Page 2194 - Week 08 - Wednesday, 6 June 1990
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specify various other conditions; for example, a condition that the activity be carried out to a certain standard.
The Bill provides that time limits for all stages of the approval process may be determined by regulation. It will be an offence for a controlled activity to be conducted without an approval or outside the terms of the approval. Where this occurs, an order could be issued. It could require a person to refrain from a controlled activity, to meet the conditions of an approval, or to make good any work carried out without approval.
The Bill also specifies appeal rights under the land planning regime. In tabling the draft Planning and Heritage Bills, I announced the key features of appeal provisions in the land planning system. In view of the particular public interest in this part of the package, I would now like to recap on those provisions.
The Bill specifies the circumstances in which those who apply to carry out a controlled activity may appeal to the Administrative Appeals Tribunal. For example, an applicant may appeal against the refusal by the approval authority to grant an approval, or against the conditions of an approval.
With certain exceptions, rights of standing to appeal on the merits will extend to third parties. No right of appeal will exist against decisions subject to disallowance in the Assembly, such as variations to the Territory Plan itself. Where it has been certified that an inquiry or an environmental impact statement has examined all the relevant matters in relation to an application, the decision on the application would not be appealable by third parties.
Importantly, the Territory Plan itself will also define the circumstances or areas in which such standing may not apply. This approach will allow any exceptions to the provision of third party standing rights to be identified against the backdrop of the plan, the proposals it contains for land use and the standards and policies applicable to development. Any such exceptions will therefore be first subject to community consideration as a part of the process of consultation on the plan.
In order to be able to exercise their right of appeal, it is essential that third parties receive notice that an application has been made to conduct a controlled activity. The Bill therefore addresses in detail the means by which applications which are subject to third party appeal are to be notified to interested parties, especially adjoining lessees.
In relation to such applications, any person will be able to register an objection. The approval authority will have to consider all objections before reaching a decision. Once the decision is made and notified, any person who
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