Page 5008 - Week 17 - Tuesday, 11 December 1990
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I say again that it is our intention, in having this legislation quickly in place, to ensure continuity in the Territory's planning arrangements, while at the same time ensuring that full consultation, in relation to that whole planning package, can continue. There is nothing sinister about the legislation. There is no intention to produce shoddy legislation. It is a simple Act to ensure the legality of our Planning Authority and the decisions that it is inevitably going to have to take and the actions that it is inevitably going to have to take over the next few months until such time as our planning legislation is in place. I would ask the Assembly to treat it for what it is and support the Government in legitimising the activities of the authority.
Question resolved in the affirmative.
Bill agreed to in principle.
Detail Stage
Clause 1
Motion (by Mr Moore) negatived:
That the debate be now adjourned.
Clause agreed to.
Clause 2 agreed to.
Clause 3
MR MOORE (10.24): The issue I wish to raise is about the Crown. Clause 3 states, "This Act binds the Crown". On this particular issue we have the question of appeals and the question of penalty procedure and responsibility. It seems to me that, when one is dealing with the factor that binds the Crown, on a number of occasions this would seem to be a perfectly reasonable way to go about it. On planning issues the Crown itself will often be challenged as to its actions. On the issue in question, it would seem to me that there is no appeal provision in any part of this Bill. Had we had an appeal section in any part of this Bill, then I would have much less difficulty with how the Crown is bound.
The notion that this Act binds the Crown is fairly much a nonsense thing when there are no penalties provided. It seems to me that there is very little about this clause that makes any sense with reference to the Bill as a whole. For that reason I have some difficulty with clause 3 of this Bill and, as such, I ought to say that I oppose it.
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