Page 894 - Week 03 - Thursday, 14 March 1991
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and understood by all industry partners. The Bill further amends the Occupational Health and Safety Act in two areas. The first is to provide for paid leave for health and safety representatives and deputy health and safety representatives to attend training courses necessary for their positions as representatives. The second is to provide that an injury which is required to be reported under the Act does not have to result from an accident but may also occur as a result of an illness or disease contracted at work. I present the explanatory memorandum for the Bill.
Debate (on motion by Mr Berry) adjourned.
CITY AREA LEASES (AMENDMENT) BILL 1991
MR KAINE (Chief Minister) (10.34): I present the City Area Leases (Amendment) Bill 1991. I move:
That this Bill be agreed to in principle.
As members will recall, on 22 February 1990 I released to the media details of the Government's new policy on betterment charges. Those charges apply to all applications lodged in the ACT Supreme Court on or after 22 February 1990 for variations to lease purpose clauses under section 11A of the City Area Leases Act of 1936. The new charges take into consideration not only the time since the date of grant of the lease to be amended but also whether the lease was granted as a full charge grant, a concessional grant, or a grant free of charge.
The greater the concessions of the lessee, the greater the proportion of the added value resulting from the change in the purpose clause that should be borne by the lessee and not the community through lost revenue. The proposed planning and land use legislative package, currently released for public comment, will provide for the imposition of betterment charges on the new basis. However, as things stand, until such time as that legislation commences, for matters coming before the Supreme Court, betterment must be assessed in accordance with the existing provisions of section 11A of the City Area Leases Act. Broadly that means that lessees would continue to pay 50 per cent of the added value of the lease as a result of the lease purpose change.
To give effect to the announced changes, the Bill amends section 11A of the City Area Leases Act to provide that, in respect of applications lodged on or after 22 February 1990 in respect of which the Supreme Court has not made a provisional order, betterment will be assessed in accordance with the City Area Leases (Betterment Charge Assessment) Regulations. Applications to which the Bill does not apply will continue to be assessed under the former provisions of section 11A of the City Area Leases Act.
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