Page 1139 - Week 04 - Thursday, 21 March 1991
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The proposed planning and land use legislation provides for the imposition of betterment on the new basis; however, in the interim, the City Area Leases Act has to be amended to ensure that matters coming before the ACT Supreme Court are dealt with in accordance with the Government's announced policy. I refer members to the Chief Minister's statement in that regard.
The City Area Leases (Amendment) Bill also provides for new arrangements in respect of concessional leases. Organisations which supplement social or community services provided by the Government will still be allowed to obtain leases on a concessional or free basis. However, where an organisation proposes to transfer such leases to a commercial organisation, it will be necessary to obtain the Minister's consent, that consent being dependent on the payment of a premium. The Government believes that in such instances it is appropriate that a premium be levied which represents any revenue forgone by the community when the lease was originally granted.
Mr Speaker, appeal rights in respect of the determination of betterment charges and premiums payable on the transfer of concessional leases are all provided for in the Bill. In addition, this Bill amends subsection 11A(1) of the City Area Leases Act to allow the ACT Supreme Court, upon application by the lessee, to amend any provision of a lease. This will give the court the flexibility to vary lease covenants, subject of course to the other provisions of section 11A, and, of course, payment of the necessary charges. The Bill announced by the Chief Minister, together with the recommendations, will bring into effect this Government's announced policies on betterment charges and concessional lease administration. And, Mr Speaker, these changes will be continued in the proposed planning and land use legislative package which is currently being considered.
Mr Moore: This is supposed to be a debate. How does that conflict with the issues that I raised?
MR DUBY: I think the issues that Mr Moore raised will be addressed, presumably, in the detail stage. I commend the Bill to the Assembly, Mr Speaker.
MR CONNOLLY (11.21): Mr Speaker, I suppose the comment to make at the outset of the debate on this Bill is that the Bill smacks somewhat of adhockery. It is an obvious consequence of the Government's continued delays in getting the planning package into place. We keep hearing those immortal criticisms made by Mr Collaery in his speech in bringing down the Labor Government, where he criticised Ms Follett roundly for failing to introduce and implement and have in place the planning package in the first six months of self-government. Now, 15 months into the Alliance Government, we have the second piece of legislation being introduced, designed to shore up the position while we wait for the comprehensive package of planning legislation. So,
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