Page 2471 - Week 09 - Tuesday, 6 August 1991
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The amendments proposed in this Bill will remedy the situation and will provide the Executive with a power to revoke its approval of a plan at any time before the plan is laid before the Assembly. I believe that this is a sensible proposal. There is a gap in the Act that needs to be filled, and this amending Bill will do it.
There is a consequence to the amendment we are proposing. So, related to this amendment is the proposed amendment to the provisions of the Act dealing with the "defined period" during which the Territory, Executive, a Minister or a Territory authority may not do any act which would be inconsistent with the draft plan. The Act presently provides that, in the periods defined from the time a draft plan variation is notified in the Gazette until either the day before the variation comes into effect or the day before the variation is rejected by the Assembly or the day before the variation is withdrawn, no act may be done which would be inconsistent with the draft variation. This is, if you like, a protective device to see that nothing can be done that is inconsistent with the proposed draft. It protects what is held at the moment.
The Bill will amend the definition of "defined period", so that it will include a period which commences on the date a draft plan variation is notified in the Gazette and ends on the expiration of the day before the date the Executive revokes its approval of the variation. During this period, the Territory, the Executive, a Minister or a Territory authority will be prohibited from doing any act which would be inconsistent with the Territory Plan if it were varied in accordance with the draft variation.
The amendments proposed in the Interim Planning (Amendment) Bill 1991 provide the Executive with the option of revoking its approval of a draft plan before the plan is laid before the Assembly, and will facilitate the planning process by terminating, on the day before the day of revocation, the period during which acts inconsistent with the draft variation are prohibited.
The Bill has no revenue or cost implications, and I commend the Bill to the Assembly. I present the explanatory memorandum for the Bill.
MR COLLAERY (9.46): Mr Speaker, the Rally supports this Bill. The Rally particularly points out that the Bill allows the Executive to revoke an approval only at any time before the plan is laid before the Assembly. Any developer apprised of an approval who proceeded with development work prior to the tabling and passage of a draft variation would do so at their peril and would not be acting commercially. This does not prejudice, in our view, those who get word of a matter being approved by an Executive at any time prior to the tabling and passage of it under the subordinate rules.
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