Page 3508 - Week 12 - Thursday, 19 September 1991

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The legal firm of Dunhill, Madden and Butler, in a report on the legislation commissioned by the Attorney-General's Department earlier this year, stated:

The provisions in the legislation for public consultation, public and individual notification, the rights of review of administrative decisions and the opportunity for Assembly scrutiny are commendable.

The consultants went further, however, and added:

The proposals in the package in relation to these matters are perhaps the most advanced in Australia.

Mr Kaine: We did pretty well, didn't we?

MR WOOD: I think a lot of people worked very effectively on this legislation. I would remind members that it was the first Follett Labor Government which set the objectives for the development of this vital legislation. In September 1989 that Government released for public consultation a paper putting forward proposals for a fully integrated planning and land management system for the ACT.

The key objectives of such a system were that it be easily understood, allowing the public to understand planning policies and the implications of proposed changes, and to be able to participate in change; provide a reasonably assured timetable on decisions and administrative matters affecting planning and lease management; allow for entrepreneurial opportunities; provide appropriate appeal rights on planning and land use decisions; not encourage the growth of bureaucracy but support initiatives to promote private sector employment opportunities; and, finally, provide for a common and accessible land information system designed to guard against corruption.

Overall, to ensure such a system, the legislation was to have the following features: Provision for early and extensive public consultation; clearly defined processes which provide certainty for all parties; openness of administrative processes, including the publishing of government directions; and the ultimate authority for planning was to rest with this Assembly.

It is against these objectives that the legislation drafted by the former Alliance Government was reviewed by this Government. The challenge for any government developing legislation of this type is the need to achieve a balance between competing attitudes and values and to adopt an approach which is in the interests of the community as a whole. I believe that we have achieved this goal, and with it the objectives mentioned a few moments ago.


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