Page 3512 - Week 12 - Thursday, 19 September 1991
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will recall that interim planning legislation was enacted to cover the period between the end of the transition period provided for in the ACT (Planning and Land Management) Act 1988 and the commencement of the Bill before you today. With the commencement of the Land (Planning and Environment) Act, the Interim Planning Act 1990 will be repealed.
All of the corresponding policy provisions contained within the interim Act are reflected in Part 2 of the Bill, which provides for the continuation of the ACT Planning Authority, the appointment of a Chief Planner, and variations to the Territory Plan, including the establishment of a heritage places register. I should emphasise that the way in which a heritage places register is to be integrated in a statutory plan is unique to the ACT. It ensures that the heritage significance of places and requirements for their conservation are explicit. It also ensures that the implications of any proposed listing, including economic ones, have been taken into account before a place is afforded the full protection of the plan.
The planning part of the Bill prescribes detailed procedures for consultation with the public, the National Capital Planning Authority and relevant ACT Government agencies in developing a variation to the Territory Plan. It provides for ministerial direction in appropriate circumstances, details of which must be published; and it sets up procedures for approval of a variation to the plan by the Executive and its consideration by the Legislative Assembly. As I mentioned earlier, plan variations are subject to a deemed disallowance provision.
Part 3 of the Bill deals with heritage. The principal features of this part are the establishment of a heritage council of up to 11 members with a wide range of expertise; an interim heritage places register, to be developed in consultation with the public; procedures for a lessee to nominate a place for inclusion in an interim heritage places register; and opportunities for affected persons to appeal to the AAT against decisions of the heritage council to include or exclude a heritage place on an interim register.
I should say at this point that the Government has decided that there will be no compensation payable to individuals or organisations claiming loss as a result of a heritage listing. Nevertheless, we have undertaken to review this decision after the legislation has been in operation for three years.
Aboriginal heritage is accorded full protection under this part of the legislation. Provisions require consultation with Aboriginal organisations; the reporting and safeguarding of unregistered places and objects; financial compensation, in particular circumstances, for loss or
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