Page 4119 - Week 14 - Wednesday, 23 October 1991

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variation process until they have received the report of the committee. That is not what has been happening. It is likely that, if all the homework is done and the residents and the community are fully consulted at the outset, more often than not a letter advising that there are no problems will be the normal response from the committee.

However, an executive, particularly one from a minority government, that ignores a well reasoned recommendation from an Assembly committee may well rue the day. Of course, we can only speculate as to why the Forrest decision was made, despite considerable opposition from the residents and the Heritage Committee and before the Planning Committee had held even one public hearing on the issue. We may need to ask ourselves who is driving the development proposals, especially as a well-known Labor identity is known to be a lobbyist for the development. It is to avoid these sorts of concerns that the Rally has continued to argue for a genuinely open planning and development system. Justice must not only be done but be seen to be done.

The explanatory memorandum for the Bill clearly shows what the disallowance provisions are and, as I said, they are the same as is proposed for the new legislation. I have used the words from the explanatory memorandum to that Bill for my explanation, and I give credit for that. As I have already indicated, this move was strongly recommended by my colleague Dr Kinloch and me in our additional comments on the draft planning legislation in the joint committees report.

It is at this point that I note the comments made by the Scrutiny of Bills Committee about the lack of explanatory memorandums for private members' business. Frankly, Mr Speaker, we do not have the resources the Government has, and it was necessary for me to finalise this document myself last night in time for it to be tabled today. This is an issue the Assembly must come to grips with if we are to continue to produce thoughtful legislation.

The final clause of the Bill will ensure that any variation to the Territory Plan before the Assembly that has not been finalised before the commencement of this Bill will fall within the disallowance provisions of the Bill. This should ensure that the Assembly and its committees will have ample opportunity to deal with and debate the large number of variations to the Territory Plan that have been put forward in advance of the Territory Plan and the new legislation.

I commend the Bill to the Assembly and trust that it will be brought forward quickly for finalisation. I conclude my remarks by formally thanking officers who have provided invaluable assistance to me and other private members in preparing legislation for the Assembly.


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