Page 4645 - Week 15 - Thursday, 21 November 1991
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the building or space. There is also a general consensus that commercial space, be it retail, wholesale or even warehouse, could well change at much shorter intervals than does residential property. We have already seen that in our commercial areas.
It is important that any criteria for the granting of concessional leases be clearly identified and then set out in legislation to ensure that no-one is able to trade in the provision of a community facility or asset to a group that has as one of its main aims the provision of a service to the public. Such leases should be available to be passed to a like organisation only with the consent of the Minister, and then only when it can be clearly shown to be in the public interest.
One of the problems with regulations is that in most cases it is the Government that controls the regulations, not the Assembly. Once a regulation is brought down, it is very difficult for those of us on this side to change it. However, if it is included as a schedule to the Bill, it is possible to seek to amend that schedule if we find that it is not working. I argued while I was part of the Government, and I continue to argue, that a lot of this information - criteria for heritage, for granting of leases, et cetera - should be included as schedules to the legislation. I know that people in the departments with whom I discussed this do not accept this argument, for various reasons; but the Rally believes that the Assembly should have some control over this matter, not just the Government.
In closing with some comments on disallowable instruments and regulations, let me take this opportunity to thank the Minister for providing a comprehensive summary of where such instruments are required and a brief date of each instrument. This will be most helpful in enabling me to prepare my amendments to the legislation. This document has been very useful in identifying the various instruments. However, it is still considered, for example, that instruments for granting leases under clauses 162, 163 and 166 of the Bill should be provided as schedules to the Bill. They should also include a requirement that the Minister must also make an assessment as to whether the granting of the lease is in the public interest.
Our position on the need for the schedules, which are much more difficult to amend, has not changed. Much of this material, as I have already indicated, relates to setting criteria for heritage assessments, granting of leases and public land, to name a few. They should be fully debated in the parliament before, rather than after, the event.
As I said at the beginning, there is much to comment on in this very important legislation. However, the Rally reiterates once again that the legislation should, if possible, commence on 1 January. I think my colleague Mr Collaery may be making some comments in relation to that
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