Page 5697 - Week 17 - Thursday, 5 December 1991
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public for inspection. In the majority of cases, probably 99 per cent of cases, we believe that this would reduce some of the conflict that we now see. In a way it is like the start of a mediation process, a bit like the start of a consultation process.
There may be some indication that things that are in a design and siting proposal or a request may be affected by copyright or may be commercial-in-confidence. Let me get this right on the record straightaway. A design and siting guideline, or a drawing, is the property of the architect concerned and it is copyright. It is a very simple matter of the architect maintaining copyright under the copyright laws. So, we do not believe that there is any need for this to be held back.
Because of history, because of past access and availability of information, we believe that it is appropriate to require this information to be made available on request or for public inspection, or both. We are not saying that it must be there or that it must be made available; we are saying that if someone asks for it they should be given access to it. That, I think, is the important distinction and that is why we have moved the way we have.
MR WOOD (Minister for Education and the Arts and Minister for the Environment, Land and Planning) (4.43): Mr Speaker, again I think this is a problem due to rush and the lateness of things. I understand what Mr Jensen is saying; but this is a matter, I believe, that needs more time and treatment in a better way. In fact, my advice is that this provision does not belong in this legislation at all but belongs in the Acts related to design and siting. I further understand that you could be exempting some applications of this nature that you would want from being revealed under the draft Territory Plan. That is not a complete plan yet, but I think this amendment would benefit from a wider consideration. Therefore, we will oppose it.
MR JENSEN (4.44): Mr Speaker, I think we must remember that the Planning Authority does have some responsibility for design and siting. It is not just the building section that is involved in design and siting decisions; it is also the Planning Authority. I suggest to Mr Wood, the Minister, that it is quite appropriate for this sort of information to be included in legislation that deals with planning because the planners are required to provide design and siting approval. The building section provides building approval; but design and siting is the responsibility of the Planning Authority. That is why we believe that it is appropriate for it to go there.
MR WOOD (Minister for Education and the Arts and Minister for the Environment, Land and Planning) (4.44): Mr Speaker, the Planning Authority does do that. So does the building section. So does that relevant Act. The two need to be consistent. Any provisions that are in these
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