Page 6043 - Week 18 - Thursday, 12 December 1991
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The provisions of this Bill will repeal, amend or retain relevant existing legislation, depending on the circumstances. Whereas the Land (Planning and Environment) Act 1991 replaces existing requirements, the consequential provisions Bill will repeal the whole or parts of existing legislation no longer required.
Schedule 2 of the Bill sets out the legislation which will be repealed. In some instances, existing legislation will be amended to remove inconsistencies with the land Act or to enable concurrent operation with that Act. For instance, section 258 of the land Act provides that, where an order is made binding subsequent lessees or occupiers, the Minister will give the Registrar of Titles a copy of the order. Such a provision will not have the required effect of informing intending lessees or occupiers, unless the Real Property Act 1925 is amended to give the Registrar of Titles the ability to endorse the title as necessary.
The consequential provisions Bill will also provide that, where appropriate, certain pre-existing rights, obligations and liabilities will continue after the commencement of the land Act. By way of example, an act or thing done by or on behalf of the ACT Planning Authority before the commencement of the land Act shall be taken to have been done by the new authority constituted under that Act. Further, if action has been taken to terminate a lease under section 22 of the City Area Leases Act 1936 before the land Act commences, the Minister may continue action under the City Area Leases Act, notwithstanding the fact that it has been repealed.
Lastly, the Bill will also provide for some current arrangements to continue until the draft Territory Plan is approved by the Assembly. For instance, the land Act and the draft Territory Plan will alter the way that a lessee can seek approval to conduct a business from a residential lease. Until the draft Territory Plan is in place, section 10 of the City Area Leases Act will be retained by the consequential provisions Bill so that lessees will still be able to operate a home business. In conclusion, the Land (Planning and Environment) (Consequential Provisions) Bill 1991 will allow the land Act to commence smoothly.
As I have informed the Assembly on previous occasions, the Department of the Environment, Land and Planning is looking at ways of informing the public about the procedures and new arrangements that will apply when the land Act commences. Training of staff will be carried out to ensure that, when the Act commences, the requirements imposed by the legislation will be met. I present the explanatory memorandum for the Bill.
Debate (on motion by Mr Kaine) adjourned.
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