Page 6225 - Week 19 - Tuesday, 17 December 1991
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What the Government really has said to the proponents of the scheme is, "Don't you worry about the planning issues. We will go through the process. It really does not matter what the consultation process brings". In fact, what the Chief Minister said in her tabling speech was this:
The Bill amends the Act so that the Minister may designate an area where the Territory Plan currently does not allow a casino.
Mr Berry: Mr Deputy Speaker, I raise a point of order.
MR DEPUTY SPEAKER: You are raising a point of order, are you, Mr Berry?
Mr Berry: Yes. Would you ask Mr Jensen to keep his mind on the standing order in relation to tedious and repetitious remarks in the debate. This is the third time we have got - - -
MR JENSEN: It is my speech, Mr Berry; not Dr Kinloch's and not Mr Collaery's.
MR DEPUTY SPEAKER: Yes, it is his speech.
MR JENSEN: She said:
The Bill amends the Act so that the Minister may designate an area where the Territory Plan currently does not allow a casino. The Bill provides that the designation is not to be taken to be inconsistent with the plan.
Mr Berry: We know. Bernard told us, and Hector.
MR JENSEN: Well, I am surprised, Mr Berry. My colleague Mr Collaery has argued some of the legal points in this debate. The question I wish to ask immediately is: How can we just legislate that something is not inconsistent with the plan when it clearly is? The Interim Planning Act, section 8, clearly says:
The Territory, the Executive, a Minister or a Territory authority shall not do any act, or approve the doing of any act, that is inconsistent with the Plan.
So, it may well be argued that this legislation is, in fact, inconsistent with the plan.
However, the key concern is the fact that the proponent will be able to commence negotiations with planning authorities and finalise the development agreement and matters relating to the requirements of the Casino Surveillance Authority, including employees' training and casino layouts, irrespective of what happens in relation to the planning process. They will be able to do everything but turn the first sod. So, the consultation process is really just a sham.
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