Page 6235 - Week 19 - Tuesday, 17 December 1991
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MR COLLAERY (5.28): I take this opportunity to refer to something the Chief Minister said in reply. I thought she spoke to her case very well and I do not cavil with the sentiments she offered from her position on the issue, but she did say that the Bills committee had found nothing wrong with the Bill. I was upstairs, but I heard words to that effect. I want to remind the house that the Bills committee is there to look at other issues - not substantive questions as to consistency between the Federal legislation, as we tentatively see the position, and proposed new section 127A.
Briefly, we believe that the Australian Capital Territory (Planning and Land Management) Act is the pre-eminent legislation and that it requires there to be, during any hiatus prior to the creation of the full Territory Plan, the consultative processes and the timely review processes set out therein. By abrogating that requirement, even temporarily through proposed new section 127A, we believe that this Bill is, to that extent, inconsistent with the Federal Act. We leave it to others to take that legal point and others to take that legal challenge if they wish.
We stress that that is our objection to clause 9, and our objection, we believe, might well be sustained. I believe that the Government should seek legal advice as to the legality of this provision before it goes much further, in view of the high contractual issues involved and the possibility of financial damage to the Territory.
MS FOLLETT (Chief Minister and Treasurer) (5.30): Very briefly, the Government will be supporting the retention of this clause. I think I have explained very fully the planning procedures that are to apply. I think that Mr Jensen and Mr Collaery have made a bit of a fuss over nothing. I think that it is the Territory Plan that is the major item to be considered, rather than any Commonwealth legislation, which, as far as I am aware, has no application.
Question put:
That the clause be agreed to.
The bells being rung -
MADAM TEMPORARY DEPUTY SPEAKER: Mr Stevenson is not coming.
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