Page 968 - Week 04 - Wednesday, 17 June 1992
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LAND (PLANNING AND ENVIRONMENT) (AMENDMENT) BILL 1992
MR WOOD (Minister for Education and Training, Minister for the Arts and Minister for the Environment, Land and Planning) (3.46): Mr Deputy Speaker, I present the Land (Planning and Environment) (Amendment) Bill 1992.
Title read by Clerk.
MR WOOD: Mr Deputy Speaker, I move:
That this Bill be agreed to in principle.
The Land (Planning and Environment) Act 1991 was passed by the Assembly on 5 December 1991. The Act commenced on 2 April 1992. The amendment Bill amends three sections of the Act to clarify the effect of certain provisions in the Act. Firstly, section 210 of the Act provides for the granting of a licence "for purposes connected with the occupancy" of an area of public land; that is, land classified in the Territory Plan as public land under one of the categories specified in section 193. Section 217 of the Act provides for the granting of licences "to occupy or use" an area of land that is not public land. The draft amendment to section 210 will provide that a licence may be granted "to occupy or use" an area of unleased public land. The purpose thus becomes consistent with the purpose for which a licence of an area of land which is not public land may be granted.
Secondly, section 242 of the Act is amended. That section imposes an obligation on both the Minister and the Executive to give notice to an applicant of the approval of an application to conduct a controlled activity. Subsection 242(1) imposes an obligation on the Minister to give notice to the applicant of his or her decision to approve an application to conduct a controlled activity. Subsection 242(2) requires the Executive to give notice to the applicant of its decision to approve or refuse to approve an application to conduct a controlled activity. However, the obligation under subsection 242(3) to advise the Registrar of Titles of the approval of an application to conduct a controlled activity specified in item 2 or 3 of Schedule 4 of the Act is imposed only on the Minister. The proposed amendment to subsection 242(3) will impose the obligation on both the Minister and the Executive.
Finally, paragraph 282(e) of the Act provides that the regulations may make provision in relation to the exemption of a controlled activity from "the requirement of all or any of the provisions" of Part VI of the Act. It is the policy of the Government that the regulations may exempt the conduct of a controlled activity from the application of all or any of the provisions of Part VI. The proposed amendment to paragraph 282(e) will remove any possible ambiguity as to the scope of the power to exclude by regulation the application of provisions of Part VI. I present the explanatory memorandum for the Bill.
Debate (on motion by Mr Kaine) adjourned.
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