Page 3160 - Week 10 - Thursday, 16 September 1993
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There is some uncertainty whether, if this occurs, the public consultation requirements for draft plan variations then come into effect - that is, a further round of public comment would be required. The relevant provision in the land Act enables the Executive to direct the authority to undertake further consultation in respect of a draft plan variation. It was not originally intended that a draft plan variation returned to the authority should be subject to the general public consultation requirements. The Bill puts this issue beyond doubt. However, I should make it very clear that the Executive has the capacity to order public consultation where it is considered appropriate.
A third provision of the Bill relates to the pay-out of rural and concessional leases. The land Act provides that, in certain circumstances, where a rural lease has been granted or a lease has been granted at a rate less than the market value, neither lease can be varied so that the land rent payable is reduced to a nominal rent. This provision reflected both a concern about the arrangements for concessional leases and a longstanding policy in respect of rural leases. Prior to the land Act, leases issued to community groups and national and local associations at concessional rates were able to pay out their land rent commitment.
The community's concern about the operation of community leases can be appreciated, but the prohibition on pay-out of leases does not address any of these concerns and is not justified. The removal of the prohibition does not confer any additional development rights; nor would it automatically provide for the transfer of the concessional leases nor relieve the lessee from the obligation to pay betterment where necessary. Rather, it simply enables the lessee to pay out an obligation, a right which already exists for other rental leases.
In respect of rural leases, a recent review of rural leasing policy highlighted a concern in the rural community over their inability to pay out land rent. This concern is acknowledged, as the Bill addresses it by providing for such pay-out. I should point out, however, that not all rural lessees will be able to pay out their land rent. It will apply only where a long-term rural lease is issued for a period of between 21 and 50 years. Lessees in this category are those most likely to take up the option. I present the explanatory memorandum for the Bill.
Debate (on motion by Mr Kaine) adjourned.
BUSHFIRE (AMENDMENT) BILL 1993
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (10.37): I present the Bushfire (Amendment) Bill 1993.
Title read by Clerk.
MR CONNOLLY: I move:
That this Bill be agreed to in principle.
The Careless Use of Fire Act 1936 relates to the careless use of fire and for this purpose establishes a Bush Fire Council and a Rural Firefighting Service, and provides for the appointment of a Chief Fire Control Officer. In particular, section 7A prohibits the lighting, use or maintenance of a fire in the open air on a day or during a period of acute fire danger which occurs where the Minister has warned of conditions conducive to the spread of fires.
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