Page 3694 - Week 12 - Wednesday, 20 October 1993
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(b) if an objection to the application has been made under section 237 and no application is made to the Appeals Board for a review of the decision within 28 days after the date of the decision - on the day following the expiration of that period of 28 days; or
(c) if application is made to the Appeals Board for a review of the decision to approve the application - on the day on which the Appeals Board decision affirming or varying the decision is made.".
I present the supplementary explanatory memorandum which also has been circulated. Madam Speaker, I will speak to this amendment and, as I do, I will comment on various other amendments that are coming up. The first amendment we are dealing with relates to the garage problem which Mr Lamont discussed and which was the subject last week of a couple of questions from Mr Kaine to me. I indicated to Mr Kaine at that time that I would look at the problem and this, I believe, is the solution.
The Land (Planning and Environment) Act 1991 provides for the control of certain land use activities. This is achieved through a controlled activity process. A person is required to make an application and any person affected by the activity can lodge an objection. After considering all the issues a decision is subsequently made. Where an application to conduct a controlled activity is approved, the decision does not take effect until at least 28 days after the approval is given. That is the period within which a person may apply to the Land and Planning Appeals Board for a review of the decision.
Such a situation is inappropriate where no objections to the application have been received and the applicant accepts the decision. Firstly, a person who did not object to an application cannot appeal the decision unless they can convince the appeals board that they were unable to object to the making of the decision. Secondly, if the applicant accepts the decision and such conditions that may be imposed, why should they not be able to act on the decision immediately? This proposed amendment would not remove the right of appeal to the appeals board; nor does it affect the situation where the appeals board is asked to review the decision. Rather, where the applicant accepts the decision and there have been no objections to the application, the decision will come into effect immediately. There will be none of that further delay.
The proposed amendment No. 2 amends clause 22. The reference to the Executive should be to the Registrar. Further changes are proposed - - -
MADAM SPEAKER: Mr Wood, we are doing them one at a time, are we not?
MR WOOD: I was talking generally to them all.
MADAM SPEAKER: You will need leave to do that, Mr Wood.
MR WOOD: I seek leave.
Leave granted.
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