Page 1939 - Week 07 - Wednesday, 15 June 1994
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .
know the answer to that question. He went on to say that he believed that there were around 10 outstanding applications being processed under repealed legislation under the provisions of subsection (1) of section 26 of the Land (Planning and Environment) (Consequential Provisions) Act, and that these were being dealt with on an individual basis. He agreed that, as the department could not identify applications, more could exist.
It seemed to me then, and still seems to me now, Madam Speaker, that allowing old applications for lease variations to be dealt with under repealed legislation is at odds with the intent of the Land Act and the Territory Plan. As a result, I publicly foreshadowed my intention to introduce into the Assembly a Bill to amend the Act and to include a sunset clause in section 26 so that, after an agreed date - in this amendment Bill it is 30 June 1995 - all applications for lease variation will be determined under the Land Act. I reiterated this intention at a rally on 7 May at the Kippax centre that was convened by the Belconnen Community Council to hear concerns about the proposed development and to canvass a range of community facilities that could be located at the Kippax centre.
Madam Speaker, for the benefit of members, I will compare the relevant provisions of the Land Act and the City Area Leases Act which relate to applications for lease variations. The City Area Leases Act at subsection 11A(1) says:
Notwithstanding anything contained in this Act, the Supreme Court may, subject to this section, on the application of the lessee (in this section referred to as the "application for variation"), vary, amend, omit or add any provision, covenant or condition of a lease.
Section 11A, among other things, expands on how the application is to be lodged with a court, requires the applicant to serve notice on the Minister and publish the notice in the Gazette and a newspaper circulating in the Territory, and allows anyone to file with the registrar of the court notice of their intent to oppose the application. The City Area Leases Act is complex legislation which has been amended on an almost annual basis since 1936 and which is out of touch with today's requirements for openness and transparency. It also involves the Supreme Court in the lease variation process and places no time limits on the variation process. It can literally take years.
Under the Land Act a lease variation and a new lease for the purpose of effecting subdivision or consolidation of Territory land are treated as controlled activities. Part VI, "Approvals and Orders", of the Land Act states at subsection (1) of section 226:
An application for approval to conduct a controlled activity shall -
(a) be in a form made available by the Minister ;
... ... ...
A pink form for this purpose has been available since the Land Act became law and applications are valid only if made on this form. The Act also provides for strict timeframes within which the steps of the lease variation process must be completed. Some examples from the Act are as follows: Subsection (4) of section 230, "Approvals", reads:
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .