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Legislative Assembly for the ACT: 1996 Week 3 Hansard (28 March) . . Page.. 818 ..

MR HUMPHRIES (continuing):

The Territory has had an elected Assembly for seven years. Planning is as much a function of the executive government as health and education. And, as an executive function, it is the responsibility of the elected government to establish the broad strategic planning framework and related policy, and to ensure that services are delivered in accordance with this framework. Strategic planning and land use policy is advised by the political process, including the Assembly's Planning and Environment Committee, the community and professionals within the Government's administration. The Land Act, the Territory Plan and the regulations that go with them are the instruments put in place to ensure that development occurs in accordance with government policy or community standards.

The Government is committed to delivering a simple, transparent and effective system for land planning and development in the ACT. It is committed to doing so within the framework of the democratic process. For these reasons, the Government does not support the further separation of planning and land administration functions proposed by the board of inquiry. Much of the current complexity exists because of the artificial separation between lease administration, planning and development processes and decision-making. Creating two separate statutory authorities - one for land, the other for planning - will only exacerbate the difficulties currently experienced. In addition, while acknowledging the need for improvements in our delivery of planning and land administration services in the ACT, the Government believes that the structures recommended by the board of inquiry are inconsistent with an integrated customer-focused approach to planning and development activities.

Mr Speaker, the Government proposes the following arrangements: Firstly, as to strategic planning, whole-of-government strategic planning is vitally important, not only to provide the framework for the Territory Plan, and hence control of land use, but also to provide the necessary longer-term planning for the Territory's economic, social and environmental future. This should not be the responsibility of the land use planners and land managers alone, since this kind of strategic planning has a much broader focus than simply land use. Accordingly, responsibility has been given to the Chief Minister's Department to manage the Territory's first strategic plan since self-government. Such a function belongs, naturally, at the apex of government. It is crucial to the whole growth of our city.

The second element is independent planning and leasehold decision-making. Separating decision-making from administration is critical if the system is to be credible and transparent. The Government will establish a statutory office of Land and Planning Commissioner and will fill the position with a person with expertise in disciplines relevant to land and planning. The functions of this strong, statutory, independent decision-maker will be principally to make determinations about development and lease variation applications under the Land (Planning and Environment) Act, without undue formality.

The Land Act was developed with the express intention of enabling any member of the community to formally pursue complaints through the orders process. This will be retained along with the informal complaints procedure. The Government proposes that the Land and Planning Commissioner have the power to issue orders to enforce the Act, while in some minor cases, such as untidy blocks, powers may be delegated to enable

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