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Legislative Assembly for the ACT: 1996 Week 12 Hansard (21 November) . . Page.. 4260 ..


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The Bill substantially amends Part Vl of the Principal Act by simplifying the application, notification, approval/refusal and appeals provisions.

Applications comprising several different activities will not require separate applications, notification, approvals and appeals for each of those activities, but will be dealt with as composite "Development" or "Building" applications.

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The notification and appeal provisions in Part Vl have been reviewed, and the provision for identifying exclusions of those requirements or rights in the Territory Plan has been removed.

Under the new provisions, the standing of third parties to seek review of decisions under Part Vl is restricted to those who have an interest that is substantially and adversely affected. This would extend to associations having objectives relevant to the decision in question.

The Bill inserts a new Division 4A into Part Vl providing for the Commissioner for Land and Planning. The Commissioner is an independent officer empowered to make decisions relating to applications for approvals and orders under Part Vl.

The new section 229A provides that the Minister will make a decision on an application or refer it to the Commissioner for decision. The classes of decision that must be referred to the Commissioner will be declared in a disallowable instrument. The Department may, however, refer any application to the Commissioner for decision.

The Minister is to have the power to "call in" certain matters. If an application has been referred to the Commissioner, that referral may be revoked, but notice of that is to be published in the Gazette.


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