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Legislative Assembly for the ACT: 1996 Week 12 Hansard (21 November) . . Page.. 4261 ..


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The Act will provide that the person making the decision is the "relevant authority" for the purposes of certain requirements relating to the approval or refusal of an application, such as giving notice to parties or requiring further particulars before a decision is made.

The Commissioner is not intended to be the person administering Part Vl of the Act - that will generally be done by the officers of the Department of Urban Services. The power of independent decision making is conferred on the Commissioner in respect of applications. The issuing of orders is another matter in which the Commissioner will play a role. However, this power is not expressly conferred on the Commissioner - certain enforcement matters will be referred to the Commissioner for determination under delegation.

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The Bill also makes a number of amendments to the Principal Act aimed at simplifying and clarifying processes or requirements, and correcting existing errors or anomalies. For example:

. sections 173 and 174 are amended to provide for compensation for pastoral improvements on rural leases;

. section 175 is amended to make it clear that certain activities may be permitted on leases notwithstanding the purpose clause in the lease. Approved home businesses and home occupations are expressly authorised under this provision; and

. section 179 is amended to allow the grant of a partial or conditional certificate of compliance where development required under a lease is partially complete.


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