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Legislative Assembly for the ACT: 1996 Week 14 Hansard (11 December) . . Page.. 4749 ..

MR DE DOMENICO (continuing):

and laneways. The Bill proposes to prohibit semitrailer pantechnicons, stock trucks and vehicles over 3.6 metres in height from parking on residential leases. Also prohibited on leases which have multiunit dwellings are vehicles over 2.6 metres in height, over six metres in length or with a gross vehicle mass of greater than 3.75 tonnes.

A code of practice for parking heavy vehicles on residential leases was developed from a set of rules that were agreed to by a working party last year. This working party consisted of resident, industry and Government representatives. Operators of heavy vehicles will be able to park on their residential lease as long as they comply with the code of practice. There will be two classes of operators. Existing operators are those who have parked a heavy vehicle in a residential area not less than 24 times in two years preceding the day the legislation is passed. A new operator is one who wishes to commence parking a heavy vehicle in a residential area after the legislation is passed. The Registrar of Motor Vehicles is to keep a register of existing operators, with these operators having 12 months from the day the legislation is passed to apply. Existing operators will have some latitude, in that they may apply to the Registrar of Motor Vehicles for exemptions from the code of practice. The registrar will consult with neighbours prior to granting any exemptions. New operators must strictly comply with the code of practice.

There were some concerns expressed by a lot of people. Some of these related to the issue of existing operators certificates; others related to the level of fees, nature strips, and the appeals mechanism. I note that Ms Horodny wondered whether neighbours will have the right to go to the AAT. Of course; that is why the AAT is there. Everybody has a right to appeal against an administrative decision through the AAT. Some matters about the code of practice were raised. One of the good suggestions from the TWU was that a plain English brochure should be produced and mailed to all registered truck owners in the ACT. This is a useful suggestion, and the offer of TWU assistance in distribution will be taken up. I was delighted with the way the union movement sat around the table and came up with what we have before us today.

Concerns were also expressed about vehicle height and vehicle parking facilities. Mr Whitecross, Ms Horodny and Mr Moore commented on that, and I was gratified that Mr Whitecross did acknowledge the fact, as did Mr Moore and Ms Horodny, that the Government had called for expressions of interest. Ms Horodny, can I suggest that the only people who will put in expressions of interest are the ones who know whether it is feasible or not. I agree with Mr Moore that it should not be something that is provided by the Government; it should be provided by the private sector. We will be interested to see the results of that. Can I say that that is not going to be a long drawn-out process. I think expressions of interest will close by the middle of January, with a view to the Government making a decision shortly after that.

The Greens have notified us about their amendments. They have indicated that they support a total ban on heavy vehicles in residential areas, and they have said that for a long time. A private members Bill proposed by Ms Horodny seeks to amend the Noise Control Act to prohibit vehicles over 12 tonnes entering, leaving or running engines on a residential lease before 7.00 am and after 10.00 pm. This Bill is likely to be debated very shortly. I was told it would be today, but obviously we did not have time to debate it today. The Government, the Opposition and others believe that the

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