Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .

Legislative Assembly for the ACT: 1996 Week 14 Hansard (11 December) . . Page.. 4760 ..

MR MOORE: I draw members' attention to this provision because it seems very dangerous. Proposed subsection 150L(3) says:

A person who, in accordance with the Code of Practice or an exemption, parks a heavy vehicle on residential land in respect of which a lease has been granted, shall not be taken to be using the lease for a purpose other than a purpose authorised by the lease.

That is not easy to understand on the surface, so I think the explanatory memorandum might be a useful device here. It states:

New subsection 150L(3) provides that people who park heavy vehicles on residential land in accordance with the Code of Practice shall not as a result be considered to be using land for a purpose other than a purpose authorised by the lease granted in respect to the land.

In other words, this holds that any truck parking that is acceptable under the code of practice is deemed not to be a breach of the lease use or purpose clause. I think it is outrageous that this should be the case. This provision basically overrides the Land Act.

Mr De Domenico: We agree, Michael.

MR MOORE: You are going to accept it?

Mr De Domenico: Yes.

MR MOORE: I will not keep going, then.

MR WHITECROSS (Leader of the Opposition) (6.48): Mr Speaker, the Opposition will be supporting Mr Moore's amendment. It goes to show how important the parliamentary process is.

Mr Berry: It is an outrageous collaboration between the 17 members in this Assembly!

MR WHITECROSS: Which should not go unreported, Mr Speaker. Complying with this code of practice ought not to override the lease purpose clause. The lease purpose clause explicitly says that you cannot park a heavy vehicle on the lease. It seems to me that this is a very reasonable proposition that Mr Moore puts, and we are happy to support it.

MR DE DOMENICO (Minister for Urban Services) (6.48): The Government also will be supporting Mr Moore's very sensible amendment, Mr Speaker.

MR MOORE (6.48): I will just conclude my remarks by saying that I am delighted that the Assembly has some spine.

Amendment agreed to.

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .