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Legislative Assembly for the ACT: 1996 Week 14 Hansard (11 December) . . Page.. 4768 ..

Proposed new clauses 16A and 16B

MS HORODNY (7.15): I move:

That the following new clauses be inserted in the Bill:

"Notice of decision

16A. Section 217C of the Principal Act is amended -

(a) by inserting in paragraph (1)(b) `subject to subsection (1A),' before `the Registrar';

(b) by inserting after subsection (1) the following subsection;

`(1A) Where the Registrar makes a decision under section 150U, 150V or 150Y, the Registrar shall, if the land adjoining the land to which an application relates -

(a) is occupied - give notice in writing of the Registrar's decision to the occupier and lessee of the adjoining land at the address of the adjoining land; or

(b) is unoccupied - give notice in writing of the Registrar's decision to the lessee of the adjoining land at the address of the lessee last known to the Registrar; and

(c) by inserting in subsection (2) `or (1A)' after `(1)'.

Review by Administrative Appeals Tribunal

16B. Section 217D of the Principal Act is amended by inserting `or (1A)' after `(1)'.".

In the truck parking rules released in May, the Government stated that neighbours would have a right of appeal against an exemption from the code of practice given to an existing operator by the Registrar of Motor Vehicles. However, in the Bill there is no clear provision for neighbours to have this right of appeal. Under the new section 150U, neighbours will be advised of an application for an exemption and have the opportunity to comment on this application. While the existing operator will have the opportunity to appeal to the AAT against a decision of the registrar regarding an exemption, neighbours have been denied that opportunity. This amendment makes it absolutely clear that neighbours will be advised of a decision of the registrar regarding an exemption for an existing operator and will be able to appeal to the AAT against that decision.

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