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Legislative Assembly for the ACT: 1996 Week 14 Hansard (12 December) . . Page.. 4896 ..

MS HORODNY (continuing):

(2A) If the Legislative Assembly recommends, under subsection (2), that the Executive give directions to the Authority, the Executive shall consider the recommended directions and shall, by instrument tabled in the Legislative Assembly -

(a) give the Authority directions under subsection (1) as recommended, or in a modified form; or

(b) refuse to give the Authority the recommended directions.".

At present, under section 37 of the Act, only the Executive can give directions to the Planning Authority about what policies and objectives it should pursue, or request it to review any part of the Territory Plan. The Bill expands this power to the Minister, but we believe this is still too narrow and ignores the role of the Assembly. There have been a number of motions debated in this Assembly requesting various actions on planning issues, but in the end the Assembly has to rely on the Government to implement these requests and there is no guarantee that the Government will do so.

We have been advised, however, that allowing the Assembly to direct the Planning Authority to do something may contradict the principle of the separation of powers because of the fact that the Planning Authority is now defined as merely a position within the ACT Public Service directly accountable to the Government. As a compromise, our amendment, therefore, requires the Executive to formally table a response to any resolution of the Assembly that seeks to direct the Planning Authority to review its planning policies or a part of the Territory Plan.

MR MOORE (10.13): Mr Temporary Deputy Speaker, in fact, I originally put amendments slightly different from this, but I withdrew them in the interests of brevity.

MS McRAE (10.14): We find this a totally unnecessary amendment. When does nine not equal nine, for heaven's sake? If there were a resolution of the Assembly, it would be a stupid government that did not listen to it. Even this one listens when there are nine against them, for heaven's sake. Now we have to comment on it as well. I do find it a redundant and unnecessary amendment; but, just to give Ms Horodny the pleasure of saying we once went with them, we will reluctantly agree.

Amendments agreed to.

Clause, as amended, agreed to.

Clauses 22 to 24, by leave, taken together

MR MOORE (10.16): We have already had the debate about the Chief Planner. These really are the substantive issues about the Chief Planner. While I will be opposing them, I will not call for a vote.

Clauses agreed to.

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