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Legislative Assembly for the ACT: 1998 Week 9 Hansard (18 November) . . Page.. 2629 ..

MR HUMPHRIES (continuing):

Chief Justice of the Supreme Court - Determination No. 37, dated 3 November 1998.

Master of the Supreme Court - Determination No. 38, dated 3 November 1998.

Chief Magistrate, Magistrates and Special Magistrates - Determination No. 39, dated 3 November 1998.

Part-time holders of public offices -

ACT Parole Board - Determination No. 40, dated 3 November 1998.

Full-time holders of public offices -

President of the Administrative Appeals Tribunal - Determination No. 41, dated 3 November 1998.

Debate resumed from 20 May 1998, on motion by Ms Tucker:

That this Bill be agreed to in principle.

MR SMYTH (Minister for Urban Services) (3.37): Mr Speaker, this Bill proposes provisions that empower the Supreme Court to deal with applications in relation to breaches of the Land (Planning and Environment) Act 1991, the Land Act, and the Heritage Objects Act 1991, the Heritage Act. Mr Speaker, Ms Tucker's Bill is a reflection of the Bill introduced into the Legislative Assembly by Ms Lucy Horodny in April 1997, which purported to implement recommendation 95 of the Stein inquiry; that is, to entitle any person to approach the Supreme Court to civilly enforce breaches of the Land Act without being required to establish common law standing. Ms Horodny's Bill was not supported by the previous Legislative Assembly because transparent and efficient appeal mechanisms already exist. Applications for review are considered by the Administrative Appeals Tribunal.

The Government's previous position has not changed, Mr Speaker. My colleague the Deputy Chief Minister, Mr Humphries, met with the ACT Greens last year and explained the Government's reasons. The removal of the open standing provisions in the AD(JR) Act 1989 was a consequence of the major amendments to the Land Act during 1996. The amendment ensured that decisions made under the Land Act were subject to the same standing provisions as decisions made under other Territory legislation.

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