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Legislative Assembly for the ACT: 2002 Week 11 Hansard (25 September) . . Page.. 3256 ..


The Assembly voted-

Ayes, 9 Noes, 5

Mr Berry Ms MacDonald Mr Cornwell

Mr Corbell Mr Stanhope Mrs Dunne

Ms Dundas Ms Tucker Mr Pratt

Ms Gallagher Mr Wood Mr Smyth

Mr Hargreaves Mr Stefaniak

Question so resolved in the affirmative.

Amendment agreed to.

MR SPEAKER: Mr Pratt, do you want to say anything further?

Mr Pratt: I think it would be pointless, Mr Speaker.

MR SPEAKER: Thank you, Mr Pratt. That was easily understood.

Motion, as amended, agreed to.

Land (Planning and Environment) Amendment Bill 2002

Debate resumed from 20 February 2002, on motion by Ms Tucker:

That this bill be agreed to in principle.

MR CORBELL (Minister for Education, Youth and Family Services, Minister for Planning and Minister for Industrial Relations) (5.35): Mr Speaker, the government generally supports the bill that Ms Tucker tabled in the Assembly earlier this year. The bill changes procedural requirements for the assessment of applications to make minor amendments to development approvals under section 247 of the land act and make decisions to approve applications notifiable to any person who objected to the proposal. The amendment proposed by Ms Tucker restricts the circumstances in which an amendment may be considered to be minor.

The bill reflects a twofold concern expressed from time to time by members of the community about the nature and extent of amendments, and these are changes with which the government largely agrees. In particular, the bill reflects concerns that decisions to amend approvals on the basis that the change is minor may, on occasion, meet with disagreement that the change is, in fact, minor and that, in some cases, a series of amendments that are minor if considered in isolation may have a significant cumulative effect.

Mr Speaker, the effect of the provisions of the bill can be summarised as follows. Clauses 1 to 3 are mechanical clauses, providing for the commencement of the amendments and the naming of the bill and the act being amended. Clause 4 makes an important change to one of the criteria for deciding whether a proposed amendment to an approval is minor. The existing provision, at paragraph 247 (2) (c) of the act, requires


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