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Legislative Assembly for the ACT: 2002 Week 11 Hansard (26 September) . . Page.. 3287 ..

MR CORBELL (continuing):

Fourthly, the Planning and Land Authority will have a new power to reconsider its own decisions on development applications. This new function will enable the authority to engage in effective conflict resolution and revisit decisions in order to achieve better outcomes, to the benefit of the community, objectors and applicants, without resort to the formal Administrative Appeals Tribunal review process. I need to stress, Mr Speaker, that the power does not affect the right of a person to seek a review in the Administrative Appeals Tribunal. It is an additional function, not in substitution for the existing opportunities for review. It is important to reiterate that point.

Members of the Assembly will also note that part 3 of the act, heritage, is not being substantially amended. Part 3 is under separate review at this time and the government will come forward with amending legislation when that review is complete. Similarly, part 4 of the land act, which relates to environmental assessments and inquiries, is not being significantly amended. The bill does, however, include a note that the environment minister, as the minister responsible for administering part 4, may delegate functions to the Planning and Land Authority to perform the minister's functions.

Several acts and regulations are being amended by this bill to align with changes to the land act, particularly in respect of references to a planning authority and the transfer of certain functions to the new Planning and Land Authority. Mr Speaker, it will be important when members are considering and debating these amendments that their impact not be overstated. Many of the functional responsibilities under the land act and other legislation are being transferred to the new authority. However, the direction and review of policy will remain with the government, the Assembly, the executive and the minister, as currently provided.

The much debated call-in power under the land act will remain, but the minister will under these amendments be required to take into account advice received from the authority and the Planning and Land Council. When the minister gives the authority notice that a matter may be called in, the authority will not be able to proceed to make a decision. That notice will be a notifiable instrument. The change will add to my amendments to the act last year to make the exercise of the call-in power more accountable.

As I noted when I presented the Planning and Land Bill, the consequential amendments bill makes a very important change to the power to decide development applications. One serious weakness in the system to date has been that the decision maker has had very little scope to resolve the concerns of either objectors or applicants after a decision has been made, unless it is possible to make a minor amendment to an approval. That has forced a resolution of many matters in the AAT rather than through an agreed process prior to having to resort to the formal appeal mechanism through the AAT.

To address the situation, the bill adds sections 246 to 246C to the land act. Together, those sections will allow the authority, on application by the proponent, to reconsider a decision on a development application. Any objectors must be given an opportunity to comment on a proposed reconsideration, and those comments must be taken into account. It is important to note, Mr Speaker, that reconsideration of a decision may not result in a decision that would not have been possible in respect of the original application.

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