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Legislative Assembly for the ACT: 2002 Week 11 Hansard (26 September) . . Page.. 3288 ..

MR CORBELL (continuing):

After the authority has reconsidered a development application, it must either confirm or vary the original decision and notify the applicant and any person who commented on either the original application or the application to reconsider the proposal. If a person is not satisfied with the new decision, they may exercise any right of appeal to the AAT that exists in relation to the new decision. The right is not affected by the authority's power to reconsider its decision.

Mr Speaker, the bill makes very few changes that relate to the making of orders. Members should note that the government has developed separate legislation which comprehensively reviews the enforcement provisions under the land act, most of which are not consequential upon passage of the Planning and Land Bill.

Members will be aware that this reform package includes a new proposal to review the appeals system for planning and development matters. Clearly, the required amendments to the AAT legislation are not appropriate for inclusion in this bill. The government is presenting separate legislation to give effect to its policies on planning appeals. This will be provided as an exposure draft for members and to the Standing Committee on Planning and the Environment for consideration as part of its inquiry into the operation of the Planning and Land Bill.

One further proposal remains to be mentioned, Mr Speaker. The Planning and Land Bill provides that its regulations will set out the kinds of proposals that are to be referred by the Planning and Land Authority to the Planning and Land Council for advice. While no such regulations are required until the bill is passed and commenced, I can advise members that I propose to table regulations that will require the reference of significant proposals that propose change to planning policy, may raise a policy issue or a policy interpretation issue, or may have a substantial impact on a locality.

There will be time enough to examine the details of the bill and its effects. As I have already noted, Mr Speaker, the Assembly determined on 22 August this year that the Planning and Land Bill should be referred to the Assembly's Standing Committee on Planning and Environment. At that time, I foreshadowed my intention to also refer the consequential amendments bill to the committee. For the purpose of better informing the committee, I will also provide an early draft of proposed regulations under the planning and land act, together with the bills, to assist the committee's deliberations.

In conjunction with the review of the operations of the planning appeals system, the Planning and Land Bill 2002, and this Planning and Land (Consequential Amendments) Bill, we have laid down the foundations for a stronger and more progressive planning and land system for the territory. I look forward to the committee's report in November. In the meantime, I wish to repeat to all members, and now also extend to the committee, my offer to provide information about and to discuss this opportunity to regenerate the territory's planning system and move it into a sustained period of strategic leadership in planning.

I commend the bill to the house.

Debate (on motion by Mrs Dunne ) adjourned to the next sitting.

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