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Legislative Assembly for the ACT: 2002 Week 14 Hansard (10 December) . . Page.. 4169 ..

MS TUCKER (8.58): The Greens will be supporting this amendment, but I think it does need to be looked at in conjunction with the amendments to clause 9. Obviously, that has been the centre of discussion here, particularly in relation to the statement of planning intent. It is now clear that the change to clause 9 and this amendment ensure that the statement of planning intent remains subordinate to the Territory Plan. As the Territory Plan can only be altered by the Assembly, I do not see any problem with the government having the opportunity to make clear what its general intentions are for its term in office.

Question put:

That Mr Corbell's amendment be agreed to.

The Assembly voted-

 	Ayes, 11  		Noes, 6

 Mr Berry  	Ms MacDonald  	Mr Cornwell
 Mr Corbell  	Mr Quinlan  	Mrs Dunne
 Mrs Cross  	Mr Stanhope  	Mr Humphries
 Ms Dundas  	Ms Tucker  	Mr Pratt
 Ms Gallagher  	Mr Wood  	Mr Smyth
 Mr Hargreaves    		Mr Stefaniak

Amendment agreed to.

Clause 8, as amended, agreed to.

Clause 9.

MR CORBELL (Minister for Education, Youth and Family Services, Minister for Planning and Minister for Industrial Relations) (9.03): Mr Speaker, I move amendment No 6 circulated in my name [see schedule 6 at page 4192].

This amendment omits the requirement in clause 9 that the Planning and Land Authority comply with the statement of planning intent. As I foreshadowed in the debate on the earlier amendment, following concern from other members that the statement of planning intent could override statutory planning functions, we have omitted the requirement that the statement of planning intent acts as a direction and must be complied with in full by the authority.

It is now a requirement that the authority take into account the statement in considering the exercising of its function. It becomes a matter that must be taken into consideration, rather than a direction to be complied with. We believe this clarifies the role of the statement of planning intent, as distinct from the directions powers also proposed in the bill.

Amendment agreed to.

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