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Legislative Assembly for the ACT: 2003 Week 7 Hansard (26 June) . . Page.. 2615 ..
MS DUNDAS
(continuing):amendments I am moving today, which go to the independence of the Planning and Land Authority, as well as clear lines of responsibility for the implementation of compliance laws.
The ACT Democrats went to the last election with a clear commitment to support and protect the independence of the Planning and Land Authority. This bill currently gives the planning authority the power to make orders on its own initiative, but does not revoke them from the executive. This means the authority is not operating independently of the executive and can be overruled by decisions of the executive.
It is also noted that an order made by the executive is not appealable to the AAT, but may be challenged in the Supreme Court. I believe it is unwise to duplicate a power between an administrative body and a political office, especially for decisions which are administrative in nature.
From my discussions with officers from PALM and the Department of Urban Services, it is not intended t these powers be used generally by the executive as in all previous cases of executive orders being made, such as the Transgrid decision or the protection of heritage in Red Hill. The authority would now be empowered to make orders under this legislation and no longer require an executive order.
However, should circumstances arise where the minister needs to direct the Planning and Land Authority to make an order, the minister is still able to direct the Planning and Land Authority to do so under the more transparent processes outlined in the Planning and Land Act.
My amendments remove these powers from the executive and place them firmly with the Planning and Land Authority, to be implemented administratively with full appeal rights, without any political interference. I commend them to the Assembly.
Amendment agreed to.
MS DUNDAS
(5.52): I seek leave to move amendments 2 to 13 circulated in my name together.Leave granted.
MS DUNDAS
: I move amendments 2 to 13 circulated in my name [see schedule 4 at page 2670].The rationale for these amendments is the same as I have previously mentioned. They are mostly consequential and principally do the same thing. I mention specifically my amendment No 10, which removes the ability of the executive to direct people to undertake rectification work in relation to a controlled activity. The ability to direct rectification work will remain with the Planning and Land Authority. I mention that because it is important for the purpose of the next amendment I will move, which is an amendment to the minister's amendment.
MR CORBELL
(Minister for Health and Minister for Planning) (5.53): I will speak briefly, to indicate that the government will be supporting Ms Dundas' amendments.
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