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Legislative Assembly for the ACT: 2004 Week 05 Hansard (Tuesday, 4 May 2004) . . Page.. 1701 ..

subject to review processes initiated by objectors and third parties; and provide sunset clauses for GDE-specific provisions of the regulations.

These regulatory changes provide certainty by clearly identifying the responsibilities of the territory and the National Capital Authority for works in designated areas and clarifying the intent of the minister’s decision-making powers. The anomalies identified in the Supreme Court decision of Justice Crispin on 30 March 2004 have been addressed so we can return to the accepted and long-held understanding of the planning responsibilities. This view is reflected in a letter the government received from the federal minister for territories last week. Senator Campbell says:

The shared understanding of the Commonwealth and Territory has been that Territory development approvals are not required in designated areas. I understand that Justice Crispin has held otherwise. The result is that both Commonwealth and Territory development approvals can be required in designated areas.

The application of dual planning controls in designated areas is an unsatisfactory and unworkable situation for all concerned, not just the Commonwealth and the Territory planning authorities but also proponents of developments.

I am concerned that action be taken to reverse the general impact of the decision of Justice Crispin and to ensure that the relevant legislation fairly reflects the long agreed position of the Commonwealth and the ACT. It seems to me the most ready means by which this could be achieved is for the Territory to appropriately amend the regulations under its planning legislation to make clear that Territory development approvals are not required in designated areas.

I note from a recent press report that you intend to pursue this course of action and I urge you to consider making such amendments to the regulations as soon as possible, even if the Territory chooses to pursue an appeal. Appropriate amendments to the regulations should deliver a more certain and speedier solution to the general problem.

Thank you Senator Campbell. The amendments to the regulations now tabled clear the way for work on the road to proceed once the work is approved, without the possibility of reviews by third parties and objectors. After more than 20 years of planning and seven years of debate this road must be built. This is an important piece of public infrastructure and, along with the government’s significant investment to improve public transport in Canberra, it is an important part of addressing Canberra’s transport requirements. This is more than just a road. The GDE is a transportation corridor for buses, bicycles and cars and an integral part of the government’s sustainable transport plan for the ACT.

Suspension of standing and temporary orders

Motion (by Mr Wood) agreed to, with the concurrence of an absolute majority:

That so much of standing and temporary orders be suspended as would prevent:

(a) any business before the Assembly at 3 pm this day being interrupted to allow the Treasurer to be called on forthwith to present the Appropriation Bill 2004-2005;

(b) (i) questions without notice concluding at the time of interruption; or

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