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Legislative Assembly for the ACT: 2004 Week 05 Hansard (Tuesday, 25 May 2004) . . Page.. 2161 ..

That this bill be agreed to in principle.

The Assembly voted—

Question so resolved in the affirmative.

Bill agreed to in principle.

Detail stage

Clauses 1 to 4, by leave, taken together and agreed to.

Clause 5.

MS TUCKER (12.03): I move amendment No 1 circulated in my name [see schedule 1 at page 2176].

This amendment deals with the sweeping powers given to the minister under this act and it requires these sweeping powers to be not only disallowable but also provides that they do not come into force unless the disallowance period has expired or a disallowance motion has been defeated in the Assembly. It picks up on one of the propositions raised in the scrutiny report in relation to this clause that the Assembly’s affirmation should be sought for a minister’s decision to prescribe new activities or areas as part of the Gungahlin Drive extension in relation to this clause and to proposed new clause 6 (2).

Clause 5 defines the Gungahlin Drive extension with reference to relevant plans and planning reports. Clause 5 (2) empowers the minister with the discretion to unilaterally amend the plans with a notifiable instrument. My amendment in this case changes the notifiable instrument to a disallowable instrument, and in particular a disallowable instrument that does not come into force until and unless the disallowance period passes or a majority of the Assembly votes against a motion to disallow the change. It would instate some capacity for scrutiny in a way that avoids making irreversible mistakes.

In all these cases my amendment would mean some delay, but it is a defined delay and in the interests of getting it right. I think even people who support the road must see that this is an important safeguard. The normal disallowable instrument obviously can create a situation where there can be weeks pass before there is an opportunity for a debate in the Assembly and, obviously, with this kind of project a lot of destruction could occur over that period of time.

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