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Legislative Assembly for the ACT: 2004 Week 09 Hansard (Tuesday, 17 August 2004) . . Page.. 3777 ..

Amendments 1.1 to 1.22, by leave, taken together and agreed to.

Proposed new amendment 1.22A.

MRS DUNNE (8.49): I move amendment No 2 circulated in my name on the green paper that inserts a proposed new amendment 1.22A [see schedule 5 at page 3812]. I refer to section 193, part 5 of the Land Act and to the subdivision relating to the management of public land. This amendment will add another category of reserved areas. It will add a heritage area to the list of existing reserves. Let us take, for example, a suburb in Gungahlin where it has been identified that some heritage needs to be maintained. Usually that heritage is incorporated in some way into a park or some other element of urban open space.

However, in the future somebody could build a tennis court on that site or place a barbecue on it. This is an issue of concern for the indigenous community because indigenous heritage is sometimes not as obvious as built European heritage. There is a concern that it may not be as well protected as it could be. The insertion of a further definition of what is reserved land and the incorporation of a heritage area gives planners, heritage people and land managers another tool for managing heritage places.

MR WOOD (Minister for Disability, Housing and Community Services, Minister for Urban Services, Minister for Police and Emergency Services, Minister for Arts and Heritage, and Acting Minister for Health) (8.51): The government agrees to and supports this amendment. However, I make the point that it does not clarify what has to happen in such a circumstance. It will probably be necessary to amend the Land Act in the future.

Proposed new amendment 1.22A agreed to.

Amendments 1.23 to 1.30, by leave, taken together and agreed to.

Amendment 1.31.

MR WOOD (Minister for Disability, Housing and Community Services, Minister for Urban Services, Minister for Police and Emergency Services, Minister for Arts and Heritage, and Acting Minister for Health) (8.51): I seek leave to move amendments Nos 36 to 38 circulated in my name together.

Leave granted.

MR WOOD: I move amendments Nos 36 to 38 circulated in my name together [see schedule 3 at page 3803]. Amendment No 36 clarifies that the council is to give its advice to the ACT Planning Authority on a development application within 15 working days. So the authority has to give clear notice of the fact that it has received a development application relating to a heritage place. That provision reflects the obligation of council under clause 58. Amendment 37 clarifies that the decision-maker for a development application may make a decision that does not follow the advice provided by the Heritage Council, but that can only be done in the circumstances that are set out.

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