Page 4143 - Week 13 - Thursday, 14 December 2006
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For both existing and new leases, approved uses, uses that have commenced and exempt uses on a lease cannot become prohibited by a change in the territory plan. If the use has not been commenced and the territory plan prohibits that use, it will still be possible to commence that use but the impact assessable track will apply. If a use is exempt when it commences and approval is subsequently required under the territory plan, approval will not be required.
Uses on existing and new leases that are lawfully commenced cannot be abandoned. Lawfully commenced uses on a lease continue when a lease is renewed any time up to six months after its expiry.
Leases will continue to provide a clear statement of tenure rights and obligations. There will be a single streamlined process for granting leases and transparent criteria for granting and administering concessional leases. The government will continue to require a direct grant of a lease for specific community purposes. The process and criteria for direct grants have also been clarified.
Mr Speaker, reform options for infrastructure charging and for a codified change of use charge system are still being investigated. Separate consultations will be undertaken early in 2007 on this aspect. I anticipate that I will be able to announce a revised scheme soon after.
I would now like to turn to the issue of compliance. A number of reforms have been made to strengthen the compliance process. Penalties for undertaking development without the required approval have been substantially increased and revised to include specific and reckless intent as well as strict liability. There is also a new offence for undertaking prohibited development with similar penalties. Undertaking development contrary to development approval conditions is a strict liability offence.
A new complaints process permits anyone who believes a controlled activity is being conducted to make a complaint. The Planning and Land Authority must respond to the complaint and keep the complainant informed. The list of actions that constitute controlled activities has been reviewed and updated. The ability to apply to the authority for an order to stop or rectify a controlled activity remains. In more urgent cases, the authority can issue a prohibition notice that has immediate effect from the moment it is received.
I would now like to turn to the issue of the content of the territory plan. The review and restructure of the plan, like the proposed bill, is intended to cut through the clutter and also to remove the overly complex and cumbersome way in which the current plan controls operate. The restructured territory plan will consist of:
• a map that divides the ACT into “zones” for planning purposes;
• a statement of strategic directions that sets out planning principles to guide long-term planning in areas of national or regional as well as territory interest;
• policy objectives that apply to each zone,
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