Page 1803 - Week 07 - Tuesday, 21 August 2007
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .
MR BARR: I move amendments Nos 2 to 5 circulated in my name together [see schedule 2 at page 1811].
Amendment No 2 omits paragraphs—
Members interjecting—
MR SPEAKER: Order! I cannot hear Mr Barr. If members want to do some lobbying they should go to the lobby.
MR BARR: Amendment No 2 omits paragraphs (e) and (f) of clause 7. Paragraph 7 (e) and (f) are no longer required because development in clause 7 includes use as defined in the new clause 7 (a) inserted by amendment No 6. Amendment No 3 substitutes new paragraphs (g) and (h) in clause 7, which amend the definition of “development”. New paragraph (g) will simplify language. The reference to lease variation in this clause is not necessary. That is because lease variation is defined in the new global definition of lease variation inserted into the bill’s dictionary by amendment No 160.
This definition of lease variation includes subdivision other than under the Unit Titles Act and consolidation. The terms “subdivision” and “consolidation” are defined for the purposes of this section in amendment No 5. New paragraph (h) will simplify language. It is not necessary for paragraph (h) on lease variation to refer to the surrender of the lease because this concept is incorporated into the new global definition of lease variation inserted into the bill’s dictionary by amendment No 160.
Amendment No 4 omits clause 7 paragraph (i) in order to amend the definition of “development” by deleting the reference to varying a lease to lift its concessional status. This removes duplication because varying a lease is now part of the definition of development. Amendment No 160 inserts a new definition of lease variation into the dictionary.
Finally, amendment No 5 inserts a new clause 7 (2) to provide a cross-reference to the definition of consolidation in clause 226 and a definition of “subdivision” for clause 7. This amendment clarifies that the clause 7 definition of “development” includes subdivision and the subdivision includes a subdivision of land under the Unit Titles Act 2001 but does not include subletting of a lease.
It should be noted that the new definition of “variation of a lease” in the dictionary inserted by amendment No 160 includes subdivision other than subdivision under the Unit Titles Act 2001, and this is because it is not appropriate for development approval and related mechanisms in connection with the lease variations to apply to unit titling, as this is dealt with under the Unit Titles Act 2001. The construction of multi-unit developments, as opposed to unit titling, still requires development approval under the bill.
Amendments agreed to.
Clause 7, as amended, agreed to.
Proposed new clause 7A.
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .