Page 1989 - Week 07 - Thursday, 23 August 2007
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Amendment 22 is to confirm that references to requirements of codes in clause 114 are references to the whole text of the code—that is, both the rules and criteria. The companion amendments are 23, 24, 25, 26 and 27 and they similarly confirm that references to requirements of codes in clause 114 are references to the whole text of the code.
Amendments agreed to.
Clause 114, as amended, agreed to.
Clause 115.
MR BARR (Molonglo—Minister for Education and Training, Minister for Planning, Minister for Tourism, Sport and Recreation, Minister for Industrial Relations) (5.30): I seek leave to move amendments Nos 28 and 29 circulated in my name together.
Leave granted.
MR BARR: I move amendment Nos 28 and 29 circulated in my name together [see schedule 1 at page 2065].
This amendment revises clause 115 of the bill to replace “relevant code requirements” with “relevant rules”. Again, the restructured territory plan refers to “relevant rules” instead of “relevant code requirements”. The companion amendments are 34, 155 and 156 to this amendment.
Amendments agreed to.
Clause 115, as amended, agreed to.
Clauses 116 to 119, by leave, taken together and agreed to.
Clause 120.
MR BARR (Molonglo—Minister for Education and Training, Minister for Planning, Minister for Tourism, Sport and Recreation, Minister for Industrial Relations) (5.32): I move amendment No 30 circulated in my name [see schedule 1 at page 2065].
Amendment 30 substitutes a new clause 120 in the bill. Clause 121 clarifies that “if a development proposal is in the merit track, the application for development approval for the proposal must be publicly notified under division 7.3.4”.
Clause 122 provides more detail in the bill about limitations on the right of review under chapter 13 in the bill in relation to a decision to approve an application for development approval for a proposal in the merit track. If there is a right of review under chapter 13, the right of review is only in relation to the decision, or part of the decision, to the extent that (a) the proposal is subject to a rule and does not comply with the rule, or (b) no rule applies to the proposal. Putting it another way—
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