Page 1993 - Week 07 - Thursday, 23 August 2007
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MR SESELJA (Molonglo) (5.43): If I could, Mr Speaker.
MR SPEAKER: Sure.
MR SESELJA: I did mention the “gang of nine”. For the record, because Hansard would not understand what I am talking about, I would like to say who the “gang of nine” are—I have a press release here—the ACT Law Society; the Canberra Business Council; the Housing Industry Association; the Master Builders Association of the ACT; the Property Council of Australia; the Planning Institute of Australia, Australian Capital Territory division; the Australian Property Institute; the Real Estate Institute of the ACT; and the Royal Australian Institute of Architects.
The significance of that, in particular, is the Law Society coming out. Whilst the Chief Minister and members of this government might write off some of these groups, unfairly in our opinion, as coming from a particular perspective or siding with the Liberal Party or whatever it is, I do not think that anyone could say that the ACT Law Society is generally backing the Liberal Party. I understand that it is unprecedented for the ACT Law Society to come out in the way they have on an issue before a territory parliament. The only reason they have come out like that is that they believe it is a bad law. They believe it is actually going to undermine our crown leasehold system.
Mr Speaker, with the indulgence of the Assembly I would just like to read what was said in the press release put out by the “group of nine” concerned groups:
The ACT Government will soon be considering amendments to the Planning and Development Bill. While industry groups have been generally pleased to see that those amendments reflect some changes based on our concerns, the controversial “use as development” concept remains.
The ACT Crown lease system has long been regarded as embodying the basic land rights of ACT landowners.
“The Crown lease determines the purposes for which land in the ACT can be used. A lessee can apply to vary these uses, but doesn’t currently need to apply for further approval for activities on land that are consistent with the use contained in the lease.” said John Miller, Executive Director, Master Builders Association of the ACT.
Under the new proposed Planning and Development Bill a Crown lessee will not be able to erect or alter a building or structure on that land without development approval to confirm that the “use” is allowable.
Various exemptions will apply. However, the amendment brings into question the fundamental certainty of the Crown lease.
“If the Act is amended as proposed, a Crown lessee won’t be able to assume that a use which is included in the lease will be permissible in future. A Crown lease will no longer be a definitive statement of the permitted land uses.” said Catherine Carter, Executive Director of the Property Council of Australia (ACT).
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