Page 2027 - Week 07 - Thursday, 23 August 2007
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Clause 240.
MR SESELJA (Molonglo) (9.06): I move amendment No 14 circulated in my name [see schedule 2 at page 2099].
This is in line with our earlier omissions in relation to use as development.
MR BARR (Molonglo—Minister for Education and Training, Minister for Planning, Minister for Tourism, Sport and Recreation, Minister for Industrial Relations) (9.06): The government will be opposing this amendment, and I will be moving amendment 96 shortly.
Amendment negatived.
MR BARR (Molonglo—Minister for Education and Training, Minister for Planning, Minister for Tourism, Sport and Recreation, Minister for Industrial Relations) (9.07): I move amendment No 96 circulated in my name [see schedule 1 at page 2065].
Amendment 96 revises clause 240 (2) and (3) of the bill to specify that land may also be used for a home business as defined in new subclause (3) if the lease is a residential lease. Residential leases can be used for a home business, even if this is not a purpose authorised in the lease. New subclause 240 (3) defines “home business” as a profession, trade or other occupation carried out on the relevant land that is subject to a residential use by a resident of the land. This definition is aligned with the current definition of “home business” in the territory plan and the restructured territory plan.
The bill refers to concepts of home business and home occupation, the meaning of which is defined in regulation. Both can be undertaken on a residential lease, notwithstanding that the use is not authorised by the lease. Home occupation does not require a development approval but home business does. Amendments to clause 240 achieve the same result but in a more transparent manner. “Home business” is now defined in the bill rather than in the regulation. The concept of home occupation is to be replaced by an exemption regulation that exempts low-impact home business from requiring development approval. Other types of home businesses will require a development approval.
Amendment agreed to.
Clause 240, as amended, agreed to.
Clauses 241 to 245, by leave, taken together and agreed to.
Proposed new clause 245A.
MR BARR (Molonglo—Minister for Education and Training, Minister for Planning, Minister for Tourism, Sport and Recreation, Minister for Industrial Relations) (9.10): I move amendment No 97 circulated in my name [see schedule 1 at page 2065].
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