Page 2050 - Week 07 - Thursday, 23 August 2007
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MR BARR (Molonglo—Minister for Education and Training, Minister for Planning, Minister for Tourism, Sport and Recreation, Minister for Industrial Relations) (10.35): I will be opposing this clause [see schedule 1 at page 2065].
Clause 431 negatived.
Clauses 432 and 433, by leave, taken together and agreed to.
Proposed new clause 433A.
MR BARR (Molonglo—Minister for Education and Training, Minister for Planning, Minister for Tourism, Sport and Recreation, Minister for Industrial Relations) (10.36): I move amendment No 132 circulated in my name [see schedule 1 at page 2065].
This amendment inserts new clause 433A, which provides for existing lease and development conditions to be considered when assessing some development applications. New clause 433A requires the ACT Planning and Land Authority or the minister, if the minister has exercised the power to call in, to consider the requirements of any existing lease and development conditions applicable to the relevant land, if this is required by the territory plan and the development application is not in the code track.
This requirement applies for a period of five years, post commencement of the Planning and Development Act. There is no intention to make new lease and development conditions after the commencement of the Planning and Development Act and this function will be taken over by other instruments of the new territory plan, such as concept plans and estate development plans.
Proposed new clause 433A agreed to.
Clause 434 agreed to.
Clause 435.
MR BARR (Molonglo—Minister for Education and Training, Minister for Planning, Minister for Tourism, Sport and Recreation, Minister for Industrial Relations) (10.37): I move amendment No 133 circulated in my name [see schedule 1 at page 2065].
This amendment substitutes a new clause 435 (4) into the bill. The transitional clause 435 of the bill provides that existing rights to use land are not affected by anything in the bill, subject to what I am about to outline. However, an approval for use of land may be required if, after commencement of the Planning and Development Act, earthworks, building work, alteration, demolition or construction work is carried out on the land and such work is non-exempt from requiring development approval. This is the intended effect of revised 435 (4) in conjunction with new clause 132A (2) and 132A (3) that we discussed at amendment No 32. This means that the undertaking of construction, building and earthworks has the same implications for both new and existing leases.
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