Page 2468 - Week 07 - Wednesday, 17 June 2009
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in relation to the application of the Planning and Development Act, that should be incorporated into the Planning and Development Act. The act sets out a very clear process—and an accountability process.
It is interesting that the Liberals have brought on this motion today before even giving me the opportunity, through the accountability process that is built into the legislation—
Mr Smyth interjecting—
MR BARR: It is built into the legislation, Mr Speaker. I have the opportunity within three sitting days, subject to the scheduling of this place and the agreement of all parties, to schedule a time for me to present to the Assembly, in accordance with sections 161 and 162 of the act, my reasons for making the decisions I made.
Mr Smyth: It is not about the act.
MR BARR: So it is not about the act? So the act does not matter?
Mr Smyth: No; it is about standing order 258.
MR BARR: The act does not matter, according to the opposition. My fundamental point is that to have made an appearance before that committee in the middle of that decision-making process that is clearly set out with its own accountability mechanisms, which everyone agreed on less than 18 months ago—if we now believe as an Assembly that the call-in powers can be exercised only by the minister appearing before a committee, let us amend the act to that effect if that is the policy position, if that is the substantive policy position that is being proposed by those opposite.
In this context, it is interesting that I am regularly asked to use my call-in powers. Already in this term I have been asked to do so by the Greens in relation to a development near the Telopea Park school. Mr Coe has written to me only in the last week asking me to examine a development application. These sorts of requests for the use of call-in powers come regularly. Is it the expectation of the Assembly that I, as the minister, will appear before a committee each and every time to discuss my reasons for not calling in a particular development application?
Again, the leader of the opposition misunderstands the operation of the act. There are three stages, Mr Speaker. The first is the referral of documents for consideration, which I did on 29 May. The second stage is determining whether to call—for me to make the decision rather than the Planning and Land Authority, because there is under the act provision for the minister to call in the documents but then send them back to the authority. And then there is the determination, under the act, of a decision. I have made that decision. Within three sitting days, I must present to the Assembly the rationale behind that decision, the notice of the decision and all of the considerations, including the conditions that I put on the approval in response to the issues raised during the community consultation.
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