Page 3803 - Week 10 - Thursday, 27 August 2009
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This government has been unambiguous in its commitment to reforming the ACT planning and land administration system to make it simpler, faster and more effective. The Planning and Development Act allows modifications to be made to the act through regulation. This power exists for a limited transitional period only.
When I introduced the Planning and Development Bill back in 2008, I said that the government needed to have the capacity to make refinements expeditiously in the light of changing circumstances and with the benefit of having used the legislation in the field. The Assembly recognised this need for ongoing review at the time of passing the act by permitting the power to modify the act by regulation. Having monitored the effect of the act during its initial implementation phase and in consultation with agencies, industry and community groups, a number of act modifications were made by regulation. These were made in response to issues identified and to address emerging new government policy initiatives.
The modifications to the act made by regulation expire two years after the act’s commencement, which is 31 March 2010. Therefore, it has been necessary to review those act modifications made by regulation and identify those that need to be made permanent.
The purpose of the amendment bill is to make permanent those previous modifications that are necessary for the effective day-to-day operation of the act. The amendment bill is critical in order to maintain the existing operation of the act and contains no new substantive policy initiatives. Let me repeat, Madam Deputy Speaker: the amendment bill is critical in order to maintain the existing operation of the act and contains no new substantive policy initiatives.
The amendments made by this bill carry forward existing provisions, maintain existing policy intent and are largely technical in nature. The modifications ensure the Planning and Development Act works effectively to deliver simpler, faster and more effective planning processes for the Canberra community. The act modifications which are contained in this bill were made through seven regulations of which five to date have been examined by the scrutiny of bills committee.
Those regulations attracted no significant comment from the scrutiny of bills committee. The provisions have been in effect for a period of time with no reported detriment and they have all been placed before this Assembly. The majority of the provisions in the bill are a near literal translation of the provisions as they appear in the regulations. However, there are some minor variations for clarity and drafting purposes.
I now turn to the provisions of the bill. Clause 6 inserts a new section 131A in the act that determines how a development proposal for approval of a lease variation in a designated area must be assessed and dealt with under the act. The interrelationship of territory land and designation under commonwealth law is complex. A designated area means an area of land specified in the national capital plan under the commonwealth’s Australian Capital Territory (Planning and Land Management) Act 1988.
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