Page 262 - Week 01 - Thursday, 29 November 2012
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The Public Unleased Land Bill addresses these issues and creates a more modern and responsive permit system to authorise the use of public unleased land. This will provide greater assurance to applicants in formalising their use of public unleased land, reduce red tape for businesses and facilitate the use of public spaces.
The Public Unleased Land Bill authorises the use of public land by a person or business for an activity or event, rather than merely the placement of objects. These activities can range from placing a sandwich board on a footpath outside a shop to major events such as the Multicultural Festival.
It is important to note, however, that the issuing of a permit to use public unleased land does not automatically mean that an event or activity has been “approved” by the territory. There are other legislative requirements that must be taken into consideration when dealing with events, particularly large events, and I wish to emphasise the point that permits merely authorise the use of land.
The bill introduces further amendments to the regulation of public land to assist business. A major reform for which business owners have been asking is the ability to transfer existing permits with the sale of their business—for example, the sale of a cafe with outdoor eating space or display of goods such as motor vehicles on a verge.
With the passage of this legislation, a permit will be able to be transferred upon the sale of a business by application by the permit holder. The bill will also provide greater certainty for businesses by allowing them to apply to have their permit for the use of public unleased land extended to two years from the current 12-month term, reducing the red tape of having to renew permits annually.
In addition, this bill controls the activities that can be undertaken in public places and the conditions under which the activities can occur. The bill balances the competing pressures on public land, while ensuring that both safety and amenity are maintained and the fair use of public land by all Canberrans.
The reforms in this bill also authorise the issuing of permits and approvals for the exclusive use by a permit holder; that is, permits that exclude all other people from use of a public space while the permit holder is using it. It is envisaged that these permits will be issued for events such as weddings or private parties, and will encourage greater use of Canberra’s parks and public spaces for such ceremonies and events.
The permit system will work to ensure that unleased land remains undamaged and protected from unauthorised interference, so that it can be enjoyed and accessed appropriately by everyone in the community. It also ensures that activities are undertaken safely and with minimal interference to other people.
Of course, most activities on public land will not require a permit at all. It is only for those uses or activities that somehow exclude other members of the public from their use or enjoyment of a space that will require a permit. While the bill will revamp the
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