Page 358 - Week 02 - Tuesday, 12 February 2013
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The bill broadens the conditions under which the decision-maker can grant permits, and under the new legislation there is discretion for a decision-maker not to review a permit. This decision will be reviewable in the ACT Civil and Administrative Tribunal. The former legislation made renewal mandatory even when there had been a change in circumstances. This proved problematic for permit holders and for the enforcement of permits—for example, in some circumstances safety concerns were generated by changed circumstances. The intention is not to ensure that permits are renewed as a matter of course where the person and activity remain suitable.
Many people, including corporations, who currently utilise permits to use public unleased land will not be substantially affected by changes in the new act. However, a number of reforms will impact upon ongoing permit holders, and I will take the opportunity to outline a few of these.
The bill will allow for the transfer of permits to a new permit holder. This reform has been sought by businesses which use public unleased land on an ongoing basis for purposes such as outdoor cafes or to display goods such as motor vehicles. A permit can now be transferred with the sale of business on application by the permit holder if the transferee meets the requirements of the act.
The bill extends the length of a permit from one year to two. The business associations, including the Motor Trades Association, the Hotels Association and the Canberra Business Council, have welcomed the extended permit duration from the current 12 months to two years. This will provide certainty for businesses and reduce the administrative burden in renewing a permit on an annual basis.
The current act lacks effective enforcement provisions, which is addressed in the bill by incorporating a number of strict liability offences and accompanying penalty notices. Section 14 covers repair of damage to public places, such as damage other than fair wear and tear due to the ordinary and reasonable use of the public place.
The type of damage incurred is often through illegal parking of cars and heavy vehicles on nature strips and damage to infrastructure by event organisers. The costs for repair and maintenance are generally absorbed by the ACT government. The bill will enable the government to claim more easily the costs and ensure compliance. For example, up-front financial assurance, especially for larger events, and infringement notices will effectively address illegal parking and offence provisions. The enforcement mechanisms provide authorised officers with a range of powers, including the power to give directions to people using public unleased land.
As you can see, the heavy emphasis on rewriting this legislation has been in improving the permit system that allows the exclusive use of unleased land. Other subject matters covered by the bill, such as the pruning of trees that overhang public unleased land or the closing of roads, have not changed substantially.
This bill is about improving compliance for the benefit of the wider community. If somebody is going to be granted the exclusive use of what is effectively a public area, why should they be allowed to do so without consideration of the cost and damage
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