Page 615 - Week 02 - Thursday, 20 March 2014
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This must be done through the public consultation and Assembly consideration processes I referred to earlier. The creation of the special precinct area sets up a number of efficiencies in terms of the territory plan variation process. Firstly, the process for creating the special precinct area will, itself, be able to include any territory plan variations considered necessary for facilitating the development of the identified area. This process will be able to be completed in around two months, faster than the standard six to 18 month process for standard territory plan variations.
Any territory plan variations that are found to be necessary after the creation of the special precinct area will also be able to be progressed quickly through a 20 day public consultation process which is, again, faster than the standard process. Importantly, the special precinct area involves other efficiencies. Development approvals for projects within the special precinct area will not be subject to merit review in the Civil and Administrative Tribunal. Neither the proponent nor a third party will be able to challenge a development approval decision on a merits review basis.
The only avenue for challenge on such matters will be the Supreme Court under the Administrative Decisions (Judicial Review) Act or the common law and then only on questions of law or procedure. This is done to ensure as far as appropriate that proposals in the area are not delayed through litigation and the approved decisions are final and not able to be varied.
There is one further efficiency in relation to this process. The special precinct area process will be able to include what the bill refers to as a restriction declaration. The bill inserts new division 5.3A.3 into the Planning and Development Act. This new division establishes a process for making restriction declarations. The draft restriction declaration will be able to propose that the application of the Heritage Act and the Tree Protection Act have no application for the processing assessment or granting of development approvals in specified circumstances. Such a proposal must be forwarded to the Heritage Council and Conservator of Flora and Fauna for comment and those comments must be conveyed to the territory executive and the Assembly.
I note that under the bill this restriction process cannot apply to existing registered trees under the Tree Protection Act and any associated declared sites. These matters are unaffected by the proposed restriction provisions. The restrictions will also have the effect that the Heritage Council and the Conservator of Flora and Fauna will not be able to progress nominations for registrations in the nominated areas.
This restriction will apply from the moment the proposal is released for public comment. This is necessary to ensure that the practical effectiveness of the restriction is not able to be undermined by nominations to the heritage register or applications for registration of trees made immediately after the restriction declaration is publicly released. These measures ensure that specified projects within the priority area are not able to be held up permanently or for long periods under other acts. This measure is in keeping with the priority nature of the special precinct area.
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