Page 4161 - Week 13 - Thursday, 27 November 2014
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I would like to make it clear that this bill does not represent a significant overhaul of the planning and development assessment process. The amendments are project specific, and tailored to deliver a key priority of the government. While there will be some restrictions on rights of review, the development assessment process, including public notification, will still apply.
Amendments made by this bill will only apply to the construction of light rail tracks and associated infrastructure. Further, the associated infrastructure must be for the purpose of light rail and must be within or partly within one kilometre of the proposed light rail track. I would also note that clause 15 of the bill inserts a new definition in the dictionary of the act of the term “light rail”. This term is defined as a “system of transport for public passengers using lightweight rail and rolling stock”. So, taken together, there are quite specific parameters on the scope of this bill.
I will now refer more specifically to the operational measures contained in the bill.
The bill proposes certain minimal changes to the existing territory plan variation process in the Planning and Development Act 2007. The proposed changes are to allow construction work on the light rail project to proceed in a timely manner. The bill expedites the completion of territory plan variations necessary for the project if the minister is satisfied that a shorter period would minimise the risk of delay to the development of light rail.
Under the Planning and Development Act, the minister can refer a draft territory plan variation to an appropriate committee of the Legislative Assembly and ask the committee to report on the variation to the Assembly. If the committee does not report on the draft variation within six months, the minister may take further action with respect to the variation, including approving it for tabling in the Assembly.
The bill proposes a change to this process for variations related to the capital metro light rail project. Under the proposed amendments, the minister would be able to refer a draft territory plan variation to the relevant standing committee for report within a period of less than the standard six months but not less than three months. If the standing committee does not make its report within the shortened period, then the minister will be able to progress the draft variation by presenting it to the Legislative Assembly despite the fact that the standing committee report has not been completed. This ability to reduce the time is considered to be acceptable given the straightforward nature and confined scope of the proposed changes to the territory plan, and the importance of the capital metro light rail project.
The bill also proposes changes to the development assessment process to expedite the construction of the capital metro light rail project. The bill proposes some limitations on third-party merit review by the ACT Civil and Administrative Tribunal, or ACAT, and appeals to the Supreme Court.
Review processes through ACAT and the Supreme Court are important avenues for review and accountability. However, they can result, on occasion, in delay, uncertainty and costs for the proponent and the wider community. The delay can
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