Page 4163 - Week 13 - Thursday, 27 November 2014
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to a streamlined development assessment process with shorter time frames and fewer requirements.
In Tasmania, the Governor declares a major development proposal to be a project of state significance under the State Policies and Projects Act 1993. The proposal must meet criteria such as making a significant contribution to the state’s economic development and infrastructure requirements, and there are no rights of appeal for projects of state significance.
The proposed limitations on third-party ACAT merit review are also not without precedent here in the ACT. In June 2014 the Planning and Development (Symonston Mental Health Facility) Amendment Act 2014 amended the Planning and Development Regulation to provide that development approvals for the secure mental health facility would not be subject to third-party ACAT merit review. The Planning and Development Regulation also removes third-party merit review from development in the city centre and town centres.
Delivery of the capital metro light rail project is a core commitment of the ACT government. It is a project of major significance to the territory and to the Canberra community. It is this government’s view that the proposed restrictions on review are necessary and appropriate. It will remove uncertainty and potential delays for this important initiative.
The bill also amends the Planning and Development Act to permit the Planning and Land Authority to make a declaration by notifiable instrument specifying development proposals that are related to light rail. The Planning and Land Authority will need to be satisfied that the proposal meets prescribed criteria with respect to light rail. The declaration will remove any doubt about which proposals are related to light rail, reduce the potential for legal disputes about the scope of the amendments and provide clarity about the applicable review rights for development proposals related to light rail. Furthermore, the Planning and Land Authority will not be able to make such a declaration unless satisfied that the development proposal does not in fact meet the criteria set out in the act meaning of “related to light rail”. The declaration will not be subject to third-party ACAT merit review or judicial review by the Supreme Court under the AD(JR) Act. A person will not be able to bring a proceeding to the Supreme Court under its common law jurisdiction with respect to the declaration more than 60 days after the day the declaration is made.
The bill also makes some amendments to the development assessment process itself. The bill proposes amendments to the Planning and Development Act to increase the ability for the decision-maker to depart from referral entity advice and approve a development proposal that is related to light rail if the implementation of the advice would risk significant delay, cost or impediment to the commencement or completion of development related to light rail. While the bill will increase the ability of the decision-maker to depart from referral entity advice, referral entities do retain the ability to comment on development proposals.
This measure will apply to advice from any referral entity, except in relation to a protected matter, including, for example, the Environment Protection Agency,
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