Page 3677 - Week 12 - Tuesday, 27 October 2015
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The amendments replicate the previous legislative changes that have been agreed to by this place for affected properties or changes that are proposed for affected properties in the bill. Essentially, the amendments propose legislative changes that will enable eligible impacted properties to be treated on an equivalent basis to affected properties. The government amendments to the Building (Loose-Fill Asbestos Eradication) Legislation Amendment Bill 2015, as I have discussed previously, made changes to the Building Act, the Building and Construction and Industry Training Levy Act, the Land Rent Act and the Planning and Development Regulation but also the Residential Tenancies Act 1997, the Civil Law (Sale of Residential Property) Act 2003, the Electricity Feed-in (Renewable Energy Premium) Act 2008—
At 6 pm, in accordance with standing order 34, the debate was interrupted. The motion for the adjournment of the Assembly having been put and negatived, the debate was resumed.
MR BARR: As I was saying, the government amendments to the Building (Loose-fill Asbestos Eradication) Legislation Amendment Bill makes changes to the Building Act, the Building and Construction and Industry Training Levy Act, the Land Rent Act, the Planning and Development Regulation, the Residential Tenancies Act, the Civil Law (Sale of Residential Property) Act, the Electricity Feed-in (Renewable Energy Premium) Act and the Taxation Administration Regulation 2004. All of these amendments seek to provide the legislative basis for determining whether a property is an eligible impacted property and, therefore, eligible to opt in to the voluntary eligible impacted property buyback program.
By inserting a new section into the Civil Law (Sale of Residential Property) Act 2003 and under a proposed new section 9A that defines an eligible impacted property and the eligible impacted property buyback program, it also goes on—this perhaps will help the Leader of the Opposition with his previous remarks—to list considerations that may be taken into account when making such a determination. These are: whether the affected property and its neighbouring property are structurally dependent through sharing a structure; whether exchange or settlement has occurred on the affected property through the buyback program; whether loose-fill asbestos fibres have been detected in the property; or where the migration pathways have been clearly identified; whether the property presents an obstacle to the safe, efficient or practical demolition of the affected property; and any other relevant factors.
In establishing the provisions for eligible impacted properties to be treated equitably with affected properties, the amendments seek changes to the Civil Law (Sale of Residential Property) Act 2000. This act was previously amended to exempt owners of affected properties from having to provide certain documentation with the contract of sale, for example, such as energy efficiency ratings or pest reports. As the territory is purchasing these premises for the purpose of demolition, these additional documents are obviously not necessary. The amendments seek to grant the same exemption to owners who sell their eligible impacted properties to the territory.
The Residential Tenancies Act 1997 was amended to enable either landlords or tenants of affected properties to terminate a residential tenancy agreement without
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