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Legislative Assembly for the ACT: 2001 Week 4 Hansard (29 March) . . Page.. 1215..


MR WOOD (continuing):

into the forms of the debate, that is tough. And the closing speaker should close the debate, although it is very rare that we go beyond that.

Let us look at the times. Let us not constantly break the standing orders and seek extensions. If we think 10 minutes is unreasonable, let us do something about it. Preferably, do what I have done and finish about a minute early.

MR SPEAKER: Well said, Mr Wood.

Direction to review Territory Plan-residential land use policies

MR SMYTH (Minister for Urban Services, Minister for Business, Tourism and the Arts and Minister for Police and Emergency Services) (5.55): Mr Speaker, I table for the information of the Assembly a direction that I have given to the Planning Authority under section 37 of the land act. It relates to the motion passed in the Assembly last night on ACTCode 2. I present the following paper:

Land (Planning and Environment) Act, pursuant to section 37-Direction to review the Territory Plan relating to its proposed Draft Variation to the Residential Land Use Policies of the Territory-

Direction, dated 29 March 2001

I also table a letter to the Planning Authority which I signed this afternoon and which has been delivered to the Planning Authority. I present the following paper:

Copy of letter from the Minister for Urban Services to the Executive Director, Planning and Land Management, Department of Urban Services, dated 29 March 2001.

I indicated to the Planning Authority at the earliest possible time that it was my intention to issue a direction. Unfortunately, because of the late hour at which the motion was passed last night, it was not possible to prevent the publication of the Gazette this morning on the web site of the printer, which is standard procedure as a backup to the publishing of the Gazette on the ACT government's web site. I was advised that while the Gazette was subsequently removed from the web site the Gazette had in fact been published and therefore had started the period of interim effect of draft variation 125. Revocation of the notice under section 19 is now the only way to prevent the draft variation from having interim effect.

As I stated in an answer to Mr Corbell this afternoon, I sought legal advice on the powers of direction contained in section 37 of the land act. I was advised that neither the ACT government nor I as the responsible minister has the power to direct the Planning Authority to revoke the gazettal of the notice of the draft variation that the authority is required to do under section 19 of the land act. As a result of this advice, I have issued a direction under section 37 directing the Planning Authority to review the Territory Plan, in particular to examine its proposed draft variation to the residential land use policies of the Territory Plan, by undertaking a three-month public consultation on the details of the proposed policies for residential development in the ACT and the proposed ACTCode of residential development and to provide the outcome of the consultation to the executive so as to enable the executive to provide a response.


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