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Legislative Assembly for the ACT: 2007 Week 5 Hansard (31 May) . . Page.. 1284..


Planning and Development (Consequential Amendments) Bill 2007

Mr Barr , pursuant to notice, presented the bill, its explanatory statement and a Human Rights Act compatibility statement.

Title read by Clerk.

MR BARR (Molonglo—Minister for Education and Training, Minister for Planning, Minister for Tourism, Sport and Recreation, Minister for Industrial Relations) (12.11): I move:

That this bill be agreed to in principle.

This bill is consequential upon the Planning and Development Bill 2006, tabled in December last year. The government intends to debate both bills in the August sitting period. The Planning and Development (Consequential Amendments) Bill makes primarily technical amendments to a range of territory legislation. These amendments update or substitute references to the land act, the land act regulations and the existing territory plan for references to the Planning and Development Act and the new territory plan.

The consequential amendments bill also makes amendments to territory legislation to implement the reforms contemplated by the Planning and Development Bill. Amendments of these types include the following. The Administrative Appeals Tribunal Act is amended to make it clear that individuals, corporations and community associations which have made a representation in relation to a development application can be joined as a party to proceedings before the tribunal relating to that development application.

The amendments also relate to the situation where there is a reconsideration of a decision on a development application by the ACT Planning and Land Authority while there is also an application for review of the decision pending in the AAT. In this situation, if the planning and land authority reconsiders the decision and substitutes a new decision, then it is the substitute decision that is the subject of review by the tribunal. Transitional provisions have also been added to this act relating to the requirements for the planning and land authority to lodge documents relating to a decision with the tribunal.

Amendments are being made to the Civil Law (Sale of Residential Property) Act 2003 to enable the continuation of energy efficiency ratings through guidelines issued by the ACT Planning and Land Authority. Amendments to the Environment Protection Act 1997 and the Environment Protection Regulation 2005 retain the ability of the environment minister to require an environmental impact statement into an activity that is the subject of an application for an environmental authorisation. These amendments also make it clear that the minister may establish a public inquiry into the activity following receipt of an EIS.

The procedures for the EIS and the public inquiry are set out in the Planning and Development Bill, except that the environment minister and the Environment


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