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Legislative Assembly for the ACT: 2007 Week 5 Hansard (31 May) . . Page.. 1285..


MR BARR (continuing):

Protection Authority, not the planning minister and the planning and land authority, would be responsible for the EIS or an inquiry process. For example, it is the Environment Protection Authority that is responsible for scoping the EIS. The environment protection regulation has been amended to refer to the updated terminology used in the new territory plan.

Amendments to the Gungahlin Drive Extension Authorisation Act 2004 make it clear that the repeal of the land act and the commencement of the Planning and Development Act do not affect the operation of this act. The Heritage Act 2004 and the Tree Protection Act 2005 amendments ensure consistency with the new development approval framework and referral entity processes in the Planning and Development Act.

The Land Titles Act 1925 is to be amended to establish new powers for the Registrar-General to keep and maintain a record of administrative interests. Administrative interests are not proprietary in nature, but are records of a decision or a notification made under territory legislation that affects a parcel of leased land. For example, the notification of a development approval under the Planning and Development Act would be notified and recorded as an administrative interest. Administrative interests are not about ownership and are legally independent of the land title and the indefeasibility attached to that title. The administrative interests register will operate in parallel with property interests recorded on the Torrens title register, creating a central repository for information relating to the land.

A new definition of territory lease to apply across all territory legislation has been inserted into the Legislation Act 2001. A territory lease means a lease granted under the Planning and Development Act or the Unit Titles Act, but does not include a sublease. This definition provides a clear distinction between leases granted by the territory and leases granted by the commonwealth. Both types of leases fall within the umbrella of a crown lease.

The Public Health Act 1997 amendments give the Minister for Health the power to declare that an impact track applies to a development proposal under the Planning and Development Act and sets out the circumstances in which this decision can be made. An application in the impact track must include an EIS. The amendments also give the Minister for Health the power to require a public inquiry into a development application in specified circumstances. If the Minister for Health makes this application, then the planning minister must establish the inquiry. Cognate amendments are being made to the Planning and Development Act to give effect to these changes.

Amendments are being made to the provisions of the Public Roads Act 1902 to clarify the circumstances in which the planning minister is able to close a part of a public road without public notification if it is only to include an encroachment onto an existing lease. The minor development criterion, a concept that no longer exists in the Planning and Development Act, has been replaced by clear requirements intended to maintain the use and amenity of the public road.

Finally, a number of miscellaneous amendments will be made to the Planning and Development Bill. These amendments include the correction of errors in the bill,


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