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Legislative Assembly for the ACT: 2007 Week 7 Hansard (23 August) . . Page.. 2061..


MR BARR (continuing):

The revised definition is necessary because the existing section 6 is expressed as applying to the installation of a telecommunications facility that is covered by a network plan approved under guidelines set under the Land (Planning and Environment) Regulations 1992. This regulation and the guidelines are repealed by the Planning and Development Bill. In future, network plans will be assessed as development applications under the Planning and Development Bill. The new amendment also includes a transitional provision to preserve the application of the Utilities (Telecommunication Installations) Act to installations covered by the one network plan that has already been approved under the old guidelines.

Finally, amendment 8 inserts an entirely new set of amendments into the bill, amendments 1.210 and 1.211 in a new part headed part 1.36 Water Resources Act 2007. The new amendment omits section 28 (6) (b) of the Water Resources Act 2007 and substitutes a new section 28 (6) (b).

Section 28 of the Water Resources Act makes it an offence to take water without the required licence. There are a number of exceptions to this. Section 28 (6) indicates that no offence is committed if the water is taken from a rainwater tank that is installed in accordance with an approval under the Planning and Development Act, if any such approval is required. The new section 28 (6) (b) inserted by this amendment is to make this section more clear. It indicates that no offence is committed if the water is taken from a rainwater tank that is authorised by development approval under the bill or if the tank is an exempt development under the Planning and Development Act.

The new amendment 1.211 is a transitional amendment. This amendment to section 204 of the Water Resources Act makes it clear that a reference to the Planning and Development Bill in the Water Resources Act includes a reference to the repealed Land (Planning and Environment) Act as it is in force at any time before its repeal.

Amendments agreed to.

Remainder of bill as a whole, as amended, agreed to.

Bill, as amended, agreed to.

Building Legislation Amendment Bill 2007

Debate resumed from 31 May 2007, on motion by Mr Barr:

That this bill be agreed to in principle.

MR SPEAKER: I remind members that on Tuesday we had a cognate debate with this and two other bills. I therefore propose now to put the question that the bill be agreed to in principle.

Question resolved in the affirmative.


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