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Legislative Assembly for the ACT: 2010 Week 1 Hansard (11 February) . . Page.. 313..


MS LE COUTEUR (continuing):

people trying to interpret this act, as the planning system is complicated enough without having additional areas of uncertainty. I was going to propose some questions around how this would fit in with the scenarios of an ACAT decision being internally appealed—that is, through ACAT. However, I understand this situation has probably become totally theoretical given the clauses set out in the Justice and Community Safety Legislation Amendment Bill introduced by the Attorney-General this morning—if it is passed. I had been wondering what would happen if a development was approved by ACAT and subsequently appealed and the decision was then reversed. But that may not occur in the future.

The next batch of clauses—that is, clauses 30 to 35 and 37—clarify when a development approval lapses. Using the term when the approval "takes effect"rather than the current "is given"reflects the previous batch of clarification clauses and allows for the fact that approval decisions are sometimes appealed and confirmed, or varied or substituted. Thus this small variation in wording also allows for extensions and appeals, which we support.

I was pleased to see that clause 59 ensures that land management agreements are linked to rural leases such that if the lease is transferred to the lessee's domestic partner or child, the land management agreement is also transferred. In general, if a rural lease is granted, varied or transferred, the land management agreement is connected with those actions.

There are also a large number of other fairly insignificant clauses which clarify areas of uncertainty or make fairly small improvements to the current act. They include when a development approval lapses; ensuring that the executive is satisfied that direct sales of land meet the relevant grant objectives; expanding the definitions of which entities leases can be transferred to, and under what conditions they can be; and ensuring that ACTPLA has expanded powers in relation to controlled activities.

In conclusion, we support this bill. We have a number of small reservations, some of which we will address through our own Planning and Development (Notifications and Review) Amendment Bill.

Debate interrupted in accordance with standing order 74 and the resumption of the debate made an order of the day for a later hour.

Sitting suspended from 12.31 to 2 pm.

Ministerial arrangements

MS GALLAGHER: For the information of members, the Chief Minister is unfortunately not able to be here for question time today due to family circumstances. I will take carriage of his portfolios as best I can.

Questions without notice

Home insulation program

MR SESELJA: My question is to the Attorney-General. Attorney, it has been reported that commonwealth department of environment officials held a phone


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