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Legislative Assembly for the ACT: 2010 Week 2 Hansard (25 February) . . Page.. 809..


(4) Under what delegations and which PALM/ACTPLA officers in (a) 1997-1998 and (b) 2002-2003 would have held that jurisdiction to allow the granting of approval or re-approval to be confirmed in the Administrative Appeals Tribunal as to the valid status of the approval referred to in part (3).

(5) Were Mr William Arthur Dagger and Mr Richard John Gallagher confirmed as holding the delegations under the Land Act as referred to in part (3) within the periods stated in part (4).

(6) During 1978 to 2003, what legislation empowered the officers, referred to in part (5), by "bringing forward"previous BDSO/BDSA approvals to be approved under section 230 or 245 of the Land Act.

Mr Barr: The answer to the member's question is as follows:

(1) The questions set out are directly related to ongoing litigation with the Territory. The relevant issues were determined in the cases of Gerondal v Minister for Planning (2003) ACT AAT 32 (30 June 2003) and Gerondal v Minister for Planning [2004] ACTSC 84 (17 August 2004).

(2) In substance the questions are asking for a legal opinion and enliven standing order 117(c)(iii) regarding questions seeking a legal opinion.

(3) I refer the member to the cases cited above. As a matter of courtesy I am responding to the member's question on this occasion, however, I will not continue to respond to further questions on this matter. The ACT Government Solicitor's Office is pursuing the costs of the Territory on this matter.

(4) I believe that it is not appropriate for Members of the Legislative Assembly to continue to litigate, or re-litigate, a particular case that is, and has been, the subject of legal proceedings before the Tribunals and Courts of the Territory.

Harrison display village—house energy efficiency ratings

(Question No 519)

Ms Le Couteur asked the Minister for Planning, upon notice, on 10 December 2009:

(1) Did the houses in the Harrison Display Village fail to meet the minimum energy efficiency rating standards when they were first audited.

(2) Did the auditing for the houses in the Harrison Display Village need to be repeated after the houses were brought to minimum energy efficiency rating standards.

Mr Barr: The answer to the member's question is as follows:

(1) No. When first audited, inconsistencies requiring further investigation were identified between the information in the energy efficiency rating report and the building as constructed in 4 of the houses in the Harrison Display Village. The development and building approval records for these buildings shows that 2 of these houses were approved during the transition period to the new 2006 standard, during which the requirement for the verification method was still 4 stars.


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