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Legislative Assembly for the ACT: 2012 Week 5 Hansard (3 May) . . Page.. 2059..


(2) What measures does the Government have in place to prevent conflicts of interest arising from the above outlined proponent commissioning of social impact assessments.

(3) How is it that lease purpose clauses are approved for concessional sites, when the lessees are unable to redevelop to those purposes without deconcessionalisation.

(4) What are the criteria the Treasurer would use for waiving any debt owing to the Territory as a part of any deconcessionalisation process and what role does the planning authority play in this.

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

(1) A Social Impact Assessment (SIA) is prepared by the proponent in the same way as an environmental impact assessment is prepared by the proponent. The SIA is a supporting document to the DA not dissimilar to a valuation report which is required to be submitted in support of certain development applications for lease variation. The SIA is independently reviewed by the planning and land authority.

(2) Conflict of interest is a matter for the proponent and the consultant to resolve. Consultants are bound by their own professional codes of conduct that deal with the issue of conflict of interest. However, if the Environment and Sustainable Development Directorate (ESDD) became concerned that a conflict of interest might exist, then ESDD would raise it with the proponent and this might result in the need for a new SIA to be prepared by an independent person.

(3) A variation to the purpose clause of a lease cannot be registered if the proposal is inconsistent with the concessional status of the lease. Therefore, although a DA may be lodged for assessment purposes, the approval would not take effect unless a separate application to remove the concessional status of the lease is also approved. These applications can be considered concurrently as one application or two separate applications but the decision would still not take effect unless and until the concessional status of the lease has been removed.

(4) The Treasurer is able to waive debt under section 131(a) of the Financial Management Act 1996 (the FMA). The FMA does not specify the criteria for the grant of waivers. Consideration is on a case by case basis and the criteria used for assessment of the application is that it should satisfy at least one of the following conditions:

* Government legislation, though properly applied is producing an unforseen and perverse outcome;

* the Territory has contributed through action or inaction of one of its agencies, to the liability for, or value of, the debt; or

* a fair or just result can be brought about only be a waiver of the debt.

Roads—Hindmarsh Drive (Question No 2216)

Mr Coe asked the Minister for Territory and Municipal Services, upon notice, on 29 March 2012 (redirected to the Attorney-General):


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