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Legislative Assembly for the ACT: 2014 Week 4 Hansard (6 May) . . Page.. 1058..

MR COE (Ginninderra) (11.36): The opposition has some serious concerns about this bill—in particular, about clause 18, which limits the ability for a development proponent to modify a development which is under construction without the need for an application to amend the approved plans. From what I understand, what this bill will do will mean that even if a window has to be moved as little as 50 millimetres to align with bricks or something like that, a revised DA will need to go in.

This may well be the intention of the government, but, if it is, it is indeed significant. I think it would be appropriate that it not be included in an omnibus bill, as it has been, and also that industry should be consulted. I understand that the HIA and MBA were not aware of this change, nor of the impact it would have on their members. I note that Mr Corbell, Mr Rattenbury and I have received an email from the MBA saying that they would like more consultation on this issue. As such, I am moving that the bill be adjourned.

MADAM DEPUTY SPEAKER: Mr Coe, somebody else would need to do that.

Debate (on motion by Mr Smyth) adjourned.

Rail Safety National Law (ACT) Bill 2014

Debate resumed from 27 February 2014, on motion by Mr Corbell:

That this bill be agreed to in principle.

MR COE (Ginninderra) (11.38): The opposition will be supporting the Rail Safety National Law (ACT) Bill 2014. Whilst the ACT does not have a substantial rail system like many states in Australia, this legislation nonetheless introduces important provisions for rail safety. It also ensures that the ACT has provisions which are in line with other jurisdictions.

The legislation is an important outcome of the national partnership agreement to deliver a seamless national economy. Under the COAG agreement the National Rail Safety Regulator has been established to administer the Rail Safety National Law. The national law and the regulator were both set up in South Australia. Although other states and territories will have local offices of the regulator, the ACT's small-scale rail operations will be overseen by the regulator in Adelaide.

The national rail safety law covers many key areas as set out in the explanatory statement and the minister's presentation speech. These include: general duties that apply to responsible parties along with the statutory recognition of shared responsibility for rail safety; risk management criteria based on the requirement to ensure, so far as is reasonably practicable, that rail operations are safe; detailed requirements for the development and contents of safety management systems; clear criteria for the accreditation of rail infrastructure managers and rolling stock operators, and the registration of managers of private sidings; requirements for consultation and communication, particularly when planning a change to railway operations; a hierarchy of sanctions and penalties where breaches of rail safety requirements occur;

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