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Legislative Assembly for the ACT: 2014 Week 11 Hansard (21 October) . .

Page.. 3382..


go ahead. While I note that some objections have not been addressed to the satisfaction of those making them, I did not consider that they warranted refusal of the development application for what will be a valuable facility.

The conditions I have imposed on the approval for this development include a track and bridge over Paddys River that gives access to block 241. It must be certified by a suitably qualified person as able to support emergency services vehicles up to 28 tonnes. An emergency and evacuation plan must be submitted to and endorsed by the ACT Emergency Services Agency prior to my approval of the development taking effect. Detailed flood modelling must be conducted to determine the one-in-100-year flood level of Paddys River within the vicinity of block 241 Paddys River.

The Planning and Development Act provides for specific criteria to be considered in relation to the exercise of the call-in power. I have used the ministerial call-in powers in this instance because I consider the application is ultimately a proposal that will provide substantial public benefit to the territory and, for the first time in our city, enable Aboriginal and Torres Strait Islander people to participate in a rehabilitation process that understands their unique spiritual, physical, cultural, social, emotional and economic needs at this facility. Importantly, this development will provide support to some of the most valuable members of our community and use of the call-in powers in this instance will enable the long-overdue construction of this development to begin.

Section 161(2) of the Planning and Development Act specifies that if I decide an application as minister, I must table a statement in the Legislative Assembly not later than three sitting days after the day of the decision. As required and for the benefit of members, I have tabled the statement which provides a description of the development, details of the land on which the development is proposed to take place and the name of the applicant, details of my decision on the application and the reasons for the decision.

Planning and Development Act 2007—variation No 319 to the territory plan

Paper and statement by minister

MR GENTLEMAN (Brindabella—Minister for Planning, Minister for Community Services, Minister for Workplace Safety and Industrial Relations, Minister for Children and Young People and Minister for Ageing): For the information of members I present the following paper:

Planning and Development Act, pursuant to subsection 79(1)—Approval of Variation No. 319 to the Territory Plan—Zone and overlay changes to public land in the Gungahlin District as a result of the Gungahlin Strategic Assessment Biodiversity Plan—Throsby, Jacka, Horse Park North, Taylor and Kinlyside, dated 13 October 2014, together with background papers, a copy of the summaries and reports, and a copy of any direction or report required.

I ask leave to make a statement in relation to the paper.

Leave granted.


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