Legislative Assembly for the ACT: 2019 Week 5 Hansard (16 May) . . Page.. 1798 ..
include appropriate transitional provisions. The bill also makes a technical amendment to section 76 of the Planning and Development Act.
The third amendment to the Planning and Development Act is in relation to the ACT land rent scheme. The ACT land rent scheme permits people on low incomes to rent a land lease from the territory. This allows people on low incomes to become a home owner sooner, as they require a mortgage to purchase only the house and not the land lease. The home owner can later apply to the Planning and Land Authority to purchase the value of the land lease.
Currently, the applicant has unlimited time in which to pay the amount required. As the amount is calculated using the value of the property at the time of the decision, delay in paying the amount required can cause financial loss to the territory. The bill amends the Planning and Development Act to provide that, if the amount required to purchase the land lease has not been paid within 12 months from the date of the decision, the decision by the Planning and Land Authority to vary the lease is revoked. This will require the applicant to reapply for a new decision from the Planning and Land Authority.
The 12-month time limit balances two important aspects of the land rent scheme. The amendment minimises the risk of financial loss to the territory, which comes from the potential increase in the land value of the property. However, allowing the decision to remain valid for 12 months provides the low income home owner a reasonable chance to gather all necessary finances.
A further amendment is to the Planning and Development Act in relation to the de-concessionalisation of leases. This amendment ensures consistency of expiry provisions across lease variation charges and de-concessionalisation payments within the Planning and Development Act. The final amendment in the bill is to correct an inconsistency in the Stock Act 2005. The bill amends section 39 of the Stock Act to bring it into line with section 37 and to clarify that the director-general has the discretion whether or not to dispose of impounded stock if not claimed within 14 days.
In summary, this bill makes several amendments that will clarify and streamline the ACT's planning and environment laws. As I have mentioned, the amendments in the bill are wideranging, from enhancing enforcement capability for the Environment Protection Authority to clarifying and ensuring consistency in exemption provisions for owners of livestock who are operating under section 303 licences. While the amendments in the bill are minor in nature, the changes they make are a necessary and worthwhile improvement to the ACT's statute book. I commend the bill to the Assembly.
Debate (on motion by Mr Parton) adjourned to the next sitting.
Fisheries Legislation Amendment Bill 2019
Mr Gentleman, pursuant to notice, presented the bill, its explanatory statement, a Human Rights Act compatibility statement and a regulatory impact statement.
Title read by Clerk.