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Legislative Assembly for the ACT: 1993 Week 06 Hansard (Thursday, 20 May 1993) . . Page.. 1717 ..


MINISTER FOR THE ENVIRONMENT, LAND AND PLANNING

LEGISLATIVE ASSEMBLY QUESTION

QUESTION NO 695

Small Business Operations from Residences

MR CORNWELL - Asked the Minister for the Environment, Land and Planning - In relation to the granting of a section 10 under the City Area Leases Act 1936 (CALA) to permit the operation of a small business from a residence and the fee of $300 which must be submitted with the application for such permission:

(1) Is this fee refundable if the application is not successful. .

(2) What penalties exist for operators of businesses from residences without

permission under section 10.

(3) In 1992 how many (a) complaints were received; (b) warnings were given

or (c) prosecutions were made, in relation to (2).

(4) In 1992 how many (a) complaints were received, (b) warnings were given

or (c) prosecutions were made, because of breaches of conditions under

section 10 variance.

(5) In 1992 how many applications. were made for permission to operate a

small business from a residential address and how many of those were

successful.

(6)- Does the ,$300 fee apply to applications for businesses which will be

operated out of (a) privately owned premises and (b) ACT Housing Trust

owned premises.

MR WOOD - The answer to the Members questions are as follows:

(1) No, the fee is a discounted fee to cover the processing of an application

which occurs whether or not an application is successful.

(2) Businesses operating from residences without approval are investigated

when brought to the" Departments notice either by complaint or

application for order. Where a breach of the residential lease is

established and the resident or lessee fails to regularise the activity an

. order can be made pursuant to section 256 of :the .Land (Planning and

Environment) Act 1991. Where orders are breached the Act provides for

penalties of $5,000 for an individual and $25,000 for a corporation.

1717

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