Page 955 - Week 06 - Wednesday, 26 July 1989
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I share the concerns he has raised about the processes entailed here and can indicate that the Opposition will certainly support dealing with these issues as promptly as possible. But I think, with respect, that the Chief Minister's consideration of the legal position as to who performs this task is an insurmountable problem for this motion.
It is quite clear that, if the enabling legislation gives that task to the Government, it cannot be performed by any other body - not this Assembly, not a committee of this Assembly, not by anybody but the Government. So I go further than the Chief Minister in saying, as she does, that the establishment of this particular reference to the standing committee would be a duplication. It is more than that; it is quite ultra vires our capacity as an Assembly. I certainly hope that the issues are dealt with quickly and properly by the Government, and I hope this is a reminder to it not to avoid that task, but certainly we cannot as an opposition support the motion.
MR COLLAERY (12.21): Mr Speaker, this motion has been put forward by the Rally to push the Government along. A few minutes ago on the floor we suggested an amendment to the Government, pointing out that it was the Government's lawful responsibility to draw those drafting instructions. In fact, section 25 of the Australian Capital Territory (Planning and Land Management) Act says that "the Assembly shall" - the word "shall" is mandatory in law - "as soon as practicable make laws providing for", amongst other things, "establishing a Territory planning authority" and conferring the appropriate functions on the authority.
The challenge to the draftsman is not very great, I submit, Mr Speaker. It requires a referral piece of legislation, the model for which exists in several different forms in this Territory already and indeed in the interim Territory planning document itself.
We have been sitting here since 11 May and nothing has been done despite the ALP commitment in its election policy on planning.
Mr Whalan interjected.
MR COLLAERY: The commitment was that planning issues are probably "the most sensitive which the ACT Government will have to address". It goes on to state that "The ACT Labor Government will ensure that a planning committee of the Legislative Assembly will hold public hearings about all proposals to vary the plan of Canberra" and so on.
Now what have we seen, Mr Speaker? We see the development of section 19 sneaking up on us, even though Concrete Constructions - an Australia-wide, internationally-based company - has raised reservations about the piecemeal development of that sector of probably the most valuable and the most symbolic piece of real estate left in Australia.
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