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Legislative Assembly for the ACT: Week 5 Hansard (4 May) . . Page.. 1700..


Statement by Speaker

MR SPEAKER: On 1 April, Mr Smyth gave written notice of a possible breach of privilege concerning certain comments made in the chamber by Mrs Cross. Mr Smyth queried whether comments made by Mrs Cross in relation to the censure motion moved against Mrs Dunne and Mrs Cross's intention to amend the motion if Mrs Dunne resigned her position as chair of the Standing Committee on Planning and Environment constituted a contempt and was therefore a matter of privilege. For the information of members I present:

A copy of letter from Mr Smyth's to the Speaker, dated 1 April 2004.

Under the provisions of standing order 71 I must determine, as soon as practicable, whether or not the matter merits precedence over other business. If, in my opinion, the matter does merit precedence I must inform the Assembly of the decision and the member who raised the matter may move a motion without notice and forthwith refer the matter to a select committee appointed by the Assembly for that purpose. If, in my opinion, the matter does not merit precedence I must inform the member in writing and may also inform the Assembly of the decision. I am not required to judge whether there has been a breach of privilege or a contempt of the Assembly; I can only judge whether the matter merits precedence. I have considered the matter and have concluded that the matter does not merit precedence. I wrote to Mr Smyth on 15 April 2004 informing him of my decision.

Land (Planning and Environment) Amendment Regulations 2004 (No 1)

Paper and statement by minister

MR WOOD (Minister for Disability, Housing and Community Services, Minister for Urban Services, Minister for Police and Emergency Services, and Minister for Arts and Heritage): For the information of members I present the following paper:

Land (Planning and Environment) Act-Land (Planning and Environment) Amendment Regulations 2004 (No 1)-Subordinate Law SL2004-12 (including an explanatory statement) (LR, 29 April 2004).

I seek leave to make a statement.

Leave granted.

MR WOOD: The government is committed to building Gungahlin Drive extension. On 14 April, Mr Corbell advised that the government would appeal the Supreme Court's recent decision on Gungahlin Drive extension and concurrently make new regulations to clarify the existing law. These amending regulations under the Land (Planning and Environment) Act 1991 make clear that there is generally no requirement for the ACT Planning and Land Authority to: duplicate National Capital Authority planning approval requirements in designated areas; clarify the intent of the exercise of the call-in power; clarify that development applications related to the Gungahlin Drive extension are not

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