Page 1028 - Week 04 - Thursday, 1 April 1993
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LAND (PLANNING AND ENVIRONMENT) (CONSEQUENTIAL PROVISIONS)
(AMENDMENT) BILL 1993
MR WOOD (Minister for Education and Training, Minister for the Arts and Minister for the Environment, Land and Planning) (10.41): Madam Speaker, I present the Land (Planning and Environment) (Consequential Provisions) (Amendment) Bill 1993.
Title read by Clerk.
MR WOOD: I move:
That this Bill be agreed to in principle.
The Land (Planning and Environment) Act 1991, commonly known as the Land Act, introduced a new regime for dealing with planning, heritage, environment and land matters. The Land (Planning and Environment) (Consequential Provisions) Act 1991 complements the Land Act by repealing, amending or retaining pre-existing legislation as appropriate. In the period since the Land Act commenced, a number of issues have been raised in respect of the consequential provisions Act that need to be resolved so that the Land Act can operate effectively.
Section 25 of the consequential provisions Act saves a lease that was granted or continued before the Land Act commenced under repealed legislation. However, there have been occasions since the Land Act commenced on which the leases have been issued under repealed legislation. This occurred for a number of reasons. In some instances, it had been agreed that leases would be granted under repealed legislation as applications had been made before 2 April 1992, the commencement day of the Land Act.
Section 26 of the consequential provisions Act provides that, notwithstanding that legislation has been repealed, a repealed Act shall continue to apply in circumstances where an application was received but not determined before the Land Act commenced. It was also the case that on some occasions, as with private enterprise land development, a holding lease for an estate provided that subsequent leases for residential blocks would be granted under the now repealed City Area Leases Act 1936. In both cases, as such leases would not have been in force on or before 2 April 1992, they are not comprehended by section 25 and are therefore not subject to the Land Act. The present Bill resolves this problem by providing that all such leases shall either be granted or be taken to have been granted under the Land Act.
In addition, the Bill addresses the situation where the Commonwealth relinquishes control over national land after the Act came into effect. Such land then becomes Territory land, subject to the management objectives of the Territory. Leases over such land which would have been issued under Commonwealth laws need to be transferred, as it were, to Territory leases. The current procedures require the lessee to surrender the Commonwealth lease and be granted a lease under the Land Act. It would be administratively more effective to provide in the consequential provisions Act that such leases are taken to have been granted under the Land Act.
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