Page 2584 - Week 09 - Wednesday, 24 August 1994
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received before the Land (Planning and Environment) Act 1991 commenced to be processed under old leasing legislation. The Government supports this initiative. It would seem to be an appropriate time to draw to a close the ability to vary a lease outside the provisions of the Land Act. I hasten to add that there are only some 30 known applications that are still being processed in this way.
Ms Szuty's proposal offers these applicants the opportunity to resolve any outstanding issues that they may have and to finalise their applications by 30 June 1995. Ms Szuty suggests that at that time the application be taken to be an application made under the Land Act. It is considered, however, that if the application has not been finalised by that time the application should be deemed to be refused. This makes the break clear and gives the applicant the opportunity to apply under the Land Act if they wish to pursue the lease variation. If an application is deemed to have been made under the Land Act, it is not clear at which stage of the process the application has entered the approvals process.
My department will undertake a program of informing applicants of the implications of this Bill, should it be agreed to by this Assembly. Applicants will be advised by letter and there will be public notices placed in the local newspapers. I will be moving an amendment shortly. I understand that it has all been agreed to.
MR CORNWELL (11.53): The Liberal Party also supports this amendment Bill introduced by Ms Szuty. I believe that it is rather timely, in view of the events of last weekend and the concern out there in the community in relation to the whole question of leases and lease variations. I think it is appropriate to quote these words from the explanatory memorandum:
There is growing community concern that lease variations are still being processed by the Department of the Environment, Land and Planning under old legislation, such as the City Area Leases Act 1936 and the Leases Act 1918, that, unlike the Land Act, do not have requirements for public notification, and resultant third party appeal rights, in respect of lease variations.
Surely this is one of the nubs of the problem that we are facing right at the moment. I think it is also fair to say that, even with public notification and resultant third party appeal rights, there are many people in the community who do not believe that they go far enough. But perhaps the short, three-month inquiry that Mr Wood has announced will improve the existing situation.
I also give notice that the Liberal Party will be supporting the Minister's amendment. It is reasonable that applications under the old leasing legislation which have not been finalised by 30 June 1995 should be deemed to have been refused. We believe that that is quite long enough. It still gives applicants time to action the lease variation option that they currently hold.
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