Page 2586 - Week 09 - Wednesday, 24 August 1994
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I think the Minister's amendment to that particular clause changes that situation slightly and, I believe, makes the situation even clearer. The report goes on:
It is possible that the terms of the Land (Planning and Environment) Act 1991 may be less advantageous to those whose applications or review processes are incomplete and, if that is so, the present amendment could possibly act retrospectively to prejudice existing rights.
We have heard from the Minister today that there are about 30 applications still to be processed. I also welcome that advice, because I think that there has been some confusion in the past as to exactly how many applications are potentially outstanding. The passage of this Bill will mean that, from 1 July 1995, all applications for lease variations in the ACT shall occur under the Land (Planning and Environment) Act and not under a variety of repealed Acts. This will bring more certainty to the process and will enable members of the community to better understand planning processes in the ACT.
I acknowledge that there is still much to do in terms of the review of planning legislation in the ACT, which review will be undertaken by the Assembly's Planning, Development and Infrastructure Committee. I look forward to participating in the review as a member of that committee and I welcome the days that have recently been set aside for public hearings during which many of the key players affected by the planning process in the ACT will participate. The passage of this Bill will, however, at this time go a small way to reforming the process for the variation of leases. I believe that it is a timely measure. Once again, I thank members for their support of this Bill.
Question resolved in the affirmative.
Bill agreed to in principle.
Detail Stage
Bill, by leave, taken as a whole
MR WOOD (Minister for Education and Training, Minister for the Arts and Heritage and Minister for the Environment, Land and Planning) (12.00): Madam Temporary Deputy Speaker, I move:
Clause 4, page 2, lines 9 to 15, proposed subsection 26(1B), omit the proposed subsection, substitute the following subsection:
"(1B) On 1 July 1994, any application made under a provision of a repealed Act but not determined before that date shall, by force of this subsection, be deemed to have been refused.".
I present the explanatory memorandum, which has been circulated.
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