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Legislative Assembly for the ACT: 1996 Week 10 Hansard (5 September) . . Page.. 3116 ..

MR HUMPHRIES (continuing):

open during the same hours, do not offer discounts to shoppers under this arrangement; it is just at Belconnen and Tuggeranong. If anyone needed any further proof that the large supermarkets are causing detriment and harm to the local centres, this is it.

Mr Speaker, this Bill removes any doubt, for Coles's benefit, that may allow supermarkets to open their town centre stores late at night for members of some special club. My message to people who might get caught by the Coles PR stunt is, "Do not waste your $10". Membership of this club will not allow shopping in Coles's town centre supermarkets outside the hours that this Assembly, by a majority vote, has set. This Bill is about preserving the clear intent of the law passed by this Assembly. Anyone who doubts the intent should refer to comments made by all members on all sides in this chamber during the initial debate on trading hours in June 1996.

I hope, Mr Speaker, that members will agree with me when I say that, whatever the course of passage of legislation through this house, it is appropriate for all members to support respect for the law once passed and to encourage people not to break the law once passed. I hope that the spirit of the law was clearly reflected on the last occasion and that we will be able to uphold that spirit in amendments which I will put to the Assembly later today and which I hope the Assembly will pass. I commend the Bill to the house, even to the members for Coles and Woolworths opposite.

Debate (on motion by Mr Whitecross) adjourned.


MR HUMPHRIES (Attorney-General and Minister for the Environment, Land and Planning) (10.49): Mr Speaker, I present the Land (Planning and Environment) (Amendment) Bill (No. 2) 1996, together with its explanatory memorandum.

Title read by Clerk.

MR HUMPHRIES: Mr Speaker, I move:

That this Bill be agreed to in principle.

This Bill amends the Land (Planning and Environment) Act 1991 in relation to prescribed payments for the variation of leases. Paragraph 184(b) of the principal Act provides that the Executive shall not execute a variation to a lease where the variation of the lease would increase the market value of the lease, unless the lessee has paid the Executive the amount determined by the Executive as prescribed. Regulations 12 and 13 under the Act provide the basis on which the prescribed payment is determined. At present the Executive must first establish that a variation to a lease would increase the market value of that lease, prior to determining any payment in respect of the variation. However, regulations 12 and 13 refer to the use of added value to calculate the prescribed payment. Market value and added value assessments take different factors into account in their calculation, and reference to both creates an anomaly in the legislation.

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