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Legislative Assembly for the ACT: 1999 Week 10 Hansard (12 October) . . Page.. 2992 ..

MR SMYTH (continuing):

The committee recommends that, should the draft Variation be endorsed by the government, the Federal Golf Club indemnify the Territory against any possible accidents that may arise from wayward golf balls in the area set aside for housing.

Again, Mr Speaker, this recommendation is noted. It is proposed that the assessment of the development application will address the safety issues associated with wayward golf balls, firstly, by designing to minimise the risk and, secondly, by the golf club indemnifying the Territory against any claim. Mr Speaker, the sixth recommendation reads:

The committee recommends that the government institute appropriate planning actions to ensure that a road is not constructed linking Brereton Street, Garran, and the present access road to the Federal Golf Club off Red Hill Drive.

Mr Speaker, again this is noted. The construction of such a link from Brereton Street to Red Hill Lane would need to pass through a designated area on the National Capital Plan, and would require approval from the National Capital Authority. The Government does not propose to pursue the possibility of such a link with the National Capital Authority. Finally, Mr Speaker:

The committee recommends that all dams for the Federal Golf Course be located within the Club's boundary; and that a series of dams of moderate wall height replace the single large dam once envisaged on land near existing houses.

Again, this recommendation is noted. The Government supports the objective of this recommendation and will address the issue through the assessment of the development application for the proposed dams.

As I mentioned earlier, Mr Corbell did not endorse the variation and submitted a minority dissenting report raising two principles of concern: Firstly, the appropriateness of allowing a change to a concessional lease to provide for residential purposes and associated issues and, secondly, consistency with the principles of the Territory Plan and maintenance of Canberra's formal and informal open space system. Mr Speaker, the first issue is one which relates to the legislation rather than the Territory Plan and it is not considered appropriate for it to be used as a means of delaying or rejecting a proposal which is considered to be reasonable under the terms of the Territory Plan.

The second issue raised by Mr Corbell really distils down to being a matter of interpretation. His view is that the proposal is not consistent with the principles of the Territory Plan. PALM, on the other hand, presented its view that the proposal is consistent with the principles of the Territory Plan. The committee, in endorsing the draft variation, chose to accept PALM's interpretation rather than that of Mr Corbell.

Mr Speaker, I now table variation No. 94 to the Territory Plan relating to the Federal Golf Club.

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