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Legislative Assembly for the ACT: 1999 Week 12 Hansard (25 November) . . Page.. 3771 ..

MS TUCKER (continuing):

relate to applications to undertake a development. My amendment merely mirrors the existing section 266 in the Land Act regarding ascertaining whether controlled activities are being conducted in accordance with an approval.

A new section to mirror the existing section 273 will also allow for a search warrant to be obtained to inspect a property where it is suspected that land is being managed other than in accordance with an LMA. Of course, I would hope that these provisions never have to be used, but they need to be there just in case someone does not do the right thing.

MR CORBELL (5.43): The Labor Party will not be supporting this amendment. I accept Ms Tucker's argument that other provisions of the Land Act and the Environment Protection Act are needed. But in the context of establishing the new regime for LMAs and the new 99-year leases, it is important that an atmosphere of goodwill and cooperation be engendered wherever possible. Putting these types of powers in place would not add to the level of confidence needed to establish and negotiate those agreements. Again, as I indicated earlier, should it be found subsequently that these types of provisions should be provided for, we will certainly be prepared to reconsider the issue in light of changed circumstances.

MR SMYTH (Minister for Urban Services) (5.44): The Government will oppose the amendment. The Land Act already provides for inspection powers and warrants. The Government's amendments add that for managed land held under rural lease other than in accordance with the land management agreement that applies to it there is a penalty of 50 units. The penalty is there; the fine is there; the ability is already there.

Proposed new clauses negatived.

Proposed new clause 11A

MR SMYTH (Minister for Urban Services) (5.45): I move amendment No. 8 circulated in my name in the following terms:

That the following new clause be inserted in the Bill:

Page 7, line 9-

11A Review of decisions

Section 282A is amended-

(a) by inserting after subsection (4) the following subsection:

"(4A) Where a decision is made on behalf of the Territory to vary a land management agreement under a provision of a kind referred to in subsection 186C (3), the Minister must give notice of the decision to the other party to the agreement."; and

(b) by omitting paragraph (5) (a) and substituting the following paragraph:

"(a) a decision referred to in subsection (1), (2), (3), (4) or (4A);"; and

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