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Legislative Assembly for the ACT: 2000 Week 1 Hansard (17 February) . . Page.. 230 ..


LAND (PLANNING AND ENVIRONMENT) AMENDMENT BILL 2000 (NO 2)

MR SMYTH (Minister for Urban Services) (11.01): Mr Speaker, I present the Land (Planning and Environment) Amendment Bill 2000 (No. 2), together with its explanatory memorandum.

Title read by Clerk.

MR SMYTH: I move:

That this Bill be agreed to in principle.

Mr Speaker, the Land (Planning and Environment) Amendment Bill (No. 2) 2000 amends sections 184B and 187B of the Land (Planning and Environment) Act 1991 to extend the date of effect of those sections. Sections 184B and 187B are sunset clauses that affect the formula prescribed to calculate the change of use charge. The clauses were inserted into the legislation during the Assembly's 1996 debate of the major amendments to the Act that resulted from the Stein inquiry.

The change of use charge formula in the Act currently provides for the charge to be calculated at 75 per cent of any added value that results from the variation of a lease, or the consolidation or subdivision of the land. The sunset clauses provide for the change to be calculated at 100 per cent of added value rather than 75 per cent from 31 March 2000.

As members of the Assembly would be aware, in mid-1999 the Government introduced into the Assembly a Bill to reduce the rate of change of use charge from 75 to 50 per cent. That Bill followed some of the recommendations of the Nicholls report, which was referred to the Planning and Urban Services Committee on 1 July 1999. As the Planning and Urban Services Committee is yet to report on the Nicholls report, it is probable that there will not be sufficient time to implement any required legislative amendments that may result prior to 31 March this year.

Mr Speaker, this Bill proposes that the date of effect of the sunset clauses be extended to 30 September 2000. The amendment will enable the Government fully to consider the recommendations of the Planning and Urban Services Committee and avoid a situation in which there is a sudden change in the calculation of the change of use charge from 75 to 100 per cent while a conflicting legislative proposal is being considered.

Debate (on motion by Mr Corbell ) adjourned.


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