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Legislative Assembly for the ACT: 2000 Week 4 Hansard (28 March) . . Page.. 964 ..


MR SMYTH (continuing):

The Government is therefore of the view that, among other actions agreed to in the response to the committee's report, the following should occur. The standard rate of change of use charge should be changed to 50 per cent of added value. Lease variations that currently attract a 100 per cent charge, such as concessional leases, should continue to do so. Development applicants should be required, before receiving final approval for a lease variation, to submit to the Territory valuations to be used to determine the change of use charge payable. The agreement between the Commissioner for Land and Planning and the Planning and Land Management Group should be reviewed and made available to the public.

There should no third party appeals in relation to determinations of change of use charge. If an applicant seeks a review of a change of use charge determination, that review should be based on the valuation evidence provided at the time of the determination. It is not appropriate to build a case on evidence obtained after that time. Work should be undertaken immediately to further develop a land database that consolidates all planning and leasing information. In saying this, the Government recognises that a great deal has already been done in this regard, and it is expected that the Government will be in a position to report further developments to the Planning and Urban Services Committee within the next few months.

Finally, work should also be done on the development of a methodology for permitting staged payments of change of use charge in circumstances where the approval itself is capable of staging. However, care must be taken to ensure that no rights are conferred until the corresponding change of use charge payments have been made. While these changes have some priority, there are several other important actions identified in the Government's response. We will be considering those actions during the coming months.

This Government is determined to ensure that the long and confused debate over betterment or change of use charge rates will come to an end, at least for a reasonable time. Seven changes in nine years are too many. It is our responsibility to give this issue our careful and even-handed consideration to try to reach a workable and collaborative solution, both for the short term and for the future.

MR CORBELL (3.28): It is clear from the Government's response today that the Government is going to abandon the fundamental principles of leasehold administration in the Territory. It is that simple. This response confirms the fact that this Government is prepared to give away 50 per cent of the total value of all the land in the ACT that goes through a lease variation to the private leaseholder with no return or benefit to the Territory.

That is a massive giving away of a public asset. It is unbelievable that a government so concerned about managing the ACT's economy in a way which returns more revenue to the Territory so that services can be provided is prepared to give away gratis that level of value in land. It is a complete abandonment of the leasehold system. That is confirmed in the Government's response to recommendation No.1, which says that there will continue to be a lack of transparency in the existing system of development control while land use is controlled both by leases and a statutory plan in tandem.


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