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Legislative Assembly for the ACT: 2002 Week 8 Hansard (27 June) . . Page.. 2326 ..


The work of the authority will be supplemented by an expert advisory planning and land council comprised of members with experience and eminence in fields such as urban, social and environmental planning. The council will have a role in policy development and in responding to significant development proposals.

Under the government's policy, the authority, established by chapter 2 of the bill, will be constituted by a chief planning executive who will have responsibility for carrying out most of the authority's functions.

Mr Speaker, the new authority will pick up the existing functions of Planning and Land Management and the Commissioner for Land and Planning, and some of the functions of Land and Property currently within the Department of Urban Services, under the Land (Planning and Environment) Act. That is, the authority will:

maintain and review the Territory Plan;

advise on planning and land administration policy, including the strategic spatial plan for Canberra;

grant, administer, vary and terminate leases and licences;

issue orders;

assess and make decisions on development applications;

regulate the building and development practitioners;

maintain the city's land information base; and importantly

plan for, and regulate, the development of land.

Mr Speaker, our policy provides for general direction of the authority by the government of the day in relation to its functions. Under part 2.3 of the bill, directions will be written and must be tabled in the Legislative Assembly. However, the authority will have an opportunity to respond to a direction and the minister must have regard to that response.

The Assembly may make recommendations to the minister about giving a direction.

Mr Speaker, the presence of a direction power does not compromise the ability of the authority to operate with an appropriate level of independence. Our proposal is to vest powers directly in the entities created by this bill. In particular, the authority will be empowered to determine development applications-it will no longer be the minister's delegate. The call-in power under the land act would only be used when a significant proposal arises which has policy implications.

Sustainability framework

Sustainable development is a primary objective of this legislation. The authority will therefore be bound by the recognised principles of sustainable development. The government is releasing today a draft sustainability framework discussion paper for public consultation.

Role of Planning and Land Council

The authority will be required to seek high-level advice on significant development proposals and on planning and land policy issues. The role of the Planning and Land Council is to provide such high-level advice to the authority and government, and


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