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Legislative Assembly for the ACT: 2002 Week 14 Hansard (10 December) . . Page.. 4172 ..

MR CORBELL (continuing):

Mr Speaker, amendment 9 inserts a new clause to make clear the effect of the statement of planning intent. In particular, it makes clear that it does not authorise any person to do anything inconsistent with the Territory Plan. This matter was raised by members in discussion on the bill. Whilst it was never the intention of the government to permit the statement of planning intent to allow activity that might override or overrule the requirements of the Territory Plan, this clause makes that explicit.

It is important to add that the statement of planning intent can outline the government's intention to seek to vary the Territory Plan. For instance, had the statement of planning intent been available when this government was elected in November last year, one of the issues the government would have outlined in such a statement of planning intent would have been its intention to implement a 5 per cent limit on dual occupancy development in the territory, and to vary the Territory Plan accordingly. The statement of planning intent can outline the government's intention to vary the Territory Plan, but it does not authorise any person to do anything inconsistent with the existing provisions of the Territory Plan.

I trust this clarifies and addresses the concerns members have raised in relation to this clause.

Amendments agreed to.

Question put:

That clause 13, as amended, be agreed to.

The Assembly voted-

 	Ayes, 11  		Noes, 6

 Mr Berry  	Ms MacDonald    Mr Cornwell   
 Mr Corbell  	Mr Quinlan    	Mrs Dunne   
 Mrs Cross  	Mr Stanhope    	Mr Humphries
 Ms Dundas  	Ms Tucker    	Mr Pratt
 Ms Gallagher  	Mr Wood     	Mr Smyth  
 Mr Hargreaves      		Mr Stefaniak

Clause 13, as amended, agreed to.

Clauses 14 and 15, by leave, taken together and agreed to.

Proposed new clause 15A.

MRS DUNNE (9.18): Mr Speaker, I move amendment No 7 circulated in my name, which inserts a new clause 15A [see schedule 7 at page 4199].

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