Legislative Assembly for the ACT: 2003 Week 8 Hansard (21 August) . . Page.. 3105 ..
(3) What is the legislation and/or regulations which govern this;
(4) How many liquor stores have sought change-of-lease provisions in the past five years to enable them to sell other items;
(5) How are such provisions policed for compliance;
(6) How many breaches have been detected in the past five years;
(7) If any breaches were detected, what were the penalties applied.
Mr Corbell: The answer to the member's question is as follows:
(1) The Territory Plan doesn't provide a definition for liquor store. However, the Plan provides for liquor stores within the definitions of "shop"and "supermarket"which are both permissible uses within a number of the precincts of the Commercial Land Use Policy Areas. These policy areas also permit a wide range of other retail opportunities, including the retail sale of all of the above items.
The Territory Plan definitions for shop and supermarket are as follows:
Shop means the use of land for the purpose of selling, exposing or offering the sale by retail or hire, goods and personal services, includes bulky goods retailing, department store, personal service, retail plant nursery, supermarket and take-away food shop.
Supermarket means a large shop selling food and other household items where the selection of goods is organised on a self-service basis.
(2) In addition to Question 1 above, a lease may limit the shop or retail rights rather than contain all the rights provided by the Territory Plan over that respective block. Conversely prior to the Land (Planning and Environment) Act 1991, (the Land Act) and the Territory Plan in 1993, leases contained other rights accorded to them under policies, which existed at the time these leases were granted. Section 12 of the Land Act ensured those rights are retained and continue in those respective leases for the term of that estate.
(3) The Crown lease is the legal instrument of tenure to accord land use rights. Since the Land Act rights granted in leases must be consistent with the Territory Plan (Section 8 of the Land Act), or in the case of National or designated land The National Capital Plan.
(4) Given that the precincts of the Commercial Land Use Policy Areas that permit "shop"and "supermarket"also permit a broad range of other products to be sold, there is no history of liquor shops seeking lease purpose clauses to provide additional products. There is, however, one lease at Block 4 Section 10 Oaks Estate, which historically was a manufacturing lease which also had specific uses permitted for liquor sales. This lease was granted in 1981 and was inconsistent with the land use policies in the Territory Plan. Since that lease was granted the demands of this community have significantly changed and this establishment became a shop serving this neighbourhood. The Land Use Policies for Oaks Estate were recently reviewed by VP207 and changed to allow this proprietor to add broader retail shop rights to the lease.
(5) Section 256 and schedule 5 of the Land Act provides for orders for breaches of a range of unauthorised land, leasing and planning activities. The Land (Planning and Environment) (Compliance) Amendment Bill 2002 was passed on 26 June 2003.