Page 2038 - Week 07 - Thursday, 23 August 2007
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Question so resolved in the negative.
Amendment negatived.
MR BARR (Molonglo—Minister for Education and Training, Minister for Planning, Minister for Tourism, Sport and Recreation, Minister for Industrial Relations) (9.49): I move amendment No 115 circulated in my name [see schedule 1 at page 2065].
This amendment and related amendments apply to development applications to vary a lease to remove its concessional status. Amendment No 115 will substitute a new definition of “reviewable decision” to clarify that a reviewable decision does not include a decision by the minister under new clause 253, which we covered in amendment No 99, as to whether a development application is in the public interest, or a decision by the authority or the minister to refuse a development application under clause 158 of the bill, under the section deciding development applications, because the minister decides under new clause 253 that considering the application is not in the public interest. This amendment should be read in conjunction with amendments Nos 45, 72 and 99 with which we have previously dealt.
Amendment agreed to.
Clause 400, as amended, agreed to.
Clause 401 agreed to.
Clause 402.
MR BARR (Molonglo—Minister for Education and Training, Minister for Planning, Minister for Tourism, Sport and Recreation, Minister for Industrial Relations) (9.51): I move amendment No 116 circulated in my name [see schedule 1 at page 2065].
This amendment will substitute new clause 402 (2) and (3) to specify that an application for review must be made within four weeks of notification of either a clause 171 or a clause 172 decision. The bill required applications for third party merit review in the AAT to be made within four weeks of the decision to grant a development approval.
This clause will amend that approach to make the four-week period run from the date the third party is notified of a decision to grant the approval. This is considered to be a fairer process and more consistent with processes in the Administrative Appeals Tribunal Act 1989, where the relevant periods, typically, run from the date of receiving notice of the decision.
Amendment agreed to.
Clause 402, as amended, agreed to.
Clause 403.
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