Page 387 - Week 01 - Thursday, 11 December 2008

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I am pleased that the Chief Minister and the Greens have agreed that this clause goes, because when it goes it will take a lot of angst out of the situation for many residents. As I said when I tabled the communication from the Gungahlin Community Council, they told me I should spread it far and wide and maybe I should insist that it be included in Hansard.

The concerns are not of a NIMBY-like group of residents, as the Chief Minister has said on so many occasions over the past eight months. This concern is spread across the ACT. People are afraid that under a Stanhope-Gallagher Labor government these things might pop up in the block next door to them—anywhere. What we do as an Assembly by removing this clause is send a very clear message that we support the notion of the bush capital as a planned city and that this Assembly will stand up for the rights of residents to live in that planned city. So I am very pleased to be able to vote to remove the clause, as I am sure just about everybody else in this place is.

MR STANHOPE (Ginninderra—Chief Minister, Minister for Transport, Minister for Territory and Municipal Services, Minister for Business and Economic Development, Minister for Indigenous Affairs and Minister for the Arts and Heritage) (5.33): I have just a couple of points of clarification in response to Mr Smyth’s comments, but I do not want to delay members; I really am anxious for us to get on to the appropriation bill.

The first is that Neil Savery, the head of ACTPLA, has confirmed today, in discussions and advice that I sought in relation to the proposed amendment which we are currently debating and in response to a request for just some clarification around the issue and the section, that it is the view of ACTPLA—and I have written advice from Mr Savery today saying it is Mr Savery’s—

Mr Smyth: Can you table the advice?

MR STANHOPE: No. I have a note to me from Mr Savery, signed by Mr Savery, saying it is ACTPLA’s view that the data centre falls within the definition of communication. Look, this is—

Mr Smyth: Can you table that?

MR STANHOPE: No, I will not; it is a note to me.

Mr Seselja: Read it out.

MR STANHOPE: I have just said it: ACTPLA has senior legal advice that it is reasonable to consider the data centre under the definition of a communication facility. It is entirely consistent with what I just said—that this is the view of ACTPLA. But this is academic. This is a completely academic debate here now. The government’s position is, the position of ACTPLA, is that a data centre fits within the definition of a communications centre. Mr Savery has confirmed to me today, in writing, that that is their view. That is what I said.

Mrs Dunne: When did you twist his arm on that? He certainly did not say that at the public meeting.


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