Page 357 - Week 02 - Tuesday, 12 February 2013
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legislative provisions contained in the act which dictate the administrative management, for example, in relation to movable signs, abandoned vehicles and graffiti removal. Other matters are managed administratively, for example, approval to interfere with a public place or permits which allow for activities or events. The government proposes to amend the act to provide a more cohesive legislative scheme that will streamline administration and better manage our public land.
In summary, the Public Unleased Land Bill provides for a permit system to authorise the use of a public place for an event or an activity, power to seek financial assurances where there is a risk that damage may occur to the public land, a reformed approvals process in relation to roads and works approvals in specified public places, broadened conditions which the decision-maker can apply to the granting of a permit and discretion to renew a permit, and the introduction of strict liability offences and provision for penalty infringement notices.
As the Minister for Territory and Municipal Services noted earlier in presenting this bill, the reformed legislation includes a clearer framework for the permit system. When appointed as authorised officers, a person will have all the template powers which allow for more effective and better enforcement. The template powers are consistent with the powers already in place for authorised officers under the legislation, for example, the Liquor Act 2010. Authorised officers will be given this suite of powers to assist the enforcement of the act.
Authorised officers will have the power to give general directions, such as directions to produce approvals, permits or other relevant documentation. Other powers include powers to enter premises and to seize things. There are also enforcement powers to remove and dispose of unauthorised objects on public unleased land and to take urgent action when needed.
The bill will introduce strict liability offences and penalty infringement notices under Magistrates Court regulations, which are yet to be implemented. The advantage is that an infringement notice can be issued on the spot and means that, unless a person wants to contest the penalty or the infringement remains unpaid, offences need not be processed through the courts.
The amendments introduce improved compliance and enforcement measures, and allow for financial assurances in relation to potential damage to the territory. The amendments will enable the ACT government to claim more easily the costs of repairing damage to public unleased land. The system will be similar to financial assurances used in the Environment Protection Act 1997, and will require up-front financial assurances such as a bond, especially for larger events. The requirement to hold public liability insurance will be maintained.
The power to seek financial assurances when issuing permits has been included because of the risk that damage may occur to public unleased land—for example, damage to infrastructure such as in-ground irrigation systems. However, it is not the intention to disadvantage the not-for-profit or charity sector with this provision. Discretion is provided not to impose a financial assurance requirement, such as for small community activities and events. This will be managed through the process for assessing events.
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