Page 360 - Week 02 - Tuesday, 12 February 2013
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For example, the recent Multicultural Festival in Civic is given a permit under section 15A for movable objects, yet everything else—that is, all other aspects connected with the event—flows through that single permit covering objects. In 2012, nearly 2,600 events were held under this arrangement. Activities and events ranged from music festivals and motor sport activities to weddings. Of these events, 41 attracted over 1,000 people.
The new legislation provides a clearer framework and supporting provisions which not only cover the placing of objects such as marquees or a rubbish skip on unleased public land but also cover the use of that land—for example, a wedding or sporting event. The permit will now be issued on the basis of use and will be regulated through the permit conditions placed on that particular use.
There will be greater flexibility around the imposition of conditions allowing the scheme to be more responsive to the events Canberrans want to hold on public land. The conditions are intended not to be excessively regulatory or onerous but rather to protect the public land from damage or unauthorised use and provide the capacity for government to ensure that any damage that is caused is made good by the user, either directly or through compensation.
Conditions could potentially cover a wide range of matters, depending on the permitted use of the unleased public land, to cover off issues such as safety and security, protection of people, property and the environment, noise control and parking.
Also, under the current act permits can only be issued for a maximum of one year. The bill will reduce the administrative burden for business by removing the requirement to renew permits annually and enabling two-year permits to be issued.
Importantly, only those uses or activities that exclude some or all members of the public from a place will require a permit, and a number of activities will not require permits at all.
The new legislation will facilitate the development of specific policy around permits for the use of public unleased land in consultation with stakeholders.
It is also intended that improved communication tools for permit applications will be developed to complement the administration of the permit system—allowing for electronic lodgement and approval of applications. This alone is a good outcome for both the community and the government.
Turning briefly to the comments provided by the scrutiny of bills committee, the committee expressed a concern about the scope of the definition of a “use” of public land. I do acknowledge that the definition of “use” of land is very broad. This is necessary given the wide range of activities that may need to be captured in managing and protecting the amenity and natural value of the land.
I accept the committee’s concern that in some cases it may not be possible to definitively say that something is or is not a “use” as defined by the bill. However, by applying a common-sense test anyone can be reasonably confident about whether
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