Page 1605 - Week 06 - Tuesday, 7 May 2013

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minister a written report setting out the issues raised in any written comments, including consultation comments, about the variation.

This section has been amended to state that a written report must be given to the minister setting out the issues raised in any consultation comments about a draft plan variation. This makes it clear that the Planning and Land Authority need only report on consultation comments about the variation and not on unrelated comments made outside the consultation process on matters not related to the proposed variation.

This amendment does not make any substantive changes to the territory plan variation process. This amendment does not remove the existing obligation on the Planning and Land Authority to also provide background papers to the minister on matters such as pre-consultation with statutory agencies during the preparation of a draft variation. The amendment simply clarifies the wording of section 69(2)(b). While this amendment removes any ambiguity about what “written comments” may mean, it ensures that these reports are confined to relevant comments about the draft variation.

The technical amendments made by this bill also help promote efficiency and improve administrative practice. Clause 12 inserts a new subsection 139(2)(b)(ii) into the Planning and Development Act. Subsection 139(2)(b) deals with development applications made by someone other than the lessee of the land. The new subsection applies where the land is public land or unleased land and the development is a driveway verge crossing for a single or dual occupancy development. The standing position is for development applications on such land to be signed by the land custodian—in this case, the Territory and Municipal Services Directorate, or TAMS.

This amendment will permit the development application to be signed by either the land custodian or the Planning and Land Authority. This amendment reinstates an administrative arrangement that had operated prior to the Planning and Land Development Act. This amendment improves efficiency for development proponents, including industry. These are small, low-risk developments. The amendment will mean that development proponents will not need to have these proposals signed off by TAMS prior to lodging a development application. Of course, the land custodian will still have the opportunity to make comment on the proposal during the development assessment referral process.

Madam Speaker, the remaining clauses make important updates to the legislation and clarify the meaning of existing provisions. For example, clause 8 updates a definition in subsection 35(3) of the Construction Occupations Licensing Regulation 2004. This subsection defines a relevant asbestos qualification. The definition currently refers to the former Building Regulation 2004. The amendment updates the reference to the current Building General Regulation 2008. Amendments of this kind help to keep territory legislation up to date and user friendly.

Clause 21 makes a technical amendment to section 25 of the Water Resources Act 2007. This section covers water access entitlements. Section 25(1) currently refers to water access entitlements for certain existing licenceholders under section 202 of the Water Resources Act. Section 202 is a transitional provision which expired in 2008. This bill inserts a new note into section 25(1), which states that this transitional

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