Page 3345 - Week 11 - Tuesday, 21 October 2014
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I would like to note that this bill does not make any changes to circumstances under which call-ins can be made. As members again know, I currently have a separate executive member’s bill before the Assembly that proposes inserting a new condition under which these powers can be used, including that call-ins can only be made for developments where proponents have undertaken pre-DA consultation. But that is a matter for another day and, as I say, I think today’s amendment is a quite simple and specific one that makes sense in the context in which it seeks to operate.
Just turning to a few other matters, the bill makes amendment to the notification requirements in section 138AB(5), which applies to situations in which the proponents can apply for an environmental significance opinion. At the moment the relevant advising agency must inform the applicant. The bill streamlines the process by making ACTPLA the notifying agency so that there is a single point of contact. The bill also amends section 242(1) to extend the time from five to 10 days after the end of the quarter that ACTPLA must notify the minister of the number of single-dwelling house lease grants by direct sale in that quarter.
Finally, this bill also makes changes to the Building Act and regulation to strengthen the documentation requirements for certifiers of developments that are DA exempt. This follows the recommendations of a May 2014 Auditor-General report which highlighted the lack of documentation in some circumstances, specifically those which are DA exempt.
In conducting a building approval, the certifier must be satisfied that site work either complies with the development application and approval or that no DA is required. If there is no paperwork, such as an exemption assessment notice or a development approval, then the certifier must demonstrate that the works are indeed exempt. This bill introduces the requirement of a site work notice or checklist, which certifiers must complete to demonstrate that the appropriate matters have been taken into consideration in making this assessment.
All other changes proposed in the bill are technical and, having made these few brief remarks, as I said, the Greens will be supporting this bill today.
MR COE (Ginninderra) (11.15): The opposition will be supporting the Planning, Building and Environment Legislation Amendment Bill 20l4 (No 2). This is the second omnibus planning bill this year and contains four minor policy changes as well as technical and editorial changes to planning and building legislation. I thank Mr Rattenbury for taking the call just then.
The first policy change is an amendment to the Planning and Development Act which will permit the minister to amend a development approval that was originally decided by the minister using the call-in powers. Current legislation allows amendments to DAs that have been approved by ACTPLA but not DAs that have been approved through a ministerial call-in. Minor amendments to a DA are quite common. Such amendments may include changing the location of a door or a wall. Whilst in an ideal world the original DA would be correct and no amendments would be required, it is
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