Page 4164 - Week 13 - Thursday, 27 November 2014

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Heritage Council and Conservator of Flora and Fauna. For consistency, the proposal will also permit departure from the advice of the Conservator of Flora and Fauna in connection with registered trees and declared sites, but only in the abovementioned circumstances. Under existing legislation there is no ability at all to depart from such advice. I am advised that it is not anticipated that registered trees will impact on the light rail project as currently proposed, but this remains a possibility subject to final design. Further, it is possible that registered trees will have an impact on light rail in possible future stages extending to additional areas in Canberra.

An ability to depart from referral entity advice is not without precedent. The Planning and Development Act permits a decision-maker to depart from entity advice when approving a development proposal in certain circumstances. For example, sections 119(2) and 128(2) of the Planning and Development Act allow the decision-maker to give development approval for a development proposal if the decision-maker has considered any applicable guidelines and any reasonable alternatives to the proposed development and the development is consistent with the objects of the territory plan.

The bill also proposes an amendment to the Planning and Development Act to simplify the documentation requirements for a development application, or DA, that is related to light rail. The bill will amend the act to create the ability to prescribe documentation requirements for the DA by regulation. Reducing the level of documentation required for the DA will allow the approval process to proceed expeditiously and with greater clarity. The reduction in documentation is appropriate for a staged development of this nature.

The measures in this bill that will give priority to the proposed capital metro light rail project have been consciously developed with the future in mind. The measures will apply, obviously, to the first stage construction of the proposed light rail from Gungahlin to the city centre.

Importantly, the measures will also be able to apply to the second and subsequent stages in the construction of light rail. For example, the measures in this bill will automatically apply to any extension of the light rail from the city centre to Weston Creek, Tuggeranong or any other locale. This is the case because the bill will apply to light rail and related infrastructure whenever and wherever it is constructed in the territory. In other words, the bill does not limit the locale of the light rail. The proposed location and extent of the light rail are a matter for government decision and authorisation through the development approval system. The location of the light rail is not a matter that is determined or restricted under this bill.

In conclusion, the bill introduces important project-specific efficiency measures to deliver a key government commitment. The capital metro light rail project itself is of considerable economic, social and environmental benefit to the territory, and is an important government commitment. This project-specific legislation will ensure that its benefits are delivered expeditiously. I commend the bill to the Assembly.

Debate (on motion by Mr Coe) adjourned to the next sitting.


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