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Legislative Assembly for the ACT: 2016 Week 04 Hansard (Thursday, 7 April 2016) . . Page.. 1271 ..

of consultation period. With a full draft territory plan variation, the existing minimum of 20 working days is retained unless a technical variation is associated with a development application. If it is, the minimum consultation period is again 35 working days, the same as a full variation.

They are basically the only amendments that are required to deliver real benefits to the community, the proponent and industry. There are, however, other amendments proposed by the bill that are relevant to the territory plan. For instance, clause 42 inserts a new subsection (1A) at existing section 162 on deciding development applications. This protection mechanism ensures that only development that is not prohibited can be approved.

For a concurrent DA that is associated with an environmental impact assessment, whether it is an application to use a prior study or a full environmental impact assessment of the proposal, the application or assessment is approved and completed under section 209 of the planning act. A draft territory plan variation will continue to be assessed on its merits and is not reliant on the concurrent development application.

There is one last amendment, at clause 20, that inserts new section 90B, “Rezoning—development encroaching on adjoining territory land”, which allows a proponent to seek a declaration from the Planning and Land Authority to deliver a sensible planning outcome. If a declaration is granted, the authority can amend the territory plan by the technical amendment process, noting that the consultation period is extended from 20 working days to at least 35 working days. If the amendment is finalised, the assessment of the development application can proceed and the piece of land the encroachment is on can be granted by direct sale to the proponent.

There are other practical amendments made by the bill further demonstrating this government’s commitment to red tape reduction. For instance, existing section 95, “Technical amendments—future urban areas”, is relocated as section 90C. The placement of relocated section 90C is more logical and brings together all technical amendment provisions. Clause 13 consolidates existing sections 87 and 88 to make it easier to identify what technical amendments require limited consultation.

In this very fast paced and changing environment, I am pleased to be able to speak on a bill that delivers real benefits to the ACT as a whole and that promotes urban renewal, economic development and the vision and delivery of a contemporary, sustainable and livable city. I commend the bill to the Assembly.

Question resolved in the affirmative.

Bill agreed to in principle.

Leave granted to dispense with the detail stage.

Bill agreed to.

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