Page 1431 - Week 05 - Tuesday, 3 May 2016
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The bill also amends the consultation requirements for a draft controlled native species management plan to only require consultation with lessees who are directly affected by the management plan. The current provisions in the act require consultation with all parties affected by the management plan. In the case where a management plan covers the whole of the territory, under the current rules the Conservator of Flora and Fauna would be required to consult with every lessee in the territory. The intention of the consultation is to consult with parties that will be obliged to do or not do something under the plan. Other individuals can still take part in the consultation.
The bill also amends the Utilities (Technical Regulation) Act 2014 to include criteria for granting an operating certificate to an unlicensed regulated utility.
In conclusion, the opposition supports this bill today. We also note the significant amount of work that has obviously gone into this bill by directorate officials. We believe it makes straightforward changes that will improve the operation of planning, building and environment legislation in the territory.
MR HINDER (Ginninderra) (4.04): I rise to speak in support of the Planning, Building and Environment Legislation Amendment Bill 2016. I will leave it to Minister Gentleman to talk about the principal amendments in the bill. I would like to discuss some of the policy and technical amendments made by this bill. The amendments I will speak about involve changes to the Architects Act 2004, the Building and Construction Industry (Security of Payment) Act 2009 and the Heritage Act 2004.
The amendment to the Architects Act is a minor policy change that inserts a new section 69A. The amendment in clause 5 of the bill empowers the architects board to delegate to the registrar the power to renew or refuse registrations. This power is only able to be delegated for decisions to renew registrations where the renewal is straightforward. For example, the registrar can make a decision to renew a registration where no complaints have been received and no disciplinary action has been taken against the applicant. The Architects Act will continue to require an appropriate assessment of registration applications, but will allow for the efficient processing of straightforward applications.
The bill also makes a minor policy amendment to the Building and Construction Industry (Security of Payment) Act, specifically provisions relating to authorising a nominating authority. Under the act an authorised nominating authority is responsible for appointing an adjudicator to hear disputes about construction account payments. Under section 32 of the act the minister must have regard to whether an applicant to become an authorised nominating authority has, in the preceding 12 months, had an authorisation cancelled, suspended or withdrawn, in deciding whether an applicant is suitable.
However, the act does not currently contain a provision for an authorisation to actually be cancelled, suspended or withdrawn. Clause 6 of the bill inserts a new section 33A that gives the minister the power to suspend, cancel or withdraw a
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