Page 2448 - Week 07 - Tuesday, 30 July 2019
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on a lease deconcessionalisation will avoid much frustration for the proponents of these and ensure administrative fairness.
In conclusion, I compliment the government for taking a continuous improvement approach to this aspect of the Planning and Development Act and encourage it to look at the pressing needs elsewhere in its jurisdiction.
MR GENTLEMAN (Brindabella—Manager of Government Business, Minister for the Environment and Heritage, Minister for Planning and Land Management, Minister for Police and Emergency Services and Minister assisting the Chief Minister on Advanced Technology and Space Industries) (4.45), in reply: I thank members for their participation in this debate and their support for this bill. The Planning and Environment Legislation Amendment Bill, the PAELA, is part of the government’s regular program of omnibus amendment bills that make minor policy and technical amendments to the statute book.
As members have heard, there are effects on the ACT land rent scheme, permitting people with low incomes to rent land from the territory and cleaning that up in regard to when the land rent lease has not been paid within 12 months from the date of decision. Currently the applicant has unlimited time in which to pay the amount required. We have done that calculation using the value of the property and time for the decision. Delay in paying can cause financial loss to the territory.
The bill makes two minor policy amendments to the Environment Protection Act in regard to the Environment Protection Regulation 2005, to ensure that the offence of failing to install or maintain sediment and erosion control measures applies regardless of whether the requirement has been approved by a building certifier or is a requirement of the development approval itself.
There is an amendment to the Commissioner for Sustainability and the Environment Act 1993 to permit the minister who is responsible for the content of a special report prepared by the commissioner to table the government response to that report. Minor amendments to the Nature Conservation Act and the Planning and Development Act 2007 are in this bill as well.
I might just touch on the discussion in regard to Ms Le Couteur’s comments on interim effect. Changes to the Territory Plan such as draft variations can have interim effect for a particular amount of time. This means that during the period of interim effect individuals or the government cannot do anything that is inconsistent with the Territory Plan if it has been changed in accordance with the draft variation.
Interim effect is provided in the Planning and Development Act and is considered on a case-by-case basis. Draft variations are placed on interim effect where there is a public benefit in doing do. This is particularly important for key policy initiatives and the introduction of improvements to planning practice in the ACT. Without interim effect, a rush of development applications prior to the commencement of a plan or variation could undermine the intent and effectiveness of the proposed variation. This could create a speculative environment in which proponents may be compelled to feel pressured to bring forward development proposals ahead of any proposed changes.
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