Page 1917 - Week 07 - Thursday, 13 August 2020
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Working together to revitalise the Sydney and Melbourne buildings is at the heart of this bill. Before developing this legislation, the government investigated several policy options, including buying back leases. We have also considered legal principles, practical responses and, of course, the views expressed by stakeholders, building owners and the public.
The bill I introduce today sets out the process for revitalising the Sydney and Melbourne buildings. Under clause 36B, the minister may ask the City Renewal Authority to prepare a draft revitalisation plan which will set out the refurbishment work required for the public-facing areas of each building. In developing a draft plan, the City Renewal Authority must engage with each owner, the Conservator of Flora and Fauna and the ACT Heritage Council.
Under section 36C, the draft plan will then undergo 30 days of public consultation. After considering any written submissions lodged during the consultation period, the City Renewal Authority must finalise the draft plan and provide a final version to the minister for approval.
The minister may then approve the final revitalisation plan, under section 36D. This section includes several important components. For instance, the minister cannot approve a plan if it is inconsistent with the advice of the Conservator of Flora and Fauna or the ACT Heritage Council. In approving the plan, the minister must state a reasonable period in which the work must be completed. Finally, under this bill, an approval given by this section is a disallowable instrument, allowing the Assembly to scrutinise the plan before it is activated.
Once the revitalisation plan is supported by the Assembly, it becomes a legal instrument, with a time period in which all the owners of the building are expected to comply with its work instructions. Under section 36E, the City Renewal Authority will be able to issue a legal direction to a building owner to complete the work. Any direction must state the area of the building to which the direction complies, the work required to be undertaken, and the time frame within which the work must be completed. If the work is not completed by the stated time, the City Renewal Authority may authorise someone else to do it.
In accordance with section 36F, the relevant owner will have the right to seek a review of the decision via the ACT Civil and Administrative Tribunal. This right of review adds another layer of scrutiny to the process.
The remaining sections of the bill, from 36G to 36J, create authority for a person or company nominated by the City Renewal Authority to carry out the work under a 36E direction. Section 36H suggests the conditions under which the work may be completed. For example, if entry to the building is required, it must be done in business hours or at another time agreed to by the property owner. Section 36I confirms that liability for the cost of the required work rests with the owner of the building who failed to comply with the direction issued under section 36E. Finally, the last section, 36J, protects people authorised under the bill to carry out the work from any civil liability.
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