Minutes of Proceedings - 1993-11-30
Sixth Assembly First Session 30/11/1993 Parliamentary Record No. 23
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Date : 30/11/1993__________________________________________________________________________________
1. MEETING:
The Assembly met at 10.00 a.m., pursuant to adjournment.
The Speaker, the Honourable N.M. Dondas, took the Chair.
2. PRAYERS.
3. MESSAGE FROM THE ADMINISTRATOR:
The Speaker read the following message from His Honour the Administrator:
Message No. 14
Assent to Proposed Laws
I, KEITH JOHN AUSTIN ASCHE, the Administrator of the Northern Territory of Australia, advise the Legislative
Assembly that, pursuant to section 7 of the Northern Territory (Self-Government) Act 1978, of the Commonwealth,
declare that I have given my assent to the following proposed laws:
27 October 1993:
Appropriation Act 1993-94
3 November 1993
Cullen Bay Marina Amendment Act 1993
Real Property (Unit Titles) Amendment Act 1993
Unit Titles Amendment Act (No. 2) 1993
9 November 1993
Fences Amendment Act 1993
Lands Acquisition Amendment Act 1993
Pastoral Land Amendment Act (No. 2) 1993
Police Administration Amendment Act (No. 2) 1993
Statute Law Revision Act (No. 2) 1993
Summary Offences Amendment Act 1993
16 November 1993:
Criminal Code Amendment Act 1993
18 November 1993:
Interpretation Amendment Act 1993
23 November 1993:
Bail Amendment Act 1993
Liquor Amendment Act (No. 3) 1993
Real Property Amendment Act (No. 2) 1993
Real Property (Statutory Charges Consequential Amendments) Act 1993
Work Health Amendment Act (No. 2) 1993.
Dated 26th day of November, 1993.
(Sgd) AUSTIN ASCHE
Administrator
4. NOTICES:
The following notices were given:
Mr Manzie: To present the Traffic Amendment Bill (No. 2) 1993 (Serial 299).
Mr Manzie: To present the Motor Vehicles Amendment Bill 1993 (Serial 300).
5. QUESTIONS:
Questions were asked of Ministers.
Paper tabled: The Deputy Leader of the Opposition (Mr Bailey), by leave, laid on the Table the following Paper -
Book, "Profile Australia's Northern Territory".
A further question was asked of a Minister.
Paper tabled: The Treasurer (Mr Coulter) laid on the Table the following Paper -
Letter, Hon. P.J. Keating, MP, Prime Minister to Hon. M.B. Perron, MLA, Chief Minister, dated 26 November 1993.
Further questions were asked of Ministers.
Paper tabled: The Minister for Transport and Works (Mr Manzie) laid on the Table the following Paper -
Letter, Senator the Hon. Bob Collins, Minister for Transport and Communications to
the Hon. Daryl Manzie, MLA, Minister for Transport and Works, dated 25 November 1993.
Further questions were asked of Ministers.
Supplementary answer: The Chief Minister (Mr Perron) gave a supplementary answer to a question asked by the Leader of
the Opposition (Mr Ede) this day.
6. IMPACT OF PROPOSED NATIVE TITLE LEGISLATION ON MINING AND PETROLEUM - MINISTERIAL STATEMENT - STATEMENT NOTED:
The Minister for Mines and Energy (Mr Stone) made a statement on the impact of the proposed Commonwealth Native
Title Bill on the mining and petroleum industry in the Northern Territory.
Mr Stone moved - That the Assembly take note of the Statement.
Debate ensued.
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Suspension of sitting: The sitting was suspended between 12.08 p.m. and 2.00 p.m.
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Debate resumed.
Question - put and passed.
7. WINDOW ON THE WETLANDS PROJECT - PAPERS TABLED - STATEMENT - PAPERS NOTED:
The Minister for Conservation (Mr Coulter) laid on the Table the following Papers -
Concept Plan, Proposed Mary River National Park, November 1993, Conservation Commission of the
Northern Territory; and
Concept Plan, The Lower Adelaide River, Wetlands, Wildlife and Tourism, November 1993,
Conservation Commission of the Northern Territory.
Mr Coulter made a statement relating thereto.
Mr Coulter moved - That the Assembly take note of the Papers.
Debate ensued.
Question - put and passed.
8. FURTHER NOTICES:
The following further notices were given, by leave:
Mr Manzie: To present the Motor Vehicles Amendment Act 1992 Amendment Bill 1993 (Serial 297).
Mr Manzie: To present the Bail Amendment Bill (No. 2) 1993 (Serial 290).
Mr Manzie: To present the Trustee Amendment Bill 1993 (Serial 292).
Mr Manzie: To present the Summary Offences Amendment Bill (No. 2) 1993 (Serial 294).
Mr Manzie: To present the Registration of Births, Deaths and Marriages Amendment Bill 1993 (Serial 295).
Mr Manzie: To present the Criminal Code Amendment Bill (No. 2) 1993 (Serial 298).
Mr Manzie: To present the Classification of Publications and Films Amendment Bill (No. 2) 1993 (Serial 301).
Mr Collins: To present the Misuse of Drugs Amendment Bill 1993 (Serial 302).
9. PLANNING BILL 1993 (Serial 282); and PLANNING (CONSEQUENTIAL AMENDMENT) BILL 1993 (Serial 280):
The order of the day having been read for the resumption of the debate on the question - That the Bills be now read a
second time -
Debate resumed.
Papers tabled: The Minister for Lands, Housing and Local Government (Mr Hatton) laid on the Table the following
Papers -
Flow Chart - The Planning Process;
Flow Chart - Draft - Development Approval Process;
Elements of the Planning Process; and
Land Use Planning - Implementation and Development Assessment.
Debate continued.
Question - put and passed.
Bills read a second time.
The Assembly, according to Order, resolved itself into Committee of the Whole for the consideration of the Bill.
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In the Committee
(Deputy Chairman - Mr Collins)
Planning Bill 1993 (Serial 282):
Clauses 1 and 2, by leave, taken together and agreed to.
Clause 3 read.
On the motion of the Minister for Lands, Housing and Local Government (Mr Hatton) the following amendment was agreed to -
Insert in subclause (1), at the end of paragraph (b) of the definition of "consolidation" the words "except
the consolidation of lots, being lots defined for the purposes of Part IVB of that Act".
On the motion of Mr Hatton the following further amendment was agreed to -
Omit from subclause (1), paragraph (b) of the definition of "construct".
On the motion of Mr Hatton the following further amendment was agreed to -
Omit from subclause (1), paragraph (d) of the definition of "subdivision" the words "under the Unit
Titles Act" and insert in their stead "within the meaning of Part III of the Unit Titles Act or referred
to in section 4(6) of that Act".
On the motion of Mr Hatton the following further amendment was agreed to -
Omit from subclause (1), paragraph (h) of the definition of "subdivision" and insert in its stead
the following:
"(h) a sublease under the Pastoral Land Act;".
Clause 3, as amended, agreed to.
Clause 4 agreed to.
Clause 5 read.
On the motion of Mr Hatton the following amendment was agreed to -
Insert in subclause (4), after "under", the word "and".
Clause 5, as amended, agreed to.
Clause 6 agreed to.
Clause 7 read.
On the motion of Mr Hatton the following amendment was agreed to -
Insert after subclause (1) the following:
"(1A) The Minister may, in the circumstances of a particular case, in writing, waive a fee prescribed
under subsection (1).".
Clause 7, as amended, agreed to.
Clause 8 read.
On the motion of Mr Hatton the following amendments, by leave, were taken together and agreed to, after debate -
Omit subclause (2) and insert in its stead the following:
"(2) The Minister shall not declare a land use objective or an amendment to a land use objective
unless he or she -
(a) has, subject to this section, determined a process for, and the manner and
form of, public consultation, in respect of the particular objective or amendment
proposed (including, but not limited to, the formation of working groups for the purposes
of this section); and
(b) has -
(i) subject to subsection (7), exhibited a copy of
the proposed land use objective or amendment, or a notice describing
the intention of the objective or amendment, in accordance with his
or her determination under paragraph (a);
(ii) advertised that a copy of, or a notice describing the
intention of, the proposed land use objective or amendment has been
exhibited;
(iii) sought submissions from the public in such manner and
form as he or she thinks fit including submissions from the
Planning Authority or a local authority), such submissions to be
provided within such period, ending not earlier than 28 days after the
date of the advertisement under subparagraph (ii) as the Minister
has determined under paragraph (a) and specifies in the advertisement;
and
(iv) after the expiration of the period referred to in
subparagraph (iii), considered the submissions, if any, received.";
and
Omit subclause (7) and insert in its stead the following:
"(7) Where the Minister is of the opinion that a proposed amendment to a land use objective is not so
significant as to require exhibition in accordance with this section, he or she may, without exhibiting
the amendment, declare the amendment to a land use objective.".
Clause 8, as amended, agreed to.
Clause 9 agreed to.
Clause 10 read.
On the motion of Mr Hatton the following amendments, by leave, were taken together and agreed to -
Insert in subclause (1) -
(a) after "land use objective" (first occurring) the words "or an amendment to a
land use objective"; and
(b) after "land use objective" (second occurring) the words", amendment to a land
use objective"; and
Add at the end the following:
"(8) Where there is an inconsistency between an interim development control order and a land use
objective -
(a) the interim development control order shall prevail; and
(b) the land use objective, to the extent of the inconsistency, has no effect,
for the duration of the order.".
Clause 10, as amended, agreed to.
Clause 11 read.
On the motion of Mr Hatton the following amendment was agreed to, after debate -
Omit subclause (3) and insert in its stead the following:
"(3) A control plan takes effect on -
(a) the date it is notified in the Gazette; or
(b) where a later date is provided for in the notice, that later date.".
Clause 11, as amended, agreed to.
Clauses 12 to 14, by leave, taken together and agreed to.
Clause 15 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit subclause (1) and insert in its stead the following:
"(1) The Minister may direct a consent authority to prepare and exhibit a draft control plan amendment
under this Part.".
Clause 15, as amended, agreed to.
Clauses 16 and 17, by leave, taken together and agreed to.
Clause 18 read.
On the motion of Mr Hatton the following amendments, by leave, were taken together and agreed to -
Insert in subclause (1) after "amendment proposes" the words "the zoning of land or";
Insert in subclause (1)(b) after "proposed" the words "zoning or";
Omit from subclause (1) "and the change of zoning" and insert in its stead ", if any, and the zoning or
change of zoning";
Omit from subclause (2) "change of zoning" (twice occurring) and insert in their stead "zoning or change
of zoning"; and
Omit from subclause (3) "change of zoning" and insert in its stead "zoning or change of zoning".
Clause 18, as amended, agreed to.
Clause 19 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (1) "subsection (2)" and insert in its stead "section 17(2)".
Clause 19, as amended, agreed to.
Clauses 20 to 22, by leave, taken together and agreed to.
Clause 23 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (1)(d) "any" and insert in its stead "the".
Clause 23, as amended, agreed to.
Clause 24 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (3)(b) "amendment" and insert in its stead "notice".
Clause 24, as amended, agreed to.
Clause 25 agreed to.
Clause 26 read.
On the motion of Mr Hatton the following amendments, by leave, were taken together and agreed to -
Omit from the definition of "formula for calculation" the words "section 27(9)(d) or 28(5)" and
insert in their stead "section 27(8)(d) or 28(3)";
Omit from the definition of "infrastructure" all words after "include" and insert in their stead "works
required as a condition of a development permit to be carried out on the land to which the permit relates or
the provision of public car parking"; and
Omit from the definition of "policy area" "section 27(8)" and insert in its stead "section 27(7)".
Clause 26, as amended, agreed to.
Clause 27 read.
On the motion of Mr Hatton the following amendments, by leave, were taken together and agreed to -
Omit from subclause (1) "the service authority" and insert in its stead "a service authority";
Omit subclause (4);
Omit from subclause (10) "a calculation referred to in subsection (9)(d)(i)" and insert in its stead
"calculation referred to in subsection (8)(d)(i)"; and
Omit from subclause (10) "the intensity or".
Clause 27, as amended, agreed to.
Clause 28 read.
On the motion of Mr Hatton the following amendments, by leave, were taken together and agreed to -
Omit from subclause (2) "in relation to" and insert in its stead "as part of";
Omit from subclause (3) "the service authority, being a local authority, for the area to which the
control plan relates, may be paid or provided" and insert in its stead "the service authority, being the
local authority for the area to which the control plan relates, may be paid";
Omit subclause (4); and
Omit from subclause (5) "subsections (3) and (4)" and insert in its stead "subsection (3)".
Clause 28, as amended, agreed to.
Clause 29 read.
On the motion of Mr Hatton the following amendments, by leave, were taken together and agreed to -
Omit from subclause (1) "A contribution" and insert in its stead "Subject to subsection (2) and section
103(6), a contribution";
Omit subclause (2) and insert in its stead the following:
"(2) A contribution plan is not valid unless -
(a) the total cost of the provision of infrastructure or car parking in respect of
which the contribution is to be payable under the plan by the holder of the permit
is calculated by reference to the most appropriate and cost-effective form of
construction;
(b) the contribution to be payable by the holder of the permit is calculated as part
or all of the total cost of the provision of infrastructure or car parking; and
(c) the contribution to be payable by the holder of the permit is relative to the
proportion of anticipated future usage of the infrastructure or public car parking
attributable to the development of the land to which the permit relates."; and
Omit from subclause (3) "or public car parking".
Clause 29, as amended, agreed to.
Clause 30 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit paragraph (c) and insert in its stead the following:
"(c) where it is a condition of a development permit relating to the
development that, at the completion of each specified stage of the development, a
specified number of car parking spaces shall be provided or a proportion of the total
contribution as assessed by the service authority in accordance with the
contribution plan shall be payable - at the completion of each stage and before
commencement of the use of that part of the development in accordance with the
conditions of the permit; or".
Clause 30, as amended, agreed to.
Clause 31 read.
On the motion of Mr Hatton the following amendments, by leave, were taken together and agreed to -
Omit subclause (1);
Omit from subclause (2) "this section" and insert in its stead "this Division"; and
Omit from subclause 2(c) ", as the case may be," and insert in its stead "for the provision of that
infrastructure or public car parking, as the case may be,".
Clause 31, as amended, agreed to.
Clause 32 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from paragraph (c)(ii) "penalty" (first occurring) and insert in its stead "interest".
Clause 32, as amended, agreed to.
Clause 33 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit "provided to a service authority under a condition subject to which a development application
was granted" and insert in its stead "paid to a service authority under this Division".
Clause 33, as amended, agreed to.
Clause 34 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (3) "the plan" and insert in its stead "the plan or amendment".
Clause 34, as amended, agreed to.
Clause 35 agreed to.
Clause 36 read.
On the motion of Mr Hatton the following amendments, by leave, were taken together and agreed to -
Insert in subclause (1) after "for which it is" the words "or was"; and
Insert in subclause (2) after "for which it is" the words "or was".
Clause 36, as amended, agreed to.
Clause 37 agreed to.
Clause 38 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (2) "control plan" and insert in its stead "control plan or interim development control
order".
Clause 38, as amended, agreed to.
Clause 39 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (2)(b) "was or they were used or was or were permitted to be" and insert in its stead
"was used or they were being carried out or was or were permitted to be used or".
Clause 39, as amended, agreed to.
Clause 40 agreed to.
Clause 41 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit subclause (3) and insert in its stead the following:
"(3) Sections 57 and 58 do not apply to a development permit referred to in subsection (1).".
Clause 41, as amended, agreed to.
Clause 42 agreed to.
Clause 43 read.
On the motion of Mr Hatton the following amendments, by leave, were taken together and agreed to -
Omit from subclause (3) ", the public";
Omit subclause (3)(c) and insert in its stead the following:
"(c) that a member of the public may make a submission in respect of the application
within such period, ending not earlier than 14 days after the date on which notice was
given, as is specified in the notice.";
Insert at the end of subclause (4) "in respect of an application under this section";
Omit from subclause (5) "a development application" and insert in its stead "an application under this
section"; and
Omit from subclause (6) "notifying a person" and insert in its stead "notification".
Clause 43, as amended, agreed to.
Clause 44 agreed to.
Clause 45 read.
On the motion of Mr Hatton the following amendments, by leave, were taken together and agreed to -
Omit from subclause (1)(a) "section 44(d)" and insert in its stead "section 44(a)";
Omit from subclause (1)(b)(i) ", if any,";
Omit from subclause (1)(b)(ii) "it" and insert in its stead "the recommendation of the consent
authority"; and
Add at the end the following:
"(5) Where the Minister approves an application under this section in relation to a proposal referred
to in section 16 of the Unit Titles Act, the building to which the approval relates is deemed to conform
with the relevant control plan for the purposes of that section.".
Clause 45, as amended, agreed to.
Clause 46 agreed to.
Clause 47 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (4) "the Minister may" and insert in its stead "the Minister shall, after
considering the recommendation, if any, of the consent authority under subsection (3),".
Clause 47, as amended, agreed to.
Clauses 48 and 49, by leave, taken together and agreed to.
Clause 50 read.
On the motion of Mr Hatton the following amendments, by leave, were taken together and agreed to -
Omit from subclause (1)(c) "being" and insert in its stead "ending";
Omit from subclause (2)(c) "being" and insert in its stead "ending"; and
Omit from subclause (6) "notifying a person" and insert in its stead "notification".
The Deputy Leader of the Opposition (Mr Bailey) moved the following amendment -
Insert after subclause (1) the following:
"(1A) Notification under subsection (1) shall be in the prescribed form and shall be provided to a
person whose interests are, or may be, substantially affected by the development application.
"(1B) Without limiting the generality of subsection (1A), a person whose interests are, or may
be substantially affected by the development application includes, but is not limited to -
(a) the owner of land adjacent or contiguous to the land the subject of the
development application; and
(b) a registered lessee (if any) of land adjacent or contiguous to the land the
subject of the development application.".
Amendment negatived, after debate.
Clause 50, as amended, agreed to.
Clause 51, agreed to.
Clause 52 read.
Mr Bailey moved the following amendment -
Omit from subclause (2) "to the applicant" and insert in its stead "to the applicant and any person
who made a submission to the consent authority under section 50(3)".
Amendment negatived, after debate.
On the motion of Mr Hatton the following amendment was agreed to -
Omit subclause 2 and insert in its stead the following:
"(2) As soon as practicable after a consent authority determines an application under subsection
(1), it shall -
(a) serve on the applicant a statement of the reasons for the determination; and
(b) where a submission has been made under section 50(3) in respect of the development
application to which the determination relates - make available for inspection and
purchase by the public a copy of the statement of the reasons for the
determination.".
On the motion of Mr Hatton the following further amendment was agreed to -
Omit subclause (3) and insert in its stead the following:
"(3) Where the Minister is not the consent authority, a statement of the reasons for the
determination shall contain a statement as to whether the applicant has a right to appeal to the Appeals
Tribunal under Part 9 against a condition imposed on a permit, the refusal to grant a permit or the amendment
of a proposal in a development application.".
Mr Bailey moved the following further amendment -
Insert after subclause (4) the following:
"(4A) A statement of reasons shall contain a statement detailing the decision of and the manner in
which each member voted in respect of the determination.".
Amendment negatived, after debate.
Clause 52, as amended, agreed to.
Clause 53 agreed to.
Clause 54 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from paragraph (c) "area" and insert in its stead "area of land".
Clause 54, as amended, agreed to.
Clause 55 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit "'date of a consent'" and insert in its stead "'date of consent'".
Clause 55, as amended, agreed to.
Clause 56 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (4) "Where a development" and insert in its stead "Subject to this Part, where a
development".
Clause 56, as amended, agreed to.
Clause 57 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit paragraph (b) and insert in its stead the following:
"(b) refuse to extend the period of the permit,
and shall, where it does not make a determination in
accordance with the application, give to the applicant
a statement of its reasons.".
Clause 57, as amended, agreed to.
Clause 58 read.
On the motion of Mr Hatton the following amendment was agreed to -
Insert at the end of subclause (2) "and shall, where it does not make a determination in accordance with
the application, give to the applicant a statement of its reasons.".
Clause 58, as amended, agreed to.
Clause 59 read.
On the motion of Mr Hatton the following amendments, by leave, were taken together and agreed to -
Omit subclause (1)(b) and insert in its stead the following:
"(b) as permitted under the control plan, if any, applying to the land, or, where an
interim development control order applies to the land, as permitted under the order; or
(c) as otherwise permitted under this Act.";
Omit from subclause (2) "relevant"; and
Add at the end the following:
"(3) Subject to this Act, where a notice of appeal is lodged under section 99 in respect of a development
permit, the holder of the permit shall not develop or use the land in a manner only permitted under the
development permit until the appeal is concluded under this Act.
Penalty: In the case of a natural person - $10,000 and $200 for each day during
which the offence continues:
In the case of a corporation - $50,000 and $1000 for each day during
which the offence continues.".
Clause 59, as amended, agreed to.
Clauses 60 to 69, by leave, taken together and agreed to.
Clause 70 read.
Mr Bailey moved the following amendment -
Omit from subclause (1)(c) "3 local members" and insert in its stead "4 local members.
Amendment negatived.
Clause 70 agreed to.
Clause 71 read.
Mr Bailey, by leave, withdrew amendment scheduled 145.5 standing in his name.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (1) "subsection (2)" and insert in its stead "subsection (3)".
Mr Bailey moved the following amendment -
Omit subclause (2) and insert in its stead the following:
"(2) Where an appointment referred to in subsection (1) is to be made, the Minister shall, in writing,
request the local authority to nominate in writing a number of persons, equal to the number of positions to
be filled under that subsection, who the Minister shall appoint as local members.".
Amendment negatived, after debate.
On the motion of Mr Hatton the following further amendments, by leave, were taken together and agreed to -
Omit from subclause (3) ", where required to do so by the Minister";
Omit from subclause (3)(a) "being" and insert in its stead "ending";
Omit from subclause (3)(b) "consider any nominations received" and insert in its stead "assess the
suitability of the persons nominated"; and
Omit from subclause (3)(c) "to the Minister" and insert in its stead "to the Minister, in accordance
with subsection (2),".
Clause 71, as amended, agreed to.
Clause 72 read.
Mr Bailey, by leave, withdrew amendment scheduled 145.7 standing in his name.
Clause 72 agreed to.
Clause 73 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (2) "2 months after the election" and insert in its stead "3 months after the
declaration of the polls for the election".
Clause 73, as amended, agreed to.
Clauses 74 to 78, by leave, taken together and agreed to.
Clause 79 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (2) "which has" and insert in its stead "who or which has".
Clause 79, as amended, agreed to.
Clause 80 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (3) "The Minister shall terminate" and insert in its stead "The Minister
shall, subject to section 73(2), terminate".
Clause 80, as amended, agreed to.
Clauses 81 and 82, by leave, taken together and agreed to.
Clause 83 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (1) "in respect of" (first occurring).
Mr Bailey moved the following amendment -
Omit "Chairperson" (wherever occurring) and insert in its stead "Authority".
Amendment negatived, after debate.
Mr Bailey moved the following further amendment -
Omit from subclause (3) "he or she" and insert in its stead "the Authority".
Amendment negatived.
Clause 83, as amended, agreed to.
Clauses 84 to 87, by leave, taken together and agreed to.
Clause 88 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from paragraph (e)(iii) "does not relate" and insert in its stead "except as authorised under
subparagraph (i), does not relate".
Clause 88, as amended, agreed to.
Clauses 89 to 94, by leave, taken together and agreed to.
Clause 95 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (1)(a) "section 96(1)" and insert in its stead "section 96".
Clause 95, as amended, agreed to.
Clause 96 read.
On the motion of Mr Hatton the following amendment was agreed to -
Insert after "section 95, a member" the words "of the Appeals Tribunal".
Clause 96, as amended, agreed to.
Clause 97 agreed to.
Clause 98 read.
Mr Bailey moved the following amendment -
Omit from subclause (1) the definition of "appellant" and insert in its stead the following:
"'appellant' means a person who lodges an appeal under section 99 or 99B.".
Amendment negatived, after debate.
On the motion of Mr Hatton the following amendments, by leave, were taken together and agreed to -
Insert in subclause (1), at the end of the definition of "applicant", the words "or an
application under section 57 or 58"; and
Insert in subclause (1) at the end of the definition of "determination" the words ", 57 or 58 and includes
a failure by a consent authority to determine an application, which failure may be appealed against as
if a determination had been made to refuse consent in pursuance of section 99(2) or (3);".
Mr Bailey moved the following further amendment -
Omit the definition of "party" and insert in its stead the following:
"'party' means -
(a) a person who lodges an appeal under section 99;
(b) the members of the consent authority against whose determination, variation of a
permit, or failure to make a determination, the appeal is lodged; or
(c) a third-party.
'third-party' means a person who made a submission to the consent authority under section 50(3) in respect
of a development application and who lodges an appeal under section 99B or appears before the Tribunal in
pursuance of section 99C.".
Amendment negatived.
On the motion of Mr Hatton the following further amendment was agreed to -
Insert in subclause (1) at the end of the definition of "party" the words "and, where an appeal is lodged
in pursuance of section 99(4), a service authority".
On the motion of Mr Hatton the following further amendment was agreed to -
Omit subclause (2) and insert in its stead the following:
"(2) This Part does not apply to -
(a) a determination made by the Minister as the consent authority; or
(b) a determination, or that part of a determination, made under section 52, 57 or
58 by a consent authority other than the Minister, in accordance with a direction of
the Minister referred to in section 67(4) or section 9(2)(b)(ii).".
Clause 98, as amended, agreed to.
Clause 99 negatived.
On the motion of Mr Hatton the following new clause was inserted in the Bill, after debate -
"99. APPLICANT MAY APPEAL
"(1) An applicant -
(a) aggrieved by a determination, other than a determination referred to in paragraph (c),
may - within 28 days after service of the statement of the reasons for the
determination under section 52(2), 57 or 58; or
(b) aggrieved by a condition of a permit which may be appealed against in pursuance of
subsection (4) may - within 28 days from the issue of the development permit or the
statement of reasons for the determination, if any, under section 52(2), 57 or 58; or
(c) may, where the failure of a consent authority to determine an application may be
appealed against in pursuance of subsection (2) or (3) as if a determination had been
made to refuse to consent to the application - at any time before the matter is determined
by the consent authority, appeal to the Appeals Tribunal against the
determination by lodging with the Tribunal a notice of appeal.
"(2) Where -
(a) an applicant has not received a development permit or a notice of refusal in
respect of a development application within 12 weeks after the development application
was made; or
(b) the consent authority, under clause 4 of the Administrative Procedures made under the
Environmental Assessment Act, notifies the Minister responsible for the administration
of that Act of the development application and the applicant has not received a
development permit or a notice of refusal in respect of a development application within
12 weeks after the last day that an administrative action has been or may be
taken under that Act,
the applicant may appeal to the Appeals Tribunal as if the consent authority had made a determination to
refuse to consent to the application.
"(3) Where a person who made an application under section 57 or 58 has not been notified of a
determination, if any, by the consent authority in respect of the application within 12 weeks after the
application was lodged, the failure of the consent authority to determine the application may be appealed
against by the person who made the application as if a determination had been made to refuse to consent to
the application.
"(4) A person may appeal against a condition deemed by section 29(1) to be imposed on a development
permit issued to him or her, on the grounds that a refund or remittance of all or part of a contribution
otherwise payable should have been made to him or her under section 32(d) in the special circumstances of
his or her case, and where this is a ground for appeal specified in the notice of appeal the service
authority which made the contribution plan in relation to which the condition is deemed to be imposed is
joined as a party to the appeal.
"(5) The lodging of an appeal under this Part shall not prevent the consent authority against whose
determination the appeal was lodged from making a determination in respect of the application under
section 52, 57 or 58 at any time before the determination of the appeal by the Appeals Tribunal
and where such a determination is made by the consent authority -
(a) the first appeal lodged under this section lapses;
(b) all fees paid in respect of the first appeal shall be refunded;
(c) subject to this Part, a person may make a subsequent appeal ("the subsequent appeal")
against the determination of the consent authority in accordance with this Part; and
(d) the Appeals Tribunal may admit such evidence provided in respect of the first
appeal as is admissible in accordance with this Part in relation to the subsequent
appeal.".
Mr Bailey moved - That the following proposed new clauses be inserted in the Bill -
"99A. CONSENT AUTHORITY TO ADVISE OF APPEAL OR APPLICATION FOR A VARIATION
"(1) On receiving an application for a variation of a condition of a development permit under section
58(1) or notice of an appeal under section 100, the consent authority shall, in the prescribed form,
notify each person who made a submission under section 50(3) that an application for a variation or that an
appeal has been lodged.
"(2) A notification shall be accompanied by details of the application for variation or the grounds of the
appeal and shall contain a statement that the person may appear before the Tribunal as a third-party.
"99B. THIRD PARTY MAY APPEAL
"(1) A third-party may appeal against a determination under section 52 or a variation under
section 58(2), as if the third-party were a party to the original development application.
"(2) Notwithstanding subsection (1), where, in the opinion of the President, an appeal by a third-party
is frivolous or vexatious, the President may dismiss the appeal.
"(3) The Tribunal shall as soon as is practicable, but in any event not later than 2 months after
receiving an appeal by a third-party, determine an appeal made under this section.
"(4) Subsection (3) does not apply where an appeal by a third-party is consolidated under section 110(i)
with an appeal other than by another third-party.
"99C. THIRD PARTY MAY APPEAR AT APPEAL
"A third-party may appear before the Tribunal on the hearing of an appeal under section 103.".
Debate ensued.
Proposed new clauses negatived.
Clause 100 read.
On the motion of Mr Hatton the following amendment was agreed to -
Insert at the end of subclause (2) "or, where a service authority is joined as a party by section
99(4), on the service authority.".
Clause 100, as amended, agreed to.
Clause 101 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (2) "Submissions" and insert in its stead "Where an appeal is lodged other than in
respect of a condition which may be appealed against in pursuance of section 99(4), submissions".
Clause 101, as amended, agreed to.
Clause 102 agreed to.
Clause 103 read.
Mr Bailey moved the following amendment -
Omit from subclause (7) "the parties" and insert in its stead "the parties and the Minister".
Amendment negatived.
Mr Bailey moved the following further amendment -
Omit subclause (8).
Amendment negatived.
Clause 103 negatived.
On the motion of Mr Hatton the following new clause was inserted in the Bill -
"103. DETERMINATION BY APPEALS TRIBUNAL
"(1) The Appeals Tribunal shall hear and determine each appeal made to it under this Part.
"(2) The Appeals Tribunal shall not make a determination except in respect of a ground for appeal
specified in the notice of appeal or altered in accordance with section 110(e).
"(3) The Appeals Tribunal, for the purposes of hearing and determining an appeal in respect of a
development application other than -
(a) an appeal in pursuance of section 99(4); or
(b) an appeal in respect of an application under section 57 or 58,
shall take into account the matters specified in section 51.
"(4) The Appeals Tribunal shall not make a determination which, in its opinion, conflicts with a
land use objective relating to the land in respect of which the determination is made unless the Minister
agrees, in writing, to it making such a determination.
"(5) Subject to subsection (6), the Appeals Tribunal shall, in writing, determine an appeal by -
(a) confirming the determination of the consent authority;
(b) altering the determination of the consent authority; or
(c) substituting its own determination for that of the consent authority,
against whose determination the appeal is lodged and may -
(d) except in respect of an appeal in respect of an application under section 57 or
58, revoke a development permit issued by the consent authority;
(e) order the consent authority to issue or amend a development permit; and/or
(f) specify the conditions, if any, to which the issue or amendment of the development
permit under paragraph (e) is subject.
"(6) Where an appeal is lodged in pursuance of section 99(4), the Appeals Tribunal may determine the
appeal only by determining that -
(a) all or some contribution paid or payable by the appellant is to be refunded or
remitted; or
(b) no contribution paid or payable by the appellant is to be refunded or remitted,
and where it determines that all or some contribution should be refunded or remitted, the amount determined
to be payable is deemed to be a condition of the permit in substitution for the condition which would
otherwise be deemed to be imposed on the permit under section 29.
"(7) The Appeals Tribunal shall give written reasons for, and maintain a record of, its determinations.
"(8) The Appeals Tribunal shall make available for inspection and purchase by the public, copies of all
determinations made by the Tribunal, together with the written reasons given under subsection (7).
"(9) The Appeals Tribunal shall cause to be served on the parties a copy of the determination and its
reasons for making the determination.
"(10) A determination of the Appeals Tribunal, other than a determination under subsection (6) is
deemed to be -
(a) the final decision of the consent authority against whose determination the
appeal was lodged; or
(b) where the determination is made in respect of a condition which may be appealed
against in pursuance of section 99(4), the final decision under section 32(d) of the
service authority joined as a party to the appeal in accordance with section 99(4).
"(11) A consent authority or a service authority shall comply with an order of the
Appeals Tribunal.".
Clauses 104 and 105, by leave, taken together and agreed to.
Clause 106 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (7) all the words following "subsection (6)".
Clause 106, as amended, agreed to.
Clauses 107 to 109, by leave, taken together and agreed to.
Clause 110 read.
On the motion of Mr Hatton the following amendment was agreed to -
Insert in paragraph (h) after "person" the words "who has made a submission under section 50(3) or any
other person".
Mr Bailey moved the following amendment -
Insert after paragraph (j) the following:
"(k) if more than one appeal has been made in respect of the same determination under section
50(3) or the same variation under section 58(2), order the consolidation of those appeals
on such terms as it thinks fit; or".
Amendment negatived.
Clause 110, as amended, agreed to.
Clauses 111 to 114, by leave, taken together and agreed to.
Clause 115 read.
On the motion of Mr Hatton the following amendment was agreed to -
Insert after "Supreme Court" the word "only".
Clause 115, as amended, agreed to.
Mr Bailey moved - That the following proposed new clause be inserted
in the Bill -
"115A. MINISTER MAY OVERRULE DETERMINATION
"(1) The Minister may, within 28 days after receiving it, accept, reject or vary the determination
of the Tribunal.
"(2) The Minister shall, in exercising his or her power under subsection (1), take into account the
matters specified in section 51.
"(3) As soon as practicable, but not later than 28 days after making a determination under subsection
(1), the Minister shall by notice in writing to the Tribunal and to the parties to the appeal, advise them
of his or her reasons for the decision.
"(4) The Minister shall cause a determination under this section to be notified in the Gazette.".
Proposed new clause negatived, after debate.
Clause 116 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (3)(b)(i) "control plan" and insert in its stead "land use objective, a control
plan or an interim development control order".
On the motion of Mr Hatton the following further amendment was agreed to -
Add at the end the following:
"(4) A certificate issued under this section may certify that the requirements of this Act have been
complied with in respect of the development of land notwithstanding that all stages of the development
permitted under the development permit have not been completed in relation to the balance of that land, if
a condition of the permit referred to in section 54 permits the development the subject of the application
to be completed in stages.".
Clause 116, as amended, agreed to.
Clause 117 agreed to.
Clause 118 read.
Mr Bailey, by leave, withdrew amendment scheduled 145.17 standing in his name.
Clause 118 agreed to.
Clauses 119 to 128, by leave, taken together and agreed to.
Clause 129 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit "'Planning Appeals Committee'" and insert in its stead "'former Appeals Committee'".
Clause 129, as amended, agreed to.
Clause 130 read.
On the motion of Mr Hatton the following amendments, by leave, were taken together and agreed to -
Insert in paragraph (c) after "by the Territory" the words "and may be continued in the name of the
Planning Authority."; and
Omit from paragraph (c) all words after "against the Territory".
Clause 130, as amended, agreed to.
Clauses 131 and 132, by leave, taken together and agreed to.
Clause 133 read.
On the motion of Mr Hatton the following amendment was agreed to -
Insert at the end "but section 9(1) does not apply to such an objective.".
Clause 133, as amended, agreed to.
Clause 134 agreed to.
Clause 135 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit "deemed to be a control plan" (twice occurring) and insert in its stead "deemed to be a control plan
or a control plan amendment, as the case may be,".
Clause 135, as amended, agreed to.
Clause 136 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit subclause (2) and insert in its stead the following:
"(2) Where an application was, before the commencement date, received under section 71 of the
former Act, but was not determined under section 72 of that Act, it is deemed to be an application made under
section 47 of this Act.".
Clause 136, as amended, agreed to.
Clause 137 agreed to.
Clause 138 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit subclause (3) and insert in its stead the following:
"(3) A final decision of the former Appeals Committee by virtue of section 147 of the former Act
is not subject to an appeal under section 99 of this Act.".
Clause 138, as amended, agreed to.
Clauses 139 to 143, by leave, taken together and agreed to.
Clause 144 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit "under section 31(2)(a)(i)" and insert in its stead "under section 31(2)".
Clause 144, as amended, agreed to.
Clauses 145 and 146, by leave, taken together and agreed to.
Clause 147 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (4) "Planning".
Clause 147, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
Planning (Consequential Amendment) Bill 1993 (Serial 280):
Clause 1 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit "(Consequential Amendment)" and insert "(Consequential Amendments)".
Clause 1, as amended, agreed to.
Clauses 2 and 3, by leave, taken together and agreed to.
Schedules 1 and 2, by leave, taken together.
On the motion of Mr Hatton the following amendment was agreed to -
Omit Schedules 1 and 2 and insert in their stead the following:
"SCHEDULE 1
Section 3(1)
__________________________________________________________________
Provision Amendment
__________________________________________________________________
omit substitute
____________________________________________
Control of Roads
Act
Section 7 'subject to section 'subject to section 99' 65'
Crown Lands Act
Section 3
- definition of the whole definition
'planning
instrument'
- definition of the whole definition '"Conservation
'Conservation Commission" means
Commission' the Conservation
Commission of the
Northern Territory
established by
section 9(1) of the
Page 782
Conservation
Commission Act;
'"control plan" has
the same meaning
as in the Planning
Act;'
Section 44(1) 'Part V' 'Part 7'
Section 44(9)(a) 'Part V' 'Part 7'
Cullen Bay Marina
Act
Section 3(2)(e) 'a certificate of the 'a certificate
Planning Authority issued under section
within the meaning of' 116 of'
Energy Pipelines
Act
Section 15(2)(c) 'planning instrument 'control plan within
made under Part III' the meaning'
Lands Acquisition
Act
Section 4
- definition of 'planning instrument' 'control plan'
'reserved land' (twice occurring)
Rule 5(1)(a) 'reserved by a planning 'reserved by a
of Schedule 2 instrument under the control plan made or
Planning Act, or a deemed to be made
town planning scheme under the Planning
deemed by section 167 Act'
of that Act to be a
planning instrument
under that Act'
Rule 5(1)(b) 'draft planning 'proposed control
of Schedule 2 instrument' plan or draft control
plan amendment'
'Part IX of'
Rule 5(2) 'planning instrument, 'control plan,
draft planning instru- proposed control
ment or proposals for plan or draft control
the town planning plan amendment'
scheme'
Local Government
Act
Section 128(1)(a) 'section 99' 'section 65'
Page 783
Nitmiluk (Katherine
Gorge) National
Park Act
Section 5(5) the whole subsection '(5) Notwithstanding
subsection (4), the
lease and any
addition to the park
under section 7, is
not a subdivision or
consolidation for the
purposes of the
Planning Act.'
Palmerston
Development
Authority Act
Repeal Act
Section 4(1) 'section 7' 'section 67'
- definition of
'Planning
Authority'
Section 10(1) 'planning instrument' 'control plan'
Real Property Act
Section 101(1) 'Part V' 'Part 7'
Section 101(3)(a) 'section 99(2) and 'section 65(1) and
(7)' (5)'
Section 101(4) 'consent to a sub- 'development permit
division has lapsed in respect of a sub-
under section 101' division has lapsed
under section 56'
Section 101(4A) 'section 94' 'section 52'
Special Purposes
Leases Act
Section 4(3) 'planning instrument' 'control plan'
Section 9A 'Part V' 'Part 7'
Unit Titles Act
Section 4
- definition of
'stage' 'section 96' 'section 116'
'of Part V'
Section 8A the whole section
Page 784
Section 16(1) 'planning instrument' 'control plan'
(d)(i) (twice occurring)
Section 16(1) 'instrument' 'control plan'
(d)(ii)
Section 21B(2) 'planning instrument' 'control plan'
(c)(ii)
Section 26B(3)(b) 'instrument of deter- 'statement of the
mination issued under reason for the deter-
section 113(1)' mination issued under
section 52'
Section 26G(3) 'unconditional 'unconditional
approval under consent under
section 45' section 52'
Section 26J(2)(b) 'section 113(1)' 'section 52'
Section 26Q(3)(c) 'instrument of deter- 'development permit
mination issued under issued under section
section 95(1)' 52'
Section 26U(4) 'section 94(1)' 'section 52'
Section 26W(2)(b) 'instrument of deter- 'development permit
mination under under section 52'
section 95(1)'
Yulara Tourist
Village Management
Act
Section 16(2) 'section 94' 'section 52'
_______________________________________________________ ___________
_______________________
SCHEDULE 2
Section 3(2)
Provision Amendment
__________________________________________________________________
omit substitute
____________________________________________
Fisheries
Regulations
Regulation
145(1)(b), 'planning instruments' 'control
plans'
162(2)(b) and
200(2)
Jabiru Town
Development
(Caravan Parks)
Regulations
Page 785
Regulation 10(1) 'a consent determin- 'a development
ation permit'."
__________________________________________________________________
_______________________
_____________
Title agreed to.
Bill to be reported with amendments.
____________________
The Speaker (Mr Dondas) resumed the Chair; the Deputy Chairman (Mr Collins) reported accordingly; and the reports
were adopted.
The Minister for Lands, Housing and Local Government (Mr Hatton) moved - That the Bills be now read a third time.
Debate ensued.
Question - put and passed.
The Bills were read a third time and passed to be proposed laws.
10. ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly do now adjourn.
Debate ensued.
Papers tabled: The Member for Nhulunbuy (Mr Stirling), by leave, laid on the Table the following Papers -
Letter, Ray Rogers, Engineering Manager, Refrigerators and Freezers, Email Woodville Refrigeration Division to John Tobin,
CEO Opposition Leader NTG, dated 24 November 1993; and
Letter, Bruce Bailey, State Manager, Vulcan Chef to Brian Ede, Opposition Leader, dated 2 November 1993.
Debate continued.
Question - put and passed.
The Assembly adjourned at 11.26 p.m. until tomorrow at 10.00 a.m.
====================
PAPERS:
The following Papers were deemed to have been presented on Tuesday 30 November 1993:
Annual Reports:
Department of Law, 1992-93
National Road Trauma Advisory Council, 1992
Hospital Management Boards:
Gove District Hospital Management Board, 1992-93
Katherine Hospital Management Board, 1992-93
Tennant Creek Hospital Management Board, 1992-93.
====================
ATTENDANCE:
All Members attended the sitting
__________________________________________________________________________________
Date : 30/11/1993
1. MEETING:
The Assembly met at 10.00 a.m., pursuant to adjournment.
The Speaker, the Honourable N.M. Dondas, took the Chair.
2. PRAYERS.
3. MESSAGE FROM THE ADMINISTRATOR:
The Speaker read the following message from His Honour the Administrator:
Message No. 14
Assent to Proposed Laws
I, KEITH JOHN AUSTIN ASCHE, the Administrator of the Northern Territory of Australia, advise the Legislative
Assembly that, pursuant to section 7 of the Northern Territory (Self-Government) Act 1978, of the Commonwealth,
declare that I have given my assent to the following proposed laws:
27 October 1993:
Appropriation Act 1993-94
3 November 1993
Cullen Bay Marina Amendment Act 1993
Real Property (Unit Titles) Amendment Act 1993
Unit Titles Amendment Act (No. 2) 1993
9 November 1993
Fences Amendment Act 1993
Lands Acquisition Amendment Act 1993
Pastoral Land Amendment Act (No. 2) 1993
Police Administration Amendment Act (No. 2) 1993
Statute Law Revision Act (No. 2) 1993
Summary Offences Amendment Act 1993
16 November 1993:
Criminal Code Amendment Act 1993
18 November 1993:
Interpretation Amendment Act 1993
23 November 1993:
Bail Amendment Act 1993
Liquor Amendment Act (No. 3) 1993
Real Property Amendment Act (No. 2) 1993
Real Property (Statutory Charges Consequential Amendments) Act 1993
Work Health Amendment Act (No. 2) 1993.
Dated 26th day of November, 1993.
(Sgd) AUSTIN ASCHE
Administrator
4. NOTICES:
The following notices were given:
Mr Manzie: To present the Traffic Amendment Bill (No. 2) 1993 (Serial 299).
Mr Manzie: To present the Motor Vehicles Amendment Bill 1993 (Serial 300).
5. QUESTIONS:
Questions were asked of Ministers.
Paper tabled: The Deputy Leader of the Opposition (Mr Bailey), by leave, laid on the Table the following Paper -
Book, "Profile Australia's Northern Territory".
A further question was asked of a Minister.
Paper tabled: The Treasurer (Mr Coulter) laid on the Table the following Paper -
Letter, Hon. P.J. Keating, MP, Prime Minister to Hon. M.B. Perron, MLA, Chief Minister, dated 26 November 1993.
Further questions were asked of Ministers.
Paper tabled: The Minister for Transport and Works (Mr Manzie) laid on the Table the following Paper -
Letter, Senator the Hon. Bob Collins, Minister for Transport and Communications to
the Hon. Daryl Manzie, MLA, Minister for Transport and Works, dated 25 November 1993.
Further questions were asked of Ministers.
Supplementary answer: The Chief Minister (Mr Perron) gave a supplementary answer to a question asked by the Leader of
the Opposition (Mr Ede) this day.
6. IMPACT OF PROPOSED NATIVE TITLE LEGISLATION ON MINING AND PETROLEUM - MINISTERIAL STATEMENT - STATEMENT NOTED:
The Minister for Mines and Energy (Mr Stone) made a statement on the impact of the proposed Commonwealth Native
Title Bill on the mining and petroleum industry in the Northern Territory.
Mr Stone moved - That the Assembly take note of the Statement.
Debate ensued.
____________________
Suspension of sitting: The sitting was suspended between 12.08 p.m. and 2.00 p.m.
____________________
Debate resumed.
Question - put and passed.
7. WINDOW ON THE WETLANDS PROJECT - PAPERS TABLED - STATEMENT - PAPERS NOTED:
The Minister for Conservation (Mr Coulter) laid on the Table the following Papers -
Concept Plan, Proposed Mary River National Park, November 1993, Conservation Commission of the
Northern Territory; and
Concept Plan, The Lower Adelaide River, Wetlands, Wildlife and Tourism, November 1993,
Conservation Commission of the Northern Territory.
Mr Coulter made a statement relating thereto.
Mr Coulter moved - That the Assembly take note of the Papers.
Debate ensued.
Question - put and passed.
8. FURTHER NOTICES:
The following further notices were given, by leave:
Mr Manzie: To present the Motor Vehicles Amendment Act 1992 Amendment Bill 1993 (Serial 297).
Mr Manzie: To present the Bail Amendment Bill (No. 2) 1993 (Serial 290).
Mr Manzie: To present the Trustee Amendment Bill 1993 (Serial 292).
Mr Manzie: To present the Summary Offences Amendment Bill (No. 2) 1993 (Serial 294).
Mr Manzie: To present the Registration of Births, Deaths and Marriages Amendment Bill 1993 (Serial 295).
Mr Manzie: To present the Criminal Code Amendment Bill (No. 2) 1993 (Serial 298).
Mr Manzie: To present the Classification of Publications and Films Amendment Bill (No. 2) 1993 (Serial 301).
Mr Collins: To present the Misuse of Drugs Amendment Bill 1993 (Serial 302).
9. PLANNING BILL 1993 (Serial 282); and PLANNING (CONSEQUENTIAL AMENDMENT) BILL 1993 (Serial 280):
The order of the day having been read for the resumption of the debate on the question - That the Bills be now read a
second time -
Debate resumed.
Papers tabled: The Minister for Lands, Housing and Local Government (Mr Hatton) laid on the Table the following
Papers -
Flow Chart - The Planning Process;
Flow Chart - Draft - Development Approval Process;
Elements of the Planning Process; and
Land Use Planning - Implementation and Development Assessment.
Debate continued.
Question - put and passed.
Bills read a second time.
The Assembly, according to Order, resolved itself into Committee of the Whole for the consideration of the Bill.
____________________
In the Committee
(Deputy Chairman - Mr Collins)
Planning Bill 1993 (Serial 282):
Clauses 1 and 2, by leave, taken together and agreed to.
Clause 3 read.
On the motion of the Minister for Lands, Housing and Local Government (Mr Hatton) the following amendment was agreed to -
Insert in subclause (1), at the end of paragraph (b) of the definition of "consolidation" the words "except
the consolidation of lots, being lots defined for the purposes of Part IVB of that Act".
On the motion of Mr Hatton the following further amendment was agreed to -
Omit from subclause (1), paragraph (b) of the definition of "construct".
On the motion of Mr Hatton the following further amendment was agreed to -
Omit from subclause (1), paragraph (d) of the definition of "subdivision" the words "under the Unit
Titles Act" and insert in their stead "within the meaning of Part III of the Unit Titles Act or referred
to in section 4(6) of that Act".
On the motion of Mr Hatton the following further amendment was agreed to -
Omit from subclause (1), paragraph (h) of the definition of "subdivision" and insert in its stead
the following:
"(h) a sublease under the Pastoral Land Act;".
Clause 3, as amended, agreed to.
Clause 4 agreed to.
Clause 5 read.
On the motion of Mr Hatton the following amendment was agreed to -
Insert in subclause (4), after "under", the word "and".
Clause 5, as amended, agreed to.
Clause 6 agreed to.
Clause 7 read.
On the motion of Mr Hatton the following amendment was agreed to -
Insert after subclause (1) the following:
"(1A) The Minister may, in the circumstances of a particular case, in writing, waive a fee prescribed
under subsection (1).".
Clause 7, as amended, agreed to.
Clause 8 read.
On the motion of Mr Hatton the following amendments, by leave, were taken together and agreed to, after debate -
Omit subclause (2) and insert in its stead the following:
"(2) The Minister shall not declare a land use objective or an amendment to a land use objective
unless he or she -
(a) has, subject to this section, determined a process for, and the manner and
form of, public consultation, in respect of the particular objective or amendment
proposed (including, but not limited to, the formation of working groups for the purposes
of this section); and
(b) has -
(i) subject to subsection (7), exhibited a copy of
the proposed land use objective or amendment, or a notice describing
the intention of the objective or amendment, in accordance with his
or her determination under paragraph (a);
(ii) advertised that a copy of, or a notice describing the
intention of, the proposed land use objective or amendment has been
exhibited;
(iii) sought submissions from the public in such manner and
form as he or she thinks fit including submissions from the
Planning Authority or a local authority), such submissions to be
provided within such period, ending not earlier than 28 days after the
date of the advertisement under subparagraph (ii) as the Minister
has determined under paragraph (a) and specifies in the advertisement;
and
(iv) after the expiration of the period referred to in
subparagraph (iii), considered the submissions, if any, received.";
and
Omit subclause (7) and insert in its stead the following:
"(7) Where the Minister is of the opinion that a proposed amendment to a land use objective is not so
significant as to require exhibition in accordance with this section, he or she may, without exhibiting
the amendment, declare the amendment to a land use objective.".
Clause 8, as amended, agreed to.
Clause 9 agreed to.
Clause 10 read.
On the motion of Mr Hatton the following amendments, by leave, were taken together and agreed to -
Insert in subclause (1) -
(a) after "land use objective" (first occurring) the words "or an amendment to a
land use objective"; and
(b) after "land use objective" (second occurring) the words", amendment to a land
use objective"; and
Add at the end the following:
"(8) Where there is an inconsistency between an interim development control order and a land use
objective -
(a) the interim development control order shall prevail; and
(b) the land use objective, to the extent of the inconsistency, has no effect,
for the duration of the order.".
Clause 10, as amended, agreed to.
Clause 11 read.
On the motion of Mr Hatton the following amendment was agreed to, after debate -
Omit subclause (3) and insert in its stead the following:
"(3) A control plan takes effect on -
(a) the date it is notified in the Gazette; or
(b) where a later date is provided for in the notice, that later date.".
Clause 11, as amended, agreed to.
Clauses 12 to 14, by leave, taken together and agreed to.
Clause 15 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit subclause (1) and insert in its stead the following:
"(1) The Minister may direct a consent authority to prepare and exhibit a draft control plan amendment
under this Part.".
Clause 15, as amended, agreed to.
Clauses 16 and 17, by leave, taken together and agreed to.
Clause 18 read.
On the motion of Mr Hatton the following amendments, by leave, were taken together and agreed to -
Insert in subclause (1) after "amendment proposes" the words "the zoning of land or";
Insert in subclause (1)(b) after "proposed" the words "zoning or";
Omit from subclause (1) "and the change of zoning" and insert in its stead ", if any, and the zoning or
change of zoning";
Omit from subclause (2) "change of zoning" (twice occurring) and insert in their stead "zoning or change
of zoning"; and
Omit from subclause (3) "change of zoning" and insert in its stead "zoning or change of zoning".
Clause 18, as amended, agreed to.
Clause 19 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (1) "subsection (2)" and insert in its stead "section 17(2)".
Clause 19, as amended, agreed to.
Clauses 20 to 22, by leave, taken together and agreed to.
Clause 23 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (1)(d) "any" and insert in its stead "the".
Clause 23, as amended, agreed to.
Clause 24 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (3)(b) "amendment" and insert in its stead "notice".
Clause 24, as amended, agreed to.
Clause 25 agreed to.
Clause 26 read.
On the motion of Mr Hatton the following amendments, by leave, were taken together and agreed to -
Omit from the definition of "formula for calculation" the words "section 27(9)(d) or 28(5)" and
insert in their stead "section 27(8)(d) or 28(3)";
Omit from the definition of "infrastructure" all words after "include" and insert in their stead "works
required as a condition of a development permit to be carried out on the land to which the permit relates or
the provision of public car parking"; and
Omit from the definition of "policy area" "section 27(8)" and insert in its stead "section 27(7)".
Clause 26, as amended, agreed to.
Clause 27 read.
On the motion of Mr Hatton the following amendments, by leave, were taken together and agreed to -
Omit from subclause (1) "the service authority" and insert in its stead "a service authority";
Omit subclause (4);
Omit from subclause (10) "a calculation referred to in subsection (9)(d)(i)" and insert in its stead
"calculation referred to in subsection (8)(d)(i)"; and
Omit from subclause (10) "the intensity or".
Clause 27, as amended, agreed to.
Clause 28 read.
On the motion of Mr Hatton the following amendments, by leave, were taken together and agreed to -
Omit from subclause (2) "in relation to" and insert in its stead "as part of";
Omit from subclause (3) "the service authority, being a local authority, for the area to which the
control plan relates, may be paid or provided" and insert in its stead "the service authority, being the
local authority for the area to which the control plan relates, may be paid";
Omit subclause (4); and
Omit from subclause (5) "subsections (3) and (4)" and insert in its stead "subsection (3)".
Clause 28, as amended, agreed to.
Clause 29 read.
On the motion of Mr Hatton the following amendments, by leave, were taken together and agreed to -
Omit from subclause (1) "A contribution" and insert in its stead "Subject to subsection (2) and section
103(6), a contribution";
Omit subclause (2) and insert in its stead the following:
"(2) A contribution plan is not valid unless -
(a) the total cost of the provision of infrastructure or car parking in respect of
which the contribution is to be payable under the plan by the holder of the permit
is calculated by reference to the most appropriate and cost-effective form of
construction;
(b) the contribution to be payable by the holder of the permit is calculated as part
or all of the total cost of the provision of infrastructure or car parking; and
(c) the contribution to be payable by the holder of the permit is relative to the
proportion of anticipated future usage of the infrastructure or public car parking
attributable to the development of the land to which the permit relates."; and
Omit from subclause (3) "or public car parking".
Clause 29, as amended, agreed to.
Clause 30 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit paragraph (c) and insert in its stead the following:
"(c) where it is a condition of a development permit relating to the
development that, at the completion of each specified stage of the development, a
specified number of car parking spaces shall be provided or a proportion of the total
contribution as assessed by the service authority in accordance with the
contribution plan shall be payable - at the completion of each stage and before
commencement of the use of that part of the development in accordance with the
conditions of the permit; or".
Clause 30, as amended, agreed to.
Clause 31 read.
On the motion of Mr Hatton the following amendments, by leave, were taken together and agreed to -
Omit subclause (1);
Omit from subclause (2) "this section" and insert in its stead "this Division"; and
Omit from subclause 2(c) ", as the case may be," and insert in its stead "for the provision of that
infrastructure or public car parking, as the case may be,".
Clause 31, as amended, agreed to.
Clause 32 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from paragraph (c)(ii) "penalty" (first occurring) and insert in its stead "interest".
Clause 32, as amended, agreed to.
Clause 33 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit "provided to a service authority under a condition subject to which a development application
was granted" and insert in its stead "paid to a service authority under this Division".
Clause 33, as amended, agreed to.
Clause 34 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (3) "the plan" and insert in its stead "the plan or amendment".
Clause 34, as amended, agreed to.
Clause 35 agreed to.
Clause 36 read.
On the motion of Mr Hatton the following amendments, by leave, were taken together and agreed to -
Insert in subclause (1) after "for which it is" the words "or was"; and
Insert in subclause (2) after "for which it is" the words "or was".
Clause 36, as amended, agreed to.
Clause 37 agreed to.
Clause 38 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (2) "control plan" and insert in its stead "control plan or interim development control
order".
Clause 38, as amended, agreed to.
Clause 39 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (2)(b) "was or they were used or was or were permitted to be" and insert in its stead
"was used or they were being carried out or was or were permitted to be used or".
Clause 39, as amended, agreed to.
Clause 40 agreed to.
Clause 41 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit subclause (3) and insert in its stead the following:
"(3) Sections 57 and 58 do not apply to a development permit referred to in subsection (1).".
Clause 41, as amended, agreed to.
Clause 42 agreed to.
Clause 43 read.
On the motion of Mr Hatton the following amendments, by leave, were taken together and agreed to -
Omit from subclause (3) ", the public";
Omit subclause (3)(c) and insert in its stead the following:
"(c) that a member of the public may make a submission in respect of the application
within such period, ending not earlier than 14 days after the date on which notice was
given, as is specified in the notice.";
Insert at the end of subclause (4) "in respect of an application under this section";
Omit from subclause (5) "a development application" and insert in its stead "an application under this
section"; and
Omit from subclause (6) "notifying a person" and insert in its stead "notification".
Clause 43, as amended, agreed to.
Clause 44 agreed to.
Clause 45 read.
On the motion of Mr Hatton the following amendments, by leave, were taken together and agreed to -
Omit from subclause (1)(a) "section 44(d)" and insert in its stead "section 44(a)";
Omit from subclause (1)(b)(i) ", if any,";
Omit from subclause (1)(b)(ii) "it" and insert in its stead "the recommendation of the consent
authority"; and
Add at the end the following:
"(5) Where the Minister approves an application under this section in relation to a proposal referred
to in section 16 of the Unit Titles Act, the building to which the approval relates is deemed to conform
with the relevant control plan for the purposes of that section.".
Clause 45, as amended, agreed to.
Clause 46 agreed to.
Clause 47 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (4) "the Minister may" and insert in its stead "the Minister shall, after
considering the recommendation, if any, of the consent authority under subsection (3),".
Clause 47, as amended, agreed to.
Clauses 48 and 49, by leave, taken together and agreed to.
Clause 50 read.
On the motion of Mr Hatton the following amendments, by leave, were taken together and agreed to -
Omit from subclause (1)(c) "being" and insert in its stead "ending";
Omit from subclause (2)(c) "being" and insert in its stead "ending"; and
Omit from subclause (6) "notifying a person" and insert in its stead "notification".
The Deputy Leader of the Opposition (Mr Bailey) moved the following amendment -
Insert after subclause (1) the following:
"(1A) Notification under subsection (1) shall be in the prescribed form and shall be provided to a
person whose interests are, or may be, substantially affected by the development application.
"(1B) Without limiting the generality of subsection (1A), a person whose interests are, or may
be substantially affected by the development application includes, but is not limited to -
(a) the owner of land adjacent or contiguous to the land the subject of the
development application; and
(b) a registered lessee (if any) of land adjacent or contiguous to the land the
subject of the development application.".
Amendment negatived, after debate.
Clause 50, as amended, agreed to.
Clause 51, agreed to.
Clause 52 read.
Mr Bailey moved the following amendment -
Omit from subclause (2) "to the applicant" and insert in its stead "to the applicant and any person
who made a submission to the consent authority under section 50(3)".
Amendment negatived, after debate.
On the motion of Mr Hatton the following amendment was agreed to -
Omit subclause 2 and insert in its stead the following:
"(2) As soon as practicable after a consent authority determines an application under subsection
(1), it shall -
(a) serve on the applicant a statement of the reasons for the determination; and
(b) where a submission has been made under section 50(3) in respect of the development
application to which the determination relates - make available for inspection and
purchase by the public a copy of the statement of the reasons for the
determination.".
On the motion of Mr Hatton the following further amendment was agreed to -
Omit subclause (3) and insert in its stead the following:
"(3) Where the Minister is not the consent authority, a statement of the reasons for the
determination shall contain a statement as to whether the applicant has a right to appeal to the Appeals
Tribunal under Part 9 against a condition imposed on a permit, the refusal to grant a permit or the amendment
of a proposal in a development application.".
Mr Bailey moved the following further amendment -
Insert after subclause (4) the following:
"(4A) A statement of reasons shall contain a statement detailing the decision of and the manner in
which each member voted in respect of the determination.".
Amendment negatived, after debate.
Clause 52, as amended, agreed to.
Clause 53 agreed to.
Clause 54 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from paragraph (c) "area" and insert in its stead "area of land".
Clause 54, as amended, agreed to.
Clause 55 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit "'date of a consent'" and insert in its stead "'date of consent'".
Clause 55, as amended, agreed to.
Clause 56 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (4) "Where a development" and insert in its stead "Subject to this Part, where a
development".
Clause 56, as amended, agreed to.
Clause 57 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit paragraph (b) and insert in its stead the following:
"(b) refuse to extend the period of the permit,
and shall, where it does not make a determination in
accordance with the application, give to the applicant
a statement of its reasons.".
Clause 57, as amended, agreed to.
Clause 58 read.
On the motion of Mr Hatton the following amendment was agreed to -
Insert at the end of subclause (2) "and shall, where it does not make a determination in accordance with
the application, give to the applicant a statement of its reasons.".
Clause 58, as amended, agreed to.
Clause 59 read.
On the motion of Mr Hatton the following amendments, by leave, were taken together and agreed to -
Omit subclause (1)(b) and insert in its stead the following:
"(b) as permitted under the control plan, if any, applying to the land, or, where an
interim development control order applies to the land, as permitted under the order; or
(c) as otherwise permitted under this Act.";
Omit from subclause (2) "relevant"; and
Add at the end the following:
"(3) Subject to this Act, where a notice of appeal is lodged under section 99 in respect of a development
permit, the holder of the permit shall not develop or use the land in a manner only permitted under the
development permit until the appeal is concluded under this Act.
Penalty: In the case of a natural person - $10,000 and $200 for each day during
which the offence continues:
In the case of a corporation - $50,000 and $1000 for each day during
which the offence continues.".
Clause 59, as amended, agreed to.
Clauses 60 to 69, by leave, taken together and agreed to.
Clause 70 read.
Mr Bailey moved the following amendment -
Omit from subclause (1)(c) "3 local members" and insert in its stead "4 local members.
Amendment negatived.
Clause 70 agreed to.
Clause 71 read.
Mr Bailey, by leave, withdrew amendment scheduled 145.5 standing in his name.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (1) "subsection (2)" and insert in its stead "subsection (3)".
Mr Bailey moved the following amendment -
Omit subclause (2) and insert in its stead the following:
"(2) Where an appointment referred to in subsection (1) is to be made, the Minister shall, in writing,
request the local authority to nominate in writing a number of persons, equal to the number of positions to
be filled under that subsection, who the Minister shall appoint as local members.".
Amendment negatived, after debate.
On the motion of Mr Hatton the following further amendments, by leave, were taken together and agreed to -
Omit from subclause (3) ", where required to do so by the Minister";
Omit from subclause (3)(a) "being" and insert in its stead "ending";
Omit from subclause (3)(b) "consider any nominations received" and insert in its stead "assess the
suitability of the persons nominated"; and
Omit from subclause (3)(c) "to the Minister" and insert in its stead "to the Minister, in accordance
with subsection (2),".
Clause 71, as amended, agreed to.
Clause 72 read.
Mr Bailey, by leave, withdrew amendment scheduled 145.7 standing in his name.
Clause 72 agreed to.
Clause 73 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (2) "2 months after the election" and insert in its stead "3 months after the
declaration of the polls for the election".
Clause 73, as amended, agreed to.
Clauses 74 to 78, by leave, taken together and agreed to.
Clause 79 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (2) "which has" and insert in its stead "who or which has".
Clause 79, as amended, agreed to.
Clause 80 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (3) "The Minister shall terminate" and insert in its stead "The Minister
shall, subject to section 73(2), terminate".
Clause 80, as amended, agreed to.
Clauses 81 and 82, by leave, taken together and agreed to.
Clause 83 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (1) "in respect of" (first occurring).
Mr Bailey moved the following amendment -
Omit "Chairperson" (wherever occurring) and insert in its stead "Authority".
Amendment negatived, after debate.
Mr Bailey moved the following further amendment -
Omit from subclause (3) "he or she" and insert in its stead "the Authority".
Amendment negatived.
Clause 83, as amended, agreed to.
Clauses 84 to 87, by leave, taken together and agreed to.
Clause 88 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from paragraph (e)(iii) "does not relate" and insert in its stead "except as authorised under
subparagraph (i), does not relate".
Clause 88, as amended, agreed to.
Clauses 89 to 94, by leave, taken together and agreed to.
Clause 95 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (1)(a) "section 96(1)" and insert in its stead "section 96".
Clause 95, as amended, agreed to.
Clause 96 read.
On the motion of Mr Hatton the following amendment was agreed to -
Insert after "section 95, a member" the words "of the Appeals Tribunal".
Clause 96, as amended, agreed to.
Clause 97 agreed to.
Clause 98 read.
Mr Bailey moved the following amendment -
Omit from subclause (1) the definition of "appellant" and insert in its stead the following:
"'appellant' means a person who lodges an appeal under section 99 or 99B.".
Amendment negatived, after debate.
On the motion of Mr Hatton the following amendments, by leave, were taken together and agreed to -
Insert in subclause (1), at the end of the definition of "applicant", the words "or an
application under section 57 or 58"; and
Insert in subclause (1) at the end of the definition of "determination" the words ", 57 or 58 and includes
a failure by a consent authority to determine an application, which failure may be appealed against as
if a determination had been made to refuse consent in pursuance of section 99(2) or (3);".
Mr Bailey moved the following further amendment -
Omit the definition of "party" and insert in its stead the following:
"'party' means -
(a) a person who lodges an appeal under section 99;
(b) the members of the consent authority against whose determination, variation of a
permit, or failure to make a determination, the appeal is lodged; or
(c) a third-party.
'third-party' means a person who made a submission to the consent authority under section 50(3) in respect
of a development application and who lodges an appeal under section 99B or appears before the Tribunal in
pursuance of section 99C.".
Amendment negatived.
On the motion of Mr Hatton the following further amendment was agreed to -
Insert in subclause (1) at the end of the definition of "party" the words "and, where an appeal is lodged
in pursuance of section 99(4), a service authority".
On the motion of Mr Hatton the following further amendment was agreed to -
Omit subclause (2) and insert in its stead the following:
"(2) This Part does not apply to -
(a) a determination made by the Minister as the consent authority; or
(b) a determination, or that part of a determination, made under section 52, 57 or
58 by a consent authority other than the Minister, in accordance with a direction of
the Minister referred to in section 67(4) or section 9(2)(b)(ii).".
Clause 98, as amended, agreed to.
Clause 99 negatived.
On the motion of Mr Hatton the following new clause was inserted in the Bill, after debate -
"99. APPLICANT MAY APPEAL
"(1) An applicant -
(a) aggrieved by a determination, other than a determination referred to in paragraph (c),
may - within 28 days after service of the statement of the reasons for the
determination under section 52(2), 57 or 58; or
(b) aggrieved by a condition of a permit which may be appealed against in pursuance of
subsection (4) may - within 28 days from the issue of the development permit or the
statement of reasons for the determination, if any, under section 52(2), 57 or 58; or
(c) may, where the failure of a consent authority to determine an application may be
appealed against in pursuance of subsection (2) or (3) as if a determination had been
made to refuse to consent to the application - at any time before the matter is determined
by the consent authority, appeal to the Appeals Tribunal against the
determination by lodging with the Tribunal a notice of appeal.
"(2) Where -
(a) an applicant has not received a development permit or a notice of refusal in
respect of a development application within 12 weeks after the development application
was made; or
(b) the consent authority, under clause 4 of the Administrative Procedures made under the
Environmental Assessment Act, notifies the Minister responsible for the administration
of that Act of the development application and the applicant has not received a
development permit or a notice of refusal in respect of a development application within
12 weeks after the last day that an administrative action has been or may be
taken under that Act,
the applicant may appeal to the Appeals Tribunal as if the consent authority had made a determination to
refuse to consent to the application.
"(3) Where a person who made an application under section 57 or 58 has not been notified of a
determination, if any, by the consent authority in respect of the application within 12 weeks after the
application was lodged, the failure of the consent authority to determine the application may be appealed
against by the person who made the application as if a determination had been made to refuse to consent to
the application.
"(4) A person may appeal against a condition deemed by section 29(1) to be imposed on a development
permit issued to him or her, on the grounds that a refund or remittance of all or part of a contribution
otherwise payable should have been made to him or her under section 32(d) in the special circumstances of
his or her case, and where this is a ground for appeal specified in the notice of appeal the service
authority which made the contribution plan in relation to which the condition is deemed to be imposed is
joined as a party to the appeal.
"(5) The lodging of an appeal under this Part shall not prevent the consent authority against whose
determination the appeal was lodged from making a determination in respect of the application under
section 52, 57 or 58 at any time before the determination of the appeal by the Appeals Tribunal
and where such a determination is made by the consent authority -
(a) the first appeal lodged under this section lapses;
(b) all fees paid in respect of the first appeal shall be refunded;
(c) subject to this Part, a person may make a subsequent appeal ("the subsequent appeal")
against the determination of the consent authority in accordance with this Part; and
(d) the Appeals Tribunal may admit such evidence provided in respect of the first
appeal as is admissible in accordance with this Part in relation to the subsequent
appeal.".
Mr Bailey moved - That the following proposed new clauses be inserted in the Bill -
"99A. CONSENT AUTHORITY TO ADVISE OF APPEAL OR APPLICATION FOR A VARIATION
"(1) On receiving an application for a variation of a condition of a development permit under section
58(1) or notice of an appeal under section 100, the consent authority shall, in the prescribed form,
notify each person who made a submission under section 50(3) that an application for a variation or that an
appeal has been lodged.
"(2) A notification shall be accompanied by details of the application for variation or the grounds of the
appeal and shall contain a statement that the person may appear before the Tribunal as a third-party.
"99B. THIRD PARTY MAY APPEAL
"(1) A third-party may appeal against a determination under section 52 or a variation under
section 58(2), as if the third-party were a party to the original development application.
"(2) Notwithstanding subsection (1), where, in the opinion of the President, an appeal by a third-party
is frivolous or vexatious, the President may dismiss the appeal.
"(3) The Tribunal shall as soon as is practicable, but in any event not later than 2 months after
receiving an appeal by a third-party, determine an appeal made under this section.
"(4) Subsection (3) does not apply where an appeal by a third-party is consolidated under section 110(i)
with an appeal other than by another third-party.
"99C. THIRD PARTY MAY APPEAR AT APPEAL
"A third-party may appear before the Tribunal on the hearing of an appeal under section 103.".
Debate ensued.
Proposed new clauses negatived.
Clause 100 read.
On the motion of Mr Hatton the following amendment was agreed to -
Insert at the end of subclause (2) "or, where a service authority is joined as a party by section
99(4), on the service authority.".
Clause 100, as amended, agreed to.
Clause 101 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (2) "Submissions" and insert in its stead "Where an appeal is lodged other than in
respect of a condition which may be appealed against in pursuance of section 99(4), submissions".
Clause 101, as amended, agreed to.
Clause 102 agreed to.
Clause 103 read.
Mr Bailey moved the following amendment -
Omit from subclause (7) "the parties" and insert in its stead "the parties and the Minister".
Amendment negatived.
Mr Bailey moved the following further amendment -
Omit subclause (8).
Amendment negatived.
Clause 103 negatived.
On the motion of Mr Hatton the following new clause was inserted in the Bill -
"103. DETERMINATION BY APPEALS TRIBUNAL
"(1) The Appeals Tribunal shall hear and determine each appeal made to it under this Part.
"(2) The Appeals Tribunal shall not make a determination except in respect of a ground for appeal
specified in the notice of appeal or altered in accordance with section 110(e).
"(3) The Appeals Tribunal, for the purposes of hearing and determining an appeal in respect of a
development application other than -
(a) an appeal in pursuance of section 99(4); or
(b) an appeal in respect of an application under section 57 or 58,
shall take into account the matters specified in section 51.
"(4) The Appeals Tribunal shall not make a determination which, in its opinion, conflicts with a
land use objective relating to the land in respect of which the determination is made unless the Minister
agrees, in writing, to it making such a determination.
"(5) Subject to subsection (6), the Appeals Tribunal shall, in writing, determine an appeal by -
(a) confirming the determination of the consent authority;
(b) altering the determination of the consent authority; or
(c) substituting its own determination for that of the consent authority,
against whose determination the appeal is lodged and may -
(d) except in respect of an appeal in respect of an application under section 57 or
58, revoke a development permit issued by the consent authority;
(e) order the consent authority to issue or amend a development permit; and/or
(f) specify the conditions, if any, to which the issue or amendment of the development
permit under paragraph (e) is subject.
"(6) Where an appeal is lodged in pursuance of section 99(4), the Appeals Tribunal may determine the
appeal only by determining that -
(a) all or some contribution paid or payable by the appellant is to be refunded or
remitted; or
(b) no contribution paid or payable by the appellant is to be refunded or remitted,
and where it determines that all or some contribution should be refunded or remitted, the amount determined
to be payable is deemed to be a condition of the permit in substitution for the condition which would
otherwise be deemed to be imposed on the permit under section 29.
"(7) The Appeals Tribunal shall give written reasons for, and maintain a record of, its determinations.
"(8) The Appeals Tribunal shall make available for inspection and purchase by the public, copies of all
determinations made by the Tribunal, together with the written reasons given under subsection (7).
"(9) The Appeals Tribunal shall cause to be served on the parties a copy of the determination and its
reasons for making the determination.
"(10) A determination of the Appeals Tribunal, other than a determination under subsection (6) is
deemed to be -
(a) the final decision of the consent authority against whose determination the
appeal was lodged; or
(b) where the determination is made in respect of a condition which may be appealed
against in pursuance of section 99(4), the final decision under section 32(d) of the
service authority joined as a party to the appeal in accordance with section 99(4).
"(11) A consent authority or a service authority shall comply with an order of the
Appeals Tribunal.".
Clauses 104 and 105, by leave, taken together and agreed to.
Clause 106 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (7) all the words following "subsection (6)".
Clause 106, as amended, agreed to.
Clauses 107 to 109, by leave, taken together and agreed to.
Clause 110 read.
On the motion of Mr Hatton the following amendment was agreed to -
Insert in paragraph (h) after "person" the words "who has made a submission under section 50(3) or any
other person".
Mr Bailey moved the following amendment -
Insert after paragraph (j) the following:
"(k) if more than one appeal has been made in respect of the same determination under section
50(3) or the same variation under section 58(2), order the consolidation of those appeals
on such terms as it thinks fit; or".
Amendment negatived.
Clause 110, as amended, agreed to.
Clauses 111 to 114, by leave, taken together and agreed to.
Clause 115 read.
On the motion of Mr Hatton the following amendment was agreed to -
Insert after "Supreme Court" the word "only".
Clause 115, as amended, agreed to.
Mr Bailey moved - That the following proposed new clause be inserted
in the Bill -
"115A. MINISTER MAY OVERRULE DETERMINATION
"(1) The Minister may, within 28 days after receiving it, accept, reject or vary the determination
of the Tribunal.
"(2) The Minister shall, in exercising his or her power under subsection (1), take into account the
matters specified in section 51.
"(3) As soon as practicable, but not later than 28 days after making a determination under subsection
(1), the Minister shall by notice in writing to the Tribunal and to the parties to the appeal, advise them
of his or her reasons for the decision.
"(4) The Minister shall cause a determination under this section to be notified in the Gazette.".
Proposed new clause negatived, after debate.
Clause 116 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (3)(b)(i) "control plan" and insert in its stead "land use objective, a control
plan or an interim development control order".
On the motion of Mr Hatton the following further amendment was agreed to -
Add at the end the following:
"(4) A certificate issued under this section may certify that the requirements of this Act have been
complied with in respect of the development of land notwithstanding that all stages of the development
permitted under the development permit have not been completed in relation to the balance of that land, if
a condition of the permit referred to in section 54 permits the development the subject of the application
to be completed in stages.".
Clause 116, as amended, agreed to.
Clause 117 agreed to.
Clause 118 read.
Mr Bailey, by leave, withdrew amendment scheduled 145.17 standing in his name.
Clause 118 agreed to.
Clauses 119 to 128, by leave, taken together and agreed to.
Clause 129 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit "'Planning Appeals Committee'" and insert in its stead "'former Appeals Committee'".
Clause 129, as amended, agreed to.
Clause 130 read.
On the motion of Mr Hatton the following amendments, by leave, were taken together and agreed to -
Insert in paragraph (c) after "by the Territory" the words "and may be continued in the name of the
Planning Authority."; and
Omit from paragraph (c) all words after "against the Territory".
Clause 130, as amended, agreed to.
Clauses 131 and 132, by leave, taken together and agreed to.
Clause 133 read.
On the motion of Mr Hatton the following amendment was agreed to -
Insert at the end "but section 9(1) does not apply to such an objective.".
Clause 133, as amended, agreed to.
Clause 134 agreed to.
Clause 135 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit "deemed to be a control plan" (twice occurring) and insert in its stead "deemed to be a control plan
or a control plan amendment, as the case may be,".
Clause 135, as amended, agreed to.
Clause 136 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit subclause (2) and insert in its stead the following:
"(2) Where an application was, before the commencement date, received under section 71 of the
former Act, but was not determined under section 72 of that Act, it is deemed to be an application made under
section 47 of this Act.".
Clause 136, as amended, agreed to.
Clause 137 agreed to.
Clause 138 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit subclause (3) and insert in its stead the following:
"(3) A final decision of the former Appeals Committee by virtue of section 147 of the former Act
is not subject to an appeal under section 99 of this Act.".
Clause 138, as amended, agreed to.
Clauses 139 to 143, by leave, taken together and agreed to.
Clause 144 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit "under section 31(2)(a)(i)" and insert in its stead "under section 31(2)".
Clause 144, as amended, agreed to.
Clauses 145 and 146, by leave, taken together and agreed to.
Clause 147 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit from subclause (4) "Planning".
Clause 147, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
Planning (Consequential Amendment) Bill 1993 (Serial 280):
Clause 1 read.
On the motion of Mr Hatton the following amendment was agreed to -
Omit "(Consequential Amendment)" and insert "(Consequential Amendments)".
Clause 1, as amended, agreed to.
Clauses 2 and 3, by leave, taken together and agreed to.
Schedules 1 and 2, by leave, taken together.
On the motion of Mr Hatton the following amendment was agreed to -
Omit Schedules 1 and 2 and insert in their stead the following:
"SCHEDULE 1
Section 3(1)
__________________________________________________________________
Provision Amendment
__________________________________________________________________
omit substitute
____________________________________________
Control of Roads
Act
Section 7 'subject to section 'subject to section 99' 65'
Crown Lands Act
Section 3
- definition of the whole definition
'planning
instrument'
- definition of the whole definition '"Conservation
'Conservation Commission" means
Commission' the Conservation
Commission of the
Northern Territory
established by
section 9(1) of the
Page 782
Conservation
Commission Act;
'"control plan" has
the same meaning
as in the Planning
Act;'
Section 44(1) 'Part V' 'Part 7'
Section 44(9)(a) 'Part V' 'Part 7'
Cullen Bay Marina
Act
Section 3(2)(e) 'a certificate of the 'a certificate
Planning Authority issued under section
within the meaning of' 116 of'
Energy Pipelines
Act
Section 15(2)(c) 'planning instrument 'control plan within
made under Part III' the meaning'
Lands Acquisition
Act
Section 4
- definition of 'planning instrument' 'control plan'
'reserved land' (twice occurring)
Rule 5(1)(a) 'reserved by a planning 'reserved by a
of Schedule 2 instrument under the control plan made or
Planning Act, or a deemed to be made
town planning scheme under the Planning
deemed by section 167 Act'
of that Act to be a
planning instrument
under that Act'
Rule 5(1)(b) 'draft planning 'proposed control
of Schedule 2 instrument' plan or draft control
plan amendment'
'Part IX of'
Rule 5(2) 'planning instrument, 'control plan,
draft planning instru- proposed control
ment or proposals for plan or draft control
the town planning plan amendment'
scheme'
Local Government
Act
Section 128(1)(a) 'section 99' 'section 65'
Page 783
Nitmiluk (Katherine
Gorge) National
Park Act
Section 5(5) the whole subsection '(5) Notwithstanding
subsection (4), the
lease and any
addition to the park
under section 7, is
not a subdivision or
consolidation for the
purposes of the
Planning Act.'
Palmerston
Development
Authority Act
Repeal Act
Section 4(1) 'section 7' 'section 67'
- definition of
'Planning
Authority'
Section 10(1) 'planning instrument' 'control plan'
Real Property Act
Section 101(1) 'Part V' 'Part 7'
Section 101(3)(a) 'section 99(2) and 'section 65(1) and
(7)' (5)'
Section 101(4) 'consent to a sub- 'development permit
division has lapsed in respect of a sub-
under section 101' division has lapsed
under section 56'
Section 101(4A) 'section 94' 'section 52'
Special Purposes
Leases Act
Section 4(3) 'planning instrument' 'control plan'
Section 9A 'Part V' 'Part 7'
Unit Titles Act
Section 4
- definition of
'stage' 'section 96' 'section 116'
'of Part V'
Section 8A the whole section
Page 784
Section 16(1) 'planning instrument' 'control plan'
(d)(i) (twice occurring)
Section 16(1) 'instrument' 'control plan'
(d)(ii)
Section 21B(2) 'planning instrument' 'control plan'
(c)(ii)
Section 26B(3)(b) 'instrument of deter- 'statement of the
mination issued under reason for the deter-
section 113(1)' mination issued under
section 52'
Section 26G(3) 'unconditional 'unconditional
approval under consent under
section 45' section 52'
Section 26J(2)(b) 'section 113(1)' 'section 52'
Section 26Q(3)(c) 'instrument of deter- 'development permit
mination issued under issued under section
section 95(1)' 52'
Section 26U(4) 'section 94(1)' 'section 52'
Section 26W(2)(b) 'instrument of deter- 'development permit
mination under under section 52'
section 95(1)'
Yulara Tourist
Village Management
Act
Section 16(2) 'section 94' 'section 52'
_______________________________________________________ ___________
_______________________
SCHEDULE 2
Section 3(2)
Provision Amendment
__________________________________________________________________
omit substitute
____________________________________________
Fisheries
Regulations
Regulation
145(1)(b), 'planning instruments' 'control
plans'
162(2)(b) and
200(2)
Jabiru Town
Development
(Caravan Parks)
Regulations
Page 785
Regulation 10(1) 'a consent determin- 'a development
ation permit'."
__________________________________________________________________
_______________________
_____________
Title agreed to.
Bill to be reported with amendments.
____________________
The Speaker (Mr Dondas) resumed the Chair; the Deputy Chairman (Mr Collins) reported accordingly; and the reports
were adopted.
The Minister for Lands, Housing and Local Government (Mr Hatton) moved - That the Bills be now read a third time.
Debate ensued.
Question - put and passed.
The Bills were read a third time and passed to be proposed laws.
10. ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly do now adjourn.
Debate ensued.
Papers tabled: The Member for Nhulunbuy (Mr Stirling), by leave, laid on the Table the following Papers -
Letter, Ray Rogers, Engineering Manager, Refrigerators and Freezers, Email Woodville Refrigeration Division to John Tobin,
CEO Opposition Leader NTG, dated 24 November 1993; and
Letter, Bruce Bailey, State Manager, Vulcan Chef to Brian Ede, Opposition Leader, dated 2 November 1993.
Debate continued.
Question - put and passed.
The Assembly adjourned at 11.26 p.m. until tomorrow at 10.00 a.m.
====================
PAPERS:
The following Papers were deemed to have been presented on Tuesday 30 November 1993:
Annual Reports:
Department of Law, 1992-93
National Road Trauma Advisory Council, 1992
Hospital Management Boards:
Gove District Hospital Management Board, 1992-93
Katherine Hospital Management Board, 1992-93
Tennant Creek Hospital Management Board, 1992-93.
====================
ATTENDANCE:
All Members attended the sitting
Last updated: 04 Aug 2016