Mrs PADGHAM-PURICH - 1995-05-18
I would like to know when the minister intends to prevent abuses of the Planning Act. Currently, the Planning Act is flouted frequently in the Litchfield Shire. There are instances of light industry setting up and continuing to operate in RL1 areas, and more than 50% of the total area of other RL1 and RL2 blocks are cleared completely and without approval. Will the minister undertake to ensure that the Planning Authority uses its teeth in respect of its decisions instead of remaining a toothless, gummy old tiger?
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ANSWER
Mr Speaker, I have addressed these matters previously in the Assembly. Whilst there are many instances of these breaches in the Litchfield Shire, they are by no means confined to the shire. Similar concerns have been raised in relation to certain areas in Alice Springs where allegations have been made that the Planning Authority either does not have the teeth it needs to fulfil its functions, or is not using the teeth it has under the legislation at present.
I have instructed the Planning Authority to issue delegations to planning staff in the Department of Lands, Housing and Local government. The way in which the legislation is drafted means that enforcement actually rests with the Planning Authority, the authority being the members appointed to the authority. In fact, delegations have never been issued to the planning officers in the Department of Lands, Housing and Local Government. Basically, the process that applied was that, if a particular breach of the Planning Act was identified by a resident, by a local government or by a planning officer, they would refer the matter to the Planning Authority which would be required to take specific action. That is obviously a fairly cumbersome and slow process because the Planning Authority does not meet every day. In many areas, it meets only once a month or sometimes once every 6 weeks and, in some locations, it meets only once every 3 months. Once issued with delegations, the planning staff in our department could initiate action where there appeared to be breaches and could refer the matters to the Planning Authority for determination as to whether or not they should be pursued through court processes. That line of action is being implemented and instructions are in place to that effect.
In respect of a number of issues that have been raised by the honourable member in her electorate, there is now a standard. In the past, the Planning Authority sought to negotiate and ask people to desist or to rectify matters. It tried to act in an accommodating manner and negotiate compliance with the planning rules. Unfortunately, however, too many people chose to snub their noses at the law. As a result, I have instructed that we cease being such nice guys and that, where there is a breach of the Planning Act, the department will issue immediately a requirement for rectification within 30 days. If the rectification does not occur, prosecutions will follow for breaches of the planning legislation.
Mrs Padgham-Purich: Who will do this - the delegates in the planning ...
Mr HATTON: The delegated planning staff, and I am fairly certain those delegations are in place. If they are not, I give the honourable member an assurance that they will be by the end of these sittings.
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Page 560
ANSWER
Mr Speaker, I have addressed these matters previously in the Assembly. Whilst there are many instances of these breaches in the Litchfield Shire, they are by no means confined to the shire. Similar concerns have been raised in relation to certain areas in Alice Springs where allegations have been made that the Planning Authority either does not have the teeth it needs to fulfil its functions, or is not using the teeth it has under the legislation at present.
I have instructed the Planning Authority to issue delegations to planning staff in the Department of Lands, Housing and Local government. The way in which the legislation is drafted means that enforcement actually rests with the Planning Authority, the authority being the members appointed to the authority. In fact, delegations have never been issued to the planning officers in the Department of Lands, Housing and Local Government. Basically, the process that applied was that, if a particular breach of the Planning Act was identified by a resident, by a local government or by a planning officer, they would refer the matter to the Planning Authority which would be required to take specific action. That is obviously a fairly cumbersome and slow process because the Planning Authority does not meet every day. In many areas, it meets only once a month or sometimes once every 6 weeks and, in some locations, it meets only once every 3 months. Once issued with delegations, the planning staff in our department could initiate action where there appeared to be breaches and could refer the matters to the Planning Authority for determination as to whether or not they should be pursued through court processes. That line of action is being implemented and instructions are in place to that effect.
In respect of a number of issues that have been raised by the honourable member in her electorate, there is now a standard. In the past, the Planning Authority sought to negotiate and ask people to desist or to rectify matters. It tried to act in an accommodating manner and negotiate compliance with the planning rules. Unfortunately, however, too many people chose to snub their noses at the law. As a result, I have instructed that we cease being such nice guys and that, where there is a breach of the Planning Act, the department will issue immediately a requirement for rectification within 30 days. If the rectification does not occur, prosecutions will follow for breaches of the planning legislation.
Mrs Padgham-Purich: Who will do this - the delegates in the planning ...
Mr HATTON: The delegated planning staff, and I am fairly certain those delegations are in place. If they are not, I give the honourable member an assurance that they will be by the end of these sittings.
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Last updated: 09 Aug 2016