Legislative assembly for the australian capital territory
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- Tuesday, 4 August 2015
- Petitions
- Ministerial response
- Giralang shops—petition No 3-15
LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY HANSARD Tuesday, 4 August 2015 2 Petitions 2 Lyneham—urban open space—petition No 9-15 2 Ministerial response 2 Giralang shops—petition No 3-15 2 Estimates 2015-2016—Select Committee 3 Report 3
Justice and Community Safety—Standing Committee 8 Scrutiny report 34 8 Leave of absence 8 Administration and Procedure—Standing Committee 8 Report 6 8 Planning, Environment and Territory and Municipal Services—Standing Committee 10 Report 8 10 Planning, Environment and Territory and Municipal Services—Standing Committee 11 Report 9 11 Ministerial delegations to China and Singapore 12 Ministerial statement 12 National disability insurance scheme—implementation report 21 Ministerial statement 21 Melaleuca Place—anniversary 23 Ministerial statement 23 Liquor Amendment Bill 2015 28 Energy Efficiency (Cost of Living) Improvement Amendment Bill 2015 41 Sitting suspended from 12.32 to 2.30 pm. 46 Questions without notice 46 Construction industry—alleged bullying 46 Construction industry—alleged bullying 47 Transport—light rail 48 Health—infrastructure 49 Planning—variations 52 Schools—autism 53 Transport—light rail 54 Capital works—projects 55 Schools—safety 56 Papers 59 Legislative Assembly delegation to Taiwan 59 Paper and statement by Speaker 59 Papers 60 Legislation program—spring 2015 61 Paper and statement by minister 61 Committee reports—government responses 62 Papers 62 Papers 62 Financial Management Act—instruments 65 Paper and statement by minister 65 Papers 65 Planning and Development Act 2007—variations Nos 309 and 327 to the territory plan 67 Papers and statement by minister 67 Planning and Development Act 2007—variation Nos 321, 331, 337 and 347 to the territory plan 69 Papers and statement by minister 69 Papers 74 Public housing 81 Discussion of matter of public importance 81 Energy Efficiency (Cost of Living) Improvement Amendment Bill 2015 94 Water Resources (Catchment Management Coordination Group) Amendment Bill 2015 98 NRMA-ACT Road Safety Trust Repeal Bill 2015 103 Adjournment 108 Sport—racism 108 ACT Telstra business awards 109 Sport—racism 111 DonateLife Week 112 Netball World Cup 113 Greenhills Centre 116 Lions Club Gungahlin 117 The Assembly adjourned at 5.49 pm. 118 Tuesday, 4 August 2015MADAM SPEAKER (Mrs Dunne) took the chair at 10 am, made a formal recognition that the Assembly was meeting on the lands of the traditional custodians, and asked members to stand in silence and pray or reflect on their responsibilities to the people of the Australian Capital Territory. PetitionsThe following petition was lodged for presentation, by Mr Rattenbury, from 1,553 residents: Lyneham—urban open space—petition No 9-15To the Speaker and Members of the Legislative Assembly for the Australian Capital Territory The following residents of the Australian Capital Territory draw to the attention of the Assembly the potential loss of Urban Open Space (PRZl) in Lyneham through sub-leasing and development, in particular by the current proposal to sub-lease and develop Lyneham Neighbourhood Oval. Your petitioners, therefore, request the Assembly to prevent further loss of Lyneham’s Urban Open Space by (1) not entering into further sub-leases of Urban Open Space to any business enterprise, (2) not allowing further development on Urban Open Space by any business enterprise, and (3) not rezoning any land currently zoned Urban Open Space for the benefit of any business enterprise. The Clerk having announced that the terms of the petition would be recorded in Hansard and a copy referred to the appropriate minister for response pursuant to standing order 100, the petition was received. Ministerial responseThe Clerk: The following response to a petition has been lodged by a minister: By Mr Gentleman, Minister for Planning, dated 23 July 2015, in response to a petition lodged by Mr Coe on 5 May 2015 concerning Giralang Shops. The terms of the response will be recorded in Hansard. Giralang shops—petition No 3-15The response read as follows: I understand the petition brings to the attention of the Assembly that Giralang has been without local shops for a decade, and that the petitioners request the Assembly to express their support for the completion, without further delay, of the full approved development of the shops currently under construction. Further, they call upon the Assembly to enact legislation, if necessary, to limit further legal appeal by those opposing the development. The redevelopment of Giralang shops is currently subject to judicial review in the ACT Court of Appeal. This matter has been the subject of an ongoing and drawn out appeal since its approval during 2011. Initially the matter was appealed in the ACT Supreme Court, then in the ACT Court of Appeal, and eventually in the High Court. On 10 December 2014, the High Court ordered that the matter be remitted to the ACT Court of Appeal for further hearing on limited grounds. The submissions which the parties will make at the re-hearing by the Court of Appeal are now limited to a narrow point of providing the Court with an update in relation to the cases since 2013, relied upon by each of the parties. Parties to the matter already made written submissions, and the matter is now listed for one day of hearing on 30 July 2015. I expect that the re-hearing by the Court of Appeal will bring final resolution to this long-standing matter. In its submissions, the ACT government has made all possible efforts to emphasise the significant delays caused by the legal action, and the resultant impacts on the Giralang community. When Minister Corbell used his call-in powers on 17 August 2011 to approve the redevelopment of Giralang shops, the ACT government already showed its support for the development. It is open to the Assembly to “express their support for the completion, without further delay, of the full approved development of the shops currently under construction” as suggested in the petition. However, the timing of the decision of the Court of Appeal, after its hearing of the matter on 30 July 2015, is fundamentally in the hands of the Court. Limitations on third party appeal rights are already in place in the ACT, and would not have prevented a judicial review appeal of this matter in the ACT Supreme Court, the ACT Court of Appeal, or the High Court. Judicial review of matters before the High Court is simply beyond the statutory jurisdiction of the Assembly. I appreciate and welcome Mr Coe’s openness to resolve this matter by other legislative means should the current legal process continue for an unreasonable timeframe. I will consider other available legislative avenues should this matter not be resolved through the upcoming decision of the Court of Appeal. Directory: data -> assets -> word doc -> 0012 word doc -> List of accessible executive records word doc -> National Industrial Chemicals Notification and Assessment Scheme word doc -> This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the Commonwealth word doc -> Commonwealth of Australia 2002 word doc -> Commonwealth of Australia 2000 word doc -> Priority Existing Chemical word doc -> Rail safety news issue 6 – October 2011 word doc -> Review of Multiple Chemical Sensitivity: Identifying 0012 -> Sample Assessment Tasks 0012 -> Government Gazette issn-0157-833x no. R2 21 April 2016 Architects Act Download 480.04 Kb. Share with your friends:
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