Stated Purpose:
The bill’s purpose is to provide an efficient, effective, transparent, integrated and accountable system for planning and development assessment which balances economic growth, environmental protection and community wellbeing.
Native title implications:
The private member's bill removes provisions from the original Planning and Development bill 2014 that allow for development applications to be accepted by the assessment manager without the owner’s consent. This means that a person is not able to put in a development application over a piece of land unless they have the owner’s consent. The bill defines “owner” as a “person who is entitled to receive rent for the premises or who be entitled to receive rent for the premises if the premises were let to a tenant at a rent”. This definition does not appear to extend to native title holders without leasing provisions in place. The bill may therefore have the potential to impact on native title rights and interests where traditional owners have the right to restrict access to their country.
For further information please see the First Reading and the Explanatory Memorandum.