2015-10-13 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                         13 OCTOBER 2015


Chapter 6 Dispute resolution
Part 3 Appeals to tribunal, Item 242 Conversion applications; and
Part 4 Appeals to P&E Court, Item 253 Conversion applications:
  Item (1) – The conversion application has already undergone the assessment process
  under Local Government resolutions as governed by State regulation. A decision under
  this process should therefore be binding and not subject to further appeal. Furthermore,
  the clause provides an open ended avenue of appeal as there are no grounds provided
  on the basis for making such an appeal against the refusal that has already followed due
  process.


Chapter 8 Transitional provisions and repeal
Clause 320 Infrastructure charges notices
  Item (2) – The statement “before or after” is confusing & unclear.
  •   if a notice relates to an approval that is changed or extended before the old act is
      repealed then surely it has already been finalised under the old Act & should
      continue to apply under 320 Item (1) & Item 321.
  •   Only “after” should apply to Item (2)
Clause 321 Levied charges
  Item (2) – Ok but should change “after 3 July 2014” to “from 4 July 2014” for simplicity &
  consistency in referencing the stated legislative date.
Clause 323 Infrastructure charges resolutions
  Item (1) appears a bit confusing as a PIP is also taken to be a LGIP under the old act.
  Item (4)(b) - The date for having a LGIP has been automatically extended to 1 July 2018
  without the need for an application to the Minister to extend.
  Suggest proposed amendment to SPA in “Local Government and Other Legislation
  Amendment Bill” is also changed to match this bill for consistency & simplicity.
Clause 326 Infrastructure conditions—change or extension approval
  Item (5) – The statement “ before or after” is confusing & unclear.
  •   if a notice relates to an approval that is changed or extended before the old act is
      repealed then surely it has already been finalised under the old Act & should
      continue to apply under 320 Item (1) & Item 321.
  •   Only “after” should apply to Item (5)




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