Governing the City State - Chief Minister and Treasury Directorate ...

(l) to provide planning services, including services to entities outside theACT;(m) to review its own decisions;(n) to provide opportunities for community consultation about, andparticipation in, planning decisions;(o) to promote public education and understanding of the planning process,including by providing easily accessible public information anddocumentation on planning and land use.(2) The planning and land authority may exercise any other function given to theauthority under this Act, another territory law or a Commonwealth law.Under section 10, the Chief Planning Executive “is the planning and land authority”(emphasis added).Under section 20:(1) The planning and land authority may delegate—(a) the authority’s functions under this Act or another territory law to apublic servant who is an authority staff member; and(b) the authority’s functions under part 9.11 (Licences for unleasedland) in relation to an area of land to the custodian of the land.(2) The planning and land authority may also delegate the function of grantingleases on behalf of the Executive to the land agency.The operation of these sections of the Planning Act mean that legislative change will likelybe necessary to implement fully either of the options proposed below. Alternativeapproaches involving a combination of Ministerial Directions, Cabinet processes,administrative coordination processes and, in effect, “outposting” ACTPLA staff might beundertaken in the interim, but this approach is not preferred. They are administrativelycomplex and do not engage the fundamental and underlying rigidities in the Planning Act.Nor do they serve to reinforce the line of delineation between independent decision makingon Development Applications and matters of Government policy.The Current ProblemDuring the Review, there was an expressed desire for greater consistency and coherence inthe operation of elements of the ACTPS involved in all aspects of the planning system. Thismust start with clearly expressed strategic priority setting by the Government and clearunderstanding of roles and responsibilities. It must be supported by processes that areconsistent, coherent, and do not include unnecessary revisiting of settled matters. It will beeasier to achieve with fewer agencies involved and with greater alignment and shared pursuitof clearly articulated priorities under a single Minister. It will be achieved more readily ifpolicy documents are comprehensive, clear and consistently interpreted. It should be focusedabove all on building a sustainable future for Canberra.The Canberra Business Council, in its Submission to the Review noted, for example;Administrative Arrangements Changes: 184