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

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o Completion Bond – Bond taken as security to ensure completion of developmentworks by <strong>the</strong> date in <strong>the</strong> Development Permit; <strong>and</strong>o Combined Uncompleted Works <strong>and</strong> Maintenance Bond – taken as security to ensurecompletion of outst<strong>and</strong>ing works when early endorsement of Survey Plans is soughtprior to practical completion.As a result of efficient procedures (including in relation to parallel processes for inspections),<strong>and</strong> <strong>the</strong> security of significant bonds, certificates of occupancy <strong>and</strong> registered title are able tobe issued on <strong>the</strong> same day. The Review recommends, in <strong>the</strong> context of plans for greaternumbers of unit titled properties in <strong>the</strong> future, <strong>the</strong> Government adopt equivalent processes asa matter of urgency in <strong>the</strong> ACT.Critical InfrastructureA number of Australian states have specific legislation to permit timely <strong>and</strong> well coordinatedassessment of infrastructure development judged to be of critical public importance. There isno assessment legislation specific to critical infrastructure in <strong>the</strong> ACT. This situation maybecome more significant in <strong>the</strong> near future in relation to projects such as <strong>the</strong> Majura Parkway,fur<strong>the</strong>r stages in <strong>the</strong> Molonglo l<strong>and</strong> release, data centres, Commonwealth defence forcefacilities, o<strong>the</strong>r major road upgrades etc.Currently, proposed critical infrastructure developments would be assessed by ACTPLAunder <strong>the</strong> Planning Act, often through <strong>the</strong> impact assessment track. Under this Act fixeddocumentation, timeframes <strong>and</strong> o<strong>the</strong>r procedural requirements apply for application <strong>and</strong>assessment <strong>and</strong> <strong>the</strong> matter is subject to ACAT merit review. Where <strong>the</strong> Planning <strong>Minister</strong>exercises <strong>the</strong> option to “call in” a proposed development, <strong>the</strong> <strong>Minister</strong> becomes <strong>the</strong> decisionmaker <strong>and</strong> <strong>the</strong>re is no right of merit review. Timeframes <strong>and</strong> procedures remain largelyunaltered. The project may also require assessment, referral advice <strong>and</strong>/or authorisation byo<strong>the</strong>r agencies under o<strong>the</strong>r legislation such as <strong>the</strong> Environment Protection Act 1997, HeritageAct 2004, Tree Protection Act 2005, <strong>and</strong> Nature Conservation Act 1980.New critical infrastructure development type legislation along <strong>the</strong> lines of those adopted byo<strong>the</strong>r jurisdictions would enhance <strong>the</strong> effective <strong>and</strong> timely delivery of critical infrastructurefor <strong>the</strong> ACT. It would enable <strong>the</strong> government of <strong>the</strong> day to resolve competing requirementsin different pieces of legislation which may be likely to ei<strong>the</strong>r frustrate or delay importantprojects.The critical infrastructure process would only be available for construction of Government orpublic infrastructure to ensure timely delivery in <strong>the</strong> broad public interest. In addition to <strong>the</strong>public infrastructure test, o<strong>the</strong>r criteria could include significant economic, social, cultural orenvironmental importance to <strong>the</strong> Territory <strong>and</strong> importance to achieving public policyobjectives or strategies.Administrative Arrangements Changes: 194

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