Territory Stories

Debates Day 1 - Tuesday 30 November 1993



Debates Day 1 - Tuesday 30 November 1993

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Parliamentary Record 23


Debates for 6th Assembly 1990 - 1994; ParliamentNT; Parliamentary Record; 6th Assembly 1990 - 1994




Made available by the Legislative Assembly of the Northern Territory





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Legislative Assembly of the Northern Territory

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Attribution International 4.0 (CC BY 4.0)

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Legislative Assembly of the Northern Territory



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DEBATES - Tuesday 30 November 1993 inherent time delays. Proposed new clauses 99A, 99B and 990 show how it is done. Mr Hatton: They do not actually. Mr BAILEY: Mr Chairman, the Parliamentary Counsel drafted these clauses. A number of areas are involved. Where an appeal is to proceed, the consent authority needs to notify people who have actually objected to the original decision to enable them to participate in the appeal process. There is the power for a third party appeal which overcomes all of the problems the minister was concerned about. If the president is of the opinion that an appeal by a third party is frivolous or vexatious, he or she may dismiss the appeal. To overcome the minister's concern about time, a third party has only 12 days in which to lodge an appeal after a decision has been made and, no later than 2 months after receiving such an appeal by a third party, the tribunal must determine the appeal under that section. The minister may like to consider proposed new clauses 99A and 99C. Where a developer lodges an appeal, proposed new clause 99A states that people who have objected to a development application in the first place should be notified, that an appeal has been lodged to attempt to have that decision overturned, to enable them to participate. Proposed new clause 99C will permit them to appear before the tribunal in an appeal about a decision they have already objected to. We know the minister has stated that he will not allow third parties to appeal when the Planning Authority may have made a mistake. However, I hope that he will allow third parties who objected to a development in the first place to participate in the appeal process when that application has been rejected by the Planning Authority and it is the actual applicant who is pursuing the appeal. Mr STONE: Mr Chairman, the member for Wanguri may be able to assist my understanding because I am more than a little curious about his definition of a 'third party'. His amendment schedule describes a 'third party' as a person 'who made a submission to the consent authority under section 50(3) in respect of a development application and who lodges an appeal under section 99B ' - I follow it up to that point - 'or appears before the tribunal in pursuance of section 99B'. Does that mean in fact that there is an open-ended opportunity for all comers to be party to third party appeals? In relation to proposed new clause 99B, by what process does the president determine what is 'frivolous or vexatious'? Is that a matter for a separate hearing that may be subject to separate appeals? What are the likely time frames that would apply? Proposed new clauses negatived. Clause 100: Mr HATTON: Mr Chairman, I move amendment 143.87. This amendment is consequential on new clause 99(*0 inserted by amendment 1*43.86. It provides for a notice of an appeal in respect of a developer contribution to be served on the service authority which is automatically joined as a party to the appeal by new clause 99(*0 Amendment agreed to. Clause 100, as amended, agreed to. 10 684

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