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Planning – Crown Land Consent


Rosalie Woodruff MP

Rosalie Woodruff MP  -  Wednesday, 25 November 2020

Tags: Planning, Crown Land

Dr WOODRUFF - The Building and Construction (Regulatory Reform Amendments) Bill passed on 15 October. Within that there was an amendment to Crown land leases and landholder consent. I read from the Hansard from Mr Ferguson's second reading speech -

As it currently stands if a person wants to undertake a project on crown land they need to enter into a lease or licence before landholder consent will be granted. Council will not currently consider a development application unless the proponent can prove that they have landholder consent from the Crown.

This is a very important topic to have clarity on. There are a number of times where councils are to proceed on development applications that include Crown land for development and the change that has been proposed effectively enables Crown land to enter into a lease and licence agreement before the development application has been approved by council. It is a step up from the existing situation of provisional approval.

Isn't this more of a commitment from Crown Land Services prior to a development being approved by council that they will be going ahead with a developer on leasing and licensing agreements because there is a commitment, a contractual signing off of a commitment on both of those things before the development application has been to council? Isn't it the case that it is more of a commitment that makes it more difficult for Crown land to do anything other than hand over publicly owned land for a development even when it has not been through council?

Mr JAENSCH - This is a question for me in another capacity regarding Crown land and landholder consent.

Dr WOODRUFF - I ask it now because of the council side of things. Ralphs Bay jetty was a recent example where the community wanted to know if it could be ruled out in the first stage and were told it was provisional that the change -

CHAIR - Dr Woodruff, let the minister answer the question, please.

Dr WOODRUFF - I was making sure that he understood the change that has happened.

Mr JAENSCH - The arrangement is that stages in a development assessment where Crown land is involved, the evidence of landholder consent is required for the proposal to be able to proceed through the DA process.

Importantly, as I understand it, as I am advised, the consent is not for the development to proceed. It is consent for the development application to be prepared and assessed. As in the case that you mentioned regarding a jetty, the development of a DA can also serve the purpose of bringing to light a range of information which can then be used by the landowner to determine if it is prepared to proceed with the development if it is approved.

In the case of the jetty at Sandford you are referring to, the DA did not receive approval from the council?

Dr WOODRUFF - That is right.

Mr JAENSCH - As I understand it, the decision was also able to be made that the proposal wouldn't be accepted for further assessment and lease and licence either, based on the information provided through the DA process.

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Dr WOODRUFF - Because it was knocked back by council?

Mr JAENSCH - No, because of the information that was included in the DA.