Highways (Works for Residential Developments) Amendment Bill

Second Reading

The Hon. C.M. SCRIVEN (Minister for Primary Industries and Regional Development, Minister for Forest Industries) (17:01): I move:

That this bill be now read a second time.

I seek leave to insert the second reading explanation and explanation of clauses into Hansard without my reading them.

Leave granted.

I am pleased to introduce the Highways (Works for Residential Developments) Amendment Bill 2024 which amends the Highways Act 1926. The introduction of this Bill aims to avoid situations where the Government needs to step in, undertake works and construct for common infrastructure at residential developments at a cost.

The introduction of this Bill supports the announcement by the Premier, Hon Peter Malinauskas MP, in August 2023, for this Government to provide an infrastructure solution to ensure builders could complete work on 20 unfinished homes in O'Halloran Hill after the builder Felmeri Builders and Developers Pty Ltd (formerly known as Felmeri Homes) entered into liquidation.

The Bill provides the Commissioner of Highways (the Commissioner) with the power to undertake prescribed works on residential developments, on approval from the Minister for Infrastructure and Transport, after notice has been provided to the relevant council and the landowners.

Prescribed works includes roadworks, and the supply of water, gas, telecommunications, provision of stormwater, wastewater, sewerage management or other facilities and services prescribed by the regulations.

The Bill allows the Commissioner to recover the costs of these works from either the:

Relevant developer being the person granted development authorisation under the Planning, Development and Infrastructure Act 2016 or the Development Act 1993, or any other person that is in the opinion of the Minister for Infrastructure and Transport, responsible for undertaking the development and can include any related body corporate.

Relevant council provided the council was the relevant authority for the development under the Planning, Development and Infrastructure Act 2016, or the Development Act 1993, and the development on the land is for residential purposes.

The Bill also restricts the council from passing on the costs to ratepayers, by restricting recovering through a rate, charge, levy, fee or other mechanism.

The Bill also provides the Commissioner with the authority to undertake these works without the need for a licence agreement from the community corporation, which occurred in O'Halloran Hill.

I seek the support of Members to progress the Bill through the House as expeditiously as possible.

I commend the Bill to the Council.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

Part 2—Amendment of Highways Act 1926

3—Amendment of section 26—Powers of Commissioner to carry out roadwork etc

This clause amends section 26 so that the Commissioner is authorised to carry out prescribed works in a designated residential development area (both of which are defined). Power to recover costs for such works is provided for. The opening and closing of roads in designated residential development areas is also provided for. The clause provides for the Minister (by notice in the Gazette) to designate an area as a designated residential development area. The clause also provides an exemption from the application of the Planning, Development and Infrastructure Act 2016 for prescribed works carried out by the Commissioner in a designated residential development area.

4—Amendment of section 27F—Power of entry on land

5—Amendment of section 32—Application of Highways Fund

These amendments are consequential.

Debate adjourned on motion of Hon. L.A. Henderson.