HANSARD
SITTING CALENDAR
SEARCH
LIVE BROADCAST
Hansard Dynamic Subject Index
House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2025-10-28 Daily Xml
Contents
Xml

Highways (Works for Residential Developments) Amendment Bill

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 3, page 3, line 14 [clause 3(4), inserted subsection (9a)]—After 'may' insert ', with the approval of the Minister,'

No. 2. Clause 3, page 3, line 16 [clause 3(4), inserted subsection (9a)(a)]—Before 'the council' insert 'in the circumstances referred to in subsection (9ab)—'

No. 3. Clause 3, page 3, line 17 [clause 3(4), inserted subsection (9a)(b)]—Delete 'with the approval of the Minister—'

No. 4. Clause 3, page 3, after line 18 [clause 3(4), after inserted subsection (9a)]—Insert:

(9ab) For the purposes of subsection (9a)(a), the circumstances are where—

(a) the State Planning Commission issued a certificate for the division of land under section 138 of the Planning, Development and Infrastructure Act 2016 in relation to development in the designated residential development area approved under that Act; and

(b) in connection with the issuing of the certificate, the council advised the State Planning Commission that—

(i) any common driveway or private road (including all access points to and from the common driveway or private road) set out in the approved plans for the development had been constructed; or

(ii) the applicant for the development had entered into a binding arrangement, supported by adequate security, with the council for the satisfaction of (among other things) the requirement to construct the common driveway or private road; and

(c) the advice referred to in paragraph (b) was incorrect.

(9ac) Before giving an approval under subsection (9a)(a), the Minister must—

(a) give notice to the council for the district in which the area is located of the proposed approval (which must set out details of the circumstances referred to in subsection (9ab) in relation to the development to which the proposed approval relates) inviting the council to comment on the proposed approval within a period of not less than 30 days from receipt of the notice specified by the Minister; and

(b) take into account any response received from the council.

No. 5. Clause 3, page 3, after line 31 [clause 3(4), after inserted subsection (9e)]—Insert:

(9f) Any expenses and interest recovered or recoverable by the Commissioner under subsection (9a) in the circumstances referred to in subsection (9ab) may, if the relevant council considers that any error or omission in advice referred to in that subsection occurred as a result of an act or omission of the relevant developer or another person, be recovered by the council from that relevant developer or other person.

No. 6. Clause 3, page 4, after line 3 [clause 3(5), after inserted subsection (15)]—Insert:

(15a) If the Commissioner varies a plan to open or close a road in connection with prescribed works carried out by the Commissioner for a development in a designated residential development area, the Commissioner must, as soon as reasonably practicable after completion of the prescribed works, vary the plan so that it is in accordance with the plans and specifications for the road approved in the development authorisation.

No. 7. Clause 3, page 4, line 31 [clause 3(4), inserted subsection (19)(c)]—Delete 'appropriate' and substitute 'reasonably necessary'

PARLIAMENTARY BUSINESS
MEMBERS
GET INVOLVED
ABOUT PARLIAMENT
VISIT
LEGISLATIVE COUNCIL
HOUSE OF ASSEMBLY
CONTACT