Rod Kemp (Victoria, Liberal Party, Minister for the Arts and Sport) Share this | Hansard source

It means that these matters regarding how we move forward in relation to amendments were under consideration by the government. Therefore, until this matter had been resolved, the ministers felt that it was appropriate to wait for the final outcome of their own consideration before they moved on this particular issue. I think that is perfectly reasonable, Senator Evans. I know it gives you little comfort, but I think that was perfectly reasonable.

Senator Evans, you are worried about the delegating of powers to grant 99-year leases and, among other things, you are concerned that this may inflame the relations between owners and residents. The advice that I have received, Senator Evans—and this confirms your view—is that under the new section 19A of the bill a land trust may grant a lease of a township at the direction of the relevant land council. The bill allows the land council’s power of direction in relation to the granting of township leases to be delegated to committees of the land council but not to an incorporated regional body. My advice is that, consistent with the fact that land councils can delegate decisions about other land use matters, including leasing issues to incorporated regional bodies, this amendment would allow the delegation of decisions on township leases to such bodies.

It is quite possible for example, Senator Evans, that an incorporated body representing an area including a township would be willing to agree to the issuing of a township lease. Given the fact that incorporated bodies will be able to hold powers in relation to other land use matters, it is appropriate that they be able to hold powers in relation to the granting of township leases. The point which I hope will give some comfort to Senator Evans is that township leases will have to be agreed to by the minister—a power which the minister cannot delegate. The delegation to bodies corporate is generally a matter, I understand, for land councils. The ministerial override, which I referred to as a means of review of the land council’s decision, must take into account the land council’s views and the ability of the body to perform the functions. I hope that is an appropriate response, Senator Evans.