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Environment, Planning and Sustainable Development

ISSUE: Key variations in 2018-19 EPSDD Financial Statements compared to 2018-19 Budget and 2017-18 Financial Statements (Controlled)

Key Information/Background Information

1. Total income

2018-19 2018- Variance to 2017-18 Variance to Actual 19 2018-19 Actual 2018-19 $’000 Original Actual $’000 Actual Budget $’000/ (%) $’000/ (%) $’000 Total 212,695 169,558 43,137 222,063 (9,368) revenue 25% (4%) Total gains 26,106 31,272 (5,166) 76,001 (49,895) (17%) (66%) Total 238,801 200,830 37,971 298,064 (59,263) income 19% (20%)

Comparison to original budget

• higher other revenue ($61.9 million): primarily due to Large-Scale Generation Certificates entitlements recognised by the Directorate. Large-Scale Generation Certificates are budgeted at the Whole of Government level; partly offset by; and

• lower user charges ($17.9 million): primarily due to the 2018–19 Original Budget contemplating sale of dwellings to market by the Public Housing Renewal Taskforce not realised in the actual results for the 2018–19 financial year and now expected to be received in 2019–20.

Comparison to 2017-18 actual

• lower revenue ($18.5 million): primarily due to the lower per certificate value of additional right to receive Large-Scale Generation Certificates in 2018–19 compared with 2017–18.

• lower gains ($43.1 million): primarily due to the longer settlement timeframes granted to accommodate tighter lending guidelines under the Loose-fill Asbestos Insulation Eradication Scheme.

Cleared as complete and accurate: 31/10/2019 Cleared by: Chief Finance Officer Ext: 73042 Information Officer name: Craig Simmons Ext: 76322 Contact Officer name: Lalanka Amarasiri Ext: 79175 Return to Index

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2. Total expenses

2018-19 2018-19 Variance to 2017-18 Variance to Actual Original Budget 2018-19 Actual Actual 2018-19 Actual $’000 $’000 $’000 $’000/ (%) $’000/ (%)

242,670 209,778 32,892 222,936 19,734 16% 9%

Comparison to original budget

• higher employee and superannuation expenses ($3.8 million): primarily due to a higher workers compensation premium and increased salary expense relating to the enterprise agreements;

• higher other expenses ($49.4 million): relates to the reduction in value of Large-Scale Generation Certificates held by the Directorate and expensing of completed assets relating to the Public Housing Renewal Taskforce transferred to Housing ACT;

• lower supplies and services expenses ($9.7 million): primarily due to the 2018–19 Original Budget contemplating $13.3m in Cost of Goods sold associated with the sale of dwellings to market by the Public Housing Renewal Taskforce not realised in the actual results for the 2018–19 financial year, now expected to be recognised in 2019–20; and

• lower transfers to Government expenses ($9.6 million): due to the lower than anticipated gains on the sale of Loose-fill Asbestos Insulation Eradication Scheme land.

Comparison to 2017-18 actual

• higher supplies and services ($11.3 million): due to the increased demolition costs under the Public Housing Renewal Taskforce and expenditure in preparation for relocation to new office accommodation;

• higher employee expenses ($3.4 million): due to higher workers compensation premium and increase salary expenses relating to ACT Government enterprise agreements;

• higher other expenses ($49.9 million): relates to the reduction in the fair value of Large- Scale Generation Certificates due to the market value change per certificate, the revaluation decrement for Biological Assets (ACT Pine Forest) and expensing of completed assets relating to the Public Housing Renewal Taskforce transferred to Housing ACT; offset by

• lower transfers to Government ($43.8 million): due to a decrease in the number of blocks sold resulting in lower gains on the sale of Loose-fill Asbestos Insulation Eradication Scheme land to be transferred back to Government.

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3. Total assets

2018-19 2018-19 Variance to 2017-18 Variance to Actual Original Budget 2018-19 Actual Actual 2018-19 Actual $’000 $’000 $’000 $’000/ (%) $’000/ (%)

663,442 594,103 69,339 735,096 (71,654) 12% (10%)

Comparison to original budget

• higher capital works in progress ($139.1 million): due to progress of the Commonwealth Governments ACT Healthy Waterways project, and delivery of the wider Directorate Capital Works program;

• higher Loose-fill Asbestos Insulation Eradication Scheme land held for sale ($44.5 million) and contaminated land yet to be remediated ($2.8 million): due in part to the longer settlement timeframes granted to accommodate tighter lending guidelines;

• higher receivables ($5.9 million): primarily relating to trade receivables, partially offset by a reduction of loans under the Carbon Neutral Loan Fund; offset by

• lower cash and cash equivalents ($62.6 million): due to expenditure under the ACT Healthy Waterways Project, the Renewable Energy Innovation Fund and Next Generation Storage; and

• lower property, plant and equipment ($60.5 million): largely due to the revaluation of assets conducted at 30 June 2018 resulting in a $52 million decrement, not contemplated in the 2018–19 budget.

Comparison to 2017-18 actual

• a decrease in cash and cash equivalents ($71.1 million): due to expenditure under the Commonwealth Government’s ACT Healthy Waterways Project, Renewable Energy Innovation Fund and Next Generation Storage and a reduction in funds held under the Asbestos and the Public Housing Renewal Taskforce partially offset by an increase in funds held in the Carbon Neutral Loan fund;

• a decrease in Loose-fill Asbestos Insulation Eradication Scheme land held for sale ($61 million): due to land sales progressing in the Asbestos Response Taskforce;

• a decrease in Other assets ($9.3 million): relates to reimbursement of capital expenditure incurred by the Public Housing Renewal Taskforce on behalf of Housing

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ACT. The custodianship of these properties was transferred across to Housing ACT in May 2019;

• a decrease in Property, Plant and Equipment of ($6.9 million): due to the revaluation decrement arising from revaluation of leasehold improvements and infrastructure assets, and 2018–19 depreciation;

• a decrease in Biological assets ($1 million): due to revaluation at 30 June 2019; partially offset by:

• higher capital works in progress ($57.4 million): due to progress of the Commonwealth Government’s ACT Healthy Waterways project, and delivery of the wider Directorate’s Capital Works program; and

• an increase in intangible assets ($17.3 million): due to the recognition of the right to receive additional Large-Scale Generation Certificates, partially offset by a reduction in the fair value of certificates already held.

4. Total liabilities 2018-19 2018-19 Variance to 2017-18 Variance to Actual Original Budget 2018-19 Actual Actual 2018-19 Actual $’000 $’000 $’000 $’000/ (%) $’000/ (%)

96,879 97,271 (392) 100,322 (3,443) 0% (3%)

Comparison to original budget

• Insignificant variance Comparison to 2017-18 actual

• a reduction in Asbestos Response Taskforce provisions of ($7.9 million): due to the progress of demolition work and purchase of asbestos affected homes, partially offset by:

• an increase in revenue received in advance of ($2.1 million): relates to Loose-Fill Asbestos Insulation Eradication Scheme land sales deposits held as at 30 June 2019 for active property sales processes.

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Environment, Planning and Sustainable Development

ISSUE: Key variations in 2018-19 EPSDD Financial Statements compared to 2018-19 Budget and 2017-18 Financial Statements (Territorial) Key Information/Background Information

1. Total income

2018-19 2018-19 Variance to 2017-18 Variance to Actual Original Budget 2018-19 Actual Actual 2018-19 Actual $’000 $’000 $’000 $’000/ (%) $’000/ (%)

44,758 86,377 (41,619) 45,929 (1,171) (48%) (3%)

Comparison to original budget

• Variance of $41.6 million primarily relates to below budget land sales revenue ($31.6 million) and below budget Lease Variation Charge ($14.3 million). Comparison to 2017-18 actual

• lower other revenue ($2.6 million): primarily relates to the reduced land rent payout for 2018-19.

2. Total expenses 2018-19 2018-19 Variance to 2017-18 Variance to Actual Original Budget 2018-19 Actual Actual 2018-19 Actual $’000 $’000 $’000 $’000/ (%) $’000/ (%)

45,110 86,379 (41,269) 45,709 (599) (48%) (1%)

Comparison to original budget

• Variance of $41.3 million mainly due to a lower value of transfers to Government related to below budget land sales and below budget Lease Variation Charge.

Comparison to 2017-18 actual

• Insignificant variance.

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3. Total assets

2018-19 2018-19 Variance to 2017-18 Variance to Actual Original Budget 2018-19 Actual Actual 2018-19 Actual $’000 $’000 $’000 $’000/ (%) $’000/ (%)

199,058 158,613 40,445 121,094 77,964 25% 64%

Comparison to original budget

• higher net book value of leased and unleased land ($59.7m): due to revaluation of leased and unleased rural land undertaken in 2018-19 and;

• higher cash at bank ($9.4 million) offset by;

• lower receivables (28.2 million). Comparison to 2017-18 actual

• higher net book value of leased and unleased land ($68.4m): due to revaluation of leased and unleased rural land undertaken in 2018-19 and;

• higher cash at bank ($9.5 million).

4. Total liabilities

2018-19 2018-19 Variance to 2017-18 Variance to Actual Original Budget 2018-19 Actual Actual 2018-19 Actual $’000 $’000 $’000 $’000/ (%) $’000/ (%)

62,918 82,073 (19,155) 53,034 9,884 (23%) 19%

Comparison to original budget

• higher payables ($19.0 million) to Territory Banking Account. Comparison to 2017-18 actual

• higher payables ($10.1 million) to Territory Banking Account.

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ISSUE: Output Costing Talking points: • Controlled Recurrent Payments (CRP) allocated to outputs is the summation of direct CRP distributed to business units for delivery of outputs and a distribution of Corporate (CRP). Corporate CRP totalling $29.760m is allocated to outputs based on actual employee expenses incurred as a percentage of Directorate employee expenses. • Total Costs allocated to outputs is the summation of direct costs incurred by business units in the delivery of outputs and a distribution of Corporate costs. Corporate costs totalling $36.588m, 11.8% of total Directorate expenses of $310.113m (or $242.670 excluding ART COGS) is allocated to outputs based on actual employee expenses incurred as a percentange of Directorate employee expenses. Output Cost Details

Output Class 1: PLANNING Output 1.1: PLANNING DELIVERY Description: Facilitate and manage growth and change within the ACT through development assessment and leasehold management, with the overarching objective of promoting and facilitating economically productive, sustainable, attractive, safe and well-designed urban and rural environments in the ACT.

Original Target Actual Result 2018-19 2018-19 % Variance Explanation of Material Variances (+/- 5%) TOTAL COST ($'000) $17,472 $17,612 1% CONTROLLED RECURRENT PAYMENTS ($’000) $12,949 $13,082 1% 1.1 Planning Delivery P14 YTD Total Amount Total Expenses 11,810,919 Employee Expenses 10,166,469 Non-Employee Expenses 1,644,449 Total Supplies & Services 1,589,503 Cost Of Goods Sold 0 Other Expenses 34,926 Depreciation 20,000 Total Grants & Purchased Services 21 Corporate Allocation 5,800,856 Total Cost 17,611,774

Cleared as complete and accurate: 31/10/2019 Cleared by: Chief Finance Officer Ext: Contact Officer name: Craig Simmons Ext: Cleared for release Yes Information Officer name: Gary Spencer Ext: 76339 Return to Index

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Output Class 1: PLANNING Output 1.2: PLANNING AND BUILDING POLICY Description: Provision of high quality professional services in strategic land planning; administering the Territory Plan; planning for land release; developing policies for high quality urban design; and policies for buildings, building services, equipment and appliances, and the building and construction industry.

Original Target Actual Result 2018-19 2018-19 % Variance Explanation of Material Variances (+/- 5%) The variance is primarily due to the timing of expenditure associated with TOTAL COST ($'000) $14,836 $11,513 -22% selected Building Policy initiatives during the year. CONTROLLED RECURRENT PAYMENTS ($’000) $14,370 $10,880 -24% The variance is primarily related to the expenditure variance above. 1.2 Building Policy P14 YTD Total Amount Total Expenses 8,223,067 Employee Expenses 5,765,402 Non-Employee Expenses 2,457,665 Total Supplies & Services 2,457,574 Cost Of Goods Sold 0 Other Expenses 91 Depreciation 0 Total Grants & Purchased Services 0 Corporate Allocation 3,289,664 Total Cost 11,512,731

Output Class 2: ENVIRONMENT Output 2.1: ENVIRONMENT Description: Help protect the ACT's natural environment through • the implementation of programs responding to natural resource management as part of the Commonwealth’s National Landcare Program ; • manage, review and implementation of legislation/action plans to help protect land and species; • sustainable use of water, including through implementation of Striking the Balance , the ACT’s Water Strategy; • establish and support an ACT and region catchment management governance framework; • administer the annual funding of the ACT Environment Grants and Rural Grants Program; • regulatory activities to protect and enhance the natural and built environment; and • promotion and involvement of the community in caring for the ACT’s natural environment.

Original Target Actual Result 2018-19 2018-19 % Variance Explanation of Material Variances (+/- 5%) The variance is related to below budget operational expenditure including employee expenses, the primary variation however arises from a revised TOTAL COST ($'000) $17,028 $14,507 -15% output cost allocation model that better reflects the cost of Outputs compared with the original budget. The model has transferred costs to Output 2.2 Land Management. CONTROLLED RECURRENT PAYMENTS ($’000) $13,508 $12,037 -11% The variance is primarily related to the expenditure variance above. 2.1 Environment P14 YTD Total Amount Total Expenses 10,760,272 Employee Expenses 6,566,385 Non-Employee Expenses 4,193,887 Total Supplies & Services 3,824,764 Cost Of Goods Sold 0 Other Expenses 5,397 Depreciation 5,251 Total Grants & Purchased Services 358,476 Corporate Allocation 3,746,694 Total Cost 14,506,966

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Output Class 2: ENVIRONMENT Output 2.2: Conservation and Land Management Description: Planning and management of the ACT’s parks, reserves, unleased public land and plantations, including associated community infrastructure. The land manager role includes management of land for recreational use; conservation management; including management of national parks, nature reserves; fire management; and pest and weed control as well as the management of the Territory’s softwood plantation and oversight of rural production areas.

Original Target Actual Result 2018-19 2018-19 % Variance Explanation of Material Variances (+/- 5%) The variance is related to above budget operational expenditure from Fire and Forestry activities and above budget depreciation. The above budget operational TOTAL COST ($'000) $44,223 $64,548 46% expenditure is partially offset by above budget revenue. The primary variation however arises from a revised output cost allocation model that better reflects the cost of Outputs compared with the original budget. The variation reflects the funding drawn for the activities under this output and a CONTROLLED RECURRENT PAYMENTS ($’000) $36,993 $44,189 19% revised output cost allocation model that better reflects the cost of Outputs compared with the original budget. 2.2 Land Management P14 YTD Total Amount Total Expenses 50,757,732 Employee Expenses 24,168,880 Non-Employee Expenses 26,588,852 Total Supplies & Services 20,451,594 Cost Of Goods Sold 228,878 Other Expenses 1,027,364 Depreciation 4,854,227 Total Grants & Purchased Services 26,790 Corporate Allocation 13,790,450 Total Cost 64,548,182

Output Class 1: ENVIRONMENT Output 2.3: HERITAGE Description: Administration of the heritage provisions of the Heritage Act 2004 and assistance in the conservation of the ACT’s heritage assets to ensure their recognition, registration and conservation. The area provides administrative and operational support to the ACT Heritage Council and its projects, and administers the annual funding of the ACT Heritage Grants Program, the annual Canberra and Region Heritage Festival and Capital Works projects as they relate to heritage conservation works. A key function is also the promotion and education of the community regarding heritage assets of the ACT.

Original Target Actual Result 2018-19 2018-19 % Variance Explanation of Material Variances (+/- 5%) The variance is primarily related to above budget operational expenditure TOTAL COST ($'000) $2,179 $2,517 16% related to employee movements and a further variation arising from a revised output allocation model that better reflects the cost of Outputs. CONTROLLED RECURRENT PAYMENTS ($’000) $2,061 $2,105 2% 2.3 Heritage P14 YTD Total Amount Total Expenses 1,620,155 Employee Expenses 1,571,747 Non-Employee Expenses 48,408 Total Supplies & Services 16,750 Cost Of Goods Sold 0 Other Expenses 0 Depreciation 31,653 Total Grants & Purchased Services 5 Corporate Allocation 896,818 Total Cost 2,516,973 Cleared as complete and accurate: 31/10/2019 Cleared by: Chief Finance Officer Ext: Contact Officer name: Craig Simmons Ext: Cleared for release Yes Information Officer name: Gary Spencer Ext: 76339 Return to Index

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Output Class 3: CLIMATE CHANGE AND SUSTAINABILITY Output 3.1: CLIMATE CHANGE AND SUSTAINABILITY Description: Develop policy, provide advice and deliver programs in relation to • the ACT Climate Change Strategy and Action Plan – AP2 Climate Change Strategy; • investments in renewable electricity through a feed in tariff and delivery of local industry development strategies; • energy efficiency measures, including administration of the Actsmart and Outreach programs; and • administration of the ACT’s Carbon Neutral ACT and Energy Efficiency (Cost of Living) Improvement Scheme.

Original Target Actual Result 2018-19 2018-19 % Variance Explanation of Material Variances (+/- 5%) The variance is primarily due to a reduction in the value of Large-Scale Generation Certificates that are held by the Directorate which has been TOTAL COST ($'000) $28,454 $63,371 123% recognised as an expense. This is partially offset by expenditure on the Renewable Energy Innovation Fund and the Next Generation Energy Storage Program being less than originally estimated. The variance is primarily related to below budget operational expenditure CONTROLLED RECURRENT PAYMENTS ($’000) $12,563 $11,298 -10% including Employee Expenses. OC3 - Climate Change and Sustainability P14 YTD Total Amount Total Expenses 59,204,864 Employee Expenses 7,301,732 Non-Employee Expenses 51,903,132 Total Supplies & Services 6,200,375 Cost Of Goods Sold 0 Other Expenses 40,862,146 Depreciation 0 Total Grants & Purchased Services 4,840,611 Corporate Allocation 4,166,274 Total Cost 63,371,138

Output Class 4: LAND STRATEGY AND URBAN RENEWAL Output 4.1: LAND STRATEGY Description: Provide strategic, policy and planning support, including preparation of the four-year Indicative Land Release Program. The program sets out the Government’s intended program for land release and seeks to facilitate housing diversity, provide affordable housing, stimulate economic activity, and meet the demand for land in the Territory and support a competitive land development and construction market.

Original Target Actual Result 2018-19 2018-19 % Variance Explanation of Material Variances (+/- 5%) The variance relates to below budget expenditure on Affordable Housing and Land Development Projects. The primary variation however arises from TOTAL COST ($'000) $12,959 $5,323 -59% a revised output cost allocation model that better reflects the cost of Outputs compared with the original budget. The model has transferred costs to Output 2.2 Land Management. CONTROLLED RECURRENT PAYMENTS ($’000) $12,575 $6,342 -50% The variance is primarily related to the expenditure variance above. 4.1 Land Strategy P14 YTD Total Amount Total Expenses 3,709,908 Employee Expenses 2,826,249 Non-Employee Expenses 883,659 Total Supplies & Services 706,201 Cost Of Goods Sold 0 Other Expenses 0 Depreciation 0 Total Grants & Purchased Services 177,458 Corporate Allocation 1,612,621 Total Cost 5,322,529 Cleared as complete and accurate: 31/10/2019 Cleared by: Chief Finance Officer Ext: Contact Officer name: Craig Simmons Ext: Cleared for release Yes Information Officer name: Gary Spencer Ext: 76339 Return to Index

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Output Class 4: LAND STRATEGY AND URBAN RENEWAL Output 4.2: URBAN RENEWAL Description: Urban renewal delivers projects that involve multiple policy outcomes. This work includes the identification of key precincts and individual projects, prioritisation of projects based on community need, undertaking feasibility studies and due diligence, and project delivery including demolition and minor works. This work seeks to integrate urban renewal opportunities across Government around defined urban renewal precincts, including within town and group centres and within pockets of established suburbs, such as local centres.

Original Target Actual Result 2018-19 2018-19 % Variance Explanation of Material Variances (+/- 5%) The variance arises from underexpenditure on housing and Urban Renewal Projects. The primary variation however arises from a revised output cost TOTAL COST ($'000) $9,236 $6,223 -33% allocation model that better reflects the cost of Outputs compared with the original budget. The model has transferred costs to Output 2.2 Land Management. CONTROLLED RECURRENT PAYMENTS ($’000) $9,031 $8,270 -8% The variance is primarily related to the expenditure variance above. 4.2 Urban Renewal P14 YTD Total Amount Total Expenses 4,756,657 Employee Expenses 2,569,173 Non-Employee Expenses 2,187,484 Total Supplies & Services 2,186,571 Cost Of Goods Sold 0 Other Expenses 914 Depreciation 0 Total Grants & Purchased Services 0 Corporate Allocation 1,465,937 Total Cost 6,222,594

Output Class 5: LOOSE-FILL ASBESTOS INSULATION ERADICATION Output 5.1: LOOSE-FILL ASBESTOS INSULATION ERADICATION Description: The Asbestos Response Taskforce delivers the Loose-fill Asbestos Insulation Eradication Scheme safely, compassionately and efficiently. It provides support and advice to affected homeowners, the Canberra community, industry and Government.

Original Target Actual Result 2018-19 2018-19 % Variance Explanation of Material Variances (+/- 5%) This variance is primarily due to the timing of cash transfers to the Territory TOTAL COST ($'000)4 $36,444 $30,057 -18% Banking Account as a result of below budget land sales in 2018-19. CONTROLLED RECURRENT PAYMENTS ($’000) $10,200 $6,739 -34% This variance is primarily due to less than budgeted property purchases. OC5 - Loose Fill Asbestos Insulation Eradication P14 YTD Total Amount Total Expenses 28,569,794 Employee Expenses 2,606,676 Non-Employee Expenses 25,963,118 Total Supplies & Services 2,680,792 Cost Of Goods Sold Other Expenses 22,678,817 Depreciation 30,080 Total Grants & Purchased Services 573,429 Corporate Allocation 1,487,336 Total Cost 30,057,130

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Output Class 6: PUBLIC HOUSING RENEWAL TASKFORCE Output 6.1: PUBLIC HOUSING RENEWAL TASKFORCE Description: The Public Housing Renewal Taskforce is delivering 1,288 replacement public housing dwellings that will better meet the needs of tenants, now and into the future, as part of the ACT Government’s public housing renewal program. This program supports the renewal of Canberra’s urban areas as the Public Housing Renewal Taskforce works with Urban Renewal, the City Renewal Authority and Housing ACT, to support the sale of older multi-unit public housing properties that are no longer fit for purpose.

Original Target Actual Result 2018-19 2018-19 % Variance Explanation of Material Variances (+/- 5%) TOTAL COST ($'000) $26,947 $26,109 -3% The variance is primarily due to the timing of the FMA Sec16B rollover of CONTROLLED RECURRENT PAYMENTS ($’000) $8,829 $15,601 77% funding from the 2017-18 year into 2018-19 as available appropriation. 6.1 Public Housing P14 YTD Total Amount Total Expenses 25,777,719 Employee Expenses 580,546 Non-Employee Expenses 25,197,173 Total Supplies & Services 13,459,195 Cost Of Goods Sold 0 Other Expenses 11,737,979 Depreciation 0 Total Grants & Purchased Services 0 Corporate Allocation 331,252 Total Cost 26,108,972

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Environment, Planning and Sustainable Development Directorate ISSUE: Freedom of Information (FOI) and Open Access Talking points: • During 2018-19, the Portfolio received 97 FOI applications. • There were three (3) applications for Ombudsman review of Portfolio FOI decisions, with one (1) application withdrawn and two (2) in progress during the reporting period. There were no applications made to ACAT under the Freedom of Information Act 2016. • There were four (4) FOI decisions made during 2018-19 carried over from the previous legislation, the Freedom of Information Act 1989. Background Information – must be suitable for public disclosure

• The Directorate’s Information and Knowledge Management Team processes FOI applications for the entire EPSDD Portfolio, including the Suburban Land Agency and the City Renewal Authority.

Cleared as complete and accurate: Cleared by: Ext: Contact Officer name: Ext: Cleared for release Choose an item Information Officer name: Return to Index

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ISSUE: Staffing Profile Talking points: • EPSDD’s FTE as at 30 June 2019 was 646.7. This is an increase of 11.61 (1.8%) on 2018. • EPSDD’s Headcount at 30 June 2019 was 686. This is an increase of 14 (2.1%) on 2018. Key Information

• The diversity profile is based on information captured on the whole of Government reporting system and provided to Directorates. It is noted that disclosure is not compulsory and as some employees choose not to disclose their diversity status, they are not considered in the figures above. Background Information – must be suitable for public disclosure

• The Diversity Profile was comprised of the following:

o 24 Aboriginal and Torres Strait Islander People - currently our portfolio is tracking against our ATSI target (25 people). o 91 Culturally and Linguistically Diverse People - no specific target. o 22 People with a Disability - currently our portfilio is tracking against our disability target (21 people). o 8 female executive – 42% of total executives. It is noteworthy that this has increased from 4 during 2017-18. EPSDD is actively delivering on the objectives set by the Territories Women’s Action plan. o FTE and Headcount by Gender . Female: 326.6 FTE 355 Headcount 51.7% . Male: 320.0 FTE 331 Headcount 48.3%

Headcount by Age Group and Gender Female Male Total Under 25 12 11 23 25-34 94 72 166 35-44 115 90 205 45-54 91 86 177 55 and over 43 72 115

Cleared as complete and accurate: 30/10/2019 Cleared by: Executive Branch Manager Ext:79585 Contact Officer name: Myfanwy Greenwood Ext:58496 Cleared for release Yes Information Officer name: Craig Simmons Return to Index

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ISSUE: Single Select Procurement Contracts- Notifiable Contracts Talking points: • The FY19 Annual Report lists 100 notifiable contracts which is an increase on FY18 (80 contracts). • 19 Contracts are listed as ‘single select’ which is an increase on FY18 (8 x ‘single select’). • 50% of ‘single select’ contracts were justified on the basis of ‘suppliers specialist knowledge’. Key Information

• The FY19 Annual Report lists 100 government contracts entered into by or on behalf of EPSDD. • The listed contracts breakdown is as follows –

o Goods 2 contracts o Services (consultancy) 48 contracts o Services (non-consultancy) 30 contracts o Works 20 contracts • ‘Single select’ contracts are identified in the Annual Report as ‘GPR r10 exemption’ which refers to the Government Procurement Regulation 2007 r10 power to exempt from tender and quotation threshohold requirements. • 19 contracts are identified in the FT19 Annual Report as following a ‘single select’ procurement process. 50% (9 contracts) were justified on the basis of ‘specialist knowledge’ wherein value for money is obtained by virtue of reduced effort required to replicate that specialist knowledge. • 3 contracts identified as ‘single select’ are directly awarded grants. • Justifications for Exemption include ‘suppliers specialist knowledge’, ‘only one supplier’, ‘standardisation’, ‘expediency’, ‘use of a common user agreement from another jurisdiction’. Background Information – must be suitable for public disclosure

• ‘Single select’ procurement relates to the Government Procurement Regulation 2007 (the Regulation) r10 ‘exemption from quotation and tender threshold requirements’ wherein a select number of quotations are sought in lieu of public tender (for procurements > $200k), or less that 3 quotations are sought (for procurement $25k - $200k). • In EPSDD the power to exempt a procurement under r10 rests with the Director General and has not been delegated. • Exemption justifications are specified in the Regulation. Cleared as complete and accurate: Cleared by: Chief Finance Officer Ext:73042 Contact Officer name: John Wildermuth Ext: 55098 Cleared for release Yes Information Officer name: Craig Simmons Return to Index

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ISSUE: Directorate Energy Efficiency Savings Talking points: • Total carbon emissions were 7.4% lower in 2018-19 than in the 2017 baseline year. The reduction was mainly due to a lower conversion factor used to calculate electricity emissions, reflecting increased use of renewables in the ACT electricity supply mix. • Electricity use increased slightly by 1.4%, while natural gas use fell by 10.2% due to a warmer winter in 2018 and autumn in 2019. Overall staffing in the Directorate remained stable, with 639 Full Time Equivalent (FTE) staff as 30 June 2019 compared with 630 FTE at 30 June 2018. • Transport fuel (diesel and petrol) had an increase of 54% due in part to the inclusion of 89 kilolitres of bulk diesel fuel, used for remote depots, which was not previously captured for annual reporting purposes. The inclusion of bulk fuel data has been addressed through improved financial management and administrative arrangements to ensure its capture for future reporting purposes. The increase also reflects increased operational requirements such as the kangaroo management program and bushfire management program. Key Information

• A sustainability officer was put in place during the year to monitor and report on utility and other resource usage, identify energy saving opportunities and support directorate staff to improve resource efficiency.

Background Information – must be suitable for public disclosure

• The 2018-19 EPSDD Annual Report does not include data for the Office of the Commissioner for Sustainability and the Environment (OCSE), Suburban Land Agency (SLA) or City Renewal Authority (CRA), which is outlined in the relevant agency’s annual report.

Cleared as complete and accurate: 30/05/2019 Cleared by: Chief Finance Officer Ext: 73042 Contact Officer name: Craig Simmons Ext: 76322 Cleared for release Yes Information Officer name: Janet Boyd Ext: 70773 Return to Index

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ISSUE: Aboriginal And Torres Strait Islander Employment Strategies Talking points: • EPSDD supports the Aboriginal and Torres Strait Islander Employment Framework, through active initiatives and employment opportunities in line with ‘Closing the Gap’, being a strategic national, state & territory priority. • EPSDD staff support employment and inclusion initatives, including: o an Indigenous Natural Resource Management facilitator to promote indigenous participation to achieve increased environmental outcomes;

o an Aboriginal Liaison Officer to liaise with indigenous communities and promote participation to establish or recognise heritage places and objects and natural and Aboriginal heritage; and

o participation in the Vocational Employment Program, hosting two positions through the program. • The Murumbung Ranger Program and Murumbung Mentoring Program are initiatives to support and retain Indigenous staff. • EPSDD received coniditional endorsement from Reconciliation Australia to finalise the Portfolio Innovative Reconciliation Action Plan (RAP). In July 2019, EPSDD received final endorsement. Soft launch occurred in July 2019 with official launch on 1 November 2019. • The Director-General EPSDD holds regular meetings with the Elected Body (and identified EPSDD officers) to assist with actively carrying out their functions and mutual benefits for all. Key Information

EPSDD FTE EPSDD total Aboriginal and Torres Strait Aboriginal and Torres Strait head count Islander 30 June 2018 Islander 30 June 2019 646.7 686 25 24 Disclosure is not compulsory and some employees choose not to disclose. Any such employees would therefore not be considered in the figures above.

Cleared as complete and accurate: 30/10/2019 Cleared by: Executive Branch Manager Ext:79585 Contact Officer name: Myfanwy Greenwood Ext: 58496 Cleared for release Yes Information Officer name: Craig Simmons Return to Index

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ISSUE: Audit Report Recommendations Talking points:

• The ACT Government values the important role that the Auditor-General performs in reviewing the performance of our services and functions. The Directorate’s Audit Committee monitors progress on the implementation of strategies to address Auditor-General report recommendations. • The Annual Report includes information on 11 Auditor-General reports and provides updates on 26 recommendations. Eight of these recommendations were completed over the reporting period. • Since 30 June 2019, a futher five recommendations have been completed - two final recommendations from the Public Housing Renewal Program Audit, one from the Tender for the Sale of Block 30 (formerly Block 20) Section 34 Dickson and two from the Acceptance of Stormwater Assets. Key Information

• Activities underway to address open recommendations include: - Computer Information Systems (2016-17) - MARS Business System is still operational due to delays in eDevelopment Renovation project. In the meantime, Directorate IT business systems have been transferred to a supported environment and interim security risk management measures are in place. - Rural land audit (2018-19) Finalising an agreement for managing the sale of rural land between the Directorate and the Suburban Land Agency. - Restoration of the Lower Cotter Catchment (2015) Working Group is finalising Codes of Practice for catchment management and consultation with key stakeholders. On track for completion of the three remaining recommendations in December 2019. - Tender for the Sale of Block 30 (formerly Block 20) Section 34 Dickson (2018) Providing education and training on probity and records management requirements and developing improved procurement controls and reporting processes. The remaining two recommendations have been extended to December 2019. - Acceptance of Stormwater Assets (2018) Working with Transport Canberra and City Services Directorate and the Suburban Land Agency to improve the management of stormwater assets through Water Sensitive Urban Design, training for the construction industry, and risk mitigation against accepting development applications without stormwater asset plans. - Assembly of Rural Land West of Canberra (2018) – Initial phase of an investigative study funded in Budget 2019-20 to assess the suitability of the “Western Edge” for urban growth. Initial phases expected to be completed in 2022.

Cleared as complete and accurate: 31/10/2019 Cleared by: Executive Branch Manager Ext: Contact Officer name: Anne Miller Ext: 73689 Cleared for release Yes Information Officer name: Craig Simmons Return to Index

Page 20 CORPORATE REFERENCE BRIEF

ISSUE: Fraud and Integrity Talking points: • The Directorate’s fraud and corruption prevention strategies are developed and implemented as part of its broader governance framework, including in the context of managing risk and liaising with and reporting to its Audit Committee. • The Directorate has finalised and endorsed a new Fraud and Corruption Prevention Plan 2019-21 (the Plan). The Plan includes a Risk Assessment which identifies risk areas for fraud and provides treatment strategies. • During 2018-19 the Directorate undertook a Fraud and Corruption Awareness Survey across the Portfolio which contributed to the formation of the new Plan and Risk Assessment. The Directorate also continued to provide Fraud and Corruption Awareness Training. Key Information

• The Directorate received two allegations of fraud or corruption in 2018-19. After initial assessments, these matters were referred to the police for investigation. • During 2018-19, the Directorate received six disclosures under the Public Interest Disclosure Act 2012 (the Act). All were subjected to an initial assessment in accordance with the Act and the Guidelines. Of these, disclosure officers determined that five were not public interest disclosures. One disclosure was determined to be a public interest disclosure and was referred for external investigation.

o Immediately after the end of the financial year, the external investigation report was completed and presented to the disclosure officer. Based on the investigation report, the disclosure officer determined that the matters raised were not PIDs. • The Directorate delivered customised integrity training to 50 staff at the Senior Director/Director level. Fraud, Corruption and Ethics Awareness training is also available to all staff through an eLearning module. • The Fraud and Corruption Prevention Plan and Risk Assessment have been endorsed across the Directorate, City Renewal Authority and the Suburban Land Agency. Risk treatments will be reviewed periodically in order to ensure their efficacy.

Cleared as complete and accurate: 30/05/2019 Cleared by: Chief Operating Officer Ext: 76322 Contact Officer name: Brodie Ferson Ext:54615 Cleared for release Yes Information Officer name: Craig Simmons Ext: 76322 Return to Index

Page 21 CORPORATE REFERENCE BRIEF

ISSUE: Workplace Health and Safety Talking points: The premium rate across the service decreased by 3% from 3.08% (2017-18) to 2.98% for 2018-19. The Directorate’s 2018-19 workers compensation premium rate was 1.88% (compared to 1.63% in the previous year). This slight increase is based on our claims performance over the past five years. During the year, workers reported: 143 WHS notifications - Of those 143 notifications, there were 61 reports of hazardous situation - 82 accidents and incidents were reported - Of those 82 accidents or incidents, 60 incidents related to a minor injury where no time was lost as a result, 13 incidents related to one day of lost time and nine incidents resulted in less than one day. One notifiable incident was reported to ACT Worksafe, with no further action required on the notifiable incident. Of the injuries reported, the primary nature of the injuries were: • soft tissue • contusion, brusing or crushing • lacerations • superfical injury • trauma to joints and ligaments. Through EPSDD’s 2018-20 WHS Strategy, we continue to provide a productive supportive environment through early intervention strategies, which includes access to physiotheraphy program. Background Information – must be suitable for public disclosure • On 1 March 2019, the ACT Government became a self-insurer under the Safety, Rehabilitation and Compensation Act 1988.

Cleared as complete and accurate: 30/10/2019 Cleared by: Executive Branch Manager Ext: 79585 Contact Officer name: Bec Smith Ext: Cleared for release Yes Information Officer name: Craig Simmons Ext: Return to Index

Page 25 QUESTION TIME BRIEF

Portfolio: Environment & Heritage ISSUE: ADRIAN SEXTON RIDING SCHOOL Note. Visual inspection of Mr Mr Sextons business on the morning of 30/10/2019 (at the tine this QTB was updated) indicates that the subject horses have been relocated and significant steps have been taken to remove the infrastructure. Talking points: Mr Adrian Sexton has been occupying the subject land without approval.

• Adrian Sexton operates two businesses (Adrian Sexton Riding School and Capital Race Horse Rehoming) on government land without approval. Mr Sexrion was first contacted about this matter 0n 18 October2018.

• The area where the business operates from has been identified for the upgrade and extension of Morisset Road (expected 2020-2021) and offsets for the Kenny Development.

• Concerns have been raised with Mr Sexton regarding the validity of his public liability insurance as he is knowingly not lawfully occupying the land.

• To date, there has been no Development Application lodged for this business to operate on the subject land.

• Concerns have been raised with Mr Sexton and regarding the state of the land due to overgrazing and damage (ringbarking) to native trees by his horses. There has been up to 18 horses occupying approx. 3 hectares Reasonable attempts have been provided to Mr Sexton to allow him the relocate his business.

• EPSDD first became aware of Mr Sexton occupying the subject land without approval on 18 October 2018 and he was advised accordingly that he would need to seek alternative arrangements/location for his business.

• Adrian Sexton and gave an undertaking to cease operations and remove all horses and infrastructure by 31 March 2019, which they failed to fulfil and to the contrary have taken on additional horses since he was advised he would need to vacate the land.

• There have been numerous discussions with Adrian Sexton across multiple government departments in an effort to find a practical resolution to the issue.

Cleared as complete and accurate: 16/10/2019 Cleared by: Executive Group Manager Ext: 59027 Contact Officer name: Chris Glennon Ext: 59023 Cleared for release Yes Information Officer name: Ian Walker

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• EPSDD (PCS) and TCCS have investigated the availability of other land suitable for this business to operate from, however all efforts have been deemed unsuitable or unavailable and has been provided with contacts of land managers both within and outside the ACT to assist in sourcing available land.

• Adrian Sexton requested a meeting with the Minister of Environment, whose decision was to allow Mr Sexton to occupy the land under a permit until 31 October 2019. This was accepted by Mr Sexton allowing him to legally occupy the land with valid insurance until midnight, 31 October 2019. Welfare issues with the ACT Government impounding Mr Sextons horses? It is anticipated that there may be attempts to link the act of the ACT Government impounding the horses with the recent ABC 7.30 report on the disposal of rehomed racehorses.

• Mr Sexton has had over 12 months to relocate his business and/or divest of the horses. .

• All animal welfare requirements are the responsibility of the owner, currently Mr Adrian Sexton.

• If the horses are still on the property after 31 October 2019, they may be impounded under the provisions of the Stock Act 2005 and associated fees and charges will be allocated. Once impounded the welfare of the impounded animals will be the responsibility of the ACT Government for a period of 14 days. After which, the animals, if not released by the owner may either be re-homed or sold at public auction as per the Act.

Background Information

• Mr Adrian Sexton has been operating a horse rescue and riding school business on Government land at the end of Morisset Road at Mitchell without authorisation. He was advised by Government staff in October 2018 that he would need to find an alternative location to continue his business.

• The area where the business operates from has been identified for the upgrade and extension of Morisset Road (expected 2020-2021) and offsets for the Kenny Development.

• Mr Sexton was first contacted on 18 October 2018 and gave an undertaking to remove all horses, infrastructure and equipment by March 2019. But failed to do so and failed to notify ACT Government that he continued to operate from this land.

• Mr Sexton sought a meeting with Minister Gentleman to request permission to either stay on the land or be granted alternate land from the Government to operate his business. Minister Gentleman declined the requests and offered Mr Sexton the opportunity to stay on the land under a permit until 31 October 2019 to allow time to Cleared as complete and accurate: 16/10/2019 Cleared by: Executive Group Manager Ext: 59027 Contact Officer name: Chris Glennon Ext: 59023 Cleared for release Yes Information Officer name: Ian Walker

Page 27 QUESTION TIME BRIEF

find alternative accommodation for his horses. The permit also encured that this incurance was vaild. .

• If the horses remain on site after the 31st October Mr Sexton may be notified that they are trespassing and may be impounded under the provisions or the Stock Act 2005.

• Director of Biosecurity and Rural Services has delegations to impound livestock under the Stock Act 2005 but approval will be sought from the Director General before this deleogation is invoked.

• If horses remain on the land after 31st October the ACY Government may be compelled to impound them and be required to provide care until they are rehomed or sold. (Minimum 14 days)

Key Information

• Visual inspection of Mr Mr Sextons business on the morning of 30/10/2019 (at the tine this QTB was updated) indicates that the subject horses have been relocated and significant steps have been taken to remove the infrastructure. • Timelines of events is provided in the table below.

Date Event Objective Reference

18/10/2018 Rural Service staff made aware that a horse-riding school was 18/32347 operating A17228391

and Mr Sexton contacted by Director Biosecurity Phone call and Rural Services and advised that the operation was operating on government land without approval

23/10/2018 Adrian Sexton emailed CM requesting government land to re- email home ex racehorses / run riding business.

23/10/18 Adrian Sexton emailed Minister Burch requesting a meeting to Email discuss Capital Horse rehoming with a response from Min Burchs office 1 Nov re-directing them to Min Gentleman’s office

25/10/18 Email from to Minister Ramsay and Minister Email Benjamins office requesting assistance with land to run their A17941594 business.

02/11/18 Request from and Adrian Sexton to Minister email Gentleman, requesting an urgent meeting to discuss their A17941636 challenges.

Cleared as complete and accurate: 16/10/2019 Cleared by: Executive Group Manager Ext: 59027 Contact Officer name: Chris Glennon Ext: 59023 Cleared for release Yes Information Officer name: Ian Walker

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8/11/2018 sent a letter advising of a potential breach of his A17320006 lease conditions from ACTPLA

12/12/2018 Minister Gentleman’s office wrote to Mr Sexton in reply to 18/32347 email dated 23/10/18 and 25/10/18 advising there was no available govt land for the business to operate from.

18/01/2019 Both and Adrian Sexton advised Director Phone call Biosecurity and Rural Services that would not be Follow up email submitting the required DA to establish a business on his lease and that the business operated by Adrian Sexton would be A20294996 wound down and cease operation by March 2019 A20295002

5/6/2019 Min Burch’s office received a phone call by Adrian Sexton Email wanting to speak with someone regarding deadlines A20135449 associated with Capital Horse Rehoming. Matter forwarded to Min Gentlemans office with a request on the 6/6/19 from the DLO to have someone from Environment call Mr Sexton

5/06/2019 Director Biosecurity and Rural Services inspected the location to find the business still in operation.

06/06/2019 Follow up phone calls made with differing answers from both Record of and Adrian Sexton as to who was involved in the conversation business and who owned the infrastructure, horses and A20135557 associated equipment on govt land.

7/06/2019 A meeting request from Director Biosecurity and Rural Email Services sent to and Adrian Sexton to discuss A20216260 the current situation

19/06/2019 Warren Schofield, Sharon Harmer and Craig Jones (licencing Dame Patties and Compliance) met with and Adrian Sexton to Menzies House discuss the current operation and it legality, issues surrounding insurance for this business and what plans were in place for the relocation of the business, infrastructure and Minutes horses. A20309857

21/06/2019 Email from (lease holder) to Warren Schofield Email requesting permission to allow Adrian to continue to run the business from his lease until 20 Dec 2019. A20449554 24/07/2019 Adrian Sexton met with Minister Gentleman to request meeting Government find suitable parcel of Government land to continue his business on. Minister Gentleman advised this was not possible and requested that Mr Sexton make arrangements to vacate the land he presently occupies by 31st October 2019. Minister Gentleman offered Mr Sexton the

Cleared as complete and accurate: 16/10/2019 Cleared by: Executive Group Manager Ext: 59027 Contact Officer name: Chris Glennon Ext: 59023 Cleared for release Yes Information Officer name: Ian Walker

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opportunity to remain on the land under a permit until 31st October 2019. 27/06/2019 Email from to Director Biosecurity and Rural Email Services, requesting a meeting with herself and Adrian Sexton A20449542

08/08/19 Notice issued to Adrian Sexton from TCCS with a final date for A21664004 removal being 31 October 2019 8/08/2019 Meeting between TCCS, Public Land Use Team Adrian Sexton meeting (and two support people) and PCS (Warren Schofield) to discuss the permit application process.

19/08/2019 Summary of actions from an internal meeting between TCCS, A21040511 PCS 20/08/2019 Record of conversation between Adrian Sextan and Sharon A21040651 Harmer regarding licence permissions (ACTPLA) 22/08/2019 Meeting between TCCS (Pam Ellis) and Adrian Sexton on site meeting to discuss permit application 26/08/2019 Copy of approved permit for use of public land (01/08/2019 – A21665285 31/10/2019) emailed to Adrian Sexton. 29/08/2019 Response from TCCS (public use coordinator) to Adrian Sexton Email advising they could not identify any suitable sites under TCCS custodianship A21664004

Cleared as complete and accurate: 16/10/2019 Cleared by: Executive Group Manager Ext: 59027 Contact Officer name: Chris Glennon Ext: 59023 Cleared for release Yes Information Officer name: Ian Walker

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Portfolio/s: Environment & Heritage Police & Emergency Services ISSUE: POTTERS HILL Talking points: • The ESA and EPSDD jointly agreed to an independent review of the Potters Hill fire to formally analyse factors leading to the escape, and to provide lessons and considerations of options for continual improvement. • The AFAC Review team produced a detailed report and made 12 recommendations that were all accepted by the ESA and EPSDD. • These recommendations and all associated actions have now been completed and incorporated into policy and operational documentation. • Further, many of the completed actions have been incorporated into the recently revised agreement between ESA and EPSDD. This agreement constitutes an endearing shared commitment to the management of bushfire prevention activities in the ACT. • There is nothing outstanding from the Potters Hill Review that impacts on the ACTs preparedness for the 2019-2020 bushfire season. Key Information

• The ACTPCS have implemented more than 400 prescribed burns over the past 10 years in which time there has been only 4 that have exceeded the containment lines. The report acknowledged the good work conducted by ACTPCS in completing many prescribed burns without incident • The report found that the planning processes underpinning the Potters Hill burn were in line with industry standards and that the decision to light the burn on the 10th March 2018 was reasonable after reviewing the current and forecast weather information available. • The report clearly emphasises that there are inherent risks with prescribed burns due to the introduction of fire in the landscape in an often narrow window of burning opportunity and with variable weather conditions. Background Information

• On the 10th March 2018, a 679 ha prescribed was commenced (under suitable weather conditions) in an area in Southern Namadgi known as Potters Hill.

Cleared as complete and accurate: 16/10/2019 Cleared by: Executive Group Manager Ext: 59027 Contact Officer name: Justin Foley Ext: 58062 Cleared for release Yes Information Officer name: Ian Walker

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• On the 18th March 2018, severe fire weather hit the ACT and caused the burn to escape control lines and burnt an additional 199ha of which 112 ha was in private native forest in NSW. • This burn was part of the endorsed ACT Parks and Conservation Service (PCS) Bushfire Operational Plan (BOP). • The escaped burn was controlled less than 12 hours later with no loss of life or property. • The weather system that hit the ACT was the same system that fuelled the significant Tathra fire in NSW and the St Patricks Day fires in Western Victoria.

Cleared as complete and accurate: 16/10/2019 Cleared by: Executive Group Manager Ext: 59027 Contact Officer name: Justin Foley Ext: 58062 Cleared for release Yes Information Officer name: Ian Walker

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Portfolio: Environment and Heritage ISSUE: 2019/20 Bushfire Season update Talking points: • The Parks and Conservation Service (PCS), on behalf of EPSDD is a key resource partner of the ESA and maintains an available bushfire-fighting force and resources consistent with its legislative responsibilities under the Emergencies Act 2004 to manage fuels across the land it manages and to assist the ACT RFS in bushfire suppression. • The EPSDD Bushfire Operations Plan (BOP) is prepared each year in consultation with the ACT Rural Fire Service, the ACT Bush Fire Council and the Emergency Services Agency. • The Directorate achieved 95% implementation of all activities identified in the approved 2018/19 EPSDD BOP. • The 2019/20 draft EPSDD BOP has been endorsed by the ACT BushFire Council. The final version will be sent from the EPSDD DG to the Commissioner for Emergency Services for final approval. • Work has already been commenced to deliver the draft 2019/20 EPSDD BOP. • The majority of the planned burns in and around the ACT are undertaken in Autumn – some smaller burns will be delivered in Spring however weather conditions are not conducive to this being achieved. • The ACT Parks and Conservation Service (PCS) maintains approximately 180 trained and skilled permanent firefighters, with an additional 20 seasonal fire crew who commenced on September 2nd 2019. Key Information • In excess of 720 activities are scheduled to be completed in the 2019/20 BOP, including 648 km track trail maintenance and 18,259 hectares of fuel management. Activities are summarised in the Table below.

Activity Class 2019-20

Count Km Ha

Fire Trail Maintenance and upgrade 120 431

Cleared as complete and accurate: 16/10/2019 Cleared by: Executive Group Manager Ext:59027 Contact Officer name: Neil Cooper Ext: 74288 Cleared for release Yes Information Officer name: Ian Walker

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Chemical treatment of roadside 23 217 152 vegetation & Asset Protection Zones

Stock Grazing to reduce fire fuels 71 5588

Strategic mowing to reduce fire fuels 240 4473

Physical Removal of fuels 43 760

Prescribed Burns 36 7286

Cleared as complete and accurate: 16/10/2019 Cleared by: Executive Group Manager Ext:59027 Contact Officer name: Neil Cooper Ext: 74288 Cleared for release Yes Information Officer name: Ian Walker

Page 34 QUESTION TIME BRIEF

Portfolio: Environment & Heritage ISSUE: HERITAGE ACT Talking points: • Two Aboriginal scarred trees in Wanniassa were felled in two separate instances without approval under the Heritage Act 2004 (the Act). • This highlighted the need to strengthen compliance tools in the Act. • As a matter of urgency, I asked EPSDD to explore the introduction of an on-the-spot fine scheme and repair orders. • I anticipate amendments will be tabled in the Assembly in October 2019. • The loss of these trees also demonstrates the vital role interpretation and education play in the safety of our heritage places and objects. Key Information

• Under the proposed amendments to the Heritage Act:

o The Heritage Council will be able to issue ‘repair damage’ directions to force people responsible for the damage to heritage places and objects to repair it, if possible.

o Amendments to current heritage directions will also give the Heritage Council the authority to issue a direction where there is an imminent threat to the heritage significance of a place or object by removing the threshold wording of ‘serious’. • An infringement notice regulation will be made to allow Authorised Officers to issue an immediate $1,000 fine to an individual and $5,000 to a corporation for damage to a heritage place or object. Background Information MSYB1 – ‘Spook Tree’ • Reported to ACT Heritage in April 2017. Immediate site inspection confirmed removal and onsite mulching of the tree. • The matter was investigated by Access Canberra and concluded, in summary, that:

o it was not malicious activity that resulted in the removal of the tree, but rather a genuine and unintentional administration error;

o There was no evidence of a ‘fault’ element under the Criminal Code 2002 and it was the investigator’s opinion that there was insufficient evidence for the matter to be prosecuted.

o that consideration should be given to expanding the range of available

Cleared as complete and accurate: 16/10/2019 Cleared by: Executive Group Manager Ext: 59027 Contact Officer name: Jen O’Connell Ext: 72179 Cleared for release Yes Information Officer name: Ian Walker

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enforcement tools available under the Act. • The contractor undertaking clearance as part of a larger program of tree removal sought advice from the Conservator of Flora and Fauna prior to removing any trees and it was identified as a tree not to be removed. • Unfortunately an error by the contractor saw the tree wrongly removed and once realised the contractor notified the ACT Government and expressed their regrets. • The Education Directorate is currently exploring a range of additional protection measures including; developing a heritage identification database for contractors to enhance the protection of heritage assets located on school sites; and appropriate remediation for the site in consultation with Representative Aboriginal Organisations (RAOs).

MST4: • Reported to ACT Heritage in July 2018. Immediate site inspection confirmed the tree had been felled with the trunk containing the cultural scar remaining on the ground adjacent to the stump. • The matter was investigated by the ACT Parks and Conservation Service (PCS) Compliance team and concluded, in summary, that;

o review of aerial photography indicated that the tree was cut down between December 2016 and March 2017; and

o available evidence was unable to identify a responsible party or the circumstances of removal. • No further compliance action can therefore be taken. • To protect the trunk so no further damage to it can occur, it has been temporarily relocated to a secure location until long-term conservation measures are identified. • Final arrangements on the long-term conservation measures for the trunk is ongoing between the land manager TCCS in consultation with RAOs.

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Portfolio: Environment and Heritage ISSUE: Mountain Biking Talking points: Best of Canberra mountain bike experience project • The opportunity for the community to contribute ideas to the project closed on 30 September 2019 via the Your Say website. A Listening Report is to be placed on Your Say by mid October 2019. • Generally, responses showed an interest in enhancing our existing urban trails and connectivity, enhancing Stromlo Forest Park and expanding the trail network west of Stromlo, via the Cotter and out to Blue Range for a more epic experience (‘hero’ trail). • Canberra has the potential to become the Mountain Bike Capital of Australia and the mountain biking destination of choice for domestic and international visitors, with flow on economic benefits for the community and business of the ACT and region. • On 25 September 2019, the project team and Project Reference Group met to discuss proposed strategic directions to achieve Mountain Bike Capital of Australia status. • The draft Concept Plan for a ‘hero’ trail and trail enhancements is scheduled for completion by November 2019 and will be followed by market testing and public consultation via Your Say. • It is proposed that a co-management framework is developed to optimise governance, management and cooperation across land managers, stakeholder groups and partners in order to support and foster the mountain biking cycle tourism culture. • Three community workshops were successfully completed in July and August 2019 with the purpose of seeking ideas for the network and understanding issues from a community perspective. • Attendance numbers totalled approximately 100 people across the three workshops. Attendees were primarily members of the mountain biking community, however, there were representatives from Parkcare and other recreational user groups.

Cleared as complete and accurate: 16/10/2019 Cleared by: Executive Group Manager Ext:59027 Contact Officer name: Sophie Clement Ext: 74857 Cleared for release Yes Information Officer name: Ian Walker

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• In late August 2019 Parkcare groups were consulted through a workshop session. Representatives from Issacs Ridge, Tidbinbilla, Black Mountain, Mount Taylor and Red Hill attended the meeting.

Ongoing management of mountain biking on the PCS estate • Existing mountain bike trail networks such as Kowen, Majura Pines, Isaac Pines and Bruce Ridge continue to be maintained and promoted by volunteer trail builders. • Forest managers continue to accommodate recreation and timber harvesting in ACT pine plantations, PCS has supported volunteer trail builders to create new trails East Kowen, Sparrow Hill and Majura Pines. Key Information

• The 2018-19 ACT Budget included funding over two years to deliver the Best of Canberra Mountain Bike Experience. The primary objective of the project is to design a mountain bike trail network that will position Canberra as a mountain bike destination of choice, whilst also maximising the utility of the trails to other users. • The iconic mountain bike network for Canberra will build on the strengths of existing mountain bike locations, associated nature-based experiences and supporting business endeavours. • The project is consistent with the key actions of the Canberra Cycle Tourism Strategy released in 2018, to create Canberra as a mountain biking destination of choice. Background Information

• The project was launched on 27 March 2019 at the opening of the new pump track at Majura Pines. A consultant (TRC) was engaged in May 2019 to undertake community consultation and develop a concept plan. • A community based reference group has been established to oversight the design of the experience. • Targeted consultation commenced in late 2018 and public consultation commenced in March 2019 with the opportunity for community to email feedback.

Cleared as complete and accurate: 16/10/2019 Cleared by: Executive Group Manager Ext:59027 Contact Officer name: Sophie Clement Ext: 74857 Cleared for release Yes Information Officer name: Ian Walker

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Portfolio: Environment and Heritage ISSUE: WEED (INVASIVE PLANT) MANAGEMENT Talking points: • Invasive plants are introduced plants that spread a considerable distance across the landscape. They threaten biodiversity and also impact on the economy and/or human health. Invasive plants are high risk ‘weeds’. • Update: July-September invasive plant control work of 2,959ha across 14,611 sites. Species controlled included: serrated tussock, Chilean needle grass, fireweed, thistles & pine wildings. • Budgets and outcomes: o The 2018-19 invasive plant control program achieved: 11,571ha of control work across 38,662 sites at a cost of $2.2m. o The 2019-20 program plans for 11,000ha of control across 41,000 sites at a cost of $2.4m: . $1.7M for urban & Murrumbidgee nature reserves, Tidbinbilla NR, Namadgi NP, Googong, rural roadsides, Kowen Forest, & technical support. $0.7M tied to offsets reserves, Lower Cotter, & Molonglo River. . The most damaging invasive plants are prioritised. . Water catchments will be protected by controlling invasive plants spreading into mountain sphagnum bogs. . High risk new incursions are a priority for eradication or at least containment. • Other news: o Drafting of the ACT Invasive Plants Strategy 2020-30 has commenced. o Current new incursion incidents: Hudson pear response at Red Hill NR, Mexican feather grass response at Fraser, Bridal creeper response at Mt Ainslie NR, Fireweed response at Coombs, Forde, and Crace.

Data sources: Operations Dashboard for ArcGIS & Story Map for ArcGIS 2019-20 (Live data of control work): https://www.environment.act.gov.au/parks- conservation/plants-and-animals/Biosecurity/invasive-plants/2019-20-operations- dashboard-for-arcgis-smart-map 2019-20 Story Map of the Invasive Plants Program: https://www.environment.act.gov.au/parks-conservation/plants-and- animals/Biosecurity/invasive-plants/2019-20-invasive-plants-operations-plan-story-map

Cleared as complete and accurate: 16/10/2019 Cleared by: Executive Group Manager Ext:59027 Contact Officer name: Steve Taylor Ext: 72278 Cleared for release Yes Information Officer name: Ian Walker

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Portfolio: Environment and Heritage ISSUE: MOLONGLO RIVER RESERVE Talking points: • The Molonglo River Reserve is a new reserve comprising approximately 1,280 hectares along the Molonglo River from Scrivener Dam to the intersection with the Murrumbidgee River Corridor Reserve. • The Molonglo River Reserve Draft Reserve Management Plan (the draft Plan) as required under the provisions of Chapter 8 of the Nature Conservation Act 2014 is now complete and available on the Legislation register. • A Variation to the Territory Plan (DV 360) was submitted in July 2018 to formalise the boundaries prior to the Minister tabling the Reserve Management Plan in the Assembly. A draft variation with immediate interim effect has been issued. • The Standing Committee for Planning and Urban Renewal undertook Public Consultation on DV360. • Should this result in a change to the boundaries of the new reserve area, without prejudice to the process of DV360, the overall intent of the reserve management plan will not change. Any updates to the boundary as an outcome of the DV 360 process will be used to define the areas that are to be managed in accordance with the plan. • The Standing Committee have provided their recommendation to you on DV 360. • The Government Response to the Standing Committee’s Report is scheduled for a Cabinet meeting on 3 December. Key Information

• The draft Plan describes the values of the Molonglo River Reserve and defines objectives, policies and actions to protect the values and guide management and use of the area over a ten year time frame. • Public consultation on the draft plan occurred in February - March 2018.

Cleared as complete and accurate: 16/10/2019 Cleared by: Executive Group Manager Ext: 76997 Contact Officer name: Sophie Clement Ext: 74857 Cleared for release Yes Information Officer name: Ian Walker

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Background Information

• The Molonglo Valley Plan for the Protection of Matters of National Environmental Significance (NES Plan) was approved by the Australian Government Department of the Environment in December 2011. In accordance with this agreement, the reserve management plan was to be finalised by 7 April 2014. A draft plan was prepared meeting this timeframe.

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Portfolio: Environment and Heritage ISSUE: KANGAROO MANAGEMENT AND ROADSIDE FATALITIES Talking points: Roadside Fatalities • ACT Parks and Conservation Rangers have responded to over 2,415 Eastern Grey Kangaroo (2,497 Macropods) incidents on Canberra roads so far in 2019. • In 2018, over 4,225 wildlife road accidents required staff attendance, more than the whole of previous entire years (2017 = 2634, 2016 = 2889). We expect a similar number of incidences in 2019. • A dry spring will likely result in an increase of collisions between kangaroos and vehicles as feed for kangaroos decreases within the reserves. 2019 Cull • See separate QTB ‘Kangaroo Cull’. Key Information

• We will continue to see significant numbers of kangaroos travelling into the suburbs to feed along road reserves, nature strips, ovals and front gardens until feeding conditions improve. • Most incidents with kangaroos occur on our higher speed roads. • PCS delivers an Urban Wildlife Program that requires staff attendance to a range of wildlife issues predominantly injured kangaroos, dead kangaroos causing a traffic hazard or amenity issue, swooping magpies and snakes inside buildings • PCS maintains this response capability 24 hours a day, 7 days a week. • Kangaroos have been culled annually in the ACT since 2009. • The primary goals of kangaroo management in the ACT are to: 1. maintain populations of kangaroos as a significant part of the fauna of the ‘bush capital’ and a component of the grassy ecosystems of the Territory 2. manage and minimise the environmental, economic and social impacts of those kangaroo populations on other biota, grassy ecosystems and primary production. Background Information

• The ACT Government does not cull to address vehicle‐kangaroo collisions. It is considered a road safety matter and the Territory has employed methods such as fencing to deter kangaroos from grazing roadsides and crossing roads.

Cleared as complete and accurate: 14/09/2019 Cleared by: Executive Group Manager Ext:59027 Contact Officer name: Justin Foley Ext:58062 Cleared for release Yes Information Officer name: Ian Walker

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Portfolio: Environment & Heritage

ISSUE: CONSERVATION CULL OF EASTERN GREY KANGAROOS Talking points: • The 2019 conservation cull of Eastern Grey Kangaroos (kangaroos) commenced in early May 2019 and ran until the 25 July 2019. Nature reserves and Territory lands were re-opened on 26 July. • As in previous years, the number of kangaroos culled for conservation purposes in each location was assessed by ACT Government ecologists on a location by location basis using a series of scientific assessments. • Kangaroos are valued as an integral part of healthy grassland systems. However, some reserves have very high densities of kangaroos, to the point that the habitat for other species of native plants and animals are being negatively impacted. Managing kangaroo populations is required to ensure we maintain healthy and diverse ecosystems in the ACT. • The 2019 cull was the largest attempted in the history of the program in terms of numbers and sites. Prevailing dry conditions across Canberra Nature Park resulted in a decrease in the productivity of grassy habitat across many of the ACT’s reserves. • The 2019 conservation cull achieved 99% of the target number (4076), removing 4035 kangaroos from priority sites. • Kangaroos were culled according to the National Code of Practice for the Humane Shooting of Kangaroos and Wallabies for Non-Commercial Purposes. • In 1997 and again in 2011, the ACT Government investigated the commercial value of processing Kangaroo carcases however at the time it was not recommended as it would require significant investment by the ACT Government to overcome economic, operational and legislative barriers such as lack of a local ACT industry to process meat and relevant ACT legislation to ensure food safety standards and compliance with industry standards. • Also, commercial harvesting of kangaroos targets animals within the population, specifically larger animals with greater volumes of meat and skin. This approach is not consistent with population management to achieve specific ecological outcomes.

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• As in previous years, approximately 130 carcasses have been utilised for use as meat baits in PCS feral animal control programs. The remaining carcasses were removed from site and buried. • Carcasses are disposed at the Mugga Lane Resource Centre as it is a secure facility. In previous years, individuals have sought to access carcasses for illegal purposes, disposal at the tip prevents these actions. • EPSDD intends to undertake a further feasibility study on alternative methods of kangaroo carcass disposal. Key Information

• Fourteen Reserves were closed to members of the public during the week (Reserves were closed overnight from Sunday afternoon to Friday Morning). High public use reserves were closed later and reopened earlier during operations to lessen community disruption. This year, as culling activities did not occur on weekends, all reserves were open to the public over the weekend period to allow recreational access until mid or late Sunday afternoon depending on the reserve. • More detail on the kangaroo cull can be found at www.environment.act.gov.au. • When polled in 2015, 86% of Canberra adults supported conservation culling of kangaroos, up from 59% before the culling program commenced. • EPSDD has commissioned a new poll based on the same set of questions posed in previous polls and it is expected that the results will be available shortly Background Information

• Kangaroos have been culled annually in the ACT since 2009 for the purposes of protecting flora and fauna communities. Traditionally this has been opposed by a small and vocal group of activists. • Kangaroos are an integral part of a healthy functioning ecosystem. • As a custodian of public lands, the Parks and Conservation Service (PCS) has a legislative responsibility under the Nature Conservation Act 2014 to ensure that the risks to protected ecological communities are mitigated. • All shooters involved in culling in the ACT have completed a rigorous Shooter Proficiency Test that examines their ability to accurately identify kangaroos, their awareness of animal welfare obligations pertaining to kangaroos and their marksmanship ability. • The cull method, shooting, is recognised by the Commonwealth, state and territory governments and RSPCA Australia as the most humane method of culling. • In 1997 and again in 2011, the ACT Government reviewed the following commercial options for the disposal of Kangaroo carcases:

Cleared as complete and accurate: 16/10/2019 Cleared by: Executive Group Manager Ext: 59027 Contact Officer name: Justin Foley Ext: 76997 Cleared for release Yes Information Officer name: Ian Walker

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I. The NSW system of commercial harvesting and whether the ACT could integrate into this system, and II. Feasibility of processing animals for pet meat or for human consumption within the ACT. • In both instances it was found that significant investment by the ACT Government to overcome economic, operational and legislative barriers would be likely. Some of these barriers include a lack of local ACT industry to process meat, relevant ACT legislation to ensure food safety standards and legislation and regulations to comply with industry standards. The investment required is significant and the current size of culling programs would not likely result in a return on investment.

Cleared as complete and accurate: 16/10/2019 Cleared by: Executive Group Manager Ext: 59027 Contact Officer name: Justin Foley Ext: 76997 Cleared for release Yes Information Officer name: Ian Walker

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Portfolio: Environment & Heritage ISSUE: MULLIGANS FLAT CONSERVATION ACTIVITIES Talking points: • The Mulligans Flat Woodland Sanctuary sits within the largest tract of critically endangered Box-Gum Grassy Woodland in public management within the ACT. • In 2009 an 11.5 kilometre predator-proof fence enclosing 485 hectares of Mulligans Flat was completed. In 2019 an additional 11.5 kilometres of predator proof fence was added enclosing an additional 801 hectares within Goorooyarroo Nature Reserve. The total area of the Sanctuary if almost 1300 hectares. • The Mulligans Flat Woodland Sanctuary is jointly managed by the Parks and Conservation Service and the Woodlands and Wetlands Trust. • The Conservation Research Unit within EPSDD partners with the Fenner School at the Australian National University (ANU) to undertake long term ecological research that underpins the management of the Sanctuary. • Significant work has been undertaken to remove foxes, feral cats, rabbits and hares within the Sanctuary. Foxes and cats were successfully eradicated from the original sanctuary in 2010 and feral animal control in the new Sanctuary is ongoing. • The fence, along with the feral animal control, has allowed the reintroduction of locally extinct native animals – Eastern Bettong, Bush- stone Curlew, Eastern Quoll and New Holland Mouse – which are vulnerable to predation by foxes and cats. These reintroductions are informed by research undertaken by the ANU. • In addition, the ANU have undertaken long term ecological research at Mulligans Flat since 2004 to understand how to better manage woodlands for improved biodiversity outcomes. • The kangaroo conservation cull has been undertaken within the Sanctuary during 2019 with 377 being removed from Mulligans Flat Nature Reserve and 680 removed from Goorooyarroo Nature Reserve.

Cleared as complete and accurate: 16/10/2019 Cleared by: Executive Branch Manager Ext: 59027 Contact Officer name: Justin Foley Ext: 58062 Cleared for release Yes Information Officer name: Ian Walker

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Key Information IF ASKED – ARE QUOLLS EATING BETTONGS?

• Based on recent scat analysis from the Sanctuary, quolls are primarily eating kangaroos and wallabies. Quolls are most likely scavenging macropod carcasses during the natural die off experienced during winter. IF ASKED – KANGAROO CONSERVATION PROGRAM • Culling took place in Mulligans Flat and Goorooyarroo Nature Reserves in 2019. The number of kangaroos culled for conservation purposes in each location is assessed annually by ACT Government ecologists on a location by location basis using a series of scientific assessments. • Prevailing dry conditions across Canberra Nature Park have resulted in a decrease in the productivity of grassy habitat across many of the ACT’s reserves. • Kangaroos are culled according to the National Code of Practice for the Humane Shooting of Kangaroos and Wallabies for Non-Commercial Purposes. IF ASKED - WALLABY MANAGEMENT PROGRAM • There is an over abundance of red-necked wallabies and swamp wallabies in the Mulligans Flat Woodland Sanctuary. The population has grown significantly from the estimated 35 wallabies in the original Sanctuary when it was enclosed in 2009 to 350. This is a direct result of the establishment of the fenced Sanctuary and the removal of foxes and cats.

• While wallabies are native animals, they are still able to impact on the environment. • Research demonstrates that overgrazing by wallabies and kangaroos in highly fragmented conservation areas can negatively impact critical grasses, forbs, shrubs and young trees that make up the critically endangered Yellow-box Red-gum Grassy Woodland within the Sanctuary. • To address the over abundance of macropods and overgrazing issues, the ACT Government has undertaken annual kangaroo culls within the sanctuary to relieve grazing pressure. • Even after the kangaroo conservation cull, grazing and browsing pressure is still very high within the Sanctuary and expert advice is that immediate action is needed. • To slow population growth, 47 female red-necked wallabies were successfully treated with a contraception. This is the first trial of the contraceptive Gonacon in Red-necked Wallabies. This is the same contraceptive that is being trialled in Eastern Grey Kangaroos in other sites in the ACT. • The ACT is leading the way in macropod fertility control research and will continue to pursue measures to implement contraceptive techniques as a form of population management.

Cleared as complete and accurate: 16/10/2019 Cleared by: Executive Branch Manager Ext: 59027 Contact Officer name: Justin Foley Ext: 58062 Cleared for release Yes Information Officer name: Ian Walker

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• In addition to the fertility control vaccine, 190 red-necked wallabies and 41 swamp wallabies were culled to reduce the overabundance of wallabies in the Sanctuary and ease the impacts of overgrazing and over browsing by wallabies on critically endangered Yellow-box Red-gum Grassy Woodland in the Mulligans Flat Woodland Sanctuary. • These management actions allow for a reduction in the number of wallabies while still maintaining a sustainable population. The ACT Government will continue to monitor the wallaby population and vegetation response following these activities. IF ASKED – RABBITS IN MULLIGANS FLAT • Rabbits were eradicated from the old northern sanctuary in 2016. Earlier this year Parks and Conservation Rangers identified a small number of rabbits in the northern sanctuary and have been working hard to remove them. • The latest advice from Rangers would indicate that we have done just that and the aim is to eradicate rabbits from the Sanctuary in the coming months. Background Information

• Bettongs, Quolls, Curlews and other species have been reintroduced to the Sanctuary. A number of other species have been identified for reintroduction, however no timeframes have been put on any future releases. • This is the first time wallabies have been part of a culling program in the ACT. • Kangaroos have been culled annually in the Mulligans Flat Sanctuary since 2010. • The culling of macropods to protect the critically endangered Box-gum Grassy Woodlands flora and fauna communities is opposed by a small and vocal group of activists. • Macropods are an integral part of a healthy functioning ecosystem. • As a custodian of public lands, the Parks and Conservation Service (PCS) has a legislative responsibility under the Nature Conservation Act 2014 to ensure the risks to protected ecological communities are mitigated. • All shooters involved in culling in the ACT have completed a rigorous Shooter Proficiency Test that examines their ability to accurately identify macropods, their awareness of animal welfare obligations pertaining to macropods and their marksmanship ability. • The cull method, shooting, is recognised by the Commonwealth, state and territory governments and RSPCA Australia as the most humane method of culling.

Cleared as complete and accurate: 16/10/2019 Cleared by: Executive Branch Manager Ext: 59027 Contact Officer name: Justin Foley Ext: 58062 Cleared for release Yes Information Officer name: Ian Walker

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Portfolio: Environment & Heritage ISSUE: BLUE-GREEN ALGAE IN LAKE TUGGERANONG Talking points: • Blue-green algae outbreaks occur when high temperatures, high nutrient levels and calm weather combine. These conditions commonly occur in Lake Tuggeranong during summer. • Blue-green algae blooms are naturally occurring, however urban run-off contributes excessive nutrients to the lake and consequently increasing the frequency and duration of algal blooms. • Recent research from the University of Canberra has indicated that the Lake Tuggeranong catchment supplies 4-5 times the amount of nutrients required to support blue-green algal blooms. • Since most nutrients enter from sources within the catchment,research is now focussing on the location of pollutants, the activity creating these pollutants and mitigation options. • The ACT and Australian Governments have invested $93.5m in the delivery of the Healthy Waterways Project to protect and improve water quality and thereby reduce the frequency of algal blooms in the ACT. • Seven of the twenty new assets contructed under the Healthy Waterways Project have been built in the Lake Tuggeranong catchment. They are working now to improve water quality, and should perform even better as wetland plants become established over the next 2 years. Once fully functioning, these assets will collectively intercept, on average, 732 tonnes of sediments and nutrients a year from inflows to the lake. • An education campaign “H2OK: Only rain down the stormwater drain” highlights the important role everyone must play in stopping nutrients from entering our waterways. • Efforts to address the problem of algal blooms are ongoing: 1. The ACT Government is continuing to improve the monitoring data and planning tools. 2. An integrated solution is likely to involve a mix of – o public education and action o enhancements to guidelines and management practices (e.g. applying fertilisers to sporting fields), o targeted investments in water quality assets like those constructed in the Healthy Waterways Project, and Cleared as complete and accurate: 16/10/2019 Cleared by: Executive Group Manager Ext: 59027 Contact Officer name: Matt Kendall / Ralph Ogden Ext: 57200 / 72207 Cleared for release Yes Information Officer name: Ian Walker

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o safe and reliable methods for clearing algal blooms within Lake Tuggeranong when they do arise. • It will take time before algae blooms in Lake Tuggeranong can be fully controlled, although progress on reducing pollution and the incidence of algal blooms should be apparent well before then.

Background Information

• Lake Tuggeranong was designed both for recreation and to trap nutrient and sediment pollution. • After 30 years, the lake is literally overloaded which makes it very difficult to reduce the frequency and severity of algal blooms. As a result, it is frequently closed to recreational use. • These closures prevent people from enjoying the lake, and also affects the lake’s ecosystem and the downstream rivers that provide important inflows to the Murray–Darling system. • Trials of three agents for controlling or treating algal blooms – Phoslock, Diatomix and Hydrogen Peroxide – found that Phoslock successfully reduced nutrient levels, Hydrogen Peroxide had short-term knock-down effects on algal blooms, while Diatomix did not affect levels of blue-green algae. • The finding that large nutrient loads are entering the lake from its catchment means that Phoslock – which works by preventing the release of nutrients from the lake sediments – is not a viable solution until catchment sources of nutrients are curbed. • Research reports detailing these and other findings will be made public once an appropriate communications strategy is developed.

Cleared as complete and accurate: 16/10/2019 Cleared by: Executive Group Manager Ext: 59027 Contact Officer name: Matt Kendall / Ralph Ogden Ext: 57200 / 72207 Cleared for release Yes Information Officer name: Ian Walker

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Portfolio: Environment and Heritage ISSUE: Healthy Waterways (Basin Project)/ Protecting local catchments Talking points: ACT Healthy Waterways Overview • ACT Healthy Waterways is a $93.5 million joint initiative of the Australian Government and the ACT Government to protect and improve long-term water quality in the ACT and the Murrumbidgee River system by reducing the level of sediment and nutrients entering ACT lakes and waterways. Planning and Implementation phases are now complete, and project has entered a final two-year ‘Establishment Phase’ to 1) maximise the resilience of water plants growing within the water quality assets, which serve as pollutant filters, 2) undertake further research and monitoring on pollution sources and algal blooms in Lake Tuggeranong.

Construction of Water Quality Assets – State of play • All 20 water quality stormwater assets have been built and civil works have been accepted by TCCS (16), PCS (3) and Queanbeyan Palerang Regional Council (1). • Wetland plants serve as pollutant filters in 17 of the 20 assets, and 440,000 seedlings have been planted for this purpose across the sites. All 17 sites have entered a two-year establishment phase, after which they will be put forward for operational acceptance. • Landscaping of dryland plants, paths and benches has been added to enhance the amenity of assets and to promote their access by the community. Over 160,000 dryland shrubs and 600 trees have been planted within the 20 assets, and grass seed broadcast across extensive areas. Half the sites have formally entered a 3-month phase of consolidation prior to operational acceptance, while the other half will enter consolidation in spring. • The new assets are already improving water quality in Canberra’s waterways, and once wetland plants are fully established will interecept on average 1900 tons of sediment and nutrient pollution every year.

Research Projects – State of play • Research by the University of Canberra on Lake Tuggernong has shown that the catchment can provide 4-5 times the amount of nutrients to the lake waters as the lake sediments do, but that either source provides enough nutrients to support blue-green algal blooms. • Monitoring of inflows and outflows from ponds built in the stormwater

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system – similar to those built by Healthy Waterways – has shown that they are effective at intercepting pulses of nutrient pollution. This is true even for ponds that are decades old. • Trials of three agents for controlling or treating algal blooms – Phoslock, Diatomix and Hydrogen Peroxide – found that Phoslock successfully reduced nutrient levels, Hydrogen Peroxide had short-term knock-down effects on algal blooms, while Diatomix did not affect levels of blue-green algae. • The finding that large nutrient loads are entering the lake from its catchment means that Phoslock – which works by preventing the release of nutrients from the lake sediments – is not a viable solution until catchment sources of nutrients are curbed. • Research is being extended into 2019-20, with a focus on determining the origin of nutrient pollution in the lake Tuggeranong catchment.

Water Monitoring – What are we doing? • The Project is also investing in monitoring of 1) stormwater during rain storms, where previous monitoring has shown that the vast majority of nutrient pollution occurs, and 2) flows coming from different land-use classes (e.g. households, shops, sporting ovals). This information will be used to improve our models for catchment and development-scale water quality, which in turn will inform future planning and development decisions. The research that was extended into 2019-20 also has a strong monitoring component.

H2OK Education Program - Keeping our Waterways Healthy • A comprehensive regional education program, known as H2OK: Keeping our Waterways Healthy, was undertaken to complement the construction of water quality assets. This work is continuing through contracts with the ACT’s three Catchment Groups. • H2OK is mainly targeting urban and rural residential homeowners to motivate changes in behavior to prevent stormwater polluting activities on their own properties. • A training package to promote good practices for preventing pollution from construction sites was designed and courses were delivered to representatives from the local construction industry in two one-day sessions in June.

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Legacy of Healthy Waterways • PROJECT DELIVERY Project planning and implementation were conducted substantially on time, on budget and with relatively minor reductions in scope. Most of the $93.5m of project activities were completed by the middle of 2019. At the request of TCCS after the project was initiated, a two- year time extension (relating to $3.9m of the $93.5m funding envelope) was agreed to better allow for wetland plant establishment stormwater assets, which filter pollutants from waterways. • POLLUTION REDUCTION Significant amounts of pollutants – 1900 tons/year of sediments, nitrogen and phosphorus – will be interecpeted by stormwater assets once plants are established within sites. The community is better educated about good practices around household blocks to prevent pollutants from entering waterways in the first place, and surveyed members of the community have indicated that they are already improving their behaviours in this regard. The building industry has also been made aware of how to reduce pollution in runoff from building sites. • BETTER CAPACITY FOR WATER QUALITY MANAGEMENT The ACT Government can better formulate policies and practices to improve water quality through linked water monitoring, data stores and management models developed in this project. Water quality management will be better coordinated across the ACT and surrounds through continuation of regular meetings, first convened by this project, of the region’s many agencies with responsibilities for water quality, and by growing community stewardship of water quality assets. Research results will inform strategies for dealing with algal blooms and maintenance practices for stormwater assets. • A FOUNDATION TO BUILD FROM These achievements will make a material difference to water quality and the amenity and liveability of suburbs locally, and give the ACT Government and regional stakeholders a strong foundation on which to base future water quality improvement projects. • BLUE-GREEN ALGAE IN LAKE TUGGERANONG It will take time – a decade or more – before algae blooms in Lake Tuggeranong can be controlled. If there was an easy solution to blue-green outbreaks, it would have already been put in place. However, the problem is not intractable and as a result of this project the ACT Government is now in a position to draft plans to address this problem. The solution will involve a mix of public education and action, enhancements to government regulations, guidelines and management practices (e.g. applying fertilisers to sporting fields), and targeted investments in water quality assets like those constructed in this project.

Cleared as complete and accurate: 16/10/2019 Cleared by: Executive Group Manager Ext: 59027 Contact Officer name: Matt Kendall Ext: 57200 Cleared for release Yes Information Officer name: Ian Walker

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Portfolio: Environment and Heritage ISSUE: Water Trading and ACT Water Efficiency Project Talking Points Water Trading • Funding of $120k has been made available through the 2018 ACT Budget to fund a feasibility study of water trading and water efficiency options. • Interstate water trading has been operating between water users in other Murray-Darling Basin states for the last 20 years and is now commonplace and well accepted. Water trading has provided flexibility and significant economic benefit to governments, irrigators, water utilities and environmental water holders. • Water trading could provide a sustainable income stream for the ACT, may foster innovative approaches to alternative funding and management of ACT catchments and water resources, and provide flexibility in managing the ACT’s sustainable diversion limits under the Murray Darling Basin Plan (M- DB Plan). • The viability of interstate water trading and the efficiency measures will depend on the potential of water available to be traded after considering the long term water needs of the ACT, along with establishing the necessary intergovernmental agreements with NSW and the Commonwealth. • Early indications from the feasibility studies is that the concept of water trading/water efficiency measures is economically attractive. • Negotiations are continuing with the Commonwealth and NSW Government on development trading rules to operationalise trading within the ACT. Water Efficiency

• At the M-DB Minco held on 8 June 2018, the ACT committed to investigating water efficiency measures for up to 15 gigalitre1 (GL) efficiency contribution. This is a complimentary option to traditional water trading and is the concept of the Commonwealth funding water efficiency projects in exchange for entitlements for environmental flows under the $1.5 billion

1 1 Gigalitres is equivalent to 1.000 Megalitres. Cleared as complete and accurate: 16/10/2019 Cleared by: Executive Group Manager Ext:59027 Contact Officer name: Chris Glennon Ext: 59023 Cleared for release Yes Information Officer name: Ian Walker

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Murray-Darling Basin Water Infrastructure Program (MDBWIP) – now relaunched as the Murray Darling Basin Water Efficiency Program. • In May 2019, I have signed a funding agreement with the Commonwealth which has made Commonwealth funds available to the ACT for the development of business cases to determine the nature (efficiency initiatives) and quantum of water savings, the expected costs of implementation and identification of any risks. • The government expects this business cases to be completed for consideration in early 2020. • A Project Control Group of Environment, Planning and Sustainable Development Directorate and Chief Minister, Treasury & Economic Development Directorate and Environment Protection Authority, in consultation with Icon Water are providing oversight to the Project.

Background Information

• The ACT is part of the Council of Australian Governments (CoAG) water reform process, particularly the National Water Initiative, and is subject to the Commonwealth Water Act 2007 which covers the Murray-Darling Basin water management processes, incorporated in the Murray-Darling Basin Agreement and the Murray-Darling Basin planning arrangements. • Water trading is a crucial part of those reform arrangements, the objects of which are included in the ACT’s own strategic policy arrangements, as set out in the two water policy statements in force over the past decade; Think water, Act water and the ACT Water Strategy 2014-44: Striking the Balance. • Since 2004, the ACT has taken significant steps in securing water to meet its needs, particularly through large increases in storage capacity and better use of existing storages, through infrastructure projects such as the enlarged Cotter Dam project and Murrumbidgee to Googong pipeline completed in 2013. • At the recent MDB Minco on 8 June 2018, the ACT committed to investigating water efficiency measures and waterway improvement activities with potential for a 15 gigalitre efficiency contribution. • In May 2019 Minster Gentlemen and Hon David Littleproud MP signed a funding agreement which has made Commonwealth funds available to the ACT for the development of business cases to determine the nature (efficiency initiatives) and quantum of water savings, the expected costs of implementation and identification of any risks.

Cleared as complete and accurate: 16/10/2019 Cleared by: Executive Group Manager Ext:59027 Contact Officer name: Chris Glennon Ext: 59023 Cleared for release Yes Information Officer name: Ian Walker

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Cleared as complete and accurate: 16/10/2019 Cleared by: Executive Group Manager Ext:59027 Contact Officer name: Chris Glennon Ext: 59023 Cleared for release Yes Information Officer name: Ian Walker

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Portfolio: Environment and Heritage ISSUE: Murrumbidgee to Googong Transfer Talking points: • The Murrumbidgee to Googong (M2G) Transfer was built to provide a water security mechanism to deliver another sustainable supply of water for the people of the ACT and region. • The M2G involves the transfer of up to a maximum of 100 megalitres of water per day from the Murrumbidgee River through a 12 kilometre underground pipeline to Burra Creek in NSW. The water will then flow approximately 13 kilometres along Burra Creek into Googong Reservoir. • The amount of water that can be transferred each day is dependent on the availability of water in the Murrumbidgee River, management of environmental flows in the Murrumbidgee River and the available storage capacity in Googong Reservoir. • Icon Water is required to operate the M2G in accordance with an approved Operational Environmental Management Plan to protect a minimum daily flow in the Murrumbidgee River which varies month by month. Base Flow Protection Rules under normal conditions (ML/d) is as follows:

• Icon Water switched M2G from standby to operation mode on 26 September 2019. It has not yet operated. • Operational mode means that the system will operate when free of all operating constraints. Currently, the low river levels in the Murrumbidgee River is the dominant constraint. • Icon Water continues to perform required monitoring and will undertake notification obligations at the appropriate time. • ACT storages are currently at 54.55% (08/10/2019). • Icon Water is monitoring Murrumbidgee river levels and forecasts for the opportunity to operate M2G to support storage in Googong Dam.

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• Icon Water is regulated with regard to transfers from the Murrumbidgee River through the M2G project approvals and the License to Take Water with the ACT Government. Icon Water submits a report to the regulators after each ‘operate to maintain’, documenting the exercise and outlining adherence to the Operational Environmental Management Plan. • On 27 July 2018, the M2G was turned on with the objective of running the pumps for maintenance and to transfer water to the Googong Reservoir, which was at 72% supply level. While there was sufficient flow available in the Murrumbidgee River, Icon Water continued pumping intermittently during this period in order to supplement the water storage in the Googong Reservoir. Pumping ceased on 26 August 2018 in order to protect the minimum daily flow in the Murrumbidgee River for August. • Icon Water ran the M2G briefly during October 2018 and January 2019. The purpose of these runs was primarily operate to maintain the infrastructure, not transfer of water. More regular operation consistent with “operating mode” is likely if conditions remain dry. • On 27 July 2018 the Murrumbidgee was flowing at 104ML/day and then when pumping ceased on 26 August 2018 the flow in the river was 165ML/day (satisfying the licensed minimum flow requirements). The total transfer volume during this period was 430ML. Key Information

• The Water Transfer utilises two pumping stations and a 12 kilometre pipeline to transfer water from the Murrumbidgee River to Burra Creek where it runs to storage in Googong Dam. • Specially designed fish egg filtration screens have been installed to make sure no feral fish eggs such as carp are transferred to the Googong catchment. • There is a mini-hydro that will recoup about 20 percent of the power used to transfer the water. Background Information

• In 2010, the ACT, NSW and Commonwealth Governments approved the development application for the Murrumbidgee to Googong (M2G) pipeline, following advice from ACTEW Corporation and an ACT Government appointed water security taskforce. The taskforce assessed a range of water security options proposed by ACTEW Corporation and recommended the Enlarged Cotter dam and the M2G pipeline be constructed to augment and diversify the ACT water sources. • The then Chief Minister, Katy Gallagher, officially opened the M2G transfer on 24 August 2012. The M2G was completed in 2013 and has remained in standby mode since commissioning due to the stronger than anticipated water security position. • The ACT’s total storage capacity was increased by 35% in 2013, due to the enlarged Cotter Dam, and was 100% full in late 2016. Cleared as complete and accurate: 16/10/2019 Cleared by: Executive Group Manager Ext:59027 Contact Officer name: Matt Kendall Ext: 57200 Cleared for release Yes Information Officer name: Ian Walker

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Portfolio: Environment and Heritage ISSUE: Grazing Licence Block 3 Section 48 Holder Key Information • Over the last 12 months the Environment Planning and Sustainable Development Directorate (EPSDD) has been undertaking a review of grazing licences across the Territory to ensure actual land use is consistent with licence conditions. • Grazing Licences are issued under Section 303 of the Planning and Development Act 2007 and allow for temporary live stock grazing on Unleased Territory Land. These licences are used primarily for the management of fire fuel hazards, drought relief grazing or to enhance conservation values. • The two year grazing licence held over Part Block 3 Section 48 Holder expired on 31 March 2018 however it was extended twice on compassionate grounds to give the licence holder adequate time to move horses and donkeys to an appropriate alternative location. • The former Licensee has vacated the land as of 31/12/2018 as requested and stipulated in the termination notices. She was offered an opportunity to meet with the Conservator of Flora and Fauna. This meeting took place in early January 2019 to discuss the termination of the licence. • The land is now under the custodianship of Transport Canberra and City Services (TCCS) and management of vegetation will be monitored and maintainance work will be undertaken as required. • During the Autumn fire fuel reduction burning program the eastern end of the block is being utilised as a helicopter landing pad with the agreement of TCCS due to its close proximity to the PCS Stromlo depot from where the burning program is being managed. Signage has been erected to explain what the helicopter is being used for and a temporary water tank has been placed in the area to facilitate watering the grass where the pad would be to keep any dust down. Background Information

• Livestock grazing licences are issued under section 303 of the Planning and Development Act 2007 for short term (up to 3 years) use of unleased Territory Land to manage vegetation for fire fuel reduction, conservation or drought relief grazing purposes.

Cleared as complete and accurate: 16/10/2019 Cleared by: Executive Group Manager Ext:59027 Contact Officer name: Warren Schofield Ext: 78480 Cleared for release Yes Information Officer name: Ian Walker

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• Licences are reviewed prior to termination to determine whether they are still required for land management purposes and have been managed in accordance with licence provisions. • A termination notice was sent on the 11/04/2018 because the grazing licence (SMDS# 2711) term expired 31/03/2018. The termination date was subsiquintly extended to 09/06/2018 and again to 31/12/2018 to give sufficient time to transition horses and donkeys to an alternative location. • Consideration of the licence holder’s particular circumstances (caring for a severely disabled child) were taken into account in extending the termination date by nine months. • Further, the intent of these licences is not to offer private horse agistment on public lands at a significantly subsidised agistment fee for long periods of time. The ACT Government does not provide private horse agistment for any other licence holder. The Holder Grazing licence fee is $1.54 per week. Other horse owners in the ACT pay in excess of $30.00 per week per horse for horse agistment. • The decision to not extend the current grazing licence for Part Block 3 Section 48 Holder has been made by taking into consideration all factors including the licence holder’s input and particular personal circumstances.

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Portfolio: Environment and Heritage ISSUE: Release of 1%AEP Flood Study Maps Talking points: • I announced the release of the flood risk maps (showing the 1% Annual Exceedance Probability (AEP), previously known as 1 in 100 year flood) on 4 December 2018. • EPSDD worked closely with the ACT Emergency Services Agency to identify areas that potentially could be impacted (in terms of extent, depth and hazard) from riverine flooding in a 1% AEP flood event. • The release of the flood maps was supported by an extensive community education program to allow property owners to interpret the flood risk information and prepare accordingly. • Public information sessions were conducted at Mawson; Belconnen and Ainslie. • The flood maps have been based on extensive technical input and flood modelling expertise provided by two locally based professional consulting firms. Funding for this work was through the Commonwealth Natural Disaster Resilience Program. • The updated maps cover the main Canberra water catchments as follows: o Sullivan’s Creek o Yarralumla Creek o Weston Creek o Woolshed Creek o Tuggeranong Creek o Jerrabomberra Creek o Ginninderra Creek • This work also forms part of the delivery of the ACT Water Strategy 2014-2044. Action 10 of this strategy is to Improve planning, information and regulation for flood management. • The ACT Government followed the process for developing flood risk mapping as recommended by the Australian Institute of Disaster Resilience. The flood mapping program was conducted as part of continual improvement to the governments planning and emergency response capability and takes into account the changing environment in terms of landuse and climate.

Cleared as complete and accurate: 16/10/2019 Cleared by: Executive Group Manager Ext:59027 Contact Officer name: Matt Kendall / Chris Glennon Ext: 57200 / 59023 Cleared for release Yes Information Officer name: Ian Walker

Page 61 QUESTION TIME BRIEF

Key Information

• A comprehensive communications strategy was developed to support the release of the flood maps. • On 15 June 2017 EPSDD presented to Economic Development Subcommittee of Cabinet and provided a presentation on the “Improving Planning, Information and Regulation for Flood Management” project. The Subcommittee requested that mitigation measures be investigated and a thorough communications strategy be developed with the release of updated flood maps. • A consultant (Calibre Consulting) has conducted ground-truthing work on the flood models and developed high level mitigation options. • The maps are now available on ACTMapi and are supported by a series of fact sheets, frequently asked questions and other information material. • Community members in potentially impacted areas were invited to community information sessions via a press release supported by individual letters and a “door knock”. • The information sessions provided the community with an opportunity to seek advice from EPSDD and Emergency Services Agencies representatives in conjunction with Industry experts and a representative from the Insurance Council of Australia. • The process was also supported by a dedicated information line available through Access Canberra. Access Canberra provided advice that they serviced in the vicinity of 350 phone calls from the community seeking information on the flood maps. • Implementation Plan 1 of the ACT Water Strategy, which ran from 2014-2018, included the following milestones:

o 10.1 Undertake studies and release information on flood risk including Sullivan’s Creek, Yarralumla Creek, Long Gully Creek, Weston Creek, Woolshed Creek, Tuggeranong Creek, Isabella Weir, Ginninderra Creek systems or others if required.

o 10.2 Review existing plans and develop an ACT Flood and Risk Management Strategy, including assessment of future flood risks and infrastructure opportunities and pressures.

o 10.3 Review planning codes relating to flood protection, flood planning standards, floodplain protection, retardation and on-site detention. • The release of these maps fulfils milestone 10.1. Work on milestones 10.2 and 10.3 is underway.

Page 62 QUESTION TIME BRIEF

Portfolio: Environment and Heritage ISSUE: Heritage Nomination List Talking points: • It is best practice to prioritise heritage nominations for assement based on a range of factors including imminent threat, thematic representation, and pressures from development or other works. • Since reaching a peak of 320 nominations in 2008, 232 decisions have been made resulting in a current nomination list of 86. On average, less than 10 new applications are received each year, and not all are accepted. • ACT Heritage within EPSDD has diligently assessed and made recommendation to the Heritage Council on heritage nominations, enabling the Heritage Council to register many heritage places and objects annually. The steady increase of registered places and objects is a significant conservation outcome for the ACT community. • Recognising that works and development applications relate to proposals that affect the heritage significance of a place or object, including Aboriginal heritage, the Government, in the 19/20 Budget, committed an additional staffing resource to deliver timely and detailed conservation advice. Key Information • Nominations receive statutory recognition under the Heritage Act which requires the Heritage Council to advise on any proposed development impacts. • Nominations older than 20 years were made under the repealed Land (Planning and Enviornment Act) 1991 which did not require the same level of information upon submission as those made under the current Heritage Act. As such, research and assessment of older nominations is more resource intensive. • The Heritage Council determines priority assessments at the beginning of each financial year. Priorities include older nominations, private residences and Aboriginal heritage and are deemed to be a priority based on known development pressures, internal resourcing and thematic research synergies. • In 2018-19 the Heritage Council received 663 applications on works and development matters, ranging from minor alterations to major redevelopment proposals. This is a sharp increase from 410 in 2014-15 and represents a 51% increase in the number of applications and referrals issed over the past three financial years.

Cleared as complete and accurate: 16/10/2019 Cleared by: Executive Group Manager Ext: 59027 Contact Officer name: Fiona Moore Ext: 59974 Cleared for release Yes Information Officer name: Ian Walker

Page 63 QUESTION TIME BRIEF

Background • ESPDD provides 2 FTE to assist the Council in assessing nominations.

2016-17 2017-18 2018-19 Nominations accepted 7 5 6

Nominations dismissed 2* 3*

Provisional registration decisions 10 18 9 (including decisions to not provisionally register)

Registration decisions (including further 6 4 4 registration decision)

*Includes the removal of identified duplicate entries on the nomination list.

Nomination totals per reporting period

320

249 230 210 210 190

145 145 136 108 94 88 Number of Nominations

Reporting Period

Nominations to the ACT Heritage Register

Cleared as complete and accurate: 16/10/2019 Cleared by: Executive Group Manager Ext: 59027 Contact Officer name: Fiona Moore Ext: 59974 Cleared for release Yes Information Officer name: Ian Walker

Page 64 QUESTION TIME BRIEF

Portfolio: Environment and Heritage ISSUE: Heritage Council Decision- Proposed Bike Track, Hall Talking points:

• As the Minister for Heritage I am confident in the Heritage Council’s work and trust its independence, decisions and integrity. The Council is an independent, statutory body and its decisions are made in the interest of the community. • The original proposal to build a 1km mountain bike track at Hall would have permanently damaged the heritage registered ‘Aboriginal Sites Zone’, which is an area of archaeological and Aboriginal cultural sensitivity. • TCCS has redesigned the project to minimise heritage impacts, and now proposes a nature play space and 500m adventure trail adjacent to the existing playground. • This proposal was submitted to the Heritage Council on 20 August 2019. • This submission did not meet all application criteria, and outstanding information was requested on 18 September 2019. • Following receipt of a complaint application the Heritage Council will make a decision. Key Information

• The ‘Aboriginal Sites Zone’ was registered to the ACT Heritage Register in 2001 as a part of the Hall Villiage Heritage Precinct. • Proposed development in the area requires approval under the Heritage Act, in the form of a Statement of Heritage Effects (SHE) approved by the Council. • The original SHE application set out that the Aboriginal Sites Zone is of moderate to high heritage significance, and that it would be directly impacted through the excavation of 60 cubic metres of soil. The SHE application also concluded that Aboriginal objects may be impacted by this excavation, and recommended the salvage of affected stone artefacts. • The original proposal for works within the Aboriginal Sites Zone was based on the convenience of it being adjacent to the Village Shops. The original proposal also did not adopt measures to minimise heritage impacts. • On this basis, the Council did not consider that to be adequate justification to permanently damange a heritage place, and therefore decided to not approve the SHE in October 2018.

Cleared as complete and accurate: 16/10/2019 Cleared by: Executive Group Manager Ext: 59027 Contact Officer name: Fiona Moore Ext: 59974 Cleared for release Yes Information Officer name: Ian Walker

Page 65 QUESTION TIME BRIEF

• The bike track proposal has local interest, with strong views both for and against the project expressed and has received significant media attention between December 2018 and February 2019. Articles have centered around Council decision making processes and integrity rather than the protection and conservation of the Aboriginal values. • The Council consulted directly with Representative Aboriginal Organisations (RAOs) as part of its consideration of the original bike track proposal; and understands that RAOs would prefer the bike track to be located beyond the Aboriginal Sites Zone, to avoid impacts to their cultural heritage.

Cleared as complete and accurate: 16/10/2019 Cleared by: Executive Group Manager Ext: 59027 Contact Officer name: Fiona Moore Ext: 59974 Cleared for release Yes Information Officer name: Ian Walker

Page 66 QUESTION TIME BRIEF

Portfolio: Environment and Heritage ISSUE: RURAL LEASEHOLDER CONCERNS WITH PROPOSED CUPPACUMBALONG TO LANYON HOMESTEAD WALK Talking points:

• On 12 September 2018 I announced that Cuppacumbalong Homestead (Cuppacumbalong) had been awarded a $21,000 (ex gst) ACT Heritage Grant to develop an interpretative walk along the Murrumbidgee River Corridor linking Cuppacumbalong with Lanyon Homestead. • A section of the proposed walk runs adjacent to a private rural lease. The lessee, , objected to the proposal citing it would create issues such as: more dogs in the area, waste, illegal activity (hunting and camping), theft and impacts to lambing. • Cuppacumbalong attempted, unsuccessfully to consult with • On 18 June 2019 ACT Heritage facilitated consultation between Cuppacumbalong, its project parters (PCS and ACT Historic Places), and rural lessees adjacent to the proposed walk. • It is anticipated that Cuppacumbalong will seek a variation to the Heritage Grant to: interpretive signage at Cuppacumbalong and Lanyon Homesteads without a walking trail connection. Key Information

• Following announcing in September 2018, Cuppacumbalong, together with project partners advised they would liaise with regarding his concerns. • The Director ACTHP advised on 13 November 2018 that two meetings had been requested however declined both. • ACT Heritage then proceeded with the administration of the Deed of Grant, allowing the project to proceed. • Since that time PCS and ACT Heritage have met with on several occasions. • In a meeting on 19 March 2019 ACT Heritage advised that the project has been proposed in three stages, with the first being ‘planning, consultation and approval’. This phase is still active and should be engaging with Cuppacumbalong to raise concerns and inform planning. agreed to this. • To assist, ACT Heritage facilitated consultation between Cuppacumbalong and its project partners and adjacent rural lease holders on 18 June 2019.

Cleared as complete and accurate: 16/10/2019 Cleared by: Executive Group Manager Ext: 59027 Contact Officer name: Fiona Moore Ext: 72160 Cleared for release Yes Information Officer name: Ian Walker

Page 67 QUESTION TIME BRIEF

Background Information

• A range of stakeholders were consulted in the development of the grant application including Aboriginal representatives, representatives of the Tharwa community, ACTHP which manages Lanyon Homestead, rural leaseholders and relevant government agencies. • The proposal for the interpretive walk was discussed with and Director ACTHP, Ms Penny Spoelder, at the time the grant application was developed. did not support the proposal because of his abovementioned concerns. • The majority of the walk is located within the boundaries of the Murrumbidgee River Corridor (PCS) and is consistent with the Murrumbidgee River Corridor Plan of Management and the Tharwa Village Plan – which recommends the upgrade of the Tharwa Explorer Track, including the consideration of improved regional path connections and equestrian routes incorporating the Bicentennial National Trail. • The remaining sections of the walk are located within the Lanyon Historic Precinct (ACTHP) and within Cuppacumbalong (private). • Two Freedom of Information Act 2016 applications were received on 21 November 2018 from a Member of the Legislative Assembly for information relating to the Ngunnawal Trail development and grant application in 2018-19. A total of 59 documents were identified as relevant and included documents such as questions on notice, the grant application and supporting documents, and design and construction quotes. A single response to the applications was issued on 8 February 2019, within statutory timeframes. The application outcome was partial release and the released documents have been submitted for publication on the disclosure log.

Cleared as complete and accurate: 16/10/2019 Cleared by: Executive Group Manager Ext: 59027 Contact Officer name: Fiona Moore Ext: 72160 Cleared for release Yes Information Officer name: Ian Walker

Page 69 QUESTION TIME BRIEF

Portfolio: Chief Minister ISSUE: City Precinct Renewal Program Overview and Project Update Talking points: • On 5 July 2019, the City Renewal Authority launched a compreshensive long-range program to guide the growth and transformation of the City Renewal Precinct. • The program identifies the important implementation role of other Government agencies and the private sector in the renewal process. • The program includes a mix of long, medium and short-term renewal actions, which have been developed through extensive consultation with the community and a full review of current ACT Government strategies and planning policies. • Public consultation included a review of 15-years of previous consultations, a one-month YourSay engagement, and a stakeholder workshop with representatives from government, private sector and community organisations. • Capital improvements within the City Renewal Precinct are currently progressing in several key locations, including the:

delivery, planning and design work for a range of public realm improvements; and

forward development planning for future land releases. Key Information

• Public Realm Upgrades - The Authority is planning to implement a range of public realm improvements in the City Renewal Precinct with works on Akuna Street being well underway and works soon to commence on Mort Street. • Land Release - The sequence of land release is scheduled to progress from Civic towards the lake. Part Section 63 City, including the north-west cloverleaf, is scheduled for release in 2019-20. A further two releases at this site will subsequently be undertaken in 2020-21 and 2021-22. Future land releases in Acton and the southwest and southeast cloverleaves are still several years away. • Aquatic Facilities - The feasibility of a future Civic aquatic facility is being considered as part of the Acton Waterfront Review.

Cleared as complete and accurate: 15/10/2019 Cleared by: Chief Executive Officer Ext: 51805 Contact Officer name: Andrew Benson Ext: 78277 Return to Index Cleared for release Yes Information Officer Name: Malcolm Snow

Page 70 QUESTION TIME BRIEF

• City Stadium - Development of a city stadium is a medium-term priority for the Government. In time, design and feasibility options will be undertaken to determine the best approach to its delivery.

Page 71 QUESTION TIME BRIEF

Portfolio: Chief Minister ISSUE: SYDNEY AND MELBOURNE BUILDINGS REVITALISATION Talking points: • Construction of the shared waste enclosures at Verity and Odgers lanes is complete, with the certificate of operational acceptance received in August 2019. • A contract with a new private waste service provider has been finalised, and operation of the shared waste enclosures under a licence arrangement is expected to commence in November with a 28-day transition period, and a 12 month trial to resolve any issues. • The ACT Government is considering preparing new legislation – Buildings of Significance – that would allow it, through the City Renewal Authority, to declare a building as significant and prepare a legally-binding revitalisation plan that establishes criteria for determining the scope of refurbishment required. • Under the proposed legislation, the Sydney and Melbourne buildings would be declared Buildings of Significance upfront. • The revitalisation plan would identify what improvements, repairs and maintenance the owner would need to make within a prescribed framework. If the buildings’ owner/s do not meet the requirements in the plan the Authority would be able to carry out the required improvements at the owners’ expense. • The revitalisation plan would be a disallowable instrument. • The Authority is engaging key stakeholders (property owners potentially affected by the proposed legislation) to seek their input into:

o The process for preparation an implementation of the revitalisation plans

o The criteria for selecting which building/s may be declared as buildings of significance • Affected stakeholders can provide feedback and their input via an online survey, briefings and workshop all occurring by 18 October.

Cleared as complete and accurate: 11/10/2019 Cleared by: Chief Executive Officer Ext: x 51805 Contact Officer name: Peter Rea Ext: x 76857 Return to Index Cleared for release Yes Infromation Officer Name: Malcom Snow

Page 72 QUESTION TIME BRIEF

Key Information • The shared waste enclosure initiative will provide the opportunity for laneway activation by removing the existing waste and recycling bins. • The proposed new legislation – Buildings of Significance – will initially focus on the Sydney and Melbourne buildings and aims to overcome the challenges and complexity associated with their unique ownership structure. • Sydney and Melbourne buildings are iconic buildings in the heart of the city. For many years community, stakeholders and property owners have urged and expected the ACT Government to improve the buildings to their full potential. The ACT Government has limited authority to improve the buildings because they are privately owned. Background Information • The Sydney and Melbourne Buildings (SMBs) are important heritage-listed landmarks in the city centre and are highly valued by the community. The SMBs form a gateway to City Hill along Northbourne Avenue and directly interface with the Civic transport network (Bus Interchange and Light Rail Station). • The SMBs encompass four individual buildings comprising 102 separate titles. There is no common management body for either building. • As a direct consequence, the appearance of the ‘Public Areas’ (e.g. façade, footpaths, colonnades, verandas, shopfronts, signage etc) vary greatly from lease to lease, with the majority considered to be in an average to very poor condition.

Page 73 QUESTION TIME BRIEF

Portfolio: Chief Minister ISSUE: ACTON WATERFRONT DEVELOPMENT Talking points: • Further construction work on the Acton Waterfront Project was originally expected to commence in 2018 and take two years to complete. Commencement of construction has been delayed, as the Territory is yet to finalise negotiations with the Commonwealth concerning the acquisition of a section of the West Basin lake bed which is National Land. • This further work includes land reclamation, construction of a further 500 metres of new lake wall and boardwalk. The works also require the demolition of the ferry wharf and the former boat hire building. • Waterfront development works are subject to National Capital Authority (NCA) works approval. The Works Approval application has been completed but will not be submitted to the NCA until an agreement with the Commonwealth is executed. • The Authority is currently undertaking a review of the existing development planning for Acton Waterfront which will inform the future infrastructure works and land releases for this highly prominent place. The review has adopted a place-based approach to ensure that Acton Waterfront meets the needs of current and future Canberrans. • Input from the community is being sought on the formulation of a place plan and urban design framework to guide future development. Key Information

• The 2017-18 Budget (Mid-year Review) provided the authority $37.738 million over three years from 2018-19 for construction of the second stage (Works Package 2A) of the West Basin waterfront. Due to delays in reaching agreement with the Commowealth Government on the transfer of lake bed land required to deliver the new lake wall and board walk this allocation has been rolled forward as part of the 2019-20 Budget. • A desktop analysis has been undertaken and demonstrates that the absence of the lakebed site would significantly impact on the place outcome and financial viability of the precinct. • Chief Minister, Treasury and Economic Development Directorate (CMTEDD) has been is leading the land transfer negotiations with the Commonwealth and are hopeful of successfully concluding these negotiations.

Cleared as complete and accurate: 11/10/2019 Cleared by: Chief Executive Officer Ext:51805 Contact Officer name: Cindy Cantamessa Ext:58339 Return to Index Cleared for release Yes Infromation Officer Name: Malcolm Snow

Page 74 QUESTION TIME BRIEF

• A community workshop with invited members of the community and key stakeholders is planned for Wednesday 16 October 2019. The objective of the workshop is to:

o Understand and confirm the relevance of the previous community engagement outcomes through a contemporary lens, and

o Seek input on the place themes and place plan thinking. Background Information

• Following a public consultation process, Henry Rolland Park was selected as the name for the new public park constructed in Stage 1. Henry Rolland was an architect who was influential in the design and construction of early Canberra. • The first 150m of boardwalk and the adjoining new park were opened to the public on 28 April 2018. More than 20,000 trees, shrubs and grasses have been planted in this first stage. • The new park has already become a popular public space with the community enjoying the fitness equipment and picnic areas. • Barrine Drive west of Commonwealth Avenue Bridge now functions as a slow-speed shared zone to accommodate increased cyclist and pedestrian use. • Indesco, a local engineering consultancy firm, has been engaged to lead the Acton Waterfront Review. Along with them, Hames Sharley, has been appointed the Place Plan and Urban Design Framework Consultant. Hames Sharley is currently undertaking a place audit and researching the place influencers. Community engagement will also be undertaken to inform the place planning.

Page 75 QUESTION TIME BRIEF

Portfolio: Chief Minister ISSUE: HAIG PARK EXPERIMENTS Talking points: • Implementation of the Haig Park Place Plan is well underway. It started with a 3 day outdoor cinema in March 2019, supported by the City Renewal Authority. • The Authority has engaged a consortium led by the University of Canberra (UC) to implement a range of public events, activities and short-term infrastructure improvements from June to late 2019. • Two major experiments have recently been rolled out: nature play, and the ‘bubble’ – an inflatable, mobile events space and sculptural piece, which will host a range of small events on Fridays and weekends. • The largest event to date has been the Festival of the Forest on 24 August which attracted a diverse audience of 6,000 people – a major achievement for an outdoor winter event. • Other popular experiments include a bike pump track and dog agility equipment which is being trialled in different locations in the park. • This program has provided funding for park caretakers, approximately 100 artists and activity facilitators, and provided sales and promotional opportunities for 22 Canberra-based food and beverage businesses. • The impact of the experiments on public use and perceptions of Haig Park will be evaluated. The findings will inform long-term permanent park improvements. • UC is collaborating with Tait Network, Dionysus and the Ainslie and Gorman Arts Centre to deliver the program. • The consortium is working closely with TCCS Urban Treescapes and ACT Heritage to ensure the park’s heritage values and trees are protected. • The Authority has acquired the former Haig Park depot with the aim of repurposing it into a community facility. The CRA is also investigating the design and construction of an adventure playground. Background

• The Haig Park Place Plan was released on 18 July 2018 and has been well received by the community, particularly its initiatives to improve public safety.

Cleared as complete and accurate: 11/10/2019 Cleared by: Chief Executive Officer Ext: 51805 Contact Officer name: Andy Sharp Ext: 72003 Return to Index Cleared for release Yes Infromation Officer Name: Malcolm Snow

Page 76 QUESTION TIME BRIEF

• The contract with UC is valued at $1,033,748 (GST inclusive) and was subject to an open tender process. The contract is published on the Tenders ACT website.

Page 77 QUESTION TIME BRIEF

Portfolio: Chief Minister ISSUE: WOOLLEY STREET DICKSON PROJECT Talking points: • The City Renewal Authority is currently trialing several pop up installations and events in Woolley Street, Dickson. IFCW are assisting the Authority in implementing these temporary upgrades and community events over the next three months. • The project was awarded a mid-year budget allocation of $525,000 in 2018/19. The Authority is contributing an additional $1,000,000 to fund the initiative. • The upgrades are based on ideas identified by the community in the formulation of the Dickson Place Plan (2018) which builds on the area’s existing urban character and place ‘values’ as a family-friendly Asian food hub. • The 8-week trial installation (Sep – Nov) 2019 will re-imagine Woolley Street through outdoor seating areas, festoon lighting and lanterns, blossom trees and a plaza with play elements for all ages. • A dedicated events and community program throughout the trial includes a multicultural dinner party with music and live performances from Canberra’s diverse community groups. • The feedback from the engagement process during the Woolley Street trial will inform final design concepts for permanent upgrades. Key Information • The Dickson Place Plan was publicly released on 19 December 2018. • The Plan was also promoted at a community street party in Dickson organised by the MyDickson Town Team on 19 December 2018. Background Information

What is a ‘place plan’? It is a community-led process that identifies a place’s character and sets out actions to make the area even better.

How is the town team funded? The MyDickson town team is an independent group of residents, businesses and local stakeholders. The town team format was identified as part of the place plan process and the authority helped fund the establishment of the group ($2,500).

Cleared as complete and accurate: 11/10/2019 Cleared by: Chief Executive Officer Ext:51805 Contact Officer name: Andy Sharp Ext:72003 Return to Index Cleared for release Yes Infromation Officer Name: Malcolm Snow

Page 78

2018-19 Annual and Financial Report Hearings Ms Yvette Berry MLA – Minister for Housing and Suburban Development Standing Committee on Planning and Urban Renewal Thursday, 7 November 2019 – 3:45pm to 5:00pm (1 hour 15 minutes)

1. Governance of the Suburban Land Agency

2. Gungahlin Development Update – Including Estate Development Plan

3. Molonglo Development Update

4. Molonglo Commercial Update

5. West Belconnen Ginninderry Development Update

6. Industrial Update

7. Purchasing land from the Suburban Land Agency

8. Stakeholder/Community Engagement

9. Coombs Playspace Engagement

10. Land Pricing – Industry Comparison

11. Coombs Penisula

12. Affordable, Public and Community Housing Delivery

13. SLA Return to Government

14. Loan for Ginninderry Joint Venture

15. ACT Housing Strategy

16. Housing Targets: Public, Community and Affordable Housing Pg. 65

17. Housing Strategy – Implementation and Delivered Actions Pg. 65

18. Housing Affordability Pg. 10

19. Public Housing Renewal Program Pg. 66, 71-73, 108

20. Public housing - Community Facility-zoned Land 65, 108

21. Parkwood Egg Farm

Return to Index

Page 80 QUESTION TIME BRIEF

Portfolio: Housing and Suburban Development ISSUE: GOVERNANCE OF THE SUBURBAN LAND AGENCY Talking points: • The Suburban Land Agency (the Agency) actively promotes operational governance as a key priority. • The Agency’s Governance team provides strategic advice to the Chief Executive Officer, the Agency Executives, the Board and the Board’s Committees. This supports the Agency to make informed decisions and to implement good governance practices. • The Governance team also support the Suburban Land Agency and the Board to comply with obligations under relevant laws and regulations. Key Information

• The Agency’s governance framework ensures adequate oversight of risk management and fosters relevant internal training programs including in relation to (i) records managements, (ii) respect, equity and diversity, (iii) fraud, corruption and ethics, (iv) records and (v) work, health and safety. • The Governance branch coordinates the Agency’s internal audit function with the Agency’s internal auditors (an outsourced independent provider) and ensures that audit recommendations are duly addressed. Background Information

• The Agency recruited the Agency Secretary and Governance Manager in March 2019 to transition and strengthen the Agency’s governance focus. A subsequent Agency restructure allowed for the creation of two teams within the Governance branch, with a focus on supporting the Agency Board and managing the Agency’s daily operations. • The Agency’s Board Audit and Risk Committee endorsed for Board approval the Agency’s internal audit for 2019-20 (and the Board subsequently approved the plan). Planned internal audits include:

o Work, Health and Safety; Procurement Evaluation and Insights; Business Continuity and Planning; Compliance with the Territory’s Records Act 2002 and Implementation of the Asset Recycling Initiative.

Cleared as complete and accurate: 31/10/2019 Cleared by: Chief Executive Officer Ext: 57346 Contact Officer name: Sally Gilbert Ext: 59980 Cleared for release Yes Information Officer name: John Dietz Return to Index

Page 83 QUESTION TIME BRIEF

Portfolio: Housing & Suburban Development ISSUE: MOLONGLO DEVELOPMENT UPDATE Talking points: • The Indicative Land Release Program (ILRP) for 2018-19 to 2021-22 identified the release of 2,794 dwelling sites, 19,597m2 of mixed use development site area and 55,141m2 of community site area across four development fronts (Wright, Coombs, Denman Prospect and Whitlam). The ILRP also identified the first release in the Molonglo Commercial centre of 15,000m2 in 2020-21. • 1,126 dwelling sites were identified for release in 2018-19. The Suburban Land Agency released 541 dwelling sites. The reduction is largely due to finalising the planning approvals for Molonglo 3 and Whitlam resulting in 600 dwellings being deferred to 2019-20. Additional sites in Taylor and in Gungahlin were released as a result. • The ILRP for 2019-20 identifies the release of 926 dwelling sites, 6,582m2 of mixed use development site area and 5,141m2 of community site area across three development fronts (Wright, Coombs and Whitlam). The ILRP also identified the first release in the Molonglo Commercial Centre of 15,000m2 in 2022-23. Key Information

• The Suburban Land Agency is currently undertaking several projects in Molonglo with the main activities including:

o Land sales in Coombs and Wright o Finalising landscape works in North Coombs and North Wright o Land Servicing in Stage 1 of Whitlam o Estate development planning for Whitlam Stages 2 and 3 o Construction of footpath connections around Coombs, adjacent to the Molonglo Valley river corridor

o Consultation and planning for a new Coombs Play Space near Holdens Creek Pond

o Ecological and Geotechnical Surveys on the Coombs Peninsula o Suburban Land Agency’s Mingle community development program

Cleared as complete and accurate: 31/10/2019 Cleared by: Chief Executive Officer Ext: 57346 Contact Officer name: Simon Tennent Ext: 54096 Cleared for release Yes Information Officer name: John Dietz Return to Index

Page 85 QUESTION TIME BRIEF

• The Suburban Land Agency continues to sell blocks of land over the counter in Wright and Coombs. As at end October 2019 blocks ranged in size from 447m2 to 977m2 with prices starting at $435,000.

Page 86 QUESTION TIME BRIEF

Portfolio: Housing & Suburban Development ISSUE: MOLONGLO COMMERCIAL UPDATE Talking points: • Commercial land has been released progressively to meet population growth. This approach remains consistent with the development of new suburbs in other areas of Canberra. • In previous years the Territory has released a number of sites for commercial and retail operations in Molonglo Stage 1 and 2 (Wright, Coombs, North Weston and Denman Prospect). • During 2017-18, the Suburban Land Agency released 15,770m2 of mixed use sites. The private industry is currently undertaking the developments on these sites and bringing retail and general services to local residents. • In March 2019, a mixed use site of approximately 9,300m2 was auctioned and sold in Coombs. Over the next four years, three additional mixed use sites in Wright and Coombs and a local centre zoned site in Coombs will be released. These releases will enable the market and developers to meet the demand for shopping and other services of the area. • The Environment, Planning and Sustainable Development Directorate (EPSDD) is currently progressing the concept planning for the first release in the Molonglo Commercial Centre in 2022-23. The development of a commercial centre, like other town centres will take many years to fully develop. Key Information

• The population in Molonglo Valley was estimated at around 6,700 residents at 30 June 2019 (4,600 residents according to the 2016 Census). Current allowance for supermarket space is made up of Denman Prospect (1,000m2) and Coombs (1,000m2), with the Koko development (Wright) also proposing a 1,500m2 supermaket upon completion. • Additionally, a McDonalds fast food service and Oporto fast food servcie is now open at North Weston, with accompanying service station completion imminent. • The current supply of commercial land released, developed and being developed is consistent with the national average for supermarket space of 332m2 per 1,000 residents.

Page 87 QUESTION TIME BRIEF

• Over the next ten years the population of the Molonglo Valley is anticipated to grow to around 30,000 residents, with a 20 to 25 year population estimate of around 60,000 residents. • EPSDD is undertaking concept planning work for the Molonglo Commercial Centre (MCC), which will inform the requirements for commercial, community, residential and open space land in and around the town centre. This will enable the first land release of MCC, as forecast in the Indicative Land Release Program for 2022-23, being 15,000m2 of commercial land. The release would permit a full line supermarket of 3,500m2. This would be in line with the national average for supermarket space, for the medium term growth of Molonglo. Background Information

• Molonglo Stage 1, retail shopping and related commercial demand will be serviced from:

o Block 3, Section 36 Coombs. The site was sold in March 2015 to a developer and included a requirement for a 1,000m2 supermarket. The developer is responsible for the built form and operation. Currently one grocery shop is in operation.

o Block 1, Section 17 Coombs. The site was sold in March 2015 to a developer for community use. The site requires the delivery of a Community Activity Centre (community hall, meetings rooms) and permits uses for a health facility, providing health care services to outpatients. Currently a pharmacy, a gym, child care centre and a vet are in operation.

o Part Block 1218 Weston Creek on the Cotter Road was sold in November 2015 to a developer for a service station, car wash and fast food operations. The fast food is currently in operation. Block 3, Section 41 Coombs of 8,714m2 was sold in February 2017 to a developer for a mixed-use development. Construction on the site is underway.

2 o Block 1 Section 38 Wright of 15,770m was sold in December 2017 to a developer for Commercial Zoning land use. The developer lodged a Development Application, which is being assessed by the EPSDD including a proposed supermarket and other commercial uses.

o Two Commercial Zoned blocks, Block 1 Section 11 and Block 5 Section 2 Coombs of over 9,000m2 each were auctioned and sold in September 2018 and March 2019 repectively. • Molonglo Stage 2, retail shopping and related commercial demand will be serviced from:

o Denman Prospect Stage 1B being developed by Capital Estate Developments Pty Ltd (CED), which includes commercial, community uses, supermarket, place of worship, childcare and community facilities. CED opened the Denman Village Local Centre January 2019 with an IGA supermarket in operation.

2 o The MCC, in the long term, will provide approximately 95,000m of retail, commercial and community floor space. Timing for a staged release will consider local population growth, market demand for larger scale operations, balanced around local shopping opportunities.

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• Molonglo Stage 3, retail shopping and related commercial demand will be serviced from a local centre in Whitlam and commercial, community and educational facilities in the remaining parts of Molonglo Stage 3 as it is progressively developed.

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Portfolio: Housing and Suburban Development ISSUE: DEVELOPMENT UPDATE ON THE WEST BELCONNEN (GINNINDERRY) JOINT VENTURE Talking points: • The West Belconnen Joint Venture, known as Ginninderry, stretches from the north western suburbs of Canberra (Holt and Macgregor) across the ACT/ NSW border into part of the Yass Valley. It is bounded on two sides by the Murrumbidgee River and Ginninderra Creek. The first two suburbs of Ginninderry will be Strathnairn and Macnamara. • The site is being developed by a Joint Venture between the Territory and Riverview Projects. • Based on the development potential of land being contributed to the joint venture, the respective interests of the parties are 60% for the Territory and 40% for Riverview. Project costs and risks will be shared in those proportions. • Construction of Stage 1 of the project, comprising 356 blocks, is complete, with first settlements occurring in June 2019. The display village, called Ginninderry Experience or GX, opened to the public on 26 October 2019. The first residents are expected to move in early 2020. • Planning approval for Stage 2 was achieved in March 2019. Stage 2 comprises a further 800 blocks and commenced construction in September 2019. • Recent initiatives of the project include: o the establishment of a Conservation Trust to manage the river corridor;

o implementing a bus service for the first residents of Strathnairn; o investigating the reuse of stormwater within the site to irrigate the verge and open spaces; and

o the implementation of an energy strategy in the first stage, including the area being the ACT’s first gas free suburb.

Cleared as complete and accurate: 31/10/2019 Cleared by: Chief Executive Officer Ext: x75553 Contact Officer name: Chris Webb Ext: x76824 Cleared for release Yes Information Officer name: John Dietz Return to Index

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• Major project considerations currently being addressed are the removal of environmental clearance zones; including the West Belconnen Landfill and the zone around the Lower Molonglo Water Quality Control Centre. • The process to re-zone the NSW land has commenced through the Yass Valley Council and the NSW Government. After a formal consultation period, the Yass Valley Council approved the proposal to progress in October 2019. A final decision, by the NSW Department of Planning, on the planning proposal is anticipated in mid-2020. Key Information

• The total area of land covered by the development proposal is over 1,600 hectares. Of this around 800 hectares are protected in the open space network including approximately 600 hectares for the river corridor/ conservation area. • The new community will become home to up to 30,000 residents on completion. • There will be approximately 11,500 dwellings of which some 6,500 will be in the ACT and 5,000 in NSW (subject to rezoning approval). • It will provide a diverse range of housing and lot sizes to suit a wide range of budgets, buyers and lifestyles. • It will be the first cross-border development for the ACT and NSW, with three suburbs in the ACT and one border adjacent community in NSW (subject to rezoning approval). The project will cross the border in approximately 2034. • It will take 30-40 years for the development to be complete Background Information

• In May 2013, the Government entered into an agreement with the Riverview Group to develop land in West Belconnen and adjacent land in NSW. On 15 December 2015, the Government agreed to the Territory entering into a land development joint venture with the Riverview Group. The area to be developed is approximately 1,600 hectares: 670 in the ACT and 330 in NSW. The balance of approximately 600 hectares is to meet requirements of the National Capital Plan and protection for the ecology of the Murrumbidgee River and Ginninderra Creek corridor. • The project has been conceived and developed to date with high environmental and sustainability values. Project initiatives include:

o a memorandum of understanding with the adjacent Strathnairn Community Arts facility to provide additional resources and facilities for Strathnairn and minimise the impacts of the development on the community;

o the formation of a Trust to actively manage the river corridor, to protect the environmental values of the corridor whilst allowing community access;

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o a training and employment initiative, called SPARK, in partnership with stakeholders across community services, vocational training and industry to deliver engagement training and employment opportunities for the Ginninderry community; and

o implementation of a ‘Greenstar’ sustainability rating system. In order to attain a Greenstar rating, the development is assessed against Governance, Design, Economic Prosperity, Liveability, Environment and Innovation. Ginninderry has attained a six star rating, the highest possible under the scheme. • Processes are currently underway to manage the following: o Undergrounding of some of the TransGrid high voltage powerlines that traverse the site including investigations around accessing Commonwealth funding;

o appropriate buffer zones for the Lower Molonglo Water Quality Control Centre; and

o reduce the environmental clearance zones around the West Belconnen Resource Recovery Centre as well as investigating future land uses on the site. The capping of the landfill is currently scheduled for mid-2021. • The Variation to the Territory Plan No.351 allowing the development was approved in June 2016. Amendment 86 to the National Capital Plan was formalised on 23 November 2016. • Approval under the Environment Protection Biodiversity Conservation Act 1999 was received in September 2017. • The Joint Venture commenced after the disallowance period for Amendment 86 to the National Capital Plan expired on 23 November 2016. • Marketing of Stage 1 commenced in April 2017 with first resident occupation expected by early 2020. • The ILRP 2018-19 to 2021-22 forecasts the release of 300 residential dwellings per year.

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Portfolio: Housing and Suburban Development ISSUE: INDUSTRIAL LAND Talking points:

• The Indicative Land Release Program (ILRP) allows for industrial land releases in Hume, Symonston, Fyshwick and Majura Valley (Pialligo) over the next four years. • The Eastern Broadacre Strategic Assessment (EBSA) is considering the foreseeable impacts to matters of national environmental significance to areas of land on the eastern edge of the ACT. This involves the preparation of a Strategic Assessment under the Commonwealth’s Environment, Protection and Biodiversity Conservation Act 1999, as well as ACT processes for consideration under the Nature Conservation Act 2014, and an amendment and variation to both the Territory and National Capital Plans. • The Strategic Assessment impacts land in Fyshwick, Symonston and Majura and prevents releases until finalised. • 20,000m2 of industrial land was released in Hume in 2018-19 and a further 20,000m2 will be released in 2019-20. Key Information

• The ILRP for 2019-20 provides for industrial land releases in Hume (20,000m2). • The ILRP then forecasts a release in Symonston of 40,000m2 in 2020-21 and releases in Fyshwick (20,000m2) in 2021-22, and Pialligo (20,000m2) in 2022-23. • There is a risk that current constraints on Symonston, Fyshwick and Pialligo as a result of Commonwealth consideration of the Eastern Broadacre Strategic Assessment will not be resolved in time to allow for these releases to occur. Background Information

• Five blocks in Hume from previous releases have exchanged contracts during 2018-19, leaving another four available for sale. This indicates a moderate demand for new industrial land, exemplifying the need to keep a supply in the market.

Cleared as complete and accurate: 31/10/2019 Cleared by: Chief Executive Officer Ext: 57346 Contact Officer name: Chris Webb Ext: 76824 Cleared for release Yes Information Officer name: John Dietz Return to Index

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Portfolio: Housing and Suburban Development ISSUE: PURCHASING LAND FROM THE SUBURBAN LAND AGENCY Talking points: • There are more opportunities to purchase land in Canberra than ever before. • The SLA currently has approximately 550 single residential blocks available for purchase in its four estates – Taylor, Throsby, Coombs and Wright. • Through the Ginninderry joint venture project there are around 48 single residential blocks available over the counter. • Blocks can be purchased over the counter, with prices starting at $295,000. • In addition, seven multi-unit development sites in Taylor are currently available for purchase over the counter. • Details of the available land can be found on the SLA website – suburbanland.act.gov.au. • Purchasers can get more information by contacting the appointed sales agent for the estate or through the SLA’s website Key Information

• Civium Property Group is the appointed sales agent for Throsby, Coombs and Wright. • Independent Property Group is the appointed sales agent for Taylor. • Land at Strathnairn can be purchased directly from the joint venture. • Once purchasers identify a block they are interested in they contact the sales agent to complete sales instructions and have 14 days to exchange contracts on a 5% deposit. • Blocks in Throsby, Wright, Coombs and some sections of Taylor and Strathnairn are available for immediate settlement. Remaining blocks in Taylor and Strathnairn, will usually settle 30 working days after civil construction works are complete. • Available single residential blocks sizes range from 325m2 to 1,067m2, while prices range from $295,000 to $670,000. • Available mulit unit sites in Taylor range from 4,505m2 to 6,727m2 and permit the development of between 28 and 57 dwellings.

Cleared as complete and accurate: 31/10/2019 Cleared by: Chief Executive Officer Ext: 57346 Contact Officer name: Julia Forner Ext: 77096 Cleared for release Yes Information Officer name: John Dietz Return to Index

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Portfolio: Housing & Suburban Development ISSUE: STAKEHOLDER AND COMMUNITY ENGAGEMENT BY THE SUBURBAN LAND AGENCY Talking points: • The Suburban Land Agency (the Agency) manages community engagement reflective of the Agency’s role in land release projects. This may inlcude during development delivery, sale, demolition or construction of sites. This approach reflects responsibilities outlined in the EPSDD Governance Framework for Land Release and Development. • The Agency is committed to expanding the engagement program in urban and greenfield projects and exceeded the target of three Stakeholder Engagement projects in the 2018-19 Statement of Intent. • The 2018-19 engagement projects comprised: o Jacka 2; o Kingston Foreshore Arts Precinct; o Coombs Play Space; o Whitlam Future Playground; and o Hume 2B Fill Movement. Key Information

• Urban engagement – sites which may require community engagement from the Agency over the next two years include (but are not limited to):

o Gold Creek Homestead, Ngunnawal; o East Lake and Kingston; o Coombs peninsula; o Belconnen former Water Police site; o Lathlain Street, Belconnen (former fire and ambulance stations); and o Furzer Street, Phillip. • Greenfield engagement – the key focus has been on the future Coombs 3A Play Space on Edgeworth Parade. The Agency completed the phase 2 engagement process in early October 2019 with Communication Link. A full independent report will be provided by the consultant in late-2019. Background Information

Cleared as complete and accurate: 31/10/2019 Cleared by: Chief Executive Officer Ext: 57346 Contact Officer name: Mayumi Piper Ext: 53146 Cleared for release Yes Information Officer name: John Dietz Return to Index Page 95 QUESTION TIME BRIEF

• In greenfield developments, the Mingle community development program has provided the Agency and new residents with a connection point where meaningful engagement has been able to take place. • In early 2019 work continued on the Kingston Arts Precinct which culminated in an announcement in early July. An agreement was signed for Geocon to deliver the highly anticipated Kingston Arts Precinct project. • In July 2019, the successful tenderer for Canberra Brickworks was announced. Doma will continue with work for this key Canberra sight in Inner South into 2020. • Gold Creek Homestead Community panel had the first of three panel meetings on 26 October 2019 with the two remaining meetings to be held in November.

Portfolio: Housing & Suburban Development ISSUE: COOMBS PLAY SPACE ENGAGEMENT Talking points: • In August 2019, the Suburban Land Agency appointed consultant firm Communication Link to undertake the Stage 2 Engagement which engaged key organisations, community represented groups and individual community members through face-to-face meetings, events, localised door knocking and online platforms over a six week period between August and October 2019. • The engagement program gathered and recorded additional feedback from interested stakeholders on the proposed size, scale and inclusions in the new Coombs Play Space at Holdens Creek Pond. • The engagement process concluded on 4 October 2019 with a full report due from the consultants in early November 2019. Key Information

• The Suburban Land Agency endeavours to build healthy, active and integrated communities that consider the benefits for the whole community. The Coombs Play Space currently planned at Holden’s Creek Pond will provide more opportunities for recreation and active living. • Consistent with the Coombs and North Coombs Estate Development Plans, and the Coombs Landscape Strategy, a Play Space is planned for Edgeworth Parade, adjacent to Holden’s Creek Pond. It is intended to be an inclusive play space with something of interest for all ages as well as visitors to Holden’s Creek Pond and the Molonglo River Corridor. Background Information

• There has been considerable feedback from residents adjacent to proposed site for the Play Space. They have expressed concerns over losing their water views, noise, traffic, parking, anti-social activity and the size and scale of the draft design. • The range of facilities in local parks is generally based on the size of the local population it would service. The Coombs Play Space at Holdens Creek concept design considers a range of facilities catering to children of varying ages. • The outcomes of the Stage 2 consultation will inform the final design.

Cleared as complete and accurate: 31/10/2019 Cleared by: Chief Executive Officer Ext: 57346 Contact Officer name: Simon Tennent Ext: 54961 Cleared for release Yes Information Officer name: John Dietz Return to Index

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ISSUE: LAND PRICING – INDUSTRY COMPARISON Talking points: • The market for detached single residential blocks in the ACT provides buyers with unprecedented choice, with more than 550 blocks in a variety of locations available for sale over-the-counter from the Suburban Land Agency (SLA). • Blocks are available for sale within SLA estates in the Molonglo Valley (North Coombs and North Wright), as well as the Gungahlin suburbs of Throsby and Taylor. • Around 60 additional blocks are also in the Ginninderry (West Belconnen Joint Venture (JV)) suburb of Strathnairn. • In addition to the supply available within SLA and JV estates, detached single residential blocks are available within private sector estates in the ACT and surrounding NSW, with more than 200 blocks in a variety of locations available for sale over-the-counter.

o Blocks are available in the Molonglo Valley suburb of Denman Prospect, as well as the surrounding NSW at Googong Township and South Jerrabomberra. Key Information Suburban Land Agency Estates • As at mid-October 2019, there was a total of 554 detached single residential blocks available for sale over-the-counter (OTC) in SLA estates North Coombs (25 blocks), North Wright (60 blocks), Taylor (386 blocks) and Throsby (83 blocks). • The median price of the blocks available for sale is $425,000, with a median size of 540m² and a median price per square metre rate of $769. o The prices of blocks available for sale range from $295,000 to $670,000, with sizes ranging from 325m² to 1,067m², and price per square metre ranging from $515 to $1,077. • The median price of blocks available for sale in Ginninderry is $336,400, with a median size of 489m² and a median price per square metre rate of $691.

Cleared as complete and accurate: 30/10/2019 Cleared by: Chief Executive Officer Ext: 57346 Contact Officer name: Neil Bulless Ext: 70264 Lead Directorate: Suburban Land Agency Cleared for release Yes Information Officer name: Neil Bulless Return to Index

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• Summary of blocks available for sale by estate:

Estate Median Price Median Block Size Median Rate/m2 North Wright $490,000 538m² $926 North Coombs $490,000 540m² $907 Throsby $440,000 482m² $944 Taylor $415,000 567m² $735

Strathnairn $336,400 489m² $691

Private Estates • As at end of September 2019, there were a total of 209 detached single residential blocks available for sale over-the-counter in the private estates of Denman Prospect (103 blocks), Googong Township (81 blocks), and South Jerrabomberra (24 blocks). • The median price of blocks available for sale were $404,000, with a median size of 509m² and a median price per square metre rate of $833. o The prices of blocks available for sale range from $288,000 to $620,000, with sizes ranging from 341m² to 1,042m², and price per square metre rates ranging from $420 to $1,056. • Summary of blocks available for sale by estate:

Estate Median Price Median Block Size Median Rate/m2 Denman Prospect $485,000 520m² $952 Googong Township $332,000 551m² $627 South Jerrabomberra $372,000 457m² $821

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Portfolio: Housing and Suburban Development ISSUE: COOMBS PENINSULA Talking points: • The Coombs Peninsula was part of the conditionally approved Estate Development plan for the full suburb of Coombs in 2011. • The decision to approve the estate was appealed to the Australian Capital Territory Civil and Administrative Tribunal (ACAT) by the Conservation Council (ACT Region) and it was agreed that the estate would be excised from the final approved EDP pending the finalisation of the Molonglo River Reserve Management Plan. • The Molonglo River Reserve Management Plan was finalised in July 2019 and the Estate is on the current Indicative Land Release Program with an indicative 30 dwelling sites due for release in 2020-21. Key Information

• In September 2019, the Suburban Land Agency commenced early due-diligence on the site. In the same month the Standing Committee on Planning and Urban Development released their report on Draft Variation 260 – Molonglo River Reserve: Changes to Public Land Reserve Overlay Boundaries and Minor Zone Adjustments. • It recommended that the Coombs Peninsula be removed from the land release program, be included in the River Reserve Boundary and be used for future recreational purposes. EPSDD are currently preparing a response which will be considered by Cabinet in early 2019. • The Suburban Land Agency have met recently with both EPSDD and the Conservation Council and both have agreed that there is merit in continuing with early site due diligence to aid both in the Government’s response to the report, and to inform decisions on its future use. Background Information

• The Coombs Peninsula was approved for residential development as part of the Commonwealth Government’s Strategic Assessment in 2008. All ecological studies have confirmed that the site was previously low-quality grazing land and is currently of low ecological value. • Any future urban development would comply with environmental standards as they relate to tree preservation, water sensitive urban design and stormwater management.

Cleared as complete and accurate: 29/10/2019 Cleared by: Chief Executive Officer Ext: 57346 Contact Officer name: Tom Gordon Ext: 75553 Lead Directorate: Suburban Land Agency Cleared for release Yes Information Officer name: Tom Gordon Return to Index

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Portfolios: Housing and Suburban Development Urban Renewal ISSUE: AFFORDABLE, PUBLIC AND COMMUNITY HOUSING DELIVERY Talking points: • In 2018-19, the Suburban Land Agency released land for 366 affordable housing dwellings, 61 public housing dwellings and 59 community housing dwellings. This was against targets of 512 affordable housing, 60 public housing and 20 community housing dwellings. • The remaining sites in Whitlam, Strathnairn, Lyneham, Giralang and Scullin were delayed for various reasons including completion of due diligence and other planning approvals. Any site with a target applied for 2018-19 which has not been released, will continue to have the target applied in the future. • In 2019-20, the Suburban Land Agency will continue to release the sites from 2018-19 along with releasing land for the 2019-20 targets of 488 affordable housing dwellings, 60 public housing dwellings and 80 community housing dwellings. Key Information

• Sites that are subject to affordable housing targets will be sold with contractual requirements in place to ensure the affordable housing dwellings meet specified design requirements and will be offered to eligible buyers as part of the ACT Government’s Affordable Home Purchase Scheme. • Sites for public housing dwellings are released to Housing ACT for the development of public housing. Sites for community housing dwellings are typically released to registered Community Housing Providers or are released to Housing ACT to become community housing in the future. Background Information

• The table below provides a summary of housing delivered in 2018-19, compared to the targets set in accordance with the City Renewal Authority and Suburban Land Agency Act 2017. • In addition to the below table, 33 dwellings were released for public housing in June 2019 on a site in Greenway. In 2017-18, this site had a target of 30 public housing dwellings applied to it.

Cleared as complete and accurate: 29/10/2019 Cleared by: Chief Executive Officer Ext: 57346 Contact Officer name: Nicholas Holt Ext: 79646 Lead Directorate: Suburban Land Agency Cleared for release Yes Information Officer name: Nicholas Holt Return to Index

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* This site was withdrawn from the Indicative Land Release Program at the request of the Minister for Planning and Land Management. ** Additional affordable and community housing was delivered in Taylor to address delays in release of other sites in Whitlam. *** While 44 affordable housing dwellings and 32 public housing dwellings have been identified in Whitlam, the initial release of the entire estate has been changed to 2019-20. #The release of the remaining dwellings in Strathnairn will be delayed to the 2019-20 financial year due to delays in approval of the Development Application. ##The release of the former Macarthur House Asset Recycling Initiative site was delayed until after the Territory Plan Variation is released for consultation. ###The site in Scullin was not transferred to the Suburban Land Agency in 2018-19. Following finalisation of due diligence processes, this site is now likely to be released in early 2019-20. ^ The site in Giralang was not transferred to the Suburban Land Agency in 2018-19. Following finalisation of due diligence processes, this site is now likely to be released in early 2019-20. ^^ The actual total number of dwellings released for public housing in 2018-19 is 61 dwellings. This incorporates an additional 33 dwellings which were released for public housing in Greenway. There was a target of 30 dwellings applied to this site in 2017-18, however the dwellings were not released until June 2019.

Return to Index

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Portfolio/s: Housing & Suburban Development

ISSUE: LOAN FOR GINNINDERRY JOINT VENTURE Talking points: • The West Belconnen Joint Venture Agreement, dated 19 May 2016, sets out the funding arrangements for the Joint Venture. • The Joint Venture Project is funded by the Territory and Riverview, in proportion to each participant’s interest: the Territory holds 60 per cent and Riverview 40 per cent. • The Suburban Land Agency (Agency) has funded the Territory’s share of Project Costs for the Joint Venture, and has not provided a loan to Riverview for its share. Background Information

• Note 2(o) at page 164 of the Suburban Land Agency Annual Report 2018-19 provides: (o) Equity contributions other than initial equity contributions Up until June 2018 the Suburban Land Agency (formerly the Land Development Agency) had provided an unsecured loan to the Joint Venture to fund development works undertaken pursuant to the Joint Venture Agreement. In June 2018, the Suburban Land Agency provided an equity contribution other than the initial equity contribution to pay out the unsecured loan in full (including accumulated interest). Equity contributions other than initial equity contributions are interest bearing and its repayment will be at the discretion of the Joint Venture Board in accordance with the Joint Venture Agreement. • On 30 October 2019 a journalist asked the following questions about this note: Q. On page 164 of the SLA's 2018-19 annual report, it states that up until 2018, the SLA had provided an unsecured loan to the joint venture to fund development works. How much money was loaned to Riverview, and when? What is the process for loaning public money to private corporate entities? Agency response: No loan was provided by the Agency to the Riverview Group. The Agency provided funding for the development of Ginninderry which is a Joint Venture between the Territory and Riverview. The funding provided was used by the Joint Venture to carry out works required for the urban development as per the Joint Venture Agreement. No public money was loaned to a private entity. Q. The report goes on to say that in June 2018, the SLA paid out the loan in full (including accumulated interest). Why did the SLA do this? Did Riverview request it? What was the value of the loan when it was paid off (including interest)? Agency response: The Agency made an administrative change to the accounting treatment and classification of the funding instrument following external advice that suggested this was the most appropriate method of treatment. It was not requested by Riverview. The participants’ interests in the venture and the returns to the participants remained unchanged. The value of the funding was $27 million. Cleared as complete and accurate: 18/01/2018 Cleared by: Executive Branch Manager Contact Officer name: Jaime Elton Ext: 79151 Cleared for release Yes Return to Index Information Officer name: Clinton Dengate Ext: 55001

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Portfolio: Housing and Suburban Development ISSUE: ACT HOUSING STRATEGY Talking points: • The ACT Housing Strategy was launched on 29 Ocotber 2018. • The Housing Strategy sets a strategic vision for housing in the ACT for the next decade to guide policy, planning and delivery of appropriate housing for every ACT household at all income levels. The strategy comprises five goals and 74 priority actions for implementation. • The ACT Government has already introduced new reforms, programs and funding initiatives targeted to those experiencing housing stress and in support of the Housing Strategy, which will be reported on annually. Key Information

• The strategy meets a key Government election commitment and an undertaking in the Parliamentary Agreement. • The strategy focuses on five goals:

o providing an equitable, diverse and sustainable supply of housing for the ACT community,

o reducing homelessness, o strengthening social housing assistance, o improving affordable rental options, and o increasing affordable home ownership. • The strategy mandates a target of at least 15 per cent of the Indicative Land Release Program dwellings to be released for affordable, community and public housing. Background Information

• The Housing Strategy replaces the ACT Government’s Affordable Housing Action Plan, which has been in place since 2007. • The strategy has a deliberate focus on strengthening existing supports for low income households in income quintile one (Q1), earning up to $55,000 per annum, and providing greater support for households in income quintile two (Q2), earning up to $100,000 per annum. As a cohort, Q2 households are at greatest risk of experiencing housing stress, especially if they are reliant on the private rental market.

Cleared as complete and accurate: 14/10/2019 Cleared by: Executive Branch Manager Contact Officer name: Helen McDonald Ext: 75494 Cleared for release Yes Information Officer name: Bethel Sendaba Ext: 50030 Return to Index

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Update on actions underway Affordable Home Purchase Database

• The Home Purchase Registration Database has been established. This will enable dedicated affordable housing to be better controlled, with sales of these homes available only to approved registered households. Over 1,450 people have registered on the initial database to-date. Of those assessed, 150 households have been approved as an eligible household. Innovation Fund

• The first round of funding was announced on 21 August 2018 after an expression of interest process with three (3) successful applicants across two (2) priority areas of innovation:

o Home Ground Real Estate Canberra, a not for profit rental real estate model run by Community Housing Canberra ($230,000);

o A design-led co-housing model by Smart Urban Villages ($35,000); and o A mixed tenure design-led co-housing model run by the Environmental Collective Housing Organisation ($15,000). • A expression of interest for Stage 2 of the Innovation Fund opened 17 April 2019 which support a further four projects and also includes Home Share from round 1.

o increasing the supply of specialised disability accommodation ($125,000); o increasing the supply of affordable rental properties for families escaping domestic violence ($125,000);

o supported housing projects on underutilised land leased by the Community sector ($125,000); and

o other innovative projects that will increase the supply of affordable housing ($125,000). • Round 2 applications are have been assessed and are pending announcement. 2019-20 Housing Targets • Targets have been drafted as part of the 2019-20 Four Year Indicative Land Release Program. Final allocations for Public, Community and Affordable Home Purchase have be made and published in a Notifable Instrument under the City Renewal Authoirty and Suburban Land Agency Act 2017.

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2019-20 Price Thresholds

• Current price thresholds are decided according to the Wage Price Indexation and based on what households in income quintiles 1 and 2 can afford without experiencing housing stress. The 2019-20 threshold remain uncganged from the previous financial year. • For home purchase price thresholds, this is aligned to a three tiered structure according to dwelling size in square metres. . ACT Land and Property Report • A draft has been prepared as part of the 2019-20 Four Year Indicative Land Release Program. Digitisation of the interest free rental bond loans scheme • This has been completed and is currently active. Land Tax Concession • The land tax exemption for home owners who rent their properties at an affordable rate (being less than 25% of the market rate) to eligible households, via a Community Housing Provider, has come into effect under a pilot program. While there are three community housing providers able to participate in the program, only two of these are currently active in this space. Lease Variation Charge remissions • Stakeholder engagement has been completed, including suggested considerations on Lease Varation Charge remissions which could apply to Community Housing Providers who vary a leases to permit affordable housing uses. Treasury and CMTEDD are continuing to refine the framework.

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Portfolio/s Housing & Suburban Development ISSUE: Housing Targets: Public, Community and Affordable Housing Talking points: • Targets for Public, Community and Affordable Housing have been agreed for Government land releases across the Territory for the 2019-20 financial year. • These targets align with land releases identified in the annual Four Year Indicative Land Release Program for 2019-20. • For 2019-20, a target of 628 dedicated public, community and affordable dwelling sites has been determined. This target is made up of:

o 80 sites for Community Housing, including an estimated 40 dwellings proposed as part of Common Ground 2 development in Dickson;

o 60 new Public Housing dwellings comprised of 60 new public housing; and

o 488 sites for dedicated affordable home purchase to eligible low income households. • The 2019-20 targets take into consideration social and affordable housing need, amenity, proximity to schools, transport, employment centres, and public open space as well as existing concentrations of affordable and social housing in each suburb. • Under the Affordable Housing targets, the dedicated affordable dwellings will need to be sold to people who have registered on the ACT Government Affordable Home Purchase Database and have demonstrated their eligibility. Key Information

• Under section 65 of the City Renewal Authority and Suburban Land Agency Act 2017 (the Act), relevant Ministers are required to set affordable, community and public housing targets for residential development in an urban renewal precinct, within an urban renewal area other than in an urban renewal precinct, and in new suburbs. • Before these targets are determined (notified), Ministers must seek the views of the Commissioner for Housing. This responsibility has now been delegated to the Director-General of Environment, Planning and Sustainable Development Directorate (EPSDD).

Cleared as complete and accurate: 17/10/2019 Cleared by: Executive Director Ext. 50030 Contact Officer name: Christine Luchetti Ext: 54866 Cleared for release Yes Information Officer name: Carolyn O’Neill Return to Index

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• The additional public housing sites will be developed by Housing ACT. • The community housing sites will be released in the second half of the financial year via a restricted tender process to registered community housing providers to deliver affordable rental dwellings. • Sites with affordable housing targets will be released through the 2019-20 year and developers who purchase these sites will be bound by their contract requirements to deliver the affordable dwellings. Background Information – must be suitable for public disclosure

• For 2018-19, two sites have been identified in Scullin and Giralang for the community housing target. Both of these sites are currently ACT Property Group sites identified for disposal and, therefore, do not appear in the 2018-19 to 2021-22 Indicative Land Release Program for release via the Suburban Land Agency. • In calculating the 2019-20 targets, a cross-Government reference group considered the existing proportions of public, community and affordable purchase homes either built or planned in the relevant suburbs. • Further analysis will also identify dwelling sites in greenfield suburbs that will be sold for separately titled homes. The targets include the provision for 340 affordable home purchase opportunities in urban renewal/infill sites including Section 63 City, Gungahlin Town Centre, Belconnen Town Centre and Phillip. • Housing ACT have suggested that 60 dwellings are required from the program to meet their demand for growth. Cabinet decided (CAB18/487) that at least 200 new dwellings would be developed for public housing over a 5 year period, meaning at least 40 dwellings each year would be required from the ILRP. Sixty (60) dwellings are indicatively allocated for the 2019- 20 release year for new public housing dwellings, noting that fewer dwelling may be allocated in future years. In addition to dedicated new public housing dwellings the housing target includes 40 community dwellings proposed in the Common Ground 2 Development in Dickson. • The Community Housing Industry Association have also advocated for an increase beyond what was provided in previous years targets. As a result, the Community Housing target has more than doubled from the previous year targets of 20, to 40. • On Monday, 9 September the Directorate received a media enquiry from the Canberra Times seeking clarification around some of the targeted sites. • It was noted that the current Notifiable instrument NI2019-571 for 2019-20 reported the maximum number of dwellings anticipated to be built on inTaylor was 800 dwellings. Taylor‘s release for 2019-20 has been reduced to 200 with 600 of the 800 being released in 2018-19. The Notifiable Instrument has been amended to correct this. The NI is not inclusive of all residential releases, only those with a housing target. • This amendment does not change the housing targets for 2019-20 it only changes the anticipated residential dwelling numbers.

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Table 1: Indicative Housing Targets by Suburb and Individual Site

Community Affordable Public Housing Total Targets Total Sites Suburb Block Section Housing Purchase % P/C/A Housing Dwellings Numbers from ILRP Dwellings Dwellings

Gungahlin 2 229 0 0 25 25 154 18.5% 18.5% Gungahlin 7 249 0 0 28 28 173 18.5% Gungahlin 3 248 0 0 13 13 70 18.5% Gungahlin 4 248 0 0 14 14 77 Ngunnawal 109 23 0 0 0 0 45 0.0% Taylor 5 5 6 16 200 2% Throsby 0 0 0 0 35 0.0% Coombs 4 2 0 0 20 20 69 30% 30% Coombs 2 3 0 0 20 20 69 30% Coombs 2 53 0 0 22 22 74 30% Coombs 3 53 0 0 22 22 74 30% Coombs 1 59 0 0 12 12 40 Whitlam 20 10 60 90 600 15% Strathnairn 10 10 25 45 300 15% Belconnen 17 152 10 5 87 102 550 18.5% 0.0% Housing target of 3 Belconnen 45 54 0 0 0 0 35 affordable dwellings applied to this site in 2018-19 City 63 5 5 60 70 350 20% Phillip 2 180 10 5 74 89 480 18.5% Dickson 25 72 0 40 0 40 40 100% (common ground) Tharwa various 0 0 0 0 5 0.0% TOTALS 60 80 488 628 3,440 18.3% Return to Index

Return to Index Page 112 QUESTION TIME BRIEF

Portfolio/s Housing & Suburban Development

ISSUE: Housing Strategy – Implementation and Delivered Actions Talking points: • The ACT Housing Strategy was launched on 29 October 2018. • The Strategy sets a strategic vision for housing in the ACT for the next decade to guide policy, planning and delivery of appropriate housing for every ACT household at all income levels. The Strategy comprises five goals and 74 priority actions for implementation • The ACT Government has already introduced new reforms, programs and funding initiatives targeted to those experiencing housing stress and in support of the Housing Strategy, which will be reported on annually. • A working group across government is tracking the actions outlined in the implementation plan (part of the Strategy). Key Information

• The Strategy meets a key Government election commitment and an undertaking in the Parliamentary Agreement. • The Strategy focuses on five goals:

o providing an equitable, diverse and sustainable supply of housing for the ACT community,

o reducing homelessness, o strengthening social housing assistance, o improving affordable rental options, and o increasing affordable home ownership. • The ACT Government has launched the second round of the Affordable Housing Innovation Fund. Applications closed 17 June 2019. Grant funding of $500,000 is available for innovative approaches which increase the supply of affordable housing in the ACT. A further $220,000 is avialble for approaches which support the home share model. Areas being targeted during the second round include:

o a home sharing scheme; o specialist disability accommodation project; o supported housing projects on underutilised community facility land;

Cleared as complete and accurate: 17/10/2019 Cleared by: Executive Branch Manager Ext: 50030 Contact Officer name: Christine Luchetti Ext: 54866 Cleared for release Yes Information Officer name: Carolyn O’Neill Return to Index

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o dedicated accommodation for low income families escaping domestic violence ; and

o other innovative approaches ti boosting affordable housing supply. Background Information – must be suitable for public disclosure

• The Housing Strategy replaces the ACT Government’s Affordable Housing Action Plan (AHAP), which has been in place since 2007. • The Strategy has a deliberate focus on strengthening existing support for low income households in income quintile one (Q1), earning up to $55,000 per annum, and providing greater support for households in income quintile two (Q2), earning up to $100,000 per annum. As a cohort, Q2 households are at greatest risk of experiencing housing stress, especially if they are reliant on the private rental market. • The Home Purchase Registration Database has been established. This will enable dedicated affordable housing to be better controlled, with sales of these homes available only to approved registered households. Over 800 people have registered on the initial database to-date. Of those assessed, 118 eligible purchasers have been approved as an eligible household. • The first round of funding was announced on 21 August 2018 after an expression of interest process with three (3) successful applicants across two (2) priority areas of innovation: • Home Ground Real Estate Canberra, a not for profit rental real estate model run by Community Housing Canberra ($230,000); • a design-led co-housing model by Smart Urban Villages ($35,000); and • a mixed tenure design-led co-housing model run by the Environmental Collective Housing Organisation ($15,000).

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Portfolio/s Housing & Suburban Development ISSUE: Housing Affordability Talking points: • Housing affordability declined over the June 2019 quarter with the proportion of income required to meet home loan payments increasing to 20.6%, a rise of 0.3% over the quarter. • The ACT was equal first most affordable jurisdiction to buy, alongside the Northern Territory, June 2019 quarter. The ACT’s home loan affordability indicator remains the second highest of any state/territory in Australia. • In September 2019 the median price of all residential properties in the ACT increased by 5.4 per cent to $590,000. The median house price in the ACT decreased by 0.7 per cent to $670,000, while the median unit price increased by 1.5 per cent to $487,250. Source: ACT Treasury, ACT Residential Property Market, September 2019 Key Information

• Rental affordability improved in the ACT over the June 2019 quarter with the proportion of income required to meet the median weekly rent decreasing 18.9% through the quarter, but a rise of 0.3% compared to the June 2018 quarter. • The ACT remained the second most affordability state/territory to rent behind Western Australia, June 2019 quarter. Source: REIA Housing Affordability Report, June 2019 Quarter • The median weekly rent for a three-bedroom house in the ACT remained steady at $520 in the June 2019 quarter, but increased 4.0% over the previous year. The median weekly rent for a two bedroom unit in the ACT decreased to $470, a fall of 1.1% over the June 2019 quarter and of 2.2% over the previous year. • The ACT continues to have the tightest rental market of all capital cities with the rental vacancy rate recorded at 1.4%, June 2019 quarter. Source: ACT Treasury, ACT Residential Property Market, February 2019 /Real Estate Institute of Australia, Market Facts Report, June 2019 quarter • In July 2019, first home buyer (FHB) commitments recorded a 56.3% increase, likely due to the commencement of the ACT Home Buyer Concession Scheme on 1 July 2019. FHB’s represent around 20.7% of the owner occupier market in the ACT with 225 (FHB) commitments with a total value of $75.3 million recorded in July 2019. • The average loan for a FHB decreased by 4.8% to $330,731 over the June 2019 quarter.

Cleared as complete and accurate: 31/10/2019 Cleared by: Executive Branch Manager Ext:50204 Contact Officer name: Jennifer Findlay Ext: 55289 Cleared for release Yes Information Officer name: Carolyn O’Neill Return to Index

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Portfolio: Housing and Suburban Development

ISSUE: PUBLIC HOUSING RENEWAL PROGRAM Talking points: • The ACT Government has undertaken a program to renew 1,288 public housing properties in support of the ARI which is improving outcomes for tenants and supporting the renewal of Canberra’s urban areas. • New housing delivered caters to the diverse needs of public housing tenants which cannot be met by the private rental market. • Each public housing tenant relocated through the renewal program has a say in deciding where they would like to live. All tenants are provided with individual support during their relocation. • Homes have been constructed and purchased through the renewal program in more than 30 different suburbs across Canberra including the inner north and Greenfield estates, offering tenants a choice of a variety of public housing locations. Key Information

• The ACT Government has invested $608 million in the Public Housing Renewal Program, supporting the sale of older properties that are no longer fit for purpose, the construction and purchase of replacement housing and the relocation of tenants. • Funding has been allocated in the 2015–16, 2016–17 and 2017–18 budgets for the redevelopment and replacement of Bega Court (Reid), Northbourne Flats (Braddon and Turner), Currong Apartments (Braddon), Stuart Flats (Griffith), Strathgordon Court (Lyons), De Burgh Street—North and South (Lyneham) and Gowrie Court (Narrabundah). The renewal of these old public housing sites were included in the ACT’s Asset Recycling Initiative (ARI) agreement with the Commonwealth. • As at 8 October 2019, 1,228 dwellings have been completed, 50 are under construction in the suburbs of Denman Prospect and Wright. A further 10 dwellings are being purchased from the private sector. 217 dwellings have been secured in suburbs adjacent to Northbourne Avenue, accounting for almost 17% of all replacement dwellings. • All remaining PHRP construction projects are being delivered within their contracted timeframes, however as a result of extended community consultation, delayed availability of land and weather delays, a number of projects are being delivered this financial year. The final project to be completed will be the development in Denman Prospect due for completion in November 2019.

Cleared as complete and accurate: 08/10/2019 Cleared by: Executive Director Ext: 58294 Contact Officer name: Jon Barnes Ext: 79402 Cleared for release Yes Information Officer name: Bruce Fitzgerald Return to Index

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Portfolio: Housing and Suburban Development

ISSUE: PUBLIC HOUSING RENEWAL PROGRAM – COMMUNITY FACILITY ZONED SITES Talking points: • The Public Housing Renewal Taskforce (Taskforce) undertook community engagement on six Community-Facility zoned sites to develop supportive housing commencing in March 2017. These sites are located in Chapman, Holder, Mawson, Monash (x 2) and Wright. • The Taskforce worked closely with residents and representatives from the community for each Community Facility-zoned site to understand the community’s concerns and to refine the design and layout of the public housing proposal based on their feedback. • The construction on sites in Holder, Monash, Mawson and Chapman has been completed, and construction continues on the final site in Wright which is due for completion in the next month. Key Information • The public housing to be developed on these sites meets the definition of ‘supportive housing’ which is allowed under the the Community Facility Zone (CFZ) Development Code and the Territory Plan. • Changes to the CFZ Development Code and the Territory Plan have removed a previous restriction which limited supportive housing to the elderly or those with a disability. These took place through Territory Plan Variation 302 in 2011 which was subject to consultation in 2010. • These changes commenced before the public housing renewal program was established in 2014. There were some clarifications made in 2014 and 2015 by Technical Amendment and did not change what was permitted under the CFZ Development Code. • Housing ACT already has more than 350 dwellings on CFZ land, including three developments completed by the Taskforce in Chisholm, Monash and Nicholls. • The Taskforce continues to engage with the local community as these developments progress through the construction phase. The Taskforce continues to provided the Holder community with updates for the off-site works to improve the amenity of the Bill Kennedy Memorial park which are currently being undertaken.

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Portfolio: Housing and Suburban Development ISSUE: Parkwood Egg Farm (Pace) Talking points: • Parkwood Farm (Pace) is a barn egg production facility located in the future urban development area of the Governments joint venture development (Ginninderry) with Riverview Group in west Belconnen. • Pace hold a 20 year rural lease over the land which will expire in 2036. • In July 2016, the Ginninderry urban development area including the Pace land was rezoned to a range of urban zones and a site-specific structure plan and concept plan was introduced into the Territory Plan with the commencement of variation No. 351. • Planning for Ginninderry includes an 800 metre Environmental Clearance Zone around the Pace facility where residential, community and other sensitive uses are not permitted to be developed. The Ginninderry staging plan is designed around this constraint and development in this area is not contemplated until the Pace exit the site and the lease expires in 2036. Key Information

• Pace have applied to the planning and land authority for a further lease over the site and the application is being assessed. • Representatives for Pace have approached the Directorate to signal a potential interest in an early exit from the site prior to the expiry of the current lease term in 2036. Background Information

• In 2012, the ACT Government supported the conversion of Parkwood Farm from cage production to barn egg production with a grant of $7.5million. All funded improvements under the Deed of Agreement with Pace Farm were considered completed in July 2018.

Cleared as complete and accurate: Cleared by: Executive Goup Manager Contact Officer name: Jennifer Finlay Ext: 55289 Cleared for release Yes Return to Index Information Officer name: Carolyn O’Neill Ext: 76842

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Portfolio/s: Housing and Suburban Development Planning and Land Management Urban Renewal ISSUE: FOUR YEAR LAND RELEASE PROGRAM Talking points: • The four year indicative land release program plays a strategic role in catering for our City’s growth and change; building a compact, liveable City; attracting investment in our City; and, strengthening our economic advantage in the ACT region. • The Government has released more than 16,400 new dwelling sites over the past four years – on average 4100 dwelling sites each year to stay ahead of underlying demand for new housing, which is estimated at 3000 new homes on average each year. • Over the next four years the 2019-20 to 2022-23 program targets the release of 15,600 new homes with an estimated 47% of releases in urban infill areas. • 3440 new homes are programmed for release in 2019-20 across 13 suburbs with an estimated 56% of releases in urban infill areas. Residential releases of note this year include blocks for detached homes in the new suburb of Whitlam in Molonglo Valley and five (5) residential blocks in Tharwa. • To continue to build a liveable and economically resilient city, the four year indicative land release program targets the release of: 2 o 219,613 m of mixed use land, mostly across town centres and the City; 2 o 163,500m of commercial land, including initial releases in the new Molonglo commercial centre; 2 o 100,000m of industrial land, in three new release areas in Symonston, Fyshwick and Pialligo. 2 o 294,085 m of community land for new government schools, community facilities and to expand the commercial opportunities and accommodation on Stromlo Forest Park.

Cleared as complete and accurate: 09/10/2019 Cleared by: Executive Branch Manager Ext: 76842 Contact Officer name: Jennifer Finlay Ext: 55289 Cleared for release Yes Information Officer name: Bethel Sendaba Return to Index

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Portfolio/s: Urban Renewal Planning and Land Management

ISSUE: SECTION 72 DICKSON & COMMON GROUND PROJECT Key Information:

• The Environment, Planning and Sustainable Development Directorate (EPSDD) has been undertaking site preparation works, planning, design and community engagement as part of the urban renewal of a key site in Canberra’s inner north at Section 72 Dickson. • We have heard a range of community views on the future of Section 72 Dickson, and we will continue to engage with the community once the future of Block 22 is resolved. • During the engagement we heard that one of the community’s top priorities for Section 72 Dickson was upgrades to the Dickson Pool forecourt. In response, we are delivering improvements to help the community enjoy this space more, through improvements to landscape, shade, seating and bicycle parking. We will ask stakeholders and the community for feedback on these improvements to guide the design of more permanent upgrades in the future. • Building on engagement and planning outcomes from 2018, the planning, design and delivery of Canberra’s second Common Ground on Block 25 is being progressed subject to a Territory Plan Variation and Development Application (DA) process. The community will have further opportunities to be involved through these processes, currently both open for comment:

o Pre-DA consultation: 12 September to 7 November 2019 o Draft Variation 367: 12 September to 1 November 2019 • As we continue to work on the urban renewal of Section 72, we have advised Coles Group Property Developments that Block 6, Section 72 Dickson (a currently vacant government owned block) could be used as a temporary carpark for construction workers to ease the pressure for visitors, shoppers and workers during their construction phase. Coles Group Property Developments remains responsible for preparing and implementing the construction period parking plan, and securing all necessary approvals and licences. • Before any construction begins in the area alternative parking arrangements will be identified and information provided to the community. More details on the temporary traffic and car parking arrangements during construction will be released as soon as they are available.

Cleared as complete and accurate: 11/10/2019 Cleared by: Executive Group Manager Ext: 58294 Contact Officer name: Lea Durie Ext: 50477 Cleared for release Yes Information Officer name: Bruce Fitzgerald Return to Index

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Key Information – Territory Plan Zoning • Public questions have been raised about how Common Ground Dickson differs from Common Ground Gungahlin. • Common Ground Gungahlin is zoned CFZ. Development was approved for supportive housing and ancillary facilities on the ground floor, including office, conference room, and recreational areas (lounge, kitchen, artroom etc.) by the planning and land authority on 7 January 2014. • Supportive housing is a permitted use on CFZ land, as are ancillary facilities. The assessment of the development application determined the office, conference room and recreational area to be ancillary to the main use (supportive housing). • Conversely, Common Ground Dickon involves proposed use of 50% of the site for community housing and a minimum of 50% for supportive housing. These uses are not permitted within the current zoning for the site (commercial CZ6 leisure and accommodation) and therefore it is proposed in the current draft variation to change the zoning to CFZ. • For the purposes of the Dickson site, definitions are proposed for community housing and social enterprise. Specifically, community housing has been defined as affordable residential rental which is managed by a community housing provider.

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Portfolio: Building Quality Improvement ISSUE: BUILDING REGULATORY REFORMS Talking points: • The Government continues to be clear in its message: building compliance and practices must be improved, and we will continue to work with industry and the community to support this outcome for Canberra. • This is why the ACT Government has implemented, and continues to implement, a series of reforms arising from a review of the ACT building regulatory system. • As promised, we delivered on another 15 reforms by the end of the last financial year, including the new builder exams, the minimum documentation guidelines for building approval applications for final comment, and a code of practice for building surveyors. • These are important reforms that will set standards of practice for people designing, building and certifying buildings in the ACT. • We are continuing to roll out reforms. We have completed a further reform by launching a new online training course for building surveyors, and consultation on the a code of practice for builders closes on 20 September. • Upcoming reforms also relate to dispute resolution, practitioner accountability and security of payment in the industry. • We will be completing our reform program over the next year while also working with colleagues nationally on specific national reforms. • The Government is also introducing legislative amendments to make sure that building and construction legislation operates effectively and as intended. • There will always be suggestions for further reforms to be added to the program, and while we are open to considering additional measures, the current reforms have been chosen as the most effective in increasing compliance and resolving defects. We are focused on completing the existing program.

Cleared as complete and accurate: 10/10/2019 Cleared by: Executive Branch Manager Ext: 50030 Contact Officer name: Vanessa Morris Ext: 59462 Return to Index Cleared for release Yes Information Officer name: Bethel Sendaba

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• We will, of course, also consider the outcomes of the current inquiry the Economic Development and Tourism Standing Committee is undertaking. • This work is complemented by increased enforcement of building laws.

Background Information

• EPSDD has carried out a full policy review of the ACT building regulatory system and Building Act, including its supporting administration and compliance systems. The review was a recommendation of the 2010 Building Quality in the ACT report. • The current reform program complements previous administrative, policy and legislative reforms, which improved licensing and compliance powers, offences and penalties for failing to comply with a rectification order and building standards, and information for consumers.

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Portfolio: Building Quality Improvement ISSUE: BUILDING CLADDING REVIEW Talking points: • The ACT Government formed the Inter-agency Building Cladding Review Group to determine whether combustible cladding materials have been used in Territory buildings in a way that doesn’t comply with ACT building standards or poses an unacceptable risk to building occupants. • The Review Group is working with ACT Government Directorates to identify any government-owned and operated buildings that may be at risk from incorrect use of cladding materials. • The Review Group first worked with individual directorates to identify buildings that may have potentially combustible cladding present. • For some buildings, this included a visual verification on site. Other buildings did not require an inspection due to the nature of building and construction materials used. All ACT Government owned or occupied buildings were included in the initial review. • The Government previously reported on this process to the Assembly. • The initial identification process did not indicate that any ACT Government buildings were deemed unsafe to occupy. Some buildings has only small amounts of potentially combustible cladding, or cladding in locations that would not generally present a risk to occupants. • It is important to reiterate that the presence of some combustible cladding on a building does not necessarily make it unsafe. • Our current focus is on public buildings, including health care buildings and schools whose occupants would generally require assistance to evacuate the building in the event of a fire. • Some government buildings that were identified to have potentially combustible cladding will be subject to a more detailed inspection. These inspections will depend on the building and the issues that need verification, but may include an assessment of the type, location and coverage of cladding and the fire safety protections and procedures in the building. • The Review Group has started these detailed inspections using methods shared collaboratively among states and territories. • The Review Group will provide an update to me by the end of the year. Cleared as complete and accurate: 10/10/2019 Cleared by: Executive Branch Manager Ext: 50030 Contact Officer name: Vanessa Morris Ext: 59462 Return to Index Cleared for release Yes Information Officer name: Ben Bethel Sendaba

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Private buildings • The Government will use the work on public buildings and the work in other jurisdictions to inform the next steps for privately owned buildings. • ACT officials are working collaboratively with officials from other jurisdictions to identify new and workable rectification methods, and approaches to building rectification. • For private buildings, I understand that a life safety assessment such as those being undertaken by the Review Group may not be sufficient for insurance companies, who are also likely to consider the risk to the asset and potential rebuild costs. • These are different issues and while we may not consider a building a safety risk, an insurer may be addressing different type of risk. • I have asked the Directorate to engage with the insurance industry to receive an update of cladding audits in the ACT. • The Government will consider feedback from insurance agencies, other jurisdictions and other bodies and provide an update by the end of the 2019. • Building owners should talk to their insurance provider about the potential risks to their building. • Consistent with other jurisdictions, the Government does not intend to release a report identifying individual private buildings that have combustible cladding. • If safety concerns are identified by any Government body in relation to a private building, building owners will be contacted directly. • In relation to the recent fire on a balcony in an ACT apartment building, questions about specific details of the fire should be referred to the Emergency Services Agency. Buildings at Canberra Airport and on Commonwealth land • Commonwealth land, including the Airport precinct, is under the jurisdiction of the Australian Government, and is not covered our review. • Under the laws established for the ACT’s self-government, the Commonwealth is not bound by the ACT’s building laws.

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National work • The ACT is also actively participating in work under the Building Ministers’ Forum and its Senior Officials Group to address problems with non-conforming building products, including developing a national labelling standard for certain cladding materials. • Building Ministers have all agreed to use their available laws and powers to prevent the inappropriate use of predominantly polyethylene core panels on buildings. • In the ACT, we already have processes that other jursidictions did not or do not have. We will continue to use the processes we implemented in 2009-10 to assess the use of aluminium composite panel on medium- high rise buildings in the Territory through the building approval process. • The Building Code clearly requires any use of materials to be appropriate for the type of building and meet fire safety requirements. Building Ministers have already changed the National Construction Code to further clarify when materials must be non-combustible. • Building Ministers agreed to do further work to determine if additional regulation is required to prevent unsafe use of combustible cladding. On 8 February, Ministers agreed in-principle to a national ban on the unsafe use of ACPs in new construction – subject to Regulatory Impact analysis. • The Building Ministers’ Forum is working to develop an Australia-wide approach to insurance issues in consultation with the insurance industry and industry stakeholders. National Advisory Note • In 2010, the ACT undertook to prepare an Advisory Note in relation to combusitible cladding for consideration by the Australian Building Codes Board's Building Codes Committee (BCC) as a national advisory note. • Following this, the Victorian administration drafted advisory information on external wall systems with the intention that it would be used nationally. The information was to cover compliance of wall systems with all relevant performance standards, including fire safety provisions. • The ACT has already started to inform and educate local industry on combustible cladding. Given the new work by Victoria, it was suggested that the note specifically on combustible cladding was no longer required.

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Key Information

• EPSDD chairs the Inter-agency Building Cladding Review Group, which includes members from EPSDD, the Emergency Services Agency and Access Canberra. • The review will initially include all buildings with National Construction Code classifications of Class 2-9 buildings in the Territory covered by the ACT Building Act 2014, with priority for buildings including classes 2, 3, 4 and 9 classifications of two storeys and higher (multi-residential buildings and public/entertainment buildings). • No enforcement action has been undertaken by Access Canberra:

o Focus on engaging with industry and educating it about newly identified risks relating to the panels

o No direct complaints have been received by the Building Regulator, nor are any active investigations open looking at ACPs. Through our proactive inspection regime no panels have been identified that present an immediate risk to life safety. Background Information

• There have been building fires in high rise buildings with combustible cladding. Of these the Grenfell Tower fire on 14 June 2017 has caused the greatest loss of life. As investigators report, we will review and consider any findings that are relevant to ACT building standards. • Following the Grenfell Tower fire all Australian juridictions undertook to review buildings to determine whether combustible cladding had been used safely.

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Portfolio: Building Quality Improvement ISSUE: ENERGY EFFICIENCY STANDARDS Talking points: • The 2019 National Construction Code includes substantial increases in the stringency of the energy efficiency standards for non-residential buildings and common areas of multi-residential buildings. • It also includes improvements in how individual dwellings are assessed for compliance, including how they operate in both winter and summer. • The new standards are subject to a national transitional period in the code ending on 1 May 2020. • The ACT Appendices to the National Construction Code also introduce amendments that recognise the ACT’s nation-leading policies for renewable electricity by allowing a wider range of electric appliance options so that people can more easily have all-electric, low emissions buildings. • Here in the ACT, information on new buildings designed since 2017 indicates that many ACT residential dwellings are already reaching higher efficiency levels than the minimum standards required in the code. • As part of the ACT Government’s existing policies we are already considering ways we can further improve standards for new buildings, and the efficiency of existing homes and buildings. • Nationally, building ministers are also actively looking at substantial changes to residential standards for the next Code in 2022. • In April 2018, the Building Ministers’ Forum included further work on new energy efficiency measures for residential buildings in the next Code in Australian Building Codes Board Work Plan. • We are also reviewing the energy efficiency disclosure scheme and considering options to improve the energy efficiency in rental housing. • The Government offers a range of different programs and schemes to help people improve their existing properties and reduce their energy costs, including options for low-income earners.

Cleared as complete and accurate: 10/10/2019 Cleared by: Director-General Ext: 50030 Contact Officer name: Vanessa Morris Ext: 59462 Return to Index Cleared for release Yes Information Officer name: Bethel Sendaba

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• The ESA and ACTSmart also have great advice on how to keep healthy and safe in hot and cold weather. Key Information

• The ACT adopts the building energy efficiency standards in the National Construction Code. There are some updates to residential building standards in the 2019 code, with more substantial changes planned for 2022. • The ACT has revised the adoption date for the NCC. This does not affect the transition in the code, which is fixed at 1 May 2020 in the published code. The ACT Appendix to the code can vary this adoption date. • Work under existing government strategies includes considering whether the existing standards are adequate for future climate.

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Portfolio: Building Quality Improvement ISSUE: HOME SWIMMING POOL SAFETY Talking points: • The Government has announced it will begin to take steps to ensure every backyard pool in the territory meets modern safety standards. • The first step was to talk to industry about how a pool safety inspection regime might work. This was undertaken by EPSDD in June 2018. • Our next step is consultation with pool owners and the community on fair transition times, potential concessions for properties where there are physical constraints to installing a fully compliant barrier, and the possibility of extensions to comply in particular circumstances – for example, if a pool owner is in financial hardship but needs a new pool barrier or substantial upgrade to the existing barrier. • Our Backyard Lifeguard safety campaign also ran again in summer. Although it’s winter, its always a great time for people to check if their pool has a barrier that meets current safety standards, and we’ve got a checklist on the campaign website that can help people do that. • Close adult supervision is also critical to keeping our kids safe around backyard pools and spa pools. Key Information

• The Government has noted that it may take 2-3 years to develop and implement the associated legislative scheme. • Some pools already have barriers isolating the pool that may need only minor upgrades. Many backyards have some structures that may be able to form part of a barrier already in place. Any swimming pools or spa pools built since mid-2010 have to comply with the safety standard currently in place. So for many people there may be no or low costs to have a compliant pool barrier. Background Information

• In 2017, in response to the Coronial Inquiry on the drowning death of toddler River Parry in an ACT swimming pool, the ACT Government agreed in principle to the ACT legislative framework requiring all existing home swimming pools to comply with the latest version of the Building Code. It noted the government was considering potential schemes for improving the safety of existing swimming pools.

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Portfolio: Building Quality Improvement ISSUE: NATIONAL BUILDING STANDARDS Talking points: • From 1 September, new building approvals must demonstrate compliance with the 2019 National Construction Code. • The transition period for the provisions adopted from 1 June 2019, during which time people were able to comply with either the 2016 or 2019 editions of the NCC has ended. • The ACT adopted the majority of the National Construction Code on 1 June 2019. The new provisions for condensation management, and new fire sprinkler provisions for medium-rise apartment buildings were adopted from 1 September 2019, with all other provisions adopted on 1 June 2019. • The transition aligned with important parts of the reform agenda, including reforms to support improved design documentation. • The fire sprinkler provisions, while important, include changes to practices across both building and plumbing design and installation and we want to manage any potential risks and make sure specifications take into account our local plumbing and firefighting requirements. • The new ACT Appendices to the Building Code and Plumbing Code, came into effect on 1 July 2019, with retrospective effect for existing concessions for accessibility and energy efficiency applying to certain alterations and additions for existing buildings for continuity. • The new ACT Appendices include new requirements for tagging particular valves in the system, which will help people identify fire sprinklers systems connected to the drinking water supply. This will be supported by industry advice and education. • The ACT Appendices also introduce amendments that recognise the ACT’s nation-leading policies for renewable electricity by allowing a wider range of electric appliance options so that people can more easily have all-electric low emissions buildings. • We also have an interest in improving energy efficiency and building sealing which can affect the management of condensation in buildings in

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the ACT. The ACT Appendices include good practice guidance for industry on condensation management.

• We will continue to work with industry to improve practices and knowledge to help prevent condensation and moisture build up in external walls, so buildings can be efficient and healthy. • Work is already underway to improve compliance with building standards and reduce design and constructions problems, particuarly in residential buildings. The ACT Appendices support this work. • The ACT, like other jurisdictions, is able to amend specific provisions in line with exisiting local legislation and regulation. • I can confirm that consultation has taken place between the directorate and key industry groups—both national and local—including the MBA, the HIA, Australian Institute of Building Surveyors and Master Plumbers ACT. Adoption of the NCC • Each jurisdiction manages transitioning to new standards in their own way. • In NSW and SA, if an application for approval is made before the adoption date it can be assessed against the version of the code in force at the time of the application. • Victoria, Queensland, NT and Tasmania have provisions in their law that allow a certifier to disapply the new version in circumstances where substantial progress has been made on the design of the building before the new provisions are adopted. • Western Australia provides a transition of 12 months after the date the code is adopted. • In the ACT, an application for building approval must be assessed against the code as adopted on date of approval, rather than the date the application was made, with no other transition provisions available. This is why a delay was considered appropriate in the case of the 2019 edition of the building code. • Concerns were communicated to EPSDD, including at an ACT Fire & Rescue industry day on 9 April 2018 and at an NCC seminar held by the

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HIA on 17 April 2019, in relation to the lack of transition in the ACT for the new provisions. • Master Plumbers Australia and the National Fire Industry Association also wrote to me seeking further clarity about how new fire-sprinkler provisions would be applied in the ACT, including resolution of the interaction between the plumbing and building systems. • The feedback I received from industry leaders resulted in me bringing forward the adoption date and allowing for a transition between the two versions of the NCC. Key Information

• The ACT has revised the adoption date for the National Construction Code. This does not affect the transition for energy efficiency provisions in the Code, which is fixed at 1 May 2020. • Specific provisions for fire sprinkler protection and condensation management will remain subject to later adoption on 1 September 2019. This will allow for any residual issues with their application in the ACT. • Industry groups are aware of the decision to bring forward the adoption date, with the transitional periods. Background Information On 29 April 2019 it was agreed that the ACT would amend the adoption date of the 2019 National Construction Code from 1 May 2019 to 1 September 2019 on advice from the Environment, Planning and Sustainable Development Directorate. Industry members were made aware of the agreement but were not specifically consulted on the delayed adoption date. Consultation has now taken place between the Directorate and industry groups including the MBA, the Property Council of Australia, the HIA, the Australian Institute of Building Surveyors and the Master Plumbers ACT on the second revision to the adoption dates. Industry groups were also invited to provide comment on draft energy efficiency and condensation management provisions.

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Portfolio: Building Quality Improvement

ISSUE: Professional Indemnity insurance Talking points: • Availability of professional indemnity insurance for practitioners operating in the building industry is an international issue. • From 1 July 2019, there are exclusions in building surveyors policies for certain projects involving combustible cladding. These exclusions do not prevent a building surveyor from continuing to operate in the ACT, but may restrict the kind of work they can undertake under their licence. • At the recent Building Ministers’ Forum, states and territories recommitted to working towards a coordinated approach to deal with the issues surrounding professional indemnity insurance. • A professional indemnity options paper was be released for targeted consultation with insurers and the building industry. Outcomes of consultation will be reported back to the Building Ministers’ Forum shortly. • We also encourage local building surveyors to provide information and feedback on any changes in the market directly to EPSDD or Access Canberra, so it can help determine the best way to respond to the issue. • While we expect that unlawful approval of non-compliant products woud not be covered by PI insurance policies, any exclusions must be clearly expressed. • Building ministers have also called on insurers to meet their existing obligations and lift their exclusions on professional indemnity insurance following this strong action by states and territories. Key Information • ACT licensing laws allow licenses to be issued as long as the practitioner has adequate insurance. The scope of the licence can be matched to the scope of the insurance. Background Information • From 1 July 2019, insurance professional indemnity (PI) insurance policies for building surveyors will include exclusions for work in relation to combustible cladding.

Cleared as complete and accurate: 10/10/2019 Cleared by: Executive Branch Manager Ext:50030 Contact Officer name: Vanessa Morris Ext: 59462 Return to Index Cleared for release Yes Information Officer name: Bethel Sendaba

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• Due to international contraction and subsequent adjustment in the insurance market, the cost of premiums for PI policies has also increased. Increases in costs are not primarily in relation to combustible cladding.

Cleared as complete and accurate: 10/10/2019 Cleared by: Executive Branch Manager Ext:50030 Contact Officer name: Vanessa Morris Ext: 59462 Return to Index Cleared for release Yes Information Officer name: Bethel Sendaba

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Portfolio: Building Quality Improvement

ISSUE: Implementation of Building Confidence Report in the ACT Talking points: • At the recent Building Ministers’ Forum, all jurisdictions undertook to develop a national framework for implementation of the Building Confidence report recommendations. • As the report mentioned, this does not necessarily require a one-size- fits-all approach to implementation. • The new framework is in addition to the work already allocated to the Australian Building Codes Board on recommendations that relate specifically to the National Construction Code. • This national work is not intended to delay state and territory reforms. The Forum was clear about this – that states and territories needed to continue with their own reforms, and not slow down to allow national work to 'catch up'. • The suggested inclusions in the Building Confidence report are not unique to that report. Many are already in place in the ACT and do not require further work to implement. • As we outlined in the ACT’s input to the Building Confidence Report Implmentation Plan of March 2019, recommendation 5 is not relevant to the ACT. • Recommendation 5 is that each state establishes formal mechanisms between those with responsibility for regulatory oversight, including relevant state government bodies, local governments and private building surveyors (if they have an enforcement role). • The report noted there isn’t necessarily the need for this in the Territories. With one level of government and one building regulatory agency with enforcement powers, it isn’t relevant in the ACT. • Recommendation 15 also poses issues in relation to the ACT’s system. That recommendation is to provide a process for the approval of a performance solution for constructed building work.

Cleared as complete and accurate: 10/10/2019 Cleared by: Executive Branch Manager Ext: 50030 Contact Officer name: Vanessa Morris Ext: x59462 Return to Index Cleared for release Yes Information Officer name: Bethel Sendaba

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• In the ACT, a building approval is for proposed building work and cannot be issued retrospectively. So this will be considered in relation to processes for final certification of buildings with unapproved work rather than opening up an avenue for people to retrospectively justify unapproved work. • Development and Building Approvals are fundamental to the integrity of the entire development and building system. • The message should be clear to all within the industry that if there is no development approval and no building approval in place, and the works require them, do not start building. • The building approval process confirms that proposed building work meets building standards, including for the fire safety, structural soundness and accessibility of a building. • A building approval is not a ‘nice to have’ it is the law. • For those recommendations requiring national work, such as the development of training on the National Construction Code, implementing the recommendation will be dependent on the timing of the relevant national work. • The Building Ministers Forum will release further information about timing of national work. I am not in a position to pre-empt any announcements of publications by the Forum. • We will continue to work with colleagues across other states and territories but make no apologies for continuing with our reforms or choosing how we implement recommendations from the Building Confidence report. • While a useful reference, the 24 recommendations in the Building Confidence Report are high level recommendations that relate specifically to NCC compliance. • Of the 20 recommendations that relate to state and territory systems, 6 require no further action for implementation in the ACT as the recommended features are already in place, 2 are of limited relevance given that the ACT does not have multiple layers of government and regulatory bodies and does not issue retrospective building approvals, and 8 are already partially in place. Information can be found on www.industry.gov.au

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• The reforms in the ACT program relate to the whole system, and includes aspects such as contracting, education, dispute resolution and interventions for specific issues such as documentation that are not in the report but important to lasting reform. Background Information

• The Building Ministers’ Forum commissioned a national report into compliance and enforcement systems as they relate to the National Construction Code. • The Building Confidence Report was released in March 2018. • In March 2019, the BMF published the first Implementation Plan. The BMF is considering arrangements for the national framework and will release a further implementation update shortly.

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Portfolio: Planning and Land Management ISSUE: NATIONAL CAPITAL DESIGN REVIEW PANEL Talking points:

• As a joint initiative between the ACT Government and National Capital Authority, the National Capital Design Review Panel is an independent and expert panel that provides design advice to government, developers and designers for large-scale developments such as buildings, public spaces and public infrastructure projects.

• After operating initially on an interim basis, following amendments to the Planning and Development Act which came into effect on 1 October 2019, projects meeting certain criteria are now required to go through the desing review process. The ACT Government is assisting industry through this new process and industry sessions were held across September with positive feedback.

• Developments of five or more storeys are required to consult with the panel prior to submitting a development application.

• Design review assists in achieving the best possible design outcomes for development proposals and, where there is scope to innovate, can positively challenge conventional planning and design parameters.

• An expression of interest (EOI) process will commence shortly seeking design professionsals to join the permanent panel. Until the EOI is completed, existing arrangements for the interim panel will continue.

• The interim National Capital Design Review Panel (NCDRP) has been reviewing significant developments during their design stages for over 18 months, providing constructive guidance to achieve the best possible design outcomes. Key Information

• The interim NCDRP was convened in September 2017 to review time-critical projects. The interim panel reviewed 29 major projects over 43 sessions that has resulted in positive changes through the development application process. 5 major projects have since been reviewed following the new legislation requirements from 1 October 2019.

Cleared as complete and accurate: 29/10/2019 Cleared by: Executive Group Manager Ext: 50204 Contact Officer name: Adam Azzopardi Ext: 73541 Cleared for release Yes Return to Index Information Officer name: Carolyn O’Neill

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• The interim design review panel sessions have provided the opportunity for Government to test the design review panel processes and procedures, underliniing that the review of design is useful for both Government and proponents.

• The key focus of the panel is for development that is five (5) or more storeys across the city’s urban areas, significant government infrastructure projects, major growth areas including greenfield sites and the sale of Territory Land.

• Expert NCDRP members are selected for their skills, expertise and record of achievement in professional fields relevant to planning, design and development. Any panel formed is composed to achieve a balanced representation of skills and experience in professions relevant to the project under review, including Architecture, Landscape Architecture, Planning and Urban Design.

Background Information

• The NCDRP is a joint initiative between the ACT Government and National Capital Authority (NCA) to provide a city-wide peer review process for development in Canberra.

• Chaired by the ACT Government Architect and the NCA Chief Planner (where the NCP applies), the NCDRP facilitates a single voice to industry for the delivery of the best design outcomes for significant development proposals across the city.

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Portfolio: Planning & Land Management ISSUE: Government response to sexist hoarding signage Talking points: • Community concerns were raised earlier in the year about sexualised advertising material on hoarding signage, site fencing and associated advertising on building sites across the Territory. • The ACT Government wrote to the Advertising Standards Board about this matter and is progressing other initiatives intended to provide clear guidance on standards for signage advertising in Canberra, the regulation of signage and related complaints processes. • These inititaives will consider opportunities for integration with administrative processes related to development applications to maximise community awareness of any resulting guidance.

Cleared as complete and accurate: 16/10/2019 Cleared by: Executive Group Manager Ext: 50204 Contact Officer name: Poppy McRae Ext: 70730 Cleared for release Yes Return to Index Information Officer name: Carolyn O’Neill

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Portfolio: Planning & Land Management ISSUE: PROCESSING OF DEVELOPMENT APPLICATIONS Talking points: • The ACT Government provided funding for six new assessing officers to assist in reducing the current backlog in processing development applications. • New staff commenced during August. Training of these new staff members is currently underway, and some have already commenced undertaking assessment tasks. • The current emphasis is on processing the backlog – particularly the oldest DAs. • Improvements are already being seen with the planning and land authority processing more applications than it is receiving. • For example; from 1 July 2019 to October 2019, the planning and land authority determined 30% more DAs than what it received. Backlog • From 1 July 2019 to 31 October 2019 the number of active DA’s has decreased from 393 to 286. This represents a 27% decrease since 1 July. • The current emphasis on processing the backlog, particularly the oldest DAs, will naturally result in a lower percentage of DAs processed in time, until the older DAs in the backlog has been cleared. • In October 30% of DAs were processed within the statutory timeframe. As the backlog of older DAs reduce, the percentage of DAs assessed on time will increase. Addressing the backlog • The planning and land authority implemented a staged assessment model to deal with the larger volume of DAs. This model has been further refined to provide greater efficiency. • The additional staff now also allows the planning and land authority greater flexibility in targeting particular development application types to reduce the backlog. • Limited overtime work may still be undertaken as needed and on a voluntary basis. Cleared as complete and accurate: 11/10/2019 Cleared by: Executive Group Manager Ext: 776804 Contact Officer name: George Cilliers Ext: 76804 Cleared for release Yes Return to Index Information Officer name: George Cilliers

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Key Information

• Funding has been approved for six new assessing officers to assist in reducing the current backlog in processing development applications. The formal recruitment and appointment process occurred with the commencement of the new financial year from July until mid- August. Four new staff commenced during August, with the remaining two new staff commencing during the course of October. Training of new staff is currently underway, and some have already commenced undertaking assessment work.

• The additional staff now also allows the planning and land authority greater flexibility in targeting particular development application types to reduce the backlog. Limited overtime work is undertaken as needed and on a voluntary basis.

• The current emphasis is on processing the backlog – particularly the oldest DAs. This will naturally result in a lower percentage of DAs processed in time, until the older DAs in the backlog has been dealt with. As the backlog of older DAs reduce, the percentage of DAs assessed on time will increase.

• Improvements are already seen with the planning and land authority assessing and determining more applications than it is receiving.

• From 1 July 2019 to October 2019 the planning and land authority received 301 new DAs, and determined 392 DAs – being 30% more DAs processed than received.

• During the month of October 2019 the planning and land authority received 80 new DAs, and determined 150 DAs – being 88% more DAs processed than received.

• During 2018 the planning and land authority implemented a staged assessment model to deal with the larger volume of DAs. This model has been further refined to provide greater efficiency. The model is based on six assessment stages being dealt with by different officers (similar to an assembly line approach). This model also has wellbeing, probity and integrity benefits, in that all DAs are processed as a team effort and no DA is processed anymore by a single officer.

• There are currently 286 active DAs (during the month of October) – compared to a peak of 462 active DAs during October 2018.

Cleared as complete and accurate: 11/10/2019 Cleared by: Executive Group Manager Ext: 776804 Contact Officer name: George Cilliers Ext: 76804 Cleared for release Yes Return to Index Information Officer name: George Cilliers

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Portfolio: Planning & Land Management ISSUE: EIS – QPRC – QUEANBEYAN SEWAGE TREATMENT PLANT UPGRADE IN JERRABOMBERRA Talking points: • On 30 July 2019 an application for an Environmental Impact Statement (EIS) scoping document was lodged by Queanbeyan Palerang Regional Council (QPRC) for an upgrade to the existing sewage treatment plant (STP) in Jerrabomberra. • The proposal is located on Blocks 27 & 2087 Jerrabomberra. • The scoping document application was referred to all relevant entities with comments due on 22 August 2019. • Key concerns raised by entities include odour impacts on nearby residences and potential impacts on receiving waters, particularly Lake Burley Griffin and the Molonglo River. • The scoping document was issued on 10 September 2019. • The final scoping document has been notified on the Legislation Register and EPSDD website. • The scoping document will require consultation by the proponent with local community groups and the ACT and Region Catchment Coordination Group in the preparation of a draft EIS. • An EIS process is not an approval process. It is an information gathering exercise about the potential impacts of a proposal. Key Information

• A draft EIS has to be lodged within 18 months of the scoping document being issued addressing each matter raised in the scoping document. • The draft EIS will be publicly notified for a minimum of 20 working days where anyone can provide a submission. • The proponent will be required to address authority, entity and public comments on the draft EIS in a revised EIS. • The existing QPRC STP is located near Oaks Estate and was constructed in the mid 1930s and discharges into the Molonglo River above Lake Burley Griffin. • The existing STP was designed for 34,500 equivalent population (EP) but is currently serving about 50,000 EP. The proposal aims to increase the capacity to 75,000 EP.

Cleared as complete and accurate: 11/10/2019 Cleared by: Executive Group Manager Ext: 76804 Contact Officer name: Tegan Liston Ext: 57325 Cleared for release Yes Return to Index Information Officer name: George Cilliers

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Background Information

• ACT and Region Catchment Coordination Group (Coordination Group) have had an interest in the QPRC STP since its inception in early 2016 and facilitated discussion between QPRC and Icon Water in regard to developing the original “Best for Region” proposals. In late 2016 a Masterplan was released for comment acknowledging the “Best for Region” approach. • The proposal is likely to attract media and community attention for a number of reasons:

o the STP is to service NSW residents but discharges to the ACT water system o potential odour impacts on nearby residents o the Coordination Group continues to have an interest in this proposal o the public have an interest in this proposal due to potential impacts on recreational use of Lake Burley Griffin

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Portfolio/s : Building Quality Improvement Planning & Land Management

ISSUE: Belconnen s.200 – Geocon Republic Talking points: • An application for amendments to the development on Section 200 Belconnen was refused on 10 July 2019 due to inconsistent documentation. • On 11 July 2019 Access Canberra issued a stop work notice on this site in relation to building work that was being undertaken not in accordance with the development and building approvals. • Both of these decisions occurred independent of Government Ministers, through statutory authorities, being the planning and land authority and Construction Occupations Registrar respectively. • Geocon submitted a new amendment application on 12 July 2019 which was lodged on 19 July 2019. • The amendment application was approved on Monday 22 July 2019 following entity advice and assessment of the amendment application. • On 24 July Access Canberra lifted the stop work notice at the site, however also issued another stop work notice prohibiting building work in an area of the development relating to waste collection. • The second stop work notice is still in place. • The matter of how building work occurred without the required approvals in place at the time is still subject to investigation. • A further amendment to the development application primarily relating to external finishes was lodged on 13 August 2019.

Key Information

• Requiring buildings to be built in accordance with approvals gives certainty to the community and future owners about what will be built and that it will meet relevant standards. • The development approval process is to confirm that important design matters are Cleared as complete and accurate: 11/10/2019 Cleared by: Director Contact Officer name: Ben Green/George Cilliers Ext: 0402 612 399 Lead Directorate: Chief Minister, Treasury and Economic Development Cleared for release Yes Information Officer name: Ben Green Return to Index

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considered and addressed before a development commences, including that any adverse impacts of the development are appropriately mitigated. • The building approval process is to confirm that proposed building work meets building standards, including for the fire safety, structural soundness and accessibility of a building. If the building work also requires a development approval, the development approval must be given before a building approval for the work can be issued. • It is critical to make sure that buildings meet all relevant codes and standards for the safety, health and amenity of occupants and the community, and the protection of the environment.

Background Information

• In the 2018-19 financial year, Access Canberra Building Inspectors issued 29 Stop Work Notices on building sites. While the majority have been lifted, five of those notices remain active. • The action to stop building work on construction sites is part of Access Canberra’s normal processes. • Compliance with the development and building approvals is fundamental to ensuring the integrity of the planning and building systems. • Where changes occur without the proper approvals, the regulator does not have the evidence that what has been constructed complies with the building laws. • It is far cheaper to resolve building compliance issues prior to construction, and during construction than to wait for a building to manifest defects post the building being occupied. • Access Canberra has increased its on-site presence on active building sites across the ACT to ensure that new homes are being constructed in a compliant manner.

Cleared as complete and accurate: 11/10/2019 Cleared by: Director Contact Officer name: Ben Green/George Cilliers Ext: 0402 612 399 Lead Directorate: Chief Minister, Treasury and Economic Development Cleared for release Yes Information Officer name: Ben Green Return to Index

Page 152 QUESTION TIME BRIEF

Portfolio: Planning and Land Management

ISSUE: Holt Powerlines - ACT Second Electricity Supply Project Talking points: • Transgrid is constructing a geographically separate substation (near Stockdill Drive) and Transgrid and Evoenergy are constructing associated electricity transmission lines in West Belconnen. • The construction of transmission lines north of Stockdill Drive is within an existing 90m wide electrical easement. • The primary aim of the project is to create two independent electrical supply routes into the ACT. • The purpose of the works is to meet the requirements of the Electricity Transmission Supply Code (2016) and provide a secure and enhanced electrical supply to the ACT. • The proposal was considered under an EIS and Impact Track Development Application (DA). • During the assessment process consideration was given to matters such as health, visual and environmental impacts (including ACT and Commonwealth protected matters). • The EIS process is in place to consider all impacts, including community concern, and balance residual risks between the community and the environment. • The EIS addressed avoidance and mitigation measures to reduce the impacts, such as screening planting between towers and residential estates. • On 18 November 2018, I conditionally approved the DAs using my ministerial call-in powers. Key information • In 2014, the ACT Government and TransGrid commenced consultation with land holders and other relevant stakeholders. • The proponent was also required to undertake consultation as part of the Environmental Impact Statement (EIS) process. Cleared as complete and accurate: 11/10/2019 Cleared by: Executive Group Manager Ext: 76804 Contact Officer name: James Bennett Ext: 54877 Cleared for release Yes Information Officer name: George Cilliers Return to Index

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• Consultation undertaken with regard to transmission lines within the 90m easement was with the lessee (Woodhaven) who was the developer of Ginninderra Estate as the blocks were only settled after the public consulation process for the EIS and DA. • Public notification was also undertaken by the planning and land authority for 35 working days (more than the required 20 working days). Background Information

• Concerns have been raised relating to the construction of transmission towers in proximity of Lionel Rose Street Holt – part of the recently developed Ginninderra Estate. • The construction relates to the ACT Second Electricity Supply Project. • The residents have stated they are considering a class action as they were unaware of the development when they purchased the property. • Extensive consultation was undertaken by the ACT Government and the proponent (TransGrid) prior to and during the EIS process.

• Public notification was also required as part of the statutory approval process.

• A resident of Lionel Rose Street raised concerns with you and you provided a response detailing the assessment and consultation processes undertaken for the project. • You received and provided a response to a QON from Mrs Kikkert on the project (Question 2656 from QON paper 35). • The Ginninderry development, also to the north of Stockdill Drive, is considering requests for contract recisions on land sales related to similar issues to those above.

Cleared as complete and accurate: 11/10/2019 Cleared by: Executive Group Manager Ext: 76804 Contact Officer name: James Bennett Ext: 54877 Cleared for release Yes Information Officer name: George Cilliers Return to Index

Page 154 QUESTION TIME BRIEF

Portfolio: Planning and Land Management ISSUE: ENVIRONMENTAL IMPACT STATEMENT (EIS) FOR A MATERIALS RECOVERY FACILITY IN FYSHWICK Talking points: • Capital Recycling Solutions (CRS) proposal, relating to the current EIS, is for Blocks 9 and 11 Section 8 Fyshwick and aims to sort, separate and transfer approximately 300,000 tonnes of waste per year. • Originally the proponent applied, through a separate scoping application, for a waste to energy facility and materials recovery facility. That scoping document has now lapsed. • The EIS for the materials recovery facility is currently being assessed under the statutory process outlined in the Planning and Development Act 2007 (PD Act). • On 7 November 2018, a revised EIS for the materials recovery facility, was submitted to the planning and land authority. • On 21 December 2018, the Authority issued a further information request under section 224 of the PD Act because the revised EIS did not address all issues raised in public submissions, entity comments and the Authority’s assessment of the draft EIS. • Further information was lodged with the Authority on 11 April 2019 and on 3 June 2019 a second further information request was made to clarify matters raised by the Authority, Transport Planning (TCCS) and ACT NoWaste (TCCS). This information was lodged on 20 August 2019 and was referred to TCCS and NoWaste for comment. • Once satisfied that the revised EIS addresses all impacts of the proposal, the Authority will prepare an EIS Assessment Report, through consultation with relevant entities, for my consideration. • All other existing and future DAs will be assessed by the Authority against the requirements of the PD Act and the Territory Plan.

Cleared as complete and accurate: 11/10/2019 Cleared by: Executive Director Ext: 76804 Contact Officer name: Tegan Liston Ext: 57325 Cleared for release Yes Return to Index Information Officer name: George Cilliers

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Background

• A range of enquiries have been made to the Directorate by members of the public and The Canberra Times in relation to the CRS proposal for this site. • DA201630668 was conditionally approved on 7 April 2018 for the construction of a hardstand structure parallel to the existing railway line on Block 11 Section 8 Fyshwick. • DA201630668 was reviewed by a senior delegate in the Authority and on 2 August 2018 a new decision was made to refuse the DA. An appeal was lodged against the DA refusal decision in ACAT and the Supreme Court. The Supreme Court handed down its decision on 15 March 2019 to set aside the authority’s refusal decision on the application. The Supreme Court decision means that the 2017 approval decision stands. • Block 11 is subject to a direct sale process. On 18 July 2018, the Chief Planning Executive determined that he would not be able to grant a lease under the current direct sale application process as the proposed railway use was inconsistent with the Territory Plan. The recent Supreme Court decision determined that the proposed use was not prohibited. This decision had the effect of reinstating the original direct sale process, which has now progressed. • On 6 November 2018, a new DA (DA201834656) was submitted for the construction of a hardstand structure relating to a road freight handling and transport operations on Blocks 9 and 11 Section 8 Fyshwick. 21 representations were received. The DA was conditionally approved on 5 June 2019. • On 30 January 2019, a DA (DA201835108) was submitted for the construction of a rail freight terminal on Block 11 Section 47 Fyshwick and use of a road freight handling and transport operations on that block and Blocks 9 and 11 Section 8 Fyshwick. 59 Representations were received. The DA was conditionally approved on 5 June 2019. • Further information was lodged on 20 August 2019 in relation to the EIS and has been referred to TCCS and NoWaste with comments now received. • The Authority has engaged ARUP for an independent review of the EIS to ensure all matters raised in the Scoping Document have been addressed. The independent review is being undertaken due to the significant community interest. • Once the Authority is satisfied that the EIS sufficiently addresses the requirements then an assessment report will be prepared and provided to you for consideration.

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Portfolio: Planning and Land Management ISSUE: EIS – HI-QUALITY - INTEGRATED RESOURCE RECOVERY FACILITY IN FYSHWICK Talking points: • On 20 February 2019 an application for an Environmental Impact Statement scoping document was lodged by Hi-Quality ACT Pty Ltd for an integrated resource recovery facility in Fyshwick. • The proposal is located on Blocks 8 & 12 Section 28 Fyshwick and aims to process approximately 1,000,000 tonnes of waste per year. • A scoping document was issued by the planning and land authority on 4 April 2019 and notified on the Legislation Register and EPSDD website. • The scoping document requires consultation by the proponent with local community groups in the preparation of a draft EIS. • The proponent now has 18 months to prepare a draft EIS to address each matter raised in the scoping document. Key Information

• The draft EIS will be publicly notified for a minimum of 20 working days where anyone can provide a submission. • The proponent will be required to address authority, entity and public comments on the draft EIS in a revised EIS. • An EIS process is not an approval process. It is an information gathering exercise about the potential impacts of a proposal. Background Information

• Hi-Quality proposes to process more than three times the quantity of waste compared to Capital Recycling Solutions’ facility also located in Fyshwick. • A number of proposed activities are likely to attract attention:

o Approximately 40,000 tonnes of wood waste to be processed per annum for wood chipping and reuse or air burning. Up to 1MW of electricity will be generated from wood burning that will be used on site or fed to the grid. o Approximately 2,500 tonnes of asbestos containing material to be stored and transferred per annum to a landfill licensed to accept asbestos waste. o Proposed storage of 42,000kL of diesel fuel which is a hazardous chemical.

• The proposal was the subject of a Canberra Times article on 8 April 2019 and has had continued media and community interest.

Cleared as complete and accurate: 11/10/2019 Cleared by: Executive Group Manager Ext: 76804 Contact Officer name: James Bennett Ext: 54877 Cleared for release Yes Return to Index Information Officer name: George Cilliers

Page 157 QUESTION TIME BRIEF

Portfolio: Planning and Land Management ISSUE: Recent decision on lease deconcession applications • There were recently five applications to remove the concessional status from Crown leases refused by the planning and land authority after the Minister for Planning and Land Management (Minister) decided that it was not in the public interest to consider these applications. • The reasons for the decision (that they are not in the public interest) include:

o There is a lack of community land in the area available for community and not for profit groups. It is important to maintain what is available and encourage community groups. This will ensure that community uses are scattered throughout Canberra and are available for use by all members of the community.

o In some instances the development intentions of the lessee do not require the lease to have the concession removed. It is important to preserve community land to ensure it remains within reach for the use of the wider community.

o It is important for the Government to continue to monitor the community land in the area to ensure the continued operation of community uses.

o In making the decision, careful consideration was given to all public representations, as well as the social impact assessment provided as part of the DAs.

o The potential disadvantages to the community should the leases be varied to include other uses and any possible redevelopment of the site were also considered.

Cleared as complete and accurate: 12/09/2019 Cleared by: Executive Branch Manager Ext: 76804 Contact Officer name: Jonathan Teasdale Ext: 70316 Cleared for release Yes Return to Index Information Officer name: George Cilliers

Page 158

Key information: • In the last two financial years the planning and land authority has approved three and refused five development applications to remove the concessional status from Crown leases. • The Minister decided on 26 July 2019 that it was not in the public interest to consider these 5 applications. Specific Development Applications (DAs) recently refused:

14/42 Campbell DA201833326 and 1/30 Deakin DA201833330

• Owned by the Anglican Church. Development intentions for supportive housing have been proposed. It is not a requirement for the removal of the concession to realise this use. It would be advantageous for the government to continue to monitor the use of the site as supportive housing as the definition of this use requires the site to be operated by a Territory approved organisation.

• The development applications were both refused on 28 October 2019.

25/6 Barton DA201732582

• Owned by Canberra Services Club. Land available for community purposes by community organisation is diminishing and it is important to preserve what is left for the future of the wider community.

• The development application was refused on 23 October 2019.

1/15 Griffith DA201732583

• Owned by the Canberra Services Club. There is a potential detrimental impact to the Territory’s tourism focus. Should the concessional status be removed, the government’s significant investment in the Manuka oval precinct would be compromised. Possible noise, light and security issues would become apparent should the site be redeveloped. Retaining the concessional status of the Crown lease will support the continued function of Manuka Oval as a sporting and recreation facility.

• The development application was refused on 23 October 2019.

67/35 Deakin DA201731633

• Units within the units plan owned by the Australian Institute of Quantity Surveyors, the Surveying Spatial Sciences Institute, and the Spatial Industries Business Association Limited. Offices available for the use of not for profit community organisations are diminishing and must be preserved.

• The development application was refused on 23 October 2019.

Statements of Reason for each of the 5 public interest decisions were signed on 21 October 2019.

Page 2 of 2 Return to Index Page 159 QUESTION TIME BRIEF

Portfolio: Planning and Land Management

ISSUE: KNIGHTSBRIDGE APARTMENTS – OPERATING AS HOTEL Talking points: • I am advised that planning approvals were in accordance with the legislation, including the Territory Plan. • Compliance and enforcement with respect to these types of allegations are the responsibility of Access Canberra. • I understand that Access Canberra has received an application for a controlled activity order and they are currently undertaking an investigation. • As it is an active investigation, I am unable to provide any further comments at this time. Key Information

• On 21 August 2019, the Canberra Times published an article about the Australian Hotels Association making an application to Access Canberra for a controlled activities order - https://www.canberratimes.com.au/story/6331967/flagrant-claims- high-end-kingston-complex-operating-without-approvals/?cs=14225. • The application relates to an alleged breach of the lease purpose clause and development approval by operating the site as commercial hotel accommodation. • The Knightsbridge Apartments are located at 3 Leichhardt Street, Kingston, on block 18 section 20 Kingston, which is zoned RZ5 high density residential zone. The Kingston precinct map and code of the Territory Plan limits the height of buildings in this area to predominantly 3 storeys with a maximum of 4 storeys subject to criterion. • Under the RZ5 zone, residential apartments are merit assessable development. However, commercial accommodation units (serviced apartments) and hotels are prohibited development. • The crown lease for block 18 section 20 Kingston is “To use the land for the purpose of multi-unit housing of not less than three (3) dwellings and not more than fifty six (56) dwellings”. In this regard, the lease does not permit commercial accommodation (hotel) use. • In 2014, a development approval was issued by the planning and land authority for the demolition of the existing buildings on the site and the development of 56 residential apartments. Background Information Cleared as complete and accurate: 11/10/2019 Cleared by: Executive Group Manager Ext: 76804 Contact Officer name: George Cilliers Ext: 76804 Cleared for release Yes Return to Index Information Officer name: George Cilliers

Page 160 QUESTION TIME BRIEF

• You previously met with representatives of the Australian Hotels Association on 19 June 2019 to discuss this issue (19/15925). • Access Canberra has previously investigated this complaint, including a site visit on 27 July 2018. • Following the site inspection, it was determined that the immediate safety concerns for occupants was minimised as a result of the construction and operation of the building, particularly as they relate to fire safety systems. • Based on their investigations, Access Canberra decided at that time not to pursue this as a regulatory compliance matter. • Access Canberra met with the AHA and advised that this matter would not be pursued as a regulatory compliance matter as a result of Access Canberra’s investigation.

Cleared as complete and accurate: 11/10/2019 Cleared by: Executive Group Manager Ext: 76804 Contact Officer name: George Cilliers Ext: 76804 Cleared for release Yes Return to Index Information Officer name: George Cilliers

Page 161 QUESTION TIME BRIEF

Portfolio: Planning & Land Management

ISSUE: Chisholm McDonalds Development Application Talking points: • An application for the redevelopment of blocks 44, 45 and 48, section 539 Chisholm was lodged 25 July 2019. • The proposal includes the demolition of existing structures, construction of a fast food restaurant with drive-through, subdivision and consolidation and lease variation to remove an access easement and the use of ‘Drink Establishment’. • Two petitions with over 700 signatures were tabled in the Legislative Assembly on 30 July 2019 by Ms Joy Burch MLA. The petitions requested the ACT Government to oversee thorough community engagement on the proposal. • The DA was placed on an extended major notification period, commencing on 5 August 2019 and closing on 6 September 2019. The extension was due to significant interest from the community in this application. This notification attracted 119 representations. • The application is currently under assessment by the planning and land authority.

Key Information

• The application is for blocks zoned as CZ1 core zone and is a permitted use. • The application requires the direct sale of block 45, section 239 Chisholm, currently containing the Chisholm Centre public toilets. It is proposed that these toilets will be demolished and new publicly accessible toilets constructed within the Chisholm shopping centre. • TCCS provided in-principle support for the proposed acquisition and demolition of the toilet block in July 2017. • The petitions and representations raise a number of concerns with the proposal, including the number of fast food outlets in the area and the closure of the tavern on the site. • To meet the statutory time frames, a decision on the application (DA 201935300) is due 26 September 2019.

Cleared as complete and accurate: 11/10/2019 Cleared by: Executive Group Manager Ext: 76804 Contact Officer name: Chris Gell Ext: 72642 Cleared for release Yes Return to Index Information Officer name: George Cilliers

Page 162 QUESTION TIME BRIEF

Portfolio: Planning & Land Management ISSUE: Gus’ Café – Site of Geocon’s Proposed City Hotel Development Talking points: • Geocon is proposing a hotel development on two blocks between Bunda Street and Garema Place in the City. • As there is a current development application under assessment by the independent planning and land authority, I am limited in what I can say at this time. • I am advised that Geocon has purchased Block 1 Section 47 which is home to Gus’ café and have submitted a new hotel proposal for both Blocks 1 and 5 Section 47. • Geocon had a hotel development for Block 5 only approved in December 2018. • The site of Gus’ café is heritage listed for its intangible social value, (i.e. the story) and public recognition of the historical significance of Gus’ café through a commemorative plaque. • The physical building and current café are not heritage listed. • The DA was referred to the ACT Heritage Council, which has indicated that the proposed development is not likely to diminish the heritage significance of the place, subject to conditions. • The Heritage Council has requested that, during construction, signage in the Gus’ café area include murals of the history of the area and the fight for outdoor eating. • The Heritage Council has also required that after construction, the plaque commemorating the site be returned to its current location and that interpretative signage telling the history of the area be installed. • The current development proposal includes a food and drink establishment with outdoor seating in the location of the current Gus’ café. Key Information

• Geocon has previously submitted a DA for a hotel on Block 5 Section 47 only (DA201833481). This DA was approved on 14 December 2018.

Cleared as complete and accurate: 22/10/2019 Cleared by: Executive Branch Manager Ext: 73520 Contact Officer name: James Bennett Ext: 54877 Cleared for release Yes Return to Index Information Officer name: Brett Phillips

Page 163 QUESTION TIME BRIEF

• Geocon has since purchased the adjacent Block 1 and has developed a new hotel proposal covering both blocks. This is the DA currently under assessment which includes the Gus’ café site. • The current proposal is a hotel development up to 12 storeys (terracing between 6 and 12 storeys), including 2 levels of commercial office space and a ballroom. • The current DA under assessment has received eight representations. • The development is proposing to provide a driveway easement to ensure access to basement parking on the adjacent Block 3, should it be required in the future. • The current DA was reviewed by the Design Review Panel on 13 March 2019 and the Panel recommended that the height, and bulk and scale, be reduced to be consistent with the previously approved DA. • The proposal has been revised by the proponent following preliminary assessment by the planning and land authority, and a further information request on the basis of entity advice made during July 2019. Revised plans were submitted during mid- September 2019, and are currently being assessed by the planning and land authority.

Page 164 QUESTION TIME BRIEF

Portfolio: Planning & Land Management ISSUE: Address allocation – 1 Constitution Avenue Talking points: • The Surveyor-General has reallocated the address for Block 10 Section 11, Division of City (known as Nara House) from 1 Constitution Avenue to 3 Constitution Avenue, Canberra City. • This was required as Constitution Avenue has been extended from London Circuit to Vernon Circle. • The street address of 1 Constitution Avenue has now been allocated to a new block fronting Constitution Avenue (Block 28 Section 19 City). This block is currently being developed for a hotel. • In making this decision, I am advised that the Surveyor-General considered a number of addressing options and determined that this was the most appropriate option in the circumstances. • Lessees of affected blocks were notified on 20 September 2019 that the allocation of addresses would take place on 4 October 2019. The changes were formally implemented on 9 October 2019. Key Information

• When Constitution Avenue was extended from London Circuit to Vernon Circle, a new frontage to Constitution Avenue was created. A valid street address was required for the proposed development on what is now Block 28, Section 19. • Various options for addressing the new frontage were considered but only one was considered acceptable when the Australian National Addressing Standards were applied. • Because there was no valid street address for the road extension, the Surveyor- General applied the Australian National Addressing Standards to allocate an address—1 Constitution Avenue to Block 28, Section 19. • The normal practice is to allocate an address relevant to the location of the front entrance and letter boxes of a building with frontage to the road; in this case, a hotel that will front Constitution Avenue. • It is also important to have street numbers in logical order, most importantly for emergency service vehicles to find an address quickly, but also for visitors, Australia Post and delivery companies.

Cleared as complete and accurate: 14/10/2019 Cleared by: Executive Group Manager Ext: 73520 Contact Officer name: Greg Ledwidge Ext: 50083 Cleared for release Yes Return to Index Information Officer name: Brett Phillips

Page 165 QUESTION TIME BRIEF

• Under s. 13 of the Districts Act, the allocation of a street address must be done in accordance with guidelines, if any, about the allocation of street addresses made under s. 14 of the Act. There are no guidelines currently made under this section; however, the practice has been that street addresses in the ACT are allocated in accordance with the Australian National Addressing Standards. • In this instance, the Australian National Addressing Standards state that numbers may be re-allocated and no negative numbers or the number zero may be used. Therefore Block 28 Section 19 could not be allocated a valid street address without also reallocating an address to Nara House. • Block 10 Section 11 City (Nara House), located on the corner of Constitution Avenue and London Circuit, has had the street address of 1 Constitution Avenue for many decades. It has now been renumbered to 3 Constitution Avenue, in line with the Australian National Addressing Standards. • Due to the current numbering system, no other addresses along Constitution Avenue were required to change. • The ACT addressing database has been updated and relevant agencies including Australia Post and the Emergency Services Agency has been notified. Background Information

• The Surveyor-General discussed with the current lessee and intended purchaser the possibility of allocating 1 Nangari Street to the Nara site and thus keep the number 1 in the address. While the lessee said this may be acceptable, the intended purchaser rejected it. • Nara House is currently being sold. The intended purchaser has strongly indicated they want to keep 1 Constitution Avenue as a marketing advantage. • On 20 September 2019 the lessee of Nara House was advised that the decision had been made to reallocate the Nara House address from 1 Constitution Avenue to 3 Constitution Avenue and allocate 1 Constitution Avenue to Block 28 Section 19. • The property managers, acting on behalf of the Nara House lessee and intended purchaser, wrote on 25 September 2019, to object to the decision. Further correspondence was received from Mills Oakley law firm, acting on behalf of the new owners, on 3 October 2019. • The acting Surveyor-General provided written responses the Mills Oakley on 3 and 21 October 2019.

Page 166 QUESTION TIME BRIEF

Portfolio: Planning & Land Management ISSUE: McKellar Shops Talking points: • The McKellar shops site is privately owned. • A development application for the demolition of the original McKellar shops building and construction of a three storey mixed use development was approved in 2011. • The building was demolished during 2013, however the DA lapsed prior to the new building being constructed. • A new DA for a three storey development including a supermarket, six commercial tenancies and 22 apartments was approved in August 2016. • Evidence was provided that work in relation to the new DA had commenced in September 2018, during the required two year commencement period. The work is required to be complete by September 2020 unless an extension of time is granted. • While there is some concern from the community about the time being taken to complete this redevelopment, the development approval is still active. • As the site is privately owned, the future development intention for the site is a matter for the lessee.

Key Information

• On 29 August 2016, DA201628902 was approved for the construction of a three storey mixed use development with basement car parking, with construction required to commence by 30 September 2018. • On 25 September 2018, the proponent provided evidence that the development had commenced. This included photos of site works, and letters from the project architect and building certifier. • Under the Planning and Development Act 2007, the proponent has two years from when the development began to complete construction. Therefore, DA201628902 is still current. • However, no building approval has been granted for the works described in DA201628902 and it is unknown what the lessee intends to do with this site and whether they will be progressing with DA201628902.

Cleared as complete and accurate: 14/10/2019 Cleared by: Executive Group Manager Ext: 73520 Contact Officer name: Chris Gell Ext: 72642 Cleared for release Yes Return to Index Information Officer name: Brett Phillips

Page 167 QUESTION TIME BRIEF

Portfolio: Planning & Land Management ISSUE: DEAKIN SOCCER CLUB Talking points: • I am aware that on 23 October 2019 Canberra Times featured an article about an Access Canberra and ACT Policing investigation into the subdivision and redevelopment of part of the Croatia Deakin Football Club oval that was completed in September 2000. • I am advised that there was a brief discussion on ABC Radio on 21 October 2019 with a club member on the matter. • Members of the Croatia Deakin Soccer Club have been in regular contact with my office for more than 12 months. I have responded to their correspondence aside from their most recent letter. • As this matter is under investigation, it is not appropriate for me to comment further at this time. • In relation to current applications, I understand the club is considering an application to seek to remove the concessional status of the Crown lease of the club building site (Block 11 Section 12 Deakin). • No development application has been submitted to remove the concession from the lease over the club building site. • I understand that the Club is currently undertaking community consulation on the proposal, which is required before any development application can be submitted. • Before acceptance for lodgment as a development application, the Club will need to have complied with the Pre-DA Community Consultaton Guidelines 2017. • For any applications to remove the concessional status of a Crown lease, it is important for the Government to continue to monitor the community facilities in the area to ensure there is adequate land available for community uses. • In relation to the separate lease over the oval site (Block 16 Section 36 Deakin), the concessional status was removed from this lease after development approval was given on 13 April 2015. The market value of

Cleared as complete and accurate: 23/10/2019 Cleared by: Executive Group Manager Ext:73520 Contact Officer name: Jonathan Teasdale Ext: 70316 Cleared for release Yes Return to Index Information Officer name: Brett Phillips

Page 168 QUESTION TIME BRIEF

the lease was paid on 17 August 2017 and a market value Crown lease was granted on 6 December 2017. Key Information • The Club building lease and the oval lease are owned by different but related entities. • The Croatia Deakin Football Club (CDFC) is the lessee of Block 16 Section 36 Deakin (the oval). • The Croatia Deakin Soccer Club (CDSC) is the lessee of Block 11 Section 12 Deakin (the club premises). Background Information

• Purdon Planning, on behalf of the Deakin Croatia Soccer Club Ltd, has undertaken pre-DA Community Consultation for a proposal to remove the concessional status from the Crown lease over the club building site (11/12 Deakin). Their closing date for pre-lodgement community consultation was 1 October 2019. The information on the Purdon Planning webpage for the project is that the proposal is to allow for an independently operated restaurant to tenant part of the current building. • No application has been submitted to the planning and land authority. • The latest correspondence to Minister Gentleman was from Zac Barac and Dom Kraljevic and responded to on 3 September 2019. Correspondence reference 19/22013. • This was the subject of a brief ABC Radio media piece on 21 October 2019. • This was the subject of a front page Canberra Times news article on 23 October 2019. • The deconcession of the lease for the oval (16/36 Deakin) was approved in 2015 and the market value lease was granted in 2017.

Page 169 QUESTION TIME BRIEF

Portfolio: Planning and Land Management ISSUE: ACT PLANNING REVIEW Talking points: • Under the Planning and Development Act 2007, a decision must be made every five years as to whether to review the Territory Plan. The Chief Planning Executive committed to a review of the Territory Plan in 2018. • The Government has agreed and through the Directorate, begun work to complete a review of the ACT Planning System, including the Territory Plan. • The objective of the ACT Planning Review is to deliver a clear, contemporary and accessible planning system, including a Territory Plan, that enables the achievement of high quality outcomes.

o The ACT Planning Review began in early 2019 and was informed by recommendations made by the refreshed ACT Planning Strategy in December 2018 • In May 2019, two workshops were held with representatives from community councils and residents groups, as well as industry associations, institutes and peak bodies. These workshops affirmed the scope and objective of the review. • A survey was circulated through the YourSay Community Panel in October 2019, which received over 950 responses from a cross section of Canberra’s community. The survey asked respondents to consider the characteristics of their local areas and their level of engagement and interest with planning in the ACT. The results for the survey are currently being compiled and will inform further engagement on the Planning Review in 2020 as well as input to areas of focus in the review work. • A jurisdictional review and benchmarking exercise has been completed, which assessed nine contemporary planning systems across Australia and internationally to inform development of best practice options that may be fit for purpose for the Territory moving forward.

o This jurisdictional review has provided good examples of what works well in other planning systems and what lessons we can learn from them in designing a system that meets our objectives.

Cleared as complete and accurate: 16/10/2019 Cleared by: Executive Group Manager Ext: 76842 Contact Officer name: Alix Kaucz Ext: 50864 Cleared for release Yes Return to Index Information Officer name: Carolyn O’Neill

Page 170 QUESTION TIME BRIEF

Key Information: • Concerns have been raised about the complexity of the Territory Plan and the planning system in the ACT. The current Territory Plan has 45 strategic principles and approximately 180 codes, 190 objectives, 1400 rules, 1200 criteria and more than 2700 pages. Background Information: • The Territory Plan sets out the development zones applicable to land in the ACT (for instance residential, commercial, industrial) and specifies what development is permitted and prohibited in those zones. • The Territory Plan also contains the planning provisions that apply to development proposals, such as those relating to heights, maximum floor areas, parking requirements and private open space controls.

Page 171 QUESTION TIME BRIEF

Portfolio: Planning & Land Management ISSUE: Urban Sounds / Entertainment Action Plan Talking points: • Canberra’s nightlife is a major driver of jobs and economic growth for the ACT and our burgeoning bars, restaurants and venues help make our city a great place to live and visit. • The ACT Government’s Entertainment Action Plan seeks to balance entertainment and night-time activities with the needs of residents in our growing centres. • The Action Plan sets a vision for a dynamic Canberra that offers a diversity of entertainment and night-time activities that we can all be proud of. • The Action Plan notes the complexity and range of issues related to planning for entertainment and considers how entertainment and possible entertainment areas fits within the urban planning and other contexts. • Actions in the plan are informed by industry and community feedback including, a successful ‘Planning for Live Entertainment’ stakeholder workshop held in September 2019. • One of the first actions to be progressed is a trial entertainment area in the City Centre. This will monitor activity and noise levels as well as collecting community comments over the lively summer months. • Feedback and results collected from the trial entertainment area will inform considerations of what changes might need to occur to support entertainment areas throughout Canberra. • Of course, Government alone cannot identify all of the solutions to these issues. It will be important for the industry and community to work with Government and contribute their ideas to support a mix of entertainment options and opportunities in the ACT. • The Government will update the Legislative Assembly and the community on progress on the Entertainment Action Plan in July 2020.

Background Information

Cleared as complete and accurate: 11/10/2019 Cleared by: Executive Group Manager Ext: 76842 Contact Officer name: Rebecca Bamford Ext: 78749 Cleared for release Yes Return to Index Information Officer name: Carolyn O’Neill

Page 172 QUESTION TIME BRIEF

Urban Sounds

• The Entertainment Action Plan is the next step in a conversation that began with the Urban Sounds community consultation in 2016. • The Urban Sounds work is related to a 2016 election commitment for a more creative and liveable Canberra through strengthening the ACT live music scene. • The Urban Sounds Discussion Paper sought community feedback on 11 options for improving the ACT planning framework to manage noise in mixed use areas. A range of engagement activities took place in August-September 2016. Existing noise management requirements • Under the existing noise regulations, activities and events that bring the city to life will continue, both in public places and within venues such as bars and restaurants. • The ACT is divided into noise zones, based on Territory Plan zoning. These allow higher noise in industrial and commercial areas, with more stringent noise limits in residential zones to reflect the types of activities that are acceptable in each area. The noise limits clearly set noise expectations upfront for the benefit of residents, venues and builders. • The Territory Plan requires a noise management plan at development application stage for a range of potentially noisy commercial uses, such as bars, hotels, entertainment facilities and recreation facilities. Noise management plans must demonstrate how noise impacts on both commercial and residential neighbours can be managed. • The Territory Plan also requires residential developments in commercial areas to meet strict noise attenuation standards as part of their development application process. • The environmental authorisation noise credit system is available to large-scale outdoor events and concerts to allow events to exceed the prescribed noise standards on a maximum number of occaisions per year. This can be used for major events such as Summernats and Groovin the Moo which benefit the ACT economy.

Page 173 QUESTION TIME BRIEF

Portfolio: Planning and Land Management

ISSUE: ACT PLANNING STRATEGY 2018 IMPLEMENTATION Talking points: • The ACT Planning Strategy 2018 (the Planning Strategy) is the key strategic document for directing growth and change in the Territory, setting out a vision of Canberra as a sustainable, competitive and equitable city. • The Strategy identifies areas for urban intensification based on walkable distances to transport and services (such as light rail stops or group centres) and efficiently utilises existing infrastructure investment. • Opportunities for future greenfield development were considered taking into account key issues such as proximity to existing urban areas, jobs and services, environmental qualities and transport connections. • The Strategy sets the stage for an important conversation in 2019 about the Territory Plan and how it can support better planning and design outcomes that are aligned with community and government expectations. • Work is underway as part of the ACT Planning Strategy’s implementation to investigate the suitability of urban intensification localities for a range of opportunities. • Three studies have been commissioned, and are due for completion by the end of 2019. The outcomes of these studies will be used to inform the ACT Planning Review and implementation of actions in the Planning Strategy. Key Information

• The Standing Committee on Planning and Urban Renewal resolved to undertake an inquiry into the Planning Strategy in order to ‘gain a greater understanding of the key elements of the Strategic Direction for the development of Canberra’. This public hearing was held on 29 March 2019. The inquiry was completed on 14 May 2019 when the Committee resolved not to draft a formal report however the identification and understanding of key elements of the Planning Strategy, gained from the inquiry, will inform future work undertaken by the committee during the Ninth Assembly.

Cleared as complete and accurate: 29/10/2019 Cleared by: Executive Group Manager Ext: 76842 Contact Officer name: Alison Moore Ext: 72693 Cleared for release Yes Return to Index Information Officer name: Carolyn O’Neill

Page 174 QUESTION TIME BRIEF

• The Planning Review is also providing an opportunity to implement a number of the Strategy’s strategic directions and actions. Other actions will be implemented progressively over the next few years. • The ACT Planning Strategy 2018 was released on 5 December 2018 following extensive community and stakeholder consultation. • Notice of the ACT Planning Strategy 2018 was given by the Planning and Development (Planning Strategy) Notice 2018 Notifiable Instrument NI2018-665 (dated 4 December 2018). Background Information

• The concurrent housing, climate change and transport strategies have provided significant opportunities for policy alignment in the delivery of key Government priorities.

Page 175 QUESTION TIME BRIEF

Portfolio: Planning and Land Management ISSUE: City and Gateway Urban Design Framework Implementation Talking points: • The City and Gateway Urban Design Framework (the Framework) was released in December 2018 and delivers three key actions of the City Plan (2014), specifically:

o a transport and movement network; o economic development opportunities for the city; and o an urban design framework for the city and gateway corridor. • Implementation of the Framework requires an amendment to the National Capital Plan and variations to the Territory Plan.

o The National Capital Authority’s (NCA) National Capital Plan Amendment 91 – City and Gateway Urban Design Provisions was approved on 1 April 2019.

o Work is continuing on Draft Variation 368 (DV368) for release for public consultation in coming weeks. DV368 implements components of the Framework for areas along Northbourne Avenue between Antill Street and Barry Drive.

o Separate Territory Plan variations will be prepared for areas north of Antill Street to the Federal Highway, and for areas south of Barry Drive to the City centre that are nominated in the Framework. • The Government will develop planning and design principles for land along the stage two light rail corridor in keeping with the ACT Planning Strategy 2018, which identifies the Stage Two light rail corridor as a land use investigation area.

Cleared as complete and accurate: 16/10/2019 Cleared by: Executive Group Manager Ext: 76842 Contact Officer name: Suzanne Jurcevic Ext: 73317 Cleared for release Yes Return to Index Information Officer name: Carolyn O’Neill

Page 176 QUESTION TIME BRIEF

Portfolio: Planning and Land Management ISSUE: HOUSING CHOICES Talking points: • The Government is addressing the findings and recommendations of the Housing Choices project and Collaboration Hub to respond to the future housing needs of Canberrans. • Workshops were held with interested members to develop options in response to several recommendations of the Collabration Hub. The identified options will be incorporated into a draft variation to the Territory Plan for Housing Choices, which is anticipated to be released for public consultation in the coming months. • Other recommendations of the Collaboration Hub will be considered and implemented through other projects. These include the ACT Planning Review which commenced in early 2019, the ACT Housing Strategy 2018 and ACT Planning Strategy 2018, and Demonstration Housing projects. • Information on Housing Choices is available via the YourSay website. Key Information • Housing Choices took a collaborative, innovative and informed approach to community engagement, including the involvement of a Collaboration Hub and the broader public. The Collaboration Hub brought together 35 citizens representative of the Canberra community. They met on five Saturdays to consider options, best practice and community comments. • The Collaboration Hub provided its final recommendations report at its last meeting on 28 July 2018 to me as the Minister to consider. The report included 13 recommendations on ways to improve housing choices in the future. • The Government responded to the Collaboration Hub in September 2018. The Government provided in-principle support to the 13 recommendations, subject to further policy analysis and consultation by the Environment, Planning and Sustainable Development Directorate (EPSDD). Background Information • Housing Choices supports whole of government priorities including housing diversity, demonstration housing, urban renewal and affordable housing.

Cleared as complete and accurate: 16/10/2019 Cleared by: Executive Group Manager Ext: 76842 Contact Officer name: Trina McFarlane Ext: 71920 Cleared for release Yes Return to Index Information Officer name: Carolyn O’Neill

Page 177 QUESTION TIME BRIEF

Portfolio: Planning and Land Management ISSUE: RED HILL INTEGRATED PLANNING PROCESS Talking points: • The Government has prepared a draft Integrated Plan for the Red Hill Nature Reserve and surrounding areas. • The draft plan has been developed in response to a resolution from this Assembly which called on the Government to only proceed with a joint Territory Plan Variation for sites adjacent to Red Hill Nature Reserve. • A summary plan diagram and draft directions and recommendations were placed on the Environment, Planning and Sustainable Development Directorate website on 23 September 2019. • These documents provide a snapshot of the proposed draft Integrated Plan. • This is by no means a final plan. The Government will engage with the community through drop in sessions in November 2019 and also through online engagement through the EPSDD website. • Implementation of the draft Plan would impact local residents and businesses. The Government is working with all parties to consider the implications of the draft plan prior to finalising it. • I’m expecting to present a final Plan to the Legislative Assembly in early 2020. Any required Territory Plan variations as a result of the Plan would be implemented following the endorsement of a final Plan. • Territory Plan variations would follow the required statutory process, including the opportunity for the community to comment on the specifics of the proposals.

o The resolution impacts on two known proposals for Territory Plan variations at Deakin section 66 on Kent Street (mixed use residential development) and on part of the Federal Golf Club (lifestyle retirement complex).

Page 178 QUESTION TIME BRIEF

Portfolio: Planning and Land Management

ISSUE: COOMBS COMMERICAL CENTRE Talking points: • The timing of the full opening of the Coombs commercial centre is outside the control of the ACT Government and rests fully with the centre’s owner. • Under the crown lease, the lessee had 48 months or until 15 April 2019 to complete the development and obtain a Certificate of Occupancy and Use (COU). A COU for the shops in units 1-9 and the common areas was issued in September 2018 excluding the area within the building set out for a supermarket. • This 48 month timeframe is an acknowledgement of the scale and complexities of commercial developments and the time it takes to plan, gain approval, construct and place tenants within the development. • The majority of commercial land sold by the ACT Government has the same 48 month timeframe to complete these developments. • As part of the final stages of planning for new residential areas, the ACT Government reviews the retail needs assessment to confirm the actual provision and requirements that will apply to the proposed commercial centre(s). In the case of Coombs, there was a mandatory requirement for a supermarket to be provided within the commercial centre. • In 2021-22, the Government intends to release the first large commercial site in the future suburb of Molonglo that will ultimately provide for an extensive range of facilities and services including large supermarkets and a greater range of retail facilities. Background Information

Development application details • The initial proposal (DA 201528337) was approved by means of an ACAT order on 27/06/2016. • An amendment application for a number of minor external changes to the Coombs Shopping Centre was lodged on 18 June 2018. The amendment application was not publicly notified as it comprised minor changes, such as changes to doors, windows, handrails, and landscaping. • The amendment application was approved on 26 June 2018.

Cleared as complete and accurate: 10/10/2019 Cleared by: Executive Director Ext: 76842 Contact Officer name: Steven Gianakis Ext: 71741 Cleared for release Yes Return to Index Information Officer name: Carolyn O’Neill

Page 179 QUESTION TIME BRIEF

Compliance with lease requirements • Access Canberra is satisfied that the lease is being used in accordance with its purpose clause. The purpose clause does not require that the whole building be used, rather the only requirement is to use the lease (or part of the lease) for the intended purpose, including shop, restaurant or business agency. There is currently a small supermarket operating on the site.

Page 180 QUESTION TIME BRIEF

Portfolio: Planning and Land Management ISSUE: GUNGAHLIN TOWN CENTRE PLANNING REFRESH Talking points: • Public consultation on Draft Variation to the Territory Plan No. 364 (Gungahlin Town Centre Planning Refresh) commenced on 30 September 2019 and will end on 18 November 2019. • The Draft Variation proposes a number of changes including to building heights; land use through the re-introduction of residential uses and reserving 65,000m2 for large-scale commercial offices in Gungahlin east precinct;. • The Draft Variation was informed by the final version of the Gungahlin Town Centre Planning Refresh Snapshot, which was publicly released in November 2018 (the 2018 Snapshot). • The Government has provided the community with time to absorb and consider the 2018 Snapshot’s recommendations to support informed and transparent consultation on the draft variation. • The community is encouraged to provide written submissions on the planning and development changes proposed through the Draft Variation for consideration by the directorate in preparing the final draft variation. Background Information

• The 2018 Snapshot included, for information purposes only, a Concept Variation to the Territory Plan’s Gungahlin Precinct Map and Code that documents the intended statutory changes to the Territory Plan to implement the refresh’s planning recommendations. The draft variation is also based on the concept variation. • The 2018 Snapshot considered the impact of, and opportunities for, a growing population and employment through the themes of building height and character; upgrading and enhancing public spaces; and walking, cycling and road transport. • The 2018 Snapshot responded to a government commitment to undertake a review in response to community concerns about liveability issues arising from high density development particularly in the north-western precinct of the town centre. • The 2018 Snapshot recommendations were informed through technical assessment including utilising a working draft version of 3D Canberra model of Gungahlin town centre; review of public open spaces and active travel; and traffic modelling.

Cleared as complete and accurate: 29/10/2019 Cleared by: Executive Director Ext:54522 Contact Officer name: Steven Gianakis Ext:71741 Cleared for release Yes Return to Index Information Officer name: Carolyn O’Neill

Page 181 QUESTION TIME BRIEF

Portfolio: Planning and Land Management ISSUE: TERRITORY PLAN VARIATIONS (Oaks Estate, Water Sensitive Urban Design, Calwell group centre, End-of-trip facilities, Molonglo River Reserve, Kippax Group Centre, Curtin Group Centre and adjacent residential area, Gungahlin Town Centre Refresh, Common Ground Dickson, City and Gateway South)

Draft Variation 328 Talking points: Oaks Estate • Draft Variation 328 Oaks Estate incorporates some of the recommendations of the Oaks Estate master plan into the Stage: Revise before 2nd Territory Plan. round of consultation • Contamination studies, required by the Environment Protection Authority (EPA), were completed in March Interim Effect: No 2019. • Changes to DV 328 are being drafted in response to Consultation: previous community consultation on the draft variation. 31 January - 16 March 2015 DV328 will be re-notified for public consultation following these changes.

Draft Variation 354 Talking points: Waterways: water sensitive • Draft Variation 354 Waterways: water sensitive urban urban design general code design general code implements the key recommendations of the ACT Government’s Water Stage: Variation Approval and Tabling Sensitive Urban Design Review Report which was released in 2014 (WSUD Review). Consulation: • Two public submissions were received during the 21 September 2018 – consultation period and EPSDD is currently reviewing the 20 March 2019 matters raised. • The Variation is being prepared for consideration by the Interim Effect: No Minister. Standing Committee: No Inquiry Draft Variation 355 Talking points: Calwell Group Centre • Three public submissions were received during consultation. There was a detailed submission on behalf Stage: Preparing a Government Reponse to the of the shopping centre owners. Traffic, access and parking Standing Committee are key considerations of the two other submissions. Additionally, the South East Tuggeranong Residents Consultation: Association (SETRA) seeks additional planning processes 10 August – for the surrounding areas including the playing fields. 24 September 2018 • The Government is considering the recommendations of Interim Effect: Yes the Standing Committee. Standing Committee:

Cleared as complete and accurate: 16/10/2019 Cleared by: Executive Director Ext: 76842 Contact Officer name: Sonya Moser Ext: 72326 Cleared for release Yes Return to Index Information Officer name: Carolyn O’Neill

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6 Recommendations September 2019

Draft Variation 357 Talking points: End-of-Trip Facilities • Draft Variation 357 End-of-Trip Facilities General Code General Code (DV357) proposes to introduce an End-of-Trip Facilities General Code into the Territory Plan, which will replace Stage: Revise before 2nd the Bicycle Parking General Code. round of consultation • Interim Effect: No DV357 proposes changes to the requirements for bike parking and change facilities, as well as proposing to Consultation: exclude these facilities from gross floor area (GFA) 28 April – 13 June 2017 calculations.

• EPSDD and TCCS have worked with submitters to resolve issues raised during the initial consultation process and this will lead to adjustments being made to the proposed draft variation prior to renotification. Draft Variation 360 Talking points: Molonglo River Reserve • Draft Variation 360 proposes changes to the public land reserve overlay boundaries and a minor zoning Stage: Preparing a Government Reponse to the adjustment on the Territory Plan Map for the Molonglo Standing Committee River Reserve. • Consultation: This is in response to a request by the ACT Conservator of 23 November 2018 – Flora and Fauna to align the Territory Plan with the 1 February 2019 requirements of the Molonglo River Reserve draft Reserve Management Plan. Interim Effect: No • The Government is considering the recommendations of Standing Committee: the Standing Committee. 4 Recommendations September 2019

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Draft Variation 361 Talking points: Kippax Group Centre • Draft Variation 361 Kippax Group Centre (DV361) incorporates the recommendations of the recently

approved Kippax Group Centre Master Plan into the Stage: Consideration of Territory Plan to provide guidance on the desired built public submissions form and character of the centre as it develops into the Consultation: future. 25 March – 28 June 2019 • The draft variation includes rezoning a number of blocks Interim Effect: Yes to commercial CZ1 core zone and CFZ community facility zone. The existing two storey height limit in the group centre is maintained, while introducing three, five and six storey height limits in selected locations. • High quality design outcomes are promoted in key public spaces, including active frontages and solar access and a pedestrian corridor is introduced.

• The proposal includes the skate park relocation and upgrade of surrounding public open spaces as a part of any development. Associated with the potential retail expansion of the centre there would be a net loss of land in the parks and recreation PRZ1 urban open space zone. • The draft variation was released for public consultation along with the final master plan. • Some 56 public submissions were received in relation to DV361. The final late submission was received in September following the public release of the flood report. The majority of comments focused on the loss of urban open space. • The draft variaiton is being considered in light of public comments and a report on consultation is being prepared in response to the issues raised. Draft Variation 363 Talking points: Curtin Group Centre and • Draft variation 363 Curtin Group Centre and adjacent adjacent residential areas residential areas incorporates the recommendations of the approved 2018 Curtin Group Centre Master Plan into Stage: Consideration of the Territory Plan to provide guidance on the desired built public submissions form and character of the centre as it develops into the future. Consultation: • 7 June – 21 August 2019 The draft variation reinforces the centre’s village character by limiting building height around the central courtyard to Interim Effect: Yes single storey and provides the opportunity for some increase in building height of up to five storeys that is complementary to this character.

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• Up to six storeys is proposed for the Statesman Hotel site and part of the adjacent parking areas, with setbacks for the higher building elements to protect streetscape character. • Residential development in the medium density residential zones adjoining the centre is proposed up to six storeys. Residential uses are prohibited within the core area at ground level to encourage an active streetscape and in public places. • There are two areas proposed for rezoning that involve:

o an unleased parcel of land at the south west corner of the Carruthers Street roundabout from residential and commercial zones to urban open space and

o the southern part of the centre from commercial core zone to commercial business zone. • A total of 19 submission were received during public consultation and the draft variation is being considered in light of the comments. A report on consultation is being prepared in response to the issues raised. Draft Variation 364 Talking points: Gungahlin Town Centre • Draft Variation 364 proposes to incorporate the recommendations of the Gungahlin Town Centre Planning Stage: Public Consultaton Refresh - Snapshot into the Territory Plan to provide Consultation: guidance on the desired built form and character of the 1 October - town centre as it develops. 18 November 2019 • It is proposed to amend the Gungahlin precinct code by: Interim Effect: Yes o permitting residential use in the Gungahlin East precinct o replacing some building envelope controls with maximum building heights 2 o preserving a minimum of 65,000m for large-scale commercial offices o introducing maximum building heights • Consultation activities involve a meet the planner session and presentation at the Gungahlin Community Council. Draft Variation 367 Talking points: • Draft Variation 367 proposes to rezone block 25 section 72 Common Ground Dickson Dickson from commercial CZ6 leisure and accommodation Stage: Public Consultaton zone to CFZ community facility zone to facilitate Consultation: development of the Common Ground housing model. 13 September - • Common Ground is a housing model that accommodates 1 November 2019 people who are homeless or at risk of homelessness, as well as low-income tenants. Supportive housing is Cleared as complete and accurate: 16/10/2019 Cleared by: Executive Director Ext: 76842 Contact Officer name: Sonya Moser Ext: 72326 Cleared for release Yes Return to Index Information Officer name: Carolyn O’Neill

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Interim Effect: No prohibited in the commercial CZ6 zone and community housing is currently not defined in the Territory Plan. • A minimum of 50% of the total dwellings will be for supportive housing. The remaining dwellings (up to a maximum of 50%) can be for community housing comprising affordable rental that will be managed by a community housing provider. • The draft was released for public consultation on 12 September 2019, along with the commencement of pre- development assessment consultation. Draft Variation 368 Talking points: • It is anticipated the Draft Variation 368 will be placed on City and Gateway South public consultation in coming weeks. The Draft Stage: Being prepared for Variation: public consultation o implements components of the City and Gateway Urban Design Framework for areas along Northbourne Avenue between Antill Street and Barry Drive

o incorporates some provisions from Amendment 91 to the National Capital Plan, as well as the recently released Amendment 93

o replaces the existing Northbourne Avenue precinct code and the Inner North precinct code with a proposed Northbourne Avenue Corridor precinct code

o includes minor amendments to Dickson, Lyneham, O’Connor, Braddon, Turner and City precinct codes to reflect the replacement of the Northbourne Avenue and Inner North precinct codes.

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Portfolio: Planning & Land Management ISSUE: CZ6 and PRZ2 Policy Review Talking points: • EPSDD is finalising a review of the PRZ2 – Restricted Access Recreation and CZ6 – Leisure and Accommodation zoned land. • The review has looked at the process the Government uses to assess proposals to rezone land in PRZ2 and CZ6 zones, and examine the implications of the incremental loss of these zones. Consideration is being given to a policy position on the rezoning of PRZ2 and CZ6 zones, as they are under particular pressure for rezoning. • By considering the PRZ2 and CZ6 blocks holistically, the review can define the parameters that the Government may use to assess whether a change in the use of a site is appropriate. • This will make it clear to proponents where a Territory Plan variation may or may not be supported, and explain to the community why a variation may be considered. • Proponents were advised of the review and that requests to rezone PRZ2 and CZ6 land, or allow additional uses on it, would be put on hold until the review is completed and a policy position developed. Government proposals on PRZ2 and CZ6 land that are consistent with existing policies are still being progressed.

Cleared as complete and accurate: 13/10/2019 Cleared by: Executive Group Manager Ext:50204 Contact Officer name: Alix Kaucz Ext:50864 Cleared for release Yes Return to Index Information Officer name: Carolyn O’Neill

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Portfolio: Planning and Land Management ISSUE: 83/65 BELCONNEN – KFC BELCONNEN Talking points: Block 83 Section 65 Belconnen – DA201630298 and DA201833271 • The Supreme Court has heard this matter and has handed down a decision. • I welcome the decision of the Supreme Court in this matter. • I note that the planning and land authority has been successful in this appeal and the Supreme Court decision confirms the original decision of the authority on the specific legal issue that was considered. • As the Court has not yet issued formal orders in relation to this matter, and the respondent, Emu Bank Pty Ltd, has the potential to seek an appeal of this decision, I will not be making any further comments at this time. • Key Information

• A development application was initially lodged with the planning and land authority for the construction of a KFC outlet (DA201630298). • The authority refused the DA. KFC then sought review of the authority’s decision with the Tribunal. • The Tribunal overturned the authority’s decision and approved the DA, but directed KFC to lodge a further DA to vary the Crown lease to permit a take away food shop limited to a maximum of 250 square metres (DA201833271). • The further DA was lodged and conditionally approved on 1 May 2018. • This DA attracted 158 representations, mostly in opposition to the proposed lease variation. The approval took effect on 2 June 2018. • The separate but related DA201630298 for the construction of the KFC outlet was heard in the Supreme Court on 19 November 2018. The Court has handed down its decision confirming the Authority’s original decision. Background Information

• This premises is a vacant block on the corner of Emu Bank and Cohen Street, Belconnen. It is adjacent to the Belconnen Skate Park and bus only intersection into Cohen Street Bus Station. It is within CZ6 – Leisure and Accommodation zone. It contains a large sewer trunk easement on the western boundary.

Cleared as complete and accurate: 11/10/2019 Cleared by: Executive Director Ext: 76804 Contact Officer name: Jonathan Teasdale Ext: 70316 Cleared for release Yes Return to Index Information Officer name: George Cilliers

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• The Tribunal overturned the authority’s refusal decision of DA201630298 and conditionally approved the development. • The authority subsequently lodged an application with the Supreme Court seeking leave to lodge an appeal against the Tribunal’s decision. The basis of the appeal was a potential error of law made by the Tribunal.

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Portfolio: Planning and Land Management ISSUE: PRE-DA COMMUNITY CONSULTATION GUIDELINES REVIEW Talking points: • The Environment, Planning and Sustainable Development Directorate is undertaking a 12 month implementation review of the Pre-DA Community Consultation Guidelines. • The Guidelines were introduced by the Chief Planning Executive (CPE) in November 2018 and require proponents of significant developments to undertake minimum consultation prior to a development application being lodged. • The Guidelines require the proponent to provide documentation of the consultation undertaken when submitting their development application. • The review is currently being finalised and is limited to implementation issues, including whether the Guidelines capture appropriate development proposals and have been able to achieve their purpose of:

o Encouraging partnerships between industry and the community o Providing guidance to developers on minimum consultation requirements

o Ensuring the community is engaged at the earliest stage of the design process

o Providing certainty to the community on what to expect in consultations

o Achieving high quality design outcomes o Ensuring genuine consultation and engagement occurs. • The review included consultation that targeted members of the community and industry who have been involved in pre-DA consultations since the Guidelines’ inception. The consultation period closed on 29 April 2019 and the responses are being reviewed. • It is expected that EPSDD will finalise the review and provide a final report in 2019. The report will be publicly available.

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Portfolio: Planning and Land Management ISSUE: DEVELOPMENT APPLICATIONS – MAJOR AND CONTENTIOUS DAs Talking points: If asked about a DA under assessment • Community feedback is an important part of the planning process and public submissions are considered by the independent planning and land authority when assessing all proposals. • The development application is currently under assessment by the authority, and it would be inappropriate for me as Minister to comment on the specifics of the proposal. • I am confident that the authority will take concerns raised through public representations into account when they are assessing the proposal. If asked about a DA recently decided • The independent planning and land authority has assessed the proposed development against the Territory Plan and Planning and Development Act 2007 and made a decision on the development application. • I support the decision of the planning and land authority in relation to this DA. • The proponent, or a representor with third party appeal rights, may choose to lodge a reconsideration application with EPSDD or lodge an appeal through the ACT Civil and Administrative Tribunal (ACAT). • Any matter before ACAT is inappropriate for me as Minister to comment on other than stating publicly available information such as hearing dates. • Once the conditions of project approval have been met the developer can commence works.

Cleared as complete and accurate: 11/10/2019 Cleared by: Executive Director Ext: 76804 Contact Officer name: James Bennet Ext: 54877 Cleared for release Yes Return to Index Information Officer name: George Cilliers

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Block 1 Section 62 Proposal: Demolition of existing buildings, construction of new residential Narrabundah buildings between 2-6 storeys including 158 apartments and 19 townhouses, garages, basement carparking, landscaping, and associated DA 201936018 works. (Gowrie Court Application lodged: 10 September 2019 redevelopment) Notification: 23 September – 15 October 2019 Number of representations – currently under notification Decision due: 13 November 2019 Status: notification and entity referral underway. Block: 2 Section: 200 An amendment to the approved development application was refused on Belconnen 10 July 2019. Due to inconsistencies between the stated amendments in the application and changes shown on supporting plans, it was not Amendments to DA possible to assess the application in its current form. 201731563(N) & (O) A subsequent amendment (amendment N) was lodged on 19 July 2019 (Republic) and conditionally approved on 22 July 2019. The amendments include changes to internal configurations, car parking, landscaping and services. A new amendment application (amendment O) has been submitted seeking amendments to external materials, balcony sizes, basement parking layouts, bus stop location and landscape elements. This application has passed completeness and is being publicly notified until 22 October 2019. Block 13 Section 81 Proposal: Construction of a mixed-use building up to 28 storeys across Phillip three tower elements comprising 445 dwellings, 4 commercial tenancies at ground level, 4 levels of car parking including basement, signage, DA201935434 ancillary utilities and services, alterations to existing infrastructure, removal of trees, landscaping and associated works. This proposal was presented to the NCDRP, which made several recommendations for design changes. These were not incorporated as part of the lodged DA.

Application Lodged: 24 June 2019

Notification: 28 June 2019 – 19 July 2019. 36 representations received.

Decision Due: 26 August 2019

Status: Currently under assessment. Blocks 1 and 5 Proposal: Construction of a mixed use building up to 12 storeys high Section: 47 City comprising 212 commercial accommodation units, restaurant, office, multi-purpose rooms, 3 levels of basement car parking, landscaping and DA 201935713 associated works. Lease variation includes consolidation of blocks 1 and 5, adding 'commercial accommodation'. This proposal was presented to the NCDRP, which made recommendations for design changes, however the recommended height reduction was not undertaken prior to lodgement.

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Application Lodged: 27 June 2019 Notification: 3 July 2019 – 24 July 2019. 8 representations received. Decision Due: 29 August 2019 Status: Currently under assessment. Block 13 Section 8 Proposal: Industrial Development - Recycling Facility - Proposed works Fyshwick include concrete slab for the metal recovery system and two portable modular machines used for recycling recovery, 3m high perimeter fencing DA201935337 and associated works.

Application Lodged: 9 May 2019 Notification: 15 May 2019 – 14 June 2019. 37 representations received. Decision Due: 15 July 2019 Status: Currently under assessment Block 12 Section 45 Proposal: mixed use development - Demolition of existing on-grade car Belconnen parking and removal of trees. Construction of a 2 storey basement parking building with on grade parking above and a twelve (12) storey mixed-use DA 201935593 building comprising of 3 levels of basement parking, ground floor retail/commercial space and parking and eleven (11) levels of residential accommodation. Lease variation to amend purpose clause to include restaurant, drink establishment, and multi-unit housing limited to 121 dwellings.

Application Lodged: 12 June 2019 Notification: 19 June 2019 – 10 July 2019. 1 representation received. Decision Due: 14 August 2019 Status: Currently under assessment Block 4 Section 64 Proposal: Reconsideration of refused development application - Proposed Wright construction of a six storey building with 212 apartments, 2 levels of basement car parking and 32 two storey townhouses with attached DA201834679 garages, signage, landscaping and associated works. Reconsideration Application Lodged: 14 May 2019 Notification: 20 May 2019 – 11 June 2019. 3 representations received. Decision Due: 22 July 2019 Status: A decision to refuse the reconsideration application was made 16 August 2019. This decision is now under appeal at ACAT.

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Block 44 Section 6 Proposal: Construction of two new 9 storey mixed use commercial and Dickson residential developments comprising 143 dwellings, two levels of basement parking, landscaping and associated works. Changes to the DA 201733114 heritage building on the site to accommodate non retail commercial use is (“Soho” Cnr. also included in the proposal. Morphett Street and Application Lodged: 26 February 2019 Northbourne Avenue) Notification: 4 March 2019 – 26 March 2019. Nine representations were received.

Decision Due: 6 May 2019

Status: This application was approved with conditions on 18 October 2019.

Blocks 4 and 9 Proposal: Demolition of the existing commercial building, construction of Section 5 City a new sixteen storey commercial accommodation (5 star hotel) building, basement parking and associated works. Lease variation to increase the DA 201935219 maximum gross floor area (GFA), remove GFA restriction on retail shops, remove the maximum car parking provision, remove the requirement for the colonnade at ground floor level and vary the purpose clause to permit commercial accommodation use, community use, drink establishment, indoor entertainment facility, indoor recreation facility, non-retail commercial use, restaurant and shop. . This proposal was presented to the NCDRP prior to lodgement.

Application Lodged: 26 February 2019 Notification: 4 March 2019 – 26 March 2019. Number of representations: Two representations have been received. Decision Due: 6 May 2019 Status: This application was approved with conditions on 24 October 2019. Block 7 Section 62 Proposal: Initial application for a six storey development was refused on Curtin 15 February 2017. A reconsideration application proposed five storeys. DA201630437 – Application lodged: 31 July 2018 reconsideration Notification: Initial notification commenced 2 August 2018 but extended application (Curtin to six weeks until 11 September 2018. Shops) Number of representations: 216 representations received. Decision: The reconsideration application was approved with conditions on 7 December 2018. An application for a review was lodged however the applicant discontinued the proceedings. The proponent is currently in the process of complying with conditions imposed with the original decision, prior to commencing the development. It is understood that demolition works will commence shortly.

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Block 6 Section 1 Proposal: Construction of a mixed use development comprising four Dickson buildings to a maximum of 10 storeys over 3 levels of basement parking. The proposal includes two commercial buildings, 394 dwellings and DA 201835041 ground floor retail areas. A lease variation to include residential purposes, (Pavilion on remove basement prohibition clause and delete Gross Floor Area Northbourne) provision. Application Lodged: 21 December 2018 Notification: 9 January 2019 – 31 January 2019. Four representations were received. Decision Due: 28 February 2019 Status: Undergoing assessment. This proposal may be impacted by Amendment 93 to the National Capital Plan. Block 5 Section 1 Proposal: Lookout and non-potable water supply for firefighting purposes Tharwa at Tharwa Village. Concerns were raised that the proposal did not align with the approved Master Plan DA 201834840

Lookout and water Application Lodged: 30 November 2018 supply (TCCS) Notification: 9 January 2019 – 31 January 2019 (timeframe extended)

Number of representations: 4 representations received

Decision Due: 7 February 2019

Status: Undergoing assessment. A request for additional information was sent 24 January 2019. This information was received September 2019. The additional information required a revision to the Environmental Impact Statement, which was lodged on 24 October 2019.

Block 2 Section 52 Proposal: Construction of a residential development comprising Braddon 207 dwellings up to 7 storeys, and associated works. DA 201834104 Application Lodged: 16 August 2018 “Founders Lane ” – Notification: 24 August 2018 – 14 September 2018. Two representations Stage 3 received. Status: This application was approved with conditions on 22 October 2019. Block 2 Section 52 Proposal: Construction of a mixed use development comprising Braddon 254 dwellings up to 9 storeys and commercial tenancies. DA 201834985 Application Lodged: 11 January 2019 “Founders Lane ” – Notification: 21 January 2019 – 11 February 2019. No representations Stage 4 received.

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Status: A further information request sent 1 July 2019 has not been responded to. The application remains under assessment. Block: 19 Section: 33 Proposal: Construction of two buildings (8 storeys each) and two buildings (6 storeys each) containing mixed use commercial and residential Dickson development including retail/commercial space (shops including a deli DA 201733039 market and cafes/restaurants), a medical centre, 249 residential units, basement parking, landscaping and associated works. Application Lodged: 21 December 2017 Notification: 10 January 2018 – 15 February 2018 and 17 January 2019 – 7 February 2019. Number of representations: Five representations received on the original DA Two representations received on the amended proposal. Status: The application was conditionally approved 20 September 2019. It understood that this decision is subject to an ACAT appeal. Block 1 Section 38 Proposal: Construction of a mixed use development up to 8-storeys that Wright will include ground floor commercial tenancies including a 1,500m2 supermarket and 5 smaller retail shops, 158 units, basement parking, DA 201834814 driveway crossings, landscaping and associated works. Steve Irwin Ave, Application lodged: 13 November 2018 Gornall St, John Gorton Drive Notification: 16 November 2018 – 7 December 2018. 19 representations received. Decision: The application was refused 2 August 2019 due to a number of planning and design issues.

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Block 11 Section 8 Proposal: Application for industrial development and use – construction Fyshwick of a new driveway and hardstand for road freight handling and transport facility, landscaping, and associated works. Block 9 Section 8 Fyshwick Application lodged: 6 November 2018. DA201834656 Notification: The original notification period was 12 November 2018 to 30 November 2018. However, an error was identified in describing the Construction of a location of the site and therefore this application has been renotified. The driveway and new notification period was 22 November 2018 to 12 December 2018. hardstand for road freight handling and Number of representations: 21 representations received transport operations Status: The application was conditionally approved on 5 June 2019. (DA201834060 is also a current application for a Hardstand Structure that is not being actively progressed. It has been superseded by DA201834656.) Block 11 Section 47 Proposal: Application for construction and use of a rail freight terminal Fyshwick (on block 11 section 47) and freight transport facility (all blocks), as well as access driveways and associated works. Blocks 9 & 11 Section 8 Fyshwick DA Lodged: 30 January 2019 Notification: 11 March 2019 – 2 April 2019. The original notification period was 7 March 2019 to 28 March 2019. However, an administrative DA201835108 error was identified early in the notification process and therefore this Rail Freight Terminal application was renotified. The proposed application is for railway use (in and use of road the rail corridor) that is to be used for general freight activity and freight handling and associated road freight transport facility. As the combined works traverses transport operations into the industrial zone, which prohibits rail use, the authority duly considered the application prior to notification. The Inner South Community Council, and two other community members, wrote to the authority requesting an extension to the notification period. The authority did not grant this extension as to do so would have extended the notification period beyond the statutory due date for a decision. Number of representations: 59 representations received Status: The DA was conditionally approved on 5 June 2019. DA201834059 is also a current application for a Rail Freight Terminal that is not being actively progressed. It has been superseded by DA201835108. Block 2 Section 64 Proposal: 29 dwellings consisting of apartments, townhouses, basement Wright car parking and associated works. DA 201935793 Application lodged: 4 July 2019. Notification: 11 July 2019 – 31 July 2019. Number of representations: Three.

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Status: Following a previous refusal, the proposal was redesigned and lodged as a new DA. This was approved with conditions on 20 August 2019. Block 5 Section 346 Proposal: Extension of existing (Woolworths) supermarket to a total area Kambah of 3,475m², including a liquor store of 200m², and adding 8 new speciality shops comprising 853m² and an extension of 555m² (level 1) for offices, DA 201834203 non-retail commercial and health facility. Car parking, landscaping and Kambah Group offsite works. Centre extensions Application lodged: 5 October 2018 Notification: 12 October 2018 – 2 November 2018. Six representations received. An S141 amendment was notified 20 May 2019 - 12 June 2019, which received three representations. Decision due: 16 July 2019 Status: Remains under assessment. Block 20 Section 16 Proposal - Reconsideration of refusal to approve a variation to the Crown O’Malley lease to permit diplomatic residence and/or chancellery. Original DA 201834682 - application refused on 21 December 2018. Reconsideration Reconsideration lodged: 5 March 2019 UAE Embassy (occupant only, not Representations: 4 were received on the reconsideration application; 9 on owner) the original application. Decision Due: 4 April 2019 Status: The original decision to refuse the application was confirmed on 4 April 2019. An application for appeal of the refusal was made to ACAT on 3 May 2019. The directions hearing was held on 28 May 2019. The matter has been listed for hearing on 19 and 20 August 2019. Given the passing of the lessee, the ACT Government Solicitors Office has written to the deceased lessee’s solicitor inviting them to discontinue the proceedings or otherwise confirm what their position is.

Request for relief from Crown lease provisions: On 19 February 2019 a request for relief from compliance with the Crown lease provisions for this site was submitted to the planning and land authority pursuant to section 269 of the Planning and Development Act 2007. This request was refused by the planning and land authority on 30 April 2019.

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Blocks 7 & 8 Section Proposal: Lease variation to change the definition of the use of store in 66 Deakin the lease to the current Territory Plan definition and increase the maximum permitted gross floor area of all buildings on the site to 20,500 DA 201833473 square metres. Application lodged: 16 April 2018 Notification: 27 April 2018 to 25 May 2018 Number of representations: 205 representations were received within time and 2 outside of the notification period. Decision due date: 20 June 2018 Status: DA refused on 17 April 2019. EPSDD has agreed to an extension until 30 November 2019 for the applicant to undertake an ecological study during spring prior to lodging an application for reconsideration of the decision. Potential Media: There has been media interest in this matter, including an article on the RiotACT website on 24 April 2019 about the decision to refuse the DA. Blocks 2 & 3 Section Proposal: The application is for the development of the central area of the 26 Red Hill Red Hill Public Housing Precinct. The two applications include a total of 136 apartments in buildings up to 4 storeys over several blocks. Extensive DA 201936030 community consultation has been undertaken for this redevelopment, both prior to the demolition of the previous public housing development Blocks 5 & 6 Section and during the development of the current proposal. 60 Red Hill Application lodged: 26 September 2019 DA 201936027 Notification: 1 October 2019 – 31 October 2019. Number of representations: 3 representations have been received to date. Decision due date: 29 November 2019. Status: The application is under assessment. Information relating to deconcessional lease development applications is contained in QTB #18: Leasing - summary of major/contentious leasing issues

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Portfolio: Planning and Land Management ISSUE: DEVELOPMENT APPLICATIONS – MATTERS BEFORE THE TRIBUNAL Talking points: If asked about a DA before the courts or ACAT • As this matter is currently before the courts / ACAT, I am unable to make comment. • I am confident that the court / ACAT will give the matter due consideration when making its decision. If asked about a DA recently refused • The independent planning and land authority has assessed the proposed development against the Territory Plan and made a decision on the development application. • The proponent, or a representor with third party appeal rights, may choose to lodge an application for review through the ACAT.

Key Information

• Some decisions about development applications (DAs) can be reviewed by the ACT Civil and Administrative Tribunal in terms of the merits of the decision. • DA decisions can also be subjected to judicial review in the ACT Supreme Court. • Judicial review concerns the process by which a decision was made, rather than whether or not the correct and preferable decision was made.

Background Information

• Refer to the following two tables outlining Supreme Court action and Tribunal action:

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Supreme Court action

Supreme Court appeal Application for review of decision was lodged at the ACAT on 30 August 2017. (Appeal of Tribunal’s The DA decision refused a proposal for the construction of a restaurant and decision) food shop (KFC). SCA 23/2018 The applicant contends the authority took into account irrelevant considerations and failed to take into account relevant considerations. Block 83 Section 65 Belconnen The matter was heard between 21 November 2017 and 24 November 2017. On 14 December 2017 the Tribunal made an order setting aside the authority’s DA 201630298 refusal decision and conditionally approving the development. The Tribunal KFC Belconnen provided reasons for its decision on 20 April 2018. In May 2018 the authority lodged an application with the Supreme Court seeking leave to lodge an appeal against the decision of the Tribunal. The basis of the appeal was a potential error of law made by the Tribunal. The application was listed for hearing on 19 November 2018. The Court handed down its decision on 4 October 2019. The Court granted leave to hear the appeal, and then found in favour of the authority. Supreme Court Application submitted on 3 July 2019 for declaration and injunction against declaration and Australian Capital Territory (first defendant) and Gungahlin Golf Investments injunctive order Pty Ltd (second defendant). SC 306/2019 Relief claimed – Block 14 Section 86 1. A declaration that the second defendant, using or purporting to be able Nicholls to use, Block 14 Section 86 Nicholls for any purpose other than an outdoor recreation facility that must consist a golf course with grassed greens and a minimum of 18 holes that may include practice of fairways and putting greens would be contrary to the scheme of development constituted by the Harcourt Hill Estate 2. An order restraining the second defendant from using asserting an entitlement to use, announcing intention to use or seeking permission to use the Block 14 Section 86 Nicholls for any purpose other than an outdoor recreation facility that must consist a golf course with grassed greens and a minimum of 18 holes that may include practice of fairways and putting greens. 3. Further, or in the alternative to Order 1, a declaration that execution by the Executive of a variation of the Crown lease entered in Register Book Vol 2157 Fol 38 in order to permit the use of Block 14 Section 86 Division of Nicholls and Block 11 Section 88 Division of Nicholls for a purpose other than an outdoor recreation facility that must consist of a golf course with grassed greens and a minimum of eighteen (18) holes that may include practice of fairways and putting greens would derogate from the grant by the Executive to the plaintiff of the Crown lease entered in Register Book Vol 1601 Fol 43 over Block 34 Section 123 Nicholls. 4. An order restraining the first defendant from executing a variation of the Crown lease entered in Register Book 2157 Fol 38 so as to permit Cleared as complete and accurate: 11/10/2019 Cleared by: Executive Director Ext: 76804 Contact Officer name: Jonathan Teasdale Ext: 70316 Cleared for release Yes Return to Index Information Officer name: George Cilliers

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the use of Block 14 Section 86 Division of Nicholls and Block 11 Section 88 Division of Nicholls for a purpose other than an outdoor recreation facility that must consist of a golf course with grassed greens and a minimum of eighteen (18) holes that may include practice of fairways and putting greens. 5. Such other declarations or orders as the court considers appropriate. 6. Costs. A directions hearing has been listed for 13 September 2019. We have instructed GSO to strike out the application, on the basis the application is largely vexatious and without merit. The lessee is also expected to seek an order from the Court to strike out the application.

Tribunal action

ACAT Review Application for review lodged by third party, namely the North Canberra Community Council. AT 109/2019 This merit track DA was approved on 16 November 2019 for the construction Block 1 Section 12 of a multi-unit development comprising 5 buildings up to 25m high, 2 levels of Dickson basement and removal of regulated trees, known as SOHO. 61 Karuah Street The applicant of the review claims the development proposal will result in DA 201733065 significant traffic impact on Dooring Street and Wakefield Avenue and that the traffic analysis supplied with the DA is incorrect. Mediation was held 17 January 2019 but was not successful. The matter was listed for hearing between 13 March 2019 and 15 March 2019, and an additional day on 20 March 2019. The Tribunal has reserved its decision. ACAT Review This application for review has been lodged by an adjoining Lessee as a third party. The application raises Territory Plan compliance matters including AT 8/2019 & AT 9/2019 overshadowing, driveway matters and consistency of information. Block 3 Section 46 A separate application for review has been lodged with the Tribunal also by a Turner third party. DA 201833361 The DA approved demolition and construction of 3 new two-storey dwellings with basement car parking, subject to conditions. Mediation was not successful on 14 March 2019. A hearing occurred between 30 April 2019 and 1 May 2019. The Tribunal has reserved its decision. ACAT Review This is an application by the former owner of the land, namely Chung Yi Developments Pty Limited, for compensation arising from the Territory’s AT 15/2019 compulsory acquisition of the land to develop Dickson Bus Interchange. Block 4 Section 33 The Territory did not make a decision in relation to the compensation Dickson quantum by the required date, so the applicant brought proceedings in the Compulsory acquisition ACAT. of land – compensation claim

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The matter relates squarely to the amount of compensation properly payable by the Territory to the applicant as a consequence of the compulsory acquisition of the land. While TCCS is instructing GSO in this matter, EPSDD are required to provide input in relation to planning matters. Mediation was held on 6 June 2019. Officers from EPSDD and TCCS attended a mediation on 6 June 2019 in relation to this matter. The matter is listed for hearing between 9 and 17 October 2019. ACAT Review An application for review was lodged on 3 May 2019. This is a first party review. The development application proposed a variation to the Crown lease AT 34/2019 to permit a diplomatic residence and/or chancellery. The DA was refused on Block 20 Section 16 21 December 2018. A reconsideration of the decision confirmed the refusal O’Malley on 4 April 2019. The directions hearing was listed on 28 May 2019. The matter Refusal of was originally listed for hearing on 19 and 20 August 2019, but has been adjourned because the lessee died. The parties are currently considering the DA 201834682 implications of the lessee’s death on the ACAT proceedings and related Supreme Court proceedings. Final directions hearing is set for 18 November 2019, and the hearing dates are set for 28 and 29 November 2019. The premises is currently occupied by the United Arab Emirates Embassy. Given the passing of the lessee, we have instructed GSO to write to the deceased lessee’s solicitor inviting them to discontinue the proceedings or otherwise confirm what their position is. ACAT Review An application for review was lodged on 3 May 2019 as a third party review. DA 201833542 was initially refused. The DA was subsequently approved on AT 36/2019 2 April 2019 following an application for reconsideration. The reconsidered DA Block 4 Section 205 was approved for the construction of a dual occupancy on a former Mr Fluffy Kambah block. The application for review cites inconsistencies of the development description and notification. A directions hearing was held on 3 June 2019 with ACAT ordering the DA to be renotified. The applicant to the DA did not attend the directions hearing. The matter was heard on 1 August 2019 and the decision has been reserved. ACAT Review This application for review is in relation to land rent payout for Block 4 Section 18 Mitchell. AT 42/2019 The applicant of the appeal disagrees with the valuation provided by ACTVO in Block 4 Section 18 support of the planning and land authority’s determination of the land rent Mitchell payout amount.

On 16 September the Tribunal handed down consent orders.

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ACAT Review Application for review lodged by DA applicant. AT 43/2019 This matter does not relate to the DA as such, but rather the lease variation charge that was determined by the authority by way of redetermination Block 5 Section 30 under the Planning and Development Act 2007. Braddon The DA applicant does not agree with the LVC redetermination. Raiders Football Club The Commissioner for Revenue, being the statutory decision-maker, will

manage this ACAT matter, with support from the authority when required. The matter is listed for hearing between 21 October 2019 and 24 October 2019. ACAT Review Application for review lodged by DA applicant. AT 73/2019 This matter does not relate to the DA as such, but rather the lease variation charge that was determined by the authority by way of redetermination Block 4 Section 224 under the Planning and Development Act 2007. Gungahlin The DA applicant does not agree with the LVC redetermination. The Commissioner for Revenue, being the statutory decision-maker, will manage this ACAT matter, with support from the authority when required. The matter will be listed for hearing in due course. ACAT Review Application for review lodged by third party. AT 76/2019 The DA was approved for an upgrade to Dudley Street (roundabout) and access road, landscaping and associated works. Blocks 1 Section 127 Yarralumla The matter had a directions hearing on 27 September 2019 and is listed for mediation on 23 October 2019. Impact Track ACAT Review Application for review lodged by DA applicant. AT 75/2019 The DA was refused for a variation to the Crown lease for Block 4 Section 39 Coombs to permit a maximum of 123 dwellings; and for the proposed Blocks 4 Section 39 construction of three buildings (five, six and seven storeys) containing 123 Coombs residential units, two levels basement car parking, landscaping and associated DA201834811 works. The matter is listed for a directions hearing on 11 October 2019. ACAT Review Application for review lodged by DA applicant. AT 81/2019 The DA was refused for the proposed construction of a dwelling, in addition to the existing dwelling (to form dual occupancy), carports, landscaping and Blocks 3 Section 4 Page associated works. DA201835175 The matter is listed for a directions hearing on 14 October 2019.

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ACAT Review Application for review lodged by DA applicant. AT 84/2019 The DA was refused for the proposed construction of illuminated signage and associated works. Blocks 9 Section 56 City The matter is listed for a directions hearing on 14 October 2019. DA201834411

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Portfolio: Planning and Land Management ISSUE: DEVELOPMENT APPLICATIONS – IMPACT ASSESSMENT – SUMMARY OF UPCOMING/ SENSITIVE/MAJOR EIS

Talking points: If asked about an EIS under assessment • The EIS is currently under assessment by the independent planning and land authority. • I am confident that the authority will take concerns raised through public representations into account when they are assessing the proposal. • Community feedback is an important part of the planning process and public submissions are considered by the authority when assessing all proposals. If asked about an upcoming EIS • The independent planning and land authority will assess the EIS. It will be subject to public consultation as required by the Planning and Development Act 2007. • Members of the community are encouraged to provide comments on the EIS during the public consultation period.

Key Information

• An Environmental Impact Statement (EIS) process is underway for a materials recovery facility in Fyshwick, with Capital Recycling Solutions as the proponent. A separate QTB on the Fyshwick Materials Recovery Facility EIS has been prepared (Immediate Issues J). • An EIS process has also recently commenced for an integrated resource recovery facility proposed by Hi-Quality Pty Ltd in Fyshwick. A separate QTB on the Hi-Quality proposal has been prepared (Immediate Issues K).

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Background Information

Fyshwick Materials Proposal: to construct a materials recovery facility at Blocks 9 and 11 Section 8 Recovery Facility Fyshwick. The proposal aims to divert waste from Mugga Lane landfill to be sorted, Environmental Impact separated and prepared for transfer at the Fyshwick site, processing more than Statement 300,000 tonnes of waste per year. Blocks 9 and 11 Application Lodged: 4 December 2017 Section 8 Fyshwick Scoping document issued: 15 January 2018 (available on the ACT Legislation Register and EPSDD website) Notification: 23 April 2018 to 27 June 2018 (extended 25 working days above the minimum statutory requirement to allow additional time to review the documentation). Number of representations: 464 representations were received. Revised application Lodged: 12 November 2018 Status: Public consultation closed on 27 June 2018. All matters raised by the authority, entities and public submissions on the draft EIS must be addressed by the proponent in the revised EIS. The revised EIS was lodged with the authority on 12 November 2018. The revised EIS was referred to entities for advice and has been considered by the authority. On 21 December 2018, the authority sent a further information request in relation to issues raised in the initial scoping document and public submissions. The further information request was submitted on 11 April 2019. On 3 June 2019 a second further information request was made to clarify matters raised by the authority, Transport Planning (TCCS) and ACT NoWaste (TCCS). The authority held a meeting with the applicant on 20 June 2019 to discuss the response to the further information request. Further information was lodged on 20 August 2019. Once the authority is satisfied that the EIS addresses the requirements sufficiently an assessment report will be prepared and provided to you for consideration. Belconnen Trunk Proposal: to construct a new trunk sewer main and associated odour control units Sewer Augmentation in Latham and Melba to allow Icon Water to comply with its commitment to Environmental Impact contain all wastewater flows in a 1 in 10 year rainfall event. Statement and Application Lodged: The application for scoping document was formally lodged on concurrent 1 May 2018. Development Scoping document issued: 13 June 2018 application. Notification: 35 working days (3 June 2019 – 22 July 2019) Number of representations: 14 for the DA and 2 for the draft EIS Revised application submitted: TBC Status: The scoping document was issued on 13 June 2018 and was notified on the ACT Legislation Register on 25 June 2018 (NI2018-333). The applicant lodged a concurrent draft EIS and DA (DA201935509) on 16 May 2019. The public notification for the concurrent application closed on 22 July 2019. Representations and comments from entities and the authority were provided to the proponent on 5 August 2019. The proponent is currently addressing these matters and will be required to submit a revised EIS.

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Dudley Street Proposal: The upgrade of Dudley Street, construction of a roundabout at the upgrades and intersection of Dudley Street and construction of new access road to Canberra Canberra Brickworks Brickworks Precinct, pedestrian path, minor diversion of the existing pedestrian Precinct (CBP) Access path for Uriarra Track and other associated works. Road – Environmental The Canberra Brickworks Precinct does not form part of this application and will be Impact Statement assessed through a separate EIS. (EIS) s211 Exemption Application Lodged: Formally lodged on 7 September 2018. Notification: Tuesday, 18 September 2018 to Tuesday 9 October 2018 (15 business days). Number of representations: 5 representations were received during the public notification period of the S211 Exemption application and 4 for the DA. Revised application submitted: 26 October 2018 Status: The Commonwealth EPBC referral was approved on 27 February 2019. You granted the EIS exemption on 4 April 2019. An impact track DA was lodged on 13 May 2019. The application was referred to entities and was publicly notified until 18 June 2019. Four representations were received during the DA public notification period. The DA was approved subject to conditions on 30 July 2019. There has been recent media attention and a high level of community interest in the EIS exemption application. An application for review of a decision has been lodged in the ACT Civil and Administrative Tribunal (ACAT). The application for review claims the development will negatively impact on users of Dudley Street, and the safety and amenity of the forest reserve /opens space for recreational users. Mugga Quarry Proposal: An application for a scoping document was submitted for the expansion Expansion - of the Mugga Quarry. The proposal has also been determined as a controlled Environmental Impact action under the Commonwealth EPBC Act and is currently subject to a separate Statement (EIS) assessment by the Commonwealth based on preliminary documentation. The EIS scoping application was referred to the relevant entities, considered by the authority and on 19 October 2018 a scoping document was issued. A Notifiable Instrument (NI2018-646) was notified on the Legislation Register on 22 November 2018. Application Lodged: 7 September 2018. Scoping document issued: 19 October 2018 Notification: 17 January 2019 to 15 February 2019 – extension of Notification 15 February to 18 March 2019 Number of representations: 0 Status: On 25 September 2019 you advised the Authority that no further action was required on the EIS. The Commonwealth approved the proposal under the EPBC Act on 10 July 2019. A development application has been submitted to the Authority and is undergoing completeness checks. Integrated Resource Proposal: The project is a proposed multi-operational waste management hub that Recovery Facility - Hi- receives, processes and stores a number of waste streams including wood burning Quality - and asbestos containing material storage and transportation. Materials Environmental Impact Statement (EIS) - Block Cleared as complete and accurate: 11/10/2019 Cleared by: Executive Group Manager Ext: 76804 Contact Officer name: James Bennett Ext: 54877 Cleared for release Yes Return to Index Information Officer name: George Cilliers

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8, Section 28 Fyshwick transported to the site is anticipated to total approximately 1,000,000 tonnes per (6-14 Tennant Street) annum. EIS-201900001 A Caveat brief (19/06057) was prepared for your information. Application Lodged: 20 February 2019 Notification: TBC Number of representations: TBC Status: An application for an EIS scoping document was lodged on 20 February 2019. The authority has prepared the Scoping Document and it was notified on the Legislation Register on 4 April 2019. The Scoping Document has been sent to community groups to advise of the commencement of the EIS process for this project. The proposal was the subject of a Canberra Times article on 8 April 2019 and an enquiry from members of the public was made to EPSDD in relation to this project. Emergency Services Proposal: The proposed development is for an emergency services facility, Facility (including including helicopter landing pads. The development of the site will include a helicopter landing number of buildings to accommodate the offices and training facilities of the facility) - operations base, as well as other ancillary/supporting buildings and infrastructure Environmental Impact including storage facilities, hardstand areas for vehicle access/ manoeuvring and Statement (EIS) - Block car/truck/heavy machinery parking. The proposal also includes the establishment 45 Section 3 Hume of three helicopter landing pads that will service the airborne activities of the business. On 20 September 2018 you wrote to the applicant declaring that the development would be assessable in the impact track (18/25752) on the basis that the location and type of the proposal raises a number of potential impacts including aircraft operations and hazards, noise and impact on surrounding land uses. Application Lodged: 12 February 2019 Notification: TBC Number of representations: TBC Status: An application for an EIS scoping document was lodged on 12 February 2019. The application was referred to entities for advice on possible impacts to be addressed as part of the EIS process. The authority issued a scoping document and was notified on the Legislation Register on 28 March 2019. The progress of this proposal was the subject of a QTON asked by Alistair Coe MLA to the Chief Minister on 4 April 2019. Symonston Proposal: The Lessee of Block 5 Section 103 Symonston is seeking approval for Rural/Agricultural subdivision of the site into 8 parcels for small scale agriculture use. Subdivision – The site has an area of approximately 37ha and is adjacent to Hindmarsh Drive, Environmental Impact Mugga Lane and Narrabundah Lane. It is currently used as an agricultural property Statement (EIS) s211 and contains four (4) dwellings. At present the property has eight (8) access points Exemption – Block 5 from adjacent roads. The site also contains a number of mature remnant Section 103 eucalypts, a small area (approximately 3ha) of native grasslands and a small area Symonston (approximately 2ha) of box gum grassy woodland.

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DA201835065 This submission seeks an EIS exemption under s 211 of the Planning and Development Act 2007. Application Lodged: Submitted but not formally lodged Notification: TBC Number of representations: TBC

Status: An application for an EIS exemption was received on 12 December 2018. The application failed a number of completeness checks. The application passed completeness check on 24 October 2019. It will be notified and referred to entities once fees are paid. You recently received a letter from neighbours concerned about the application. A response has been provided for your consideration (19/17057). Resource Recovery Proposal: The project is a proposed waste recovery facility that will process and Facility – Flexible – recycle waste from street sweeping, stormwater maintenance and hydro Environmental Impact excavation (mud) activities. The site is expected to receive approximately 19,400 Statement – Block 11 tonnes of material per annum. Section 21 Hume Application Lodged: 19 February 2019 EIS201900010 Notification: TBC Number of representations: TBC

Status: An application for an EIS scoping document was lodged on 20 February 2019 and was referred to entities for advice. The authority issued a scoping document which was notified on the Legislation Register on 3 April 2019 (NI2019- 179). Queanbeyan Sewage Proposal: Queanbeyan Palerang Regional Council (QPRC) proposes an upgrade to Treatment Plant – the existing sewage treatment plant (STP) as the existing facility is deteriorating Environmental Impact from approximately 85 years of use and is currently operating above its capacity. Statement – Blocks 27 The proposed plant is to service existing and future Queanbeyan residents, up to and 2087 75,000 equivalent persons. Jerrabomberra Status: An application for a scoping document was formally lodged on 30 July 2019 EIS201900029 by QPRC. The application was referred to all relevant entities, with comments due on 22 August 2019. The scoping document was issued on 10 September 2019 and was notified on the ACT Legislation Register on 12 September 2019 (NI2019-592). John Gorton Drive Proposal: The project is for John Gorton Drive Stage 3C, the final segment of the Extension Stage 3C – road which will link the southern section 2A with the northern 3B. Stage 3C Environmental Impact consists of approximately 1.7km of dual carriageway arterial road, including a new Statement (EIS) s211 bridge crossing the Molonglo River (west of the existing Coppins Crossing Road). Exemption This submission seeks an EIS exemption under s 211 of the Planning and EIS201900037 Development Act 2007. Application Lodged: 4 October 2019 Status: An application for an EIS exemption was received on 5 August 2019. It will be publicly notified on 31 October 2019.

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Harman 132kV Proposal: The project is for installation of a new 3.6 km 132kV transmission line transmission line from the existing East Lake-Gilmore 132kV line connecting into a new substation at HMAS Harman. Environmental Impact Statement (EIS) Status: An application for an EIS scoping document was formally lodged on 14 August 2019. The application was referred to all relevant entities, with EIS201900038 comments due on 10 September 2019. The scoping document was issued on 25 September 2019 and was notified on the ACT Legislation Register on 26 September 2019. Fyshwick hydrogen Proposal: The project is to supplement the existing Compressed Natural Gas refuelling facility – Refuelling Facility with equipment for the generation, storage and delivery of Environmental 1,500L of hydrogen gas for hydrogen powered vehicles. Significance Opinion The facility will be the first of its kind in Australia and will be utilised by a new fleet (ESO) – Block 12 of ACT Government vehicles which will run on hydrogen alone. Section 30 Fyshwick Application lodged: 29 July 2019 ESO201900033 Notification: NA

Status: An application for an ESO was lodged on 29 July 2019 and was referred to entities for advice on 30 July 2019. The Authority granted an ESO with conditions on 6 September 2019. Deep Creek Proposal: The project is for the construction of the Deep Creek regional water Environmental Impact quality pond in Molonglo. Statement (EIS) Application Lodged: Submitted but not formally lodged EIS201900045 Status: An application for an EIS scoping document was received on 4 October 2019. It is currently undergoing completeness check. Canberra Brickworks Proposal: An application for a scoping document was submitted for the development of the Canberra Brickworks Precinct.

Application Submitted: 21 October 2019 Status: On 21 October 2019, the planning and land authority received an application for a scoping document. The application failed completeness check on 25 October 2019.

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Portfolio: Planning and Land Management ISSUE: LEASING – Summary of major/contentious leasing issues Talking points: Major/contentious leasing development application/s • A variation to a Crown lease can only be applied for through a development application. A development application for a lease variation is required to follow the same assessment process as a development application for other types of development. This includes public notification and referral to entities. • Lease variation development applications are not required to include site development. However, information showing that the site could be used consistently with the proposed changed lease may be required. Further information will be obtained if the initial information is insufficient. Concessional leases • Since the Planning and Development Act 2007 commenced in 2008, 30 applications have been lodged to vary the Crown lease to remove the concessional status. The concessional status of a lease can only be removed through a development application (DA). • Before a DA is lodged, the proposal is required to comply with the Pre DA Community Consultation Guidelines 2017. • Before assessment of a DA is commenced, the Minister for Plannning and Land Management is required to decide if it is in the public interest to consider the application. • Recently the Minister decided five applications were not to be in the public interest to assess removing the concessional status from the lease. This means that the development applications to remove the concessional status of lease must be refused. • There are no other deconcession applications currently lodged. However, there is a potential proposal for Croatia Deakin Soccer Club that has attracted public and media interest recently. • If a DA is approved, the lessee is required to pay the current market value to remove the concession and a ‘market value lease’ is granted. This does not provide any additional development rights to the lessee and does not change the purpose clause. • The DA to remove the concessional status can also include a variation to the lease and/or redevelopment plans. A Lease Variation Charge (LVC) is payable, on top of the payout amount, if the lease is being varied other than to remove the concessional status only. • If a lessee wants to add development rights but have not applied for it in the DA to remove the concessional status, an additional lease variation DA is required and a Lease Variation Charge (LVC) is payable. Cleared as complete and accurate: 11/10/2019 Cleared by: Executive Group Manager Ext: 76804 Contact Officer name: Jonathan Teasdale Ext: 70316 Cleared for release Yes Return to Index Information Officer name: George Cilliers

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Please note there is a separate QTB relating specifically to my decisions that it is not in the public interest to consider five applications to remove the concessional status from the Crown lease/units plan. “Immediate Issues - I. Recent decisions on lease deconcession applications” Block 7 and 8 Section 66 Proposal: Lease variation to increase permitted gross floor Deakin area from 500m2 to 20,500m2 and vary the definition of store DA 201833473 to the current Territory Plan definition which includes vehicles but excludes obsolete vehicles and machinery. No site development. Application lodged: 16 April 2018 Notification: 27 April 2018 to 25 May 2018 Number of Representations: 205 Decision: The application was refused on 17 April 2019 Status: The applicant has been granted an extension of time until 30 November 2019 to submit an application for reconsideration of the refusal to allow them to undertake an ecological study during spring prior to lodging a reconsideration application. Block 20 Section 16 Proposal - Reconsideration of refusal to approve a variation O’Malley the Crown lease to permit diplomatic residence and/or chancellery. Original application refused on 21 December DA201834682 2018. RECONSIDERATION/ Reconsideration lodged: 5 March 2019 ACAT Representations: 4 were received on the reconsideration application; 9 on the original application. Decision: The reconsideration application was refused on 4 April 2019 Status: The reconsideration decision has been appealed in the ACAT and is awaiting hearing. Given the passing of the lessee, the ACT Government Solicitors Office will write to the deceased lessee’s solicitor inviting them to discontinue the proceedings or otherwise confirm what their position is. Final directions hearing is set for 18 November 2019, and the hearing dates are set for 28 and 29 November 2019. This matter is also under appeal to the ACAT and information appears in QTB Planning and Land Management 15. Development Applications (DA) - Matters before the Tribunal/Court.

Cleared as complete and accurate: 11/10/2019 Cleared by: Executive Group Manager Ext: 76804 Contact Officer name: Jonathan Teasdale Ext: 70316 Cleared for release Yes Return to Index Information Officer name: George Cilliers

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Block 16 Section 7 Proposal: remove concessional status of Crown lease Kambah Application lodged: no development proposal submitted to Murrumbidgee Country date. Club Block 1 Section 56 Proposal: remove concessional status from Crown lease. Red Hill Application lodged: no development proposal has been Federal Golf Club accepted for lodgement to date. Block 11 Section 12 Proposal: Purdon Planning on behalf of the Deakin Croatia Deakin Soccer Club Ltd has commenced pre-DA Community Consultation for a proposal to remove the concessional status Croatia Deakin Soccer from the Crown lease. The expected closing date for pre- Club lodgement community consultation was 1 October 2019. The information on the Purdon Planning webpage for the project is that the proposal is to allow for an independently operated restaurant to tenant part of the current building. The proposal will need to have complied with the Pre-DA Community Consultaton Guidelines 2017 prior to its acceptance for lodgement as a development application. Potential media: This has attracted significant media attention during October 2019. It is likely to continue to attract media attention and may be subject of correspondence to the Minister. Application lodged: no development proposal has been submitted as at close of business 4 November 2019. Units 5 to 11, Block 67 Proposal: remove the concessional status of units 5 to 11 of Section 35 Deakin the units plan to allow for alternative tenants in those units. 201731633 Application lodged: 19 December 2018 National Surveyors Notification: 1 February 2019 to 21 February 2019 House Number of Representations: nil Key information: A statement of reasons regarding the Minister’s decision under section 261, that the removal of the concession from the lease is not in the public interest, was signed and provided to the applicant on 21 October 2019. The Minister decided it is not in the public interest to consider the application for the following reasons: • There is a lack of community land in the area available for community and not for profit groups. It is important to maintain what is available and encourage community Cleared as complete and accurate: 11/10/2019 Cleared by: Executive Group Manager Ext: 76804 Contact Officer name: Jonathan Teasdale Ext: 70316 Cleared for release Yes Return to Index Information Officer name: George Cilliers

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groups. This will ensure that community uses are scattered throughout the area and available for use by all members of the community.

• In some instances the development intentions of the lessee do not require the lease to have the concession removed. It is important to preserve community land to ensure theses services remain within reach for the use of the wider community.

• It is important for the Government to continue to monitor the community uses in the area to ensure the continued operation of community uses where they can be accessed by the community.

• In making their decision, the Minister gave careful consideration to all public representations, as well as the social impact assessment provided as part of the DA.

• The potential disadvantages to the community should the lease be varied to include other uses and any possible redevelopment of the site.

Specifically:

Offices available for the use of not for profit community organisations are diminishing and must be preserved. Potential media: Due to the public and media interest in DAs to remove the concessional status from leases, there is potential for future media interest.

Decision: application was refused on 22 October 2019. In accordance with section 162(3) of the Planning and Development Act 2007, a decision refusing the application to remove the concessional status was made by the planning and land authority on 22 October 2019. Block 14 Section 42 Proposal: remove the concessional status, vary the Crown Campbell lease to permit supportive housing, and design and siting of 8 supportive housing dwellings. 201833326 Application lodged: 27 March 2018 Anglican Church Bishop’s residence Original Notification: 11 April 2018 to 3 May 2018 2nd Notification: 8 March 2019 to 30 April 2019

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Number of Representations: 34 representations from 25 representors were received during the notification periods. Key information: A statement of reasons regarding the Minister’s decision under section 261, that the removal of the concession from the lease is not in the public interest, was signed and provided to the applicant on 21 October 2019. The Minister has determined it is not in the public interest to consider the application for the following reasons: • There is a lack of community land in the area available for community and not for profit groups. It is important to maintain what is available and encourage community groups. This will ensure that community uses are scattered throughout the area and available for use by all members of the community.

• It is important for the Government to continue to monitor the community uses in the area to ensure the continued operation of community uses where they can be accessed by the community.

• In making their decision, the Minister gave careful consideration to all public representations, as well as the social impact assessment provided as part of the DA.

• The potential disadvantages to the community should the lease be varied to include other uses and any possible redevelopment of the site.

Specifically:

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Potential media: Due to the continued public and media interest in this proposal, there is potential for future media interest. Decision: application refused 28 October 2019. In accordance with section 162(3) of the Planning and Development Act 2007, a decision refusing the part of the application seeking to remove the concessional status was included with the decision by the planning and land authority to refuse the remainder of the DA on 28 October 2019. Block 1 Section 30 Proposal: remove the concessional status, vary the Crown Deakin lease to permit supportive housing, and design and siting of 8 supportive housing dwellings. 201833330 : 27 March 2018 St Luke’s Church Application lodged Initial notification: 11 April 2018 to 3 May 2018 2nd notification: 5 November to 23 November 2018 Number of Representations: There were 7 representations from 5 representors submitted within the notification periods. Key information: A statement of reasons regarding the Minister’s decision under section 261, that the removal of the concession from the lease is not in the public interest, was signed and provided to the applicant on 21 October 2019. The Minister has determined it is not in the public interest to consider the application for the following reasons: • There is a lack of community land in the area available for community and not for profit groups. It is important to maintain what is available and encourage community groups. This will ensure that community uses are scattered throughout the area and available for use by all members of the community.

• It is important for the Government to continue to monitor the community uses in the area to ensure the continued operation of community uses where they can be accessed by the community.

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• In making their decision, the Minister gave careful consideration to all public representations, as well as the social impact assessment provided as part of the DA.

• The potential disadvantages to the community should the lease be varied to include other uses and any possible redevelopment of the site.

Specifically:

Development intentions for supportive housing have been proposed. It is not a requirement for the removal of the concession to realise this use. It would be advantageous for the government to continue to monitor the use of the site as supportive housing as the definition of this use requires the site to be operated by a territory approved organisation. Potential media: Due to the continued public and media interest in this proposal, there is potential for future media interest. Decision: application refused 28 October 2019. In accordance with section 162(3) of the Planning and Development Act 2007, a decision refusing the part of the application seeking to remove the concessional status was included with the decision by the planning and land authority to refuse the remainder of the DA on 28 October 2019. Block 25 Section 6 Proposal: remove the concessional status from Crown lease. Barton No other changes to lease or developmet of premises. 201732583 Application lodged: 21 June 2018 Canberra Services Club Initial notification: 2 July 2018 to 23 July 2018 2nd notification: 26 November 2018 to 14 December 2018 Number of Representations: 5 representations from 3 representors were received during the notification periods. 4 representations from community organisations were received outside of the notification periods. Key information: A statement of reasons regarding the Minister’s decision under section 261, that the removal of the concession from the lease is not in the public interest, was signed and provided to the applicant on 21 October 2019. The Minister decided it is not in the public interest to consider the application for the following reasons: Cleared as complete and accurate: 11/10/2019 Cleared by: Executive Group Manager Ext: 76804 Contact Officer name: Jonathan Teasdale Ext: 70316 Cleared for release Yes Return to Index Information Officer name: George Cilliers

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• There is a lack of community land in the area available for community and not for profit groups. It is important to maintain what is available and encourage community groups. This will ensure that community uses are scattered throughout the area and available for use by all members of the community.

• It is important for the Government to continue to monitor the community uses in the area to ensure the continued operation of community uses where they can be accessed by the community.

• In making their decision, the Minister gave careful consideration to all public representations, as well as the social impact assessment provided as part of the DA.

• The potential disadvantages to the community should the lease be varied to include other uses and any possible redevelopment of the site.

Specifically:

Land available for community purposes by community organisation is diminishing and it is important to preserve what is left for the future of the wider community. Potential media: Due to the public and media interest in this proposal, there is potential for future media interest.

Decision: application refused on 22 October 2019. In accordance with section 162(3) of the Planning and Development Act 2007, a decision refusing the application to remove the concessional status was made by the planning and land authority on 22 October 2019.

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Block 1 Section 15 Proposal: remove the concessional status from Crown lease. Griffith No other changes to lease or development of premises. 201732582 Application lodged: 6 March 2018 Canberra Services Club Initial notification: 16 March 2018 to 10 April 2018 2nd notification: 1 February 2019 to 21 February 2019 Number of representations: There are 12 representations from 8 representors submitted within the notification periods. 4 representations from community organisations were received outside of the notification periods. Key information: A statement of reasons regarding the Minister’s decision under section 261, that the removal of the concession from the lease is not in the public interest, was signed and provided to the applicant on 21 October 2019. The Minister decided it is not in the public interest to consider the application for the following reasons: • There is a lack of community land in the area available for community and not for profit groups. It is important to maintain what is available and encourage community groups. This will ensure that community uses are scattered throughout the area and available for use by all members of the community.

• It is important for the Government to continue to monitor the community uses in the area to ensure the continued operation of community uses where they can be accessed by the community.

• In making their decision, the Minister gave careful consideration to all public representations, as well as the social impact assessment provided as part of the DA.

• The potential disadvantages to the community should the lease be varied to include other uses and any possible redevelopment of the site.

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Specifically:

There is a potential detrimental impact to the Territory’s tourism focus. Should the concessional status be removed, the government’s significant investment in the Manuka oval precinct would be compromised. Possible noise, light and security issues would become apparent should the site be redeveloped. Retaining the concessional status of the Crown lease will support the continued function of Manuka Oval as a sporting and recreation facility. Potential media: Due to the public and media interest in this proposal, there is potential for future media interest.

Decision: application refused 22 October 2019 In accordance with section 162(3) of the Planning and Development Act 2007, a decision refusing the application to remove the concessional status was made by the planning and land authority on 22 October 2019.

STATISTICS for applications to remove the concessional status from a lease. Current applications (5): Associations • 6 of 11 units within one units plan in Deakin. National Surveyors House. I have decided the removal of the concessional status of the units plan is not in the public interest. The DA was refused on 22 October 2019. Clubs • Canberra Services Club in Barton (former Rugby Union Club). I have decided the removal of the concessional status of the units plan is not in the public interest. The DA was refused on 22 October 2019. • Canberra Services Club in Griffith (next to Manuka Oval). I have decided the removal of the concessional status of the units plan is not in the public interest. The DA was refused on 22 October 2019. Religious organisations • Anglican Church in Campbell (Archbishop’s residence). I have decided the removal of the concessional status of the units plan is not in the public interest. The decision for the development application will refuse the application to

Page 221 QUESTION TIME BRIEF

remove the concessional status from the lease. . The DA was refused on 28 October 2019. • Anglican Church in Deakin (St Luke’s church). I have decided the removal of the concessional status of the units plan is not in the public interest. The decision for the development application will refuse the application to remove the concessional status from the lease. . The DA was refused on 28 October 2019.

Applications received (30): Associations (4) • Australian Forest Products Association, (expired) • Australian Institute of International Affairs, (varied) • Council of Italo-Australian Organisations Inc, (expired) • The Australian Institute of Quantity Surveyors and others (to be refused) Clubs (20) • *ACT Tennis in Lyneham (x 2) * licenced or possibly • *ACT Hockey Club (x 3) licenced for the sale of • *ACT Southern NSW Rugby Union (Brumbies) in Griffith liquor 18 • *Canberra Labor Club in Stirling • *Hellenic Club of Canberra in the City • *Italo Australian Club in Forrest • *Magpies Sports Club in Holt • *Canberra Raiders Club in Braddon • *Canberra Raiders Sports Club in Holt • *Dickson Tradies Club (x2) • *Woden Tradies in Phillip • *Croatia Deakin Football Club Incorporated • *Serbian Cultural Club “St Sava” in Mawson • *Canberra Services Club (x2) (both to be refused) • *Ainslie Football and Social Club Religious organisations • Vietnamese Buddhists, (6) • Anglican Church, (x 3) (2 of which will be refused) • Roman Catholic Church

Page 222 QUESTION TIME BRIEF

• Serbian Cultural Club “St Sava” in Mawson (church site)

Deconcessions registered (19): Associations (1) • Australian Institute of Internal Affairs Clubs (16) • Ainslie Football and Social Club in Ainslie • ACT Tennis in Lyneham (x 2) • ACT Hockey Club leases (x 3) • ACT Southern NSW Rugby Union (Brumbies) in Griffith • Canberra Labor Club in Stirling • Hellenic Club of Canberra in the City • Italo Australian Club in Forrest • Magpies Sports Club in Holt • Canberra Raiders Club in Braddon • Canberra Raiders Sports Club in Holt • Dickson Tradies Club ( • Woden Tradies in Phillip • Croatia Deakin Football Club Incorporated Religious organisations • Anglican Church residence for clergy at Pearce (3) • Catholic Church in Curtin for convent and offices • Vietnamese Buddhists in Lyneham

Deconcession approvals expired (3)

Associations (2) • Block 68 Section 35 Deakin, the Australian Forest Products Association • Block 12 Section 19 Forrest. Council of Italo-Australian Organisations Incorporated - Clubs (1) • Block 28 Section 34 Dickson, Tradies Club (reapplied and varied) Religious organisations • none

Page 223 QUESTION TIME BRIEF

Cleared as complete and accurate: 09/10/2019 Cleared by: Executive Branch Manager Ext: 76842 Contact Officer name: Jennifer Finlay Ext: 55289 Cleared for release Yes Return to Index Information Officer name: Bethel Sendaba

Page 225 QUESTION TIME BRIEF

Portfolio/s: Housing and Suburban Development Planning and Land Management ISSUE: LAND AND PROPERTY TRENDS Talking points:

• Nationally, housing market conditions have steadied in recent months with noticeable rises in housing prices and auction clearance rates increasing further although volumes remain low. Reserve Bank’s August 2019 Monetary Policy Meeting Minutes.

• For Canberra, since late May 2019 the turnaround in the housing market conditions is evident with confidence improving and data supporting the improved sentiment. Monthly sales activity is increasing yet remains below the decade average. Auction clearance rates continuing to rise. Source: ore Logic September 2019 Market Report. December 2019 quarter ANZ/Property Council Survey • In August 2019, the number of residential building approvals continued to decline for the fifth consecutive month recording a fall of 27.7% through the month. • In August 2019, the median price of all residential properties in the ACT decreased to $559,650 a 5.9% fall through the month. The median house price decreased to $675,000 , a fall of 4.3%, while the median unit price increased to $480,000, a 6.7% increase through the month. • The ACT continues to have the tightest rental market of all Australian capital cities with the rental vacancy rate recorded at 1.4% for the June quarter 2019. Source: REIA Real Estate Market Facts June quarter 2019 • June 2019 quarter recorded 932 units completed on 17 development sites across the ACT. An estimated 23,615 units are in the planning and development pipeline comprised of: 7816 units under construction on 76 development sites and 15,799 units in planning on 132 development sites. • As at July 2019, Suburban Land Agency(SLA) hold an inventory of around 550 single residential blocks across four suburbs available to buy ‘over the counter’, with a median price of $420,000 and median block area of 540 square metres. An estimated 261 single residential blocks are available for sale in private sector estates in the ACT and region. The median price of land available in estates other than SLA inventory is $365,935, median land area is 521 square metres.

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Key Information General market sentiment (sources: December 2019 quarter ANZ/Property Council Survey, ABS 8731.0) • The December quarter 2019 results of the ANZ/Property Council confidence survey show property industry confidence in the ACT at its highest point in 18 months and close to historic highs. The survey highlighted an optimistic outlook for the Canberra property market backed up by CoreLogic /ABS data • Expectations were particularly high for forward work schedules, staffing levels, state economic growth, residential, office, retirement and hotel capital growth with Canberra the only jurisdiction to record positive retail expectations. Residential building approvals • Residential building approvals fell by 27.7% in August 2019 for the fifth consecutive month. • In through the year terms, the 73.1% fall in ACT building approvals is the sixth consecutive through the year decline and the largest decline of all jurisdictions. • A total of 4825 residential building approvals were recorded in the 12 months to August 2019 comprised of: 1213 approvals for detached houses,2485 approvals for units and 1127 approvals for semi-detached, row/ terrace and townhouses. (The 12-month period to (February 2019 remains the highest on record recording: 7201 total approvals: 1396 detached houses; 1397 townhouses; and 4408 units). House and unit prices (sources: ACT Treasury /Access Canberra data, ABS 5671.0) • The median price of all residential properties in the ACT decreased 5.9% to $559,650 in August 2019. • In August 2019, the median house price in the ACT fell 4.3% through the month to $675,000. Through the year the median house price decreased 3.6% and 28.6% over the past five years (August 2014. • In August 2019 the median unit price (apartment or townhouse) in the ACT was $480,000, a rise of 6.7% through the month. Through the year the median unit price has increased 12.1% and 17.4% over the past five-years (August 2014). Greenfield suburbs (source: Suburban Land Agency and Access Canberra data) • In the 6 months to the end of June 2019 the Suburban Land Agency settled 174 standard residential blocks (excluding public housing and land rent blocks). The median price of blocks settled was $455,000, and median block area of 482 square metres. The average price of blocks settled was $461,333. • In the 6 months to the end of June 2019 The Suburban Land Agency exchanged 32 standard residential blocks (excluding land rent and public housing). The median price of blocks exchanged was exchanged was $421,500, and median block area of 478 square metres. The average price of blocks exchanged was $421,937. • The Suburban land Agency hold an inventory of an estimated 885 dwelling sites available for sale over the counter. This accumulated inventory is land released and yet to be taken up by the market and is comprised of: an estimated 550 single residential blocks - Taylor, 400; Cleared as complete and accurate: 09/10/2019 Cleared by: Executive Branch Manager Ext: 76842 Contact Officer name: Jennifer Finlay Ext: 55289 Cleared for release Yes Return to Index Information Officer name: Bethel Sendaba

Page 227 QUESTION TIME BRIEF

Wright 47, Throsby, 84 and Coombs, 18. There are also 51 terrace sites available in Wright and 7 multi unit blocks (285 dwelling sites) available in Taylor. Rental prices (Source: ACT Treasury, ACT Residential Property Market, February 2019 /Real Estate Institute of Australia, Market Facts Report, June 2019 quarter) • The median weekly rent for a three-bedroom house in the ACT remained steady at $520 in the June 2019 quarter, but increased 4.0% over the previous year. • The median weekly rent for a two bedroom unit in the ACT decreased to $470, a fall of 1.1% over the June 2019 quarter and of 2.2% over the previous year. • The ACT continues to have the tightest rental market of all capital cities with the rental vacancy rate recorded at 1.4% in the June 2019 quarter. First Home Buyer (Source: REIA Housing Affordability Report June 2019 quarter/ original data – Housing Finance – July 2019 Macroeconomics Branch, CMTEDD)

• In the June 2019 quarter the number of first home buyer commitments increased to 408, an increase of 4.1% over the quarter but a decrease of 24.2% compared to the June 2018 quarter. • Over the June 2019 quarter, FHB’s in the ACT comprise 20.7% of the owner occupied market. The average loan for a FHB decreased to $330,731 a decrease of 4.8% over the quarter and a decrease of 1.4% compared to the same quarter in 2018. • In July 2019, there were 225 first home buyer (FHB) commitments in the ACT with a total value of $75.3 million. • The number of first home buyer commitments recorded a 56.3% increase in July 2019. This is likely due to the commencement of the ACT Home Buyer Concession Scheme on 1 July 2019. FHBs represented 17.2% of the total value of housing finance commitments in July 2019, 4.3% higher than its share in July 2018.

Page 228 QUESTION TIME BRIEF

Portfolio: Planning and Land Management ISSUE: STRATA REFORM PROJECT FOR MIXED USE DEVELOPMENTS Talking points: • The Strata Reform Project (the project) in the Environment, Planning and Sustainable Development Directorate (EPSDD) commenced in July 2016. It is now being promoted within the community as the “Managing Building Better” reforms. • The project looks at existing strata laws and policies, and how they can be amended to better support stakeholders, and in particular deal capably with mixed-use developments. Current laws are designed in large part for single-use residential or commercial developments. • Extensive consultation with stakeholder groups was undertaken in 2016-17 to identify key issues, followed by internal Government review. • The reforms are being progressed in two stages with high priority and more straighforward matters to proceed in stage one with potential legislation and related reforms to be progressed in 2019 and implemented in 2020. Legislation for relatively more complex issues is to be progressed in stage two through 2020-21. • In February 2019, EPSDD established a Strata Reform Consultative Group including key stakeholder industry and community groups. • EPSDD has held regular meetings with the Strata Reform Consultative Group to review draft legislative and administrative approaches to issues raised in earlier consultation. Key Information

• The Strata Reform Consultative Group has been tasked with reviewing issues and proposed solutions identified by the reform project. • Five meetings of the consultative group have now been held. The first meeting was on 18 February 2019 and chaired by the Director-General, EPSDD. The most recent meeting was on 9 September 2019. • Cabinet has given policy approval to prepare draft legislation on the stage 1 reforms,including agreement to consult with relevant stakeholders in preparing the draft Bill.

Cleared as complete and accurate: 16/10/2019 Cleared by: Executive Branch Manager Ext: 50030 Contact Officer name: David Dunstan Ext: 71716 Cleared for release Yes Return to Index Information Officer name: Bethel Sendaba

Page 229 QUESTION TIME BRIEF

• The Unit Titles Legislation Amendment Bill 2019 is currently being finalised in consultation with the consutlative group and the Property Law Committee of the ACT Law Society, with introduction of the bill to the Assembly scheduled for late 2019.

Background Information

• The Strata Reform Consultative Group includes representatives from the Owners Corporation Network, Strata Communities Australia, Law Society, Housing Industry Association, Planning Institute, Surveying and Spatial Sciences Institute, Real Estate Institute, Property Council, Tenants Union and Master Builders Association. • On 14 February 2019, the Attorney-General provided his approval for EPSDD to undertake changes to the Unit Titles (Management) Act 2011 and agreed to progressing the reforms as a joint Cabinet submission. • A joint media announcement was made on 12 August 2019 to promote the ”Managing Buildings Better” reforms to promote the first stage of changes to unit titles legislation being introduced by the end of 2019.

Page 231 ANNUAL REPORT HEARING BRIEF

Portfolio/s: Employment and Workplace Safety

ISSUE: LOOSE FILL ASBESTOS INSULATION ERADICATION SCHEME UPDATE Talking points: • There are 1,024 houses on the Affected Residential Premises Register (Register) and 17 impacted requiring demolition to facilitate the safe and efficient demolition of an affected property. • Scheme participation rates as at 31 October 2019 are: o Affected Properties: 996 (97%) o Eligible Impacted Properties: 15 (88%) • 975 (95%) affected and 6 (20%) impacted properties have been demolished as at 31 October 2019. • 975 (95%) affected properties have been removed from the Register. • 881 (88%) affected properties have been sold (exchanged). • 15 of the remaining 17 impacted properties are owned by the Territory and demolition planning is underway; 2 are not participating. • The Taskforce is now focussing on working with the Complex Properties and the Sales Program. Key Information

• The anticipated net cost of the Loose Fill Asbestsos Insulation Eradication Scheme (Scheme) to the ACT Government has fallen from the original estimate of $400 million to approximately $297 million as at 31 October 2019. • The improvement in the net cost is due primarily to demolition costs steadily reducing and market-wide increases in land values leading to improved sales revenue.

Cleared as complete and accurate: 04/11/2019 Cleared by: Executive Group Manager Ext: 58294 Contact Officer name: Lalanka Amarasiri Ext: 79175 Cleared for release Yes Return to Index Information Officer name: Bruce Fitzgerald

Page 234 ANNUAL REPORT HEARING BRIEF

Portfolio/s: Employment and Workplace Safety ISSUE: ASBESTOS MANAGEMENT PLANS Talking points: • By continuing to reside in an affected house, a homeowner is accepting the risk and the responsibility to manage the exposure to loose fill asbestos for people living in the house as well as for tradespeople, service providers and visitors to the house. • In accepting this risk, a homeowner is financially responsible for minimising any exposure – this includes the cost of obtaining an Asbestos Management Plan (AMP). • Homeowners experiencing financial hardship can approach the Asbestos Response Taskforce (Taskforce) to seek a partial pre-release of funds from their Relocation Assistance Grant (RAG), equal to the cost of obtaining an AMP for their affected property. That amount will be deducted from the final RAG package payment made to the homeowner upon vacation of the affected property. • The Taskforce remains available to assist remaining affected homeowners with provision of advice and information on financial and other supports available, including those choosing to manage their affected property privately. The Taskforce can be contacted on phone 13 22 81 or email to [email protected]. Key Information

• ACT Government’s position remains that houses affected by loose fill asbestos insulation should be vacated enabling their demolition, either through the Loose Fill Asbestos Insulation Eradication Scheme or privately. • Under the Dangerous Substances (General) Regulation 2004 (DS Regulation) homeowners who choose to remain resident in an affected property are required to have an Asbestos Management Plan (AMP) prepared and lodged with WorkSafe ACT.

Cleared as complete and accurate: 31/10/2019 Cleared by: Executive Group Manager Ext: Contact Officer name: Michelle O’Donnell Ext: 55591 Cleared for release Yes Return to Index Information Officer name: Bruce Fitzgerald

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• WorkSafe ACT has advised that, as at 31 October 2019, of the 38 remaining affected properties which are subject to AMP requirements:

o 30 are fully compliant; o 7 are partially compliant (an assessment has been done, but the works required by that assessment have not been completed); and

o 1 is not compliant (and has never been). • To date two remaining homeowners have requested financial assistance to enable an AMP to be carried out. One other remaining homeowner has enquired how the Taskforce can assist with financing an AMP to be carried out and what it means for them. Background Information – must be suitable for public disclosure

• WorkSafe ACT has issued improvement notices to four homeowners whom, as at the date of issue, had failed to meet their AMP obligations.

Page 236 ANNUAL REPORT HEARING BRIEF

Portfolio/s: Employment and Workplace Safety

ISSUE: ABESTOS NON-DISCLOSURE AGREEMENTS • The response to Question taken on Notice E19-375 provided on 10 July 2019 and the response to a Question taken on Notice during question time on 15 August 2019 indicated that no homeowners were required to sign non-disclosure agreements. • A search of Taskforce records undertaken at the time, failed to identify any signed non-disclosure agreements. Research, however, indicated that whilst some were issued with early First Right of Refusal (FROR) offers, the requirement to sign them was not pursued. These results were reflected in the responses provided. • As part of the Taskforce’s ongoing quality assurance of data migration, the Taskforce has since discovered that a small number of homeowners were asked to sign a ‘Confidentiality Deed’ when valuations were sought for First Right of Refusal offers: i) either before the formal FROR sales program commenced (as indicative offers) prior to Draft Variation 343 to the Territory Plan being finalised; or ii) in the early rounds of offers once the formal Sales Program commenced. • These offers were made to homeowners, often with challenging circumstances, as a way to support them and their participation in the Scheme. • These deeds essentially provide the same effect as a non-disclosure agreement but were not identified in the Taskforce’s original records search as they had been inconsistently named or referenced. • Taskforce records show that five Confidentiality Deeds were issued and only two of these were signed. • Records also indicate that no FROR offers were withheld due to a Confidentiality Deed having not been signed.

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• The standard operating procedure for provision of a FROR offer to a former homeowner does not include the requirement to sign a Confidentiality Deed. They were a ‘moment in time’ consideration, which is now well passed.

Key Information

• There was concern that having early valuations made publicly available could influence market sentiment and affect future sales before confidence in the demolition and remediation program was established. The Confidentiality Deeds were, at the time, considered a prudent step to managing this possible market reaction.

• It is important to note that a Confidentiality Deed did not limit or prohibit the homeowner from engaging in conversations about any other aspect of their home or the Loose Fill Asbestos Insulation Eradication Scheme, other than discussions pertaining to and the provision of the priority release of the land valuation of their affected property.

Background Information – must be suitable for public disclosure

• In mid – late 2015, when the pilot First Right of Refusal offers were made, there was considerable uncertainty about how the market would respond to remediated Mr Fluffy blocks, noting the first pilot demolitions took place in July 2015, and the demolition program formally commenced in September 2015.

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o 5 properties have been awarded to a contractor under package CP9 and planning for their demolition is under way: 2 of these are expected to occur in the December/January school holidays due to their close proximity to a primary school.

o 8 properties are in the DA process. o 1 property is being assessed for demolition planning or awaiting authorisation for a DA to be lodged;

o 5 properties are on hold due to either an association with another property not yet owned by the Territory or additional complexities; and

o 2 impacted properties are not participating. Background Information – must be suitable for public disclosure

• Nil.

Page 240 ANNUAL REPORT HEARING BRIEF

Portfolio/s: Employment and Workplace Safety

ISSUE: ERADICATION PATHWAYS FOR OWNERS OF REMAINING AFFECTED PROPERTIES Talking points: • The Taskforce implemented a range of activities designed to assist the owners of the affected properties that are still privately owned, as they explore pathways suited to their individual circumstances – both within the Scheme or privately. • The first of such activities, a Facilitated Group Information Session, was held on 27 March 2019. At this event attendees heard about the pathways followed by some former homeowners; discussed options that may be suitable - both within the Scheme and privately; and talked about any barriers they have to moving forward.

o This event was run by an independent qualified facilitator. o 22 participants from 14 households, attended the event. • On 16 May 2019, Chris Redmond, former Woden Community Council CEO, hosted a Collaborative Community and Industry Information Event.

o Community organisations and industry personnel were on-hand to share their expertise to assist homeowners on whatever pathway they may wish to take.

o The report from the event host indicates nine homeowners attended from seven of the 41 remaining affected properties which were still privately owned at that time.

o Feedback also suggests some homeowners were progressing their well thought through plans, while others are still considering all their options.

Page 241 ANNUAL REPORT HEARING BRIEF

• The Taskforce executive are also holding individual meetings with homeowners of remaining affected properties to assist them in exploring their options. As at 10 October 2019, 21 homeowner meetings (representing 18 households),have been held. Key Information

• The Taskforce is supporting pathways to achieve the end goal of a Canberra community free of Mr Fluffy by:

o assisting homeowners with the provision of information and connection to industry and community agencies, which will enable them to explore pathways to eradication; and

o working through the challenges associated with complex properties within the Scheme. Background Information – must be suitable for public disclosure

• To date, the owners of more than 980 properties have finalised alternative living arrangements and moved to safer accommodation, allowing the demolition of their former Mr Fluffy property, both within the Scheme and privately. • Eradication can only be achieved by the demolition of all affected properties, either through the voluntary Loose Fill Asbestos Insulation Eradication Scheme (Scheme) or privately. • It is understood that some homeowners are yet to make a decision in relation to the future of their Mr Fluffy property and the ACT Government would like to better understand the barriers that are preventing each homeowner from finalising their decision. • Although participation in the Scheme remains available to eligible owners of remaining properties, a private demolition may well be the best option for some homeowners.

Page 242 ANNUAL REPORT HEARING BRIEF

Portfolio/s Employment and Workplace Safety

ISSUE: SALES PROGRAM Talking points: • As at 31 October 2019, 881 contracts for sale have been exchanged and 851 settlements completed. • On Wednesday, 30 October 2019, 32 blocks were released at the Suburban Residential auction at the Ainslie Football Club. • The auction was managed by Civium, selling 14 blocks and achieving a 43.75% clearance rate, which includes blocks passed-in at auction but sold during the negotiation window post-auction. • The 18 remaining blocks are being managed by Civium for over the counter purchase. Key Information

• 881 blocks have been released to the market for sale by auction, 829 blocks have sold to date, either at auction or over the counter (OTC); 52 blocks blocks remain for sale over the counter;

o 18 blocks are being managed by Civium; o 34 blocks are being managed by the Taskforce Sales program, with 6 of these currently under offer. • 5 blocks sold direct to agency; and • 47 First Right of Refusal (FROR) blocks have exchanged, with 47 of these having settled. • Sales Program Revenue (based on exchanged contracts) as at 31 October 2019 is below:

As at 31 October 2019 Sales Program Revenue Number Value $ FROR 47 37,396,700 Public Sale 829 540,817,751 - Auction* 414 297,863,050 - OTC 415 242,954,701 Sale to Government 5 2,340,000 * This includes blocks passed in at auction but sold during the negotiation window post-auction.

Cleared as complete and accurate: 30/05/2019 Cleared by: Executive Group Manager Ext: Contact Officer name: Jessica Round Ext:54887 Cleared for release Yes Return to Index Information Officer name: Bruce Fitzgerald

Page 243 ANNUAL REPORT HEARING BRIEF

Background Information – must be suitable for public disclosure

• The overall sales clearance rate of publicly offered blocks is 94%. The auction clearance rate is 47% with the balance of sales being OTC post auction. • The FROR take-up rate is just over 9%. • With the slowing of the sales program, responsibility for marketing remediated blocks was brought in-house on 2 January 2019. • The Taskforce engaged Civium to lead and manage the the next lot of auction campaigns for the Sales Program. The last auction was held on Wendesday, 30 October 2019. The next auction is yet to scheduled.

Page 244 ANNUAL REPORT HEARING BRIEF

Portfolio: Employment and Workplace Safety

ISSUE: NEWLY IDENTIFIED MR FLUFFY PROPERTY IN CURTIN Talking points: • The property has been surrendered to the ACT Government and the Taskforce continues to work with the family who have relocated to a new living arrangement. • All parents of children who attended the day-care centre during the period of operation were contacted and have been provided with:

o a copy of the asbestos assessment; o clear messaging about the asbestos results; and o contact details of the Taskforce should they wish to discuss any concerns they may have. • As at 31 October 2019, the Taskforce had not received any requests for information or assistance from the parents of children who attended the day-care centre during the period of operation. • The property is the second to be identified since the Loose Fill Asbestos Insulation Eradication Scheme was announced on 28 October 2014. • Any person concerned that their house may contain loose fill asbestos should engage a licensed asbestos assessor. A list of assessors can be found at: www.accesscanberra.act.gov.au/app/services/licence/#/asbestos- assessor. • The cost of an assessment will be reimbursed if the property is identified as affected by loose fill asbestos insulation. • The Taskforce encourages homeowners with further questions about loose fill asbestos to contact them on 13 22 81 or email [email protected].

Page 245 ANNUAL REPORT HEARING BRIEF

Key Information

• On 11 July 2019, a newly identified property in Curtin was added to the Affected Residential Premises Register (Register), following confirmation of the presence of loose fill asbestos insulation in a portion of the roof space. • Family Day Care arrangements were in place at the property between 17 October 2016 – 21 September 2018, with 40 children from 30 families attending over that time period. Background Information – must be suitable for public disclosure

• The Taskforce was notified of the find on 5 July 2019, and the property was added to the Register after testing and confirmation on 11 July 2019.

Page 246 ANNUAL REPORT HEARING BRIEF

Portfolio/s: Employment and Workplace Safety

ISSUE: COMMUNITY AND EXPERT REFERENCE GROUP (CERG) – MR FLUFFY LEGACY PROJECT Talking points: • The draft interim discussion paper provides six ‘recommendation themes’ which include:

o Learning Lessons; o Tracking Health Impacts; o Supporting Families; o Recording the Stories; o Establishing a Place of Reflection; and o Education. • Members of the community were able to comment on the draft discussion paper until the 11 September 2019 on the Mr Fluffy engagement hub website. • CERG are currently reviewing the feedback received through this process and will provide the final report to government in the coming days or weeks at which point government will consider the recommendations provided in the discussion paper. • The Chief Minister has previously stated that a Board of Inquiry cannot be progressed without commitment from the Commonwealth Government. Key Information

• The community were able to engage on the Legacy Project in several ways including online through a dedicated engagement website, attending drop-in sessions or by sending a letter or email to the project team. • Data captured by RPS Manidis Roberts Pty Ltd (RPS) indicates the consultation program reached an audience of over 600 views online. In total there were 122 engagements either face to face or through the online platform, and several individuals participated in more than one activity. • RPS has consolidated the feedback from the consultation into an interim discussion paper which was available for further public comment for a further four week period.

Cleared as complete and accurate: 31/10/2019 Cleared by: Executive Group Manager Ext: Contact Officer name: Jon Barnes Ext: 79402 Cleared for release Yes Return to Index Information Officer name: Bruce Fitzgerald

Page 247 ANNUAL REPORT HEARING BRIEF

• The cost of implementing any proposed legacy project resulting from the consultation will need to be managed through existing appropriations or through a separate budgeting process. Background Information – must be suitable for public disclosure

• The ACT Government is committed to providing a long-term solution to houses affected by loose fill asbestos insulation. A key part of this commitment is supporting homeowners and families affected by this issue. • The Community and Expert Reference Group (CERG) was established in August 2014 to provide a link to those affected by loose fill asbestos insulation, allowing the Asbestos Response Taskforce (Taskforce) to explore issues with direct input from those most impacted. • CERG includes representatives of home owners, relevant technical and community experts as well as industry groups. • The idea of some form of legacy project to understand the impact of Mr Fluffy on the Canberra community was raised from the beginning of the Loose Fill Asbestos Insulation Eradication Scheme (Scheme). • Since early April 2019 RPS has been undertaking consultation activities with the community, independent from the Taskforce and government.

Page 249 QUESTION TIME BRIEF

Portfolio: Urban Renewal ISSUE: EAST LAKE URBAN RENEWAL Key Information:

• The ACT Government is continuing early planning for future integrated urban renewal in the East Lake precinct to create places where people can live close to employment, education and recreational opportunities. • East Lake provides a significant urban renewal opportunity to support Canberra’s growing population and transition towards a more compact, sustainable, resilient and efficient city. • As developments on the Northborne Avenue corridor progress, the future urban renewal focus is expected to shift towards the City, town centres, and the Kingston Foreshore – East Lake precinct, to provide more opportunities for Canberrans to live close to these community hubs. • The ACT Indicative Land Release Program 2019-20 to 2022-23 states 650 dwellings are expected to be released in East Lake within the initial stages of residential land development in 2022-23. • Further environmental assessments of the land between the Jerrabomberra Wetlands and railway corridor are needed to provide government with information that will be used to guide future planning and urban renewal in this area. • Further input will be sought from the community and stakeholders to build on previous engagement outcomes and help shape future urban renewal in this area, once more information is available. • Public housing will continue to be provided as part of the mix of housing types in East Lake; Government will work closely with existing residents to ensure those who wish to stay will be able to. Background Information

• East Lake has been part of Canberra’s planning since it was first identified as a site for possible future residential intensification in The Spatial Plan in 2004. • Preliminary planning studies show how the area could be developed in the future into a renewed residential mixed use precinct, subject to a range of planning, environmental, land management and infrastructure issues being resolved.

Cleared as complete and accurate: 11/10/2019 Cleared by: Executive Group Manager Ext: 58294 Contact Officer name: Lea Durie Ext: 50477 Cleared for release Yes Return to Index Information Officer name: Bruce Fitzgerald

Page 250 QUESTION TIME BRIEF

Portfolio: Urban Renewal

ISSUE: EPIC/KENNY URBAN RENEWAL Key Information:

• Government is continuing early planning investigations in the Kenny precinct to better understand future land release, together with urban renewal opportunities and the future requirements of Exhibition Park In Canberra (EPIC). • These and future site investigations are essential for managing Canberra’s forecast population growth towards a compact and efficient city that is diverse, sustainable, resilient, liveable and accessible. • EPIC is the Territory’s largest multi-purpose events facility, hosting a range of major national events like Summernats and the National Folk Festival through to popular community ones like the weekly Farmers Market. • The ACT Government plans to maintain EPIC’s status as Canberra’s pre-eminent large format event space in the years ahead. The total site encompasses around 77 hectares of outdoor space and around 10,500 square metres of indoor space, giving EPIC significant capacity to host more community facilities and support a wider range of events more often in the future. Its location on the light rail corridor enhances these opportunities. • The ACT Government is undertaking studies aimed at maintaining and strengthening EPIC’s position as a hub for events and community activities. Options under consideration include the potential upgraded facilities supporting major events like the Canberra Show, a large-scale venue suitable for hosting multicultural and other community events, and further education and sports facilities supporting the growing Gungahlin region. • EPSDD has engaged a consultant to undertake a strategic planning analysis for South-East Gungahlin, which includes the future Gungahlin suburb of Kenny. This study will not make specific planning recommendations, but will help government identify future land uses, the investment in infrastructure that will be required to support development and the timing of this investment. The Study will be completed by the end of 2019. • This study, as it relates to EPIC, is consistent with a statement made by the ACT Chief Minister on 17 June 2019, that while he can’t bind future governments, from his perspective EPIC will remain in its current location and it will not be replaced by residential development. • Land release in Kenny is proposed commencing in 2021-22, consistent with the government’s Indiciative Land Release Program 2019-20 to 2022-23.

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Background Information

• Environment, Planning and Sustainable Development Directorate (EPSDD) is delivering early planning and site investigations for the Urban Renewal in Kenny project funded in the 2018- 19 Budget of $550,000 over two years.

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Portfolio/s: Urban Renewal Planning and Land Management

ISSUE: SECTION 72 DICKSON & COMMON GROUND PROJECT Key Information:

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Portfolio: Urban Renewal ISSUE: TERRITORY PLAN VARIATION – NORTH WATSON Key Information

• Sections 74 and 76 Watson are on the Indicative Land Release Program for 2020-21 and 2021-22 for a combined total of 400 dwellings. The exact number of dwellings per section is still to be determined. These two sections are separate from the private developments currently underway on Negus Crescent, Watson, near the television studios. • The land is currently zoned as CZ6 Leisure and Accommodation in the Territory Plan and does not allow for residential use. A future Territory Plan Variation (TPV) is proposed to allow for residential use. • Preliminary community consultation for a TPV for Blocks 10, 11 and 12, Section 74 and Block 2, Section 76 Watson occurred in June and July 2018. • The outcomes of the preliminary public consultation have been made available on the ‘Your Say’ webpage. Issues raised by the community generally related to: o environment/trees; o transport/parking; o overall planning for the North Watson area including provision of recreation and community facilities, and further shops; and o limiting any residential development on site to an appropriate scale. • In January 2019, EPSDD sent letters to all district community councils, including the North Canberra Community Council (NCCC) advising Watson is being considered as a possible location for future Demonstration Housing projects. • EPSDD is currently considering the community’s messages from pre-consultation and agency comments on a draft planning report. Agency and community comments will inform a final planning report, which with the outcomes of any proposed Demonstration Housing projects, will support any future TPV. • Further community consultation will be undertaken for a future draft TPV for Watson through the statutory consulatation process, should the site be considered suitable for rezoning. Community engagement on the Demonstration Housing proposals will be undertaken if the proponents are found successful in the Stage 2 Request for Tender.

Cleared as complete and accurate: 11/10/2019 Cleared by: Executive Director Ext: 58294 Contact Officer name: Nyah Donaldson Ext: 59216 Cleared for release Yes Return to Index Information Officer name: Bruce Fitzgerald

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Portfolio: Urban Renewal ISSUE: FORMER WODEN HIGH SCHOOL/CIT SITE Key Information

• The Territory is preparing to demolish the former school and CIT buildings that are contaminated with residual asbestos. • The demolition Development Application (DA) is currently being considered and tender documents for a demolition contractor are being prepared. Tenders are expected to be called in October 2019 and demolition completed by mid 2020. • The 55,646m² site is zoned for Community Facilities (CFZ) and the community facilities land use policy will be maintained in the future. • No decision has been made on the future use of the site. Background Information

• Both Canberra Health Services (CHS) and ACT Education have made representations to use the site. Over the next seven years, CHS is proposing to use the site for temporary parking until Canberra Hospital development is completed in 2026. Education is looking at additional primary and high school capacity close to Woden town centre and may seek the land to construct a new school to open at the start of 2023. • Given the Community Facilities zoning, the needs of CHS and Education are likely to be the Territory’s highest priorities before other land possible land uses are considered. • The overlapping requirements of CHS and Education will need to be reconciled over coming months. This will involve the more detailed testing of each agency’s assumptions and proposed solutions, in order to deliver the most appropriate long term outcome. • The likelihood that CHS and Education would need all or part of the site was discussed with Woden Valley Community Council at its May 2019 meeting. • The campus opened in 1968 as the Woden Valley High School (WVHS). At the end of 1989 WVHS amalgamated with Alfred Deakin High at the Deakin school campus. From about 1990 CIT ran courses from the site including community work, nursing, childcare and music. CIT Campus Modernisation Strategy identified the site as surplus to requirements and CIT surrendered the site in 2018.

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Portfolio/s: Urban Renewal Community Services & Social Inclusion ISSUE: WODEN COMMUNITY CENTRE Talking points: • The 2019-20 Budget includes $1.75m to design a new Woden Community Centre. • The primary objective is to create appropriate accommodation and improve service delivery for Woden Community Service, a significant not for profite community services provider employing more than 400 people. • In addition to improving the delivery of support services, the new centre will provide a range of new and accessible community meeting and activity spaces that may include a large multi purpose hall, community art space and after school care. • Replacement of the existing Lollipop childcare centre is also being considered. Key Information

• The initial brief to finalise user requirements and develop a concept design was awarded to Cox Architects in mid October 2019. • Interviews with a number of stakeholder have taken place including: - Woden Valley Community Council; - Weston Creek Community Council; - Woden Community Services; - Tuggeranong and Woden region community arts co-ordinators; and - Community Services and Education Directorates. • This current stage of the design process is expected to conclude in the second half of 2020. Government will then decide how to procure the final design and construction of the new facility that will be subject to consideration in the context of the 2021-22 Budget. Background Information

• The preferred site addresses Callam Street adjacent to Callam Offices. While the site has excellent visibility and accessibility to public transport, it also has a number of challenges including the need for design complementarity with the heritage listed Callam Offices. • Holdpoints through the design development will require support from the ACT Design Review Panel and ACT Heritage Council. Good consensus and support from community stakeholders will also be important.

Cleared as complete and accurate: 31/10/2019 Cleared by: Choose an item. Ext: 58294 Contact Officer name: Rod Baxter Ext: 52663 Cleared for release Choose an item Return to Index Information Officer name: Bruce Fitzgerald

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Portfolio: Urban Renewal ISSUE: RED HILL – SITE CONTAMINATION Talking points:

• In April 2019 Stockland Development Pty Limited (Stockland) wrote to the Suburban Land Agency (SLA) advising that following commencement of site works they had identified widespread contamination across the site within existing topsoil and fill material. • Stockland asserts that they purchased a clean site and that the Territory should be responsible for costs associated with remediation of contamination. The SLA based on ACT Government Solicitor advice has rejected that claim. • Stockland as the owner of the land is required to develop and have the support of the Environment Protection Agency (EPA) to a Remediation Action Plan (RAP) before works can occur on site. On 18 September 2019 the EPA provided in-principle support to the proposed remedial approach outlined in the RAP subject to conditions. • Stocklands have commenced remediation works in accordance with the EPA approved RAP. • The SLA and EPSDD continue to work cooperatively with Stockland to understand the extent and nature of contamination on site. Key Information

• A consortium of Stockland Development Pty Limited (Stockland) and Doma Red Hill Pty Ltd settled on the purchase of the site on 7 September 2018, with an agreed purchase price of $50.13 million. Background Information

• Following a Request for Tender Process, the consortium of Stockland Development Pty Limited (Stockland) and Doma Red Hill Pty Ltd were selected as the preferred tenderers, with contracts first exchanging on 29 June 2018. • On 1 April 2019, Stockland wrote to the SLA advising that following commencement of site works they had identified widespread contamination across the site within existing topsoil and fill material. • A teleconference between Stockland, the CEO of SLA and EPSDD was held on 5 April 2019 to have initial discussions on the issues raised in Stockland’s letter. It was agreed, that Stockland and the Territory’s technical consultants will share

Cleared as complete and accurate: 01/11/2019 Cleared by: Chief Executive Officer Ext: 57346 Contact Officer name: Nicholas Holt Ext: 79646 Cleared for release Yes Return to Index Information Officer name: Nicholas Holt

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information on the environmental investigations undertaken on the site prior to sale and the ‘findings’ by Stockland after the sale. • On 8 May 2019 Stockland wrote to SLA setting out it’s position that the Territory is responsible the costs of the remediation of contamination • On 19 July 2019 the SLA wrote to Stockland rejecting their claims based on preliminary ACT Government Solicitor advice that the Territory has a strong legal position with respect to the claim. • On 5 August 2019 Stockland wrote to the Minister for Urban Renewal seeking the Minister’s review of the issue. The Minister responded to this letter on 29 August 2019. • On 7 August 2019 the CEO SLA responded to a further letter from Stockland (dated 30 July 2019) reiterating the SLA position outlined in its correspondence of 19 July 2019. • Stockland consultants prepared a final draft Remediation Action Plan (RAP) that on 18 September 2019 received in-principle support for the proposed remedial approach, subject to the following conditions:

o All assessment, remediation and management of contamination within the audit area must be in accordance with the Auditor's requirements;

o All asbestos containing material (ACM) collected as part of the 'emu pick' remedial strategy must be disposed to a suitably licensed facility;

o Reuse of soils potentially impacted by ACM will only be considered within Authority approved areas of the West Belconnen Resource Management Centre. Soils impacted by fibrous asbestos and/or asbestos fines will not be considered for reuse off-site;

o No material is to be disposed off-site without the Authority's approval; o All works associated with the containment cell must satisfy the conditions detailed in the TCCS letter of support; and

o Prior to the commencement of building works within the audit area (other than those associated with the continued construction of Display Suite) or the audit area being used for other purposes the Auditor's Site Audit Statement and Report into the area's suitability for its proposed and permitted uses under the Territory Plan must be reviewed and endorsed by the Authority. • On Wednesday 30 October 2019, Stockland’s sent an email to the CEO SLA advising that they intend to submit a draft Statement of Claim for costs related to remediation of contamination by Friday 1 November 2019.

Cleared as complete and accurate: 01/11/2019 Cleared by: Chief Executive Officer Ext: 57346 Contact Officer name: Nicholas Holt Ext: 79646 Cleared for release Yes Information Officer name: Nicholas Holt Return to Index

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Portfolio: Urban Renewal ISSUE: DEMONSTRATION HOUSING/ HOUSING CHOICES COLLABORATION HUB Key Information

• EPSDD will present to the Suburban Land Agency (SLA) Board on 24 October 2019 at their next meeting. EPSDD will provide an update on the Demonstration Housing Project process, proposals and identified sites, and seek a collaborative approach to deliver proposals on sites on the Indicative Land Release Program (ILRP).. The ILRPsites are Block 45 Section 54 Belconnen and Block 1 Section 68 Kingston. Demonstration Housing previously presented to the SLA Board on 28 May 2019. • In May 2019, six Demonstration Housing proposals ‘with sites’ were found to be successful through the two-stage Demonstration Housing process. A further three proposals were close to meeting the evaluation criteria and those proponents have been invited to undertake some further work to enable them to be reconsidered. One proponent invited to be reconsidered withdrew from the Demonstration Housing Project in September 2019. • Four of the successful proposals, Stellulata- small scale co housing in Ainslie; Manor House – a Manor House in Griffith; ECHO Housing – affordable rental in Lyneham; In Loco Chifley – ageing in place townhouses in Chifley have been to the National Capital Design Review Panel. • EPSDD is currently working with seven successful Stage 1 Proponents ‘without a site’ to identify suitable Territory land. Sites will be sold to Proponents at market value if they are successful in the Stage 2 evaluation. A range of potential sites are being investigated, including blocks surrendered under the Loose Fill Asbestos Insulation Eradication Scheme Buyback Program. Further work is being done to confirm site suitability for offer to Proponents who will then develop a site specific proposal submission for evaluation. • EPSDD is currently working with the Government Solicitors Office to draft the ‘without a site’ Stage 2 Request for Tender (RFT) documentation. Each RFT will be individualised based on each proponent’s proposal and the site to be offered for sale. The first RFT is expected to be released in late-2019. • EPSDD wrote again to Community Councils in mid July 2019 with a further update on the Demonstration Housing Project. Project-specific community engagement on the successful ‘with sites’ proposals has commenced, with two Proponents, Stellulata presenting to the North Canberra Community Council in late June and Manor House presenting to the Griffith Narrabundah Community Association in early July and on the 11 September 2019. Other Proponents will commence their community engagement in the coming months.

Cleared as complete and accurate: 11/10/2019 Cleared by: Executive Director Ext: 58294 Contact Officer name: Jennifer Yong Ext: 73597 Cleared for release Yes Return to Index Information Officer name: Bruce Fitzgerald

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Background • The ACT Government is delivering a Demonstration Housing Project that aims to showcase innovative housing design and delivery in Canberra. The project has been developed with input from the Housing Choices Collaboraton Hub, and the process provides a clear example of the potential changes the Collaboration Hub would like to see in Canberra, while at the same time testing their viability. • A two-stage EOI process was developed in consultation with community and industry representatives, and commenced in April 2018. The Stage 1 EOI process called for both ‘proposals with land’ (referred to as ‘with sites’) and ‘proposals that required land’ (referred to as ‘without sites’). • Proposals were received from a range of groups, including community groups, developers, and property owners and included co-housing, micro apartments and townhouses. • The Collaboration Hub assisted in the development of the second stage Request for Proposal (RFP) evaluation criteria. Specifically the Collaboration Hub requested the following be included: improving building quality; preserving the garden city character; retaining trees and vegetation to mitigate heat island effect; and encouraging universal design. The evaluation criteria for the RFP also includes demonstration housing concept, excellence in design quality, excellence in build quality, stakeholder and community engagement and financial capacity. • To date, the six successful ‘with sites’ Proposals are:

o Terraces and micro terraces in Forrest o A manor house in Griffith o Ageing in place townhouses in Chifley o Adaptable housing in Weston o Community housing in Lyneham o Small scale co housing in Ainslie • Pre-consultation has commenced on two projects, the small scale co housing in Ainslie known as ‘Stellulata’, and the Manor House in Griffith. The Griffith Narrabundah Community Association have written to EPSDD twice expressing their concern about the Manor House project. Their concern is not about the design of the proposal, it is about increased density in RZ1, and that if this demonstration housing project is permitted, it will set a precedent for increased density more broadly in RZ1 in their local area.

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Portfolio: Urban Renewal ISSUE: KINGSTON ARTS PRECINCT Key Information • The Kingston Arts Precinct is Stage 5 of the Kingston Foreshore Estate project delivery by the Suburban Land Agency (SLA). • On 1 July 2019, Geocon Group Pty Ltd was announced as the successful tenderer. The tender concepts submitted by Geocon and included in agreements with the SLA are the starting point for the design of the Precinct. • The first phase of public engagement commenced with a ‘Tender Concepts Release’ phase which included a number of briefings and public presentations to interested community and resident groups, resident arts organisations members and the broader arts sector. • In response to information gathered during this phase of engagement, Geocon has agreed to consider retention of the heritage listed 1948 Switch Room which was granted conditional demolition approval in 2014. This will be further explored during next phase of ‘Tender Concepts Design Development’. • The ‘Tender Concepts Design Development’ phase formally commenced with Geocon issuing invitations to approximately 20 community groups and representatives to form a community panel for the project. The first panel meeting occurred on 10 October 2019. • The ‘Tender Concepts Design Development’ phase allows Geocon’s design team to evolve its concepts for the site as the stakeholder and community engagement progresses. Next iteration of drawings will also include feedback from the National Capital Design Review Panel, ACT Government approval agencies (including Heritage), artsACT and resident arts organisations. Key Information

• Outline of all community and stakeholder activities undertaken during ‘Tender Concepts Release’ phase is publicly available on the SLA’s website. • As part of the ‘Tender Concepts Design Development’ phase, Geocon has already undertaken following meetings: - On 1 October Geocon met with representatives of the National Trust;

Cleared as complete and accurate: 01/11/2019 Cleared by: Chief Executive Officer Ext: 57346 Contact Officer name: Irena Sharp Ext: 54044 Cleared for release Yes Return to Index Information Officer name: Tom Gordon

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- On 10 October newly formed Community Panel met and discussed the project; - On 16 October Geocon’s design team presented to the National Capital Design Review Panel and is currently awaiting formal comments; - On 18 October Geocon’s design team presented to the opposition MLAs; - On 23 October Geocon’s design team, SLA and artsACT met with resident arts organisations and successfully agreed arts organisations locations within the Precinct. Background Information

• The tender concepts submitted by Geocon include: a) A public car park of 537 car parking spaces with dedicated parking for use by resident arts organisations and Ground Floor opportunities for mixed use tenancies. The structure will be fully owned and managed by the Territory and is currently proposed as a multi-storey carpark. The car park location offers opportunities for innovative design in relation to: i. its capability to be adaptable and capable of repurpose in the future, offering arts hub expansion possibilities; ii. its façade being a backdrop for art installations or projections; and iii. roof top use for sustainable infrastructure and activation for community and arts uses. In addition to the public car park, parking requirements generated by the surrounding private development will be delivered as basement parking, currently estimated at 684 spaces. 300 of those spaces will be made available as public parking on weekends. b) Response to ACT Heritage Registration for the ‘Kingston Powerhouse Historic Precinct’ which originated in 1998. It calls for retention of number of trees on site and views to the East Basin and Bowen Park. All trees within the site will be subject to a tree assessment as a statutory requirement. The opportunities for views to East Basin are currently limited to narrow view corridors to Mount Pleasant and Trevillian Quay. The ACT Heritage Council will consider the proposed development as part of its approval process.

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Portfolio: Urban Renewal ISSUE: THE CANBERRA BRICKWORKS PRECINCT Key Information • The sale of the Canberra Brickworks Precinct will allow for the make-safe, refurbishment, adaptive reuse and preservation of the Brickworks kilns, its quarry and railway remnants so they can be re-opended to the public. • Doma Group was announced as the successful tenderer on 25 September 2019. • The industrial heritage site will be renewed as part of a residential development of maximum 380 dwellings with a mix of stand-alone houses, terraces and apartments. • Doma’s proposal includes extensive new public areas, increased and direct access to heritage sites with public parking available on site and a range of residential dwelling types and smaller commercial uses to support ongoing heritage conservation and activation within the precinct. • Doma has commenced monthly meetings with the established Community Panel and presented its tender concepts to the community on 29 October 2019. Key Information

• On 17 October 2019, Doma visited the Brickworks and quarry with ACT Heritage and discussed future conservation management considerations. • Development completion is expected in the second half of 2024 with the new heritage precinct being delivered in the first stage of development works. Background Information

• The ACT Government is constructing part of the Canberra Brickworks access road and upgrading Dudley Street in Yarralumla. • Community stakeholder groups were invited to form part of a Community Panel and have been part of a collaborative engagement process since October 2015. • Doma held their first community information session on the Brickworks at the Yarralumla Primary School on 29 October 2019 with roughly 180 residents in attendance. • Doma is required to continue to engage with the Community Panel throughout the design phases of the project. Cleared as complete and accurate: 01/11/2019 Cleared by: Chief Executive Officer Ext: 57346 Contact Officer name: Irena Sharp Ext: 54044 Cleared for release Yes Return to Index Information Officer name: John Dietz

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Portfolio: Urban Renewal ISSUE: GOLD CREEK HOMESTEAD Talking points: • Ngunnawal Block 109 Section 23, which includes the Gold Creek Homestead, has been identified to deliver 45 residential dwellings as part of the Indicative Land Release Program in 2019-20. • The 4.8 hectare site is zoned Community Facility and residential uses are limited to supportive housing, retirement village or residential care accommodation under the Territory Plan. • A Gold Creek Homestead Community and Stakeholder Panel (the Panel) has been established by the Suburban Land Agency to develop the non-financial objectives for the sale of the land. • The Gold Creek Homestead is not heritage-listed, however the Panel has the opportunity to capture the historic values through defining site objectives. These will then be included into the tender documentation and evaluation for the sale of the land, along with any other objectives set by the Panel for the site. Key Information

• The Panel consists of 12 male and 8 female members across age groups, fields of interest and ethnic background, including Ngunnawal representation. • Key stakeholders on the Panel include the National Trust and the Gungahlin Community Council. • A first Panel meeting, including site tour, was held on 26 October 2019 at the Ngunnawal Grove retirement village. Further meetings are scheduled for 9 and 30 November 2019. • On 1 and 4 November 2019, two additional site tours with a questionnaire are open to the broader public for further input that can be considered by the Panel. Background Information

• The Suburban Land Agency withdrew the Ngunnawal land release tender from the market on 1 June 2018 to work towards a better balance of social and financial benefits after several community representatives raised their concerns. • The tender originally called for 160 beds for residential aged care and 30 supportive dwellings in a retirement village.

Cleared as complete and accurate: 30/10/2019 Cleared by: Chief Executive Officer Ext: 57346 Contact Officer name: Tom Gordon Ext: 75553 Lead Directorate: Suburban Land Agency Cleared for release Yes Return to Index Information Officer name: Tom Gordon

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Portfolios: Housing and Suburban Development Urban Renewal ISSUE: DISPOSAL OF SURPLUS GOVERNMENT ASSETS Talking points: • In April 2019, Government agreed to the approach for the disposal of surplus Territory properties. • It is forecast that approximately $22million will be returned from divestment of properties and that this will be delivered over the period of 2021-22. • The administration of the program is being led by the Environment, Planning and Sustainable Development Directorate (EPSDD) with the support of ACT Property Group (ACTPG) and the Suburban Land Agency (SLA). Key Information

• The properties identified for disposal include:

o 141 Canberra Ave, Fyshwick (Subject to resolution of the boundary between ACT Property Group and the Justice and Community Safety Directorate) o Belconnen Health Centre, Belconnen o Belconnen Traffic Centre, Belconnen o Couranga Homestead, Hume o Frewin Centre, Scullin o Giralang Community Centre, Giralang o Gold Creek Homestead, Ngunnawal o White house childcare, Red Hill • A further three sites may be added to the list subject to a further decision of Government being:

o Block 1 & 24 Section 21, Belconnen (the former Belconnen Fire and Ambulance Station) o Block 2 Section 99, Curtin (Carruthers Street, Curtin) o Block 5 Section 80, Giralang (former Giralang Health Centre) Background Information

• ACTPG is responsible for the management of government owned assets including buildings used for office accommodation, childcare and community facilities.

Cleared as complete and accurate: 28/10/2019 Cleared by: Chief Executive Officer Ext: 57346 Contact Officer name: Nicholas Holt Ext: 79646 Lead Directorate: Suburban Land Agency Cleared for release Choose an item Return to Index Information Officer name:

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• EPSDD is responsible for the policy associated with the release and sale of land to not for profit community organisations and the direct sale of land process. • EPSDD is also responsible for the Indicative Land Release Program (ILRP), planning and due diligence investigations of sites. • The marketing and sale of sites is the responsibility of the SLA, as well as continuing and completing due diligence for sites which the former Land Development Agency had initial responsibility for. The SLA and ACTPG are finalising the development of an Asset Management and Disposal Agreement which will detail the arrangements for sales and marketing services.

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Portfolio: Urban Renewal ISSUE: ASSET RECYCLING INITIATIVE Key Information • The Territory has received $67.14 million in incentive payments from the Commonwealth, which is the full capped amount of funding that was allocated to the ACT under the Asset Recycling Initiative (ARI). • Five sites settled under the initiative in the 2018-19 financial year. These sites included:

o Strathgordon Court (Block 1 Section 53 Lyons), settled 22 May 2018; o Stuart Flats (Blocks 23-25 Section 39 Griffith), settled 22 May 2019 (Block 23-24), 29 May 2019 (Block 25); o Gowrie Court (Block 3 Section 62 Narrabundah), settled 28 May 2019; o Lyneham and De Burgh (Block 9 Section 51 Lyneham), settled 12 June 2019; and o Tourist Information Centre (Block 46 Section 6 Dickson), settled 19 June 2019. • The ARI Program was finalised on 30 June 2019. Key Information

• Two sites formerly part of the ARI program remain unsold. These include: • Northbourne Flats Braddon and Turner – Block 10 Section 8 Braddon and Block 2 Section 57 Turner (released to market 26 June 2018). Tenders closed 4 October 2018 and the process concluded in May 2019 without sale. The SLA in consultation with the CRA is developing a new release strategy. The re-release of the sites is expected to occur in 2020 following the Macarthur House site sale process. • Macarthur House – Block 28 Section 50 Lyneham. The site is proposed to go to the Market in December 2019 via tender with a disclosed reserve. In June 2019 the SLA Board agreed to delay the release until after the Minister for Planning and Land Management releases for public notification the draft Territory Plan Variation for Northbourne Avenue which picks up the proposed Territory Plan changes arising out of the City & Gateway Strategy.

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Cleared as complete and accurate: 29/10/2019 Cleared by: Chief Executive Officer Ext: 57346 Contact Officer name: Nicholas Holt Ext: 79646 Lead Directorate: Suburban Land Agency Cleared for release Yes Return to Index Information Officer name: Nicholas Holt

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Cleared as complete and accurate: 29/10/2019 Cleared by: Chief Executive Officer Ext: 57346 Contact Officer name: Nicholas Holt Ext: 79646 Lead Directorate: Suburban Land Agency Return to Index Cleared for release Yes Information Officer name: Nicholas Holt

Return to Index

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Portfolio: Climate Change & Sustainability ISSUE: CLIMATE CHANGE ACCOUNTABILITY INDICATORS – PUBLISHING Talking points: • EPSDD’s climate change accountability indicators for 2018-19 include delivery of 3 reports by December 2018:

o the Minister’s Annual Report on actions to achieve net zero emissions by 2045;

o the ACT greenhouse gas inventory; and o an annual report on actions to achieve net zero emissions in government operations by 2020. • The Minister’s Annual Report was delivered in November 2018. • The ACT greenhouse gas inventory and the annual report on emissions from government operations were delivered in early 2019, due to minor technical delays. • All reports were delivered within the legislated timeframes prescribed under the Climate Change and Greenhouse Gas Reduction Act 2010. Key Information

• The Minister's Annual Report under the Climate Change and Greenhouse Gas Reduction Act 2010 was signed by the Minister on 23 November 2018, presented to the Legislative Assembly on 29 November 2018 and published online on 18 December 2018. This was consistent with both legislated timeframes and the requirements of the accountability indicator. • The 2017-18 ACT Greenhouse Gas Inventory was presented to the Legislative Assembly on 14 February 2019 and made available online on the same day. This was due to minor delays in acquiring data for the inventory. The legislated delivery timeframe for this report is two years and three months after the end of the financial year, or September 2020 in this case. This legislated timeframe was exceeded by 18 months. • The Carbon Neutral Government Framework Implementation Report to the ACTPS Strategic Board was endorsed by Strategic Board in November 2018 and published online on 10 January 2019 due to minor administrative delays.

Cleared as complete and accurate: 24/09/2019 Cleared by: Executive Group Manager Ext:54752 Contact Officer name: Lachlan Duncan Ext: Cleared for release Yes Information Officer name: Gene McGlynn Return to Index

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Portfolio: Climate Change and Sustainability ISSUE: ACT CLIMATE CHANGE STRATEGY Talking points: • The ACT Climate Change Strategy 2019-2025 (the strategy) was publicly launched on 16 September 2019. It sets out actions to work towards achieving our 2025 emission reduction target, build resilience to climate change impacts and progress towards achieving net zero emissions by 2045. • The strategy focuses on reducing emissions from transport (which will account for over 60% of ACT emissions in 2020) and gas (which will account for an estimated 22% of ACT emissions in 2020). • It also includes measures to reduce emissions from waste, improve energy efficiency to cost-effectively maintain a 100% renewable electricity supply, and drive innovation and increased ambition. • The strategy also sets out actions to help us adapt to the unavoidable impacts of climate change. This includes measures to make our buildings more efficient and comfortable in a changing climate, care for the most vulnerable in our community and protect and enhance our natural environment from climate change imapcts. • The strategy has been developed in coordination with the development of the Draft Moving Canberra: Integrated Transport Strategy and the ACT Planning Strategy 2018. These all support Canberra’s future as a sustainable, dynamic, and liveable city. • Achieving the aims of the strategy will require an active partnership between the Government and the community. We look forward to working with our citizens to ensure Canberra continues to be a sustainable and vibrant city. Background Information

• The new strategy was informed by extensive community consultation conducted throughout 2017 and 2018.

• The ACT has legislated targets under the Climate Change and Greenhouse Gas Reduction Act 2010 of reducing emissions (from 1990 levels) by: 40% by 2020; 50-60% by 2025; 65-75% by 2030; 90-95% by 2040 and 100% (net zero emissions) by 2045.

Cleared as complete and accurate: 11/10/2019 Cleared by: Executive Group Manager Ext: 54752 Contact Officer name: Antonio Mozqueira Ext: 54820 Cleared for release Yes Information Officer name: Gene McGlynn Return to Index

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Portfolio: Climate Change & Sustainability ISSUE: Living Infrastructure Plan Talking points: • On 16 September 2019, Canberra’s Living Infrastructure Plan: Cooling the City was publicly released alongside the ACT Climate Change Strategy 2019-2025. • The Plan aims to address the urban heat island effect, and build resilience to our changing climate by enhancing living infrastructure across the city. • The Plan includes 30% tree canopy cover (or equivalent) and 30% surface permeability targets to be achieved by 2045. The targets apply to public and private land within Canberra’s urban areas. • The Plan includes actions to support strategic planning, management and investment in appropriate living infrastructure across the city. • The Government is already taking steps to enhance Canberra’s living infrastructure, by committing to plant 17,000 trees over the next four years. But much more action will be needed. • Achieving the Plan will rely on a collective effort through Government, community and business initiative and action.

o For Government, this will include regulatory change, exploring incentives, trialling innovative approaches, and promoting appropriate living infrastructure and its range of benefits. • As our city continues to grow and shifts towards 70% urban infill, incorporating living infrastructure and permeable surfaces into our densifying city is key for a sustainable, resilient and liveable Canberra.

o The actions of the Plan are consistent with the objectives of the ACT Planning Strategy 2018. Key Information

• Canberra currently has approximately 21.5% tree canopy cover, although this is not evenly distributed across the city.

Cleared as complete and accurate: 11/10/2019 Cleared by: Executive Group Manager Ext: x54752 Contact Officer name: Stephanie Wilson Ext: x73242 Cleared for release Yes Information Officer name: Gene McGlynn Return to Index

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Portfolio: Climate Change & Sustainability ISSUE: SUSTAINABLE ENERGY POLICY Talking points: • The ACT Government is currently developing a new Sustainable Energy Policy 2020-2025.

o The Environment, Planning and Sustainable Development Directorate (EPSDD) released a public discussion paper seeking stakeholder input on 6 September 2019.

o Submissions closed on 1 November 2019 • The discussion paper examined and sought input on a range of potential policy options, which will help the ACT to build upon previous achievements, such as the transition to 100 per cent renewable electricity, and continue to provide leadership in sustainable energy. • The focus of the policy will be on transitioning to renewable energy in a way that is fair and equitable, cost effective and maintains the reliability of the energy system. • It will complement the measures included in the recently released ACT Climate Change Strategy. • In developing the discussion paper, input has been sought from a variety of stakeholders on what they see as the most important opportunities and challenges facing the ACT energy sector. Key Information

• The discussion paper is divided into the following key themes: 100% renewable electricity, Energy costs and consumer experiences, Energy efficiency, Demand management, Natural gas, Zero emissions vehicles and Innovation and industry development. Background Information

• The current Sustainable Energy Policy 2011-2020 will ultimately result in delivery of the 100% by 2020 renewable electricity target and substantially contribute towards the 40% by 2020 emissions reduction target. • The 2011 policy has also seen the establishment of the Energy Efficiency Improvement Scheme and Carbon Neutral Government program, significant growth in the ACT’s high value renewable energy services industry, the development of educational and training opportunities and a variety of technological innovations.

Cleared as complete and accurate: 11/10/2019 Cleared by: Executive Group Manager Ext:54752 Contact Officer name: James Priestley Ext:72092 Cleared for release Yes Information Officer name: Gene McGlynn Return to Index

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Portfolio: Climate Change & Sustainability ISSUE: PROGRESS TO 100 PER CENT RENEWABLE ELECTRICITY AND NEW AUCTION Talking points: • The ACT is on track to achieve and maintain our world-leading 100 per cent by 2020 renewable electricity commitment. • The ACT Government has recently announced a new renewable electricity auction (opening on 15 November 2019), to deliver new renewable electricity supply over the next decade.

o In order to meet our emissions reduction targets over the long term, we will see shifts from natural gas and transport fuels to electricity.

o The ACT’s demand is forecast to grow as our city’s population increases.

o This auction will ensure the Government meets the recently legislated commitment to maintain 100 per cent renewable electricity on an ongoing basis from 2020. • The Government expects that even with the new auction, households on average will still pay less than $4.90 per week, cheaper than initially forecast just to get to 2020.

o The cost of new renewable electricity generation is decreasing, and renewables are now the cheapest source of new build power generation. Background Information

• The Climate Change and Greenhouse Gas Reduction (Renewable Electricity Target) Amendment Bill 2019 introduced a requirement that the Minister for Climate Change and Sustainability must determine a method for measuring compliance with the renewable electricity target. EPSDD will shortly seek independent advice in order to recommend a methodology for measuring compliance. Currently, there is no such methodology in place. • With the passage of recent amendments to the Climate Change and Greenhouse Gas Reduction Act 2010, we now have an obligation to maintain our 100 per cent commitment ‘on and from’ 2020.

Cleared as complete and accurate: 11/10/2019 Cleared by: Executive Group Manager Ext: 54752 Contact Officer name: Hugo Temby Ext: 59337 Cleared for release Yes Information Officer name: Gene McGlynn Return to Index

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Portfolio: Climate Change & Sustainability

ISSUE: AUDIT OF SMALL AND MEDIUM SCALE FEED IN TARIFF SCHEME Talking points: • Evoenergy, the ACT’s electricity distributor, is appointed under law as the administrator of the small and medium scale feed-in tariff scheme. • The scheme allows for payments to be made to ACT households and businesses that are generating renewable electricity. • On 31 January 2019 I initiated an audit of information provided by Evoenergy with regard to the administration of the scheme. • The decision to trigger an audit was in response to concerns about the accuracy and reliability of data reported by Evoenergy. • The Environment Planning and Sustainable Development Directorate has worked closely with Evoenergy over a number of years to improve data capture and quality assurance. • Despite improvements having been implemented by Evoenergy, I considered it appropriate to perform an audit to ensure the community can remain confident that the scheme is working as intended. • The audit commenced in June 2019 and I expect the findings to be presented to me later in 2019. • I note that Evoenergy has made a commitment to ensure that no customers will be out of pocket as a result of past data discrepancies. • ACT residents concerned about their solar feed-in tariff can contact Evoenergy on 13 23 86. Key Information

• Evoenergy is obligated under section 11B of the Electricity Feed-in (Renewable Energy Premium) Act 2008 to provide certain information to the Minister. • On 31 January 2019 you initiated an audit under section 11C of the Act via the Electricity Feed-in (Renewable Energy Premium) Requirements of Audit Determination 2019. • The audit will be undertaken at Evoenergy’s expense.

Cleared as complete and accurate: 11/10/2019 Cleared by: Executive Group Manager Ext: 54752 Contact Officer name: Daniel Harding Ext: 77533 Cleared for release Yes Information Officer name: Gene McGlynn Return to Index

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Portfolio: Climate Change and Sustainability ISSUE: ENERGY EFFICIENCY IMPROVEMENT SCHEME (EEIS) Talking points:

• The EEIS has been extended to 2030, as a key mechanism for delivering on the ACT Climate Change Strategy 2019-2025. Key changes include:

o Measuring savings in energy instead of GHG emissions to reflect the ACT’s move to 100% renewable electricity from 2020;

o Expanding beyond stationary energy to cover transport activities; o Increasing energy efficiency opportunities for low income households. • The Priority Household Target (PHT) ensures assistance is provided to low income households, including those living in public housing. The PHT has been increased to 30% for 2020. The ACT Government has invested $7million over 2018 to 2020 to improve energy efficiency in public housing. • New residential ceiling and underfloor insulation and business heating and cooling activities were added to the scheme and all gas activities were phased out in August 2019. However, energy retailers can choose which eligible activities to deliver. Key Information

• Since 2013, more than 74,000 households and businesses have participated in the Scheme. It has achieved lifetime emission reductions of over 500 kt CO2 –e, equivalent to taking 165,000 cars off Canberra roads for a year. • Over the lifetime of products installed, households are expected to save more than $210 million with average weekly savings of $5.78, and businesses are estimated to save $160 million with average weekly savings of $96. • More than 19,000 low income households are expected to save nearly $70 million off their energy bills over the lifetime of the items installed under EEIS. • Current activity delivery comprises ActewAGL’s Big Business Light Switch program, Fridge Buyback scheme and rebates to replace poor performing heaters and hot water systems with high efficiency models. Background Information

• EEIS was established under the Energy Efficiency (Cost of Living) Improvement Act 2012. It requires electricity retailers to achieve energy savings in households and small-to-medium enterprises. Smaller Tier 2 retailers can opt to pay an ‘Energy Savings Contribution’.

Cleared as complete and accurate: 28/10/2019 Cleared by: Executive Group Manager Ext: 54752 Contact Officer name: Antonia Harmer Ext: 72244 Cleared for release Yes Information Officer name: Gene McGlynn Return to Index

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Portfolio: Climate Change & Sustainability ISSUE: Fuels Rationing Act 2019 Talking points: • The Fuels Rationing Act 2019, which commenced on 11 October 2019, brings the ACT into line with other jurisdictions and ensure a harmonised response across the country in the event of a liquid fuels shortage.

o This is important because the likelihood that a shortage would affect the ACT alone is very low. • This legislation will give the ACT Government more options to implement petrol and other liquid fuels rationing in the unlikely event of a shortage that requires government intervention.

o These options will minimise the impact on drivers and the economic disruption caused during a shortage, allowing for fair distribution of fuels and ensuring emergency services can continue to operate. • Although the commencement of the Fuels Rationing Act 2019 is an important measure to strengthen the resilience of the ACT, I would like to reassure the community that it is unlikely the powers created by the Act will need to be enforced. There is no immediate or anticipated fuel shortage. Key Information

• The Fuels Rationing Act 2019 was developed in response to an internal review into liquid fuel emergency legislation, which found that the existing legislation was not compliant with the Inter Governmental Agreement (IGA) In relation to a National Liquid Fuel Emergency. • The Fuels Rationing Act 2019 provides power for the Minister to implement a fuel restriction from an approved fuel restriction scheme to manage a shortage or likely shortage of fuel. An approved fuel restriction scheme commenced on 11 October in conjunction with the Fuels Rationing Act 2019.

Cleared as complete and accurate: 24/09/2019 Cleared by: Executive Group Manager Ext:54752 Contact Officer name: Anne Pentony Ext: Cleared for release Yes Information Officer name: Gene McGlynn Return to Index

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Portfolio: Climate Change and Sustainability

ISSUE: ACT CLIMATE CHANGE POLICY – COSTS TO COMMUNITY AND CONSUMERS Talking points: • The ACT continues to have among the cheapest electricity prices in Australia while leading the world in climate change response. • The ACT is on-track to achieve its 100 per cent by 2020 renewable electricity target, one of the most ambitious targets globally. It has strong community support. • ACT Government climate change mitigation policies are expected to contribute around $179 to the typical annual electricity bill of a two person household in the ACT in 2019-20 ($3.44 per week). • Costs are offset by average annual savings of $293 for over 70,000 households, and $2,900 for the 2,500 businesses that have participated in the Government’s Energy Efficiency Improvement Scheme. • The contract mechanism the Government has used to secure large-scale renewable electricity is helping offset the impact of rising wholesale electricity costs.

o The ACT pays the difference between the feed-in tariff price and the wholesale market price. Arrangements partially offset any increases in wholesale prices rise through smaller feed-in tariff support payments. • The ACT Government is helping households and businesses to manage their energy costs through a variety of programs and services. Cost of the Energy Efficiency Improvement Scheme (EEIS) • The Energy Efficiency Improvement Scheme is expected to contribute approximately $29 to the annual electricity bill of a typical two person Canberra household in 2019-20.

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Opportunities to mitigate costs ACT energy consumers can receive free advice through the Actsmart Sustainable Home Advice line. Call 1300 141 777 or email [email protected]. A range of rebates are also available for households and businesses to save on energy bills. Information is available at https://www.actsmart.act.gov.au/. Annual Reporting of Cost of Living Impacts from Climate Change Policies The ACT Climate Change Strategy 2019-25 was released on 16 September. Together with Canberra’s Living Infrastructure Plan: Cooling the City, the Strategy sets out the next phase of the ACT Government’s climate response. The Minister for Climate Change and Sustainability will report on the cost of living impacts of implementing the Strategy in the Minister’s annual report under the Climate Change and Greenhouse Gas Reduction Act 2010.

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Portfolio: Climate Change & Sustainability

ISSUE: ACT Climate Change Council Talking points: • The ACT Climate Change Council is my key advisory body on climate change issues, and in 2018-19 they provided advice on emissions reduction targets, carbon budgets, the social cost of carbon and other climate change issues. • Four new members were appointed on 1 July 2019, and their expertise and knowledge in climate science, energy efficiency, living infrastructure, business and the community will be invaluable to the ACT Government. • The Climate Change Council will provide important guidance and assistance in the implementation phase of the ACT Climate Change Strategy 2019-25 and Canberra’s Living Infrastructure Plan. Key Information

• Dr Paul Bannister, Dr Cristopher Brack, Ms Sophia Hamblin Wang and Professor Mark Howden have been appointed, joining re-appointed members Ms Karen Jesson and Mr Ben Ponton, with Professor Penny Sackett appointed to the position of Council Chair. • The ACT Climate Change Council 2018-19 Annual Report (dated 27 August 2019 but presented to me on 12 September 2019) was circulated to MLAs in early October 2019, tabled in the Legislative Assembly by the Acting Speaker on 22 October 2019 and is now available online. • Total expenditure relating to Council activities undertaken in 2018-19 was $27,692, which included remuneration of Council members for meetings and their time spent on additional Council work, as well as miscellaneous costs for things like meetings, publishing documents and advertising new positions. This fell within the annual budget of $40,000. Background Information

• The Council is established under Part 4 of the Climate Change and Greenhouse Gas Reduction Act 2010, which also sets out the functions of the Council and outlines how they are to be exercised. • The main function of the Council is to advise the Minister on matters relating to reducing greenhouse gas emissions, as well as addressing, and adapting to, climate change.

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Portfolio: Climate Change & Sustainability

ISSUE: GREENHOUSE GAS EMISSIONS IN THE ACT Talking points: • The ACT government commissions an independent report on the Territory’s Greenhouse Gas Inventory every year. • In 2017-18, the ACT’s total greenhouse gas emissions were 3,367kt of carbon dioxide equivalent (CO2-e). The two major sources of emissions were stationary energy (54.7%) and transport (34.1%). • If electricity emissions are excluded, total net emissions in 2017-18 were 1,900 kt CO2-e, below the ACT’s target of a 40% emissions reduction (on 1990 levels) by 2020.

o So, with the move to 100% renewable electricity in 2020, emissions reductions targets are achievable.

o The independent report identified rapidly growing transport emissions as a risk to achieving the 2020 target. Background Information

• In 2017-18, other sectors accounted for the following share of emissions: (i) 7.7% from industrial processes (synthetic gases), (ii) 2.1% from waste, (iii) 0.9% fugitive emissions and (iv) 0.7% agriculture. • Transport emissions continue to rise in the ACT. In 2017-18, they rose by 2.3%. Reducing these emissions is a significant challenge for the ACT Government, and will be an important step to ensuring the ACT’s emissions reduction targets are achieved. • The Greenhouse Gas Inventory for 2018-19 is currently being prepared.