A long-drawn-out discussion paper for a developer licensing scheme has been published by the ACT Government today, but the ACT Construction, Forestry, Mining and Energy Union (CFMEU) says “the time for talk is over”.
Talks about a developer licensing scheme in Canberra have been continuing since 2019, with tensions increasing between the CFMEU and the ACT Government over that time.
ACT Minister for Sustainable Building and Construction, Rebecca Vassarotti, said today that the ACT Government are “committed to introducing property developer regulation within this parliamentary term”.
However, in 2021 Ms Vassarotti said the Government would announce a property developer scheme in the second half of 2022.
The discussion paper includes a range of options that could potentially become ACT Government policy, focusing on large-scale residential and mixed-use property developments.
These include a licensing or registration scheme, public disclosure obligations about developers and development activity.
Ms Vassarotti said the ACT Government have engaged with representatives in both Queensland and NSW to develop the paper, along with feedback from previous inquiries, stakeholder engagement, government reports, media reports, academic literature, and jurisdictional review.
“While recognising poor behaviour by only a few developers is largely responsible for a poor public perception of developers, we expect any developer regulation framework will improve building quality and safety, particularly in multi-storey development,” Ms Vassarotti said.
“Property developers within the building and construction industry must face greater accountability.”
CFMEU says ‘Time for talk is over’
In response to the ACT Government’s discussion paper, the CFMEU expressed their frustrations with the “new delay” and ramped up their urgent demands for the developer licensing scheme.
However, the CFMEU said they “still intend to constructively engage” throughout the consultation process so the urgency is reiterated to the ACT Government.
CFMEU ACT secretary Zach Smith said when “dodgy developers” operate in Canberra without a licence, “any day could be the day a catastrophe happens on a building site”.
In November 2022, the CFMEU released their own framework to outline how they believe the scheme should operate.
In the CFMEU framework, licensing would be required for anyone to submit a planning application or carry out works under an approved application, and developers would need to:
- Pass a fit and proper person test;
- Have completed relevant training and have no history of phoenixing or contravening health and safety laws;
- Have no history of failing to complete rectification works.
Mr Smith said the “cashed-up property developer lobby” are utilising their power to stop and stall this scheme and the government shouldn’t let them off the hook.
Last year, the CFMEU commissioned a Redbridge survey which found 77 per cent of ACT residents support requiring property developers to be licensed.
“The community has already spoken. A huge majority of Canberrans back developer licensing. The time for talk is over,” Mr Smith said.
“The government must urgently introduce legislation to stop dodgy developers running roughshod over Canberrans.
“We’ve had a working model on the table since November. It doesn’t make any sense to have further delays when there’s so much building going on around the ACT.”
Labor MLA: ‘I want to see it legislated in full’
Labor MLA Michael Pettersson said while the discussion paper is “comprehensive” and covers the major issues, he would like to see a licensing scheme “legislated in full”.
“ACT Labor’s election commitment was to implement a tough licensing regime, and I’m concerned that a ‘regulatory framework’ has a lot of wiggle room,” Mr Pettersson said.
“I hope to see this discussion progress promptly and a tough regulator on the beat as soon as possible.”
Mr Pettersson is particularly eager to hear from Ms Vassarotti about what “concrete steps” will be taken to ensure there will be adequate legislating of “a tough cop on the beat” that will hold “rogue property developers accountable”.
He said the YourSay process for this issue has a “tight turnaround” but considering this matter has been before the Assembly for a substantial period of time, a long drawn-out consultation process will only continue to delay the implementation of a licensing regime.
- READ MORE: Labor MLA: ACT Government ‘dragging its feet’ on developer licensing (22 November 2022)
Liberals ‘welcome’ discussion paper release
Canberra Liberals Shadow Minister for Sustainable Building and Construction Mark Parton MLA said his party welcomes the release of the discussion paper.
“We note that the Government is well behind its previously announced timetable in this process, but we’d also note the complexity of this issue and that any forthcoming legislation needs to be backed up by a rigorous consultation process,” Mr Parton said.
“Like all of the stakeholders and the rest of the community, we’ll be carefully considering the contents of the discussion paper before making any further comment.”
From today, 2 February, until Monday 27 February at 10am, the ACT public are encouraged to comment on the discussion paper through the YourSay website.
Canberra Daily has contacted Labor MLA Michael Pettersson for comment.
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