Legislative Consistency - the Need for Harmonisation
Proposal: A legislative regime providing a more efficient, coherent, and pragmatic framework for the relationship between utilities and road controlling authorities.
There were 45 submissions on this proposal. 43 were in support and 2 did NOT support.
The general feeling among submitters is that the utilities statutes are inconsistent, creating unfairness, barriers to development and an imbalance of power. It was evident that the main outcome of any legislative change should be to achieve consistency and fairness across the utility statutes.
Question: Should legislative consistency be achieved through amendment of current utilities legislation OR the creation of an all-encompassing specific utilities statute?
There were 38 submissions on this question. Four answers emerged:
- 19 submissions supported an amendment of current utility statutes;
- 10 submissions supported creating an all-encompassing omnibus specific utilities statute;
- 2 submissions supported the long term creation of an all-encompassing omnibus specific utilities statute; and
- 7 submissions supported both a short term amendment of the current utility statutes and the long term creation of an all-encompassing omnibus specific utilities statute.
Those in favour of amending the current utilities statutes proposed that an amendment to existing statues is likely to be speedier and easier to achieve consistency.
Those in favour of an all encompassing specific utilities statute proposed that it is required as long term solution to prevent any piecemeal changes to individual utility Acts which would result in more inconsistencies creeping back in to utilities legislation. It was suggested it would standardise inconsistencies such as the definition of a road, requirements for giving notice, and guidance or limits on the setting of reasonable conditions.
Those against an all encompassing specific utilities statute proposed that it would be too burdensome, inflexible, and not meet the different needs of specific utilities.
It is also noted that requirements under legislation that may pertain only to urban settings may be detrimental to predominantly rural authorities.
Back to Top