There is an urgent need to reform existing use rights. There are a number of mentions in the discussion paper regarding existing use rights but no firm proposals. The Law Society is of the view that existing use rights should be respected but contained. The discussion paper suggests that the Minister be given the power to make LEPs. This is not supported.
Plans are legal documents that affect peoples rights and duties.
The Law Society supports clear plans because they enforce those duties. The need for consistency is essential not only between plans and local government areas, but with other pieces of legislation. There is a need to have a system involving the rigour of parliamentary draftsmen or other appropriate legal supervision. With a three tier system it is agreed that there should be some simplification of the plan making process. The South Australian system recommends itself.