Page 2519 - Week 12 - Wednesday, 15 November 1989
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environmental impact of such processes and operations should be fully described and assessed. Appropriate penalties will need to be set in place for any breaches of confidence when the matter is considered in terms of legislation.
The Minister responsible for the environment shall regard a recommendation by the council for an environmental impact statement, an inquiry or a public environment report as binding.
Before the Minister responsible for development permits the commencement of a project, the developer should be able to provide a written guarantee that any conditions recommended by the environmental impact statement or public environment report, or imposed by the advisory council in a qualified approval for development, will be met. Where such a guarantee cannot be provided, the Minister may terminate the agreement or allow an appropriate extension of time for the developer to obtain the necessary resources to meet the conditions specified. In cases of an identifiable special benefit to the ACT community, the Minister responsible for development may approve such subsidies as will allow the developer to meet those conditions. Any subsidy granted by the Minister should be notified to the Assembly.
Where the council recommends that a project must go ahead without additional environmental assessment, the Minister responsible for development may permit work on the project to proceed after 30 days from the date on which the Minister responsible for the environment makes the council's report public.
The proposed planning appeals tribunal can be given the authority to consider appeals against the decision by the Minister responsible for development to allow commencement of a project, where that decision has not been preceded by an inquiry, environmental impact statement or public environment report. The tribunal's powers of determination need extend only to insisting on such a report or dismissing the appeal. All the processes of the council should be subject to the provisions of the Freedom of Information Act, including the exemption provisions.
I expect that many of these elements will need to be given legislative force and, for now, I intend proceeding on this assumption, although the Government's public service advisers will no doubt help the Assembly to decide whether the legislation is necessary or whether the council can be established with existing administrative provisions for the time being. Similarly, if additional legislation is required, I assume the Government will want to take advice on whether that should be by way of a separate enactment or whether the council's function and powers could be adequately described within the scope of the Government's proposed assessment and inquiries Act.
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