Page 4619 - Week 15 - Thursday, 21 November 1991
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AIR POLLUTION (AMENDMENT) BILL 1991
MR WOOD (Minister for Education and the Arts and Minister for the Environment, Land and Planning) (10.36): Mr Speaker, I present the Air Pollution (Amendment) Bill 1991. I move:
That this Bill be agreed to in principle.
Neither the Air Pollution Act 1984 nor the Water Pollution Act 1984 has provisions which allow the Pollution Control Authority to require immediate abatement or preventive measures for emissions or discharges to be undertaken. Under the Air Pollution Act, as it now stands, action can be taken only after an emission has occurred. The mechanism for abatement involves a considerable amount of time before remedial action is forthcoming.
Under the current provisions the following steps need to be undertaken before an emission is controlled: Firstly, issuing a section 30 notice seeking advice from the occupier of preventive measures proposed to achieve control; secondly, reviewing the response from the occupier; thirdly, advising the occupier of acceptance of the proposal or directing other works which must be undertaken. The power to issue pollution abatement notices means that the time for remedial action will be halved and, in most instances, result in immediate cessation of emissions. The authority will be able to require self-monitoring.
As with the Air Pollution Act, the Water Pollution Act also has no provisions for any preventive measures. Inspectors encounter considerable numbers of minor discharges or potential discharges which could readily be resolved through preventive controls. A large commitment of resources is required for prosecution. Therefore, this course of action is not suitable for the majority of infringements.
I will therefore be introducing today a separate Bill to amend the Water Pollution Act 1984. Both the Bills will provide for the issuing of pollution abatement notices to similarly facilitate early rectification. Both Bills will provide for issuing of notices where there are reasonable grounds for believing that pollutants or wastes have been emitted or discharged, are being emitted or being discharged, or are likely to be emitted or discharged from premises in contravention of the legislation and it is necessary to control the emissions or discharges.
Failure to comply with a notice will be an offence. Penalties for failure to comply will be $25,000 for a body corporate and $5,000 or six months' gaol or both for a natural person. Appeals for a review of the decision of the Pollution Control Authority or an inspector may be made to the ACT Administrative Appeals Tribunal.
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