Page 5554 - Week 17 - Wednesday, 4 December 1991

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I think Mr Wood wants to get through. Once he perceives that he has the numbers on an issue, he decides not to give us the detailed response which a number of us sought, for example on clause 50. I think the Minister should understand that there is no great legal impediment arising out of the proposal put forward to put into the Act some minimum criteria.

MR WOOD (Minister for Education and the Arts and Minister for the Environment, Land and Planning) (4.05): Mr Speaker, I chose not to continue protracted debate on clause 50. I thought that we could have been here all day on that. We were agreed, in any case, that we were going to re-examine it. So, trying to get this Bill through the house, it is pretty sensible that I do not carry on endlessly and uselessly in the face of some comments here.

Mr Jensen might clarify for us where his assessed criteria come from. Mr Collaery referred to a room full of lawyers. One wonders whether this came from a Federal Act and whether, in incorporating this, you have left unstated the administrative backup that appears to be necessary for it. It may be that on their own these are not of great use.

MR JENSEN (4.06): I am very pleased to rise to my feet, Mr Speaker, and indicate to the Minister where I obtained those from. The Minister may recall tabling in this place at the time the legislation was tabled a group of disallowable instruments which it was proposed to bring forward as part of the legislation. That is where that came from. He will find, if he looks at that pile of documents, that that is where that particular one has come from. I have made no changes to it whatsoever. I suspect that it was probably exactly the same instrument that was tabled by Mr Kaine as Chief Minister and Planning Minister at the time that the Bills were put into the place.

From what I can see and what I can understand, that is a very satisfactory definition of heritage significance and places. It seems to have gone through the process and to have been accepted, because there was no comment on it over a period of time. That is where it has come from, Mr Wood. If there are any problems associated with that, I guess they must go to the people who drafted the proposed instruments that were tabled in this place by you.

MR WOOD (Minister for Education and the Arts and Minister for the Environment, Land and Planning) (4.07): Well, you have said it; you have identified it, and thank you for that. It came down as a draft. I acknowledge that. I think that it was appropriate for that purpose. I think you are taking a risk, the sort of risk you claim you want to avoid, by incorporating this without being quite certain of all the ramifications attached to it.


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