Page 5619 - Week 17 - Thursday, 5 December 1991
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MR JENSEN (11.27): I still have some concern about this. I do not believe that I have been given a satisfactory answer as to what sorts of areas are covered by the definition of "defined decision" in relation to the commencement of an inquiry. If there is a serious problem, a major problem, then, as Mr Kaine suggested, an inquiry with the sorts of powers we are talking about here could be convened under the Inquiries Act. There is that facility available. In fact, you could even have a royal commission, if it were very serious, under the Royal Commissions Act. I have yet to hear from the Minister a satisfactory explanation as to how wide-ranging or how narrowly "defined decision" will be interpreted. Maybe it would be appropriate for the Minister to address that when next he rises.
In relation to the Scrutiny of Bills Committee, I am not quite sure whether it is the responsibility of that committee to look at these sorts of issues from a policy point of view. We are talking about this type of inquiry from a policy point of view.
Let us get it straight. There are occasions when proper inquiries with such powers of search and seizure will be required simply for the reason that, unfortunately, out there in this society there are groups, organisations, companies, or whatever you want to call them, who seek, for financial reasons, to avoid their responsibility to protect the environment. I am sure that if I did a bit of research in the library I could come up, very quickly, with at least half a dozen situations where these sorts of problems have been identified. I see Mr Wood thinking that we are shooting at shadows on this one. I can assure you, unfortunately, Mr Wood, that there are organisations out there who, purely for financial or monetary reasons, are not prepared to accept and acknowledge their responsibility to the environment.
Unfortunately, if we are to maintain and protect our environment, there is a cost. A cost is there and it has to be paid. That is why these organisations and groups seek to avoid that. As I said, I am waiting with interest to see what the Minister says on this one, before we take a final view on any amendment moved by Mr Moore.
MR WOOD (Minister for Education and the Arts and Minister for the Environment, Land and Planning) (11.31): Mr Deputy Speaker, if I understand Mr Jensen, I will give him the detail of where these provisions are to be found. The types of activities that could face an inquiry are set out in Part II of the Bill, at clause 18, on plan variations; Part V, clause 165, on the granting of leases, and clause 198, on the plan of management; and Part VI, clause 234, a controlled activity. Then, of course, there is the general power under the environmental impact processes.
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