Page 1400 - Week 05 - Thursday, 13 May 1993
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The commissioner will be unable to investigate actions taken by the Ombudsman, a royal commission, a board of inquiry, a panel conducting an inquiry under the Land (Planning and Environment) Act 1991, a magistrate or coroner for the Territory, or a judge or master of the Supreme Court. In some circumstances a person making a complaint to the commissioner may be able to have their grievance reviewed by a court or other tribunal. In these situations the commissioner may decide not to investigate if it would be reasonable in all the circumstances for the complainant to seek review elsewhere.
While the commissioner will not be required to investigate all complaints, particularly where suitable alternative mechanisms exist, he or she will be required to explain decisions not to investigate in the commissioner's annual report. The discretion to investigate will be limited to the actions of government agencies and not extended to the actions of private individuals where existing legislation has been breached. Complaints regarding activities of private individuals would be referred to the relevant government agency for appropriate investigation and enforcement activities. However, such a referral would not preclude the possibility of subsequent investigation by the commissioner of the effectiveness of that agency's response or the adequacy of existing legislation to address significant environmental issues.
Where the commissioner conducts an investigation on an issue of environmental significance, he or she will be required to produce a report for me to table in the Assembly. In cases where the commissioner implicitly or explicitly criticises any agency or person, the commissioner will be required to provide an opportunity for that party to make an oral or written submission before the report is finalised. While an agency will not be bound to accept any recommendation made by the commissioner, failure to do so will be brought to the attention of the responsible Minister and the Assembly in the commissioner's annual report. In addition, the agency will be required, in its next annual report, to state whether or not it has implemented any of the commissioner's recommendations about its practices.
The other key function of the Commissioner for the Environment will be the production of an annual state of the environment report. This report is to be prepared each financial year and will be tabled in the Assembly. It will improve both the Government and the community's capacity to evaluate the adequacy and appropriateness of environmental management in the ACT. The report will consolidate data measuring levels of environmental quality. It is envisaged that the first state of the environment report will provide an overall account of existing information on water quality, air quality, noise issues and biodiversity.
Once the first report has been presented I will use my powers under clause 19(2)(e) of the Bill to specify that future reports must include an assessment on trends of these environmental parameters. Analysis of these trends will assist in ensuring comprehensive and balanced evaluation of environmental management priorities. It will ensure that the community and the Assembly are made aware, at an early stage, of any potential long-term changes in overall environmental quality.
The production of this report should also provide a good basis for the ACT in meeting future reporting obligations under the intergovernmental agreement on the environment, to which the ACT is a signatory. Under Schedule 4 of the intergovernmental agreement, the National Environment Protection Agency is to be established. The Commonwealth, States and Territories will be required to provide an annual report to the Commonwealth covering any agreed national
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