Page 3463 - Week 11 - Thursday, 14 October 1993
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The Noise Control Act provides for the issuing of noise direction notices to direct the cessation of excessive noise and for granting exemptions where an activity cannot comply with provisions of the legislation. However, it is unclear whether conditions may be imposed in granting an exemption. The Pollution Control Authority is frequently required to consider requests for exemptions. The ability to impose relevant conditions, for example, specifying the times during which excessive noise may be emitted, is fundamental to effective control and to ensuring that noise impacts can be minimised. The Act also provides for the preparation of a noise control manual which sets out the instruments that may be used and procedures to be followed in determining whether excessive noise is being emitted. The manual is a disallowable instrument, but it is unclear whether amendments to the manual are also disallowable instruments. To date all amendments have been treated as disallowable instruments.
In order to remove any doubt as to the intention of the legislation, the Bill provides for several minor amendments to the Noise Control Act. These amendments will permit the imposition of conditions when granting an exemption and stipulate that an amendment to the noise control manual is a disallowable instrument. The Bill also provides for consequential amendments to the Noise Control Act. This includes providing for appeals to the Administrative Appeals Tribunal in relation to the imposition of conditions on exemptions. I commend the Bill to the Assembly. I present the explanatory memorandum, Madam Speaker.
Debate (on motion by Mr Westende) adjourned.
SUPREME COURT (AMENDMENT) BILL (NO. 2) 1993
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (10.39): Madam Speaker, I present the Supreme Court (Amendment) Bill (No. 2) 1993.
Title read by Clerk.
MR CONNOLLY: Madam Speaker, I move:
That this Bill be agreed to in principle.
The Supreme Court Act 1933 became a Territory enactment at the time the Territory assumed responsibility for the Supreme Court on 1 July last year. This Bill is the first really substantial amendment that has been made to the Act since that time. The amendments are wide-ranging in their scope. The main theme is to increase the flexibility and efficiency of the court. A subsidiary theme is to improve the language and structure of the Supreme Court Act. I will touch on the main issues addressed by the Bill.
The first is the creation of a new class of acting judge. The principal members of the court are the Chief Justice and two other justices. The term "resident judges" has been used colloquially to describe the persons occupying these positions.
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