Page 3745 - Week 12 - Thursday, 21 October 1993
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management in its broadest sense should be encompassed. For example, it is not proposed to include the Nature Conservation Act 1980, which provides for the protection of native plants and animals and the management of national parks and nature reserves.
In terms of the content of the legislation, the proposed legislation would establish an integrated system of mechanisms which, together with relevant provisions in the Land Act in particular, would enable effective environmental management. This integrated system will encompass ways to manage all the environmental aspects of an activity which has the potential to cause pollution. It should be noted that many existing control mechanisms and legislative provisions are likely to be retained, but in future it is intended that they be applied in a broader, more integrated manner and include scope for innovative mechanisms to achieve effective environmental management.
By working cooperatively with potential polluters, the most effective and efficient mix of control and enforcement measures can be developed for particular activities. For example, under the proposed legislation one licence could be issued for an entire activity covering all likely environmental impacts. The legislation would also allow the pollution management authority flexibility to come to an agreement with the operator which would maximise overall environmental outcomes while not placing an unreasonable burden on the operator. Detailed objectives for environmental management are intended to be included in the legislation, together with a range of specific criteria which the pollution management authority would need to consider in determining licence conditions. In addition, a works approval provision is planned, which would provide a clear indication to operational requirements in the planning stage. Further certainty would be provided to business by the ability to include guidelines or codes of practice dealing with specific matters in schedules to the legislation. The legislation would also need to provide for enforcement mechanisms such as the use of orders and notices and to specify a range of offences.
As I mentioned, it is intended to include detailed objectives for environmental management in the legislation in order to provide a clear focus for it and to enable consistent, fair and effective regulation. These would be in line with the Government's commitment to the intergovernmental agreement on the environment and would include an emphasis on ecologically sustainable development, adopting a holistic approach, the minimisation of adverse environmental impacts, the promotion of cleaner production and the encouragement of a community ethic of environmental care. The Government's intention is for the ACT environment strategy mentioned earlier to draw such issues together prior to the drafting of the new legislation. The approach to developing the integrated legislation is broadly consistent with developments in New South Wales, Victoria, Queensland and South Australia - especially the holistic and integrated approach, the flexibility for the pollution management authority in determining control measures, and the focus on outcomes.
I now turn to the process for seeking community comments on the discussion paper. At this stage the discussion paper focuses on the rationale for developing integrated legislation and the broad approach to be taken. Specific provisions are not considered in detail. This approach will enable community consultation on
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