Page 2969 - Week 10 - Thursday, 15 September 1994
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Proposed section 23E in Division 5 deals with tabling and disallowance and instruments to be disallowable instruments. It states:
A draft strategy approved by the Minister under section 15X, a draft variation approved under that section and an instrument made under section 16, 17, 21 or 23C is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.
Madam Speaker, it would seem to the Opposition and, I believe, some other members of this house that it would be highly desirable for something as important as criteria for recommending a declaration, which also deals with an instrument, to be included as something that should come before this house for review. Allowing it to come before this house for review will give not only this Assembly, but also the greater Canberra community with an interest in this, the opportunity to review it, just as they can review the other instruments that are there. That is the reason for the Opposition proposing that one amendment to this otherwise very good Bill.
I note, Madam Speaker, in closing, that the Conservation Council of the South-East Region and Canberra has made a number of comments on the Bill. Whilst they think there are a number of things that can be improved, they regard the Bill as a great step forward in terms of protecting threatened species. It is interesting to note that they do make a comment in paragraph 10 in relation to proposed section 23E. They seem happy that there are disallowable instruments there and indicate that they feel that a period of some five to seven sitting days should be allowed for consideration of the items. Be that as it may, I think the fact that they highlight proposed section 23E and the need for this Assembly to look at disallowable instruments highlights a need for proposed section 18 to be included along with those other disallowable instruments which are in proposed section 23E.
MS SZUTY (10.49): I will speak very briefly to the Nature Conservation (Amendment) Bill. I, like Mr Stefaniak, would like to thank the Minister, Mr Wood, for access to his departmental officers, who gave me a very thorough briefing on the contents of the Bill. I was surprised, though, that the departmental officers had not got back to the Conservation Council of the South-East Region and Canberra to actually give them a final copy of the Bill for their scrutiny. So, I did forward a copy to them. Mr Stefaniak has already mentioned some remarks that the Conservation Council has made. I would actually like to quote from the fax that they sent me with their general comments on the Bill, because I think they are indicative of the Conservation Council's approach to the Bill in its current form. I quote:
The Nature Conservation (Amendment) Bill 1994 represents a long overdue strengthening of the Nature Conservation Act 1990 in terms of protection of species and ecological communities, and the proscription of threatening processes. The importance of this protection is paramount in preserving native ACT species that are currently threatened through habitat loss, urban encroachment, and feral plants and animals.
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