Page 3757 - Week 12 - Thursday, 13 October 1994

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THE COMMITTEE RECOMMENDED THAT PENALTIES IN RESPECT OF BODIES CORPORATE IN SUBSECTIONS 21(5) AND 21(6) OF THE LAKES ACT 1976 BE REPEALED FOR THE REASON THAT THE COMMITTEE FOUND IT DIFFICULT TO CONCEIVE HOW A BODY CORPORATE COULD COMMIT THE OFFENCES UNDER THESE PROVISIONS.

THE OFFENCES RELATE TO ENTERING AND REMAINING IN A PROHIBITED LAKE AREA. THE PROVISIONS CURRENTLY PROVIDE FOR DIFFERENTIAL PENALTIES AND I AM OF THE VIEW THAT A BODY CORPORATE COULD BE LIABLE FOR THESE OFFENCES IF THEY ARE COMMITTED BY ITS RESPONSIBLE OFFICER IN THE COURSE OF HIS OR HER EMPLOYMENT WITH THE BODY CORPORATE.

THE COMMITTEE RECOMMENDED CHANGES TO THE PROPOSED LEVEL OF PENALTIES FOR CERTAIN OFFENCES IN THE LAND (PLANNING AND ENVIRONMENT) ACT 1991 - RECOMMENDATION 8 - AND TO OFFENCES IN THE CHILDRENS SERVICES ACT 1986. - RECOMMENDATION 5. THE GOVERNMENT DOES NOT AGREE WITH THOSE RECOMMENDATIONS FOR REASONS WHICH ARE ADDRESSED IN DETAIL IN THE GOVERNMENT RESPONSE WHICH I HAVE PRESENTED TODAY.

ALSO, THE COMMITTEE RECOMMENDED THAT THE IMPRISONMENT

TERM IN THE PROPOSED PENALTY UNDER SECTION 84(1) OF THE LAND

(PLANNING AND ENVIRONMENT) ACT 1991 BE DELETED. THIS

RECOMMENDATION MAY HAVE BEEN MADE TO EQUALISE THE

PENALTY UNDER THIS SECTION WITH THE PENALTY UNDER

SECTION 70 OF THE ACT. SECTION 84(1) PROVIDES FOR AN OFFENCE

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