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Legislative Assembly for the ACT: 1996 Week 2 Hansard (28 February) . . Page.. 438 ..

MR BERRY (continuing):

properly advised of. Section 33 refers to the requirement to keep records in relation to emissions; fuel-burning equipment will have to provide for access holes, as I read the legislation; and control equipment has to be maintained properly and operated efficiently, pursuant to section 35.

What it does, effectively, is impose upon residential premises the obligations that are more or less imposed now on industrial premises. Labor will be supporting the amendment. However, while it is all very well to say these things in legislation, when it comes to the administration of them it is going to take substantial resources, and I do not see any signs of more resources being made available for the administration of this legislation and the application of those extra obligations to residential premises. If you have a law that is not going to be administered and is not going to be policed, it is going to be pretty ineffective, and if it is an ineffective law it is probably a bad law.

In making this move, the Government may well be able to claim that it is doing great things in relation to air pollution; but, if it does not intend to police the matter and provide resources to ensure that it is policed, it does not take us very far down the track, and that would be of some concern to us. It might serve them well to issue a quick press release and say that the Government is doing something, but if they do not proceed to administer the legislation with some vigour it all becomes fairly meaningless.

While there are undoubtedly some benefits that will flow from this, it will also raise some concern out in the community. We will see, I am certain, the application of section 24, Fugitive emissions. It states:

Where a person operates, or causes or permits to be operated, any fuel-burning equipment or industrial plant, or carries on, or permits the carrying on of, any trade, industry or process, on those premises, the person shall take such steps as are necessary to prevent, so far as is practicable, the emission of pollutants into the air ...

One thing that comes to mind that would occur in most residential premises from time to time is the use of an aerosol spray-can of paint in the backyard. I wonder whether that could be described as a fugitive emission. Mr De Domenico laughs. He is the Minister responsible for urban services, and he does not understand, it appears, the impact on the environment of fumes from paints. Section 24, Fugitive emissions, raises some serious issues for the ordinary household. I think these matters will take some time to work out. I am not entirely satisfied that it has been worked through by the Government, though on the issue of principle one cannot stand opposed to the amendment that has been moved. I worry about the thought that has gone into it; I certainly have not seen any signs of a lot of consultation with the community about the issue.

Mr Humphries: There has been a great deal, Wayne.

MR BERRY: It has not been particularly evident.

Mr Humphries: You have not been paying attention.

MR BERRY: It has not been particularly evident to me.

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