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Legislative Assembly for the ACT: 1996 Week 7 Hansard (20 June) . . Page.. 2025 ..
These provisions were introduced to remove the previous initial step of the Conservator issuing advice, and, if the advice was not followed within a reasonable time, to provide directions for compliance.
The amendment was effected because the process of first advising and then directing was considered protracted, and because 'reasonable time' was open to subjective interpretation that could have resulted in opportunities for essential conservation measures being lost or deliberately avoided.
Essentially, the Conservator has not been given additional powers under the Act. The amendments have, however, made the exercise of the Conservator's powers more timely, practical and effective.
It is important to note that the determination of criteria is a disallowable instrument and so mechanisms are in place to ensure the criteria to be used by the Conservator are fair and reasonable.
Amendments were also made which doubled the penalties for failing to comply with a direction.
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