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Legislative Assembly for the ACT: 1997 Week 3 Hansard (10 April) . . Page.. 904 ..

MR HUMPHRIES (Attorney-General and Minister for the Environment, Land and Planning) (4.16): Mr Speaker, again my advice is that this is superfluous, as the definition of "threatening process" embraces the thing that Ms Horodny is attempting to put into the legislation. I do not see an immediate or serious problem arising from it being inserted there, but I cannot guarantee that that is not the case. Again, I do not die in the ditch about this.

Amendment agreed to.

MS HORODNY (4.17): I move:

Page 4, line 11, after subclause (1) insert the following subclauses:

"(1A) Section 46 of the Principal Act is amended by omitting subsection (1) and substituting the following subclause:

`(1) Subject to subsection (2), a conservation officer may enter land and carry out on the land such investigations and examinations in relation to animals or plants on the land as the conservation officer considers necessary or desirable for the purpose of -

(a) ensuring the protection and conservation of native animals or native plants; or

(b) controlling the propagation of pest animals or pest plants.'.

(1B) Section 47 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:

`(1) The Conservator may give the occupier of land directions for -

(a) the protection or conservation of native animals, native plants and native timber on the land; and

(b) controlling the propagation of pest animals and pest plants on the land.'.".

This amendment alters sections 46 and 47 of the Nature Conservation Act regarding conservation officers entering land and giving directions to the land occupier. This amendment allows officers to enter land and give directions regarding the control of pest plants and animals, in addition to their existing powers to enter land and give directions regarding the protection of native plants and animals. In other words, inspectors can already go onto rural land to enforce protection. Again, threatening processes should be included. I know the Minister has said that that is naturally included, but I think it does not hurt to spell it out in the law.

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