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Legislative Assembly for the ACT: 1997 Week 5 Hansard (15 May) . . Page.. 1452 ..

MR HUMPHRIES (continuing):

Integration with the development and building application processes under the Land (Planning and Environment) Act 1991 is another feature of this legislative package. Rather than require separate applications, an application under the Land Act that has environment protection implications will be referred to the Environment Management Authority for comment. The authority will initiate discussions with the proponent, if necessary. For development applications involving an environmental authorisation, this can be issued at the time the development application is approved, on condition that the activity not commence until all environmental requirements are met. This will provide business certainty, particularly for new businesses.

Although I have emphasised cooperation with business in meeting environmental standards, I want to stress also that the Government will not resile from taking tough action where necessary. We would want it to be a last resort, but the tools for tough action are there if they are needed. The EMA will be able to impose tough licence conditions on those with a poor environmental record. Those conditions might include a compulsory environmental audit, improvement plan or financial assurance, which is a kind of environmental bond. Of course, if the record is bad enough, the licence can be refused or cancelled. If the damage has already been done, there are fines of up to $1m for pollution which causes serious environmental harm. There is also provision for environment protection orders, clean-up orders and injunctive orders by the court.

The Bill will be supported by subordinate legislation in the form of regulations. Regulations usually contain the detail of regulatory frameworks, and the exposure draft regulations I have just tabled for public comment are no exception. The regulations are, however, a vital part of this legislative package and contain a number of innovations. The regulations contain or incorporate ambient water and air standards. These are important policy benchmarks and will be updated as national environment protection measures are made, commencing later this year.

For the first time, the laws of the Territory will treat hazardous materials as a single group of environmentally harmful substances. Some hazardous materials, such as pesticides and ozone depleting substances, have been regulated for some time. Treating them as a category in themselves will make it easier to introduce frameworks for dealing with substances not previously regulated, such as polychlorinated biphenyls, or PCBs as they are commonly known. The draft regulations also contain a completely new framework for managing environmental noise. They also prohibit backyard burning. Finally, the draft regulations contain a number of on-the-spot fine provisions to deal with minor matters at both the neighbourhood and commercial levels.

Mr Speaker, I conclude by saying that this is a major piece of legislation that will enable the ACT to apply national best practice in environment protection. I welcome the close scrutiny the Bill will undoubtedly receive, and I hope that members will acknowledge the enormous advance that this Bill represents on previous measures to regulate and enhance the protection of our environment. I commend the Bill to the house.

Debate (on motion by Mr Corbell) adjourned.

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