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Legislative Assembly for the ACT: 1997 Week 5 Hansard (15 May) . . Page.. 1454 ..


MR HUMPHRIES (continuing):

The Assembly will also recall that on 28 February 1996 it passed a resolution calling for a public inquiry into the use of chemicals for the control of pests, animals and pest plants in the ACT. Section 12 of the Commissioner for the Environment Act 1993 gives the commissioner the power to conduct investigations but does not provide for the hearings to be conducted in public. This Bill will allow the commissioner to conduct hearings in public if so directed by the Minister.

In his review of the legislation, the commissioner raised a concern about some perceived ambiguities and repetition about specific items to be addressed in his reports. I have therefore decided, in the interests of clarity and consistency, to adopt the same definition of "environment" as proposed for the Environment Protection Bill. The Bill will also remove an inconsistency in terminology where the existing Act provides for the commissioner to conduct investigations, yet paragraphs 21(a) and 21(c) and section 25 refer to an inquiry. The term "inquiry" is irrelevant and is either deleted or replaced with the term "investigation" in this Bill.

Mr Speaker, I believe that this Bill delivers on the Government's promise to improve state of the environment reporting in the ACT and to enhance the capacity of us all to recognise and act on environmental trends. I commend the Bill to the Assembly.

Debate (on motion by Mr Corbell) adjourned.

RESIDENTIAL TENANCIES BILL 1997

MR HUMPHRIES (Attorney-General) (10.56): Mr Speaker, I present the Residential Tenancies Bill 1997, together with its explanatory memorandum.

Title read by Clerk.

MR HUMPHRIES: Mr Speaker, I move:

That this Bill be agreed to in principle.

In September 1990 the then Attorney-General referred to the Community Law Reform Committee, the CLRC, a review of the Landlord and Tenant Act 1949, the Housing Assistance Act 1987, the Recovery of Lands Act 1929 and the general law directly relating to residential tenancy in the ACT. Attempts to review the law prior to self-government had failed, as the relevant stakeholders had not been effectively engaged in review processes.

After extensive consultation with the community, and in particular tenants, owners and agents, the CLRC issued Report No. 8: Private Residential Tenancy Law, which I will refer to as the report, in December 1994. Nearly 100 individuals made independent submissions following the release of the issues paper, with a further 80 supporting a submission from a local real estate agent. Over 40 organisations representing the public and private sectors made submissions. Submissions and comments from interstate and overseas organisations were also received.


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