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Legislative Assembly for the ACT: 1997 Week 11 Hansard (5 November) . . Page.. 3646 ..

MR HUMPHRIES (continuing):

I think that the structures of appeal and so on probably contribute to that hesitancy on the part of officers of Urban Services. But, whatever the reason, I can indicate that the Government certainly has the view that these sorts of things ought to be prosecuted where appropriate.

I will take notice of what action has been taken to enforce the Land Act in respect of this particular block. I cannot recall whether this was the same block; but I recall, in the last 12 months, indicating that a certain timeframe would be given to a particular householder to comply with the Act or action would be taken. If this is the same block, then that time would be either up or close to being up. If that is the case, then I would expect enforcement action to be taken against them.

MR MOORE: Mr Speaker, I have a supplementary question on compliance orders. Minister, I wonder how you perceive the use of compliance orders, when you see all around Canberra an expansion of things such as front fences, particularly since you have been Minister. I wonder why you have not used compliance orders, when clearly such things are not part and parcel of Canberra.

MR HUMPHRIES: Mr Speaker, I do not know that I have observed any proliferation of front fences since I have been Minister. I am aware of some front fences that are around this town, which probably predate - - -

Mr Moore: There has been a proliferation since you have been Minister; there is no doubt about it.

Mr Kaine: Have you been down and had a look at Michael's place lately?

MR HUMPHRIES: No. Probably Reid is one of those places where fence offences are quite common. But I am aware of some fences. I am not aware of any having gone up during my stewardship of this office. From time to time, I have been written to by members of this place about enforcing provisions. I have always said to my department in those circumstances that I consider that those provisions should be taken seriously and that we obviously should give leaseholders adequate time to remedy their breach; but, if they will not do that, then we should make sure that they do so. I have often involved myself in negotiations directly with parties in those circumstances to get them to comply. I am pleased to say that in most cases they do comply through persuasion, rather than having to have the heavy hand of the law come down on them.

Mr Moore might recall a particular incident involving a person with unauthorised sheds at the back of their premises. This received some publicity. It almost came to the point of having to send in police officers to tear the sheds down. Again, we went to the brink there and avoided a confrontation. I make it perfectly clear that we will have to have those confrontations if people will not ultimately do the right thing according to the legislation.

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