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Legislative Assembly for the ACT: 1997 Week 12 Hansard (11 November) . . Page.. 3924 ..

MR HUMPHRIES (continuing):

In tabling the detail of the Government's response to each of the committee's recommendations, I should highlight some of the more important principles underlying the Government's support for the committee's recommendations. First, a full six months will be taken to prepare for commencement, during which time we will conduct a comprehensive public and industry awareness campaign. Secondly, provisions will be included to ensure that statutory decisions are taken independently of the Government, except where the Minister intervenes formally and in a transparent and accountable way. Thirdly, the powers of authorised officers under the Bill should be less extensive when officers conduct routine inspections than when they act on reasonable suspicions of serious breaches of the Act. Fourthly, key regulatory decisions should be notified publicly in the press and details of key records and decisions should be publicly available for inspection but without laying bare the commercial activities of regulated businesses. For this reason, we agree that the Bill should include a mechanism under which businesses can apply to the Environment Management Authority to keep confidential sensitive information which would otherwise automatically be available to the public.

The Government notes the spirit of compromise adopted by the committee and has made compromises itself in developing this response. For example, we have accepted in substance the committee's recommendation that applications for the authorisations be formally notified and submissions sought. In discussion, the committee has agreed that this two-stage process would not apply to more routine applications such as those relating to ozone, pest control or fire hazard reduction. As with all the provisions of the Environment Protection Bill, I will be evaluating the effectiveness of this provision. It is my intention - and I have the full support of the Planning and Environment Committee - that a statutory review of this legislation be conducted within two years of its commencement and that the findings of this review be brought into the Assembly within six months of that time.

I also wish to advise that in discussions with the committee agreement has been reached on including economic and social considerations in the objects clause. The Government was very strong in its commitment to integrating economic, social and environmental considerations in decision-making and so too was the committee, and they have agreed to an amendment to their recommendation. As was the case with a number of other recommendations, there was entire agreement on the principles and the goals. The differences lay in the method of giving effect to those principles or achieving those goals. The emphasis on integration of economic, social and environmental considerations in decision-making should be welcomed by all the stakeholders, including business.

On the disagreed recommendations, the Government adheres to its decision to provide for a noise limit for motor sports at Fairbairn Park that is five decibels higher than the general limit. On the issue of noise averaging at the boundaries of different noise zones, the Government has undertaken to provide the committee with information on what residences will be affected by this averaging and to hold further discussions. It is my intention to table the amended Environment Protection Regulations in the December sitting period to enable debate to occur in the term of this Assembly. It goes without saying that the Government will be moving amendments to give effect to all the recommendations which we have supported or reached agreement with the committee about at the round table discussion. I believe that we are now well placed for a full and informed debate on the Environment Protection Bill 1997.

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