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Legislative Assembly for the ACT: 1997 Week 12 Hansard (13 November) . . Page.. 4187 ..


MR HUMPHRIES (continuing):

(3) If the Authority is satisfied that a ground referred to in subsectionÊ(1) exists for the exclusion of a document or part of a document, the Authority shall cause that part to be excluded from each copy of a document made available for public inspection under that subsection.

(4) Where a part of a document is excluded from the copy made available for public inspection, each copy shall include a statement to the effect that an unspecified part of the document has been excluded for the purpose of protecting the confidentiality of information included in that part.

(5) The Authority shall not permit the inspection of a document or part of a document under section 20 to which an application under subsection (1) relates -

(a) until 28 days after the Authority has made a decision under subsection (1) excluding or refusing to exclude all or part of the document from inspection; or

(b) if an application for review of that decision has been made to the Administrative Appeals Tribunal - until that matter has been determined by the Tribunal.".

Page 14, line 7, clause 22, subclause (2), omit the subclause, substitute the following subclause:

"(2) In determining whether a person has complied with the general environmental duty, regard shall first be had, and greater weight shall be given, to the risk of the environmental harm or environmental nuisance involved in conducting the activity, and, in addition, regard shall then be had to -

(a) the nature and sensitivity of the receiving environment;

(b) the current state of technical knowledge for the activity;

(c) the financial implications of taking the steps referred to in subsection (1);

(d) the likelihood and degree of success in preventing or minimising the environmental harm or environmental nuisance of each of the steps that might be taken; and

(e) other circumstances relevant to the conduct of the activity.".


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