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Legislative Assembly for the ACT: 1997 Week 12 Hansard (13 November) . . Page.. 4189 ..

MR HUMPHRIES (continuing):

(2) A notice under subsection (1) shall contain a statement to the effect that a copy of the environmental protection agreement is available for public inspection in accordance with section 20.".

Page 21, line 23, clause 43, subclause (2), omit "the court shall only have regard to the environmental harm caused by the excess pollutant", substitute the following:

"the court shall have regard to all the circumstances of the offence including -

(a) the conditions of the environmental authorisation; and

(b) the environmental harm caused by the excess pollutant.".

Page 22, line 19, after clause 35, insert the following clause in the Bill:

"Public consultation

45A. (1) Subject to subsection (2), the Authority shall, within 10 working days after receiving an application under section 45, publish in the Gazette and in a daily newspaper a notice -

(a) containing a brief description of the prescribed activity to which the application relates and its location;

(b) indicating where copies of the application may be obtained; and

(c) inviting any person who wishes to do so to make written submissions to the Authority not later than the date specified in the notice, being a day not less than 15 working days after the date of the notice.

(2) The Minister may, by instrument, specify a prescribed activity as one to which subsection (1) shall not apply.

(3) An instrument under subsection (2) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.".

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