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Legislative Assembly for the ACT: 1998 Week 10 Hansard (26 November) . . Page.. 3117 ..

Clause 28

MR SMYTH (Minister for Urban Services) (5.29): I ask for leave to move amendments Nos 7, 8 and 9 circulated in my name, together.

Leave granted.

MR SMYTH: I move:

Page 14, line 18, paragraph (1)(c), omit "or".

Page 14, line 20, paragraph (1)(d), add "or".

Page 14, line 20, after paragraph (1)(d) insert the following paragraph:

"(da) is adversely affecting the environment;".

These amendments act together to change clause 28 to increase the reasons available to the Minister to limit the taking of water or to require changes to dams to include adverse effects on the environment. That will ensure that the taking of water is not harming the environment in ways not directly related to water flow during a drought. For instance, it is important that such dams do not unnecessarily restrict the movements of fish within a stream. Compensation is still provided to cover the removal of an existing dam where the owner could not have anticipated the need to have built it differently.

Amendments agreed to.

MR SMYTH (Minister for Urban Services) (5.30): I move amendment No. 10 circulated in my name:

Page 15, line 11, subclause (6), omit "Authority" (last occurring), substitute "Territory".

Mr Deputy Speaker, amendment No. 17 makes the same change to clause 64. Amendment No. 10 changes subclause 28(6) so that a debt under these provisions is due to the Territory rather than the authority, since it is the Territory, not the authority, which can accumulate financial liabilities.

Amendment agreed to.

Clause, as amended, agreed to.

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