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Legislative Assembly for the ACT: 1998 Week 10 Hansard (26 November) . . Page.. 3120 ..

Clauses 62 and 63, by leave, taken together

MR SMYTH (Minister for Urban Services) (5.38): I move:

Page 32, line 3, subclause (1), omit "in a waterway" (first occurring).

This amendment, which changes clause 62, results from discussions which have occurred about recently constructed farm dams in ACT streams. Previously a construction permit was required only for certain water control structures within streams. The discussions have identified the need to require permits for dams and other structures constructed off-stream where these have significant impacts on the water flows.

Amendment agreed to.

MR SMYTH (Minister for Urban Services) (5.39): I move amendment No. 14 circulated in my name:

Page 32, line 9, subclause (2), omit the subclause, substitute the following subclause:

"(2) Subsection (1) does not apply to the construction or alteration of -

(a) a dam not in a waterway, the capacity of which is less than 2 megalitres; or

(b) a prescribed water control structure.".

Amendment No. 14 replaces the existing subclause 62(2) with a new one which proposes that there be no requirement for a permit to construct a water control structure for farm dams of less than two megalitres not located on waterways which are necessary for normal stock watering or rural domestic need.

Amendment agreed to.

MR SMYTH (Minister for Urban Services) (5.40): I ask for leave to move amendments Nos 15 and 16 together.

Leave granted.

MR SMYTH: I move amendments Nos 15 and 16 circulated in my name:

Page 32, line 10, clause 62, add the following subclause:

"(3) In proceedings for an offence against subsection (1), a certificate purporting to be signed by the Authority stating that, on a particular date, there was, on land to which the proceedings relate, a dam, water storage or other water control structure, is evidence of the matters so stated.".

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