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Legislative Assembly for the ACT: 1998 Week 10 Hansard (26 November) . . Page.. 3121 ..

MR SMYTH (continuing):

Page 33, line 5, clause 63, subclause (8), omit the subclause.

These amendments act together to change clause 62 to correct a reference about an offence. The change means that certified evidence referred to in the amendment will apply in relation to the offence provision in subclause 62(1), as was originally intended.

Amendments agreed to.

MS TUCKER (5.41): I move amendment No. 12 circulated in my name:

Page 33, line 8, clause 63, add the following subclause:

"(9) Nothing in this section affects the operation of the Land (Planning and Environment) Act 1991.".

This amendment makes clear that the construction of any water control structures, such as dams, must still go through the development approval and environmental impact assessment process under the Land (Planning and Environment) Act 1991. It concerns me that the Bill gives the impression that to build a dam all you need to get is a permit, but there is a whole range of planning and environmental issues and community concerns that need to be resolved in any assessment of the building of a dam. These issues go way beyond the criteria listed in clause 63. The most appropriate mechanism to address these concerns is through the Land Act and not this Bill.

MR CORBELL (5.42): The Labor Party will be supporting this amendment.

MR SMYTH (Minister for Urban Services) (5.42): The Government will also support the amendment. The Bill has been drafted to be consistent with the Land Act and clarification of this nature is more than acceptable.

Amendment agreed to.

Clauses, as amended, agreed to.

Clause 64

MR SMYTH (Minister for Urban Services) (5.42): I move amendment No. 17 circulated in my name:

Page 33, line 31, subclause (4), omit "Authority" (last occurring), substitute "Territory".

Amendment No. 10 made the same change to subclause 28(6). Amendment No. 17 changes subclause 64(4) so that a debt under these clauses 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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