Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .

Legislative Assembly for the ACT: 1998 Week 10 Hansard (26 November) . . Page.. 3122 ..

Clauses 65 and 66, by leave, taken together, and agreed to.

Clauses 67 to 69, by leave, taken together, and agreed to.

Clause 70

MR SMYTH (Minister for Urban Services) (5.44): I move amendment No. 18 circulated in my name:

Page 36, line 22, subclause (3), after "damage", insert "by the Authority".

Clause 70 is modified by this amendment to ensure that it is clear that damage which is compensated by the Government is only damage caused by the authority and not damage caused by others.

Amendment agreed to.

MS TUCKER (5.44): I move amendment No. 15 circulated in my name:

Page 36, line 22, subclause (3), omit "caused in", substitute "in excess of that which could reasonably be expected to occur as a consequence of".

This amendment makes changes to the compensation provisions of the Bill. My amendment to proposed subsection 70(3) makes clear that compensation would only be payable for damage beyond what would reasonably occur in the performance of water investigations. I am concerned that the current wording of this proposed subsection is too general and that the Territory could end up being held liable for virtually any water investigation activity on private property even when the investigation activity is being legitimately carried out.

MR SMYTH (Minister for Urban Services) (5.45): I think the amendment is perhaps a bit superfluous, but the Government has no objection to it.

Amendment agreed to.

MS TUCKER (5.46): I move amendment No. 16 circulated in my name:

Page 36, line 23, add the following subclause:

"(4) Compensation is not payable under this section in respect of the modification or removal of a dam, embankment, wall or other structure constructed after the commencement of this section.".

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .