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Legislative Assembly for the ACT: 1999 Week 10 Hansard (13 October) . . Page.. 3095 ..
MS TUCKER (continuing):
Perhaps if there was more expertise in that position, they would not have regarded that lack of detailed knowledge as acceptable. It certainly would not be acceptable to a scientist who was interested in proper methodology and evidence. The committee also stated:
The duty of the Conservator is to protect and conserve, not to balance the competing claims of conservation, recreation and other activities.
Secondly, in the committee's report on the draft management plan for Tidbinbilla Nature Reserve, the committee noted that the conservator had a curious role as both the proponent of building development in the reserve and also as the person who would be giving advice to PALM on the appropriateness of this development. The committee recommended that the approvals process should be buried, and I quote:
To ensure that the Conservator is not placed in a position where he or she is both the proponent of a developer and a provider of what is expected to be impartial advice about the conservation impact of the development.
There are, obviously, two points here. There is an issue around the role of the conservator. There can be seen to be a conflict in the role that is expected of this person. The reason that we have put this piece of legislation is at least to hopefully enable that person to be able to bring an informed, qualified and experienced view to creating and determining what a reasonable balance is. These sorts of concerns have come from the committee itself. They have also come from the broader environment movement. There has been some concern that the advice given by the conservator on nature conservation issues to the Government has not been frank and fearless on behalf of the environment, but was compromised by political imperatives. And that, in combination with the committee's statements, is the reason we put up this legislation.
Responding to the issue Mr Humphries raised about the Commissioner for the Environment: I remember well when the appointment was first made. There were comments made by environmentalists in the ACT about a marine scientist having that job. I think it is an issue that could be addressed at a later time. Obviously, Dr Baker is doing a good job at this stage. If you actually respect the need for these sorts of positions to always be filled by people with experience and an informed view to bring to the discussions, then you would not have a problem at all with having such a requirement around that position as well. It is a highly complex and technical area and it is not good enough to have the advice - qualified and experienced advice - only coming from further down the layer.
It is really useful if you have the person at the top also having experience and qualifications, so that the advice that is given to the politician or the Minister, who obviously cannot be qualified in everything, is informed and coming from a qualified position. I note that people have to be qualified to be on the Flora and Fauna Committee, so one does wonder why it would not be equally useful to have that requirement for the conservator. As I said, it is an extremely responsible role that this person has to take.
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