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Legislative Assembly for the ACT: 2001 Week 10 Hansard (30 August) . . Page.. 3914 ..

Schedule 8

Environment Protection Amendment Bill 2001

Amendments circulated by Ms Tucker

1

Clause 2

Page 2, line 4-

Omit the clause, substitute the following clause:

2 Commencement

This Act commences on the day it is notified in the Gazette or immediately after the commencement of the Legislation Act 2001, section 18 (ACT legislation register), whichever is later.

2

Proposed new clause 5A

Page 2, line 21-

After clause 5, insert the following new clause:

5A Section 4 (1), definition of environment improvement initiative, paragraph (a)

omit

section 31

substitute

section 31C

3

Proposed new clause 7A

Page 3, line 6-

After clause 7, insert the following new clause:

7A Section 23

substitute

23 Duty to notify actual or threatened environmental harm

(1) This section applies if a person becomes aware that an activity has caused, is causing or is likely to cause serious or material environmental harm that is not authorised under this Act or another Territory law (the environmental situation).

(2) As soon as reasonably practicable after becoming aware of the environmental situation, the person must tell the authority about-

(a) the environmental situation and its nature; and

(b) if the person is the person who has conducted or is conducting the activity-the action taken, or being taken, to deal with the situation and any environmental harm caused, being caused or likely to be caused.

(3) A person must not, without reasonable excuse, contravene subsection (2).

Maximum penalty: 50 penalty units.

(4) A person is not required to comply with subsection (2) if the person believes on reasonable grounds that an authorised officer is already aware of the environmental situation.

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