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Legislative Assembly for the ACT: 2001 Week 10 Hansard (30 August) . . Page.. 3916 ..

In this part:

code of practice means a code that sets out ways of achieving compliance, having regard to relevant best practice, with the general environmental duty by a person who-

(a) conducts a harmful activity; or

(b) conducts a group of related harmful activities; or

(c) is engaged in an industry in which some or all activities are harmful activities.

consultation period-see section 31A (1).

harmful activity means an activity that causes or is likely to cause environmental harm.

31A Consultation before accrediting codes of practice

(1) If the Minister proposes to approve a code of practice, the Minister must prepare a written notice-

(a) containing a brief description of the proposed code; and

(b) stating where copies of the proposed code may be inspected and obtained; and

(c) inviting anyone to make written suggestions or comments about the proposed code to the Minister, at the place stated in the notice, within 40 working days after the day the notice is published in a daily newspaper (the consultation period).

(3) The notice is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act 2001.

(4) The Minister must also publish the notice in a daily newspaper.

(5) During the consultation period, the Minister must make copies of the proposed code of practice available in accordance with the notice.

(6) The Minister must send a copy of a proposed code of practice, without charge, to-

(a) the Conservation Council of the South-East Region and Canberra (Inc.); and

(b) the Canberra Business Council Inc.

31B Consideration of suggestions etc and revision of proposed code of practice

(1) The Minister must consider the suggestions and comments made to the Minister during the consultation period about the proposed code of practice.

(2) The Minister may, in writing and in accordance with any of the suggestions or comments-

(a) revise the proposed code of practice; or

(b) if the proposed code of practice had not been prepared by the Minister-ask the person who had prepared it to revise it.

31C Accreditation of codes of practice

(1) After complying with sections 31A and 31B in relation to a proposed code of practice, the Minister may, in writing, accredit the code of practice.

(2) An accredited code of practice is a disallowable instrument.

Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

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