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Legislative Assembly for the ACT: 2001 Week 10 Hansard (30 August) . . Page.. 3917 ..

7

Proposed new clause 7H

Page 3, line 6-

After clause 7, insert the following new clause:

7H Deemed compliance with general environmental duty

Section 33

omit

section 31 (1)

substitute

section 31C (1)

8

Proposed new clause 7I

Page 3, line 6-

After clause 7, insert the following new clause:

7I Section 38

substitute

37A Consultation on proposed environmental protection agreement

(1) If the authority proposes to enter into an environmental protection agreement, the authority must prepare a written notice-

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

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

(c) inviting anyone to make written suggestions or comments about the proposed agreement to the authority, 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).

(2) The notice is a notifiable instrument.

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

(3) The authority must also publish the notice in a daily newspaper.

(4) During the consultation period, the authority must make copies of the proposed environmental protection agreement available in accordance with the notice.

37B Consideration of suggestions and comments

(1) The authority must consider the suggestions and comments made to it during the consultation period about the proposed environmental protection agreement.

(2) In this section:

consultation period-see section 37A (1).

38 Entering into environmental protection agreements

(1) After complying with sections 37A and 37B in relation to a proposed environmental protection agreement, the authority may, for relevant purposes, enter into the environmental protection agreement in relation to an activity with the person who is conducting or proposing to conduct the activity.

(2) In this section:

relevant purposes means-

(a) the purposes of section 42 (2) (a); or

(b) otherwise for the purposes of giving effect to the objects of this Act.

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