Page 5909 - Week 14 - Thursday, 8 December 2011
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consultation about conditions such as the application of a financial assurance. The reformed legislation includes a clearer framework for the permit system. The detailed administrative arrangements which will underpin the permit system will be set out in policy and procedure. These arrangements will be developed in consultation with stakeholders.
The enforcement mechanisms, the powers of authorised officer positions, have also been reviewed. Under the bill, it is proposed that authorised officers will have template regulatory powers, including the power to give directions to people using a public place. The bill introduces a number of strict liability offences and a provision for the issuing of infringement notices to be supported by an appropriate Magistrates Court regulation. The offences potentially apply to people who choose to engage in the regulated activity or are on notice that they are engaging in the activity. They are offences which seek to ensure compliance and deter aberrant behaviour.
Compliance with the provisions of the bill will be important to ensure the safety of the community and the amenity and protection of public unleased land. The bill engages a number of human rights, most notably the right to freedom of movement. Under the Human Rights Act everyone has the right to move freely, including access to public parks, roads and spaces. A right to freedom of movement is not an absolute right and can be subject to reasonable limits set by the law and which can be justified in a free and democratic society.
By issuing permits and approvals for the exclusive use by a permit holder, the permit excludes other people who would normally have a right to use the space. In addition, it controls the activities that can be undertaken in public places and the conditions under which the activities can occur. This is a necessary and rational response to regulating the use of public unleased land. It ensures that the land remains undamaged and protected from unauthorised interference so that it can be enjoyed and accessed appropriately by everyone in the community. It also ensures that activities are undertaken safely and with minimal interference to other people.
The bill seeks to ensure an orderly approach to the balancing of rights in the community. As part of the decision-making process, the bill provides for the opportunity to notify and consult with other relevant people who may be affected by the issuing of a permit. Other human rights matters are addressed in the explanatory statement to this bill.
Preliminary consultation with peak bodies whose members may be affected by the new permit arrangements has been undertaken. Further consultation on the detail of arrangements will continue. I understand that the permit system can be a contentious issue as business, particularly small business for example operating outdoor cafes, may be affected by changes to the current system.
To summarise, the government’s position is that if a person is a suitable person to hold a permit and the activity is a suitable activity then the government holds to the view that it should facilitate the use of public unleased land consistent with the broad framework that the bill will introduce. The bill should ensure a modern, effective and human rights compliant system for dealing with the many uses of public unleased land. I commend the bill to the Assembly.
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