Page 3862 - Week 12 - Thursday, 30 October 2014
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I would like to thank the scrutiny of bills committee for its consideration of the bill. I welcome the committee commending the proposal to provide for enforceable undertakings as an alternative to criminal prosecutions for an offence against division 15.1 of the act. I also thank the committee for querying the appropriateness of deeming as a strict liability offence failing to comply with a court order following a contravention of an enforceable undertaking. It was not the intention to make this offence strict liability, and, therefore, I have circulated a proposed government amendment to proposed section 136K(4) which would have the effect of removing this provision from the bill.
The ACT is blessed with a great natural environment. It is one of the defining aspects of our city and something the community expects the government to protect—clean air, clean land, clean water. The Environment Protection Act serves the territory well to minimise environmental harm and to protect the environment, but regulatory practice can always be improved and the updating of environmental laws is necessary over time, particularly as we learn from experiences and practices from other jurisdictions.
This bill contemporises the Environment Protection Act and its regulation. It addresses recommendations from the review of the territory’s environment protection laws, it provides for alternatives to criminal prosecutions by creating enforceable undertakings, and it provides an additional review mechanism for Environment Protection Authority decisions.
I commend the bill to the Assembly.
Question resolved in the affirmative.
Bill agreed to in principle.
Detail stage
Bill, by leave, taken as a whole.
MR CORBELL (Molonglo—Attorney-General, Minister for Police and Emergency Services, Minister for the Environment and Minister for Capital Metro) (12.15): Pursuant to standing order 182A(c), I seek leave to move together amendments to this bill that are in response to comments made by the scrutiny of bills committee.
Leave granted.
MR CORBELL: I move amendments Nos 1 to 3 circulated in my name together and table a supplementary explanatory statement to the government amendments [see schedule 2 at page 3919]. The government proposes three amendments to this bill. One of the amendments responds to a query raised by the Standing Committee on Justice and Community Safety; two other amendments are urgent, and minor and technical, inserting into the bill a key principle found in all modern environment protection laws.
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