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Legislative Assembly for the ACT: Week 5 Hansard (13 May) . . Page.. 1915..


(b) pay an amount to the Territory for reasonable costs incurred, or to be incurred, by the Territory in taking action-

(i) to mitigate the effect of the damage; or

(ii) to rehabilitate the land damaged as closely as possible to its condition before the damage; or

(iii) to monitor the outcome of action ordered under paragraph (a) or action mentioned in subparagraph (i) or (ii).

Schedule 4

Environment Legislation Amendment Bill 2004

Amendments moved by the Minister for Environment

1

Proposed new clauses 8A, 8B and 8C

Page 20, line 16-

insert

8A Section 74

omit

Application

substitute

(1) Application

8B New section 74 (2) to (6)

insert

(2) However, subsection (1) does not apply to a decision if the Minister declares the decision not to be subject to review by the administrative appeals tribunal under subsection (3).

(3) The Minister may, in writing, declare that a particular decision mentioned in subsection (1) (d), (f), (g) or (h) is not subject to review by the administrative appeals tribunal.

(4) The declaration is a disallowable instrument.

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

(5) If the conservator makes a decision and the Minister makes a declaration under subsection (3) in relation to the decision, the conservator must give written notice of the decision to the person whose interests are affected by the decision.

(6) A notice under subsection (5) must include a statement explaining that a declaration under subsection (3) has been made in relation to the decision and the effect of the declaration.


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