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Legislative Assembly for the ACT: 1997 Week 13 Hansard (4 December) . . Page.. 4542 ..

MR KAINE (continuing):

Mr Speaker, this Bill amends the Roads and Public Places Act of 1937 in relation to providing control over the placement of objects in a public place. The Bill provides a procedure, other than prosecution, that can be utilised to exercise control over the placement of objects in a public place, thereby ensuring the maintenance of public access and amenity.

The current legislation does not allow for the removal of objects where a permit has not been issued. The Bill will provide a mechanism for the issue of an order to remove objects placed in a public place without a permit. The format of the order will provide the opportunity for a person to apply for a permit. Refusal to issue a permit gives the applicant the right to seek review of the decision by the Administrative Appeals Tribunal. Mr Speaker, the Bill provides an administrative solution to the removal of objects placed in a public place without a permit.

Debate (on motion by Mr Wood) adjourned.

MR MOORE (10.59): Mr Speaker, I move:

That the Environment Protection Regulations (Subordinate Law No. 36 of 1997) made under the Environment Protection Act 1997 be amended by omitting from subclause (2) of Item 10 of Table 2 in Schedule 2 at page 27 "50 dB(A)" and substituting "45 dB(A)".

Mr Speaker, I am in a particularly difficult situation because only a couple of minutes ago I saw land on my desk an amendment to be moved by Mr Corbell to my motion. This has taken me quite by surprise, I must say, because Mr Corbell has stood up with the committee and said, "We will do exactly what the committee has recommended; we will not move from the committee's position", and the first time I know about it is when it appears in writing on my desk two minutes before I am due to debate the issue. I think it is an appalling approach to the Assembly. I must say that I am incredibly surprised at Mr Corbell's action. I have worked with him on many issues on which we have had differences and I have actually understood what he was trying to achieve, but this is not consistent with the approach that he has taken again and again. However, I will listen to his part of the debate and try to understand why it is that he wants to amend the motion.

Mr Speaker, the Standing Committee on Planning and Environment considered this issue in great detail. The results of our consideration can be found on pages 90, 91 and 92 of the report of the Standing Committee on Planning and Environment on the Environment Protection Bill 1997 and the consequential provisions Bill. We identified from submissions of the Ridgeway Residents Action Group that the background noise at the Ridgeway has been very thoroughly established at between 36 and 37 decibels.

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