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Legislative Assembly for the ACT: 1997 Week 13 Hansard (4 December) . . Page.. 4597 ..

MS McRAE (continuing):

Labor believes this is a very positive and strong move for the motor sport industry, because it will give them a chance, outside the realms of the Assembly, to have their case tested and to have their capacity to run their sport properly clearly defined in the way it is actually done in New South Wales. It puts them on the same footing as New South Wales race parks and other similar activity, in that, whilst our environmental laws are now in keeping with and at the same level of discipline and requirement as the New South Wales laws, in fact, what happens with motor racing in New South Wales is that each of the racetracks is licensed; and then they have very specific conditions of licence which allow the number of days, the level of noise exemption permitted and the type of activity that can be conducted.

We believe that, by taking it out of the regulatory framework that is proposed by the Minister and even by Mr Moore, we are putting this racing industry on the same footing as every other racing industry, every other activity and then every other activity in the ACT. We are giving them the same capacity to run their racetrack as happens in New South Wales and, therefore, are giving residents the same rights as New South Wales residents actually have, were the racetrack to be in New South Wales. For racetracks in New South Wales, the provisions are usually 10 decibels above background; and licences then determine the number of events per year and the timing of events per year. We on this side of the house believe this is a fair and reasonable amendment to Mr Moore's motion which will have the result of removing the regulation from existence entirely - we just will not have a regulation at all - and will put the Motorsport Council on the same footing as similar bodies in the ACT.

It will give the residents who are affected by it the chance to contest the conditions of the licence, if they so wish, in the AAT. They have a capacity to argue the case if they feel the conditions are unfair. Were we to proceed with the regulation as is required by the Government, this is not a right that would then be extended to the residents; it would not be anything that they could do anything further about. So, we feel this is a much fairer, more uniform approach to racing and to noisy motor sports within the ACT and a much fairer way to deal with the cross-border issues that have emerged as this debate on the Environment Protection Bill and the management of motor sport in the ACT has ensued.

I grant that it is by no means a straightforward proposition. I think the issues that have been raised are serious ones. I am not in the business of calling people names, as other people in this debate have done. I think each of the groups that have raised objections has every right to raise objections. Each of us has a right to determine what is our own level of amenity and what rights we have, whether we live in New South Wales, as Mr Moore has continually pointed out, or in the ACT. But we believe the amendment that we are putting forward today offers a solution that is logical within the context of the environment legislation in the ACT, because it is consistent with the way that other motor sports are treated within the ACT; it is logical compared with the way motor sports are treated in New South Wales. Although their environment protection laws in regard to noise pollution are the same as ours, they offer specific licensing for their racetracks and, therefore, offer a level of exemption and flexibility for each of those racing industries. So, from the sport point of view, I believe the amendment that Mr Corbell is putting forward is the logical one that offers the security that everybody wants, plus some added rights for residents to appeal to the AAT. I commend the amendment to the Assembly.

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