Legislative Assembly for the ACT: 1998 Week 10 Hansard (26 November) . . Page.. 3123 ..
MS TUCKER (continuing):
My second amendment relating to compensation adds a new subsection to proposed section 70 to make clear that compensation would be payable only for any required modification to dams and other water structures built before this Act comes into effect. I can accept that dams built in the past, when we did not have as much knowledge as we do now about water management, may not have been built in a way that allowed modification and that it would be unfair to make a private owner pay for changes to a dam that had been legally built in the past. However, any new dam should be designed in the first place to take account of potential restrictions on taking water in the future. I therefore see no reason for the Government having to compensate the owners of new dams. Anybody who builds a new dam from now on should accept the risk that at some time in the future their water supplies may need to be reduced for environmental reasons.
MR CORBELL (5.46): The Labor Party will be supporting this amendment. It is a sensible clarification of the obligations of the Territory.
MR SMYTH (Minister for Urban Services) (5.47): The Government will not be supporting this amendment simply because any dam or structure that is built after the commencement date of the Act would have been approved by the Government, so that it would have been built in good faith by those that applied to build it. If in the future there is a need to change the said structure, it is only fair and reasonable that when you have built something with the approval of the Government and the Government tells you to remove it you should be compensated.
Clause, as amended, agreed to.
Clause 71 agreed to.
Clauses 72 and 73, by leave, taken together, and agreed to.
Proposed new clause 73A
MR SMYTH (Minister for Urban Services) (5.49): I move amendment No. 19 circulated in my name:
Page 38, line 28, insert the following new clause in Part IX:
"73A. Review of Act
(1) The Minister shall review the operation of this Act as soon as possible after the period of 2 years after the date of commencement of section 3.
(2) A report on the outcome of the review shall be tabled in the Legislative Assembly within 6 months after the end of the period of 2 years.".