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Legislative Assembly for the ACT: 1999 Week 9 Hansard (31 August) . . Page.. 2660 ..


MS TUCKER (continuing):

inconsistently done that Planning and Land Management had to take over this responsibility. The Assembly should not forget this history. The EMA has to take responsibility for managing the whole process of issuing orders and not leave it to those people receiving orders, who have a conflict of interest in wanting to minimise the cost of remediation and not wanting public intrusion. My amendments therefore require the EMA to manage the public consultation process.

Another problem with the Bill is that, while there is a process for issuing orders to persons who have control of the site, there is no process for the situation where the EMA is itself doing the assessment or remediation of so-called orphan sites. There is an assumption built into the Bill that the EMA will do the right thing and therefore no specific requirements need to be set for it. This is not a very accountable process. I am not questioning the EMA's motives, but there is always the danger that things will be overlooked and corners cut. The process to be followed by the EMA needs to be clear and transparent. I have therefore put in the requirement that the EMA must also consult with neighbours if it is doing its own assessment or remediation.

Amendments agreed to.

MR SMYTH (Minister for Urban Services) (5.53): Mr Corbell has indicated that the Labor Party is happy with all my amendments as long as they do not clash with or undo what Ms Tucker has just moved. I refer both Mr Corbell and Ms Tucker to my amendment No. 5. Ms Tucker has deleted paragraph (zcc). I have substituted a new paragraph (zcc). That would be the only place where we are in conflict. Can you live with (zcc), Mr Corbell and Ms Tucker? If so, I will move my amendments together.

MR SPEAKER: Ms Tucker, you have not moved your amendment No. 8 yet.

Ms Tucker: I am just wondering whether I have to.

MR SPEAKER: That amendment is in conflict with Mr Smyth's amendment No. 5.

MR SMYTH: Do you prefer yours or mine?

Ms Tucker: I will not move mine.

MR SMYTH: Mr Speaker, I seek leave to move all my amendments together.

Leave granted.

MR SMYTH: I move:

Clause 16 -

Page 9, line 8, proposed new subsection 91B(1), before "include", insert "the Authority shall".

Page 13, line 24, proposed new subsection 91E(1), omit the subsection, substitute the following subsection:

"(1) The Authority may, on application in writing by a person on whom an order is served under subsection 91C(1) or 91D(1)


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