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Legislative Assembly for the ACT: 2004 Week 05 Hansard (Thursday, 13 May 2004) . . Page.. 1915 ..

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

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

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

(v) 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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