Page 4249 - Week 13 - Thursday, 27 November 2014
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new clauses 312A to 312D [see schedule 2 at page 4276]. These provisions are required as a consequence of the Planning and Development (Bilateral Agreement) Amendment Act 2014 having been adopted by this Assembly. The bilateral agreement amendment act provides a new part 8A to the Nature Conservation Act 1980. The provisions at clause 10 will transfer those provisions from chapter 8A to a new chapter 12A of the Nature Conservation Act 2014. The purpose of the new chapter was to clarify through notes the conservator’s role in the Planning and Development Act 2007 as a result of the amendments.
The amendments state the requirements for the conservator’s advice, including what should be included and what information should be considered. The conservator’s advice must be based on relevant policy, plan or guideline documents that relate to protected matters or matters of national environmental significance. Conservator advice in this context is advisory in nature, not regulatory. This amendment aims to establish a statutory basis for that advisory role within the primary legislation that creates the position of the conservator.
Amendment agreed to.
Proposed new chapter 12A including proposed new clauses 312A to 312D agreed to.
Clause 313.
MR CORBELL (Molonglo—Attorney-General, Minister for Police and Emergency Services, Minister for the Environment and Minister for Capital Metro) (5.45): I move amendment No 11 circulated in my name [see schedule 2 at page 4278]. Clause 313 responds to the scrutiny of bills committee’s concerns about the strict liability offence at clause 314 which relates to an offence if someone does not provide a name and address. Conservation officers need to establish the identity of a person to be able to enforce the act.
However, to reduce or remove the chance of inadvertent non-compliance, this clause proposes to insert a requirement that the direction to provide a name and address needs to be provided in a way that a person is able to understand. This aims to address the scrutiny of bills committee’s concerns about the strict liability offence at clause 314 while still allowing conservation officers to be able to seek names and addresses.
Amendment agreed to.
Clause 313, as amended, agreed to.
Clauses 314 to 325, by leave, taken together and agreed to.
Clause 326.
MR CORBELL (Molonglo—Attorney-General, Minister for Police and Emergency Services, Minister for the Environment and Minister for Capital Metro) (5.47): I move amendment No 12 circulated in my name [see schedule 2 at page 4278]. This amendment relates to the offence of failing to comply with the conservator’s
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