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Legislative Council - Fifty-First Parliament, Second Session (51-2)
2008-07-24 Daily Xml
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ENVIRONMENT PROTECTION (MISCELLANEOUS) AMENDMENT BILL

Final Stages

The House of Assembly agreed to the bill with the amendment indicated by the following schedule, to which amendment the House of Assembly desires the concurrence of the Legislative Council:

New clause, page 16, after line 18—After clause 18 insert—

18A—Amendment of section 103N—Special management areas

Section 103N(1)(a)—delete 'proclamation' wherever occurring and substitute in each case:

notice

Consideration in committee.

The Hon. P. HOLLOWAY: I move:

That the House of Assembly's amendment be agreed to.

This is a simple technical amendment which seeks to delete 'proclamation' wherever occurring and substitute in each case 'notice'.

The Hon. D.W. RIDGWAY: Having only just been advised of this, I will take the government at its word which I have not always done—a bit reckless perhaps. It seems reasonable and sensible that this is a substitution of the word 'proclamation' for 'notice' in section 103N—Special management areas. It appears that it is a minor amendment, and the opposition will support it.

The Hon. R.D. LAWSON: Can the minister indicate why this amendment was necessary? What is the difference between, in this particular context, a proclamation and a notice?

The Hon. P. HOLLOWAY: Section 103N—Special management areas, provides:

(1) If the authority has reason to believe that site contamination of a particular kind exists in a wide area, or in numerous areas, as a result of the same activity or proximate or related activities, the Authority may by notice in the Gazette—

(a) declare that the area or areas described in the proclamation may be affected by site contamination described in the proclamation; and

(b) declare the area or areas to be a special management area or special management areas for the purpose of this section.

So, whereas the first part of subsection (1) refers to a notice in the Gazette, the subsequent subparagraphs refer to 'proclamation'. That is obviously a typographical error, and that is simply all that is being sought to be corrected here.

Motion carried.

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