Environmental
Legislative Developments in the Territory
2006
Administrative
(Miscellaneous Amendments) Act 2006
(Sounds deathly boring but actually quite significant !) Associated
with the abolition of the independent Planning and Land Council.
Assisted in removing the requirement for the Minister for Planning
to consider the comments of the independent Planning and Land Council
prior to making a decision to approve a development that
had been "called-in" for special consideration
by the Minister rather than the planning authority, (with the associated
implication that planning appeal rights were removed). Amendments
were made by this Act to section 231 (1) of the Land (Planning
and Environment) Act 1991 (inserting new s.231(1)(g) via item
1.68.)
Civil
Law (Wrongs) Amendment Act 2006
Reform of Defamation Law in the ACT. Inserted new Chapter 9 into
the Civil Law (Wrongs) Act 2002.
Asbestos Legislation Amendment Act 2006
Asbestos
Legislation Amendment Act 2006 (No 2)
Motor
Sport (Public Safety) Act 2006
This bill has important implications around noise pollution and
the use of public monies to underwrite the insurance risks associated
with establishment of dedicated motor sports facilities (such as
a dragway) in the ACT.
Pest Plants and Animals Amendment Act 2006
CRUCIAL
BILL RELEASED AS EXPOSURE DRAFT:
Planning
and Development Bill 2006
This Bill will replace the Land (Planning and Environment) Act 1991,
the Territory's main Act for land use planning, environmental impact
assessment (EIA) and development control (ie use of planning conditions
for control of the environmental impacts of development).
Major reforms are proposed including winding back the public's right
to appeal against inappropriate developments. Also proposed is the
abolition of ACTPLA's capacity to require Preliminary Assessments
and their replacement by requirement for developers to produce Environmental
Impact Statements.
For more information
see:
EDO
August 2006 newsletter article
ACT
Planning Authority Public Consultation Home Page
2005
New Tree Protection Act 2005 Passes Assembly
The Tree
Protection Bill to replace the Tree Protection Interim Scheme
Act 2001 was introduced to the Assembly on 17 March 2005 and
the Bill was passed by the Assembly on 22 September 2005.
The
Tree Protection Act 2005 has a default commencement date of
29 March 2006. For further information visit the
legislation
register website.
To see a copy of the Act click here.
Domestic
Animals (Cat Containment) Amendment Act 2005
(as notified on 23 November 2005; to commence 23 May 2006)
The need to amend the Act to introduce additional provisions for
cat management has arisen from the Government’s decision to
declare the new suburbs of Forde and Bonner in Gungahlin, together
with the adjacent Mulligans Flat and Goorooyarroo Nature Reserves,
as an area where domestic cats must be permanently confined to their
keeper’s or carer’s premises, or within purpose-built
cat runs (enclosures), for twenty-four hours a day. The disallowable
instrument giving effect to this decision to declare a cat curfew
area took effect on 18 February 2005. The purpose of the declared
cat containment area is to reduce the effect of domestic cats in
Forde and Bonner as predators of endangered species in the nearby
Nature Reserves. These endangered species include four native bird
species listed as vulnerable under the ACT’s threatened species
legislation.
Court
Procedures (Protection of Public Participation) Amendment Bill 2005
(Private Members Bill introduced by Dr Foskey).
Bill presented 29 June 2005.
A bill intended to provide a mechanism to assess whether a law suit
is bona fide and to deter SLAPP suits (Strategic Litigation Against
Public Participation).
Dangerous
Substances (Asbestos) Amendment Act 2005
Litter
Amendment Act 2005
Pest
Plants and Animals Act 2005
Water
Efficiency Labelling and Standards Act 2005
Water
Resources Amendment Act 2005
Bill presented 5 May 2005.
The purpose of this Act was to make amendments to the Water
Resources Act 1998 to enable public water utilities to be licensed
to take water in a manner required to effectively manage the ACT
domestic supply and to establish a moratorium on further granting
of access of water. Notably it provides that a declaration made
by the Minister under clause 63A does not create a right, and once
a decision is made it is final and conclusive. The Act also amends
the ADJR Act to remove certain appeal rights.
2004
Heritage
Act 2004
New stand-alone legislation which has repealed heritage provisions
in Part 3 of the Land Act 1991 and repealed the Heritage
Objects Act 1991
Environment
Legislation Amendment Act 2004
Made amendments to the Nature Conservation Act 1980 and
Environment Protection Act 1997
Electricity (Greenhouse Gas Emissions) Act 2004
Gungahlin
Drive Extension Authorisation Act 2004
Gungahlin Drive Extension Authorisation Amendment Act 2004
Gene Technology (GM Crop Moratorium) Act 2004
Hemp Fibre Industry Facilitation Act 2004
Dangerous Substances (Asbestos) Amendment Act 2004
Human
Rights Act 2004
Section 43(2) of the Act requires that the review of the first year
of the operation of the Act (ie to 1 July 2005) include an assessment
of whether environment-related human rights would be better protected
if there were statutory oversight of their operation by someone
with expertise in environment protection.
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