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Thursday, 3 December 1998
Page: 1169


Senator ALLISON (9:54 AM) —I move Democrat amendment No. 2:

(2) Clause 5, page 3 (lines 15 to 20), omit "does not include:" and paragraphs (a) and (b) of the definition of activity , substitute "does include the formulation of policy".

The purpose of this amendment is to include the formulation of policy in the definitions. This bill relates to pollution on Commonwealth land and Commonwealth activities. Our amendment adds the notion that Commonwealth decisions and policies are also relevant and should be included. The Commonwealth makes decisions all the time that deal with pollution and we felt that it was important to include this in the definitions rather than exclude it.


Senator Bolkus —In light of the fact that Senator Hill is not here, I wonder whether Senator Allison could give the committee some further explanation in respect of that amendment.


Senator ALLISON —The definitions currently state that an `activity means a physical activity that has a direct effect on, or represents a substantial risk of damage to'. But the first part of clause 5 states:

. . . to avoid doubt, does not include:

(a) the formulation of a policy; or

(b) the making of a decision by a Minister or by a person to whom a Minister has, under an Act or an instrument. . .

The amendment removes paragraph (b) and indicates that formulation of policy should be part of that activity.