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Friday, 3 April 1987
Page: 1839


Senator GARETH EVANS (Minister for Resources and Energy)(12.20) —Is Senator Watson saying that he wants this legislation to override the earlier legislation? Is he concerned that it may not?


Senator Watson —I contend that it does override the legislation. If it does not, it will be necessary for you to introduce amendments either today or at a subsequent time.


Senator GARETH EVANS —Of course this legislation overrides the earlier legislation to the extent of there being an inconsistency because it is a later piece of legislation. The first thing one learns at law school-as Senator Newman would know but the honourable senator can be entirely forgiven for omitting to appreciate this-is that a later Act will override an earlier one. So in that sense a conflict will not arise. It is another argument as to whether there is an interconnection at all between those two clauses. But if there is to be a relevant inconsistency the problem to which Senator Watson averted will not arise.


Senator Watson —So in future we will have to read not only that world heritage Act but also the Lemonthyme Act.


Senator GARETH EVANS —The Lemonthyme legislation has application only to the particular geography, area and circumstances required.


Senator Walters —Or any other area in Tasmania.


Senator GARETH EVANS —Not any other area in Tasmania; any other area of Tasmania that is relevant for the purposes of the inquiry.

Clause agreed to.

Clause 19 (Compensation).