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ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) AMENDMENT BILL 1986

Order of the Day read for the adjourned debate on the motion-That this Bill be now read a second time.

Debate resumed.

Question put and passed.

Bill read a second time.

The Senate, according to Order, resolved itself into Committee for the consideration of the Bill.

In the Committee

Bill, by leave, taken as a whole.

Senator Sanders, by leave, moved the following amendments together:

Page 1, after clause 2, insert the following new clause:

""2a. After section 5 of the Principal Act the following section is inserted:

Minister to give effect to objects

"5a. (1) The Minister shall give all such directions and do all such things as, consistently with any relevant laws as affected by regulations under this Act, can be given or done by the Minister to ensure that procedures for the time being approved under this Act are given effect to in and in connection with any of the matters referred to in subsection 5 (1).

"(2) Within 3 months after the commencement of the Environment Protection (Impact of Proposals) Amendment Act 1987 the Minister shall conclude with each Minister a Memorandum of Understanding which specifies guidelines for the identification of matters referred to in subsection 5 (1).'.''.

Page 2, after paragraph 3 (a), insert the following new paragraph:

""(aa) by omitting from paragraph 2 (b) "authorizing the Minister to direct the preparation or obtaining, and the submission to the Minister,' and substituting "the preparation by or on behalf of the Minister';''.

Page 2, paragraph 3 (b), proposed new paragraph 6 (2) (ba), lines 10 and 11, leave out ""authorizing the Minister to direct the preparation or obtaining, and the submission to the Minister,'', insert ""the preparation by or on behalf of the Minister''.

Page 2, after clause 5, insert the following new clause:

""5a. After section 24 of the Principal Act the following sections are inserted:

Costs of inquiries, statements or reports

"24a. Where an inquiry is conducted, or an environmental impact statement or public environment report is prepared, in relation to-

(a) the formulation of proposals;

(b) the carrying out of works and other projects;

(c) the negotiation, operation and enforcement of agreements and arrangements (including agreements and arrangements with, and with authorities of, the States);

(d) the making of, or the participation in the making of, decisions and recommendations; or

(e) the incurring of expenditure;

by or on behalf of an authority of Australia, whether alone or in association with any other government, authority, body or person, the costs of the inquiry, or of the preparation of the statement or report, as the case may be, shall be borne by the authority.

Application for review

"24b. (1) Application may be made to the Administrative Appeals Tribunal for review of a decision of the Minister to take any action, or not to take any action, in respect of a matter referred to in subsection 5 (1).

"(2) Where the Minister informs a person in writing in accordance with section 10 as to what action, if any, has been taken, or is proposed, for ensuring consideration of the environmental aspects of a matter referred to in subsection 5 (1), the Minister shall inform the person that, subject to the Administrative Appeals Tribunal Act 1975, application may be made by or on behalf of the person to the Administrative Appeals Tribunal for review of the decision of the Minister to take the action specified, or not to take any action, in respect of the matter.'.''.

Debate ensued.

Question-That the amendments be agreed to-put.

The Committee divided-

AYES, 6

Senators- Haines Macklin (Teller) Mason Powell Sanders Vigor

NOES, 57

Senators- Alston Archer Aulich Baume, Michael Baume, Peter Bjelke-Petersen Black Bolkus Boswell Brownhill Carrick, Sir John Childs Coates Collard Colston Cook Cooney Crichton-Browne Crowley Devlin Durack Elstob Foreman Gietzelt Giles Guilfoyle, Dame Margaret Hamer Jessop Jones Kilgariff Knowles Lewis MacGibbon McIntosh McKiernan Maguire Messner Morris Newman Parer Puplick Ray Reid (Teller) Reynolds Richardson Robertson Ryan Short Tate Teague Townley Vanstone Walters Watson West Withers Zakharov

Amendments negatived accordingly.

Bill agreed to.

Bill to be reported without amendment.

The President resumed the Chair; and the Chairman of Committees (Senator Hamer) reported accordingly.

On the motion of the Minister for Education (Senator Ryan) the Report from the Committee was adopted, and the Bill read a third time.