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This is a Bill, not an Act. For current law, see the Acts databases.
ENVIRONMENT PROTECTION (FIRE HAZARD REDUCTION) AMENDMENT BILL 2005
2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mrs Vicki Dunne)
Environment
Protection (Fire Hazard Reduction) Amendment Bill 2005
Contents
Page
2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mrs Vicki Dunne)
Environment
Protection (Fire Hazard Reduction) Amendment Bill 2005
A Bill for
An Act to amend the
Environment Protection Act
1997
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Environment Protection (Fire Hazard Reduction) Amendment
Act 2005.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
This Act amends the Environment Protection Act 1997.
insert
51A Smoke pollution not to be taken into
account
(1) This section applies to an authorisation under section
49 (1) (a) or section 60 in relation to an activity listed in schedule
1, section 1.2, item 30 (a).
(2) In deciding when to conduct the activity, the applicant must not take
into account smoke pollution or smoke drift that may be caused by the activity
unless the applicant has a reasonable belief that there is a substantial risk
the pollution or drift will harm the public.
(3) This section has effect despite any condition of the
authorisation.
(4) For this section, there is a substantial risk that pollution or drift
will harm the public if it is likely to cause a substantial increase in the
incidence of respiratory diseases in the city area.
(5) In this section:
city area—see the Emergencies Act 2004, section
66.
5 Matters
required to be taken into account for certain decisions under div
8.2Section 61
omit
In making a decision
substitute
(1) In making a decision
insert
(2) However, the authority must not take into account smoke pollution or
smoke drift that may be caused by the activity if—
(a) the decision is in relation to an application to conduct an activity
listed in schedule 1, section 1.2, item 30 (a); and
(b) the applicant is—
(i) a territory land manager; or
(ii) the chief officer (fire brigade) or the chief officer (rural fire
service).
Note Sch 1, s 1.2, item 30 (a) is about lighting, using or
maintaining fires in the open air for the purpose of burning plant matter to
reduce a fire hazard.
(3) In this section:
territory land manager means an entity whose responsibilities
include managing the use of territory land or land occupied by the
Territory.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2005.
2 Notification
Notified under the Legislation Act on 2005.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2005
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