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Planning (Urban Encroachment-Milton Brewery) Bill 2008
Planning (Urban Encroachment-Milton
Brewery) Bill 2008
Explanatory Notes for Amendments to be
moved during Consideration in Detail by the
Honourable Paul Lucas MP
Title of the Bill
Planning (Urban Encroachment - Milton Brewery) Bill 2008
Objectives of the Amendments
The first is a minor amendment which corrects a typographical error.
The policy objective of the second amendment is to clearly identify the
basis on which indemnity will apply.
Achievement of the Objectives
The amendment will achieve the policy objective by limiting the
application of the indemnity more explicitly while removing ambiguous
terms and provide consistency with the definition of environmental
nuisance.
Alternative Ways of Achieving Policy Objectives
There are no other viable alternatives that would achieve the Government's
policy objectives.
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Planning (Urban Encroachment-Milton Brewery) Bill 2008
Notes on Provisions
Amendment 1-amendment at clause 2
Correct typographical error
This minor amendment corrects a drafting error in the reference to parts 7
and 8. These parts were removed from the previous bill.
Amendment 2-amendment of wording to clause 8(l)(b)
The purpose of the amendment to clause 8(1)(b) is to limit the application
of the indemnity provided by clause 8 to interference with environmental
values stemming from the emission of "aerosols , fumes, light, noise,
odour, particles or smoke" and as such bring it substantially in line with the
definition of "environmental nuisance" under the Environmental Protection
Act 1994.
This amendment will address the concern that the previous use of the word
"contaminant", in section 8(l)(b) was too broad, particularly when it is read
in conjunction with the relevant permits for the Milton Brewery under the
Environmental Protection Act 1994.
© State of Queensland 2008
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