#qldbills

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Water Legislation (Dam Safety) Amendment Bill 2016

Legislation to improve the safety of Queensland dams has passed in Parliament without opposition.

The Water Legislation (Dam Safety) Amendment Bill 2016 intends to strengthen dam safety, reduce red tape, and give owners more power to manage their dams.

Owners will be responsible for managing the community when issues arise - such as leaks, releases, and flooding – and will need to tell the community when to act to protect people or property in emergencies.

Dam owners will also need to place warning signs in areas downstream of weirs and dams, even if they are needed on land owned by the Queensland government.

“This is a simple piece of legislation proposing to enhance the safety of people living downstream of a dam,” Member for Kallangur Shane King said.

Water Supply Minister Mark Bailey said dams are extremely safe, but recent natural disasters and dam failures have angered residents and disaster management groups.

These recommendations were handed down last year in a coroner report after four year-old Nelani Koefer drowned in the Bedford Weir when a part of the dam failed.

“Many Queenslanders are affected by disasters, and we must continue to learn from each event and improve our response and our practice,” Mr Bailey said.

“Dam owners, disaster management groups and local government must all work together to identify hazards and develop coordinated responses if these hazards arise.”

The bill will require all dams to undertake a failure impact assessment to determine the number of people whose safety could be at risk should the dam fail.

Failure impact assessments must be certified by professional engineers and can incur costs between $15,000 and $30,000.

Amendments in this bill allow dam owners to avoid this cost through negotiation with the Department of Energy and Water Supply. This intends to save Queensland dam owners more than $3.5 million.

The bill gives owners the ability to lower the water level of their dam, based on the advice of a registered professional engineer, in emergency situations without upfront ministerial approval.

Dam owners must check whether their dam is subject to this legislation.

There are currently 106 regulated dams in Queensland owned by a range of public and private entities.        

[qldbills-blog]

Criminal Law (Historical Homosexual Convictions) Expungement Bill 2017

Attorney-General Yvette D’Ath has introduced a bill to allow people to apply to have their historical sexual convictions expunged.

Consensual adult male homosexuality was decriminalised in Queensland on 19 January 1991 by former Premier Wayne Goss. However, the law reform did not make changes to the criminal histories of individuals who were charged or convicted prior to decriminalisation.

“Despite these important legislative changes, the pain and anguish caused by that earlier discrimination has never been removed for those affected Queenslanders,” Ms D’Ath said.

The Criminal Law (Historical Homosexual Convictions) Expungement Bill seeks to provide individuals with an opportunity to legally decide not to disclose certain types of convictions and charges ever again.

Ms D’Ath said past homosexual convictions have inhibited people from pursuing employment opportunities, volunteering in their communities, and fully participating in civic life.

“The archaic laws that existed in this state prior to 1991 institutionalised ignorance and legitimised prejudice toward people for merely expressing their sexuality,” Ms D’Ath said.  

“It not only impacted individuals; it lessened our community more broadly.

“Private, consensual adult sexual activity should never have been the concern of this Legislative Assembly or criminal law.”

To be eligible for expungement under the proposed scheme, charges and convictions must relate to conduct that occurred before January 19, 1991 and must have involved homosexual activity.

There will be no entitlements or compensation of any kind to people who have their charges expunged under the scheme.

The Director-General of the Department of Justice and Attorney-General will be responsible for deciding applications for expungement. Decisions will be reviewed by the Queensland Civil and Administrative Tribunal.

The bill coincides with a historic apology to Queenslanders who were vilified, harassed, convicted and jailed for gay sex offences in the state.

While some of the hundreds of Queenslanders impacted by the laws watched from the gallery, Premier Annastacia Palaszczuk delivered an apology she said was sincere and heartfelt

“Today this Legislative Assembly acknowledges the harm that has been inflicted by past convictions for homosexual activity between consenting adults in Queensland,”  Ms Palaszczuk said.

“To those people we are also sorry. You were denied the opportunity to openly declare your love for another, to celebrate that love, and to enjoy all that a loving relationship can give.”

The bill has been referred to the Legal and Ethics Committee and will be reintroduced to Parliament before July 14.

New South Wales, Victoria, South Australia and the Australian Capital Territory have expungement schemes already in place for this type of conviction.