Amendments Nos. 29a and 30 are related and may be discussed together by agreement. Is that agreed? Agreed.
SECTION 15.
Chairman
I move amendment No. 29a
In page 11, subsection (1)(a), line 31, to delete "in operation" and substitute "located in that vicinity".
This amendment relates to mobile outlets and the litter problem caused by those who use them. The Bill refers to the creation of litter in the vicinity of an outlet while it is in operation. I have difficulty with the fact that there will be a liability while the mobile outlet is in operation but there will not be a liability when it is not in use. Members are aware that most litter involving such outlets is created during the hours of darkness when winds blow litter from place to place. Therefore, should reference be made to "the vicinity" rather than "the operation"? If a mobile unit is located in a certain place, its liability should extend to the time it is located there not merely its hours of operation. I will be interested to hear the Minister's response to that.
Paragraph (a), which Deputy Sargent is proposing to amend, is governed by the provisions of section 15(1) which refers to mobile outlets being "open to customers". Therefore, the amendment would not bring about the change sought by the Deputy. Consideration was given to this matter but a mobile outlet is not responsible for the creation of litter when locked up and parked. Litter is only created when such an outlet is in operation and the owner has a responsibility to deal with that litter. The import of amendment No. 30 is to be specific and it refers to an area within 100 metres of an outlet as opposed to its immediate vicinity. Therefore, owners of outlets are responsible for cleaning up litter which is created within 100 metres of those outlets.
I realise that a further amendment might be made to give this total effect. However, when an outlet is locked up it will be inevitable that any remaining litter will be spread.
It would have been created while the outlet was in operation.
I am trying to cover the liability placed on the operator when the outlet is locked but is still the cause of litter that is left behind.
The Deputy has made his point.
I look forward to being proved wrong.
Amendment, by leave, withdrawn.
I move amendment No. 30:
In page 11, subsection (1)(b), line 33, after "vicinity" to insert "within a reasonable distance not exceeding a distance of 100 metres from the location".
Amendment agreed to.
Section 15, as amended, agreed to.