No 32

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 19 FEBRUARY 2004

 

 

1       Meeting of House

         The House met pursuant to adjournment. The Speaker (Hon Peter Lewis) took the Chair and read prayers.

 

2       Condolence Motions – Sessional Order – Motion for

Hon I F Evans, pursuant to notice, moved - That for the remainder of the Session

(a)            Condolence motions relating to former Members of the current Parliament may be moved immediately after Prayers; and

(b)            other Condolence motions shall be moved after Questions without Notice and before Grievances, unless the House determines otherwise.

         Debate ensued.

         Ordered, on motion of Mr Meier, that the debate be adjourned until Thursday 26 February.

 

3       Child Care - Motion re

         Ms Rankine, pursuant to notice, moved - That this House calls on the Federal Government to immediately remove the child care cap, reintroduce capital works funding for not-for-profit child care centres and make the Child Care Benefits Scheme more accessible.

         Debate ensued.

         Question put and passed.

 

4       Postponement of business

Ordered - That Notice of Motion: Other Motions No 3 to be postponed until Thursday 26 February.

 

5       Max Basheer – Service to SANFL - Motion re

         Hon D C Kotz, pursuant to notice, moved - That this House congratulates and recognises the service given to South Australia and football in this State by Mr Max Basheer during his 25 years as president of the South Australian National Football League.

         Debate ensued.

         Question put and passed.

 

6       Postponement of business

Ordered, separately - That Notices of Motion: Other Motions Nos 5 to 9 be postponed until Thursday 26 February.

 

7       Postponement of business

Ordered - That Notice of Motion: Other Motions No 10 be postponed and taken into consideration after Notice of Motion: Other Motions No 11.

 

8       Glenelg Tramline Extension - Motion re

         Dr McFetridge, pursuant to notice, moved - That this House urges the Minister for Transport to investigate extending the Glenelg tram line to Holdfast Shores, the Adelaide Railway Station and North Terrace precinct, and  preferably to North Adelaide.

         Debate ensued.

         Ordered, on motion of Mr Snelling, that the debate be adjourned until Thursday 26 February.

 

9       Atomic Test – 50th Anniversary - Motion re

Ms Breuer, pursuant to notice, moved - That this House –

(a)           notes that –

(i)             this week marks the 50th anniversary of the first atomic test conducted by the British Government when ‘Totem 1’ – a 10 kilo tonne atomic bomb, was detonated at Emu Junction some 240km from Coober Pedy on 15th  October 1953;

(ii)            the Totem trial was the start of the British Atomic Testing Program which included nine atomic weapon explosions at Maralinga and Emu Junction as well as a series of minor trials;

(b)           notes that the McClelland Royal Commission concluded that –

(i)             there was a failure at the Totem trials to adequately consider the distinctive lifestyles of Aborigines and their particular vulnerability to radioactive fallout;

(ii)            Totem 1 was detonated in wind conditions that produced unacceptable levels of fallout and failed to take into account the welfare of the Wallatina and Welbourne Hill people;

(iii)          relocating Aboriginal people to Yalata and preventing them from returning to Ooldea and places further North marked the beginning of a period where Aboriginal people were denied access to their traditional lands;

(iv)           those people exposed to radiation at the test sites have an increased risk of developing cancers; 

(c)           expresses concern for indigenous peoples whose land and health may have been detrimentally affected by these tests;

(d)           notes –

(i)             the land hand-back of the area known as Section 400 is still subject to negotiation between Maralinga Tjarutja and the State and Federal Governments; and

(ii)            the efforts of the State Government to hand back the Unnamed Conservation Park - a  21 000 square kilometre area of pristine bushland in the State’s Far North West, as an act of reconciliation.

         Debate ensued.

         Question put and passed.

 

10      Reverse Mortgages - Motion re

         Dr McFetridge, pursuant to notice, moved - That this House urges all South Australians considering any form of reverse mortgage to seek financial advice from a registered financial planner beforehand.

         Debate ensued.

         Question put and passed.

 

11      Answers to questions

Answers to questions on the Notice Paper Nos 132, 136, 193 and 199 were tabled by the Speaker.

 

12      Paper

         The following Paper was tabled:

 

By the Minister for Environment and Conservation (Hon J D Hill) –

      Upper South East Dry Land Salinity and Flood Management Project, Implementation of – Report.

 

13      Matter of Privilege

Hon I F Evans raised as a matter of privilege the alleged use by WorkCover of a claimant’s correspondence to Members of Parliament to persuade doctors to reassess the capacity of the claimant’s ability to work and whether this might intimidate any Member in respect of the function they perform.

The Speaker advised that he would consider the matter and report to the House.

 

14      Economic and Finance Committee – Interim Report - Real Estate Industry – Agent Indemnity Fund.

Ms Thompson brought up the Forty Sixth Report of the Committee being the Real Estate Industry – Agent Indemnity Fund – Interim Report.

Report received.

Ordered to be published (Paper No 198).

 

15      Questions

Questions without notice were asked.

 

16      Grievance debate

On motion of the Speaker, the House noted grievances.

 

17      Messages from the Legislative Council

         The following Messages from the Legislative Council were received and read:

 

         Crown Land (Miscellaneous) Amendment Bill                                        Message No 39

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Crown Lands Act 1929; and to make related amendments to the Irrigation (Land Tenure) Act 1930, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 18 February 2004                                R R Roberts, PRESIDENT

 

Schedule of amendments made by the Legislative Council

 

No. 1.  Page 3 - After line 5 insert new clause as follows:

             Minister to advise lease holders of effect of Act

                          2A. (1) The Minister responsible for the administration of the principal Act must, as soon as practicable after the commencement of this Act (and, in any case, within one month of that commencement), ensure that a written notice is sent to each person who has made a relevant application advising him or her—

 

 (a)  of the effect of this Act; and

 

 (b)  of the person's right to withdraw the application.

 

                          (2) In this section—.

 

                    "relevant application" means an application under section 212 of the principal Act to surrender a perpetual lease of land and purchase the fee simple where—

 

 (a)  the application was lodged before the commencement of this Act; but

 

 (b)  the lease has not been surrendered.

 

No. 2.  Page 3 - After line 24 insert new clause as follows:

             Insertion of s. 34

                          6A. The following section is inserted after section 33 of the principal Act:

 

                              Rent may be paid in advance

                                      34. Despite any provision to the contrary in this Act or any other Act or in a perpetual lease, the lessee may pay instalments of rent due under the lease in advance of the times specified in the lease (provided that such instalments are in respect of a period not exceeding 25 years).

 

No. 3.  Page 4 - After line 17 insert new clause as follows:

             Amendment of s. 212—Power of lessee to surrender lease and purchase the fee simple

                          9A. Section 212 of the principal Act is amended by striking out subsections (2) and (3) and substituting:

 

                              (2) If an application is lodged under this section—

 

 (a)   in the case of an application relating to a perpetual lease of land situated outside of Metropolitan Adelaide or a prescribed miscellaneous lease—the application must be dealt with in accordance with Schedule 14; or

 

 (b)  in the case of any other application—the application must be dealt with as follows:

 

(i)       if the Minister approves the application, the board must recommend to the Minister, and the Minister must fix, the sum at which the fee simple of the land may be purchased and must give written notice of that sum to the applicant;

 

(ii)      the applicant must, within three months after the giving of such notice, notify the Minister whether he or she accepts or refuses the terms offered;

 (iii)    if the applicant accepts the terms offered and, within one month (or such longer period as may be allowed by the Minister) after notifying the Minister of that acceptance, surrenders the lease and pays the purchase money and any other fees that are payable in relation to the transaction, the applicant is entitled to receive a land grant for the land.

 

                              (3) In this section—

 

                              "Metropolitan Adelaide" has the same meaning as in the Development Act 1993;

 

                              "prescribed miscellaneous lease" means a miscellaneous lease of land that is used for cropping or is of a class prescribed by regulation.

 

No. 4.  Page 4 - After line 27 insert new clauses as follow:

                   Amendment of s. 225—Leases and agreements may not be transferred, assigned or sublet without consent of the Minister

                          10A. Section 225 of the principal Act is amended by inserting "(other than a perpetual lease)" after "lease".

 

                   Amendment of s. 226—Non-validity of agreements to transfer etc leases and agreements

                          10B. Section 226 of the principal Act is amended by inserting "(other than a perpetual lease)" after "lease".

 

                   Insertion of ss. 227A and 227B

                          10C. The following sections are inserted before section 227A of the principal Act (which is now to be redesignated as section 227C):

 

                              No consent required to transfer etc perpetual lease

                                      227A. Despite any provision to the contrary in this Act or any other Act or in a perpetual lease, the consent of the Minister is not required to the transfer, assignment, subletting, encumbering or mortgaging of a perpetual lease, except where the Minister holds a mortgage over the lease.

 

                              No fees payable in respect of transfer following death of lessee

                                      227B. Where a perpetual lease is required to be transferred because of the death of the lessee, no fees are payable under this Act in respect of the transfer.

 

No. 5.  Page 5, lines 1 to 7 (clause 13) - Leave out the clause and insert new clauses as follow:

                   Amendment of Schedule 3

                          13. Schedule 3 of the principal Act is amended—

 

 (a)  by striking out paragraph VI of clause 2;

 

 (b)  by striking out paragraph III of clause 3.

 

                   Amendment of Schedule 12

                          13A. (1) Schedule 12 of the principal Act is amended—

 

 (a)  by striking out paragraph XVI of clause 2;

 

 (b)  by striking out paragraph III of clause 3.

 

                   Insertion of Schedule 14

                          13B. The following Schedule is inserted after Schedule 13 of the principal Act:

 

Schedule 14—Freeholding of perpetual and prescribed miscellaneous leases

 

                              Interpretation

                                      1. (1) In this Schedule—

 

                                      "contiguous land"—see subclauses (2) and (3);

 

                                      "council" means a council within the meaning of the Local Government Act 1999;

 

                                      "non-residential land" means land that—

 

                                              (a)    is not used for residential purposes; or

 

                                              (b)    is more than one hectare in area;

 

                                      "residential land" means land that—

 

                                              (a)    is used for residential purposes; and

 

                                              (b)    is one hectare or less in area;

 

                                      "statutory encumbrance" means any of the following:

 

                                              (a)    an Aboriginal heritage agreement entered into under the Aboriginal Heritage Act 1988;

 

                                              (b)    an agreement relating to the management, preservation or conservation of land lodged under Part 5 of the Development Act 1993;

 

                                              (c)    an agreement or proclamation registered or noted on the title to land immediately before the commencement of the Development Act 1993 that is continued in force by virtue of the provisions of the Statutes Repeal and Amendment (Development) Act 1993;

 

                                              (d)    a heritage agreement entered into under the Heritage Act 1993;

 

                                              (e)    a heritage agreement entered into under the Native Vegetation Act 1991;

 

                                              (f)     an access agreement entered into under the Recreational Greenways Act 2000;

 

                                              (g)    any other encumbrance created by statute and prescribed by the regulations for the purposes of this definition;

 

                                      "waterfront land" means—

 

                                              (a)    land extending from the low water mark on the seashore to the nearest road or section boundary, or to a distance of 50 metres from high water mark (whichever is the lesser distance); or

 

                                              (b)    land extending from the edge of any other navigable waterway or body of water in the State to the nearest road or section boundary or for a distance of 50 metres (whichever is the lesser distance).

 

                                      (2) For the purposes of this Schedule, land will be regarded as being contiguous to other land if the land—

 

            (a)  abuts on the other land at any point; or

 

            (b)  is separated from the other land only by—

 

                                              (i)     a road, street, lane, footway, court, alley, railway or thoroughfare; or

 

                                              (ii)     a watercourse or channel; or

 

                                              (iii)    a reserve or other similar open space.

 

                                      (3) A group of parcels of land constitute contiguous land if each parcel is contiguous to one or more of the other parcels in the group.

 

                              Minister must approve application

                                      2. On receipt of an application to which this Schedule applies, the Minister must approve the application and—

 

            (a)     give a written offer to the applicant—

 

                                              (i)     specifying the amount payable by the applicant, in accordance with this Schedule, as the purchase price for the fee simple of the land to which the application relates; and

 

                                              (ii)     setting out any other terms and conditions applicable to the purchase of the fee simple of the land; and

 

            (b)    provide, with the written offer, a notice advising the applicant to obtain professional advice in relation to the application and the terms and conditions proposed by the Minister.

 

                              Purchase price

                                      3. (1) Where this Schedule applies to an application for the surrender of a lease and the purchase of the fee simple of land, the purchase price for the fee simple of the land will, despite any provision in the lease, be fixed in accordance with this clause.

 

                                      (2) Subject to this clause, the purchase price for the fee simple of land on surrender of a lease will be the prescribed purchase price.

 

                                      (3) If—

 

            (a)     an applicant lodges more than one application relating to non-residential land at the same time; or

 

            (b)    a number of applications are lodged at the same time by different applicants relating to land that—

 

                                              (i)     is contiguous land or is situated within the same council area; and

 

                                              (ii)     is used for the purpose of carrying on the business of primary production; and

 

                                              (iii)    is managed as a single unit for that purpose,

 

                              the purchase price in relation to each application will be the prescribed multiple purchase price.

 

                                      (4) If the applicant is a council and the land the subject of the application is used to provide community services or facilities, the purchase price that would otherwise be payable under this clause in relation to the land must be waived.

 

                                      (5) If the land the subject of the application is subject to a statutory encumbrance, a pro rata adjustment must be made to the purchase price payable under this clause in relation to the land by applying the proportion that the area of the land that is subject to the statutory encumbrance bears to the total area of the land (and rounding the resulting amount to the nearest dollar).

 

                                      (6) If the lease contains a provision fixing a purchase price in relation to the land that is less than the purchase price that would (but for this subclause) be payable under this clause in relation to the land, the purchase price will be the amount fixed in accordance with the lease.

 

                                      (7) In this clause—

 

                                      "CPI" means the Consumer Price Index (All Groups) for the City of Adelaide published by the Australian Bureau of Statistics;

 

                                      "indexation factor", in relation to an application, means 1 or the quotient obtained by dividing the CPI for the quarter ending 30 September in the year immediately preceding the year in which the application is lodged by the CPI for the quarter ending 30 September 2002, whichever is the greater;

 

                                      "prescribed multiple purchase price", in relation to an application that is lodged at the same time as other applications in accordance with subclause (3), means—

 

                                              (a)        where not more than six applications are lodged—an amount calculated in accordance with the following formula:

 

 

                                              (b)       where more than six applications but not more than 10 applications are lodged—an amount calculated in accordance with the following formula:

 

 

                                              (c)        where more than 10 applications are lodged—an amount calculated in accordance with the following formula:

 

 

                                      Where—

 

                                              IF is the indexation factor for the application;

 

                                              N is the total number of applications lodged at the same time (in accordance with subclause (3));

 

                                      "prescribed purchase price", in relation to an application, means—

 

                                              (a)        in the case of residential land—an amount calculated in accordance with the following formula:

 

$1 500 x IF

 

                                              (b)       in the case of non-residential land—an amount calculated in accordance with the following formula:

 

$2 000 x IF

 

                                      Where—

 

                                              IF is the indexation factor for the application.

 

                              Other terms and conditions

                                      4. (1) Subject to this clause, an offer under clause 2 may specify such other terms and conditions in relation to the surrender of a lease and the purchase of the fee simple of land as the Minister thinks fit.

 

                                      (2) If the land the subject of an application to which this Schedule applies is waterfront land, the offer must not require the applicant to obtain a survey of the land or to pay the costs of survey of the land.

 

                              Resolution of disputes

                                      5. (1) If an applicant objects to the terms of an offer made in accordance with clause 2, the applicant may notify the Minister and the Minister must refer the offer to an independent person (appointed by the Minister on terms and conditions determined by the Minister) to review the offer and to determine whether it complies with this Schedule and is otherwise reasonable.

 

                                      (2) A person reviewing an offer under this clause may make such recommendations to the Minister in relation to the offer as he or she thinks fit.

 

                                      (3) The Minister may, following a review, revoke the offer the subject of the review and issue a new written offer in accordance with clause 2.

 

                              Acceptance of offer and completion of purchase

                                      6. (1) An offer made in accordance with clause 2 in relation to any land remains valid for three months from the date on which the offer is sent to the applicant, or for such longer period as the Minister may allow.

 

                                      (2) The applicant may accept the offer by giving a written notice of acceptance to the Minister within the period allowed by subclause (1).

 

                                      (3) If an offer is accepted by an applicant and, within 12 months of the Minister receiving the written notice of acceptance, the applicant completes the purchase by—

 

            (a)     surrendering the lease; and

 

            (b)    paying the purchase price; and

 

            (c)     satisfying any other terms and conditions of the offer,

 

                              the applicant is entitled to receive a land grant for the land.

 

                                      (4) If the Minister is satisfied (by such evidence as the Minister may require) that an applicant will suffer financial hardship as a result of being required to complete the purchase within the time specified in subclause (3), the Minister must allow the applicant three years (or such lesser period as the applicant may require) within which to complete the purchase.

 

No. 6.  Page 6 - After line 3 insert new clause as follows:

             Transitional provision

                          15. (1) Section 212 of the principal Act, as amended by this Act, applies in relation to a relevant application as if that application had been lodged after the commencement of this Act.

 

                              (2) In this section—

 

                              "relevant application" means an application under section 212 of the principal Act to surrender a perpetual lease of land and purchase the fee simple where—

 

 (a)   the application was lodged before the commencement of this Act; but

 

 (b)  the lease has not been surrendered at the date of commencement of this Act.

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

Ordered - That consideration of the amendments be an Order of the Day for Monday 23 February.

 

         Zero Waste SA                                                                                        Message No 40

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to establish a statutory corporation, Zero Waste SA, with the function of reforming waste management in the State; to amend the Environment Protection Act 1993; and for other purposes, without any amendment.

         Legislative Council, 19 February 2004                                             R R Roberts, PRESIDENT

 

18      Postponement of business

Ordered, severally - That Orders of the Day: Government Business Nos 1 to 3 be postponed and taken into consideration after Order of the Day: Government Business No 5.

 

19      Motor Vehicles (Suspension of Licenses of Medically Unfit Drivers) Amendment Bill

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

Debate resumed.

         Question put and passed.

 

         Bill read a second time.

 

In Committee

Clauses Nos 1 to 3 agreed to.

Clause No 4 read.

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the Bill referred to it, had made progress therein and asked leave to sit again.

Ordered - That the Committee have leave to sit again on motion.

 

20      Extension of time for adjournment

Ordered, on motion of the Minister for Transport (Hon M J Wright) - That the time for moving the adjournment of the House be extended beyond 5.00 pm.

 

21      Motor Vehicles (Suspension of Licenses of Medically Unfit Drivers) Amendment Bill

         Ordered - That the further consideration in Committee of this Bill be now resumed.

 

In Committee

Clause No 4 further considered and agreed to.

Clause No 5 agreed to.

Schedule agreed to.

Title agreed to.

 

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the Bill referred to it and had agreed to the same without amendment.

 

Bill read a third time and passed.

 

22      Aboriginal Lands Trust – Transfer of Lands - Motion re

         Order of the Day read for the adjourned debate on the motion of the Minister for Transport - That this House, pursuant to section 16(1) of the Aboriginal Lands Trust Act 1966, recommends that Allotment 21 in the plan deposited in the Lands Titles Registration Office No. DP  58704 (being a portion of the land comprised in Crown Record Volume 5407 Folio 615) be transferred to the Aboriginal Lands Trust (subject to an easement to the South Australian Water Corporation marked A in the deposited plan and to an easement to ETSA Transmission Corporation marked B in the deposited plan).

         Debate resumed.

         Question put and passed.

 

23      Adjournment

House adjourned at 5.27 pm until Monday at 2.00 pm.

 

____________

 

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

            For Monday 23 February 2004

 

Notice of Motion: Government Business -

 

The Attorney-General to move – That he have leave to introduce a Bill for an Act to amend the Criminal Law Consolidation Act 1935.

 

            For Wednesday 25 February 2004

 

Notice of Motion: Private Members Business Bills/ Committees/ Regulations -

 

Ms Chapman to move – That she have leave to introduce a Bill for an Act to amend the Education Act 1972.

 

 

____________

 

 

Present during the day - All Members except the Premier (Hon M D Rann), Mrs Geraghty.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY