No 42

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 30 MARCH 2004

 

 

1       Meeting of House

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

 

2       Petitions Nos 58 and 59

         The Clerk announced that the following Members had lodged Petitions for presentation:

 

58   Hon D C Brown, from 109 residents of South Australia, requesting the House to urge the Government to maintain the Repatriation General Hospital as an independent hospital to serve the particular needs of veterans and for the Hospital to retain its Board and receive its funding directly from the Minister for Health.

 

59   Mr Snelling, from 2 residents of South Australia, requesting the House to pass the recommended legislation coming from the Constitutional Convention and provide for a referendum, at the next election, to adopt or reject each of the Convention’s proposals.

 

3       Answers to questions

Answers to questions without notice were tabled by the Speaker.

 

4       Papers

         The following Papers were tabled:

 

By the Minister for Transport (Hon P L White) –

      Regulations made under the following Act:

                  Motor Vehicles – Demerit Points

 

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

            Ministerial Statement – Anangu Pitjantjatjara Yankunytjatjara Lands

 

By the Minister Assisting the Premier in the Arts (Hon J D Hill) –

      Youth Arts Board, South Australian – Carclew Youth Arts Centre – Report 2002-2003

 

By the Minister for State/Local Government Relations (Hon R J McEwen) –

      District Council of Yorke Peninsula By-Law K – Boat Ramps.

 

5       Economic and Finance Committee - Reports – Road Maintenance Funding

Ms Thompson brought up the Forty Seventh Report of the Economic and Finance Committee on Road Maintenance Funding.

Report received.

Ordered to be published (Paper No 206).

 

6       Questions

Questions without notice were asked.

 

7       Grievance debate

On motion of the Speaker, the House noted grievances.

 

8       Natural Resources Management Bill

         Order of the Day read for the further consideration in Committee of this Bill.

 

In Committee

Clause No 2 further considered and agreed to.

Clause No 3 read.

 

Hon I F Evans moved on page 12, line 26, to delete –

paragraph (b)

 

Amendment withdrawn

Amendment, by leave, withdrawn.

 

Mr Evans moved on page 19, lines 16 to 23, to delete –

subclause (2)

Question – That the amendment be agreed to – put and negatived.

 

Mr Evans moved on page 20, lines 14 to 16, to delete –

paragraphs (g) and (h)

 

Amendment withdrawn

Amendment, by leave, withdrawn.

 

Clause No 3 otherwise amended and agreed to.

Clauses Nos 4 to 6 agreed to.

Clause No 7 read.

 

Mr Evans moved on page 21, line 21, after “in the State” to insert –

, while at the same time encouraging, assisting and supporting agriculture and mining having regard to the value of these activities to the economy of the State,

 

Amendment withdrawn

Amendment, by leave, withdrawn.

 

Mr Evans moved on page 21, lines 24 to 26, to delete –

all words in these lines after “diversity” in line 24

 

Amendment withdrawn

Amendment, by leave, withdrawn.

 

Mr Evans moved on page 21, line 36, to delete –

“and provides mechanisms”

 

Amendment withdrawn

Amendment, by leave, withdrawn.

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Ms Thompson 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.

 

 

 

9       Extension of time for adjournment

Ordered, on motion of the Minister for Environment and Conservation - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

 

10      Messages from the Legislative Council

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

 

         Genetically Modified Crops Management Bill                                        Message No 50

MR SPEAKER - The Legislative Council has agreed to the amendments made by the House of Assembly in the Genetically Modified Crops Management Bill, without any amendment.

         Legislative Council, 30 March 2004                                                 R R Roberts, PRESIDENT

 

         Meat Hygiene (Miscellaneous) Amendment Bill                                     Message No 51

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Meat Hygiene Act 1994, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 30 March 2004                                                 R R Roberts, PRESIDENT

 

         Bill read a first time.

         Ordered - That the second reading be an Order of the Day for tomorrow.

 

         Law Reform (Ipp Recommendations) Bill                                              Message No 52

MR SPEAKER - The Legislative Council has agreed to the amendment made by the House of Assembly in the Law Reform (Ipp Recommendations) Bill, without any amendment.

         Legislative Council, 30 March 2004                                                 R R Roberts, PRESIDENT

 

11      Natural Resources Management Bill

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

 

In Committee

Clause No 7 further considered.

 

Mr Evans moved on page 22, lines 8 and 9, to delete –

paragraph (c)

Question – That the amendment be agreed to – put.

         Committee divided (No 1):

 

           Ayes, 19

 

           Noes, 23

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon D C Brown

Ms Breuer

Hon M R Buckby

Mr Caica

Ms Chapman

Ms Ciccarello

Mr Goldsworthy

Hon K O Foley

Hon G M Gunn

Mrs Geraghty

Mrs Hall

Mr Hanna

Mr Hamilton-Smith

Hon S W Key

Hon D C Kotz

Mr Koutsantonis

Hon I P Lewis

Hon J D Lomax-Smith

Dr McFetridge

Ms Maywald

Mr Meier

Hon R J McEwen

Mrs Penfold

Mr O'Brien

Mrs Redmond

Ms Rankine

Mr Scalzi

Hon M D Rann

Mr Venning

Mr Rau

Mr Williams

Mr Snelling

Hon I F Evans (Teller)

Hon L Stevens

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon J D Hill (Teller)

 

         So it passed in the negative.

 

 

 

Mr Evans moved on page 22, lines 24 and 25, to delete paragraph (e) and substitute –

(e)    the conservation of biological diversity, ecological integrity and primary production systems should be taken into account in decision-making;

 

Amendment withdrawn

Amendment, by leave, withdrawn.

 

Mr Evans moved on page 22, line 37, after “Aboriginal heritage” to insert –

      and other heritage issues

 

Amendment withdrawn

Amendment, by leave, withdrawn.

 

Mr Evans moved on page 22, line 38, to delete “traditional”

 

Amendment withdrawn

Amendment, by leave, withdrawn.

 

Clause No 7 otherwise amended and agreed to.

                                       Clause 8 amended and agreed to.

                                       Clause 9 read.

 

Mr Evans moved on page 23, line 20, to delete “any environmental, social, economic or practical implications, including” and substitute –

      the need to have due regard to economic, social and physical well-being and any environmental implications, taking into account

Question – That the amendment be agreed to – put and negatived.

 

Mr Evans moved on page 23, after line 23, to insert –

      (ba) the need to ensure that ongoing agricultural operations and practices are not impeded; and

 

Amendment withdrawn

Amendment, by leave, withdrawn.

 

Mr Evans moved on page 23, after line 35, to insert –

      (ba) in a manner consistent with acceptable practices within the particular industry (if relevant), or within the relevant sphere of activity; or

 

Amendment withdrawn

Amendment, by leave, withdrawn.

 

Clause No 9 otherwise amended and agreed to.

Clause No 10 read.

 

Mr Evans moved on page 25, after line 16, to insert —

         (5)  The Minister must, in acting in the administration of this Act, act fairly and reasonably and must seek to enhance and support agricultural and other activities within the primary production sector.

 

Amendment withdrawn

Amendment, by leave, withdrawn.

 

Clause No 10 otherwise amended and agreed to.

Clause No 11 left out.

Clause No 12 agreed to.

Clause No 13 read.

 

 

 

Mr Evans moved on page 26, line 18, to delete –

subclause (2)

 

Amendment withdrawn

Amendment, by leave, withdrawn.

 

Clause No 13 agreed to.

Clause No 14 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 tomorrow.

 

 

12      Adjournment

House adjourned at 11.53 pm until tomorrow at 2.00 pm.

 

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 31 March 2004

 

Notice of Motion:  Government Business -

 

The Deputy Premier to move – That Standing Orders be so far suspended as to enable the House to sit beyond midnight.

 

            For Wednesday 5 May 2004

 

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

 

Ms Thompson to move –That the Forty-Seventh Report of the Economic and Finance Committee on Road Maintenance Funding be noted.

 

            For Thursday 6 May 2004

 

Notice of Motion:  Other Motions -

 

Mr Venning to move – That this House notes the recently released South Australian Farmers Federation policy paper entitled “Rural South Australia Policy for the Future – a Triple Bottom Line for the Future”.

 

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Present during the day - All Members except the Minister for Infrastructure (Hon P F Conlon).

 

         The following Pair was handed in at the Table during the days proceedings:

 

 

 

         Division No 1 -

               Ayes - Hon R G Kerin, Hon W A Matthew.

               Noes - Minister for Infrastructure (Hon P F Conlon), Minister for Administrative Services (Hon M J Wright).

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY