No 45

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 4 AUGUST 1999

 

 

1       Meeting of House

The House met pursuant to adjournment.  The Speaker (Hon J K G Oswald) took the Chair and read prayers.

 

2       Petitions Nos 76 and 77

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

 

76   Ms Breuer, from 415 residents of South Australia, requesting that the House urge the Government not to proceed with the proposed Radioactive Waste Dump.

77     Ms Rankine, from 20 residents of South Australia, requesting that the House urge the Government to install traffic signals at the intersection of The Grove Way and Bridge Road at Salisbury East.

 

3       Legislative Review Committee – Eighteenth Report

Mr Condous brought up the Eighteenth Report of the Committee.

         Report received.

 

4       Questions

         Questions without notice were asked.

 

5       Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 

6       Suspension of Standing Orders

Deputy Premier (Hon R G Kerin), without notice, moved - That Standing Orders be so far suspended as to enable Order of the Day: Government Business No 2 to be taken into consideration forthwith.

Question put and passed, without a negative voice, there being present an absolute majority of the whole number of Members of the House.

 


7       Local Government Bill

Order of the Day read for further consideration of the amendments of the Legislative Council in this Bill.

 

In Committee

         Resolved – That Amendment No 45 be agreed to.

         Resolved – That Amendments Nos 46 and 47 be disagreed to.

         Resolved – That Amendments Nos 48 to 64 be agreed to.

         The Minister for Local Government moved – That Amendment No 65 be agreed to.

         Mr McEwen moved an amendment to the amendment.

 

         Question – That the amendment to Amendment No 65 be agreed to – put.

Committee divided (No 1):

 


            Ayes, 22

 

Mr Atkinson

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Key

Mr Koutsantonis

Ms Maywald

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Thompson

Ms White

Mr Williams

Mr Wright

Mr McEwen (Teller)


        Noes, 20

 

Hon M H Armitage

Hon R L Brokenshire

Hon R B Buckby

Mr Condous

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Hon G A Ingerson

Hon R G Kerin

Hon D C Kotz

Mr Lewis

Hon W A Matthew

Mr Meier

Hon J W Olsen

Hon J K G Oswald

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Hon M K Brindal (Teller)


 

         So it was resolved in the affirmative.

 

Resolved – That Amendment No 65 as amended be agreed to.

Resolved – That Amendments Nos 66 and 67 be disagreed to.

Resolved – That Amendments Nos 68 to 72 be agreed to.

Resolved – That Amendment No 73 be amended and agreed to.

Resolved – That Amendment No 74 be agreed to.

Resolved – That Amendment No 75 be amended and agreed to.

Resolved – That Amendment No 76 be disagreed to.

Resolved – That Amendments Nos 77 to 82 be agreed to.

Resolved – That Amendment No 83 be disagreed to.

Resolved – That Amendments Nos 84 to 113 be agreed to.

 


The Minister for Local Government moved – That Amendments Nos 114 to 131 be agreed to.

Question put.

 

      Committee divided (No 2):

 


            Ayes, 20

 

Hon M H Armitage

Hon R L Brokenshire

Hon M R Buckby

Mr Condous

Hon I F Evans

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Hon G A Ingerson

Hon R G Kerin

Hon D C Kotz

Hon W A Matthew

Mr Meier

Hon J W Olsen

Hon J K G Oswald

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Hon M K Brindal (Teller)


        Noes, 24

 

Mr Atkinson

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Clarke

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Key

Mr Koutsantonis

Mr Lewis

Ms Maywald

Mr McEwen

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Ms Thompson

Ms White

Mr Williams

Mr Wright

Mr Conlon (Teller)


         So it passed in the negative.

 

Resolved – That an alternative amendment be made in lieu thereof.

Resolved – That Amendments Nos 132 to 143 be disagreed to and an alternative amendment be made in lieu thereof.

Resolved – That Amendments Nos 144 to 150 be agreed to.

Resolved – That Amendment No 151 be agreed to and a consequential amendment be made.

Resolved – That Amendment No 152 be disagreed to and an alternative amendment be made in lieu thereof.

Resolved – That Amendment No 153 be amended and agreed to.

Resolved – That Amendments Nos 154 to 171 be agreed to.

 

____________

 

         The House having resumed:

Hon D C Wotton reported that the Committee had considered the amendments referred to it and had agreed to Amendments Nos 1 to 45, 48 to 64, 68 to 72, 74, 77 to 82, 84 to 113, 144 to 151 and 154 to 171 made by the Legislative Council without any amendment; had agreed to Amendments Nos 65, 73, 75 and 153 with amendments; had disagreed to Amendments Nos 114 to 143 and 152 and had made alternative amendments in lieu thereof; had disagreed to Amendments Nos 46, 47, 66, 67, 76 and 83; and had made consequential amendments.

 


8       Public Works Committee - Report – Pelican Point Power Station Transmission Connection Corridor - Motion to note

Mr Lewis, pursuant to notice, moved - That the One Hundredth Report of the Committee relating to the Pelican Point Power Station Transmission Connection Corridor be noted.

         Debate ensued.

         Question put and passed.

 

9       Public Works Committee – Report – Annual Report, 1998 - Motion to note

Order of the Day read for the adjourned debate on the question – That the One Hundred and Second Report of the Committee being the Annual Report, 1998 be noted.

         Debate ensued.

 

         Ordered, on motion of Ms Thompson (by leave), that the debate be adjourned until Wednesday next.

 

10      Joint Committee on Transport Safety - Report

Mr Scalzi brought up the Interim Report of the Joint Committee.

         Report received.

 

         Ordered, on the motion of Mr Scalzi, that consideration of the Report be made an Order of the Day for tomorrow.

 

11      Message from the Legislative Council

         The following Message from the Legislative Council was received and read:

 

         Electricity (Miscellaneous) Amendment Bill                                        Message No 88

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Electricity Act 1996 and to make related amendments to the Renmark Irrigation Trust Act 1936, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 3 August 1999                                             J C Irwin, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

No. 1. Page 1 (clause 4)—After line 19 insert new paragraph as follows:

               (a1)   by striking out the definition of "access";

 

No. 2. Page 2 (clause 4)—After line 2 insert new paragraph as follows:

               (ba)   by striking out from the definition of "electricity supply industry" "and sale of electricity" and substituting "or sale of electricity or other operations of a kind prescribed by regulation";

 

No. 3. Page 2 (clause 4)—After line 13 insert new paragraph as follows:

               (fa)    by striking out from the definition of "retailing" "and supply";

 

No. 4. Page 2 (clause 4)—After line 18 insert new paragraph as follows:

               (i)      by inserting after its present contents (now to be designated as subsection (1)) the following subsection:

 

                       (2) A reference in this Act to a powerline, a network, infrastructure or other property of an entity includes a reference to a powerline, a network, infrastructure or other property that is not owned by the entity but is operated by the entity.

 


No. 5. Page 2 (clause 7)—After line 36 insert the following:

               (ab)   if the Industry Regulator is appointed under the National Electricity Code as the body to perform or exercise certain functions and powers—those functions and powers; and

 

No. 6. Page 3, lines 2 to 4 (clause 7)—Leave out proposed subsection (2) and insert the following:

               (2) If electricity entities are required by licence condition to participate in an ombudsman scheme, the Industry Regulator must, in performing licensing functions under this Act, liaise with the ombudsman appointed under the scheme.

 

No. 7. Page 3 (clause 7)—After line 18 insert the following:

               "independent director" means a director appointed under section 6G(3a);

 

No. 8. Page 3, line 31 (clause 7)—Leave out “exceptions” and insert the following:

              exclusions or modifications

 

No. 9. Page 4, lines 5 to 10 (clause 7)—Leave out proposed paragraphs (d) and (e) and insert the following:

               (d)     to prepare or review proposals for significant projects relating to the transmission network in South Australia (taking into account possible alternatives to those projects such as the augmentation or extension of a distribution network, the construction or augmentation of the capacity of a generating plant and measures for reducing demand for electricity from the transmission network) and to make reports and recommendations to the Minister and the Industry Regulator in relation to such proposals;

 

No. 10.    Page 4, lines 14 and 15 (clause 7)—Leave out proposed paragraph (g) and insert the following:

               (g)     to submit to the Minister and the Industry Regulator, and publish, an annual review of the performance, future capacity and reliability of the South Australian power system;

 

              (ga)   if the Planning Council is appointed under the National Electricity Code as the body to carry out certain functions—to carry out those functions;

 

              (gb)   to publish from time to time such information relating to the matters referred to above as the Planning Council considers appropriate;

 

No. 11.    Page 5, lines 4 to 6 (clause 7)—Leave out "after consultation with the holders of licences authorising the generation of electricity and the holders of licences authorising the operation of transmission or distribution networks".

 

No. 12.    Page 5, lines 9 and 10 (clause 7)—Leave out proposed paragraphs (a) and (b) and insert the following:

               (a)     power system planning, design, development or operation;

 

No. 13.    Page 5 (clause 7)—After line 12 insert the following:

               (3a) Two of the members must be persons who are, in the opinion of the Governor, independent of the holders of licences authorising the generation of electricity or the operation of transmission or distribution networks.

 

              (3b) The Treasurer will consult with—

 

              (a)     the holders of licences authorising the generation of electricity in respect of the selection of a person for appointment as one of the remaining three members;

 

              (b)     the holders of licences authorising the operation of transmission networks in respect of the selection of a person for appointment as another of the remaining three members;

 

              (c)     the holders of licences authorising the operation of distribution networks in respect of the selection of a person for appointment as the other of the remaining three members.

 

No. 14.    Page 5, lines 15 to 18 (clause 7)—Leave out proposed subsections (5) and (6) and insert the following:

 

               (5) One of the independent directors will be appointed by the Governor to chair meetings of the board.

 

No. 15.    Page 5 (clause 7)—After line 20 insert the following:

               (8) The Governor may appoint deputies of directors, and the provisions of subsections (3), (3a) and (3b) apply in relation to the appointment of deputies in the same way as to directors.

 

              (9) A deputy of a director is, in the absence of that director, to be taken to have the powers, functions and duties of a director in the same way as if the deputy had been appointed to be a director.

 

No. 16.    Page 5 (clause 7)—After line 32 insert the following:

               (d)     in the case of an independent director—if the director has, in the opinion of the Governor, ceased to be so independent.

 

No. 17.    Page 6, lines 14 and 15 (clause 7)—Leave out "one-half of the total number of members of the board (ignoring any fraction resulting from the division) plus one" and insert:

 

              three directors at least one of whom must be an independent director or a deputy of an independent director

 

No. 18.    Page 6, lines 18 to 23 (clause 7)—Leave out proposed subsection (3) and insert the following:

 

               (3) If the director appointed to chair meetings of the board is absent from a meeting of the board, the following provisions apply:

 

              (a)     if the deputy of that director is present at the meeting—the deputy will preside at the meeting;

 

              (b)     if the deputy of that director is not present at the meeting—the other independent director will preside at the meeting;

 

              (c)     if that other independent director is not present at the meeting—the deputy of that other independent director will preside at the meeting.

 

No. 19.    Page 8 (clause 15)—After line 32 insert the following:

              Technical advisory committee

              14AB. The Technical Regulator must establish an advisory committee (the technical advisory committee) including representatives of—

 

              (a)     electricity entities; and

 

              (b)    contractor and employee associations involved in the electricity supply industry; and

 

              (c)     local government,

 

              to provide advice to the Technical Regulator, either on its own initiative or at the request of the Technical Regulator, on any matter relating to the functions of the Technical Regulator.

 

No. 20.    Page 10, lines 5 to 7 (clause 19)—Leave out proposed paragraph (a).

 

No. 21.    Page 11, lines 13 to 18 (clause 22)—Leave out paragraphs (d) and (e) and insert new paragraph as follows:

 

               (d)     by striking out subsection (3) and substituting the following subsection:

 

                       (3) The annual licence fee for a licence is the fee fixed, from time to time, by the Minister in respect of that licence as an amount that the Minister considers to be a reasonable contribution towards administrative costs.;

 

No. 22.    Page 11, line 33 to page 16, line 37 (clause 23)—Leave out proposed sections 21, 22, 23, 24 and 24A and insert the following:

 

              Licence conditions

              21. (1) The Industry Regulator must, on the issue of a licence, make the licence subject to conditions determined by the Industry Regulator—

 

              (a)     requiring compliance with applicable codes or rules made under the Independent Industry Regulator Act 1999 as in force from time to time; and

 

              (b)     requiring compliance with specified technical or safety requirements or standards; and

 

              (c)     relating to the electricity entity's financial or other capacity to continue operations under the licence; and

 

              (d)     if the cross-ownership rules apply to the electricity entity—

 

              (i)      requiring the electricity entity to comply with the cross-ownership rules; and

 

              (ii)     requiring the constitution of the electricity entity to contain provisions for the divestiture of shares for the purposes of rectifying a breach of the cross-ownership rules; and

 

              (iii)    requiring the electricity entity to notify the Industry Regulator about any matters relevant to the enforcement of the cross-ownership rules; and

 

          (e)         requiring the electricity entity to have all or part of the operations authorised by the licence audited and to report the results of the audit to the Industry Regulator; and

 

          (f) requiring the electricity entity to notify the Industry Regulator about changes to officers and, if applicable, major shareholders of the entity; and

 

          (g)         requiring the electricity entity to provide, in the manner and form determined by the Industry Regulator, such other information as the Industry Regulator may from time to time require; and

 

          (h)         requiring the electricity entity to comply with the requirements of any scheme approved and funded by the Minister for the provision by the State of customer concessions or the performance of community service obligations by electricity entities.

 

          (2) The Industry Regulator must, on the issue of a licence, make the licence subject to further conditions that the Industry Regulator is required by regulation to impose on the issue of such a licence.

 

          (3) The Industry Regulator may, on the issue of a licence, make the licence subject to further conditions considered appropriate by the Industry Regulator.

 

          (4) The Industry Regulator must provide to the Minister any information that the Minister requires for the purposes of the administration of a scheme for the provision by the State of customer concessions, or the performance of community service obligations, relating to the sale or supply of electricity.

 

          Licences authorising generation of electricity

          22. (1) The Industry Regulator must, on the issue of a licence authorising the generation of electricity, make the licence subject to conditions determined by the Industry Regulator—

 

          (a)         requiring compliance with directions of the system controller; and

 

          (b)         requiring the electricity entity not to do anything affecting the compatibility of the entity's electricity generating plant with any transmission or distribution network so as to prejudice public safety or the security of the power system of which the generating plant forms a part; and

 

          (c)         requiring the electricity entity—

 

              (i)      to prepare and periodically revise a safety and technical management plan dealing with matters prescribed by regulation; and

 

              (ii)     to obtain the approval of the Industry Regulator (which may only be given by the Industry Regulator on the recommendation of the Technical Regulator) to the plan and any revision; and

 

              (iii)    to comply with the plan as approved from time to time; and

 

              (iv)     to audit from time to time the entity's compliance with the plan and report the results of those audits to the Technical Regulator; and

 

          (d)         requiring the electricity entity to provide to the Electricity Supply Industry Planning Council such information as it may reasonably require for the performance of its functions; and

 

          (e)         requiring the electricity entity—

 

              (i)      to grant to each electricity entity holding a licence authorising the operation of a transmission or distribution network rights to use or have access to the entity's electricity generating plant that are necessary for the purpose of ensuring the proper integrated operation of the State's power system and the proper carrying on of the operations authorised by the entity's licence; and

 

              (ii)     in the absence of agreement as to the terms on which such rights are to be granted, to comply with any determination of the Industry Regulator as to those terms; and

 

              (iii)    to comply with any code provisions in force from time to time under the Independent Industry Regulator Act 1999 establishing a scheme for the resolution of disputes in relation to such rights; and

 

          (f) requiring the electricity entity to maintain insurance against any liability for causing a bushfire and to provide the Industry Regulator with a certificate of the insurer or the insurance broker by whom the insurance was arranged certifying (in a manner approved by the Industry Regulator) that the insurance is adequate and appropriate given the nature of the operations carried on under the entity's licence and the risks entailed in those operations.

 

          (2) This section does not limit the matters that may be dealt with by terms or conditions of a licence authorising the generation of electricity.

 

          Licences authorising operation of transmission or distribution network

              23. (1) The Industry Regulator must, on the issue of a licence authorising the operation of a transmission or distribution network, make the licence subject to conditions determined by the Industry Regulator—

 

              (a)     requiring compliance with directions of the system controller; and

 

              (b)     requiring the electricity entity not to do anything affecting the compatibility of the entity's transmission or distribution network with any electricity generating plant or transmission or distribution network so as to prejudice public safety or the security of the power system of which the transmission or distribution network forms a part; and

 

              (c)     requiring the electricity entity—

 

              (i)      to prepare and periodically revise a safety and technical management plan dealing with matters prescribed by regulation; and

 

              (ii)     to obtain the approval of the Industry Regulator (which may only be given by the Industry Regulator on the recommendation of the Technical Regulator) to the plan and any revision; and

 

              (iii)    to comply with the plan as approved from time to time; and

 

              (iv)     to audit from time to time the entity's compliance with the plan and report the results of those audits to the Technical Regulator; and

 

          (d)         requiring the electricity entity to provide to the Electricity Supply Industry Planning Council such information as it may reasonably require for the performance of its functions; and

 

          (e)         requiring the electricity entity to maintain specified accounting records and to prepare accounts according to specified principles; and

 

          (f) requiring the electricity entity to inform persons seeking or in receipt of network services of the terms on which the services are provided (including the charges for the services) and of any changes in those terms; and

 

          (g)         requiring the electricity entity to carry out work to locate powerlines underground in accordance with a program established under Part 5A; and

 

          (h)         requiring the electricity entity to comply with—

 

              (i)      specified provisions for or relating to the granting to other electricity entities of rights to use or have access to the entity's transmission or distribution network (on non-discriminatory terms) for the transmission or distribution of electricity by the other entities; and

 

              (ii)     any scheme that the Industry Regulator may establish by a code made under the Independent Industry Regulator Act 1999 for the resolution of disputes in relation to such rights; and

 

          (i) requiring the electricity entity to comply with—

 

              (i)      specified provisions for or relating to the granting to all electricity entities and customers of a class specified in the condition of rights to use or have access to the entity's transmission or distribution network (on non-discriminatory terms) to obtain electricity from the network; and

 

              (ii)     any scheme that the Industry Regulator may establish by a code made under the Independent Industry Regulator Act 1999 for the resolution of disputes in relation to such rights; and

 

          (j) requiring the electricity entity to comply with code provisions as in force from time to time (which the Industry Regulator must make under the Independent Industry Regulator Act 1999) establishing a scheme—

 

              (i)      for other bodies to use or have access to the entity's transmission or distribution network for telecommunications purposes (subject to requirements as to technical feasibility and preservation of visual amenity); and

 

              (ii)     for the resolution of disputes in relation to such use or access by a person other than the Industry Regulator who is appointed by the Industry Regulator; and

 

          (k)         requiring the electricity entity to participate in an ombudsman scheme the terms and conditions of which are approved by the Industry Regulator; and

 

          (l) requiring the electricity entity to maintain insurance against any liability for causing a bushfire and to provide the Industry Regulator with a certificate of the insurer or the insurance broker by whom the insurance was arranged certifying (in a manner approved by the Industry Regulator) that the insurance is adequate and appropriate given the nature of the operations carried out under the entity's licence and the risks entailed in those operations; and

 

          (m)        in the case of a licence authorising the operation of a transmission network—

 

              (i)      requiring the business of the operation of the transmission network authorised by the licence to be kept separate from any other business of the electricity entity or any other person in the manner and to the extent specified in the conditions; and

 

              (ii)     requiring the electricity entity—

 

                       (A)          to grant to each electricity entity holding a licence authorising the generation of electricity or the operation of a distribution network rights to use or have access to the entity's transmission network that are necessary for the purpose of ensuring the proper integrated operation of the State's power system and the proper carrying on of the operations authorised by the entity's licence; and

 

                       (B)          in the absence of agreement as to the terms on which such rights are to be granted, to comply with any determination of the Industry Regulator as to those terms; and

 

                       (C)          to comply with any code provisions in force from time to time under the Independent Industry Regulator Act 1999 establishing a scheme for the resolution of disputes in relation to such rights; and

 

          (n)         in the case of a licence authorising the operation of a distribution network—

 

              (i)      requiring the business of the operation of the distribution network authorised by the licence to be kept separate from any other business of the electricity entity or any other person in the manner and to the extent specified in the conditions; and

 

              (ii)     requiring the electricity entity—

 

                       (A)          to grant to each electricity entity holding a licence authorising the generation of electricity or the operation of a transmission network rights to use or have access to the entity's distribution network that are necessary for the purpose of ensuring the proper integrated operation of the State's power system and the proper carrying on of the operations authorised by the entity's licence; and

 

                       (B)          in the absence of agreement as to the terms on which such rights are to be granted, to comply with any determination of the Industry Regulator as to those terms; and

 

                       (C)          to comply with any code provisions in force from time to time under the Independent Industry Regulator Act 1999 establishing a scheme for the resolution of disputes in relation to such rights; and

 

              (iii)    requiring the electricity entity to establish customer consultation processes of a specified kind; and

 

              (iv)     requiring or relating to standard contractual terms and conditions to apply to the supply of electricity to non-contestable customers or customers of a prescribed class; and

 

              (v)     requiring the electricity entity to comply with code provisions as in force from time to time (which the Industry Regulator must make under the Independent Industry Regulator Act 1999) imposing minimum standards of service for customers that are at least equivalent to the actual levels of service for such customers prevailing during the year prior to the commencement of this section and take into account relevant national benchmarks developed from time to time, and requiring the entity to monitor and report on levels of compliance with those minimum standards; and

 

              (vi)     requiring the electricity entity to comply with code provisions as in force from time to time (which the Industry Regulator must make under the Independent Industry Regulator Act 1999) limiting the grounds on which the supply of electricity to customers may be disconnected and prescribing the process to be followed before the supply of electricity is disconnected; and

 

              (vii)    requiring a specified process to be followed to resolve disputes between the electricity entity and customers as to the supply of electricity; and

 

              (viii)   requiring the electricity entity to enter into and comply with an agreement (on terms approved from time to time by the Industry Regulator) with each person holding a licence authorising the retailing of electricity who provides services to the same customers as the entity as to the co-ordination of the provision of services to those customers; and

 

              (ix)    requiring the electricity entity to sell and supply electricity (on terms and conditions approved by the Industry Regulator) to customers of another electricity entity whose licence under this Act to carry on retailing of electricity is suspended or cancelled or whose right to acquire electricity from the market for wholesale trading in electricity is suspended or terminated or who has ceased to retail electricity in the State (a retailer of last resort requirement); and

 

              (x)     requiring the electricity entity—

 

                       (A)          to investigate, before it makes any significant expansion of the distribution network or the capacity of the distribution network, whether it would be cost effective to avoid or postpone such expansion by implementing measures for the reduction of demand for electricity from the network; and

 

                       (B)          to prepare and publish reports relating to such demand management investigations and measures.

 

          (2) A condition of an electricity entity's licence imposed under subsection (1)(h) is not to be taken to require the granting to other electricity entities of rights to use or have access to the entity's transmission or distribution network for the support or use of electricity infrastructure of the other entities.

 

          (3) A retailer of last resort requirement operates only until 1 January 2005.

 

          (4) The obligation to sell and supply electricity to a customer imposed by a retailer of last resort requirement continues only until the end of three months from the event giving rise to the obligation or until the customer advises the electricity entity that the sale and supply is no longer required, whichever first occurs.

 

          (5) A licence that is subject to a retailer of last resort requirement is to be taken to authorise the sale and supply of electricity in accordance with the requirement.

 

          (6) This section does not limit the matters that may be dealt with by terms or conditions of a licence authorising the operation of a transmission or distribution network.

 

          Licences authorising retailing

          24. (1) A licence authorising the retailing of electricity must, if the Minister so determines and despite section 7 of the Independent Industry Regulator Act 1999, confer on the entity an exclusive right to sell electricity to non-contestable customers within a specified area.

 

          (2) The Industry Regulator must, on the issue of a licence authorising the retailing of electricity, make the licence subject to conditions determined by the Industry Regulator—

 

          (a)         requiring, if the holder of the licence is a related body corporate (within the meaning of the Corporations Law) in relation to the holder of a licence authorising the operation of a distribution network, the business of the retailing of electricity authorised by the licence to be kept separate from the business of the operation of the distribution network in the manner and to the extent specified in the conditions; and

 

          (b)         if the electricity entity sells electricity to non-contestable customers, requiring the electricity entity to maintain specified accounting records and to prepare accounts according to specified principles; and

 

          (c)         requiring the electricity entity to establish customer consultation processes of a specified kind; and

 

          (d)         requiring the electricity entity, until 31 December 2002, to—

 

              (i)      request its contestable customers to give written consent to the electricity entity providing their names, addresses and other contact details from time to time to the Industry Regulator and the Industry Regulator providing that information to other electricity entities holding licences authorising the retailing of electricity; and

 

              (ii)     provide copies of such consents and the information relating to the consenting customers to the Industry Regulator; and

 

          (e)         if the electricity entity sells electricity to non-contestable customers—

 

              (i)      requiring the electricity entity to take reasonable steps to identify when its non-contestable customers will or could become contestable customers and to give such customers at least 20 clear business days notice of that fact, together with notice of the tariffs and charges for electricity currently applicable to the customers and the names of other electricity entities that hold licences authorising the retailing of electricity; and

 

              (ii)     specifying the manner in which such notice must be given; and

 

          (f) if the electricity entity sells electricity to non-contestable customers and under the standard terms and conditions governing the sale of electricity by the electricity entity at least the same level of the tariffs and charges applicable to customers as non-contestable customers will apply to the customers for a specified period after they become contestable customers—

 

              (i)      requiring the electricity entity to take reasonable steps to give the customers at least 20 clear business days notice of the date on which the specified period will expire; and

 

              (ii)     specifying the manner in which such notice must be given; and

 

          (g)         requiring or relating to standard contractual terms and conditions to apply to the sale of electricity to non-contestable customers or customers of a prescribed class; and

 

          (h)         requiring the electricity entity to enter into and comply with an agreement (on terms approved from time to time by the Industry Regulator) with each person holding a licence authorising the operation of a distribution network who provides services to the same customers as the entity as to the co-ordination of the provision of services to those customers; and

 

          (i) requiring the electricity entity to comply with code provisions as in force from time to time (which the Industry Regulator must make under the Independent Industry Regulator Act 1999) imposing minimum standards of service for customers that are at least equivalent to the actual levels of service for such customers prevailing during the year prior to the commencement of this section and take into account relevant national benchmarks developed from time to time, and requiring the entity to monitor and report on levels of compliance with those minimum standards; and

 

          (j) requiring the electricity entity to comply with code provisions as in force from time to time (which the Industry Regulator must make under the Independent Industry Regulator Act 1999) limiting the grounds on which the supply of electricity to customers may be discontinued or disconnected and prescribing the process to be followed before the supply of electricity is discontinued or disconnected; and

 

          (k)         requiring a specified process to be followed to resolve disputes between the electricity entity and customers as to the sale of electricity; and

 

          (l) requiring the electricity entity to participate in an ombudsman scheme the terms and conditions of which are approved by the Industry Regulator; and

 

          (m)        requiring the electricity entity—

 

              (i)      to investigate strategies for achieving a reduction of greenhouse gas emissions to such targets as may be set by the Environment Protection Authority from time to time or such levels as may be binding on the entity from time to time, including strategies for promoting the efficient use of electricity and the sale, as far as is commercially and technically feasible, of electricity produced through cogeneration or from sustainable sources; and

 

              (ii)     to prepare and publish annual reports on the implementation of such strategies.

 

          (3) The Industry Regulator must, before issuing a licence conferring an exclusive right to sell electricity to non-contestable customers within a specified area, agreeing to the transfer of such a licence or determining or varying conditions of such a licence, consult with and have regard to the advice of—

 

          (a)         the Commissioner for Consumer Affairs; and

 

          (b)         the consumer advisory committee established under Part 2.

 

          (4) This section does not limit the matters that may be dealt with by terms or conditions of a licence authorising the retailing of electricity.

 

          Licences authorising system control

          24A. (1) The Industry Regulator must, on the issue of a licence authorising system control over a power system, make the licence subject to conditions determined by the Industry Regulator requiring the business of system control authorised by the licence to be kept separate from any other business of the electricity entity or any other person in the manner and to the extent specified in the conditions.

 

          (2) This section does not limit the matters that may be dealt with by terms or conditions of a licence authorising system control over a power system.

 

 

No. 23.    Page 18, lines 18 to 20 (clause 29)—Leave out this clause and insert new clause as follows:

 

          Amendment of s. 30—Register of licences

          29. Section 30 of the principal Act is amended—

 

          (a)         by striking out from subsection (1) "Technical Regulator" and substituting "Industry Regulator";

 

          (b)         by striking out from subsection (3) "on payment of a fee fixed by the Technical Regulator" and substituting "without payment of a fee".

 

No. 24.    Page 18, lines 21 to 35, and page 19, lines 1 to 13 (clauses 30, 31 and 32)—Leave out these clauses and insert new clause as follows:

 

          Substitution of ss. 31, 32 and 33

          30. Sections 31, 32 and 33 of the principal Act are repealed and the following section is substituted:

 

              Functions and powers of system controller

                       31. (1) Subject to the regulations, a system controller for a power system has the function of monitoring and controlling the operation of the power system with a view to ensuring that the system operates safely and reliably.

 

                       (2) A system controller for a power system has, in carrying out the system controller's functions under this Act—

 

                       (a)          power to issue directions to electricity entities that are engaged in the operation of the power system, or contribute electricity to, or take electricity from, the power system; and

 

                       (b)          the other powers conferred by regulation.

 

 

                                                   (a)        to switch off or reroute a generator;

 

                                                   (b)        to call equipment into service;

 

                                                   (c)        to take equipment out of service;

 

                                                   (d)        to commence operation or maintain, increase or reduce active or reactive power output;

 

                                                   (e)        to shut down or vary operation;

 

                                                   (f)         to shed or restore customer loads.

 

                                                   (4) If an electricity entity refuses or fails to comply with a direction of a system controller, the system controller may—

 

                                                   (a)        authorise a person to take the action required by the direction or to cause the action to be taken; and

 

                                                   (b)        give the electricity entity any directions the system controller considers necessary to facilitate the taking of the action.

 

                                                   (5) Costs and expenses incurred in taking action or causing action to be taken under subsection (4) are recoverable from the electricity entity by the system controller as a debt in a court of competent jurisdiction.

 

                                                   (6) The functions and powers of a system controller for a power system operated in the National Electricity Market (ie the market regulated by the National Electricity Law) may only be performed or exercised in a manner that is consistent with the National Electricity (South Australia) Law and the National Electricity Code.

 

No. 25.    Page 19, lines 14 to 26 (clause 33)—Leave out this clause.

 

No. 26.    Page 20, line 7 (clause 34)—After "charged" insert "to small customers".

 

No. 27.    Page 21 (clause 34)—After line 13 insert the following:

                                                  (5a) An electricity pricing order may require an electricity entity to provide information to other electricity entities, customers or others, or generally publish information, relating to prices, conditions relating to prices or price-fixing factors.

 

No. 28.    Page 22, line 11 (clause 36)—Leave out paragraph (a) and insert new paragraph as follows:

                                      (a)        by striking out from subsection (1) "governing the supply of electricity" and substituting "governing the sale or supply of electricity (including the service of making connections to a transmission or distribution network)";

 

No. 29.    Page 22 (clause 36)—After line 12 insert new paragraph as follows:

                                      (c)        by inserting after paragraph (c) of subsection (3) the following paragraph:

 

                                       (d)        will, if they vary or exclude the operation of section 78(1) of the National Electricity Law, form an agreement between the electricity entity and each of the customers to which they are expressed to apply for the purposes of that section.

 

No. 30.    Page 24, lines 11 and 12 (clause 46)—Leave out this clause and insert new clause as follows:

                          Amendment of s. 47—Power to carry out work on public land

                           46. Section 47 of the principal Act is amended—

 

                           (a)        by inserting after subsection (2) the following subsection:

 

                                                   (2a) This section does not apply to work of a kind that may be carried out under the statutory easement under Schedule 1 of the Electricity Corporations (Restructuring and Disposal) Act 1999.;

 

                           (b)        by striking out subsections (11) and (12).

 

No. 31.    Page 25—After line 6 insert new clause as follows:

                          Amendment of s. 50—Entry to read meters, etc.

                           48A. Section 50 of the principal Act is amended by inserting "sold or" before "supplied".

 

No. 32.    Page 25, lines 20 to 24 (clause 51)—Leave out proposed subsections (1) and (2) and insert the following:

 

                                      (1) The Minister may prepare periodic programs for work to be carried out by an electricity entity for the undergrounding of powerlines forming part of a transmission or distribution network operated by the entity.

 

                           (2) Undergrounding work may not be included in a program unless—

 

                           (a)        the council of each area concerned agrees to contribute to the cost of the work in its area on the basis determined by the Minister; or

 

                           (b)        the Minister determines, in relation to particular work, that the council need not contribute to the cost of the work.

 

                           (2a) In preparing programs, the Minister must ensure that the total cost of the work to be carried out at the expense of electricity entities in each financial year (as estimated by the Minister) is not less than an amount fixed or determined under the regulations for that financial year.

 

                           (2b) The Minister must consult with the Local Government Association of South Australia before a regulation is made for the purposes of subsection (2a).

 

No. 33.    Page 25, lines 29 and 30 (clause 51)—Leave out proposed subsection (4).

 

No. 34.    Page 25 (clause 51)—After line 36 insert the following:

 

                                      (7) Before varying a program, the Minister must consult with councils, electricity entities, bodies (other than councils) responsible for the care, control or management of roads and other persons as the Minister considers appropriate.

 

                           (8) The Minister must give due consideration to matters arising from any submissions and consultations under this section.

 

No. 35.    Page 26—After line 4 insert new clause as follows:

 

                          Amendment of s. 61—Electrical installation work

                           53A. Section 61 of the principal Act is amended—

 

                           (a)        by inserting in subsection (1) "to whom this section applies" after "A person";

 

                           (b)        by striking out subsections (2) and (3) and substituting the following subsection:

 

                                                   (2) This section applies—

 

                                                   (a)        if a licensed electrical contractor or licensed building work contractor has employed or engaged a registered electrical worker to personally carry out work on an electrical installation or proposed electrical installation—to the licensed electrical contractor or licensed building work contractor; or

 

                                                   (b)        if a registered electrical worker who personally carries out work on an electrical installation or proposed electrical installation has not been employed or engaged to do so by a licensed electrical contractor or licensed building work contractor—to the registered electrical worker.

 

No. 36.    Page 26, line 7 (clause 54)—After "amended" insert new paragraph as follows:

 

                                      (a)        by striking out from subsection (2)(a) "in charge of" and substituting "that operates";

 

No. 37.    Page 27, line 10 (clause 61)—After "amended" insert new paragraph as follows:

 

                                      (a)        by striking out from subsection (2)(a) "in charge of" and substituting "that operates";

 

 

No. 38.    Page 29 (clause 64)—After line 34 insert the following:

 

                                      (2a) Except as otherwise provided in the exemption, an exemption under subsection (1) may be varied or revoked by the Industry Regulator by notice in writing.

 

No. 39.    Page 29 (clause 64)—After line 37 insert the following:

 

                                       (4) Except as otherwise provided in the exemption, an exemption under subsection (3) may be varied or revoked by the Technical Regulator by notice in writing.

 

No. 40.    Page 29 (clause 64)—After line 37 insert the following:

 

                          Register of exemptions

                                       80A. (1) The Industry Regulator and the Technical Regulator must each keep a register of exemptions granted by him or her under this Act.

 

                                       (2) A register kept under this section must include the terms and conditions of each exemption recorded in it.

 

                                        (3) A person may, without payment of a fee, inspect a register kept under this section.

 

No. 41.    Page 30, line 8 (clause 66)—Leave out "a function or power" and insert:

 

                          any of his or her functions or powers

 

 

No. 42.    Page 32 (clause 74)—After line 10 insert the following:

 

                          "Pelican Point generation licence" means a licence under this Act authorising the generation of electricity by means of an electricity generating plant situated on the Pelican Point land (whether the plant is contained within that land or extends to adjacent land);

 

              "the Pelican Point land" means the land comprised in Certificate of Title Register Book Volume 5660 Folio 245 and Volume 5660 Folio 246;

 

No. 43.    Page 32, lines 12 to 25 (clause 74)—Leave out all words in these lines and insert the following:

 

                          "specially issued distribution licence" means a licence issued in accordance with an order of the Minister under Part 5 of the Electricity Corporations (Restructuring and Disposal) Act 1999 authorising the operation of a distribution network or some other licence authorising the operation of all or part of that distribution network;

 

              "specially issued generation licence" means a licence issued in accordance with an order of the Minister under Part 5 of the Electricity Corporations (Restructuring and Disposal) Act 1999 authorising the generation of electricity or some other licence authorising the generation of electricity by means of an electricity generating plant previously operated pursuant to the licence issued in accordance with the order of the Minister;

 

              "specially issued retailing licence" means a licence issued in accordance with an order of the Minister under Part 5 of the Electricity Corporations (Restructuring and Disposal) Act 1999 authorising the retailing of electricity or some other licence authorising the retailing of electricity to non-contestable customers;

 

              "specially issued transmission licence" means a licence issued in accordance with an order of the Minister under Part 5 of the Electricity Corporations (Restructuring and Disposal) Act 1999 authorising the operation of a transmission network or some other licence authorising the operation of all or part of that transmission network;

 

              "State‑owned company" has the same meaning as in the Electricity Corporations (Restructuring and Disposal) Act 1999.

 

 

No. 44.    Page 33, line 11 (clause 74)—After "20%" insert:

 

                          , or, if a lesser percentage is prescribed by regulation, that lesser percentage,

 

 

No. 45.    Page 33, line 18 to page 35, line 8 (clause 74)—Leave out clause 2 and insert new clause as follows:

 

                          Application and expiry of Schedule

                           2. (1) This Schedule—

 

                           (a)        does not apply in relation to an instrumentality of the Crown in right of this State; and

 

                           (b)        does not prevent an electricity entity from acquiring an interest in, or rights in respect of, electricity infrastructure as contemplated by conditions of a licence under this Act or as a necessary or incidental part of the operations authorised by the licence held by the entity; and

 

                           (c)        has effect subject to any other exceptions prescribed by regulation.

 

                           (2) This Schedule expires on 31 December 2002.

 

              Cross-ownership rules

                           2A. (1) The holder of a specially issued generation licence or an associate of the holder must not—

 

                           (a)        hold another specially issued generation licence; or

 

                           (b)        be entitled to any shares in, or be an associate of, the holder of another specially issued generation licence; or

 

                           (c)        acquire an interest in, or rights in respect of, the electricity infrastructure of the holder of another specially issued generation licence.

 

                           (2) The holder of a specially issued generation licence in respect of Torrens Island Power
Station A or Torrens Island Power Station B or Northern Power Station at or near Port Augusta or Playford Power Station at or near Port Augusta or an associate of the holder must not—

 

                           (a)        hold a Pelican Point generation licence; or

 

                           (b)        be entitled to any shares in, or be an associate of, the holder of a Pelican Point generation licence; or

 

                           (c)        acquire an interest in, or rights in respect of, the electricity infrastructure of the holder of a Pelican Point generation licence.

 

                           (3) The holder of a Pelican Point generation licence or an associate of the holder must not—

 

                           (a)        hold a specially issued generation licence in respect of Torrens Island Power Station A or Torrens Island Power Station B or Northern Power Station at or near Port Augusta or Playford Power Station at or near Port Augusta; or

 

                           (b)        be entitled to any shares in, or be an associate of, the holder of a licence referred to in paragraph (a); or

 

                           (c)        acquire an interest in, or rights in respect of, the electricity infrastructure of the holder of a licence referred to in paragraph (a).

 

                           (4) The holder of a specially issued generation licence or a Pelican Point generation licence or an associate of the holder must not—

 

                           (a)        hold a specially issued transmission licence, a specially issued distribution licence or a specially issued retailing licence; or

 

                           (b)        be entitled to any shares in, or be an associate of, the holder of a licence referred to in paragraph (a); or

 

                           (c)        acquire an interest in, or rights in respect of, the assets of the holder of a specially issued retailing licence or the electricity infrastructure of the holder of any other licence referred to in paragraph (a); or

 

                           (d)        operate an electricity transmission network in another State or a Territory of the Commonwealth; or

 

                           (e)        be entitled to any shares in, or be an associate of, the operator of an electricity transmission network in another State or a Territory of the Commonwealth; or

 

                           (f)         acquire an interest in, or rights in respect of, an electricity transmission network in another State or a Territory of the Commonwealth; or

 

                           (g)        be entitled to any shares in, or be an associate of, a gas trading company; or

 

                           (h)        acquire an interest in, or rights in respect of, assets of a gas trading company; or

 

                           (i)         hold a gas pipeline licence; or

 

                           (j)         be entitled to any shares in, or be an associate of, a person who holds a gas pipeline licence; or

 

                           (k)        acquire an interest in, or rights in respect of, assets of a person who holds a gas pipeline licence.

 

                           (5) The holder of a specially issued transmission licence or an associate of the holder must not—

 

                           (a)        hold a specially issued generation licence, a Pelican Point generation licence, a specially issued distribution licence or a specially issued retailing licence; or

 

                           (b)        be entitled to any shares in, or be an associate of, the holder of a licence referred to in paragraph (a); or

 

                           (c)        acquire an interest in, or rights in respect of, the assets of the holder of a specially issued retailing licence or the electricity infrastructure of the holder of any other licence referred to in paragraph (a).

 

                           (6) The holder of a specially issued distribution licence or specially issued retailing licence or an associate of the holder must not—

 

                           (a)        hold a specially issued generation licence, a Pelican Point generation licence or a specially issued transmission licence; or

 

                           (b)        be entitled to any shares in, or be an associate of, the holder of a licence referred to in paragraph (a); or

 

                           (c)        acquire an interest in, or rights in respect of, the electricity infrastructure of the holder of a licence referred to in paragraph (a).

 

                           (7) The operator of an electricity transmission network in another State or a Territory of the Commonwealth or an associate of such an operator must not—

 

                           (a)        hold a specially issued generation licence or a Pelican Point generation licence; or

 

                           (b)        be entitled to any shares in, or be an associate of, the holder of a licence referred to in paragraph (a); or

 

                           (c)        acquire an interest in, or rights in respect of, the electricity infrastructure of the holder of a licence referred to in paragraph (a).

 

                           (8) A gas trading company or an associate of a gas trading company must not—

 

                           (a)        hold a specially issued generation licence or a Pelican Point generation licence; or

 

                           (b)        be entitled to any shares in, or be an associate of, the holder of a licence referred to in paragraph (a); or

 

                           (c)        acquire an interest in, or rights in respect of, the electricity infrastructure of the holder of a licence referred to in paragraph (a).

 

                           (9) A person who holds a gas pipeline licence or an associate of such a person must not—

 

                           (a)        hold a specially issued generation licence or a Pelican Point generation licence; or

 

                           (b)        be entitled to any shares in, or be an associate of, the holder of a licence referred to in paragraph (a); or

 

                           (c)        acquire an interest in, or rights in respect of, the electricity infrastructure of the holder of a licence referred to in paragraph (a).

 

 

No. 46.    Page 37, lines 1 to 10 (clause 75)—Leave out this clause and insert new clause as follows:

 

                          Amendment of Sched. 2—Transitional Provisions

                           75. Schedule 2 of the principal Act is amended by striking out clause 2.

 

J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the amendments be taken into consideration on motion.

 

12      Heritage (Delegation by Minister) Amendment Bill

The Minister for Environment and Heritage (Hon D C Kotz), pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Heritage Act 1993.

Question put and passed.

 

         Bill presented and read a first time.

         The Minister moved - That this Bill be now read a second time.

         Ordered, on motion of Mr Hill, that the debate be adjourned until tomorrow.

 

13      Electricity (Miscellaneous) Amendment Bill

Ordered - That the amendments of the Legislative Council in this Bill be now taken into consideration.

 

In Committee

         Resolved – That the amendments be agreed to.

 

____________

 

         The House having resumed:

Hon G M Gunn reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 


14      Message from the Legislative Council

         The following Message from the Legislative Council was received and read:

 

         New Tax System Price Exploitation Code (South Australia) Bill         Message No 89

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to apply certain laws of the Commonwealth relating to the New Tax System Price Exploitation Code as laws of South Australia; to make a consequential amendment to the Competition Policy Reform (South Australia) Act 1996; and for other purposes, to which it desires the concurrence of the House of Assembly.

The Legislative Council draws the attention of the House of Assembly to Clause No 36, printed in erased type, which clause, being a money clause, cannot originate in the Legislative Council, but which is deemed necessary to the Bill.

         Legislative Council, 4 August 1999                                             J C Irwin, PRESIDENT

 

         Bill read a first time.

 

         The Minister for Education, Children’s Services and Training (Hon M R Buckby) moved - That this Bill be now read a second time.

 

         Suspension of Standing Orders

The Minister, without notice, moved - That Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

Question put and passed.

 

Debate ensued.

         Question put and passed.

         Bill read a second time.

 

In Committee

                                                Clauses Nos 1 to 35 agreed to.

                                                New Clause No 36 inserted.

                                                Clause No 37 agreed to.

                                                Schedule agreed to.

                                                Title agreed to.

____________

 

         The House having resumed:

Hon D C Wotton reported that the Committee had considered the Bill referred to it and had agreed to the same with an amendment.

 

Bill read a third time and passed.

 

15      ASER (Restructure) (Miscellaneous) 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.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

16      Emergency Services Funding (Miscellaneous) 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.

 


17      Extension of time for adjournment

The Minister for Police, Correctional Services and Emergency Services moved - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

Question put and passed.

 

18      Emergency Services Funding (Miscellaneous) Amendment Bill

Debate (interrupted by the foregoing) resumed.

         Question put and passed.

         Bill read a second time.

 

         Suspension of Standing Orders

Hon G M Gunn, without notice, moved - That Standing Orders be so far suspended as to enable him to move an instruction forthwith.

Question put and passed, without a negative voice, there being present an absolute majority of the whole number of Members of the House.

 

         Instruction to Committee

Hon G M Gunn moved – That it be an instruction to the Committee of the whole House on the Bill that it have power to consider a new clause dealing with the powers of Country Fire Service Officers.

 

In Committee

                                       Clause No 1 agreed to.

                                       Clause No 2 amended and agreed to.

                                       Clause No 3 read.

 

To report progress and ask leave to sit again.

____________

 

The House having resumed:

Hon D C Wotton reported that the Committee had considered the Bill referred to it and had made progress therein and asked leave to sit again.

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

 

 

19      Suspension and resumption of sitting

         At 9.48 pm the sitting of the House was suspended.

         At 10.26 pm the Speaker resumed the Chair.

 

20      Emergency Services Funding (Miscellaneous) Amendment Bill

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

 

In Committee

                                                Clause No 3 agreed to.

                                                New clause No 3A inserted.

The Minister moved on page 1, after line 28, to insert new clause as follows:

 

      Amendment of s. 5—Land that is subject to the levy

            3B. Section 5 of the principal Act is amended—

 

            (a)  by inserting the following word and paragraph after paragraph (b) of subsection (2):

                  or

(c)     any aggregation of land pursuant to subsection (2a).;

 

            (b)  by inserting the following subsection after subsection (2):

 

                  (2a) Where two or more pieces or sections of land or aggregations of contiguous land are not contiguous they may be aggregated for the purposes of subsection (2)(c) if—

                  (a)  the owner of all of the land concerned is the same person; and

                  (b)  all of the land is used to carry on the business of primary production and is managed as a single unit for that purpose; and

                  (c)  all of the land is either situated in the area of the same council under the Local Government Act 1934 or is situated in a part of the State that is not in the area of a council.;

 

            (c)  by inserting the following subsection after subsection (9):

 

                  (10) Residential land held from the South Australian Housing Trust under a lease, licence or agreement to purchase is exempt from the imposition of a levy under this Division.

 

         Amendment to amendment

Ms Maywald moved to amend the amendment by inserting after “owner” in the proposed subsection (2a)(a),“or occupier”.

 

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

         Question – That the amendment as amended be agreed to – put and passed.

 

The Minister moved to insert a new clause as follows:

 

    Insertion of s. 5A

           3C Application for aggregation of non contiguous land

                  5A. (1) The owner of land may apply to the Minister for the aggregation of non contiguous land for the purposes of section 5(2)(c).

 

                  (2) The application must—

                     (a)    be in writing; and

                     (b)    be received by the Minister on or before 31 March immediately preceding the financial year to which the aggregation of the land will relate (an application in respect of the 1999/2000 financial year must be received on or before 30 November 1999).

                  (3) The applicant must provide the Minister with such information and evidence as the Minister reasonably requires to consider the application.

                  (4) The Minister must serve notice of his or her decision on the applicant and, if the application is refused, the notice must include the Minister's reasons for refusing the application.

                  (5) An applicant may appeal against the Minister's refusal to the Administrative and Disciplinary Division of the District Court.

                  (6) The appeal must be made within 28 days after the notice is served on the applicant under subsection (4).

                  (7) If the basis on which land is aggregated for assessment purposes under section 5(2)(c) ceases to exist, the owner of the land must immediately inform the Minister of that fact.

                     Maximum penalty: $2 500.

 

         Amendment to amendment

Ms Maywald moved to amend the amendment by inserting after “owner” in the proposed section 5A(1), “or occupier”.

 

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

         Question – That the amendment as amended be agreed to – put and passed.

                                                Clauses Nos 4 and 5 agreed to.

                                                Clause No 6 amended and agreed to.

                                                Clauses Nos 7 to 11 agreed to.

                                                Clause No 12 amended and agreed to.

                                                New clause No 12A inserted.

                                                Clause No 13 agreed to.

                                                Clause No 14 amended and agreed to.

                                                New clause No 15 inserted.

                                                New clause No 16 amended and inserted.

                                                New clause No 17 inserted.

                                                Clause No 2 reconsidered, amended and agreed to.

                                                Title amended and agreed to.

____________

 

         The House having resumed:

Hon D C Wotton reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments; and had amended the title.

 

Bill read a third time and passed.

 

21         Adjournment

            House adjourned at 11.53 pm until 10.30 am tomorrow.

____________

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

            For Thursday 5 August

Notice of Motion: Other Motions

 

Mrs Penfold to move – That the Minister for Government Enterprises maintain public access to wharves under the control of Ports Corp, whether in public or private ownership, within occupational health and safety and other legal constraints.

 

Mr Hill to move – That this House notes the health and environmental concerns of local businesses, community groups and individuals regarding the emissions emanating from the Mt. Barker Products foundry and calls on the Government to suspend the foundry’s operations pending urgent discussions between the directors of the foundry and the Premier about the relocation of the plant.

____________

 

            Present during the day - All Members except Hon D C Brown, Ms Hurley.

 

         The following Pairs were handed in at the Table during the days proceedings:

 

         Division No 1 -

               Ayes - Ms Hurley, Ms Stevens.

               Noes -Hon D C Brown, Hon I F Evans.

 

         Division No 2 -

               Ayes - Hon D C Brown.

               Noes - Ms Hurley.

 

 

 

 

                                                                                    J K G Oswald

                                                                                    SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY