No 49

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

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MONDAY 24 MAY 2004

 

 

1       Meeting of House

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

 

2       Petition No 71

         The Clerk announced that the following Member had lodged a Petition for presentation:

 

71   Mr Snelling, from 526 electors and residents of South Australia, requesting the House to urge the Government to retain all designated road reserves in the State.

 

3       Papers

         The Speaker laid on the Table the following report:

 

The 20th Report of Public Works Committee entitled Soho Joint Venture Development – Technology Park which has been received and published pursuant to section 17(7) of the Parliamentary Committees Act 1991.  (Paper No 215).

 

         The following Paper was tabled:

 

By the Minister for Employment, Training and Further Education (Hon S W Key) –

      Further Education, Employment, Science and Technology, Department of – Report 2002-2003.

 

4       Answers to questions

Answers to questions on the Notice Paper Nos 173, 226, 240, 262, 265, 269, 276, 287, 288, 296, 306, 311, 312, 315 and 322 and questions without notice were tabled by the Speaker.

 

5       Questions

Questions without notice were asked.

 

6       Grievance debate

On motion of the Speaker, the House noted grievances.

 

7       Privileges Committee - Extension of time

Order of the Day read for the Report of the Privileges Committee to be brought up.

The Minister for Agriculture, Food and Fisheries (Hon R J McEwen), moved - That the time for bringing up the Report be extended until Wednesday 26 May.

Question put and passed.

 

8       Postponement of business

Ordered severally - That Orders of the Day: Government Business Nos 2 to 18 be postponed and taken into consideration after Order of the Day: Government Business No 19.

 

 

9       Gas (Temporary Rationing) 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 4 agreed to.

Clause No 5 amended and agreed to.

Clauses Nos 6 to 9 agreed to.

Title agreed to.

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         The House having resumed:

Mr Rau 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.

 

10      Gaming Machines (Extension of Freeze) Amendment 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 amended and agreed to.

Clause No 4 amended and agreed to.

Title agreed to.

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         The House having resumed:

Mr Rau reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments.

 

Bill read a third time and passed.

 

11      Primary Produce (Food Safety Schemes) 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.

 

12      Postponement of business

Ordered - That Order of the Day: Government Business No 4 be postponed and taken into consideration after Order of the Day: Government Business No 5.

 

13      Pastoral Land Management and Conservation (Indigenous Land Use Agreements) 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.

 

         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 to the Committee without notice.

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 the Committee

Hon G M Gunn then moved – That it be an instruction to the Committee of the whole House on the Bill that it have power to consider amendments relating to the composition of the Board, the term of leases and the assessment process.

Question put and passed.

 

In Committee

Clauses Nos 1 to 3 agreed to.

Clause No 4 amended and agreed to.

Clauses Nos 5 and 6 agreed to.

New Clause No 6A inserted.

New Clause No 6B inserted.

 

The Attorney-General (Hon M J Atkinson) moved on page 3, after line 14, to insert new clause as follows:

 

6C—Amendment of section 22—Conditions of pastoral leases

            (1)        Section 22—after subsection (1) insert:

(1a)        A land management condition referred to in subsection (1)(b) will be taken to be a condition of all pastoral leases (whether granted before or after the commencement of this subsection).

            (2)        Section 22—after subsection (4) insert:

(5)         A condition of a pastoral lease is, to the extent that it relates to the minimum stocking rate of pastoral land, void and of no effect.

                        (6)        The Board may, at the request or with the consent of the lessee—

(a)  approve the pasturing (as part of the commercial enterprise under the lease) of a species of animal other than a species specified in the lease; and

(b)  approve a level of stock on the land, or on a particular part of the land, in excess of the maximum levels specified in the lease; and

(c)  approve the use of land subject to a pastoral lease for a purpose other than pastoral purposes; and

(d)  —

(i)        set aside from use for pastoral purposes land, or a part of the land, subject to a pastoral lease; and

(ii)        approve the use of the pastoral land set aside for the primary purpose of traditional Aboriginal pursuits, conservation purposes or other purposes as specified by the Board.

(7)         An approval of the Board under subsection (6) must be in writing and may be subject to conditions.

 

Amendment to Amendment

Mr Hanna moved to amend the proposed new clause by inserting the following before subclause (1) –

(a1)                                 Section 22(1)(a)(i) and (ii) – delete subparagraphs (i) and (ii)

(a2)                                 Section 22 (1)(a)(vi) – after “exercising” insert:

   , or attempting to exercise,

 

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

 

Mr Hanna moved to amend the proposed new clause by deleting subclause (1a) and inserting:

(1a)         A condition referred to in subsection (1)(a) or (1)(b), and a reservation referred to in subsection (1)(c), will be taken to be a condition or reservation (as the case requires) of all pastoral leases (whether granted before or after the commencement of this subsection).

 

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

Question – That the new Clause No 6C as amended be inserted – put and passed.

 

Hon G M Gunn moved to insert a new clause No 6CA as follows –

6CA – Substitution of section 24 – Term of pastoral leases

Section 24 – delete the section and substitute:

 

24 – Term of pastoral leases is continuous

(1)     The term of a pastoral lease, whether granted before or after the commencement of this section, is continuous.

(2)     Subsection (1) applies to a pastoral lease granted before the commencement of this section despite the provisions of the lease, which are modified accordingly, and despite any other provision of this Act.

(3)     However, this section does not apply to a pastoral lease to which clause 6 of the Schedule refers.

 

Question – That new Clause No 6CA be inserted - put and negatived.

 

The Attorney General moved to insert new clause No 6D as follows –

6D—Substitution of sections 25 and 26

Sections 25 and 26—delete the sections and substitute:

25—Assessment of land

(1)         The Board must cause an assessment of the condition of the land comprised in each pastoral lease to be completed at intervals of not more than 14 years.

(2)         An assessment of the condition of land pursuant to this Act—

(a)      must be thorough; and

(b)      must include an assessment of the capacity of the land to carry stock; and

(c)      must be conducted in accordance with recognised scientific principles; and

(d)      must be carried out by persons who are qualified and experienced in land assessment techniques; and

(e)      must take into account any matter prescribed by the regulations.

(3)         The Board must, by notice in writing, advise a lessee of a proposed assessment not less than 28 days before the assessment is due to commence.

(4)         On completing an assessment of the condition of land, the Board must forward—

(a)      a copy of the assessment; and

(b)      a written report of any action the Board proposes taking as a consequence of the assessment,

to the lessee.

(5)         The Board cannot take any action under this Act pursuant to an assessment unless—

(a)      the lessee has been given at least 60 days in which to consider and comment on the assessment and proposal; and

(b)      the Board has given consideration to any comments the lessee may have made during that period.

26—Extension of term of pastoral leases and variation of conditions

(1)         The Board may, by notice in writing given to the lessee, vary the land management conditions of a pastoral lease to take effect on the date or dates specified in the notice (and, if a property plan has been approved in respect of the pastoral lease, the variation must accord with the terms of the plan).

(2)         However, the Board cannot vary the land management conditions of a pastoral lease unless the lease conditions as varied by the Board are accepted by the lessee.

(3)         Subject to subsection (5), the Board must, by notice in writing given to the lessee within 12 months after the completion of the most recent assessment under section 25—

(a)      if the land management conditions of a pastoral lease are not to be varied by the notice under this subsection—extend the term of a pastoral lease; or

(b)      if the land management conditions of a pastoral lease are to be varied by the notice under this subsection—offer to extend the term of a pastoral lease,

by such period as will bring the term to 42 years (measured from the date the most recent assessment was completed).

(4)         An offer to extend the term of a pastoral lease under subsection (3)(b) is subject to the condition that the lessee accepts the lease conditions as varied within 12 months after receiving the offer (and if the lessee does not accept the lease conditions as varied within that period the offer is, by force of this section, withdrawn).

(5)         The Board may refuse to extend the term of a pastoral lease if satisfied—

(a)      there has been a wilful breach of a condition of the lease resulting in, or likely to result in, degradation of the land; or

(b)      the lessee has, without reasonable excuse, failed to discharge a duty imposed by section 7.

(6)         If—

(a)      an offer to extend a pastoral lease has been withdrawn under subsection (4); or

(b)      the Board has refused to extend the term of a pastoral lease under subsection (5),

the Board may (either on an application by the lessee or of its own motion), if satisfied that the grounds for the revocation or refusal no longer exist, extend the term of a pastoral lease by such period as will bring the balance of the term to 42 years (measured from the date the most recent assessment was completed).

(7)         For the purposes of this section, an assessment is taken to have been completed on the day that the Board resolves to issue a notice under subsection (3).

 

Amendment to Amendment

Hon G M Gunn moved to amend the proposed new Clause No 6D by deleting proposed section 25(2)(d) and inserting:

(d)           must be jointly carried by two persons (both of whom are qualified and experienced in land assessment techniques), one of whom has been selected for the purpose by the Minister, and the other has been selected by the South Australian Farmers Federation after consultation with the lessee, from among those persons appointed or assigned to carry out land assessment under this Act; and

 

Question – That the amendment to the proposed new Clause be agreed to - put and negatived.

 

Hon G M Gunn moved to amend the proposed new Clause No 6D by inserting new paragraph (2a) after proposed section 25(2) -

(2a)      An assessment carried out under subsection (1) must not, to the extent that the assessment relates to –

(a)           the capacity of the land to carry stock; or

(b)           the ability of the lessee to carry out improvements to pastoral land,

take into account the operation of the Native Vegetation Act 1991.

 

         To report progress and ask leave to sit again.

 

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         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.

 

14      Adjournment

House adjourned at 8.29 pm until tomorrow at 2.00 pm.

 

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Tuesday 25 May 2004

 

Notice of Motion: Government Business -

 

The Minister for Consumer Affairs (Hon M J Atkinson) to move – That he have leave to introduce a Bill for an Act to amend the Conveyancers Act 1994.

 

            For Wednesday 26 May 2004

 

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

 

Mr Caica to move – That the Two Hundred and Seventh Report of the Public Works Committee on Soho Joint Venture Development – Technology Park, be noted.

 

 

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Present during the day - All Members.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY