No. 50

 

                     VOTES AND PROCEEDINGS

 

                            OF THE

 

                       HOUSE OF ASSEMBLY

 

 

                                                                                                                        

 

 

                                                                               TUESDAY 30 MARCH 1993

 

 

 1             Meeting of House

                The House met pursuant to adjournment. 

 

 2             Absence of Speaker

                The Acting Clerk informed the House that, owing to his absence overseas on Commonwealth Parliamentary Association business, the Speaker (Hon. N.T. Peterson) would not be able to attend the House this week.

 

 3             Appointment of Deputy Speaker

                The Deputy Premier (Hon. F.T. Blevins) moved - That pursuant to section 35 of the Constitution Act 1934 and Standing Order 18, the Honourable Member for Henley Beach (Mr Ferguson) Chairman of Committees do take the Chair of this House as Deputy Speaker to fill temporarily the office and perform the duties of the Speaker during the absence from the State of the Speaker: which was seconded by the Premier (Hon. L.M.F. Arnold).

                In the absence of any other nomination, Mr Ferguson was declared elected as Deputy                        Speaker.

 

 4             Deputy Speaker takes Chair

                The Deputy Speaker (Mr Ferguson) took the Chair and read prayers.

 

 5             Message from the Governor

                The following Message from the Governor was received and read:

 

                Assent to Bills                                                                                                     Message No. 23

                The Governor informs the House of Assembly that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the present Session -

                No. 8 of 1993 - An Act to amend the Land Agents, Brokers and Valuers Act 1973.

                No. 9 of 1993 - An Act to amend the Public and Environmental Health Act 1987.

                No.10 of 1993 - An Act to amend the Road Traffic Act 1961.

                No.11 of 1993 - An Act to provide for the administration of courts.

                No.12 of 1993 - An Act to amend the Police Superannuation Act 1990 and to make a related amendment to the Superannuation Act 1988.

                No. 13 of 1993 - An Act to amend the Firearms Act 1977.

                Government House, Adelaide, 30 March 1993                                                R.F. Mitchell, GOVERNOR

 

 

 

 

 6             Petitions Nos 152 and 153

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

 

                152    Hon. J.L. Cashmore from 14 residents of South Australia, requesting that the House urge the Government to allow the electors to pass judgement on the losses of the State Bank by calling a general election.

 

                153    Mrs Hutchison from 4 205 residents of South Australia, requesting that the House urge                            the Government to ensure the autonomy of the Rape Crisis Centre.

 

 7             Answers to questions

                Answers to questions on the Notice Paper Nos 1, 321, 337, 343, 356, 363, 375, 430, 431,                        433 and 436 and questions without notice were tabled by the Deputy Speaker.

 

 8             Papers

                The following Papers were laid on the Table:

 

                By the Treasurer (Hon. F.T. Blevins) -

                    Superannuation Act 1988 - Regulation - Higher Salary.

 

                By the Minister of Housing, Urban Development and Local Government Relations (Hon.                    G.J. Crafter) -

                    Classification of Publications Board - Report, 1991-92

                    District Council of Cleve - By-laws -

                          No. 3 - Bees

                          No. 4 - Caravans and Camping

                          No. 6 - Council Land

                    Response by the Minister of Housing, Urban Development and Local Government Relations to the Environment, Resources and Development Committee Report on the Mount Lofty Ranges Management Plan and Supplementary Development Plan - Planning Issues.

 

                By the Minister of Environment and Land Management (Hon. M.K. Mayes) -

                    Auditor-General's Department - Report, 1991-92

                    Crown Lands Act 1929 - Regulation - Fees, Proclamations, Notices

 

                By the Minister of Labour Relations and Occupational Health and Safety (Hon. R.J.                             Gregory) -

                    Motor Fuel Licensing Board - Report, 1992

 

                By the Minister of Health, Family and Community Services (Hon. M.J. Evans) -

                    Institute of Medical and Veterinary Science - Report 1991-92

                    Response by the Minister of Health, Family and Community Services to the Social Development Committee Report on Social Implications of Population Change in South Australia.

 

 9             Questions

                Questions without notice were asked.

 

10           Grievance debate

                The Deputy Speaker proposed - That the House note grievances.

                Debate ensued.

                Question put and passed.

 

 

 

11           Limitation of debate

                The Deputy Premier moved - That the time allotted for completion of the:

                    Development Bill;

                    Environment, Resources and Development Court Bill;

                    Statutes Repeal and Amendment (Development) Bill;

                    Mutual Recognition (South Australia) Bill; and

                    Racing (Miscellaneous) Amendment Bill,

                be until 6.00 p.m. on Thursday next.

 

12           Postponement of business

                Ordered - That Order of the Day (Government Business) Nos 1 to 8 be postponed and taken into consideration after Order of the Day (Government Business) No. 9.

 

13           Discharge of business

                Order of the Day (Government Business) No. 9 read.

                Ordered - That this Order of the Day be discharged.

 

14           Development Bill

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

                Debate resumed.

 

15           Message from the Legislative Council

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

 

                Harbors and Navigation Bill                                                                                             Message No. 100

                MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to provide for the administration, development and management of harbors; to provide for safe navigation in South Australian waters; to repeal the Harbors Act 1936, the Marine Act 1936 and the Boating Act 1974; 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 clauses No. 20 and 91, printed in erase type, which clauses, being money clauses, cannot originate in the Legislative Council, but which are deemed necessary to the Bill.

                Legislative Council, 25 March 1993                                                                  G.L. Bruce, PRESIDENT

 

                Bill read a first time.

                The Minister of Business and Regional Development (Hon. M.D. Rann) moved - That this Bill be now read a second time.

                Ordered, on motion of Hon. D.C. Wotton, that the debate be adjourned until tomorrow.

 

16           Development Bill

                Debate (interrupted by receipt of the foregoing Message) resumed.

 

17           Extension of time for adjournment

                The Minister of Housing, Urban Development and Local Government Relations (Hon. G.J. Crafter) moved - That the time for moving the adjournment of the House be extended beyond 10.00 p.m.

                Question put and passed.

 

18           Development Bill

                Debate (interrupted by the foregoing motion) resumed.

                Question put and passed.

 

                Bill read a second time.

 

 

 

                                                                                            In Committee

                                                             Clauses Nos 1 and 2 agreed to.

                                                             Clause No. 3 read.

                Mr Oswald moved, on page 2, lines 1 and 2, to leave out the words "and the assessment of                                development proposals."

                Question put and negatived.

                                                             Clause agreed to.

                                                             Clause No. 4 amended and agreed to.

                                                             Clause No. 5 read.

                Mr Oswald moved on page 8, after line 14, to insert new subclause as follows:

                (6)     Where an inconsistency exists between a provision of a Development Plan which is specifically designated as a regional provision under the Plan and another provision that is not so designated, the provision designated as a regional provision prevails.

                Question put and negatived.

                                                             Clause agreed to.

                                                             Clause No. 6 agreed to.

                                                             Clause No. 7 read.

                Mr Oswald moved on page 9, after line 25, to insert new subclause as follows:

                (4)     A regulation under subsection (3) must not modify the operation of any provision of this Act which specifically provides for, restricts or prevents an appeal under this Act.

                Question put and negatived.

                                                             Clause agreed to.

                                                             Clauses Nos 8 and 9 agreed to.

                                                             Clause No. 10 read.

                Mr Oswald moved on page 12, lines 3 to 5, to leave out these lines and insert in lieu                             thereof paragraphs as follows:

                (e)     a person with practical knowledge of, and experience in, environmental conservation chosen from a panel of three such persons submitted to the Minister by the Conservation Council of South Australia Incorporated;

                (f)      a person chosen from a panel of three persons submitted to the Minister by the South Australian Farmers Federation Incorporated;

                (g)     a person chosen from a panel of three persons submitted, at the invitation of the Minister, by an organisation that, in the opinion of the Minister, is concerned with the provision of facilities for the benefit of the community;

                (h)     a person with practical knowledge of, and experience in, urban and regional planning.

                Question put.


                Committee divided (No. 1):

               Ayes, 19.                                                    Noes, 19.

            Hon. H. Allison

            Dr Armitage

            Hon. P.B. Arnold

            Mr S.J. Baker

            Mr Blacker

            Mr Brindal

            Hon. D.C. Brown

            Hon. B.C. Eastick

            Mr S.G. Evans

            Mr Gunn

            Mr Ingerson

            Mr Lewis

            Mr Matthew

            Mr Meier

            Mr Olsen

            Mr Such

            Mr Venning

            Hon. D.C. Wotton

            Mr Oswald (Teller)

 

Hon. L.M.F. Arnold

Hon. J.C. Bannon

Hon. F.T. Blevins

Hon. M.J. Evans

Mr Ferguson

Hon. R.J. Gregory

Hon. T.R. Groom

Mr Hamilton

Hon. T.H. Hemmings

Mr Heron

Mr Holloway

Hon. D.J. Hopgood

Hon. J.H.C. Klunder

Hon. S.M. Lenehan

Mr McKee

Hon. M.K. Mayes

Hon. M.D. Rann

Hon. J.P. Trainer

Hon. G.J. Crafter (Teller)

                Casting Vote

                The number of Ayes and Noes being equal, the Chairman gave his casting vote for the       Noes.

                So it passed in the negative.

                                                             Clause otherwise amended and agreed to.

                                                             Clauses Nos 11 to 18 agreed to.

                                                             Clause No. 19 read.

                Mr Oswald moved on page 16, lines 12 and 13 to leave out these lines and insert in lieu                       thereof new subparagraphs as follows:

                (i) where the authorised officer reasonably suspects that a provision of this Act is being, or has been breached;

                (ia)    in the case of an authorised officer who holds prescribed qualifications - for the purpose of inspecting any building work;.

                Question put and negatived.

                Mr Oswald moved, on page 18, lines 1 to 13 to leave out subclauses (7) and (8) and                             substitute new subclause as follows:

                (7)     A person is not required to answer a question or to produce, or provide a copy of, a document or information as required under this section if to do so might tend to incriminate the person or make the person liable to a penalty.

                Question put and negatived.

                                                             Clause otherwise amended and agreed to.

                                                             Clauses Nos 20 and 21 agreed to.

                                                             Clause No. 22 read.

                Mr Oswald moved on page 21, after line 14, to insert new paragraph as follows:

                (aa)   in relation to any proposal to create or alter the Planning Strategy -

                          (i) prepare a draft of the proposal for public consultation; and

                          (ii)      by public advertisement, give notice of the place or places at which copies of the draft are available for inspection (without charge) and purchase and invite interested persons to make written representations on the proposal within a specified period of not less than three months from the date of publication of the advertisement; and

 

 

 

                          (iii)     arrange for a series of public meetings at which members of the public may make personal representations on the proposal; and

                          (iv)    ensure (so far as it reasonable practicable) that any representation made under subparagraph (ii) or (iii) is taken into account before the Planning Strategy is created or altered (as the case may be); and.

                Question put and negatived.

                                                             Clause agreed to.

                                                             Clause No. 23 read.

                Mr Oswald moved on page 22, line 12, after "Planning Strategy" to insert the words "and                   principles of regional planning".

                Question put and negatived.

                                                             Clause agreed to.

                                                             Clause No. 24 read.

                To report progress and ask leave to sit again.

 

                                                                                                                         

 

                The House having resumed:

                Mr DeLaine 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.

 

19           Messages from the Legislative Council

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

 

                Whistleblowers Protection Bill                                                                                       Message No. 101

                MR SPEAKER - The Legislative Council has agreed to the amendments made by the                           House of Assembly in the Whistleblowers Protection Bill, without any amendment.

                Legislative Council, 30 March 1993                                                                  G.L. Bruce, PRESIDENT

 

                Legal Practitioners (Reform) Bill                                                                                   Message No. 102

                MR SPEAKER - The Legislative Council has agreed to the amendments made by the House of Assembly in the Legal Practitioners (Reform) Amendment Bill, without any amendment.

                Legislative Council, 30 March 1993                                                                  G.L. Bruce, PRESIDENT

 

                Disability Services Bill                                                                                      Message No. 103

                MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for the funding and provision of disability services in accordance with certain principles and objectives; and for other purposes, without any amendment.

                Legislative Council, 30 March 1993                                                                  G.L. Bruce, PRESIDENT

 

                Aboriginal Lands Trust (Miscellaneous) Amendment Bill                        Message No. 104

                MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Aboriginal Lands Trust Act 1966, without any amendment.

                Legislative Council, 30 March 1993                                                                  G.L. Bruce, PRESIDENT

 

20           Adjournment

                House adjourned at 11.55 p.m. until Wednesday 31 March at 2.00 p.m.

 

 

                                                                                                                        

 

 

 

 

 

                                                               MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

For Wednesday 31 March 1993

                Notices of Motion: Government Business -

 

The Minister of Housing, Urban Development and Local Government Relations to move - That he have leave to introduce a Bill for an Act to amend the Local Government Act 1934.

 

The Minister of Environment and Land Management to move - That he have leave to introduce a Bill for an Act to conserve places of heritage value; to repeal the State Heritage Act 1978; to make consequential amendments to the Aboriginal Heritage Act 1988, the Native Vegetation Act 1991, the Strata Titles Act 1988 and the Valuation of Land Act 1971; and for other purposes.

 

                                                                                                                         

 

 

                Present during the day - All the Members except Hon. N.T. Peterson, Mr Becker, Hon.                        J.L. Cashmore, Mrs Hutchison and Mr Quirke.

 

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

 

                Division No. 1 -         

                    Ayes - Messrs D.S. Baker and Becker and Mrs Kotz.

                    Noes - Mr Atkinson, Mrs Hutchison and Mr Quirke.

 

 

 

 

 

 

                                                                                                                                                                D.M. Ferguson

                                                                                                                                                                DEPUTY SPEAKER

 

D.A. Bridges

ACTING CLERK OF THE HOUSE OF ASSEMBLY