No. 54

 

                                                     VOTES AND PROCEEDINGS

 

                                                                      OF THE

 

                                                         HOUSE OF ASSEMBLY

 

                                                                                                                                  ____________

 

 

                                                                             TUESDAY 11 APRIL 1995

 

 

 1         Meeting of House

                  The House met pursuant to adjournment.  The Speaker (Hon. G.M. Gunn) took the Chair and read prayers.

 

2         Conferences - Industrial and Employee Relations (Miscellaneous Provisions) Amendment Bill and Mining (Native Title) Amendment Bill

                  The Deputy Premier (Hon. S. J. Baker) moved - That the sitting of House be continued during the Conferences with the Legislative Council on these Bills.

                  Question put and passed.

 

3         Petitions Nos 175 and 176

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

                 

                  175    The Minister for Tourism (Hon. G. A. Ingerson), from 128 residents of South Australia requesting that the House oppose any measure to legislate for euthanasia.

 

                  176    The Minister for Housing, Urban Development and Local Government Relations (Hon. J. K. G. Oswald), from 209 residents of South Australia, requesting that the House support the valuable work of the Marion-Brighton-Glenelg Health and Social Welfare Council and allow it to continue without cuts to funding or other essential conditions.

 

4         Papers

                  The following Papers were tabled:

                 

                  By the Treasurer (Hon. S.J.Baker) -

                  Lifeplan Community Services -

                              Registered General Laws - 29 March 1995

                              Registered General Laws - 31 March 1995

                  Manchester Unity Friendly Society - Registered General Laws

 

                  By the Minister for Primary Industries (Hon D.S. Baker) -

                  Citrus Board of South Australia - Report, 1993-94

                  South Australian Research and Development Institute - Report, 1993-94.

 

5         Answers to questions

                  Answers to questions on the Notice Paper Nos 174, 177, 187, 193 and 195 were tabled by the Speaker.

 

6         Questions

                  Questions without notice were asked.


7          Grievance debate

                  The Speaker proposed - That the House note grievances.

                  Debate ensued.

                  Question put and passed.

 

8         Messages from the Legislative Council

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

 

            Liquor Licensing (Miscellaneous) Amendment Bill                                                               Message No. 114

                  MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Liquor Licensing Act 1985, to which it desires the concurrence of the House of Assembly.

                  Legislative Council, 6 April 1995                                                                                                                H.P.K. Dunn, PRESIDENT

 

                  Bill read a first time.

                  Ordered  - That the second reading be taken into consideration on motion.

 

            Statutes Amendment (Attorney-General's Portfolio) Bill                                              Message No. 115

                  MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Bail Act 1985, the Criminal Law Consolidation Act 1935, the Evidence Act 1929, the Fences Act 1975, the Law of Property Act 1936, the Legal Services Commission Act 1977, the Magistrates Act 1983, the Parliamentary Committees Act 1991, the Summary Offences Act 1953 and the Summary Procedure Act 1921, to which it desires the concurrence of the House of Assembly.

                  Legislative Council, 6 April 1995                                                                                                                H.P.K. Dunn, PRESIDENT

 

                  Bill read a first time.

                  Ordered  - That the second reading be taken into consideration on motion.

 

            Statutes Amendment (Female Genital Mutilation and Child Protection) Bill          Message No. 116

                  MR SPEAKER - The Legislative Council has agreed to the amendments made by the House of Assembly in the Statutes Amendment (Female Genital Mutilation and Child Protection) Bill, without amendment.

                  Legislative Council, 6 April 1995                                                                                                                H.P.K. Dunn, PRESIDENT

 

            Consent to Medical Treatment and Palliative Care Bill                                   Message No. 117

                  MR SPEAKER - The Legislative Council having considered the recommendations from the Conference on the Consent to Medical Treatment and Palliative Care Bill has agreed thereto.

                  Legislative Council, 6 April 1995                                                                                                                H.P.K. Dunn, PRESIDENT

 

            Superannuation Funds Management Corporation of South Australia Bill                   Message No. 118

                  MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act relating to the Superannuation Funds Management Corporation of South Australia; to make consequential amendments to other Acts; and for other purposes, with the amendment indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

                  Legislative Council, 6 April 1995                                                                                                                H.P.K. Dunn, PRESIDENT

 

Schedule of amendments made by the Legislative Council

                  No. 1             Page 6, line 13 (clause 9) - Leave out "and" and insert "or".

                  No. 2            Page 6, line 18 (clause 9) - Leave out "banking" and insert "financial management in the banking sector".

                  No. 3            Page 6, line 20 (clause 9) - After "auditing" insert "or".

                  No. 4            Page 6 (clause 9) - After line 20 insert new subparagraph as follows:-

                                          "(vi) any other area that is relevant to the performance by the Authority of its functions,".

                                                                                                                                                      J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

                  Ordered - That the amendments be taken into consideration forthwith.

 

                                                                                      In Committee

                  Resolved - That the amendments be agreed to.

                                                                                                                                  ____________

 

                  The House having resumed:

                  Hon. H. Allison reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

            MFP Development (Miscellaneous) Amendment Bill                                                              Message No. 119

                  MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the MFP Development Act 1992, without any amendment.

                  Legislative Council, 6 April 1995                                                                                                                H.P.K. Dunn, PRESIDENT

 

            Public Sector Management Bill                                                                                                                            Message No. 120

                  MR SPEAKER - The Legislative Council has agreed to the amendments made by the House of Assembly to Amendments Nos 16, 19, 23, 28, 36, 45, 47 and 52 in the Public Sector Management Bill; does not insist on Amendments Nos. 40 and 115, and has agreed to the alternative amendment made by the House of Assembly to Amendment No. 115; and has agreed to the consequential amendments without amendment. The Bill is returned herewith.

                  Legislative Council, 6 April 1995                                                                                                                H.P.K. Dunn, PRESIDENT

                 

            Dairy Industry (Equalisation Schemes) Amendment Bill                                                Message No. 121

                  MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Dairy Industry Act 1992, without any amendment.

                  Legislative Council, 7 April 1995                                                                                                                 H.P.K. Dunn, PRESIDENT

 

            Fisheries (Miscellaneous) Amendment Bill                                                                                       Message No. 122

                  MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Fisheries Act 1982, without any amendment.

                  Legislative Council, 7 April 1995                                                                                                                 H.P.K. Dunn, PRESIDENT

 

            Trustee (Investment Powers) Amendment Bill                                                                               Message No. 123

                  MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Trustee  Act 1936, to which it desires the concurrences of the House of Assembly.

                  Legislative Council, 7 April 1995                                                                                                                 H.P.K. Dunn, PRESIDENT

 

                  Bill read a first time.

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

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

 

            Plumbers, Gas Fitters and Electricians Bill                                                                                        Message No. 124

                  MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to regulate plumbers, gas fitters and electricians; to repeal the Electrical Workers and Contractors Licensing Act 1966; to amend the Gas Act 1988, the Sewerage Act 1929 and the Waterworks Act 1932; and for other purposes, to which it desires the concurrence of the House of Assembly.

                  Legislative Council, 7 April 1995                                                                                                                 H.P.K. Dunn, PRESIDENT

 

                  Bill read a first time.

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

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

 


            Catchment Water Management Bill                                                                                                                Message No. 125

                  MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for the management and use of catchment water; to prevent or reduce flooding; to make consequential amendments to the Local Government Act 1934 and the Water Resources Act 1990; and for other purposes, with the amendments indicated by the annexed Schedule, to which the Legislative Council desires the concurrence of the House of Assembly.

                  Legislative Council, 7 April 1995                                                                                                                 H.P.K. Dunn, PRESIDENT

 

                                                                    Schedule of the amendments made by the Legislative Council

                  No. 1             Page 1, line 19 (clause 3) - Leave out the definition of “annual value”.

                  No. 2            Page 1, line 21 (clause 3) - Leave out the definition of “capital value”.

                  No. 3            Page 3, line 3 (clause 3) - Leave out the definition of “site value”.

                  No. 4            Page 3 - After line 26 insert new part as follows:-

“PART 1A

OBJECTS

                            4A. Objects of the Act  The objects of this Act are -

                                          (a)     to improve the quality of catchment water with resulting benefits to other natural resources of the State including the land and its soil, native vegetation and native animals; and

                                          (b)     to protect watercourses, channels and lakes and their ecosystems from degradation and to reverse degradation of watercourses, channels and lakes that has already occurred; and

                                          (c)     where appropriate, to make catchment water available for primary production or for industrial, commercial, domestic, recreational or other purposes; and

                                          (d)     to encourage members of the community to take an active part in improving the quality of catchment water; and

                                          (e)     to educate members of the public in relation to the management of catchment water and of catchments.”

                  No. 5            Page 8, lines 6 to 9 (clause 14) - Leave out subclause (1) and insert new subclauses as follow:-

                                          “(1)    At least one of the persons nominated by the Minister (other than the presiding officer) must be a person who has knowledge of, or experience in, the management of natural resources.

                                          (1a)  At least one of the other persons nominated by the Minister (other than the presiding officer) must be a person who has knowledge of, or experience in, catchment water drainage or flood control, preserving or improving water quality or any other area of catchment water management or in the management of catchments.”

                  No. 6            Page 9, lines 26 and 27 (clause 19) - Leave out subclause (2) and insert new subclause as follows:-

                                          “(2)   A board must, by notice in a newspaper circulating generally throughout the State and in a newspaper or newspapers circulating in the catchment area, give at least fourteen days notice of its intention to hold a meeting that will be open to the public.”

                  No. 7             Page 9 (clause 19) - After line 28 insert new subclause as follows:-

                                          “(3a)           Fourteen days notice is not required if a meeting needs to be held to deal with an emergency but, in that event, the board must give as much notice under subsection (2) as is practicable or, if no notice can be given before the meeting is held the board must give notice under subsection (2) of the date on which the meeting was held and of the emergency that it dealt with.”

                  No. 8            Page 10, line 24 (clause 20) - Leave out this line and insert the following:-

                                          “20.  (1)    A board must provide -

                                                                              (a)     the Minister; and

                                                                              (b)     the member or members of the House of Assembly whose electoral district or districts include the whole or part of the board’s catchment area; and


                                                                              (c)     each constituent council,

                                                                  with a copy of the”.

                  No. 9            Page 10, line 28 (clause 20) - After “is held” insert “except where the meeting is held to deal with an emergency”.

                  No. 10         Page 14, line 6 (clause 25) - Leave out “this Act” and insert “the objects and the other provisions of this Act”.

                  No. 11          Page 15, line 33 (clause 29) - Leave out “the embankments, walls, channels, lakes” and insert “the lakes, the embankments, walls, channels”.

                  No. 12         Page 17, line 24 (clause 31) - Leave out “a watercourse, channel or lake or works” and insert “a watercourse or lake, an embankment, wall, channel or other works”.

                  No. 13         Page 19, lines 7 to 12 (clause 37) - Leave out paragraphs (a)  and (b)  and insert new paragraphs as follow:-

                                          “(a)   removal of solid or dissolved impurities from catchment water in a specified watercourse, channel or lake or in a specified system of watercourses, channels or lakes in its catchment area;

                                           (b)                protection of specified watercourses, channels and lakes and their ecosystems from degradation by pollutants and exotic plants and animals and reversal of such degradation where it has occurred;

                                          (ba) control of the flow of catchment water and management of catchment water in a specified watercourse or channel or in a specified system of watercourses or channels in its catchment area to  prevent or reduce flooding;”.

                  No. 14         Page 20, line 18 (clause 37) - Leave out “works, buildings, structures, pipes, machinery and other equipment” and insert “infrastructure”.

                  No. 15         Page 20, line 24 (clause 37) - Leave out “each constituent council” and insert “the constituent councils”.

                  No. 16         Page 21, line 32 (clause 39) - Leave out subclause (3) and insert new subclauses as follow:-

                                          “(3)   A board must consult the public under subsections (1) and (2) by inviting the public to make written submissions to the board and to attend a public meeting to be held in relation to the preparation of the plan and another meeting to be held in relation to the draft plan.

                                          (4)                 An invitation under subsection (3) must be by advertisement in -

                                                                  (a)     a newspaper circulating generally throughout the State; and

                                                                  (b)     a newspaper or newspapers circulating in the catchment area; and

                                                                  (c)     in such other manner (if any) as the board thinks fit.

                                          (5)     An advertisement must -

                                                      (a)     identify the relevant catchment area; and

                                                      (b)     in the case of an invitation for submissions - state the name and address of the person to whom submissions must be sent and the time by which submissions must be received; and

                                                      (c)     in the case of an invitation to attend a public meeting - state the time and place at which the meeting will be held; and

                                                      (d)     in the case of an invitation relating to a plan that has been drafted - include an address at which copies of the plan can be inspected and purchased.

                                          (6)     An invitation for submissions in relation to the preparation of a plan must provide a period of at least one month after the advertisement was last published in a newspaper as the period during which submissions must be received.

                                          (7)      An invitation for submissions in relation to a plan that has been drafted must provide a period of at least two months after the advertisement was last published in a newspaper as the period during which submissions must be received.

                                          (8)     A public meeting must be held -

                                                      (a)     at least 14 days but not more than 28 days after the advertisement inviting attendance at the meeting was last published in a newspaper; and

                                                      (b)     at a time and place that will, in the opinion of the board, be convenient for a majority of those persons who are likely to attend the meeting.

                                          (9)     The board must appoint a member or employee of the board or some other suitable person to conduct the meeting.

                                       (10)     A person who has conducted a meeting must, as soon as practicable after the meeting has concluded,  submit a written report to the board summarising the comments made at the meeting by members of the public in relation to the plan.”

                  No. 17          Page 22, lines 10 to 13 (clause 40) - Leave out subclause (3) and insert new subclause as follows:-

                                          “(3)   The Minister must, before approving a plan, have regard to the submissions (if any) received from members of the public and to the reports of the person or persons who conducted the public meetings.”

                  No. 18         Page 23, line 8 (clause 43) - Leave out “each constituent council” and insert “the constituent councils”.

                  No. 19         Page 25, lines 3 to 39; page 26, lines 1 to 14 and page 27, lines 1 to 13 (clauses 48 to 50) - Leave out Divisions 1 and 2 and insert new Divisions as follow:-

DIVISION 1 - CONTRIBUTIONS BY COUNCILS

 

                            48. Contributions  (1)  The constituent councils of a catchment area must contribute to the cost of implementing the management plan for that area in accordance with this Division.

                                          (2)     The amount to be contributed by the councils in respect of a financial year is an amount determined by the Minister in accordance with this Division and approved by the Governor.

                                          (3)     The amount is the estimated expenditure of the board in that year less the amount of any other funds available to the board, or that are expected to be available to the board, to meet that expenditure.

                                          (4)     The board must submit to the Minister and to each constituent council a statement of its estimate of the required expenditure and the amount of any other funds available to it, or that are expected to be available to it.

                                          (5)     The board must comply with subsection (4) in sufficient time to allow the procedures ending in the Governor’s approval to be completed on or before 16 June preceding the financial year in respect of which the contribution is to be made.

                                          (6)     When determining the amount the Minister may increase it by his or her estimate of the rebates and remissions that will be deducted from the share to be paid by each council.

                                          (7)      The amount to be contributed must be determined by the Minister after consultation with the board and the constituent councils and must be submitted to the Governor for approval.

                                          (8)     Liability for the amount will be shared between the constituent councils in the same proportions as the capital value of the ratable land situated in the catchment area is distributed between the areas of the councils.

                                          (9)     The share of each council must be determined by the Minister under subsection (8) after consultation with the constituent councils and must be submitted to the Governor for approval.

                                    (10)        A council must, at the request of the  Minister, supply the Minister with information in the possession of the council to enable the Minister to make a determination under subsection (9).

                                    (11)         The Minister must cause notice of -

                                                      (a)     the amount to be contributed by the constituent councils approved by the Governor under subsection (7); and

                                                      (b)     the shares in which the councils must pay that amount determined by the Minister under subsection (9),

                                                      to be given to each of the constituent councils and to be published in the Gazette.

                                    (12)        In this section -

                                                      “capital value” has the same meaning as in Part 10 of the Local Government Act 1934;

                                                      “ratable land” has the same meaning as in Part 10 of the Local Government Act 1934.

                            49. Reduction of council’s share (1) Subject to subsection (2), a council’s share of the amount to be contributed by the constituent councils is reduced by the amount by which the rate imposed by the council under Division 2 (the “Division 2 rate”) is rebated or remitted under the Local Government Act 1934.

                                          (2)     If -

                                                      (a)     a rebate or remission of the Division 2 rate in respect of particular land is more generous or is subject to less onerous conditions than the rebate or remission of general rates in respect of that land; or

                                                      (b)     there is no equivalent rebate or remission of general rates in respect of that land,

                                                      the rebate or remission of the Division 2 rate in respect of that land will not be taken into account when determining the amount by which the council’s share will be reduced under subsection (1).

                            50. Payment of contributions (1) Subject to subsection (2), a council’s share of the amount to be contributed by the constituent councils is payable by the council in approximately equal instalments on 30 September, 31 December, 31 March and 30 June in the year to which the contribution relates and interest accrues on any amount unpaid at the rate and in the manner prescribed by regulation.

                                          (2)     If the accounts for the rate declared by a council under Division 2 in respect of a financial year could not be included in the accounts for general rates for that year because the amount to be contributed by the constituent councils was not approved by the Governor on or before 16 June preceding that year, the council may pay its share in approximately equal instalments on 31 December, 31 March and 30 June in that year.

                                          (3)     An amount payable by a council to the board under this section and any interest that accrues in respect of that amount is recoverable by the board as a debt.

                                          (4)     If an amount paid by a council is not spent by the board in the financial year in respect of which it was paid, it may be spent by the board in a subsequent financial year.

DIVISION 2 - IMPOSITION OF RATE BY COUNCILS

 

                            50A. Imposition of rate by constituent councils (1)  In order to reimburse themselves for the amount contributed to the board under Division 1, the constituent councils must impose a separate rate under Part 10 of the Local Government Act 1934 on ratable land in the catchment area of the board.

                                          (2)     The basis of the rate imposed by each council must be the same as the basis for the general rates imposed by the council.

                                          (3)     A council -

                                                      (a)     must fix the rate at a level calculated to raise the same amount as the council’s share of the amount to be contributed to the board before that share is reduced by the deduction of rebates and remissions; and

                                                      (b)     must not take into account when fixing the rate the fact that rebates and remissions will reduce the amount returned by imposition of the rate.

                                          (4)     An account for the rate sent by a council to a person who is liable to pay the rate must show the amount separately from any other amount for which that person is liable.’

                  No. 20        Page 30, line 11 (clause 56) - After “any” insert “lakes or any embankments, walls, channels or other”.

                  No. 21         Page 30 (clause 59) - After line 36 insert new paragraph as follows:-

                                          “(ba)           empower the Minister to fix the maximum fee that may be charged by a board on sale of copies of its draft or approved management plan or on sale of copies of draft or approved amendments to its management plan;”.

                  No. 22        Page 30 - After line 38 insert new clause as follows:-

                            60. “Expiry of Divisions 1 and 2 of Part 5  Divisions 1 and 2 of Part 5 will expire on the second anniversary of the commencement of this Act.”

                                                                                                                        J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

                  Ordered - That the amendments be taken into consideration forthwith.

 

                                                                                      In Committee

                  Resolved - That the amendments be agreed to.

                                                                                                                                  ____________

 

                  The House having resumed:

                  Hon. H. Allison reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

            Statues Amendment (Correctional Services) Bill                     Message No. 126

                  MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Correctional Services Act 1982 and the Statutes Amendment (Truth in Sentencing) Act 1994,  without any amendment.

                  Legislative Council, 11 April 1995                                                                                                               H.P.K. Dunn, PRESIDENT

 

            Petroleum Products Regulation Bill                                                                                                             Message No. 127

                  MR SPEAKER - The Legislative Council does not insist on its Amendment No.1 in the Petroleum Products Regulation Bill to which the House of Assembly has disagreed and agrees to the alternative amendment made by the House of Assembly in lieu thereof without amendment. The Bill is returned herewith.

                  Legislative Council, 11 April 1995                                                                                                               H.P.K. Dunn, PRESIDENT

 

9         South Australian Health Services Bill

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

                  Debate resumed.

                  Ordered, on motion of Mr Brindal, by leave, that the debate be further adjourned and resumed on motion.

 

10       Liquor Licensing (Miscellaneous) Amendment Bill

                  Ordered - That the second reading of this Bill be now taken into consideration.

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

 

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

 

11        Statutes Amendment (Attorney-General's Portfolio) Bill

                  Ordered - That the second reading of this Bill be now taken into consideration.

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

 

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

 

12       South Australian Health Services Bill

                  Ordered - That the second reading debate on this Bill be now resumed.

                  Debate resumed.

 

13       Extension of time for adjournment

                  The Minister for Health moved - That the time for moving the adjournment of the House be extended beyond 10.00 p.m.

                  Question put and passed.

                 

14       South Australian Health Services 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.

                  Ms Stevens moved on page 1, lines 18 to 22 to leave out paragraphs (a), (b), (c) and (d) and insert in lieu thereof the following paragraphs:

                              (a)     is directed at achieving the highest standard of case; and

                              (b)     establishes a proper basis for continuing improvement in the health of the people of the State; and

                              (c)     has a proper focus on human values; and

                              (d)     values and facilitates the participation of voluntary and community based organisations in the provision of health services; and

                              (e)     provides for access to health services on a non-discriminatory and equitable basis; and

                              (f)      allows for flexibility and innovation.

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

                                                                                                Clause agreed to.

                                                                                                Clause No. 4 read.

                  Ms Stevens moved on page 1, line 24, to leave out the words "to be observed by" and insert in lieu thereof the words "binding on".

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

                                                                                                Clause agreed to.                                                                        

                                                                                                Clause No. 5 amended and agreed to.

                                                                                                New clause 5A.

                  Ms Stevens moved on page 4, after line 2 to insert a new subdivision as follows:

                                                                          DIVISION 1 - THE MINISTER

                    5A.  Functions of the Minister The Minister is responsible for-

                  (a)     planning the proper development, consistent with the object of this Act, of the publicly funded health system: and

                  (b)     ensuring proper distribution and co-ordination of health services to achieve the best possible return from the resources available for health services; and

                  (c)     supervising the administration of this Act.

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

                                                                                                Clause No. 6 agreed to.

                                                                                                Clause No. 7 read.

                  The Minister for Health moved on page 4, line 18 to insert a new paragraph as follows:

                  (da).            to facilitate on a periodic basis appropriate community consultation to ensure that the community has the opportunity to express its views on the functioning and  development of the health system and have those views taken into account; and

 

            Amendment to amendment

                  Ms Stevens moved to amend the  amendment by leaving out the word "facilitate" and insert in lieu thereof the word " undertake".

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

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

 

                  Ms Stevens moved on page 4, line 24, to leave out paragraph (h).

                  Question - That the amendment be agreed to - put.

 


                  Committee divided (No. 1):

 

                                          Ayes, 8.

 

                              Mr Atkinson

                              Hon. F.T. Blevins

                              Mr Clarke

                              Mr De Laine

                              Mr Foley

                              Ms Hurley

                              Hon. M.D. Rann

                              Ms Stevens  (Teller)

                  Noes, 26.

 

Mr Andrew

Mr Ashenden

Hon. D.S. Baker

Hon. S.J. Baker

Mr Bass

Mr Becker

Mr Brindal

Mr Buckby

Mr Caudell

Mr Condous

Mr Cummins

Mr Evans

Mrs Greig

Hon. G.M. Gunn

Ms Hall

Hon. G.A. Ingerson

Mr Kerin

Mrs Kotz

Hon. W.A. Matthew

Mr Meier

Mrs Rosenberg

Mr Rossi

Mr Scalzi

Hon. R.B. Such

Mr Venning

Mr Wade

Hon. M.H. Armitage (Teller)

 

 

 

                  So it passed in the negative.

                                                                                                                                  ____________

                 

                  To report progress and ask leave to sit again.

                                                                                                                                  ____________

 

                  The House having resumed:

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

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

 

15       Suspension of Standing Orders

                  The Minister for Health (Hon. M.H. Armitage), without notice, moved - That Standing Orders be so far suspended as to enable  the House to sit  beyond midnight.

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

 

16       South Australian Health Services Bill

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

 

                                                                                      In Committee

                                                                                              Clause No. 7 further considered.

                  Ms Stevens moved on page 4, after line 28 to insert new paragraph as follows:

                  (ja)   to provide the Minister, for dissemination to incorporated service units and other relevant bodies or persons, with monthly reports on the financial activity, service delivery, surgical waiting list movements and workforce statistics during the month in respect of each incorporated service unit; and.

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


                  Ms Stevens moved on page 4, after line 32 to insert new subclause as follows:

                  (2)     Particular of the assignment of functions to the Chief Executive by the Minister must be included in the Department's annual report. 1.

 

                                                            1.See s. 8 of the Government Management and Employment Act 1985.

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

                                                                                              Clause otherwise amended and agreed to.

                                                                                              Clause No. 8 agreed to.

                                                                                              Clause No. 9 read.

                  Ms Stevens moved on page 5, after line 30 to insert new subclause as follows:

                  (5)     An approved (or revised) statement of policies, strategies and guidelines is a statutory instrument that must be laid before Parliament and is subject to disallowance in the same way as a regulation.

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

                                                                                              Clause agreed to.

                                                                                              Clause No. 10 read.

                  Ms Stevens moved on page 5, line 32 after the word "may" to insert the words ", with the approval of the Minister,".

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

                                                                                              Clause agreed to.

                                                                                              Clause No. 11 amended and agreed to.

                                                                                              Clause No. 12 read.

                  Ms Stevens moved on page 7, lines 6 to 7 to leave out subclause (2) and insert in lieu thereof the following:

                  (2)     Before the Governor establishes an incorporated service unit-

                              (a)     the Chief Executive must-

                                          (i)      invite representations on the proposal from interested members of the public by notice published in a newspaper circulating in the area in which the incorporated service unit is to be established; and

                                          (ii)    consider representations from members of the community made in response to the invitation within a reasonable time (which must be at least 60 days) specified in the notice; and

                                          (iii)  report to the Minister on the representations made by members of the community; and

                              (b)     the Minister must (having regard to the representations from members of the community and other relevant matters) approve a constitution for the incorporated service unit.

                  Question - That the amendment be agreed to - put.

                                                                                                                           ________________

 

                                                                                                                            It being 12 midnight

                                                                                                                     WEDNESDAY 12 APRIL 1995

                                                                                                                           ________________

 


                  Committee divided (No. 2):

 

                                          Ayes, 8.

 

                              Mr Atkinson

                              Hon. F.T. Blevins

                              Mr Clarke

                              Mr De Laine

                              Mr Foley

                              Hon. M.D. Rann

                              Ms White

                              Ms Stevens (Teller)

                  Noes, 26.

 

Mr Andrew

Mr Ashenden

Hon. S.J. Baker

Mr Bass

Mr Becker

Mr Brindal

Mr Buckby

Mr Caudell

Mr Condous

Mr Cummins

Mr Evans

Mrs Greig

Hon. G.M. Gunn

Ms Hall

Hon. G.A. Ingerson

Mr Kerin

Mrs Kotz

Hon. W.A. Matthew

Mr Meier

Mrs Rosenberg

Mr Rossi

Mr Scalzi

Hon. R.B. Such

Mr Venning

Mr Wade

Hon. M.H. Armitage (Teller)

 

 

 

                  So it passed in the negative.

                                                                                                Clause agreed to.

                                                                                                Clause No. 13 agreed to.

                                                                                                Clause No. 14 read.

                  Ms Stevens moved at page 7, line 26 to insert new subclause as follows:

                  (2)     A proclamation designating an incorporated service unit as a regional service unit must provide for the composition of the unit's board of directors and for the appointment or election of persons to the board.

                  (3)     Before a proclamation is made under this section, the Chief Executive must-

                              (a)     invite representations on the proposal from incorporated service units in the proposed region by written notice given to each of those incorporated service units; and

                              (b)     invite representations on the proposal from interested members of the public by public notice published in a newspaper circulating in the area in which the incorporated service unit is to be established; and

                              (c)     consider representations made in response to the invitations within a reasonable time (which must be at least 60 days) allowed in the respective notices; and

                              (d)     report to the Minister on the representations.

                  (4)     A proclamation under this section is a statutory instrument that must be laid before Parliament and is subject to disallowance in the same way as a regulation.

                  Question - That the amendment be agreed to - put.


                  Committee divided (No. 3):

 

                                          Ayes, 8.

 

                              Mr Atkinson

                              Hon. F.T. Blevins

                              Mr Clarke

                              Mr De Laine

                              Mr Foley

                              Hon. M.D. Rann

                              Ms White

                              Ms Stevens (Teller)

                  Noes, 26.

 

Mr Andrew

Mr Ashenden

Hon. S.J. Baker

Mr Bass

Mr Becker

Mr Brindal

Mr Buckby

Mr Caudell

Mr Condous

Mr Cummins

Mr Evans

Mrs Greig

Hon. G.M. Gunn

Ms Hall

Hon. G.A. Ingerson

Mr Kerin

Mrs Kotz

Hon. W.A. Matthew

Mr Meier

Mrs Rosenberg

Mr Rossi

Mr Scalzi

Hon. R.B. Such

Mr Venning

Mr Wade

Hon. M.H. Armitage (Teller)

 

 

 

                  So it passed in the negative.

                                                                                                Clause agreed to.

                                                                                                Clause No. 15 amended and agreed to.

                                                                                                Clause No. 16 read.

                  Ms Stevens moved on page 8, after line 11 to insert new subclause as follows:

                  (1a)  Before an incorporated service unit asks for transfer of its functions to a regional service unit, it must-

                                          (a)     invite representations on the proposal from interested members of the public by notice published in a newspaper circulating in the area in which the incorporated service unit was established; and

                                          (b)     consider representations from members of the community made in response to the invitation within a reasonable time (which must be at least 60 days) specified in the notice; and

                                          (c)     report to the Minister on the representations made by members of the community.

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

                                                                                                Clause otherwise amended and agreed to.

                                                                                                Clause No. 17 read.

                  Ms Stevens moved on page 8, line 34 to insert new subclause as follows:

                  (3a) Meetings of a board of trustees must be open to the public.

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

                                                                                                Clause agreed to.

                                                                                                Clause No. 18 read.

                  Ms Stevens moved on page 9, line 7 to insert new subclause as follows:

                  (2)     A board of trustees must not sell, transfer, lease or otherwise dispose of any real property that is used, or is set apart for use, for the provision of health services except on a resolution of the board in which at least two-thirds of all the trustees concur.

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

                                                                                                Clause agreed to.

                                                                                                Clause No. 19 read.

                  Ms Stevens moved on page 9, lines 12 to 14 to leave out these words and insert in lieu thereof the following words:

                  (2)     Before the Governor amalgamates two or more incorporated service units, the Minister must-

                              (a)     ensure that each incorporated service unit affected by the amalgamation consents to the amalgamation; and

                              (b)     approve a constitution under which the incorporated service unit formed by the amalgamation is to be administered.

                  Question - That the amendment be agreed to - put.

                  Committee divided (No. 4):

 

                                          Ayes, 8.

 

                              Mr Atkinson

                              Hon. F.T. Blevins

                              Mr Clarke

                              Mr De Laine

                              Mr Foley

                              Hon. M.D. Rann

                              Ms White

                              Ms Stevens (Teller)

                  Noes, 26.

 

Mr Andrew

Mr Ashenden

Hon. S.J. Baker

Mr Bass

Mr Becker

Mr Brindal

Mr Buckby

Mr Caudell

Mr Condous

Mr Cummins

Mr Evans

Mrs Greig

Hon. G.M. Gunn

Ms Hall

Hon. G.A. Ingerson

Mr Kerin

Mrs Kotz

Hon. W.A. Matthew

Mr Meier

Mrs Rosenberg

Mr Rossi

Mr Scalzi

Mr Venning

Mr Wade

Hon. M.H. Armitage (Teller)

 

 

 

                  So it passed in the negative.

 

                                                                                                Clause agreed to.

                                                                                                Clause No. 20 agreed to.

                                                                                                Clause No. 21 read.

                  Ms Stevens moved on page 10, line 12 to leave out subclause (3) and insert in lieu thereof the following subclauses:

                  (3)     A direction cannot be given so as to reduce an incorporated service unit's capacity to meet its health service delivery objectives under its constitution.

                  (4)     A direction under this section must be given in writing and must be published in the Gazette.

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

                                                                                                Clause agreed to.

                                                                                                Clause No. 22 read.

 

                  To report progress and ask leave to sit again.

                                                                                                                                  ____________

 

                  The House having resumed:

                  Hon. H. Allison 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 today.

 

17        Conference - Mining (Native Title) Bill

                  The Minister for Health reported - That the Managers have been at the Conference on the Mining (Native Title) Bill, which was managed on the part of the Legislative Council by the Hon. K. T. Griffin, (Attorney General), Hon S.M. Kanck, Hon. R.D. Lawson, Hon. C.A. Pickles and Hon. R.R. Roberts and we there delivered the Bill, together with the resolution adopted by this House.

                  Thereupon the Managers for the two Houses conferred together and it was agreed that we should recommend to our respective House that.

 

                  As to Amendments Nos 1 and 2:

                              That the Legislative Council do not further insist on its amendments but makes the following amendments in lieu thereof:

 

                  Clause 3, page 2, after line 18—Insert:

                                 (ca)           by inserting after the definition of "exempt land" in subsection (1) the following definition:

                                 "exploration authority" means—

                                 (a)  a miner's right;

                                 (b)  a precious stones prospecting permit;

                                 (c)  a mineral claim;

                                 (d)  an exploration licence;

                                 (e)  a retention lease (but only if the mining operations to which the lease relates are limited to exploratory operations);;

 

                  Clause 3, page 3, lines 1 to 3—Leave out paragraph (f) and insert:

                                 (f)   by inserting after the definition of "precious stones field" in subsection (1) the following definitions:

                                 "prescribed notice of entry"—see section 58A(1);

                                 "production tenement" means—

                                 (a)  a precious stones claim;

                                 (b)  a mining lease;

                                 (c)  a retention lease (if the mining operations to which the lease relates are not limited to exploratory operations);

 

                  and that the House of Assembly agrees thereto.

 

                  As to Amendments Nos 3 and 4:

                              That the House of Assembly do not further insist on its disagreement thereto.

 

                  As to Amendment No. 5:

                              That the Legislative Council do not further insist on its amendment but makes the following amendment in lieu thereof:

 

                  Clause 10, page 4, after line 33—Insert new subsection as follows:

                  (3a)             An application for renewal of an exploration licence must be made to the Minister in the prescribed form at least 1 month before the date of expiry of the licence.

 

                  and that the House of Assembly agrees thereto.

 

                  As to Amendments Nos 6 to 8:

                              That the House of Assembly do not further insist on its disagreement thereto.

 

                  As to Amendments Nos 9 and 10:

                              That the Legislative Council do not further insist on its amendments.

 


                  As to Amendments Nos 11 and 12:

                              That the Legislative Council do not further insist on its amendments but makes the following amendments in lieu thereof:

 

                  Clause 25, page 9, lines 11 to 20—Leave out proposed new section 58 and insert:

 

            58A. How entry on land may be authorised Mining operator may enter land to carry out mining operations on the land—

                  (a)     if the mining operator has an agreement1 with the owner of the land authorising the mining operator to enter the land to carry out mining operations on the land; or

                  (b)     if the mining operator is authorised by a native title mining determination to enter the land to carry out mining operations on the land; or

                  (c)     if-

                              (i)      the mining operator has given the prescribed notice of entry; and

                              (ii)    the mining operations will not affect native title in the land; and

                              (iii)  the mining operator complies with any determination made on objection to entry on the land, or the use or unconditional use of the land, or portion of the land, for mining operations;2 or

                  (d)     if the land to be entered is in a precious stones field and the mining operations will not affect native title in the land; or

                  (e)     if the mining operator enters the land to continue mining operations that had been lawfully commenced on the land before the commencement of this section.

                              Explanatory note—

                              A mining operator's right to enter land to carry out mining operations on the land is contingent on the operator holding the relevant mining tenement.

                                                            1. If the land is native title land, the agreement is to be negotiated under Part 9B.

                                                            2. See section 58A(5).

 

                  Clause 25, page 9, lines 22 to 26 (new section 58A)—Leave out proposed subsection (1) and insert:

                    1A Mining operator must, at least 21 days before first entering land to carry out mining operations, serve on the owner of the land notice of intention to enter the land (the "prescribed notice of entry") describing the nature of the operations to be carried out on the land.

 

                  Clause 25, page 9, line 31 (new section 58A)—Leave out "tenure" and insert "title (other than a                 pastoral lease)".

 

                  Clause 25, page 10, lines 19 to 23 (new section 58A)—Leave out proposed subsection (7) and insert:

                  (7)      The prescribed notice of entry is not required if—

                              (a)     the land to be entered is in a precious stones field; or

                              (b)     the mining operator is authorised to enter the land by agreement with the owner of the land; or

                              (c)     the mining operator is authorised to enter the land under a native title mining determination; or

                              (d)     the mining operator enters the land to continue mining operations that had been lawfully commenced on the land before the commencement of this section.

                  and that the House of Assembly agrees thereto.

 

                  As to Amendments Nos 13 and 14:

                              That the House of Assembly do not further insist on its disagreement thereto.

                 

                  As to Amendments Nos 15 to 19:

                              That the Legislative Council do not further insist on its amendments but makes the following amendments in lieu thereof:

 

                  Clause 29, page 11, lines 20 to 34 and page 12, lines 1 to 20 (new sections 63F and 63G)—Leave out all words on these lines and insert:

                                                                          DIVISION 1—EXPLORATION

            63F. Qualification of rights conferred by exploration authority (1)  An exploration authority confers no right to carry out mining operations on native title land unless—

                  (a)        the mining operations do not affect native title (ie they are not wholly or partly inconsistent with the continued existence, enjoyment or exercise of rights deriving from native title1); or

                  (b)        a declaration is made under the law of the State or the Commonwealth to the effect that the land is not subject to native title.2

                  (2)        However, a person who holds an exploration authority that would, if land were not native title land, authorise mining operations on the land may acquire the right to carry out mining operations on the land (that affect native title) from an agreement or determination authorising the operations under this Part.

                  (3)        An agreement or determination under this Part need not be related to a particular exploration authority.

                  (4)        However, a mining operator's right to carry on mining operations that affect native title is contingent on the existence of an exploration authority that would, if the land were not native title land, authorise the mining operator to carry out the mining operations on the land.

                                                                  1. Cf. Native Title Act 1993 (Cwth), s. 227.

                                                                  2. A declaration to this effect may be made under Part 4 of the Native Title (South Australia) Act 1994 or under the Native Title Act 1993 (Cwth). The effect of such a declaration is that the land ceases to be native title land. 

 

            63G. Exploration rights to be held in escrow in certain circumstances (1)  If an exploration authority is granted in respect of native title land, and the holder of the authority has no right or no substantial right to explore for minerals on the land because of the absence of an agreement or determination authorising mining operations on the land, the exploration authority does nevertheless, while it remains in force, prevent the grant or registration of another exploration authority for exploring for minerals of the same class within the area to which the authority relates.

                  (2)     The Minister may revoke an exploration authority that is granted entirely or substantially in respect of native title land if it appears to the Minister that the holder of the authority is not proceeding with reasonable diligence to obtain the agreement or determination necessary to authorise the effective conduct of mining operations on the land to which the authority relates.

                                                                         DIVISION 1A—PRODUCTION

            63GA.  Limits on grant of production tenement A production tenement may not be granted or registered over native title land unless—

                  (a)     the mining operations to be carried out under the tenement are authorised by a pre-existing agreement or determination registered under this Part; or

                  (b)     a declaration is made under the law of the State or the Commonwealth to the effect that the land is not subject to native title.1

                                                            1. A declaration to this effect may be made under Part 4 of the Native Title (South Australia) Act 1994 or the Native Title Act 1993 (Cwth). The effect of the declaration is that the land ceases to be native title land.

 

            63GB. Applications for production tenements (1)  The Minister may agree with an applicant for a production tenement over native title land that the tenement will be granted or registered contingent on the registration of an agreement or determination under this Part.

                  (2)     The Minister may refuse an application for a production tenement over native title land if it appears to the Minister that the applicant is not proceeding with reasonable diligence to obtain the agreement or determination necessary to the grant or registration of the tenement to which the application relates (and if the application is refused, the applicant's claim lapses).

 

                  Clause 29, page 12, lines 27 to 39, page 13, lines 1 to 24—Leave out proposed sections 63I, 63J, and 63K and insert:

            63I. Types of agreement authorising mining operations on native title land (1) An agreement authorising mining operations on native title land (a "native title mining agreement") may—

                  (a)     authorise mining operations by a particular mining operator; or

                  (b)     authorise mining operations of a specified class within a defined area by mining operators of a specified class who comply with the terms of the agreement.

                              Explanatory note—

                              If the authorisation relates to a particular mining operator it is referred to as an individual authorisation. Such an authorisation is not necessarily limited to mining operations under a particular exploration authority or production tenement but may extend also to future exploration authorities or production tenements. If the authorisation does extend to future exploration authorities or production tenements it is referred to as a conjunctive authorisation. An authorisation that extends to a specified class of mining operators is referred to as an umbrella authorisation.

                  (2)     If a native title mining agreement is negotiated between a mining operator who does not hold a production tenement for the relevant land, and native title parties who are claimants to (rather than registered holders of) native title land, the agreement cannot extend to mining operations conducted on the land under a future production tenement.

                  (3)     An umbrella authorisation can only relate to prospecting or mining for precious stones over an area of 200 square kilometres or less.

                  (4)     If the native title parties with whom a native title mining agreement conferring an umbrella authorisation is negotiated are claimants to (rather than registered holders of) native title land, the term of the agreement cannot exceed 10 years.

                  (5)     The existence of an umbrella authorisation does not preclude a native title mining agreement between a mining operator and the relevant native title parties relating to the same land, and if an individual agreement is negotiated, the agreement regulates mining operations by a mining operator who is bound by the agreement to the exclusion of the umbrella authorisation.

            63IA. Negotiation of agreements (1) A person (the "proponent") who seeks a native title mining agreement may negotiate the agreement with the native title parties.

                  Explanatory note—

                  The native title parties are the persons who are, at the end of the period of two months from when notice is given under section 63J, registered under the law of the State or the Commonwealth as holders of, or claimants to, native title in the land. A person who negotiates with the registered representative of those persons will be taken to have negotiated with the native title parties. Negotiations with other persons are not precluded but any agreement reached must be signed by the registered representative on behalf of the native title parties.

                  (2)  The proponent must be—

                              (a)     if an agreement conferring an individual authorisation1 is sought—the mining operator who seeks the authorisation;

                              (b)     if an agreement conferring an umbrella authorisation1 is sought—the Minister or an association representing the interests of mining operators approved by regulation for the purposes of this section.

                                                            1. See the explanatory note to section 63I(1).

            63J.  Notification of parties affected (1)  The proponent initiates negotiations by giving notice under this section.

                  (2)     The notice must—

                              (a)     identify the land on which the proposed mining operations are to be carried out; and

                              (b)     describe the general nature of the proposed mining operations that are to be carried out on the land.

                  (3)     The notice must be given to—

                              (a)     the relevant native title parties; and

                              (b)     the ERD Court; and

                              (c)     the Minister.

                  (4)     Notice is given to the relevant native title parties as follows:

                              (a)     if a native title declaration establishes who are the holders of native title in the land—the notice must be given to the registered representative of the native title holders and the relevant representative Aboriginal body for the land;


                              (b)     if there is no native title declaration establishing who are the holders of native title in the land—the notice must be given to all who hold or may hold native title in the land in accordance with the method prescribed by Part 5 of the Native Title (South Australia) Act 1994.

            63K.  What happens when there are no registered native title parties with whom to negotiate (1)  If, two months after the notice is given to all who hold or may hold native title in the land, there are no native title parties in relation to the land to which the notice relates, the proponent may apply ex parte to the ERD Court for a summary determination.

                  (2)     On an application under subsection (1), the ERD Court must make a determination authorising entry to the land for the purpose of carrying out mining operations on the land, and the conduct of mining operations on the land.

                  (3)     The determination may be made on conditions the Court considers appropriate and specifies in the determination.

                  (4)     The determination cannot confer a conjunctive or umbrella authorisation.1

                                                            1. See the explanatory note to section 63I(1).

                  Clause 29, page 14, lines 1 to 13 (new section 63L)—Leave out proposed subsections (2) and (3) and insert:

                  (2)     If the proponent states in the notice given under this Division that the mining operations to which the notice relates are operations to which this section applies and that the proponent proposes to rely on this section, the proponent may apply ex parte to the ERD Court for a summary determination authorising mining operations in accordance with the proposals made in the notice.

                  (3)     On an application under subsection (2), the ERD Court may make a summary determination authorising mining operations in accordance with the proposals contained in the notice.

                  (4)     However, if within two months after notice is given, a written objection to the proponent's reliance on this section is given by the Minister, or a person who holds, or claims to hold, native title in the land, the Court must not make a summary determination under this section unless the Court is satisfied after giving the objectors an opportunity to be heard that the operations are in fact operations to which this section applies.

                  and that the House of Assembly agrees thereto.

 

                  As to Amendments Nos 20 and 21:

                              That the House of Assembly do not further insist on its disagreement thereto.

 

                  As to Amendment No. 22:

                              That the Legislative Council do not further insist on its amendment but makes the following amendment in lieu thereof:

 

                  Clause 29, page 14, lines 28 and 29 (new section 63N(2))—Leave out proposed subsection (2) and insert:

                  (2)     An agreement must deal with—

                              (a)     notices to be given or other conditions to be met before the land is entered for the purposes of carrying out mining operations; and

                              (b)     principles governing the rehabilitation of the land on completion of the mining operations.

                  and that the House of Assembly agrees thereto.

 

                  As to Amendment No. 23:

                              That the House of Assembly do not further insist on its disagreement thereto.

 

                  As to Amendments Nos 24 and 25:

                              That the Legislative Council do not further insist on its amendments but makes the following amendments in lieu thereof:

 

                  Clause 29, page 15, lines 2 to 4 (new section 63N)—Leave out proposed paragraph (b) and insert:

                              (b)     if the Court considers it appropriate, make a determination authorising entry on the land to carry out mining operations, and the conduct of mining operations on the land, on conditions determined by the Court.

 

                  Clause 29, page 15, lines 5 to 10 (new section 63N)—Leave out proposed subsection (6).

 

                  Clause 29, page 15, after line 10—Insert new section as follows:

            63NA. Effect of registered agreement (1) A registered agreement negotiated under this Division is (subject to its terms) binding on, and enforceable by or against the original parties to the agreement and—

                  (a)     the holders from time to time of native title in the land to which the agreement relates; and

                  (b)     the holders from time to time of any exploration authority or production tenement under which mining operations to which the agreement relates are carried out.

                  (2)     If a native title declaration establishes that the native title parties with whom an agreement was negotiated are not the holders of native title in the land or are not the only holders of native title in the land, the agreement continues in operation (subject to its terms) until a fresh agreement is negotiated under this Part with the holders of native title in the land, or for 2 years after the date of the declaration (whichever is the lesser).

                  (3)     Either the holders of native title in the land or the mining operator may initiate negotiations for a fresh agreement by giving notice to the other.

                  (4)     A registered agreement that authorises mining operations to be conducted under a future mining tenement is contingent on the tenement being  granted or registered.

                  and that the House of Assembly agrees thereto.

 

                  As to Amendment No. 26:

                              That the Legislative Council do not further insist on its amendment.

 

                  As to Amendments Nos 27 and 28:

                              That the Legislative Council do not further insist on its amendments but makes the following amendments in lieu thereof:

 

                  Clause 29, page 16, after line 1 (new section 63O)—Insert new subsection as follows:

                              (5)     The representative Aboriginal body for the area in which the land is situated is entitled to be heard in proceedings under this section.

 

                  Clause 29, page 16, after line 31—Insert:

            63PA. Limitation on powers of Court (1) The ERD Court cannot make a determination conferring a conjunctive or umbrella authorisation1 unless the native title parties2 are represented in the proceedings and agree to the authorisation.

                  (2)     A conjunctive authorisation1 conferred by determination cannot authorise mining operations under both an exploration authority and a production tenement unless the native title parties1 are the registered holders of (rather than claimants to) native title land.3

                  (3)     An umbrella authorisation1 conferred by determination—

                              (a)     can only relate to prospecting or mining for precious stones over an area of 200 square kilometres or less; and

                              (b)     cannot authorise mining operations for a period exceeding 10 years unless the native title parties2 are registered holders of (rather than claimants to) native title land.4

                                                            1. See explanatory note to section 63I(1).

                                                            2. See explanatory note to section 63IA(1).

                                                            3. Section 63I(2) is of similar effect in relation to native title mining agreements.

                                                            4. Section 63I(3) and (4) are of similar effect in relation to native title mining agreements.

                  and that the House of Assembly agrees thereto.

 

                  As to Amendment No. 29:

                              That the Legislative Council do not further insist on its amendment.

 

                  As to Amendment No. 30:

                              That the Legislative Council do not further insist on its amendment but makes the following amendment in lieu thereof:

 

                  Clause 29, page 17, lines 19 and 20 (new section 63R)—Leave out proposed subsection (2) and insert:

                  (2)     However—

                              (a)     the Minister cannot overrule a determination—

                                          (i)      if more than two months have elapsed since the date of the determination; or

                                          (ii)    if the Minister was the proponent of the negotiations leading to the determination; and

                              (b)     the substituted determination cannot create a conjunctive or umbrella authorisation1 if there was no such authorisation in the original determination nor can the substituted determination extend the scope of a conjunctive or umbrella authorisation.

                  Explanatory note—

                  The scope of an authorisation is extended if the period of its operation is lengthened, the area to which it applies is increased, or the class of mining operations to which it applies is expanded in any way.

                                    1. See the explanatory note to section 63I(1).

                  and that the House of Assembly agrees thereto.

 

                  As to Amendment No. 31:

                              That the House of Assembly do not further insist on its disagreement thereto.

                 

                  As to Amendment No. 32:

                              That the Legislative Council do not further insist on its amendment but makes the following amendment in lieu thereof:

 

                  Clause 29, page 18, after line 28—Insert:

            63VA.       Review of compensation (1) If—

                  (a)     mining operations are authorised by determination under this Part on conditions requiring the payment of compensation; and

                  (b)     a native title declaration is later made establishing who are the holders of native title in the land,

                  the ERD Court may, on application by the registered representative of the holders of native title in the land, or on the application of a person who is liable to pay compensation under the determination, review the provisions of the determination providing for the payment of compensation.

                  (2)     The application must be made within three months after the date of the native title declaration.

                  (3)     The Court may, on an application under this section—

                              (a)     increase or reduce the amount of the compensation payable under the determination (as from the date of application or a later date fixed by the Court); and

                              (b)     change the provisions of the determination for payment of compensation in some other way.

                  (4)     In deciding whether to vary a determination and, if so, how, the Court must have regard to—

                              (a)     the assumptions about the existence or nature of native title on which the determination was made and the extent to which the native title declaration has confirmed or invalidated those assumptions; and

                              (b)     the need to ensure that the determination provides just compensation for, and only for, persons whose native title in land is affected by the mining operations;

                              (c)     the interests of mining operators and investors who have relied in good faith on the assumptions on which the determination was made.

                  and that the House of Assembly agrees thereto.

 

                  As to Amendment No. 33:

                              That the House of Assembly do not further insist on its disagreement thereto.

 

                  As to Amendment No. 34:

                              That the Legislative Council do not further insist on its amendment.

 

                  And that the Legislative Council makes the following consequential amendments and the House of Assembly agree thereto:

 

                  Clause 3, page 2, after line 24—Insert definition as follows:

            "native title mining determination" means a determination authorising a mining operator to enter land and carry out mining operations on the land under Part 9B;

 

                  New clause, after clause 11, page 5, line 8—Insert new clause as follows:

            11A. Amendment of s. 34—Grant of mining lease Section 34 of the principal Act is amended by striking out from subsection (1) "The Minister" and inserting "Subject to Part 9B, the Minister".

 

                  New clause, after clause 15, page 6, line 21—Insert new clause as follows:

            15A. Amendment of s. 41A—Grant of retention lease Section 41A of the principal Act is amended by inserting in subsection (1) "and Part 9B" after "subject to this section".

 

                  Clause 19, page 7, after line 31—Insert new paragraph as follows:

                  (aa) by striking out from subsection (3) "subject to this Act" and substituting "subject to Part 9B and the other provisions of this Act";

 

                  Clause 29, page 17, line 7 (new section 63Q)—Insert "(subject to its terms)" after "is".

 

                  Clause 29, page 17, line 11 (new section 63Q)—Leave out "mining tenement" and insert               "exploration authority or production tenement".

 

                  Clause 29, page 17, after line 12 (new section 63Q)—Insert the following proposed subsections:

                  (4)     If a native title declaration establishes that the native title parties to whom the determination relates are not the holders of native title in the land or are not the only holders of native title in the land, the determination continues in operation (subject to its terms) until a fresh determination is made, or for 2 years after the date of the declaration (whichever is the lesser).

                  (5)     A determination under this Part that authorises mining operations to be conducted under a future mining tenement is contingent on the tenement being granted or registered.

 

                  New clause, page 19, after line 32—Insert:

            35A. Insertion of s. 84A The following section is inserted after section 84 of the principal Act:

            84A.  Safety net (1) The Minister may enter into an agreement with the holder of a mining tenement—

                  (a)     that, if the tenement should at some future time be found to be wholly or partially invalid due to circumstances beyond the control of the holder of the tenement, the holder of the tenement will have a preferential right to the grant of a new tenement; and

                  (b)     dealing with the terms and conditions on which the new tenement will be provided.

                  (2)     The Minister must consider any proposal by the holder of a mining tenement for an agreement under this section.

 

18       Messages from the Legislative Council                                                                          

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

 

            Mining (Special Enterprises) Amendment Bill                                                                               Message No. 128

                  MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Mining Act 1971, with the amendment indicated by the annexed Schedule, to which amendment the Legislative Council desires the concurrence of the House of Assembly.

                  Legislative Council, 11 April 1995                                                                                                               H.P.K. Dunn, PRESIDENT

 

                                                                     Schedule of the amendment made by the Legislative Council

                  Page 5 (clause 5) - After line 7 insert new subsection as follows:-

                  “(2)   If -

                                          (a)     an existing lease or licence is to be subsumed into a new mining tenement under this Part; and

                                          (b)     the existing lease or licence is subject to a term or condition that has been included to protect -

                                                      (i)      the natural beauty of a locality or place; or

                                                      (ii)    flora or fauna; or

                                                      (iii)  buildings of architectural or historical interest, or objects or features of scientific or historical interest; or

                                                      (iv)    Aboriginal sites or objects within the meaning of the Aboriginal Heritage Act 1988,

                                          then the Minister must ensure that a comparable term or condition is included in the new tenement.”

                                                                                                                                                J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

                  Ordered - That the Message be taken into consideration today.

 

            Mining (Native Title) Amendment Bill                                                                                                         Message No. 129

                  MR SPEAKER - The Legislative Council having considered the recommendations from the Conference on the Mining (Native Title) Amendment Bill has agreed to the same. The Bill is returned herewith.

                  Legislative Council, 11 April 1995                                                                                                               H.P.K. Dunn, PRESIDENT

 

                  Ordered - That consideration of the recommendations from the Conference be an Order of the Day for today.

 

            Housing and Urban Development (Administrative Arrangements)                                          Message No. 130

                    Bill            

                  MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for various matters relating to the public administration of housing and urban development within the State; to provide for the creation of certain bodies to facilitate development within the State; to repeal the South Australian Housing Trust Act 1936 and the Urban Land Trust Act 1981; to make related amendments to the Housing Improvement Act 1940; and for other purposes, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

                  Legislative Council, 11 April 1995                                                                                                               H.P.K. Dunn, PRESIDENT

 

                                                                    Schedule of the amendments made by the Legislative Council

                  No. 1             Page 1, lines 8 and 9 (Long title) - Leave out “the South Australian Housing Trust Act 1936 and”.

                  No. 2            Page 2, lines 3 and 4 (clause 3) - Leave out “continued in existence under Division 1 of Part 3”.

                  No. 3            Page 4, lines 4 and 5 (clause 5) - Leave out “, in accordance with the policies and determinations of the Government”.

                  No. 4            Page 4, line 16 (clause 5) - After “urban development” insert “, to consult with community groups on issues associated with housing and urban development,”.

                  No. 5            Page 4, line 29 (clause 6) - After “functions” insert “conferred on or vested in the Minister under this Act”.

                  No. 6            Page 5, lines 2 to 7 (clause 7) - Leave out the clause and insert new clause as follows:-

                            7.  “Advisory committees, etc. (1)  The Minister must establish -

                                          (a)     a housing and urban development industry advisory committee; and

                                          (b)     a residents and consumers advisory committee,

                                          to provide advice on matters relevant to this Act, the Minister, the Department, a statutory corporation or SAHT.

                                          (2)     The Minister may establish other committees and subcommittees.

                                          (3)     The procedures to be observed in relation to the conduct of the business of a committee will be -

                                                      (a)     as determined by the Minister;

                                                      (b)     insofar as the procedure is not determined under paragraph (a) - as determined by the relevant committee.”

                  No. 7             Page 6, lines 3 to 8 (clause 8) - Leave out the clause.

                  No. 8            Page 6, line 11 (clause 9) - Leave out “The Minister may, by notice in the Gazette” and insert “The Governor may, by regulation”.

                  No. 9            Page 6, line 15 (clause 9) - Leave out “A notice under subsection (1)” and insert “Regulations establishing a statutory corporation”.

                  No. 10         Page 6, line 24 (clause 9) - Leave out “Minister” and  insert “Governor”.

                  No. 11          Page 6, line 30 (clause 9) - Leave out “The Minister may, by notice in the Gazette” and insert “The Governor may, by regulation”.

                  No. 12         Page 7, line 3 (clause 9) - Leave out “Minister” and insert “Governor”.

                  No. 13         Page 7, line 5 (clause 9) - Leave out “The Minister may, by notice in the Gazette” and insert “The Governor may, by regulation”.

                  No. 14         Page 7, line 8 (clause 9) - Leave out “determined by the Minister” and insert “specified by regulation”.

                  No. 15         Page 7 (clause 9) - After line 10 insert new subparagraph as follows:-

                                          “(iia)           to SAHT; or”.

                  No. 16         Page 7, line 11 (clause 9) - Leave out “with the concurrence of the Treasurer -”.

                  No. 17          Page 7, line 11 (clause 9) - Leave out “an” and insert “another”.

                  No. 18         Page 7, line 13 (clause 9) - Leave out “in prescribed circumstances, subject to prescribed conditions (if any), and”.

                  No. 19         Page 7, line 16 (clause 9) - Leave out “Minister” and insert “Governor”.

                  No. 20        Page 7, lines 18 and 19 (clause 9) - Leave out subclause (6) and insert new subclauses as follow:-

                                          “(6)   However, if a regulation is in force under paragraph (e)  of subsection (2) in respect of the statutory corporation, a statutory corporation must not be dissolved unless the Governor is satisfied that any relevant procedure prescribed under that paragraph has been followed.

                                           (7)                 If a regulation establishing a statutory corporation under this section is disallowed by either House of Parliament, the assets, rights and liabilities of the statutory corporation become assets, rights and liabilities of the Minister.”

                  No. 21         Page 7, line 25 (clause 11) - Leave out “Minister” and insert “Governor”.

                  No. 22        Page 7, line 26 (clause 11) - Leave out “Minister” twice occurring and insert, in each case, “Governor”.

                  No. 23        Page 7, line 28 (clause 11) - Leave out “Minister” and insert “Governor”.

                  No. 24        Page 7, line 29 (clause 11) - Leave out “Minister” and insert “Governor”.

                  No. 25        Page 8, line 1 (clause 11) - Leave out “Minister” and insert “Governor”.

                  No. 26        Page 8, line 9 (clause 11) - Leave out “Minister” and insert “Governor”.

                  No. 27         Page 8, line 16 (clause 11) - Leave out “Minister” and insert “Governor”.

                  No. 28        Page 8, line 20 (clause 12) - Leave out “Minister” and insert “Governor”.

                  No. 29        Page 11, line 29 (clause 18) - Leave out “a notice under Division 2” and insert “regulation”.

                  No. 30        Page 12, lines 31 and 32 (clause 22) - Leave out “a notice under Division 2” and insert “regulation”.

                  No. 31         Page 12, line 34 (clause 22) - Leave out “a notice under Division 2” and insert “regulation”.

                  No. 32        Page 13, line 3 (clause 22) - Leave out “a notice under Division 2” and insert “regulation”.

                  No. 33        Page 13, line 12 (clause 22) - Leave out “a notice under Division 2” and insert “regulation”.

                  No. 34        Page 13, line 20 (clause 24) - After “statutory corporation” insert “or to SAHT”.

                  No. 35        Page 13 (clause 24) - After line 23 insert new subparagraph as follows:-

                                          “(iia)           to SAHT; or”.

                  No. 36        Page 13, line 24 (clause 24) - Leave out “an” and insert “another”.

                  No. 37         Page 17, line 30 (clause 36) - After “by” insert  “regulation,”.

                  No. 38        Page 17, line 33 (clause 36) - After “a body by” insert “regulation,”.

                  No. 39        Page 17, line 37 (clause 36) - After “by” insert “regulation,”.

                  No. 40        Page 19, lines 4 to 6, clause 1 (Schedule 1) - Leave out clause 1 and insert new clause as follows:-

                                          “1.      The Urban Land Trust Act 1981  is repealed.”

                  No. 41         Page 20, lines 6 and 7, clause 1 (Schedule 2) - Leave out the definition of “Housing Trust”.

                  No. 42        Page 20, lines 13 and 14, clause 3 (Schedule 2) - Leave out the clause.

                  No. 43        Page 20, line 19, clause 5 (Schedule 2) - Leave out “the Housing Trust,”.

                  No. 44        Page 20, lines 27 and 28, clause 6 (Schedule 2) - Leave out “the Housing Trust,”.

                  No. 45        Page 21, lines 1 and 2, clause 6 (Schedule 2) - Leave out paragraph (b).

                  No. 46        Page 21, lines 13 to 16, clause 7 (Schedule 2) - Leave out the clause and insert new clause as follows:-

                            7. “Statutory fund  The South Australian Urban Land Trust Fund vests in the Minister.”

                  No. 47         Page 21, line 19, clause 8 (Schedule 2) - Leave out “the Housing Trust,”.

                                                                                                                                                J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

                  Ordered - That the amendments be taken into consideration today.

 

            Waterworks (Rating) Amendment                                                                                                                     Message No. 131

                  MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Waterworks Act 1932 and to make consequential amendments to the South Australian Water Corporation Act 1994, without any amendment.

                  Legislative Council, 11 April 1995                                                                                                               H.P.K. Dunn, PRESIDENT

 

19       Adjournment

                  House adjourned at 2.05 a.m. until today at 2.00 p.m.

 

                                                                                                                                  ____________

 

 

                                                                 MOTIONS WHICH NOTICE WAS GIVEN

 

 

For Thursday 1 June 1995

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

 

Mr Atkinson to move - That he have leave to introduce a Bill for an Act to amend the Local Government Act 1934.

 

            Notice of Motion: Other Motions-

Mr Atkinson to move - That the House calls on the Government to ensure the two-way movement of private motor vehicles and pedal cycles through Barton Road, North Adelaide.

 

                                                                                                                                  ____________

 

 

                  Present during the day - All the Members except Mr Leggett (on leave), Mr Lewis, Hon. J.W. Olsen, Hon J.K.G. Oswald and Mrs Penfold.

 

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

 

                  Division No. 1 -

                              Ayes - Mrs Geraghty, Mr Quirke and Ms White.

                              Noes - Hon. D.C. Brown, Mr Leggett and Mrs Penfold.

 

                  Division No. 2 -

                              Ayes - Ms Hurley, Mrs Geraghty and Mr Quirke.

                              Noes - Hon. D.C. Brown, Mr Leggett and Mrs Penfold.

 

                  Division No. 3 -

                              Ayes - Ms Hurley, Mrs Geraghty and Mr Quirke.

                              Noes - Hon. D.C. Brown, Mr Leggett and Mrs Penfold.

 

                  Division No. 4 -

                              Ayes - Ms Hurley, Mrs Geraghty and Mr Quirke.

                              Noes - Hon. D.C. Brown, Mr Leggett and Mrs Penfold.

 

 

 

 

 

                                                                                                                                                                                                                                                G.M. Gunn

                                                                                                                                                                                                                                                SPEAKER

 

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY