No 62

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

MONDAY 19 JULY 2004

 

 

1       Meeting of House

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

 

2       Petitions Nos 86 to 88

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

 

86   Hon R G Kerin, from 219 residents of South Australia, requesting the House to Take care, action to establish an independent Inquiry to fully investigate and report upon allegations of sexual abuse of Wards of the State and others in institutional care.

 

87 and 88    Mrs Maywald and Mr Hamilton-Smith, from 66 residents of South Australia, requesting the House to pass the recommended legislation coming from the Constitutional Convention and provide for a referendum, at the next election, to adopt or reject each of the Convention’s proposals.

 

3       Speaker's Statement – Matter of Privilege – Parliamentary Precincts

The Speaker raised as a matter of privilege the possible listing of the Parliamentary precincts on the National Heritage Register and a potential risk of the Parliament to lose control over the fate of the buildings and surrounds.  The Speaker indicated to the House that listing should only occur in consequence of it passing a motion, which should be forwarded to the Legislative Council for its concurrence, that supports the proposed nomination of the Parliamentary precincts for the National Heritage Register with the proviso that it is acknowledged and placed on the register that the South Australian Parliament retain full control and authority over the Parliamentary precincts.

 

4       Speaker's Statement – Matter of Privilege – Minister for Police

The Speaker advised that House that he had received correspondence from the Member for Unley, wherein the Member alleged that the Deputy Premier may have mislead the House, which may have been inadvertent, as a result of incorrect information being provided to the Member by the Police Commissioner.  While the Speaker was of the view that the Deputy Premier had provided the House with the best information available to him at the time, he stated that it is within the province of the House to consider that there is a prima facie case to answer for a breach of privilege.

 

5       Absence of Deputy Clerk

The Speaker advised the House that during the absence of the Deputy Clerk, he had appointed Mr Crump to perform his duties on Monday and Tuesday and Mr Pegram on Wednesday and Thursday of this week pursuant to Standing Order 25.

 

6       Papers

         The Speaker laid on the Table the following reports:

            City of Tea Tree Gully – Report 2002 - 2003

            District Council of Yankalilla – Report – 2002 - 2003.

 

7       Answers to questions

Answers to questions on the Notice Paper Nos 340, 349, 351, 372, 377, 378, 385, 401, 402, 416, 419  to 421 and 426 and questions without notice were tabled by the Speaker.

 

8       Public Works Committee – Report – Sturt Street Community School Redevelopment

Mr Caica brought up the 208th Report of the Committee on the Sturt Street Community School Redevelopment.

Report received.

Ordered to be published (Paper No 221).

 

9       Questions

Questions without notice were asked.

 

10      Speaker's Statement – Letter from Speaker to Committees – Travel Expenses

The Speaker acknowledged that he had received a number of letters in response to his correspondence to Members regarding the expenditure of funds for Members of statutory parliamentary committees while attending national conferences.  The Speaker advised the House that the purpose of his correspondence was to remind Members that as Speaker under the current arrangements he is responsible for authorising parliamentary travel for members. In respect of the funding of Members attending national conferences, the Speaker expressed a continuing concern about authorising these funds as they are being met from discretionary funds rather than the ordinary travel allowances available to Members.  The Speaker indicated that his correspondence related to the area of travel by committee Members to national conferences where that involved an additional appropriation from the House of Assembly budget.

 

11      Grievance debate

On motion of the Speaker, the House noted grievances.

 

12      Messages from the Legislative Council

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

 

         Natural Resources Management Bill                                                      Message No 78

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to promote sustainable and integrated management of the State’s natural resources; to make provision for the protection of the State’s natural resources; to make amendments to the Crown Lands Act 1929, the Dog and Cat Management Act 1995, the Dog Fence Act 1946, the Environment Protection Act 1993, the Ground Water (Qualco-Sunlands) Control Act 2000, the Local Government Act 1934, the Mining Act 1971, the National Parks and Wildlife Act 1972, the Native Vegetation Act 1991, the Parliamentary Committees Act 1991, the Pastoral Land Management and Conservation Act 1989, the Petroleum Act 2000, the River Murray Act 2003, the South Eastern Water Conservation and Drainage Act 1992 and the Subordinate Legislation Act 1978; to repeal the Animal and Plant Control (Agricultural Protection and Other Purposes) Act 1986, the Soil Conservation and Land Care Act 1989 and the Water Resources Act 1997; 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, 1 July 2004                                                      R R Roberts, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

 

Amendment No. 1.

Clause 3, page 18, line 4—

After "not)" insert:

in which water is contained or flows whether permanently or from time to time

 

Amendment No. 2.

Clause 3, page 18, line 24—

After "stormwater" insert:

(to the extent that it is not within a preceding item)

 

Amendment No. 3.

Clause 3, page 19, line 13—

After "environmental" insert:

, social and economic

 

Amendment No. 4.

Clause 3, page 19, lines 14 to 20—

Delete subclause (3) and substitute:

      (3)  For the purposes of this Act—

      (a)  a reference to a watercourse is a reference to either—

      (i)   the bed and banks of the watercourse (as they may exist from time to time); or

      (ii)   the water for the time being within the bed and banks of the watercourse (as they may exist from time to time),

or both, depending on the context.

      (b)  a reference to a lake is a reference to either—

      (i)   the bed, banks and shores of the lake (as they may exist from time to time); or

      (ii)   the water for the time being held by the bed, banks and shores of the lake (as they may exist from time to time),

or both, depending on the context.

      (3a) For the purposes of this Act, a reference to an estuary may include, according to the context, a reference to—

      (a)  any ecosystem processes or biodiversity associated with an estuary;

      (b)  estuarine habitats adjacent to an estuary.

 

Amendment No. 5.

Clause 7, page 21, line 29—

After "seeks to" insert:

enhance and

 

Amendment No. 6.

Clause 7, page 22, after line 38—

Insert:

      (ha) consideration should be given to other heritage issues, and to the interests of the community in relation to conserving heritage items and places;

 

Amendment No. 7.

Clause 9, page 24, after line 7—

Insert:

      (6a) In addition, if a person can demonstrate that he or she has acted in a manner consistent with any best practice methods or standards in the relevant industry or sphere of activity that are recognised as being acceptable for the purposes of subsection (1) by the relevant regional NRM board, then, to the extent of the consistency, no action can be taken against the person in connection with the operation of this section.

 

Amendment No. 8.

Clause 10, page 25, line 21—

After "an NRM authority under this Act" insert:

(other than a direction that, in the opinion of the NRM authority, is of minor significance taking into account its function and powers)

 

Amendment No. 9.

Clause 10, page 25, after line 23—

Insert:

      (6)  The Minister must, in acting in the administration of this Act, seek to act fairly and reasonably and recognise the need to enhance and support sustainable primary and other economic production systems.

 

Amendment No. 10.

Clause 12, page 26, line 13—

After "Minister" insert:

(but the Minister cannot give any direction with respect to any advice or recommendation that the NRM Council might give or make or with respect to the contents of any report)

 

Amendment No. 11.

Clause 13, page 26, line 33—

Delete "a reasonable time" and substitute:

2 months

 

Amendment No. 12.

Clause 14, page 28, line 7—

Delete "4 years" and substitute:

3 years

 

Amendment No. 13.

Clause 14, page 28, line 10—

Delete "8" and substitute:

6

 

Amendment No. 14.

Clause 14, page 28, after line 20—

Insert:

      (da) becomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or

 

Amendment No. 15.

Clause 17, page 29, line 37—

After "under subsection (1)(i)" insert:

(other than a function that is not, in the opinion of the NRM Council, a significant extension to its current functions)

 

Amendment No. 16.

Clause 20, page 31, lines 7 and 8—

Delete "received under Part 3" and substitute:

and NRM groups provided under this Act

 

Amendment No. 17.

Clause 20, page 31, after line 15—

Insert:

      (5)  In addition, if the Minister fails to lay an annual report of the NRM Council before both Houses of Parliament by 31 December in any year, the Minister must—

      (a)  ensure that a copy of the report is furnished to the Natural Resources Committee of the Parliament by that date; and

      (b)  until the report is laid before both Houses of Parliament, furnish to any Member of Parliament, on request, a copy of the report.

 

Amendment No. 18.

Clause 22, page 31, line 24—

Delete "The Minister may, by notice in the Gazette" and substitute:

The Government may, by proclamation made on the recommendation of the Minister

 

Amendment No. 19.

Clause 22, page 31, line 26—

Delete "The Minister should, in establishing NRM regions" and substitute:

The Minister must, in formulating a recommendation for the purposes of subsection (1)

 

Amendment No. 20.

Clause 22, page 31, line 31—

Delete "The Minister may, by subsequent notice in the Gazette" and substitute:

The Governor may, by subsequent proclamation made on the recommendation of the Minister

 

Amendment No. 21.

Clause 22, page 32, lines 1 and 2—

Delete "If the Minister takes action under subsection (3), the Minister may, by notice in the Gazette" and substitute:

If a proclamation is being made under subsection (3), the Governor may, by the same or a subsequent proclamation

 

Amendment No. 22.

Clause 22, page 32, line 7—

Delete "publishing a notice" and substitute:

a proclamation is made

 

Amendment No. 23.

Clause 22, page 32, line 8—

Delete "Minister's intention to publish a notice" and substitute:

proposed proclamation

 

Amendment No. 24.

Clause 25, page 34, lines 1 to 7—

Delete paragraph (b) and substitute:

      (b)  must give to—

      (i)   each peak body; and

      (ii)   such other bodies representing the interests of persons involved in natural resources management, or Aboriginal people, as the Minister considers to be appropriate in the circumstances,

notice of the fact that an appointment or appointments are to be made and give consideration to any submission made by any such body within a period (of at least 21 days) specified by the Minister.

 

Amendment No. 25.

Clause 25, page 34, line 11—

Delete "should" and substitute:

must

 

Amendment No. 26.

Clause 25, page 34, line 31—

Delete "endeavour to"

 

Amendment No. 27.

Clause 26, page 35, line 26—

Delete "4 years" and substitute:

3 years

 

Amendment No. 28.

Clause 26, page 35, line 27—

After "reappointment" insert:

subject to the qualification that a person cannot serve as a member of a particular regional NRM board for more than 6 consecutive years

 

Amendment No. 29.

Clause 26, page 36, after line 2—

Insert:

      (da) becomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or

 

Amendment No. 30.

Clause 29, page 36, after line 39—

Insert:

      (2a) However, if a regional NRM board acts with respect to a particular matter in the circumstances described in subsection (2), the board must furnish a report on the matter to the Natural Resources Committee of the Parliament (unless the matter is not, in the opinion of the board, significant).

 

Amendment No. 31.

Clause 30, page 38, after line 8—

Insert:

      (5a) However, if a regional NRM board acts outside its region, the board must furnish a report on the matter to the Natural Resources Committee of the Parliament (unless the matter is not, in the opinion of the board, significant).

 

Amendment No. 32.

Clause 32, page 39, line 38—

Delete "$20 000" and substitute:

$10 000

 

Amendment No. 33.

Clause 38, page 42, line 30—

Delete paragraph (c) and substitute:

      (c)  be accompanied by the annual reports of the NRM groups within its region;

 

Amendment No. 34.

Clause 43, page 45, lines 8 to 10—

Delete subclause (2) and substitute:

      (2)  A regional NRM board must, before seeking the approval of the Minister under subsection (1)(c), give notice of the proposed assignment to any owner or occupier of the land and give consideration to any submission that he or she may make within a period (of at least 21 days) specified by the board, and then prepare a report on the matter (including details of any submission that has been made) for submission to the Minister.

 

Amendment No. 35.

Clause 45, page 46, lines 21 and 22—

Delete subclause (1) and substitute:

      (1)  A regional NRM board may, by notice in the Gazette, designate an area within its region as an area within which an NRM group will operate.

 

Amendment No. 36.

Clause 45, page 46, line 23—

Delete "The Minister" and substitute:

The relevant regional NRM board

 

Amendment No. 37.

Clause 45, page 46, line 26—

Delete "the Minister takes action under subsection (2), the Minister may" and substitute:

a regional NRM board takes action under subsection (2), the board may, with the approval of the Minister

 

Amendment No. 38.

Clause 45, page 46, lines 33 and 34—

Delete subclause (5)

 

Amendment No. 39.

Clause 45, page 46, line 35—

Delete "The Minister" and substitute:

A regional NRM board

 

Amendment No. 40.

Clause 45, page 46, line 37—

Delete "the Minister's" and substitute:

the board's

 

Amendment No. 41.

Clause 45, page 47, lines 1 to 4—

Delete subclause (7) and substitute:

      (7)  Two or more regional NRM boards may jointly establish an area under this section (on the basis that the area of the group will include parts of the areas of each of the boards).

      (8)  A regional NRM board must, in connection with the operation of this section—

      (a)  consult with the Minister before taking action under this section; and

      (b)  comply with any guidelines prepared by the Minister.

 

Amendment No. 42.

Clause 46, page 47, line 7—

Delete "The Minister" and substitute:

The relevant regional NRM board or boards

 

Amendment No. 43.

Clause 46, page 47, line 12—

Delete "The Minister" and substitute:

The relevant regional NRM board or boards

 

Amendment No. 44.

Clause 46, page 47, line 15—

Delete "The Minister" and substitute:

The relevant regional NRM board or boards

 

Amendment No. 45.

Clause 46, page 47, line 20—

Delete "A notice" and substitute:

Subject to subsection (6)(b), a notice

 

Amendment No. 46.

Clause 46, page 47, lines 30 and 31—

Delete subclause (6) and substitute:

      (6)  A regional NRM board must, in connection with the operation of this section—

      (a)  consult with the Minister before taking action under this section; and

      (b)  in the case of proposed action under subsection (5), not proceed without the specific approval of the Minister; and

      (c)  comply with any guidelines prepared by the Minister.

 

Amendment No. 47.

Clause 48, page 48, lines 22 to 30—

Delete subclauses (1) and (2) and substitute:

      (1)  An NRM group consists of up to 7 members appointed by the relevant regional NRM board or boards, being persons who collectively have, in the opinion of the board or boards, knowledge, skills and experience determined by the board or boards to enable the NRM group to carry out its functions effectively.

 

Amendment No. 48.

Clause 48, page 48, line 31—

Delete "A regional NRM board must, before making a nomination under subsection (2)(b)" and substitute:

The relevant regional NRM board or boards must, before making an appointment under subsection (1)

 

Amendment No. 49.

Clause 48, page 49, line 4—

Delete "The Minister" and substitute:

The relevant regional NRM board or boards

 

Amendment No. 50.

Clause 48, page 49, line 4—

Delete "should endeavour to" and substitute:

must

 

Amendment No. 51.

Clause 48, page 49, line 11—

Delete "The Minister" and substitute:

The relevant regional NRM board or boards

 

Amendment No. 52.

Clause 48, page 49, line 13—

Delete "The Minister" and substitute:

The relevant regional NRM board or boards

 

Amendment No. 53.

Clause 48, page 49, after line 16—

Insert:

      (10) A regional NRM board must, in connection with the operation of this section—

      (a)  consult with the Minister before taking action under this section; and

      (b)  comply with any guidelines prepared by the Minister.

 

Amendment No. 54.

Clause 49, page 49, line 19—

Delete "4 years" and substitute:

3 years

 

Amendment No. 55.

Clause 49, page 49, line 20—

After "reappointment" insert:

subject to the qualification that a person cannot act as a member of a particular NRM group for more than 9 consecutive years

 

Amendment No. 56.

Clause 49, page 49, line 21—

Delete "The Minister" and substitute:

The relevant regional NRM board or boards

 

Amendment No. 57.

Clause 49, page 49, line 28—

Delete "Minister considers" and substitute:

board or boards consider

 

Amendment No. 58.

Clause 49, page 49, line 33—

Delete "the Minister" and substitute:

the relevant regional NRM board or boards

 

Amendment No. 59.

Clause 49, page 49, after line 34—

Insert:

      (da) becomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or

 

Amendment No. 60.

Clause 49, page 49, line 35—

Delete "by the Minister"

 

Amendment No. 61.

Clause 52, page 50, line 20—

Delete "the Minister or"

 

Amendment No. 62.

Clause 57, page 52, line 28—

Delete "30 September" and substitute:

31 October

 

Amendment No. 63.

Clause 69, page 58, lines 6 to 9—

Leave out subparagraphs (ii) and (iii) and substitute:

      (ii)   is acting in a case where the authorised officer believes , on reasonable grounds, that a Category 1 or Category 2 animal may be present on the premises.

 

Amendment No. 64.

Clause 69, page 58, lines 14 and 15—

Leave out paragraph (b) and substitute:

      (b)  if the authorised officer believes, on reasonable grounds, that a Category 1 or Category 2 animal may be present in the place or vehicle.

 

Amendment No. 65.

Clause 69, page 59, after line 29—

Insert:

      (19) In this section—

Category 1 or Category 2 animal means an animal assigned to such a category under Chapter 8.

 

Amendment No. 66.

Clause 71, page 60, line 37—

Delete ", or ought to know,"

 

Amendment No. 67.

Clause 71, page 61, line 5—

Delete "Maximum penalty: $20 000." and substitute:

Maximum penalty:

      (a)  in the case of an offence against paragraph (a) or (e)—$5 000;

      (b)  in any other case—$10 000.

 

Amendment No. 68.

Clause 71, page 61, line 9—

Delete "$10 000" and substitute:

$5 000

 

Amendment No. 69.

Clause 75, page 67, line 3—

Delete "should" and substitute:

must

 

Amendment No. 70.

Clause 76, page 67, after line 34—

Insert:

      (ba) in providing for the allocation of water take into account the present and future needs of the occupiers of land in relation to the existing requirements and future capacity of the land and the likely effect of those provisions on the value of the land; and

 

Amendment No. 71.

Clause 79, page 71, line 17—

Delete subclause (14) and substitute:

      (14) The presiding member of the board will conduct the public meeting but if he or she is unable to attend then the board must appoint a suitable person to conduct the public meeting.

 

Amendment No. 72.

Clause 81, page 75, line 6—

Delete "(7)" and substitute:

(8)

 

Amendment No. 73.

Clause 89, page 77, after line 33—

Insert:

      (3)  If the Minister makes an amendment under subsection (2), the Minister must furnish a report on the matter to the Natural Resources Committee of the Parliament.

 

Amendment No. 74.

Clause 97, page 82, line 25—

Delete "occupier of rateable land is" and substitute:

owner of any rateable land will be taken to be the occupier of the land and so

 

Amendment No. 75.

Clause 97, page 82, line 27—

Delete "occupier" and substitute:

owner

 

Amendment No. 76.

Clause 97, page 83, line 1—

Delete "occupiers of land" and substitute:

persons liable to pay a levy

 

Amendment No. 77.

Clause 101, page 85, line 7—

Delete paragraph (f)

 

Amendment No. 78.

Clause 102, page 87, after line 2—

Insert:

      (8)  This section will expire on the third anniversary of its commencement.

 

Amendment No. 79.

Clause 116, page 97, lines 37 and 38—

Delete "Consolidated Account" and substitute:

NRM Fund

 

Amendment No. 80.

Clause 123, page 102, line 15—

Delete "$20 000" and substitute:

$10 000

 

Amendment No. 81.

Clause 127, page 106, line 16—

After "the regulations" insert:

made on the recommendation of the Minister

 

Amendment No. 82.

Clause 127, page 106, after line 16—

Insert:

      (3a) The Minister must not make a recommendation under subsection (3)(f) unless or until the Minister has consulted with the Natural Resources Committee of the Parliament in relation to the proposed regulations.

 

Amendment No. 83.

Clause 146, page 121, line 4—

Delete paragraph (e) and substitute:

      (e)  on any other reasonable ground.

 

Amendment No. 84.

Clause 146, page 121, after line 36—

Insert:

      (6a) If a condition of a licence restricts the purpose for the use of water to a particular crop, that restriction will cease to apply on 1 July 2006.

 

Amendment No. 85.

Clause 147, page 123, after line 7—

Insert:

      (ca) on or after 1 July 2006, insofar as the variation is being made on account of the operation of section 146(6a) in order to provide for the allocation of water under the licence on a basis that does not relate to the use of water for a crop; or

 

Amendment No. 86.

Clause 151, page 124, line 34—

After "SA Water" insert:

to

 

Amendment No. 87.

Clause 151, page 124, line 34—

Delete "the Corporation" and substitute:

SA Water

 

Amendment No. 88.

Clause 170—

Leave out the clause.

 

Amendment No. 89.

Clause 172, page 141, line 7—

Delete paragraph (a) and substitute:

      (a)  must consult any council whose area may be directly affected by the operation of the by-law;

 

Amendment No. 90.

Clause 172, page 141, after line 22—

Insert:

      (8a) The Minister must not give an approval under subsection (8)(b) unless the Minister has given any council whose area may be directly affected by the operation of the by-law notice of his or her proposal to give the approval and given consideration to any submission made by the council within a period (of at least 21 days) specified by the Minister.

 

Amendment No. 91.

Clause 184, page 150, line 21—

Delete "$20 000" and substitute:

$10 000

 

Amendment No. 92.

Clause 194, page 158, line 2—

After "at the earliest opportunity" insert:

(and in any event within 2 business days)

 

Amendment No. 93.

Clause 194, page 158, line 26—

Delete "$20 000" and substitute:

$10 000

 

Amendment No. 94.

Clause 202, page 165, line 30—

Delete "(d) or (e)"

 

Amendment No. 95.

Clause 203, page 168, line 1—

Delete "123(3) or (8)" and substitute:

123(4) or (10)

 

Amendment No. 96.

Clause 203, page 168, line 32—

Delete "184(3)" and substitute:

184(4)

 

Amendment No. 97.

Clause 206, page 170, lines 34 to 36—

Delete subclause (3) and substitute:

      (3)  The Minister must not enter into a management agreement that provides for the remission of any council rates under subsection (2)(j) unless the Minister has given the relevant council notice of the proposal to provide for the remission and given consideration to any submission made by the council within a period (of at least 21 days) specified by the Minister.

 

Amendment No. 98.

Clause 209, page 173, lines 31 and 32—

Delete "and the land is unoccupied" and substitute

, the land is unoccupied, and the person seeking to serve the notice or document has taken reasonable steps to effect service under the other paragraphs of this subsection but has been unsuccessful

 

Amendment No. 99.

Clause 222, page 179, line 4—

After "is liable" insert:

, subject to any determination of a court

 

Amendment No. 100.

Clause 222, page 179, line 7—

After "the conviction" insert:

, subject to any determination of a court

 

Amendment No. 101.

Clause 226, page 181, after line 23—

Insert:

      (3)  This section only applies with respect to a matter that relates to the River Murray.

 

Amendment No. 102.

Schedule 1, clause 5, page 188, line 3—

Delete "$20 000" and substitute:

$10 000

 

Amendment No. 103.

Schedule 1, clause 5, page 188, line 20—

Delete "$20 000" and substitute:

$10 000

 

Amendment No. 104.

Schedule 1, clause 5, page 188, after line 28—

Insert:

      (7a) If the Minister acts under subclause (7), the Minister must furnish a report on the matter to the Natural Resources Committee of the Parliament.

 

Amendment No. 105.

Schedule 1, clause 5, page 188, line 40—

After "member" insert:

or officer

 

Amendment No. 106.

Schedule 1, clause 5, page 188, line 42—

After "member" insert:

or officer

 

Amendment No. 107.

Schedule 1, clause 5, page 189, line 3—

After "community" insert:

within which the prescribed body operates

 

Amendment No. 108.

Schedule 4, clause 18, page 194, after line 13—

Insert:

      (1a) Section 67(1)—delete "an application"

      (1b) Section 67(1)(a)—before "for an increase" insert:

an application

      (1c) Section 67(1)(b)—before "to transfer" insert:

an application

      (1d) Section 67(1)—after paragraph (b) insert:

            or

      (ba) the use of water under a water allocation,

      (1e) Section 67(1)(c)—after "additional water allocation" insert:

is or

      (1f)  Section 67(1)(e)—delete "will authorise" and substitute:

authorises, or will authorise,

 

Amendment No. 109.

Schedule 4, clause 19, page 194, after line 20—

Insert:

      (2)  Section 68—after "the operation of the Scheme under this Act" insert:

after taking into account the provisions of the relevant water allocation plan

 

Amendment No. 110.

Schedule 4, clause 26, page 195, after line 26—

Insert:

      (a1) Section 25(1)—delete subsection (1) and substitute:

      (1)  The Council must prepare draft guidelines in relation to—

      (a)  the application of financial and other assistance provided by the Council; and

      (b)  the management of native vegetation; and

      (c)  the operation of section 29(4a).

 

Amendment No. 111.

Schedule 4, clause 26, page 195, line 33—

Delete "the application of financial and other assistance" and substitute:

a matter under subsection (1)(a) or (c)

 

Amendment No. 112.

Schedule 4, clause 27, page 196, after line 1—

Insert:

      (a1) Section 29(1)—delete "subsection (4)" and substitute:

this section

      (a2) Section 29—after subsection (4) insert:

      (4a) The Council may give its consent to the clearance of native vegetation that is in contravention of subsection (1)(b) if—

      (a)  the Council has adopted guidelines under section 25 that apply in relation to the region where the native vegetation is situated (being guidelines envisaged under subsection (1)(c) of that section); and

      (b)  the Council is satisfied—

      (i)   that a significant environmental benefit, which outweighs the value of retaining the vegetation, is to be achieved through the imposition of conditions and the taking of other action by the applicant; and

      (ii)   that the particular circumstances justify the giving of consent.

 

Amendment No. 113.

Schedule 4, clause 50, page 204, after line 20—

Insert:

      (2)  The Governor may, on the recommendation of the Minister, appoint some or all of the members of the Interim NRM Council as the first members of the NRM Council under this Act.

      (3)  An appointment under subclause (2)—

      (a)  may be made despite the fact that the constitution of the NRM Council under this clause would be inconsistent with Chapter 3 Part 2 Division 2; and

      (b)  may be made without the need to follow any process set out in Chapter 3; and

      (c)  will have effect for a term not exceeding 12 months, as specified by the Governor at the time of appointment; and

      (d)  will be made on any conditions specified by the Governor in the instrument of appointment.

      (4)  The Governor may appoint a person appointed under subclause (2) as the presiding member of the NRM Council.

      (5)  In the event of a casual vacancy in the office of a person appointed under subclause (2), the Governor may, on the recommendation of the Minister, appoint a person to the vacant office for the balance of the initial term of appointment.

      (6)  A person holding office under this clause is eligible for reappointment to the NRM Council at the end of the term specified under subclause (3)(c).

      (7)  A reference in this Act to the NRM Council will be taken to include a reference to the NRM Council as constituted under this clause.

      (8)  In this clause—

Interim NRM Council means the Natural Resources Management Council established by the Minister in June 2002.

 

Amendment No. 114.

Schedule 4, clause 55, page 209, line 14—

After "the Minister" insert:

(in accordance with those sections)

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

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

 

         Parliamentary Remuneration (Non-monetary Benefits) Amendment Bill                                                                           Message No 79

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Parliamentary Remuneration Act 1990, without any amendment.

         Legislative Council, 1 July 2004                                                      R R Roberts, PRESIDENT

 

         Pitjantjatjara Land Rights (Executive Board) Amendment Bill               Message No 80

MR SPEAKER - The Legislative Council has agreed to the amendments made by the House of Assembly in the Pitjantjatjara Land Rights (Executive Board) Amendment Bill, without any amendment.

         Legislative Council, 1 July 2004                                                      R R Roberts, PRESIDENT

 

 

 

 

         Australian Energy Market Commission Establishment Bill                      Message No 81

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to establish the Australian Energy Market Commission; and for other purposes, without any amendment.

         Legislative Council, 1 July 2004                                                      R R Roberts, PRESIDENT

 

13      Select Committee on the Juvenile Justice System

Order of the Day read for the Report of the Select Committee on the Juvenile Justice System to be brought up.

 

Extension of time for bringing up Report

The Minister for Families and Communities (Hon J W Weatherill) moved - That the time for bringing up the Report of the Select Committee be extended until 22 July.

Question put and passed.

 

14      Postponement of business

Ordered severally - That Orders of the Day: Government Business No 2 to 17 be postponed and taken into consideration after Order of the Day: Government Business No 18.

 

15      Commission of Inquiry (Children in State Care) Bill

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

Debate resumed.

 

16      Extension of time for adjournment

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

 

17      Commission of Inquiry (Children in State Care) Bill

Debate (interrupted by the foregoing) resumed.

         Question put and passed.

 

         Bill read a second time.

 

In Committee

                                                Clauses Nos 1 and 2 agreed to.

                                                Clause No 3 read.

 

         Mrs Redmond moved on page 2, after line 16 to insert:

      parliamentary selection committee means a committee consisting of the Speaker, the Premier and the Leader of the Opposition;

Question – That the amendment be agreed to – put.

         Committee divided (No 1):

 

           Ayes, 17

 

           Noes, 21

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon D C Brown

Ms Breuer

Ms Chapman

Mr Caica

Hon I F Evans

Ms Ciccarello

Hon G M Gunn

Hon P F Conlon

Mrs Hall

Hon K O Foley

Hon R G Kerin

Mr Hanna

Hon D C Kotz

Hon S W Key

Hon I P Lewis

Mr Koutsantonis

Hon W A Matthew

Hon J D Lomax-Smith

Dr McFetridge

Ms Maywald

Mr Meier

Hon R J McEwen

Mrs Penfold

Ms Rankine

Mr Scalzi

Mr Rau

Mr Venning

Mr Snelling

(Teller) Mrs Redmond

Hon L Stevens

 

Ms Thompson

 

Hon P L White

 

Hon M J Wright

 

(Teller) Hon J W Weatherill

 

         So it passed in the negative.

 

                                                Clause agreed to.

           

Division List - Correction of error

Mr Meier called to the attention of the House an error in the Division list relating to the Question - "That the amendment be agreed to ", on which occasion Mr Scalzi voted for the Ayes, but was not recorded.

The Chairman stated that the Votes and Proceedings would be corrected accordingly.

 

                                                Clause No 4 read.

        

         Mrs Redmond moved on page 2, after line 22 to insert:

      (2a) The person appointed under subsection (2) must be a Judge or former Judge of the Supreme Court of a State (other than this State).

Question – That the amendment be agreed to – put.

 

         Committee divided (No 2):

           Ayes, 16

 

           Noes, 20

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon D C Brown

Ms Breuer

Ms Chapman

Mr Caica

Hon G M Gunn

Ms Ciccarello

Mrs Hall

Hon P F Conlon

Hon R G Kerin

Mr Hanna

Hon D C Kotz

Hon S W Key

Hon I P Lewis

Mr Koutsantonis

Hon W A Matthew

Hon J D Lomax-Smith

Dr McFetridge

Ms Maywald

Mr Meier

Hon R J McEwen

Mrs Penfold

Ms Rankine

Mr Scalzi

Mr Rau

Mr Venning

Mr Snelling

(Teller) Mrs Redmond

Hon L Stevens

 

Ms Thompson

 

Hon P L White

 

Hon M J Wright

 

(Teller) Hon J W Weatherill

 

         So it passed in the negative.

 

                                                Clause otherwise amended and agreed to.

                                                   Clause No 5 amended and agreed to.

                                                   Clauses Nos 6 and 7 agreed to.

                                                   Clause No 8 read.

                                                  

         Mrs Redmond moved on page 4, after line 18 to insert:

      (2a) The Minister must, after consultation with the Commissioner, engage or appoint a suitably qualified person or persons to provide support or assistance to any person who may wish to place evidence before the Inquiry.

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

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

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

 

18      Suspension of Standing Orders

Minister for Families and Communities, 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.

 

____________

 

It being Midnight

TUESDAY 20 JULY

____________

 

19      Commission of Inquiry (Children in State Care) Bill

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

 

In Committee

        

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

                                                Clause otherwise amended and agreed to.

                                                Clause No 9 amended and agreed to.

                                                New Clause 9A inserted.

                                                Clause No 10 read.

 

         Mrs Redmond moved on page 5, after line 9 to insert:

      (1a) If the Governor allows an extension of time for the completion of the Inquiry under subsection (1), the Commissioner must nevertheless, within the period of 6 months referred to in that subsection, provide an interim report on the progress of the Inquiry.

      (1b) An interim report under subsection (1a) must at least report on allegations of sexual abuse of persons as children while in the various forms of State care other than foster care.

         Question – That the amendment be agreed to – put.

 

         Committee divided (No 3):

 

           Ayes, 15

 

           Noes, 21

Mr Brokenshire

Hon M J Atkinson

Hon D C Brown

Ms Bedford

Ms Chapman

Ms Breuer

Hon I F Evans

Mr Brindal

Hon G M Gunn

Mr Caica

Mrs Hall

Ms Ciccarello

Hon R G Kerin

Hon P F Conlon

Hon D C Kotz

Hon K O Foley

Hon I P Lewis

Mr Hanna

Hon W A Matthew

Hon S W Key

Mr Meier

Mr Koutsantonis

Mrs Penfold

Hon J D Lomax-Smith

Mr Scalzi

Ms Maywald

Mr Venning

Hon R J McEwen

(Teller) Mrs Redmond

Ms Rankine

 

Mr Rau

 

Mr Snelling

 

Hon L Stevens

 

Ms Thompson

 

Hon M J Wright

 

(Teller) Hon J W Weatherill

 

         So it passed in the negative.

 

Mr Brindal moved on page 5, line 13, to delete “12” and insert “5” in lieu thereof.

 

Mrs Redmond moved to amend the amendment by adding “within” before “12” and inserting “sitting days” after “12” and deleting “5” and inserting “on the next sitting day” in lieu thereof.

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

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

 

                                                Clause amended and agreed to.

                                                Clauses Nos 11 and 12 agreed to.

                                                New Clauses Nos 13 and 14 agreed to.

                                                Schedule No 1 read.

 

         Mrs Redmond moved on page 5, after line 37 to insert:

      prescribed criminal conduct means—

                  (a)  sexual abuse; or

                  (b)  criminal conduct which resulted in the death of, or serious injury to, a person;

         Question – That the amendment be agreed to – put.

 

         Committee divided (No 4):

 

           Ayes, 16

 

           Noes, 18

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon D C Brown

Ms Breuer

Ms Chapman

Mr Caica

Hon I F Evans

Ms Ciccarello

Hon G M Gunn

Hon P F Conlon

Mrs Hall

Hon K O Foley

Mr Hanna

Hon S W Key

Hon R G Kerin

Mr Koutsantonis

Hon I P Lewis

Hon J D Lomax-Smith

Hon W A Matthew

Ms Maywald

Mr Meier

Hon R J McEwen

Mrs Penfold

Ms Rankine

Mr Scalzi

Mr Snelling

Mr Venning

Hon L Stevens

(Teller) Mrs Redmond

Ms Thompson

 

Hon M J Wright

 

(Teller) Hon J W Weatherill

 

         So it passed in the negative.

 

         Mrs Redmond moved on page 6, lines 6 to 8, to delete subclause (2) and substitute:

      (2)  The purposes of the Inquiry are—

                  (a)  to examine and report on the allegations referred to in subclause (1); and

            (b)  to report on whether there was a failure on the part of the State to deal appropriately or adequately with matters that gave rise to the allegations referred to in subclause (1); and

            (c)  to determine and report on whether appropriate and adequate records were kept in relation to allegations of the kind referred to in subclause (1) and, if relevant, on whether any records relating to such allegations have been destroyed or otherwise disposed of; and

            (d)  to report on the adequacy of existing measures to provide assistance and support for the victims of sexual abuse (to the extent that these matters have not been addressed by the Review within the meaning of the Child Protection Review (Powers and Immunities) Act 2002).

         Question – That the amendment be agreed to – put.

 

         Committee divided (No 5):

 

           Ayes, 16

 

           Noes, 18

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon D C Brown

Ms Breuer

Ms Chapman

Mr Caica

Hon I F Evans

Ms Ciccarello

Hon G M Gunn

Hon P F Conlon

Mrs Hall

Hon K O Foley

Mr Hanna

Hon S W Key

Hon R G Kerin

Mr Koutsantonis

Hon I P Lewis

Hon J D Lomax-Smith

Hon W A Matthew

Ms Maywald

Mr Meier

Hon R J McEwen

Mrs Penfold

Ms Rankine

Mr Scalzi

Mr Snelling

Mr Venning

Hon L Stevens

(Teller) Mrs Redmond

Ms Thompson

 

Hon M J Wright

 

(Teller) Hon J W Weatherill

 

         So it passed in the negative.

 

Mrs Redmond moved on page 6, line 10, to delete “1 July 2004” and insert in lieu thereof the words “the commencement of this Act”.

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

 

                                                Schedule agreed to.

                                                Title agreed to.

 

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments.

 

Bill read a third time and passed.

 

20      Messages from the Legislative Council

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

 

         Statutes Amendment (Co-managed Parks) Bill                                       Message No 82

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Maralinga Tjarutja Land Rights Act 1984 and the National Parks and Wildlife Act 1972, with the amendment indicated by the annexed Schedule, to which amendment the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 19 July 2004                                                    R R Roberts, PRESIDENT

 

Schedule of amendments from the Legislative Council

 

Amendment No 1 —

New clauses, page 21, after line 23—

insert:

34A—Amendment of section 69—Permits

   (1)        Section 69—delete "Minister" wherever occurring and substitute:

relevant authority

   (2)        Section 69(2a)—delete "Minister's" and substitute:

relevant authority's

   (3)        Section 69—after subsection (7) insert:

   (8)        In this section—

relevant authority means—

(a)         in relation to a permit issued by, or to be issued by, a co-management board for a co-managed park constituted of Aboriginal-owned land—the co-management board for the park; or

(b)         in any other case—the Minister.

34B—Amendment of section 70A—Failure to comply with authority

Section 70A(2)—delete "or the Minister under this Act" and substitute:

, the Minister or a co-management board under this Act or other law

34C—Amendment of section 71—Duplicate

   (1)        Section 71(1)—delete "Minister" wherever occurring and substitute:

relevant authority

   (2)        Section 71—after subsection (2) insert:

   (3)        In this section—

relevant authority means—

(a)         in relation to a co-managed park constituted of Aboriginal-owned land—the co-management board for the park; or

(b)         in any other case—the Minister.

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That consideration of the amendment be an Order of the Day for tomorrow.

 

         State Procurement Bill                                                                           Message No 83

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to regulate the procurement operations of public authorities; to make a related amendment to the Gaming Machines Act 1992; to repeal the State Supply Act 1985; 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, 19 July 2004                                                    R R Roberts, PRESIDENT

 

Schedule of amendments from the Legislative Council

 

Amendment No 1

Clause 13, page 7, lines 9 and 10—

Subclause (2)—delete subclause (2) and substitute:

            (2)        A committee will consist of—

            (a)        at least one member of the Board; and

            (b)        such other persons as the Board thinks fit to appoint.

 

Amendment No 2

Clause 13, page 7, lines 15 and 16—

Subclause (4)(b)—delete paragraph (b).

 

         Ordered - That consideration of the amendment be an Order of the Day for tomorrow.

 

21      Adjournment

House adjourned at 1.16 am until today at 2.00 pm.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 21 July 2004

 

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

 

Mr Caica to move – That the Two Hundred and Eighth Report of the Public Works Committee on the Sturt Community School Redevelopment, be noted.

 

            For Thursday 22 July 2004

 

Notice of Motion: Other Motions -

 

Mr Brindal to move – That it be an instruction of this House that for the remainder of this Parliament, Standing Committees of the House of Assembly assume responsibility for their own expenditure and that upon the receipt of Committee requests under the signature of the Presiding Member of that Committee, such expenditure be approved.

 

 

____________

 

 

Present during the day - All Members except Mr O’Brien.

 

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

 

         Division No 1 -

               Ayes - Hon M R Buckby, Mr Goldsworthy, Mr Hamilton-Smith and Mr Williams.

               Noes - Mrs Geraghty, Hon J D Hill, Mr O’Brien and the Premier (Hon M D Rann).

 

         Division No 2 -

               Ayes - Hon M R Buckby, Hon I F Evans, Mr Goldsworthy, Mr Hamilton-Smith and Mr Williams.

               Noes – The Deputy Premier (Hon K O Foley), Mrs Geraghty, the Minister for Environment and Conservation (Hon J D Hill), Mr O’Brien and the Premier (Hon M D Rann).

 

         Division No 3  -

      Ayes - Hon M R Buckby, Mr Goldsworthy, Mr Hamilton-Smith, Dr McFetridge and Mr Williams.

               Noes - Mrs Geraghty, the Minister for Environment and Conservation (Hon J D Hill), Mr O’Brien, the Premier (Hon M D Rann) and the Minister for Transport (Hon P L White).

 

         Division No 4 -

      Ayes - Hon M R Buckby, Mr Goldsworthy, Mr Hamilton-Smith, Hon D C Kotz, Dr McFetridge and Mr Williams.

               Noes - Mrs Geraghty, the Minister for Environment and Conservation (Hon J D Hill), Mr O’Brien, the Premier (Hon M D Rann), Mr Rau and the Minister for Transport (Hon P L White).

 

         Division No 5 -

      Ayes - Hon M R Buckby, Mr Goldsworthy, Mr Hamilton-Smith, Hon D C Kotz, Dr McFetridge and Mr Williams.

               Noes - Mrs Geraghty, the Minister for Environment and Conservation (Hon J D Hill), Mr O’Brien, the Premier (Hon M D Rann), Mr Rau and the Minister for Transport (Hon P L White).

 

 

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY