No 66

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 30 APRIL 2003

 

 

1       Meeting of House

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

 

2       Petition No 106

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

 

106 Mrs Penfold, from 222 residents of the Town of Kimba and District Council of Le Hunte, requesting the House to urge the Government to provide a financial concession scheme in future Budgets to assist pensioners with electricity and gas charges.

 

3       Answer to question

An answer to a question without notice was tabled by the Speaker.

 

4       Speaker's Statement – Northern Territory Parliament Regional Meeting

The Speaker made a statement concerning his attendance at a sitting of the Northern Territory Legislative Assembly in Alice Springs which necessitated his absence from the House yesterday.

 

5       Paper

         The following Paper was tabled:

 

By the Minister for Environment and Conservation (Hon J D Hill) -

Assessment of Barcoo Outlet – Prediction and Analysis of Spills.

 

6       Legislative Review Committee - Reports – Twenty Third and Twenty Fourth

 

Twenty Third Report

Mr Hanna brought up the Twenty Third Report of the Legislative Review Committee.

Report received and read as follows:

 

The Regulations listed hereunder are at present being considered by the Legislative Review Committee. Evidence is being taken on these matters and it is necessary for Notices of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days to allow the Committee time to complete its deliberations.

 

Honourable Members are warned that after further consideration has been given to the Regulations, the Committee may decide to take no further action.

 

Regulations referred to:

Listening and Surveillance Devices Act 1972 – Records, Warrants

Criminal Injuries Compensation Act 1978 – Scale of Costs

Victims of Crime Act 2001 – Application, Costs, Levy

Liquor Licensing Act – Long Term Dry Areas – Coober Pedy

Mines and Works Inspection Act 1920 – Approval of Activities

Fisheries Act 1982 – General - Pilchard

District Council of Coober Pedy - By-law No 3 – Local Government Land

District Council of Coober Pedy - By-law No 4 – Road

City of Mount Gambier – General By-law.

 

Twenty Fourth Report

Mr Hanna brought up the Twenty Fourth Report of the Committee.

Report received.

 

7       Questions

Questions without notice were asked.

 

8       Speaker's Statement – Publishing Committee - Tabling of Papers

The Speaker made a statement about the timeliness of papers being presented to the House and acknowledged the responsibility of the Publishing Committee pursuant to Standing Order 355 to report annually on whatever papers have not been presented to the House as required by any Act of Parliament.

 

9       Grievance debate

On motion of the Speaker, the House noted grievances.

 

10      Postponement of business

Ordered, separately and severally - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 1 to 14 be postponed until Wednesday 14 May.

 

11      Public Works Committee – Report – Flinders Medical Centre Mental Health Capital Project - Motion to note

Mr Caica, pursuant to notice, movedThat the One Hundred and Eighty Seventh Report of the Public Works Committee on the Flinders Medical Centre Mental Health Capital Project be noted.

         Debate ensued.

         Question put and passed.

 

12      Stamp Duties (Equal Entitlements for Same Sex Partners) Amendment Bill

Mr Hanna, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Stamp Duties Act 1923.

Question put and passed.

         Bill presented and read a first time.

 

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

         Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Wednesday 14 May.

 

13      Wind Farms – Reference to Environment, Resources and Development Committee - Motion re

Order of the Day read for the adjourned debate on the motion of Mr Venning – That this House calls on the Environment, Resources and Development Committee to examine and make recommendations on the economic, environmental and planning aspects of Wind Farms in South Australia, with particular reference to -

(a)           the leadership role of Government in a strategic approach to the management and overall development of the Industry;

(b)           the effectiveness of existing institutions, Government agencies and their inter-relationships in delivering best practice to the Wind Energy Industry in South Australia;

(c)           addressing community concerns;

(d)           defining the links with a State Greenhouse Strategy;

(e)           examining the extent of their ability to meet the Commonwealth Mandatory Renewable Energy Target;

(f)             determining the appropriateness of setting State based renewable energy targets for South Australia;

(g)           maximising economic and environmental outcomes for South Australia;

(h)           evaluating the effectiveness of commercial generating machinery currently available; and

(i)             any other relevant matter.

Debate resumed.

Ordered, on motion of Mrs Geraghty, that the debate be further adjourned until Wednesday 14 May.

 

14      Postponement of business

Ordered, separately - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 2 to 4 be postponed until Wednesday 14 May.

 

15      Select Committee on Bushfire Prevention, Planning and Management - Motion re

Order of the Day read for the adjourned debate on the motion of Mr Brokenshire - That this House establish a Select Committee to inquire into and report upon bushfire prevention, planning and management issues between Government and non-Government agencies, and in particular -

(a)           current policies, practices and support for community education, awareness and planning to prevent bushfires on properties, and whether existing powers need to be strengthened to ensure that people who are not prepared to clean up their properties can be forced to do so by the relevant authorities;

(b)           current policies on bushfire prevention, cold burns and fire breaks on land under the control of the State Government and especially National Parks and Conservation Parks, whether those policies are being effectively implemented and whether there should be a broadening of mosaic burns in National Parks;

(c)           planning controls of Local Governments across the State, whether Councils have suitable planning and policy controls for bushfire prevention and whether or not there should be a recommendation for common planning and bushfire prevention controls across Local Government;

(d)           the role and responsibilities for bushfire prevention between Local and State Government agencies;

(e)           whether the Country Fires Act 1989 needs to be strengthened to give the Country Fire Service more control over enforcing bushfire prevention;

(f)             evaluation of recent programs, namely, bushfire blitz, and community safety  and education programs to see which has the best effect on bushfire  prevention and planning for a community and whether that program should be extended beyond the Adelaide Hills and Fleurieu Peninsula to cover other rural  areas;

(g)           current and future methods of advising the community of the issues  around fires, once they have started in their area;

(h)           the provisions of the Native Vegetation Act 1991 to assess hazard reduction and fire breaks; and

(i)             the current and future funding requirements for the Country Fire Service.

         Debate resumed.

Ordered, on motion of Mrs Geraghty, that the debate be further adjourned until Wednesday 14 May.

 

16      Postponement of business

Ordered, separately - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 6 to 10 be postponed until Wednesday 14 May.

 

17      Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 11 be postponed and taken into consideration after Order of the Day: Private Members Bills/Committees/Regulations No 19.

 

18      Postponement of business

Ordered, separately - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 12 to 19 be postponed until Wednesday 14 May.

 

19      Parliamentary Committees (Functions of Economic and Finance Committee) Amendment Bill

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

Debate resumed.

Ordered, on motion of Mr Meier, that the debate be further adjourned until Wednesday 14 May.

 

20      Discharge of Business – Waterworks (Council Roadwork) Amendment Bill

Order of the Day: Private Members Bills/ Committees/ Regulations No 20 read.

Ordered, on motion of the Minister for Trade and Regional Development (Hon R J McEwen) – That this Order of the Day be discharged.

 

21      Postponement of business

Ordered, separately - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 21 to 23 be postponed until Wednesday 14 May.

 

22      Landowners Protection (Recreational Use of Land) 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 Meier, that the debate be further adjourned until Wednesday 14 May.

 

23      Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 25 be postponed until Wednesday 14 May.

 

24      Transfer Land to Aboriginal Lands Trust - Motion re

The Minister for Transport (Hon M J Wright), pursuant to notice, moved - That this House, pursuant to section 16(1) of the Aboriginal  Lands Trust Act 1966, recommends that Allotment 21 in the plan deposited in the Lands Titles Registration Office No. DP  58704 (being a portion of the land comprised in Crown Record Volume 5407 Folio 6151) be transferred to the Aboriginal Lands Trust (subject to an easement to the South Australian Water Corporation marked A in the deposited plan and to an easement to ETSA Transmission Corporation marked B in the deposited plan).

         Ordered, on motion of Hon W A Matthew, that the debate be adjourned until tomorrow.

 

25      Statutes Amendment (Mining) Bill

         Order of the Day read for the second reading of this Bill.

The Minister for Tourism (Hon J D Lomax-Smith) moved - That this Bill be now read a second time.

         Ordered, on motion of Hon W A Matthew, that the debate be adjourned until tomorrow.

 

26      Statutes Amendment (Gas and Electricity) Bill

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

Ordered, on motion of the Minister for Government Enterprises (Hon P F Conlon), that the debate be further adjourned and resumed on motion.

 

27      Paper

         The following Paper was tabled:

 

By the Minister for Tourism

Ministerial Statement – Fruit Fly Outbreak.

 

28      Statutes Amendment (Gas and Electricity) Bill

Ordered - That the adjourned debate on the question - That this Bill be now read a second time - be now resumed.

Debate resumed.

         Question put and passed.

 

         Bill read a second time.

 

In Committee

Clauses Nos 1 to 78 agreed to.

Title agreed to.

 

____________

 

         The House having resumed:

Ms Thompson reported that the Committee had considered the Bill referred to it and had agreed to the same without amendment.

 

Bill read a third time and passed.

 

29      Adjournment

The Minister for Government Enterprises, moved - That the House do now adjourn.

Debate ensued.

Question put and passed.

House adjourned at 9.08 pm until tomorrow at 10.30 am.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Thursday 1 May 2003

 

Notice of Motion: Other Motions -

 

Mr Venning to move –  That this House calls on the Government of South Australia to examine the feasibility of adopting random drug testing of drivers and if feasible, to implement such testing in conjunction with random breath testing for excessive alcohol consumption.

 

            For Wednesday 14 May 2003

 

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

 

Hon I F Evans to move – That he have leave to introduce a Bill for an Act to amend the Land Agents Act 1994.

 

Mr Hanna to move – That the Regulations under the Listening and Surveillance Devices Act 1972 entitled Records and Warrants, made on 12 December 2002 and laid on the table of this House on 18 February 2003, be disallowed.

 

Mr Hanna to move – That the Regulations under the Liquor Licensing Act 1997 entitled Dry Areas – Coober Pedy, made on 16 January 2003 and laid on the table of this House on 18 February 2003, be disallowed.

 

Mr Hanna to move – That the Regulations under the Mines and Works Inspection Act 1920 entitled Approval of Activities, made on 16 January 2003 and laid on the table of this House on 18 February 2003, be disallowed.

 

Mr Hanna to move – That the Regulations under the Fisheries Act 1982 entitled Pilchard, made on 23 January 2003 and laid on the table of this House on 18 February 2003, be disallowed.

 

Mr Hanna to move – That the Regulations under the Criminal Injuries Compensation Act 1978 entitled Scale of Costs, made on 12 December 2002 and laid on the table of this House on 18 February 2003, be disallowed.

 

Mr Hanna to move – That the Regulations under the Victims of Crime Act 2001 entitled Application Costs and Levy, made on 19 December 2002 and laid on the table of this House on 18 February 2003, be disallowed.

 

Mr Hanna to move – That General By-laws for the City of Mount Gambier made on 21 January 2003 under the Local Government Act 1999 and laid on the table of this House on 18 February 2003, be disallowed.

 

Mr Hanna to move – That By-law No 3 entitled Land for the District Council of  Coober Pedy made on 16 December 2002 under the Local Government Act 1999 and laid on the table of this House on 18 February 2003, be disallowed.

 

Mr Hanna to move – That By-law No 4 entitled Roads for the District Council of  Coober Pedy made on 16 December 2002 under the Local Government Act 1999 and laid on the table of this House on 18 February 2003, be disallowed.

 

            For Thursday 15 May 2003

 

Notice of Motion: Other Motions -

 

Mr Brokenshire to move – That this House requests the Government to increase funding to Surf Life Saving SA by $150,000 per annum from the windfall increase in the Gaming Supertax.

 

____________

 

 

Present during the day - All Members.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY