No 87

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 24 NOVEMBER 2005

 

 

1       Meeting of House

         The House met pursuant to adjournment. The Speaker (Hon R B Such) took the Chair and read prayers.

 

2       Brownhill and Keswick Creeks Flood Mitigation - Motion re

Mr Hamilton-Smith, pursuant to notice, moved - That this House

(a)           condemns the Government on its failure to deliver the Flood Mitigation Study for the Brownhill and Keswick Creeks in 2005 as promised;

(b)           notes that the Study will unlikely be completed until after the next State Election in March 2006;

(c)           expresses its alarm that only $4M per annum has been provided for flood mitigation and that the tens of millions of dollars required to protect the city of Adelaide is not provided for in the Government's Budget Papers or Infrastructure Plan; and

(d)           calls on the Government to show leadership on flood mitigation plans and reverse its decision to refer the matter back to local council's.

         Debate ensued.

         Question put.

 

         House divided (No 1):

 

           Ayes, 16

 

           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

Mr Hanna

Hon D C Kotz

Hon J D Hill

Hon I P Lewis

Hon S W Key

Hon W A Matthew

Mr Koutsantonis

Mr Meier

Hon J D Lomax-Smith

Mrs Penfold

Hon K A Maywald

Mrs Redmond

Hon R J McEwen

Mr Scalzi

Mr O'Brien

Mr Williams

Ms Rankine

Mr Hamilton-Smith (Teller)

Mr Rau

 

Mr Snelling

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Mrs Geraghty (Teller)

 

         So it passed in the negative.

 

3       Message from the Legislative Council

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

 

 

         Cape Jaffa Lighthouse Platform (Civil Liability) Bill                               Message No 113

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to protect the owner of the Cape Jaffa lighthouse platform from civil liability, without amendment.

         Legislative Council, 23 November 2005                                            R R Roberts, PRESIDENT

 

4       Postponement of business

Ordered - That Notice of Motion: Other Motions No 2 be postponed and taken into consideration after Notice of Motion: Other Motions No 8.

 

5       Postponement of business

Ordered, severally - That Notices of Motion: Other Motions Nos 3 to 6 be postponed and taken into consideration after Notice of Motion: Other Motions No 7.

 

6       Corella Culling - Motion re

Hon G M Gunn, pursuant to notice, moved - That this House notes the serious problems caused by corellas in the Flinders Ranges District Council area and calls on the State Government to introduce a culling program to drastically reduce the number of corellas in this region.

Ms Breuer moved to amend the motion by deleting all words after “area” and insert in lieu thereof “and notes that the State Government is working with the community to develop a local action plan to reduce the number of corellas in this region.  It is expected that this plan will include the continuation of trapping and gassing trials.”

         Debate ensued.

         Question – That the amendment be agreed to.

 

         House divided (No 2):

 

           Ayes, 20

           Noes, 18

 

Hon M J Atkinson

Mr Brindal

Ms Bedford

Hon D C Brown

Mr Caica

Hon M R Buckby

Ms Ciccarello

Ms Chapman

Hon P F Conlon

Hon I F Evans

Mrs Geraghty

Mr Goldsworthy

Hon J D Hill

Mrs Hall

Hon S W Key

Mr Hamilton-Smith

Mr Koutsantonis

Mr Hanna

Hon J D Lomax-Smith

Hon D C Kotz

Hon K A Maywald

Hon I P Lewis

Hon R J McEwen

Hon W A Matthew

Mr O'Brien

Mr Meier

Ms Rankine

Mrs Penfold

Mr Rau

Mrs Redmond

Mr Snelling

Mr Scalzi

Ms Thompson

Mr Williams

Hon J W Weatherill

Hon G M Gunn (Teller)

Hon P L White

 

Ms Breuer (Teller)

 

 

         So it was resolved in the affirmative.

 

Question – That the motion as amended be agreed to – put.

 

 

 

 

 

 

 

 

 

 

 

 

 

         House divided (No 3):

 

           Ayes, 36

           Noes, 2

 

Hon M J Atkinson

Mr Hanna

Ms Bedford

Hon I P Lewis (Teller)

Mr Brindal

 

Hon D C Brown

 

Hon M R Buckby

 

Mr Caica

 

Ms Chapman

 

Ms Ciccarello

 

Hon P F Conlon

 

Hon I F Evans

 

Mrs Geraghty

 

Mr Goldsworthy

 

Hon G M Gunn

 

Mrs Hall

 

Mr Hamilton-Smith

 

Hon J D Hill

 

Hon S W Key

 

Hon D C Kotz

 

Mr Koutsantonis

 

Hon J D Lomax-Smith

 

Hon W A Matthew

 

Hon K A Maywald

 

Hon R J McEwen

 

Mr Meier

 

Mr O'Brien

 

Mrs Penfold

 

Ms Rankine

 

Mr Rau

 

Mrs Redmond

 

Mr Scalzi

 

Mr Snelling

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Mr Williams

 

Ms Breuer (Teller)

 

 

         So it was resolved in the affirmative.

 

7       Petitions Nos 128 and 129

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

 

128 Ms Bedford, from 249 residents of South Australia, requesting the House to investigate all reasonable means of urgently improving the safety of the roundabout located adjacent to the Tea Tree Plaza and Modbury Public Hospital, particularly, the installation of traffic lights.

 

129 Mr Scalzi, from 19 residents of South Australia, requesting the House to urge the Government to reject the recommendation of the Independent Supermarkets Council for an easing of restrictions on retail outlets which can sell beer, wine and spirits.

 

8       Answers to questions

Answers to questions on the Notice Paper Nos 219, 552, 561 and 593 and a question without notice were tabled by the Speaker.

 

9       Papers

         The following Papers were tabled:

 

By the Speaker pursuant to Section 131 of the Local Government Act 1999 the following 2004-2005 annual reports:

                        Copper Coast, District Council of  

                        Onkaparinga, City of

 

By the Minister for Transport (Hon P F Conlon) –

      Country Fire Service, South Australian – Report 2004-2005

      Metropolitan Fire Service, South Australian – Report 2004 – 2005

      State Emergency Service – Report 2004 - 2005

 

By the Attorney General (Hon M J Atkinson) -

      Timothy Daniel Bourne - Statutory Declaration

 

By the Minister for Health (Hon J D Hill) –

            Balaklava & Riverton Districts Health Service Inc. – Report 2004-2005

            Barossa Area Health Services Inc – Report 2004-2005

      Booleroo Centre District Hospital and Health Services – Report 2004-2005

      Bordertown Memorial Hospital Inc – Report 2004-2005

            Central Yorke Peninsula Hospital Inc.– Report 2004-2005

      Crystal Brook District Hospital Inc – Report 2004-2005

            Eastern Eyre Health & Aged Care Inc – Report 2004-2005

            Eudunda & Kapunda Health Service Inc – Report 2004-2005

            Eyre Regional Health Service – Report 2004-2005

            Gawler Health Service – Report 2004-2005 

            Hawker Memorial Hospital Inc – Report 2004-2005

      Health, Department of (previously Human Services) – Report 2004-2005

            Hills Mallee Southern Regional Health Service Inc – Report 2004-2005

      Jamestown Hospital and Health Service– Report 2004-2005

            Kangaroo Island Health Service – Report 2004-2005

      Kingston Soldiers' Memorial Hospital Inc – Report 2004-2005

            Leigh Creek Health Service Inc – Report 2004-2005

      Lower Eyre Health Services – Report 2004-2005

            Lower North Health – Report 2004-2005

      Loxton Hospital Complex Inc – Report 2004-2005

      Mannum District Hospital Inc. – Report 2004-2005

      Meningie & Districts Memorial Hospital & Health Services Inc. – Report 2004-2005

            Mid-West Health & Aged Care Inc. and Mid-West Health – Report 2004-2005

            Millicent and District Hospital and Health Services Inc– Report 2004-2005

            Mount Gambier and Districts Health Service Inc. – Report 2004-2005

      Murray Bridge Soldiers’ Memorial Hospital – Report 2004-2005

            Northern Adelaide Hills Health Service Inc – Report 2004-2005

            Northern Yorke Peninsula Health Service – Report 2004-2005

      Orroroo and District Health Service Inc – Report 2004-2005

            Penola War Memorial Hospital Inc – Report 2004-2005        

            Peterborough Soldiers Memorial Hospital and Health Service Inc– Report 2004-2005

            Port Pirie Regional Health Service Inc         – Report 2004-2005

            Quorn Health Services Inc. – Report 2004-2005

      Rocky River Health Service Inc – Report 2004-2005

            Riverland Health Authority Inc. – Report 2004-2005

            South Coast District Hospital Inc – Report 2004-2005

      South Eastern Regional Health Service Inc – Report 2004-2005

            Southern Yorke Peninsula Health Service Inc.         – Report 2004-2005

      Tailem Bend District Hospital   – Report 2004-2005

      Whyalla Hospital and Health service Inc – Report 2004-2005

            Wakefield Health – Report 2004-2005

 

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

      Arid Areas Catchment Water Management Board – Report 2004-2005

      Clare Valley Water Resources Planning Committee – Report 2004-2005

      Eyre Peninsula Catchment Water Management Board – Report 2004-2005

      Northern Adelaide and Barossa Catchment Water Management Board – Report 2004-2005

      Onkaparinga Catchment Water Management Board – Report 2004-2005

      Pastoral Board of South Australia – Report 2004-2005

      Patawalonga Catchment Water Management Board – Report 2004-2005

      South Australian - Victorian Border Groundwaters Agreement Review Committee – Report 2004-2005

      South East Water Catchment Management Board – Report 2004-2005

      South Eastern Water Conservation and Drainage Board – Report 2004-2005

      Torrens Catchment Water Management Board – Report 2004-2005

      Water Well Drilling Committee – Report 2004-2005

 

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

      Education Adelaide – Report 2004-2005

 

By the Minister for Administrative Services (Hon M J Wright) –

      Department for Administrative and Information Services – Report 2004-2005

 

By the Minister for the River Murray (Hon K A Maywald) –

      Save the River Murray Fund – Report 2004-2005.

 

10      Select Committee on Nurse Training and Education

Ms Thompson brought up the Report (Paper No 239), together with the Minutes of Proceedings and Evidence of the Select Committee on Nurse Training and Education.

Report and Minutes of Proceedings received.

 

11      Legislative Review Committee - Report – Thirty First  

Mr Hanna brought up the Thirty First Report of the Committee.

Report received.

 

12      Questions

Questions without notice were asked.

 

         Member named

The Speaker named the Member for Hartley (Mr Scalzi), for refusing to accept the authority of the Chair.

The Member made an apology which was accepted by the Chair.

 

         Questions

Questions without notice (interrupted by the foregoing) resumed.

 

13      Grievance debate

On motion of the Speaker, the House noted grievances.

 

14      Postponement of business

Ordered - That Notice of Motion: Government Business No 1 be postponed until Monday 28 November.

 

15      Postponement of business

Ordered - That Order of the Day: Government Business No 1 be postponed and taken into consideration after Order of the Day: Government Business No 2.

 

16      Statutes Amendment (Relationships No 2) Bill

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

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

         Ordered, on motion of Ms Chapman, that the debate be adjourned until Monday 28 November.

 

17      Statutes Amendment (Criminal Procedure) Bill

         Order of the Day read for the further consideration in Committee of this Bill.

 

In Committee

Clause No 2 further considered and agreed to.

Clauses Nos 3 to 14 agreed to.

Title agreed to.

 

____________

 

         The House having resumed:

Mr Snelling 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.

 

18      Message from the Legislative Council

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

 

         Adelaide Park Lands Bill                                                                        Message No 114

MR SPEAKER - The Legislative Council passed the Bill transmitted herewith, titled an Act to establish a legislative framework that promotes the special status, attributes and character of the Adelaide Park Lands; to provide for the protection of those park lands and for their management as a world-class asset to be preserved as an urban park for the benefit of present and future generations; to amend the City of Adelaide Act 1998, the Development Act 1993, the Highways Act 1926, the Local Government Act 1934, the Local Government Act 1999, the National Wine Centre (Restructuring and Leasing Arrangements) Act 2002, the Roads (Opening and Closing) Act 1991, the South Australian Motor Sport Act 1984 and the Waterworks Act 1932; and for other purposes, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 24 November 2005                                            R R Roberts, PRESIDENT

 

         Bill read a first time.

 

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

Ordered, on motion of Mr Goldsworthy, that the debate be adjourned until Monday 28 November.

 

19      Development (Miscellaneous) Amendment Bill

         Order of the Day read for the further consideration in Committee of this Bill.

 

In Committee

Clause No 2 further considered and agreed to.

Clause No 3 agreed to.

New Clause No 3A inserted.

Clauses Nos 4 to 7 agreed to.

New Clause No 7A inserted.

 

The Minister for Education and Children’s Services moved to insert a new clause as follows -

7B—Insertion of section 25A

After section 25 insert:

25A—Heritage matters—council amendments

(1)      Section 25 operates subject to the requirements of this section.

(2)      If a council is considering an amendment to a Development Plan that may involve the designation of a place as a place of local heritage value then—

(a)      the council must—

(i)     before it finalises its Plan Amendment Report under section 25(3) and (4), engage a person who is recognised by the South Australian Heritage Council as being appropriately qualified for the purpose to undertake a heritage survey; and

(ii)    subject to subsection (3), adopt the advice of that person as to whether or not a particular place should be listed as a place of local heritage value in the Development Plan and proceed to prepare any relevant draft amendment as expeditiously as possible (subject to the operation of section 25 and this section),

(although any advice as to the policies that should apply under the Development Plan in relation to such a place will be provided by the person who is providing advice to the council under section 25(3)); and

(b)      subject to any exemption under subsection (10), the council must, before it releases a Plan Amendment Report that proposes the designation of a place as a place of local heritage value for public consultation under section 25, apply to the Minister for a declaration under section 28 so that the amendment may come into operation on an interim basis under that section (and, if the Plan Amendment Report has been divided into parts under section 25(9), then only the part that relates to local heritage will be subject to this requirement).

(3)         If—

(a)      the person who has undertaken a heritage survey under subsection (2)(a) has advised the council that a particular place should be listed as a place of local heritage value; but

(b)      the council believes that that place should not be so listed,

the council may, with the agreement of the Minister, release the Plan Amendment Report for public consultation without that place being listed as a place of local heritage value.

(4)       If a particular place is not listed in a proposed amendment to a Development Plan by virtue of the operation of subsection (3), the council must include a note on the matter (in accordance with any prescribed requirement) in the relevant Plan Amendment Report that is released for public consultation.

(5)       Subject to the operation of subsection (3), a council must release for public consultation as expeditiously as possible any proposed amendment to a Development Plan that designates a place as a place of local heritage value.

(6)       If a proposed amendment to a Development Plan under section 25 (after taking into account any step that has been taken under subsection (3) of this section) designates a place—

(a)      as a place of local heritage value; or

(b)      as a place within a local heritage zone or policy area, or within any other prescribed kind of zone or policy area, that should be subject to additional heritage-related policies because of its contribution (or potential contribution) to the character of the zone or area,

the council must, at the time when the relevant Plan Amendment Report is released for public consultation, give each owner of land constituting the place so designated a written notice—

(c)      informing the owner of the proposed amendment; and

(d)      inviting the owner to make submissions on the amendment to the council within the period provided for public consultation under section 25.

(7)       If the effect of a proposed amendment to a Development Plan under section 25 is that a place would cease to be designated as a place of local heritage value, the council must also give each owner of the relevant land a written notice that complies with the requirements of subsection (6).

(8)       If an owner of land notified under  subsection (6) or (7) objects to the relevant amendment within the period provided for public consultation, the Minister may, after receiving the relevant report of the council under section 25(13)(a), refer the matter to the Advisory Committee for advice and report.

(9)       If the Minister takes action under subsection (8), the owner of the land must be given a reasonable opportunity to make submissions to the Advisory Committee (in such manner as the Advisory Committee thinks fit) in relation to the matter before the Advisory Committee reports back to the Minister.

(10)      The Minister may exempt a council from the requirement to comply with subsection (2)(b).

(11)      To avoid doubt, if a council fails to comply with subsection (2)(b) (and the Minister has not granted an exemption), the Minister may proceed to make a declaration under section 28 in any event.

 

Amendment to amendment

Hon I F Evans moved to amend proposed new Clause No 7B as follows –

Delete section 25A (2) (a) subparagraph (i) and substitute:

(i) before it finalises its Plan Amendment Report under section 25(3) and (4), consider any formal advice obtained from a person who is recognised by the South Australian Heritage Council as being appropriately qualified for the purpose who has been engaged by the council to undertake a heritage survey (if the council has determined to engage such a person); and

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Mr Snelling 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.

 

20      Extension of time for adjournment

The Minister for Education and Children’s Services, moved - That the time for moving the adjournment of the House be extended beyond 5.00 pm.

Question put.

 

         Division, only one Noe

The House proceeded to a division, but only one Member appearing on the side of the Noes, the Speaker declared the Ayes had it.

So it was resolved in the affirmative.

 

21      Development (Miscellaneous) Amendment Bill

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

 

In Committee

Hon I F Evans’ amendment to proposed new clause No 7B further considered.

Question – That the amendment be agreed to – put.

 

         Committee divided (No 4):

 

           Ayes, 18

 

           Noes, 22

Mr Brindal

Hon M J Atkinson

Hon D C Brown

Ms Bedford

Hon M R Buckby

Ms Breuer

Ms Chapman

Mr Caica

Mr Goldsworthy

Ms Ciccarello

Hon G M Gunn

Hon P F Conlon

Mrs Hall

Hon K O Foley

Mr Hamilton-Smith

Mrs Geraghty

Hon R G Kerin

Mr Hanna

Hon D C Kotz

Hon J D Hill

Hon I P Lewis

Hon S W Key

Hon W A Matthew

Mr Koutsantonis

Dr McFetridge

Hon K A Maywald

Mr Meier

Mr O'Brien

Mrs Redmond

Ms Rankine

Mr Scalzi

Hon M D Rann

Mr Williams

Mr Rau

Hon I F Evans (Teller)

Hon R B Such

 

Ms Thompson

 

Hon J W Weatherill

 

Hon P L White

 

Hon J D Lomax-Smith (Teller)

 

         So it passed in the negative.

 

Question – That new clause No 7B be inserted – put and passed.

New Clauses Nos 7C to 7E inserted.

Clauses Nos 8 to 11 agreed to.

Clause No 12 read.

 

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Mr Snelling 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 Monday 28 November.

 

22      Messages from the Legislative Council

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

 

         Mile End Underpass Bill                                                              Message No 115

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for the construction of an underpass to replace the Bakewell Bridge at Mile End; to repeal the Mile End Overway Bridge Act 1925; and for other purposes, without any amendment.

         Legislative Council, 24 November 2005                                            R R Roberts, PRESIDENT

 

         Victoria Square Bill                                                                    Message No 116

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for the construction and operation of a tramline in Victoria Square; to provide for the designation of certain land within Victoria Square as park land; to make a related amendment to the Passenger Transport Act 1994; and for other purposes, without any amendment.

         Legislative Council, 24 November 2005                                            R R Roberts, PRESIDENT

 

23      Adjournment

House adjourned at 5.59 pm until Monday 28 November at 2.00 pm.

 

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 30 November 2005 

 

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

 

Ms Thompson to move That the Report of the Select Committee on Nursing Education and Training, be noted.

 

____________

 

 

Present during the day - All Members except the Minister Assisting the Premier in Social Inclusion (Hon L Stevens) and Mr Venning.

 

 

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

 

         Division No 1 -

               Ayes – The Leader of the Opposition (Hon R G Kerin), Dr McFetridge, Mr Goldsworthy and Mr Venning.

               Noes – The Premier (Hon M D Rann), the Deputy Premier (Hon K O Foley), the Minister Assisting the Premier in Social Inclusion (Hon L Stevens) and the Minister for Administrative Services (Hon M J Wright).

 

 

         Division No 2 -

               Ayes - The Premier, the Deputy Premier, the Minister Assisting the Premier in Social Inclusion and the Minister for Administrative Services.

               Noes - The Leader of the Opposition, Dr McFetridge, Mr Brokenshire and Mr Venning.

 

 

         Division No 4  -

               Ayes - Mr Brokenshire, Mrs Penfold and Mr Venning.

               Noes – The Minister for Agriculture, Food and Fisheries (Hon R J McEwen), the Minister Assisting the Premier in Social Inclusion and the Minister for Administrative Services.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                        Hon R B Such

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY