SOUTH AUSTRALIA]

No. 53

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  1  JUNE  2004

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. R. R. Roberts) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

 

    2.

A Messenger from the Governor having been announced by Black Rod, the following Message was received and read:

Message No. 9.

                 The Governor informs the Legislative Council that, in the name and on behalf of Her Majesty The Queen, the following Act was assented to during the Third Session of the 50th Parliament, viz.:

                 No. 15 of 2004 - An Act to amend the Gaming Machines Act 1992.

Government House, Adelaide.         MARJORIE JACKSON-NELSON, Governor.

1 June 2004.

 

Message from
Governor:
Assent to Bills.

 

    3.

The following Papers were laid upon the Table, viz.:

        By the Minister for Industry, Trade and Regional Development

        (The Hon. P. Holloway) -

                 Port Access Review - Final Report.

                 Urban Water Prices in South Australia, 2004-2005 - Transparency Statement - Report.

                 Regulations under the following Acts -

                          Associations Incorporation Act 1985 - Fees.

                          Bills of Sale Act 1886 - Fees.

                          Births, Deaths and Marriages Registration Act 1996 - Fees.

                          Building Work Contractors Act 1995 - Fees.

                          Business Names Act 1996 - Fees.

                          Community Titles Act 2004 - Fees.

                          Conveyancers Act 1994 - Fees.

                          Co-operatives Act 1997 - Fees.

                          Cremation Act 2000 - Fees.

                          Criminal Law (Sentencing) Act 1988 - Fees.

                          Development Act 1993 - Fees.

                           District Court Act 1991 - Fees.

                          Environment, Resources and Development Court Act 1993 -

                                   Fees.

                                   Native Title Fees.

Papers.

 

 

                          Fees Regulation Act 1927 -

                                   Assessment of Requirements Fees.

                                   Proclaimed Managers Fees.

                                   Public Trustee Fees.

                                   Registered Agents Fees.

                          Firearms Act 1977 - Fees.

                          Goods Securities Act 1986 - Fees.

                          Harbors and Navigation Act 1993 - Fees.

                          Land Agents Act 1994 - Fees.

                          Land Tax Act 1936 - Fees.

                          Liquor Licensing Act 1997 - Fees.

                          Magistrates Court Act 1991 - Fees.

                          Motor Vehicles Act 1959 -

                                   Expiation Fees.

                                   Fees.

                          Partnership Act 1891 - Limited Partnership Fees.

                          Passenger Transport Act 1994 - Fees.

                          Petroleum Products Regulation Act 1995 - Fees.

                          Plumbers, Gas Fitters and Electricians Act 1995 - Fees.

                          Public Trustee Act 1995 - Fees.

                          Real Property Act 1886 -

                                   Fees.

                                   Land Division Fees.

                          Registration of Deeds Act 1935 - Fees.

                          Road Traffic Act 1961 -

                                   General Inspection Fees.

                                   Inspection Fees.

                                   Miscellaneous Fees.

                          Second-hand Vehicle Dealers Act 1995 - Fees.

                          Security and Investigation Agents Act 1995 - Fees.

                          Sexual Reassignment Act 1988 - Fees.

                          Sheriff’s Act 1978 - Fees.

                          Strata Titles Act 1988 - Fees.

                          Summary Offences Act 1953 - Fees.

                          Supreme Court Act 1935 -

                                   Fees.

                                   Probate Fees.

                          Tobacco Products Regulation Act 1997 - Fees.

                          Trade Measurement Administration Act 1993 - Fees.

                          Travel Agents Act 1986 - Fees.

                          Worker’s Liens Act 1893 - Fees.

                          Youth Court Act 1993 - Fees.

        By the Minister for Mineral Resources Development (The Hon. P. Holloway) -

                 Regulations under the following Acts -

                          Mines and Works Inspection Act 1920 - Fees.

                          Mining Act 1971 - Fees.

                          Opal Mining Act 1995 - Fees.

                          Petroleum Act 2000 - Fees.

        By the Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) -

                 Regulations under the following Acts -

                          Adoption Act 1988 - Fees.

                          Authorised Betting Operations Act 2000 - Fees.

                          Botanic Gardens and State Herbarium Act 1978 -

                                   Fees.

                                   Vehicles Fees.

                          Controlled Substances Act 1984 -

                                   Pesticides Fees.

                                   Poisons Fees.

                          Crown Lands Act 1929 - Fees.

                          Dangerous Substances Act 1979 - Fees.

 

 

 

                          Environment Protection Act 1993 -

                                   Beverage Container Fees.

                                   Fees and Levy.

                          Explosives Act 1936 -

                                   Fees.

                                   Fireworks Fees.

                          Freedom of Information Act 1991 - Fees and Charges.

                          Gaming Machines Act 1992 - Fees.

                          Heritage Act 1993 - Fees.

                          Historic Shipwrecks Act 1981 - Fees.

                          Housing Improvement Act 1940 - Fees.

                          Local Government Act 1999 - Fees.

                          Lottery and Gaming Act 1936 - Fees.

                          National Parks and Wildlife Act 1972 -

                                   Hunting Fees.

                                   Wildlife Fees.

                          Occupational Health, Safety and Welfare Act 1986 - Fees.

                          Pastoral Land Management and Conservation Act 1989 - Fees.

                          Private Parking Areas Act 1986 - Fees.

                          Public and Environmental Health Act 1987 - Fees.

                          Radiation Protection and Control Act 1982 - Fees.

                          Roads (Opening and Closing) Act 1991 - Fees.

                          Sewerage Act 1929 - Fees.

                          South Australian Health Commission Act 1976 -

                                   Private Hospitals Fees.

                                   Recognised Hospital Fees.

                          State Records Act 1997 - Fees.

                          Valuation of Land Act 1971 - Fees.

                          Water Resources Act 1997 - Fees.

                          Waterworks Act 1932 - Fees.

                 By-laws -

                          Corporation -

                                   City of Adelaide -

                                            No. 1 - Permits and Penalties.

                                            No. 2 - Dogs and Cats

                                            No. 3 - Local Government Land.

                                            No. 4 - Roads.

                                            No. 5 - Lodging Houses.

 

 

 

   4.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for the River Murray (The Hon. J. D. Hill, M.P.) concerning South Australia’s Projects under the National Action Plan.

 

Ministerial
Statement  Tabled.

 

   5.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

   6.

On the Order of the Day being read for the adjourned debate on the question - That the Natural Resources Management Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Bill.

 

In the Committee

 

                          Clauses No. 1 and No. 2 agreed to.

                          Clause No. 3 read.

                 The Minister for Aboriginal Affairs and Reconciliation moved on page 19, line 13, after “environmental” to insert “, social and economic”.

Natural Resources
Management Bill.

 

 

                 The Hon. C. V. Schaefer moved on page 19, lines 6 to 13, to leave out subclause (2).

                 Question - That all words in subclause (2) down to and including “environmental” stand as printed - put and passed.

                 Question - That the amendment moved by the Minister for Aboriginal Affairs and Reconciliation be agreed to - put and passed.

                          Clause No. 3, as amended and otherwise amended, agreed to.

                          Clauses No. 4 to No. 6 agreed to.

                          Clause No. 7 read.

                 The Hon. C. V. Schaefer moved on page 22, lines 8 and 9, to leave out paragraph (c).

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

                          Clause No. 7 otherwise amended and agreed to.

                          Clause No. 8 agreed to.

                          Clause No. 9 read.

                 The Hon. C. V. Schaefer moved on page 24, after line 7, to insert new subclause as follows:

“(6a)    In addition, if a person can demonstrate that he or she has acted in a manner consistent with any 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.”.

                 The Minister for Aboriginal Affairs and Reconciliation moved on page 24, after line 7, to insert new subclause as follows:

“(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.”.

                 Question - That new subclause (6a), as proposed to be inserted by the Hon. C. V. Schaefer, be so inserted - put and negatived.

                 Question - That new subclause (6a), as proposed to be inserted by the Minister for Aboriginal Affairs and Reconciliation, be so inserted - put and passed.

                          Clause No. 9, as amended, agreed to.

                          Clause No. 10 amended and agreed to.

                          Clause No. 11 agreed to.

                          Clause No. 12 amended and agreed to.

                          Clause No. 13 read.

                 The Hon. C. V. Schaefer moved on page 26, line 27, to leave out “1 must be nominated from a panel of 3” and insert “3 must be nominated from a panel of 6”.

                 To report progress and ask leave to sit again.

_____________________

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on motion.

 

 

 

    7.

Ordered - That Orders of the Day (Government Business) No. 5 to No. 7 be postponed and taken into consideration after Orders of the Day (Government Business) No. 8.

 

Postponement
of Business.

 

    8.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Pitjantjatjara Land Rights (Executive Board) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 7 agreed to.

                          Clause No. 8 read.

                 To report progress and ask leave to sit again.

_____________________

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on motion.

 

Pitjantjatjara
Land Rights
(Executive Board)
Amendment Bill.

 

   9.

At five minutes past six o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes to eight o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

  10.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Pitjantjatjara Land Rights (Executive Board) Amendment Bill.

 

In the Committee

 

                          Clause No. 8 further considered and agreed to.

                 The Hon. K. J. Reynolds moved on page 13, after line 32, to insert new clause as follows:

                       9—Insertion of section 4A

                                 After section 4 insert:

                                 4A—Expiry of Act

                                          This Act will expire on 31 December 2005.”.

                 Question - That new clause No. 9, as proposed to be inserted by the Hon. K. J. Reynolds, be so inserted - put and negatived.

                          Schedule agreed to.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report.

                 The Minister for Aboriginal Affairs and Reconciliation, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 The Minister for Aboriginal Affairs and Reconciliation then moved - That this Bill be now read a third time.

                 Debate ensued.

                 Question put.

Pitjantjatjara
Land Rights
(Executive Board)
Amendment Bill.

 

 

             Council divided:

Ayes, 14

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. P. Holloway

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

      So it was resolved in the affirmative.

 

Noes, 3

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. K. J. Reynolds (Teller)

 

 

 

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

 

  11.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Natural Resources Management Bill.

 

In the Committee

 

                          Clause No. 13, which the Hon. C. V. Schaefer had moved to amend on page 26, line 27, by leaving out “1 must be nominated from a panel of 3” and inserting “3 must be nominated from a panel of 6” - further considered.

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

                 The Hon. C. V. Schaefer moved on page 26, after line 31, to insert new subclause as follows:

Natural Resources
Management Bill.

 

 

“(2a)    A person named on a list submitted by the LGA under subsection (2)(b) must be a member of a council at the time that the list is furnished to the Minister.”.

                 Question - That the amendment be agreed to - put.

 

 

 

             Committee divided:

Ayes, 8

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. C. V. Schaefer (Teller)

 

Noes, 8

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

        And there being an equality of votes, the Chairperson gave his casting vote to the noes.

                 The Hon. S. M. Kanck moved on page 27, after line 9, to insert new paragraph as follows:

                                   “(ai)    conservation and biodiversity management;”.

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

                          Clause No. 13 otherwise amended and agreed to.

                          Clause No. 14 amended and agreed to.

                          Clauses No. 15 and No. 16 agreed to.

                          Clause No. 17 amended and agreed to.

                          Clauses No. 18 and No. 19 agreed to.

                          Clause No. 20 amended and agreed to.

                          Clause No. 21 agreed to.

                          Clause No. 22 read.

                 The Hon. C. V. Schaefer moved on page 31, after line 30, to insert new subclause as follows:

“(2a)    The initial proclamation dividing the State into NRM regions under subsection (1) must provide for at least 10 regions.”.

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

                 The Hon. C. V. Schaefer moved on page 32, after line 14, to insert new subclause as follows:

“(7)      The area of a Council must not be split between 2 or more NRM regions under this section without the written approval of the council before the split is made.”.

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

                          Clause No. 22 otherwise amended and agreed to.

                          Clauses No. 23 and No. 24 agreed to.

                          Clause No. 25 read.

                 The Hon. C. V. Schaefer moved on page 33, after line 33, to insert new subclause as follows:

“(1a)    Of those members, 3 must be nominated from a panel of 6 persons submitted by the South Australian Farmers Federation Incorporated.”.

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

                 The Hon. S. M. Kanck moved on page 34, after line 14, to insert new paragraph as follows:

“(ai)     conservation and biodiversity management;”.

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

                 The Hon. C. V. Schaefer moved on page 34, line 31, to leave out “endeavour to”.

                 Question - That the amendment be agreed to - put.

 

 

 

             Committee divided:

Ayes, 10

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. C. V. Schaefer (Teller)

So it was resolved in the affirmative.

 

Noes, 8

The Hon. G. E. Gago

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

                 The Hon. S. M. Kanck moved on page 34, line 35, after “management” to insert
“, conservation or rehabilitation”.

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

                          Clause No. 25, as amended and otherwise amended, agreed to.

                          Clause No. 26 amended and agreed to.

                          Clauses No. 27 and No. 28 agreed to.

                          Clause No. 29 amended and agreed to.

                          Clause No. 30 amended and agreed to.

                          Clause No. 31 read.

                 To report progress and ask leave to sit again.

_____________________

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on motion.

 

 

 

12.

At ten minutes to ten o’clock the sitting was suspended until the ringing of the bells.

                 At twelve minutes past ten o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

  13.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Natural Resources Management Bill.

 

In the Committee

 

                          Clause No. 31 further considered and agreed to.

                          Clause No. 32 read.

                 The Hon. C. V. Schaefer moved on page 39, line 38, to leave out “$20 000” and insert
“$5 500”.

                 The Minister for Aboriginal Affairs and Reconciliation moved on page 39, line 38, to leave out “$20 000” and insert “$10 000”.

                 Question - That the figure of “$20 000” in line 38, stand as printed - put and negatived.

                 Question - That the figure of “$5 500” proposed to be inserted by the Hon. C. V. Schaefer, be so inserted - put and negatived.

                 Question - That the figure of “$10 000” proposed to be inserted by the Minister for Aboriginal Affairs and Reconciliation, be so inserted - put and passed.

                          Clause No. 32, as amended, agreed to.

                          Clauses No. 33 to No. 37 agreed to.

                          Clause No. 38 amended and agreed to.

                          Clauses No. 39 to No. 42 agreed to.

                          Clause No. 43 amended and agreed to.

                          Clause No. 44 agreed to.

                          Clause No. 45 read.

                 The Hon. C. V. Schaefer moved on page 46, lines 21 and 22, to leave out subclause (1) and insert new subclause as follows:

“(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.”.

                 To report progress and ask leave to sit again.

_____________________

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on next day of sitting.

 

Natural Resources
Management Bill.

 

14.

The following Message from the House of Assembly was received and read -

Message No. 80

                 MR. PRESIDENT - The House of Assembly informs the Legislative Council that it has appointed Mr. Venning to the Joint Parliamentary Service Committee in place of Mr. Williams, resigned, and appointed the Hon. G. M. Gunn to be the alternate Member to Mr. Venning.

House of Assembly, 31 May 2004.                                                      I. P. LEWIS, Speaker.

 

Message from
House of Assembly:
Joint Parliamentary
Service Committee.

 

 

15.

Ordered - That all remaining Orders of the Day (Government Business) be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

16.

Council adjourned at twenty-four minutes to eleven o’clock until tomorrow at fifteen minutes past two o’clock.

 

Adjournment.

 

 

_________________________

 

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

 

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. P. Holloway

 

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

 

The Hon. T. G. Roberts

 The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. N. Xenophon