[SOUTH AUSTRALIA]

No. 33

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY 6 MARCH 1997

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. H.P.K. Dunn) took the Chair.

                 The President read prayers.

 

Meeting of

Council.

    2.

The Attorney-General (The Hon. K. T. Griffin) tabled a copy of a letter from him to members of the Working Group into Retail Shop Leases, dated 4 March 1997.

 

Paper

Tabled.

    3.

The Attorney-General tabled a copy of a Ministerial Statement made by the Minister for Energy (The Hon. S. J. Baker, M.P.) concerning the Earthquake occurring in South Australia on Wednesday,  5 March 1997.

 

Paper

Tabled.

    4.

The Attorney-General (The Hon. K. T. Griffin) tabled a copy of a Ministerial Statement made by the Premier (The Hon. J. W. Olsen, M.P.) concerning Adelaide City Council.

 

Paper

Tabled.

   5.

The Minister for Transport (The Hon. D. V. Laidlaw), without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended until thirty minutes past three o’clock.

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

 

Suspension

of Standing

Orders.

   6.

Ordered - That Orders of the Day (Government Business) No. 1 and No. 2 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

   7.

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

 

In the Committee

 

                          Clause No. 45, which the Hon. M. J. Elliott had moved to amend on page 36, lines 23 to 28, by leaving out subclause (4) and inserting new subclauses as follow:

        “(3a)  Subject to subsection (4), the Minister must make information referred to in subsection (1)(d)  publicly available.

        (4)  Where a person has provided information of a kind to which this subsection applies (see subsection (3)(c)) under subsection (3)(b), the Minister -

(a)   must seek the consent of the person who provided the information to make it publicly available and must make it publicly available if consent is given;

(b)   must not disclose that information to another person without the consent of the person who provided it.” - further considered.

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

Water Resources

Bill.

 

                          Clause No. 45, as amended and otherwise amended, agreed to.

                          Clauses No. 46 and No. 47 agreed to.

                          Clause No. 48 read.

                 The Hon. M. J. Elliott moved on page 36, after line 5, to insert “, Division 1” after “Part 8”.

                          Clause No. 48 agreed to.

                          Clause No. 49 agreed to.

                          Clause No. 50 read.

                 The Hon. M. J. Elliott moved on page 38, line 25, to leave out “, in the opinion of the Minister,”.

                 The Minister for Transport moved on page 38, line 25, to leave out “, in the opinion of the Minister,” and insert “in the opinion of the Association”.

                 Question - That the words “, in the opinion of the Minister,” in line 25, as proposed to be struck out by the Hon. M. J. Elliott and the Minister for Transport, stand as printed - put and negatived.

                 Question - That the words proposed to be inserted by the Minister for Transport, be so inserted - put and passed.

                          Clause No. 50, as amended and otherwise amended, agreed to.

                          Clause No. 51 read.

 

 

                 The Hon. M. J. Elliott moved on page 39, after line 7, to insert new paragraphs as follow:-

(a1)  to examine and assess the state and condition of the State’s water resources; and

(a2)    on its own initiative or at the direction of the Minister to advise the Minister on any matter relating to the state and condition of the State’s water resources or the management of those resources; and”.

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

                 The Hon. M. J. Elliott moved on page 39, after line 22, to insert new paragraph as follows:

(da)  to promote public awareness of the importance of the State’s water resources and the proper management of those resources; and”.

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

                          Clause No. 51 otherwise amended and agreed to.

                 The Hon. M. J. Elliott moved on page 39, after line 31, that it be a suggestion to the House of Assembly to insert new clause as follows:

Funding of council

        51A.  The funds required by the council to carry out its functions and to perform its duties under this Act must be paid to the council by the Treasurer out of the Consolidated Account which is appropriated to the necessary extent.”

                 Question - That it be a suggestion to the House of Assembly to insert new clause No. 51A, as proposed by the Hon. M. J. Elliott - put and negatived.

                          Clauses No. 52 to No. 56 agreed to.

                          Clause No. 57 read.

 

 

                 The Hon. M. J. Elliott moved on page 41, line 33, to leave out “five members but not more than nine members” and insert “six members but not more than eight members”.

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

                          Clause No. 57 agreed to.

                          Clause No. 58 agreed to.

                          Clause No. 59 read.

                 The Hon. M. J. Elliott moved on page 42, lines 15 to 21, to leave out paragraph (b) and insert new paragraphs as follow:

(b)    one must be a person who has, in the opinion of the Minister, significant knowledge of and significant experience in the management or development of water resources or any other natural resource;

(ba)    one must be a person who has, in the opinion of the Minister, significant knowledge of and significant experience in the use of water resources;

(bb)    one must be a person who has, in the opinion of the Minister, significant knowledge of and significant experience in the conservations of ecosystems;

(bc)    one must a person who has, in the opinion of the Minister, significant knowledge of and significant experience in local government;”.

                 The Hon. T. G. Roberts moved on page 42, line 21, to leave out subclause (iv) and insert new subclause as follows:-

 

 

“(vi)    knowledge of and experience in local government or local administration gained in the catchment area of the board as a member or employee of a council or a local administrative body in an out of council area.”

                 Question - That all words in lines 15 to 20, as proposed to be struck out by the Hon. M. J. Elliott, stand as printed - put and passed.

                 Question - That the amendment moved by The Hon. T. G. Roberts be agreed to - put and passed.

                          Clause No. 59 otherwise amended and agreed to.

                          Clauses No. 60 and No. 61 agreed to.

                          Clause No. 62 amended and agreed to.

                          Clauses No. 63 to No. 67 agreed to.

                          Clause No. 68 amended and agreed to.

                          Clauses No. 69 to No. 74 agreed to.

                          Clause No. 75 amended and agreed to.

                          Clause No. 76 agreed to.

                          Clause No. 77 amended and agreed to.

                          Clauses No. 78 to No. 80 agreed to.

                          Clause No. 81 amended and agreed to.

                          Clause No. 82 agreed to.

                          Clause No. 83 read.

                 The Hon. M. J. Elliott moved on page 53, after line 14, to insert new subclause as follows:

        “(1a)  When appointing members of a committee the Minister must ensure, as far as practicable, that a majority of the members of the committee are members of the group or groups that comprise the major user or users of the committee’s water resource.”

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

                          Clause No. 83 otherwise amended and agreed to.

                          Clause No. 84 amended and agreed to.

                          Clauses No. 85 to No. 89 agreed to.

                          Clause No. 90 read.

                 The Hon. M. J. Elliott moved on page 57, after line 9, to insert new subclauses as follow:-

        ‘(3)  The Plan must -

(a)      assess the state and condition of the water resources of the State; and

(b)      identify existing and future risks of damage to, or degradation of, the water resources of the State; and

(c)      set out an order of priority for the management and monitoring of the State’s water resources; and

(d)      as far as practicable, be consistent with plans under other Acts for the management of natural resources.

        (4)  If the document “South Australia - Our Water, Our Future” referred to in subsection (1) does not meet one or more of the requirements of subsection (3), the Minister must, as soon as practicable after the commencement of this Act, amend it or substitute a new plan so that those requirements are satisfied.’

                 The Minister  for Transport moved on page 57, after line 9, to insert new subclauses as follow:-

        “(3)  The Plan must -

(a)      assess the state and condition of the water resources of the State; and

(b)      identify existing and future risks of damage to, or degradation of, the water resources of the State; and

(c)      include proposals for the use and management of the water resources of the State to achieve the object of this Act; and

(d)      include an assessment of the monitoring of changes in the state and condition of the water resources of the State and include proposals for monitoring those changes in the future.

        (4)  If the document “South Australia - Our Water, Our Future” referred to in subsection (1) does not meet one or more of the requirements of subsection (3), the Minister must, as soon as practicable after the commencement of this Act, amend it or substitute a new plan so that those requirements are satisfied.”

                 Question - That new subclauses as proposed to be inserted by the Hon. M. J. Elliott, be so inserted - put and negatived.

 

 

                 Question - That new subclauses as proposed to be inserted by the Minister for Transport, be so inserted - put and passed.

                          Clause No. 90, as amended, agreed to.

                          Clause No. 91 read.

 

 

                 The Hon. M. J. Elliott moved on page 57, after line 30, to insert new subclauses as follow:-

        “(7)  Where the Water Resources Council has made recommendations in writing to the Minister as to changes that should, in its opinion, be made to the State Water Plan, the Minister must, if he or she does not accept those recommendations in full -

(a)      provide the council with a written statement of his or her reasons for not accepting its recommendations; and

(b)      by notice published in the Gazette and in a newspaper circulating throughout the State, inform interested members of the public of the address or addresses at which the council’s recommendations and the Minister’s reasons are available for inspection and purchase.”

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

 

 

                          Clause No. 91 otherwise amended and agreed to.

                          Clause No. 92 agreed to.

                          Clause No. 93 amended and agreed to.

                          Clause No. 94 agreed to.

                          Clause No. 95 amended and agreed to

                          Clause No. 96 amended and agreed to.

                          Clause No. 97 amended and agreed to.

                          Clauses No. 98 to No. 100 agreed to.

                          Clause No. 101 amended and agreed to.

                          Clause No. 102 amended and agreed to.

                          Clause No. 103 agreed to.

                          Clause No. 104  read.

                 The Hon. M. J. Elliott moved on page 70, after line 12, to insert subclause as follows:

        “(3a)  The Minister must refuse to adopt a draft plan that includes a provision that changes the basis on which water is allocated from the resource if that provision would result in significant discrimination against a person or group affected by the plan.”

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

                          Clause No. 104 agreed to.

                          Clause No. 105 amended and agreed to.

                          Clauses No. 106 to No. 108 agreed to.

                          Clause No. 109 amended and agreed to.

                          Clauses No. 110 and No. 111 agreed to.

                          Clause No. 112 amended and agreed to.

                          Clauses No. 113 to No. 120 agreed to.

                          Clause No. 121 read.

                 The Hon. M. J. Elliott moved on page 78, after line 17, to insert new paragraphs as follow:

(ab)  identifying particular problems (if any) relating to the management of the water resource and suggesting solutions to those problems; and

(ac)    identifying the activity or activities (if any) causing or contributing to those problems and identifying the person or persons who will benefit when those problems are addressed; and”.

                 The Minister for Transport moved on page 78, after line 17, to insert new paragraph as follows:

(ab)  identifying particular problems (if any) relating to the management of the water resource and suggesting solutions to those problems; and”.

                 Question - That new paragraphs, as proposed to be inserted by the Hon. M. J. Elliott, be so inserted - put and negatived.

                 Question - That new paragraph, as proposed to be inserted by the Minister for Transport, be so inserted - put and passed.

                          Clause No. 121, as amended and otherwise amended, agreed to.

                          Clause No. 122 amended and agreed to.

                          Clauses No. 123 to No. 125 agreed to.

                          Clause No. 126 amended and agreed to.

 

 

                          Clauses No. 127 to No. 141 agreed to.

                          Clause No. 142 amended and agreed to.

                          Clauses No. 143 to No. 145 agreed to.

                          Clause No. 146 read.

                 The Hon. M. J. Elliott moved on page 99, lines 6 and 7, to leave out paragraph (a).

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

                 The Hon. M. J. Elliott moved on page 99, line 30, to leave out “or to a council or controlling authority”.

 

 

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

                          Clause No. 146 agreed to.

                          Clauses No. 147 to No. 157 agreed to.

                          Clause No. 158 amended and agreed to.

                          Schedule 1 agreed to.

                          Schedule 2 amended and agreed to.

                          Schedule 3 read.

                 The Hon. M. J. Elliott moved on page 113, after line 11, to insert new subclause as follows:

        “(14a)  The Minister must not adopt a management policy under subclause (14) that includes a provision that changes the basis on which water is allocated from the resource if that provision would result in significant discrimination against a person or group affected by the policy.”

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

                 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.

 

 

    8.

The Minister for Transport, without notice, moved - That the Standing Orders be so far suspended as to enable the sitting of the Council to be extended beyond 6.30 p.m. in order that the Business of the Day may be concluded.

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

 

Suspension

of Standing

Orders.

   9.

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

 

Water 

Resources

Bill.

 

In the Committee

 

                          Schedule 3 further considered and, as amended, agreed to.

                 The Hon. A. J. Redford moved on page 113, after line 27, to insert new schedule as follows:

SCHEDULE 4

Related Amendments to the South Eastern Water Conservation and Drainage Act 1992

1.  The South Eastern Water Conservation and Drainage Act 1992 is amended -

(a)    by striking out “eight members” from section 9 and substituting “twelve members”;

(b)    by striking out paragraph (b) of section 9 and substituting the following paragraph:

(b)    two members will be persons who reside in the South East appointed by the Governor on the nomination of the Local Government Association of South Australia; and;

(c)    by striking out “three” from paragraph (c) of section 9 and substituting “six”;

(d)    by striking out “one, being an eligible landholder” from subparagraphs (i), (ii) and (iii) of paragraph (c) of section 9 and substituting, in each case, “two, being eligible landholders”;

(e)    by striking out from subsection (2) of section 15 “Five members of the Board, of whom at least one is an elected member” and substituting “Seven members of the Board, of whom at least two are elected members”.’

 

 

 

                 Question - That new schedule 4, as proposed to be inserted by the Hon. A. J. Redford, be so inserted - put and negatived.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with amendments; whereupon the Council adopted such report.

                 The Minister for Transport, 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.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

  10.

The following Messages from the House of Assembly were received and read:

Message No. 72

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to regulate the sale, packing, importing, advertising and use of tobacco products; to recover from consumers of tobacco products an appropriate contribution towards the State’s revenues; to continue the South Australian Sports Promotion, Cultural and Health Advancement Trust and prescribe its functions and powers; to repeal the Tobacco Products Control Act 1986 and the Tobacco Products (Licensing) Act 1986; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 6 March 1997.                                                         G. M. GUNN, Speaker.

                 Bill read a first time.

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

                 On motion of the Hon. P. Holloway, the debate was adjourned until next day of sitting.

 

Messages from

House of Assembly:

Tobacco Products

Regulation Bill.

 

 

Message No. 73

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Land Acquisition Act 1969, without any amendment.

House of Assembly, 6 March 1997.                                                         G. M. GUNN, Speaker.

 

Land Acquisition

(Right of Review)

Amendment Bill.

 

 

Message No. 74

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Subordinate Legislation Act 1978, with the amendments indicated by the annexed Schedule, to which amendments the House of Assembly desires the concurrence of the Legislative Council.

House of Assembly, 6 March 1997.                                                         G. M. GUNN, Speaker.

 

Subordinate Legislation (Commencement

of Regulations) Amendment Bill.

 

Schedule of the amendments made by the House of Assembly

No. 1.       Page 1 - After line 14 insert new clause as follows:-

Substitution of s. 10AA

         2A.  Section 10AA of the principal Act is repealed and the following section is substituted:

Commencement of regulations

           10AA.  Subject to any other Act, a regulation (whether required to be laid before Parliament or not) comes into operation on the day on which it is made or on such later date as is specified in the regulation.”

No. 2.       Clause 3, page 1, lines 16 and 17 - Leave out ‘from subsection (1a) “the reasons” and substituting “detailed reasons”’ and insert “subsection (1a)”.

G. D. MITCHELL, Clerk of the House of Assembly.

                 Ordered - That the Message be taken into consideration on next day of sitting.

 

 

11.

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

 

Postponement

of Business.

12.

Ordered - That the Council, at its rising. do adjourn until Tuesday, 18 March 1997, at fifteen minutes past two o’clock p.m.

 

Next Day

of Sitting.

13.

Council adjourned at two minutes to seven o’clock until Tuesday, 18 March 1997, at fifteen minutes past two o’clock.

 

_________________________

 

Adjournment.

 

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. M. J. Elliott

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. J. C. Irwin

 

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. J.A.W. Levy

The Hon. P. Nocella

The Hon. B.S.L. Pfitzner

The Hon. C. A. Pickles

 

The Hon. A. J. Redford

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. G. Weatherill