[SOUTH AUSTRALIA]

No. 40

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  10  JUNE  1999

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. J. C. Irwin) took the Chair.

                 The President read prayers.

 

Meeting of

Council.

 

   2.

The Attorney-General (The Hon. K. T. Griffin), by leave, without notice, moved - That the sitting of the Council be not suspended during the continuation of the Conference on the Listening Devices (Miscellaneous) Amendment Bill.

                 Question put and passed.

 

Listening Devices (Miscellaneous) Amendment Bill.

 

   3.

The Treasurer (The Hon. R. I. Lucas), without notice, moved - That the Standing Orders be so far suspended as to enable Petitions, the Tabling of Papers, Question Time and Statements on Matters of Interest to be taken into consideration at fifteen minutes past two 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.

   4.

Ordered - That Notices of Motion and Orders of the Day (Private Business) and Orders of the Day (Government Business) No. 1 and No. 2 be postponed and taken into consideration after Order of the Day (Government Business) No. 3.

 

Postponement

of Business.

 

    5.

 

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Electricity Corporations (Restructuring and Disposal) Bill.

 

In the Committee

 

                 New clause No. 15A which the Treasurer had moved after clause No. 15AA to insert as follows:

PART 3A

STAFF

                          Transfer of staff

                                    15A. (1) Action must be taken to ensure that all employees engaged in a business to which a sale/lease agreement relates are taken over as employees of the purchaser, a nominee of the purchaser or the company acquired by the purchaser under the sale/lease agreement.

                                    (2)  For the purposes of this section, the Minister may, by order in writing (an employee transfer order)—

                                    (a)    transfer employees of an electricity corporation to positions in the employment of a State-owned company;

Electricity Corporations (Restructuring

and Disposal)

Bill.

 

 

                                    (b)    transfer back to an electricity corporation an employee transferred to the employment of a State-owned company;

                                    (c)    transfer employees of an electricity corporation to positions in the employment of a purchaser under a sale/lease agreement or a nominee of the purchaser;

                                    (d)    transfer employees of a State-owned company to positions in the employment of a purchaser under a sale/lease agreement or a nominee of the purchaser.

                                    (3)  An employee transfer order takes effect on the date of the order or on a later date specified in the order.

                                    (4)  An employee transfer order may be varied or revoked by the Minister by further order in writing made before the order takes effect.

                                    (5)  An employee transfer order has effect by force of this Act and despite the provisions of any other law or instrument.

                                    (6)  A transfer under this section does not—

                                    (a)    affect the employee’s remuneration; or

                                    (b)    interrupt continuity of service; or

                                    (c)    constitute a retrenchment or redundancy.

                                    (7)  Except with the employee’s consent, a transfer under this section must not involve—

                                    (a)    any reduction in the employee’s status; or

                                    (b)    any change in the employee’s duties that would be unreasonable having regard to the employee’s skills, ability and experience.

                                    (8)  However, an employee’s status is not reduced by—

                                    (a)    a reduction of the scope of the business operations for which the employee is responsible; or

                                    (b)    a reduction in the number of employees under the employee’s supervision or management,

                          if the employee’s functions in their general nature remain the same as, or similar to, the employee’s functions before the transfer.

                                    (9) An employee’s terms and conditions of employment are subject to variation after the transfer in the same way as before the transfer.

                                    (10) A person whose employment is transferred from one body (the former employer) to another (the new employer) under this section is taken to have accrued as an employee of the new employer an entitlement to annual leave, sick leave and long service leave that is equivalent to the entitlements that the person had accrued, immediately before the transfer took effect, as an employee of the former employer.

                                    (11) A transfer under this section does not give rise to any remedy or entitlement arising from the cessation or change of employment.

                                   (12) For the purposes of construing a contract applicable to a person whose employment is transferred under this section, a reference to the former employer is to be construed as a reference to the new employer.” - further considered.

 

 

                 The Hon. S. M. Kanck moved to amend new clause No. 15A, as proposed to be inserted by the Treasurer, after subclause (12), by inserting new subclause as follows:

 

 

                          “(13) An employee transfer order cannot take effect until—

                  (a)   a copy of the order has been laid before each House of Parliament; and

                 (b)   the order has been approved by resolution of each House of Parliament.”

 

 

                 Question - That the amendment moved by the Hon. S. M. Kanck to new clause No. 15A, as proposed to be inserted by the Treasurer, be agreed to - put and negatived.

                 Question - That new clause No. 15A, as proposed to be inserted by the Treasurer, be so inserted - put and passed.

                          New clause No. 15A inserted.

                 The Hon. R. R. Roberts moved after new clause No. 15A, to insert new clause as follows:

                           No involuntary retrenchment clause

                                       15AB. (1) Any sale/lease agreement made under this Act must include a condition binding on the purchaser under which the purchaser must do everything within the purchaser’s power to ensure that an agreement remains in force under the industrial law of the State or the Commonwealth under which a transferred employee may not be the subject of involuntary retrenchment during the period of the employee’s continuing employment as a transferred employee.

 

 

                                       (2)  In this section—

                                       “transferred employee”, in relation to a purchaser under a sale/lease agreement,  means—

                                          (a)    an employee transferred by an employee transfer order to the employment of the purchaser; or

                                          (b)    an employee in the employment of a company that was an electricity corporation or a State-owned company when the shares in the company were transferred to the purchaser.’

 

 

                 Question - That new clause No. 15AB, as proposed to be inserted by the Hon.
R. R. Roberts, be so inserted - put and negatived.

                 The Treasurer moved after clause No. 15A, to insert new clause as follows:

                          Separation packages and offers of alternative public sector employment

                                    15B.  (1)  Subject to this section, any action that a private sector employer takes from time to time as a consequence of a transferred employee’s position being identified as surplus to the employer’s requirements must consist of or include an offer of a separation package that complies with this section.

                                    (2)  If a private sector employer makes an offer to a transferred employee under subsection (1) after the end of the employee’s first two years after becoming a transferred employee, an offer must also be made to the employee of public sector employment with a rate of pay that is at least equivalent to the rate of pay of the employee’s position immediately before the employee’s relocation to public sector employment.

                                    (3) A transferred employee who is made an offer of a separation package under subsection (1) must be allowed—

                                    (a)    if an offer of public sector employment is also made under subsection (2)—at least one month from the date of the offer of public sector employment to accept either of the offers;

                                    (b)    in any other case—at least one month to accept the offer.

                                    (4) If a transferred employee has been offered both a separation package and public sector employment under this section and has failed to accept either offer within the period allowed, the employee is taken to have accepted the offer of a separation package.

                                    (5) The employment of a transferred employee may not be terminated as a consequence of the employee’s position being identified, within the employee’s first two years after becoming a transferred employee, as surplus to a private sector employer’s requirements unless the employee has accepted (or is taken to have accepted) an offer under this section or otherwise agreed to the termination.

                                    (6) A separation package offered to a transferred employee under this section must include an offer of a payment of an amount not less than the lesser of the following:

                                    (a)    (8 + 3CYS)WP;

                                    (b)    104WP,

                          where—

                                    CYS  is the number of the employee’s continuous years of service in relevant employment determined in the manner fixed by the Minister by order in writing; and

                                    WP   is the employee’s weekly rate of pay determined in the manner fixed by the Minister by order in writing.

                                    (7)  An order of the Minister—

                                    (a)    may make different provision in relation to the determination of an employee’s continuous years of service or weekly rate of pay according to whether the relevant employment was full-time or part-time, included periods of leave without pay or was affected by other factors; and

                                    (b)    may be varied by the Minister by further order in writing made before any employee becomes a transferred employee; and

                                    (c)    must be published in the Gazette.

 

 

                                    (8) A person who relocates to public sector employment as a result of acceptance of an offer under this section is taken to have accrued as an employee in public sector employment an entitlement to annual leave, sick leave and long service leave that is equivalent to the entitlements that the person had accrued, immediately before the relocation, as an employee of the private sector employer.

                                    (9) It is a condition of an offer of a separation package or public sector employment under this section that the employee waives any right to compensation or any payment arising from the cessation or change of employment, other than the right to superannuation payments or other payments to which the employee would be entitled on resignation assuming that the employee were not surplus to the employer’s requirements.

                                    (10) If an employee is relocated to public sector employment as a result of acceptance of an offer under this section—

                                    (a)    the employee may not be retrenched from public sector employment; and

                                    (b)    the employee’s rate of pay in public sector employment may not be reduced except for proper cause associated with the employee’s conduct or physical or mental capacity.

                                    (11) Subsection (1) does not apply if the action that a private sector employer takes as a consequence of an employee’s position being identified as surplus to the employer’s requirements consists only of steps to relocate the employee to another position in the employment of that employer or a related employer with—

                                    (a)    functions that are in their general nature the same as, or similar to, the functions of the surplus position; and

                                    (b)    a rate of pay that is at least equivalent to the rate of pay of the surplus position.

                                    (12) For the purposes of subsection (5), the employment of a transferred employee is taken not to have been terminated by reason only of the fact that the employee has been relocated to another position in the employment of the same employer or a related employer if the rate of pay of that position is at least equivalent to the rate of pay of the employee’s previous position.

                                    (13) In this section—

                          “award or agreement” means award or agreement under the Industrial and Employee Relations Act 1994 or the Workplace Relations Act 1996 of the Commonwealth as amended from time to time;

                          “private sector employer” means—

                                    (a)    a purchaser under a sale/lease agreement or a company that was an electricity corporation or State-owned company before the shares in the company were transferred to a purchaser under a sale/lease agreement; or

                                    (b)    an employer who is related to a purchaser or company referred to in paragraph (a);

                          “public sector employment” means employment in the Public Service of the State, or by an instrumentality of the Crown or a statutory corporation;

                          “rate of pay” includes an amount paid to an employee to maintain the employee’s rate of pay in a position at the same level as the rate of pay of a position previously occupied by the employee;

                          “relevant employment” means—

                                    (a)    employment by The Electricity Trust of South Australia, an electricity corporation or a State-owned company; or

                                    (b)    employment by a private sector employer;

                          “transferred employee” means an employee—

                                    (a)    who—

                                                   (i)      was transferred by an employee transfer order to the employment of a purchaser under a sale/lease agreement; or

                                                   (ii)     was in the employment of a company that was an electricity corporation or a State-owned company when the shares in the company were transferred to a purchaser under a sale/lease agreement; and

                                    (b)    who has remained continuously in the employment of that purchaser or company or in the employment of an employer related to that purchaser or company since the making of the relevant sale/lease agreement; and

                                    (c)    whose employment is subject to an award or agreement.

 

 

                                    (14)  Employers are related for the purposes of this section if—

                                    (a)    one takes over or otherwise acquires the business or part of the business of the other; or

                                    (b)    they are related bodies corporate within the meaning of the Corporations Law; or

                                   (c)     a series of relationships can be traced between them under paragraph (a) or (b).’

                 Question - That new clause No. 15B, as proposed to be inserted by the Treasurer, be so inserted - put.

            Committee divided:

 

 

Ayes, 10.

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. R. I. Lucas (Teller)

Noes, 9.

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. C. A. Pickles

The Hon. T. G. Roberts

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. R. R. Roberts (Teller)

 

 

 

So it was resolved in the affirmative.

                          New clause No. 15B inserted.

                          New clause No. 15C inserted.

                  The Hon. P. Holloway moved after clause No. 15C, to insert new clause as follows:

 

 

                           Special provision relating to land at Port Lincoln

                                    15D. (1) The prescribed land may not be transferred under this Act or otherwise except to the Minister responsible for the administration of the Harbors and Navigation Act 1993 or the Corporation of the City of Port Lincoln (or part to that Minister and part to that Corporation).

                                   (2)  In this section—

                                    "prescribed land" means the land that—

                                    (a)    is comprised in Certificate of Title Register Book Volume 2450 Folio 4; and

                                    (b)    consists of the walkway on the foreshore or land to the seaward side of the walkway.’

 

 

                 Question - That new clause No. 15D, as proposed to be inserted by the Hon. P. Holloway, be so inserted - put and negatived.

                          Clauses No. 16 and No. 17 agreed to.

                          Clause No. 18 amended and agreed to.

                          Clause No. 19 struck out.

                          New clause No. 19 inserted.

                          New clause No. 19A inserted.

                          Clause No. 20 agreed to.

                          Clause No. 21 amended and agreed to.

                          Clause No. 22 amended and agreed to.

                          New clause No. 22A inserted.

                          New clause No. 22B inserted.

                          Clause No. 23 amended and agreed to.

                 The Hon. N. Xenophon moved on page 14, after line 22, to insert new clause as follows:

                          Certain contracts to be submitted to ACCC

                                    23A. (1) A contract to which this section applies is unenforceable unless an application is made within the period allowed under this section to the ACCC for an authorisation under Part VII of the Trade Practices Act in relation to the contract and is not withdrawn.

                                   (2)  This section applies to a contract (whether entered into before or after the commencement of this section) between an electricity generator and an electricity retailer that makes provision relating to the payment of amounts between the parties to the contract based on or determined by reference to the difference between prices specified under the contract and the pool prices in the national electricity market.

 

 

                                    (3)  The period within which an application to the ACCC must be made for the purposes of this section is—

                                    (a)    in the case of a contract entered into before the commencement of this section—one month after that commencement;

                                    (b)    in any other case—one month after the date of the contract.

                                    (4)  In this section—

                                    “ACCC” means the Australian Competition and Consumer Commission;

                                    “contract” includes an agreement or understanding;

                                    “electricity generator” means the holder of a licence under the Electricity Act 1996 authorising the generation of electricity;

                                    “electricity retailer” means the holder of a licence under the Electricity Act 1996 authorising the retailing of electricity;

                                    “national electricity market” means the market regulated by the National Electricity Law;

                                   “Trade Practices Act” means the Trade Practices Act 1974 of the Commonwealth, as amended from time to time.’

 

 

                 Question - That new clause No. 23A, as proposed to be inserted by the Hon.
N. Xenophon, be so inserted - put.

            Committee divided:

 

 

Ayes, 9.

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. G. Weatherill

The Hon. C. Zollo

The Hon. N. Xenophon (Teller)

 

Noes, 10.

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. R. I. Lucas (Teller)

 

 

        So it passed in the negative.

                          Clause No. 24 agreed to.

                          Schedule No. 1 read.

                 The Treasurer moved that it be a suggestion to the House of Assembly to amend
Schedule No. 1 by leaving out clause 4 and inserting new clause as follows:

                          Liability of certain bodies to council rates or amounts in lieu of rates

                                    4. (1) The following provisions apply in relation to the liability of a State-owned company to pay rates under the Local Government Act 1934, despite the provisions of that Act:

                                    (a)     a State-owned company is liable to pay rates;

                                    (b)     land and buildings of a State-owned company are rateable property within the meaning of that Act;

                                    (c)     the following are not rateable property within the meaning of that Act:

                                             (i)      plant or equipment used by a State-owned company in connection with the generation, transmission or distribution of electricity (whether or not the plant or equipment is situated on land owned by the corporation);

                                             (ii)     easements, rights of way or other similar rights (including such rights arising by virtue of a licence) that have been granted or operate in connection with the generation, transmission or distribution of electricity.

                                    (2) Despite the Local Government Act 1934, the following are not rateable property within the meaning of that Act:

                                    (a)     plant or equipment (other than electricity generating plant and substations for converting, transforming or controlling electricity) used by a body specified by proclamation for the purposes of this clause in connection with the generation, transmission or distribution of electricity (whether or not the plant or equipment is situated on land owned by the body);

                                    (b)     easements, rights of way or other similar rights (including such rights arising by virtue of a licence) that have been granted or operate in connection with the generation, transmission or distribution of electricity.

 

 

                                    (3) Despite the Local Government Act 1934, the Governor may, by proclamation, declare that the rates payable under that Act in respect of specified land on which is situated any electricity generating plant, or substation for converting, transforming or controlling electricity, used by a body specified in the proclamation are reduced to a specified amount or an amount determined in a specified manner.

                                    (4) The holder of a licence authorising the generation of electricity at Torrens Island must, as required by proclamation, make payments to the Treasurer for the credit of the Consolidated Account of amounts determined in accordance with the provisions of the proclamation (being provisions framed having regard to rates imposed under the Local Government Act 1934 in the adjoining council areas).

                                    (5) A proclamation made for the purposes of this clause may not be revoked and may be varied only by regulation and if the variation reduces the future liabilities of the body to which the proclamation relates.’

 

 

                 The Hon. P. Holloway moved to amend the motion by leaving out from subclause (3) “reduced to a specified amount or an amount determined in a specific manner” and inserting “to be calculated so that the amount payable is equivalent to the amount that would be payable if the land were used for any other industrial purpose”.

 

 

                 Question - That the amendment moved by the Hon. P. Holloway to the motion moved by the Treasurer, be agreed to - put and negatived.

                 The Hon. P. Holloway moved to amend the motion moved by the Treasurer by inserting
“, while Torrens Island remains outside of any council area” after “must” in subclause (4).

                 Question - That the amendment moved by the Hon. P. Holloway to the motion moved by the Treasurer, be agreed to - put and negatived.

                 The Hon. P. Holloway moved to amend the motion moved by the Treasurer by inserting after subclause (4) new subclause as follows:

 

 

                                   “(4a) If Torrens Island is incorporated in a council area, rates become payable by the holder of the licence to the council of the area under the Local Government Act 1934.”

 

 

                 Question - That the amendment moved by the Hon. P. Holloway to the motion moved by the Treasurer, be agreed to - put and negatived.

                 Question - That the motion moved by the Treasurer be agreed to - put and passed.

                 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.

 

 

   6.

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

                 At fifteen minutes past two o’clock the sitting was resumed.

 

Suspension and

Resumption of

Sitting.

 

    7.

 

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Electricity Corporations (Restructuring and Disposal) Bill.

 

In the Committee

 

                          Schedule No. 1 further considered.

                 The Treasurer moved that it be a suggestion to the House of Assembly to amend the schedule by inserting after clause 5 new clause as follows:

                      Agreement between Minister and licensee about environmental compliance

                          5A. (1) Subject to this clause, an agreement may be made between the Minister and the holder of a specially issued licence requiring the licensee to undertake programs directed towards reducing the adverse effects on the environment of the operations authorised by the licence and containing provisions dealing with and limiting the licensee's environmental protection obligations in relation to those operations.

                          (2)  The Minister may not make an agreement with a licensee under this clause—

                          (a)     if the licence was issued or transferred to the purchaser under a sale/lease agreement—more than one month after the issue or transfer of the licence to the purchaser; or

                          (b)     if paragraph (a) does not apply and the licence was issued to a State-owned company—more than one month after the company ceases to be a State-owned company.

                          (3)  It is a precondition to the making of an agreement under this clause that the Environment Protection Authority approves the terms of the agreement.

Electricity Corporations (Restructuring

and Disposal)

Bill.

 

 

                          (4) An agreement under this clause has effect as a contract for the period specified in the agreement and is binding on, and operates for the benefit of, the licensee who entered into the agreement, successive holders of the licence and a person who holds some subsequently granted licence under the Electricity Act 1996 authorising operations to which the agreement relates.

                          (5) The Environment Protection Act 1993 and any statutory instruments under that Act are to be construed subject to an agreement under this clause and, to the extent of any inconsistency between that Act or statutory instrument and the agreement, the agreement prevails.

                          (6) Any adverse effects on the environment specifically permitted by an agreement under this clause are to be taken—

                          (a)     not to constitute a contravention of the Environment Protection Act 1993 or any statutory instrument under that Act; and

                          (b)     not to give rise to any liability under any Act or at law.

                          (7) An agreement under this clause may be varied by further agreement between the Environment Protection Authority and the licensee for the time being bound by the agreement.

                          (8) An agreement or variation of an agreement under this clause must be published in the Gazette.

                          (9)  In this clause—

                          "Minister" means the Minister to whom the administration of the Environment Protection Act 1993 is committed.’

 

 

                 Question - That the motion moved by the Treasurer, be agreed to - put.

             Committee divided:

 

 

Ayes, 9.

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. D. V. Laidlaw

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. R. I. Lucas (Teller)

Noes, 8.

The Hon. M. J. Elliott

The Hon  P. Holloway

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. S. M. Kanck (Teller)

 

 

        So it was resolved in the affirmative.

                          Schedule No. 1, as suggested to be amended and otherwise suggested to be amended, agreed to.

                 New Schedule No. 1A inserted.

                          Resolved - That it be a suggestion to the House of Assembly to amend the Bill by inserting after Schedule No. 1A, new Schedule No. 1B.

                          Schedule No. 2 read.

                 The Treasurer moved on page 18, lines 1 to 21, to leave out Schedule No. 2 and insert new Schedule as follows:

 

 

SCHEDULE 2

Related Amendments

PART 1

AMENDMENT OF DEVELOPMENT ACT 1993

                 Interpretation

                          1. The Development Act 1993 is referred to in this Part as “the principal Act”.

                 Amendment of s. 48—Governor to give decision on development

                          2. Section 48 of the principal Act is amended by inserting in subsection (1)(b) “or 49A(19)” after “section 49(16a)”.

                 Insertion of Part 4 Division 3A

                          3. The following Division is inserted after section 49 of the principal Act:

DIVISION 3A

DEVELOPMENT INVOLVING ELECTRICITY INFRASTRUCTURE

                          Development involving electricity infrastructure

                                    49A. (1) Subject to this section, if a prescribed person proposes to undertake development for the purposes of the provision of electricity infrastructure (within the meaning of the Electricity Act 1996), not being development of a kind referred to in section 49(2) or (3), the person must—

                          (a)     lodge an application for approval containing prescribed particulars with the Development Assessment Commission for assessment by the Development Assessment Commission; and

                          (b)     if the land in relation to which the development is proposed is within the area of a council—give notice containing prescribed particulars of the proposal to that council in accordance with the regulations.

 

 

                                    (2) No application for approval is required (either under this section or any other provision of this Act), and no notice to a council is required under subsection (1), if the development is of a kind excluded from the provisions of this section by regulation.

                                    (3) The Development Assessment Commission may request the proponent to provide additional documents or information (including calculations and technical details) in relation to the application.

                                    (4) A council may report to the Development Assessment Commission on any matters contained in a notice under subsection (1).

                                    (5) Where a notice is given to a council under subsection (1), and a report from the council is not received by the Development Assessment Commission within two months of the date of the notice, it will be conclusively presumed that the council does not intend to report on the matter.

                                    (6) The Development Assessment Commission must assess an application lodged with it under this section and then prepare a report to the Minister on the matter.

                                    (7) If it appears to the Development Assessment Commission that the proposal is seriously at variance with—

                          (a)     the provisions of the appropriate Development Plan (so far as they are relevant); or

                          (b)     any code or standard prescribed by the regulations for the purposes of this provision,

                          specific reference to that fact must be included in the report.

                                    (8) If a council has, in relation to any matters referred to the council under subsection (1), expressed opposition to the proposed development in its report under subsection (4), a copy of the report must be attached to the Development Assessment Commission’s report (unless the council has, since providing its report, withdrawn its opposition).

                                    (9) The Development Assessment Commission must, unless the Minister grants an extension of time, furnish its report within three months of its receipt of the relevant application.

                                    (10) Where a request is made under subsection (3), any period between the date of request and the date of compliance is not to be included in the calculation of the three-month period under subsection (9).

                                    (11) The Minister may, after receipt of the report of the Development Assessment Commission under this section (and after taking such action (if any) as the Minister thinks fit)—

                          (a)     approve the development; or

                          (b)     refuse to approve the development.

                                    (12) An approval may be given—

                          (a)     for the whole or part of a proposed development;

                          (b)     subject to such conditions as the Minister thinks fit.

                                    (13) An approval under this section will be taken to be given subject to the condition that, before any building work is undertaken, the building work be certified by a private certifier, or by some person determined by the Minister for the purposes of this provision, as complying with the provisions of the Building Rules to the extent that is appropriate in the circumstances.

                                    (14) A person acting under subsection (13) must—

                          (a)     seek and consider the advice of the Building Rules Assessment Commission before giving a certificate in respect of building work that would be at variance with the performance requirements of the Building Code; and

                          (b)     take into account the criteria, and comply with any requirement, prescribed by the regulations before giving a certificate in respect of building work that would otherwise involve a variance with the Building Rules,

                          and if the person gives a certificate that involves building work that is at variance with the Building Rules then the person must, subject to the regulations, specify the variance in the certificate.

                                    (15) A person engaged to perform building work for a development approved under this section must—

                          (a)     ensure that the building work is performed in accordance with technical details, particulars, plans, drawings and specifications certified for the purposes of subsection (13); and

                          (b)     comply with the Building Rules (subject to any certificate under subsection (13) that provides for a variance with the Building Rules), and any other requirements imposed under this section.

                          Penalty:                      Division 4 fine.

                          Default penalty:                        $200.

                                    (16) A person must not contravene, or fail to comply with, a condition of an approval under this section.

                          Penalty:                      Division 3 fine.

                          Additional penalty.

                          Default penalty:                        $500.

 

 

                                    (17) If—

                          (a)     a council has, in a report under this section, expressed opposition to a development that is approved by the Minister (and the council has not, since providing its report, withdrawn its opposition); or

                          (b)     the Minister approves a development that is, according to the report of the Development Assessment Commission, seriously at variance with a Development Plan, or a prescribed code or standard,

                          the Minister must, as soon as practicable, prepare a report on the matter and cause copies of that report to be laid before both Houses of Parliament.

                                    (18) If the Minister approves a development under this section, no other procedure or requirement relating to the assessment of the development under this Act applies and no other development authorisation (including a certificate or approval under Part 6) is required under this Act, although the Minister may, if necessary for the purposes of any other Act, issue any other development authorisation under this Act (which will then be taken, for the purposes of that other Act, to have been issued by a relevant authority under this Act).

                                    (19) Despite a preceding subsection, if the Minister directs that an EIS, PER or DR be prepared with respect to a development otherwise within the ambit of this section then—

                          (a)     this section ceases to apply to the development; and

                          (b)     the proponent must not undertake the development without the approval of the Governor under section 48; and

                          (c)     unless section 48(2)(a) applies, the development becomes, according to a determination of the Major Developments Panel, subject to the processes and procedures prescribed by Division 2 with respect to the preparation and consideration of an EIS, a PER or a DR.

                                    (20) No appeal lies against a decision of the Minister under this section.

PART 2

AMENDMENT OF ELECTRICITY CORPORATIONS ACT 1994

                 Interpretation

                          4. The Electricity Corporations Act 1994 is referred to in this Part as “the principal Act”.

                 Amendment of long title

                          5. The long title of the principal Act is amended by striking out “to provide for the assets of electricity corporations to remain in public ownership;”.

                 Repeal of s. 3

                          6. Section 3 of the principal Act is repealed.

                 Insertion of s. 7A

                          7. The following section is inserted after section 7 of the principal Act:

                          Power of Minister to vary functions

                                    7A. The Minister may, by direction to an electricity corporation, relieve it of functions, add to its functions or otherwise vary its functions as the Minister considers necessary or expedient in consequence of—

                          (a)     action taken under the Electricity Corporations (Restructuring and Disposal) Act 1998; or

                          (b)     the operation of the National Electricity (South Australia) Law and the National Electricity Code (as defined in that Law).

                 Amendment of s. 14—Establishment of board

                          8. Section 14 of the principal Act is amended—

                          (a)     by striking out subsection (2) and substituting the following subsection:

                                             (2) The board consists of not less than four nor more than six members appointed by the Governor, of whom one may be the chief executive officer.;

                          (b)     by striking out subsection (4) and substituting the following subsection:

                                             (4) At least one member of the board must be a woman and one a man.;

                          (c)     by striking out from subsection (7) “an appointed director” and substituting “a director”.

                 Amendment of s. 15—Conditions of membership

                          9. Section 15 of the principal Act is amended—

                          (a)     by striking out from subsection (2) “an appointed director” and substituting “a director”;

                          (b)     by striking out from subsection (3) “an appointed director” and substituting “a director”;

                          (c)     by striking out from subsection (4) “an appointed director” and substituting “a director”.

                 Amendment of s. 17—Remuneration

                          10. Section 17 of the principal Act is amended by striking out “An appointed director” and substituting “A director”.

                 Amendment of s. 18—Board proceedings

                          11. Section 18 of the principal Act is amended by striking out subsection (1) and substituting the following subsection:

 

 

                                       (1) A quorum of the board consists of one-half of the total number of members of the board (ignoring any fraction resulting from the division) plus one.

                 Amendment of s. 28—Establishment of board

                          12. Section 28 of the principal Act is amended—

                          (a)     by striking out subsection (2) and substituting the following subsection:

                                           (2) The board consists of not less than four nor more than six members appointed by the Governor, of whom one may be the chief executive officer.;

                          (b)     by striking out subsection (4) and substituting the following subsection:

                                           (4) At least one member of the board must be a woman and one a man.;

                          (c)     by striking out from subsection (7) “an appointed director” and substituting “a director”.

                 Amendment of s. 29—Conditions of membership

                          13. Section 29 of the principal Act is amended—

                          (a)     by striking out from subsection (2) “an appointed director” and substituting “a director”;

                          (b)     by striking out from subsection (3) “an appointed director” and substituting “a director”;

                          (c)     by striking out from subsection (4) “an appointed director” and substituting “a director”.

                 Amendment of s. 31—Remuneration

                          14. Section 31 of the principal Act is amended by striking out “An appointed director” and substituting “A director”.

                 Amendment of s. 32—Board proceedings

                          15. Section 32 of the principal Act is amended by striking out subsection (1) and substituting the following subsection:

                                    (1) A quorum of the board consists of one-half of the total number of members of the board (ignoring any fraction resulting from the division) plus one.

                 Repeal of s. 47A

                          16. Section 47A of the principal Act is repealed.

                 Amendment of s. 48—Mining at Leigh Creek

                          17. Section 48 of the principal Act is amended by striking out from subsection (1) “under an Act specifically authorising that sale, lease, contract or right” and substituting “as authorised by or under regulations made under the Electricity Corporations (Restructuring and Disposal) Act 1998”.

PART 3

AMENDMENT OF ENVIRONMENT PROTECTION ACT 1993

                 Interpretation

                          18. The Environment Protection Act 1993 is referred to in this Part as “the principal Act”.

                 Amendment of s. 7—Interaction with other Acts

                          19. Section 7 of the principal Act is amended by inserting before paragraph (a) of subsection (3) the following paragraph:

                          (a1)  the Electricity Corporations (Restructuring and Disposal) Act 1998; and.

PART 4

AMENDMENT OF MINING ACT 1971

                 Interpretation

                          20. The Mining Act 1971 is referred to in this Part as “the principal Act”.

                 Amendment of s. 17—Royalty

                          21. Section 17 of the principal Act is amended by inserting in subsection (8) “or some other basis” after “recovered”.’

                 The Hon. P. Holloway moved to amend new Schedule No. 2, as proposed to be inserted by the Treasurer, after clause No. 21, by inserting new clauses as follow:

PART 5

AMENDMENT OF PARLIAMENTARY COMMITTEES ACT 1991

                  Interpretation

                          22. The Parliamentary Committees Act 1991 is referred to in this Part as "the principal Act".

                  Insertion of s. 16B

                          23. The following section is inserted after section 16A of the principal Act:

                                    Development involving electricity infrastructure

                                           16B. (1) A development for the purposes of the provision of electricity infrastructure (within the meaning of the Electricity Act 1996)—

                                           (a)   in respect of which an application for approval is required under section 49A of the Development Act 1993; or

                                           (b)   that is the subject of a direction of the Minister under section 49A(19) of the Development Act 1993,

                                    is referred to the Public Works Committee by force of this section if the total amount to be applied for the development will, when all stages of the development are complete, exceed $4 million.

                                               (2) A development to which subsection (1) applies must not be approved under the Development Act 1993 unless the work has first been inquired into by the Public Works Committee under this Act and the final report of that Committee on the work has been presented to its appointing House or published under section 17(7).”

 

 

                 Question - That the amendment moved by the Hon. P. Holloway to new Schedule 2, as proposed to be inserted by the Treasurer, be agreed to - put and negatived.

                 Question - That new Schedule No. 2, as proposed to be inserted by the Treasurer, be so inserted - put and passed.

                          New Schedule No. 2 inserted.

                          Title amended and agreed to.

_____________________

 

 

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with amendments, suggested amendments and an amended Title.

                 Ordered - That the Bill be recommitted in respect of clause No. 15A, clause No. 15B and
Schedule No. 1.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the further consideration of clauses No. 15A, No. 15B and Schedule No. 1.

 

In the Committee

 

                          Clause No. 15A reconsidered, further amended and agreed to.

                          Clause No. 15B reconsidered, further amended and agreed to.

                          Schedule No. 1 reconsidered, further suggested to be amended and agreed to.

____________________

 

 

 

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

                 The Treasurer, 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 Hon. Treasurer moved - That this Bill be now read a third time.

                 Debate ensued.

                 Question put.

 

 

Council divided:

 

 

Ayes, 9.

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. D. V. Laidlaw

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. R. I. Lucas (Teller)

Noes, 8.

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

So it was resolved in the affirmative.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

   8.

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

                 By the Hon. S. M. Kanck, from 150 residents of South Australia, concerning Native Title Rights for Indigenous South Australians and praying that the Council does not proceed with legislation that -

       1.      Undermines or impairs the Native Title rights of indigenous South Australians; and

       2.      Makes changes to Native Title unless there has been a genuine consultation process with all stakeholders, especially South Australia’s indigenous communities.

 

Petition:

No. 13 -

Native Title Rights for Indigenous

South Australians.

 

   9.

The Treasurer tabled a copy of a Ministerial Statement made by the Premier (The Hon. J. W. Olsen, M.P.) concerning a Joint State Government - Adelaide City Council Initiative to ensure Adelaide is a City with Safe Streets.

 

Paper

Tabled.

10.

In accordance with Sessional Standing Order, the President called on Members to make Statements on Matters of Interest.

 

Statements on

Matters of

Interest.

 

11.

The Attorney-General (The Hon. K. T. Griffin), without notice, moved - That the Standing Orders be so far suspended as to enable him to move - That the Clerk be permitted to deliver the Electricity Corporations (Restructuring and Disposal) Bill and Message to the House of Assembly whilst the Council is not sitting.

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

                 The Attorney-General, moved - That the Clerk be permitted to deliver the Electricity Corporations (Restructuring and Disposal) Bill and Message to the House of Assembly whilst the Council is not sitting.

                 Question put and passed.

 

Suspension of

Standing

Orders.

12.

Ordered - That Notices of Motion and Orders of the Day (Private Business) and Orders of the Day (Government Business) No. 1 to No. 22 be postponed and taken into consideration after Order of the Day (Government Business) No. 23.

 

Postponement

of Business.

 

13.

On the Order of the Day being read for the adjourned debate on the question - That the Mutual Recognition (South Australia) (Continuation) Amendment 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 to No. 3 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 Attorney-General, 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.

 

Mutual

Recognition

(South Australia) (Continuation) Amendment Bill.

  14.

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

Message No. 69

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Stamp Duties Act 1923, to which it desires the concurrence of the Legislative Council.

House of Assembly, 10 June 1999.                                                                  J.K.G OSWALD, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be taken into consideration on motion.

 

Messages from House of

Assembly:

Stamp Duties  (Conveyance

Rates)

Amendment Bill.

 

 

Message No. 70

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Debits Tax Act 1994, the Financial Institutions Duty Act 1983 and the Stamp Duties Act 1923, to which it desires the concurrence of the Legislative Council.

House of Assembly, 10 June 1999.                                                                  J.K.G OSWALD, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be taken into consideration on motion.

 

Statutes

Amendment (Financial Institutions) Bill.

 

 

Message No. 71

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Road Traffic Act 1961 and to repeal the Commercial Motor Vehicles (Hours of Driving) Act 1973, without any amendment.

House of Assembly, 10 June 1999.                                                                  J.K.G OSWALD, Speaker.

 

Road Traffic

(Driving Hours) Amendment Bill.

15.

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

                 At thirty minutes past eight o’clock the sitting was resumed.

 

Suspension and

Resumption of

Sitting.

 

16.

The Treasurer, according to order, moved - That the Stamp Duties (Conveyance Rates) Amendment Bill be now read a second time.

                 On motion of the Hon. C. A. Pickles, the debate was adjourned until next day of sitting.

 

Stamp Duties (Conveyance Rates) Amendment Bill.

 

17.

The Treasurer, according to order, moved - That the Statutes Amendment (Financial Institutions) Bill be now read a second time.

                 On motion of the Hon. C. A. Pickles, the debate was adjourned until next day of sitting.

 

Statutes

Amendment (Financial Institutions) Bill.

18.

At twenty-two minutes to nine o’clock the sitting was suspended until the ringing of the bells.

_____________________

 

And it being twelve of the clock:

FRIDAY 11 JUNE 1999

_____________________

 

                 At two o’clock the sitting was resumed.

 

Suspension and

Resumption of

Sitting.

 

  19.

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

Message No. 72

                 MR. PRESIDENT - The House of Assembly has agreed to Amendments Nos. 1 to 30, 32 to 43, 45 and 47 to 56 made by the Legislative Council in the Electricity Corporations (Restructuring and Disposal) Bill without any amendment; has agreed to Amendments Nos. 31, 44, 46 and 57 with the amendments indicated in the annexed Schedule and has agreed to the suggested amendments without any amendment and has amended the Bill accordingly.  The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 10 June 1999.                                                                  J.K.G OSWALD, Speaker.

 

Schedule of the amendments made by the House of Assembly

to Amendments Nos. 31, 44, 46 and 57 of the Legislative Council

Legislative Council’s Amendment:

No. 31.     Page 8 - After line 30 insert new clauses 11a. to 11e. as follow:-

                 ‘Disposal of electricity assets and limitations on disposal

          11A. (1) The Crown, an instrumentality of the Crown or a statutory corporation must not—

(a)    sell or transfer prescribed electricity assets; or

(b)    sell or transfer interests or rights as a lessee under an unauthorised lease in respect of prescribed electricity assets; or

(c)    grant an unauthorised lease in respect of prescribed electricity assets.

          (2) Shares in a prescribed company must not be issued and, in the case of shares owned by an instrumentality of the Crown or a statutory corporation, must not be sold or transferred—

(a)    if the company or a subsidiary of the company owns prescribed electricity assets; or

(b)    if the company or a subsidiary of the company is the lessee under an unauthorised lease in respect of prescribed electricity assets.

          (3) Subject to the limitations under subsections (1) and (2), the Minister may by agreement (a sale/lease agreement) with another (the purchaser) do one or more of the following:

                                   (a)    transfer to the purchaser assets or liabilities (or both) of an electricity corporation;

Message from

House of

Assembly:

Electricity Corporations (Restructuring

and Disposal) Bill.

.

 

(b)    grant to the purchaser a lease, easement or other rights in respect of assets of or available to an electricity corporation;

(c)    transfer to the purchaser assets or liabilities (or both) of a State-owned company;

(d)    transfer to the purchaser shares in a State-owned company;

(e)    grant to the purchaser a lease, easement or other rights in respect of assets of or available to a State-owned company;

(f)     transfer to the purchaser assets or liabilities (or both) that have been acquired by a Minister, any instrumentality of the Crown or a statutory corporation under this Act;

(g)    grant to the purchaser a lease, easement or other rights in respect of assets that have been acquired by a Minister, any instrumentality of the Crown or a statutory corporation under this Act.

          (4)  A lease is an unauthorised lease for the purposes of this section only if—

(a)    it confers a right to the use or possession of prescribed electricity assets for a term extending to a time, or commencing, more than 25 years after the making of the lease; and

(b)    the exercise of the right is not expressed in the lease to be conditional on approval of the right by a resolution passed by each House of Parliament in accordance with this section.

          (5) If a lease confers a right of a kind referred to in subsection (4)(a) and provides that the exercise of the right is conditional on approval of the right by a resolution passed by each House of Parliament, it is not lawful to waive, vary or remove that condition.

(6)  Subsections (1) and (2) do not apply to—

(a)    the sale or transfer of prescribed electricity assets, or interests or rights under a lease in respect of prescribed electricity assets, to the Crown, an instrumentality of the Crown or a statutory corporation;

(b)    the granting of a lease in respect of prescribed electricity assets to the Crown, an instrumentality of the Crown or a statutory corporation;

(c)    the issuing, sale or transfer of shares to an instrumentality of the Crown or a statutory corporation;

(d)    the sale or disposal of prescribed electricity assets in the ordinary course of the maintenance, repair, replacement or upgrading of equipment;

(e)    the exercise by a person other than the Crown, an instrumentality of the Crown or a statutory corporation of a right under an instrument executed before 17 November 1998;

(f)     the performance by the Crown, an instrumentality of the Crown or a statutory corporation of an obligation under an instrument executed before 17 November 1998.

          (7)  Subject to subsection (8), the following provisions must be complied with in relation to the approval of a right of a kind referred to in subsection (4)(a) by a resolution of each House of Parliament:

(a)    the resolution may relate to rights of that kind conferred by more than one lease; and

(b)    no more than one resolution approving rights of that kind may be passed; and

(c)    if a motion of a Minister for a resolution approving rights of that kind has been defeated, no further motion may be moved for such a resolution; and

 

 

(d)    the resolution must be passed—

      (i)   after the return of the writs for the first general election of the members of the House of Assembly that occurs after the commencement of this section; and

     (ii)   not later than five years after the first lease conferring a right of that kind was made; and

(e)    each lease to which the resolution relates, and a prescribed report relating to that lease, must have been laid before each House of Parliament—

      (i)   not later than 14 sitting days after the end of two years from the date on which the first lease conferring a right of that kind was made; or

     (ii)   if, before the end of the period referred to in subparagraph (i), sale/lease agreements have been made providing for the disposal of all prescribed electricity assets of or available to an electricity corporation, State-owned company, Minister or any instrumentality of the Crown or statutory corporation (whether by the granting of a lease or the disposal of shares)—not later than 14 sitting days after the date on which the last such sale/lease agreement was made.

         (8) If the right to possession of prescribed electricity assets reverts to the Crown, an instrumentality of the Crown or a statutory corporation through the expiry or termination of a lease, subsection (7) does not apply in relation to a further lease conferring a right of a kind referred to in subsection (4)(a) in respect of all or some of those assets, but a resolution approving the right may only be passed if the lease and a prescribed report relating to the lease have been laid before each House of Parliament not later than 14 sitting days after the end of two years from the date on which the lease was made.

 

 

          (9)  If a lease in relation to which a resolution has been passed by each House of Parliament in accordance with subsection (7) or (8) is terminated, subsections (1) and (2) do not apply in relation to a further lease granted to another person on substantially the same terms and conditions as, and for the balance of the term of, the former lease.

          (10)  If a resolution is passed by each House of Parliament approving a right of a kind referred to in subsection (4)(a), a variation that has the effect of increasing the term for which the right is or may become exercisable may not be made to the lease conferring the right unless the variation is approved by further resolution passed by each House of Parliament.

          (11)  In this section—

                          "prescribed company" means a company any of the shares in which are owned by an instrumentality of the Crown or a statutory corporation other than as a passive investment only;

                          "prescribed electricity assets" means any of the following situated in South Australia:

                                    (a)    electricity generating plant (other than plant with a generating capacity of less than 10 MW);

                                    (b)    powerlines (within the meaning of the Electricity Act 1996);

                                    (c)    substations for converting, transforming or controlling electricity;

                                    (d)    land on or under which infrastructure of a kind referred to in paragraph (a), (b) or (c) is situated,

                          but does not include anything excluded from the ambit of the definition by resolution passed by each House of Parliament;

                          "prescribed report", in relation to a lease, means a report prepared at the request of the Minister—

                                    (a)    giving a true and fair assessment, in present value terms, of both of the following:

                                                 (i)     the total amount paid or to be paid to the State under or in connection with the lease and any related transactions;

                                                (ii)     the total amount that would be repaid or foregone by the State if a resolution were not passed approving any right of a kind referred to in subsection (4)(a) conferred by the lease; and

                                    (b)    setting out the information and assumptions on which the assessments are based;

"right" includes a contingent or future right.

                 Provisions relating to sale/lease agreements

          11B.  (1)  If—

(a)    an electricity corporation or State-owned company has an easement in relation to electricity infrastructure on, above or under land; and

(b)    the Minister, by a sale/lease agreement, transfers part of the infrastructure, or grants a lease or other rights in respect of part of the infrastructure, to a purchaser,

 

 

the Minister may, by the sale/lease agreement, transfer to the purchaser rights conferred by the easement but limited so they operate in relation to that part of the infrastructure (which rights will be taken to constitute a separate registrable easement) and may, by a subsequent sale/lease agreement, transfer to the same or a different purchaser rights conferred by the easement but limited so they operate in relation to another part of the infrastructure, whether on, above or under the same part or a different part of the land (which rights will also be taken to constitute a separate registrable easement).

          (2) A sale/lease agreement may transfer assets or liabilities (or both) to a State-owned company, Minister, electricity corporation or any instrumentality of the Crown or statutory corporation, or the Crown, with effect at the end of the term of a lease (whether granted by the agreement, a transfer order or otherwise) or in specified circumstances.

          (3)  In exercising powers in relation to assets or liabilities of, or available to, a body other than the Minister, the Minister is to be taken to be acting as the agent of the other body.

          (4) A sale/lease agreement effects the transfer and vesting of an asset or liability or shares, or the grant of a lease, easement or other rights, in accordance with its terms by force of this Act and despite the provisions of any other law or instrument.

          (5)  The transfer of a liability by a sale/lease agreement operates to discharge the transferor and the Crown from the liability.

          (6)  Unless the sale/lease agreement otherwise provides—

(a)    the transfer of an asset by a sale/lease agreement operates to discharge the asset from any trust in favour of the Crown;

(b)    the transfer of the shares in an electricity corporation or State-owned company by a sale/lease agreement operates to discharge the assets of the company from any trust in favour of the Crown.

          (7)  If a sale/lease agreement so provides—

(a)    a security to which a transferred asset is subject ceases to apply to the asset on its transfer by the sale/lease agreement;

(b)    a security to which a leased asset is subject ceases to apply to the asset on the grant of the lease by the sale/lease agreement.

          (8)  A sale/lease agreement may provide that instruments identified in the agreement, or to be identified as provided in the agreement, are to be transferred instruments.

          (9)  If an instrument is identified in, or under, a sale/lease agreement as a transferred instrument, the instrument operates, as from a date specified in the agreement, subject to any modifications specified in the agreement.

                  Subcontracting performance of obligations to purchasers

          11C.  Despite any other law or instrument, an electricity corporation or State-owned company may, if authorised to do so by the Minister, subcontract to a purchaser under a sale/lease agreement the performance of all or part of the electricity corporation's or State-owned company's obligations under a contract.

                  Special orders

          11D.  (1) The Minister may, by order in writing (a special order), transfer assets or liabilities (or both) of the purchaser under a sale/lease agreement to another body or bodies.

          (2) A special order may only be made at the request of the purchaser made within 12 months of the date of the sale/lease agreement and with the consent of the other body or bodies.

          (3)  Only one special order may be made at the request of the same purchaser.

          (4)  In exercising powers under this section in relation to assets or liabilities of the purchaser, the Minister is to be taken to be acting as the agent of the purchaser.

          (5) A special order takes effect on the date of the order or on a later date specified in the order.

          (6) A special order effects the transfer and vesting of an asset or liability in accordance with its terms by force of this Act and despite the provisions of any other law or instrument.

 

 

          (7)  A special order may provide that instruments identified in the order, or to be identified as provided in the order, are to be transferred instruments.

          (8)  If an instrument is identified in, or under, a special order as a transferred instrument, the instrument operates, as from a date specified in the order, subject to any modifications specified in the order.

                  Terms of leases and related instruments

          11E. (1) The Minister is to endeavour to ensure that a prescribed long term lease in respect of prescribed electricity assets or a related instrument contains terms under which—

(a)    the lessee's right or option to renew or extend the lease must be exercised not less than five years before the commencement of the term of that renewal or extension; and

(b)    the risk of non-payment of rent (including amounts to be paid on the exercise of a right or option to renew or extend the lease) is addressed at the commencement of the lease by the provision of adequate security or other means; and

(c)    the lessee must provide adequate security in respect of compliance with requirements as to the condition of the leased assets at the expiration or earlier termination of the lease; and

(d)    the lessor accepts no liability for, and provides no warranty or indemnity as to, a consequence arising from—

      (i)   the lessee's use of the leased assets in trade or business; or

     (ii)   pool prices in the National Electricity Market or a similar or derivative market relating to the supply of electricity; or

    (iii)   competition between participants in the National Electricity Market or a similar or derivative market relating to the supply of electricity; or

    (iv)   regulatory change in the electricity supply industry; and

(e)    the lessee must indemnify the lessor for any liability of the lessor to a third party arising from the lessee's use or possession of the leased assets; and

(f)     the lessee must have adequate insurance against risks arising from the use or possession of the leased assets; and

(g)    the lessee must ensure compliance with all regulatory requirements applicable to the use or possession of the leased assets; and

(h)    the lessor is entitled to terminate the lease if a breach of the lessee's obligations of any of the following kinds, or any other serious breach, remains unremedied after reasonable notice:

      (i)   failure to obtain or retain—

(A)    a licence or registration required for the use of the leased assets for their intended purpose in the electricity supply industry under the Electricity Act 1996 or the National Electricity (South Australia) Law; or

(B)    a similar licence, registration or other authority required under subsequent legislation;

     (ii)   non-payment of rent;

    (iii)   substantial cessation of use of the leased assets for their intended purpose in the electricity supply industry; and

(i)     the lessor has a right or option, at the expiration or earlier termination of the lease, to acquire assets that form part of the business involved in the use of the leased assets for their intended purpose in the electricity supply industry.

          (2) If a prescribed long term lease is granted in respect of prescribed electricity assets and the lease and prescribed report relating to the lease are laid before a House of Parliament in accordance with section 11A, a report stating the extent to which the lease complies with the requirements set out in subsection (1) and giving reasons for any non-compliance must be laid before that House of Parliament at the same time.

(3) Non-compliance with this section does not affect the validity of a prescribed long term lease.

 

 

          (4)  A provision included in a prescribed lease or related instrument that deals with—

(a)    the circumstances or conditions under which the lease may be terminated by the lessor or lessee; or

(b)    the application of a security provided in relation to the lease; or

(c)    the pre-payment of amounts payable by way of rent under the lease and the retention of such amounts by the lessor; or

(d)    the continuance of the lease despite the occurrence of unintended or unforeseen circumstances; or

(e)    the continuance of the obligation to pay rent despite the occurrence of unintended or unforeseen circumstances; or

(f)     the amount payable in consequence of a breach of the lease; or

(g)    the liability of the lessor in relation to the leased assets,

will have effect according to its terms and despite any law or rule to the contrary.

 

 

          (5)  In this section—

                          "electricity supply industry" means the industry involved in the generation, transmission, distribution, supply or sale of electricity;

                          "National Electricity Market" means the market regulated by the National Electricity Law;

                          "prescribed company" has the same meaning as in section 11A;

                          "prescribed electricity assets" has the same meaning as in section 11A;

                          "prescribed lease" means—

                                    (a)    a lease granted by a sale/lease agreement; or

                                    (b)    a lease granted by a transfer order the lessee under which is, or was when the lease was granted, a prescribed company or subsidiary of a prescribed company or any instrumentality of the Crown or a statutory corporation;

                          "prescribed long term lease" means a prescribed lease that confers a right to the use or possession of the assets for a term extending to a time, or commencing, more than 25 years after the making of the lease;

                          "right" has the same meaning as in section 11A.’

House of Assembly’s Amendment thereto:

         In new Clause 11A—

         Leave out subclauses (1) and (2) and insert:

                   (1) The Crown, an instrumentality of the Crown or a statutory corporation must not sell or transfer prescribed electricity assets.

                   (2) If a prescribed company or a subsidiary of a prescribed company owns prescribed electricity assets, shares in the prescribed company -

(a)    must not be issued; or

(b)    if owned by an instrumentality of the Crown or a statutory corporation—must not be sold or transferred.

         Leave out subclauses (4) and (5).

         Leave out from paragraph (a) of subclause (6) “, or interests or rights under a lease in respect of prescribed electricity assets,”.

         Leave out paragraph (b) of subclause (6).

         Leave out subclauses (7), (8), (9) and (10) and insert:

          (7) The Minister must cause a copy of each relevant long term lease, and a prescribed report relating to the lease, to be laid before each House of Parliament—

(a)    not later than 14 sitting days after the end of two years from the date on which the first relevant long term lease was made; or

(b)    if, before the end of the period referred to in paragraph (a), sale/lease agreements have been made providing for the disposal of all prescribed electricity assets of or available to an electricity corporation, State-owned company, Minister or any instrumentality of the Crown or statutory corporation (whether by the granting of a lease or the disposal of shares)—not later than 14 sitting days after the date on which the last such sale/lease agreement was made.

                  Leave out the definition of "prescribed report" from subclause (11) and insert:

 

 

                          "prescribed report", in relation to a relevant long term lease, means a report prepared at the request of the Minister—

                                    (a)    summarising the principal features of the lease and any related sale/lease agreement or other transaction; and

                                    (b)    stating, in present value terms, the total amount paid or to be paid to the Sate under or in connection with the lease and any related sale/lease agreement or other transaction;

                          "relevant lease" means—

                                    (a)    a lease granted by a sale/lease agreement; or

                                    (b)    a lease granted by a transfer order the lessee under which is a company that has been acquired by a purchaser under a sale/lease agreement;

                          "relevant long term lease" means a relevant lease that confers a right to the use or possession of the assets for a term extending to a time, or commencing, more than 25 years after the making of the lease;

Legislative Council’s Amendment:

No. 44.     Page 10 (clause 15) - After line 29 insert the following:

                           (e)    in payment to an account at the Treasury to be used—

                                       (i)      to the extent of an amount not exceeding $150 million for the purposes of—

                                                (A)   contributing to the costs of employment training programs and programs to assist the establishment, restructuring or expansion of industry in the State;

                                                (B)    contributing to infrastructure costs associated with a railway link from the State to Darwin; and

                                       (ii)     for the purpose of retiring State debt.

                                    (1aa) Subparagraph (i) of subsection (1)(e) expires 12 months after sale/lease agreements have been made providing for the disposal of all prescribed electricity assets of or available to an electricity corporation, State-owned company, Minister or any instrumentality of the Crown or statutory corporation (whether by the granting of a lease or the disposal of shares).

House of Assembly’s Amendments thereto:

        Leave out subparagraph (i) of paragraph (e).

Leave out subclause (1aa).

Legislative Council’s Amendment:

No. 46.     Page 11 - After line 16 insert new clauses as follow:

                 Auditor-General’s report on relevant long term leases

          15AA.  (1) The Auditor-General must be provided with a copy of each relevant long term lease within the period of seven days after the prescribed date.

          (2) The Auditor-General must, within the period of six months after the prescribed date, examine each relevant long term lease that has been provided under subsection (1) and any related transactions and prepare a report on—

(a)    the proportion of the proceeds of the leases used to retire State debt; and

(b)    the amount of interest on State debt saved as a result of the application of those proceeds.

          (3) Section 34 of the Public Finance and Audit Act 1987 applies to the examination of a lease and any related transactions by the Auditor-General under this section.

          (4) The Auditor-General must deliver copies of a report prepared under this section to the President of the Legislative Council and the Speaker of the House of Assembly.

          (5) The President of the Legislative Council and the Speaker of the House of Assembly must not later than the first sitting day after receiving a report under this section, lay copies of the report before their respective Houses of Parliament.

          (6)  If a report has been prepared under this section but copies have not been laid before both Houses of Parliament when a writ for a general election of the members of the House of Assembly is issued, the Auditor-General must cause the report to be published.

          (7)  In this section—

                          "prescribed date" means the earlier of the following:

 

 

                                    (a)    if sale/lease agreements have been made providing for the disposal of all prescribed electricity assets of or available to an electricity corporation, State-owned company, Minister or any instrumentality of the Crown or statutory corporation (whether by the granting of a lease or the disposal of shares)—the date on which the last such sale/lease agreement was made; or

                                    (b)    the second anniversary of the date on which the first relevant long term lease was granted;

                          "prescribed electricity assets" has the same meaning as in section 11A;

                          "relevant lease" means—

                                    (a)    a lease granted by a sale/lease agreement; or

                                    (b)    a lease granted by a transfer order the lessee under which is a company that has been acquired by a purchaser under a sale/lease agreement;

                          "relevant long term lease" means a relevant lease in respect of prescribed electricity assets that confers a right to the use or possession of the assets for a term extending to a time, or commencing, more than 25 years after the making of the lease;

                 "right" has the same meaning as in section 11A.

 

 

PART 3A

STAFF

                  Transfer of staff

                          15A.  (1)  Action must be taken to ensure that all employees engaged in a business to which a sale/lease agreement relates are taken over as employees of the purchaser, a company related to the purchaser or the company acquired by the purchaser under the sale/lease agreement.

                          (2) For the purposes of this section, the Minister may, by order in writing (an employee transfer order)—

                          (a)    transfer employees of an electricity corporation to positions in the employment of a State-owned company;

                          (b)    transfer back to an electricity corporation an employee transferred to the employment of a State-owned company;

                          (c)    transfer employees of an electricity corporation to positions in the employment of a purchaser under a sale/lease agreement or a company related to the purchaser;

                          (d)    transfer employees of a State-owned company to positions in the employment of a purchaser under a sale/lease agreement or a company related to the purchaser.

                          (3)  An employee transfer order takes effect on the date of the order or on a later date specified in the order.

                          (4)  An employee transfer order may be varied or revoked by the Minister by further order in writing made before the order takes effect.

                          (5) An employee transfer order has effect by force of this Act and despite the provisions of any other law or instrument.

                          (6)  A transfer under this section does not—

                          (a)    affect the employee's remuneration; or

                          (b)    interrupt continuity of service; or

                          (c)    constitute a retrenchment or redundancy.

                          (7) Except with the employee's consent, a transfer under this section must not involve—

                          (a)    any reduction in the employee's status; or

                          (b)    any change in the employee's duties that would be unreasonable having regard to the employee's skills, ability and experience.

                          (8)  However, an employee's status is not reduced by—

                          (a)    a reduction of the scope of the business operations for which the employee is responsible; or

                          (b)    a reduction in the number of employees under the employee's supervision or management,

         if the employee's functions in their general nature remain the same as, or similar to, the employee's functions before the transfer.

 

 

                          (9)  An employee's terms and conditions of employment are subject to variation after the transfer in the same way as before the transfer.

                          (10) A person whose employment is transferred from one body (the former employer) to another (the new employer) under this section is taken to have accrued as an employee of the new employer an entitlement to annual leave, sick leave and long service leave that is equivalent to the entitlements that the person had accrued, immediately before the transfer took effect, as an employee of the former employer.

                          (11) A transfer under this section does not give rise to any remedy or entitlement arising from the cessation or change of employment.

                          (12) For the purposes of construing a contract applicable to a person whose employment is transferred under this section, a reference to the former employer is to be construed as a reference to the new employer.

                          (13) A company and a purchaser are related for the purposes of this section if they are related bodies corporate within the meaning of the Corporations Law.

                  Separation packages and offers of alternative public sector employment

                          15B.  (1)  Subject to this section, any action that a private sector employer takes from time to time as a consequence of a transferred employee's position being identified as surplus to the employer's requirements must consist of or include an offer of a separation package that complies with this section.

                          (2) If a private sector employer makes an offer to a transferred employee under subsection (1) after the end of the employee's first two years after becoming a transferred employee, an offer must also be made to the employee of public sector employment with a rate of pay that is at least equivalent to the rate of pay of the employee's position immediately before the employee's relocation to public sector employment.

                          (3) A transferred employee who is made an offer of a separation package under subsection (1) must be allowed—

                          (a)    if an offer of public sector employment is also made under subsection (2)—at least one month from the date of the offer of public sector employment to accept either of the offers;

                          (b)    in any other case—at least one month to accept the offer.

                          (4)  If a transferred employee has been offered both a separation package and public sector employment under this section and has failed to accept either offer within the period allowed, the employee is taken to have accepted the offer of a separation package.

                          (5) The employment of a transferred employee may not be terminated as a consequence of the employee's position being identified, within the employee's first two years after becoming a transferred employee, as surplus to a private sector employer's requirements unless the employee has accepted (or is taken to have accepted) an offer under this section or otherwise agreed to the termination.

                          (6) A separation package offered to a transferred employee under this section must include an offer of a payment of an amount not less than the lesser of the following:

                          (a)    (8 + 3CYS)WP;

                          (b)    104WP,

                  where—

                          CYS        is the number of the employee's continuous years of service in relevant employment determined in the manner fixed by the Minister by order in writing; and

                          WP         is the employee's weekly rate of pay determined in the manner fixed by the Minister by order in writing.

                          (7)  An order of the Minister—

                          (a)    may make different provision in relation to the determination of an employee's continuous years of service or weekly rate of pay according to whether the relevant employment was full-time or part-time, included periods of leave without pay or was affected by other factors; and

                          (b)    may be varied by the Minister by further order in writing made before any employee becomes a transferred employee; and

                          (c)    must be published in the Gazette.

                          (8)  A person who relocates to public sector employment as a result of acceptance of an offer under this section is taken to have accrued as an employee in public sector employment an entitlement to annual leave, sick leave and long service leave that is equivalent to the entitlements that the person had accrued, immediately before the relocation, as an employee of the private sector employer.

 

 

                          (9)  It is a condition of an offer of a separation package or public sector employment under this section that the employee waives any right to compensation or any payment arising from the cessation or change of employment, other than the right to superannuation payments or other payments to which the employee would be entitled on resignation assuming that the employee were not surplus to the employer's requirements.

                          (10) If an employee is relocated to public sector employment as a result of acceptance of an offer under this section—

                          (a)    the employee may not be retrenched from public sector employment; and

                          (b)    the employee's rate of pay in public sector employment may not be reduced except for proper cause associated with the employee's conduct or physical or mental capacity.

                          (11)  Subsection (1) does not apply if the action that a private sector employer takes as a consequence of an employee's position being identified as surplus to the employer's requirements consists only of steps to relocate the employee to another position in the employment of that employer or a related employer in the electricity supply industry with—

                          (a)    functions that are in their general nature the same as, or similar to, the functions of the surplus position; and

                          (ab) a principal workplace or principal work depot not more than 45 kilometres distant by the shortest practicable route by road from the principal workplace or principal work depot of the surplus position; and

                          (b)    a rate of pay that is at least equivalent to the rate of pay of the surplus position.

                          (12)  For the purposes of subsection (5), the employment of a transferred employee is taken not to have been terminated by reason only of the fact that the employee has been relocated to another position in the employment of the same employer or a related employer in the electricity supply industry if the rate of pay of that position is at least equivalent to the rate of pay of the employee's previous position.

                          (13)  In this section—

                          "award or agreement" means award or agreement under the Industrial and Employee Relations Act 1994 or the Workplace Relations Act 1996 of the Commonwealth as amended from time to time;

                          "electricity supply industry" has the same meaning as in the Electricity Act 1996;

                          "private sector employer" means—

                                    (a)    a purchaser under a sale/lease agreement or a company that was an electricity corporation or State-owned company before the shares in the company were transferred to a purchaser under a sale/lease agreement; or

                                    (b)    an employer who is related to a purchaser or company referred to in paragraph (a);

                          "public sector employment" means employment in the Public Service of the State, or by an instrumentality of the Crown or a statutory corporation;

                          "rate of pay" includes an amount paid to an employee to maintain the employee's rate of pay in a position at the same level as the rate of pay of a position previously occupied by the employee;

                          "relevant employment" means—

                                    (a)    employment by The Electricity Trust of South Australia, an electricity corporation or a State-owned company; or

                                    (b)    employment by a private sector employer;

                          "transferred employee" means an employee—

                                    (a)    who—

                                                (i)      was transferred by an employee transfer order to the employment of a purchaser under a sale/lease agreement; or

                                                (ii)     was in the employment of a company that was an electricity corporation or a State-owned company when the shares in the company were transferred to a purchaser under a sale/lease agreement; and

                                    (b)    who has remained continuously in the employment of that purchaser or company or in the employment of an employer related to that purchaser or company since the making of the relevant sale/lease agreement; and

                                    (c)    whose employment is subject to an award or agreement.

 

 

                          (14)  Employers are related for the purposes of this section if—

                          (a)    one takes over or otherwise acquires the business or part of the business of the other; or

                          (b)    they are related bodies corporate within the meaning of the Corporations Law; or

                          (c)    a series of relationships can be traced between them under paragraph (a) or (b).

 

 

PART 3B

LICENCES UNDER ELECTRICITY ACT

                  Licences under Electricity Act

                          15C. (1) The Minister may, by order in writing, require that a licence under the Electricity Act 1996 authorising specified operations be issued to a State-owned company, or to the purchaser under a sale/lease agreement, in accordance with specified requirements as to the term and conditions of the licence and rights conferred by the licence.

                          (2) The requirements of the Minister as to the conditions of a licence must be consistent with the provisions of the Electricity Act 1996 as to such conditions.

                          (3) The Minister may, by order in writing, require that a licence issued to a State-owned company in accordance with an order under subsection (1) be transferred to a purchaser under a sale/lease agreement.

                          (4) The Minister may, by order in writing, require that a licence issued to a purchaser in accordance with an order under subsection (1), or transferred to a purchaser in accordance with an order under subsection (3), be transferred to the transferee under a special order.

                          (5) An order under this section must be given effect to without the need for the State-owned company, or the purchaser, to apply for the licence or agreement to the transfer of the licence and despite the provisions of the Electricity Act 1996 and section 7 of the Independent Industry Regulator Act 1998.

                          (6)  An order may not be made more than once under this section for the issue of a licence in respect of the same electricity generating plant.

                          (7)  An order may not be made more than once under this section for the issue of a licence in respect of the same electricity retailing business.

                          (8)  A licence issued to a State-owned company in accordance with an order under this section may not be suspended or cancelled under the Electricity Act 1996 on the ground of any change that has occurred in the officers or shareholders of the company associated with the company's ceasing to be a State-owned company.

 

 

House of Assembly’s Amendment thereto:

        After subclause (2) in new clause 15AA insert:

          (2a)  The Auditor-General—

(a)    must incorporate in the report under subsection (2) a report on the probity of the processes leading up to the making of each relevant long term lease; and\

(b)    for that purpose may, before, during and after the completion of those processes, require reports from the person appointed by the Treasurer (or otherwise on behalf of the Crown) to be the probity auditor in relation to the making of that lease.

Legislative Council’s Amendment:

No. 57.     Page 18, lines 1 to 21 (Schedule 2) - Leave out Schedule 2 and insert new Schedule 2 as follows:

SCHEDULE 2

Related Amendments

PART 1

AMENDMENT OF DEVELOPMENT ACT 1993

         Interpretation

                  1.  The Development Act 1993 is referred to in this Part as "the principal Act".

         Amendment of s. 48—Governor to give decision on development

                  2.  Section 48 of the principal Act is amended by inserting in subsection (1)(b) "or 49A(19) " after "section 49(16a) ".

         Insertion of Part 4 Division 3A

                 3.  The following Division is inserted after section 49 of the principal Act:

 

 

DIVISION 3A

DEVELOPMENT INVOLVING ELECTRICITY INFRASTRUCTURE

                  Development involving electricity infrastructure

                          49A. (1) Subject to this section, if a prescribed person proposes to undertake development for the purposes of the provision of electricity infrastructure (within the meaning of the Electricity Act 1996), not being development of a kind referred to in section 49(2) or (3), the person must—

                          (a)     lodge an application for approval containing prescribed particulars with the Development Assessment Commission for assessment by the Development Assessment Commission; and

                          (b)     if the land in relation to which the development is proposed is within the area of a council—give notice containing prescribed particulars of the proposal to that council in accordance with the regulations.

                          (2)  No application for approval is required (either under this section or any other provision of this Act), and no notice to a council is required under subsection (1), if the development is of a kind excluded from the provisions of this section by regulation.

                          (3) The Development Assessment Commission may request the proponent to provide additional documents or information (including calculations and technical details) in relation to the application.

                          (4) A council may report to the Development Assessment Commission on any matters contained in a notice under subsection (1).

                          (5)  Where a notice is given to a council under subsection (1), and a report from the council is not received by the Development Assessment Commission within two months of the date of the notice, it will be conclusively presumed that the council does not intend to report on the matter.

                          (6) The Development Assessment Commission must assess an application lodged with it under this section and then prepare a report to the Minister on the matter.

                          (7)  If it appears to the Development Assessment Commission that the proposal is seriously at variance with—

                          (a)     the provisions of the appropriate Development Plan (so far as they are relevant); or

                          (b)     any code or standard prescribed by the regulations for the purposes of this provision,

                  specific reference to that fact must be included in the report.

                          (8)  If a council has, in relation to any matters referred to the council under subsection (1), expressed opposition to the proposed development in its report under subsection (4), a copy of the report must be attached to the Development Assessment Commission's report (unless the council has, since providing its report, withdrawn its opposition).

                          (9)  The Development Assessment Commission must, unless the Minister grants an extension of time, furnish its report within three months of its receipt of the relevant application.

                          (10) Where a request is made under subsection (3), any period between the date of request and the date of compliance is not to be included in the calculation of the three-month period under subsection (9).

                          (11) The Minister may, after receipt of the report of the Development Assessment Commission under this section (and after taking such action (if any) as the Minister thinks fit)—

                          (a)     approve the development; or

                          (b)     refuse to approve the development.

                          (12)  An approval may be given—

                          (a)     for the whole or part of a proposed development;

                          (b)     subject to such conditions as the Minister thinks fit.

                   (13)  An approval under this section will be taken to be given subject to the condition that, before any building work is undertaken, the building work be certified by a private certifier, or by some person determined by the Minister for the purposes of this provision, as complying with the provisions of the Building Rules to the extent that is appropriate in the circumstances.

                          (14)  A person acting under subsection (13) must—

                          (a)     seek and consider the advice of the Building Rules Assessment Commission before giving a certificate in respect of building work that would be at variance with the performance requirements of the Building Code; and

                          (b)     take into account the criteria, and comply with any requirement, prescribed by the regulations before giving a certificate in respect of building work that would otherwise involve a variance with the Building Rules,

                  and if the person gives a certificate that involves building work that is at variance with the Building Rules then the person must, subject to the regulations, specify the variance in the certificate.

                          (15) A person engaged to perform building work for a development approved under this section must—

 

 

                          (a)     ensure that the building work is performed in accordance with technical details, particulars, plans, drawings and specifications certified for the purposes of subsection (13); and

                          (b)     comply with the Building Rules (subject to any certificate under subsection (13) that provides for a variance with the Building Rules), and any other requirements imposed under this section.

                  Penalty:                 Division 4 fine.

                  Default penalty:    $200.

                          (16)  A person must not contravene, or fail to comply with, a condition of an approval under this section.

                  Penalty:                 Division 3 fine.

                  Additional penalty.

                  Default penalty:    $500.

                          (17)  If—

                          (a)     a council has, in a report under this section, expressed opposition to a development that is approved by the Minister (and the council has not, since providing its report, withdrawn its opposition); or

                          (b)     the Minister approves a development that is, according to the report of the Development Assessment Commission, seriously at variance with a Development Plan, or a prescribed code or standard,

                  the Minister must, as soon as practicable, prepare a report on the matter and cause copies of that report to be laid before both Houses of Parliament.

                          (18)  If the Minister approves a development under this section, no other procedure or requirement relating to the assessment of the development under this Act applies and no other development authorisation (including a certificate or approval under Part 6) is required under this Act, although the Minister may, if necessary for the purposes of any other Act, issue any other development authorisation under this Act (which will then be taken, for the purposes of that other Act, to have been issued by a relevant authority under this Act).

                          (19)  Despite a preceding subsection, if the Minister directs that an EIS, PER or DR be prepared with respect to a development otherwise within the ambit of this section then—

                          (a)     this section ceases to apply to the development; and

                          (b)     the proponent must not undertake the development without the approval of the Governor under section 48; and

                          (c)     unless section 48(2)(a) applies, the development becomes, according to a determination of the Major Developments Panel, subject to the processes and procedures prescribed by Division 2 with respect to the preparation and consideration of an EIS, a PER or a DR.

                          (20)  No appeal lies against a decision of the Minister under this section.

PART 2

AMENDMENT OF ELECTRICITY CORPORATIONS ACT 1994

         Interpretation

                  4.  The Electricity Corporations Act 1994 is referred to in this Part as "the principal Act".

         Amendment of long title

                  5. The long title of the principal Act is amended by striking out "to provide for the assets of electricity corporations to remain in public ownership;".

         Repeal of s. 3

                  6.  Section 3 of the principal Act is repealed.

         Insertion of s. 7A

                  7.  The following section is inserted after section 7 of the principal Act:

                  Power of Minister to vary functions

                          7A. The Minister may, by direction to an electricity corporation, relieve it of functions, add to its functions or otherwise vary its functions as the Minister considers necessary or expedient in consequence of—

                          (a)     action taken under the Electricity Corporations (Restructuring and Disposal) Act 1998; or

                          (b)     the operation of the National Electricity (South Australia) Law and the National Electricity Code (as defined in that Law).

         Amendment of s. 14—Establishment of board

                  8.  Section 14 of the principal Act is amended—

                  (a)    by striking out subsection (2) and substituting the following subsection:

                                    (2) The board consists of not less than four nor more than six members appointed by the Governor, of whom one may be the chief executive officer.;

                  (b)    by striking out subsection (4) and substituting the following subsection:

                                    (4) At least one member of the board must be a woman and one a man.;

                  (c)    by striking out from subsection (7) "an appointed director" and substituting "a director".

         Amendment of s. 15—Conditions of membership

                  9.  Section 15 of the principal Act is amended—

                 (a)    by striking out from subsection (2) "an appointed director" and substituting "a director";

 

 

                  (b)    by striking out from subsection (3) "an appointed director" and substituting "a director";

                  (c)    by striking out from subsection (4) "an appointed director" and substituting "a director".

         Amendment of s. 17—Remuneration

                  10. Section 17 of the principal Act is amended by striking out "An appointed director" and substituting "A director".

         Amendment of s. 18—Board proceedings

                  11.  Section 18 of the principal Act is amended by striking out subsection (1) and substituting the following subsection:

                                    (1) A quorum of the board consists of one-half of the total number of members of the board (ignoring any fraction resulting from the division) plus one.

         Amendment of s. 28—Establishment of board

                  12.  Section 28 of the principal Act is amended—

                  (a)    by striking out subsection (2) and substituting the following subsection:

                                    (2) The board consists of not less than four nor more than six members appointed by the Governor, of whom one may be the chief executive officer.;

                  (b)    by striking out subsection (4) and substituting the following subsection:

                                    (4) At least one member of the board must be a woman and one a man.;

                  (c)    by striking out from subsection (7) "an appointed director" and substituting "a director".

 

 

         Amendment of s. 29—Conditions of membership

                  13.  Section 29 of the principal Act is amended—

                  (a)    by striking out from subsection (2) "an appointed director" and substituting "a director";

                  (b)    by striking out from subsection (3) "an appointed director" and substituting "a director";

                  (c)    by striking out from subsection (4) "an appointed director" and substituting "a director".

         Amendment of s. 31—Remuneration

                  14. Section 31 of the principal Act is amended by striking out "An appointed director" and substituting "A director".

         Amendment of s. 32—Board proceedings

                  15. Section 32 of the principal Act is amended by striking out subsection (1) and substituting the following subsection:

                                    (1) A quorum of the board consists of one-half of the total number of members of the board (ignoring any fraction resulting from the division) plus one.

         Repeal of s. 47A

                  16. Section 47A of the principal Act is repealed.

         Amendment of s. 48—Mining at Leigh Creek

                  17. Section 48 of the principal Act is amended by striking out from subsection (1) "under an Act specifically authorising that sale, lease, contract or right" and substituting "as authorised by or under regulations made under the Electricity Corporations (Restructuring and Disposal) Act 1998".

PART 3

AMENDMENT OF ENVIRONMENT PROTECTION ACT 1993

         Interpretation

                  18. The Environment Protection Act 1993 is referred to in this Part as "the principal Act".

         Amendment of s. 7—Interaction with other Acts

                  19. Section 7 of the principal Act is amended by inserting before paragraph (a) of subsection (3) the following paragraph:

                                    (a1) the Electricity Corporations (Restructuring and Disposal) Act 1998; and.

PART 4

AMENDMENT OF MINING ACT 1971

         Interpretation

                  20. The Mining Act 1971 is referred to in this Part as "the principal Act".

         Amendment of s. 17—Royalty

                  21. Section 17 of the principal Act is amended by inserting in subsection (8) "or some other basis" after "recovered".

House of Assembly’s Amendment thereto:

         After section 49A(1) inserted by clause 3 of Schedule 2 insert:

                   (1a) This section does not apply to development for the purposes of the provision of

          (a)    electricity generting plant with a generating capacity of more than 30 MW; or

          (b)    a section of powerlines (within the meaning of the Electricity Act 1996) designed to convey electricity at more than 66kV extending over a distance of more than five kilometres.

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

                 Ordered - That the Message be taken into consideration forthwith.

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

 

 

 

In the Committee

 

                          Resolved - That the amendments made by the House of Assembly to Amendment Nos. 31, 44, 46 and 57 of the Legislative Council be agreed to.

_____________________

 

                 The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

 

 

  20.

Ordered - That the Council, at its rising, do adjourn until Tuesday, 6 July 1999, at fifteen minutes past two o’clock.

 

Next Day

of Sitting.

 

  21.

Ordered - That the remaining Orders of the Day (Private Business) be Orders of the Day for Wednesday, 7 July 1999.

 

Postponement

of Business.

  22.

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

 

Postponement

of Business.

23.

Council adjourned at thirteen minutes to five o’clock until Tuesday, 6 July 1999, 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. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. C. A. Pickles

The Hon. A. J. Redford

The Hon. R. R. Roberts

 

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo