SOUTH AUSTRALIA]

No. 76

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  18  OCTOBER 2005

 

 

 

   1.

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

                 The President read prayers.

 

Meeting of
Council.

 

    2.

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

Message No. 14.

                 The Governor informs the Legislative Council that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the present Session, viz.:

                 No. 44 of 2005 - An Act to amend the Superannuation Funds Management Corporation of South Australia Act 1995.

                 No. 45 of 2005 - An Act to amend the Dog Fence Act 1946.

                 No. 46 of 2005 - An Act to amend the Correctional Services Act 1982.

Government House, Adelaide, 18 October 2005.            MARJORIE JACKSON-NELSON, Governor.

 

Message from
Governor:
Assent to Bills.

 

   3.

The Minister for Industry and Trade (The Hon. P. Holloway), by leave, without notice, moved - That the sitting of the Council be not suspended during the continuation of the Conference on the Statutes Amendment and Repeal (Aggravated Offences) Bill.

                 Question put and passed.

 

Statutes Amendment
and Repeal
(Aggravated
Offences) Bill.

 

    4.

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

        By the Minister for Industry and Trade (The Hon. P. Holloway) -

                 Reports, 2004-2005 -

                          Code Registrar for the National Third Party Access Code for Natural Gas Pipeline Systems.

                          Commissioner for Public Employment.

                          Department of Treasury and Finance.

                          Distributor Lessor Corporation.

                          Electricity Supply Industry Planning Council.

                          Essential Services Commission of South Australia.

                          Funds SA.

                          Generation Lessor Corporation.

                          Lotteries Commission of South Australia.

                          Motor Accident Commission.

                          Police Superannuation Board.

                          RESI Corporation.

                          SAICORP - South Australian Government Captive Insurance Corporation.

Papers.

 

 

                          South Australia Police.

                          South Australian Asset Management Corporation.

                          South Australian Classification Council.

                          South Australian Government Financing Authority.

                          South Australian Motor Sport Board.

                          South Australian Parliamentary Superannuation Scheme.

                          South Australian Superannuation Board.

                          State Emergency Management Committee.

                          Technical Regulator - Electricity.

                          Technical Regulator - Gas.

                          Transmission Lessor Corporation.

                          Venture Capital Board.

                 Report and Determination of the Remuneration Tribunal - Members of the Judiciary, Members of the Industrial Relations Commission, Commissioners of the Environment, Resources and Development Court (No. 3 of 2005).

                 Statutes Amendment (Relationships) Bill 2004 - Government’s Response to the Recommendations of the Twenty-First Report of the Social Development Committee.

                 Regulations under the following Acts -

                          Motor Vehicles Act 1959 - Prescribed Licences.

                          Passenger Transport Act 1994 - Airport Service Fee.

                          Southern State Superannuation Act 1994 - Death Insurance Benefits.

                 Rules of Court -

                          Coroner’s Court - Coroners Act 2003 - Practice and Procedure.

                 Rules under Acts  -

                          Legal Practitioners Education and Admission Council 2004 - Renewal of Practising Certificate.

                 Motor Accident Commissioner Charter.

                 Summary Offences Act 1953 (Section 83B) - Dangerous Area Declarations - 1 April 2005 to 30 June 2005.

                 Summary Offences Act 1953 (Section 74B) - Road Block Establishment Authorisations - 1 April 2005 to 30 June 2005.

        By the Minister for Urban Development and Planning (The Hon. P. Holloway) -

                 Removal of a Significant Tree at the Norwood Morialta High School - Section 49(15)(a) Development Act 1993.

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

                 Reports, 2004-2005 -

                          Carrick Hill.

                          Department of Families and Communities.

                          History Trust of South Australia.

                          HomeStart Finance.

                          Libraries Board of South Australia.

                          Playford Centre.

                          State Theatre Company of South Australia.

                           Supported Residential Facilities Advisory Committee.

                          The State Opera of South Australia.

                          Windmill Performing Arts Company.

                 Regulations under the following Acts -

                          Freedom of Information Act 1991 - Exempt Agencies.

                          Liquor Licensing Act 1997 - Long Term Dry Areas -

                                   Golden Grove.

                                   Renmark.

        By the Minister for Emergency Services (The Hon. C. Zollo) -

                 Primary Industry Funding Schemes Act 1998 - Marine Scalefish Industry Fund - Report, 2003-2004.

                 Reports, 2004-2005 -

                          Boundary Adjustment Facilitation Panel.

                          Forestry SA.

                          Local Government Finance Authority of South Australia.

                          Mallee Health Service.

                          Mt. Barker and District health Services Inc. - Incorporating Mt. Barker District Soldiers Memorial Hospital and Adelaide Hills Community Health Services.

 

 

 

                          Naracoorte Health Service Inc.

                          Podiatry (Chiropody) Board of South Australia.

                 Regulations under the following Acts -

                          Aquaculture Act 2001 - General.

                          Fire and Emergency Services Act 2005 - General.

                           Fisheries Act 1982 -

                                   Pilchard Fishery Transit Form.

                                   Pilchards.

                                   Prescribed Fishing Activities.

                                   Vessel Monitoring Scheme.

                          Health and Community Services Complaints Act 2004 - Definition of Community Service.

                          Local Government Act 1934 -

                                   Cemetery.

                                   Exhumation of Human Remains.

                 Rules under Act -

                          Local Government Act 1999 -

                                   Rule Amendments by the Local Government Superannuation Board -

                                              Conversion to Cash Option.

                                              Employer Contributions.

                 By-laws under Act -

                          South Australian Health Commission Act 1976 -

                                   Flinders Medical Centre.

                                   Modbury Hospital.

                 District Council By-laws -

                          Le Hunte -

                                   No. 3 - Local Government Land.

                                   No. 4 - Permits and Penalties.

 

 

 

    5.

The Hon. J. M. Gazzola brought up the Report of the Occupational Safety, Rehabilitation and Compensation Committee, 2004-2005.

 

 

Occupational Safety,
Rehabilitation and
Compensation Committee - Report,
2004-2005.

 

 

    6.

The Hon. R. K. Sneath brought up the Report of the Natural Resources Committee, November 2003-June 2005.

 

Natural Resources
Committee -
Report,
November 2003-
June 2005.

 

 

   7.

The Minister for Industry and Trade, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. T. G. Cameron to complete his question to him and for the Minister to complete his reply.

                 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.

 

   8.

The Minister for Industry and Trade, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Public Finance and Audit Act 1987.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Industry and Trade then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. D. Lawson, the debate was adjourned until next day of sitting.

 

Public Finance and
Audit (Auditor-
General’s Powers)
Amendment Bill.

 

   9.

The Minister for Industry and Trade, according to order, moved - That the Guardianship and Administration (Miscellaneous) Amendment Bill be now read a second time.

                 On motion of the Hon. J.M.A. Lensink, the debate was adjourned until next day of sitting.

 

Guardianship and
Administration
(Miscellaneous)
Amendment Bill.

 

 

10.

Ordered - That Order of the Day (Government Business) No. 2 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

11.

Ordered - That Orders of the Day (Government Business) No. 3 and No. 4 be postponed and taken into consideration after Order of the Day (Government Business) No. 5.

 

Postponement
of Business.

 

12.

On the Order of the Day being read for the adjourned debate on the question - That the Pitjantjatjara Land Rights (Miscellaneous) 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. 4 agreed to.

                          Clause No. 5 read.

                 The Hon. K. J. Reynolds moved on page 4, after line 2, to insert the following:

“Aboriginal Lands Parliamentary Standing Committee means the committee of that name established under the Aboriginal Lands Parliamentary Standing Committee Act 2003;”.

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

                 The Hon. K. J. Reynolds moved on page 4, line 6, to delete “Ngaanyatjara” and insert “Ngaanyatjarra”.

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

                 The Hon. K. J. Reynolds moved on page 4, line 6, after “Yankunytjatjara” to insert “or by an Administrator”.

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

                          Clause No. 5 agreed to.

                          Clause No. 6 read.

                 The Hon. K. J. Reynolds moved on page 4, lines 30 and 31, to leave out paragraph (a) and insert new paragraph as follows:

     “(a)      to acknowledge and support Anangu ownership of the lands and to make provision for that support;”.

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

                          Clause No. 6 agreed to.

                          Clause No. 7 read.

                 The Hon. K. J. Reynolds moved on page 5, line 15, to leave out “any 2 of the following” and insert “2 of the following (1 of whom must be the Chairperson or the Deputy Chairperson)”.

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

                          Clause No. 7 agreed to.

                          Clause No. 8 read.

                 The Hon. K. J. Reynolds moved on page 5, lines 27 to 29, to leave out subclause (2) and insert new subclause as follows:

     “(2)      Section 6(2)(b)(i)—delete "any period it thinks fit, in respect of any part of the lands (being a part of the lands vested in Anangu Pitjantjatjara) to a Pitjantjatjara or an organisation comprised of Pitjantjatjaras" and substitute:

a period not exceeding 99 years, in respect of any part of the lands to an Anangu or an organisation comprised solely of Anangu”.

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

                          Clause No. 8 agreed to.

                          Clause No. 9 read.

                 The Hon. K. J. Reynolds moved on page 6, after line 31, to insert new subclause as follows:

    “(1a)     Section 8(3)—delete "shall be held not more than fifteen months after the last preceding annual general meeting" and substitute:

must be held in September or October of each year”.

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

Pitjantjatjara
Land Rights
(Miscellaneous)
Amendment Bill.

 

 

                 The Hon. K. J. Reynolds moved on page 6, after line 41, to insert new subclause as follows:

     “(3)      Section 8—after subsection (4) insert:

(5)     Despite any other provision of this Act, a quorum of an annual general meeting of Anangu Pitjantjatjara Yankunytjatjara is 100 people, which must include not less than 10 members from each of at least 6 electorates (and, to avoid doubt, a resolution made at a meeting that is inquorate is void and of no effect).

(6)     The Executive Board must have accurate minutes kept of an annual general meeting or special general meeting of Anangu Pitjantjatjara Yankunytjatjara.

(7)     Any Anangu is entitled to inspect (without charge) the minutes at the places on the lands, and during the times, nominated by the Executive Board and approved by the Minister.

(8)     Any Anangu is entitled, on payment of the fee prescribed by the regulations, to a copy of the minutes.”.

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

                          Clause No. 9 agreed to.

                          Clause No. 10 read.

                 To report progress and ask leave to sit again.

_____________________

 

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

 

 

 

13.

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

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

 

Suspension and
Resumption of
Sitting.

 

14.

Ordered - That Order of the Day (Government Business) No. 3 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

  15.

Ordered - That Order of the Day (Government Business) No. 4 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

16.

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

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for next day of sitting.

 

Defamation Bill.

 

17.

Ordered - That Order of the Day (Government Business) No. 7 be an Order of the Day for next day of sitting.

 

Postponement
 of Business.

 

18.

Ordered - That Order of the Day (Government Business) No. 8 be postponed and taken into consideration after Order of the Day (Government Business) No. 9.

 

Postponement
of Business.

 

  19.

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

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for next day of sitting.

 

Justices of the
Peace Bill.

 

20.

Ordered - That Order of the Day (Government Business) No. 8 be postponed and taken into consideration after Order of the Day (Government Business) No. 10.

 

Postponement
of Business.

 

21.

On the Order of the Day being read for the adjourned debate on the question - That the Corporations (Commonwealth Powers) (Extension of Period of References) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. T. J. Stephens, the debate was adjourned until next day of sitting.

 

Corporations
(Commonwealth
Powers) (Extension
of Period of
References)
Amendment Bill.

 

22.

On the Order of the Day being read for the adjourned debate on the question - That the Local Government (Financial Management and Rating) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until next day of sitting.

 

Local Government
(Financial
Management
and Rating)
Amendment Bill.

 

23.

Ordered - That Orders of the Day (Government Business) No. 11 to No. 13 be Orders of the
Day for next day of sitting.

 

Postponement
of Business.

 

24.

On the Order of the Day being read for the adjourned debate on the question - That the Maritime Services (Access) (Functions of Commission) 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. 4 agreed to.

                          Title agreed to.

_____________________

 

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

                 The Minister for Industry and Trade, 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.

 

Maritime Services
(Access) (Functions
of Commission)
Amendment Bill.

 

25.

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

 

In the Committee

 

                 The Hon. S. M. Kanck moved on page 6, after line 41, to insert new clause as follows:

“9A—Insertion of section 8A

After section 8 insert:

8A—Special report

(1)        The Executive Board must, at each annual general meeting, present a report on the operation of the Executive Board.

(2)        The report must contain—

(a)     the information prescribed by the regulations; and

(b)    be made available to Anangu in the form specified in the regulations.

(3)        An Anangu is entitled to inspect (without charge) the most recent report presented under this section at the places on the lands, and during the times, nominated by the Executive Board and approved by the Minister.

(4)        An Anangu is entitled, on payment of the fee prescribed by the regulations, to a copy of the report.

(5)        This section is in addition to, and does not derogate from, any other provision of this or any other Act requiring the Executive Board to provide a report.”.

                 Question - That new clause No. 9A as proposed to be inserted by the Hon. S. M. Kanck, be so inserted - put and negatived.

                          Clause No. 10 read.

                 The Hon. S. M. Kanck moved on page 7, line 4, to leave out “10” and insert “11”.

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

                 The Hon. S. M. Kanck moved on page 7, lines 6 to 8, to leave out subsection (2a) and insert the following:

“(2a)    Subject to subsection (3), a person may not be a member of the Executive Board while holding office—

(a)     as the Director of Administration; or

(b)    as the General Manager; or

(c)     as an employee of Anangu Pitjantjatjara Yankunytjatjara; or

(d)    in a position, and in a body, specified in the regulations.

   (3)     The Minister may, by notice in writing, exempt a person from the operation of subsection (2a)(d) (and such an exemption may be subject to any condition the Minister thinks fit and may be varied or revoked by the Minister at any time).”.

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

                 The Hon. S. M. Kanck moved on page 7, line 16, to leave out “3” and insert “6”.

                          To report progress and ask leave to sit again.

_____________________

 

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

 

Pitjantjatjara
Land Rights
(Miscellaneous)
Amendment Bill.

 

26.

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

                 Debate resumed.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until next day of sitting.

 

Carers
Recognition Bill.

 

27.

Ordered - That Order of the Day (Government Business) No. 16 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

28.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 118 from the House of Assembly relating to the Parliamentary Committees (Public Works) Amendment Bill.

 

In the Committee

 

                          Resolved - That the Amendments be insisted on.

_____________________

 

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

 

Parliamentary
Committees
(Public Works)
Amendment Bill.

 

29.

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

Message No. 119

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Broken Hill Proprietary Company’s Steel Works Indenture Act 1958, without any amendment.

House of Assembly, 18 October 2005.                                                                   R. B. SUCH, Speaker.

Messages from
House of Assembly:
Broken Hill
Proprietary
Company’s Steel
Works Indenture
(Environmental
Authorisation)
Amendment Bill.

 

 

Message No. 120

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Liquor Licensing Act 1997, to which it desires the concurrence of the Legislative Council.

House of Assembly, 18 October 2005.                                                                   R. B. SUCH, Speaker.

                 Bill read a first time.

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

                 On motion of the Hon. R. I. Lucas, the debate was adjourned until next day of sitting.

 

Liquor Licensing
(Exemption for
Tertiary Institutions)
Amendment Bill.

 

 

Message No. 121

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Bail Act 1985, the Criminal Law (Sentencing) Act 1988, the District Court Act 1991, the Magistrates Court Act 1991 and the Supreme Court Act 1935, without any amendment.

House of Assembly, 18 October 2005.                                                                   R. B. SUCH, Speaker.

Statutes Amendment
(Intervention
Programs and
Sentencing
Procedures)
Amendment Bill.

30.

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

 

In the Committee

 

                          Clause No. 10 - To which the Hon. S. M. Kanck had moved an amendment on page 7, line 16, to leave out “3” and insert “6” - further considered.

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

                 The Hon. S. M. Kanck moved on page 7, lines 19 to 29, to leave out subsections (9) to (11) and insert the following:

“(9)      A member of the Executive Board must, within 3 months after being elected or appointed, commence a course of training related to corporate governance.”.

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

                          Clause No. 10 agreed to.

                          Clause No. 11 read.

                 The Hon. S. M. Kanck moved on page 8, after line 40, to insert new subclause as follows:

“(6)      If the Minister determines to not approve the proposed allowance, the Minister must prepare a written report of the reasons for the determination, and a copy of the report must be provided, as soon as is practicable, to the Executive Board and to the Aboriginal Lands Parliamentary Standing Committee.”.

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

                          Clause No. 11 agreed to.

                          Clause No. 12 agreed to.

                          Clause No. 13 read.

                 The Hon. K. J. Reynolds moved on page 17, lines 29 to 31, to leave out subsection (2).

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

                 The Hon. K. J. Reynolds moved on page 17, lines 32 and 33, to leave out “audit the accounts of Anangu Pitjantjatjara Yankunytjatjara at any time” and insert “at any time, and must at least once in each year, audit (without fee) the accounts of Anangu Pitjantjatjara Yankunytjatjara”.

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

                          Clause No. 13 agreed to.

                          Clause No. 14 read.

                 The Hon. K. J. Reynolds moved on page 18, after line 35, to insert new subclause as follows:

“(7)      If the Minister determines to not approve the proposed budget, the Minister must prepare a written report of the reasons for the determination, and a copy of the report must be provided, as soon as is practicable, to the Executive Board and to the Aboriginal Lands Parliamentary Standing Committee.”.

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

                 The Hon. K. J. Reynolds moved on page 18, line 39, to leave out “will” and insert “may”.

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

                 The Hon. K. J. Reynolds moved on page 25, after line 27, to insert new paragraph as follows:

“(ab)    neither the Director of Administration nor the General Manager may be appointed as Administrator;”.

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

                          Clause No. 14 agreed to.

                          Clause No. 15 read.

                 The Hon. K. J. Reynolds moved on page 27, line 23, before “Anangu” to insert “Subject to this Act,”.

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

                          Clause No. 15 agreed to.

                          Clauses No. 16 to No. 19 agreed to.

                          Clause No. 20 read.

Pitjantjatjara
Land Rights
(Miscellaneous)
Amendment Bill.

 

                 The Hon. K. J. Reynolds moved on page 29, line 25, to leave out all words in this line and insert the following:

“(1)      Section 22(1)—delete "Royalty" and substitute:

             Despite a provision of any other Act or law, royalty

  (2)      Section 22(2)(a)—delete "one-third" and substitute:

             50 per cent

 (3)       Section 22(2)(b)—delete "one-third" and substitute:

             50 per cent

(4)        Section 22(2)(c)—delete paragraph (c)

(5)        Sections 22(3) and (4)—delete subsections (3) and (4)”.

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

                          Clause No. 20 agreed to.

                          Clauses No. 21 to No. 25 agreed to.

                          Clause No. 26 read.

                 The Hon. K. J. Reynolds moved on page 30, lines 16, 17 and 18, to leave out subclause (1) and insert new subclause as follows:

 “(1)  Section 36(1)—delete "Any Pitjantjatjara who is aggrieved by a decision or action of Anangu Pitjantjatjara, or any of its members" and substitute:

         An Anangu who is aggrieved by a decision or action of Anangu Pitjantjatjara Yankunytjatjara or the Executive Board”.

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

                 The Hon. K. J. Reynolds moved on page 30, line 23, after “is” to insert “trivial,”.

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

                          Clause No. 26 otherwise amended and agreed to.

                          Clause No. 27 agreed to.

                          Clause No. 28 read.

                 The Hon. K. J. Reynolds moved on page 31, after line 28, to insert new subclauses as follow:

“(2)   The Minister responsible for the administration of the Pastoral Land Management and Conservation Act 1989 must, on or before 31 December in each year, present to the Aboriginal Lands Parliamentary Standing Committee and to the Executive Board a report on the depasturing of stock on the lands.

 (3)    A report under subsection (2) must contain the following information:

(a)     the number of livestock grazed on the lands during the previous financial year;

(b)     an inventory of any grazing licences and leases that operated on the lands during the previous financial year, including the names of the persons or bodies holding those licences or leases;

(c)     an account of the monies received by Anangu Pitjantjatjara Yankunytjatjara from grazing licences and leases during the previous financial year;

(d)     a summary of the findings of any assessment and monitoring program conducted by the Pastoral Land Management Group to ensure that grazing ventures operating on the lands are not impacting on the long-term sustainability of the lands.”.

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

                          Clause No. 28 agreed to.

                          Clause No. 29 agreed to.

                          Clause No. 30 being a money clause, no question was put on the clause.

                          Clause No. 31 agreed to.

                          Clause No. 32 read.

                 The Hon. K. J. Reynolds moved on page 34, line 25, to leave out “third” and insert “second”.

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

                 The Hon. K. J. Reynolds moved on page 34, line 22, to leave out “six” and insert “3”.

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

                          Clause No. 32 otherwise amended and agreed to.

                          Schedule read.

                 The Hon. K. J. Reynolds moved on page 34, after line 34, to insert the following:

“3     Section 8(3) of the Pitjantjatjara Land Rights Act 1981 as amended by this Act does not apply to the first annual general meeting held after the commencement of this clause.”.

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

                          Schedule agreed to.

                          Title agreed to.

_____________________

 

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

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

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

31.

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

 

Postponement
of Business.

32.

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

Message No. 122

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Local Government Act 1999; and to make a related amendment to the Development Plan under the Development Act 1993, to which it desires the concurrence of the Legislative Council.

House of Assembly, 18 October 2005.                                                                   R. B. SUCH, Speaker.

                 Bill read a first time.

                 The Minister for Industry and Trade then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. D. Lawson, the debate was adjourned until next day of sitting.

 

Messages from
House of Assembly:
Local Government
(Lochiel Park Lands)
Amendment Bill.

 

 

Message No. 123

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to provide for the construction and operation of a tramline in Victoria Square; to provide for the designation of certain land within Victoria Square as park land; to make a related amendment to the Passenger Transport Act 1994; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 18 October 2005.                                                                   R. B. SUCH, Speaker.

                 Bill read a first time.

                 The Minister for Industry and Trade then moved - That this Bill be now read a second time.

                 On motion of the Hon. T. J. Stephens, the debate was adjourned until next day of sitting.

Victoria Square
Bill.

33.

Council adjourned at eight minutes past eleven o’clock until tomorrow at fifteen minutes past two o’clock.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. P. Holloway

 

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

 

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. C. Zollo