SOUTH AUSTRALIA]

No. 39

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  25  MARCH  2004

 

 

 

   1.

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

                 The President read prayers.

 

Meeting of
Council.

 

   2.

The Minister for Industry, Trade and Regional Development (The Hon. P. Holloway), without notice, moved - That the Standing Orders be so far suspended as to enable Petitions, the Tabling of Papers and Question Time 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.

 

   3.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 7 be postponed and taken into consideration after Order of the Day (Private Business) No. 8.

 

Postponement
of Business.

 

   4.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Genetically Modified Crops Management Bill.

 

In the Committee

 

                          Clauses No. 1 and No. 2 agreed to.

                          Clause No. 3 read.

                 The Hon. I. Gilfillan moved on page 3, after line 9, to insert the following:

                          “Court means the Environment, Resources and Development Court;”.

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

                 The Hon. I. Gilfillan moved on page 3, line 25, to leave out the definition of designated area and insert the following:

                          “designated area means—

                                   (a)      the area designated by section 4A; or

                                   (b)     an area designated by regulation under section 5;”.

                 Question - That the amendment be agreed to - put.

Genetically Modified
Crops Management
Bill.

 

 

             Committee divided:

Ayes, 6

The Hon. A. L. Evans

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. I. Gilfillan (Teller)

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 13

The Hon. J.S.L. Dawkins

The Hon. G. E. Gago

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                 The Hon. N. Xenophon moved on page 3, after line 25, to insert the following:

                          “excluded area means an area designated by section 7A;”.

                 Question - That the amendment be agreed to - put.

 

 

 

             Committee divided:

Ayes, 6

The Hon. A. L. Evans

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. J. F. Stefani

The Hon. N. Xenophon (Teller)

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 13

The Hon. J.S.L. Dawkins

The Hon. G. E. Gago

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                          Clause No. 3 agreed to.

                          Clause No. 4 agreed to.

                          Clause No. 5 read.

                 The Hon. I. Gilfillan moved on page 5, after line 38, to insert the following:

                          “(c)  if a person has a right of appeal under section 6A on the basis of a representation made under paragraph (a)(ii)—

                                    (i)      the time within which an appeal may be commenced has expired; or

                                    (ii)     if an appeal is commenced, the appeal is dismissed, struck out or withdrawn, or the questions raised by the appeal have been finally determined (disregarding any question as to costs).”.

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

                 The Hon. N. Xenophon moved on page 7, line 3, to leave out “$100 000” and insert
“$5 000 000”.

                 Amendment, by leave, withdrawn.

                          Clause No. 5 otherwise amended and agreed to.

                          Clause No. 6 read.

                 The Hon. I. Gilfillan moved on page 7, lines 13 and 14, to leave out subparagraph (ii).

                 The Hon. C. V. Schaefer moved on page 7, lines 13 and 14, to leave out “or small scale” and insert “and contained basis”.

                 Question - That all words in line 13 down to but excluding “or small scale”, stand as printed - put.

 

 

 

             Committee divided:

Ayes, 13

The Hon. J.S.L. Dawkins

The Hon. G. E. Gago

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

      So it was resolved in the affirmative.

 

Noes, 5

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. I. Gilfillan (Teller)

 

 

 

                 Question - That the amendment moved by the Hon. C. V. Schaefer 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.

 

 

 

   5.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 6 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

   6.

Ordered - That Orders of the Day (Government Business) No. 7 and No. 9 be postponed and taken into consideration after Order of the Day (Government Business) No. 10.

 

Postponement
of Business.

 

   7.

On the Order of the Day being read for the adjourned debate on the motion of the Minister for Aboriginal Affairs and Reconciliation - That this Council, pursuant to section 16(1) of the Aboriginal Lands Trust Act 1966, recommends that Allotment 21 in the plan deposited in the Lands Titles Registration Office, No. DP 58704 (being a portion of the land comprised in Crown Record Volume 5407 Folio 615), be transferred to the Aboriginal Lands Trust (subject to an easement to the South Australian Water Corporation marked A in the deposited plan and to an easement to ETSA Transmission Corporation marked B in the deposited plan):

                 Debate resumed.

                 Question put and passed.

 

Transfer of
Certain Land to
Aboriginal Lands
Trust -
Motion re.

 

   8.

At eleven 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.

 

   9.

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

                 By the Hon. S. M. Kanck from 182 residents of South Australia concerning nuclear reactors at Lucas Heights.  The Petitioners pray that this Honourable House will call on the Federal Government to halt the nuclear reactor project and urgently seek alternative sources for medical isotopes and resist at every turn the plan to make South Australia the nation’s nuclear waste dumping ground.

 

Petition -
No. 4 - Nuclear
Reactors
at Lucas Heights.

 

 

10.

The Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) tabled a copy of a Ministerial Statement made by the Minister for Environment, Resources and Development (The Hon. J. D. Hill, M.P.) concerning the Upper South East Dryland Salinity and Flood Management Program Northern Catchment Drains.

 

Ministerial
Statement Tabled.

 

11.

Answers to Questions on Notice Nos. 103 and 243 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to
Questions on
Notice.

 

12.

The Minister for Industry, Trade and Regional Development tabled a copy of a Ministerial Statement made by the Minister for Transport (The Hon. P. L. White, M.P.) concerning B-Double Vehicle Permits in the South East.

 

Paper Tabled.

 

13.

The Minister for Industry, Trade and Regional Development tabled a copy of a Ministerial Statement made by the Minister for Transport concerning the Transfer of Murray Street, Gawler, back to the Local Community.

 

Paper Tabled.

 

14.

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

 

In the Committee

 

                          Clause No. 6 further considered.

                 The Hon. I. Gilfillan moved on page 7, after line 14, to insert the following:

                          “(ab)    the Minister has—

                                       (i)      by notice issued in accordance with the regulations, informed the occupiers of land within the surrounding area that the conferral of an exemption has been under consideration; and

                                       (ii)     allowed any occupier of land within the surrounding area to make representations in writing to the Minister over a period of at least 6 weeks specified in the notice; and

                                       (iii)    given consideration to any representations received under subparagraph (ii); and”.

                 Question - That the amendment be agreed to - put.

Genetically Modified
Crops Management
Bill.

 

 

             Committee divided:

Ayes, 6

The Hon. A. L. Evans

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. I. Gilfillan (Teller)

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 13

The Hon. J.S.L. Dawkins

The Hon. G. E. Gago

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                 The Hon. N. Xenophon moved on page 7, after line 19, to insert the following:

                          “(3a)    An exemption under subsection (2)(a)(ii) may only relate to a genetically modified food crop that is to be cultivated over an area that is less than 0.5 hectares.”.

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

                          Clause No. 6, as amended and otherwise amended, agreed to.

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

             6A—Protocols

(1)     The Advisory Committee must develop and maintain a set of protocols relating to the segregation of various classes of genetically modified food crops, and of GM related material, from other crops, materials, products or things during each step associated with the cultivation, handling, transportation, storage and delivery of crops and associated products.

(2)     In developing or reviewing the protocols, the Advisory Committee must invite submissions from, and consult with (to such extent as may be reasonable), interested persons with a view to obtaining a wide range of views in relation to the matters under consideration.

(3)     The Advisory Committee must complete a first set of protocols within 18 months after the commencement of this Act.

(4)     The Advisory Committee must, after completing the protocols—

          (a)     provide a copy of the protocols (and a copy of the protocols as revised from time to time) to the Minister and to the Natural Resources Committee of Parliament; and

 

 

 

          (b)    on an annual basis, provide a report on the operation of the protocols to the Minister and to the Natural Resources Committee of Parliament.

(5)     The protocols are to be taken into account in connection with the operation of sections 5 and 6.”.

                 Question - That new Clause No. 6A, as proposed to be inserted by the Hon. C. V. Schaefer, be so inserted - put and negatived.

                          Clauses No. 7 and No. 8 agreed to.

                          Clause No. 9 amended and agreed to

                          Clauses No. 10 and No. 11 agreed to.

                          Clause No. 12 struck out.

                          New clause No. 12 inserted.

                          Clauses No. 13 to No. 17 agreed to.

                 The Hon. N. Xenophon moved on page 11, after line 1, to insert new clause as follows:

17A—Register

    (1)    The Minister must keep a register of—

             (a)    all genetically modified food crops cultivated in designated areas; and

             (b)    all genetically modified food crops cultivated pursuant to exemption notices.

    (2)    The register must set out, in relation to each genetically modified food crop required to be registered—

             (a)    the type of crop; and

             (b)    the name of the person responsible for the cultivation of the crop; and

             (c)    the size of the crop; and

             (d)    the place where the crop is being cultivated; and

             (e)    the date (or anticipated date) of planting; and

             (f)     in relation to a crop cultivated pursuant to an exemption notice—any conditions of exemption,

             and the register may contain such other information as the Minister thinks fit.

    (3)    The register must be kept at the principal office of the Department and must be made available for public inspection during ordinary office hours.

    (4)    No charge may be imposed for the inspection of the register but the Minister may fix fees for the supply of copies of the register or for extracts from the register.”.

                 Question - That new Clause No. 17A, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and negatived.

                          Clauses No. 18 to No. 26 agreed to.

                 The Hon. N. Xenophon moved on page 14, after line 20, to insert new clauses as follows:

26A—Public liability insurance

             A person must not—

             (a)    cultivate a genetically modified food crop within a designated area; or

             (b)    sell a genetically modified food crop cultivated within a designated area,

             unless there is in force a policy of public liability insurance indemnifying the person in an amount of at least $20 000 000 in relation to economic loss that may be suffered by another person on account of the cultivation or sale of the crop.

             Maximum penalty: $20 000.

26B—Notification of planting a crop

    (1)    A person must not plant a genetically modified food crop within a designated area unless the person has, in the manner prescribed by the regulations, informed the occupiers of land within the surrounding area of the intention to plant the crop.

             Maximum penalty: $20 000.

    (2)    For the purposes of subsection (1), the surrounding area will be taken to be the area within a 10 kilometre radius from the place where the relevant crop is to be planted.”.

                 Question - That new Clause No. 26A, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and negatived.

                 Question - That new Clause No. 26B, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and negatived.

Clause No. 27 agreed to.

 

 

 

                 The Hon. I. Gilfillan moved on page 15, after line 9, to insert new clause as follows:

             27A—Responsibility for damage or loss

                  (1)    If—

(a)     genetically modified plant material is present on any land, or in any food crop or product derived from a food crop; and

(b)     the existence of the genetically modified plant material is attributable to the spread, dissemination or persistence of the material; and

(c)     a person suffers damage or loss on account of the presence of the genetically modified plant material; and

(d)     the person did not knowingly introduce the genetically modified plant material to the relevant land, or to the food crop or product derived from a food crop,

                          then the person who has suffered that damage or loss is entitled to claim damages against any person who has a proprietary interest in the genetically modified plant material.

                  (2)    An action for damages under this section will be in the nature of an action in tort but it will not be necessary for a plaintiff to establish negligence.

                  (3)    However, it is a defence to a claim for damages under this section for a person with a proprietary interest in the relevant genetically modified plant material to prove—

(a)     that the person was not responsible for the spread, dissemination or persistence of the material; and

(b)     that the person had, through the production and distribution of comprehensive instructions, and the taking of other action, taken reasonable steps to promote the taking of measures of the highest standard to prevent the spread, dissemination or persistence of the material; and

(c)     that the spread, dissemination or persistence of the material is attributable, wholly or substantially, to the willful, reckless or grossly negligent acts of a third party.

                  (4)    This section does not limit or derogate from any other civil right or remedy that a person may have apart from this section but nothing in this section is intended to allow a person to be compensated more than once for the same damage or loss.

                  (5)    For the purposes of this section, a person has a proprietary interest in any genetically modified plant material if the person—

(a)     holds a patent or other form of registered interest; or

(b)     is the owner of intellectual property.

                          with respect to the material.

                  (6)    In this section—

                          genetically modified plant material has the same meaning as in section 27.”.

                 Question - That new Clause No. 27A, as proposed to be inserted by the Hon. I. Gilfillan, be so inserted - put.

 

 

 

             Committee divided:

Ayes, 6

The Hon. A. L. Evans

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. I. Gilfillan (Teller)

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 13

The Hon. J.S.L. Dawkins

The Hon. G. E. Gago

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                          Clauses No. 28 and No. 29 agreed to.

                          Schedule read.

                 The Hon. C. V. Schaefer moved on page 16, line 12, after “regulation” to insert “that applies in relation to Kangaroo Island (and no other part of the State) and”.

                 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 Industry, Trade and Regional Development, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 The Minister for Industry, Trade and Regional Development then moved - That this Bill be now read a third time.

                 Debate ensued.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

 

15.

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

 

Postponement
of Business.

 

16.

Council adjourned at four minutes past six o’clock until Monday next at fifteen minutes past two o’clock.

 

Adjournment.

 

 

_________________________

 

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

 

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. R. D. Lawson

 

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

 

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. N. Xenophon