SOUTH AUSTRALIA]

No. 88

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  29  NOVEMBER  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.

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

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

                 Legal Practitioners Conduct Board - Report, 2004-2005.

                 Regulations under the following Acts -

                          Emergency Services Funding Act 1998 - Private Roads Remissions.

                          Superannuation Act 1988 - Transferred Contributors.

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

                 Alexandrina Council - Strathalbyn Township Local Heritage (updated September 2005) Plan Amendment Report by the Council.

                 City of Campbelltown - Local Heritage Places Plan Amendment Report by the Council.

                 Town of Gawler - Gawler Urban Boundary Plan Amendment Report by the Minister.

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

                 Murray-Darling Basin Commission - Report, 2004-2005.

                 Regulations under the following Acts -

                          Natural Resources Management Act 2004 -

                                   Environmental Donations Licence.

                                   Refund of Levies.

        By the Minister for Mental Health and Substance Abuse (The Hon. C. Zollo) -

                 Chicken Meat Industry Act - Report, 2003.

                 University of South Australia - Report, 2004.

                 University of South Australia - Financial Statements, 2004.

                 Reports, 2004-2005 -

                          Advisory Board of Agriculture.

                          Dairy Authority of South Australia.

                          Local Government Activities.

                          Local Government Association of South Australia.

                          Local Government Superannuation Board.

                          Phylloxera and Grape Industry Board of South Australia.

                 Response to the Social Development Committee Inquiry into Multiple Chemical Sensitivity (MCS), November 2005.

 

Papers.

 

    3.

The Hon. G. E. Gago, on behalf of the Environment, Resources and Development Committee, laid on the Table -

Report on City of Adelaide - Central West Precinct Strategic Urban Renewal - Plan Amendment.

Development Plan Amendment under Development Act 1993 - City of Adelaide - Central West Precinct Strategic Urban Renewal.

 

Environment,
Resources and
Development Committee -
Report on Central
West Precinct
Strategic Urban
Renewal - Plan
Amendment and
Development Plan
Amendment.

 

 

   4.

The Minister for Industry and Trade, by leave, tabled a copy of a Ministerial Statement made by the Deputy Premier (The Hon. K. O. Foley, M.P.) concerning Child Abuse Allegations, together with a document titled “Appendix A - Final Report - Royal Park Orphanage Alleged Child Manslaughter”.

 

Ministerial
Statement Tabled.

 

 

   5.

Ordered - That Order of the Day (Government Business) No. 1 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

   6.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 8 be postponed and taken into consideration after Order of the Day (Government Business) No. 9.

 

Postponement
of Business.

 

   7.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Vehicle and Vessel Offences) 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. 26 agreed to.

                 Ordered - That clause No. 9 be reconsidered.

                          Clause No. 9 reconsidered.

                 The Hon. N. Xenophon moved on page 6, after line 19, to insert new subclause as follows:

              “(10a)     Section 19A—after subsection (7) insert:

(7a)      If, at the trial of a person for an offence against this section it is proved that—

      (a)       the defendant's conduct as the driver of a motor vehicle caused the death of, or harm to, a person; and

      (b)      having caused the death of, or harm to, a person, the defendant committed an offence against section 43 of the Road Traffic Act 1961,

it will be presumed, in the absence of proof to the contrary, that the defendant drove the motor vehicle in a culpably negligent manner, recklessly, or at a speed or in a manner dangerous to the public and that the death or harm was caused by that culpable negligence, recklessness or other conduct.”.

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

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same 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.

 

Statutes Amendment
(Vehicle and Vessel
Offences) Bill.

 

   8.

The Minister for Industry and Trade, by leave, tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning Bail being granted to a Convicted Paedophile.

 

Ministerial
Statement Tabled.

 

 

   9.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 8 and No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 11.

 

Postponement
of Business.

 

10.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Criminal Procedure) 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 postponed and taken into consideration on motion.

 

Statutes Amendment
(Criminal Procedure)
Bill.

 

11.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 8.

 

Postponement
of Business.

 

12.

On the Order of the Day being read for the adjourned debate on the question - That the Retirement Villages (Miscellaneous) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned and ordered to be resumed on motion.

 

Retirement Villages
(Miscellaneous)
Amendment Bill.

 

13.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 7 and No. 10 and Order of the Day (Private Business) No. 1 be postponed and taken into consideration after Order of the Day (Private Business) No. 2.

 

Postponement
of Business.

 

14.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Dust Diseases Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 9 agreed to.

                          Clause No. 10 amended and agreed to.

                          Clauses No. 11 to No. 13 agreed to.

                          Schedule 1 amended and 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 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.

                         

Dust Diseases Bill.

 

15.

The Minister for Industry and Trade, by leave, tabled a copy of a Ministerial Statement made by the Attorney-General (The Hon. M. J. Atkinson, M.P.) concerning Advice from the Office of the Director of Public Prosecutions concerning the Release on Bail of a Person charged with Child Sex Offences.

 

Ministerial
Statement Tabled.

 

 

16.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 7 and No. 10 and Order of the Day (Private Business) No. 1 be postponed and taken into consideration after Order of the Day (Private Business) No. 3.

 

Postponement
of Business.

 

17.

On the Order of the Day being read for the adjourned debate on the question - That the Human Rights Monitors 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.

 

Human Rights
Monitors Bill.

 

18.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 7 and No. 10 be postponed and taken into consideration after Order of the Day (Private Business) No. 1.

 

Postponement
of Business.

 

19.

On the Order of the Day being read for the adjourned debate on the question - That the Equal Opportunity 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.

 

Equal Opportunity
Bill.

 

20.

At three 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.

 

21.

Ordered - That the adjourned debate on the question - That the Retirement Villages (Miscellaneous) Amendment Bill be now read a second time - be now resumed.

                 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. 33 agreed to.

                          Schedule 1 agreed to.

                          Schedule 2 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 Mental Health and Substance Abuse, 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 Mental Health and Substance Abuse 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.

 

Retirement Villages
(Miscellaneous)
Amendment Bill.

 

22.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Children’s Protection (Keeping Them Safe) Amendment Bill.

 

In the Committee

 

                          New clause No. 10C, which the Hon. N. Xenophon had moved to insert on page 9, after line 5, as follows:

10C—Amendment of section 20—Application for order

         Section 20—after its present contents (now to be designated as subsection (1)) insert:

(2)     If the Chief Executive suspects on reasonable grounds that a child is at risk as a result of the abuse of an illicit drug by a parent, guardian or other person, the Chief Executive must apply for an order under this Division directing the parent, guardian or other person to undergo a drug assessment (unless the Chief Executive is satisfied that an appropriate drug assessment of the parent, guardian or other person has already occurred, or is to occur, and that a report of the assessment has been, or will be, furnished to the Chief Executive).” - further considered.

                 The Minister for Mental Health and Substance Abuse moved on page 9, after line 5, to insert new clause as follows:

Children’s
Protection
(Keeping Them Safe)
Amendment Bill.

 

 

10C—Amendment of section 20—Application for order

         Section 20—after its present contents (now to be designated as subsection (1)) insert:

(2)     If the Chief Executive—

      (a)       knows or suspects on reasonable grounds—

       (i)       that a child is at risk as a result of drug abuse by a parent, guardian or other person; and

      (ii)       that the cause of the child being at risk is not being adequately addressed; and

      (b)      is of the opinion that an assessment (including a drug assessment), in pursuance of an order under this Division, to determine the capacity of the parent, guardian or other person to care for and protect the child is the most appropriate response,

the Chief Executive must apply to the Youth Court for an order under this Division for such an assessment.”.

                 Question - That new clause No. 10C, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put.

 

 

 

             Committee divided:

Ayes, 8

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. D. W. Ridgway

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon (Teller)

      So it was resolved in the affirmative.

 

Noes, 6

The Hon. T. G. Cameron

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. C. Zollo (Teller)

 

 

                          New clause No. 10C inserted.

                          Clause No. 11 amended and agreed to.

                          New clause No. 11A inserted.

                          Clause No. 12 amended and agreed to.

                          Clause No. 13 agreed to.

                          Clause No. 14 read.

                 The Hon. K. J. Reynolds moved on page 10, after line 12, to insert the following:

Part 7AA—The Commissioner

  52AA—The Commissioner

      (1)       There is to be a Commissioner for Children and Young Persons.

      (2)       The Commissioner is to be appointed by the Governor on terms and conditions determined by the Governor.

      (3)       Subject to this section, the Commissioner holds office for the term (not exceeding 5 years) stated in the instrument of appointment and is then eligible for re-appointment.

      (4)       The office of the Commissioner becomes vacant if the Commissioner—

      (a)       dies; or

      (b)      completes a term of office and is not re-appointed; or

      (c)       resigns by notice of resignation given to the Minister; or

      (d)      is convicted either within or outside the State of an indictable offence or an offence carrying a maximum penalty of imprisonment for 12 months or more; or

      (e)       is removed from office by the Governor under subsection (5).

      (5)       The Governor may remove the Commissioner from office for—

      (a)       breach of, or non-compliance with, a condition of appointment; or

      (b)      failure to disclose a personal or pecuniary interest of which the Commissioner is aware that may conflict with the Commissioner's duties of office; or

      (c)       neglect of duty; or

      (d)      mental or physical incapacity to carry out duties of office satisfactorily; or

      (e)       dishonourable conduct; or

       (f)       any other reason considered sufficient by the Minister.

52AAB—Staff and resources

 

 

 

The Minister must provide the Commissioner with the staff and other resources that the Commissioner reasonably needs for carrying out the Commissioner's functions.

52AAC—The Commissioner's functions and powers

      (1)       The Commissioner's functions are as follows:

      (a)       to promote an understanding of, and informed discussion about, the rights, interests and wellbeing of children;

      (b)      to promote the participation of children in the making of decisions affecting their lives;

      (c)       to encourage government and non-government organisations to promote the participation of children in activities appropriate to their age and maturity;

      (d)      to ensure that where decisions affecting children are made by Ministers, or by government or non-government organisations, the rights and interests of children are properly taken into account;

      (e)       to make recommendations to government or non-government organisations about legislation, policies and practices affecting children;

       (f)       to monitor and review laws, policies and practices that relate to the provision or delivery of services to children;

      (g)      to promote and monitor awareness amongst children about advocacy bodies, complaints agencies and other relevant government and non-government organisations;

      (h)      to conduct, promote, coordinate, sponsor and participate in research about the rights, interests and wellbeing of children;

       (i)       to inquire into, and report to the Minister on, any matter referred to the Commissioner by the Minister or any other Minister.

      (2)       The Commissioner has the powers necessary or expedient for, or incidental to, the performance of the Commissioner's functions.

52AAD—The Commissioner's reporting obligations

      (1)       The Commissioner must report periodically to the Minister (as required by the Minister) on the performance of the Commissioner's statutory functions.

      (2)       The Commissioner must, on or before 31 October in each year, report to the Minister on the performance of the Commissioner's statutory functions during the preceding financial year.

      (3)       The Minister must, within 3 sitting days after receiving a report from the Commissioner, have copies of the report laid before both Houses of Parliament.

52AAE—Confidentiality of information

Information about individual cases disclosed to the Commissioner or a member of the Commissioner's staff is to be kept confidential and is not liable to disclosure under the Freedom of Information Act 1991.”.

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

                 The Hon. K. J. Reynolds moved on page 20, line 2, to delete “or relative” and insert “, relative or foster parent (within the meaning of the Family and Community Services Act 1972)”.

                 The Minister for Mental Health and Substance Abuse moved on page 20, lines 2 to 4, to leave paragraph (a).

                 Question - That all words in paragraph (a) down to but excluding “or relative” in line 2, stand as printed - put and passed.

                 Question - That the amendment moved by the Minister for Mental Health and Substance Abuse be agreed to - put and passed.

                          Clause No. 14, as amended and otherwise amended, agreed to.

                 The Hon. K. J. Reynolds moved on page 21, lines 16 and 17, to leave out the clause and insert new clause as follows:

15—Substitution of section 55

 

 

 

Section 55—delete the section and substitute:

55—Provision of assistance after leaving alternative care

      (1)       The Minister is to offer and, if the offer is accepted, provide or arrange such assistance for children who leave alternative care (other than alternative care of a kind prescribed by regulation) until they reach the age of 25 years as the Minister considers necessary having regard to their safety, welfare and wellbeing.

      (2)       Appropriate assistance may include—

      (a)       provision of information about available resources; or

      (b)      assistance based on an assessment of need, including financial assistance and assistance for obtaining accommodation, setting up house, education and training, finding employment, legal advice and accessing health services; or

      (c)       counselling and support.

      (3)       The Minister has a discretion to continue to provide or arrange appropriate assistance to a person after he or she reaches the age of 25.”.

                 Question - That clause No. 15 stand as printed - put and passed.

                          Clause No. 15 agreed to.

                          Schedule 1 agreed to.

                          Schedule 2 amended and 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.

                 Ordered - That the Bill be recommitted in respect of clause No. 10B.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the further consideration of clause No. 10B.

 

In the Committee

 

                          Clause No. 10B further considered.

                 The Minister for Mental Health and Substance Abuse moved, after paragraph (b) of new subsection (1), to insert:

                                 “and

                                   (c)       believes that an investigation is the most appropriate response,”.

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

                          Clause No. 10B otherwise 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 a further amendment; whereupon the Council adopted such reports.

                 The Minister for Mental Health and Substance Abuse, 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.

 

 

 

23.

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

                 At seven minutes to eleven o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

  24.

Ordered - That Orders of the Day (Government Business) No. 3 and No. 4 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

25.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Road Traffic (Drug Driving) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 4 agreed to.

                          Clause No. 5 read.

                 The Hon. C. V. Schaefer moved on page 4, lines 17 and 18, to leave out subclause (9).

                 Question - That the amendment be agreed to - put.

Road Traffic
(Drug Driving)
Amendment Bill.

 

 

             Committee divided:

Ayes, 9

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. C. V. Schaefer (Teller)

      So it was resolved in the affirmative.

 

Noes, 6

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

                          Clause No. 5, as amended, agreed to.

                          Clause No. 6 amended and agreed to.

                          Clauses No. 7 to No. 10 agreed to.

                          Clause No. 11 amended and agreed to.

                          Clauses No. 12 to No. 19 agreed to.

                          Schedule 1 amended and 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 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.

                 The Minister for Industry and Trade 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.

 

 

 

  26.

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

 

Postponement
of Business.

 

27.

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

Message No. 142

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled a Bill for an Act to amend the Development Act 1993; and to make related amendments to the Natural Resources Management Act 2004 and the River Murray Act 2003, with the amendments indicated by the annexed Schedule, to which amendments the House of Assembly desires the concurrence of the Legislative Council.

House of Assembly, 28 November 2005.                                                               R. B. SUCH, Speaker.

 

Message from
House of Assembly:
Development
(Miscellaneous)
Amendment Bill.

 

 

 

Schedule of the amendments made by the House of Assembly

No. 1.

       Amendment No 1 [EduChildServ–1]—

       New clause, page 3, after line 9—

Insert:

3A—Amendment of section 3—Objects

Section 3—after paragraph (d) insert:

     (da)     to facilitate the identification and protection of places of State and local heritage significance; and

No. 2.

       Amendment No 2 [EduChildServ–1]—

       New clauses, page 5, after line 6—

Insert:

7A—Amendment of section 25—Amendments by a council

      (1)       Section 25(12)—delete subsection (12)

      (2)       Section 25(15)(b)—delete paragraph (b)

No. 3.

        Amendment No 3 [EduChildServ–1]—

        New clauses, page 5, after line 6—

Insert:

7B—Insertion of section 25A

After section 25 insert:

25A—Heritage matters—council amendments

      (1)       Section 25 operates subject to the requirements of this section.

      (2)       If a council is considering an amendment to a Development Plan that may involve the designation of a place as a place of local heritage value then—

      (a)       the council must—

       (i)       before it finalises its Plan Amendment Report under section 25(3) and (4), engage a person who is recognised by the South Australian Heritage Council as being appropriately qualified for the purpose to undertake a heritage survey; and

      (ii)       subject to subsection (3), adopt the advice of that person as to whether or not a particular place should be listed as a place of local heritage value in the Development Plan and proceed to prepare any relevant draft amendment as expeditiously as possible (subject to the operation of section 25 and this section),

(although any advice as to the policies that should apply under the Development Plan in relation to such a place will be provided by the person who is providing advice to the council under section 25(3)); and

      (b)      subject to any exemption under subsection (10), the council must, before it releases a Plan Amendment Report that proposes the designation of a place as a place of local heritage value for public consultation under section 25, apply to the Minister for a declaration under section 28 so that the amendment may come into operation on an interim basis under that section (and, if the Plan Amendment Report has been divided into parts under section 25(9), then only the part that relates to local heritage will be subject to this requirement).

      (3)       If—

      (a)       the person who has undertaken a heritage survey under subsection (2)(a) has advised the council that a particular place should be listed as a place of local heritage value; but

      (b)      the council believes that that place should not be so listed,

the council may, with the agreement of the Minister, release the Plan Amendment Report for public consultation without that place being listed as a place of local heritage value.

 

 

 

      (4)       If a particular place is not listed in a proposed amendment to a Development Plan by virtue of the operation of subsection (3), the council must include a note on the matter (in accordance with any prescribed requirement) in the relevant Plan Amendment Report that is released for public consultation.

      (5)       Subject to the operation of subsection (3), a council must release for public consultation as expeditiously as possible any proposed amendment to a Development Plan that designates a place as a place of local heritage value.

      (6)       If a proposed amendment to a Development Plan under section 25 (after taking into account any step that has been taken under subsection (3) of this section) designates a place—

      (a)       as a place of local heritage value; or

      (b)      as a place within a local heritage zone or policy area, or within any other prescribed kind of zone or policy area, that should be subject to additional heritage-related policies because of its contribution (or potential contribution) to the character of the zone or area,

the council must, at the time when the relevant Plan Amendment Report is released for public consultation, give each owner of land constituting the place so designated a written notice—

      (c)       informing the owner of the proposed amendment; and

      (d)      inviting the owner to make submissions on the amendment to the council within the period provided for public consultation under section 25.

      (7)       If the effect of a proposed amendment to a Development Plan under section 25 is that a place would cease to be designated as a place of local heritage value, the council must also give each owner of the relevant land a written notice that complies with the requirements of subsection (6).

      (8)       If an owner of land notified under  subsection (6) or (7) objects to the relevant amendment within the period provided for public consultation, the Minister may, after receiving the relevant report of the council under section 25(13)(a), refer the matter to the Advisory Committee for advice and report.

      (9)       If the Minister takes action under subsection (8), the owner of the land must be given a reasonable opportunity to make submissions to the Advisory Committee (in such manner as the Advisory Committee thinks fit) in relation to the matter before the Advisory Committee reports back to the Minister.

     (10)      The Minister may exempt a council from the requirement to comply with subsection (2)(b).

     (11)      To avoid doubt, if a council fails to comply with subsection (2)(b) (and the Minister has not granted an exemption), the Minister may proceed to make a declaration under section 28 in any event.

No. 4.

        Amendment No 4 [EduChildServ–1]—

        New clauses, page 5, after line 6—

Insert:

7C—Amendment of section 26—Amendments by the Minister

      (1)       Section 26(6)—delete subsection (6)

      (2)       Section 26(7)(b)—delete paragraph (b)

No. 5.

       Amendment No 5 [EduChildServ–1]—

       New clauses, page 5, after line 6—

Insert:

7D—Insertion of section 26A

After section 26 insert:

26A—Heritage matters—Ministerial amendments

      (1)       Section 26 operates subject to the requirements of this section.

      (2)       If the Minister is considering an amendment to a Development Plan that may involve the designation of a place of local heritage value then the Minister must—

 

 

 

      (a)       before he or she finalises the relevant Plan Amendment Report under section 26(1), arrange for a person who is recognised by the South Australian Heritage Council as being appropriately qualified for the purpose to undertake a heritage survey; and

      (b)      adopt the advice of that person as to whether or not a particular place should be listed as a place of local heritage value in the Development Plan (subject to the operation of section 26 and this section), unless the Minister considers that there are cogent reasons for not adopting that advice (and subject to the qualification that any advice as to the policies that should apply under the relevant Development Plan in relation to any listed place will be provided by the person who is providing advice to the Minister under section 26(1)).

      (3)       If a particular place is not listed in a proposed amendment to a Development Plan despite the advice provided under subsection (2)(a), the Minister must include a note on the matter (in accordance with any prescribed requirement) in the relevant Plan Amendment Report that is released for public consultation.

      (4)       If a proposed amendment to a Development Plan under section 26 designates a place—

      (a)       as a place of local heritage value; or

      (b)      as a place within a local heritage zone or policy area, or within any other prescribed kind of zone or policy area, that should be subject to additional heritage-related policies because of its contribution (or potential contribution) to the character of the zone or area,

the Minister must, at the time when the relevant Plan Amendment Report is released for public consultation, give each owner of land constituting the place so designated a written notice—

      (c)       informing the owner of the proposed amendment; and

      (d)      inviting the owner to make submissions on the amendment within the period provided for public consultation under section 26.

      (5)       If the effect of a proposed amendment to a Development Plan under section 26 is that a place would cease to be designated as a place of local heritage value, the Minister must also give each owner of the relevant land a written notice that complies with subsection (4).

      (6)       The Minister may then seek the advice of the Advisory Committee on any submission made under subsection (4) or (5).

No. 6.

       Amendment No 6 [EduChildServ–1]—

       New clauses, page 5, after line 6—

Insert:

7E—Amendment of section 28—Interim development control

      (1)       Section 28(1)—delete "the Governor" wherever occurring and substitute, in each case:

the Minister

      (2)       Section 28(4)(a)—delete "the Governor" and substitute:

the Minister

No. 7.

       Amendment No 7 [EduChildServ–3]—

       Clause 12, page 7, line 13—

After "Building Rules" insert:

and where it was reasonable, in the circumstances, to rely on the advice, skills or expertise of that person

No. 8.

       Amendment No 8 [EduChildServ–1]—

       Page 17, heading to Schedule 1—

Delete heading and substitute:

Schedule 1—Related amendments and transitional provisions

 

 

 

No. 9.

       Amendment No 9 [EduChildServ–1]—

       Page 19, after line 4—

Insert:

Part 4—Transitional provision

9—Interpretation

In this Part—

principal Act means the Development Act 1993.

10—Heritage surveys

A heritage survey undertaken before the commencement of this clause by a person who is recognised by the South Australian Heritage Council as being appropriately qualified to undertake heritage surveys under the principal Act may be adopted by a council or the Minister under section 25A or 26A of the principal Act (as enacted by this Act) provided that the survey has been completed within the period of 5 years immediately preceding that adoption.

D. A. BRIDGES, Clerk of the House of Assembly.

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

 

 

 

28.

Council adjourned at seven minutes to twelve o’clock midnight 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. 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