The Assembly met at 10am. The Speaker, the Honourable J. L. Aagaard, took the Chair.

THE Speaker laid on the Table the following Message from the Administrator:

I, Thomas Ian Pauling, Administrator of the Northern Territory of Australia, under section 11 of the Northern territory (Self-Government) Act 1978 (Cth), recommend to the Legislative Assembly a Bill for an Act to amend the Financial Management Act, the purposes of which include the following:

(a) omitting section 19(1) and substituting proposed section 19(1) and (1A) to provide for the Administrator to increase the appropriation to the Treasurer's Advance in particular circumstances, including a limitation on the amount of the increase;

(b) inserting proposed section 19A to provide for the Treasurer to authorise the issue of public moneys of the Territory from the Central Holding Authority for a Commonwealth appropriation as defined in proposed section 19A(6), if there has been or will be an increase in funds available in the Central Holding Authority under an Act of the Commonwealth or an arrangement between the Territory and the Commonwealth.

Dated 27 April 2009

T I Pauling AO QC
Administrator
(Paper 285)

Commercial Passenger Services: The Minister for Transport (Mr McCarthy) reported on a review of the commercial passenger vehicle transport services sector.
Paper tabled: Mr McCarthy laid on the Table the following Paper -

Mr Giles responded.
Mr Wood responded.
Mr McCarthy replied.
Bushfire Preparedness: The Minister for Natural Resources, Environment and Heritage (Ms Anderson) reported on plans put in place to manage the Territory's bushfire season.
Mr Wood responded.
Mr Chandler responded.
Ms Anderson replied.

National Broadband Network: The Minister for Information, Communications and Technology Policy (Mr Hampton) reported on the roll out of the Commonwealth's National Broadband Network for the Territory.
Mr Bohlin responded.
Mr Wood responded.
Mr Hampton replied.

Ministerial Reports noted, pursuant to Standing Orders.

The Minister for Health (Mr Vatskalis), pursuant to notice, presented a Bill for an Act to amend the Radiation Protection Act and Radiographers Act.
Bill read a first time.
Mr Vatskalis moved - That the Bill be now read a second time.
Debate ensued.
Paper tabled: Mr Vatskalis laid on the Table the following Paper -

On the motion of the Member for Braitling (Mr Giles) debate was adjourned.

The Leader of Government Business (Dr Burns), pursuant to notice, moved - That the Assembly appoint an Estimates Committee 2009/2010 and a Government Owned Corporations Scrutiny Committee 2009/2010, pursuant to the terms circulated to Members below:

A. INTRODUCTION


1. That, notwithstanding anything contained in Standing Orders and Sessional Orders there be appointed an Estimates Committee of the Legislative Assembly for the purposes of examining and reporting on the estimates of proposed expenditure contained in the Appropriation Bill 2009/2010.

2. That the Schedule to the Appropriation Bill 2009/2010 and related budget documents be referred to the Estimates Committee for examination and report on proposed expenditure when the Bill has been presented.

3. That the Committee may not vote on but may examine and report on the proposed expenditure contained in the Bill by no later than 19 June 2009.

4. That the Committee examine the proposed expenditure contained in the Bill by portfolio units in accordance with the Schedule and that the proposed expenditure be considered on an output by output basis for each portfolio unit.

5. That the Committee consider the Appropriation Bill and related Budget Papers. To the extent that transactions of other public sector entities are included in the Budget Papers, these transactions can be questioned by the Committee. This would apply to Community Service Obligations paid to and dividends received from the Power and Water Corporation, a Government Owned Corporation under the Government Owned Corporations Act. The Statement of Corporate Intent for the Power and Water Corporation for 2009/2010 stands referred to the Government Owned Corporations Scrutiny Committee.


B. MEMBERSHIP


6. The membership of the Estimates Committee shall consist of the membership of the Public Accounts Committee.

7. The Chairman of the Public Accounts Committee shall be the Chairman of the Estimates Committee.

8. The Committee, before the commencement of business, shall elect one of its members to be Deputy Chairman.

9. Other Members of the Assembly may not vote on any matters before the Committee.

10. Other Members of the Assembly may participate in public hearings of the Committee, provided that at any time participating Members are limited to seven (7) Members comprising the Chair, two (2) Government Members, three (3) Opposition Members and one (1) Independent Member.

11. Members may be substituted from time to time, subject to notification to the Chairman, and in accordance with conditions provided for in paragraph 10 above.

12. The Committee may proceed with business despite a vacancy in its membership.

13. The Chairman of the Committee and the Deputy Chairman when acting as Chairman shall have a deliberative and a casting vote.

14. The quorum of the Committee is to be 4 of the members of the Committee.


15. If at any time a quorum is not present, the Chairman will suspend proceedings of the Committee until a quorum is present, or adjourn the Committee until a time and/or date to be fixed.

C. SITTING TIMES

16. The Estimates Committee will meet in accordance with the dates and times in the Schedule adopted by the Assembly or as otherwise ordered by the Committee and advised by the Chairman.


17. Unless otherwise ordered by the Committee the Committee shall sit during the following periods:


(a) on Tuesday 16 June, 2009 commencing at 8:30am and adjourning at 11.00pm;

(b) on Wednesday 17 June, 2009 commencing at 8.30am and adjourning at 11.00pm;

(c) on Thursday 18 June, 2009 commencing at 8.30am and adjourning at 11.00pm;

(d) on Friday 19 June, 2008 commencing at 8.30am and adjourning at 1 pm; and

(e) the Committee may suspend the hearings from time to time.

18. The Estimates Committee may sit only when the Assembly is not sitting.


D. HEARING PROCEDURE


19. All hearings of the Estimates Committee are open to the public unless the Committee otherwise orders.

20. The Committee will consider proposed expenditure on an output by output basis, following procedures agreed to by the Estimates Committee in accordance with the other provisions of this Order and Standing Orders.

21. Unless the Committee otherwise determines, the Minister (or Speaker) may make an opening statement lasting up to five (5) minutes which may be extended with the leave of the Committee.

22. Members of the Committee may ask for explanations from a Minister (or Speaker) relating to proposed expenditure and outputs.

23. The Minister (or Speaker) who has been asked for explanations may be assisted, where necessary, by officers in the provision of relevant information.

24. Officers may answer questions at the request of the Minister, but shall not be required to comment on policy matters.

25. Questions and explanations should be brief and avoid irrelevance and tedious repetition.


E. QUESTIONS TAKEN ON NOTICE AT HEARINGS AND ADDITIONAL INFORMATION

26. The Minister (or Speaker) may advise the Estimates Committee that an answer to a question or part of a question will be provided later to the Committee.


At that time the Chairman shall note the question or that part of the question taken on notice and any clarification required. The text of questions on notice will be distributed to the Minister (or Speaker) by the Committee Secretariat.

27. A Minister (or Speaker) may also give the Committee additional information about an answer given by them or on their behalf.

28. The additional information or answer, is to be written and given by a time decided by the Committee and may be included in a volume of additional information to be laid on the table of the Assembly by the Chairman of the Committee at the time of its report or at a later date, which shall be no later than the next sittings of the Assembly and may be authorised for publication by the Committee prior to that material being tabled in the Assembly.


F. HANSARD REPORT AND OTHER TABLED DOCUMENTS


29. The Clerk of the Legislative Assembly is authorised to publish an unedited transcript of the Estimates Committee proceedings in a manner similar to that used for the daily Hansard as soon as practicable after the Committee's proceedings are concluded.

30. Evidence taken in public by the Committee and documents presented to the Committee are deemed to be authorised for publication by the Committee, unless the Committee otherwise orders.

31. The provisions of Standing Order 274 and section 22 of the Legislative Assembly (Powers and Privileges) Act as applicable to the Committee, are limited to documents prepared for and submitted to the Committee, evidence taken by the Committee or a report of such evidence.


G. BROADCASTING AND TELEVISING OF PROCEEDINGS

32. Sound and vision broadcast and re-broadcast of the hearings of the Estimates Committee will be allowed, subject to the same conditions which apply to the sittings of the Assembly and as determined by the Committee.

H. DISORDER

33. At an Estimates Committee hearing the Chairman may, after a warning, order any Member of the Assembly whose conduct, in the opinion of the Chairman, continues to be disorderly or disruptive to withdraw from the Committee for a period of 1 hour.


34. A member ordered to withdraw in accordance with the direction of the Chairman must immediately withdraw for the stated period.

35. If a Member persistently disrupts the business of the Committee:


(a) The Chair may name the Member;

(b) If the Member named is a member of the Estimates Committee, suspend the sittings until the Chair has reported the offence to the Speaker;

(c) If the Member named is not a member of the Estimates Committee, orders that the Member withdraw from the sittings of the Committee until the Chair has reported the offence to the Speaker.

36. As soon as practicable, the Chair advises the Speaker who then gives notice that the member of the Estimates Committee be replaced.

37. If any objection is taken to a ruling or decision of the Chair:

(a) The objection must be taken at once and stated in writing;

(b) The Chair as soon as practicable advises the Speaker who makes a ruling on the matters; and

(c) The Estimates Committee may continue to meet but not further examine the matter then under consideration and which is the subject of the objection.

I. REPORT OF ESTIMATES COMMITTEE

38. A report of the Estimates Committee will be presented by the Chairman to the Committee-of-the-Whole Assembly and the report should contain any resolution or expression of opinion of the Committee.


39. When the Report of the Estimates Committee is presented it shall be taken into consideration forthwith, together with the Report of the Government Owned Corporations Scrutiny Committee.

40. The following time limits shall apply to consideration of the reports of the Committees on the question:


"that the proposed expenditure be agreed to and that the resolutions or expressions of opinion as agreed to by the committees in relation to the proposed expenditure or outputs with reference to the Appropriation Bill 2009/2010; and

the transactions of public sector entities included in the Budget Papers and applicable Community Service Obligations paid to and dividends received from the Power and Water Corporation, a Government Owned Corporation under the Government Owned Corporations Act, be noted."

41. When the consideration of the reports of the Committees has been completed the following question is proposed and put forthwith:

"that the remainder of the Bill be agreed to".

42. When the Bill has been agreed to by the Committee-of-the-Whole and reported to the Assembly, the third reading may be taken into consideration forthwith.
__________________

1. That, notwithstanding anything contained in Standing Orders and Sessional Orders there be appointed a Committee of the Legislative Assembly to be known as the Government Owned Corporations Scrutiny Committee for the purpose of examining and reporting on the activities, performance, practices and financial management of the Power and Water Corporation, a Government Owned Corporation under the Government Owned Corporations Act, with reference to the Power and Water Corporation’s Statement of Corporate Intent for 2009/2010.

MEMBERSHIP

2. The membership of the Government Owned Corporations Scrutiny Committee shall consist of the membership of the Public Accounts Committee.

3. The Chairman of the Public Accounts Committee shall be the Chairman of the Government Owned Corporations Scrutiny Committee.

4. The Committee, before the commencement of business, shall elect one of its members to be Deputy Chairman.

5. Other Members of the Assembly may not vote on any matters before the Committee.

6. Other Members of the Assembly may participate in public hearings of the Committee, provided that at any time participating Members are limited to seven (7) Members comprising the Chair, two (2) Government Members, three (3) Opposition Members and one (1) Independent Member.

7. Members may be substituted from time to time, subject to notification to the Chairman, and in accordance with conditions provided in for paragraph 6 above.

8. The Committee may proceed with business despite a vacancy in its membership.

9. The Chairman of the Committee and the Deputy Chairman when acting as Chairman shall have a deliberative and a casting vote.

10. The quorum of the Committee is to be 4 of the members of the Committee.

11. If at any time a quorum is not present, the Chairman will suspend proceedings of the Committee until a quorum is present, or adjourn the Committee until a time and/or date to be fixed.

SITTING TIMES

12. The Government Owned Corporations Scrutiny Committee will meet in accordance with the dates and times in the Schedule adopted by the Assembly or as otherwise ordered by the Committee and advised by the Chairman.

13. The Government Owned Corporations Scrutiny Committee may sit only when the Assembly is not sitting.

14. The Committee shall sit on Friday 19 June 2009 for 2 hours from 1.30pm to 3.30pm.

HEARING PROCEDURE

15. All hearings of the Committee are open to the public unless the Committee otherwise orders.

16. The Committee will examine the financial and budgetary activities of the Power and Water Corporation following similar procedures to that of the Estimates Committee and in accordance with the provisions of this Order and Standing Orders.

17. Unless the Committee otherwise determines, the Chairman of the Board of the Power and Water Corporation may make an opening statement lasting up to five (5) minutes which may be extended with the leave of the Committee.

18. Members of the Committee may ask questions for the purpose of examining the activities, performance, practices and financial management of the Power and Water Corporation with reference to its Statement of Corporate Intent for 2009/2010.

19. Questions shall be put directly to the Chairman of the Board of the Power and Water Corporation, the Managing Director and other officers may assist the Chairman in the provision of relevant information.

20. The Chairman or other witnesses will advise when evidence is of a commercially sensitive or confidential nature and may request that such evidence be heard 'in camera'. The Chairman of the Committee will invite the Chairman or the witnesses to give the reasons for the request.

21. Questions and explanations should be brief and avoid irrelevance and tedious repetition.


QUESTIONS TAKEN ON NOTICE AT HEARINGS AND ADDITIONAL INFORMATION

22. The Chairman of the Power and Water Corporation may advise the Committee that an answer to a question or part of a question will be provided later to the Committee.

23. At that time the Chairman of the Committee shall note the question or that part of the question taken on notice and any clarification required. The text of questions on notice will be distributed to the Chairman of the Power and Water Corporation by the Committee Secretariat.

24. The Chairman of the Power and Water Corporation may also give the Committee additional information about an answer given by the witnesses or on their behalf.

25. The additional information or answer, is to be written and given by a time decided by the Committee and may be included in a volume of additional information to be laid on the table of the Assembly by the Chairman of the Committee at the time of its report or at a later date, which shall be no later than the next sittings of the Assembly and may be authorised for publication by the Committee prior to that material being tabled in the Assembly.


HANSARD REPORT AND OTHER TABLED DOCUMENTS


26. The Clerk of the Legislative Assembly is authorised to publish an unedited transcript of the Government Owned Corporations Scrutiny Committee proceedings in a manner similar to that used for the daily Hansard as soon as practicable after the Committee's proceedings are concluded.

27. Evidence taken in public by the Committee and documents presented to the Committee are deemed to be authorised for publication by the Committee, unless the Committee otherwise orders.

28. The provisions of Standing Order 274 and section 22 of the Legislative Assembly (Powers and Privileges) Act as applicable to the Committee, are limited to documents prepared for and submitted to the Committee, evidence taken by the Committee or a report of such evidence.


BROADCASTING AND TELEVISING OF PROCEEDINGS


29. Sound and vision broadcast and re-broadcast of the hearings of the Committee will be allowed, subject to the same conditions which apply to the sittings of the Assembly and as determined by the Committee.


DISORDER


30. At a Committee hearing the Chairman may, after a warning, order any Member of the Assembly whose conduct, in the opinion of the Chairman, continues to be disorderly or disruptive to withdraw from the Committee for a period of 1 hour.

31. A Member ordered to withdraw in accordance with the direction of the Chairman must immediately withdraw for the stated period.

32. If a Member persistently disrupts the business of the Committee:


(a) The Chair may name the Member;

(b) If the Member named is a member of the Government Owned Corporations Scrutiny Committee, suspend the sittings until the Chair has reported the offence to the Speaker;

(c) If the Member named is not a member of the Government Owned Corporations Scrutiny Committee, orders that the Member withdraw from the sittings of the Committee until the Chair has reported the offence to the Speaker.

33. As soon as practicable, the Chair advises the Speaker who then gives notice that the member of the Government Owned Corporations Scrutiny Committee be replaced.

34. If any objection is taken to a ruling or decision of the Chair:

(a) The objection must be taken at once and stated in writing;

(b) The Chair as soon as practicable advises the Speaker who makes a ruling on the matters; and

(c) The Government Owned Corporations Scrutiny Committee may continue to meet but not further examine the matter then under consideration and which is the subject of the objection.

REPORT OF GOVERNMENT OWNED CORPORATIONS SCRUTINY COMMITTEE


35. A report of the Government Owned Corporations Scrutiny Committee will be presented by the Chairman to the Committee-of-the-Whole Assembly and the report should contain any resolution or expression of opinion of the Committee.

36. When the Report of the Committee is presented it shall be taken into consideration forthwith, together with the Report of the Estimates Committee.

37. The following time limits shall apply to consideration of the reports of the Committees on the question:


"that the proposed expenditure be agreed to and that the resolutions or expressions of opinion as agreed to by the committees in relation to the proposed expenditure or outputs with reference to the Appropriation Bill 2009/2010, or the activities, performance, practices and financial management of the Power and Water Corporation with reference to its Statements of Corporate Intent for 2009/2010, be noted "

Debate ensued.
Question - put and passed.

The Treasurer (Ms Lawrie), pursuant to notice and Message from the Administrator No. 7, presented a Bill for an Act to amend the Financial Management Act and for related purposes.
Bill read a first time.
Ms Lawrie moved - That the Bill be now read a second time.
Debate ensued.
Paper tabled: Ms Lawrie laid on the Table the following Paper -

On the motion of the Member for Port Darwin (Mr Elferink) debate was adjourned.

The Order of the Day having been read for the resumption of debate on the question - That the Bill be now read a second time -
Debate resumed.
Paper tabled: Mr Tollner, by leave, laid on the Table the following Paper -

Debate suspended.
_________________


Suspension of sittings: The sittings of the Assembly was suspended between 12.02pm and 2pm.
_________________

The Speaker reflected on the state of behaviour in the following terms:

In a parliament such as ours we follow Westminster tradition and its long history of respect for the parliament and its institutions, including the role of the Speaker. This is integral to the running of the parliament.

I advise that following the appalling behaviour of members yesterday I will not be tolerating any reflection on the Chair, whether it is reflecting on the call of the Chair, the discretion of the Chair or any other comment. I advise that this will result in the immediate naming of the member. This is a warning to all members and there will be no further warnings.

In relation to other standing orders, the level of disruption and disorderly behaviour is unacceptable. As a result members will receive one warning only and be asked to withdraw from the Chamber for an hour if they are disruptive a second time.

Members are also reminded they must stand at their chair and wait to be acknowledged by the Chair prior to speaking, unless it is to draw attention to a point of order.

I remind honourable members that each of us represents an electorate and I can assure members that the general public is appalled by the unruly behaviour of members.

2.03pm Ms Purick to Ms Lawrie.
2.07pm Ms Walker to Mr Vatskalis.
2.10pm Ms Purick to Ms Lawrie.
Paper tabled: The Member for Goyder (Ms Purick), by leave, laid on the Table the following Paper -

2.12pm Mr Gunner to Ms Lawrie.
2.19pm Mr Elferink to Ms Lawrie.
2.21pm Mr Gunner to Ms Lawrie.
2.22pm Mr Elferink to Ms Lawrie.
2.26pm Mr Gunner to Mr Vatskalis.
2.28pm Ms Purick to Ms Lawrie.
Paper tabled: The Member for Goyder (Ms Purick), by leave, laid on the Table the following Paper -

Paper tabled: Ms Lawrie laid on the Table the following Paper -

2.42pm Ms Walker to Dr Burns.
2.45pm Ms Purick to Ms Lawrie.
Paper tabled: The Member for Goyder (Ms Purick), by leave, laid on the Table the following Paper -

2.48pm Ms Walker to Mr Vatskalis.
2.53pm Mr Wood to Ms Lawrie.
2.56pm Mr Gunner to Ms Anderson.
2.59pm Mr Elferink to Ms Lawrie.
Suspension of Standing Orders: And the Member for Port Darwin (Mr Elferink) moved - That so much of Standing Orders be suspended as would prevent him censuring the Acting Chief Minister, the Treasurer, the Minister for Planning and Lands, and the Member for Karama for lying to this House and lying to Territorians.

The Leader of Government Business (Dr Burns) informed the Assembly that the government accepted the motion as a censure motion, pursuant to Standing Order 95.

The Leader of Government Business (Dr Burns) asked that further questions be placed on the Written Question Paper.

The Member for Port Darwin (Mr Elferink) thereupon moved - That the Acting Chief Minister, the Treasurer, the Minister for Planning and Lands, and the Member for Karama be censured for lying to this House and lying to Territorians.
Debate ensued.
Paper tabled: Ms Lawrie laid on the Table the following Paper -

Debate continued.
Closure: The Leader of Government Business (Dr Burns) moved - That the question be now put - put and passed.
Question - That the motion be agreed to - put and negatived.

The Order of the Day having been read for the resumption of debate on the question, suspended earlier this day - That the Bill be now read a second time -
Debate resumed.
Question - put and passed.
Bill read a second time.
The Assembly resolved itself into Committee of the Whole for consideration of the Bill.
_________________________

In Committee

(Deputy Speaker and Chair of Committees - Ms Walker in the Chair)

Clauses 1 to 7, by leave, taken together and agreed to.
Clause 8 negatived, after debate.
New Clause 8.
On the motion of the Minister for Primary Industry, Fisheries and Resources (Mr Vatskalis) the following new clause 8 was inserted in the Bill -

8. Act binds Crown
This Act binds the Crown in right of the Territory and, to the extent the legislative power of the Legislative Assembly permits, the Crown in all its other capacities.
Clauses 9 to 12, by leave, taken together and agreed to.
Clause 13 negatived.
New Clause 13.
On the motion of Mr Vatskalis the following new clause 13 was inserted in the Bill, after debate -

13. General entitlement to apply for permit
(1) A person may apply to the Minister for the grant of 1 or more geothermal exploration permits.

(2) The application area for each application for the grant of a permit may comprise:

(a) not more than 2 000 adjoining blocks; or

(b) if the Minister has given written approval – more than 2 000 adjoining blocks.

(3) However, an application area must not comprise any of the following blocks:
(a) reserved blocks;

(b) blocks within a geothermal authority area;

(c) blocks that are within the application area for another application for the grant of a permit received by the Agency on an earlier day.


Clause 14 negatived.
New Clause 14.
On the motion of Mr Vatskalis the following new clause 13 was inserted in the Bill, after debate -

14. Consideration of applications received on same day
(1) This section applies if:
(a) the Agency receives, on the same business day, 2 or more applications for the grant of a geothermal exploration permit; and

(b) the Minister is satisfied each application area is substantially the same; and

(c) each applicant has met the requirements for the application specified in section 35.

(2) The Minister must decide which application has the greatest merit to be given consideration for the grant of a permit.

(3) An application for the grant of a permit received by the Agency after 4 pm on a business day is taken to have been received on the next business day.

Note

Section 111(2) has the effect that the Minister need not consider an application under this section if a fee prescribed for making the application has not been paid.

Clause 15 agreed to.
Clause 16 read.
On the motion of Mr Vatskalis the following amendment was agreed to, after debate -

In subclause (2) omit "Minister" and substitute "Minister, and the person who made the objection or submission,".

Clause 16, as amended, agreed to.
Clauses 17 to 23, by leave, taken together and agreed to.
Clause 24 read.
On the motion of Mr Vatskalis the following amendment was agreed to -

Heading, after "on" insert geothermal


Clause 24, as amended, agreed to.
Clauses 25 to 28, by leave, taken together and agreed to.
Clause 29 read.
On the motion of Mr Vatskalis the following amendment was agreed to, after debate -


Heading, after "for" insert geothermal


Clause 29, as amended, agreed to.
Clause 30 read.
On the motion of Mr Vatskalis the following amendment was agreed to -
Subclause (1)(a)(ii), after "energy" insert and the generation of power

On the motion of Mr Vatskalis the following further amendment was agreed to, after debate -
After subclause (2)

insert

(2A) Activities related to the generation of power include the construction and maintenance of buildings and infrastructure in connection with the power generation.

Clause, as amended, agreed to.
Clauses 31 to 33, by leave, taken together and agreed to.
Clause 34 read.
On the motion of Mr Vatskalis the following amendment was agreed to, after debate -
Heading

omit

licence

substitute

lease

On the motion of Mr Vatskalis the following further amendment was agreed to, after debate -
Subclauses (1) and (2)(a)

omit (all references)

licence

substitute

lease

Clause, as amended, agreed to.
Clause 35 read.
On the motion of Mr Vatskalis the following amendment was agreed to, after debate -
Subclause (2)

omit

be in

substitute

be substantially in

Clause, as amended, agreed to.
Clauses 36 to 52, by leave, taken together and agreed to.
New Clause 52A.
On the motion of Mr Vatskalis the following new clause 52A was inserted in the Bill -

52A Drill cores, cuttings and other samples
(1) As soon as practicable after a geothermal authority holder recovers a drill core, cutting or other sample (each of which is a sample) from the geothermal authority area, the holder must give the Minister written notice of the recovery.

(2) The notice must include a description of the place where the sample was recovered.

(3) As soon as practicable after a geothermal authority holder ceases to conduct geothermal activities under the geothermal authority, the holder must give the Minister each sample recovered that has not been disposed of under subsection (4).

(4) A geothermal authority holder may dispose of a sample before ceasing geothermal activities under the geothermal authority only in accordance with the written authority of the Minister.

(5) The regulations may prescribe any matter relevant to the following:

(a) the giving of notice of the recovery of a sample;

(b) the giving of a sample;

(c) the keeping or disposal of a sample;

(d) the examination of a sample.

Clauses 53 to 55, by leave, taken together and agreed to.
Clause 56 read.
On the motion of Mr Vatskalis the following amendment was agreed to, after debate -
Subclause (1)
omit, substitute

(1) The Minister may, by written notice, accept the surrender of a geothermal authority, or part of a geothermal authority area, only if satisfied the applicant has complied with the conditions of the geothermal authority for all of the geothermal authority area.


Clause, as amended, agreed to.
Clauses 57 and 58, by leave, taken together and agreed to.
Clause 59 read.
On the motion of Mr Vatskalis the following amendment was agreed to, after debate -
Subclause (1)(b)
omit, substitute

(b) before the Minister registers the transfer of a geothermal authority interest; or


Clause 59, as amended, agreed to.
Clauses 60 to 68, by leave, taken together and agreed to.
Clause 69 read.
On the motion of Mr Vatskalis the following amendment was agreed to -

Omit subclause (4).

On the motion of Mr Vatskalis the following further amendment was agreed to, after debate -

Subclause (6)
omit, substitute

(6) A person may inspect the register during the normal business hours of the Agency and, on request, may be given a copy or summary of information in the register.

On the motion of Mr Vatskalis the following further amendment was agreed to, after debate -

Subclause (7)(b)
omit

register.

substitute

register and for a copy or summary of information given to the person.

Clause, as amended, agreed to.
Clauses 70 to 72, by leave, taken together and agreed to.
Clause 73 negatived, after debate.
New Clause 73.
On the motion of Mr Vatskalis the following new clause 73 was inserted in the Bill, after debate -

73 Notice of registration
(1) After the Minister has registered the transfer of a geothermal authority interest under section 71, the Minister must give written notice of the registration to each party to the transfer.

(2) After the Minister has registered the devolution of a geothermal authority interest under section 72, the Minister must give written notice of the registration to the person who applied for the registration.

(3) If the Minister considers it appropriate, the Minister may give written notice of the registration of information relating to a geothermal authority or geothermal authority application to a person who has an interest in the geothermal authority or application.
Clause 74 read.
On the motion of Mr Vatskalis the following amendment was agreed to, after debate -

Subclause (3)
omit

the approved form

substitute

writing

Clause, as amended, agreed to.
Clause 75 agreed to.
Clause 76 read.
On the motion of Mr Vatskalis the following amendment was agreed to, after debate -

Heading
omit

Land Title

substitute

Law of Property

On the motion of Mr Vatskalis the following further amendment was agreed to, after debate -

Subclauses (1), (2) and (3)
omit

Land Title

substitute

Law of Property

Clause, as amended, agreed to.
PART 7, DIVISION 2 negatived after debate.
On the motion of Mr Vatskalis the following NEW PART 7 DIVISION 2 was inserted in the Bill, after debate -

NEW PART 7 DIVISION 2
Division 2 Caveats

77 Lodgment, acceptance and registration of caveat

(1) A person claiming a geothermal authority interest in a geothermal authority or geothermal authority application (an affected authority) may lodge with the Minister a caveat forbidding the registration, except in accordance with section 80, of any dealing with the affected authority that is received by the Minister after the Minister has accepted the caveat.

(2) The caveat must be:
(a) in the approved form; and

(b) state the name of the caveator and the address at which the caveator may be given notices; and

(c) state the interest claimed in the affected authority; and

(d) be signed by the caveator or the caveator's representative.

(3) The Minister may accept the caveat and, as soon as practicable after doing so, must enter it in the register.

Note for subsection (3)

Section 111(1) and (2) has the effect that the Minister need not accept the caveat if it does not include the information required by this section or if a fee prescribed for lodging the caveat has not been paid.

(4) The caveat comes into force when the Minister accepts the caveat.

78 When caveat ceases to be in force

(1) The caveat ceases to be in force if:
(a) it is withdrawn under subsection (2); or

(b) the prescribed tribunal orders under section 79(3) that it be removed from the register or cancelled; or

(c) section 80(1)(a) applies and no notice of continuance is accepted under section 80(3).

(2) The caveator may withdraw the caveat by giving the Minister a written notice of the withdrawal.

(3) If the caveat ceases to be in force (the cancelled caveat), the caveator must not lodge another caveat claiming the same geothermal interest as specified in the cancelled caveat unless the prescribed tribunal orders otherwise.

79 Notice of caveat and application for cancellation or removal
(1) The Minister must give notice of the acceptance of a caveat to the holder of, or applicant for, the geothermal authority to which the caveat relates.

(2) The holder or applicant may apply to the prescribed tribunal for a summons ordering the caveator to appear before the tribunal to give reasons why the caveat should not be removed from the register or cancelled.

(3) The prescribed tribunal may make the orders it considers appropriate, including an order that:

(a) the caveat be removed from the register; or

(b) if the caveat has not yet been entered in the register – the caveat be cancelled.

80 Effect of caveat on registration of particular dealing
(1) If, after accepting the caveat, the Minister receives an instrument purporting to deal with the geothermal authority or geothermal authority application to which the caveat relates (the dealing), the Minister:
(a) must give the caveator written notice of the receipt of the dealing; and

(b) may enter the dealing in the register only after the caveat ceases to have effect in relation to the dealing.

(2) The caveat ceases to have effect in relation to the dealing:
(a) at the end of 30 days after notice is given to the caveator under subsection (1)(a); or

(b) if a notice of continuance of the caveat is accepted under subsection (3)(b) – on acceptance of the notice.

(3) After the caveator receives a notice under subsection (1)(a):
(a) the caveator may lodge with the Minister a written notice of the continuation of the caveat; and

(b) the Minister must accept the notice of continuance if the caveator:

(i) lodges the notice before the end of the period mentioned in subsection (2)(a); and

(ii) pays any fee prescribed for the lodgment.


Clauses 81 to 97, by leave, taken together and agreed to.
On the motion of Mr Vatskalis the following amendment was agreed to, after debate -

PART 9

Heading

omit

Proceeding

Substitute

proceedings

Heading, as amended, agreed to.
Clauses 98 to 116, by leave, taken together and agreed to, after debate.
Clause 117 read.
On the motion of Mr Vatskalis the following amendment was agreed to, after debate -

Omit subclause (1)

On the motion of Mr Vatskalis the following further amendment was agreed to -

In subclause (2) omit "other information" and substitute "information".

On the motion of Mr Vatskalis the following further amendment was agreed to -

In subclause (2)(c)

omit, substitute

(c) if the information is all or part of an annual report given to the Minister under section 52 – no earlier than 5 years after the expiry of the time prescribed for the giving of the report; or

(d) in any other circumstance – no earlier than 5 years after the date on which the Minister received the information.

On the motion of Mr Vatskalis the following further amendment was agreed to -

In subclause (3)
omit

not, at any time, release or publish the following information about a geothermal production

substitute

not release or publish the following information about a geothermal production lease during the term of the

Clause, as amended, agreed to.
Clauses 118 to 121, by leave, taken together and agreed to.
Clause 122 read.
On the motion of Mr Vatskalis the following amendment was agreed to, AFTER DEBATE -

Subclause (3)

omit, substitute

(3) The regulations may also provide for any matter relevant to an application to a prescribed tribunal permitted under this Act.
Clause, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
_____________________

The Assembly resumed; the Speaker took the Chair; the Deputy Speaker and Chairman of Committees (Ms Walker) reported to the Assembly that the Committee had agreed to the Bill with amendments.

On the motion of the Minister for Primary Industry, Fisheries and Resources (Mr Vatskalis) the Bill was read a third time and passed to be a proposed law.

The Order of the Day having been read for the resumption of debate on the question - That the Bill be now read a second time -
Debate resumed.
________________


Visitors: The Speaker advised members of the presence in the public gallery of the First Darwin Sea Scouts, accompanied by Scout Leader Mrs Alex Knowler; Scout Leader Mr Ross Champion; and Group Leader Mr Peter Zagorski.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
_______________


Debate continued.
Question - put and passed.
Bill read a second time.
The Assembly resolved itself into Committee of the Whole for consideration of the Bill.
_________________________

In Committee

(Deputy Speaker and Chair of Committees - Ms Walker in the Chair)

Bill, by leave, taken as a whole.
On the motion of the Minister for Planning and Lands (Ms Lawrie) the following amendment was agreed to, after debate -

CLAUSE 2
10.1 Clause 2(1)
omit

Part

substitute

Act

On the motion of Ms Lawrie the following further amendment was agreed to, after debate -

CLAUSE 5
10.2 Clause 5, after heading
insert

In this Act:

On the motion of Ms Lawrie the following further amendment was agreed to, after debate -
CLAUSE 109

10.3 Clause 109, definition commencement

omit

this Part

substitute

section 109


On the motion of Ms Lawrie the following further amendment was agreed to, after debate -

CLAUSE 135

10.4 Proposed section 54A(2), after "section 65(2)"

insert

of the Unit Title Schemes Act


Debate continued on the Bill as a whole.
Bill as a whole agreed to, with amendments.
Bill to be reported with amendments.
_____________________

The Assembly resumed; the Speaker took the Chair; the Deputy Speaker and Chairman of Committees (Ms Walker) reported to the Assembly that the Committee had agreed to the Bill, with amendments.

The Minister for Planning and Lands (Ms Lawrie) moved - That the Bill be now read a third time.
Debate ensued.
Question - put and passed.
The Bill was read a third time and passed to be a proposed law.

The Speaker advised Members of her intention to be flexible in her approach to those Members who may be speaking when the motion for the adjournment of the Assembly is to be put in the following terms:

For the information of honourable members and for the purpose of clarification of the procedural arrangements at 9pm tonight and the conduct of the adjournment of the Assembly I advise honourable members as follows.

Honourable members will be aware that in November 2008 the Assembly adopted the recommendations contained in a report of the Standing Orders Committee for new procedures for the automatic adjournment of the Assembly now contained in new Standing Order 41(a).

In subsequent discussions conducted in the Standing Orders Committee opposition members raised a number of matters relating to the programming of proceedings, in particular the conduct of discussions of MPI’S and the operation of the new Standing Order.

Following discussions in the committee I now advise that the following procedural guidelines were agreed to for the operation of the new Standing Order 41(a).

I advise honourable members that I propose to administer the conduct of the adjournment of the Assembly in line with the agreed arrangement until further notice.

I also point out that the above arrangements are consistent with long standing practice of this Assembly.

The Minister for Natural Resources, Environment and Heritage (Ms Anderson) made a statement on the introduction of a Cash for Containers Scheme.
Ms Anderson - moved - That the Assembly take note of the Statement.
Debate ensued.
Debate adjourned.

The Speaker, pursuant to Standing Order 41A, at 9pm proposed the question - That the Assembly do now adjourn.
Debate ensued.
Question - put and passed.
The Assembly adjourned at 9.37pm until Tuesday 5 May 2009 at 10am.
_______________

PAPERS:
There were no Papers deemed to be presented on Thursday 30 April 2009.
______________________

ATTENDANCE:
All Members attended the sittings except -

Mr Ian McNeill
Clerk of the Legislative Assembly