Minutes of Proceedings - 1998-02-19
Eighth Assembly First Session 17/02/1998 Parliamentary Record No. 3
__________________________________________________________________________________
Date : 19/02/1998__________________________________________________________________________________
1. MEETING:
2. PRAYERS.
3. MESSAGE FROM THE ADMINISTRATOR:
4. DISTINGUISHED VISITORS:
6. PETITIONS:
7. GULF CRISIS - MOTION AGREED TO:
9. PLANNING ACT, SECTION 67(4) - PAPERS TABLED - MOTION TO NOTE PAPERS:
Lot 4953 Harry Chan Avenue, Town of Darwin - 36 Flats - DP97/0719, dated 5 December 1997 (Paper 258);
Lot 4953 Harry Chan Avenue, Town of Darwin - 36 Flats, DP97/0720, dated 5 December 1997 (Paper 257);
Lots 6516 and 6594, The Esplanade, Town of Darwin - 4 Townhouses, DP97/0718 (Paper 259); and
Lots 6516 and 6594, The Esplanade, Town of Darwin - Subdivision, DP97/0717, dated 5 December 1997 (Paper 260).
10. POWER AND WATER AUTHORITY - WANGURI/TIWI POWER DISRUPTION - MINISTERIAL STATEMENT - MOTION TO NOTE STATEMENT:
The Assembly divided (the Speaker, Hon. L. M. Braham, in the Chair) -
AYES, 7 NOES, 17
Mr Ah Kit Mr Adamson
Mr Bailey Mr Balch
Mrs Hickey Mr Baldwin
Ms Martin Mr Burke
Mr Rioli Mr Coulter
Mr Stirling Mr Dunham
Mr Toyne Mr Elferink
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Stone
11. FINANCIAL INSTITUTIONS (NT) AMENDMENT BILL 1998 (Serial 44); BUILDING SOCIETIES ACT REPEAL BILL 1998 (Serial 45); and NORTHERN TERRITORY TREASURY CORPORATION AMENDMENT BILL 1998 (Serial 46):
12. WASTE MANAGEMENT AND POLLUTION CONTROL BILL 1998 (Serial 41); and WASTE MANAGEMENT AND POLLUTION CONTROL (CONSEQUENTIAL AMENDMENTS) BILL 1998 (Serial 43)
13. HOUSING AMENDMENT BILL 1998 (Serial 49):
15. FISHERIES AMENDMENT ACT 1997 AMENDMENT BILL 1997 (Serial 19):
The Assembly divided (the Deputy Speaker, Mr J. W. Elferink, in the Chair) -
AYES, 7 NOES, 17
Mr Ah Kit Mr Adamson
Mr Bailey Mr Balch
Mrs Hickey Mr Baldwin
Ms Martin Mr Burke
Mr Rioli Mr Coulter
Mr Stirling Mr Dunham
Mr Toyne Mr Elferink
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Stone
Amendment negatived accordingly.
Debate resumed.
Question - put.
The Assembly divided (the Deputy Speaker, Mr J. W. Elferink, in the Chair) -
AYES, 7 NOES, 17
Mr Ah Kit Mr Adamson
Mr Bailey Mr Balch
Mrs Hickey Mr Baldwin
Ms Martin Mr Burke
Mr Rioli Mr Coulter
Mr Stirling Mr Dunham
Mr Toyne Mr Elferink
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Stone
Amendment to main motion negatived accordingly.
Debate continued.
Mr Palmer moved - That the question be now put.
The Assembly divided (the Deputy Speaker, Mr J. W. Elferink, in the Chair) -
AYES, 17 NOES, 7
Mr Adamson Mr Ah Kit
Mr Balch Mr Bailey
Mr Baldwin Mrs Hickey
Mr Burke Ms Martin
Mr Coulter Mr Rioli
Mr Dunham Mr Stirling
Mr Elferink Mr Toyne
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Stone
And so it was resolved in the affirmative.
The Assembly divided (the Deputy Speaker, Mr J. W. Elferink, in the Chair) -
AYES, 7 NOES, 17
Mr Ah Kit Mr Adamson
Mr Bailey Mr Balch
Mrs Hickey Mr Baldwin
Ms Martin Mr Burke
Mr Rioli Mr Coulter
Mr Stirling Mr Dunham
Mr Toyne Mr Elferink
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Stone
Motion negatived accordingly.
The Assembly divided (the Deputy Chairman, Mr J. W. Elferink, in the Chair) -
AYES, 17 NOES, 7
Mr Adamson Mr Ah Kit
Mr Balch Mr Bailey
Mr Baldwin Mrs Hickey
Mr Burke Ms Martin
Mr Coulter Mr Rioli
Mr Dunham Mr Stirling
Mr Elferink Mr Toyne
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Stone
And so it was resolved in the affirmative.
The Assembly divided (the Deputy Speaker, Mr J. W. Elferink, in the Chair) -
AYES, 7 NOES, 17
Mr Ah Kit Mr Adamson
Mr Bailey Mr Balch
Mrs Hickey Mr Baldwin
Ms Martin Mr Burke
Mr Rioli Mr Coulter
Mr Stirling Mr Dunham
Mr Toyne Mr Elferink
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Stone
Amendment negatived accordingly.
Debate continued.
Mr Palmer moved - That the question be now put.
Question - That the question be now put - put.
The Assembly divided (the Deputy Speaker, Mr J. W. Elferink, in the Chair) -
AYES, 17 NOES, 7
Mr Adamson Mr Ah Kit
Mr Balch Mr Bailey
Mr Baldwin Mrs Hickey
Mr Burke Ms Martin
Mr Coulter Mr Rioli
Mr Dunham Mr Stirling
Mr Elferink Mr Toyne
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Stone
And so it was resolved in the affirmative.
AYES, 7 NOES, 16
Mr Ah Kit Mr Adamson
Mr Bailey Mr Balch
Mrs Hickey Mr Baldwin
Ms Martin Mr Burke
Mr Rioli Mr Coulter
Mr Stirling Mr Dunham
Mr Toyne Mr Elferink
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Amendment negatived accordingly.
Debate continued.
Debate continued.
The Assembly divided (the Deputy Speaker, Mr J. W. Elferink, in the Chair) -
AYES, 16 NOES, 7
Mr Adamson Mr Ah Kit
Mr Balch Mr Bailey
Mr Baldwin Mrs Hickey
Mr Burke Ms Martin
Mr Coulter Mr Rioli
Mr Dunham Mr Stirling
Mr Elferink Mr Toyne
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
And so it was resolved in the affirmative.
AYES, 7 NOES, 16
Mr Ah Kit Mr Adamson
Mr Bailey Mr Balch
Mrs Hickey Mr Baldwin
Ms Martin Mr Burke
Mr Rioli Mr Coulter
Mr Stirling Mr Dunham
Mr Toyne Mr Elferink
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Amendment negatived accordingly.
Mr Palmer moved the following amendment -
The Assembly divided (the Chairman, Mr P. A. Mitchell, in the Chair) -
AYES, 17 NOES, 7
Mr Adamson Mr Ah Kit
Mr Balch Mr Bailey
Mr Baldwin Mrs Hickey
Mr Burke Ms Martin
Mr Coulter Mr Rioli
Mr Dunham Mr Stirling
Mr Elferink Mr Toyne
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Stone
And so it was resolved in the affirmative.
The Assembly divided (the Chairman, Mr P. A. Mitchell, in the Chair) -
AYES, 7 NOES, 17
Mr Ah Kit Mr Adamson
Mr Bailey Mr Balch
Mrs Hickey Mr Baldwin
Ms Martin Mr Burke
Mr Rioli Mr Coulter
Mr Stirling Mr Dunham
Mr Toyne Mr Elferink
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Stone
Motion negatived accordingly.
The Assembly divided (the Chairman, Mr P. A. Mitchell, in the Chair) -
AYES, 17 NOES, 7
Mr Adamson Mr Ah Kit
Mr Balch Mr Bailey
Mr Baldwin Mrs Hickey
Mr Burke Ms Martin
Mr Coulter Mr Rioli
Mr Dunham Mr Stirling
Mr Elferink Mr Toyne
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Stone
And so it was resolved in the affirmative.
The Assembly divided (the Chairman, Mr P. A. Mitchell, in the Chair) -
AYES, 17 NOES, 7
Mr Adamson Mr Ah Kit
Mr Balch Mr Bailey
Mr Baldwin Mrs Hickey
Mr Burke Ms Martin
Mr Coulter Mr Rioli
Mr Dunham Mr Stirling
Mr Elferink Mr Toyne
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Stone
And so it was resolved in the affirmative.
Question - That the amendment be agreed to - put.
The Assembly divided (the Chairman, Mr P. A. Mitchell, in the Chair) -
AYES, 7 NOES, 17
Mr Ah Kit Mr Adamson
Mr Bailey Mr Balch
Mrs Hickey Mr Baldwin
Ms Martin Mr Burke
Mr Rioli Mr Coulter
Mr Stirling Mr Dunham
Mr Toyne Mr Elferink
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Stone
Amendment negatived accordingly.
Title as printed, agreed to.
Bill to be reported with amendments.
18. ADJOURNMENT:
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Date : 19/02/1998
1. MEETING:
- The Assembly met at 11:00 h. The Speaker, the Honourable L M Braham, took the Chair.
2. PRAYERS.
3. MESSAGE FROM THE ADMINISTRATOR:
- The Speaker advised Honourable Members of the receipt of the following Message from His Honour the Administrator:
Message No. 2
I, NEIL RAYMOND CONN, the Administrator of the Northern Territory of Australia, advise the Legislative Assembly of my assent, pursuant to section 7 of the Northern Territory (Self-Government) Act 1978 of the Commonwealth, to the following proposed laws:
28 November 1997:
Ayers Rock Resort (Sale) Act 1997
17 December 1997:
Police Administration Amendment Act 1997.
Dated 18 February 1998.
(Sgd) NEIL CONN
Administrator
(Paper 251).
4. DISTINGUISHED VISITORS:
- The Speaker (Mrs Braham) drew attention to the presence in the Speaker’s Gallery of the Hon Franca Arena, MLC, Member for the Legislative Council, New South Wales; the Hon Bruce Scott, Federal Minister for Veterans’ Affairs, and Mrs Scott; and the Hon Nick Dondas, MP, Member for the Northern Territory.
On behalf of Honourable Members, the Speaker extended a warm welcome to the distinguished visitors.
- The Speaker (Mrs Braham) drew attention to the presence in the gallery of Year 7 students from Gray Primary School, and their teachers, Mrs Sue Trimble, Ms Margaret Couper and Mrs Donelle Dingo.
On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.
6. PETITIONS:
- The Member for Stuart (Mr Toyne) presented a petition from 322 petitioners requesting that the decision to bulldoze the Old Alice Springs Prison be halted immediately, the Heritage Listing of the Old Alice Springs Prison be respected and any development of this area be a matter of open public process. (Paper 252)
Petition read.
The Member for Stuart (Mr Toyne) presented a petition from 41 citizens of the Northern Territory requesting that the Assembly reject the Heritage Conservation Amendment Bill 1997 as it is believed that the Bill will lead to the destruction of Northern Territory heritage and damage the future. (Paper 253)
Petition read.
7. GULF CRISIS - MOTION AGREED TO:
- The Chief Minister (Mr Stone), by leave, moved - That -
(1) this Assembly expresses it full support for Australia’s involvement with the multinational forces in the Persian Gulf; and
(2) the Speaker forward the Resolution to the Prime Minister forthwith. (Paper 254).
Debate ensued.
Question - put and passed.
- 11:10 Mrs Hickey to Mr Poole.
11:12 Mr Balch to Mr Stone.
11:18 Mr Stirling to Mr Poole.
11:23 Mr McCarthy to Mr Palmer.
11:31 Mr Bailey to Mr Poole.
11:36 Mr Elferink to Mr Poole.
11:43 Ms Martin to Mr Poole.
11:46 Mr Dunham to Mr Manzie.
11:50 Mr Toyne to Mrs Hickey.
Paper tabled: The Leader of the Opposition (Mrs Hickey), by leave, laid on the Table the following Paper -
Form, Department of Correctional Services, HM Gaol and Labour Prison, Alice Springs. (Paper 255)
- 11:58 Mr Mitchell to Mr Baldwin.
12:01 Mr Rioli to Mr Poole.
12:05 Supplementary answer: Mr Coulter answered a question asked by Mr Bailey on Wednesday 18 February 1997.
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- Suspension of sitting: The sitting was suspended between 12:09 h and 14:15 h.
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9. PLANNING ACT, SECTION 67(4) - PAPERS TABLED - MOTION TO NOTE PAPERS:
- The Minister for Lands, Planning and the Environment (Mr Palmer), as required under Section 67(4) of the Planning Act, tabled papers related to directions given by him under Section 67(3)(b) of the Planning Act in respect of the following planning applications:
Lot 4953 Harry Chan Avenue, Town of Darwin - 36 Flats - DP97/0719, dated 5 December 1997 (Paper 258);
Lot 4953 Harry Chan Avenue, Town of Darwin - 36 Flats, DP97/0720, dated 5 December 1997 (Paper 257);
Lots 6516 and 6594, The Esplanade, Town of Darwin - 4 Townhouses, DP97/0718 (Paper 259); and
Lots 6516 and 6594, The Esplanade, Town of Darwin - Subdivision, DP97/0717, dated 5 December 1997 (Paper 260).
- Mr Palmer moved - That the Assembly take note of the Papers.
Ordered that Mr Palmer have leave to continue his remarks at a later hour.
Debate adjourned.
10. POWER AND WATER AUTHORITY - WANGURI/TIWI POWER DISRUPTION - MINISTERIAL STATEMENT - MOTION TO NOTE STATEMENT:
- The Minister for Essential Services (Mr Poole) made a statement regarding power outages in the Wanguri/Tiwi area. (Paper 261)
Mr Poole moved - That the Assembly take note of the Statement.
Debate ensued.
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- Proposed Censure of the Minister for Essential Services - Motion Negatived:
- Omit all words after “that” and insert in their stead “this Assembly condemns the Minister for Essential Services for his incompetence in delivering a reliable supply of electricity to Territorians and censures him for his poor performance in this portfolio and in his responsibilities as Correctional Services Minister.”.(Paper 262)
The Leader of Government Business (Mr Coulter) informed the Assembly that the Government, pursuant to Standing Order 95, accepted the amendment as a motion of censure.
Debate ensued.
The Minister for Asian Relations, Trade and Industry (Mr Manzie) moved that the motion be put - Question put and passed.
The Assembly divided (the Speaker, Hon. L. M. Braham, in the Chair) -
AYES, 7 NOES, 17
Mr Ah Kit Mr Adamson
Mr Bailey Mr Balch
Mrs Hickey Mr Baldwin
Ms Martin Mr Burke
Mr Rioli Mr Coulter
Mr Stirling Mr Dunham
Mr Toyne Mr Elferink
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Stone
- Motion negatived accordingly.
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On the motion of the Leader of Government Business (Mr Coulter) debate on the motion - “That the Assembly take note of the Statement”, was adjourned.
11. FINANCIAL INSTITUTIONS (NT) AMENDMENT BILL 1998 (Serial 44); BUILDING SOCIETIES ACT REPEAL BILL 1998 (Serial 45); and NORTHERN TERRITORY TREASURY CORPORATION AMENDMENT BILL 1998 (Serial 46):
- Suspension of Standing Orders - Take three Bills together: The Chief Minister (Mr Stone) moved - That so much of Standing Orders be suspended as would prevent three Bills, namely the Financial Institutions (NT) Amendment Bill 1998 (Serial 44); the Building Societies Act Repeal Bill 1998 (Serial 45); and the Northern Territory Treasury Corporation Amendment Bill 1998 (Serial 46) -
(a) being presented and read a first time together and one motion being put in regard to, respectively, the second readings, the Committee's report stage, and the third readings of the Bills together; and
(b) the consideration of the Bills separately in the Committee of the Whole.
Question - put and passed.
Mr Stone, pursuant to notice, presented a Bill for an Act to amend the Financial Institutions (NT) Act; a Bill for an Act to repeal the Building Societies Act; and a Bill for an Act to amend the Northern Territory Treasury Corporation Act.
Bills read a first time.
Mr Stone moved - That the Bills be now read a second time.
On the motion of the Leader of the Opposition (Mrs Hickey) debate was adjourned.
12. WASTE MANAGEMENT AND POLLUTION CONTROL BILL 1998 (Serial 41); and WASTE MANAGEMENT AND POLLUTION CONTROL (CONSEQUENTIAL AMENDMENTS) BILL 1998 (Serial 43)
- Suspension of Standing Orders - Take two Bills together: The Minister for Lands, Planning and Environment (Mr Palmer) moved - That so much of Standing Orders be suspended as would prevent two Bills, namely the Waste Management and Pollution Control Bill 1998 (Serial 41) and the Waste Management and Pollution Control (Consequential Amendments) Bill 1998 (Serial 43) -
(a) being presented and read a first time together and one motion being put in regard to, respectively, the second readings, the Committee's report stage, and the third readings of the Bills together; and
(b) the consideration of the Bills separately in the Committee of the Whole.
Question - put and passed.
Mr Palmer, pursuant to notice, presented a Bill for an Act to provide for the protection of the environment through encouragement of effective waste management and pollution prevention and control practices and for related purposes; and a Bill for an Act to amend various Acts consequential on the passing of the Waste Management and Pollution Control Act.
Bills read a first time.
Mr Palmer moved - That the Bills be now read a second time.
On the motion of the Leader of the Opposition (Mrs Hickey) debate was adjourned.
13. HOUSING AMENDMENT BILL 1998 (Serial 49):
- The Minister for Housing (Mr Baldwin), pursuant to notice, presented a Bill for an Act to amend the Housing Act.
Bill read a first time.
Mr Baldwin moved - That the Bill be now read a second time.
On the motion of the Member for Fannie Bay (Ms Martin) debate was adjourned.
- The Order of the Day having been read for the resumption of the debate on the question - that the Bill be now read a second time -
Debate ensued.
Question - put and passed.
Bill read a second time.
Leave granted for a motion for the third reading of the Bill to be moved forthwith.
On the motion of the Minister for the AustralAsia Railway (Mr Coulter) the Bill was read a third time and passed to be a proposed law.
15. FISHERIES AMENDMENT ACT 1997 AMENDMENT BILL 1997 (Serial 19):
- The Order of the Day having been read for the resumption of the debate on the question - that the Bill be now read a second time -
Debate ensued.
Question - put and passed.
Bill read a second time.
Leave granted for a motion for the third reading of the Bill to be moved forthwith.
On the motion of the Minister for Primary Industry and Fisheries (Mr Palmer) 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 the debate on the question - that the Bill be now read a second time -
Debate ensued.
Question - put and passed.
Bill read a second time.
The Assembly, resolved itself into Committee of the Whole for consideration of the Bill.
____________________
In the Committee
(Chairman - Mr Mitchell)
In the Committee
(Chairman - Mr Mitchell)
- Clauses 1-99, by leave, taken together and agreed to.
On the motion of Mr Palmer the following new clause was inserted in the Bill -
"99A. INTERNAL COMPLAINTS PROCEDURES
- "A prescribed provider must implement the internal complaints procedures as set out in the Regulations.
Penalty: $5,000.".
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with an amendment.
_____________________
- The Speaker (Mrs Braham) resumed the Chair, the Chairman (Mr Mitchell) reported accordingly and the report was adopted.
On the motion of the Minister for Health, Family and Children’s Services (Mr Burke) 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 the debate on the motion of Mr Palmer - That the Bill be now read a second time -
Debate resumed.
Ms Martin moved the following amendment to the main motion - (“That the Bill be now read a second time”):
Omit all words after “That” and insert in their stead “the Assembly declines to give the Bill a second reading as it is of the opinion the Minister has:
(a) failed to consult properly about the Bill;
(b) failed to respect the Territorians who have expressed concerns regarding the Bill; and
(c) failed to allay the fears of Territorians that the enactment of the Bill will be used by the Minister to destroy the Territory’s heritage places.”. (Paper 263)
Question - That the question be now put - put.
The Assembly divided (the Deputy Speaker, Mr J. W. Elferink, in the Chair) -
AYES, 17 NOES, 7
Mr Adamson Mr Ah Kit
Mr Balch Mr Bailey
Mr Baldwin Mrs Hickey
Mr Burke Ms Martin
Mr Coulter Mr Rioli
Mr Dunham Mr Stirling
Mr Elferink Mr Toyne
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Stone
And so it was resolved in the affirmative.
The Assembly divided (the Deputy Speaker, Mr J. W. Elferink, in the Chair) -
AYES, 7 NOES, 17
Mr Ah Kit Mr Adamson
Mr Bailey Mr Balch
Mrs Hickey Mr Baldwin
Ms Martin Mr Burke
Mr Rioli Mr Coulter
Mr Stirling Mr Dunham
Mr Toyne Mr Elferink
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Stone
Amendment negatived accordingly.
Debate resumed.
- The Member for Stuart (Mr Toyne) moved the following amendment to the main motion - (“That the Bill be now read a second time”) -
Omit all words after “That” and insert in their stead “this Assembly disapproves of the content of the Bill as it seeks to provide the Minister unilateral power to destroy the Territory’s heritage places including the historic Alice Springs Prison.”. (Paper 264)
Question - put.
The Assembly divided (the Deputy Speaker, Mr J. W. Elferink, in the Chair) -
AYES, 7 NOES, 17
Mr Ah Kit Mr Adamson
Mr Bailey Mr Balch
Mrs Hickey Mr Baldwin
Ms Martin Mr Burke
Mr Rioli Mr Coulter
Mr Stirling Mr Dunham
Mr Toyne Mr Elferink
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Stone
Amendment to main motion negatived accordingly.
Debate continued.
- The Leader of the Opposition (Mrs Hickey) moved the following amendment to the main motion - (“That the Bill be now read a second time”):
Omit all words after “That” and insert in their stead “the Assembly declines to give the Bill a second reading as it is of the opinion that this bill is poor public policy and acts against the interests of the Northern Territory.”. (Paper 265)
Mr Palmer moved - That the question be now put.
-----------------------
- Dissent from ruling of the Deputy Speaker: The Deputy Speaker having put the question from the Chair and decided that the “Ayes have it” on the voices -
The Member for Nhulunbuy (Mr Stirling) thereupon moved dissent from the ruling of the Deputy Speaker.
Mr Palmer moved - That the question be now put - (on the motion of dissent from the ruling of the Deputy Speaker - Mr Stirling).
The Assembly divided (the Deputy Speaker, Mr J. W. Elferink, in the Chair) -
AYES, 17 NOES, 7
Mr Adamson Mr Ah Kit
Mr Balch Mr Bailey
Mr Baldwin Mrs Hickey
Mr Burke Ms Martin
Mr Coulter Mr Rioli
Mr Dunham Mr Stirling
Mr Elferink Mr Toyne
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Stone
And so it was resolved in the affirmative.
- Question - That the motion of dissent from the ruling of the Deputy Speaker - (Mr Stirling), be agreed to.
The Assembly divided (the Deputy Speaker, Mr J. W. Elferink, in the Chair) -
AYES, 7 NOES, 17
Mr Ah Kit Mr Adamson
Mr Bailey Mr Balch
Mrs Hickey Mr Baldwin
Ms Martin Mr Burke
Mr Rioli Mr Coulter
Mr Stirling Mr Dunham
Mr Toyne Mr Elferink
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Stone
Motion negatived accordingly.
--------------------------------------------
Mrs Hickey having received the call from the Chair -
- Mr Palmer moved - That the question be now put - (on the amendment moved by Mrs Hickey).
The Assembly divided (the Deputy Chairman, Mr J. W. Elferink, in the Chair) -
AYES, 17 NOES, 7
Mr Adamson Mr Ah Kit
Mr Balch Mr Bailey
Mr Baldwin Mrs Hickey
Mr Burke Ms Martin
Mr Coulter Mr Rioli
Mr Dunham Mr Stirling
Mr Elferink Mr Toyne
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Stone
And so it was resolved in the affirmative.
- Question - That the amendment to the main motion (“That the Bill be now read a second time”) moved by Mrs Hickey, be agreed to.
The Assembly divided (the Deputy Speaker, Mr J. W. Elferink, in the Chair) -
AYES, 7 NOES, 17
Mr Ah Kit Mr Adamson
Mr Bailey Mr Balch
Mrs Hickey Mr Baldwin
Ms Martin Mr Burke
Mr Rioli Mr Coulter
Mr Stirling Mr Dunham
Mr Toyne Mr Elferink
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Stone
Amendment negatived accordingly.
Debate continued.
- The Member for Wanguri (Mr Bailey) moved the following amendment to the main motion (“That the Bill be now read a second time”).
Omit the word “now” and add at the end “this day six months”. (Paper 266)
Mr Palmer moved - That the question be now put.
Question - That the question be now put - put.
The Assembly divided (the Deputy Speaker, Mr J. W. Elferink, in the Chair) -
AYES, 17 NOES, 7
Mr Adamson Mr Ah Kit
Mr Balch Mr Bailey
Mr Baldwin Mrs Hickey
Mr Burke Ms Martin
Mr Coulter Mr Rioli
Mr Dunham Mr Stirling
Mr Elferink Mr Toyne
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Stone
And so it was resolved in the affirmative.
- Question - That the amendment to the main motion (“That the Bill be now read a second time”) moved by Mr Bailey, be agreed to - put.
AYES, 7 NOES, 16
Mr Ah Kit Mr Adamson
Mr Bailey Mr Balch
Mrs Hickey Mr Baldwin
Ms Martin Mr Burke
Mr Rioli Mr Coulter
Mr Stirling Mr Dunham
Mr Toyne Mr Elferink
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Amendment negatived accordingly.
Debate continued.
- Paper tabled: The Minister for Lands, Planning and Environment (Mr Palmer) laid on the Table the following paper -
Debate continued.
- The Member for Fannie Bay (Ms Martin) moved the following amendment to the main motion - (“That the Bill be now read a second time):
Omit all words after “That” and insert in their stead -
“(1) the Bill be referred to the Sessional Committee on the Environment; and
“(2) the Committee shall -
- (a) undertake proper community consultation and specifically seek comment from the Alice Springs community regarding the historic Alice Springs Prison;
(b) examine the appropriateness of the Minister to be clothed with unilateral power to destroy the Territory’s heritage places and objects; and
- Mr Palmer moved - That the question be now put.
The Assembly divided (the Deputy Speaker, Mr J. W. Elferink, in the Chair) -
AYES, 16 NOES, 7
Mr Adamson Mr Ah Kit
Mr Balch Mr Bailey
Mr Baldwin Mrs Hickey
Mr Burke Ms Martin
Mr Coulter Mr Rioli
Mr Dunham Mr Stirling
Mr Elferink Mr Toyne
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
And so it was resolved in the affirmative.
- Question - That the amendment to the main motion (“That the Bill be now read a second time”) moved by Ms Martin, be agreed to - put.
AYES, 7 NOES, 16
Mr Ah Kit Mr Adamson
Mr Bailey Mr Balch
Mrs Hickey Mr Baldwin
Ms Martin Mr Burke
Mr Rioli Mr Coulter
Mr Stirling Mr Dunham
Mr Toyne Mr Elferink
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Amendment negatived accordingly.
- Question - That the Bill be now read a second time - put and passed.
Bill read a second time..
The Assembly accordingly resolved itself into Committee of the Whole for consideration of the Bill.
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In Committee
(the Chairman, Mr Mitchell in the Chair)
(the Chairman, Mr Mitchell in the Chair)
Clauses 1 to 6 taken together, by leave, and agreed to after debate.
Clause 7 read.
On the motion of the Minister for Lands, Planning and Environment (Mr Palmer) the following amendment was agreed to:
Omit from proposed section 39G(1) "The owner" and insert in its stead "For the purpose of protecting the health or safety of persons or in an emergency, the owner".
Mr Palmer moved the following amendment -
- Insert after proposed section 39H(2) the following:
- "(2A) The Minister must not revoke a declaration under subsection (2)(a) or (b) except —
- (a) for the purpose of protecting the health or safety of persons; or
- (b) in an emergency.".
The Assembly divided (the Chairman, Mr P. A. Mitchell, in the Chair) -
AYES, 17 NOES, 7
Mr Adamson Mr Ah Kit
Mr Balch Mr Bailey
Mr Baldwin Mrs Hickey
Mr Burke Ms Martin
Mr Coulter Mr Rioli
Mr Dunham Mr Stirling
Mr Elferink Mr Toyne
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Stone
And so it was resolved in the affirmative.
- The Member for Wanguri (Mr Bailey) moved - That the Chairman do report progress and ask leave to sit again.
Question - put and negatived.
Mr Bailey moved - That the Chairman do now leave the Chair.
The Assembly divided (the Chairman, Mr P. A. Mitchell, in the Chair) -
AYES, 7 NOES, 17
Mr Ah Kit Mr Adamson
Mr Bailey Mr Balch
Mrs Hickey Mr Baldwin
Ms Martin Mr Burke
Mr Rioli Mr Coulter
Mr Stirling Mr Dunham
Mr Toyne Mr Elferink
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Stone
Motion negatived accordingly.
- Mr Palmer moved - That so much of Standing Orders be suspended as would prevent amendments numbered 1.3 to 1.8 inclusive in schedule 1 standing in my name being put and taken together, forthwith.
The Assembly divided (the Chairman, Mr P. A. Mitchell, in the Chair) -
AYES, 17 NOES, 7
Mr Adamson Mr Ah Kit
Mr Balch Mr Bailey
Mr Baldwin Mrs Hickey
Mr Burke Ms Martin
Mr Coulter Mr Rioli
Mr Dunham Mr Stirling
Mr Elferink Mr Toyne
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Stone
And so it was resolved in the affirmative.
- On the motion of Mr Palmer the following amendments were accordingly put, taken together and agreed to, after debate -
- Insert after proposed section 39H(5) the following:
- "(5A) Where the Minister revokes a declaration under subsection (2)(a) or (b), the Minister must table in the Legislative Assembly his or her reasons for the revocation within 3 sitting days of the Assembly after the revocation.";
Insert after "destroy," in proposed section 39J(1)(c) "demolish,";
Insert after "destruction," in proposed section 39K(1)(c) "demolition,";
- Omit from proposed section 39K(4) "The Minister" and insert in its stead "Subject to subsection (4A), the Minister";
- Insert after proposed section 39K(4) the following:
- “(4A) The Minister or the Minister's delegate must not authorise the conduct of an activity under subsection (1), (2) or (3) unless the Minister or the Minister's delegate has referred the matter to the Council for comment and has considered the comments received in accordance with the referral.
- “(4B) Where the Minister or the Minister's delegate receives an application under section 39J(1) or (2), the Minister or the Minister's delegate must refer the matter to which the application relates to the Council within 7 days after receiving the application.
- “(4C) Where the Minister or the Minister's delegate refers a matter to the Council in pursuance of subsection (4A), the Council must provide its comments within —
- (a) 14 days after receiving the referral; or
- (b) if the Minister specifies a longer period — that period.
- “(4D) The Minister or the Minister's delegate must advise the Council of his or her decision in respect of a matter referred to the Council for comment in pursuance of subsection (4A) and the reasons for that decision."; and
Insert after proposed section 39K the following:
“39L. COUNCIL MAY DELEGATE PROVISION OF COMMENTS
- “(1) The Council may, by resolution, delegate to a specified person or to a person for the time being holding, acting in or performing the duties of a specified office, designation or position any of its powers in relation to providing comments for the purposes of section 39K(4A).
- “(2) A power delegated under subsection (1) is to be taken to have been exercised by the Council.
- “(3) A delegation under subsection (1) does not prevent the exercise of a power by the Council.”.
Debate ensued.
The Chief Minister (Mr Stone) moved - That the question be now put.
Question - put and passed.
Clause 7, as amended, agreed to.
Clause 8 read and agreed to.
Clause 9 read and agreed to.
Title read.
Ms Martin moved - that the words “Heritage Conservation Amendment Act” be omitted and the following words inserted in their stead “Heritage Destruction Act to eliminate the heritage and ensure the destruction of Territory history and for related purposes.”.
Mr Palmer moved - That the question be now put.
The Assembly divided (the Chairman, Mr P. A. Mitchell, in the Chair) -
AYES, 17 NOES, 7
Mr Adamson Mr Ah Kit
Mr Balch Mr Bailey
Mr Baldwin Mrs Hickey
Mr Burke Ms Martin
Mr Coulter Mr Rioli
Mr Dunham Mr Stirling
Mr Elferink Mr Toyne
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Stone
And so it was resolved in the affirmative.
Question - That the amendment be agreed to - put.
The Assembly divided (the Chairman, Mr P. A. Mitchell, in the Chair) -
AYES, 7 NOES, 17
Mr Ah Kit Mr Adamson
Mr Bailey Mr Balch
Mrs Hickey Mr Baldwin
Ms Martin Mr Burke
Mr Rioli Mr Coulter
Mr Stirling Mr Dunham
Mr Toyne Mr Elferink
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Stone
Amendment negatived accordingly.
Title as printed, agreed to.
Bill to be reported with amendments.
_____________________
- The Speaker (Mrs Braham) resumed the Chair, the Chairman (Mr Mitchell) reported accordingly and the report was adopted.
On the motion of the Minister for Lands, Planning and Environment (Mr Palmer) the Bill was read a third time and passed to be a proposed law.
18. ADJOURNMENT:
- The Leader of Government Business (Mr Coulter) moved - That the Assembly do now adjourn.
Debate ensued.
Question - put and passed.
And the Assembly adjourned at 21:07 h until 10:00 h on Tuesday 24 February 1998.
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- ATTENDANCE:
All Members attended the sitting.
Ian McNeill
Clerk of the Legislative Assembly
Last updated: 04 Aug 2016