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Minutes of Proceedings - 1996-02-21

Seventh Assembly First Session 20/02/1996 Parliamentary Record No. 19
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Date : 21/02/1996
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1. MEETING:
    The Assembly met at 10.00 a.m., pursuant to adjournment. The Speaker, the Honourable T.R. McCarthy, took the Chair.

2. PRAYERS.

3. VISITORS:
    The Speaker (Mr McCarthy) drew the attention of Honourable Members to the presence in the Gallery of Larrakeyah Primary School students, Year 6 and 7, and their teachers Ms Trudy Proctor, Mr Steve Morrison and Ms Pam Dempster.
      On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.

4. PETITIONS:
    The Member for Nelson (Mrs Padgham-Purich) presented a petition from 160 petitioners requesting the Assembly facilitate public discussion on the utilisation of the area known as Howard Springs Forest (Paper 2205).
      Petition read.
    The Member for Leanyer (Mr Finch), by leave, presented a petition, not conforming with Standing Orders, from 871 petitioners requesting the Assembly ensure that the two kilometre law in respect of alcohol and laws relating to the sale of alcohol to intoxicated persons be enforced and that proposed "drinking areas" not be proceeded with (Paper 2206).
      Petition read.

5. NOTICE:
    The following notice was given -
      Mr Stone: To present the Fire and Emergency Bill 1996 (Serial 140).

6. QUESTIONS:
    A question was asked of a Minister.
    Papers tabled: The Member for Nhulunbuy (Mr Stirling), by leave, laid on the Table the following Papers -
      Memorandum, D. J. Cairns, Deputy Secretary, Schools Policy and Operations North to Superintendents, Operations North re Regional Councils of Principals - Week beginning 19 February 1996, dated 19 February 1996 (Paper 2207); and
      Memorandum, Michael Fong, Secretary, Department of Education to All Teaching Staff re: Direction as to Teaching Duties and Responsibilities, dated 19 February 1996 (Paper 2208).
      Further questions were asked of Ministers.
      Paper tabled: The Chief Minister (Mr Stone) laid on the Table the following Paper -
      Letter to the Editor, N. T News, Astonished reaction , signed by Graham Watson, Cox Peninsula, dated 18 October 1995 (Paper 2209).

      Further questions were asked of Ministers.

7. PROPOSED CENSURE OF MINISTER FOR LANDS, PLANNING AND ENVIRONMENT - MOTION NEGATIVED:
Suspension of Standing Orders - Move motion of Censure on Minister for Lands,
    Planning and Environment: The Member for Fannie Bay (Ms Martin) moved - That so much of Standing Orders be suspended as would prevent her moving a motion of censure on the Minister for Lands, Planning and Environment (Mr Reed).
    The Leader of Government Business (Mr Coulter) informed the Assembly that the Government, pursuant to Standing Order 95, accepted the notice of motion as a censure motion.
    The Member for Fannie Bay (Ms Martin) thereupon moved - That this Assembly -
        censures the Minister for Lands, Planning and Environment (Mr Reed) for his failure to protect the environment in the Northern Territory; for his failure to enforce Northern Territory environmental protection laws; and for his failure to develop an adequate environmental protection framework for the Northern Territory.
      Debate ensued.
____________________
      Suspension of sitting: The sitting was suspended between 12.00 p.m. and 2.00 p.m.
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      Debate resumed.
    Papers tabled: The Minister for Lands, Planning and Environment (Mr Reed) laid on the Table the following Papers -
      Strategy for Waste Management and Pollution Control in the Northern Territory, Department of Lands, Planning and Environment, dated September 1995 (Paper 2210);
      Territory Labor. Policies for Growth. Jobs. Security. Darwin 2020, Territory Labors Strategy for Urban Darwin (Paper 2211);
      Darwin 2020, Territory Labor (Paper 2212);
      Letter, Hon Mike Reed, MLA, Minister for Lands, Planning and Environment to Mr John Ah Kit, MLA, Member for Arnhem, dated 21 February 1995 (Paper 2213); and
      Stormwater - Keep it Clean (Paper 2214).
      Debate continued.
      Question - put.
      The Assembly divided (the Speaker, Hon. T.R. McCarthy, in the Chair) -

AYES, 8 NOES, 15

Mr Ah Kit Mr Adamson
Mr Bailey Mr Baldwin
Mr Bell Mrs Braham
Mr Ede Mr Burke
Mrs Hickey Mr Coulter
Ms Martin Mr Finch
Mr Rioli Mr Hatton
Mr Stirling Dr Lim
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Setter
Mr Stone
      Motion negatived accordingly.

8. FEDERAL LABORS FAILURE - MINISTERIAL STATEMENT - STATEMENT NOTED:
    The Chief Minister (Mr Stone) made a Statement relating to Federal Labors Territory track record of failure (Paper 2215).
      Mr Stone moved - That the Assembly take note of the Statement.
      Debate ensued.
    Paper tabled: The Minister for Health Services (Mr Finch) laid on the Table the following Paper -
      Extract from Centralian Advocate article Snowdon lashes education flaws, page 7, dated 16 February 1996 (Paper 2216).
      Debate continued.
    Paper tabled: The Member for Nhulunbuy (Mr Stirling), by leave, laid on the Table the following Paper -
      Paper, VET Provision outside Darwin and Alice Springs (Paper 2217).
      Debate continued.
      Question - put and passed.

9. FURTHER NOTICE:
    The following further notice was given, by leave:
    Mr Stone: To present the Fire and Emergency (Consequential Amendments) Bill 1996 (Serial 141).

10. MOTOR VEHICLES AMENDMENT BILL 1996 (Serial 137); and TRAFFIC AMENDMENT BILL 1996 (Serial 138):
    Suspension of Standing Orders - Take two Bills together: The Minister for Transport and Works (Mr Palmer) moved - That so much of Standing Orders be suspended as would prevent two Bills, namely the Motor Vehicles Amendment Bill 1996 (Serial 137) and the Traffic Amendment Bill 1996 (Serial 138) -
      (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 - there being an absolute majority of the whole number of Members present and no dissentient voice.
    Mr Palmer, pursuant to notice, presented a Bill for an Act to amend the Motor Vehicles Act; and a Bill for an Act to amend the Traffic Act.
      Bills read a first time.
      Mr Palmer moved - That the Bills be now read a second time.
      On the motion of the Member for Wanguri (Mr Bailey) debate was adjourned.

11. ASSOCIATIONS INCORPORATION AMENDMENT BILL (No. 2) 1995 (Serial 129):
    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 Attorney-General (Mr Hatton) the Bill was read a third time and passed to be a proposed law.

12. FURTHER NOTICE:
    The following further notice was given, by leave:
      Mr Baldwin: To move -
        That, if the Assembly is not sitting when the Select Committee on Interactive Television Gaming has prepared its report for presentation, the Committee may provide the Report to the Speaker, and, in that event -
        (1) the Report of the Select Committee on Interactive Television Gaming shall be deemed to have been presented to the Assembly;
        (2) the publication of the Report is authorised by this resolution;
        (3) the Speaker, Deputy Speaker, as the case may be, may give directions for the printing and circulation of the Report; and
        (4) the Speaker shall lay the Report upon the Table at the next sitting of the Assembly.

13. MINING AMENDMENT BILL 1995 (Serial 128):
    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, according to Order, resolved itself into Committee of the Whole for the consideration of the Bill.
____________________

In the Committee
(Chairman - Mr Setter)
      Clauses 1 to 9, by leave, taken together and agreed to.
    On the motion of the Minister for Mines and Energy (Mr Reed) the remainder of the Bill was taken as a whole, by leave.
    On the motion of the Minister for Mines and Energy (Mr Reed) the following amendments were taken together, by leave, and agreed to -
      Clause 10 -
      Omit from proposed section 130C "section 130A" and insert in its stead "section 130B".
    Insert in proposed section 130C(2)(a), after "to a person" the words "who is not a commercial tour operator".
      Omit from proposed section 130D subsection (1) and insert in its stead the following:
        "(1) Subject to this Act, a fossicker's permit authorises a fossicker to fossick for minerals on or within one metre below the line of the natural contour of the surface of land which has been declared a fossicking area under section 131 or within one metre below the line of the natural contour of the surface of land which has not been so declared where that land is -
        (a) Crown land;
        (b) private land, but only if the holder of the fossicker's permit has the consent in writing of the owner and, if not one and the same, the occupier of the private land;
        (c) land held for an estate in fee simple, or on lease from the Crown, by the Conservation Land Corporation established by section 27 of the Conservation Commission Act, but only if the holder of the fossicker's permit has the consent in writing of the Conservation Commission within the meaning of that Act;
        (d) the subject of an exploration retention licence, or an application for an exploration retention licence, but only if the holder of the fossicker's permit has the consent in writing of the holder of, or the applicant for, the exploration retention licence;
        (e) the subject of a mining tenement, or an application for a mining tenement, but only if the holder of the fossicker's permit has the consent in writing of the holder of, or the applicant for, the mining tenement; or
        (f) subject to section 132, the subject of an exploration licence,
      and to remove from that land minerals discovered by the fossicker.".
      Clause 11 -
      Omit paragraph (a) and insert in its stead the following:
        "(a) by omitting subsection (1) and substituting the following:
        '(1) Subject to this section, the Minister may, by notice in the Gazette, declare an area of -
        (a) Crown land;
        (b) private land;
        (c) with the consent of the relevant Land Council within the meaning of the Aboriginal Land Rights (Northern Territory) Act 1976 of the Commonwealth, Aboriginal land; or
        (d) with the consent of the Conservation Land Corporation and the Conservation Commission within the meaning of the Conservation Commission Act, land held for an estate in fee simple, or on lease from the Crown, by the Conservation Land Corporation,
        that is not the subject of, or of an application for, an exploration licence, exploration retention licence or mining tenement, as a fossicking area.';".
      Omit proposed section 131(2) and insert in its stead the following:
        "(2) Fossicking on a fossicking area is subject to such conditions, if any -
        (a) in the case of a fossicking area comprised of private land - as the owner or, if not one and the same, the occupier of the private land reasonably wishes to impose, to preserve his or her interest in the land, and the Minister publishes in the notice of declaration;
        (b) in the case of a fossicking area comprised of Aboriginal land - as the relevant Land Council within the meaning of the Aboriginal Land Rights (Northern Territory) Act 1976 of the Commonwealth agrees and the Minister publishes in the notice of declaration;
        (c) in the case of a fossicking area comprised of land referred to in subsection (1)(d), as are specified in By-laws made in respect of that land under the Territory Parks and Wildlife Conservation Act; or
        (d) in any other case - as the Minister thinks fit and publishes in the notice of declaration, or as are from time to time determined by the Minister and notified in the Gazette.".
      Clause 15 -
    Omit from proposed section 134B(2) "while the holder engages in tourist fossicking on the claim area the holder will not" and insert in its stead "the holder may engage in tourist fossicking on the claim area, and while the endorsement remains on the mineral claim, the holder shall not".

      Clause 17 -
      Add at the end of proposed section 190(1) the following:
        "Penalty: $40,000 or imprisonment for 12 months.
        Default penalty: $2,000.".
      Bill as amended, agreed to.
      Bill to reported with amendments.
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    The Acting Speaker (Mrs Braham) resumed the Chair; the Chairman (Mr Setter) reported accordingly; and the report was adopted.
    On the motion of the Minister for Mines and Energy (Mr Reed) the Bill was read a third time and passed to be a proposed law.

14.ADJOURNMENT:
    The Minister for Mines and Energy (Mr Reed) moved - That the Assembly do now adjourn.
      Debate ensued.
    Papers tabled: The Member for Wanguri (Mr Bailey), by leave, laid on the Table the following Papers -
      Article, Sunday Territorian, Parliament contractor facing ruin, dated 12 March 1995 (Paper 2218); and
      Developer convicted of tender payments, article, The Weekend Australian, dated 25 -26 March 1995 (Paper 2219).
      Debate continued.
      Paper tabled: The Chief Minister (Mr Stone) laid on the Table the following Paper -
      Letter, Hon. Shane Stone, Chief Minister to Mr Geoff Nourse, Deloitte Touche Tohmatsu, dated 27 December 1995 (Paper 2220).
      Debate continued.
    Papers tabled: The Member for Nhulunbuy (Mr Stirling), by leave, laid on the Table the following Papers -
      Statutory Declaration signed by Syd Stirling, dated 21 February 1996 (Paper 2221);
      Statutory Declaration signed by Clare Martin, dated 21 February 1996 (Paper 2222); and
      Extract from Questions, dated 21 February 1996 (Paper 2223).
      Debate continued.
      Question - put and passed.
      The Assembly adjourned at 11.57 p.m. until tomorrow at 10.00 a.m.
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    ATTENDANCE:
    All Members attended the sitting.
Last updated: 04 Aug 2016
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