Minutes of Proceedings - 1993-06-29
Sixth Assembly First Session 29/06/1993 Parliamentary Record No. 17
__________________________________________________________________________________
Date : 29/06/1993__________________________________________________________________________________
1. MEETING:
The Assembly met at 10.00 a.m., according to order of the Speaker, the Honourable N.M. Dondas, pursuant to sessional order. The Speaker, the
Honourable N.M. Dondas, took the Chair.
2. PRAYERS.
3. LEAVE OF ABSENCE:
The Leader of Government Business (Mr Setter) moved - That leave of absence be granted to the Minister for Health and Community Services
(Mr Reed) this day on account of his absence on government business.
Question - put and passed.
4. DISTINGUISHED VISITORS - MR M. CLOUGH; MR B HARRISON; MR J. PRICE AND HON J. BURNSWOODS:
The Speaker drew the attention of Honourable Members to the presence in the gallery of Mr Mick Clough, Member for Bathurst; Mr Bob Harrison,
Member for Kiama; Mr John Price, Member for Waratah; from the New South Wales Legislative Assembly; and the Honourable Jan Burnswoods, Member of
the New South Wales Legislative Council.
On behalf of Members, the Speaker extended a warm welcome to the distinguished visitors.
5. NOTICE:
The following notice was given:
Mr Ede: To move - That this Assembly censure the Chief Minister for his failure to prevent the corruption of the systems
of Government during his period in office.
6. PROPOSED CENSURE OF THE CHIEF MINISTER - FAILURE TO PREVENT CORRUPTION OF THE SYSTEMS OF GOVERNMENT - MOTION NEGATIVED:
The Leader of Government Business (Mr Setter) informed the Assembly that the Government, pursuant to Standing Order 95, accepted the notice of
motion as a censure motion.
The Leader of the Opposition (Mr Ede) thereupon moved - That this Assembly censure the Chief Minister for his failure to prevent the
corruption of the systems of Government during his period in office.
Papers tabled: Mr Ede, by leave, laid on the Table the following Papers -
. Statutory Declaration signed by George Young, dated 28 June 1993, with attached documents -
Annexure A - Letter, David Francis and Associates, Barristers and Solicitors to the Contracts Manager, Department of
Transport and Works, dated 1 December 1992;
Page 637
Annexure B - Facsimile to George Young from Norm Hawthorne, Office of the Minister for Transport and Works, dated
9 December 1992;
Annexure C - Letter from Philip and Mitaros, Barristers and Solicitors, to Messrs David Francis and Associates, dated
1 December 1992;
Annexure D - Facsimile to John Sundbye, Pilkington (Australia) Limited from Chris Kindermann, Comalco Aluminium Supply, dated
29 April 1993; and
Statutory Declaration signed by Simon Gillam, dated 29 June 1993.
Debate continued.
Papers tabled: The Member for Millner (Mr Parish), by leave, laid on the Table the following Papers -
. Letter, David Sharp, General Manager, Modular Medical Products N.T. Pty Ltd, dated 30 January 1991; and
. Letter, David W Sharp, General Manager, Territory Surgical Supplies, to the Purchasing Officer, Royal Darwin Hospital,
dated 13 May 1992.
Debate continued.
___________________
Suspension of sitting: The sitting was suspended between 11.48 a.m. and 2.00. p.m.
____________________
Debate resumed
The Leader of Government Business (Mr Setter) moved - That the question be now put.
Question - That the question be now put - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 14 NOES, 9
Mr Collins Mr Bailey
Mr Coulter Mr Bell
Mr Dondas Mr Cartwright
Mr Finch Mr Ede
Mr Hatton Mrs Hickey
Mr Manzie Mr Lanhupuy
Mr McCarthy Mrs Padgham-Purich
Mr Ortmann Mr Parish
Mr Palmer Mr Stirling
Mr Perron
Mr Poole
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
Question - That the motion be agreed to - put and negatived.
Page 638
7. MATTER OF PUBLIC IMPORTANCE - IMPACT OF THE HIGH COURT DECISION IN MABO AND OTHERS AND QUEENSLAND:
The Speaker informed the Assembly that the Leader of the Opposition (Mr Ede) had proposed that the following definite matter of public
importance be submitted to the Assembly for discussion this day:
"The likely impact on the Northern Territory of the High Court's decision in Mabo and Others and Queensland and the elements
of a package which would comprise a fair and just outcome for all Territorians."
And the proposed discussion having received the necessary support -
The Speaker called on Mr Ede to address the Assembly.
Discussion ensued.
Paper tabled: The Chief Minister (Mr Perron) laid on the Table the following Paper -
. Letter, Hon. M.B. Perron, MLA, Chief Minister to Hon. P.J. Keating, MP, Prime Minister, dated 17 June 1993.
Discussion continued.
Discussion concluded.
8. McARTHUR RIVER PROJECT AGREEMENT RATIFICATION AMENDMENT BILL 1993 (Serial 253):
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 resumed.
Paper tabled: The Leader of the Opposition (Mr Ede), by leave, laid on the Table the following Paper -
. Letter, Brian Ede, MLA, Leader of the Opposition to Mr P. Freund, General Manager, McArthur River Mining Pty Ltd,
dated 29 June 1993.
Debate continued.
Paper tabled: The Minister for Industries and Development (Mr Stone) laid on the Table the following Paper -
. Map of Australia incorporating Mining and Mineral Operations; Public Land; Aboriginal and Torres Strait Islander Land; and
Proposed Native Land Claims.
Debate continued.
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 McCarthy)
Clauses 1 to 3, by leave, taken together and agreed to.
The Leader of the Opposition (Mr Ede) moved the following amendment -
Page 639
Insert the following:
"3A. NATIVE TITLE PRESERVED
"(1) Subject to this section, nothing in this Act, the
Principal Act, or the Principal Act as amended by this Act,
extinguishes any right that an Aborigine may have to the use or
enjoyment of land to which the Principal Act applies.
"(2) Notwithstanding subsection (1), but subject to
subsection (3), a right referred to in subsection (1) is subject
to the rights vested in the Company, within the meaning of the
Principal Act, by the mineral leases and the exploration licence
granted under section 4A of the Principal Act, as inserted by
section 6 of this Act, and any renewals thereof.
"(3) An Aborigine referred to in subsection (1) has a right
to enter, leave and move across, at will, land referred in that
subsection other than an area that the Company may, for security
or safety reasons, designate as a restricted area.
"(4) The liability of the Company for injury to, or damage to
the property of, an Aborigine occurring when the Aborigine is
exercising his or her right under subsection (3) shall not exceed
that of an occupier of land to a trespasser.".
Debate ensued.
Question - That the amendment be agreed to - put.
The Committee divided (the Chairman, Mr McCarthy, in the Chair) -
AYES, 9 NOES, 15
Mr Bailey Mr Collins
Mr Bell Mr Coulter
Mr Cartwright Mr Dondas
Mr Ede Mr Finch
Mrs Hickey Mr Hatton
Mr Lanhupuy Mr Manzie
Mr Parish Mr McCarthy
Mr Rioli Mr Ortmann
Mr Stirling Mrs Padgham-Purich
Mr Palmer
Mr Perron
Mr Poole
Mr Setter
Mr Stone
Mr Vale
Amendment negatived accordingly.
Clauses 4 and 5, by leave, taken together and agreed to.
Clause 6 read.
On the motion of the Chief Minister (Mr Perron) the following amendment was agreed to -
Omit from proposed section 4A (1) "commencement of this Act"
and insert in its stead "commencement of this section".
Page 640
On the motion of Mr Perron the following further amendment was agreed to -
Omit from proposed section 4A subsection (2) and insert in its
stead the following:
"(2) Notwithstanding anything in the agreement or the
Mining Act -
(a) a mineral lease granted by subsection (1) is granted for
a period of 50 years from the commencement of this
section; and
(b) subject to paragraph (a), in respect of a mineral lease
or exploration licence granted by subsection (1), time
shall be calculated as if it were granted on
5 January 1993.".
On the motion of Mr Perron the following further amendment was agreed to -
Omit from proposed section 4A(3) "exploration lease" and
insert in its stead "exploration licence".
On the motion of Mr Perron the following further amendment was agreed to -
Insert in proposed section 4B(1), after "effected by
section 4A,", the words "a validation effected by section 3 of
the McArthur River Project Agreement Ratification Amendment Act 1993,".
Mr Ede, by leave, withdrew circulated scheduled amendments
numbered 124.2; 124.3 and 124.4 standing in his name.
On the motion of Mr Perron the following further amendment was agreed to -
Insert in proposed section 4B(3), after "the Administrator is
satisfied", the words ", on reasonable grounds".
On the motion of Mr Perron the following further amendment was agreed to -
Omit from proposed section 4B(4) "the Court is not satisfied
that the person claiming compensation is" and inserting in its
stead "the Court is satisfied that the person claiming
compensation is not".
On the motion of Mr Perron the following further amendment was agreed to -
Omit from proposed section 4B subsection (6) and insert in its
stead the following:
"(6) In this section -
'acquisition of property' includes -
Page 641
(a) the extinguishment or diminution of an interest in
or right in relation to land; and
(b) any effect on such an interest or right, being an
effect of a kind referred to in section 174B or
174D of the Mining Act in relation to private land;
'compensation' may include -
(a) facilities or services agreed on between the
claimant and the Territory provided or to be
provided to the claimant or as the claimant
directs; and
(b) property in substitution for property acquired.".
Clause 6, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
____________________
The Deputy Speaker (Mr Collins) resumed the Chair; the Chairman (Mr McCarthy) reported accordingly; and the report was adopted.
Mr Perron 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.
9. SPECIAL ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly at its rising adjourn until Tuesday 17 August 1993 at 10.00 a.m. or such
other time and/or date as may be set by Mr Speaker pursuant to Sessional Order.
Question - put and passed.
10. ADJOURNMENT:
The Minister for Lands, Housing and Local Government (Mr Hatton) moved -
That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Minister for Transport and Works (Mr Ortmann) laid on the Table the following Paper -
. Statutory Declaration signed by Reginald Norman Hawthorne, dated 29 June 1993.
Debate continued.
Question - put and passed.
And the Assembly adjourned at 9.22 p.m. until Tuesday 17 August 1993 at 10.00 a.m. or such other time and/or date as may be set by the
Speaker, pursuant to Sessional Order.
====================
Page 642
PAPERS:
The following papers were deemed to have been presented on Tuesday 29 June 1993:
Financial Administration and Audit Act:
Direction by the Administrator pursuant to section 13(1)(a) - Transfer of Funds Saved -
Department of Industries and Development, dated 25 June 1993
Power and Water Authority, dated 25 June 1993
Regulations 1993:
No. 8, Amendments of Scheme Rules of Superannuation Act
No. 9, Amendments of Alice Springs (Animal Control) By-laws
No.10, Amendment of Motor Vehicle Dealers Regulations
No.11, Amendments of Marine (Safety) Regulations
No.12, Amendments of Marine (Pleasure Craft) Regulations
No.13, Criminal Records (Spent Convictions) Regulations
No.14, Public Sector Employment and Management (Exemption) Regulations
No.15, Amendments of Traffic Regulations
Report:
Final Report by the working party on Public Accounts Committee Report No.12.
====================
ATTENDANCE:
All Members attended the sitting except Mr Reed, on leave.
IAN McNEILL
Clerk of the Legislative Assembly.
Page 643
__________________________________________________________________________________
Date : 29/06/1993
1. MEETING:
The Assembly met at 10.00 a.m., according to order of the Speaker, the Honourable N.M. Dondas, pursuant to sessional order. The Speaker, the
Honourable N.M. Dondas, took the Chair.
2. PRAYERS.
3. LEAVE OF ABSENCE:
The Leader of Government Business (Mr Setter) moved - That leave of absence be granted to the Minister for Health and Community Services
(Mr Reed) this day on account of his absence on government business.
Question - put and passed.
4. DISTINGUISHED VISITORS - MR M. CLOUGH; MR B HARRISON; MR J. PRICE AND HON J. BURNSWOODS:
The Speaker drew the attention of Honourable Members to the presence in the gallery of Mr Mick Clough, Member for Bathurst; Mr Bob Harrison,
Member for Kiama; Mr John Price, Member for Waratah; from the New South Wales Legislative Assembly; and the Honourable Jan Burnswoods, Member of
the New South Wales Legislative Council.
On behalf of Members, the Speaker extended a warm welcome to the distinguished visitors.
5. NOTICE:
The following notice was given:
Mr Ede: To move - That this Assembly censure the Chief Minister for his failure to prevent the corruption of the systems
of Government during his period in office.
6. PROPOSED CENSURE OF THE CHIEF MINISTER - FAILURE TO PREVENT CORRUPTION OF THE SYSTEMS OF GOVERNMENT - MOTION NEGATIVED:
The Leader of Government Business (Mr Setter) informed the Assembly that the Government, pursuant to Standing Order 95, accepted the notice of
motion as a censure motion.
The Leader of the Opposition (Mr Ede) thereupon moved - That this Assembly censure the Chief Minister for his failure to prevent the
corruption of the systems of Government during his period in office.
Papers tabled: Mr Ede, by leave, laid on the Table the following Papers -
. Statutory Declaration signed by George Young, dated 28 June 1993, with attached documents -
Annexure A - Letter, David Francis and Associates, Barristers and Solicitors to the Contracts Manager, Department of
Transport and Works, dated 1 December 1992;
Page 637
Annexure B - Facsimile to George Young from Norm Hawthorne, Office of the Minister for Transport and Works, dated
9 December 1992;
Annexure C - Letter from Philip and Mitaros, Barristers and Solicitors, to Messrs David Francis and Associates, dated
1 December 1992;
Annexure D - Facsimile to John Sundbye, Pilkington (Australia) Limited from Chris Kindermann, Comalco Aluminium Supply, dated
29 April 1993; and
Statutory Declaration signed by Simon Gillam, dated 29 June 1993.
Debate continued.
Papers tabled: The Member for Millner (Mr Parish), by leave, laid on the Table the following Papers -
. Letter, David Sharp, General Manager, Modular Medical Products N.T. Pty Ltd, dated 30 January 1991; and
. Letter, David W Sharp, General Manager, Territory Surgical Supplies, to the Purchasing Officer, Royal Darwin Hospital,
dated 13 May 1992.
Debate continued.
___________________
Suspension of sitting: The sitting was suspended between 11.48 a.m. and 2.00. p.m.
____________________
Debate resumed
The Leader of Government Business (Mr Setter) moved - That the question be now put.
Question - That the question be now put - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 14 NOES, 9
Mr Collins Mr Bailey
Mr Coulter Mr Bell
Mr Dondas Mr Cartwright
Mr Finch Mr Ede
Mr Hatton Mrs Hickey
Mr Manzie Mr Lanhupuy
Mr McCarthy Mrs Padgham-Purich
Mr Ortmann Mr Parish
Mr Palmer Mr Stirling
Mr Perron
Mr Poole
Mr Setter
Mr Stone
Mr Vale
And so it was resolved in the affirmative.
Question - That the motion be agreed to - put and negatived.
Page 638
7. MATTER OF PUBLIC IMPORTANCE - IMPACT OF THE HIGH COURT DECISION IN MABO AND OTHERS AND QUEENSLAND:
The Speaker informed the Assembly that the Leader of the Opposition (Mr Ede) had proposed that the following definite matter of public
importance be submitted to the Assembly for discussion this day:
"The likely impact on the Northern Territory of the High Court's decision in Mabo and Others and Queensland and the elements
of a package which would comprise a fair and just outcome for all Territorians."
And the proposed discussion having received the necessary support -
The Speaker called on Mr Ede to address the Assembly.
Discussion ensued.
Paper tabled: The Chief Minister (Mr Perron) laid on the Table the following Paper -
. Letter, Hon. M.B. Perron, MLA, Chief Minister to Hon. P.J. Keating, MP, Prime Minister, dated 17 June 1993.
Discussion continued.
Discussion concluded.
8. McARTHUR RIVER PROJECT AGREEMENT RATIFICATION AMENDMENT BILL 1993 (Serial 253):
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 resumed.
Paper tabled: The Leader of the Opposition (Mr Ede), by leave, laid on the Table the following Paper -
. Letter, Brian Ede, MLA, Leader of the Opposition to Mr P. Freund, General Manager, McArthur River Mining Pty Ltd,
dated 29 June 1993.
Debate continued.
Paper tabled: The Minister for Industries and Development (Mr Stone) laid on the Table the following Paper -
. Map of Australia incorporating Mining and Mineral Operations; Public Land; Aboriginal and Torres Strait Islander Land; and
Proposed Native Land Claims.
Debate continued.
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 McCarthy)
Clauses 1 to 3, by leave, taken together and agreed to.
The Leader of the Opposition (Mr Ede) moved the following amendment -
Page 639
Insert the following:
"3A. NATIVE TITLE PRESERVED
"(1) Subject to this section, nothing in this Act, the
Principal Act, or the Principal Act as amended by this Act,
extinguishes any right that an Aborigine may have to the use or
enjoyment of land to which the Principal Act applies.
"(2) Notwithstanding subsection (1), but subject to
subsection (3), a right referred to in subsection (1) is subject
to the rights vested in the Company, within the meaning of the
Principal Act, by the mineral leases and the exploration licence
granted under section 4A of the Principal Act, as inserted by
section 6 of this Act, and any renewals thereof.
"(3) An Aborigine referred to in subsection (1) has a right
to enter, leave and move across, at will, land referred in that
subsection other than an area that the Company may, for security
or safety reasons, designate as a restricted area.
"(4) The liability of the Company for injury to, or damage to
the property of, an Aborigine occurring when the Aborigine is
exercising his or her right under subsection (3) shall not exceed
that of an occupier of land to a trespasser.".
Debate ensued.
Question - That the amendment be agreed to - put.
The Committee divided (the Chairman, Mr McCarthy, in the Chair) -
AYES, 9 NOES, 15
Mr Bailey Mr Collins
Mr Bell Mr Coulter
Mr Cartwright Mr Dondas
Mr Ede Mr Finch
Mrs Hickey Mr Hatton
Mr Lanhupuy Mr Manzie
Mr Parish Mr McCarthy
Mr Rioli Mr Ortmann
Mr Stirling Mrs Padgham-Purich
Mr Palmer
Mr Perron
Mr Poole
Mr Setter
Mr Stone
Mr Vale
Amendment negatived accordingly.
Clauses 4 and 5, by leave, taken together and agreed to.
Clause 6 read.
On the motion of the Chief Minister (Mr Perron) the following amendment was agreed to -
Omit from proposed section 4A (1) "commencement of this Act"
and insert in its stead "commencement of this section".
Page 640
On the motion of Mr Perron the following further amendment was agreed to -
Omit from proposed section 4A subsection (2) and insert in its
stead the following:
"(2) Notwithstanding anything in the agreement or the
Mining Act -
(a) a mineral lease granted by subsection (1) is granted for
a period of 50 years from the commencement of this
section; and
(b) subject to paragraph (a), in respect of a mineral lease
or exploration licence granted by subsection (1), time
shall be calculated as if it were granted on
5 January 1993.".
On the motion of Mr Perron the following further amendment was agreed to -
Omit from proposed section 4A(3) "exploration lease" and
insert in its stead "exploration licence".
On the motion of Mr Perron the following further amendment was agreed to -
Insert in proposed section 4B(1), after "effected by
section 4A,", the words "a validation effected by section 3 of
the McArthur River Project Agreement Ratification Amendment Act 1993,".
Mr Ede, by leave, withdrew circulated scheduled amendments
numbered 124.2; 124.3 and 124.4 standing in his name.
On the motion of Mr Perron the following further amendment was agreed to -
Insert in proposed section 4B(3), after "the Administrator is
satisfied", the words ", on reasonable grounds".
On the motion of Mr Perron the following further amendment was agreed to -
Omit from proposed section 4B(4) "the Court is not satisfied
that the person claiming compensation is" and inserting in its
stead "the Court is satisfied that the person claiming
compensation is not".
On the motion of Mr Perron the following further amendment was agreed to -
Omit from proposed section 4B subsection (6) and insert in its
stead the following:
"(6) In this section -
'acquisition of property' includes -
Page 641
(a) the extinguishment or diminution of an interest in
or right in relation to land; and
(b) any effect on such an interest or right, being an
effect of a kind referred to in section 174B or
174D of the Mining Act in relation to private land;
'compensation' may include -
(a) facilities or services agreed on between the
claimant and the Territory provided or to be
provided to the claimant or as the claimant
directs; and
(b) property in substitution for property acquired.".
Clause 6, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to.
Bill to be reported with amendments.
____________________
The Deputy Speaker (Mr Collins) resumed the Chair; the Chairman (Mr McCarthy) reported accordingly; and the report was adopted.
Mr Perron 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.
9. SPECIAL ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly at its rising adjourn until Tuesday 17 August 1993 at 10.00 a.m. or such
other time and/or date as may be set by Mr Speaker pursuant to Sessional Order.
Question - put and passed.
10. ADJOURNMENT:
The Minister for Lands, Housing and Local Government (Mr Hatton) moved -
That the Assembly do now adjourn.
Debate ensued.
Paper tabled: The Minister for Transport and Works (Mr Ortmann) laid on the Table the following Paper -
. Statutory Declaration signed by Reginald Norman Hawthorne, dated 29 June 1993.
Debate continued.
Question - put and passed.
And the Assembly adjourned at 9.22 p.m. until Tuesday 17 August 1993 at 10.00 a.m. or such other time and/or date as may be set by the
Speaker, pursuant to Sessional Order.
====================
Page 642
PAPERS:
The following papers were deemed to have been presented on Tuesday 29 June 1993:
Financial Administration and Audit Act:
Direction by the Administrator pursuant to section 13(1)(a) - Transfer of Funds Saved -
Department of Industries and Development, dated 25 June 1993
Power and Water Authority, dated 25 June 1993
Regulations 1993:
No. 8, Amendments of Scheme Rules of Superannuation Act
No. 9, Amendments of Alice Springs (Animal Control) By-laws
No.10, Amendment of Motor Vehicle Dealers Regulations
No.11, Amendments of Marine (Safety) Regulations
No.12, Amendments of Marine (Pleasure Craft) Regulations
No.13, Criminal Records (Spent Convictions) Regulations
No.14, Public Sector Employment and Management (Exemption) Regulations
No.15, Amendments of Traffic Regulations
Report:
Final Report by the working party on Public Accounts Committee Report No.12.
====================
ATTENDANCE:
All Members attended the sitting except Mr Reed, on leave.
IAN McNEILL
Clerk of the Legislative Assembly.
Page 643
Last updated: 04 Aug 2016