Minutes of Proceedings - 1992-03-04
Sixth Assembly First Session 03/03/1992 Parliamentary Record No. 9
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Date : 04/03/1992__________________________________________________________________________________
1. MEETING:
The Assembly met at 10.00 a.m., pursuant to adjournment. The Speaker, the Honourable N.M. Dondas, took the Chair.
2. PRAYERS.
3. NOTICES:
The following notices were given:
Mr Manzie: To present the Land and Business Agents Amendment Bill 1992 (Serial 136).
Mr Manzie: To present the Crimes (Forfeiture of Proceeds) Amendment Bill 1992 (Serial 127).
Mr Stone: To present the Public Sector Employment (Interim Arrangements) Bill 1992 (Serial 132).
Mr Finch: To present the Water (Consequential Amendments) Bill 1992 (Serial 133).
Mr Ortmann: To present the Pastoral Land (Consequential Amendments) Bill 1992 (Serial 134).
Mr Coulter: To present the Legislative Assembly Members' Superannuation Amendment Bill 1992 (Serial 129).
Mr Coulter: To present the Superannuation Amendment Bill 1992 (Serial 130).
Mr Coulter: To present the Financial Administration and Audit Amendment Bill 1992 (Serial 135).
4. QUESTIONS:
Questions were asked of Ministers.
And the Member for Wanguri (Mr Bailey) interjecting in an unparliamentary manner contrary to previous warnings issued
by the Speaker earlier these sittings -
Member named: The Speaker named Mr Bailey.
Member suspended: The Leader of Government Business (Mr Setter) moved - That the Member for Wanguri (Mr Bailey)
be suspended from the service of the Assembly.
Question - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 15 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 Mr Parish
Mr Ortmann Mr Stirling
Mrs Padgham-Purich Mr Tipiloura
Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
And so it was resolved in the affirmative.
Mr Bailey, pursuant to Standing Order 241, was therefore suspended at 10.41 a.m. for 24 hours. Mr Bailey accordingly
withdrew from the Chamber.
Further questions were asked of Ministers.
5. WANT OF CONFIDENCE IN GOVERNMENT - MOTION NEGATIVED:
Suspension of Standing Orders: The Leader of Opposition (Mr Ede) moved - That so much of Standing Orders be
suspended as would prevent him moving the following motion:
That this Assembly express a want of confidence in the Government in that it has failed to take any positive action
to redress the economic malaise that has afflicted the Territory in recent years.
The Leader of Government Business (Mr Setter) moved - That the question be now put.
Question - That the question be now put - put.
And the Assembly having proceeded to a division - Mr Ede, by leave, withdrew the call for a division.
Question - That the question be now put - put and passed.
Question - That so much of Standing Orders be suspended as would prevent Mr Ede moving a motion expressing a want of
confidence in the Government - put and passed.
Want of confidence: Mr Ede thereupon moved - That this Assembly express a want of confidence in the Government in
that it has failed to take any positive action to redress the economic malaise that has afflicted the Territory in
recent years.
Debate ensued.
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Suspension of sitting: The sitting was suspended between 12.03 p.m. and 2.00 p.m.
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Debate continued.
Paper tabled: The Member for Greatorex (Mr Collins), by leave, laid on the Table the following Paper -
Letter, L.N. Hingley, Joint National Secretary, Finance Sector Union of Australia to
Mr L.F. Hoins, dated 22 July 1991.
Debate continued.
Paper tabled: The Minister for Education and Training (Mr Stone) laid on the Table the following Paper -
Table, Australia's Education Budgets - Total Outlays from Education Monitor, Spring 1991.
Debate continued.
Question - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 7 NOES, 13
Mr Bell Mr Coulter
Mr Cartwright Mr Dondas
Mr Ede Mr Finch
Mrs Hickey Mr Hatton
Mr Parish Mr Manzie
Mr Stirling Mr McCarthy
Mr Tipiloura Mr Ortmann
Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Motion negatived accordingly.
6. SUBORDINATE LEGISLATION AND TABLED PAPERS COMMITTEE, SIXTH REPORT:
The Chairman of the Subordinate Legislation and Tabled Papers Committee (Mr Setter) laid on the Table the Sixth
Report of the Subordinate Legislation and Tabled Papers Committee.
7. DISCHARGE OF BUSINESS:
The Leader of Government Business (Mr Setter) moved - That the following Government Business, Orders of the Day be
discharged from the Notice Paper -
No.8, relating to the Ministerial Statement on the Special Premiers' Conference July 1991;
No.12, relating to the Annual Report of the Ombudsman, 1990-91; No.13, relating to the
Ministerial Statement on Territory Parks and Reserves; and
No.14, relating to a Paper entitled "Gulf Region Land Use and Development Study 1991".
Question - put and passed.
8. FLOOD MITIGATION DAM - MINISTERIAL STATEMENT - STATEMENT NOTED:
The Minister for Lands and Housing (Mr Ortmann) made a statement relating to the proposal to build a flood
mitigation dam in Alice Springs.
Papers tabled: Mr Ortmann laid on the Table the following Papers:
Twenty eight photographs depicting Alice Springs during a flood of the Todd River.
Mr Ortmann moved - That the Assembly take note of the Statement.
Debate ensued.
Question - put and passed.
9. MULHOLLAND INQUIRY, ADVICE RE PUBLISHING SEGMENTS RELATING TO OPERATION TROJAN - PAPERS TABLED - PAPERS NOTED:
The Speaker informed the Assembly that on 13 February 1992 advice had been sought from the Solicitor-General,
Mr Tom Pauling, QC, regarding publication of certain parts of the Mulholland Inquiry relating to Operation Trojan.
The Speaker laid on the Table the following Papers -
Letter, Hon. N.M. Dondas, MLA, Speaker to Mr T. Pauling, QC, Solicitor-General, dated
13 February 1992;
Letter, Mr T. Pauling, QC, Solicitor-General to Hon. N.M. Dondas, MLA, Speaker, dated
27 February 1992;
"Trial by executive: why judges should say 'no'", Newspaper article;
"Witch-hunters", article from Bulletin magazine, 28 January to 7 February 1992;
"Costly ethics", article from the Bulletin magazine, dated 5 November 1991; and
"Is that inquiry really necessary?", article from the Bulletin magazine, dated
28 May 1991.
The Chief Minister (Mr Perron) moved - That the Assembly take note of the Papers.
Debate ensued.
Question - put and passed.
10. POLICE ADMINISTRATION AMENDMENT BILL 1992 (Serial 109):
The Chief Minister (Mr Perron), pursuant to notice, presented a Bill for an Act to amend the Police
Administration Act.
Bill read a first time.
Mr Perron moved - That the Bill be now read a second time.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.
11. PUBLIC NOTARIES BILL 1992 (Serial 131):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to provide for the appointment
and enrolment of public notaries and for related purposes.
Bill read a first time.
Mr Manzie moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
12. PASTORAL LAND BILL 1991 (Serial 105):
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.
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.
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In the Committee
(Chairman - Mr Poole)
(11.57 p.m.)
Clauses 1 and 2, by leave, taken together and agreed to.
Clause 3 read.
On the motion of the Minister for Lands and Housing (Mr Ortmann) the following amendment was agreed to -
Omit from subclause (1) the definition of "lessee" and insert in its stead the following:
"'lessee' includes -
(a) the person to whom a lease passes,
whether by transfer or devolution;
(b) a person permitted, in pursuance of
an arrangement under section 50, to hold over
land that was the subject of a former pastoral
lease after the expiration of the term of the
lease;
(c) a mortgagee in possession; and
(d) where applicable, a sublessee or
other person in control of the relevant land;".
On the motion of Mr Ortmann the following further amendment was agreed to -
Insert in subclause (1), after the definition of lessee", the following:
"'monitoring site' means a monitoring site established under section 74A;".
And the Assembly having continued to sit until 12 midnight -
THURSDAY 5 MARCH 1992, A.M.
On the motion of Mr Ortmann the following further amendment was agreed to -
Insert in subclause (1), after the definition of "pastoral purposes", the following:
"'reference area' means an area of pastoral land declared under section 74(1) to be a reference
area;".
Clause 3, as amended, agreed to after debate.
Clause 4 read.
The Member for Macdonnell (Mr Bell) moved the following amendment -
Omit from paragraph (a) all words after "that" and insert in their stead "maximises the economic
return to the Territory from the sustainable use of land for pastoral purposes".
Amendment negatived, after debate.
On the motion of Mr Ortmann the following amendment was agreed to, after debate -
Omit from paragraph (b) subparagraph (i) and insert in its stead the following:
"(i) the monitoring of pastoral land so as to detect and assess any change in its
condition;".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from paragraph (d) "to and through" and insert in its stead "across".
On the motion of Mr Bell the following further amendment was agreed to, after debate -
Add at the end the following:
"(e) to provide a procedure to establish Aboriginal community living areas on
pastoral land.".
Clause 4, as amended, agreed to.
Clause 5 agreed to.
Clause 6 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit ", throughout the term of a pastoral lease".
Clause 6, as amended, agreed to.
Clauses 7 and 8, by leave, taken together and agreed to.
Clause 9 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (1) "this Act" and insert in its stead "this Act, or for the purpose of assessing
the land in connection with the preparation of an application under Part 8.".
Clause 9, as amended, agreed to.
Clauses 10 to 12, by leave, taken together and agreed to, after debate.
Clause 13 read.
Mr Bell moved the following amendment -
Omit paragraph (b) and insert in its stead the following:
"(b) 2 persons who have expertise or experience in the preservation,
conservation or rehabilitation of land resources are included.".
Amendment negatived, after debate.
Clause 13 agreed to, after debate.
Clause 14 agreed to.
Clause 15 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Insert after subclause (1) the following:
"(1A) An appointment under subsection (1) shall be notified in the Gazette as soon as practicable
after it is made.".
Clause 15, as amended, agreed to.
Clause 16 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Insert after subclause (1) the following:
"(1A) An appointment under subsection (1) shall be notified in the Gazette as soon as practicable
after it is made.".
Clause 16, as amended, agreed to.
Clause 17 read.
Mr Bell moved the following amendment -
Omit subclause (2) and insert in its stead the following:
"(2) Where a resignation under subsection (1) specifies the date the resignation is to take effect,
the resignation takes effect on that date.".
Amendment negatived, after debate.
Clause 17 agreed to.
Clauses 18 to 20, by leave, taken together and agreed to.
Clause 21 read.
Mr Bell moved the following amendment -
Omit subclause (5) and insert in its stead the following:
"(5) The Board shall forward a copy of the minutes of a meeting of the Board within 14 days after
the meeting.".
Amendment negatived, after debate.
Clause 21 agreed to.
Clauses 22 to 28, by leave, taken together and agreed to, after debate.
Clause 29 read.
On the motion of Mr Bell the following amendment was agreed to, after debate -
Omit from paragraph (a) all words after Minister" and insert in their stead ", but in any
case not less than once a year, on the general condition of pastoral land and the operations of the
Board".
On the motion of Mr Ortmann the following further amendment was agreed to, after debate -
Omit from paragraph (c) "regional" and insert in its stead "District".
Clause 29, as amended, agreed to.
Clause 30 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (2)(a) "monitoring points" and insert in its stead "monitoring sites".
On the motion of Mr Ortmann the following further amendment was agreed to, after debate -
Omit from subclause (3) "act as agent for the Territory" and insert in its stead "with the approval
in writing of the Minister, act as agent for the Territory or a statutory corporation".
Clause 30, as amended, agreed to.
Clause 31 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (6) "it is given" (twice occurring) and insert in its stead "the right is
given".
Clause 31, as amended, agreed to.
Clauses 32 and 33, by leave, taken together and agreed to.
Clause 34 read.
On the motion of Mr Ortmann the following amendment was agreed to, after debate -
Omit from subclause (1) all words before paragraph (a) and insert in their stead the following:
"(1) Subject to section 135, unless -
(aa) the Minister was, at the time the land or interest was or was to be acquired, of the opinion that it was or
would be in the interest of the Territory and advised the person, in writing, accordingly; or
(ab) the land or interest was lawfully held at the commencement of this Act,
a person shall not -".
Mr Bell moved the following further amendment -
Omit from subclause (1)(a) "13,000" and insert in its stead "20,000".
Amendment negatived.
On the motion of Mr Ortmann the following further amendment was agreed to, after debate -
Omit from subclause (2)(f)(i) "a parent, grandparent, brother, sister," and insert in its stead
"a lineal or adoptive ancestor of any degree, sibling,".
Clause 34, as amended, agreed to, after debate.
Clause 35 read. On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (1)(a) "section 38" and insert in its stead "section 34".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from subclause (5) "application to transfer" and insert in its stead "application for consent to
transfer".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit subclause (6) and insert in its stead the following:
"(6) The Minister shall not under section 68(2) refer to the Board for consideration and
recommendation an application for consent to transfer, or consent to the transfer, until the applicant has
complied with a notice, if any, under subsection (5).".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit subclause (11).
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit subclause (14).
Clause 35, as amended, agreed to.
Clause 36 read.
On the motion of Mr Ortmann the following amendments, by leave, were taken together and agreed to, after debate -
Omit "execute the lease" and insert in its stead "accept the offer"; and
Insert, after "all or part", the words "as the Minister thinks fit".
Clause 36, as amended, agreed to.
Clause 37 agreed to.
Clause 38 read.
On the motion of Mr Ortmann the following amendment was agreed to, after debate -
Omit from subclause (1) "shall be granted" and insert in its stead "is".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from subclause (1) paragraph (d) and insert in its stead the following:
"(d) that, subject to section 87, the lessee will use the land only for
pastoral purposes;".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from subclause (2)(e) "to take" and insert in its stead "notwithstanding any other law of the
Territory, to take".
Clause 38, as amended, agreed to.
Clause 39 read.
On the motion of Mr Ortmann the following amendment was agreed to, after debate -
Omit paragraph (a) and insert in its stead the following:
"(a) not use or stock the land other than as permitted by or under this Act
or the lease;".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit paragraph (d) and insert in its stead the following:
"(d) allow the establishment on the leased land of monitoring sites as
required by the Board and allow reasonable access to those sites for the purposes of
this Act;".
Clause 39, as amended, agreed to.
Clause 40 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (3)(b) "explanation furnished" and insert in its stead "explanation
furnished and notifies the lessee in writing of that fact".
Mr Bell moved the following amendment -
Omit from subclause (3) "may, subject to sections 41 and 53, in the Minister's discretion" and insert in
its stead "shall, subject to sections 41 and 53".
Amendment negatived.
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from subclause (3) paragraph (e) and insert in its stead the following:
"(e) except in the case of a perpetual pastoral lease, if the Minister is
satisfied that the non-compliance has been wilful and that the lessee has made no real
effort to comply with the condition, decide to forfeit the lease.".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from subclause (4) all words after "perpetual pastoral lease," and insert in their stead
"decide to forfeit the lease".
On the motion of Mr Ortmann the following further amendment was agreed to -
Insert after subclause (4) the following:
"(4A) Where under subsection (3)(e) or (4) the Minister decides to forfeit a lease, the Minister
shall give written notice of the decision (together with, in the case of a decision under subsection
(3)(e), a statement of the Minister's reasons for the decision) to the lessee.
"(4B) The Minister may, not earlier than 28 days after the service of a notice referred to in
subsection (4A) or where, within that time, an appeal against the Minister's decision is lodged under
section 118(1)(c) after the appeal has been determined and the Minister's decision has been confirmed, by
notice in the Gazette, forfeit the lease.".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from subclause (6) "against this section" and insert in its stead "referred to in subsection
(5)".
Clause 40, as amended, agreed to after debate.
Clause 41 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (1) paragraph (a) and insert in its stead the following:
"(a) deciding under section 40(3)(e) or (4) to forfeit a lease; or".
Clause 41, as amended, agreed to.
Clause 42 read.
On the motion of Mr Ortmann the following amendment was agreed to, after debate -
Insert in subclause (1), after "in respect of the land or property", the words "(including the
destocking of all or part of the land)".
On the motion of Mr Ortmann the following further amendment was agreed to, after debate -
Insert after subclause (2) the following:
"(2A) Where under subsection (1) stock is removed from the land, otherwise than by or on behalf of the
pastoral lessee, it shall be disposed of as prescribed and the Regulations may provide for the allocation of
the proceeds of the sale, if any, of the stock.".
Clause 42, as amended, agreed to.
Clauses 43 to 46, by leave, taken together and agreed to.
Clause 47 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit all words after "until notice" and insert in their stead "of the variation is lodged with the
Registrar-General".
Clause 47, as amended, agreed to.
Clause 48 agreed to.
Clause 49 read.
Mr Bell moved the following amendment -
Insert after subclause (1) the following:
"(1A) The Minister may refer an application for an extension of the term of the pastoral lease under
subsection (1) to the Board for consideration.".
Amendment negatived.
Mr Bell moved the following further amendment -
Insert in subclause (2) after "Minister" the words ", having received the recommendations, if any,
of the Board,".
Amendment negatived.
Clause 49 agreed to.
Clause 50 read.
On the motion of Mr Bell the following amendment was agreed to -
Insert in subclause (2) after "keep" the words "the land and".
Clause 50, as amended, agreed to.
Clauses 51 and 52, by leave, taken together and agreed to.
Clause 53 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (1) "40(3) or (4)" and insert in its stead "40(4B)".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from subclause (4) "land care" and insert in its stead "land management".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from subclause (4) "those conditions." and insert in its stead "those conditions and lodge with
the Registrar-General a notice of the variation.".
Clause 53, as amended, agreed to.
Clause 54 agreed to.
Clause 55 read.
Mr Bell moved the following amendment -
Insert in subclause (1) after "year is" the words "not more than 3% of".
Amendment negatived.
Clause 55 agreed to.
Clauses 56 to 59, by leave, taken together and agreed to, after debate.
Clause 60 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit "all rent due in respect of the lease" and insert in its stead "all rent due and payable under
the lease".
Clause 60, as amended, agreed to.
Clause 61 read.
Mr Bell moved the following amendment -
Omit subclause (4)(b).
Amendment negatived, after debate.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (7)(b) subparagraph (i).
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from subclause (7)(b) subparagraph (iv) and insert in its stead the following:
"(iv) the current rent.".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from subclause (8) paragraph (a) and insert in its stead the following:
"(a) has paid all rent due and payable under the lease;".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from subclause (8)(c) "purchase prices,".
On the motion of Mr Ortmann the following further amendment was agreed to, after debate -
Insert in subclause (10), after paragraph (a), the following:
"(aa) be for such period (or in perpetuity) as the Minister thinks
fit; and".
Clause 61, as amended, agreed to.
Clause 62 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (5) paragraph (c) and insert in its stead the following:
"(c) the rent for the proposed lease; and".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from subclause (6) "served on him or her" and insert in its stead "given".
On the motion of Mr Ortmann the following further amendment was agreed to -
Insert in subclause (8), after "perpetual pastoral lease" (first occurring), the words "and has
paid all rent due and payable under the existing lease".
Clause 62, as amended, agreed to.
Clause 63 agreed to.
Clause 64 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (6) paragraph (e) and insert in its stead the following:
"(e) the rent for the new lease.".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from subclause (7)(a) "rent due" and insert in its stead "rent due and payable".
Clause 64, as amended, agreed to.
Clause 65 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (1) "an area of land" and insert in its stead "an area of Crown land".
Clause 65, as amended, agreed to, after debate.
Clause 66 read.
Mr Bell moved the following amendment -
Omit subclause (4).
Amendment negatived, after debate.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (9) "on the endorsement of the details of the memorandum on each lease" and
insert in its stead "on the Registrar-General so doing".
Clause 66, as amended, agreed to.
Clause 67 negatived.
On the motion of Mr Ortmann the following new clause was inserted in the Bill -
"67. CONSENT TO TRANSFER, &c., OF LEASE, &c.
"(1) Except as provided by this Act, a pastoral lessee shall not, without the consent of the Minister
-
(a) transfer his or her pastoral lease;
(b) sub-let the land the subject of the pastoral lease; or
(c) otherwise part with possession of the land or part of the land,
and compliance with this subsection is a condition of the lease.
"(2) Except as provided by this Act, a sub-lessee of pastoral land shall not, without the consent of the
Minister -
(a) transfer his or her sublease;
(b) further sub-let the subleased land; or
(c) otherwise part with possession of the land or part of the land.
Penalty for an offence against this subsection: $5,000.".
Clause 68 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (1) "partial lease" and insert in its stead "pastoral lease".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from subclause (3) "subsections (4) and (5)" and insert in its stead "subsections (4) and (5) and
section 35(6)".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from subclause (5) "in respect of" and insert in its stead "under".
Clause 68, as amended, agreed to.
Clause 69 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Add at the end the following:
"(3) A mortgagee shall, within a period of 28 days after entering into possession of pastoral land,
notify the Minister in writing of that fact.
"(4) Unless the Minister has been notified in accordance with subsection (3), any notice under this
Act given to the lessee after the expiration of the period referred to in that subsection shall be deemed
to have been duly given to the mortgagee.".
Clause 69, as amended, agreed to.
Clause 70 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (1) "68(6)" and insert in its stead "68(5)".
Clause 70, as amended, agreed to.
Clauses 71 and 72, by leave, taken together and agreed to.
Clause 73 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit subclause (1) and insert in its stead the following:
"(1) The Board may, by notice in writing, direct a pastoral lessee to control declared feral animals on
his or her pastoral land by culling, fencing or other means directed by the Board and the pastoral lessee
shall comply with the reasonable directions of the Board.
Penalty: $5,000 and $500 for each day after conviction for the offence during which the
pastoral lessee fails to comply with the directions.".
Clause 73, as amended, agreed to.
Clause 74 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (5) all words before paragraph (a) and insert in their stead the following:
"(5) A person shall not -".
On the motion of Mr Ortmann the following further agreement was agreed to -
Omit from subclause (5)(a) "the reference area" and insert in its stead "a reference area".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from subclause (5)(b) "near the reference area" and insert in its stead "near a reference area".
Clause 74, as amended, agreed to.
On the motion of Mr Ortmann the following new clause was inserted in the Bill -
"74A. MONITORING SITES
"(1) The Board may, by marking them in the prescribed manner, establish on pastoral land such
monitoring sites as it thinks necessary for the purposes of this Act.
"(2) A person shall not remove, deface or otherwise damage a marker at a monitoring site.
Penalty: $5,000.".
Clause 75 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit subclause (2).
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit subclause (13) and insert in its stead the following:
"(13) A remedial plan registered as referred to in subsection (12) is binding on a mortgagee in
possession of, and on successors in title to, the land.".
Clause 75, as amended, agreed to.
Clause 76 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (1) "beyond his or her reasonable control" and insert in its stead ", in the
opinion of the Minister after considering the advice of the Board, beyond the pastoral lessee's reasonable
control".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from subclause (2) "any damage or deterioration" and insert in its stead "particular
damage or deterioration of a kind".
On the motion of Mr Ortmann the following further amendment was agreed to, after debate -
Omit from subclause (2) "rectification" and insert in its stead ", rectification, to the extent of
the arrangement,".
Clause 76, as amended, agreed to.
Clause 77 read.
Mr Bell moved the following amendment -
Omit from clause 77 "2 weeks" and insert in its stead "5 days".
Amendment negatived, after debate. On the motion of Mr Ortmann the following amendment was agreed to, after
debate -
Add at the end the following:
"(2) The Board may, by notice in the Gazette, prescribe periods for the purposes of subsection
(1).".
Clause 77, as amended, agreed to.
Clause 78 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (1) "Subject to this Part" and insert in its stead "Subject to this or any other
law in force in the Territory".
Mr Bell moved the following further amendment -
Omit from subclause (2) ", advises the Board in writing of the route so nominated and indicates on the
land by reasonable signs or other means (such as by grading the surface of an access road or track)" and
insert in its stead "and advises the Board in writing of the route so nominated".
Amendment negatived.
On the motion of Mr Ortmann the following further amendment was agreed to, after debate -
Insert after subclause (3) the following:
"(3A) In exercising its discretion under subsection (3) the Board shall have regard to -
(a) the possible environmental damage that may result from the
use of a proposed route;
(b) the adverse effect, if any, that its use may have on the management
of the pastoral land;
(c) the financial burden on any person (including the Territory) that may
result from the nomination of the route;
(d) the impact, if any, on the privacy of persons residing on the
pastoral land;
(e) the availability of alternative access other than across the
pastoral land;
(f) whether, in its opinion, it is necessary for access to be provided
across the pastoral land; and
(g) such other matters as it thinks fit or as are presented to it.".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from subsection (6)(b) "500 metres" and insert in its stead "1 kilometre".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from subsection (8) "subsection (8)" and insert in its stead "subsection (7)".
Clause 78, as amended, agreed to.
Clause 79 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (1) "A person" and insert in its stead "Subject to subsection (3), a person".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit subclause (2) and insert in its stead the following:
"(2) If pastoral land over which an access route referred to in subsection (1) is nominated is fenced
and there is no gate or grid in or other means of passage through or over, the fence at the point at
which reasonable access to the route can be had, the Minister shall cause a suitable gate or grid, or other
means of passage, to be erected in, through or over the fence at that point.
"(3) Where a pastoral lessee erects a fence across an access route referred to in subsection (1),
the pastoral lessee shall provide a suitable gate, grid or other means of passage in, through or over the
fence at its intersection with the access route to ensure that access to the route can be had.
Penalty: $5,000.
"(4) The pastoral lessee shall, subject to section 81, keep a gate referred to in section (2) or
(3) unlocked.
Penalty: $5,000.".
Clause 79, as amended, agreed to.
Clause 80 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (1) "The Minister" and insert in its stead "Subject to subsection (1A), the
Minister".
On the motion of Mr Ortmann the following further amendment was agreed to -
Insert after subclause (1) the following:
"(1A) The Minister shall not under subsection (1) declare an area of pastoral land or nominate a route
unless the Minister has given the pastoral lessee reasonable written notice of his or her intention to
do so.".
Clause 80, as amended, agreed to.
Clause 81 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (1) all words after "to which the notice refers," and insert in their stead "close
any land the subject of his or her pastoral lease on which members of the public would otherwise have the
right to be and any access route nominated under section 78 or 80 to that land or water adjacent to the
land, but so that such land or access route is not closed by the lessee for more than 2 weeks in a year,
except with the approval in writing of the Board".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from subclause (2) "use of and".
Clause 81, as amended, agreed to.
Clause 82 agreed to.
Clause 83 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Insert in subclause (1), after "on behalf of the Territory,", the words "on the payment to the Minister
of the prescribed fee,".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from subclause (1) paragraph (a) and insert in its stead the following:
"(a) live or dead naturally grown timber or wood;".
Clause 83, as amended, agreed to.
Clauses 84 to 88, by leave, taken together and agreed to.
Clause 89 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (2)(a) "separate lease for that purpose" and insert in its stead "separate title
under another Act for that non-pastoral purpose".
Clause 89, as amended, agreed to.
Clause 90 agreed to.
Clause 91 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from the definition of "relevant Land Council" the words "section 116" and insert in their
stead "section 112".
Clause 91, as amended, agreed to.
Clauses 92 to 104, by leave, taken together and agreed to.
Clause 105 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (1) "section 105" and insert in its stead "section 106".
Clause 105, as amended, agreed to.
Clause 106 agreed to.
Clause 107 read.
Mr Bell moved the following amendment -
Omit from subclause (2) all words after and including "section 108(1)(b)(ix)," and insert in their
stead "section 108(1)(b) that the Tribunal considers relevant to the application".
Amendment negatived.
Clause 107 agreed to.
Clause 108 read.
Mr Bell moved the following amendment.
Omit from subclause (1) paragraph (b)(ii) and insert in its stead the following:
"(ii) the reasonableness of the size of the area applied for, taking
into account -
(A) the number of people who reside or intend to reside on the
community living area;
(B) any estimates of population growth or decrease; and
(C) the need, if at all, for the inclusion of a reasonable area
as a buffer zone on which mining should not take place;".
Amendment negatived, after debate.
Clause 108 agreed to, after further debate.
Clauses 109 and 110, by leave, taken together and agreed to.
Clause 111 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (3) "subsection (3)" and insert in its stead "subsection (2)".
Clause 111, as amended, agreed to.
Clause 112 agreed to.
Clause 113 agreed to.
Clause 114 read.
On the motion of Mr Ortmann the following amendments were taken together, by leave, and agreed to -
Omit from subclause (2)(b) "Chief Magistrate" and insert in its stead "President";
Omit from subclause (2)(b) "for the particular appeal" and insert in its stead "for and during the
period of the particular appeal";
Omit from subclause (4) "subsection (1)(b)" and insert in its stead "subsection (2)(b)"; and
Omit subclause (5);
Clause 114, as amended, agreed to.
Clause 115 agreed to.
Clause 116 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (11) "but an order" and insert in its stead "or if a scale has not been
prescribed, then as if the proceedings were civil proceedings in the Supreme Court, but an order".
Clause 116, as amended, agreed to.
Clause 117 agreed to.
Clause 118 read.
On the motion of Mr Ortmann the following amendments, by leave, were taken together and agreed to, after debate -
Omit subclause (1) and insert in its stead the following:
"(1) A pastoral lessee who is dissatisfied with -
(a) a decision or action of the Board;
(b) a decision of the Minister or the Valuer-General on an
objection to a determination referred to in section 120(1); or
(c) a decision of the Minister under section 40, may, on the payment of the prescribed fee, appeal
to the Appeal Tribunal against the decision or action.";
Omit subclause (2) and insert in its stead the following:
"(2) An appeal under this section shall be instituted within 28 days after notification of the
decision to the pastoral lessee or the taking of the action, as the case may be.";
Insert after subclause (2) the following:
"(2A) On an appeal under subsection (1)(b) the appellant is limited to the grounds stated in the
objection."; and
Omit subclause (3) and insert in its stead the following:
"(3) On an appeal, the Appeal Tribunal shall review the matter the subject of the appeal and shall -
(a) confirm the decision or action;
(b) vary or revoke the decision or action; or
(c) substitute its own decision for that of the Board, Minister or
Valuer-General or direct that particular action be taken in lieu of the action the
subject of the appeal.
"(3A) The Board, Minister or Valuer-General, as the case may be, shall comply with a direction of the
Appeal Tribunal under subsection (3)(c).".
Clause 118, as amended, agreed to.
Clauses 119 and 120, by leave, taken together and agreed to.
Clause 121 negatived.
Clause 122 negatived.
Clause 123 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit "section 119(1)" and insert in its stead "section 120(1)".
Clause 123, as amended, agreed to.
On the motion of Mr Ortmann the following new clause was inserted in the Bill -
"123A. EFFECT OF NOTICE FORFEITING LEASE
"(1) A notice published in the Gazette in pursuance of section 35(10) or 40(4B) forfeiting a
lease -
(a) has the same effect as a re-entry and recovery of possession by or on
behalf of the Territory; and
(b) is conclusive evidence that the lease to which the notice relates
has been forfeited.
"(2) The Minister shall lodge with the Registrar-General a copy of each notice of the
forfeiture of a lease referred to in subsection (1).".
Clause 124 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (1) "they relate" and insert in their stead "it relates".
Clause 124, as amended, agreed to.
Clauses 125 to 127, by leave, taken together and agreed to.
Clause 128 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit paragraph (h) and insert in its stead the following:
"(h) providing for interest to be payable, and the rate and method of
calculating interest, on amounts due and payable under this Act, but unpaid, to the
Territory;".
On the motion of Mr Ortmann the following further amendment was agreed to -
Insert after paragraph (k) the following:
"(ka) for regulating persons on pastoral land in pursuance of Part 6 or
on or in perennial natural waters referred to in section 78(1), and relating to wilful
or negligent damage or degradation caused by such persons (including restoration and the
payment of compensation);".
Clause 128, as amended, agreed to.
Clauses 129 to 134, by leave, taken together and agreed to.
On the motion of Mr Ortmann the following new clause was added to the Bill -
"135. MINISTER'S OPINION IN RELATION TO HOLDINGS IN EXCESS OF
LIMIT AT COMMENCEMENT OF ACT
"If within 6 months after the commencement of this Act the Minister, on the application of a person
who would but for this section be in breach of section 34 in respect of land or an interest in land acquired
before that commencement, forms the opinion that the holding of that land or interest by the person is in
the interest of the Territory and advises the person, in writing, accordingly, section 34 applies to and in
relation to the land or interest as if the Minister were of that opinion at the time the land or interest
was acquired (and had advised the person, in writing, accordingly) and that section was then in force.".
Schedule read.
On the motion of Mr Ortmann the following amendments, by leave, were taken together and agreed to -
Omit "Angus Downs" and insert in its stead "Angas Downs";
Omit "Atula" and insert in its stead "Apiwentye";
Omit "Conniston" and insert in its stead "Coniston";
Omit "Dorisvale - PL756" and insert in its stead "Dorisvale - PL736";
Omit "Glen Helen - PL671" and insert in its stead "Glen Helen - PL681";
Omit "Jindare - PL663" and insert in its stead "Jindare - PL633";
Omit "Kalala - PL999" and insert in its stead "Kalala - PL699";
Insert after "Limbunya - PL873" the following:
"Lyndavale - PL993";
Omit "Mary River East" and insert in its stead "Mary River";
Omit "Robin Falls" and insert in its stead "Mount Bundy"; and
Omit "Wollongorang" and insert in its stead "Wollogorang".
Schedule, as amended, agreed to.
Title agreed to, after debate.
Bill to be reported with amendments, after debate.
(2.59 a.m.)
____________________
The Acting Speaker (Mr Collins) resumed the Chair; the Chairman (Mr Poole) reported accordingly; and the report
was adopted.
Mr Ortmann 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.
13. CROWN LANDS BILL 1991 (Serial 106):
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.
Leave refused: The Member for Macdonnell (Mr Bell) sought leave to continue his remarks at a later hour.
Objection being made, leave not granted.
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
(Deputy Chairman - Mr Collins)
(3.15 a.m.)
Clauses 1 to 12, by leave, taken together.
On the motion of the Minister for Lands and Housing (Mr Ortmann) the following amendments, by leave, were taken
together and agreed to, after debate -
Omit from clause 3 the definition of "planning instrument" and insert in its stead the following:
"'planning instrument' has the same meaning as in the Planning Act;";
Omit from clause 3 the definition of "Surveyor-General" and insert in its stead the
following:
"'Surveyor-General' has the same meaning as in the Licensed
Surveyors Act;";
Omit from clause 3 the definition of "The Valuer-General";
Add at the end of clause 3 the following:
"'Valuer-General' has the same meaning as in the Valuation
of Land Act;";
Omit from clause 7 subclause (1) "his powers" and insert in its stead "the Minister's powers";
Omit from clause 10(1) "his discretion" and insert in its stead "the Minister's discretion";
Omit from clause 12(2)(a) "estate or lease in" and insert in its stead "estate in, or lease of,";
Omit from clause 12(2)(b) "estate or lease in that" and insert in its stead "estate in, or lease of, the";
Omit from clause 12(3) "he may" and insert in its stead "the Minister may"; and
Omit from clause 12(5) "he or she" and insert in its stead "the Minister".
Clauses 1 to 12, as amended, agreed to.
Clause 13 read.
Mr Bell moved the following amendment -
Insert in subclause (1), after "Gazette, the words "and in a newspaper circulating in the area in
which the land is situated.".
Amendment negatived, after debate.
Clause 13 agreed to.
Clauses 14 to 93, by leave, taken together.
On the motion of Mr Ortmann the following amendments, by leave, were taken together and agreed to, after debate -
Omit from clause 19(1) "as he thinks fit" and insert in its stead "as the Minister thinks fit";
Insert after clause 19 the following:
"19A. RESERVATIONS RELATING TO ABORIGINAL COMMUNITY LIVING AREAS
"(1) There is reserved to the Territory in every grant effected by section 46(1A) of the Lands
Acquisition Act of an estate in fee simple to an association for the purposes of an Aboriginal community
living area such interests (including the reservation of easements and easements in gross) as are reasonably
necessary for the provision of essential services and facilities, being power (including gas), water,
sewerage, road or communication services and facilities, to or across the land comprising the grant
or access to any of them.
"(2) There is reserved to the Territory in every grant referred to in subsection (1) such interests
(including the reservation of easements and easements in gross) as are necessary to provide such services
(including the provision of health, education and police services) as are agreed on between the
association to which the grant is made, at any time after it is made, and the Minister.";
Omit from clause 22 "that is larger" and insert in its stead "greater";
Omit from clause 23(3) all words before paragraph (b) and insert in their stead the following:
"(3) Where the Minister enters into an agreement under subsection (1), the Minister may thereupon -
(a) grant the estate in fee simple in the land; or";
Omit from subclause 23(4) "shall, while it is not so subdivided, be" and insert in its stead "is, while it
is not so subdivided,";
Omit from clause 26(e) "that he" and insert in its stead "that the lessee";
Omit from clause 26(f) "by him or her may at any time, in" and insert in its stead "by the lessee at any
time, in the";
Omit from clause 26(h) "with condition" and insert in its stead "with a condition";
Omit clause 32 and insert the following new clause in its stead:
"32. ABANDONMENT OF RIGHT TO LEASE
"A person who has a right to be granted a lease may, at any time before the lease is granted, by
notice in writing to the Minister, and after paying all money, if any, due and payable in respect of the
right, abandon the right.";
Omit from clause 36(1)(c) "the Act" and insert in its stead "this Act";
Omit from clause 36(2)(d) "to take" and insert in its stead "notwithstanding any other law of the Territory,
to take";
Omit from clause 37(2) "he specifies" and insert in its stead "the Minister specifies";
Omit from clause 37(3) "his discretion" and insert in its stead "the Minister's discretion";
Omit from clause 37(3)(e) "if he" and insert in its stead "if the Minister";
Omit from clause 38(1) "he has caused notice of his" and insert in its stead "the Minister has caused notice
of his or her";
Omit from clause 38(3) "he wishes" and insert in its stead "the mortgagee wishes";
Omit from clause 40 "he thinks fit" and insert in its stead "the Minister thinks fit";
Omit from clause 41(1) "his lease" and insert in its stead "his or her lease";
Omit from clause 41(5)(a), (b) and (c) "if he" and insert in their stead "if he or she";
Omit from clause 41(7)(b) "given";
Omit from clause 42(1) "grant to him" and insert in its stead "grant to the person";
Omit from clause 42(5) "of his" and insert in its stead "of the Minister's";
Omit from clause 42(6)(a) and (c) "if he" and insert in their stead "if he or she";
Omit from clause 43(7) "The provisions of section" and insert in its stead "Section";
Omit from clause 43(8) "section 41(6)" and insert in its stead "section 42(6)";
Omit from clause 44(3) "the provisions of";
Omit from clause 46(2) "his";
Omit from clause 49(2) "this and section 50" and insert in its stead "this section and section 50";
Omit from clause 49(12)(b)(ii) "re-appraisal rental" and insert in its stead "re-appraisement of the rent";
Omit from clause 49(13) "re-appraised rental" and insert in its stead "re-appraised rent";
Omit from clause 55(5) "he reserves" and insert in its stead "the Minister reserves";
Omit from clause 57 "constituted under the Local Government Act";
Omit from clause 57 paragraph (b) "Crown Land" and insert in its stead "Crown lease";
Omit from clause 59(2) "the Schedule" and insert in its stead "Schedule 1";
Omit from clause 75(6) "under subsection (3)" and insert in its stead "referred to in subsection (5)";
Omit from clause 78(1) "as he thinks fit" and insert in its stead "as the Minister thinks fit";
Omit from clause 78(9)(f) "exposal" and insert in its stead "display";
Omit from clause 78(11)(b) "the provisions of the by-law prevail" and insert in its stead "the by-law
prevails";
Omit from clause 84(5) ", as the case may be,";
Omit from clause 86(1)(b) "his decision" and insert in its stead "the Minister's decision";
Omit from clause 87(2)(d) "native";
Omit from clause 90(3)(b) "of reserved lands" and insert in its stead "reserved lands";
Omit from clause 90(3)(b) "section 72" and insert in its stead "section 75";
Omit from clause 90(3)(c) "native"; and
Omit from clause 91(1) "sub-paragraph (iv), (x) or (xiv) of section 75(1)(a)" and insert in its stead
"section 75(1)(a)(iv), (x) or (xiv)".
Clauses 14 to 93, as amended, agreed to.
Mr Bell moved - That the following proposed new clause be inserted in the Bill -
"93A. EXCLUSION OF ABORIGINAL LIVING AREAS
"(1) In this section 'land to which this section applies' means land the subject of a lease in a
pastoral district declared under section 8 of the Pastoral Land Act, other than such land, not exceeding
10 square kilometres, as is prescribed.
"(2) Part 8 of the Pastoral Land Act, with the necessary changes, applies to and in relation to land
to which this section applies as if the land were the subject of a pastoral lease under that Act.
"(3) The Living Areas Tribunal, within the meaning of Part 8 of the Pastoral Land Act, and the Minister
have all the powers and functions in relation to an application for the excision from land to which this
section applies of an area as a community living area as it, he or she has in relation to an application
under section 100 of the Pastoral Land Act.
Debate ensued.
Mr Bell, by leave, amended the amendment as follows -
Omit from proposed subclause 3,
"he or she" and insert "the Minister".
Amendment as amended, negatived, after debate.
Remainder of the Bill, by leave, taken as a whole.
On the motion of Mr Ortmann the following amendments, by leave, were taken together and agreed to -
Omit clause 101;
Omit from clause 104(a) "is a prima facie" and insert in its stead "is prima facie";
Omit from clause 108(1) "appointments" and insert in its stead "appointments (other than appointments as
members of the Land Board of the Northern Territory),"; and
SCHEDULE 2
Omit the following:
"Crown Lands Amendment Act No.59, 1980 (No. 3) 1980 as amended by
Regulations 1980, No. 54".
Remainder of the Bill, as amended, agreed to.
Bill to be reported with amendments.
____________________
The Acting Speaker (Mr Collins) resumed the Chair; the Chairman (Mr Poole) reported accordingly; and the report was
adopted.
The Minister for Lands and Housing (Mr Ortmann) 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.
14. ADJOURNMENT:
The Minister for Primary Industry and Fisheries (Mr Reed) moved - That the Assembly do now adjourn.
Debate ensued.
Question - put and passed.
The Assembly adjourned at 4.34 a.m. until today at 10.00 a.m.
====================
PAPERS:
The following Papers were deemed to have been tabled on 4 March 1992:
Annual Reports:
Department of Health and Community Services, 1990-91
Juvenile Justice Act, 1991
Museums and Art Galleries Board, 1990-91.
====================
ATTENDANCE:
All Members attended the sitting except Mr Vale, on leave.
__________________________________________________________________________________
Date : 04/03/1992
1. MEETING:
The Assembly met at 10.00 a.m., pursuant to adjournment. The Speaker, the Honourable N.M. Dondas, took the Chair.
2. PRAYERS.
3. NOTICES:
The following notices were given:
Mr Manzie: To present the Land and Business Agents Amendment Bill 1992 (Serial 136).
Mr Manzie: To present the Crimes (Forfeiture of Proceeds) Amendment Bill 1992 (Serial 127).
Mr Stone: To present the Public Sector Employment (Interim Arrangements) Bill 1992 (Serial 132).
Mr Finch: To present the Water (Consequential Amendments) Bill 1992 (Serial 133).
Mr Ortmann: To present the Pastoral Land (Consequential Amendments) Bill 1992 (Serial 134).
Mr Coulter: To present the Legislative Assembly Members' Superannuation Amendment Bill 1992 (Serial 129).
Mr Coulter: To present the Superannuation Amendment Bill 1992 (Serial 130).
Mr Coulter: To present the Financial Administration and Audit Amendment Bill 1992 (Serial 135).
4. QUESTIONS:
Questions were asked of Ministers.
And the Member for Wanguri (Mr Bailey) interjecting in an unparliamentary manner contrary to previous warnings issued
by the Speaker earlier these sittings -
Member named: The Speaker named Mr Bailey.
Member suspended: The Leader of Government Business (Mr Setter) moved - That the Member for Wanguri (Mr Bailey)
be suspended from the service of the Assembly.
Question - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 15 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 Mr Parish
Mr Ortmann Mr Stirling
Mrs Padgham-Purich Mr Tipiloura
Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
And so it was resolved in the affirmative.
Mr Bailey, pursuant to Standing Order 241, was therefore suspended at 10.41 a.m. for 24 hours. Mr Bailey accordingly
withdrew from the Chamber.
Further questions were asked of Ministers.
5. WANT OF CONFIDENCE IN GOVERNMENT - MOTION NEGATIVED:
Suspension of Standing Orders: The Leader of Opposition (Mr Ede) moved - That so much of Standing Orders be
suspended as would prevent him moving the following motion:
That this Assembly express a want of confidence in the Government in that it has failed to take any positive action
to redress the economic malaise that has afflicted the Territory in recent years.
The Leader of Government Business (Mr Setter) moved - That the question be now put.
Question - That the question be now put - put.
And the Assembly having proceeded to a division - Mr Ede, by leave, withdrew the call for a division.
Question - That the question be now put - put and passed.
Question - That so much of Standing Orders be suspended as would prevent Mr Ede moving a motion expressing a want of
confidence in the Government - put and passed.
Want of confidence: Mr Ede thereupon moved - That this Assembly express a want of confidence in the Government in
that it has failed to take any positive action to redress the economic malaise that has afflicted the Territory in
recent years.
Debate ensued.
____________________
Suspension of sitting: The sitting was suspended between 12.03 p.m. and 2.00 p.m.
____________________
Debate continued.
Paper tabled: The Member for Greatorex (Mr Collins), by leave, laid on the Table the following Paper -
Letter, L.N. Hingley, Joint National Secretary, Finance Sector Union of Australia to
Mr L.F. Hoins, dated 22 July 1991.
Debate continued.
Paper tabled: The Minister for Education and Training (Mr Stone) laid on the Table the following Paper -
Table, Australia's Education Budgets - Total Outlays from Education Monitor, Spring 1991.
Debate continued.
Question - put.
The Assembly divided (the Speaker, Hon. N.M. Dondas, in the Chair) -
AYES, 7 NOES, 13
Mr Bell Mr Coulter
Mr Cartwright Mr Dondas
Mr Ede Mr Finch
Mrs Hickey Mr Hatton
Mr Parish Mr Manzie
Mr Stirling Mr McCarthy
Mr Tipiloura Mr Ortmann
Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Motion negatived accordingly.
6. SUBORDINATE LEGISLATION AND TABLED PAPERS COMMITTEE, SIXTH REPORT:
The Chairman of the Subordinate Legislation and Tabled Papers Committee (Mr Setter) laid on the Table the Sixth
Report of the Subordinate Legislation and Tabled Papers Committee.
7. DISCHARGE OF BUSINESS:
The Leader of Government Business (Mr Setter) moved - That the following Government Business, Orders of the Day be
discharged from the Notice Paper -
No.8, relating to the Ministerial Statement on the Special Premiers' Conference July 1991;
No.12, relating to the Annual Report of the Ombudsman, 1990-91; No.13, relating to the
Ministerial Statement on Territory Parks and Reserves; and
No.14, relating to a Paper entitled "Gulf Region Land Use and Development Study 1991".
Question - put and passed.
8. FLOOD MITIGATION DAM - MINISTERIAL STATEMENT - STATEMENT NOTED:
The Minister for Lands and Housing (Mr Ortmann) made a statement relating to the proposal to build a flood
mitigation dam in Alice Springs.
Papers tabled: Mr Ortmann laid on the Table the following Papers:
Twenty eight photographs depicting Alice Springs during a flood of the Todd River.
Mr Ortmann moved - That the Assembly take note of the Statement.
Debate ensued.
Question - put and passed.
9. MULHOLLAND INQUIRY, ADVICE RE PUBLISHING SEGMENTS RELATING TO OPERATION TROJAN - PAPERS TABLED - PAPERS NOTED:
The Speaker informed the Assembly that on 13 February 1992 advice had been sought from the Solicitor-General,
Mr Tom Pauling, QC, regarding publication of certain parts of the Mulholland Inquiry relating to Operation Trojan.
The Speaker laid on the Table the following Papers -
Letter, Hon. N.M. Dondas, MLA, Speaker to Mr T. Pauling, QC, Solicitor-General, dated
13 February 1992;
Letter, Mr T. Pauling, QC, Solicitor-General to Hon. N.M. Dondas, MLA, Speaker, dated
27 February 1992;
"Trial by executive: why judges should say 'no'", Newspaper article;
"Witch-hunters", article from Bulletin magazine, 28 January to 7 February 1992;
"Costly ethics", article from the Bulletin magazine, dated 5 November 1991; and
"Is that inquiry really necessary?", article from the Bulletin magazine, dated
28 May 1991.
The Chief Minister (Mr Perron) moved - That the Assembly take note of the Papers.
Debate ensued.
Question - put and passed.
10. POLICE ADMINISTRATION AMENDMENT BILL 1992 (Serial 109):
The Chief Minister (Mr Perron), pursuant to notice, presented a Bill for an Act to amend the Police
Administration Act.
Bill read a first time.
Mr Perron moved - That the Bill be now read a second time.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.
11. PUBLIC NOTARIES BILL 1992 (Serial 131):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to provide for the appointment
and enrolment of public notaries and for related purposes.
Bill read a first time.
Mr Manzie moved - That the Bill be now read a second time.
On the motion of the Member for Macdonnell (Mr Bell) debate was adjourned.
12. PASTORAL LAND BILL 1991 (Serial 105):
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.
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 Poole)
(11.57 p.m.)
Clauses 1 and 2, by leave, taken together and agreed to.
Clause 3 read.
On the motion of the Minister for Lands and Housing (Mr Ortmann) the following amendment was agreed to -
Omit from subclause (1) the definition of "lessee" and insert in its stead the following:
"'lessee' includes -
(a) the person to whom a lease passes,
whether by transfer or devolution;
(b) a person permitted, in pursuance of
an arrangement under section 50, to hold over
land that was the subject of a former pastoral
lease after the expiration of the term of the
lease;
(c) a mortgagee in possession; and
(d) where applicable, a sublessee or
other person in control of the relevant land;".
On the motion of Mr Ortmann the following further amendment was agreed to -
Insert in subclause (1), after the definition of lessee", the following:
"'monitoring site' means a monitoring site established under section 74A;".
And the Assembly having continued to sit until 12 midnight -
THURSDAY 5 MARCH 1992, A.M.
On the motion of Mr Ortmann the following further amendment was agreed to -
Insert in subclause (1), after the definition of "pastoral purposes", the following:
"'reference area' means an area of pastoral land declared under section 74(1) to be a reference
area;".
Clause 3, as amended, agreed to after debate.
Clause 4 read.
The Member for Macdonnell (Mr Bell) moved the following amendment -
Omit from paragraph (a) all words after "that" and insert in their stead "maximises the economic
return to the Territory from the sustainable use of land for pastoral purposes".
Amendment negatived, after debate.
On the motion of Mr Ortmann the following amendment was agreed to, after debate -
Omit from paragraph (b) subparagraph (i) and insert in its stead the following:
"(i) the monitoring of pastoral land so as to detect and assess any change in its
condition;".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from paragraph (d) "to and through" and insert in its stead "across".
On the motion of Mr Bell the following further amendment was agreed to, after debate -
Add at the end the following:
"(e) to provide a procedure to establish Aboriginal community living areas on
pastoral land.".
Clause 4, as amended, agreed to.
Clause 5 agreed to.
Clause 6 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit ", throughout the term of a pastoral lease".
Clause 6, as amended, agreed to.
Clauses 7 and 8, by leave, taken together and agreed to.
Clause 9 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (1) "this Act" and insert in its stead "this Act, or for the purpose of assessing
the land in connection with the preparation of an application under Part 8.".
Clause 9, as amended, agreed to.
Clauses 10 to 12, by leave, taken together and agreed to, after debate.
Clause 13 read.
Mr Bell moved the following amendment -
Omit paragraph (b) and insert in its stead the following:
"(b) 2 persons who have expertise or experience in the preservation,
conservation or rehabilitation of land resources are included.".
Amendment negatived, after debate.
Clause 13 agreed to, after debate.
Clause 14 agreed to.
Clause 15 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Insert after subclause (1) the following:
"(1A) An appointment under subsection (1) shall be notified in the Gazette as soon as practicable
after it is made.".
Clause 15, as amended, agreed to.
Clause 16 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Insert after subclause (1) the following:
"(1A) An appointment under subsection (1) shall be notified in the Gazette as soon as practicable
after it is made.".
Clause 16, as amended, agreed to.
Clause 17 read.
Mr Bell moved the following amendment -
Omit subclause (2) and insert in its stead the following:
"(2) Where a resignation under subsection (1) specifies the date the resignation is to take effect,
the resignation takes effect on that date.".
Amendment negatived, after debate.
Clause 17 agreed to.
Clauses 18 to 20, by leave, taken together and agreed to.
Clause 21 read.
Mr Bell moved the following amendment -
Omit subclause (5) and insert in its stead the following:
"(5) The Board shall forward a copy of the minutes of a meeting of the Board within 14 days after
the meeting.".
Amendment negatived, after debate.
Clause 21 agreed to.
Clauses 22 to 28, by leave, taken together and agreed to, after debate.
Clause 29 read.
On the motion of Mr Bell the following amendment was agreed to, after debate -
Omit from paragraph (a) all words after Minister" and insert in their stead ", but in any
case not less than once a year, on the general condition of pastoral land and the operations of the
Board".
On the motion of Mr Ortmann the following further amendment was agreed to, after debate -
Omit from paragraph (c) "regional" and insert in its stead "District".
Clause 29, as amended, agreed to.
Clause 30 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (2)(a) "monitoring points" and insert in its stead "monitoring sites".
On the motion of Mr Ortmann the following further amendment was agreed to, after debate -
Omit from subclause (3) "act as agent for the Territory" and insert in its stead "with the approval
in writing of the Minister, act as agent for the Territory or a statutory corporation".
Clause 30, as amended, agreed to.
Clause 31 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (6) "it is given" (twice occurring) and insert in its stead "the right is
given".
Clause 31, as amended, agreed to.
Clauses 32 and 33, by leave, taken together and agreed to.
Clause 34 read.
On the motion of Mr Ortmann the following amendment was agreed to, after debate -
Omit from subclause (1) all words before paragraph (a) and insert in their stead the following:
"(1) Subject to section 135, unless -
(aa) the Minister was, at the time the land or interest was or was to be acquired, of the opinion that it was or
would be in the interest of the Territory and advised the person, in writing, accordingly; or
(ab) the land or interest was lawfully held at the commencement of this Act,
a person shall not -".
Mr Bell moved the following further amendment -
Omit from subclause (1)(a) "13,000" and insert in its stead "20,000".
Amendment negatived.
On the motion of Mr Ortmann the following further amendment was agreed to, after debate -
Omit from subclause (2)(f)(i) "a parent, grandparent, brother, sister," and insert in its stead
"a lineal or adoptive ancestor of any degree, sibling,".
Clause 34, as amended, agreed to, after debate.
Clause 35 read. On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (1)(a) "section 38" and insert in its stead "section 34".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from subclause (5) "application to transfer" and insert in its stead "application for consent to
transfer".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit subclause (6) and insert in its stead the following:
"(6) The Minister shall not under section 68(2) refer to the Board for consideration and
recommendation an application for consent to transfer, or consent to the transfer, until the applicant has
complied with a notice, if any, under subsection (5).".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit subclause (11).
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit subclause (14).
Clause 35, as amended, agreed to.
Clause 36 read.
On the motion of Mr Ortmann the following amendments, by leave, were taken together and agreed to, after debate -
Omit "execute the lease" and insert in its stead "accept the offer"; and
Insert, after "all or part", the words "as the Minister thinks fit".
Clause 36, as amended, agreed to.
Clause 37 agreed to.
Clause 38 read.
On the motion of Mr Ortmann the following amendment was agreed to, after debate -
Omit from subclause (1) "shall be granted" and insert in its stead "is".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from subclause (1) paragraph (d) and insert in its stead the following:
"(d) that, subject to section 87, the lessee will use the land only for
pastoral purposes;".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from subclause (2)(e) "to take" and insert in its stead "notwithstanding any other law of the
Territory, to take".
Clause 38, as amended, agreed to.
Clause 39 read.
On the motion of Mr Ortmann the following amendment was agreed to, after debate -
Omit paragraph (a) and insert in its stead the following:
"(a) not use or stock the land other than as permitted by or under this Act
or the lease;".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit paragraph (d) and insert in its stead the following:
"(d) allow the establishment on the leased land of monitoring sites as
required by the Board and allow reasonable access to those sites for the purposes of
this Act;".
Clause 39, as amended, agreed to.
Clause 40 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (3)(b) "explanation furnished" and insert in its stead "explanation
furnished and notifies the lessee in writing of that fact".
Mr Bell moved the following amendment -
Omit from subclause (3) "may, subject to sections 41 and 53, in the Minister's discretion" and insert in
its stead "shall, subject to sections 41 and 53".
Amendment negatived.
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from subclause (3) paragraph (e) and insert in its stead the following:
"(e) except in the case of a perpetual pastoral lease, if the Minister is
satisfied that the non-compliance has been wilful and that the lessee has made no real
effort to comply with the condition, decide to forfeit the lease.".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from subclause (4) all words after "perpetual pastoral lease," and insert in their stead
"decide to forfeit the lease".
On the motion of Mr Ortmann the following further amendment was agreed to -
Insert after subclause (4) the following:
"(4A) Where under subsection (3)(e) or (4) the Minister decides to forfeit a lease, the Minister
shall give written notice of the decision (together with, in the case of a decision under subsection
(3)(e), a statement of the Minister's reasons for the decision) to the lessee.
"(4B) The Minister may, not earlier than 28 days after the service of a notice referred to in
subsection (4A) or where, within that time, an appeal against the Minister's decision is lodged under
section 118(1)(c) after the appeal has been determined and the Minister's decision has been confirmed, by
notice in the Gazette, forfeit the lease.".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from subclause (6) "against this section" and insert in its stead "referred to in subsection
(5)".
Clause 40, as amended, agreed to after debate.
Clause 41 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (1) paragraph (a) and insert in its stead the following:
"(a) deciding under section 40(3)(e) or (4) to forfeit a lease; or".
Clause 41, as amended, agreed to.
Clause 42 read.
On the motion of Mr Ortmann the following amendment was agreed to, after debate -
Insert in subclause (1), after "in respect of the land or property", the words "(including the
destocking of all or part of the land)".
On the motion of Mr Ortmann the following further amendment was agreed to, after debate -
Insert after subclause (2) the following:
"(2A) Where under subsection (1) stock is removed from the land, otherwise than by or on behalf of the
pastoral lessee, it shall be disposed of as prescribed and the Regulations may provide for the allocation of
the proceeds of the sale, if any, of the stock.".
Clause 42, as amended, agreed to.
Clauses 43 to 46, by leave, taken together and agreed to.
Clause 47 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit all words after "until notice" and insert in their stead "of the variation is lodged with the
Registrar-General".
Clause 47, as amended, agreed to.
Clause 48 agreed to.
Clause 49 read.
Mr Bell moved the following amendment -
Insert after subclause (1) the following:
"(1A) The Minister may refer an application for an extension of the term of the pastoral lease under
subsection (1) to the Board for consideration.".
Amendment negatived.
Mr Bell moved the following further amendment -
Insert in subclause (2) after "Minister" the words ", having received the recommendations, if any,
of the Board,".
Amendment negatived.
Clause 49 agreed to.
Clause 50 read.
On the motion of Mr Bell the following amendment was agreed to -
Insert in subclause (2) after "keep" the words "the land and".
Clause 50, as amended, agreed to.
Clauses 51 and 52, by leave, taken together and agreed to.
Clause 53 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (1) "40(3) or (4)" and insert in its stead "40(4B)".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from subclause (4) "land care" and insert in its stead "land management".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from subclause (4) "those conditions." and insert in its stead "those conditions and lodge with
the Registrar-General a notice of the variation.".
Clause 53, as amended, agreed to.
Clause 54 agreed to.
Clause 55 read.
Mr Bell moved the following amendment -
Insert in subclause (1) after "year is" the words "not more than 3% of".
Amendment negatived.
Clause 55 agreed to.
Clauses 56 to 59, by leave, taken together and agreed to, after debate.
Clause 60 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit "all rent due in respect of the lease" and insert in its stead "all rent due and payable under
the lease".
Clause 60, as amended, agreed to.
Clause 61 read.
Mr Bell moved the following amendment -
Omit subclause (4)(b).
Amendment negatived, after debate.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (7)(b) subparagraph (i).
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from subclause (7)(b) subparagraph (iv) and insert in its stead the following:
"(iv) the current rent.".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from subclause (8) paragraph (a) and insert in its stead the following:
"(a) has paid all rent due and payable under the lease;".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from subclause (8)(c) "purchase prices,".
On the motion of Mr Ortmann the following further amendment was agreed to, after debate -
Insert in subclause (10), after paragraph (a), the following:
"(aa) be for such period (or in perpetuity) as the Minister thinks
fit; and".
Clause 61, as amended, agreed to.
Clause 62 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (5) paragraph (c) and insert in its stead the following:
"(c) the rent for the proposed lease; and".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from subclause (6) "served on him or her" and insert in its stead "given".
On the motion of Mr Ortmann the following further amendment was agreed to -
Insert in subclause (8), after "perpetual pastoral lease" (first occurring), the words "and has
paid all rent due and payable under the existing lease".
Clause 62, as amended, agreed to.
Clause 63 agreed to.
Clause 64 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (6) paragraph (e) and insert in its stead the following:
"(e) the rent for the new lease.".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from subclause (7)(a) "rent due" and insert in its stead "rent due and payable".
Clause 64, as amended, agreed to.
Clause 65 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (1) "an area of land" and insert in its stead "an area of Crown land".
Clause 65, as amended, agreed to, after debate.
Clause 66 read.
Mr Bell moved the following amendment -
Omit subclause (4).
Amendment negatived, after debate.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (9) "on the endorsement of the details of the memorandum on each lease" and
insert in its stead "on the Registrar-General so doing".
Clause 66, as amended, agreed to.
Clause 67 negatived.
On the motion of Mr Ortmann the following new clause was inserted in the Bill -
"67. CONSENT TO TRANSFER, &c., OF LEASE, &c.
"(1) Except as provided by this Act, a pastoral lessee shall not, without the consent of the Minister
-
(a) transfer his or her pastoral lease;
(b) sub-let the land the subject of the pastoral lease; or
(c) otherwise part with possession of the land or part of the land,
and compliance with this subsection is a condition of the lease.
"(2) Except as provided by this Act, a sub-lessee of pastoral land shall not, without the consent of the
Minister -
(a) transfer his or her sublease;
(b) further sub-let the subleased land; or
(c) otherwise part with possession of the land or part of the land.
Penalty for an offence against this subsection: $5,000.".
Clause 68 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (1) "partial lease" and insert in its stead "pastoral lease".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from subclause (3) "subsections (4) and (5)" and insert in its stead "subsections (4) and (5) and
section 35(6)".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from subclause (5) "in respect of" and insert in its stead "under".
Clause 68, as amended, agreed to.
Clause 69 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Add at the end the following:
"(3) A mortgagee shall, within a period of 28 days after entering into possession of pastoral land,
notify the Minister in writing of that fact.
"(4) Unless the Minister has been notified in accordance with subsection (3), any notice under this
Act given to the lessee after the expiration of the period referred to in that subsection shall be deemed
to have been duly given to the mortgagee.".
Clause 69, as amended, agreed to.
Clause 70 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (1) "68(6)" and insert in its stead "68(5)".
Clause 70, as amended, agreed to.
Clauses 71 and 72, by leave, taken together and agreed to.
Clause 73 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit subclause (1) and insert in its stead the following:
"(1) The Board may, by notice in writing, direct a pastoral lessee to control declared feral animals on
his or her pastoral land by culling, fencing or other means directed by the Board and the pastoral lessee
shall comply with the reasonable directions of the Board.
Penalty: $5,000 and $500 for each day after conviction for the offence during which the
pastoral lessee fails to comply with the directions.".
Clause 73, as amended, agreed to.
Clause 74 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (5) all words before paragraph (a) and insert in their stead the following:
"(5) A person shall not -".
On the motion of Mr Ortmann the following further agreement was agreed to -
Omit from subclause (5)(a) "the reference area" and insert in its stead "a reference area".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from subclause (5)(b) "near the reference area" and insert in its stead "near a reference area".
Clause 74, as amended, agreed to.
On the motion of Mr Ortmann the following new clause was inserted in the Bill -
"74A. MONITORING SITES
"(1) The Board may, by marking them in the prescribed manner, establish on pastoral land such
monitoring sites as it thinks necessary for the purposes of this Act.
"(2) A person shall not remove, deface or otherwise damage a marker at a monitoring site.
Penalty: $5,000.".
Clause 75 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit subclause (2).
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit subclause (13) and insert in its stead the following:
"(13) A remedial plan registered as referred to in subsection (12) is binding on a mortgagee in
possession of, and on successors in title to, the land.".
Clause 75, as amended, agreed to.
Clause 76 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (1) "beyond his or her reasonable control" and insert in its stead ", in the
opinion of the Minister after considering the advice of the Board, beyond the pastoral lessee's reasonable
control".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from subclause (2) "any damage or deterioration" and insert in its stead "particular
damage or deterioration of a kind".
On the motion of Mr Ortmann the following further amendment was agreed to, after debate -
Omit from subclause (2) "rectification" and insert in its stead ", rectification, to the extent of
the arrangement,".
Clause 76, as amended, agreed to.
Clause 77 read.
Mr Bell moved the following amendment -
Omit from clause 77 "2 weeks" and insert in its stead "5 days".
Amendment negatived, after debate. On the motion of Mr Ortmann the following amendment was agreed to, after
debate -
Add at the end the following:
"(2) The Board may, by notice in the Gazette, prescribe periods for the purposes of subsection
(1).".
Clause 77, as amended, agreed to.
Clause 78 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (1) "Subject to this Part" and insert in its stead "Subject to this or any other
law in force in the Territory".
Mr Bell moved the following further amendment -
Omit from subclause (2) ", advises the Board in writing of the route so nominated and indicates on the
land by reasonable signs or other means (such as by grading the surface of an access road or track)" and
insert in its stead "and advises the Board in writing of the route so nominated".
Amendment negatived.
On the motion of Mr Ortmann the following further amendment was agreed to, after debate -
Insert after subclause (3) the following:
"(3A) In exercising its discretion under subsection (3) the Board shall have regard to -
(a) the possible environmental damage that may result from the
use of a proposed route;
(b) the adverse effect, if any, that its use may have on the management
of the pastoral land;
(c) the financial burden on any person (including the Territory) that may
result from the nomination of the route;
(d) the impact, if any, on the privacy of persons residing on the
pastoral land;
(e) the availability of alternative access other than across the
pastoral land;
(f) whether, in its opinion, it is necessary for access to be provided
across the pastoral land; and
(g) such other matters as it thinks fit or as are presented to it.".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from subsection (6)(b) "500 metres" and insert in its stead "1 kilometre".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from subsection (8) "subsection (8)" and insert in its stead "subsection (7)".
Clause 78, as amended, agreed to.
Clause 79 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (1) "A person" and insert in its stead "Subject to subsection (3), a person".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit subclause (2) and insert in its stead the following:
"(2) If pastoral land over which an access route referred to in subsection (1) is nominated is fenced
and there is no gate or grid in or other means of passage through or over, the fence at the point at
which reasonable access to the route can be had, the Minister shall cause a suitable gate or grid, or other
means of passage, to be erected in, through or over the fence at that point.
"(3) Where a pastoral lessee erects a fence across an access route referred to in subsection (1),
the pastoral lessee shall provide a suitable gate, grid or other means of passage in, through or over the
fence at its intersection with the access route to ensure that access to the route can be had.
Penalty: $5,000.
"(4) The pastoral lessee shall, subject to section 81, keep a gate referred to in section (2) or
(3) unlocked.
Penalty: $5,000.".
Clause 79, as amended, agreed to.
Clause 80 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (1) "The Minister" and insert in its stead "Subject to subsection (1A), the
Minister".
On the motion of Mr Ortmann the following further amendment was agreed to -
Insert after subclause (1) the following:
"(1A) The Minister shall not under subsection (1) declare an area of pastoral land or nominate a route
unless the Minister has given the pastoral lessee reasonable written notice of his or her intention to
do so.".
Clause 80, as amended, agreed to.
Clause 81 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (1) all words after "to which the notice refers," and insert in their stead "close
any land the subject of his or her pastoral lease on which members of the public would otherwise have the
right to be and any access route nominated under section 78 or 80 to that land or water adjacent to the
land, but so that such land or access route is not closed by the lessee for more than 2 weeks in a year,
except with the approval in writing of the Board".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from subclause (2) "use of and".
Clause 81, as amended, agreed to.
Clause 82 agreed to.
Clause 83 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Insert in subclause (1), after "on behalf of the Territory,", the words "on the payment to the Minister
of the prescribed fee,".
On the motion of Mr Ortmann the following further amendment was agreed to -
Omit from subclause (1) paragraph (a) and insert in its stead the following:
"(a) live or dead naturally grown timber or wood;".
Clause 83, as amended, agreed to.
Clauses 84 to 88, by leave, taken together and agreed to.
Clause 89 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (2)(a) "separate lease for that purpose" and insert in its stead "separate title
under another Act for that non-pastoral purpose".
Clause 89, as amended, agreed to.
Clause 90 agreed to.
Clause 91 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from the definition of "relevant Land Council" the words "section 116" and insert in their
stead "section 112".
Clause 91, as amended, agreed to.
Clauses 92 to 104, by leave, taken together and agreed to.
Clause 105 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (1) "section 105" and insert in its stead "section 106".
Clause 105, as amended, agreed to.
Clause 106 agreed to.
Clause 107 read.
Mr Bell moved the following amendment -
Omit from subclause (2) all words after and including "section 108(1)(b)(ix)," and insert in their
stead "section 108(1)(b) that the Tribunal considers relevant to the application".
Amendment negatived.
Clause 107 agreed to.
Clause 108 read.
Mr Bell moved the following amendment.
Omit from subclause (1) paragraph (b)(ii) and insert in its stead the following:
"(ii) the reasonableness of the size of the area applied for, taking
into account -
(A) the number of people who reside or intend to reside on the
community living area;
(B) any estimates of population growth or decrease; and
(C) the need, if at all, for the inclusion of a reasonable area
as a buffer zone on which mining should not take place;".
Amendment negatived, after debate.
Clause 108 agreed to, after further debate.
Clauses 109 and 110, by leave, taken together and agreed to.
Clause 111 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (3) "subsection (3)" and insert in its stead "subsection (2)".
Clause 111, as amended, agreed to.
Clause 112 agreed to.
Clause 113 agreed to.
Clause 114 read.
On the motion of Mr Ortmann the following amendments were taken together, by leave, and agreed to -
Omit from subclause (2)(b) "Chief Magistrate" and insert in its stead "President";
Omit from subclause (2)(b) "for the particular appeal" and insert in its stead "for and during the
period of the particular appeal";
Omit from subclause (4) "subsection (1)(b)" and insert in its stead "subsection (2)(b)"; and
Omit subclause (5);
Clause 114, as amended, agreed to.
Clause 115 agreed to.
Clause 116 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (11) "but an order" and insert in its stead "or if a scale has not been
prescribed, then as if the proceedings were civil proceedings in the Supreme Court, but an order".
Clause 116, as amended, agreed to.
Clause 117 agreed to.
Clause 118 read.
On the motion of Mr Ortmann the following amendments, by leave, were taken together and agreed to, after debate -
Omit subclause (1) and insert in its stead the following:
"(1) A pastoral lessee who is dissatisfied with -
(a) a decision or action of the Board;
(b) a decision of the Minister or the Valuer-General on an
objection to a determination referred to in section 120(1); or
(c) a decision of the Minister under section 40, may, on the payment of the prescribed fee, appeal
to the Appeal Tribunal against the decision or action.";
Omit subclause (2) and insert in its stead the following:
"(2) An appeal under this section shall be instituted within 28 days after notification of the
decision to the pastoral lessee or the taking of the action, as the case may be.";
Insert after subclause (2) the following:
"(2A) On an appeal under subsection (1)(b) the appellant is limited to the grounds stated in the
objection."; and
Omit subclause (3) and insert in its stead the following:
"(3) On an appeal, the Appeal Tribunal shall review the matter the subject of the appeal and shall -
(a) confirm the decision or action;
(b) vary or revoke the decision or action; or
(c) substitute its own decision for that of the Board, Minister or
Valuer-General or direct that particular action be taken in lieu of the action the
subject of the appeal.
"(3A) The Board, Minister or Valuer-General, as the case may be, shall comply with a direction of the
Appeal Tribunal under subsection (3)(c).".
Clause 118, as amended, agreed to.
Clauses 119 and 120, by leave, taken together and agreed to.
Clause 121 negatived.
Clause 122 negatived.
Clause 123 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit "section 119(1)" and insert in its stead "section 120(1)".
Clause 123, as amended, agreed to.
On the motion of Mr Ortmann the following new clause was inserted in the Bill -
"123A. EFFECT OF NOTICE FORFEITING LEASE
"(1) A notice published in the Gazette in pursuance of section 35(10) or 40(4B) forfeiting a
lease -
(a) has the same effect as a re-entry and recovery of possession by or on
behalf of the Territory; and
(b) is conclusive evidence that the lease to which the notice relates
has been forfeited.
"(2) The Minister shall lodge with the Registrar-General a copy of each notice of the
forfeiture of a lease referred to in subsection (1).".
Clause 124 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit from subclause (1) "they relate" and insert in their stead "it relates".
Clause 124, as amended, agreed to.
Clauses 125 to 127, by leave, taken together and agreed to.
Clause 128 read.
On the motion of Mr Ortmann the following amendment was agreed to -
Omit paragraph (h) and insert in its stead the following:
"(h) providing for interest to be payable, and the rate and method of
calculating interest, on amounts due and payable under this Act, but unpaid, to the
Territory;".
On the motion of Mr Ortmann the following further amendment was agreed to -
Insert after paragraph (k) the following:
"(ka) for regulating persons on pastoral land in pursuance of Part 6 or
on or in perennial natural waters referred to in section 78(1), and relating to wilful
or negligent damage or degradation caused by such persons (including restoration and the
payment of compensation);".
Clause 128, as amended, agreed to.
Clauses 129 to 134, by leave, taken together and agreed to.
On the motion of Mr Ortmann the following new clause was added to the Bill -
"135. MINISTER'S OPINION IN RELATION TO HOLDINGS IN EXCESS OF
LIMIT AT COMMENCEMENT OF ACT
"If within 6 months after the commencement of this Act the Minister, on the application of a person
who would but for this section be in breach of section 34 in respect of land or an interest in land acquired
before that commencement, forms the opinion that the holding of that land or interest by the person is in
the interest of the Territory and advises the person, in writing, accordingly, section 34 applies to and in
relation to the land or interest as if the Minister were of that opinion at the time the land or interest
was acquired (and had advised the person, in writing, accordingly) and that section was then in force.".
Schedule read.
On the motion of Mr Ortmann the following amendments, by leave, were taken together and agreed to -
Omit "Angus Downs" and insert in its stead "Angas Downs";
Omit "Atula" and insert in its stead "Apiwentye";
Omit "Conniston" and insert in its stead "Coniston";
Omit "Dorisvale - PL756" and insert in its stead "Dorisvale - PL736";
Omit "Glen Helen - PL671" and insert in its stead "Glen Helen - PL681";
Omit "Jindare - PL663" and insert in its stead "Jindare - PL633";
Omit "Kalala - PL999" and insert in its stead "Kalala - PL699";
Insert after "Limbunya - PL873" the following:
"Lyndavale - PL993";
Omit "Mary River East" and insert in its stead "Mary River";
Omit "Robin Falls" and insert in its stead "Mount Bundy"; and
Omit "Wollongorang" and insert in its stead "Wollogorang".
Schedule, as amended, agreed to.
Title agreed to, after debate.
Bill to be reported with amendments, after debate.
(2.59 a.m.)
____________________
The Acting Speaker (Mr Collins) resumed the Chair; the Chairman (Mr Poole) reported accordingly; and the report
was adopted.
Mr Ortmann 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.
13. CROWN LANDS BILL 1991 (Serial 106):
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.
Leave refused: The Member for Macdonnell (Mr Bell) sought leave to continue his remarks at a later hour.
Objection being made, leave not granted.
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
(Deputy Chairman - Mr Collins)
(3.15 a.m.)
Clauses 1 to 12, by leave, taken together.
On the motion of the Minister for Lands and Housing (Mr Ortmann) the following amendments, by leave, were taken
together and agreed to, after debate -
Omit from clause 3 the definition of "planning instrument" and insert in its stead the following:
"'planning instrument' has the same meaning as in the Planning Act;";
Omit from clause 3 the definition of "Surveyor-General" and insert in its stead the
following:
"'Surveyor-General' has the same meaning as in the Licensed
Surveyors Act;";
Omit from clause 3 the definition of "The Valuer-General";
Add at the end of clause 3 the following:
"'Valuer-General' has the same meaning as in the Valuation
of Land Act;";
Omit from clause 7 subclause (1) "his powers" and insert in its stead "the Minister's powers";
Omit from clause 10(1) "his discretion" and insert in its stead "the Minister's discretion";
Omit from clause 12(2)(a) "estate or lease in" and insert in its stead "estate in, or lease of,";
Omit from clause 12(2)(b) "estate or lease in that" and insert in its stead "estate in, or lease of, the";
Omit from clause 12(3) "he may" and insert in its stead "the Minister may"; and
Omit from clause 12(5) "he or she" and insert in its stead "the Minister".
Clauses 1 to 12, as amended, agreed to.
Clause 13 read.
Mr Bell moved the following amendment -
Insert in subclause (1), after "Gazette, the words "and in a newspaper circulating in the area in
which the land is situated.".
Amendment negatived, after debate.
Clause 13 agreed to.
Clauses 14 to 93, by leave, taken together.
On the motion of Mr Ortmann the following amendments, by leave, were taken together and agreed to, after debate -
Omit from clause 19(1) "as he thinks fit" and insert in its stead "as the Minister thinks fit";
Insert after clause 19 the following:
"19A. RESERVATIONS RELATING TO ABORIGINAL COMMUNITY LIVING AREAS
"(1) There is reserved to the Territory in every grant effected by section 46(1A) of the Lands
Acquisition Act of an estate in fee simple to an association for the purposes of an Aboriginal community
living area such interests (including the reservation of easements and easements in gross) as are reasonably
necessary for the provision of essential services and facilities, being power (including gas), water,
sewerage, road or communication services and facilities, to or across the land comprising the grant
or access to any of them.
"(2) There is reserved to the Territory in every grant referred to in subsection (1) such interests
(including the reservation of easements and easements in gross) as are necessary to provide such services
(including the provision of health, education and police services) as are agreed on between the
association to which the grant is made, at any time after it is made, and the Minister.";
Omit from clause 22 "that is larger" and insert in its stead "greater";
Omit from clause 23(3) all words before paragraph (b) and insert in their stead the following:
"(3) Where the Minister enters into an agreement under subsection (1), the Minister may thereupon -
(a) grant the estate in fee simple in the land; or";
Omit from subclause 23(4) "shall, while it is not so subdivided, be" and insert in its stead "is, while it
is not so subdivided,";
Omit from clause 26(e) "that he" and insert in its stead "that the lessee";
Omit from clause 26(f) "by him or her may at any time, in" and insert in its stead "by the lessee at any
time, in the";
Omit from clause 26(h) "with condition" and insert in its stead "with a condition";
Omit clause 32 and insert the following new clause in its stead:
"32. ABANDONMENT OF RIGHT TO LEASE
"A person who has a right to be granted a lease may, at any time before the lease is granted, by
notice in writing to the Minister, and after paying all money, if any, due and payable in respect of the
right, abandon the right.";
Omit from clause 36(1)(c) "the Act" and insert in its stead "this Act";
Omit from clause 36(2)(d) "to take" and insert in its stead "notwithstanding any other law of the Territory,
to take";
Omit from clause 37(2) "he specifies" and insert in its stead "the Minister specifies";
Omit from clause 37(3) "his discretion" and insert in its stead "the Minister's discretion";
Omit from clause 37(3)(e) "if he" and insert in its stead "if the Minister";
Omit from clause 38(1) "he has caused notice of his" and insert in its stead "the Minister has caused notice
of his or her";
Omit from clause 38(3) "he wishes" and insert in its stead "the mortgagee wishes";
Omit from clause 40 "he thinks fit" and insert in its stead "the Minister thinks fit";
Omit from clause 41(1) "his lease" and insert in its stead "his or her lease";
Omit from clause 41(5)(a), (b) and (c) "if he" and insert in their stead "if he or she";
Omit from clause 41(7)(b) "given";
Omit from clause 42(1) "grant to him" and insert in its stead "grant to the person";
Omit from clause 42(5) "of his" and insert in its stead "of the Minister's";
Omit from clause 42(6)(a) and (c) "if he" and insert in their stead "if he or she";
Omit from clause 43(7) "The provisions of section" and insert in its stead "Section";
Omit from clause 43(8) "section 41(6)" and insert in its stead "section 42(6)";
Omit from clause 44(3) "the provisions of";
Omit from clause 46(2) "his";
Omit from clause 49(2) "this and section 50" and insert in its stead "this section and section 50";
Omit from clause 49(12)(b)(ii) "re-appraisal rental" and insert in its stead "re-appraisement of the rent";
Omit from clause 49(13) "re-appraised rental" and insert in its stead "re-appraised rent";
Omit from clause 55(5) "he reserves" and insert in its stead "the Minister reserves";
Omit from clause 57 "constituted under the Local Government Act";
Omit from clause 57 paragraph (b) "Crown Land" and insert in its stead "Crown lease";
Omit from clause 59(2) "the Schedule" and insert in its stead "Schedule 1";
Omit from clause 75(6) "under subsection (3)" and insert in its stead "referred to in subsection (5)";
Omit from clause 78(1) "as he thinks fit" and insert in its stead "as the Minister thinks fit";
Omit from clause 78(9)(f) "exposal" and insert in its stead "display";
Omit from clause 78(11)(b) "the provisions of the by-law prevail" and insert in its stead "the by-law
prevails";
Omit from clause 84(5) ", as the case may be,";
Omit from clause 86(1)(b) "his decision" and insert in its stead "the Minister's decision";
Omit from clause 87(2)(d) "native";
Omit from clause 90(3)(b) "of reserved lands" and insert in its stead "reserved lands";
Omit from clause 90(3)(b) "section 72" and insert in its stead "section 75";
Omit from clause 90(3)(c) "native"; and
Omit from clause 91(1) "sub-paragraph (iv), (x) or (xiv) of section 75(1)(a)" and insert in its stead
"section 75(1)(a)(iv), (x) or (xiv)".
Clauses 14 to 93, as amended, agreed to.
Mr Bell moved - That the following proposed new clause be inserted in the Bill -
"93A. EXCLUSION OF ABORIGINAL LIVING AREAS
"(1) In this section 'land to which this section applies' means land the subject of a lease in a
pastoral district declared under section 8 of the Pastoral Land Act, other than such land, not exceeding
10 square kilometres, as is prescribed.
"(2) Part 8 of the Pastoral Land Act, with the necessary changes, applies to and in relation to land
to which this section applies as if the land were the subject of a pastoral lease under that Act.
"(3) The Living Areas Tribunal, within the meaning of Part 8 of the Pastoral Land Act, and the Minister
have all the powers and functions in relation to an application for the excision from land to which this
section applies of an area as a community living area as it, he or she has in relation to an application
under section 100 of the Pastoral Land Act.
Debate ensued.
Mr Bell, by leave, amended the amendment as follows -
Omit from proposed subclause 3,
"he or she" and insert "the Minister".
Amendment as amended, negatived, after debate.
Remainder of the Bill, by leave, taken as a whole.
On the motion of Mr Ortmann the following amendments, by leave, were taken together and agreed to -
Omit clause 101;
Omit from clause 104(a) "is a prima facie" and insert in its stead "is prima facie";
Omit from clause 108(1) "appointments" and insert in its stead "appointments (other than appointments as
members of the Land Board of the Northern Territory),"; and
SCHEDULE 2
Omit the following:
"Crown Lands Amendment Act No.59, 1980 (No. 3) 1980 as amended by
Regulations 1980, No. 54".
Remainder of the Bill, as amended, agreed to.
Bill to be reported with amendments.
____________________
The Acting Speaker (Mr Collins) resumed the Chair; the Chairman (Mr Poole) reported accordingly; and the report was
adopted.
The Minister for Lands and Housing (Mr Ortmann) 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.
14. ADJOURNMENT:
The Minister for Primary Industry and Fisheries (Mr Reed) moved - That the Assembly do now adjourn.
Debate ensued.
Question - put and passed.
The Assembly adjourned at 4.34 a.m. until today at 10.00 a.m.
====================
PAPERS:
The following Papers were deemed to have been tabled on 4 March 1992:
Annual Reports:
Department of Health and Community Services, 1990-91
Juvenile Justice Act, 1991
Museums and Art Galleries Board, 1990-91.
====================
ATTENDANCE:
All Members attended the sitting except Mr Vale, on leave.
Last updated: 04 Aug 2016