Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 2005-02-15

1. MEETING:
      The Assembly met at 4pm, pursuant to resolution of the Assembly dated 10 February 2005. The Speaker, the Honourable L. M. Braham, took the Chair.

2. PRAYERS.

3. MESSAGES FROM ADMINISTRATOR:
Message No. 28
    Assent to Proposed Laws

        I, EDWARD JOSEPH EGAN, AO the Administrator of the Northern Territory of Australia, advise the Legislative Assembly of, pursuant to section 7 of the Northern Territory (Self-Government Act) 1978 of the Commonwealth, the assent to the following proposed laws:
          3 December 2004
              Petroleum (Submerged Lands) Amendment Act 2004 (No. 62 of 2004)

          9 December 2004
              Work Health Amendment Act 2004 (No. 63 of 2004)

          21 December 2004
              AustralAsia Railway (Special Provisions) Amendment Act 2004 (No. 64 of 2004)
              Building Amendment Act 2004 (No. 65 of 2004)
              Construction Contracts (Security of Payments) Act 2004 (No. 66 of 2004)
              Gene Technology (Northern Territory) Act 2004 (No. 67 of 2004)
              Legislative Assembly Members’ Superannuation Amendment (Scheme Closure) Act 2004 (No. 68 of 2004)
              Legislative Assembly Members’ Superannuation Contributions Act 2004
                  (No. 69 of 2004)
              Place Names Amendment Act 2004 (No. 70 of 2004)
              Professional Standards Act 2004 (No. 71 of 2004)
              Superannuation Amendment Act 2004 (No. 72 of 2004)
          14 January 2005
              Sentencing Amendment (Aboriginal Customary Law) Act 2004 (No. 1 of 2005)

          Dated 11th day of February 2005.


          E J Egan
          Administrator (Paper 1627)
      4. QUESTIONS:
          4.01pm Mr Burke to Ms Martin.
          4.03pm Mr Kiely to Mr Stirling.
          4.06pm Mr Burke to Ms Martin.
          4.08pm Mr Bonson to Mr Stirling.
          4.11pm Mr Burke to Ms Martin.
          4.12pm Ms Lawrie to Ms Scrymgour.
          4.14pm Mr Wood to Dr Toyne.
          4.18pm Mr Burke to Ms Martin.
          4.23pm Mrs Aagaard to Mr Henderson.
          4.26pm Mr Burke to Ms Martin.
          4.28pm Mr McAdam to Ms Martin.
          4.31pm Mr Burke to Ms Martin.
          4.35pm Ms Lawrie to Dr Toyne.
          4.37pm Mr Burke to Ms Martin.
          4.41pm Mr Kiely to Mr Vatskalis.
          4.45pm Mr Wood to Dr Toyne.
          4.47pm Mr Burke to Ms Martin.
          4.49pm Mr Bonson to Mr Ah Kit.
          4.54pm Mr Burke to Ms Martin.
          4.57pm Mr McAdam to Dr Toyne.
          4.59pm Mr Burke to Ms Martin, referred to Dr Burns.

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

      5. RESIDENTIAL TENANCIES AMENDMENT BILL 2004 (Serial 261):
          The Order of the Day having been read for the resumption of debate on the question - That the Bill be now read a second time -
          Debate resumed.
          Question - put and passed.
          Bill read a second time.
          Leave granted for a motion for the third reading of the Bill to be moved forthwith.
          The Minister for Justice and Attorney-General (Dr Toyne) 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.
      6. PLANNING AMENDMENT BILL 2004 (Serial 275):
          The Order of the Day having been read for the resumption of debate on the question - That the Bill be now read a second time -
          Debate resumed.
          Question - put and passed.
          Bill read a second time.
          The Assembly resolved itself into Committee of the Whole for consideration of the Bill.
          _____________________
          In Committee
          (Deputy Chair - Ms Lawrie)

          Clauses 1 to 4, by leave, taken together and agreed to, after debate.
          Clause 5 read.
          On the motion of the Minister for Lands and Planning (Dr Burns) the following amendment was agreed to, after debate -
          In subclause (2), definition of "alteration permit", omit "granted" and insert in its stead "issued".

          Clause 5, as amended, agreed to.
          Clause 6 agreed to.
          Clause7 read.
          On the motion of Dr Burns the following amendment was agreed to, after debate -
          Omit proposed section 19(1) and (2) and insert in their stead -

          "(1) If a proposal relates to land partly or entirely within a council area, the Minister must give the local authority for the council area written notice of the proposal.".

          Clause 7, as amended, agreed to.
          Clause 8 read.
          Debate ensued.
          On the motion of Dr Burns, by leave, the following amendments were taken together and agreed to, after debate -

          Omit from proposed section 35(1) – all the words after "provision".

          Omit from proposed section 35(2) – "to which this section refers".

          Omit from proposed section 35(3) – "referred to in subsection (1)" and insert in its stead "that relates to existing works".

          Omit from proposed section 43A(1) – "the grant of".

          Clause 8, as amended, agreed to.
          Clauses 9 to 15, by leave, taken together and agreed to, after debate.
          Clause 16 read.
          Debate ensued.
          Clause 16, as printed, agreed to.
          Clauses 17 to 20, by leave, taken together and agreed to.
          Clause 21 read.
          Debate ensued.
          Clause 21, as printed, agreed to.
          Clauses 22 to 24, by leave, taken together and agreed to.
          Clause 25 read.
          On the motion of Dr Burns the following amendment was agreed to, after debate -
          In subclause (5), proposed section 81(2), omit "prima facie".

          Clause 25, as amended, agreed to.
          Clause 26 read.
          Debate ensued.
          Clause 26, as printed, agreed to.
          Clauses 27 and 28, by leave, taken together, and agreed to.
          Clause 29 read.
          On the motion of Dr Burns the following amendment was agreed to, after debate -

          In proposed section 112(3) –
          Omit the words "after the expiry of 12 weeks after the person made the relevant application and".

          Clause 29, as amended, agreed to.
          Clauses 30 to 32, by leave, taken as a whole and agreed to, after debate.
          Clause 33 read.
          Debate ensued.
          Mr Wood moved as amendment that section 117(4) of the Principal Act be omitted.
          Amendment negatived.

          Mr Wood moved the following amendment to insert a new subsection 123(8) to the Principal Act -
              "(8) Any objector to the original application shall be notified of mediation process and can apply to the mediator to attend the mediation process".

          Amendment negatived.
          Mr Wood moved the following amendment to insert a new subsection 123(9) to the Principal Act -
              "(9) Any decision made under section 123(8) is not appealable".

          Amendment negatived.
          Clause 33, as printed, agreed to.
          Remainder of the Bill, by leave, taken as a whole and agreed to.
          Bill to be reported with amendments.
          _____________

          The Assembly resumed; the Speaker (Mrs Braham) resumed the Chair; the Deputy Chair (Ms Lawrie) reported the Bill with amendments.
          And the Report was adopted.
          On the motion of the Minister for Lands and Planning (Dr Burns) the Bill was read a third time and passed to be a proposed law.
      7. AUDITOR-GENERAL'S FEBRUARY 2005 REPORT TO THE LEGISLATIVE ASSEMBLY - PAPER TABLED - PRINT - MOTION TO NOTE REPORT:
          The Speaker laid on the Table the Auditor-General's February 2005 Report to the Legislative Assembly (Paper 1629).
          The Chief Minister (Ms Martin) moved - That the Report be printed.
          Question - put and passed.
          Ms Martin moved - That the Assembly take note of the Report and that leave be granted to continue her remarks at a later hour.
          Leave granted - Debate adjourned.
      8. OMBUDSMAN ANNUAL REPORT 2003/2004 - MOTION TO NOTE REPORT:
          The Chief Minister (Ms Martin) laid on the Table the Annual Report of the Ombudsman 2003/2004 (Paper 1630).
          Ms Martin moved - That the Report be printed.
          Question - put and passed.
          Ms Martin moved - That the Assembly take note of the report.
          Debate ensued.
          On the motion of the Leader of the Opposition (Mr Burke) debate was adjourned.
      9. AUSTRALASIA TRADE ROUTE DEVELOPMENT - MINISTERIAL STATEMENT - STATEMENT NOTED:
          The Chief Minister (Ms Martin) made a statement relating to the development of the AustralAsia Trade Route through the Territory and output shipping tonnage growth through the East Arm Port precinct and to Asia.
          Ms Martin moved - That the Assembly take note of the Statement.
          Debate ensued.
          Paper tabled: Ms Martin laid on the Table the following Paper -
      Growing Our Trade Route, A Strategy for New Transport and Trade Links (Paper 1631).

          Debate ensued.
          Question - put and passed.

      10. ADJOURNMENT:
          The Chief Minister (Ms Martin) moved – That the Assembly do now adjourn.
          Debate ensued.
          Papers tabled: The Member for Greatorex (Dr Lim), by leave, laid on the Table the following Papers -
      Emails, Dr Hamilton to Dr Butcher and Alice Springs Hospital Staff, dated 28 January 2005 and article - Centralian Advocate, Tuesday 15 February 2004 (Paper 1632).
      _________________
      And the Assembly having sat until 12 Midnight.
      _________________

      Debate continued.
      Question – put and passed.
      And the Assembly adjourned at 00.27am, until today at 10am.
      –––––––––––––––––
          PAPERS:
          The following Papers were deemed to have been presented on Tuesday, 15 February 2005 –

          Annual Report:
          National Environment Protection Council, 2003/2004 (Paper 1628)
      –––––––––––––––––
          ATTENDANCE:
          All Members attended the sitting.
      Last updated: 04 Aug 2016