Minutes of Proceedings - 2014-02-20
1. MEETING
The Assembly met at 10am. The Speaker, the Honourable Kezia Purick took the Chair.
2. LEAVE OF ABSENCE – MOTION AGREED TO
Mr Elferink (Leader of Government Business) moved – That leave of absence for 18 – 20 March 2014 be granted to Ms Finocchiaro (Member for Drysdale) on account of personal matters.
Question – put and passed.
3. LEAVE OF ABSENCE – MOTION AGREED TO
Ms Lawrie (Leader of the Opposition) moved – That leave of absence for today be granted to Mr Gunner (Member for Fannie Bay) on account of attending a funeral.
Question – put and passed.
4. QUESTIONS
Mr Elferink (Leader of Government Business) moved – That leave of absence for the Member for Drysdale agreed to earlier today, be amended –
The Assembly met at 10am. The Speaker, the Honourable Kezia Purick took the Chair.
2. LEAVE OF ABSENCE – MOTION AGREED TO
Mr Elferink (Leader of Government Business) moved – That leave of absence for 18 – 20 March 2014 be granted to Ms Finocchiaro (Member for Drysdale) on account of personal matters.
Question – put and passed.
3. LEAVE OF ABSENCE – MOTION AGREED TO
Ms Lawrie (Leader of the Opposition) moved – That leave of absence for today be granted to Mr Gunner (Member for Fannie Bay) on account of attending a funeral.
Question – put and passed.
4. QUESTIONS
- 10.01 Ms Lawrie to Chief Minister
10.06 Mr Kurrupuwu to Minister for Lands, Planning and the Environment
10.10 Ms Walker to Chief Minister
10.12 Mr Wood to Treasurer
10.16 Ms Finocchiaro to Minister for Health
10.19 Mr Vowles to Minister for Community Services (referred to Treasurer)
10.24 Mr Higgins to Minister for Housing
10.28 Ms Manison to Chief Minister
10.29 Ms Lee to Minister for Community Services
10.34 Ms Fyles to Minister for Public Employment
10.38 Ms Finocchiaro to Minister for Police, Fire and Emergency Services
10.41 Mr Wood to Minister for Lands, Planning and the Environment
10.45 Mr Vatskalis to Minister for Tourism
10.48 Mr Higgins to Minister for Lands, Planning and the Environment
10.50 Mr Vowles to Chief Minister
10.54 Ms Finocchiaro to Chief Minister
Mr Elferink (Leader of Government Business) asked that further questions be placed on the Written Question Paper.
- Mr Elferink (Attorney-General and Minister for Justice), pursuant to notice, presented a Bill for an Act to amend the Acts administered by the Attorney-General and Minister for Justice and Minister for Correctional Services.
Bill read a first time.
Mr Elferink moved - That the Bill be now read a second time.
Debate ensued.
Paper Tabled: Mr Elferink laid upon the Table the Explanatory Statement (Paper 745).
On the motion of Ms Fyles (Member for Nightcliff) debate was adjourned.
- Resumption of debate on the question - That the Bill be now read a second time.
Debate resumed.
Debate suspended.
Mr Elferink (Leader of Government Business) moved – That leave of absence for the Member for Drysdale agreed to earlier today, be amended –
- omit
18 – 20 March 2014
insert
the March sitting period
Question – put and passed
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Suspension of sittings: The sitting of the Assembly was suspended between 12 noon and 2.00pm.
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- Mr Higgins (Member for Daly) by leave, presented Petition No. 34 from 132 petitioners, not conforming with Standing Orders relating to the Regional Authority for Nauiyu Community (Paper 746).
Petition read.
- Resumption of debate, suspended earlier this day, 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 detail.
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In Committee
In Committee
Mr Higgins (Chair of Committees) took the Chair.
Clauses 1 to 4 taken together and agreed to.
Clause 5 read.
Mr Chandler (Minister for Lands, Planning and the Environment) moved the following amendment to clause 5 -
Clause 5(2), proposed section 4(6)
omit
30D(9)
insert
30D(6)(b)
Amendment agreed to.
Clause 5 as amended agreed to.
Clause 6 read.
Mr Wood (Member for Nelson) moved the following amendment to clause 6 –
- Clause 6, proposed section 30A
omit
may
insert
must
Mr Chandler moved the following amendment to clause 6 -
- Clause 6, after proposed section 30C(4)(i)
insert
(j) for the development of land proposed to be the scheme land of a proposed or existing scheme, or the development of existing scheme land – a plan in the approved form specifying:
- (i) information about any building that is, or will be, situated on the scheme land (including, for example, information about the structural integrity and fire safety of the building); and
- (ii) if any part of the development is subject to changes that are allowed by regulation – details about that part as required by regulation; and
(iii) any other information prescribed by regulation about the development.
Mr Chandler moved the following amendment to clause 6 -
Clause 6, proposed section 30D(6) to (9)
omit, insert
(6) If the Minister makes a decision under subsection (5)(a), the Minister must:
- (a) give the applicant a written notice of the decision that specifies the exhibition period for the concurrent application; and
(b) if a Division of the Development Consent Authority has not been established for the area of land to which the concurrent application relates – appoint a person, a Division or another body to be the consent authority for the concurrent application; and
(c) give the consent authority a copy of:
- (i) the notice of the decision; and
(ii) the concurrent application; and
(iii) any significant development report given to the Minister as requested under subsection (3).
(7) If the Minister makes a decision under subsection (5)(b):
- (a) the decision has the effect that the concurrent application lapses; and
(b) the Minister must give the applicant a written notice of the decision that includes:
- (i) the reasons for the refusal to amend the planning scheme; and
(ii) a statement that the concurrent application has lapsed.
Amendment agreed to.
Mr Chandler moved the following amendment to clause 6 -
- Clause 6, proposed section 30P(1)
omit
all words from "after" to "must"
insert
after the end of the exhibition period and (if applicable) after completing procedures
- Amendment agreed to.
Mr Chandler moved the following amendment to clause 6 -
- Clause 6, proposed section 30P(2)(c)
omit
30D(7)(b)(iii)
insert
30D(6)(c)(iii)
Mr Chandler moved the following amendment to clause 6 -
- Clause 6, proposed section 30P(2)(g)
omit
85(1)
insert
30ZC(1)
Amendment agreed to.
Mr Chandler moved the following amendment to clause 6 -
- Clause 6, proposed section 30R(1), note
omit
30T(2)(b)
insert
30T(2) and (3)
Amendment agreed to.
Mr Chandler moved the following amendment to clause 6 -
- Clause 6, proposed section 30T(1)
omit
all words after "proposal"
Amendment agreed to.
Mr Chandler moved the following amendment to clause 6 -
- Clause 6, proposed section 30T(2)
omit
makes a decision under subsection (1)
insert
decides to alter the substance of the amendment proposal and is satisfied the alteration is extensive or significant
Amendment agreed to.
Mr Chandler moved the following amendment to clause 6 -
- Clause 6, proposed section 30T(2)
insert
(3) If the Minister decides to alter the amendment proposal and is satisfied the alteration is not extensive or significant, or is merely to the format or style of the proposal, the Minister must make the amendment decision as soon as practicable after making the alteration.
Amendment agreed to.
Mr Chandler moved the following amendment to clause 6 -
- Clause 6, proposed section 30W, heading
omit, insert
30W Determination of development proposal
Mr Chandler moved the following amendment to clause 6 -
- Clause 6, proposed section 30X, heading
omit, insert
30X Notice of determination to consent
Mr Chandler moved the following amendment to clause 6 -
- Clause 6, proposed section 30Y, heading
omit
all words after "consent"
Mr Chandler moved the following amendment to clause 6 -
- Clause 6, proposed section 30Y(5)
omit
determination
insert
consent
Amendment agreed to.
Mr Chandler moved the following amendment to clause 6 -
- Clause 6, proposed section 30Z, heading
omit
all words after "refusal"
Mr Chandler moved the following amendment to clause 6 -
- Clause 6, after proposed section 30ZB
insert
Division 6 Other matters
30ZC Minister may direct consent authority
- (1) The Minister may direct the consent authority generally in relation to a matter under this Part other than:
- (a) the making of a preliminary decision about a particular development proposal in a concurrent application; or
(b) the determination of a particular development proposal in a concurrent application.
(2) In the performance of its functions and exercise of its powers under this Part, the consent authority is subject to a direction under subsection (1).
- Amendment agreed to.
Clause 6 as amended agreed to.
- Schedule, item relating to section 16(3)
omit
Amendment agreed to.
Schedule
- Insert (in numerical order)
section 28(2) Gazette newspaper
section 40(6) all words from "give" to "section" publish a notice of a decision
- made under this section in a newspaper circulating in the Territory or in an area to which the decision relates
Schedule as amended agreed to.
Bill to be reported with amendments.
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The Assembly resumed; the Speaker took the Chair; Mr Higgins reported that the Committee had agreed to the Bill with amendments.
Madam Speaker put the question - That the Report be adopted.
Motion agreed to.
Mr Chandler (Minister for Planning) moved - That the Bill be read a third time.
Debate ensued.
Question – put and passed.
The Bill was read a third time and passed to be a proposed law.
- Mr Elferink (Attorney-General) moved – That an amendment to the Second Reading of the Criminal Code Amendment (Identity Crime) Bill 2014 (Serial 68) be made.
Debate ensued.
Question – put and passed.
- 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 detail.
_________________
In Committee
In Committee
Mr Higgins (Chair of Committees) took the Chair.
Bill taken as a whole and agreed to.
Bill to be reported.
_________________
The Assembly resumed; the Speaker took the Chair; Mr Higgins reported that the Committee had agreed to the Bill.
Madam Speaker put the question - That the Report be adopted.
Motion agreed to.
On the motion of Mr Elferink (Attorney-General and Minister for Justice), the Bill was read a third time and was passed to be a proposed law.
- Mr Chandler (Minister for Lands, Planning and the Environment) made a statement regarding planning within the Northern Territory.
Mr Chandler moved – That the Assembly take note of the Statement.
Debate ensued.
Quorum: Mr Vowles (Member for Johnston) drew the attention of the Speaker to the state of the Assembly. The Bells were rung and a Quorum was obtained.
Debate resumed.
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Visitor: The Speaker advised Honourable Members of the presence in the gallery of Honourable Jane Aagaard, former Member for Nightcliff.
On behalf of all Members the Speaker extended a warm welcome to the visitor.
_________________
Debate resumed.
Debate adjourned.
- Mr Westra van Holthe (Minister for Primary Industry and Fisheries) moved - That the Assembly do now adjourn.
Debate ensued.
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Mr Mills (Member for Blain) announced his retirement.
Madam Speaker allowed Members to make a further five minute contribution to the debate regarding Mr Mills’ retirement.
_________________
Debate continued.
Paper Tabled: Ms Fyles (Member for Nightcliff) laid upon the Table - Email, from Mr Gary Nairn, Northern Territory Planning Commission, to Ms Natasha Fyles, Member for Nightcliff, re: Nightcliff Island Community Meeting, dated 19 February 2014 and email dated 5 February 2014 (Paper 752).
Debate resumed.
And the Assembly adjourned at 7.35pm until Tuesday, 18 March 2014 at 10.00am.
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PAPERS
The following papers were deemed to have been Tabled on 20 February 2014 –
Gaming Control Act:
Licence for Conducting Mail Order Lottery Business, Agreement pursuant to section 46C Gaming Control Act, between The Northern Territory of Australia and CMS PTY LTD, dated 20 December 2013 (Paper 747).
Financial Management Act:
Authorisation - Issue of Increased Funds available from the Commonwealth, pursuant to section 19A(1), dated 5 February 2014 (Paper 748).
Direction - Transfer of Excess Appropriations, pursuant to section 20(1), dated 5 February 2014 (Paper 749).
Determination - Proportions of Appropriations to be transferred after redistribution of Business, pursuant to section 21(1), dated 5 February 2014 (Paper 750).
Report:
Health and Community Services Complaints Commission, Investigation Report, Investigation into complaint by North Australian Aboriginal Justice Agency about the care provided to Ms N by Department of Health and Community Services, the Public Guardian and Council, dated 27 June 2013 (Paper 751).
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ATTENDANCE
All Members attended the sittings, except Mr Gunner (on leave).
Michael Tatham
Clerk of the Legislative Assembly
Last updated: 04 Aug 2016