Department of the Legislative Assembly, Northern Territory Government

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
      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.
5. JUSTICE AND OTHER LEGISLATION AMENDMENT BILL 2014 (SERIAL 69)
      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.
6. PLANNING AMENDMENT (CONCURRENT APPLICATIONS) BILL 2013 (SERIAL 59)
      Resumption of debate on the question - That the Bill be now read a second time.

      Debate resumed.

      Debate suspended.
7. AMENDMENT TO LEAVE OF ABSENCE – MOTION AGREED TO
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
      _________________


      Suspension of sittings: The sitting of the Assembly was suspended between 12 noon and 2.00pm.

      _________________
8. PETITIONS
      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.
9. PLANNING AMENDMENT (CONCURRENT APPLICATIONS) BILL 2013 (SERIAL 59) – BILL AGREED TO
      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.
      _________________

      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
      Amendment agreed to.

      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.
      Amendment agreed to.

      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)
        Amendment agreed to.

        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
        Amendment agreed to.

        Mr Chandler moved the following amendment to clause 6 -
          Clause 6, proposed section 30X, heading

          omit, insert

          30X Notice of determination to consent
        Amendment agreed to.

        Mr Chandler moved the following amendment to clause 6 -
          Clause 6, proposed section 30Y, heading

          omit

          all words after "consent"
        Amendment agreed to.

        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"
        Amendment agreed to.

        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.
          Clauses 7 to 13 taken together and agreed to.
            Schedule read.
              Mr Chandler moved the following amendment to the Schedule -
                Schedule, item relating to section 16(3)

                omit

              Amendment agreed to.
                Mr Chandler moved the following amendment to the Schedule -

                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
                  section 53A, heading after "determination"
                Amendment agreed to.

                Schedule as amended agreed to.
                  Remainder of the Bill taken as a whole and agreed to.

                  Bill to be reported with amendments.
                  _________________

                  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.
              10. AMENDMENT TO SECOND READING SPEECH – MOTION AGREED TO
                  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.
              11. CRIMINAL CODE AMENDMENT (HIT AND RUN) BILL 2013 (SERIAL 57) – BILL AGREED TO
                  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

                  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.
              12. MINISTERIAL STATEMENT – PLANNING SERVICES – MOTION TO NOTE
                  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.
                  _________________

                  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.
              13. ADJOURNMENT
                  Mr Westra van Holthe (Minister for Primary Industry and Fisheries) moved - That the Assembly do now adjourn.

                  Debate ensued.
                  _________________

                  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.
                  ______________________

                  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).
                  ______________________

                  ATTENDANCE
                  All Members attended the sittings, except Mr Gunner (on leave).

                  Michael Tatham
                  Clerk of the Legislative Assembly
              Last updated: 04 Aug 2016