Minutes of Proceedings - 2010-08-18
- 1. MEETING:
- The Assembly met at 10am. The Speaker, the Honourable J. L. Aagaard, took the Chair.
2. PRAYERS.
3. VISITORS:
- The Speaker advised Members of the presence in the public galleries of Kormilda College, Year 7 students accompanied by Miss Michele Jones and Ms Joanne Forest.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
- The Member for Braitling (Mr Giles) presented Petition No. 42 from 142 petitioners relating to the construction of the Telstra Telecommunications facility at Lot 8090 Larapinta Drive, Alice Springs and that all endeavour be made by the Legislative Assembly to have the project stopped (Paper 952).
Petition read.
The Member for Katherine (Mr Westra van Holthe) presented Petition No. 41 from 605 petitioners requesting a Heavy Vehicle Diversion beside the Railway Terrace Precinct in the Katherine CBD and that all endeavour be made by the Legislative Assembly to have the project stopped (Paper 951).
Petition read.
Responses: The Clerk, pursuant to Standing Order 100A, tabled a response to Petition No. 30 relating to Second Development application lodged for Woolianna Road, Daly River for construction of 72 units (Paper 953).
- The Minister for Justice and Attorney-General (Ms Lawrie), pursuant to notice, presented a Bill for an Act to amend the Territory Insurance Office Act and other legislation relating to the Territory’s motor accident compensation scheme.
Bill read a first time.
Ms Lawrie moved – That the Bill be now read a second time.
Debate ensued.
Paper tabled: Ms Lawrie laid on the Table the following Paper –
On the motion of the Member for Port Darwin (Mr Elferink) debate was adjourned.
- The Minister for Justice and Attorney-General (Ms Lawrie), pursuant to notice, presented a Bill for an Act amend the Criminal Code.
Bill read a first time.
Ms Lawrie moved – That the Bill be now read a second time.
Debate ensued.
Paper tabled: Ms Lawrie laid on the Table the following Paper –
On the motion of the Member for Araluen (Ms Carney) debate was adjourned.
- The Order of the Day having been read for the resumption of debate on the question – That the Bill be now read a second a time –
Debate resumed.
Debate suspended.
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Suspension of sittings: The sittings of the Assembly was suspended between 12 Noon and 2.00pm.
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8. NOTICES
- The following Notice was given –
Ms Lawrie: To present the Penalties Amendment (Justice and Treasury Legislation) Bill 2010 (Serial 124).
- The Member for Macdonnell (Ms Anderson), by leave, moved – That the Assembly discharge General Business, Orders of the Day, Item No. 6 relating to a motion to establish a Territory Indigenous Expenditure Review Committee.
Question – put and passed.
- 2.01pm Mr Mills to Mr Henderson.
2.04pm Ms Walker to Mr Henderson.
2.07pm Mr Elferink to Mr Henderson.
2.09pm Mr Gunner to Ms Lawrie.
2.13pm Mr Chandler to Mr Henderson.
Visitors: The Speaker advised Members of the presence in the public galleries of Tennant Creek High, Year 7 and 8 School students accompanied by Ms Lisa Carroll, Mr Liam toner, Mr Alan Kassman.
On behalf of all Members the Speaker extended a warm welcome to the visitors.
2.17pm Ms Anderson to Mr Vatskalis.
2.19pm Ms Scrymgour to Mr Vatskalis.
2.22pm Mr Westra van Holthe to Mr Henderson.
2.27pm Ms Walker to Dr Burns.
2.30pm Ms Anderson to Dr Burns referred to Ms Lawrie.
2.32pm Mr Styles to Mr Henderson.
2.37pm Mr Gunner to Mr Hampton.
2.40pm Mr Styles to Mr Henderson.
2.45pm Mr Wood to Mr Vatskalis.
2.46pm Ms Scrymgour to Ms McCarthy.
2.50pm Mr Elferink to Mr Henderson.
2.51pm Ms Walker to Mr Knight.
2.54pm Mr Chandler to Mr Henderson.
The Leader of Government Business (Dr Burns) asked that further questions be placed on the Written Question Paper.
- The Order of the Day having been read for the resumption of debate, suspended earlier this day, on the question – That the Bill be now read a second a time –
Debate resumed.
Paper tabled: Mr Vatskalis laid on the Table the following Paper –
Question – put and passed.
Bill read a second time.
The Assembly resolved itself into Committee of the Whole for consideration of the Bill.
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In Committee
(Chair of Committees and Deputy Speaker – Ms Walker in the Chair)
In Committee
(Chair of Committees and Deputy Speaker – Ms Walker in the Chair)
Clauses 1 to 7, by leave, taken together and agreed to.
Clause 8 read.
On the motion of the Minister for Primary Industry, Fisheries and Resources (Mr Vatskalis) the following amendment was agreed to, after debate -
Clause 8, definition mineral lease
- omit
On the motion of Mr Vatskalis the following further amendment was agreed to, after debate –
Insert (in alphabetical order) -
mineral lease, see section 40(1).
tourist fossicking means a commercial venture that:
(a) is conducted by the holder of a mineral lease; and
(b) offers fossicking as an activity that may be conducted by individuals in the title area of the mineral lease.
Clause 8, as amended, agreed to.
Clauses 9 and 10, by leave, taken together and agreed to.
Clause 11 read.
On the motion of Mr Vatskalis the following amendment was agreed to, after debate -
Clause 11(3)(c)
omit
40(1)(b)(i) or (ii)
substitute
40(1)(b)(i), (ii) or (iii)
Clause 11, as amended, agreed to.
Clauses 12 to 39, by leave, taken together and agreed to.
Clause 40 read.
On the motion of Mr Vatskalis the following amendment was agreed to, after debate -
Clause 40(1)(b)(i) -
- omit
44
substitute
- 44(1) and (2)
On the motion of Mr Vatskalis the following further amendment was agreed to, after debate -
Clause 40(1)(b)(ii)
- omit
plant).
substitute
plant); or
After clause 40(1)(b)(ii) -
insert
- (iii) conduct tourist fossicking in the title area and the activity specified in section 44(3).
Clauses 41 to 43, by leave, taken together and agreed to.
Clause 44 read.
On the motion of Mr Vatskalis the following amendment was agreed to, after debate -
Clause 44(2)(b)
omit, substitute
(b) tourist fossicking;
On the motion of Mr Vatskalis the following further amendment was agreed to, after debate -
After clause 44(2)
- insert
- (3) An ML that gives the title holder the right to conduct tourist fossicking also gives the title holder the right to use mechanical equipment in association with the fossicking conducted under the ML.
- Example for subsection (3)
Equipment to dig an area of soil to facilitate the fossicking.
Clause 44, as amended, agreed to.
Clauses 45 to 82, by leave, taken together and agreed to, after debate.
Clause 83 read.
Clause 83 negative, after debate.
New Clause 83.
On the motion of Mr Vatskalis the following new clause was inserted in the Bill, after debate.
After Clause 82 -
- insert
(1) The holder of a mineral title has a right of access to the title area by the shortest practicable route from any of the following:
- (a) a council road or Territory road;
(b) a railway line;
(c) an airstrip;
(d) the sea or a waterway.
- (a) enter land to construct or maintain a road, and do other work, to enable the title holder to have access to the title area; and
(b) use the assistance of any persons, and the vehicles and equipment necessary, to do the work mentioned in paragraph (a).
Clause 110 read.
On the motion of Mr Vatskalis the following amendment was agreed to, after debate -
After clause 110(3) -
- insert
- (a) the parties may agree on the appointment of a mediator; or
(b) if the parties cannot agree on a mediator – either party may apply to the Tribunal for the appointment of a mediator under section 36 of the Lands, Planning and Mining Tribunal Act.
Clause 110, as amended, agreed to.
Clause 111 agreed to.
Clause 112 read.
On the motion of Mr Vatskalis the following amendment was agreed to, after debate -
Clause 112(3) to (6) -
- omit, substitute
- (a) a description of the land to be reserved;
(b) the day on which the reservation will take effect;
(c) the reason for the reservation.
(5) Before revoking the reservation of all or part of the special reserved land, the Minister must:
- (a) give notice, in a newspaper circulating in the locality of the special reserved land, of the intention to revoke the reservation; and
(b) include the following information in the notice:
- (i) a description of the land to which the intended revocation relates;
(ii) the reason for the intended revocation;
(iii) the period, of not less than 30 days after publication of the notice, within which persons may make written submissions to the Minister about the intended revocation;
(iv) the address where submissions may be given to the Minister; and
- (a) after taking into account:
- (i) the reason for the reservation; and
(ii) any submissions received within the period mentioned in subsection (5)(b)(iii); and
Clause 112, as amended, agreed to.
Clause 113 read.
On the motion of Mr Vatskalis the following amendment was agreed to, after debate –
Clause 113(3)(c) -
- omit, substitute
(c) the reason for the reservation;
After Clause 113(3)(e) -
- insert
(f) if the Minister considers it appropriate – the period within which the Minister will review the reservation;
(g) if the Minister considers it appropriate, taking into account the reason for the reservation – a statement that notice must be given in a newspaper circulating in the locality of the general reserved land if the Minister intends to:
(i) vary any details or conditions of the reservation mentioned in paragraph (d) or (e); or
(ii) revoke the reservation for all or part of the general reserved land.
Clause 113(4), (5) and (6) -
- omit, substitute
(4) The Minister may vary or revoke the reservation of general reserved land only:
- (a) after taking into account the purpose for which the land was reserved; and
(b) if satisfied it is in the interests of the Territory to do so; and
(c) after following the procedures prescribed by regulation.
- (a) the form, content and publication of notices;
(b) the persons who must be given a copy of a notice;
(c) submissions that may be made about an intended variation or revocation.
Clause 113, as amended, agreed to.
Clause 114 to 129, by leave, taken together and agreed to.
New Clause 129A.
On the motion of Mr Vatskalis the following new Clause 129A was inserted in the Bill, after debate -
After clause 129 in Part 7, Division 1
- insert
- For section 8(1)(k) of the Personal Property Securities Act 2009 (Cth), each of the following is not personal property for that Act:
(a) a mineral title;
(b) a mineral rights interest.
Note for section 129A
A law of the Commonwealth, a State or a Territory may declare a right, licence or authority granted by or under that law not to be personal property for the Personal Property Securities Act 2009 (Cth).
Clauses 130 to 133, by leave, taken together and agreed to.
Clause 134 read.
On the motion of Mr Vatskalis the following amendments, by leave, were taken together and agreed to, after debate –
Clause 134(1) -
- omit
Part.
substitute
Part, unless the fossicking is to be conducted under an ML authorising tourist fossicking.
- omit
Part
substitute
Act
- omit
a mineral
substitute
limited amounts of a mineral, as prescribed by regulation,
- omit, substitute
(3) For subsection (2), a commercial fossicking activity is the extraction of substantial amounts of minerals to which this Part applies, conducted as part of a business trading in those minerals from which the person conducting the activity derives a significant income.
Note for subsection (3)
The extraction of minerals as a commercial fossicking activity is mining and the person conducting the activity must hold an ML authorising the activity.
Clause 134, as amended, agreed to.
Clauses 135 to 159, by leave, taken together and agreed to, after debate.
On the motion of Mr Vatskalis the following amendment was agreed to, after debate -
Clause 160, at the end -
- insert
(2) A person permitted by section 24MD(6B)(d) of the NTA to object to an act mentioned in section 24MD(6B)(b) of the NTA may apply to the Tribunal under the Lands, Planning and Mining Tribunal Act for a hearing and recommendation in relation to the objection.
(3) For section 24MD(6B)(f) of the NTA:
- (a) the Tribunal is an independent body that may hear the application; and
(b) the application is taken to be the request for a hearing by an independent body.
- Clause 160, as amended, agreed to.
Remainder of the Bill, by leave, taken as a whole and agreed to, after debate.
Bill to be reported with amendments.
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The Assembly resumed; the Speaker (Mrs Aagaard) took the Chair; the Chair of Committees and Deputy Speaker (Ms Walker) reported that the Committee had agreed to the Bill, with amendments.
Report adopted.
On the motion of the Minister for Primary Industry, Fisheries and Resources (Mr Vatskalis) the Bill was read a third time and passed to be a proposed law.
12. NORTHERN TERRITORY GOVERNMENT RESPONSE TO THE 2ND REPORT OF THE COUNCIL OF TERRITORY CO-OPERATION – PAPER TABLED – MOTION TO NOTE PAPER:
- The Minister for Public and Affordable Housing (Dr Burns) laid on the Table the Northern Territory Government Response to the 2nd Report of the Council of Territory Co-Operation (Paper 957).
Dr Burns made a statement relating thereto.
Dr Burns moved – That the Assembly take note of the Paper.
Debate ensued.
Debate suspended, pursuant to Standing Order 41A(v).
- The Leader of the Opposition (Mr Mills), pursuant to notice, presented a Bill for an Act to amend the Criminal Code.
Bill read a first time.
Mr Mills moved – That the Bill be now read a second time.
Debate ensued.
On the motion of the Minister for Justice and Attorney-General (Ms Lawrie) debate was adjourned.
- The Member for Nelson (Mr Wood), pursuant to notice, moved - That,
- in light of the two fatal crashes at Coolalinga over the last 12 months involving road trains and the possibility of more heavy vehicle traffic movements in the Darwin region if the construction of an LNG plant at Blaydin Point goes ahead:
- 1. The government immediately appoint a task force of representatives from; police, road safety, MVR, Dept of Transport, NT Trucking Association, mining industry, pastoral industry, general freight companies, defence, local government and other experts to review all aspects related to the transport of goods and materials by trucks through and into the Darwin, Palmerston and rural area; and
- 2. The government allow for public input into the process through public hearings or submissions.
- Debate ensued.
Question – put and passed.
- 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 negatived.
- 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 negatived.
- The Member for Port Darwin (Mr Elferink), by leave, moved – That consideration of the Bill be postponed until a later hour.
Question – put and passed.
- 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 - That the motion be agreed to - put.
The Assembly divided (the Speaker, Hon. J. L Aagaard, in the Chair) -
AYES, 10 NOES, 11
Ms Carney Mrs Aagaard
Mr Chandler Dr Burns
Mr Conlan Mr Gunner
Mr Elferink Mr Hampton
Mr Giles Mr Knight
Mr Mills Ms Lawrie
Ms Purick Ms McCarthy
Mr Styles Mr McCarthy
Mr Tollner Ms Scrymgour
Mr Westra van Holthe Mr Vatskalis
Ms Walker
Motion negatived accordingly.
- 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 negatived.
- 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 negatived.
- The Speaker, pursuant to Standing Order 41A, at 9pm proposed the question - That the Assembly do now adjourn.
Debate ensued.
Question - put and passed.
The Assembly adjourned at 9.25pm until tomorrow at 10am.
- PAPERS:
There were no Papers deemed to have been presented on Wednesday 18 August 2010.
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ATTENDANCE:
All Members attended the sittings except Mr Bohlin, on leave.
Last updated: 04 Aug 2016