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Minutes of Proceedings - 2000-06-22

Eighth Assembly First Session 13/06/2000 Parliamentary Record No. 23
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Date : 22/06/2000

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The Assembly resumed at 10.00 h, pursuant to resolution suspending the sitting, dated 21 June 2000. The Speaker, the Honourable T. R. McCarthy, took the Chair.

10. SPECIAL ADJOURNMENT:

The Leader of Government Business (Mr Palmer) moved – That the Assembly at its rising adjourn until Tuesday 8 August 2000 at 10:00 h or such other time and/or date as may be set by Mr Speaker, pursuant to Sessional Order.

Question – put and passed.

11. APPROPRIATION BILL 2000 – 2001 (Serial 233):

The Order of the Day having been read for further consideration of the Bill in Committee of the Whole -

----------------
In the Committee
(Chairman – Mr Mitchell)
(commenced 10:00 h)

Proposed allocations specified for expenditure on the Activities within the

Department of Education -

Papers tabled:

The Minister for Education (Mr Lugg)

laid on the Table the following Papers -

Schedule of teacher resignations by month and region (Paper 1957); and
Indigenous Education Strategic Education Program – Collins Review recommendations (Paper 1961).

Debate continued.

Paper Tabled:

The Member for Stuart (Mr Toyne), by leave, laid on the Table the following Paper –

Education is not GST – free by Michael Lee MP Shadow Minister for Education Canberra, dated 8 June 2000 (Paper 1962).

Debate continued.

Debate ensued.

Proposed allocations agreed to.

Proposed allocations specified for expenditure on the Activities within the

Northern Territory Employment and Training Authority -

Debate ensued.

Proposed allocations agreed to.

Proposed allocations specified for expenditure on the Activities within the

Department of Corporate and Information Services: General Services -

Debate ensued.

The Minister for the Department of Corporate and Information Services (Mr Adamson) moved - That so much of Standing Orders be suspended as would prevent consideration of proposed allocations specified for expenditure on the Activities within the

Department of Corporate and Information Services: General Services

and

Department of Corporate and Information Services: Superannuation Office

being taken together, forthwith.

Question – put and passed – there being an absolute majority of the whole number of Members present and no dissentient voice.

Debate resumed.

Proposed allocations agreed to.

Proposed allocation specified for expenditure on the Activity within the

Information Technology Management Services -

Debate ensued.

Proposed allocation agreed to.

Proposed allocation specified for expenditure on the Activity within the

Government Printing Office -

Debate ensued.

Proposed allocation agreed to.

Proposed allocation specified for expenditure on the Activity within the

Office of Communications, Science and Advanced Technology -

Debate ensued.

Proposed allocation agreed to.

Proposed allocations specified for expenditure on the Activities within the

Department of Arts and Museums -

Debate ensued.

Papers tabled:

The Minister for Arts and Museums (Mr Adamson) laid on the Table the following Papers –

Sponsorships Paid (Annual Report) for period 1 July 1999 to 30 June 2000 (Paper 1964); and
Foundation initiatives (including a progress report) (Paper 1965).

Debate continued.

Proposed allocations agreed to.

Proposed allocation specified for expenditure on the Activity within the

Strehlow Research Centre -

Debate ensued.

Proposed allocation agreed to.

Ordered that consideration of proposed allocation specified for expenditure on the Activity relating to

Ethnic Affairs, Department of the Chief Minister,

be called on forthwith.

Postponed consideration of proposed allocation specified for expenditure on the Activity within the

Department of the Chief Minister – Ethnic Affairs –

Debate ensued.

Proposed allocation agreed to.

Proposed allocations specified for expenditure on the Activities within the

Department of Local Government -

Debate ensued.

Papers tabled:

The Minister for Local Government (Mrs Braham) laid on the Table the following Papers -

Local Government Funding, Grants and Subsidies 1999-2000 to 2000 to 2001 (Paper 1966); and
Funding to town camp organisations 1999-2000 (Paper 1967).

Debate continued.

Proposed allocations agreed to.

Proposed allocations specified for expenditure on the Activities within the

Territory Housing -

Debate ensued.

Papers tabled:

The Minister for Territory Housing (Mrs Braham) laid on the Table the following Papers –

Strategies to improve employment opportunities and outcomes for Aboriginal people (Paper 1986);
Housing costs 1999-2000 (Paper 1968);
Aboriginal Community Housing Stock (Paper 1969);
Aboriginal Regional Councils in the Territory (Paper 1970);
Territory Housing cost by program item (Paper 1971);
Aboriginal Housing Business Division, administrative support (Paper 1972);
Dwellings sold under the Housing 2003 policy by stock, type and area (Paper 1973);
Receipts of sale of homes under Housing 2003 by area (Paper 1974);
List of IHANT projects in the Barkly Region (Paper 1975); and
Government Agencies housing construction costs on Aboriginal Communities (Paper 1976).

Debate continued.

Proposed allocations agreed to.

Proposed allocations specified for expenditure on the Activities within the

Territory Housing Business Services-

Proposed allocations agreed to, without debate.

Proposed allocation specified for expenditure on the Activity within the

Office of Aboriginal Development -

Debate ensued.

Paper tabled:

The Minister for Aboriginal Development (Mrs Braham) laid on the Table the following Paper –

Strategy, Aboriginal Economic Development Model (Paper 1977).

Debate continued.

Proposed allocation agreed to.

Schedule, as printed, agreed to, after debate.

Clauses of the Bill, by leave, taken together and agreed to.

Title of Bill agreed to .

Bill to be reported without amendment.

The Assembly resumed; the Speaker (Mr McCarthy) resumed the Chair; the Chairmen (Mr Mitchell) reported accordingly; and the report was adopted.

The Treasurer (Mr Reed) 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.

12. ORDER OF BUSINESS:

The Leader of Government Business (Mr Palmer) moved – That intervening business be postponed until after consideration of Orders of the Day No. 3 relating to the AustralAsia Railway (Special Provisions) Amendment Bill 2000 (Serial 238) and AustralAsia Railway Corporation Amendment Bill 2000 (Serial 239), forthwith.

Question - put and passed.

13. AUSTRALASIA RAILWAY (SPECIAL PROVISIONS) AMENDMENT BILL 2000 (Serial 238); and AUSTRALASIA RAILWAY CORPORATION AMENDMENT BILL 2000 (Serial 239):

The Treasurer (Mr Reed) moved – That so much of Standing Orders be suspended as would prevent a message from the Acting Administrator recommending an appropriation in respect of the AustralAsia Railway (Special Provisions) Amendment Bill 2000 (Serial 238), being announced forthwith.

The Speaker advised Members that he had received the following Message No. 27 from His Honour the Administrator:

Message No. 27

AustralAsia Railway Corporation Amendment Bill

I, Brian Frank Martin, the Acting Administrator of the Northern Territory of Australia, in pursuance of section 11 of the Northern Territory (Self-Government) Act 1978 of the Commonwealth, recommend to the Legislative Assembly a Bill for an Act to amend the AustralAsia Railway Corporation Act, which in part provides for public moneys of the Territory to be expended for certain purposes in relation to the Railway Project.

Dated 22 June 2000.
B F Martin
Acting Administrator
(Paper 1963)

The Order of the Day having been read for the resumption of debate on the question – That the Bills be now read a second time -
Debate ensued.
Question – put and passed.
Bills read a second time.
The Assembly resolved itself into Committee of the Whole for consideration of the Bill.

In Committee
(Chairman – Mr Mitchell)

AustralAsia Railway (Special Provisions) Amendment Bill 2000 (Serial 238):

Bill, by leave, taken as a whole.

The Chief Minister (Mr Burke) moved – That so much of Standing Orders be Suspended as would prevent the Schedule of Amendments No 73 standing in my name being taken together and one motion being put in relation to the question – That the amendments be agreed to.

Question – put and passed – there being an absolute majority of the whole number of Members present and no dissentient voice.

Mr Burke moved the following amendments -

In clause 5 omit from proposed section 5A(2) 'or the Corporation' and substitute ', the Corporation or the Darwin Port Corporation'.

In clause 5 –

Add at the end of proposed section 5A the following:

' "(3) For the purposes of the law of the Territory, the conferral of rights on the consortium by the Concession Deed is not to be taken to be a grant of a monopoly.'.

Add at the end of proposed section 5C the following:

' "(3) For the purposes of subsection (1), a right or interest does not include a right or interest granted to the Corporation or the consortium.'.

In clause 6 -

Omit from proposed section 8(1) 'subsection (5), the

Planning Act

applies'

and substitute 'this section, the

Planning Act

(except Part 6) applies';

Insert after proposed section 8(4)(d) the following:

'(da) facilities for the control of trains;'.

Insert after proposed section 8(8) the following:

' "(8A) The development provisions under subsection (1) prevail over any other development or other provision under the Planning Scheme or a provision of the

Planning Act

, whether the provision was in force before or after the commencement of this section.'.

Insert after proposed section 8 the following:

' "8A. Lease of Darwin Port Corporation land to consortium not a subdivision

Despite section 5 of the

Planning Act

, a lease granted by the Darwin Port Corporation to the consortium for the purposes of the railway is not a subdivision for the purposes of that Act.'.

Add at the end of clause 6 the following:

"9A. Certain building and planning restrictions not to apply

A provision of the

Planning Act

Building Act

, or of an instrument of a legislative or administrative character made under those Acts, that relates to the siting of buildings, plot ratios or to buildings constructed across lot boundaries does not apply to the corridor or to additional land." .

Insert after clause 6 the following:

'6A. New sections

'The Principal Act is amended by inserting after section 10 the following:

"10A. Forfeiture of Crown lease

"(1) Despite anything in the

Crown Lands Act

, the Crown Lands Minister must not forfeit a lease granted under that Act to the Corporation in respect of land in the corridor unless –

(a) notice of the proposed forfeiture is given to –

(i) a sub-lessee of the land; and

(ii) the holder of a security over the land; and

(b) the sub-lessee and the holder of the security are given a reasonable opportunity to remedy the breach of the lease giving rise to the right to forfeit.

"(2) In this section, 'Crown Lands Minister' means the Minister for the time being administering the

Crown Lands Act

"10B. Relief from forfeiture provisions to apply

"(1) Division 4 of Part 8 of the

Law of Property Act

applies to a lease of land in the corridor.

"(2) Subsection (1) applies whether or not the Division has come into operation on or before the grant of any title over the corridor.

"10C. Sub-letting of pastoral lease

"For the purposes of section 68(5) of the Pastoral Land Act, a purpose relating to the construction of the railway is a prescribed purpose." '.

Insert after clause 6 the following further new section:

'6B. New section

'The Principal Act is amended by inserting after section 11 the following:

"11A. Temporary closure of roads

"(1) This section applies despite anything in the Control of Roads Act.

"(2) Subject to this section, the consortium is entitled to temporarily close the whole or any part of a road for a purpose connected with the construction, operation or maintenance of the railway.

"(3) A right conferred on the consortium by subsection (2) is exercisable only with the consent of the Transport Minister under subsection (4).

"(4) The Transport Minister may in writing consent to the consortium exercising a right conferred on it by subsection (2) subject to such conditions as the Transport Minister thinks fit.

"(5) The conditions that may be imposed under subsection (4) include but are not limited to conditions about the following:

(a) the period of the temporary closure;

(b) public notification of the temporary closure, both prior to and during the temporary closure;

(d) the use of the road by persons other than the consortium during the temporary closure;

(e) the manner in which the road may be used by the consortium during the temporary closure, including to support plant, equipment and structures by affixing them to the road.

"(6) In this section –

'road' includes a bridge;

'Transport Minister' means the Minister for the time being administering the

Control of Roads Act

(except Part IV).".'.

In clause 7 –

Insert after proposed subsection (4) the following:

' "(4A) Section 188A of the

Marine Act

does not apply in respect of any thing done by the consortium under its right to construct, operate and maintain a railway across a waterway or under a right for which consent under this section is given.

"(4B) Any thing done by the consortium under its right to construct operate and maintain a railway across a waterway or under a right for which consent under this section is given is to be taken to be permitted under the

Water Act

.'.

In clause 10 –

Add at the end the following:

' "(2) An access easement referred to in subsection (1) is to be taken to have been created on it being indicated on the survey plan.

"(3) The Registrar-General must record interests indicated on the survey plan under subsection (1) on the Register kept by the Registrar-General under the

Real Property Act

or the

Land Title Act

.'.

In clause 12 –

Insert in paragraph (b) after proposed subsection (3) the following:

' "(4) Section 179 of the

Mining Act

applies to the consortium as if the right to occupy the land under the authorization under subsection (1) is, for the purposes of that section, a right to occupy land under a mining tenement and the consortium is the holder of a mining tenement.'.

In clause 13 –

Add at the end the following:

' "16B. Access to petroleum permit or licence area over corridor only with consent

"(1) This section applies to the extent that the shortest practicable route between an area the subject of a permit or licence that is granted under the

Petroleum Act

after the commencement of this section and a road, a railway line, the sea or a waterway is over a part of the corridor.

"(2) Where this section applies, section 65 of the Petroleum Act is to be read as if subsection (1) were repealed and the following substituted:

'(1) Where –

(a) by or under this Act, a person is given the right to occupy land as a permittee or licensee; and

(b) the shortest practicable route between the land and a road within the meaning of the Control of Roads Act, a railway line, the sea or a waterway is over a part of the corridor,

the person may apply to the Minister for a right of access to that land over the corridor.

'(1A) On receipt of an application under subsection (1), subject to subsection (1B), the Minister may –

(a) grant the right of access subject to the conditions specified in the grant; or

(b) refuse to grant the right of access.

'(1B) Before making a decision on an application under subsection (1A), the Minister must seek the views of the consortium about the application and, in making the decision, must take those views (if any) into account.

'(1C) A right of access over the corridor granted under subsection (1A) entitles the person granted the right and that person's employees and agents to a right of way over the corridor subject to the conditions of grant.

'(1D) A person granted a right of access over the corridor under subsection (1A) is entitled, subject to the conditions of grant –

(a) to mark out the resultant right of way; and

(b) to enter upon the corridor with machinery, equipment and workers to perform whatever work is reasonably necessary for the construction of that right of way.'.

"(3) A reference in subsection (2) to the Minister is to be taken to be a reference to the Minister for the time being administering the Petroleum Act.". '.

16C. Access not to interfere with railway

"If under this Act, the Mining Act or the Petroleum Act, a person has a right of access to, from or on land that is part of the corridor, the person may only exercise the right in a way that does not interfere with the construction, operation or maintenance of the railway.

"16D. Entry on land not to interfere with railway

"If under the Stock Routes and Travelling Stock Act a person has a right to enter land that is part of the corridor, the person may only exercise the right in a way that does not interfere with the construction, operation or maintenance of the railway.". '.

In clause 15 -

Add at the end the following:

' "17B. Activities on petroleum permit or licence area not to interfere with railway

"Despite anything to the contrary in the Petroleum Act, the grant or renewal of a permit, retention licence or production licence (whether the grant or renewal was before or after the commencement of this section) does not authorise the holder of the permit, retention licence or production licence to engage in an activity on the permit area, retention licence area or production licence area that unreasonably interferes with the construction, operation or maintenance of the railway.

"17C. Mineral royalties

"The consortium is not liable to pay royalty under the Mineral Royalty Act for extractive minerals recovered from land that the consortium is authorized, or to be taken to be authorized, to occupy and use under section 178(2) of the Mining Act and used for the purpose of constructing, operating or maintaining the railway.'.

In clause 16 -

Omit proposed section 18 and substitute the following:

' "18. Corridor need not be fenced

"Subject to the Northern Territory Rail Safety Act but despite any Act or other law of the Territory, the consortium is not required –

(a) to fence the corridor or to replace, maintain or repair a fence in relation to the corridor; or

(b) to contribute to or join in the construction, replacement, maintenance or repair of a fence in relation to the corridor.'.

In clause 17 -

Add at the end the following:

' "19B. Proceedings involving the Crown

"(1) Subject to this section –

(a) relevant proceedings may be brought and conducted by or against the Territory Crown in a South Australian court; and

(b) relevant proceedings may be brought and conducted by or against the South Australian Crown in a Territory court.

"(2) For the purposes of bringing and conducting relevant proceedings by or against the South Australian Crown in a Territory court and for the purposes of determining the rights and liabilities of the South Australian Crown in those proceedings, the following Acts of South Australia apply as laws of the Territory:

(a) the Alice Springs to Darwin Railway Act 1997;

(b) the Crown Proceedings Act 1992;

"(3) An Act that applies as a law of the Territory under subsection (2) will be the Act as in force from time to time unless, in the case of the Crown Proceeding Act 1992, the consortium, as part of bringing or conducting relevant proceedings, elects to apply that Act in force immediately before the commencement of this section (and then that election will have effect accordingly).

"(4) Subject to subsection (3), the Acts Interpretation Act 1915 of South Australia applies as a law of the Territory in respect of the Acts referred to in subsection (2) and instruments under those Acts.

"(5) The Interpretation Act does not apply in respect of the Acts referred to in subsection (2) or instruments under those Acts.

"(6) Without affecting the application of the Crown Proceedings Act with respect to relevant proceedings brought or conducted by or against the Territory Crown in a Territory court (including proceedings to which the South Australian Crown is also a party), that Act does not apply in respect of relevant proceedings brought or conducted by or against the South Australian Crown in a Territory court (including proceedings to which the Territory Crown is also a party) or for the purposes of determining the rights and liabilities of the South Australian Crown in those proceedings.

"(7) For the purposes of bringing relevant proceedings by or against the Territory in a South Australian court, the Legislative Assembly consents to the Parliament of South Australia applying the AustralAsia Railway (Special Provisions) Act and the Crown Proceedings Act as laws of South Australia.

"(8) The doctrine of executive necessity, to the extent (if any) that it applies in the Territory, does not apply to the Territory Crown in relation to its rights and obligation under the Concession Deed.

"(9) In this section –

'Crown' includes –

(a) a Minister, instrumentality or agency of the Crown;

(b) a body or person declared by regulation to be an instrumentality or agency of the Crown for the purposes of a particular reference to the Crown in this section;

'relevant proceedings' means civil proceedings arising out of or connected with the construction, operation or maintenance of the railway;

'South Australian Crown' means the Crown in right of South Australia;

'Territory Crown' means the Crown in right of the Territory.".'.

Amendments agreed to.

Bill, as amended, agreed to.

Bill to be reported with amendments.

AustralAsia Railway Corporation Amendment Bill 2000 (Serial 239):

Bill, by leave, taken as a whole and agreed to.

Bill to be reported without amendment.

The Assembly resumed; the Speaker resumed the Chair; the Chairman (Mr Mitchell) reported that the Committee had considered the Bills and agreed to the –

Australasia Railway (Special Provisions) Amendment Bill 2000 (Serial 238), with amendments; and
AustralAsia Railway Corporation Amendment Bill 2000 (Serial 239), without amendment.

On the motion of the Chief Minister (Mr Burke) the Bills were read a third time and passed to be proposed laws.

14. ADJOURNMENT:

The Treasurer (Mr Reed) moved – That the Assembly do now adjourn.

Debate ensued.

Paper tabled:

The Member for Katherine (Mr Reed) laid on the Table the following Paper –

Birds of the Parliamentary Precinct, Darwin, Northern Territory (Paper 1978).

Debate continued.

Paper tabled:

The Member for Casuarina (Mr Adamson) laid on the Table the following Paper -

Eisteddfod, 39th North Australian (Paper 1979).

Debate continued.

Question – put and passed.

And the Assembly adjourned at 20:39 h until Tuesday 8 August 2000 at 10:00 h or such other time and /or date as may be set by Mr Speaker, pursuant to Sessional Order.

PAPERS:

The following papers were deemed to have been tabled on Thursday 22 June 2000 –

Annual Report:

Centralian College, 31 December 1999 (Paper 1958)

Cobourg Peninsula Sanctuary and Marine Park Board 1998/99 (Paper 1959)

Nitmiluk National Park, Year ended 30 June 1999 (Paper 1960)

Northern Territory Legal Aid Commission, 1998/99 (Paper 1930)

Crown Lands Act:

Revocation of Purkiss Memorial Reserve No. 1534, over Lot 294 Town of Tennant Creek (Paper 1980)

Financial Management Act:

Direction by the Treasurer, pursuant to section 20(1)(a) - Transfer of Excess Allocations between Activities, dated 15 June 2000 (Paper 1956)

Regulations 2000:

No. 27, Totalisator Licensing and Regulation Regulations (Paper 1912)

No. 28, Totalisator Licensing and Regulation (Arbitration) Regulations (Paper 1913)

No. 29, Totalisator Licensing and Regulation (Hearings) Regulations (Paper 1914)

No. 30, Amendments of Racing and Betting Regulations (Paper 1915)

ATTENDANCE:

All Members attended the sitting, except Mr Rioli on leave.

Ian McNeill

Clerk of the Legislative Assembly

Last updated: 04 Aug 2016

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Minutes of Proceedings - 2000-06-22