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Minutes of Proceedings - 1999-11-23

Eighth Assembly First Session 23/11/1999 Parliamentary Record No. 20
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Date : 23/11/1999
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1. MEETING:
    The Assembly met at 10.00 h, pursuant to resolution of the Assembly, dated Thursday 21 October 1999. The Speaker, the Honourable T R McCarthy, took the Chair.

2. PRAYERS.

3. MESSAGE FROM THE ADMINISTRATOR:

Message No. 17
Assent to Proposed Laws
      I, MINNA LYDIA RUTH SITZLER, the Acting Administrator of the Northern Territory of Australia, advise the Legislative Assembly of the assent, pursuant to section 7 of the Northern Territory (Self-Government Act) 1978 of the Commonwealth, to the following proposed laws:

      31 August 1999:
          Interpretation Amendment Act (No. 2) 1999 (No. 37 of 1999)
          Power and Water Authority Amendment Act 1999 (No. 38 of 1999)
          Stamp Duty Amendment Act 1999 (No. 39 of 1999)
          Domestic Violence Amendment Act 1999 (No. 40 of 1999)
          Electricity Amendment Act 1999 (No. 41 of 1999)
      Dated 19th day of October 1999.

      Acting Administrator
      Minna Lydia Ruth Sitzler
      (Paper 1606)
      4. RESOLUTION AGREED TO BY SENATE ON 19 OCTOBER 1999 – PAPER TABLED:
    The Speaker laid on the Table a letter from Senator the Honourable Margaret Reid, President of the Senate, transmitting the text of a resolution passed by the Senate marking the Territory legislature’s 25th anniversary of the election of the first fully-elected parliament of the Northern Territory (Paper 1605).
      5. AUDITOR-GENERAL’S REPORT TO THE LEGISLATIVE ASSEMBLY ON THE 1998/99 TREASURER’S ANNUAL FINANCIAL STATEMENT – PAPER TABLED – MOTION TO NOTE REPORT:
    The Speaker laid on the Table the Auditor–General’s Report to the Legislative Assembly on the 1998/99 Treasurer’s Annual Financial Statement (Paper 1610).
    The Chief Minister (Mr Burke) moved – That the Report be printed.
    Question – put and passed.
    Mr Burke moved – That the Assembly take note of the Report.
    Ordered – That Mr Burke have leave to continue his remarks at a later hour.
    Debate adjourned.
      6. PETITIONS:
    Response to petitions: The Clerk, in accordance with Standing Order 100A, laid on the Table responses to petitions Nos. 32 and 34 and advised of their incorporation in Hansard (Paper 1611).

7. NOTICES:
    The following notices were given:
    Mr Burke: To present the Criminal Code Amendment Bill 1999 (Serial 202).
    Mr Burke: To present the AustralAsia Railway (Special Provisions) Bill 1999 (Serial 209).
    Mr Baldwin: To present the Kava Management Amendment Bill (No. 2) 1999 (Serial 206).
    Mr Palmer: To present the Commercial Passenger (Road) Transport Amendment Bill 1999 (Serial 208).

8. DISTINGUISHED VISITOR:
    The Speaker (Mr McCarthy) drew attention to the presence in the Speaker’s Gallery of a former Member of the Legislative Assembly Mr Bern Kilgariff AM.
    On behalf of Honourable Members, the Speaker extended a warm welcome to the distinguished visitor.

9. QUESTIONS:
    10:02 Ms Martin to Mr Reed.
    10:06 Mr Elferink to Mr Burke.
    10:08 Ms Martin to Mr Reed.
    10:20 Dr Lim to Mr Reed.
    10:27 Mr Toyne to Mr Adamson.
    10:30 Mr Mills to Mr Palmer.
    10:35 Mr Ah Kit to Mr Burke.
    10:37 Mr Balch to Mr Baldwin.
    Paper tabled: The Minister for Lands, Planning and Environment (Mr Baldwin) laid on the Table the following Paper -
Press release - Proposed amendments to the Planning Act, by Minister for Lands, Planning and Environment, Mr Baldwin (Paper 1612).
    10:43 Mr Toyne to Mr Burke.
    10:56 Mr Hatton to Mr Manzie.

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

10. AUSTRALASIA RAILWAY – MINISTERIAL STATEMENT – STATEMENT NOTED:
    The Chief Minister (Mr Burke) made a statement relating to the AustralAsia Railway project commencement and financial contribution of governments (Paper 1618).
    Mr Burke moved – That the Assembly take note of the Statement.
    Debate ensued.
    Paper tabled: The Treasurer (Mr Reed) laid on the Table the following Paper –
Pamphlet – The Railway and benefits for Katherine and the Territory by Mike Reed CLP Member for Katherine (Paper 1613).
    Debate continued.
____________________
    Suspension of sitting: The sitting was suspended between 12:10 h and 14:15 h.
____________________
    Debate resumed.
    Question – put and passed.
11. FOUNDATIONS FOR OUR FUTURE – DIVERSIFY THE ECONOMY THROUGH SERVICE INDUSTRY GROWTH – MINISTERIAL STATEMENT – STATEMENT NOTED:
    The Treasurer (Mr Reed) made a statement relating to development of plans to diversify the Territory economy to ensure service industry growth in the Territory (Paper 1626).
    Mr Reed moved – That the Assembly take note of the Statement.
    Paper tabled: The Treasurer (Mr Reed) laid on the Table the following Paper –
Booklet, Foundations for Our Future – Diversify the Economy through Service Industry Growth
(Paper 1627).
    Debate ensued.
    Question – put and passed.
12. LEGAL AID AMENDMENT BILL 1999 (Serial 176):
    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 ensued.
    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.
    On the motion of the Attorney-General (Mr Burke) the Bill was read a third time and passed to be a proposed law.
13. SALE OF GOODS AMENDMENT BILL 1999 (Serial 182):
    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 ensued.
    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.
    On the motion of the Attorney-General (Mr Burke) the Bill was read a third time and passed to be a proposed law.
14.PLANNING BILL 1999 (Serial 198) and PLANNING (CONSEQUENTIAL AMENDMENTS) BILL 1999 (Serial 199):
    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.
    Bills read a second time.
    The Assembly resolved itself into Committee of the Whole for consideration of the Bills.

    In Committee
    (Chairman – Mr Mitchell)

    Planning Bill 1999 (Serial 198):

    Bill, by leave, taken as a whole.
    On the motion of the Minister for Lands, Planning and the Environment (Mr Baldwin) the Schedule of circulated amendments, Number 56 standing in his name were taken together, by leave, and agreed to –

    Clause 3 -

    Omit from the definition of 'Chairman' in subclause (1) 'the Deputy Chairman while acting as the Chairman under section 88(3)' and substitute 'a Deputy Chairman while acting as Chairman under section 88(3) or (4)'; and
    Omit from the definition of 'Deputy Chairman' in subclause (1) 'the person appointed as Deputy Chairman' and substitute 'a person appointed as a Deputy Chairman'.

    Clause 7 -

    Add at the end the following:
      '(5) The Minister must, as soon as reasonably practicable after becoming aware of an inconsistency between 2 or more provisions of the Planning Scheme, take action under this Act to remove the inconsistency.'.

    Clause 17 -

    Insert in subclause (4) (a) 'is being or' before 'is to be'; and
    Insert in subclause (4) (b) 'is being or' before 'is to be'.

    Clause 42 -

    Omit 'and (r)' and substitute ', (r), (s) and (t)'.

    Clause 51 -

    Omit from paragraph (k) 'facilities or land' and substitute 'facilities, or land suitable for public recreation,'; and
    Omit paragraph (r) and substitute the following:
        '(r) any potential impact on natural, social, cultural or heritage values;

        (s) any beneficial uses, quality standards, criteria, or objectives, that are declared under section 73 of the Water Act;

        (t) other matters it thinks fit.'.


    Clause 54 -

    Add at the end the following:
      '(4) If the Minister directs the Development Consent Authority –
          (a) to refuse to issue a development permit in relation to a development application;

          (b) to issue a development permit in relation to a development application on a condition specified in the direction; or

          (c) to amend a proposal in a development application,

          the Development Consent Authority must state in the statement of reasons provided to the applicant that the refusal, condition or amendment was in accordance with a direction of the Minister and that the applicant has no right of appeal to the Appeals Tribunal against the refusal, condition or amendment.'.


    Clause 88 -

    Omit subclause (2) and substitute the following:
      '(2) The Minister may, in writing, appoint –
          (a) a member to be the Deputy Chairman of the Development Consent Authority; or

          (b) a member to be the Deputy Chairman of the Development Consent Authority in respect of one or more Divisions of the Authority.'; and


    Omit subclause (3) and substitute the following:
      '(3) If the Minister appoints a member to be the Deputy Chairman of the Development Consent Authority under subsection (2)(a), the Deputy Chairman is to act as the Chairman during –
          (a) any period when the Chairman appointed under subsection (1) is unable to attend a particular meeting; and

          (b) any vacancy in the office of Chairman.

      '(4) If the Minister appoints a member to be the Deputy Chairman of the Development Consent Authority in respect of a Division under subsection (2)(b), the Deputy Chairman is to act as the Chairman during –
          (a) any period when the Chairman appointed under subsection (1) is unable to attend a particular meeting in relation to the Division; and

          (b) any vacancy in the office of Chairman, but only in relation to matters relating to the Division.'.


    Clause 91 -

    Omit from subclause (5) 'A person' and substitute 'Subject to subsection (6), a person'; and
    Add at the end the following:
      '(6) A person appointed under subsection (1) may not act in the place of a member appointed to be a Deputy Chairman who is acting as Chairman under section 88(3) or (4).'.

    Clause 93 -

    Insert after subclause (1) the following:
        '(1A) The Chairman may, in writing, appoint a member in relation to the Division who is –
            (a) appointed as a member under section 89(1)(a) in accordance with section 89(4)(b); or

            (b) appointed as a member under section 90,

            to act as a member in relation to another Division in the place of a member of that other Division who is required to act as the Chairman in relation to that other Division.'.


    Clause 98 -

    Omit from subclause (2)(a) all words after 'Division' and substitute 'has not been made by or on behalf of the local authority in relation to the Division'; and
    Omit from subclause (3) 'is being considered, or is about to be considered, by a Division,' and substitute 'in relation to a Division is being considered, or is about to be considered, by the Division,'.

    Clause 101 -

    Omit from subclause (3)(c) 'a person elected' and substitute 'a member elected';
    Omit from subclause (3)(d) 'the person presiding' and substitute 'the member presiding'; and
    Omit from subclause (4)(b) 'the person presiding' and substitute 'the member presiding'.

    Insert the following new clause after clause 116 –
      '116A. No appeal against decision subject to direction of Minister
          'There is no right of appeal to the Appeals Tribunal against a determination of the Development Consent Authority, or a part of a determination of the Development Consent Authority, that is made in accordance with a direction of the Minister under section 85.'.
    Insert the following new clause after clause 155 –
      '155A. Proposed new control plans

        '(1) Subject to this section, this Act applies in relation to a proposed control plan existing under the former Act immediately before the commencement date as if it were a proposed amendment to the Development Provisions.

        '(2) If under the former Act a proposed control plan has been exhibited for part only of the period required by or under section 19 of that Act, this Act applies as if the plan were required under section 17(1) of this Act to be exhibited for all of the period required by or under section 19 of the former Act in relation to the proposal.

        '(3) If under the former Act a proposed control plan has completed the exhibition period required by or under section 19 of that Act and the former Authority has made a submission to the Minister under section 23 of the former Act in relation to the plan, the Minister may –

            (a) require a further hearing or consultation under section 23 of this Act, in which case Divisions 3 and 4 of Part 2 of this Act apply to the proposed control plan; or

            (b) deal with the proposed control plan under Division 4 of Part 2 of this Act,

      as if –
            (c) a submission made to the former Authority under section 21 of the former Act had been made to the Minister under section 19 of this Act; and

            (d) the report under section 23 of the former Act were a report under section 20 of this Act.

        '(4) If under the former Act a proposed control plan has completed the exhibition period required by or under section 19 of the former Act but the former Authority –
            (a) has not made a submission to the Minister under section 23 of the former Act in relation to the proposed plan; and

            (b) has not part-heard the matter,

      then –
            (c) a submission made under section 21 of the former Act in relation to the proposed control plan is to be taken to be a submission made under section 19 of this Act; and

            (d) sections 20, 22 and 23 and Division 4 of Part 2 of this Act apply in relation to the proposed control plan.

        '(5) If under the former Act a proposed control plan has completed the exhibition period required by or under section 19 of the former Act but the former Authority –
            (a) has not made a submission to the Minister under section 23 of the former Act in relation to the proposed control plan; and

            (b) has part-heard the matter,

      then –
            (c) a submission made under section 21 of the former Act in relation to the proposed control plan is to be taken to be a submission made under section 19 of this Act;

            (d) the Chairman of the Planning Authority within the meaning of the former Act must, within 60 days after the commencement of this Act –


              (i) prepare and deliver to the Minister under section 20 of this Act a report as if he or she had been asked to do so under that section; and

              (ii) prepare and deliver to the Minister under section 22 of this Act a report on so much of the hearing as has been part-heard as if he or she had been asked to do so under that section;


            (e) the Minister must appoint a person under section 22 to complete the hearing and report to the Minister in accordance with that section; and

            (f) section 23 and Division 4 of Part 2 apply in relation to the proposed control plan.'.

    Bill, as amended, agreed to.
    Bill to be reported with amendments.

    Planning (Consequential Amendments) Bill 1999 (Serial 199):

    Bill taken as a whole, by leave, and agreed to.
    Bill to be reported without amendment.
    The Assembly resumed; the Speaker (Mr McCarthy) resumed the Chair; the Chairman (Mr Mitchell) reported that the Committee had considered the Bills and agreed to –
Planning Bill 1999 (Serial 198), with amendments; and
Planning (consequential Amendments) Bill 1999 (Serial 199), without amendment.

    The Minister for Lands, Planning and Environment (Mr Baldwin) moved – That the Bills be now read a third time.
    Question - put.
    The Assembly divided (the Speaker, Hon. T. R. McCarthy, in the Chair) -

    AYES, 16 NOES, 6

    Mr Adamson Mr Ah Kit
    Mr Balch Mr Bailey
    Mr Baldwin Ms Martin
    Mrs Braham Mr Rioli
    Mr Burke Mr Stirling
    Mr Dunham Mr Toyne
    Mr Elferink
    Mr Hatton
    Dr Lim
    Mr Lugg
    Mr McCarthy
    Mr Manzie
    Mr Mitchell
    Mr Palmer
    Mr Poole
    Mr Reed

    And so it was resolved in the affirmative.
    Question – put and passed.
    The Bills were read a third time and passed to be proposed laws.
15. CEMETERIES AMENDMENT BILL 1999 (Serial 177):
    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 ensued.
    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.
    On the motion of the Minister for Local Government (Mrs Braham) the Bill was read a third time and passed to be a proposed law.
16. SELECT COMMITTEE ON TERRITORY FOOD PRICES - FOOD PRICES IN THE NORTHERN TERRITORY – PRICE, QUALITY AND CHOICE - STRIKING A FAIR BALANCE - REPORT, VOLUMES I, II AND III –– REPORT NOTED:
    The Order of the Day having been read for the resumption of debate on the question – That the Assembly take note of the Report –
    Debate ensued.
    Question – put and passed.
17. ADJOURNMENT:
    The Leader of Government Business (Mr Palmer) moved - That the Assembly do now adjourn.
    Debate ensued.
    Question – put and passed.
    And the Assembly adjourned at 22:51 h until 10:00 h on Wednesday 24 November 1999.

    PAPERS:
    The following Papers were deemed to have been presented on Tuesday 23 November 1999 –

    Annual Report:
    Aboriginal Areas Protection Authority, 1998/99 (Paper 1617)
    Department of Housing, 1998/99 (Paper 1607)
    Department of Industries and Business, Incorporating Racing and Gaming Authority, Liquor Commission, NT Tab and Work Health Authority, 1998/99 (Paper 1615)
    Department of Mines and Energy, 1998/99 (Paper 1608)
    Department of the Legislative Assembly, 1998/99 (Paper 1609)
    Lands Planning and Environment, 1998/99 (Paper 1616)
    Northern Territory Police, Fire and Emergency Services, 1998/99 (Paper 1625)
    Northern Territory Tourist Commission, 1998/99 (Paper 1624)
    Parks and Wildlife Commission of the Northern Territory, 1998/99 (Paper 1623)
    Uranium Mining (Environment Control) Act (20th), 1998/99 (Paper 1614)

    Regulations 1999:
    No. 32, Amendments of Debits Tax Regulations (Paper 1619)
    No. 33, Amendments of Financial Institutions Duty Regulations (Paper 1620)
    No. 34, Amendments of Liquor Regulations (Paper 1621)
    No. 35, Amendments of Commercial and Private Agents Licensing Regulations (Paper 1622)

    Reports:
    Report to the Legislative Assembly by Mr S Stirling MLA, pursuant to section 9.1(e) of the Remuneration Tribunal Determination (Paper 1604)
    ATTENDANCE:
    All members attended the sittings except the Honourable S L Stone; and Mrs M A Hickey, on leave.
Last updated: 04 Aug 2016
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