Minutes of Proceedings - 1998-08-19
Eighth Assembly First Session 18/08/1998 Parliamentary Record No. 9
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Date : 19/08/1998__________________________________________________________________________________
1. MEETING:
The Assembly met at 10:00 h.. The Speaker, the Honourable L M Braham, took the Chair.
2. PRAYERS.
3. DISTINGUISHED VISITOR:
The Speaker (Mrs Braham) drew attention to the presence in the Speaker’s Gallery of Mr Hyacinth Tungutalum, former Member of the Legislative Assembly for the electorate of Tiwi.
On behalf of Honourable Members, the Speaker extended a warm welcome to the visitor.
4. VISITORS:
The Speaker (Mrs Braham) drew attention to the presence in the gallery of Year 5/6 and Year 7 students from Ludmilla Primary School, and their teacher, Mrs Stephanie Sturtz.
On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.
5. NOTICES:
The following notices were given:
Mr Reed: To present the Mineral Royalty Amendment Bill 1998 (Serial 96).
Mr Reed: To present the Energy Resources Consumption Levy (Waiver of Levy) Bill 1998 (Serial 95).
Mr Reed: To present the Stamp Duty Amendment Bill 1998 (Serial 92).
6. QUESTIONS:
10:03 Mrs Hickey to Mr Stone.
10:09 Mr Lugg to Mr Stone.
10:15 Mrs Hickey to Mr Poole.
10:18 Mr Balch to Mr Coulter.
10:23 Mr Toyne to Mr Stone.
10:28 Dr Lim to Mr Poole.
10:33 Mr Ah Kit to Mr Stone.
10:40 Mr Elferink to Mr Stone.
10:41 Mr Bailey to Mr Stone.
10:48 Mr Dunham to Mr Burke.
10:51 Mr Rioli to Mr Stone.
10:52 Mr Mitchell to Mr Manzie.
10:57 Mr McCarthy to Mr Coulter.
7. STANDING ORDERS COMMITTEE – SECOND REPORT, 8th ASSEMBLY – PAPER TABLED – PAPER PRINTED – MOTION TO NOTE AND ADOPT REPORT:
The Leader of Government Business (Mr Coulter) laid on the Table the Second Report of the Standing Orders Committee, 8TH Assembly (Paper 568).
Mr Coulter moved – That the Report be printed.
Question - put and passed.
Mr Coulter moved – That the Assembly take note of the Report and adopt recommended amendments to Standing Orders.
Debate ensued.
Member named and suspended: The Speaker named the Member for Wanguri (Mr Bailey) for his offensive comments and disorderly conduct.
The Leader of Government Business (Mr Coulter) moved - That the Member for Wanguri (Mr Bailey) be suspended from the service of the Assembly.
Question - put.
The Assembly divided (the Speaker, Hon. L.M. Braham, in the Chair) -
AYES, 16 NOES, 7
Mr Adamson Mr Ah Kit
Mr Balch Mr Bailey
Mr Baldwin Mrs Hickey
Mr Burke Ms Martin
Mr Coulter Mr Rioli
Mr Dunham Mr Stirling
Mr Elferink Mr Toyne
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Palmer
Mr Poole
Mr Reed
Mr Stone
And so it was resolved in the affirmative.
Motion agreed to.
The Member for Wanguri (Mr Bailey) was therefore, suspended at 11:12 h for one day, pursuant to Standing Order 241, and accordingly he withdrew from the Chamber.
Debate resumed on the question – That the Assembly take note of the Report and adopt the recommended amendments to Standing Orders.
Ordered – That the Member for Nhulunbuy (Mr Stirling) have leave to continue his remarks at a later hour.
Debate adjourned.
8. ALTERATION TO ORDER OF BUSINESS:
The Leader of Government Business (Mr Coulter) moved – That intervening business be postponed until after consideration of Notice No. 5 standing in the name of the Chief Minister (Mr Stone) relating to the question for the Referendum pursuant to Section 5 of the Referendums Act.
Question - put and passed.
9. REFERENDUM QUESTION, PURSUANT TO SECTION 5, REFERENDUMS ACT – MOTION AGREED TO:
The Chief Minister (Mr Stone), pursuant to notice and pursuant to Section 5 of the Referendums Act moved –
that this Assembly resolve that the following question be submitted to electors at a referendum:
“Now that a constitution for a State of the Northern Territory has been recommended by the Statehood Convention and endorsed by the Northern Territory Parliament:-
Do you agree that we should become a state?”. (Paper 570)
Debate ensued.
Suspension of sitting: The sitting was suspended between 11:49 h and 14:00 h.
Debate resumed.
The Leader of the Opposition (Mrs Hickey) moved the following amendment -
Omit all words after “resolve” and substitute –
“that the following questions be submitted to electors at a referendum:
(a) Do you agree with the Northern Territory becoming a State?
(b) Do you agree that the name of the State should be the State of the Northern Territory?
(c) Do you agree that the proposed constitution which has been distributed throughout the Territory by the Northern Territory Government in recent times should be adopted as the constitution of the State?”. (Paper 571)
Debate continued.
The Leader of Government Business (Mr Coulter) moved – That the question be now put.
Question – That the question be now put – put.
The Assembly divided (the Speaker, Hon L M Braham, in the Chair) -
AYES, 16 NOES, 6
Mr Adamson Mr Ah Kit
Mr Balch Mrs Hickey
Mr Baldwin Ms Martin
Mr Burke Mr Rioli
Mr Coulter Mr Stirling
Mr Dunham Mr Toyne
Mr Elferink
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Stone
And so it was resolved in the affirmative.
Question - That the amendment be agreed to - put.
The Assembly divided (the Speaker, Hon L M Braham, in the Chair) -
AYES, 6 NOES, 16
Mr Ah Kit Mr Adamson
Mrs Hickey Mr Balch
Ms Martin Mr Baldwin
Mr Rioli Mr Burke
Mr Stirling Mr Coulter
Mr Toyne Mr Dunham
Mr Elferink
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Stone
And so it was resolved in the negative.
Amendment negatived accordingly.
Debate resumed on the motion moved by the Chief Minister (Mr Stone).
Question – put and passed.
10. REFERENDUM QUESTION - RESOLUTION TO BE COMMUNICATED TO THE ADMINISTRATOR AND CHIEF ELECTORAL OFFICER:
The Speaker advised honourable members, pursuant to section 5 of the Referendum Act, the resolution of the Assembly would be communicated to His Honour the Administrator and to the Chief Electoral Officer.
Madam Speaker addressed Members in the following terms, pursuant to section 10(2) of the Referendums Act –
If the Legislative Assembly resolves to submit a question to electors that does not relate to a proposed law passed by the Legislative Assembly, the Speaker may call for members to nominate whether they are in favour of the question or whether they are not in favour of the question.
Accordingly, at a time to be fixed by the Assembly, I propose to call for members to nominate whether they are in favour of the question or not in favour of the question, for the purposes of authorising arguments for distribution to electors.
11. FIXING TIME FOR MEMBERS TO NOMINATE WHETHER THEY ARE IN FAVOUR OR NOT IN FAVOUR OF REFERENDUM QUESTION FOR PURPOSES OF AUTHORISING ARGUMENTS – MOTION AGREED TO:
The Chief Minister (Mr Stone) moved – That –
(a) the call for members to nominate whether they are in favour of the question or whether they are not in favour of the question for the purposes of authorising arguments for and against the question for distribution to electors, be made an Order of the Day for the next day of sitting; and
(b) unless otherwise ordered, the call for nominations be conducted immediately after the ringing of the bells and Prayers, at the sitting of the Assembly on Thursday, 20 August 1998.
Question – put and passed.
12. CRIMINAL CODE AMENDMENT BILL 1998 (Serial 91):
The Attorney-General (Mr Stone), pursuant to notice, presented a Bill for an Act to amend the Criminal Code.
Bill read a first time.
Mr Stone moved - That the Bill be now read a second time.
On the motion of the Leader of the Opposition (Mrs Hickey) debate was adjourned.
13. PUBLIC TRUSTEE AMENDMENT BILL 1998 (Serial 94):
The Attorney-General (Mr Stone), pursuant to notice, presented a Bill for an Act to amend the Public Trustee Act.
Bill read a first time.
Mr Stone moved - That the Bill be now read a second time.
On the motion of the Leader of the Opposition (Mrs Hickey) debate was adjourned.
14. NORTHERN TERRITORY TOURIST COMMISSION AMENDMENT BILL 1998 (Serial 97):
The Minister for Tourism (Mr Stone), pursuant to notice, presented a Bill for an Act to amend the Northern Territory Tourist Commission Act.
Bill read a first time.
Mr Stone moved - That the Bill be now read a second time.
On the motion of the Leader of the Opposition (Mrs Hickey) debate was adjourned.
15. CULLEN BAY MARINA AMENDMENT BILL 1998 (Serial 98):
The Attorney-General (Mr Stone), pursuant to notice, presented a Bill for an Act to amend the Cullen Bay Marina Act.
Bill read a first time.
Mr Stone moved - That the Bill be now read a second time.
On the motion of the Leader of the Opposition (Mrs Hickey) debate was adjourned.
16. RACING AND BETTING AMENDMENT BILL 1998 (Serial 90):
The Minister for Racing and Gaming (Mr Adamson), pursuant to notice, presented a Bill for an Act to amend the Racing and Betting Act.
Bill read a first time.
Mr Adamson moved - That the Bill be now read a second time.
On the motion of the Member for Fannie Bay (Ms Martin ) debate was adjourned.
17. DARWIN PORT AUTHORITY AMENDMENT BILL 1998 (Serial 93):
The Minister for Territory Ports (Mr Coulter), pursuant to notice, presented a Bill for an Act to amend the Darwin Port Authority Act.
Bill read a first time.
Mr Coulter moved - That the Bill be now read a second time.
On the motion of the Leader of the Opposition (Mrs Hickey ) debate was adjourned.
18. ADMINISTRATORS PENSIONS AMENDMENT BILL 1998 (Serial 57); LEGISLATIVE ASSEMBLY MEMBERS' SUPERANNUATION AMENDMENT BILL 1998 (Serial 58); SUPREME COURT (JUDGES PENSIONS) AMENDMENT BILL 1998 (Serial 59); SUPERANNUATION AMENDMENT BILL 1998 (Serial 60); and SUPERANNUATION GUARANTEE (SAFETY NET) AMENDMENT BILL 1998 (Serial 61) :
The Order of the Day having been read for resumption of the 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 the consideration of the Bills.
Administrators Pensions Amendment Bill 1998 (Serial 57):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
Legislative Assembly Members' Superannuation Amendment Bill 1998 (Serial 58):
Bill, by leave, taken as a whole.
On the motion of Mr Reed the following amendment was agreed to, after debate -
Insert after clause 7:
“7A. REPEAL
“Section 28 of the Principal Act is repealed.”.
Bill, as amended, agreed to.
Bill to be reported with an amendment.
Supreme Court (Judges Pensions) Amendment Bill 1998 (Serial 59):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
Superannuation Amendment Bill 1998 (Serial 60):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
Superannuation Guarantee (Safety Net) Amendment Bill 1998 (Serial 61):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
The Speaker (Mrs Braham) resumed the Chair; the Chairman (Mr Mitchell) reported that the Committee had considered the Bills and agreed to Administrators Pensions Amendment Bill 1998 (Serial 57) without amendment; Legislative Assembly Members' Superannuation Amendment Bill 1998 (Serial 58) with an amendment; Supreme Court (Judges Pensions) Amendment Bill 1998 (Serial 59) without amendment; Superannuation Amendment Bill 1998 (Serial 60) without amendment; and the Superannuation Guarantee (Safety Net) Amendment Bill 1998 (Serial 61) without amendment.
On the motion of the Treasurer (Mr Reed) the Bills were read a third time and passed to be proposed laws.
19. DISCHARGE OF MENTAL HEALTH AND RELATED SERVICES BILL 1997 (SERIAL 39):
The Leader of Government Business (Mr Coulter) moved - That the Mental Health and Related Services Bill 1997 (Serial 39) be discharged from the Notice Paper.
Question - put and passed.
20. PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT AMENDMENT BILL 1998 (Serial 69):
The order of the day having been read for resumption of debate on the question – That the Bill be now read second time -
Debate ensued.
Question - put and passed.
Bill read a second time.
Clauses 1 to 3, by leave, taken together and agreed to.
On the motion of the Minister for Public Employment (Mr Reed) the following amendment was agreed to, after debate –
Insert after clause 3 the following -
“3A. INTERPRETATION
“Section 3 of the Principal Act is amended —
(a) by omitting from paragraph (c) of the definition of "Executive Contract of Employment" in subsection (1) "term" and substituting "period"; and
(b) by inserting after the definition of "Executive Contract of Employment" in subsection (1) the following:
" 'fixed period', in relation to an appointment, means the maximum period for which (subject to this Act and the terms of the appointment) the appointment has effect;”.
Clause, as amended, agreed to.
Clauses 4 to 6, by leave, taken together and agreed to.
On the motion of Mr Reed the following amendment was agreed to –
Insert after clause 6 -
‘6A. CHIEF EXECUTIVE OFFICERS TO APPOINT, PROMOTE AND TRANSFER
'Section 29 of the Principal Act is amended by adding at the end the following:
' "(6) A reference in this section to an appointment on a temporary basis is to be read as including a reference to an appointment under an Executive Contract of Employment.".'.
Clause, as amended, agreed to.
Clause 7 agreed to.
Clause 8 negatived.
On the motion of Mr Reed the following amendment was agreed to -
Insert after clause 7 -
'8. TEMPORARY AND FIXED PERIOD EMPLOYMENT
'Section 34 of the Principal Act is amended —
(a) by omitting from subsection (2) "contract" and "term" and substituting "a temporary basis" and "period", respectively;
(b) by omitting from subsection (5) "contract is" and substituting "appointment is under"; and
(c) by adding at the end the following:
"(8) A reference in this section to an appointment on a temporary basis is to be read as including a reference to an appointment under an Executive Contract of Employment.".'.
Remainder of the Bill, by leave, taken as a whole and agreed to, after debate.
Bill to be reported with amendments.
The Deputy Speaker (Mr Balch) resumed the Chair; the Chairman (Mr Mitchell) reported that the Committee had considered the Bill and agreed to same with amendments; and the report was adopted.
On the motion of the Minister for Public Employment (Mr Reed) the Bill was read third time and passed to be a proposed law.
21. WASTE MANAGEMENT AND POLLUTION CONTROL BILL 1998 (Serial 41); and WASTE MANAGEMENT AND POLLUTION CONTROL (CONSEQUENTIAL AMENDMENTS) BILL 1998 (Serial 43):
The Order of the Day having been read for resumption of debate on the question – That the Bills be now read a second time -
Debate ensued.
Paper tabled: The Minister for Lands, Planning and Environment (Mr Palmer) laid on the Table the following Paper –
Strategy for Waste Management and Pollution Control in the Northern Territory, A Progress Report, dated June 1998, Department of Lands, Planning and Environment (Paper 572).
Debate continued.
Question put and passed.
Bills read a second time.
Leave granted for a motion for the third reading of the Bills to be moved forthwith.
On the motion of the Minister for Lands, Planning and Environment (Mr Palmer) the Bills were read a third time and passed to be proposed laws.
22. ALTERATION TO ORDER OF BUSINESS:
The Chief Minister (Mr Stone) moved – That Government Business, Order of the Day, No 5 be called on forthwith.
Question – put and passed.
23. LOCAL COURT AMENDMENT BILL 1998 (Serial 77) and JUSTICES AMENDMENT BILL 1998 (Serial 78):
Suspension of Standing Orders - Pass two Bills through all stages: The Attorney-General (Mr Stone), by leave, moved - That so much of Standing Orders be suspended as would prevent the Local Court Amendment Bill 1998 (Serial 77) and the Justices Amendment Bill 1998 (Serial 78) passing through all stages at these sittings.
Question –put and passed – there being an absolute majority of the whole number of Members present and no dissentient voice.
The Order of the Day having been read for resumption of debate on the question – That the Bills be now read a second time -
Debate ensued.
Question – put and passed.
Bills be read a second time.
Leave granted for a motion for the third readings of the Bills to be moved forthwith.
On the motion of the Attorney-General (Mr Stone) the Bills were read a third time and passed to be proposed laws.
24. LANDS ACQUISITION AMENDMENT BILL (No. 2) 1998 (Serial 83); LANDS AND MINING TRIBUNAL BILL 1998 (Serial 84); MINING AMENDMENT BILL 1998 (Serial 85); PETROLEUM AMENDMENT BILL 1998 (Serial 86); PETROLEUM (SUBMERGED LANDS) AMENDMENT BILL 1998 (Serial 87); VALIDATION OF TITLES AND ACTIONS AMENDMENT BILL 1998 (Serial 88); and ENERGY PIPELINES AMENDMENT BILL 1998 (Serial 89):
Suspension of Standing Orders - Pass seven Bills through all stages: The Attorney-General (Mr Stone) moved - That so much of Standing Orders be suspended as would prevent the Lands Acquisition Amendment Bill (No. 2) 1998 (Serial 83); the Lands and Mining Tribunal Bill 1998 (Serial 84); the Mining Amendment Bill 1998 (Serial 85); the Petroleum Amendment Bill 1998 (Serial 86); the Petroleum (Submerged Lands) Amendment Bill 1998 (Serial 87); the Validation of Titles and Actions Amendment Bill 1998 (Serial 88); and the Energy Pipelines Amendment Bill 1998 (Serial 89), passing through all stages at these sittings.
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
The Order of the Day having been read for 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 Bills.
Lands Acquisition Amendment Bill (No. 2) 1998 (Serial 83):
Bill, by leave, taken as a whole.
On the motion of Mr Stone the following amendments, scheduled as numbers 17 and 24, standing in his name were taken together, by leave, and agreed to -
Clause 2 –
Omit from subclause (3) 'section 24MD(6B) of the Native Title Act 1993 of the Commonwealth applies' and substitute 'Subdivision M of Division 3 of Part 2 of the Native Title Act 1993 of the Commonwealth applies (which includes acts to which section 26(1)(iii)(A) or (B), 26(2)(f) or 26(3) of that Act applies)';
Clause 4 –
Omit paragraph (f) and substitute the following:
'(f) by inserting after the definition of "mortgage" in subsection (1) the following:
"'native title' and 'native title rights and interests' have the meaning given in section 223 of the Native Title Act;
'Native Title Act' means the Native Title Act 1993 of the Commonwealth;
'native title holder' has the meaning given in section 224 of the Native Title Act;";'; and
Omit paragraph (k) and substitute the following:
'(k) by omitting from subsection (1) the definitions of "Registrar", "rules" and "Tribunal" and substituting the following:
"'registered native title body corporate' has the meaning given in section 253 of the Native Title Act;
'registered native title claimant' has the meaning given in section 253 of the Native Title Act;
'registered native title rights and interests' has the meaning given in section 30(3) of the Native Title Act;
'representative Aboriginal/Torres Strait Islander body' has the meaning given in section 253 of the Native Title Act;
'Tribunal’ means the Lands and Mining Tribunal established by the Lands and Mining Tribunal Act.".';
Clause 5 –
Omit from proposed section 5A all the words after 'interests' and substitute the following:
'(a) that is an act to which Subdivision M of Division 3 of Part 2 of the Native Title Act applies (which includes acts to which section 26(1)(iii)(A) or (B), 26(2)(f) or 26(3) of that Act applies); or
(b) that —
(i) is an act to which Subdivision P of Division 3 of Part 2 of the Native Title Act applies; and
(ii) relates, to any extent, to an area of land that is an alternative provision area within the meaning of section 43A(2) of the Native Title Act.';
Clause 10 -
Omit proposed section 44(2) and substitute the following:
'(2) The Minister may acquire an interest in land in accordance with subsection (1) if —
(a) the acquisition does not affect native title rights and interests; and
(b) the interest to be acquired is an interest referred to in section 47.’;
Omit proposed section 44(3)(a)(ii) and substitute the following:
'(ii) is an act to which section 26(1)(c)(iii)(A) or (B) of the Native Title Act applies, other than an act to which section 24MD(6B)(a) of that Act applies; and'; and
Insert after proposed section 45(1) the following:
'"(1A) Where the Minister is satisfied under subsection (1)(e) that it is in the interests of the Territory not to comply with the recommendation of the Tribunal, the Minister may —
(a) reject the recommendation; or
(b) accept the recommendation and reject, vary, or substitute his or her own conditions for, any of the conditions contained in the recommendation,
and may acquire the land accordingly.'; and
Clause 42 –
Omit from proposed section 89A(3) 'acquisition of land' and substitute 'acquisition of an interest in land'; and
Omit proposed section 89A(3)(c).
Bill, as amended, agreed to.
Bill to be reported with amendments.
Lands and Mining Tribunal Bill 1998 (Serial 84):
Bill, by leave, taken as a whole.
On the motion of Mr Stone the following amendments, scheduled as number 18, standing in his name were taken together, by leave, and agreed to -
Clause 3 –
Insert after the definition of "registered native title claimant" in subclause (1) the following:
'"registered native title rights and interests" has the meaning given in section 30(3) of the Native Title Act;'; and
Insert after the definition of "Registrar" in subclause (1) the following:
'"rules" means rules made under section 20;';
Clause 7 –
Insert in subclause (2) 'under section 36' after 'mediator';
Clause 8 –
Omit 'under this Act' and substitute 'in respect of a proceeding';
Clause 12 –
Omit from subclause (1)(g) (ii) 'Petroleum' and substitute 'Energy Pipelines'; and
Clause 17 –
Omit paragraph (d)(ii) and (iii) and substitute the following:
'(ii) in the case of a proceeding under section 5(c), (e) or (g) — the Minister to whom administration of the Act under which it is proposed to do the prescribed mining, petroleum or pipeline act is allotted under an Administrative Arrangements Order.'; and
Add at the end the following:
'(2) In subsection (1), "decision" includes —
(a) a recommendation under section 5(a), (c), (e) or (g); and
(b) a determination under section 5(b), (d), (f) or (h).';
Clause 28 –
Omit from subclause (1) 'at least 3 other members' and substitute 'such other members as the Administrator may appoint'; and
Clause 32 –
Omit subclause (3) and substitute the following:
'(3) A member who makes a disclosure under subsection (1) —
(a) is not to constitute the Tribunal for the purpose of hearing the matter to which the disclosure relates; and
(b) is not to act as a mediator under section 36 in the matter.'.
Bill, as amended, agreed to.
Bill to be reported with amendments.
Mining Amendment Bill 1998 (Serial 85):
Bill, by leave, taken as a whole.
On the motion of Mr Stone the following amendments, Schedules 19 and 25, standing in his name were taken together, by leave, and agreed to -
Clause 2 -
Omit from subclause (2) 'section 24MD(6B) of the Native Title Act 1993 of the Commonwealth applies' and substitute 'Subdivision M of Division 3 of Part 2 of the Native Title Act 1993 of the Commonwealth applies (which includes acts to which section 26(3) of that Act applies)'.
Clause 5 –
Insert in proposed paragraph (aa) 'for an exploration licence' after 'an application'.
Clause 8 –
Insert in paragraph (d) 'and last' after 'second'.
Clause 10 –
Insert '(wherever occurring)' after '''mining registrar"'.
Clause 15 –
Omit from paragraph (c) '(2), (2)(a) and (d)' and substitute '(2)(a), (b) and (d)'.
Clause 16 –
Omit proposed section 140A(2)(a) and substitute the following:
'(a) it is a renewal to which section 24IC of the Native Title Act applies, other than a renewal covered by section 24IC(4)(b) or (c) of that Act;
(b) it is a renewal to which section 26D of the Native Title Act applies; or'.
Insert in proposed section 140A(2)(b) 'or (9)' after 'section 228(4)'.
Omit from proposed section 140A(3) 'if it is a variation to which section 24IC or 26D of the Native Title Act applies' and substitute the following:
'if —
(a) it is a variation to which section 24IC of the Native Title Act applies, other than a variation covered by section 24IC(4)(b) or (c) of that Act; or
(b) it is a variation to which section 26D of the Native Title Act applies.'.
Omit proposed section 140B(1) and substitute the following:
'"(1) Subject to subsection (2), this Part applies in relation to a prescribed mining act that affects native title rights and interests and —
(a) that is an act to which section 24MD(6B)(b) of the Native Title Act applies; or
(b) that —
(i) is an act to which Subdivision P of Division 3 of Part 2 of the Native Title Act applies; and
(ii) relates, to any extent, to an area of land that is an alternative provision area.'.
Insert in proposed section 140B(2) 'relevant' before 'Minister'.
Insert in proposed section 140E(1)(a) 'relevant' before 'Minister'.
Omit paragraph (a) of the definition of 'notification event' in proposed subsection 140E(7) and substitute the following:
'(a) if the prescribed mining act is the grant of an exploration licence — the notification of the applicant in writing that, subject to compliance with this Part, the Minister proposes to grant the licence to the applicant; or'.
Insert in proposed section 140F(3)(a) 'relevant' before 'Minister'.
Insert in proposed section 140G(2) 'relevant' before 'Minister'.
Insert after proposed section 140K(1) the following:
'"(1A) Where the relevant Minister is satisfied under subsection (1)(e) that it is in the interests of the Territory not to comply with the recommendation of the Tribunal, the relevant Minister may —
(a) reject the recommendation; or
(b) accept the recommendation and reject, vary, or substitute his or her own conditions for, any of the conditions contained in the recommendation,
and may proceed to determine the application for the prescribed mining act accordingly.'.
Omit from proposed section 140L(1) 'where the prescribed mining act' and substitute 'that'.
Clause 18 –
Insert after paragraph (a) the following:
'(aa) by omitting from subsection (1) "and before publication of a notice under section 163".'.
Clause 21 –
Add at the end the following:
'"191F. PROCEDURAL RIGHTS IN RESPECT OF PRESCRIBED MINING ACTS WHERE PART XIA DOES NOT APPLY
'"(1) This section applies in relation to prescribed mining acts to which Part XIA does not apply.
'"(2) Where a prescribed mining act to which this section applies affects native title rights and interests —
(a) the native title holders; and
(b) the registered native title claimants (if any) in relation to the land or waters concerned,
have the same procedural rights as they would have in relation to the prescribed mining act on the assumption that they instead held ordinary title to any land concerned and to the land adjoining, or surrounding, any waters concerned.
'"(3) Compensation for the effect on native title of a prescribed mining act to which this section applies —
(a) is payable by the holder of the mining interest to which the prescribed mining act relates;
(b) includes compensation for the effect on native title of activities done under the mining interest as a result of the prescribed mining act; and
(c) is to be determined in accordance with Division 5 of Part 2 of the Native Title Act.".'.
Clause 23 –
Insert in subclause (3) 'relevant' before 'Minister' (wherever occurring).
Bill, as amended, agreed to.
Bill to be reported with amendments.
Petroleum Amendment Bill 1998 (Serial 86):
Bill, by leave, taken as a whole.
On the motion of Mr Stone the following amendments, Schedules 20 and 26, standing in his name were taken together, by leave, and agreed to -
Clause 2 –
Omit from subclause (2) 'section 24MD(6B) of the Native Title Act 1993 of the Commonwealth applies' and substitute 'Subdivision M of Division 3 of Part 2 of the Native Title Act 1993 of the Commonwealth applies (which includes acts to which section 26(3) of that Act applies)'.
Clause 6 –
Omit proposed section 57B(2)(a) and substitute the following:
'(a) it is a renewal to which section 24IC of the Native Title Act applies, other than a renewal covered by section 24IC(4)(b) or (c) of that Act;
(aa) it is a renewal to which section 26D of the Native Title Act applies; or';
Omit proposed section 57C(1) and substitute the following:
'(1) This Part applies in relation to a prescribed petroleum act that affects native title rights and interests and —
(a) that is an act to which section 24MD(6B)(b) of the Native Title Act applies; or
(b) that —
(i) is an act to which Subdivision P of Division 3 of Part 2 of the Native Title Act applies; and
(ii) relates, to any extent, to an area of land that is an alternative provision area.';
Insert after proposed section 57L(1) the following:
'(1A) Where the Minister is satisfied under subsection (1)(e) that it is in the interests of the Territory not to comply with the recommendation of the Tribunal, the Minister may —
(a) reject the recommendation; or
(b) accept the recommendation and reject, vary, or substitute his or her own conditions for, any of the conditions contained in the recommendation,
and may proceed to determine the application for the prescribed petroleum act accordingly.'; and
Omit from proposed section 57M(1) 'where the prescribed petroleum act' and substitute 'that';
Clause 8 –
Insert in proposed paragraph (b) 'petroleum' after 'prescribed';
Clause 12 –
Add at the end the following:
'"117C. PROCEDURAL RIGHTS IN RESPECT OF PRESCRIBED PETROLEUM ACTS WHERE PART IIA DOES NOT APPLY
'"(1) This section applies in relation to prescribed petroleum acts to which Part IIA does not apply.
'"(2) Where a prescribed petroleum act to which this section applies affects native title rights and interests —
(a) the native title holders; and
(b) the registered native title claimants (if any) in relation to the land or waters concerned,
have the same procedural rights as they would have in relation to the prescribed petroleum act on the assumption that they instead held ordinary title to any land concerned and to the land adjoining, or surrounding, any waters concerned.
'"(3) Compensation for the effect on native title of a prescribed petroleum act to which this section applies —
(a) is payable by the holder of the petroleum interest to which the prescribed petroleum act relates;
(b) includes compensation for the effect on native title of activities done under the petroleum interest as a result of the prescribed petroleum act; and
(c) is to be determined in accordance with Division 5 of Part 2 of the Native Title Act.".'.
Bill, as amended, agreed to.
Bill to be reported with amendments.
Petroleum (Submerged Lands) Amendment Bill 1998 (Serial 87):
Bill, by leave, taken as a whole.
On the motion of Mr Stone the following amendments, Schedule 21, standing in his name were taken together, by leave, and agreed to -
Clause 4 –
Omit from paragraph (a) '"natural resources"' and substitute '"location"';
Clause 5 –
Insert in proposed section 15A 'done' after 'acts' (first occurring);
Omit from proposed section 15A 'Subdivision' and substitute 'Subdivision N';
Omit proposed section 15B(b) and substitute the following:
'(b) the registered native title claimants (if any) in relation to land or waters in the area concerned,';
Insert in proposed section 15B 'any' before 'corresponding';
Omit proposed section 15C(a) and substitute the following:
'(a) is payable by the holder of the permit, lease, licence, pipeline licence, consent under section 60 or 123, special prospecting authority or access
authority to which the act relates (in this section called 'the petroleum interest');'.
Bill, as amended, agreed to.
Bill to be reported with amendments.
Validation of Titles and Actions Amendment Bill 1998 (Serial 88):
Bill, by leave, taken as a whole.
On the motion of Mr Stone the following amendments, Schedules 22 and 27, standing in his name were taken together, by leave, and agreed to -
Clause 11 –
Omit from the heading to proposed Part 3B 'EFFECT OF VALIDITY OF' and substitute 'EXTINGUISHMENT OF NATIVE TITLE BY';
Omit the heading to proposed Part 3C and substitute the following:
'PART 3C — EFFECT OF PREVIOUS NON-EXCLUSIVE POSSESSION ACTS
ON NATIVE TITLE';
Insert in proposed section 9B 'applies' before 'extinguishes';
Omit from proposed section 9C(1) 'applies (which deals with public works)' and substitute '(which deals with public works) applies';
Omit proposed section 9G and substitute the following:
'"9G. APPLICATION
'"This Part applies to all previous exclusive possession acts.';
Omit proposed section 9K(1) and substitute the following:
'"(1) Subject to subsection (2), this Part applies to all previous non-exclusive possession acts.';
Insert in proposed section 9L 'possession' after 'non-exclusive'; and
Insert in proposed section 9M(1) 'possession' after 'non-exclusive'.
Clause 14 –
Omit from subclause (1) all the words after 'that Commonwealth Act' and substitute the following:
'affects —
(a) the validity of any of the following acts that are attributable to the Territory:
(i) a past act;
(ii) an intermediate period act;
(iii) a previous exclusive possession act;
(iv) a previous non-exclusive possession act;
(v) an act that is not otherwise referred to in subparagraph (i), (ii), (iii) or (iv) and was done on or before 23 December 1996; or
(b) the effect of the validation of an act referred to in paragraph (a) on native title.';
Bill, as amended, agreed to.
Bill to be reported with amendments.
Energy Pipelines Amendment Bill 1998 (Serial 89):
Bill, by leave, taken as a whole.
On the motion of Mr Stone the following amendments, Schedules 23 and 28, standing in his name were taken together, by leave, and agreed to -
Clause 2 –
Omit from subclause (2) 'section 24MD(6B) of the Native Title Act 1993 of the Commonwealth applies' and substitute 'Subdivision M of Division 3 of Part 2 of the Native Title Act 1993 of the Commonwealth applies (which includes acts to which section 26(3) of that Act applies)';
Clause 4 –
Omit paragraphs (m) and (n) and substitute the following:
'(m) by inserting after the definition of "relinquished area" in subsection (1) the following:
"'representative Aboriginal/Torres Strait Islander body' has the meaning given in section 253 of the Native Title Act;
'Tribunal' means the Lands and Mining Tribunal established by the Lands and Mining Tribunal Act;".';
Clause 8 –
Omit proposed section 43A(2)(a) and substitute the following:
'(a) it is a renewal to which section 24IC of the Native Title Act applies, other than a renewal covered by section 24IC(4)(b) or (c) of that Act;
(aa) it is a renewal to which section 26D of the Native Title Act applies; or';
Omit from proposed section 43A(3) 'if it is a variation to which section 24IC or 26D of the Native Title Act applies' and substitute the following:
'if —
'(a) it is a variation to which section 24IC of the Native Title Act applies, other than a variation covered by section 24IC(4)(b) or (c) of that Act; or
(b) it is a variation to which section 26D of the Native Title Act applies.';
Insert in proposed section 43A(3) 'pipeline' after 'prescribed';
Insert in proposed section 43A(4) 'extended,' after 'granted,';
Omit proposed section 43B(1) and substitute the following:
'(1) This Part applies in relation to a prescribed pipeline act that affects native title rights and interests and —
(a) that is an act to which section 24MD(6B)(b) of the Native Title Act applies; or
(b) that —
(i) is an act to which Subdivision P of Division 3 of Part 2 of the Native Title Act applies; and
(ii) relates, to any extent, to an area of land that is an alternative provision area within the meaning of section 43A(2) of the Native Title Act.';
Insert after proposed section 43K(1) the following:
'"(1A) Where the Minister is satisfied under subsection (1)(e) that it is in the interests of the Territory not to comply with the recommendation of the Tribunal, the Minister may —
(a) reject the recommendation; or
(b) accept the recommendation and reject, vary, or substitute his or her own conditions for, any of the conditions contained in the recommendation,
and may proceed to determine the application for the prescribed pipeline act accordingly.'; and
Omit from proposed section 43L(1) 'where the prescribed pipeline act' and substitute 'that';
Clause 9 –
Add at the end the following:
'"67D. PROCEDURAL RIGHTS IN RESPECT OF PRESCRIBED PIPELINE ACTS WHERE PART IVA DOES NOT APPLY
'"(1) This section applies in relation to prescribed pipeline acts to which Part IVA does not apply.
'"(2) Where a prescribed pipeline act to which this section applies affects native title rights and interests —
(a) the native title holders; and
(b) the registered native title claimants (if any) in relation to the land or waters concerned,
have the same procedural rights as they would have in relation to the prescribed pipeline act on the assumption that they instead held ordinary title to any land concerned and to the land adjoining, or surrounding, any waters concerned.
'"(3) Compensation for the effect on native title of a prescribed pipeline act to which this section applies —
(a) is payable by the holder of the pipeline interest to which the prescribed pipeline act relates;
(b) includes compensation for the effect on native title of activities done under the pipeline interest as a result of the prescribed pipeline act; and
(c) is to be determined in accordance with Division 5 of Part 2 of the Native Title Act.".'.
Bill, as amended, agreed to.
Bill to be reported with amendments.
The Deputy Speaker (Mr Balch) resumed the Chair; the Chairman (Mr Mitchell) reported that the Committee had considered the Bills and agreed to the Lands Acquisition Amendment Bill (No. 2) 1998 (Serial 83) with amendments; Lands and Mining Tribunal Bill 1998 (Serial 84) with amendments; Mining Amendment Bill 1998 (Serial 85) with amendments; Petroleum Amendment Bill 1998 (Serial 86) with amendments; Petroleum (Submerged Lands) Amendment Bill 1998 (Serial 87) with amendments; Validation of Titles and Actions Amendment Bill 1998 (Serial 88) with amendments; and the Energy Pipelines Amendment Bill 1998 (Serial 89) with amendments.
On the motion of the Attorney-General (Mr Stone) the Bills were read a third time and passed to be proposed laws.
25. ADJOURNMENT:
The Chief Minister (Mr Stone) moved- That the Assembly do now adjourn.
Debate ensued.
Papers tabled: The member for Stuart (Mr Toyne), by leave, laid on the Table the following Papers -
Northern Territory Certificate of Motor Vehicle Registration issued to Raymond James Bryant, dated 05/01/1998 (Paper 573); and
Northern Territory Certificate of Motor Vehicle Registration issued to Raymond James Bryant, dated 06/08/1998 (Paper 574).
Debate continued.
And the Assembly adjourned at 20:59 h until 10:00 h on Thursday 20 August 1998.
All members attended the sitting.
__________________________________________________________________________________
Date : 19/08/1998
1. MEETING:
The Assembly met at 10:00 h.. The Speaker, the Honourable L M Braham, took the Chair.
2. PRAYERS.
3. DISTINGUISHED VISITOR:
The Speaker (Mrs Braham) drew attention to the presence in the Speaker’s Gallery of Mr Hyacinth Tungutalum, former Member of the Legislative Assembly for the electorate of Tiwi.
On behalf of Honourable Members, the Speaker extended a warm welcome to the visitor.
4. VISITORS:
The Speaker (Mrs Braham) drew attention to the presence in the gallery of Year 5/6 and Year 7 students from Ludmilla Primary School, and their teacher, Mrs Stephanie Sturtz.
On behalf of Honourable Members, the Speaker extended a warm welcome to the visitors.
5. NOTICES:
The following notices were given:
Mr Reed: To present the Mineral Royalty Amendment Bill 1998 (Serial 96).
Mr Reed: To present the Energy Resources Consumption Levy (Waiver of Levy) Bill 1998 (Serial 95).
Mr Reed: To present the Stamp Duty Amendment Bill 1998 (Serial 92).
6. QUESTIONS:
10:03 Mrs Hickey to Mr Stone.
10:09 Mr Lugg to Mr Stone.
10:15 Mrs Hickey to Mr Poole.
10:18 Mr Balch to Mr Coulter.
10:23 Mr Toyne to Mr Stone.
10:28 Dr Lim to Mr Poole.
10:33 Mr Ah Kit to Mr Stone.
10:40 Mr Elferink to Mr Stone.
10:41 Mr Bailey to Mr Stone.
10:48 Mr Dunham to Mr Burke.
10:51 Mr Rioli to Mr Stone.
10:52 Mr Mitchell to Mr Manzie.
10:57 Mr McCarthy to Mr Coulter.
7. STANDING ORDERS COMMITTEE – SECOND REPORT, 8th ASSEMBLY – PAPER TABLED – PAPER PRINTED – MOTION TO NOTE AND ADOPT REPORT:
The Leader of Government Business (Mr Coulter) laid on the Table the Second Report of the Standing Orders Committee, 8TH Assembly (Paper 568).
Mr Coulter moved – That the Report be printed.
Question - put and passed.
Mr Coulter moved – That the Assembly take note of the Report and adopt recommended amendments to Standing Orders.
Debate ensued.
__________________________
Member named and suspended: The Speaker named the Member for Wanguri (Mr Bailey) for his offensive comments and disorderly conduct.
The Leader of Government Business (Mr Coulter) moved - That the Member for Wanguri (Mr Bailey) be suspended from the service of the Assembly.
Question - put.
The Assembly divided (the Speaker, Hon. L.M. Braham, in the Chair) -
AYES, 16 NOES, 7
Mr Adamson Mr Ah Kit
Mr Balch Mr Bailey
Mr Baldwin Mrs Hickey
Mr Burke Ms Martin
Mr Coulter Mr Rioli
Mr Dunham Mr Stirling
Mr Elferink Mr Toyne
Mr Hatton
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Palmer
Mr Poole
Mr Reed
Mr Stone
And so it was resolved in the affirmative.
Motion agreed to.
The Member for Wanguri (Mr Bailey) was therefore, suspended at 11:12 h for one day, pursuant to Standing Order 241, and accordingly he withdrew from the Chamber.
__________________________
Debate resumed on the question – That the Assembly take note of the Report and adopt the recommended amendments to Standing Orders.
Ordered – That the Member for Nhulunbuy (Mr Stirling) have leave to continue his remarks at a later hour.
Debate adjourned.
8. ALTERATION TO ORDER OF BUSINESS:
The Leader of Government Business (Mr Coulter) moved – That intervening business be postponed until after consideration of Notice No. 5 standing in the name of the Chief Minister (Mr Stone) relating to the question for the Referendum pursuant to Section 5 of the Referendums Act.
Question - put and passed.
9. REFERENDUM QUESTION, PURSUANT TO SECTION 5, REFERENDUMS ACT – MOTION AGREED TO:
The Chief Minister (Mr Stone), pursuant to notice and pursuant to Section 5 of the Referendums Act moved –
that this Assembly resolve that the following question be submitted to electors at a referendum:
“Now that a constitution for a State of the Northern Territory has been recommended by the Statehood Convention and endorsed by the Northern Territory Parliament:-
Do you agree that we should become a state?”. (Paper 570)
Debate ensued.
____________________
Suspension of sitting: The sitting was suspended between 11:49 h and 14:00 h.
____________________
Debate resumed.
The Leader of the Opposition (Mrs Hickey) moved the following amendment -
Omit all words after “resolve” and substitute –
“that the following questions be submitted to electors at a referendum:
(a) Do you agree with the Northern Territory becoming a State?
(b) Do you agree that the name of the State should be the State of the Northern Territory?
(c) Do you agree that the proposed constitution which has been distributed throughout the Territory by the Northern Territory Government in recent times should be adopted as the constitution of the State?”. (Paper 571)
Debate continued.
The Leader of Government Business (Mr Coulter) moved – That the question be now put.
Question – That the question be now put – put.
The Assembly divided (the Speaker, Hon L M Braham, in the Chair) -
AYES, 16 NOES, 6
Mr Adamson Mr Ah Kit
Mr Balch Mrs Hickey
Mr Baldwin Ms Martin
Mr Burke Mr Rioli
Mr Coulter Mr Stirling
Mr Dunham Mr Toyne
Mr Elferink
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Stone
And so it was resolved in the affirmative.
Question - That the amendment be agreed to - put.
The Assembly divided (the Speaker, Hon L M Braham, in the Chair) -
AYES, 6 NOES, 16
Mr Ah Kit Mr Adamson
Mrs Hickey Mr Balch
Ms Martin Mr Baldwin
Mr Rioli Mr Burke
Mr Stirling Mr Coulter
Mr Toyne Mr Dunham
Mr Elferink
Dr Lim
Mr Lugg
Mr McCarthy
Mr Manzie
Mr Mitchell
Mr Palmer
Mr Poole
Mr Reed
Mr Stone
And so it was resolved in the negative.
Amendment negatived accordingly.
Debate resumed on the motion moved by the Chief Minister (Mr Stone).
Question – put and passed.
10. REFERENDUM QUESTION - RESOLUTION TO BE COMMUNICATED TO THE ADMINISTRATOR AND CHIEF ELECTORAL OFFICER:
The Speaker advised honourable members, pursuant to section 5 of the Referendum Act, the resolution of the Assembly would be communicated to His Honour the Administrator and to the Chief Electoral Officer.
Madam Speaker addressed Members in the following terms, pursuant to section 10(2) of the Referendums Act –
If the Legislative Assembly resolves to submit a question to electors that does not relate to a proposed law passed by the Legislative Assembly, the Speaker may call for members to nominate whether they are in favour of the question or whether they are not in favour of the question.
Accordingly, at a time to be fixed by the Assembly, I propose to call for members to nominate whether they are in favour of the question or not in favour of the question, for the purposes of authorising arguments for distribution to electors.
11. FIXING TIME FOR MEMBERS TO NOMINATE WHETHER THEY ARE IN FAVOUR OR NOT IN FAVOUR OF REFERENDUM QUESTION FOR PURPOSES OF AUTHORISING ARGUMENTS – MOTION AGREED TO:
The Chief Minister (Mr Stone) moved – That –
(a) the call for members to nominate whether they are in favour of the question or whether they are not in favour of the question for the purposes of authorising arguments for and against the question for distribution to electors, be made an Order of the Day for the next day of sitting; and
(b) unless otherwise ordered, the call for nominations be conducted immediately after the ringing of the bells and Prayers, at the sitting of the Assembly on Thursday, 20 August 1998.
Question – put and passed.
12. CRIMINAL CODE AMENDMENT BILL 1998 (Serial 91):
The Attorney-General (Mr Stone), pursuant to notice, presented a Bill for an Act to amend the Criminal Code.
Bill read a first time.
Mr Stone moved - That the Bill be now read a second time.
On the motion of the Leader of the Opposition (Mrs Hickey) debate was adjourned.
13. PUBLIC TRUSTEE AMENDMENT BILL 1998 (Serial 94):
The Attorney-General (Mr Stone), pursuant to notice, presented a Bill for an Act to amend the Public Trustee Act.
Bill read a first time.
Mr Stone moved - That the Bill be now read a second time.
On the motion of the Leader of the Opposition (Mrs Hickey) debate was adjourned.
14. NORTHERN TERRITORY TOURIST COMMISSION AMENDMENT BILL 1998 (Serial 97):
The Minister for Tourism (Mr Stone), pursuant to notice, presented a Bill for an Act to amend the Northern Territory Tourist Commission Act.
Bill read a first time.
Mr Stone moved - That the Bill be now read a second time.
On the motion of the Leader of the Opposition (Mrs Hickey) debate was adjourned.
15. CULLEN BAY MARINA AMENDMENT BILL 1998 (Serial 98):
The Attorney-General (Mr Stone), pursuant to notice, presented a Bill for an Act to amend the Cullen Bay Marina Act.
Bill read a first time.
Mr Stone moved - That the Bill be now read a second time.
On the motion of the Leader of the Opposition (Mrs Hickey) debate was adjourned.
16. RACING AND BETTING AMENDMENT BILL 1998 (Serial 90):
The Minister for Racing and Gaming (Mr Adamson), pursuant to notice, presented a Bill for an Act to amend the Racing and Betting Act.
Bill read a first time.
Mr Adamson moved - That the Bill be now read a second time.
On the motion of the Member for Fannie Bay (Ms Martin ) debate was adjourned.
17. DARWIN PORT AUTHORITY AMENDMENT BILL 1998 (Serial 93):
The Minister for Territory Ports (Mr Coulter), pursuant to notice, presented a Bill for an Act to amend the Darwin Port Authority Act.
Bill read a first time.
Mr Coulter moved - That the Bill be now read a second time.
On the motion of the Leader of the Opposition (Mrs Hickey ) debate was adjourned.
18. ADMINISTRATORS PENSIONS AMENDMENT BILL 1998 (Serial 57); LEGISLATIVE ASSEMBLY MEMBERS' SUPERANNUATION AMENDMENT BILL 1998 (Serial 58); SUPREME COURT (JUDGES PENSIONS) AMENDMENT BILL 1998 (Serial 59); SUPERANNUATION AMENDMENT BILL 1998 (Serial 60); and SUPERANNUATION GUARANTEE (SAFETY NET) AMENDMENT BILL 1998 (Serial 61) :
The Order of the Day having been read for resumption of the 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 the consideration of the Bills.
____________________
In the Committee
(Chairman - Mr Mitchell)
In the Committee
(Chairman - Mr Mitchell)
Administrators Pensions Amendment Bill 1998 (Serial 57):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
Legislative Assembly Members' Superannuation Amendment Bill 1998 (Serial 58):
Bill, by leave, taken as a whole.
On the motion of Mr Reed the following amendment was agreed to, after debate -
Insert after clause 7:
“7A. REPEAL
“Section 28 of the Principal Act is repealed.”.
Bill, as amended, agreed to.
Bill to be reported with an amendment.
Supreme Court (Judges Pensions) Amendment Bill 1998 (Serial 59):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
Superannuation Amendment Bill 1998 (Serial 60):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
Superannuation Guarantee (Safety Net) Amendment Bill 1998 (Serial 61):
Bill, by leave, taken as a whole and agreed to.
Bill to be reported without amendment.
-------------------
The Speaker (Mrs Braham) resumed the Chair; the Chairman (Mr Mitchell) reported that the Committee had considered the Bills and agreed to Administrators Pensions Amendment Bill 1998 (Serial 57) without amendment; Legislative Assembly Members' Superannuation Amendment Bill 1998 (Serial 58) with an amendment; Supreme Court (Judges Pensions) Amendment Bill 1998 (Serial 59) without amendment; Superannuation Amendment Bill 1998 (Serial 60) without amendment; and the Superannuation Guarantee (Safety Net) Amendment Bill 1998 (Serial 61) without amendment.
On the motion of the Treasurer (Mr Reed) the Bills were read a third time and passed to be proposed laws.
19. DISCHARGE OF MENTAL HEALTH AND RELATED SERVICES BILL 1997 (SERIAL 39):
The Leader of Government Business (Mr Coulter) moved - That the Mental Health and Related Services Bill 1997 (Serial 39) be discharged from the Notice Paper.
Question - put and passed.
20. PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT AMENDMENT BILL 1998 (Serial 69):
The order of the day having been read for resumption of debate on the question – That the Bill be now read second time -
Debate ensued.
Question - put and passed.
Bill read a second time.
____________________
In the Committee
(Chairman - Mr Mitchell)
In the Committee
(Chairman - Mr Mitchell)
Clauses 1 to 3, by leave, taken together and agreed to.
On the motion of the Minister for Public Employment (Mr Reed) the following amendment was agreed to, after debate –
Insert after clause 3 the following -
“3A. INTERPRETATION
“Section 3 of the Principal Act is amended —
(a) by omitting from paragraph (c) of the definition of "Executive Contract of Employment" in subsection (1) "term" and substituting "period"; and
(b) by inserting after the definition of "Executive Contract of Employment" in subsection (1) the following:
" 'fixed period', in relation to an appointment, means the maximum period for which (subject to this Act and the terms of the appointment) the appointment has effect;”.
Clause, as amended, agreed to.
Clauses 4 to 6, by leave, taken together and agreed to.
On the motion of Mr Reed the following amendment was agreed to –
Insert after clause 6 -
‘6A. CHIEF EXECUTIVE OFFICERS TO APPOINT, PROMOTE AND TRANSFER
'Section 29 of the Principal Act is amended by adding at the end the following:
' "(6) A reference in this section to an appointment on a temporary basis is to be read as including a reference to an appointment under an Executive Contract of Employment.".'.
Clause, as amended, agreed to.
Clause 7 agreed to.
Clause 8 negatived.
On the motion of Mr Reed the following amendment was agreed to -
Insert after clause 7 -
'8. TEMPORARY AND FIXED PERIOD EMPLOYMENT
'Section 34 of the Principal Act is amended —
(a) by omitting from subsection (2) "contract" and "term" and substituting "a temporary basis" and "period", respectively;
(b) by omitting from subsection (5) "contract is" and substituting "appointment is under"; and
(c) by adding at the end the following:
"(8) A reference in this section to an appointment on a temporary basis is to be read as including a reference to an appointment under an Executive Contract of Employment.".'.
Remainder of the Bill, by leave, taken as a whole and agreed to, after debate.
Bill to be reported with amendments.
--------------
The Deputy Speaker (Mr Balch) resumed the Chair; the Chairman (Mr Mitchell) reported that the Committee had considered the Bill and agreed to same with amendments; and the report was adopted.
On the motion of the Minister for Public Employment (Mr Reed) the Bill was read third time and passed to be a proposed law.
21. WASTE MANAGEMENT AND POLLUTION CONTROL BILL 1998 (Serial 41); and WASTE MANAGEMENT AND POLLUTION CONTROL (CONSEQUENTIAL AMENDMENTS) BILL 1998 (Serial 43):
The Order of the Day having been read for resumption of debate on the question – That the Bills be now read a second time -
Debate ensued.
Paper tabled: The Minister for Lands, Planning and Environment (Mr Palmer) laid on the Table the following Paper –
Strategy for Waste Management and Pollution Control in the Northern Territory, A Progress Report, dated June 1998, Department of Lands, Planning and Environment (Paper 572).
Debate continued.
Question put and passed.
Bills read a second time.
Leave granted for a motion for the third reading of the Bills to be moved forthwith.
On the motion of the Minister for Lands, Planning and Environment (Mr Palmer) the Bills were read a third time and passed to be proposed laws.
22. ALTERATION TO ORDER OF BUSINESS:
The Chief Minister (Mr Stone) moved – That Government Business, Order of the Day, No 5 be called on forthwith.
Question – put and passed.
23. LOCAL COURT AMENDMENT BILL 1998 (Serial 77) and JUSTICES AMENDMENT BILL 1998 (Serial 78):
Suspension of Standing Orders - Pass two Bills through all stages: The Attorney-General (Mr Stone), by leave, moved - That so much of Standing Orders be suspended as would prevent the Local Court Amendment Bill 1998 (Serial 77) and the Justices Amendment Bill 1998 (Serial 78) passing through all stages at these sittings.
Question –put and passed – there being an absolute majority of the whole number of Members present and no dissentient voice.
The Order of the Day having been read for resumption of debate on the question – That the Bills be now read a second time -
Debate ensued.
Question – put and passed.
Bills be read a second time.
Leave granted for a motion for the third readings of the Bills to be moved forthwith.
On the motion of the Attorney-General (Mr Stone) the Bills were read a third time and passed to be proposed laws.
24. LANDS ACQUISITION AMENDMENT BILL (No. 2) 1998 (Serial 83); LANDS AND MINING TRIBUNAL BILL 1998 (Serial 84); MINING AMENDMENT BILL 1998 (Serial 85); PETROLEUM AMENDMENT BILL 1998 (Serial 86); PETROLEUM (SUBMERGED LANDS) AMENDMENT BILL 1998 (Serial 87); VALIDATION OF TITLES AND ACTIONS AMENDMENT BILL 1998 (Serial 88); and ENERGY PIPELINES AMENDMENT BILL 1998 (Serial 89):
Suspension of Standing Orders - Pass seven Bills through all stages: The Attorney-General (Mr Stone) moved - That so much of Standing Orders be suspended as would prevent the Lands Acquisition Amendment Bill (No. 2) 1998 (Serial 83); the Lands and Mining Tribunal Bill 1998 (Serial 84); the Mining Amendment Bill 1998 (Serial 85); the Petroleum Amendment Bill 1998 (Serial 86); the Petroleum (Submerged Lands) Amendment Bill 1998 (Serial 87); the Validation of Titles and Actions Amendment Bill 1998 (Serial 88); and the Energy Pipelines Amendment Bill 1998 (Serial 89), passing through all stages at these sittings.
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
The Order of the Day having been read for 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 Bills.
____________________
In the Committee
(Chairman - Mr Mitchell)
In the Committee
(Chairman - Mr Mitchell)
Lands Acquisition Amendment Bill (No. 2) 1998 (Serial 83):
Bill, by leave, taken as a whole.
On the motion of Mr Stone the following amendments, scheduled as numbers 17 and 24, standing in his name were taken together, by leave, and agreed to -
Clause 2 –
Omit from subclause (3) 'section 24MD(6B) of the Native Title Act 1993 of the Commonwealth applies' and substitute 'Subdivision M of Division 3 of Part 2 of the Native Title Act 1993 of the Commonwealth applies (which includes acts to which section 26(1)(iii)(A) or (B), 26(2)(f) or 26(3) of that Act applies)';
Clause 4 –
Omit paragraph (f) and substitute the following:
'(f) by inserting after the definition of "mortgage" in subsection (1) the following:
"'native title' and 'native title rights and interests' have the meaning given in section 223 of the Native Title Act;
'Native Title Act' means the Native Title Act 1993 of the Commonwealth;
'native title holder' has the meaning given in section 224 of the Native Title Act;";'; and
Omit paragraph (k) and substitute the following:
'(k) by omitting from subsection (1) the definitions of "Registrar", "rules" and "Tribunal" and substituting the following:
"'registered native title body corporate' has the meaning given in section 253 of the Native Title Act;
'registered native title claimant' has the meaning given in section 253 of the Native Title Act;
'registered native title rights and interests' has the meaning given in section 30(3) of the Native Title Act;
'representative Aboriginal/Torres Strait Islander body' has the meaning given in section 253 of the Native Title Act;
'Tribunal’ means the Lands and Mining Tribunal established by the Lands and Mining Tribunal Act.".';
Clause 5 –
Omit from proposed section 5A all the words after 'interests' and substitute the following:
'(a) that is an act to which Subdivision M of Division 3 of Part 2 of the Native Title Act applies (which includes acts to which section 26(1)(iii)(A) or (B), 26(2)(f) or 26(3) of that Act applies); or
(b) that —
(i) is an act to which Subdivision P of Division 3 of Part 2 of the Native Title Act applies; and
(ii) relates, to any extent, to an area of land that is an alternative provision area within the meaning of section 43A(2) of the Native Title Act.';
Clause 10 -
Omit proposed section 44(2) and substitute the following:
'(2) The Minister may acquire an interest in land in accordance with subsection (1) if —
(a) the acquisition does not affect native title rights and interests; and
(b) the interest to be acquired is an interest referred to in section 47.’;
Omit proposed section 44(3)(a)(ii) and substitute the following:
'(ii) is an act to which section 26(1)(c)(iii)(A) or (B) of the Native Title Act applies, other than an act to which section 24MD(6B)(a) of that Act applies; and'; and
Insert after proposed section 45(1) the following:
'"(1A) Where the Minister is satisfied under subsection (1)(e) that it is in the interests of the Territory not to comply with the recommendation of the Tribunal, the Minister may —
(a) reject the recommendation; or
(b) accept the recommendation and reject, vary, or substitute his or her own conditions for, any of the conditions contained in the recommendation,
and may acquire the land accordingly.'; and
Clause 42 –
Omit from proposed section 89A(3) 'acquisition of land' and substitute 'acquisition of an interest in land'; and
Omit proposed section 89A(3)(c).
Bill, as amended, agreed to.
Bill to be reported with amendments.
Lands and Mining Tribunal Bill 1998 (Serial 84):
Bill, by leave, taken as a whole.
On the motion of Mr Stone the following amendments, scheduled as number 18, standing in his name were taken together, by leave, and agreed to -
Clause 3 –
Insert after the definition of "registered native title claimant" in subclause (1) the following:
'"registered native title rights and interests" has the meaning given in section 30(3) of the Native Title Act;'; and
Insert after the definition of "Registrar" in subclause (1) the following:
'"rules" means rules made under section 20;';
Clause 7 –
Insert in subclause (2) 'under section 36' after 'mediator';
Clause 8 –
Omit 'under this Act' and substitute 'in respect of a proceeding';
Clause 12 –
Omit from subclause (1)(g) (ii) 'Petroleum' and substitute 'Energy Pipelines'; and
Clause 17 –
Omit paragraph (d)(ii) and (iii) and substitute the following:
'(ii) in the case of a proceeding under section 5(c), (e) or (g) — the Minister to whom administration of the Act under which it is proposed to do the prescribed mining, petroleum or pipeline act is allotted under an Administrative Arrangements Order.'; and
Add at the end the following:
'(2) In subsection (1), "decision" includes —
(a) a recommendation under section 5(a), (c), (e) or (g); and
(b) a determination under section 5(b), (d), (f) or (h).';
Clause 28 –
Omit from subclause (1) 'at least 3 other members' and substitute 'such other members as the Administrator may appoint'; and
Clause 32 –
Omit subclause (3) and substitute the following:
'(3) A member who makes a disclosure under subsection (1) —
(a) is not to constitute the Tribunal for the purpose of hearing the matter to which the disclosure relates; and
(b) is not to act as a mediator under section 36 in the matter.'.
Bill, as amended, agreed to.
Bill to be reported with amendments.
Mining Amendment Bill 1998 (Serial 85):
Bill, by leave, taken as a whole.
On the motion of Mr Stone the following amendments, Schedules 19 and 25, standing in his name were taken together, by leave, and agreed to -
Clause 2 -
Omit from subclause (2) 'section 24MD(6B) of the Native Title Act 1993 of the Commonwealth applies' and substitute 'Subdivision M of Division 3 of Part 2 of the Native Title Act 1993 of the Commonwealth applies (which includes acts to which section 26(3) of that Act applies)'.
Clause 5 –
Insert in proposed paragraph (aa) 'for an exploration licence' after 'an application'.
Clause 8 –
Insert in paragraph (d) 'and last' after 'second'.
Clause 10 –
Insert '(wherever occurring)' after '''mining registrar"'.
Clause 15 –
Omit from paragraph (c) '(2), (2)(a) and (d)' and substitute '(2)(a), (b) and (d)'.
Clause 16 –
Omit proposed section 140A(2)(a) and substitute the following:
'(a) it is a renewal to which section 24IC of the Native Title Act applies, other than a renewal covered by section 24IC(4)(b) or (c) of that Act;
(b) it is a renewal to which section 26D of the Native Title Act applies; or'.
Insert in proposed section 140A(2)(b) 'or (9)' after 'section 228(4)'.
Omit from proposed section 140A(3) 'if it is a variation to which section 24IC or 26D of the Native Title Act applies' and substitute the following:
'if —
(a) it is a variation to which section 24IC of the Native Title Act applies, other than a variation covered by section 24IC(4)(b) or (c) of that Act; or
(b) it is a variation to which section 26D of the Native Title Act applies.'.
Omit proposed section 140B(1) and substitute the following:
'"(1) Subject to subsection (2), this Part applies in relation to a prescribed mining act that affects native title rights and interests and —
(a) that is an act to which section 24MD(6B)(b) of the Native Title Act applies; or
(b) that —
(i) is an act to which Subdivision P of Division 3 of Part 2 of the Native Title Act applies; and
(ii) relates, to any extent, to an area of land that is an alternative provision area.'.
Insert in proposed section 140B(2) 'relevant' before 'Minister'.
Insert in proposed section 140E(1)(a) 'relevant' before 'Minister'.
Omit paragraph (a) of the definition of 'notification event' in proposed subsection 140E(7) and substitute the following:
'(a) if the prescribed mining act is the grant of an exploration licence — the notification of the applicant in writing that, subject to compliance with this Part, the Minister proposes to grant the licence to the applicant; or'.
Insert in proposed section 140F(3)(a) 'relevant' before 'Minister'.
Insert in proposed section 140G(2) 'relevant' before 'Minister'.
Insert after proposed section 140K(1) the following:
'"(1A) Where the relevant Minister is satisfied under subsection (1)(e) that it is in the interests of the Territory not to comply with the recommendation of the Tribunal, the relevant Minister may —
(a) reject the recommendation; or
(b) accept the recommendation and reject, vary, or substitute his or her own conditions for, any of the conditions contained in the recommendation,
and may proceed to determine the application for the prescribed mining act accordingly.'.
Omit from proposed section 140L(1) 'where the prescribed mining act' and substitute 'that'.
Clause 18 –
Insert after paragraph (a) the following:
'(aa) by omitting from subsection (1) "and before publication of a notice under section 163".'.
Clause 21 –
Add at the end the following:
'"191F. PROCEDURAL RIGHTS IN RESPECT OF PRESCRIBED MINING ACTS WHERE PART XIA DOES NOT APPLY
'"(1) This section applies in relation to prescribed mining acts to which Part XIA does not apply.
'"(2) Where a prescribed mining act to which this section applies affects native title rights and interests —
(a) the native title holders; and
(b) the registered native title claimants (if any) in relation to the land or waters concerned,
have the same procedural rights as they would have in relation to the prescribed mining act on the assumption that they instead held ordinary title to any land concerned and to the land adjoining, or surrounding, any waters concerned.
'"(3) Compensation for the effect on native title of a prescribed mining act to which this section applies —
(a) is payable by the holder of the mining interest to which the prescribed mining act relates;
(b) includes compensation for the effect on native title of activities done under the mining interest as a result of the prescribed mining act; and
(c) is to be determined in accordance with Division 5 of Part 2 of the Native Title Act.".'.
Clause 23 –
Insert in subclause (3) 'relevant' before 'Minister' (wherever occurring).
Bill, as amended, agreed to.
Bill to be reported with amendments.
Petroleum Amendment Bill 1998 (Serial 86):
Bill, by leave, taken as a whole.
On the motion of Mr Stone the following amendments, Schedules 20 and 26, standing in his name were taken together, by leave, and agreed to -
Clause 2 –
Omit from subclause (2) 'section 24MD(6B) of the Native Title Act 1993 of the Commonwealth applies' and substitute 'Subdivision M of Division 3 of Part 2 of the Native Title Act 1993 of the Commonwealth applies (which includes acts to which section 26(3) of that Act applies)'.
Clause 6 –
Omit proposed section 57B(2)(a) and substitute the following:
'(a) it is a renewal to which section 24IC of the Native Title Act applies, other than a renewal covered by section 24IC(4)(b) or (c) of that Act;
(aa) it is a renewal to which section 26D of the Native Title Act applies; or';
Omit proposed section 57C(1) and substitute the following:
'(1) This Part applies in relation to a prescribed petroleum act that affects native title rights and interests and —
(a) that is an act to which section 24MD(6B)(b) of the Native Title Act applies; or
(b) that —
(i) is an act to which Subdivision P of Division 3 of Part 2 of the Native Title Act applies; and
(ii) relates, to any extent, to an area of land that is an alternative provision area.';
Insert after proposed section 57L(1) the following:
'(1A) Where the Minister is satisfied under subsection (1)(e) that it is in the interests of the Territory not to comply with the recommendation of the Tribunal, the Minister may —
(a) reject the recommendation; or
(b) accept the recommendation and reject, vary, or substitute his or her own conditions for, any of the conditions contained in the recommendation,
and may proceed to determine the application for the prescribed petroleum act accordingly.'; and
Omit from proposed section 57M(1) 'where the prescribed petroleum act' and substitute 'that';
Clause 8 –
Insert in proposed paragraph (b) 'petroleum' after 'prescribed';
Clause 12 –
Add at the end the following:
'"117C. PROCEDURAL RIGHTS IN RESPECT OF PRESCRIBED PETROLEUM ACTS WHERE PART IIA DOES NOT APPLY
'"(1) This section applies in relation to prescribed petroleum acts to which Part IIA does not apply.
'"(2) Where a prescribed petroleum act to which this section applies affects native title rights and interests —
(a) the native title holders; and
(b) the registered native title claimants (if any) in relation to the land or waters concerned,
have the same procedural rights as they would have in relation to the prescribed petroleum act on the assumption that they instead held ordinary title to any land concerned and to the land adjoining, or surrounding, any waters concerned.
'"(3) Compensation for the effect on native title of a prescribed petroleum act to which this section applies —
(a) is payable by the holder of the petroleum interest to which the prescribed petroleum act relates;
(b) includes compensation for the effect on native title of activities done under the petroleum interest as a result of the prescribed petroleum act; and
(c) is to be determined in accordance with Division 5 of Part 2 of the Native Title Act.".'.
Bill, as amended, agreed to.
Bill to be reported with amendments.
Petroleum (Submerged Lands) Amendment Bill 1998 (Serial 87):
Bill, by leave, taken as a whole.
On the motion of Mr Stone the following amendments, Schedule 21, standing in his name were taken together, by leave, and agreed to -
Clause 4 –
Omit from paragraph (a) '"natural resources"' and substitute '"location"';
Clause 5 –
Insert in proposed section 15A 'done' after 'acts' (first occurring);
Omit from proposed section 15A 'Subdivision' and substitute 'Subdivision N';
Omit proposed section 15B(b) and substitute the following:
'(b) the registered native title claimants (if any) in relation to land or waters in the area concerned,';
Insert in proposed section 15B 'any' before 'corresponding';
Omit proposed section 15C(a) and substitute the following:
'(a) is payable by the holder of the permit, lease, licence, pipeline licence, consent under section 60 or 123, special prospecting authority or access
authority to which the act relates (in this section called 'the petroleum interest');'.
Bill, as amended, agreed to.
Bill to be reported with amendments.
Validation of Titles and Actions Amendment Bill 1998 (Serial 88):
Bill, by leave, taken as a whole.
On the motion of Mr Stone the following amendments, Schedules 22 and 27, standing in his name were taken together, by leave, and agreed to -
Clause 11 –
Omit from the heading to proposed Part 3B 'EFFECT OF VALIDITY OF' and substitute 'EXTINGUISHMENT OF NATIVE TITLE BY';
Omit the heading to proposed Part 3C and substitute the following:
'PART 3C — EFFECT OF PREVIOUS NON-EXCLUSIVE POSSESSION ACTS
ON NATIVE TITLE';
Insert in proposed section 9B 'applies' before 'extinguishes';
Omit from proposed section 9C(1) 'applies (which deals with public works)' and substitute '(which deals with public works) applies';
Omit proposed section 9G and substitute the following:
'"9G. APPLICATION
'"This Part applies to all previous exclusive possession acts.';
Omit proposed section 9K(1) and substitute the following:
'"(1) Subject to subsection (2), this Part applies to all previous non-exclusive possession acts.';
Insert in proposed section 9L 'possession' after 'non-exclusive'; and
Insert in proposed section 9M(1) 'possession' after 'non-exclusive'.
Clause 14 –
Omit from subclause (1) all the words after 'that Commonwealth Act' and substitute the following:
'affects —
(a) the validity of any of the following acts that are attributable to the Territory:
(i) a past act;
(ii) an intermediate period act;
(iii) a previous exclusive possession act;
(iv) a previous non-exclusive possession act;
(v) an act that is not otherwise referred to in subparagraph (i), (ii), (iii) or (iv) and was done on or before 23 December 1996; or
(b) the effect of the validation of an act referred to in paragraph (a) on native title.';
Bill, as amended, agreed to.
Bill to be reported with amendments.
Energy Pipelines Amendment Bill 1998 (Serial 89):
Bill, by leave, taken as a whole.
On the motion of Mr Stone the following amendments, Schedules 23 and 28, standing in his name were taken together, by leave, and agreed to -
Clause 2 –
Omit from subclause (2) 'section 24MD(6B) of the Native Title Act 1993 of the Commonwealth applies' and substitute 'Subdivision M of Division 3 of Part 2 of the Native Title Act 1993 of the Commonwealth applies (which includes acts to which section 26(3) of that Act applies)';
Clause 4 –
Omit paragraphs (m) and (n) and substitute the following:
'(m) by inserting after the definition of "relinquished area" in subsection (1) the following:
"'representative Aboriginal/Torres Strait Islander body' has the meaning given in section 253 of the Native Title Act;
'Tribunal' means the Lands and Mining Tribunal established by the Lands and Mining Tribunal Act;".';
Clause 8 –
Omit proposed section 43A(2)(a) and substitute the following:
'(a) it is a renewal to which section 24IC of the Native Title Act applies, other than a renewal covered by section 24IC(4)(b) or (c) of that Act;
(aa) it is a renewal to which section 26D of the Native Title Act applies; or';
Omit from proposed section 43A(3) 'if it is a variation to which section 24IC or 26D of the Native Title Act applies' and substitute the following:
'if —
'(a) it is a variation to which section 24IC of the Native Title Act applies, other than a variation covered by section 24IC(4)(b) or (c) of that Act; or
(b) it is a variation to which section 26D of the Native Title Act applies.';
Insert in proposed section 43A(3) 'pipeline' after 'prescribed';
Insert in proposed section 43A(4) 'extended,' after 'granted,';
Omit proposed section 43B(1) and substitute the following:
'(1) This Part applies in relation to a prescribed pipeline act that affects native title rights and interests and —
(a) that is an act to which section 24MD(6B)(b) of the Native Title Act applies; or
(b) that —
(i) is an act to which Subdivision P of Division 3 of Part 2 of the Native Title Act applies; and
(ii) relates, to any extent, to an area of land that is an alternative provision area within the meaning of section 43A(2) of the Native Title Act.';
Insert after proposed section 43K(1) the following:
'"(1A) Where the Minister is satisfied under subsection (1)(e) that it is in the interests of the Territory not to comply with the recommendation of the Tribunal, the Minister may —
(a) reject the recommendation; or
(b) accept the recommendation and reject, vary, or substitute his or her own conditions for, any of the conditions contained in the recommendation,
and may proceed to determine the application for the prescribed pipeline act accordingly.'; and
Omit from proposed section 43L(1) 'where the prescribed pipeline act' and substitute 'that';
Clause 9 –
Add at the end the following:
'"67D. PROCEDURAL RIGHTS IN RESPECT OF PRESCRIBED PIPELINE ACTS WHERE PART IVA DOES NOT APPLY
'"(1) This section applies in relation to prescribed pipeline acts to which Part IVA does not apply.
'"(2) Where a prescribed pipeline act to which this section applies affects native title rights and interests —
(a) the native title holders; and
(b) the registered native title claimants (if any) in relation to the land or waters concerned,
have the same procedural rights as they would have in relation to the prescribed pipeline act on the assumption that they instead held ordinary title to any land concerned and to the land adjoining, or surrounding, any waters concerned.
'"(3) Compensation for the effect on native title of a prescribed pipeline act to which this section applies —
(a) is payable by the holder of the pipeline interest to which the prescribed pipeline act relates;
(b) includes compensation for the effect on native title of activities done under the pipeline interest as a result of the prescribed pipeline act; and
(c) is to be determined in accordance with Division 5 of Part 2 of the Native Title Act.".'.
Bill, as amended, agreed to.
Bill to be reported with amendments.
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The Deputy Speaker (Mr Balch) resumed the Chair; the Chairman (Mr Mitchell) reported that the Committee had considered the Bills and agreed to the Lands Acquisition Amendment Bill (No. 2) 1998 (Serial 83) with amendments; Lands and Mining Tribunal Bill 1998 (Serial 84) with amendments; Mining Amendment Bill 1998 (Serial 85) with amendments; Petroleum Amendment Bill 1998 (Serial 86) with amendments; Petroleum (Submerged Lands) Amendment Bill 1998 (Serial 87) with amendments; Validation of Titles and Actions Amendment Bill 1998 (Serial 88) with amendments; and the Energy Pipelines Amendment Bill 1998 (Serial 89) with amendments.
On the motion of the Attorney-General (Mr Stone) the Bills were read a third time and passed to be proposed laws.
25. ADJOURNMENT:
The Chief Minister (Mr Stone) moved- That the Assembly do now adjourn.
Debate ensued.
Papers tabled: The member for Stuart (Mr Toyne), by leave, laid on the Table the following Papers -
Northern Territory Certificate of Motor Vehicle Registration issued to Raymond James Bryant, dated 05/01/1998 (Paper 573); and
Northern Territory Certificate of Motor Vehicle Registration issued to Raymond James Bryant, dated 06/08/1998 (Paper 574).
Debate continued.
And the Assembly adjourned at 20:59 h until 10:00 h on Thursday 20 August 1998.
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ATTENDANCE:All members attended the sitting.
Last updated: 04 Aug 2016