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Minutes of Proceedings - 1999-11-24

Eighth Assembly First Session 23/11/1999 Parliamentary Record No. 20
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Date : 24/11/1999
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1. MEETING:
    The Assembly met at 10.00 h. The Speaker, the Honourable T R McCarthy, took the Chair.

2. PRAYERS.

3. NOTICES:
    The following notices were given:
    Mr Burke: To present the Administrators Pensions Amendment Bill 1999 (Serial 203).
    Mr Burke: To present the Legislative Assembly Members’ Superannuation Amendment Bill 1999 (Serial 204).
    Mr Burke: To present the Supreme Court (Judges Pensions) Amendment Bill 1999 (Serial 205).
    Mr Reed: To present the Electricity Reform Bill 1999 (Serial 210).
    Mr Reed: To present the Utilities Commission Bill 1999 (Serial 211).
    Mr Reed: To present the Electricity Networks (Third Party Access) Bill 1999 (Serial 212).
    Mr Reed: To present the Power and Water Authority Amendment Bill (No. 2) 1999 (Serial 213).
    Mrs Braham: To present the Local Government Amendment Bill 1999 (Serial 207).
4. LEAVE OF ABSENCE:
    The Leader of the Opposition (Ms Martin), by leave, moved – That the Member for Barkly (Mrs Hickey) have leave of absence for this period of sittings, due to a family illness.
    Question – put and passed.
5. QUESTIONS:
    10:01 Ms Martin to Mr Burke.
    10:04 Mr Hatton to Mr Burke.
    10:08 Ms Martin to Mr Reed.
    10:18 Dr Lim to Mr Burke.
    10:21 Mr Henderson to Mr Burke.
    Paper tabled: The Member for Wanguri (Mr Henderson), by leave, laid on the Table the following Paper –
Letter, Dr Anthony Page, Royal Darwin Hospital to Honourable Warren Snowdon, dated 17 November 1999 re Aboriginal Interpreter Service (Paper 1628).

    10:27 Mr Stone to Mr Burke.
    10:31 Mr Rioli to Mr Burke.
    10:35 Mr Elferink to Mr Reed.
    10:40 Mr Toyne to Mr Dunham.
    Paper tabled: The Member for Stuart (Mr Toyne), by leave, laid on the Table the following Paper -
Memo, Mr M Bowden, General Manager, Territory Health Services to Alice Springs Hospital Staff, dated 21 October 1999 re Reduced Hospital Services during December/January (Paper 1629).

    10:50 Mr Mitchell to Mr Palmer.
    10:53 Mr Ah Kit to Mr Dunham.
    10:56 Mr Poole to Mr Dunham.

    The Leader of Government Business (Mr Palmer) asked that further questions be placed on the Question Paper.
6. VISITORS:
    The Speaker advised Members of the presence in the public galleries of Year 9 students from Darwin High School accompanied by their teachers Mrs Gleeson and Mr Smith.
    On behalf of all honourable Members the Speaker extended a warm welcome to the visitors.

7. REPORT OF THE SESSIONAL COMMITTEE ON THE ENVIRONMENT NOVEMBER 1999 – REPORT TABLED – REPORT PRINTED – MOTION TO TAKE NOTE OF REPORT:
    The Chairman of the Sessional Committee on the Environment (Dr Lim), by leave, laid on the Table the Report of the Sessional Committee on the Environment, November 1999 (Paper 1630).
    Dr Lim moved – That the Report be printed.
    Question – put and passed.
    Dr Lim moved – That the Assembly take note of the Report.
    Ordered – That Dr Lim have leave to continue his remarks at a later hour.
    Debate adjourned.
8. ECONOMIC DEVELOPMENT IN KAKADU REGION – MINISTERIAL STATEMENT – STATEMENT NOTED AND MOTION, AS AMENDED, AGREED TO:
    The Chief Minister (Mr Burke) made a statement relating to the economic development of the Kakadu Region and Jabiru (Paper 1631).
    Mr Burke moved – That, the Assembly take note of the Statement and, by leave, moved -
    That this Assembly:
(a) supports the efforts of Energy Resources of Australia to develop the Jabiluka uranium mine in line with the wishes of the majority of the Aboriginal people of the Kakadu region;
(b) expresses its deep concern that ERA is being forced to adopt a development option that is not in the best interests of the environment or the Aboriginal people;
(c) calls upon the Northern Land Council to join with the Territory and Commonwealth Governments to negotiate a settlement as a matter of urgency in the spirit of the 1982, 1991 and 1998 agreements that would allow the most sensible option for the development of Jabiluka to proceed; and
(d) condemns those who would put their own self-interest before the interests of the traditional people of the Kakadu region (Paper 1632).
      Debate ensued.
      Paper tabled: The Minister for Resource Development (Mr Manzie) laid on the Table the following Paper -
    Mr J Nadji, Chairman, Djabulukgu Association Inc to The Editor, The Age, dated 27 May 1991 (Paper 1633).

      Debate continued.
      ____________________

      Suspension of sitting: The sitting was suspended between 11:59 h and 14:00 h.
      ____________________

      Debate continued.
      ____________________

      Visitors: The Speaker acknowledged the presence in the public galleries of students from Batchelor Institute of Indigenous Tertiary Education accompanied by their lecturer Muni Kulatunga.
      On behalf of all Honourable Members the Speaker extended a warm welcome to the visitors.
      ____________________

      Debate continued.
      The Member for Nhulunbuy (Mr Stirling ) moved the following amendment to the motion -

      Omit paragraph (d) (Paper 1635).

      The Leader of Government Business (Mr Palmer) thereupon moved – That the question be now put.

      Question - That the question be now put - put.
      The Assembly divided (the Speaker, Hon. T. R. McCarthy, in the Chair) –


      AYES, 15 NOES, 6

      Mr Adamson Mr Ah Kit
      Mr Balch Mr Henderson
      Mr Baldwin Ms Martin
      Mrs Braham Mr Rioli
      Mr Dunham Mr Stirling
      Mr Elferink Mr Toyne
      Mr Hatton
      Dr Lim
      Mr Manzie
      Mr Mills
      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. T R. McCarthy, in the Chair) –


      AYES, 6 NOES, 15

      Mr Ah Kit Mr Adamson
      Mr Henderson Mr Balch
      Ms Martin Mr Baldwin
      Mr Rioli Mrs Braham
      Mr Stirling Mr Dunham
      Mr Toyne Mr Elferink
            Mr Hatton
            Dr Lim
            Mr Manzie
            Mr Mills
            Mr Mitchell
            Mr Palmer
            Mr Poole
            Mr Reed
            Mr Stone

      Amendment negatived accordingly.

      Debate continued on the main motion.
      The Chief Minister (Mr Burke) moved the following amendment to the motion –
      Omit paragraph (d) and insert in its stead:
        “(d) calls upon all involved to put the greater good of the people of Kakadu before their own particular beliefs on this issue.” (Paper 1640).
      Amendment agreed to.
      Motion, as amended, agreed to.
      Motion to note statement of Chief Minister, agreed to.
    9. ABORIGINAL EDUCATION, THE WAY FORWARD – MINISTERIAL STATEMENT – STATEMENT NOTED:
      The Minister for School Education (Mr Adamson) made a statement relating to Aboriginal education outcomes, the way forward (Paper 1641).
      Mr Adamson moved – That the Assembly take note of the Statement.
      Debate ensued.
      Question – put and passed.
    10. MATTER OF PUBLIC IMPORTANCE – REGIONAL PLANNING:
      The Speaker advised the Assembly that the Member for Nhulunbuy (Mr Stirling) had proposed for discussion as a definite matter of public importance this day:
        The lack of strategic regional planning and development in regional and remote areas.

      The proposed discussion having received the necessary support –
      The Speaker called upon Mr Stirling to address the Assembly.
      Discussion ensued.
      Discussion concluded.
    11. CRIMINAL CODE AMENDMENT BILL 1999 (Serial 202):
      The Attorney-General (Mr Burke), pursuant to notice, presented a Bill for an Act to amend the Criminal Code.
      Bill read a first time.
      Mr Burke moved – That the Bill be now read a second time.
      On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.

    12. AUSTRALASIA RAILWAY (SPECIAL PROVISIONS) BILL 1999 (Serial 209):
      The Attorney-General (Mr Burke), pursuant to notice, presented a Bill for an Act to make provision in connection with the railway from Tarcoola to Darwin and for related purposes.
      Bill read a first time.
      Mr Burke moved – That the Bill be now read a second time.
      On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
    13. KAVA MANAGEMENT AMENDMENT BILL (No. 2) 1999 (Serial 206):
      The Minister for Racing, Gaming and Licensing (Mr Baldwin), pursuant to notice, presented a Bill for an Act to amend the Kava Management Act.
      Suspension of Standing Orders: Mr Baldwin moved – That so much of Standing Orders be suspended as would prevent the Kava Management Amendment Bill (No. 2) 1999 (Serial 206) passing through all stages at this sittings.
      Question – put and passed – There being an absolute majority of the whole number of Members present and no dissentient voice.
      Mr Baldwin moved – That the Bill be now read a second time.
      On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.

    14.COMMERCIAL PASSENGER (ROAD) TRANSPORT AMENDMENT BILL 1999 (Serial 208):
      The Minister for Transport and Infrastructure (Mr Palmer), pursuant to notice, presented a Bill for an Act to amend the Commercial Passenger (Road) Transport Act.
      Bill read a first time.
      Mr Palmer moved – That the Bill be now read a second time.
      On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.
    15. PARKS AND WILDLIFE COMMISSION AMENDMENT BILL 1999 (Serial 180):
      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 Parks and Wildlife (Mr Reed) the Bill was read a third time and passed to be a proposed law.

    16. AUSTRALASIA RAILWAY (SPECIAL PROVISIONS) BILL 1999 (Serial 209):
      Suspension of Standing Orders: The Leader of Government Business (Mr Palmer), by leave, moved – That so much of Standing Orders be suspended as would prevent the AustralAsia Railway (Special Provisions) Bill 1999 (Serial 209) passing through all stages at this sittings.
      Question – put and passed – There being an absolute majority of the whole number of Members present and no dissentient voice.

    17.NORTHERN TERRITORY LICENSING COMMISSION BILL 1999 (Serial 183); GAMING CONTROL AMENDMENT BILL 1999 (Serial 184); GAMING MACHINE AMENDMENT BILL 1999 (Serial 185); KAVA MANAGEMENT AMENDMENT BILL 1999 (Serial 186); LIQUOR AMENDMENT BILL 1999 (Serial 187); PRIVATE SECURITY AMENDMENT BILL 1999 (Serial 188); WORK HEALTH AMENDMENT BILL 1999 (Serial 189); RACING AND BETTING AMENDMENT BILL 1999 (Serial 194); AND RACING AND GAMING AUTHORITY ACT REPEAL BILL 1999 (Serial 190):
      The Order of the Day having been read for the resumption of debate on the question – That the Bills be now read a second time –
      Debate ensued.
      Question – put and passed.
      Bills read a second time.
      Leave granted for a motion for the third readings of the Bills to be moved forthwith.
      On the motion of the Minister for Racing, Gaming and Licensing (Mr Baldwin) the Bills were read a third time and passed to be proposed laws.
    18. MINING AMENDMENT BILL 1999 (Serial 191):
      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.
      The Assembly resolved itself into Committee of the Whole for the consideration of the Bill.

      In Committee
      (Chairman – Mr Mitchell)

      Bill, by leave, taken as a whole.
      On the motion of the Minister for Resource Development (Mr Manzie) the Schedule of circulated amendments, Number 54 standing his name were taken together, by leave, and agreed to –

      Omit clause 2.
    Insert after clause 8 the following:
      '8AA. Grant of extractive mineral lease
              'Section 101 of the Principal Act is amended by omitting subsection (1)(aa) and substituting the following:
          "(aa) for the term the Minister thinks fit;".'.
      '8A. Notification and objection procedures for permit above highwater mark
          'Section 110 of the Principal Act is amended –
                (a) by omitting from subsection (1) "the making of the application for the extractive mineral permit" and substituting "the applicant's intention to apply for an extractive mineral permit"; and

                (b) by omitting from subsection (2) "the making of the application" and substituting "the applicant's intention to apply for an extractive mineral permit".

      '8B. Consideration of application for permit above highwater mark
              'Section 111 of the Principal Act is amended by inserting before subsection (1) the following:

                ' "(1A) An application for an extractive mineral permit is to be taken to have been made, lodged or received on the day on which the applicant –
                      (a) provides in accordance with section 110(3) evidence of having served notice of the applicant's intention to make the application and the method of service; or

                      (b) lodges in accordance with regulation 28B of the Mining Regulations details in respect of the area marked out for the extractive mineral permit,

                      whichever occurs later.".'.


      Omit clause 9.
      Insert the following new clause 9 in the Bill –
        '9. Application for renewal – extractive mineral permit

          'Section 115 of the Principal Act is amended –

          (a) by omitting subsection (2) and inserting the following:

              "(2) An application referred to in subsection (1) is to be in writing lodged with the Department and be accompanied by –

              (a) the prescribed rent for the renewal period or, if the proposed renewal period is more than 12 months, the prescribed rent for the first 12 months of the renewal period;

              (b) the prescribed fee;

              (c) details of the holder's extraction, removal or other activities on the permit area during the previous term of the permit; and

              (d) any other information that the mining registrar requires."; and

          (b) by omitting subsection (4).'.

      Add at the end of the Bill the following new clause 13 –
        '13. Transitional provision: applications for prescribed mining acts that are not future acts
            '(1) This section applies in relation to applications for prescribed mining acts that are not future acts and were pending immediately before the commencement of this section.

            '(2) Where, but for this subsection, both this section and an earlier transitional provision would apply in relation to an application, this section applies in relation to the application and the earlier transitional provision does not apply in relation to the application.

            '(3) Where this section applies, the Secretary may notify the applicant in writing that the applicant is required to serve written notice of the making of the application on the owners and occupiers whom the applicant is required under the Principal Act to notify of the making of the application within 14 days after receiving the notice or within the further time allowed in writing by the Secretary.

            '(4) Where an applicant is required under the Principal Act to notify an owner or occupier of the making of an application, the applicant is to be taken to have complied with that requirement if the applicant serves written notice of the making of the application on the owner or occupier within 14 days after being advised in writing by the Secretary under subsection (3) that the owner or occupier is to be served or within the further time allowed in writing by the Secretary under subsection (3) to notify the owner or occupier.

            '(5) Subject to subsections (6) to (10) inclusive, section 163 of the Principal Act applies in respect of an application.

            '(6) The Secretary is to be taken to have complied with section 163(1) of the Principal Act if the Secretary publishes the notice referred to in that provision as soon as practicable after the Secretary advises the applicant that the owners and occupiers referred to in subsection (3) are to be served.

            '(7) For the purposes of section 163(1)(f) and (g) of the Principal Act, the date to be specified in the notice published in accordance with subsection (6) is the date that is 21 days after the day on which the Secretary advises the applicant that the owners and occupiers referred to in subsection (3) are to be served.

            '(8) Subject to subsections (9) and (10), a notice that was published in respect of an application in accordance with section 163(1) of the Principal Act before the commencement of this section is to be disregarded.

            '(9) An objection or comment in respect of an application lodged under section 163(2) of the Principal Act before the commencement of this section is to be taken to have been lodged under section 163(2) of the Principal Act in response to the notice in respect of the application published in accordance with subsection (6).

            '(10) Nothing in this section is to be taken to prevent a person who lodged an objection or comment in respect of an application under section 163(2) of the Principal Act before the commencement of this section from lodging a further objection or comment in respect of the same application under section 163(2) of the Principal Act after that commencement.

            '(11) In this section, "earlier transitional provision" means a transitional provision that was in force immediately before the commencement of this section and is about notifying an owner or occupier of the making of an application and publishing notice of the application under section 163 of the Principal Act.'.

      Long Title -
      Add at the end "and to make certain transitional arrangements in relation to certain applications under that Act".

      Bill, as amended, agreed to.
      Bill to be reported with amendments.
      The Assembly resumed; the Speaker (Mr McCarthy) resumed the Chair; the Chairman (Mr Mitchell) reported that the Committee had considered the Bill and agreed to the same with amendments.
      On the motion of the Minister for Resource Development (Mr Manzie) the Bill was read a third time and passed to be a proposed law.
    19.NORTHERN TERRITORY EMPLOYMENT AND TRAINING AUTHORITY BILL 1999 (Serial 192); and NORTHERN TERRITORY EMPLOYMENT AND TRAINING AUTHORITY (CONSEQUENTIAL AMENDMENTS) BILL 1999 (Serial 193):
      The Order of the Day having been read for the resumption of debate on the question – That the Bills be now read a second time –
      Debate ensued.
      Question – put and passed.
      Bills read a second time.
      The Assembly resolved itself into Committee of the Whole for consideration of the Bills.

      In Committee
      (Chairman – Mr Mitchell)

      Northern Territory Employment and Training Authority Bill 1999 (Serial 192):

      Bill, by leave, taken as a whole.
      On the motion of the Minister for Tertiary Education and Training (Mr Adamson) the Schedule of circulated amendments, Number 55 standing in his name were taken together, by leave, and agreed to –

      Insert after clause 20 the following:
          '20A. Powers of Authority
              'Subject to this Act, the Authority has power to do all things that are necessary or convenient to be done for or in connection with or incidental to the performance of its functions.'.

      Omit from clause 102 (5) 'or was a training program under that Act is to be taken to be an accredited course under this Act' and substitute 'or was an approved training program under that Act is to be taken to be a course accredited under section 32 of this Act'; and
      Insert at the end of clause 102 the following:
        '(12) If an application under section 32 or 52 of the repealed Act is not determined under that Act before the commencement date, the section continues to apply in relation to the application as if the section had not been repealed and any action taken under the section after the commencement date is to be taken to have occurred immediately before the commencement date.

        '(13) Despite the repeal of section 34 of the repealed Act, the Authority may issue certificates recognising successful completion of an approved training program before the commencement date.'.


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

      Northern Territory Employment and Training Authority (Consequential Amendments) Bill 1999 (Serial 193):

      Bill, by leave, taken as a whole 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 –
    Northern Territory Employment and Training Authority Bill 1999 (Serial 192), with amendments; and
    Northern Territory Employment and Training Authority (Consequential Amendments) Bill 1999 (Serial 193), without amendment.

      On the motion of the Minister for Tertiary Education and Training (Mr Adamson) the Bills were read a third time and passed to be proposed laws.
    20.TREASURER’S ANNUAL FINANCIAL REPORT AND STATEMENT, 1998-99 - REPORT NOTED:
      The Order of the Day having been read for the resumption of the debate on the question – That the Assembly take note of the Report –
      Debate resumed.
      Question – put and passed.
    21. ADJOURNMENT:
      The Leader of Government Business (Mr Palmer) moved – That the Assembly do now adjourn.
      Debate ensued.
      Paper tabled: The Minister for School Education (Mr Adamson) laid on the Table the following Paper –
    Schedule of 1999 Youth Business Award Finalists (Paper 1643).

      Debate continued.
      Paper tabled: The Minister for Health, Family and Children’s Services (Mr Dunham) laid on the Table the following Paper –
    Report, I Know About Diabetes Just Not In English (Paper 1642).
      Debate continued.

      Question – put and passed.
      And the Assembly adjourned at 23:46 h until 10:00 h on Thursday 25 November 1999.

      PAPERS:
      The following Papers were deemed to have been presented on Wednesday 24 November 1999 –

      Annual Reports:
      Darwin Port Authority, 1998/99 (Paper 1636)
      Power and Water Authority, 1998/99 (Paper 1637)
      Department of Transport and Works, 1998/99 (Paper 1638)
      Menzies School of Health Research, 1998/99 (Paper 1639)

      Plans of Management:
      Heavitree Gap Police Station Historical Reserve, Parks and Wildlife Commission of the Northern Territory (Paper 1634)

      ATTENDANCE:
      All Members attended the sittings except Mrs Hickey, on leave.
    Last updated: 04 Aug 2016
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