Mr GILES - 2010-05-06
Madam Speaker, under Standing Order 110, my question is to the member for Katherine regarding the Aboriginal Land (Intertidal Waters) Bill. Shadow minister …
Members interjecting.
Madam SPEAKER: You are not able to ask a question to the …
Mr ELFERINK: A point of order, Madam Speaker! Yes, he is. According to Standing Order 110:
As I understand it, he is being asked about a bill he introduced.
Members interjecting.
Madam SPEAKER: Order! Order!
Dr BURNS: A point of order, Madam Speaker!
Madam SPEAKER: Resume your seat, Leader of Government Business.
Members interjecting.
Madam SPEAKER: Order! The advice I have received is that I will allow the question. However, it has to relate very specifically to what was questioned, and may not move into any further debate. I will be listening very carefully to this, member for Katherine.
Mr GILES: I have not asked the question, Madam Speaker.
Members interjecting.
Madam SPEAKER: Order! You may find this amusing, opposition members, but I certainly do not. The number of interjections today is absolutely ridiculous.
Mr GILES: Thank you, Madam Speaker. I will go straight into the second part of the question ...
Ms LAWRIE: A point of order, Madam Speaker! It is a technical question. I seek clarification from you or from the Clerk. It is a question relating to a matter before the House. He has a bill before the House. That is all. It is a technical question.
Mr ELFERINK: Speaking to the point of order, Madam Speaker …
Madam SPEAKER: Resume your seat, member for Port Darwin, just resume your seat!
Mr Tollner interjecting.
Madam SPEAKER: Member for Fong Ling, cease interjecting. You have a particularly loud voice.
It is a matter before the parliament and, therefore, it can only relate to what has already been said in the second reading speech the member for Katherine has already given.
This type of question has never been asked in this House. However, I will allow it on this occasion. I will seek further advice after Question Time in relation to further questioning of this kind in the future.
Member for Braitling, make it fast.
Members interjecting.
Madam SPEAKER: Order!
Ms CARNEY: A point of order, Madam Speaker!
Madam SPEAKER: Order!
Ms CARNEY: May I make a point of order, Madam Speaker?
Madam SPEAKER: Yes, if it is a proper point of order.
Ms CARNEY: Thank you. The standing orders, as relatively recently amended, provided for a certain amount of time in which members could ask the question.
Madam SPEAKER: That is correct. Sit down, member for Araluen. Indeed, all of this time has actually been the time that related to the one minute, which has well and truly gone.
Mr GILES: Shadow minister, can you explain how your intertidal waters bill will provide the certainty the Chief Minister has failed to provide regarding permits for recreational fishers in the Northern Territory?
Madam SPEAKER: Member for Katherine, remember it has to relate directly to the bill, with no commentary - directly to the bill.
ANSWER
Madam Speaker, I thank the member for Braitling for his very important question. It is an important question for the Tiwi Land Council, for the other land councils, and for the fishermen in the Northern Territory who would seek to access intertidal waters under a regime where there may be no permit.
Currently, there is a requirement that anyone who wishes to fish in intertidal waters must have a permit. If anyone is not complying with that provision, they are breaking the law under the Aboriginal Land Act of the Northern Territory. This bill will change that. It will give the traditional owners and land councils an option to exempt any group they wish from acquiring a permit.
An example might be that the Tiwi Land Council, if it so chooses, could grant an exemption …
Mr HAMPTON: A point of order, Madam Speaker! I ask the member to table the document he is reading from.
Members interjecting.
Madam SPEAKER: Order, order! Member for Katherine, are you reading from personal notes?
Mr WESTRA van HOLTHE: They are personal notes, Madam Speaker.
Madam SPEAKER: I am sure they are.
Members interjecting.
Madam SPEAKER: Order! Order!
Mr WESTRA van HOLTHE: So, for example, the Tiwi Land Council …
Ms LAWRIE: A point of order, Madam Speaker! I am just seeking clarification. You gave very strict instructions of not veering from the content of the second reading speech. I am just wondering …
Mr Tollner: Sit down!
Madam SPEAKER: Order!
Ms LAWRIE: … because I do not have the second reading speech in front of me, whether or not the Tiwi Islands example he is now expanding on is strictly adhering to your instructions …
Mr GILES: A point of order, Madam Speaker! She is chewing up time on purpose.
Madam SPEAKER: Resume your seat! Member for Katherine, just stick with the bill. That is the only thing you have been commissioned to do.
Mr WESTRA van HOLTHE: This is, indeed, about the bill, Madam Speaker.
Madam SPEAKER: The second reading speech.
Members interjecting.
Mr Tollner: Oh, shut up!
Madam SPEAKER: Order! Order! Member for Fong Lim, I ask you to withdraw from the Chamber, please.
Mr WESTRA van HOLTHE: The Tiwi Land Council so chooses to grant a permit to recreational fishermen in general or members of a particular association or club. This, in fact, could allow the traditional owners to grant a permit of exemption for anyone or any specific association or club.
Members interjecting.
Madam SPEAKER: Order!
Mr WESTRA van HOLTHE: This would increase the negotiating position of the government rather than their current position of sticking their heads in the sand. It is important to state that this takes away no rights from traditional owners. It is not a removal of the permit system …
Members interjecting.
Madam SPEAKER: Order! Order!
Mr WESTRA van HOLTHE: … it provides flexibility for everyone …
Members interjecting.
Madam SPEAKER: Order! Order! Resume your seat.
Mr WESTRA van HOLTHE: If I look at the Chief Minister’s media release of November 2008, it says …
Members interjecting.
Mr WESTRA van HOLTHE: … ‘We are committed to reaching an outcome which recognises the cultural importance of tidal waters for …
Ms SCRYMGOUR: A point of order, Madam Speaker – a point of order!
Madam SPEAKER: Order! Order! Member for Katherine, your time has expired, resume your seat.
Dr BURNS (Leader of Government Business): Madam Speaker, I ask that further questions be placed on the Written Question Paper. They can all go out to the lobby and ask themselves questions.
Madam SPEAKER: Order! Resume your seat. Just wait for the cameras to be removed.
Mr ELFERINK: A point of order, Madam Speaker!
Madam SPEAKER: Excuse me, member for Port Darwin! I will just ask for the cameras to be removed, please.
Mr ELFERINK: Madam Speaker, there was a good …
Madam SPEAKER: Member for Port Darwin, can you just wait, please! You can resume your seat, member for Port Darwin, until I call you. Thank you. Member for Port Darwin.
Mr ELFERINK: Thank you, Madam Speaker. The issue as to your determination over Standing Order 110 took at least three minutes. I would ask that be added to the normal Question Time period.
Madam SPEAKER: No, it is finished. Question Time has finished, thank you.
Members interjecting.
Madam SPEAKER: You are not able to ask a question to the …
Mr ELFERINK: A point of order, Madam Speaker! Yes, he is. According to Standing Order 110:
- A question may be put to a Member, not being a Minister, relating to any bill, motion, or other public matter concerned with the business of the Assembly for which the Member has charge.
As I understand it, he is being asked about a bill he introduced.
Members interjecting.
Madam SPEAKER: Order! Order!
Dr BURNS: A point of order, Madam Speaker!
Madam SPEAKER: Resume your seat, Leader of Government Business.
Members interjecting.
Madam SPEAKER: Order! The advice I have received is that I will allow the question. However, it has to relate very specifically to what was questioned, and may not move into any further debate. I will be listening very carefully to this, member for Katherine.
Mr GILES: I have not asked the question, Madam Speaker.
Members interjecting.
Madam SPEAKER: Order! You may find this amusing, opposition members, but I certainly do not. The number of interjections today is absolutely ridiculous.
Mr GILES: Thank you, Madam Speaker. I will go straight into the second part of the question ...
Ms LAWRIE: A point of order, Madam Speaker! It is a technical question. I seek clarification from you or from the Clerk. It is a question relating to a matter before the House. He has a bill before the House. That is all. It is a technical question.
Mr ELFERINK: Speaking to the point of order, Madam Speaker …
Madam SPEAKER: Resume your seat, member for Port Darwin, just resume your seat!
Mr Tollner interjecting.
Madam SPEAKER: Member for Fong Ling, cease interjecting. You have a particularly loud voice.
It is a matter before the parliament and, therefore, it can only relate to what has already been said in the second reading speech the member for Katherine has already given.
This type of question has never been asked in this House. However, I will allow it on this occasion. I will seek further advice after Question Time in relation to further questioning of this kind in the future.
Member for Braitling, make it fast.
Members interjecting.
Madam SPEAKER: Order!
Ms CARNEY: A point of order, Madam Speaker!
Madam SPEAKER: Order!
Ms CARNEY: May I make a point of order, Madam Speaker?
Madam SPEAKER: Yes, if it is a proper point of order.
Ms CARNEY: Thank you. The standing orders, as relatively recently amended, provided for a certain amount of time in which members could ask the question.
Madam SPEAKER: That is correct. Sit down, member for Araluen. Indeed, all of this time has actually been the time that related to the one minute, which has well and truly gone.
Mr GILES: Shadow minister, can you explain how your intertidal waters bill will provide the certainty the Chief Minister has failed to provide regarding permits for recreational fishers in the Northern Territory?
Madam SPEAKER: Member for Katherine, remember it has to relate directly to the bill, with no commentary - directly to the bill.
ANSWER
Madam Speaker, I thank the member for Braitling for his very important question. It is an important question for the Tiwi Land Council, for the other land councils, and for the fishermen in the Northern Territory who would seek to access intertidal waters under a regime where there may be no permit.
Currently, there is a requirement that anyone who wishes to fish in intertidal waters must have a permit. If anyone is not complying with that provision, they are breaking the law under the Aboriginal Land Act of the Northern Territory. This bill will change that. It will give the traditional owners and land councils an option to exempt any group they wish from acquiring a permit.
An example might be that the Tiwi Land Council, if it so chooses, could grant an exemption …
Mr HAMPTON: A point of order, Madam Speaker! I ask the member to table the document he is reading from.
Members interjecting.
Madam SPEAKER: Order, order! Member for Katherine, are you reading from personal notes?
Mr WESTRA van HOLTHE: They are personal notes, Madam Speaker.
Madam SPEAKER: I am sure they are.
Members interjecting.
Madam SPEAKER: Order! Order!
Mr WESTRA van HOLTHE: So, for example, the Tiwi Land Council …
Ms LAWRIE: A point of order, Madam Speaker! I am just seeking clarification. You gave very strict instructions of not veering from the content of the second reading speech. I am just wondering …
Mr Tollner: Sit down!
Madam SPEAKER: Order!
Ms LAWRIE: … because I do not have the second reading speech in front of me, whether or not the Tiwi Islands example he is now expanding on is strictly adhering to your instructions …
Mr GILES: A point of order, Madam Speaker! She is chewing up time on purpose.
Madam SPEAKER: Resume your seat! Member for Katherine, just stick with the bill. That is the only thing you have been commissioned to do.
Mr WESTRA van HOLTHE: This is, indeed, about the bill, Madam Speaker.
Madam SPEAKER: The second reading speech.
Members interjecting.
Mr Tollner: Oh, shut up!
Madam SPEAKER: Order! Order! Member for Fong Lim, I ask you to withdraw from the Chamber, please.
Mr WESTRA van HOLTHE: The Tiwi Land Council so chooses to grant a permit to recreational fishermen in general or members of a particular association or club. This, in fact, could allow the traditional owners to grant a permit of exemption for anyone or any specific association or club.
Members interjecting.
Madam SPEAKER: Order!
Mr WESTRA van HOLTHE: This would increase the negotiating position of the government rather than their current position of sticking their heads in the sand. It is important to state that this takes away no rights from traditional owners. It is not a removal of the permit system …
Members interjecting.
Madam SPEAKER: Order! Order!
Mr WESTRA van HOLTHE: … it provides flexibility for everyone …
Members interjecting.
Madam SPEAKER: Order! Order! Resume your seat.
Mr WESTRA van HOLTHE: If I look at the Chief Minister’s media release of November 2008, it says …
Members interjecting.
Mr WESTRA van HOLTHE: … ‘We are committed to reaching an outcome which recognises the cultural importance of tidal waters for …
Ms SCRYMGOUR: A point of order, Madam Speaker – a point of order!
Madam SPEAKER: Order! Order! Member for Katherine, your time has expired, resume your seat.
Dr BURNS (Leader of Government Business): Madam Speaker, I ask that further questions be placed on the Written Question Paper. They can all go out to the lobby and ask themselves questions.
Madam SPEAKER: Order! Resume your seat. Just wait for the cameras to be removed.
Mr ELFERINK: A point of order, Madam Speaker!
Madam SPEAKER: Excuse me, member for Port Darwin! I will just ask for the cameras to be removed, please.
Mr ELFERINK: Madam Speaker, there was a good …
Madam SPEAKER: Member for Port Darwin, can you just wait, please! You can resume your seat, member for Port Darwin, until I call you. Thank you. Member for Port Darwin.
Mr ELFERINK: Thank you, Madam Speaker. The issue as to your determination over Standing Order 110 took at least three minutes. I would ask that be added to the normal Question Time period.
Madam SPEAKER: No, it is finished. Question Time has finished, thank you.
Last updated: 09 Aug 2016