SOUTH AUSTRALIA]
No. 47
MINUTES OF THE PROCEEDINGS
OF THE
LEGISLATIVE COUNCIL
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TUESDAY 26 NOVEMBER 2002
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1. |
Council met pursuant to adjournment. The President (The Hon. R. R. Roberts) took the Chair. The President read prayers.
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Meeting
of |
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2. |
The following Papers were laid upon the Table, viz.: By the President - Reports, 2001-2002 - City of Prospect. City of Whyalla. District Council of Alexandrina. District Council of Barossa. District Council of Cleve. District Council of Grant. By the Minister for Agriculture, Food and Fisheries (The Hon. P. Holloway) - Reports, 2001-2002 - Capital City Committee - Adelaide. Code Registrar. Dried Fruits Board of South Australia. South Australian Independent Pricing and Access Regulator. Technical Regulator (Electricity). Technical Regulator (Gas). By the Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) - Reports, 2001-2002 - Country Arts SA. Local Government Superannuation Board. Outback Areas Community Development Trust. President of the Industrial Relations Commission and Senior Judge of the Industrial Relations Court. Public and Environmental Health Council. South Australian Multicultural and Ethnic Affairs Commission. State Theatre Company of South Australia. The Radiation and Control Act 1982. Regulations under the following Acts - Food Act 2001 - Food Business. Road Traffic Act 1961 - Road Closure.
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Papers. |
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3. |
The Minister for Agriculture, Food and Fisheries, by leave, without notice, moved - That, pursuant to section 21(3) of the Parliamentary Committees Act 1991, the Hon. J. M. Gazzola be appointed to the Legislative Review Committee in place of the Hon. C. Zollo, resigned. Question put and passed.
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Legislative
Review |
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4. |
The Minister for Agriculture, Food and Fisheries tabled a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning Hydroponically Grown Cannabis, together with a National Competition Policy Review Report on a Proposal to Licence Hydroponic Equipment Retailers.
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Paper Tabled. |
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5. |
The following Message from the House of Assembly was received and read - Message No. 74 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Constitution Act 1934, to which it desires the concurrence of the Legislative Council. House of Assembly, 21 November 2002. I. P. LEWIS, Speaker. Bill read a first time. The Minister for Agriculture, Food and Fisheries then moved - That this Bill be now read a second time. On motion of the Hon. R. D. Lawson, the debate was adjourned until next day of sitting.
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Message
from
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6. |
The Minister for Aboriginal Affairs and Reconciliation, pursuant to notice, moved - That this Council requests Her Excellency The Governor to make a proclamation under section 43(4) of the National Parks and Wildlife Act 1972 to vary the proclamation made under Part 3 of that Act on 14 August 1997 so as to remove the ability to acquire or exercise pursuant to that proclamation pipeline rights under the Petroleum Act 1940 (or its successor) over the portion of the Flinders Chase National Park described as Section 53, Hundred of Borda, County of Carnarvon. On motion of the Hon. A. J. Redford, the debate was adjourned until next day of sitting.
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National
Parks |
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7. |
Ordered - That Orders of the Day (Government Business) No. 1 and No. 2 be Orders of the Day for next day of sitting.
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Postponement
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8. |
Ordered - That Order of the Day (Government Business) No. 3 be postponed and taken into consideration on motion.
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Postponement
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9. |
Ordered - That Order of the Day (Government Business) No. 4 be an Order of the Day for next day of sitting.
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Postponement
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10. |
Ordered - That Order of the Day (Government Business) No. 5 be postponed and taken into consideration on motion.
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Postponement
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11. |
On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Environment Protection) Bill be now read a second time: Debate resumed. Question put and passed. Bill read a second time. The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Bill.
In the Committee
Clauses No. 1 to No. 16 agreed to. Clause No. 17 read. The Hon. C. V. Schaefer moved on page 7, line 27, to leave out paragraph (a). Question - That the amendment be agreed to - put and negatived. The Hon. C. V. Schaefer moved on page 7, line 28 to 36, to leave out paragraphs (b) and (c). Question - That the amendment be agreed to - put and negatived.
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Statutes
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Clause No. 17 agreed to. Clauses No. 18 to No. 23 agreed to. Title agreed to. _____________________
The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report. The Minister for Aboriginal Affairs and Reconciliation, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay. Question put and passed. Bill read a third time. Resolved - That this Bill do now pass.
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12. |
Ordered - That Order of the Day (Government Business) No. 7 be an Order of the Day for next day of sitting.
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Postponement
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13. |
On the Order of the Day being read for the adjourned debate on the on the question - That the Upper South East Dryland Salinity and Flood Management Bill be now read a second time: Debate resumed. On motion of the Hon. J. M. Gazzola, the debate was adjourned until next day of sitting.
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Upper
South East |
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14. |
Ordered - That Order of the Day (Government Business) No. 9 be an Order of the Day for next day of sitting.
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Postponement
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15. |
On the Order of the Day being read for the adjourned debate on the on the question - That the Training and Development Skills Bill be now read a second time: Debate resumed. On motion of the Hon. G. E. Gago, the debate was adjourned until next day of sitting.
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Training
and |
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16. |
Ordered - That Order of the Day (Government Business) No. 11 be an Order of the Day for next day of sitting.
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Postponement
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17. |
The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Criminal Law (Sentencing) (Sentencing Guidelines) Amendment Bill.
In the Committee
Clause No. 4 which the Hon. R. D. Lawson had moved to amend on page 3, line 14, by leaving out proposed subsection (1) of new section 29A and inserting the following: “(1) The Full Court may, by declaratory judgment (a guideline judgment), establish, vary or revoke sentencing guidelines.” - further considered. Question - That the amendment be agreed to - put. |
Criminal
Law |
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Committee divided: Ayes, 11 The Hon. T. G. Cameron The Hon. J.S.L. Dawkins The Hon. A. L. Evans The Hon. D. V. Laidlaw The Hon. R. I. Lucas The Hon. A. J. Redford The Hon. D. W. Ridgway The Hon. C. V. Schaefer The Hon. J. F. Stefani The Hon. T. J. Stephens The Hon. R. D. Lawson (Teller) So it was resolved in the affirmative. |
Noes, 8 The Hon. M. J. Elliott The Hon. G. E. Gago The Hon. J. M. Gazzola The Hon. I. Gilfillan The Hon. P. Holloway The Hon. R. K. Sneath The Hon. C. Zollo The Hon. T. G. Roberts (Teller)
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The Hon. R. D. Lawson moved on page 4, lines 5 to 18, to leave out proposed new section 29B and insert the following: “Initiation of proceedings for guideline judgment 29B. (1) Proceedings for a guideline judgment may be commenced— (a) on the Full Court's own initiative; or (b) on application by the Director of Public Prosecutions; or (c) on application by the Attorney-General; or (d) on application by the Legal Services Commission. (2) An application for a guideline judgment must be accompanied by the applicant's proposal as to the terms in which the judgment should be given. (3) The Full Court may, if it thinks appropriate, give a guideline judgment in the course of determining an appeal against sentence. (4) However, if the Attorney-General has applied for a guideline judgment, the proceedings must be separate from other proceedings in the Full Court. Sentencing Advisory Council to be given opportunity to make written report on proposal for guideline judgment 29BA. (1) If proceedings for a guideline judgment are commenced by application to the Full Court, or the Full Court itself initiates such proceedings, the Registrar must— (a) notify the Sentencing Advisory Council of the Court's intention to hear and determine the proceedings; and (b) request the Council to make a written report to the Court, within a reasonable time stated in the request, on the questions to be considered by the Court in the proceedings. (2) If the proceedings have been initiated by an application, the notification and request must be accompanied by a copy of the applicant's proposal as to the terms in which the judgment should (in the applicant's opinion) be given. Representation at proceedings 29BB. (1) Each of the following is entitled to appear and be heard in proceedings for a guideline judgment: (a) the Director of Public Prosecutions; (b) the Attorney-General; (c) the Legal Services Commission; (d) an organisation representing the interests of offenders or victims of crime that has, in the opinion of the Full Court, a proper interest in the proceedings. (2) The Sentencing Advisory Council may appear in the proceedings and, if the Full Court requires assistance from the Council (beyond its written report), must appear in the proceedings. (3) If the Sentencing Advisory Council appears in the proceedings, it is to be represented by one of its members who is a legal practitioner or by independent counsel instructed by the Council to represent it.” To report progress and ask leave to sit again. _____________________
The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on motion.
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18. |
The following Message from the House of Assembly was received and read - Message No. 75 MR. PRESIDENT - The House of Assembly has agreed to the amendment made by the Legislative Council in the Holidays (Adelaide Cup and Volunteers Day) Bill without amendment. House of Assembly, 26 November 2002. I. P. LEWIS, Speaker.
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Message
from
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19. |
The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Native Vegetation (Miscellaneous) Amendment Bill.
In the Committee
Clause No. 3 further considered. The Hon. C. V. Schaefer moved on page 4, line 14, to leave out “following definition” and insert “following definitions” and on page 4, after line 15, to insert the following: ‘"District Court" means the Administrative and Disciplinary Division of the District Court of South Australia;’ Question - That the amendments be agreed to - put. |
Native
Vegetation |
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Committee divided: Ayes, 9 The Hon. J.S.L. Dawkins The Hon. D. V. Laidlaw The Hon. R. D. Lawson The Hon. R. I. Lucas The Hon. A. J. Redford The Hon. D. W. Ridgway The Hon. J. F. Stefani The Hon. T. J. Stephens The Hon. C. V. Schaefer (Teller)
So it passed in the negative. |
Noes, 11 The Hon. T. G. Cameron The Hon. M. J. Elliott The Hon. A. L. Evans The Hon. G. E. Gago The Hon. J. M. Gazzola The Hon. I. Gilfillan The Hon. P. Holloway The Hon. S. M. Kanck The Hon. R. K. Sneath The Hon. C. Zollo The Hon. T. G. Roberts (Teller)
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Clause No. 3 agreed to. Clauses No. 4 to No. 19 agreed to. The Hon. C. V. Schaefer moved on page 12, after line 8, to insert new clause as follows: “Insertion of Part 4A 19A. The following Part is inserted after Part 4 of the principal Act: PART 4A ENVIRONMENTAL CREDITS Environmental credits 25A. (1) Subject to this section, the owner of land that is subject to a heritage agreement under this Act that was entered into after the commencement of this Part is entitled to environmental credits in accordance with a provision (if any) to that effect in the agreement. (2) Subject to this section, the owner of land that is subject to a heritage agreement entered into under this Act or the South Australian Heritage Act 1978 that was in force immediately before the commencement of this Part is entitled, on application to the Council, to be issued with environmental credits that, in the opinion of the Council, reflect the environmental benefits arising from the agreement. (3) An owner of land is not entitled to environmental credits under subsection (2)— (a) in respect of a heritage agreement under the South Australian Heritage Act 1978 in respect of land in relation to which payment was made by the Minister under section 27(1) of the repealed Act; or (b) if the heritage agreement was— (i) entered into under this Act in compliance with a condition imposed by the Council under this Act on consent to clear native vegetation; or (ii) entered into under the South Australian Heritage Act 1978 in compliance with a condition imposed by the Native Vegetation Authority under the repealed Act on consent to clear native vegetation. (4) An owner of land is not entitled to environmental credits under this section in respect of— (a) Crown land; or (b) local government land.
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(5) In subsection (4)— "Crown land" means— (a) land that has not been granted in fee simple, but not including land held under a Crown lease under the Crown Lands Act 1929 or the Pastoral Land Management and Conservation Act 1989; or (b) land that has been granted in fee simple that is vested in the Crown or an agency or instrumentality of the Crown; "local government land" means local government land within the meaning of the Local Government Act 1999. Register of environmental credits 25B. The Council must maintain a register of environmental credits provided by a heritage agreement or issued by the Council which— (a) includes the name and address of the owner for the time being of the credits; and (b) identifies the heritage agreement by which the credits were provided or in relation to which the credits were issued. Transfer of environmental credits 25C. (1) Subject to this section, the owner of environmental credits may transfer them to another person. (2) A transfer of environmental credits is not effective until registered by the Council. (3) If a person to whom environmental credits have been issued under section 25A(2) transfers them to another person the following provisions apply: (a) the consideration (if any) payable for the transfer must be in the form of money and must be paid to the Council; and (b) if no consideration is paid for the transfer or the consideration paid is, in the opinion of the Council, less than the market value of the credits, the person transferring the credits must pay to the Council an amount that, in the opinion of the Council, is the market value of the credits or the market value less the amount paid as consideration for the transfer; and (c) the Council must determine the amount of money that, in its opinion, will be required— (i) to manage the land in relation to which the credits were issued; and (ii) to manage the native vegetation on that land and the animals on or visiting that land; and (iii) to preserve and enhance the native vegetation on that land; and (iv) to provide appropriate and sufficient protection to biodiversity in the circumstances of the particular case, in accordance with the heritage agreement in force in relation to the land during the period of 20 years immediately following the determination; and (d) the money paid to the Council under paragraph (a) or (b) must be paid by the Council into the Fund to the extent of the amount determined under paragraph (c) and the balance (if any) must be paid to the person to whom the credits were issued; and (e) if the person to whom the credits were issued or a subsequent owner of the land in relation to which the credits were issued, applies for assistance under section 24(1)(a) or (b) in respect of the land, the Council must grant the application (subject to such conditions as it thinks fit under section 24(4)) to the extent of the amount paid into the Fund under paragraph (d) that has not previously been granted as assistance under this paragraph. (4) Subsection (3) does not affect— (a) the transfer of environmental credits by will or on intestacy or any other transfer of the credits by operation of law; or (b) the transfer of environmental credits by a subsequent owner of the credits. Cancellation of environmental credits 25D. (1) The Council may, by notice in writing to the owner of environmental credits, cancel them if, in the opinion of the Council, there has been a breach of the heritage agreement by which the credits were provided or in relation to which the credits were issued that has significantly reduced the environmental benefits arising from the heritage agreement.
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(2) The Council may cancel environmental credits under subsection (1) despite the fact that theowner of the credits is not responsible for the breach of the heritage agreement. (3) No compensation is payable by the Council in respect of environmental credits cancelled under subsection (1). Surrender of environmental credits 25E. The owner of environmental credits may surrender them to the Council at any time.” Question - That new clause No. 19A, as proposed to be inserted by the Hon. C. V. Schaefer, be so inserted - put. |
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Committee divided: Ayes, 8 The Hon. J.S.L. Dawkins The Hon. D. V. Laidlaw The Hon. R. D. Lawson The Hon. R. I. Lucas The Hon. A. J. Redford The Hon. D. W. Ridgway The Hon. J. F. Stefani The Hon. C. V. Schaefer (Teller)
So it passed in the negative. |
Noes, 10 The Hon. T. G. Cameron The Hon. M. J. Elliott The Hon. A. L. Evans The Hon. J. M. Gazzola The Hon. I. Gilfillan The Hon. P. Holloway The Hon. S. M. Kanck The Hon. R. K. Sneath The Hon. C. Zollo The Hon. T. G. Roberts (Teller)
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Clause No. 20 read. The Hon. C. V. Schaefer moved on page 12, line 15, to leave out “$100 000” and insert “$50 000”. Question - That the amendment be agreed to - put and negatived. Clause No. 20 agreed to. Clauses No. 21 to No. 23 agreed to. Clause No. 24 read. The Hon. M. J. Elliott moved on page 16, line 7, to leave out “section is” and insert “sections are”. Question - That the amendment be agreed to - put. |
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Committee divided: Ayes, 9 The Hon. A. L. Evans The Hon. G. E. Gago The Hon. J. M. Gazzola The Hon. I. Gilfillan The Hon. P. Holloway The Hon. S. M. Kanck The Hon. T. G. Roberts The Hon. C. Zollo The Hon. M. J. Elliott (Teller) |
Noes, 9 The Hon. T. G. Cameron The Hon. J.S.L. Dawkins The Hon. D. V. Laidlaw The Hon. R. D. Lawson The Hon. R. I. Lucas The Hon. A. J. Redford The Hon. D. W. Ridgway The Hon. J. F. Stefani The Hon. C. V. Schaefer (Teller) |
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And there being an equality of votes, the Chairperson gave his casting vote to the “Ayes”. So it was resolved in the affirmative. The Hon. M. J. Elliott moved on page 16, after line 26, to insert new paragraph as follows: “(f) a condition requiring that a copy of the consent issued by the Council be kept in such manner, and in any place, specified by the Council.” To report progress and ask leave to sit again. _____________________
The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on next day of sitting.
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Chairperson’s
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20. |
Ordered - That Order of the Day (Government Business) No. 3 be an Order of the Day for next day of sitting.
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Postponement
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21. |
Council adjourned at twenty-nine minutes past six o’clock until tomorrow at fifteen minutes past two o’clock.
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Adjournment. |
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_________________________
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Members present during any part of the sitting:
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The Hon. T. G. Cameron The Hon. J.S.L. Dawkins The Hon. M. J. Elliott The Hon. A. L. Evans The Hon. G. E. Gago The Hon. J. M. Gazzola The Hon. I. Gilfillan
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The Hon. P. Holloway The Hon. S. M. Kanck The Hon. D. V. Laidlaw The Hon. R. D. Lawson The Hon. R. I. Lucas The Hon. A. J. Redford The Hon. D. W. Ridgway
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The Hon. T. G. Roberts The Hon. C. V. Schaefer The Hon. R. K. Sneath The Hon. J. F. Stefani The Hon. T. J. Stephens The Hon. C. Zollo |
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