1.

Council met pursuant to adjournment.  The President (The Hon. R. K. Sneath) took the Chair.

                 The President read prayers.

Meeting of
Council.

   2.

The Hon. J. M. Gazzola brought up the Seventh Report, 2007-2008, of the Legislative Review Committee.

Legislative
Review
Committee -
Seventh Report,
2007-2008.

   3.

The Minister for Environment and Conservation (The Hon. G. E. Gago), by leave, tabled a copy of a Ministerial Statement made by the Minister for Water Security (The Hon. K. A. Maywald, M.P.) concerning Recycled Water.

Ministerial
Statement Tabled.

   4.

In accordance with Sessional Standing Order, the President called on Members to make Statements on Matters of Interest.

Statements on
Matters of Interest.

   5.

The Hon. A. M. Bressington, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Waterworks Act 1932.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. A. M. Bressington then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. P. Wortley, the debate was adjourned until Wednesday, 17 October 2007.

Waterworks
(Making of
Restrictions)
Amendment Bill.

   6.

The Hon. R. P. Wortley, pursuant to notice, moved - That the Annual Report of the Natural Resources Committee, 2006-2007, be noted.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 17 October 2007.

Natural Resources
Committee - Annual
Report, 2006-2007,
be noted -
Motion re.

   7.

The Hon. R. P. Wortley, pursuant to notice, moved - That the Report of the Natural Resources Committee on Kangaroo Island Natural Resources Management Board Levy Proposal, 2007-2008, be noted.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 17 October 2007.

Natural Resources
Committee - Report
on Kangaroo Island
Natural Resources
Management Board
Levy Proposal 2007-
2008, be noted -
Motion re.

   8.

The Hon. R. P. Wortley, pursuant to notice, moved - That the Report of the Natural Resources Committee on Northern and Yorke Peninsula Natural Resources Management Board Levy Proposal, 2007-2008, be noted.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 17 October 2007.

Natural Resources
Committee - Report
on Northern and
Yorke Peninsula
Natural Resources
Management Board
Levy Proposal 2007-
2008, be noted -
Motion re.

   9.

The Hon. R. P. Wortley, pursuant to notice, moved - That the Report of the Natural Resources Committee on South East Natural Resources Management Board Levy Proposal, 2007-2008, be noted.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until Wednesday, 17 October 2007.

Natural Resources
Committee - Report
on South East
Natural Resources
Management Board
Levy Proposal 2007-
2008, be noted -
Motion re.

10.

The Hon. R. P. Wortley, pursuant to notice, moved - That the Report of the Natural Resources Committee on Eyre Peninsula Natural Resources Management Board Levy Proposal, 2007-2008, be noted.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 17 October 2007.

Natural Resources
Committee - Report
on Eyre Peninsula
Natural Resources
Management Board
Levy Proposal 2007-
2008, be noted -
Motion re.

11.

The Hon. B. V. Finnigan, pursuant to notice, moved - That the Report of the Occupational Safety, Rehabilitation and Compensation Committee on its Inquiry into the Law and Processes Relating to Workplace Injuries and Death in South Australia be noted.

                 Debate ensued.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 17 October 2007.

Occupational Safety,
Rehabilitation and
Compensation
Committee - Report
on Inquiry into the
Law and Processes
Relating to
Workplace Injuries
and Death in
South Australia
be noted -
Motion re.

12.

The Hon. N. Xenophon, pursuant to notice, moved - That the Statutory Authorities Review Committee inquire into the effectiveness of the Teachers’ Registration Board in the exercise of its functions and powers, with respect to -

            I.   The welfare and best interests of children as its primary consideration in the performance of its functions;

          II.   The manner and process by which it ensures that a teacher registration system and professional standards are maintained to safeguard the public interest in there being a teaching profession whose members are competent educators and fit and proper persons to have the care of children;

         III.   The composition of the Board;

         IV.   The manner and process by which evidence is gathered and presented to the Board, including the representation of parties to proceedings; and

          V.   Any other relevant matters.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 17 October 2007.

Teachers’
Registration Board -
Statutory Authorities
Review Committee
to inquire into -
Motion re.

13.

Ordered - separately - That Orders of the Day (Private Business) No. 1 and No. 2 be Orders of the Day for Wednesday, 17 October 2007.

Postponement
of Business.

14.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. N. Xenophon -

          “I.   That a Select Committee of the Legislative Council be appointed to inquire into and report on -

(a)     The role of SA Water in supporting water conservation and water security in South Australia.

(b)    The impact of the Government’s financial policies on the ability of SA Water to -

       i.    maintain and develop infrastructure;

      ii.    provide essential new supply capabilities;

     iii.    meet projected water demands; and

     iv.    provide network augmentation.

(c)     The role and effectiveness of SA Water in relation to water security and water conservation measures and including -

       i.    the efficacy of water restrictions;

      ii.    SA Water’s response to the 2005 “Waterproofing Adelaide” Strategy; and

     iii.    education of water users and advice on water conservation measures.

(d)    Opportunities to reform SA Water governance to assist in water conservation and water security, and in particular -

       i.    a review of relevant State legislation with respect to SA Water’s function, structure and accountability, including a review of SA Water’s charter; and

      ii.    a review of SA Water’s performance statements from Government.

(e)     Legislative and policy changes to address current impediments to water conservation and water recycling.

(f)     Leakage of water from SA Water infrastructure, especially -

       i.    the accuracy of measurement and report of leakage; and

      ii.    a review of SA Water Strategy to address wastage through leakage.

(g)    SA Water policy on alternative sourcing of potable water supplies, including engagement with the private sector; and

(h)    Any other matters.

          II.   That the Select Committee consist of seven Members and that the Quorum of Members necessary to be present at all meetings of the Committee be fixed at four Members and that Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only.

         III.   That this Council permits the Select Committee to authorise the disclosure or publication, as it sees fit, of any evidence or documents presented to the Committee prior to such evidence being reported to the Council.

         IV.   That Standing Order No. 396 be suspended to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating.”:

                 Debate resumed.

                 The Hon. S. M. Kanck moved to amend the motion in subparagraph I(e) after the words “water recycling” by inserting the following:

“, and including -

  i.     water pricing; and

 ii.     incentives for installation of water efficient technology devices;”

        And after subparagraph I(g) by inserting new subparagraphs as follow:

“(h)      Methodologies to ensure access to water for people on low incomes;

  (i)       The impact of development in the urban water catchments on the quality and quantity of water available to the metropolitan area;”.

                 And the Minister for Police (The Hon. P. Holloway) having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

Role of SA Water -
Select Committee
on -
Motion re.

15.

At one minute past six o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes to eight o’clock the sitting was resumed.

Suspension and
Resumption of
Sitting.

16.

Ordered - That the adjourned debate on the motion of the Hon. N. Xenophon -

          “I.   That a Select Committee of the Legislative Council be appointed to inquire into and report on -

(a)     The role of SA Water in supporting water conservation and water security in South Australia.

(b)    The impact of the Government’s financial policies on the ability of SA Water to -

       i.    maintain and develop infrastructure;

      ii.    provide essential new supply capabilities;

     iii.    meet projected water demands; and

     iv.    provide network augmentation.

(c)     The role and effectiveness of SA Water in relation to water security and water conservation measures and including -

       i.    the efficacy of water restrictions;

      ii.    SA Water’s response to the 2005 “Waterproofing Adelaide” Strategy; and

     iii.    education of water users and advice on water conservation measures.

 (d)   Opportunities to reform SA Water governance to assist in water conservation and water security, and in particular -

       i.    a review of relevant State legislation with respect to SA Water’s function, structure and accountability, including a review of SA Water’s charter; and

      ii.    a review of SA Water’s performance statements from Government.

(e)     Legislative and policy changes to address current impediments to water conservation and water recycling.

(f)     Leakage of water from SA Water infrastructure, especially -

       i.    the accuracy of measurement and report of leakage; and

      ii.    a review of SA Water Strategy to address wastage through leakage.

(g)    SA Water policy on alternative sourcing of potable water supplies, including engagement with the private sector; and

(h)    Any other matters.

          II.   That the Select Committee consist of seven Members and that the Quorum of Members necessary to be present at all meetings of the Committee be fixed at four Members and that Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only.

         III.   That this Council permits the Select Committee to authorise the disclosure or publication, as it sees fit, of any evidence or documents presented to the Committee prior to such evidence being reported to the Council.

         IV.   That Standing Order No. 396 be suspended to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating.”.

        To which the Hon. S. M. Kanck had moved to amend in subparagraph I(e) after the words “water recycling” by inserting the following:

“, and including -

  i.     water pricing; and

 ii.     incentives for installation of water efficient technology devices;”

        And after subparagraph I(g) by inserting new subparagraphs as follows:

“(h)      Methodologies to ensure access to water for people on low incomes;

  (i)       The impact of development in the urban water catchments on the quality and quantity of water available to the metropolitan area;”

         - be now resumed.

                 Debate resumed.

                 Question - That the amendments moved by the Hon. S. M. Kanck be agreed to - put and passed.

                 Question - That the motion moved by the Hon. N. Xenophon and as amended by the Hon. S. M. Kanck, be agreed to - put and passed.

                 The Hon. N. Xenophon then moved - That the Select Committee consist of the Hon. A. M. Bressington, the Hon. I. K. Hunter, the Hon. M. C. Parnell, the Hon. C. V. Schaefer, the Hon. S. G. Wade, the Hon. R. P. Wortley and the mover.

                 Question put and passed.

                 The Hon. N. Xenophon moved - That the Select Committee have power to send for persons, papers and records, to adjourn from place to place and report on Wednesday, 21 November 2007.

                 Question put and passed.

Role of SA Water -
Select Committee
on -
Motion re.

17.

Ordered - That Order of the Day (Private Business) No. 4 be an Order of the Day for Wednesday, 17 October 2007.

Postponement
of Business.

18.

On the Order of the Day being read for the adjourned debate on the motion of the Hon B. V. Finnigan - That the Report of the Statutory Authorities Review Committee on an Inquiry into the Medical Board of South Australia be noted:

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 17 October 2007.

Statutory Authorities
Review Committee -
Report on an Inquiry
into the Medical
Board of
South Australia
be noted -
Motion re.

19.

Ordered - That Orders of the Day (Private Business) No. 6 and No. 7 be Orders of the Day for Wednesday, 17 October 2007.

Postponement
of Business.

20.

Ordered - That Order of the Day (Private Business) No. 8 be postponed and taken into consideration on motion.

Postponement
of Business.

21.

Ordered - That Orders of the Day (Private Business) No. 9 to No. 11 be Orders of the Day for Wednesday, 17 October 2007.

Postponement
of Business.

22.

On the Order of the Day being read for the adjourned debate on the question - That the Independent Commission Against Crime and Corruption Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 17 October 2007.

Independent
Commission Against
Crime and
Corruption Bill.

23.

Ordered - That Orders of the Day (Private Business) No. 13 to No. 19 be Orders of the Day for Wednesday, 17 October 2007.

Postponement
of Business.

24.

On the Order of the Day being read for the adjourned debate on the question - That the Passenger Transport (Disciplinary Powers) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 17 October 2007.

Passenger Transport
(Disciplinary
Powers)
Amendment Bill.

25.

On the Order of the Day being read for the adjourned debate on the question - That the Roxby Downs (Indenture Ratification) (Application of Acts) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 17 October 2007.

Roxby Downs
(Indenture
Ratification)
(Application of Acts)
Amendment Bill.

26.

Ordered - That Orders of the Day (Private Business) No. 22 to No. 32 be Orders of the Day for Wednesday, 17 October 2007.

Postponement
of Business.

27.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Gangs) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 17 October 2007.

Statutes Amendment
(Gangs) Bill.

28.

On the Order of the Day being read for the adjourned debate on the question - That the Summary Offences (Drug Testing on Arrest) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 17 October 2007.

Summary Offences
(Drug Testing on
Arrest) Amendment
Bill.

29.

On the Order of the Day being read for the adjourned debate on the question - That the Motor Vehicles (Drug Testing of Learner Drivers) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 17 October 2007.

Motor Vehicles
(Drug Testing of
Learner Drivers)
Amendment Bill.

30.

Ordered - That the remaining Orders of the Day (Private Business) be Orders of the Day for Wednesday, 17 October 2007.

Postponement
of Business.

31.

The Minister for Emergency Services, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Motor Vehicles Act 1959.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Emergency Services then moved - That this Bill be now read a second time.

                 On motion of the Hon. S. G. Wade, the debate was adjourned until next day of sitting.

Motor Vehicles
(Miscellaneous)
Amendment Bill.

32.

Ordered - That Order of the Day (Government Business) No. 1 be an Order of the Day for next day of sitting.

Postponement
of Business.

33.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Environment Protection (Site Contamination) Amendment Bill.

In the Committee

                          Clauses No. 1 to No. 3 agreed to.

                          Clause No. 4 read.

                 The Hon. J.M.A. Lensink moved on page 4, line 10, to leave out subparagraph (i).

                 Question - That the amendment be agreed to - put and negatived.

                 The Hon. M. C. Parnell moved on page 5, lines 19 to 20, to leave out subclause (9).

                 Question - That the amendment be agreed to - put.

Environment
Protection (Site
Contamination)
Amendment Bill.

             Committee divided:

Ayes, 11

The Hon. A. M. Bressington

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. D.G.E. Hood

The Hon. S. M. Kanck

The Hon. R. P. Wortley

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. M. C. Parnell (Teller)

      So it was resolved in the affirmative.

Noes, 6

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. J.M.A. Lensink (Teller)

                          Clause No. 4, as amended, agreed to.

                          Clauses No. 5 to No. 10 agreed to.

                          Clause No. 11 amended and agreed to.

                          Clause No. 12 agreed to.

                          Clause No. 13 read.

                 The Hon. J. M. A. Lensink moved on page 29, after line 6, to insert new subclause as follows:

     “(4)      Section 106—after subsection (4) insert:

     (4a)      If an appeal is made against a site contamination assessment order or site remediation order by a person who, under section 103E, is taken to have assumed liability as a purchaser or transferee of land for site contamination to which the order relates, the vendor or transferor of the land is entitled to be joined as a party to the proceedings in respect of the appeal.”.

                 Question - That the amendment be agreed to - put and negatived.

                          Clause No. 13 otherwise amended and agreed to.

                          Clause No. 14 amended and 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 with amendments; whereupon the Council adopted such report.

                 The Minister for Environment and Conservation, 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.

34.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 9 be Orders of the Day for next day of sitting.

Postponement
of Business.

35.

On the Order of the Day being read for the adjourned debate on the question - That the Penola Pulp Mill Authorisation Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for next day of sitting.

Penola Pulp Mill
Authorisation Bill.

36.

Ordered - That Orders of the Day (Government Business) No. 11 to No. 13 be Orders of the Day for next day of sitting.

Postponement
of Business.

37.

Ordered - That the Council, at its rising, do adjourn until tomorrow at eleven o’clock a.m.

Next Day of Sitting.

38.

The following Messages from the House of Assembly were received and read:

Message No. 36

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Electricity Act 1996, to which it desires the concurrence of the Legislative Council.

House of Assembly, 26 September 2007.                                                  J. J. SNELLING, Speaker.

                 Bill read a first time.

                 The Minister for Police then moved - That this Bill be now read a second time.

                 On motion of the Hon. D. W. Ridgway, the debate was adjourned until next day of sitting.

Messages from
House of Assembly:
Electricity (Feed-In
Scheme - Residential
Solar Systems)
Amendment Bill.

Message No. 37

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to make provision for rail safety and other matters that form part of a system of nationally consistent rail safety laws; to amend the Railways (Operations and Access) Act 1997; to repeal the Rail Safety Act 1996; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 26 September 2007.                                                  J. J. SNELLING, Speaker.

                 Bill read a first time.

                 The Minister for Police then moved - That this Bill be now read a second time.

                 On motion of the Hon. D. W. Ridgway, the debate was adjourned until next day of sitting..

Rail Safety Bill.

Message No. 38

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Prince Alfred College Incorporation Act 1878, to which it desires the concurrence of the Legislative Council.

House of Assembly, 26 September 2007.                                                  J. J. SNELLING, Speaker.

                 Bill read a first time.

                 The Minister for Emergency Services then moved - That this Bill be now read a second time.

                 On motion of the Hon. D. W. Ridgway, the debate was adjourned until next day of sitting.

Price Alfred College
Incorporation
(Constitution of
Council)
Amendment Bill.

39.

Council adjourned at twenty-two minutes to twelve o’clock until tomorrow at eleven o’clock a.m.

Adjournment.

_________________________

Members present during any part of the sitting:

The Hon. A. M. Bressington

The Hon. A. L. Evans

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. D.G.E. Hood

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. M. C. Parnell

The Hon. D. W. Ridgway

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. N. Xenophon

The Hon. C. Zollo