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30 AUGUST 2007 Www 30 AUGUST 2007 www . hansard . act . gov . au Thursday, 30 August 2007 Murray-Darling Basin Agreement Bill 2007 ...........................................................2383 Legal Profession Amendment Bill 2007..................................................................2384 Occupational Health and Safety Amendment Bill 2007..........................................2389 Administration and Procedure—Standing Committee ............................................2392 Estimates 2007-2008—Select Committee ...............................................................2398 Executive business—precedence.............................................................................2399 Estimates 2007-2008—Select Committee ...............................................................2399 Appropriation Bill 2007-2008..................................................................................2400 Questions without notice: Cabinet—submissions..................................................................................2416 Emergency services—FireLink ...................................................................2417 No waste target ............................................................................................2419 Emergency services—FireLink ...................................................................2420 Budget—Treasurer’s advance......................................................................2421 Live in Canberra campaign..........................................................................2422 Schools—Catholic .......................................................................................2424 Emergency services—FireLink ...................................................................2425 Industrial relations—WorkChoices .............................................................2425 Policing ........................................................................................................2427 Supplementary answer to question without notice: Pace egg farm...............................................................................................2428 Papers.......................................................................................................................2429 Kama property .........................................................................................................2429 Paper ........................................................................................................................2430 National Environment Protection Council acts—review.........................................2430 Cultural Facilities Corporation ................................................................................2431 ACT mental health strategy and action plan 2003-2008 .........................................2432 Papers.......................................................................................................................2433 Construction Occupations (Licensing) Act 2004.....................................................2434 Appropriation Bill 2007-2008..................................................................................2436 Standing order 76—suspension ...............................................................................2531 Administration and Procedure—Standing Committee ............................................2531 Appropriation Bill 2007-2008..................................................................................2531 Standing orders—suspension...................................................................................2551 Estimates 2007-2008—Select Committee ...............................................................2551 Standing orders—suspension...................................................................................2551 Mr Reg Walters—retirement ...................................................................................2555 Adjournment: Education—school-based management.......................................................2556 Education—funding.....................................................................................2557 Schools—bank balances ..............................................................................2557 Education—school-based management.......................................................2558 Schools—bank balances ..............................................................................2558 Incorporated documents: Attachment 1: Documents incorporated by Mr Stefaniak ...........................2560 Answers to questions: Roads—Goyder Street (Question No 1604) ................................................2565 Stirling—block 13 section 22 (Question No 1626) .....................................2566 Roads—Horsepark Drive (Question No 1635)............................................2567 Prices—diesel fuel (Question No 1640) ......................................................2567 Canberra Hospital—breastfeeding facilities (Question No 1645) ...............2568 Gungahlin secondary college (Question No 1650)......................................2568 Education—Higher School Certificate results (Question No 1661)............2569 Universities admissions index (Question No 1662).....................................2569 Land Development Agency (Question No 1663) ........................................2573 Legislative Assembly for the ACT Thursday, 30 August 2007 MR SPEAKER (Mr Berry) took the chair at 10.30 am and asked members to stand in silence and pray or reflect on their responsibilities to the people of the Australian Capital Territory. Murray-Darling Basin Agreement Bill 2007 Mr Stanhope, pursuant to notice, presented the bill, its explanatory statement and a Human Rights Act compatibility statement. Title read by Clerk. MR STANHOPE (Ginninderra–Chief Minister, Treasurer, Minister for Business and Economic Development, Minister for Indigenous Affairs, Minister for the Environment, Water and Climate Change, Minister for the Arts) (10.32): I move: That this bill be agreed to in principle. The Murray-Darling Basin agreement promotes and coordinates effective planning and management for the equitable, efficient and sustainable use of water, land and other environmental resources of the Murray-Darling Basin. The commonwealth, New South Wales, Victoria and South Australia established the agreement in 1985 and Queensland joined in 1996. In 1997 the ACT sought and received from the Murray-Darling Basin Ministerial Council agreement for ACT participation in the Murray-Darling Basin initiative. At that time it was agreed “that the nature and extent of the ACT’s future participation and involvement could be adequately covered by a memorandum of understanding”. A memorandum of understanding was subsequently signed in March 1998. The MOU made provision for participation in programs that are relevant to the ACT, participation in ministerial council and commission meetings by ACT representatives, and set a framework for financial contribution to the initiative. The MOU specifically excluded the ACT from any involvement in or liability in respect of water management activities conducted by the commission through River Murray Water in the River Murray and Lower Darling River. However, the major shortcoming of the memorandum of understanding was the limited provision for the ACT’s participation in ministerial council and commission decisions. Both the Murray-Darling Basin Ministerial Council and commission are consensus based forums with matters being agreed unanimously, effectively giving each jurisdiction a veto. The ACT participated in discussions but not in any decisions. Thus, the ACT had no right to veto a proposal. On the other hand, the ACT was not bound by the decisions of the council. The Murray-Darling Basin agreement makes provision for the accession of new parties and specifies that the terms and conditions of participation of new parties will be set out in a schedule to the agreement. The Murray-Darling Basin Ministerial Council agreed to full ACT membership on 19 May 2006. This is incorporated in the 2383 Legislative Assembly for the ACT 30 August 2007 revised schedule H reflecting the scope of the previous memorandum of understanding but providing for full participation in relevant decision making that concerns the ACT. It continues the exclusion of the ACT from liability arising from the operation and management of the River Murray. The Murray-Darling Basin agreement requires that each participating jurisdiction enact legislation to give effect to the agreement as soon as practical after joining. This bill satisfies that requirement. It is a simple bill to give effect to the Murray-Darling Basin agreement in the ACT. The need for ACT Murray-Darling Basin agreement legislation is now more acute given the scope and provisions of the commonwealth government’s Water Bill 2007. The Murray-Darling Basin Commission will continue to function for some time irrespective of the timing of the enactment of the commonwealth government’s Water Bill 2007. Transitional arrangements of the commonwealth’s water legislation may incorporate aspects of jurisdictional participation in the Murray-Darling Basin agreement. The current form of the agreement is included as schedule 1 and schedule 2. Part 1 contains information on commencement of the act, a dictionary and terms used in the Murray Darling Basin agreement. Part 2 contains the key functions of the bill, the approval of the agreement and the function and appointment of commissioners.
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