Minutes of Proceedings
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109 1998 LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY MINUTES OF PROCEEDINGS No. 14 TUESDAY, 25 AUGUST 1998 ___________________________ 1 The Assembly met at 10.30 a.m., pursuant to adjournment. The Speaker (Mr Cornwell) took the Chair and asked Members to stand in silence and pray or reflect on their responsibilities to the people of the Australian Capital Territory. 2 PETITIONS The Clerk announced that the following Members had lodged petitions for presentation: Mr Rugendyke, from 1,829 residents, requesting that the Assembly direct the Minister for Education to consult with the Hawker community, in accordance with the consultation protocol, about any current and future plans for the Hawker preschool and grounds. Ms Carnell, from 64 residents, requesting that the Assembly reverse the decision to cut $1.6 million to the Institute of the Arts so that it can continue to provide a worthwhile resource within Canberra. 3 HALL/KINLYSIDE RURAL RESIDENTIAL DEVELOPMENT - STATEMENT BY MINISTER Ms Carnell (Chief Minister), by leave, made a statement concerning the Hall/Kinlyside rural residential development. 4 HALL/KINLYSIDE RURAL RESIDENTIAL DEVELOPMENT - STATEMENT BY MINISTER Mr Humphries (Attorney-General), by leave, made a statement concerning the Hall/Kinlyside rural residential development. 5 CHIEF MINISTER AND DEPUTY CHIEF MINISTER - MOTION OF CENSURE Mr Stanhope (Leader of the Opposition), by leave, moved - That this Assembly censures the Chief Minister and the Deputy Chief Minister for deliberately or recklessly misleading the Assembly in relation to the Hall/Kinlyside development. Mr Stanhope, by leave, was granted an extension of time. Mr Stanhope, by leave, was granted a further extension of time. Mr Stanhope, by leave, was granted a further extension of time. Papers: Mr Stanhope, by leave, presented the following papers: 110 No. 14 - 25 August 1998 Hall/Kinlyside rural residential development - Copies of - Letters from: Derek Whitcombe, Managing Director, Leader Real Estate Pty Ltd to Mr Roger Gain, The Director, Don Fox Planning, dated 19 June 1997 (unsigned). Derek Whitcombe, Managing Director to Mr Gary Prattley, Executive Director, Planning and Land Management, dated 27 June 1997. Derek Whitcombe, Managing Director, Leader Real Estate Pty Ltd to Mr Mick Lilley, Executive Director of the Office of Financial Management, dated 3 June 1997. Kate Carnell, MLA, Chief Minister to Mr Gary Humphries, MLA, Minister for Planning, dated 26 June 1997. Gary Humphries, MLA, Minister for the Environment, Land and Planning, to The Hon Warwick Smith, MP, Minister for Sport, Territories and Local Government, dated 30 June 1997. Gary Humphries, MLA, Minister for the Environment, Land and Planning to Mrs Kate Carnell, MLA, Chief Minister, dated 30 June 1997. Gary Humphries, MLA, Minister for the Environment, Land and Planning to Mr Derek Whitcombe, Managing Director, Leader Real Estate Pty Ltd, dated 30 June 1997. Allan J Golding, Allan Golding Pty Ltd to Mr Bill Kearney, President of the Hall and District Progress Association, dated 16 July 1997. Roger Gain, Director, Don Fox Planning Pty Limited to Mr Derek Whitcombe, Leader Real Estate, dated 18 July 1997. Derek Whitcombe, Leader Real Estate Pty Ltd to Mr Mick Lilley, Executive Director of the Office of Financial Management, dated 18 July 1997. Derek Whitcombe, Managing Director, Leader Real Estate Pty Ltd to Mrs Kate Carnell, MLA, Chief Minister for the ACT, dated 6 April 1998. Discussion notes on the proposal from Leigh Osborne, dated 25 August 1997. E-mail from Tony Carmichael to Lyn Grant, dated 17 September 1997, together with minutes of meeting held on 2 September 1997. Minutes from: Barbara Norman, Director, Metropolitan Planning and Land Supply, Department of Urban Services to the Minister for the Environment, Land and Planning, dated 18 September 1997. Lyn Grant, dated 17 September 1997 attaching minutes of meeting on 2 September 1997 between Planning and Land Management and the Hall Progress Association. Annabelle Pegrum, Executive Director, Office of Asset Management, Chief Minister’s Department to Mr Lincoln Hawkins, Executive Director, Planning and Land Management, dated 7 May 1998. Helen McKeown for Manager, Rural and Lease Services Section, Department of Urban Services to Manager, Metropolitan Policy and Programming Section, dated 4 May 1998. Lincoln Hawkins, Executive Director, Planning and Land Management to Minister for Urban Services, dated 29 April 1998. No. 14 - 25 August 1998 111 Annabelle Pegrum, Executive Director, Office of Asset Management, Chief Minister’s Department to Chief Minister and Treasurer, dated 18 May 1998. Notes of meeting with Derek Whitcombe, dated 7 August 1997. Notes of meetings on 27 November 1997, 4 and 10 December 1997. Recommendation from Barbara Norman, Director Metropolitan Planning and Land Supply, dated 12 September 1997. Statement relating to negotiations being undertaken by Derek Whitcombe on behalf of Ashley Bolton, Kevin Bolton, Peter Bolton, Brian Bolton, Wayne Bolton and Jenny Bolton, dated 19 May 1997. Debate continued. Ms Carnell (Chief Minister), by leave, was granted an extension of time. Ms Carnell, by leave, was granted a further extension of time. Ms Carnell, by leave, was granted a further extension of time. Debate continued. Mr Quinlan, by leave, was granted an extension of time. Debate continued. Mr Humphries (Deputy Chief Minister), by leave, moved - That the debate on this motion be adjourned and the resumption of the debate be made an order of the day for a later hour this day and have precedence of other notices and orders of the day. Question - put and passed. 6 QUESTIONS Questions without notice being asked - Paper: Mr Humphries (Minister for Justice and Community Safety) presented the following paper: Prison sites in the ACT - Statutory declaration by Michael Foyat Keenan, Ministerial Adviser, dated 9 July 1998. Questions continued. 7 PRISON SITES IN THE ACT - VALLEY VIEW ARTICLE - COMMENTS BY MR HARGREAVES - STATEMENTS BY MINISTER AND MEMBERS Mr Hargreaves having made a personal explanation in relation to an article in “The Valley View” on possible prison sites in the ACT - Mr Osborne, Mr Humphries (Minister for Justice and Community Safety) and Mr Hargreaves, by leave, made statements in relation to the matter. 8 QUESTION ON NOTICE NO. 30 - ANSWER - EXPLANATION Ms Tucker, pursuant to standing order 118A, asked Mr Smyth (Minister for Urban Services) for an explanation concerning the answer to question on notice No. 30. Mr Smyth gave an explanation. 9 PRESENTATION OF PAPERS The Speaker presented the following papers: 112 No. 14 - 25 August 1998 Study trips - Reports by - Mr Hird, MLA - Sydney - 30 July 1998. Mr Quinlan, MLA - Sydney - 17 June 1998. Ms Tucker, MLA - Melbourne - November 1997. Legislative Assembly (Broadcasting of Proceedings) Act - Authority to broadcast proceedings, pursuant to subsections 4 (3) and 8 (4), concerning: Authorisation of broadcasting of committee proceedings to Government offices, dated 20 July 1998. Proceedings of the Select Committee on Estimates 1998-99 for the periods 20 to 24 July and 3 to 7 August 1998, dated 19 July 1998 and for 18 August 1998, dated 18 August 1998. Presentation of the Report of the Select Committee on Estimates 1998-99 for today, 25 August 1998, dated 25 August 1998. The Ministerial Statement on the very fast train project for today, 25 August 1998, dated 25 August 1998. No. 14 - 25 August 1998 113 Statutory Appointments Act, pursuant to subparagraph 4 (1) (a) (i) - Instrument of nomination, dated 4 June 1998. Administration (Interstate Agreements) Act, pursuant to paragraph 7 (a) - Instrument of nomination, dated 20 July 1998. Authorisation for the Tendering of Extract from Tabled Papers to Supreme Court in Manuka Business Association Incorporation & Ors v ACT & Anor, dated 14 July 1998. 10 LEGISLATION PROGRAM - SPRING 1998 SITTINGS - PAPER AND STATEMENT BY MINISTER Ms Carnell (Chief Minister) presented the following paper: Legislation Program - Spring 1998 sittings - and, by leave, made a statement in relation to the paper. 11 PRESENTATION OF PAPER Ms Carnell (Chief Minister) presented the following paper: Cultural Facilities Corporation Act, pursuant to subsection 29 (3) - Cultural Facilities Corporation - Second quarterly report (for the period 1 January to 31 March 1998). 12 PRESENTATION OF PAPERS Mr Humphries (Manager of Government Business) presented the following papers: Subordinate Legislation (including explanatory statements) and commencement provisions ACT Education Services for Overseas Students (Registration and Regulation of Providers) Act. See “Education Services for Overseas Students (Registration and Regulation of Providers) Act”. Administrative Appeals Tribunal Act and Tenancy Tribunal Act - Determination of fees and charges - No. 97 of 1998 (No. 24, dated 17 June 1998). Adoption Act - Determination of fees - No. 149 of 1998 (S173, dated 1 July 1998). Ambulance Service Levy Act - Determination of fees - No. 154 of 1998 (S174, dated 1 July 1998). Animal Diseases Act - Determination of fees - No. 139 of 1998 (S167, dated 29 June 1998). Animal Welfare Act - Determination of fees - No. 140 of 1998 (S167, dated 29 June 1998). Architects Act - Determination of fees - No. 161 of 1998 (S175, dated 9 July 1998). Births, Deaths and Marriages Registration Act - Determinations of fees - No. 116 of 1998 (S159, dated 18 June 1998). No. 151 of 1998 (S173, dated 1 July 1998). Board of Senior Secondary Studies Act - Instruments of appointment to the Board of Senior Secondary Studies until 31 December 2000 - Nos 156 - 159 of 1998 (No. 27, dated 8 July 1998). Building Act - Appendix to the Building Code of Australia - No. 177 of 1998 (No. 29, dated 22 July 1998). Determination of fees - No. 162 of 1998 (S175, dated 9 July 1998). 114 No. 14 - 25 August 1998 Revocation and adoption of Building Code of Australia - No. 176 of 1998 (No. 29, dated 22 July 1998). Building and Services Act - Determination of fees - No. 127 of 1998 (S167, dated 29 June 1998). Bushfire Act - Bushfire Regulations (Amendment) - Subordinate Law No. 8 of 1998 (S92, dated 6 March 1998) (without explanatory statement).