Legislative Council
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6592 LEGISLATIVE COUNCIL Wednesday 9 April 2008 ______ The President (The Hon. Peter Thomas Primrose) took the chair at 11.00 a.m. The President read the Prayers. LOCAL GOVERNMENT AMENDMENT (ELECTIONS) BILL 2008 Bill received from the Legislative Assembly, and read a first time and ordered to be printed on motion by the Hon. Tony Kelly. Motion by the Hon. Tony Kelly agreed to: That standing orders be suspended to allow the passing of the bill through all its remaining stages during the present or any one sitting of the House. Second reading set down as an order of the day for a later hour. SOMERSBY FIELDS SAND EXTRACTION PROJECT Motion by Ms Lee Rhiannon agreed to: 1. That this House notes that: (a) a Part 3A proposal to establish a Somersby Fields Sand Extraction project on the Central Coast, a 42 hectare sand mine to operate for 15-18 years is currently before the Minister for Planning for approval, (b) on two other occasions the same development has been abandoned due to resistance from the community, (c) the project is opposed by residents, the local school community, the regional education director for the Central Coast, Gosford City Council, the Labor member for Gosford, Marie Andrews MP, and the Shadow Minister for the Central Coast, Chris Hartcher MP, (d) the sand mine will be 260 metres from Somersby Public School, resulting in students being exposed to noise and dust from the mine site, with particular concern about the risk of respiratory diseases such as silicosis, (e) a school survey showed the majority of parents will pull their children out of that school if the mine goes ahead, (f) the mine will impact on scarce local water sources drying up permanent spring flows on surrounding property and interrupting flows from three streams on the site which feed into the Central Coast water supply catchment, and (g) community opposition to the mine is also based on: (i) the impact on more than 200 local residents and many more who work in the area, (ii) increased truck movements (e.g. estimated 35 B-double trucks on F3 to Sydney between 5 a.m. and 9 a.m. weekdays), (iii) disruption to the local agricultural and horticultural industry, (iv) destruction of native flora and fauna including the Eastern Pygmy Possum and four endangered plant species such as the Tetratheca glandulosa and Diuris bracteate orchid, (v) the impact on property prices. 2. That this House calls on the Government to: (a) reject the Somersby Fields Sand Extraction project proposal, and (b) introduce legislation to create an exclusion zone forbidding any mining within three kilometres of a school or residential community in New South Wales. 9 April 2008 LEGISLATIVE COUNCIL 6593 DR GRAEME REEVES APPOINTMENT Production of Documents: Order Motion by the Hon. Don Harwin agreed to: That, under Standing Order 52, there be laid upon the table of the House within 14 days of the date of the passing of this resolution all documents in the possession, custody or control of the Minister for Health or the Department of Health relating to the appointment in 2001 of Dr Graeme Reeves to the Greater Southern Area Health Service and any document which records or refers to the production of documents as a result of this order of the House. IRON COVE BRIDGE Production of Documents: Tabling of Documents Reported to be Not Privileged Motion by Ms Lee Rhiannon agreed to: 1. That, in view of the report of the Independent Legal Arbiter, Sir Laurence Street, dated 18 March 2008, on the disputed claim of privilege on documents relating to Iron Cove Bridge, this House orders that the documents considered by the Independent Legal Arbiter not to be privileged be laid upon the table by the Clerk. 2. That, on tabling, the documents are authorised to be published. MERRYLANDS HIGH SCHOOL TEACHERS AND STAFF Motion by Dr John Kaye agreed to: That this House: (a) recognises the professionalism and courage displayed by the teachers and staff at Merrylands High School in dealing with the alleged attack on their school on Monday 7 April 2008, (b) congratulates Merrylands High School staff for protecting the students in their charge and for executing a lock down in such short time, and (c) expresses profound appreciation to teachers throughout New South Wales who regularly put the safety of their students ahead of their own well being. SERVICE OF MEMBERS OF THE LEGISLATIVE COUNCIL Motion by the Hon. Michael Veitch agreed to: 1. That this House notes that: (a) Mr Gay and Mr Macdonald have achieved 20 years of continuous service as members of the Legislative Council, and (b) on 19 March 2008 the President, Mr Primrose, celebrated the twentieth anniversary of his election to the Legislative Assembly of New South Wales. 2. That this House congratulates Mr Gay, Mr Macdonald and Mr Primrose on their service to this Chamber. CATHERINE HILL BAY RESIDENTIAL DEVELOPMENT Production of Documents: Order Motion by Ms Sylvia Hale agreed to: That, under Standing Order 52, there be laid upon the table of the House within 14 days of the date of the passing of this resolution the following documents relating to Catherine Hill Bay, Moonee Beach, Nords Wharf and Gwandalan, in the possession, custody or control of the Minister for Planning or the Department of Planning: (a) any document that relates to any application, or proposed application, by, or on behalf of, companies in the Rosecorp group for approval under Part 3A of the Environmental Planning and Assessment Act 1979 to carry out residential subdivision of sites at Catherine Hill Bay, Moonee Beach and/or Gwandalan, 6594 LEGISLATIVE COUNCIL 9 April 2008 (b) any document that relates to any application, or proposed application, by, or on behalf of, Coal and Allied for approval under Part 3A of the Environmental Planning and Assessment Act to carry out residential subdivision of sites at Catherine Hill Bay, Nords Wharf and/or Gwandalan, (c) any contract, memorandum of understanding, or deed of agreement, and any document that relates to any contract, memorandum of understanding, or deed of agreement, entered into, or proposed to be entered into, between the Minister for Planning and companies in the Rosecorp group in relation to sites at Catherine Hill Bay and/or Gwandalan, (d) any contract, memorandum of understanding, or deed of agreement, and any document that relates to any contract, memorandum of understanding, or deed of agreement, entered into, or proposed to be entered into, between the Minister for Planning and Coal and Allied in relation to sites at Catherine Hill Bay, Nords Wharf and/or Gwandalan, (e) any document that relates to any proposal for listing of sites at Catherine Hill Bay, Moonee Beach, Nords Wharf and/or Gwandalan as Specified Sites or State Significant Sites under Schedule 2 or Schedule 3 of State Environmental Planning Policy (Major Projects) 2005, (f) any reports on the ecology of sites at Catherine Hill Bay, Moonee Beach, Nords Wharf and/or Gwandalan created since 2000, including threatened species assessments, ecological constraints studies and flora and fauna studies, and (g) any documents that relate to the making of the State Environmental Planning Policy (State Significant Development) 2005 (Amendment No. 1), and (h) any document which records or refers to the production of documents as a result of this order of the House. PUBLIC SCHOOL STAFFING TRANSFER SYSTEM Motion by Dr John Kaye agreed to: That this House calls on the Minister for Education and Training to: (a) accept the offer of the NSW Teachers Federation to enter into negotiations over proposed changes to the public school staffing transfer system, and (b) negotiate in good faith to achieve a settlement that ensures that all public schools are staffed by appropriately qualified professional teachers. WORLD YOUTH DAY 2008 Production of Documents: Order Motion by Ms Lee Rhiannon agreed to: That, under Standing Order 52, there be laid upon the table of the House within 14 days of the date of the passing of this resolution the following documents in the possession, custody or control of the Treasurer, NSW Treasury, the Premier or the Department of Premier and Cabinet: (a) any document that quantifies the estimated cost to the Government of the planning, coordination and/or delivery of government services for the purposes of staging World Youth Day 2008, including direct costs or in-kind support in relation to: (i) the operations and staffing of the World Youth Day Co-ordination Authority, (ii) papal security and policing, including the establishment of the World Youth Day Security Command, (iii) accommodation of pilgrims, (iv) public transport arrangements, (v) health education for pilgrims, (vi) traffic measures and road closures, including the Sydney Harbour Bridge, (vii) ambulance, first aid and other health care services, (viii) maritime services, (ix) promotion and tourism, (x) disability services, (xi) New South Wales public servants volunteering for the purposes of World Youth Day, 9 April 2008 LEGISLATIVE COUNCIL 6595 (xii) compensation to the Australian Jockey Club and the racing industry for the use of Randwick Racecourse, (xiii) the use of public parks and public spaces and ensuing restoration costs, including the use of Centennial Park, East Darling Harbour and Hyde Park, (b) the report commissioned by the Department of State and Regional Development on the expected economic benefits to New South Wales of World Youth Day; and (c) any document which records or refers to the production of documents as a result of this order of the House. IRON COVE BRIDGE Production of Documents: Tabling of Documents Reported to be Not Privileged The Clerk tabled, pursuant to resolution this day, documents identified as not privileged in the report of the independent legal arbiter dated 18 March 2008 on the disputed claim of privilege on papers relating to the Iron Cove Bridge.