Legislative Assembly 3386 4 September 1990 NOTE: There could be differences between this document and the official printed Hansard, Vol. 315-316 TUESDAY, 4 SEPTEMBER 1990 ———— Mr SPEAKER (Hon. J. Fouras, Ashgrove) read prayers and took the chair at 10 a.m. ASSENT TO BILLS Assent to the following Bills reported by Mr Speaker— Real Property Acts Amendment Bill; Property Law Act Amendment Bill; Motor Vehicles Safety Act Amendment Bill; Criminal Law (Rehabilitation of Offenders) Act Amendment Bill; Clean Air Act Amendment Bill. PETITIONS The Clerk announced the receipt of the following petitions— Literature and Films Boards of Review From Ms Robson (9 signatories) praying for the maintenance of the Literature and Films Boards of Review and for a continuation of controls outlawing the sale of all pornographic matter. Licensing of Firearms From Mrs McCauley (242 signatories) praying that a licensing system for firearms be not introduced until public debate and alternative courses of action are investigated. Similar petitions were received from Mr King (33 signatories) and Mr Springborg (229 signatories). Human Relationship Education Program From Mr Katter (153 signatories) praying that the Human Relationship Education Program be not taught in public schools. Firearms Legislation From Mr Rowell (188 signatories) praying for no changes to the existing firearm legislation. Nurses, Conditions of Employment From Mr Smyth (885 signatories) praying that consideration be given to the wages and career structure of nurses in line with the national benchmark established by the Australian Industrial Relations Commission. Roma, Regional Education Centre From Mr Cooper (644 signatories) praying that Roma be retained and expanded as the centre of a south-western region for education. Petitions received. Legislative Assembly 3387 4 September 1990 PAPERS The following papers were laid on the table— Proclamations under— Drugs Misuse Act Amendment Act 1990 Corrective Services Act Amendment Act 1990 District Courts Act 1967-1989 Orders in Council under— Fauna Conservation Act 1974-1989 Fauna Conservation Act 1974-1989 and the National Parks and Wildlife Act 1975-1989 National Parks and Wildlife Act 1975-1989 National Trust of Queensland Act 1963-1989 Jury Act 1929-1988 Supreme Court Act of 1921 Regulations under— Fauna Conservation Act 1974-1989 Marine Parks Act 1982-1988 National Parks and Wildlife Act 1975-1989 Report and balance sheet on the Downs and South-Western Queensland Racing Association for the year ended 30 June 1990. PERSONAL EXPLANATION Mr SPRINGBORG (Carnarvon) (10.06 a.m.), by leave: Mr Speaker—— Mr Burns: What did you do wrong now? Mr SPRINGBORG: Nothing. In answering a question that I asked last Thursday, the Minister for Police and Emergency Services clearly indicated that I had met with Tom Mahon of the Queensland Police Union. I point out that, up until a telephone conversation last Thursday afternoon, I had never met Tom Mahon or spoken to him, let alone obtained any information from him. The information contained in the question was common sentiment expressed throughout my electorate and other parts of Queensland, including the Minister's own electorate. I also point out that Mr Mahon is as complimentary of the Minister as the Minister is of him. PARLIAMENTARY COMMITTEE FOR CRIMINAL JUSTICE Report on Criminal Justice Commission's Report: Report on Gaming Machine Concerns and Regulations Mr BEATTIE (Brisbane Central) (10.07 a.m.): Mr Speaker, I table the report of the Parliamentary Committee for Criminal Justice on the report presented by the Criminal Justice Commission titled Report on Gaming Machine Concerns and Regulations. In doing so, I wish to thank the members of the committee—the Deputy Chairman, Bill Gunn, and members Robert Schwarten, Neville Harper, Wendy Edmond, Santo Santoro and Margaret Woodgate—for the time and effort they have contributed to the work of the committee and to the preparation of this report. I move that the report be printed. Whereupon the document was laid on the table, and ordered to be printed. Legislative Assembly 3388 4 September 1990 PARLIAMENTARY COMMITTEE FOR CRIMINAL JUSTICE Progress Report on Criminal Justice Commission Report: Reforms in Laws Relating to Homosexuality Mr BEATTIE (Brisbane Central) (10.08 a.m.): I table a progress report of the Parliamentary Committee for Criminal Justice in accordance with Standing Order 205. The report is a transcript of the evidence taken on 6 and 7 August 1990 at public hearings in relation to the committee's review of the report of the Criminal Justice Commission titled Reforms in Laws Relating to Homosexuality. Whereupon the document was laid on the table, and ordered to be printed. COMMENTS ON REPORTS PRIOR TO TABLING IN PARLIAMENT Mr SPEAKER: Honourable members, before calling "Any other business?", I wish to express to the House my concern at comments reported in the media today on aspects of the Criminal Justice Committee report on poker machines prior to its tabling in the House. I view this matter seriously and urge that, in future, honourable members restrain themselves and refrain from commenting until after the tabling of reports in the House. QUESTIONS UPON NOTICE 1. Local Authority Applications for Land Rezoning Mr ARDILL asked the Deputy Premier, Minister for Housing and Local Government— "With reference to applications for rezoning by local authorities such as the Brisbane City Council— Does he consider the right of local residents to have confidence that their residential amenity will be protected by town planning provisions which clearly identify the zoning of various areas for clearly stated purposes?" Mr BURNS: There can be no guarantee that town-planning provisions will protect residential amenity in a residential zone. All property-owners have a legal right under the relevant planning laws of the State to apply to have their land rezoned to enable that land to be put to another use. When an application to rezone land is lodged with a local authority, a person has the right to object to the proposed rezoning. All objections must be considered by the local authority in making its decision upon the application. The effect of a proposed rezoning on the amenity of an area is a town-planning issue which should be taken into consideration in the assessment of the rezoning application. If dissatisfied with the decision of the local authority, the objectors and the applicant have a right of appeal to the Local Government Court. If the local authority submits the rezoning application for approval, responsibility for making a final decision rests with the Governor in Council. Later this year, the Local Government (Planning and Environment) Bill will come into operation and will provide that, where a rezoning application has been previously refused and it is again lodged with the local authority within 12 months of that refusal, the local authority will not be empowered to deal with it. 2. Application for Rezoning of Land at Algester Mr ARDILL asked the Deputy Premier, Minister for Housing and Local Government— "(1) Is he aware that an application by Brisbane City Council Liberal Alderman Stegman to his own Council, for rezoning of his own land at Algester, from future Legislative Assembly 3389 4 September 1990 urban to general industry, is admitted to be setting the precedent for other industry intrusions to a residential suburb? (2) Is he aware that the Liberal Alderman's associates have admitted at the residents' protest meeting on 26 August, that they knew the land was in a zone, which prohibits industry, when they purchased the land? (3) Is he also aware that the previous owner of the land claims that the Brisbane City Council refused his similar application to that council, after which he sold the land to the present owners?" Mr BURNS: (1) Verbal advice received by my department is that a rezoning application was lodged on 20 July 1990 with the Brisbane City Council for the rezoning of Alderman Stegman's land at Algester from the Future Urban zone to the General Industry zone. The applicant has undertaken the public advertising procedures, with the last day for the lodgment of objections being 31 August 1990. After the advertising period is completed, the council is required to decide the application and then refer it for a final decision by the Governor in Council. No decision has been made by the council and, therefore, no precedent has been set. (2) I have been told that the Liberal alderman's associates admitted at the residents' meeting on 26 August they knew that the land was in a zone which prohibits industry when they purchased the land. (3) Based on verbal advice again, I understand that the council has no record of any application being made for a rezoning of the subject land in the last 10 years. The council's records system apparently does not allow it to easily search beyond 10 years. As a general rule, there will always be concern in the community if a member of a council applies to the council for approvals which will grant that member a financial advantage. Under the provisions of the Local Government Act and the City of Brisbane Act, an elected member who submits a rezoning application is obliged to declare the pecuniary interest he has in the matter and cannot take part in the debate or vote on the application. It is my personal view that the pecuniary interest provisions should be tightened, and that matter is being examined as part of the current review of the Local Government Act. One suggestion that has been made is that councillors should not deal in land or make application to a council of which they are a member whilst serving on that council. In addition, my department is also looking at the possibility of a code of conduct and a code of ethics for local government in this State.