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Questions and Answers No. 12, Wednesday 16 October 1991

All Hansard & Papers this day




      PARLIAMENT OF NEW SOUTH WALES

      __________

      No. 12
      __________


      LEGISLATIVE COUNCIL

      QUESTIONS AND ANSWERS

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      FIRST SESSION OF THE FIFTIETH PARLIAMENT

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      WEDNESDAY 16 OCTOBER 1991

      (On the first sitting day after an adjournment of more than one week a full Questions and Answers Paper is published containing all unanswered questions. On the first sitting day of other weeks only the numbers for unanswered questions will be listed. On other days only answers and new questions are published).


      Notice given on date shown

      Page 254

      2 JULY 1991

      *18 Mr Jones asked the Minister for Planning and Minister for Energy representing the Deputy Premier, Minister for Public Works and Minister for Roads___

      (1) Has Deadmans Curve on McLeod Hill, Quamma, claimed a number of lives?

      (2) Will the Minister give top priority to ensuring that Deadmans Curve is made safer for motorists?

      Answer___

      I am advised by the Deputy Premier, Minister for Public Works and Minister for Roads that the answer to the Hon. Member's question is:

      (1) Since 1985, there have been two fatal accidents on the Highway at McLeod Hill. One was in 1988 and, according to the Police report, was due to driver error. The second fatal accident occurred in April this year when a motor cyclist was killed. Excessive speed was reported to be the cause of the fatality.

      (2) As the condition of the pavement, linemarking and signposting on the section of the Princes Highway in question is considered to be adequate, there are no proposals to carry out upgrading works on the Highway in the McLeod Hill area. However, conditions will continue to be monitored so that any enhancement measures which may be warranted can be undertaken.


      21 AUGUST 1991

      *53 Ms Kirkby asked the Minister for Planning and Minister for Energy representing the Minister for Local Government and Minister for Co-operatives___

      Is the Local Government authority of a region liable in the event of an accident involving obstructions on public footpaths, such as advertising signs, parked cars or business activity?

      Answer___

      I am advised by the Minister for Local Government and Minister for Co-operatives that the answer to the Hon. Member's question is:

      The person primarily liable in the event of an accident involving an obstruction placed on a footpath is the person who placed the obstruction on the footpath.


      Page 255

      A local council has certain powers under the Local Government Act 1919 and Ordinances to license, control and prohibit objects placed on footpaths for business activity or otherwise. Under the common law of negligence a local council may also be liable as a result of accidents involving objects on footpaths.

      In addition, the Police have responsibility for regulating obstructions on footpaths under the Motor Traffic Regulations 1935, General Traffic Regulations 1916 and the General Traffic (Pedestrian) Regulations 1937 made pursuant to the Traffic Act 1909. In many cases, the provisions of the Traffic Regulations concerning control of footpaths overlap with the Local Government Ordinances. Where this occurs, the terms of the Traffic Regulations almost always prevail.

      The permutations and variations of situations exposing a council or others to possible liability are too numerous to address in reply to the question asked. Further, in canvassing all possibilities, an onerous and undue burden would be placed on resources.


      *54 Ms Kirkby asked the Minister for Planning and Minister for Energy___

      (1) In allowing Australian Newsprint Mills to establish its paper brightening mill in Albury, has the Minister taken a unilateral decision on a project which, through its impact on the Murray River also involves the Victorian, South Australian and the Federal Governments?

      (2) Has the Minister approved a plant which will release DPTA (diethylenetriaminpentaacetic acid) heavy metals and organics into the Murray River, although the Murray-Darling Ministerial Council (of which N.S.W. is a member) policy is "To maintain and where necessary, improve existing water quality in the rivers of the Murray Darling Basin"?

      (3) If the effect of DPTA, heavy metals and organics has not been fully studied, how can the full impact of the mill's discharge into the Murray River drinking and irrigation water be properly assessed?

      (4) Has the Minister approved the mill without fully evaluating the option of land based disposal?

      (5) Has the Minister followed the minimum proviso stated by the Commission of Inquiry that the disposing of effluent be limited to a period of 5 years?


      Page 256

      Answer___

      (1) No. The New South Wales Government received advice from the then Chairman of the Murray-Darling Basin Ministerial Council, Mr Kerin, prior to my decision on the proposed brightening facility. This advice stated that the Council considered the facility should be approved with interim approval to waste water disposal into the river. The Ministerial Council also considered that off-river options should be investigated and implemented if proven to be economic and feasible. I have required Australian Newsprint Mills (ANM) to investigate alternative waste water disposal options. ANM has given its written undertaking that it will implement an alternative disposal option if this investigation programme shows an alternative to be economically feasible and environmentally more desirable than disposal into the river. The approach I have taken is a responsible one which is in accordance with the principles contained in the decision of the Murray-Darling Basin Ministerial Council.

      (2) The proposed facility was examined by a Commission of Inquiry under the Environmental Planning and Assessment Act, 1979. The Commissioners found that the treated waste water would have negligible impact on water quality and the Murray River ecosystem. The Commissioners recommended approval.

      (3) I have made the consent subject to a number of stringent conditions. These conditions will require extensive monitoring and testing of the waste water and its impact. The results of this work will enable the State Pollution Control Commission to set appropriate standards in issuing a discharge licence. The consent also requires that the results of the various testing, monitoring and investigation programmes be made public.

      (4) A range of options for waste water disposal were discussed in the environmental impact statement and the report of the Commissioners of Inquiry. These documents were considered in reaching a decision on the conditions of consent. One of those conditions requires the company to investigate off-river disposal options and report to me on this matter by mid 1992.

      (5) This was not a minimum proviso of the Commissioners. Rather, it was one option. The Commissioners found that on the weight of technical evidence effluent disposal into the river is acceptable.


      *61 Mr Jones asked the Minister for Planning and Minister for Energy___

      (1) Did the Earth Exchange install thousands of dollars worth of imported loudspeakers this year?

      (2) If so, why did the Earth Exchange not purchase Australian loudspeakers of an identical type and lower price?


      Page 257

      (3) Will the Minister ensure that his Government Departments adopt a "Buy Australian" policy so that the general public will take pride in Australian products and actively seek them out when considering a purchase?

      (4) Will the Minister ensure that the Government will purchase Australian wherever they are of equal quality and capacity and competitively priced?

      Answer___

      The matters raised in this question come within the administration of the Minister for Natural Resources.


      22 AUGUST 1991

      *66 Mr Egan asked the Minister for Planning and Minister for Energy___

      (1) What was the cost in 1990/91 of structural alterations, fit-outs, refurbishment, and new furniture at Elcom's Head Office?

      (2) What is the projected cost for such items in 1991/92?

      (3) Why have these costs been incurred?

      Answer___

      (1) $9,536,000.

      (2) $27,874,000.

      (3) In 1989 a significant amount of asbestos was found in Electricity House. Investigations and tests carried out by architectural consultants concluded that asbestos was present on all floors within the building, and that it would be necessary to strip each floor of carpeting, offices, partitions, ceilings, curtains etc. to enable the asbestos to be removed. The investigations also revealed that toilets and tea rooms were affected, and would need to be dismantled to remove the asbestos.

      This remedial work, now well in hand, will remove any possibility of potential health risks to staff, and will also remove any stigma of an "asbestos building".

      Because of the extensive amount of remedial work involved, the opportunity was taken to cost-effectively refurbish the building at the same time to make it comparable with today's modern building standards.


      Page 258

      As part of this refurbishment the opportunity was taken to install office workstations which provide better use of floor accommodation. In addition, an energy efficiency study has enabled a re-design of lighting and air conditioning which will ensure energy cost savings in the future.

      A review of the Commission's occupation of Electricity House subsequent to organisational changes concluded that the best commercial arrangement was to rationalise the commission's accommodation within the mid-rise floors, and to make available for leasing at commercial rentals the high and low-rise levels of some 16 floors.

      The expenditure to restore Electricity House to a healthy, well presented building with modern building standards is justified. Aside from the health aspects for all building inhabitants being met, the presence of asbestos in the building would have dramatically reduced its capital value and leasing potential.


      *68 Mr Egan asked the Minister for Planning and Minister for Energy representing the Deputy Premier, Minister for Public Works and Minister for Roads___

      (1) Has the driver of the former Minister for Planning, Mr David Hay, been appointed to a position in the Department of Planning?

      (2) If so, was this position formerly occupied by an employee who has accepted redundancy?

      Answer___

      As the Minister for Planning, this is a matter which comes within my administration. The answer to the Hon. Member's question is:

      (1) The person who was the driver for the former Minister for Planning, Mr David Hay, has been employed with the Department of Planning since 2 July 1990. Prior to that date he was employed by the Department of Local Government.

      (2) This employee has been temporarily appointed to a position, in the Department's Head Office, while the actual occupant is on leave for an extended period.

      Another person who had been employed as a Clerk of Works with the Department had previously relieved in the same position also on a temporary basis. This was because the position of a Clerk of Works was no longer needed by the Department. That person subsequently accepted redundancy.



      Page 259

      27 AUGUST 1991

      *86 Mr Jones asked the Minister for Planning and Minister for Energy___

      (1) Is the Port Stephens Shire Council currently considering a proposal to extend the Marina at Corlette Point Road, Corlette?

      (2) Does this proposal affect 2.35 hectares of virgin, unleased, Crown Lands?

      (3) Is part of the proposed site unzoned?

      (4) If so, has the Council followed the procedures for Building Applications?

      (5) Does the EIS for the proposal state that the velocity of water on an inward and ebb tide could increase by as much as 30%?

      (6) If so, does this present a potential navigational hazard for small craft?

      (7) Do the areas of Crown Land adjacent to Lot 485 have Aboriginal Claims on them?

      (8) Will the development interrupt the natural sand and weed movement of the beaches of the area?

      (9) Does the site contain a scenic public rock shelf with geological formations unique to the Hunter Valley?

      (10) Will the Minister be taking any action in regard to this proposal?

      (11) If so, what?

      Answer___

      (1) Yes. Port Stephens Shire Council is considering a building application in respect of the development of a marina and hotel complex for which development consent was granted by the Land and Environment Court in September 1990.

      (2) Yes. Whilst a lease already exists for part of the site, the Minister administering the Crown Lands Act is considering an additional lease area of approximately 2.6 hectares being made available for the proposed development.

      (3) Yes. Port Stephens Local Environmental Plan 1987 permits development to be carried out on unzoned land below high water mark, subject to development consent being obtained.

      (4) Yes. The Council is empowered to consider any building applications submitted to it for consideration within the terms of the development consent granted by the Court.


      Page 260

      (5) Yes. Documents submitted with the Environmental Impact Statement for the proposed development made reference to the velocity of water on the flood and ebb-tide increasing by approximately 30% as a result of the construction of the harbour.

      (6) The issue of a potential navigational hazard for small craft was raised in the hearing before the Land and Environment Court. The Court concluded, upon expert evidence, that concerns as to navigational safety had not been proved.

      (7) No.

      (8) The Land and Environment Court addressed the issue of sand movement and sea grass beds and was satisfied that the development would have negligible impact on sand movement and that sea grass beds could be replanted with any impact being insignificant.

      (9) I am not aware of the site containing a scenic public rock shelf with geological formations unique to the Hunter Valley. This issue was not raised during the development application or EIS process nor was it raised in the hearing before the Land and Environment Court. An archaeological study carried out as part of the EIS concluded that the rock shelf areas upon which the development was to take place were completely disturbed by earlier development and no longer remained in their natural state.

      (10) No.

      (11) No.


      *92 Mr Jones asked the Minister for Planning and Minister for Energy___

      (1) Is it illegal for a neighbour to sell electricity to another neighbour?

      (2) If so, will the Minister consider amending the law so that people in remote areas are able to co-operate in an exchange of power generated by solar or other environmentally clean generation systems?

      Answer___

      (1) The Electricity Act 1945 makes it an offence to erect any power station or transmission line or supply electricity to the public except with the approval of the Energy Corporation of New South Wales.

      (2) There is no need to amend the law. If people in remote areas are able to co-operate in the generation of electricity by solar or other environmentally clean means they need only put their proposals to the Energy Corporation for approval. The Energy Corporation is pleased to be able to offer technical information to assist in the establishment of remote area power generation systems.


      15 OCTOBER 1991


      Page 261

      145 Mr Dyer to ask the Minister for Health and Community Services___

      (1) Are certain Management services of the Department of Community Services such as Legal, Management Review, Internal Audit, Computer Services, Overseas and Local Adoption to be contracted out in part so as to save some fixed costs?

      (2) How much money will be saved in fixed costs and how much more will be spent in providing these services through contracted agreements?

      (3) How will the quality of contracted services be monitored?


      146 Mr Dyer to ask the Minister for Health and Community Services___

      (1) How much money and time was spent on the recent Needs Based Planning Strategy of the Department of Community Services?

      (2) How much of this material will be made available to community service organisations who are now required to develop their own needs indicators and performance targets?

      (3) Will needs and performance indicators be part of the formal funding agreement between the Department and individual organisations?


      147 Mr Dyer to ask the Minister for Health and Community Services___

      (1) Who is currently responsible for the training of District Officers of the Department of Community Services?

      (2) How many District Officers have been working for the Department for more than six months without having received specific District Officer training?







      John Evans
      Clerk of the Parliaments



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      Authorised by the Parliament of New South Wales

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