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Minutes No. 113, Tuesday 3 July 2001
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1095
PARLIAMENT OF NEW SOUTH WALES
__________
No. 113
__________
MINUTES OF THE PROCEEDINGS
OF THE
LEGISLATIVE COUNCIL
____________________
SECOND SESSION OF THE FIFTY-SECOND PARLIAMENT
____________________
TUESDAY 3 JULY 2001
1 The House met at 11.00 am according to adjournment. The President took the Chair and read the Prayers.
Members present—
The Honourable Doctor Meredith Anne Burgmann, MA(Syd) PhD(Macq), President
The Honourable Peter James Breen, DipLaw
The Honourable Janice Carolyn Burnswoods,
BA(Hons) DipEd
The Honourable Doctor Arthur Chesterfield-Evans,
MB BS FRCS(Eng) MApplSci(OHS)
The Honourable Ian Cohen, BA DipEd
The Honourable Richard Hargrave Colless, HD App
Sci(Agric)
The Honourable John Joseph Della Bosca, BA
The Honourable Ronald David Dyer, DipLaw DipCrim
The Honourable Amanda Ruth Fazio
The Honourable Patricia Forsythe, BA DipEd
The Honourable Michael Joseph Gallacher, BProf St
The Honourable Jennifer Ann Gardiner, BBus
The Honourable Duncan John Gay
The Honourable Donald Thomas Harwin, BEc(Hons)
The Honourable John Hughes Jobling, PhC MPS
The Honourable John Richard Johnson
The Honourable Malcolm Irving Jones
The Honourable Richard Stanley Leigh Jones | The Honourable Charlie John Stuart Lynn, psc
The Honourable Ian Michael Macdonald, BA(Hons)
The Honourable Douglas Frederick Moppett, BScAgr
The Honourable Elaine Blanche Nile
The Reverend the Honourable Frederick John Nile,
ED LTh
The Honourable David Ernest Oldfield
The Honourable Gregory Stephen Pearce, BA LLB
The Honourable Peter Thomas Primrose,
B SocStud(Syd)
Ms Lee Rhiannon
The Honourable John Francis Ryan, BA(Hons) DipEd
The Honourable Janelle Anne Saffin
The Honourable Carmel Mary Tebbutt, BEc
The Honourable Henry Shiu-Lung Tsang, OAM
BArch(NSW) DipBdg Sc(Syd) Fellow(UTS)
The Honourable Ian William West
The Honourable Doctor Peter Wong, AM MB BS(Syd)
BPharm(Syd) |
2 QUESTION TIME (Formal Business)
Mr Della Bosca moved, according to Notice: That Questions commence at 3.30 pm on Tuesday 3 July 2001.
Question put and passed.
3 PETITIONS
Native Animals
Mr Richard Jones presented a petition from 115 citizens of New South Wales stating that they are totally opposed to any proposal to legalise the keeping of native animals as pets, and praying the House will reject such proposal.
Petition received.
Gosford City Council Pound
Mr Richard Jones presented a petition from 89 citizens of New South Wales stating that dogs receive cruel and callous treatment at the Gosford City Council pound and praying that the House will introduce legislation to ensure that high standards of care are provided for all animals held in council pounds.
Petition received.
Sniffer Dogs
Mr Richard Jones presented a petition from 42 citizens of New South Wales stating that the use of cannabis sniffer dogs to stop and search residents and visitors is a harmful violation of civil liberties and praying the House will ask the Minister of Police to intervene to put an end to their use.
Petition received.
4 NOTICE OF MOTION WITHDRAWN
Mr Moppett withdrew Private Members’ Business item No. 21 outside the Order of Precedence standing in his name on the Notice Paper for today relating to the West 2000 Rural Partnership program.
5 SUSPENSION OF STANDING AND SESSIONAL ORDERS—RETIREMENT OF THE HONOURABLE JOHN JOHNSON, MLC
On the President calling on the Clerk to read the Order of the Day, Mr Gay moved, according to Contingent Notice: That Standing and Sessional Orders be suspended to allow a motion to be moved forthwith that Private Members’ Business item No. 93 outside the Order of Precedence relating to the retirement of Mr Johnson be called on forthwith.
Question put and passed.
Mr Gay then moved: That Private Members’ Business item No. 93 outside the Order of Precedence be called on forthwith.
Question put and passed.
6 RETIREMENT OF THE HONOURABLE JOHN JOHNSON, MLC
Mr Gay moved, according to Notice: That this House records its appreciation of the Honourable John Johnson for services to the Legislative Council and the people of New South Wales, both as a Member of the Council for 26 years and as President of the House for 13 years.
Debate ensued.
____________________
Ms Saffin sought the leave of the House to extend the time for debate.
No objection taken.
Leave granted.
____________________
Debate continued.
Question put and passed unanimously.
____________________
According to resolution of the House this day, it being after 3.30 pm, proceedings interrupted for Questions.
____________________
7 QUESTIONS
8 STANDING COMMITTEE ON SOCIAL ISSUES
Mr Della Bosca sought the leave of the House to move a motion forthwith relating to the Standing Committee on Social Issues.
No objection taken.
Leave granted.
Mr Della Bosca moved, by leave and without previous notice: That the Standing Committee on Social Issues have leave to sit during the sittings or any adjournment of the House on Wednesday 4 July and Thursday 5 July 2001.
Debate ensued.
Question put and passed.
9 STATUTORY RULES AND INSTRUMENTS TABLED BY THE CLERK
The Clerk tabled the following Statutory Rules and Instruments, published in the Government Gazette to Friday 29 June 2001.
Statutory Rules and Instruments:
(1) Agricultural Industry Services Act 1998—Agricultural Industry Services (Nursery Industry Services Committee) Regulation 2001 (Gazette 103, 29/6/2001, p 4447).
(2) Casino Control Act 1992—Casino Control Amendment (Merger of Functions) Regulation 2001 (Gazette 103, 29/6/2001, p 4455).
(3) Construction Safety Act 1912—Construction Safety Amendment (Fees) Regulation 2001 (Gazette 103, 29/6/2001, p 4463).
(4) Conveyancing Act 1919—Conveyancing (General) Amendment (Fees) Regulation 2001 (Gazette 103, 29/6/2001, p 4467).
(5) District Court Act 1973—
(a) District Court Amendment (Discovery and Inspection) Rule 2001 (Gazette 103, 29/6/2001, p 5026),
(b) District Court Amendment (Fees) Regulation 2001 (Gazette 103, 29/6/2001, p 4476).
(6) Driving Instructors Act 1992—Driving Instructors Amendment (Fees) Regulation 2001 (Gazette 103, 29/6/2001, p 4481).
(7) Dust Diseases Tribunal Act 1989—Dust Diseases Tribunal Regulation 2001 (Gazette 103, 29/6/2001, p 4484).
(8) Electricity Supply Act 1995—Electricity Supply (General) Regulation 2001 (Gazette 103, 29/6/2001, p 4494).
(9) Firearms Act 1996—Firearms (General) Amendment (Temporary Amnesty) Regulation 2001 (Gazette 103, 29/6/2001, p 4595).
(10) Fisheries Management Act 1994—
(a) Fisheries Management (Abalone Share Management Plan) Amendment (Fees) Regulation 2001 (Gazette 103, 29/6/2001, p 4598),
(b) Fisheries Management (Aquaculture) Amendment (Fees) Regulation 2001 (Gazette 103, 29/6/2001, p 4601),
(c) Fisheries Management (General) Amendment (Fees) Regulation 2001 (Gazette 103, 29/6/2001, p 4606),
(d) Fisheries Management (Lobster Share Management Plan) Amendment (Fees) Regulation 2001 (Gazette 103, 29/6/2001, p 4613).
(11) Fitness Services (Pre-paid Fees) Act 2000—Fitness Services (Pre-paid Fees) Regulation 2001 (Gazette 103, 29/6/2001, p 4616).
(12) Gas Supply Act 1996—
(a) Gas Supply (General) Amendment (Natural Gas Standards) Regulation 2001 (Gazette 103, 29/6/2001, p 4632),
(b) Gas Supply (Miscellaneous Amendments) Regulation 2001 (Gazette 103, 29/6/2001, p 4641).
(13) Jury Act 1977—Jury Amendment (Fees) Regulation 2001 (Gazette 103, 29/6/2001, p 4648).
(14) Justices Act 1902—Justices (General) Amendment (Fees) Regulation 2001 (Gazette 103, 29/6/2001, p 4652).
(15) Land and Environment Court Act 1979—Land and Environment Court Amendment (Fees) Regulation 2001 (Gazette 103, 29/6/2001, p 4656).
(16) Legal Profession Act 1987—
(a) Legal Profession Amendment (Incorporated Legal Practices) Regulation 2001 (Gazette 103, 29/6/2001, p 4662),
(b) Legal Profession Amendment (Practising Certificates) Regulation 2001 (Gazette 103, 29/6/2001, p 4681).
(17) Local Courts (Civil Claims) Act 1970—Local Courts (Civil Claims) Amendment (Fees) Regulation 2001 (Gazette 103, 29/6/2001, p 4685).
(18) Occupational Health and Safety Act 1983—Occupational Health and Safety (Savings and Transitional) Amendment Regulation 2001 (Gazette 103, 29/6/2001, p 4690).
(19) Property, Stock and Business Agents Act 1941—Property, Stock and Business Agents (General) Amendment Regulation 2001 (Gazette 103, 29/6/2001, p 4692).
(20) Public Authorities (Financial Arrangements) Act 1987—
(a) Public Authorities (Financial Arrangements) Amendment (Crown Transactions Entity) Regulation 2001 (Gazette 103, 29/6/2001, p 4695),
(b) Public Authorities (Financial Arrangements) Amendment (Hour-Glass Investment Facility) Regulation 2001 (Gazette 103, 29/6/2001, p 4698),
(c) Public Authorities (Financial Arrangements) Amendment (Public Sector Mapping Agency) Regulation 2001 (Gazette 103, 29/6/2001, p 4700).
(21) Real Property Act 1900—Real Property Amendment (Fees) Regulation 2001 (Gazette 103, 29/6/2001, p 4703).
(22) Residential Tribunal Act 1998—Residential Tribunal Amendment Regulation 2001 (Gazette 103, 29/6/2001, p 4712).
(23) Road Transport (Driver Licensing) Act 1998—
(a) Road Transport (Driver Licensing) Amendment (Car-based Motor Tricycles) Regulation 2001 (Gazette 103, 29/6/2001, p 4722),
(b) Road Transport (Driver Licensing) Amendment (Fees) Regulation 2001 (Gazette 103, 29/6/2001, p 4726).
(24) Road Transport (General) Act 1999—
(a) Road Transport (General) Amendment (Fees) Regulation 2001 (Gazette 103, 29/6/2001, p 4730),
(b) Road Transport (General) (Short Descriptions and Penalty Notice Offences) Amendment (Car-based Motor Tricycles) Regulation 2001 (Gazette 103, 29/6/2001, p 4733),
(c) Road Transport (General) (Short Descriptions and Penalty Notice Offences) Amendment Regulation 2001 (Gazette 103, 29/6/2001, p 4736).
(25) Road Transport (Safety and Traffic Management) Act 1999—
(a) Road Transport (Safety and Traffic Management) (Driver Fatigue) Amendment (TFMS Fee) Regulation 2001 (Gazette 103, 29/6/2001, p 4948),
(b) Road Transport (Safety and Traffic Management) (Road Rules) Amendment (Car-based Motor Tricycles) Regulation 2001 (Gazette 103, 29/6/2001, p 4950),
(c) Road Transport (Safety and Traffic Management) (Road Rules) Amendment (Tow-away Charge) Regulation 2001 (Gazette 103, 29/6/2001, p 4953).
(26) Road Transport (Vehicle Registration) Act 1997—Road Transport (Vehicle Registration) Amendment (Fees) Regulation 2001 (Gazette 103, 29/6/2001, p 4956).
(27) Roads Act 1993—
(a) Road Transport (Mass, Loading and Access) Amendment (Fees) Regulation 2001 (Gazette 103, 29/6/2001, p 4945),
(b) Roads (General) Amendment (Penalty Notices) Regulation 2001 (Gazette 103, 29/6/2001, p 4715).
(28) Security Industry Act 1997—Security Industry Amendment Regulation 2001 (Gazette 103, 29/6/2001, p 4963).
(29) Sheriff Act 1900—Scale of Fees (Gazette 103, 29/6/2001, p 5042).
(30) Strata Schemes (Freehold Development) Act 1973—Strata Schemes (Freehold Development) Amendment (Fees) Regulation 2001 (Gazette 103, 29/6/2001, p 4966).
(31) Strata Schemes (Leasehold Development) Act 1986—Strata Schemes (Leasehold Development) Amendment (Fees) Regulation 2001 (Gazette 103, 29/6/2001, p 4972).
(32) Supreme Court Act 1970—Supreme Court Amendment (Fees) Regulation 2001 (Gazette 103, 29/6/2001, p 4978).
(33) Workers Compensation Act 1987 and the Workplace Injury Management and Workers Compensation Act 1998—
(a) Workers Compensation (General) Amendment (Conciliation Conference Fees) Regulation 2001 (Gazette 103, 29/6/2001, p 4990),
(b) Workers Compensation (Insurance Premiums) Amendment (Premium Discount Scheme) Regulation 2001 (Gazette 103, 29/6/2001, p 4994).
10 BUSINESS POSTPONED
Orders of the Day Nos 1 and 2 on the Notice Paper of Government Business postponed, on motion of Mr Macdonald, until a later hour of the sitting.
11 SYDNEY OLYMPIC PARK AUTHORITY BILL
On the Order of the Day being read, Mr Macdonald moved: That this Bill be now read a second time.
Leave granted for the mover’s second reading speech to be incorporated in Hansard.
Debate ensued.
Question put and passed.
Bill read a second time.
The Deputy President (Revd Mr Nile) left the Chair and the House sat as a Committee of the Whole for consideration of this Bill.
The Committee reported the Bill with amendments.
The House adopted the Report.
Standing Orders having been suspended Thursday 21 June 2001—
Bill, on motion of Mr Macdonald, read a third time.
Bill returned to the Legislative Assembly with the following amendments in which the concurrence of the Legislative Assembly was requested.
SYDNEY OLYMPIC PARK AUTHORITY BILL
______________________________________
Schedule of the amendments referred to in the Legislative Council’s Message of 3 July 2001.
No. 1 Page 2. Insert after line 6:
3 Objects
The objects of this Act are to make all reasonable attempts to:
(a) ensure that Sydney Olympic Park becomes an active and vibrant town centre within metropolitan Sydney, and
(b) ensure that Sydney Olympic Park becomes a premium destination for cultural, entertainment, recreation and sporting events, and
(c) ensure that any new development carried out under or in accordance with this Act accords with best practice environmental and town planning standards, and
(d) ensure the protection and enhancement of the natural heritage of the Millennium Parklands.
No. 2 Page 2, clause 3. Insert after line 15:
Environmental Guidelines means the Environmental Guidelines for the Summer Olympic Games prepared by Sydney Olympic 2000 Bid Limited and dated September 1993, as amended from time to time under this Act.
No. 3 Page 8, clause 17. Insert after line 27:
(3) The Authority, in preparing the master plan, must ensure that public notice of the draft plan is given in a newspaper circulating throughout the State.
No. 4 Page 8, clause 17, line 29. Insert “The Minister may not approve the master plan unless it complies with the requirements of the environmental planning instrument referred to in subsection (4).” after “Planning”.
No. 5 Page 8, clause 17. Insert after line 29:
(4) The Minister for Urban Affairs and Planning must not approve the master plan, or any amendment of the master plan, unless that Minister has considered whether the master plan or the amendment is consistent with the Environmental Guidelines.
No. 6 Page 8, clause 17. Insert after line 29:
(4) The master plan for Sydney Olympic Park must be consistent with the plan of management for the Millennium Parklands under Division 3 of this Part.
No. 7 Page 9, clause 17, line 3. Omit “may”. Insert instead “must”.
No. 8 Page 9, clause 17, line 4. Insert “and public exhibition requirements for the master plan” after “plan”.
No. 9 Page 9. Insert after line 27:
19 Development to be consistent with Environmental Guidelines
Before carrying out any proposed development, the Authority is to consider whether the proposed development is consistent with the Environmental Guidelines.
No. 10 Page 10, clause 20. Insert after line 4:
(2) In determining an application for consent to carry out development on land within Sydney Olympic Park, the Minister for Urban Affairs and Planning must consider the consistency of the proposed development with the Environmental Guidelines.
No. 11 Page 12, clause 28. Insert after line 21:
(5) In order to assist the making of future additions of land to the Newington Nature Reserve, the Authority must manage the lands adjoining the Reserve in sympathy with the Reserve.
No. 12 Page 12, clause 30, line 30. After “may,”, insert “in accordance with the provisions of this section and”.
No. 13 Page 13, clause 30. Insert before line 1:
(2) A lease, licence or any other interest or estate in respect of the Millennium Parklands may be granted by the Authority:
(a) for the provision of public utilities and works associated with or ancillary to public utilities, or
(b) in accordance with an express authorisation in the plan of management for the Millennium Parklands and with such provisions of the plan of management as apply to the granting of the lease, licence or other interest or estate.
(3) The plan of management is to specify the purpose for which any such lease, licence or other interest or estate is to be granted by tender only.
(4) If the Authority proposes to grant a lease, licence or other interest or estate in respect of the Millennium Parklands, the Authority must:
(a) give public notice of the proposal, and
(b) exhibit notice of the proposal on the land to which the proposal relates, and
(c) give notice of the proposal to such persons as appear to the Authority to own or occupy the land adjoining the land to which the proposal relates.
(5) The notice of the proposal must include:
(a) information sufficient to identify the land concerned, and
(b) the purpose for which the land will be used under the proposed lease, licence or other interest or estate, and
(c) the full term of the proposed lease, licence or other interest or estate, and
(d) the name (if known) of the person to whom it is proposed to grant the lease, licence or other interest or estate, and
(e) a statement that submissions in writing may be made with respect to the granting of the proposed lease, licence or other interest or estate within such period (of not less than 28 days) as is specified in the notice.
(6) Any person may make a submission in writing on the proposal to the Authority during the period specified in the notice.
(7) The Authority must, before granting the proposed lease, licence or other interest or estate, take into consideration all submissions duly made to it.
(8) In addition to any other restrictions created by a lease granted under subsection (1), land that is the subject of any such lease cannot be sublet for a purpose other than a purpose for which the land is permitted to be used under the plan of management.
No. 14 Page 13, clause 32. Insert after line 35:
(4) Sections 36-36N of the Local Government Act 1993 (other than sections 36 (1) and (2), 36A (2), 36A (3) (d) and (5), 36B (3), (4) (d) and (6), 36C (2) and (5) and 36D (2), (3) (d) and (5) of that Act) apply to and in respect of the Millennium Parklands as if:
(a) the Millennium Parklands were community land within the meaning of that Act, and
(b) the Authority were a council within the meaning of that Act, and
(c) section 36 (4) of that Act included “contaminated land” as a category.
(5) A plan of management, and a report that includes a summary of public submissions and responses by the Authority, must be available for public inspection at, and purchase from, the office of the Authority during ordinary office hours.
No. 15 Page 13, clause 32. Insert after line 35:
(4) The Authority must ensure that the plan of management includes, after consultation with the Director-General of National Parks and Wildlife, a proposal that land adjoining the Newington Nature Reserve is to be managed as a buffer to that reserve.
No. 16 Page 14, clause 33, lines 3 to 5. Omit all words on those lines.
No. 17 Page 14, clause 33, line 20. Insert “and a report that includes a summary of public submissions and responses by the Authority” after “Millennium Parklands”.
No. 18 Page 14, clause 33. Insert after line 28:
(7) Once the plan of management is adopted, any member of the public is entitled to inspect, free of charge, at the office of the Authority during ordinary office hours:
(a) a copy of the plan, and
(b) a copy of a report on the public submissions, and the responses by the Authority, made in respect of the plan.
No. 19 Page 14, clause 33. Insert after line 28:
(7) The Minister must not adopt the plan of management, or any amendment of a plan of management, unless the Minister has considered the consistency of the plan, or the amendment, with the Environmental Guidelines.
No. 20 Page 15, clause 35. Insert after line 6:
(2) The Millennium Parklands must be used and managed in accordance with the plan of management.
(3) Pending adoption of the plan, the nature and use of the Millennium Parklands cannot be changed.
No. 21 Page 19. Insert after line 13:
46 Maintenance and extension of water reuse system
(1) The Authority must maintain and extend, to the greatest extent practicable, the use of the Water Reclamation and Management Scheme at Sydney Olympic Park.
(2) The Authority must encourage the use of renewable energy.
No. 22 Page 19. Insert after line 14:
46 Amendment of Environmental Guidelines
(1) The Authority may, with the consent of the Minister, amend the Environmental Guidelines.
(2) Before the Minister gives consent to a proposed amendment to the Environmental Guidelines, the Authority must:
(a) give public notice of its intention to amend the Guidelines, and
(b) publicly exhibit the proposed amendment for a period of not less than 28 days.
(3) During the period of public exhibition referred to in subsection (2) (b), any person may make a written submission to the Authority concerning the proposed amendment.
(4) When submitting an amendment to the Minister for approval, the Authority must give the Minister a report that includes a summary of public submissions and responses by the Authority.
(5) The Environmental Guidelines may be amended only if:
(a) the proposed amendment will improve the environmental outcomes provided for in those Guidelines, and
(b) the Minister for Urban Affairs and Planning has been consulted on the proposed amendment.
(6) Any member of the public is entitled to inspect, free of charge, at the office of the Authority during ordinary business hours, a copy of the Environmental Guidelines and a copy of the report referred to in subsection (4).
No. 23 Page 19. Insert after line 14:
46 Annual state of environment report
(1) The Authority must produce an annual report as to the state of the environment in Sydney Olympic Park, and in particular in relation to the following environmental sectors:
(a) land,
(b) air,
(c) water,
(d) biodiversity,
(e) waste,
(f) noise,
(g) Aboriginal heritage,
(h) non-Aboriginal heritage,
with particular reference, with regard to each such environmental sector, to:
(i) management plans relating to the environment, and
(j) special projects relating to the environment, and
(k) the environmental impact of activities at Sydney Olympic Park, and
(l) environmental impacts from the operation of buildings at Sydney Olympic Park.
(2) In preparing the report, the Authority must make reasonable endeavours to obtain information in relation to any land, building or facility that is not owned or under the control of the Authority and that is relevant for the purposes of this section.
12 WASTE AVOIDANCE AND RESOURCE RECOVERY BILL
Order of the Day read for resumption of the adjourned debate of the question on the motion of Ms Tebbutt: That this Bill be now read a second time.
Debate resumed.
Dr Chesterfield-Evans sought leave to speak a second time in debate.
No objection taken.
Leave granted.
Debate continued.
Question put and passed.
Bill read a second time.
The Deputy President (Revd Mr Nile) left the Chair and the House sat as a Committee of the Whole for consideration of this Bill.
The Committee reported the Bill with amendments.
The House adopted the Report.
Standing Orders having been suspended Tuesday 26 June 2001—
Bill, on motion of Ms Tebbutt, read a third time.
Bill returned to the Legislative Assembly with the following amendments in which the concurrence of the Legislative Assembly was requested.
WASTE AVOIDANCE AND RESOURCE RECOVERY BILL
______________________________________
Schedule of the amendments referred to in the Legislative Council’s Message of 3 July 2001.
No. 1 Page 4, clause 6. Insert after line 22:
(b) to develop, co-ordinate and monitor the implementation of event and public space waste management codes,
No. 2 Page 4, clause 6. Insert after line 35:
(g) to advise the Minister as to the kinds of articles, materials and substances that should be prohibited from being used for landfill or from being used in connection with other treatment processes, and the resource recovery options for those articles, materials and substances,
No. 3 Page 5, clause 6. Insert after line 2:
(2) Resource NSW may provide advice to the Minister on matters relating to waste policy and expenditure from the Waste Fund established under section 16.
No. 4 Page 5, clause 8. Insert after line 17:
(4) One of the appointed members is to be appointed on the nomination of the Nature Conservation Council.
No. 5 Page 6, clause 9. Insert after line 12:
(3) The performance criteria dealt with in the Chief Executive’s contract of employment under Part 2A of the Public Sector Management Act 1988 are to include criteria that require real and measurable improvement (in accordance with the current waste strategy) in the areas of resource efficiency, waste reduction and waste management.
No. 6 Page 7. Insert before line 1:
12 Development of waste strategies
(1) Resource NSW is to develop a waste strategy for the State.
(2) A waste strategy:
(a) is to be based on continuous improvement and benchmarked against international best practice, and
(b) is to include targets for waste reduction, resource recovery and the diversion of waste from landfill disposal, developed by an expert reference group appointed by Resource NSW.
(3) A waste strategy does not take effect until it is adopted by Resource NSW.
(4) The first waste strategy is to be adopted within 12 months after the establishment of Resource NSW.
(5) Subsequent waste strategies, to replace existing waste strategies, are to be developed at intervals of not more than 2 years.
(6) For the purpose of developing any waste strategy, the adequacy of the waste strategy is, if appropriate, to be assessed by means including the technique known as life cycle analysis.
(7) Before adopting a waste strategy, Resource NSW:
(a) must cause notice of the proposed strategy to be published in a daily newspaper circulating throughout the State, and
(b) must cause copies of the proposed strategy to be made available for public inspection on the Internet and at each of its offices, and
(c) must allow a period of at least 28 days for members of the public to send written comments to Resource NSW in relation to the proposed strategy, and
(d) must take any such comments into consideration.
13 Resource NSW and EPA to co-ordinate activities to give effect to waste strategy
The EPA and Resource NSW are required to co-ordinate their activities so as to implement the current waste strategy.
No. 7 Page 7. Insert before line 1 (at the end of the matter relating to waste strategies inserted in committee):
14 Power to request councils to report on waste strategy compliance
(1) Resource NSW may request a local council to provide the reasons for any specified non-compliance by the local council with the objectives of the current waste strategy.
(2) Such a request must be in writing and must specify the date by which the local council is requested to provide the reasons to Resource NSW.
No. 8 Page 7, clause 12, line 13. After “disposal”, insert “and post-disposal consequences”.
No. 9 Page 8, clause 15, line 13. Omit “from time to time”. Insert instead “each year”.
No. 10 Page 8, clause 15, line 18. After “appropriate.”, insert “The EPA is, not later than 3 months after the closing date for submissions, to publish a report on any submissions received by the EPA and to make the report available to the public.”.
No. 11 Page 9, clause 16, lines 4-6. Omit “However, money in the Fund can only be allocated in the manner authorised by the Minister.”. Insert instead:
(3) Money in the Fund can only be allocated in the manner authorised by the Minister. The Minister is to consult Resource NSW on the policies for allocating that money.
No. 12 Page 11. Insert after line 5:
21 Reports by Resource NSW
(1) Resource NSW must prepare and deliver to the Minister a report every 2 years on the following matters:
(a) the volumes of waste avoided, produced, recycled or reused in New South Wales during the reporting period,
(b) how those volumes compare with target volumes established by any current waste strategy,
(c) a description of the strategies and programs being implemented by Resource NSW and the degree of success achieved by them.
(2) The Minister is to cause a copy of the report to be tabled in each House of Parliament no later than the fifth sitting day of that House in the Parliamentary session next following the end of the reporting period.
No. 13 Page 12, clause 26, line 9. Insert “and regulations” after “Acts”.
No. 14 Page 19, Schedule 2 [3]. Insert after line 11:
Insert instead:
(k) in connection with a licence application, any waste strategy in force under the Waste Avoidance and Resource Recovery Act 2001,
No. 15 Page 20, Schedule 2 [7], lines 16-24. Omit all words on those lines.
No. 16 Page 22, Schedule 3, line 1. Insert “and regulations” after “Acts”.
No. 17 Page 22, Schedule 3. Insert before line 3:
3.1 Annual Reports (Departments) Regulation 2000
Schedule 1 Report of operations
Insert at the end of the Schedule:
Waste A statement on the implementation of the Government?s Waste Reduction and Purchasing Policy, including information on measures taken and progress on the following:
(a) reducing the generation of waste,
(b) resource recovery,
(c) the use of recycled material.
3.2 Annual Reports (Statutory Bodies) Regulation 2000
Schedule 1 Report of operations
Insert at the end of the Schedule:
Waste A statement on the implementation of the Government?s Waste Reduction and Purchasing Policy, including information on measures taken and progress on the following:
(a) reducing the generation of waste,
(b) resource recovery,
(c) the use of recycled material
13 WASTE RECYCLING AND PROCESSING CORPORATION BILL
On the Order of the Day being read, Ms Tebbutt moved: That this Bill be now read a second time.
Leave granted for the mover’s second reading speech to be incorporated in Hansard.
Debate ensued.
Question put and passed.
Bill read a second time.
The Deputy President (Revd Mr Nile) left the Chair and the House sat as a Committee of the Whole for consideration of this Bill.
The Committee reported the Bill with amendments.
The House adopted the Report.
Standing Orders having been suspended Thursday 28 June 2001—
Bill, on motion of Ms Tebbutt, read a third time.
Bill returned to the Legislative Assembly with the following amendments in which the concurrence of the Legislative Assembly was requested.
WASTE RECYCLING AND PROCESSING CORPORATION BILL
______________________________________
Schedule of the amendments referred to in the Legislative Council’s Message of 3 July 2001.
No. 1 Page 2, clause 3. Insert after line 26:
principles of ecologically sustainable development means the principles of ecologically sustainable development contained in section 6 (2) of the Protection of the Environment Administration Act 1991.
No. 2 Page 5, clause 6. Insert after line 25:
(4) In exercising its functions, the Corporation must strive to achieve international best practice in waste management.
No. 3 Page 5, clause 6. Insert before line 26:
(4) In exercising its functions, the Corporation must act in accordance with the principles of ecologically sustainable development.
No. 4 Page 11. Insert after line 1:
15 Environmental reporting indicators
(1) The Minister is from time to time to adopt environmental reporting indicators, including ecologically sustainable development indicators, for use by the Corporation.
(2) The indicators must include a methodology for making comparisons to international best practice in waste management.
(3) Before adopting any environmental reporting indicators, the Minister:
(a) must cause notice of the proposed indicators to be published in a daily newspaper circulating throughout the State, and
(b) must cause copies of the proposed indicators to be made available for public inspection on the Internet and at each of the offices of the Corporation, and
(c) must allow a period of at least 28 days for members of the public to send written comments to the Minister in relation to the proposed indicators, and
(d) must take any such comments into consideration.
14 SPECIAL ADJOURNMENT
Ms Tebbutt moved: That this House at its rising today do adjourn until Wednesday 4 July 2001 at 10.00 am.
Question put and passed.
Ms Tebbutt then moved: That this House do now adjourn.
Debate ensued.
Question put and passed.
The House adjourned at 11.15 pm until Wednesday 4 July 2001 at 10.00 am.
Lynn Lovelock
Deputy Clerk
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Authorised by the Parliament of New South Wales
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