Bills

Landscape South Australia Bill

Committee Stage

Debate resumed.

Clauses 203 to 212 passed.

Clause 213.

Dr CLOSE: This clause refers to the orders that can be made by the ERD Court relating to natural resources management. What changes, if any, have been made to the manner in which the orders can be made or acted upon in the current act?

The Hon. D.J. SPEIRS: This clause sets out the orders that the ERD Court can make and the requirements and procedures in relation to such orders. It replicates section 201 of the Natural Resources Management Act, with only minor updates to terminology as part of the modernisation of the act.

Clause passed.

Clause 214.

Dr CLOSE: There is a change that I observed here relating to the right of appeal, and I am talking about subclause (1)(c). The new version is 'a person', whereas previously it was 'an owner of the land '. In answering the question about the reason for that change, it would be useful to explain if there were a broader change that has led to the use of the words 'a person'. I note that is of particular interest to members of the Legislative Council—not necessarily in my party, but also in my party—who are interested in how the rights of appeal work, so if you could explain reasonably fulsomely that would be very helpful in consideration between the houses.

The Hon. D.J. SPEIRS: Thank you for picking up on that, deputy leader. I am advised that this is a change in terminology through drafting and that the clause seeks to set out rights of appeal to the Environment, Resources and Development Court and the time for making an application. There is no reduction in appeal rights under the bill relative to what we have in the Natural Resources Management Act, apart from those terminology matters. If the deputy leader has advice that it does have a legal impact that we are not aware of, we are happy to look at it between the houses.

Dr CLOSE: Just to clarify, there is no reduction and there is no extension of rights to third parties who are currently not able to make appeals.

The Hon. D.J. SPEIRS: No, it is as per the current legislation. It replicates section 201 of the Natural Resources Management Act.

Clause passed.

Remaining clauses (215 to 246) passed.

Schedules 1 to 5 passed.

Title passed.

Bill reported with amendment.

Third Reading

The Hon. D.J. SPEIRS (Black—Minister for Environment and Water) (20:16): I move:

That this bill be now read a third time.

Bill read a third time and passed.