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House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2023-11-16 Daily Xml
Contents
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Bills

Hydrogen and Renewable Energy Bill

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 4, page 11, after line 14 [clause 4(1), definition of owner of land]—After paragraph (f) insert:

(fa) the holder of an aquaculture lease or aquaculture licence under the Aquaculture Act 2001; or

No. 2. Clause 73, page 58, after line 34—After subclause (9) insert:

(10) In this section—

prescribed body means—

(a) the Minister to whom the administration of the Aquaculture Act 2001 is committed; and

(b) the Minister to whom the administration of the Fisheries Management Act 2007 is committed; and

(c) the Minister to whom the administration of the Livestock Act 1997 is committed; and

(d) any other body prescribed by the regulations for the purposes of this definition.

No. 3. New clause, page 63, after line 28—Insert:

79A—Compensation for material diminishment of rights

(1) Subject to this section, a person who holds a relevant authority is entitled to receive compensation from a licensee for any loss suffered by them in consequence of authorised operations that have materially diminished the rights of that person (and the onus of proving this matter is on that person).

(2) The amount of compensation under subsection (1) is to be determined by agreement between the person who holds the relevant authority and the licensee, or in default of agreement, by the ERD Court.

(3) For the purposes of subsection (1), authorised operations will not be taken to have materially diminished the rights of a person who holds a relevant authority merely because—

(a) those operations were undertaken on an area of land on which the holder of the relevant authority had a right to undertake activities pursuant to that authority; and

(b) of such matters of a kind prescribed by the regulations.

(4) Regulations made for the purposes of this section may prescribe—

(a) the matters to which a person or the ERD Court (as the case may be) must have regard in determining whether or not there has been material diminishment of the rights of a person who holds a relevant authority; and

(b) the matters that may be taken into account in assessing the amount of compensation payable to a person under this section; and

(c) limitations on the amount of compensation payable to a person under this section, including limitations that may apply if the person is entitled to receive compensation under another provision of this Act or any other Act or law.

(5) In this section—

relevant authority means an authority under the Fisheries Management Act 2007.

Consideration in committee.

The Hon. A. KOUTSANTONIS: I move:

That the Legislative Council's amendments be agreed to.

Mr PATTERSON: Just briefly, I note that the amendments that have come down are not all the amendments moved in the other place; certainly, those moved by the Hon. Ms Centofanti replicated some of the amendments that we tried to move here in this house. They had high merit, and were about listening to concerns stakeholders—predominantly landowners and pastoralists—had about ensuring they were adequately consulted with.

The information given to them was that their concerns would be addressed by regulation. We did try to put those concerns legislatively, but we accept the government's commitment that they will be handled via regulation. There were some real concerns around making sure stakeholders were consulted properly and making sure they were able to droughtproof their properties as well; significantly, for the purpose of the special enterprise licence, to make sure that the rights of freehold landowners are in no way diminished. Having said that, the amendments before us were supported in the upper house, and they will be supported here too.

The Hon. A. KOUTSANTONIS: Despite the best efforts of the Liberal Party and the Greens, this bill is now about to pass both houses of parliament. I thank members in the upper house for their support ultimately. I thank the Hon. Robert Simms and the Hon. Tammy Franks for their work. I thank in particular the crossbench—the Hon. Connie Bonaros, the Hon. Frank Pangallo and the Hon. Sarah Game—for the work they did to help facilitate the passage of this legislation. This will regulate the greatest expansion of renewable energy in South Australia's history, and those who attempted to delay it are on the wrong side of history.

Motion carried.

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