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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-04-08 Daily Xml
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CROWN LAND MANAGEMENT BILL

Second Reading

Adjourned debate on second reading.

(Continued from 26 March 2009. Page 1811.)

The Hon. G.E. GAGO (Minister for State/Local Government Relations, Minister for the Status of Women, Minister for Consumer Affairs, Minister for Government Enterprises, Minister Assisting the Minister for Transport, Infrastructure and Energy) (11:05): I understand that there are no further speakers on this bill. I want to thank the Hon. Michelle Lensink for her contribution.

The bill seeks to simplify and modernise the provisions relating to the administration of Crown land in South Australia. It incorporates the principles of transparency, natural justice and red tape reduction. The bill is the result of eight years of consultation and advice and is designed to be more flexible and less prescriptive than the current legislation.

Stakeholders consulted included the Natural Resources Council, regional natural resources management boards, the Local Government Association and local government bodies, the Farmers Federation, the Law Society of South Australia and leaseholder representative bodies as well as members of parliament. I am pleased that the bill has received widespread support.

During the debate in the other place the opposition sought to amend clause 24: the minister may dispose of Crown land. This amendment was also raised by the Hon. Michelle Lensink. This amendment would have prevented the minister from signing land grants and required instead that the Governor sign the grants, as occurs currently. This involves a significant and cumbersome process. The Minister for Environment and Conservation undertook to provide an alternative means of addressing the opposition's concerns.

Between the houses the government has prepared an amendment to clause 72 to limit the ability of the minister to delegate the issuing of a certificate of fee simple. Clause 72 is the operative provision for signature of grants or other certificates to be delivered to the Registrar-General. This allows the minister to sign the land grants, which removes the cumbersome process currently required but ensures that this power cannot be delegated. I understand that this amendment satisfies the concerns of the opposition that were raised in the other place.

To many, this may not be a stimulating endeavour but it is necessary in order to provide stability and security in the land administration area. This is a good example of solid Public Service attention to continuous improvement. To that end, I would like to thank all of those who have worked so hard and long on this bill, particularly Mr Doug Faehrmann (who I think has been working on this legislation since 2000), his manager, Jack Nicklaou and also Amy Travers from parliamentary counsel. I look forward to the committee stage of the bill.

Bill read a second time.

In committee.

Clauses 1 to 71 passed.

Clause 72.

The Hon. G.E. GAGO: I move:

Page 33, after line 25—After subclause (4) insert:

(4a) If a certificate certifying the grant of the fee simple of land is required by the Registrar-General under subsection (4), the Minister may not delegate the issuing of such certificate.

This amendment would have prevented the minister from signing land grants in place of the Governor, as occurs under the Crown Lands Act 1929. The ability of the minister to delegate this power under clause 16 of the bill was of concern to the opposition. The government has addressed the opposition's concerns by amending clause 72 to limit the ability of the minister to delegate the issuing of a certificate of fee simple. Clause 72 is the operative provision for the signature of grants or other certificates to be delivered to the Registrar-General.

Amendment carried; clause as amended passed.

Remaining clauses (73 to 81), schedule and title passed.

Bill reported with an amendment.

Third Reading

Bill read a third time and passed.

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