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1998-1999-2000-2001
THE PARLIAMENT OF
THE
COMMONWEALTH OF AUSTRALIA
THE SENATE
FURTHER SUPPLEMENTARY
EXPLANATORY MEMORANDUM
(Circulated by Authority of the Minister for the Environment and Heritage
Senator the Hon Robert Murray Hill)
ISBN: 0642 465630
The purpose of these amendments is to accommodate some continuing community concerns with the Bill and to clarify certain clauses, further to the Government’s amendments in the House of Representatives.
The number of members of the Trust is increased by one to a total of eight members including the Chair. The further amendments proposed will mean that the composition of the Trust is two persons nominated by New South Wales, and a Chair and five other persons selected by the Minister for the Environment and Heritage. The members selected by the Commonwealth Minister must include one to represent indigenous interests and one must be an elected member of an affected council.
In response to continuing concerns that clause 24, which relates to transfer of Trust land, does not ensure that land mentioned in Schedule 1, or land identified in a plan as having significant environmental or heritage values, will not be sold, a further amendment is proposed to tighten the requirements. When transferring such land to the Commonwealth, New South Wales or an affected council, the Trust must include a condition in the instrument of transfer that the land cannot be sold, or otherwise transferred, other than to the Commonwealth, New South Wales or an affected council. This should help to ensure ongoing public ownership of these lands.
Clause 36A requires the Trust to make publicly available submissions it receives in relation to draft plans. An amendment is proposed to this so that, where release of a submission might significantly damage the environmental or heritage values of the land, the Trust is not required to make that submission publicly available. The proposed amendment also clarifies that Trust members are not personally liable to civil or criminal action in respect of the Trust making a submission publicly available.
A proposed amendment to Clause 38A clarifies that the Trust may undertake “other work” before a plan for the conservation and management of the land is developed, but only as long as the work has a temporary impact on the area. The clause recognises that there are legitimate activities, including works, that the Trust may need to perform before a plan for the land is in effect, but such activities should not be of a nature that predetermines the planning process.
Amendments to Clauses 57 and 57A are proposed to clarify the relationship between the Trust and the community advisory committees and the process for determining the matters in relation to which a committee is to give advice and recommendations. A proposed amendment to Clause 58 means that the Trust will not be obliged to establish a technical advisory committee unless one is actually required.
Small amendments to the Schedules are the result of clarification of land title details and a resurvey by Defence at Middle Head/Georges Heights. The other proposed amendments are simply minor corrections to legal drafting or consequential amendments.
There is no financial impact arising from these amendments.
SYDNEY HARBOUR FEDERATION TRUST BILL 2000
This amendment adds another member to the Trust, meaning the Trust consists of eight persons – the Chair and seven members.
This amendment omits subclause 11(2) meaning that one of the two New South Wales nominees need not be an elected member of an affected council. This reinstates the Government’s original intention that the State should be asked to nominate two persons without any restriction on the type of person that may be nominated. Amendment 5 (which inserts a new subclause 12(3A)) means that there will still be an elected member of an affected council among the Trust members. Note that the House amendment to subclause 12(4) means that no more than half of the Trust members may be public employees.
This amendment is consequential upon the previous one that removes the need for one of the New South Wales nominees to be an elected member of an affected council. New South Wales is permitted two months, following receipt of the Minister’s invitation, to recommend two persons for membership of the Trust.
This amendment requires the Minister to appoint an elected member of an affected council as a member of the Trust.
This amendment increases the restrictions on the Trust in selling or otherwise transferring land. There have been concerns that the House amendment to clause 24 do not ensure that land mentioned in Schedule 1, or land identified in a plan as having significant environmental or heritage values, will not be sold after transfer to the Commonwealth, New South Wales or an affected council. The proposed amendment to subclause 24(1) further tightens the requirements on the Trust by requiring it to include a condition in the instrument or sale or transfer that the land must not be sold or otherwise transferred other than to the Commonwealth, New South Wales or an affected council.
Amendment 7 – amends House amendment (7) [inserts two new subclauses to proposed new clause 36A]
Whilst the Trust is required to make submissions on plans publicly available, this amendment recognises that there may be circumstances where it would be detrimental to the environmental or heritage values of the land to release certain information. For example, a submission might reveal the location of an endangered species. In such circumstances, at the Trust’s discretion, it is not required to release a submission that contains such information. The proposed amendment also clarifies that Trust members are not personally liable to civil or criminal action in respect of the Trust making a submission publicly available.
This amendment clarifies that the Trust may carry out work in a plan area, prior to the development of the plan for that area, as long as the work does not have a permanent impact on the area. Examples might include the construction of pathways to allow access, the erection of signs, and the building of temporary structures for public functions.
This amendment is consequential upon the previous amendment. Before a plan for an area is developed, the Trust must not carry out, or allow to be carried out, any work other than maintenance and repairs, health and safety works, and other work that will only have a temporary impact on the area.
This amendment is consequential to the following one (Amendment 11). The function of the community advisory committees is now more clearly specified in proposed new subclause 57(6).
This amendment replaces the House’s amendment to subclause 57(6) with a new subclause 57(6) that, together with the following amendment (Amendment 12), clarifies the relationship between the Trust and the community advisory committees and the process for determining the matters in relation to which a committee is to give advice and recommendations. It is the intention that the Trust should be obliged to consult the community advisory committees on major planning issues, but not minor details of daily management.
Amendment 12 – amends House amendment (9) [proposed new subclause 57A(1)]
This amendment is related to the previous one (Amendment 11) and clarifies that the Trust is required to provide a committee with documents and information that are relevant to the matters that the committee is advising upon.
This amendment allows the Trust to establish one or more technical advisory committees where they serve a useful purpose, rather than making such committees obligatory.
Amendment 14 – amends House amendment (13) [proposed new subclause 64A(1)]
This amendment is to clarify that the requirements of clause 64A are in addition to those in clause 64.
Amendment 15 – amends House amendment (16) [the heading to column 3 of the table in Schedule 1]
This amendment clarifies that the Deposited Plans for the lands mentioned in Schedule 1 are lodged with the New South Wales land titles office.
Amendment 16 – amends House amendment (16) [column 3 of item 1 of the table in Schedule 1]
This amendment deletes Lot 1 in Deposited Plan 831153 from Schedule 1. An additional house owned by the Department of Defence has been identified among Defence Housing Authority houses at Markham Close. Existing policy allows for sale of houses in Markham Close if the approved plan for that area has determined that sale is appropriate. To be consistent with this policy, this house should be included in Schedule 2, rather than Schedule 1.
Amendment 17 – amends House amendment (16) [column 3 of item 1 of the table in Schedule 1]
A resurvey by Defence at Middle Head/Georges Heights has resulted in a new Deposited Plan for the area near HMAS Penguin. This amendment inserts the number for the new Deposited Plan showing land to be vested in the Trust (Lots 202 and 203 in Deposited Plan 1022020). This does not represent any alteration to the area of land at Middle Head/Georges Heights that is to be vested in the Trust.
Amendment 18 – amends House amendment (16) [item 3 of the table
in
Schedule 1]
This amendment omits the current general description of Cockatoo Island and replaces it with a reference to the relevant Deposited Plan.
Amendment 19 – amends House amendment (17) [the heading to column 3 of the table in Schedule 2]
This amendment clarifies that the Deposited Plans for the lands mentioned in Schedule 2 are lodged with the New South Wales land titles office.
Amendment 20 – amends House amendment (17) [column 3 of item 1 of the table in Schedule 2]
This amendment inserts in Schedule 2 the Department of Defence house that was previously listed in Schedule 1 (refer to Amendment 16 above).