In the House – Thursday 14 September 2023

There were three bills passed and another two introduced in the Legislative Council on Thursday. They covered everything from the management of radiation and explosives, to the validation of mineral claims, to updates to the Motor Dealers and Repairers Act 2013 and legislation concerning the state’s Civil and Administrative Tribunal. Read on for more…

INTRODUCED: MINING AMENDMENT (MINERAL CLAIMS – OPAL) BILL 2023

The Mining Amendment (Mineral Claims – Opal) Bill 2023 was introduced by the Hon Courtney Houssos, Minister for Finance and Minister for Natural Resources. It would amend the Mining Act 1992 to validate mineral (opal) claims in effect since 2015 – claims granted, transferred or renewed under processes since deemed invalid, due to an issue arising out of the implementation of legislative reforms.

In her second reading speech, Minister Houssos said the bill would address the invalidity and liability issues arising from invalid mineral claims for opal mining in the Lightning Ridge Mineral Claims District and the White Cliffs Mineral Claims District, noting that since 2015,the Department of Regional NSW, miners and landholders have been wrongly proceeding on the basis that opal mining was authorised by these claims.

The bill would retrospectively validate the affected claims and manage rehabilitation and other compliance risks by ensuring the conditions of the affected claims can been enforced. It would also ensure that the Department can lawfully collect or refund money in relation to the affected claims and prevent legal claims against the state, the Department or any other person in relation to any loss or harm arising out of the invalid mineral claims. You can find further details in Minister Houssos’s second reading speech.

After its introduction in the chamber, the bill was adjourned for five calendar days, according to standing order.

INTRODUCED: RADIATION CONTROL AMENDMENT BILL 2023

The Radiation Control Amendment Bill 2023 was introduced by the Leader of the Government in the Council, the Hon Penny Sharpe. The bill seeks to give effect to the recommendations of the statutory review of the Radiation Control Act 1990 conducted in 2021. Minister Sharpe noted the bill would introduce reforms to ensure that radiation is managed safely to protect human health and the environment, and so that people who deal with radiation are more accountable for its safe management.

Specifically, the bill responds to 11 recommendations from the review. Its proposed changes include the introduction of ecologically sustainable development principles across the Act, as well as a requirement for people who dispose of regulated material – or consign it for transport – to be licenced under the Act, and a number of changes to strengthen requirements around security planning. The bill also makes amendments relating to offences, including moving certain offences from the Radiation Control Regulation 2013 into the Act and increasing maximum penalties, and also updates provisions relating to the governance and membership of the Radiation Advisory Council.

You can find further details in Minister Sharpe’s second reading speech.

After its introduction in the chamber, the bill was adjourned for five calendar days, according to standing order.

PASSED: MOTOR DEALERS AND REPAIRERS AMENDMENT BILL 2023

The Motor Dealers and Repairers Amendment Bill 2023, which was introduced during an earlier sitting by the Hon Anthony D’Adam, seeks to address the recommendations of a recent statutory review of the Motor Dealers and Repairers Act 2013, from establishing a new legislative framework for the online sale of motor vehicles by motor dealers, to making changes to the consumer guarantee for vehicles. See our previous blog entry for a full explanation of the bill.

During the second reading debate, contributions were heard from members of the Opposition and the Government. See all members’ contributions in the Hansard record.

With the second and third reading agreed to on the voices, the bill was then forwarded to the Legislative Assembly for concurrence.

PASSED: CIVIL AND ADMINISTRATIVE TRIBUNAL AMENDMENT BILL 2023

After passing through the Legislative Assembly during the last sitting week in August, the Civil and Administrative Tribunal Amendment Bill 2023 was considered by the Council on Thursday, being introduced by Parliamentary Secretary the Hon Mark Buttigieg on behalf of the Treasurer, the Hon Daniel Mookhey. 

The bill makes a number of minor and technical changes to the Civil and Administrative Tribunal Act 2013 based on recommendations made in the Report of the Statutory Review of the Civil and Administrative Tribunal Act 2013, which was tabled on 23 December 2021. The Act covers the membership and functions of the NSW Civil and Administrative Tribunal – which provides specialist tribunal services to help resolve issues and disputes – and the bill’s changes broadly aim to support the efficient conduct of proceedings. The bill also amends the functions and constitution of the Occupational Division of the Tribunal and the Guardianship Division of the Tribunal.

Learn more in Mr Buttigieg’s second reading speech.

During the second reading debate, contributions were made by members of the Opposition, The Greens, and the Government. See all members’ contributions in Hansard. 

With no amendments made, both the second and third readings were agreed to on the voices, and the bill was returned to the Assembly, ready for the Governor’s assent. 

PASSED: EXPLOSIVES AMENDMENT BILL 2023

Also introduced by Parliamentary Secretary the Hon Mark Buttigieg on behalf of the Treasurer was the Explosives Amendment Bill 2023.

The bill amends the Explosives Act 2003 to address recommendations made in the 2019 statutory review of the Act. Together with the Explosives Regulation 2013, the Act regulates the full life cycle of explosives, fireworks and precursor chemicals used to make explosives in NSW. The bill’s changes simplify the regulatory framework by moving some of the provisions in the regulation to the Act, allow authorities to reduce the size of retained stockpiles, as well as making a number of other changes outlined in Mr Buttigieg’s full second reading speech, as seen in Hansard.

During the second reading debate, contributions were made by members of the Opposition and the Government. See all members’ contributions in Hansard. 

As no amendments were put forward, after both the second and third readings were agreed to on the voices, the bill was sent back to the Assembly, ready to be provided to the Governor for assent. 

GENERAL MOTIONS

The following motions were agreed to without debate, during the morning’s formal business:

• Passing of Margaret Morgan, moved by the Hon Peter Primrose (Labor)
• Welding fumes, moved by the Hon Mark Buttigieg (Labor)
• Domestic Violence NSW pre-budget funding requests, moved by Ms Abigail Boyd (The Greens)

DOCUMENTS TABLED AND REPORTED IN THE HOUSE

Among the documents tabled on Thursday were the usual statements of public interest accompanying each new bill. Find all documents tabled and reported in our Tabled Papers Database.