It was a busy day of Government Business on Thursday as three bills passed the House. Bills related to sea bed mining and exploration, the Ageing and Disability Commissioner and organ donation, with the latter transforming from a Private Members’ Bill to a Government Bill (at least in the Legislative Council) in a procedural quirk we don’t see very often. Read on for more…
PASSED: ENVIRONMENTAL PLANNING AND ASSESSMENT AMENDMENT BILL (SEA BED MINING AND EXPLORATION) BILL 2024
The Environmental Planning and Assessment Amendment (Sea Bed Mining and Exploration) Bill 2024, which had passed the Legislative Assembly earlier in the week, was before the House on Thursday. Introduced by Minister the Hon Penny Sharpe, the bill amends the Environmental Planning and Assessment Act 1979 to prohibit sea bed petroleum and mineral exploration and recovery in the coastal waters of the state, and would make NSW the first state to do so.
In her second reading speech, Ms Sharpe explained that the bill will prohibit a person undertaking seabed petroleum and mineral exploration and mining and will also prohibit development anywhere in NSW for the purpose of seabed petroleum or mineral exploration or recovery. The intention of this being that exploration and mining projects undertaken offshore, beyond the limits of NSW coastal waters, would become very expensive and difficult to carry out. The bill does provide an exemption for coastal protection works and certain dredging activities. Read more about the bill in Ms Sharpe’s second reading speech.
Contributions to the second reading debate were made by members of the Opposition and The Greens. See all members’ contributions in the Hansard record.
When the House resolved into committee of the whole, three amendments were moved by Ms Cate Faehrrman on behalf of The Greens. The first two amendments sought to remove a clause in the bill allowing for exemptions to be made by regulation to the prohibitions outlined in the bill. This clause, known as a “Henry VIII clause”, gives the Minister power to create an exemption regulation which would override the intention of the bill. These amendments were negatived on division (Ayes: 6/Noes: 31).
The third amendment sought to amend the bill to require the Minister for Planning to obtain the concurrence of the Minister for Environment when making an exemption regulation, instead of only consulting with the Minister. This amendment was agreed to on the voices. The full committee of the whole proceedings can be read here, and continue here.
The third reading of the bill was agreed to on the voices, with the bill then returned to Legislative Assembly, ready to be forwarded to the Governor for assent.
INTRODUCED: EMERGENCY SERVICES LEVY AMENDMENT BILL 2024
Also in the Council on Thursday, the Emergency Services Levy Amendment Bill 2024, was introduced by Treasurer, the Hon Daniel Mookhey. This bill seeks to amend the Emergency Services Levy Act 2017 enabling Treasurer to require information from insurers so that emergency services funding can be reformed.
In his second reading speech, Mr Mookhey explained how the state’s emergency services agencies, Fire and Rescue NSW, the NSW Rural Fire Service and the NSW State Emergency Service, are funded through an emergency services levy on insurance companies. The Government seeks to use insurer data to inform the emergency service funding reform and this bill seeks to allow the Treasurer to compel the provision of this data. Read more about the bill in the Treasurer’s second reading speech.
After its introduction in the chamber, debate on the bill was adjourned for five calendar days according to standing order.
PASSED: AGEING AND DISABILITY COMMISSIONER AMENDMENT BILL 2023
The Ageing and Disability Commissioner Amendment Bill 2023 has passed the Legislative Assembly on Tuesday and made it’s way to the Council on Thursday. The bill seeks to amend the Ageing and Disability Commissioner Act 2019 to implement recommendations arising from an independent statutory review of the Act.
The bill would implement several recommendations from the review, including requiring the Commissioner to obtain the consent of an adult with disability before conducting an investigation into an allegation of abuse, neglect or exploitation of the adult. It would also allow the Commissioner to share information with entities that are not classified as relevant agencies in circumstances where it specifically relates to the safety of an adult with disability.
In his second reading speech the Hon Mark Buttigieg explained that the bill was seeking to implement all but two of the recommendations made in the statutory review of the Act. The bill seeks to bolster the ability of the Ageing and Disability Commissioner to carry out its role, safeguarding adults with disability and older adults who are subject to, or at risk of, abuse, neglect or exploitation. Read more about the bill in Mr Buttigieg’s second reading speech.
Contributions to the second reading debate were made by members of the Opposition, The Greens and the Government. Read all members’ contributions in the Hansard record.
When the House resolved into committee of the whole three amendments were moved by the Hon Natasha Maclaren-Jones on behalf of the Opposition. These amendments would implement recommendation 11 from the statutory review, being that a joint committee on ageing and disability would be established (administered by the Legislative Assembly). These amendments were agreed to on the voices. A further amendment from The Greens was withdrawn on the basis that it was almost identical to the Opposition amendments. Read the full committee of the whole proceedings in the Hansard record.
The third reading of the bill was agreed to on the voices, with the bill then returned to the Legislative Assembly, ready to be forwarded to the Governor for assent.
PASSED: HUMAN TISSUE AMENDMENT (ANTE-MORTEM INTERVENTIONS) BILL 2023
The Human Tissue Amendment (Ante-mortem Interventions) Bill 2023 originated in the Assembly, as a private members’ bill introduced by the Hon Greg Piper (Independent). The bill had the support of the Government and it was taken on as a Government bill in the Legislative Council, being “picked up” there by Ms Houssos.
The bill seeks to amend the Human Tissue Act 1983 to allow ante-mortem procedures to be carried out to facilitate post-mortem tissue donation. In effect, it would allow procedures to take place before death which could facilitate successful organ donation after death. In her second reading speech, Ms Houssos explained that ante-mortem procedures are used to maintain or improve the viability of organ and tissue ready for donation. The bill also establishes a process whereby these procedures can be consented to, particularly where a potential donor lacks capacity to do so themselves. Read more about the bill in Ms Houssos’s second reading speech.
Contributions to the second reading debate were made by members of the Opposition, The Greens, the Government and the Legalise Cannabis Party. Read all members’ contributions in the Hansard record.
With both the second and third reading of the bill agreed to on the voices, the bill was returned to the Legislative Assembly, ready for the Governor’s assent.
GENERAL MOTIONS
- International Day to End Violence Against Sex Workers, moved by Ms Abigail Boyd (The Greens)
- Motion to table personal information documents – Transition Office and Coordinator General, Transport for NSW, moved by Damien Tudehope (Liberal)
- Coptic Orphans’ Board of Directors Gala, moved by the Hon Mark Buttigieg (Labor)
- Motion to table privileged documents – alleged incidents on the Coffs Harbour Bypass Project, moved by the Hon Sam Farraway (Nationals)
Documents tabled and reported in the House
On Thursday, the first Delegated Legislation Monitor report published by the Legislative Council Regulation Committee was tabled in the House. This is a very significant step in the House taking on a greater role in the scrutiny of regulations. A full list of other reports received and tabled can be found in the Tabled Papers Database.