The Legislative Council passed three bills on Tuesday related to the establishment of NSW Motorways, the Royal Botanic Gardens and Domain Trust and the creation of a licensing scheme to regulate the sale of tobacco products. The House agreed to a variation to Standing Order 64(5) and agreed to 13 general motions during formal business. Read on to find out more…

VARIATION TO STANDING ORDER 64(5)

Early on Tuesday, Ms Abigail Boyd (The Greens) moved a motion seeking to vary a Standing Order related to how questions are asked during Question Time. This motion sought to amend Standing Order 64(5) allowing the President to permit one supplementary question from the original questioner and one additional supplementary question from a non-government member of a different party, excluding Opposition members if the original question came from the Opposition. This motion was agreed to on the voices. Read the full debate in the Hansard record.

PASSED: TRANSPORT ADMINISTRATION AMENDMENT (NSW MOTORWAYS) BILL 2024

The Transport Administration Amendment (NSW Motorways) Bill 2024 passed the Legislative Council on Tuesday. This bill amends the Transport Administration Act 1988 establishing the NSW Motorways and make provision for its functions, management and status. Read more about the bill in our previous blog.

Contributions to the second reading debate were made by members of The Greens, the Opposition, the Libertarian Party and the Government. Read all member contributions in the Hansard record.

The second reading of the bill was agreed to on the voices.

When the House resolved into committee of the whole three amendments were moved by Ms Cate Faehrmann on behalf of The Greens which sought to adjust the objective of NSW Motorways to being fair as well as efficient, and add a new function so IPART will also investigate and report on the setting of tolls in NSW. These amendments were agreed to on the voices.

Read the whole committee of the whole proceedings in the Hansard record, and continued here.

The Hon Natalie Ward (Liberal) made a contribution to the third reading debate on behalf of the Opposition before the third reading of the bill was agreed to on the voices. This bill, as amended, was then sent to the Legislative Assembly for concurrence.

PASSED: ROYAL BOTANIC GARDENS AND DOMAIN TRUST AMENDMENT BILL 2024

The Royal Botanic Gardens and Domain Trust Amendment Bill 2024 also passed the Legislative Council on Tuesday, having already passed the Legislative Assembly in a previous sitting period. This bill amends the Royal Botanic Gardens and Domain Trust Act 1980 in relation to Trust lands.

In his second reading speech, the Hon Mark Buttigieg (Labor) explained the bill’s proposed amendments to the Act. Key changes include increasing the maximum term for leases and licences from 8 to 50 years, subject to safeguards such as ministerial consent for agreements over 5 years and mandatory public tender processes for agreements of 10 years or more. This change aims to encourage greater investment and revenue generation, ensuring the trust can maintain and improve facilities without relying heavily on taxpayer funding.

The bill also updates Schedule 2 of the Act to accurately reflect all trust-managed lands, including additional areas in the Blue Mountains Botanic Garden Mount Tomah and the Australian Botanic Garden Mount Annan. These amendments protect these public spaces in perpetuity, maintaining their role as vital community assets. Together, these measures ensure the trust can continue its legacy of scientific research and environmental preservation while offering enhanced visitor experiences for future generations. 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 and The Greens. Read the full debate in the Hansard record.

The second reading of the bill was agreed to on the voices before the House resolved into committee of the whole to consider two amendments moved by Ms Cate Faehrmann on behalf of The Greens. These amendments sought to set out requirements for any leases over 35 years. These amendments were agreed to on the voices. Read the full committee of the whole proceedings in the Hansard record.

With the bill’s third reading agreed to on the voices, it was then returned to the Legislative Assembly, ready for the Governor’s assent.

PASSED: PUBLIC HEALTH (TOBACCO) AMENDMENT BILL (NO 2) 2024

Also passing the Legislative Council on Tuesday was the Public Health (Tobacco) Amendment Bill (No 2) 2024. This bill amends the Public Health (Tobacco) Act 2008 and the Public Health (Tobacco) Regulation 2022 to establish a licensing scheme to regulate the sale of tobacco products and non-tobacco smoking products.

In her second reading speech, Minister the Hon Courtney Houssos explained that this bill aims to curb the illicit trade of tobacco and strengthen tobacco control by introducing a licensing regime for retailers and wholesalers, alongside tougher penalties for breaches. Under the bill, retailers must secure separate licences for each premises, including online stores, with applications subject to refusal or revocation if applicants have prior tobacco-related offences. These licences will require annual renewal, and non-compliance with licensing laws will result in fines. The bill also increases penalties for selling tobacco to minors, improper packaging, and obstructing inspectors. By aligning with licensing systems in other states, the bill seeks to enhance regulatory oversight, enforcement and compliance while addressing public health concerns associated with smoking and vaping. A review of the licensing provisions will occur after five years to assess effectiveness. Read more about the bill in Minister Houssos’s second reading speech.

Contributions to the second reading debate were made by members of the Opposition, The Greens, the Libertarian Party and Independent member the Hon Rod Roberts. Read all contributions in the Hansard record. The second reading of the bill was agreed to on the voices.

When the House resolved into committee of the whole…

  • Four amendments were moved by the Hon Natalie Ward on behalf of the Opposition which sought to introduce a ‘fit and proper person’ test to the licensing scheme. These amendments were negatived on division (Ayes: 16/Noes: 22)
  • Two amendments were moved by Dr Amanda Cohn on behalf of The Greens which sought to reduce the penalty for non-compliant individuals to the levels specified by the Government in the first print of the bill. These amendments were agreed to on division (Ayes: 23/Noes: 15)

Read the full committee of the whole proceedings in the Hansard record.

The Hon Natalie Ward (Liberal) made a contribution to the third reading debate on behalf of the Opposition before the third reading of the bill was agreed to on the voices. The bill as amended was then sent to the Legislative Assembly for concurrence.  

DEBATED: BIODIVERSITY CONSERVATION AMENDMENT (BIODIVERSITY OFFSETS SCHEME) BILL 2024

The Biodiversity Conservation Amendment (Biodiversity Offsets Scheme) Bill 2024 was back in the Legislative Council on Tuesday after having been sent to Portfolio Committee No. 7 – Planning and Environment for inquiry and report earlier in the year. With the committee tabling their report in October, the bill returned to the Legislative Council where Minister for the Environment the Hon Penny Sharpe resumed her second reading speech.

This bill seeks to amend the Biodiversity Conservation Act 2016 to reform the Biodiversity Offsets Scheme. It would also make consequential amendments to the State Environmental Planning Policy (Biodiversity and Conservation) 2021. Read more about the bill in our previous blog.

Members from the Opposition and The Greens made contributions to the second reading debate before debate was adjourned at the hard adjournment time of 10pm arrived.

Further debate on the bill will take place during a future sitting of the House.

GENERAL MOTIONS

The following motions were agreed to without debate during formal business:

IN COMMITTEES

The following committee reports were tabled in the House on Tuesday:

The House also heard ‘take note’ debates on the following committee reports:

DOCUMENTS TABLED AND REPORTED IN THE HOUSE

Among the documents tabled and reported on Tuesday was Yearly Insights 2023-24, report of the NSW Valuer General dated November 2024. Find all documents tabled and reported in our Tabled Papers Database.

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