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WORLD HERITAGE PROPERTIES CONSERVATION BILL 1983

The Senate, according to Order, resolved itself into Committee for the further consideration of the Bill.

In the Committee

Consideration resumed of Clause 3, and of the amendments moved thereto by Senator Martin, viz: Page 2, paragraph (2) (a), line 15, after ''property'', insert '', land or interest in land''.

Page 2, sub-paragraph (2) (a) (ii), lines 21 and 22, leave out the sub-paragraph .

Senator Martin, by leave, amended the first amendment to read as follows: Page 2 , paragraph (2) (a), line 15, after ''property'', insert '', including land or interest in land''.

Debate continued.

Question-That the amendments be agreed to-put and negatived.

Senator Martin moved a further amendment, viz: Page 2, at end of clause, add the following new sub-clause: ''(5) For the purposes of the application of this Act in relation to the Northern Territory- (a) a reference in this Act to a State shall be read as including a reference to the Northern Territory;

(b) a reference in this Act to a Territory shall be read as not including a reference to the Northern Territory; and

(c) a reference in this Act to the Premier of a State shall be read as including a reference to the Chief Minister of the Northern Territory.''.

Debate ensued.

Question-That the words proposed to be added be added-put.

The Committee divided-

AYES, 27

Senators- Baume Bjelke-Petersen Boswell Carrick, Sir John Chaney Collard Crichton-Browne Durack Guilfoyle, Dame Margaret Haines Hamer Harradine Jessop Kilgariff (Teller) Lajovic Lewis MacGibbon Martin Messner Missen Reid Scott Teague Townley Walters Watson Withers

NOES, 31

Senators- Bolkus Button Childs Chipp Coates Coleman Cook Crowley Elstob Evans, Gareth Evans, Jack Foreman Georges Gietzelt Grimes Hearn McClelland McIntosh Macklin Maguire Mason Primmer Ray, Robert Reynolds Richardson Robertson (Teller) Ryan

Sibraa

Tate

Walsh

Zakharov

Amendment negatived accordingly.

Clause 3 agreed to.

Clauses 4 and 5, by leave, taken together and agreed to.

Clause 6 read- Senator Martin moved an amendment, viz: Page 3, sub-clause (2), lines 1 to 34, leave out the sub-clause, insert the following sub-clause: ''(2) A proclamation may also be made under sub-section (3) in relation to identified property that is in a State if the property, after the commencement of this Act, has been included in the World Heritage List by the World Heritage Committee, pursuant to Article 11 of the Convention and the Parliament of the State and the Commonwealth have consented to that inclusion.''.

Debate ensued.

Closure: The Attorney-General (Senator Gareth Evans) moved-That the Question be now put.

Question-That the Question be now put-put.

The Committee divided-

AYES, 34

Senators- Bolkus Button Childs Chipp Coates Coleman Colston Cook Crowley Elstob Evans, Gareth Evans, Jack Foreman Georges Gietzelt Grimes Haines Hearn McClelland McIntosh Macklin Maguire Mason Missen Primmer Ray, Robert Reynolds Richardson Robertson (Teller) Ryan Sibraa Tate Walsh Zakharov

NOES, 26

Senators- Baume Bjelke-Petersen Boswell Carrick, Sir John Chaney Collard Crichton-Browne Durack Guilfoyle, Dame Margaret Hamer Harradine Hill Jessop Kilgariff (Teller) Lajovic

Lewis

MacGibbon

Martin

Messner

Reid

Scott

Teague

Townley

Walters

Watson

Withers

And so it was resolved in the affirmative.

Question-That the words proposed to be left out be left out-put accordingly and negatived.

Amendment negatived accordingly.

Clause 6 agreed to.

Clauses 7 to 13, by leave, taken together, debated and agreed to.

Clause 14 read- Senator Martin, by leave, moved the following amendments together: Page 8, sub-clause (1), line 25, leave out ''The High Court or''.

Page 8, sub-clause (2), lines 28 and 29, leave out ''the High Court or''.

Page 8, sub-clause (2), line 30, leave out ''the High Court or'' and '', as the case may be''.

Debate ensued.

Question-That the amendments be agreed to-put and negatived.

Clause 14 agreed to.

Clauses 15 and 16, by leave, taken together, debated and agreed to.

Clause 17 read- Senator Martin, by leave, moved the following amendments together: Page 11, sub-clause (4), line 11, leave out ''High Court'', insert '' Federal Court''.

Page 11, paragraph (6) (b), line 23, leave out ''High Court'', insert ''Federal Court''.

Debate ensued.

Question-That the amendments be agreed to-put.

The Committee divided-

AYES, 27

Senators- Baume Bjelke-Petersen Boswell Carrick, Sir John Chaney Collard Crichton-Browne Durack Guilfoyle, Dame Margaret Hamer Harradine Hill Jessop Kilgariff (Teller) Lajovic Lewis MacGibbon Martin Messner Missen Reid Scott Teague Townley Walters Watson Withers

NOES, 33

Senators- Bolkus Button Childs Chipp Coates Coleman Colston Cook Crowley Elstob Evans, Gareth Evans, Jack Foreman Georges Gietzelt Grimes Haines Hearn McClelland McIntosh Macklin Maguire Mason Primmer Ray, Robert Reynolds Richardson Robertson ( Teller) Ryan

Sibraa

Tate

Walsh

Zakharov

Amendments negatived accordingly.

And it being 10.30 p.m.: The Chairman of Committees (Senator Hamer), under Sessional Order, put the Question-That he do leave the Chair and report to the Senate.

Which Question was negatived.

Clause 17, further considered.

Senator Martin, by leave, moved the following further amendments together: Page 10, sub-clause (1), definition of '' 'acquisition of property' '', line 27, at end of definition, add ''as extended by sub-section 3A''.

Page 11, after sub-clause (3), insert the following new sub-clause: ''(3A) For the purposes of sub-section (3) property shall be deemed to have been acquired from a person in accordance with the provisions of the Lands Acquisition Act 1955 to the extent that its use or its enjoyment by a person has been affected by the operation of this Act or the Regulations.''.

Page 11, sub-clause (6), lines 28 and 29, leave out all words after ''agreement' ', insert ''the Commonwealth is liable to pay such compensation as is determined by the Federal Court to be fair and just''.

Pages 11 and 12, sub-clause (7), line 43 (page 11) to line 2 (page 12), leave out all words after ''shall'', insert ''determine the compensation that he considers to be fair and just in respect of the acquisition not later than 14 days after the said 6 months period expires''.

Page 12, sub-clauses (8) and (9), lines 3 to 23, leave out the sub-clauses, insert the following sub-clause: ''(8) Interest shall be payable on the amount of compensation determined by the Governor-General or the Federal Court (as the case may require), such interest to be calculated from the date of the acquisition up to and including the date of payment at a rate of interest which is fair and just in the circumstances.''.

Page 13, sub-clauses (14) and (15), lines 9 to 26, leave out the sub-clauses, insert the following sub-clause: ''(14) Where the operation of this Act or of the Regulations has resulted in or is taken to have resulted in an acquisition of property from a person and the person considers that the compensation determined by the Governor-General is not fair and just, the Federal Court may, on the application of the person, determine the compensation that is fair and just in respect of the acquisition.''.

Debate ensued.

Question-That the amendments be agreed to-put.

The Committee divided

AYES, 27

Senators- Baume Bjelke-Petersen Boswell Carrick, Sir John Chaney Collard Crichton-Browne Durack Guilfoyle, Dame Margaret Hamer Harradine Hill Jessop Kilgariff (Teller) Lajovic Lewis MacGibbon Martin Messner Missen Reid Scott Teague Townley Walters Watson Withers

NOES, 33

Senators- Bolkus Button Childs Chipp Coates Coleman Colston Cook Crowley Elstob Evans, Gareth Evans, Jack Foreman Georges Gietzelt Grimes Haines Hearn McClelland McIntosh Macklin Maguire Mason Primmer Ray, Robert Reynolds Richardson Robertson ( Teller) Ryan

Sibraa

Tate

Walsh

Zakharov

Amendments negatived accordingly.

Clause 17 agreed to.

Remainder of Bill, by leave, taken as a whole, debated and agreed to.

Bill to be reported without amendment.

The Acting Deputy-President (Senator Coleman) resumed the Chair; and Senator Hamer reported accordingly.

On the motion of Senator Gareth Evans the Report from the Committee was adopted.

Senator Gareth Evans moved-That this Bill be now read a third time.

Debate ensued.

Question-put.

The Senate divided-

AYES, 34

Senators- Bolkus Button Childs Chipp Coates Coleman Colston Cook Crowley Elstob Evans, Gareth Evans, Jack Foreman Georges Gietzelt Grimes Haines Hearn McClelland McIntosh Macklin Maguire Mason Missen Primmer Ray, Robert Reynolds Richardson Robertson (Teller) Ryan Sibraa Tate Walsh Zakharov

NOES, 26

Senators- Baume Bjelke-Petersen Boswell Carrick, Sir John Chaney Collard Crichton-Browne Durack Guilfoyle, Dame Margaret Hamer Harradine Hill Jessop Kilgariff (Teller) Lajovic

Lewis

MacGibbon

Martin

Messner

Reid

Scott

Teague

Townley

Walters

Watson

Withers

And so it was resolved in the affirmative.

Bill read a third time.