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FOREST CONSERVATION AND DEVELOPMENT BILL 1991

Order of the day read for the further consideration of the bill in

committee of the whole.

In the committee

Clause 1 further debated.

And it being 10.30 p.m.: The Deputy-President (Senator Colston) put

the question - That he leave the chair and report to the Senate.

Question put.

The committee divided -

AYES, 30

Senators - Archer Baume Bishop Bjelke-Petersen Boswell Brownhill (Teller) Campbell Chapman Crane Crichton-Browne Durack Harradine Herron Hill Kemp Knowles Lewis Macdonald Newman Panizza Parer Patterson Reid Short Tambling Teague Tierney Vanstone Walters Watson

NOES, 36

Senators - Aulich Beahan Bell Bolkus Bourne Burns Chamarette Childs Coates Collins Colston Cook Cooney Coulter Crowley Devereux Faulkner (Teller) Foreman Giles Kernot Lees Loosley McKiernan McMullan Maguire Powell Reynolds Schacht Sherry Sibraa Sowada Spindler Tate Walsh West Zakharov Question negatived.

Debate continued.

The Minister for Industrial Relations (Senator Cook) moved the

following amendment:

Clause 1, page 1, line 4, omit "Development", substitute "Major

Projects".

Debate ensued.

Declaration of urgency: The Manager of Government Business

(Senator McMullan) declared the Forest Conservation and

Development Bill 1991 an urgent bill and moved - That the bill be

considered an urgent bill.

Proposed suspension of standing orders: The Leader of the

Opposition in the Senate (Senator Hill), pursuant to contingent

notice, moved - That so much of standing order 142 be suspended

as would prevent debate taking place on the motion.

Debate ensued.

Question put.

The committee divided -

AYES, 29

Senators - Baume Bishop Bjelke-Petersen Boswell Brownhill Campbell Chapman Crane Crichton-Browne Durack Harradine Herron Hill Kemp Knowles Lewis Macdonald MacGibbon Newman Panizza Parer Patterson Reid (Teller) Short Tambling Teague Tierney Vanstone Watson

NOES, 35

Senators - Aulich Beahan Bell Bolkus Bourne Burns Chamarette Childs Coates Colston Cook Cooney Coulter Crowley Devereux Faulkner Foreman (Teller) Giles Kernot Lees Loosley McKiernan McMullan Maguire Powell Reynolds Schacht Sherry Sibraa Sowada Spindler Tate Walsh West Zakharov Question negatived. Question - That the bill be considered an urgent bill - put. The committee divided -

AYES, 35

Senators - Aulich Beahan Bell Bolkus Bourne Burns Chamarette Childs Coates Colston Cook Cooney Coulter Crowley Devereux Faulkner Foreman (Teller) Giles Kernot Lees Loosley McKiernan McMullan Maguire Powell Reynolds Schacht Sherry Sibraa Sowada Spindler Tate Walsh West Zakharov

NOES, 29

Senators - Baume Bishop Bjelke-Petersen Boswell Brownhill Campbell Chapman CraneCrichton-Browne Durack Harradine Herron Hill Kemp Knowles (Teller) LewisMacdonald MacGibbon Newman Panizza Parer Patterson Reid ShortTambling Teague Tierney Vanstone Watson Question agreed to. Allotment of time: Senator McMullan moved - That 90 minutes be the time allotted for consideration of the remaining stages of the Forest Conservation and Development Bill 1991. Proposed suspension of standing orders: Senator Hill, pursuant to contingent notice, moved - That so much of standing order 142 be suspended as would prevent the motion being debated without limitation of time and each Senator speaking for the time allotted by standing orders. Debate ensued.

And the committee having continued to sit till 12 midnight -

TUESDAY, 5 MAY 1992 A.M.

Debate continued.

Question put.

The committee divided -

AYES, 29

Senators - Archer Baume Bishop Bjelke-Petersen Boswell Brownhill (Teller) Campbell Chapman Crane Crichton-Browne Harradine Herron Hill Kemp Knowles Macdonald MacGibbon Newman Panizza Parer Patterson Reid Short Tambling Teague Tierney Vanstone Walters Watson

NOES, 35

Senators - Aulich Beahan Bell Bolkus Bourne Burns Chamarette Childs Coates Colston Cook Cooney Coulter Crowley Devereux Faulkner (Teller) Foreman Giles Kernot Lees Loosley McKiernan McMullan Maguire Powell Reynolds Schacht Sherry Sibraa Sowada Spindler Tate Walsh West Zakharov Question negatived. Debate continued. Question - That Senator McMullan's motion for the allotment of time be agreed to - put. The committee divided -

AYES, 34

Senators - Aulich Beahan Bell Bolkus Bourne Burns Chamarette Childs Coates Colston Cook Cooney Coulter Crowley Devereux Faulkner Foreman (Teller) Giles Kernot Lees Loosley McKiernan McMullan Maguire Powell Reynolds Schacht Sherry Sibraa Spindler Tate Walsh West Zakharov

NOES, 29

Senators - Archer Baume Bjelke-Petersen Boswell Brownhill (Teller) Campbell Chapman Crane Crichton-Browne Durack Harradine Herron Hill Kemp Knowles Macdonald MacGibbon Newman Panizza Parer Patterson Reid Short Tambling Teague Tierney Vanstone Walters Watson Question agreed to. Senator Cook's amendment to clause 1 further debated.

Limitation of debate: And the time allotted for the consideration of

the remaining stages of the bill having expired -

Proposed suspension of standing orders: Senator Hill, pursuant to

contingent notice, moved - That so much of standing order 142 be

suspended as would prevent further consideration of the bill without

limitation of time.

Debate ensued.

Question put.

The committee divided -

AYES, 30

Senators - Archer Baume Bishop Bjelke-Petersen Boswell Brownhill (Teller) Campbell Chapman Crane Crichton-Browne Durack Harradine Herron Hill Kemp Lewis Macdonald MacGibbon Newman Panizza Parer Patterson Reid Short Tambling Teague Tierney Vanstone Walters Watson

NOES, 36

Senators - Aulich Beahan Bell Bolkus Bourne Burns Chamarette Childs Coates Collins Colston Cook Cooney Coulter Crowley Devereux Faulkner (Teller) Foreman Giles Kernot Lees Loosley McKiernan McMullan Maguire Powell Reynolds Schacht Sherry Sibraa Sowada Spindler Tate Walsh West Zakharov Question negatived. Question - That Senator Cook's amendment be agreed to - put and passed. Senator Tambling, by leave, moved the following amendments together by leave: Clause 3, page 2, paragraph (b), line 1, before "wood", insert 'and other'. Clause 4, page 3, subclause (1), after definition of "export", insert the following definition: ""forest development project' means a wood processing project that satisfies the conditions set out in section 11A;". After the heading to Part 2, page 4, insert the following heading: "Division 1 - General". Clause 10, page 4, subclause (1), lines 32 to 35, omit the subclause, substitute the following subclause: "10.(1) If the Minister is satisfied that: (a) the conditions imposed by Divisions 2 and 4 have been met in relation to a particular wood processing project; or (b) the conditions imposed by Divisions 3 and 4 have been met in relation to a particular forest development project; the Minister must, by instrument in writing, declare that this Act applies to the project.". Before clause 11, page 5, insert the following heading: "Division 2 - Conditions Applicable to Major Wood Processing Projects". Clause 11, page 5, line 3, omit "First condition:", substitute "Condition relating to". After clause 11, page 5, insert the following heading and clause: "Division 3 - Conditions Applicable to Wood Processing Projects Conducted Under State Forest Industry Development Plans Conditions relating to projects under State forest industry development plans "11A.(1) The designated Ministers must be satisfied that: (a) the project will be conducted in accordance with a State forest industry development plan; and (b) to conduct the project in the way in which it is proposed to be conducted will result in one or both of the following: (i) a substantial modernisation of existing facilities or equipment in the catchment area in which the project is conducted; (ii) a substantial increase in the amount, or the value, or both the amount and the value, of goods produced from wood processing projects in the catchment area in which the project is conducted; and (c) appropriate consideration has been given under the State forest industry development plan to the establishment, maintenance and use of forestry plantations. "(2) In this section: "goods' does not include: (a) logs for export; or (b) wood-chips for export (other than residues from the project); unless those logs or wood-chips will be produced from forestry plantations and will not be needed for consumption or use in Australia; "State forest industry development plan' means a plan that: (a) has been prepared by a State in accordance with procedures and standards specified in or under the agreement between the Commonwealth and the State entered into under section 9; and (b) relates to the processing of wood from a catchment area in that State." Before clause 12, page 5, insert the following heading: "Division 4 - General Conditions". Clause 12, page 5, line 33, omit "Second condition:", substitute "Condition relating to". Clause 12, page 5, paragraph (1)(b), line 41, after "project", insert "or, in the case of a forest development project, from conducting the project or implementing the relevant State forest industry development plan". Clause 12, page 6, paragraph (2)(a), line 4, after "project", insert "or, in the case of a forest development project, to the project or to the relevant State forest industry development plan,". Clause 12, page 6, subparagraph (2)(b)(i), line 13, after "project", insert "or, in the case of a forest development project, conducting the project or implementing the relevant State forest industry development plan,". Clause 13, page 7, line 1, omit "Third condition:", substitute "Condition relating to". Clause 14, page 7, line 15, omit "Fourth condition:", substitute "Condition relating to". Clause 15, page 7, line 34, omit "Fifth condition:", substitute "Condition relating to". After clause 22, page 12, insert the following clause: Action to be taken where resource security is lost "22A. If subsection 16(2) does not apply to the exercise of a Commonwealth decision making power in relation to a wood processing project because of section 17, 18, 19, 20 or 21 (otherwise than because of a breach by the enterprise concerned), the Minister must consider what steps can be taken to allow the enterprise access to alternative resources of a similar kind.". Clause 23, page 12, lines 24 to 32, omit the clause. Question - That the amendments be agreed to - put. The committee divided -

AYES, 30

Senators - Archer Baume Bishop Bjelke-Petersen Boswell Brownhill (Teller) Campbell Chapman Crane Crichton-Browne Durack Harradine Herron Hill Kemp Lewis Macdonald MacGibbon Newman Panizza Parer Patterson Reid Short Tambling Teague Tierney Vanstone Walters Watson

NOES, 36

Senators - Aulich Beahan Bell Bolkus Bourne Burns Chamarette Childs Coates Collins Colston Cook Cooney Coulter Crowley Devereux Faulkner (Teller) Foreman Giles Kernot Lees Loosley McKiernan McMullan Maguire Powell Reynolds Schacht Sherry Sibraa Sowada Spindler Tate Walsh West Zakharov Question negatived. Senators Hill and McMullan, by leave, made statements relating to the bill. Question - That the bill, as amended, be agreed to and the bill be reported with an amendment - put. The committee divided -

AYES, 28

Senators - Aulich Beahan Bolkus Burns Childs Coates Collins Colston Cook Cooney Crowley Devereux Faulkner (Teller) Foreman Giles Harradine Loosley McKiernan McMullan Maguire Reynolds Schacht Sherry Sibraa Tate Walsh West Zakharov

NOES, 38

Senators - Archer Baume Bell Bishop Bjelke-Petersen Boswell Bourne Brownhill (Teller) Campbell Chamarette Chapman Coulter Crane Crichton-Browne Durack Herron Hill Kemp Kernot Lees Lewis Macdonald MacGibbon Newman Panizza Parer Patterson Powell Reid Short Sowada Spindler Tambling Teague Tierney Vanstone Walters Watson Question negatived.

The Chairman of Committees (Senator Colston) to report that the

committee had considered the bill, had amended the bill and had

negatived the question that the bill, as amended, be agreed to and

that the bill be reported with an amendment. Senator Colston further

to report that the committee had agreed to a resolution limiting

debate on the bill under standing order 142.

The President resumed the Chair and the Chairman of Committees

(Senator Colston) reported accordingly.

On the motion of Senator McMullan the report from the committee

was adopted.