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Friday, 27 July 1906


Senator WALKER (New South Wales) . - I am glad that the Minister has accepted the amendment. I could not see how the land could be required for any but a public purpose, though I understood theMinister to say that other than a public purpose might be the reason for taking it.

Amendment agreed to.

Clause also consequentially amended.

Senator Sir JOSIAHSYMON (SouthAustralia) [11.13]. - I now desire to repeat the suggestion that clauses 23 and 24 should be combined, so that the two matters maybe dealt with in one provision, as in the existing Act. I do not submit an amendment in form, but merely call attention to the matter. Senator Keating, as an experienced lawyer, will see what might be the effect of leaving clause 23 unrestricted as it is, and that the combining of the two clauses would provide a guideto the purpose for which entry may be made.


Senator Keating - This clause imposesa restriction, so far as time is concerned.


Senator Sir JOSIAH SYMON - So does the existing section. I do not know whether there is any particular reason why the two provisions should be separate, but I can see none ; and there would be a great disadvantage to the owner or occupier, in that he would have no power to restrict the occupation. The owner would not be able to point out to the foreman or manager over a great body of workmen that while there was power to enter on the land to take stone, gravel, and so forth, there was no power to establish anything in the nature of a village or canteen for the purposes of supplying the men with necessaries. That, of course, does not ariseunder clause 23.

Clause, as amended, agreed to.

Clause 24 -

1.   The Minister and all persons authorized by. him may, in connexion with the carrying out of any public purpose, exercise on or in relation toany land occupied by him under this Part ofthis Act, all or any of the following powers : -

(a)   to take clay, stone, gravel, earth, timber, wood, or material or things required for carrying out the publicpurpose ;

(b)   to make cuttings or excavations ;

(c)   to deposit clay, stone, gravel, earth, timber, wood, or material ;

(d)   to manufacture goods or articles re quired for carrying out the public purpose ;

(e)   to erect workshops, sheds, and buildings of a temporary character;

(f)   to make roads.

2.   The power to take clay, stone, or earth shall not be exercised in respect of any stone or slate quarry or brickfieldin actual work.

Senator Sir JOSIAHSYMON (South Australia) [11. 15]. - This clause differs to some extent from the corresponding section of the existing Act, but the Minister may be able to explain the reasons for the variation. The powers given are very much enlarged.


Senator Keating - Does the honorable and learned senator mean as to time?


Senator Sir JOSIAH SYMON - No, the powers are given with a great deal of detail in this clause. I direct the Minister's attention: to the first part of subclause 1, which says -

The Minister and all persons authorized by him may, and then this is all new matter - in connexion with the carrying out of any public purpose, exercise on, or in relation to, and so on. Clause 23 gives the right to enter upon and occupy adjacent land, and the Minister may exercise on the land which he has occupied, certain powers. I do not understand what is meant by the expression "in relation to" land. Draftsmen very often introduce unnecessary words, believing that they give additional force, and that is probably how these words have been introduced into this clause. However, they, are as: used here important. They are not merely unnecessary, but might prove to be very inconvenient to the land-owner. To exercise these powers " in relation to" land is unintelligible. I move -

That the words " or in relation to," line 3, be left out.







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