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ADELAIDE CEMETERIES AUTHORITY BILL
Received from the Legislative Council with a message drawing the attention of
the House of Assembly to clause 5, printed in erased type, which clause, being
a money clause, cannot originate in the Legislative Council but which is deemed
necessary to the bill. Read a first time.
The Hon. DEAN BROWN (Minister for Human Services): I move:
That this bill be now read a second time.
I seek leave to have the second reading explanation inserted in Hansard without my reading it.
Leave granted.
The ongoing provision of funeral and cemetery related services in Adelaide is important in order to ensure-
· appropriate memorialisation of the deceased;
· that the needs of the bereaved are met;
· that the maintenance and amenity requirements of cemeteries are met; and
· that heritage and historical components of cemeteries are maintained and enhanced.
The Enfield General Cemetery Trust is a body corporate established under the Enfield General Cemetery Act 1944 . It was established by the State Government in 1944 to maintain and administer Enfield Memorial Park, Australia's first lawn cemetery. In 1997, the Enfield General Cemetery Trust took over the responsibility of administering both the West Terrace Cemetery and Cheltenham Cemetery, thus making the Trust a significant provider of funeral and cemetery related services in South Australia.
As part of the State Government's National Competition Policy obligations, the Enfield General Cemetery Trust was subject to legislative and competitive neutrality reviews in 1998.
As a result of these reviews, a steering committee was established in May 1999 to examine the means by which the recommendations of these reviews could be implemented. The committee was chaired by the Chief Executive of the Department for Transport, Urban Planning and the Arts, Mr Rod Payze, and consisted of representatives of-
· the Enfield General Cemetery Trust;
· Department of Treasury and Finance;
· Crown Solicitor's Office;
· the Office for Government Enterprises; and
· Planning SA.
This Bill has been drafted as a result of the recommendations of the committee and sets out a consolidated legislative framework for the operations of the Trust (which will become the Adelaide Cemeteries Authority under the new legislation), ensuring that the Authority continues to provide appropriate funeral and cemetery related services to the community and setting in place an appropriate commercial management structure.
The benefits of the proposed rationalised legislation include the following:
· A clear statement of the role of the Adelaide Cemeteries Authority with emphasis on a full range of funeral and cemetery services to the community, rather than being restricted to the administration and management of cemeteries (as currently stipulated by the Enfield General Cemetery Act 1944 ).
· A clear statement of the services to be delivered by the Authority through a Charter and Performance Statement, with greater flexibility being provided to the Authority to achieve these agreed targets.
· A requirement for the board of the Authority to prepare a Strategic Plan and a Business Plan to enable the Authority to plan with confidence for the future (to be approved by the Minister and Treasurer).
· A requirement for plans of management to be prepared for each cemetery (not just the West Terrace Cemetery) taking into account-
- the heritage and historical significance of the cemetery;
- the scale and character of new memorials or monuments; and
- planting and vegetation in the cemetery.
The plans must be released for public consultation for 30 business days rather than the 2 weeks currently stipulated in the Enfield General Cemetery Act 1944 .
· The retention of existing protective measures relating to designated grave areas for religious faiths and military service personnel, as well as the right for `ministers' of religion to undertake religious services.
· A board consisting of people with experience pertinent to the roles, functions and performance agreements set out in the Bill.
· The establishment of a single up-to- date Act to replace the existing Enfield General Cemetery Act and West Terrace Cemetery Act , established in 1944 and 1976 respectively.
Following the Second Reading Speech of the Bill on 12 October 2000, the President of the other place ruled that the Bill was a `hybrid' and must be referred to a Select Committee pursuant to standing order 268.
The Select Committee met in December 2000 to hear representations on the Bill, following a call for submissions. The Steering Committee met again through April and May to finalise its report.
As a result of public input and the considerations of the Committee, the Committee's report proposed a number of amendments to the Bill. The report was unanimously adopted by the Select Committee.
The recommendations of the Select Committee were accepted in the other place and have now been incorporated into the Bill.
The major provisions of the Bill are discussed below.
Functions of the Authority
In addition to the Authority's existing functions of the administration and maintenance of Enfield Memorial Park and Cheltenham and West Terrace cemeteries as public cemeteries, and for the interment or inurnment of the deceased in those cemeteries, it is proposed that the Authority's functions be broadened to enable it to provide the full range of services to the community. These functions include:
· the administration and maintenance of other cemeteries acquired by the Authority;
· activities associated with the heritage or historical significance of cemeteries;
· activities or services relating to the burial or other disposal of human remains;
· other activities utilising the Authority's property or buildings;
· other functions assigned to the Authority by the Minister.
Application of the Public Corporations Act 1993
It is proposed that the Authority be made subject to the provisions of the Public Corporations Act 1993 , in order to develop an accountability framework for the board where both commercial efficiency and community service requirements are clearly set out.
The application of the Public Corporations Act 1993 will require the Authority to prepare a Charter and Performance Statement. After adoption by the Minister responsible for the Act and the Treasurer, the Charter is required to be tabled before both Houses of Parliament and presented to the Economic and Finance Committee of the Parliament. To ensure that the Authority does not use its control of the cemeteries to restrict competition, the Bill requires that specific limitations on the Authority's activities designed to prevent such restrictive practices are to be written into its Charter.
The Strategic Plan and Business Plan are also to be approved by the Minister responsible for the Act and the Treasurer.
Board Membership
The Bill contains board membership provisions which provide for appropriate relevant professional experience on the board of the Authority. Required experience/expertise on the board is-
· three members with business/management experience;
· one with historical/heritage experience;
· one with local government experience;
· one with religious/community experience; and
· one with government (other than local government) management experience.
Other membership provisions of the Bill to note are-
· all members will be appointed by the Governor on the nomination of the Minister;
· the nominee with Local Government experience will be selected from a panel of 3 names provided by the Local Government Association;
· all appointments will be for a period of up to 4 years;
· the total number of members is to be reduced from 10 to 7 (comprising at least 2 women and 2 men) and the quorum will be reduced from 6 to 4 members;
· the Bill includes transitional provisions allowing for the disbanding of the existing membership on a gazetted date and the formation of a new board on the same date.
Proposed Transactions of the Authority
To ensure that Parliament has a role if there is a proposal to significantly change the way in which an Authority cemetery is to be managed, the Bill contains a clause requiring the Minister to:
· publish a gazette and newspaper notice of a proposal to sell an Authority cemetery or any part of an Authority cemetery, or to enter into a management agreement for an Authority cemetery/part of a cemetery, or to enter into any partnership, joint venture or profit sharing arrangement;
· publish such notices at least 2 months before the proposed transaction is entered into; and
· provide a written report on the proposed transaction to the Economic and Finance Committee of the Parliament.
Heritage and Monument Committee
The Bill recognises the importance of developing and implementing appropriate heritage policies, particularly in relation to the West Terrace Cemetery, and therefore contains a clause which:
· requires the Minister to establish the Adelaide Cemeteries Authority Heritage and Monument Committee (the Committee) to assist in the preparation and implementation of policies relating to heritage and historical matters; and
· provides for the inclusion in each Annual Report of the Authority of a separate section, prepared (and thus ratified) by the Committee, which reports on the operations of the Committee during the financial year to which the report of the Committee relates. This report must be included in the relevant Annual Report of the Authority in unaltered form.
Plans of management for all cemeteries
The Bill includes the requirement that a plan of management be prepared for all cemeteries under the Authority's control and not just the West Terrace Cemetery (as is currently the case). Plans of management must take into account the heritage and historical significance of the cemeteries and establish policies relating to-
· retention or removal of existing headstones; and
· re-use of burial sites; and
· the scale and character of new memorials or monuments; and
· planting and nurturing of vegetation in the cemetery.
The plans must be released for public consultation for 30 business days, rather than 2 weeks as is specified in the Enfield General Cemetery Act 1944 .
Protection of existing burial rights and services
The Bill maintains the Authority's obligation to ensure that Jewish graves are not to be disturbed without the approval of the appropriate community body. In addition, any part of one of its cemeteries set aside for the interment of members of a particular religious denomination or military service is to be maintained for that purpose.
West Terrace Cemetery
In addition to the requirements of the Authority to maintain the existing burial rights associated with West Terrace Cemetery and to prepare a plan of management for West Terrace Cemetery (and all other cemeteries under its control), the existing definition of West Terrace Cemetery is to be maintained and the Cemetery is to be vested in the Authority. In the event that the Authority wishes to dispose of any part of West Terrace Cemetery as being surplus to its requirements, the Authority may only do so with the written approval of the Minister and by surrendering the fee simple in the land to the Crown. On surrender, the land will form part of the Adelaide Park Lands and come under the care, control and management of the Corporation of the City of Adelaide.
Conclusion
I commend the Bill to all Members and ask that it receive their prompt attention. Not only does the Bill introduce important improvements to the accountability of the Authority, but it also ensures that the Authority will continue to provide funeral and cemetery related services to the community in a sensitive and appropriate manner.
Explanation of clauses
PART 1-PRELIMINARY
Clause 1: Short title
Clause 2: Commencement
These clauses are formal.
Clause 3: Interpretation
This clause contains the definitions of words and phrases for the purposes of the Bill. An Authority cemetery is a cemetery administered by the Adelaide Cemeteries Authority established under Part 2 of the Bill. The definition of burial of human remains is broad to include, in addition to its normal meaning of an earth burial, the placement of the remains in a tomb, mausoleum or vault.
PART 2-ADELAIDE CEMETERIES AUTHORITY
DIVISION 1-ESTABLISHMENT OF AUTHORITY
Clause 4: Establishment of Adelaide Cemeteries Authority
The Authority is established as a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name, with the powers and functions assigned or conferred by or under the Bill. The Authority is the same body corporate as the Enfield General Cemetery Trust ( see clause 2(1) of Schedule 2 ).
Clause 5: Application of Public Corporations Act 1993
The Authority is a statutory corporation to which the provisions of the Public Corporations Act 1993 apply.
Clause 6: Functions
The Authority's primary functions are-
· to administer and maintain as public cemeteries Cheltenham Cemetery, Enfield Memorial Park and West Terrace Cemetery; and
· to administer and maintain any other cemetery established or acquired by the Authority; and
· the burial or other disposal of human remains in an Authority cemetery; and
· to carry out activities associated with the heritage or historical significance of an Authority cemetery; and
· any other function assigned to the Authority under legislation or by the Minister.
The Authority's functions may extend to the following as the Authority thinks fit:
· activities or services relating to the burial or other disposal of human remains;
· other activities or services utilising Authority property and buildings.
Clause 7: Powers
The Authority has all the powers of a natural person together with the powers conferred on it under this Bill or any other Act.
Clause 8: Special provisions relating to Authority's powers
This clause sets some limitations on the Authority's powers, a number of which have been carried over from the Enfield General Cemetery Act 1944 and the West Terrace Cemetery Act 1976 (to be repealed by this Bill- see clause 1 of Schedule 2 ).
The Authority may not acquire or establish a cemetery without the written approval of the Minister.
The Authority may not grant a right for burial purposes for a term longer than 99 years but may, from time to time, renew a burial right for any lesser period.
The Authority must not disturb or interfere with a grave within the area delineated and marked Jewish Granted MEM. No. 443 Bk. 42 on the plan of West Terrace Cemetery without the written approval of the Board, the Trustees, or the Chief Minister, of the Adelaide Hebrew Congregation Inc.
The Authority must not, without the approval of the Minister, use for any other purpose a portion of an Authority cemetery set apart for the burial or other disposal of persons of particular religious denominations or of members (or former members) of an arm of the Defence Forces of Australia or of the naval, military or air force of some other country.
The Authority must not prevent or interfere with the performance of a ceremony according to the usage of a person's religion in connection with the burial or other disposal of the person's remains.
The Authority must allow a minister of a religious denomination for which a portion of an Authority cemetery is set apart to have free access and admission to that portion of the cemetery at all times in order to exercise his or her functions as a minister.
The Authority's charter under the Public Corporations Act 1993 must contain specific limitations on the Authority's activities designed to prevent the Authority, through its control of access to Authority cemeteries, from unduly restricting competition in the provision of funeral, floral, monument making or other services, or the supply of goods.
Clause 9: Minister must give notice of certain proposed transactions of Authority
The Authority must not-
· sell an Authority cemetery or part of an Authority cemetery; or
· grant a lease or licence in respect of an Authority cemetery, or part of an Authority cemetery, in order to enable the Authority's primary functions, or a substantial part of the Authority's primary functions, with respect to the cemetery to be performed otherwise than directly by the Authority and its staff; or
· enter into any partnership, joint venture or other profit sharing arrangement,
unless the Minister has approved a proposal for the transaction and has, at least 2 months before the proposed transaction is entered into given notice of the proposed transaction in the Government Gazette and a daily newspaper and provided a written report on the proposed transaction to the Economic and Finance Committee of the Parliament.
This does not apply to the disposal of land comprising or forming part of West Terrace Cemetery that is surplus to the requirements of the Authority.
Clause 10: Surplus West Terrace Cemetery land to form part of Adelaide Park Lands
The Authority may only dispose of land comprising or forming part of West Terrace Cemetery that is surplus to the requirements of the Authority with the written approval of the Minister and by surrender of the fee simple in the land to the Crown. On surrender, the land will form part of the Adelaide Park Lands and come under the care, control and management of the Corporation of the City of Adelaide.
Clause 11: Common seal and execution of documents
This clause provides for the use by the Authority of the Authority's common seal and the manner in which documents of the Authority are to be properly executed. It is in the usual terms.
DIVISION 2-BOARD
Clause 12: Establishment of board
A board of not more than 7 directors ( to be appointed by the Governor on the nomination of the Minister) is established as the governing body of the Authority. The Minister must, in nominating persons for appointment to the board, have regard to particular fields of experience required for the effective functioning of the Authority and for the need for the Authority, in carrying out its functions, to be sensitive to the cultural diversity of the State. One of the directors will, on the nomination of the Minister, be appointed by the Governor to chair meetings of the board.
Clause 13: Conditions of membership
A director will be appointed for a term, not exceeding 4 years, specified in the instrument of appointment and will, at the expiration of a term of appointment, be eligible for reappointment, although the term of office of a retiring director continues until he or she is reappointed or a successor is appointed (as the case may be). The office of a director becomes vacant on certain occurrences.
Clause 14: Vacancies or defects in appointment of directors
An act of the board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a director.
Clause 15: Remuneration
A director is entitled to be paid from the funds of the Authority such remuneration, allowances and expenses as may be determined by the Governor.
Clause 16: Board proceedings
This clause sets out requirements for the proceedings of the board of directors, including the quorum of the board (4 members).
Clause 17: Committees
The board may establish such committees (including advisory or subcommittees) as the board thinks fit, the membership of which is to be determined by the board.
DIVISION 3-STAFF
Clause 18: Staff
The Authority may employ such staff as it thinks necessary or desirable on terms and conditions determined by the Authority.
PART 3-MISCELLANEOUS
Clause 19: Adelaide Cemeteries Authority Heritage and Monument Committee
The Minister will establish the Adelaide Cemeteries Authority Heritage and Monument Committee to consist of not less than 3 nor more than 5 members appointed by the Minister, of whom one must be a director and the remainder must include persons who together have the abilities and experience required for the effective performance of the Committee's functions.
The Committee has the following functions:
· to advise the Authority on heritage and historical matters relating to Authority cemeteries;
· to advise the Authority on activities associated with the heritage or historical significance of Authority cemeteries;
· to advise the Authority on the establishment and implementation of policies relating to monuments, headstones and memorials;
· any other function assigned to the Committee by or under this measure, or by the Minister or the Authority.
The Committee must submit to the Authority for inclusion in each annual report of the Authority a report ( which must be included in unaltered form) prepared by the Committee on its operations during the financial year to which the report relates.
Clause 20: Plans of management for Authority cemeteries
The Authority must prepare plans of management for each Authority cemetery and present those plans at public meetings convened by the Authority.
A plan of management for a cemetery must take into account the heritage and historical significance of the cemetery and establish policies relating to the following matters:
· retention or removal of existing headstones;
· re-use of burial sites;
· the scale and character of new memorials or monuments;
· planting and nurturing of vegetation in the cemetery.
In preparing a plan of management for a cemetery, the Authority must consult with the relevant local government council, the administrative unit of the Public Service responsible for State heritage matters and other persons who, in the opinion of the Authority, have a particular interest in the management of the cemetery.
The Authority must, at least 30 business days before the date of a public meeting, publish a newspaper notice advising the public-
· of the date, time, place and purpose of the meeting; and
· of the place (determined by the Minister) where the plan of management may be inspected, without charge and during normal office hours, during the period leading up to the meeting.
A plan of management for an Authority cemetery must, if the cemetery is, or includes, a State heritage place ( within the meaning of the Development Act 1993 ), be approved by the Minister before it takes effect.
The Authority may amend a plan of management at any time during the course of the period covered by the plan ( and, in that event, the amendment must be presented at public meetings convened by the Authority and the relevant provisions of this clause will apply to the amendment process in the same way as to the initial preparation of a plan of management).
The Authority must keep a copy of each current plan of management available for inspection by members of the public, without charge and during normal office hours, at a place determined by the Minister.
Clause 21: Non-application of s. 586 of Local Government Act 1934
Section 586 of the Local Government Act 1934 does not apply to an Authority cemetery.
Clause 22: Ministerial approvals
An approval given under this Bill may be specific or general and conditional or unconditional and may be varied or revoked.
Clause 23: Regulations
The Governor may make regulations for the purposes of the Bill and those regulations may apply other specified regulations (with or without modifications) to an Authority cemetery.
SCHEDULE 1: Plan of West Terrace Cemetery
Schedule 1 contains a plan of West Terrace Cemetery.
SCHEDULE 2: Repeal and Transitional Provisions
Schedule 2 contains provisions repealing the Enfield General Cemetery Act 1944 and the West Terrace Cemetery Act 1976 and dealing with transitional issues arising from the repeal of those Acts and the enactment of the Bill.
Clause 2(1) of Schedule 2 provides that the Authority is the same body corporate as the Enfield General Cemetery Trust established under the Enfield General Cemetery Act 1944 .
Clause 2(2) of Schedule 2 provides that the offices of the members of the Enfield General Cemetery Trust are vacated on the commencement of this clause.
Clause 3 of Schedule 2 provides that West Terrace Cemetery is vested in the Authority for an estate in fee simple with the Authority holding the land so vested subject to any rights or interests granted and in force in respect of the land immediately before the commencement of this clause.
Ms KEY secured the adjournment of the debate.
(Continued from 17 May. Page 1614.)
Ms KEY (Hanson): In looking at this bill, I am reminded that there have been
a number of inquiries ranging from the Statutory Authorities Review Committee
through to a steering committee and a select committee that reported earlier
this year. The aim of all these committees, I believe, was to ensure that there
was a clear statement, as addressed by the minister, of the role of the Adelaide
Cemeteries Authority-to look at the full range of funeral and cemetery services
to the community, with flexibility under the umbrella of an established authority,
instead of its being restricted to administration and management of cemeteries.
This bill seeks to achieve a single, up-to-date act in relation to Adelaide
cemeteries, to establish an authority and to provide administration and maintenance
for Cheltenham Cemetery, Enfield Memorial Park and West Terrace Cemetery.
A number of submissions have been made to Labor regarding this bill and I commend the Local Government Association and the Australian Conservation Foundation on their submissions to caucus on this very important issue. I note, in reading through the findings of the Statutory Authorities Review Committee, the steering committee and the select committee, that there has been considerable interest in the new structure which will be put forward and which, I think, is contained mainly in this bill.
One of the areas that I found particularly interesting when meeting with the Australian Conservation Centre is, surprisingly, the issue of native vegetation. I commend Sharon Mosler of the University of Adelaide who, knowing my interest in the area of native flora and fauna, provided me with a check list of the native plant species that can be found-at the moment, at least-at the West Terrace Cemetery. Assuming that this bill is successful, I urge the new board to look at this with some seriousness. There are some questions that I want to ask the minister in committee with regard to that issue.
I note from the information supplied to me that, just in the West Terrace Cemetery-and I know that this issue can be taken up in some of the country cemeteries in South Australia and, indeed, throughout Australia-there are at least three trees that are known to be native to the plains. They are found in the West Terrace Cemetery, in the parklands and in the Mile End area, part of which is in the electorate of Hanson, which I represent.
There are at least six different types of tall to medium shrub plants from that area; 12 ground layer shrubs which are considered to be important as part of our background with regard to native flora; and 27 herbaceous and annual species that have also been identified and can be found (some of them quite rare plants) in the West Terrace Cemetery, west parklands and Mile End.
One other point I would like to make about this bill is that not only have a number of individuals made submissions to the various committees that have been set up but also the Adelaide City Council has been involved and, in particular, the previous Lord Mayor, Jane Lomax-Smith. As the House would be aware, she is now a candidate for the seat of Adelaide. I am sure that, when elected, she will be a good representative for the people who live in the seat of Adelaide. I would also like to acknowledge the work of the minister, who has done an excellent job in representing most of the views of the different reports and recommendations that have been brought before her. I also mention here the Hon. Carmel Zollo, the Hon. Terry Roberts and more recently the Hon. Robert Sneath, members in another place, for their work and diligence in following up on this issue and making sure that the parliamentary Labor caucus was aware of all the varying interests and concerns that have been raised by the public with regard to the Cheltenham Cemetery, Enfield Memorial Park and West Terrace Cemetery.
With regard to heritage and historical issues, a number of the submissions I have received on this bill have emphasised the fact that in this case it is important to look at the white heritage of South Australia, particularly through the Adelaide cemeteries, and at some of the historical contribution and issues that can be found just by analysing some of the monuments, gardens and places within those three areas. I am pleased to see in the bill some reference to a heritage and monument committee which is proposed to be a subcommittee of the authority. As I said, this bill has obviously been the product of a lot of work on both Labor and Liberal sides of the House, and I am pleased to say that in this instance Labor supports the bill.
The Hon. DEAN BROWN (Minister for Human Services): I appreciate the concise,
valuable and positive contribution by the honourable member. This bill has gone
before a select committee, so I do not believe that there is any point in debating
the issues at length. The matter has been dealt with by that select committee,
and I now urge the House to support the bill.
Bill read a second time.
In committee.
Clauses 1 to 3 passed.
Clause 4.
Ms KEY: In other negotiations that have taken place, as I understand it-and, in fact, in an amendment that was in the minister's name, I think last year-there was a proposal that there be an application of the Public Corporations Act 1993 and that the authority is a statutory corporation to which the provisions of the Public Corporations Act apply. I note that that has been deleted in this version of the bill. Presumably, the explanation is that the authority is a body corporate, as referred to in clause 4(2)(a). Will the minister explain what the identity of the new proposed authority will be?
The Hon. DEAN BROWN: Firstly, this is a money bill, and that is why this has to be done. The authority is the same body corporate as the Enfield General Cemetery Trust.
Clause passed.
New clause 5.
The Hon. DEAN BROWN: I move:
Page 4, after line 10-Insert:
Application of Public Corporations Act 1993
5. The authority is a statutory corporation to which the provisions of the Public Corporations Act 1993 apply.
This is necessary because it is a money bill.
Ms KEY: I am not sure whether the document that I have is, in fact, the correct amendment. Has an amendment been distributed? I do not think any of us has received it.
The CHAIRMAN: The amendment has been on file for some time.
The Hon. DEAN BROWN: The amendment was filed on 28 May.
New clause inserted.
Clause 6.
Ms KEY: Clause 6(a) relates to the administration and maintenance of certain public cemeteries. The Local Government Association has sought clarification about the method of gaining approvals for conservation work deemed to be development that directly affects the cemetery. So, presumably there would need to be some clarification about maintenance with regard to the public cemeteries that are listed. Can the minister give any clarification with regard to gaining approvals for conservation work?
The Hon. DEAN BROWN: In preparing for the administration and maintenance of the cemetery, I refer the member for Hanson to clause 20, relating to the plans of management for authority cemeteries. They must prepare plans of management for each authority cemetery and, in doing that, they must consult with the local government body as referred to in subclause (4), so there is consultation with the council on that. I might add that that includes some of the conservation issues that the honourable member is talking about.
Clause passed.
Clause 7 passed.
Clause 8.
Mr De LAINE: Clause 8(1) provides that the authority may not acquire a cemetery or a part of a cemetery or establish a cemetery without the written approval of the minister. Will you explain to me what process needs to be followed for a new cemetery to be established? Is it done purely by the authority, and would it be funded by the government, or would it be a shared responsibility of the government and local government?
The Hon. DEAN BROWN: Under clause 8(1), a public corporation would have to apply to the minister in writing. As for the funding, I think I am right in saying that the government does not fund cemeteries as a general rule-I think West Terrace is an exception to that-so they would need to be able to provide their own funding. I could ask the minister to clarify that in writing if my answer is wrong.
Mr De LAINE: In the event of an additional cemetery needing to be established, who would make the application and what would be the process of getting that in train?
The Hon. DEAN BROWN: I refer the member to clause 6(1), which provides that the Adelaide Cemeteries Authority has the power to administer and maintain any other cemetery established or required by the authority. In fact, the authority itself could establish a new cemetery and then seek approval from the minister as part of that. As I said, it requires prior approval. The authority may not acquire a cemetery or part of a cemetery or establish a cemetery without the written approval of the minister. So, the proper corporation (the Adelaide Cemetery Authority) has the power to establish it, but it needs the minister's approval.
Mr De LAINE: Subclause (3) provides as follows:
The authority must not disturb or interfere with a grave within the area delineated and marked Jewish Granted MEM.
Why has this exemption, if you like, been granted to the Jewish part of the cemetery? What is the reason for that?
The Hon. DEAN BROWN: It is a straight take from the existing act. That is in policy now, and because the West Terrace Cemetery is part of the new authority then this is a direct take, as you would expect. A previous undertaking has been given.
Clause passed.
Clause 9 passed.
Clause 10.
Ms KEY: I am a member of the select committee which is considering a reference into the parklands, so I am well aware of what that committee will be looking at. Some questions have been raised about the linkages between the City of Adelaide parklands bill and a bill that may appear following the select committee deliberations and recommendations, and the disposal of all or part of the cemetery under the cemeteries bill. In relation to the West Terrace Cemetery, what are the requirements and procedures under the cemeteries bill for the authority to acquire more land from the surrounding parklands? There is some provision in this bill, but I am wondering whether there is any added information. I am also reminded that the select committee on page 7 of its report raised this as an issue. So I am concerned about the relationship between the West Terrace Cemetery, in particular, and the parklands.
The Hon. DEAN BROWN: I think it is very clear from the legislation that it is not intended to take any more Adelaide parklands. Clause 10 deals with the fact that, if it disposes of any land, it needs to go back to the parklands. There is no provision that gives it any entitlement to take more parklands. I appreciate there is a select committee on the parklands, but I think it is a little premature for me to be commenting on what that might decide.
Clause passed.
Clause 11 passed.
Clause 12.
Ms KEY: I notice in the select committee recommendations on page 8 there are a number of comments in relation to the authority board. My question could be dealt with under either this clause or clause 16. Is the minister aware of the status of board members with regard to the sitting fees that they might attract? As the minister would know, there are a number of different boards and decision making bodies within the government sector that have different levels of status. For example, the Housing Trust board has a certain status as opposed to the WorkCover board which has another status and level within the public sector. As this will be a new authority, will the minister indicate what category it might attract. I will not hold the minister to this, but I would be interested to know what the status of this sort of authority and its members is seen to be by the government.
The Hon. DEAN BROWN: I cannot give the honourable member an answer. The normal procedure would be for the legislation to pass, for the authority to be established, and then for the matter to go before the Commissioner for Public Employment, who sets the relevant level. This is what happens in all other areas. Therefore, it would be a matter of whether it has changed from the present position. That would be the normal process. I doubt whether that has even been determined. It is not likely to be determined until the act is assented to.
Clause passed.
Clauses 13 to 17 passed.
Clause 18.
Ms KEY: In division 3 it is provided that `the authority may employ such staff as it thinks necessary or desirable on terms and conditions determined by the authority.' Will the staff be covered by public service provisions, will the head of the authority be answerable to the Commissioner for Public Employment, and under what type of contract of employment will staff expect to be employed?
The Hon. DEAN BROWN: I cannot give an absolute assurance, but I think it is normal in a case such as this for them to be employed under the Public Sector Management Act. That is the normal practice, and I expect that it would apply in this case.
Clause passed.
Clause 19.
Ms KEY: During the select committee hearings, a number of suggestions were made with respect to the Adelaide Cemeteries Authority Heritage and Monument Committee, and a number of questions were raised with and submissions made to the various select committees, the steering committee and the Statutory Development Committee. Will the minister address the issue of what relationship this committee would have to the Development Act and PARs, and will it be necessary for this committee to receive development approval for any changes or the establishment or implementation of any headstones or memorials through this committee's work? This is similar to the question that I asked regarding maintenance and how that fits in with the Development Act. A number of questions have been asked about how this committee will fit in with the Development Act and the procedures under the Development Act.
The Hon. DEAN BROWN: This committee would have no influence at all on the Development Act. If you look at clause 20, you will see that it is only an advisory committee. It has no functions or powers except to give advice. Clause 19( 4) provides:
The committee has the following functions:
(a) to advise the authority. . .
(b) to advise the authority on activities. . .
(c) to advise the authority on the establishment. . .
(d) any other function . . . by the minister
It would not impact on the DAC at all.
Ms KEY: One of the reasons for that question is that one of the select committee recommendations is that the minister will establish a heritage and monument committee to assist in the preparation and implementation of policies relating to heritage and historical matters. My interpretation is that not only would there be advice but also it would be involved in the implementation. But the minister is saying-and it is quite clear in this clause-that we are talking about only advice. It seems this is an area where perhaps there is a difference in emphasis between the select committee's recommendation and the provision in the legislation. That is why I wanted to clarify the relationship with the Development Act, the PARs and the area of construction.
The Hon. DEAN BROWN: I think they can do the implementation under subclause (4)(d). I was making the point that they do not have any power in terms of development approvals but they can give advice on and carry out the preservation of monuments. This clause has been inserted as a result of the select committee's recommendation.
Mr HILL: I think it is admirable that this committee has been established because our cemeteries, particularly our older cemeteries, obviously contain a lot of heritage material that should be protected and preserved. My concern is that the minister responsible for heritage in this state ( currently the Minister for Environment and Heritage) is not involved and his officers and those expert in heritage matters are not included in the process. If you look at the qualifications, all that is required is that, in the minister's opinion, they have the ability and experience necessary to perform the duties. We are not even sure who the minister would be. I guess that is another part of the question: who would be the minister? It would not be the Minister for Environment and Heritage. Would it be the planning minister or the Minister for Government Enterprises in the current government? Why is there not a stronger role for the heritage minister or the heritage department in this authority?
The Hon. DEAN BROWN: If the member for Kaurna looks at clause 20, he will see that it is required to prepare plans for management and to present those plans to a public meeting. Clause 20(4) provides:
In preparing a plan of management for a cemetery, the authority must consult with the relevant local government council, the administrative unit of the public service responsible for state heritage matters and other persons.
When preparing plans, the authority is required to consult with the Department of Environment and Heritage, as the appropriate part of the Public Service that deals with heritage matters. So, the Department of Environment and Heritage would have a strong input because it has to be involved and consulted when plans are developed.
Mr HILL: I guess that is some assurance that there is an involvement. Of course, the authority is required to have the management plans and consult with various departments, including Heritage. But the committee that is established underneath the authority is not necessarily required to include anyone with heritage knowledge or involved with heritage training. That committee can be delegated under the clause you mentioned before- clause 4(d)-and can be assigned duties to preserve and restore damaged heritage items. You may be giving a body with no heritage expertise those responsibilities. While the management plan may have had to be consulted, the day-to-day operation does not require ongoing heritage involvement.
The Hon. DEAN BROWN: I think it does under clause 19, because in selecting members for this committee they must be people who have the abilities and experience required for the effective performance of the committee. It is after all a heritage committee, so there would be a breach of clause 19(2)(b) unless people had experience and capability in heritage matters. The other issue is that under clause 20(6) there is a requirement also that they must be able to comply with heritage requirements under the Development Act. You can see not only that there are safeguards there, because they must comply and consult with the appropriate government department, but also that they must be ongoing people with an ability in this area. I can understand the member raising his concern in this matter, but this clause has been drafted to consider all the points he has raised.
Clause passed.
Clause 20.
Ms KEY: I notice in the select committee report that different consultation times are suggested with regard to draft plans of management. First, the select committee suggested that draft plans of management should be released for 12 rather than six weeks' consultation and- I could not find it in this clause-the committee considered that making the consultation period the same as that for major development-an environment impact statement consultation period of six weeks-is appropriate but recommended that the bill should be amended to refer to 30 business days in order to clarify the situation. I am wondering whether the minister could comment on decisions eventually made to put provisions in this bill regarding consultation. I notice that clause 5 talks about 30 days before the date of a public meeting, but it seems that the consultation dates do not reflect the suggestions made by the select committee. There is probably good reason for that, but what is the rationale behind the consultation dates put in clause 20? Secondly, what would be the situation with regard to major developments and environment impact statements? They do not seem to be mentioned here at all.
The Hon. DEAN BROWN: Prior to the select committee the period under subclause (5) was six weeks, which was taken from the Enfield cemetery legislation. It was changed to 30 days because of the recommendation of the select committee. Therefore, it is now 30 days in line with the select committee's recommendation.
Mr De LAINE: I have been a long-time strong opponent of the reuse of burial sites in cemeteries. In recent years there has been large-scale reuse of burial sites in the Cheltenham Cemetery, in my electorate. Does this mean that when this bill comes into effect no more recycling can be done at the Cheltenham Cemetery, for instance, until such time as a public meeting is convened by the authority to reinstate that practice or to continue with the recycling of graves?
The Hon. DEAN BROWN: As far as Cheltenham is concerned, under clause 20(3)(b), if they were going to reuse burial sites, they would have to develop a management plan to do that and that would have to be approved. However, regulations under the Local Government Act under cemeteries set down the conditions under which there can be recycling of any burial site. The conditions that apply are established under another act of parliament.
Ms KEY: With regard to clause 20(3)(d), `planting and nurturing of vegetation in the cemetery', in my contribution earlier I raised the issue of native vegetation. I know, strictly speaking, we are talking about vegetation that has probably been put in place as part of the garden or as part of the memorial in the three areas that we are talking about. Will the minister take on notice the concern that has been raised by the opposition with regard to native vegetation and whether the minister could consider this in her deliberations and perhaps make a statement? As I said, not only has this issue been raised by the Conservation Council but also by a number of other people who have regard for native vegetation and some of the remnant native vegetation in not only the Adelaide cemeteries that will be covered by this bill but also in country cemeteries as well.
Trying to save some of our native flora has become quite an issue in this state. I do not expect the minister to answer me directly tonight, but I would appreciate it if he would be prepared to undertake to raise that with the minister and provide an answer on that issue.
The Hon. DEAN BROWN: I will certainly take up the matter with the minister. Can I say that I would support that very strongly indeed, firstly, because I personally very strongly support retention and even the development of native vegetation, where appropriate. I can recall another cemetery, the Victor Harbor cemetery, which has a superb native vegetation area and a very significant area which they are using now. They have developed walkways through the native vegetation, and there are a lot of big gums. Small plaques have been placed where ashes have been laid along the paths through native bushland. It is different-and I have not seen it anywhere else-but it is quite popular. Being a person who supports that sort of thing very strongly indeed, the member can be assured that I would advocate to the minister that any native vegetation be retained, preserved and even enhanced.
Clause passed.
Clause 21 passed.
Clause 22.
The Hon. DEAN BROWN: I move:
Page 11, line 36-Leave out `or the Treasurer'.
Page 12-
Line 3-Leave out `or the Treasurer'.
Line 4-Leave out `or the Treasurer (as the case may be)'.
Ms KEY: Why? What is the explanation for deleting `or the Treasurer' in these considerations when, at the commencement of our considerations, we had to consider the supply issue associated with the Public Corporations Act and reinserting clause 5? Perhaps the minister could explain why we are now deleting `or the Treasurer'. I have no problem with the concept, but I would like to know why.
The Hon. DEAN BROWN: The original clause 8 made reference to the Treasurer. The select committee recommended the removal of `or the Treasurer' but that recommendation was missed in the drafting. These amendments are conse
quential on the one that occurred in the removal of `or the Treasurer' from clause 8, and that is why `or the Treasurer' is now being removed.
Amendments carried; clause as amended passed.
Clause 23 passed.
Schedule 1.
Ms KEY: As I said earlier, part of the proposed area to come under the Adelaide Cemeteries Authority Bill is in my electorate of Hanson. With all the pomp and ceremony that was attached to the renaming of Burbridge Road to Sir Donald Bradman Drive, would it be appropriate that schedule 1 is amended to reflect the new name? As I understand it, and I have certainly seen them in the electorate, signs have been displayed to that effect. Is it appropriate for the minister to amend that schedule?
The Hon. DEAN BROWN: The map that we have here was prepared by Planning SA, but I will suggest to the minister that she look at ensuring that that plan is up to date in all respects, including the naming of all streets shown on the plan.
Schedule 1 passed.
Schedule 2 and title passed.
Bill read a third time and passed.