STATUTE LAW REVISION BILL 1998 Second Reading Speech

Northern Territory Second Reading Speeches

STATUTE LAW REVISION BILL 1998

(This an uncorrected proof of the daily report. It is made available under the condition that it is recognised as such.)

Bill presented and read a first time.

Mr STONE (Attorney-General): Madam Speaker, I move that the bill be now read a second time.

This bill follows the general pattern of statute law revision bills in revising and correcting the law of the Northern Territory in minor aspects.

There are a number of amendments contained in the bill which I wish to draw to the attention of honourable members.

The Planning Act and the Crown Lands Act provide short forms of words to describe electricity supply easements, created as part of either a subdivision of land or as part of a new grant of land. Doubts have been expressed as to the extent of powers given to holders of such easements. These amendments provide for the removal of those doubts. However, these amendments as contained in clauses 6 and 15 of the bill will not affect electricity supply easements registered prior to the time of the commencement of this legislation.

The Planning Act and the Crown Lands Act also provide for easements in gross. An easement in gross is an easement that is not attached to land owned by the person who is seeking the benefit of the easement. Such easements are used by utilities such as the Power and Water Authority to obtain a registered interest over land used either to house services or to provide access to assets of the utility.

Currently, the Real Property Act, the Planning Act and Crown Lands Act are unclear as to whether easements in gross can be registered in favour of organisations such as Telstra. The bill aims to remove the doubts by providing the relevant minister, administering the Crown Lands Act or Planning Act may prescribe persons who can obtain the benefit of easements in gross.

The Cemeteries Act provides that the accounts of certain cemeteries are subject to audit by the Auditor-General. Clause 5 of the bill provides for the amendment of section 34 of the Cemeteries Act so that in accordance with modern audit practices for organisations of this kind there is an allocation and responsibility for the making of a decision as to whether or not an audit is required. In this case, this responsibility is given to the minister.

I note in passing that there is only one cemetery, namely the Nhulunbuy Cemetery, that is affected by section 34. The other public cemeteries are governed by provisions in place under the Local Government Act.

The Administration and Probate Act currently provides for the recognition of grants for probate by courts of countries that are either prescribed in schedule 5 to that act or in regulations under the act. No such regulations have been made and the list of countries in the schedule is incomplete and inaccurate in so far as the names of some countries have changed. Additionally, there are some countries which should be listed but which are not, in fact, listed. Clause 3 of the bill provides for the removal of the list of countries from the act. This will permit revision of the list of countries by making an amendment to the regulations, rather than by an amendment to the act.

Clause 19 amends regulation 5 of the Real Property Regulations, with the consequence that the licensed conveyancing agents have the same powers as licensed real estate agents and legal practitioners in witnessing documents that are lodged for registration under the Real Property Act.

The other amendments are consequential to other legislative changes that occurred over recent years, and which will occur following the commencement of legislation that has been, or is, in the process of being enacted by this Assembly or the Commonwealth.

I commend the bill to honourable members.

Debate adjourned.

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