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Legislative Assembly
 
SWAN HILL PIONEER SETTLEMENT AUTHORITY (REPEAL) BILL

5 May 1994
Second Reading
COLEMAN

 


              SWAN HILL PIONEER SETTLEMENT AUTHORITY (REPEAL) BILL
                                 Second reading

  Mr COLEMAN (Minister for Natural  Resources) -- I move:
  That this bill be now read a second time.
In  order  to  enable  the  more  efficient  running  of the Swan  Hill  Pioneer
Settlement it is proposed to transfer the management of  the  Swan  Hill Pioneer
Settlement to the Swan Hill  City Council.  This will  entail the  repeal of the
Swan  Hill Pioneer  Settlement Act 1974 and the transfer of  all the  assets and
liabilities of the authority to the Swan Hill City Council.

The Swan Hill Pioneer Settlement was established in  the 1960s and was the first
folk museum in Victoria. It was originally administered by  the  Swan  Hill City
Council  and the assets and  liabilities transferred to the  government when the
statutory authority was established in 1975.
The Swan Hill  Pioneer  Settlement Authority and the Swan Hill City Council have
each made representations to both this government and the previous government to
repeal the legislation which set  up  the  authority.  It  is considered by both
parties that the settlement can be run with  reduced administrative overheads by
the Swan Hill City Council.
The bill simply transfers the operation to the Swan Hill City  Council and is in
accordance with the very clear policy of the government to lessen involvement in
the  ownership  and management  of  operations which  can  more effectively  and
efficiently be run by other bodies.

The council will  be  granted a long-term lease of between 21  and 50 years at a
peppercorn  rental  of  10  dollars per year. This will enable  the  council  to
concentrate its energy on running the operation as a success without any fear of
an  increase  in  rental  which  would  effect  the  ongoing  viability  of  the
settlement.
Finally, the bill repeals  the  Coal  Creek  Historical  Park  Act  1975 and the
Gippsland Folk Museum Act 1976, which mirror the Swan Hill legislation  in  that
these  acts, in  each  instance, establish a  statutory  authority to  manage  a
historical park. Neither the Coal Creek nor the  Gippsland Folk Museum acts have
been  proclaimed  however,  and  satisfactory  administrative  arrangements  are
currently in place with  the  two  historical  parks  being run by committees of
management. It  would therefore be inappropriate  for the government to  step in
and assume ownership and management of those parks.

I make the following statement under section 85(5) of the Constitution Act  1975
as to the reasons why it is proposed in the bill  to alter or vary section 85 of
this Act.  Section  17  provides  for  the limitation of the jurisdiction of the
Supreme  Court to  prevent  it from  entertaining  actions for  compensation  as
outlined in section 16. It is essential that  the transfer  of the activities of
the pioneer settlement to  the  Swan Hill City Council proceed without delay and
without being impeded by such claims  for  compensation.  It  is  in  the public
interest that the council's management of the pioneer settlement be ratified  by
Parliament.
I commend the bill to the house.
Debate adjourned on motion of Mr HAMILTON (Morwell).

  Mr COLEMAN (Minister for Natural  Resources) -- I move:


Page 1629
That the debate be adjourned until Tuesday, 17 May.