Page 417 - Week 02 - Wednesday, 21 February 1990
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MR COLLAERY: I thank Mr Stevenson for the question. That report in the Canberra Times raises some important questions for the Territory. Its suggestion that we are immune from the National Capital Development Commission policies is largely correct, and this is made clear in section 64 of the ACT (Planning and Land Management) Act. As a result, the legal position is that the Commonwealth is able to convert the use of the present Gowrie hostel site to a use that is in contravention of existing NCDC policy, despite the fact that the Commonwealth does not establish that site as being of national significance. I think all members will see the relevance of that comment to those made by the Chief Minister of late.
Additionally, the proposed sale of the site and its subsequent redevelopment cast doubt on the initial intention of the Commonwealth when the site was gazetted as national land immediately prior to self-government. The planning and land management legislation requires that the Commonwealth shall not declare an area to be national land unless the land is, or is intended to be, used by or on behalf of the Commonwealth. I believe that is at section 27 of the Act. Clearly, given the Commonwealth's actions and prospective actions, it is difficult to see how the proposed sale meets the requirements of the Act, in particular section 27(2). Clearly then, the current actions of the Commonwealth must call into question the validity of the declaration of the Gowrie hostel site as national land, and, as all lawyers know, that casts some credibility on the overall declarations within that document.
Sitting suspended from 3.06 to 3.15 pm
SCHOOLS AUTHORITY - 1988-89 REPORT
Statement and Paper
MR HUMPHRIES (Minister for Health, Education and the Arts) (3.15), by leave: I have great pleasure in tabling the final annual report of the former ACT Schools Authority for perusal by Assembly members. As you will notice, Mr Speaker, the report is addressed both to the Commonwealth Minister for the Arts, Tourism and Territories and to me as holding responsibility for the conduct of education in the ACT. The reason for this is that the Commonwealth carried out the functions of government in the Territory until last May and, furthermore, the Schools Authority continued to operate under that title until last August - that is, until after the period covered by this report. It then became the Department of Education, reflecting the assumption of ministerial responsibility as a result of self-government and additionally acquiring the administration of non-government school functions in the ACT. It is plain, therefore, that this totally reflects some historic changes for the conduct of education in the Territory. As the report observes in its introduction:
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