Page 3277 - Week 10 - Thursday, 16 September 1993

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MINISTER FOR THE ENVIRONMENT, LAND AND PLANNING

LEGISLATIVE ASSEMBLY QUESTION

QUESTION NO 965

Rural Leases - Withdrawal and Refencing

Mr Cornwell - asked the Minister for the Environment, Land and Planning

(1) What notice is given to a rural lessee that resumption of land and consequent refencing is to. occur.

(2) Does the Department attempt to co-operate with the leaseholder in order to disturb their land and stock management program as little as possible.

(3) While fencing is being done, what steps does the Department take to ensure its fencing contractors do not create conditions which. may cause injury to stock.

(4) If such injuries occur, what liability is accepted by the Department.

Mr Wood - the answer to the Members question is as follows:

(1) It is a requirement that 3 months formal notice be given to lessees of an intended resumption of land and consequent re-fencing. Whenever possible rural lessees are informed informally about impending withdrawals well before the 3 months legal requirement.

(2) The Department works with the lessee to ensure that the minimum possible disturbance occurs through the withdrawal process. The Department also works closely with the developer to facilitate a smooth transition from grazing to project site.

(3) The Department liaises with the lessee to remove stock from paddocks when fencing operations are underway, although some lessees choose to leave their stock in the area at their.own risk. Where stock remain in the same paddock, the Department requires the contractor to undertake all possible steps to avoid creating conditions that may cause injury to stock.

(4) In these cases, the ACT Government does not accept liability, although this does not negate any of the common law rights of the lessee.

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