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Legislative Assembly for the ACT: 1995 Week 7 Hansard (19 October) . . Page.. 1882 ..


MR HUMPHRIES (Attorney-General): Mr Speaker, for the information of members, I present the following paper:

Construction Industry Long Service Leave Board - Report, freedom of information and financial statements, including the Auditor-General's report, for 1994-95.

Pursuant to section 6 of the Subordinate Laws Act 1989, I also present the following paper:

Land (Planning and Environment) Act - Determination No. 148 of 1995 - Criteria for direct grants of crown leases (S264, dated 19 October 1995).

Paper and Ministerial Statement

MR HUMPHRIES (Attorney-General and Minister for the Environment, Land and Planning): Pursuant to subsection 25(2) of the Lands Acquisition Act 1994, I present a reconsideration of a preacquisition declaration for block 1267 in Belconnen, made under subsection 24(2) of the Act, and I ask for leave to make a brief statement in relation to the declaration.

Leave granted.

MR HUMPHRIES: I thank members. As members will know, with the introduction of the Lands Acquisition Act 1994 the Government is now able to compulsorily acquire land for public purposes. I think this is the first time that this has actually occurred. The Environment and Land Bureau are responsible for the administration of the Act. The bureau is currently in the process of acquiring block 1267, Belconnen, otherwise known as Fassifern. Although withdrawal procedures were commenced before the introduction of the Lands Acquisition Act, no agreement could be reached on the amount of compensation payable. After legal advice the offer of compensation was withdrawn and action instigated under this Act.

Mr Speaker, under the Act the land can be acquired only for a public purpose. In terms of the definition, approximately 4.1 hectares of block 1267 were actually necessary for completion of the Dunlop development. A preacquisition declaration was issued to the lessee on 8 August 1995. However, the lessee has argued, and the bureau has now agreed, that to leave him with the residue of the land would make his position untenable. The lessee sought a reconsideration of the preacquisition declaration to allow for the acquisition of all of block 1267, Belconnen. Section 23 of the Act allows for a person affected by a preacquisition declaration to apply to the Executive for a reconsideration of the declaration. Under section 25 of the Act the variation to the

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