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Legislative Assembly for the ACT: 2001 Week 10 Hansard (30 August) . . Page.. 3777 ..

MR SMYTH (continuing):

areas and will be shortly issuing drafting instructions to Parliamentary Counsel to prepare the necessary legislative changes.

MR OSBORNE: Mr Speaker, I seek leave to speak to that issue.

Leave granted.

MR OSBORNE: It is outrageous that on the last sitting day of this Assembly the minister comes in here and drops that on the table. It's just scandalous. This Assembly passed a motion. At what stage did the department discover there were problems? On what date after the motion was passed did these issues arise? You come in here on the last sitting day, after question time, and drop that on the table. It's just unbelievable, Mr Speaker.

MR SMYTH (Minister for Urban Services, Minister for Business, Tourism and the Arts and Minister for Police and Emergency Services): Mr Speaker, I seek leave to make a short statement in response to that.

Leave granted.

MR SMYTH: When this motion was put before the Assembly we warned the Assembly that there were difficulties in implementing it. The department has been working towards implementation since that time. Mr Osborne asked the question on 21 August. I was absent for that day. Upon my return I was given this answer in reply to Mr Osborne's question.

Lyneham tennis centre

MR SMYTH: Mr Speaker, on 19 June Mr Corbell asked me whether the outstanding statutory charges owed by the developer to the territory had been paid in accordance with the conditions of the development approval. Mr Speaker, the additional information is that on the date of the approval of this development Mr Humphries also wrote to the lessee stating that his decision to approve the application was on the clear understanding that written confirmation would be provided within seven days-that would have been 4 June-that all outstanding monies had been paid and that unconditional financing for the project was available. Mr Humphries' letter was issued on the basis of representations made to him by the developers at the time of the approval.

It should be noted that monies payable in connection with the approval, not including the payment of creditors, will not become due unless the lessee and the developer decide to proceed with the approval. In this context, the monies that are required to be paid include amounts due to the territory to complete a previously approved related development application for the consolidation of blocks 6 and 10 section 64 Lyneham, private contractors and businesses for works carried out on the site in preparation for the women's tennis competition held in January 2001, and private contractors and businesses for work undertaken in relation to the current development application.

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