Page 109 - Week 01 - Wednesday, 14 February 2018
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declarations or certificates under section 21. There are no stringent legislative reporting or oversight conditions for these types of acquisitions in the current legislation. This must change.
It is important to note that this bill does not impede the government’s ability to purchase land using any of the aforementioned methods. This bill is not unreasonable or onerous. This bill simply requires public reporting of the due diligence that should be undertaken prior to any acquisition being made.
While the most substantive part of the bill is the creation of quarterly reports, the bill also makes other minor amendments. Clause 4 amends section 19 to insert two notes referencing relevant sections regarding declarations that land is suitable for acquisition. Clause 5 proposes a change to the number of sitting days the executive has to provide a statement regarding an acquisition entered into by agreement. The current legislation allows the executive 15 sitting days to present a statement. However, with the sitting calendar, this process may be drawn out for many months. The bill proposes a reasonable six sitting days time frame for a statement to be given regarding an acquisition by agreement.
The most significant element of the bill is clause 6. This clause creates part 9B and section 104AE that set out the requirements for the quarterly reports to be laid before the Assembly and the relevant committee. Section 104AE(1) outlines the contents of the quarterly report the minister must present to the Assembly. This report must be submitted within six sitting days after the end of a quarter during which a reportable acquisition is made.
The quarterly report given to the Assembly must set out the interest in the land that was acquired, including the identification of the land and the seller, if it was acquired from a corporation or other body. If the land was acquired for public housing, only the suburb of the acquisition is required. The executive or public sector body that undertook this acquisition must be identified, along with the method of acquisition. The compensation paid for the interest in the land, in addition to any other amount paid in relation to the acquisition, such as consultant fees or commissions, must also be included in the report.
Information considered by the acquirer of the land in relation to determining the compensation and other amounts paid must be published. This will include variations and valuations. The report must also outline how value for money was pursued in accordance with the Government Procurement Act 2001, and particularly section 22A of that act. Further information on evaluation and planning for the site, including the reason for the acquisition, must be included, along with how the acquisition meets the requirements of the Planning and Development Act 2007.
If the acquirer is a territory authority, the report must set out how the acquisition upholds the statement of intent under the Financial Management Act 1996 for the territory authority. If the acquirer is the City Renewal Authority, the report must detail how the acquisition complies with directions made under the City Renewal Authority and Suburban Land Agency Act 2017, the objects and functions of the authority, the statement of expectations and the statement of operational intent. Alternatively, if the
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