Legislative Council: Thursday, July 22, 2010

Contents

COMPULSORY ACQUISITIONS

The Hon. J.A. DARLEY (14:44): I seek leave to make a brief explanation before asking the Minister for Mineral Resources Development, representing the Minister for Transport, a question regarding compulsory acquisitions.

Leave granted.

The Hon. J.A. DARLEY: The Commissioner of Highways recently compulsorily acquired the land situated at Lot 201 South Road, Angle Park, for the purposes of developing the super highway at Regency Park. The site comprises approximately 8.6 hectares and the entire site was compulsorily acquired. I am told by the dispossessed owner that less than 0.2 of a hectare (or 2 per cent of the site) is actually required for the proposed super highway and this land is going to be used for landscaping purposes only. The owner was prepared to lease additional land to the department during the construction period.

The dispossessed owner does not understand why the whole site was acquired when only a small portion of the land was necessary for a fairly trivial purpose as part of the super highway. Further to this, the dispossessed owner has expressed to me that he did not feel the department had given him enough time to consider the offer and to seek legal advice on the matter. My questions to the minister are:

1. Why was it necessary to acquire the entire 8.6 hectare site when the area required for the project was less than 0.2 of a hectare, or 2 per cent of the site, and the department could have leased additional land from the dispossessed owner during the development phase?

2. Why was surplus land able to be purchased for this development and not for the Anzac Highway/South Road underpass project?

3. What does the department intend to do with the surplus land not required for the super highway project?

4. Under what authority is the Commissioner of Highways able to compulsorily acquire such large tracts of land when only a very small portion of the land is required for an approved public purpose?

5. Is the minister able to advise whether this practice has occurred in other circumstances for other projects?

The Hon. P. HOLLOWAY (Minister for Mineral Resources Development, Minister for Urban Development and Planning, Minister for Industrial Relations, Minister Assisting the Premier in Public Sector Management) (14:45): I thank the honourable member for his question and will refer it to the Minister for Infrastructure and Minister for Transport in another place and bring back a reply. Obviously, it would be helpful if the honourable member could perhaps provide me or the appropriate minister's office with information in relation to the particular parcel of land in question. I will endeavour to get an answer for him.