Page 338 - Week 02 - Tuesday, 20 February 1990
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those concerned cannot agree amongst themselves, as has happened in New South Wales, we will consider that the problem still exists and the Government must take the hard decisions. The answer in this case rests with all players in this important industry. It is time for them to stop, take stock and get on with the job of creating a much fairer, more cooperative environment in which to operate.
Mr Speaker, although I am sympathetic to many of the difficulties experienced by commercial tenants in Canberra, I believe the tenants need to be well aware of business realities and must accept that the owner of a building has a right of ownership of that property and a right to make a fair profit for the owner or the shareholders as well as a legitimate right to conduct a business. It is the way in which some landlords have conducted their businesses that has caused some of the problems identified by the Residents Rally prior to the publication of this report and acknowledged in the report. However, withdrawal to the trenches will not solve the difficulties.
The recommendations in this report provide an attempt to solve a major problem and help improve the relationship between landlords and tenants. Where there is a will there is a way, so let the work begin. The Government does not want to have to start knocking heads together, and I certainly do not want to be involved in that if it is not absolutely necessary.
By now members who have read the report will have realised that I was not in full agreement with my colleagues on all aspects of it. I decided that it would be unhelpful to submit a dissenting report, especially as I had assisted in its preparation and support its general thrust and content. However, I felt that it was necessary to make some additional comments on some of the aspects of the report in which I considered it was not strong enough, or in relation to which I was unable to convince my colleagues that a different conclusion could be reached from the evidence and submissions that we received. Notwithstanding this, I am not convinced that prescriptive legislation would necessarily solve the problems either.
It is my view that we should provide one last opportunity for both sides to establish a working relationship which, quite frankly, should be in the interests of both parties. We should never forget that without people who are prepared to put up the capital to build and manage shopping centres there would be limited opportunities for retail tenants. Conversely, the owners and managers must never forget that without the small tenants their centres would not have the diversity of selling outlets that backs up the main operators and gives the centres their character.
Let me now come to those areas in relation to which I felt it necessary to make these additional comments. The landlord and tenant relationship is important, as I have already indicated. However, there are times when it is
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