Page 4525 - Week 15 - Wednesday, 20 November 1991
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The fundamental error of Mr Kaine's submission was that he talked about due process. Due process knows not merit. It is the merit issue about this matter that has not been examined.
Mr Kaine also said that the Government had not looked at the heritage issue. Clearly, he found fault in the process, but he did not believe that the heritage issue justified his party supporting the overall disallowance motion moved by Mr Jensen. Well, he now has the choice. He had two bob each way a few minutes ago. I now move, Madam Temporary Deputy Speaker, my amendment to the motion moved by my colleague Mr Jensen. I move:
That the following words be added to the motion: "by so much of the draft variation to the Territory Plan as embraces the clubhouse and the original green as depicted on the sketch annexed hereto".
MADAM TEMPORARY DEPUTY SPEAKER: Do you wish to speak to the amendment?
MR COLLAERY: I do, indeed. Mr Kaine used the words, "We are not approving. We want the Government to relook at it". I was pleased that he said that, but it seemed very equivocal. Those of us who want to protect our marvellous city - I stress, our city; this is simply not an issue about Forrest residents and their own amenities - now have a chance at least to compromise on the issue and preserve the clubhouse and the original green, as suggested inferentially and quite clearly by Mr Kaine.
The next point made by Mr Kaine was this. He said, "We are also not approving the final plan; we are not approving how many buildings go on the block". Well, I hate to tell you the truth; but the fact is, as I have learnt in building challenges, and as Mr Kaine heard from Mr Ian Nash of counsel, a very competent administrative barrister in this town, in the committee hearings, that there is no right of review of design and siting approvals under the Buildings (Design and Siting) Act 1964. Mr Moore nods, as he well knows. That is the king-hit. The fact is that it is totally misleading to say, "We are not approving". If you do not support this in this Assembly, either in its original form or as proposed in the amendment, you will give a blank cheque to this Government, and you know the background to who is driving this Government. (Extension of time granted)
I am indebted to members. Mr Kaine hopes that there will be a compromise and that there will be a reduction in the number of townhouses on the block. The only certainty in this process is that there will be a reduction in Liberal votes in the Deakin, Forrest and adjoining booths. That is the only certainty that is going to come out of the Liberal decision today on this matter.
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