Page 769 - Week 03 - Thursday, 21 May 1992

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(5) As a result of the AAA decision in 1985, rentals for nurseries in Pillage were assessed in 1987 on the basis of having an area of 2,000 sq.. For the 1991 review the Australian Valuation Office assessed valuations on the actual areas used for nursery activities.

(6) As noted in my response to parts (2) and (3), an offer was mask to reduce land rent if Mr Kerrigans lease was varied to allow 1,200 sqm. of nursery. A Certificate of Variation was forwarded for Mr Kerrigans signature; such a Certificate takes effect (ie. is executed) when it has been signed by the lessee and, on its return, by the Minister or his delegate.

Mr Kerrigan did not return the Certificate for execution until 30 months after the offer was made. In addition to the delay in returning the Certificate, Mr Kerrigan had unilaterally amended the nursery area to 2,000 sq..

As mentioned also in part (2),the Administrative Appeals Tribunal reduced Mr Kerrigans land rent as a result of his appeal against the 1983 rental assessment. The amount determined by the Tribunal was based on a nursery area of 2,000 sq.. Mr Kerrigan, by his own actions in varying and signing the Certificate, required a nursery area of 2,000 sq.m. That is what he paid rent for from 1983 as a result of the AZT Decision.

There is no question of backdating adjustments now because the appropriate adjustments occurred when the rental, as determined by the AAA, was implemented. The reduced rental offered for a nursery area of 1,200 sq.. never came into effect because no lease variations were ever effected to restrict the nursery to 1,200 sq..

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