Page 2274 - Week 07 - Thursday, 16 June 1994
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3
RELATIONSHIP WITH THE COMMONWEALTH. IT SEEMS SENSIBLE TO
HAVE A LANDS ACQUISITION PROCESS IN PLACE IN THE TERRITORY
THAT IS CONSISTENT WITH THAT OF THE COMMONWEALTH.
HOWEVER, ASPECTS OF THE BILL HAVE BEEN CHANGED TO REFLECT THE
NEW SOUTH WALES LEGISLATION. FOR INSTANCE, IN NEW SOUTH WALES,
SOLATIUM IS SET AT $15,000. SOLATIUM IS INTENDED TO COMPENSATE
THE PROPERTY OWNER FOR THE HARDSHIP, INCONVENIENCE OR
UNSPECIFIED LOSS DUE TO THE ACQUISITION OF THE LAND. THE AMOUNT
IN THE EXPOSURE DRAFT OF THE BILL, $10,000, HAS BEEN AMENDED SO
THAT SOLATIUM IS SET AT $15,000 IN THE BILL I AM PRESENTING HERE.
SEVERAL SUBMISSIONS ALSO RAISED CONCERNS ABOUT THE POWER
BEING CONFERRED ON THE EXECUTIVE. THE ACQUISITION OF LAND,
ESPECIALLY WHEN IT IS DONE COMPULSORILY, IS AN EXTREME STEP TO
TAKE. THE BILL GOES INTO SOME DETAIL ABOUT THE PROTECTION OF
INTERESTS. PERSONS HAVE TO BE NOTIFIED ABOUT THE ACQUISITION
OF PROPERTY, COMPENSATION HAS TO BE OFFERED AND THERE ARE
APPEAL RIGHTS WHERE A PERSON IS DISSATISFIED WITH A DECISION. I
BELIEVE THE CONCERNS OVER THE POWER OF THE EXECUTIVE HAVE
BEEN PROPERLY ADDRESSED IN THE BILL
MADAM SPEAKER, THE LANDS ACQUISITION BILL IS DERIVED FROM A
NUMBER OF PRINCIPLES INCLUDING:
OPENNESS IN THE ACQUISITION OF LAND;
ACCOUNTABILITY OF DECISIONS TO ACQUIRE LAND;
STATUTORY COMPENSATION PROVISIONS; AND
COMPLETING THE PROCESS OF ACQUISITION EXPEDITIOUSLY.
RATHER THAN GIVE MEMBERS A DETAILED EXPLANATION OF THE BILL I
WOULD PREFER TO TALK IN GENERAL TERMS ABOUT THE LEGISLATION,
HOW IT REFLECTS THESE PRINCIPLES AND ADDRESS SOME PARTICULAR
ISSUES.
OPENNESS AND PUBLIC ACCOUNTABILITY IS MET IN PART BY THE
LEGISLATION SETTING OUT THE PROCEDURES TO BE FOLLOWED WHEN
ACQUIRING LAND UNDER THE LEGISLATION. OF COURSE, THE
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