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Legislative Assembly for the ACT: 1996 Week 14 Hansard (12 December) . . Page.. 4797 ..

MR MOORE (continuing):

The proposals I have seen again and again have been about redeveloping the oval so that the people involved would be able to have money in order to support their club and other club activities. To me, that is an inappropriate way to use a lease, and I am pleased that it has never occurred. For the area to be redeveloped to enhance the sporting use of the oval, with facilities that are tied to the oval so as to enhance its use, as designated, is a very positive thing. That is the outcome that I am looking for in terms of this Bill.

Mr Speaker, it seems to me that we should have other ways of going about this sort of legislation. We should have in place a general method of being able to deal with this, rather than being put in a situation where a specific dispute has to be settled in this way, by legislation. I was looking at a piece of legislation that went through the Queensland Parliament not so long ago and that did a similar sort of thing. At the time I remember thinking that it was unusual that a parliament would take a step of that kind. So I do this with reluctance, I must say, Mr Speaker, even more so because we have had the Bill for such a short time. To be fair to Mr Humphries, he indicated to me quite some time ago in a private meeting - I hope he does not mind my sharing this - that he felt there was no longer - - -

Ms McRae: He went public on it.

MR MOORE: Indeed. Ms McRae points out that he did go public on it. He said that he was considering that this was the only possible course of action left to him to resolve this dispute. Mr Speaker, it is now before the Assembly, and for those reasons I will be supporting the Bill in principle.

MR HUMPHRIES (Attorney-General and Minister for the Environment, Land and Planning) (11.47), in reply: In closing this debate, let me make a few things quite clear. First of all, I thank members of the Opposition and the crossbenches for, in a sense, their willingness to take the Government on trust on this approach. I have no illusions about how unusual this course of action is. It is highly exceptional for the Government to use a power conferred in legislation to specifically acquire a block of land in the Territory. I understand that this power has been exercised in similar circumstances in other jurisdictions for particular other sensitive pieces of land. As far as I am aware, this is the first time that it has ever been used in the ACT. It is certainly the first time that it has been used by the ACT since self-government. I concede readily that this is a highly exceptional course of action - one which I would not recommend as an everyday means of government achieving its purposes - but I believe it is important that we consider the use of this power at this time.

I am happy to explain, as Ms McRae has urged me to explain, in crystal clear terms, why it is that the Government proposes to take this course of action. Mr Speaker, it has been clear for some time that the dispute concerning the use of Northbourne Oval is not likely to be resolved in the immediate future, notwithstanding litigation which is presently before the Supreme Court and is due to be heard in the Supreme Court later this month. It is also clear to the Government that Northbourne Oval constitutes an extremely important community asset. I use the term "community asset", despite the fact that the land is leased, in acknowledgment of the fact that a large number of community sporting

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