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Legislative Assembly for the ACT: 1997 Week 2 Hansard (26 February) . . Page.. 488 ..

MRS CARNELL (continuing):

(1) The Commonwealth shall indemnify the Territory, and keep the Territory indemnified, against any action, claim or demand brought or made against the Territory in respect of any act done or omitted to be done by or on behalf of the Commonwealth, being an action, claim or demand that, apart from this Act, could be brought or made against the Commonwealth.

(2) The indemnity extends to damages, expenses and costs arising from, connected with or consequential upon such an action, claim or demand.

What we are saying, Mr Speaker, is that the Commonwealth will indemnify the ACT against any contamination that has not been picked up on Commonwealth land that will now come across to the Territory. I understand that is exactly what the Assembly was after. Ms McRae, does that clarify it?

Ms McRae: Yes, thank you.

MRS CARNELL: I table section 51, for your interest. With regard to the hospice and the land around the hospice, as you would be aware, Acton Peninsula is Commonwealth land that has been available for ACT use, so it actually is not - - -

Mr Berry: It is ACT land.

MRS CARNELL: It is Commonwealth land designated for ACT use.

Mr Whitecross: It is ACT land.

MRS CARNELL: No, it is Commonwealth land designated for ACT use. As we have an agreement for the hospice to be used or to stay there only until 1999, it seemed significantly more sensible for the Commonwealth to take control over the whole block of land on the basis that they give an undertaking to keep the hospice on that land until the end of their lease and an undertaking to negotiate a new lease if that land is not required for the museum. I think that gave us everything that we particularly needed. There was absolutely nothing the ACT could do with that land on that site; so it seemed a much cleaner approach, because we got an immediate undertaking from the Commonwealth that they would respect the hospice's right to stay on that block of land until their lease terminates in 1999. I think it is also very useful to have an undertaking that, if the land is not needed at that time for the museum, the Commonwealth will look at negotiating a new lease.

With regard to timeframes and intricate knowledge of what might be in the Commonwealth's budget, Ms McRae would know very well that I have no capacity to pre-empt the Commonwealth budget. One of the important things in the agreement with the relevant Commonwealth Minister, Warwick Smith, is that they require the demolition to be completed by 31 December this year. The reason for that is that they are looking at starting work on the site at about that time, as I am told. Obviously, the plan is to stage the museum over a number of years.

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