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Legislative Assembly for the ACT: 1998 Week 2 Hansard (21 May) . . Page.. 489 ..

MR SMYTH (continuing):

The program is being suspended in 1998-99 pending the outcome of these further studies. As a result of those studies, we may continue with the way it is going now or we may look at alternative ways of dealing with energy management. It may be that the physical program will be replaced with an energy performance contract, which is an arrangement where a contractor guarantees a level of energy savings over a specific period of time for works carried out on the client's premises. As soon as these reviews and audits are carried out, we would be delighted to furnish you with more information about how the program is going.

MR CORBELL: Mr Speaker, my question is to the Chief Minister. In answer to a question last Tuesday from Mr Stanhope, the Chief Minister indicated in relation to the Kinlyside and Hillview exclusive deal with Mr Whitcombe:

The reason why exclusive negotiations were entered into with a single developer regarding a rural residential development near Hall is that the developer brought to us a letter of authority to negotiate on behalf of the Bolton family, the lessees of the Hillview property ... for, I think, nearly 150 years; so a right to negotiate on their behalf was a significant factor in decisions relating to the redevelopment of the area.

Chief Minister, under what Territory law did the Government accept that Mr Whitcombe had an exclusive right to negotiate?

MS CARNELL: Mr Speaker, if somebody comes to you with something that you believe is of value, the approach taken by the Government is that that would be or could be a reason to go into a joint venture with that person.

Mr Corbell: Under what Territory law?

MS CARNELL: There does not actually have to be a law for a joint venture.

Mr Corbell: Under what law does he have an exclusive claim on the land?

MS CARNELL: There does not have to be a law, Mr Speaker. Mr Speaker, what happened from there is important, and I have answered it a lot of times. The Government did not go into a joint venture because a number of issues needed to be clarified, such as the status of those leases and whether Mr Whitcombe was bringing something of value to the proposed joint venture. Mr Speaker, a number of things needed to be looked at - the environmental issues, the planning issues - - -

Opposition members interjected.

MR SPEAKER: Order! Stop it! The Chief Minister has the floor.

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