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Legislative Assembly for the ACT: 1999 Week 8 Hansard (26 August) . . Page.. 2534 ..

MR HUMPHRIES (continuing):

course of that process. However, we had noted that some point back. We had reported that to the Assembly; that it was no longer a proposal with a high degree of environmental innovation about it, but nonetheless it still had some benefits from a community point of view. It was, of course, about creating accommodation around local shops that would give those local shops a customer base to make them sustainable into the future, and that is the whole point of the Government's policy on local shops - to give those local shops a new lease on life through the development of housing in a way which encourages their continued operation.

Those objectives were still being met by this development at the end of the day. The name of the organisation or person wanting the lease had changed, but the legal advice to the Government from the Government Solicitor was clear: That we were not only entitled to deal with Tokich Homes, to offer them a lease which would fulfil the Government's objectives in respect of the development of local shops, but, moreover, we were actually compelled to deal with them if we were going to offer a lease at all.

Ms Tucker: Was that the oral advice?

MR HUMPHRIES: That was the oral advice. We could not offer the lease to somebody else. If a company called Eco-Land registered in the name of, say, one of these parties had come forward, we would not have been able to offer them that lease because at that point we had clearly dealt with Tokich Homes Pty Ltd. That is what I am told. I was not involved personally in any of these dealings. I have not dealt, as far as I am aware, with any of the individuals involved in Tokich Homes or Eco-Land. I have met at least some of the Tokich brothers in the past, but not in respect of this particular proposal. I do not know whether I have met any of the other people involved in Eco-Land as it was then characterised.

Mr Deputy Speaker, that is the advice I have received; that there was legal advice to the effect that we should deal with Tokich Homes Pty Ltd and, moreover, that granting a lease would meet the Government's objectives.

Ms Tucker: Trading under what name?

MR HUMPHRIES: Tokich Homes? I do not know. Tokich Homes Pty Ltd. I do not know what they were trading as.

Ms Tucker: Nouvelle Homes or Eco-Land?

MR HUMPHRIES: I do not know what they were trading as, Ms Tucker. What they are trading as does not matter. What they were calling themselves is not important; it is what they actually were. The lease cannot be issued in the name of Tokich Homes trading as the Flying Fruit Circus. It is about what they actually are, their legal identity, and the legal identity was Tokich Homes Pty Ltd. So, a lease has now been granted to them. They have, in effect, paid market value for that - - -

Mr Corbell: Discounted.

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