Page 4175 - Week 13 - Thursday, 6 December 2007

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overhanging all boundaries of a leasehold, except overhanging a public boundary is not an indictable offence and does not satisfy the making of an order, (c) that the offences in schedule 5 items 5, 6 and 9 do not lawfully apply to the lessees of Block 45 Section 37 Waramanga and do not substantiate the making of an order under section 256 of the Land Act;

(11) Will the Minister confirm (a) a letter dated May 2006 written by ACTPLA officer, Karen Wilden, of the Land Regulation Unit to Margaret Hunter of the office of the Director of Public Prosecutions (DPP), requesting prosecution of a breach of the Land Act including brief of evidence re bamboo (vegetation) and including site photographs of Block 45 Section 37 Waramanga and (b) whether or not the matters of the alleged failure of the lessees to comply with the order and rectification notice re vegetation had been acted upon by the DPP; if so, what action had been taken by the DPP on that reference;

(12) Did the Minister receive an email from the lessees of Block 45 Section 37 Waramanga on 22 November 2007 requesting the relief of Government court costs as a result of the failure of ACTPLA to administer the order in the cause of fair justice; if so, will he answer the request of the lessees in a timely manner;

(13) Will the Minister confirm that Mr Robert Callaghan, a contractor/consultant to PALM investigating rural leases, made an application for an order under section 256 of the Land Act re block 45 section 37 Waramanga on 2 December 2002 at 1424 hours, as disclosed by FOI;

(14) Will the Minister confirm that on 2 December 2002 while Mr Robert Callaghan was on contract and was paid to work from 1400 hours to 1700 hours, someone at 1424 hours on behalf of PALM tendered $10.00 cash to the PALM cashier for paying the application fee for lodging an application form for an order No.20026313 signed by Mr Robert Callaghan, as disclosed by FOI;

(15) At the above time was Mr Robert Callaghan contractually barred from representing himself as an officer of PALM, as disclosed by FOI;

(16) Will the Minister confirm that on the application form for an order No.20026313 Mr Robert Callaghan, as if he was a person representing PALM, gave his address and telephone number as that of PALM, thereby contravening the agreement in his contract which contractually barred him from representing himself as an officer of PALM;

(17) Is the Minister able to confirm that the concerns held by Mr Robert Callaghan written in paragraph 5 of his application for an order re block 45 section 37 Waramanga, had not been derived from his personal knowledge of the block;

(18) Will the Minister provide any record of a personal site inspection and reports written by Mr Robert Callaghan in support of his claims and concerns as relating to paragraph 5 of his application form;

(19) Did Mr Robert Callaghan provide a witness statement and/or facts and contentions for the Administrative Appeals Tribunal (AAT) proceedings AT 03/05 in support of his application for an order;

(20) Is the Minister able to say whether the interworking relationship between Mr Carl Thompson and Mr Robert Callaghan on 2 December 2002 was that Mr Carl Thompson was the supervisor of Mr Robert Callaghan;


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