❓ Hon Simon O'Brien asks about a potential class action against the Subiaco Redevelopment Authority over the China Green project. The Minister confirms awareness but downplays the threat, citing legal advice and the Authority's planning responsibilities.
AnsweredQoN 453Legislative Council
QuestionView source ↗
CHINA GREEN, SUBIACO
Can the minister advise the house — (1) Has the government been warned or otherwise made aware of a possible class action against the Subiaco Redevelopment Authority over the Subiaco China Green issue? (2) What is the government doing to ensure that expensive legal action is avoided? Hon ADELE FARINA
Can the minister advise the house — (1) Has the government been warned or otherwise made aware of a possible class action against the Subiaco Redevelopment Authority over the Subiaco China Green issue? (2) What is the government doing to ensure that expensive legal action is avoided? Hon ADELE FARINA
AnswerView source ↗
I thank the honourable member for some notice of the question. The minister has provided the following answer — (1) Yes. However, no legal submissions have been provided to suggest any validity to back up any threats of legal action. (2) The Subiaco Redevelopment Authority in its China Green draft master plan has made changes to its 2004 plan for the Australian Fine China site redevelopment to achieve higher standards of environmental sustainability and transit-oriented development, as aligned with the government policy Network City. The Subiaco Redevelopment Authority has sought legal advice on this issue and has received preliminary verbal advice that there is no basis for it to be held liable for undertaking changes to its plans, as it is a planning authority. Planning authorities have a statutory role and responsibility to review and revise planning schemes. There are no known precedents that would indicate that a class action of this nature would be successful.
(1) Has the government been warned or otherwise made aware of a possible class action against the Subiaco Redevelopment Authority over the Subiaco China Green issue? (2) What is the government doing to ensure that expensive legal action is avoided? Hon ADELE FARINA replied: I thank the honourable member for some notice of the question. The minister has provided the following answer — (1) Yes. However, no legal submissions have been provided to suggest any validity to back up any threats of legal action. (2) The Subiaco Redevelopment Authority in its China Green draft master plan has made changes to its 2004 plan for the Australian Fine China site redevelopment to achieve higher standards of environmental sustainability and transit-oriented development, as aligned with the government policy Network City. The Subiaco Redevelopment Authority has sought legal advice on this issue and has received preliminary verbal advice that there is no basis for it to be held liable for undertaking changes to its plans, as it is a planning authority. Planning authorities have a statutory role and responsibility to review and revise planning schemes. There are no known precedents that would indicate that a class action of this nature would be successful.
(2) What is the government doing to ensure that expensive legal action is avoided? Hon ADELE FARINA replied: I thank the honourable member for some notice of the question. The minister has provided the following answer — (1) Yes. However, no legal submissions have been provided to suggest any validity to back up any threats of legal action. (2) The Subiaco Redevelopment Authority in its China Green draft master plan has made changes to its 2004 plan for the Australian Fine China site redevelopment to achieve higher standards of environmental sustainability and transit-oriented development, as aligned with the government policy Network City. The Subiaco Redevelopment Authority has sought legal advice on this issue and has received preliminary verbal advice that there is no basis for it to be held liable for undertaking changes to its plans, as it is a planning authority. Planning authorities have a statutory role and responsibility to review and revise planning schemes. There are no known precedents that would indicate that a class action of this nature would be successful.
Hon ADELE FARINA replied: I thank the honourable member for some notice of the question. The minister has provided the following answer — (1) Yes. However, no legal submissions have been provided to suggest any validity to back up any threats of legal action. (2) The Subiaco Redevelopment Authority in its China Green draft master plan has made changes to its 2004 plan for the Australian Fine China site redevelopment to achieve higher standards of environmental sustainability and transit-oriented development, as aligned with the government policy Network City. The Subiaco Redevelopment Authority has sought legal advice on this issue and has received preliminary verbal advice that there is no basis for it to be held liable for undertaking changes to its plans, as it is a planning authority. Planning authorities have a statutory role and responsibility to review and revise planning schemes. There are no known precedents that would indicate that a class action of this nature would be successful.
I thank the honourable member for some notice of the question. The minister has provided the following answer — (1) Yes. However, no legal submissions have been provided to suggest any validity to back up any threats of legal action. (2) The Subiaco Redevelopment Authority in its China Green draft master plan has made changes to its 2004 plan for the Australian Fine China site redevelopment to achieve higher standards of environmental sustainability and transit-oriented development, as aligned with the government policy Network City. The Subiaco Redevelopment Authority has sought legal advice on this issue and has received preliminary verbal advice that there is no basis for it to be held liable for undertaking changes to its plans, as it is a planning authority. Planning authorities have a statutory role and responsibility to review and revise planning schemes. There are no known precedents that would indicate that a class action of this nature would be successful.
(1) Yes. However, no legal submissions have been provided to suggest any validity to back up any threats of legal action. (2) The Subiaco Redevelopment Authority in its China Green draft master plan has made changes to its 2004 plan for the Australian Fine China site redevelopment to achieve higher standards of environmental sustainability and transit-oriented development, as aligned with the government policy Network City. The Subiaco Redevelopment Authority has sought legal advice on this issue and has received preliminary verbal advice that there is no basis for it to be held liable for undertaking changes to its plans, as it is a planning authority. Planning authorities have a statutory role and responsibility to review and revise planning schemes. There are no known precedents that would indicate that a class action of this nature would be successful.
(2) The Subiaco Redevelopment Authority in its China Green draft master plan has made changes to its 2004 plan for the Australian Fine China site redevelopment to achieve higher standards of environmental sustainability and transit-oriented development, as aligned with the government policy Network City. The Subiaco Redevelopment Authority has sought legal advice on this issue and has received preliminary verbal advice that there is no basis for it to be held liable for undertaking changes to its plans, as it is a planning authority. Planning authorities have a statutory role and responsibility to review and revise planning schemes. There are no known precedents that would indicate that a class action of this nature would be successful.
(1) Has the government been warned or otherwise made aware of a possible class action against the Subiaco Redevelopment Authority over the Subiaco China Green issue? (2) What is the government doing to ensure that expensive legal action is avoided? Hon ADELE FARINA replied: I thank the honourable member for some notice of the question. The minister has provided the following answer — (1) Yes. However, no legal submissions have been provided to suggest any validity to back up any threats of legal action. (2) The Subiaco Redevelopment Authority in its China Green draft master plan has made changes to its 2004 plan for the Australian Fine China site redevelopment to achieve higher standards of environmental sustainability and transit-oriented development, as aligned with the government policy Network City. The Subiaco Redevelopment Authority has sought legal advice on this issue and has received preliminary verbal advice that there is no basis for it to be held liable for undertaking changes to its plans, as it is a planning authority. Planning authorities have a statutory role and responsibility to review and revise planning schemes. There are no known precedents that would indicate that a class action of this nature would be successful.
(2) What is the government doing to ensure that expensive legal action is avoided? Hon ADELE FARINA replied: I thank the honourable member for some notice of the question. The minister has provided the following answer — (1) Yes. However, no legal submissions have been provided to suggest any validity to back up any threats of legal action. (2) The Subiaco Redevelopment Authority in its China Green draft master plan has made changes to its 2004 plan for the Australian Fine China site redevelopment to achieve higher standards of environmental sustainability and transit-oriented development, as aligned with the government policy Network City. The Subiaco Redevelopment Authority has sought legal advice on this issue and has received preliminary verbal advice that there is no basis for it to be held liable for undertaking changes to its plans, as it is a planning authority. Planning authorities have a statutory role and responsibility to review and revise planning schemes. There are no known precedents that would indicate that a class action of this nature would be successful.
Hon ADELE FARINA replied: I thank the honourable member for some notice of the question. The minister has provided the following answer — (1) Yes. However, no legal submissions have been provided to suggest any validity to back up any threats of legal action. (2) The Subiaco Redevelopment Authority in its China Green draft master plan has made changes to its 2004 plan for the Australian Fine China site redevelopment to achieve higher standards of environmental sustainability and transit-oriented development, as aligned with the government policy Network City. The Subiaco Redevelopment Authority has sought legal advice on this issue and has received preliminary verbal advice that there is no basis for it to be held liable for undertaking changes to its plans, as it is a planning authority. Planning authorities have a statutory role and responsibility to review and revise planning schemes. There are no known precedents that would indicate that a class action of this nature would be successful.
I thank the honourable member for some notice of the question. The minister has provided the following answer — (1) Yes. However, no legal submissions have been provided to suggest any validity to back up any threats of legal action. (2) The Subiaco Redevelopment Authority in its China Green draft master plan has made changes to its 2004 plan for the Australian Fine China site redevelopment to achieve higher standards of environmental sustainability and transit-oriented development, as aligned with the government policy Network City. The Subiaco Redevelopment Authority has sought legal advice on this issue and has received preliminary verbal advice that there is no basis for it to be held liable for undertaking changes to its plans, as it is a planning authority. Planning authorities have a statutory role and responsibility to review and revise planning schemes. There are no known precedents that would indicate that a class action of this nature would be successful.
(1) Yes. However, no legal submissions have been provided to suggest any validity to back up any threats of legal action. (2) The Subiaco Redevelopment Authority in its China Green draft master plan has made changes to its 2004 plan for the Australian Fine China site redevelopment to achieve higher standards of environmental sustainability and transit-oriented development, as aligned with the government policy Network City. The Subiaco Redevelopment Authority has sought legal advice on this issue and has received preliminary verbal advice that there is no basis for it to be held liable for undertaking changes to its plans, as it is a planning authority. Planning authorities have a statutory role and responsibility to review and revise planning schemes. There are no known precedents that would indicate that a class action of this nature would be successful.
(2) The Subiaco Redevelopment Authority in its China Green draft master plan has made changes to its 2004 plan for the Australian Fine China site redevelopment to achieve higher standards of environmental sustainability and transit-oriented development, as aligned with the government policy Network City. The Subiaco Redevelopment Authority has sought legal advice on this issue and has received preliminary verbal advice that there is no basis for it to be held liable for undertaking changes to its plans, as it is a planning authority. Planning authorities have a statutory role and responsibility to review and revise planning schemes. There are no known precedents that would indicate that a class action of this nature would be successful.
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