❓ A parliamentary question regarding roadworks near conservation reserves and compliance with the Land Administration Act. The Minister clarifies that no new road was created within the reserve, therefore the Act doesn't apply.
AnsweredQoN 685Legislative Council
QuestionView source ↗
I refer to the Department of Planning and Infrastructure (DPI) road building activities, between Omrah Road and Muirs Highway, in the Shire of Plantagenet, and ask -
(1) Can the Minister confirm that this roadwork was undertaken in Class A Timber Conservation Reserve Number 27183 and Class A Green Belt Reserve Number 27185?
(2) If yes to (1), can the Minister confirm that the procedure under section 42 of the
Land Administration Act 1997
was followed?
(3) If no to (2), will action be taken against the DPI for this breach?
(4) If yes to (3), what action will be taken?
(5) What actions will the Minister take to avoid future breaches?
(1) Can the Minister confirm that this roadwork was undertaken in Class A Timber Conservation Reserve Number 27183 and Class A Green Belt Reserve Number 27185?
(2) If yes to (1), can the Minister confirm that the procedure under section 42 of the
Land Administration Act 1997
was followed?
(3) If no to (2), will action be taken against the DPI for this breach?
(4) If yes to (3), what action will be taken?
(5) What actions will the Minister take to avoid future breaches?
AnswerView source ↗
Answered
3 June 2009
Responded by
Minister for Transport
Response time
29 days
(1) Main Roads WA has over the last six months undertaken reconstruction work on an approximately six kilometre section of Muirs Highway between the Mt Barker Northern Bypass and the Hay River Bridge.
Gravel for road construction purposes was sourced from a gravel pit, on private property, adjacent to the abovementioned reserves. Access to the gravel was gained via an existing fire access track through these reserves with the agreement of the Shire of Plantagenet and the Department of Environment and Conservation.
Main Roads did not create a road through this reserve. Main Roads, with agreement from the Shire of Plantagenet and the Department of Environment and Conservation, ensured that the existing fire access track was capable of being traversed by fire fighting equipment.
The Shire of Plantagenet and the Department of Environment and Conservation agreed to the scope and extent of fire access reinstatement works.
(2) Given that Main Roads did not create a road within the reserve, or seek to excise an area from the reserve for the purposes of creating a road, the requirements of Section 42 of the Land Administration Act 1997 are not applicable.
(3) No response required.
(4) No response required.
(5) There has been no breach of Section 42 of the Land Administration Act 1997.
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Gravel for road construction purposes was sourced from a gravel pit, on private property, adjacent to the abovementioned reserves. Access to the gravel was gained via an existing fire access track through these reserves with the agreement of the Shire of Plantagenet and the Department of Environment and Conservation.
Main Roads did not create a road through this reserve. Main Roads, with agreement from the Shire of Plantagenet and the Department of Environment and Conservation, ensured that the existing fire access track was capable of being traversed by fire fighting equipment.
The Shire of Plantagenet and the Department of Environment and Conservation agreed to the scope and extent of fire access reinstatement works.
(2) Given that Main Roads did not create a road within the reserve, or seek to excise an area from the reserve for the purposes of creating a road, the requirements of Section 42 of the Land Administration Act 1997 are not applicable.
(3) No response required.
(4) No response required.
(5) There has been no breach of Section 42 of the Land Administration Act 1997.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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