Hon George Cash asks about compensation for native title interests related to the Kimberley gas processing hub. The Premier's representative provides a general response, indicating compensation will come from consolidated revenue and potentially be resolved under the Native Title Act or Land Administration Act if negotiation fails.

AnsweredQoN 42Legislative Council
Asked
12 November 2008
Portfolio
Leader of the House representing the Premier

QuestionView source ↗

KIMBERLEY GAS PROCESSING HUB — COMPENSATION OF NATIVE TITLE INTEREST 42. Hon GEORGE CASH to the Leader of the House representing the Premier: (1) Under the provisions of which act of Parliament will compensation be payable to the owners of the native title interest in any land acquired or resumed for the purposes of a gas processing hub in the Kimberley? (2) What are the elements that comprise the compensation for compulsory acquisition under the relevant act? (3) Which provisions under the relevant act provide for compensation for loss of special attachment where native title interests are compulsorily acquired? (4) Can the Premier advise the house of the criteria to be assessed in determining special attachment compensation? (5) Is the Premier aware of any court or tribunal decisions where such criteria were considered; and, if so, will he provide details of the decisions? Hon NORMAN MOORE

AnswerView source ↗

I thank the member for some notice of this question. (1)-(5) If compensation is to be paid for the acquisition of land for the purposes of a gas processing precinct in the Kimberley, it will be via consolidated revenue. It is hoped and intended that the acquisition of any selected site will be via negotiation. If negotiation is not successful, the issue will be resolved via either the Native Title Act or the Land Administration Act. If the member would like a more detailed response, I request that the question be placed on notice.
KIMBERLEY GAS PROCESSING HUB — COMPENSATION OF NATIVE TITLE INTEREST
(1) Under the provisions of which act of Parliament will compensation be payable to the owners of the native title interest in any land acquired or resumed for the purposes of a gas processing hub in the Kimberley? (2) What are the elements that comprise the compensation for compulsory acquisition under the relevant act? (3) Which provisions under the relevant act provide for compensation for loss of special attachment where native title interests are compulsorily acquired? (4) Can the Premier advise the house of the criteria to be assessed in determining special attachment compensation? (5) Is the Premier aware of any court or tribunal decisions where such criteria were considered; and, if so, will he provide details of the decisions? Hon NORMAN MOORE replied: I thank the member for some notice of this question. (1)-(5) If compensation is to be paid for the acquisition of land for the purposes of a gas processing precinct in the Kimberley, it will be via consolidated revenue. It is hoped and intended that the acquisition of any selected site will be via negotiation. If negotiation is not successful, the issue will be resolved via either the Native Title Act or the Land Administration Act. If the member would like a more detailed response, I request that the question be placed on notice.
(2) What are the elements that comprise the compensation for compulsory acquisition under the relevant act? (3) Which provisions under the relevant act provide for compensation for loss of special attachment where native title interests are compulsorily acquired? (4) Can the Premier advise the house of the criteria to be assessed in determining special attachment compensation? (5) Is the Premier aware of any court or tribunal decisions where such criteria were considered; and, if so, will he provide details of the decisions? Hon NORMAN MOORE replied: I thank the member for some notice of this question. (1)-(5) If compensation is to be paid for the acquisition of land for the purposes of a gas processing precinct in the Kimberley, it will be via consolidated revenue. It is hoped and intended that the acquisition of any selected site will be via negotiation. If negotiation is not successful, the issue will be resolved via either the Native Title Act or the Land Administration Act. If the member would like a more detailed response, I request that the question be placed on notice.
(3) Which provisions under the relevant act provide for compensation for loss of special attachment where native title interests are compulsorily acquired? (4) Can the Premier advise the house of the criteria to be assessed in determining special attachment compensation? (5) Is the Premier aware of any court or tribunal decisions where such criteria were considered; and, if so, will he provide details of the decisions? Hon NORMAN MOORE replied: I thank the member for some notice of this question. (1)-(5) If compensation is to be paid for the acquisition of land for the purposes of a gas processing precinct in the Kimberley, it will be via consolidated revenue. It is hoped and intended that the acquisition of any selected site will be via negotiation. If negotiation is not successful, the issue will be resolved via either the Native Title Act or the Land Administration Act. If the member would like a more detailed response, I request that the question be placed on notice.
(4) Can the Premier advise the house of the criteria to be assessed in determining special attachment compensation? (5) Is the Premier aware of any court or tribunal decisions where such criteria were considered; and, if so, will he provide details of the decisions? Hon NORMAN MOORE replied: I thank the member for some notice of this question. (1)-(5) If compensation is to be paid for the acquisition of land for the purposes of a gas processing precinct in the Kimberley, it will be via consolidated revenue. It is hoped and intended that the acquisition of any selected site will be via negotiation. If negotiation is not successful, the issue will be resolved via either the Native Title Act or the Land Administration Act. If the member would like a more detailed response, I request that the question be placed on notice.
(5) Is the Premier aware of any court or tribunal decisions where such criteria were considered; and, if so, will he provide details of the decisions? Hon NORMAN MOORE replied: I thank the member for some notice of this question. (1)-(5) If compensation is to be paid for the acquisition of land for the purposes of a gas processing precinct in the Kimberley, it will be via consolidated revenue. It is hoped and intended that the acquisition of any selected site will be via negotiation. If negotiation is not successful, the issue will be resolved via either the Native Title Act or the Land Administration Act. If the member would like a more detailed response, I request that the question be placed on notice.
Hon NORMAN MOORE replied: I thank the member for some notice of this question. (1)-(5) If compensation is to be paid for the acquisition of land for the purposes of a gas processing precinct in the Kimberley, it will be via consolidated revenue. It is hoped and intended that the acquisition of any selected site will be via negotiation. If negotiation is not successful, the issue will be resolved via either the Native Title Act or the Land Administration Act. If the member would like a more detailed response, I request that the question be placed on notice.
I thank the member for some notice of this question. (1)-(5) If compensation is to be paid for the acquisition of land for the purposes of a gas processing precinct in the Kimberley, it will be via consolidated revenue. It is hoped and intended that the acquisition of any selected site will be via negotiation. If negotiation is not successful, the issue will be resolved via either the Native Title Act or the Land Administration Act. If the member would like a more detailed response, I request that the question be placed on notice.
(1)-(5) If compensation is to be paid for the acquisition of land for the purposes of a gas processing precinct in the Kimberley, it will be via consolidated revenue. It is hoped and intended that the acquisition of any selected site will be via negotiation. If negotiation is not successful, the issue will be resolved via either the Native Title Act or the Land Administration Act. If the member would like a more detailed response, I request that the question be placed on notice.

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