A WA parliamentary question addresses concerns regarding Celliston Nominees Pty Ltd's lease on foreshore reserve land in Kununurra, questioning the fairness of a tender process and the lack of an alternative site. The Minister defends the tender process and cites legal requirements.

AnsweredQoN 204Legislative Council
Asked
18 March 2008
Portfolio
Water Resources

QuestionView source ↗

KUNUNURRA — FORESHORE RESERVE LEASE 41812
I refer the minister to his reply to question without notice 183 concerning foreshore reserve 41812 land in Kununurra. (1) Will the minister explain why Celliston Nominees Pty Ltd should be asked to tender for land on which it has already established its business? (2) As the company was given a three-year lease on the basis that the department will find a suitable alternative site, which has not occurred, why will the government not grant the company a longer term lease on grounds of fairness? (3) Is there a government or departmental policy that requires a tender process for any land where the term of the lease has expired? (4) What does the government expect to happen with the business at the end of April when the current lease term expires? Hon KIM CHANCE

AnswerView source ↗

I thank the Leader of the Opposition for providing some notice of this question. (1) As the initial lease was only ever a short-term arrangement and the general community has expressed interest in the land, a fair and open process is required to establish a longer term arrangement. (2) I refer to the answer to (1). The suitable long-term alternative for commercial boats is the development of a shire-operated commercial boat facility, which is currently progressing through its planning stages, with a site confirmed and feasibility studies completed; it is now awaiting funding. (3) Compliance with section 3.58 of the Local Government Act 1995 requires that any conversion to a long-term lease requires the vestees to lease the property by public auction, by public tender or via public notice with a call for public input. (4) A suitable licence and location for the ongoing operation of the business is currently being investigated by the co-vestees, who have agreed to an extension of the lease to allow for the transition.
(1) Will the minister explain why Celliston Nominees Pty Ltd should be asked to tender for land on which it has already established its business? (2) As the company was given a three-year lease on the basis that the department will find a suitable alternative site, which has not occurred, why will the government not grant the company a longer term lease on grounds of fairness? (3) Is there a government or departmental policy that requires a tender process for any land where the term of the lease has expired? (4) What does the government expect to happen with the business at the end of April when the current lease term expires? Hon KIM CHANCE replied: I thank the Leader of the Opposition for providing some notice of this question. (1) As the initial lease was only ever a short-term arrangement and the general community has expressed interest in the land, a fair and open process is required to establish a longer term arrangement. (2) I refer to the answer to (1). The suitable long-term alternative for commercial boats is the development of a shire-operated commercial boat facility, which is currently progressing through its planning stages, with a site confirmed and feasibility studies completed; it is now awaiting funding. (3) Compliance with section 3.58 of the Local Government Act 1995 requires that any conversion to a long-term lease requires the vestees to lease the property by public auction, by public tender or via public notice with a call for public input. (4) A suitable licence and location for the ongoing operation of the business is currently being investigated by the co-vestees, who have agreed to an extension of the lease to allow for the transition.
(2) As the company was given a three-year lease on the basis that the department will find a suitable alternative site, which has not occurred, why will the government not grant the company a longer term lease on grounds of fairness? (3) Is there a government or departmental policy that requires a tender process for any land where the term of the lease has expired? (4) What does the government expect to happen with the business at the end of April when the current lease term expires? Hon KIM CHANCE replied: I thank the Leader of the Opposition for providing some notice of this question. (1) As the initial lease was only ever a short-term arrangement and the general community has expressed interest in the land, a fair and open process is required to establish a longer term arrangement. (2) I refer to the answer to (1). The suitable long-term alternative for commercial boats is the development of a shire-operated commercial boat facility, which is currently progressing through its planning stages, with a site confirmed and feasibility studies completed; it is now awaiting funding. (3) Compliance with section 3.58 of the Local Government Act 1995 requires that any conversion to a long-term lease requires the vestees to lease the property by public auction, by public tender or via public notice with a call for public input. (4) A suitable licence and location for the ongoing operation of the business is currently being investigated by the co-vestees, who have agreed to an extension of the lease to allow for the transition.
(3) Is there a government or departmental policy that requires a tender process for any land where the term of the lease has expired? (4) What does the government expect to happen with the business at the end of April when the current lease term expires? Hon KIM CHANCE replied: I thank the Leader of the Opposition for providing some notice of this question. (1) As the initial lease was only ever a short-term arrangement and the general community has expressed interest in the land, a fair and open process is required to establish a longer term arrangement. (2) I refer to the answer to (1). The suitable long-term alternative for commercial boats is the development of a shire-operated commercial boat facility, which is currently progressing through its planning stages, with a site confirmed and feasibility studies completed; it is now awaiting funding. (3) Compliance with section 3.58 of the Local Government Act 1995 requires that any conversion to a long-term lease requires the vestees to lease the property by public auction, by public tender or via public notice with a call for public input. (4) A suitable licence and location for the ongoing operation of the business is currently being investigated by the co-vestees, who have agreed to an extension of the lease to allow for the transition.
(4) What does the government expect to happen with the business at the end of April when the current lease term expires? Hon KIM CHANCE replied: I thank the Leader of the Opposition for providing some notice of this question. (1) As the initial lease was only ever a short-term arrangement and the general community has expressed interest in the land, a fair and open process is required to establish a longer term arrangement. (2) I refer to the answer to (1). The suitable long-term alternative for commercial boats is the development of a shire-operated commercial boat facility, which is currently progressing through its planning stages, with a site confirmed and feasibility studies completed; it is now awaiting funding. (3) Compliance with section 3.58 of the Local Government Act 1995 requires that any conversion to a long-term lease requires the vestees to lease the property by public auction, by public tender or via public notice with a call for public input. (4) A suitable licence and location for the ongoing operation of the business is currently being investigated by the co-vestees, who have agreed to an extension of the lease to allow for the transition.
Hon KIM CHANCE replied: I thank the Leader of the Opposition for providing some notice of this question. (1) As the initial lease was only ever a short-term arrangement and the general community has expressed interest in the land, a fair and open process is required to establish a longer term arrangement. (2) I refer to the answer to (1). The suitable long-term alternative for commercial boats is the development of a shire-operated commercial boat facility, which is currently progressing through its planning stages, with a site confirmed and feasibility studies completed; it is now awaiting funding. (3) Compliance with section 3.58 of the Local Government Act 1995 requires that any conversion to a long-term lease requires the vestees to lease the property by public auction, by public tender or via public notice with a call for public input. (4) A suitable licence and location for the ongoing operation of the business is currently being investigated by the co-vestees, who have agreed to an extension of the lease to allow for the transition.
I thank the Leader of the Opposition for providing some notice of this question. (1) As the initial lease was only ever a short-term arrangement and the general community has expressed interest in the land, a fair and open process is required to establish a longer term arrangement. (2) I refer to the answer to (1). The suitable long-term alternative for commercial boats is the development of a shire-operated commercial boat facility, which is currently progressing through its planning stages, with a site confirmed and feasibility studies completed; it is now awaiting funding. (3) Compliance with section 3.58 of the Local Government Act 1995 requires that any conversion to a long-term lease requires the vestees to lease the property by public auction, by public tender or via public notice with a call for public input. (4) A suitable licence and location for the ongoing operation of the business is currently being investigated by the co-vestees, who have agreed to an extension of the lease to allow for the transition.
(1) As the initial lease was only ever a short-term arrangement and the general community has expressed interest in the land, a fair and open process is required to establish a longer term arrangement. (2) I refer to the answer to (1). The suitable long-term alternative for commercial boats is the development of a shire-operated commercial boat facility, which is currently progressing through its planning stages, with a site confirmed and feasibility studies completed; it is now awaiting funding. (3) Compliance with section 3.58 of the Local Government Act 1995 requires that any conversion to a long-term lease requires the vestees to lease the property by public auction, by public tender or via public notice with a call for public input. (4) A suitable licence and location for the ongoing operation of the business is currently being investigated by the co-vestees, who have agreed to an extension of the lease to allow for the transition.
(2) I refer to the answer to (1). The suitable long-term alternative for commercial boats is the development of a shire-operated commercial boat facility, which is currently progressing through its planning stages, with a site confirmed and feasibility studies completed; it is now awaiting funding. (3) Compliance with section 3.58 of the Local Government Act 1995 requires that any conversion to a long-term lease requires the vestees to lease the property by public auction, by public tender or via public notice with a call for public input. (4) A suitable licence and location for the ongoing operation of the business is currently being investigated by the co-vestees, who have agreed to an extension of the lease to allow for the transition.
(3) Compliance with section 3.58 of the Local Government Act 1995 requires that any conversion to a long-term lease requires the vestees to lease the property by public auction, by public tender or via public notice with a call for public input. (4) A suitable licence and location for the ongoing operation of the business is currently being investigated by the co-vestees, who have agreed to an extension of the lease to allow for the transition.
(4) A suitable licence and location for the ongoing operation of the business is currently being investigated by the co-vestees, who have agreed to an extension of the lease to allow for the transition.

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