❓ A parliamentary question regarding land clearing restrictions imposed on B.J. and S.L. Burns' freehold land due to salinity concerns, and the lack of compensation for these restrictions. The Minister confirms the restrictions and explains why compensation isn't provided under the relevant Act, noting that alternative grants were offered and declined.
AnsweredQoN 263Legislative Council
QuestionView source ↗
(1) Has the Government had dealings with B.J. and S.L. Burns of Albany in respect of the use of approximately 6 000 acres of freehold land owned by Burns? (2) If so, what is the description of the land and what is the nature of the restrictions imposed on the use of the land? (3) Is any compensation payable for this restrictive usage; and if not, why not? Hon KIM CHANCE
AnswerView source ↗
I thank Hon George Cash for some notice of this question. (1) Yes. (2) Mr Burns owns land in the Shire of Jerramungup and in the Shire of Lake Grace. The Jerramungup property is located on a sand plain containing yellow to white sand and clay and a minor laterite outcrop. The Lake Grace property is described as being located on an ancient drainage flat, with shallow bedrock and surrounded by laterite and alluvium. The Commissioner of Soil and Land Conservation issued soil conservation notices to Mr Burns on both properties, as he was of the opinion that his notified land clearing was liable to cause salinity. Mr Burns subsequently appealed the commissioner’s decision to object to clearing on both properties. The outcome of those appeals was that my predecessor Monty House, the then Minister for Primary Industry, confirmed the soil conservation notices; therefore, the soil conservation notices that prevent further clearing on the properties remain in force. Mr Burns has since proposed an alternative development approach for Kent location 1664. It is presently the subject of a further soil conservation notice appeal. Mr Burns is obliged to comply with the soil conservation notice while the matter is subject to deliberations by me. (3) No. The Soil and Land Conservation Act 1945 does not make provision for compensation when land clearing is prevented under a soil conservation notice. Mr Burns received several offers of a cash grant that reflected the value of the bushland under the natural resource adjustment scheme. Mr Burns declined to accept these offers.
(2) If so, what is the description of the land and what is the nature of the restrictions imposed on the use of the land? (3) Is any compensation payable for this restrictive usage; and if not, why not? Hon KIM CHANCE replied: I thank Hon George Cash for some notice of this question. (1) Yes. (2) Mr Burns owns land in the Shire of Jerramungup and in the Shire of Lake Grace. The Jerramungup property is located on a sand plain containing yellow to white sand and clay and a minor laterite outcrop. The Lake Grace property is described as being located on an ancient drainage flat, with shallow bedrock and surrounded by laterite and alluvium. The Commissioner of Soil and Land Conservation issued soil conservation notices to Mr Burns on both properties, as he was of the opinion that his notified land clearing was liable to cause salinity. Mr Burns subsequently appealed the commissioner’s decision to object to clearing on both properties. The outcome of those appeals was that my predecessor Monty House, the then Minister for Primary Industry, confirmed the soil conservation notices; therefore, the soil conservation notices that prevent further clearing on the properties remain in force. Mr Burns has since proposed an alternative development approach for Kent location 1664. It is presently the subject of a further soil conservation notice appeal. Mr Burns is obliged to comply with the soil conservation notice while the matter is subject to deliberations by me. (3) No. The Soil and Land Conservation Act 1945 does not make provision for compensation when land clearing is prevented under a soil conservation notice. Mr Burns received several offers of a cash grant that reflected the value of the bushland under the natural resource adjustment scheme. Mr Burns declined to accept these offers.
(3) Is any compensation payable for this restrictive usage; and if not, why not? Hon KIM CHANCE replied: I thank Hon George Cash for some notice of this question. (1) Yes. (2) Mr Burns owns land in the Shire of Jerramungup and in the Shire of Lake Grace. The Jerramungup property is located on a sand plain containing yellow to white sand and clay and a minor laterite outcrop. The Lake Grace property is described as being located on an ancient drainage flat, with shallow bedrock and surrounded by laterite and alluvium. The Commissioner of Soil and Land Conservation issued soil conservation notices to Mr Burns on both properties, as he was of the opinion that his notified land clearing was liable to cause salinity. Mr Burns subsequently appealed the commissioner’s decision to object to clearing on both properties. The outcome of those appeals was that my predecessor Monty House, the then Minister for Primary Industry, confirmed the soil conservation notices; therefore, the soil conservation notices that prevent further clearing on the properties remain in force. Mr Burns has since proposed an alternative development approach for Kent location 1664. It is presently the subject of a further soil conservation notice appeal. Mr Burns is obliged to comply with the soil conservation notice while the matter is subject to deliberations by me. (3) No. The Soil and Land Conservation Act 1945 does not make provision for compensation when land clearing is prevented under a soil conservation notice. Mr Burns received several offers of a cash grant that reflected the value of the bushland under the natural resource adjustment scheme. Mr Burns declined to accept these offers.
Hon KIM CHANCE replied: I thank Hon George Cash for some notice of this question. (1) Yes. (2) Mr Burns owns land in the Shire of Jerramungup and in the Shire of Lake Grace. The Jerramungup property is located on a sand plain containing yellow to white sand and clay and a minor laterite outcrop. The Lake Grace property is described as being located on an ancient drainage flat, with shallow bedrock and surrounded by laterite and alluvium. The Commissioner of Soil and Land Conservation issued soil conservation notices to Mr Burns on both properties, as he was of the opinion that his notified land clearing was liable to cause salinity. Mr Burns subsequently appealed the commissioner’s decision to object to clearing on both properties. The outcome of those appeals was that my predecessor Monty House, the then Minister for Primary Industry, confirmed the soil conservation notices; therefore, the soil conservation notices that prevent further clearing on the properties remain in force. Mr Burns has since proposed an alternative development approach for Kent location 1664. It is presently the subject of a further soil conservation notice appeal. Mr Burns is obliged to comply with the soil conservation notice while the matter is subject to deliberations by me. (3) No. The Soil and Land Conservation Act 1945 does not make provision for compensation when land clearing is prevented under a soil conservation notice. Mr Burns received several offers of a cash grant that reflected the value of the bushland under the natural resource adjustment scheme. Mr Burns declined to accept these offers.
I thank Hon George Cash for some notice of this question. (1) Yes. (2) Mr Burns owns land in the Shire of Jerramungup and in the Shire of Lake Grace. The Jerramungup property is located on a sand plain containing yellow to white sand and clay and a minor laterite outcrop. The Lake Grace property is described as being located on an ancient drainage flat, with shallow bedrock and surrounded by laterite and alluvium. The Commissioner of Soil and Land Conservation issued soil conservation notices to Mr Burns on both properties, as he was of the opinion that his notified land clearing was liable to cause salinity. Mr Burns subsequently appealed the commissioner’s decision to object to clearing on both properties. The outcome of those appeals was that my predecessor Monty House, the then Minister for Primary Industry, confirmed the soil conservation notices; therefore, the soil conservation notices that prevent further clearing on the properties remain in force. Mr Burns has since proposed an alternative development approach for Kent location 1664. It is presently the subject of a further soil conservation notice appeal. Mr Burns is obliged to comply with the soil conservation notice while the matter is subject to deliberations by me. (3) No. The Soil and Land Conservation Act 1945 does not make provision for compensation when land clearing is prevented under a soil conservation notice. Mr Burns received several offers of a cash grant that reflected the value of the bushland under the natural resource adjustment scheme. Mr Burns declined to accept these offers.
(1) Yes. (2) Mr Burns owns land in the Shire of Jerramungup and in the Shire of Lake Grace. The Jerramungup property is located on a sand plain containing yellow to white sand and clay and a minor laterite outcrop. The Lake Grace property is described as being located on an ancient drainage flat, with shallow bedrock and surrounded by laterite and alluvium. The Commissioner of Soil and Land Conservation issued soil conservation notices to Mr Burns on both properties, as he was of the opinion that his notified land clearing was liable to cause salinity. Mr Burns subsequently appealed the commissioner’s decision to object to clearing on both properties. The outcome of those appeals was that my predecessor Monty House, the then Minister for Primary Industry, confirmed the soil conservation notices; therefore, the soil conservation notices that prevent further clearing on the properties remain in force. Mr Burns has since proposed an alternative development approach for Kent location 1664. It is presently the subject of a further soil conservation notice appeal. Mr Burns is obliged to comply with the soil conservation notice while the matter is subject to deliberations by me. (3) No. The Soil and Land Conservation Act 1945 does not make provision for compensation when land clearing is prevented under a soil conservation notice. Mr Burns received several offers of a cash grant that reflected the value of the bushland under the natural resource adjustment scheme. Mr Burns declined to accept these offers.
(2) Mr Burns owns land in the Shire of Jerramungup and in the Shire of Lake Grace. The Jerramungup property is located on a sand plain containing yellow to white sand and clay and a minor laterite outcrop. The Lake Grace property is described as being located on an ancient drainage flat, with shallow bedrock and surrounded by laterite and alluvium. The Commissioner of Soil and Land Conservation issued soil conservation notices to Mr Burns on both properties, as he was of the opinion that his notified land clearing was liable to cause salinity. Mr Burns subsequently appealed the commissioner’s decision to object to clearing on both properties. The outcome of those appeals was that my predecessor Monty House, the then Minister for Primary Industry, confirmed the soil conservation notices; therefore, the soil conservation notices that prevent further clearing on the properties remain in force. Mr Burns has since proposed an alternative development approach for Kent location 1664. It is presently the subject of a further soil conservation notice appeal. Mr Burns is obliged to comply with the soil conservation notice while the matter is subject to deliberations by me. (3) No. The Soil and Land Conservation Act 1945 does not make provision for compensation when land clearing is prevented under a soil conservation notice. Mr Burns received several offers of a cash grant that reflected the value of the bushland under the natural resource adjustment scheme. Mr Burns declined to accept these offers.
(3) No. The Soil and Land Conservation Act 1945 does not make provision for compensation when land clearing is prevented under a soil conservation notice. Mr Burns received several offers of a cash grant that reflected the value of the bushland under the natural resource adjustment scheme. Mr Burns declined to accept these offers.
(2) If so, what is the description of the land and what is the nature of the restrictions imposed on the use of the land? (3) Is any compensation payable for this restrictive usage; and if not, why not? Hon KIM CHANCE replied: I thank Hon George Cash for some notice of this question. (1) Yes. (2) Mr Burns owns land in the Shire of Jerramungup and in the Shire of Lake Grace. The Jerramungup property is located on a sand plain containing yellow to white sand and clay and a minor laterite outcrop. The Lake Grace property is described as being located on an ancient drainage flat, with shallow bedrock and surrounded by laterite and alluvium. The Commissioner of Soil and Land Conservation issued soil conservation notices to Mr Burns on both properties, as he was of the opinion that his notified land clearing was liable to cause salinity. Mr Burns subsequently appealed the commissioner’s decision to object to clearing on both properties. The outcome of those appeals was that my predecessor Monty House, the then Minister for Primary Industry, confirmed the soil conservation notices; therefore, the soil conservation notices that prevent further clearing on the properties remain in force. Mr Burns has since proposed an alternative development approach for Kent location 1664. It is presently the subject of a further soil conservation notice appeal. Mr Burns is obliged to comply with the soil conservation notice while the matter is subject to deliberations by me. (3) No. The Soil and Land Conservation Act 1945 does not make provision for compensation when land clearing is prevented under a soil conservation notice. Mr Burns received several offers of a cash grant that reflected the value of the bushland under the natural resource adjustment scheme. Mr Burns declined to accept these offers.
(3) Is any compensation payable for this restrictive usage; and if not, why not? Hon KIM CHANCE replied: I thank Hon George Cash for some notice of this question. (1) Yes. (2) Mr Burns owns land in the Shire of Jerramungup and in the Shire of Lake Grace. The Jerramungup property is located on a sand plain containing yellow to white sand and clay and a minor laterite outcrop. The Lake Grace property is described as being located on an ancient drainage flat, with shallow bedrock and surrounded by laterite and alluvium. The Commissioner of Soil and Land Conservation issued soil conservation notices to Mr Burns on both properties, as he was of the opinion that his notified land clearing was liable to cause salinity. Mr Burns subsequently appealed the commissioner’s decision to object to clearing on both properties. The outcome of those appeals was that my predecessor Monty House, the then Minister for Primary Industry, confirmed the soil conservation notices; therefore, the soil conservation notices that prevent further clearing on the properties remain in force. Mr Burns has since proposed an alternative development approach for Kent location 1664. It is presently the subject of a further soil conservation notice appeal. Mr Burns is obliged to comply with the soil conservation notice while the matter is subject to deliberations by me. (3) No. The Soil and Land Conservation Act 1945 does not make provision for compensation when land clearing is prevented under a soil conservation notice. Mr Burns received several offers of a cash grant that reflected the value of the bushland under the natural resource adjustment scheme. Mr Burns declined to accept these offers.
Hon KIM CHANCE replied: I thank Hon George Cash for some notice of this question. (1) Yes. (2) Mr Burns owns land in the Shire of Jerramungup and in the Shire of Lake Grace. The Jerramungup property is located on a sand plain containing yellow to white sand and clay and a minor laterite outcrop. The Lake Grace property is described as being located on an ancient drainage flat, with shallow bedrock and surrounded by laterite and alluvium. The Commissioner of Soil and Land Conservation issued soil conservation notices to Mr Burns on both properties, as he was of the opinion that his notified land clearing was liable to cause salinity. Mr Burns subsequently appealed the commissioner’s decision to object to clearing on both properties. The outcome of those appeals was that my predecessor Monty House, the then Minister for Primary Industry, confirmed the soil conservation notices; therefore, the soil conservation notices that prevent further clearing on the properties remain in force. Mr Burns has since proposed an alternative development approach for Kent location 1664. It is presently the subject of a further soil conservation notice appeal. Mr Burns is obliged to comply with the soil conservation notice while the matter is subject to deliberations by me. (3) No. The Soil and Land Conservation Act 1945 does not make provision for compensation when land clearing is prevented under a soil conservation notice. Mr Burns received several offers of a cash grant that reflected the value of the bushland under the natural resource adjustment scheme. Mr Burns declined to accept these offers.
I thank Hon George Cash for some notice of this question. (1) Yes. (2) Mr Burns owns land in the Shire of Jerramungup and in the Shire of Lake Grace. The Jerramungup property is located on a sand plain containing yellow to white sand and clay and a minor laterite outcrop. The Lake Grace property is described as being located on an ancient drainage flat, with shallow bedrock and surrounded by laterite and alluvium. The Commissioner of Soil and Land Conservation issued soil conservation notices to Mr Burns on both properties, as he was of the opinion that his notified land clearing was liable to cause salinity. Mr Burns subsequently appealed the commissioner’s decision to object to clearing on both properties. The outcome of those appeals was that my predecessor Monty House, the then Minister for Primary Industry, confirmed the soil conservation notices; therefore, the soil conservation notices that prevent further clearing on the properties remain in force. Mr Burns has since proposed an alternative development approach for Kent location 1664. It is presently the subject of a further soil conservation notice appeal. Mr Burns is obliged to comply with the soil conservation notice while the matter is subject to deliberations by me. (3) No. The Soil and Land Conservation Act 1945 does not make provision for compensation when land clearing is prevented under a soil conservation notice. Mr Burns received several offers of a cash grant that reflected the value of the bushland under the natural resource adjustment scheme. Mr Burns declined to accept these offers.
(1) Yes. (2) Mr Burns owns land in the Shire of Jerramungup and in the Shire of Lake Grace. The Jerramungup property is located on a sand plain containing yellow to white sand and clay and a minor laterite outcrop. The Lake Grace property is described as being located on an ancient drainage flat, with shallow bedrock and surrounded by laterite and alluvium. The Commissioner of Soil and Land Conservation issued soil conservation notices to Mr Burns on both properties, as he was of the opinion that his notified land clearing was liable to cause salinity. Mr Burns subsequently appealed the commissioner’s decision to object to clearing on both properties. The outcome of those appeals was that my predecessor Monty House, the then Minister for Primary Industry, confirmed the soil conservation notices; therefore, the soil conservation notices that prevent further clearing on the properties remain in force. Mr Burns has since proposed an alternative development approach for Kent location 1664. It is presently the subject of a further soil conservation notice appeal. Mr Burns is obliged to comply with the soil conservation notice while the matter is subject to deliberations by me. (3) No. The Soil and Land Conservation Act 1945 does not make provision for compensation when land clearing is prevented under a soil conservation notice. Mr Burns received several offers of a cash grant that reflected the value of the bushland under the natural resource adjustment scheme. Mr Burns declined to accept these offers.
(2) Mr Burns owns land in the Shire of Jerramungup and in the Shire of Lake Grace. The Jerramungup property is located on a sand plain containing yellow to white sand and clay and a minor laterite outcrop. The Lake Grace property is described as being located on an ancient drainage flat, with shallow bedrock and surrounded by laterite and alluvium. The Commissioner of Soil and Land Conservation issued soil conservation notices to Mr Burns on both properties, as he was of the opinion that his notified land clearing was liable to cause salinity. Mr Burns subsequently appealed the commissioner’s decision to object to clearing on both properties. The outcome of those appeals was that my predecessor Monty House, the then Minister for Primary Industry, confirmed the soil conservation notices; therefore, the soil conservation notices that prevent further clearing on the properties remain in force. Mr Burns has since proposed an alternative development approach for Kent location 1664. It is presently the subject of a further soil conservation notice appeal. Mr Burns is obliged to comply with the soil conservation notice while the matter is subject to deliberations by me. (3) No. The Soil and Land Conservation Act 1945 does not make provision for compensation when land clearing is prevented under a soil conservation notice. Mr Burns received several offers of a cash grant that reflected the value of the bushland under the natural resource adjustment scheme. Mr Burns declined to accept these offers.
(3) No. The Soil and Land Conservation Act 1945 does not make provision for compensation when land clearing is prevented under a soil conservation notice. Mr Burns received several offers of a cash grant that reflected the value of the bushland under the natural resource adjustment scheme. Mr Burns declined to accept these offers.
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