❓ A parliamentary question probes the conditions surrounding the 1968 transfer of Wireless Hill Reserve to the Crown, focusing on land reservation in perpetuity and potential excision for other purposes. The government confirms the conditions and outlines the process for potential amendments.
AnsweredQoN 1201Legislative Council
QuestionView source ↗
With regard to Wireless Hill Reserve A28913, I ask - (1) Was it a condition of the transfer of title of this land from the control of then Overseas Telecommunications Commission to the Crown in December 1968 that the land be reserved in perpetuity for the benefit of the public; and, if so, was the transfer effected thereby for a concessional purchase price less than the true value of the land? (2) Does the Government have advice or an example of precedent to determine the meaning of “reserved in perpetuity” in this case; and, if so, what is the meaning of the term? (3) Do the conditions of the transfer of title permit the excision of a portion of the reserve for purposes other than those originally specified? (4) Given the circumstances of the acquisition of land in 1968, is the Government confident that the provisions of section 42 of the Land Administration Act 1997 are sufficient to lawfully excise the land from the reserve; and, if so, what is the legislative basis for that confidence? Hon KEN TRAVERS
AnswerView source ↗
I thank the member for some notice of this question, which clearly complies with all the standing orders. (1) Yes. (2) Yes. In some past reservations of crown land, the “A” classification was applied with the intent that the land would remain for the purpose originally proposed until Parliament determined otherwise. All past amendments to class A reserves have been tabled in the Parliament for agreement. (3) Yes, subject to the Department for Planning and Infrastructure’s seeking and obtaining commonwealth agreement. (4) Yes. Sections 42 and 43 of the Land Administration Act enable the proposal to be considered by Parliament and subject to approval.
(1) Was it a condition of the transfer of title of this land from the control of then Overseas Telecommunications Commission to the Crown in December 1968 that the land be reserved in perpetuity for the benefit of the public; and, if so, was the transfer effected thereby for a concessional purchase price less than the true value of the land? (2) Does the Government have advice or an example of precedent to determine the meaning of “reserved in perpetuity” in this case; and, if so, what is the meaning of the term? (3) Do the conditions of the transfer of title permit the excision of a portion of the reserve for purposes other than those originally specified? (4) Given the circumstances of the acquisition of land in 1968, is the Government confident that the provisions of section 42 of the Land Administration Act 1997 are sufficient to lawfully excise the land from the reserve; and, if so, what is the legislative basis for that confidence? Hon KEN TRAVERS replied: I thank the member for some notice of this question, which clearly complies with all the standing orders. (1) Yes. (2) Yes. In some past reservations of crown land, the “A” classification was applied with the intent that the land would remain for the purpose originally proposed until Parliament determined otherwise. All past amendments to class A reserves have been tabled in the Parliament for agreement. (3) Yes, subject to the Department for Planning and Infrastructure’s seeking and obtaining commonwealth agreement. (4) Yes. Sections 42 and 43 of the Land Administration Act enable the proposal to be considered by Parliament and subject to approval.
(2) Does the Government have advice or an example of precedent to determine the meaning of “reserved in perpetuity” in this case; and, if so, what is the meaning of the term? (3) Do the conditions of the transfer of title permit the excision of a portion of the reserve for purposes other than those originally specified? (4) Given the circumstances of the acquisition of land in 1968, is the Government confident that the provisions of section 42 of the Land Administration Act 1997 are sufficient to lawfully excise the land from the reserve; and, if so, what is the legislative basis for that confidence? Hon KEN TRAVERS replied: I thank the member for some notice of this question, which clearly complies with all the standing orders. (1) Yes. (2) Yes. In some past reservations of crown land, the “A” classification was applied with the intent that the land would remain for the purpose originally proposed until Parliament determined otherwise. All past amendments to class A reserves have been tabled in the Parliament for agreement. (3) Yes, subject to the Department for Planning and Infrastructure’s seeking and obtaining commonwealth agreement. (4) Yes. Sections 42 and 43 of the Land Administration Act enable the proposal to be considered by Parliament and subject to approval.
(3) Do the conditions of the transfer of title permit the excision of a portion of the reserve for purposes other than those originally specified? (4) Given the circumstances of the acquisition of land in 1968, is the Government confident that the provisions of section 42 of the Land Administration Act 1997 are sufficient to lawfully excise the land from the reserve; and, if so, what is the legislative basis for that confidence? Hon KEN TRAVERS replied: I thank the member for some notice of this question, which clearly complies with all the standing orders. (1) Yes. (2) Yes. In some past reservations of crown land, the “A” classification was applied with the intent that the land would remain for the purpose originally proposed until Parliament determined otherwise. All past amendments to class A reserves have been tabled in the Parliament for agreement. (3) Yes, subject to the Department for Planning and Infrastructure’s seeking and obtaining commonwealth agreement. (4) Yes. Sections 42 and 43 of the Land Administration Act enable the proposal to be considered by Parliament and subject to approval.
(4) Given the circumstances of the acquisition of land in 1968, is the Government confident that the provisions of section 42 of the Land Administration Act 1997 are sufficient to lawfully excise the land from the reserve; and, if so, what is the legislative basis for that confidence? Hon KEN TRAVERS replied: I thank the member for some notice of this question, which clearly complies with all the standing orders. (1) Yes. (2) Yes. In some past reservations of crown land, the “A” classification was applied with the intent that the land would remain for the purpose originally proposed until Parliament determined otherwise. All past amendments to class A reserves have been tabled in the Parliament for agreement. (3) Yes, subject to the Department for Planning and Infrastructure’s seeking and obtaining commonwealth agreement. (4) Yes. Sections 42 and 43 of the Land Administration Act enable the proposal to be considered by Parliament and subject to approval.
Hon KEN TRAVERS replied: I thank the member for some notice of this question, which clearly complies with all the standing orders. (1) Yes. (2) Yes. In some past reservations of crown land, the “A” classification was applied with the intent that the land would remain for the purpose originally proposed until Parliament determined otherwise. All past amendments to class A reserves have been tabled in the Parliament for agreement. (3) Yes, subject to the Department for Planning and Infrastructure’s seeking and obtaining commonwealth agreement. (4) Yes. Sections 42 and 43 of the Land Administration Act enable the proposal to be considered by Parliament and subject to approval.
I thank the member for some notice of this question, which clearly complies with all the standing orders. (1) Yes. (2) Yes. In some past reservations of crown land, the “A” classification was applied with the intent that the land would remain for the purpose originally proposed until Parliament determined otherwise. All past amendments to class A reserves have been tabled in the Parliament for agreement. (3) Yes, subject to the Department for Planning and Infrastructure’s seeking and obtaining commonwealth agreement. (4) Yes. Sections 42 and 43 of the Land Administration Act enable the proposal to be considered by Parliament and subject to approval.
(1) Yes. (2) Yes. In some past reservations of crown land, the “A” classification was applied with the intent that the land would remain for the purpose originally proposed until Parliament determined otherwise. All past amendments to class A reserves have been tabled in the Parliament for agreement. (3) Yes, subject to the Department for Planning and Infrastructure’s seeking and obtaining commonwealth agreement. (4) Yes. Sections 42 and 43 of the Land Administration Act enable the proposal to be considered by Parliament and subject to approval.
(2) Yes. In some past reservations of crown land, the “A” classification was applied with the intent that the land would remain for the purpose originally proposed until Parliament determined otherwise. All past amendments to class A reserves have been tabled in the Parliament for agreement. (3) Yes, subject to the Department for Planning and Infrastructure’s seeking and obtaining commonwealth agreement. (4) Yes. Sections 42 and 43 of the Land Administration Act enable the proposal to be considered by Parliament and subject to approval.
(3) Yes, subject to the Department for Planning and Infrastructure’s seeking and obtaining commonwealth agreement. (4) Yes. Sections 42 and 43 of the Land Administration Act enable the proposal to be considered by Parliament and subject to approval.
(4) Yes. Sections 42 and 43 of the Land Administration Act enable the proposal to be considered by Parliament and subject to approval.
(1) Was it a condition of the transfer of title of this land from the control of then Overseas Telecommunications Commission to the Crown in December 1968 that the land be reserved in perpetuity for the benefit of the public; and, if so, was the transfer effected thereby for a concessional purchase price less than the true value of the land? (2) Does the Government have advice or an example of precedent to determine the meaning of “reserved in perpetuity” in this case; and, if so, what is the meaning of the term? (3) Do the conditions of the transfer of title permit the excision of a portion of the reserve for purposes other than those originally specified? (4) Given the circumstances of the acquisition of land in 1968, is the Government confident that the provisions of section 42 of the Land Administration Act 1997 are sufficient to lawfully excise the land from the reserve; and, if so, what is the legislative basis for that confidence? Hon KEN TRAVERS replied: I thank the member for some notice of this question, which clearly complies with all the standing orders. (1) Yes. (2) Yes. In some past reservations of crown land, the “A” classification was applied with the intent that the land would remain for the purpose originally proposed until Parliament determined otherwise. All past amendments to class A reserves have been tabled in the Parliament for agreement. (3) Yes, subject to the Department for Planning and Infrastructure’s seeking and obtaining commonwealth agreement. (4) Yes. Sections 42 and 43 of the Land Administration Act enable the proposal to be considered by Parliament and subject to approval.
(2) Does the Government have advice or an example of precedent to determine the meaning of “reserved in perpetuity” in this case; and, if so, what is the meaning of the term? (3) Do the conditions of the transfer of title permit the excision of a portion of the reserve for purposes other than those originally specified? (4) Given the circumstances of the acquisition of land in 1968, is the Government confident that the provisions of section 42 of the Land Administration Act 1997 are sufficient to lawfully excise the land from the reserve; and, if so, what is the legislative basis for that confidence? Hon KEN TRAVERS replied: I thank the member for some notice of this question, which clearly complies with all the standing orders. (1) Yes. (2) Yes. In some past reservations of crown land, the “A” classification was applied with the intent that the land would remain for the purpose originally proposed until Parliament determined otherwise. All past amendments to class A reserves have been tabled in the Parliament for agreement. (3) Yes, subject to the Department for Planning and Infrastructure’s seeking and obtaining commonwealth agreement. (4) Yes. Sections 42 and 43 of the Land Administration Act enable the proposal to be considered by Parliament and subject to approval.
(3) Do the conditions of the transfer of title permit the excision of a portion of the reserve for purposes other than those originally specified? (4) Given the circumstances of the acquisition of land in 1968, is the Government confident that the provisions of section 42 of the Land Administration Act 1997 are sufficient to lawfully excise the land from the reserve; and, if so, what is the legislative basis for that confidence? Hon KEN TRAVERS replied: I thank the member for some notice of this question, which clearly complies with all the standing orders. (1) Yes. (2) Yes. In some past reservations of crown land, the “A” classification was applied with the intent that the land would remain for the purpose originally proposed until Parliament determined otherwise. All past amendments to class A reserves have been tabled in the Parliament for agreement. (3) Yes, subject to the Department for Planning and Infrastructure’s seeking and obtaining commonwealth agreement. (4) Yes. Sections 42 and 43 of the Land Administration Act enable the proposal to be considered by Parliament and subject to approval.
(4) Given the circumstances of the acquisition of land in 1968, is the Government confident that the provisions of section 42 of the Land Administration Act 1997 are sufficient to lawfully excise the land from the reserve; and, if so, what is the legislative basis for that confidence? Hon KEN TRAVERS replied: I thank the member for some notice of this question, which clearly complies with all the standing orders. (1) Yes. (2) Yes. In some past reservations of crown land, the “A” classification was applied with the intent that the land would remain for the purpose originally proposed until Parliament determined otherwise. All past amendments to class A reserves have been tabled in the Parliament for agreement. (3) Yes, subject to the Department for Planning and Infrastructure’s seeking and obtaining commonwealth agreement. (4) Yes. Sections 42 and 43 of the Land Administration Act enable the proposal to be considered by Parliament and subject to approval.
Hon KEN TRAVERS replied: I thank the member for some notice of this question, which clearly complies with all the standing orders. (1) Yes. (2) Yes. In some past reservations of crown land, the “A” classification was applied with the intent that the land would remain for the purpose originally proposed until Parliament determined otherwise. All past amendments to class A reserves have been tabled in the Parliament for agreement. (3) Yes, subject to the Department for Planning and Infrastructure’s seeking and obtaining commonwealth agreement. (4) Yes. Sections 42 and 43 of the Land Administration Act enable the proposal to be considered by Parliament and subject to approval.
I thank the member for some notice of this question, which clearly complies with all the standing orders. (1) Yes. (2) Yes. In some past reservations of crown land, the “A” classification was applied with the intent that the land would remain for the purpose originally proposed until Parliament determined otherwise. All past amendments to class A reserves have been tabled in the Parliament for agreement. (3) Yes, subject to the Department for Planning and Infrastructure’s seeking and obtaining commonwealth agreement. (4) Yes. Sections 42 and 43 of the Land Administration Act enable the proposal to be considered by Parliament and subject to approval.
(1) Yes. (2) Yes. In some past reservations of crown land, the “A” classification was applied with the intent that the land would remain for the purpose originally proposed until Parliament determined otherwise. All past amendments to class A reserves have been tabled in the Parliament for agreement. (3) Yes, subject to the Department for Planning and Infrastructure’s seeking and obtaining commonwealth agreement. (4) Yes. Sections 42 and 43 of the Land Administration Act enable the proposal to be considered by Parliament and subject to approval.
(2) Yes. In some past reservations of crown land, the “A” classification was applied with the intent that the land would remain for the purpose originally proposed until Parliament determined otherwise. All past amendments to class A reserves have been tabled in the Parliament for agreement. (3) Yes, subject to the Department for Planning and Infrastructure’s seeking and obtaining commonwealth agreement. (4) Yes. Sections 42 and 43 of the Land Administration Act enable the proposal to be considered by Parliament and subject to approval.
(3) Yes, subject to the Department for Planning and Infrastructure’s seeking and obtaining commonwealth agreement. (4) Yes. Sections 42 and 43 of the Land Administration Act enable the proposal to be considered by Parliament and subject to approval.
(4) Yes. Sections 42 and 43 of the Land Administration Act enable the proposal to be considered by Parliament and subject to approval.
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