A parliamentary question regarding a minister's request for odour buffers around waste treatment plants. The minister's response indicates a desire to protect the state from nuisance claims and maintain the status quo regarding property rights.

AnsweredQoN 759Legislative Council
Asked
24 September 2004
Portfolio
Government Enterprises

QuestionView source ↗

I refer to the report on page 13 of The West Australian of Thursday, 2 September 2004 in which the minister was quoted as having asked the Minister for the Environment to introduce an odour buffer around all the State’s waste treatment plants, including the Subiaco, Woodman Point and Beenyup plants. (1) Will the minister table a copy of his request to the Minister for the Environment; and, if not, why not? (2) What did the minister intend to be the consequences of this request, and how would his intentions impact on the property rights of affected landowners or occupiers? Hon NICK GRIFFITHS

AnswerView source ↗

I thank the honourable member for the question. (1) I will give consideration to tabling the document. However, I must first ensure that it is not a cabinet document. (2) The purpose behind the request was to safeguard the interests of the State, so that neither the State Government nor its agencies, in this case the Water Corporation, would be open to actions for nuisance. This would have no effect on the property rights of affected landowners or occupiers; it would merely maintain the status quo. It would prevent speculation.
(1) Will the minister table a copy of his request to the Minister for the Environment; and, if not, why not? (2) What did the minister intend to be the consequences of this request, and how would his intentions impact on the property rights of affected landowners or occupiers? Hon NICK GRIFFITHS replied: I thank the honourable member for the question. (1) I will give consideration to tabling the document. However, I must first ensure that it is not a cabinet document. (2) The purpose behind the request was to safeguard the interests of the State, so that neither the State Government nor its agencies, in this case the Water Corporation, would be open to actions for nuisance. This would have no effect on the property rights of affected landowners or occupiers; it would merely maintain the status quo. It would prevent speculation.
(2) What did the minister intend to be the consequences of this request, and how would his intentions impact on the property rights of affected landowners or occupiers? Hon NICK GRIFFITHS replied: I thank the honourable member for the question. (1) I will give consideration to tabling the document. However, I must first ensure that it is not a cabinet document. (2) The purpose behind the request was to safeguard the interests of the State, so that neither the State Government nor its agencies, in this case the Water Corporation, would be open to actions for nuisance. This would have no effect on the property rights of affected landowners or occupiers; it would merely maintain the status quo. It would prevent speculation.
Hon NICK GRIFFITHS replied: I thank the honourable member for the question. (1) I will give consideration to tabling the document. However, I must first ensure that it is not a cabinet document. (2) The purpose behind the request was to safeguard the interests of the State, so that neither the State Government nor its agencies, in this case the Water Corporation, would be open to actions for nuisance. This would have no effect on the property rights of affected landowners or occupiers; it would merely maintain the status quo. It would prevent speculation.
I thank the honourable member for the question. (1) I will give consideration to tabling the document. However, I must first ensure that it is not a cabinet document. (2) The purpose behind the request was to safeguard the interests of the State, so that neither the State Government nor its agencies, in this case the Water Corporation, would be open to actions for nuisance. This would have no effect on the property rights of affected landowners or occupiers; it would merely maintain the status quo. It would prevent speculation.
(1) I will give consideration to tabling the document. However, I must first ensure that it is not a cabinet document. (2) The purpose behind the request was to safeguard the interests of the State, so that neither the State Government nor its agencies, in this case the Water Corporation, would be open to actions for nuisance. This would have no effect on the property rights of affected landowners or occupiers; it would merely maintain the status quo. It would prevent speculation.
(2) The purpose behind the request was to safeguard the interests of the State, so that neither the State Government nor its agencies, in this case the Water Corporation, would be open to actions for nuisance. This would have no effect on the property rights of affected landowners or occupiers; it would merely maintain the status quo. It would prevent speculation.

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