❓ Mr. Wyatt questions the Minister for State Development regarding legal advice sought before rejecting a proposal from Mineralogy Ltd, given conflicting information about the Minister's power to reject it. The Minister admits the initial rejection was not procedurally correct and relied on departmental advice.
AnsweredQoN 376Legislative Assembly
QuestionView source ↗
MINERALOGY LTD — COMMERCIAL ARBITRATION
376. Mr B.S. WYATT to the Minister for
State Development:
I have a supplementary question. In
light of the fact that the minister stated that the proposal was judged by the
Department of State Development to be manifestly inadequate and was rejected,
and that the Court of Appeal of the Supreme Court of Western Australia has held
that the minister has no power to reject the proposal, did he seek legal advice
before he rejected that proposal; and, if so, did that advice support the
rejection?
376. Mr B.S. WYATT to the Minister for
State Development:
I have a supplementary question. In
light of the fact that the minister stated that the proposal was judged by the
Department of State Development to be manifestly inadequate and was rejected,
and that the Court of Appeal of the Supreme Court of Western Australia has held
that the minister has no power to reject the proposal, did he seek legal advice
before he rejected that proposal; and, if so, did that advice support the
rejection?
AnswerView source ↗
It said that we could not reject it
outright; we had to assess it, evaluate it and then either accept or reject it.
I accept that; there is no argument about that. I acted on the advice of the
department, and I imagine it would have acted on State SolicitorXXX ###XXXs
advice.
outright; we had to assess it, evaluate it and then either accept or reject it.
I accept that; there is no argument about that. I acted on the advice of the
department, and I imagine it would have acted on State SolicitorXXX ###XXXs
advice.
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