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Tue, 07/12/2010 - 16:02
Date:  20 October, 2010

Extract from Hansard

847. Hon ALISON XAMON to the minister representing the Minister for Planning:

I refer to the proposed development of Brigadoon stage 3 by the developer Peet, and Peet’s request that the number of conditions of the approval for the development be reconsidered.

(1) Which conditions are Peet requesting be reconsidered?

(2) Should those conditions be reconsidered, will there be further community consultation about any changes to the conditions of approval?

Hon PETER COLLIER replied:

On behalf of the Minister for Child Protection, I thank the honourable member for some notice of this question.

(1)–(2) The response is two pages in duration, so I seek leave to table it and have it incorporated in Hansard.

Leave granted. [See paper 2746.]

The following material was incorporated —

I thank the Hon. Member for some notice of this question.

1. As per conditional approval (WAPC Ref:137383) granted on 17 March 2010, Peet has requested that the following Conditions be reconsidered:

Condition 2: The boundaries of proposed Lots 102-103, 133-135 and 143 are to be amended to ensure that the creekline and appurtenant buffer are contained within two lots (proposed Lots 102 and 133) in consultation with and to the satisfaction of the Western Australian Planning Commission (WAPC).

Condition 4: All road batters are to be wholly contained within the road reserves. (Local Government)

Condition 5: Road - Corner Truncation (Local Government). Street corners within the subdivision are to be truncated to the standard truncation of 14 metres. (Local Government)

Condition 6: Road upgrading and construction Arrangements being made with the local government for the upgrading and/or construction and drainage of Campersic Road. The extent of upgrading works is limited to those items of upgrading identified in the Brigadoon Structure Plan - Road Safety Audit Report for Campersic Road that are directly necessitated by the proposed subdivision. (Local Government)

Condition 10: The areas of subject Lots 1010 and 1022 Campersic Road which are reserved for Parks and Recreation under the Metropolitan Region Scheme, and Lot 1055 Campersic Road, are to be ceded free of cost to the Crown for Regional Parks and Recreation purposes on the first deposited plan.

Condition 12: The plan of subdivision is to be modified over the proposed 8843m2 lot to depict a 7000m2 public purpose - community purpose lot, such lot being shown on the Deposited Plan as a “Public Purpose - Community Purpose Site” and vested in the Crown under Section 152 of the Planning and Development Act 2005, such land to be ceded free of cost and without any payment of compensation by the Crown.

Condition 13: A 1843m2 lot, being the balance of the 8843m2 public open space lot (following excision of 7000m2 lot identified in

Condition 12 as a public purpose - community purpose site) being shown on the Deposited Plan as a “Reserve for Recreation” and vested in the Crown under Section 152 of the Planning and Development Act 2005, such land to be ceded free of cost and without any payment of compensation by the Crown.

Condition 28: Measures are to be taken to ensure identification and protection of any vegetation which is not otherwise required to be cleared for roads/access and the implementation of the approved fire and vegetation management plan by the City of Swan, prior to the commencement of site works. (Local Government)

Condition 29: Fire and Revegetation Management Plan is to be prepared and approved on the advice of the Fire and Emergency Services Authority. (City of Swan).

Condition 30: The ‘developer requirements’ identified in Fire and Revegetation Management Plan is to be implemented. This shall include, but is not limited to, the construction of the designated public road connection between the northern portion of the subdivision and O’Brien Road and the identified strategic firebreaks. (Local Govermnent)

Condition 31: Restrictive Covenant - Building envelope (129BA TLA) A Restrictive Covenant, pursuant to section 129BA of the Transfer of Land Act 1893 (as amended) is to be placed on the Certificates of Title of the proposed lot(s) advising that dwellings are required to be constructed to a minimum standard to achieve compliance with Australian Standard AS 3959 which sets out construction requirements consistent with an approved Fire and Rehabilitation Management Plan.

Condition 33: Notification - Generic (70A TLA) Notification in the form of a section 70A notification, pursuant to the Transfer of Lands Act 1893 (as amended) is to be placed on the Certificates of Title of the proposed lot(s) advising that the lot is affected by the City of Swan Brigadoon Structure Plan. This Structure Plan requires that all dwellings to be connected to an Aerobic Treatment Unit, is subject to the requirements of a Fire and Rehabilitation Management Plan and requires building envelopes for each lot to be nominated on a site plan and Building Licence stage with all buildings and alternative treatment units being contained within the approved building envelope. The requirements pertaining to the Brigadoon Structure Plan and use and management of the land are available from the City of Swan.

2. There are no provisions under the Planning and Development Act 2005 requiring the Department of Planning / WAPC to undertake community consultation as part of the reconsideration process.


2. Hon KATE DOUST to the Minister for Energy:

I refer to bonus payments made to the executive boards of the government’s energy utilities.

(1) Does the minister have the ability to reduce the quantum paid to executives and board members?

(2) Is the minister aware if the power was ever exercised by any previous Ministers for Energy?

(3) Has the minister exercised this power since becoming Minister for Energy; and, if not, why not?

Hon PETER COLLIER replied:

I thank the honourable member for some notice of this question.

(1)–(3) Under the legislative framework established by the previous government, I have no role in approving remuneration arrangements for senior executives.

Hon Ljiljanna Ravlich: You signed off on it.

Hon PETER COLLIER: The board does with senior executives. Try to keep up!

Non-executive directors have fixed remuneration and are not paid bonuses. The only board member who is eligible to receive a bonus payment, consistent with the contractual framework approved by the previous government, is the chief executive officer. That is what I have control of. The board is required to seek my concurrence before fixing or altering the terms and conditions of service of the chief executive. I agree to the key performance indicators used to calculate the bonus with the boards on an annual basis. The resulting bonus payment is calculated at the end of the financial year based on achievement against agreed KPIs. For 2009–10, I significantly tightened KPIs to place a stronger emphasis on financial performance, cost reductions, customer service, and safety and reliability, as appropriate and relevant to each corporation. I also placed a freeze on salary increases for the chief executives in 2009.

Senator Scott Ludlam: Labor has it wrong on Beverley North uranium plan

Tue, 07/12/2010 - 11:44

The Australian Greens have condemned the Government's decision to approve the plans of the US-owned company Heathgate to develop its Beverley North uranium project in South Australia.

Greens spokesperson on mining and nuclear affairs Senator Scott Ludlam said the plan to mine the uranium deposit north of Heathgate's existing Beverley mine would significantly extend the life of the troubled project.

Senator Rachel Siewert: Greens call for national redress scheme

Tue, 07/12/2010 - 09:53

The Australian Greens are recommending the development of a national standard for redress schemes for those adversely affected by past government policies and practices.

Senator Scott Ludlam: Human Rights - Indonesia - Detachment 88

Fri, 03/12/2010 - 17:15

Senator Ludlam asked:

Would the Australian government consider suspending support for Detachment 88 of the Indonesian Police? Could the Department provide a detailed breakdown of what exactly the Australian Government does in aid, materiel, funds and direct training activities across all portfolios in support of this unit in particular?


Please refer to question number 62 directed to the Australian Federal Police by the Senate Standing Committee on Legal and Constitutional Affairs.

Question 11
Topic: ‘Detachment 88'
Hansard page 59

Senator Scott Ludlam: Human Rights - Indonesia, Maluku and Detachment 88

Fri, 03/12/2010 - 17:10

Senator Ludlam asked:

Does Australia have a view on the 70 political activists who were imprisoned in Maluku, Ambon, Indonesia, since 2007, and have we made representations at any level on the incarceration of these pro-democracy activists? What are the specific dates and times of these representations?


Embassy officials in Jakarta engage regularly on human rights issues with government and civil society representatives, including human rights groups.

On 28 May 2009, Embassy officials in Jakarta made representations to the Indonesian Department of Foreign Affairs on the conviction of pro-separatist flag-raisers in Maluku and the Papuan Provinces.

On 5 November 2010, Embassy officials made further representations to the Indonesian Department of Foreign Affairs on the conviction of the flag-raisers in 2007 and the alleged serious misconduct by members of Detachment 88 in Maluku in 2010. Officials have also raised concerns about the Ambon cases during broader discussions with relevant Indonesian authorities.

Senator Scott Ludlam: China - Human Rights cases discussed with Chinese Government

Fri, 03/12/2010 - 17:04

Senator Ludlam asked:

Could the Department provide the list of individual human rights cases discussed with the Chinese Government at the human rights dialogue session in March 2010?

1. Lobsang Gyaltsen
2. Loyak
3. Tenzin Phuntsok
4. Kangtsuk
5. Penkyi
6. Dhondup Wangchen
7. Wangdue
8. Gao Zhisheng
9. Liu Xiaobo
10. Zhao Shiying (also known as Zhao Dadong)
11. Sun Xiaodi

Senator Scott Ludlam: ANSTO Buffer Zone and exclusion of food growing

Fri, 03/12/2010 - 16:53

Senator Ludlam asked:

I asked you a question around the three-mile exclusion zone that we used to have in place in which food growing was prohibited.

a)  Can you give us any background at all as to why that decision was made and whether the facility somehow became safer in the 1980s or whether the initial exclusion zone was an over reaction?

b)  Can you step us back through that decision making? Just the reasoning behind having the buffer zone, why one mile is appropriate and why three miles; you get the picture.


Senator Scott Ludlam: War Criminals - Progress on closing the immunity gap

Fri, 03/12/2010 - 15:57

Senator Ludlam asked the following question at the hearing on 18 October 2010:

a) Is the 2007 election commitment to close the immunity gap for suspected war criminals still a priority of the government?

b) What steps have been made since November 2007?

The answer to the honourable senator's question is as follows:

Senator Scott Ludlam: War crimes - AFP specialised investigation expertise

Fri, 03/12/2010 - 15:54

Senator Ludlam asked the following question at the hearing on 18 October 2010:
How many people have specialised expertise in investigation of war crimes?

The answer to the honourable senator's question is as follows:

Five Australian Federal Police (AFP) members have attended a ‘war crimes' investigators training course held by the Institute for International Criminal Investigations based in the Netherlands. These five AFP members have also had experience working within the International Criminal Tribunal for the Former Yugoslavia located in The Hague, the Netherlands, for periods between twelve months and five years. The investigators present briefings to other AFP members on a number of internal training courses and are readily available to provide subject matter guidance within the AFP.