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Tuesday, 23 March 1999
Page: 4136


Mr Stephen Smith asked the Minister for Finance and Administration, upon notice, on 3 December 1998:

(1) Did the Commonwealth in 1963 surrender to the State of Western Australia parcels of land comprising:

(a) portions of Swan Location 2039 and being (firstly) Lots 515 to 533, inclusive, 547, 578 to 582, inclusive, and part of Lot 534 on plan 2574 and (secondly) the portion numbered 577 on the map of Certificate of Title Volume 1056 Folio 756 being the whole of the land comprised in the said Certificate of Title Volume 1056 Folio 756;

(b) portions of Swan Location 2039 and being (firstly) Lots 509 on plan 2574 and (secondly) Lot 510 on plan 2610 (sheet 2) and being the whole of the land comprised in Certificate of Title Volume 1058 Folio 823;

(c) portion of Swan Location 2039 and being part of the land coloured blue and marked "Drain Reserve" on plan 2574 and being the whole of the land comprised in Certificate of Title Volume 1069 Folio 891;

(d) portions of Swan Location 2039 and being Lots 513 and 514 and part of the land coloured blue and marked "Drain Reserve" on plan 2574 and being the whole of the land comprised in Certificate of Title Volume 1060 Folio 8; and

(e) portion of Swan Location 2039 and being part of the land on plan 2574 and being the whole of the land comprised in Certificate of Title Volume 1064 Folio 265.

(2) If so:

(a) was it a condition of the surrender that the land be set aside for purposes of public open space and for police purposes, the condition to be varied only by agreement of the Commonwealth; and

(b) has the Commonwealth varied the condition with the State of Western Australia; if so, (i) when and (ii) why.


Mr Fahey (Finance and Administration) —The answer to the honourable member's question is as follows:

(1) The above land was transferred to the State of Western Australia for the sum of 21,905 pounds, by an Instrument of Transfer dated 21 July 1964.

(2) (a) The initial agreement, by exchange of letters, set out the condition `that the said land shall be set aside for all time for use as an "A" Class Reserve for public open space and police purposes'. The Instrument of Transfer is less emphatic and states that `the land was to be set aside for the purposes of public open space and for Police purposes'. Neither the exchange of correspondence nor the Instrument of Transfer requires Commonwealth agreement should the use of the land be varied.

(b) Yes.

(i) In October 1997 the Western Australian Government asked for the cooperation of the Commonwealth to waive the `perpetual reserve' condition over the Police Academy site that was included in the original exchange of letters. In July 1998 the Commonwealth agreed on condition that any rezoning/redevelopment proposal for the site will be subject to the normal processes of community consultation and environmental assessment, and the approval of all relevant authorities.

(ii) State Governments have statutory responsibilities for determining land use.