Mr Fitzgibbon asked the Minister representing the Minister for Defence, upon notice, on 25 June 2003:

(1) In 1955, did the NSW Government transfer the land formerly known as Gan Gan Army Camp in the electoral division of Paterson to the Commonwealth; if so, what price was paid.

(2) Has the Commonwealth now sold the land; if so, (a) at what price, (b) to whom, and (c) has the real property title transaction reached settlement.

(3) Was there a tender process and what are the details including time-frame of that tender offer.

(4) Did Port Stephens Shire Council offer to purchase the land; if so, what was its intended purpose for the land.

Mrs Vale (Minister for Veterans' Affairs and Minister Assisting the Minister for Defence) —The Minister for Defence has provided the following answer to the honourable member's question:

(1) Advice from Defence's legal representative on this matter, Phillips Fox, is that the survey plan for Primary Application 40695 was dated August 1954, but the certificate of title, the Torrens title, was not issued until 14 May 1959. The title is clear that there are no restrictions or qualifications to disposal.

(2) Yes.

(a) The sale price is Commercial-In-Confidence until the title transfer has been registered.

(b) Details of the purchaser are currently Commercial-In-Confidence until the title transfer has been registered.

(c) Legal settlement took place on Friday 27 June 2003. The transfer has not yet been registered and this could take more than three months. Until registration occurs the details are not in the public domain.

(3) Yes. Advertising commenced on 29 March 2003. Various newspapers were utilised including the Newcastle Herald, The Post, and the Sydney Morning Herald. Tenders were originally scheduled to close on 3.00pm 19 May 2003, but this was subsequently extended until 2.00pm 30 May 2003.

(4) Yes. Port Stephens Council made an application for priority sale consideration on 18 January 2002. In the Council submission the reason for acquisition is quoted as “...for the enjoyment of the broader community...”. Council did not identify a proposed future use for the site. The Council submission had significant deficiencies and Council was requested to revise and resubmit their submission on 8 April 2002. Despite a number of requests to do so, Council did not revise or resubmit their priority sale submission and on 4 October 2002 Council were formally advised that their priority sale consideration was withdrawn and that the site would be sold on the open market.