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Notice given 24 January 2011

372  Senator Ludlam: To ask the Minister representing the Attorney-General ( transferred to the Minister representing the Minister for Regional Australia, Regional Development and Local Government on 31 January 2011 )—With reference to the sale of the former Christmas Island Resort Pty Ltd (the casino) by the Receiver and Liquidators to Soft Star Pty Ltd on 5 May 2000:

(1) What properties are currently owned by Asia Pacific Space Centre (APSC), Soft Star Pty Ltd or Mr David Kwon as a result of that sale.

(2) What leases or freehold titles apply to the properties identified in paragraph (1).

(3) Did initial discussions with APSC (APSC/Soft Star, Submission No. 13, p. 1420) support the excision of Linkwater Road and the water supply facilities from the Crown leases; if so, on what date did this occur; if not, why not.

(4) Were negotiations conducted with APSC during February 2000 regarding assignment of the leases.

(5) During these negotiations did the Commonwealth continue to seek to excise the water supply facilities from the lease and to suggest that new leases be drawn up.

(6) Were new leases drawn up as a result of these negotiations; if not, why not; if so, were the water supply facilities and the Linkwater road removed from the leases.

(7) Did the Liquidator write to the Commonwealth on 25 February 2000 and request that the Crown leases be assigned in their current form and that, if necessary, the Commonwealth deal with modifications to the lease after settlement of the sale.

(8) Were the leases assigned in their existing form at the time of sale to Soft Star Pty Ltd on 5 May 2000: (a) if so, why; if not, what part of the leases were modified; and (b) has the Commonwealth dealt with modifications to these leases since the settlement of the sale; if so, when and to what extent; if not, why not.

373  Senator Ludlam: To ask the Minister representing the Minister for Infrastructure and Transport ( transferred to the Minister representing the Minister for Regional Australia, Regional Development and Local Government on 28 January 2011 )—With reference to the development of the new port facility between Waterfall and Norris Point on the east coast at Nui Nui on Christmas Island, which was developed due to the fact that the current ‘port cannot be classified as a “safe port” in all weather conditions’ and can therefore ‘be closed when weather conditions are moderately bad to severe’, according to the Attorney-General’s Department submission to the Joint Standing Committee on the National Capital and External Territories’ inquiry into the changing economic environment in the Indian Ocean Territories (report tabled in the Senate on 11 May 2010):

 

 (1) How much did the complete facility cost.

(2) When was the facility first considered for development.

(3) (a) When did the development commence; and (b) when was it concluded.

(4) Since the development concluded, how many times per year has it been used to land containers, goods and vehicles when the current port adjacent to Flying Fish Cove could not receive goods or containers due to weather conditions.

(5) For those same years itemised in paragraph (4), how many times were containers, goods and vehicles unable or only partially able to be unloaded at Flying Fish Cove.

(6) If there is a discrepancy between the answers to paragraphs (4) and (5), why has the new facility at Nui Nui not been used to facilitate the landing of these items.

(7) Is there a problem with the provision of quarantine services at the Nui Nui facility; if so, what is being done to resolve this issue.

374  Senator Ludlam: To ask the Minister representing the Attorney-General ( transferred to the Minister representing the Minister for Regional Australia, Regional Development and Local Government on 28 January 2011 )—With reference to the upgrade of the Christmas Island Linkwater Road between the new Nui Nui port facility and Lily Beach Road:

(1) When was the decision made to reconstruct and improve this road.

(2) When was a budget allocation first made to reconstruct and improve this road.

(3) When was the road first closed.

(4) When did reconstruction and improvement of this road first commence.

(5) Have there been any relevant and/or external reasons why the reconstruction and improvement of this road has not concluded; if so, what are they.

(6) When is the reconstruction and improvement of the road expected to be complete.

(7) Are there any matters that are currently impeding the completion of the reconstruction and improvement of this road; if so, what are they.

375  Senator Ludlam: To ask the Minister representing the Attorney-General ( transferred to the Minister representing the Minister for Regional Australia, Regional Development and Local Government on 28 January 2011 )—With reference to the failed construction of the Russian Asia Pacific Space Centre (APSC) near South Point on Christmas Island that was to be primarily located in former mined areas:

(1) How many areas were cleared for this facility.

(2) What is the tenure of the land cleared.

(3) Are there leases or ownership associated with this land beyond that of the Commonwealth; if so, what are they.

(4) At the time of agreement being reached for this land to be used for the APSC were there any rehabilitation conditions established for this land should the project be removed or fail to proceed: (a) if not, why not; and (b) if so: (i) with whom were those agreements established, (ii) has rehabilitation been completed, and (iii) if rehabilitation has not been completed, why not and what action is being undertaken to ensure those areas are being rehabilitated.

(5) Were any areas cleared other than those located in former mined areas; if so, are there any different conditions of rehabilitation determined for these areas.

376  Senator Ludlam: To ask the Minister representing the Minister for Sustainability, Environment, Water, Population and Communities—With reference to the management by Parks Australia of Christmas Island National Park and the red crab (Gecarcoidea natalis), covered by the Environment Protection and Biodiversity Conservation Regulations, and the latest red crab spawn migration to the coast that occurred in 2010:

(1) What was the extent of the spawn migration to the coast in 2010 compared with previous years.

(2) How was the spawn migration to the coast managed by Parks Australia in terms of determining which roads would be most significantly affected by a possible spawn migration.

(3) Which roads were considered for closure due to spawn migration.

(4) Which roads were closed due to spawn migration and for what duration.

(5) On what date was the closure of these roads announced.

(6) On what date did the spawn migration to the coast commence.

(7) On what date did the spawn migration to the coast officially cease.

(8) Were Parks Australia authorised to close roads on an as-needed basis due to regional spawn migration patterns, numbers or conditions exceeding the directive issued on 14 March 2010 by Parks Australia; if so, which roads were closed and for what duration; if not, why not.

(9) What was the estimated mortality of red crabs due to vehicle strike on Christmas Island during the 2010 season’s spawn migration to the coast.

(10) Was the spawn migration to the coast in the area between the golf course and the Christmas Island Resort significant.

(11) Was the road between the golf course and the Christmas Island Resort closed at any time during the 2010 season’s spawn migration to the coast; if so, for what period.

(12) Was the road between the golf course and the Christmas Island Resort considered for closure during the 2010 season’s spawn migration, either during the establishment of the closures authorised under subregulation 12.42(3) issued by Parks Australia (Darwin Office), or at any time on an as-needed basis; if not, why not.

(13) If the road between the golf course and the Christmas Island Resort was considered for closure but not closed, why not.

(14) Were any submissions made by any party or agency that the road between the golf course and the Christmas Island Resort should remain open; if so, who made those submissions.

(15) Did the submissions indicated in paragraph (14) affect any proposals to close the road between the golf course and the Christmas Island Resort.

(16) What was the estimated mortality of red crabs due to vehicle strike between the golf course and the Christmas Island Resort during the 2010 migration.

(17) Which coastal areas of Christmas Island record the greatest spawn migration numbers.

 

 (18) Is the spawn migration uniform across the coastal areas of Christmas Island.

(19) Is the spawn migration more significant in any particular coastal area of Christmas Island; if so, can a list be provided of the area(s) by name and bearing locations.

(20) With the exception of part of Murray Road, why were no roads closed on the eastern side of Christmas Island by the subregulation 12.42(3) directive issued on 14 March 2010 by Parks Australia (Darwin Office).

(21) What is the current estimated red crab population on Christmas Island as determined by the last census.

(22) Was the original red crab population on Christmas Island estimated to be approximately 15 million; if not, what was the original estimated red crab population on Christmas Island and why does it vary from the often stated figure of approximately 15 million.