Mike Elliott: Flagstaff Hill Golf Club

Extract from Hansard

Legislative Council
25 September 2001

Mike Elliott
Leader Australian Democrats
Member of the Legislative Council

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In reply to Hon. M.J. ELLIOTT (25 July 2001) and answered by letter on 6 September 2001.

The Hon. DIANA LAIDLAW: The whole Flagstaff Hill Golf Course was proclaimed as open space in the Government Gazette dated 29 June 1978, at the request of Hooker-Rex Estates, the registered proprietor of the land. This move prevented the division of land into allotments for any purpose not in keeping with its character of open space, and also meant that the land would not be rated and taxed as if it could be subdivided. Its rating therefore reflected its open space designation.

In order for the Flagstaff Hill Golf Course to sell land to be subdivided for residential purposes, the open space proclamation over the land would need to be revoked or varied. As you may be aware:

· section 61 of the Planning and Development Act 1966 provided a mechanism for the Governor to revoke or vary a proclamation over land that had been proclaimed as open space under that Act;

· the Development Act 1993 continues previous proclamations made under the Planning and Development Act 1966 and the Planning Act 1982-but does not enable new proclamations to be created; and

· the transitional provisions of the Development Act 1993 provides that Section 61 of the now repealed Planning and Development Act and Section 62 of the now repealed Planning Act, continue to apply in respect of existing proclamations.

I am advised that the process to revoke or vary the open space proclamation over the Flagstaff Hill Golf Course would require a submission to be made to me, as Minister for Transport and Urban Planning. In turn, I would be required to consider the request-and if it is to be advanced, make a recommendation to Cabinet. If Cabinet agreed to the request, a recommendation would be put to Executive Council to revoke or vary the open space proclamation.

I have not received any formal submission to revoke or vary the open space proclamation over the Flagstaff Hill Golf Course. I therefore have not considered the merits of such a proposal.

I answered that question by letter on 6 September and I advised in that reply that I had not received any formal submission to revoke or vary the open space proclamation over the Flagstaff Hill Golf Course. Therefore, I had not considered the merits of such a proposal. I can provide an update on that matter. I received such a formal submission mid last week.