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Select Committee of the Legislative Council on Public Land Development

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Select Committee of the Legislative Council on Public Land Development SELECT COMMITTEE OF THE LEGISLATIVE COUNCIL ON PUBLIC LAND DEVELOPMENT FIRST INTERIM REPORT DECEMBER 2007 Ordered to be Printed By Authority Government Printer for the State of Victoria No 67 Session 2006-07 Contents SELECT COMMITTEE ON PUBLIC LAND DEVELOPMENT ........................1 CHAIRMAN’S FOREWORD............................................................................3 REPORT..........................................................................................................5 1. Establishment of Select Committee ......................................................5 2. Public Consultation ...............................................................................6 2.1 Written Submissions ......................................................................6 2.2 Public Hearings..............................................................................8 3. Terms of Reference - Attorney-General Intervention ..........................16 4. Input of Victorian Government Departments .......................................19 4.1 Request for Private Background Briefings ...................................19 4.2 Request for Public Land Data ......................................................20 4.3 Invitations to Major Projects Victoria and Parks Victoria to Attend Public Hearings on 26 and 27 September 2007 respectively .........................................................................20 4.4 Invitations to Key Victorian Government Departments to Attend Public Hearings on 1 October 2007 ..............................21 4.5 Invitation to Department of Treasury and Finance to Attend Public Hearing on 29 October 2007..................................22 4.6 Invitation to Department of Sustainability and Environment, and Parks Victoria to Attend Public Hearings in Port Campbell and Apollo Bay.............................................................................22 4.7 Invitation to Department of Sustainability and Environment to Attend Public Hearing on 19 November 2007 ..........................23 4.8 Invitation to Department of Planning and Community Development to Attend Public Hearing on 27 November 2007 ....24 4.9 Conclusions Relating to Intervention by Attorney-General and Related Input of Government Departments...........................25 APPENDIX 1 ..............................................................................................27 APPENDIX 2 ..............................................................................................29 APPENDIX 3 ..............................................................................................33 APPENDIX 4 ..............................................................................................34 APPENDIX 5 ..............................................................................................35 APPENDIX 6 ..............................................................................................36 APPENDIX 7 ..............................................................................................37 APPENDIX 8 ..............................................................................................41 APPENDIX 9 ..............................................................................................45 APPENDIX 10 ............................................................................................47 APPENDIX 11 ............................................................................................49 APPENDIX 12 ............................................................................................51 APPENDIX 13 ............................................................................................52 APPENDIX 14 ............................................................................................53 APPENDIX 15 ............................................................................................54 APPENDIX 16 ............................................................................................55 APPENDIX 17 ............................................................................................57 EXTRACTS FROM THE PROCEEDINGS ....................................................58 MINORITY REPORT .....................................................................................79 Select Committee on Public Land Development – First Interim Report SELECT COMMITTEE ON PUBLIC LAND DEVELOPMENT Committee Members Mr David Davis – Chairman Member for Southern Metropolitan Region Mr Brian Tee – Deputy Chairman Member for Eastern Metropolitan Region Mr Peter Hall Member for Eastern Victoria Region Mr Peter Kavanagh Member for Western Victoria Region Mr Edward O’Donohue Member for Eastern Victoria Region Ms Sue Pennicuik Member for Southern Metropolitan Region Mr Evan Thornley (from 9 October 2007) Member for Southern Metropolitan Region Mr Matthew Viney (until 9 October 2007) Member for Eastern Victoria Region Committee Staff Mr Richard Willis – Secretary to the Committee Dr Caroline Williams – Research Officer Mr Anthony Walsh – Research Assistant Address all correspondence to – Select Committee on Public Land Development Department of the Legislative Council Parliament of Victoria Spring Street MELBOURNE VIC 3002 Telephone: (03) 9651 8696 Facsimile: (03) 9651 6799 Email: [email protected] Web: www.parliament.vic.gov.au/council/publicland/ 1 Select Committee on Public Land Development – First Interim Report 2 Select Committee on Public Land Development – First Interim Report CHAIRMAN’S FOREWORD I am pleased to provide this first interim report of the Select Committee on Public Land Development. The reference given to the committee is a very important one and responds to public concerns over the lack of planning by the State Government for the preservation of key public lands in metropolitan Melbourne and country Victoria. The Committee has to date received in either written or verbal form, more than 160 contributions that relate to more than 70 sites around the State. Great interest and community support has been generated and on behalf of the Committee I am appreciative of the valuable input by these individuals and organisations. A key issue is the decision to sell or otherwise alienate critical pieces of public land that have great local significance. Evidence shows inadequate processes are in place to consult the community or local authorities before the State Government moves to sell such land. Further, there are concerns over the lack of transparency in the process of identifying and valuing surplus public land. The themes which have emerged through the submissions show widespread concern over the State’s increasing urban density connected with the absence of a public plan for: (a) protecting existing public land and open space and (b) provision of additional public land and open space in relation to increased population density. In Melbourne, the amount of public open space available will become an increasingly important issue given the State Government, through its Melbourne 2030 policy, has committed to increase the number of people in Melbourne by one million. Evidence to date suggests there is no public open space plan or measurement of the public open space required to support an increased population. Key sites in country Victoria have also been investigated and evidence taken. Some of these are highlighted in the report and others will be fully examined in the first half of 2008. It is my unfortunate duty to report that through the intervention of the Deputy Premier and Attorney General, the Hon. Rob Hulls, M.P., the State Government has sought to hamper the activities of the Committee. In correspondence detailed in this report, the Government has sought to impose a narrow definition of ‘public land’ on the Committee. It is important to note that debate by Members of the Legislative Council when establishing the Committee contemplated only a commonly understood definition. No Member, including the Minister for Planning, at the time of debate sought to define ‘public land’ narrowly. Only State Government witnesses at the direction of the Deputy Premier and Attorney-General have held that public land is defined by an absurd definition based on an obscure administrative order from 1988. No evidence from any non government witness has supported the Government’s specious definition. This attempt to limit the Committee’s access to key information should be seen clearly for what it is – obstruction pure and simple. Government departments have failed to provide even basic information that fits within their narrow definition. The long battle by parliaments to hold executive government to account is in direct conflict with the notion of a minister attempting to define the terms of reference of a parliamentary committee against the will of the parliament. The Legislative Council 3 Select Committee on Public Land Development – First Interim Report should not have its committee activities defined or limited by the Government it is attempting to scrutinise. The working definition of public land accepted by the Committee is in fact modelled from government documents. Further, the Clerk of the Legislative Council has provided formal advice to the Committee confirming the long established practice that it is for the Committee to decide the interpretation of its terms of reference. Strangely, the Department of Sustainability and Environment itself uses a broader definition of public land on its own website but disappointingly will only respond
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