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GENERAL PURPOSE STANDING COMMITTEE No. 4 PLANNING

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GENERAL PURPOSE STANDING COMMITTEE No. 4 PLANNING UNCORRECTED PROOF UNCORRECTED PROOF GENERAL PURPOSE STANDING COMMITTEE No. 4 Wednesday 16 September 2009 Examination of proposed expenditure for the portfolio areas PLANNING, REDFERN WATERLOO The Committee met at 2.00 p.m. MEMBERS The Hon. J. A. Gardiner (Chair) The Hon. A. Fazio The Hon. R. A. Smith The Hon. D. Harwin The Hon. H. S. Tsang Ms S. P. Hale The Hon. L. J. Voltz _______________ PRESENT The Hon. K. K. Keneally, Minister for Planning, and Minister for Redfern Waterloo Department of Planning Mr S. Haddad, Director General Mr R. Pearson, Deputy Director General, Development Assessment and Systems Performance Mr I. Reynolds, Deputy Director General, Strategies and Land Release Mr P. Despinidic, Director, Finance and Business Services Mr M. Ray, Executive Director, Assessment Systems, General Counsel Redfern Waterloo Authority Mr R. Wakelin-King, Chief Executive Officer Barangaroo Delivery Authority Mr J. Tabart, Chief Executive Officer UNCORRECTED PROOF CORRECTIONS TO TRANSCRIPT OF COMMITTEE PROCEEDINGS Corrections should be marked on a photocopy of the proof and forwarded to: Budget Estimates secretariat Room 812 Parliament House Macquarie Street SYDNEY NSW 2000 CHAIR: I declare this inquiry into Budget Estimates 2009-10 open to the public. I welcome Minister Keneally and accompanying officials. Today the Committee will examine the proposed expenditure for the portfolios of Planning and Redfern Waterloo. In accordance with the Legislative Council guidelines for the broadcast of proceedings, only committee members and witnesses may be filmed or recorded. People in the public gallery should not be the primary focus of any filming or photo. In reporting the proceedings of this committee, the media must take responsibility for what is published or the interpretation placed on anything said before the Committee. The guidelines for the broadcast of proceedings are available at the table by the door. Any messages from attendees in the gallery should be delivered through the Chamber or support staff or the Committee clerks. Minister, I remind you and the officers accompanying you that you are free to pass notes and refer directly to your advisers while at the table. Please turn off mobile phones. The Committee has agreed to no particular sequence for questions. Ms KRISTINA KENEALLY: Madam Chair, I remind you that the Barangaroo Delivery Authority is also one of my portfolio responsibilities. CHAIR: The Committee has resolved that answers to questions on notice should be provided within 35 days for this portfolio. Transcripts of the hearing will be available on the web from tomorrow morning. All witnesses from departments, statutory bodies or corporations will be sworn prior to giving evidence. Minister, you do not need to be sworn because you have already sworn an oath to your office as a member of Parliament. SAM HADDAD, Director General, Department of Planning, IAN REYNOLDS, Deputy Director General, Strategies and Land Release, Department of Planning PETER DESPINIDIC, Director, Finance and Business Services, Department of Planning JOHN TABART, Chief Executive Officer, Barangaroo Delivery Authority, ROY WAKELIN-KING, Chief Executive Officer, Redfern Waterloo Authority, sworn and examined: RICHARD PEARSON, Deputy Director General, Development Assessment and Systems Performance, Department of Planning, and MARCUS RAY, Executive Director, Assessment Systems and General Counsel, Department of Planning, affirmed and examined: The Hon. DON HARWIN: My question is directed to Mr Haddad. Have you ever met or had discussions with Mr Graham Richardson? Mr HADDAD: Yes, I have, in his capacity as a registered lobbyist. In that context, as part of my job I meet with a number of people, local governments and community groups. I meet a wide range of people and I did meet with Mr Richardson as a registered lobbyist representing his client. The Hon. DON HARWIN: Can you tell me on how many occasions you have met or had discussions with Mr Richardson? Mr HADDAD: I met with him last year on about four occasions to the best of my recollection. The Hon. DON HARWIN: On the first occasion, on behalf of whom was Mr Richardson acting or who engaged him? Mr HADDAD: His clients are on the lobbyists' register. I cannot recall who he was representing on the first occasion. However, I can recall the most recent occasion. The Hon. DON HARWIN: Shall we start with the most recent occasion? That might be most convenient. Budget Estimates [Planning, Redfern Waterloo] 1 Wednesday 16 September 2009 Mr HADDAD: The most recent occasion, which I recall clearly, was earlier this month when I met with him for about 20 minutes. I met with him in his capacity as a registered lobbyist representing his client and in the presence of a departmental officer. The Hon. DON HARWIN: Which client was that? Mr HADDAD: On that occasion it was Mr Roy Medich. The Hon. DON HARWIN: What was the outcome of your discussions with Mr Richardson on that matter when he was acting on behalf of Mr Medich? Mr HADDAD: We have, and I have, consistently indicated in relation to Badgerys Creek employment land generally, including the former CSIRO land, that the release of this land should not occur—that was my clear, consistent advice to Government—without ensuring that proper infrastructure and services arrangements and other land use planning issues were identified and resolved. At that meeting I clearly indicated to Mr Richardson the reason for his wanting to discuss the matter was to understand why we did not rezone or why the Government did not rezone the land. I indicated to him, consistent with what we had been saying for many years, essentially the reason was that infrastructure services and other requirements associated with the land generally—this area of land, including the so-called Medich and ex-CSIRO or University of Sydney land—have constraints in terms of infrastructure, in terms of services and other land use issues that ought to be addressed before releasing it. The Hon. DON HARWIN: Did you inform the Minister of those discussions? Mr HADDAD: No, I did not. The Hon. DON HARWIN: We have spoken about the most recent occasion on which you met with Mr Richardson, but you thought there was prior to that another three or so. Can you remember, in relation to those three previous meetings, who Mr Richardson was acting on behalf of or engaged by? Mr HADDAD: Mr Richardson acts on behalf of clients that are registered on the lobbyist register. Irrespective of his acting on behalf of those clients, I can inform the Committee that the outcome of any matters that come before me, or the department for that matter, is not affected whatsoever. So, in terms of the issues that were raised with me, I am more than happy to provide the Committee with a written answer on notice, if you like, but there were a couple of issues associated with a number of projects— The Hon. DON HARWIN: Sorry to interrupt: can you remember the projects? Mr HADDAD: I remember, for example, one which was the one that did not proceed—Macarthur South. The Hon. DON HARWIN: He came to see you about that? Mr HADDAD: That is correct. That is an area that basically had been considered for a potential major release. At one of the meetings Mr Richardson was essentially inquiring as to the status of progressing with the issues, whether there were any outstanding issues associated with it and when he could anticipate an answer to that. As a matter of fact, the outcome was that the Government decided not to release Macarthur South for the next 25 years. That is an example of what he raised with me. The Hon. DON HARWIN: You remember an example out of those three where something has not gone ahead. I wonder whether you can remember an example of something that has gone ahead? Mr HADDAD: To be honest, that is why I prefer to give you an accurate account, if you like, of the four or five matters I have been involved with. One matter that has not been completed yet is still in the process of investigations. I have to come back to the Committee if you like. The Hon. DON HARWIN: What is that matter? Budget Estimates [Planning, Redfern Waterloo] 2 Wednesday 16 September 2009 Mr HADDAD: The Lowes Creek land release area. That is one of the issues he had some interest in on behalf of his client. This matter had been in the system for about three years. The Hon. DON HARWIN: Can you just remind me who the proponent in that project is? Mr HADDAD: Walker. Mr REYNOLDS: No. Mr HADDAD: It is not? My apologies. Mr REYNOLDS: The proponent is a consortium of landowners. Medich is one. Boral is another. There are a number of smaller landowners. The Arentz family I think is one, Maryland Properties—there's a range. The Hon. DON HARWIN: Mr Haddad, what steps do you follow after having had discussions with registered lobbyists such as Mr Richardson to avoid perceptions of conflict of interest? Mr HADDAD: Basically, the officer who assists me at the meeting keeps a record of the discussion. This is basically the process. In many cases, as a matter of fact, what we try to do in many cases, because of the issue of perception in a sense, before advising the final outcome I tend to advise a probity check on the process that has been adopted through the department as well as an independent evaluation of the outcome. Can I just make sure I have gone on record clearly, that in all cases the outcome of the assessment is not really impacted upon in terms of the representations made in that regard.
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