MINUTE DECISION NO . ,, co,e9 , S /3 /19 C/0

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(Submission No. 0016-:J_ a.m . .f!{o Copies Received at 9-00 s / .3 /19 90 rnR.. , GOSS" c.s ~- Made 43 CIRCULATION DETAILS

1 MR. GOSS 's A/e,, 21 ~, 2 22 Conv of r91evant MR. BURNS R/c Housing & LG d 3 ML MACn:NROTH (';)le, 23 · Police I

MR. De LACY / ~.,.,.,'f Treasury 4 / ~ R/(..,. 24 I~ Tourism, Sport 5 p,/c_ 25 MR. GIBBS & Racing // .

6 MR. HAMILL P/c_. 26 Transport -2,. (

7 MR.. WARBURTON Pfc.. 27 DEVET & IA G., 28 -- 8 MR. VAUGHAN R/e, Resource Indus 8 9 MR. CASEY li. A/c.. 29 Primary Indust MR. McELLIGOTT 10 A/c... 30 Health ,~ f rn.evant

11 MR. BRADDY A/e- 31 Education ~

12 MR. COMBEN Afc 32 Env & Heritage MR. 13 WELLS 33 Attorney-Gener 1 P.Jc J Fam Serv & .,. p·, '") rnlevant 14 MS. WARNER AJ:_, 34 Ab&Is Affrs 15 MR. MILLINER Pf:- 35 Justice and 1 'I. i 16 A/c 36 MR. McLEAN -· 17 MR. p,Jc:_, 37 SMITH d 18 MR. EATON Rje-,, 38 Land

19 39 -r Cf- /( &"'· 0 GOVERNOR I /4/2 :i 't Cl- LO -r~ AN-Sfb~ T 20 40 Master File Y f!xec. . D;re,c/v r fStb No . 40 (J./- .3 , 90 Department of the Premier, Economic and Trade Development

The Secretary of Cabinet, 13th Floor, 111A Building, •100 George Street, BRISBANE Q 4000

-Dear Sir,

Enclosed are 50 copies of a Cabinet Submission entitled:­

Inquiry into the Conservation, Management and Use of the Great Sandy Region (including Fraser Island)

A total of 53 copies of the Submission have been produced.

I have arranged distribution of the Submission:- - Copy No. Department/Branch Officer CLLO G. KROSS

CLLO G. KROSS

53 CLLO G. KROSS

For further information please contact me on 224 6063

Date: 5/3/90.

Executive Building, 100 George Street. Brisbane. Q. 4000, . PO Box 185 North Quay. Q. 4002, Australia. Phone: 07 224 2111 ISD: 6172242111 Telex: AA 144599, 144567 Facsimile: 07-229 2990 Copy No. l-~--

C O N F I D E N T I A L

C A B I N E T M I N U T E

Brisbane, 5 March, 1990

Decision No. 00189

Submission No. 00187 TITLE: Inquiry into the Conservation, Management and Use of the Great - Sandy Region (including Fraser - Island). CABINET decided:-

1. That the draft Order in Council and Terms of Reference for the Inquiry be submitted to the Governor in Council for approval.

2 • That Ministers examine the implications of the Terms of Reference for their respective portfoliios, including budgetary - items. 3 . That the Department of the Premier, Economic and Trade Development, in conjunction with Mr. Fitzgerald, initiate action to commence the Inquiry. - 4. That discussions be held with the Treasury Department to establish a Budget for the Inquiry . •

CIRCULATION: All Chief Executives and copies to all Ministers.

Certified True Copy CABINET-IN-CONFIDENCE

SECURITY CLASSIFICATION "C" SUBMISSION NO.

CABINET SUBMISSION COPY NO. 20

TITLE

Inquiry into the Conservation, Management and Use of the Great - Sandy Region ( including Fraser Island)

MINISTER

Premier, Minister for Economic and Trade Development and Minister - for the Arts. PURPOSE/ISSUES

To initiate a comprehensive public Inquiry into the conservation, management and use of the Great Sandy region including Fraser Island.

OBJECTIVE OF SUBMISSION

To seek endorsement of the draft Order-in-Council, Terms of Reference and procedures for conduct of the Inquiry by Mr G.E. (Tony) Fitzgerald, QC. - URGENCY An expeditious commencement and completion of the Inquiry is imperative in order to honour the pre-election commitment and previous announcements and to resolve the conflict between - competing interests. CONSULTATION

Preliminary discussions have _been held with Departments most closely involved in the Inquiry and information is being collated from a variety of sources.

FINANCIAL CONSIDERATIONS

COSTS RECURRENT TOTAL

This financial year (estimated) $250,000 $250,000 Next financial year (estimated) $450,000 $450,000 Subsequent years Nil

ARE COSTS AGREED WITH TREASURY?

In principle agreement. SOURCE OF FUNDS

Consolidated revenue.

BUDGET IMPLICATIONS?

New appropriation needed.

PUBLIC PRESENTATION

Appended to this Submission is a copy of the Media Release dated 26th February 1990 in which I announced the appointment of Mr - Fitzgerald.

RECOMMENDATIONS

that the draft Order-in-Council and Terms of Reference for - the Inquiry be submitted to the Governor-in-Council for approval.

that Ministers examine the implications of the Terms of Reference for their respective portfolios, including budgetary items;

that the Department of the Premier, Economic and Trade Development, in conjunction with Mr Fitzgerald, initiate action to commence the Inquiry;

that discussions be held with the Treasury Department to - establish a Budget for the Inquiry .

. / ~ PREMIER, MINISTER FOR ECONOMIC AND TRADE DEVELOPMENT AND MINISTER (/ FOR THE ARTS

5th March, 1990. CABINET-IN-CONFIDENCE

SECURITY CLASSIFICATION "C" SUBMISSION NO.

CABINET SUBMISSION COPY NO.

BODY OF SUBMISSION

TITLE: INQUIRY INTO THE CONSERVATION, MANAGEMENT AND USE OF THE GREAT SANDY REGION (INCLUDING FRASER ISLAND)

- MINISTER: Premier, Minister for Economic and Trade Development and Minister for the Arts.

BACKGROUND

1. In January this year I foreshadowed that the Government would establish in line with a pre-election - commitment, an Inquiry into the future conservation and management strategy for Fraser Island.

ISSUES:

2 . On 26th February 1990 I announced that Mr G.E. (Tony) Fitzgerald, QC had accepted my invitation to inquire, report and make recommendations to Government with respect to the following matters:

a. as a matter of priority, the conservation, management - and use of Fraser Island in the public interest with due regard for environmental, recreational, cultural, social, economic, industrial and any other material considerations and the interests of potentially affected - individuals; b. the conservation, management and use of the Great Sandy Region in the public interest with due regard for environmental, recreational, cultural, social, economic,industrial and any other material considerations and the interests of potentially affected individuals;

c. the establishment of principles, systems and procedures for the orderly development and implementation of policies, and the resolution of issues or disputes concerning areas of Queensland in relation to which particular regulation or control may be needed for environmental, cultural and other special reasons; and

d. any legislation or other action by the Government of the State of Queensland necessary or appropriate to implement or give effect to such recommendations.

L..__ - • 2 •

3. Based on discussions with Mr Fitzgerald broad implementation procedures as follows are proposed:

A. Initial discussion paper.

The Secretariat for the Inquiry will co-ordinate a scoping paper which will clearly delineate the issues under debate and serve as a precursor to the final report. Relevant state Government Departments will be requested to contribute sections of the initial discussion paper indicating policy and management strategy options. Documented reviews and research should form the data base for the scoping paper.

B. Contact officers to be nominated in departments. - While some departments will contribute more substantially than others in the Inquiry, all Ministers are being requested to ensure that a suitable contact officer is nominated in each portfolio. The Director-General of my Department which is providing both administrative and technical support to the - Inquiry will write to Chief Executives requesting co-operation and indicating details in this regard.

C. Preliminary hearings.

In the very near future an advertisement will be placed in major daily newspapers notifying details of an initial hearing and calling for submissions.

D. Future hearings. - The preliminary hearings will be used in part to involve the various protagonists and community interests in developing the process for future hearings. A key objective will be to give suitable opportunities to the public to input to the - Inquiry. · OBJECTIVE OF SUBMISSION

4. This Submission seeks endorsement of the Terms of Reference and proposed mode of operation for the Inquiry. A draft Order-in-Council for the appointment of Mr G.E. Fitzgerald, QC to conduct the Inquiry and draft Terms of Reference is attached.

URGENCY

5. An expeditious commencement and completion of the Inquiry is imperative in order to honour the pre-election commitment and previous announcements and to resolve conflict between competing interests. We are looking for progressive outcomes and the present target completion date is the end of 1990. . 3 •

CONSULTATION

6. Preliminary discussions have been held with departments most closely involved in the Inquiry and information is being collated from a variety of sources. The proposed procedures are designed to ensure the widest and fairest possible participation.

FINANCIAL CONSIDERATIONS

7 • Mr Fitzgerald is undertaking this task as a community service. However there will be expenditures associated with the Inquiry such as accommodation, facilities, conduct of - Inquiry, inspections and equipment. The majority of expenditure should occur in the next financial year. While full details have yet to be resolved, approximate funding requirements are as follows:

- 1989-90 $250,000 1990-91 $500,000

Ministers are requested to examine any implications of this Inquiry for their departmental budgets and advise my Department as soon as possible.

Costs have been agreed in principle with the Treasury Department and details will be finalised in the near future. - PUBLIC PRESENTATION 8. Appended to this Submission is a copy of the Media Release dated 26th February 1990 in which I announced the appointment of Mr Fitzgerald. - RECOMMENDATION: that the draft Order-in-Council and Terms of Reference for the Inquiry be submitted to the Governor-in-Council for approval.

that Ministers examine the implications of the Terms of Reference for their respective portfolios, including budgetary items;

that the Department of the Premier, Economic and Trade Development, in conjunction with Mr Fitzgerald, initiate action to commence the Inquiry;

that discussions be held with the Treasury Department to establish a Budget for the Inquiry.

Wayne Goss, Premier, Minister for Economic and Trade Development and the Arts.

5th March, 1990. HON. M.L.A. Executive Du ilding 100 Gco~e Street, Brisbane, Q 4{XX) Telephone 224 4500

MONDAY, 26TH FEBRUARY, 1990

STATEMENT BY MR WAYNE GOSS, M. L.A. , ·,PREMIER OF QUEENSLAND - QC TO HEAD INQUIRY INTO FRASE~ ISLAND THE STATE GOVERNMENT HAS APPOINTED FORMER CORRUPTION - COMMISSIONER, TONY FITZGERALD QC, TO HEAD ITS ALREADY-ANNOUNCED W INQUIRY INTO THE FUTURE CONSERVATION AND MANAGEMENT STRATEGY FOR FRASER ISLAND . . _.,. THE .PREMIER, MR GOSS, SAID THE STATE THE GOVERNMENT CARED GREATLY ABOUT FRASER ISLAND'S FUTURE AND.WAS COMMITTED TO A GENUINE AND INbEPENDENT INQUIRY IN REACHING THE CORRECT DECISIONS.

"IN THE LEAD UP TO THE ELECTION WE PROMISED AN INQUIRY INTO THE LONG-TERM CONSERVATION AND MANAGEMENT OF FRASER ISLAND. THAT INQUIRY· WAS ANNOUNCED BY THE GOVERNMENT IN JANUARY.

A MR GOSS SA~D THE INQUIRY WOULD BE THE MOST COMPREHENSIVE - ENVIRONMENTAL INVESTIGATION EVER CONDUCTED BY A QUEENSLAND STATE GOVERNMENT.

"MR FITZGERALD WILL EXAMINE ALL ASPECTS OF THE RANGE OF ISSUES - SURROUNDING FRASER ISLAND AND THE . GREAT SANDY REGION.

"HE HAS AGREED TO LOOK AT THE CONSERVATION, MANAGEMENT AND USE OF THE ISLAND WITH PARTICULAR ATTENTION TO MATTERS CONCERNING THE \ ENVIRONMENT, RECREATION, CULTURE, EMPLOYMENT, THE REGIONAL I• ECONOMY, INDUSTRY BASE, AND SOCIAL NEEDS OF THE REGION."

"THE ISSUES INVOLVED IN THE FUTURE MANAGEMENT AND CONSERVATION OF FRASER ISLAND ARE COMPLEX. WE ARE DETERMINED TO MAKE THE CORRECT DECISION BASED ON A FULL INVESTIGATION ON THESE ISSUES".

MR GOSS SAID THAT MR FITZGERALD'S INQUIRY WOULD BEGIN WITH A PRELIMINARY PUBLIC HEARING WHERE INTERESTED PERSONS AND PARTIES IWOULD BE INVITED TO REGISTER THEIR INTEREST . - HE SAID MR FITZGERALD ~AD AGREED THA~ THE INQUIRY SHOULD NOT BE LEGALISTIC BUT RATHER BE CARRIED OUT .EXPEDITIO_USLY WITHOUT RESORTING TO LENGTHY FORMAL HEARINGS.

J "MR FITZGERALD WILL BE ASKING PEOPLE TO MAKE COMMENT UPON THE ( PROCESS HIS INQUIRY WILL TAKE.

"IT IS PROPOSED THAT THERE WILL BE WRITTEN SUBMISSIONS WHICH WILL ( BE OPEN TO PUBLIC SCRUTINY. - 2 -

26.02.90

STATEMENT BY MR WAYNE .GOSS, M.L.A., PREMIER OF QUEENSLAND

A "THE ISSUES INVOLVED IN THE FUTURE MANAGEMENT AND CONSERVATION OF W FRASER ISLAND ARE COMPLEX. WE ARE DETERMINED TO MA.KE THE CORRECT DECISIONS BASED ON A FULL INVESTIGATION ON THESE ISSUES."

A DISCUSSION PAPER OUTLINING . THE MAJOR ISSUES WILL BE RELEASED AT A LATER DATE FOR PUBLIC COMMENT BEFORE FINAL SUBMISSIONS ARE • TAKEN. "A FINAL PUBLiC HEARING PRIOR TO MR FITZGERALD SUBMITTING HIS } REPORT TO THE GOVERNMENT IS ALSO PLANNED.

"i AM VERY PLEASED THAT MR FITZGERALD HAS AGREED ·TO UNDERTAKE THIS INQUIRY WHICH WILL BE OF ENORMOUS VALUE AND SIGNIFICANCE TO THE PEOPLE OF QUEENSLAND.

"I ASKED MR FITZGERALD TO CONSIDER UNDERTAKING THIS TASK AS A COMMUNITY SERVICE AND I AM DELIGHTED THAT HE HAS AGREED TO THAT." .. MR GOSS SAID THAT THE GOVERNMENT'S ACTION WAS ENTIRELY IN LINE - WITH LABOR'S PRE-ELECTION POLICY POSITION ON THE ISSUE. "WE SAID AT THE TIME THAT THE FUTURE OF FRASER ISLAND WOULD BE DECIDED BY THE GOVERNMENT FOLLOWING A THOROUGH INQUIRY INTO ALL - ASPECTS OF THE ISSUES INVOLVED. "WHAT I AM ANNOUNCING TODAY IS ~HE DELIVERY OF THAT COMMITMENT.~ I• MR GOSS SAID THAT WHILE FRASER ISLAND WOULD BE THE· PRIMARY FOCUS OF THE INQUIRY, MR FITZGERALD WOULD EXAMINE THE IMPORTANCE OF THE GREAT SANDY REGION AS A WHOLE.

MR FITZGERALD WOULD ALSO, IN HIS REPORT, RECOMMEND POLICY INITIATIVES AND ADMINISTRATIVE ARRANGEMENTS TO BE CONSIDERED TO ESTABLISH A PROPER PROCESS FOR RESOLVING CONFLICTING PRIORITIES AND DISPUTES ARISING OUT OF RECONCILING DEVELOPMENT ISSUES WITH IENVIRONMENTAL AND OTHER CONCERNS .. .. • • I rr BELIEVE THAT WITH GOODWILD AND CO-OPERATION WE CAN AVOID THE OFTEN UNPLEASANT AND UNNECESSARY CON}RONTATIONS THAT HAVE CHARACTERISED THE ENVIR.ONMENTAL DEBATE IN . THE PAST."

FOR FURTHER INFORMATION: ( 07) 224 4500

- ENDS - PRELIMINARY PUBLIC HEARING

Mr Fitzgerald will convene a brief hearing to receive submissions from interested partie~ on the process of . the inquiry. Parties will be requested fo register their interest in the matter. The ti~e, date and place of the gublic hearing ·will be announced by ~ -public notice. ~ -

- •

- h.

r INQUIRY INTO THE LONG-TERM CONSERVATION AND MANAGEMENT OF FRASER ISLAND

TERMS OF REFERENCE

·, Mr Fitzgerald to inquire, repo.r,t and ·make rec~mmendations to the Government with respect to the ~allowing matters:-

1. as a matter of priority, the conservation, management and use - of Fraser Island in the public interest with due regard for environmental, recreational, cultural, social, economic, industrial and any other material considerations and the interests of potentially affected individuals;

2 • the conservation, management and use of the Great Sandy ( ·' • • # - - Region in the public interest with due regard for environmental, recreational, cultural, social, economic, industrial and any other material considerations and the interests of potentially affected individuals;

3. the· establishment of principles, systems and procedures for the orderly development and implementation of policies, and the resolution of issues or disputes. concerning areas of Queensland in relation to which particular regulation or control may be needed for environmental, cultural or other - special reasons; 4 . any legislation or other action by the Government of the State of Queensland necessary or appropriate to implement or - give effect .to such recommendations. h

l- ORDER IN COUNCIL At the Executive Building, Brisbane, the eighth day of March, 1990 Present: His Excellency the Governor in Council

IN pursuance of the provisions of the Commissions of Inquiry Act 1950-1989, His Excellency the Governor, acting by and with the advice of the Executive Council, doth hereby appoint Gerald Edward Fitzgerald -to make full and careful inquiry with respect to the following matters:- as a matter of priority, the conservation, management and -!. use of Fraser Island in the public interest with due regard for environmental, recreational, cultural, social, economic, industrial and any other material considerations and the interests of potentially affected individuals;

2. the conservation, management and use of the Great Sandy Region in the public interest with due ·r·egard for environmental, recreational, cultural, social, economic, industrial and any other material considerations and the interests of potentially affected individuals;

3. the establishment of principles, systems and procedures for - the orderly development and implementation of policies, and the resolution of issues or disputes concerning areas of Queensland in relation to which particular regulation or control may be needed for environmental, cultural or other - special reasons; 4. any legislation or other action by the Government of the State of Queensland necessary or appropriate to implement or give effect to such recommendations.

And to make full and faithful report and recommendations touching the aforesaid subject matter of inquiry and to transmit the same to the Honourable the Premier, Minister for Economic and Trade Development and Minister for the Arts. And doth hereby order and declare that the following provisions of the Commissions of Inquiry Act 1950-1989 shall be applicable for the purposes of this inquiry:-

Section 3(2), Section 4(2), Section 6, Section 14(3), Sections 16, 17 and 18, Section 19(1), (3) and (4) and Sections 19B, 20, 21, 22, 22A, 23, 24, 25, 31 and 32. And the Honourable the Premier, Minister for Economic and Trade Development and Minister for the Arts is to give the necessary directions herein accordingly.

Clerk of the Council

L