Greens weigh in

BY BRUCE RUSSELL

Greens MLC Robin Chapple has decided to wave the green flag in the face of anything that mildly represents development in Kununurra.

He recently visited the town and, on the basis of what he learnt from the other five greens in town, decided to air the greens perspective during question time in the Upper House.

He directed eight questions to the Minister for Local Government and Regional Development (and one-time Kununurra resident) Tom Stephens.

Mr Stephens, with diplomacy that could well be likened to that of Pontius Pilate, replied: I will be pleased to forward the Member's question to the Shire of Wyndham-East Kimberley and will request that the Shire reply directly to the Member.

Neatly done; full points to Mr Stephens.

Mr Stephens did send the questions on to the Shire, which in turn made a rapid reply.

Underneath are Mr Chapple's questions and the Shire's somewhat succinct answers:

Question 1: Has the Shire received rent from Lakeside Resort for operations on UCL (proposed Foreshore Reserve 41812 extension) under an invalid lease between Lakeside Resort and the Shire?

Answer 1: At it's meeting of 17 December 2002, Council agreed, subject to approval from the Water and Rivers Commission and the Minister for Lands, to a ten (10) year lease. A 12-month lease payment has been received.

Council are still awaiting approval from the joint vestee, the Water and Rivers Commission.

Question 2: Has the Shire made a retrospective approval of an illegal development by Lakeside Resort on proposed Reserve 41812 extension?

Answer 2: No.

Question 3: Is there a provision within the town planning scheme No 7 (Kununurra and environs) for retrospective approvals of illegal developments?

Answer 3: No.

Question 4: Has the Shire provided support for illegal land clearing on Reserves 41812 and 715 by Darren Spackman?

Answer 4: No.

Question 5: For what reasons does the Shire refuse to fulfil its obligations under the Ord River Waterways Management Group (ORWMG) Memorandum of Understanding (MoU) signed and endorsed by State agencies and key community representatives, with respect to illegal land clearing and illegal developments on reserves 41812 and 715.

Answer 5: Unaware of any illegal land clearing. No approvals have been given with respect to any development, as currently there is no valid lease.

Question 6: What are the reasons for the Shire ignoring its obligations under the ORWMG MoU and going against statutory legislation under the Aboriginal Heritage Act 1972, by giving retrospective approvals of Lakeside Development without the appropriate heritage clearances?

Answer 6: No retrospective approvals have been given by council.

Question 7: Has the Shire developed a lease for Darren Spackman on part of Reserves 41812 and 715 outside of due process and without the approval of management authorities in the Department of Environment and the Department of Planning and Infrastructure (Previously Department of Land Administration).

Answer 7: Council at it 21 October 2003 Meeting agreed to offer a ten (10) year lease to Celestion Nominees Pty Ltd (D. Spackman), subject to the consent of the joint vestee (Water and Rivers Commission), and the Minister for Lands being first obtained. A lease, if approved will also be subject to the requirements of Section 3.58 of the Local Government Act 1995 being met.

Editor's note: Whilst the Shire is no doubt aware of the clearing of feral weeds leucaena and forage sorghum this could hardly be described as 'illegal clearing' and Mr Chapple and the handful of local greens will be hard-pressed to find a precedent for a successful prosecution against someone performing a community service such as the clearing of feral weeds.

The above questions have been slightly paraphrased to make sense, as they were originally directed to the Minister.