Ms O’CONNOR question to MINISTER for PARKS and ENVIRONMENT, Mr DUIGAN
In the other place today you did not answer a very straightforward question we asked about Halls Island at Lake Malbena. I will put it in really clear, simple language. I trust you have a copy of the Halls Island lease.
Leaseholder Wild Drake Proprietary Limited has shut up shop and is the subject of wind up proceedings. Your responsibility as minister is to enforce the conditions of the lease, which clearly states that you have the power to terminate the lease in the case of insolvency or if the business ceases to operate. These are clauses 19(1)(g) and (f). Both of these things are true.
When will you inform yourself of the facts and dissolve the lease over Halls Island inside the Tasmanian Wilderness World Heritage Area?
ANSWER
Mr President, I thank the member for the question. As stated previously in the other place, the proponent has responded to a request by the Australian Government and has submitted additional information as part of EPBC referral. It is a matter for the Australian Government to review any relevant information and provide advice to the proponent directly- and awaiting the decision of the minister, Ms Plibersek.
As regard to legal matters, I am aware the environmental organisations lodged proceedings with the Federal Court of Australia in relation to legal costs to be paid by Wild Drake, and as I said this morning, any recent judgments and proceedings are a matter for the proponent. Given this involves legal matters, I will not be providing a running commentary on that. I am advised by the department that all lease and licence payments to the government are up to date.
SUPPLEMENTARY QUESTION
Ms O’CONNOR (Hobart) – I note that the minister did not answer the question again. The question is when will you, as minister, cancel that lease over Halls Island for a company which is now insolvent?
Mr DUIGAN – I think it is important that I do not set out to predict outcomes that lie in the future. As I say, all these payments liable to the government are up to date.
Ms O’CONNOR – Is it your intention, minister, to leave the lease with Wild Drake? Or is the government’s intention to cancel that lease? Without having to give a time frame, do you think a lease should be held by an insolvent entity on an island in the TWWHA?
Mr DUIGAN – Mr President, as I say, it is important to recognise that all payments owed to the government are up to date. On any matters pertaining to that particular lease, I will take advice from the department and form a view.
Ms O’CONNOR – Point of order. I bring your attention to the fact that three times a question has been asked. I understand you cannot put words in a minister’s mouth, but it is unsatisfactory to have a minister answer a question that was not asked. I did not ask him about payments outstanding on the lease. I raise this as a point of order because we cannot have ministers choosing what questions they answer or reframing the question and giving the answer they please.
Mr PRESIDENT – That does not pertain to a point of order, but I will take it on board. The minister has the right to answer or not answer the question as he sees fit.
