Dear All,
1. It was reported in the local SMH Newspapers today that
a. "AMID rising opposition to the State Government's proposed planning reforms, the (NSW) Planning Minister, Frank Sartor, is expected to drop a controversial plan to allow state and local governments compulsorily to acquire private land to sell to developers."
b. "State and local governments now cannot sell land that has been acquired from a private party or transfer it to another person. "
c. " The proposed amendments to the planning act make it clear that it may be done as part of a profitable proposal by a private developer if it meets a test of "net public benefit".
d. The proposed change, described by legal authorities as remarkable because it impinges on property rights, is opposed by all opposition parties, including the Shooters and Christian Democrats.
e. ".. Mr Sartor would say that the draft bill had to be discussed by cabinet (first). "One option is whether to let the court decide the issue," he said. "The State Government has got significant compulsory acquisition powers anyway, so I don't think we need new legislation."
f. "The Liberal Party and the Greens want an upper house inquiry into the proposed changes."
g. "It is all well and good for the Government to have those powers for essential things, but this is clearly much broader than that and provides opportunity for misuse," said a Shooters Party MLC, Roy Smith. He said the party could not support compulsory acquisition at all."
http://www.smh.com.au/news/national/compulsory-purchase-backdown/2008/05/09/1210131264148.html
2. Do you agree that State Govt and Local Councils in Australia, should be allowed to compulsorily acquire private lands for sale to developers, in first place?
3. What are the various existing Laws governing the Compulsory Land Acquisition in Australia, at this point in time?
4. How are existing land owners' legal rights properly safeguarded, at this point in time?
5. Are the existing safeguards adequate and effective to protect the existing land ownership rights in the various Australian States?
6. Do such Compulsory Land Acquisition Laws in Australia, varies from State to State, in its legislations, laws practices and subsequent enforcement procedures, on the ground
7. When enacted in the near future, how will this new Laws affect the legal property rights of existing land owners in Australia?
8. How are the lands being presently identified and compulsorily acquired within Australia, at this point in time?
9. What is the present officially deemed to be the acceptable "reasonable" compensation rate for lands to be acquired compulsorily?
10. How can existing land owners' property rights be properly safeguarded if such Compulsory Land Acquisition Laws should be enacted in NSW/Australia in the near future?
11. How will the various housing markets in Australia be eventually affected by these Compulsory Land Acqusition Laws?
12. For your further comments and discussion, please.
13. Thank you.
Cheers,
Kenneth KOH
1. It was reported in the local SMH Newspapers today that
a. "AMID rising opposition to the State Government's proposed planning reforms, the (NSW) Planning Minister, Frank Sartor, is expected to drop a controversial plan to allow state and local governments compulsorily to acquire private land to sell to developers."
b. "State and local governments now cannot sell land that has been acquired from a private party or transfer it to another person. "
c. " The proposed amendments to the planning act make it clear that it may be done as part of a profitable proposal by a private developer if it meets a test of "net public benefit".
d. The proposed change, described by legal authorities as remarkable because it impinges on property rights, is opposed by all opposition parties, including the Shooters and Christian Democrats.
e. ".. Mr Sartor would say that the draft bill had to be discussed by cabinet (first). "One option is whether to let the court decide the issue," he said. "The State Government has got significant compulsory acquisition powers anyway, so I don't think we need new legislation."
f. "The Liberal Party and the Greens want an upper house inquiry into the proposed changes."
g. "It is all well and good for the Government to have those powers for essential things, but this is clearly much broader than that and provides opportunity for misuse," said a Shooters Party MLC, Roy Smith. He said the party could not support compulsory acquisition at all."
http://www.smh.com.au/news/national/compulsory-purchase-backdown/2008/05/09/1210131264148.html
2. Do you agree that State Govt and Local Councils in Australia, should be allowed to compulsorily acquire private lands for sale to developers, in first place?
3. What are the various existing Laws governing the Compulsory Land Acquisition in Australia, at this point in time?
4. How are existing land owners' legal rights properly safeguarded, at this point in time?
5. Are the existing safeguards adequate and effective to protect the existing land ownership rights in the various Australian States?
6. Do such Compulsory Land Acquisition Laws in Australia, varies from State to State, in its legislations, laws practices and subsequent enforcement procedures, on the ground
7. When enacted in the near future, how will this new Laws affect the legal property rights of existing land owners in Australia?
8. How are the lands being presently identified and compulsorily acquired within Australia, at this point in time?
9. What is the present officially deemed to be the acceptable "reasonable" compensation rate for lands to be acquired compulsorily?
10. How can existing land owners' property rights be properly safeguarded if such Compulsory Land Acquisition Laws should be enacted in NSW/Australia in the near future?
11. How will the various housing markets in Australia be eventually affected by these Compulsory Land Acqusition Laws?
12. For your further comments and discussion, please.
13. Thank you.
Cheers,
Kenneth KOH
