Puckapunyal Landfill Site

Senator Evans asked the Minister for Defence, upon notice, on 17 November 2004:

1. When did the department first become aware of the Mitchell Shire Council's plans to build a refuse tip in the vicinity of the army base at Puckapunyal.
2. (a) What is the exact distance of the proposed site from the entrance to the Puckapunyal base; and (b) how big is the site.
3. (a) When did the department first raise concerns with the Mitchell Shire Council about the proposal to use the land for a refuse tip; and (b) how were these concerns raised, for example, by letter, face-to-face meetings etc.
4. Who raised the concerns with the council.
5. When was it decided that the department would seek to compulsorily acquire the proposed landfill site.
6. Who made this decision.
7. On what basis was this decision taken.
8. How much will it cost the department to acquire the land.
9. (a) Is the Minister aware that the Victorian Civil and Administration Tribunal (VCAT) found that the department's concerns about the proposed landfill site were not substantiated; and (b) why was this decision not accepted by the Commonwealth.
10. Was it always the Commonwealth's intention to compulsorily acquire the proposed landfill site, regardless of the outcome of the VCAT's deliberations; if so; why.
11. Given that the VCAT found that the department's concerns were not justified, why has the Commonwealth now compulsorily acquired land at this site to prevent the building of the tip.
12. Has the Commonwealth valued the site; if so: (a) when; (b) what was the value of the site; and (c) can a copy of the valuation be provided.
13. When was the law firm Clayton Utz first engaged to advise the Commonwealth on this matter.
14. Can a list be provided of all Clayton Utz lawyers who have represented and/or advised the Commonwealth in respect of this matter.
15. How much has been paid to Clayton Utz in respect of this matter.
16. (a) What other law firms were engaged to provide advice and/or representation on this matter; (b) was the Australian Government Solicitor engaged; and (c) how much were they paid.
17. (a) How much has the Commonwealth spent on legal advice and/or representation in respect of this matter; and (b) can a breakdown be provided of all legal expenses in respect of this matter.

Senator Hill - The answers to the honourable senator's questions are as follows:

1. Formally on 11 June 2001.
2.  
   1. 3.2 kilometres.
   2. The overall landfill site area is approximately 110 hectares.
3.  
   1. 28 June 2001.
   2. Defence raised its concerns at a face-to-face meeting with the council at Puckapunyal.
4. The Puckapunyal Military Area Army Representative and the Regional Manager Defence Estate Organisation.
5. No decision was made by Defence to compulsorily acquire the proposed landfill site.
6. 7. and 8. Not applicable.
9.  
   1. Yes.
   2. The decision has been accepted.
10. and 11. See my response to (5) above.
12. Yes.
    1. 26 May 2004.
    2. and c. The valuation report is commercial-in-confidence.
13. 1 October 2001.
14. No.
15. $220,334.83.
16.  
    1. None.
    2. No.
    3. Not applicable.
17.  
    1. See my response to (15) above.
    2. No.

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