Quarry Sale Breaches Law - Humphries Gives Consent

Wayne Berry - Opposition Spokesperson on Employment

Media Statement - 18 July 2001

The ACT Chief Minister, Gary Humphries, has consented to the sale of a public asset which failed to comply with the Territory Owned Corporations Act 1990, Labor Shadow Employment Minister Wayne Berry said today.

Mr Berry's statement follows a series of controversies over the sale of 50% of the Williamsdale Quarry, previously wholly-owned by Totalcare. Totalcare is an ACT Government Owned Corporation.

"The Territory Owned Corporations Act (TOC Act) requires an ACT Legislative Assembly resolution approving the disposal. No such resolution has been considered by the Assembly," Mr Berry said.

Mr Berry revealed legal advice which confirms a breach of the TOC Act. Consent was given for the sale by the Chief Minister Gary Humphries (then Treasurer and Attorney General) and the then Chief Minister.

Mr Berry went on to say, "This breach of Territory law has parallels with the unlawful spending associated with the Bruce Stadium fiasco where the ACT Government ignored the law. But this time we have Gary Humphries' signature approving the joint venture, without the approval necessary under the TOC Act.

"Mr Humphries can't plead ignorance either. When arguing for the ACTEW/AGL joint venture he said:

  • 'Members will recall that there is a requirement under subsection 16 (4) of the Territory Owned Corporations Act for approval to be obtained by the Assembly before there is any disposal of the main undertakings of the Territory or its territory owned corporations.' - Hansard 7 March 2000

In addition on 24 January 2000 Mr Humphries, as a voting shareholder, approved the disposal of 50% of the Williamsdale quarry as is required under the Act ignoring a provision in the same section of the legislation requiring Assembly approval .

"Time after time over the last 6 years the Liberals have been caught up in mismanagement financial disasters including unlawful spending. Well here we go again - an asset disposed of without the approval required by law," Mr Berry concluded.