The bickering between the Territory and the Commonwealth over the sale of a parcel of Commonwealth land in Tuggeranong is not helpful to orderly planning in the ACT. Nor is it helpful to ACT businesses, particularly those in Tuggeranong who had no warning that such a large parcel – 53,500 square metres or the size of 80 suburban housing blocks – would come on the market. The land comes on the market outside the ordinary planning context of the city. Buyers lining up at the auction will have no idea as to what use might ultimately be permitted by the Territory Government.
The Commonwealth is technically and legally correct in asserting the power to sell. The land was national land at the time of self-government, but the Commonwealth has no long-term use for it. The ordinary meaning of the self-government legislation should mean that the land would revert to Territory control, because national land is land that the Commonwealth is using or intends to use. But the legal meaning “”use” also means to sell.
Continue reading “2002_05_may_leader06may land squabble”