Morven, and that it is considered appropriate that Notices of Intention to Acquire be served upon

Transcription

1 Queensland Government Department of Natural Resources and Mines Author: Bob Hodge Government Land Acquisitions Phone: (07) File / Ref number: CBD/ Your Ref: 19 September 2014 E Munn, E Walker, B Faulkner, K Kearns, B Saunders, M Foster and R Finlay Gunggari People #4 c/- Queensland South Native Title Services Limited PO Box ADELAIDE STREET BRISBANE Q 4000 Dear Sirs and Mesdames It is hereby advised that the State proposes to acquire for alienating in fee simple for residential purposes the native title rights and interests (if any) in Lots 5, 6, 7, 8 and 9 on plan M23221, being estates in housing land vested in the Department of Housing and Public Works (DHPW) at Morven, and that it is considered appropriate that Notices of Intention to Acquire be served upon all interested parties. Accordingly, a Notice of Intention to Acquire the native title rights and interests (if any) in relation to the land and waters concerned is hereby served upon you. Also enclosed is a Background Information Statement, prepared by DHPW, explaining why the State is intending to take the native title rights and interests (if any) in relation to the land and waters concerned. Additional information to which you can be given access upon request includes the following (if in existence): the real property description and address sufficient to readily identify every piece of land considered by the State as a viable alternative to the subject land; all relevant selection criteria documents in existence stating the policy for choice of location of sites for the particular purpose specified in the Notice of Intention to Acquire; and cl 2 2 SEP 20H Level 15,61 Mary Street Brisbane Qld 4000 PO Box City East, Brisbane Qld 4002 Telephone (07) Facsimile (07) Website ABN

2 any relevant reports to the State detailing investigations of potential sites for acquisition for the relevant purpose. As far as the acquisition process is concerned and by way of explanation, it is advised that the following procedures, which are in accordance with the provisions of the Acquisition of Land Act 1967 and section 24MD(6A) of the Native Title Act 1993 (Cth), will be undertaken: Service of the Notice of Intention to Acquire which is being done with this letter. Following the latest date for objections and provided no objections are lodged, Governor in Council approval would be sought for the publication of a gazette resumption notice acquiring the native title rights and interests (if any) in the land for alienating in fee simple for residential purposes. As indicated in the Notice of Intention to Acquire, you may object in writing to the proposed acquisition and state in your objection that you desire to be heard in support of the grounds of your objection. The objection hearing is a forum at which you are given the right to elaborate upon and explain the basis of your objection. If an objection is lodged, it will be given due consideration by the State. The decision for upholding or dismissing the objection rests with the Minister for Natural Resources and Mines or his delegate. Should the objection be upheld, the acquisition would be discontinued. Should the objection result in the decision that the Notice of Intention to Acquire be amended, it would be amended. Should the objection be dismissed, Governor in General approval would be sought for the publication of a gazette resumption notice acquiring the native title rights and interests (if any) in the land for alienating in fee simple for residential purposes. Compensation for the acquisition of the native title rights and interests (if any) in relation to the land and waters concerned is recoverable under and in accordance with the provisions of the Native Title Act 1993 (Cth). Please feel free to contact Bob Hodge on telephone should you have the need to discuss any issues in the matter. Yours sincerely Bob Hodge Principal Property Officer Government Land Acquisitions Level 15, 61 Mary Street Brisbane Qld 4000 PO Box City East, Brisbane Qld 4002 Telephone (07) Facsimile (07) Website ABN

3 DATE ISSUED: 19 September 2014 NOTICE OF INTENTION TO ACQUIRE NATIVE TITLE RIGHTS AND INTERESTS Acquisition ofland Act 1967 Native Title Act 1993 (Cth) Native Title (Queensland) Act 1993 Postal: Government Land Acquisitions Department ofnatural Resources and Mines PO Box CITY EAST BRISBANE Q 4002 Office: Government Land Acquisitions Department of Natural Resources and Mines Level 15, 61 Mary Street BRISBANE Q 4000 TO: Ethel Munn, Erica Walker, Bernys Faulkner, Kathleen Kearns, Bradley Saunders, Marshall Foster and Reeghan Finlay Gunggari People # 4 C/- Queensland South Native Title Services Limited PO Box ADELAIDE STREET BRISBANE Q 4000 Notice is hereby given that pursuant to the provisions of the Acquisition of Land Act 1967, the State intends to take the native title rights and interests (if any) in relation to the land and waters described in the attached Schedule and shown on attached plan M23221 for alienating in fee simple for residential purposes. Background Information: A Background Information Statement prepared by the Department of Housing and Public Works explaining why the State intends to take the native title rights and interests (if any) is enclosed. Procedural Rights: The taking of the native title rights and interests (if any) is subject to the procedural requirements of the Acquisition of Land Act 1967 and section 24MD(6A) of the Native Title Act 1993 (Cth). Persons who are native title holders or registered native title claimants in relation to any part of the land and waters concerned have the same procedural rights as they would have in relation to the acquisition on the assumption that they instead held ordinary title to the land and waters concerned, as provided for by section 24MD(6A) of the Native Title Act 1993 (Cth). Persons who are native title holders or registered native title claimants in relation to any part of the land and waters concerned may object to the proposed taking and may be heard in support oftheir objection. To object they must:

4 1. Send a written Notice of Objection to the Department of Natural Resources and Mines at the above address on or before 28 October State in the Notice ofobjection: I. the grounds ofobjection; II. the facts and circumstances relied upon to support those grounds; and III. whether they wish to be heard in support ofthe grounds oftheir objection. Any matter pertaining to the amount or payment of compensation is not a ground of objection. If it is stated in a written Notice of Objection that the objector wishes to be heard in support of the grounds of the objection, the objector may appear and be heard at the office of the Manager, Government Land Acquisitions, Department of Natural Resources and Mines, Level 15, 61 Mary Street, Brisbane on 30 October 2014 at 11.30am. The objector may appear in person or be represented by counsel, solicitor or agent. If there are no native title holders or registered native title claimants in relation to any part of the land and waters concerned, any representative Aboriginal/Torres Strait Islander body or bodies for the area concerned may comment on the proposed compulsory acquisition. Any such comment should be made in writing and served upon the State at Government Land Acquisitions, Department of Natural Resources and Mines, PO Box 15216, City East Brisbane Q 4002 on or before 28 October The State is willing to negotiate to acquire the native title rights and interests (ifany) by agreement, or failing agreement, to treat as to the compensation to be paid and all consequential matters. For the purpose of section 26(l)(c)(iii)(A) of the Native Title Act 1993 (Cth), it is stated that the purpose ofthe acquisition is to confer rights and interests in relation to the land and waters concerned on the Department ofhousing and Public Works as a Government party. Compensation for the acquisition of the native title rights and interests (if any) in relation to the land and waters concerned is recoverable under and in accordance with the relevant provisions of the Native TitleAct 1993 (Cth).

5 Any enquiries relating to the proposed taking of the native title rights and interests (if any) may be directed to Bob Hodge, Principal Property Officer, Government Land Acquisitions, Department of Natural Resources and Mines on telephone (07) Reference: CBD/ The Delegate of the Minister for Natural Resources and Mines

6 SCHEDULE South Region Charleville Office County of: Orrery Parish of: Morven Description of Land in which the native title rights and interests (if any) are proposed to be acquired: (1) Lot 5 on Plan M23221 (2) Lot6onPlanM23221 (3) Lot7onPlanM23221 (4)Lot8onPlanM23221 (5)Lot9onPlanM23221 Area: (1) 1012 square metres (2) 1012 square metres (3) 1012 square metres (4) 1123 square metres (5) 1093 square metres Title Reference: (1) (2) (3) (4) (5)

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8 STANDARD MAP NUMBER HORIZONTAL OATUM:GDA94 Z0NE:55 SCALE 1 :5000 SUBJECT PARCEL DESCRIPTION CLIENT SERVICE STANDARDS PRINTED {dd/mm/yyyy) 09/07/2014 DCOB SmartMap An External Product of SmartMap Information Services Based upon an extraction from the DigitalCadastral Data Base Lot/Plan 7/M23221 Area/Volume Tenure 1012m' HOUSING LAND DCDB 08/07/2014 Local Government MURWEH SHIRE Locality MORVEN Parish MORVEN County ORRERY Segment/Parcel 42819/129 Users of the information recorded in this document (the Information) accept all responsibility and risk associated with the use of the Information and should seek independent professional advice in relation to dealings with property. Despite Department of Natural Resources and Mlnes(DNRM)'s bestefforts, DNRM makes norepresentationsorwarrantiesinrelationtothe Information, and, to theextentpermittedbylaw, exclude or limitallwarranties relatingto correctness, accuracy, reliability, completeness or currencyand allliability forany direct,indirectand consequentialcosts,losses, damages and expenses incurred inany way (includingbut not limitedto that arising fromnegligence) in connectionwith any use of or reliance on the Information Forfurther informationon SmartMap products visithttp://nnw.qld.gov.au/property/mapping/blinmap Queensland Government (c) The State of Queensland, (Department of Natural Resources and Mines) 2014.

9 BACKGROUND INFORMATION STATEMENT Lots 5, 6, 7, 8 and 9 on Plan M23221 are situated in the town of Morven and are vested in the Department of Housing and Public Works as estates in housing land. The department's Housing 2020 Strategy includes guiding principles to renew and reconfigure social housing and to better use social housing. The release of these properties for purposes relating to urban planning aligns with these principles. It has been revealed that native title rights and interests may exist in the properties and as a result, prior to the department further dealing with the land, it will be necessary for native title to be addressed. Following an investigation of options, the most viable approach to address native title is considered to be the compulsory acquisition of the native title rights and interests in the properties.