Government acts to retain public ownership of Yallingup land

25/6/02
Attorney General Jim McGinty says legislation being debated in Parliament today will ensure 13ha of prime beachfront land in Yallingup is retained for all Western Australians.
Mr McGinty said the State Government had been forced to introduce specific legislation to reverse the damage caused by two former Liberal Ministers, whose actions had jeopardised the State's ability to retain public ownership of the land.
The land was set aside for public use 64 years ago and Mr McGinty said it rightly belonged to the people of WA.
"The reality, however, is that all of the land could be lost to a private claimant because of the actions of two former Liberal Lands Ministers, George Cash and Doug Shave," he said.
"Their extraordinary decision to waive a key defence in ongoing court action over the land's ownership - against the advice of departmental officers and the Crown Solicitor's Office - has seriously compromised the State's ability to mount its case.
"As a result, if the present Government doesn't legislate to protect the land, which is worth millions of dollars, there is a real risk it will be handed to a private claimant for just $3,600 - a value determined under law by the value of the land 64 years ago."
Mr McGinty said the land was resumed by the State in 1938 from Thomas Hammond for use as a public recreation area.
Most of the land remains in its natural state, with the addition of a public road, car parking area and barbecue and picnic area. A portion has also been leased for a private caravan park, and a further area is used as a fire brigade depot.
The land is being claimed by Thomas Hammond's son, Garth Hammond, using provisions of the Public Works Act, which no longer exist, that gave scope for landowners to repurchase resumed land if it was not required for the purpose it was resumed. Mr Hammond is alleging unlawful use and invalid resumption.
Mr McGinty said a key defence to the court action by Mr Hammond involved the statute of limitations, which the State would have argued precluded the claim. However, the various waivers provided to Mr Hammond by Mr Shave and Mr Cash had compromised this defence.
Minister's office: 9220 5000