Fitzgerald Inquiry: Local Improvements

Section: 2.4.2 Transactions by some Ministers and Others

Part: (B) 

(1) The Duaringa-Apis Creek Road

The Mackenzie River runs through or along the “Ten Mile” and “Crystal Waters”, and the Duaringa-Apis Creek Road runs northward from near the Capricorn Highway at Duaringa, through “Crystal Waters” and the “Ten Mile” to meet the Sarina Road and the Bruce Highway near the the town of Marlborough. The road passes through the Shire of Livingstone and the Shire of Duaringa, in which both properties were initially located. Bjelke-Petersen discussed the condition of the road with local residents and, early in April, 1982, he met the Chairman of the Duaringa Shire Council in Brisbane to discuss the funding of road improvements. It was decided to request the Main Roads Minister, Hinze, to take steps to have the road declared a main road, so that the cost of maintaining it would be met by the State Government, not the Shire Councils. Bjelke-Petersen “probably” passed on to Hinze his “concern on behalf of all the people who live there”, who were not residents of his electorate. Despite his expressed code of conduct, he considered that there was no need to inform Hinze of his family interest. In his evidence to this Inquiry, he said:

“Everybody from here to Perth to kingdom come knows about the Ten Mile and

who owns it. Everybody would know that. He would know that without me telling

him .... He would know that through the Main Roads Commissioner with whom

I discussed the details of this road ....”.

On 1 July, 1983, a declaration of the Duaringa-Apis Creek Road as a secondary road was gazetted, with the effect that the Commissioner of Main Roads assumed responsibility for the upkeep and construction of the road. On the previous day, there was a decision by the Governor in Council that $377,000 should be spent on improvements to the road. That decision was not gazetted until 2 July, by which time the declaration of the road as a secondary road had been gazetted. Altogether more than $1.5M was spent on the road. In August, 1983, Bjelke-Petersen became Treasurer as well as Premier. On 9 June, 1984, an allocation of $609,000 for further improvements to the road was gazetted; on 24 April, 1986, further works at an estimated cost of $209,000 were approved; and, on 21 April, 1988, after Bjelke-Petersen ceased to be Premier and Treasurer, further improvements of $358,000 were approved. Whatever the reasons, and there may have been a number in each instance, there were significant improvements and changes in the area after Ciasom Pty Ltd. acquired the properties.

(2) Shire Boundaries

On 21 April, 1984, a change in the boundaries of the Shires of Duaringa, Fitzroy and Livingstone was gazetted.

Both the “Ten Mile” and “Crystal Waters” were excluded from the Livingstone Shire and included wholly within the boundaries of the Duaringa Shire. One result was that Ciasom Pty. Ltd. became liable for less by way of rates, an initial saving of about $4,145.22 per annum. That seems an unlikely reason for the change particularly as the rate position could change in subsequent years.

(3) The Tartrus Weir

When Ciasom Pty. Ltd. acquired the “Ten Mile”, it had “adequate” water supplies, according to Water Resources Commission estimates, but the river flats were undeveloped and covered in brigalow scrub, there were no water pumping or irrigation facilities on the land and there was no regular supply of water from the Mackenzie River. In 1983 investigations were carried out in relation to a proposed weir on the Mackenzie River. In November, 1983, discussions took place between the Department of Primary Industries and the Water Resources Commission, in the course of which the Water Resources Commissioner advised an officer of the Department of Primary Industries that there was no need to delineate specific imgable areas because of representations which Bjelke-Petersen had made.

When Cabinet met on 6 February, 1984, the Minister for Primary Industries, the Hon. Neil John Turner, M.L.A., and the Minister for Water Resources and Maritime Services, the Hon. John Philip Goleby, M.L.A., presented a joint submission recommending that Cabinet give approval in principle for the construction of a weir at Tartrus on the Mackenzie River at an estimated cost of $4.02M. The Ministers’ submission noted that discussions had not been held with landholders who would benefit from the construction of the weir but proposed that, upon completion of the weir, water would be released as required and that landholders wishing to irrigate would be required to hold a current waterworks licence. Cabinet decided to defer a decision. Bjelke-Petersen was present at the meeting. After the Water Resources Commissioner discussed the Ministers’ submission with Bjelke-Petersen, it was decided by Cabinet on 13 February that the project should be discussed with landowners and that a further submission should be prepared. Bjelke-Petersen was again present at the meeting. In late 1984, on the advice of the Water Resources Commission, Ciasom Pty. Ltd. applied for a number of licences relating to the Mackenzie River and an anabranch. Licences were issued in January 1985, prior to Cabinet giving its approval for the construction of the Tartrus Weir. On 16 April, 1985, after Bjelke-Petersen left the Cabinet room, Cabinet gave its approval for the construction of the Tartrus Weir on the Mackenzie River, which was completed by late 1986. The “Ten Mile”, and other properties in the region, have benefited significantly from the weir’s construction.