January 27, 2021 - Statement in relation to Port Hinchinbrook Conformed Deed

27 January 2021

Statement attributed to Mayor Mark Nolan:

“So as to clarify my comments made during the 21 January Local Government meeting relating to the resolution to reject the State’s offer relating to the Port Hinchinbrook Sewage Treatment Plant I advise:

Firstly, that P & E Law provided privileged advice in relation to the application of the conformed deed.

This advice covered benefits in maintaining the conformed deed as part of a suite of advice the Council received in relation to the offer by the State in relation to the sewerage treatment plant.

In addition to advice from P & E Law council also received advice in relation to capital costs and ongoing operational costs of the sewerage treatment plant.

Ultimately Council considered the report published in the agenda and resolved to decline the State’s offer.

Secondly, in regard to comments I made about P & E Law drafting or writing the conformed deed, I can advise that one of the directors of P & E Law was engaged by the former Cardwell Shire Council in his capacity as a partner of another firm.

At the time, the partner drafted an agreement between the Council, the state and Cardwell properties Pty Ltd which was referred to as the tripartite agreement.

Over time that agreement was amended which included the Commonwealth as a party and became known as the conformed deed.”