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29 August, 2008 - Legal opinion to ACTPLA: Unlawful to approve data centres on Broadacre


Development CANNOT proceed on this site

CPR Inc's Solicitors have issued the legal opinion to ACTPLA that they cannot lawfully approve the development as the data centres are not a "communications facility", which is what the development application purports the data centre buildings to be.

The legal opinion concludes that the development cannot go ahead:
"Because the data centres component of the proposed development is not a "communications facility", approval of the proposal would be contrary to section 8 of the Land Act and hence is a course not lawfully open to ACTPLA."

Download the legal opinion here ( Adobe PDF 0.9Mb ) - J.S. O'Connor Harris & Co. - 29 August 2008

Chief Minister's commitment to uphold lawful planning process (MP3 Audio 1.7Mb) - ABC 666 - 29 August 2008

Data centre not allowed on planned site: lawyer (JPEG Image 152Kb) - Canberra Times - 30 August 2008

Care of Plans Neil Savery, Chief Planning Executive ACTPLA - Canberra Times Letters - 04 September 2008
Disclaimer: This web site was created to aid Canberra residents in gaining information regarding the ACTEWAGL proposed development of a major utility gas-fired power station and data centre. The contents of this site have been provided by other concerned residents who do not have the resources, either time nor money, that ACTEWAGL have to commission investigations, surveys and reports. These residents do have some skills and expertise in the areas they have provided details. They may make mistakes in their figures, especially those relating to high technology. They did not do this deliberately to mislead and any corrections are welcomed. We ask that you use this web site as a source of information and research details for yourself. The creators of this web site do not support all the views contained on this web site and again stress this site is provided as a resource for Canberrans to gain information and support research into this $2 billion project. It will affect you - use your voice.