Skip to main content
Home
  • The Legislative Assembly meets on 07/05/2024 (01:00 PM)
    Assembly sit 07/05/2024
  • The Legislative Council meets on 07/05/2024 (01:00 PM)
    Council sit 07/05/2024
  • The Public Administration meets on 29/04/2024 (11:00 AM)
    Committee meet 29/04/2024

Parliamentary Questions


Question Without Notice No. 949 asked in the Legislative Council on 16 October 2018 by Hon Peter Collier

Parliament: 40 Session: 1

ALBANY WAVE ENERGY PROJECT — CARNEGIE CLEAN ENERGY — FINANCIAL ASSISTANCE

949. Hon PETER COLLIER to the Minister for Regional Development:

I refer to the minister's response to question without notice 885, asked on Tuesday, 9 October.

(1) Was the legal advice that the government received to the effect that the government was obliged to pay $2.625 million?

(2) If yes to (1), was the obligation in relation to the original agreement or the renegotiated agreement?

(3) When was the legal advice sought and received?

Hon ALANNAH MacTIERNAN replied:

(1) Yes.

(2) The obligation was in relation to the variation to the financial assistance agreement. Milestone 1 in the original FAA was in dispute regarding the interpretation of whether procurement of the common-user infrastructure had been demonstrated. The Department of Primary Industries and Regional Development and Carnegie negotiated a variation, which DPIRD believed mitigated the risk to the state while still honouring the contractual obligations to Carnegie. The variation prepared, following advice from DPIRD's internal counsel, included a staged payment arrangement for milestone 1, which limited the state's financial exposure to payment of the full milestone. DPIRD sought legal advice on the state's options regarding payment of the renegotiated milestone following Carnegie's releases to the ASX and the resignation of the chief executive officer.

(3) Legal advice was sought and received over the period 3 to 5 October 2018.