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Peter Wellington’s full speech in parliament of Powerlink’s “bully boy tactics”

PART 1 – Powerlink (9 September 2008)

Mr WELLINGTON (Nicklin—Ind) (10.15 pm): Powerlink, a Queensland government owned corporation, is investigating building a new high-voltage power line from Woolooga to a new substation site west of Eumundi on the Sunshine Coast. As a result of the investigation of this proposed corridor, a number of legal questions have arisen involving the legal right of Powerlink and its agents to have unrestricted access to the existing Powerlink easement on private land, unrestricted access to enter adjoining private land to the existing Powerlink easement and unrestricted access to enter private land to undertake investigations pursuant to the Acquisition of Land Act 1967.

I understand that a property owner affected by the proposed new high-voltage power line in good faith and after first believing he had exhausted over six months of direct correspondence with Powerlink whereby each issue he raised still remained unresolved was left with no alternative other than to seek a court hearing for clarification of his issues of concern. I understand that Mr Cooney, out of sheer frustration with Powerlink’s response to his concerns, brought an action in the Maroochydore District Court which in part sought a number of declarations on the interpretations of state laws and the applicable powers that Powerlink and its agents have relied upon. I understand that Powerlink’s legal team did not file an answer or defence to the application but instead were successful in convincing the judge that the application should be dismissed and that Mr Cooney should pay legal costs. I understand the costs could be as high as $20,000.

I am appalled at Powerlink’s bullyboy tactics in pursuing an ordinary member of the community, pursuing Mr Cooney, and lobbying that he should pay Powerlink’s legal team costs. I believe that this is a simple strategy used by Powerlink to intimidate landowners so that Powerlink always gets its way without question. Most people cannot afford District Court or Supreme Court filing fees for hearings. I believe this case demonstrates that Powerlink is not genuine in its publicised claims that it will respect landowners’ rights.

Powerlink is a Queensland government owned corporation and I believe should only claim the recovery of its legal costs against a person where there are overwhelming grounds like when someone is a vexatious litigant, which clearly Mr Cooney is not. I again use this opportunity to call on the Minister for Mines and Energy to take this matter up with Powerlink management to see that Mr Cooney does not have to pay Powerlink’s legal team costs.

I also take this opportunity to call on the Premier to bring her community cabinet meeting to the hinterland of the Sunshine Coast and the Gympie region to visit the Imbil and Federal area and see firsthand the problems with the Bruce Highway and the need for that Bruce Highway section to have the speed limit reduced. We have a problem there: many people have been killed. All we are asking for is the speed limit to be reduced. We do not need more investigations; we need the speed limit to be reduced. Surely if the Premier is going to take her cabinet ministers around the state, why can’t she come to the proposed Traveston Dam area? Come to Imbil and come to Federal.

PART 2 – Eerwah Vale, Powerlink (10 September 2008)

Mr WELLINGTON (Nicklin—Ind) (11.51 am): Last night I spoke about the bullyboy tactics used by Powerlink, a Queensland government owned corporation, in intimidating landowners who question its powers and actions. Yesterday in this House the Treasurer said, “Our government owned corporations must strike the right balance between business and the valid expectations of Queensland taxpayers.”

I now take members to Powerlink’s most recent annual report tabled in parliament late last year. I note that the shareholding ministers were the Deputy Premier, the Treasurer, the minister for infrastructure and the Minister for Mines and Energy. At page 7 of the report it says —

We seek to generate and maintain goodwill with affected landowners. We foster and value long-term relationships that endure throughout the planning, development and maintenance of our transmission assets.

The chairman said at page 11 of the report —

We understand the value of our relationship with members of the communities in which we operate and the need to work to earn and maintain the respect of individuals within those communities.

I do not believe the words used in the most recent Powerlink annual report accurately reflect what is happening on the ground in Queensland in real life. In my community on the Sunshine Coast a landowner who dared to question Powerlink’s powers and actions in the Maroochydore District Court lost his application for declaration of the law. Then Powerlink’s legal team went in for the final kill. They knew Mr Cooney was not legally represented and they sought orders that he pay Powerlink’s legal team’s costs which are currently being calculated, and could be as high as $20,000. I table a copy of Mr Cooney’s short chronology of events for the record and for the benefit of all members and the minister.

Tabled paper: Copy of email, dated 26 August 2008, from Nicklin electorate office to Lynette Mason, attaching email from Mr Jim Cooney to Mr Wellington relating to costs award in favour of Powerlink.

I believe Mr Cooney’s case clearly shows that Powerlink’s annual report should not be taken at face value. How many other comments contained in this annual report should be questioned and thoroughly scrutinised? I believe there is no valid case for Mr Cooney to have to pay Powerlink’s legal team’s costs for this matter. Powerlink’s agenda is to send a clear message to Queenslanders — “Don’t challenge us in the courts because we will bring in the best legal brains and fight you all the way.”

To contact Peter Wellington with your stories, to share your thoughts on what he said in parliament or to provide feedback on this issue or others like it, he can be contacted at this email address – nicklin@parliament.qld.gov.au.

Source: Hansard (Transcript of Debates) (9 and 10 September 2008)