Qld: Fed govt could legislate over Tugun Bypass: Beattie

AAP General News (Australia)
04-05-2004
Qld: Fed govt could legislate over Tugun Bypass: Beattie

By Nikki Todd, State Political Correspondent

BRISBANE, April 5 AAP - The federal government may have the constitutional power to
allow the controversial Tugun Bypass to be built, new advice from Queensland's solicitor-general
indicates.

The bypass, which straddles the NSW-Queensland border south of the Gold Coast, has
become a political hot potato, with the NSW government refusing to allow the road to be
built on its land west of Coolangatta airport for environmental reasons.

This has forced Queensland to propose an unpopular eastern route necessitating the
resumption of at least 14 homes.

Without support from both states, federal Transport Minister John Anderson has refused
to contribute funds to help build the $360 million bypass.

Mr Anderson has also refused to intervene in the stalemate, saying he does not have
the power under existing legislation to overrule NSW's decision.

But Queensland Premier Peter Beattie said today legal advice indicated the Commonwealth
could create new legislation to allow the road to be built, under Section 51 of the Constitution.

"The Queensland government has never said that existing legislation can be used to
force NSW to build the road," Mr Beattie said.

"That is why our legal advice from the Queensland solicitor-general talks about using
constitutional powers to create new legislation to allow the road to be built."

Mr Beattie said the Easter weekend would once again highlight the desperate need for
the bottleneck to be eased.

"The Easter weekend is traditionally a busy time on the road and this is when the Tugun
section turns from a crawl into a standstill," he said.

"It's about time Mr Anderson took this project out of the too-hard basket and put it
in the Easter basket for Gold Coast residents."

AAP nt/sc/jv/de

KEYWORD: TUGUN

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