Beverley McArthur MP, Member for Western Victoria Region, Shadow Parliamentary Secretary for Roads and Road Safety (Vic), Media Release, 3 April 2023

The Victorian Minister for Regional Development has completely avoided answering a question in the Victorian Parliament regarding the forced takeover of private land near the 12 Apostles.

The Government appears hellbent on compulsorily acquiring 32 hectares of land from the Nesseler family whose property sits directly opposite the 12 Apostles on the Great Ocean Road near Princetown.

For many years, the family has proposed developing a world class facility on the site that would greatly enhance the tourism potential and amenities for the area.

In October 2019, the former Minister for Regional Development, Jaclyn Symes, met the family and stated that no compulsory acquisition would happen.

However, the Victorian Government has since reneged on that position, preferring instead the use of $100+ million of federal and state taxpayer funds for the development of a government controlled commercial enterprise.

Member for Western Victoria, Bev McArthur, directed her questions on the compulsory acquisition to the new Regional Development Minister, Harriet Shing.

“Compulsory acquisition powers legalise state confiscation of private assets and, as such, should only be a last resort where no alternative is available and there is an overwhelming public interest argument.

“Yet your department plans the hostile and forcible acquisition of 32 hectares of land from the Nesseler family despite their willingness to invest private money and develop the site.

“Since Minister Symes promised no compulsory acquisition, what has changed to justify this confiscation?” Mrs McArthur asked.

The Minister responded with gushing words about the importance of regional development and the need to add the “…necessary level of amenity” in which the “…cultural and environmental context for this is also a key part…”

She emphasised the project’s importance for the Commonwealth Games and tourism. Minister Shing also talked about the Geelong City deal and ongoing discussions with the Nesseler family.

But at no point did she deny the compulsory acquisition or define the changed circumstances to substantiate the back-flip. Mrs McArthur pursued the avoidance.

“To forcibly acquire this family’s land simply because the government prefers different owners is beyond disgraceful.

“It is state-sanctioned theft.

“Your letter to the family states that you will exempt the scheme from the requirement for prior reservation, a process that allows for consultation. Such an exemption is normally given for minor acquisitions or in case of particular urgency.

“This matter is neither of those.

“This is a vast and long-term project.

“Why are you removing another safeguard of the private property rights which define civilised society?” Mrs McArthur asked.

The Minister reiterated the delivery of “…environmental, cultural, visitation and economic benefit to our regions” and the commitment to “…doing this project properly and to do the right thing by everybody who enjoys and indeed relies upon the Shipwreck Coast for all the benefits that it delivers”.

The answer again failed to address the compulsory acquisition question.

“Worse than that, she is implying that the Nesseler family cannot comprehend the cultural and environmental matters at play or deliver the project to standard.

“She couldn’t be further from the truth.

“And by totally avoiding a very simple question, she couldn’t be more defiant of the rights of every Victorian.

“Given the rules have clearly changed, the question now is this: whose house and property are next?

“We also need to understand what impact, if any, the Native Title provisioned for this area of Victoria last week will have on this land.

“If compulsory acquisition continues, the land be in state hands, but whose?”