ALGA News

From the President

In its first three weeks of power, the Rudd Government has set a cracking pace. The signing of the Kyoto Protocol, developing its health and education agenda, and now the calling together of the Council of Australian Governments (CoAG) on December 20 in Melbourne. No wonder the Public Service is not expecting much of a break over the Christmas period!

The CoAG meeting is important for local government and I am looking forward to participating in discussions. The states have already signalled their goodwill, with Qld Premier Anna Bligh saying the talks will breathe new life into CoAG, and Victorian Premier John Brumby heralding a new era of cooperative federalism.

Local government will use its position at the Council of Australian Governments (COAG) and Ministerial Councils to continue to push for reforms, including the issue of fair funding. Drawing on the PwC report, we have already put the issue of local government financing on the COAG agenda and will work to ensure it stays there.

The Prime Minister, Kevin Rudd, has indicated that the purpose of next week's meeting was to agree on a comprehensive program of work for CoAG for 2008 with agreed objectives and reporting timelines. The meeting would focus on health, climate change, water, education, infrastructure and business deregulation. He said that health and hospitals, including the need to cut elective surgery waiting lists, the re-establishment of a public dental program and providing more aged care beds would dominate the talks. Mr Rudd has signalled that climate change talks would focus on the harmonisations of federal and state renewable energy targets and carbon trading schemes, and housing, infrastructure and business deregulation would also be discussed. Of interest to local government will be the establishment of Infrastructure Australia to audit Australia's infrastructure bottlenecks.

Mr Rudd said the meeting would set up a series of high-level task forces tackle the problems but that ending the 'blame game' between the states and the commonwealth would not be easy. In a break with previous practice, state treasurers would also attend the meeting.

"There are so many entrenched difficulties, entrenched prejudices in commonwealth-state relations going back more decades than any of us can count," he said. "The time has come to turn the page on that and to open a new page in the serious substantive reform of the federation."

Hear, hear, Mr Rudd!

National reform continues to be a pressing issue and must continue to be pursued by COAG. Unfinished business includes national competition policy in water, energy, transport, duplication and red-tape. Local government supports extending it to health care, education and taxation revenue reform, including providing local government with its fair share of taxation revenue.

This makes good economic sense. The Productivity Commission estimates national reform could add more than 10% or more than $100 billion to economic output. I look forward to the Federal Government spelling out its plan and working closely with the states and local government to ensure the federation works to its full capacity.

Cr Paul Bell AM
ALGA President

Alice Springs thanks former indigenous affairs minister

The Alice Springs Town Council is reportedly writing to the former Federal Indigenous Affairs Minister Mal Brough, thanking him for instigating the intervention in the Northern Territory's Aboriginal communities.

Mr Brough lost his Queensland seat in the election on November 24.

Mayor Fran Kilgariff was quoted saying that the proposed letter will express the council's appreciation and acknowledge Mr Brough's dedication to improving the welfare of Aboriginal people.

"He had a real passion for making changes. I suspect he didn't spend enough time in his electorate and he just spent so much time on an issue that I don't think was very much of a vote-winner for him in his own electorate.

"So council has decided that we would recognise the effort and the changes that he has been the instigator of here."

Ms Kilgariff says she's concerned the new Federal Labor Government won't follow through with the intervention.

"One of the worst things that could happen is that all these changes could be set in motion and then they would be either reversed or diluted because the funding or the political will is not there."

Cost shifting continues to impact councils

The Gold Coast City Council says a Queensland Government decision to make councils responsible for regulating 'commercial nuisance' issues like noise and dust pollution will be a large imposition.

Council's health and community services chairman, Bob La Castra, says it expects a one-off payment of about $250,000 from the Government in return for taking over the responsibly from the QLD Environmental Protection Agency.

Councillor La Castra says they will have to employ at least two new staff who will need be trained.

"It just seems to be a bit of a growing trend with the State Government to just keep dumping more and more onto local governments to regulate and administer without the resources the financial resources to carry it through," he said.

Albury facing challenges to address infrastructure upgrades

Albury Council in southern New South Wales has been told it needs to invest $100 million to fix the city's ageing infrastructure.

An independent report tabled at the council meeting this week suggests rate rises and increased charges to help pay for the work.

The report proposes a number of different scenarios, including a 4.6 per cent rate rise a year.

The council's general manager, Les Tommich, says it will also look for funding for the council and the Albury-Wodonga Corporation from governments.

"Talk to Government about the ways and means of getting increased revenue, talk to the Federal Government ... various other methods ... just perhaps entrepreneurial activities, all of those things combined as well as some rate increases will resolve the problem," he said.

South Australian councils worried!

Local councils are worried about the impact of proposed changes to managing South Australian Government services.

It is estimated the region's work force will be reduced by 54 full-time equivalent positions under the Government's shared services reform agenda.

Economic modelling undertaken by the Murray and Mallee Local Government Association found the reforms could have a local financial impact of $18 million.

The association's chief executive, Peter Campbell, says it is taking action.

"Certainly what we'll be doing is writing to the Minister, Minister Wright, who's taken on the responsibility for this particular initiative, State Government initiative," he said.

"We'll be expressing extreme concern regarding the timing of the Government's decision to implement this agenda, particularly in light of the drought and the impact on the communities in the Murray-Mallee region."

National Title Consultative Forum

ALGA attended the 18th meeting of the NTCF that met last week in Canberra. The Forum, as the term suggests, is an opportunity for a variety of government, industry, indigenous representative bodies and other public institutions to meet and share issues and information as it relates directly or indirectly on native title matters.

The Forum was chaired by Dr Rachel Bacon, Assistant Secretary, Native Title Unit, Classification, Legal Services and Native Title Division of the Federal Attorney General’s Department.

The Forum received comprehensive briefings from participating members that included updates on the status of various native title claims and determinations, registrations of Indigenous Land Use Agreements and proposed changes to a number of native title representative bodies, particularly those in Queensland.

The Forum also received briefings on the contemporary experiences with native title from the mining industry, with a representative from Newmont Mining providing a presentation on mining activity in an era of sustainable development imperatives.

The Native Title Act 1993 gives native title holders and registered native title claimants significant procedural rights about proposed activities such as mining on their traditional lands. However the types of benefits that can be negotiated depend on the parties and issues involved.

The next Forum meeting is scheduled for 14 March 2008.

Another legal precedent gives weight to climate change consideration

In the recent case of Walker v Minister for Planning [2007] NSWLEC 741 a successful challenge was brought to the validity of a concept plan approved by the Minister for Planning under the Environmental Planning and Assessment Act 1979. The concept plan was for a residential subdivision and a retirement development on approximately 25 hectares at Sandon Point.

Walker argued that the Minister's decision should be voided on a number of grounds, including that the Minister failed to consider the principle of ecologically sustainable development (ESD). In particular Walker submitted that the Minister had not considered whether the impacts of the proposed development would be compounded by climate change; the Minister had failed to consider whether changed weather patterns would lead to an increased flood risk in connection with the proposed development in circumstances where flooding was identified as a major constraint on development of the site.

After considerable deliberations, including legal reviews of other recent decisions made in NSW and United States, the Court concluded that in order to properly exercise discretion, the Director-General should have considered the climate change flooding risk as it was an aspect of the public interest that potentially had a direct bearing on the justice of the decision.

The Court subsequently stated that "...having regard to the subject matter, scope and purpose of the EPA Act and the gravity of the well-known potential consequences of climate change, in circumstances where neither the Director-General's report nor any other document before the Minister appeared to have considered whether climate change flood risk was relevant to this flood constrained coastal plain project, the Minister was under an implied obligation to consider whether it was relevant and, if so, to take it into consideration when deciding whether to approve the concept plan. The Minister did not discharge that function."

Due to the Minister's failure to consider the climate change issue, the Court held the Minister's approval of the concept plan was void and of no effect.

For additional information about this decision click here

Polls close in rural areas today

Rural Queenslanders are being urged to have their say on council amalgamations.

Six urban councils - Caboolture, Caloundra, Pine Rivers, Gold Coast, Noosa and Redcliffe - have voted on the amalgamations, which will cut the state's councils from 156 to 72 from March.

On the Gold Coast, the area north of the Albert River is set to be merged with Logan from next year.

More than 13,000 residents there voted, with 81 per cent voting against amalgamation.

In Noosa, on the Sunshine Coast, where a highly-organised anti-amalgamation campaign was run, more than 22,000 people voted.

Of those, 96 per cent voted against the impending merge with Caloundra and Maroochy councils, to form a Sunshine Coast "super council".

Caloundra also returned a strong "no" vote, with 69 per cent of the 33,000 voters against reform.

In Redcliffe, north of Brisbane, more than 21,000 people voted, with 87 per cent voting no to amalgamation with Pine Rivers and Caboolture.

Their neighbours felt the same way, with 74 per cent of Pine Rivers voters and 68 per cent of Caboolture voters against the move.

While the votes will not stop the amalgamations, Local Government Association of Queensland president Paul Bell urged rural Queenslanders to take part, and send their ballot papers today.

"The ballot papers must be returned to the (Australian Electoral Commission) no later than 2pm on Friday," he said. "If any resident has not yet completed and mailed their ballot paper, I urge them to do it today."

Packaging Stewardship Forum - Free Training in Litter and Resource Recovery for Local Governments

The PSF have recently revised our training program for local government/event organizers on public place and event recycling and litter management and rollout in most states will commence next year. The attached web-link lists dates for the training program: www.afgc.org.au/index.cfm?id=581

MAV supports councillors' sacking

The Municipal Association of Victoria (MAV) has supported the decision of Local Government Minister, Richard Wynne to sack three Colac Otway Shire councillors for refusing to fulfil their elected responsibilities.

Cr Dick Gross, MAV President said the fundamental democratic duty of elected representatives at all levels of government was to govern and this should be respected and adhered to.

"It is an exceedingly grave matter when a councillor knowingly chooses not to fulfill his or her primary duty. The MAV simply does not support this type of behaviour.

"All councillors are elected and take an Oath of Office to undertake their duties in the best interests of the people in the municipal district; and to faithfully and impartially carry out the functions, powers, authorities and discretions vested in them under legislation to the best of their skill and judgment.

"They are entrusted with the privilege to govern and formal decision-making processes should never be deliberately obstructed. It is an inexcusable offence.

"The three dismissed councillors repeatedly refused to vote on a controversial planning matter, leaving the council without a quorum and unable to govern.

"The MAV examined the situation closely and attempted to facilitate a solution that would avoid the Minister invoking the operation of section 85 to dismiss the councillors.

"As the Minister for Planning is the final decision maker on the planning matter at the centre of the Council's impasse, the MAV made several offers to facilitate a meeting with his office.

"There have been a number of criticisms levelled at the MAV by the three councillors, but we must protect the sector from people who denigrate the reputation of local government and prevent a council from performing its duties.

"Neither the Minister nor the MAV has tried to judge whether the councillors' opinions on the planning matter are right or wrong. The planning merits are not relevant to this debate as the councillors have chosen the wrong way to pursue their views," he said.

Following a decision by councillors Brian Crook, Stuart Hart and Geoffrey Higgins to leave a council meeting rather than vote on a planning matter before them, they then refused to remain and vote at the 'Call of the Council' special meeting ordered by the Chief Executive Officer on 29 October.

This commenced a legislated process detailed in section 85 of the Local Government Act, with the Minister requiring explanations from the councillors about their reasons for resisting the Call of the Council.

Cr Gross said this provision in the Act had never been used before but its purpose is to ensure a formal process was available to resolve a council's inability to govern due to the individual actions of councillors.

"The three former councillors must take responsibility for their behaviour as they were fully aware of the consequences of their actions, including their possible dismissal.

"This is a sobering reminder for all elected representatives of their primary duty to govern," he concluded.

Electricity privatisation in NSW

Selling off the state's electricity industry will raise prices and cut services in regional and rural New South Wales, according to the President of the Shires Association of NSW, Cr Bruce Miller.

Cr Miller said country New South Wales was hard hit already by drought, and the inevitable decline in access, service standards and local employment that would follow privatisation of the electricity industry may be enough to push some communities over the edge.

"The Government's first concern must be for the energy consumers and workers of this state. I challenge the Premier to explain to country communities how electricity privatisation will be an historic win for them."

2011 Census - Your chance to have a say

While more new and exciting products and services continue to be delivered from the 2006 Census, the ABS is already turning its attention to the next Census to be conducted in 2011.

The Census is the largest statistical collection undertaken by the Australian Bureau of Statistics and one of the most important.

Following the release of the Information Paper: Census of Population and Housing: ABS Views on Content and procedures, 2011 (cat. no. 2007.0) released on 26 October 2007, the ABS intends to conduct user and public consultations on the procedures and content of the next Census.

Some of the areas that the ABS are inviting public comment on are: procedures for conducting the Census, arrangements to protect the privacy of individuals, measures to ensure the confidentiality of the information collected, and topics to be included, reviewed or excluded from the Census.

The ABS also wishes to inform users of current developments and seeks further information on a number of topics under review, including: internal migration, Australian citizenship, income (including family and household income), second residence, second job, and journey (and mode of travel) to educational institutions.

Demand for additional topics (and the expansion of existing topics) on the Census form remains high, and decisions regarding which topics to include will be carefully considered and extensively tested to satisfy user demand while balancing respondent burden and maintaining data quality.

Users of Census data, small area data and interested members of the public are invited to make submissions on any aspect of the Census by 31 March 2008. Submissions can be lodged either on-line, by email or in hardcopy. Guidelines for making a submission and submission forms are available at www.abs.gov.au/2011censusviews.

For further information on the review process refer to the Information Paper, Census of Population and Housing: ABS Views on Content and Procedures, 2011 (cat. no. 2007.0).

Australian Bicycle Council launches the Cycling Resource Centre

An on-line information hub on cycling, the Cycling Resource Centre, has been launched by the Australian Bicycle Council. It is a convenient and user friendly ‘one stop shop’ for those involved in the planning and provision of cycling facilities and programs including planners, engineers and others to access a wide range of topics in one central location. It will also be of interest to cycling groups and cyclists generally. Users can access thousands of on-line pages with information and links covering the following topics:

• engineering & planning
• education & training
• encouragement & promotion
• enforcement & road safety
• recreation
• funding
• research

The Cycling Resource Centre provides direct links to relevant cycling information on Australian state and territory government agency websites, national and international news articles and research. The Cycling Resource Centre provides a wealth of information about how to plan, design, source funding, build, manage and find cycling routes throughout Australia and New Zealand. It can be found at www.cyclingresourcecentre.org.au.

The Australian Bicycle Council also invites organisations to sign up for the quarterly cycling newsletter and for organisations to establish web links to the Cycling Resource Centre.

The Cycling Resource Centre was developed with funding from the Australian Department for Infrastructure, Transport, Regional Services and Local Government and is managed by the Australian Bicycle Council.

The Gold Coast City says it is planning to be carbon neutral by 2020

The Gold Coast City Council has agreed to introduce measures including converting public pools to solar heating and replacing barbecues with energy-efficient technology in a bid to fight climate change.

Gold Coast and Hinterland Environment Council spokeswoman Lois Levy says they back the council plan.

"It is good news. It sounds quite ambitious, but really something definitely to be aimed for and we would certainly support that," she said.

Local Government and ABS newsletter

The latest issue of Local Government and ABS is now available.

You can access this newsletter via the following link: 'Local Government and ABS' (cat. no. 1376.0) or via the ABS web site www.abs.gov.au under News and Media / ABS newsletters.

Some of the topics covered in this issue include:

• Update on Second Release 2006 Census Data.
• Fertility and mortality statistics for 2006.
• What's happening in Local Government Finance?
• NatStats 08 conference: Measuring societal progress.
• Release of 'Patterns of internet access in Australia'.
• Upcoming release of the National Regional Profile.

'Local Government and ABS' is a quarterly newsletter published by the ABS to help the Local Government Sector use statistics to assist with planning and other community servicing decisions.