Will Byron Bay’s traffic gridlock be addressed before the first sod is turned on the yet-to-be-determined West Byron Project?
Yes, according to NSW minister for the north coast and Byron resident Don Page MP (Nationals). It comes as public submissions close this Friday for the proposed estate, located 2.5 kilometres west of the CBD. If approved, it would be the town’s largest suburb in decades. Mr Page told The Echo, ‘I have told the consultant for the West Byron landowners that I will not support the project unless the Byron bypass has been constructed. ‘We have serious traffic congestion in Byron already and it should not be exacerbated. There are other issues which also need to be considered with their proposal and this is currently happening through the public exhibition and consultation process. I will treat those issues on their merits.’ But are the issues being addressed? Not according to Council’s planning staff, who say issues remain, which they raised with NSW Planning and Infrastructure in 2011. Director of Council’s environment and planning, Ray Darney, told The Echo that, ‘staff have recommended within the draft submission that the bypass needs to be completed prior to any residential subdivision proceeding at the site.’ As for residential density, he says, ‘The current proposed allotment size is too small and the overall density of development is not compatible with the general urban form and character of Byron Bay.’ And similarly, the concerns of flood mitigation raised in 2011 also remain. Mr Darney said staff have recommended within the submission that they are not satisfied with the flood planning levels as proposed by the developer. ‘The flood levels and flood planning levels for the development must be consistent with Council’s adopted flood study and flood management plan, which follows the process in the NSW flood plain development manual.’ However on its website’s FAQ, the West Byron Project claims, ‘The department commissioned WMA Water to undertake an independent review, which supported the modelling and flood planning levels. ‘There are no developable lots in high flood hazard risk areas. There will be a negligible impact on offsite peak flood levels.’ Council pressure But it’s just not roads, density or flooding issues; Mr Darney says there would be a significant amount of infrastructure required to service up to 1,000 allotments. ‘Staff will be recommending to Council that the development should be provided with dual reticulation to recycle water and that the bypass and roundabouts on Ewingsdale road need to be provided by the developer. ‘In addition the trunk drainage system needs to be comprehensively designed and provided by the developer to ensure the quality of stormwater runoff does not impact negatively on the sensitive Belongil Creek.’ Bypass voluntary contribution: developers The Echo understands that one of the priorities for the current councillors in their first term is to complete a Byron bypass. Given the issue has plagued successive councils for 25 years, it would be quite an achievement. And with a total cost for the Byron bypass being estimated at around $8.2 million, the developers have said they will make voluntary contributions, ‘specifically earmarked for the bypass.’ They say it’s in addition to regular contributions to infrastructure that developers pay Council for projects. If the rezoning is approved, they say, $7,000 per residential lot will be contributed under a planning agreement between them and the NSW planning minister. If approved, it would almost cover the bypass cost if 1,000 homes were built, and would need to be paid upfront. As for state assistance, MP Page said, ‘Even though it’s a Council responsibility, I have arranged through the minister for roads to pay 80 per cent of the geotechnical study (an important first step in helping to get the project started), estimated at $270,000. ‘The minister has also agreed to assist Council with additional funding for the construction of the Byron bypass once we know what the full cost will be. ‘The geotechnical study will help determine this.’ Meanwhile, mayor Simon Richardson told The Echo he is unsupportive of West Byron, ‘certainly not at the scale being proposed, but that is no matter within Council’s power.’ Unsupportive ‘The monies we have do not go remotely towards addressing the long-term traffic and road infrastructure needs in Byron Bay. One roundabout alone is around the $1 million mark. In regard to traffic, there would not be a stupider place to plonk a development five times the size of Sunrise [than the site] proposed on Ewingsdale Road. So if the proponents want it, they need to ensure the rest of the community don’t have increased gridlock because of it.’ Plans for the West Byron Project are at http://bit.ly/westbyronplans and public submissions close January 31.
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Brunswick Heads residents expressed their anger, disappointment, confusion and frustration last Wednesday at the state-appointed manager who is behind controversial plans to upgrade the town’s three public caravan parks and four Crown coastal reserves.
Several local mums were shocked to learn from NSW Crown Holiday Parks Trust (NCHPT) manager Jim Bolger that under the plans for The Terrace Holiday Park, public access along the Simpsons Creek foreshore, or even through the park, will be closed off or restricted. The plan involves erecting a 1.8-metre-high steel mesh fence all around the boundary of that park, shutting out locals altogether. Other complaints by the public ranged from unanswered emails and phone call enquiries to Mr Bolger and a holiday park manager’s poor attitude toward locals. It comes as Mr Bolger has been appointed media contact for his corporation while also refusing to answer questions on the planned eviction of the Brunswick Buccaneer boat hire business and a percieved conflict of interest, because his holdiay parks also hire boats. Adding to the chorus of residents critical of Mr Bolger’s management is Byron councillor Di Woods. She told The Echo, ‘I believe it was the most lacklustre attempt at community consultation I have witnessed, and was not transparent at all.’ ‘I think that it should have been held in the community centre, with a presentation to the community and followed by questions and answers with everyone being able to hear the explanation. ‘Someone mentioned to me that Jim was heard to give two different answers to the same question by two individuals. This makes it hard for people to really understand what is truth and what is fiction.’ However, Cr Woods says there is room for negotiation. ‘It is always the case that when a plan is being put forward that the proponent usually asks for “an arm and a leg,” and then negotiations take place. If we had honest and transparent community consultation, with Council perhaps as a mediator, then surely an agreed position could be achieved.’ Bruns Chamber But what is the business community’s position? Brunswick Heads chamber of commerce president Todd Buckland says, ‘In 2010 the Brunswick Heads Chamber of Commerce prepared a comprehensive submission on the previous Holiday Parks Plans of Management, and proposed several suggestions and solutions for the various issues they had with those plans. ‘The chamber’s mission is, “To foster a dynamic local business sector, encouraging sustainable and innovative business development, in line with the community’s vision for Brunswick Heads.” Brunswick Heads has many strategic planning documents, including the “Taking Care of Brunswick Tourism Management Plan” and the “Community Economic Transition Plan 2011-2016”, to guide us in our assessment of what is proposed this time around. ‘Over the next month we will be assessing the current plans of management (POM) in light of our mission statement and see which of our concerns have been addressed and which suggestions have been incorporated in the new POMs. ‘We will be making constructive suggestions for anything we feel is an issue. ‘The thrust of our submission will be the same as the previous: we highly value our low-key simple pleasures village lifestyle. ‘We have always been a holiday town and we want to protect it by attracting visitors whose values are aligned with our community values. ‘We want our holiday parks to align with this vision, instead of becoming clones of the holiday parks up and down the coast. ‘We are not so naive as to think that all of our suggestions will be adopted; it just won’t be humanly possible to satisfy everyone’s wishes. ‘However, we will be strongly encouraging the final plans of management to reflect the values and needs of those who live, work and play in Brunswick Heads.’ February 1 meet Another community information session will be held by Mr Bolger on February 1 in the Memorial Park from 9am to 12pm as part of the local market. The NSW government has failed to include the northern rivers in a recent state-wide press release spruiking its commitment to regional transport.
The western, central west, Murray and Murrumbidgee, New England and north west and central coast regions of NSW were all promoted as areas worthwhile of infrastructure investment. But not us. However, a document was released by the coalition on December 19, entitled Northern Rivers Regional Transport Plan. Fastest growing region in NSW It was among eight other NSW transport studies released just before the holiday break, and is available at www.transport.nsw.gov.au. Surprisingly, the omission of our region in government promotions comes despite the report admitting that the northern rivers is the fastest-growing region in NSW, ‘at about 0.9 per cent per year.’ Additionally, the 52-page document lifts material from the previous Casino to Murwillumbah Transport Study, released early in 2013. Disadvantaged As for statistics, the report says approximately 48 per cent of the northern rivers population is concentrated within the four centres of Tweed Heads, Ballina, Lismore and Casino. And we are an ageing bunch, as ‘the proportion of the population aged 65 or over is expected to increase from 19 per cent in 2011 to 28 per cent in 2031.’ Not only that, but our region ‘has an above average level of social disadvantage compared to the NSW median.’ And while the report points to the Lismore and Byron Bay road corridor as continuing ‘to see the most demand for travel,’ there were no plans to improve that road except ‘Road safety works relating to decommissioning of fixed speed cameras at Bangalow Road, Clunes.’ The report claims that cost is $381,900. The disused railway line that runs from Casino to Murwillumbah – and which also runs between Lismore and Byron – was barely touched upon, but mention was made of developing ‘service plans to encourage public transport use to connect to festivals in the northern rivers region.’ A future high-speed rail corridor was also vaguely referred to, but no plans as yet: currently the government only wants to ‘identify and protect a future high-speed rail corridor between Brisbane, the northern rivers region and Sydney.’ Gripping stuff Wow, gripping stuff huh? Statements such as ‘We will work’ were repeated 17 times. There are endless unspecific costings, time-frames, locations and commitments. I wonder how much this report cost? For example, there is, ‘ongoing investment in maintenance to improve safety and reliability on the rail network.’ But where and how much? There was the introduction of NSW TrainLink, however, which ‘operates services to the northern rivers region, and for the first time provides a dedicated organisation focused on improving services for our rail customers in regional NSW.’ The report claims $389 million will go to ‘support and improve rural and regional bus services.’ As for the Byron Shire, the report claims a total of $1,721,136 was spent improving our roads, yet our Shire did not benefit from grants that were awarded to other shires for boating, transit centres, interchanges and cycleways. In contrast, Ballina received $3,136,645 in funding for all that. However, we should probably be thankful we have a huge highway that we can soon barrel down. Call me cynical, but reading such repetitive guff reminds me of BBC’s Yes Minister. Roads are used because the railways have long been abandoned by governments who are beholden to fossil fuel and transport corporations. So the focus is of the report is, you guessed it, roads. The two people that are presently responsible for this are minister for transport, Gladys Berejiklian, and minister for roads and ports, Duncan Gay. State coalition minister and Byron Bay resident, Don Page, is unsupportive of a 12,000-strong petition by residents calling for a north coast moratorium on coal seam gas The widely anticipated petition was tabled in parliament last week after it reached 10,000 signatures. Mr Page, who is the minister for the north coast, instead used parliament time to launch attacks on the region’s two federal Labor MPs and members of the public opposed to mining expansion. It follows widespread opposition to CSG by communities throughout the north coast, including many declarations by towns and local councils against the industry taking a foothold. Protests against CSG continued last week with residents from Lismore and Richmond Valley rallying outside Metgasco’s offices and drill sites. While defending his government’s unprecedented ‘tough’ restrictions on the industry, he accused ‘disingenuous individuals’ of conducting anti-coal seam gas surveys in residential locations in north coast towns, despite their knowing that his government, ‘already banned CSG activity in all NSW residential areas and in a two-kilometre buffer zone surrounding every residential area.’ But Richmond MP Justine Elliot hit back saying, ‘The Nationals betrayed the people of the north coast in supporting CSG mining’. She also challenged the CSG companies, saying if there are no coal seam reserves in her electorate then they should return their exploration licences. And while Mr Page didn’t name Justine Elliott (Richmond MP) and Janelle Saffin (former Page MP), he told parliament, ‘it was a shameless electioneering tactic, initiated by two Labor federal members on the northern rivers in a desperate attempt to boost their chances in the recent federal elections.’ ‘They stood in main streets gathering signatures and spreading alarm about coal seam gas – scaremongering to try to save their seats – in the full knowledge that coal seam gas companies had walked away from the north coast months before because our rules are so tough. When asked by The Echo to clarify that statement given Metgasco are recommencing drilling near Casino, he said, ‘Metgasco have sealed all their CSG exploration wells and only have an interest in conventional natural gas.’ And with regard to the petition’s request to exempt the north coast from mining, Mr Page told parliament, ‘It is not good public policy to discriminate either for or against any particular geographic area of the state, no matter how close to paradise that part of the world might be.’ ‘The government’s role is not to advocate on behalf of mining companies, but to have the regulatory framework that protects our land and water resources and our environment – something that Labor never did.’ During the debate, Lismore MP Thomas George also went on the attack, accusing former Page MP Janelle Saffin of allowing mining expansion while in office. ‘She was a member of the Legislative Council when the licences were issued for the northern rivers. They took the money and ran.’ But surprisingly Mr George then stated his support for fossil fuel expansion. ‘If we do not produce the extra energy needed in this state, especially in the northern rivers, major businesses such as the Northern Co-operative Meat Company will pack up and move over the border. They cannot survive without cheaper energy.’ Page challenged on renewables Meanwhile Greens NSW MP John Kaye challenged MP Page’s sustainable credentials and vision for the Ballina electorate. ‘National Party MP Don Page says on his webpage that his vision for the electorate is to create a sustainable future for the whole community,’ Dr Kaye said. ‘[Mr Page] says he understands that this is about creating jobs by protecting the environment. The challenge for Mr Page is to show he is serious about the environment and local jobs by supporting our push for 100 per cent renewable NSW. Starting the transition now means that regional NSW can get ahead of the global competition and become leaders in clean energy solutions.’ When asked if he supports Dr Kaye’s 100 per cent renewable push, Mr Page told The Echo, ‘I stand by my long-standing commitment to renewable energy. Indeed I was a keynote speaker at a conference in Bangalow a few years ago, specifically on the importance of renewable energy to our future. Clearly it will take some time to transition to a 100 per cent renewables situation given both the Commonwealth and state objectives are to get to 20 per cent by 2020. I would like to see the Ballina electorate better those targets, which is entirely possible given our interest in renewables, the employment opportunities associated with such a focus, and not to mention the abundance of sunshine! I think our area can be a leader in renewables.’ Transmission line abandoned The challenge comes as a proposed high-voltage transmission line from Tenterfield to Lismore was cancelled last week. The abandonment of the $250 million Bonshaw line, once dubbed ‘essential’ by electricity network provider TransGrid, is a victory for grassroots campaigning and follows on the heels of the cancellation of a similar line on the mid-north coast in April. Dr Kaye will make his 100 per cent renewable presentation at the at the Ballina RSL Club on November 6 from 5.30pm and also at the Mullum Civic Centre on Thursday November 7 from 6pm. Unified government and industry rhetoric regarding a looming liquid natural gas (LNG) shortage has increased after the NSW government’s Energy Security Summit was held last week in Sydney. The pro-coal-and-gas message was loud and clear, while little to no mention was made of renewable options. NSW resources and energy minister Chris Hartcher said in his opening address, ‘Coal and gas contribute over 90 per cent of NSW’s energy needs,’ but, ‘still gives us the best opportunity to get back to energy security... Alternative sources of energy that could take the place of gas are not ready to come online.’ Adding to the pressure to drill is new coalition federal industry minister Ian Macfarlane, who told media last week the production of CSG in NSW is his number one priority. Meanwhile corporations are also ramping up against opposition to gas production; on their website, gas giant AGL threatened the pub- lic that: ‘Continuing to say “no” to natural gas development in NSW will have significant consequence for industry, manufacturers and households in that state.’ But is this just gold-plated rhetoric from fossil fuel companies eager to tap the lucrative overseas market? So far many of the talking points have not differentiated domestic and export markets, making the argument for expansion vague and potentially misleading. According to a report by the Australian Energy Regulator (AER), NSW is way behind in LNG projects compared to other states and is only supplying five per cent of its own supply. ‘Historical low-priced domestic gas contracts will progressively expire over the next five years. Contract replacement activity is expected to peak in QLD in 2015−16, and in NSW and Victoria in 2018... the expiration of low-priced contracts and their renegotiation in a market exposed to global prices will continue to place pressure on domestic prices.’ Demand for the state is not increasing However AER’s State of the energy market 2012 released last December also goes on to say that domestic demand for the state is not increasing. ‘Gas flows into NSW from July 2008 to July 2012 appear to be steady, that is no fluctuation.’ But a solution offered to protecting NSW from the expected 2018 gas price hike comes from NSW Greens MP Jeremy Buckingham. In a SMH opinion piece last week, he suggests the government, ‘regulate the gas market so that domestic gas demand is fulfilled before LNG exports are allowed.’ He added Western Australia has already implemented this. ‘Australians should not have to pay the price because these large gas companies have gambled in investing in LNG export terminals and export contracts before having secured a social licence or approvals to extract massive amounts of coal seam gas.’ The Echo asked Mr Hartcher’s office if Mr Buckingham’s suggestion would ensure energy security for the state and the reply was, ‘Given NSW produces just five per cent of its gas needs, Mr Buckingham would be wise to point out what gas in NSW is intended for the export market.’ When asked the same question, state MP for the seat of Ballina, Don Page, said that was a matter for the cabinet and he was not in a position to comment at this time. But Mr Page did claim much progress was being made in renewable energy. ‘Recently as acting minister for the environment I signed the contracts with AGL to build Australia’s biggest solar energy plants. ‘One is at Nyngan with a 102 megawatt capacity and the other near Broken Hill with a 53 megawatt capacity. ‘They will supply power to our grid by the end of 2015 for 50,000 homes. ‘The NSW government contributed $65m towards this project, which will create 450 jobs during construction. ‘Since 2011, 70,000 house- holds have installed solar power. ‘On CSG, the only sup- plier based in NSW is AGL which through their Camden gas project supplies five per cent of our NSW gas needs, the rest being imported from other states.’ Funding availability for a feasibility study into a rail trail on the Casino to Murwillumbah rail line has been announced by minister for the north coast, Don Page.
Northern Rivers Rail Trail Inc (NRRT Inc) warmly welcomed the announcement, however train advocate Karin Kolbe from TOOT (Trains On Our Tracks) voiced concerns that the tracks would be covered and a temporary bike path constructed over the rails. She told The Echo, ‘We need to have our bike tracks beside the rail, or to take our bikes on the train.’ Mr Page, when asked if he advocated a rail trail beside the rail or on the railways, said, ‘The rail trail would be for the most part on the existing track area and certainly within the rail corridor.’ Mr Page also said he would guarantee public land would not be sold if the project was to happen. ‘The corridor will be kept intact, not sold, and be preserved for the possible re-introduction of rail services, should a viable economic model for trains become available at some stage in the future. The potential benefits for tourism and employment are significant.’ Previous study The previous rail study of the region, which cost $2m, was blasted back in March by the Greens and TOOT (Trains On Our Tracks) for its narrow terms of reference, the exclusion of light rail, lack of comprehensive ground truthing and a bloated figure of repair comparative to an earlier Price Waterhouse Coopers report in 2004. And despite criticism of a flawed report, Mr Page referred to the 130-page Casino to Murwillumbah Train Study and backed his party by claiming rail is not an option as it ‘wouldn’t meet the current or future public transport needs of the region because two of the three largest centres (Ballina and Tweed Heads) would not be served.’ NRRT just shy of 5,000 supporters Meanwhile NRRT secretary Steve Martin said the issue of covering over or removing existing tracks for a rail trail is a complex one and something which he hopes to have an answer on soon. He said however of his not-for-profit group, ‘We now have close to 5,000 community supporters, as well as backing from local government, tourism and chambers of commerce.’ NRRT was formed by a steering committee comprising local business philanthropists, known as the Sourdough Group, as well as volunteers and councillors and people working in the tourism industry. Its chairperson, Pat Grier, says, ‘The rail trail would act as the spine that links a network of communities, regional towns and villages.’ ‘It would provide the platform for economic development, new businesses and jobs for the region.’ Does the NSW coalition government support holiday letting in residential areas or not?
It’s a question NSW Greens MP and former Byron Shire mayor Jan Barham says she has been waiting three years for an answer on, and on August 12 she got one from tourism MP George Souris (Nationals). Well, sort of. In a recent general pur- pose standing committee held in parliament, Mr Souris was asked whether he supported ‘legitimate tourism operators’ or those ‘who op- erate without approvals, safe- ty provisions for visitors and without paying their way to local government.’ Mr Souris replied to Ms Barham after some stalling that ‘Holiday letting in NSW is essentially a local government issue,’ and referred to the recently introduced holiday rental code of conduct, introduced by the industry with help from NSW department of Trade and Investment and Destination NSW. He claims councils have at their disposal a range of regulatory mechanisms to deal with matters such as noise pollution issues. ‘These can usually be ad- dressed by existing regulation; for example, under the protection of the Environment Operations Act 1997, councils and communities are encouraged to utilise these mechanisms as appropriate.’ But MP Paul Green from the Christian Democratic Party made the point during Mr Souris’s questioning that ‘Local government is an arm of the state government, as we well know, so obviously its master should be watch- ing over it to ensure that it is able to enact or empower those regulations that the state makes.’ It should be noted that the general purpose stand- ing committee transcript is an uncorrected proof. Dept of planning replies on HL As for the NSW Department of Planning and Infrastructure position, a spokes- person told The Echo the department ‘worked with industry and other government departments to develop a self-regulatory code of con- duct for use by owners, man- agers, guests and visitors of holiday let properties.’ ‘The department is continuing to work with councils and industry on this is- sue and has recently attended meetings with industry representatives and concerned residents of Byron Bay.’ Meanwhile chemical free groups lobby to abolish the program
Chemical free landcare advocates are pushing to stop the spraying of what they claim is a potentially dangerous herbicide, metsulfuron methyl. Plans to aerial spray bitou bush in Tyagarah sparked a recent meeting between the National Parks and Wildlife Service (NPWS), Byron Shire Chemical Free Landcare and the ‘Save Tyagarah Nature Reserve From Aerial Spraying’ Facebook group. The push follows the announcement by NPWS that the scheduled spraying for Cape Byron Headland (Tuesday July 16) has been postponed because of the predicted unfavourable weather conditions. Nadia de Souza Pietramale from Byron Shire Chemical Free Landcare told The Echo that at the meeting, ‘The group put it to NPWS that Tyagarah Nature Reserve instead be managed using a non-chemical, ecological restoration approach which is safe for the environment and community and also proven to be effective.’ ‘[NPWS area manager] Sue Walker agreed to consult with Bundjalung of Byron Bay (Arakwal) about Tyagarah Nature Reserve and report back to the group.’ When asked by The Echo about evidence NPWS uses that spraying is best practice, Ms Walker replied that the ‘Threat Abatement Plan for Bitou Bush’ document (available at www.environment.nsw.gov.au/bitouTAP/bestpractice.htm) ‘proposes actions to reduce the impacts of Bitou Bush on biodiversity, particularly threatened species, populations and ecological communities.’ Ms Walker also added that ‘ongoing monitoring of the control program has shown that Bitou Bush has been reduced by over 95 per cent, while the number and abundance of native species has increased. Also Plectranthus cremnus, a local rare herb ranked the number one plant species at risk from Bitou Bush invasion, has significantly increased distribution and abundance in controlled areas.’ But Ms de Souza Pietramale says, ‘The spraying operation would see parts of the Tyagarah nature reserve aerially sprayed from 870 metres south of the northern boundary of the reserve, heading all the away along until Belongil Creek. It’s unclear for how many years this spraying would occur and what the expected results would be.’ ‘Questions were raised with Ms Walker about the residual impacts of the herbicide metsulfuron methyl and the risks it poses to littoral rainforest species, including the threatened Pink Nodding Orchid, as well as marine life along the shoreline.’ She also says that the ‘group took issue with the inadequate community consultation and notification for this intensive spraying operation.’ A petition is available at www.ipetitions.com/petition/place-an-instant-moratorium-on-the-spraying-of/ The former Byron Council staffer and now manager of the state government-owned private enterprise, North Coast Holiday Parks (NCHP), has hit back at claims his parks do not contribute back to the community since he took over administration from Byron Shire Council in 2006.
But questions still remain as to why Council’s financial returns are extraordinarly lower than before the takeover. NCHP general manager Jim Bolger told The Echo that a major amount is paid directly back into the Shire via Council. ‘Other amounts paid for reserve maintenance and or improvement by NCHP vary from year to year determined by the work needed to be performed. Plans for the upgrades of the day use reserves in Brunswick Heads will be exhibited toward the end of this year. These plans will identify extensive improvement works to be funded from caravan park revenue.’ The questions come after a recent press release by a public relations company on behalf of NCHP that claimed, ‘guests can be confident that the profits from the dollars they invest are returned to the people of NSW and their coastal recreation zones.’ Council’s media officer confirmed that in 2011/12 the amount paid by NCHP for three Brunswick Heads caravan parks was $196,818, and is listed under the ‘Open Space And Recreation Program’ in the budget. As a comparison to when Council managed the parks over ten years ago, Council’s 2001/2002 annual report says that The Terrace Park generated $380,000, Massey Greene $270,000 and the Ferry Reserve $121,200, equalling a profit of $771,200. Another snapshot a few years later in 2003/2004 reveal a higher figure of $860,653. Council’s community infrastructure executive manager, Phil Holloway, said the income was spent across all Council reserves as per a 2007 agreement with the then-called North Coast Crown Lands Division. ‘Council also receives income for Crown reserve works from the paid parking on Main Beach, Byron Bay, and fees from market licences.’ He says the funds can only be expended on works in the area to which the income was generated. Is local MP Don Page the minister for, or against, local government?
That’s the question posed by the peak body representing NSW councils after Mr Page refused to support the inclusion of local government or councils in the Australian Constitution. It comes in response to the upcoming referendum on the topic, to be included with the September election. Currently councils are an operational arm of state governments and only two tiers of government are recognised in our constitution. Councils currently receive the majority of their funding from municipal rates and council fees, but also receive grants and subsidies from state and territory governments. There is also direct federal funding via initiatives such as the Roads to Recovery program, the Regional Development Fund and Low Carbon Communities, but the legality of some of these grants has been challenged in the High Court. The court cases have prompted the referendum in a deal brokered by the Greens/independents and Labor at the last election. Mr Page told ABC radio last week, ‘You could easily envisage a situation where a couple of marginal seats in a federal election would be benefited by large cash injections from the Commonwealth on the eve of the election to fund a particular piece of infrastructure. So you would have a large amount of money going to a project that was for political reasons but wasn’t actually part of the state plan.’ Those comments prompted an outraged response from Local Government NSW’s joint presidents Cr Ray Donald and Cr Keith Rhoades AFSM, who accused Mr Page of ‘scaremongering and ill-informed information’ that is ‘misleading the people of NSW.’ ‘Given the recent TCorp report into NSW council finances,’ Cr Donald said, ‘it’s astounding the NSW coalition government won’t support a practical change to the Constitution securing tens of millions of dollars each year for NSW communities and their infrastructure.’ Cr Rhoades added, ‘It seems a tad contradictory for the NSW coalition government to trumpet criticism of councils’ financial sustainability, then fail to support a referendum which would protect federal grants for the most basic community needs, like local roads.’ O’Farrell’s reasoning But in a letter from NSW premier Barry O’Farrell to then federal minister for local government, Simon Crean, Mr O’Farrell outlines his reasoning for objecting to recognition. ‘The NSW government is of the view that amendments to the Constitution should not be made in the absence of clear evidence that existing funding arrangements are deficient. ‘While the government acknowledged that the High Court’s decision in Pape and Williams may have cast some doubt on the appropriateness of the direct funding of local government by the Commonwealth, it is noted that neither the Expert Panel’s report nor the Joint Select Committee interim report have identified any new significant issues with the financial arrangements that currently exist between all three tiers of government.’ Mr O’Farrell also says the amendment, as proposed in the committee’s interim report, will allow the federal government to grant funds directly to local government, ‘which could result in NSW 2021 and other major state policies being sidetracked or not given due regard… ‘This could also raise expectations that the Commonwealth could intervene in local government administration, thereby creating confusion about all tiers of government and responsibilities… it blurs the line of accountability.’ Instead, Mr O’Farrell says he supports ‘symbolic recognition as a way of enhancing the status of local governments.’ Meanwhile Mr Page hit back at the LGNSW joint presidents, telling The Echo they have known about the letter for months and, with an election for the LGNSW presidency coming up in October, that ‘might explain Keith Rhoads’s behaviour!’ He added local government is already recognised in the NSW Constitution. Unsurprisingly it’s sparked divided opinions across state and federal parties; however, Victoria, along with NSW, has rejected it so far. Federal Nationals MP Barnaby Joyce said Thursday that his party will support it, and that a caveat in the amendment to section 96 ensures that authorisation from the state is required for councils to collect money from the federal government. ‘It is the lowest-taxing level of government and rates go straight back into the facilities and services used by that community.’ And Greens MLC and former Byron Shire mayor Jan Barham told The Echo she supports inclusion as it ‘plays a crucial role in the democracy of Australia.’ She says direct transfers from a federal level have been very successful, and that ‘Other funding programs that are directed via the state governments result in a loss of direct funding to councils with the state administration costs of approximately 22 per cent without genuine benefit to the community.’ Altered constitution As for the two amendments, or alterations, it’s just 17 words and can be found at http://regional.gov.au. Section 96’s heading is ‘Financial assistance to states’ and it is proposed to be changed to ‘Financial assistance to states and local government bodies.’ Additionally, section 96 itself would be altered to read, ‘During a period of ten years after the establishment of the Commonwealth and thereafter until the Parliament otherwise provides, the Parliament may grant financial assistance to any state, or to any local government body formed by a law of a state, on such terms and conditions as the Parliament thinks fit.’ |
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