Faced with an officer recommendation that Council seek deletion of clause 37 from the Bill and provide commentary on some other aspects of the Bill, Councillors, at the instigation of Cr Colin Cala, transformed their resolution (passed unanimously) into a virtual rejection of the Bill in its entirety, including:
a) deletion
of clause 37* from the City of Perth Bill;
b) providing
commentary on other aspects of the Bill with reference to clauses 19-21** and
clauses 12-15***
c) expressing Council’s concern with the
uncertainties, ambiguities and lack of procedural fairness, clear process and accountability that
is currently contained in other clauses of the Bill, especially with regard to
clauses 17 and 18****; clauses 28 and 29*****; and clause 27******;
d) requesting
in the strongest terms, that the government consider a re-draft of the Bill in
order to provide more clarity in its provisions and inclusiveness in its
application;
e) that
while seeking to establish a more effective Capital City, the Bill do so
without disadvantaging the rights and financial sustainability of adjacent
local authorities.
Cr Kevin Trent added an amendment, also
passed unanimously, that the resolution and the reasons for it be communicated
to all local Councils in Western
Australia. This should enliven debate and discussion at the WALGA
Conference and Annual General Meeting next week.
Congratulations to the South Perth Council (and Cr Cala in particular) for being the first Council to take a strong stand on the City of Perth Bill, including acknowledging the threats to other local governments and communities, not just their own.
NOTES on the City of Perth Bill
* Clause
37 requires the Local Government Advisory Board, when assessing proposals
affecting the City of Perth, “to have regard to the special significance of the
role and responsibilities of the City of Perth that flow from Perth being the
capital of Western Australia”, but does not define those roles and
responsibilities. This leaves it open to the Minister or the City of Perth to
‘define’ them in any proposal and would aid the annexation of Burswood and the
commercial areas of Vincent and Subiaco, to which the City of Perth has already
laid claim.
** Clauses
19-21 make non-resident (property or business owner) voting enrolment not
subject to automatic expiry. Instead, the onus is placed on the enrollee to
notify of becoming ineligible.
*** Clauses
12-15 establish a City of Perth Committee with mixed elected/administration
membership that excludes the key portfolios of transport and planning, has no
accountability or defined responsibilities and meets at the behest of the
Premier.
**** Clauses
17 and 18 change the boundaries of the City of Perth to include Kings Park,
1800 residents of Subiaco, the QEII Medical Centre and the University of
Western Australia. In addition, the river boundary is redrawn at the middle of
the river, setting a precedent for shifting management responsibility and
costs, currently shared between state and local governments, entirely to local
governments.
***** Clauses
28 and 29 provide powers over Kings Park for the Executive Director, Public
Health. “For the purposes of protecting, promoting and improving public health”,
the Executive Director, Public Health would have “all the powers and authority
of a local government under the Local Government Act, 1995”.
It
does not require a large leap of imagination to see this applying to extension
of the QEII Medical Centre (including anciliary medical/health services and
even car parking) across Winthrop Avenue into Kings Park.
No rationale
has been provided in information about the Bill for this provision.
****** Clause
27 repeals the City of Perth Restructuring Act, 1993, which is the sole
instrument establishing the Towns of Victoria Park and Cambridge and the (now)
City of Vincent. Repeal of this Act disestablishes those local governments and
would open the way for the City of Perth to take over Burswood and commercial
areas of Vincent.
Well done Ian and Cecilia! The CCCC are lucky to have you driving their concerns.
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