Tag: legislation

First Heatherdale Community Action Group meeting for 2008

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Tonight I attended the first Heatherdale Community Action Group meeting for 2008. The action group represents the residents and businesses along Heatherdale Road, a community which is split between the two municipalities of Maroondah and Whitehorse.

The guest speaker for tonight’s meeting was Matthew Guy, the Shadow Minister for Planning. Matthew listened intently to the concerns of the community particularly in regard to the deficiencies that currently exist under State legislation. In particular there is a need to strengthen the Environmental Protection Authority, so that they act upon the noise, dust and amenity complaints that are being received.

The EPA has wider scope to investigate these matters than local councils. While Maroondah has sought two successful prosecutions in regard to noise issues, the EPA is able to investigate these matters and seek genuinely punitive measures. Unfortunately the current Helath Act prevents councils from fining a company more than a $1000 a day for matters that are declared a nuisance. The EPA does not have such limitations and must finally take an interest in this matter. It is unfortunate that when the EPA did act, it awarded Manningham Council the fines that were successfully levied against Southern Rocycling, despite the fact that Maroondah City Council had attempted to work closely with the EPA in regard to these amenity issues.

Planning scheme definitions were also discussed, since this is a matter that directly affects Heatherdale Road. Currently a waste transfer facility does not require a permit within an industrial zone and this hampers the enforcement of effective hours of operation. This is in contrast to a recycling facility, which does require a permit and hence allows councils to impose suitable conditions on these operations. The State planning scheme definitions must be reviewed so that councils are able to protect the amenity of the local community.

The State Government has stated it will review both the Health Act and the defintions defined in the Planning and Environment Act. Unfortunately both initiatives seem to have stalled, Matthew Guy as the Shadow Minister for Planning can assist in ensuring that the State Government honours this commitment.

Eastern Transport Coalition: November meeting

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Tonight’s Eastern Transport Coalition covered a range of topics as the focus of the group begins to explore key issues that will be relevant for 2008.

The meeting included presentations from the Australian Greens and the Australian Democrats, both of whom are supportive of the need for federal involvement in urban public transport. While Family First, chose not to attend the meeting, I am aware that the Party has announced a policy supporting federal funding for public transport infrastructure.

This is significant, since each of the minor parties represented in Federal Parliament, support the notion of federal involvement in urban public transport. The discussions with the Greens and Democrats were fruitful, with both parties recognising the social, environmental and economic benefits of public transport improvements in the eastern suburbs and suggesting the use of the Senate as a method to raise awareness of the issue within Federal Parliament.

Regardless of the Federal election outcome, announcements such as the $80 million for the grade separation of Springvale Road Nunawading, provide a framework to advocate for partnerships between federal and local governments. This will allow public transport infrastructure to be included within such projects and allow both local and federal governments to hold the State government accountable for much needed public transport improvements.

The Eastern Transport Coalition has also continued its focus on the State Government with a presentation provided in regard to the Transport Legislation Review. The ETC will be authoring a submission that calls on the State Government to prioritise sustainable transport, as well as officially recognise the Government’s own target of increasing public transport modal share to 20% by the year 2020.

The current transport legislation review also draws into question the current lack of integration between VicRoads and the Public Transport Division of the Department of Infrastructure. While legislation may assist in improving outcomes, it will be hampered until physical integration between the Roads Authority (VicRoads) and the Public Transport Division is accomplished. VicRoads, as a statutory authority, enjoys a number of benefits that are not available to the public transport division which sits within the broader Department of Infrastructure.

This is clearly demonstrated in regard to the Maroondah Highway pedestrian crossing between Ringwood Station and Eastland. Despite the fact that the crossing is the most widely used within Maroondah, with over 5000 pedestrians daily, and links the Station with the retail and residential precincts of the Ringwood Transit City, VicRoads has currently been reluctant to improve the crossing.

Physical integration of government departments would follow examples in both Western Australia, with its integrated transport and planning department, and Queensland, which has a Coordinator-General’s department that as a statutory authority provides a whole of government referral authority.

The need for not just legislative integration but departmental integration is clear, with the Commissioner for Environmental Sustainability stating that “A more streamlined approach to land use and transport integration in Victoria would be possible if a single strategic authority were established.”

It is anticipated that both the Legislation Review and the VCEC Inquiry to Melbourne’s Liveability will be a significant focus for the Eastern Transport Coalition in 2008, as we continue to call on the State Government to improve public transport in the eastern suburbs.

Melbourne 2030 Reference Group: 'Creating A City That Works'

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As part of today’s meeting of the Melbourne 2030 Reference Group I was invited to introduce the Eastern Transport Coalition and to discuss ‘Creating A City That Works’, a report compiled by the Commissioner for Environmental Sustainability.

The presentation provided an opportunity to discuss the aims of the Eastern Transport Coalition and its goals on improving the sustainability of Melbourne’s eastern suburbs through advocating for public transport improvements.

The report, which was released in May 2007 examined the sustainability of Melbourne and had three key findings:

  • The need for stronger coordination between planning and transport
  • The need for better coordination between roads and public transport
  • The fact that current unsustainable urban trends, such as failing to provide effective public transport, cannot continue.

Passenger vehicles contribute 56% of Australia’s transport related emissions, meaning public transport and providing an alternative to car dependence, will be a requirement for any effective strategy that aims to reduce greenhouse emissions.

The current Victorian State Government has proposed legislation that will enshrine greenhouse reduction targets, these will not be achieved unless public transport is improved. The lack of a detailed action plan and interim targets for achieving the State Government’s goal of 20% public transport modal share by 2020 is particularly concerning.

public transport modal share (source: 07-08 State Budget)

While the number of people using public transport has increased, modal share according to the 2007-2008 State Budget papers has remained around 9%. The lack of interim targets and a detailed plan to achieve these goals makes it difficult to measure its progress. While the State Government continues to support its lacklustre transport strategy, Meeting Our Transport Challenges, the Commissioner demonstrated that the patronage targets were not ‘strongly reiterated as a policy that drives MoTC [Meeting Our Transport Challenges]’

Furthermore the Commissioner stated that “The 20/2020 target needs to be supported with a series of clear intermediate steps that show how it will be achieved.”

It is clear that the State Government must revise its transport policies if it intends to truly designate public transport as a priority.

The ongoing lack of coordination between public transport, roads and planning has had serious ramifications at a local level, particularly in regard to the Ringwood Transit City. State Government support for Ringwood has been marred with uncertainty, including the current lack of commitment over the much needed upgrade of Ringwood Station and improvements for pedestrians attempting to cross Maroondah Highway.

The desire to improve pedestrian access in Ringwood, such as providing less waiting time for pedestrians across Maroondah Highway has been continually stymied due to the lack of coordination between VicRoads and the Public Transport Division of the Department of Infrastructure.

Likewise the current inadequate rail frequencies beyond Ringwood, which result in a mere half hourly service during weekdays and an even worse frequency of bus services, restricts the potential for public transport to reduce car dependence within the centre of Ringwood.

As the ward councillor for much of the transit city area, I have been insisting on improvements to sustainability, such as footpath construction with new developments and water and energy sustainability, but a commitment from the State Government is required to ensure the provision of public transport improvements.

If coordination between State Government departments was improved and if an action plan and interim targets were developed to secure the goal of increasing public transport modal share to the 20% by 2020 then a commitment to the redevelopment of Ringwood Station and other public transport improvements would have been readily provided.

The next State Budget, due in May 2008, will test the State Government’s commitment to both Ringwood and our urban sustainability.

MAV Graffiti Prevention and Strategy Workshop

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The State Government has announced a number of legislative changes in regard to the prevention of graffiti and the Municipal Association of Victoria (MAV) organised a workshop to explain how these changes would effect local government.

The workshop began with a presentation from the Department of Justice who explained that the State Government was focused on the principles of prevention, removal and enforcement. As such the legislation aims to create a number of new offences relating to graffiti, including fines for carrying graffiti implements on or near public transport and harsher penalties for perpetrators of graffiti.

A number of grants have been announced by the State Government to enable Councils and community groups to remove the presence of graffiti. The grants will be favouring projects that can demonstrate an ongoing focus on the removal of graffiti.

The Victorian Police has improved their ability to enforce crimes relating to graffiti, through the procurement of a Victoria wide database, which will categorise graffiti. The database will allow Police to match tags against perpetrators and follows the success of a localised database established for the Maroondah, Knox and Yarra Ranges region.

The new legislative changes will take effect by September 2008 and should complement the anti-graffiti policies of Maroondah City Council through ensuring closer integration with Police and State Government agencies.

Tour of Wantirna Health

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Accompanied by members of the Croydon Conservation Society, I attended a tour of Wantrina Health to view the Ecologically Sustainable Development principles that were incorporated into the building of the facility.

Wantirna Health includes a number of innovative sustainability features, including water tanks to capture and recycle up to 8.5 million litres of water from the roof of the structure, rain water gardens, indigenous planting that will require minimal watering and lighting that will automatically adjust according to the level of natural light.

Wantirna Health, which will provide palliative care and rehabilitation services for patients in Eastern Melbourne, must be congratulated for its strong focus on sustainability. This emphasis on sustainability sets a new standard for developments in the eastern suburbs and should serve as an example for other major projects, such as the proposed expansion of Eastland.

Due to current inadequacy of State Government planning legislation, which fails to mandate comprehensive sustainability ratings in developments, I will encouraging Eastland and its parent company, Queensland Investment Corporation (QIC), to embrace sustainability principles within its development proposals.

Delegates' report: Water conservation and community advocacy

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A pressing theme that has emerged over the events I attended in the previous month has been that of the environment and in particular the need for water conservation.

On the 23rd of March I attended the SaveWater Awards, convened by the SaveWater alliance, a non-profit association which includes membership from our water authorities and government agencies. The purpose of the SaveWater Awards, as its name suggests, is to encourage water conservation within government, private enterprise and the wider community and it was great to see many examples of innovation and a strong commitment to conserving water.

In particular the local government category has shown a number of examples that we can follow and Hume City Council must be congratulated for winning the local government category of the awards. Hume City Council is set to save more than 70 mega litres of drinkable water per year through the use of recycled water, water tanks and drought resistance turf. Kingston and Monash City Councils, the two other finalists in the category, have also introduced a number of water saving initiatives and combined the three councils a total 82 mega litres of drinking water is being saved.

This is the equivalent to 33 Olympic sized swimming pools and it demonstrates some of the proactive examples that are occurring in local government. It is also sets a high standard and in fact I would very much like to see Maroondah City Council as a potential finalist for next year’s awards. I will be tabling the Clearwater Awards publication.

Whether someone believes in the notion of climate change is irrelevant, the fact is that long term trends are showing an ever increasing bleak picture for Melbourne’s water supplies and the onus is on us to lead by example.

The good news is that in some areas Maroondah City Council is playing its part, since on the 30th of March I had the pleasure of participating in training session conducted on the use of rainwater gardens hosted at Maroondah’s council offices.

The training session was conducted by Clearwater, a non-profit organisation hosted and supported by Melbourne Water, and covered the potential benefits of using rainwater gardens to improve the quality of stormwater run-off by collecting excess rainwater run-off. What was great about this session is the fact that this is an area where Maroondah is leading by example.

Maroondah has recently installed its own rain garden at the lower carpark in front of Karralyka, due to design of rain gardens, the water runoff nourishes these gardens and also helps improve the quality of stormwater. This is one example of where Maroondah is taking initiative in water conservation.

Being proactive on water conservation and other environmental issues will have the support of the community and it is with community support that we can truly help shape positive change.

The last item I wish to raise is an example of where community support helps further an issue of concern and that is the issue of Maroondah’s stance in seeking a review of current gaming and planning legislation.

The Croydon Conservation Society issued correspondence citing their concern with the current gaming and planning legislation and the powers of VCAT. While the reply received from the Department of Justice does little other than provide excuses it does demonstrate the steps the community and community groups will undertake to assist council in its own efforts.

I will tabling the remainder of my delegates report.

2007 Australia Day Awards and Citizenship Ceremony

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As part of the Australia Day celebrations, Maroondah City Council held its Citizenship Ceremony and Australia Day Awards at the Karralyka Centre. Under existing legislation, local councils are responsible for conducting citizenship ceremonies, providing new Australian citizens with often their first formal contact with local government.

In addition to welcoming new citizens, Maroondah provides Australia Day Awards to acknowledge the dedication of volunteers under the categories of Citizen of the Year, Young Citizen of the Year and Community Event of the Year. The high calibre of the nominations demonstrates the strong sense of community that exists within Maroondah.

Congratulations to Maroondah’s new residents and the volunteers who nominated for the Australia Day Awards.

Ringwood Precinct Plans on Display

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Tonight Queensland Investment Corporation (QIC – the owners of Eastland) and Maroondah City Council presented the precinct plans for the Ringwood Town Centre to the Ringwood Chamber of Commerce.

The precinct plans are intended to provide a strategic framework for the Ringwood town centre, which is the area north of Maroondah Highway and bound by Ringwood Street and Warrandyte Road. The precinct plans envisage the transformation of Ringwood into a pedestrian friendly and vibrant suburban centre lined with much needed hospitality and entertainment such as cafes and restaurants.

The revitalisation of Ringwood is long overdue and it was encouraging to see the members of the Ringwood Chamber of Commerce supportive of the concept. While most of the community appears eager for the revitalisation of Ringwood to begin it is unfortunate that the State Government is still dragging its feet by failing to provide a solid commitment to the redevelopment of Ringwood Station. The station forms a centrepiece the new urban centre and it is imperative that the existing facility, which fails disability compliance legislation and is perceived to unsafe, is redeveloped into a modal interchange fitting of the new image for Ringwood.

To view the precinct plans please visit the Maroondah City Council Website. Submissions commenting on the plans need to be received by the 10th of November.

Southern Rocycling before the Ringwood Magistrates' Court

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This morning the case against Universal Metals Pty Ltd (trading as Southern Rocycling) in regard to breaches of the Maroondah Planning Scheme and the Health Act 1958 was heard before the Ringwood Magistrates’ Court.

While Doug Rowe, the Director of the company, did not attend court, Universal Metals did plead guilty to the breaches of the Maroondah Planning Scheme and the Health Act that occurred due to the noise associated with the delivery of pig iron back in January this year.

While no convictions were recorded, the Magistrate fined Southern Rocycling $6,000 and Doug Rowe $1,000 in addition to being required to $5,000 of Council’s court costs.

While the monetary amount may be seen as being low, the penalties prescribed in the Health Act ($1000 a day) are controlled by State Government legislation. The fact that the magistrate found in favour of council demonstrates that residents had a legitimate concern in regard to the excessive noise that was caused by Southern Rocycling in January of this year.

This verdict should act as a deterrent not only to Southern Rocycling but also to other operators who adversely affect the amenity of their community.

I would like to once again thank residents for their patience and cooperation in securing this successful verdict and for the residents who attended the hearing. I hope this result will ensure that they are provided with peace and quiet throughout the night.

Local Government Act 1989

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The Local Government Act of 1989 and further amended on 12 December 2005 outlines the conduct of local government within Victoria, including the administration, conduct and election of local councils. The ability to create local laws, charge rates and the specific powers and accountability measures for local councils is also included.

The Local Government Act of 1989 is useful reading for anyone interested in the functions, roles and responsibilities of local councils.

The Local Government Act can be downloaded from the Australasian Legal Information Institute.