Sven Wiener
As can be seen in the follow-on extract from the Aug19 WTC monthly meeting minutes (available in full at http://www.wtc.tas.gov.au/webdata/resources/files/Microsoft_Word_-_WTC_Minutes_August_2008.pdf ), a majority of West Tamar councillors voted on Tuesday Aug19 to knock back a motion to hold a 2008 public meeting regarding the pulp mill. Informally we’ve heard that legal advice was received by the council saying that if councillors voted against holding a public meeting as would in general be legally required to be held under the Local Govt Act 1993 section 60(3), then nothing could be done to force the council to hold the public meeting. Speaking with the WTC Acting General Manager after the Aug19 council meeting, I had to agree that this current situation of council having no clear direction from the councillors on what to do, is quite unusual and interesting.
As far as I can tell, a breach of the Local Government Act 1993 section 60(3) can be said to have occurred if the West Tamar Council does not hold a public meeting in relation to the petition subject matter within 30 days of the August 19 council meeting, i.e. by September 18. Any such public meeting is required to be preceded by a 21 day period inviting submissions from the public. The ball is now in the West Tamar Council General Manager’s court and we shall know by 29 August as to whether he intends for West Tamar Council to breach the Local Government Act 1993 section 60(3).
——————Extract from Aug19 WTC monthly meeting minutes follows———————–
99/08 GEN MAN 1 GENERAL MANAGER’S REPORT: PETITION CALLING FOR A PUBLIC
MEETING REGARDING THE IMPACT OF THE PROPOSED GUNNS LTD
PULP MILL ON THE WEST TAMAR
1) Introduction
The purpose of this report is for council to determine what action is to be
taken in respect of the petition tabled at the 15 July 2008 council meeting.
2) Background
A petition was received by the General Manager on 19 June 2008
requesting a public meeting be held on the impact of the proposed Gunns
Ltd pulp mill on the West Tamar. The petition was tabled at the 15 July 2008
council meeting and since that time has been checked to ensure that it
complies with the requirements of section 57 and 59 of the Local
Government Act 1993. Approximately 1958 people signed the petition
however not all signatories were electors in the municipal area but the
petition does meet the requirement of 5% of the electors in the municipal
area. The proposer of the petition Mr Sven Wiener has been advised that
the petition complies with the Local Government Act 1993 and also that at its
19 August 2008 meeting council will consider what action is to be taken.
It should be noted that the petition received contains numerous instances
where the name, address and signature have been crossed out and then reentered
on the next line. No explanation was included in the petition as to
why this has happened.
The petition is as follows:
Petition Calling for a Public Meeting on the Impact
of
The Proposed Gunns Ltd Pulp Mill on the West Tamar
TO THE COUNCILLORS OF WEST TAMAR COUNCIL
We, the electors of the West Tamar Municipal Area, faced with the
abandonment of the RPDC process as the agreed, due process for
assessing the social, economic, environmental and health impacts of the
proposed Pulp Mill at Long Reach, are left with no option but to petition the
Councillors in accordance with sections 57 & 59 (1) of the Local Government
Act 1993 calling on the West Tamar Council to actively oppose this
proposed substantially taxpayer funded Pulp Mill on the grounds that the
health, safety and wellbeing of the citizens of the West Tamar has been put
at risk by the fast-track approval of the project and can no longer be
adequately protected or ensured.
This petition is exactly the same as the petition tabled at the 19 June 2007
council meeting except for the changing of one word and the inclusion of
three other words. In the petition listed above it states “…..this proposed
substantially taxpayer funded Pulp Mill….” Whereas the 2007 petition stated
“….the proposed Pulp Mill….”.
19 August 2008
31
As a result of the 2007 petition council held a public meeting on the 14
August 2007 and received 99 submissions regarding the proposed
construction of the Pulp Mill. In minute number 115/07 there is a listing of
the main issues stated in the submissions as well as ten motions passed at
the public meeting and a summary of the actions taken by council since
December 2004. The following motions were passed by council 7/0 at its
meeting held on 21 August 2007 (minute number 115/07):
Moved Cr Burr seconded Cr Allen that council pursuant to Section 60A(5) of
the Local Government Act 1993, records and notes:
1. the summary of submissions received for the public meeting held on 14
August 2007 resulting from a petition calling on council to hold a public
meeting regarding the proposed pulp mill (listed under Background of
agenda item GM3); and
2. the resolutions passed by the attendees of the public meeting (listed
under Background of agenda item GM3)
For: Crs Easther, Burr, Doddy, Allen, Kearney, Leaver and Gulson.
Against: NIL.
CARRIED 7/0
Mayor Easther vacated the chair.
Deputy Mayor Burr took the chair.
Moved Cr Easther seconded Cr Kearney that council expresses no
confidence in the pulp mill assessment process currently adopted by the
State Government as it denies individual citizens their democratic right to be
heard and consulted.
For: Crs Easther, Burr, Doddy, Allen, Kearney, Leaver and Gulson.
Against: NIL.
CARRIED 7/0
Deputy Mayor Burr vacated the chair.
Mayor Easther resumed the chair.
Moved Cr Burr seconded Cr Allen that council reiterates its decision of 20th
February 2007 that the RPDC is the appropriate body to assess the
proposed pulp mill.
For: Crs Easther, Burr, Doddy, Allen, Kearney, Leaver and Gulson.
Against: NIL.
CARRIED 7/0
19 August 2008
32
Moved Cr Kearney seconded Cr Burr that council writes to the Premier and
President of the Legislative Council insisting that any approval of the
proposed Tamar Valley Pulp Mill must include provisions for a rigorous real
time monitoring regime that matches the conditions under which the mill will
operate, including requirements for direct reporting to an independent
environment protection authority and that significant penalties be prescribed
for breaches of the operating conditions including shut down of the mill until
compliance with operating conditions can be achieved.
For: Crs Easther, Burr, Doddy, Allen, Kearney, Leaver and Gulson.
Against: NIL.
CARRIED 7/0
Moved Cr Gulson seconded Cr Kearney that council writes to all members of
State Parliament, Federal Environment Minister, Mr Turnbull, and all
members of Federal Parliament representing Tasmania informing them of
the outcome of the public meeting held on 14th August; and
a delegation consisting of the Mayor, Deputy Mayor, General Manager and
two residents of West Tamar who signed the petition calling for a public
meeting be formed to meet with members of State Parliament.
For: Crs Easther, Burr, Doddy, Allen, Kearney, Leaver and Gulson.
Against: NIL.
CARRIED 7/0
Moved Cr Allen seconded Cr Gulson that council requests the State
Government to conduct a risk assessment for the West Tamar Municipal
Area into all matters relating to the proposed pulp mill.
For: Crs Easther, Burr, Doddy, Allen, Kearney, Leaver and Gulson.
Against: NIL.
CARRIED 7/0
Moved Cr Leaver seconded Cr Gulson that council requests the State
Government to amend legislation to further restrict the load height and
speed of log trucks to improve safety and reduce death and injury from road
accidents.
For: Crs Easther, Burr, Doddy, Allen, Kearney, Leaver and Gulson.
Against: NIL.
CARRIED 7/0
Moved Cr Doddy seconded Cr Leaver that council demands of the Premier
and the Minister for Infrastructure that the proposed Tamar Valley Pulp Mill
not be approved until a binding commitment is made by the State
Government to address all of the issues raised in council’s submission to the
Resource Planning and Development Commission on the Transport and
Traffic Impact Assessment for the proposed pulp mill.
For: Crs Easther, Burr, Doddy, Allen, Kearney, Leaver and Gulson.
Against: NIL.
CARRIED 7/0
19 August 2008
33
Moved Cr Kearney seconded Cr Allen that council review its environmental
health obligations if the proposed pulp mill proceeds to construction and
operation.
For: Crs Easther, Burr, Doddy, Allen, Kearney, Leaver and Gulson.
Against: NIL.
CARRIED 7/0
3) Strategic/Annual Plan/Council Policy
Not applicable.
4) Statutory Requirements
Section 57 and 59 of the Local Government Act 1993.
5) Government Departments
Not applicable.
6) Community Consultation
The petition is from the community.
7) Alternative Options
Not applicable.
8) Financial Impact
Not known at this time.
9) Officer’s Comments
Council is required to hold a public meeting within 30 days of the 19 August
2008 council meeting to discuss the subject matter of the petition. Council
must also, in a notice publicly displayed, state the date, time and place at
which the public meeting is to be held also state the details of the subject
matter and invite written submissions for a period of 21 days. The notice is
to be published at least twice in the daily newspaper and sent to the persons
who lodged the petition.
The Local Government Office was requested to advise on the requirement
for council to hold the public meeting given that this matter had been
addressed last year. The advice received was that under the Local
Government Act 1993 council was required to hold a public meeting. Advice
was also sought form our solicitor and that confidential advice has been sent
to councillors under separate cover.
Ian Pearce
GENERAL MANAGER
19 August 2008
34
DECISION
Moved Cr Stevens seconded Cr Doddy that council carries out what was
requested in the petition and holds a public meeting.
For: Nil.
Against: Crs Easther, Kearney, Shegog, Doddy, Allen, Roach and Tyson
Abstained: Cr Stevens
LOST 0/8
