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Legislative
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| Ian Gilfillan Australian Democrats Member of the Legislative Council |
Parliament Index |
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Legislative
Council |
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| Ian Gilfillan Australian Democrats Member of the Legislative Council |
Parliament Index |
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LOCAL GOVERNMENT BILL
ECOLOGICAL SUSTAINABILITY A FUNCTION
AND ROLE OF A COUNCIL
Debate on the Local Government package of
Bills. i.e.
took place in the Legislative Council over two weeks: from 27 July to 5 August 1999. For ease of reference, on the Democrats web site the debates have been separated into individual pages, each page containing an edited transcript of only one aspect of the total package. This page covers only the functions and roles of a council, and the Democrats amendments which inserted "ecological sustainability" as required objectives of councils. For an index of other topics covered in the Local Government Bills, see the Democrats Local Government page, or the 1999 Budget Session Index |
In Committee.
Clause 1 passed.
Clause 2.The Hon. A.J. REDFORD: Will the Minister indicate when she believes this Act will come into operation, presuming that passes successfully through the Parliament?
The Hon. DIANA LAIDLAW: Late October.
Clause passed. Clause 3.The Hon. IAN GILFILLAN: I move:
Page 2, after line 2—Insert:(fa) to encourage local government to manage the natural and built environment in an ecologically sustainable manner; and
This is one of several amendments where we seek to include the ecologically sustainable aspect in the description of what is to be the incentive or encouragement for local government. I explained our approach in my second reading contribution. It does not need much expansion, but I briefly repeat that it appears to us that for today's Government management in any level it is imperative that it is mindful and motivated towards an ecologically sustainable program, and this is the first of several amendments that seek to include that encouragement in the wording.
The Hon. T.G. CAMERON: SA First indicates that it will support the amendments moved in the Hon. Ian Gilfillan's name, for the reasons outlined.
The Hon. DIANA LAIDLAW: The Government supports the amendment.
Amendment carried; clause as amended passed.
Clause 4.
The Hon. T.G. ROBERTS: I move:
Page 3, line 23—Leave out `or notice'.
The Hon. DIANA LAIDLAW: The Government opposes this amendment. This amendment relates to Labor's opposition to the whole of clauses 56 and 57, which set out a procedure for election in cases where the majority of members resign on the ground that relations between members are such that the council cannot function appropriately. It removes from the definition of `general election' reference to an election held pursuant to notice under clause 56. The provisions in clauses 56 and 57 allow a local council to resolve matters by a fresh election when relations between members break down over personality or principle.
The Hon. IAN GILFILLAN: I indicate that following consultations we oppose the amendment.
The Hon. T.G. CAMERON: SA First also opposes the amendment.
Amendment negatived.
The Hon. IAN GILFILLAN: I move:
Page 4, lines 20 and 21—Leave out `(but not one excluded by the regulations from the ambit of this definition)'.
We are not persuaded that there is any justification for a regulation to exclude a particular movable sign in these circumstances.
The Hon. DIANA LAIDLAW: The Government is prepared to support the amendment.
Amendment carried; clause as amended passed.
Clause 5 passed.
Clause 6.
The Hon. IAN GILFILLAN: I move:
Page 11, line 9—After `just and' insert `ecologically'.
This is a similar amendment to the first amendment I moved, namely, the insertion of the word `ecologically' where it applies to `sustainable'. I will not repeat the argument I put before. My comments are the same as my comments in respect of clause 3.
The Hon. DIANA LAIDLAW: The Government supports the amendment.
The Hon. T.G. CAMERON: SA First supports the amendment.
Amendment carried; clause as amended passed.
Clause 7.
The Hon. IAN GILFILLAN: I move:
Page 11, line 28—After `environment' insert `in an ecologically sustainable manner'.
This is a similarly motivated amendment.
The Hon. DIANA LAIDLAW: The Government opposes this amendment. It has supported previous amendments by the Democrats in terms of adding `ecologically sustainable practice' in respect of environmental matters. However, this amendment moved by the Hon. Ian Gilfillan refers to the functions of a council. We believe that the words he has moved to insert—`in an ecologically sustainable manner'—are out of place with the list of functions which deal with what a council's objectives must be rather than how a council is to undertake those matters. We are not against the principles and we support four of the Democrats' amendments relating to practice. However, this function of a council is not related to practice. As I said, it is a specifically subjective issue related to function.
516 The Hon. T.G. ROBERTS: The Labor Party supports this amendment, basically to encourage local government to look at ecologically sustainable matters. The system is as important as role and function in some cases, and this encourages a mind-set rather than being prescriptive on how it ought to be carried out. That is how the Opposition views it.
The Hon. T.G. CAMERON: SA First supports the Democrats amendment.
Amendment carried.
The Hon. NICK XENOPHON: I move:
Page 11, after line 32—Insert:
This enhances the role of a council as set out in clause 7. It makes clear that councils can act with respect to such issues, particularly in the context of research or considering adverse impact. I urge members to support this amendment. The Hon. DIANA LAIDLAW: The Government opposes the amendment. We believe that it is unnecessary and that the issues that the honourable member has raised are already covered in clause 6, which relates to the principal role of a council, which the Committee has passed. Members will note that clause 6(d) indicates that a council is to represent the interests of its community to the wider community and, having just heard the honourable member's explanation of the amendment that he has moved, I believe that the principal role of a council in clause 6(d) as passed addresses all those issues. Clause 7, which is before the Committee, makes provision for the welfare, wellbeing and interests of individuals and groups in the community as one of the functions of a council.(ga)to consider, assess and, if appropriate, act with respect to activities which raise issues for its local community, including gambling and other activities which may have an adverse effect on people within its community;
The Hon. IAN GILFILLAN: The Democrats oppose the amendment. We do not oppose the intention of the mover that a council should be responsible for providing for the well-being and the best interests of its electors, of its population. But the fact, as I see it, is that in several paragraphs of clause 7 there is a quite clear injunction to councils to deal with not just gambling but any area where they feel that the welfare, well-being and interests are at risk, and that is paragraph (c). Paragraph (h) is to establish or support organisations or programs that benefit people in its area or local government generally. So there is quite clear instruction from this Act, as it will be when it is eventually passed, for a council to be motivated to look at issues such as gambling and to act. It will, therefore, be up to the council, and the whole point of this legislation and the Democrats approach to it is that local councils will have as much democratic autonomy to make their own decisions as can be allocated through the process of this legislation.
So I repeat: we do not oppose the intention of the amendment, but we believe that it is unnecessarily prescriptive and, if that were to be accepted as part of the Act, it would mean that in relation to other issues, which may well be of genuine concern to the community, it could be argued, `It is not spelt out in the Act, therefore the council is not obliged to look at it.' I think the council is obliged to look at the effect of gambling, of unemployment, of drinking in public places; in whatever area of concern about the wellbeing of the population the council is duty bound to look at it.The Committee divided on the amendment:
519 AYES (8)
Cameron, T. G. Crothers, T.
Holloway, P. Roberts, R. R.
Roberts, T. G. Weatherill, G.
Xenophon, N.(teller) Zollo, C.
NOES (11)
Davis, L. H. Dawkins, J. S. L.
Elliott, M. J. Gilfillan, I.
Griffin, K. T. Kanck, S. M.
Laidlaw, D. V. (teller) Lawson, R. D.
Lucas, R. I. Redford, A. J.
Stefani, J. F.
PAIR(S) Pairs
Pickles, C. A. Schaefer, C. V.
Majority of 3 for the Noes.
Amendment thus negatived; clause as amended passed. Clause 8. The Hon. IAN GILFILLAN: I move: Page 12, line 8—Leave out `sensitive' and insert `responsive'. Therefore, if my amendment is agreed to, clause 8 `Objectives of a council' will provide: A council must, in the performance of its roles and functions—(b) be responsive to the needs, interests and aspirations of individuals and groups within its community;
I do not believe that the word `sensitive' carries anything more than a platitudinous encouragement, whereas— The Hon. T.G. Roberts: You lose sleep. The Hon. IAN GILFILLAN: Yes, you lose sleep if you are sensitive. In that case, I would think that the honourable member suffers from a lot of insomnia. Members interjecting: The Hon. IAN GILFILLAN: Apart from analysing the night-time habits of the Labor front bench, I point out that the word `responsive' implies a consideration and an action, and I believe it improves the effectiveness of the provision. To give some encouragement to the mover of the last unsuccessful amendment (Hon. Nick Xenophon), I point out that I think that these are the sort of areas in the legislation where concerned citizens can urge their council to act in the way in which the Hon. Nick Xenophon would like them to act. The Hon. DIANA LAIDLAW: The Government supports the amendment. Amendment carried. The Hon. IAN GILFILLAN: I move: Page 12, line 17—After `seek' insert:`to facilitate sustainable development and the protection of the environment and'
Therefore, if my amendment is agreed to, clause 8(f) will provide:
. . . to facilitate sustainable development and the protection of the environment and to ensure a proper balance within its community between economic, social, environmental and cultural considerations;
I believe the wording improves the intention and makes it a more explicit paragraph.
The Hon. DIANA LAIDLAW: The Government is prepared to accept the amendment.
The Hon. A.J. REDFORD: I understand the sentiments of the honourable member. My only concern is—and I will be interested to hear the Minister's response—whether this will allow third parties to attack council approvals for the granting of development approvals on the basis that it is not a sustainable development. For example, if a council approves the establishment of a power station that uses fossil fuels, will this clause be used to attack that decision on the basis that it is at least arguable that the use of fossil fuels is not sustainable development and therefore should not proceed?
The Hon. DIANA LAIDLAW: The Government does not have a difficulty with the amendment, but I accept the basis for the question. These objectives for a council as outlined in clause 8 apply across all decision making in terms of a council's roles and functions, and it is only under the terms of the Development Act where those matters can be appealed. It is quite clear as to what can be appealed, and we will make it clearer still with further amendments to the Development Act later this year. So, the Government has no concern in respect of the matter raised by the honourable member in his question.
The Hon. A.J. REDFORD: I will go on the record as being a little concerned. I do know that courts will make decisions and often will look at motherhood clauses such as this to influence their decisions. I do not think the Hon. Ian Gilfillan is being silly; I think he has an agenda. I do not criticise the fact that he has an agenda; we all have as members of this place. However, there is a risk that this might prevent development that is not sustainable. I recognise the numbers, but I express my concern so that at some stage down the track I might have the opportunity to say, `I told you so.'
Amendment carried; clause as amended passed.
See Ian Gilfillan's News Release on this issue: 24 July 1999
