Ivan Dean, Speeches Index

Wednesday 31 October 2007

ENVIRONMENTAL MANAGEMENT AND POLLUTION CONTROL
AMENDMENT BILL 2007

Mr DEAN ( Windermere ) - Mr Deputy President, I intend to make a brief contribution to this bill. I support the bill and the amendments because this act has required a number of amendments for some time. It is fairly tough for police and it is fairly tough for council employees to police the environmental protection rules and laws, particularly with parties, and as has been identified, noise has been reported. One case in Launceston which I think is well known was where there was a two-storey unit and the people living in the top storey unit really did have a bit of a thing about those living underneath. They were continually thumping around in the upstairs room making noises constantly through the night. When they were challenged they simply said that it was just normal noise in the normal course of their activity in their room. It is very difficult for council to bring that to a conclusion.

It did cause council a lot of concern so I think that a lot of these amendments might help in that regard. The point that I want to refer to - and the member for Murchison has briefly referred to it - is the extra costs that are pushed onto local governments. Local governments are not in a position to accept any further responsibilities without the appropriate funding being provided to them. They find it difficult even now to provide the necessary services with the funding that they have. At the end of the day the ratepayer is the person who has to pay for that extra service. They pay for it. There are some extra responsibilities required here, and I quote the third paragraph from the second reading speech:

'The intent of the review under the Legislation Review Program was to minimise the impact of the act on industry while not significantly increasing the regulatory burden on local government'.

One can assume from that that there are extra responsibilities placed on local government. It is clear when you read through this and some of the amendments.

Where does local government get the extra staff and extra funding from to do this? In fact, they have no opportunity to do that. They have to simply disregard other responsibilities and other duties that they have to take on the extra responsibilities provided in these amendments. That is the way they do it. Environmental officers are not easy to get and when you do get them they are not easy to keep so there are a lot of problems that local government have in this regard.

I want to remind the Government of the agreement reached in April 2006 and contained in the Intergovernmental Agreement Establishing Principles to Guide Intergovernmental Relations on Local Government Matters. I will quote from that document to which our Premier is a signatory. Mr Lennon signed that document on 24 April 2006. Under Part 1, covering the fundamental principles of the agreement:

'The parties agree in principle that where local government is asked or required by the Commonwealth Government or a State or Territory Government to provide a service or function to the people of Australia, any consequential financial impact is to be considered within the context of the capacity of local government'.

Has that happened in this case? I do not think that it has and I am doubtful that some of our legislators, the people responsible for writing these bills, are even aware of this agreement. I would not be surprised, Mr Deputy President.

Another quote from this document is on the second page:

'The Agreement is the culmination of a process which began with the November 2003 report of the House of Representatives Standing Committee on Economics, Finance and Public Administration - Rates and Taxes: A Fair Share for Local Government . The report recommended the development of an inter-governmental agreement to address cost shifting onto local government. The Australian Government in its response, announced that such an agreement was supported in principle and that development of an agreement would be pursued'.

Another paragraph from that same page:

'The objectives of the inter-governmental agreement include providing for greater financial transparency between the three spheres of government in relation to local government services and functions. In addition, the agreement aims to improve the relationship and consultation between governments and on local government matters'.

That is a fairly strong document, Mr Deputy President, because it very clearly identifies our Premier as a signatory to that document saying that cost-shifting to local government will not really occur unless there is support provided. That is really what it is saying. I ask the Leader of the Government in this instance whether or not due consideration was given to that document. I do not disagree with the amendments because it will make it easier for local government officers to police but with that go the extra responsibility and extra requirements, as I said, on local government.

There are some other issues I will refer to during the Committee stage. At this time that is as far as I wish to take it. I do ask the Government to address the issue of cost-shifting to local government.

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