Protectors of Public Lands
Victoria Inc. (PPL VIC)
VCAT Review:
Jill Quirk of Sustainable Population Australia (SPA) and I attended a forum on 11 May 2009 run by the President of VCAT Justice Kevin Bell at which we voiced a number of concerns about the malfunctioning of VCAT, including the delays in receiving advice on cases such as our Practice Day hearing on 13 March. (The PPL VIC ‘s case over the appeal over the trapping and killing of possums – protected wildlife - in the Catani Gardens St Kilda which involved installation of metal bands on heritage significant avenues of palms). On 15 May we made a submission to the VCAT review and on 8 August put in an addendum criticising the personal comments made by a VCAT Tribunal Chair about me as a PPL VIC representative and Tom Pikusa our barrister. These criticisms were contained in the decision on our case. We have not yet heard the results of the VCAT Review.
Planning:
On 13 June we attended a rally on the steps of Parliament organised by the Coalition of Concerned Councillors and Planning Backlash (PB) on the Parliament Amendment Bill designed to establish Development Assessment Committees on Activity Centres. Our President was interviewed and the interview placed on the PB website after the rally. The Bill was referred to a Disputes Resolution Parliamentary Committee the day after the rally. On 17 September it came to the Upper House again after a dispute in the Disputes Committee! It came back before the Upper House on 13 October 2009 and was, unfortunately in our view, passed with Opposition Coalition support.
Expansion of Growth Areas Boundary, Destruction of Green Wedges and Levy of Growth Areas Infrastructure Contribution (GAIC) Tax:
The GAIC tax is the Trojan horse which, if passed, will guarantee the extension of the Urban Growth Boundary and the consequent destruction of Green Wedges. PPL VIC considers the GAIC tax is grossly unfair, unequal and discriminatory impacting on small landowners and property owners on the rural fringes of Melbourne and is opposed to extension of the Urban Growth Boundary and alienation of Green Wedges.
Together with allies - Taxed Out, Green Wedges Coalition and SPA - PPL VIC held a rally on 14 July 2009. This was held in the city with a march on the Intercontinental Hotel in Collins Street where Planning Minister Justin Madden was holding an ALP fund raising lunch (“Cash for Chat”) speaking to developers on fast tracking infrastructure projects. We delivered a set of resolutions from the rally to the Minister after the lunch. The rally had media coverage by TV stations but not print media. On 3 August PPL VIC and allied groups held a meeting with Kelvin Thomson Federal Member for Wills who has been active over the question of the extension of the Urban Growth Boundary and GAIC plus the impact on the environment and way of life of recent population growth.
The GAIC Bill was introduced to the Lower House on the 10 November and had the second reading on 11 November 2000 and was passed on 27 November with opposition voting against the Bill. It is routine in Parliament that what is known as a “Statement of Compatibility” be prepared to assess whether the legislation is in accordance with the Parliamentary Charter of Human Rights and Responsibilities. Given our concerns over what to us is the patently discriminatory and unequal nature of the tax, we have referred the matter to lawyers to undertake an independent human rights analysis of the Bill.
A second rally by Taxed Out and supported by our allies was held on 24 November on the steps of Parliament to coincide with the debate of the Bill in the Lower House. The rally was the culmination of over six months of action by PPL VIC which included: A submission made to the Government’s Urban Growth Boundary Review on 3 July; the rally in the city on 14 July mentioned above; attendance at various Government "consultation sessions" on the Urban Growth Boundary Review; the meeting with Kelvin Thomson (see above); and a submission to the Joint Parliamentary Outer Suburban Interface/Services and Development Committee. I attended a OSISD Committee hearing on 20 October where 1, PPL VIC‘s representative, was treated with contempt and abused by two Labor MP’s (Danielle Green and Don Nardella). Also we made a submission to the Government on the GAIC Bill; attended a joint briefing session on the Bill by staff at the Office of Planning Minister Madden; and attended the debate on the GAIC in the Lower House on 26 November. As Don Nardella MP called me a “liar” over evidence I presented at the OSISD Committee for the CFA and UFU over lack of fire fighting services in the outer suburbs, I will be requesting a “right of reply” before the Parliamentary Privileges Committee.
The GAIC Bill will be debated in the Upper House of Parliament in the last session of Parliament somewhere between the 8 and 10 December 2009. The Opposition and Greens have indicated that they will be voting against the Bill. We ask that as many people as possible attend this crucial hearing of Parliament.
Catani Gardens St Kilda: On 27 July I, as PPL VIC representative, made a submission to Port Phillip Council on failures of management of Catani Gardens and its wildlife, referring to our VCAT appeal on the trapping and killing of possums and the VCAT case on FOI referred to the Ombudsman but not resolved. (The Council did not have any contracts for the projects in the Catani Gardens nor for the employment of pest exterminators hired to eliminate the population of tame possums – which are supposedly protected wildlife.) PPL VIC was promised that Port Phillip Council would revise the Master Plan but it was discovered at a meeting with a consultant that it has morphed into a management plan with little regard for the heritage values of the Gardens and is designed to eliminate all wildlife in the Gardens (despite the fact that the colony of possums is a prime tourist attraction.) This is an example of the failure of DSE to protect urban wildlife; an example of the compliance of Heritage Victoria with local government in destroying heritage gardens; and evidence of the failure of the RSPCA to act on cruelty to wildlife.
Objection to John
Brumby “Cash for Chat” Fundraising Lunch with Developers:
On 7 August 2009 I was interviewed on ABC and Channel 7 over the Brumby ALP fund raising lunch with developers.
Objection to Proposals
to Obtrusive Sports Lighting in Boroondara
On 17 August PPL VIC made a submission to Council re proposed sports lighting for Hays Paddock, which would have had serious environmental impacts and affect residential amenity. Other groups submitting were the Astronomical Society of Victoria, Boroondara Residents’ Action Group (BRAG) and the Hay’s Paddock Residents Association. Friends of Willsmere Park and Kew Billabong assisted with photos for our presentations. Council rejected the proposal, despite a recommendation from Council officers to approve it. It was a great example of joint community cooperation to defeat a project which would have proved destructive of the environment and residential amenity.
Carlton Gardens: In early August PPL VIC had a meeting with Patrick Greene, CEO of the Museum on the Carlton Gardens. He is the Victorian Representative on the Australian World Heritage Advisory Committee. We wanted to ask him was he going to take up the issue of the continued degradation of world Heritage Carlton Gardens with the Melbourne International Flower and Garden Show (MIFGS) and the loss of historic trees. On 4 August PPL VIC made a submission to the Eco-City Committee of the City of Melbourne on the Carlton Gardens under the agenda item of “Managing Water Use in City Gardens”. Rob Galbraith, our arborist, had written a report on the urgent need to mulch heritage trees. I attempted to prove that, due to Council neglect and the impact on the Carlton Gardens of MIFGS, old trees are progressively being lost. On 11 August PPL VIC made a submission to the Economic Development and Knowledge Committee of the City of Melbourne on the item on the MIFGS. Even though we had asked for the Compaction Report – on the impact of the MIFGS on the Gardens - we had been denied it. I again tried to prove that the MIFGS was killing the Gardens (aerial photos show quite clearly that approx. half the heritage trees in avenues have been removed from the South Gardens.) The Compaction Report said no damage was being done to the Gardens; therefore the Council approved the MIFGS to continue. In a letter sent in October the Lord Mayor attempted to prove that trees are not progressively dying in the South Carlton Gardens. Despite assurances to the contrary, trees on the South Carlton Gardens have not been mulched, obviously so installation of displays and exhibits for the MIFGS won’t be impeded.
Major Transport Projects Facilitation Bill 2009: On 3 September this bill was introduced to Parliament. PPL VIC issued a media release and it was covered in the Age. On 17 September the Bill was rushed through the Upper House of Parliament without Coalition Opposition. Colleen Hartland Greens member quoted PPL VIC and an extensive passage from our media release is recorded in Hansard. This is legislation is designed to fast track road projects: Western Link; North East Link; E6 through Wollert; Mornington Link (Frankston Bypass); and the Hoddle Street Development.
Victorian Transport Plan: On 19 August 2009 GAMUT held a Forum on the new Melbourne Metro with speakers from the Department of Transport and from Zurich Railways. On 16 September PPL VIC held a meeting with Vicroads about Hoddle Street Development. Groups attending were Collingwood and Abbotsford Residents’ Association (CARA); Yarra Campaign for Accessible Transport (YCAT) (This was once Yarra Campaign against the Tunnel); East Melbourne Residents’ Association; and Coalition of Transport Action Groups (CTAG). There was no conclusion as the Vicroads Project Officer simply indicated that he was undertaking a Study and listening to comments but agreed to set up a website as a means of informing the community on project. It signalled to Vicroads that community groups are ready for action.
PPL VIC has been invited to a meeting with the Department of Transport Melbourne Metro One on the location of underground stations in Parkville and West Melbourne.
Yarra Park: On the announcement on 2 September 2009 re the take over by State Government of Yarra Park for an MCG carpark PPL VIC objected, has had letters in the media and been quoted in articles in the local press. Legislation is now in Parliament to transfer management of the Park to the MCG Trust i.e. the State Government. In my view the takeover is to ensure that the Park can be used as a construction site when Hoddle Street is developed and as a super size carpark for when the rectangular soccer stadium is open.
Banyule Wetlands and Warringal Parklands: On 1 June PPL VIC, in support of the Friends of Banyule and the Warringal Conservation Society, made a submission to Banyule Council urging that Councillors take a stand against the North East Link. Council has refused but may consider undertaking a heritage study of these environmentally sensitive areas. In November I spoke for PPL VIC at the Friends of Banyule AGM on the threat of the NE Link.
Apologies if I have omitted important issues in my report. It is obvious that the State Government should be given zero out of ten on any report card on planning, the environment, heritage and transport.
Signed:
Julianne Bell
Secretary
Protectors of Public Lands Victoria Inc.