From the President

The recently released High Court judgment in the case brought by states' rights champion Bryan Pape questioning the legality of stimulus payments paid by the Commonwealth has wide-ranging implications for local government funding.

Resolving the uncertainty it has created will not be easy and I have written to the Prime Minister to seek his view on the way forward.

Direct payments from the Australian Government to councils have been a critical fixture in local-federal relations since 2000 when the Roads to Recovery Program (the R2R Program) was established. The R2R Program has delivered around $3 billion directly to councils to build and improve local roads. More recently, this direct financial relationship between the Australian Government and councils has been expanded with the more than $1 billion in funding for local community infrastructure announced through the Community Infrastructure Program.

While it is unlikely these programs will end as a result of the judgment, there is a possibility that these programs and any future ones will need to be restructured so that payments are made through the states. This is problematic for a number of reasons, not least because it undermines the intergovernmental place of local government in Australia's system of government and also because it creates unnecessary uncertainty for councils around future funding.

In a recent article in The Australian I linked the decision with the need for local government to be included in the Australian Constitution. It makes no sense that in 2009 there is still doubt as to whether the Australian Government - as the collector of the bulk of taxation revenue - has the right to share critical funds directly with local councils. The uncertainty thrown up by this case highlights the fragile and outdated nature of the Australian Constitution and underlies our case for reform.

At the recent National General Assembly of Local Government (NGA) we outlined ALGA's efforts advance constitutional reform since last year's Constitutional Summit in Melbourne. The NGA also received a presentation from Nicola McGarrity who co-authored a technical briefing paper on constitutional recognition with Professor George Williams and we gained valuable insights on political and community engagement from former Senator Robert Ray who is now a special strategic adviser working for CPR Communications.

ALGA has engaged both Professor Williams and Robert Ray through CPR to assist us with achieving the vision set by delegates at last year's Summit and reaffirmed by delegates at this year's NGA. The technical briefing paper is currently being condensed into a shorter document outlining the 'yes' case and providing clear and concise wording for a preferred constitutional amendment proposal.

At our recent ALGA Board meeting, the Board considered a strategic framework prepared by CPR to guide local government on the path to constitutional change. The Board discussed the need for a broad nationally coordinated campaign to raise the profile and standing of local government in the general community as a prerequisite to a referendum. The ALGA Board has approved commencement of the first part of the strategy to set the groundwork to achieve this change and I look forward to reporting further progress towards the end of this year.

As I'm sure you already appreciate, this is an important conversation we will have, not just with political leaders federally, but also with the states, with ourselves and ultimately with the Australian people. How councils present the issue to their local constituencies will be an important part of this conversation and critical to any eventual success.

Cr Geoff Lake
ALGA President

Developer levy cap concern

The LGSA are calling on the NSW Minister of Planning to reconsider her disappointing decision to restrict six councils to the $20,000 developer levy cap.

Of the 34 councils to apply for permission to exceed the cap, six applications have been rejected. They include North Sydney, Hunters Hill, North Sydney, Manly, Coffs Harbour, Tweed and Lane Cove councils.

President of the NSW Local Government Association Cr Genia McCaffery said that there are serious concerns about the ability of those six councils to meet the infrastructure needs of their communities.

"These contributions are crucial to ensure our communities are provided with the essential facilities like roads, footpaths, community and youth centres, libraries, parks and playgrounds," she said.

"There is already a major local infrastructure backlog in NSW, and council's avenues for raising the funds to address their communities' infrastructure needs are getting more restricted every day. Our councils are financially stressed and, unfortunately for these six, things are going to get worse."

President of the Shires Association Cr Bruce Miller said that the approval of the majority of applications - some with modest savings requested - validated the overall system of development contributions.

"This review has for the most part affirmed the principle of development contributions and their importance for local councils and their communities," said Cr Miller. "It's encouraging to see that the $20,000 threshold was not an absolute cap, and I congratulate Planning Minister Kristina Keneally for sticking to her word. We're very pleased that a majority of councils have been granted approvals beyond the threshold by the review. However, we strongly urge the Minister to reconsider the rejected applications."

Demand for health professionals

According to the Australian Bureau of Statistics, the median age of the Australian population has risen by 5.3 per cent over the past two decades.

This ageing population has resulted in an increased demand for healthcare professionals.

To address this demand, the Australian Catholic University's (ACU National) Brisbane campus at Banyo has announced the expansion of the Faculty of Health Sciences in 2010 with the introduction of a Bachelor of Physiotherapy, Bachelor of Exercise and Sports Science and Bachelor of Exercise and Health Science.

Public against amalgamations

Latest research shows West Australians do not support forcing Local Governments to amalgamate and believe that the reform process should look at other ways to improve the sector.

The independent research, commissioned by the WA Local Government Association, also found that the community is adamant it wants to be both consulted and have a vote on any proposed amalgamation.

Conducted by research consultancy Knowledge, more than 1250 West Australians were randomly surveyed from across the State.

Key findings were that almost half those people surveyed (48%) had an interest in the Local Government reform process while 74% believed that the process should consider alternatives to amalgamations of Councils.

Of those surveyed, 63% agreed that the State Government should not force Councils to amalgamate and they overwhelmingly (83%) wanted to have a vote on any amalgamation proposed for their Local Government.

WALGA President, Cr Bill Mitchell said the large sample size, with its high level of confidence, and that the survey was conducted independently, demanded that the findings be given due credence.

"This survey demonstrates that the community is interested and more importantly wants to have a say in the future of their Councils," Cr Mitchell said. "It is encouraging that they want to get involved and are not stuck believing that amalgamations are the only option for better Local Government".

Mobile attachment

A new survey has found Australians would rather sacrifice exercise or quality time with their partner than live without their mobile phone or favourite bag. The survey for American Express revealed 61 per cent of the 1001 Australians polled couldn't live without their plastic credit and debit cards. Sixty per cent of those surveyed said they couldn't live without their mobile phones, 32 per cent said they couldn't live without their favourite bag and 24 per cent said their laptop was their most treasured possession. Around 48 per cent said they would be willing to give up exercising, 34 per cent would give up eating breakfast for a fortnight, 11 per cent would sacrifice quality time with their partner and 6 percent would cease showering for the sake of their personal possessions. (Source: AAP)

Inland cities

The Federal Government has announced it will provide $1.2 million toward the Evocities partnership between the NSW cities of Albury, Armidale, Bathurst, Dubbo, Orange, Tamworth and Wagga Wagga.

The $4 million three-year campaign will market the advantages of life in regional centres in a comprehensive multi-media campaign in the Sydney market. The 'Evo' in the Evocities branding is short for "energy, vision, and opportunity."

The Evocities project is funded under the $176 million Better Regions Program.

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BEKON Energy Technologies

BEKON Energy Technologies of Germany are looking to develop benchmark solid waste-to-energy projects in Australia based on their fully commercialised "Batch Sequential Dry Anaerobic Digestion System".

In many ways, the BEKON process turns conventional Anaerobic Digestion (AD) wisdom on its head. Distinctively, the BEKON process is not another wet AD system that's been adapted to process solid wastes: it has none of the limitations of those systems.

Robust and Highly Adaptive
BEKON's benchmark process is extremely robust and highly adaptive. "It's been developed from the ground up to process the widest range of solid organic feedstocks in their "as-presented" dry stackable form"

Greenwastes and Residuals
The BEKON system can process source segregated greenwastes and foodwastes without the need for preprocessing: even when these feedstocks are contaminated.

At landfills or transfer stations, BEKON can intercept and dry segregate residual wastestreams and process the organic portion: again, even when these feedstocks are contaminated.

High Quality Biogas
High quality BEKON biogas can be readily utilised in stationery engines to produce baseload renewable energy. Alternatively, biogas can be conditioned and fed into natural gas networks.

Experience Matters
With ten projects in operation across Europe, six under construction and many more under development; BEKON have the experience to deliver site specific solutions across Australia.

Ken Davey
For BEKON Energy Technologies, Germany
www.bekon-energy.de/englisch.htm
Phone: 0427 268 006
Email: nwws@westnet.com.au

E-waste consultation

The Environment Protection and Heritage Council encourages submissions on the Television and Computer Product Stewardship consultation package. The closing date for submissions is close of business Thursday, 13 August 2009. Details here.

The television and computer product stewardship consultation package comprises:

• Consultation Regulatory Impact Statement (RIS): Televisions and Computers
• Willingness To Pay For E-Waste Recycling - Final Report (Choice Modelling study), and
• Draft Code of Practice for Managing End-of-Life Televisions

A series of public consultation forums will be held in Adelaide, Perth, Sydney, and Melbourne during the public consultation period. Further details will be provided when the forums are confirmed.

National Broadband Network Update

The Australian Government is intending to announce the chair of the NBN board next month. When established, the Board will be consulted on the best location for the headquarters of the $43 billion NBN, with the decision being made on commercial terms. Minister Conroy said in a speech this week that there was very lively competition between Queensland, NSW and Victoria for the headquarters.

Regional Backbone Blackspots Update

The Australian Government's Regional Backbone Blackspots Program is fast-tracking investment of $250 million to help improve regional broadband competition and services.

A competitive tender to construct, operate and maintain the backbone links was called earlier this month, with construction expected to begin by September.

The initial priority locations to receive investment are:

• Emerald and Longreach, Queensland
• Geraldton, Western Australia
• Darwin, Northern Territory
• Broken Hill, New South Wales
• Victor Harbor, South Australia
• South West Gippsland, Victoria

"Backbone links are the broadband highways that connect our cities, towns and rural areas to the wider world," Senator Conroy said, when announcing the priority locations.

Further information may be found here.

EM training opportunity

The accredited short course Introduction to Emergency Management for Local Government is to be held on 11-14 August 2009 at the Institute at Mt Macedon, Victoria. This course has been designed to introduce leaders, employees and elected officials in local government to some of the range of issues and experiences faced by local governments when dealing with emergency management. The cost for tuition, accommodation and air travel are met by the Australian Government.

If you are interested in participating in the course please contact your relative state nominating authority, these details, along with further information on the course available to you can be viewed on the website in the education section. Please note that the closing date for nominations through your state authority is 24 July 2009 and should be marked ALGA REP on the first page.

Coastal pollution spill

Moreton Bay Regional Council in south-east Queensland has passed a resolution condemning Swire Shipping, the owner of the Pacific Adventurer.

The ship was responsible for a massive oil spill along south-east Queensland beaches and Moreton Island earlier this year.

The company is in conflict with the State Government after Swire refused to pay the entire clean-up bill of more than $30 million.

Swire Shipping says it is only legally required to pay $14 million under an international shipping convention limiting liability.

Moreton Mayor Allan Sutherland says the council motion demands Swire pay all costs associated with the clean-up

Lehman Brothers update

Councils in the central western New South Wales region are being urged to seek legal advice because the door is closing for making claims against the US arm of failed bank Lehman Brothers.

Many councils in the region, including Parkes, Blayney, Wellington and Gilgandra, lost large amounts of money in the Lehman Brothers collapse and are trying to recoup some of that.

IMF litigation fund director John Walker says as part of a test case brought by Parkes and a Western Australian council against Lehman Brothers, another hurdle has been encountered.

Mr Walker says the bank's US arm, Lehman Inc, has obtained a court ordered 'barring date' which is a cut off for creditors to make claims.

"If claims by the churches and charities and councils aren't made directly by September 22, then they'll be forever barred in any event," he said.

Meanwhile, Lehman Inc is seeking to have its say in the test case brought by the two councils.

The matter is back in court next week.

Swine Flu

The swine flu pandemic has become "unstoppable" and all nations will need access to vaccines, according to WHO official Marie-Paul Kieny.

As the death toll increased, the World Health Organisation official said a swine flu vaccine should be available as early as September and all countries would need to be able to protect themselves.

More than 115,000 swine flu cases have been reported worldwide, including close to 600 deaths.

Young Planner Scholarship

The Outdoor Media Association and the Planning Institute of Australia are offering one lucky planning student or young planner a $15,000 scholarship to travel overseas and research how outdoor advertising is both regulated and integrated in international locations.

The Young Planner's Scholarship is for motivated young planners with a desire to learn more about outdoor advertising in the built environment. Winners of the scholarship will be funded to travel to international cities of their choice to research a specific topic related to the integration and regulation of outdoor advertising. The results of their research will be then used to contribute to the knowledge base of the town planning and outdoor advertising communities in Australia.

Applications close 29 August 2009. For more information please click here.

Tourism report

The Minister for Tourism, Martin Ferguson, recently released the Jackson Report produced by the Long Term Tourism Strategy Steering Committee.

Minister Ferguson said the Jackson Report would be considered as a valuable contribution to the ongoing development of the National Long-Term Tourism Strategy, which will be finalised later this year.

The Jackson Report is available at www.ret.gov.au

Aboriginal remains come home

Aboriginal remains collected last century and brought to Italian museums or medical colleges for study are to be returned to their traditional owners in Australia.

The Prime Minister, Kevin Rudd and his Italian counterpart, Silvio Berlusconi, held bilateral talks at the end of the Group of Eight meeting in L'Aquila and signed a memorandum of understanding after years of controversy.

The joint declaration establishes the principles for co-operation between Australia and Italy relating to the identification and repatriation of indigenous remains from Italian cultural institutions.

Building Codes Board

The Australian Building Codes Board is proud to announce the next International Building & Construction Conference. The Conference will be held at RACV Royal Pines Resort on the Gold Coast, Queensland 20 - 23 September 2009. General Enquiries Phone Number (07) 5552 8314 +61 7 5552 8314

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The fourth annual Local Government Sustainable Development Conference

Tuesday 18^th - Wednesday 19^th August
The Sebel Albert Park, Melbourne

This annual peak national local sustainable development conference designed to assist local government practitioners to identify, plan and implement best practice sustainable development solutions, particularly related to reducing the carbon footprint. It will showcase leading edge examples of outstanding environmental initiatives by Australian local governments.

Key speakers will include:-

• Geoff Lake, President, Australian Local Government Association
• Cr Geoff Ablett, Mayor, City of Casey
• Stephen Sawtell, General Manager, Coffs Harbour City Council
• Nick Bailey, Manager, Local Government, Sustainability Victoria
• John Gertsakis, Executive Officer, Product Stewardship Australia
• Steve Harrison, Director, Business & Economic Development, City of Prospect

Topics will include:

• Expert analysis of Local Government's emissions trading obligations
• Climate change and energy efficiency
• Integrating sustainability into economic imperatives
• Practical approaches to water management
• Sustainable planning and urban design
• Waste management and resource recovery
• Community engagement in environmental initiatives
• Green purchasing and procurement

For further information, or to register for the Conference, go to www.halledit.com.au/lgsd09 or contact Denise McQueen on 03 8534 5021 or denise.mcqueen@halledit.com.au