AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION

Clean Energy Bills introduced following widespread consultation

The Australian Government introduced 18 Clean Energy Bills to Parliament this week, which aim to put a price on carbon pollution, promote investment in renewable and clean energy technologies and reduce emissions.

The Bills implement the key elements of the Government's Securing a Clean Energy Future plan announced on 10 July. The legislation has been finalised following widespread consultation with stakeholders and the broader community, with more than 300 submissions presented on the exposure drafts of the main Clean Energy Bills, which were released in late July.

ALGA has presented a submission on the Clean Energy Future legislative package. However, many of the key areas of concern for local government, including the inclusion of landfills, will be determined in regulations which are yet to be developed. A Joint Select Committee is expected to be established, comprising a cross-section of parliamentary members, which would hold an inquiry into the legislation and report back to Parliament on its findings. The Government plans to have the legislation passed by Christmas.

ALGA will continue to work with the Department of Climate Change and Energy Efficiency on the development of the regulations. Until these are available, councils will not know which landfills will be included in the scheme and which will not be covered.

Fibre Deployment Bill passes Parliament

The Telecommunications Legislation Amendment (Fibre Deployment) Bill 2011 was passed by Parliament this week. Primarily, the Bill amends the Telecommunications Act 1997 to ensure that any fixed lines (e.g. pit and pipe) installed in a development must be fibre-ready and provides for penalties for developers that are constitutional corporations that sell property without fibre-ready infrastructure. The provisions of the legislation will come into effect on the day following Royal Assent. A copy of the legislation can be accessed by clicking here.

The amendments will also enable:

the Minister to specify new developments in which fixed lines which are installed need to be optical fibre
carriers to seek access to passive infrastructure that is owned by a non-carrier
the Australian Communications and Media Authority to make standards for customer equipment and cabling for use with the NBN and other superfast networks.

In order to avoid retrospective impact, the Bill includes exemptions for projects which are already under way or where contracts for installation have been signed. The Minister for Broadband, Communications and Digital Economy may make legislative instruments to deal with particular circumstances. The provisions do not apply to developments where sewerage services, electricity or water are not supplied. Developments outside the long term NBN Co fibre footprint would be exempt from the requirement, and the legislation provides for NBN Co to make a statement as to whether a project is outside the fibre footprint.

Further information on fibre in new developments is available in the departmental policy update.

Senator Brown introduces private bill on mobile phone towers

Leader of the Australian Greens, Senator Bob Brown, has drafted a Private Senator's Bill to amend the Telecommunications Act 1997 with respect to mobile phone infrastructure.

Senator Brown's Bill seeks to strengthen the requirements for community consultation in relation to the installation of telecommunications facilities and requires the 'precautionary principle' to be considered in decisions about the location of such facilities. It also removes the exemption of state and territory laws in relation to the installation and maintenance of such facilities. Additionally, the Bill provides for a five-yearly review by the Radiation Health and Safety Advisory Council of the radiofrequency exposure standards.

Senator Brown's Bill includes a requirement for carriers to prepare Local Telecommunication Network Plans detailing their proposed telecommunication network layout for the next five years - the plans are to be developed within three months after the end of each financial year. Copies of the plans are to be provided to the Australian Communications and Media Authority (ACMA) and relevant local government bodies. The Bill and explanatory notes are available on the parliamentary website, click here.

Private Senator's Bills are debated and voted upon every Thursday morning when the Senate sits - time is allocated according to the proportion of members each party has in the chamber.

President's column

From the President

National environmental reforms welcome

It was pleasing to see that the Australian Government responded to the Hawke Review of the Environment Protection and Biodiversity Conservation (EPBC) Act 1999 last month. Local government has long expressed concerns with the operation of the legislation and encouraged the Commonwealth to introduce appropriate changes that would address the cumbersome administrative processes whilst strengthening the level of strategic protection of key environmental attributes.

Community participation in the review process was extensive and ALGA and state and territory associations participated in several consultations with the Minister for Environment, Tony Burke, and departmental staff.

In short, the Australian Government has agreed with the Hawke Report's conclusion that five processes define the future direction for Commonwealth environmental regulation: harmonisation, accreditation, standardisation, simplification and oversight. The Government will now develop this new approach within the scope of the Commonwealth's constitutional powers, international obligations and responsibilities, and, where appropriate, existing Commonwealth legislation.

The Government response is based around these key themes and five key policy objectives, which were the basis for the terms of reference of the Report. These are to:

promote the sustainability of Australia's economic development to improve individual and community wellbeing while protecting biological diversity and maintaining essential ecological processes and systems;
work in partnership with the states and territories within an effective federal arrangement;
help deliver Australia's international obligations;
reduce and simplify the regulatory burden on people, businesses and organizations while maintaining appropriate and efficient environmental standards; and
ensure activities under the Act represent the most appropriate, efficient and effective ways of achieving the government's outcomes and objectives in accordance with the Expenditure Review Principles.

As responsibility for the environment is shared between levels of government under the Australian Constitution, effective implementation of the response to the Hawke Report will require close collaboration with state and territory governments. The Government will now progress this aspect of the reform agenda through COAG, relevant ministerial councils, and bilaterally with state and territory governments.

Local government's long standing frustration with the EPBC Act concerns differences and inconsistencies between the Commonwealth and state/territory environmental planning legislation and in the Commonwealth arrangements through which compliance with the EPBC Act is pursued.

The Government's response is positive for local government as it is consistent with the sector's call for more emphasis to be placed on strategic assessments and adoption of a single approval process across Commonwealth and the states and territories.

Other initiatives that local government should benefit from include the Government's commitment to establish a single national list of threatened species and ecological communities, an improved administrative process and the release of more public information. By cutting red tape and introducing both guidelines and self-assessment tools, the proposed revised Act has the potential to provide a greater level of certainty for all interested parties. In this regard, ALGA will continue to liaise with the Minister and his department on how information and training about the revised legislation and reform proposals can be best distributed throughout the local government network.

The proposed reforms also include establishing a new National Centre for Cooperation on Environment and Development to bring together industry, scientists, non-government organisations and governments to work on environmental standards and guidelines. The Government also intends to prepare a new national Biodiversity Policy, and provide further clarity on the implementation of its environmental offsets policy.

Given the important role played by local government in planning and environmental assessment, it is important that any future Commonwealth legislative changes are designed to complement jurisdictional decision-making processes and that local government is fully briefed on the finer details of the various proposals ahead of their introduction.

Overall I am extremely pleased with the Minister's willingness to take a pragmatic approach to the reform of the Act in order to deliver a positive outcome to all sectors and ALGA looks forward to seeing the new legislation being introduced next year.

Mayor Genia McCaffery
ALGA President

Briefs

ALGA to participate in tax summit

The Federal Government will be hosting a Tax Summit on 4-5 October. As a participant, ALGA was invited to outline priorities for the summit.

Local government will be advocating for a tax system that is simpler, stronger and fairer. Given that each level of Government in Australia collects revenue through levies and taxes it is important that there is more of an effort to understand each others practices and priorities. This goal is to avoid some of the fiscal imbalance issues that have put tremendous pressure on local government finances.

There is also the need to ensure that rates are not used by other levels of government as either a source of funding or as a collection mechanism. The rates system has been noted as the most stable form of taxation in the country, that is not however, an excuse to use rates and potentially jeopardise local government's financial security. It is also important to ensure that the ability of councils to raise revenue is not questioned, and to advocate that local councils are the best parties to determine rates methodologies and set the most appropriate rates for their needs.

ALGA will also be raising issues relating to:

Reform of road user charges
Carbon pricing
Protecting local government run childcare and family support services
Potential reforms of charitable rates exemptions.

Tax on gaseous fuels to be introduced

From 1 December 2011, gaseous fuels used in transport will be subject to excise or customs duty in most instances.

Gaseous fuels are compressed natural gas (CNG), liquefied petroleum gas (LPG) and liquefied natural gas (LNG).

CNG manufactured or imported by councils for use in a vehicle will be subject to duty from 1 December 2011 at the rate of 5.22 cents per kilogram. The duty will be phased in with a final rate of 26.13 cents per kilogram applying from 1 July 2015.

Councils are encouraged to refer to Taxation of alternative fuels on the ATO website for more information about new obligations for manufactured, imported or acquired gaseous fuels.

Also from 1 December 2011, entities that have acquired, manufactured or imported gaseous fuels for use in eligible business activities may be entitled to fuel tax credits provided relevant eligibility criteria are met. However, for heavy vehicles travelling on a public road the road user charge may reduce any fuel tax credit amount payable for gaseous fuels to nil.

Visit Fuel tax credit - alternative (gaseous) fuels on the ATO website for more information about fuel tax credit entitlements.

Online survey evaluates use of climate change adaptation tools

The Australian Local Government Association and representatives from each state and territory association have partnered with the National Climate Change Adaptation Research Facility (NCCARF) and its Settlements and Infrastructure network (ACCARNSI) to research and evaluate how climate change adaptation tools and processes are being used.

Together with a Case Studies Report and a Report on Strategies to Engage Communities and Stakeholders, the Survey Report will serve to:

demonstrate the range of councils' and ROCs' adaptive responses to climate change impacts and threats;
facilitate appropriate adaptation actions by local governments;
build organisational and community capacity;
encourage adaptive learning and knowledge sharing; and
foster a community of local government adaptation practitioners.

An Initial Draft Survey Report on key findings and recommendations for future directions will be provided to garner feedback from participating councils, regional organisations of councils, ALGA and the state and territory associations, and the LGMA.

The Final Survey Report will then be available on the ACCARNSI website. In addition, a Summary of Key Findings and Future Directions will be provided to state and national decision makers and publicised through appropriate media channels to ensure that the voice of local government is heard in the wider community.

To access the online survey click here.

This online survey will be open for Councils and ROCs from Monday 22 August, until 6pm on Friday 23 September.

Kingborough Council reducing emissions and energy costs

Kingborough Council and Low Carbon Australia have announced the first energy efficiency agreement that will see a 75 per cent reduction in the Council's Civic Centre and Chambers lighting costs.

Kingborough Council anticipates a reduction of its energy consumption, energy costs and carbon footprint in its operations, which it would have been unable to achieve without the provision of the up-front finance from Low Carbon Australia.

The project involves replacing the existing fluorescent lighting system in the Kingborough Civic Centre with more energy efficient LED tube lighting.

The project replaces 648 old technology fluorescent tubes with approximately 420 LED tubes. The life of the LED tubes are expected to be 20 years compared with only 4 years for the old ones.

The installation of the LED lighting, plus the removal of unnecessary lights, will result in a 75 per cent reduction in power for lighting and the Council anticipates saving in excess of $11,000 per annum on their power bill (at current pricing).

Low Carbon Australia works collaboratively with business and public sector organisations to develop, design and deliver energy efficiency finance solutions and facilitating the transition to a truly low carbon economy.

Low Carbon Australia CEO, Meg McDonald, said the project was a very important means of demonstrating to Australian local governments and businesses how to overcome existing barriers to implementing energy efficiency measures.

For more information on the Energy Efficiency Program click here.

Energy Efficiency Conference discusses low-income households

A conference was in held in Canberra on 14 September to discuss issues facing low-income households and the difficulties being experienced in regard to participation in energy-efficiency programs. The Low Income Energy Efficiency Conference was hosted jointly by a number of social service organisations, such as the Australian Council of Social Services (ACOSS) and the Brotherhood of St Lawrence; low-carbon interest groups like the Clean Energy Council and the Climate Institute; and consumer bodies like Choice.

One of the key discussions centred on the access of low-income households to more energy-efficient, but more expensive appliances, such as fridges, clothes-dryers and televisions. The conference heard that not enough had been done to aid in such a scheme, although the low-income sub-program of the Low Carbon Communities program is being viewed a good test-case and option to expand potentially at a later date.

The conference was a great opportunity for a wide range of interested parties to engage in discussions on an issue which will only grow in importance.

ALGA was also invited to a separate policy briefing on 13 September, during which, the hosts outlined more of the detail behind their respective, but aligned policy priorities. All see a large role for an active local government in aiding the availability of energy-efficient products for low-income people, which is a strong endorsement of the activities of local government on this issue in the past.

Expansion of Pacific Seasonal Worker Pilot Scheme

The Australian Government has invited Nauru, Samoa, Solomon Islands and Tuvalu to join Kiribati, Papua New Guinea, Tonga and Vanuatu as participants in the Pacific Seasonal Worker Pilot Scheme.

The decision to expand the Pilot at this time reflects the Australian Government's view that stronger regional integration, including through increased labour mobility and remittances, is critical to the economic future of Pacific island countries. The decision also reflects the likely increase in demand for Pacific seasonal workers for the 2011-12 year.

Please note that the expansion has been announced for the Pilot period only. In the coming months, the Australian Government will make a decision about the future of the Pilot. Approved Employers will be able to recruit from these countries once they have entered into a Memoranda of Understanding with the Australian Government that establishes our respective labour sending and receiving arrangements.

For more information, visit the Department of Education, Employment and Workplace Relations website.

More information available on Mychild.gov.au

The Australian Government this week announced further enhancements to the MyChild Website, which provides families with a quick and easy way to estimate their out of pocket child care costs.

www.mychild.gov.au is a comprehensive online source of information for families and includes a searchable database of more than 14,000 child care services.

Families are currently able to use MyChild to search for a range of information about child care services including contact details, map locations, fees and vacancies.

The new out of pocket costs guide provides a summary of Child Care Benefit and Child Care Rebate entitlements and out of pocket costs for a full day of care, based on family income.

Further MyChild enhancements will include more detailed vacancy information including whether a vacancy is for a full day, half day or other session type. Opening hours information will also be displayed for long day care, outside school hours care and occasional care services.

Tomorrow's Jobs - Staying Ahead of the Game

The Future Jobs Forum, to be held in Parliament House on October 6, will bring together around 80 representatives and experts from business, unions, government and academia to discuss the changing global economy.

The major agenda items at the forum will be:

The changing structure of the Australian economy
Drivers of job creation and investment
Manufacturing: the next decade
Adapting to the high dollar
Seizing new opportunities through innovation, competition and effective partnership.

The forum will take place in the same week as the Tax Forum and have a complementary focus on supporting growth across the Australian economy.

Make a difference in your region

Would you like to give something back to your community by developing and strengthening your region?

Expressions of Interest (EOI) for positions on Regional Development Australia (RDA) committees are now open in New South Wales, Queensland, South Australia and Tasmania.

Volunteers who have vision, drive and community experience, who are able to represent the broad interests of their region and understand the local challenges are invited to consider membership of the RDA committee in their region.

Find out more about RDA and apply by visiting the Regional Development Australia website.

Can't eat your house - development threatens food bowl: Panel and Q&A

Urban sprawl is encroaching on fertile floodplains. How do we retain our food security at a time of rapid economic growth? Landscape architect Costa Georgiadis is MC of this event as part of the Crave Sydney International Food Festival. Panellists include Ian Sinclair, a rural planning consultant with a focus on food, Professor Phillip O'Neill, foundation director of the Urban Research Centre, Councillor Alison McLaren, president of the Western Sydney Regional Organisation of Councils (WSROC) and farmers.

When: 7pm for 7.30pm start. Wednesday, 26 October

Where: Joan Sutherland Performing Arts Centre, 597 High Street, Penrith
Cost of $15/$10 concessions & SFFA members includes light refreshments
RSVP 0410 145 473, info@sydneyfoodfairness.org.au, or on Facebook - pickup tickets at door

People who cannot make it in person can follow, join in the discussion and ask questions of the panel on @SydFoodFairness and use the tag #penrithfoodforum.

Council funding - the shifting GST goal posts on Appropriations

Since the implementation of GST back in 2000, the treatment of funding has been a headache for all councils as both payers and recipients of funding. Appropriations have been at the forefront in both monetary terms and confusion levels.

Previous ATO attempts to clarify the GST treatment of appropriation funding have been set aside by a recent court case involving the TT-Line. Following this latest spanner in the works, the Tax Office released ruling GSTR 2011/2. Being tied to the Courts interpretation, the new Tax Office ruling outlines the changes councils must be aware of in determining their GST liability.

The upshot of the Full Federal Court decision is that all entities that provide/receive appropriations need to re-assess the way they treat appropriations for GST purposes and in particular need to investigate the source of their funding. With the onus squarely on the funding recipient to determine the correct GST treatment, NOT the funding provider, the potential liability for councils is significant.

TaxEd are conducting training on this issue live and online on Friday 23 September 2011, 1:00pm to 2:30pm (AEST)

Full details and training registration or call TaxEd on 03 8080 9966

International one-day conference:
How does the inclusion of culture with social, environmental and economic policies strengthen local governance?

Tuesday 4 October, Melbourne Town Hall, Melbourne

This October, local government leaders from across the Asia-Pacific will gather in Melbourne to discuss the important and emerging cultural dimension of local government policy. This conference will examine the role of cultural policies and their relationship with economic, social and environmental policies for local governance. Diverse perspectives from across the Asia-Pacific will be presented.

Issues discussed include:

Where do cultural perspectives interact with public policy?
How do cultural aspirations lead to better outcomes for communities and local government?
What are the different ways 'culture' is interpreted across the Asia Pacific?

Speakers include: Eduard Mirales, cultural relations advisor at the Barcelona Provincial Council and Chair of the Interarts Foundation of Europe, Professor Paul James, Director of Global Cities Institute, RMIT University and the UN Global Compact, Cities Program and mayors and senior local government representatives from the Asia-Pacific region.

Hosted by the Cultural Development Network in partnership with United Cities and Local Governments Asia-Pacific region, Australian Local Government Association, Municipal Association of Victoria, City of Melbourne and Arts Victoria.

More information: www.culturaldevelopment.net.au