These are the questions I have asked in relation to the $790,000 to be spent on item 8.3 "Carbon Management Program"
1 The figure of $790K per annum is mentioned as being the cost.
Who gets this money and how will it be spent? The report only talks in general terms.
2 60 000 plants are to be planted. Ok, where and how much will this cost?
3 Genesis Now talk about 17 high priority, cost effective opportunities. I cannot see this list in the documentation. What are these points?
4 does the shire plan on paying extra for green electricity? If so, to whom and how much.
5. Table 1 in the attachment has forecast emissions for the shire. What is the reasoning behind the 2% increase in energy use per year over the next 10 years.
6 in light of the probable high cost of Black Saturday to the Shire should spending on this project be delayed or reduced for a year or two?
7 in light if the global economic conditions should the Shire cut back its spending on this and other projects?
8 the review date of 2013-14 appears to be too far away considering the changes in scientific knowledge coming out that contradicts present knowledge. For example, how effective is planting tree an effective way of capturing CO2. Should reviews be more often?
9 how much will be spent on REC’s?
I hope to post answers here after the Council meeting
2 comments:
Hi Mario,
Your questions are good but my specific concern is whether or not the "Carbon Management Program', poorly named since it is Carbon Dioxide that is the supposed culprit and NOT carbon, is even legal!!
What I find most egregious is that we, the ratepayers, were never asked if it was what WE wanted, and were NEVER given the opportunity to vote on it. And we should have had that opportunity. This money is being wasted on an ideology that will not result in any kind of tangible outcome, except, of course, for stroking councillors' egos. It's literally wasting money for nothing.
After the Council created this 'special' charge to ALL ratepayers, I checked the Local Goverment Act, section 163, and the Council followed NONE of the procedures it should have when introducing and implementing this charge.
Another problem is that the monies obtained do not appear as a seperate section on the budget so ratepayers do not have a clear understanding of where their money is being spent.
I would love to know where the Local Government Act gives Councils the right to charge ratepayers for one Councillor's Green Agenda. I think we all know that the Kyoto Protocol is something the Greens want to see implemented moreso than any other party.
Below is the entire section 163 from the Local Governemnt Act:
Local Government Act 1989 - SECT 163
Special rate and special charge
163. Special rate and special charge
(1) A Council may declare a special rate, a special charge or a combination of both only for the purposes of-
(a) defraying any expenses; or
(b) repaying (with interest) any advance made to or debt incurred or loan raised by the Council-
in relation to the performance of a function or the exercise of a power of the Council, if the Council considers that the performance of the function or the exercise of the power is or will be of special benefit to the persons required to pay the special rate or special charge.
(1A) A Council must not make a declaration under subsection (1) unless it has given public notice of its intention to make the declaration at least 28 days before making the declaration.
(1B) In addition to any other requirements specified by this Act, the public notice must-
(a) contain an outline of the proposed declaration; and
(b) set out the date on which it is proposed to make the declaration; and
(c) advise that copies of the proposed declaration are available for inspection at the Council office for at least 28 days after the publication of the notice.
(1C) A Council must send a copy of the public notice to each person who will be liable to pay the special rate or special charge within 3 working days of the day on which the public notice is published.
(2) Before making a declaration under subsection (1), the Council must determine-
(a) the total amount of the special rates and special charges to be levied; and
(b) the criteria to be used as the basis for declaring the special rates and special charges.
(2A) For the purpose of subsection (2)(a) the total amount of the special rates and special charges to be levied must not exceed the amount calculated in accordance with the formula-
R ´ C = S where-
R is the benefit ratio determined by the Council in accordance with subsection (2B);
C is the total cost of the performance of the function or the exercise of the power under subsection (1);
S is the maximum total amount that may be levied from all the persons who are liable to pay the special rates or special charges.
(2B) The benefit ratio is the estimated proportion of the total benefits of the scheme to which the performance of the function or the exercise of the power relates, including special benefits and community benefits, that will accrue as special benefits to all the persons who are liable to pay the special rates or special charges.
(2BA) A Council must not make a declaration under subsection (1) which has been altered from the proposed declaration specified in the public notice if the effect of the alteration is to increase the liability of any person to pay
the special rate or special charge to be imposed by the proposed declaration unless-
(a) the alteration is made in response to a submission or objection
received by the Council in response to the proposed declaration; and
(b) the increase in the liability of any person to pay the special rate or special charge does not exceed 10%.
(2C) The Minister may make guidelines for the purposes of subsections (2), (2A) and (2B).
(2D) Guidelines made under subsection (2C) must be published in the Government Gazette.
(3) The Council must specify in the declaration-
(a) the wards, groups, uses or areas for which the special rate or special charge is declared; and
(ab) a description of the function to be performed or the power to be exercised; and
(ac) the total cost of the performance of the function or the exercise of the power; and
(ad) the total amount of the special rates and special charges to be levied; and
(b) the land in relation to which the special rate or special charge is declared; and
(c) the manner in which the special rate or special charge will be assessed and levied; and
(d) details of the period for which the special rate or special charge remains in force.
(4) A Council may levy a special rate or special charge by sending a notice to the person who is liable to pay it.
(5) The notice must contain-
(a) the prescribed information; and
(b) a statement about when the special rate or special charge is payable;
and
(c) details of the period for which the special rate or special charge remains in force.
(6) A Council may use the money from a special rate or special charge for any or all of the following-
(a) any purpose for which the rate or charge was made and the purchase of land and materials required for that purpose (including land acquired before the Council declared the rate or charge);
(b) repayment of money borrowed for anything mentioned in paragraph (a) and of interest on that money;
(c) maintenance and repair of damage, management, advertising or security;
and
(d) any expenses related-
(i) to anything mentioned in paragraphs (a) to (c); or
(ii) to the declaration or levying of the rate or charge.
(7) If a private street (within the meaning of section 575(1) of the Local Government Act 1958) is constructed wholly or partly at the cost of the owners or occupiers of any land which abuts or fronts the street, the Council may not at any future time recover any further costs in respect of the construction of a component of the private street if that component has been previously constructed to the satisfaction of the Council from the owners or occupiers of
the land under this section by way of a special rate or special charge.
(8) For the purposes of subsection (7) and section 221(6), construct and
component have the same meanings as in section 12 of the Local Government (Consequential Provisions) Act 1989.
(9) For the purposes of subsections (1) and (6), expenses does not include any
expenses incurred or anticipated to be incurred which relate to any
proceedings or anticipated proceedings before VCAT, including an application
for review under section 185 or an application for a declaration under section
185AA.
Regards and keep up the good work!
Cait Hoogenbosch
Cait,
a real in depth comment that should be taken to
1 CEO SYR and 2 Christine Fyffe.
Please e mail them.
Regards
Mario Galteri
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