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BCRG update 13_2014
15 July, 2014 |
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Hi everyone,
1) Brooklyn Special Charge Scheme VCAT ruling
2) Transpacific planting day Aug 17
3) Kororoit Creek planting day July 27
1) Brooklyn Special Charge Scheme VCAT ruling
The following information was published in the Carbon and Environment Daily, 25 June 2014.
A tribunal has ruled that roadworks charges to be imposed on three companies were excessive, and more of the cost should be borne by nearby homeowners who will benefit from reduced dust pollution.
The ruling will delay the sealing of a road in Melbourne's Brooklyn industrial precinct – an area that has long been targeted by EPA Victoria because of extremely high levels of community concern about dust.
Transpacific Waste Management Pty Ltd, Hanson Construction Materials Pty Ltd and Jones Road Properties Pty Ltd challenged the legitimacy of Brimbank City Council's plan to fund the sealing of a road in the precinct and the manner in which it sought to apportion the costs.
Under Victorian law and ministerial guidelines, beneficiaries of roadworks can be charged to cover the costs, but the amount they pay must be discounted by the value of any broad community benefit, with this amount required to be publicly funded.
The council had determined that the total community benefit of sealing the road would be negligible, and had proposed that Transpacific, JRP and Hanson jointly contribute $2.26 million, representing 89.78% of the total cost.
The companies challenged the decision in the Victorian Civil and Administrative Tribunal, arguing that sealing the road would deliver substantial community benefit because of the reduction in dust levels.
They relied in part on two EPA-commissioned reports by Net Balance, which found that road dust was a major contributor to total dust load in the area.
VCAT Deputy President Mark Dwyer and Member Alan Chuck accepted their arguments.
The community benefits of the project are "clear, tangible and direct", they held.
The council's assessment of a negligible community benefit is "irrational and illogical" and cannot be justified, they held.
The special charge scheme proposed to fund the roadworks is therefore invalid, the tribunal ruled.
Proposed East-West Link renders works excessive
The tribunal also accepted arguments put by Transpacific that works associated with the proposed western section of the East-West Link freeway would render the road works redundant and that they were therefore excessive.
The controversial East-West Link freeway would likely pass through the area.
The tribunal members agreed with Transpacific that if the East-West scheme does pass through the area, "a large amount of public and private money may potentially be wasted on reconstructing a road that may be redundant within a short space of time".
If the East-West link doesn't proceed, the council could quickly declare a new special charge scheme, they ruled.
No cause for undue delay
Despite declaring the scheme invalid, the tribunal said it would be a poor result if the decision unduly delays some form of roadworks.
It encouraged the council to work with the companies and others to prepare a new special charge scheme for improving the road.
The full VCAT document can be found at Transpacific Waste Management Pty Ltd & Ors v Brimbank CC [2014] VCAT 697 (24 June 2014)
2) Transpacific planting day Aug 17
Transpacific and Melbourne Water are embarking on an exciting regeneration project for the Kororoit Creek and would welcome community assistance with planting 500 indigenous trees and shrubs to remediate the western side of the creek, adjacent to the former landfill at the Old Geelong Road site.
This trial planting exercise will commence on Sunday 17 August 2014 from 10am to noon, lunch and refreshments will be provided.
The planting will enable us to assess the success of the trial and refine our plans for a progressive planting program along the remainder of the Kororoit Creek in 2015.
The aim is to recreate a durable and sustainable natural landscape along the Kororoit Creek that will require low maintenance once established.
The existing vegetation is dominated by Artichoke Thistles, blanket weed, Boxthorn, Kikuyu Grass and many other weed species.
The event flyer provides details and registration information.
Contact: Olga Ghiri, P: + 61 3 9552 1716
E: Olga.Ghiri@transpac.com.au
3) Kororoit Creek planting day July 27
Friends of Lower Kororoit Creek Inc. (FOLKC), invite you to participate in the celebration along Kororoit Creek on Sunday 27 July 2014 - See event poster.
With over 1200 indigenous trees and shrubs to be planted and with Edvardo and his accordion serenading you and the Altona Lions supplying lunch courtesy of the sponsors, a great day is in the offering.
Meeting point is in the Toyota Car Park in Dohertys Road, Altona North - Melways Reference 54; G 1
Please wear suitable clothing & if possible bring a hammer and Trowel.
Hoping to see you 'Down the Creek'
Geoff Mitchelmore, 0411 274 718
Andrea Mason
Executive Officer
Brooklyn Community Representative Group
Ph: 0427 338 482
PO Box 8001, Rippleside, Vic, 3215
Email: eo.bcrg@gmail.com
Web: www.brooklynip.com.au
PS BCRG Community Forum meeting dates for 2014 are Wednesday August 13 and November 12.
You received this email because you are on the BCRG e-list. As such you receive meeting invitations, agendas and minutes, as well as general information in relation to dust, odour and noise issues in the Brooklyn area. Please unsubscribe from this list if you no longer wish to be on the database.
The contents of this update and any attachments are forwarded for information purposes. They do not necessarily reflect the views of BCRG, including the Convenor, Executive Officer or its membership. BCRG is not aligned with (or influenced by) any political entity or any one organisation. It exists for the purpose of facilitating community, industry, local government and EPA to work together to ensure that public concerns and aspirations regarding odour, noise and dust in the general Brooklyn area are consistently understood and considered. That being said, real engagement necessitates dissemination of a range of ideas, opinions and views in order to enable informed participation from a broad base. |
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