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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-12-03 Daily Xml
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REFUSE CONTROL

Adjourned debate of motion of Hon. S.G. Wade:

That the General Regulations under the Public and Environmental Health Act 1987 concerning Control of Refuse, made on 17 September 2009 and laid on the table of this council on 22 September 2009, be disallowed.

(Continued from 23 September 2009. Page 3292.)

The Hon. S.G. WADE (17:36): I foreshadow that I will move to discharge Notice of Motion No. 21 standing in my name. I want to make some comments to put my motion in context. I moved this notice of motion to highlight the failure of the government to uphold the Public and Environmental Health Act's general regulations requiring owners to ensure that refuse on their premises that is capable of causing an insanitary condition is disposed of at least once a week. By promoting fortnightly rubbish collection, the government was putting owners and occupiers at risk of breaching these regulations.

The Hon. Dennis Hood introduced a bill to highlight the government's failure to enforce these regulations, and it was supported by this council. On 30 June this year the Minister for Environment and Conservation advised of a backdown by the government when he said on radio, 'We will be enacting a law which makes sure there is weekly collection of waste.' Then in September it was revealed that the government had merely amended the regulation, adding a new subregulation, which placed a mere expectation on metropolitan councils to provide a weekly kerbside waste collection. Having committed to legislate to require weekly waste collection, the government has put forward this amendment to regulation with a mere expectation and, in our view, it is a failure to deliver the promise of a better law.

I moved the motion to disallow this amendment to the regulations primarily because the amendment did not meet the government's own commitment. Disallowing the regulations would have allowed us to get on with the job of getting a better bill. I thank the Hons Dennis Hood and John Darley, in particular, for their opposition to fortnightly waste collection. In the face of this united opposition, the government was forced yet again to back down and make more genuine attempts to make a legally enforceable obligation.

Initially, the government was talking about putting amendments to the Hood bill or even introducing its own bill. I indicate my disappointment that neither the minister nor his office made any attempt to consult with the opposition. The fact that the minister did not engage the opposition on an opposition motion reeks of politics and game playing. Nevertheless, I am glad that a way forward has been found. To that end, what the government is proposing is that the obligation for councils to collect insanitary waste weekly be included in an Environment Protection Authority policy. The minister has issued a ministerial direction to the Environment Protection Authority requiring the preparation of such a policy. For the sake of the record, I quote from that letter. It is addressed to Ms Cheryl Bart, the Presiding Member of the Environment Protection Authority, and it reads:

I am writing to you regarding the draft Environment Protection (Waste to Resources) Policy. Under the power vested in me by section 11 of the Environment Protection Act 1993, I hereby direct the EPA to include a provision in the draft Environment Protection (Waste to Resources) Policy that will impose an obligation on all metropolitan councils to provide a weekly kerbside waste collection service in respect of residential premises within their areas to ensure that residents may have their residual waste (i.e. waste other than green waste, recyclable waste, hazardous waste, etc.) collected weekly.

I do not anticipate that mandating weekly collections will cause a draw on the enforcement resources of the EPA as Councils already undertake weekly collections for residual waste and are not currently proposing any change to this practice.

For the same reason that provision will not add to the regulatory burden imposed on councils. Local government has already been consulted on the mandating of weekly collections and so the requirements of the State-Local Government Agreement have been met.

I understand the EPA will provide me with the draft Environment Protection (Waste to Resources) Policy, including this requirement, following its 14 December Board Meeting.

I understand that I will then be in a position to consider my approval of the policy, and, once it is approved, I will then refer the policy to the Governor for the relevant declaration for fixing the date upon which it is to come into effect.

It is signed by the Hon. J. Weatherill, Minister for Environment and Conservation. Of course, the words of the policy will be crucial. Given the government's repeated attempts to facilitate fortnightly collection of waste, the opposition insists that the government release a completed policy as soon as possible. Under section 27 of the Environment Protection Act, environment protection policies may be made in accordance with this division for any purpose directed towards securing the objects of this act.

Once the EPA has finalised the policy, it is a subordinate legislative tool under the Environment Protection Act 1993 and it may set out requirements or mandatory provisions. Section 34 of the act makes it an offence to contravene a mandatory provision of an environmental protection policy. Under section 30, a draft environmental protection policy must be laid before both houses of parliament and is subject to disallowance by either house.

The opposition considers that the policy produced in response to the ministerial direction should be clear and, under the provisions of the act, will be reviewable and enforceable to require councils to collect unsanitary waste weekly. We note that the minister expects that the draft policy will be finalised in mid-December, and the opposition is keen to see it released soon after. A failure to release the policy would indicate that the government is not sincere in its claim that it is no longer promoting fortnightly waste collection.

In conclusion, I thank the Hon. Dennis Hood and the Hon. John Darley in particular for their support in maintaining pressure on the government. Perhaps, at last, we will see the government uphold the public and environmental health regulations. I therefore move:

That this order of the day be discharged.

Motion carried.

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