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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2013-03-06 Daily Xml
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LOCAL GOVERNMENT (WASTE COLLECTION) AMENDMENT BILL

Introduction and First Reading

The Hon. D.G.E. HOOD (16:04): Obtained leave and introduced a bill for an act to amend the Local Government Act 1999. Read a first time.

Second Reading

The Hon. D.G.E. HOOD (16:05): I move:

That this bill be now read a second time.

Members will be pleased to know that I will be brief in my contribution. The reason I will be brief is that I introduced a virtually identical bill in this chamber in 2009 and we discussed the issue then. I must say I was very encouraged by the minister's response to my question during question time today. To some extent the government may argue that there is not a direct need for this bill but I think if a bill was enacted it would put the matter to bed once and for all.

Members of the chamber may be aware of recent public debate about a proposal for councils to change the weekly collection of general waste to a fortnightly collection. Several waste management authorities, which are operated by councils, put forward the proposal. Minister Portolesi and myself spoke on radio (on the Leon Byner program) about the issue earlier this week. We were joined by the chief executive officer of the Local Government Association. I believe the Hon. Mr Darley made a contribution as well.

Public comments have generally been opposed to this change for various reasons. Firstly, many households, particularly those housing large families, generate sufficient waste to require a weekly collection. There is also the issue of the smell of household waste that remains in an outside bin, often left in the sun, for the period between collections. This concern particularly applies to food scraps and used baby nappies. Quite apart from the unpleasantness of such items being left for up to a fortnight, there is an obvious potential health risk from this.

This is not a new issue. As I said in my introduction, it was raised back in 2009. At that time, I introduced a bill similar to the present bill, that was seeking to insert new section 297A in the Local Government Act 1999. It required metropolitan councils to endeavour to ensure that waste collection occur on a weekly basis in any area of the council that is within metropolitan Adelaide. The terms of the present bill are more detailed in that the present bill makes it clear that this requirement only applies to general waste and not to recyclables or so-called green waste.

Since the 2009 bill was introduced, the government has made a policy under the Environment Protection Act 1993 called the Environment Protection (Waste to Resources) Policy 2010. This policy comprises a requirement of law on metropolitan councils to provide a weekly collection service, but the recent public debate indicates that, in some quarters at least, the matter is considered open for debate.

The purpose of the bill is to enact in clear terms in the Local Government Act a requirement for weekly waste collection. It only applies to metropolitan councils, thus excluding regional councils. Having this provision in the Local Government Act will make it clear beyond argument that metropolitan councils must provide this service. I understand from the minister's answer during question time that none are currently seeking to change that, so there should be no objection. Members of the public, and indeed members of councils, will be able to find this statutory obligation much more easily than a policy, which is neither a statute nor a regulation. My view is that the Local Government Act is the appropriate place to record the obligation of councils.

Whilst some might argue that this issue is a matter for local councils to decide upon and to answer to their electors for their decision, to me it is such an important matter of public health and amenity that it should be enshrined in legislation. In any event, the fact that the government has a formal policy indicates that it agrees with me that it is a proper matter for decision at state level.

If the bill is enacted, I would have no objection to the corresponding formal policy under the Environment Protection Act being removed, since it would then be, largely, superfluous. In summary, I regard this matter as one that justifies legislation. In my view, the appropriate legislation is the Local Government Act. The obligation of councils to provide weekly waste collection should be made clear for all to see and beyond any further debate. Just for an indication of members' priorities, I will be allowing this to sit on the Notice Paper for some time so that members can consult, if required, but I will be seeking a vote some time later in the year.

Debate adjourned on motion of Hon. G.A. Kandelaars.

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