SOS-NEWS BUSHFIRE INQUIRIES
What we have uncovered and what government do not want you to know about bushfires

Nillumbik Council Meeting Transcript of Feb 24th 2009

Cr. Bendtsen: I’d like to move to the last item during the suspension of standing orders and that’s an urgent motion to be put by Lewis, Cr. Brock.

Cr. Brock: Now there is a little bit of, um, a few words here so I’m just going to read this motion, um and the motion is that Council
1. Express its deepest sympathy to all Nillumbik residents who have been affected by the Black Saturday bushfires on the 7 February 2009 especially those who have lost loved ones and those who have been injured or lost property.

2. That Council express its heartfelt gratitude to the CFA, police, DHS, SES, Nillumbik Council staff and Local Government staff from across the State and the multitude of volunteers who responded so well to the worst bushfires in Australian history.

3. That Council inform the community across the whole of the shire without delay of the measures to be taken to prevent…to protect life and property in the knowledge that the bushfire season still has 6 to 8 weeks to run. Such measures include:
3.1 Consulting the CFA website particularly advice in relation to protecting your property.

3.2 Noting that there are exemptions from the need to obtain planning permits for vegetation removal where this is undertaken for fire protection reasons and encourage residents to contact Council to establish if these exemptions apply.

3.3 Continue to make information available to residents about undertaking vegetation management for fire protection purposes including:
• information services available through the Municipal Fire Prevention Officer and the CFA to advise residents on fire planning and prevention on their property,

• in the case of the Municipal Fire Prevention Officer, the use and application of fire prevention notices under the Country Fire Authority Act 1958, which provides exemptions from planning controls, and

• the role of the Municipal Fire Prevention Officer in negotiating with relevant authorities the management of fuel loads on public land.

4. That Council affirms it commitment to fully cooperate with the State Government’s Royal Commission.
Whilst awaiting the completion of the report of the Royal Commission, Council will
immediately commence identifying policies that may affect community safety during a
bushfire.
• Where such policies are within Council’s control they will be reviewed to determine whether an interim amendment may be appropriate pending the Royal Commission releasing its recommendations

• Where such policies are beyond the scope of Council they will be referred to the appropriate authority for consideration with a Council recommendation.

5 That Council establishes processes to effectively engage with community on all issues arising
from the bushfire.

6. That Council Officers formally report monthly to Council and the community regarding progress with these matters with briefings more frequently as required.

Cr. Bendtsen: Thank you Cr. Brock. Um, is there a seconder for that motion? Cr. Chapple seconds that. Cr. Brock would you like to speak to the motion?

Cr. Clarkson: Excuse me. I’d like to ask a question. I had my light on.

Cr. Bendtsen: Sorry. Yes. Question?

Cr. Clarkson: Yes thank you Mr. Mayor. I just have two questions of the CEO. Um, one is um,

Cr. Bendtsen: Sorry. Would this be a question that clarifies ….

Cr. Clarkson: It’s in relation to the Supplementary and Urgent Business so the question is Do we have a precedent for bringing Supplementary and Urgent Business forward to this point of a meeting? And (2) what is the purpose of bringing this Motion forward?

Cr. Bendtsen: The purpose of bringing the Motion forward is to put it in keeping with the condolences that have already been expressed by other Councillors around the table. The first two parts of the Motion are specifically about that and it is in keeping with the content of the remaining part of this Suspension of Standing Order.

Cr. Clarkson: First part of the question, Is there a precedent?

Cr. Bendtsen: There are precedents for suspending Standing Orders. Yes.

Cr. Clarkson: Of bringing Supplementary and Urgent Business to this far forward in the meeting?

Cr. Bendtsen: One can have…Council can have a Suspension of Standing Orders to bring an item forward, any item forward.

Cr. Clarkson: Well, in that case I would like to move a motion, a motion, to bring items 13.002/09 and in particular 13.006/09 forward ahead of this motion as they would normally appear on the agenda. These items are highly relevant to this issue and they call for action now.

Cr. Bendtsen: Those items are already listed in the agenda at a later time as you have indicated
Later in the agenda, Um, what you’re seeking to do is bring them forward for tonight. Because they will be addressed and discussed this evening in any case it is not a matter of urgent business so we’ll return ……interjections from gallery…. Shame……. They are just as relevant… inaudible……this is bloody ridiculous….

Cr. Bendtsen: Just to….interjections….shame…

Cr. Bendtsen: For the information of the gallery if there are interjections like that we will stop discussions and if it gets out of hand we will adjourn the meeting. Cr. Brock would you like to speak to your motion?

Cr. Brock: Thank you Mr. Mayor. In the time that I’ve been spending the last couple of weeks in talking with um the community and the volunteers, the CFA and so on there has been a lot of um genuine concern and confusion conveyed to me about what measures they can take to protect themselves in the coming 6 to 8 weeks of the fire season and I believe that it is important that we address those issues to give them some avenues which they can um protect their lives and their property. The purpose of this motion is to do exactly that, is to give them avenues which will um uh allow them in the case of um their own general protection its quite clear if they, if they have a situation where I had a person in Panton Hill called me about an adjoining Cou… public road to their property which had a lot of litter and uh trees and so on in it then the avenue they have is the
Municipal Fire Prevention Officer to go and then um instruct Council or use a fire prevention notice to um instruct Council to clear that road. So the idea is to give people avenues right now to do these things. …Interjections from gallery…..I don’t want to get into a debate about the other motions which are being mentioned here um but it’s very difficult when one is being thrown things from the side. However, if, if a um, if the communities out there they’re upset about what’s happened um and they’d like to know immediately what they can do if we’ve got this coming Friday we’ve got an issue happening which is a north wind coming through on a hot temperature I think they need guidance OK, and I think we need to say what you can do right now and that’s the purpose of this um this motion. Thank you.

Cr. Bendtsen: Thank you Cr. Brock. Cr. Chapple do you wish to speak?

Cr. Chapple: Thank you Mr. Mayor. Um, I’m pleased to support the motion. I think the motion provides necessary recognition for the impact of Black Saturday on our community and sets a considered path forward. It acknowledges the impact this event has had on our community. Everyone has been touched in some way. The motion records our thanks to the emergency services, shire staff, volunteers and other agencies who have performed so well. It is also important that the community understand that Council is fully committed to actions that will help protect the community in future. Those actions will be developed with other authorities in particular the Royal Commission over time. The Council is also committed to review its own policies at an early stage where possible and appropriate. It will be a long time til we get all the answers. Probably this motion is a good place to start.

Cr. Bendtsen: Thank you Cr. Chapple. Any other Councillor wish to speak to the motion? No? Cr. Young.

Cr. Young: Yeah. I’m happy to support this Notice of Motion. Uh, like I said in my little speech before um we have to be considered, we can’t make policy decisions on the run, um the sorts of things that were in that motion are practical things we can hang our hat on right now, practical um recommendations um information and education outlets where people can uh, uh, form views and get active around their own property. Um, I think it’s an absolutely appropriate response and um yeah and we get into some very serious considerations of policy (inaudible) as soon as possible at a later date.

Cr. Bendtsen: Thank you. Any other Councillors wish to speak? Cr. Clarkson.

[Notes: This speech by Belinda Clarkson (pictued) covers it all …]
Cr. Clarkson: Thank you Mr. Mayor. I have to apologise for my opinion because it’s different to everybody else. Um I believe this is bureaucratic uh double speak. 210 people dead and still this Council refuses to take action. With this motion you are saying Let’s form a committee. Where are the duty of care to residents? This is just empty words and does not pose any action. Many of these points have been or could be covered in a media release. They are certainly not Supplementary and Urgent Business. I have not in the past, and will not align myself with the policies, the bad policies of the previous Councils. We can be part of the problem we can be part of the solution or we can be part of the problem. I want to be part of the solution. That is why I stood for Council. Let’s clean up this mess. This motion is just words. Full of motherhood statements. I feel I may be on my own again. The Nillumbik Planning Scheme is so complex and complicated that even the planning officers and the fire prevention officer must refer to these documents first. They must establish the location of the property and any overlays and any overlays that may pertain to that particular property. Number 3.3 dot point 2 refers to the Municipal Fire Prevention Officer and the CFA Act 1958. The Municipal Fire Prevention Officer under the Act, CFA Act has always had these powers and you suggesting, are you suggesting that we should tell him to do his job thus inferring that he has been negligent in his role and that senior staff have also been negligent in their role in their supervision of this officer. (4) Again, no action. Number 4 dot point 1, this equals time, money and no action now. Number 4 dot point 2, No action now. In brief, this is no action now. Under normal circumstances this supposed Supplementary and Urgent business would appear on the agenda item as No. 15. Nothing in this Supplementary and Urgent business calls for any immediate action or change. I propose a Notice of Motion, I proposed the Notice of Motion last Tuesday, one week ago, which appears under Item 13 Notices of Motion. My Notice of Motion Item 13.006/09 which calls for the Council to ask the relevant Minister to urgently suspend laws and clauses such as 52.17 Native Vegetation and others to allow residents to undertake bona fide fire protection clearance works without the requirement to obtain a permit and without the fear of prosecution. Let’s do something that shows leadership, is lawful and can make a difference now. The Minister is the only person who has the authority to suspend laws immediately and he should do, and he should do in these circumstances. My notice of motion clearly does this. It calls for action now. …….applause from gallery…..hear, hear.

Cr. Bendtsen: Thank you Cr. Clarkson. Any other speakers? No. I’d like to say a few words as well. Um, the urgency in this motion comes out of a lot of questions that we are being asked as we go around to the community meetings. There is confusion and a lack of clarity over what people can and cannot do on their property to protect their properties in the event of, to protect them from fire, and I‘m speaking of course of those who have not had the fire go through their properties but they’ve seen them come close to them. So the urgency in the motion is to get information out. The Council is instructing the administration to get information out as quickly as possible to communities in our rural areas and also to inform them of the avenue that is available under the present policies. To inform them that actions can in fact be taken today……interjection…inaudible .is nothing…

Cr. Bendtsen: …and ……..interjections…..how dare you, this is a parody, an absolute parody. People have died. D-I-E-D. I happen to live in an area that is as dry as a bone.

Cr. Bendtsen: I repeat…… interjector continues…..there is nothing. I am a personal private resident. I’ve already put in fire resistant shutters

Cr. Bendtsen: This is not a debate with the gallery. ….interjector continues…. toughened glass. I have cleared everything that I am allowed to and there is nothing more that I can do or that anybody else can do

Cr. Bendtsen: Look I’m sorry. I’m sorry. …interjector….until something changes…
.
Cr. Young: A question. A question. Mr. Mayor.

Cr. Bendtsen: Cr. Young

Cr. Young: A question Mr. Mayor. Is it appropriate that we listen to interjector….excuse me ladies and gentlemen apart from Cr. Clarkson there is not inaudible here worth listening to and I would say to everyone who’s sitting here listening quietly, being law abiding,

Cr. Bendtsen: Look I’m sorry. Could you please….Thank you. That’s enough.. interjector….oh yes. It is enough and I’m leaving. …………applause and cheers from gallery.

Cr. Bendtsen: Cr. Young. Question.

Cr. Young: Sorry, there was a mosquito. I was just trying to hit it. Um now the questions are (inaudible) now. The disruptions quietened down.

Cr. Bendtsen: Thank you. Well we’ll go to the vote. Those in favour of the motion .. Sorry right of reply. Cr. Brock do you wish to have your right of reply. OK. We’ll go to the vote. Those councillors in favour? Against? That’s carried.

Cr. Clarkson: Division

Cr. Bendtsen. Cr. Clarkson has called a division. Uh, could the councillors in favour please raise your hands again? And um, Cr. Young, Cr. Brock, Cr. King, Cr. Coleman, Cr. Chapple, Cr. Bendtsen in favour. Cr. Clarkson against, against. That’s carried.

(Cr. Bendtsen called for a motion to resume standing orders.
Cr. Brock moved motion to resume standing orders. Seconder was Cr. Young.)

Cr. Bendtsen: We move to the next Notice of Motion which is Item 13.002/09 and Cr. Clarkson, your motion.

Cr. Clarkson: Thank you Mr. Mayor. Firstly I’d like to thank the um CEO Bill Forrest for uh helping me draft these Notices of Motion. I’d like to move that Council
(1) as a matter of urgency and in the interest of protecting life and property that Nillumbik Shire Council writes to the relevant Minister to urgently request Ministerial approval to immediately revoke Amenity Local Law No. 5 Clause 20B, Removal of Vegetation on Council Land, and suspend all mandatory planting requirements of locally indigenous vegetation in all new permits and reintroduce Wildfire Management Overlays where they were removed on townships and urban areas and allow the ability for the removal of Burgan in Nillumbik without a permit and
(2) Suspend the planting of indigenous vegetation in all roadside reserves.

Cr. Bendtsen: Thank you Cr. Clarkson. Is there a seconder for the motion?
Interjections from gallery ….shame…shame…

Cr. Bendtsen: There being no seconder the motion lapses …..interjections….shame…shame.

Cr. Bendtsen: We move to the next motion which is item …interjections….how dare you …

Cr. Bendtsen: ….13.003/09 and Cr. Clarkson.

Cr. Clarkson: Thank you Mr. Mayor. Um I would like to move that given Council’s desire to commence a review of the Nillumbik Planning Scheme Council request that the Minister for Planning not approve Amendment C55 to the Nillumbik Planning Scheme.

Cr. Bendtsen: Thank you Cr. Clarkson. Is there a seconder for the motion?

…interjections from gallery….a do nothing Council…

Cr. Bendtsen: Cr. King did you want to…?

Cr. King: Yes. I’ll second ….

Cr. Bendtsen: Cr. King seconds that motion. Cr. Clarkson do you wish to speak to the motion?

Cr. Clarkson: Thank you Mr. Mayor. I have a couple of questions for the benefit of the gallery that I’d like to ask the CEO. Is that OK.

Cr. Bendtsen: Uh, If they’re clarify…

Cr. Clarkson: They’re very short. Yes.

Cr. Bendtsen: For yourself?

Cr. Clarkson: Yes they are. Very much. So I’d like to apologise in advance to the gallery for this delay. Um OK these questions are to the CEO. I just would like a yes/no answer if um that’s possible. Number one, Was Amendment C55 drafted and approved by the previous Council? Yes or No.

Cr. Bendtsen: I can answer that. The previous Council was involved in the drafting of C55 and the previous Council voted a resolution.

Cr. Clarkson: Thank you. Mr. Mayor. Number two. Has the CEO briefed this new Council on Amendment C55 by going through each change item by item?

Mr. Forrest: We supplied all Councillors with a (truncated? indistinct) version of the changes.

Cr. Clarkson: That wasn’t an answer to my question. Yes or No answer I was after.
Has the CEO briefed this new Council on Amendment C55 by going through each change item by item?

Cr. Bendtsen: Cr. Clarkson, I was part of the previous Council and Bill
Forrest’ answer is an adequate answer. It was in fact articulated very well to the previous Council.

Cr. Clarkson: Can you repeat the answer to that question. Was it Yes or No.

Cr. Bendtsen: Cr. Clarkson, you’re being rhetorical. No. Do you have another question please?

Cr. Clarkson: OK. Number three. Has this new Council had any input into the proposed Amendment C55?

Cr. Bendtsen: As this was a resolution of the previous Council it has gone through processes to get to that point. A resolution was passed. The decision of the previous Council holds in this case.

Cr. Clarkson: So this new Council had no input?
OK. Number four. Did this Amendment go out for public consultation as it was, as it will materially affect many residents?

Cr. Bendtsen: The resol..the Amendment did not go for public consultation as it was an amendment which uh had no effect on um policy. Policy neutral.

Cr. Clarkson: Thank you Mr. Mayor. Number five, last question. Sorry gallery.
Sorry Councillors. If this Amendment is approved by the Minister can this Council proceed with the full review of the MSS as planned in the coming months? The October agenda, page 25, consul.., conclusion, states um differently.

Mr. Forrest: The answer’s yes Councillor.

Cr. Bendtsen: Do you wish to debate your motion Cr. Clarkson?

Cr. Clarkson: Thank you Mr. Mayor. Amendment C55 must be withdrawn from the Minister. This document is not policy neutral or minor word changes, but has, but changes not only the MSS but also the Council Plan. The MSS and the Council Plan are our premier documents. It is the bible and as such every decision by Council is based on these documents. How can we, a new Council, support the directions of a failed Council? ….interjections from gallery…. It is a breach of the Planning and Environment Act 1987 on the premise that proper public uh process has not been followed in that it has not been made available for public comment, submissions, or the opportunity to appear before a Panel. C55 materially affects titles in rural areas by consolidation of titles and I have a letter here as Rachel Haynes, Manager Environment and Strategic Planning says in her letter of October 29th 2007 to Minister Madden, “The Amendment would affect all land in the municipality.” The so-called minor changes effectively prevents the development of the Plenty Low Density area approved about 20 years ago. There are, there are a multiple references to the Green Wedge Management Plan and the Weed Management Plan. How can the MSS use the Green Wedge Management Plan as a planning tool when it has not been approved by the Minister, hasn’t been approved by Council, has not been out on public exhibition and has not even been completed. This is outrageous, it is, is far from open and transparent and is in fact imposing very restrictive planning laws by stealth. This MSS shows the prosecution, the prosecutions look set to continue as on page 94 it says and I quote, Council will continue to monitor use, development and tree removal through surveillance of up, of up to date aerial photography. In the non-urban areas changes in land use will be mapped and analysed um will be provided in the Green Wedge Management Plan. This is a major abuse of power and the public trust by deliberately avoiding proper process. Amendment C55 must not be approved by the Minister and must come back to this Council as due process has not occurred.
…..applause from gallery……

Cr. Bendtsen: Thank you Cr. Clarkson. Cr. King who’s the seconder, do you wish to speak to the motion?

Cr. King: Yes. I seconded this because uh I read the changes to the uh MSS page uh, page 47 I think from memory incorporates a previous Council’s um goals and plans. I think that’s inappropriate and therefore support the request a request for uh calling it back from the Minister. Thank you.

Cr. Bendtsen: Thank you Cr. King. …applause from gallery… Any other councillors wish to speak to the motion? Cr. Brock.

Cr. Brock: When in looking at what C55 does as far as I can see in comparing the uh the changes I could see why the planning officers or the council officers said it was policy neutral because in terms of the previous Council it was policy neutral and I just think we didn’t quite understand that that um it was extending a policy which we had fundamentally come on board to um to not support. I mean there were issues like tourism, which is, there are words in that amendment which actually say that tourism um and uh environmental concerns can be contradictory to each other. I mean, that’s true. But also an eco-tourist hostel could be quite supportive of the environment and but it’s not clear in the document how that would work. I mean it’s not promoting business and not promoting tourism and I think we need some of that in our community out there because um especially now. I mean looking at the Yarra Valley the latest things people are saying is let’s don’t give money, go book in one of the Yarra Valley places to help support those businesses that are now being ignored because of the fires so I just think there is a trend there that I think we need to pull back, It’s almost like we get a little bit deeper down a road we’ve gotta come back through out of that road to get back to the intersection. We’re not talking about major 90 degree changes here but we are talking about trying to encourage a bit of um you know economic development so that we’ve got more jobs in the area, that sort of thing, and I think that’s what the problem is that its, the C55 amendment goes further down that path than we just we think that you can do um economic stimulus without destroying the environment you know and we’ll do that and responsibly but I don’t think that that C55 addresses that possibility. In fact it goes the other way. So I recommend, I do um support that motion.

Cr. Bendtsen: Thank you Cr. Brock. Any other speakers wish to speak to the motion? Cr. Chapple.

Cr. Chapple: Thank you Mr. Mayor. (Cr. Chapple was asked to turn his microphone on) Thank you Mr. Mayor. I’ve listened to arguments on both sides of this debate um I think the bottom line is um I’m not convinced that it’s that important and it would probably have been better not to even bother to discuss this tonight ….interjections from gallery…My understanding is um that the document itself won’t have a dramatic difference in terms of the way we proceed. This Council will definitely be reviewing the document anyway but I respect the concerns of uh some of my colleagues here about the wording and um for that reason I will be supporting the motion tonight..

Cr. Bendtsen: Thank you Cr. Chapple. Any other Councillors wish to speak. Cr. Young? Cr. Coleman? No.

OK there being no further debate we’ll put that to the vote. Those councillors in support of the motion put by Cr. Clarkson? No one’s spoken against it. So those in favour of the motion? Those against the motion? ….applause from the gallery…. The motion is carried.

Cr. Clarkson: Division.

Cr. Bendtsen: Cr. Clarkson calls for a division. Those in favour of the motion? Cr. Brock, Cr. Clarkson, Cr. King, Cr. Bendtsen. Those against the motion? Sorry Cr. Chapple. Those against the motion um Cr. Young. Cr. Coleman.

(Next was Cr. Kings motion regarding the reintroduction of the prayer.
Seconder was Cr. Clarkson. The motion was carried,
Cr. Clarkson called for a division. Those in Favour Cr. Brock, Cr. Clarkson, Cr. King, Cr. Chapple, Cr. Bendtsen. Those against: Cr. Young, Cr. Coleman.)

Cr. Bendtsen: We move to Item 13.005/09. A notice of motion by Cr. Clarkson.

Cr. Clarkson: Thank you Mr. Mayor. Um can I ask a question of the CEO before I move this motion?

Cr. Bendtsen: We all need a motion first.

Cr. Clarkson: OK. Motion first. That’s fine. I’d like to move that as a matter of urgency request that at the next meeting of the Municipal Fire Prevention Committee and the Emergency Management Planning Advisory Committee the two bushfire reports prepared by Mr. Packham and Mr. Incoll commissioned by the Nillumbik Ratepayers Association be tabled/retabled and reconsidered and reported back to Council.

Cr. Bendtsen: Is there a seconder for the motion? Cr. Brock seconds the motion.
Cr. Clarkson?

Cr. Clarkson: Just my question first. I’d just like to ask the CEO were the copies of the bush, the two bushfire reports which I have here were they distributed to the new Councillors as I requested on 3 occasions?

Cr Bendtsen: Yes they have been distributed.

Cr. Clarkson: OK. Um, I move this motion, I moved this notice of motion and it is clear that the two bushfire reports by experts Mr. David Packham and Mr. Rod Incoll were not even given due consideration when presented to the Municipal Fire and Municipal Emergency Management Committee in 2003. At the Ordinary Meeting of Council in August 2003 the Councillor chair of that Committee admitted that the Municipal Emergency Management Committee had not even read the reports. As these reports have not been given due consideration I ask they be resubmitted to both the Municipal Emergency Management Committee and the Municipal Fire Prevention Committee for consideration, comment and recommendation. The two Committees be asked to report back to Council with their comments and recommendations by the July meeting in 2009. The comments and recommendations of these Committees to be presented to Council so we may act on them if necessary uh prior to the next fire season.

Cr. Bendtsen: Thank you Cr. Clarkson. Cr. Brock do you wish speak to the motion?

Cr. Brock: I’m seconding this motion because um I had the sense that two um two valued reports by respected people and I knew nothing about these people until recent events prompted me to contact uh my brother who’s been in the Country Fire Authority all his life and um by chance I mentioned the Packham report and he said that uh the CFA, my brother has been a regional officer in the CFA in Bairnsdale and in Wangaratta and for a total period of 40 years and he’s also got a um Australia Medal for a Fire Service Australia medal, so he’s not without a lot of credibility in the business. Now my concern is that if this has not been properly considered then I think we should do it and I don’t see why, I don’t see how it hurts us. I know there’s been a process before. It appears that maybe it wasn’t taken seriously. I’m not quite sure what that is but I don’t see how it can hurt to re-present these things and um and have them considered. I’ve seen David Packham on TV and its quite clear that he has great knowledge and he, and he, my brother’s comment about him was that he goes into the fire zone and studies while the fire’s on, not probably what a lot of academics do so um I, you know, I’m not an expert in this and I do believe that we all need as much expert knowledge if we’re going to be coping with the possibilities of this happening again in the future so you know I commend them to those Committees and I would like to hear what those Committees say when they uh report back to Council. Thank you.
…applause from gallery….

Cr. Bendtsen: Thank you Cr. Brock. Um any other Councillors wish to speak to the motion? Cr. Chapple.

Cr. Chapple: Mr. Mayor. Um I’ll be voting against the motion for the reasons that I’m not really sure why we’re discussing it here. I would have thought that the Committee could make the decision itself about which reports to study. These two reports might be extremely relevant documents but there’s others that um, that might be, um that might be equally as valid and um I don’t think it’s our position to be telling the um the Committee what to do. I think um Cr. Clarkson’s the chairman of that Committee and she could be asking them to do that directly. I don’t know why we’re doing it here.
…interjections from gallery…..

Cr. Bendtsen: Thank you Cr. Chapple. Any other councillors wish to speak to the motion. Cr. Coleman?

Cr. Coleman: Thank you Mr. Mayor. Could I just ask a question of Margaret Abbey um just to get a little bit of a, a history of um what actually happened with those reports and when they have been submitted and and um you know the timing and who’s considered them and etcetera.

Margaret Abbey: Thank you Mr. Mayor. Uh these two reports were received as part of submissions to Amendment C11 which was the Wildfire Management Overlay and C12 which was in relation to the Neighbourhood Character uh Study and uh planning controls as a result of the Council resolutions in August 2003 they were referred to um the Municipal Fire Prevention Committee Council also sought advice from the CFA and also because the reports raised issues in relation to management of land, uh public land, uh particularly Parks Victoria, Melbourne Water and uh DSE they were referred to them as uh for their information and comment and also considered by the Panel who heard submissions into C11.

Cr. Bendtsen: Thank you Margaret Abbey. Have there any other debate in relation to the motion? I’d like to say a few comments myself if there’s no other debate. Um Uh I’d like to mention that any Councillor has a right to raise a notice of motion and uh and uh it needs to be raised and debated in the chamber. In relation to the actual motion itself I also agree with Cr. Brock and Cr. Clarkson that we have much to learn

from Mr. Incoll and Mr. Packham. They make um very interesting reading and very, we need to carefully consider what they have to say. In the light of recent bushfires I think it is worthwhile that the Emergency Committees um have another look at those
two reports and I’ll certainly be taking an interest in what those Committees say myself. I certainly intend to participate on those committees with Cr. Clarkson. I’d like to add though, that having read particularly Mr. Incoll’s report very carefully um the reason I say that is because it’s considerably more detailed than Mr. Packham’s um he also, he advocates fuel control in bush, under, in areas under threat from bushfires um but he also strongly advocates that it’s got to be within a regulatory framework and that is the real main nub of the concerns I have with other motions. The debate having been had we’ll put that to the vote. Um sorry. Right of Reply. Cr. Clarkson do you wish to exercise your right of reply.? OK. No right of reply. We’ll put that to the vote. Um those in favour of the motion? Those against the motion? The motion is carried.

Cr. Clarkson: Division.

Cr. Bendtsen: Cr. Clarkson calls for a division. Um the councillors in favour of the motion? Cr. Brock, Cr. Clarkson, Cr. King, Cr. Bendtsen. Those against the motion? Cr. Young, Cr. Coleman, Cr. Chapple.

*********************************************************

Cr. Bendtsen: We move to the final notice of motion which is Item 13.006/09 a motion by Cr. Clarkson.

Cr. Clarkson: Thank you Mr. Mayor. I would also like to thank the CEO Bill Forrest for helping me with the wording of this notice of motion. Um I would like to, to move that Council as a matter of urgency and in the interest of protecting life and property that Nillumbik Shire Council write to the planning Minister or the relevant Minister to (1) Urgently suspend Clause 52.17 Native Vegetation of the Victorian Planning Provisions and Clause 42.01 Enviromental Significance Overlay, Clause 42.03 Significant Landscape Overlay Clause 22.12 Neighbourhood Character Policy and relevant schedules to allow residents to protect life and property by undertaking bona fide fire protection clearance works without the requirement to obtain a permit until the outcome final report of the Royal Commission set up by the State Government.
(2) Fund an educational media campaign to assist with preparation and awareness of the bushfire risk.

Cr. Bendtsen: Thank you Cr. Clarkson. Is there a seconder for the motion?
There being no seconder the motion lapses. ….interjections from gallery….