Charlotte Varcoe
THE rollout of the mobile garbage collection expansion to Cape Douglas has been put on hold after the District Council of Grant received an official request for an internal review.
In August last year, elected members decided to expand its mobile bin collection to residents along Cape Douglas despite a petition being presented against the decision.
A number of residents approached council early 2023 after they were notified All Bins and Skips – formerly Mac’s Trashpark – would cease services as of July 1.
Council made the decision to hold off on the implementation of its decision following a formal request into an internal review.
Council approached Kelledy Jones Lawyers to provide an independent review into the decision , with the lawyers assessing whether the decision was a reasonable decision to be made in the circumstances and whether it was within the scope of council’s powers and functions.
The lawyers also assessed whether the decision was impacted by any procedural flaws or irregularities.
In the letter it details communication with council staff who confirmed the collection service was “previously available to all townships” within the council’s area except for Cape Douglas.
“The fact that Cape Douglas had historically been treated differently is likely a consequence of it originally being a shack settlement,” the letter read.
It also noted the maps attached to the decision report did not originally include Cape Douglas which was labelled as an “inadvertent oversight”.
Concerns from residents included the lack of consultation with residents and the additional cost of $270 per annum.
According to the letter the maps were “critical to determine” the land where the decision applied with the maps not including Cape Douglas.
It also stated the decision did not and could not operate as a decision by council and the consultation process was not flawed.
“We find there is nothing in the information available to us to substantiate such a claim,” the letter read.
“We further find it was reasonable for the council to rely on the information obtained from that consultation process.”
It said moving forward, council could not “in any event” impose and recover a waste collection service charge on additional land in Cape Douglas.
The letter also stated there was no requirement for the introduction of a waste collection service to have the support of 80 per cent of affected residents or the majority support of residents before it could be introduced.
“The fact that some residents of Cape Douglas do not support or want a mobile garbage bin collection service in Cape Douglas does not preclude the council from determining to introduce the service where the council considers there are compelling reasons to do so,” the letter said.
“A decision to expand waste collection services to the whole of Cape Douglas is consistent with the policy.”
According to the findings, council also cannot impose a waste collection service charge on the land of other Cape Douglas residents who have chosen to opt out of the service.
Council chief executive Darryl Whicker said council received the section 270 application against a council decision to expand the bin collection to Cape Douglas and upon receiving it, the decision was paused and not implemented.
“That was done so a thorough independent review could take place,” Mr Whicker said.
“That review has taken place and provides a balanced discussion into the issues and also the validity or invalidity of the decision.
“A report will be presented to the March meeting, where council will consider the finding of the report and the lessons learned and formalise the decision.”
He said it was “fair to say” the findings were “not around the principle” of the bin expansion but “rather the administrative process”.
“As a result, the policy is being reviewed as part of that council report,” Mr Whicker said.
Elected members are expected to discuss the report formally at the March meeting.
