An example of Bureaucratic  Control -  Farmers Challenge Red Tape Permits.

14/05/05

While red tape in Victoria is now seriously affecting farmers ability to operate, a particular imposition by Local Government is being brought to a head.

In East Gippsland, farmer anger has been mounting as onerous and apparently unnecessary permits cost $70 for every stock movement along any road in the shire . This also costs general ratepayers who are subsidizing the expensive system.

It appears that bureaucracy has an active agenda, determined not only to maintain its activity but to influence other less controlling shires to shore up positions. Councillors it seems are increasingly dependent on staff advice and vulnerable to selective information.

BUREAUCRACY FIGHTS TO INCREASE ITS SCOPE

A packed gallery of rural people at the last meeting of the East Gippsland Shire Council expressed anger at a new series of maneouvers by staff and a number of councillors as they attempted to further defer debate on Stock Movement on Roads until after exit of the present Council. This followed a previous deferral to obtain legal advice when Crs Eagleson , Buckley and Treasure challenged the need for permits for controlled movement of stock across or along roadways.

Then after receiving some 17 pages of legal advice which clearly stated that there was no mandate for Councils to set local laws requiring permits, a summarized report was presented by staff focusing on the unsubstantiated cautions contained in the advice.

As a Late Item put before councillors, the Report recommended not only deferral of the matter until after the end of their term, but also recommended contacting the MAV with a view to tightening requirements in any rural shires who currently do not require permits.

Resulting response was fierce after Cr Eagleson moved to have the section requiring a permit to be removed from the Local Law. In presenting advice from Barrister, David O’Brien who had worked with the Minister’ s specially convened Review of Gannawarra Rating Issues, Cr Eagleson confirmed that there is no statutory obligation or duty imposed under the Road Management Act 2005 or Local Government Act 1989 on municipal Councils to make local laws on issues related to the movement of stock on roads.

Based on his legal advice Cr Eagleson added that it could be argued as to whether or not Councils could validly pass local laws regarding the movement of stock on roads outside any specific power which has been identified in the Local Government Act (most of which have now been repealed), or the Road Management Act relating to the management of roads.

Addressing the liability issue, he said that Council would not be likely to be found liable under the Road Management Act in the case of a stock and car collision any more than it would be with a car and car collision. As a general rule, the use of the road is for the public as road users, and not for the Council once a safe road has been constructed.

Based on his legal advice Cr Eagleson said that as to liability and regulation, there may be an opposing view to that expressed that by purporting to regulate a matter which it really can’t control or enforce, the Council may be exposing itself to potential claims that it may not otherwise presently be liable for. That is, by holding itself out as regulating, it is entering the field and therefore must ensure some effectiveness with the regulation.

No doubt under pressure because of the scrutiny of the gallery and aware of a coming election later in the year, enough councillors supported the motion by Cr Eagleson for it to be passed .

"That Council staff prepare a draft local law as a matter of urgency as an amendment to General Local Law 2000 that states that no permit is required when moving livestock on or across roads in the East Gippsland Shire. "

A process will now commence which requires public notice and invitation for submissions, further consideration by Council and then gazetting prior to adoption. This process will be closely followed not only by farmers in East Gippsland but from around the State.

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