City stands by waste levy

The City of Albany will not withdraw a controversial $50 waste reserve levy for rural and vacant land from its 2011-12 Budget, despite ongoing State Government concern the charge is unlawful.

A confidential letter from the Department of Local Government to City of Albany chief executive Faileen James advising the levy was unlawful and requesting it be withdrawn from affected properties was leaked to the Albany Advertiser in August last year.

Since then the City has declined to comment on whether or not it would withdraw the levy, saying it continued to seek legal advice.

But in response to questions last week, Ms James stated the City would not withdraw the charge and intended to rely on the legal advice it had received.

The Albany Advertiser understands legal advice to the Department of Local Government indicated a levy imposed under Section 67 of the Waste Avoidance and Resource Recovery Act 2007 could only be imposed where a waste receptacle was provided.

The Advertiser also understands Local Government Minister John Castrilli cannot force the City to remove the levy from properties not provided with a waste receptacle and instead encouraged affected ratepayers to lobby the council to remove the charge.

If the levy was withdrawn it would affect 3100 properties and cost the City $159,000.

Albany MP Peter Watson criticised the City for ignoring the advice from the Department and the Minister, and said the City spent too much on legal fees.

“If there’s legislation there, you work to it, you don’t get lawyers to find you a loophole,” he said.

Mr Watson said the fact the local government minister was powerless was a huge concern.

Ms James said the levy was needed to create a reserve for significant waste-related expenditure in the next few years.

“The entire population of the City of Albany benefits from longterm sustainable waste management practices, including existing site upgrade, rehabilitation and closure, and a subsequent move towards the development of a regional waste site,” she said.

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