Waste levy situation still not cleared up

Local Government Minister John Castrilli is urging the City of Albany to withdraw the $50 waste levy imposed in its 2011-12 budget for rural and vacant land.

The City came under fire in late August when a confidential letter from the Department of Local Government to its chief executive Faileen James was leaked to the Albany Advertiser.

The letter indicated the City had potentially breached the Local Government Act by imposing the levy on all ratepayers.

It also raised concern with the similar rural waste service charge the City had levied in 2010-11.

The Department of Local Government has since been liaising with the City’s solicitor to try and come to a resolution on the issue.

A department spokesperson said they had received legal advice the levy could only be imposed on the properties which had been provided with a rubbish service.

“The levy is to be raised on a ‘per receptacle’ basis,” he said.

“This means the rural properties and vacant land that do not have a rubbish bin provided cannot have the levy imposed.”

If the levy is withdrawn it will affect 3100 properties, costing the City $159,000.

Mr Castrilli is still waiting for a response from the City, but his Department has indicated it was now a matter between the local government and affected ratepayers.

At the September council meeting, Ms James indicated she would take the issue to the State Administrative Tribunal if the City’s position was not supported.

When asked about it this week she said she could not make further comment because the City was currently seeking legal advice.

Local MP Peter Watson, who has been following the levy issue with the Local Government Minister, urged the City to follow Mr Castilli’s advice.

“They were advised in the first place that it wasn’t lawful but they went ahead with it anyway because the chief executive said she had legal advice that it was ok, but obviously it is not,” he said.

“We cannot make our own rules, especially when it is costing ratepayers $159,000.

“If they go to the SAT tribunal it is going to cost more ratepayers money for lawyers to fight the case.”

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