Surf_Coast_Indy_2013_02_22

Page 1

Surf Coast

Friday, 22 February, 2013

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Page 23 Friday, 22 February, 2013

Connecting people and communities

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WHERE TO BUILD DREAM HOMES PAGES 43-48

Shire left without by-laws power, DSE fails to patrol

Buses escape Bells fines By CHERIE DONNELLAN SURF Coast Shire has “no power� to legally enforce its Bells Beach licensing system on tour buses, according to an advisory group. Bells Beach Community Advisory Committee’s Andrew Cherubin said council had recently sought approval for by-laws officers to have legal authority to fine buses illegally entering the reserve.

Council sought the approval after failing to obtain state law authorisation status, he said. Council had managerial responsibility for Bells but state law specified the Department of Sustainability and the Environment (DSE) as the authority to issue infringement notices in the reserve, Mr Cherubin said. DSE’s website says its compliance powers included “enforcing legislation

by responding to public complaints, conducting investigations, issuing fines and prosecuting cases through the courts‌ to help deter and reduce illegal activitiesâ€?. Mr Cherubin said DSE officers were “rarelyâ€? present at Bells because they lacked managerial responsibilities, so buses could evade fines. He believed council might have been aware of its lack of authority but its failure to communicate clearly with the

community meant residents were unclear “about what council could and couldn’t do�. “Council has missed the boat by not looking for the power to police the buses at Bells,� Mr Cherubin said. “We (local users of Bells) could have been directing our communications to the Government when buses were there illegally had we understood council’s position.�

Mr Cherubin said the new council had adopted its predecessor’s “hiatus� on working with community advisory groups, which had stalled communication on various issues and left them in limbo. “I personally don’t agree with putting community groups on hold because council laws have changed. Until they make a change we could have kept running and then had a transition period.�

Pages 14 & 15

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