How the West reaches its Best:
Provide guidance and capacity building to ensure Local Governments and other parties have the skills, resources, and understanding to meet their statutory obligations
ABORIGINAL HERITAGE
In 2023, the Aboriginal Cultural Heritage Act 2021 was introduced and later repealed, reinstating the Aboriginal Heritage Act 1972 (AH Act) with amendments. These legislative changes have created significant uncertainty for Local Governments and other stakeholders.
Local Governments are the third-largest group seeking approvals under Aboriginal Heritage legislation, following the mining industry and the State Government.
As landowners, managers, developers, regulators, and representatives of Aboriginal community members, Local Government’s interactions with Aboriginal heritage legislation are more varied than any other stakeholder. Many of Local Governments’ core activities, such as delivery of road and other infrastructure projects, public open space and natural area management, tree planting, and fire mitigation works have the potential to affect Aboriginal cultural heritage.
Native title parties, prescribed body corporates and knowledge holders have varying levels of capacity to engage on heritage related matters. It is essential that they are resourced appropriately and have the capacity and capability to provide heritage services and respond to the engagement, consultation and service delivery needs of proponents.
Challenges are particularly acute for smaller regional Local Governments with limited rate revenue. In 2017-18, 79 of WA’s 139 Local Governments had rate revenue of under $5 million per annum, with 35 collecting less than $2 million. To cover the increased costs of their activities, many Local Governments can only raise additional funds by increasing rates or reducing services.
Clear guidance and support from the State Government is needed to ensure that Local Governments have the necessary skills, resources, and understanding to navigate this complex legislation and that projects are not subject to unreasonable additional costs and delays.
BIOSECURITY
WA’s economy, environment and the community are at risk from new and established pests, weeds and diseases. A significant overhaul of the State’s biosecurity system is needed to ensure these risks can be managed now and into the future.
A statutory independent review of the Biosecurity and Agriculture Management Act 2007, was completed in December 2023, making a range of recommendations to reform WA’s biosecurity system to ensure WA can effectively respond to escalating pest and disease threats.
The Government should consider and respond to the recommendations of this review as a priority.
WALGA considers that a reformed biosecurity system should:
- Be adequately, sustainably and equitably funded.
- Provide for effective management of pests and weeds on State Government managed land.
- Be underpinned by a strategic framework, developed in collaboration with stakeholders, that establishes priorities for biosecurity threats in geographically defined regions, sets measurable targets and guides investment in biosecurity activities.
- Have a greater focus on environmental biosecurity, through the increased recognition and management of pest species that have significant ecological impacts.
- Ensure that the criteria and process for listing of declared pests is evidence-based, timely and transparent.
- Have an increased emphasis on compliance through education and enforcement activity.
- Facilitate the use of new technologies, strategic monitoring, and the establishment of data management systems to inform biosecurity investment decisions and support adaptive management.
- Improve the community’s understanding, awareness and action in relation to biosecurity to assist with threat surveillance and timely response to incursions.
Red Ants
NATIVE VEGETATION
Orange Springs Road, Shire of Gingin.
The clearing of native vegetation in Western Australia is principally regulated under Part V of the Environmental Protection Act 1986 (EP Act) and its subsidiary legislation administered by the Department of Water and Environmental Regulation (DWER).
Local Governments require clearing permit approvals associated with road maintenance and construction (also infrastructure and gravel extraction). Many of these projects have a significant component of State or Australian Government grant funding and are being undertaken for the benefit of the community and industry.
DWER’s performance target is to determine 80% of clearing permit applications within 60 business days. However, despite increased resourcing, only 40% of applications were finalised within this target in the first quarter of 2023-24. Excessive delays in obtaining a clearing permit, coupled with the increasing complexity and cost of securing appropriate environmental offsets impacts Local Governments’ capacity to deliver these projects within agreed timeframes and budget.
Appeals against the clearing permits add considerable additional delay and expense to Local Governments seeking to undertake clearing activity. The 2023 Vogel-McFerran Review of environmental approvals commissioned by the State Government recommended that the Government consider moving appeal rights under Part V to the State Administrative Tribunal.
Regional biodiversity plans and a strategic approach to native vegetation restoration and offset requirements should be urgently progressed. These were identified as priority actions in the State Government’s 2022 State Native Vegetation Policy and in the Vogel-McFerran Review, in particular:
Recommendation 28a: Review the WA Government’s Offsets Policy in terms of its overall effectiveness and application across Government, including the Australian Government, in moving towards nature-positive outcomes.
Recommendation 28c: Use the existing Perth/ Peel strategic assessment information, research and work to progress as a priority, a Regional Plan for the Perth and Peel region in collaboration with the Commonwealth as part of the Nature Positive reforms.
Recommendation 39: DWER and Office of the EPA to commission a review of Environmental Protection Act 1986 Part V clearing regulations in relation to their timeliness, complexity and interaction and consistency with Part IV.
The 2022 State Infrastructure Strategy also recommended that the current system of acquiring environmental offsets separately be replaced with a coordinated bioregional approach, including:
- Identifying priority conservation areas for protection, acquisition and on-ground management.
- Regenerative projects and/or research projects where State agencies, and Government trading enterprises can direct funds to meet environmental offset requirements.
- Implementing and administering centrally coordinated funds consistent with the principles and operation of other pooled environmental offset funds.
PUBLIC HEALTH
Local Government plays a vital role in promoting public health and mental wellbeing in Western Australia through inclusive community services, events, and free wellbeing programs.
With the commencement of Stage 5 of the Public Health Act 2016, Local Governments are required to formalise their efforts by developing local Public Health Plans by 4 June, 2026.
These plans are required to consider the State Public Health Plan priorities, aiming to improve health, wellbeing, and quality of life across the State. Local Governments, with their connection to the community and local knowledge, are uniquely positioned to implement initiatives to address specific community needs and turn plans into tangible outcomes.
Local Governments require support to meet the June 2026 deadline. While the State Government has committed to developing a Local Government Guide to Public Health Plans, collaboration with the sector will be essential to ensure the guide will cater to Local Government’s diverse range of public health needs, capability and experience.
IT IS VITAL THAT SMALLER REGIONAL LOCAL GOVERNMENTS RECEIVE FUNDING TO IMPLEMENT AND REALISE THEIR PUBLIC HEALTH PLANS
Public Health Campaign, City of Vincent
A critical aspect of this initiative is ensuring adequate resources for Health Service Providers and WA Country Health Services, who will support Local Governments on behalf of the Department of Health. This support is crucial, especially regarding the new priority of responding to climate change, where access to relevant data is pivotal. Efforts should focus on improving access to tools, resources, and partnerships that Local Governments can utilise in preparing their public health plans.
Access to funding for Local Governments to implement the actions outlined in their public health plans will also be important to their success. This will be particularly important in smaller regional Local Governments with limited financial resources. Grants should be made available to these councils to access external support needed to develop their local public health plans effectively and implement priority initiatives identified under these plans.
