Yarra Council not pursuing dispute resolution on Chandler Highway
25 February 2016
Yarra City Council has resolved not to seek any action pursuant to Section 9 of the Local Government Act in relation to the State Government’s Chandler Highway widening project.
The decision was made in a confidential Council meeting on 16 February and included making the full resolution public.
Mayor Roberto Colanzi said that Council had previously called for an update report from Officers on actions that could be taken, including assessing the merits of using Section 9 of the Local Government Act to request, via the Victorian Governor in Council, a Board of Inquiry review of the VicRoads proposal to proceed with a six-lane bridge on the Chandler Highway.
“Advice received by Council on 16 February was that a Section 9 review can only apply where the decision is in the domain of a government agency or department, in this case VicRoads,” Mayor Colanzi said. “As the Roads Minister Luke Donnellan announced the government’s decision on 27 January, the opportunity to request a review under Section 9 is no longer available to us.
Mayor Colanzi will meet with Minister Donnellan in the first week of March to discuss how the State Government and VicRoads plan to alleviate the impacts of the Chandler Highway expansion on local residents.
Council resolution of 16 February 2016
(a) note the report;
(b) having investigated and established the following points:
(i) that the S 9 (resolution of disputes under the Local Government Act 1989) process can only apply if determining on the Chandler Highway format is still within the purview of VicRoads;
(ii) that it is considered an application for referral to the Governor In Council would be declined on the basis that the State Government has already ratified the proposal of VicRoads; and
(iii) that the necessary referral of a dispute to the GIC is contingent on being exercised by a Government Minister;
not seek to take any action pursuant to S 9 of the Act.
2. That this resolution be made public.
Brooke Colbert, Manager of Communications, Advocacy, Engagement and Media on 9205 555 or 0409 267 439 or by email Brooke.Colbert@yarracity.vic.gov.au