Appeals still allowed over waste fines

Bunbury City Council has been assured people can still appeal waste infringements, after the Legislative Council asked why the council omitted an appeals clause when bringing in its new law.

The Joint Standing Committee on Delegated Legislation was considering the council’s Waste Local Law, which it endorsed in August, when it noted a clause had been omitted from the policy that sets out a person’s right of objection and appeal against any fines under the new policy.

The committee asked the council to explain the omission, stating it would like to see the clause contained in the law.

During a briefing session last week, governance manager Greg Golinski told the council anyone issued with an infringement would always be made aware of their appeal and objection rights.

“That appeal process still applies,” Mr Golinski said.

He said he was confident the law – based on a West Australian Local Government Association template – was correct. “I think we’ve got everything covered off,” Mr Golinski said.

The new policy, which allows fines to be issued to residents who fail to follow waste laws, came into effect in September.

The policy includes penalties ranging between $50 and $500 for a list of offences including putting the wrong waste in rubbish bins or putting rubbish in a neighbour’s bin without permission.

In a report to the council, Mr Golinski said officers issuing any fines would always make appeal processes known.

“When issuing notices of infraction against any of the city’s current local laws – or for that matter any other legal instrument – the current process undertaken by authorised officers is to include any relevant appeal provisions,” Mr Golinski said.

“The offending party will always be made aware of their appeal and objection rights within the noticed so issued.”

The council is expected to endorse a response to the committee tonight.