Minutes of the PEOA Meeting Held at Bayside City Council Chambers , Brighton on Friday

Minutes of the PEOA meeting held at Bayside City Council ‘Chambers’, Brighton on Friday 23 April 2010

Committee Present: Pat Dunne, Rhett English, Allan Sterck, Doug Taylor, Yvonne Dias & Owen Lloyd

Apologies: Michael Sommerville, Alan Harrison

Agenda item No

Context

Action outcome

/ Motioned /Person (s) /

Seconded

/ Status

1. Welcome

President Pat Dunne welcomed all members to the meeting.

Agenda change Alan Harrison Yarra Ranges Shire Council replaced by Shae Hall & Paul Whitten Bayside City Council Arborist – Quantified Tree Risk Assessment (QTRA) presentation

/ / / /

2. Open of Forum

Bayside City Council (BCC) Mayor Cr. Clifford Hayes opened the forum and gave a short presentation of BCC vision and the importance of planning enforcement at BCC.

(2000 Local Law Tree Permit applications and 2000 Planning Permit applications received on average each year)

/ / /

3. Guest Speakers

/ Matthew Sherwell Senior Associate and Kylie Shedden Lawyer – Maddocks. Gave a presentation and handouts to members on the new Criminal Procedure Act 2009.
Overview – background & new features
Ways to bring a proceeding
Notice to Appeal & the summary case conference
Service of documents (Sect 391, 393 & 394)
Disclosure – preliminary (Sect 35, 36 & 37) & full briefs (Sect 39, 40 & 41)
Flow charts and summary – pitfalls and benefits
The Act commenced on 1 Jan 2010 and applies to all proceedings after 1 Jan 2010 – the commencement of a proceeding is not the date of offence.
Commencing a proceeding and bringing a person before the Court;
Notice to Appear (Sect 21)
Charge and summons (Sect 12)
Charge and instant summons (Sect 14)
Witness and informant statements (Sect 47) / Thank you to Maddocks for their continued support of the PEOA.
Members not present who wish to have a copy of the handout please contact Kylie Shedden – Maddocks.
/ / /

4. Guest Speakers

Shae Hall & Paul Whitten BCC Arborist – Quantified Tree Risk Assessment (QTRA) presentation

VPO exemption ‘Emergency works’
Macquarie Dictionary defined;
-Immediate
-Risk

The components of risk – Likelyhood x consequence = risk

-Probability of failure

-Target

-Impact

Acceptable risk 1 in 10,000

/ If you wish to have a copy of the power point presentation contact President Pat Dunne. / / /

5. Sub-Committee (Conference) Speaker

/ Paul Lewis Mornington Peninsular Shire Council gave a presentation of the ‘Overview of the Conference’ held at Cowes.
Insight what is involved
Above and beyond
Sub-committee needs to be organised.
1) Marketing and Promotion
2) Sponsorship of Event
3) Theme and Agenda
4) Booking Presenters
5) Administration (name tags, agenda logos)
6) Accommodation
7) Venue, catering and equipment hire
New Conference Sub-Committee Members for 2010 –
Michael Sommerville
Yvonne Dias
Paul Lewis
Louis Polgar / A special thank you from the committee and members present to the Sub-Committee members for last year’s outstanding conference; Michael Sommerville, Paul Lewis and Katherine Paterson.
Thank you to the members who put their hand up for this year’s Conference.
Anyone else who is interested in joining the Sub-Committee please contact Paul Lewis.

/ / /

6. Committee Meeting

President Update:

President Pat Dunne gave a brief overview of the proposed ‘PEOA Constitution’ and purpose.

Members present received a hardcopy.
Members have contacted President Pat Dunne regarding their concerns with the the issue of the ‘Native Vegetation’ exemptions and sunset Clause.
Michael Vallis Banyule City Council is concerned with the CFA giving incorrect advice on the Native Vegetation exemptions and not fully understanding in working with Councils and the roles are.
Michael Vallis Banyule City Council mentioned new VCAT President Justice Ian Ross.
President Pat Dunne mentioned new listing in VCAT ‘Major Case’ in fast tracking cases i.e. economic situations involved over $5,000,000.
Some concerns with figure given as BCC has many properties ‘dwellings’ over $5,000,000.
Maddocks advice out on Local Government Act and Planning and Environment Act ‘instrument of appointment and authorisation’ /

President Pat Dunne to send an email out to all members a copy of the proposed ‘PEOA Constitution’.

To be voted on by members at our next meeting.
President Pat Dunne to write to the CFA with regard to the facts of the ‘Native Vegetation’ exemptions on behalf of the PEOA.

President Pat Dunne and Secretary Rhett English to send an email out to all members a copy of Maddocks and Russell Kennedy legal advice on ‘instrument of appointment and authorisation’