Syd Walker, candidate for Division 8 in the Tablelands Regional Council elections, welcomes action by Queensland Local Government Minister Warren Pitt over Mareeba Shire Council Mayor Borzi’s apparent conflict of interest regarding the new Myola Plan.
The Plan was approved following a closed session at Council's notorious 'Special Meeting' on January 29th, at which Mayor Borzi failed to disclose his ownership of a valuable block of land within the Myola Zone or absent himself from Council's discussion or vote.
“News of the Minister’s response to complaints about the Mayor’s actions was reported prominently in this week’s Tablelands Advertiser. The Minister’s office was also good enough to reply to my own correspondence, promptly and in some detail. As these are matters of considerable public interest, I release the letter I received yesterday from the Minister’s Policy Adviser" said Mr Walker [letter attached].
“While the Minister has acted promptly and it is encouraging that he has referred the matter to Planning Minister and Deputy Premier Paul Lucas, I am astonished by one aspect of the advice he apparently received” Mr Walker continued.
Mr Walker explained “The Minister’s Policy Adviser’s writes: “The Department of Local Government… has conducted preliminary enquiries into this matter and has formed the opinion that the Mayor was unlikely to have had a material personal interest while considering the Myola Plan, because the plan is a planning scheme of general application in the local government’s area. As such, the Minister has decided not to refer this matter to the Crimes and Misconduct Commission…” ” (emphasis added)
Mr Walker continued “I'm seeking legal advice on this point. I am not a lawyer, but the English language cannot be modified at will. It seems to me the Myola Plan is not “a planning scheme of general application in the local government’s area”. It’s a plan for a small district within a very large shire.
"Why does the legislation say 'of general application in the local government’s area' if it really means 'of specific application at district level'?” Mr Walker asked.
“My doubts about this implausible interpretation of the Act lead me to question whether the Mayor's actions should not be subject to the exemption provisions of Section 6(3)(a)(v), as the Ministerial Adviser’s letter suggests. I intend to contact Minister Pitt's office to clarify this" Mr Walker said.
“The plan to urbanize Myola has taken a blow, but has yet to be formally rejected.” he added.
“As a resident - and potential Councillor on the new Tablelands Regional Council - I want to help ensure the new Council inherits as little negative baggage from the past as possible.” Mr Walker concluded.
For clarification or further comment please contact Syd Walker
Phone 07 4093 8384 ; Email: syd@sydwalker.info
More background information at www.sydwalker.info