Special Council Meeting Minutes

SPECIAL COUNCIL

MINUTES

(Open to the public)

Monday 17 June 2019 Council Chamber, 8 Inglesby Road, Camberwell.

Commencement 8.05pm

Attendance Councillor Jane Addis (Mayor) Councillor Phillip Healey Councillor Lisa Hollingsworth Councillor Steve Hurd Councillor Jim Parke Councillor Garry Thompson

Apologies Councillor Coral Ross (Leave of Absence) Councillor Felicity Sinfield (Leave of Absence) Councillor Cynthia Watson (Leave of Absence) Councillor Jack Wegman (Leave of Absence)

Officers Phillip Storer Chief Executive Officer Shiran Wickramasinghe Director City Planning Carolyn Terry Acting Director Environment and Infrastructure Jim Hondrakis Manager Traffic and Transport Shiranthi Widan Acting Manager Strategic Planning Clare Davey Senior Coordinator Transport Advocacy Krysten Forte Coordinator Governance Andrea Lomdahl Senior Transport Planner Eren Cakmakkaya Media and Advocacy Specialist Jo Liu Senior Strategic Planner Elizabeth Manou Governance Projects Officer Kate Western Acting Governance Projects Officer

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Table of contents

1. Apologies 3

2. Declaration of conflict of interest of any councillor or council officer 3

3. Presentation of officer reports 3 3.1 Adoption of Council submission to the North East Link Environment Protection and Biodiversity Conservation Act Public Environment Report 3 3.2 Adoption of Council Submission to the North East Link Environment Effects Statement 5

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Procedural Motion - Adjournment

Moved Councillor Healey

Seconded Councillor Hurd

That the Special Council Meeting be adjourned.

CARRIED

The Special Council Meeting adjourned at 8.05pm.

Procedural Motion - Resumption

Moved Councillor Parke

Seconded Councillor Thompson

That the Special Council Meeting be resumed.

CARRIED

The Special Council Meeting resumed at 8.43pm with all councillors present except Councillor Ross, Councillor Sinfield, Councillor Watson and Councillor Wegman.

1. Apologies

Councillor Coral Ross (Leave of Absence)

Councillor Felicity Sinfield (Leave of Absence)

Councillor Cynthia Watson (Leave of Absence)

Councillor Jack Wegman (Leave of Absence)

2. Declaration of conflict of interest of any councillor or council officer

Nil

3. Presentation of officer reports

3.1 Adoption of Council submission to the North East Link Environment Protection and Biodiversity Conservation Act Public Environment Report

This report seeks Council endorsement of the submission (Attachment 1) to the Australian Government Environment Protection and Biodiversity Conservation Act (the Act or EPBC) Public Environment Report (PER) for the North East Link (NEL).

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The EPBC provides a legal framework to protect and manage nationally and internationally important flora, fauna, ecological communities and heritage sites. It also provides approvals for work on Commonwealth land. Under the Act, a person must not take an action that has, will have or is likely to have a significant impact on any of the matters of national environmental significance (MNES) or other matters protected (OMP) without approval from the Minister for the Environment (the Minister).

The following three listed threatened species and migratory species, MNES, known to occur in Boroondara are at risk from the project:

• River Swamp Wallaby-grass. • Swift Parrot. • Australasian Bittern.

Submissions on the PER were due on 30 May 2019 following a 30 day exhibition period of the PER documents. In Boroondara the PER was on display at the Balwyn and Camberwell libraries, as well as the Greythorn library lounge.

The submission is a joint submission on behalf of Boroondara, Banyule and Whitehorse Councils. The submission includes an overarching document commenting on the key themes and issues common to all councils along with separate council specific attachments. It was provided to the North East Link Project by the 30 May 2019 deadline. The submission noted it had not received Council endorsement and an endorsed submission would be provided following the 17 June 2019 Special Council Meeting.

The submission (Attachment 1) contends the NEL should not be approved by the Minister. It notes the project will cause unnecessary, unacceptable and irreversible effects on MNES and the environment on Commonwealth land that are not justified by the alleged benefits of the project.

MOTION

Moved Councillor Healey

Seconded Councillor Parke

That Council resolve to:

1. Endorse the submission (Attachment 1) to the Australian Government Environment Protection and Biodiversity Conservation Act (the Act or EPBC) Public Environment Report (PER) for the North East Link (NEL).

2. Make the submission available to the community on the Boroondara website.

3. Notify the following stakeholders in writing of the Council resolution:

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vi. All State upper and lower house members. vii. The Federal Minister for the Environment, the Hon Sussan Ley, MP. viii. The Member for Kooyong, the Hon Josh Frydenberg, MP. ix. The Member for Higgins, Dr Katie Allen, MP. x. The Federal Member for Deakin, the Hon Michael Sukkar MP. xi. The Federal Minister for Population, Cities and Urban Infrastructure, the Hon Alan Tudge MP. xii. The Federal Member for Chisholm, Gladys Liu MP. xiii. RUANELA community group. xiv. Koonung Creek Reserve Balwyn North Preservation Group.

CARRIED

3.2 Adoption of Council Submission to the North East Link Environment Effects Statement

This report seeks Council endorsement of the submission (Attachment 1) to the Victorian Government Environment Effects Act (the Act) Environment Effects Statement (EES) for the North East Link (NEL).

The EES is a collection of studies and reports that identify important issues about the environmental, social, economic and planning impacts of the project. It also considers measures to mitigate the impacts of the project.

Submissions on the EES were due by 5pm 7 June 2019 following a 40 day public exhibition period. In Boroondara the EES was on display at all libraries, including the Greythorn library lounge.

The submission is a joint submission on behalf of Boroondara, Banyule and Whitehorse Councils. The EES submission included an overarching document commenting on the themes and issues common to all three councils, along with separate Council specific attachments. It was provided to Planning Panels Victoria by the 7 June 2019 deadline. The document noted it had not received Council endorsement and an endorsed submission would be provided following the 17 June 2019 Special Council Meeting.

The submission (Attachment 1) contends the NEL should not be approved as it will have undesirable and significant impacts on the Boroondara community and on Council assets for various reasons, including acquisition of large volumes of public open space to facilitate widening of the Eastern Freeway and impacts on human health and wellbeing from increased traffic volumes and noise.

MOTION

Moved Councillor Parke

Seconded Councillor Healey

That Council resolve to:

1. Endorse the submission (Attachment 1) to the Victorian Government Environment Effects Act (the Act) Environment Effects Statement (EES) for the North East Link (NEL).

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2. Notify the following stakeholders in writing of the Council resolution:

i. Premier of Victoria, the Hon Daniel Andrews, MP. ii. Prime Minister of Australia, the Hon Scott Morrison, MP. iii. The Victorian Minister for Transport Infrastructure, the Hon Jacinta Allan, MP. iv. The Victorian Minister for Roads, the Hon Jaala Pulford, MP. v. The Victorian Minister for Planning, the Hon Richard Wynne, MP. vi. All State upper and lower house members. vii. The Federal Minister for the Environment, the Hon Sussan Ley, MP. viii. The Member for Kooyong, the Hon Josh Frydenberg, MP. ix. The Member for Higgins, Dr Katie Allen, MP. x. The Federal Member for Deakin, the Hon Michael Sukkar MP. xi. The Federal Minister for Population, Cities and Urban Infrastructure, the Hon Alan Tudge MP. xii. The Federal Member for Chisholm, Gladys Liu MP. xiii. The affected Federal Opposition Members. xiv. RUANELA community group. xv. Koonung Creek Reserve Balwyn North Preservation Group.

CARRIED

The meeting concluded at 9.05pm

Confirmed

Chairperson ______

Date ______

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