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Friday, November 1, 2024

The reason why Councillors must remain silent


Murrindindi Shire Council has received a planning permit application for a resort at ‘Balaclava’, Murrindindi Rd, Murrindindi.

The property has come into the national spotlight, with allegations that illegal shooting of native animals is taking place on the property.

Shire CEO Craig Lloyd issued a statement during the week, noting that the Police and the Department of Environment, Land, Water and Planning are the authorities overseeing the matter of shooting on the property.

Some on social media have criticised Councillors for not commenting on the issues relating to the property. Councillors are banned by State law from commenting or taking a pre-conceived view about matters such as planning applications.

Councillors are obliged to approach each planning application with an open view. Any prior expression of an opinion would disqualify that Councillor from having a vote. The precedent was set in a legal case, Winky Pop Pty Ltd v Hobsons Bay Council in 2007.

Calls by pundits for Murrindindi Shire Councillors to immediately state opinions on any planning permit application in progress are ill-informed, and demonstrate a lack of familiarity with rigorous local government law requirements.

– Comment by Editor, Ash Long