City of Perth Bill: Dangers to Kings Park

The City of Perth Bill was introduced into Parliament on 21^st May 2015. Although the Bill has moved up to No 5 on the Notice Paper, the full debate has not yet taken place, making it likely to happen in the September sitting of the Legislative Assembly (starting 8th September).

Although the Bill is notionally about the City of Perth, it is important to all West Australians, not simply to those who are residents, ratepayers or business operators in the City of Perth. 

We all have an interest in and are affected by our capital city.

There is one aspect of the Bill that we believe is of special concern to all who care about Kings Park. That is the incorporation of Kings Park within the City of Perth boundaries (Clause 17) and the special powers given to the Executive Director of Public Health (Clauses 28 and 29). No reason for either of these has been provided, either in the Bill or in the Explanatory Memorandum.

The Executive Director, Public Health, would, "for the purposes of protecting, promoting or improving public health", be given “all the powers and authority of a local government”, including the “power to make and enforce local laws under the Local Government Act, 1995”. This, by definition, includes the power to approve development to aid 'public health'.

The definition of ‘public health’ in the Bill is so vague (see right) that it could be construed to cover provision for hospital and associated facilities and services, which, given the constrained sites on which the QEII Medical Centre and the new Children’s Hospital are situated, could cover development of the western edge of Kings Park - not only for direct hospital purposes but for car parking, ancillary medical services, formal recreation space for the hospital (indeed, this has already been mooted and a pedestrian bridge over Winthrop Avenue proposed) and who knows what else.

We note, also, that an identical provision, but applying to all A-class reserves, is included in the Local Government Legislation (Amendment) Bill, which is also before the Legislative Assembly. 

If Kings Park is not to be endangered in this way, this provision must be removed not only from the City of Perth Bill (or, preferably, the Bill to be defeated) but also from the Local Government Legislation Amendment Bill.