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Midland Oval campaigners and others complained the City of Swan breached the Local Government Act 1995 in relation to a business plan for the oval. Picture: ANITA McINNES

City of Swan found not to have breached Act

THE City of Swan has been cleared of any breach of the Local Government Act 1995 but has been told it could improve its community engagement and communication process in relation to a business plan for the Midland Oval.

Today the Department of Local Government said it had reviewed the matter to determine whether actions taken by the City of Swan were compliant with the requirements of the Local Government Act 1995 (the Act). 

A department spokeswoman said while the review identified some areas for improvement relating to the city’s community engagement and communication, it found that the city had complied with the requirements of the Act and associated regulations. 

“The department has provided advice and support to the city regarding the matter,’’ she said.

In Swan electors say no confidence in council, (Echo News, December 15) it was reported Midland resident and passionate Midland Oval campaigner Jennifer Catalano had put forward a motion at the City of Swan annual electors’ meeting saying owing to failure of the city to adhere to the Local Government Act and its disregard for its residents and ratepayers the electors at the meeting had no confidence in the council after it supported the New Junction design and business plan.

Midland Oval campaigners and supporters have long questioned the conduct of City of Swan staff in relation to failing to prepare and advertise a business plan/s to buy property for the common purpose of the Midland Oval redevelopment.

But the city has always said it followed correct procedure.

In City of Swan maintains it has not breached Act, (Echo News, June 16) the city said it only entered into a sale and development agreement with De Mol Investments after ensuring it had fully complied with the relevant sections of the Act. 

After Save Midland Oval protestors camped on the oval and East Metropolitan MLC Tim Clifford asked questions about whether the city had breached the Act in relation to buying $32.5 million of land and only completing a business plan after buying the land, the department said it was reviewing the city’s process to ensure that there had been no breach of the Act and its associated regulations.

Then Kalamunda MLA Matthew Hughes in Hughes says City acknowledged potential breach (Echo News, June 21) claimed council staff had been aware land acquisitions on The Crescent were a potential breach of the Act.

Today City of Swan chief executive officer Mike Foley said the city had not yet received a letter from the department with the findings of its review.

He said the city would respond to the no confidence motion when it was presented to the council along with the other motions at the February 2019 ordinary council meeting. 

 By Anita McInnes

About Anita

Anita Mcinnes received a highly commended in the 2009 WA Media Awards suburban section for her reporting. Two of her sons were born at Swan District Hospital and for many years she was a partner in a small business, which operated in the Gingin-Muchea-Bullsbrook area. As a mature age student Anita studied journalism at Curtin University before working in Busselton, Dunsborough and Rockingham with West Regionals. She says the best part of her job is meeting eastern suburb residents and visiting the many attractions in the area.

One comment

  1. Good to see The Echo publishing positives for Swan so promptly.

    So transparent.

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