FROM THE CMPA SECRETARIAT (Issue 64)

The NIMBY Syndrome

BRUCE McCLURE General Manager of the CMPA comments on the impact of the NIMBY syndrome.

OVER the last few years one issue that is becoming of major concern throughout Australia is the NIMBY syndrome and its implications on current and future extractive industry sites.

The NIMBY or ‘Not in My Back Yard’ syndrome is becoming increasingly prevalent as some people seek to restrict things that they believe will impact on their lives, their surrounds. It is also caused by people who have made lifestyle changes or are starting a different career and upon moving to an area are confronted by an activity that they feel is inappropriate to the lifestyle or living environment they have moved to and want the perceived threat, disturbance removed.

Many existing quarry sites around Victoria are being subjected to more and more public angst. Even though in many cases these quarries have existed for decades, some people move nearby and then a campaign starts regarding a number of issues deemed to be the fault of the quarry located near them.

Some people just don’t want the quarry alongside them – doesn’t matter that a quarry site may have been there for a while, is a major contributor to the local economy or is an industry providing essential products for our modern society to continue and grow.

There are a number of sites in Victoria where the quarries are under severe pressure and increasing restrictions to appease adjoining landowners. All quarry owners are aware of their responsibility when it comes to dealing with environmental issues and the physical safety of all people within and outside their sites.

It is essential that state and local government ensure that current and future extractive sites are protected by legislation and planning schemes that prevent frivolous claims by people who try to have a extractive industry business closed or severely restricted in its operations. It is essential that sites are protected by reasonable buffers from encroachment by growth of communities whether it be housing or commercial activity.

For example, with good and practical planning it is possible for extractive industry sites to coexist with industrial estates in an area with infrastructure in place catering for all needs.

Careful planning of the location of extractive industry sites is vital for our future prosperity. Equally important is the preservation of existing sites which meet all planning requirements stipulated as part of the Work Authority for the site. State and Local Governments need to become proactive in reducing the impact of the NIMBY syndrome.

ATO EXPANSION OF DIRECTORS PENALTIES

Directors will now be personally liable for Superannuation Guarantee Charge (SGC) as well as Pay As You Go (PAYG) if either tax remains unpaid and unreported three months after their due date.

In order to avoid personal liability for unremitted PAYG or SGC directors must now report the debt within 3 months of the due date and either pay the debt, appoint a Voluntary Administrator or Liquidator before they receive a Directors Penalty Notice (DPN) or within 21 days of receiving a DPN.

This change is retrospective for unremitted PAYG obligations, accordingly if the company has outstanding PAYG at the time of Royal Assent on 27 June and that debt had not been reported to the ATO within 3 months of the due date, then the only way to avoid personal liability will be to pay the debt. Amendments to extend director penalties to superannuation will only apply to any quarter for which there is a superannuation guarantee charge shortfall following the Royal Assent.

A detailed explanation of Director responsibilities will be provided in the next edition of Sand & Stone.

Many thanks to John Pititto from Mead Partners Chartered Accountants for supplying the above information.

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