This post shows a number of questions I put to Glenorchy City Council on 1 July 2023, and their responses to each question exactly as received.
Take note: the only reason there has been any official communication regarding bus stops is the deadline for making bus stops compliant with the Disability Discrimination Act passed in Canberra in 1992. That Act gave the states 30 years to take the appropriate action. The Tasmanian government missed the 2022 deadline. They clearly hope that applying minimum resources to the minimum number of bus stops will allow it to later plausibly claim compliance. See the answer to question 4 to learn more.
Q1. Did Council make any allowance in its 2023-24 budget specifically for the maintenance or upgrade of bus stop infrastructure? If so, how much?
A: Bus stop infrastructure is not the responsibility of local government, and Glenorchy City Council does not own any bus stop infrastructure, except for the Tolosa Street Bus Interchange. council has no specific allowance in the 23/24 budget for the upgrading of bus stop infrastructure.
Q2. Council has on many occasions mentioned the difficulty they have arriving at an acceptable agreement with Metro Tasmania for maintenance of bus stop infrastructure. What does council see as the sticking points in their negotiations with Metro Tas?
A: Metro Tasmania is a Public Transport operator contracted by the Department of State Growth. Metro Tasmania advises that they are not contracted for, or funded to, upgrade or maintain bus stop infrastructure. The Department of State Growth claims bus stops on local roads are the responsibility of the relevant local government. However, bus stop ownership is not legally defined or legislated. The council has not accepted ownership of bus stops as it has never installed or owned bus stop infrastructure and does not have it listed as an asset on Council’s assets register. This position is consistent with that of other councils and LGAT is undertaking advocacy to the state government in relation to ownership of bus stop infrastructure, on behalf of the sector.
Q3. Council has repeatedly given the impression that it believes it should not have any responsibility for maintaining bus stops. It occurs to me that council taking control of bus stops could create opportunities. For example,
(a) bus shelters might be used as a communications channel to the public, and
(b) it might be possible to sell advertising space on the shelter to defray maintenance costs.
A: Council has not explored the potential for this as we do not own the bus stop infrastructure. However, any revenues are unlikely to defray the costs to the community of owning, maintaining, renewing and replacing bus stop infrastructure.
Q3a. Has Council ever requested from staff a comprehensive cost benefit analysis for taking over maintenance of bus stop infrastructure? If so, can I have a copy?
A: No, council’s priority is managing the over $1 billion of community assets it already owns. There are significant costs to ratepayers with taking on any new infrastructure. Even without a cost/benefit analysis, we know bus stop infrastructure would come with significant costs, including upgrades to meet Disability Discrimination Act (DDA) standards, in addition to the ongoing maintenance and depreciation.
Q3b. Has Council ever requested any type of report on such a proposal? If so, can I have a copy?
A: No, council has not requested this type of report. However, a desktop analysis in 2022 suggests there are 404 bus stops in the City, and upgrades to meet DDA standards would cost at least $2 million plus project management costs.
Q4. In 2022 the Department of State Growth announced a Bus Stop Upgrade Program triggered by a requirement for bus stop compliance with the Disability Discrimination Act 1992. The program allows Councils to access grant funds to assist in the upgrade of bus stop infrastructure to satisfy the Act.
Will Glenorchy City Council participate in the program? If not, why not?
If yes, how will Council select the bus stops to propose for upgrade, and how many would be included? Will it for example only consider the 40 or so bus shelters in the city?
A: Glenorchy City Council made a submission for funding through the grant program, but later the Department announced that should Council’s accept the grant funding, they would be accepting ownership and ongoing maintenance responsibilities for bus stop infrastructure. Once this was announced, the Council clarified its submission, stating that Council would undertake the required works to assist in making bus stops DDA compliant but would not accept the transfer of ownership by accepting the grant funding. The Department of State Growth withdrew their grant offer on this basis.
The council is willing and has offered to undertake the necessary works on a fee for service basis. This has not been accepted by State Growth. As mentioned earlier, this is consistent with the position of other councils and an issue LGAT is undertaking advocacy to the Government in relation to, on behalf of the sector.
The Department of State Growth has recently written to council stating they are reconsidering their approach to this matter and will advise councils of their new proposal in due course.
Some clarification of the position of local government appears in the submission by LGAT in December 2023 to the State Government Road Management Legislation Review Discussion Paper. A full copy of the submission can be found through this link – https://www.lgat.tas.gov.au/news-and-events/latest-news/lgat-submission-road-management-legislation-review-discussion-paper
Here is a direct quote of the relevant section in that submission.
Ambiguity
Ambiguity of road management responsibility needs to be addressed, with councils providing many examples of when road management responsibility for a particular asset or road component has been ambiguous. The asset transfer process proposed above should help with council case studies used to test legislative proposals.
Bus stops
An example of this ambiguity is bus stops on local roads. Bus stops are rarely constructed by councils and typically established by either developers or the public transport authority (Department of State Growth). Tasmanian councils also do not operate the service so have very little influence on their operational costs and no ability to impose a user charge to recover costs. Bus stops are also part of a larger transport function, beyond the scope of any council. In their role in public transport services, bus stops more closely resemble utility infrastructure, like transformers for electricity supply or pump stations for water and wastewater services, both of which are the responsibility of the service provider, not the land owner or road reserve manager.
Despite this, there is ambiguity around who owns and is responsible for maintaining bus stops. The Tasmanian Government claims that bus stops, both on local roads and even on state roads in urban areas, belong to and are the responsibility of councils. This claim implies that ratepayers should pay for bus stop maintenance and councils should increase rates to provide this service. Councils reject this as they have no natural or active role in public transport provision – they are incidental to the service.
To compound this, these assets are never responsibly transferred to councils with any formal process. It is merely claimed that councils are the owners and must suddenly start to maintain, upgrade, and fully account for these assets, raising rates to do so.
The review should use the natural asset ownership and transfer process proposed above to start resolving the ambiguity around bus stops.
For the reasons explained above, it clear to local government that we are not the natural owner of bus stops, nor are councils responsible for the transport function they deliver. If the Tasmanian Government believes that ratepayers should subsidise the ownership, maintenance, upgrade, and full accounting of bus stop infrastructure, it should make that case honestly and explicitly with ratepayers to justify this subsidisation. There may be a case there, but it is irresponsible to leave this implication unspoken and force councils to have to negotiate this cost increase with communities alone.