Newcastle deputy lord mayor Declan Clausen has sensationally called for fellow councillor Allan Robinson to "immediately resign" over a string of illegal dumping offences that he suggests are putting the council's environmental licence to operate waste services at risk.
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However Cr Clausen's claims, made during a tense ordinary meeting on Tuesday night, were labelled a "politically motivated attack" by other councillors.
The Labor deputy had moved a procedural motion early in the meeting to consider the urgent late item of business, a motion which alleged Cr Robinson's illegal dumping record was putting the council's Environmental Protection Licence (EPL) at stake.
Cr Robinson, who has had multiple run-ins with authorities since establishing an excavation and demolition business about 10 years ago, recently pleaded guilty on behalf of his company ARSK Civil Pty Ltd for dumping 52 tonnes of demolition waste last year.
The company was fined $8000, an amount it was also fined in 2017.
Cr Clausen's motion said the council's EPL to operate the Summerhill tip could be "suspended or revoked" under the "fit and proper criteria" of the Protection of Environment Operations Act, if "a director of the body corporate is or has been the director of another body corporate that has contravened any of the environmental protection legislation".
It was "likely that a councillor is considered to be a director, and the city considered a body corporate" as per the PEO and Local Government Acts.
Cr Clausen (ALP) said if the licence was revoked it would cause a "public health crisis" as council "would be unable to collect 30,000 bins across the city each day".
The motion called for an investigation under the council code of conduct and for executive staff to "take necessary action to protect" the EPL.
Cr John Church (IND) said the motion was a "politically motivated attack", while Cr Brad Luke (LIB) said it was "just trying to point-score".
Cr Robinson, who was attending the meeting via video link, defended his actions and disputed the fines.
"Tin, timber, bricks - is not waste. It's a recyclable product which I am licensed to sell," he said, adding he had paid the fines rather than dispute them in order to "get on with life".
Staff said legal advice had indicated there was "some uncertainty" about whether a councillor was considered to be a director under the legislation and the NSW Environment Protection Authority should be contacted.
A letter was sent to the state government agency on Tuesday.
The eight points in the motion were ultimately voted on separately with the Labor majority ensuring they passed. A reference to investigating the concerns in relation to the code of conduct was dropped.
Cr Robinson (IND) did not bother to vote.
Lord mayor Nuatali Nelmes said the outlined concerns were a "matter of risk" and "worthy of discussion".
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