MISSION AND VALUES OF COUNCIL

 

"A Sustainable Community that is inclusive, attractive, healthy and pleasant to live in, that uses our land so as to preserve our history and environment, respects the rights and equality of our citizens and manages our future growth wisely."

 

AGENDA

 

 

 

FOR THE

 

Ordinary Meeting of Council

 

26 March 2015

 


OUR VISION

 

"A thriving and friendly community that recognises our history and embraces cultural diversity and economic opportunity, whilst nurturing our unique natural and built environment."

 

OUR MISSION

 

“To deliver affordable and quality Local Government services.”

 

CORE VALUES OF THE SHIRE

 

The core values that underpin the achievement of the

 mission will be based on a strong customer service

focus and a positive attitude:

 

Communication

 

Integrity

 

Respect

 

Innovation

 

Transparency

 

Courtesy

 

DISCLAIMER

The purpose of Council Meetings is to discuss, and where possible, make resolutions about items appearing on the agenda.  Whilst Council has the power to resolve such items and may in fact, appear to have done so at the meeting, no person should rely on or act on the basis of such decision or on any advice or information provided by a Member or Officer, or on the content of any discussion occurring, during the course of the meeting.

 

Persons should be aware that the provisions of the Local Government Act 1995 (Section 5.25 (e)) establish procedures for revocation or rescission of a Council decision.  No person should rely on the decisions made by Council until formal advice of the Council decision is received by that person.  The Shire of Broome expressly disclaims liability for any loss or damage suffered by any person as a result of relying on or acting on the basis of any resolution of Council, or any advice or information provided by a Member or Officer, or the content of any discussion occurring, during the course of the Council meeting.

 


Agenda – Ordinary Meeting of Council 26 March 2015                                                                         Page 3 of 3

 

 

 

Councillor

Cr  G Campbell

Cr J Bloom

Cr H Tracey

Cr D Male

Cr M Manado

Cr C Mitchell

Cr A Poelina

Cr M Lewis

Cr P Matsumoto

2013

21 November

 

 

 

 

 

 

LOA

 

19 December

 

 

 

 

 

 

2014

27 February

 

 

 

 

 

LOA

 

27 March – No quorum

A

 

LOA

 

LOA

 

LOA

NA

NA

 

31 March

 

LOA

 

 

 

 

 

24 April

 

 

 

 

 

 

A

 

22 May

LOA

LOA

 

 

 

LOA

LOA

 

26 June

 

 

 

 

 

 

LOA

 

24 July

 

 

 

 

 

LOA

A

 

28 August

 

 

 

 

LOA

 

 

25 September

 

 

 

A

 

 

A

 

23 October

Resigned  16/10/14

 

 

 

 

LOA

A

 

27 November

 

 

 

 

 

 

18 December

A

 

 

 

 

A

2015

26 February

 

 

LOA

 

 

 

26 March

 

 

 

 

 

 

30 April

 

 

 

 

 

 

28 May

 

 

 

 

 

 

25 June

 

 

 

 

 

 

30 July

 

 

 

 

 

 

27 August

 

 

 

 

 

 

24 September

 

 

 

 

 

 

15 October

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

·       LOA (Leave of Absence)

·           NA (Non Attendance)

·       A (Apologies)

 

2.25.      Disqualification for failure to attend meetings

     (1)     A council may, by resolution, grant leave of absence, to a member.

     (2)     Leave is not to be granted to a member in respect of more than 6 consecutive ordinary meetings of the council without the approval of the Minister, unless all of the meetings are within a period of 3 months.

  (3A)     Leave is not to be granted in respect of —

                 (a)     a meeting that has concluded; or

                 (b)     the part of a meeting before the granting of leave.

     (3)     The granting of the leave, or refusal to grant the leave and reasons for that refusal, is to be recorded in the minutes of the meeting.

     (4)     A member who is absent, without obtaining leave of the council, throughout 3 consecutive ordinary meetings of the council is disqualified from continuing his or her membership of the council, unless all of the meetings are within a 2 month period.

  (5A)     If a council holds 3 or more ordinary meetings within a 2 month period, and a member is absent without leave throughout each of those meetings, the member is disqualified if he or she is absent without leave throughout the ordinary meeting of the council immediately following the end of that period.

     (5)     The non‑attendance of a member at the time and place appointed for an ordinary meeting of the council does not constitute absence from an ordinary meeting of the council —

                 (a)     if no meeting of the council at which a quorum is present is actually held on that day; or

                 (b)     if the non‑attendance occurs —

                              (i)     while the member has ceased to act as a member after written notice has been given to the member under section 2.27(3) and before written notice has been given to the member under section 2.27(5); or

                             (ii)     while proceedings in connection with the disqualification of the member have been commenced and are pending; or

                         (iiia)     while the member is suspended under section 5.117(1)(a)(iv); or

                            (iii)     while the election of the member is disputed and proceedings relating to the disputed election have been commenced and are pending.

     (6)     A member who before the commencement of the Local Government Amendment Act 2009 section 5 1 was granted leave during an ordinary meeting of the council from which the member was absent is to be taken to have first obtained leave for the remainder of that meeting.

               [Section 2.25 amended by No. 49 of 2004 s. 19(1); No. 17 of 2009 s. 5.]

 

 


AgendaOrdinary Meeting of Council 26 March 2015                                                                                     Page 6 of 7

 

SHIRE OF BROOME

Ordinary Meeting of Council

Thursday 26 March 2015

INDEX – Agenda

 

1.               Official Opening.. 8

2.               Attendance and Apologies. 8

3.               Declarations of Financial Interest / Impartiality. 8

4.               Public Question Time. 8

5.               Confirmation of Minutes. 8

6.               Announcements by President Without Discussion.. 8

7.               Petitions. 8

7.1      PETITION - REQUEST THAT COUNCIL OPPOSE FRACKING.. 8

8.               Matters for Which the Meeting May Be Closed.. 19

9.               Reports of Officers. 20

9.1      Our People. 21

9.1.1     COMMUNITY SPONSORSHIP PROGRAM ANNUAL FUNDING ROUND.. 22

9.1.2     HEADS OF TERMS- BROOME INTERNATIONAL AIRPORT DRAINAGE AGREEMENT. 26

9.2      Our Place. 28

9.2.1     PROPOSED SIGNAGE LOT 61 FREDERICK STREET. 29

9.2.2     PROPOSED LOCAL PLANNING POLICY - STRUCTURE PLAN AND SUBDIVISON STANDARDS. 41

9.3      Our Prosperity. 101

Nil

9.4      Our Organisation.. 103

9.4.1     FEBRUARY 2015 FINANCIAL ACTIVITY REPORT. 104

9.4.2     PAYMENTS - FEBRUARY 2015. 208

9.4.3     LOCAL GOVERNMENT ELECTIONS 2015. 217

9.4.4     MINUTES OF THE JOINT MEETING OF THE KIMBERLEY ZONE OF WALGA AND REGIONAL COLLABORATIVE GROUP HELD 9 DECEMBER 2014. 223

9.4.5     MINUTES OF THE JOINT MEETING OF THE KIMBERLEY ZONE OF WALGA AND REGIONAL COLLABORATIVE GROUP HELD 27 FEBRUARY 2015. 311

9.4.6     TENDER 15/02 MULCHING OF GREEN WASTE. 391

10.            Reports of Committee. 395

10.1      ACCESS AND INCLUSION ADVISORY COMMITTEE MEETING MINUTES 17 FEBRUARY 2015. 396

10.2      MINUTES OF THE BROOME CEMETERY ADVISORY COMMITTEE 11 FEBRUARY 2015. 413

11.            Notices of Motion.. 423

11.1   NON CONFORMING USE REGISTER. 423

12.            Business of an Urgent Nature. 436

13.            Questions by Members Of Which Due Notice Has Been Given.. 436

14.            Matters Behind Closed Doors. 436

9.1.2  HEADS OF TERMS- BROOME INTERNATIONAL AIRPORT DRAINAGE AGREEMENT  436

15.            Meeting Closure. 436

 


AgendaOrdinary Meeting of Council 26 March 2015                                                                                     Page 8 of 9

 

 

NOTICE OF MEETING

 

 

 

Dear Council Member,

 

 

The next Ordinary Meeting of the Shire of Broome will be held on Thursday, 26 March 2015 in the Council Chambers, Corner Weld and Haas Streets, Broome, commencing at 5.00pm.

 

 

 

Regards

 

 

K R DONOHOE

Chief Executive Officer

 

19/03/2015

 


Agenda – Ordinary Meeting of Council 26 March 2015                                                                                    Page 9 of 10

1.         Official Opening

 

 

2.         Attendance and Apologies 

 

              Attendance:

 

              Leave of Absence:

 

              Apologies:

 

              Officers:

 

              Public Gallery:

 

3.         Declarations of Financial Interest / Impartiality

 

FINANCIAL INTEREST

Councillor

Item No

Item

Nature of Interest

 

 

 

 

 

IMPARTIALITY

Councillor

Item No

Item

Nature of Interest

 

 

 

 

 

4.         Public Question Time

 

The following question from Jenny Bloom was taken on notice at the Ordinary Meeting of Council held 26 February 2015:

 

Question 4:

 

To the issue of the position of Council: Can the Shire President confirm if Councillors were briefed at any concept forums about this matter, whether any financial projections were provided and whether the correspondence attached to this agenda item was provided in any Councillor confidential monthly information bulletin?

 

Answer provided by the Shire President:

This question was taken on notice.

 

Officers are currently reviewing records on this matter on behalf of the Shire President and once completed a summary of the response will be provided in the April 2015 Ordinary Meeting of Council Agenda.

 

5.         Confirmation of Minutes

 

Recommendation:

That the Minutes of the Ordinary Meeting of Council held on 26 February 2015 be confirmed as a true and accurate record of that meeting, subject to an amendment on page 191, to insert the words “That Council” at the commencement of the second Council Resolution relating to Agenda Item 10.1 Minutes of Audit Committee meeting held 10 February 2015 – Mid Year Budget Review/2nd Quarter Finance and Costing Review and 2014 Compliance Audit.

 

6.         Announcements by President Without Discussion

 

7.         Petitions

7.1         PETITION - REQUEST THAT COUNCIL OPPOSE FRACKING

The Shire of Broome received a petition at the Ordinary Meeting of Council on 26 February 2015 stating:

 

We, the undersigned electors, ratepayers and residents of the Shire of Broome, hereby request that the Shire Council oppose fracking until and/or unless it can be shown NOT to be a risk to human health, water quality and the environment for the following reasons:

The EPA ruled in January 2014 that a fracking proposal by Buru Energy was unlikely to have significant effect on the environment and did not need to be subjected to an impact assessment process. We believe that the lack of scrutiny by Western Australia’s only independent environmental watchdog (EPA) is appalling, as modern day fracking is completely different to previous technologies, with much higher risks for the ground water contamination and adverse affects on human health.

 

Fracking shouldn’t happen until we know more about it and we can PROVE IT IS SCIENTIFICALLY SAFE and there is a proper regulatory regime in place.

Dozens of Local Government Authorities across Australia have either called for a moratorium on fracking or expressed serious concerns and developed policies on the industry.  Countries like France, Scotland and Wales as well as other jurisdictions like New York State and closer to home, Victoria have put in place moratoriums on shale gas fracking which is similar to the fracking being proposed for the Kimberley.

 

This petition is in the correct format as stated in the Shire’s Standing Orders. A review of the signed petitioners indicates that of the 123 signatures, 48 are electors on the 2013 electoral roll and 75 signatories have provided residential addresses that are within the Shire of Broome but who are not on the 2013 electors roll.

 

BACKGROUND

 

Previous Considerations

 

OMC 26 February 2015                Item 9.4.8

 

At the Ordinary Meeting of Council on 26 February 2015 Council in considering the following electors motion resolved as per below:

 

Elector Motion 9

ELECTOR MOTION:

 

Motion: Jacinta Monck                                           Seconded: Louise Middleton

 

That the Broome Shire declares the Shire of Broome frack free, in solidarity with the Yawuru Traditional Owner’s standpoint on No Fracking in Yawuru Country as stated in their 2014 Annual General Report.

 

MOTION CARRIED

 

FOR: 7

AGAINST: 6

 

Council Resolution:

(Report Recommendation 9)

Moved: Cr DM Male                                                Seconded: Cr H Tracey

 

That Council not support the Elector Motion noting that process of approvals for Hydraulic Fracturing rests with the State.

 

CARRIED 4/3

 

COMMENT

Essentially the petitioners are requesting Council to oppose hydraulic fracturing (fracking) until and/or unless it can be shown NOT to be a risk to human health, water quality and the environment as they:

·    do not accept the Environmental Protection Authority’s determination that the Buru proposal does not require assessment;

·    require proof that fracking is scientifically safe and for a proper regulatory regime to be in place.

These points are further discussed below.

 

The Environmental Protection Act 1986 (EP Act) establishes the Environmental Protection Authority (EPA) who is ultimately responsible to protect the environment; and to prevent, control and abate pollution and environmental harm within Western Australia. The EPA having a range of functions under the EP Act, as is stated in the petition the EPA is set up independent from government under section 8 of the EP Act.

 

The petition makes reference to a Buru proposal that was not assessed by the EPA in January 2014. This appears to relate to Buru’s TGS14 proposal. This proposal was referred to the EPA by Buru. The EPA made the decision not to formally assess the proposal under Part IV of the EP Act and instead provided the following public advice dated 14 Jan 2014:

http://www.epa.wa.gov.au/News/Publicadvice/Documents/s38%20Laurel_13-404315.pdf

The EPA has considered the proposal in accordance with the requirements of the Environmental Protection Act 1986and the Environmental Impact Assessment Administrative Procedures 2012. In making its decision on whether to assess the proposal, the EPA considered the values of the environment, the extent of likely impacts, policies, guidelines, procedures and standards against which a proposal can be assessed, and presence of other statutory decision making processes which regulate the mitigation of the potential effects on the environment (see Section 7 Significance Test, Administrative Procedures 2012).

As a result the EPA considers that this small scale, “proof of concept”, exploration drilling proposal is unlikely to have a significant effect on the environment. The EPA considers that the potential impacts associated with the proposal can be further evaluated, regulated and mitigated by the Department of Mines and Petroleum (DMP) and the Department of Water (DoW) to meet the EPA’s objectives for the environmental factors identified for the proposal.

(See Attachment 1 for full advice)

Therefore, whilst the EPA may decide to assess or not to assess a proposal when such a proposal is referred to the EPA (as provided for under section 38 of the EP Act), the Department of Mines and Petroleum (DMP) is ultimately responsible for the issuance or refusal of applications under the Petroleum and Geothermal Energy Resources Act 1967 (PGER Act). This means that the DMP is not only responsible for the processing of applications in relation to the PGER Act but also for the subsequent regulation of activities associated with the relevant approvals, in the same way as a local government is responsible for assessing and approving planning applications and ensuring compliance with the relevant planning legislation.

 

The approvals process for an operator to obtain the relevant approvals is outlined in the figure below. It should be noted that DMP is only responsible for the assessment of relevant plans required under different regulations supporting the PGER Act and that other agencies such as the Department of Water (DoW) is still responsible for consideration of applications under that agency’s relevant legislation.

 

 

As can be seen from the above the Environmental Plan becomes a vital document to ensure protection of the environment and to prevent, control and abate possible risks that may cause environmental harm or impact on human health. Division 3 of the PGER Environmental Regulations sets out the content of an Environmental Plan and also requires an Implementation Strategy to be included in the plan. DMP is responsible to ensure that all activities associated with an approved application is conducted in accordance with the Environmental Plan and the Implementation strategy and that ongoing monitoring is undertaken. This provides the effective regulatory regime and framework within which all activities will be monitored. It should be noted that DMP may require audits to be undertaken and for other decision making agencies to be involved in regulating these activities.

 

It is important to note that the PGER Act does not require DMP to refer the proposal to the local government before a permit, reservation, licence or lease is issued or any necessary operations or works are undertaken. Therefore the local government is not involved in the decision making process for these types of applications. However under section 17(1)(b) of the PGER Environmental Regulations an Environmental Plan must include a report on all consultations between the operator and relevant authorities and other relevant interested persons and organisations in the course of developing the environment plan;

 

DMP’s Guidelines for the Preparation and Submission of an Environment Plan http://www.dmp.wa.gov.au/documents/ENV-PEB-177.pdf provides the following flow-diagram with regards to the development and approval of an Environmental Plan as required under the Petroleum and Geothermal Energy Resources (Environmental) Regulations 2012 (PGER Environmental Regulations) section 6:

 

 

DMP’s Guidelines further sets out that preliminary consultation should be undertaken with all relevant stakeholders well in advance of commencing the preparation of an Environmental Plan and that consultation is important to adequately identify the regional and local values and sensitivities. The guidelines also expand on Regulation 15(11) of the PGER Environmental Regulations outlining that the Environmental Plan’s should provide for ongoing consultation arrangements.

 

Therefore whilst local government does not have a statutory role to play in the decision making process, local government is likely to be consulted as a relevant stakeholder throughout. In order to guide Council and the Shire with regards to these processes it is recommended that Council request the Chief Executive officer to prepare a policy in line with its previous resolution regarding this matter.

 

CONSULTATION/STAKEHOLDERS

Shire officers have consulted with the Department of Mines and Petroleum regarding the approvals process associated with hydraulic fracturing and environmental approvals.

 

FINANCIAL IMPLICATIONS

Should Council support the recommendation, the cost of advertising the policy will be borne within the current operational budget. It should be noted that this will potentially have an impact on officers’ workloads and may therefore compromise service delivery in other areas.

 

STATUTORY ENVIRONMENT

 

Environmental Protection Act 1986

The Environmental Protection Act 1986 (EP Act), provides as follows:

An Act to provide for an Environmental Protection Authority, for the prevention, control and abatement of pollution and environmental harm, for the conservation, preservation, protection, enhancement and management of the environment and for matters incidental to or connected with the foregoing.

Under the EP Act the objective of the Environmental Protection Authority (EPA) is:

(a) to protect the environment; and

(b) to prevent, control and abate pollution and environmental harm.

 

8.       Independence of Authority and Chairman

               Subject to this Act, neither —

                 (a)     the Authority; nor

                 (b)     the Chairman,

               shall be subject to the direction of the Minister.

 

The functions of the Authority are:

 

16.          Functions of Authority —

                 (a)     to conduct environmental impact assessments; and

               (aa)     to facilitate the implementation of bilateral agreements; and

                 (b)     to consider and initiate the means of protecting the environment and the means of preventing, controlling and abating pollution and environmental harm; and

                 (c)     to encourage and carry out studies, investigations and research into the problems of environmental protection and the prevention, control and abatement of pollution and environmental harm; and

                 (d)     to obtain the advice of persons having special knowledge, experience or responsibility in regard to environmental protection and the prevention, control and abatement of pollution and environmental harm; and

               (da)     to advise the Minister on the making or amendment of regulations when requested by the Minister to do so or on its own initiative; and

                 (e)     to advise the Minister on environmental matters generally and on any matter which he may refer to it for advice, including the environmental protection aspects of any proposal or scheme, and on the evaluation of information relating thereto; and

                   (f)     to prepare, and seek approval for, environmental protection policies; and

                 (g)     to promote environmental awareness within the community and to encourage understanding by the community of the environment; and

                  (h)     to receive representations on environmental matters from members of the public; and

                   (i)     to provide advice on environmental matters to members of the public; and

                   (j)     to publish reports on environmental matters generally; and

                  (k)     to publish for the benefit of planners, builders, engineers or other persons guidelines to assist them in undertaking their activities in such a manner as to minimise the effect on the environment of those activities or the results thereof; and

                   (l)     to keep under review the progress made in the attainment of the objects and purpose of this Act; and

                (m)     to coordinate all such activities, whether governmental or otherwise, as are necessary to protect, restore or improve the environment in the State; and

                  (n)     to establish and develop criteria for the assessment of the extent of environmental change, pollution and environmental harm; and

                 (o)     to specify standards and criteria, and the methods of sampling and testing to be used for any purpose; and

                 (p)     to promote, encourage, coordinate or carry out planning and projects in environmental management; and

                 (q)     generally, to perform such other functions as are prescribed.

 

38.     Referral of proposals to Authority

      (1)     Subject to subsections (2) and (5j), any person may refer a significant proposal to the Authority.

      (2)     In the case of a proposal under an assessed scheme, only the proponent can refer the proposal to the Authority under subsection (1).

      (3)     Subject to subsection (5j), the proponent of a strategic proposal may refer the proposal to the Authority.

      (4)     If it appears to the Minister that there is public concern about the likely effect of a proposal, if implemented, on the environment, the Minister may refer the proposal to the Authority.

      (5)     Subject to subsection (5j), as soon as a decision‑making authority has notice of a proposal that appears to it to be —

(a)       a significant proposal; or

(b)       a proposal of a prescribed class,

               the decision‑making authority is to refer the proposal to the Authority.

   (5a)     Subsection (5) does not apply if the proposal has been referred to the Authority under subsection (1) or (4).

   (5b)     In the case of a proposal under an assessed scheme, the application of subsection (5)(a) is subject to section 48I.

   (5c)     If the Authority considers that a proposal that is —

                 (a)     a significant proposal; or

                 (b)     a proposal of a prescribed class,

               has not been referred to it under subsection (1), (4) or (5), the Authority is to require the proponent or a decision‑making authority to refer the proposal to the Authority.

   (5d)     A requirement under subsection (5c) is to be in writing and is to specify the period within which it has to be complied with.

   (5e)     In the case of a proposal under an assessed scheme, the Authority can only require the referral of the proposal under subsection (5c) if it did not, when it assessed the assessed scheme under Division 3, have sufficient scientific or technical information to enable it to assess the environmental issues raised by the proposal.

    (5f)     A requirement under subsection (5c) has effect despite section 48I(2).

   (5g)     In subsections (5)(b) and (5c)(b), a reference to a proposal of a prescribed class includes a reference to a proposal of a prescribed class under an assessed scheme.

   (5h)     A proponent or decision‑making authority that has to refer a proposal to the Authority under a requirement under subsection (5c) is to do so within the period specified in the requirement.

     (5i)     A referral under this section is to be in writing.

     (5j)     Subject to section 46B(2), a proposal cannot be referred to the Authority under this section more than once unless assessment of it has been terminated under section 40A.

      (6)     Except when the responsibility for a proposal is imposed on a public authority under another written law, the Minister shall, after consulting the Authority, nominate by notice in writing served on —

                 (a)     the person concerned; and

                 (b)     the Authority; and

                 (c)     any relevant decision‑making authority,

               a person as being responsible for each proposal which is referred or required to be referred, or which ought to be referred, under this section and which the Authority considers should be assessed by it under this Part.

   (6a)     If the person nominated under subsection (6) ceases to have responsibility for a proposal, that person is to give the Authority written notice advising the name of the person to whom or which responsibility for the proposal will pass or has passed.

      (7)     The Minister may, if he considers that a nomination made under subsection (6) should be revoked and after consulting the Authority, by notice in writing served on —

                 (a)     the person to whom or which that nomination relates; and

                 (b)     the Authority; and

                 (c)     any relevant decision‑making authority,

               revoke that nomination and nominate another person under that subsection in respect of that proposal.

   (7a)     Subsections (6a) and (7) apply even if a report on the proposal has been published under section 44(3) but do not apply if the assessment of the proposal has been terminated under section 40A.

      (8)     For the purposes of subsections (6) and (7), a person who is an individual may be nominated as being responsible for a proposal by reference to his name or by reference to his being the person for the time being holding or acting in a particular office or position.

      (9)     For the purposes of subsections (6a) and (7) and section 3(2b), a person that has been notified under section 39A(3)(a) that the Authority is going to assess a proposal is to be regarded as having been nominated under subsection (6) as being responsible for the proposal whether or not such a nomination has been made.

[Section 38 amended by No. 23 of 1996 s. 18; No. 57 of 1997 s. 54(1); No. 54 of 2003 s. 6.]

 

Petroleum and Geothermal Energy Resources (Environmental) Regulations 2012

6.       Approved environment plan required for activity

               The operator of an activity commits an offence if —

                 (a)     the operator carries out the activity; and

                 (b)     there is no environment plan for the activity.

               Penalty: a fine of $10 000.

 

7.       Activity must comply with approved environment plan

      (1)     The operator of an activity commits an offence if the operator carries out the activity in a way that is contrary to —

                 (a)     the environment plan for the activity; or

                 (b)     any limitation or condition applying to the activity under regulation 11(4)(b).

               Penalty: a fine of $10 000.

      (2)     Subregulation (1) does not apply to the operator if the operator has the written consent of the Minister to carry out the activity in that way.

      (3)     The Minister must not give a consent under subregulation (2) unless there are reasonable grounds for believing that the way in which the activity is to be carried out will not result in —

                 (a)     the occurrence of any significant new environmental impact or environmental risk; or

                 (b)     the occurrence of a significant increase in any existing environmental impact or environmental risk.

 

Division 3 — Contents of environment plan

13.     Contents of environment plan

               An environment plan for an activity must include the matters set out in regulations 14, 15, 16 and 17.

 

14.     Environmental assessment

      (1)     The environment plan must include a comprehensive description of the activity including the following —

                 (a)     the location or locations of the activity;

                 (b)     details of the construction and layout of any facility;

                 (c)     a description of the operational details of the activity and proposed timetables;

                 (d)     any additional information relevant to consideration of the environmental impacts and environmental risks of the activity.

      (2)     The environment plan must —

                 (a)     describe the existing environment that may be affected by the activity; and

                 (b)     include details of the particular relevant values and sensitivities (if any) of that environment.

      (3)     The environment plan must include —

                 (a)     details of all environmental impacts and environmental risks of the activity; and

                 (b)     an evaluation of those impacts and risks; and

                 (c)     a description of the environmental risk assessment process used to evaluate those impacts and risks, including the terms used in that process to categorise the levels of seriousness of those impacts and risks.

      (4)     For the avoidance of doubt, the evaluation mentioned in subregulation (3)(b) must evaluate all the environmental impacts and environmental risks arising directly or indirectly from —

                 (a)     all aspects of the activity; and

                 (b)     potential emergency conditions, whether resulting from accident or any other cause.

      (5)     The environment plan must include —

                 (a)     environmental performance objectives that define the goals of the operator in relation to the —

                               (i)     processes, policies and practices to be followed; and

                              (ii)     equipment to be used; and

                             (iii)     actions to be taken,

                           for the purposes of minimising the environmental impacts and environmental risks of the activity; and

                 (b)     environmental performance standards —

                               (i)     that state the performance required of persons, equipment and procedures for the purposes of managing the environmental impacts and environmental risks of the activity; and

                              (ii)     against which the performance of the operator in meeting the environmental performance objectives in the environment plan can be measured;

                           and

                 (c)     measurement criteria for the purposes of determining whether —

                               (i)     the environmental performance objectives and environmental performance standards in the environment plan have been met; and

                              (ii)     the implementation strategy in the environment plan has been complied with.

      (6)     The environment plan must describe the requirements that —

                 (a)     apply to the activity under legislation (including conditions imposed under legislation), international conventions or agreements, or applicable codes of practice; and

                 (b)     are relevant to the environmental management of the activity.

 

15.     Implementation strategy for environment plan

      (1)     The environment plan must include an implementation strategy for the activity in accordance with this regulation.

      (2)     The implementation strategy must include measures to ensure that the environmental performance objectives and environmental performance standards in the environment plan are met.

      (3)     The implementation strategy must identify the specific systems, practices and procedures to be used to ensure that —

                 (a)     the environmental impacts and environmental risks of the activity are continuously reduced to as low as is reasonably practicable; and

                 (b)     the environmental performance objectives and environmental performance standards in the environment plan are met.

      (4)     The implementation strategy must establish a clear chain of command, setting out the roles and responsibilities of personnel in relation to the implementation, management and review of the environment plan.

      (5)     The implementation strategy must include measures to ensure that each employee or contractor working on, or in connection with, the activity is aware of his or her responsibilities in relation to the environment plan and has the appropriate competencies and training.

      (6)     The implementation strategy must provide for the monitoring of, audit of, management of non‑compliance with, and review of, the operator’s environmental performance and the implementation strategy.

      (7)     The implementation strategy must provide for —

                 (a)     specified emissions and discharges (whether occurring during normal operations or otherwise) to any land, air, marine, seabed, sub‑seabed, groundwater, sub‑surface or inland waters environment to be monitored and recorded in a way that —

                               (i)     is accurate; and

                              (ii)     can be audited against the environmental performance standards and measurement criteria in the environment plan;

                           and

                 (b)     the monitoring mentioned in paragraph (a) to be done either continuously or at specified intervals; and

                 (c)     tests to assess the performance of the monitoring equipment used for the purposes of paragraph (a) to be conducted at specified intervals.

      (8)     If the activity is a petroleum activity that may involve the injection or re‑injection of produced formation water into wells, the implementation strategy must specify the maximum permissible concentration of petroleum in that produced formation water.

      (9)     The implementation strategy must include details of any chemicals or other substances that may be —

                 (a)     in, or added to, any treatment fluids to be used for the purposes of drilling or hydraulic fracturing undertaken in the course of the activity; or

                 (b)     otherwise introduced into a well, reservoir or subsurface formation in the course of the activity.

    (10)     The implementation strategy must include an oil spill contingency plan that —

                 (a)     sets out details of the following —

                               (i)     preparations to be made for the possibility of an oil spill;

                              (ii)     emergency response arrangements to be implemented if an oil spill occurs;

                             (iii)     recovery arrangements to be implemented if an oil spill occurs;

                             (iv)     current oil spill trajectory modelling that applies to the activity;

                           and

                 (b)     requires the operator to conduct tests of the emergency response arrangements set out in the oil spill contingency plan at specified intervals; and

                 (c)     describes the tests mentioned in paragraph (b).

    (11)     The implementation strategy must provide for appropriate consultation with relevant authorities and other relevant interested persons or organisations.

 

17.     Other information in environment plan

      (1)     The environment plan must include the following —

                 (a)     a statement of the operator’s corporate environmental policy;

                 (b)     a report on all consultations between the operator and relevant authorities and other relevant interested persons and organisations in the course of developing the environment plan;

                 (c)     a list of all incidents that are classified as reportable incidents in relation to the activity.

                     

      (2)     The environment plan must classify an incident as a reportable incident if —

                 (a)     it could arise from the activity; and

                 (b)     it has the potential to cause an environmental impact that is classified, under the environmental risk assessment process described in the environment plan, as moderate or more serious than moderate.

 

POLICY IMPLICATIONS

 

It is recommended that Council requests the Chief Executive officer to develop a policy in that provides a guideline for Council and the Shire’s consultation with relevant parties in relation to mining, petroleum and geothermal energy resources activities. The policy should aim to ensure that local considerations are taken into account when preparing the Environmental Plan and Implementation Strategy so as to ensure the related activities are undertaken in a responsible manner having regard for local and regional values.

In this regard it is recommended that the policy provide support to the extraction of natural resources including mining and petroleum and geothermal energy resources where:

a.)     The applicant has consulted with the relevant people directly affected with regards to land use rights and or compensation.

b.)     The applicant / DMP has undertaken community consultation through community forums outlining what the potential impact on the specific area will be and any of the relevant considerations further outlined in this policy.

c.)     the applicant should outline any potential benefits to the local economy;

d.)     there are no detrimental impacts on the public health and drinking water areas (in this regard Council will accept the position of the Environmental Protection Authority, Department of Health, and/or the Department of Mines and Petroleum);

e.)     Environmental matters have been taken into account and best practice mitigation strategies adopted (in this regard Council will accept the position of the Environmental Protection Authority, Department of Water, and/or the Department of Mines and Petroleum);

f.)      Ensure that the impacts on Council Infrastructure are adequately compensated for in the immediate and future life of that asset and that the full costs are recovered for any additional infrastructure required.

 

REPORT RECOMMENDATION:

That Council notes the petition and requests the Chief Executive Officer to prepare a policy on mining, petroleum and geothermal energy resource extraction in line with Council’s previous resolution on the matter.

 

 

Attachments

Nil

 

8.         Matters for Which the Meeting May Be Closed

The Chief Executive Officer advises that there are matters for discussion on the agenda for which the meeting may be closed, in accordance with section 5.23(2) of the Local Government Act 1995.

Recommendation

That the following Agenda items be considered under 14. Matters Behind Closed Doors, in accordance with section 5.23(2) of the Local Government Act 1995, as specified:

9.1.2      HEADS OF TERMS- BROOME INTERNATIONAL AIRPORT DRAINAGE AGREEMENT

Item 9.1.2 and any attachments are confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)(c) as it contains “a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting”.

 

 

 


 

 

9.

REPORTS

OF

OFFICERS


 

9.1

Our People

 

_DSC2089

 

 

PRIORITY STATEMENT

 

Embracing our cultural diversity and the relationship between our unique heritage and people, we aim to work in partnership with the community to provide relevant, quality services and infrastructure that meet the needs and aspirations of our community and those visiting and doing business in our region.

 

Supporting and contributing to the well-being and safety of our community is paramount, as is our focus on community engagement and participation.

 

Council aims to build safe, strong and resilient communities with access to services, infrastructure and opportunities that will result in an increase in active civic participation, a reduction in anti-social behaviour and improved social cohesion.

 


Agenda – Ordinary Meeting of Council 26 March 2015                                                                                  Page 23 of 24

 

9.1.1      COMMUNITY SPONSORSHIP PROGRAM ANNUAL FUNDING ROUND

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Various as outlined in confidential attachment

FILE:                                                           FIS06

AUTHOR:                                                   Youth and Community Development Officer

CONTRIBUTOR/S:                                    Manager Community Development

RESPONSIBLE OFFICER:                          Deputy Chief Executive Officer

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    3 March 2015

 

SUMMARY:         This report presents to Council the Community Sponsorship Assessment Working Group’s recommendations for funding for the 2014/15 Community Sponsorship Program annual funding round.

It is proposed that Council allocates funds from the Shire’s Community Sponsorship Program account and the Energy Developments Ltd (EDL) West Kimberley Community Donation Reserve Account to the 2014/15 Community Sponsorship Program as recommended by the Community Sponsorship Assessment Working Group in accordance with the confidential attachment which will be distributed under separate cover.

 

BACKGROUND

 

Previous Considerations

 

OMC 14 February 2008                     Item 9.2.3

OMC 5 June 2008                              Item 9.2.1

OMC 26 August 2008                        Item 9.2.2

OMC 23 October 2008                     Item 9.2.2

OMC 2 September 2009                  Item 9.2.4

OMC 28 October 2010                     Item 9.2.12

OMC 27 October 2011                     Item 9.3.6

OMC 15 March 2012                         Item 9.1.1

OMC 6 September 2012                  Item 9.1.5

OMC 21 March 2013                         Item 9.1.2

OMC 15 August 2013                        Item 9.1.3

OMC 19 September 2013                Item 9.1.1

OMC 27 March 2014                         Item 9.1.1

 

The Community Sponsorship Assessment Working Group (CSAWG) is a formal working group established by Council to undertake assessment of community sponsorship applications and makes recommendations for funding to Council.  The members of this working group are Cr Chris Mitchell, Cr Mark Manado, Cr Desiree Male, Cr Harold Tracey and Cr Philomena Lewis.

The Shire’s Community Sponsorship Program (CSP) is available annually for community not-for-profit organisations to apply for funding that supports community projects and events.

The Community Sponsorship Program is consists of five funding categories as outlined in the table below:

 

 

Sponsorship Category

Timeframe

Annual allocation

Funded by

GL code

1

Shire of Broome annual community sponsorship

Annual

$40,000

Shire of Broome

22172

2

Energy Development Limited West Kimberley community donations

Annual

$80,000

Energy Developments Limited

22173

3

Shire of Broome ad hoc community sponsorship

Ad hoc

$5,000

Shire of Broome

22172

4

Shire of Broome venue hire sponsorship

Ad hoc

$5,000

Shire of Broome

22172

5

Broome North community building grants

Ad hoc

$5,000

Landcorp

22172

This report seeks Council’s consideration of the allocation of funds distributed through the annual funding round, as listed in rows 1 and 2 of the above table. Ad hoc funds are distributed throughout the year with delegated authority to the Chief Executive Officer to approve applications after consultation with the CSAWG.

The annual community sponsorship program is available once per year, with up to $10,000 available per application to a maximum of 50% of total project costs.

The CSAWG considers recommending projects where the applicant has satisfactorily addressed the community sponsorship guidelines and the applicant has received no more than $10,000 over the previous three (3) years of funding through the Shire’s CSP.

On 13 December 2011, the Shire of Broome signed a Memorandum of Understanding (MOU) with Energy Developments Limited (EDL) approved at the Ordinary Meeting of Council held on 29 September 2011, (Item 9.3.2). The MOU outlines an agreement whereby funding of $400,000 is allocated to the Shire of Broome. These funds are held in reserve to be distributed over a period of 15 years. Up to $80,000 is available per year for community driven projects that fit within the EDL guiding principles as determined by the Shire.

A reserve account was established as part of the 2013/14 budget process for any surplus funds from the Shire’s budgeted community sponsorship allocation. The current balance of this reserve following the 2014/15 funding round is $11,687 to be distributed at the discretion of Council upon recommendation from the working group.

 

COMMENT

Submissions for the 2014/15 annual funding round were received between 20 October 2014 and 30 January 2015. Officers held an information session in November 2014 which was attended by over 30 potential applicants.  A total number of 24 applications were received requesting a sum of $149,322 in funding from an available round of $120,000. 

The Community Sponsorship Assessment Working Group met on 24 March 2015.   Applications for the 2014/15 Community Sponsorship Annual Program and EDL West Kimberley Community Donations were assessed by the working group in line with the guidelines.  The Community Sponsorship Program Applications Assessment document (Confidential Attachment) will be distributed under separate cover following the meeting.

 

In 2012, Council also resolved to enter into three year Memorandum’s of Understanding (MOU’s) with the following community organisations for annual sponsorship:

-     Broome Aboriginal Media Association – Kimberley Girl              $4,000

-     Broome Aboriginal Media Association – NAIDOC Week            $10,000

-     Kullarri Patrol – annual operations                                                   $20,000

-     St Mary’s College – Taiji Cultural Exchange                                   $5,000

 

These MOU’s are due to expire in 2015 and were presented to the CSAWG for consideration along with three additional requests for longer term MOU’s from:

-     Broome Relay for Life

-     Kyle Andrews Foundation

-     Broome Over 50’s Senior Citizens Club

 

Given that several of the above projects meet the objectives of EDL’s guiding principles, Officers propose to seek feedback from EDL regarding the possibility of three year agreements. Officers will present a report to Council in April incorporating feedback from the CSAWG and EDL for Council’s consideration.

 

This report seeks Council’s endorsement of the recommendations of the CSAWG in the Confidential Attachment which will be distributed under separate cover.

                            

CONSULTATION

Applications and guidelines were available via the Shire of Broome website, in hard copy from the Shire’s Administration Office and by contacting the Youth and Community Development Officer.

The CSP was advertised on the Shire of Broome website, in the Shire News, through radio advertisements, and a direct marketing email campaign to the Shire’s community database.

A funding workshop was held in November 2014 with over 30 community representatives in attendance.

Input, feedback and recommendations were sought from Shire officers with a particular expertise relating to individual applications.  This information was presented to the CSAWG as part of the assessment summary pack.

 

STATUTORY ENVIRONMENT

 

Nil

 

POLICY IMPLICATIONS

Policy 5.1.5 Community Sponsorship Program

 

FINANCIAL IMPLICATIONS

As outlined in the Confidential Attachment.

STRATEGIC IMPLICATIONS   

 

Our People Goal – Foster a community environment that is accessible, affordable, inclusive, healthy and safe:

 

Effective communication

 

High level social capital that increases community capacity

 

Our Organisation Goal – Continually enhance the Shire’s organisational capacity to service the needs of a growing community:

 

Effective community engagement

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

For Council’s consideration.

 

Attachments

1.

Confidential Attachment (Under separate cover)

  


Agenda – Ordinary Meeting of Council 26 March 2015                                                                                  Page 27 of 28

This item and any attachments are confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)(c) as it contains “a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting”.

9.1.2      HEADS OF TERMS- BROOME INTERNATIONAL AIRPORT DRAINAGE AGREEMENT

LOCATION/ADDRESS:                            Lot 1648, Lot 9000, Reserves 18149, Reserve 38702, Reserve 50900 and Coghlan St Road Reserve

APPLICANT:                                              Nil

FILE:                                                           FRE-1/Lt1653, FRE-1/GEN-DRAIN, RES 18149, RES 38702

AUTHOR:                                                   Director of Engineering Services

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director of Engineering Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    9 March 2015

 

SUMMARY:         Negotiations have been progressed with Pearl Coast Properties regarding the formalisation of the Heads of Terms Agreement which will resolve all outstanding drainage and land tenure issues at Broome International Airport.  The Heads of Terms for the Broome International Airport Drainage Agreement is presented to Council for endorsement.

Attachments

1.

Original Drainage Licence (Confidential to Councillors and Directors Only)

This attachment is confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)(c) as it contains “a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting”.

2.

KBR Drainage Design (Confidential to Councillors and Directors Only)

This attachment is confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)(c) as it contains “a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting”.

3.

Drainage Licence & Encroachment Plans (Confidential to Councillors and Directors Only)

This attachment is confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)(c) as it contains “a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting”.

4.

Heads of Terms- Broome International Aiport Agreement - Confidential (Confidential to Councillors and Directors Only)

This attachment is confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)(c) as it contains “a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting”.

5.

Heads of Terms- Broome International Airport Agreement Drawings- Confidential (Confidential to Councillors and Directors Only)

This attachment is confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)(c) as it contains “a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting”.

6.

Broome International Airport Drainage Study (Confidential to Councillors and Directors Only)

This attachment is confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)(c) as it contains “a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting”.

   


 

9.2

Our Place

 

cablebeach

 

 

PRIORITY STATEMENT

 

The Shire of Broome has an abundance of unique natural features, coastal attractions, significant streetscapes, historic precincts and a mix of old and new urban developments.

 

Our aim is for all communities and settled areas, including the Broom Township, to be a place where the natural environment, on which life depends, is maintained, whilst at the same time the built environment contributes to the economy and a quality lifestyle for all.

 

Preserving the Shire’s natural environment is a critical community outcome. Council will put into place strategies that nurture and improve the Shire’s unique environment and biodiversity.

 

The Shire will work in partnership with the community and other agencies to ensure responsible and accountable management of both the natural and build environments is achieved in the short term and for future generations.


Agenda – Ordinary Meeting of Council 26 March 2015                                                                                  Page 30 of 31

 

9.2.1      PROPOSED SIGNAGE LOT 61 FREDERICK STREET

LOCATION/ADDRESS:                            LOT 61 (NO.36) FREDERICK STREET, BROOME

APPLICANT:                                              AUSTRALIAN FITNESS MANAGEMENT PTY LTD

FILE:                                                           FRE-1/36

AUTHOR:                                                   Planning Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director of Development Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    16 March 2015

 

SUMMARY:         An application to install 28sqm ofwall’ signage in association with a ‘Recreation – Private’ (Gym) land-use was submitted by Australian Fitness Management Pty Ltd 6 January 2015. The signage is intended to serve both an advertising and privacy screening purpose for the activity which is to be operated on a 24hr basis within an existing tenancy on-site.

The application is referred to Council as the applicant is seeking a variation to the Shire’s Signs Local Planning Policy 8.17 - Signs (LPP 8.17).

This report recommends that the signage as proposed be approved subject to conditions.

BACKGROUND

 

Previous Considerations

 

OMC 15 March 2007 Item 9.3.2

 

Site and Surrounds

 

The subject site (2000.098sqm) is located within the ‘Town Centre’ zone and is positioned on the northern side of Frederick Street.  Development on the lot consists of a 500sqm commercial building comprising four separate tenancies, hardstand car parking bays and landscaping.   The site as a whole enjoys vehicle access via a cross-over onto Frederick Street.

 

The site has had various approvals issued over time, include applications for signage, and is approved to be used for a mix of office and retail land uses.

 

Description of the Proposal

 

The application proposes the installation of 28sqm of ‘wall’ type signage as defined under the Shire’s LPP 8.17. Specifically, of the total 28sqm of signage proposed:

 

-    12sqm will be installed upon the ‘fascia’ below the roof-line fronting Frederick Street; and

-    16.5sqm of signage (to serve both an advertising and privacy screening purpose) is to be installed upon the front windows and entry doors of the Frederick Street elevation.

- The signage, when placed on the front wall elevation, will be setback approximately 30 meters from Frederick Street.

 

The signage has been described by the applicant as a type of print, which when installed on the windows will present a glazing effect to allow for external light to enter the premises during the day, whilst also providing screening of activity within the gym when operating at night. 

 

In total three signs are proposed, the front entry sign, the fascia sign and front window sign and in total will accommodate approximately 24% of the wall area of the tenancy.

 

Full elevations of the sign can be viewed in Attachment No 1.

 

Local Planning Scheme No.6

 

The proposed ‘Recreation – Private’ land-use is defined under Schedule 1 of the Scheme as ‘premises used for indoor or outdoor leisure, recreation or sport which are not usually open to the public without charge’. As contained in the zoning table, a ‘Recreation – Private’ land-use is a ‘P’ or ‘permitted’ use within the ‘Town Centre’ zone, and accordingly, planning approval for the proposed land use is not required.

 

Local Planning Policy 8.17 - Signs

 

LPP 8.17 defines a ‘wall’ sign as a sign attached to or painted on a wall. Under LPP 8.17 a wall sign may occupy a maximum area of 20% of the wall to which it is attached or 4sqm, whichever is the lesser.

 

A maximum of four signs may be considered for any one property, to be installed within the property boundary.

 

The application is seeking the following variations to LPP 8.17:

 

-     Installation of a wall signs of 28sqm instead of 4sqm.

 

COMMENT

 

The current application proposes to install signage and screening with a surface area of 28sqm. With regards to the wall sign, the proposal in its current form will cover a total of fifteen window and door panels. It could however be argued that only the panels that includes the Plus fitness 24/7 logo are considered signs for the purpose of the policy and that the other panels are only covered to ensure privacy screening is provided for gym users on the inside.

 

If this argument is accepted it means that the wall signs will be compliant with the policy and that only the fascia sign will exceed the maximum size provided for under LPP 8.17. As set out under Clause 2.3.2 of the Scheme, consideration may be given to an application that seeks to vary the requirements of a Local Planning Policy, on the basis that it can be demonstrated that such a variation will not be contrary to the overarching objectives of the policy.

 

With reference to the objectives of LPP 8.17 set out in Policy Implications below, the signage as proposed:

 

-      will be sited, designed and of a general appearance that is not expected to detract from visual amenity and character. Due to the 30 metre setback of the subject wall and fascia from Frederick Street, and the presence of adjoining development to the east (an existing building is positioned approximately 16m forward of the subject wall);  the signage will be both set back and effectively screened so as to limit impacts upon streetscape amenity.

 

-      signage on the site in relation to the proposed land-use will be limited to the wall signage as detailed in the application, and therefore is not deemed to result in the proliferation of signs.

 

-      the scale, colour, and quality of the signage is not considered likely to present visual amenity impacts, particularly given the setback of the signage from the street and the screening to be afforded via existing, adjoining development to the east.   

 

Further LPP 8.17 has a number of performance criteria which the application could be assessed against as set out below:

 

Performance Criteria

 

Size - Is in keeping/scale with the development or site on which it is proposed:

 

-        Though more than 4sqm of signage is proposed in total, it is believed the window and front entry signage (comprising 16sqm including privacy screening) will be effectively screened from the street by shading and its position beneath the awning of the building.

-        The window and front entry signage may also be justified with reference to the privacy screening role it will serve. 

-        The fascia sign, comprising 12sqm, will effectively be the primary sign visible from the street and this sign, though larger, will be in keeping with existing signs on-site with respect placement on the fascia and the dimensions of the design (1.0m height).  

 

Colour and shape - is complementary to the development and surrounding landscape.

 

-        The shape of the proposed fascia sign is considered consistent with, and complementary to, the existing fascia signs on the commercial building on-site. The proposed window and front entry signage will be integrated into the building design whilst also providing privacy for patrons.

-        There are no concerns with respect the proposed colouring of the sign insofar as it is not expected the colours will impact adversely upon amenity. The proposed colours may be considered to offer vibrancy to the existing built-form and prevailing streetscape without being so bold as to be detrimental.

 

Number - There is not an excess of signage that detrimentally impacts on visual amenity.

 

-        The policy allows for up to four signs per premises in total. This would mean that the wall signs together with the fascia sign might be considered to exceed the maximum number provided for under the policy, however considering the nature of the signs and the size it is recommended that the additional signs be approved.

 

Location - The location is sympathetic to the existing landscape /streetscape &

 

Design - The scale and form of the sign complements the building /development and does not obstruct key architectural features.

 

-        The signage will be effectively integrated into the building design with 16sqm of signage to be installed upon the wall and windows beneath the awning of the building, which should ensure shading and screening of the signage from the street.

-        The proposed design and placement of the fascia sign will be sympathetic to the placement and shape of existing signs on the fascia of the building.   

-        The signage as proposed will not obstruct any architectural features of the building, and will utilise the shading afforded by the awning design to effectively screen the signage from the street.

 

The sign is affixed in a way that causes no damage to the building and can be removed without leaving evidence of having been affixed.

 

-        The proposed window and front entry door signage will be affixed in a way that will not cause damage to the building and can be removed without evidence of having been affixed. The proposed fascia sign will be affixed in a similar style to existing fascia signs on-site and should not cause damage to the building.

 

Overall it is considered that the performance criteria is satisfied for the following reasons:

 

-     the signage will be of a scale that is proportionate to the street elevation of the commercial building on-site and is not considered likely to present adverse amenity impacts;

-     the design and colour of the signage is complementary to the development and surrounding landscape;

-     the location of the signage is sympathetic to the existing streetscape and compliments the development without obstructing any architectural features; and

-     the building is not listed on the register of heritage places or on the Shire’s Municipal Inventory.

 

It is noted that recent Council approval of signage for Mitre 10 at No.4 Short Street, (26 February Ordinary Meeting of Council), involved consideration for mitigation of impacts upon streetscape as it was demonstrated that the proposed signage would be setback appropriately from the street. Similarly, the current application has demonstrated that the potential impact on streetscape amenity will be mitigated via the setback of the sign some 30m from the street, with additional screening to be afforded via building design.

 

The application has been shown to be supportable with consideration for relevant matters under the Scheme and LPP 8.17 as set out above.

 

Accordingly, the application is recommended for approval.

 

CONSULTATION

 

n/a

 

STATUTORY ENVIRONMENT

 

 

POLICY IMPLICATIONS

 

Local Planning Policy 8.17

 

1.           Coordinate and control signage within the Shire of Broome;

 

2.           Ensure that the siting, design and general appearance of advertising does not

              detract from the visual amenity and character of the Shire;

 

3.           To avoid a proliferation of signs on individual sites and buildings;

 

4.           To ensure the architectural style of the building is considered in the design and

              placement of an advertising sign;

 

5.           Ensure that the scale and colour of the sign is appropriate to the size of the

              building;

 

6.           To improve the quality of advertising signs and their overall visual impact;

 

7.           Define which signs are exempt from the requirements to obtain planning

              approval.

 

I N T ERPRETATIONS

 

The following definitions relate directly to the application of this Policy

 

“Wall” - is the vertical external face of a constructed building comprising solid building material and includes any openings (windows/doors) but does not include a fence. A building may consist of several walls each wall being defined by a clear edge at which the angle of alignment of the adjoining wall changes.

 

POL ICY STATEMENT

 

Sign Definitions:

         

“Wall Sign”- is a sign attached to or painted on wall. The following provisions apply:

Maximum area of 20% of the wall to which it is attached to or 4 sqm, whichever is the lesser.

 

FINANCIAL IMPLICATIONS

 

N/A

 

STRATEGIC IMPLICATIONS   

 

Our People Goal – Foster a community environment that is accessible, affordable, inclusive, healthy and safe:

 

Participation in recreational activity

 

Our Place Goal – Help to protect the nature and built environment and cultural heritage of Broome whilst recognising the unique sense of the place:

 

A built environment that reflects arid tropical climate design principles and historical built form

 

A preserved, unique and significant historical and cultural heritage of Broome

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council approves application for Planning Approval for Wall Signage at Lot 61 (No.36) Frederick Street, Broome, subject to the following conditions:

 

1)   Development must be carried out in accordance with the plans stamped received and dated 6 January 2015 submitted with the application as approved by Council.

 

Attachments

1.

Plans - Application for Signage Lot 61 Frederick Street

  


Item 9.2.1 - PROPOSED SIGNAGE LOT 61 FREDERICK STREET

Plans - Application for Signage Lot 61 Frederick Street

 

 


 


 


 


 


Agenda – Ordinary Meeting of Council 26 March 2015                                                                                  Page 41 of 42

 

9.2.2      PROPOSED LOCAL PLANNING POLICY - STRUCTURE PLAN AND SUBDIVISON STANDARDS

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           PLA08

AUTHOR:                                                   Senior Planning Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director of Development Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    10 March 2015

 

SUMMARY:         This report recommends that Council adopts a draft Local Planning Policy – Structure Plan and Subdivision Standards, for the purpose of public advertising. The draft Local Planning Policy will establish a framework for the preparation and assessment of structure plans and applications for subdivisions within the Shire of Broome. The Policy outlines variations to state planning documents specific to local Broome conditions.

This report further recommends that an extended stakeholder engagement period be undertaken, in accordance with the proposed Community Engagement Plan.

 

BACKGROUND

 

Previous Considerations

 

Nil

 

Background

 

Structure Plans (previously termed Development Plans under Town Planning Scheme No 4) provide a framework for the coordinated provision and arrangement of future land use, subdivision and development in proposed new urban areas, or in existing urban areas where carefully coordinated redevelopment is necessary. Structure Plans are required to be prepared to guide the subdivision and development of land zoned ‘Development’ and the specific requirements for the preparation, assessment and operation of Structure Plans are contained in Clause 5.24 – 5.30 of Local Planning Scheme No 6 (LPS6).

 

In 2007 the Western Australian Planning Commission (WAPC) adopted Liveable Neighbourhoods (LN) which is the principal operational policy for the design and assessment of structure plans and subdivisions for new urban areas, on greenfield and large urban infill sites. LN replaces issues-based policies with an integrated planning and assessment policy for the preparation of structure plans and subdivision layouts across Western Australia.

 

LN provides objectives and requirements that must be addressed on eight planning elements, consisting of the following:

 

-     Element 1 – Community Design;

-     Element 2 – Movement Network;

-     Element 3 – Lot Layout;

-     Element 4 – Public Parkland;

-     Element 5 – Urban Water Management;

-     Element 6 – Utilities;

-     Element 7 – Activity Centres and Employment; and

-     Element 8 – Schools.

 

Further in August 2012 the WAPC released Structure Plan Preparation Guidelines (the WAPC Guidelines) with the objectives of standardising the scope, format and content of structure plans, defining the statutory and non-statutory elements of structure plans, detailing information requirements and encouraging pre-lodgement consultation. The WAPC (who are also a determining body in the Structure Plan process) require that all Structure Plans are prepared in accordance with the Guidelines across Western Australia. 

 

While these documents have improved the Structure Planning process in Western Australia, the assessment of previous Structure Plans submitted to the Shire have highlighted the need to develop a Policy which establishes matters that must be addressed differently to reflect Broome’s unique environment, culture and character. The proposed draft Local Planning Policy was therefore prepared to clearly set out specific matters which need to be addressed in the Structure Planning process in Broome, particularly for the following planning elements:

 

·    The critical role stormwater has on urban design;

·    Public Open Space distribution and allocation;

·    Roads (orientation, reservation and pavement widths);

·    Designing for climate (breeze movements and orientation of lots); and

·    Incorporating cultural elements into urban design.

 

The LPP aims to achieve the following strategies and actions identified within the Corporate Business Plan 2013/2017 (applicable at that time):

 

          Encourage building design that is climatically responsive, energy efficient and           appropriate for the Broome lifestyle.

 

          Promote water sensitive urban design.

 

          Partner with regional and state agencies to prepare regional variations to the Residential Design Codes [Liveable Neighbourhoods] that recognise Broome’s arid       tropical climate and development costs.

 

COMMENT

Structure Plans play a significant role in shaping future communities, it is therefore critical that the Shire has suitable guidance to ensure appropriate development outcomes are achieved. The principal objective of the proposed Local Planning Policy – Structure Plan and Subdivision Standards (the draft LPP) is to outline variations to state planning documents specific to local Broome conditions. As LN is the key operational policy setting out planning elements to be addressed in Structure Plans, the draft LPP has been structured consistent with the design elements contained in LN.

 

The draft LPP also sets out specific information that must be submitted in Structure Plans above that required in the WAPC Guidelines. This has been included to ensure that appropriate information is submitted to enable assessment of Structure Plans. The adoption of the draft LPP would also provide assistance to consultants engaged to prepare Structure Plans who may not be familiar with Broome’s unique characteristics. This is achieved through the inclusion of text boxes within the draft LPP which details background information and context to provide an understanding on the planning approach adopted in the Policy.

 

The draft Policy has been informed through stakeholder workshops held in 2013, where the key stakeholder contributed views on various planning elements. At this time Urbis were engaged to prepare draft guidelines, which have since been refined by Shire staff into this draft LPP. The section below outlines the key components of the Policy:

 

·    Section 1 – Application, General Provisions and Format of the Policy

 

The section establishes where the draft LPP will apply, sets out that Structure Plans are to be prepared consistent with the WAPC Guidelines and LN (except where varied by the Policy) and details the format of the Policy.

 

This section outlines the additional information sought to be included in Structure Plans above that required in the WAPC Guidelines. The LPP has been drafted to require these additional planning matters to be shown to ensure they can be appropriately assessed at the Structure Plan stage and also to provide adequate direction to subsequent subdivision applications. In summary these include:

 

-     Position, orientation of all roads due to the stormwater function they perform and to allow assessment of the urban form and whether adequate breeze movements would be delivered;

-     Indicative lot orientation to assess ability for future house construction to achieve optimal solar orientation outcomes.

-     Size and distribution of all forms of Public Open Space (POS) to ensure appropriate integration with residential areas.

 

The inclusion of these elements into a Structure Plan will not increase the amount of work to be undertaken at this stage of the planning process. This is because these elements would already have to be known for a proponent to be in a position to prepare the technical appendices (i.e.  the location and design of the roads are required to calculate stormwater details in a Local Water Management Strategy, the number of lots are required to calculate traffic volumes to prepare the Traffic and Transport Management Strategy, etc).  Further the identification of these elements would assist to provide clearer direction to the subsequent subdivision applications, streamlining this stage of the planning process.

 

The headings below provide a description of the additional information sought:

 

Structure Plan Map

 

Draft clause 1.4 of the Policy requires that the Structure Plan map includes additional planning matters. The Structure Plan map forms part of the statutory section of the Structure Plan and is one of the critical operational components of a Structure Plan. These additional planning matters are shown below together with the reasoning for why it should be shown:

 

(i)    The location and orientation of all streets, including local access streets;

 

The WAPC Guidelines only require the primary distributor, integrator arterials and key neighbourhood connectors be shown on the Structure Plan map. While this may be appropriate in some metropolitan settings, the location and orientation of local access street must be established and assessed at the Structure Plan stage to ensure climate responsive design is delivered.

 

The table below shows the level of detail that would be included on a Structure Plan Map prepared consistent with the WAPC Guidelines in comparison to the level of detail included on LDP3. This highlights the lower level of detail of the Structure Plan map if the local access streets are not included.

 

Example of Structure Plan Map prepared consistent with the WAPC Guidelines

Example of Structure Plan Map adopted by the Shire of Broome – LDP3

 

(ii)   The location of all POS areas;

 

The WAPC Guidelines only require regional and district level POS or POS areas that perform critical secondary functions such as drainage, conservation or ecological linkages be shown on the Structure Plan map. This is considered an inadequate level of detail for a Structure Plan and would result in all local and neighbourhood parks not being shown as such on the principal statutory plan.  It is therefore recommended that the Policy requires that the location of all POS areas is shown on the Structure Plan map.

 

Part Two

 

Part two is the non-statutory (explanatory) component of the Structure Plan that contains an explanation of the Structure Plan, including the methodology, relevance and compliance with the state and local planning frameworks. It also contains all supporting plans and maps. It is proposed that the Policy requires the following additional information to be included under Part Two:

 

(i)      An indicative subdivision layout showing the road network, proposed lot orientation, public open space, land use/density and other relevant information consistent with Part 1 Structure Plan Map and associated statutory provisions.

 

Given the relevance that lot orientation can have on delivering climate responsive development, it is requested that an indicative subdivision layout be incorporated into the Structure Plan. Inclusion of such a plan will give a greater understanding on whether the specific planning elements within Section 2 of the draft Local Planning Policy can be achieved in the delivery of the Structure Plan.

 

(ii)      A summary of any of the supplementary technical appendices including their associated recommendations/findings and how those recommendations/findings have been reflected in Part 1 of the Structure Plan, or will otherwise be addressed. 

 

Structure Plans are often supported by a series of technical appendices (including Local Water Management Strategies, environmental assessment and management strategies and so on). To assist with the interpretation of the findings, and also to ensure that the recommendations and findings are incorporated into the Structure Plan, it is recommended this form a requirement of Part 2.

 

·    Section 2 – Liveable Neighbourhoods - Variations and Additions

 

This section of the Policy will set out variations to Liveable Neighbourhoods or will establish additional planning matters to be addressed to ensure that subdivision and development is planned and designed to meet local conditions. Also, as set out above, this section incorporates text boxes with explanatory text to provide background and context to the Policy provisions and to give a greater understanding of local Broome characteristics.

 

This section is structured consistent with the elements and headings under LN and will either ‘amend’ or provide ‘additional provisions’ to the specific requirements in this document. The Policy will seek to provide direction on the following elements:

 

-     Movement network, particularly street widths and road pavement widths;

-     Lot layout;

-     Public parkland, particularly the size and distribution of POS, the amount of land to be ceded as POS and development standards for POS areas;

-     Urban water Management.

 

The justification for each of these aspects is set out below:

 

Movement network

 

Street design and layout in Broome is important as it has an influence on character that is delivered in urban areas. Broome’s existing urban areas are characterised by wider road reserve and road pavement widths. Not only do these features impact upon the character of urban areas they also facilitate stormwater management, the movement of breezes and allow for the establishment of landscaping and informal parking.

 

Element 2 of LN provides the direction on the design of movement networks. LN establishes a series of tables and cross-sections for different road types which provide indicative street reserve and road pavement widths. The draft LPP seeks to amend portions of Table 4 to provide minimum widths (as opposed to indicative) and will also provide updated cross-sections to clarify these changes.

 

The key difference between the draft Policy provisions and LN are:

 

-     Local access streets are to have a minimum of 18m road reserve width (as opposed to 14.2) and minimum road pavement of 6m (as opposed to 5.5 – 6m).

-     Design standards have been included for local access streets adjacent to POS areas. A road type for this is not provided in LN and the policy allows for a reduced reservation width (due to it being next to POS) and reduced road pavement (5.5m) with a requirement for embayed parking (2.5m).

-     Major Access Street (standard) are to have a minimum of 20m wide road reserve (LN allows for 18m) with minimum 7.4m wide road pavement (LN allows 7.2m).

 

These changes will be consistent with the road reservation widths and road pavements adopted by Council for Broome North.

 

As set out above, the slight increase in road reservation widths would ensure that the open character experienced in existing urban areas in Broome is maintained and also would assist in delivering climate responsive design through facilitating breeze movements. The increased road pavement width of 7.4m (a 0.2m increase to that in LN) is recommended to accommodate future bus movements through urban areas and also to facilitate the use of the road pavement for the parking of vehicles. A minimum of 6m pavement width is recommended for local access street (LN allows for as low as 5.5m with the agreement of the local government) because a 5.5m wide pavement is too narrow, would impact upon character and the ability of roads to accommodate stormwater.

 

Lot layout

 

LN provides detailed specifications and guidance for lots south of latitude 26, however it only provides the following direction for lots north of latitude 26:    

 

          for subdivisions north of latitude 26, lots should be shaped and orientated to enable the dwellings built on them to take advantage of micro-climate benefits, particularly     cooling breezes, shading and canopy protection.

 

The draft LPP seeks to provide additional direction to inform the layout and orientation of lots. Inclusion of the provisions is proposed to ensure that the overall orientation and lot size facilitates movement of breezes throughout urban areas and also achieves shading principles to deliver climate responsive development.

 

Public Parkland

 

Element 4 of LN provides controls on POS and has a number of requirements which must be addressed which in summary include the following:

 

·    Amount of public open space (being 10% of gross subdivisible area and the proportion of which can be restrictive or unrestrictive open space);

·    The different hierarchy of public parkland which includes:

-     Regional Open Space;

-     Foreshore Reserves;

-     Local Parks;

-     Neighbourhood Parks; and

-     District Parks.

·    Requirements for frontage and surveillance of public parkland;

·    Integrating stormwater and public parkland;

·    Development of POS.

 

In essence, LN provides direction on the amount of land to be ceded as POS and the distribution of types of POS throughout an urban area. LN establishes that it is the developer’s responsibility to develop the open space areas, however does not provide direction on what levels of service/facilities are to be included in the POS.

 

LN also has a provision which provides a regional variation to POS and sets out that, subject to the support of the local government, the WAPC may accept a POS contribution of minimum of 5% providing:

 

·    The POS is developed to a minimum standard;

·    Adequate areas are provided elsewhere for drainage and flooding, particularly overland flow; and

·    The POS area ceded does not include any restricted use open space.

 

The draft Local Planning Policy will seek to apply the regional variation mentioned above and also vary the following requirements in LN:

 

·    Vary the size of different hierarchy of public parkland types and remove the requirement that the different types of POS are to have overlapping catchments; and

·    Include provisions which establish what facilities/services are to be included in the different types of POS areas;

 

These changes would deliver larger more usable portions of POS, will ensure adequate distribution of parkland and would balance ongoing maintenance implications. The application of the regional variation within LN would result in adequate land being ceded and would also ensure that when POS areas are ceded they are off-line from the drainage network.

 

The rational and intention of each of the changes is set out below.

 

Size and Distribution of POS

 

The impact of applying the type and distribution of POS promoted in LN has resulted in a large number of small pocket parks that have limited practical use for passive or informal forms of recreation. Although the model generally improves accessibility to residences, it can be at the expense of larger more flexible spaces. As has been experienced in Broome North LDP1 this model of distribution of POS areas has resulted in an increase in maintenance costs to the Shire of Broome.

 

The draft LPP seeks to vary the provision of LN as shown the table below:

 

Liveable Neighbourhoods

Shire of Broome LPP

Size

Distribution

Size

Distribution

Local

Up to 3,000 m2

150 - 300m

5,000m2 – 1ha

300m

Neighbourhood

3,000 – 5,000 m2

400m walking distance and serving 600 – 800 dwellings

1ha – 3.0ha

Serving 600 – 800 dwellings

District

2.5ha – 7ha

600m to 1km serving 3 neighbourhoods

3.0ha +

In accordance with DDP, LP Strategy or Recreation Strategy

 

It is proposed to increase the size of the different types of parks so the POS areas created are capable of accommodating informal active recreational pursuits. This would also reduce maintenance costs to the Shire of Broome through reduced mobilisation of plant and equipment and would also deliver efficiencies as larger spaces would require less man-hours to maintain then smaller dispersed spaces. Also, through the adoption of the regional variation to the amount of POS to be contributed, each of the abovementioned parks would be off-line from the drainage network. This would deliver spaces capable of being used at all times, spaces that would be relatively flat and would overcome issues where lawn areas are impacted by ponding of water and silt dropout.

 

LN also promotes that the distribution or ‘catchments’ for each of the types of POS overlap. The Policy proposes a variation to this and seeks that where Neighbourhood Open Space is provided Local Open Space is not required to be provided within a 400m walkable distance. Also the catchment size proposed for Local Parks is proposed to be 300m as opposed to LN which establishes a range of 150m – 300m.

 

It must be noted that the above changes will not increase the amount of land required to be ceded for POS, the provisions would adjust how POS distributed throughout an urban area. 

 

Overall the different approach to LN is considered to deliver an appropriate distribution of POS, create spaces which are usable and reduce maintenance implications to the Shire of Broome. The proposed changes to the distribution of POS network would result in distribution of parks in line with the recently adopted LDP3.

 

          Amount of land to be ceded as POS

 

As set out above, LN requires that 10% of the gross subdivisible area be ceded as POS. Of the 10% POS contribution, up to one-fifth of the portion of land can be restrictive use open space. Restrictive use open space under LN includes land which is used for urban water management measures where the area is subject to inundation more frequently than a one year average recurrence interval and areas required to accommodate up to a five year ARI event.

 

Requirement R34 allows for a regional variation to the amount of land to be ceded and states the following:

 

Subject to the support of the local government the WAPC may accept a public open space contribution to a minimum of five per cent of the gross subdivisible area providing:

 

·    the public open space is designed, developed and located for the widest possible use of the community, including meeting, recreation, leisure, entertainment;

·    the public open space is developed to a minimum standard including full earthworks, basic reticulation, grassing of key areas, pathways that form park of the overall pedestrian and/or cycle network and maintenance for two summers, in accordance with a landscaping plan approved by the local government;

·    adequate areas are provided elsewhere for drainage and flooding, particularly overland flow;

·    public open space is readily available in the community that can be used at all hours of the day or night; and

·    does not include any restricted use public open space.

 

The Policy proposes that the Shire of Broome adopts this regional variation so that developers are required to contribute 5% of the gross subdivisible area, as opposed to 10% (note that this is only applicable where district open space does not form a part of the Structure Plan area). When this regional variation is applied, in-lieu of the additional land area that ordinarily would have had to be ceded it is proposed that a 2% cash-in-lieu contribution is paid to the Shire.  These funds can then be utilised for the improvement or development of lands for parks and recreation to ensure that residential amenity can be maintained and district level facilities are provided for.

 

While a reduction in the amount of land to be contributed as POS may appear as though the community would be underserviced with open space, this is not considered the case when applied, particularly when larger more adaptable public open spaces are being created. The table below provide an example of how the Policy would have been applied to LDP1.

 

Liveable Neighbourhoods

Shire of Broome LPP

Site Area

125.3ha

Site Area

125.3ha

Deductions

- Primary School

- Local Centre

- Light and Service Industry

- ECC

- Drainage Reserve

 

4.50ha

1.43ha

16.83ha

25.34ha

10.58ha

(58.68ha)

Deductions

- Primary School

- Local Centre

- Light and Service Industry

- ECC

- Drainage Reserve

 

4.50ha

1.43ha

16.83ha

25.34ha

11.23ha

(59.33ha)

Gross Subdivisible Area

66.62ha

Gross Subdivisible Area

65.97ha

Public Open Space @ 10%

6.66ha

Public Open Space @ 5%

3.3ha

May comprise:

- minimum 80% unrestricted open space

- maximum 20% restricted use open space

 

5.33ha

1.33ha

N/A

 

 

Unrestricted Open Space:

- Local park 1

- Local park 2

- Local park 3

- Local Park – civic

- Neighbourhood park 1

- Neighbourhood park 2

- Neighbourhood park 3

- Neighbourhood park 4

- Multiple use corridor 1

- Multiple use corridor 2

 

 

0.06ha

0.21ha

0.32ha

0.16ha

0.97ha

0.50ha

0.51ha

0.45ha

1.94ha

1.04ha

(6.169ha)

Unrestricted Open Space:

- Local park 1

- Local park 2

- Local park 3

- Local park 4

- Neighbourhood park 1

 

 

0.65ha

0.51ha

0.60ha

0.54ha

1.00ha

(3.3ha)

 

 

Restricted Open Space:

- Multiple use corridor (drainage)

 

 

0.65ha

 

N/A

 

 

Public Open Space Provision

6.81ha

Public Open Space Provision

3.3ha

Total amount of land ceded as POS and drainage

17.39

 

14.53

 

The below figure shows the distribution of parks in LDP1, through implementing the proposed Policy provisions the parks shown as Local Park 1, 3 and CP would be removed. While these parks may deliver an improved level of amenity to the immediate adjoining landowners, these parks are small, are high maintenance and are not effective in size to allow for informal active recreation. The four parks shown in the Figure below as Neighbourhood Parks (these would become Local Parks with the exception of NP1) would remain, albeit they would be slightly larger in size. MUC1 and MUC2 would not be required to be ceded and the park shown as LP2 would remain and be made larger in size.

 

 

Figure: Park distribution in LDP1 – Broome North.

 

Further, the Policy provisions set out that any areas to be used for drainage are to be developed consistent with the ‘Multiple Use Corridor’ typology, which would see these areas providing linear connections to the wider POS areas thus acting as green links and linear passive recreation lines between parks.

 

Development standards for POS areas:

 

While LN sets the size of POS types it is silent on how each form of open space is to be developed. It is proposed that this should be addressed in the Policy and it is currently drafted to require the following:

 

·    Clearly set out that the Shire will require that POS areas are developed by the subdivider as a condition of subdivision approval (the only exception being district open space which is funded through developer contribution schemes).     

 

Under DC Policy 2.3 Public Open Space, subdividers are required to ceded 10% POS and it is the Shire’s responsibility to develop and install the infrastructure within the POS land. This conventional approach has changed when the WAPC adopted LN which requires that it is the developer’s responsibility for earthworks and landscaping of POS areas. While the WAPC has clearly outlined that through the preparation of LN it was proposed to supersede existing DC policies, this has not occurred yet. The Policy has therefore been drafted to clearly set out that it is the Shire’s expectation that POS is developed by the subdivider/developer.

 

·    Require that landscaping plans are submitted at the same time as subdivisional working drawings.

·    Table 2 establishes required elements to be incorporated into the different type of parks and optional elements that can be proposed (subject to them being accepted from an asset management perspective).

 

These measures are proposed to provide guidance on how the Shire wants POS to be landscaped and developed in addition to the infrastructure to be included within the different forms of parkland. 

 

Urban Water Management

 

The draft LPP seeks to incorporate provisions in addition to the requirements in LN. The Policy emphasises the importance of urban water management on planning for urban areas in Broome and proposes that the Local Water Management Strategy (LWMS) be prepared as the first part of the Structure Plan process and that it is submitted to the Shire and Department of Water as a part of the pre-lodgement consultation.

 

These provisions are proposed as urban water management is a primary consideration in planning because of the extreme wet season conditions. The draft LPP also emphasises that the urban water management network is generally the form giving element to new urban areas from which the rest of the layout and design elements should be applied.

 

·    Section 3 – Developer Contributions

 

The draft Policy provision sets out that a section must be included in the Structure Plan outlining the current status of developer contribution plans, either operational or in preparation that would impact upon the Structure Plan area. This section is proposed to be included as it currently does not form a part of LN.

 

·    Section 4 – Shire of Broome Addendum to IPWEA Guidelines to Subdivisional Development

 

This section of the Policy will set out variations to the Institute of Public Works Engineering Australia (IPWEA)and provides guidance on the following:

 

·    establish minimum requirements for the design of civil works required to satisfy conditions of subdivision approvals.

·    requirements for supervision of subdivision works, document specifications and actions required to be satisfied by the proponent prior to lodgement of subdivision clearance.

 

This section ordinarily would not be used in the assessment of Structure Plans and is principally administered by Engineering Services section of the Shire through the assessment of subdivisional working drawings and the supervision/clearance process.

 

It is proposed that the Addendum form part of this Policy so it is given the weight of an LPP and also so the Policy acts as a ‘one-stop’ for developers on all standards applicable to the subdivision of land process.

 

·    Section 5 - Guidelines for the Design of Stormwater Drainage Systems

 

This section establishes guidelines for the design of stormwater drainage systems to address local conditions experienced in Broome. This is to be referenced in the preparation of LWMS in Broome (which are attached to Structure Plans) and also in the assessment of subdivisional working drawings.

 

·    Section 6 - Guidelines and Specifications for Reticulation Systems and Associated Works     in Public Open Space Areas

 

This section will establish guidelines and specifications for reticulation systems and associated works in public open space areas. 

 

Similar to the above comments under Section 4, these Guidelines do not form part of the Structure Plan assessment process however are included so developers are aware of standards applicable to the subdivision of land process.

 

Other Policy Implications

 

In the development of this draft Local Planning Policy, a number of the existing Shire of Broome Policies were reviewed and the provisions were either updated or incorporated into the draft LPP, as a result it is recommended that if Council resolves to adopt the draft LPP then following the public consultation period that Council resolve to revoke some of the existing policies. The policy recommended to be revoked and the reasons are outlined below.

 

-     Local Planning Policy 8.1 – Provision & Development of Open Space Reserves Managed by the Shire of Broome

 

This policy generally repeats the provisions of Liveable Neighbourhoods and has been reviewed in detail as a part of the preparation of this draft LPP and incorporated into Element 4 – Public Parkland.

 

-     Environment Policy 4.4.8 – Stormwater Management

 

This Policy generally reflects the existing philosophies for stormwater management that is already contained in LN and through the WAPC Better Water Urban Management Guidelines (which are applied in the preparation of LWMS). Element 4 of the draft LPP proposes provisions in relation to Urban Water Management and further Section 5 – Guidelines for the Design of Stormwater Drainage Systems, provides direction specific to Broome’s local conditions.

 

-     Environment Policy 4.4.6 – Water Conservation and Waste Water Reuse

 

Water conservation and waste water reuse are already elements required to be addressed in LWMS through the Better Urban Water Management Guidelines. The draft LPP requires that LWMS are to be prepared consistent with this.

 

Summary

 

In summary, the draft LPP has been prepared to provide adequate guidance to proponents on the preparation of Structure Plans and subdivision applications to reflect local Broome conditions. The Policy has been informed through earlier workshops held with the industry and the experience of Officer’s from the various departments at the Shire during the Structure Plan assessment process. It is therefore recommended that Council adopt the draft Policy for the purposes or seeking public comment and endorses the Community Engagement Framework proposed.

 

CONSULTATION

 

A series of workshops were facilitated by Urbis with relevant industry bodies in May 2013. These findings and ‘what makes Broome different’ were incorporated into the draft Policy.

 

A copy of the draft Policy has been referred to the Department of Planning and preliminary discussions have been held. The Department advises that they will make a formal submission on the Policy during the consultation period.

 

Consultation Proposed

 

Under Clause 2.4.1 of LPS6, the minimum required consultation for a Local Planning Policy is the publication of a notice once a week for two consecutive weeks in a newspaper circulating within the Scheme Area. The minimum consultation period is 21 days.

 

Similarly the Shire of Broome LPP 8.23 Public Consultation – Planning Matters requires the same minimum level of public consultation however sets out that workshops with key stakeholders where deemed appropriate.

 

Also given the detail proposed in the draft Policy and the input provided in the previous workshops, it is recommended that a workshop is held with relevant industry representatives. This is set out in Attachment No 2 - Community Engagement Framework.

 

STATUTORY ENVIRONMENT

 

Planning and Development Act 2005

Local Planning Scheme No. 6

 

2.4     Procedures for making and amending a Local Planning Policy

 

2.4.1 If the local government resolves to prepare a Local Planning Policy, the local government:

(a)     is to publish a notice of the proposed Policy once a week for two consecutive weeks in a newspaper circulating in the Scheme area giving details of –

 

i.     where the draft Policy may be inspected;

ii.     the subject and nature of the draft Policy; and

iii.    in what form and during what period (being not less than 21 days from the day the notice is published) submissions may be made;

 

(b)     may publish a notice of the proposed Policy in such other manner and carry out such other consultation as the local government considers appropriate.

 

2.4.2 After the expiry of the period within which submissions may be made, the local government is to:

 

(a)     review the proposed Policy in the light of any submissions made; and

 

(b)     resolve to adopt the Policy with or without modification, or not to proceed with the Policy.

 

2.4.3 If the local government resolves to adopt the Policy, the local government is to:

 

(a)     publish notice of the Policy once in a newspaper circulating within the Scheme area; and

 

(b)     if, in the opinion of the local government, the Policy affects the interests of the Commission, forward a copy of the Policy to the Commission.

 

2.4.4 A Policy has effect upon publication of a notice under clause 2.4.3(a).

 

2.4.5 A copy of each Local Planning Policy, as amended from time to time, is to be kept   and made available for public inspection during business hours at the offices of the   local government.

 

2.4.6 Clauses 2.4.1 to 2.4.5, with any necessary changes, apply to the amendment of a      Local Planning Policy.

 

POLICY IMPLICATIONS

 

Local Planning Policy 8.23 – Public Consultation – Planning Matters

 

Liveable Neighbourhoods

 

Liveable Neighbourhoods has been adopted by the WAPC to guide structure planning and subdivision of green field and large infill sites throughout Western Australia. The WAPC has set out that over time and with subsequent reviews of LN, the WAPC will supersede development control policies that also deal with structure planning and subdivision of green field sites (such as DC Policy 2.3 Public Open Space).

 

LN sets out that there are circumstances where particular requirements may be varied to accommodate the climate and/or settlement conditions of areas of the remote Western Australia. The comments section above establishes the rational of adopting variations.

 

FINANCIAL IMPLICATIONS

 

The subdivision of land process can have ongoing implications for the Shire as ultimately the reserves, roads and public open spaces become the Shire’s asset and responsibility for maintenance.

 

It is considered that the provisions of the Policy in relation to POS will provide adequate distribution of open space and will reduce ongoing maintenance costs. Further, the Policy will deliver efficiencies in the land development process as less land will be required to meet the POS requirements.

 

STRATEGIC IMPLICATIONS   

 

Our People Goal – Foster a community environment that is accessible, affordable, inclusive, healthy and safe:

 

Accessible and safe community spaces

 

Participation in recreational activity

 

A healthy and safe environment

 

Our Place Goal – Help to protect the nature and built environment and cultural heritage of Broome whilst recognising the unique sense of the place:

 

Realistic and sustainable land use strategies for the Shire within state and national frameworks and in consultation with the community

 

A built environment that reflects arid tropical climate design principles and historical built form

 

A unique natural environment for the benefit and enjoyment of current and future generations

 

A preserved, unique and significant historical and cultural heritage of Broome

 

Retention and expansion of Broome’s iconic tourism assets and reputation

 

Best practice asset management to optimise Shires’ infrastructure whilst minimising life cycle costs.

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Adopts in accordance with the Shire of Broome Local Planning Scheme No 6 Clause 2.4.1 the draft Local Planning Policy – Structure Plan and Subdivision Controls as included in Attachment 1, for public comment for a period of 42 days.

2.       Endorses the Community Engagement Plan in Attachment 2 and authorises the Director Development Services to make minor amendments to the plan as may be required to implement the plan during the advertising period taking into account the availability of other stakeholders.

 

 

Attachments

1.

Attachment No 1 - Draft LPP - Structure Plan and Subdivision Standards

2.

Attachment No 2 - Community Engagement Framework

  


Item 9.2.2 - PROPOSED LOCAL PLANNING POLICY - STRUCTURE PLAN AND SUBDIVISON STANDARDS

Attachment No 1 - Draft LPP - Structure Plan and Subdivision Standards

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Item 9.2.2 - PROPOSED LOCAL PLANNING POLICY - STRUCTURE PLAN AND SUBDIVISON STANDARDS

Attachment No 1 - Draft LPP - Structure Plan and Subdivision Standards

 

 


Item 9.2.2 - PROPOSED LOCAL PLANNING POLICY - STRUCTURE PLAN AND SUBDIVISON STANDARDS

Attachment No 1 - Draft LPP - Structure Plan and Subdivision Standards

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Item 9.2.2 - PROPOSED LOCAL PLANNING POLICY - STRUCTURE PLAN AND SUBDIVISON STANDARDS

Attachment No 2 - Community Engagement Framework

 

 


 


 


 


Item 9.2.2 - PROPOSED LOCAL PLANNING POLICY - STRUCTURE PLAN AND SUBDIVISON STANDARDS

Attachment No 2 - Community Engagement Framework

 

 

 


 

9.3

Our Prosperity

 

clip_image002

 

PRIORITY STATEMENT

 

Our region has grown significantly over the past years in terms of population, economy and industry – this will continue!  Balancing ecological sustainability with economic growth and retaining the ‘look and feel’ of Broome and its environs are an ongoing challenge for the region.  Encouraging appropriate investment and business development opportunities to ensure a strong, diverse economic base is essential for community prosperity and the success of our future generations.

 

Focusing on developing clear pathways linking education with employment for our youth and the community at large is essential as we aim to retain our local people and continue to build a skilled and highly motivated workforce.

 

Business and Industry partnerships must be fostered to ensure sustainable economic growth is achieved, along with the provision of affordable and equitable services and infrastructure.  Ensuring development meets community needs and legislative requirements whilst creating close community relationships and enhancing our understanding of local heritage and cultural issues will continue to be a major focus.  The built environment must contribute to the economy, long term viability of the region and provide a quality lifestyle for all.


Agenda – Ordinary Meeting of Council 26 March 2015                                                                             Page 102 of 103

There are no reports in this section. 


 

9.4

Our Organisation

 

IMG_1865

 

PRIORITY STATEMENT

 

Council will strive to create an environment where local governance is delivered in an open and accountable manner; where we provide leadership to the region in such areas as planning and financial management; where the community has the opportunity to contribute to the Council’s decision making thereby fostering ownership of strategies and initiatives.

 

In delivering open, accountable and inclusive governance, we will be ever mindful that we operate within a highly regulated environment that requires a high level of compliance.

 

Council will strive to be the conduit between the other spheres of government and the community, translating State and Federal law, policy and practice into customer focussed, on ground service delivery that support’s Broome’s unique lifestyle.

 

The Region is experiencing significant change with Council dedicated to sound governance, effective leadership and innovation, and high quality services.  Building organisational capacity is a priority with a commitment to delivering services to the community in a sustainable, effective and accountable way.


Agenda – Ordinary Meeting of Council 26 March 2015                                                                             Page 104 of 105

 

9.4.1      FEBRUARY 2015 FINANCIAL ACTIVITY REPORT

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           FRE02

AUTHOR:                                                   Senior Finance Officer

CONTRIBUTOR/S:                                    Manager Financial Services 

RESPONSIBLE OFFICER:                          Director Corporate Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    11 March 2015

 

SUMMARY:         Council is required by legislation to consider and adopt the Monthly Financial Activity Statement Report for the period ended 28 February 2015, as required by Regulation 34(1) of the Local Government (Financial Management) Regulations 1996.

Council is further provided with a General Fund Summary of Financial Activity (Schedules 2 to 14) which provides comprehensive information on Council’s Operations by Function and Activity.

 

BACKGROUND

 

Previous Considerations

 

Council is provided with the Monthly Financial Activity Report which has been developed in line with statutory reporting standards and provides Council with a holistic overview of the operations of the Shire of Broome.

 

Supplementary information bas been provided in the form of a General Fund Summary of Financial Activity, which discloses Council’s Revenue and Expenditure in summary form, by Programme (Function and Activity).

 

COMMENT

 

The following are key indicators supporting the year to-date budget position with respect to the Annual Forecast Budget:

Budget Year elapsed                       67%

Total Rates Raised Revenue            100% (of which 91% has been paid)

Total Other Operating Revenue      62%

Total Operating Expenditure            57%

Total Capital Revenue                       15%

Total Capital Expenditure                  21%

Total Sale of Assets Revenue                     25%

There were a number of budget amendments processed in both November and February as part of the Quarterly Finance and Costing Review (FACR). The statutory mid-year review was held as part of the 2nd Quarter FACR. The amendments from the 1st and 2nd Quarter FACR are recorded in the minutes of the Audit Committee meeting held 13 November 2014 and 10 February 2015 respectively. Additionally, amendments have been made since budget adoption, which further impact upon the forecast end-of-year position. The net impact of all budget amendments reported to Council year-to-date is a predicted budget deficit of $115,656.

 

More detailed explanations of variances are contained in the notes to the monthly statement of financial activity. The commentary identifies significant variations between the expected year-to-date budget position and the position at the reporting date.

 

CONSULTATION

 

Nil

 

STATUTORY ENVIRONMENT

 

Local Government (Financial Management) Regulations 1996

 

34. Financial activity statement report — s. 6.4

1A)       In this regulation —

“committed assets” means revenue unspent but set aside under the annual budget for a specific purpose.

1)          A local government is to prepare each month a statement of financial activity reporting on the sources and applications of funds, as set out in the annual budget under regulation 22(1)(d), for that month in the following detail —

a)          annual budget estimates, taking into account any expenditure incurred for an additional purpose under section 6.8(1)(b) or (c);

b)          budget estimates to the end of the month to which the statement relates;

c)          actual amounts of expenditure, revenue and income to the end of the month to which the statement relates;

d)          material variances between the comparable amounts referred to in paragraphs (b) and (c); and

e)          the net current assets at the end of the month to which the statement relates

 

2)          Each statement of financial activity is to be accompanied by documents containing —

a)          an explanation of the composition of the net current assets of the month to which the statement relates, less committed assets and restricted assets;

b)          an explanation of each of the material variances referred to in subregulation (1)(d); and

c)          such other supporting information as is considered relevant by the local government.

 

3)          The information in a statement of financial activity may be shown —

a)          according to nature and type classification;

b)          by program; or

c)          by business unit.

 

4)          A statement of financial activity, and the accompanying documents referred to in subregulation (2), are to be —

a)          presented at an ordinary meeting of the council within 2 months after the end of the month to which the statement relates; and

b)          recorded in the minutes of the meeting at which it is presented.

5)          Each financial year, a local government is to adopt a percentage or value, calculated in accordance with the AAS, to be used in statements of financial activity for reporting material variances.

 

Local Government Act 1995

 

6.8. Expenditure from municipal fund not included in annual budget

1)          A local government is not to incur expenditure from its municipal fund for an additional purpose except where the expenditure —

a)          is incurred in a financial year before the adoption of the annual budget by the local government;

b)          is authorised in advance by resolution*; or

c)          is authorised in advance by the mayor or president in an emergency.

(1a        In subsection (1) —

“additional purpose” means a purpose for which no expenditure estimate is included in the local government’s annual budget.

 

2)          Where expenditure has been incurred by a local government —

c)          pursuant to subsection (1)(a), it is to be included in the annual budget for that financial year; and

d)          pursuant to subsection (1)(c), it is to be reported to the next ordinary meeting of the council.

* Absolute majority required.

 

POLICY IMPLICATIONS

 

2.1.1 Materiality in Financial Reporting

 

FINANCIAL IMPLICATIONS

 

The adoption of the Monthly Financial Report is retrospective, and the utilisation of this information to direct the Chief Executive Officer would be prospective and subject to resolution. 

 

Accordingly, the financial implications associated with adoption are Nil.

 

STRATEGIC IMPLICATIONS   

 

Our Prosperity Goal – Create the means to enable local jobs creation and lifestyle affordability for the current and future population:

 

Affordable and equitable services and infrastructure

 

Affordable land for residential, industrial, commercial and community use

 

Key economic development strategies for the Shire which are aligned to regional outcomes working through recognised planning and development groups/committees

 

Our Organisation Goal – Continually enhance the Shire’s organisational capacity to service the needs of a growing community:

 

An organisational culture that strives for service excellence

 

Sustainable and integrated strategic and operational plans

 

Responsible resource allocation

 

Effective community engagement

 

Retention and attraction of staff

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Adopts the Monthly Financial Activity Report for the period ended 28 February 2015 and;

2.       Receives the General Fund Summary of Financial Activity (Schedules 2-14) for the period ended 28 February 2015.

 

Attachments

1.

February Financial Activity Statements

  


Item 9.4.1 - FEBRUARY 2015 FINANCIAL ACTIVITY REPORT

February Financial Activity Statements

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


Item 9.4.1 - FEBRUARY 2015 FINANCIAL ACTIVITY REPORT

February Financial Activity Statements

 

 


Item 9.4.1 - FEBRUARY 2015 FINANCIAL ACTIVITY REPORT

February Financial Activity Statements

 

 


 


 


Item 9.4.1 - FEBRUARY 2015 FINANCIAL ACTIVITY REPORT

February Financial Activity Statements

 

 


Item 9.4.1 - FEBRUARY 2015 FINANCIAL ACTIVITY REPORT

February Financial Activity Statements

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Agenda – Ordinary Meeting of Council 26 March 2015                                                                             Page 208 of 209

 

9.4.2      PAYMENTS - FEBRUARY 2015

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           FRE02

AUTHOR:                                                   Finance Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director Corporate Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    5 March 2015

 

SUMMARY:         This report recommends that Council adopts the list of payments made under delegated authority, as per the attachment to this report, February 2015.

 

BACKGROUND

 

Previous Considerations

 

Nil

 

COMMENT

 

The Chief Executive Officer (CEO) has delegated authority to make payments from the Municipal and Trust funds in accordance with budget allocations.

The Shire provides payments to suppliers by Electronic Funds Transfer (EFT), cheque, credit card or direct debit.

Attached is a list of all payments processed under delegated authority during February, 2015.

 

CONSULTATION

Nil

 

STATUTORY ENVIRONMENT

 

Local Government (Financial Management) Regulations 1996

13.     Lists of accounts

(1)         If the local government has delegated to the CEO the exercise of its power to make payments from the municipal fund or the trust fund, a list of accounts paid by the CEO is to be prepared each month showing for each account paid since the last such list was prepared —

(a)        the payee’s name;

(b)        the amount of the payment;

(c)        the date of the payment; and

(d)        sufficient information to identify the transaction.

(3)         A list prepared under sub regulation (1) is to be —

(a)        presented to the council at the next ordinary meeting of the council after the list is prepared; and

(b)        recorded in the minutes of that meeting.

 

POLICY IMPLICATIONS

Nil

 

FINANCIAL IMPLICATIONS

List of payments made in accordance with budget and delegated authority.

 

STRATEGIC IMPLICATIONS   

Our Organisation Goal – Continually enhance the Shire’s organisational capacity to service the needs of a growing community:

 

An organisational culture that strives for service excellence

 

Sustainable and integrated strategic and operational plans

 

Responsible resource allocation

 

Effective community engagement

 

Retention and attraction of staff

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council records the accounts as paid under delegated authority for February 2015, totalling $2,058,170.11, as attached, covering:

 

·    EFT Vouchers 29696-29894 totalling $1,790,359.31;

·    Municipal Cheque Vouchers 57254-57266 totalling $65,323.16;

·    Trust Cheque Voucher 3392 totalling $8,843.91 and

·    Municipal Direct Debits 18222.1-18293.1 totalling $193,643.73

Moved:                                                        Seconded:

 

                                                                                                                 FOR:

                                                                                                                 AGAINST:

 

 

Attachments

1.

February 2015 Payment Listing

  


Item 9.4.2 - PAYMENTS - FEBRUARY 2015

February 2015 Payment Listing

 

 


 


 


 


 


 


 


Agenda – Ordinary Meeting of Council 26 March 2015                                                                             Page 217 of 218

 

9.4.3      LOCAL GOVERNMENT ELECTIONS 2015

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           GOE04

AUTHOR:                                                   Manager Governance

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director Corporate Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    5 March 2015

 

SUMMARY:         This report has been prepared to advise Council of estimated costs associated with the Western Australian Electoral Commission conducting the 2015 Local Government Ordinary Election either as a Postal or In Person election.

It recommends that the Western Australian Electoral Commission (WAEC) conduct the 2015 Ordinary Election on behalf of the Shire of Broome as an In Person election.

 

BACKGROUND

 

Previous Considerations

 

OMC 14 May 2009                                  Item 9.1.1

OMC 17 February 2011                          Item 9.1.3

OMC 16 May 2013                                  Item 9.4.3

 

The next local government ordinary election is scheduled to be held on Saturday 17 October 2015 with six of the nine offices of members to be contested.  Offices of Council up for election at this time consist of:

 

                   Broome Ward             4 Councillors (4 year terms)

                                                          1 Councillor (2 year term)

                   Dampier Ward            1 Councillor (4 year term)

 

The Chief Executive Officer of a local authority is responsible for the conduct of local government elections unless arrangements are made in accordance with section 4.20 of the Local Government Act 1995 to appoint another person.  This appointment must occur at least 80 days prior to election day.

 

Section 4.61(1) of the Local Government Act 1995 provides for an election to be conducted as a:

 

postal election which is an election at which the method of casting votes is by posting or delivering them to an electoral officer on or before election day; or

voting in person election which is an election at which the principal method of casting votes is by voting in person on election day but at which votes can also be cast in person before election day, or posted or delivered, in accordance with regulations.

 

 

The WAEC conducted the 2009, 2011 and 2013 Shire of Broome Ordinary Elections as in person elections.  Prior to this the elections were conducted in house by Shire Officers as in person elections.  Voter turnout in the last four Shire of Broome in person elections is as follows:

 

Ward

2013

2011

2009

2007

Broome

34.44%

44.03%

33.44%

24.96%

Dampier

27.38%

25.53%

22.17%

23.39%

 

Council resolved at the Ordinary Meeting of Council held 17 February 2011 to obtain community input to ascertain whether there was sufficient support to conduct the 2013 election as a postal election.  Officers undertook this community consultation in early 2013 which included a manned display at the Broome Boulevard Shopping Centre on Saturday 6 April 2013 between 9am and 1pm at which the community were requested to vote on their preference for a postal election or a voting in person election.  66 community members voted, with 40 voters supporting an in person election and 26 voters supporting a postal election.   The Shire Newsletter and press releases promoted the display and the proposal in general, and urged community members to email feedback or questions to the Shire. 

 

Input was also sought from the communities of Bidyadanga (La Grange), Beagle Bay, Lombadina, Djarindjin, and Ardyaloon (One Arm Point).    It is noted that the communities of Bidyadanga (La Grange), Djarindjin and Lombadina supported an in person election and Ardyaloon (One Arm Point) advised of an inconclusive response.  The Department of Indigenous Affairs were contacted regarding Beagle Bay as they did not have a Community Council at that time.

 

Based on the results of the community consultation Council adopted the officers recommendation at the Ordinary Meeting of Council held 16 May 2013 for an in person election.

 

In the October 2013 election, of the 139 local governments in Western Australia the WAEC was contracted to manage 78 local government elections.  These consisted of 76 postal elections and 2 in person elections. The in person elections were conducted for the Shires of Broome and Halls Creek.

 

COMMENT

 

On 18 February 2015 the Electoral Commissioner wrote to the Shire of Broome outlining estimated costs for the WAEC to conduct either a postal or in person voting on behalf of the Shire of Broome for the 2015 Ordinary Election on 17 October 2015.

 

The estimated cost for the WAEC to conduct a postal election is $47,000 including GST.  This is based on the following assumptions:

 

·    8,750 electors

·    Response rate of approximately 40%

·    6 vacancies

·    Count being conducted at the offices of the Shire of Broome

·    Standard Australia Post delivery service to apply (an additional estimated amount of $612.50 will occur if Council wishes to utilise the Australia Post Priority Service for the lodgement of election packages)

·    Return airfares for the Returning Officer for the nomination period and election day

 

The estimated cost for the WAEC to conduct an in person election is $40,000 including GST.  This is based on the following assumptions:

 

·    8,750 electors

·    6 vacancies

·    Count being conducted at the premises of the Shire of Broome

 

The in person estimate includes the following:

 

·    Return airfares for the Returning Officer for the nomination period and election day

·    16 days accommodation allowance for the Returning Officer covering the nomination period, the early voting period for remote communities and election day

·    All Statutory advertising

·    A proportion of the total cost of WAEC staff time and corporate overheads

 

Both estimates exclude non-statutory advertising (ie additional advertisements in community newspapers and promotional advertising), any legal expenses other than those that are determined to be borne by the WAEC in a Court of Disputed Returns, one local government staff member to work in the polling place on election day and any additional postage rate increases by Australia Post.

 

The Commission is required by the Local Government Act 1995 to conduct local government elections on a full cost recovery basis.  Final costs may vary depending on a range of factors including the cost of materials or number of replies received.  The basis for charges is all materials at cost and a margin on staff time only.  Should a significant change become evident prior to or during the election the Shire will be advised as early as possible.

 

Should the Council decide to proceed with either option outlined above, the current procedure required by the Local Government Act 1995 is that written agreement from the Electoral Commissioner has to be obtained before the vote is taken.  To facilitate the process, the letter from the Electoral Commissioner dated 18 February 2015 can be taken as the Commissioner’s agreement to be responsible for the conduct of the ordinary election in 2015 for the Shire of Broome in accordance with section 4.20(4) of the Local Government Act 1995, together with any other elections or polls that may also be required.

 

The current system for voting in the Shire of Broome Local Government elections is in person, whereby voters attend the Shire of Broome Offices on election day to cast their vote.    In person elections also provide electors with the option of casting an early vote at the Shire of Broome Administration office prior to election day.  Early voting is also conducted at Bidyadanga (La Grange), Beagle Bay, Lombadina, Djarindjin and Ardyaloon (One Arm Point) on advertised days.  In addition, an in person election still enables electors to choose to submit their vote via post if this is their preferred voting method.

 

A postal election would involve ALL electors on the Shire of Broome electoral roll receiving a voting pack from the Western Australian Electoral Commission (WAEC) via post.  Electors would then be required to either post or deliver their vote to an electoral officer on or before election day.

 

The WAEC have advised that as far as they have been able to determine from the State roll of the 6,515 electors in the Broome Ward 5,992 have postal addresses, and of the 1,355 in the Dampier Ward 1,316 have postal addresses.  Therefore there are 523 in the Broome Ward and 39 in the Dampier Ward on the State roll without postal addresses.  They have also advised that it is common for entire communities to share one postal address.

 

Regardless of which option Council chooses Shire officers are still required to undertake a number of administration duties including but not limited to processing electoral roll applications and maintaining relevant registers. 

 

Whilst a number of local governments undertake postal elections, based on community feedback in 2013 it is recommended that the 2015 Shire of Broome Local Government election be conducted as an in person election. 

 

Section 4.61(2) makes provision for a local government to decide to conduct the election as a postal election.  Both the declaration under section 4.20 and the determination under section 4.61(2) are required to be by an Absolute Majority.

 

CONSULTATION

 

Western Australian Electoral Commission.

 

STATUTORY ENVIRONMENT

Local Government Act 1995

4.20.       CEO to be returning officer unless other arrangements made

      (1)     Subject to this section the CEO is the returning officer of a local government for each election.

      (2)     A local government may, having first obtained the written agreement of the person concerned and the written approval of the Electoral Commissioner, appoint* a person other than the CEO to be the returning officer of the local government for —

                 (a)     an election; or

                 (b)     all elections held while the appointment of the person subsists.

               * Absolute majority required.

      (3)     An appointment under subsection (2) —

                 (a)     is to specify the term of the person’s appointment; and

                 (b)     has no effect if it is made after the 80th day before an election day.

      (4)     A local government may, having first obtained the written agreement of the Electoral Commissioner, declare* the Electoral Commissioner to be responsible for the conduct of an election, or all elections conducted within a particular period of time, and, if such a declaration is made, the Electoral Commissioner is to appoint a person to be the returning officer of the local government for the election or elections.

               * Absolute majority required.

      (5)     A declaration under subsection (4) has no effect if it is made after the 80th day before election day unless a declaration has already been made in respect of an election for the local government and the declaration is in respect of an additional election for the same local government.

      (6)     A declaration made under subsection (4) on or before the 80th day before election day cannot be rescinded after that 80th day.

               [Section 4.20 amended by No. 64 of 1998 s. 19(1); No. 49 of 2004 s. 16(4) and 32(1)‑(4).]

 

4.61.       Choice of methods of conducting election

      (1)     The election can be conducted as a — 

               postal election which is an election at which the method of casting votes is by posting or delivering them to an electoral officer on or before election day; or

               voting in person election which is an election at which the principal method of casting votes is by voting in person on election day but at which votes can also be cast in person before election day, or posted or delivered, in accordance with regulations.

      (2)     The local government may decide* to conduct the election as a postal election.

               * Absolute majority required.

      (3)     A decision under subsection (2) has no effect if it is made after the 80th day before election day unless a declaration has already been made in respect of an election for the local government and the declaration is in respect of an additional election for the same local government.

      (4)     A decision under subsection (2) has no effect unless it is made after a declaration is made under section 4.20(4) that the Electoral Commissioner is to be responsible for the conduct of the election or in conjunction with such a declaration.

      (5)     A decision made under subsection (2) on or before the 80th day before election day cannot be rescinded after that 80th day.

      (6)     For the purposes of this Act, the poll for an election is to be regarded as having been held on election day even though the election is conducted as a postal election.

      (7)     Unless a resolution under subsection (2) has effect, the election is to be conducted as a voting in person election.

               [Section 4.61 amended by No. 64 of 1998 s. 25; No. 49 of 2004 s. 16(4) and 32(5).]

 

POLICY IMPLICATIONS

 

Policy 1.3.2 Local Government Elections - Promotions

 

FINANCIAL IMPLICATIONS

 

If Council endorses the Report Recommendation, an amount of $40,000 (incl GST) will be allocated in the 2014/15 budget (GL 24040) for the WAEC to conduct the Shire of Broome 2015 ordinary election as an in person election.  It should be noted that this figure is based on the estimate provided by the WAEC.

 

STRATEGIC IMPLICATIONS   

 

Our People Goal – Foster a community environment that is accessible, affordable, inclusive, healthy and safe:

 

Effective communication

 

Affordable services and initiatives to satisfy community need

 

Our Organisation Goal – Continually enhance the Shire’s organisational capacity to service the needs of a growing community:

 

An organisational culture that strives for service excellence

 

Effective community engagement

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Absolute Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Declare, in accordance with section 4.20(4) of the Local Government Act 1995, the Electoral Commission to be responsible for the conduct of the 2015 ordinary election together with any other elections or polls which may also be required.

2.       Determines the Shire of Broome 2015 Ordinary Election be conducted as a voting in person election as defined in section 4.61(1) of the Local Government Act 1995.

3.       Requests the Chief Executive Officer to make appropriate allocations for election expenses in the 2015/16 budget.

(Absolute Majority Required)

 

Attachments

Nil


Agenda – Ordinary Meeting of Council 26 March 2015                                                                             Page 223 of 224

 

9.4.4      MINUTES OF THE JOINT MEETING OF THE KIMBERLEY ZONE OF WALGA AND
REGIONAL COLLABORATIVE GROUP HELD 9 DECEMBER 2014

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           OGSO3 & RCG01

AUTHOR:                                                   Director Corporate Services

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director Corporate Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    6 March 2015

 

SUMMARY:        

This report requests Council to receive and endorse the Minutes from the Joint meeting of the Kimberley Zone of WALGA and Regional Collaborative Group held on 9 December 2014.

 

BACKGROUND

 

A copy of the minutes from the meeting held 9 December 2014 between members of the Kimberley Zone of WALGA and Kimberley Regional Collaborative Group (RCG) are attached for Council consideration.

 

As a result of a past decision of the group, both the Kimberley Zone and RCG meetings are joined. 

 

It should be remembered that the Kimberley Zone of WALGA is a group established to represent regional issues to the State Council of the Western Australian Local Government Association (WALGA).

 

The RCG is a deed of agreement between four (4) local governments with the Minister for Local Government to progress regional reform.

 

COMMENT

 

The minutes and respective background information are attached to this report and the following comments are made in relation to the resolutions passed by the Group. Additional recommendations have been made where necessary for Council’s consideration.

 

7.1 KIMBERLEY ZONE OF WALGA & RCG MEETING RESOLUTION STATUS REPORT

 

A status report was provided from the Project Officer outlining progress or otherwise on Resolutions passed by the Zone/RCG since February 2013. The status report was received and noted for finalisation under the authorisation of the Secretariat.

 

RESOLUTION:

(REPORT RECOMMENDATION)

That the Kimberley Zone of WALGA & Regional Collaborative Group:

1.          Receives the attached Resolution Status Report;

2.          Authorises the Secretariat to proceed with co-ordinating the finalisation of outstanding action items arising from meeting resolutions.

Moved: Cr John Moulden                       Seconded: Cr Malcolm Edwards

                                                                                                                 Carried Unanimously 4/0

 

7.2 KIMBERLEY ZONE OF WALGA 2013/2014 FINANCIAL ACTIVITY REPORT

 

A Financial Activity Report was presented for adoption. Summary follows:

Indicators and Variances

The following are the key indicators of the year to date budget position;

          Budget Year Lapsed                                       41%

          Total Operating Income                       8%

          Total Operating Expenditure                7%

Committed Kimberley Regional Collaborative Group project expenditure as percentage of forecast budget;

          2012-13 DLGC – Records Management                         55%

          2013-14 DLGC – Business Improvement Review           16%

          2010-11 CLGF – Key Worker Housing                               100%

          2011-12 CLGF – Key Worker Housing                               27%

          2014 DLGC – Kimberley Youth Strategy                          11%

 

RESOLUTION:

(REPORT RECOMMENDATION)

That the Kimberley Zone of WALGA and Regional Collaborative Group adopts the Financial Activity Report for the period ended 26 November 2014.

Moved: Cr John Moulden                       Seconded: Cr Malcolm Edwards

             Carried Unanimously 4/0

 


 

7.3 2015 SCHEDULE OF MEETINGS FOR KIMBERLEY ZONE OF WALGA & RCG

 

A proposed schedule of dates for meetings to be held in 2015 was presented for consideration.  Dates were proposed to avoid clashes with member ordinary meetings of Council and consideration was given to the release of the WALGA State Council Agenda.  There are four face to face meetings proposed in 2015 as compared to six that were held in 2014.  The meeting to be held in Derby occurred on 27 February 2015.  A meeting is proposed to be held in Darwin to coincide with the holding of the annual joint Kimberley and Pilbara Forum, in addition to the annual collaboration with the Northern Territory Local Governments.  The August meeting is scheduled in Perth to coincide with Local Government Week as has occurred in recent years.  A meeting has been proposed to be held at Christmas Island in December 2015 however was endorsed subject to member Council approval.  Please note Attachment 2 to this report which is follow-up correspondence from the Kimberley Project Manager on this matter.

 

It is estimated that this would cost approximately $2,200 per person based on flight and accommodation expenses.  The total cost for Shire of Broome attendance would be approximately $8,800 based on the attendance of two Councillors and two members of staff.  It is noted that if the December meeting was held within the Kimberley it would cost significantly less. Having regard for financial constraints, the attendance at Christmas Island is not supported and it is recommended this meeting be scheduled to be held within the Kimberley. 

 

RESOLUTION:

 

That the Kimberley Zone of WALGA & Regional Collaborative Group:

1.          Receives the attached 2015 Schedule of Meetings;

FEB 27 FRI

Zone & RCG Meeting

Derby

MAY 2-5 SAT-TUE

Kimberley/Pilbara/NT Joint Annual Forum

Darwin

AUG 3-4 MON-TUE

Zone & RCG Meeting

Perth

DEC 3-5 THUR-SAT

Zone & RCG Meeting

Christmas Island (Subject to member Council approval)

2.          Endorses the attached 2015 Schedule of Meetings

Moved: Cr John Moulden                       Seconded: Cr Malcolm Edwards

             Carried Unanimously 4/0

 

7.4 RATES EXEMPTIONS

At the August 2014 CEO’s meeting the issue of non-rateable and exempt properties having a significant impact in the Kimberley, and links with the issue generally of increased use of services without the contribution of the offsetting rate revenue was discussed, the Executive Group decided to look at making a submission to the Department of Local Government and Communities Grant Commission for consideration for the following year’s grant determination, making recommendations on calculations and rationale within the balanced budget that we consider are both fair and equitable and truly recognise the additional costs incurred by local governments due to their physical and demographic circumstances, better reflect the true expenditure needs and better represent the true revenue raising capacity.

 

The secretariat is in the process of developing a submission which will outline the evaluation of the Financial Assistance Grants Calculations and Methodology for Disabilities, Expenditure and Revenue.  An update on progress of this issue was presented for noting by the Group.

 

RESOLUTION

(REPORT RECOMMENDATION)

That the Kimberley Zone of WALGA and Regional Collaborative Group notes the progress made on the submission to the Department of Local Government and Communities Grant Commission.

Moved: Cr Graeme Campbell               Seconded:  Cr Malcolm Edwards

             Carried Unanimously 4/0

 

7.5 TAKEAWAY ALCOHOL MANAGEMENT SYSTEM UPDATE

 

This report provided an update as to the status of the establishment of a 12 month trial of a Takeaway Alcohol Management System (TAMS) for the Shire of Wyndham East Kimberley.

 

RESOLUTION:

(REPORT RECOMMENDATION)

That the Kimberley Zone of WALGA and Regional Collaborative Group note this Takeaway Alcohol Management System update report.

Moved: Cr Graeme Campbell               Seconded: Cr John Moulden

             Carried Unanimously 4/0

 

7.6 TANAMI ROAD UPDATE

 

This report provided an update as to the status of the Shire of Halls Creek’s progress on the sealing of the Tanami Road.

 

RESOLUTION:

(REPORT RECOMMENDATION)

That the Kimberley Zone of WALGA and Regional Collaborative Group notes the progress being made on the proposal to upgrade the Tanami Road.

Moved: Cr John Moulden                       Seconded: Cr Malcolm Edwards

             Carried Unanimously 4/0

 


 

8.1 STATE COUNCIL MEETING AGENDA AND PRESIDENT’S REPORT

 

As the Kimberley Zone of WALGA and Regional Collaborative Group meeting has been held out of alignment with WALGA’s State Council meeting, the State Council Agenda and Presidents Report has already been received for member consideration prior to this meeting of the Zone/RCG.

 

RESOLUTION:

(REPORT RECOMMENDATION)

That the Kimberley Zone of WALGA notes the State Council Meeting Agenda and Presidents Report.

Moved:  Cr John Moulden                      Seconded:  Cr Graeme Campbell

             Carried Unanimously 4/0

 

8.2 EAST KIMBERLEY ABORIGINAL CHARTER

 

Wunan is an Aboriginal development organisation in the East Kimberley, with a purpose and strategy to drive long-term socio-economic change for Aboriginal people by providing real opportunities, investing in people’s abilities, and by encouraging and rewarding aspiration and self-responsibility. A key objective for Wunan is to shift the balance of dependence of Aboriginal people on welfare from 80% to 20% over 20 years. This objective is based on a clear guiding philosophy that Aboriginal success grows from investing in people’s ability, real opportunity, and reward for effort. Wunan facilitate long term and sustainable change by focusing on five strategic priorities:

·    Education

·    Employment

·    Accommodation & housing

·    Living Change

·    Foundations

Wunan developed the initiative now known as Living Change, which is a community-led, place-based initiative for cultural, economic and social renewal in the East Kimberley. The idea was to develop a responsibility framework that could be adopted and adapted by any community in the region that wanted to take difficult but positive steps to tackle the cycle of dysfunction that is driven by the absence of responsibility, and so enable Aboriginal success.

In conjunction with the Living Change Report, Wunan has developed an East Kimberley Aboriginal Charter which outlines a commitment by Aboriginal people to make positive change to their lives and seeks the support of Government, business and the broader community to support the Living Change initiatives.

At this stage, Wunan has been funded by the Australian and State Government to report on the feasibility of implementing Living Change in one East Kimberley community: Halls Creek.

The Wunan Foundation is seeking support from Local Government for the East Kimberley Aboriginal Charter.


 

 

RESOLUTION:

(REPORT RECOMMENDATION)

That the Kimberley Zone of WALGA;

1.   Supports the Wunan Foundation’s East Kimberley Aboriginal Charter, and

2.   Refers the Charter to the Western Australian Local Government Association for support.

Moved:  Cr Graeme Campbell                                  Seconded:  Cr John Moulden

          Carried Unanimously 4/0

 

8.3 PUBLIC LIBRARY STOCK FUNDING – REDUCTION BY STATE LIBRARY OF WA

This report recommended that that the Zone considers the unanticipated reduction in Library stock funding for three of the four Shires of the Kimberley as provided through the State Library of Western Australia as per an agreed-to funding model.

It requests that a formal letter be sent to the Minister for Culture and the Arts to reinstate the agreed-to funding of $165,000 for the 2014/15 financial year, applying a cash-flow impacting the 2014/15 financial year into the 2015/16 financial year.

 

RESOLUTION:

(REPORT RECOMMENDATION)

That the Kimberley Zone of WALGA write to the Minister for Planning; Culture and the Arts requesting that stock funding which was operationally agreed to for each of Shire be reinstated for the 2014/15 financial year and instead, apply the reduction to the subsequent financial year.

Moved: Cr Graeme Campbell               Seconded: Cr John Moulden

             Carried Unanimously 4/0

 

8.4 SOCIAL LICENCE TO OPERATE AND INVEST IN THE KIMBERLEY

At its meeting 4 August 2014 the Kimberley Regional Collaborative Group resolved that:

“That the Kimberley Zone of WALGA authorises the Secretariat to conceptualise a Kimberley Regional Working Group to investigate and progress the issues of companies/developers social licence to operate/invest in the Kimberley Region and to develop a terms of reference to be considered by the Zone at a future time.”

Following this meeting, the Social Licence Working Group core membership is to comprise the following;

·    Cr  Anne Poelina – Shire of Broome

·    Cr Chris Loessl – Shire Halls Creek

·    Cr  – Shire of Wyndham East Kimberley

·    William Witham - Chamber of Minerals and Energy

·    Brian Lloyd - Department of Mines and Petroleum

·    Paul Schollum - Western Australian Local Government Association

·    TBC - Department of State Development

·    TBC - Australian Petroleum Production & Exploration Association

A report recommendation was provided seeking endorsement of a draft terms of reference for the Working Group.  As the motion was lost, the matter was laid on the table and it was proposed for the issue to be referred through to member Chief Executive Officers.

 

8.5 RED TAPE REDUCTION

At its meeting 4 August 2014 the Kimberley Regional Collaborative Group resolved that:

“That the Kimberley Zone of WALGA forms a Red Tape Reduction Committee consisting of Kimberley Chief Executive Officers and nominated Kimberley Shire Councillors; Cr K Wright, Cr E Archer, Cr C Mitchell and Cr M Edwards and invites a representative of the Chamber of Minerals and Energy, Australian Petroleum Products & Exploration Association, Chamber of Commerce, Kimberley Pastoral Board, Department of Mines and Petroleum and the Department of Planning to be a part of this group.”

Following this meeting, the Red Tape Reduction Committee core membership is to comprise the following;

·    Cr  Chris Mitchell – Shire of Broome

·    Cr Elsia Archer – Shire of Derby West Kimberley

·    Cr Malcolm Edwards – Shire Halls Creek

·    Cr Keith Wright – Shire of Wyndham East Kimberley

·    Shannon Burdeu - Chamber of Minerals and Energy

·    Brian Lloyd - Department of Mines and Petroleum

·    Russell Shaw – Kimberley Pastoral Board

·    TBC – Department of Planning

·    TBC - Australian Petroleum Production & Exploration Association

·    TBC – Chamber of Commerce

A report recommendation was provided seeking endorsement of a draft terms of reference for the Working Group. 

 

RESOLUTION:

(REPORT RECOMMENDATION)

That the Kimberley Zone of WALGA;

1.   Authorises the Secretariat to request the Red Tape Reduction Committee to research and present options back to the Kimberley Zone on opportunities Local Government’s can be involved with in reducing red tape,

2.   Endorses the Terms of Reference for the Red Tape Reduction Committee, as attached.

 

Moved: Cr Graeme Campbell               Seconded: Cr John Moulden

                                                                                                                 Carried Unanimously 4/0

 

9.1 NEW ITEM: COUNTRY LOCAL GOVERNMENT FUND EXPENDITURE – KEY WORKER HOUSING PROJECT UPDATE

 

With regards to the 2011/12 funding, a new Financial Assistance Agreement and letter of variation has been submitted to the Department of Regional Development outlining the reallocation of the $956,842 in grant funding, leveraged funding contributions from each of the three participating Shires and project deliverables. A response from DRD had not been received at the time and the Shire of Wyndham East Kimberley still remains in possession of the $956,842 until such time as DRD approve its reallocation.

Given the withdrawal of the Shire of Wyndham East Kimberley, a new Financial Assistance Agreement and letter of variation from the 2012-13 Business Case for the Key Worker Housing project has been completed and submitted to the Department of Regional Development. A response from DRD had not been received at this point.

RESOLUTION:

(REPORT RECOMMENDATION)

That the Kimberley Regional Collaborative Group notes the progress of the Country Local Government Fund 2010-11, 2011-12 and 2012-13 Grant Funding for the Key Worker Housing Project.

Moved: Cr John Moulden                                      Seconded: Cr Graeme Campbell

                                                                                                                 Carried Unanimously 4/0

 

9.2 DEPARTMENT OF LOCAL GOVERNMENT & COMMUNITIES 2012/13 GRANT FUND EXPENDITURE – RECORDS MANAGEMENT PROJECT UPDATE

A grant for $107,000 was approved by the Department of Local Government and Communities for the purchase and implementation of an Office 365 Cloud based collaboration and Records Management System for the Kimberley Zone. This report provided an update on progress of the project. It is noted that the Shire of Broome employed a Records Officer to undertake scanning of hard copy files as part of this project. This has been fully funded by the grant.

 

RESOLUTION:

(REPORT RECOMMENDATION)

That the Kimberley Regional Collaborative Group notes the progress of the Department of Local Government and Communities 2012-13 Grant Funding for the Records Management Project.

Moved: Cr Graeme Campbell                          Seconded: Cr John Moulden

                                                                                                                 Carried Unanimously 4/0

 

9.3 DEPARTMENT OF LOCAL GOVERNMENT & COMMUNITIES 2013/14 GRANT FUND EXPENDITURE – BUSINESS IMPROVEMENT REVIEW UPDATE

 

A grant for $107,000 was approved by the Department of Local Government and Communities for a Business Improvement Review of the IT Vision Synergy Soft system utilised by the four Kimberley Shires. The report presented advised that the Business Improvement Review project is progressing as anticipated and indicated that workshops at each shire had been conducted and functional assessments completed.


 

 

RESOLUTION:

(REPORT RECOMMENDATION)

That the Kimberley Regional Collaborative Group notes the progress of the Department of Local Government and Communities 2013-14 Grant Funding for the Business Improvement Review of the IT Vision Synergy Soft System.

Moved: Cr Graeme Campbell                     Seconded: Cr John Moulden

                                                                                                                 Carried Unanimously 4/0

 

9.4 DEPARTMENT OF LOCAL GOVERNMENT & COMMUNITIES 2014 GRANT FUND EXPENDITURE – KIMBERLEY YOUTH STRATEGY – STAGE 1 CONSULTATION

 

The Department of Local Government and Communities has awarded $40,000 from the Youth Friendly Communities Grants Program to the Regional Collaborative Group to develop a Kimberley Youth Strategy Stage 1 - Consultation.

The agreed anticipated activities include the Zone working in partnership with young people and/or community groups to support youth participation in helping make their community youth friendly. The consultation may also be used to support the review of other relevant strategies, policies and plans, and to inform the improvement of relevant services.  This report provided an update on progress of the project.

 

RESOLUTION:

(REPORT RECOMMENDATION)

That the Kimberley Regional Collaborative Group notes the progress of the Department of Local Government and Communities 2014 Grant Funding for the development of the Kimberley Youth Strategy.

Moved: Cr John Moulden                              Seconded: Cr Malcolm Edwards

                                                                                                                 Carried Unanimously 4/0

 

9.5 REGIONAL WASTE TECHNICAL ADVISORY GROUP (TAG) – MINUTES OF MEETING

 

The Kimberley Zone Regional Council Group at its meeting 23 February 2013 resolved that

“The secretariat be authorised to establish a Kimberley Regional Waste Technical Advisory Group (TAG) to investigate and progress Waste issues for the Kimberley Region.”

The Kimberley Regional Waste TAG was established with the first meeting held on 5 April 2013. In accordance with the adopted Terms of Reference, the TAG meets every 2 months.

 

RESOLUTION:

(REPORT RECOMMENDATION)

That the Kimberley Regional Collaborative Group receives the minutes from the Regional Waste TAG meetings held 13 October 2014 and 01 December 2014.

Moved: Cr John Moulden                       Seconded: Cr Malcolm Edwards

             Carried Unanimously 4/0

CONSULTATION

 

Nil

 

STATUTORY ENVIRONMENT

 

Nil

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

The estimated costs to hold a Kimberley Zone of WALGA/RCG meeting in Christmas Island would be approximately $2,200 per person for accommodation and travel.  On the basis of two Councillors attending, in addition to two members of staff, this would cost approximately $8,800 in total.  If supported this would require consideration within the 2015/16 budget process as the meeting is to be held in December 2015.

 

STRATEGIC IMPLICATIONS   

 

Our Prosperity Goal – Create the means to enable local jobs creation and lifestyle affordability for the current and future population:

 

Affordable and equitable services and infrastructure

 

Key economic development strategies for the Shire which are aligned to regional outcomes working through recognised planning and development groups/committees

 

Our Organisation Goal – Continually enhance the Shire’s organisational capacity to service the needs of a growing community:

 

Sustainable and integrated strategic and operational plans

 

Responsible resource allocation

 

Improved systems, processes and compliance

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Receives and endorses the resolutions of the Kimberley Zone of WALGA/Regional Collaborative Group as attached in the minutes from the Joint Meeting held 9 December 2014 enbloc, excluding the resolution regarding the proposed 2015 Schedule of Meetings;

2.       Endorses the attached 2015 Schedule of Meetings subject to the proposed December 2015 meeting being held within the Kimberley Region.

 

Attachments

1.

MINUTES OF THE JOINT MEETING OF THE KIMBERLEY ZONE OF WALGA AND REGIONAL COLLABORATIVE GROUP HELD 9 DECEMBER 2014

2.

CORRESPONDENCE FROM KIMBERLEY ZONE PROJECT OFFICER DATED 12 DECEMBER 2014

  


Item 9.4.4 - MINUTES OF THE JOINT MEETING OF THE KIMBERLEY ZONE OF WALGA AND

REGIONAL COLLABORATIVE GROUP HELD 9 DECEMBER 2014

MINUTES OF THE JOINT MEETING OF THE KIMBERLEY ZONE OF WALGA AND REGIONAL COLLABORATIVE GROUP HELD 9 DECEMBER 2014

 

 

 

 
 

 


 

 

Combined Kimberley Zone of WALGA and

Regional Collaborative Group Meeting

 

 

 

 

 

MINUTES

 

 

 

 

2.00pm Tuesday 9 December 2014

 

Shire of Halls Creek

Council Chambers

71 Thomas Street

HALLS CREEK

 

Item No                                          Description                                                     Page No

1.     DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS. 3

2.     RECORD OF ATTENDANCE / APOLOGIES. 3

3.     DECLARATION OF INTEREST. 3

4.     CONFIRMATION OF MINUTES. 4

5.     BUSINESS ARISING FROM PREVIOUS MEETING.. 4

6.     PRESENTATIONS FROM REPRESENTATIVES. 4

6.1         Brenda Garstone – Empowered Communities. 4

7.     REPORTS FROM ZONE / RCG.. 5

7.1         KIMBERLEY ZONE OF WALGA & RCG MEETING RESOLUTION STATUS REPORT. 5

7.2         KIMBERLEY ZONE OF WALGA 14/15 FINANCIAL ACTIVITY REPORT. 7

7.3         2015 SCHEDULE OF MEETINGS FOR KIMBERLEY ZONE OF WALGA & RCG.. 11

7.4         RATES EXEMPTIONS. 12

7.3         2015 SCHEDULE OF MEETINGS FOR KIMBERLEY ZONE OF WALGA & RCG.. 18

7.5         TAKEAWAY ALCOHOL MANAGEMENT SYSTEM UPDATE. 21

7.6         TANAMI ROAD UPDATE. 24

8.     REPORTS FROM KIMBERLEY ZONE OF WALGA.. 29

8.1         STATE COUNCIL MEETING AGENDA AND PRESIDENTS REPORT. 29

8.2         EAST KIMBERLEY ABORIGINAL CHARTER. 31

8.3         PUBLIC LIBRARY STOCK FUNDING – REDUCTION BY STATE LIBRARY OF WA.. 35

8.4         SOCIAL LICENCE TO OPERATE AND INVEST IN THE KIMBERLEY. 41

8.5         RED TAPE REDUCTION.. 45

9.     REPORTS FROM REGIONAL COLLABORATIVE GROUP. 49

9.1         COUNTRY LOCAL GOVERNMENT FUND EXPENDITURE – KEY WORKER HOUSING PROJECT UPDATE. 49

9.2         DEPARTMENT OF LOCAL GOVERNMENT & COMMUNITIES 2012/13 GRANT FUND EXPENDITURE – RECORDS MANAGEMENT PROJECT UPDATE. 52

9.3         DEPARTMENT OF LOCAL GOVERNMENT & COMMUNITIES 2013/14 GRANT FUND EXPENDITURE – BUSINESS IMPROVEMENT REVIEW UPDATE. 55

9.4         DEPARTMENT OF LOCAL GOVERNMENT & COMMUNITIES 2014 GRANT FUND EXPENDITURE – KIMBERLEY YOUTH STRATEGY – STAGE 1 CONSULTATION.. 59

9.5         REGIONAL WASTE TECHNICAL ADVISORY GROUP (TAG) – MINUTES OF MEETING.. 62

10.   REPORTS FROM REPRESENTATIVES. 65

11.   CORRESPONDENSE. 65

12.   GENERAL BUSINESS. 65

13.   MEETING CLOSURE. 65

 

 

 

 

Kimberley Zone of WALGA / RCG

 

1.   DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS

 

The deputy chairman opened the meeting at 2.03 pm.

 

2.   RECORD OF ATTENDANCE / APOLOGIES

 

ATTENDANCE:

 

 

Rebecca Herbert

Kimberley Zone of WALGA

 

Sam Mastrolembo

Shire of Broome

 

Cr Graeme Campbell

Shire of Broome

 

Kevin Hannagan

Shire of Wyndham East Kimberley

 

Cr John Moulden

Shire of Wyndham East Kimberley

 

Cr Keith Wright

Shire of Wyndham East Kimberley

 

Rodger Kerr-Newell

Shire of Halls Creek

 

Cr Malcolm Edwards

Shire of Halls Creek

 

Cr Virginia O’Neil

Shire of Halls Creek

 

Stephen Gash

Shire of Derby West Kimberley

 

Cr Elsia Archer

Shire of Derby West Kimberley

 

Chris Green

WALGA

 

Katelyn Hegarty

WALGA – RoadWise

 

Ms Jennifer Mathews

(via teleconference)

Department Local Government and Communities

 

Brenda Garstone

Empowered Communities

 

 

APPOLOGIES:

 

 

Kenn Donohoe

Shire of Broome

 

Cr Chris Mitchell

Shire of Broome

 

Cr Ross Sullivan

Shire of Derby West Kimberley

 

Tim Bray

Kimberley Development Commission

 

Glen Chidlow

Australia’s North West Tourism

 

 

 

 

3.   DECLARATION OF INTEREST

 

·        Financial Interest

Nil

 

·        Impartiality Interest

Nil

 

·        Proximity Interest

Nil


 

4.   CONFIRMATION OF MINUTES

 

RECOMMENDATION:

 

That the Minutes of the combined Kimberley Zone of WALGA / RCG Meeting held on 3 October 2014 be confirmed as a true and accurate record of that meeting.

 

Moved: Cr John Moulden                        Seconded: Cr Malcolm Edwards

 

CARRIED UNANIMOUSLY 4/0

 

5.   BUSINESS ARISING FROM PREVIOUS MEETING

 

Nil

 

6.   PRESENTATIONS FROM REPRESENTATIVES

 

6.1            Brenda Garstone – Empowered Communities

East Kimberley Aboriginal Charter


 

7.   REPORTS FROM ZONE / RCG

 

7.1        KIMBERLEY ZONE OF WALGA & RCG MEETING RESOLUTION STATUS REPORT

 

 

LOCATION/ADDRESS:

Kimberley Region

APPLICANT:

Nil

FILE:

OGS03 & RCG01

AUTHOR:

Project Manager, Kimberley Zone of WALGA

CONTRIBUTOR/S

Nil

RESPONSIBLE OFFICER:

Project Manager, Kimberley Zone of WALGA

DISCLOSURE OF INTEREST:

Nil

DATE OF REPORT:

26 November 2014

 

 

SUMMARY:         This report provides the resolution status report from the Kimberley Zone of WALGA and Regional Collaborative Group meetings held from February 2013.

 

BACKGROUND

 

Previous Considerations

 

Kimberley Zone/ Regional Collaborative Group Meeting 2 October 2013            Item 7.1

Kimberley Zone/ Regional Collaborative Group Meeting 26 November 2013      Item 7.3

Kimberley Zone/ Regional Collaborative Group Meeting 24 February 2014                   Item 7.1

Kimberley Zone/ Regional Collaborative Group Meeting 30 April 2014                 Item 7.1

Kimberley Zone/ Regional Collaborative Group Meeting 23 June 2014                 Item 7.1

Kimberley Zone/ Regional Collaborative Group Meeting 4 August 2014               Item 7.1

Kimberley Zone/ Regional Collaborative Group Meeting 3 October 2014            Item 7.1

 

COMMENT

 

This report has been established to ensure proactive completion of meeting resolution items in a timely manner.

 

CONSULTATION/STAKEHOLDERS

 

Nil

 

STATUTORY ENVIRONMENT

 

Nil

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

The Resolution Status Report contains financial implications however they do not record discussion on funding applications which may lead to further financial implications in the future. Where financial implications are relevant these will be presented to the zone meetings for approval.

 

 

STRATEGIC IMPLICATIONS  

 

Nil

 

VOTING REQUIREMENTS

 

Simple Majority

 

RESOLUTION:

(REPORT RECOMMENDATION)

 

That the Kimberley Zone of WALGA & Regional Collaborative Group:

 

1.          Receives the attached Resolution Status Report;

 

2.          Authorises the Secretariat to proceed with co-ordinating the finalisation of outstanding action items arising from meeting resolutions.

 

Moved: Cr John Moulden                       Seconded: Cr Malcolm Edwards

 

                                                                                                                 Carried Unanimously 4/0

Attachment: 10 pages


 

7.2        KIMBERLEY ZONE OF WALGA 14/15 FINANCIAL ACTIVITY REPORT

 

 

LOCATION/ADDRESS:

Kimberley Region

APPLICANT:

Nil

FILE:

OGS03 & RCG01

AUTHOR:

Project Manager, Kimberley Zone of WALGA

CONTRIBUTOR/S

Nil

RESPONSIBLE OFFICER:

Project Manager, Kimberley Zone of WALGA

DISCLOSURE OF INTEREST:

Nil

DATE OF REPORT:

26 November 2014

 

 

SUMMARY:         This report recommends that the Kimberley Zone of WALGA and Regional Collaborative Group adopt the Financial Activity Report for the period ended 26 November 2014

 

BACKGROUND

 

Previous Considerations

 

Nil

 

COMMENT

 

Indicators and Variances

The following are the key indicators of the year to date budget position;

 

          Budget Year Lapsed                              41%

          Total Operating Income                       8%

          Total Operating Expenditure                7%

         

Committed Kimberley Regional Collaborative Group project expenditure as percentage of forecast budget;

 

          2012-13 DLGC – Records Management                         55%

          2013-14 DLGC – Business Improvement Review           16%

          2010-11 CLGF – Key Worker Housing                      100%

          2011-12 CLGF – Key Worker Housing                      27%

2014 DLGC – Kimberley Youth Strategy                       11%

 

More detailed explanations of variances are contained in the notes to the statement of financial activity.

 

CONSULTATION/STAKEHOLDERS

 

Nil

 

STATUTORY ENVIRONMENT

 

Local Government (Financial Management) Regulation 1996

34.            Financial activity statement required each month (Act s. 6.4)

      (1A)  In this regulation —

               committed assets means revenue unspent but set aside under the annual budget for a specific purpose.

      (1)     A local government is to prepare each month a statement of financial activity reporting on the revenue and expenditure, as set out in the annual budget under regulation 22(1)(d), for that month in the following detail —

                 (a)     annual budget estimates, taking into account any expenditure incurred for an additional purpose under section 6.8(1)(b) or (c); and

                 (b)     budget estimates to the end of the month to which the statement relates; and

                 (c)     actual amounts of expenditure, revenue and income to the end of the month to which the statement relates; and

                 (d)     material variances between the comparable amounts referred to in paragraphs (b) and (c); and

                 (e)     the net current assets at the end of the month to which the statement relates.

      (2)     Each statement of financial activity is to be accompanied by documents containing —

                 (a)     an explanation of the composition of the net current assets of the month to which the statement relates, less committed assets and restricted assets; and

                 (b)     an explanation of each of the material variances referred to in subregulation (1)(d); and

                 (c)     such other supporting information as is considered relevant by the local government.

      (3)     The information in a statement of financial activity may be shown —

                 (a)     according to nature and type classification; or

                 (b)     by program; or

                 (c)     by business unit.

      (4)     A statement of financial activity, and the accompanying documents referred to in subregulation (2), are to be —

                 (a)     presented at an ordinary meeting of the council within 2 months after the end of the month to which the statement relates; and

                 (b)     recorded in the minutes of the meeting at which it is presented.

      (5)     Each financial year, a local government is to adopt a percentage or value, calculated in accordance with the AAS, to be used in statements of financial activity for reporting material variances.

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

These are detailed above and in the attachment.

 

STRATEGIC IMPLICATIONS  

 

Nil

 

VOTING REQUIREMENTS

 

Simple Majority

 

 

 

 

 

RESOLUTION:

(REPORT RECOMMENDATION)

 

That the Kimberley Zone of WALGA and Regional Collaborative Group adopts the Financial Activity Report for the period ended 26 November 2014.

 

Moved: Cr John Moulden                       Seconded: Cr Malcolm Edwards

 

             Carried Unanimously 4/0

Attachment:  2 pages


 

The Chairman changed the order of business to permit Kelvin Mathews to ring in and present on item 7.3.

 

7.3        2015 SCHEDULE OF MEETINGS FOR KIMBERLEY ZONE OF WALGA & RCG

 

 

LOCATION/ADDRESS:

Kimberley Region

APPLICANT:

Nil

FILE:

OGS03 & RCG01

AUTHOR:

Rebecca Herbert

CONTRIBUTOR/S

Nil

RESPONSIBLE OFFICER:

Project Manager, Kimberley Zone of WALGA

DISCLOSURE OF INTEREST:

Nil

DATE OF REPORT:

26 November 2014

 

 

SUMMARY:         This report presents the 2015 Schedule of Meetings for the Kimberley Zone of WALGA and Regional Collaborative Group.

 


 

7.4        RATES EXEMPTIONS

 

 

LOCATION/ADDRESS:

Kimberley Region

APPLICANT:

Nil

FILE:

OGS03 & RCG01

AUTHOR:

Project Manager, Kimberley Zone of WALGA

CONTRIBUTOR/S

Nil

RESPONSIBLE OFFICER:

Project Manager, Kimberley Zone of WALGA

DISCLOSURE OF INTEREST:

Nil

DATE OF REPORT:

28 November 2014

 

 

SUMMARY:         This report recommends that the Kimberley Zone of WALGA and Regional Collaborative Group make a submission to the Department of Local Government and Communities Grant Commission in relation to Financial Assistance Grants.

 

BACKGROUND

 

The Western Australian Local Government Grants Commission (the Commission) is a statutory body established by State legislation, the Local Government Grants Act 1978.

 

Its principle function is the making of recommendations to the State Minister for Local Government on the allocations of "General Purpose Grants" amongst 138 local governments in WA. These General Purpose Grants are the State's entitlement for financial assistance from the Commonwealth Government, paid in equal quarterly instalments for a financial year, under the Australian law, Local Government (Financial Assistance) Act 1995.

 

The distribution of Commonwealth Government Financial Assistance Grants is for local government purposes, to achieve equitable levels of services, by reasonable effort.

 

The Western Australian share of Commonwealth funding for 2014-15 is $280,989,640 being 12.28% of the national allocation of $2.288 billion. This funding is untied, i.e. there are no conditions on how these funds should be spent. The allocation has increased from $274 million in 2013/14. This amount is divided into two parts, a general purpose component and a local roads component.

 

The funding provided to local governments is allocated on the basis of horizontal equalisation, to ensure that each local government in the State is able to function at a standard not lower than the average standard of other local governments. All local governments are entitled to receive at least the minimum grant. That minimum grant cannot be less than 30% of what the local government would receive if all grants were allocated on a per capita basis.

 

For the purposes of the Zone’s submission, the Kimberley Zone is only concerned with the General Purpose Grants.

 

The Balanced Budget approach has been used to calculate General Purpose Grants since 1994. The Commission calculates the equalisation requirement of each local government by assessing the revenue raising capacity and expenditure need of each local government. Five categories (called standards) have been used to calculate revenue raising ability and six categories have been used to establish expenditure need.

 

The equalisation requirement is the difference between the assessed expenditure need and the assessed revenue raising capacity of each local government. A range of disability factors have been developed by the Commission, (e.g. location, population dispersion and socio economic disadvantage), and are included in the calculation of the standards to recognise the additional costs a local government faces due to its physical or demographic characteristics.

 

The General Purpose Grants are increasing each year however the application of the new methodology for the calculation of General Purpose Grants has resulted in each of the Kimberley Shires receiving reductions over the last two years.

 

LGA

2012-13 GPG

2013-14 GPG

2014-15 GPG

2 year Reduction

2 year reduction %

SOB

2,541,483

2,287,335

2,073,797

-467,687

-22.6%

SDWK

4,738,832

4,264,949

4,318,461

-420,372

-9.7%

SHC

3,628,719

3,421,106

3,471,743

-156,976

-4.5%

SWEK

3,066,768

2,760,091

2,797,996

-268,772

-9.6%

 

These reductions in General Purpose funding have a significant adverse impact on the ability of Shire’s to provide services and it has resulted in the erosion of rate increases to cover the loss of operating revenue.

 

The average revenue capacity is calculated based on valuation and assessment data sourced from the Valuer General (Landgate). The average revenue capacity of the Kimberley local governments is significantly overstated due to the presence of non-rateable assessments being included.

 

 

Shire Data

Landgate Data

2014-15 Budget Revenue

LGA

# Rateable Properties

# Non-Rateable Properties

# Rateable Properties

# Non-Rateable Properties

SOB

6,561

686

6,455

283

18,988,475

SDWK

1,882

501

1,680

1,801

6,362,511

SHC

615

870

352

435

2,106,397

SWEK

2,685

808

2,593

2,790

9,174,018

 

 

Shire Data

Landgate Data

% of Over Valuation by Landgate

LGA

Sum Rateable Values

Sum Non-Rateable Values

Sum Rateable Values

Sum Non-Rateable Values

SOB

285,318,741

30,302,892

300,379,847

130,849,891

103%

SDWK

68,120,650

5,836,495

94,474,859

60,704,673

140%

SHC

27,857,649

9,024,174

41,079,895

33,028,942

123%

SWEK

278,639,928

34,047,173

417,891,784

360,378,876

138%

 

The Grants Commission has recently contacted the Valuer General regarding this issue and concluded that valuations and assessments that have been requested by the local government are included in the data sourced for the Grant determinations despite whether or not they are actually generate a levied rate. For properties that are not rated by the local government, they can have these removed from the Valuer General data base.

 

COMMENT

 

At the August 2014 CEO’s meeting the issue of non-rateable and exempt properties having a significant impact in the Kimberley, and links with the issue generally of increased use of services without the contribution of the offsetting rate revenue was discussed, the Executive Group decided to look at making a submission to the Department of Local Government and Communities Grant Commission for consideration for the following year’s grant determination, making recommendations on calculations and rationale within the balanced budget that we consider are both fair and equitable and truly recognise the additional costs incurred by local governments due to their physical and demographic circumstances, better reflect the true expenditure needs and better represent the true revenue raising capacity.

 

The secretariat is in the process of developing a submission which will outline the evaluation of the Financial Assistance Grants Calculations and Methodology for Disabilities, Expenditure and Revenue.

 

Information to date indicates the following recommendations be proposed in the submission to the Grants Commission;

·    Commence a review of Local Government Act 1995 and Land Administration Act 1992 to either:

1.   Remove exemptions

2.   Redirect revenue paid to the treasurer by Government Trading Enterprises under the principle of ‘competitive neutrality, ’back into Local Governments

·    The average revenue capacity is calculated based on valuation and assessment data sourced from the Valuer General (Landgate). Each Shire needs to resubmit this information to Landgate so that the average revenue capacity is not overstated due the presence of non-rateable assessments being included.

·    Each Shire needs to request the Valuer General data base remove properties that are not rated by the local governments.

·    We recommend a ‘road distance’ percentage share of 10% be incorporated as a factor in the Aria+ calculation for the Location Disability.

·    We recommend that ‘Census Night Population’ statistics be used in the calculations for population share instead of ABS ‘Usual Resident Population’.

·    We recommend a 20% Indigenous undercount be added to the ASB statistics.

·    We recommend a 4% increase per annum across each shire for 2017 and 2021 instead of the WAT forecast for the Growth Disability.

·    If Population dispersion remains to exclude Indigenous Communities, then the number of Indigenous communities must be included as an additional factor in the Indigenous Disability.

·    We recommend a ‘Heat’ factor be incorporated into the calculation to support the true electricity cost of cooling buildings in the Climate Disability.

·    We recommend that a ‘Cyclone’ factor be incorporated into the calculation to support the true risk of cyclone impact in the Climate Disability.

·    We recommend an ‘Indigenous Service’ factor to take into consideration the number of Indigenous communities, be incorporated into the calculation for the Indigenous Disability.

·    We recommend that the Kimberley Shire’s be incorporated into the Regional Centre disability allowance, and be allocated a regional centre relativity of 5.

·    We recommend that the Actual Total Assessments figures be used in the ‘Balanced Budget’.

·    We recommend that a factor be incorporated into the Recreation and Culture Standard to acknowledge the Recreation and Aquatic Centres providing regional and international services.

·    We recommend an Indigenous disability factor should be applied at 50% to take into consideration the expenditure on litter collection and vandalism for the Community Amenities Standard.

·    We recommend that a factor be included in the Law, Order and Public Safety Standard to take into consideration Transient population, Ranger services, Road distance and Fire brigade capital.

·    We recommend that the Transport Expenditure Standard incorporate Location, Population Dispersion and additional factors that acknowledge mobilisation and de-mobilisation costs and freight costs which are excessive in regional and remote areas.

·    We recommend a new Tourism Disability Factor be added.

·    We recommend a Non-Rateable/Exempt factor be included in the Revenue Standard that reduces the revenue assessment by the number and total value of Non-Rateable/Exempt properties.

·    We recommend that a factor be incorporated into the Pastoral Rates Standard to acknowledge the commercial deals (e.g. Ord Stage 2) where very low $/ha are allocated to encourage economic development.

·    Currently the Mining and Agricultural Revenue Standards have a two year lag time. We recommend that the 2013/14 figures be used.

 

Currently the four Kimberly Shires make up 6.62% of the Disability Standard, 2.41% of the Expenditure Standard and 1.37% of the Revenue Standard, should our recommendations be implemented, Disabilities would increase to 9.10%, Expenditure would increase to 2.94% and Revenue would decrease to 1.18% and thus better recognise the additional costs incurred by local governments due to their physical and demographic circumstances. As well as reflect the true expenditure needs and revenue raising capacity of the Local Governments.

 

CONSULTATION/STAKEHOLDERS

 

Department of Local Government and Communities

Shire of Broome

Shire of Derby West Kimberley

Shire of Halls Creek

Shire of Wyndham East Kimberley

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

 

6.26.         Rateable land

      (1)     Except as provided in this section all land within a district is rateable land.

      (2)     The following land is not rateable land — 

                 (a)     land which is the property of the Crown and — 

                               (i)     is being used or held for a public purpose; or

                              (ii)     is unoccupied, except — 

                                             (I)     where any person is, under paragraph (e) of the definition of owner in section 1.4, the owner of the land other than by reason of that person being the holder of a prospecting licence held under the Mining Act 1978 in respect of land the area of which does not exceed 10 ha or a miscellaneous licence held under that Act; or

                                            (II)     where and to the extent and manner in which a person mentioned in paragraph (f) of the definition of owner in section 1.4 occupies or makes use of the land; and

                 (b)     land in the district of a local government while it is owned by the local government and is used for the purposes of that local government other than for purposes of a trading undertaking (as that term is defined in and for the purpose of section 3.59) of the local government; and

                 (c)     land in a district while it is owned by a regional local government and is used for the purposes of that regional local government other than for the purposes of a trading undertaking (as that term is defined in and for the purpose of section 3.59) of the regional local government; and

                 (d)     land used or held exclusively by a religious body as a place of public worship or in relation to that worship, a place of residence of a minister of religion, a convent, nunnery or monastery, or occupied exclusively by a religious brotherhood or sisterhood; and

                 (e)     land used exclusively by a religious body as a school for the religious instruction of children; and

                   (f)     land used exclusively as a non‑government school within the meaning of the School Education Act 1999; and

                 (g)     land used exclusively for charitable purposes; and

                  (h)     land vested in trustees for agricultural or horticultural show purposes; and

                   (i)     land owned by Co‑operative Bulk Handling Limited or leased from the Crown or a statutory authority (within the meaning of that term in the Financial Management Act 2006) by that co-operative and used solely for the storage of grain where that co-operative has agreed in writing to make a contribution to the local government; and

                   (j)     land which is exempt from rates under any other written law; and

                  (k)     land which is declared by the Minister to be exempt from rates.

      (3)     If Co‑operative Bulk Handling Limited and the relevant local government cannot reach an agreement under subsection (2)(i) either that co-operative or the local government may refer the matter to the Minister for determination of the terms of the agreement and the decision of the Minister is final.

      (4)     The Minister may from time to time, under subsection (2)(k), declare that any land or part of any land is exempt from rates and by subsequent declaration cancel or vary the declaration.

      (5)     Notice of any declaration made under subsection (4) is to be published in the Gazette.

      (6)     Land does not cease to be used exclusively for a purpose mentioned in subsection (2) merely because it is used occasionally for another purpose which is of a charitable, benevolent, religious or public nature.

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

These are detailed in the attachment.

 

STRATEGIC IMPLICATIONS  

 

The Kimberley Regional Business Plan 2014-2018

 

Goal 1- Governance: A collaborative group demonstrating strong Regional Governance

 

·    Outcome 1.4 Business efficiency and improved services through collaboration

 

·    Strategy 1.4.1 Promote and facilitate mutually beneficial, cost efficient shared services arrangements

 

·   Action 1.4.1.1 Identify key services requiring further collaborative effort to enhance delivery outcomes across the region, dependent on business cases as opportunities arise.

 

VOTING REQUIREMENTS

 

Simple Majority

 

RESOLUTION

(REPORT RECOMMENDATION)

 

That the Kimberley Zone of WALGA and Regional Collaborative Group notes the progress made on the submission to the Department of Local Government and Communities Grant Commission.

 

Moved: Cr Graeme Campbell               Seconded:  Cr Malcolm Edwards

 

             Carried Unanimously 4/0

Attachment:  Nil

 

Order of Business was changed by the Chairperson to permit Brenda Garstone from Empowered Communities to present on the East Kimberley Charter.

 

The Director General Jennifer Mathews from the Department of Local Government and Communities phoned in via teleconference with Scott Hollingsworth and Kelly McIntyre, the following matters were discussed;

·    A status update of the department’s position on municipal service delivery to remote indigenous communities and support being provided to the Kimberley Local Governments was provided. It was noted that the Department of Regional Development will be the lead agency and that consultants will be engaged in the New Year to begin consultation and to develop an Investment Strategy to support the direction of funds and investment into sustainable communities.

·    The Remote Aboriginal Committee is going to be established in the new year once the strategic approach has been determined.

·    It was also noted that further funding of approximately $6M under the Country Local Government Fund for Capacity Building Initiatives will be available over the next few years.

·    Regional subsidiaries are progressing well.

 

Rebecca provided an update on the development of the Kimberley Youth Strategy and a briefing note will be provided to the Department.

 

The Chairman changed the order of business to consider item 7.3 as Kelvin Mathews, CEO Shire of Christmas Island phoned in via teleconference.


 

7.3        2015 SCHEDULE OF MEETINGS FOR KIMBERLEY ZONE OF WALGA & RCG

 

 

LOCATION/ADDRESS:

Kimberley Region

APPLICANT:

Nil

FILE:

OGS03 & RCG01

AUTHOR:

Rebecca Herbert

CONTRIBUTOR/S

Nil

RESPONSIBLE OFFICER:

Project Manager, Kimberley Zone of WALGA

DISCLOSURE OF INTEREST:

Nil

DATE OF REPORT:

26 November 2014

 

 

SUMMARY:         This report presents the 2015 Schedule of Meetings for the Kimberley Zone of WALGA and Regional Collaborative Group.

 

BACKGROUND

 

Previous Considerations

 

Kimberley Zone/ Regional Collaborative Group Meeting 3 October 2014            Item 12.2

 

COMMENT

 

At the 3 October Zone/RCG Meeting in Derby, a resolution was proposed to schedule four face to face Zone/RCG meetings in 2015, in addition to holding video conference meetings as required for consideration of the WALGA State Council Agenda, with meetings scheduled for;

·    March 2015 - Darwin - Joint Kimberley/ Pilbara/ Northern Territory Forum

·    August 2015 - Perth - Local Government Week

·    October 2015

·    December 2015

 

A proposed schedule of dates for meeting in 2015 is attached for consideration. Please note, dates have been proposed to avoid clashes with member ordinary meetings of Council.

 

CONSULTATION/STAKEHOLDERS

 

Consultation has occurred between the four individual Kimberley Shire Councils, the Pilbara Regional Council, WALGA, KDC and ALGA to determine the dates for the 2015 Schedule of Meetings for the Kimberley Zone of WALGA and RCG.

 

STATUTORY ENVIRONMENT

 

Nil

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

Nil

 

 

STRATEGIC IMPLICATIONS  

 

Nil

 

VOTING REQUIREMENTS

 

Simple Majority

 

REPORT RECOMMENDATION:

 

That the Kimberley Zone of WALGA & Regional Collaborative Group:

 

1.          Receives the attached 2015 Schedule of Meetings;

 

MAY 2-5 SAT-TUE

Kimberley/Pilbara/NT Joint Annual Forum

Darwin

AUG 3-4 MON-TUE

Zone & RCG Meeting

Perth

OCT 5-6 MON-TUE

Zone & RCG Meeting

Derby

DEC 3-5 THUR-SAT

Zone & RCG Meeting

Christmas Island

 

2.          Endorses the attached 2015 Schedule of Meetings

 

Attachment: 3 pages

 

Kelvin Mathew joined the meeting via teleconference to convey the Shire of Christmas Island’s appreciation and support for the recommendation to schedule the Kimberley Zone meeting for Christmas Island in December 2015.

 

RESOLUTION:

 

That the Kimberley Zone of WALGA & Regional Collaborative Group:

 

1.          Receives the attached 2015 Schedule of Meetings;

 

FEB 27 FRI

Zone & RCG Meeting

Derby

MAY 2-5 SAT-TUE

Kimberley/Pilbara/NT Joint Annual Forum

Darwin

AUG 3-4 MON-TUE

Zone & RCG Meeting

Perth

DEC 3-5 THUR-SAT

Zone & RCG Meeting

Christmas Island (Subject to member Council approval)

 

2.          Endorses the attached 2015 Schedule of Meetings

 

Moved: Cr John Moulden                       Seconded: Cr Malcolm Edwards

 

             Carried Unanimously 4/0


 

7.5        TAKEAWAY ALCOHOL MANAGEMENT SYSTEM UPDATE

 

 

LOCATION/ADDRESS:

Kimberley Region

APPLICANT:

Nil

FILE:

OGS03 & RCG01

AUTHOR:

Director Community Development, Shire of Wyndham East Kimberley

CONTRIBUTOR/S

Nil

RESPONSIBLE OFFICER:

Acting Chief Executive Officer, Shire of Wyndham East Kimberley

DISCLOSURE OF INTEREST:

Nil

DATE OF REPORT:

28 November 2014

 

 

SUMMARY:         This report provides an update as to the status of the establishment of a 12 month trial of a Takeaway Alcohol Management System (TAMS) for the Shire of Wyndham East Kimberley.

 

BACKGROUND

 

The Kununurra Wyndham Alcohol Accord is a voluntary co-operative arrangement that aims to reduce the alcohol related harm that is caused by excessive drinking.

 

The Kununurra Wyndham Alcohol Accord first proposed a Takeaway Alcohol Management System (TAMS) to the Department of Racing, Gaming and Liquor for endorsement in February 2012. The Department did not endorse the proposal with the feedback that the Director was unable to endorse the TAMS method due to ramifications beyond the Liquor Control Act.  Therefore any such initiative would need to be on a voluntary basis.

 

While it was clear that the TAMS option would need to be a voluntary initiative the Accord revisited the proposal in 2013. 

 

COMMENT

 

In the course of revisiting the proposal, a multitude of concerns have been raised about the TAMS.  These include the privacy, procedures if the system fails (power failure etc.) and people having difficulty obtaining suitable ID.  It is the opinion of the Shire of Wyndham East Kimberley, and some members of the Accord, that with good policy and procedures, all of these these barriers can be overcome. 

 

In addition to the operational barriers however, Licensees stated on 24 July 2014 that they are “supportive of a TAMS trial, subject to no direct costs being incurred by the individual operators” and “we are not prepared to bear any of the costs associated with the installation or ongoing running costs or maintenance of the system”.

 

In response, the Accord sought funding for the rental of the equipment required $13,500.  Regional Development Australia has agreed to provide $6,567.00 and the Kimberley Zone the remaining $6,933.

 

The Accord was made aware of the availability of this funding at the 21 October Accord Meeting.  On 11 November, a response was received from two hotels listing specific terms under which they would conduct the trial.  These terms include assurance that the accord would cover any additional costs such as staff wages, and that the desired outcomes are documented prior to the trial commencing. 

 

To address the concerns currently presented, the following actions are outstanding:

·    Develop endorsed performance measures for the TAMS trial

·    Seek support from Department of Racing Gaming and Liquor in monitoring the performance of the TAMS

·    Seek support from Drug and Alcohol Office in monitoring the performance of the TAMS

·    Develop a community engagement strategy for the TAMS.

 

The Shire of Wyndham East Kimberley has therefore proposed that the next Accord meeting be a Strategic Planning Session scheduled for 2 December 2014 to review the existing Accord strategies, particularly TAMS and the additional requests made, and to identify new strategies to be included in the Accord document. 

 

The actions listed are currently on hold awaiting the outcomes of the 2 December Alcohol Accord Strategic Planning Meeting. 

 

CONSULTATION/STAKEHOLDERS

 

Consultation regarding the TAMS has taken place with all Alcohol Accord members through the Alcohol Accord Meetings.

 

STATUTORY ENVIRONMENT

 

Restrictions on the Sale and supply of packaged liquor in Kununurra and Wyndham were introduced under section 64 of the Liquor Control Act 1988.

 

The current mandated restrictions in Kununurra and Wyndham as implemented in November 2012 are attached.

 

The Department of Racing, Gaming and Liquor did not endorse the TAMS proposal with the feedback that the Director was unable to endorse the TAMS method due to ramifications beyond the Liquor Control Act.

 

POLICY IMPLICATIONS

 

There are no policy implications associated with this report.

 

FINANCIAL IMPLICATIONS

 

The Kimberley Zone has agreed to provide $6,933 towards this TAMS trial.

 

STRATEGIC IMPLICATIONS  

 

Nil

 

VOTING REQUIREMENTS

 

Simple Majority


 

RESOLUTION:

(REPORT RECOMMENDATION)

 

That the Kimberley Zone of WALGA and Regional Collaborative Group note this Takeaway Alcohol Management System update report.

 

Moved: Cr Graeme Campbell               Seconded: Cr John Moulden

 

             Carried Unanimously 4/0

Attachment: Nil


 

 

7.6        TANAMI ROAD UPDATE

 

 

LOCATION/ADDRESS:

Kimberley Region

APPLICANT:

Nil

FILE:

OGS03 & RCG01

AUTHOR:

Chief Executive Officer, Shire of Halls Creek

CONTRIBUTOR/S

Nil

RESPONSIBLE OFFICER:

Chief Executive Officer, Shire of Halls Creek

DISCLOSURE OF INTEREST:

Nil

DATE OF REPORT:

14 November 2014

 

 

SUMMARY:         This report provides an update as to the status of the Shire of Halls Creek to progress the sealing of the Tanami Road.

 

BACKGROUND

 

The Tanami Road runs from Alice Springs in the Northern Territory to the Great Northern Highway just north of Halls Creek in Western Australia for a total of 1,010km with 753km remaining unsealed between Halls Creek, WA and Yuendumu, NT.  The condition of the road varies from gravel road to unformed road with poor sight lines, corrugated surfaces, washouts and excessive dust generation.  The road is maintained by the Territory Government in the Northern Territory and the Shire of Halls Creek in Western Australia.  The Shire sources funding for the maintenance of the road from the Federal and State Governments in the form of the Financial Assistance Grant for roads, regional roads funding from Main Roads Australia and grants for flood damage repair.

 

The road currently serves a number of important functions which include:

•       Access to the communities of Billiluna, Balgo and Mulan

•       Access for mining and pastoral activities

•       Access for tourism

 

For the communities the current condition of the road severely affects:

•       Community based health and community services,

•       Access to health and community services in Halls Creek and beyond

•       The cost of living on country

•       Employment and economic development opportunities; and

•       Connection to country

 

The mining and pastoral sectors are limited in their development as the road is a major barrier to transporting supplies in and products out due to the high cost in terms of time, vehicle maintenance and fuel.  In addition the closure of the road during the wet season stops freight and produce moving in and out of the area.  Tourism is restricted to those tourists with appropriate vehicles and experience to drive to the conditions of the unsealed road.

 

The Shire considers that the sealing of the road would bring the following benefits:

Enhanced Accessibility and Connectivity for Aboriginal Communities, delivering on Closing the Gap in:

•       Health

•       Economic development – both employment and enterprise opportunities

•       Community

•       Culture

 

Improve economic development opportunities for growth and diversification by enhancing Accessibility for the following sectors:

•       Mining – Improved access and reduction in costs

•       Agriculture – support growth, diversification and sustainability

•       Tourism – Increase tourist numbers and diversity

 

Improve Liveability in the Shire, Region and Northern Australia:

•       Reducing cost of living

•       Improving access

 

Accessibility for Defence Purposes:

•          Decrease response times to deliver humanitarian aid and disaster relief

•       Enhance border security and protection of resources

•       Participate in joint defence exercises with neighbours and allies

 

Over the last year the importance of the road in the local, regional and national infrastructure has been supported in a number of federal and State Government Strategies:

 

•          Pivot North report, which has been released as part of the Inquiry into Developing Northern Australia, includes the sealing of the Tanami in one of its 7 Priority Recommendations to the Federal Government.

•          Western Australia State Planning Strategy 2050 identifies the road as a major road into the north west of the State from the rest of Australia

•          Draft 2036 and Beyond: Regional Blueprint for the Kimberley, Kimberley Development Commission, sees it as a vital part of the pipeline of Infrastructure and Service projects that will achieve the key economic outcomes for the region. 

 

Life in the communities of Billiluna, Balgo and Mulan will improve markedly if the road is sealed from the border to Halls Creek as it will increase access to services in the region, decrease the cost of goods and services in the communities and increase connectivity to country and culture for those living away from country.  In the mining, tourism and agricultural sectors enhanced accessibility and connectivity will be achieved boosting investment and employment in the area.  Freight logistics can be vastly improved and this will in turn improve liveability in the shire and the region. It will also decrease the sense of isolation for those living in the area.  Employment and enterprise opportunities for those living in the communities along the Tanami will improve even more with increased tourism, mining and agricultural activity in the immediate area.

 

The sealing of the Tanami Road is the priority infrastructure project for the Shire, the Kimberley Region and Northern Australia.  The Shire will continue to advocate for and support the project at all levels of government as well as continue to build on the work we have already undertaken in building a business case for the project and seeking funding to undertake the work. A briefing paper on the upgrade has been prepared by the Shire and is attached to this report.

 

COMMENT

 

At the Regional Cabinet Meeting in Kununurra the Shire President and CEO met with the Minister of Transport to discuss the Tanami upgrade.  Both the Deputy Premier and Premier have visited the Shire in recent weeks along with the Minister of Aboriginal Affairs.  The Premier has confirmed that there is State support for upgrading the Tanami Road.

 

At the September COAG meeting with the Northern Territory Chief Minister and the Western Australian Premier the Prime Minister requested a position paper on the upgrade be prepared for the Senior Officials Reference Group on Northern Australia.  This was subsequently prepared by the Northern Territory Government administration.  Further to this the Northern Territory is in the process of preparing a business case for upgrading the Tanami Road on both sides of the border for the total length of the road.  This work includes both a financial cost/benefit report and an engineering report.  It will draw on work previously undertaken by the Northern Territory government and the Shire of Halls Creek.  It is expected that this report will be completed in the first week of December. 

 

CONSULTATION/STAKEHOLDERS

 

The Shire has received many letters of support for the upgrade from both WA and NT politicians across the political spectrum, development organisations in both the State and the Territory, Aboriginal communities and those in the pastoral, resources and transport sectors.

 

STATUTORY ENVIRONMENT

 

Nil

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

Nil

 

STRATEGIC IMPLICATIONS  

 

Kimberley Strategic Community Plan 2014 – 2024

 

Goal 3 - Built Environment: Improved and secure transport, communications, community and essential services

 

·    Outcome  3.2 Improved regional arterial road network, ports and airports

 

·    Strategy 3.2.1 Develop and provide input to regional transport priorities, policies and plans

 

Goal 5 - Economy: A sustainable and diverse economy

 

·    Outcome  5.1 Generational advantage that captures the wealth for the region

 

·    Strategy 5.1.1 Support regional partnerships with both private and public sector for future investment in the region

 

VOTING REQUIREMENTS

 

Simple Majority


 

RESOLUTION:

(REPORT RECOMMENDATION)

 

That the Kimberley Zone of WALGA and Regional Collaborative Group notes the progress being made on the proposal to upgrade the Tanami Road.

 

Moved: Cr John Moulden                       Seconded: Cr Malcolm Edwards

 

             Carried Unanimously 4/0

Attachment:  27 pages


 

8.   REPORTS FROM KIMBERLEY ZONE OF WALGA

 

8.1        STATE COUNCIL MEETING AGENDA AND PRESIDENTS REPORT

 

 

LOCATION/ADDRESS:

Kimberley Region

APPLICANT:

Nil

FILE:

OGS03

AUTHOR:

Project Manager, Kimberley Zone of WALGA

CONTRIBUTOR/S

Nil

RESPONSIBLE OFFICER:

Project Manager, Kimberley Zone of WALGA

DISCLOSURE OF INTEREST:

Nil

DATE OF REPORT:

26 November 2014

 

 

SUMMARY:         As the Kimberley Zone of WALGA and Regional Collaborative Group meeting has been held out of alignment with WALGA’s State Council meeting, the State Council Agenda and Presidents Report has already been received for member consideration prior to this meeting of the Zone/RCG.

 

BACKGROUND

 

Previous Considerations

 

Nil

 

COMMENT

 

For Member consideration

 

CONSULTATION/STAKEHOLDERS

 

Nil

 

STATUTORY ENVIRONMENT

 

Nil

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

Nil

 

STRATEGIC IMPLICATIONS  

 

Nil

 

VOTING REQUIREMENTS

 

Simple Majority

 

 

 

RESOLUTION:

(REPORT RECOMMENDATION)

 

That the Kimberley Zone of WALGA notes the State Council Meeting Agenda and Presidents Report.

 

Moved:  Cr John Moulden                      Seconded:  Cr Graeme Campbell

 

             Carried Unanimously 4/0

Attachment 1: 248 pages

Attachment 2: 4 pages


 

8.2        EAST KIMBERLEY ABORIGINAL CHARTER

 

 

LOCATION/ADDRESS:

Kimberley Region

APPLICANT:

Nil

FILE:

OGS03

AUTHOR:

Project Manager, Kimberley Zone of WALGA

CONTRIBUTOR/S

Nil

RESPONSIBLE OFFICER:

Project Manager, Kimberley Zone of WALGA

DISCLOSURE OF INTEREST:

Nil

DATE OF REPORT:

11 November 2014

 

 

SUMMARY:         The Wunan Foundation is seeking support from Local Government for the East Kimberley Aboriginal Charter.

 

BACKGROUND

 

Department of the Prime Minister and Cabinet is making substantial progress in meeting the Government’s key election commitments in Indigenous Affairs. Actions undertaken include:

·    Moving the administration of more than 150 Indigenous programmes and services, from eight different government departments, into the Department of the Prime Minister and Cabinet.

·    Establishing the Prime Minister’s Indigenous Advisory Council.

·    Implementing the $28.4 million Remote School Attendance Strategy.

·    Commissioning a review of Indigenous employment and training programmes.

·    Providing up to $45 million to fast-track the implementation of a demand-driven Vocational Training and Employment Centres training model.

·    Providing $5 million to support the design of the Empowered Communities initiative.

·    Working to build support for a successful referendum to recognise the first Australians in our Constitution.

 

The Australian Federal Government has committed $5 million to support the Empowered Communities initiative that aims to strengthen local leadership and governance and build strong, healthy, prosperous and safe communities. The Government is working in partnership with key Indigenous leaders from eight regions across Australia, representatives from corporate Australia and a number of organisations as part of this process to lead the design work.

 

The project aims to design a new governance model for the regions to ensure more customised and coordinated government initiatives and to provide greater empowerment of local Indigenous leaders over the activities in their communities. The model aims to achieve greater coordination of government policy and it will ensure that government investment is informed by local leaders and targeted to make a genuine and practical difference to the lives of Indigenous people.

 

The eight regions involved are Cape York, Central Coast of NSW, Inner Sydney, Goulburn Murray, East Kimberley, West Kimberley, APY/NPY Lands and North East Arnhem Land.

 

Empowered Communities Steering Committee member Ian Trust from Wunan in Western Australia is actively leading this initiative.

 

Wunan is an Aboriginal development organisation in the East Kimberley, with a clear purpose and strategy to drive long-term socio-economic change for Aboriginal people by providing real opportunities, investing in people’s abilities, and by encouraging and rewarding aspiration and self-responsibility. A key objective for Wunan is to shift the balance of dependence of Aboriginal people on welfare from 80% to 20% over 20 years. This objective is based on a clear guiding philosophy that Aboriginal success grows from investing in people’s ability, real opportunity, and reward for effort. Wunan facilitate long term and sustainable change by focusing on five strategic priorities:

·    Education

·    Employment

·    Accommodation & housing

·    Living Change

·    Foundations

 

Wunan developed the initiative now known as Living Change, which is a community-led, place-based initiative for cultural, economic and social renewal in the East Kimberley. The idea was to develop a responsibility framework that could be adopted and adapted by any community in the region that wanted to take difficult but positive steps to tackle the cycle of dysfunction that is driven by the absence of responsibility, and so enable Aboriginal success.

 

At this stage, Wunan has been funded by the Australian and State Government to report on the feasibility of implementing Living Change in one East Kimberley community: Halls Creek.

 

Living Change has two components:

1.   Aboriginal leaders driving the re-establishment of individual and parental responsibility as a base for cultural, economic and social renewal, built on four elements:

Communities agreeing a set of responsibilities (e.g. children attend school every day)

Establishing a panel of community leaders (possibly with statutory authority) to work with people who are not meeting the community-agreed responsibilities

The panel using case managers to connect those people with appropriate support services (e.g. drug and alcohol counselling) to help them meet their responsibilities

Encouraging those who start to meet the responsibilities, while using income management as a tool to support those who continue to not meet the responsibilities or fail to engage with support services

2.   An opportunity component that involves business, government and the not-for-profit sector ensuring access to high standard opportunities in education, employment and housing for responsible families and communities committed to difficult social change. Those opportunities might include access to good boarding schools, fly-in fly-out mining jobs and a housing model that enables working people to transition from public housing to private rental and home ownership.

 

By relying on community-based decision making and Aboriginal leadership, Living Change increases community independence, respect and responsibility for tackling current problems, rather than seeking to blame outsiders. By establishing a set of responsibilities, it sends a clear signal to community members about the base conditions that underpin a cohesive and vibrant community. By seeking additional opportunities for families and communities committed to positive change, it rewards those who are willing to help themselves and challenges prevailing notions about getting something for nothing.

 

In December 2012, Wunan provided to the Australian and Western Australian Governments a scoping study on implementing Living Change in Halls Creek. This study was based on nearly two years of community consultation and policy design. It makes four recommendations on actions governments should take to support the implementation of Living Change;

·    Implementation of the individual and parental responsibility component of Living Change be supported by the:

State Government passing legislation to establish a panel of community leaders in Halls Creek as a statutory authority, and

Australian Government amending the Social Security (Administration) Act 1999 to enable the panel to make income management decisions.

·    Educational opportunities supporting Living Change:

State Government ensure that all steps are being taken, and sufficient resources are being provided, to radically lift school attendance and performance in Halls Creek, and

Both Governments consider permanent funding for the Dural initiative if the pilot is successful.

·    Employment opportunities supporting Living Change:

Both Governments consider supporting a 12-month trial of a fly-in, fly-out initiative for job seekers in and around Halls Creek looking to work in the Pilbara.

·    Housing opportunities supporting Living Change:

State Government meet the cost of a major land release in Halls Creek for transitional housing and consider other options for correcting the distorted housing market in Halls Creek.

 

COMMENT

 

In conjunction with the Living Change Report, Wunan has developed an East Kimberley Aboriginal Charter which outlines a commitment by Aboriginal people to make positive change to their lives and seeks the support of Government, business and the broader community to support the Living Change initiatives.

 

The mutual agreement requires Aboriginal people to:

·    Ensure all kids attend school; that they may compete for the opportunities in life.

·    Ensure all able bodied adults work; that they may find purpose and economic prosperity.

·    Ensure all tenancy obligations are met; that living conditions may improve and better housing opportunities are made available.

·    Ensure that vulnerable people, young and old, are cared for; that they feel secure and loved.

·    Ensure that no crimes are committed; that individuals and families enjoy safe and supportive community life.

 

The mutual agreement requires the broader community to:

·    Create mechanisms by which the Aboriginal community is empowered to provide solutions and support for individuals and families to uphold these essential responsibilities; and ultimately to enforce them.

 

The mutual agreement requires Government, business and the broader community to:

·    Provide opportunities, appropriate funding and services, and coherent policies that provide incentives and rewards for Aboriginal people to engage.

 

CONSULTATION/STAKEHOLDERS

 

Wunan Foundation

 

STATUTORY ENVIRONMENT

 

Nil

 

POLICY IMPLICATIONS

 

As noted above part of the Charter is the agreement of Government to provide coherent policies that provide incentives and rewards for Aboriginal people to engage with the five tenets set out for Aboriginal People.  It is envisaged that the Charter would be one of the matters considered in the review of Strategic Community Plans and other strategic planning documents by Shires in the East Kimberley.

 

FINANCIAL IMPLICATIONS

 

Nil

 

STRATEGIC IMPLICATIONS  

 

The Kimberley Regional Business Plan 2014-2018

 

Goal 1 - Governance: A collaborative group demonstrating strong Regional Governance

 

·    Outcome 1.3 Effective engagement with Aboriginal governance structures

·    Strategy 1.3.1 Develop relationships and consultation processes with Aboriginal Groups at a regional level

·    Action 1.3.1.1 Develop a consultation and engagement strategy to work with Aboriginal corporations, organisations and service providers

 

Goal 4 - Community: A vibrant community based on equity, inclusion and opportunity for all

 

·    Outcome 4.5 Greater participation in the community and workforce

·    Strategy 4.5.1 Remove disincentives to participation in the workforce

·    Action 4.5.1.5 Develop a credible strategy on welfare reform

 

VOTING REQUIREMENTS

 

Simple Majority

 

RESOLUTION:

(REPORT RECOMMENDATION)

 

That the Kimberley Zone of WALGA;

 

1.   Supports the Wunan Foundation’s East Kimberley Aboriginal Charter, and

 

2.   Refers the Charter to the Western Australian Local Government Association for support.

 

Moved:  Cr Graeme Campbell                                  Seconded:  Cr John Moulden

 

          Carried Unanimously 4/0

Attachment: 1 page

 

8.3        PUBLIC LIBRARY STOCK FUNDING – REDUCTION BY STATE LIBRARY OF WA

 

 

LOCATION/ADDRESS:

Kimberley Region

APPLICANT:

Nil

FILE:

OGS03

AUTHOR:

Manager Library and Heritage / Kimberley Regional Librarian, Shire of Broome

CONTRIBUTOR/S

Nil

RESPONSIBLE OFFICER:

Deputy Chief Executive Officer, Shire of Broome

DISCLOSURE OF INTEREST:

Nil

DATE OF REPORT:

14 November 2014

 

 

SUMMARY:         This report recommends that that the Zone considers the unanticipated reduction in Library stock funding for three of the four Shires of the Kimberley as provided through the State Library of Western Australia as per an agreed-to funding model.

 

It requests that a formal letter be sent to the Minister for Culture and the Arts to reinstate the agreed-to funding of $165,000 for the 2014/15 financial year, applying a cash-flow impacting the 2014/15 financial year into the 2015/16 financial year.

 

BACKGROUND

 

Public Library services are provided in Western Australia under a joint arrangement between State and Local government that is set out under the terms of the Library Board Act (1951), its public library regulations (1985), the current framework agreement (2010), and funding model endorsed by WALGA State Council and the Library Board of Western (2012).

 

Through this arrangement, the Shires of Broome (SOB), Derby/West Kimberley (SDWK), Halls Creek (SHC), and Wyndham – East Kimberley (SWEK) are required to fund the operations of the physical library including facility costs, infrastructure, programs and staff. The State Government provides funding through the State Library of Western Australia (SLWA) for lending resources, online databases, and electronic resources. Additional levels of funding provided by individual Shires have been developed as per community demand and the ongoing use of the their Libraries as public spaces.

 

The level of funding provided to the Kimberley Zone in the 2013/14 allocation for physical lending resources was $165,000 for financial the year. The allocations for all Shires with the exception of SHC must be purchased through the joint procurement system organised by SLWA called Webselect. Stock for SHC is selected by staff at SLWA as it is considered a “non-selecting library” by SLWA. This is standard practice for Shires who are unable to employ specialist Librarians to manage stock selection.

 

The framework agreement between State and Local government is managed at a strategic level by the Strategic Library Partnership Agreement Steering Committee (SLPASC) formed in 2010 which is made up of representatives from SLWA, WALGA, Department of Local Government, Library Board of Western Australia, Local Government Managers Australia, and Public Libraries Western Australia (PLWA).

 

SLPASC suspended its operations after a consultation period undertaken in 2013 which identified a need to review the partnership agreement and address deficiencies in governance. It is awaiting a review of the governance model by WALGA which is still in the consultation phase. A report is scheduled to be tabled at the WALGA State Council Meeting in May 2015.

 

In this interim period the CEO of SLWA has remained as the Secretariat of SLPASC for its responsibilities to operational committees which had answered to SLPASC.

 

COMMENT

 

On 29 October funding allocation letters for 2014/15 were released to all applicable Local Government Authorities in WA. SOB and SDWK experienced significant and unexpected reduction of funding from the previous financial year. SWEK’s funding did not change from the previous year, and SHC’s funding was modestly reduced.

 

 

SOB

SD/WK

HC

SWEK

Total

2013/14 Allocation

$61,000

$42,000

$19,000

$43,000

$165,000

2014/15 Allocation

$38,000

$33,000

$18,000

$43,000

$132,000

Overall change

-$23,000

-$9,000

-$1,000

$0

-$33,000

% change

-38%

-21%

-5%

0%

-20%

 

Prior to the allocations being released by SLWA, applicable Public Library staff had been instructed to continue purchasing resources through Webselect using the same allocation levels as during the 2013/14 financial year. This was reiterated via weekly Webselect quota reports from 13 August 2014 through to 29 October 2014 made via SLWA’s Public Libraries Online Portal.

 

The change in allocation is due largely in part to a decision by State Government to cash-flow a surplus of $2.75 million across three financial years instead of applying it to the 2013/14 financial year. This retrospective decision resulted in a significant budget overspend of $1.25 million which has resulted in a reduction of stock allocations state-wide.

 

The main operational impact of this decision is due to the delayed timing of the decision coupled with the previous advice received by SLWA to continue purchasing in line with the 2013/14 allocations. This will significantly reduce the ability of the affected libraries in the Zone to select available items through for the remainder of the financial year in-line with current customer demand.

 

Had SLWA informed Public Library directly as to the possibility of this budget change the likely impact it may have had on each Shire’s allocation, staff would have selected stock at a reduced rate to anticipate the changes, therefore being better positioned to continue to react to customer demand for stock throughout the remainder of the financial year. However, as Webselect does not allow for retrospective ordering, staff will now be less able to plan for new release schedules and may miss out on ordering specific items that would have otherwise been deemed critical as per their respective collection management practices.

 

In response to this situation, it is recommended that the WALGA Zone write a letter to the Minister for Culture and the Arts requesting that stock funding which was operationally agree to for each of Shire be reinstated for the 2014/15 financial year and instead, apply the reduction to the subsequent financial year.

 

Although this will negatively impact the allocation for the 2015/16 financial year, it will allow Public Library staff to adequately plan for the reduction in funding for the whole of the allocation period, thus reducing the impact to customers.

 

 

 

 

SOB

SD/WK

HC

SWEK

Total

2014/15 Allocation

$38,000

$33,000

$18,000

$43,000

$132,000

Remainder Available (12/11/14)

$13,657

$18,678

NA*

$31,401

$63,736^

Items per week until 01/07/15

21

29

NA*

49

99^

Items per week in 2013/14

57

40

NA*

40

155

*Shire of Halls Creek selection data not accessible due to selection undertaken by SLWA
^Calculations not including Shire of Halls Creek data

 

CONSULTATION/STAKEHOLDERS

 

Public Libraries Western Australia

State Library of Western Australia

Shire of Broome

Shire of Derby West Kimberley

Shire of Halls Creek

Shire of Wyndham East Kimberley

 

STATUTORY ENVIRONMENT

 

LIBRARY BOARD ACT 1951 - SECT 4

4.              Participating bodies

      (1)     A local government or an approved body —

                 (a)     shall become a participating body if and when the Governor makes a declaration to that effect;

                 (b)     shall continue to be a participating body unless and until the Governor cancels such declaration.

      (2)     Such declaration shall not be made —

                 (a)     unless a local government or an approved body elects by resolution to become a participating body;

                 (b)     if a local government does not so resolve, unless the ratepayers by a majority vote at a poll held in manner prescribed, elect that the local government becomes a participating body.

      (3)     A local government or approved body shall cease to be a participating body, if and when the Governor cancels such declaration.

      (4)     Such declaration —

                 (a)     may be cancelled if on consideration of a report from the Board, the Governor is satisfied that the local government or approved body is no longer suitable to be a participating body;

                 (b)     shall, where applicable to an approved body, be cancelled if the governing body of the approved body, resolves that it no longer remains a participating body;

                 (c)     shall, where applicable to a local government, be cancelled, if the ratepayers by a majority vote at a poll held in manner prescribed, elect that the local government no longer remains a participating body.

      (5)     Such cancellation shall not affect the liability, if any, of a local government or approved body to the Board.

               [Section 4 amended by No. 14 of 1996 s. 4.]

 

LIBRARY BOARD ACT 1951 - SECT 15

15.            Functions and powers of the Board

      (1)     It shall be the duty of the Board to —

              (Aa)     control and manage The State Reference Library; and

                 (a)     assist participating bodies in any scheme; and

                 (b)     advise the Minister and participating bodies on matters of general policy relating to any scheme; and

                 (c)     register as registered public libraries such libraries as are approved by the Board and as are controlled by participating bodies; and

                 (d)     inspect or cause to be inspected libraries and library services, the controlling bodies of which apply for allocations in the distribution of any grant of money made available by Parliament to assist registered public libraries and registered public library services and to recommend to the Minister the allocation of any such grant as between respective applicants; and

                 (e)     carry out such other functions in connection with registered public libraries as the Governor from time to time directs.

      (2)     The Board —

                 (a)     may provide, control and manage libraries and library services; and

                 (b)     may provide for the training of persons to carry out the duties of librarians and library assistants, such training to conform to the requirements of the Library Association of Australia; and

                 (c)     may perform the functions conferred on the Board under the Legal Deposit Act 2012.

               [Section 15 amended by No. 20 of 1955 s. 9; No. 29 of 1974 s. 5; No. 10 of 2012 s. 24.]

 

LIBRARY BOARD ACT 1951 - SECT 18

18.            Financial assistance

               The Board may —

                 (a)     subsidise a registered public library conducted by a participating body to the extent of one dollar for each dollar expended by the participating body on its maintenance, including the costs of library services and salaries, but subject to such conditions as may be prescribed;

                 (b)     recommend to the Minister the payment of additional grants over and above the subsidy referred to in the last preceding paragraph to participating bodies for initial stocking in special cases, having regard among other things to the area of the district of a local government which is a participating body, the population of that area, the rateable land in that area, and the potential revenue available to the local government apart from the provisions of this Act;

                 (c)     subject to the approval of the Governor and to such conditions as the Governor thinks fit to impose, borrow money for the purposes of this Act.

               [Section 18 amended by No. 20 of 1955 s. 11; No. 113 of 1965 s. 4; No. 14 of 1996 s. 4.]

 

FRAMEWORK AGREEMENT BETWEEN STATE AND LOCAL GOVERNMENT FOR THE PROVISION OF PUBLIC LIBRARY SERVICES IN WESTERN AUSTRALIA 2010 - SECT 5

 

5. Roles and Responsibilities of Each Party

To realise the objectives, outcomes and commitments in the Framework Agreement each party has specific

roles and responsibilities, as outlined below.

 

Both State and Local Government agree to:

·    Support a State-wide public library service that provides free access for all residents of Western Australia

 

·    Provide core products and services free of charge as detailed in public library services agreements

 

·    Operate within the expectation that State and all Local Governments will make a financial commitment to the provision of public library services

 

·    Support in good faith reform of public library services as articulated in the Structural Reform of Public Library Services in Western Australia report and that implementation of the strategies will be undertaken in accordance with a defined resourcing plan developed by the SLPASC

 

·    Support the continuation of the partnership agreement and maintain joint decision-making arrangements and accountability mechanisms through the Strategic Library Partnership Agreement Steering Committee

 

·    Support the development of additional policies, business plans, guidelines, performance and reporting

·    standards which will be adopted by both parties

 

·    Ensure that the Library Board enters into an agreement with each Local Government which will uphold the principles of the Framework Agreement

 

·    Support a regionalisation scheme for non-metropolitan Local Governments

 

·    Recognise that the shared responsibilities for public library services are applicable regardless of any formal or informal arrangements between individual Local Governments and other Government or non-Government organisations for out-sourcing or collocation of public library services

 

State Government

The State Government agrees to:

 

·    Provide financial assistance to each Local Government which operates a public library in accordance with an agreed funding formula/model

 

·    Provide resources and services, including centralised purchasing and a State-wide online catalogue, to agreed standards

 

·    Work with Local Government in implementing and supporting structural reform of public library services

 

Local Government

Local Government agrees to:

 

·      Provide physical and technological infrastructure, staffing and meet operating costs, to agreed standards

 

·