Agenda of Ordinary Meeting

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

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

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;

(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

(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

(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;

(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”.

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 9.4.4 - 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	2014-15 Budget Revenue
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	% of Over Valuation by Landgate
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:

o Communities agreeing a set of responsibilities (e.g. children attend school every day)

o Establishing a panel of community leaders (possibly with statutory authority) to work with people who are not meeting the community-agreed responsibilities

o 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

o 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:

o State Government passing legislation to establish a panel of community leaders in Halls Creek as a statutory authority, and

o Australian Government amending the Social Security (Administration) Act 1999 to enable the panel to make income management decisions.

· Educational opportunities supporting Living Change:

o 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

o Both Governments consider permanent funding for the Dural initiative if the pilot is successful.

· Employment opportunities supporting Living Change:

o 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:

o 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

[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

· Be accountable to the State Government for any financial assistance (eg grants, assets) provided by the State

· Work with the State Government in implementing and supporting structural reform of public library

· services

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

Nil to Shire budgets.

STRATEGIC IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple Majority

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

Attachment: Nil

8.4 SOCIAL LICENCE TO OPERATE AND INVEST IN THE KIMBERLEY

LOCATION/ADDRESS:	Kimberley Region
APPLICANT:	Nil
FILE:	OCG03
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 an update as to the status of the establishment of a Social Licence of Working Group.

BACKGROUND

Previous Considerations

Kimberley Zone / Regional Collaborative Group Meeting 4 August 2014 Item 8.2

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 the meeting the Social Licence Working Group was established with core membership comprising 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

Developing and maintaining a social licence to operate is rapidly becoming core business for resource companies. Community investments are just one part of the many aspects of social licence to operate but can be an important foundation for sustaining the viability of resource projects. Resource companies are making substantial investments to enhance economic and social opportunity for affected communities as part of establishing their social licence to operate. Understanding and measuring the value created by community investments drives more transparent and effective outcomes for companies, communities and other stakeholders.

Local Government’s can take a pivotal role in developing and maintaining a social license to operate, through the following;

· Issue guidelines for proponents preparing social impact management plans, outlining;

a. Community engagement strategies

b. Integrated housing and accommodation strategies

c. Community investment strategies

d. Indigenous engagement strategies

e. Community health and safety strategies

f. Workforce and training strategies

g. Land access

h. Local content policies

· Facilitating Development

o Possess a clear economic development strategy

o Speak with one regional voice

o Consult with & listen to industry; be available

o Preserve transport corridors; open land for use

o Support/develop infrastructure – roads, bridges, air links

· Facilitate Regulation and Approvals

o Policy application

o Mutual understanding regarding use of Shire roads

o Regulatory role for Exploration v Development/Production stages of life-cycle

o Assist regulatory reform – there is industry concern about duplication and delays regarding local government approvals

· Act as an Engagement Hub

o Provide a forum and space for early, open, meaningful and fact-based discussion

· Assist with Social impact assessments

· Develop Memorandums of Understanding

· Develop Partnerships

· Insist on social economic monitoring reports from companies outlining;

o Employment

§ Direct employment

§ Contractors

o Training

§ Learning centres

§ Leadership programs

§ Apprenticeships

§ Certification programs

o Community initiatives

i. Donations

ii. Events

iii. Sponsorship

iv. Social infrastructure investment and partnerships

In order for Local Government and companies/developers to engage to assist each other in meeting their strategic community goals, both opportunities for economic and community development need to be considered and agreed. Developing sustainable community development programs that contribute to the community’s long-term development needs and priorities and ensure a fairer distribution of the costs, benefits, risks and responsibilities associated with mining or development activities is key to the success of these partnerships.

There are numerous opportunities for Economic Development across the Kimberley that can be driven within future partnership arrangements, including;

· Procurement with local businesses

· Engaging local contractors

· Direct local employment

· Traineeships & Apprenticeships

· Developer Contributions

· Donations, sponsorship & grant contribution to events and community programs

· Infrastructure development

o Airport extensions

o Improvement to flight schedules

o Truck stops

o Roadhouses

o Hotels/motels

o Sealing the Tanami

o Passing lanes on the Great Northern Highway

COMMENT

Establishing a Working Group will enable the above initiatives to be considered and will demonstrate significant mutual benefit that can be gained from the shires working collaboratively towards the shared opportunities that present when pooling effort and resources.

Letters of invitation have been sent and we are still finalising the Working Group members. An initial kick off meeting is to be scheduled in the new year.

CONSULTATION

Kimberley Chief Executive Officers

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;

1. Authorises the Secretariat to request the Social Licence Working Group to research and present options back to the Kimberley Zone on opportunities Local Government’s can be involved with in developing sustainable community development programs with companies and developers,

2. Endorses the Terms of Reference for the Social Licence Working Group, as attached.

Moved: Cr John Moulden Seconded: Cr Malcolm Edwards

FOR: 2

AGAINST:2

CASTING VOTE AGAINST – MOTION LOST 2/3

Attachment: 10 pages

As the motion was lost, the matter was laid on the table. This will be referred through to member Chief Executive Officers.

8.5 RED TAPE REDUCTION

LOCATION/ADDRESS:	Kimberley Region
APPLICANT:	Nil
FILE:	OCG03
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 an update as to the status of the establishment of a Red Tape Reduction Committee.

BACKGROUND

Previous Considerations

Kimberley Zone / Regional Collaborative Group Meeting 4 August 2014 Item 8.3

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 apart of this group.”

Following the meeting the Red Tape Reduction Committee was established with core membership comprising 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

The Reducing the Burden – Report of the Red Tape Reduction Group contains 107 recommendations that provide an ambitious blueprint to significantly reduce the burden of excessive regulation and red tape on Western Australian businesses and consumers. Key recommendations include:

· reforms which aim to reduce the regulatory burden by improving the culture, performance and accountability of government agencies;

· reforms which aim to maintain an impetus and mechanisms for on-going red tape reduction by government; and

· reforms designed to address specific areas of concern raised during the consultation process. The report contains 16 specific reform chapters across a broad spectrum of government activity.

The most recent audit undertaken by the Department of Finance was conducted in November 2013:

· 49 recommendations have been completed to date;

· 23 recommendations are being progressed;

· 20 recommendations were not supported; and

· 15 recommendations have not been commenced.

Prompted by this review, WALGA recently commenced a Local Government Red Tape Reduction review. The scope of the review was relatively narrow, concentrating on red tape reduction opportunities and successes at the City of Gosnells and Town of Cambridge. The review process adopted a business process improvement approach in assessing red tape reduction opportunities and concentrated on a small number of functions and activities local government performs utilising internal procedures. This focus was therefore different to the State’s Red Tape Reduction Report which concentrated on the impact of legislation upon activity.

WALGA’s consultant is due to finalise this report for delivery to the sponsors, the Metropolitan Mayor’s Policy Forum, at the end of this year. Dependent upon funding, WALGA then hopes to increase the scope of the review to investigate and provide guidance to the Local Government sector on common opportunities for minimisation of processes that frustrate and cause delay.

COMMENT

Establishing a Committee will enable red tape reduction initiatives to be considered and will demonstrate significant mutual benefit that can be gained from the shires working collaboratively towards the shared opportunities that present when pooling effort and resources.

Letters of invitation have been sent and we are still finalising the Committee members. An initial kick off meeting is to be scheduled in the new year.

CONSULTATION

Kimberley Chief Executive Officers

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;

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

Attachment: 10 pages

9. REPORTS FROM REGIONAL COLLABORATIVE GROUP

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

LOCATION/ADDRESS:	Kimberley Region
APPLICANT:	Nil
FILE:	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 an update as to the status of the Country Local Government Fund to progress the Key Worker Housing project.

BACKGROUND

Previous Considerations

Kimberley Zone / Regional Collaborative Group Meeting 7 April 2013 Item 7.7

Kimberley Zone / Regional Collaborative Group Meeting 30 April 2014 Item 9.5

Kimberley Zone / Regional Collaborative Group Meeting 23 June 2014 Item 9.4

Kimberley Zone / Regional Collaborative Group Meeting 4 August 2014 Item 9.2

Kimberley Zone / Regional Collaborative Group Meeting 3 October 2014 Item 9.1

COMMENT

2010-11

Initial Business Cases for the 2010-11, 2011-12 and 2012-13 Funding rounds were submitted to the Department of Regional Development and approved.

A Financial Assistance Agreement for the 2010-11 Key Worker Housing project was completed and approved with funds paid to the Secretariat, that being the Shire of Wyndham East Kimberley at the time. On the 24 January 2014 the sum of $1,622,018.67 + GST was transferred to the Shire of Broome from a total of $2,492,642.64 leaving a residual amount with the Shire of Wyndham East Kimberley of $870,623.97.

2010-11 FAA Project Budget

Project Items	CLGF Funds under this Agreement ($)	Leveraged Funding ($)	Name of Leveraged Sources	Total Funds ($)
Purchase minimum of 2 established dwellings in Broome	1,622,018.67	200,000	Recipient	1,822,018.67
Purchase minimum 1 established dwellings in Wyndham-East Kimberley	870,623.97	88,498 260,878.03	SWEK SWEK* CLGF Individual 2012-13	1,220,000
TOTALS ($)	2,492,642.64	549,376.03		3,042,018.67

*Shire of Wyndham East Kimberley

The Shire of Broome has purchased four dwellings with the 2010-11 funding. These properties have been settled are in Shire ownership.

Unit 1, 17 Honeyeater Loop, Djugun

Unit 8, 83 Walcott Street, Broome

Unit 8, 6 Ibis Way, Djugun

Unit 11, 6 Ibis Way, Djugun

The Shire of Wyndham East Kimberley has purchased two 2 bedroom 1 bathroom and one 3 bedroom 2 bathroom dwellings with the 2010-11 funding. These properties have been settled are in Shire ownership.

· 1 / 130 (Lot 260) Casuarina Way, Kununurra

· 2 / 130 (Lot 260) Casuarina Way, Kununurra

· 3 / 130 (Lot 260) Casuarina Way, Kununurra

The Secretariat has completed an Acquittal of the expenditure as per the Grant requirement and engaged RSM Bird Cameron for auditing. This Audit has been received by DRD they have issued an acquittal release letter.

2011-12

A Financial Assistance Agreement for the 2011-12 Key Worker Housing project was completed and submitted to the Department of Regional Development along with a letter of variation from the 2011-12 Business Case. These funds have been approved from the Department of Regional Development with funds paid to the Secretariat. On the 11 July 2014 the sum of $956,842 + GST was transferred to each Kimberley Shire.

The Shire of Broome has purchased two dwellings with the 2011-12 funding. These properties have been settled are in Shire ownership.

· Apartment 2, 50 Tanami Drive, Bilingurr

· Apartment 4, 50 Tanami Drive, Bilingurr

Shire of Derby West Kimberley has awarded the tender, the contract documents have been signed, the building licence has been approved and construction has commenced.

The Shire of Halls Creek has completed the design phase, planning consent and the tender been awarded.

As the Shire of Wyndham East Kimberley has resolved to withdraw from the project, the three remaining Shires have agreed to redistribute the CLGF allocation of $956,842 and source leveraged funding to deliver on the project.

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 has not been received at this stage and the Shire of Wyndham East Kimberley still remains in possession of the $956,842 until such time as DRD approve its reallocation.

2012-13

CONSULTATION

Chief Executive Officers from the four respective Kimberley Shires

Department of Regional Development

STATUTORY ENVIRONMENT

Nil

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

The Kimberley Regional Group of Councils was allocated $2,344,449, $3,827,368 and $3,827,368 respectively from the 2010/11, 2011/12 and 2012/13 CLGF Regional Component.

$956,842 from the 2011-12 CLGF is available for reallocation subject to the approval from the Department of Regional Development and Kimberley Development Commission.

$719,788 from the 2012-13 CLGF is available for reallocation subject to the approval from the Department of Regional Development and Kimberley Development Commission.

STRATEGIC IMPLICATIONS

The Kimberley Regional Business Plan 2014-2018

Goal 4 - Community: A vibrant community based on equity, inclusion and opportunity for all

· Outcome 4.1 Innovative and joined up approach to housing development, ownership and design through community partnership

· Strategy 4.1.2 Promote a planned approach to manage population growth and access to a choice of housing options

· Action 4.1.2.1 Develop and implement a regional business case for key worker housing

VOTING REQUIREMENTS

Simple Majority

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

Attachment: Nil

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

LOCATION/ADDRESS:	Kimberley Region
APPLICANT:	Nil
FILE:	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:	4 November 2014

SUMMARY: This report provides an update as to the status of the Department of Local Government & Communities funding to progress an Office 365 / SharePoint collaborative technology project incorporating records management services for the Kimberley Zone and Regional Collaborative Group.

BACKGROUND

Previous Considerations

Kimberley Zone / Regional Collaborative Group Meeting 7 April 2013 Item 7.4

Kimberley Zone / Regional Collaborative Group Meeting 5 June 2013 Item 7.8

Kimberley Zone / Regional Collaborative Group Meeting 26 November 2013 Item 9.6

Kimberley Zone / Regional Collaborative Group Meeting 24 February 2014 Item 9.6

Kimberley Zone / Regional Collaborative Group Meeting 30 April 2014 Item 9.6

Kimberley Zone / Regional Collaborative Group Meeting 23 June 2014 Item 9.5

Kimberley Zone / Regional Collaborative Group Meeting 4 August 2014 Item 9.3

Kimberley Zone / Regional Collaborative Group Meeting 3 October 2014 Item 9.2

At its meeting 5 June 2013 the Kimberley Zone Regional Collaborative Group resolved that:

“The Kimberley Regional Collaborative Group submits a grant application for funding from the Department of Local Government for the implementation of Business Intelligence systems.”

Funding was approved by the Department of Local Government on 28 June 2013 and 2012-13 grant funding of $107,000.00 excluding GST was received by the Shire of Broome, as secretariat for the Kimberley Zone / Regional Collaborative Group, on 2 July 2013.

The Kimberley Regional Collaborative Group at its meeting 24 February 2014 resolved that:

1. Endorses the recommendation to utilise Department of Local Government and Communities grant funding to offset the purchase and implementation of an Office 365 cloud based collaboration and records management system.

2. Delegate authority to the Zone secretariat to accordingly amend the funding agreement with the Department of Local Government and Communities.

3. Delegate authority to the Zone secretariat to amend the 2013/2014 Budget by the deletion of account 22141 -Business Intelligence System, and amending account 22142/23022 –Governance Records Management System.

4. Delegate authority to the Zone secretariat to engage a suitably experienced contractor to undertake required development work utilising the Department of Local Government and Communities grant funding and employ a fixed term contract records officer utilising the balance of grant funding.

A variation to Project Budget and a variation to Project Scope was submitted to the Department of Local Government and Communities and approved, outlining the request to offset the purchase and implementation of an Office 365 Cloud based collaboration and Records Management System for the Kimberley Zone, proposed to be undertaken in May 2014, with the remainder of funds to be allocated to employing a staff member to electronically scan documents.

A Records Officer was employed through the Shire of Broome to commence the scanning of all Kimberley Zone and Regional Collaborative Group files.

COMMENT

The Records Management project is progressing as anticipated with the following milestones being completed;

· All system requirement analysis and project administration has been completed.

· Development of the Record Keeping framework has been completed.

· An initial kickoff meeting with Bridged Networks was conducted.

· Subsequent phone meetings have established the user interface and technical requirements of the system.

· All licences have been purchased.

· The Office 365 / Share point and Records management system has been purchased and development is in progress.

· The domain name ‘kimberleyzone.com.au’ has been registered.

· The records officer has completed the process of scanning Zone and RCG records onto the network.

· Online training of SharePoint has been completed through connected systems.

· SharePoint online has been deployed.

· Users have been created.

· The site has been customised as per the Zone/RCG specification.

· All OGS03 files have been transferred to SharePoint, the Combined and RCG01 files are in the progress of being transferred.

· Meta data is being collated for the Records Management.

An Interim Grant Acquittal for the Regional Business Plan – 2012/2013 Business Intelligence System Grant funding for the Office 365 Share point and Records Management System has also been submitted to the Department of Local Government and Communities.

CONSULTATION

IT Technical Advisory Group

Bridged Networks (Telstra Microsoft Office 365 reseller)

Connected Systems (Microsoft Partner)

STATUTORY ENVIRONMENT

Nil

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

This project is fully funded from the Department of Local Government and Communities 2012-13 Grant Funding.

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 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

Attachment: Nil

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

LOCATION/ADDRESS:	Kimberley Region
APPLICANT:	Nil
FILE:	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 an update as to the status of the Department of Local Government and Communities funding to progress a Business Improvement Review of the IT Vision Synergy Soft System for the Kimberley Zone and Regional Collaborative Group.

BACKGROUND

Previous Considerations

Kimberley Zone / Regional Collaborative Group Meeting 30 April 2014 Item 9.7

Kimberley Zone / Regional Collaborative Group Meeting 23 June 2014 Item 9.6

Kimberley Zone / Regional Collaborative Group Meeting 4 August 2014 Item 9.4

Kimberley Zone / Regional Collaborative Group Meeting 3 October 2014 Item 9.4

At its meeting 5 June 2013 the Kimberley Regional Collaborative Group resolved that:

“The Kimberley Regional Collaborative Group submits a grant application for funding from the Department of Local Government for the implementation of Business Intelligence systems.”

Funding was approved by the Department of Local Government on 28 June 2013 and the 2012-13 grant funding of $107,000.00 excluding GST was received by the Shire of Broome, as secretariat for the Kimberley Zone / Regional Collaborative Group, on 2 July 2013. This grant funding has been utilised for the 2012/2013 Business Intelligence System - Office 365 Share point and Records Management System.

A second instalment of $107,000 has been allocated from the Department of Local Government and Communities 2013-14 Grant Funding to the Regional Collaborative Group to implement Business Intelligence Systems as Identified in the Regional Business Plan. A Business Improvement Review of the IT Vision Synergy Soft System was identified and an agenda item put to the 30 April 2014 Zone meeting.

At its meeting 30 April 2014 the Kimberley Regional Collaborative Group resolved that:

· Endorses the IT Business Improvement Project; and

· Authorises the Secretariat to finalise the Department of Local Government and Communities 2013-14 Grant Funding application and Financial Assistance Agreement.

A Project Budget and Project Scope was submitted to the Department of Local Government and Communities outlining the request to conduct a Business Improvement Review of the IT Vision Synergy Soft System for the Kimberley Zone. This submission was approved and the Grant Agreement from the Department of Local Government and Communities was signed.

COMMENT

The Business Improvement Review project is progressing as anticipated with the following milestones being completed;

· An initial kickoff meeting with IT Vision was conducted.

· The proposed project approach and deliverables were agreed.

· An on site discussion and pre planning assessment was conducted.

· Workshop preparation was completed to review the Synergy setup, data quality and reporting functionality at each Kimberley Shire.

· Workshop templates and schedules have been completed.

· The workshops at each shire have been conducted and functional assessments completed.

· A draft project and recommendations report was delivered.

A full Project report was delivered to the Executive Group for consideration and a BeingThere video conference was organised to run through the report. At this discussion, the Executive Group proposed the report be tabled at an IT TAG meeting for further detailed consideration and to determine the priority quick wins and training to be implemented at each of the Shires and propose a set of priority projects for the second project stage.

CONSULTATION

IT Vision

Staff at each of the Kimberley Shires

STATUTORY ENVIRONMENT

Nil

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

This project is fully funded from the Department of Local Government and Communities 2013-14 Grant Funding.

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 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

Attachment 1: 116 pages

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

LOCATION/ADDRESS:	Kimberley Region
APPLICANT:	Nil
FILE:	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:	5 November 2014

SUMMARY: This report provides an update at to the status of the Department of Local Government and Communities grant funding to progress a Kimberley Youth Strategy for the Kimberley Zone and Regional Collaborative Group.

BACKGROUND

Previous Considerations

Kimberley Zone / Regional Collaborative Group Meeting 23 June 2014 Item 9.7

Kimberley Zone / Regional Collaborative Group Meeting 4 August 2014 Item 9.5

Kimberley Zone / Regional Collaborative Group Meeting 3 October 2014 Item 9.4

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 grant Agreement was finalised and signed by the secretariat and submitted to the Department of Local Government and Communities and approved.

The grant agreement outlines the project definition as the research of the views of young people by engaging them in creative ways to inform the planning and development of their communities. 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 could also be used to support the review of other relevant strategies, policies and plans, and to inform the improvement of relevant services.

A Project Budget and Project Scope has been completed and submitted to the Department of Local Government and Communities and approved. Bluebottle Consulting was awarded the project.

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

‘This project will also require $16,500 from the 2014-15 budget surplus to be allocated towards the Kimberley Youth Strategy.’

COMMENT

The Kimberley Youth Strategy project is progressing as anticipated with the following milestones being completed;

· An initial kickoff meeting with Bluebottle Consulting was conducted.

· The proposed project approach and deliverables were agreed.

· The project schedule and payment plan has been agreed.

· A formal agreement has been drafted and signed by the Secretariat and Bluebottle Consultants.

· Service provider mapping is progressing well.

· A questionnaire has been developed.

· A survey monkey has been developed and put onto each Shires website and Facebook page.

· A media release has been completed.

· The regional face to face consultation began on 10 November.

CONSULTATION

Department of Local Government and Communities

Bluebottle Consulting

Staff at each of the Kimberley Shires

STATUTORY ENVIRONMENT

Nil

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

This project has received $40,000 grant funding from the Department of Local Government and Communities 2013-14.

This project will also require $10,635 from the 2014-15 budget surplus to be allocated towards the Kimberley Youth Strategy Stage 1 - Consultation. This surplus requirement is within the budget agreed to at the 4 August 2014 Zone/RCG Meeting.

STRATEGIC IMPLICATIONS

The Kimberley Regional Business Plan 2014-2018

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

· Action 4.5.1.6 Participate in discussions on welfare reform policy at the regional level

· Action 4.5.1.7 Support the development of a regional plan for welfare reform

VOTING REQUIREMENTS

Simple Majority

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

Attachment: Nil

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

LOCATION/ADDRESS:	Nil
APPLICANT:	Nil
FILE:	RCG01 & ENH92
AUTHOR:	Chairperson Kimberley Region Waste TAG
CONTRIBUTOR/S	Nil
RESPONSIBLE OFFICER:	Chairperson Kimberley Region Waste TAG
DISCLOSURE OF INTEREST:	Nil
DATE OF REPORT:	01 December 2014

SUMMARY: This agenda item provides the minutes from the Regional Waste Technical Advisory Group (TAG) meetings held 13 October 2014 and 01 December 2014.

BACKGROUND

Previous Considerations

Regional Collaborative Group Meeting 23 February 2013 Item 7.1

Regional Collaborative Group Meeting 5 June 2013 Item 7.1

Regional Collaborative Group Meeting 6 August 2013 Item 7.1

Regional Collaborative Group Meeting 2 October 2013 Item 7.1

Regional Collaborative Group Meeting 26 November 2013 Item 9.1

Regional Collaborative Group Meeting 24 February 2014 Item 9.2

Regional Collaborative Group Meeting 23 June 2014 Item 9.1

Regional Collaborative Group Meeting 04 August 2014 Item 9.1

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.

COMMENT

The Kimberley Region Waste TAG has held two meetings 04 August 2014 being;

· 13 October 2014; and

· 01 December 2014

The next scheduled meeting of the group is 02 February 2014 to be held via Teleconference.

CONSULTATION/STAKEHOLDERS

All members of the group have been provided with the minutes of the meeting held.

STATUTORY ENVIRONMENT

Nil

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

Nil

STRATEGIC IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple Majority

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

Attachment 1: 3 pages

Attachment 2: 3 pages

10. REPORTS FROM REPRESENTATIVES

10.1 Kimberley Development Commission – Graeme Campbell

- The Regional Blueprint closed to public comments on 3 December. KDC are working through the comments that were made and hope to endorse the final report before Christmas.

- The Minister has not yet made a decision on the new Chair.

- The current round of Community Sponsorship closes 10 December.

10.2 Australia’s North West – Apology

10.3 Regional Development Australia – Graeme Campbell

- A presentation to Northern Regional Alliance Group will be made on 14 December in Broome.

- National Partnership funds are closing shortly.

10.4 Department Local Government and Communities – Jennifer Mathews via Teleconference

- Attachment 10.4 Connect – October 2014 DLGC e-newsletter

10.5 WALGA Road Wise – Katelyn Hegarty

- Road Ribbons Campaign has been launched.

- Funding has been cut from the spur on the Great Northern Highway in Wyndham.

- The SWEK Committee are obtaining two ‘Be Seen’ signs.

- The position of Chair is up for nominations.

- Next year a Bicycle Safety Campaign will be launched.

10.6 WALGA – Chris Green

- President Report – CLG Reform policy

- WALGA is establishing a Freight Policy Forum for framework in Agricultural Regions. Nominations close Monday 15 December.

- WALGA has conducted an initial meeting with CEO’s and Shire presidents to discuss Libraries, with the plan to develop a Strategic Plan for Libraries. A further meting between WALGA and Librarians will be conducted next year.

11. CORRESPONDENSE

Incoming and outgoing correspondence will be tabled at the Meeting.

Moved: Cr John Moulden Seconded: Cr Graeme Campbell

Carried Unanimously 4/0

12. GENERAL BUSINESS

Nil

13. MEETING CLOSURE

The meeting was closed at 4.30pm.

Western Australian Local Government Association Zone Standing Orders

1. INTERPRETATIONS

For the purposes of these Standing Orders, if not inconsistent with the context, the following words shall have the following meanings:

1.1 "Absolute Majority" means:

a total majority of delegates for the time being of the Zone whether present and voting or not.

1.2 "Association" means:

the Western Australian Local Government Association.

1.3 “Constitution” means:

the Constitution of the Western Australian Local Government Association.

1.4 “Delegate or Deputy Delegate" means:

those persons duly elected, from time to time, for a fixed term to represent a Council at a Zone of the Western Australia Local Government Association.

1.5 “Deputy President or Chairman” means:

the Deputy President or Chairman for the time being of the Zone.

1.6 “Meeting" means:

a meeting of a Zone of the Western Australia Local Government Association.

1.7 "President or Chairman" means:

the President or Chairman for the time being of the Zone.

1.8 “Simple Majority” means:

a majority comprising enough of the delegates for the time being of the Zone for their number greater than 50% of the number of voting delegates that are present

1.9 “State Council” means:

the Executive of the Western Australian Local Government Association.

1.10 “Zone” means:

a geographically based subdivision containing Councils and incorporated within a country and metropolitan constituency as listed in Schedule three of the Constitution.

1.11 “Zone Secretary” means:

a person or persons nominated or appointed by the Zone or the Association to undertake Zone secretarial functions as required.

2. ORDINARY AND SPECIAL MEETINGS

Meetings of the Zone shall be of two kinds: “ordinary” and “special”. No business shall be transacted at a special meeting other than for which the meeting was called.

3. CONDUCT OF MEETINGS

The proceedings and business of meetings of the Zone shall be conducted according to these Standing Orders.

4. NOTICE OF MEETING

4.2 The Zone Secretary shall give at least 7 days notice of a meeting to all delegates of the Zone unless all of the delegates have agreed in writing to shorter notice.

4.2 Notice shall be given at the destinations appearing in the records of the Zone Secretary. Notice shall include the agenda for the meeting and will be deemed to have been delivered immediately if transmitted electronically or on the second working date after posting.

4.2 Ordinary Meetings of the Zone shall be called by the Zone Secretary pursuant to sub-clause 4.1.

4.2 Special Meetings of the Zone shall be called by the Zone Secretary on the written request of the President or Chairman or at least one quarter of the delegates.

5. QUORUM

5.1 The Zone shall not conduct business at a meeting unless a quorum is present.

5.2 At any meeting of the Zone, greater than 50% of delegates present and entitled to vote shall form a quorum.

5.3 If a quorum has not been established within the 30 minutes after a meeting is due to begin then the meeting can be adjourned –

(a) by the President or Chairman of the meeting;

(b) if the President or Chairman is not present, by the Deputy President or Deputy Chairman of the meeting;

(c) if the President or Chairman or Deputy President or Deputy Chairman is not present, by a majority of delegates present;

(d) if only one delegate is present, by that delegate; or

(e) if no delegate is present by the Zone Secretary.

The business that could have been transacted had there been a quorum at the meeting may be transacted at the resumption of the adjourned meeting.

5.4 If at any time during a meeting a quorum is not present, the President or Chairman shall suspend proceedings for five (5) minutes and if a quorum is not present after that period, the meeting shall be deemed to have been adjourned and the person presiding is to reschedule it to some future time.

5.5 Notice of a meeting adjourned because of the absence of a quorum shall be given to all delegates.

6. MEETINGS OPEN TO THE PUBLIC

The business of the Zone shall be open to the public except upon such occasions as the Zone may by resolution otherwise decide.

7. ORDER OF BUSINESS

Unless the meeting should decide otherwise, the order of business at Zone meetings, with he exception of special meetings or an adjourned meeting, shall be as follows:

(a) Recording of attendance and apologies;

(b) Announcements;

(d) Confirmation of minutes of previous meetings;

(e) Matters for decision;

(f) Reports – President or Chairman and Zone Representative to State Council;

(g) State Council agenda items;

(h) General business.

8. SPECIAL URGENT BUSINESS

At any time during a meeting a delegate may, with the approval of an absolute majority, introduce a motion relating to special urgent business that calls for an expression of opinion from the meeting.

In presenting an item of special urgent business, a delegate shall have sufficient copies of the motion in writing for distribution to all delegates present at the meeting and, where practicable, give prior notice to the President or Chairman of such intention.

9. PRESIDENT OR CHAIRMAN

In the construction of these Standing Orders unless the context requires otherwise, the word "President or Chairman" shall in the absence of the Chairman or President include the Deputy President or Deputy Chairman or the delegate chosen by resolution to preside at any meeting.

10. DELEGATE AND DEPUTY DELEGATE

10.1 In the construction of these Standing Orders unless the context requires otherwise, the word “delegate” shall in the absence of the delegate include the deputy delegate.

10.2 A deputy delegate elected to act in the capacity of a delegate unable to attend a meeting shall exercise all rights of that delegate.

11. PRESIDENT OR CHAIRMAN TO PRESIDE

11.1 The Chairman or President shall preside at all meetings of the Zone but in absence of the President or Chairman, the Deputy President or Deputy Chair shall preside.

11.1.1 In the absence of the President or Chairman and the Deputy President or Deputy Chairman, the Zone shall choose by resolution a delegate present to preside at the meeting.

12. DEBATE PROCEDURES

12.1 A delegate moving a substantive motion may speak for –

(a) 10 minutes in his or her opening address; and

(b) 5 minutes in exercising the right to reply.

12.2 Other speeches for or against motions are to be limited to 5 minutes.

12.3 No delegate, except the mover of a motion in reply, is to speak more than once on the same motion except by way of personal explanation.

12.4 As soon as the right of reply has been exercised, the motion is to be forthwith put to the vote without further comment.

12.5 No discussion shall take place on any motion unless it is moved and seconded. Only one amendment on any one motion shall be received at a time, and such amendment shall be disposed of before any further amendment can be received. Any number of amendments may be proposed.

12.6 The provisions of these Standing Orders applicable to motions apply mutatis mutandis to amendments, except that the mover of an amendment shall have no right of reply.

12.7 When a motion has been moved and seconded, the person presiding shall at once proceed to take a vote thereon unless a delegate opposes it or an amendment is proposed.

12.8 No more then two delegates shall speak in succession on one side, either for or against the question before the Zone, and if at the conclusion of the second speaker’s remarks, no delegate speaks on the other side, the motion or amendment shall at once be put to the Zone.

12.9 Notwithstanding clause 12.7, where a composite motion is moved which embodies the core aspects of subsequent motions listed on the agenda, a delegate whose motion has been superseded shall have the opportunity to speak on the question of the composite motion before it is put. Once a composite motion has been carried, no further debate shall be permitted in respect of the superseded motions.

12.10 At any time during a debate, but after the conclusion of a delegate’s comments, a delegate who has not spoken during the debate may move, without discussion, “that the question be now put”. If that motion is seconded and carried by a majority, the question shall be submitted at once to the Conference, after the mover has replied.

13. QUESTIONS

Any delegate seeking to ask a question at any meeting of the Zone shall direct the question to the President or Chairman.

14. DELEGATES TO ADDRESS THE PRESIDENT OR CHAIRMAN

A delegate moving or seconding a motion or amendment or taking part in a discussion thereon shall address the President or Chairman.

15. POINT OF ORDER

A delegate who is addressing the President or Chairman shall not be interrupted except on a point of order, in which event the delegate shall wait until the delegate raising the point of order has been heard and the question of order has been disposed of, whereupon the delegate so interrupted may, if permitted, continue.

16. MOTION - SUBSTANCE TO BE STATED

A delegate seeking to propose an original motion or amendment shall state its substance before addressing the meeting thereon and, if so required by the President or Chairman, shall put the motion or amendment in writing.

17. PRIORITY OF SPEAKERS

If two or more delegates wish to speak at the same time the President or Chairman shall decide who is entitled to priority.

18. PRESIDENT OR CHAIRMAN TO BE HEARD

Whenever the President or Chairman signifies a desire to speak during a debate, any delegate speaking or offering to speak is to be silent, so that the President or Chairman may be heard without interruption.

19. PRESIDENT OR CHAIRMAN MAY CALL TO ORDER

The President or Chairman shall preserve order, and may call any delegate to order when holding an opinion that there shall be cause for so doing.

20. RULING BY PRESIDENT OR CHAIRMAN

The President or Chairman shall decide all questions of order or practice, whose decision shall be final and be accepted by the Zone without argument or comment unless in any particular case the Zone resolves that a different ruling shall be substituted for the ruling given by the President or Chairman. Discussions shall be permitted on any such motion.

21. LIMITATION OF SPEECHES

21.1 A delegate shall not speak upon any motion or amendment or in reply for a longer period than five (5) minutes without consent of the Zone which shall be signified without debate.

21.2 No delegate shall speak more than once on any motion unless in exercising a right to speak in closing the debate on a motion which the delegate has moved.

22. RESOLUTIONS

22.1 Except as otherwise provided in these Standing Orders, all motions concerning the affairs of the Zone shall be passed by a simple majority.

22.2 Any matter considered by the Zone at a Special Meeting shall not be passed unless having received an absolute majority.

23. NO DISCUSSION

Where there is no discussion on a motion, the President or Chairman may deem the motion to be passed unless the meeting resolves otherwise.

24. PERMISSIBLE MOTIONS DURING DEBATE

24.1 When a motion is under debate, no further motion shall be moved except the following:

(a) that the motion be amended;

(b) that the meeting be adjourned;

(d) that the question be now put;

(e) that the meeting proceed with the next business;

(f) that the meeting sits behind closed doors.

24.2 Any delegate who has not already spoken on the subject of a motion at the close of the speech of any other delegate may move without notice any one of the motions listed in clause 23.1 (b)-(f) and, if the motion is seconded, it shall be put forthwith.

24.3 When a debate is adjourned, the delegate who moves the adjournment shall be the first to speak on the motion when the debate is resumed unless the delegate advises of no desire to speak on the motion. Where this occurs, the President or Chairman shall then call for further speakers.

25. METHOD OF TAKING VOTES

The President or Chairman shall, in taking a vote on any motion or amendment, put the question first in the affirmative, and then in the negative and may do so as often as is necessary to enable formation and declaration of an opinion as to whether the affirmative or the negative has the majority on the voices or by a show of hands.

26. DIVISION

The result of voting openly is determined on the voices or by a show of hands and, immediately upon a vote being taken, a delegate may call for a division.

27. WITHDRAWAL OF MOTION

A motion or amendment may be withdrawn by the mover, with the consent of the meeting, which shall be signified without debate. No delegate may speak upon it after the mover has asked permission for its withdrawal, unless such permission shall have been refused.

28. ALL DELEGATES TO VOTE

28.1 At meetings of the Zone, a delegate present at the meeting when a question is put shall vote on the question.

28.2 Each delegate shall be entitled to exercise one deliberative vote on any matter considered by the Zone.

28.3 The President or Chairman shall exercise a deliberative vote in respect of a matter considered by the Zone. In the event of there being an equality of votes in respect of a matter, the President or Chairman shall exercise a second vote.

28.4 Where the Deputy President or Deputy Chairman is required to preside at a meeting, the Deputy President or Deputy Chairman shall exercise a deliberative vote in respect of a matter considered by the Zone. In the event of there being an equality of votes in respect of a matter, the Deputy President or Deputy Chairman shall exercise a second vote.

28.5 In the absence of the President or Chairman and Deputy President or Chairman, the delegate chosen by resolution to preside over the meeting shall exercise a deliberative vote in respect of a matter considered by the Zone. In the event of there being an equality of votes in respect of a matter, the presiding delegate shall exercise a second vote.

29. RESCISSION OF RESOLUTION

29.1 At the same meeting

Unless a greater majority is required for a particular kind of decision under the Standing Orders (in which event that shall be the majority required), the Zone may, by simple majority at the same meeting at which it is passed, rescind or alter a resolution if all the delegates who were present at the time the original resolution was passed are present in their seats when the rescission or alteration is proposed.

29.2 At a Future Meeting

Unless a greater majority is required for a particular kind of decision under the Standing Orders (in which event that shall be the majority required), the Zone may rescind or alter a resolution made at an earlier meeting:

(a) by simple majority, where the delegate intending to move the motion has, through the Zone Secretary, given written notice of the intended motion to each of the other delegates at least seven (7) days before the meeting; or

(b) by absolute majority, in any other case.

30. SUSPENSION OF STANDING ORDERS

30.1 In cases of urgent necessity or whilst the Zone is sitting behind closed doors, any of these Standing Orders may be suspended on a motion duly made and seconded, but that motion shall not be declared carried unless a simple majority of the delegates voting on the question have voted in favour of the motion.

30.2 Any delegates moving the suspension of a Standing Order shall state the object of the motion, but discussion shall not otherwise take place.

31. NO ADVERSE REFLECTION ON ZONE

A delegate of the Zone shall not reflect adversely upon a resolution of the Zone, except on a motion that the resolution be rescinded.

32. NO ADVERSE REFLECTION ON DELEGATE

A delegate of the Zone shall not reflect adversely upon the character or actions of another delegate nor impute any motive to a delegate unless the Zone resolves, without debate, that the question then before the Zone cannot otherwise be adequately considered.

33. MINUTES

Minutes of meetings shall be permanently recorded and copies supplied to all delegates.

34. CONFIRMATION OF MINUTES

The minutes of any preceding meeting, whether ordinary or special, not previously confirmed shall be submitted at the next Ordinary Meeting of the Zone and no discussion thereon shall be permitted except as to their accuracy as a record of the proceedings.

35. GENERAL BUSINESS

A delegate may under general business introduce a motion relating to any item of interest to Local Government, but not otherwise.

36. AMENDMENTS

These Standing Orders may be altered, added to or repealed subject to a resolution passed by not less than 75% of delegates present at a meeting of the Zone. Copies of proposed alterations, additions or amendments shall be forwarded to all delegates by the Zone Secretary prior to the meeting.

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

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

Combined Kimberley Zone of WALGA and

Regional Collaborative Group Meeting

MINUTES

· 1.00pm Friday 27 February 2015

Spinifex Hotel Function Room

6 Clarendon Street DERBY

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 Ralph Addis – Director General, Department of Regional Development 4

6.2 Minister Tony Simpson. 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 KIMBERLEY ZONE OF WALGA & RCG 2013/14 ANNUAL FINANCIAL AUDIT. 11

7.4 FINANCIAL ASSISTANCE GRANTS SUBMISSION.. 15

7.5 LOCAL GOVERNMENT RATES EXEMPTIONS. 23

8. REPORTS FROM KIMBERLEY ZONE OF WALGA.. 27

8.1 STATE COUNCIL MEETING AGENDA AND PRESIDENTS REPORT. 27

8.2 SOCIAL LICENCE TO OPERATE AND INVEST IN THE KIMBERLEY. 29

9. REPORTS FROM REGIONAL COLLABORATIVE GROUP. 33

9.1 COUNTRY LOCAL GOVERNMENT FUND EXPENDITURE – KEY WORKER HOUSING PROJECT UPDATE. 33

9.2 DEPARTMENT OF LOCAL GOVERNMENT & COMMUNITIES 2012/13 GRANT FUND EXPENDITURE – RECORDS MANAGEMENT PROJECT UPDATE. 38

9.3 DEPARTMENT OF LOCAL GOVERNMENT & COMMUNITIES 2013/14 GRANT FUND EXPENDITURE – BUSINESS IMPROVEMENT REVIEW UPDATE. 41

9.4 DEPARTMENT OF LOCAL GOVERNMENT & COMMUNITIES 2014 GRANT FUND EXPENDITURE – KIMBERLEY YOUTH STRATEGY – STAGE 1 CONSULTATION.. 44

9.5 REGIONAL WASTE TECHNICAL ADVISORY GROUP (TAG) – MINUTES OF MEETING.. 47

9.6 REGIONAL FUNDING PROGRAM FOR THE WASTE AUTHORITY OF WESTERN AUSTRALIA 49

10. REPORTS FROM REPRESENTATIVES. 53

11. CORRESPONDENSE. 54

12. GENERAL BUSINESS. 54

13. MEETING CLOSURE. 54

Kimberley Zone of WALGA / RCG

1. DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS

The chairman opened the meeting at 1.02pm.

2. RECORD OF ATTENDANCE / APOLOGIES

ATTENDANCE:
Rebecca Herbert	Kimberley Zone of WALGA
Sam Mastrolembo	Shire of Broome
Cr Chris Mitchell	Shire of Broome
Cr Graeme Campbell	Shire of Broome
Cr John Moulden	Shire of Wyndham East Kimberley
Cr Darren Spakman	Shire of Wyndham East Kimberley
Musa Mono	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
Cr Ross Sullivan	Shire of Derby West Kimberley
Cr Andrew Twaddle	Shire of Derby West Kimberley
Cr Iris Prouse	Shire of Derby West Kimberley
Cr Annette Kogolo	Shire of Derby West Kimberley
John Lane	WALGA
Jennifer Mathews	DLGC
Kelly McIntyre	DLGC
Jeff Gooding	Kimberley Development Commission
Glen Chidlow	Australia’s North West Tourism
Ralph Addis	Department Regional Development
Paul Isaachsen	Department Regional Development
Minister Tony Simpson	WA Government
Jessica Lenney	WA Government

APOLOGIES:
Kenn Donohoe	Shire of Broome
Rodger Kerr-Newell	Shire of Halls Creek
Louise Gee	Shire of Wyndham East Kimberley
Cr Keith Wright	Shire of Wyndham East Kimberley
Grant Pipe Cr June Oscar	Department Fire and Emergency Services Shire of Derby West Kimberley

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 9 December 2014 be confirmed as a true and accurate record of that meeting.

Moved: Cr Archer Seconded: Cr Moulden

CARRIED UNANIMOUSLY 4/0

5. BUSINESS ARISING FROM PREVIOUS MEETING

Nil

6. PRESENTATIONS FROM REPRESENTATIVES

6.1 Ralph Addis – Director General, Department of Regional Development

Update on Indigenous Municipal Services

6.2 Minister Tony Simpson

Update on Portfolio

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:	20 January 2015

SUMMARY: This report provides the resolution status report from the Kimberley Zone of WALGA and Regional Collaborative Group meetings held from April 2014.

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

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 Moulden Seconded: Cr Edwards

Carried Unanimously 4/0

Attachment: 6 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:	6 February 2015

SUMMARY: This report recommends that the Kimberley Zone of WALGA and Regional Collaborative Group adopt the Financial Activity Report for the period ended 6 February 2015.

BACKGROUND

Previous Considerations

Nil

COMMENT

Indicators and Variances

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

Budget Year Lapsed 64%

Total Operating Income ($373,049)

Total Operating Expenditure $289,545

Total Surplus/Deficit ($83,503)

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

2012-13 DLGC – Records Management 33%

2013-14 DLGC – Business Improvement Review 74%

2010-11 CLGF – Key Worker Housing 100%

2011-12 CLGF – Key Worker Housing 27%

2014 DLGC – Kimberley Youth Strategy 75%