Agenda of Ordinary Meeting

Agenda – Ordinary Meeting of Council 27 August 2015 Page 15 of 16

9.2.1 POLICY - MINING, PETROLEUM AND GEOTHERMAL ENERGY RESOURCE EXTRACTION

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: GVR002

AUTHOR: Director of Development Services

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director of Development Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 28 May 2015

SUMMARY: At the Ordinary Meeting of Council on 26 March 2015 a petition was submitted which requested that Council oppose fracking. At this meeting Council resolved to note the petition and request the Chief Executive Officer to prepare a policy on mining, petroleum and geothermal energy resource extraction.

This report presents a draft Policy for consideration by Council and recommends that Council adopt the draft Policy for the purposes of seeking public comment.

BACKGROUND

Previous Considerations

OMC 26 February 2015 Item 9.4.8

OMC 26 March 2015 Item 7.1

Proposal

In March 2015 Council resolved to note a petition presented to Council in relation to hydraulic fracturing processes associated with natural resources, and requested 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. The initial intent of the recommendation to Council to develop a policy was aimed at providing guidance to the Shire when engaging with relevant proponents with regards to these proposals.

Officers have now undertaken further research regarding the matter and have prepared a draft having regard for the relevant legislation and state policy provisions as is provided in Attachment No 2. The policy intends to provide guidelines for Council and the Shire’s consultation with relevant parties in relation to mining, petroleum and geothermal energy resources activities.

COMMENT

In particular Officers considered the following in the preparation of the policy:

· Legal Advice regarding process and risks (confidential attachments)

· Parliamentary Inquiry

· Department of Mines and Petroleum Processes and Guidelines

Each of these points are further addressed below.

Legal Advice

Legal advice has been obtained which confirms the role of local government in mining, petroleum and geothermal energy permits, which is summarised by the following:

· Local governments do not have any regulatory role to play in assessment or determination of any application made under the Mining Act 1978 (Mining Act) and Petroleum and Geothermal Energy Resources Act 1967 (PGER Act) and planning approval is not required for these activities.

· With respect to mining proposals, consultation with the Shire by the Minister under the Mining Act is only required if an application is made to conduct activities over:

i. Reserved land, the control and management of which is vested with the Shire; or

ii. Land within the shire’s district that is located within a townsite.

· Further under the Mining Act, local governments are required to be served with copies of the following types of mining applications:

i. Applications for prospecting licences, exploration licences and retention licences on land owned or occupied by the Shire (regulation 64A(1) of the Mining Regulations 1981);

ii. Application for any mining tenement that relates to private land (section 33(1)(a));

iii. Applications for a mining lease (section 74(3) and regulation 64A(2));

iv. Applications for general purposes leases (section 90(2) which applies the provisions of section 74 to general purposes leases); and

v. Application for miscellaneous licence (section 91(9)).

· The PGER Act makes no provision for consultation with a local government before a permit, reservation, licence or lease is issued or any necessary operations or works are undertaken.

A copy of the legal advice obtained in this regard is set out in confidential Attachment No 1.

While there is no requirement under legislation for consultation and no statutory role for local government in approval of permits and enforcements, the Department of Mines and Petroleum (DMP) does have Guidelines which are used in the assessment of proposals under the relevant Acts. These Guidelines recommend consultation with the local government and establish that a proponent is required to demonstrate the consultation undertaken when an application is submitted with DMP. Further, proponents undertaking such activities may also seek to engage with local government in any regard.

Parliamentary Inquiry

In 2013 the Western Australian Parliament through the Standing Committee on Environment and Public affairs commenced an inquiry into the implications for Western Australia of hydraulic Fracturing for unconventional gas. The Terms of reference is attached as Attachment No 3. The Inquiry Report has not yet been tabled to the Parliament, and it is unclear at this stage when the inquiry will be completed.

Details regarding the Inquiry are available on the parliament website:

http://www.parliament.wa.gov.au/parliament/commit.nsf/WebInquiriesCurrent

Legal Advice obtained indicated that due to the nature of the policy there is no need to wait for the inquiry to be completed prior to Council being able to adopt this policy.

Department of Mines and Petroleum Guidelines

When Council considered the petition in March 2015, a draft policy framework was foreshadowed that outlines the Shire’s support for 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.

Based on established processes undertaken by the relevant agencies in considering these proposals under the relevant Acts and Regulations, it is not considered appropriate that the Shire of Broome adopt a Policy that provides further guidance or requirements on points a, b, d, and e mentioned above but rather acknowledges the process of assessment undertaken by the relevant Departments and Agencies. Each of the above areas and the reasons for including or excluding it in the draft policy is set out under the relevant headings below.

Points A - Consultation with the relevant people directly affected with regards to land use rights and or compensation

Section 27-35 of the Mining Act and Section 16-21 of the PGER Act contains provisions with regard to access to land and compensation for relevant proposals. Further, the provisions of the Native Title Act 1993 would still be applicable to any proposals.

As such it is considered unnecessary for the Shire to adopt a policy position in this regard as the matter is already legislated. Further this is not considered an area that the Shire has expertise to be involved with, nor is it a role of local government to be involved in these matters.

Point B - undertaking community consultation through community forums

The Department of Mines and Petroleum is responsible for administering both the Mining and PGER Act and the subsequent approval and regulatory processes.

As summarised above, 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. Similarly the Mining Act only requires a referral process to the local government in limited instances where the local government may be in direct control of the land. That being said, DMP has Guidelines that establish a process for assessment of proposals which describes the process to be implemented when preparing an application for submission under both Acts. These Guidelines can be downloaded from the following link:

· DMP’s Guidelines for the Preparation and Submission of an Environment Plan http://www.dmp.wa.gov.au/documents/ENV-PEB-177.pdf

· DMP’s Guidelines for Mining Proposals in Western Australia http://www.dmp.wa.gov.au/documents/ENV-MEB-200(4).pdf

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Given that the existing Guidelines establish a process of consultation and further as the Shire does not have a regulatory role in the consideration of such proposals; it is not considered appropriate that a Shire Policy establish an additional consultation process.

Further, the Shire of Broome has an existing corporate Policy 5.1.10 – Community Engagement which establishes a sound process for engagement activities on Shire based projects. Council in discussions with the proponents of mining, geothermal and petroleum proposals can make applicants aware of this preferred consultation framework.

Point C - potential benefits to the local economy;

The strategic framework for development within the Shire of Broome is established in a series of documents including the State Planning Strategy, Kimberley Regional Blue Print, Kimberly Regional Planning and Infrastructure Framework, Dampier Peninsular Planning Strategy and the Shire of Broome Local Planning Strategy. All these documents support, and recognise the role mining, petroleum and geothermal proposals have on the local, State and Federal economy.

Individual projects can often deliver immediate and ongoing benefits to the local economy and it is important that in any engagement activity with proponents that the Shire acts as a champion to encourage the highest possible benefit to the local economy. As such, it is proposed that the Shire Policy requests applicants to include measures to deliver positive economic benefits to the local economy.

Point D & E – detrimental impacts on public health and drinking water areas and environmental matters have been taken into account and best practice mitigation strategies adopted

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. DMP under the EP Act if concerned with the environmental impact of a proposal can refer proposals to the EPA who 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).

Further, the approvals process for an operator to obtain the relevant approvals from DMP 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) are still responsible for consideration of applications under that agency’s relevant legislation.

Source: Department of Mines and Petroleum, Petroleum Division

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 therefore deemed that the DMP and supporting agencies (which can include the Department of Water, EPA, Department of Environment and Regulation, Department of Environment (Federal), Department of Health and other State Government Authorities) has an adequate process to ensure that all proposals are assessed and regulated to limit potential impacts on public health, drinking water areas and environmental features.

As the Shire has no role in the approval or issuance of mining or petroleum tenements / licences or permits, the Shire should not aim to duplicate the assessment process undertaken in this regard. Further, the Shire does not have the technical expertise to assess proposals of this scale nor does local government have any legislative responsibility to regulate or enforce these aspects. As such, it is recommended that the Shire adopt a Policy which accepts the position of the relevant regulating agencies on their assessments of proposals and its potential impact on human health, the environment and water sources including drinking water. It should be noted, that the policy does not preclude the Shire from providing information on local issues known to the Shire through the consultation period mentioned above.

Point F - impacts on Council Infrastructure and Local Amenity

The Local Government Act 1995 establishes that the local government is responsible for provision of infrastructure to support a community. Projects approved under the Mining Act and PGER Act can often be of a scale and involve activities which impact upon local infrastructure which the local government is responsible for developing/maintaining. The most common impacts can include impacts on local roads. In larger projects, this can also extend to community facilities that may be utilised to support the future workforce, etc.

It is important that when the Shire is engaged in a consultation exercise with a proponent that the Shire requests the applicant to demonstrate potential impacts that are anticipated to Shire infrastructure and that the Shire is adequately compensated for any impacts.

Further, while activities permitted through the Mining Act or the PGER Act are not required to obtain planning approval, it is considered that such activities should have due regard for the local planning framework established in the Shire’s Local Planning Strategy and Local Planning Scheme No 6. Given that the majority of the mining, petroleum and geothermal proposals would be undertaken on land zoned either ‘General Agriculture’ or ‘Cultural and Nature Resource Use’, it is recommended that the Shire requests applicants to have due regard for the aims and objectives of the relevant zone in LPS 6 and to give consideration to how the proposal could be compatible with these and the surrounding land uses.

Summary

In order not to duplicate established and existing processes already in place by the relevant State Government agencies, it is recommended that the draft Policy be adopted that accepts the positions and assessment processes of the relevant regulatory bodies including the Department of Mines and Petroleum, Environmental Protection Authority, Department of Health, Department of Environment and Regulation, Department of Environment (Federal), Department of Water and Department of Aboriginal Affairs with regards to their respective areas of regulation.

The Policy will provide adequate strategic guidance to Shire Officers and Council when considering and providing comment on mining and petroleum and geothermal proposals with an aim to ensure local conditions, the local economy, potential impacts on local government infrastructure and the proposed methods of reducing impacts on the amenity and natural environment of the area are considered.

CONSULTATION

The Shire of Broome has sought legal advice and consulted with the Department of Mines and Petroleum in considering the preparation of the draft Policy. The legal advice pointed out that the processes for approval of these types of activities are not within the Shire’s statutory powers and that the responsibility lies with the DMP who inturn outlined the processes involved and provided the relevant guidelines incorporated in this report and the policy.

Generally administrative policies adopted under the Local Government Act 1995 do not require advertising, however in this instance considering the significant interest in the topic it is recommended that the draft policy be advertised in the local news paper for two consecutive weeks allowing submissions to be made for a period of 21 days.

STATUTORY ENVIRONMENT

Petroleum Geothermal Energy Resources Act 2012

16. Consent of owner or trustees required in certain cases for exploration etc.

(1) A permittee, holder of a drilling reservation, access authority or special prospecting authority, lessee or licensee shall not enter upon any land to which this section applies for the purpose of —

(a) exploring for petroleum or geothermal energy resources; or

(b) carrying out operations for the recovery of petroleum or geothermal energy,

unless the consent in writing of the owner or trustees, as the case may be, of the land has been first obtained.

(1a) This section applies to land that is comprised in the permit, drilling reservation, access authority, special prospecting authority, lease or licence and is —

(a) private land not exceeding 2 000 m² in extent; or

(b) used as a cemetery or burial place; or

(c) less than 150 m in lateral distance from any cemetery or burial place, reservoir or any substantial improvement.

(2) For the purposes of this section —

(a) reservoir includes any natural or artificial storage or accumulation of water, spring, dam, bore, and artesian well; and

(b) the Minister is the sole judge of whether any improvement is substantial.

[Section 16 amended by No. 94 of 1972 s. 4; No. 12 of 1990 s. 11; No. 78 of 1990 s. 7; No. 73 of 1994 s. 4; No. 14 of 1996 s. 4; No. 17 of 1999 s. 24; No. 35 of 2007 s. 14.]

17. Compensation to owners and occupiers of private land

(1) A permittee, holder of a drilling reservation, lessee or licensee may agree with the owner and occupier respectively of any private land comprised in the permit, drilling reservation, lease or licence as to the amount of compensation to be paid for the right to occupy the land.

(2) Subject to subsections (3) and (5), the compensation to be made to the owner and occupier shall be compensation for being deprived of the possession of the surface or any part of the surface of the private land, and for damage to the surface of the whole or any part thereof, and to any improvements thereon, which may arise from the carrying on of operations thereon or thereunder, and for the severance of such land from other land of the owner or occupier, and for rights‑of‑way and for all consequential damages.

(3) In assessing the amount of compensation no allowance shall be made to the owner or occupier for any gold, minerals, petroleum, geothermal energy resources or geothermal energy known or supposed to be on or under the land.

(4) If within such time as may be prescribed the parties are unable to agree upon the amount of compensation to be paid, either party may apply to the Magistrates Court at the place nearest to where the land is situated to fix the amount of compensation.

(5) In determining the amount of compensation, the Court shall take into consideration the amount of any compensation which the owner and occupier or either of them have or has already received in respect of the damage for which compensation is being assessed, and shall deduct the amount already so received from the amount which they would otherwise be entitled to for such damage.

[Section 17 amended by No. 12 of 1990 s. 12; No. 78 of 1990 s. 7; No. 59 of 2004 s. 141; No. 35 of 2007 s. 15.]

18. Owner of private land in vicinity of permit area, drilling reservation, lease area or licence area may be entitled to compensation

If any private land or improvement thereon adjoining or in the vicinity of the land comprised in any permit, drilling reservation, lease or licence is injured or depreciated in value by any operations carried on by or on behalf of the permittee, holder of the drilling reservation, lessee or licensee or by reason of the occupation of any portion of the surface, or the enjoyment by the permittee, holder of the drilling reservation, lessee or licensee of any right‑of‑way, the owner and occupier of the private land or improvements thereon shall severally be entitled to compensation for all loss and damage thereby sustained, and the amount of compensation shall be ascertained in the same manner as is provided in section 17.

[Section 18 amended by No. 12 of 1990 s. 13; No. 78 of 1990 s. 7.]

19. Compensation for further damage

If while in occupation of any land comprised in a permit, drilling reservation, lease or licence the permittee, holder of the drilling reservation, lessee or licensee, as the case requires, causes any damage to the surface of any private land comprised within the boundaries of the land the subject of the permit, drilling reservation, lease or licence belonging either to the same or any other owner, or to any improvement on any such private land, not being damage already assessed under the provisions of this Part, the owner and occupier of the private land or improvement shall severally be entitled to compensation for the damage sustained by each of them, and the amount of such compensation shall be ascertained in accordance with the provisions of section 17.

[Section 19 amended by No. 12 of 1990 s. 14; No. 78 of 1990 s. 7.]

20. Holder of permit, drilling reservation, lease or licence not to commence operations on private land until compensation tendered or agreed upon

(1) A permittee, holder of a drilling reservation, lessee or licensee shall not commence any operations on private land unless or until he has paid or tendered to the owner and to the occupier of the land the amount of compensation, if any, which he is required to pay under and as ascertained in accordance with this Act or he has made an agreement in writing with the owner or occupier as to the amount, times and mode of payment of the compensation, if any.

(2) Where the owner is dead or cannot be found any payment of compensation may be made to the Minister in trust for the owner.

[Section 20 amended by No. 12 of 1990 s. 15; No. 78 of 1990 s. 7.]

21. Compensation payable to lessee of pastoral lease, lease for timber purposes or lease for use and benefit of Aboriginal inhabitants for damage to improvements and consequential damage

(1) If a permittee, holder of a drilling reservation, lessee or licensee has by himself, his agent or his employee in the exercise or purported exercise of any of the powers conferred by or under this Act or by reason of any operation conducted or other action taken by him or any of them caused damage to any improvements on land leased by way of —

(a) a pastoral lease within the meaning of the Land Administration Act 1997, or a lease otherwise granted for grazing purposes only; or

(b) a lease for timber purposes; or

(c) a lease for the use and benefit of the Aboriginal inhabitants,

he is liable, subject to section 24, to pay compensation to the person to whom that land is so leased (in this section and in section 22 called the compensable lessee or a compensable lessee, as the case requires) for that damage and for any damage which the compensable lessee may, in the opinion of the Magistrates Court, suffer as a consequence of the damage to those improvements.

(2) A person liable to pay compensation to a compensable lessee under the provisions of this section may agree with the compensable lessee as to the amount of compensation including compensation for consequential damage.

(3) If an agreement is not made under subsection (2), the compensable lessee may commence an action for compensation before the Magistrates Court at the place nearest to the place at which the land is situated, or the person liable to pay compensation may so commence an action claiming a declaration as to the amount of compensation payable.

[Section 21 amended by No. 12 of 1990 s. 16; No. 78 of 1990 s. 7; No. 31 of 1997 s. 141; No. 59 of 2004 s. 141.]

117. Interference with other rights etc.

A person carrying on operations in the State under a permit, drilling reservation, lease, licence, special prospecting authority, access authority or instrument of consent under section 116 shall carry on those operations in a manner that does not interfere with —

(a) the surface of any land or any improvements thereon; or

(b) the conservation of the resources of the soil or the Earth’s crust; or

(c) any operations of another person being lawfully carried on by way of exploration for, recovery of or conveyance of a mineral, whether petroleum or not, or geothermal energy resources or geothermal energy, or by way of construction or operation of a pipeline; or

(d) navigation; or

(e) fishing; or

(f) the conservation of the resources of the sea and the seabed,

to a greater extent than is necessary for the reasonable exercise of the rights and performance of the duties of that first‑mentioned person.

Penalty: a fine of $10 000.

[Section 117 amended by No. 12 of 1990 s. 94; No. 78 of 1990 s. 7; No. 35 of 2007 s. 72; No. 42 of 2010 s. 54 and 62(15).]

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

5. References to activity

A reference in these regulations to an activity includes, unless the contrary intention appears, a reference to —

(a) a proposed activity; and

(b) any stage of an activity.

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.

Local Planning Strategy

2.4.4 Pastoral Land

Pastoral land comprises areas, such as pastoral stations, used for primary production and/or for cultural and natural resource use activities, not including Rural Living areas (refer to 2.4.3). Anticipated future and existing pastoral land is depicted in Figures 4 and 5.

Objectives:

1. To protect land for primary production purposes.

2. To provide for the protection of the environmental values.

3. To provide for appropriate cultural and traditional land use.

4. To minimise the potential for land use conflict.

5. To carefully manage and protect natural resources.

Strategies:

1. Support pastoral activities while accommodating more irrigation-based and other economic diversification.

2. Support, if necessary through specific zoning in the Scheme, traditional cultural and natural resource uses.

3. Support the creation and protection of State managed nature reserves or Indigenous Protected Areas over areas with significant environmental/cultural values.

Actions:

· Set out a General Agriculture zone within the Scheme that provides for a range of rural activities associated with the pastoral industry and ancillary uses which are compatible with the capability of the land and retain the rural character and amenity of the locality.

· Set out a Cultural and Natural Resource zone within the Scheme that provides for traditional land use associated with cultural values and natural resources.

· Set out an Irrigation Investigation Area that reflects the extent of the Department of Agriculture’s LaGrange Project.

3.2.3 Cultural and Natural Resource Use Areas

These areas provide for structures and/or activities associated with traditional Aboriginal law and culture, and resource development. The land is predominantly associated with unallocated crown land within the Dampier Peninsula and provides for rural living associated with outstations, smaller Aboriginal settlements, minor tourism development, and resource development. Traditional uses associated with Aboriginal culture should be exempt from the need to obtain planning approval within the zone.

3.2.6 Pastoral

Land designated as Pastoral generally provides for pastoral use and agricultural opportunities or large land holdings to accommodate land uses which may require isolation from closer urban development. Traditional land uses associated with Aboriginal culture and heritage within this land use category is exempt from the need for planning approval.

3.2.23 Irrigation Investigation Areas

Irrigation Investigation Areas are shown as an overlay on the Strategy maps.

They identify areas which have been supported by the Department of Agriculture and Food WA (DAFWA) and Department of Water (DoW) as potential irrigation areas suitable for broad scale horticulture. Studies are currently underway in the La Grange Aquifer sub-area and the Waterbank area of the Dampier Peninsula to determine whether the areas are suitable for this purpose.

The form and scale of any potential horticultural development will be guided by the results of these investigations. The identification of land for ‘Irrigation Investigation’ does not mean that the land will be used for mono scale agriculture, however the outcomes of these investigations may ultimately support rezoning, and provide guidance for future subdivision and development.

Local Planning Scheme 6 (LPS 6)

The activities are likely to fall within the “General Agriculture” or “Cultural Natural Resource Use” Zones in Local Planning Scheme 6 (LPS 6). The following objectives are set for the zones:

4.12 Culture and Natural Resource Use Zone

4.12.1 The purpose of the Culture and Natural Resource Use Zone is to provide for the use of natural resources, preservation of Aboriginal heritage and cultural areas and the conservation of natural environmental values including significant landscapes and environmental areas.

4.12.2 The objectives of the Culture and Natural Resource Use Zone are to:

(a) provide for development associated with the extraction of mineral and natural resources;

(b) ensure the preservation of Aboriginal heritage and culturally significant areas;

(d) allow for low impact tourism development including limited tourist accommodation and camping areas; and

(e) allow land uses associated with Aboriginal heritage, traditional law and culture.

4.10 General Agriculture Zone

4.10.1 The purpose of the General Agriculture Zone is to provide for a range of rural activities which are compatible with the capability of the land and retain the rural character and amenity of the locality.

4.10.2 The objectives of the General Agriculture Zone are to:

(a) allow land uses which are compatible with general rural activities and which require large land holdings and/or separation from more intense land use and subdivision;

(b) retain the rural nature of the zone for pastoral and grazing activities, predominantly on large scale land holdings;

(c) allow small scale tourist related activities which may be associated with a pastoral station; and

(d) allow for land uses associated with Aboriginal heritage, traditional law and culture.

POLICY IMPLICATIONS

This policy will provide guidance to Council and Shire officers with regards to Mining, Petroleum and Geothermal proposals. As noted above the WA Parliament is currently undertaking an inquiry into the the Implications for Western Australia of Hydraulic Fracturing for Unconventional Gas. Whilst, the final outcomes of this inquiry is not yet available the legal advice obtained raised no concerns with Council adopting the proposed draft policy prior to the inquiry’s findings being available.

However, should Council wish not to adopt a formal policy in this regard at this point in time it is recommended that Council consider the following alternative motion:

That Council

1. Notes and acknowledges that the activities associated with mining, petroleum and geothermal energy resource extraction is assessed, approved and regulated by the relevant regulatory bodies including the Department of Mines and Petroleum, Environmental Protection Authority, Department of Health, Department of Environment and Regulation, Department of Environment (Federal), Department of Water and Department of Aboriginal Affairs and accepts the positions and assessment processes of the relevant regulatory bodies regarding these matters .

2. Writes to the Parliamentary Standing Committee on Environment and Public Affairs requesting a release date on the final report.

FINANCIAL IMPLICATIONS

Legal advice obtained through the process has been absorbed in operational costs. Advertising of the draft policy will also be absorbed in operational budget.

RISK

The risks associated with the relevant proposal are considered in the application process by various departments across a range of disciplines including where appropriate the Environmental Protection Authority. Generally the risks associated with the cost of remedial works where required will be borne by the proponent through its permit conditions from the Department of Mines and Petroleum.

Officers sought legal advice regarding the potential implications of having a policy in place and whether this will expose the Shire to significant litigation and potential compensation risks. The legal advice is provided as confidential Attachment 4.

In summary the legal advice outlines that there is no reason why the Shire should not proceed to adopt the Policy in the near future as there are in their opinion no liability risks associated with the adoption of the Policy. To the extent that any liability risks might arise from an approval which ought not to have been given or from a consultation which failed to raise the relevant matters apparently not addressed, those liability risk already exists, whether or not the policy is adopted.

STRATEGIC IMPLICATIONS

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

A healthy and safe environment

High level social capital that increases community capacity

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

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

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

Affordable land for residential, industrial, commercial and community use

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

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

Sustainable and integrated strategic and operational plans

Responsible resource allocation

Effective community engagement

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council adopts in accordance with section 2.7 (2)(b) of the Local Government Act 1995 the draft Policy on Mining, Petroleum and Geothermal Energy Resource Extraction, for a public comment period of 21 days.

Attachments

1.	Attachment No 1 - Legal Advice (Confidential to Councillors and Directors Only) This attachment is confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)(d) as it contains “legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting”.
2.	Attachment No 2 - Draft Policy
3.	Attachment No 3 - WA Parliamentary Inquiry into the implications of Hydraulic Fracturing for unconventional gas - Terms of Reference
4.	Attachment No 4 - Legal Advice regaring liability risk associated with adopting the Policy (Confidential to Councillors and Directors Only) This attachment is confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)(d) as it contains “legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting”.

Agenda – Ordinary Meeting of Council 27 August 2015 Page 34 of 35

9.2.2 4 JONES PLACE (OLD ST JOHNS BUILDING)

LOCATION/ADDRESS: 4 JONES PLACE

APPLICANT: Nil

FILE: Reserve 38845

AUTHOR: Asset & Building Coordinator

CONTRIBUTOR/S: Property Administration Officer

Manager Engineering Operations

RESPONSIBLE OFFICER: Director of Engineering Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 27 August 2015

SUMMARY: This report considers Expressions of Interest received for the disposal of 4 Jones Place (Reserve 38845) and seeks Council’s consideration of the recommendation contained within the Confidential Assessment Report.

BACKGROUND

Previous Considerations

OMC 24 July 2008 Item 11.2

OMC 14 April 2011 Item 9.2.4

OMC 19 December 2013 Item 9.2.3

OMC 27 November 2014 Item 9.1.4

OMC 2 June 2015 Item 9.1.2

At the Ordinary Meeting of Council held on 2 June 2015 it was resolved:

That Council:

Requests the Chief Executive Officer to call for Expressions of Interest for a period of four weeks to lease the property at Reserve 38845, 4 Jones Place Broome generally using the previous lease terms with the following amendments:

(a) the following eligibility criteria:

o Does your organisation employ full-time paid staff? Yes(ineligible)/No

o Is your organisation based in the Shire of Broome? Yes/No (ineligible)

o Are you a registered Not for Profit organisation as recognised by the ATO? Yes/No (ineligible)

o Does your organisation undertake commercial operations which are not considered general fund raising within its operating model? Yes(ineligible)/No

(b) the following criteria to assess Expressions of Interest submitted by eligible proponents;

o Financial capacity to manage and maintain the Jones Place property

o Demonstrative benefit and social wellbeing to the community

o Demonstrative level of governance to support longevity of tenure

o Demonstrative best utilisation of the premises

2. Authorises the transfer from the Building Reserve of $18,700 to account146051 to undertake works at the site to ensure the building is safe including electrical modifications, emergency lighting and repairs to the telecommunications mast.

COMMENT

Expressions of Interest (EOI) were advertised in the Broome Advertiser on 2 July 2015 and closed on 30 July 2015. Submissions were received from Broome Men’s Shed and Feed The Little Children Inc. Brief summaries of the two organisations follow.

Broome Men’s Shed

Broome Men’s Shed plays an important role in the community by providing meeting places where men can find social support and camaraderie. Their main objective is to advance the health and well being of the members by providing a safe and happy environment where skilled and unskilled men can pursue a hobby or interest.

Broome Men’s Shed is currently located at Broome Community Recovery Centre (BCRC) and has found the floor space to be inadequate and lacking in storage space. This space is a shared space with other organisations which limits Broome Men’s sheds opening hours which impacts on the growing membership of the community group. Other alternative locations have been explored.

See Confidential Attachment 1 – Broome Men’s Shed EOI

Feed The Little Children

Feed The Little Children is a charity group established to help counteract juvenile crime by targeting the link between crime rates and household/food insecurities. Feed The Little Children provides an emergency respite food service which is directed at 300 children who are at risk from household food insecurity. The secondary objective of this group is to be able to support households who wish to increase household food security. Research has shown that household food insecurity is linked to a range of social issues including, but not limited to health, general wellbeing, mental health and crime. Research has also shown that providing extra nutrition to growing children results in important positive effects on the child’s mind, body and behaviour.

Feed The Little Children currently accesses the St Marys College industrial kitchen; however it does not guarantee future requirements for up to 300 meals per day. Other alternative locations have been explored.

See Confidential Attachment 2 - Feed The Little Children EOI

Assessment and Evaluation

The assessment and evaluation of the two EOI’s is contained in the attached confidential ‘Assessment Report’. In accordance with Council’s eligibility criteria only grassroots community organisations were considered for this lease.

The qualitative evaluation demonstrated that both groups provided significant but widely different benefits to the community, and both had very strong arguments in their favour.

See Attachment 3 – Confidential Assessment Report

Leasing Issues

It is recommended that a 15 year lease be offered at a peppercorn rent of $1 per annum. The lessee is to take the property on an ‘as is basis’ and is to be responsible for all costs of maintaining the building and required insurance. The lessee is responsible for legal costs associated with the negotiation and preparation of the lease.

As both groups who submitted an expression of interest comply with Regulation 30, Council is exempt from the disposal provision in Section 3.58 of the Local Government Act 1995.

Building issues

Electrical modifications to the building have been completed to ensure the building is safe to occupy.

An engineering consultants report on the condition of the radio mast has been obtained, it recommends removal of the mast. Quotes are currently being sought for complete removal. These works would not impact on the occupancy of the building.

CONSULTATION

Nil

STATUTORY ENVIRONMENT

Local Government Act 1995

Local Government (Functions and General) Regulations 1996

Clause 2.4 The Local Government (Functions and General) Regulations 1996, Part 4, Division 2, regulation 18

(2) A tender that is submitted at a place, and within the time, specified in the invitation for tenders but that fails to comply with any other requirement specified in the invitation may be rejected without considering the merits of the tender.

3.58. Disposing of property

(1) In this section —

“dispose” includes to sell, lease, or otherwise dispose of, whether absolutely or not;

“property” includes the whole or any part of the interest of a local government in property, but does not include money.

(2) Except as stated in this section, a local government can only dispose of property to —

(a) the highest bidder at public auction; or

(b) the person who at public tender called by the local government makes what is, in the opinion of the local government, the most acceptable tender, whether or not it is the highest tender.

(3) A local government can dispose of property other than under subsection (2) if, before agreeing to dispose of the property —

(a) it gives local public notice of the proposed disposition —

(i) describing the property concerned;

(ii) giving details of the proposed disposition; and

(iii) inviting submissions to be made to the local government before a date to be specified in the notice, being a date not less than 2 weeks after the notice is first given;

and

(b) it considers any submissions made to it before the date specified in the notice and, if its decision is made by the council or a committee, the decision and the reasons for it are recorded in the minutes of the meeting at which the decision was made.

(4) The details of a proposed disposition that are required by subsection (3)(a)(ii) include —

(a) the names of all other parties concerned;

(b) the consideration to be received by the local government for the disposition; and

(c) the market value of the disposition as ascertained by a valuation carried out not more than 6 months before the proposed disposition.

(5) This section does not apply to —

(a) a disposition of land under section 29 or 29B of the Public Works Act 1902;

(b) a disposition of property in the course of carrying on a trading undertaking as defined in section 3.59;

(c) anything that the local government provides to a particular person, for a fee or otherwise, in the performance of a function that it has under any written law; or

(d) any other disposition that is excluded by regulations from the application of this section.

[Section 3.58 amended by No. 49 of 2004 s. 27.]

30. Dispositions of property excluded from Act s. 3.58

(1) A disposition that is described in this regulation as an exempt disposition is excluded from the application of section 3.58 of the Act.

(2) A disposition of land is an exempt disposition if —

(b) the land is disposed of to a body, whether incorporated or not —

(i) the objects of which are of a charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature; and

(ii) the members of which are not entitled or permitted to receive any pecuniary profit from the body’s transactions;

(2a) A disposition of property is an exempt disposition if the property is disposed of within 6 months after it has been —

(b) the subject of a public tender process called by the local government, in accordance with section 3.58(2)(b) of the Act, but either no tender is received or any tender received is unacceptable

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

Nil

STRATEGIC IMPLICATIONS

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

Effective communication

Affordable services and initiatives to satisfy community need

Accessible and safe community spaces

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

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

Affordable and equitable services and infrastructure

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

Responsible resource allocation

Effective community engagement

VOTING REQUIREMENTS

Absolute Majority

REPORT RECOMMENDATION:

That Council:

1. Receives the recommendation as contained in the Confidential Assessment Report for 02/15 Expression of Interest – Lease of Reserve 38845 – Lot 729 (4) Jones Place

2. In accordance with Regulation 30 (Functions and General Regulations) agrees to lease Reserve 38845 – Lot 729 (4) Jones Place to ________________

3. Delegates authority to the Chief Executive Officer to negotiate the terms and conditions of the lease arrangement subject to:-

(a). A peppercorn rent lease of $1 per annum;

(b). 15 year lease term;

(c). The Tenant take Reserve 38845 on an ‘as is basis’;

(d). The Tenant be responsible for all operational, maintenance and capital renewal costs associated with the Reserve; and.

(e) The Tenant be responsible for legal costs associated with the negotiation and preparation of the lease.

4. Authorises the Chief Executive Officer and the Shire President to engross the final document

(Absolute Majority Required)

Attachments

Attachment1 Broome Mens Shed EOI (Confidential to Councillors and Directors Only)

This attachment is confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(iii)) as it contains “a matter that if disclosed, would reveal information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government”, and section 5.23(2)(b) as it contains “the personal affairs of any person”.

Feed the Little Children (a) (Confidential to Councillors and Directors Only)

Confidential Assessment Report (Confidential to Councillors and Directors Only)

Agenda – Ordinary Meeting of Council 27 August 2015 Page 51 of 52

9.3.1 ESTABLISHMENT OF STAKEHOLDER AND COMMUNITY REFERENCE GROUP - CHINATOWN REVITALISATION PROJECT

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: PLA94

AUTHOR: Deputy Chief Executive Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Deputy Chief Executive Officer

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 4 August 2015

SUMMARY: This report provides Council with an update on the Chinatown Revitalisation Project and, as identified in the Chinatown Revitalisation Business Case, presents a proposal to Council to establish a Stakeholder and Community Reference Group for this project.

Whilst the Business Case is still being considered by the State Government, Officers recommend Council commences with establishing this reference group. This report presents Council with a proposed Terms of Reference for consideration and recommends Council call for nominations for positions on the group.

Prior to any announcement by the State Government on the funding for Chinatown Revitalisation, this group could assist with engagement and project development.

BACKGROUND

Previous Considerations

OMC 26 June 2014 Item 9.3.1

OMC 30 April 2015 Item 9.2.7

At its meeting on 30 April 2015, Council resolved the following:

That Council;

1. Endorse the Chinatown business case for presentation to Cabinet with the ability for the Chief Executive Officer to make minor amendments to the document as required and sign the business case on behalf of the Shire.

2. Authorise the Shire President to write to the Premier and Minister for Regional Development advising that Council endorses the Chinatown Revitalisation Business Case and is prepared to consider $2 million towards the revitalisation of Chinatown if the Business Case is approved by Cabinet.

3. Request the Chief Executive Officer to liaise with the KDC and Landcorp to finalise the Steering Committee terms of reference and governance model.

4. Request the Chief Executive Officer liaise with stakeholders to develop terms of reference for a Chinatown Community Reference Group for consideration by Council.

5. Request the Chief Executive Officer to call tenders to establish a panel of “Project Managers” to assist in delivery of existing and future potential projects.

Progress on the Chinatown Project has centred around three main areas as follows:

Consideration of the Business Case by the State Government

The Business Case has been referred to the Department of Regional Development (DRD) for feedback as is the standard process. Detailed feedback was received last week from DRD and has been responded to by the Shire, Landcorp and the KDC. This feedback will be considered by DRD and the Business Case will then be referred to Treasury prior to formal consideration by Cabinet.

In line with Council’s resolution, the Shire President forwarded correspondence to the Premier and Minister for Regional Development supporting the project and endorsing the Business Case.

As a result of the engagement that has already taken place with regard to the Business Case, a significant number of support letters have been received from local stakeholders endorsing the Business Case. These have been provided to the State for consideration.

Project Management and Delivery

LandCorp has been tasked with preparing an overall Project Management Plan to coordinate the timely delivery of all aspects of the proposed redevelopment. The Shire and KDC are having significant input into the development of this plan. The plan proposes that responsibility for delivering projects (pending their endorsement by Cabinet), will split between the Shire and LandCorp. The formal approval of this will come to Council for consideration once the Business Case is endorsed.

To manage the capital construction projects proposed to be the responsibility of the Shire Officers, in addition to the existing capital projects to be delivered, it is proposed that external project managers are engaged.

Extensive legal advice was obtained on the most appropriate means to provide the additional capacity required to deliver projects the Shire will be responsible for, together with existing major capital projects. This advice recommended calling two tenders for set works rather than establishing a “panel tender” for project management.

One of these tenders would be for existing major capital projects (KRO and BRAC Aquatic). This tender has been called and the assessment is the subject of a separate report for Councils’ consideration.

The second tender would be called to project manage the major capital projects allocated to the Shire to deliver as part of the Chinatown Revitalisation. This tender is not proposed to be called until the funding has been secured, project governance established, and there is certainty regarding the projects for which Council will have responsibility.

Project Governance including Stakeholder and Community Engagement

Although still in development, the governance model for this project is expected to be along the following lines:

The final governance model, together with terms of reference for the Project Steering Group and the Project Control Group, will be reported to Council in the coming months.

This project is very important for Broome. How the community and stakeholders are engaged and meaningfully contribute towards the project outcomes is going to be critical to the success of this project. The establishment of a Stakeholder and Community Reference Group as outlined in this report should be seen as a first step in this process. It is proposed that the Stakeholder and Community Reference Group will have input, with the project partners, into the governance model. This may see some changes or modifications to the governance model and the reference group in the coming months.

COMMENT

Attached at Appendix 1 is a copy of the proposed terms of reference for the Stakeholder and Community Reference Group.

In accordance with the Shires Community Engagement Policy, Community Engagement Plans will be prepared for each major project. This will provide an opportunity for landowners, traders and other key stakeholders to be engaged in the relevant aspects of each project.

The Stakeholder and Community Reference Group therefore has the following purpose:

- Provide input and feedback to the Project Control Group and Council on the Revitalisation of Chinatown.

- Ensure the community and key stakeholders are appropriately engaged in the design and delivery of projects as part of the Chinatown Revitalisation.

- Act as a conduit between the Project Working Group and the community, traders and landowners in Chinatown.

The Reference Group will not be a decision making group nor a formal committee of Council. This responsibility will fall to the Steering Group who will act on advice from the reference group and the project control group.

It is proposed the membership of the group would be as follows:

- 1 x Councillor (1x Deputy) Shire of Broome (Chair of Group)

- 1 x Representative Yawuru

- 1 x Representative Broome Chamber of Commerce and Industry

- 1 x Representative Chinatown Traders

- 2 x Representatives of Landowners in Chinatown

- 4 x Community Representatives

Council could choose to wait to establish this group until the funding is announced however Officers consider this group would provide valuable assistance and input into the Frederick Street/Dampier Terrace and Lookout project and are therefore recommending it be established at this time.

If Council was to endorse the Officer recommendation, nominations would be sought from each of the above categories. The nominations received would then be presented to Council for consideration and appointment.

CONSULTATION

LandCorp and the Kimberley Development Commission have been involved in the development of the Terms of Reference and have been supportive of establishing this group at this time.

Stakeholders where advised of the establishment of a Community Reference Group when targeted consultation occurred regarding the Chinatown Business Case.

As mentioned above, major projects within the Chinatown Revitalisation will be required to have separate Community Engagement Plans. The funds for each engagement plan will be sourced from project costs.

STATUTORY ENVIRONMENT

It is proposed this group is not a formal committee of Council therefore no details on the establishment of Committee’s section of the Local Government Act is included.

POLICY IMPLICATIONS

Community Engagement Policy 5.1.10

FINANCIAL IMPLICATIONS

The costs of undertaking this Reference Group will be covered through existing operations and the funds available for the Chinatown Revitalisation.

RISK

It is important with a project of this nature to have strong engagement with stakeholders and the community. Failure to do so may result in misalignment between project expectations and project outcomes. This group will play a role in ensuring relevant and appropriate engagement occurs during this project.

It could be considered a risk to establish this group at this point prior to the State Government approval of the Business Case. However Officers consider that the group can play a role in assisting with existing projects and project development during this time. Furthermore, if funding is announced there will be a requirement to commence delivery of projects immediately. Having this group appointed and in place will assist in meeting this timeline.

The worst case scenario is that the State Government doesn’t allocate the funds for revitalisation of Chinatown and the group has to be disbanded.

STRATEGIC IMPLICATIONS

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

Effective communication

Affordable services and initiatives to satisfy community need

Accessible and safe community spaces

A healthy and safe environment

High level social capital that increases community capacity

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

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

Affordable land for residential, industrial, commercial and community use

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

Effective community engagement

Retention and attraction of staff

VOTING REQUIREMENTS

Absolute Majority

REPORT RECOMMENDATION:

That Council:

1. Agrees to establish the Chinatown Stakeholder and Community Reference Group and endorses the Terms of Reference as per Attachment 1.

2. Appoints Cr _______________________ to the group and Cr _______________ as their Deputy.

3. Requests the Chief Executive Officer to:

(a) Write to Yawuru inviting them to nominate a representative on the group.

(b) Write to the Broome Chamber of Commerce and Industry inviting them to nominate a representative on the group.

(c) Advertise the following positions in the local newspaper seeking nominations

(i) 1 x Chinatown Trader

(ii) 2 x Chinatown Landowners

(iii) 4 x Community Representatives

and report the outcomes to Council for consideration.

4. Requests the Chief Executive Officer seek feedback from the Stakeholder and Community Reference Group on the proposed governance model as it is developed and prior to presentation to Council.

(Absolute Majority Required)

Attachments

1.	DRAFT TERMS OF REFERNENCE CHINATOWN STAKEHOLDER AND COMMUNITY REFERENCE GROUP

Agenda – Ordinary Meeting of Council 27 August 2015 Page 63 of 64

9.3.4 TENDER 15/04 - PROJECT MANAGEMENT CONSULTANCY SERVICES

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: 15/04

AUTHOR: Special Projects Coordinator

CONTRIBUTOR/S: Manager Economic Development

RESPONSIBLE OFFICER: Chief Executive Officer

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 14 August 2015

SUMMARY: This report considers Tenders received for Project Management Consultancy Services and seeks adoption of the recommendation contained in the attached confidential tender evaluation report.

BACKGROUND

Previous Considerations

Nil

COMMENT

The Shire of Broome is moving into a development phase over the next two years across a range of approved capital projects including the BRAC Aquatic Centre Upgrade and the Kimberley Regional Office Redevelopment, both with budgeted funding. This tender is to appoint a project manager to manage and deliver these projects. A further project has been included within this tender process which is the Town Beach Revetment; this however is subject to the Shire of Broome’s discretion and Grant funding being received. Extensive legal advice was sought from Herbert Smith Freehills to ensure the tender RFT documentation and Contract Documentation was within legislative and regulatory local government requirements.

Tenders were called on the 1 July 2015 with a closing date of 22 July 2015. Thirty three (33) organisations registered their interest and received copies of the tender. Thirteen (13) submissions were received. The duration of the proposed Contract is for a two (2) year period with no extension options.

CONSULTATION

Herbert Freehills Smith

STATUTORY ENVIRONMENT

Local Government Act 1995

Section 1.8 Statewide public notice.

Where under this Act Statewide public notice of a matter is required to be given, section 1.7 applies except that the newspaper referred to in section 1.7(1)(a) is required to circulate generally throughout the State.

Section 3.57 Tenders for providing goods or services

(1) A local government is required to invite tenders before it enters into a contract of a prescribed kind under which another person is to supply good or services.

(2) Regulations may make provision about tenders

Local Government (Functions and General) Regulations 1996

Section 5 R14 Requirements for publicly inviting tenders

(1) When regulation 11(1), 12 or 13 requires tenders to be publicly invited, Statewide public notice of the invitation is to be given.

(2) If the CEO has, under regulation 23(4), prepared a list of acceptable tenderers, instead of giving Statewide public notice the CEO is required to give notice of the invitation to each acceptable tenderer listed.

(2a) If a local government —

(a) is required to invite a tender; or

(b) not being required to invite a tender, decides to invite a tender, the local government must, before tenders are publicly invited, determine in writing the criteria for deciding which tender should be accepted.

(3) The notice, whether under subregulation (1) or (2), is required to include —

(a) a brief description of the goods or services required;

(b) particulars identifying a person from whom more detailed information as to may be obtained;

(c) information as to where and how tenders may be submitted; and

(d) the date and time after which tenders cannot be submitted.

(4) In subregulation (3)(b) a reference to detailed information includes a reference to

(a) such information as the local government decides should be disclosed to those interested in submitting a tender;

(b) detailed specifications of the goods or services required;

(c) the criteria for deciding which tender should be accepted;

(d) whether or not the local government has decided to submit a tender; and

(e) whether or not the CEO has decided to allow tenders to be submitted by facsimile or other electronic means, and if so, how tenders may so be submitted.

(5) After a notice has been given under subregulation (1) or (2), a local government may vary the information referred to in subregulation (3) by taking reasonable steps to give each person who has sought copies of the tender documents or each acceptable tenderer, as the case may be, notice of the variation.

[Regulation 14 amended in Gazette 29 Jun 2001 p. 3130.]

Section 5 R15 Minimum time to be allowed for submitting tenders

(1) If the notice is published in the newspaper as part of giving Statewide public notice, the time specified in the notice as the time after which tenders cannot be submitted has to be at least 14 days after the notice is first published in the newspaper as part of giving Statewide public notice.

(2) If the notice is given to a person listed as an acceptable tenderer, the time specified in the notice as the time after which tenders cannot be submitted has to be at least 14 days after the notice is given.

Local Government Act 1996

Clause 2.4 The Local Government (Functions and General) Regulations 1996, Part 4, Division 2, regulation 18, paragraph (2)

(1) A tender that is submitted at a place, and within the time, specified in the invitation for tenders but that fails to comply with any other requirement specified in the invitation may be rejected without considering the merits of the tender.

POLICY IMPLICATIONS

The tender has been managed in accordance with Policy 2.3.7 Purchasing, as the value of the tender is over $100,000

FINANCIAL IMPLICATIONS

	Capital Expense 15/16 FY	Capital Expense 16/17 FY	Remarks
BRAC Aquatic Upgrade	$3,318,326		As per Long Term Financial Plan
Kimberley Regional Offices	$4,280,000	$1,880,000	As per Long Term Financial Plan
Town Beach Revetment		$4,200,000	As per Long Term Financial Plan
TOTAL	$7,598,326	$6,080,000
* The recommended tender is within the budget allocation for project management of the relevant work packages.

RISK

Risks associated with the evaluation report and tender:

A decision to not award has critical program implications to the BRAC Aquatic and KRO projects. This is considered possible but is for council to determine at its absolute discretion. The process undertaken and legal advice sought is considered appropriate mitigation to this risk. Considered unlikely, but could occur at some stage, resulting in a medium risk, however appropriate mitigation in the form of legal advice and a transparent and robust decision making process results in this being considered a Low risk. Alternative mitigation to not awarding the Tender could be to hire additional resources internal to the organisation. This option does not address the risk to time delays however.

STRATEGIC IMPLICATIONS

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

Affordable services and initiatives to satisfy community need

Accessible and safe community spaces

Participation in recreational activity

A healthy and safe environment

High level social capital that increases community capacity

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

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

A 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.

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

Affordable and equitable services and infrastructure

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

Responsible resource allocation

Effective community engagement

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council:

1. Adopts the recommendation as contained in the confidential tender assessment report for Tender 15/04 – Project Management Consultancy Services

2. Notes details of the successful tenderer will be available for public information in the Tender Register in accordance with Regulation 17 of the Local Government (Functions and General) Regulations 1996.

3. Authorises the Shire President and Chief Executive Officer to engross the Contract Document.

Attachments

Evaluation Report (Confidential to Councillors and Directors Only)

This attachment is confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(ii)) as it contains “a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government”, and section 5.23(2)((e)(iii)) as it contains “a matter that if disclosed, would reveal information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government”, and 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 27 August 2015 Page 71 of 72

9.4.2 MINUTES OF THE JOINT MEETING OF THE KIMBERLEY ZONE OF WALGA AND REGIONAL COLLABORATIVE GROUP HELD 3 AUGUST 2015

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: OGS03 & RCG01

AUTHOR: Director Corporate Services

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 19 August 2015

SUMMARY: This report requests Council to receive and endorse the Minutes from the Joint meeting of the Kimberley Zone of WALGA and Regional Collaborative Group held on 3 August 2015.

BACKGROUND

Previous Considerations

A copy of the minutes from the meeting held 3 August 2015 between members of the Kimberley Zone of WALGA and Kimberley Regional Collaborative Group (RCG) are attached for Council consideration.

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

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

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

COMMENT

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

7.1 STATE COUNCIL MEETING AGENDA AND PRESIDENT’S REPORT

The State Council Agenda and President’s Report had not been included in the Agenda for member Council’s consideration.

(REPORT RECOMMENDATION)

RESOLUTION:

That the Kimberley Zone of WALGA notes the State Council Meeting Agenda and Presidents Report has not been included in the Zone Agenda for member’s consideration.

Moved: Cr Moulden Seconded: Cr Archer

CARRIED UNANIMOUSLY 5/0

7.2 APPLICATION FOR TRANSFERAL OF ZONE MEMBERSHIP – SHIRE OF COCOS (KEELING) ISLANDS

The Shire of Cocos (Keeling) Islands are seeking support from the Kimberley Zone of WALGA to transfer from the Pilbara Country Zone to the Kimberley Country Zone.

(REPORT RECOMMENDATION)

RESOLUTION:

That the Kimberley Zone of WALGA;

1. Refers the matter to the Western Australian Local Government Association seeking State Council approval, and

2. Supports the Shire of Cocos (Keeling) Islands application and provide a letter of support to WALGA.

Moved: Cr Archer Seconded: Cr Moulden

CARRIED UNANIMOUSLY 5/0

8.1 KIMBERLEY ZONE OF WALGA & RCG MEETING RESOLUTION STATUS REPORT

A status report was provided from the Project Officer outlining progress or otherwise on Resolutions passed by the Zone/RCG since June 2014. The status report was received and noted for finalisation under the authorisation of the Secretariat.

(REPORT RECOMMENDATION)

RESOLUTION:

That the Kimberley Regional 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 Archer

CARRIED UNANIMOUSLY 4/0

8.2 KIMBERLEY ZONE OF WALGA 1415 FINANCIAL ACTIVITY REPORT

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

Indicators and Variances

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

Budget Year Lapsed 100%

Total Operating Income 101%

Total Operating Expenditure 98%

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

Project	Grant Received	Total Expenditure	% Complete
2012-13 DLGC – Records Management	$107,000- 13/14 FY	$97,000	100%
2013-14 DLGC – Capacity Audit of Synergy	$107,000- 14/15 FY $1,602 – 14/15 RCG Seed Fund	$108,602.16	100%
2014-15 DLGC – Corporate Performance Management	$158,000 – 14/15 FY	-	-
2010-11 CLGF – Key Worker Housing	$3,827,368- 13/14 FY	-	-
2011-12 CLGF – Key Worker Housing	$3,827,368- 14/15 FY $956,842+$8,646.75 interest - 14/15 FY	$4,795,476.75	100%
2012-13 CLGF – Key Worker Housing	$3,827,368- 14/15 FY	$3,827,368	100%
2014 DLGC – Kimberley Youth Strategy Stage 1	$40,000- 13/14 FY $10,635 – 14/15 RCG Seed Fund	$50,635.18	100%
2015 DLGC – Kimberley Youth Strategy Stage 2	$80,000- 14/15 FY $7,000- 14/15 FY -RDAK	-	-
2015 DLGC – Kimberley Volunteering Strategy Stage 1	$55,000- 14/15 FY	-	-

(REPORT RECOMMENDATION)

RESOLUTION:

That the Kimberley Regional Group adopts the Financial Activity Report for the period ended 30 June 2015.

Moved: Cr Moulden Seconded: Cr Archer

CARRIED UNANIMOUSLY 4/0

8.3 DECEMBER 2015 KIMBERLEY REGIONAL GROUP MEETING LOCATION

At the 9 December 2014 Zone/RCG Meeting in Halls Creek, it was resolved 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;

· 27 February 2015 - Derby

· 2-5 May 2015 - Darwin - Joint Kimberley/ Pilbara/ Northern Territory Forum

· 3-4 August 2015 - Perth - Local Government Week

· 3-5 December 2015 – Christmas Island (subject to member Council approval)

This item was then put to each member Council for endorsement. The outcomes of these deliberations follow;

· Shire of Broome - Ordinary Meeting of Council 26 March 2015. The item was endorsed subject to the December meeting being held within the Kimberley.

· Shire of Halls Creek - Ordinary Council Meeting 19 February 2015. The item was endorsed.

· Shire of Wyndham East Kimberley – Ordinary Council Meeting 27 January 2015. The meeting schedule was endorsed and notes that the December 2015 meeting will be held at Christmas Island and that the Shire of Wyndham East Kimberley will not participate in the Christmas Island meeting.

It was proposed that the December 2015 Kimberley Regional Group Meeting be held in the Kimberley on Friday 4 December 2015 at a location to be selected by members. The Kimberley Regional Group resolved to hold the meeting in Kununurra.

From a Shire of Broome perspective, the financial implications of attending the meeting based on the attendance of two Councillors and two members of staff for two nights is estimated to be approximately $4,000 towards travel, meals and accommodation expenses. The Shire of Broome has sufficient budget to cover these expenses.

(REPORT RECOMMENDATION)

RESOLUTION:

That the Kimberley Regional Group endorses the 4 December 2015 Meeting is held in Kununurra.

Moved: Cr Moulden Seconded: Cr Archer

CARRIED UNANIMOUSLY 4/0

8.4 SAVANNAH WAY MEMBERSHIP

The Savannah Way Limited is seeking the Kimberley Councils joint platinum membership. Savannah Way Limited is a non-profit company formed to market quality visitor experiences along the drive route for the economic and social well-being of communities in the region. They work to assist small businesses and communities along the route through sustainable tourism and network support including tourism promotion, road signage, brochure and merchandise distribution, agent and media contact. Savannah Way Limited also links stakeholders with the market (and each other), as well as assisting regional development through research, projects, training and consultation.

(REPORT RECOMMENDATION)

RESOLUTION:

That the Kimberley Regional Group;

1. Authorises the four Kimberley Shires to jointly obtain platinum membership of the Savannah Way Limited subject to each member Councils endorsement, and

2. Adopt a budget amendment for 2015/16 for income of $5,000-Transfer from reserve, Expenditure $5,000.

Moved: Cr Moulden Seconded: Cr Archer

CARRIED UNANIMOUSLY 4/0

8.5 TAKEAWAY ALCOHOL MANAGEMENT SYSTEM REQUEST FOR ADDITIONAL FINANCIAL ASSISTANCE

This report requests additional financial support for the monitoring and evaluation of the 12 month trial of a Takeaway Alcohol Management System (TAMS) for the Shire of Wyndham East Kimberley.

The Shire does not have the available funding to engage additional resources or to utilise existing resources to gather statistical and anecdotal information from a range of key human service providers and local businesses to identify and document any changes in alcohol-related indicators as a result of the TAMS trial. As this is a critical component of the TAMS trial the Shire is seeking additional funding from the Kimberley Zone to assist the Shire in undertaking this function.

RESOLUTION:

That the Kimberley Regional Group;

1. Authorises the additional funding of $15,000.00 be provided to the Shire of Wyndham East Kimberley for the engagement of a resource to monitor and prepare an evaluation report on the Takeaway Alcohol Management System Trial,

2. Seek individual member Council endorsement for the funding, and

3. Authorise the Zone Secretariat to write to Regional Development Australia to provide an update on the TAMS Trial.

Moved: Cr Archer Seconded: Cr Moulden

CARRIED UNANIMOUSLY 4/0

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

This report provides an update as to the status of the Country Local Government Fund to progress the Key Worker Housing project. The Shire of Broome has recently awarded a tender for a house and land package to build a single dwelling with reallocated grant funds.

(REPORT RECOMMENDATION)

RESOLUTION:

That the Kimberley Regional 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 Archer Seconded: Cr Moulden

CARRIED UNANIMOUSLY 4/0

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

A grant for $107,000 was approved by the Department of Local Government and Communities for the purchase and implementation of an Office 365 Cloud based collaboration and Records Management System for the Kimberley Zone. This report provided an update on progress of the project.

The final stage of the project involves the training role out of the system to all user groups, which is intended to be arranged for the coming month.

(REPORT RECOMMENDATION)

RESOLUTION:

That the Kimberley Regional Group notes the finalisation of the Department of Local Government and Communities 2012-13 Grant Funded Records Management Project.

Moved: Cr Moulden Seconded: Cr Edwards

CARRIED UNANIMOUSLY 4/0

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

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

A Final Grant Acquittal for the Regional Business Plan – 2013/2014 Business Intelligence System Grant funding for the Capacity Audit of Synergy has been submitted to the Department of Local Government and Communities.

(REPORT RECOMMENDATION)

RESOLUTION:

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

Moved: Cr Moulden Seconded: Cr Edwards

CARRIED UNANIMOUSLY 4/0

8.9 DEPARTMENT OF LOCAL GOVERNMENT & COMMUNITIES 2014/15 GRANT FUND EXPENDITURE – CORPORATE PERFORMANCE MANAGEMENT

This report provided an update as to the status of the Department of Local Government and Communities funding to progress the implementation of the Corporate Performance Management toolset for the Kimberley Zone and Regional Collaborative Group.

The corporate performance management (CPM) application seamlessly utilises the SynergySoft Enterprise Resource Planning data along with any other relevant data sources required for mandatory and desirable management use. The CPM toolset comes fully integrated with SynergySoft and populated with three initial functional solutions, including;

· Statutory Workforce Planning

· Financial Reporting and Analysis

· Operational Performance Indicators

The proposed objectives of the project are to enhance the availability and sophistication of analytical management reporting for both mandatory as well as desirable organisational business requirements. This project will facilitate a standardised and comparative approach to reporting analysis across the Kimberley Zone that provides the basis for future benefits consideration such as comparative or consolidated reporting and benchmarking. The project is fully funded from grants.

(REPORT RECOMMENDATION)

RESOLUTION:

That the Kimberley Regional Group notes the progress of the Department of Local Government and Communities 2014-15 Grant Funded Corporate Performance Management project.

Moved: Cr Moulden Seconded: Cr Archer

CARRIED UNANIMOUSLY 4/0

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

This report provided an update as 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.

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.

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 were agreed.

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

· Service provider mapping has been completed.

· 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 has been completed.

· A Project progress report has been provided to the DLGC Director General.

· A Final Local Government Consultation Report has been provided.

· A draft Service Providers Report has been provided.

· A draft Consultation with Young People Report has been provided.

· A Final Kimberley Youth Services Mapping Document has been provided.

· A Final Stage 1 - Consultation Report has been provided.

A meeting of the Executive Group was conducted on 15 April 2015 to discuss the delivery of Stage 1 – Consultation and the scope of Stage 2. It was agreed that Stage 2 would include the Kimberley Zone Strategy and Action Plan as well as a process of aligning the Kimberley Action Plan with each Shires Strategic Community Plan by identifying linkages and developing a plan for each Shire to build the capacity of the Shire and the community to meet the identified needs and remedy shortfalls in the current approaches to Youth Services.

A Final Grant Acquittal for the 2014 Grant funding for the Kimberley Youth Strategy Stage 1 – Consultation Report has also been submitted to the Department of Local Government and Communities.

RESOLUTION:

That the Kimberley Regional Group;

1. Receives the final Kimberley Youth Strategy Stage 1 – Consultation report, and

2. Notes the finalisation of the Department of Local Government and Communities 2014 Grant Funding for the development of the Kimberley Youth Strategy Stage 1 - Consultation.

3. The Consultants work closely with service agencies to ensure no duplication of findings.

Moved: Cr Archer Seconded: Cr Edwards

CARRIED UNANIMOUSLY 4/0

8.11 DEPARTMENT OF LOCAL GOVERNMENT & COMMUNITIES 2014 GRANT FUND EXPENDITURE – KIMBERLEY YOUTH STRATEGY – STAGE 2 STRATEGY AND ACTION PLAN

This report provided an update as to the status of the Department of Local Government and Communities grant funding to progress the development of the Action Plan for the Kimberley Zone and Regional Collaborative Group.

The purpose of this project is to draw on the information obtained during the consultation phase, undertake consultation with youth, youth sector service providers and local governments across the Kimberley to inform the development of the Kimberley Youth Strategy.

The Kimberley Youth Strategy – Stage 2 – Strategy and Action Plan, will take on 6 project phases;

Phase 1 – Environmental Scan

1.1 Review the impact of current and proposed commonwealth and state youth services policies and trends.

1.2 Research other federal, state and local government policy initiatives to ascertain and inform strategies for positioning the Kimberley Regional Group to take advantage of future potential funding and strategic opportunities.

Phase 2 – Workshop

2.1 Facilitate a workshop with relevant staff representatives from each of the Shires to;

§ establish a framework for local government involvement in youth services that guides a consistent, coordinated approach while allowing for the different operating contexts and delivery methods each shire has,

§ identify priority focus areas for the strategic plan,

§ provide an opportunity for knowledge sharing,

§ identify best methods for ongoing collaboration.

Phase 3 – Develop Youth Strategy

3.1 Develop an overarching strategy document with the Kimberley Local Governments that is informed by the work undertaken during Stage 1 of the project and the environmental scan.

Phase 4 – Develop Action Plan

4.1 Develop an action plan detailing specific activities and timeframes for implementing the youth strategy.

Phase 5 – Alignment of Kimberley Action Plan with each Shires Strategic Community Plan

5.1 Identify and link how each specific activity from the Kimberley action plan will fit into each Shire’s Strategic Community Plan and develop a plan for each Shire to build the capacity of the Shire and its community to meet the identified needs and remedy shortfalls in the current approaches to Youth Services.

Phase 6 – Convene and establish a youth engagement group for each Shire to discuss the action plan and develop activities for implementation of Stage 3.

6.1 Establish a youth engagement group at Broome, Derby, Fitzroy Crossing, Halls Creek and Kununurra to workshop with relevant staff representatives the activities from the action plan that will be prepared for implementation in Stage 3.

The Kimberley Youth Strategy Stage 2 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 were agreed.

· An environmental scan was commenced.

(REPORT RECOMMENDATION)

RESOLUTION:

That the Kimberley Regional Group notes the progress of the Department of Local Government and Communities 2015 Grant Funding for the development of the Kimberley Youth Strategy Stage 2.

Moved: Cr Moulden Seconded: Cr Archer

CARRIED UNANIMOUSLY 4/0

8.12 DEPARTMENT OF LOCAL GOVERNMENT & COMMUNITIES 2015 GRANT FUND EXPENDITURE – KIMBERLEY VOLUNTEERING STRATEGY – STAGE 1 – CONSULTATION

This report provided an update as to the status of the Department of Local Government and Communities grant funding to progress the development of the Kimberley Volunteering Strategy Stage 1 – Consultation for the Kimberley Regional Group

The objective of this project is to undertake consultation with volunteers, volunteer service agencies and local governments across the Kimberley to inform the development of the Kimberley Volunteering Strategy.

The Kimberley Volunteering Strategy – Stage 1 – Consultation, will take on 5 project phases;

Phase 1 – Mapping of volunteer services agencies

1.1 Develop a database of currently available volunteer services, groups and programs within the Kimberley region. The database will include the following details for each service:

· Name

· Category of service

· Service location and reach

· Purpose

· Who the service is targeted at

· What programs or services are offered

· What the benefits are

· Who funds the agencies

1.2 Analysis and identification of the Volunteering Service Agency Database, duplication of, or gaps in volunteering service provision.

Phase 2 – Consultation

2.1 Develop a consultation strategy with the Kimberley Zone and Kimberley Local Governments, for a consultant to deliver. Ensuring the views of volunteers, service agencies and local governments are captured. The strategy will identify the best methods for communicating and engaging with each stakeholder group. These methods will include designing and conducting:

· surveys

· telephone interviews

· face to face interviews

· workshops

· other engagement methods as identified in discussion with stakeholders.

2.2 Contract a consultant to undertake the consultation process with key volunteer service agencies and volunteers to inform the Kimberley Volunteering Strategy, in the following towns:

· Broome

· Derby

· Fitzroy Crossing

· Halls Creek

· Kununurra

· Wyndham

Phase 3 – Reports on consultation findings

3.1 Development of three reports based on the consultation findings.

3.1.1 Report 1 – Volunteers

This report will outline the demographic profile of volunteers, data on the volunteers consulted and feedback about engagement strategies used. The report will also include descriptions of key consultation findings on what is important for a volunteer friendly community and what needs to be done to make the community volunteer friendly under the following themes;

· Capacity building (Skills, Education and Training)

· Agency support, leadership and services for strategic and operational matters

· Promotion and Recognition

· Paid administrative staff to allow volunteers to focus on the goals of the group

· Communication and information

· Succession Planning (Recruitment, retention, reward for civic participation)

The report will identify contemporary volunteering trends and issues. It will also detail how the outcomes of the consultation can inform the broader Volunteering Strategy.

3.1.2 Report 2 – Service providers

This report will include details of volunteer engagement strategies used by volunteer service agencies, as well as analyse the effectiveness of these strategies. The report will encapsulate the needs of volunteer service agencies.

3.1.3 Report 3 – Local Government

This report will provide an overview of consultation with local government including;

· Key issues in their region

· Feedback about Volunteer engagement strategies used

· Any funding of volunteering service agencies

· Details of memorandums of understanding in place with relevant volunteer service agencies

Phase 4 – Analysis

4.1 Analysis of information obtained during phases 1 and 2 of consultation, and inclusion of relevant policy or strategy documents identified to inform the final report.

Phase 5 – Final report

5.1 Development of the final report to incorporate the findings from the mapping and consultation process included with the overall analysis of the issues identified and outcomes achieved by volunteer service agencies and their volunteers.

8.13 COLLABORATIVE GRANT APPLICATION FOR ORGANISATIONAL DEVELOPMENT

This report proposed a collaborative grant submission be made to Lotterywest to assist with organisational development through the holding of training in the Kimberley. The Shire of Halls Creek proposed to bring training opportunities to the Kimberley in order to limit the expenditure on travel and accommodation and increase the number of employee development opportunities. In order to achieve this within tight budget constraints, it was proposed for a collaborative grant application to be submitted to Lotterywest for Organisational Development for $120,000 to be spilt evenly among the four Shires.

(REPORT RECOMMENDATION)

RESOLUTION:

That the Kimberley Regional Group authorise the Secretariat to establish a collaborative grant application to Lotterywest for the purpose of organisational development.

Moved: Cr Moulden Seconded: Cr Edwards

CARRIED UNANIMOUSLY 4/0

8.14 KIMBERLEY REGIONAL GROUP SEED FUND PROJECTSThis report provided a list of recommended projects for the Regional Group surplus Seed Funding.

RESOLUTION:

That consideration of this item be deferred.

Moved: Cr Archer Seconded: Cr Moulden

CARRIED UNANIMOUSLY 4/0

8.15 JOINT KIMBERLEY, PILBARA AND NORTHERN TERRITORY FORUM OUTCOMES REPORT

The ‘Next Port of Call Forum’ Outcomes Report was attached for member consideration.

The aim of the forum was to bring together strategic perspectives on a range of issues and collaborations relevant to Local Governments across Northern Australia. Shared initiatives sessions were held after each group of speakers and a Roundtable session was held at the end of each day to identify and clarify key initiatives. A final Roundtable was held at the conclusion of the forum to identify a smaller number of high priority initiatives to be progressed.

RESOLUTION:

That the Kimberley Regional Group ;

1. Receives the ‘Next Port of Call Forum 2015 Outcomes Report’, and

2. That the CEO group be delegated authority to prioritise and circulated the project list to member Councils.

Moved: Cr Archer Seconded: Cr Edwards

CARRIED UNANIMOUSLY 4/0

11.1 CHANGE OF SECRETARIAT

During general business the Secretariat raised the matter of the potential change in the member Council whom held the responsibility for Secretariat of the Kimberley Zone/RCG. It was advised that this matter could be discussed with Mr Tony Brown of WALGA in October and that the Shire of Derby West Kimberley had requested the role.

RESOLUTION:

That Member Councils consider the change of Secretariat from the Shire of Broome to the Shire of Derby West Kimberley.

Moved: Cr Archer Seconded: Cr Edwards

CARRIED UNANIMOUSLY 4/0

CONSULTATION

Nil

STATUTORY ENVIRONMENT

Nil

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

Members have been requested to consider the allocation of further surplus Kimberley Zone of WALGA/RCG funds of $15,000 being allocated toward the Shire of Wyndham East Kimberley Takeaway Alcohol Management System Upgrade. In addition, $5,000 of surplus funds is also sought for the four Kimberley Shires to jointly obtain platinum membership of the Savannah Way Limited subject to each member Council’s endorsement.

It is proposed to seek a formal budget amendment to the Kimberley Zone accounts in due course, should support for the aforementioned allocations be forthcoming from the other member Councils.

RISK

There is minimal risk associated with the recommendation of this report to the Shire of Broome.

STRATEGIC IMPLICATIONS

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

Affordable services and initiatives to satisfy community need

High level social capital that increases community capacity

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

Affordable and equitable services and infrastructure

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

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

An organisational culture that strives for service excellence

Sustainable and integrated strategic and operational plans

Responsible resource allocation

Effective community engagement

Retention and attraction of staff

Improved systems, processes and compliance

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council:

1. Receives and endorses the resolutions of the Kimberley Zone of WALGA/Regional Collaborative Group as attached in the minutes from the Joint Meeting held 3 August 2015 enbloc;

2. Requests the Chief Executive Officer to provide the following feedback to the Kimberley Zone of WALGA:

a. Supports the utilisation of $15,000 of Kimberley Zone of WALGA surplus funds towards the Takeaway Alcohol Management System trial within the Shire of Wyndham East Kimberley, subject to endorsement of all four member Councils; and

b. Supports the utilisation of $5,000 of Kimberley Zone of WALGA surplus funds towards membership of Savannah Way Limited, subject to endorsement of all four member Councils.

3. Approves and endorses the transfer of Secretariat responsibilities from the Shire of Broome to the Shire of Derby West Kimberley.

Attachments

1.	Minutes 3 August 2015
2.	Attachments

Agenda – Ordinary Meeting of Council 27 August 2015 Page 86 of 87

10.1 ARTS, CULTURE & HERITAGE ADVISORY COMMITTEE MEETING MINUTES 16 JULY 2015

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: RCS12

AUTHOR: Youth and Community Development Officer

CONTRIBUTOR/S: Manager Community Development

RESPONSIBLE OFFICER: Deputy Chief Executive Officer

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 11 August 2015

SUMMARY:

This report presents the Minutes and associated recommendations of the Arts Culture and Heritage Advisory Committee meeting held 16 July 2015 for Council’s consideration.

BACKGROUND

The Arts, Culture and Heritage Advisory Committee (ACHAC) meets quarterly to provide advice to Council on matters relating to arts, culture and heritage.

Previous Considerations

As outlined in the attached Minutes and;

OMC 30 July 2015 Item 9.2.3

COMMENT

The Minutes of the ACHAC meeting held 16 July 2015 are attached. At this meeting two items were considered:

6.1 Civic Centre Programming

6.2 Public Art - Amended Policies and Guidelines, Delegation of Authority

6.1 Civic Centre Programming

The Committee was presented with an overview and feedback regarding shows presented at the Civic Centre since February 2014. The Committee was pleased with the variety of shows presented and attendance rates and commended officers on the success of the 2014 production season. An amendment was made to the Officer recommendation to acknowledge the success of the 2014 program of live shows.

The proposed 2015-16 production schedule was also presented to and endorsed by the Committee for Council’s consideration.

6.2 Public Art - Amended Policies and Guidelines, Delegation of Authority

The Committee also considered proposed amendments to Council policies relating to public art and recommends the proposed policies and guidelines to Council along with a recommendation that delegation be given to the ACHAC for decision making regarding the selection of artist(s) and design approval for public artworks.

As outlined in the attached minutes, the ACHAC was asked to consider the following documents which were developed with consideration for feedback provided during the public consultation for the Public Art Master Plan and from members of the ACHAC and officers;

1. Business Operating Procedure 3.2.0 – Public Art

2. Appendix A - Public Art Guidelines

3. Appendix B – Guidelines for Developers – Provision of Public Art – LPP 8.20

4. Instrument of Delegation – Delegation of powers and duties of Council to the Arts, Culture and Heritage Advisory Committee – Approval acquisition and disposal of Public Art;

5. Amended Terms of Reference for the Arts, Culture and Heritage Advisory Committee;

6. Amended Local Planning Policy 8.20 – Provision of Public Art

7. Amended Policy 5.1.6 – Public Art

These documents are attached for Council’s consideration. It should be noted that Local Planning Policy 8.20 – Provision of Public Art was considered and endorsed by Council at the OMC held on 30 July 2015 as part of a Local Planning Policy Review. The endorsed amendments to this policy are reflected in the amended policy presented to the ACHAC.

It is proposed that Council delegates authority to the ACHAC to make decisions relating to public art on behalf of the Shire regarding the;

a) commissioning model to be used

b) selection of artist(s)

c) approval of concepts and design

The ACHAC will continue to be required to make a recommendation to Council seeking approval for the location of an artwork where it is located on public land as well as budget allocations and the use of funds held in the Public Art Reserve.

The Committee has requested that a workshop be held with Council to determine short term priorities for the location and type of public artworks in Broome.

CONSULTATION

As outlined in the attached Minutes. While Local Planning Policy 8.20 – Provision of Public Art has been advertised for public comment, it is not proposed to advertise Policy 5.1.6 – Public Art as a) this is an operational policy and b) the amendments to this policy reflect the feedback provided during the consultation process for the Public Art Master Plan.

STATUTORY ENVIRONMENT

Local Government Act 1995

5.17 Limits on delegation of powers and duties to certain committees

(1) A local government can delegate —

(b) to a committee comprising council members and employees, any of the local government’s powers or duties that can be delegated to the CEO under Division 4; and

(c) to a committee referred to in section 5.9(2)(c), (d) or (e), any of the local government’s powers or duties that are necessary or convenient for the proper management of —

(i) the local government’s property; or

(ii) an event in which the local government is involved.

5.42. Delegation of some powers and duties to CEO

(1) A local government may delegate* to the CEO the exercise of any of its powers or the discharge of any of its duties under —

(a) this Act other than those referred to in section 5.43; or

(b) the Planning and Development Act 2005 section 214(2), (3) or (5).

* Absolute majority required.

(2) A delegation under this section is to be in writing and may be general or as otherwise provided in the instrument of delegation.

[Section 5.42 amended by No. 1 of 1998 s. 13; No. 28 of 2010 s. 70.]

5.43. Limits on delegations to CEO

A local government cannot delegate to a CEO any of the following powers or duties —

(a) any power or duty that requires a decision of an absolute majority or a 75% majority of the local government;

POLICY IMPLICATIONS

As outlined in the attached Minutes.

FINANCIAL IMPLICATIONS

As outlined in the attached Minutes.

RISK

As outlined in the attached Minutes.

STRATEGIC IMPLICATIONS

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

Effective communication

Affordable services and initiatives to satisfy community need

Participation in recreational activity

High level social capital that increases community capacity

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

A 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.

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

Affordable and equitable services and infrastructure

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

Responsible resource allocation

Effective community engagement

Improved systems, processes and compliance

VOTING REQUIREMENTS

Absolute Majority

COMMITTEE RECOMMENDATION:

The Committee recommends that Council;

1. Acknowledges the success of the 2014 program of live shows presented by the Shire as attached to this report.

2. Endorses the proposed Broome Civic Centre programming for 2015-2016 subject to the outcomes of the 2015-16 Budget process.

3. Amends Local Planning Policy 8.20 and Policy 5.1.6 as attached to this report;

4. Endorses Appendices A and B as attached to this report to the Business Operating Procedure for Public Art as guidelines for the implementation of public art projects;

5. Delegates authority to the Arts, Culture and Heritage Advisory Committee to make decisions relating to public art on behalf of the Shire regarding:

(a) commissioning process to be used;

(b) selection of artist(s);

(c) approval of concepts and design;

6. Notes that the Delegation of Authority includes a condition that decisions made under delegation require an absolute majority vote and where this cannot be achieved, the decision will be referred to Council;

7. Adopts the amended Terms of Reference for the Arts, Culture and Heritage Advisory Committee as attached to this report.

8. Requests the Chief Executive Officer to hold a workshop with Council and the Committee to determine short-term priorities for the location and type of public artworks in Broome.

(Absolute Majority Required)

REPORT RECOMMENDATION:

That Council;

1. Receives the Minutes of the Arts Culture and Heritage Advisory Committee meeting held 16 July 2015 and endorses the recommendations of the Committee as below:

2. Acknowledges the success of the 2014 program of live shows at the Broome Civic Centre presented by the Shire.

3. Endorses the proposed Broome Civic Centre programming for 2015-2016 subject to the outcomes of the 2015-16 Budget process.

4. Notes amendments to Local Planning Policy 8.20 were adopted by Council at the 30 July 2015 OMC and amends Policy 5.1.6 as attached to this report;

5. Endorses Appendices A and B as attached to this report to the Business Operating Procedure for Public Art as guidelines for the implementation of public art projects;

6. Delegates authority to the Arts, Culture and Heritage Advisory Committee to make decisions relating to public art on behalf of the Shire regarding:

(a) commissioning process to be used;

(b) selection of artist(s);

(c) approval of concepts and design;

7. Notes that the Delegation of Authority includes a condition that decisions made under delegation require an absolute majority vote and where this cannot be achieved, the decision will be referred to Council;

8. Adopts the amended Terms of Reference for the Arts, Culture and Heritage Advisory Committee as attached to this report.

9. Requests the Chief Executive Officer to hold a workshop with Council and the Committee to determine short-term priorities for the location and type of public artworks in Broome.

(Absolute Majority Required)

Attachments

1.	MINUTES - ACHAC 160715
2.	BUSINESS OPERATING PROCEDURE 3.20
3.	APPENDIX A - PUBLIC ART GUIDELINES
4.	APPENDIX B - GUIDELINES FOR DEVELOPERS
5.	DRAFT DELEGATION OF AUTHORITY
6.	AMENDED TERMS OF REFERENCE - ACHAC
7.	AMENDED POLICY 5.16

Agenda – Ordinary Meeting of Council 27 August 2015 Page 91 of 92

10.2 MINUTES OF THE BROOME CEMETERY ADVISORY COMMITTEE 5 AUGUST 2015

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: CTE39

AUTHOR: Manager Governance

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 11 August 2015

SUMMARY: This report presents the minutes of the Broome Cemetery Advisory Committee (BCAC) held 5 August 2015 and advises Council of the matters discussed at the meeting.

BACKGROUND

Previous Considerations

The Broome Cemetery Advisory Committee (BCAC) meets bi-monthly to discuss matters relating to the management and administration of the Shire of Broome Cemeteries.

A meeting was held on Wednesday 5 August 2015 and the Minutes from this meeting are attached (attachment 1).

COMMENT

The Committee noted the Burial Statistics Report for burials that occurred in all Cemeteries within the Shire of Broome for the period 4 June to 5 August 2015 and made the following recommendation to Council:

COMMITTEE RECOMMENDATION:

(REPORT RECOMMENDATION)

Moved: Ms E Yu Seconded: Ms J Bin Omar

That the Broome Cemetery Advisory Committee notes the Burial Status Report for the period 4 June to 5 August 2015 inclusive.

CARRIED UNANIMOUSLY 5/0

********************

The Committee also noted the Cemeteries Financial Report as at 30 June 2015 and made the following recommendation to Council:

COMMITTEE RECOMMENDATION:

(REPORT RECOMMENDATION)

Moved: Ms J Bin Omar Seconded: Ms C Masuda

That the Broome Cemetery Advisory Committee notes the Cemeteries Financial Report as at 30 June 2015 as attached.

CARRIED UNANIMOUSLY 5/0

********************

A report was presented advising the Committee that Fr Matt Digges had resigned from his position of Chairperson and member of the Broome Cemetery Advisory Committee (BCAC) as he had relocated from Broome to continue his studies.

The Committee were advised of correspondence dated 5 August 2015 received from Fr Paul Boyers to replace Fr Matt Digges as a representative of the Broome Catholic Church.

The Committee made the following recommendation to Council:

Committee recommendation:

Moved: Ms J Bin Omar Seconded: Ms C Masuda

That the Committee:

1. Notes the resignation of Father Matt Digges as representative of the Broome Catholic Church and Broome Ministers Fraternal.

2. Notes an election for the position of Chairperson and Deputy Chairperson will be held once the term expires following Local Government Elections in October 2015.

3. Recommends appointment of Fr Paul Boyers as a member of the Broome Cemetery Advisory Committee representing the Broome Catholic Church.

CARRIED UNANIMOUSLY 5/0

********************

A report was presented to the Committee providing details of the Community Engagement Plan that has been developed to obtain public comment on the draft Cemetery Masterplan. Submissions will be accepted until 1 October 2015.

The Committee noted the Community Engagement Plan and Submissions Form and made the following recommendation to Council.

Committee recommendation:

(Report Recommendation)

Moved: Ms J Bin Omar Seconded: M C Masuda

That the Committee notes the Community Engagement Plan and Submission Form for the Broome Cemetery Draft Master Plan.

CARRIED UNANIMOUSLY 5/0

********************

General Business:

Ms C Masuda provided the Committee with an update on the progress of the Japanese Cemetery Project currently being undertaken by Hayato Sakurai, and were advised that a comprehensive database should be completed by the end of this year.

The relocation of the Japanese headstones from the Museum was discussed. The headstones will be relocated to a temporary location with a view that they eventually be returned to the Japanese Cemetery.

Ms E Yu queried whether the Heritage Council had been approached to provide funding for the Masterplan. Officers advised that the Heritage Council would be consulted as a Primary Stakeholder. Funding opportunities would be investigated in due course.

Ms E Yu queried whether the Pioneer Cemetery or any of the community cemeteries had been considered as part of the Masterplan. Officers advised that the Masterplan is only focussing on the Broome Cemetery at this point and that the Pioneer Cemetery had been given consideration in the Old Broome Development Strategy.

The Committee made the following recommendation to Council:

COMMITTEE RECOMMENDATION:

Moved: Ms E Yu Seconded: Ms C Masuda

That the Broome Cemetery Advisory Committee be provided with a copy of the Old Broome Development Strategy in regard to the Pioneer Cemetery.

CARRIED 5/0

The Committee have been provided with a website link to the Old Broome Development Strategy.

The Committee requested that a letter be sent to Fr Matt Digges to thank him for his service on the Committee.

COMMITTEE RECOMMENDATION:

Moved: Ms E Yu Seconded: Ms J Bin Omar

That a letter be sent to Fr Matt Digges to thank him for his service on the Broome Cemetery Advisory Committee.

CARRIED 5/0

CONSULTATION

Broome Cemetery Advisory Committee (BCAC)

STATUTORY ENVIRONMENT

5.9. Committees, types of

(1) In this section —

other person means a person who is not a council member or an employee.

(2) A committee is to comprise —

(a) council members only; or

(b) council members and employees; or

(c) council members, employees and other persons; or

(d) council members and other persons; or

(e) employees and other persons; or

(f) other persons only.

5.10. Committee members, appointment of

(1) A committee is to have as its members —

(a) persons appointed* by the local government to be members of the committee (other than those referred to in paragraph (b)); and

(b) persons who are appointed to be members of the committee under subsection (4) or (5).

* Absolute majority required.

(2) At any given time each council member is entitled to be a member of at least one committee referred to in section 5.9(2)(a) or (b) and if a council member nominates himself or herself to be a member of such a committee or committees, the local government is to include that council member in the persons appointed under subsection (1)(a) to at least one of those committees as the local government decides.

(3) Section 52 of the Interpretation Act 1984 applies to appointments of committee members other than those appointed under subsection (4) or (5) but any power exercised under section 52(1) of that Act can only be exercised on the decision of an absolute majority of the local government.

(4) If at a meeting of the council a local government is to make an appointment to a committee that has or could have a council member as a member and the mayor or president informs the local government of his or her wish to be a member of the committee, the local government is to appoint the mayor or president to be a member of the committee.

(5) If at a meeting of the council a local government is to make an appointment to a committee that has or will have an employee as a member and the CEO informs the local government of his or her wish —

(a) to be a member of the committee; or

(b) that a representative of the CEO be a member of the committee,

the local government is to appoint the CEO or the CEO’s representative, as the case may be, to be a member of the committee.

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

The cost to undertake the advertising for the Broome Cemetery Draft Master Plan Community Engagement is within budget. The available budget for the Cemetery Master Plan is $850 in the draft 2015/16 Annual Budget.

RISK

The risks associated with the recommendations contained in this report are considered minimal.

STRATEGIC IMPLICATIONS

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

Effective communication

Affordable services and initiatives to satisfy community need

Accessible and safe community spaces

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:

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

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

Effective community engagement

Improved systems, processes and compliance

VOTING REQUIREMENTS

Absolute Majority

REPORT RECOMMENDATION:

That Council:

1. Receives the Broome Cemetery Advisory Committee Minutes of 5 August 2015, and endorses the recommendations contained in the attached Minutes document.

2. Notes the resignation of Fr Matt Digges as Chairperson and representative of the Broome Catholic Church and Ministers Fraternal.

3. Notes an election for the position of Chairperson and Deputy Chairperson will be held following the Local Government Elections in October 2015.

4. Appoints Father Paul Boyers as a member of the Broome Cemetery Advisory Committee representing the Broome Catholic Church.

5. Request the Chief Executive Officer to update the Terms of Reference accordingly.

(Absolute Majority Required)

Attachments

1.	Unconfirmed Minutes of the Broome Cemetery Advisory Committee held 5 August 2015.
2.	Attachments to the BCAC 5 August 2015

Councillor		Cr G Campbell	Cr J Bloom	Cr H Tracey	Cr D Male	Cr M Manado	Cr C Mitchell	Cr A Poelina	Cr M Lewis	Cr P Matsumoto
2013	21 November									LOA
	19 December
2014	27 February							LOA
	27 March – No quorum	A		LOA		LOA		LOA	NA	NA
	31 March			LOA
	24 April								A
	22 May		LOA	LOA				LOA		LOA
	26 June									LOA
	24 July							LOA	A
	28 August						LOA
	25 September					A			A
	23 October		Resigned 16/10/14					LOA	A
	27 November
	18 December			A					A
2015	26 February					LOA
	26 March
	30 April	LOA
	2 June				LOA	A
	25 June					A
	30 July					LOA
	27 August					LOA
	24 September
	15 October

FINANCIAL INTEREST
Councillor	Item No	Item	Nature of Interest

IMPARTIALITY
Councillor	Item No	Item	Nature of Interest

· *LOA (Leave of Absence)*	· *NA (Non Attendance)*
· *A (Apologies)*

1.	Area D - Portion of Coghlan Street to be Closed
2.	Survey of Water Corporation Assets

1.	Attachment No 1 - Additional Information - Lake Eda
2.	Attacment No 2 - Proposed updates to Lake Eda Listing

1.	Community Engagement Plan - Roebuck Bay Caravan Park
2.	Roebuck Redevelopment Plan Consultation Timeline June 2015