VISION OF COUNCIL

 

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

 

 

AGENDA

 

 

 

FOR THE

 

Ordinary Meeting of Council

 

26 November 2015

 


OUR VISION

 

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

 

OUR MISSION

 

“To deliver affordable and quality Local Government services.”

 

CORE VALUES OF THE SHIRE

 

The core values that underpin the achievement of the

 mission will be based on a strong customer service

focus and a positive attitude:

 

Communication

 

Integrity

 

Respect

 

Innovation

 

Transparency

 

Courtesy

 

DISCLAIMER

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

 

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

 


Agenda – Ordinary Meeting of Council 26 November 2015                                                                Page 3 of 5

 

Councillor

Cr  G Campbell

Cr J Bloom

Cr H Tracey

Cr D Male

Cr M Manado

Cr C Mitchell

Cr A Poelina

Cr M Lewis

Cr P Matsumoto

2013

21 November

 

 

 

 

 

 

LOA

 

19 December

 

 

 

 

 

 

2014

27 February

 

 

 

 

 

LOA

 

27 March – No quorum

A

 

LOA

 

LOA

 

LOA

NA

NA

 

31 March

 

LOA

 

 

 

 

 

24 April

 

 

 

 

 

 

A

 

22 May

LOA

LOA

 

 

 

LOA

LOA

 

26 June

 

 

 

 

 

 

LOA

 

24 July

 

 

 

 

 

LOA

A

 

28 August

 

 

 

 

LOA

 

 

25 September

 

 

 

A

 

 

A

 

23 October

Resigned  16/10/14

 

 

 

 

LOA

A

 

27 November

 

 

 

 

 

 

18 December

A

 

 

 

 

A

2015

26 February

 

 

LOA

 

 

 

26 March

 

 

 

 

 

 

30 April

 

 

 

 

 

 

28 May

 

LOA

A

 

 

 

25 June

 

 

A

 

 

 

30 July

 

 

LOA

 

 

 

27 August

 

 

LOA

 

 

 

24 September (adjourned)

A

A

A

LOA

LOA

A

LOA request

 

15 October

 

 

 

 

 

2015 Local Government Ordinary Election held 17 October

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Councillor

Cr R Johnston

Cr H Tracey

Cr M Croft

Cr W Fryer

Cr E Foy

Cr D Male

Cr P Matsumoto

Cr C MIthcell

Cr B Rudeforth

2015

26 November

 

 

 

 

 

 

LOA

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

·       LOA (Leave of Absence)

·           NA (Non Attendance)

·       A (Apologies)

 

 


 

2.25.       Disqualification for failure to attend meetings

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

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

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

                 (a)     a meeting that has concluded; or

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

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

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

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

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

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

                 (b)     if the non‑attendance occurs —

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

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

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

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

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

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

 

 


AgendaOrdinary Meeting of Council 26 November 2015                                                                             Page 6 of 7

 

SHIRE OF BROOME

Ordinary Meeting of Council

Thursday 26 November 2015

INDEX – Agenda

 

1.               Official Opening.. 8

2.               Attendance and Apologies. 8

3.               Declarations of Financial Interest / Impartiality. 8

4.               Public Question Time. 8

5.               Confirmation of Minutes. 8

6.               Announcements by President Without Discussion.. 8

7.               Petitions. 9

8.               Matters for Which the Meeting May Be Closed.. 9

9.               Reports of Officers. 10

9.1      Our People. 11

Nil

9.2      Our Place. 13

9.2.1     COMMENTS ON DRAFT 2015 LIVEABLE NEIGHBOURHOODS AND PROPOSED LOCAL PLANNING POLICY - STRUCTURE PLAN AND SUBDIVISON STANDARDS  14

9.2.2     FINAL ADOPTION - AMENDMENT NO 1 TO LOCAL PLANNING SCHEME NO 6 - BROOME NORTH LOCAL CENTRE. 270

9.2.3     DEVELOPMENT ASSESSMENT PANEL - NOMINATION OF MEMBERS AND ALTERNATIVE MEMBERS. 300

9.2.4     Yawuru Conservation Estate - Draft Recreation Master Plan.. 304

9.2.5     PREPARATION OF AMENDMENT 2 TO LOCAL PLANNING SCHEME NO. 6 - IDENTIFICATION OF DEVELOPMENT CONTRIBUTIONS AREA  AND PREPARATION OF DEVELOPMENT CONTRIBUTIONS PLAN.. 365

9.2.6     THE CHINATOWN CHRISTMAS DECORATIONS AND STREET PARTY. 375

9.2.7     Closure of a Portion of Coghlan Street Road Reserve - Outcome of Public Advertising.. 381

9.3      Our Prosperity. 388

9.3.1     PROPOSAL FOR HOLIDAY PARKS AND CAMPING GROUNDS LEGISLATION SECOND CONSULTATION.. 389

9.3.2     BROOME AS A REGIONAL GROWTH CENTRE - HIGH LEVEL PROJECT SCOPE AND CONSIDERATION OF MOU WITH STATE GOVERNMENT. 503

9.3.3     Kimberley Regional Offices Redevelopment. 536

9.4      Our Organisation.. 563

9.4.1     PAYMENTS - OCTOBER 2015. 564

9.4.2     MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT - OCTOBER 2015. 587

9.4.3     COUNCIL MEETING DATES 2016. 761

9.4.4     2015/2016 CHRISTMAS CLOSURE. 768

9.4.5     APPOINTMENTS TO COMMITTEES AND WORKING GROUPS. 773

9.4.6     CAPE LEVEQUE ROAD: PARTIAL ROAD CLOSURE FOR 2015/2016 WET SEASON   963

9.4.7     BUDGET AMENDMENT - BROOME TOWNSITE COASTAL HAZARD RISK MANAGEMENT AND ADAPTATION PLAN (CHRMAP) 969

9.4.8     Shire of Broome Directory 2017 and 2018. 970

10.            Reports of Committee. 975

10.1      MINUTES OF THE BROOME CEMETERY ADVISORY COMMITTEE MEETING HELD 7 OCTOBER 2015. 976

10.2      MINUTES ARTS CULTURE AND HERITAGE ADVISORY COMMITTEE MEETING 15 OCTOBER 2015. 1013

10.3      BUSH FIRE ADVISORY COMMITTEE MEETING MINUTES 14 OCTOBER 2015. 1029

10.4      LOCAL EMERGENCY MANAGEMENT COMMITTEE MEETING MINUTES 14 OCTOBER 2015. 1044

11.            Notices of Motion.. 1060

12.            Business of an Urgent Nature. 1060

13.            Questions by Members Of Which Due Notice Has Been Given.. 1060

14.            Matters Behind Closed Doors. 1060

9.4.7  BUDGET AMENDMENT - BROOME TOWNSITE COASTAL HAZARD RISK MANAGEMENT AND ADAPTATION PLAN (CHRMAP) 1060

15.            Meeting Closure. 1060

 


AgendaOrdinary Meeting of Council 26 November 2015                                                                             Page 8 of 9

 

 

NOTICE OF MEETING

 

 

 

Dear Council Member,

 

 

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

 

 

 

Regards

 

 

K R DONOHOE

Chief Executive Officer

 

20/11/2015

 


AgendaOrdinary Meeting of Council 26 November 2015                                                                          Page 9 of 10

 

1.         Official Opening

 

 

2.         Attendance and Apologies 

 

              Attendance:

 

              Leave of Absence:        Cr P Matsumoto (as granted at OMC 15 October 2015)

 

              Apologies:

 

              Officers:

 

              Public Gallery:

 

3.         Declarations of Financial Interest / Impartiality

 

FINANCIAL INTEREST

Councillor

Item No

Item

Nature of Interest

 

 

 

 

 

IMPARTIALITY

Councillor

Item No

Item

Nature of Interest

 

 

 

 

 

4.         Public Question Time

 

 

5.         Confirmation of Minutes

 

Recommendation:

That the Minutes of the Ordinary Meeting of Council held on 15 October 2015 be confirmed as a true and accurate record of that meeting.

 

 

Recommendation:

That the Minutes of the Special Meeting of Council of Council held on 19 October 2015 be confirmed as a true and accurate record of that meeting.

 

 

 

 

6.         Announcements by President Without Discussion

 

 

7.         Petitions

 

 

8.         Matters for Which the Meeting May Be Closed

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

Recommendation

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

9.4.7      BUDGET AMENDMENT - BROOME TOWNSITE COASTAL HAZARD RISK MANAGEMENT AND ADAPTATION PLAN (CHRMAP)

Item 9.4.7 and any attachments are 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”.

 

 

 


 

 

9.

REPORTS

OF

OFFICERS


 

9.1

Our People

 

_DSC2089

 

 

PRIORITY STATEMENT

 

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

 

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

 

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

 


Agenda – Ordinary Meeting of Council 26 November 2015                                                                         Page 13 of 14

There are no reports in this section. 


 

9.2

Our Place

 

cablebeach

 

 

PRIORITY STATEMENT

 

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

 

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

 

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

 

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


Agenda – Ordinary Meeting of Council 26 November 2015                                                                         Page 15 of 16

 

9.2.1      COMMENTS ON DRAFT 2015 LIVEABLE NEIGHBOURHOODS AND PROPOSED LOCAL PLANNING POLICY - STRUCTURE PLAN AND SUBDIVISON STANDARDS

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Shire of Broome

FILE:                                                           PLA08

AUTHOR:                                                   Statutory Planning Coordinator

CONTRIBUTOR/S:                                    Development and Subdivision Engineer

RESPONSIBLE OFFICER:                          Director of Development Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    3 November 2015

 

SUMMARY:         At the Ordinary Council Meeting on 26 March 2015 Council resolved to adopt the draft Local Planning Policy – Structure Plan and Subdivision Standards for the purpose of seeking public comment.

The draft Local Planning Policy was prepared to establish a framework for the preparation and assessment of structure plans and applications for subdivisions within the Shire of Broome. This draft Local Planning Policy was prepared in consultation with the local development industry and relevant stakeholders. The Policy outlines variations to State planning documents specific to local Broome conditions to ensure adequate direction is provided to proponents preparing structure plans for Broome. The public comment period for the draft Policy has closed and three submissions were received.

In the submission received from the Department of Planning, it advised of its intention to release a revised Liveable Neighbourhoods Guideline and also raised concern with the draft Policy and its implications with respect to the recently gazetted Planning and Development (Local Planning Schemes) Regulations 2015, specifically the ‘Deemed Provisions’. The Deemed Provisions became available for review on 25 August 2015 and have become operative on 19 October 2015. The 2015 Liveable Neighbourhoods was released for public comment in late September 2015.

Officers have now updated the draft Policy in line with the updated 2015 Liveable Neighbourhoods and ‘Deemed Provisions’.  The report recommends that the Shire of Broome make a submission to the Western Australian Planning Commission on the Liveable Neighbourhoods review.

 

BACKGROUND

 

Previous Considerations

 

OMC 26 March 2015                         Item 9.2.2

 

Background

 

Structure Plans (previously termed Development Plans under Town Planning Scheme No 4) provide a framework for the coordinated provision and arrangement of future land use, subdivision and development in proposed new urban areas, or in existing urban areas where carefully coordinated redevelopment is necessary. Structure Plans are required to be prepared to guide the subdivision and development of land zoned ‘Development’ and do this by establishing road layouts and hierarchy, distribution of public open space, allocation of land uses and residential densities and so on.

Following the adoption of a structure plan, a subdivision application is submitted. The subdivision application is more detailed and shows specific lots, road and reserves and sets out their dimensions and sizes. Once a subdivision application is approved by the Western Australian Planning Commission (WAPC) the proponent must then undertake the civil works to implement the conditions of subdivision approval, this includes constriction of roads, drainage, landscaping, grading of lots, etc. The Institute of Public Works Engineers Australia (IPWEA) Guidelines for Subdivision Development has been adopted by the WAPC as the minimum engineering standards on which to assess civil drawings and to guide the subdivision clearance process.

 

Previously, the provisions of LPS6 established the specific requirements for the preparation, assessment and operation of Structure Plans.  As of 19 October 2015, the provisions of LPS6 with regard to the structure plan preparation and approval process no longer have effect due to the gazettal of the Planning and Development (Local Planning Schemes) Regulations 2015, which have introduced ‘Deemed Provisions’ that automatically replace certain sections of LPS6.

 

The key changes to structure plan process that resulted because of the operation of the Deemed Provisions are set out below:

 

·    Local governments will no longer perform a role as a decision making authority. The Shire will receive, assess and advertise the structure plan and then prepare a report on the merits of the structure plan to the WAPC. The WAPC then determines the structure plan.

·    Timelines have now been included for further information requests, consideration of submissions, submission of the local government report to the WAPC and the advertising period which is set as being a minimum of 14 days and a maximum of 28 days.

·    The approval of structure plans will have effect for a period of 10 years and the WAPC has the ability to revoke the approval of a structure plan in certain circumstances.

·    A structure plan no longer has the force and effect of the Scheme (under LPS6 the structure plan would apply zoning and development standards over the land). Now decision makers are to have ‘due regard’ to a structure plan and a basic amendment will be required to LPS6 to normalise the zoning proposed in a structure plan.

 

Overall, while the Deemed Provisions resulted in the above changes to the approval process of a structure plan, the purpose and role of a structure plan in terms of guiding subdivision essentially remains the same. 

 

The State has two Policies that guide preparation of structure plans being Liveable Neighbourhoods (LN) and the 2015 Structure Plan Framework, the role of each of these documents is summarised below:

 

·    Liveable Neighbourhoods is the primary policy which structure plans and subdivision for new urban areas in greenfield and large infill sites are assessed against. LN is structured into key ‘Elements’ and establishes objectives and requirements which are to be satisfied. 

·    Structure Plan Framework 2015 (the Framework) has replaced the 2012 Structure Plan Preparation Guidelines. The Framework sets the format of structure plans including minimum content requirements and defines the statutory and non-statutory elements of structure plans.

 

The draft Local Planning Policy (LPP) was prepared to establish variations or additions to the above Policies to ensure structure plans prepared for Broome were responsive to local conditions. The draft LPP was prepared based on the 2009 version of LN and the 2012 Structure Plan Preparation Guidelines, which since advertising have been reviewed by the State.

 

Given that the draft advertised LPP was prepared based on documents which have now been updated, a review was undertaken to determine whether the revised LN and Framework is adequate and whether the Local Planning Policy is required or should be updated. The Western Australian Planning Commission (WAPC) is also seeking comments on the revised LN and this report will also consider a submission on this document.

 

COMMENT

 

Structure planning is an important planning function in guiding the subdivision of new urban areas. It is important that structure plans are prepared to respond to the site and its context.  The requirements established in LN are adopted for the whole State and at times may not be appropriate to facilitate appropriate subdivision or urban development within the Broome context. The report included in the Council minutes for March 2015 provides a detailed description of the draft LPP provisions and sets out why such provisions were recommended.

 

The comments below will provide an overview of the key changes to LN and set out whether or not provisions within the draft advertised LPP are deemed appropriate and whether the Shire of Broome should make a submission to the WAPC on the updated 2015 LN. 

 

Liveable Neighbourhoods 2015

 

Liveable Neighbourhoods 2015 incorporates the following major changes when compared to the 2009 version:

 

•   The document has been restructured from eight elements to six, Element 5: Urban Water Management and Element 6: Utilities has been removed and the requirements have been integrated into the remaining elements. A holistic review of the objectives and requirements has been undertaken to improve integration and application of the document.

•   Content has been removed that is provided elsewhere or conflicts with more recent WAPC policies, including State Planning Policy 4.2: Activity Centres for Perth and Peel (WAPC, 2010), Better Urban Water Management (WAPC, 2008) and State Planning Policy 3.1 Residential Design Codes (WAPC, 2013) as well as the Planning and Development (Local Planning Schemes) Regulations 2015.

•   Liveable Neighbourhoods objectives have been rewritten and separated into objectives to be applied at higher level strategic planning and design principles to be applied generally through structure plans and subdivision.

•   Requirements have been updated to reflect current best practice, contemporary terminology and duplication has been removed.

• Inclusion of guidance on implementation, revised graphics and photos to demonstrate best practice.

•   Relevant policy content from existing WAPC policies has been included.

 

A copy of the 2015 Liveable Neighbourhoods is provided in Attachment No 1.

 

Below is a summary of changes that have occurred to the particular Elements within LN.

 

Element 1: Community Design:

 

Liveable Neighbourhoods 2015 now provides requirements for site and context analysis and these are the first objectives and requirements to be addressed within the document. This is considered to be positive change and by including these as the first requirements in LN it places emphasis on this important process when undertaking structure planning.  The Appendix ‘site and context analysis design’ has been updated and provides greater direction on matters that should be addressed in a context and site analysis. As such the section within the draft advertised LPP relating to local identity which established matters that needed to be addressed in a context and site analysis plan is recommended to be removed as LN now provides adequate guidance in this regard.

 

This element has also been updated to incorporate new sizes for parks. The park size changes are shown in the table below:

 

Park Type

Size 2009 Liveable Neighbourhoods

Size in 2015 Liveable Neighbourhoods

Small

-

Up to 4,000sqm

Local

3,000sqm

0.4 - 1ha

Neighbourhood

3,000sqm – 5,000sqm

1ha – 5ha

District

2.5ha – 7ha

5ha and above

 

The above changes have addressed the Shire of Broome’s previous concern that Liveable Neighbourhoods was resulting in the delivery of parks which were not sized appropriately to be effective for their intended use. Further, LN has been updated with regard to park distribution to the effect that residences are to be located within 300m of a park. The previous LN required that catchments between local and neighbourhood overlapped and resulted in a large number of small parks within close proximity to each other which further resulted in increased maintenance implications and an ineffective distribution of open space.  It is recommended that the Shire make a submission to the WAPC supporting these changes.

 

The changes to the park sizes coupled with changes proposed in Element 5: Public Open Space has addressed a number of the matters the Shire had incorporated into the draft advertised LPP. This is further discussed under the Public Open Space section below.

 

Element 1 now also incorporated a revision with regard to the Urban Water Management requirements, which, in the 2009 version was an Element by itself. This incorporation is seen as a positive change as it reinforces the need for water planning at the earliest stage of the planning process and resolves the issue of duplication of content with the widely applied Better Urban Water Management. As such this is also supported and recommended to be included in the Shire’s submission to the WAPC.

 

The Structure Plan Framework however gives the ability for some aspects of the structure planning process to be postponed and submitted at the subdivision stage. It is therefore recommended that the LPP clarify that in the Shire’s case, to be able to adequately determine whether the proposed urban form in a structure plan is appropriate given the extreme weather events in Broome, a LWMS must be prepared and submitted with a proposed structure plan. As such it is recommended that the previous provisions with regard to Urban Water Management remain in the LPP and is included under the Element 1 section of the Policy to reflect the updated format of LN.

 

 

Element 2: Movement Network

 

The following key changes have been made to element 2:

 

·    The content and format of LN has been amended to place greater emphasis on the design of streets for pedestrians, cyclist and public transport. This includes amended cross sections with a land use interface, housing typology, setbacks and different cycling configurations.

·    Street verge widths have increased to a minimum five metres to adequately accommodate street trees, utilities and street furniture assisting walkability, reduce adverse urban heat island effects and assists local stormwater collection and retention.

·    Street reserve widths have been updated to comply with the relevant Austroads standards including increasing the outside vehicle lane width from 3.2m to 3.3m, parking lane width from 2.1m to 2.3m and 2.5m to 2.6m to comply with Austroads Standards, as well as to reduce conflict with cyclists and motor vehicles (in particular parked cars) improving the safety and amenity of cyclist considered critical particularly where conflict between cyclists and motor vehicles is becoming more frequent.

 

In the main, the above changes are considered positive and are supported. These changes have also addressed a number of the concerns that were previously proposed to be addressed through the draft advertised LPP and therefore a number of provisions contained in the LPP in this regard can be deleted. However, it is still recommended that the LPP include the following to cater for circumstances in Broome:

 

·    LN requires that footpaths on lower level streets can be 1.5m in width and should be offset 0.3m from property boundaries. In the Shire of Broome, footpaths installed in previous subdivisions have been a minimum of 2m in width and it is recommended that this is maintained to encourage adequate pedestrian movement and improve accessibility. As such it is recommended that a provision remain in the LPP that sets out that a minimum of 2m footpath will be applicable in the Shire of Broome.

 

With, respect to the location of the footpath on the street verge, LN recommends that it is offset 0.3m from the property boundary. In the Shire of Broome different alignments have been used for footpaths in the past, depending on the locality. As verge widths will be standardised in LN and the draft LPP, a standard footpath alignment is proposed to be implemented. In the advertised version of the draft Policy it was proposed that footpaths should be offset 0.5m from the property boundary. During the consultation period it was identified by Shire Officer’s that this alignment was not preferred as it conflicts with service locations.

 

As a result, two options have been considered for the standard footpath alignment on the minimum verge of 6m, as detailed in the attached cross sections. This is set out in Attachment No 2.

 

Option 1 – Footpath Offset from Kerb

 

The advantages for offsetting the footpath from the kerb include;

 

·          Safety – as the potential for a pedestrian to fall onto the road is minimised.

·          Level surface – as the conflict with the camber of the crossover wings is eliminated, creating a consistent level for the path.

 

Some concerns with Option 1 have been raised, as the footpath alignment set back from the kerb creates a narrow strip of the verge between the back of kerb and edge of the footpath that property owners have historically been less likely to maintain. However, the minimum verge width of 6m specified in the draft LPP allows for a minimum width of 1.6m between the edge of the path and the back of kerb, which is wide enough to allow property owners to landscape this section. The Verge Maintenance Policy and Local Law are proposed to be updated to address verge maintenance issues and promote low maintenance surfaces in these areas.

 

Option 1 also requires careful consideration be given to the selection of appropriate street tree species that will not have large root systems that will impact on kerbs or road pavements. This can be addressed through the review of landscaping plans for future developments and subdivisions.

 

Option 2 – Footpath Against Kerb

 

The advantages for the footpath being located at the back of kerb include;

 

·          This could assist to reduce the impact on road pavement – as the footpath acts as an additional buffer between irrigated surfaces and the road pavement.

·          Sight lines around corners are more easily controlled – as the footpath at the back of kerb prevents trees/shrubs from obstructing sight lines.

 

Concerns with footpaths at the back of kerb have previously been raised by the Assess and Inclusion Advisory Committee. The risk of pedestrians slipping off the kerb onto the road is also a potential risk for implementing Option 2.

 

Option 2 also introduces a change in grade at every crossover location, as the crossover must grade from the verge level to the edge of the roadway within the trafficable path and this does not meet the principles within the AustRoads Standards. The constant change in grade along the footpath can create a nuisance for pedestrians, particularly for pedestrians in wheelchairs or with prams in negotiating the change in grade.

 

As the concerns with Option 1 can be addressed as detailed above, Officer’s recommend that Option 1 be adopted in the Broome Structure Plan and Subdivision Guidelines as this option provides greater benefits in terms of improving safety for pedestrians and providing more accessible footpaths. It is also recommended that this form part of the Shire’s submission on LN.

 

This was also the recommendation of the Access and Inclusion Advisory Committee on the 18 August 2015, where the following recommendation was passed:

That the Access and Inclusion Advisory Committee:

1.         Notes that the specifications for footpaths for future developments and subdivisions are dependant on a number of factors and technical considerations.

2.         Recommends to Council that Option 1 – Footpaths Offset from Kerb is adopted as part of the Broome Structure Plan and Subdivision Guidelines.

 

As such, it is recommended that the proposed footpath alignments within the draft LPP are amended. This is set out under provision 2.7 of the updated draft Policy in Attachment No 5.

 

·    The updated LN has reviewed the street verge and road reservation widths for the majority of the street types. These are represented in table 3 and 4 of LN and also in Figure 12 – 17. It is considered that the Shire should maintain that the following variations to LN are applicable through the adoption of the LPP:

 

Ø Access Street C should have a road reserve width of 18m [instead of 17.2m] and minimum street pavement width of 7.4m [instead o 7.2m];

Ø Access Street D should have a road reserve width of 18m [instead of 15.5m] and minimum street pavement width of 6m [instead of 5.5m – 6m];

Ø Any street requiring on street parking is to be a minimum width of 2.5m [LN sets out that on lower order streets on street parking can be reduced to 2.3m].

         

            The above variations are recommended for the Shire of Broome due to the predominance of larger 4WD vehicles (which therein require larger parking and street pavement), the use of street pavements to accommodate the overland flow of stormwater, the importance of street reserves to assist in the movement of breezes and influence character of new urban areas. These features are a characteristic experienced in Broome and therefore not recommended to from part of the Shire’s submission to the WAPC on LN.

 

Element 4 – Lot Design

 

The 2009 version of LN had a greater level of detail within the explanatory text with regard to lot shape and orientation to deliver climate responsive design and included figures which showed the different climatic zones in WA. The removal of this text is not supported and it is recommended that the Shire include this in the submission to the WAPC.

 

While requirement 5.4 distinguishes that lots located north of latitude 26 should be shaped and orientated differently to that in the south-west, it is considered that these requirements should be expanded on to provide a greater level of direction. A large volume of work has been undertaken in Broome and in other areas in the north-west to guide climate responsive lot orientation and it is recommended that the Shire submits to the WAPC that these key principles should be incorporated as requirements into LN. In the interim period it is recommended that these provisions are maintained in the LPP to give adequate guidance to proponents intending to undertake structure planning in the Shire of Broome.

 

The element also contains requirements for utility service provision. Requirement 7.2 establishes standard utility connections for lots including power, water and sewer. With regard to broadband connections, the requirement sets out that installation is ‘encouraged’. It is recommended that the Shire submits that LN is updated so that broadband is a required utility to be provided to each lot, this would ensure that future occupants have access to this service.

 

It is also recommended that a requirement be included in this section setting out that public spaces including POS should be designed and provided with utility connections to enable for the development of smart technologies. This as a minimum should include a broadband connection to be provided to each public space/open space area. Further, connections to urban infrastructure such as street lighting should be considered to enable local governments (and other service providers) to access technologies that improve service delivery which could include sensor controlled lighting and CCTV, implementation of smart watering programs, establishing WIFI, provide for developing drone technologies and so on.

 

Element 5: Public Open Space

 

The amendments proposed to POS are some of the more significance changes proposed to LN. As set out above, Element 1: Community Design has changed the size and distribution of parks, which is considered a positive change. Further, Element 5 proposes the following amendments:

 

·    New requirements have been developed to guide provision of POS based on the function it provides the community rather than its size.

·    The revised POS Schedule now has a ‘declaration of function’ section that describes the intended purpose of the site.

·    The three primary functions of POS ‘sport’, ‘recreation’ and ‘nature’, have been adopted from the Classification Framework for Public Open Space (Department of Sport and Recreation, 2012); and these three categories improve upon the traditional terminology of ‘passive’ and ‘active’ for describing functionality of POS.

·    Sites which provide opportunities for multiple functions are encouraged.

·    The terminology used to describe the size of POS has been aligned to the DSR Classification Framework, for consistency across agencies [(small parks (up to 4,000m2), local parks (0.4ha–1ha), neighbourhood parks (1ha – 5ha) and district parks (5ha and above)].

·    The requirements related to the distribution of POS have been simplified by removing the requirement for a minimum number of sites of a particular size and instead requiring that all residents be within 300m of a POS site (of any size) and within the catchment of sites providing nature, sport and recreation opportunities.

 

The changes to the park sizes, primary function description and distribution requirements are supported. This was one of the key elements intended to be addressed in the LPP and the previous concerns in the main have been incorporated into the reviewed LN through adjustments to the size of parks in addition to how they are distributed. As such it is recommended that a number of the provisions in the advertised version of the draft LPP that were aimed at addressing these points are deleted.

 

It is also considered that the introduction of the public open space function and size requirements is an improvement as it provides clearer guidance and will ensure that open spaces created are designed for a function of sport, nature or recreation or a combination of these functions. While this will improve overall planning, LN does not provide specific direction on what type of facilities and services are to be included in different types of POS areas. It is therefore recommended that this direction remain within the LPP. It is not considered that this level of detail should be incorporated into LN as it may vary between local government areas and different climatic regions and therefore it is not recommended that the Shire make a submission to the WAPC in this regard. 

 

With respect to the amount of land to be ceded as POS, the provision which provides for a regional variation to be adopted that allows a minimum of a 5% POS contribution instead of 10% has been maintained within the revised 2015 LN. The advertised draft LPP proposed this regional variation be adopted by the Shire of Broome and it is recommended that this be maintained in the updated LPP. When this regional variation is applied, in-lieu of the additional land area that ordinarily would have had to be ceded it is proposed that a 2% cash-in-lieu contribution is paid to the Shire, to be utilised for the improvement or development of lands for parks and recreation to ensure that residential amenity can be maintained and district level facilities are provided for.

 

While a reduction in the amount of land to be contributed as POS may appear as though the community would be underserviced with open space, this is not considered the case when applied on the ground, particularly when larger more adaptable public open spaces are being created. A practical application of how these provisions would apply retrospectively to LDP1 was set out in the previous March 2015 agenda item. Also, with regard to land area required for urban water management, the Policy and LN would ensure spaces ceded as POS usable for recreation/sport purposes as opposed to performing a stormwater purpose.

 

LN has also been updated so that urban water management measures can be incorporated into POS and can receive full POS credits where designed appropriately [previously only land above a 1 in 1 year average recurrence interval could be credited towards POS and only allowed a maximum of 2% of the total POS contribution to be used for urban water management purposes]. LN now sets out that land area and infrastructure required for urban water management can be included in POS calculation, where it is:

 

·    Integrated into the overall park design to ensure it does not compromise the POS function; and

·    Not include traditional drainage infrastructure, such as trapezoidal drains and steep-sided sumps/basins.

 

While it is noted appropriately designed stormwater systems in the southern regions can serve a dual function of urban water management and still be capable of being used for public open space, in Broome where stormwater is concentrated to large rainfall events and soils are less permeable the design of the stormwater systems to convey the stormwater result in large vegetated swales (or trapezoidal drains). The implementation of these swale systems and the landscaping does not allow for these areas to be used for a nature, sport or recreational function. It is considered that the current wording and requirements in LN are open to interpretation and could potentially have a negative impact in Broome where such large land areas are required to cater for urban water management. Furthermore, it is recommended that the Shire submits to the WAPC north of latitude 26, no credits for public open space should be given to sites used for water management.

 

As such it is recommended that clear design principles are included setting out which forms of POS that are used for urban water management measures can be credited as POS and that the Shire makes a submission to the Department in this regard.

 

However, as set out above, to ensure the effective delivery of open space in Broome, it is recommended that the Shire adopt the regional variation and therefore all and required for urban water management would be excluded from POS credits.

 

Summary

 

In summary, it is considered that the review LN has resulted in positive improvements including the removal of duplication that previously existed in the 2009 version and other policies. Further, the requirements have been reworded to provide greater clarity which should assist in the assessment of structure plans. It is recommended that the Shire of Broome make a submission to the WAPC consistent with the comments above and as summarised in Attachment No 3.

 

While it is considered that the review has improved the document, it is recommended that the Shire still proceed with the adoption of an LPP to adequately guide the preparation and assessment of structure plans in the Shire of Broome. This is recommended for the following reasons:

 

·    To give adequate direction on the level of information required to be submitted to enable officer’s to assess the merits of a structure plan;

·    To set out requirements that should be varied to addresses local characteristics experienced in Broome;

·    To provide additional direction to proponents on matters that are not provided in LN;

·    To provide greater certainty to applicants preparing structure plan which inturn would assist to reduce costs and risks; and

·    To give effect to the technical document being the addendum to the IPWEA Guidelines, the Stormwater Guidelines and the Reticulation of POS.

 

However given improvements to LN it is recommended that a number of provisions that were contained within the advertised version of the draft LPP are deleted and the LPP is reordered to reflect the updated content of LN. Attachment No 4 contains the advertised draft LPP and Attachment No 5 contains the updated LPP which reflects the changes described above. Please note, Attachment No 5 also contains some technical changes with regard to Section 3 – Broome Subdivision Standards and Section 4 – Guidelines for the Design of Stormwater Drainage Systems in response to a submission received from Prichard Francis. These technical changes are shown in tracked changes in Attachment No 5 and are summarised in the Schedule of Submissions contained in Attachment No 6.

 

The effect of the adoption of this Policy will be to create one document to guide the structure planning and subsequent subdivision of land processes within the Shire of Broome. This should aid to streamline the assessment processes for structure planning and subdivision applications that would follow. The adoption of the Policy would also ensure that proponents undertaking structure planning in the Shire of Broome are aware of matters that must be planned for to address local conditions.

 

CONSULTATION

 

Under the Shire’s Local Planning Policy 8.23 – Public Consultation – Planning Matters, ‘Local Planning Policies Development/Review’ are listed as Level D consultation, which requires the development of a Community Engagement Plan consistent with the Shire’s Community Development Policy 5.1.10 – Community Engagement. A Community Engagement Plan was prepared for the Strategy and was adopted by Council at its March 2015 Ordinary Meeting.

 

The Community Engagement Plan proposed a formal consultation period of 42 days. The consultation period concluded on 29 May 2015 at 4.00 pm with all activities completed, including:

 

·    An ad notice was included in the Broome Advertiser for two consecutive weeks;

·    A notice was placed on the Shire of Broome website;

·    A letter was sent to the Department of Planning;

·    Direct mail out to all previous participants in the initial engagement workshops with an invitation to attend an information session.

 

At the conclusion of the consultation period three submissions were received as set out in the schedule of submissions in Attachment No 6.

 

STATUTORY ENVIRONMENT

 

Planning and Development Act 2005

 

Structure Plans

 

Planning and Development (Local Planning Schemes) Regulations 2015, Schedule 2 Deemed Provisions – contained in Attachment No 7.

 

Local Planning Policy

 

Planning and Development (Local Planning Schemes) Regulations 2015, Schedule 2 Deemed Provisions

 

4. Procedure for making local planning policy

 

(1)     If the local government resolves to prepare a local planning policy the local government must, unless the Commission otherwise agrees, advertise the proposed policy as follows —

(a)     publish a notice of the proposed policy in a newspaper circulating in the Scheme area, giving details of —

(i)         the subject and nature of the proposed policy; and

(ii)        the objectives of the proposed policy; and

(iii)       where the proposed policy may be inspected; and

(iv)       to whom, in what form and during what period submissions in relation to the proposed policy may be made;

(b)     if, in the opinion of the local government, the policy is inconsistent with any State planning policy, give notice of the proposed policy to the Commission;

(c)     give notice of the proposed policy in any other way and carry out any other consultation the local government considers appropriate.

 

(2)     The period for making submissions in relation to a local planning policy must not be less than a period of 21 days commencing on the day on which the notice of the policy is published under subclause (1)(a).

 

(3)     After the expiry of the period within which submissions may be made, the local government must —

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

(b)     resolve to —

(i)         proceed with the policy without modification; or

(ii)        proceed with the policy with modification; or

(iii)       not to proceed with the policy.

 

(4)     If the local government resolves to proceed with the policy, the local government must publish notice of the policy in a newspaper circulating in the Scheme area.

 

(5)     A policy has effect on publication of a notice under subclause (4).

 

(6)     The local government —

(a)     must ensure that an up-to-date copy of each local planning policy made under this Scheme is kept and made available for public inspection during business hours at the offices of the local government; and

(b)     may publish a copy of each of those local planning policies on the website of the local government.

 

POLICY IMPLICATIONS

 

Local Planning Policy 8.23 – Public Consultation – Planning Matters

 

Liveable Neighbourhoods

 

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

 

LN sets out that there are circumstances where particular requirements may be varied to accommodate the climate and/or settlement conditions of areas of the remote Western

Australia.

 

IPWEA Subdivisional Engineering Guidelines

 

The IPWEA Guidelines have been prepared by the Institute of Public Works Engineers Australia as a minimum set of standards to guide the preparation of subdivisional drawings and designs and also to guide the subdivision clearance process. These Guidelines have been adopted by the WAPC to be used as the default minimum standard.

 

FINANCIAL IMPLICATIONS

 

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

 

It is considered that the provisions of the Policy in relation to POS will provide adequate distribution of open space and will reduce ongoing maintenance costs. Further, the Policy

will deliver efficiencies in the land development process as less land will be required to meet the POS requirements.

 

RISK

 

Nil

 

STRATEGIC IMPLICATIONS  

 

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

 

Accessible and safe community spaces

 

Participation in recreational activity

 

A healthy and safe environment

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.          Endorses the submission on the 2015 review of Liveable Neighbourhoods as set out in Attachment No 3 and requests the Chief Executive Officer to forward the submission to the Western Australian Planning Commission.

2.         Pursuant to Clause 4(b)(ii) of the Deemed Provisions, adopts the Local Planning Policy – Structure Plan and Subdivision Standards with modifications, as set out in Attachment No 5; and

3.         Request the Chief Executive Office to publish notice of the Policy once in a newspaper circulating within the Scheme area.

 

 

Attachments

1.

Attachment No 1 - 2015 Liveable Neighbourhoods

2.

Attachment No 2 - Options for Footpath Locations

3.

Attachment No 3 - Draft Submission to WAPC

4.

Attachment No 4 - Advertised Version of Draft LPP

5.

Attachment No 5 - Updated Version of LPP

6.

Attachment No 6 - Schedule of Submissions

7.

Attachment No 7 - Deemed Provisions (Structure Plans)

  


Item 9.2.1 - COMMENTS ON DRAFT 2015 LIVEABLE NEIGHBOURHOODS AND PROPOSED LOCAL PLANNING POLICY - STRUCTURE PLAN AND SUBDIVISON STANDARDS

Attachment No 1 - 2015 Liveable Neighbourhoods

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Item 9.2.1 - COMMENTS ON DRAFT 2015 LIVEABLE NEIGHBOURHOODS AND PROPOSED LOCAL PLANNING POLICY - STRUCTURE PLAN AND SUBDIVISON STANDARDS

Attachment No 2 - Options for Footpath Locations

 

 


Item 9.2.1 - COMMENTS ON DRAFT 2015 LIVEABLE NEIGHBOURHOODS AND PROPOSED LOCAL PLANNING POLICY - STRUCTURE PLAN AND SUBDIVISON STANDARDS

Attachment No 3 - Draft Submission to WAPC

 

 


 


 


 


 


Item 9.2.1 - COMMENTS ON DRAFT 2015 LIVEABLE NEIGHBOURHOODS AND PROPOSED LOCAL PLANNING POLICY - STRUCTURE PLAN AND SUBDIVISON STANDARDS

Attachment No 4 - Advertised Version of Draft LPP

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Item 9.2.1 - COMMENTS ON DRAFT 2015 LIVEABLE NEIGHBOURHOODS AND PROPOSED LOCAL PLANNING POLICY - STRUCTURE PLAN AND SUBDIVISON STANDARDS

Attachment No 4 - Advertised Version of Draft LPP

 

 


Item 9.2.1 - COMMENTS ON DRAFT 2015 LIVEABLE NEIGHBOURHOODS AND PROPOSED LOCAL PLANNING POLICY - STRUCTURE PLAN AND SUBDIVISON STANDARDS

Attachment No 4 - Advertised Version of Draft LPP

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Item 9.2.1 - COMMENTS ON DRAFT 2015 LIVEABLE NEIGHBOURHOODS AND PROPOSED LOCAL PLANNING POLICY - STRUCTURE PLAN AND SUBDIVISON STANDARDS

Attachment No 5 - Updated Version of LPP

 

 


 


 


 


 


 


 


 


 


 


 


Item 9.2.1 - COMMENTS ON DRAFT 2015 LIVEABLE NEIGHBOURHOODS AND PROPOSED LOCAL PLANNING POLICY - STRUCTURE PLAN AND SUBDIVISON STANDARDS

Attachment No 5 - Updated Version of LPP

 

 


Item 9.2.1 - COMMENTS ON DRAFT 2015 LIVEABLE NEIGHBOURHOODS AND PROPOSED LOCAL PLANNING POLICY - STRUCTURE PLAN AND SUBDIVISON STANDARDS

Attachment No 5 - Updated Version of LPP

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Item 9.2.1 - COMMENTS ON DRAFT 2015 LIVEABLE NEIGHBOURHOODS AND PROPOSED LOCAL PLANNING POLICY - STRUCTURE PLAN AND SUBDIVISON STANDARDS

Attachment No 6 - Schedule of Submissions

 

 


Item 9.2.1 - COMMENTS ON DRAFT 2015 LIVEABLE NEIGHBOURHOODS AND PROPOSED LOCAL PLANNING POLICY - STRUCTURE PLAN AND SUBDIVISON STANDARDS

Attachment No 7 - Deemed Provisions (Structure Plans)

 

 


 


 


 


 


 


 


 


 


 


 


Agenda – Ordinary Meeting of Council 26 November 2015                                                                     Page 265 of 266

 

9.2.2      FINAL ADOPTION - AMENDMENT NO 1 TO LOCAL PLANNING SCHEME NO 6 - BROOME NORTH LOCAL CENTRE

LOCATION/ADDRESS:                            Lot 9007 Magabala Road, Djugun

APPLICANT:                                              Roberts Day on behalf of LandCorp

FILE:                                                           LPS6/1

AUTHOR:                                                   Planning Officer

CONTRIBUTOR/S:                                    Statutory Planning Coordinator

RESPONSIBLE OFFICER:                          Director of Development Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    24 September 2015

 

SUMMARY:         An application for the initiation of a Scheme Amendment for the rezoning of portion of Lot 9007 Magabala Road, Djugun (the Broome North Local Centre)from ‘Local Centre’ and ‘Parks and Recreation’ to ‘Residential’, ‘Local Roads’ and ‘Parks and Recreation’, was advertised for the required statutory period. No submissions were received.

It is recommended that Council adopts the Scheme Amendment without modification.

 

BACKGROUND

 

Previous Considerations

 

SCM 22 February 2010                      Item 9.3.2

OMC 26 February 2015                     Item 9.2.3

OMC 25 June 2015                            Item 9.2.5

 

Site and Surrounds

 

The Scheme Amendment was submitted to address two areas forming part of the Broome North local centre site, being Lot 9007 Magabala Road, Djugun. The location of the Broome North local centre is shown in Attachment No 1.

 

The land forming part of the scheme amendment request is currently zoned ‘Parks and Recreation’ and ‘Local Centre’ under Local Planning scheme No 6 (LPS6). The site comprises the balance of the Local Development Plan No 1 (LDP1) area and is cleared and vacant. The surrounding land is predominantly residential with development well progressed.

 

History

 

At the Special Meeting of Council on the 22 February 2010, Council adopted LDP1 (the Structure Plan) to guide the first stage of the Broome North development, commonly known as the Warannyjarri Estate. Under LDP1 the local centre site is identified as a combination of ‘Local Centre’, ‘Medium Density Residential’ and ‘Parks and Recreation Reserve’. LDP1 provides the following direction on development within the local centre:

 

The centre is intended to support a total of approximately 3,000sqm of retail floorspace, with half of this capacity taken by an anchor tenant in the form of a small 1,500sqm supermarket (half the size of a typical suburban supermarket). The Local Centre zone also provides an important focal point for a range of other commercial, community, cultural, recreational and residential land uses.

 

At the Ordinary Meeting of Council on the 26 February 2015, Council considered and adopted a Local Development Plan (previously termed Detailed Area Plan or DAP under TPS4) for the local centre site. The LDP is a more detailed statutory planning instrument prepared for discrete land areas that establishes detailed development control provisions for future development. As a part of the preparation of the LDP, LandCorp developed a Place Making Strategy to inform the detailed staging and marketing strategy of the local centre. The planning and design recommendations in the Place Making Strategy informed the provisions within the adopted LDP.

 

As part of the detailed work undertaken in the preparation of the Place Making Strategy and the Local Development Plan, it was identified that amendments were required to the zoning/reservations of the site applied under LPD1. In 2014, the applicant made a request to amend to LDP1, however, the Shire was not in a position to support an amendment to LDP1 because LPS6 was at that time a seriously entertained document, which applied zoning to the land as per designations under LDP1. Therefore any proposal to amend LDP1 would have no effect as it would have been inconsistent with the soon to be gazetted Scheme.

 

As a result, upon the gazettal of LPS6, the applicant submitted a Scheme Amendment request. Council at the Ordinary Meeting on the 25 June 2015, resolved to initiate the Scheme Amendment for the purposes of seeking public comment. The public comment period has concluded and the Scheme Amendment is now presented to Council for final consideration.

 

Proposal

 

The scheme amendment is represented visually in the rezoning maps contained in Attachment No 2. The amendment proposes the following modifications to the zoning and reservations on the eastern portion of the local centre site:

 

1.   Extension of the ‘Residential R40’ zoning in the north-eastern portion of the site over land designated as ‘Parks and Recreation Reserve’. This would allow for the creation of two future residential lots of 940sqm and 707sqm capable of accommodating up to 7 dwellings. It would reduce the ‘Local Park-Civic Park’ to a civic square of 396sqm;

2.   Incorporation of a small area in the north-eastern corner of the ‘Parks and Recreation reserve, containing constructed drainage infrastructure into the adjacent Sariago Terrace/Magabala Local Road reservations;

3.   Rezoning the edge of the south-eastern part of the ‘Local Centre’ zone to ‘Residential R40’, removing the ability for these lots to be used for commercial purposes and giving the ability to create 3 residential lots capable of accommodating 9 dwellings.

 

A full copy of the applicant’s scheme amendment report is included as Attachment No 3.

 

COMMENT

At the Ordinary Meeting of Council on 25 June 2015, Council adopted proposed Scheme Amendment No. 1 for formal advertising. No submissions were received within the advertising period for the proposed amendment.

 

The rezoning was proposed following the outcomes from the Warannyjarri Local Centre Draft Place Making Strategy, which was prepared by LandCorp to provide a strategic, integrated approach to the staging, timing, market delivery and activation of the Local Centre. While the majority of the Draft Place Making Strategy’s planning and design recommendations have been incorporated in the Broome North Local Centre Local Development Plan adopted at the Ordinary Meeting of Council on 26 February 2015, the proposed amendment facilitates a number of final changes that were contingent upon the rezoning of the land.

 

Progressing Amendment No. 1 will ensure development within the Broome North local centre is consistent with the Local Planning Framework including the Local Planning Strategy, the District Development Plan and Local Development Plan.

 

At the conclusion of the advertising period, no adverse comments were received. As such, it is recommended that Council resolves to adopt with Scheme Amendment without modification and forward it to the Western Australian Planning Commission with a request that the Hon Minister for Planning adopt the Amendment for final approval in accordance with the new Planning and Development (Local Planning Schemes) Regulations 2015.

 

CONSULTATION

 

Prior to the commencement of the formal advertising period, the Scheme Amendment document was forwarded onto the Environmental Protection Authority, no appeals or advice were received.

 

The formal advertising period for the proposed Scheme Amendment commenced on 13 August 2015, and was carried out over a period of 42 days, concluding on 23 September 2015. Advertising was carried out in accordance with the requirements of the then Town Planning Regulations 1967 (as amended) and Council’s Local Planning Policy 8.23 – Public Consultation – Planning Matters and included a public notice in the local newspaper and on the Shire of Broome website and the erection of a sign on site detailing the proposed amendment. Letters were also sent out to landowners within the vicinity of the site subject to the amendment and the scheme amendment document was put on display in the Shire of Broome’s Administration Office for public viewing.

 

The Shire of Broome has consulted with the Department of Planning regarding the possible ramifications of the gazettal of the new Planning and Development (Local Planning Schemes) Regulations 2015, given that the scheme amendment was initiated under the now repealed Town Planning Regulations 1967. The Department of Planning has advised that the gazettal of the new Regulations will not have an impact upon consideration of scheme amendments that were initiated under the repealed Regulations.

 

STATUTORY ENVIRONMENT

 

Planning and Development Act 2005

 

Planning and Development (Local Planning Schemes) Regulations 2015

 

Division 3 — Process for standard amendments to local planning scheme

47.     Advertisement of standard amendment

      (1)     Subject to sections 81 and 82 of the Act, if a local government resolves under regulation 35(1) to prepare a standard amendment to a local planning scheme or to adopt a standard amendment to a local planning scheme proposed by the owner of land in the scheme area, the local government must, as soon as is reasonably practicable, prepare a notice in a form approved by the Commission giving details of —

                 (a)     the purpose of the amendment; and

                 (b)     where the amendment may be inspected; and

                 (c)     to whom and during what period submissions in respect of the amendment may be made.

      (2)     On completion of the preparation of the notice, the local government must advertise the standard amendment to a local planning scheme as follows —

                 (a)     publish the notice in a newspaper circulating in the scheme area;

                 (b)     display a copy of the notice in the offices of the local government for the period for making submissions set out in the notice;

                 (c)     give a copy of the notice to each public authority that the local government considers is likely to be affected by the amendment;

                 (d)     publish a copy of the notice and the amendment on the website of the local government;

                 (e)     advertise the scheme as directed by the Commission and in any other way the local government considers appropriate.

      (3)     The local government must ensure that the standard amendment to the local planning scheme is made available for inspection by the public during office hours at the office of the local government.

      (4)     The period for submissions set out in a notice must be not less than a period of 42 days commencing on the day on which the notice is published in a newspaper circulating in the scheme area.

48.     Land owner may be required to pay costs of publication

               The local government may require a person to pay the cost of the publication of a notice under regulation 47(2) if —

                 (a)     the notice relates to an amendment to a local planning scheme in respect of land owned by the person; and

                 (b)     the person proposed the amendment to the local planning scheme.

49.     Submissions on standard amendment

      (1)     A submission on a standard amendment to a local planning scheme must —

                 (a)     be made in writing to the relevant local government in a form approved by the Commission; and

                 (b)     state the name and address of the person making the submission; and

                 (c)     include a statement about the capacity in which the person makes the submission.

      (2)     A local government must acknowledge in writing the receipt of each submission received by it.

50.     Consideration of submissions on standard amendments

      (1)     In this regulation —

               consideration period, in relation to a standard amendment to a local planning scheme, means the period ending on the latest of the following days —

                 (a)     the day that is 60 days after the end of the submission period for the amendment;

                 (b)     the day that is 21 days after the receipt of a statement in respect of the amendment delivered under section 48F(2)(a) of the EP Act;

                 (c)     the day that is 21 days after the receipt of a statement in respect of the amendment delivered under section 48G(3) of the EP Act if that statement is in response to a request by the local government made under section 48G(1) of the EP Act before the later of the days set out in paragraphs (a) and (b);

                 (d)     a day approved by the Commission;

               submission period, in relation to a standard amendment to a local planning scheme, means the period for making submissions specified in the notice in respect of the amendment referred to in regulation 47(1).

      (2)     The local government —

                 (a)     must consider all submissions in relation to a standard amendment to a local planning scheme lodged with the local government within the submission period; and

                 (b)     may, at the discretion of the local government, consider submissions in relation to the amendment lodged after the end of the submission period but before the end of the consideration period.

      (3)     Before the end of the consideration period for a standard amendment to a local planning scheme, or a later date approved by the Commission, the local government must pass a resolution — 

                 (a)     to support the amendment without modification; or

                 (b)     to support the amendment with proposed modifications to address issues raised in the submissions; or

                 (c)     not to support the amendment.

      (4)     If no submissions have been received within the submission period, the resolution referred to in subregulation (3) must be passed as soon as is reasonably practicable after the end of the submission period.

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

All costs for undertaking the Scheme Amendment, including advertising costs and staff time are met by the applicant.

 

RISK

 

The Scheme Amendment will not present any risk to the Shire of Broome.

 

STRATEGIC IMPLICATIONS

 

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

 

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

 

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

 

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 land for residential, industrial, commercial and community use

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Pursuant to Section 75 of the Planning and Development Act 2005 amends the Shire of Broome Local Planning Scheme No 6 by adopting Amendment No 1 to the Shire of Broome Local Planning Scheme No 6 without modification to:

(a)     Rezone portion of Lot 9007 Magabala Road, Djugun from ‘Local Centre’ and ‘Parks and Recreation’ to ‘Residential’, ‘Local Roads’ and ‘Parks and Recreation’.

(b)     Amend the Scheme Map accordingly.

2.       Forward the amendment documents to the Western Australian Planning Commission with a request that the Hon Minister for Planning grant final approval to Amendment No 1 without modification.

3.       Approves the affixation of the Common Seal of the Shire of Broome to the Scheme Amendment Report and authorises the Shire President and Chief Executive Officer to engross all documentation as required.

 

 

Attachments

1.

ATTACHMENT NO 1 - LOCATION PLAN

2.

ATTACHMENT NO 2 - AMENDMENT MAP

3.

ATTACHMENT NO 3 - SCHEME AMENDMENT DOCUMENT

  


Item 9.2.2 - FINAL ADOPTION - AMENDMENT NO 1 TO LOCAL PLANNING SCHEME NO 6 - BROOME NORTH LOCAL CENTRE

ATTACHMENT NO 1 - LOCATION PLAN

 

 


Item 9.2.2 - FINAL ADOPTION - AMENDMENT NO 1 TO LOCAL PLANNING SCHEME NO 6 - BROOME NORTH LOCAL CENTRE

ATTACHMENT NO 2 - AMENDMENT MAP

 

 


Item 9.2.2 - FINAL ADOPTION - AMENDMENT NO 1 TO LOCAL PLANNING SCHEME NO 6 - BROOME NORTH LOCAL CENTRE

ATTACHMENT NO 3 - SCHEME AMENDMENT DOCUMENT

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Item 9.2.2 - FINAL ADOPTION - AMENDMENT NO 1 TO LOCAL PLANNING SCHEME NO 6 - BROOME NORTH LOCAL CENTRE

ATTACHMENT NO 3 - SCHEME AMENDMENT DOCUMENT

 

 


Item 9.2.2 - FINAL ADOPTION - AMENDMENT NO 1 TO LOCAL PLANNING SCHEME NO 6 - BROOME NORTH LOCAL CENTRE

ATTACHMENT NO 3 - SCHEME AMENDMENT DOCUMENT

 

 


 


 


 


Agenda – Ordinary Meeting of Council 26 November 2015                                                                     Page 294 of 295

 

9.2.3      DEVELOPMENT ASSESSMENT PANEL - NOMINATION OF MEMBERS AND ALTERNATIVE MEMBERS

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Shire of Broome

FILE:                                                           PLA01

AUTHOR:                                                   Statutory Planning Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director of Development Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    21 October 2015

 

SUMMARY:         Development Assessment Panels (DAP) operate according to the provisions set out in the Planning and Development Act 2005 and associated Regulations. The Department of Planning have requested that all local governments provide nominations for local government DAP members following the recent local government elections.

This report recommends Council submits its nominations to the Minister for Planning.

 

BACKGROUND

 

Previous Considerations

 

OCM 29 October 2009                     Item 9.3.1

OCM 21 February 2013                     Item 9.2.12

OCM 27 November 2014                 Item 9.4.5

SMC 29 January 2015                        Item 9.2.1

 

Development Assessment Panels (DAP) were introduced to the Western Australian planning system through the gazettal of the Planning and Development (Development Assessment Panels) Regulations 2011. DAPs are decision-making bodies and are a panel of five members, comprising of a mix of three specialist members appointed by the Minister of Planning and two local government members, who are also appointed by the Minister.

 

The Shire of Broome forms part of the Kimberley/Pilbara/Gascoyne Joint Development Assessment Panel (JDAP). The role of DAP is to consider and determine development applications that fall within the thresholds prescribed under the Planning and Development (Development Assessment Panels) Regulations 2011 as set out below:

 

·    Mandatory development application – any application for development approval that has an estimated cost of $10 million or more.

·    Optional development application – an application for development approval that has an estimated cost of $2 million and less than $10 million, in which either the local government or the applicant elects to the determined by the DAP.

 

An application for development approval that falls within the above thresholds is still submitted to the relevant local government, however the applicant must submit two development application fee’s (one which is remitted to the Department of Planning) and two application forms. The development application is then assessed by the local government officer’s in accordance with the Local Planning Scheme. Officer’s must then prepare a Responsible Authority Report which is submitted with the DAP, whom then determine the development application.

 

The Director General of the Department of Planning has written to all local governments in response to the local government elections held on the 17 October 2015 and requested nominations for local government DAP members.

 

The current membership which was appointed at the Special Council Meeting on the 29 January 2015, consists of the following:

 

·    Cr Mitchell – member

·    Cr Matsumoto – member

·    Cr Tracey – alternate member

·    Cr Male – alternate member

 

The request for nomination of new members is presented to Council to consider nominees following the recent elections.

 

COMMENT

 

The Planning and Development (Development Assessment Panels) Regulations 2011 requires that any application for development approval having a value of $10 million or more be determined by the DAP. Proponents of development applications having a value of $2 million or more, may elect to have a development application determined by the DAP. Certain developments are excluded from consideration by DAP regardless of the development value. Excluded development includes single houses and associated incidental development and grouped or multiple dwelling developments of less than 10 dwelling units.

 

Each local government is to nominate two local government members for representation on the DAP. Alternative members must also be nominated and will sit on the panel should the appointed local government member not be available on the day of a DAP meeting.

 

All nominated members who have not previously undergone training will be required to complete mandatory training before undertaking any DAP duties. The training is organised by the Department of Planning who have advised such training can be effected, should a DAP application be received, prior to the DAP meeting or if a Councillor travels to Perth the Department can schedule a training session.

 

This report recommends Council nominates two members and two alternative members to the DAP and advises the Minister accordingly.

 

CONSULTATION

 

Nil

 

STATUTORY ENVIRONMENT

 

Planning and Development (Development Assessment Panel) Regulations 2011

Part 4 — Development assessment panels

 

25.     JDAP members

 

(1)       The members of a JDAP, at any meeting of the JDAP to determine or otherwise deal with a development application or an application to amend or cancel a determination of the JDAP, are —

 

(a)       the 2 local government members included on the local government register as representatives of the relevant local government in relation to the development

            application; and

(b)       3 persons appointed to the JDAP as specialist members.

 

(2)       In subregulation (1)(a) —

 

relevant local government, in relation to a development application, means the local government of the district in which the land to which the development application relates is situated.

 

(3)       The specialist members must be appointed in writing by the Minister.

 

(4)       Regulation 37 applies to the appointment of specialist members.

 

26. JDAP local government member register

 

(1)       The Minister must cause to be established and maintained a register of local government members of JDAPs.

 

(2)       Subject to subregulation (4), the register must include the names of 2 members of the council of each local government of a district for which a JDAP is established.

 

(3)       Whenever it is necessary to include a member of a council of a local government on a local government register under subregulation (2), the Minister must —

 

(a)       in writing, request the local government to nominate a member of the council of the local government for inclusion on the register; and

(b)       unless subregulation (4) applies, include on the register the name of the person nominated.

 

(4)       If, within 40 days after the date on which the Minister makes a request under subregulation (3) or such longer period as the Minister may allow, the local government fails to nominate a person for inclusion on the local government register in accordance with the request, the Minister may include on the register as a representative of the local government a person who —

(a)       is an eligible voter of the district of the local government; and

(b)       the Minister considers has relevant knowledge or experience that will enable that person to represent the interests of the local community of that district.

 

(5)       For the purposes of subregulation (4)(a) a person is an eligible voter of a district if that person is eligible under the Local Government Act 1995 section 4.29 or 4.30 to be enrolled to vote at elections for the district.

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

Nil

 

RISK

 

Nil.

 

STRATEGIC IMPLICATIONS  

 

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

 

 

VOTING REQUIREMENTS

Absolute Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Nominates Cr_________ and Cr__________ as its Development Assessment Panel members for the term expiring 26 April 2017;

2.       Nominates Cr________ and Cr___________ as its Development Assessment Panel alternative members for the term expiring 26 April 2017.

 

(Absolute Majority Required)

 

Attachments

Nil


Agenda – Ordinary Meeting of Council 26 November 2015                                                                     Page 298 of 299

 

9.2.4      Yawuru Conservation Estate - Draft Recreation Master Plan

LOCATION/ADDRESS:                            In Town Conservation Estate and Out of Town Conservation estate

APPLICANT:                                              Nil

FILE:                                                           NAT 55; NAT55.1;NAT55.2,NAT55.4,NAT55.5

AUTHOR:                                                   Coastal Park Governance Officer

CONTRIBUTOR/S:                                    Strategic Planning Coordinator

RESPONSIBLE OFFICER:                          Director of Engineering Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    1 October 2015

 

SUMMARY:        

A Draft Recreation Master Plan has been developed by the Department of Parks and Wildlife for the Yawuru Conservation Estates.  This draft Plan provides broad direction for recreation activities and facilities within the Yawuru Conservation Estate, both in, and adjacent to Broome.  

The draft plan generally aligns with the Proposed Yawuru Nagulagun / Roebuck Bay Marine Park indicative joint management plan 2015; and the Yawuru Birragun Conservation Park draft management plan 2015.

The Draft Recreation Master Plan is being presented to Council for endorsement of the proposed recreational nodes and activities.

 

BACKGROUND

Previous Considerations

 

 

Annual Electors Meeting

Broome Dinosaur Coast

OMC

26 February 2015

Item 9.4.8   

In Town Management Plan

SMC

12 May 2015

Item 6.4.2

OMC

21 February 2013

Item 9.2.13 

OMC

19 April 2012

Item 9.2.4

OMC

15 March 2012

Item 9.2.5

OMC

1 August 2011

Item 9.4.8

Drainage

OMC

30 April 2015

Item 9.2.4

OMC

25 September 2014

Item 9.2.3

Out of Town Management Plan

SMC

10 September 2015

Item 6.2.1

SMC

29 May 2013

Item 9.2.1

OMC

4 October 2012

Item 9.2.1

Yawuru Conservation Estate

OMC

29 October 2009

Item 9.1.1

Marine Park and Broome Port Authority Waters

OMC

09 August 2012

Item 9.2.1

 

OMC

18 July 2013

Item 9.2.1

 

OMC

17 October 2013

Item 9.2.1

BackGROUND

In total there will be four management plans developed to inform the development of the Yawuru Park Council Budgets and to inform the management principles for the following areas:

Conservation Estate Area

Voting and Tenure Responsibility 

Nagulagun (Marine Park Areas)

(Also referred to in this report as the Marine Park -  the subject of the Marine Park Management Plan)

Yawuru NBY and DPaW

Reserved as an A Class Reserve.

Minyirr Buru (Townsite Areas)

Yawuru NBY and the Shire of Broome

Draft Management Plan not yet finalised.

Cable Beach Intertidal Zone (currently within the Out of Town Areas).

Located approximately 600 metres north of the rocks.

Yawuru NBY, Shire of Broome and DPaW.

Draft Management Plan / tri-partite arrangements yet to be developed and is referenced as Area 25 Portion 1 & 2 ITZ Tri-partite Management Area (Yawuru PBC ILUA).

Birragun (Out-of-Town Areas)

(Also referred to in this report as the Conservation Park - the subject of the Conservation Park Management Plan)

Yawuru NBY and DPaW

Held by Yawuru in Fee simple and leased to State on 99 year lease.

As detailed at the Special Meeting of Council on 10 September 2015 (Item 6.2.1), the Department of Parks and Wildlife (DPaW) released the Proposed Yawuru Nagulagun / Roebuck Bay Marine Park indicative joint management plan 2015 and the Yawuru Birragun Conservation Park draft management plan 2015 for public comment.

The draft Recreation Master Plan provides direction for redeveloping recreation sites across all of the Yawuru Conservation Estate (YCE). All development works will consider the broader landscape and cultural values, visitor experience and perception of the place. This plan provides for the development of sites while remaining acutely aware of the existing character of the parks and the potential impacts of easier access and additional facilities. A careful balance is required to provide an appropriate experience for a diverse range of visitors in a predominantly natural setting.

The Shire of Broome is responsible for the Town site of Broome and is the joint Vesting Authority with Yawuru RNTBC for the ILUA reserves located within the town site. It has powers and responsibilities to provide for the good governance of the district in accordance with the provisions of the Local Government Act 1995 and associated regulations and other legislation.

The Shire is also the responsible authority for the implementation and enforcement of the Broome Town Planning Scheme in accordance with the Planning and Development Act 2005, and for the management of public assets including Sporting and Recreation spaces.

Existing facilities throughout the YCE are limited and this lack of facilities combined with the increasing population and tourism pressures is now having detrimental impacts. Facilities including signage, vehicle barriers, shelters and paths are generally out dated and require maintenance.  Visitors to the Conservation Estate mirror the annual Broome population cycle with a moderate but constant level of local use throughout the year and a sharp increase in visitation through the dry season (May – October). Visitation is dependent on access, with the In-Town Estate areas receiving the highest visitation, particularly Minyirr Park and Gantheaume Point.

Integration of the draft recreation master plan into Shire of Broome recreation planning and the release of two further draft conservation estate plans (Minyirr Buru and the Cable Beach Intertidal Zone) will be required to ensure that duplication of facilities and operational activities are avoided.

The Draft Recreation Master Plan is to be utilised as the operational and planning document and will be aligned with the terrestrial draft management plans (draft Minyirr Buru/In-Town Conservation Estate Management Plan, and the proposed Intertidal Zone  Management Plan).  The progress of the draft In Town Conservation Estate Management Plan has been protracted with the engagement of a new consultant by the Yawuru Park Council to progress the draft plan occurring in mid July 2015.  An expected completion date of December 2015 is anticipated.

Recreational and environmental impacts are a significant consideration in planning and progressing the development of sustainable initiatives for the lasting growth of the community.

Previous Council resolutions inform this report, and impact on the draft Recreation Master Plan, include (but are not limited) to the following:

9.2.13 YAWURU CONSERVATION ESTATE – MANAGEMENT PLAN FOR IN-TOWN ESTATE (21 February 2013)

COUNCIL RESOLUTION:  (REPORT RECOMMENDATION)

Moved: Cr J Bloom Seconded: Cr M Manado

 

That Council:

 

1.   Notes the CCS Strategic report Broome Coastal Reserves Master Plan February 2013;

 

2.   Requires the Chief Executive Officer to have the CCS Strategic report Broome Coastal Reserves Master Plan February 2013 incorporated into a detailed Shire of Broome submission on the draft Yawuru In Town Reserves Management Plan.

 

9.4.8    ANNUAL ELECTORS MEETING HELD 11 DECEMBER 2014. 

Extract (1 & 3 only).

COUNCIL ENBLOC RESOLUTION:  (REPORT RECOMMENDATION 2):

That Council:

 

1.          Notes that the significance of the Broome Dinosaur Coast has been recognised and addressed in the local planning strategy and provisions are contained within the local planning scheme no 6 coastal reserve which aim to ensure that development within a coastal reserve does not have an adverse impact on the ecology, areas of aboriginal cultural or heritage significance or public use of the reserve.

 

3.          Requests the Yawuru Park Council to ensure dinosaur footprints are considered within the relevant management plans being prepared for the yawuru conservation park.

Shire officers have provided the above recommendations to the Yawuru Park Council for consideration and inclusion during the drafting of the Draft Recreation Management Plan.  The above two recommendations will be further considered in the drafting of the Minyirr Buru (In-Town) Conservation Estate Management Plan

9.2.1 YAWURU OUT-OF-TOWN CONSERVATION ESTATE MANAGEMENT PLAN

Special Meeting of Council 29 May 2013

REPORT RECOMMENDATION:

 

That Council advises the Yawuru Park Council it supports the draft Yawuru Out-of-Town Conservation Estate Management Plan 2013 and requests further consideration be given to the following matters:

 

1.        the provision for at least two beach-side recreation nodes south of Coconut Wells;

 

2.        Shire of Broome involvement in the delineation and review of dog and horse areas in the intertidal reserve;

 

3.        addressing public access through the Shire reserves;

 

4.        investigation of including additional intertidal land in the conservation estate;

 

5.        provision of appropriate vehicular access to Cable Beach;

 

6.        consideration of low key boat launching access.

 

 

This resolution of the SMC on 29 May 2013 has resulted in the intent for the northern inter-tidal zone which is a tri-vested management order (Shire of Broome, DPaW and Yawuru NBY) to be developed as a separate management plan.  The intent is that this draft plan will be developed by the Yawuru Park Council and will address some of the recommendations as provided by Council.  It is anticipated that a draft Plan will be available in 2016.

 

COMMENT

DPaW planning staff presented the draft Recreation Master Plan to Shire Officers at a workshop on 20 March 2015.

Shire Officers noted that the draft Recreation Master Plan will be a critical document to guide the future development of recreation facilities in the Yawuru Conservation Estate and are generally supportive of the recommendations made in the Plan.  The Draft Recreation Master Plan and associated maps are attached.

The YCE recreation assets are vitally important to the Broome community. Their effective management is crucial to meeting community needs and aspirations.  Shire Officers recommend that an Asset Management Plan be developed through a ‘whole of life’ approach, which includes preventative maintenance and asset renewal to assist in the management of the infrastructure with the YCE.  Any new structures should be constructed of durable materials and have low maintenance requirements; and landscaping should comprise of native plants with low water requirements.

Officers note that under Local Planning Scheme No. 6 the majority of the nodes proposed are located within the ‘Coastal’ Reserve, which extends seaward to the Low Water Mark. The purpose of the ‘Coastal’ Reserve in Clause 3.4.1 is:

To recognise and protect the environmental integrity, Aboriginal culture and landscape significance of the coastal foreshore and immediate hinterland.

The activities and facilities proposed at the various nodes are consistent with the purpose, aims and objectives of the ‘Coastal’ reserve.  The nodes that are not located within the ‘Coastal’ reserve include:

·   Demco Beach – ‘Local Road’ reserve  

·   Morgan’s Camp – ‘Town Centre’ zone  

·   Waterbank Homestead – ‘Culture and Natural Resource Use’ zone

Even though the above nodes are not within the ‘Coastal’ reserve, the proposed activities are considered appropriate.

Capital Works Schedule

This draft Recreation Master Plan has identified 10 recreation nodes and extensive walking trails within the Minyirr Buru (In-Town) Conservation Area and 16 recreation nodes within the Birrugun (Out of Town) Conservation Area. A long term Capital Works Program should be developed due to the large number of recreation nodes requiring funds for upgrading, and a project prioritisation assessment is required to prioritise the development of the various recreation nodes. A cost benefit analysis should also be undertaken on each recreation node to confirm the scope of development and appropriate allocation of the joint managed capital works funds.

Officers recommend that a 5 Year YCE Capital Works Program be developed using a project prioritisation assessment and a cost benefit analysis. This Program is to be budgeted accordingly.

The draft YCE Recreation Master Plan identifies improvements to the various recreation nodes located both within the In Town and Out of Town Conservation Areas.  Due to very high visitor numbers, the two recreation nodes at Gantheaume Point are a high priority for YPC Capital Works Funding.  The two recreation nodes are:-

·    Gantheaume Point Beach Access

·    Minyirr (Gantheaume Point)

Site Specific Comments

Officers have reviewed the DPaW recommendations and provided the following Officer recommendations:

 

Location

DPaW Recommendation

Officer Recommendation

IN TOWN

Simpson Beach

Minor Day Use Area

·  Consider possible inclusion of adjacent reserve to provide sufficient space for recreation facilities

·  Liaise with Broome Port Authority on site design

·  Remove parking area from pindan cliff and relocate between Port Drive and beach

·  Provide small shelters and formalised beach access

·  Rehabilitate and stabilise old parking area and dunes system

Officers support Minor Day Use Area. 

Currently car park and access track being designed.  Construction scheduled for 2015/16

 

Demco Beach

Medium Day Use Area

· Redefine parking area to increase capacity

· Review incompatible uses of area and determine management approach

· Redefine parking area to increase capacity

· Provide additional small shelters

· Interpret history of Demco meatworks and connection to broader Kimberley region

· Consider revegetation program including ‘gardgu trees’

· Provide toilet facilities

Officers support Medium Day Use Area

The proposed improvements to the parking area and surrounds are consistent with the Old Broome Development Strategy, and are supported. The area of Reserve 50978 which includes the parking area and access track is not located within the Yawuru Conservation Estate, but considers that the Shire can work together with Yawuru Park Council to improve the amenity of this area.

Burrgungun

Morgans Camp

· Consider possible inclusion of adjacent UCL, reserve and/or road reserve to provide sufficient space for Yawuru recreation facilities

· Commercial cultural activities managed by Yawuru

· Consider designated parking area

· Consider mangrove boardwalk into Dampier Creek to fishing platform lookout

· Create interpretation hub using existing buildings (Hunters House)

· Locate trailhead for walk trail to Minyirr - Gantheaume Point

· Recover artefacts including building materials and relics and undertake mapping of building footprints and previous site layout

· Remove rubbish throughout

Officers support Medium Day Use Area, fishing platform and trailhead for Minyirr Walk.

 The retention and interpretation of Morgan’s Camp is consistent with the Chinatown Development Strategy. However, this area is likely to be subject to coastal inundation over the next 100 years due to rising sea levels and any permanent infrastructure installation will need to consider this.

Reddell Beach

 

 North

Medium Day Use Area

· Remove broken or unsafe structures including old fencing

· Relocate parking area back from beach and increase capacity

· Provide small shelters and formalised beach access

· Provide toilet facilities

Officers support Medium Day Use Area - If a further ‘major day use area’ is desired along this stretch of coast, Officers recommend that it be located at this site rather than at Reddell Beach (South). This area is less likely to be subject to erosion. This site is also included within Precinct 7 – Minyirr/ Gantheaume in the Local Planning Strategy, the objective of which is to “establish Precinct 7 as tourism and recreational precinct including interpretation of the dinosaur footprints and ecotourism at the race course”.

Yilagon

Minor Day Use Area

· Relocate parking area back from pindan cliff

· Provide small shelters and formalised beach access

· Rehabilitate and stabilise old parking area and dunes system

Officers support Minor Day Use Area.

South

Major Day Use Area

· Provide small shelters and formalised beach access

· Provide toilet facilities

· Rehabilitate and stabilise old parking area and dunes system where not utilised in site design

The designation of this site as a ‘major day use area’ is not supported.

This area has historically suffered substantial erosion which may jeopardise any permanent infrastructure that is installed. Additionally the site is in close proximity to industrial development.

Officers recommended that this site is classified as a ‘minor day use area.’  

Minyirr Park

 

Base Camp

Major Day Use Area

· Investigate potential lease arrangement with Yawuru including commercial cultural activities

· Provide designated parking area between Gantheaume Point Road and Base camp.

To clarify that the land is in a jointly managed area, it is recommended that ‘Potential lease arrangement with Yawuru including commercial cultural activities’ be amended to ‘Potential lease arrangement with Yawuru Park Council including commercial cultural activities.’

Officers support Major Day Use Area.

Youth Camp

Medium Use Camping Area

· Provide additional toilet facilities as required

· Provide flexible spaces and structures to facilitate variety of activities

· Formalise Nagula Trail to beach

· Define unsealed two way track to Base Camp and Youth Camp

· Consider cultural education opportunities for tour operators

· Address both vehicular and walk trail approaches from Gubinge Road into Park

· Capture existing interpretive artwork and restore or replicate

The proposed Medium use camping areas and improvements to this area are supported.

It is recommended that ‘Potential lease arrangement with Yawuru including commercial cultural activities’ be amended to ‘Potential lease arrangement with Yawuru Park Council including commercial cultural activities.’

It is further recommended that the Yawuru Park Council enter into discussions with the Department of Education to investigate whether it may be feasible to relocate components of the Camp School to this site.

Lurujarri Trail

· Maintain trails as typically natural surface ‘Class 3’ and construct stair structures and trail surface modification where required over steep dune crossings.

· Install trail markers along length of trail

· Construct bough shed shelters at each beach terminus of Nagula Trails

· Continue slashing trails following positive community feedback

· Address visitor risk

· Provide safe trailheads for Nagula Trails at Gubinge Road entries into Park

Officers support Primary Walk Trail/ Lurujarri/Minyirr Trail - Primary Walk Trail.

This trail to Minyirr/Gantheaume is supported to provide additional recreational opportunities for Broome residents and visitors.

 

Nagula Trails

 

Officers support Primary Beach Access via Nagula Trails.

 Stairs have been constructed (July 2015).

Gantheaume Point

 

 

Major Day Use Area

· In cooperation with the Shire, determine extent of parking, interpretation and toilet facilities given current tenure boundaries

· Relocate parking area and increase capacity including overflow parking up Gantheaume Point Road

· Provide parking south west of Broome Turf Club for fishing along sandstone cliffs

· Consider location for Yawuru commercial operation

· Remove and replace existing interpretive structure and include additional  interpretation

· Remove and replace toilet facilities and increase capacity

· Consider alternatives to accessing Gantheaume Point allowing some areas to revegetate and rehabilitate

· Provide universal access path to lookout at Gantheaume Point

· Provide defined safe access to lookout in proximity to cliff edge (Class 1 or 2 wheelchair accessible)

· Provide defined route to Anastasia’s Pool and dinosaur footprints (Class 5)

· Rehabilitate and stabilise eroded areas and address drainage

· Address cliff risks through relocating access, fencing and signage and consider possible designated lookouts or viewing areas along Broome sandstone cliffs

· Undertake geotechnical assessment and DEC VRM inspection of the area

· Remove broken or unsafe structures including old fencing

· Interpret other interpretive elements including Anastasia’s Pool, lighthouse, old fireplace in parking area

Officers support Major Day Use Area and recommend Major Improvements to Area.

Officers recommend a review of Gantheaume Point road alignment (north of turf club) – to relocate the road into the existing road reserve.

 

 Beach Access

Major Day Use Area

· Formalise parking area above beach

· Provide shade shelters and toilet facilities

· Formalise beach access

· Replace management and interpretation signage

· Provide dedicated formalised horse access if required

· Potential major parking area for boat trailers and additional vehicles if required

· Provide designated crossing points from proposed RAC Wilderness Retreat

Officers support Major Day Use Area and formalised beach access for vehicles. 

Officers recommend major improvements to the area including formalised beach access for vehicles, pedestrians and horses.

Officers recommend a land area of 7500m2 (approximately) be set aside for the Fishing Club and car/trailer parking.

 

 Walk Trails

Maintain trails as typically natural surface ‘Class 3’ and construct stair structures and trail surface modification where required over steep dune crossings.

Officers support walk trail from Jetties to Gantheaume Pt

Future Dual Use Path Along Gantheaume Pt Rd – Officers Support as included in Shire Pathways Plan

The walk trail between the jetties is consistent with the Chinatown Development Strategy and Old Broome Development Strategy, and the extension of this trail to Minyirr/Gantheaume is supported to provide additional recreational opportunities for Broome residents and visitors.

· Kavite Rd (South)

· Create larger parking area back from beach and increase capacity

· Provide small shelters and formalised beach access

· Provide toilet facilities

· Rehabilitate and stabilise old parking area and dunes system where not utilised

· in site design

· Consider possible inclusion of adjacent road reserve to provide sufficient space for recreation facilities

· New access road from realigned Kavite Road

· Track multiplication due to wet season flooding on Kavite Road

Realignment of Kavite Rd from Port Drive to north of Redell Beach South node is not supported.

The realignment of the southern portion of Kavite Road, whilst in the draft Local Planning Strategy, was not included in the final Local Planning Strategy as the proposed intersection with Port Drive was not supported by Main Roads WA.

Officers recommend the notation to ‘remove or relocate’ this section of road should be removed from the Master Plan.

Kavite Rd (North)

· Track multiplication due to wet season flooding on Kavite Road.

· Beach access is dangerous and requires a scramble down pindan cliffs.

 

Officers support the closure of Kavite Road between Gantheaume Point Road and Reddell Beach North Node.

Also support realignment of Kavite road to east of turf club from Gantheaume Pt Rd to Reddell Beach North Node.

OUT OF TOWN

Wirrjinmirr (Willie Creek)

Wirrjinmirr

Medium Day Use Area

· Define parking area behind fore dune on flat ground

· Remove and rehabilitate tracks at eastern end

· Define one sustainable vehicle access to beach

· Provide multiple pedestrian access tracks from parking area to beach

· Consider shade shelters and toilet

· Consider providing low key interpretation

· Prevent vehicle access on limestone rock areas

Officers support Medium Day Use Area and vehicle access to beach.

 

Flat Rock

Minor Day Use Area

· Define parking area above north rock shelf

· Close north rock shelf to vehicles and provide designated pedestrian access track

· Maintain vehicle access to south rock shelf (interim measure)

· Upgrade track, address drainage and stabilise banks south of Flat Rock

Officers support Minor Day Use Area.

 

Gidi Gidi/

Sand Bank

Minor Day Use Area

· Define parking area back from fore dune

· Provide suitable barriers to define vehicle access

· Provide designated vehicle access track to beach

· Prevent vehicle access on limestone rock areas

Officers support Minor Day Use Area and vehicle access to beach.

Warnangarri /Limestone

Minor Day Use Area

· Define parking area back from limestone ledge

· Consider providing low key interpretation

· Provide designated access track

· Prevent vehicle access on limestone rock areas

Officers support Minor Day Use Area.  

 

 

Nimilarragan

Minor Day Use Area

· Define parking area at southern end of dam wall

· Undertake remedial works to dam wall to address erosion and trampling (horses)

· Close dam wall to vehicles and define walk trail

· Install gate access to track from Cape Leveque Road

· Access through cultural eco tours only. Site closed to general public

Officers support Minor Day Use Area.

Officers recommend keep site open to public.

Waterbank

Homestead

Major Day Use Area

· Consider need for heritage assessment and survey

· Restore and maintain structures including buildings, stockyards and other elements

· Define parking areas and access throughout Homestead precinct

· Provide adequate toilet facilities

· Provide interpretation hub within precinct including static signage

· Provide facilities for cultural tourism activities such as performance spaces and cooking facilities

· This site may be used for overnight camping associated with cultural eco tourism activities

· This site may be a Yawuru only area for cultural use

Officers support Major Day Use Area and over night camping.

 

Officers recommend to keep open to public (not a Yawuru only area).

 

General

The Shire’s Local Planning Strategy identifies Willie Creek as a ‘Major Tourism Node’ which may ultimately have the potential to accommodate up to 500 people. The creation of recreation nodes in this area will complement this designation and is supported.

Officers recommend that access to the Willie Creek Recreation Nodes is maintained.  This will require access through a Shire Gravel Reserve and access through a Yawuru Cultural Protection Prohibited Access Zone(s)

 

Coconut Well

Ngunun-

gurrukun

Major Day Use Area

· Provide 2WD access from Lawrence Road (possibly sealed)

· Provide parking area on flat, stable country

· Provide multiple shade shelters

· Provide toilet facilities

· Install interpretation signage

· Provide pedestrian access tracks to beach and walk trail to Denham Road

Officers support Major Day Use Area and beach access for vehicles

Officers support access to site to be upgraded to a sealed road standard (2WD)

Officers support interim temporary beach access via Denham Rd until Major Day Use Area constructed. Denham Rd sealed by Shire in Oct 2015.

Support walk trail to beach from Denham Rd and to Ngunungurrukun from Denham Rd.

Niyamarri

Medium Day Use Area

· Provide spur road from McGuigan Road

· Provide shade shelters and toilets

· Create defined parking area behind fore dune

· Provide beach access track and lookout

· Install interpretation signage.

Officers support this site as Medium Day Use and recommend beach vehicle access.

The inclusion of a node at this site is supported. It is recommended that consideration be given to allowing vehicle access to the beach in this location, if clear signage is posted to deter driving on the boggy beach to the north. Signage should also clearly state that vehicle access is to be setback from the base of the dunes so not to impact on turtle nesting sites. The removal of tracks to the north of this site is supported.

Niyamarri

(alternative sites)

 

Access to site looks reasonable as along southern side of rural block with existing track to beach.  Also suitable for vehicles to use to access beach.

Officers support this site as Medium Day Use and recommend vehicle access to beach.

General:  Council has resolved to have 2 recreation nodes south of Coconut Wells. Vehicle access to the beach on the southern side of Coconut Wells (either Niyamarri North or Niyamarri South) shall be provided.  The draft Birrugun (Out of Town) Management Plan advises that investigation will be required to determine best location for recreation site.

Crab Creek

Man-galagun Road Entry

· Create designated information bay parallel with Man-galagun Road

· Install shelter with orientation, management and interpretation signage

· Manage access west into Kunin and east to Gubanyunya

Officers support this site as an Information Bay.

Buga Wamba

Medium Day Use Area

· Spur road from new Man-galagun Road alignment

· Define parking area back from pindan cliff

· Provide defined access tracks from parking area to beach

· Provide shade shelters and toilet

Officers support this site as Medium Day Use Area.

NOTE: This site is not included in Birrugun (Out of Town) Management Plan.

Kadji Rock

Medium Day Use Area

· Spur road from new Man-galagun Road alignment

· Define parking area back from pindan cliff

· Provide defined access tracks from parking area to beach

· Provide shade shelters and toilet

Officers support this site as Medium Day Use Area.

 

Black Rock

Medium Day Use Area

· Define parking area back from pindan cliff

· Provide defined access tracks from parking area to beach

· Provide lookout area

· Spur road from new Man-galagun Road alignment

· Provide interpretation signage

Officers support this site as Medium Day Use Area.

 

Fall Point

Major Day Use Area

· Spur road from new Crab Creek Road alignment

· Define parking area back from pindan cliff

· Provide defined access tracks from parking area to beach

· Provide boat launching facility if practicable

· Provide shade shelters, toilet and interpretive signage

· Consider relocating Broome Bird Observatory lookout deck

Officers support this site as Major Day Use Area and for boat launching/vehicle beach access.

 

Sabu Rock/ Blackberry Tree

Minor Day Use Area

· Define parking area back from pindan cliff

· Provide defined access track from parking area to beach

Officers support this site as Minor Day Use Area.

 

Bandurr Bandurr

Medium Day Use Area

· Define parking area and terminus to Man-galagun Road

· Provide defined pedestrian access tracks to Little Crab Creek

· Provide interpretation and trailhead to Northern Shore Walk Trail

· Provide shade shelters and toilet

· Close Little Crab Creek to boat launching

Officers support this site as Medium Day Use Area.

NOTE: This site is not included in Birrugun (Out of Town) Management Plan.

 

 

 

Man-galagun/

Mirda

Medium Day Use Area

· Define parking area and terminus to Man-galagun Road

· Provide defined pedestrian access tracks to Little Crab Creek

· Provide interpretation and trailhead to Northern Shore Walk Trail

· Provide shade shelters and toilet

· Close Little Crab Creek to boat launching

Officers support this site as Medium Day Use Area.

 

 

 

General:  Shire Officers support the Man-galagun Road realignment away from the pindan cliffs and the northern shore walking trail.

 

CONSULTATION

 

Yawuru Registered Native Title Body Corporate

Department of Parks and Wildlife WA

STATUTORY ENVIRONMENT

Shire of Broome Local Planning Scheme No. 6

3.4 Coastal Reserve.  3.4.1 Purpose:

To recognise and protect the environmental integrity, Aboriginal culture and landscape significance of the coastal foreshore and immediate hinterland. Notwithstanding anything in the Scheme or on the maps, the Coastal Reserve extends seaward to the Low Water Mark and includes the offshore islands.

Conservation and Land Management Act 1984 (WA) (Conservation Commission)

Division 3 — Marine reserves:

13A. Marine nature reserves, purpose of and prohibited acts in

(1)     The reservation of a marine nature reserve shall be for —

                 (a) the conservation and restoration of the natural environment; and

                 (b) the protection, care and study of indigenous flora and fauna; and

                 (c) the preservation of any feature of archaeological, historic or scientific

                        interest.

13B. Marine parks, purpose of and prohibited acts in

(1)     The reservation of a marine park shall be for the purpose of allowing only that level of recreational and commercial activity which is consistent with the proper conservation and restoration of the natural environment, the protection of indigenous flora and fauna and the preservation of any feature of archaeological, historic or scientific interest.

(2)     As soon as practicable after the reservation of a marine park the Minister shall classify the park under section 62, or divide the park into areas and classify each area under section 62, as —

                 (a) a general use area; or

                 (b) a sanctuary area; or

                 (c) a recreation area; or

                 (d) a special purpose area,

          in accordance with a proposal for the classification publicly notified in  accordance with section 14, modified as the Minister thinks fit to give effect to submissions made under section 14.

Local Government Act 1995

Land Administration Act 1997 - Section 49

“49: Management plan for managed reserve

(1)         A management body may submit to the Minister for his or her approval a plan for the development, management and use of the Crown land in its managed reserve for the purpose of that managed reserve.

(2)         The Minister may request a management body or proposed management body to submit to the Minister in an approved form, within such period as is specified in that request, for his or her approval a plan for the development, management and use of the Crown land in the managed reserve of the management body for the purpose of that managed reserve.

(3)         A management body must, before submitting a plan to the Minister under subsection (1) or in response to a request under subsection (2) —

(a)        consider any conservation, environmental or heritage issues relevant to the development, management or use of the Crown land in its managed reserve for the purpose of that managed reserve; and

(b)        incorporate in the plan a statement that it has considered those issues in drawing up the plan.

(4)         If a management body submits a plan to the Minister under subsection (1) or in response to a request under subsection (2) and the Minister approves that plan and notifies the management body of that fact, the management body may develop, manage and use the Crown land concerned —

(a)        in accordance with the plan; or

(b)        if the Minister approves a variation of the plan, in accordance with the plan as varied.”

Conservation and Land Management Act 1984 (WA) (Conservation Commission)

CALM Act (Executive Body)

Assistance Agreement (AA) - Section 33(1) (f) CALM Act 1984 (WA)

“33 .  CEO, functions of

(1)         The functions of the CEO are, subject to the direction and control of the Minister — (f) to provide advice to, or undertake work for or jointly with, and to supply services or facilities to, any department, public or private body or other person, whether in the State or elsewhere if the Minister is of the opinion that the provision of that advice or the undertaking of that work is in the public interest; “

Marine Parks and Reserves Authority (Section 26A of the CALM Act - Marine Authority)

Dog Act 1976

Cat Act 2011

Control of Vehicles (Off-road Areas) Act 1978

Local Government Grants Act 1978

Dog Regulations 1976

Cat Regulations 2012

Control of Vehicles (Off-road Areas) Regulations 1979

ASSOCIATED DOCUMENTS

·    Proposed Yawuru Nagulagun / Roebuck Bay Marine Park indicative joint management plan 2015;

·    Yawuru Birragun Conservation Park draft management plan 2015;

·    Yawuru Prescribed Body Corporate Indigenous Land Use Agreement – Broome (Yawuru PBC ILUA); and

·    The Yawuru Area Agreement Indigenous Land Use Agreement – Broome (Yawuru AA  ILUA)

Joint Management Agreement (JMA)

Assistance Agreement (AA)

POLICY IMPLICATIONS

SoB Yawuru Park Council Policy 1.5.1[OMC 29 November 2012 Item 9.4.4].

·    There is no delegation to the Yawuru Park Council representatives.

FINANCIAL IMPLICATIONS

Funding for the preparation of the draft Recreation Master Plan and proposed capital works is sourced from the Yawuru Trust Account.  There are no Shire budget allocations to progress the draft Recreation Master Plan and YCE capital works projects.

DPaW has proposed the following site specific capital works projects in the draft 2015/16 YCE Budget. It should be noted that the YPC has yet to adopt the draft 2015/16 YCE Budget.

In Town – approximately $ 450,561

Tenure

Description

Cost

In Town

Site Improvement - Simpson Beach 

200,000

In Town

Park Track / Trail Maintenance - Minyirr Trail 'Jack Matting' etc

12,125

In Town

Management Signage - standard management signage across parks

9,256

In Town

Capital Works - Minyirr Park Stairs (carry over from 14/15)

229,180

 

Out of Town - approximately $ 971,376

Tenure

Description

Cost

Out of Town

Vehicle Access - Man-galagun Track maintenance / repairs

13,500

Out of Town

Site Improvement - Gurlbanwila (Dog Rocks)

971,376

Out of Town

Management Signage - standard management signage across parks

9,254

 

If the draft 2015/16 YCE budget is approved by YPC, the capital works projects as noted above will require the development of project plans. Further to this, the financial impact in regard to ongoing operations, maintenance and renewal expenditure has yet to be quantified or responsibilities determined.

 

RISK

 

The draft Recreation Master Plan is a critical document to guide the future development of recreation facilities in the Yawuru Conservation Estate.  If the draft Plan is not endorsed by Council, it is ‘Almost Certain’ that there will be a ‘Moderate’ consequence to the Shire’s reputation, resulting in a ‘High’ risk to the Shire.  This risk to the Shire can be reduced to ‘Low’, if the draft Recreation Master Plan with the recommended amendments is endorsed by Council.

 

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

Participation in recreational activity

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

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

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:

Sustainable and integrated strategic and operational plans

Responsible resource allocation

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.         Acknowledges the significant effort by the parties (Department of Parks and Wildlife, Yawuru and the Shire of Broome) to prepare the Yawuru Conservation Estate Draft Recreation Master Plan and endorses the document in principle subject to Points 2 and 3 below;

 

2.         Requests the Chief Executive Officer to negotiate with Yawuru and the Department of Parks and Wildlife the following amendments to the Draft Recreation Master  Plan:

 

a.    Gantheaume Point Beach Access Site shall include formalised beach

       access for vehicles, pedestrians and horses;

b.    Kavite Rd Realignment (south) is not supported and should be removed;

c.    Two recreation nodes with at least one vehicle access point to the beach shall be provided at Niyamarri (south of Coconut Well);

d.    Access to the Willie Creek Recreation Sites shall be allowed through the Yawuru Cultural Protection Prohibited Access Zone as shown in the Draft Yawuru Birragun Conservation Park draft management plan 2015;

e.    Confirmation that the Buga Wamba and Bandurr Bandurr Sites are not included in the Yawuru Birragun Conservation Park draft management plan 2015 and should be removed;

f.     The Nimilarragan Site is to be kept open to the public;

g.    The Waterbank Homestead Site is to be kept open to the public;

h.    The Redell Beach (south) site is a ‘minor day use’ area;

i.      For Base Camp and Youth Camp, ‘Potential lease arrangement with Yawuru including commercial cultural activities’ should be replaced with ‘Potential lease arrangements with Yawuru Park Council including commercial cultural activities’; 

j.      Set aside an area of 7500 sq.m at Gantheaume Point Beach Access Site for the Fishing Club and Car/Trailer Parking;

k.    Enter into discussions with Department of Education regarding the possible relocation of the Camp School to Youth Camp;

l.     Undertake a review of the location of the section of Gantheaume Point Road to the northwest of the Turf Club, as the road is currently not located within the road reserve.

 

3.         Requests the Yawuru Park Council to facilitate the orderly and well managed implementation of the Draft Recreation Master Plan through the development of:-

 

a.    An Asset Management Plan for the Yawuru Conservation Estate through a ‘whole of life’ approach;

b.    A 5 year Yawuru Conservation Estate Capital Works Program using a project prioritisation assessment and a cost benefit analysis, and that this Program be budgeted accordingly;

 

4.         Authorises its delegates to inform the Yawuru Park Council of this resolution.

 

Attachments

1.

Draft Recreation Master Plan

2.

Draft Recreation Master Plan Maps

  


Item 9.2.4 - Yawuru Conservation Estate - Draft Recreation Master Plan

Draft Recreation Master Plan

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Item 9.2.4 - Yawuru Conservation Estate - Draft Recreation Master Plan

Draft Recreation Master Plan Maps

 

 


 


 


 


 


 


 


 


Agenda – Ordinary Meeting of Council 26 November 2015                                                                     Page 358 of 359

 

9.2.5      PREPARATION OF AMENDMENT 2 TO LOCAL PLANNING SCHEME NO. 6 - IDENTIFICATION OF DEVELOPMENT CONTRIBUTIONS AREA  AND PREPARATION OF DEVELOPMENT CONTRIBUTIONS PLAN

LOCATION/ADDRESS:                            Lots 360, 365, 504, 514, 521, 522, 526, 527, 2605, 2606, and 3129 Fairway Drive, Bilingurr; Lot 301 Magabala Road, Bilingurr; Lot 502 Gubinge Road, Cable Beach; Lot 3143 Dickson Drive, Broome; Lot 3144 Dora Street, Broome; Pt. Lot 3128 Coucal Street, Cable Beach; Lot 9051 Jigal Drive, Djugun; and Lot 9053 Lorikeet Drive, Djugun

APPLICANT:                                              Nil

FILE:                                                           PLA92, LPS6/2

AUTHOR:                                                   Strategic Planning Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director of Development Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    11 November 2015

 

SUMMARY:         Under State Planning Policy 3.6 – Development Contributions for Infrastructure a local government can seek monetary contributions from land developers for community and standard infrastructure items that are required to support the orderly development of an area. Contributions are applied to a designated Development Contributions Area (DCA) which is incorporated into the local planning scheme. The methodology for apportioning contributions and the items to which they will relate are set out in a supporting Development Contribution Plan. The Planning and Development (Local Planning Schemes) Regulations 2015 allow for local government to resolve to prepare a scheme amendment and then complete the formal amendment documentation for further consideration by Council.   

This report recommends that Council resolve to prepare an Amendment to Local Planning Scheme No. 6 to allow for the establishment of a Development Contributions Area in the Broome townsite and for the preparation of a supporting Development Contributions Plan.

 

BACKGROUND

 

Previous Considerations

 

OMC 28 October 2010                     Item 9.3.14

OMC 30 July 2015                              Item 9.2.1

 

The concept of development contributions for new residential subdivision in Broome has been considered for several years, since the inception of the Broome North residential estate.

 

Council in its Corporate Business Plan 2015-19 formalised its intention to prepare development contribution plans through the following Outcome, Strategy, and Action.

 

Outcome No.

Outcome

Strategy No.

Strategy

Action No.

Action

2.1

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

2.1.2

Develop and implement precinct based Development Strategies

2.1.2.5

Develop a community and hard infrastructure development plan. 

 

A resolution of Council to prepare a formal Scheme Amendment is the first step to achieve this action.

 

COMMENT

 

Basis for Development Contributions

In Western Australia, development contributions for hard infrastructure such as roads, footpaths and utilities have long been accepted as an essential part of the planning system. More recently, changes to State Planning Policy 3.6 – Development Contributions for Infrastructure (SPP3.6) created a framework for the collection of development contributions for the provision of community infrastructure. ‘Community Infrastructure’ includes items such as sporting and recreational facilities, community centres, child care and after school centres, libraries and cultural facilities.

 

SPP3.6 recognises that local governments face increasing pressures on the services they provide. These pressures arise from population and economic growth, increasing expectations of the community for new and upgraded infrastructure, and limited financial resources. 

 

The pressure to provide services to the community is evident within the Shire of Broome.  In a community survey undertaken as part of the Broome 2040 project, ‘Upgrading Infrastructure and Services’ was identified by respondents as the biggest challenge for the Shire over the next 20-40 years. 

 

To help address this issue, SPP3.6 sets out the principles and considerations that apply to development contributions for the provision of infrastructure in new and established urban areas. The key principle is that the beneficiary pays. Key provisions of SPP3.6 have been incorporated into the Shire’s Local Planning Scheme No. 6 (LPS6) and provide a statutory framework for adopting Development Contribution Plans (DCPs) as amendments to the Scheme. 

 

Scheme Amendment Process

 

The gazettal of the Planning and Development (Local Planning Schemes) Regulations 2015 (‘the Regulations’) amended the process by which local government can prepare or adopt Scheme Amendments. The Regulations establish three tracks of amendments – basic, standard and complex – and prescribe processes for the local government and WAPC to progress amendments of each type.  

 

Under  Regulation 35, a local government can resolve to prepare a Scheme Amendment. For complex amendments, a second resolution is then required once formal amendment documentation has been prepared, to proceed to advertise the amendment. Only at this stage will the amendment be referred to the WAPC for consent to advertise. 

 

The definition of a ‘complex’ amendment includes ‘an amendment to identify or amend a development contribution area or to prepare or amend a development contribution plan,’ therefore the above process must be followed in this case.

  

The purpose of this report is therefore to get Council to resolve to prepare a Scheme Amendment to introduce a Development Contribution Area into Local Planning Scheme No. 6 as per the attached map.

 

The introduction of a development contribution plan will provide certainty to both Council and developers about which areas will be required to pay contributions, which infrastructure items will be funded, and what methodology will be used to calculate contributions in a fair and equitable manner.

 

Population Growth in Broome

 

The Shire has experienced consistent growth in its permanent resident population, and it is anticipated that this will continue. Broome has been identified as a ‘Regional City’ in the State Planning Strategy and Kimberley Regional Planning and Infrastructure Framework (KRPIF), and aspirational population projections from the KRPIF and Kimberley Development Commission’s Regional Economic Blueprint encourage up to a 5% average annual growth rate (AAGR) over the next 21 years.

 

To support the preparation of the Local Planning Strategy (LPS) the Shire of Broome prepared a Community Profile which considered four growth scenarios. Whilst more conservative than the aspirational projections of the KRPIF, these ranged from an AAGR of 2.1% per annum to 3% in the permanent residential population. On the basis of these projections land was earmarked in the LPS as ‘Future Development Areas’ (FDAs). Attachment 2 shows the FDAs spatially.

 

Attachment 2 – Local Planning Strategy Map

 

If all land identified as FDAs in the LPS was developed, it would yield approximately 7,080 dwellings. When added to the number of existing dwellings within the Broome townsite and dwellings that could be developed on existing zoned and subdivided residential land, this would accommodate a population of over 35,000.

 

As the DCP is intended to apply to development that will be undertaken within the next 15 years, officers have used the medium growth scenario (Scenario 2) in the Local Planning Strategy to estimate future population by 2031 and to identify land required to provide for this population. This land will be included in the DCA. Under Scenario 2, the population within the Broome townsite will increase to approximately 20,700 by 2031.  The 3,200 lots that will be created through subdivision of the DCA at a density of R20 (as is prescribed in the LPS) will be able to successfully cater for this growth.

 

In considering which areas to include in the DCA, the following matters were taken into account:

·    Portions of FDA1 (Broome North) north of Fairway Drive were excluded as the Broome North District Development Plan states that the extents of interim development to 2031 will be bound by Fairway Drive, Broome Highway and Gubinge Road as reflected in Attachment 1;

·    FDAs 3 and 4 were excluded as they are currently constrained by the location of the Broome International Airport. These locations fall within the 30 Australian Noise Exposure Forecast (ANEF) zone and above, and as such permanent residential development will not be permitted until the airport relocates. The endorsed Airport Development Plan states this will not occur prior to 2025. Should relocation take place prior to this, an amendment to the DCP, or additional DCP, can be undertaken to include these FDAs. 

·    FDAs 7 and 8 are the in-town Aboriginal settlements of One Mile (Nillir Irbanjin) and Bilgungurr. This land has already been partially developed and the owners and leaseholders have not expressed an interest in undertaking broad scale redevelopment during the life of the DCP. As above, should circumstances change, an amendment to the DCP, or additional DCP, could be contemplated to include these FDAs.

 

·    Subdivision by individual landowners on existing lots has been excluded. The majority of the Broome townsite is developed into low-density single residential lots and as such the potential for infill subdivision is limited. Whilst subdivisions of this nature occasionally occur, the timing of these is uncertain and there is no way to reliably predict yields in a way that is needed to create a DCP. It is noted, however, that if broad-scale redevelopment of an entire area is proposed to significantly increase density, an amendment to the DCP, or additional DCP, can be undertaken to capture this.    

It is noted that Council has the ability to consider incorporating additional land into the DCA when future Scheme Amendments are lodged.  

 

Based on the above, it is considered that the proposed extents of the DCA are consistent with the Shire’s strategic planning framework and will be adequate to cater for predicted population growth in Broome over the next 15 years.

 

Elements to be Included in the DCP

 

SPP3.6 sets out the elements to be included in a DCP. Should Council resolve to prepare a Scheme Amendment as outlined in this report, Shire staff will prepare the formal documentation for Council’s, and the WAPC’s, consideration. This will include:

 

·    A Scheme Amendment report including justification for the amendment using the Shire’s corporate, strategic and statutory planning frameworks;

·    A Development Contribution Plan, which will include:

Identification of the infrastructure items required over the next 15 years;

A capital expenditure plan which identifies the capital costs to provide the relevant infrastructure, revenue sources, and timing for provision;

Projected growth figures; and

A methodology for determining the proportion of costs of infrastructure to be attributed to the growth areas and the proportion to be attributed to existing areas.

As such it is recommended that Council resolves to prepare an amendment to Local Planning Scheme 6 to incorporate a Developer Contribution Area and Plan to cater for the population growth over the next 15 years.

 

CONSULTATION

 

Should Council resolve to prepare a Scheme Amendment as outlined in this report, the formal Scheme Amendment documentation will be publicly advertised for a period of no less than 60 days, as is required under the Regulations.

 

STATUTORY ENVIRONMENT

 

Planning and Development Act 2005

 

75. Amending scheme

 

A local government may amend a local planning scheme with reference to any land within its district, or with reference to land within its district and other land within any adjacent district, by an amendment —

 

(a)     prepared by the local government, approved by the Minister and published in the Gazette; or

(b)     proposed by all or any of the owners of any land in the scheme area, adopted, with or without modifications, by the local government, approved by the Minister and published in the Gazette.

 

81. Proposed scheme or amendment to be referred to EPA

 

When a local government resolves to prepare or adopt a local planning scheme, or an amendment to a local planning scheme, the local government is to forthwith refer the proposed local planning scheme or amendment to the EPA by giving to the EPA —

(a)     written notice of that resolution; and

(b)     such written information about the local planning scheme or amendment as is sufficient to enable the EPA to comply with section 48A of the EP Act in relation to the local planning scheme or amendment.

 

Planning and Development (Local Planning Schemes) Regulations 2015

 

34. Terms used

 

complex amendment means any of the following amendments to a local planning scheme —

(e)   an amendment to identify or amend a development contribution area or to prepare or amend a development contribution plan

 

35. Resolution to prepare or adopt amendment to local planning scheme

 

(1)     A resolution of a local government to prepare or adopt an amendment to a local planning scheme must be in a form approved by the Commission.

Note: Section 75 of the Act provides for a local government to amend a local planning scheme or adopt an amendment to a local planning scheme proposed by all or any of the owners of land in the scheme area.

(2)     A resolution must —

(a) specify whether, in the opinion of the local government, the amendment is a complex amendment, a standard amendment or a basic amendment; and

(b) include an explanation of the reason for the local government forming that opinion.

(3)     An amendment to a local planning scheme must be accompanied by all documents necessary to convey the intent and reasons for the amendment

 

70. Development contribution area

 

(1)     A local government may determine that an area of land within a scheme area is a development contribution area if development or subdivision of the land would require the provision of infrastructure or facilities in the area to support the development or subdivision.

(2)     A development contribution area must be shown as a special control area on the scheme map for the local planning scheme.

 

71. Development contribution plan

 

(1)     A local government must prepare a development contribution plan for each area identified in a local planning scheme as a development contribution area.

(2)     A development contribution plan may be prepared concurrently with the identification of the development contribution area to which it relates.

(3)     A development contribution plan is prepared for the purpose of setting out who is to contribute to the cost of providing infrastructure or facilities in a development contribution area and how those contributions are to be determined.

 

POLICY IMPLICATIONS

 

State Planning Policy 3.6 – Development Contributions for Infrastructure

 

This policy guides the form of development contributions plans, the principles to underlie apportionment of contributions, and how the development contribution plan is to be administered. The DCP will be prepared in accordance with the provisions of SPP 3.6. 

 

FINANCIAL IMPLICATIONS

 

The Scheme Amendment documentation will be prepared in-house using existing staff resources. A preliminary list of Community Infrastructure projects has been prepared on the basis of existing strategic documents such as the Sport, Recreation and Leisure Plan (2015), the Local Planning Strategy, and the Old Broome Development Strategy. This list will require further review by Council and will be presented as part of the formal amendment documentation.

 

The list of standard infrastructure projects will be informed by three studies which are scheduled to occur in the 2015-16 financial year, including a District Traffic Study, a District Drainage Management Strategy, and a Fit-for-Purpose Water Supply Study. The outcomes of other projects such as the review of the Building Asset Management Plan and Transport Asset Management Plan and the completion of the Coastal Hazard Risk Management and Adaptation Plan and Public Open Space Asset Management Plan may also be used to determine infrastructure items.  

 

RISK

 

Without a formal development contribution plan in place, the Shire will not be able to compulsorily require development contributions for new residential subdivisions in Broome. Whilst voluntary agreements may be entered into, this will be at the discretion of the developer. This could lead to the loss of millions of dollars that can be used help fund the construction of vital standard and community infrastructure within the town. In 2010 Council estimated that the total cost of this infrastructure until 2031 would be in excess of $152 million. Without the inclusion of development contributions these costs will be borne solely by the Shire.   

                                                        

STRATEGIC IMPLICATIONS  

 

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

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.           Pursuant to Section 75 of the Planning and Development Act 2005, prepare an amendment to the Shire of Broome Local Planning Scheme No. 6 by:

 

(a)     Amending  Scheme Map sheets, 23, 24,  27,  30 and 32 to add the notation ‘Development Contribution Area 1’(‘DCA1’) to the following  lots as per the map in Attachment 1:

 

·     Lots 360, 365, 504, 514, 515,  521, 522, 526, 527, 2605, 2606 and 3129 Fairway Drive, Bilingurr

·     Lot 301 Magabala Road, Bilingurr 

·     Lot 502 Gubinge Road, Cable Beach

·     Lot 3143 Dickson Drive, Broome

·     Lot 3144 Dora Street, Broome 

·     Pt. Lot 3128 Coucal Street,  Cable Beach 

·     Lot 9051 Jigal Drive, Djugun

·     Lot 9053 Lorikeet Drive, Djugun 

(b)     Preparing a Development Contribution Plan for the area identified as DCA1.

2.           Resolve that the amendment is a complex amendment under the provisions of the Planning and Development (Local Planning Schemes) Regulations 2015 for the following reasons:

·    Under Regulation 34 of the Planning and Development (Local Planning Schemes) Regulations 2015 a complex amendment is defined as including ‘an amendment to identify or amend a development contribution area or to prepare or amend a development contribution plan.’

3.           Forward this resolution to the Environmental Protection Authority pursuant to Section 81 of the Planning and Development Act 2005.

 

 

Attachments

1.

Attachment 1 - Development Contributions Area

2.

Attachment 2 - Local Planning Strategy Map

  


Item 9.2.5 - PREPARATION OF AMENDMENT 2 TO LOCAL PLANNING SCHEME NO. 6 - IDENTIFICATION OF DEVELOPMENT CONTRIBUTIONS AREA  AND PREPARATION OF DEVELOPMENT CONTRIBUTIONS PLAN

Attachment 1 - Development Contributions Area

 

 


Item 9.2.5 - PREPARATION OF AMENDMENT 2 TO LOCAL PLANNING SCHEME NO. 6 - IDENTIFICATION OF DEVELOPMENT CONTRIBUTIONS AREA  AND PREPARATION OF DEVELOPMENT CONTRIBUTIONS PLAN

Attachment 2 - Local Planning Strategy Map

 

 


Agenda – Ordinary Meeting of Council 26 November 2015                                                                     Page 368 of 369

 

9.2.6      THE CHINATOWN CHRISTMAS DECORATIONS AND STREET PARTY

LOCATION/ADDRESS:                            CHINATOWN; SHORT ST, DAMPIER TERRACE & CANARVON STREET

APPLICANT:                                              Nil

FILE:                                                           REP004

AUTHOR:                                                   Events Coordinator

CONTRIBUTOR/S:                                    Youth and Community Development Officer

RESPONSIBLE OFFICER:                          Deputy Chief Executive Officer

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    12 November 2015

 

SUMMARY:         This report proposes plans to install Christmas lights and decorations in Chinatown and to work collaboratively with the community to hold a Christmas street party in Chinatown. The report also recommends that the Shire works with Spirit FM to hold the Christmas street party on Thursday 3 December 2015, with logistical support to be provided by the Shire of Broome and seeks Council’s approval of the event. It is also recommended that Christmas decorations are installed on Carnarvon Street and Dampier Terrace similar to 2014.

 

BACKGROUND

 

Previous Considerations

 

ACHAC     11 September 2013    Item 5.2

OMC         17 October 2013        Item 10.1

SMC                    6 November 2014      Item 9.1.1

 

COMMENT

 

The purpose of the Chinatown Christmas project is to bring the local Broome community together to showcase Chinatown at a key time of year for the retail sector. The project aims to generate community goodwill and provide opportunities for positive Shire branding as well as contributing to the revitalisation of Chinatown in line with the Chinatown Development Strategy.

 

The Chinatown Christmas Project provides opportunities for community engagement and activation of Chinatown.

 

Christmas Street Party

 

As in previous years, it is recommended that the Shire of Broome works with Spirit FM, Chinatown Traders Association and local businesses to hold a Christmas street party in Chinatown on Thursday 3 December 2015, with logistical support to be provided by the Shire of Broome including traffic management and litter control. The street party will take place in both Dampier Terrace and Carnarvon Street between Napier Terrace and Short Street. The event will have a night market atmosphere with food and craft stalls as well as entertainment including Christmas carols, music, dancing, street performers and an appearance from Santa Claus. The event is designed to activate Chinatown in the evening and provide an opportunity for retailers to open their doors for late night Christmas trading. As this event could conceivably attract in excess of 2,000 people, in accordance with the Shire’s Event Policy this would be a Tier 3 event and therefore requires Council approval. It is proposed that Council delegates authority to the Chief Executive Officer to approve the event in Chinatown in accordance with the Shire’s Events Policy subject to all regulatory and policy requirements being met.

 

Christmas Decorations

 

It is proposed that the Shire of Broome installs the same suite of decorations as were on display in 2014, which will include:

·    Christmas Banners hung from light poles leading into and around Chinatown

·    Light Panels hung from light poles along Carnarvon Street

·    Two boabs at either end of Carnarvon street decorated with lights and baubles

The decorations will be installed over the week beginning Monday 30 November and will be on display ready for the street party on Thursday 4 December.

 

The Shire of Broome will offer Christmas lanterns for sale to Chinatown retailers which have been sourced in bulk and can therefore be offered at a subsidised rate. The lanterns will be particularly beneficial for retailers in Dampier Terrace where a lack of infrastructure restricts the provision of hanging light panels and other decorations. Retailers will be responsible for placing the lanterns out and bringing them in each night to avoid vandalism. This initiative provides an opportunity for businesses to be directly involved in the Chinatown Christmas project and creates a sense of ownership and pride.

 

Local childcare centres, schools and youth groups will again participate in the Broome Christmas Windows competition by creating Christmas window displays to be installed in business windows and vacant shopfronts around Chinatown. The displays will be installed ready for judging at the Christmas Street Party with prizes for the best three displays.  The displays will remain up over the Christmas period attracting parents and community members to Chinatown to view the displays.

CONSULTATION

 

Spirt FM

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995 

3.50. Closing certain thoroughfares to vehicles

 

1)      A local government may close any thoroughfare that it manages to the passage of vehicles, wholly or partially, for a period not exceeding 4 weeks.

 

Shire of Broome Local Government Property and Public Places Local Law 2012

 

Definitions and Interpretations

 

1.6     (1) In this local law, unless the context otherwise requires: “function” means an event or activity characterised by any or all of the following:

 

(a) formal organisation and preparation;

(b) its occurrence is generally advertised or notified in writing to particular persons;

(c) it is organised by or on behalf of a club;

(d) payment of a fee is required for attendance; and

(e) there is systematic recurrence in relation to the day, time and place;

 

3.1    (1) Where a person is required to obtain an approval from the local government under this local law, that person shall:

(a) not do the thing for which the approval is required without first obtaining the approval; and

(b) apply for the approval in accordance with subclause (2).

 

(2)     An applicant shall make an application for an approval by completing the form provided for the purpose by the local government, paying the application fee to the local government and forwarding the application to the local government.

 

(3)     The signature of the applicant on the form under subclause (2) shall be deemed to be proof that the applicant has:

 

(a) read and understood any conditions printed on the application form; and

(b) accepted and agreed to comply with any conditions printed on the application form.

 

Determination of application

 

3.2     (1) The local government may, in respect of an application for an approval: (a) refuse the application; or (b) approve the application on such terms and conditions, if any, as it considers fit.

(2)     Without limiting the generality of subclause (1)(b), the local government may impose conditions requiring the payment of a fee for the issue of the form of approval referred to in subclause (3) and for the renewal of the approval, including the payment of a renewal fee.

(3)     If the local government approves an application under subclause (1) (b), then it is to issue to the applicant an approval in the form determined by the local government.

 

Conditions of approval

 

3.3     (1) Where an application for an approval has been approved subject to conditions, the approval holder shall comply with each of those conditions.

(2)     The local government may vary the conditions of an approval and the approval holder shall comply with those conditions as varied.

  

Division 2 – Matters relating to approvals

 

Term and validity of approval

 

3.4 An approval remains valid until:

 

(a) the expiration date and time stated in the approval is reached;

(b) the activity or function for which the approval was issued is changed to the extent that it is no longer consistent with the original purpose or intent for which the approval was given;

(c) the approval is cancelled by the local government under clause 3.5; or

(d) the public liability or indemnity insurance required as a condition of an approval lapses, is cancelled or is no longer current.

 

3.5     (1) The local government may cancel an approval if:

 

(a) anything purporting to be done in accordance with the approval is not done in conformity with the conditions of the approval;

(b) the approval holder is convicted of an offence against this local law; or

(c) the approval holder fails to comply with a notice given under clause 12.1 in relation to a breach of the approval or a condition of the approval.

 

(2)     Notwithstanding subclause (1), where an approval relates to the hiring of local government property, the local government may cancel the approval at any time. (3) Where the local government cancels an approval for the hire of local government property under subclause (2), then the local government shall not be liable to the approval holder for any loss or damage sustained by the approval holder arising from the cancellation

 

Part 4 – Activities Which Are Restricted Or Prohibited On Local Government Property and Public Places

 

Division 1 – Activities only permitted under an approval or by a sign

Activities requiring an approval 4.1 (1) A person shall not on any local government property or public place within the Broome town site area, without first having obtained an approval from the local government to do so:

 

(a) consume any liquor;

(b) erect a structure for public amusement or for any performance for personal gain or otherwise;

(c) conduct any function;

(d) light or set off any fireworks or conduct a fireworks display;

(e) light any fire except in a facility provided for that purpose;

(f) erect any tent, camp, hut, building or other structure, other than a beach umbrella or other portable item used for protection from the elements between sunrise and sunset on any day;

(g) coach, teach, instruct or train any person for a fee;

(h) charge a person for entry to local government property;

(i) operate any broadcasting or public address system or apparatus, other than those used by a life saving club in the performance of its functions;

(j) erect any sign;

(k) walk, lead, ride, herd or drive any large animal;

(l) play or use any musical instrument or any other similar device;

(m) pursue a use on local government property set aside for that purpose under clause 5.1

 

Shire of Broome Trading, Outdoor Dining ad Street Entertainment Local Law 2003

 

Definitions and Interpretations 1.6 In this local law unless the context requires otherwise: “trading” includes:

 

(a)  the selling or hiring or, the offering for sale or hire of or the soliciting of orders for goods or services in a public place;

 

(b) displaying goods in any public place for the purpose of:

(i) offering them for sale or hire;

(ii) inviting offers for their sale or hire;

(iii) soliciting orders for their sale or hire; or

(iv) carrying out any other transaction in relation to them; and

 

(c) the going from place to place, whether or not public places, and:

(i) offering goods or services for sale or hire; or

(ii) inviting offers or soliciting orders for the sale or hire of goods or services, but does not include:

 

(d) the delivery of pre ordered goods or services to the purchaser of those goods or services, or to the person nominated by the purchaser of those goods or services to accept delivery, whether or not payment for those goods or services is made on delivery;

 

46. Local laws and regulations generally

(1)     Any regulation made under section 44 or local law made under this Act may be so made —

(a) as to apply generally or in a particular class of case, or particular classes of cases, at all times or at a specified time or specified times, throughout the district or in a specified part or specified parts of the district and in areas which although not within the district are by the operation of the provisions of this Act nevertheless to be regarded as being within the district;

(b) as to require a matter affected by it to be in accordance with a specified requirement, or as approved by, or to the satisfaction of, a specified person or body, or class of person or body, and so as to delegate to or confer upon a specified body a discretionary authority; and

(c) as to provide that in specified cases, or a specified class of case, or specified classes of cases, whether on specified conditions or unconditionally, persons or things may be exempted from its provisions either wholly or to such extent as is specified.

 

(2)     Any regulation made under section 44 or local law may make provision for the imposition of penalties not exceeding $100 in respect of any contravention.

 

(3)     Where in relation to a regulation made under section 44 or local law made under this Act the expression “specified” is used, the expression, unless the context requires otherwise, means specified in that regulation or local law.

 

POLICY IMPLICATIONS

5.1.11 Events

4.2.12 Trading in Public Places

3.1.20 Traffic Management for Events

 

FINANCIAL IMPLICATIONS

An allocation of $35,000 has been included in the 2015/16 Financial Year Budget for the purposes of delivery of the Chinatown Street Christmas Party and Decorations.

 

RISK

 

A Comprehensive Risk Management Plan and Emergency Procedures Plan are requirements of the applicants Event Application.

 

STRATEGIC IMPLICATIONS

 

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

 

Accessible and safe community spaces

 

Participation in recreational and leisure activity

 

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

 

A 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:

 

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

 

Effective community engagement

 

VOTING REQUIREMENTS

Absolute Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Nominates Carnarvon Street and Dampier Terrace (between Napier Terrace and Short Street) as the focal points for Christmas decorations in Chinatown in 2015

2.       Requests the Chief Executive Officer to work in collaboration with Spirit FM to stage a Christmas Street party on Thursday 3 December 2015, with the Shire’s role to be coordinating traffic management, waste management and cleaning services.

3.       Delegates authority to the Chief Executive Officer to approve the Chinatown Christmas Party to be held on Thursday 3 December 2015 from 17:00 to 21:30 subject to all regulatory and policy requirements being met.

(Absolute Majority Required)

 

Attachments

Nil


Agenda – Ordinary Meeting of Council 26 November 2015                                                                     Page 374 of 375

 

9.2.7      Closure of a Portion of Coghlan Street Road Reserve - Outcome of Public Advertising

LOCATION/ADDRESS:                            Coghlan St

APPLICANT:                                              Nil

FILE:                                                           COG-1/GEN

AUTHOR:                                                   Development and Subdivision Engineer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director of Engineering Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    11 November 2015

 

SUMMARY:         Council previously endorsed the public advertising of the proposed closure of a portion of Coghlan Street road reserve. This closure was required under the Heads of Terms agreement between the Shire of Broome and Pearl Coast Properties.

No submissions were received during the public advertising period, and this report recommends Council endorse the closure of a portion of the Coghlan Street road reserve.

 

BACKGROUND

 

Previous Considerations

 

OMC 26 March 2015                         Item 9.1.2

OMC 27 August 2015                        Item 9.2.3

 

At the Ordinary Meeting of Council held on 26 March 2015, Council resolved the following:

 

That Council:

 

a)  Endorses the attached Heads of Terms for the Broome International Airport Drainage Agreement

b)  Authorises the Shire President and Chief Executive Officer to engross the Heads of Terms for the Broome International Airport Agreement.

 

A Heads of Terms agreement was negotiated between the Shire of Broome and Pearl Coast Properties (PCP) to resolve all outstanding drainage and land tenure issues at Broome International Airport.

 

At the Ordinary Meeting of Council held on 27 August 2015, Council resolved the following;

That Council:

(a)  Notes that under the Heads of Terms Agreement, a portion of the Coghlan Street Road Reserve is required to be closed, sold by Department of Lands to Pearl Coast Properties, and that a drainage easement in favour of the Shire of Broome will be created over the McPherson St Drainage Licence Area.

(b)  Requests the Chief Executive Officer to:-

                   (i)      Advertise a Notice of Motion to close a portion of the Coghlan Street                           road reserve (Area D on Drawing no. D15-003-01) , for 35 days in                                               accordance with Section 58(3) of the Land Administration          Act 1997; and

                   (ii)      Present a report to Council on the outcome of the submissions received                      during the advertising period.

 

COMMENT

                                                   

A Heads of Terms agreement has been engrossed by Pearl Coast Properties (PCP) and the Shire.  In accordance with the agreement, the Shire is to progress road closure actions for a portion of the Coghlan Street road reserve (Area D).

 

Attachment 1: Survey of Area D

 

The road closure action is required as a section of the existing airport security fence and open drain encroaches into the Coghlan Street road reserve by 199m2.  This is referred to as Area D in the Heads of Terms agreement. 

 

Attachment 2: Context Plan – Portion of Coghlan Street Road Reserve to be Closed

 

The encroachment of airport infrastructure into the road reserve does not inhibit Coghlan Street being used as a public thoroughfare.  Therefore, it was agreed in the negotiation of the Heads of Terms agreement to formally close Area D within the Coghlan Street road reserve and facilitate the disposal of Area D to PCP through the Department of Lands.

 

Area D will be excised from the Coghlan Street road reserve and amalgamated into the Pearl Coast Properties parent lot (Lot 9000).  A drainage easement will then be subsequently created over the existing McPherson St drain in favour of the Shire and this will replace the existing drainage licence. 

 

CONSULTATION

 

Department of Lands

Pearl Coast Properties

Water Corporation

Residents of Shire of Broome

 

The proposed road closure was required to be advertised for 35 days under Section 58(3) of the Land Administration Act 1997.  A public notice was placed in the Broome Advertiser on 10 September 2015, and the advertising period ended at 4pm on 16 October 2015.

 

No submissions were received during the public consultation period.

 

STATUTORY ENVIRONMENT

 

Land Administration Act 1997

 

58.     Closing Roads

 

(1)     When a local government wishes a road in its district to be closed permanently, the local government may, subject to subsection (3) request the Minister to close the road.

 

(2)     When a local government resolves to make a request under subsection (1), the local government must in accordance with the regulations prepare and deliver the request to the Minister.

 

(3)     A local government must not resolve to make a request under subsection (1) until a period of 35 days has elapsed from the publication in a newspaper circulating in its district of notice of motion for that resolution, and the local government has considered any objection made to it within that period concerning the proposal set out in that notice.

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

PCP will bear all fees, charges and survey costs related to the closure of a portion of the Coghlan St road reserve.  The cost of purchasing the closed portion of the Coghlan St road reserve (Area D) from the Department of Lands will be borne by PCP.

 

As per the terms of the engrossed Heads of Terms agreement, PCP will grant a drainage easement over the McPherson St Drain free of charge to the Shire.  PCP will also bear all fees, charges and survey costs related to the creation of this drainage easement.

 

RISK

 

If Heads of Term agreement is not actioned and a portion of Coghlan Street road reserve is not closed, the Macpherson Street Drainage License will stay in effect.  As this licence may be terminated by PCP with only one month’s notice, this would result in a costly alternative drainage solution which has a major financial consequence for the Shire.  Whilst it is unlikely that PCP will cancel the licence, the combination of there two factors produces an overall moderate risk to the Shire.

 

The risk to the Shire can be mitigated by the closure of a portion of the Coghlan Street road reserve to facilitate a drainage easement being created in favour of the Shire.

 

STRATEGIC IMPLICATIONS  

 

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

 

Core asset management to optimise Shire’s infrastructure whilst minimising life cycle costs.

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

 

1.       Endorse the closure of a portion of the Coghlan Street road reserve (Area D) as shown in the Attachment to this report.

 

2.       Requests the Chief Executive Officer to:

 

(a)       request the Minister of Lands to proceed with the closure of a portion of the Coghlan Street road reserve(Area D); and

 

(b)       advise the Department of Lands that the Shire has no objection to the closed portion of the road reserve being sold to Pearl Coast Properties, subject to a drainage easement being created over the Macpherson St Drain in favour of the Shire.

 

 

Attachments

1.

Survey of Area D

2.

Context Plan - Portion of Coghlan Street Road Reserve to be Closed

  


Item 9.2.7 - Closure of a Portion of Coghlan Street Road Reserve - Outcome of Public Advertising

Survey of Area D

 

 


Item 9.2.7 - Closure of a Portion of Coghlan Street Road Reserve - Outcome of Public Advertising

Context Plan - Portion of Coghlan Street Road Reserve to be Closed

 

 

 


 

9.3

Our Prosperity

 

clip_image002

 

PRIORITY STATEMENT

 

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

 

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

 

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


Agenda – Ordinary Meeting of Council 26 November 2015                                                                     Page 382 of 383

 

9.3.1      PROPOSAL FOR HOLIDAY PARKS AND CAMPING GROUNDS LEGISLATION
SECOND CONSULTATION

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           ACT11

AUTHOR:                                                   Coordinator Environmental Health 

CONTRIBUTOR/S:                                    Statutory Planning Coordinator

Manager Economic Development

Manager Building Services

Manager Emergency, Health and Ranger Services

RESPONSIBLE OFFICER:                          Director of Development Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    29 October 2015

 

SUMMARY:         The Department of Local Government and Communities (The Department) is currently reviewing the Caravan Parks and Camping Grounds Act 1995 (CPGC Act) with the intention to repeal the Act and develop new legislation.

The Shire of Broome submitted a response to the first round of consultation which was endorsed by Council on the 7 October 2014. In a second consultation, the Shire has been asked to review the proposed options for inclusion in the new Caravan and camping legislation (Attachment 1).

In preparing the DRAFT submission, Officers have considered impacts these changes may have on the Shire of Broome as an organisation, an owner of a caravan park and the potential impacts on Broome as a community. Officers considered concerns raised by Council in the first submission.

Officers recommend Council approve the Shire of Broome’s response for submission to the Department. A copy of the DRAFT submission ‘Proposal for Holiday Parks and Camping Grounds Legislation’ is attached at (Attachment 2) for Councils consideration.

                                            

BACKGROUND

 

Previous Considerations

OMC 7 October 2014         Item 9.3.1

The State Government has proposed to develop new Caravan Parks and Camping Grounds legislation to replace the Caravan Parks and Camping Grounds Act 1995. As part of this process a public consultation review is being conducted.

The review is being led by an interagency advisory group assembled to facilitate the development of a new CPCG ACT and to explore key issues. It is recognised that many stakeholders including consumers, industry, State Government Departments and Local Governments have an interest in the Caravan Parks and Camping Ground legislation.

The objective of the proposed legislation is to provide a framework which is more effective in meeting the needs of consumers, operators and regulating authorities. Consideration has been given to reducing red tape whilst maintaining safeguards to ensure the health and safety of users and operators of caravan and camping grounds.

As part of the review and development process, the Department released an initial consultation paper to invite public comment on how the new Act could operate. In October 2014 the Shire of Broome submitted comments along with 126 others submissions. These submissions can be found on The Department website. Upon review of the submissions, it was identified that the required changes to the legislation were significant and given the extent of these changes, the existing Caravan Parks Act and Regulations would need to be repealed and new legislation would be developed in its place.

A second consultation paper was prepared by the Department proposing a framework for a new caravanning and camping legislation. The new submissions are to be provided by the 30 November 2015.

The purpose of the second consultation is to put forward proposed options for inclusion in new caravan and camping legislation in Western Australia. The objectives to be achieved from developing new legislation are:

·    Clarity in the interpretation of the legislation

·    Provide consistency in the application of the legislation by Local governments and State Government agencies, and

·    Improve flexibility of prescribed requirements for existing and new developments.

Officers  recommend that the Shire of Broome make a submission addressing issues from a regulatory and compliance perspective as well as that of a owner of a caravan park. Comments from the Shire of Broome’s first submission have been considered in the second consultation. Officers involved in preparing the submission include officers from Health, Planning, Building and Economic Development.

The Shire has contacted the Department to ensure a consultation session is undertaken in Broome and has forwarded details of this session to operators to capture the views of Caravan Park owners. The Shire has provided facilities for this to occur.

COMMENT

The Department provided a response form. This form has a series of questions that the Department would like responses to. The feedback form is required to be read in conjunction with the Consultation paper as this outlines issues and considerations for discussion along with the options to be considered and a final recommendation option for feedback. Officers have answered questions considered relevant to the Shire. Some questions posed are considered as being routine or administrative, however following consultation amongst officers the following issues are identified as those that may require consideration by Council.

1. Changes in definitions

A key proposal of the previous consultation was to change the definition of ‘Caravan Park ’to ‘Holiday Park which was supported by 64 per cent of respondents; concerns were raised that it may imply that residential use is not allowed. This was a primary concern in the previous submission by the Shire of Broome. The second consultation clarified that land zoning, local planning schemes and other planning instruments will determine the types of accommodation allowed on a park, with a mix of accommodation types including permanent residents. This may alleviate concerns of the first submission about precluding residential longer than 3 months. The second consultation paper recommends the following option:

“‘Holiday park’ will mean an area of land on which accommodation vehicles and/or tents are situated for habitation, primarily by short-stay occupiers. In accordance with section 2, zoning and local planning schemes will dictate what buildings are allowed on the land.

A park home will no longer be considered a caravan and will instead need to be compliant with and regulated under the Building Act 2011 and associated Regulations. Park homes will now have the added benefit of a stream lined process under the Building Act 2011.

Accordingly, officers are recommending that Council provide feedback to the consultation paper that:

 

A. The change in terminology from caravan park to holiday park is supported, however, the term ‘park home’ is absent from the list of proposed definitions.’ Park home ‘needs to be defined to ensure there is a clear distinction between permanent buildings/structures, caravans, mobile homes, accommodation vehicles and buses.

 

2. Application of the legislation, accommodation type

 

Current provisions of the CPCG Act do not allow the objects of the Act to be met. Different planning policies, zoning, building legislation and the complexities of the Act have created confusion on the legality of placing certain types of accommodation in caravan parks.

Feedback received in the first consultation noted that it should not be the responsibility of the Act to determine what buildings are allowed on land designed for caravans or camping; rather, this should be determined through the planning process. Subsequently, the second consultation recommends the following option:

“A facility that has designated two or more sites for short-stay accommodation vehicles and/or tents requires approval to operate. Residential parks must provide 10 such sites, or a prescribed percentage of the sites, to be eligible for an approval to operate.”

In this proposal a facility means a holiday park or camping ground and an approval to operate would take the place of a licence.

The proposal states residential parks already established on caravan park or tourism zoned land would continue on that land; but proposed new residential park developments would not be able access caravan park or tourism zoned land in the future. Land zoning, local planning schemes and other planning instruments would determine the types of accommodation allowed on a holiday park, likely to be a mix of accommodation types with provision of long term residents forming part of an approved management plan. This addresses concerns raised in the first consultation by the Shire of Broome.

Officers recommend that council provide the following feedback:

 

A.  The Shire supports the change in using an approval process as opposed to a licence.

B.   The Shire supports a percentage as opposed to a particular number of sites as the use of percentage would better capture what is a predominant land use activity. This percentage should be determined by the appropriate Local Government Authority.

 

3. Buildings allowed and converted accommodation vehicles

The proposal states that unless owned by the owner of the facility, any buildings and associated structures on that facility would need to be transportable and compliant with the Building Act. This would include park homes and ensure park homes will still be allowed in Holiday Parks.

The discussion paper outlines that existing converted accommodation vehicles will not be captured retrospectively to comply with The Building Code of Australia (BCA) provisions but basic safety standards will apply as per the recommendation.

Shire of Broome officers have raised concerns on the practicality and achievability for new accommodation vehicles to be assessed as an entire structure and approved under the Building Act as a habitable building while remaining as a transportable building.

Transportable or demountable type buildings such as park homes are structures that are manufactured in a factory under a suitable quality assurance process that ensures Building Act requirements are met. This is particularly relevant for cyclone prone regions where a suitable structural tie down system needs to be incorporated into the design. However, vehicles are not permanent buildings and are constructed according to separate standards, applying BCA requirements to new converted accommodation vehicles is not appropriate and is impracticable. 

Apart from temporary facilities on a building site (site office, storage and ablutions) or temporary structures proposed to be located no longer than one month on site, the WA Building Act, Regs & BCA only applies to permanent buildings and structures.

It would be highly unlikely to achieve this particularly in cyclonic region. Notwithstanding this, there are some provisions in the BCA that could be developed as suitable standard/guidelines for converted accommodation vehicles.                                               

Accordingly, officers are recommending that Council provide feedback to the consultation paper that:

 

A.  Supports that the legislation is not applied retrospectively to existing converted accommodation vehicles; however, basic minimum standards such as smoke detectors and RCDs are fitted within 12 months or earlier when converted accommodation is being sold, rented, leased or hired out.

B.   Whilst it supports all accommodation vehicles and new park homes on sites to be constructed as transportable buildings, it is not deemed practical that proposed converted accommodation vehicles (while remaining a transportable building) will be able to comply with the BCA as a habitable building especially in cyclonic areas.  Council would require specific guidance material to be developed to assist in the assessment of converted accommodation vehicles under the BCA should this be an outcome of the review.

C.  While rigid structures such as hard annexes attached to accommodation vehicles such as caravan and buses can reasonably be assessed under BCA, the vehicle itself cannot.

D.  Supports that non converted accommodation vehicles in holiday parks to which the BCA does not apply should be licensed under the Road Traffic Act 1974 to allow evacuation if required. That industry standards/ guidelines for tying down these in cyclonic regions be further developed with the intention to apply where evacuation is not to occur.

 4.Camping at a place other than approved facility

Under the Caravan Parks Regulations, a person may camp for up to three nights in any period of 28 consecutive days on land with the approval of the owner. To camp for longer than this period of time, approval must be sought. Such approval can be granted by the local government for up to three months or by the Minister for Local Government (the Minister) for longer than three months and up to 12 months.

The Shire of Broome policy 4.2.10 (Approval to camp up to 3 months in areas other than caravan parks & camping grounds) provides guidance in the application of the Regulations. Officers continue to support this policy including the need of a request by the applicant to the State Minister for an extension after 3 months. This also reduces the lengthy administrative process to go to SAT with requests of renewal.

The Shire of Broome could continue to support applications for extension over 3 months by providing letters of support to the Minister where appropriate. This would provide a level of flexibility across regional and urban areas to allow for local conditions.

The consultation paper proposes Local governments can grant unlimited approvals to the landowner to offer a campsite for an accommodation vehicle and/or tent for up to 3 months at the time subject to appropriate consultation and risk assessment.

 

Accordingly, officers recommend that council provide the following feedback:

 

A. Whilst it supports that Local Governments can grant approval to camp outside of an approved facility, it does not support the approval for more than 3 months by Local Government. The Shire of Broome recommends the status quo is maintained and requests to camp more than 3 months are determined by the Minister.

5. Licensing regime

1.   Variety of licence categories and their standards

The Caravan Park Regulations currently provide for seven licence categories. These are: Caravan park licence; Camping ground licence; Caravan park and camping ground licence; Park home park licence; Transit park licence (stay of no longer than three consecutive nights);Nature based park licence, and Temporary licence.

With evolving mixed-use facilities, the existing licence types may not reflect the actual accommodation being provided at each facility. It has been noted that there are difficulties in distinguishing between categories, particularly between natures based parks and transit parks, which may create some confusion and inconsistency in the application of the legislation. The second consultation noted these challenges and proposes four different options with new categories. Officers see some benefits in each option.

Due to the varying nature of use, camping experience and ability to provide a set level of amenities each category should be treated with their own separate set of minimum requirements. Officers support 3 levels of categories: holiday parks, nature based and events approval but do not support operating all three under the same set of standards.

Holiday park approval would be for facilities providing a range of accommodation whereas a nature based park approval would be for minimal facilities in a non built up area. A nature based site without running potable water could not be expected to provide showering facilities or laundering facilities, whilst a Holiday park would have these as a basic standard. For these reasons a combination of the presented option (ii) and (iv) is supported by officers. Have 3 categories: holiday park, nature based and events approvals but with a set of minimum standards for each category. This would be an improvement to current categories while providing clarification between Holiday park and Nature base facilitating assessment from a Local Government perspective.

Event approvals on the same property should not be limited to 4 per year. This decision should be left for each Council to address according to regional needs. Some towns might have a limited number of suitable properties to be used for events and if only 4 approvals could be granted this could be exhausted in peak season and therefore would limit potential activity during the shoulder season.            

Accordingly, officers are recommending that council provide feedback to the consultation paper that:

 

A. Whilst it supports three categories Holiday Park, Nature Based and Events approvals, it does not support them to operate under one set of minimum standards. It supports each approval category to have its own set of minimum standards.

B. Whilst it supports events as an approval category that cannot be issued for any period greater than seven days , it does not support limits to 4 approvals per year.

 

2.   Management plan

The discussion paper proposed the introduction of management plans. These plans would be prepared to document essential details on how a facility is to be designed and managed and the type of facilities to be provided. The plan should outline how the operator will meet the minimum standards for a category and address any risks specific to that facility.

In the first consultation, feedback was sought on whether management plans would be a suitable model for licensing facilities and overall, 78 per cent of respondents were supportive of the introduction of management plans. Adverse feedback received related to the financial impact the development of the plans may have. The Shire of Broome also raised concerns in the first consultation over the nature and extent of the functionality of the document.

Generally, guidance material for nature based park management plans available is broad and lacking technical guidance leaving the applicant with little technical evidence to support their application. The lack of specific skills and experience of nature base applicants in preparing management plans has the potential to lead to application of poor quality.

The quality of the application and management plan is critical and therefore should have more detailed guidelines to assist and streamline preparation of such plans and assessment by Local Government.

Furthermore, to prevent confusion for the applicant, a different set of standards for each category with a specific template should be used as opposed to requiring operators to propose how they can meet a minimum set of standards. The management plan should not be used as a tool to vary the minimum set of standard of a category.

Small facilities might be less financially able to obtain specialist advice and this highlights the importance of creating clear guideline documents, examples and templates that are clear and request specific information based on each category.

Accordingly, officers are recommending that council provide feedback to the consultation paper

 

A. That whilst it supports the use of management plan to form part of an application of an approval, further guidance material should be available to assist operators to determine which category of approval they would need to apply for and what supporting information they need to include in their application.

 

CONSULTATION

 

Nil

 

STATUTORY ENVIRONMENT

 

Changes are being considered to the Caravan parks and Camping Grounds Act 1995

Reference is also made to the Building Act 2011, Traffic Act 1974, Health Act 1911 and Food Act 2008

 

POLICY IMPLICATIONS

 

Shire of Broome Policy 4.2.8 Buildings on Caravan Parks

Shire of Broome Policy 4.2.9 Caravan Parks and Camping Grounds Maximum number of sites of a particular type that may be used at a facility.

Shire of Broome Policy 4.1.10 Tourist Accommodation Developments (Excluding caravan parks) within the tourist zone

 

FINANCIAL IMPLICATIONS

 

Nil

 

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:

 

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

 

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

 

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

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council endorses the submission  attached as Attachment 2 and requests the Chief Executive Officer to lodge the submission on the Consultation Paper prepared by the Department of Local Government and Communities on the Proposal for Caravan Parks and Camping Grounds legislation.

 

 

Attachments

1.

Proposal for Holiday Parks & Camping Grounds Legislation

2.

Submission Proposal for Holiday Parks and Camping Grounds Legislation

  


Item 9.3.1 - PROPOSAL FOR HOLIDAY PARKS AND CAMPING GROUNDS LEGISLATION

SECOND CONSULTATION

Proposal for Holiday Parks & Camping Grounds Legislation

 

 

Myriad graphicConsultation Paper

Proposal for Holiday Parks
and Camping Grounds Legislation

Myriad graphicSecond Consultation – August 2015

Consultation Paper
Proposal for Holiday Parks and Camping Grounds Legislation – Second Consultation

28 August 2015

Prepared by:

Department of Local Government and Communities

Gordon Stephenson House

140 William Street

PERTH 6000

GPO Box R1250

PERTH WA 6844

Telephone: (08) 6551 8700

Fax: (08) 6552 1555

Freecall (Country Only): 1800 620 511

Email: caravan@dlgc.wa.gov.au 

Website: www.dlgc.wa.gov.au/CPCG-Consultation-Paper-2/

All or part of this document may be copied. Due recognition of the source would be appreciated.

Translating and Interpreting Service (TIS) telephone: 13 14 50

Disclaimer: Although every care has been taken to ensure accuracy in the preparation of this paper, the information has been produced as general guidance for persons wishing to make submissions to the review. The contents of the paper do not constitute legal advice or legal information and they do not constitute government policy. This paper should not be used as a substitute for a related act or professional advice.

This publication is free. The Department of Local Government and Communities has no objection to copying all or part of this document. Due recognition of the source would be appreciated.


 

Contents

Executive Summary. 4

Introduction. 6

1.... Structure of the Paper 7

2.... Effect of Proposed Amendments on Permanent Park Residents. 7

3.... Rationale for Proposed Development of New Legislation. 7

4.... Terminology and Definitions. 9

5.... What Will the Legislation Apply To?. 12

5.1..... Application of the legislation to facilities. 12

5.2..... Camping at a place other than an approved facility. 18

5.3..... State government and local government facilities. 24

5.4..... What will not be covered by the proposed legislation. 29

6.... Licencing of Facilities. 30

7.... Licence Categories. 35

8.... Conditions for Approval to Operate. 41

9.... Penalties. 46

10.. Prerequisites of Accommodation Vehicles. 49

11.. Advisory Committee. 53

12.. Transitional Provisions. 56

12.1... Holiday parks and camping grounds. 56

12.2... Converted accommodation vehicles. 59

14.. Regulations. 64

Appendix 1. 65

Summary of proposed options and suggested provisions. 65

Appendix 2. 73

 

Acronyms

Caravan Parks Act                               Caravan Parks and Camping Grounds Act 1995

Caravan Parks Regulations                 Caravan Parks and Camping Grounds         Regulations 1997

Building Act                                          Building Act 2011

The Minister                                          Minister for Local Government

Road Traffic Act                                   Road Traffic Act 1974

Food Act                                               Food Act 2008

SAT                                                      State Administrative Tribunal


Item 9.3.1 - PROPOSAL FOR HOLIDAY PARKS AND CAMPING GROUNDS LEGISLATION

SECOND CONSULTATION

Proposal for Holiday Parks & Camping Grounds Legislation

 

 

Executive Summary

The purpose of this paper is to put forward proposed options for inclusion in new caravan and camping legislation in Western Australia. The objectives to be achieved from developing new legislation are as follows:

·    Clarity in the interpretation of the legislation

·    Consistency in the application of the legislation by local governments and state government agencies, and

·    Flexibility of prescribed requirements for existing and new developments.

The responses to the first Consultation Paper have identified that the necessary changes to the legislation are significant. Given the extent of the changes necessary, it is intended that the existing Caravan Parks Act and Regulations be repealed, and new legislation be developed in their place.

The paper proposes a raft of recommendations to achieve the objectives. These recommendations are:

1.   That the current Caravan Parks Act and Regulations are repealed and a new Act and Regulations are developed in their place. 

2.   A facility that has designated two or more sites for short-stay accommodation vehicles and/or tents requires approval to operate. Sites predominantly for the purpose of long-term residence, such as park home parks, must provide at least 10 designated short-stay campsites for accommodation vehicles and/or tents, or a prescribed percentage of such sites, to be eligible for an approval to operate. 

3.   Any person making available a campsite for an accommodation vehicle and/or tent will need approval if it will be available for use for any more than three nights in any 28 day period.

4.   An emphasis will be placed on the development of management plans that address the operator’s target market.

5.   Unless it is owned by the landowner, any building on a facility must be, and remain at all times, transportable.

6.   Any permanent structure on a facility that is not registered under the Road Traffic Act is to be assessed as a building.

7.   A set of minimum standards will apply to all facilities operating under the Caravan Parks Act.

8.   The Caravan Parks and Camping Grounds Advisory Committee will be abolished in favour of consultation with relevant stakeholders.

9.   All penalties will be increased.

10. Transitional arrangements will be put in place for existing facilities and vehicles.

The department is seeking submissions on the proposed recommendations presented in this consultation paper. A summary of the proposed recommendations, including suggested provisions and options for implementation, can be found at Appendix 1 to this paper.

Submissions close on 30 November 2015.


 

Introduction

The state government is undertaking a review of the Caravan Parks and Camping Grounds Act 1995 (Caravan Parks Act) with a view to developing new legislation which provides a clear framework for operators, regulating authorities and users. In 2009 the Economics and Industry Standing Committee (EISC) conducted an inquiry into the caravan park and camping ground industry in Western Australia.

The EISC reports are available on the Parliament website, which can be found at www.parliament.wa.gov.au/parliament/commit.nsf/WebReportsByName. Following that inquiry, a group of government agencies developed the Western Australian Caravan and Camping Action Plan 2013-2018, with the goal of improving the supply, delivery and promotion of caravan and camping experiences through the implementation of 11 recommendations. This review is a response to Recommendation 1 of the Action Plan, which is that the Caravan Parks Act and Regulations be reviewed. The full Action Plan can be viewed on the Tourism WA website at www.tourism.wa.gov.au/Industry/Infrastructure_Growth/Caravan-Camping/Pages/Action-Plan-Strategy.aspx.

Since the introduction of the Caravan Parks Act, there have been significant changes to the industry, together with a desire for legislation that would reduce red tape and allow operators more flexibility. As one of the key objects of the legislation is to protect the health and safety of users and the environment, the review has focused on these aspects. Consideration of these factors, along with the overall objectives of the review, has guided the development of the options and proposed recommendations.

A first Consultation Paper was released by the department in May 2014 for public comment. The consultation period ended on 1 September 2014 and more than 120 submissions were received. Respondents were from a range of stakeholder groups, including caravan park and camping ground users, local governments, park operators, peak bodies and state government agencies. A breakdown of feedback received by stakeholder group can be found at Appendix 2 to this paper. The feedback received in response to the first Consultation Paper has been used to inform the development of options in this second paper. Reference is made to the general content of feedback throughout this paper. The first Consultation Paper, and submissions received in response, can be found on the department’s website at www.dlgc.wa.gov.au/CPCG-Consultation-Paper.  


 

1.   Structure of the Paper

This paper is divided into a number of parts dealing with the key themes of proposed items for inclusion in the new Caravan Parks Act. The document outlines the relevant background information for each topic and recommends the option considered most appropriate to address the specific issue, along with other key options considered. Where possible, the benefits, potential costs and other impacts that may flow from the recommended options have been identified.

Feedback received through consultation undertaken in 2014 has been analysed and has assisted in forming the options and recommendations presented in this paper.

Please note the detailed mechanics of implementation and operation does not form part of this paper; however, feedback on these areas is welcome during the consultation period. Where possible, suggested means of implementation have been identified and included in this paper (see Appendix 1). Guidance questions at the end of each section seek comment on suggested implementation methods, as well as on general matters. This will be taken into account in the review of the regulations.

2.   Effect of Proposed Amendments on Permanent Park Residents

Feedback received in the previous round of consultation highlighted concerns that the new Caravan Parks Act may have significant impacts on current permanent residents in caravan parks.

Sections 10 and 12 address proposed amendments to converted accommodation vehicles, including recommended transitional provisions to implement the legislation.

3.   Rationale for Proposed Development of
New Legislation

The Caravan Parks Act is the overarching legislative framework binding park operators, regulating authorities and consumers to ensure the health and safety of users of caravan parks and camping grounds.

Since the Caravan Parks Act took effect in 1997, no substantial amendments have been made. The result is that some provisions are no longer relevant to the current market or consumer expectations. In addition to being overly prescriptive, regulatory failure has resulted in the legislation being applied inconsistently by local governments. As a result of the feedback received on the recommendations proposed in the first Consultation Paper and the significant nature of the changes required to the Act, it has been determined that the existing Caravan Parks Act should be repealed and a new Act developed to replace it.

The new legislation will aim to provide a more flexible operating environment, which will provide more opportunities for operators and greater choice for consumers. This should allow operators to more readily respond to specific market segments which drive this aspect of the tourism industry.

The intention of this review is to develop a new Caravan Parks Act which will improve the following:

·    Interpretation of the legislation

·    Consistency in the application of the legislation by local governments and state government agencies, and

·    Flexibility of prescribed requirements for existing and new developments.

The key principles that have guided the review and development of the options for the new regulatory framework are to:

·    Protect the health and safety of users and lower the environmental risk as a result of caravan parks and camping grounds

·    Introduce a minimalist regulatory approach to reduce red tape while continuing to manage the risks associated with the operation of facilities

·    Allow for a sustainable, market-driven approach to product mix and park design

·    Provide a flexible operating environment to meet the changing needs and expectations of users of facilities, and

·    Promote a consistent approach to administration and enforcement of the legislation across the state.

Consideration of the above principles has driven the recommended options presented in this paper.

·   

Recommendation:

·    That the existing Caravan Parks and Camping Grounds Act 1995 and Regulations be repealed and a new Holiday Parks and Camping Grounds Act and Regulations be developed to replace them. 

4.   Terminology and Definitions

Before consideration is given to addressing the range of issues to be dealt with in the new legislation, the current terminology needs to be reviewed. It is important that the definitions and terminology are appropriate given the context of today’s tourism environment, particularly since caravan parks have evolved to cater for a large variety of travellers, including the provision of cabins and chalets, not just campsites. Contemporary usage of the term ‘caravan’ has also evolved, with trailers, recreational vehicles and buses all being used for accommodation. The term ‘caravan park’ is therefore no longer reflective of modern facilities.

Issues

The issue is that the current terminology and definitions used in the Caravan Parks Act and Regulations are not reflective of the different accommodation types and services provided for users and occupiers of caravan parks and camping grounds.

Objective

The objective is to clarify and update terminology so it is reflective of the diverse nature of accommodation types and facilities and will remain applicable into the future.

Consultation feedback

Previous consultation proposed a raft of changes to the terminology currently used throughout the Caravan Parks Act and Regulations. A key proposal was to change the definition of ‘caravan park’ to ‘holiday park’, with the view that this term more accurately reflected the different types of accommodation provided by a facility.

Of the submissions received, 64 per cent were supportive of the term ‘holiday park’; however, concern was noted that it may imply that residential use is not allowed.

Changes to other terminology were uniformly supported.

Options

(i)         Status quo

This option proposes that terms defined under the Caravan Parks Act and Regulations will not change.

Some of the definitions worth noting include:

‘camp’ means any portable shed or hut, tent or tent fly, awning, blind or other portable thing used as or capable of being used for habitation and includes a vehicle of a prescribed type or in prescribed circumstances.

‘caravan’ means a vehicle that is fitted or designed for habitation, and unless the contrary intention appears, includes an annexe.

‘caravan park’ means an area of land on which caravans, or caravans and camps, are situated for habitation.

‘vehicle’ means a conveyance (other than a train, vessel or aircraft) capable of being propelled or drawn on wheels.

(ii)        Update definitions to reflect current terminology

This option proposes that some definitions are changed to more appropriately reflect terminology which encompasses the range of accommodation types that may be provided under the legislation.

If this option is preferred, it is suggested that the following definitions are adopted:

·    ‘Holiday park’ will mean an area of land on which accommodation vehicles and/or tents are situated for habitation, primarily by short-stay occupiers. In accordance with section 2, zoning and local planning schemes will dictate what buildings are allowed on the land.

·    ‘Accommodation vehicle’ is the term used to reflect all types of vehicles used or capable of being used for habitation. This includes caravans and campervans.

·    ‘Vehicle’ is any vehicle as defined under the Road Traffic (Administration) Act 2008.  The current definition is:

·    vehicle includes —

     (a) every conveyance, not being a train, vessel or aircraft, and every object capable of being propelled or drawn, on wheels or tracks, by any means, and  

     (b) where the context permits, an animal being driven or ridden.

·    ‘Facility’ will mean a holiday park or camping ground.

·    ‘Camp’ (noun) will be replaced by ‘tent’ to mean any portable tent which, apart from any rigid support frame, has walls and a roof of canvas or other flexible material.

·    ‘Camp’ (verb) will mean to stay or lodge in a tent, or other accommodation vehicle. This definition will be based on the definition in the Conservation and Land Management Regulations 2002.

·    The legislation is to be titled the Holiday Parks and Camping Grounds Act.

This option is not expected to have a significant impact on users, local governments or private operators.

Discussion

Option (ii) proposes a change in a number of definitions to bring the terminology into line with current practices and recognise the mixed uses of caravan parks and camping grounds.

The reason for the proposed change in terminology from ‘caravans’ to ‘accommodation vehicles’ is because ‘caravan’ does not capture the range of vehicles that may be used for habitation, including buses, campervans, caravans and recreational vehicles (RVs).

A park home will no longer be considered to be a caravan and will instead need to be compliant with, and be regulated under, the Building Act 2011 and associated Regulations.

It is proposed to replace the term ‘caravan park’ with ‘holiday park’. Caravan parks and camping grounds have the primary intention of being for short-stay occupiers and to encourage tourism. As part of encouraging tourism, operators should consider providing a range of accommodation types to suit a variety of tourists and budgets. Parks today are much more than places where only caravans are located and the Caravan Parks Act and Regulations should reflect this.

Whilst the term ‘holiday park’ may imply that residential use is not allowed, this will not be the case. Residential use will continue to be permitted, subject to zoning and local planning schemes.

It is not expected that a change in terminology to the term ‘holiday park’ will affect the marketing of facilities, as operators have previously, and will continue to be able to, title their facilities as they see fit. Therefore, there will be no financial impact on operators as a result of option (ii).

As it is proposed to develop a new Act rather than amend the existing one, it is important to ensure that terminology and definitions are reviewed and updated and, as much as possible, will remain relevant into the future, which is why option (ii) is recommended.

Where appropriate, this paper will refer to the definitions proposed in option (ii).

Recommendation

·    Option (ii)      Update definitions to reflect current terminology.

 

Guidance questions

·    Question 1:   Are there any additional definitions or terms that should be updated as part of the review? What are they?

·    Question 2:   Do you support the proposed changes to the terminology? Why or why not?

·    Question 3:   Can you identify any significant costs or benefits that would result from a change in terminology? What are they?

5.   What Will the Legislation Apply To?

5.1 Application of the legislation to facilities

Since the Caravan Parks Act took effect in 1997, there have been substantial changes to traditional caravan parks and what is required by users of these facilities. Caravan parks and camping grounds have evolved in recent years towards being mixed-use, including for residential and higher tourism use. Nature based parks are also being established which offer a range of facilities, from lower level basic facilities to higher end luxury safari camps.

Issues

The issue is that the current provisions have resulted in anomalies that do not allow the objects of the Caravan Parks Act to be met. Different planning policies, zoning, building legislation and the complexities of the Caravan Parks Act have created confusion on the legality of placing certain types of accommodation in caravan parks.

A specific example of the complexities is that the current definition of ‘caravan’ includes ‘park homes’. This has meant that land which should be used to improve and promote caravanning and camping (in accordance with the objects of the Caravan Parks Act) has been available for the development of residential, long-stay park home parks. Long-term use will continue to be permitted in holiday parks under the new legislation. 

Objective

The objective is to ensure that the scope of the Caravan Parks Act is appropriate for the needs of the industry and provides protection to both users and the environment now and into the future.

Consultation feedback

In the first round of consultation, it was proposed that the new legislation should focus on holiday parks and relevant holiday accommodation, rather than long-stay park home parks. It was also proposed that park homes and rigid annexes should be regulated under the Building Act rather than the Caravan Parks Act.

Approximately 68 per cent of submissions supported the proposal for park home parks to be recognised as residential developments rather than holiday parks. Most submissions also supported park homes coming under the jurisdiction of the Building Act, although it was noted that park home owners could lose their park homes if the homes were treated as fixtures if a facility goes into receivership. While these concerns are noted, the new legislation is not expected to change how park homes are treated in these circumstances. Security of tenure in long-stay parks is regulated by the Residential Parks (Long-Stay Tenants) Act 2006. That Act is currently being reviewed by the Department of Commerce – Consumer Protection. Documentation related to the review of that Act can be accessed on the Department of Commerce’s website at www.commerce.wa.gov.au/consumer-protection/residential-parks-review-2012.  

Feedback received noted that it should not be the responsibility of the Caravan Parks Act to determine what buildings are allowed on land designed for caravans or camping; rather, this should be determined through the planning process. This is consistent with the objects of the Review, which include increased flexibility for operators.

Options

(i)         Status quo

This option proposes no changes to what is covered under the existing legislation.

In accordance with the Caravan Parks Act, a facility, which means a caravan park or camping ground, cannot operate without a licence.

Under the current Caravan Park Regulations, a park home is considered a caravan, enabling park home parks to be established on caravan park land. Park homes are allowed on a licensed caravan park, but chalets and/or cottages are not.

Stopping on the road in roadside rest areas for up to 24 hours will continue to be permitted under other legislation. The management of roadside rest areas is discussed further in this paper at Section 5.

(ii)        A facility that has designated two or more sites for short-stay accommodation vehicles and/or tents requires approval to operate. Residential parks must provide 10 such sites, or a prescribed percentage of such sites, to be eligible for an approval to operate

This option proposes that for the purpose of simplifying when the legislation applies, if a facility has two or more sites designated for short-stay accommodation vehicles and/or tents, the facility would be considered a holiday park and an approval to operate would be required.[1] An approval to operate would take the place of a licence. Park home parks and other residential developments consisting mostly of park homes for the purpose of long term residential living, which do not provide at least 10 designated short-stay sites for tents and/or accommodation vehicles, will not be considered holiday parks for the purposes of the Caravan Parks Act. Alternatively, a required percentage of sites must be designated for short-stay accommodation vehicles and/or tents for a residential park home park to qualify for an approval to operate under the Caravan Parks Act.

It is proposed that holiday parks and camping grounds would have to obtain an approval to operate (in the form of a certificate which must be publically displayed in the office – this is addressed under Section 6), and prepare a management plan (addressed under Section 8). The legislation will not specify the mix of accommodation allowed on the facility; rather, it will focus on the health and safety of users and protecting the environment. The approval of buildings provided on a facility will be determined through the planning process. The mix of accommodation will be a matter for local planning schemes and regulated at the local government level.

This option also proposes that all buildings on a facility, including transportable buildings, must be compliant with the Building Act, and would therefore be regulated under that Act rather than captured by the Caravan Parks Act. This includes accommodation vehicles which have been converted into buildings for the purposes of permanent habitation (refer to Section 10).

If this option is preferred, it is suggested that the following provisions are adopted:

·    Any facility that provides two or more sites designated for accommodation vehicles and/or tents requires an approval to operate

·    Any residential development consisting mostly of park homes for the purposes of long-term residential living must provide 10 designated sites for short-stay accommodation vehicles and/or tents, or a prescribed percentage of such sites, to be eligible for an approval to operate

·    Residential parks already established on caravan park or tourism zoned land will continue on that land; however, proposed new residential park developments should not access caravan park or tourism zoned land in the future

·    Land zoning, local planning schemes and other planning instruments will determine the types of accommodation allowed on a park, with the mix of accommodation types forming part of the approved management plan (see Section 8)

·    Unless owned by the owner of the facility, any buildings and associated structures on that facility must be transportable

·    All buildings, including transportable buildings, must be compliant with the Building Act, and

·    Park homes are to be treated as buildings under the Building Act and must comply with the relevant provisions of that Act. Park homes will no longer be considered caravans or captured under the Caravans Act.

Discussion

Under the current Caravan Parks Act, there are a range of provisions which do not appear to align with its objects, including to promote caravanning and camping and to protect the health and safety of users. If option (i), to maintain the status quo, is adopted, it will allow these inconsistencies to continue. This includes allowing park home parks to be built on caravan park-zoned land, which should be used for the purposes of encouraging caravanning and camping through the provision of caravan parks. Additionally, in accordance with the current legislation, park homes are required to have wheels, which are an unnecessary and costly impost to builders when there is never an intention for them to be readily moved. Nor is there an identifiable added safety benefit in making park homes transportable.

The overarching principle of option (ii) proposes an entirely different set of guidelines to support holiday parks and camping grounds. The general principle is that any facility making available two or more campsites for accommodation vehicles and/or tents requires an approval to operate. If a park home park facility, such as a development consisting predominantly of park homes for the purposes of residential living, does not provide 10 or more short-stay sites for accommodation vehicles and/or tents, then it is not classed as a holiday park under the Caravan Parks Act. It may also be an option for the legislation to prescribe a set percentage of sites be designated for short-stay accommodation vehicles and/or tents rather than a set figure. Prescribing a percentage of sites relative to the size of the facility may be more flexible for the range of different facilities provided across the state. Alternatively, if a smaller facility, such as a farm stay, wished to provide short-stay camp sites and provided two such sites, it would be captured under the legislation and have to comply with the minimum standards. This option would create a simple framework which easily allows facilities to determine if they need to be approved under this legislation. It also ensures that people staying in temporary accommodation that is not a building have health and safety protection.

Option (ii) also proposes that anything on a facility that is not a licensed vehicle or tent must be compliant with the Building Act. The Building Act already contains provisions applicable to transportable buildings, and therefore it is appropriate for these buildings to be captured under those existing provisions rather than requiring potentially onerous and expensive retroactive changes to such buildings in order to make them compliant with the Caravan Parks Act.

As owners of buildings in a park (other than the park owner) have no rights to the land on which they are located, these buildings will be required to be transportable and remain transportable. This protects the asset and title of the owner, allowing them to be relocated if the park closes or is redeveloped. The owner of a facility will be able to provide a flexible range of accommodation types subject to planning requirements and their approved management plan.

A significant impact as a result of option (ii) is that park home park developers will lose the ability to access land zoned for caravan parks. Although it is ultimately a decision for each local government to allow park home park developers access to caravan park and tourism zoned land (provided such use is consistent with the local planning scheme), such use of the land should be discouraged. The argument is that these parks provide a low cost accommodation solution. However, the object of the Caravan Parks Act is not to provide low cost accommodation options, but to encourage caravanning and camping. Option (ii) will address this. The availability and zoning of low cost land for these developments should be addressed by alternative means, but is not within the scope of this review. Parks intended primarily for long-stay, residential or non-tourism purposes should be accessing land zoned for Special Use – Park Home Park.

It is important to note that under option (ii), existing park home parks would remain on the land they are already established on, regardless of the zoning discrepancy. However, proposed new park home park developments should no longer be able to access caravan park or tourism zoned land in the future. If option (ii) were adopted and park home parks were no longer captured by the Caravan Parks Act, this would apply to existing and potential new developments. Given that park homes are likely to be seen to be ‘buildings’, subject to the removal of the current ‘park home’ exemption in the Building Regulations, they would require a building permit under the Building Act. It is expected that, for the purpose of ensuring compliance with the Building Code of Australia, future buildings located in park home park developments going forward could be assessed and regulated under the Building Act rather than the Caravan Parks Act.

To ensure that the Caravan Parks Act encourages and supports caravanning and camping in Western Australia, it is recommended that option (ii) is adopted. The new legislation will focus on protecting the health and safety of users and the environment, and address the interaction between these users and other accommodation types provided on a facility.

Recommendation

·    Option (ii)      A facility that has designated two or more sites for short-stay accommodation vehicles and/or tents requires approval to operate. Residential parks must provide 10 such sites, or a prescribed percentage of the sites, to be eligible for an approval to operate.

 

Guidance questions

·    Question 4:   Are there any circumstances where this recommendation will not capture facilities that should be licenced? Please provide examples.

·    Question 5:   Is it appropriate for residential park home park developments to be regulated under the Building Act and Code rather than the Caravan Parks Act? Why or why not?

·    Question 6:   Do you agree that a residential park home park must provide a set number (for example, 10) of designated short-stay sites to be eligible for an approval to operate under the Caravan Parks Act? Why or why not?

·    Question 7:   Should residential park home parks instead set aside a prescribed percentage of the facility for short-stay use? What should that percentage be?

·    Question 8:   Can you identify any additional costs or benefits arising from this option? What are they?

5.2 Camping at a place other than an approved facility

It is a requirement under the Caravan Parks Act that a facility making available sites for accommodation vehicles and/or tents is approved; however, there are circumstances where camping also occurs on land outside of a recognised facility (such as on private property).

Under the Caravan Parks Regulations, a person may camp for up to three nights in any period of 28 consecutive days on land with the approval of the owner. To camp for longer than this period of time, approval must be sought. Such approval can be granted by the local government for up to three months or the Minister for Local Government (the Minister) for longer than three months.

 

 

Issues

It is important to acknowledge that people camp on private property for a range of reasons and for different lengths of time. In addition to potentially disturbing neighbours, camping of this type may have a significant impact on the environment and the health and safety of the campers may not be assured, especially if there is limited access to necessary health and hygiene facilities such as toilets, water or dump points.

One significant area of demand is the requests to camp for extended periods of time outside holiday parks due to land owners needing accommodation on their property while they are building a home. This is particularly prevalent in rural and remote areas where local accommodation options are limited and there is a need to supervise or personally undertake the building work.

Objective

The objective is to ensure the health and safety of people who are staying in accommodation vehicles and/or tents outside of approved facilities.

Consultation feedback

No consultation has been undertaken on this matter.

Options

(i)         Status quo

Under this option, a person is allowed to camp on land outside of a holiday park or camping ground for three nights in any 28 day period if they have the approval of the land owner. For periods greater than this length of stay, a local government may grant an application for up to three months, or for longer periods, the Minister may grant approval.

(ii)        Local governments can grant unlimited approvals to the landowner to offer a campsite for an accommodation vehicle and/or tent for up to three months at a time subject to appropriate consultation and risk assessment

Under this option, it is proposed that if a person wants to camp outside of an approved holiday park or camping ground (for example, on private property) for any period greater than three nights in any 28 days, approval can be sought from the local government. Approval will also be required if a landowner intends to make their property available to campers for more than three nights in any 28 day period.

This option is not intended to allow for multiple accommodation vehicles and/or tents to camp outside of holiday parks or camping grounds. It is proposed that allowing more than one accommodation vehicle and/or tent on a site would require a different class of approval to operate – this would be known as an event approval. This is discussed further at Section 7.

A local government will be able to grant an approval for up to three months at a time, subject to consultation with any affected neighbours and a thorough risk assessment of the conditions. Consideration will also need to be given to the feasibility of staying in an approved facility rather than camping outside of one.

Applications must be submitted by the landowner, who will need to prepare a simplified management plan to address basic health and safety concerns, including access to water, waste management and reducing the environmental impact of the stay (refer to Section 8 for more information on management plans). Applications will need to be accompanied by a fee to cover the administration and inspection cost involved.

It is proposed that local governments can grant unlimited renewals; however, each renewal will require a complete review of the circumstances. If a local government refuses an application, the applicant will be able to appeal directly to the State Administrative Tribunal (SAT).

If this option is preferred, it is suggested that the following provisions are adopted:

·    A person may camp for up to three nights in any 28 day period on land where the landowner has given permission

·    A landowner may apply to the local government seeking approval for a person to camp longer than three nights but not more than three months. This includes if the intention is to make their property available for more than three nights in any 28 day period

·    Applications will need to be accompanied by a prescribed fee

·    Only one accommodation vehicle and/or tent is allowed on the property at any time without an event approval

·    A local government must consult with the affected neighbours, consider the health and safety of users, impact on the environment and feasibility of staying in an approved facility before an approval can be granted

·    A local government can continue to renew an approval; however, a full assessment is required with each renewal

·    A management plan must be submitted with each application which addresses basic health and safety concerns, including waste management and access to water, and

·    If a local government refuses an application, the applicant can appeal to the SAT.

(iii)       Local governments can grant approval to camp up to three months at a time subject to appropriate consultation and risk assessment. An extension can only be approved four times, following which a request for approval may be made to the Minister or CEO of the department

This option is similar to option (ii); however, it provides that a local government can only approve an application four times, following which an application can be made to the Minister, or CEO of the department, for a further extension. This would effectively allow a person to camp for up to 12 months at a time before Ministerial or departmental approval is required.

It is expected that 12 months is a sufficient period of time in the majority of cases and that Ministerial or departmental approval would only be necessary in exceptional circumstances.

If this option is preferred, it is suggested that the following provisions are adopted:

·    A person may camp for up to three nights in any 28 day period on land where the owner has given permission

·    A landowner may apply to the local government seeking approval for a person to camp for longer than three nights but not more than three months. This includes if the intention is to make their property available for more than three nights in any 28 day period

·    Applications will be accompanied by a prescribed fee

·    Only one accommodation vehicle and/or tent is allowed on the property at any time without an event approval

·    A local government must consult with the affected neighbours, consider the health and safety of users, impact on the environment and feasibility of staying in an approved facility before an approval can be granted

·    A management plan must be submitted with each application which addresses basic health and safety concerns, including waste management and access to water

·    A local government can only renew an extension three times (for a total stay of 12 months), and

·    Following four approvals by the local government, an application can be made to the Minister, or the CEO of the department, for approval.

Discussion

All three options recognise that a person may need to seek approval to camp for a period of time outside the scope of the legislation. Under option (i), the applicant is the person who wants to camp, whereas in options (ii) and (iii), the applicant is the landowner, who bears the onus of seeking that approval.

Options (ii) and (iii) reflect the emphasis placed on protecting the health and safety of users and the environment, as they propose a range of factors that must be considered before approval can be granted. Such considerations are not mandatory in option (i), which is not in line with the objectives of the review.

It is acknowledged that there are times when a person may need to camp in an accommodation vehicle or tent for an extended period of time. However, in these circumstances, it is important that the occupier’s health and safety is protected and there is no significant impact on neighbours or the environment. It is appropriate that landowners who allow such camping on their property take greater responsibility for and ownership of the process.

Option (ii) gives local governments the autonomy to make decisions on whether a person should be allowed to camp on private property and for how long. The legislation will, however, provide guidelines around what a local government must consider before granting approval. This would ensure that the objectives of the new Caravan Parks Act are met. Additionally, approvals can only be granted for three months at a time, following which a full review of the circumstances is required. Even though this places an administrative burden on both applicants and local governments, it is important that the circumstances are reviewed after three months to ensure there are no significant impacts on the neighbours or environment and that there is still a genuine requirement to camp outside of a facility.

Option (iii) operates in the same manner as option (ii); however, a local government can only approve an application four times (for a total of 12 months’ stay on the land), following which an application must be made to the Minister or CEO of the department. The purpose of this is to introduce a second party to critically review applications. This process will place an administrative burden on the department to assess applications. To simplify the process and reduce the expectation that applications are automatically approved, guidance material such as a policy and application form would be prepared by the department.

Under option (ii), if a local government refuses an application, the applicant can appeal to the SAT. Under option (iii), if a local government declined any of the four allowable applications, applicants could seek review of that decision by the Minister or CEO of the department. It is important to ensure that applicants have an alternative means for their application to be reviewed; however, when considering applications to the Minister or CEO of the department for an extension of time to camp outside of an approved facility (greater than the already approved 12 month period), the department would contact the local government for background and comment. This does not necessarily allow for the independent review that the SAT provides.

There is a financial burden on local governments under options (ii) and (iii) to undertake inspections before approving an application; however, this will be addressed through the imposition of an appropriate fee. The cost to the applicant is likely to be significantly less than the cost of staying in an approved facility for the same length of time.

There has recently been an increase in landowners making their properties available to campers on both a paid and unpaid basis. To ensure that this practice does not impose undue inconvenience on neighbours, which is especially applicable in suburban areas with closer living quarters, and that the user’s health and safety is protected, options (ii) and (iii) propose that if the intention is to have a property available for more than three nights in any 28 days, approval must be sought from the local government. Requiring approval is a cost to the landowner, which may not be offset if the landowner is offering free accommodation; however, it is important to protect both the users and neighbours.

It is arguable that even though there is an impact on landowners and local governments, an application process is crucial to ensure the necessary objects of the legislation are met. As option (ii) gives local governments the discretion to determine what is best for their district without Ministerial or departmental intervention, this is the recommended option.

Recommendation

·    Option (ii)      Local governments can grant approval to camp for up to three months at a time subject to appropriate consultation and risk assessment.

 

Guidance questions

·    Question 9:   Is it appropriate to ask applicants who wish to make their property available for camping to provide a management plan outlining basic health and safety requirements (refer Section 8 for more information)? Please provide reasons why or why not.

·    Question 10: Is it appropriate for local governments to undertake a complete review of the circumstances every three months? Why or why not?

·    Question 11: Should local governments have the autonomy to decide how long a person is allowed to camp on private property in their district? Why or why not?

·    Question 12: What are the potential costs and benefits of allowing people to camp outside of approved facilities for extended periods of time?

5.3 State government and local government facilities

Holiday parks and camping grounds are not only owned or operated by private operators. Local governments and state government agencies, such as the Department of Parks and Wildlife (DPaW), operate their own facilities. DPaW owns approximately 300 facilities, directly operating around 260 of those facilities, and are the biggest park provider in the state. Under the current Caravans Park Act, facilities operated by public sector bodies are exempt.

This exemption applies only to a public sector body as defined in the Public Sector Management Act 1994, and not to local governments. This means that, if a local government operates a facility, it must ensure compliance with the prescribed standards, but a state government agency is not under this same obligation.

Caravan parks and camping grounds operated by DPaW are already managed under the Conservation and Land Management Act 1996 (CALM Act) and associated regulations. In accordance with the CALM Act, DPaW has introduced a management regime which includes issuing lessees a lease for approximately 40 years based on a comprehensive management plan submitted by the lessee. The development and operation of camping grounds on CALM land are governed by the Conservation Commission of Western Australia.

Issues

The exemption of public sector bodies from the provisions of the Caravan Parks Act has resulted in a perception that different standards apply to facilities on Crown land compared to private and local government facilities, notwithstanding the significant regulation of DPaW sites under the CALM Act.

Consideration must also be given to how a local government or state government facility is licenced and how compliance could be enforced.

Objective

The objective is to ensure that all facilities, regardless of who owns or operates them, have minimally acceptable standards for the health and safety of users and protection of the environment.

Consultation feedback

Feedback has previously been sought on the proposal that all caravan parks, regardless of the operator, should be required to comply with the same health and safety standards.

A majority of respondents supported this approach. Concerns were raised however that it may increase red tape and reduce the ability of the state to deliver low-cost caravanning and camping options if DPaW facilities, which are predominantly nature-based parks, are required to be upgraded to achieve the health and safety standards specified in the Caravan Parks Act for holiday parks.

Options

(i)         Status quo

This option proposes that public sector bodies would continue to be exempt from the health and safety standards prescribed under the Caravan Parks Act and Regulations. DPaW would continue to manage its lessees in accordance with its own rigorous management plan framework under the CALM Act and Regulations.

Local governments would be able to operate a facility in their district without a licence; however, they must comply with the legislation. In the event of non-compliance, the Minister could issue a direction to meet a specified standard, comply with a provision, or do any specified thing necessary for effective operation of the Caravan Parks Act.

(ii)        All providers must comply with the Caravan Parks Act and Regulations

Under this option, all facilities providing sites for accommodation vehicles and/or tents will be required to comply with the minimum health and safety standards for users. It will be mandatory for all operators to meet the minimum standards prescribed. Public sector bodies and local governments would not be exempt.

The Minister, or CEO of the department, will be able to issue directions to local government-run facilities in the event of non-compliance. This option also proposes that the department could appoint an independent person to inspect facilities and enforce the legislation in accordance with the provisions outlined in Section 8.

If this option is preferred, it is suggested the following provisions are adopted:

·    All facilities providing sites for accommodation vehicles and/or tents are required to have an approval to operate and complete a management plan

·    The relevant local government or state government agency will be responsible for ensuring compliance with the prepared management plan

·    The Minister or CEO of the department may give directions to the local government to undertake a particular function of the legislation, and

·    The department may appoint an independent person to inspect facilities and enforce the legislation. Operators will be required to pay the costs associated with inspection and enforcement.

(iii)       Facilities leased from a public sector body are required to comply with the Caravan Parks Act and Regulations. A facility owned and operated by a public sector body is exempt. Local government facilities must comply with the standards

Under this option, any facility which is leased from a public sector body, such as DPaW, will be required to comply with the minimum standards under the Caravan Parks Act. A facility which is operated by DPaW, however, will not be required to comply with the Caravan Parks provisions.

Local governments will have to comply with the provisions and the Minister or CEO of the department will be able to issue a directive in the event of non-compliance.

 

 

If this option is preferred, it is suggested the following provisions are adopted:

·    All facilities providing sites for accommodation vehicles and/or tents are required to have an approval to operate and complete a management plan

·    A facility that is operated by a public sector body as defined under the Public Sector Management Act 1994 is exempt

·    The relevant local government or state government agency will be responsible for ensuring compliance with the prepared management plan

·    The Minister or CEO of the department may give directions to the local government to undertake a particular function of the legislation, and

·    The department may appoint an independent person to inspect facilities and enforce the legislation. Operators will be required to pay the costs associated with inspection and enforcement.

Discussion

Under option (ii), all facilities providing sites for accommodation vehicles and/or tents would be required to comply with the same set of minimum outcomes-based standards to be prescribed in regulations. While a benefit of this option is that all users of these facilities are afforded the same health and safety protections, it is likely to result in a duplication of regulatory framework for state government agencies and any lessees they issue a lease to, with little or no clear benefits to justify the additional costs to bodies such as DPaW, who advise they already maintain high standards for their sites. In comparison, option (i) of retaining the status quo allows for a more efficient legislative response, with no introduction of additional regulatory burden on either state government agencies or businesses that lease sites from the Crown. This would allow DPaW, the single biggest operator of low-cost caravanning and camping sites in the state, to continue to develop and deliver affordable and safe holidays in Western Australia.

Option (iii) separates out facilities that are run by or leased from a state government agency. A facility run by a state government agency would be exempt from the minimum standards, but a facility leased by that agency to a private operator would be required to comply. This could lead to difficulties in transitioning when a facility is leased or run by the state government agency. It is also more difficult to argue why a state government agency should not be required to comply with the same minimum standards as all other facilities, but any business leasing the same park should be required to be compliant.

Options (ii) and (iii) could have a significant financial impact on operators of facilities who are not compliant with the new minimum standards and need to improve them; however, there is no expectation that these standards will be higher than those currently in place, especially as they will be outcomes-based, meaning that operators will have flexibility to meet them. Outcomes-based standards would be less prescriptive than the current legislation and ensure operators have flexibility in meeting the standards in a way that would allow them to cater directly to their target markets. DPaW states that their facilities comply with their own standards, which may not be substantially different to what will be proposed under this legislation. It is also a possibility that the new minimum standards may be modelled on the DPaW provisions. If this is the case, requiring government agencies, predominantly DPaW, to comply with existing provisions may not improve standards but could still result in additional set-up and compliance costs.

Difficulties may arise under options (ii) and (iii) in relation to approving management plans and ensuring compliance through regular inspections. State and local government agencies will be responsible for preparing their own management plans and ensuring compliance, and if the facilities are found to be non-compliant, undertaking the necessary action to rectify the situation and bring the facilities into compliance. Under this option, the operator and regulator are effectively the same entity, which could risk the perception of a conflict of interest. This risk could be mitigated by including a provision that requires the approved management plan to be published, so that the conditions of approval are available for users of the facility to review. This would ensure transparency and accountability, despite the dual operator/regulator role.

Nevertheless, to address circumstances of potential operator/regulator conflict, options (ii) and (iii) provide the ability for the department to appoint an independent person to both inspect facilities and enforce the provisions of the legislation, on facilities owned or operated by local government and state government agencies. The Minister, or CEO of the department, will also be able to issue directions to require a local government or state government agency to undertake a particular function; for example, issuing a direction to inspect a particular facility.

Option (i) is recommended as it provides a streamlined no-impact approach consistent with the policy of red-tape reduction, while still providing for the health and safety of users as there are already regulatory provisions in place under other state government legislation.

 

Recommendation

·    Option (i)       Status Quo.

 

Guidance questions

·    Question 13: Should local governments and state government agencies be held accountable for complying with the legislation? Why or why not?

·    Question 14: Should users have the ability to lodge a complaint against a state government-run or local government-run facility with the Minister or SAT? Why or why not?

·    Question 15: Can you identify any other potential costs or benefits that may result from keeping the status quo? What are they?

5.4 What will not be covered by the proposed legislation

In accordance with the recommendations made above, the following areas will no longer be covered under the proposed Caravan Parks Act.

Park Home Parks: Park home parks are currently able to be situated on land zoned for caravan parks because a park home is classified as a caravan. The proposed amendments remove the definition of park home as a caravan, but also require that the legislation does not take effect unless there are 10 or more sites designated for short-stay camping within the park home park. This means that facilities which are solely or predominantly developed for the provision of long-stay residential park homes will not be captured under this legislation or be able to access caravan park-zoned land. The same applies for other residential developments such as a collection of chalets or cottages. Without providing 10 designated short-stay campsites or a prescribed percentage of sites within their facility, these facilities would not be classed as holiday parks or eligible for an approval to operate under the Caravan Parks Act.

Roadside rest areas: The current regulations allow a person to camp in a roadside rest area for 24 hours in a caravan or other vehicle. The enforcement of stopping in roadside rest areas is currently undertaken in an ad hoc manner, as it is unclear which agency is responsible for inspections and enforcement. During consultation it was proposed that roadside rest areas should be dealt with under existing road and parking legislation rather than the Caravan Parks Act. Approximately 56 per cent of respondents supported this proposal. As the proposed legislation is focused on camping, rather than stopping, and roadside rest areas are provided for fatigue management under Main Roads legislation, these areas will no longer be covered under the Caravan Parks Act.

If a person overstays at a roadside rest area, this will be treated as a traffic offence, and authorised officers will be able to enforce it similar to illegal parking. It has been raised that due to the number of overseas and interstate users, if a local government infringes a user for overstaying, it is easy for the user to give false information, and the infringement notice is never paid and cannot be tracked. However, if a roadside rest area infringement becomes enforceable as a traffic offence, the registered owner of the car could be tracked through the registration number. If the vehicle is a hire car, the hire company can identify the hirer of the car at the time of the offence. This adds an additional measure of accountability and transparency for both roadside rest area users and local governments. 

6.   Licencing of Facilities

The current provisions of the Caravan Parks Act require that a person operating a caravan park or camping ground must have an appropriate licence. Applications to licence a facility are made to the relevant local government and are accompanied by a prescribed fee.

In accordance with the Caravan Parks Regulations, the duration of a licence is one year to the day on which a licence is granted or renewed. A licence remains in force for the year unless otherwise specified in its conditions, or it is cancelled.

Before a licence can be issued or renewed, it is a local government’s responsibility to ensure the Caravan Parks Act is complied with and that the applicant is the owner of the land, or has approval from the landowner, to apply for the licence in respect of the land.

Issues

Annual licensing of caravan parks imposes a risk on operators as there is no certainty that the park will be approved to operate from year to year. In addition to possibly affecting the economic viability of the facility, it is also an administratively burdensome provision for local governments to enforce. Generally, annual licences do not align with the period a lease is granted for, which can restrict access to financing and create unnecessary red tape for all parties.

Annual inspections allow for regular checks of compliance against minimum prescribed standards; however, provided that the Caravan Parks Act states that a licence may be cancelled for non-compliance, it would seem unnecessary to align the period of a licence with an annual inspection timeframe.

Objective

The objective is to introduce a licensing regime which is simple to enforce, provides increased certainty for operators, provides flexibility for operators and enforcement agencies and ensures the necessary minimum standards are maintained.

Consultation feedback

During the previous round of consultation, it was proposed that the validity of a licence be extended from one year to five years. Some submissions suggested that the licence period should be extended to 20 years. It was also questioned whether a licence was required at all.

Submissions also suggested that appropriate and proactive enforcement is more important than the period of the licence. It was proposed that, following the granting of a licence, an inspection should be carried out within 12 months, and that the frequency following that initial inspection would be no more than annually, but no less than once every three years.

The majority of respondents advised that regular inspections are necessary to ensure compliance and that the frequency of inspections should be specified in the legislation. Feedback from local governments and the Western Australian Local Government Association indicated strong support for the ability for local governments to charge inspection fees.

Options

(i)         Status quo

Under this option, caravan parks will continue to be licensed annually, and local governments will be required to ensure compliance with the legislation before the granting or renewal of a licence.

(ii)        A once-off approval to operate is granted, followed by annual inspections

This option proposes that before a facility can operate, it must be granted an approval to operate by the relevant authority. The approval, which will be modelled on the Food Act 2008, will be once-off and accompanied by regular inspections to ensure compliance. The approval to operate would, for all intents and purposes, replace the current annually renewed licence.

A facility operator will be required to submit an application for approval to operate with a management plan (refer to Section 8 for further discussion). The management plan will be used to assess the application, set the conditions under which a facility can operate, and be used as the basis for ongoing and subsequent inspections. An initial inspection will be required before an approval to operate can be granted, and subsequent inspections must then be undertaken annually. Local governments will be able to charge inspection fees and have the discretion to extend the period between inspections to two years, if the facility is fully compliant at the previous inspection and no substantiated complaints have been received since that time.

If a new planning approval application is submitted or there are any redevelopments or substantial changes to a facility, a new application for approval to operate must be submitted to the relevant authority. A substantial change would be defined as one requiring amendments to the management plan. Such changes may include, but are not limited to, a change of owner, operator or lessee, and the removal of facilities.

If this option is preferred, it is suggested that the following provisions are adopted:

·    An approval to operate is required for all facilities that provide two or more short-stay campsites for accommodation vehicles and/or tents

·    An approval to operate is required for all park home park facilities that provide 10 or more short-stay campsites for accommodation vehicles and/or tents or a prescribed percentage of sites on their facility are designated for this purpose

·    A temporary approval to operate can be granted by the relevant authority for specific events (refer Section 7)

·    An approval to operate is to be accompanied by a management plan (refer Section 8)

·    The management plan will provide the minimum conditions under which the facility must operate

·    A local government must undertake inspections annually; however, the period between inspections may be extended to no more than two years under certain conditions, and

·    If a new planning approval application is submitted or there are any redevelopments or substantial changes to a facility (including a change of owner), a new application for approval to operate must be submitted.

(iii)       A five year approval to operate granted by the relevant authority and inspections will be no less than three yearly

This option proposes that rather than an annual licence, an approval to operate is granted for five years. The relevant authority will be required to complete annual inspections but, barring any areas of non-compliance, the approval will remain valid for five years.

In accordance with option (ii), operators will be required to complete a management plan which forms part of the application for approval to operate. Before an approval to operate is renewed, the management plan must be reviewed and resubmitted with the renewal application.

An initial inspection will be required before an approval to operate is granted and inspections must then be undertaken at no less than three yearly intervals. Local governments will be able to charge inspection fees.

If this option was preferred, it is suggested that the following provisions are adopted:

·    An approval to operate is required for all facilities that provide two or more short-stay campsites for accommodation vehicles and/or tents

·    An approval to operate is required for all park home park facilities that provide 10 or more short-stay campsites for accommodation vehicles and/or tents or a prescribed percentage of sites on their facility are designated for this purpose

·    A temporary approval to operate can be granted by the relevant authority for specific events (refer Section 7)

·    An approval to operate is to be accompanied by a Management Plan (refer Section 8)

·    An approval to operate has effect for five years, following which a new application and reviewed management plan must be submitted

·    An application for renewal must be made at least three months prior to the expiry of the approval to operate

·    The management plan will provide the minimum conditions under which the facility must operate

·    A local government must undertake inspections on a no less than three yearly basis, and

·    If a new planning approval application is submitted or there are any redevelopments or substantial changes to a facility (including a change of owner) then application must be made to the relevant authority for a new approval to operate.

Discussion

During the previous round of consultation, feedback was sought on extending the period of a licence to five years. Option (iii) reflects this proposal, which will give operators some certainty to their business and will also reduce the red tape of having to apply annually for a licence when it seems the sole purpose of requiring this is to undertake an inspection to ensure compliance.

As a result of the feedback received, option (ii) proposes that rather than an annual (option (i)) or five year (option (iii)) licence, a facility is granted an initial approval to operate. This is a once off approval, which reduces the financial impost on local governments and operators, as well as reducing red tape generated by repeatedly applying for the same approval.

It was noted during consultation that inspections and enforcement are more crucial than a licence. Under option (i), inspections will form part of the annual licence process, whereas under options (ii) and (iii), the inspections will be separate except for the initial application for approval to operate.

Under option (ii), inspections must be conducted annually; however, local governments will have the discretion to extend that period to two years if the facility was fully compliant at the previous inspection and there have been no substantiated complaints since. This will reward compliant operators, provide an incentive to remain compliant, and reduce the financial impost of those operators through reduced inspection fees. It also enables local governments to focus on operators who are not compliant and reduces the administrative burden imposed by conducting regular annual inspections on all facilities in the local government’s district.

Under option (iii), inspections must be undertaken on a no less than three yearly basis. Compared to option (ii), this option has the benefit of reducing the financial impact on both local governments and operators; however, it does not ensure that the facilities are being maintained to protect the health and safety of users and the environment. The longer the period between inspections, the higher the cost associated with correcting non-compliance could be. Users may also be exposed to longer, and potentially greater, periods of risk. Local governments will be authorised to charge inspection fees at cost recovery, which is expected to increase the sector’s willingness to undertake inspections, which ultimately should improve compliance. As has been discussed previously in this section, proactive enforcement is just as important as ongoing compliance.

It is recommended that option (ii) is adopted. This would place the emphasis on inspections rather than licence renewals, reduce red tape and the financial impost on compliant operators, provide an incentive for remaining compliant, and ensure that operators continuously protect the health and safety of users and the environment.

Recommendation

·    Option (ii)      Initial approval to operate granted, followed by annual inspections.

 

Guidance questions

·    Question 16: Do you believe this proposal is the best option for users, operators and local governments? Why or why not?

·    Question 17: Do you think an annual inspection is appropriate? Do you support the option for local governments to extend the inspection period for up to two years? Why or why not?

·    Question 18: Are there any other potential costs or benefits of this option that have not been addressed? What are they?

7.   Licence Categories

The Caravan Park Regulations currently provide for seven licence categories. These are:

·    Caravan park licence

·    Camping ground licence

·    Caravan park and camping ground licence

·    Park home park licence

·    Transit park licence (stay of no longer than three consecutive nights)

·    Nature based park licence, and

·    Temporary licence.

The legislation prescribes different health and safety standards for many of these categories. Most notably, nature based parks and transit parks can provide fewer facilities than caravan parks, due to the expected length of stay.

Issues

A reported issue with the seven licence categories is that with evolving mixed-use facilities, the existing licence types may not reflect the actual accommodation being provided at each facility. It has been noted that there are difficulties in distinguishing between categories, particularly between nature based parks and transit parks, which create unnecessary confusion and inconsistency in the application of the legislation.

The different categories may also prescribe different health and safety standards. Stakeholders have proposed that there should be uniform minimum standards across all categories to ensure consistency and protect the health and safety of users.

Objective

The objective is to ensure appropriate minimum standards that protect the health and safety of users and mitigate environmental risks across all different circumstances where campsites are provided for accommodation vehicles and/or tents.

Consultation feedback

Feedback was sought on a proposal to reduce the current categories from seven to three (holiday park, transit park and nature based park). This reduction was generally supported; however, it was also suggested that it may be more appropriate to have no categories, as all facilities should comply with the same standards.

Options

(i)         Status quo

Under this option, the seven categories will remain, and operators will be required to apply for the most applicable licence for the accommodation they provide. The licence category will determine the standards an operator must comply with.

 

(ii)        Approval categories are reduced to three: holiday park, transit park and nature based park

Under this option, it is proposed that there are three approval categories:

·    Holiday park approval

·    Transit park approval, and

·    Nature based park approval.

Each approval category will have a set of minimum standards with which operators will be required to comply.

This option was also proposed in the first consultation paper.

If this option is preferred, it is suggested that the following provisions are adopted:

·    An approval to operate a holiday park will include caravan parks that traditionally provide mixed-use accommodation types, but specifically sites for accommodation vehicles and tents. Sites can be provided for both long-stay and short-stay use.

·    A transit park approval will be for operators of facilities where the allowable length of stay is no longer than three consecutive nights.

·    A nature based park approval will be for facilities that are not in close proximity to an area that is built up with structures used for business, industry or dwelling-houses at intervals of less than 100 metres for a distance of 500 metres or more, and has been predominately formed by nature and has limited or controlled artificial light and noise intrusion.

(iii)       One set of minimum requirements for all facilities that provide campsites for accommodation vehicles and/or tents

Under this option, all categories will be removed and there will be one set of minimum standards applying to all facilities providing sites for accommodation vehicles and/or tents. Operators will be able to provide standards above the prescribed minimum, dependent on the facility they are managing. The operator’s target market will effectively determine the standard of services provided in each individual facility.

As there will be only one set of minimum requirements, it removes the need to separately address overflow and temporary areas; however, these may be specifically addressed in a management plan.

If this option was preferred, it is suggested that the following provisions be adopted:

·    All existing licence categories are removed so that the same minimum health, safety and environmental standards apply to all facilities providing campsites for accommodation vehicles and/or tents, and

·    Any overflow or temporary areas will be required to comply with these minimum standards unless an exemption is granted by the relevant local government.

(iv)      Three approval to operate categories: Holiday Park, Nature Based Park and Event approvals, with one set of minimum standards applying to all

This option proposes that there are three approval categories; however, each facility must comply with the same set of minimum outcomes-based standards.

A holiday park approval will be for facilities providing a range of accommodation types, whereas a nature based park approval will be for minimal facilities in non-built up areas. Due to the minimal nature of the facilities and the potential impact on the environment, stays in nature based parks will be restricted to no more than 28 days in any three month period. There will be no restrictions on the length of stay in a holiday park.

An event approval will be available following an application to the relevant local government. A person may apply for an event approval for any reason where there will be more than one accommodation vehicle and/or tent on a property. Similar to a person applying to camp outside of a facility for a period longer than three nights (as addressed at Section 5), an event approval application must be accompanied by a prescribed fee and a management plan addressing basic health and safety concerns of the users, most importantly access to water and waste management. An event approval can only be granted for a maximum of seven days, and a local government will be required to undertake an inspection of the property and consult with any neighbours before granting approval. No more than four event approvals will be approved for a single property in the course of a year.

If this option was preferred, it is suggested that the following provisions are adopted:

·    A holiday park approval will include caravan parks that traditionally provide mixed-use accommodation types, but specifically sites for accommodation vehicles and tents. Sites can be provided for both long-stay and short-stay.

·    A nature based park approval will be for facilities that are not in close proximity to an area that is built up with structures used for business, industry or dwelling-houses at intervals of less than 100 metres for a distance of 500 metres or more, and has been predominately formed by nature and has limited or controlled artificial light and noise intrusion. Stays will be restricted to no more than 28 days in any three month period.

·    An event approval will be for special events where there is more than one accommodation vehicle and/or tent outside of an approved facility. An approval cannot be issued for any period greater than seven days and no more than four approvals can be issued for the property in a year.

·    All facilities must abide by minimum standards as prescribed. These standards will be outcomes-based, rather than prescriptive, to allow for flexibility in approach.

Discussion

It was previously proposed that the licence categories should be reduced to more appropriately reflect the types of facilities. This proposal is reflected in option (ii), which suggests three categories, rather than seven, as proposed in option (i), status quo.

Following an assessment of the consultation feedback, two further options have been included. Option (iii) proposes that there are no categories and all facilities must comply with the same minimum standards. This approach, in addition to reducing red tape by prescribing uniform standards for different categories, also affords the same protection to all users and the environment.

A further option, option (iv), proposes that there are three approval to operate categories: holiday park, nature based park and event. All categories will be required comply with the same minimum standards.

Under option (iv), a person will be able to apply for an approval to operate specifically for an event. Requiring an event approval allows the local government to assess whether the person holding the event has considered all the necessary elements to protect the health and safety of users, and reduce environmental impact.

Options (i) and (ii) may result in confusion when applying different standards to different accommodation types, when it can be argued that all categories should ensure the health and safety of users is protected, whether it be a nature based park with minimal facilities, or a fully equipped holiday park. Although target markets may be variable, health and safety standards are constant and should not change.

While the removal of categories under option (iii) simplifies the process, and all facilities will be required to comply with the same standards, it may ultimately make it more difficult for local governments to assess applications and for operators to apply for an appropriate approval in remote areas or for short-term events. When a local government receives an application for approval to operate, the application cannot be accurately assessed if it does not clearly identify the type of facility proposed. The conditions of a nature based park management plan, where water and waste may have to be dealt with in innovative ways, will be significantly different to a holiday park application.

The benefit of option (iv) is that it categorises the key facility types (holiday parks and nature based parks), and also recognises the need for once-off event approvals.

To assist in the review of applications for approval to operate, while recognising that there are key types of facilities, option (iv) is recommended. Having the same set of minimum standards will also promote flexibility in supplying facilities to meet these standards, while ensuring consistency of health and safety protections for users of all types of facilities.

Recommendation

·    Option (iv)     Three approval to operate categories: Holiday Park, Nature Based Park and Event approvals, with one set of minimum standards applying to all.

 

Guidance questions

·    Question 19: Is it appropriate for all holiday parks and camping grounds to operate under the same set of minimum standards? Why or why not?

·    Question 20: Are there any other types of facilities that should be categorised separately? What are they and why?

·    Question 21: Should event approvals be limited to seven days and four approvals per year? Why or why not?

·    Question 22: Can you identify any additional costs or benefits to this option that have not been discussed? What are they?

8.   Conditions for Approval to Operate

As noted previously, the current Caravan Parks Act sets very prescriptive standards for different types of accommodation. When an approval to operate is granted or renewed, a local government must assess that facility against the prescribed conditions.

If a facility is not compliant, local governments can enforce the provisions with a number of tools, including:

(i)   Work specifications notice – a notification advising that work is required to be undertaken to ensure compliance with the legislation. A penalty applies.

(ii)  Prohibition notice – a written notice prohibiting the facility from admitting new occupiers and collecting any charges from existing occupiers, due to a contravention of the Act or conditions imposed. A prohibition notice stays in force until cancelled by the local government.

(iii) Cancellation of licence – a written notice advising of a cancellation of a licence as a result of the licence holder being convicted under the Caravan Parks Act or any other relevant law, the licence was obtained by fraud or misrepresentation or a licence condition was contravened.

A local government can also take legal action under the Caravan Parks Act and issue infringement notices for a prescribed offence.

Issues

The current legislation is very prescriptive in the requirements that are placed on operators. The provisions do not allow operators the flexibility to think critically about their target market and facility, nor to develop proposals to address these and the particular risks of the location.

Objective

The objective is to introduce outcomes-based mechanisms which allow operators the flexibility to develop their facilities to meet the needs of their users, whilst also complying with the minimum standards for health, safety and the environment.

Local governments also need to be encouraged to enforce compliance.

Consultation feedback

Feedback has previously been sought on whether management plans would be a suitable model for licensing facilities, with the overarching legislative framework providing the minimum standards that must be incorporated in the plan.

Overall, 78 per cent of respondents were supportive of the introduction of management plans. The adverse feedback received related to the financial impact the development of the plans may have.

It was previously proposed that the current enforcement provisions continue to apply under the new legislation.

Options

(i)         Status Quo

Under this option, facilities will continue to be assessed based on the prescribed standards under the Caravan Parks Regulations.

The Caravan Parks Regulations outline in detail the standards that all caravan parks and camping grounds need to abide by, including the distance between sites, size of annexes, parking, ablutions, waste management and laundry facilities and water supply.

A licence holder may apply to the Minister to vary, modify or grant an exemption from the prescribed standards. An exemption can be approved if the Minister is satisfied it is not detrimental to the public interest.

(ii)        Preparation of management plans for all facilities operating under the Caravan Parks Act

In accordance with the recommendation under Sections 7 and 8, it is proposed that there be three categories of approval to operate and all facilities operating under the legislation must comply with a set of minimum standards. These standards will be developed through further consultation following the development of the principal Caravan Parks Act.

In addition to the new legislation setting the minimum standards to apply across all facilities, it is proposed that operators must also complete a management plan and submit it with their initial request for an approval to operate. If the application is for an event approval, a management plan will be required; however, it may not necessarily contain the same level of detail as required for a holiday park or nature based park application.

The requirement for management plans has recently been introduced for nature based parks to enable operators to develop a proposal that is specific to their target market and the facility they wish to establish. Guidance material for nature based park management plans is available on the department’s website at www.dlg.wa.gov.au/Content/Community/CaravanParks/NatureBasedParks.aspx. Similar guidance material would be provided for the preparation of holiday park and event management plans.

Management plans are documents providing essential details on how a facility is to be designed and managed and the type of facilities to be provided. The plan outlines how the operator will meet the minimum standards and address any risks specific to the facility.

Once agreed, the plan will form the basis of an approval to operate and will be the ongoing management tool for the operator and the local government. The approved plan will form the minimum standards with which the facility is required to comply, and compliance with these standards will be checked during inspections.

It is proposed that the regulations will prescribe what needs to be incorporated into the plan, including:

·    The number and type of proposed sites

·    The proposed maximum capacity of the facility

·    Environmental impact and sustainability

·    Waste management

·    Traffic management, and

·    Risk management.

For further information on what is required to complete a management plan, and to view a pre-existing management plan template, please visit the department’s webpage on nature based parks at www.dlg.wa.gov.au/Content/Community/CaravanParks/NatureBasedParks.aspx.

The relevant authority will be required to review the management plan at the time an application is made, and will have the discretion to place conditions on the facility; for example, the authority may stipulate that a particular facility must meet standards above the legislated minimum due to the nature of the facility. If an operator does not support the conditions imposed by the approving authority, this option proposes that they can appeal that decision to the SAT.

If this option is preferred, it is suggested that the following provisions are adopted:

·    A management plan must be submitted with applications for approval to operate

·    Management plans must provide for the minimum standards prescribed and any particular risks associated with the facility

·    A local government has the discretion to apply specific conditions to an approved management plan

·    A facility operator can appeal to the SAT to oppose the conditions required by a local government

·    An approval to operate is not issued unless the facility is compliant with the agreed management plan

·    Local governments must keep a register of facilities granted approval to operate

·    Facility operators must comply with the minimum standards as prescribed

·    Facility operators must keep a register of occupiers

·    Local governments to enforce the provisions through use of work specification notices, prohibition notices or cancellation of approval to operate. Court-imposed penalties and infringement notices will be prescribed, and

·    The department can appoint an independent person to enforce the provisions of the legislation on local governments.

Discussion

An overarching objective of the review is to increase flexibility and reduce red tape for operators and local governments, while continuing to ensure that the health and safety of users and the environment are protected.

If the status quo (option (i)) is maintained, operators will continue to operate under the current legislated standards, which are unnecessarily prescriptive. To ensure that operators have the flexibility to tailor their facilities to the needs and expectations of their target market, operators must have the ability to prepare a plan that delivers on those expectations. While option (i) allows an exemption from the standards to be sought, applying for an exemption is additional red tape for the operator, and also places an administrative burden on the department to review applications.

Under option (ii), operators will be able to determine the type of facility and services they want to provide, taking into consideration their target market and the risks of the site, and incorporate that proposal into a management plan. The management plan must be submitted to the relevant authority with an application for approval to operate. It is expected that this increased flexibility will remove the difficulties associated with applying the convoluted current provisions under option (i) and will remove the red tape that currently surrounds some of those provisions, such as the necessity of applying for exemptions from the existing standards.

While option (ii) gives operators increased flexibility, it also provides a necessary measure to allow the relevant authority to place conditions on the facility. An example where this may occur is in a bushfire-prone area, where a local government may require the distance between campsites to be greater than the prescribed minimum, to protect the health and safety of users in the event of a bushfire. While option (ii) has provisions for minimum standards, the standards provided under specific management plans must be appropriate for and specific to the level of facility that is being provided. There is a risk that increased flexibility and less prescriptive regulatory requirements may lead to insufficient information being provided to allow local governments and planners to make an informed decision on an application. Whilst existing facilities already have detailed planning approval documentation, that granular level of detail is unlikely to be necessary for new developments. It is suggested that for new developments, management plans and development approvals be prepared concurrently to ensure that all required information is compiled and provided to the local government at the same time.

Under both options (i) and (ii), the local government will be required to ensure compliance. It is proposed that the current enforcement tools remain, as they allow for a staged approach to compliance, from an initial notice requesting a change, to cancellation of the approval to operate in extreme circumstances. Option (ii) proposes that the department will have the ability to enforce the legislation on local government, which recognises the possibility of regulator/operator conflict and ensures that all facilities are held to the same standard, no matter the operator.

Under option (ii), when inspections are conducted, compliance will be checked in accordance with the management plan for the individual facility, rather than under prescribed standards that may not be relevant to the specific facility (option (i)).

If option (ii) is adopted, the department will prepare guidance material to assist operators in developing management plans. Guidance material would also be prepared to assist local governments in assessing management plans to ensure the plans are compliant with the Caravan Parks Act.

It is recommended that option (ii) is adopted as it allows for increased flexibility for operators to tailor their facilities to their target markets, whilst providing protection to the health and safety of users and the environment.

Recommendation

·    Option (ii)      Preparation of management plans for all facilities operating under the Caravan Parks Act.

 

Guidance questions

·    Question 23: Do you think this promotes a flexible operating environment for operators? Why or why not?

·    Question 24: Will less prescriptive regulatory requirements result in insufficient information being provided in support of development applications?

·    Question 25: Is it feasible to prepare a management plan concurrently with a development approval? Why or why not?

·    Question 26: Do you agree that local governments should have the ability to require that operators provide services at standards above the prescribed minimum? Why or why not? If yes, under what circumstances?

·    Question 27: Can you identify any additional costs or benefits arising from the requirement to prepare a management plan? What are they?

9.   Penalties

The Caravan Parks Act and Regulations contain court-imposed penalties and modified penalties for a range of offences.

Issues

The current penalties in the legislation have not been increased for 20 years, and are therefore unlikely to act as an effective deterrent to non-compliance. It is also unlikely that such outdated penalties are above cost recovery for local governments, which may result in a lack of proactive enforcement.

Objective

The objective is to increase penalties to a level which will both encourage compliance with the legislation and facilitate proactive enforcement by local governments.

Consultation feedback

Feedback was previously sought on the level to which penalties should be increased. Approximately 59 per cent of submissions supported an increase in penalties; however, it was also raised that an increase in penalties should be backed by effective inspection and enforcement.

Options

(i)         Status quo

Under this option, penalties would remain the same. The amounts of court-imposed penalties vary depending on the offence. For example, there is currently a court-imposed penalty of $1,000 for failing to display the licence issued, and a penalty of $5,000 for operating without a licence.

Modified penalties (on the spot fines) range from $50 to $200 depending on the offence.

(ii)        Increase penalties in accordance with the Food Act 2008 and Building Act 2011

Under this option, it is proposed that penalties will be increased to ensure they act as an effective deterrent and are consistent with similar legislation.

This option proposes that penalties are modelled on the Food Act and Building Act, as these Acts also deal with health and safety issues. Overall, this may result in a tenfold increase. For example, court-imposed penalties may increase from $5,000 to $50,000 for breaching notifications and conditions.

In accordance with the Food Act, penalties for a body corporate will be five times higher than for an individual.

If this option is preferred, it is suggested that the following provisions are adopted:

·    All court-imposed penalties are increased to be consistent with similar provisions under the Food Act 2008 and Building Act 2011.

 

 

Discussion

The imposition of penalties is to act as a deterrent and encourage compliance. For this reason, the penalties must be set at a level which both reflects the severity of the offence and deters non-compliance. Penalties that do not financially impact an offender will not encourage compliance, which may ultimately impact on the health and safety of users.

Option (i) would retain the existing penalties with no increase. The concern with penalties that are not increased to reflect the current financial position of society is that they may not be high enough to act as a deterrent. Such penalties may also not be enough to cover the costs to local governments to enforce compliance, which can result in a lack of proactive enforcement.

Under option (ii) it is proposed that penalties are increased in line with existing penalties under the Food Act and Building Act. Both statutes are recent and contain high penalties for non-compliance that reflect contemporary costs of living. Whilst the court-imposed penalty increase will be significant (approximately tenfold), it is crucial that the penalties effectively deter non-compliance and provide an incentive for local governments to enforce the provisions. As noted through consultation, feedback suggests that encouraging enforcement is crucial to increasing compliance. Proactive enforcement should result in increased compliance.

Introducing a penalty which is five times higher for bodies corporate (as suggested under option (ii)) also acknowledges the financial position of bodies corporate compared to individuals.

Option (ii) is recommended because the imposition of greater penalties provides an additional measure of protection for the health and safety of users and the environment. This may assure users and operators that offences against the legislation could result in a significant penalty being imposed. There is no significant impact to compliant operators or users as a result of the increase.

Recommendation

·    Option (ii)      Increase penalties in accordance with the Food Act 2008 and Building Act 2011.

 

Guidance questions

·    Question 28: Do you think increasing penalties in line with the Food Act and Building Act is appropriate? Why or why not?

·    Question 29: Do you agree that higher penalties will increase enforcement and compliance? Why or why not?

·    Question 30: Do you agree that bodies corporate should be liable for a higher penalty than individuals? Why or why not?

·    Question 31: Can you identify any additional costs or benefits that have not been considered in the discussion of this option? What are they? 

10. Prerequisites of Accommodation Vehicles

It is important that accommodation vehicles, including caravans and campervans, are compliant with the necessary Western Australian legislation. This includes ensuring that accommodation vehicles remain compliant with the mobility provisions of the current Caravan Parks Act.

Issues

Accommodation vehicles are being converted for residential use, which often includes modifications and the attachment of permanent fixed structures such as annexes and carports. These modifications mean such vehicles no longer comply with the mobility provisions of the Caravan Parks Act.

These converted vehicles are currently not captured by legislation that applies to either vehicles or buildings, and some regulation is required to ensure that the health and safety of users and occupiers is maintained and is enforceable through legislation.

The risks associated with residents in structures which do not offer the protection that an approved building does is mitigated by their mobility. In the event of a cyclone or fire within the facility for example, such vehicles should be able to be quickly moved to a safer location.

 

Objective

The objective is to ensure that the health and safety risks of occupiers are minimised by having accommodation vehicles and converted accommodation vehicles compliant with appropriate standards.

Consultation feedback

It was proposed in the first consultation paper that caravans and campervans must be licensed at all times they are in a facility. Submissions received raised concerns that there are currently caravans that have been converted to become more permanent structures by long-term residents and are therefore no longer mobile. These vehicles would not be considered roadworthy and are unlikely to be licensed under the Road Traffic Act. However, most of these converted accommodation vehicles have never been assessed against the requirements of the Building Act and are unlikely to have had appropriate health and safety mechanisms installed as part of those modifications.

A distinction must be made between treatment of converted accommodation vehicles in the future and the treatment of current vehicles that are not roadworthy. The latter is dealt with under Transitional Provisions (Section 12).

Options

(i)         Status quo

It is currently a requirement that caravans and campervans remain mobile and be maintained in such a condition that they can be moved under their own power or by being towed. It is not specifically necessary for the vehicles to be licensed under the Road Traffic Act; however, this is implied, as such vehicles are not allowed on roads without a current licence.

(ii)        Accommodation vehicles in holiday parks are either licensed under the Road Traffic Act 1974 or assessed under the Building Act 2011 as a Class 1a building

This option proposes that any accommodation vehicle in a facility must be licensed under the Road Traffic Act and must remain licensed. For a licence to be issued, it is a requirement that a vehicle is roadworthy.

If the intention is for an accommodation vehicle to become unlicensed and converted into a transportable building by the addition of a rigid annexe, patio or similar, permission must first be received from the owner of the holiday park. If supported by the park owner, an application will then need to be made to the local government in advance of the conversion to ensure it complies with the relevant local planning scheme. The entire structure, including the original accommodation vehicle, must also be assessed as a habitable structure (a class 1a building under the Building Code of Australia). This may require an upgrade to the vehicle.

At all times, the building must remain transportable, as the occupier has no entitlement to the land. Permanent, immovable structures are only allowed if they are owned by the owner of the park.

It is important to recognise that converted accommodation vehicles are different from park homes, which are discussed at Section 5 of this paper. Converted accommodation vehicles were once roadworthy and presumably were capable of being licensed under the Road Traffic Act, whereas park homes have not previously required a vehicle licence under the Caravan Park Regulations. The two intersect in their usage as permanent residences.

If this option is preferred, it is suggested that the following provisions are adopted:

·    Any accommodation vehicle in a holiday park is to be licensed at all times under the Road Traffic Act

·    If the intention is to add rigid structures to an accommodation vehicle, the entire structure is to be assessed and approved under the Building Act as a habitable building. Approval must also be granted by the facility owner/operator, and

·    A converted accommodation vehicle will be considered a transportable building and must remain transportable.

Discussion

Option (ii) provides a model that captures the types of accommodation vehicles that may be found in a holiday park. This model acknowledges that holiday parks may have residents who are permanent, or wish to become permanent, and would like to convert their vehicle into a more permanent structure, such as through the addition of an annexe or carport. Park operators may also use on-site caravans as a form of accommodation for short-stay tourists. These caravans may be plumbed, have gas and electricity, and while they take the form of a caravan, they would no longer be capable of being licensed under the Road Traffic Act.

Option (ii) would ultimately protect the health and safety of users, because the accommodation types are either roadworthy and/or movable in case of an emergency, or otherwise meet the compliance standards required for a building. A person using a converted accommodation vehicle as a residence should have the same safety standards as a person living in a building. This may require the installation of smoke alarms or insulation. The building must, however, remain transportable, as the owner has no claim to the land on which it sits. If the building were to be sold, leased or hired out, it must have smoke alarms fitted prior to the sale taking place. Under the Building Act, local governments may issue infringement notices against, or prosecute, owners who have not installed compliant smoke alarms in a building prior to selling, transferring ownership, renting or hiring.

While option (i) has the benefit of protecting the health and safety of users because all accommodation vehicles must remain moveable, there are issues with compliance and it does not specify how converted accommodation vehicles should be assessed. Option (i) also does not acknowledge that conversions do occur and that converted vehicles should not continue to be defined as accommodation vehicles.

The introduction of a provision that will allow converted accommodation vehicle users to deregister their vehicle for the purposes of conversion into a building is beneficial, particularly for long term occupants who have no intention of keeping the vehicle mobile. However, it is acknowledged that it may be extremely difficult for a converted accommodation vehicle to pass a building inspection. Whilst this may be the case, it is important to ensure that any person who wants to convert an accommodation vehicle into a permanent residence rather than a mobile home must be afforded the same protection as a person in a traditional building. It is also important to ensure that the health and safety of other users in a park is protected, especially in the case of a fire or cyclone.

While it is unlikely that a converted accommodation vehicle would precisely meet the standards of a Class 1a building under the Building Code of Australia, the Code is flexible in application, as it requires that performance requirements be met.  Similarly to the outcomes-based framework suggested in discussion of management plans (see Section 8 of this paper), the Building Code provides flexibility for owners to demonstrate that the broader performance requirements of the Code are met.  This may be through, for example, access to communal toilet and shower facilities (that is, facilities that are owned and maintained by the park operator for the use of residents and tourists alike) rather than the requirement to install a private toilet and shower in the converted accommodation vehicle itself.  Provided it meets the performance requirements of the Building Code, a converted accommodation vehicle may be considered a Class 1a building by the relevant local government conducting an inspection.

The concern with option (ii) is that a vehicle no longer licensed will be in breach of the legislation if approval has not been granted by the local government for the change to a transportable building. Users will be required to apply for the conversion before the vehicle licence expires. This may result in a significant impact on local governments as they will be required to introduce a process for users to apply and for applications to be assessed. However, to ensure health and safety of those users, option (ii) is the recommended option. Guidance material to assist local governments to assess converted accommodation vehicles against the Building Act would be developed and made available.

For information on the transitional provisions for existing converted use accommodation vehicles refer to Section 12.

Recommendation

·    Option (ii)      Accommodation vehicles in holiday parks are either licensed under the Road Traffic Act 1974 or assessed under the Building Act 2011 as a transportable building.

 

Guidance questions

·    Question 32: Do you agree that accommodation vehicles converted for the purpose of permanent habitation should be assessed under the Building Act rather than the Caravan Parks Act? Why or why not?

·    Question 33: What are the costs and benefits of this proposal for both users and facility operators?

11. Advisory Committee

Under the Caravan Parks Act, the Caravan Parks and Camping Grounds Advisory Committee (Committee) is established to make recommendations to the Minister on ways to improve, promote and regulate caravanning and camping in Western Australia.

Issues

In 2010, the Department of the Premier and Cabinet released a circular (Premier’s Circular 2010/02) advising that Ministers and agencies are encouraged to utilise interdepartmental working groups and other forms of consultation in place of establishing a committee. That Circular can be found at the Department of the Premier and Cabinet website, available from www.dpc.wa.gov.au/GuidelinesAndPolicies/PremiersCirculars/Pages/201002StateGovernmentBoardsandCommittees.aspx.

To comply with this directive, consideration must be given to abolishing the Committee in favour of other means of engagement.

Objective

The objective is to introduce a mechanism which facilitates an effective, flexible and responsive approach to stakeholder engagement.

Consultation feedback

Feedback was sought on the proposal to abolish the Committee in place of proactive consultation with relevant stakeholders.

63 per cent of respondents supported the abolition of the Committee, and 87 per cent were supportive of proactive consultation generally.

There was some support to retain the Committee due to concerns that consultation may be ad hoc or not robust.

Options

(i)         Status quo

Under this option, the Committee would continue to provide advice to the Minister. The Committee is comprised of a representative from each of the following stakeholder groups:

·    Western Australian Local Government Association

·    Caravan industry

·    Consumers

·    State government agency with an interest in caravanning and camping

·    Any other interests as the Minister considers appropriate, and

·    Employee of the department.

The functions of the Committee are to provide advice on ways to improve, promote and regulate caravanning and camping throughout the state.

 

(ii)        Proactive consultation with relevant stakeholders in place of an Advisory Committee

This option proposes that proactive consultation with relevant stakeholders replaces the Committee. Consultation will be undertaken by the department as necessary and may be facilitated through workshops and other means of engagement.

If this option is preferred, it is suggested the following provision is adopted:

·    The Caravan Parks and Camping Grounds Advisory Committee is abolished in favour of proactive consultation undertaken with relevant stakeholders as required.

Discussion

If option (i) is adopted, it would not be compliant with Premier’s Circular 2010/02. However, the retention of the Committee may allow the Minister to more readily gather information and feedback, as a list of members and their contact details are already available. While concern was raised during consultation that advisory committees contain self-interest groups, if option (i) is supported, a thorough advertising and selection process should be undertaken to ensure members are selected and appointed based on their skills and ability to provide reliable advice. Having a set Committee, however, may mean that views are only obtained from a very few people and these people may not have the necessary expertise on a particular issue or matter that arises.

Option (ii), in addition to being compliant with the government’s directive, which will mean a cost benefit, will enable direct consultation with relevant stakeholders. With the removal of the Committee, a variety of consultation methods can be used, dependent on the issue. This may include workshops with specific stakeholders or the development of email distribution lists for different topics. With a range of different methods of consultation available, abolishing the Committee in favour of proactive consultation on an as needed basis would both reduce red tape and encourage a wider range of views from stakeholders across the broader caravanning and camping industry.

While option (ii) will remove the cost associated with paying sitting fees of members and the provision of in-kind support from the department, it may still result in some cost involved with consultation. This cost could be both financial and in-kind as some engagement tools may require staff time and workshops. However, compared to an advisory committee, in times of financial constraints, information could be sought by mechanisms which do not impose a financial impact, other than in-kind, for example the use of email distribution lists to disseminate and receive information, request feedback and provide advice on relevant issues.

Previous feedback suggested that running an advisory committee is administratively burdensome. It also does not align with Premier’s Circular 2010/02, as noted above. Option (ii) will allow for targeted consultation to ensure a more appropriate outcome, dependent on the issue. For these reasons option (ii) is the recommended option.

Recommendation

·    Option (ii)      Proactive consultation with relevant stakeholders in place of an Advisory Committee.

 

Guidance questions

·    Question 34: Do you support this recommendation? Why or why not?

·    Question 35: What consultation methods should be used to ensure feedback from the broader industry (including operators, consumers and local governments) in the future?

·    Question 36: Can you identify any particular costs or benefits associated with disbanding the Committee in favour of a more flexible direct consultation framework? What are they?

12. Transitional Provisions

12.1     Holiday parks and camping grounds

If the above recommendations are adopted, particularly the options discussed at Sections 6 (Licensing of facilities) and 10 (Prerequisites of accommodation vehicles), consideration must be given to introducing transitional provisions which would give operators sufficient time to become compliant.

Issues

One of the key principles of this review is to introduce flexible operating conditions so operators can respond to demand and any changes to the sector over time, as well as allowing them the freedom to tailor their facilities and services to a specific market. If different standards are introduced, it may cause difficulties for operators to become compliant. It is not, however, expected that the minimum standards in the new regulations will be higher than the current standards; therefore, the risk of the majority of operators experiencing substantial difficulties complying with the new minimum standards is considered small.

Objective

The objective is to ensure that operators and users have an adequate period of time to become compliant with any new legislative provisions, whilst still ensuring that facilities are compliant under the existing provisions in the meantime.

Consultation feedback

Submissions highlighted a number of current non-compliance issues with the legislation. The submissions also raised concerns that the current transitional provisions create two sets of rules – one set for older facilities which are not currently compliant, and another set for new ones. This has led to perceptions of inequality.

Option

(i)         All facilities must apply for an approval to operate and complete a management plan within five years of the legislation taking effect

Under this option, it is proposed that facilities must apply for an approval to operate, which includes submitting a management plan, within five years of the legislation taking effect. Until the application for approval to operate has been submitted and approved, the annual licensing provisions will continue to apply to ensure that the facility is still being regularly monitored and remains compliant with the prior provisions of the Caravan Parks Act.

If this option is preferred, it is suggested that the following provisions are adopted:

·    All facilities must apply for approval to operate within five years of the legislation taking effect, and

·    Annual licencing and inspections in accordance with the current provisions will continue to apply until an approval to operate is received.

Discussion

It is important to note that one of the key principles of this review is to reduce red tape while managing risks associated with the operation of facilities, and providing flexibility for operators. Hence it is likely that the new legislation will be less prescriptive, and as such, existing facilities which are compliant with the current requirements should not be adversely affected under the new Caravan Parks Act.

It is however acknowledged that there may be some facilities which are not compliant, and enough time needs to be provided to allow those facilities to make the necessary modifications to become compliant with the Caravan Parks Act. Facilities must also be allowed adequate time to prepare a management plan as part of their application for an approval to operate.

As noted, prior consultation identified issues with facilities operating under different provisions as a result of the transitional provisions introduced in 1997 when the Caravan Parks Act first came into effect. For that reason, the option proposed is that all facilities will be required to comply with the same minimum standards. This removes any confusion and difficulties in enforcing the provisions as the relevant enforcement agency is clear on what provisions apply. This is particularly applicable as each facility will eventually have their own management plan which is specific to it, and local governments will assess each facility against its individual management plan.

To enable all facilities to prepare a suitable management plan, it is proposed that an application for approval to operate can be submitted to the relevant local government at any time within the first five years, provided that it is approved by the end of the fifth year. During this period, the annual licensing and inspection requirements as prescribed in the current legislation will continue to apply. The incentive is for facilities to prepare their management plans and apply for the approval to operate, to avoid the ongoing annual licence requirements. Local governments will use the existing provisions as the basis of the inspections until such time as a management plan is approved.

This approach may be burdensome on local governments in the short term during the transition period; however, it is considered to be the best approach to ensure that all facilities have adequate lead time to prepare a compliant management plan.

Recommendation

·    Option (i)       All facilities must apply for an approval to operate and complete a management plan within five years of the legislation taking effect.

 

Guidance questions

·    Question 37: Are there any other options available for transitional provisions?  What advantages would these bring?

·    Question 38: Is five years enough time for operators to prepare management plans, apply for and be granted approvals to operate? Why or why not?

12.2     Converted accommodation vehicles    

Consideration must also be given to transition provisions for accommodation vehicles that are no longer roadworthy and how, or whether, these will be managed under the Caravan Parks Act.

Issues

It is recommended in this paper (at Section 12) that accommodation vehicles with rigid annexes and carports attached, and/or those that have been converted to building-like structures should be assessed under the Building Act. The issue is how this impacts on current occupiers who are in vehicles that cannot be licensed because they cannot be moved - such vehicles may be unlikely to pass a building inspection.

Objective

The objective is to ensure that the financial impact of the new legislation on occupiers of converted accommodation vehicles is minimal, while still introducing measures to protect their health and safety.

Consultation feedback

Feedback received on the previous proposal suggested that caravans that had been converted for permanent residence should be assessed as buildings under the Building Code. Concern was raised in the submissions that this would have a significant impact on occupiers of these vehicles, as they may be unlikely to pass a building inspection.

Options

(i)         All converted accommodation vehicles must be assessed under the Building Act within one year

This option proposes that within one year of the legislation taking effect, all converted accommodation vehicles must undergo a building inspection to ensure they are fit to be occupied.

If this option is preferred, it is suggested that the following provision is adopted:

·    All converted accommodation vehicles that are no longer licensed under the Road Traffic Act must be inspected under the Building Act within one year of the legislation taking effect. These will be required to become compliant habitable transportable buildings for the purposes of the Building Act.

(ii)        The legislation is not applied retrospectively to converted accommodation vehicles

Under this option, it is proposed that any converted accommodation vehicle that has been converted to a transportable building before the legislation takes effect will not be subject to a building inspection unless there are any future substantial modifications.

If this option is preferred, it is suggested that the following provision is adopted:

·    Any converted accommodation vehicles that are no longer licensed under the Road Traffic Act are exempt from the new provisions subject to any future substantial modifications.

(iii)       The legislation is not applied retrospectively to all converted accommodation vehicles; however, basic minimum standards are prescribed to protect the health and safety of the occupiers and surrounding users

This option proposes that any converted accommodation vehicle that is not able to be licensed under the Road Traffic Act will not have to pass a building inspection; however, basic minimum standards will be necessary. These will be designed to protect the health and safety of residents, including neighbours.

It is proposed that the minimum standards will include the fitting of smoke alarms and residual-current devices (RCDs). It would be mandatory that smoke alarms and RCDs be installed prior to the converted accommodation vehicle being sold, rented, leased or hired out. This is already a requirement under the Building Act and Regulations (smoke alarms) and the Electricity Act 1945 and Regulations (RCDs).

If this option is preferred, it is suggested that the following provisions are adopted:

·    Any converted accommodation vehicles that are no longer licenced under the Road Traffic Act are exempt from the new provisions, subject to any future substantial modifications

·    All converted accommodation vehicles must ensure that smoke alarms and RCDs are fitted within 12 months

·    Converted accommodation vehicles must have smoke alarms and RCDs fitted prior to being sold, rented, leased or hired out, and

·    Converted accommodation vehicles must be capable of assessment as a Class 1a building under the Building Code prior to being sold.

Discussion

In considering the various options for converted accommodation vehicles, it is important to acknowledge that occupiers of permanent converted accommodation vehicles may have no other option for accommodation. Additionally, long-stay occupiers provide financial security to facility owners during off-peak times and can be a significant percentage of their market.

Option (i) proposes that all converted accommodation vehicles must be assessed within 12 months of the legislation taking effect. While this option will ensure that converted accommodation vehicles are safe for occupiers, it may also result in significant costs to users and facilities to become compliant. Another concern is that the vehicles may be condemned if they cannot be made compliant. A significant proportion of these vehicles are unlikely to be compliant with the current legislation. In this situation, occupiers will need to find alternative accommodation and the vehicle itself will need to be removed. In addition to imposing costs onto both the occupier and facility, it may remove the financial security of having the permanent occupiers on sites and depending on the location of the park, it may be extremely difficult for occupiers to secure alternative accommodation.

The benefit of option (i) is that if non-compliant vehicles are removed, it creates additional sites for short-stay tourists. It also provides the safest solution.

Options (ii) and (iii) propose that converted accommodation vehicles already in existence when the legislation takes effect do not have to comply with the new requirements to be assessed under the Building Code. This will ensure that current occupiers will not lose their home, and that operators continue to have their guaranteed rent. However, it does place a risk - not only on the occupiers as the vehicles may be unsafe, but also on other users of the parks, especially if the converted accommodation vehicles pose a fire hazard. It does not, however, seem reasonable that a person who cannot afford more substantive accommodation, or who prefers to live a caravan park lifestyle, should be put at risk.

Under option (iii) converted accommodation vehicles will not have to comply with the Building Code; however, basic health and safety measures will be prescribed. This is likely to include the requirement to install smoke alarms and RCDs. This will result in a cost to the owner of the vehicle but the added protection it provides is considered to justify the cost. In addition, if there are any significant future changes to the vehicle, a building inspection will be required to ensure compliance with the Building Code. A change deemed significant enough to require assessment under the Building Code would include, but is not limited to, the construction of a permanent annexe or carport after the legislation has come into effect. The department, in consultation with other relevant agencies, could develop and make available guidance material to assist local governments and occupiers with the assessment process.

As discussed at Section 10 of this paper, it is already a requirement under the Building Act and Regulations that smoke alarms be fitted prior to the sale, rental, lease or hire of a building. Under that legislation, a new owner is able to recover the costs of installing smoke alarms from the previous owner/seller if they were not installed prior to the sale. The Building Regulations already provide options for installation of smoke alarms where it is not possible to connect them to the mains or have them installed by an electrician (as is likely to be the case with most converted accommodation vehicles). The alternative to a mains-connected (or hardwired) smoke alarm under the Regulations is that a smoke alarm may be fitted in an appropriate alternative location provided it has a 10 year life battery that cannot be removed. Under Regulation 61 of the Building Regulations, local governments can approve the installation of such battery powered smoke alarms. The installation of smoke alarms is therefore considered to be a reasonable requirement for all converted accommodation vehicles.

The Electricity Regulations 1947 legislate that residential premises must have at least two RCDs installed prior to sale, leasing or hire, regardless of whether the premises are occupied by the owner. Additionally, common property relating to residential premises must have at least one RCD per switchboard. As it is already a legislated requirement that residential premises must have at least two RCDs installed, it is considered reasonable to require that they be installed in converted accommodation vehicles used for residential purposes.

Preliminary research has suggested that the cost of a compliant smoke alarm may be approximately $50, not including installation. Installation costs may vary dependent on the type of smoke alarm (e.g. battery powered or mains-connected/hardwired).  RCD costs are similarly variable, ranging anywhere from $200 to $500. Some suppliers may also be able to install both smoke alarms and RCDs simultaneously as a package. 

Under option (iii), it would be a requirement that if a converted accommodation vehicle was to be sold, it must first be assessed against the requirements of a Class 1a building under the Building Code. As previously discussed, the Building Code allows flexibility to the extent that buildings must meet the performance standards set by the Code, and local governments have the power to approve alternative building solutions under the Building Regulations.

To provide safety to occupiers and users, with the least financial and emotional impact on users and operators, it is recommended that option (iii) be adopted.

Recommendation

·    Option (iii)     The legislation is not applied retrospectively to converted accommodation vehicles; however, basic minimum standards applying to the vehicle are prescribed to protect the health and safety of the occupiers and surrounding users.

 

Guidance questions

·    Question 39: What other simple, low cost options should converted accommodation users have to comply with to ensure their health and safety?

·    Question 40: Do you agree that the legislation should not be retrospectively applied to converted accommodation vehicles? Why or why not?

·    Question 41: What do you think constitutes a significant change that would trigger assessment under the Building Act?

·    Question 42: Can you identify any additional costs or benefits to assessing converted accommodation vehicles under the Building Act? What are they?

13.

14. Regulations

The new Holiday Parks and Camping Grounds Act will be supported by regulations. While this paper discusses some of the general content that will be incorporated, the final content cannot be finalised until the framework of the legislation is determined.

Overall, it is expected that the regulations will prescribe the following:

·    The minimum standards that facilities must abide by

·    Modified penalties

·    Prescribed form and content of the management plan, and

·    Prescribed forms, including an infringement notice and approval to operate.

The existing Regulations will be reviewed at a later stage, during which time public input will be sought.

 

Appendix 1

Summary of proposed options and suggested provisions

Definitions updated to reflect current terminology

‘Holiday park’ will mean an area of land on which accommodation vehicles and/or tents are situated for habitation, primarily by short-stay occupiers. In accordance with section 2, zoning and local planning schemes will dictate what buildings are allowed on the land.

‘Accommodation vehicle’ is the term used to reflect all types of vehicles used or capable of being used for habitation. This includes caravans and campervans.

‘Vehicle’ is any vehicle as defined under the Road Traffic (Administration) Act 2008.

The current definition is:

vehicle includes —

          (a)     every conveyance, not being a train, vessel or aircraft, and every object capable of being propelled or drawn, on wheels or tracks, by any means; and        

          (b)     where the context permits, an animal being driven or ridden;

‘Facility’ will mean a holiday park or camping ground.

‘Camp’ (noun) will be replaced by ‘tent’ to mean any portable tent which, apart from any rigid support frame, has walls and a roof of canvas or other flexible material.

‘Camp’ (verb) will mean to stay or lodge in a tent, or other accommodation vehicle. This definition will be based on the definition in the Conservation and Land Management Regulations 2002.

The legislation is to be titled the Holiday Parks and Camping Grounds Act.

Implementation of this recommendation is likely to be relatively simple, as it will not have a substantial impact on operators.

A facility that has designated two or more sites for short-stay accommodation vehicles and/or tents requires approval to operate. Residential parks must provide 10 such sites, or a prescribed percentage of the sites, to be eligible for an approval to operate.

·    Any facility that provides two or more sites designated for accommodation vehicles and/or tents requires an approval to operate

·    Any residential development consisting mostly of park homes for the purposes of long-term residential living must provide 10 designated sites for short-stay accommodation vehicles and/or tents, or a prescribed percentage of such sites, to be eligible for an approval to operate

·    Residential parks already established on caravan park or tourism zoned land will continue on that land; however, proposed new residential park developments should not access caravan park or tourism zoned land in the future

·    Land zoning, local planning schemes and other planning instruments will determine the types of accommodation allowed on a park, with the mix of accommodation types forming part of the approved management plan (see Section 8)

·    Unless owned by the owner of the facility, any buildings and associated structures on that facility must be transportable

·    All buildings, including transportable buildings, must be compliant with the Building Act and

·    Park homes are to be treated as buildings under the Building Act and must comply with the relevant provisions of that Act. They will no longer be considered caravans or captured under the Caravans Act.

Implementation of this recommendation may include the preparation of fact sheets for local governments and park operators to assist them in determining whether they need to apply for an approval to operate.  Guidance material would also be prepared to assist in the development of management plans and the assessment of park homes under the Building Act.


 

Local governments can grant unlimited approvals to the landowner to offer a campsite for an accommodation vehicle and/or tent for up to three months at a time subject to appropriate consultation and risk assessment

·    A person may camp for up to three nights in any 28 day period on land where the landowner has given permission

·    A landowner may apply to the local government seeking approval for a person to camp longer than three nights but not more than three months. This includes if the intention is to make their property available for more than three nights in any 28 day period

·    Applications will need to be accompanied by a prescribed fee

·    Only one accommodation vehicle and/or tent is allowed on the property at any time without an event approval

·    A local government must consult with the affected neighbours, consider the health and safety of users, impact on the environment and feasibility of staying in an approved facility before an approval can be granted

·    A local government can continue to renew an approval; however, a full assessment is required with each renewal

·    A management plan must be submitted with each application which addresses basic health and safety concerns, including waste management and access to water, and

·    If a local government refuses an application, the applicant can appeal to the SAT.

Implementation of this recommendation may include the preparation of guidance material to assist park operators to prepare management plans and assist local governments to assess those management plans against the requirements of the Caravan Parks Act.

Status Quo

·    All facilities providing sites for accommodation vehicles and/or tents are required to have an approval to operate and complete a management plan

·    Facilities operated by public sector agencies would remain exempt

·    The relevant local government will be responsible for ensuring compliance with the prepared management plan

·    The Minister may give directions to the local government to undertake a particular function of the legislation, and

·    The department may appoint an independent person to inspect facilities and enforce the legislation. Operators will be required to pay the costs associated with inspection and enforcement.

Implementation of this recommendation may include the preparation of guidance material to assist park operators to prepare management plans and assist local governments to assess those management plans against the requirements of the Caravan Parks Act.

Initial approval to operate granted, followed by annual inspections

·    An approval to operate is required for all facilities that provide two or more short-stay campsites for accommodation vehicles and/or tents

·    An approval to operate is required for all park home park facilities that provide 10 or more short-stay campsites for accommodation vehicles and/or tents or a prescribed percentage of sites on their facility are designated for this purpose

·    A temporary approval to operate can be granted by the relevant authority for specific events (refer Section 7)

·    An approval to operate is to be accompanied by a management plan (refer Section 8)

·    The management plan will provide the minimum conditions under which the facility must operate

·    A local government must undertake inspections annually; however, the period between inspections may be extended to no more than two years under certain conditions, and

·    If a new planning approval application is submitted or there are any redevelopments or substantial changes to a facility (including a change of owner), a new application for approval to operate must be submitted.


 

Implementation of this recommendation may include the preparation of guidance material to assist park operators to prepare management plans and assist local governments to assess those management plans against the requirements of the Caravan Parks Act.

Three approval to operate licence categories; Holiday Park, Nature Based Park and Event approval with one set of minimum standards applying to all

·    A holiday park approval will include caravan parks that traditionally provide mixed-use accommodation types, but specifically sites for accommodation vehicles and tents. Sites can be provided for both long-stay and short-stay.

·    A nature based park approval will be for facilities that are not in close proximity to an area that is built up with structures used for business, industry or dwelling-houses at intervals of less than 100 metres for a distance of 500 metres or more, and has been predominately formed by nature and has limited or controlled artificial light and noise intrusion. Stays will be restricted to no more than 28 days in any three month period.

·    An event approval will be for special events where there is more than one accommodation vehicle and/or tent outside of an approved facility. An approval cannot be issued for any period greater than seven days and no more than four approvals can be issued for the property in a year.

·    All facilities must abide by minimum standards as prescribed. These standards will be outcomes-based, rather than prescriptive, to allow for flexibility in approach.

Implementation of this recommendation may include the preparation of guidance material to assist park operators to determine which category of approval they would need to apply for dependent on their intended facility.

Preparation of management plans for all facilities operating under the Caravan Parks Act

·    A management plan must be submitted with applications for approval to operate

·    Management plans must provide for the minimum standards prescribed and any particular risks associated with the facility

·    A local government has the discretion to apply specific conditions to an approved management plan

·    A facility operator can appeal to the SAT to oppose the conditions required by a local government

·    An approval to operate is not issued unless the facility is compliant with the agreed management plan

·    Local governments must keep a register of facilities granted approval to operate

·    Facility operators must comply with the minimum standards as prescribed

·    Facility operators must keep a register of occupiers

·    Local governments to enforce the provisions through use of work specification notices, prohibition notices or cancellation of approval to operate. Court-imposed penalties and infringement notices will be prescribed, and

·    The department can appoint an independent person to enforce the provisions of the legislation on local governments.

Implementation of this recommendation may include the preparation of guidance material to assist park operators to prepare management plans and assist local governments to assess those management plans against the requirements of the Caravan Parks Act.

Increase penalties in accordance with the Food Act 2008 and Building Act 2011

·    All court-imposed penalties are increased to be consistent with similar provisions under the Food Act 2008 and Building Act 2011.

Implementation of this option may include the development of fact sheets detailing the increased penalties to assist in awareness-raising for both local governments and users.


 

Accommodation vehicles in holiday parks are either licensed under the Road Traffic Act 1974 or assessed under the Building Act 2011 as a transportable building

·    Any accommodation vehicle in a holiday park is to be licensed at all times under the Road Traffic Act

·    If the intention is to add rigid structures to an accommodation vehicle, the entire structure is to be assessed and approved under the Building Act as a habitable building. Approval must also be granted by the facility owner/operator, and

·    A converted accommodation vehicle will be considered a transportable building and must remain transportable.

Implementation of this option may include the preparation of fact sheets detailing the new requirements for accommodation vehicles and to assist local governments in assessing them against the requirements of the Building Act.

Proactive consultation with relevant stakeholders in place of an Advisory Committee

·    The Caravan Parks and Camping Grounds Advisory Committee is abolished in favour of proactive consultation undertaken with relevant stakeholders as required.

Implementation of this option may include establishing a sign-up email distribution list specifically for caravan park and camping ground updates and information, to develop a stakeholder network.

 

 

 

All facilities must apply for an approval to operate and complete a management plan within five years of the legislation taking effect

·    All facilities must apply for approval to operate within five years of the legislation taking effect, and

·    Annual licencing and inspections in accordance with the current provisions will continue to apply until an approval to operate is received.

Implementation of this recommendation may include the preparation of guidance material to assist park operators to prepare management plans and assist local governments to assess those management plans against the requirements of the Caravan Parks Act.

The legislation is not applied retrospectively to all converted accommodation vehicles; however, basic minimum standards applying to the vehicle are prescribed to protect the health and safety of the occupiers and surrounding users

·    Any converted accommodation vehicles that are no longer licenced under the Road Traffic Act are exempt from the new provisions, subject to any future substantial modifications

·    All converted accommodation vehicles must ensure that smoke alarms and RCDs are fitted within 12 months

·    Converted accommodation vehicles must have smoke alarms and RCDs fitted prior to being sold, rented, leased or hired out, and

·    Converted accommodation vehicles must be capable of assessment as a Class 1a building under the Building Code prior to being sold.

Implementation of this option may include the preparation of fact sheets detailing the new requirements for accommodation vehicles and to assist local governments in assessing them against the requirements of the Building Act.  The fact sheets would also make reference to consumer protection requirements upon the sale, transfer or similar of converted accommodation vehicles.


 

Appendix 2

Breakdown of submissions received in response to first Consultation Paper

The first consultation paper was released for an initial three month consultation period in 2014. Due to the number of submissions received, the consultation period was extended to four months.

In total, 127 submissions were received. These submissions can be categorised as follows:

Stakeholder Group                     Submissions

Caravan Park users                               42 submissions

Local governments                                39 submissions

Caravan Park operators                        22 submissions

Consumer representative groups                 9 submissions

State government agencies                 8 submissions

General public                               4 submissions

Industry representatives                        3 submissions


Item 9.3.1 - PROPOSAL FOR HOLIDAY PARKS AND CAMPING GROUNDS LEGISLATION

SECOND CONSULTATION

Submission Proposal for Holiday Parks and Camping Grounds Legislation

 

 

 

Co-badged Department of Local Government and Communities with the Department of Regional Development logo, and the Royalties for Regions logo

DLGC Myriad graphic element with caravan and camping icons


Second Consultation Paper - Feedback Form
Proposal for Holiday Parks and Camping Grounds Legislation

This form is part of an invitation for public comment on the Development of New Holiday Parks and Camping Grounds Act Consultation Regulatory Impact Statement, which can be found on the Department of Local Government and Communities’ website here: www.dlgc.wa.gov.au/CPCG-Consultation-Paper-2

The consultation paper is an initiative of the Western Australia Caravan and Camping Action Plan, which is supported by the State Government’s Royalties for Regions program to improve caravan park and camping experiences.

This form has been developed to assist you in preparing your submission. It contains all the proposals and guidance questions from the consultation paper. Please enter your comments in the boxes provided. It is not expected that all questions are answered.

Comments on all or part of the consultation paper are appreciated.

1.             Submissions

Comments, queries and submissions should be forwarded no later than
30 November 2015. Please direct all comments and submissions:

By email to:   caravan@dlgc.wa.gov.au
noting ‘Caravans and Camping Review’ in the subject line.

By post to:          Senior Legislation and Strategy Officer – Caravans and Camping Review

Department of Local Government and Communities

GPO Box R1250, Perth WA 6844

All responses to the consultation paper may be made publicly available on DLGC’s website. If you would prefer your name to remain confidential, please indicate this in your submission. If you would like the entire submission to remain confidential, please mark it “Private and Confidential”.

2.             More information

If you have any queries in relation to the consultation paper and this form,
please contact:

Email: caravan@dlgc.wa.gov.au 

Telephone: (08) 6551 8700
Freecall (country only): 1800 620 511

Fax: (08) 6552 1555

For a Translating and Interpreting Service (TIS) telephone 13 14 50.


Item 9.3.1 - PROPOSAL FOR HOLIDAY PARKS AND CAMPING GROUNDS LEGISLATION

SECOND CONSULTATION

Submission Proposal for Holiday Parks and Camping Grounds Legislation

 

 

About you                                  

Title:

Mr

Mrs

Ms

Miss

Other

If other, please specify:

[Click here to enter text.]

Given names:

Kenn

Surname:

Donohoe

*Street or postal address:

27 Weld Street Broome WA 6725

*Telephone:

Home

[Enter text.]

Mobile

[Enter text.]

Business

[Click here to enter text.]

*Email address:

[Click here to enter text.]

Which best describes you? (You can select more than one.)

A Camper

A Caravan User

A Recreational Vehicle Owner

A Long-Stay Tenant

A Camping Ground Operator

A Caravan Park Operator

A Local Government

A State Government Agency

An Organisation

Other

If Other, please state:

[Click here to enter text.]

If you are representing a local government, organisation or business, please state your job title:

Chief Executive Officer

Privacy and permissions. Submissions may be made public and published on the Department’s website. Would you like to:

Allow your submission to be published – without your name and *personal contact details.

Keep your submission Private and Confidential – do not publish anything.

I agree to all of my submission being published, including my name, except for my *personal contact details. (Your personal contact details will not be published.)

 

Your caravan and camping experiences (as an individual)

A. How often do you stay at caravan parks?

[Click here to enter text.]

B. When was the last time you stayed in a caravan park?

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C. What region of Western Australia was the caravan park in (if known)?

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D. How would you rate your last stay in a caravan park?

Poor

Average

Good

Excellent

E. What were the best things about the caravan park?

 

 

 

 

 

 

 

F. What could be improved at the caravan park?

    

 

G. How often do you stay at camping grounds?

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H. When was the last time you stayed at a camping ground?

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I. What region of Western Australia was the camping ground in (if known)?

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J. How would you rate your last stay at a camping ground?

Poor

Average

Good

Excellent

K. What were the best things about the camping ground?

 

 

L. What could be improved at the camping ground?

 

 

M. How often do you stay or camp at place outside of a camping ground or caravan park?

 

 

General comments                     

Use the space below for general comments about the consultation paper and/or caravan parks and camping ground

 Overflow camping outside an approved facility does not seem to be addressed – a common issues in the Northwest, it should be included in a suitable category.                                                                                                            Need to be conscious of duplicitous administration and sequencing related to requiring both a Development Application (which would be conditioned) and a Management Plan (which too presumably will come with conditions).                                           Need to ensure that BCA can be used effectively in relation to class 1A building assessments and clarity on assessment process in regard to section 10 ( Prerequisites of accommodation vehicles). Residential Park home parks should be subject to their own specific legislation as they are not Holiday parks. Management Plans will need clarification, specific templates and training and be prepared by a skilled person.                                               

 

 

 

 

Guidance Questions from the Consultation Paper

This section contains all the proposals and guidance questions from Consultation Regulatory Impact Statement ‘Development of new Holiday Parks and Camping Grounds Act’, which can be found online at: www.dlgc.wa.gov.au/CPCG-Consultation-Paper

It is recommended that you read the relevant section of the consultation paper before answering a question. Please note: it is not expected that all questions are answered. Comments on all or only part of the consultation paper are appreciated.

If you require more space for an answer, you can attach a separate page or pages as part of your submission.

Definitions

Question 1: Are there any additional definitions or terms that should be updated as part of the review? What are they?

Yes

Whilst park homes will be classified as a building under BCA, the definition of what a park home actually is, needs to be clearly stated in the new definitions of Holiday Park and Camping Ground Act .The distinction between permanent buildings/structures and caravans, mobile homes, accommodation vehicles, buses etc needs to be clarified.         

 

Extend definition of “tent” to include a swag which are commonly used in regional settings.         

 

 

 

Question 2: Do you support the proposed changes to the terminology? Why or why not?

Yes .                                                                                                                 Will assist end users with clarity in the context of the legislative changes proposed.                                                                                                       There is a more reflective and contemporary representation of holiday accommodation.                                                                                                                         Will assist with the assessment of accommodation types in Holiday Parks.

 

 

 

 

 

Question 3: Can you identify any significant costs or benefits that would result from a change in terminology? What are they?

Benefits :                                                                                                             Clarity for end users .More reflective of current market conditions and experience.                                                                                                             A park home will no longer be considered a caravan and will have the added safety of an assessment under the BCA.                                                                      Costs: Assessments under BCA for some installations might have associated cost. However this cost could be reduced by using an “alternate solution” process as per BCA provisions.  It may be possible to develop suitable guidelines for some structures by using relevant BCA provisions as a reference standard.                                                            The safety benefits will out weight the cost of applications under BCA.                                                                                                               Some providers may voluntarily wish to update signage and directory listings to reflect Holiday Park in the longer term but it is unlikely this would be a significant impost.                                                                                                                            There may be a time and cost impact if new park homes loose access to land zoned for caravan parks.                                                                                                                                  .                                                                                                            

 

 

 

Application of the legislation to facilities

Recommendation: A facility that has designated two or more sites for short-stay accommodation vehicles and/or tents requires approval to operate. Residential parks must provide 10 such sites, or a prescribed percentage of the sites, to be eligible for an approval to operate.

Question 4: Are there any circumstances where this recommendation will not capture facilities that should be licensed? Please provide examples.

Yes. Residential park home parks.                                                          They should be licensed under their own regulation. They do not require a minimum number of short stay sites as they are not Holiday Parks.                                                                     However for holiday parks with residential accommodation, consideration of the target market of the caravan park owner must be taken. As the number of total sites for each establishment will vary, a prescribed percentage of short stay of the sites would be more appropriate.                                                                                                      One of our current Shire Policies (4.2.9 ) states the maximum number of sites at caravan parks within our townsite that can be used at a facility for long stay sites and /or on site caravan sites is to be limited to 40%. This is to ensure adequate sites are available at Caravan Parks during tourist season. The main reason of a holiday park is for short stays as defined in its definition. 68% of people in the first consultation already supported park homes to be recognised as residential development rather than holiday parks

 

 

 

 

 

 

 

 

 

 

 

Question 5: Is it appropriate for residential park home park developments to be regulated under the Building Act and Code rather than the Caravan Parks Act? Why or why not?

 

 Yes.  Residential Park homes parks are being used for permanent residential use, so should comply with the Building Act and Code.                                                                                                              Apart from temporary facilities on a building site (site office, storage and ablutions) or temporary structures proposed to be located no longer that one month on site, the Building Act, Regs & BCA applies to permanent buildings and structures like park homes.  

 
 

 

 

 

 

 

 

 

 

 

 

 


Question 6: Do you agree that a residential park home park must provide a set number (for example, 10) of designated short-stay sites to be eligible for an approval to operate under the Caravan Parks Act? Why or why not?

 Residential park home park with short stay could be eligible for an approval to operate under the Caravan Parks Act, but this should be set on a % instead.      Large residential park home parks should be subject to separate legislation as they are not used for camping, and are not a “holiday park” .Their standards should meet needs for permanent dwelling facilities development.     

This would assist in the shortage of short stay sites during high peak season.

                                                                                                            

 

 

 

 

 


 

Question 7: Should residential park home parks instead set aside a prescribed percentage of the facility for short-stay use? What should that percentage be?

Yes, as explained in question 6

The % should be left to each Local Government.

 

 

 

Question 8: Can you identify any additional costs or benefits arising from this option? What are they?

Issuing an approval to operate as opposed to a licence would reduce the annual licence renewal income for local Gov. This could be recovered by an inspection fee based on cost recovery. Issuing an approval as opposed to annual licence would reduce an annual administrative burden on Local Government.  For new operators, there may also be some time and cost impact if new park homes loose access to land zoned for caravan parks.                               

                

  

 

 

 

 

 

Camping at a place other than an approved facility

Recommendation: Local governments can grant approval to camp outside of an approved facility for up to three months at a time, subject to appropriate consultation and risk assessment.

Question 9: Is it appropriate to ask applicants who wish to make their property available for camping to provide a management plan outlining basic health and safety requirements? Why or why not?

Yes. Primarily a baseline for public health, safety and amenities to be met. This practice is already in place in many Local Governments enabled by policies and works well to ensure the activity is not causing health harm, nuisance & negative impact on surrounding amenities. Our policy limits in most cases for up to 3 months to enable people to temporarily use caravan accommodation for short stays in a period of shortage, family assistance but to limit/discourage current abuses of extended and unapproved stays in certain areas, e.g. light industrial areas. After 3 months most visitors are gone and an extension would need strong valid reasons as caravan parks would be available to meet extended time demands.

 

 

 

 

 

 

 

 

 

Question 10: Is it appropriate for local governments to undertake a complete review of the circumstances every three months? Why or why not?

No. The Shire of Broome as per policy ( 4.2.10) does not support renewal of approval after 3 months by Local Government.

However, the Shire of Broome as per same policy does approve occupation for up to 12 months with Building Permit for building of the main residence out of town where caravan parks would not be accessible.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Question 11: Should local governments have the authority to decide how long a person is allow to camp on private property in their district? Why or why not?

No  . Our current policy prevents pressure and liability put on Local Government to extend periods over 3 months of camping outside a caravan park and allows consistency across the town and subsequently a better rate of success with enforcement of illegal camping.  We support the status quo in regards to a request for a referral to the Minister for an extension after 3 months. This would reduce pressure on Local Government to approve and liability to go to SAT with requests of renewal that would be unlikely to be supported.

Local Government would continue to support application of renewal by providing letter of support to the State in response to local conditions that would benefit from an extension of 3 months up to one year. This would help with variance of circumstances across regional and urban areas and allow some level of discretion to allow site specific considerations and renewals based on need.

 

 

 

 

 

 

 

 

 

 

 

Question 12: What are the potential costs and benefits of allowing people to camp outside of approved facilities for extended periods of time?

Benefits  to camp up to 3 months allows a site specific response to local issues that may arise such as maintaining site security via a groundskeeper in a rural or regional area, allow family/ friends to stay by providing some help during illness, child care, assistance when building/ renovating a house.  Travelling from in and out of a caravan park might not be always practical when living in remote areas. This might assist with shortage of sites in busy periods.                                                Cost: Holiday parks would loose income. Local government does incur costs with assessment and consultation requirements, cost is recovered with a lodgement fee.

If not approved, cost of enforcement of long term illegal camping.                                                     

 

 

 

 

 

 

 

 

 

State government and local government facilities

Recommendation: Status Quo.

Question 13: How should local governments and state government agencies be held accountable for complying with the legislation?

As per Status Quo otherwise it would lead to an increase in costs, complexity and bureaucracy and potentially would have an impact on the usage of the parks – which is counter to the intent of the revised policy. Both State and Local Government agencies work well and provide affordable and safe facilities.                                                             Also there is a need to be conscious of joint management facilities to ensure legislation is enforceable and consistent.         

 

 

 

 

 

 

 

Question 14: Should users have the ability to lodge a complaint against a state government-run or local government-run facility with the Minister or the State Administrative Tribunal? Why or why not?

No ultimately the additional administration and cost would outweigh the benefit for parties - there is little evidence of issues at the present as they seem to be dealt withefficiently across facilities by State and Local Government agencies. SAT is to facilitate the review of decisions.

 

 

 

 

 

 

Question 15: Can you identify any other potential costs or benefits that may result from keeping the status quo? What are they?

The benefit is the legislation reinforces the intent and keeps costs static – increased regulation will likely be passed on to end users making facilities less attractive and less price competitive. In regards to Crown and State facilities being exempt to comply, it is worthwhile noting the new Health Bill will bind the Crown/ State government. Aligning legislation would be good timing and allow consistency across agencies. The new Act should consider changes in a near future.

 

 

 

 

 

 

 

Licencing of facilities

Recommendation: Initial approval to operate granted, followed by annual inspections.

Question 16: Do you believe this proposal is the best option for users, operators and local governments? Why or why not?

Yes – It reduces administration and red tape and allows cost recovery but does not create the large chance of backlogged maintenance requirements which may result under option 3.                                                                                                                      

 

 

 

 

 

 

Question 17: Do you think an annual inspection is appropriate? Do you support the option for local governments to extend the inspection period for up to two years? Why or why not?

Yes Annual appropriate. Each Local Govt is different (level of isolation, number of facilities, type of facilities with variable risks.) and Loc Gov should be left to decide what is best. Risk rating premises using an industry consistent risk rating tool for parks would determine the frequency of inspection. Isolated and remote premises should be inspected yearly as the risk is higher to encounter non-compliance. (They have a high turnover of itinerant staff and maintenance availability is lower). Isolated CP are generally off the water scheme and need to be visited up to 2 times a year to sample drinking water so a second shorter visit is generally undertaken under requirement of the Health Department for drinking water.

 

 

 

 

 

 

 

 

Question 18: Are there any other potential costs or benefits of this option that have not been addressed? What are they?

Local Government will miss out on income of annual renewal fees, but this can be alleviated by adoption of inspection fees based on recovery costs.

The approval process including the review of management plans could be lengthy for Local Government if the quality of the management plan is poor and not prepared by skilled people. Guideline documents and templates recently published for Nature Base are very broad and lacking technical guidance leaving the applicant with little technical information to support their application.

Further guidance material will need to be available to assist operators to determine which category of approval they would need to apply for and what supporting information they need to include in their application.

We are currently receiving poor management plans for Nature Base applications. Loc Gov. will need to be consulted to establish how management plans will be assessed.

Training would be required for local government and applicants.

 

 

 

 

 

 

 

 

 

 

 

 

Licence categories

Licence categories

Recommendation: Three approval to operate categories: Holiday Park, Nature Based Park and Event approvals, with one set of minimum standards applying to all.

Question 19: Is it appropriate for all holiday parks and camping grounds to operate under the same set of minimum standards? Why or why not?

 We also support the 3 levels of categories: holiday parks, nature based and events approval but they should not be operating under the same set of standards. Due to the varying nature of the use, camping experience and ability to provide amenities each should be treated with their own separate set of minimum requirements. For these reasons  a combination of option (ii) and (iv) would be better. Have 3 categories: holiday park, nature based and events approvals but with a set of minimum standards for each category.

 
Yes, as camping grounds are included in the proposed category of Holiday parks.

 

 

 

 

 

 

Question 20: Are there any other types of facilities that should be categorised separately? What are they and why?

Yes. Overflow facilities outside a caravan park should be included somewhere. Our Council has a policy limiting stay for 7 days.            Residential park home parks should have their own legislation.

 

 

 

 

Question 21: Should event approvals be limited to seven days and four approvals per year? Why or why not?

Seven days would cover almost all event scenarios allowing two days bump in and out and a three day festival, Seven days would be in line with our overflow facility policy due to lower level of amenities required in the category. Approvals on the same property should not be be limited to 4 / year as this should be left for each Council to address according to  regional needs. Some towns might have a limited number of suitable properties and may be used up in peak season and therefore not support the development of shoulder season activity. Risk can be assessed and managed without requiring upgrade to a caravan  park facility.                                         

                                                              

 

 

 

 

 

 

 

 

Question 22: Can you identify any additional costs or benefits to this option that have not been discussed? What are they?

Compliance and time costs in lodging applications, understanding requirements and having to be across new categories of regulation which may get confusing. This is a cost for the applicant and Local Government.

 

 

 

 

 

 

 

 

 


 

Conditions for approval to operate

Recommendation: Preparation of management plans for all facilities

Question 23: Do you think this promotes a flexible operating environment for operators? Why or why not?

Yes. Although we would advocate being conscious that it is another form of administration which requires resources, time to develop and assess. This process will need to be as streamlined as much as possible with examples of management plans provided to Local Govt for assessment guidance and applicants for lodgement guidance. Each type of category (Holiday/Nature Based/events) needs its own specific management plan template which includes the details specific to the type of use. As mentioned earlier the new management plans templates for Nature Based are not specific enough and lack clear direction. To prevent confusion for the applicant, a different set of standards for each category with specific template should be used as opposed to operators proposing how they can meet a minimum set of standards.

 

 

 

 

 

 

 

 

 

 

Question 24: Will less prescriptive regulatory requirements result in insufficient information being provided in support of development applications?

Possibly. Applications can be assessed in a manner that is specific to the circumstance and facility allowing for flexibility to region and context as long as the information provided is of good quality. Generally, guidance material for nature based park management plans available is broad and lacking technical guidance leaving the applicant with little technical evidence to support their application. The lack of specific skills and experience of nature base applicants in preparing management plans has the potential to lead to application of poor quality.

The quality of the application and management plan is critical and therefore should have more detailed guidelines to assist and streamline preparation of such plans and assessment by Local Government.

 We should focus on different set of standards for each different categories as opposed to operators proposing how they can meet the standards. The management plan should not be used as a tool to vary the minimum set of standard of a category.

Small facilities might be less financially able to obtain specialist advice and this highlights the importance of creating clear guideline documents, examples and templates that are defined and request specific information for each category.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Question 25: Is it feasible to prepare a management plan concurrently with a development approval? Why or why not?

 Yes. The operator should know the target market, their design and their intentions at the time that they put the planning application in. Otherwise both would require conditions and this dual submission could be problematic; it is more likely that the DA would be determined with conditions therefore influencing the format or content of the management plan this then again may possibly increase confusion.  The management plan should not be used as a tool to vary the minimum set of standard of a category.

Minimum standards should be fixed for each category.

 

 

 

 

 

 

 

 

Question 26: Do you agree that local governments should have the ability to require that operators provide services at standards above the prescribed minimum? Why or why not?

Yes as this allows for site specific safety and other community concerns to be addressed – the state is vast and different so there should be a level of discretion in areas such as bushfire zones, proximity to culturally significant sites, remoteness and cyclone prone areas.

 

 

 

 

 

Question 27: Can you identify any additional costs or benefits arising from the requirement to prepare a management plan? What are they?

 People will likely to require consultant input in their preparation which will come at a cost. The local Govt will require training in assessment.                                Consideration should be taken to include a noise management element into the Management Plan in some applications not discussed so far.

Small facilities might be less financially able to obtain specialist advice and this highlights the importance of creating clear guideline documents, examples and templates that are clear and requesting specific information for each category.

 

 

 

 

 

 

 

3.            
Penalties

Recommendation: Increase penalties in accordance with the Food Act 2008 and Building Act 2011

Question 28: Do you think increasing penalties in line with the Food Act and Building Act is appropriate? Why or why not?

Yes it makes it more reflective of modern requirements and creates an incentive for compliance meaning best practice is more likely to be factored into the risk management regime of operators.

In addition, there could be a provision for modified penalties (fines on the spot) as an easier process of enforcement for Local Government. This would be in line with the BCA having higher fees and modified penalties as a quicker process.

 

 

 

 

 

 

 

 

Question 29: Do you agree that higher penalties will increase enforcement and compliance? Why or why not?

Yes it ultimately acts as an incentive and places more focus on owners doing the right thing, increasing customer satisfaction.

 

 

Question 30: Do you agree that bodies corporate should be liable for a higher penalty than individuals? Why or why not?

Yes these entities will generally have more resources, governance structures and insurance coverage and baseline compliance and processes in place. Decisions of body corporate are made by a group, so all should bear the cost.  

 

 

 

 

 

 

Question 31: Can you identify any additional costs or benefits that have not been considered in the discussion of this option? What are they?

The industry would benefit from a lead in period and a schedule of revised penalties to be given time to adjust and understand the new penalties.

 

 

 

 

4.              

5.             Prerequisites of accommodation vehicles

Recommendation: Accommodation vehicles in holiday parks are either licensed under the Road Traffic Act 1974 or assessed under the Building Act 2011 as a transportable building.

Question 32: Do you agree that accommodation vehicles converted for the purpose of permanent habitation should be assessed under the Building Act rather than the Caravan Parks Act? Why or why not?

 The BCA does not recognise or address temporary structures and vehicle accommodation. So trying to assess accommodation vehicles or similar, whether existing or new under this regime would be inappropriate and impractical as the vehicle would have to be assessed with all the requirements of a permanent Class 1a dwelling.                                                                                                                It would be highly unlikely to achieve this particularly in cyclonic regions. Notwithstanding this there are some provisions in the BCA that could be developed as a suitable standard/guidelines for such vehicles.                                                Any associated permanent structures associated with accommodation vehicles( hard annexe, carports) would need to be covered under Building Act and BCA provisions. 

 

No.– The practicality and feasibility might have been overlooked and simplified. Would recommend a generous phase in period to support this change and examination of how well this assessment will work on the ground in regards to people being able to achieve BCA compliance.

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Question 33: What are the costs and benefits of this proposal for both users and facility operators?

Costs could be large for those requiring approval and may not be appropriate and may be impracticable.

Transportable or demountable type buildings are structures that are manufactured in a factory under a suitable QA process that allows then to be designed and constructed to meet BCA requirements along with a suitable structural tie down system to be incorporated into the onsite construction especially for cyclonic regions. These are permanent buildings so to apply these provisions whether retrospectively or new to accommodation vehicles or similar are not appropriate and highly impracticable.                                                                                                                      It would be wise to seek comment from industry associates bodies on what alternative solutions/ guidelines that could be implemented for accommodation vehicles. Most CP would require regular audits of accommodation vehicles by a private building surveyor/ engineer to deem the building still complying once installed to ensure no modifications have been included and maintenance program in place.

 

 

 

 

 

 

 

 

 

 

 

 

 

 
Advisory Committee

Recommendation: Proactive consultation with relevant stakeholders in place of an Advisory Committee.

Question 34: Do you support this recommendation? Why or why not?

Yes this reduces costs and allows communication across areas experiencing the same issues as opposed to one size fits all committee arrangement

 

 

 

Question 35: What consultation methods should be used to ensure feedback from the broader industry (including operators, consumers and local governments) in the future?

Surveys, blogs, app based real-time feedback of consumer experience, cluster of local governments that have the same environmental or demographic factors to share experience.

 

 

 

Question 36: Can you identify any particular costs or benefits associated with disbanding the Committee in favour of a more flexible direct consultation framework? What are they?

Benefits would be that feedback can be more targeted and relevant by talking to the right bodies (regional, tourist, beachfront, nature based) this avoids non relevant administration of a one size fits all committee arrangement

 

 

Transitional provisions

1.         Holiday parks and camping grounds

Recommendation: All facilities must apply for an approval to operate and complete a management plan within five years of the legislation taking effect.

Question 37: Are there any other options available for transitional provisions? What advantages would these bring?

We agree with the proposed transition. However, there is hesitation about MP and outcome based standards in preferred option presented in consultation as explained in question 24 .Other option preferred would be an approval process for each category that would have its own standards.

 

 

 

 

 

 

 

Question 38: Is five years enough time for operators to prepare management plans, apply for and be granted approvals to operate? Why or why not?

Yes overall 5 years allows adequate examination of market trends, positioning and time to resource and create a management plan although examples and support should be given to assist operators in this process with a starting point and format including what a MP looks like and what it should include. Assessment training should also be given to Local Governments to meet the legislative desire for consistency of application.

 

 

 

 



 

6.              

2.         Converted accommodation vehicles

Recommendation: The legislation is not applied retrospectively to converted accommodation vehicles; however, basic minimum standards applying to the vehicle are prescribed to protect the health and safety of the occupiers and surrounding users.

Question 39: What other simple, low cost options should converted accommodation users have to comply with to ensure their health and safety?

Fire safety provisions using smoke alarms, distance separation, RCD’s, Gas compliance/safety certification,suitable structural tie downs for cyclonic regions could be considered, bearing in mind actual accommodation vehicles and similar could not be considered as structurally adequate as there are not designed as buildings. Possible to consider some basic light and ventilation provisions from the BCA as guidelines. Loc Government should not have to cover expenses in doing inspections for retrospective illegal works as this would be a conflict of interest. We support that the legislation is not applied retrospectively to existing converted accommodation vehicles; however, basic minimum standards such as smoke detectors and RCDs are fitted within 12 months or earlier when converted accommodation is being sold, rented, leased or hired out.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Question 40: Do you agree that the legislation should not be retrospectively applied to converted accommodation vehicles? Why or why not?

Yes, a vehicle is not a structure; therefore the provisions of the Building Act cannot apply. Retrospective applications would be costly and difficult for most converted accommodation vehicle owners to meet and would unfairly disadvantage people who may struggle to meet the compliance costs.                                       However, vehicle accommodation could be brought to higher compliance prior to a sale or when upgrades are proposed. Many structures are old, have not been maintained or have been modified since installation. This would offer a smoother transition with less financial burden on owners in the immediate term. Some compromise is needed to ensure safety of converted accommodation vehicles and not being able to apply the provisions of the BCA. Requirement for already converted accommodation vehicles to maintain registration is another unnecessary cost – keep the wheels on the vehicle, so that it can be moved with a Dept of Transport “temporary movement permit” or loaded onto a flat bed truck if relocation was necessary.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Question 41: What do you think constitutes a significant change that would trigger assessment under the Building Act?

Permanency in a location or the affixing of materials / enhancements that are not quickly and easily reversible in response to safety of emergency factors (i.e. a cyclone warning. This could include hard annexe, carport, park homes modifications, shed other hard wall structures

 

 

 

 

 

Question 42: Can you identify any additional costs or benefits to assessing converted accommodation vehicles under the Building Act? What are they?

Benefits primarily relate to safety and buyers knowing what they are getting, costs associated with trying to assess and convert accommodation vehicles under BCA requirements would be unreasonable and potentially prohibitive. Better off trying to develop suitable low cost guideline requirements like mentioned in question 39.

 

 

 

 

Thank you for participating in this consultation process. Your comments are important to us and will be considered for the development of the new caravan parks and camping grounds legislation. For enquiries email: caravan@dlgc.wa.gov.au  or telephone: (08) 6551 8700 or Freecall (country only): 1800 620 511.

 

 

 


Agenda – Ordinary Meeting of Council 26 November 2015                                                                     Page 489 of 490

 

9.3.2      BROOME AS A REGIONAL GROWTH CENTRE - HIGH LEVEL PROJECT SCOPE AND CONSIDERATION OF MOU WITH STATE GOVERNMENT

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           TBA

AUTHOR:                                                   Deputy Chief Executive Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Deputy Chief Executive Officer

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    29 October 2015

 

SUMMARY:         The Shire of Broome applied (in partnership with the Kimberley Development Commission) and has been selected to be one of four Regional Growth Centres across the State in partnership with the State Government. 

This report outlines what a growth centre is designed to be, how the process will work and resources required.

The report seeks Council endorsement to enter into a Memorandum with the State Government to prepare the Growth Centre plan. 

 

BACKGROUND

 

Previous Considerations

 

At its meeting on the 16th July 2015, the Economic Development Advisory Committee was presented with a report which outlined that Broome had been selected to be a Regional Growth Centre.  The Committee recommended the following to Council:

 

That the Committee recommends Council note the Shire has been successful in its

submission to be selected as a Regional Growth Centre.

 

This was subsequently endorsed by Council at their meeting on the 30th July 2015.  See advice letter at Appendix 1 for copy of formal advice from State Government. 

 

Since this time the following has occurred:

 

1.   Officers have participated in an all day workshop with other Growth Centres across the State to understand the process and requirements of being a Growth Centre.

2.   A lead consultant has been appointed by a panel comprising representatives from the Shire and Kimberley Development Commission. This consultant has been engaged by Landcorp in a two stage process.  This will be outlined further in the report.

3.   Officers have negotiated the drafting of an MOU between the Shire and relevant State Government agencies to facilitate the Growth Centre process.  This MOU is now presented for Councils consideration and is outlined later in the report. 

4.   The State Government has approved the second stage of funding of $250,000 to prepare a detailed project plan for consideration.  This also will be outlined later in the report. 

 

COMMENT

 

Scope of Regional Growth Centre Plan

 

Essentially the Growth Centre Plan will be a plan which addresses the economic, social and infrastructure needs of Broome to grow into a vibrant regional centre over the coming years. 

 

The plan is designed to provide a link between the Kimberley Regional Blue Print (prepared by KDC) and Council’s Strategic Community Plan.  It is also designed to be used as a tool to plan for and provide access to significant funding from R4R into the future to facilitate the implementation of the plan.

 

The plan will prioritise major projects implementation in a timely manner to facilitate social or economic development of the Shire and broader region. 

 

Attached at Appendix 2 is an initial high level Project Scope Statement for the plan.  This has been prepared by the lead consultants with input from Officers, the Kimberley Development Commission and Landcorp.  The purpose of this was to identify the broad scope of the project.  This will be further refined during the next stage of the project. 

 

Although Officers had made application to be selected as a Regional Growth Centre at the time of the budget development Council had included the need to prepare an Economic Development Strategy as part of the 2015/16 budget. 

 

In light of the significant additional funding and resourcing the Growth Centre Planning process brings to this issue and to streamline stakeholder consultation and avoid duplication, it is proposed at this early stage to explore whether the Economic Development Strategy can be incorporated into the growth centre planning.  A further benefit will be evidenced in the coordination and engagement with various State Government agencies as part of the focus the Regional Growth Plan will bring to Broome.  Preliminary discussions with the lead consultant have demonstrated strong alignment between this initiative and the growth centre process and framework.  The details of how the initiative will integrate into this process are proposed to be refined prior to December with submission of the detailed project plan.   

 

Memorandum of Understanding (MOU) with the State Government

 

The Shire has an existing MOU with the Kimberley Development Commission and Landcorp.  A copy of this MOU is attached at Appendix 3.  This MOU has allowed the process to progress to this stage however the Department of Regional Development require that a new MOU is entered into prior to the end of November to facilitate the process moving forward.  

 

Officers have negotiated a new MOU with the State Government for Councils consideration, a copy of which is attached at Appendix 4.  The purpose of the MOU is as follows:

 

·    Provide for an agreement for each party to partner in the development of a Growth Plan for the future economic and social development of Broome and its economic activity area.

·    Establish the terms to enable the resourcing to support the development of a Broome Growth Plan under the terms and conditions set by the Regional Centres Development Plan (RCDP), including allocation of RCDP funding in pursuit of the project plan approved by the RCDP Steering Committee.

 

This MOU doesn’t commit the Shire to any resources beyond in-kind resources as outlined in the financial section of this report.   The funding to prepare the Growth Plan will be provided by the State Government and administered by Landcorp who will also manage consultant procurement. 

 

The signatories to the MOU are proposed to be the Shire of Broome, Kimberley Development Commission, Landcorp, Department of Regional Development and Department of Planning.  A Growth Plan Partnership group will be established with high level representation (proposed to be a Councillor and the Chief Executive Officer from the Shire) from these organisations to administer the development of the plan.  This group will be supported by a Project Control Group who will manage the operational development of the plan with the Lead Consultant within the direction provided by the Growth Plan Partnership.  The Deputy CEO and Director Development Services are proposed to be the Shire’s representatives on this group. 

 

Officers are recommending Council agree to enter the MOU, nominate the Shire President and Chief Executive Officer as the Shires representatives on the Growth Plan Partnership and authorise the Shire President and Chief Executive Officer to engross the document. 

 

Next Steps

 

The RCDP Steering Committee has approved the second stage of funding of $250,000 to be allocated to the development of the Broome Growth Plan.

 

This funding will be provided to Landcorp who will work with the lead consultant and the Growth Plan Partnership to map existing information to prepare a detailed project plan by mid December. 

 

This detailed scope will be presented to the RCDP Steering Committee for approval and release of the remaining funds at agreed milestones.  The RCDP Steering Committee is expected to be visiting Broome late January to meet with the parties involved and consider approving the detailed project plan.

 

The plan is required to be completed by October 2016, endorsed by the Shire, referred to the Kimberley Development Commission and presented to the State Government for consideration. 

 

It is expected that as the plan is developed extensive consultation will occur with elected members. 

 

CONSULTATION

 

Kimberley Development Commission

Landcorp

Department of Regional Development

 

It is proposed as part of the project scope to use the Shire’s Economic Development Advisory Committee as a reference group during the preparation of the Growth Centre Plan. 

 

STATUTORY ENVIRONMENT

 

Nil

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

The State Government has announced $7.5million to support the four Growth Centres to prepare their growth plans.  The Project Scope Statement outlines a proposed budget for the development of the Broome Growth Centre Plan.  A second round of funding is expected be available for a further five regional centres (including Kununurra) to prepare a plan in 2016/17. 

 

The Shire is not required to contribute cash resources at this time however it should be acknowledged that it is expected that significant in-kind resources will be required between now and when the plan is completed in October 2016.  These in-kind resources will include staff time, travel, use of meeting rooms and the Civic Centre on occasion.  The final scope of any in-kind resources required will not be known until the detailed project plan is completed and agreed upon late 2015/early 2016.  

 

Landcorp are acting as the procurement agency for this project.  All funds received from the State Government will be provided to Landcorp to engage the consultants required to prepare the plan on behalf of the State and Shire.  Shire Officers will participate in the selection process for consultants. 

 

RISK

 

A detailed risk management plan is being prepared as part of the detailed project scope.  However Officers consider the main risk for the project relates to resourcing Implications.  Although the Shire is only required to provide in-kind resources at this stage Officers are concerned of the implications on this to the organisation given other projects being undertaken.  This is not a reason not to progress with the project but an issue to manage.

 

This risk however is offset by the risk of not accepting to become a Regional Growth Centre and the positive implications this is proposed to have for Broome over the coming years. 

 

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

 

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:

 

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

 

Council is able to mobilise resources to deliver municipal services to Indigenous communities that are compliant, effective and within Council’s 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

 

Affordable land for residential, industrial, commercial and community use

 

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

 

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

 

An organisational culture that strives for service excellence

 

Sustainable and integrated strategic and operational plans

 

Responsible resource allocation

 

Effective community engagement

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.         Requests the Shire President write to the Premier thanking the government for selecting the Shire of Broome to be a Regional Growth Centre and funding associated with the preparation of the plan.

2.         Agrees to enter the Memorandum of Understanding with the State Government as Attached at Appendix 3 (with any minor amendments as determined by the Chief Executive Officer) and authorise the Shire President and Chief Executive Officer to engross the documentation. 

3.         Notes a detailed project plan will be prepared for the project and submitted to the State Government for approval by mid December and authorises the Shire President and Chief Executive Officer to submit this on behalf of the Shire. 

4.         Notes the establishment of a Growth Plan Partnership Group and appoints the Shire President and Chief Executive Officer (or his delegate) to represent the Shire on this group.

 

Attachments

1.

Formal Advice Broome selected as a Growth Centre

2.

Growth Centre Project Scope

3.

Existing MOU between Shire and State Government

4.

Proposed new MOU between Shire and State Government

  


Item 9.3.2 - BROOME AS A REGIONAL GROWTH CENTRE - HIGH LEVEL PROJECT SCOPE AND CONSIDERATION OF MOU WITH STATE GOVERNMENT

Formal Advice Broome selected as a Growth Centre

 

 


 


Item 9.3.2 - BROOME AS A REGIONAL GROWTH CENTRE - HIGH LEVEL PROJECT SCOPE AND CONSIDERATION OF MOU WITH STATE GOVERNMENT

Growth Centre Project Scope

 

 


 


 


 


 


 


 


 


 


 


 


Item 9.3.2 - BROOME AS A REGIONAL GROWTH CENTRE - HIGH LEVEL PROJECT SCOPE AND CONSIDERATION OF MOU WITH STATE GOVERNMENT

Existing MOU between Shire and State Government

 

 


Item 9.3.2 - BROOME AS A REGIONAL GROWTH CENTRE - HIGH LEVEL PROJECT SCOPE AND CONSIDERATION OF MOU WITH STATE GOVERNMENT

Existing MOU between Shire and State Government

 

 


Item 9.3.2 - BROOME AS A REGIONAL GROWTH CENTRE - HIGH LEVEL PROJECT SCOPE AND CONSIDERATION OF MOU WITH STATE GOVERNMENT

Existing MOU between Shire and State Government

 

 


Item 9.3.2 - BROOME AS A REGIONAL GROWTH CENTRE - HIGH LEVEL PROJECT SCOPE AND CONSIDERATION OF MOU WITH STATE GOVERNMENT

Existing MOU between Shire and State Government

 

 


Item 9.3.2 - BROOME AS A REGIONAL GROWTH CENTRE - HIGH LEVEL PROJECT SCOPE AND CONSIDERATION OF MOU WITH STATE GOVERNMENT

Existing MOU between Shire and State Government

 

 


Item 9.3.2 - BROOME AS A REGIONAL GROWTH CENTRE - HIGH LEVEL PROJECT SCOPE AND CONSIDERATION OF MOU WITH STATE GOVERNMENT

Proposed new MOU between Shire and State Government

 

 

 

 

 

Memorandum of Understanding

 

between the:

•   Shire of Broome

•   Kimberley Development Commission

•   Department of Planning

•   LandCorp

•   Department of Regional Development

 

in relation to the –

Broome Growth Plan

 

Insert logos Shire of Broome and DoP

KDC_CMYK                             

 


 

Purpose

This Memorandum of Understanding (MOU) is between the Shire of Broome, Kimberley Development Commission, Department of Planning, LandCorp and the Department of Regional Development.

The purpose of the MOU is to:

·    Provide for an agreement for each party to partner in the development of a Growth Plan for the future economic and social development of Broome and its economic activity area.

·    Establish the terms to enable the resourcing to support the development of a Broome Growth Plan under the terms and conditions set by the Regional Centres Development Plan (RCDP), including allocation of RCDP funding in pursuit of the project plan approved by the RCDP Steering Committee.

 

Background

The State Planning Strategy 2050 identifies Western Australia’s network of Regional Centres and Sub-regional Centres, and RCDP and Pilbara Cities supports those of the highest strategic importance to the State’s economy and regional communities. The State Planning Strategy 2050 identifies the need for these strategic regional centres to build on their competitive and collaborative advantages to support sustained growth and prosperity of Western Australia.

The RCDP Framework provides a platform for the establishment of Growth Plan Partnerships and the development of Growth Plans through RCDP and Pilbara Cities. It is being implemented by the State Government to provide the necessary economic and strategic planning and partnerships to meet the objectives of the State Planning Strategy 2050 and Regional Blueprints with respect to strategic regional centres. The Growth Plan is designed to unlock growth potential in a 21st century global economy, and require commitment across sectors to both develop the plan and implement it.

The outcome required is a comprehensive strategic economic and social development plan for Broome as a regional centre. It will identify objectives for economic and population growth, establish actions which are realistic and capable of being executed within an agreed time frame, and that are based on a defensible and comprehensive economic and social analysis.

The Growth Plan will note and have regard to the economic and social connections with communities within the boundaries of the Shire of Broome and its economic activity area.

Participation in this MOU also incorporates a commitment by the parties to cooperate in the implementation of the Growth Plan following formal acceptance by Local Government Council resolution, adoption by the Board of the Kimberley Development Commission and noting by the Western Australian Planning Commission (WAPC) on endorsement by the RCDP Steering Committee.

 


 

Signatories

Signatories to this MOU are authorised by each participating body through appropriate resolution or delegation.

 

Timeframe

The agreement commences on the date of the signing of the MOU by all parties and is applicable until the Broome Growth Plan is noted by the WAPC.

Nothing in the MOU prevents the parties changing any provision by mutual agreement at any time.

 

Objectives

The objectives of this agreement are:

1.    Creation of a collaborative partnership to investigate, develop and promote a Growth Plan for Broome as a regional centre.

2.    Widely engage with industry and community stakeholders to promote the concept of a Growth Plan, build ownership, and obtain stakeholder input into the development of the plan.

3.    Produce a Growth Plan based on well researched economic and social development strategies for Broome by 1 October 2016.

4.    Develop a brand and marketing suite to promote and broker investment in Broome and its region.

5.    Collaborate with other regional centres to advance economic opportunities and to share knowledge.

 

Agreed Principles

Signatories agree to:

1.    Use their best endeavours to achieve a collaborative partnership committed to the objectives of the MOU.

2.    To operate on an inclusive basis, seeking the views and aspirations of industry, community and other government stakeholders.

3.    Cooperate and share information with other participants in the RCDP program as appropriate in the interests of building a state wide collegiate approach to regional growth and economic development.

4.    Recognise the Kimberley Regional Investment Blueprint as the guiding regional economic and social development strategy.

 


 

Resourcing Commitments

Signatories to this MOU will commit sufficient resources, which will be agreed between the parties, to undertake their role as specified in this MOU to achieve the Objectives, including the support of the Growth Plan Partnership and to the development and review of a Growth Plan.

 

Project Funding

Funding will be made available through the Royalties for Region RCDP Program, subject to the RCDP Steering Committee endorsing this executed MOU, a project plan and a budget for preparing a Growth Plan.

Funding will be administered by LandCorp in accordance with the approved project plan and budget, and in consultation with the Growth Plan Partnership.

Additional work outside of the scope of works described in the project plan approved by the RCDP Steering Committee is to be resourced and funded by the Signatories, unless approved by the RCDP Steering Committee as a variation to the approved project plan. 

 

Roles and Responsibilities

RCDP Steering Committee

The RCDP Steering Committee has been established to provide oversight of RCDP.  It is responsible for approving the Growth Plan project plan and budget, and any variations.  The RCDP Steering Committee is required to approve the final Growth Plan prior to its referral by the Growth Plan Partnership to the Western Australian Planning Commission for noting.

The RCDP Steering Committee is also responsible for the provision of advice to the Regional Development Council and to the Minister for Regional Development and the Minister for Planning.

The Steering Committee membership includes:

·     A member of the Regional Development Council (Executive Chair)

·     The Director General, Department of Regional Development

·     The Chair, Western Australian Planning Commission

·     The Director General, Department of Planning

·     The Chief Executive Officer of LandCorp

 


 

Regional Development Commission

The Kimberley Development Commission will support the development of the plan through participation in the Growth Plan governance groups, adopt the final draft Growth Plan by resolution of the Board and submit the final draft Growth Plan to the RCDP Steering Committee.

Upon approval of the Growth Plan by the RCDP Steering Committee, the Kimberley Development Commission is to ensure the Growth Plan Partnership refers the Growth Plan to the WAPC for noting.

The Kimberley Development Commission will nominate a Board Member and the CEO to the Growth Plan Partnership and will nominate staff to provide technical and administrative support as required.

The Kimberley Development Commission is responsible for strategic alignment and integration of the Growth Plan and Regional Blueprint, and promoting and brokering investment in the Broome as a regional centre.

 

Shire of Broome

The Shire of Broome will consider adoption of the final draft Growth Plan by Local Government Council resolution and submit the final draft Growth Plan to the Kimberley Development Commission.

The Shire of Broome is responsible for strategic alignment and integration of the Growth Plan and Local Government’s integrated planning framework, and promoting and brokering investment in Broome.

The Shire of Broome will nominate one elected representative and the CEO to the Growth Plan Partnership and will nominate staff to provide technical and administrative assistance as required.

 

LandCorp

In relation to this MOU LandCorp will:

a)    provide project management services in accordance with the project plan approved by the RCDP Steering Committee in March 2015, for which LandCorp will be remunerated; and

b)    nominate a representative to the Growth Plan Partnership to provide, on request, technical support and advice in relation to principles of land development economics, identification of development opportunities and advice in relation to brand development for investment attraction.

c)    nominate staff to provide technical and administrative support as required.

d)    administer funding in accordance with the Broome Growth Plan Partnership’s approved project plan and budget, and in consultation with the Broome Growth Plan Partnership.

 


 

Department of Planning

The Department of Planning will, on request, nominate a representative to the Growth Plan Partnership to provide technical advice in relation to urban and regional land use research, data, information and planning, and strategic advice on alignment and integration with land use planning policy and strategy frameworks, and infrastructure coordination.

 

Department of Regional Development

The Department of Regional Development will, on request, nominate a representative to the Growth Plan Partnership to provide technical advice in relation to regional development research, data and information, and strategic advice on alignment and integration with regional development policy and strategy frameworks.

 

Governance and Decision Making

Growth Plan Partnership

A Growth Plan Partnership will be established to oversee the development of the project and ensure that it meets the objectives of this MOU. In accordance with the Roles and Responsibilities outlined above the participating bodies are:

·     Shire of Broome

·     Kimberley Development Commission

·     LandCorp

·     Department of Planning

·     Department for Regional Development

 

The Growth Plan Partnership will establish a stakeholder reference group that represents industry and community stakeholders within the Broome and its economic activity area, and ensuring their views are incorporated into the development of the Growth Plan.

The Growth Plan Partnership will set its own terms of reference to effectively oversee the project’s delivery.

The Growth Plan Partnership will submit bi-monthly progress reports through the Program Coordinator to the RCDP Steering Committee.

The Growth Plan Partnership will be required to endorse the Growth Plan prior to referring it to the RCDP Steering Committee. 

Upon approval of the Growth Plan by the RCDP Steering Committee the Growth Plan Partnership will refer the approved Growth Plan to the WAPC for noting.

Project Control Group

The Project Control Group will be responsible for managing the operational delivery of the Growth Plan by the Lead Consultant in accordance with the approved project plan and budget and direction provided by the Growth Plan Partnership. 

 

Membership of the Project Control Group will be:

·    Tim Bray                              Kimberley Development Commission

·    Paul Martin                                     Shire of Broome

·    Director Development Services          Shire of Broome

·    Simon Proud                                  LandCorp

·    Other Stakeholders  - as required

Representatives of other organisations (eg DoP and DRD) may be invited to attend from time to time.

The Project Control Group will establish its own terms of reference.

The Project Control Group will provide the RCDP Program Coordinator a monthly progress report.

 

Dispute Resolution

All parties agree to use best endeavours to resolve disputes. Disputes of a technical or strategic nature within the Project Control Group will be referred to the Growth Plan Governance Group for Resolution. Disputes are to be resolved on the basis of the intent of the RCDP, and the objectives set out in this MOU.

 

Media and Communications

All Signatories will undertake communications relating to Growth Plans in accordance with a communications plan approved by the Growth Plan Partnership and by the Department of Regional Development.

All media communications in relation to the Broome Growth Plan will be undertaken in accordance with that agreed communications plan, agreed key messages and in consultation with other relevant signatories when appropriate and if time permits.

Royalties for Regions (RfR) funding recipients are required to acknowledge the funding provided by the Western Australian Government, in accordance with the approved format. 

 

Legal Facilitation

The MOU is not intended to be a legal document.  It is an administrative document that seeks to ensure mutually beneficial working arrangements and to clarify the relationship between the parties to this MOU in view of their responsibilities under the Local Government Act 1995 and other relevant legislation.

The MOU is not intended to define, create, recognise, affirm, deny or amend any rights or obligations of the parties or any other individual or group nor restrict any of the parties from participation in similar activities or arrangements with other public or private agencies or parties.


Item 9.3.2 - BROOME AS A REGIONAL GROWTH CENTRE - HIGH LEVEL PROJECT SCOPE AND CONSIDERATION OF MOU WITH STATE GOVERNMENT

Proposed new MOU between Shire and State Government

 

 

 

Signatories

 

Signed on behalf of the Shire of Broome by the President and Chief Executive Officer:

Shire President

The Chief Executive Officer

Cr Ron Johnson

Kenn Donohoe

 

_________________________________

 

_________________________________

Signature

Signature

Date

Date

 

 

Signed on behalf of the Kimberley Development Commission by the Chair and Chief Executive Officer:

The Chair

The Chief Executive Officer

Michael McConachy

Jeff Gooding

 

_________________________________

 

_________________________________

Signature

Signature

Date

Date

 

 

Signed for an on behalf of LandCorp

 

 

Signed for an on behalf of the Department of Regional Development

Chief Executive Officer

Director General

Frank Marra

Ralph Addis

 

_________________________________

 

_________________________________

Signature

Signature

Date

Date

 

 

Signed for an on behalf of the Department of Planning

Director General

 

Gail McGowan

 

 

_________________________________

 

Signature

 

Date

 


Agenda – Ordinary Meeting of Council 26 November 2015                                                                     Page 522 of 523

 

9.3.3      Kimberley Regional Offices Redevelopment

LOCATION/ADDRESS:                            30 Frederick St

APPLICANT:                                              Nil

FILE:                                                           RES 8656-NEW

AUTHOR:                                                   Special Projects Coordinator

CONTRIBUTOR/S:                                    Manager Economic Development

RESPONSIBLE OFFICER:                          Deputy Chief Executive Officer

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    30 October 2015

 

SUMMARY:         This report provides an update on the Kimberley Regional Offices Redevelopment and seeks Council’s authorisation to call for tenders (for design and construction) and to note the governance and risk approach taken.

 

BACKGROUND

 

Previous Considerations

 

OMC 18 July 2013                              Item 9.2.4

OMC 28 August 2014                        Item 9.3.1

OMC 26 February 2015                     Item 9.3.2

 

That Council:

 

1.       In accordance with Section 3.59 (5) based upon submissions received decides to:

 

(a)     Progress with Option 3 as outlined in the Business Plan for the redevelopment of Kimberley Regional Offices in a staged manner with the first stage comprising the construction of an additional new single storey building (1,200m2).

(b)     Requests the Chief Executive Officer bring a report to Council once construction is completed to consider future stages.

(c)     Implement the land tenure changes as outlined in the business plan and authorises the Chief Executive Officer to bring these changes into effect with Department of Lands.

 

2.       Requests the Chief Executive Officer to invite tenders for a suitably qualified architect to design the proposed new building at the KRO site.  Design will be undertaken in the following sequence:

 

(a)     Sketch Design;

(b)     Detailed Design; and

(c)     Construction drawings.

 

3.       Requests the Chief Executive Officer include the financial implications of the above staged redevelopment of KRO in the 2015/16 budget process for consideration.

 

Following this resolution the Shire experienced a large organisational restructure which impacted on available resources to undertake this major capital project.  In considering how resources where allocated to undertake this project, Officers also considered capacity to implement other major capital projects.  This lead to the calling for tenders for external project managers to provide the additional resources required.  At the OMC on 27 August 2015 (Item 9.3.4) Council resolved:

 

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.

 

Of note is that volume of works that has been undertaken to date in the development of a new project delivery model by Shire officers. The Shire has developed a new model involving external Project Managers to ensure sufficient capacity and technical expertise across a broad range of fields which can support capital project delivery within the organisation both now and into the future. Actions taken by officers can be applied to the future large scale capital projects.   Although this has resulted in a slight delay to the implementation of this project, Officers consider this is a better long term outcome and reduces risk to the organisation as the organisation commences delivery of a number of significant capital projects.

 

In addition to this in August 2015, this Shire applied for approximately $1.9 million of grant funding through Round 2 of the National Stronger Regions Fund. The outcome of this application is anticipated to be announced in December 2015.

 

It is not considered that the award or otherwise of funding from the National Stronger Regions Program will have any impact on the project delivery. As it stands that project is fully funded.

 

This report seeks to update Council on work done to date and to gain Council endorsement of the recommended procurement approach for delivery of this project.

 

COMMENT

 

The following activities have been undertaken for the KRO Project since appointment of the Project Managers.

 

Literature Review

As part of the appointment, NS Project undertook a literature review of relevant documents including but not limited to:

-        Previous Council Agenda Minutes and Resolutions;

-        Options analysis (prepared by Lloyd Pickwell Architecture);

-        Financial modelling (prepared by UHY Haines Norton);

-        ESD and Procurement review (prepared by LairdTran Architects);

-        KRO Business Case (prepared by Cole Advisory Services); and

-        National Stronger Regions Fund Application.

 

Onsite Inception Meeting

NS Projects, Project Manager attended site in Broome with Project Officers for a site inception meeting on the 17 September 2015.

 

Governance Plan

A Governance Management Plan has been developed for the engagement of NS Projects under the ‘Project Management Consultancy Services’ Contract. This document details the internal governance arrangements and communications protocols that will be adhered to during the contract term. The Governance Document has been attached for Council’s information (refer Attachment 1

 

Project Management Plan

A detailed Project Management Plan has been developed for the KRO project.

 

Risk Workshop

NS Projects held a Risk Workshop in Broome with Key Internal Project Stakeholders as part of the Shire’s improved risk identification and management process. Part of this process identified the need for project specific risk tables when identifying risks. The risk tables that have been applied to the KRO Project are included below for Council’s consideration. The included in attachment 2 is intended to capture all risks that could impact on the KRO project; however it is important to understand that risk identification and management should be treated as a living document and reviewed and updated as the project develops.

 

Recommended Procurement Approach

Subsequent to the literature review, NS Projects undertook a review and an in depth analysis of the procurement approach related to the delivery of the KRO Project. The outcome of this analysis post formulation of the Governance, Project and Risk Management Plans is to enact a Design and Construction Procurement Approach. This will realise time and cost savings for the project as well as allow for early economic benefits of the redevelopment into the local economy.

 

NS Projects have recommended a Design and Construction procurement approach allows the following advantages to be realised for the project moving forward further detailed information can be found in attachment 3:

-        Works on site may begin whilst the design is being finalised, hence the programme durations for Design and Construction procurement may be shorter than traditional procurement.

-        Encourages contractor innovation and improved buildability.

-        Design team continuity may be possible through novation.

-        Risk of contract claims due to errors in design is reduced as the contractor owns the design.

-        Transfer of risk to Contractor.

 

Officers have therefore provided an Officer recommendation to facilitate this delivery method for Councils consideration.

 

CONSULTATION

 

Nil

 

STATUTORY ENVIRONMENT

 

Nil

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

The table below outlines funding sources for the capital and lifecycle costs.

 

Funding Source:

Funding Type

Capital  or Start Up Expense

Life Cycle Costs (Annual)

Funding Details (eg. RLCIP)

Account Number

Cost $

*Cost Type

Budget

As per LTFP

 

 

 

1482446

Pre-construction

$240,000

 

 

 

 

Construction

$4,280,000

 

 

 

 

Fit-out and final retention

$1,880,000

 

 

 

 

TOTAL

$6,400,000

 

 

 

 

*Cost Type – Asset:    New

 

 

RISK

 

Please Note below the Project Specific Risk Management Tables. These tables have been developed specifically for the KRO Project and differ from the Organisation Risk Tables.

 

Changes are predominantly related to the Financial Loss amounts, given the Project Budget, Financial Loss categories have been adjusted accordingly.

 

CONSEQUENCE

Level

Descriptor

Definition

Personal Injury

Financial Loss

Project

1

Insignificant

No Injuries

Loss of $0 - $5K

No/insignificant implication on the vision, planning, programme, scope and economic balance of the project.

2

Minor

First Aid Treatment required

Loss of $5K - $10K

Minor implication on the vision or the planning, or the programme or the scope or the economic balance.

3

Moderate

Medical Treatment required

Loss of $10K - $100K

Event that has a moderate impact on some of the following items: vision, planning, programme, scope, costs.

4

Major

Serious Injury

Loss $100K - $1M

Major event or string of events that endanger the implementation of the overall project as defined by the Project Team.

5

Catastrophic

Death

Loss of more than $1M

The project, as it has been defined by the Project Team, is unviable.

 

LIKELIHOOD

Level

Descriptor

Explanation

1

Rare

Possible, but very unlikely the situation will occur.  <10% probability

2

Unlikely

Unlikely to occur but the possibility exists.  11-49% probability

3

Possible

Could occur and occurrence may be related to uncontrollable external factors.  50-59% probability

4

Likely

Likely to occur.  External factors and uncontrollability are likely to result in occurrence. 60-79% probability

5

Almost Certain

High likelihood of happening. Continual risk with history of occurrence.  >80% probability.

Note: This table should be tailored to meet the needs of the organisation and project.

 

RISK MATRIX

Likelihood

5

5

10

15

20

25

4

4

8

12

16

20

3

3

6

9

12

15

2

2

4

6

8

10

1

1

2

3

4

5

 

1

2

3

4

5

 

Consequence

 

RISK LEGEND

 

Extreme - Immediate action required

 

High - Senior management attention needed

 

Moderate - Management responsibility must be specified and risk monitored

 

Low - Managed by routine procedures

 

STRATEGIC IMPLICATIONS  

 

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

 

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

 

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 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:

 

Responsible resource allocation

 

Effective community engagement

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Authorises the Chief Executive Officer to call tenders for the Design and Construction of the new 1,200m2 building and associated works within the allocated project budget and present tenders received and evaluation report to Council for consideration.

2.       Notes the Governance Management Plan as attached.

3.       Endorses the Kimberley Regional Offices specific risk approach applied to the identification and management of project risks and notes the risks and mitigation strategies in the Risk table attached.

 

 

Attachments

1.

Governance Management Plan

2.

Procurement Advice

3.

Risk Management Register (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”.

  


Item 9.3.3 - Kimberley Regional Offices Redevelopment

Governance Management Plan

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Item 9.3.3 - Kimberley Regional Offices Redevelopment

Governance Management Plan

 

 


Item 9.3.3 - Kimberley Regional Offices Redevelopment

Procurement Advice

 

 


 

 


 

9.4

Our Organisation

 

IMG_1865

 

PRIORITY STATEMENT

 

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

 

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

 

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

 

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


Agenda – Ordinary Meeting of Council 26 November 2015                                                                     Page 550 of 551

 

9.4.1      PAYMENTS - OCTOBER 2015

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           FRE02

AUTHOR:                                                   Finance Officer

CONTRIBUTOR/S:                                    Manager Financial Services 

RESPONSIBLE OFFICER:                          Director Corporate Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    12 November 2015

 

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

 

BACKGROUND

 

Previous Considerations

 

Nil

 

COMMENT

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

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

Attached is a list of all payments processed under delegated authority during the month of October, 2015.

 

CONSULTATION

 

Nil

 

STATUTORY ENVIRONMENT

 

Local Government (Financial Management) Regulations 1996

13.     Lists of accounts

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

(a)        the payee’s name;

(b)        the amount of the payment;

(c)        the date of the payment; and

(d)        sufficient information to identify the transaction.

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

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

(b)        recorded in the minutes of that meeting.

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

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

 

RISK

 

The risk of Council not adopting this report is extreme as this will result in non-compliance with Regulation 13 of the Local Government (Financial Management) Regulations 1996. The likelihood of this ever occurring is rare due to the CEO’s implementation of procedures to ensure payment details are disclosed to Council in a timely manner, as well as Procurement & Purchasing policies which ensure these payments are made in accordance with budget and delegated authority and comply with Local Government (Financial Management) Regulations 1996.

 

STRATEGIC IMPLICATIONS 

 

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

 

An organisational culture that strives for service excellence

 

Responsible resource allocation

 

Effective community engagement

 

Improved systems, processes and compliance

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council records the accounts as paid under delegated authority for October  2015, totalling $2,534,901.73  as attached, covering:

 

·    EFT Vouchers 32262 – 32958  totalling $2,365,180.78;

·    Municipal Cheque Vouchers 57354 – 57358  totalling $3,854.41;

·    Trust Cheque Voucher – NIL for month of October 2015; and

·    Municipal Direct Debits 19092.1 – 19112.9 totalling $165,866.54.

 

 

Attachments

1.

PAYMENTS - OCTOBER 2015

  


Item 9.4.1 - PAYMENTS - OCTOBER 2015

PAYMENTS - OCTOBER 2015

 

 

 

Part 5. Division 4. Section 5.42 Delegation of some powers to CEO. Sub Section Finance Management Regulation 12.

Each payment must show on a list the payees name, the amount of the payment, the date of the payment and sufficient

information to identify the transaction

This report incorporates the Delegation of Authority (Administration Regulation 19)

PAYMENTS BY EFT & CHEQUE AND FROM TRUST - OCTOBER 2015

 

EFT

Date

Name

Description

 Amount

Del Auth

EFT32262

01/10/2015

AUSTRALIAN TAXATION OFFICE

PAYG pay period ending 29/09/15

 $    108,509.02

MFS

EFT32263

01/10/2015

SALARY PACKAGING

Salary Packaging

 $             410.77

MFS

EFT32264

01/10/2015

SALARY PACKAGING

Salary Packaging

 $             223.15

MFS

EFT32265

01/10/2015

SALARY PACKAGING

Salary Packaging

 $             646.35

MFS

EFT32266

01/10/2015

SALARY PACKAGING

Salary Packaging

 $         1,608.61

MFS

EFT32267

01/10/2015

SALARY PACKAGING

Salary Packaging

 $             600.00

MFS

EFT32268

01/10/2015

SALARY PACKAGING

Salary Packaging

 $             508.52

MFS

EFT32269

01/10/2015

SALARY PACKAGING

Salary Packaging

 $             500.00

MFS

EFT32270

01/10/2015

SALARY PACKAGING

Salary Packaging

 $             896.29

MFS

EFT32271

01/10/2015

SALARY PACKAGING

Salary Packaging

 $             376.79

MFS

EFT32272

01/10/2015

SALARY PACKAGING

Salary Packaging

 $             410.00

MFS

EFT32273

01/10/2015

SALARY PACKAGING

Salary Packaging

 $             567.97

MFS

EFT32274

01/10/2015

SALARY PACKAGING

Salary Packaging

 $             750.00

MFS

EFT32275

01/10/2015

SALARY PACKAGING

Salary Packaging

 $             300.00

MFS

EFT32276

01/10/2015

SALARY PACKAGING

Salary Packaging

 $             523.92

MFS

EFT32277

01/10/2015

SALARY PACKAGING

Salary Packaging

 $             450.00

MFS

EFT32278

01/10/2015

SALARY PACKAGING

Salary Packaging

 $               88.17

MFS

EFT32279

01/10/2015

SALARY PACKAGING

Salary Packaging

 $             780.00

MFS

EFT32280

01/10/2015

SALARY PACKAGING

Salary Packaging

 $             240.00

MFS

EFT32281

01/10/2015

SALARY PACKAGING

Salary Packaging

 $             877.27

MFS

EFT32282

02/10/2015

BROOME FIRST NATIONAL REAL ESTATE

Staff Rent - October 2015

 $         6,432.86

MFS

EFT32283

02/10/2015

BOC LIMITED

Cylinders & Rental - September 2015

 $               23.90

MFS

EFT32284

02/10/2015

KIMBERLEY TRUSS (NORTRUSS (NT) PTY LTD)

Hardware and consumables - September 2015

 $             510.96

MFS

EFT32285

02/10/2015

TNT AUSTRALIA PTY LTD T/AS TNT EXPRESS

Freight Charges - Depot / Health Services

 $         1,421.22

MFS

EFT32286

02/10/2015

WATER CORPORATION

Water usage at various Shire facilities 07/07/15 to 08/09/15, Service charges 01/09/15 to 30/10/15

 $       12,020.36

MFS

EFT32287

02/10/2015

PAYROLL DEDUCTIONS

Payroll deductions

 $         1,260.53

MFS

EFT32288

02/10/2015

KIMBERLEY CAMPING & OUTBACK SUPPLIES

Uniforms

 $             914.35

MFS

EFT32289

02/10/2015

PARKER BLACK & FORREST PTY LTD

Replacement Keys for BVC

 $               83.60

MFS

EFT32290

02/10/2015

LO-GO APPOINTMENTS

Relief staff

 $         2,028.40

MFS

EFT32291

02/10/2015

GLOBE AUSTRALIA PTY LTD

Pesticides / herbicides - P&G

 $             165.00

MFS

EFT32292

02/10/2015

MIDALIA STEEL PTY LTD

Steel and mesh required for various projects

 $             246.02

MFS

EFT32293

02/10/2015

FIELD AIR CONDITIONING & AUTO ELECTRICAL PTY LTD

Auto electrical repairs and installations - September 2015

 $         1,982.75

MFS

EFT32294

02/10/2015

KEVREK PTY LTD

Parts

 $             628.54

MFS

EFT32295

02/10/2015

TOTALLY WORKWEAR - BROOME

Uniforms

 $             110.00

MFS

EFT32296

02/10/2015

KIMBERLEY GOLD PURE DRINKING WATER

Water bottles x 3

 $               57.00

MFS

EFT32297

02/10/2015

BRIDGESTONE BROOME

Tyre repairs and replacements - August 2015

 $             413.50

MFS

EFT32298

02/10/2015

WOOLWORTHS LIMITED

Cape Leveque Road maintenance - Food for camp

 $             165.27

MFS

EFT32299

02/10/2015

HORIZON POWER

Electricity Charges at various Shire facilities - 11/07/15 - 10/09/15

 $       11,594.06

MFS

EFT32300

02/10/2015

BROOME BOLT SUPPLIES WA PTY LTD

Minor tools and equipment - August 2015

 $             508.20

MFS

EFT32301

02/10/2015

MG TYRES

Tyre repairs and replacements - August 2015

 $             314.00

MFS

EFT32302

02/10/2015

DICK SMITH ELECTRONICS

IT consumables - August 2015

 $         1,233.04

MFS

EFT32303

02/10/2015

AUTOPRO BROOME

Minor tool & equipment - August 2015

 $               79.95

MFS

EFT32304

02/10/2015

ORD RIVER ELECTRICS

Electrical repairs and installations at various Shire facilities - August 2015

 $         1,205.08

MFS

EFT32305

02/10/2015

AVERY AIRCONDITIONING PTY LTD

Refrigeration repairs and installations at various Shire facilities - August 2015

 $         3,048.10

MFS

EFT32306

02/10/2015

KIMBERLEY WASHROOM SERVICES

Provide sanitary waste removal at various Shire facilities - September 2015

 $             860.00

MFS

EFT32307

02/10/2015

BROOME DOCTORS PRACTICE PTY LTD

Staff medical

 $             225.50

MFS

EFT32308

02/10/2015

PINDAN LABOUR SOLUTIONS PTY LTD

Relief staff

 $             400.09

MFS

EFT32309

02/10/2015

INTERSPACE AIRPORT ADVERTISING

Quarterly airport advertising

 $             742.50

MFS

EFT32310

02/10/2015

IGA - SEAVIEW

Daily newspapers - Library

 $             116.40

MFS

EFT32311

02/10/2015

XCY PTY LTD

IT consumables - August 2015

 $         1,970.97

MFS

EFT32312

02/10/2015

UNICORN GROUP AUSTRALIA PTY LTD

Isuzu D-Max 1DPJ920

 $       10,828.00

MFS

EFT32313

02/10/2015

BRIDGESTONE AUSTRALIA LTD

Tyre repairs and replacements - August 2015

 $         1,864.19

MFS

EFT32314

05/10/2015

COMMONWEALTH TRADING BANK

Payroll S & W pay period ending 01/10/15

 $    310,813.00

MFS

EFT32315

05/10/2015

CANCELLED

Cancelled

 $                      -  

-

EFT32316

05/10/2015

PAYROLL DEDUCTIONS

Payroll deductions

 $               19.40

MFS

EFT32317

05/10/2015

PAYROLL DEDUCTIONS

Payroll deductions

 $         1,080.40

MFS

EFT32318

05/10/2015

PAYROLL DEDUCTIONS

Payroll deductions

 $             700.00

MFS

EFT32319

05/10/2015

PAYROLL DEDUCTIONS

Payroll deductions

 $             840.00

MFS

EFT32320
to
EFT32440

05/10/2015

CANCELLED

Cancelled - system error

 $                      -  

-

EFT32441

06/10/2015

AUSTRALIA POST

Postage Charges.  Period ending 31/08/2015

 $         3,926.53

MFS

EFT32442

06/10/2015

TOXFREE

Recycle collections and recycle bin replacement/repairs. Under Contract 14/01 supply of waste disposal goods and the provision of goods and services regarding the collection of waste - August 2015

 $       98,240.34

MFS

EFT32443

06/10/2015

TELSTRA

Call and usage charges at various Shire facilities to 04/09/2015, Service charges to 04/10/2015

 $       14,342.77

MFS

EFT32444

06/10/2015

OFFICE STAR PTY LTD

Copier Costs Toshiba E-4540C - September 2015

 $         2,439.80

MFS

EFT32445

06/10/2015

ANTHONY JOHN GIBBS

Reimbursement of sundry & travel expenses

 $               38.54

MFS

EFT32446

06/10/2015

WESTERN ANGLER MAGAZINE

Western Angler magazine subscription

 $               45.00

MFS

EFT32447

06/10/2015

TANYA MICHELE BARNES

Reimbursement of sundry & travel expenses

 $             102.00

MFS

EFT32448

06/10/2015

ANNETTE DAHL GREGORY

Town rubbish bag collection.  Week ending 27/09/15

 $               12.50

MFS

EFT32449

06/10/2015

GREGORY JAMES BOWEN

Town rubbish bag collection.  Week ending 27/09/15

 $             752.50

MFS

EFT32450

06/10/2015

JULIE THOMAS

Town rubbish bag collection.  Week ending 27/09/15

 $               32.50

MFS

EFT32451

06/10/2015

DC DATA COMMS

Civic Centre - Checked base alarm

 $             132.00

MFS

EFT32452

06/10/2015

SALVATORE CONSTANTINO MASTROLEMBO

Reimbursement of sundry & travel expenses for various trips

 $         1,350.58

MFS

EFT32453

06/10/2015

CHANTAL SPITTLE

Reimbursement of sundry & travel expenses

 $             392.13

MFS

EFT32454

06/10/2015

TINA ELLIS

Reimbursement of morning tea purchased for meeting

 $               11.55

MFS

EFT32455

06/10/2015

PAYROLL DEDUCTIONS

Payroll deductions

 $               19.40

MFS

EFT32456

06/10/2015

PAYROLL DEDUCTIONS

Payroll deductions

 $         1,080.40

MFS

EFT32457

06/10/2015

PAYROLL DEDUCTIONS

Payroll deductions

 $             700.00

MFS

EFT32458

06/10/2015

PAYROLL DEDUCTIONS

Payroll deductions

 $             800.00

MFS

EFT32459

07/10/2015

PHILIP FRANCIS MATSUMOTO

Councillor Sitting Fee 01/10/15 - 31/12/15

 $         5,136.25

MFS

EFT32460

07/10/2015

HAROLD NORMAN TRACEY

Deputy Shire President Sitting Fee 01/10/15 - 31/12/15

 $         8,033.00

MFS

EFT32461

07/10/2015

DESIREE MALE

Councillor Sitting Fee 01/10/15 - 31/12/15

 $         5,136.25

MFS

EFT32462

07/10/2015

OFFICE NATIONAL BROOME

Chairs, stationery and consumables - August / September 2015

 $         6,332.95

MFS

EFT32463

07/10/2015

WESTERN AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION

Council Connect Annual Subscription to 30/06/16

 $         4,764.00

MFS

EFT32464

07/10/2015

MERCURE HOTEL PERTH

Accommodation and Meals for Director Engineering Services whilst in Perth for meetings

 $             628.95

MFS

EFT32465

07/10/2015

LO-GO APPOINTMENTS

Relief Rates Officer during vacancy of position w/e 29/08/15

 $         3,905.32

MFS

EFT32466

07/10/2015

PMK WELDING AND METAL FABRICATION

Repairs to various Shire facilities / fleet

 $         2,152.70

MFS

EFT32467

07/10/2015

AARLI BAR

Catering for Heads of Department Meeting - 21/09/2015

 $             300.00

MFS

EFT32468

07/10/2015

EAST TO WEST DATA & ELECTRICAL SERVICES

Repairs to retic controller at Nakamura Park

 $             517.00

MFS

EFT32469

07/10/2015

AARLI BAR

Official hospitality for DFAT Delegation Meeting 25/09/2015

 $               84.00

MFS

EFT32470

07/10/2015

WOOLWORTHS LIMITED

Refreshments for DES15 & food for bush camp workers

 $             416.24

MFS

EFT32471

07/10/2015

NORTH WEST COAST SECURITY

Security Services at various Shire facilities as per RFQ15-20 - August 2015

 $       15,345.00

MFS

EFT32472

07/10/2015

BROOME SMALL MAINTENANCE SERVICES

Minor maintenance and installations at various Shire facilities

 $         1,506.00

MFS

EFT32473

07/10/2015

ROEBUCK WELDING SERVICES

Install a New Operators sign rack

 $             836.00

MFS

EFT32474

07/10/2015

INSTITUTE OF PUBLIC WORKS ENGINEERING AUSTRALIA LTD  (IPWEA)

NAMS Plus Subscription Fee 01/07/2015 - 30/06/2015

 $         1,265.00

MFS

EFT32475

07/10/2015

BROOME ROADLINE CIVIL CONTRACTORS

Contract 14/13 Lorikeet Drive Extension and intersection with Old Broome Road - Final Progress Claim
Contract 14/06 - 7% Retention to be paid at end of Contract - Reconstruction Project of De Castilla Street as per Contract adopted by Council at it's Ordinary Meeting dated 27 March 2014

 $       61,743.71

MFS

EFT32476

07/10/2015

ACOR CONSULTANTS (CC) PTY LTD

Consultancy for the Design and Documentation of the Frederick Street - Dampier Terrace Link project as per RFT 14/03 - August 2015

 $       12,100.00

MFS

EFT32477

07/10/2015

AJ'S REFRIGERATION & AIR CONDITIONING

Degassing at Waste Management Facility - September 2015

 $         1,830.40

MFS

EFT32478

07/10/2015

TOTALLY WORKWEAR - BROOME

Uniforms - August 2015

 $         1,109.00

MFS

EFT32479

07/10/2015

TOTAL EDEN PTY LTD

Reticulation parts - materials and consumables as required for repairs to all parks, reserves and ovals - August 2015

 $         1,673.07

MFS

EFT32480

07/10/2015

TOTAL EDEN PTY LTD

Reticulation parts - materials and consumables as required for repairs to all parks, reserves and ovals - August 2015

 $         2,742.79

MFS

EFT32481
to
EFT32575

07/10/2015

CANCELLED

Cancelled - system error

 $                      -  

-

EFT32576

07/10/2015

MARK CYRIL MANADO

Councillor Sitting Fee 01/10/15 - 17/10/15

 $             949.11

MFS

EFT32577

07/10/2015

GRAEME THOMAS CAMPBELL

Shire President Sitting Fee 01/10/15 - 17/10/15

 $         3,357.84

MFS

EFT32578

07/10/2015

ANNE POELINA

Councillor Sitting Fee 01/10/15 - 17/10/15

 $             949.11

MFS

EFT32579

07/10/2015

PHILOMENA LEWIS

Councillor Sitting Fee 01/10/15 - 17/10/15

 $             949.11

MFS

EFT32580

08/10/2015

BROOME SHIRE COUNCIL

Rates Notices for various properties 01/07/15 to 30/06/16

 $    121,665.64

MFS

EFT32581

08/10/2015

PRD NATIONWIDE

Key worker housing - Strata Levies 01/10/15 - 31/12/15

 $         1,931.48

MFS

EFT32582

08/10/2015

ZIPFORM PTY LTD

Initial, Instalment and Final Rates Billing Mailing 2015

 $         7,666.03

MFS

EFT32583

08/10/2015

GARNDUWA AMBOORNY WIRNAN ABORIGINAL CORPORATION

Department of Sport and Recreation Kid Sport funding. Reimbursement of registration fees  for 49 participants in Beagle Bay's junior sports program.

 $         2,450.00

MFS

EFT32584

08/10/2015

LJ HOOKER

Staff rent - Break Lease fees - marketing costs

 $             205.95

MFS

EFT32585

08/10/2015

HAYS SPECIALIST RECRUITMENT (AUSTRALIA) PTY LTD

Flights for consultant return to Perth

 $             381.00

MFS

EFT32586

08/10/2015

BRIDGESTONE BROOME

Tyre repairs and replacements - August 2015

 $       12,175.00

MFS

EFT32587

08/10/2015

MPL LABORATORIES (ENVIROLAB SERVICES WA)

Lot 228 - Bore Sampling 28 JULY 2015 5 samples (GWL167287, A, B, C & D)

 $         1,798.50

MFS

EFT32588

08/10/2015

KATIE BIDEWELL

Town rubbish bag collection.  Week ending 04/10/15

 $               25.00

MFS

EFT32589

08/10/2015

LANCE ROBERT SMITH

Town rubbish bag collection.  Week ending 04/10/15

 $               22.50

MFS

EFT32590

08/10/2015

MARKETFORCE

Advertising in various newspapers for recruitment and public notices - August 2015

 $         4,185.77

MFS

EFT32591

08/10/2015

INSTITUTE OF PUBLIC WORKS ENGINEERING AUSTRALIA LTD  (IPWEA)

Professional Development Unit: Managing a Landfill Site, September 2015 - Waste Coordinator 

 $             990.00

MFS

EFT32592

08/10/2015

D & K BOBCAT

Loading of mulch for commercial and public vehicles on 19 & 26/09/15

 $             792.00

MFS

EFT32593

08/10/2015

AVERY AIRCONDITIONING PTY LTD

Conduct air conditioning and refrigeration plant quarterly maintenance as per scope contract 13/16 - July 2015

 $         4,276.57

MFS

EFT32594

08/10/2015

NORTH WEST STRATA SERVICES (NWSS)

Key worker housing - Six monthly Admin Levy 01/11/15 - 30/04/16

 $         3,846.80

MFS

EFT32595

08/10/2015

CLARITY COMMUNICATIONS

Direct email management for Shire of Broome, BRAC, Library, Broome Civic Centre, and Club Development Officer - August 2015

 $             294.58

MFS

EFT32596

08/10/2015

WASAMBA - BROOME'S CARNIVAL DRUMMERS

2014/15 Community Sponsorship Program - Commencement of Wasama Community Drumming Group

 $         1,000.00

MFS

EFT32597

08/10/2015

YEEDA (AUSTRALIAN RANGELAND MEAT PTY LTD)

Food for DES15

 $               35.52

MFS

EFT32598

08/10/2015

iSUBSCRIBE

12 month subscription to 28 magazines for the Broome Public Library

 $         1,971.35

MFS

EFT32599

08/10/2015

NORTHWEST HYDRO SOLUTIONS

Reticulation Parts - materials and consumables for P&G - August 2015

 $         1,976.55

MFS

EFT32600

08/10/2015

HERBERT SMITH FREEHILLS

Various Legal Fees - August / September 2015

 $       47,685.04

MFS

EFT32601

08/10/2015

IGA - SEAVIEW

Daily newspapers - Media & Promotions Officer

 $             125.25

MFS

EFT32602

08/10/2015

AKOLADE PTY LTD

Manager of Community Development - Holistic Community Safety Summit Conference and Workshop

 $         2,198.90

MFS

EFT32603

08/10/2015

ARDIYOOLOON BASKETBALL ASSOCIATION INC.

Department of Sport and Recreation Kid Sport funding. Reimbursement of registration fees for 47 participants in Ardiyooloon Basketball Association junior program.

 $         7,050.00

MFS

EFT32604

12/10/2015

BLACKWOODS

Hardware and consumables - August 2015

 $         5,296.16

MFS

EFT32605

12/10/2015

BROOMECRETE

Delivery of grey cement, sand, river stone, oxide, concrete, road base to various shire facilities - August 2015

 $       10,062.25

MFS

EFT32606

12/10/2015

BROOME DIESEL & HYDRAULIC SERVICE

Repairs & installations to various Shire fleet - August 2015

 $         8,004.90

MFS

EFT32607

12/10/2015

KEVIN GRAHAM DALLEY

Sharpen mulcher blades

 $             132.00

MFS

EFT32608

12/10/2015

COATES HIRE OPERATIONS PTY LTD

Supply a 32 KVA genset  for the Cape Leveque Road SLK 185 bore 31/07/15 - 18/08/15

 $         1,227.03

MFS

EFT32609

12/10/2015

KIMBERLEY TRUSS (NORTRUSS (NT) PTY LTD)

Spare parts for chainsaws

 $             166.12

MFS

EFT32610

12/10/2015

MAGABALA BOOKS ABORIGINAL CORPORATION

The Toast Tree by Corina Martin Library Book

 $               82.35

MFS

EFT32611

12/10/2015

ROEBUCK BAY HOTEL

Civic Centre bar stock

 $             664.19

MFS

EFT32612

12/10/2015

KIMBERLEY KERBS

Kerb replacement for Sector 3 - Old Broome as per RFT15/39

 $         6,864.00

MFS

EFT32613

12/10/2015

KIMBERLEY CAMPING & OUTBACK SUPPLIES

Uniforms - August 2015

 $             897.05

MFS

EFT32614

12/10/2015

EIGHTY MILE BEACH CARAVAN PARK

Accommodation for Works inspections

 $             220.00

MFS

EFT32615

12/10/2015

BURRGUK ABORIGINAL CORPORATION

Accommodation for workers - Cape Leveque Road maintenance - September 2015

 $         2,465.00

MFS

EFT32616

12/10/2015

COLES SUPERMARKETS - CHINATOWN, S324

Milk and consumables for various meetings / events - August 2015

 $             828.16

MFS

EFT32617

12/10/2015

FIRE & SAFETY SERVICES

Signage & extinguishers as required at BRAC as per audit

 $             437.53

MFS

EFT32618

12/10/2015

AMO CONTRACTING

Construction of concrete footpaths and cross overs as per RFT 13/08 in Broome North Estate

 $    124,425.40

MFS

EFT32619

12/10/2015

ST JOHN AMBULANCE AUSTRALIA - BROOME

Service of First Aid Kits at Shire Depot

 $             340.40

MFS

EFT32620

12/10/2015

BUNNINGS BROOME

Hardware & consumables - August 2015

 $         2,137.74

MFS

EFT32621

12/10/2015

PINDAN LABOUR SOLUTIONS PTY LTD

Labour hire to direct and assist customers through drop off area at Waste Management Facility w/e 30/08/15

 $             731.44

MFS

EFT32622

12/10/2015

ERIC HOOD PTY LTD

KRO1 ladies toilets  painted exposed asbestos cement material

 $             308.58

MFS

EFT32623

12/10/2015

LAIRD TRAN STUDIO

KRO analysis for procurement and ESD initiatives - 85% complete

 $         8,022.30

MFS

EFT32624

12/10/2015

CASTROL AUSTRALIA PTY LTD

Various engine oils for Workshop

 $         2,347.44

MFS

EFT32625

12/10/2015

ABNOTE AUSTRALASIA PTY LTD

Broome Public Library  - 3000  barcodes for memberships

 $             468.60

MFS

EFT32626

12/10/2015

MCCORRY BROWN EARTHMOVING PTY LTD

Supply and delivery of pindan to Waste Management Facility under Contract 14/07 - August 2015 &
wet hire of plant and equipment on the Cape Leveque Road for WANDRRA AGRN 657 as per RFT14/16 - August 2015

 $    369,015.61

MFS

EFT32627

12/10/2015

CHADSON ENGINEERING PTY LTD

Pool test tablets

 $             562.76

MFS

EFT32628

12/10/2015

BP AUSTRALIA PTY LTD - FUEL

13,999lL diesel for Shire fleet

 $       16,218.74

MFS

EFT32629

12/10/2015

FIELD AIR CONDITIONING & AUTO ELECTRICAL PTY LTD

Auto electrical repairs and installations - August 2015

 $         4,823.80

MFS

EFT32630

12/10/2015

GALVINS PLUMBING PLUS

Plumbing consumables for various parks - August 2015

 $             769.35

MFS

EFT32631

12/10/2015

LANDMARK OPERATIONS LTD

Herbicides, pesticides, fertilisers and consumables for Parks & Gardens - August 2015

 $         4,706.90

MFS

EFT32632

12/10/2015

BROOME WHEEL ALIGNING & SUSPENSION

Vehicle spare parts - August 2015

 $             575.50

MFS

EFT32633

12/10/2015

BJ DAVIES PLUMBING

Replace spindle, pipe and valve box - Cable Beach Road

 $             820.00

MFS

EFT32634

12/10/2015

AIR LIQUIDE

Beach Lifeguard First Aid - rental of 5 x Medical Oxy 'C'  - August 2015

 $             106.49

MFS

EFT32635

12/10/2015

KIMBERLEY GOLD PURE DRINKING WATER

Drinking water refills for various Shire facilities - August 2015

 $             703.00

MFS

EFT32636

12/10/2015

KIMBERLEY SOILS LABORATORY

Road base sample testing - Basketball/netball courts at BRAC

 $             748.00

MFS

EFT32637

12/10/2015

BROOME MOTORS

Repairs and replacements to various Shire fleet - August  2015

 $         1,520.95

MFS

EFT32638

12/10/2015

MCMULLEN NOLAN GROUP PTY LTD (MNG)

Surveyor to check CivilCad design elements for roundabout design 03/08/15

 $         1,935.18

MFS

EFT32639

12/10/2015

BROOME BOLT SUPPLIES WA PTY LTD

Hardware & consumables - August 2015

 $             617.38

MFS

EFT32640

12/10/2015

PRITCHARD FRANCIS PTY LTD

Provision of a design review for the proposed roundabout at the Cable Beach Road East - Reid Road Intersection as per RFT14/03

 $         1,842.50

MFS

EFT32641

12/10/2015

DICK SMITH ELECTRONICS

IT consumables - August 2015

 $             970.82

MFS

EFT32642

12/10/2015

BROOME CLARK RUBBER

Pool supplies and maintenance - August 2015

 $         3,914.32

MFS

EFT32643

12/10/2015

ORD RIVER ELECTRICS

Electrical repairs and installations at various Shire facilities - August 2015

 $             444.00

MFS

EFT32644

12/10/2015

HEAD OFFICE LANDGATE

Consolidated Mining Tenement Roll

 $             269.35

MFS

EFT32645

12/10/2015

SUNNY INDUSTRIAL BRUSHWARE

12x Gutter Brushes #22608G for road sweeper

 $         1,425.60

MFS

EFT32646

12/10/2015

PURCHER-INTERNATIONAL PTY LTD

Spare parts for large machinery - August 2015

 $             235.60

MFS

EFT32647

12/10/2015

RAECO

Stationery  - Library

 $             167.35

MFS

EFT32648

12/10/2015

ROYAL LIFE SAVING SOCIETY - WA

10 x pool lifeguard qualifications - BRAC staff

 $         1,490.00

MFS

EFT32649

12/10/2015

OFFICEMAX AUSTRALIA LTD

Stationery for Admin building - July 2015

 $         1,386.83

MFS

EFT32650

12/10/2015

ROCLA PIPELINE PRODUCTS

4 X 450mm x 2.58m class 2 concrete pipes, 2 X 450mm Headwalls - Denham Rd

 $         1,793.03

MFS

EFT32651

12/10/2015

BROOME PROGRESSIVE SUPPLIES

Stock for BRAC kiosk

 $             587.93

MFS

EFT32652

12/10/2015

GLOBE AUSTRALIA PTY LTD

1 x tub of 80 Grit Diamond Gel for tractor

 $             165.00

MFS

EFT32653

12/10/2015

MAJOR MOTORS PTY LTD

Spare parts for Shire fleet - August 2015

 $         1,108.27

MFS

EFT32654

12/10/2015

WURTH AUSTRALIA PTY LTD

Consumables for workshop - August 2015

 $         1,752.38

MFS

EFT32655

12/10/2015

KOMATSU AUSTRALIA PTY LTD

Spare parts for large machinery - August 2015

 $             271.98

MFS

EFT32656

12/10/2015

THERESA DE BIASI BENGTSON

Reimbursement of travel expenses whilst in Perth for IT Vision national conference presentation 09-11/09/15

 $             506.49

MFS

EFT32657

12/10/2015

MOMAR AUSTRALIA PTY LTD

Workshop consumables - August 2015

 $         1,029.60

MFS

EFT32658

12/10/2015

GOOD EARTH GARDEN PRODUCTS PTY LTD

Potting mix for Parks & Gardens

 $             792.00

MFS

EFT32659

12/10/2015

WIRTGEN AUSTRALIA PTY LTD

Spare parts for Shire fleet - August 2015

 $             563.11

MFS

EFT32660

12/10/2015

KI RECRUITMENT PTY LTD

Labour Hire casual Customer Service Officer - month ending 28/08/15

 $         6,002.48

MFS

EFT32661

12/10/2015

GREENLINE AG PTY LTD

Spare parts for large machinery - August 2015

 $               64.43

MFS

EFT32662

12/10/2015

HOLDFAST FLUID POWER NW PTY LTD

Replace hydraulic fittings to large machinery - August 2015

 $         2,264.57

MFS

EFT32663

12/10/2015

REGAL TRANSPORT

Freight - Depot

 $             133.33

MFS

EFT32664

12/10/2015

BROOME PLUMBING & GAS

Plumbing repairs & installations at various Shire facilities including  Liquid Waste Project at Broome Waste Management Facility - August 2015

 $         4,775.00

MFS

EFT32665

12/10/2015

REWARD DISTRIBUTION & SUPPLY CO P/L

Replacement 20 litre urn for Civic Centre

 $             221.27

MFS

EFT32666

12/10/2015

DATACOM

Various printer toner cartridges

 $         1,150.15

MFS

EFT32667

12/10/2015

BANDIT SALES AND SERVICE

Spare parts for wood chipper

 $         1,219.68

MFS

EFT32668

12/10/2015

BITUMEN SEALING SERVICES PTY LTD (BSS)

Carry out the urban re - seal works at various locations as per Contract 13/10 - September 2015

 $       36,277.38

MFS

EFT32669

12/10/2015

REPCO (EXEGO PTY LTD)

Super glue

 $               11.48

MFS

EFT32670

12/10/2015

WESTERN IRRIGATION PTY LTD

Maxi-Com Data & Software Training for the 3 x Reticulation Teams & P&G Supervisors

 $         6,600.00

MFS

EFT32671

12/10/2015

AMGROW PTY LTD (NUTURF)

Herbicide for Parks & Gardens

 $         2,340.80

MFS

EFT32672

12/10/2015

BAILEY WATER

Replacement of electrical cable on bore pump for Cape Leveque Road

 $             861.78

MFS

EFT32673

12/10/2015

BROOME PEST CONTROL

KRO 2 - Anglicare outer building - remove wasp nest

 $             240.00

MFS

EFT32674

12/10/2015

G. BISHOPS TRANSPORT SERVICES PTY LTD

Freight - Rocla Pipeline for Denham Rd

 $         2,168.54

MFS

EFT32675

12/10/2015

FORCH WA PTY LTD

6 x cans of foam cleaner

 $             102.96

MFS

EFT32676

12/10/2015

BRIDGESTONE AUSTRALIA LTD

Tyre repairs and replacements - August 2015

 $         2,243.83

MFS

EFT32677

13/10/2015

CASEY ZEPNICK

Bond refund

 $         2,600.00

MFS

EFT32678

15/10/2015

CITY OF SWAN

GIS Consulting Services - July 2015

 $         9,996.08

MFS

EFT32679

15/10/2015

HEAD OFFICE LANDGATE

Online Subscription Licence

 $         1,398.80

MFS

EFT32680

15/10/2015

WESTERN AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION

Employee Relations Subscription 01/07/15 - 30/06/16 & Procurement training in Perth for Depot supervisor

 $       13,420.00

MFS

EFT32681

15/10/2015

MERCURE HOTEL PERTH

Accommodation and meals for various staff attending training and meetings in Perth - September 2015

 $         2,191.95

MFS

EFT32682

15/10/2015

MATSO'S BROOME BREWERY

Refreshments for Council chambers

 $             856.81

MFS

EFT32683

15/10/2015

NORTHERN LANDSCAPES WA

Repairs to gate at Waste Management Facility

 $         2,816.00

MFS

EFT32684

15/10/2015

AARLI BAR

Catering for Citizenship Ceremony 08/10/15

 $             495.00

MFS

EFT32685

15/10/2015

LOCAL GOVERNMENT MANAGERS AUSTRALIA WA

LGMA membership 2015/16 for  Manager Community Development

 $             505.00

MFS

EFT32686

15/10/2015

TELSTRA

Costs for damage caused to Telstra asset lot 11 Denham RD Waterbank WA 6725

 $             867.32

MFS

EFT32687

15/10/2015

PACIFIC BIOLOGICS PTY LTD

Mosquito control consumables

 $         1,519.76

MFS

EFT32688

15/10/2015

WEST KIMBERLEY JUNIOR FOOTBALL LEAGUE

Department of Sport and Recreation Kid Sport funding - reimbursement of registration fees for 27 participants in the West Kimberley Junior Football program

 $         2,160.00

MFS

EFT32689

15/10/2015

MARKETFORCE

Advertising in various newspapers for recruitment and public notices - August 2015

 $             759.06

MFS

EFT32690

15/10/2015

SPORTS STAR TROPHIES

Medals for Dash & Splash 2015/2016 Series

 $             469.95

MFS

EFT32691

15/10/2015

NORTH WEST LOCKSMITHS

Provide replacement keys as per Shire of Broome Lock Audit - September 2015

 $       13,497.00

MFS

EFT32692

15/10/2015

GREGORY JAMES BOWEN

Town rubbish bag collection.  Week ending 11/10/15

 $             387.50

MFS

EFT32693

15/10/2015

WAVE 1

Hot Swap Renewal - Contract Number 1450 LF200I x 3 5.8G P2P Backhaul Link 22/10/2015 - 21/10/2016

 $         2,557.70

MFS

EFT32694

15/10/2015

WEST COAST ON HOLD

On-hold messages for Shire of Broome telephone system - July 2015

 $             276.00

MFS

EFT32695

15/10/2015

DC DATA COMMS

CCTV repairs - Cemetery

 $             132.00

MFS

EFT32696

15/10/2015

CLARITY COMMUNICATIONS

Direct email management for Shire of Broome, BRAC, Library, Broome Civic Centre, and Club Development Officer - 12-month contract, to be invoiced monthly.

 $             148.50

MFS

EFT32697

15/10/2015

SECURITY & TECHNOLOGY SERVICES (NORWEST)

CCTV repairs - Library

 $             297.00

MFS

EFT32698

15/10/2015

L.S. FRASER CARPENTER / BUILDER

Timber decking for Streeter’s Jetty - materials only

 $         4,950.00

MFS

EFT32699

15/10/2015

INLAND STUDIO

Design work for public advertisement

 $             440.00

MFS

EFT32700

15/10/2015

SEAT ADVISOR PTY LTD

Civic Centre tickets sales - September 2015

 $             253.55

MFS

EFT32701

15/10/2015

IGA - SEAVIEW

Daily newspapers - Media & Promotions Officer

 $               28.55

MFS

EFT32702

15/10/2015

XCY PTY LTD

Professional Services Archive configuration

 $             654.50

MFS

EFT32703

15/10/2015

TINA ELLIS

Reimbursement of items purchases for Business Breakfast

 $               69.78

MFS

EFT32704

15/10/2015

GBG MAPS PTY LTD

Ground penetrating radar survey of four areas within the Broome Cemetery

 $       12,771.00

MFS

EFT32705

15/10/2015

AUSTRALIAN TAXATION OFFICE

PAYG pay period ending 13/10/15

 $    115,494.15

MFS

EFT32706

15/10/2015

SALARY & WAGES

Salary Packaging

 $             410.77

MFS

EFT32707

15/10/2015

SALARY & WAGES

Salary Packaging

 $             223.15

MFS

EFT32708

15/10/2015

SALARY & WAGES

Salary Packaging

 $             600.00

MFS

EFT32709

15/10/2015

SALARY & WAGES

Salary Packaging

 $             646.35

MFS

EFT32710

15/10/2015

SALARY & WAGES

Salary Packaging

 $         1,608.61

MFS

EFT32711

15/10/2015

SALARY & WAGES

Salary Packaging

 $             508.52

MFS

EFT32712

15/10/2015

SALARY & WAGES

Salary Packaging

 $             500.00

MFS

EFT32713

15/10/2015

SALARY & WAGES

Salary Packaging

 $             896.29

MFS

EFT32714

15/10/2015

SALARY & WAGES

Salary Packaging

 $             376.79

MFS

EFT32715

15/10/2015

SALARY & WAGES

Salary Packaging

 $             410.00

MFS

EFT32716

15/10/2015

SALARY & WAGES

Salary Packaging

 $             567.97

MFS

EFT32717

15/10/2015

SALARY & WAGES

Salary Packaging

 $             750.00

MFS

EFT32718

15/10/2015

SALARY & WAGES

Salary Packaging

 $             300.00

MFS

EFT32719

15/10/2015

SALARY & WAGES

Salary Packaging

 $             523.92

MFS

EFT32720

15/10/2015

SALARY & WAGES

Salary Packaging

 $             450.00

MFS

EFT32721

15/10/2015

SALARY & WAGES

Salary Packaging

 $               88.17

MFS

EFT32722

15/10/2015

SALARY & WAGES

Salary Packaging

 $             780.00

MFS

EFT32723

15/10/2015

SALARY & WAGES

Salary Packaging

 $             240.00

MFS

EFT32724

15/10/2015

SALARY & WAGES

Salary Packaging

 $             877.27

MFS

EFT32725

16/10/2015

PAYROLL DEDUCTIONS

Payroll deductions

 $         1,150.93

MFS

EFT32726

16/10/2015

PAYROLL DEDUCTIONS

Payroll deductions

 $         1,260.53

MFS

EFT32727
to
EFT32827

16/10/2015

CANCELLED

Cancelled - Synergy system error

 $                      -  

-

EFT32828

19/10/2015

SALARY & WAGES

PPE 13/10/2015

 $             272.00

MFS

EFT32829

19/10/2015

SALARY & WAGES

PPE 13/10/2015

 $             376.00

MFS

EFT32830

19/10/2015

BROOME FIRST NATIONAL REAL ESTATE

Staff Rent

 $         8,624.53

MFS

EFT32831

19/10/2015

REALMARK BROOME

Staff Rent

 $         2,383.33

MFS

EFT32832

19/10/2015

PRD NATIONWIDE

Staff Rent

 $         6,946.07

MFS

EFT32833

19/10/2015

LJ HOOKER

Staff Rent

 $         4,340.47

MFS

EFT32834

19/10/2015

RAY WHITE BROOME

Staff Rent

 $         9,433.09

MFS

EFT32835

19/10/2015

CHARTER PROPERTY GROUP PTY LTD

Staff Rent

 $         2,607.14

MFS

EFT32836

19/10/2015

MAX BERNARD GRAFFEN

Staff Rent

 $         2,166.67

MFS

EFT32837

19/10/2015

MOAMA ON MURRAY RESORT

Staff Rent

 $         1,993.33

MFS

EFT32838

19/10/2015

JARROD WITHERS & JULIA SCOTT

Staff Rent

 $         2,600.00

MFS

EFT32839

19/10/2015

NORTHWEST SALT HOLDINGS PTY LTD

Rates refund for overpayment of assessment A305714

 $         1,095.13

MFS

EFT32840

19/10/2015

MINISTRY OF JUSTICE

Rates refund for overpayment of assessment A103771

 $             445.00

MFS

EFT32841

19/10/2015

VIVA ENERGY AUSTRALIA LTD (THE SHELL COMPANY OF AUSTRALIA LTD)

Fuel card purchases

 $               24.75

MFS

EFT32842

19/10/2015

KIMBERLEY REGIONAL SERVICE PROVIDERS (KRSP)

Rates refund for assessment A302916

 $             359.90

MFS

EFT32843

19/10/2015

H & M TRACEY CONSTRUCTION PTY LTD

Rates refund for overpayment of assessment A113160

 $         1,514.59

MFS

EFT32844

19/10/2015

MAGNESIUM RESOURCES PTY LTD

Rates refund for overpayment of assessment A302830

 $               10.96

MFS

EFT32845

19/10/2015

HORIZON POWER

Electricity charges for various Shire facilities - August to October 2015

 $       27,307.31

MFS

EFT32846

19/10/2015

VEAU PTY LTD

Rates refund for assessment A304003

 $             777.78

MFS

EFT32847

23/10/2015

SISTER CITIES AUSTRALIA INC

Annual Shire of Broome membership for 2015/16

 $             550.00

MFS

EFT32848

23/10/2015

OFFICE NATIONAL BROOME

Stationery items for office

 $             152.25

MFS

EFT32849

23/10/2015

FITZROY RIVER LODGE

Accommodation for Library Officers attending Regional Training Trip (Oral History)

 $             285.00

MFS

EFT32850

23/10/2015

MCINTOSH & SON

Spare parts for large machinery - August 2015

 $             712.33

MFS

EFT32851

23/10/2015

KIMBERLEY DISTRIBUTORS

Consumables for BRAC kiosk - August 2015

 $         2,417.24

MFS

EFT32852

23/10/2015

PAYROLL DEDUCTIONS

Payroll deductions

 $               19.40

MFS

EFT32853

23/10/2015

WATTLEUP TRACTORS

Spare parts for large machinery - August 2015

 $             247.50

MFS

EFT32854

23/10/2015

SHIRE OF WYNDHAM EAST KIMBERLEY

TAMD resource for SWEK to carry out monitoring and evaluation of TAMS trial

 $       16,500.00

MFS

EFT32855

23/10/2015

CANCELLED

Cancelled

 $                      -  

-

EFT32856

23/10/2015

COCA COLA AMATIL

Stock for BRAC kiosk

 $         6,660.84

MFS

EFT32857

23/10/2015

PAYROLL DEDUCTIONS

Payroll deductions

 $             720.00

MFS

EFT32858

23/10/2015

PAYROLL DEDUCTIONS

Payroll deductions

 $             800.00

MFS

EFT32859

23/10/2015

SPORTSPOWER BROOME

Basketball ring nets - BRAC

 $               80.00

MFS

EFT32860

23/10/2015

COLES SUPERMARKETS

Milk and consumables for various meetings / events - September 2015

 $             396.89

MFS

EFT32861

23/10/2015

BROOME PROGRESSIVE SUPPLIES

Stock for BRAC kiosk

 $             772.44

MFS

EFT32862

23/10/2015

SUZIE HASLEHURST

Reimbursement of expenses incurred whilst attending the Community Safety Summit

 $             383.40

MFS

EFT32863

23/10/2015

RAY WHITE BROOME

Staff Rental - new contract mid month

 $         2,673.33

MFS

EFT32864

23/10/2015

KIMBERLEY GOLD PURE DRINKING WATER

Drinking water refills for Waste Management Facility - September 2015

 $             285.00

MFS

EFT32865

23/10/2015

SALARY & WAGES

PPE 13/10/2015

 $             600.00

MFS

EFT32866

23/10/2015

HORIZON POWER

Street Lighting - September 2015

 $       43,537.61

MFS

EFT32867

23/10/2015

STATE LIBRARY OF WA

Lost book items - Library

 $             526.90

MFS

EFT32868

23/10/2015

MARK JOSEPH FLOYD

Rates refund for assessment A305002

 $         1,897.13

MFS

EFT32869

23/10/2015

BLACKWOODS

Hardware & consumables - September 2015

 $               40.79

MFS

EFT32870

23/10/2015

BROOME TOYOTA

Vehicle spare parts - August 2015

 $               35.98

MFS

EFT32871

23/10/2015

CASTROL AUSTRALIA PTY LTD

Engine oil for Workshop

 $         4,823.50

MFS

EFT32872

23/10/2015

BP BROOME CENTRAL & TYREPLUS BROOME

263.83L Unleaded fuel for Shire's small Plant

 $             406.03

MFS

EFT32873

23/10/2015

KIMBERLEY DISTRIBUTORS

Consumable items for BRAC kiosk

 $             520.40

MFS

EFT32874

23/10/2015

TOXFREE

Recycle collections and recycle bin replacement/repairs. Under Contract 14/01 supply of waste disposal goods and the provision of goods and services regarding the collection of waste - September 2015

 $       53,501.76

MFS

EFT32875

23/10/2015

COCA COLA AMATIL

Drink stock for BRAC kiosk

 $             647.39

MFS

EFT32876

23/10/2015

COLES SUPERMARKETS

Supplies for BRAC kiosk

 $               31.30

MFS

EFT32877

23/10/2015

BROOME PROGRESSIVE SUPPLIES

Stock for BRAC kiosk & consumables for Depot

 $         2,068.88

MFS

EFT32878

23/10/2015

MIDALIA STEEL PTY LTD

1 x length of chain and hooks for signage removal

 $             118.62

MFS

EFT32879

23/10/2015

SUNNY SIGN COMPANY PTY LTD

Assorted signs for new signs around town

 $         9,143.20

MFS

EFT32880

23/10/2015

KIMBERLEY GOLD PURE DRINKING WATER

Drinking water refills for Infrastructure Office - Barker Street

 $               57.00

MFS

EFT32881

23/10/2015

BRIDGESTONE BROOME

Tyre repairs and replacements - September 2015

 $         2,089.50

MFS

EFT32882

23/10/2015

BP SHINJU

Ice for Depot

 $               48.00

MFS

EFT32883

23/10/2015

CANCELLED

Cancelled

 $                      -  

-

EFT32884

23/10/2015

GREENLINE AG PTY LTD

Spare parts for large machinery - September 2015

 $             929.06

MFS

EFT32885

23/10/2015

AUTOPRO BROOME (Gaff Holdings Pty Ltd)

1 x AM/FM Radio

 $               35.00

MFS

EFT32886

23/10/2015

BUNNINGS BROOME

Hardware & consumables - September 2015

 $             237.01

MFS

EFT32887

23/10/2015

BROOME PLUMBING & GAS

Gas bottle for forklift (18kg)

 $               95.00

MFS

EFT32888

23/10/2015

FOR EARTH PTY LTD

For Earth Bio Plus 25lt for liquid waste at WMF

 $         9,369.98

MFS

EFT32889

23/10/2015

SIMON COLEMAN

Rates refund for assessment A304838

 $       16,530.84

MFS

EFT32890

24/10/2015

BLACKWOODS

Hardware & consumables & long pants for outside Shire workers - September 2015

 $         9,771.10

MFS

EFT32891

24/10/2015

BROOME FIRST NATIONAL REAL ESTATE

Staff rent water consumption - end of occupancy final water reading

 $               16.60

MFS

EFT32892

24/10/2015

CLEMENTSON STREET SMASH REPAIRS

Excess for insurance claim on Isuzu D-Max 1EML736

 $             500.00

MFS

EFT32893

24/10/2015

OFFICEMAX AUSTRALIA LTD

Stationery -September 2015

 $             421.10

MFS

EFT32894

24/10/2015

PRINTING IDEAS

Town Rubbish Bag Claim for Payment docket books

 $             327.80

MFS

EFT32895

24/10/2015

LO-GO APPOINTMENTS

Relief Rates Officer during vacancy of position - September 2015

 $         4,931.55

MFS

EFT32896

24/10/2015

OPTEON (NORTH WEST WA)

Lease advice - Town Beach Cafe

 $         1,980.00

MFS

EFT32897

24/10/2015

BROOME BARRELS

Uniforms for beach lifeguard

 $             400.00

MFS

EFT32898

24/10/2015

FIELD AIR CONDITIONING & AUTO ELECTRICAL PTY LTD

Find fault in water truck

 $             140.80

MFS

EFT32899

24/10/2015

SUBWAY BROOME

Catering for OSH Committee meeting 17/09/15

 $               77.00

MFS

EFT32900

24/10/2015

NORTH WEST COAST SECURITY

Security patrols and services at various Shire facilities for the period ending 27/09/2015 as per previous contract and RFQ 15-20

 $         7,925.50

MFS

EFT32901

24/10/2015

BROOME SMALL MAINTENANCE SERVICES

Minor maintenance and installations at various Shire facilities

 $             264.00

MFS

EFT32902

24/10/2015

OCLC (UK) LTD

Stocktake Training - Library Coordinator

 $             137.50

MFS

EFT32903

24/10/2015

NORTH WEST LOCKSMITHS

Key cutting

 $               60.00

MFS

EFT32904

24/10/2015

GREGORY JAMES BOWEN

Town rubbish bag collection.  Week ending 04/10/15

 $             347.50

MFS

EFT32905

24/10/2015

AUSTRALIAN INSTITUTE OF MANAGEMENT

Conflict Resolution training - Director Engineering Services  29 & 30/10/15

 $         1,215.00

MFS

EFT32906

24/10/2015

BUNNINGS BROOME

Hardware & consumables - September 2015

 $         1,486.12

MFS

EFT32907

24/10/2015

BROOME DOCTORS PRACTICE PTY LTD

Hep shots for outside worker

 $             205.00

MFS

EFT32908

24/10/2015

JULIE THOMAS

Town rubbish bag collection.  Week ending 04/10/15

 $               52.50

MFS

EFT32909

24/10/2015

WEST COAST ON HOLD

On-hold messages for Shire of Broome telephone system - September 2015

 $               69.00

MFS

EFT32910

24/10/2015

PINDAN LABOUR SOLUTIONS PTY LTD

Relief Finance Officer for vacancy cover during recruitment month ending 27/09/15

 $         3,945.33

MFS

EFT32911

24/10/2015

SECURITY & TECHNOLOGY SERVICES (NORWEST)

Alarm code for Depot

 $             176.00

MFS

EFT32912

24/10/2015

BROOME ROADLINE CIVIL CONTRACTORS

Provide traffic management on the Cape Leveque Road for WANDRRA AGRN 657 as per FRT14/16 - August 2015

 $       28,776.00

MFS

EFT32913

24/10/2015

BROOME PLUMBING & GAS

Plumbing repairs & installations at various Shire facilities - September 2015

 $             440.00

MFS

EFT32914

24/10/2015

NORTHWEST HYDRO SOLUTIONS (PATRICK ANNESLEY)

Reticulation parts, materials & consumables for various Parks & Reserves - September 2015

 $         1,090.99

MFS

EFT32915

24/10/2015

HERBERT SMITH FREEHILLS

Various Legal Fees - August / September 2015

 $         4,247.06

MFS

EFT32916

24/10/2015

EASIFLEET MANAGEMENT

Lease vehicle for Kimberley Zone Project Manager (to be reimbursed by Kimberley Zone members)

 $             792.09

MFS

EFT32917

24/10/2015

THE SEBEL MANDURAH

Accommodation for Senior Environmental Health Officer - Mosquito course

 $         1,940.00

MFS

EFT32918

24/10/2015

CANCELLED

Cancelled

 $                      -  

-

EFT32919

24/10/2015

KELLY SUMMERS

Refund cancelled Event Application as per Receipt No. 152915

 $               30.00

MFS

EFT32920

27/10/2015

LOMBADINA ABORIGINAL CORPORATION

Refund of payment made twice against Invoice 35648

 $               60.00

MFS

EFT32921

27/10/2015

PAYROLL DEDUCTIONS

Payroll deductions

 $         1,080.40

MFS

EFT32922

27/10/2015

KIMBERLEY LAND COUNCIL

Excess payment paid against Invoice 37507

 $       30,600.00

MFS

EFT32923

29/10/2015

KATELEN O'BRIEN

Library bond refund

 $               40.00

MFS

EFT32924

29/10/2015

ROEBUCK BAY WORKING GROUP

Library bond refund

 $             525.00

MFS

EFT32925

29/10/2015

SAMUEL TESARA FRONDA

Library bond refund

 $         1,000.00

MFS

EFT32926

30/10/2015

AUSTRALIAN TAXATION OFFICE

PAYG PPE 27/10/2015

 $    105,186.00

MFS

EFT32927

30/10/2015

SALARY & WAGES

Salary Packaging

 $             410.77

MFS

EFT32928

30/10/2015

SALARY & WAGES

Salary Packaging

 $             223.15

MFS

EFT32929

30/10/2015

SALARY & WAGES

Salary Packaging

 $             646.35

MFS

EFT32930

30/10/2015

SALARY & WAGES

Salary Packaging

 $         1,608.61

MFS

EFT32931

30/10/2015

SALARY & WAGES

Salary Packaging

 $             600.00

MFS

EFT32932

30/10/2015

SALARY & WAGES

Salary Packaging

 $             500.00

MFS

EFT32933

30/10/2015

SALARY & WAGES

Salary Packaging

 $             896.29

MFS

EFT32934

30/10/2015

SALARY & WAGES

Salary Packaging

 $             410.00

MFS

EFT32935

30/10/2015

SALARY & WAGES

Salary Packaging

 $             567.97

MFS

EFT32936

30/10/2015

SALARY & WAGES

Salary Packaging

 $             750.00

MFS

EFT32937

30/10/2015

SALARY & WAGES

Salary Packaging

 $             300.00

MFS

EFT32938

30/10/2015

SALARY & WAGES

Salary Packaging

 $             523.92

MFS

EFT32939

30/10/2015

SALARY & WAGES

Salary Packaging

 $               88.17

MFS

EFT32940

30/10/2015

SALARY & WAGES

Salary Packaging

 $             240.00

MFS

EFT32941

30/10/2015

SALARY & WAGES

Salary Packaging

 $             877.27

MFS

EFT32942

30/10/2015

PAYROLL DEDUCTIONS

Payroll deductions

 $         1,150.93

MFS

EFT32943

30/10/2015

OFFICE NATIONAL BROOME

Stationery - September 2015

 $             116.45

MFS

EFT32944

30/10/2015

CABLE BEACH ELECTRICAL SERVICE

Inspect and repair lighting bank at Male Oval

 $         1,199.00

MFS

EFT32945

30/10/2015

KIMBERLEY SIGNS & DESIGNS

Repaint lettering on top of chest - Bedford park chest

 $             396.00

MFS

EFT32946

30/10/2015

TOXFREE

Town Beach interceptor trap - provide vacuum truck for waste

 $             864.50

MFS

EFT32947

30/10/2015

OFFICEMAX AUSTRALIA LTD

Stationery - September 2015

 $             404.86

MFS

EFT32948

30/10/2015

KIMBERLEY CAMPING & OUTBACK SUPPLIES

Uniforms

 $             373.45

MFS

EFT32949

30/10/2015

GRACE REMOVALS GROUP

Relocation and removal expenses for Manager Health Emergency And Ranger Services from Karratha to Broome

 $         6,778.28

MFS

EFT32950

30/10/2015

THE WORKWEAR GROUP  (NNT)

Uniforms

 $             431.20

MFS

EFT32951

30/10/2015

TOTALLY WORKWEAR - BROOME

Uniforms

 $             579.20

MFS

EFT32952

30/10/2015

KIMBERLEY GOLD PURE DRINKING WATER

Drinking water refills at various Shire facilities - September 2015

 $             284.00

MFS

EFT32953

30/10/2015

HYMARK TRADING PTY LTD

Safety glasses for Depot

 $             365.64

MFS

EFT32954

30/10/2015

TOTAL EDEN PTY LTD

Reticulation parts, materials and consumables as required for repairs to all parks, reserves and ovals - August 2015

 $         1,366.51

MFS

EFT32955

30/10/2015

BROOME SMALL MAINTENANCE SERVICES

Minor maintenance and installations at various Shire facilities

 $             292.00

MFS

EFT32956

30/10/2015

PRITCHARD FRANCIS PTY LTD

Provision of detailed design for the Cable Beach Road East roundabout

 $       15,207.50

MFS

EFT32957

30/10/2015

DICK SMITH ELECTRONICS

IT consumables - September 2015

 $         1,130.83

MFS

EFT32958

30/10/2015

AVERY AIRCONDITIONING PTY LTD

At Shire of Broome Administration Offices, conduct air conditioning and refrigeration plant quarterly maintenance as per scope contract 13/16 - September 2015

 $             183.33

MFS

MUNICIPAL ELECTRONIC FUNDS TRANSFER TOTAL:

 $ 2,365,180.78

 

MUNICIPCAL CHEQUES - OCTOBER  2015

Cheque

Date

Name

Description

 Amount

Del Auth

57354

08/10/2015

BROOME SHIRE COUNCIL

Increase float at Waste Management Facility

 $               40.00

MFS

57355

08/10/2015

CHRISTOPHER RALPH MITCHELL

Councillor Sitting Fee 01/10/15 - 17/10/15

 $             949.11

MFS

57356

08/10/2015

DEPARTMENT OF TRANSPORT

812BM number plate

 $             200.00

MFS

57357

30/10/2015

TOWN BEACH CAFE

Reimbursement for half cost of the cost of repairs to the Town Beach Cafe sub mains

 $         2,612.50

MFS

57358

30/10/2015

DEPARTMENT OF TRANSPORT

12 month registration John Deere tractor 1EMV062

 $               52.80

MFS

MUNICIPAL CHEQUES TOTAL:

 $         3,854.41

 

MUNICIPAL DIRECT DEBIT - OCTOBER 2015

DD#

Date

Name

Description

 Amount

Del Auth

DD19092.1

13/10/2015

SUPERANNUATION

Superannuation contributions

 $       77,558.34

MFS

DD19092.2

13/10/2015

SUPERANNUATION

Superannuation contributions

 $             108.18

MFS

DD19092.3

13/10/2015

SUPERANNUATION

Superannuation contributions

 $             269.95

MFS

DD19092.4

13/10/2015

SUPERANNUATION

Superannuation contributions

 $             260.51

MFS

DD19092.5

13/10/2015

SUPERANNUATION

Superannuation contributions

 $             670.94

MFS

DD19092.6

13/10/2015

SUPERANNUATION

Superannuation contributions

 $             485.28

MFS

DD19092.7

13/10/2015

SUPERANNUATION

Superannuation contributions

 $             410.63

MFS

DD19092.8

13/10/2015

SUPERANNUATION

Superannuation contributions

 $             305.17

MFS

DD19092.9

13/10/2015

SUPERANNUATION

Superannuation contributions

 $               29.59

MFS

DD19092.10

13/10/2015

SUPERANNUATION

Superannuation contributions

 $             427.05

MFS

DD19092.11

27/10/2015

SUPERANNUATION

Superannuation contributions

 $             290.83

MFS

DD19092.12

13/10/2015

SUPERANNUATION

Superannuation contributions

 $               61.80

MFS

DD19092.13

13/10/2015

SUPERANNUATION

Superannuation contributions

 $             751.31

MFS

DD19092.14

13/10/2015

SUPERANNUATION

Superannuation contributions

 $             209.64

MFS

DD19092.15

13/10/2015

SUPERANNUATION

Superannuation contributions

 $             288.11

MFS

DD19092.16

13/10/2015

SUPERANNUATION

Superannuation contributions

 $             174.24

MFS

DD19092.17

13/10/2015

SUPERANNUATION

Superannuation contributions

 $         1,600.07

MFS

DD19092.18

13/10/2015

SUPERANNUATION

Superannuation contributions

 $             628.02

MFS

DD19112.1

27/10/2015

SUPERANNUATION

Superannuation contributions

 $       73,404.20

MFS

DD19112.2

27/10/2015

SUPERANNUATION

Superannuation contributions

 $               88.64

MFS

DD19112.3

27/10/2015

SUPERANNUATION

Superannuation contributions

 $             239.58

MFS

DD19112.4

27/10/2015

SUPERANNUATION

Superannuation contributions

 $             260.51

MFS

DD19112.5

27/10/2015

SUPERANNUATION

Superannuation contributions

 $             609.29

MFS

DD19112.6

27/10/2015

SUPERANNUATION

Superannuation contributions

 $             478.54

MFS

DD19112.7

27/10/2015

SUPERANNUATION

Superannuation contributions

 $             327.46

MFS

DD19112.8

27/10/2015

SUPERANNUATION

Superannuation contributions

 $             305.17

MFS

DD19112.9

27/10/2015

SUPERANNUATION

Superannuation contributions

 $             256.43

MFS

DD19112.10

27/10/2015

SUPERANNUATION

Superannuation contributions

 $             277.25

MFS

DD19112.11

27/10/2015

SUPERANNUATION

Superannuation contributions

 $               36.90

MFS

DD19112.12

27/10/2015

SUPERANNUATION

Superannuation contributions

 $             427.06

MFS

DD19112.13

27/10/2015

SUPERANNUATION

Superannuation contributions

 $         1,044.65

MFS

DD19112.14

27/10/2015

SUPERANNUATION

Superannuation contributions

 $             150.64

MFS

DD19112.15

27/10/2015

SUPERANNUATION

Superannuation contributions

 $             620.06

MFS

DD19112.16

27/10/2015

SUPERANNUATION

Superannuation contributions

 $             288.11

MFS

DD19112.17

27/10/2015

SUPERANNUATION

Superannuation contributions

 $             177.52

MFS

DD19112.18

27/10/2015

SUPERANNUATION

Superannuation contributions

 $         1,716.85

MFS

DD19112.19

27/10/2015

SUPERANNUATION

Superannuation contributions

 $             628.02

MFS

MUNICIPAL DIRECT DEBIT TOTAL:

 $    165,866.54

 

MUNICIPAL ELECTRONIC TRANSFER TOTAL

 $ 2,365,180.78

MUNICIPAL CHEQUES TOTAL

 $         3,854.41

TRUST CHEQUES TOTAL

 $                      -  

MUNICIPAL DIRECT DEBIT TOTAL

 $    165,866.54

TOTAL PAYMENTS - OCTOBER 2015

 $ 2,534,901.73

Key for Delegation of Authority:

CEO

Chief Executive Officer

MFS

Manager Financial Services

AMFS

Acting Manager Financial Services

DCS

Director Corporate Services

 


Agenda – Ordinary Meeting of Council 26 November 2015                                                                     Page 572 of 573

 

9.4.2      MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT - OCTOBER 2015

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           FRE02

AUTHOR:                                                   Senior Finance Officer

CONTRIBUTOR/S:                                    Manager Financial Services 

RESPONSIBLE OFFICER:                          Director Corporate Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    2 November 2015

 

SUMMARY:         Council is required by legislation to consider and adopt the Monthly Statement of Financial Activity Report for the period ended 31 October 2015, as required by Regulation 34(1) of the Local Government (Financial Management) Regulations 1996.

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

 

BACKGROUND

 

Previous Considerations

 

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

 

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

 

Disclosure and supply of appropriate explanations for variances presented in the Statement of Financial Activity, is mandatory under FMR 34(2)(b) as stated in Policy 2.1.1 Materiality in Financial Reporting.

 

FMR 34(5) requires a local government to adopt a percentage or value, calculated in accordance with the Australian Accounting Standards (AAS) and Council’s adopted risk management matrix thresholds, to be used in statements of financial activity for reporting material variances.

 

COMMENT

 

The 2015/2016 Annual Budget was adopted at the Special Meeting of Council on 13 August 2015.

 

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

 

Budget Year elapsed                       33%

Total Rates Raised Revenue            100% (of which 66% has been paid)

Total Other Operating Revenue     42%

Total Operating Expenditure           31%

Total Capital Revenue                      9%

Total Capital Expenditure                 5%

Total Sale of Assets Revenue          26%

 

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

 

Based on the 2015/2016 Annual Budget presented at the Special Meeting of Council on 13 August 2015, Council adopted an end of year deficit position of $58,452 at 30 June 2016. This position was determined with the inclusion of carry-over projects and the early payment of 15/16 General Purpose grant funding received prior to 30 June 2015 year. The end-of-year surplus was estimated to be $2.3 million.

 

End of year adjustments were processed and the full Annual Financial Report was presented to Council at the Ordinary Meeting of Council on 15 October 2015. As part of the Annual Financial Report, the full end-of-year surplus was presented to Council totalling $3.4 million. After consideration for the $2.3 million of carry-over expenditure presented as part of the annual budget, the remainder of the surplus was recommended to be transferred to reserve to offset the expenditure of a number of major 15/16 projects. The net result of these transfers to reserve increases the budgeted end-of-year deficit to $100,533. This increase represents the inclusion of the estimate for the 2015/2016 brought forward surplus amount of $42,081. This additional allocation to reserves is proposed to be offset by organisational savings that have been identified and will be reported to the Audit Committee and Council for the 2015/2016 first quarter Finance and Costing Review (FACR) in December 2015.

 

CONSULTATION

 

Department of Local Government and Communities

 

STATUTORY ENVIRONMENT

 

Local Government (Financial Management) Regulations 1996

 

34. Financial activity statement report — s. 6.4

1A)       In this regulation —

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

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

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

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

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

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

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

 

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

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

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

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

 

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

a)          according to nature and type classification;

b)          by program; or

c)          by business unit.

 

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

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

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

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

 

Local Government Act 1995

 

6.8. Expenditure from municipal fund not included in annual budget

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

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

b)          is authorised in advance by resolution*; or

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

(1a        In subsection (1) —

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

 

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

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

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

* Absolute majority required.

 

POLICY IMPLICATIONS

 

2.1.1 Materiality in Financial Reporting

 

FINANCIAL IMPLICATIONS

 

The adoption of the Monthly Financial Report is retrospective.  Accordingly, the financial implications associated with adopting the Monthly Report are Nil.

 

RISK

 

The Financial Activity report is presented monthly and provides a retrospective picture of the activities at the Shire. Contained within the report is information pertaining to the financial cost and delivery of strategic initiatives and key projects.

 

In order to mitigate the risk of budget over-runs or non-delivery of projects, the Chief Executive Officer has implemented internal control measures such as regular Council and management reporting and the Quarterly Finance and Costing Review to monitor financial performance against budget estimates. Materiality reporting thresholds have been established at half the adopted Council levels, which equate to $5,000 for operating budget line items and $10,000 for capital items, to alert management prior to there being irreversible impacts.

 

It should also be noted that there is a possibility of a misrepresentation of the financials through either human error or potential fraudulent activity. The establishment of control measures through a series of efficient systems, policies and procedures, which fall under the responsibility of the CEO as laid out in the Local Government Financial Management Regulation 1996 regulation 5, seek to mitigate the possibility of this occurring. These controls are set in place to provide daily, weekly and monthly checks to ensure that the integrity of the data provided is reasonably assured.

 

STRATEGIC IMPLICATIONS  

 

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

 

Affordable and equitable services and infrastructure

 

Affordable land for residential, industrial, commercial and community use

 

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

 

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

 

Sustainable and integrated strategic and operational plans

 

Responsible resource allocation

 

Effective community engagement

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Adopts the Monthly Financial Activity Report for the period ended 31 October 2015 and;

2.       Receives the General Fund Summary of Financial Activity (Schedules 2-14) for the period ended 31 October 2015.

 

 

Attachments

1.

October Financial Activity Report

2.

October 2015- General Fund Summary and Details

  


Item 9.4.2 - MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT - OCTOBER 2015

October Financial Activity Report

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


Item 9.4.2 - MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT - OCTOBER 2015

October Financial Activity Report

 

 


Item 9.4.2 - MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT - OCTOBER 2015

October Financial Activity Report

 

 


 


 


Item 9.4.2 - MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT - OCTOBER 2015

October Financial Activity Report

 

 


Item 9.4.2 - MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT - OCTOBER 2015

October Financial Activity Report

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Item 9.4.2 - MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT - OCTOBER 2015

October 2015- General Fund Summary and Details

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Agenda – Ordinary Meeting of Council 26 November 2015                                                                     Page 746 of 747

 

9.4.3      COUNCIL MEETING DATES 2016

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           AME01

AUTHOR:                                                   Senior Administration and Governance Officer

CONTRIBUTOR/S:                                    Manager Governance

RESPONSIBLE OFFICER:                          Director Corporate Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    20 October 2015

 

SUMMARY:         This report recommends that Council adopts the proposed meeting dates for the Ordinary Meetings of Council to be held in 2016 to enable advertising of such as required under the Local Government Act 1995.

 

BACKGROUND

 

Previous Considerations

 

OMC 21 December 2006                 Item 9.1.4

OMC 25 October 2007                     Item 9.1.4

OMC 20 November 2008                 Item 9.1.2

OMC 1 October 2009                       Item 9.1.2 (Deferred)

OMC 29 October 2009                     Item 9.1.2

OMC 15 December 2010                 Item 9.1.3

OMC 27 October 2011                     Item 9.1.5

OMC 1 November 2012                   Item 9.4.3

OMC 21 November 2013                 Item 9.4.5

OMC 24 November 2014                 Item 9.4.4

 

In accordance with Regulation 12(1) of the Local Government (Administration) Regulations 1996, local governments are to at least once a year provide local public notice of the date, time and location that their Ordinary Meetings of Council are to be held within the next 12 months.

 

COMMENT

 

It is proposed that in 2016 Ordinary Meetings of Council are to be generally held in the Shire of Broome Council Chambers on the last Thursday of every month commencing at 5.00pm. 

 

In previous years one Ordinary Meeting of Council has been held at a Community within the Shire of Broome, as follows:

 

          OMC 2 September 2009    Beagle Bay

          OMC 2 September 2010    Ardyaloon

          OMC 1 September 2011    Lombadina

          OMC 6 September 2012    Bidyadanga

          OMC 19 September 2013 Beagle Bay

          OMC 25 September 2014  Ardyaloon

          OMC 24 September 2015  Lombadina (adjourned due to no quorum)

 

For 2016, it is proposed to hold the 29 September 2016 meeting at the Bidyadanga Aboriginal Community, at 11.00am, in the Communities Council Boardroom.  This facility has been tentatively booked for the holding of this meeting as proposed.

 

It should be noted that the December 2016 meeting is to be held on the third Thursday due to Christmas.    

 

Meeting dates for 2011, 2012, 2013, 2014 and 2015 provided for a recess in January which allowed for a total of 11 Ordinary Meetings of Council held over the calendar year.  This recess period was a proven success which allowed staff and Councillors sufficient time off over the Christmas and school holiday period, and releases staff from the early January Agenda preparation cycle necessary to hold a January meeting. 

 

Please note the following 11 meeting dates are proposed for the Ordinary Meetings of Council for 2016.

 

                          January 2016                          Recess

                          25 February 2016

                          31 March 2016

                          28 April 2016

                          26 May 2016

                          30 June 2016

                          28 July 2016

                          25 August 2016

                          29 September 2016                (Bidyadanga Community – 11.00am)

                          27 October 2016

                          24 November 2016

                          15 December 2016

 

These proposed dates are included in the attached meeting schedule and calendar and have taken into consideration the following significant dates:

 

WALGA Local Government

 Convention

Wednesday 3 – Friday 5 August

Ladies Day

Tuesday, 9 August

Broome Cup

Saturday, 13 August

Shinju Matsuri Festival

9 – 18 September (tentative dates at this stage)

 

 

CONSULTATION

 

Bidyadanga Community

WA Local Government Association

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

 

5.3.       Ordinary and special council meetings

(1)         A council is to hold ordinary meetings and may hold special meetings.

(2)         Ordinary meetings are to be held not more than 3 months apart.

(3)         If a council fails to meet as required by subsection (2) the CEO is to notify the Minister of that failure.

 

5.25.     Regulations about council and committee meetings and committees

(1)         Without limiting the generality of section 9.59, regulations may make provision in relation to:

(g)        the giving of public notice of the date and agenda for council or committee meetings;

 

Local Government (Administration) Regulations 1996

 

12.        Public notice of council or committee meetings — s.5.25(1)(g)

(1)         At least once each year a local government is to give local public notice of the dates on which and the time and place at which —

(a)        the ordinary council meetings; and

(b)        the committee meetings that are required under the Act to be open to members of the public or that are proposed to be open to members of the public,

are to be held in the next 12 months.

 

(2)         A local government is to give local public notice of any change to the date, time or place of a meeting referred to in sub-regulation (1).

 

(3)         Subject to sub-regulation (4), if a special meeting of a council is to be open to members of the public then the local government is to give local public notice of the date, time, place and purpose of the special meeting.

 

(4)         If a special meeting of a council is to be open to members of the public but, in the CEO’s opinion, it is not practicable to give local public notice of the matters referred to in sub-regulation (3), then the local government is to give public notice of the date, time, place and purpose of the special meeting in the manner and to the extent that, in the CEO’s opinion, is practicable.

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

In accordance with regulation 12(1) of the Local Government (Administration) Regulations 1996 an advertisement will be placed in the Broome Advertiser.  Approximate cost for the advertising of Ordinary Meeting dates will be $500 and this has been included in the 2015/2016 Budget under A/c No. 142100. 

 

STRATEGIC IMPLICATIONS   

 

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

 

Effective communication.

 

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

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Adopt the following Ordinary Meetings of Council dates for 2016 commencing at 5.00pm in the Shire of Broome Council Chambers, with the exception of 29 September 2015 which is to be held at Bidyadanga Aboriginal Community at 11.00am:

January     (Recess)

25 February 2016

31 March 2016

28 April 2016

26 May 2016

30 June 2016

28 July 2016

25 August 2016

29 September 2016 (Bidyadanga – 11.00am)

27 October 2016

24 November 2016

15 December 2016

 

2.       Writes to Bidyadanga Aboriginal Community confirming that the 29 September 2016 Ordinary Meeting of Council will be held at the Bidyadanga Community at 11.00am.

 

 

Attachments

1.

Proposed Council Meeting Schedule 2016

2.

Calendar of Proposed 2016 Meeting Dates

  


Item 9.4.3 - COUNCIL MEETING DATES 2016

Proposed Council Meeting Schedule 2016

 

 

 

 

PROPOSED COUNCIL MEETING SCHEDULE FOR

2016

 

Meetings to be held in the Shire of Broome Council Chambers commencing at 5pm

(with the exception of 29 September 2016)

 

 

JANUARY

Recess

 

 

FEBRUARY

Thursday, 25February 2016

 

 

MARCH

Thursday, 31 March 2016

 

 

APRIL

Thursday, 28 April, 2016

 

 

MAY

Thursday, 26 May 2016

 

 

JUNE

Thursday, 30 June 2016

 

 

JULY

Thursday, 28July 2016

 

 

AUGUST

Thursday, 25 August 2016

 

 

SEPTEMBER

*Thursday, 29 September 2016

 

 

OCTOBER

Thursday, 27 October 2016

 

 

NOVEMBER

Thursday, 24 November 2016

 

 

DECEMBER

Thursday, 15  December 2016

 

* (to be held at Bidgydanga Aboriginal  Community at 11am)

 

 

 

 

 

KR DONOHOE

Chief Executive Officer


Item 9.4.3 - COUNCIL MEETING DATES 2016

Calendar of Proposed 2016 Meeting Dates

 

 


 


Agenda – Ordinary Meeting of Council 26 November 2015                                                                     Page 753 of 754

 

9.4.4      2015/2016 CHRISTMAS CLOSURE

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           ADM01

AUTHOR:                                                   Senior Administration and Governance Officer

CONTRIBUTOR/S:                                    Manager Governance

RESPONSIBLE OFFICER:                          Director Corporate Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    30 October 2015

 

SUMMARY:         In accordance with prior conventions the Executive Management Group (EMG) is recommending Council approval to close the Shire’s operations over the Christmas/New Year period for 2015/2016.  This will be subject to an adequate contingency plan for required skeleton staff to ensure the smooth running of core services to the community as required.  Employees will be required to take annual or accrued leave which will assist in reducing high annual leave accruals which have proven difficult for some staff to clear on an individual basis.

 

BACKGROUND

 

Previous Considerations

 

OMC 2 September 2010                  Item 12.1

OMC 1 September 2011                  Item 9.3.3

OMC 6 September 2012                  Item 9.4.3

OMC 19 September 2013                Item 9.4.4

OMC 25 September 2014                Item 9.4.3

 

A report was submitted to the Ordinary Council Meeting of Council held on 25 September 2014 for the consideration of the closure of the Shire Offices over the Christmas / New Year period.  The following resolution was adopted by Council:

COUNCIL RESOLUTION:

(REPORT RECOMMENDATION)

 

Moved: Cr C Mitchell                    Seconded: Cr D Male

 

That Council;

 

1.         Supports the closure of the Broome Recreation and Aquatic Centre on Thursday 25 December 2014 (Christmas Day) and Thursday 1 January 2015 (New Years Day) and supports the reduced operating hours as outlined in this report (Table 1) for the period 18 December 2014 to 2 January 2015 (inclusive).

 

2.         Supports the closure of the Broome Waste Management Facility on Thursday 25 December 2014 (Christmas Day).

 

3.         Supports the closure of the Broome Civic Centre from 24 December to 26 December 2014 (inclusive) and 1 January 2015.

 

4.         Supports the closure of the remaining Shire operations, including the Administration Office and Library, from Thursday 25 December 2014 to Sunday 4 January 2015 (inclusive).

 

5.         Acknowledges that employees will utilise annual or accrued leave for the above periods which are not public holidays.

 

The above closures are subject to an adequate contingency plan outlining skeleton staff required to ensure essential services are provided to the public.

 

CARRIED UNANIMOUSLY 7/0

 

COMMENT

The Shire does not appear to have received any negative comments resulting from the Christmas Closures over the 2010/2011, 2011/2012, 2012/2013, 2013/2014 and 2014/2015 periods.

It is therefore recommended, given the success of previous Christmas closures and reduced hours of operation for the Broome Recreation and Aquatic Centre (BRAC), the Broome Waste Management Facility (BWMF) and Broome Civic Centre, that the Shire close operations or reduce opening hours over the 2015/2016 Christmas/New Year period as outlined below.

 

Broome Recreation and Aquatic Centre (BRAC) (Table 1)

 

It should be noted that BRAC only propose to be closed on Christmas Day and New Year’s Day.  Staff advise this is generally a quiet time of the year and as such they are proposing the following opening hours during the period 18 December 2015 to 2 January 2016.

 

Date

Normal Opening Hours (Pool/Centre)

Proposed Opening Hours

Friday 18 December

5.45am–6.30pm (pool) 7.30(Centre)

5.45am – 6.00pm

Saturday 19 December

9.00am – 5.00pm

9.00am – 5.00pm

Sunday 20 December

9.00am – 5.00pm

9.00am – 5.00pm

Monday 21 December

5.45am–7.30pm (pool) 9.00pm (Centre)

5.45am – 6.00pm

Tuesday 22 December

5.45am – 7.30pm (pool) 9.00pm (Centre)

5.45am – 6.00pm

Wednesday 23 December

5.45am – 7.30pm (pool) 9.00pm (Centre)

5.45am—4.00pm

Thursday 24 December –

CHRISTMAS EVE

5.45am – 7.30pm (pool) 9.00pm (Centre)

5.45am—4.00pm

Friday 25 December –

CHRISTMAS DAY

5.45am – 6.30pm(pool) 7.30(Centre)

Centre Closed

Saturday 26 December –

BOXING DAY

9.00am – 5.00pm

10.00am – 5.00pm

Sunday 27 December

9.00am – 5.00pm

10.00am – 5.00pm

Monday 28 December

5.45am – 7.30pm (pool) 9.00pm (Centre)

10.00am – 5.00pm

Tuesday 29 December

5.45am – 7.30pm (pool) 9.00pm (Centre)

5.45am – 5.00pm

Wednesday 30 December

5.45am – 7.30pm (pool) 9.00pm (Centre)

5.45am – 5.00pm

Thursday 31 January

5.45am – 7.30pm (pool) 9.00pm (Centre)

5.45am – 4.00pm

Friday 1 January –

NEW YEAR’S DAY

5.45am – 6.30pm(pool) 7.30(Centre)

Centre Closed

Saturday 2 January

9.00am – 5.00pm

9.00am – 5.00pm

 

Broome Waste Management Facility (BWMF)

 

The Waste Management Facility is proposed to be closed on Christmas Day and normal hours will apply for the remainder of the Christmas break.  The site will be open for Boxing Day and New Years Day public holidays.

 

Broome Public Library (Table 2)

 

The Library is proposed to be closed for the Christmas period from 4pm Friday 24 December 2015, and re-open for normal business from Tuesday 29 December to Thursday 31 December. It is proposed that the Library will close to the public for stocktake from Monday 4 January to Thursday 7 January 2016.

 

Arrangements will be made to allow double loans from Friday 18 December 2015 to cover the closure period.

 

Thursday 24 December 2015

OPEN for business (4pm early closure)

Friday 25 December 2015

CLOSED (Christmas Day Public Holiday)

Saturday 26 December 2015

CLOSED (Annual Leave 3 hrs – 2 staff)

Sunday 27 December 2015

CLOSED (Weekend)

Monday 28 December 2015

CLOSED (Boxing Day Public Holiday)

Tuesday 29 December 2015

OPEN for normal business

Wednesday 30 December 2015

OPEN for normal business

Thursday 31 December 2016

OPEN for normal business

Friday 1 January 2016

CLOSED (New Years Day Public Holiday)

Saturday 2 January 2016

CLOSED (Annual Leave 3 hrs – 2 staff)

Sunday 3 January 2016

CLOSED (Weekend)

Monday 4 January 2016

CLOSED FOR STOCKTAKE

Tuesday 5 January 2016

CLOSED FOR STOCKTAKE

Wednesday 6 January 2016

CLOSED FOR STOCKTAKE

Thursday 7 January

CLOSED FOR STOCKTAKE

Friday 8 January

OPEN for normal business

 

Administration Office and Broome Civic Centre (Table 3)

 

With the exception of BRAC, BWMF and Broome Public Library, the EMG is recommending closures for the Administration Office and Broome Civic Centre as follows:

 

 

Thursday 24 December 2015

OPEN for normal business

Friday 25 December 2015

CLOSED (Christmas Day Public Holiday)

Saturday 26 December 2015

CLOSED (Weekend)

Sunday 27 December 2015

CLOSED (Weekend)

Monday 28 December 2015

CLOSED (Boxing Day Public Holiday)

Tuesday 29 December 2015

CLOSED (Annual Leave)

Wednesday 30 December 2015

CLOSED (Annual Leave)

Thursday 31 December 2016

CLOSED (Annual Leave)

Friday 1 January 2016

CLOSED (New Years Day Public Holiday)

Saturday 2 January 2016

CLOSED (Weekend)

Sunday 3 January 2016

CLOSED (Weekend)

Monday 4 January 2016

OPEN resume normal business

 

To ensure essential services are still adequately delivered to the community, the management team will develop a contingency plan which will outline which employees and/or departments that will be required to continue working through the period and how workloads will be managed to ensure maximum output for those departments.

 

Adequate notice of the closure will be provided to the public to further minimise any disruptions.

 

CONSULTATION

 

The closures will be advertised in the Broome Advertiser, Shire of Broome website, administration, library and BRAC notice boards and through media releases.

 

STATUTORY ENVIRONMENT

 

Nil

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

Nil

 

RISK

 

Employees will be required to take annual or accrued leave which will assist in reducing leave accruals which have proven difficult for some staff to clear on an individual basis.  Auditors have previously identified high leave accruals as a current Organisational Risk for the Shire of Broome.

 

Sufficient advertising of closures as indicated above with inform the community in advance of the closures.

 

Staff will be rostered on to ensure essential services continue to be provided to the public during this time.

 

STRATEGIC IMPLICATIONS  

 

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

 

Responsible resource allocation

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Supports the closure of the Broome Recreation and Aquatic Centre on Friday 25 December 2015 (Christmas Day) and Friday 1 January 2016 (New Years Day) and supports the reduced operating hours as outlined in this report (Table 1) for the period 18 December 2015 to 2 January 2016 inclusive.

2.       Supports the closure of the Broome Waste Management Facility on Friday 25 December 2015 (Christmas Day).

3.       Notes the Broome Public Library will be closed to the public for stock take from Monday 4 January to Thursday 7 January 2016 inclusive as outlined in this report (Table 2).

4.       Supports the closure of the Broome Public Library from 4pm Thursday 24 December 2015, Saturday 26 December 2015, Monday 28 December 2015 and Saturday 2 January 2015 as outlined in this report (Table 2).

5.       Supports the closure of the remaining Shire operations, including the Administration Office and Broome Civic Centre from Friday 25 December 2015 to Sunday 3 January 2016 (inclusive).

6.       Acknowledges that employees will utilise annual or accrued leave for the above periods which are not public holidays.

7.       Notes the above closures are subject to an adequate contingency plan outlining staff required to ensure essential services continue to be provided to the public.

 

 

Attachments

Nil


Agenda – Ordinary Meeting of Council 26 November 2015                                                                     Page 758 of 759

 

9.4.5      APPOINTMENTS TO COMMITTEES AND WORKING GROUPS

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           ARE01

AUTHOR:                                                   Senior Administration and Governance Officer

CONTRIBUTOR/S:                                    Manager Governance

RESPONSIBLE OFFICER:                          Director Corporate Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    19 October 2015

 

SUMMARY:         Following the outcome of the Ordinary Local Government Election on 17 October 2015, Council is required to consider its representation on various Council Committees, Working Groups and external Committees.

 

BACKGROUND

 

Previous Considerations

 

OMC 24 May 2005                             Item 9.4.7

OMC 22 November 2007                 Item 9.4.4

OMC 26 November 2009                 Item 9.4.3

OMC 27 October 2011                     Item 9.1.3

OMC 18 December 2012                 Item 9.1.5

OMC 21 November 2013                 Item 9.4.6

As per section 5.11 of the Local Government Act 1995, Council representatives on Committees (and subsequently, Shire of Broome Working Groups and externally administered Committees) are discontinued following a local government election and as such, nominations for Council representation are required.

 

COMMENT

 

Shire staff have reviewed and proposed amendments to the Committees Booklet containing Terms of Reference for all active Shire of Broome Council Committees, Working Groups and external Committees requiring Council representation.  The Table of Contents Parts 1 and 2 outline Council Committees and Working Groups and Part 3 outlines Council representation on external Committees.  The appendix contains a Declaration of Financial Interest form which is applicable for Shire of Broome administered committees and working groups. 

 

It is noted that the current external representatives on Committees are recommended to be re-appointed to provide continuity of background information and historical knowledge. New members will be sought to fill any vacancies and new appointments presented to Council as they arise.

 

The Draft Committees and Working Groups 2015 Terms of Reference, with amendments marked is provided as an attachment to this report.  Additions or revisions are shown in red and any text to be deleted is struck through.

The proposed changes are summarised as follows:

 

PART 1 – COUNCIL COMMITTEES

Audit Committee

Amendments are as detailed in the attachment.

 

Access and Inclusion Advisory Committee

The quorum has been amended from 4 to 7 members in line with section 5.19 of the Local Government Act 1995 (at least 50% of membership).

The Vision/Purpose has been updated to include outcome 7 of the Disability Access and Inclusion Plan.

Other amendments are as detailed in the attachment.

 

Arts, Culture and Heritage Advisory Committee

The objectives have been revised and other amendments are as detailed in the attachment.

 

Broome Cemetery Advisory Committee

Under the current membership, the quorum should be at least 7 members in line with Section 5.19 of the Local Government Act 1995 (at least 50% of membership).

In review of Committee attendance over the past two years it has been rare that 7 Committee members have been in attendance at any one meeting. To ensure a quorum is met going forward, officers are recommending the removal of 1x Councillor, 1x Community Delegate, 1x Broome Anglican Church Delegate (currently vacant) and 1x Funeral Director resulting in the quorum required being reduced to 5 members. 

 

Any requests for membership to the Broome Cemetery Advisory Committee will be presented to Council for consideration in due course and the Terms of Reference be amended accordingly.

 

Other amendments are as detailed in the attachment.

 

Bush Fire Advisory Committee

Officers have recommended that Nyamba Buru Yawuru and Kimberley Land Council (KLC) be approached to nominate Agency Delegates, resulting in two additional members for this Committee. 

Other amendments are as detailed in the attachment.

 

Economic Development Advisory Committee

Community Delegates have been updated to reflect current membership.

 

Local Emergency Management Committee

Officers have recommended that Nyamba Buru Yawuru and Royal Flying Doctors Service be approached to nominate Agency Delegates, resulting in two additional members for this Committee. 

Other amendments are as detailed in the attachment.

 

PART 2 – COUNCIL WORKING GROUPS

 

Community Safety Working Group

This is a new Working Group as per Council Resolution 9.1.3 at the Ordinary Meeting of Council held 15 October 2015.

 

Community Sponsorship Assessment Working Group

The quorum has been amended from 2 to 3 members in line with Section 5.19 of the Local Government Act 1995 (at least 50% of membership. The Local Government Act 1995 has been used as a guide to establish a quorum for this Working Group.

Other amendments are as detailed in the attachment.

 

Events Review Working Group

Officers have recommended this Working Group be removed as a review of all events policies and processes is currently underway with internal staff and will be presented to the Economic Development Advisory Committee and Council.

 

Jetty to Jetty Project Working Group

Officers have recommended this Working Group be removed as the business case and implementation plan for the project have been completed and adopted by Council.  Implementation is now operational and dependent upon funding. Stage 1 has been implemented in partnership with Yawuru. Funds are allocated in this year’s budget to continue planning for implementation of Stage 2 being Town Beach revetment.

 

Litter Prevention Working Group

Officers have recommended this working group be removed as it has not met for 2 years.

 

Perth Royal Show Guest Town Working Group

Officers have recommended this Working Group be removed as this has been completed and funding acquittals undertaken.

 

Chinatown Stakeholder and Community Reference Group

This is a new Working Group established as per Council Resolution 9.3.1 at the Ordinary Meeting of Council held 27 August 2015. Officers are not proposing any changes to the Terms of Reference.

The nominations received from Yawuru, the Broome Chamber of Commerce and Industry and the public advertising process are outlined in the Confidential Attachment to this report for Council consideration and appointment. 

 

Youth Advisory Council

This is a new Working Group as per Council Resolution 9.1.1 of the Ordinary Meeting of Council held 15 October 2015. 

 

PART 3 – COUNCIL REPRESENTATION ON EXTERNAL COMMITTEES

 

Broome Visitor Centre Board

There are no proposed changes to the Terms of Reference.

 

Broome (WALGA) Roadwise Committee

The frequency of meetings has been amended from the first Tuesday of every month to quarterly.

Other minor amendments are as detailed in the attachment. 

 

Kimberley Regional Road Group

Minor amendments are as detailed in the attachment.

 

Kimberley Zone of WALGA and the Kimberley Regional Collaborative Group

The name of this Group has been amended from Kimberley Zone of WALGA and the Kimberley Regional Collaborative Group to Kimberley Zone of WALGA and the Kimberley Regional Group.  The Membership has been extended to include the Shire of Cocos (Keeling) Islands as new member of the Kimberley Zone.

It is noted that the Shire of Derby/West Kimberley are to take on the Secretariat role as at 1 January 2016 at which time the Terms of Reference will be updated accordingly.

 

Yawuru Park Council

Minor amendments are as detailed in the attachment.

 

OTHER APPOINTMENTS

 

A formal request was received from Mr Saeed Amin, Principal of Broome Senior High School, seeking Council representation on a proposed School’s Cluster Board to strengthen partnerships between the Shire and local school community.  At the Ordinary Meeting of Council held 18 December 2012 Council resolved the following:

 

COUNCIL RESOLUTION:

(REPORT RECOMMENDATION) 

 

That Council nominates Cr G T Campbell to be Council’s representative onto the Schools Clusters Board.

 

Moved: Cr E Yu                                                     Seconded: Cr D M Male

 

CARRIED UNANIMOUSLY 8/0

 

Following the outcome of the Local Government Elections held on 17 October 2015, the Schools Cluster Board is seeking a replacement Council Representative.

 

CONSULTATION

 

Kimberley Zone Project Manager

School’s Cluster Board

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

 

Subdivision 2 – Committees and their meetings

 

5.8.       Establishment of committees

 

A local government may establish* committees of 3 or more persons to assist the council and to exercise the powers and discharge the duties of the local government that can be delegated to committees.

 

* Absolute majority required.

 

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.

 

5.11A.    Deputy committee members

 

(1)     The local government may appoint* a person to be a deputy of a member of a committee and may terminate such an appointment* at any time.

 

*Absolute majority required.

 

(2)   A person who is appointed as a deputy of a member of a committee is to be –

 

       (a)  if the member of the committee is a council member – a council member; or

       (b)  if the member of the committee is an employee – an employee; or

(c)  if the member of the committee is not a council member or an employee – a person who is not a council member or an employee; or

(d)  if the member of the committee is a person appointed under section 5.10(5) – a person nominated by the CEO.

 

(3)   A deputy of a member of a committee may perform the functions of the member when the member is unable to do so by reason of illness, absence or other cause.

 

(4)   A deputy of a member of a committee, while acting as a member, has all the functions of and all the protection given to a member.

 

[Section 5.11A inserted by No. 17 of 2009 s.20.]

 

5.11.      Committee membership, tenure of

 

(1)   Where a person is appointed as a member of a committee under section 5.10(4) or (5), the person’s membership of the committee continues until –

 

(a)  the person no longer holds the office by virtue of which the person became a member, or is no longer the CEO, or the CEO’s representative, as the case      may be; or

(b)  the person resigns from membership of the committee;

       or

(c)  the committee is disbanded; or

(d)  the next ordinary elections day,

whichever happens first.

 

(2)   Where a person is appointed as a member of a committee other than under section 5.10(4) or (5), the person’s membership of the committee continues until –

 

       (a)  the term of the person’s appointment as a committee member expires; or

       (b)  the local government removes the person from the office or committee member                   or the office of committee member otherwise becomes vacant; or

       (c)  the committee is disbanded; or

       (d)  the next ordinary elections day.

 

whichever happens first.

 

POLICY IMPLICATIONS

 

Policy 1.5.1 – Yawuru Park Council Representation

Policy 5.1.6 – Public Art

 

FINANCIAL IMPLICATIONS

 

·    Audit Committee – Internal Administrative costs estimated at $27,200 per annum.

 

·    Access & Inclusion Advisory Committee – Internal Administrative costs estimated at $13,410 per annum.

 

·    Arts Culture & Heritage Advisory Committee – Internal Administrative costs estimated at $8,830 per annum.

 

·    Broome Cemetery Advisory Committee – Internal Administrative costs estimated at $10,555 per annum.

 

·    Bush Fire Advisory Committee – Internal Administrative costs estimated at $47,590 per annum and minor catering costs.

 

·    Economic Development Advisory Committee - Internal Administrative costs estimated at $5,275 per annum.

 

·    Local Emergency Management Committee – Internal Administrative costs estimated at $65,988 per annum and minor catering costs.

 

·    Community Safety Working Group - Internal Administrative costs estimated at $8,275 per annum.

 

·    Community Sponsorship Assessment Working Group – Internal Administrative costs estimated at $1,710 per annum and minor catering costs.

 

·    Chinatown Stakeholder and Community Reference Group – Internal Administrative costs estimated at $3,080 per annum.

 

·    Events Review Working Group – this Working Group is recommended to be removed.

 

·    Jetty to Jetty Project Working Group – this Working Group is recommended to be removed.

 

·    Litter Prevention Working Group – this Working Group is recommended to be removed.

 

·    Perth Royal Show Guest Town Working Group - this Working Group is recommended to be removed.

 

·    Youth Advisory Council - Internal Administrative costs estimated at $4,300 per annum.

 

·    Broome Visitors Centre Board – Nil financial implications.

 

·    Broome (WALGA) Roadwise Committee – staff costs for meeting attendance estimated at $2,720 per annum.

 

·    Kimberley Regional Road Group– staff costs for meeting attendance estimated at $4,535 per annum. Meetings rotate throughout the Kimberley region, travel and accommodation costs estimated at $1,500 per annum.

 

·    Kimberley Zone of WALGA and The Kimberley Regional Collaborative Group – Meetings rotate throughout the Kimberley region and to Perth on occasion. Staff costs for meeting attendance estimated at $15,120. $30,000 is budgeted per annum for travel and accommodation for 2x Staff and 2x Councillors.

 

·    Yawuru Park Council – Internal staff costs estimated at $202,000 per annum and minor catering costs on occasion.

 

RISK

 

Tenure of Committee Membership is in accordance with the Local Government Act 1995 Section 5.11 with previous appointments ceasing on 17 October 2015.  Council are therefore required by legislation to review membership of Council Committees and Working Groups.

 

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

 

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:

 

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

 

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

 

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

 

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

 

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

 

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

 

Council is able to mobilise resources to deliver municipal services to Indigenous communities that are compliant, effective and within Council’s 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

 

Affordable land for residential, industrial, commercial and community use

 

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

 

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

 

An organisational culture that strives for service excellence

 

Sustainable and integrated strategic and operational plans

 

Responsible resource allocation

 

Effective community engagement

 

Retention and attraction of staff

 

Improved systems, processes and compliance

 

VOTING REQUIREMENTS

Absolute Majority

 

REPORT RECOMMENDATION:

That Council establishes the Audit Committee in accordance with the attached Terms of Reference and with the appointment of the following membership:

·    Cr ________________, with Cr ________________ appointed as Deputy

·    Cr ________________, with Cr ________________ appointed as Deputy

·    Cr ________________, with Cr ________________ appointed as Deputy

 

(Absolute Majority Required)

 

REPORT RECOMMENDATION:

That Council establishes the Access and Inclusion Advisory Committee in accordance with the attached Terms of Reference and with the appointment of the following membership:

·    Cr ________________, with Cr ________________ appointed as Deputy

·    Cr ________________, with Cr ________________ appointed as Deputy

·    Disability Services Commission delegate  - Liz Hatton

·    Service Provider delegate - Elaine Clarke (KIFSA) 

·    Service Provider delegate - Steve Cook (Kimberley Personnel)

·    Health Services delegate – vacant

·    Education and Employment Organisations delegate - Kristie Courtenay (Kimberley Training Institute)

·    Education and Employment Organisations delegate - Vacant

·    Community Organisations delegate – Jennie Lowe (Broome Circle)

·    Community Organisations delegate – Vacant

·    Tourism Industry delegate - Andy Guidera (Bali Hai)

·    Community Representative delegate - Caterina Ponzio

·    Community Representative delegate - Justin Mortley (Education Department)

(Absolute Majority Required)

 

REPORT RECOMMENDATION:

That Council establishes the Arts Culture and Heritage Advisory Committee in accordance with the attached Terms of Reference and with the appointment of the following membership:

·    Cr ________________, with Cr ________________ appointed as Deputy

·    Cr ________________, with Cr ________________ appointed as Deputy

·    Cr ________________, with Cr ________________ appointed as Deputy

·    Heritage Organisation delegate – Sarah Keenan (Broome Historical Society)

·    Arts Organisation delegate – Sandy Darrington

·    Cultural Organisation delegate- Sarah Yu (Nyamba Buru Yawuru)

·    Community delegate – Eunice Yu

·    Community delegate- Vanessa Margetts

·    Community delegate – Gwen Knox

·    Community delegate – Rani Middleton

(Absolute Majority Required)

 

REPORT RECOMMENDATION:

That Council establishes the Broome Cemetery Advisory Committee in accordance with the attached Terms of Reference and with the appointment of the following membership:

·    Cr ________________, with Cr ________________ appointed as Deputy

·    Community delegate – Mr R Crook

·    Community delegate – Ms C Masuda

·    Community delegate – Vacant

·    Broome Chinese Community delegate – Ms E Yu

·    Broome Muslim Community delegate – Ms J Bin Omar

·    Broome Historical Society delegate – Ms J Young

·    Broome Catholic Church delegate – Ftr P Boyers

·    Nor West Monumental delegate – Ms A Booth

·    Funeral Director – Ms F Zavazal (Okuri Funeral Services)

(Absolute Majority Required)

 

REPORT RECOMMENDATION:

That Council:

1.         Establishes the Bush Fire Advisory Committee in accordance with the attached Terms of Reference and with the appointment of the following membership:

 

·        1 x Chief Bush Fire Control Officer - Steve Longo

·        1 x Department of Fire and Emergency Services (DFES) - Kim Maldon

·        1 x Department of Parks & Wildlife (DP&W) - Alan Byrne

·        1 x Main Roads WA (MRWA)- Lana Powell

·        1 x Western Australian Police (WAPOL) - S/SGT Brendon Barwick

·        1 x Broome Regional Volunteer Bushfire Brigade - Craig Burgess

·        1 x Broome Volunteer Fire & Rescue Service- Phil Leach

·        1 x Kimberley Land Council (KLC)- Sarah Pariman

·        1 x Nyamba Buru Yawuru - Alison Hiscocks

·        1 x Community Representative - Coconut Well – Mr Ed Carroll

 

2.         That Council requests the Chief Executive Officer to invite representation on the Bush Fire Advisory Committee from the following agencies and communities:

 

·        1 x Community Representative – Town of Broome

·        1 x Community Representative - Twelve Mile

·        1 x Community Representative – Bidyadanga

·        1 x Community Representatives – Dampier Peninsula

·        1 x Community Representatives – Ardyaloon

·        1 x Community Representatives – Beagle Bay

·        1 x Community Representatives -  Lombadina

·        1 x Community Representatives – Djarindjin

 (Absolute Majority Required)

 

REPORT RECOMMENDATION:

That Council establishes the Economic Development Advisory Committee in accordance with the attached Terms of Reference and with the appointment of the following membership:

 

·    Cr ________________, with Cr ________________ appointed as Deputy

·    Cr ________________, with Cr ________________ appointed as Deputy

·    Business Association delegate – Rhonda Chappell (Broome Chamber Commerce)

·    Business Association delegate – James Brown (Tourism Industry) Gail Gower (Tourism Industry - Deputy)

·    Industry Representative delegate – Darren Banfield  (Aquaculture Industry)

·    Industry Representative delegate – Greg Fiorenza (Building & Construction Industry)

·    Industry Representative delegate – Dean Newton (Land Development Industry)

·    Major Infrastructure delegate - Kevin Schellack (Broome Port Authority) 

·    Major Infrastructure delegate - Paul McSweeny (Broome International Airport)

·    Educational Institution delegate – Karen Dickinson (Kimberley Training Institute) Julie Kean (Kimberley Training Institute – Deputy)

·    Government Agencies delegate – Paul Ferrante (Landcorp)

·    Government Agencies delegate – Jeff Gooding (Kimberley Development Commission)

·    Government Agencies delegate – Chris Ham (Department of Agriculture)

·    Government Agencies delegate – Rob Cossart (Department of Water)

(Absolute Majority Required)

 

REPORT RECOMMENDATION:

That Council establishes the Local Emergency Management Committee in accordance with the attached Terms of Reference and with the appointment of the following membership:

 

·    Cr ________________ as Chairperson

·    S/SGT Brendon Barwick, OIC Broome Police as Deputy Chairperson

·    1 x Department of Fire and Emergency Services (DFES) - Kim Maldon

·    1 x Department of Fire and Emergency Services (SES) - Glen Hall

·    1 x Department of Fire and Emergency Services - (BVFRS) - Phil Leach

·    1 x Department of Fire and Emergency Services - (BRVBFB)- Craig Burgess

·                                          1 x Department of Aboriginal Affairs - Barry Louvel

·                                          1 x Air Services Australia - Matt Morisey

·                                          2 x Department of Child Protection and Family Services (DCPFS) - Julie Davis and Megan Spence

·    1 x Department of Defence – Norforce - Major Matt Rose

·    1 x Department of Housing - Shayne Hills

·    1 x Department of Parks & Wildlife (DP&W)- Alan Byrne

·    1 x Department of Transport - Peter Westgate

·                                          1x Broome Police - Sgt Paul World

·                                          1 x Bidyadanga Police - Sgt Andrew Henshaw

·                                          1 x Dampier Peninsula Police - Sgt Todd Carrington

·                                          1 x Broome Volunteer Sea Rescue Group (BVSRG) - Lyle Smedley

·                                          1 x Bureau of Meteorology - David Edwards

·                                          1 x Health Department - Michelle Boothey

·    1 x Horizon Power - Scott Beckworth

·                                          1 x Indigenous Coordination Centre (ICC)- Andrew Boyle

·    1 x Kimberley Land Council (KLC)- Damon Pyke

·    1 x Nyamba Buru Yawuru - Alison Hiscocks

·    1 x Main Roads WA - Garry Bradshaw

·                                          1 x Water Corporation - Bruce Zenich

·    1 x Australian Red Cross - Jock Rutherford

·    1 x Broome Regional Prison - Gary Fitzpatrick

·                                          1 x Broome Port Authority - Vikis Bangia

·    1 x Broome International Airport - Rod Evans

·    1 x St John Ambulance - Gary Davies

·    1 x Telstra - Mark Holmes

·    1 x Community Representative – Town of Broome – Mr Ivan Davie

 

2.         That Council requests the Chief Executive Officer to invite representation on the Bush Fire Advisory Committee from the following agencies and communities:

·      1 x Royal Flying Doctor Services

·      1 x Community Representative - Coconut Well

·      1 x Community Representative - Twelve Mile

·      1 x Community Representative - Ardyaloon Community

·      1 x Community Representative - Beagle Bay Community

·      1 x Community Representative - Bidyadanga Community

·      1 x Community Representative - Djarindjin Community

·      1 x Community Representative - Lombadina Community

(Absolute Majority Required)

 

REPORT RECOMMENDATION:

That Council:

1.         Establishes the Community Safety Working Group in accordance with the attached Terms of Reference,

2.         Nominates Cr ___________ and Cr ____________ to the Community Safety Working Group and Cr ___________ and Cr _____________ be nominated as Deputies. 

3.         Requests the Chief Executive Officer to invite representation on the Community Safety Working Group from the following agencies:

·    1 x Broome Police

·    1 x Chamber of Commerce

·    1 x Nyamba Buru Yawuru

·    1 x Liquor Accord

·    1 x Kullarri Patrol

·    1 x Broome Youth and Families Hub

·    1 x Taxi services

·    1 x Broome Visitor Centre

 (Absolute Majority Required)

 

REPORT RECOMMENDATION:

That Council establishes the Community Sponsorship Assessment Working Group  in accordance with the attached Terms of Reference and with the appointment of the following membership:

·    Cr ________________, with Cr ________________ appointed as Deputy

·    Cr ________________, with Cr ________________ appointed as Deputy

·    Cr ________________, with Cr ________________ appointed as Deputy

·    Cr ________________

·    Cr ________________

 

(Absolute Majority Required)

 

REPORT RECOMMENDATION:

That Council notes that the following Working Groups have been discontinued and removed from the Committee Booklet:

·    Events Review Working Group

·    Jetty to Jetty Project Working Group

·    Litter Prevention Working Group

·    Perth Royal Show Guest Town Working Group 

(Absolute Majority Required)

 

REPORT RECOMMENDATION:

That Council:

1.       Establishes the Chinatown Stakeholder and Community Reference Group in accordance with the attached Terms of Reference.

2.       Nominates Cr ___________ to the Chinatown Stakeholder and Community Reference Group and Cr       ___________be nominated as Deputy.

3.       Appoints members of the reference group as per the recommendations contained in the confidential attachment and updates the Terms of Reference accordingly.

(Absolute Majority Required)

 

REPORT RECOMMENDATION:

That Council:

1.       Establishes the Youth Advisory Council in accordance with the attached Terms of Reference,

2.       Nominates Cr ___________ to the Youth Advisory Council and Cr        ___________be nominated as Deputy. 

3.       Requests the Chief Executive Officer to seek expressions of interest to fill the following vacancies:

·   10 x Young people

·   2 x Youth workers

(Absolute Majority Required)

 

REPORT RECOMMENDATION:

That Cr ___________ be nominated to the Broome Visitor Centre Board and Cr ___________ be nominated as Deputy. 

(Absolute Majority Required)

 

REPORT RECOMMENDATION:

That Cr ___________ be nominated to the Broome (WALGA) Roadwise Committee and Cr ___________ be nominated as Proxy. 

(Absolute Majority Required)

 

REPORT RECOMMENDATION:

That Cr ___________ be nominated to the Kimberley Regional Road Group and Cr ___________ be nominated as Deputy. 

(Absolute Majority Required)

 

 

REPORT RECOMMENDATION:

That Cr ___________ be nominated to the Kimberley Zone of WALGA and the Kimberley Regional Group and Cr ___________ be nominated as Deputy. 

(Absolute Majority Required)

 

REPORT RECOMMENDATION:

That Cr __________, Cr ___________ and Cr _________ be nominated to the Yawuru Park Council and Cr ____________, Cr ___________ and Cr _________ be nominated as Proxies. 

                                                                                               (Absolute Majority Required)

 

REPORT RECOMMENDATION:

That Cr ___________ be nominated as Council representative on the Schools Cluster Board. 

(Absolute Majority Required)

 

Attachments

1.

Draft Committee Booklet 2015

2.

EOI's for Chinatown Stakeholder and Community Reference Group  (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)(b) as it contains “the personal affairs of any person”.

3.

Appointment of Members to the Chinatown Stakeholder and Community Reference Group (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)(b) as it contains “the personal affairs of any person”.

  


Item 9.4.5 - APPOINTMENTS TO COMMITTEES AND WORKING GROUPS

Draft Committee Booklet 2015

 

 

DRAFT COMMITTEES & WORKING GROUPS 2015

Terms of Reference

 
Report [Cover].jpg
Table of Contents

 

 

 


PART 1 – COUNCIL COMMITTEES. 3

Audit Committee.. 4

 

COUNCIL COMMITTEES–OTHER 21

Access & Inclusion Advisory Committee.. 22

Arts, Culture and Heritage Advisory Committee.. 33

Broome Cemetery Advisory Committee.. 40

Bush Fire Advisory Committee.. 60

Economic Development Advisory Committee.. 72

Local Emergency Management Committee.. 78

 

PART 2– COUNCIL WORKING GROUPS. 93

Community Safety Working Group.. 95

Community Sponsorship Assessment Working Group.. 101

Events Review Working Group.. 107

Jetty to Jetty Project Working Group.. 113

Litter Prevention Working Group.. 117

Perth Royal Show Guest Town Working Group.. 124

Chinatown Stakeholder and Community Reference Group.. 133

Youth Advisory Council 138

 

PART 3– COUNCIL REPRESENTATION ON EXTERNAL COMMITTEES. 145

Broome Visitor Centre Board.. 146

Broome (WALGA) RoadWise Committee.. 150

Kimberley Regional Road Group.. 153

Kimberley Zone  of WALGA and The Kimberley Regional Collaborative Group.. 156

Yawuru Park Council 161

 

APPENDIX 1 – Form – Declaration of Interest – Working Groups & Committees. 173

 


PART 1 – COUNCIL COMMITTEES

 

Council has resolved to formally establish a number of Committees of Council. 

 

Statute excerpts applicable to particular committees are contained within the detail attached for each committee.  It should be noted that Deputy Delegates are not to attend meetings unless requested to do so when the Delegate is unable to attend a meeting.  Deputies will receive Minutes of meetings.

 

Unless otherwise resolved by Council, the Local Government Act 1995 and Regulations applies to these Committees, in particular the following Sections:

 

Local Government Act 1995

5.10.     Appointment of committee members

(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.

 

5.21.     Voting

(1)     Each council member and each member of a committee who is present at a meeting of the council or committee is entitled to one vote.

(2)     Subject to section 5.67, each council member and each member of a committee to which a local government power or duty has been delegated who is present at a meeting of the council or committee is to vote.

(3)     If the votes of members present at a council or a committee meeting are equally divided, the person presiding is to cast a second vote.

(4)     If a member of a council or a committee specifically requests that there be recorded — 

(a) his or her vote; or

(b) the vote of all members present,

on a matter voted on at a meeting of the council or the committee, the person presiding is to cause the vote or votes, as the case may be, to be recorded in the minutes.

(5)  A person who fails to comply with subsection (2) or (3) commits an offence.

               [Section 5.21 amended by No. 49 of 2004 s. 43.]

 

 


 

 

Audit Committee

 

 

3 x Councillors

(including Deputies)

-

1) Cr __________

Cr ____________              (Deputy)

 

2) Cr __________

Cr ____________             (Deputy)

 

3) Cr __________

Cr _____________           (Deputy)

 

Cr ___________              (Chairperson);

Cr ___________              (Deputy Chair)

 

3 x Shire Staff

(All non voting)

 

-

Chief Executive Officer

Director Corporate Services

Manager Financial Services (Includes Secretariat role)

 

Community Delegates

-

Nil

 

Officer Responsible

-

Director Corporate Services

 

Meeting Schedule

-

At least four times per year

 

Meeting Location

-

Function or Committee Room, Shire of Broome

 

Quorum

-

Two (2) voting members

 

Delegated Authority

-

Nil

 


FUNCTIONS:

 

1.0       NAME

 

The name of the Committee is the Audit Committee.

 

2.0       DISTRICT/AREA OF CONTROL

 

Local Government boundaries of the Shire of Broome

 

3.0        VISION / PURPOSE

 

To report to Council and provide:

 

·      Appropriate advice and recommendations on matters relevant to its functions in relation to audits.

·      Facilitate informed decision-making by Council in relation to the legislative functions and duties of the local government that have not been delegated to the CEO.

·      Guidance and assistance on matters to be audited such as the scope of the audit, its functions under Part 6 of the Act that relate to financial management and the carrying out of its functions relating to other audits and other matters related to financial management.

·      To objectively assess internal controls of financial reporting by external auditors, compliance with laws and regulations as well as use of best practice guidelines relative to auditing.

·      Provide an effective means of communication between the external auditor, the CEO and the Council.

·      Review reports provided by the Chief Executive Officer in regards to the appropriateness and effectiveness of the Shire of Broome systems and procedures relative to financial management (four yearly), risk management, internal control and legislative compliance (every two years).  Report the results of the review to Council and provide a copy of the Chief Executive Officer report to Council.

·      Report to Council twice a year on matters regarding risk management and progress of actions from the Action Improvement Plan.

 

4.0        STATUTE

 

Department Of Local Government Operational Guideline No 9 (Reviewed March 2006 Revised September 2013)

(Amendments to regulation 16 and 17 of the Local Government (Audit) regulations 1996 have been inserted).

 

Audit Committees in Local Government - Their appointment, function and responsibilities.

 

The Act and Regulations provide that:

 

In relation to the establishment of an audit committee –

a)          Each local government is to establish an audit committee consisting of three or more persons to exercise the powers and discharge the duties conferred on it;

b)          Members of the committee are to be appointed by an absolute majority decision of Council. At least three of the members, and the majority of the members, are to be elected members;

c)          The CEO is not to be a member of the committee and may not nominate a person to be a member or have a person to represent him or her as a member of the committee;

d)          An employee is not to be a member of the committee;

e)          The only powers and duties that can be delegated to a committee are any of the powers and duties of the local government under Part 7 of the Act. The committee cannot on-delegate the powers and duties delegated to it;

f)           An audit committee with a member who is a person that is not an elected member can be delegated powers and duties referred to in (e); and

g)          A decision of the committee is to be made by simple majority.

 

The duties and responsibilities of the committee will be:

 

a)          Provide guidance and assistance to Council as to the carrying out the functions of the local government in relation to audits;

b)          Develop and recommend to Council an appropriate process for the selection and appointment of a person as the local government’s auditor;

c)          Develop and recommend to Council –

a list of those matters to be audited; and the scope of the audit to be undertaken;

d)          Recommend to Council the person or persons to be appointed as auditor;

e)          Develop and recommend to Council a written agreement for the appointment of the auditor. The agreement is to include –

·            the objectives of the audit;

·            the scope of the audit;

·            a plan of the audit;

·            details of the remuneration and expenses to be paid to the auditor; and

·            the method to be used by the local government to communicate with, and supply information to, the auditor;

f)           Meet with the auditor once in each year and provide a report to Council on the matters discussed and outcome of those discussions;

g)          Liaise with the CEO to ensure that the local government does everything in its power to –

·            assist the auditor to conduct the audit and carry out his or her other duties under the Local Government Act 1995; and

·            ensure that audits are conducted successfully and expeditiously;

h)          Examine the reports of the auditor after receiving a report from the CEO on the matters and –

·            determine if any matters raised require action to be taken by the local government; and

·            ensure that appropriate action is taken in respect of those matters;

i)           Review the report prepared by the CEO on any actions taken in respect of any matters raised in the report of the auditor and presenting the report to Council for adoption prior to the end of the next financial year or 6 months after the last report prepared by the auditor is received, whichever is the latest in time;

j)           Review the scope of the audit plan and program and its effectiveness;

k)          Review the appropriateness of special internal audit assignments undertaken by internal audit at the request of Council or CEO;

l)           Review the level of resources allocated to internal audit and the scope of its authority;

m)         Review reports of internal audits and by monitoring the implementation of recommendations made by the audit and reviewing the extent to which Council and management reacts to matters raised;

n)          Facilitate liaison between the internal and external auditor to promote compatibility, to the extent appropriate, between their audit programs;

o)          Review the local government’s draft annual financial report, focusing on –

·            accounting policies and practices;

·            changes to accounting policies and practices;

·            the process used in making significant accounting estimates;

·            significant adjustments to the financial report (if any) arising from the audit process;

·            compliance with accounting standards and other reporting requirements; and

·            significant variances from prior years;

p)          Consider and recommend adoption of the annual financial report to Council. Review any significant changes that may arise subsequent to any such recommendation but before the annual financial report is signed;

q)          Address issues brought to the attention of the committee, including responding to requests from Council for advice that are within the parameters of the committee's terms of reference;

r)           Seek information or obtain expert advice through the CEO on matters of concern within the scope of the committee’s terms of reference following authorisation from the Council; and

s)           Review the Statutory Compliance Return and make a recommendation on its adoption to Council.

t)           Consider the CEO’s biennial reviews of the appropriateness and effectiveness of the local government’s systems and procedures in regard to risk management, internal control and legislative compliance, required to be provided to the committee, and report to the council the results of those reviews.

 

Local Government (Audit) Regulations 1996

 

16.        Functions of audit committee

An audit committee —

(a)        is to provide guidance and assistance to the local government —

(i)          as to the carrying out of its functions in relation to audits carried out under Part 7 of the Act; and

(ii)         as to the development of a process to be used to select and appoint a person to be an auditor;

and

(b)        may provide guidance and assistance to the local government as to -

(i)          matters to be audited;

(ii)         the scope of audits;

(iii)         its functions under Part 6 of the Act; and

(iv)        the carrying out of its functions relating to other audits and other matters related to financial management.

(c)        is to review a report given to it by the CEO under regulation 17(3) (the CEO’s report) and is to —

(i)          report to the council the results of that review; and

(ii)         give a copy of the CEO’s report to the council.

 

17.        CEO to review certain systems and procedures

(1)         The CEO is to review the appropriateness and effectiveness of a local government’s systems and procedures in relation to —

(a)        risk management; and

(b)        internal control; and

(c)        legislative compliance.

(2)         The review may relate to any or all of the matters referred to in subregulation (1)(a), (b) and (c), but each of those matters is to be the subject of a review at least once every 2 calendar years.

(3)         The CEO is to report to the audit committee the results of that review.

 

Local Government Act 1995

 

Part 7 — Audit

What this Part is about

This Part deals with the audit of the financial accounts of local governments, including — 

(a)        the appointment of auditors; and

(b)        the conduct of audits.

Division 1 — Introduction

 

7.1 Terms used in this Part

In this Part — 

“approved auditor” means a person who is approved by the Minister under section 7.5;

“audit committee” means an audit committee established under section 7.1A;

“disqualified person” has the meaning given by section 7.4(2);

“qualified person” means a person who is an approved auditor or a registered company auditor and who is not a disqualified person;

“registered company auditor” means a person who is for the time being registered as an auditor or taken to be registered as an auditor under Part 9.2 of the Corporations Act 2001 of the Commonwealth;

“regulations” means regulations made for the purposes of this Part.

[Section 7.1 amended by No. 10 of 2001 s. 124; No. 49 of 2004 s. 4.]

 

Division 1A — Audit committee

[Heading inserted by No. 49 of 2004 s. 5.]

 

7.1A.       Audit committee

(1)         A local government is to establish an audit committee of 3 or more persons to exercise the powers and discharge the duties conferred on it.

(2)         The members of the audit committee of a local government are to be appointed* by the local government and at least 3 of the members, and the majority of the members, are to be council members.

* Absolute majority required.

 

(3)         A CEO is not to be a member of an audit committee and may not nominate a person to be a member of an audit committee or have a person to represent him or her as a member of an audit committee.

(4)         An employee is not to be a member of an audit committee.

[Section 7.1A inserted by No. 49 of 2004 s. 5.]

 

7.1B.       Delegation of some powers and duties to audit committees

(1)         Despite section 5.16, the only powers and duties that a local government may delegate* to its audit committee are any of its powers and duties under this Part other than this power of delegation.

* Absolute majority required.

 

(2)         A delegation to an audit committee is not subject to section 5.17.

             [Section 7.1B inserted by No. 49 of 2004 s. 5.]

 

7.1C.      Decisions of audit committees

Despite section 5.20, a decision of an audit committee is to be made by a simple majority.

[Section 7.1C inserted by No. 49 of 2004 s. 5.]

 

Division 2Appointment of auditors

 

7.2.       Audit 

The accounts and annual financial report of a local government for each financial year are required to be audited by an auditor appointed by the local government.

 

7.3.       Appointment of auditors

(1)         A local government is to, from time to time whenever such an appointment is necessary or expedient, appoint* a person, on the recommendation of the audit committee, to be its auditor.

      * Absolute majority required.

(2)         The local government may appoint one or more persons as its auditor.

(3)         The local government’s auditor is to be a person who is — 

(a)        a registered company auditor; or

(b)        an approved auditor.

[Section 7.3 amended by No. 49 of 2004 s. 6.]

 

7.4.       Disqualified person not to be auditor

(1)         A person may not be appointed as a local government’s auditor if that person is a disqualified person.

(2)         In this section — 

             disqualified person means a person who — 

(a)        is a councillor or an employee of the local government;

(b)        is a person who is in debt for more than the prescribed amount to the local government for a period of more than 35 days after — 

(i)      in the case of that part of the debt which is for a rate or service charge under Part 6, the date the rate notice was issued; or

(ii)     in the case of that part of the debt which is not for a rate or service charge, the date an account was rendered to the person by the local government;

(c)        is an employee of, or a member of the governing body of, an entity of a kind prescribed for the purposes of this paragraph; or

(d)        is a member of a class of persons prescribed for the purposes of this subsection.

 

7.5.       Approval of auditors

The Minister may approve a person who, immediately before the commencement of this Act — 

(a)        was a registered local government auditor within the meaning of that term in Part XXVII of the Local Government Act 1960 4 as in force before that commencement; and

(b)        was the auditor of a local government, as an approved auditor for the purposes of this Act.

 

7.6.       Term of office of auditor

(1)         The appointment of a local government’s auditor is to have effect in respect of the audit of the accounts and annual financial report of the local government for a term of not more than 5 financial years, but an auditor is eligible for re‑appointment.

(2)         The appointment of an auditor of a local government ceases to have effect if — 

(a)        his or her registration as a registered company auditor is cancelled;

(b)        his or her approval as an approved auditor is withdrawn;

(c)        he or she dies;

(d)        the auditor ceases to be qualified to hold office as auditor or becomes a disqualified person;

(e)        the auditor resigns by notice in writing addressed to the local government; or

(f)          the appointment is terminated by the local government by notice in writing.

(3)         Where — 

(a)        the registration of a local government’s auditor as a registered company auditor is suspended; or

(b)        a local government’s auditor becomes unable or unwilling to carry out all or part of his or her duties, the local government is to appoint* a person to conduct the audit or to complete that part of the audit which remains to be conducted, as the case requires.

* Absolute majority required.

 

7.7.       Departmental CEO may appoint auditor

If by 30 November in any year a local government has not appointed an auditor the Departmental CEO may appoint — 

(a)        a qualified person; or

(b)        in default of an appointment under paragraph (a), the Auditor General,

to be the auditor of the local government’s accounts and annual financial report for the relevant financial year.

[Section 7.7 amended by No. 28 of 2006 s. 364.]

 

7.8.       Terms of appointment of auditors

(1)         Subject to this Part and to any regulations, the appointment of a person as auditor of a local government is to be made by agreement in writing on such terms and conditions, including the remuneration and expenses of the person to be appointed, as are agreed between that person and the local government.

(2)         The remuneration and expenses payable to the auditor of a local government (whether appointed by the local government or by the Departmental CEO under section 7.7) are payable by the local government.

[Section 7.8 amended by No. 28 of 2006 s. 364.]

 

Division 3 — Conduct of audit

 

7.9.       Audit to be conducted

(1)         An auditor is required to examine the accounts and annual financial report submitted for audit and, by the 31 December next following the financial year to which the accounts and report relate or such later date as may be prescribed, to prepare a report thereon and forward a copy of that report to — 

(a)        the mayor or president;

(b)        the CEO of the local government; and

(c)        the Minister.

(2)         Without limiting the generality of subsection (1), where the auditor considers that — 

(a)        there is any error or deficiency in an account or financial report submitted for audit;

(b)        any money paid from, or due to, any fund or account of a local government has been or may have been misapplied to purposes not authorised by law; or

(c)        there is a matter arising from the examination of the accounts and annual financial report that needs to be addressed by the local government, details of that error, deficiency, misapplication or matter, are to be included in the report by the auditor.

(3)         The Minister may direct the auditor of a local government to examine a particular aspect of the accounts and the annual financial report submitted for audit by that local government and to — 

(a)        prepare a report thereon; and

(b)        forward a copy of that report to the Minister, and that direction has effect according to its terms.

(4)         If the Minister considers it appropriate to do so, the Minister is to forward a copy of the report referred to in subsection (3), or part of that report, to the CEO of the local government to be dealt with under section 7.12A.

[Section 7.9 amended by No. 49 of 2004 s. 7.]

 

7.10.     Powers of the auditor

(1)         An auditor —

(a)        has a right of access at all reasonable times to such books, accounts, documents and assets of the local government as are, in the opinion of the auditor, necessary to allow the audit to be conducted;

(b)        may require from a member or an employee of the local government — 

(i)      any book, account, document or asset of the local government; or

(ii)     any information, assistance or explanation, necessary for the performance of the duty of the auditor in relation to the audit; and

(c)        may, at the expense of the local government obtain and act upon a legal opinion on a question arising in the course of an audit.

(2)         In this section and in section 7.11 employee includes a person who has a contract for services with the local government.

 

7.11.     Power to demand production of books etc.

For the purpose of an audit, inspection or inquiry, an auditor has authority at all reasonable times and without notice to demand from the local government and its employees, the production of books, accounts, vouchers, papers, documents, records, assets and cash in hand, belonging to the local government or being in the custody or control of it or any of its employees.

 

7.12.     Employees and financial institutions to furnish particulars of money received

(1)         An employee of a local government is to furnish to an auditor, as and when required, a statement in writing of all money received in his or her official capacity by the employee whether on account of the local government or otherwise.

(2)         A bank or other financial institution at which a local government has an account is required to furnish to an auditor, as and when required, full particulars of the account.

 

Division 4 — General

 

7.12A.   Duties of local government with respect to audits

(1)         A local government is to do everything in its power to —

(a)        assist the auditor of the local government to conduct an audit and carry out his or her other duties under this Act in respect of the local government; and

(b)        ensure that audits are conducted successfully and expeditiously.

(2)         Without limiting the generality of subsection (1), a local government is to meet with the auditor of the local government at least once in every year.

(3)         A local government is to examine the report of the auditor prepared under section 7.9(1), and any report prepared under section 7.9(3) forwarded to it, and is to —

(a)        determine if any matters raised by the report, or reports, require action to be taken by the local government; and

(b)        ensure that appropriate action is taken in respect of those matters.

(4)         A local government is to —

(a)        prepare a report on any actions under subsection (3) in respect of an audit conducted in respect of a financial year; and

(b)        forward a copy of that report to the Minister, by the end of the next financial year, or 6 months after the last report prepared under section 7.9 is received by the local government, whichever is the latest in time.

[Section 7.12A inserted by No. 49 of 2004 s. 8.]

 

7.13.     Regulations as to audits

(1)         Regulations may make provision —

(aa)        as to the functions of the CEO and the audit committee in relation to audits carried out under this Part and reports made on those audits;

(ab)        as to the functions of audit committees, including the selection and recommendation of an auditor;

(ac)        as to the procedure to be followed in selecting an auditor;

(ad)        as to the contents of the annual report to be prepared by an audit committee;

(ae)        as to monitoring action taken in respect of any matters raised in a report by an auditor;

(a)        with respect to matters to be included in agreements between local governments and auditors;

(b)        for notifications and reports to be given in relation to agreements between local governments and auditors, including any variations to, or termination of such agreements;

(ba)        as to the copies of agreements between local governments and auditors being provided to the Department;

(c)        as to the manner in which an application may be made to the Minister for approval as an auditor;

(d)        in relation to approved auditors, for — 

(i)            reviews of, and reports on, the quality of audits conducted;

(ii)           the withdrawal by the Minister of approval as an auditor;

(iii)          applications to the State Administrative Tribunal for the review of decisions to withdraw approval;

(e)        for the exercise or performance by auditors of their powers and duties under this Part;

(f)          as to the matters to be addressed by auditors in their reports;

(g)        requiring auditors to provide the Minister with such information as to audits carried out by them under this Part as is prescribed;

(h)         prescribing the circumstances in which an auditor is to be considered to have a conflict of interest and requiring auditors to disclose in their reports such information as to a possible conflict of interest as is prescribed;

(i)            requiring local governments to carry out, in the prescribed manner and in a form approved by the Minister, an audit of compliance with such statutory requirements as are prescribed whether those requirements are — 

(i)            of a financial nature or not; or

(ii)           under this Act or another written law.

(2)         Regulations may also make any provision about audit committees that may be made under section 5.25 in relation to committees

 

5.0       ESTABLISHMENT

 

Committee established as per Council Resolution of 24 May 2005.

 

6.0        OBJECTIVES

 

The primary objective of the Audit Committee is to accept responsibility for the annual external audit and liaise with the Local Government’s auditor so that Council can be satisfied with the performance of the local government in managing its financial affairs.

 

Reports from the Committee will assist Council in discharging its legislative responsibilities of controlling the local government’s affairs, determining the local government’s policies and overseeing the allocation of the local government’s finances and resources. The Committee will ensure openness in the local government’s financial reporting and will liaise with the CEO to ensure the effective and efficient management of the local government’s financial accounting systems and compliance with legislation.

 

The Committee is to facilitate:

 

·            The enhancement of the credibility and objectivity of internal and external financial reporting;

·            Effective management of financial and other risks and the protection of Council assets;

·            Compliance with laws and regulations as well as use of best practice guidelines relative to auditing;

·            The coordination of the internal audit function with the external audit; and the provision of an effective means of communication between the external auditor, internal auditor, the CEO and the Council.

·            The review of the annual Compliance Audit Return (CAR) and report to the Council the results of that review, prior to adoption of the return by Council. After adoption, the return is to be signed by the Shire President and the CEO prior to it being forwarded to the Department.

·            To consider proposals from the CEO as to whether the compliance audit, and the biennial reviews of risk management, internal control and legislative compliance, are undertaken internally or an external party is contracted to undertake the task. In the case of an external party the Audit Committee would have responsibility to receive the review report from the CEO and make recommendations on it to full Council.

·            Monitoring and reporting on the appropriateness and effectiveness of Council’s programs for risk management, internal control and legislative compliance and receive a biannual report from the CEO on risk management matters and the progress of actions from the Improvement Plan.

·            Monitoring and reporting on the appropriateness and effectiveness of Council’s financial management systems and procedures not less than once in every four financial years and the CEO, through the Audit Committee is to report to Council the results of those reviews.

 

Part 7- Local Government (Audit) Regulations 1996**Duplicated from section 4.0 Statute **

 

a)          the local government is to do everything in its power to -

i.             assist the auditor to conduct an audit and carry out his or her other duties under the Act; and

ii.             ensure that audits are conducted successfully and expeditiously;

b)          a local government is to meet with its auditor at least once in every year;

c)          a local government is to examine the report of the auditor and is to –

i.             determine if any matters raised require action to be taken by the local government; and

ii.             ensure that appropriate action is taken in respect of those matters;

d)          a local government is to –

i              prepare a report on any actions taken in respect of any matters raised in the report of the auditor; and

ii.             forward a copy of that report to the Minister by the end of the next financial year, or 6 months after the last report prepared by the auditor is received by the local government, whichever is the latest in time.

 

 

7.0        MEMBERSHIP

 

7.1        General

Council will appoint three elected members as delegates and three elected members as deputies to those delegates on the Committee.

 

The CEO and employees are non-voting members of the committee. The CEO or his/her nominee is to be available to attend meetings to provide advice and guidance to the committee. The local government shall provide secretarial and administrative support to the committee.

 

7.2        Tenure of Membership

Local Government Act 1995 S5.11

 

Tenure of committee membership

(1)         Where a person is appointed as a member of the Audit Committee under section 5.10(4) or (5) of the Local Government Act the person’s membership of the Committee continues until — 

(a)        the person resigns from membership of the Committee;

(b)        the Committee is disbanded; or

(c)        the next ordinary elections day,

whichever happens first.

(2)         Where a person is appointed as a member of a Committee other than under section 5.10(4) or (5), the person’s membership of the Committee continues until — 

(a)        the term of the person’s appointment as a Committee member expires;

(b)        the local government removes the person from the office of Committee member or the office of Committee member otherwise becomes vacant;

(c)        the Committee is disbanded; or

(d)        the next ordinary elections day,

whichever happens first.

 

8.0        DELEGATED AUTHORITY

 

The Audit Committee is to report to Council and provide appropriate advice and recommendations on matters relevant to its term of reference. This is in order to facilitate informed decision-making by Council in relation to the legislative functions and duties of the local government that have not been delegated to the CEO.

 

The committee is a formally appointed committee of council and is responsible to that body. The Committee does not have executive powers or authority to implement actions in areas over which the CEO has legislative responsibility and does not have any delegated financial responsibility. The Committee does not have any management functions and cannot involve itself in management processes or procedures.

 

9.0        COMMITTEE STRUCTURE

 

9.1   Chairperson

As appointed by delegates   is the Chairperson.

 

9.2   Secretariat

The Manager Financial Services will fulfil this administrative non voting role.

 

9.3   Standing Ex-Officio Members

Nil

 

10.0      MEETINGS

 

10.1 Annual General Meeting

N/A

 

10.2 Committee Meetings

The Committee shall meet at least quarterly; within fourteen (14) days of receiving the Annual Financial Report and Audit Report from Council’s Auditor.

 

The Manager Financial Services generally calls meetings when required on behalf of the Director Corporate Services.

 

10.3 Quorum

Quorum is two (2) voting members in accordance with Section 5.19 of the Local Government Act 1995.

 

10.4 Voting

Elected member representatives only (Councillor Representatives) are required to vote in accordance with section 5.21 of the Local Government Act 1995.

S 5.21 - Voting

(1)         Each council member and each member of a committee who is present at a meeting of the council or committee is entitled to one vote.

(2)         Subject to section 5.67, each council member and each member of a committee to which a local government power or duty has been delegated who is present at a meeting of the council or committee is to vote.

(3)         If the votes of members present at a council or a committee meeting are equally divided, the person presiding is to cast a second vote.

(4)         If a member of a council or a committee specifically requests that there be recorded — 

(a)        his or her vote; or

(b)        the vote of all members present, on a matter voted on at a meeting of the council or the committee, the person presiding is to cause the vote or votes, as the case may be, to be recorded in the minutes.

(5)         A person who fails to comply with subsection (2) or (3) commits an offence.

[Section 5.21 amended by No. 49 of 2004 s. 43.]

 

10.5 Minutes & Reporting

In accordance with the Local Government Act 1995 Section 5.22 and 5.25, and Local Government (Administration) Regulations 1996.

 

The minutes are to be submitted to the next Committee meeting for confirmation and are to be signed by the Chairperson from the meeting at which the minutes are confirmed.

 

Unconfirmed minutes are to be available for inspection by members of the public within 5 business days after the meeting and Reports and Recommendations arising from the minutes shall be presented to Council at the next Ordinary Meeting for endorsement and/or action, or if this is not possible, then the earliest available Council Meeting.

 

10.6 Who Acts if No Presiding Member

The Committee shall elect a Deputy Chairperson In accordance with the Local Government Act Section 5.14.

 

10.7 Public Attendance at Meetings

Closed to the public pursuant to Section 5.23(2) of the Local Government Act and is not required to have questions from the public as there are no Council delegations.

 

10.8 Members Interests to be Disclosed

 

Local Government Act 1995

 

5.65.     Members’ interests in matters to be discussed at meetings to be disclosed

(1)         A member who has an interest in any matter to be discussed at a council or committee meeting that will be attended by the member must disclose the nature of the interest — 

(a)        in a written notice given to the CEO before the meeting; or

(b)        at the meeting immediately before the matter is discussed.

Penalty: $10 000 or imprisonment for 2 years.

(2)         It is a defence to a prosecution under this section if the member proves that he or she did not know — 

(a)        that he or she had an interest in the matter; or

(b)        that the matter in which he or she had an interest would be discussed at the meeting.

(3)         This section does not apply to a person who is a member of a committee referred to in section 5.9(2)(f).

 

5.66.     Meeting to be informed of disclosures

If a member has disclosed an interest in a written notice given to the CEO before a meeting then — 

(a)        before the meeting the CEO is to cause the notice to be given to the person who is to preside at the meeting; and

(b)        at the meeting the person presiding is to bring the notice and its contents to the attention of the persons present immediately before the matters to which the disclosure relates are discussed.

[Section 5.66 amended by No. 1 of 1998 s. 16; No. 64 of 1998 s. 33.]

 

5.67.     Disclosing members not to participate in meetings

A member who makes a disclosure under section 5.65 must not — 

(a)        preside at the part of the meeting relating to the matter; or

(b)        participate in, or be present during, any discussion or decision making procedure relating to the matter, unless, and to the extent that, the disclosing member is allowed to do so under section 5.68 or 5.69.

Penalty: $10 000 or imprisonment for 2 years.

 

5.68.     Councils and committees may allow members disclosing interests to participate etc. in meetings

(1)         If a member has disclosed, under section 5.65, an interest in a matter, the members present at the meeting who are entitled to vote on the matter — 

(a)        may allow the disclosing member to be present during any discussion or decision making procedure relating to the matter; and

(b)        may allow, to the extent decided by those members, the disclosing member to preside at the meeting (if otherwise qualified to preside) or to participate in discussions and the decision making procedures relating to the matter if — 

(i)     the disclosing member also discloses the extent of the interest; and

(ii)    those members decide that the interest — 

(I)     is so trivial or insignificant as to be unlikely to influence the disclosing member’s conduct in relation to the matter; or

(II)    is common to a significant number of electors or ratepayers.

(2)         A decision under this section is to be recorded in the minutes of the meeting relating to the matter together with the extent of any participation allowed by the council or committee.

(3)         This section does not prevent the disclosing member from discussing, or participating in the decision making process on, the question of whether an application should be made to the Minister under section 5.69.

 

5.69.     Minister may allow members disclosing interests to participate etc. in meetings

(1)         If a member has disclosed, under section 5.65, an interest in a matter, the council or the CEO may apply to the Minister to allow the disclosing member to participate in the part of the meeting, and any subsequent meeting, relating to the matter.

(2)         An application made under subsection (1) is to include — 

(a)        details of the nature of the interest disclosed and the extent of the interest; and

(b)        any other information required by the Minister for the purposes of the application.

(3)         On an application under this section the Minister may allow, on any condition determined by the Minister, the disclosing member to preside at the meeting, and at any subsequent meeting, (if otherwise qualified to preside) or to participate in discussions or the decision making procedures relating to the matter if — 

(a)        there would not otherwise be a sufficient number of members to deal with the matter; or

(b)        the Minister is of the opinion that it is in the interests of the electors or ratepayers to do so.

(4)         A person must not contravene a condition imposed by the Minister under this section.

Penalty: $10 000 or imprisonment for 2 years.

[Section 5.69 amended by No. 49 of 2004 s. 53.]

 

5.69A.   Minister may exempt committee members from disclosure requirements

(1)         A council or a CEO may apply to the Minister to exempt the members of a committee from some or all of the provisions of this Subdivision relating to the disclosure of interests by committee members.

(2)         An application under subsection (1) is to include —

(a)        the name of the committee, details of the function of the committee and the reasons why the exemption is sought; and

(b)        any other information required by the Minister for the purposes of the application.

(3)         On an application under this section the Minister may grant the exemption, on any conditions determined by the Minister, if the Minister is of the opinion that it is in the interests of the electors or ratepayers to do so.

(4)         A person must not contravene a condition imposed by the Minister under this section.

Penalty: $10 000 or imprisonment for 2 years.

[Section 5.69A inserted by No. 64 of 1998 s. 34(1).]

 

5.70.     Employees to disclose interests relating to advice or reports

(1)         In this section — 

             employee includes a person who, under a contract for services with the local government, provides advice or a report on a matter.

(2)         An employee who has an interest in any matter in respect of which the employee is providing advice or a report directly to the council or a committee must disclose the nature of the interest when giving the advice or report.

(3)         An employee who discloses an interest under this section must, if required to do so by the council or committee, as the case may be, disclose the extent of the interest.

Penalty: $10 000 or imprisonment for 2 years.

 

5.71.     Employees to disclose interests relating to delegated functions If, under Division 4, an employee has been delegated a power or duty relating to a matter and the employee has an interest in the matter, the employee must not exercise the power or discharge the duty and — 

(a)        in the case of the CEO, must disclose to the mayor or president the nature of the interest as soon as practicable after becoming aware that he or she has the interest in the matter; and

(b)        in the case of any other employee, must disclose to the CEO the nature of the interest as soon as practicable after becoming aware that he or she has the interest in the matter.

Penalty: $10 000 or imprisonment for 2 years.

 

 

 


Item 9.4.5 - APPOINTMENTS TO COMMITTEES AND WORKING GROUPS

Draft Committee Booklet 2015

 

 

COUNCIL COMMITTEES – OTHER

 

Council has resolved to formally establish a number of Committees to operate under separate legislation.

 

Statute excerpts have been highlighted and included from various relevant pieces of legislation applicable to these committees and unless otherwise stated, the Shire of Broome Standing Orders Local Law 2003 (Amended 30 July 2004 and 31 July 2012) also applies.  The following sections are to be noted:

 

Local Government Act 1995

Part 13 - Making Decisions

 

13.1        Question - When Put

When the debate upon any question is concluded and the right of reply has been exercised the person presiding shall immediately put the question to the Council or the committee, and, if so desired by any member of the Council or committee, shall again state it.

 

13.2        Question - Method of Putting

If a decision of the Council or a committee is unclear or in doubt, the person presiding shall put the motion or amendment as often as necessary to determine the decision from a show of hands or other method agreed upon so that no voter’s vote is secret, before declaring the decision.

 

Part 17 – Committees of the Council

17.1        Establishment and Appointment of Committees

A committee is not to be established except on a motion setting out the proposed functions of the committee and either -

(a)        the names of the Council members, employees and other persons to be appointed to the committee; or

(b)        the number of Council members, employees and other persons to be appointed to the committee and a provision that they be appointed by a separate motion.

 

17.2        Appointment of Deputy Committee Members

(1)         The Council may appoint one or more persons to be the deputy or deputies, as the case may be, to act on behalf of a member of a committee whenever that member is unable to be present at a meeting thereof and where two or more deputies are so appointed they are to have seniority in the order determined by the Council.

(2)         Where a member of a committee does not attend a meeting thereof a deputy of that member, selected according to seniority, is entitled to attend that meeting in place of the member and act for the member, and while so acting has all the powers of that member.

 


 

 


Access & Inclusion Advisory Committee

 

Previously called the Disability Services Committee, the Access & Inclusion Advisory Committee operates under the Western Disability Services Act 1993 (amended 2004).

 

2 x Councillors

(including Deputy)

-

1) ____________;

_______________                  (Deputy)

2) ____________;

_______________                  (Deputy)

 

11 x Community Delegates

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Chairperson/Deputy

-

 

 

 

 

 

 

-

 

1 x  Disability Services Commission

Liz Hatton – Disability Services Commission

 

2 x Service Providers

Elaine Clarke – KIFSA

Steve Cook – Kimberley Personnel

 

1 x Health Services

Vacant

 

2 x Education and Employment Organisations

Kristie Courtenay – Kimberley Training Institute

Vacant

 

2 x Community Organisations

Jennie Lowe – Broome CIRCLE

Vacant

 

1 x Tourism Industry

Andy Guidera – Bali Hai

 

2 x Community Representatives

Caterina Ponzio

Justin Mortley – Education Department

 

                       (Chairperson);

                         (Deputy Chair)

 

Officers Responsible

-

Deputy Chief Executive Officer/Director Community and Economic Development

 

Standing Ex-Officio Members

-

Deputy CEO / Director Community and Economic Development

Manager Community Development

Director Infrastructure Services

Youth & Community Development Officer

Meeting Schedule

-

Quarterly or and  as required

 

Meeting Location

-

Function or Committee Room, Shire of Broome

 

Quorum

-

Four (4) Seven (7) voting members as per Section 5.159 of the Local Government Act 1995

 

Delegated Authority

-

Nil

Meetings are open to the public.

 

FUNCTIONS:

 

1.0       NAME

 

The name of the Committee is the Access and Inclusion Advisory Committee (previously Disability Services Committee).

 

2.0       DISTRICT/AREA OF CONTROL

 

Local Government boundaries of the Shire of Broome.

 

3.0       VISION / PURPOSE

 

To provide valuable expertise and advice that will contribute towards improvements in disability access and inclusion throughout the Shire of Broome.

 

Disability Services Regulations 2004

Schedule 3 – Desired outcomes of disability access and inclusion plans

1.         People with disabilities have the same opportunities as other people to access the services of, and any events organised by, a public authority.

2.         People with disabilities have the same opportunities as other people to access the buildings and other facilities of a public authority.

3.         People with disabilities receive information from a public authority in a format that will enable them to access the information as readily as other people are able to access it.

4.         People with disabilities receive the same level and quality of service from the staff of a public authority as other people receive from the staff of that public authority.

5.         People with disabilities have the same opportunities as other people to make complaints to a public authority.

6.         People with disabilities have the same opportunities as other people to participate in any public consultation by a public authority.

7.         People with disability have the same opportunities as other people to obtain and maintain employment with a public authority

 

4.0       STATUTE

 

The Committee operates according to the Western Australia Disability Services Act 1993 (amended 2004). Public authorities are required to prepare and implement Disability Access and Inclusions Plans (DAIP’s).

 

Local Government Act 1995

 

Subdivision 2 — Committees and their meetings

 

5.8.       Establishment of committees

A local government may establish* committees of 3 or more persons to assist the council and to exercise the powers and discharge the duties of the local government that can be delegated to committees.

            * Absolute majority required.

 

Disability Services Act 1993

 

Part 5 — Disability access and inclusion plans by public authorities

[Heading amended by No. 57 of 2004 s. 19.]

 

27.     Application of Part

(1)         This Part applies to public authorities.

(2)         Notwithstanding subsection (1), regulations may declare that this Part does not apply to a specified public authority.

 

28.     Disability access and inclusion plans

(1)         Each public authority must have a disability access and inclusion plan to ensure that in so far as its functions involve dealings with the general public, the performance of those functions furthers the principles in Schedule 1 and meets the objectives in Schedule 2.

(2)         A disability access and inclusion plan must meet any prescribed standards.

(3)         A public authority must lodge its disability access and inclusion plan with the Commission —

(a)        if the authority was established before the commencement of the Disability Services Amendment Act 2004, without delay;

(b)        if the authority is established after the commencement of the Disability Services Amendment Act 2004, within 12 months after the day on which it is established.

(4)         A public authority may amend its disability access and inclusion plan at any time.

(5)         A public authority may review its disability access and inclusion plan at any time.

(6)         After reviewing its disability access and inclusion plan, a public authority must lodge a report of the review with the Commission in accordance with subsection (7).

(7)         Not more than 5 years is to elapse —

(a)        between the day on which a public authority first lodges its disability access and inclusion plan with the Commission and the day it lodges a report of a review of the plan with the Commission; or

(b)        between the lodgement of the report of one review of a plan and the lodgement of the report of another review of the plan.

(8)         After reviewing its disability access and inclusion plan, a public authority may amend the plan or prepare a new plan.

(9)         If at any time a public authority amends its disability access and inclusion plan or prepares a new plan, whether after a review or not, it must lodge the amended or new plan with the Commission as soon as practicable after doing so.

(10)       A public authority must undertake public consultation in accordance with the procedure specified in the regulations when preparing, reviewing or amending a disability access and inclusion plan.

[Section 28 inserted by No. 57 of 2004 s. 20(1).]

 

29.     Report about disability access and inclusion plan

(1)         A public authority that has a disability access and inclusion plan must, if required to report under Part 5 of the Financial Management Act 2006, include in such report, a report about the implementation of the plan.

(2)         A local government or regional local government that has a disability access and inclusion plan must include in its annual report prepared under section 5.53 of the Local Government Act 1995 a report about the implementation of the plan.

(3)         A public authority that —

(a)        has prepared or amended a disability access and inclusion plan in a year ending 30 June; and

(b)        is not required to report under subsection (1) or (2),

must make a report about the implementation of the plan to the Commission within 2 months after the end of that year.

(4)         The regulations may prescribe information that must be included in a report under subsection (1), (2) or (3) about the implementation of a disability access and inclusion plan.

[Section 29 inserted by No. 44 of 1999 s. 14; amended by No. 57 of 2004 s. 21; No. 5 of 2005 s. 38; No. 77 of 2006 s. 17.]

 

29A.  Disability access and inclusion plans to be made available

A public authority that has a disability access and inclusion plan must ensure that the plan is made available to people with disabilities, and the public generally, by publication in the prescribed manner.

[Section 29A inserted by No. 57 of 2004 s. 22.]

 

29B.  Public authorities to ensure implementation of a disability access and inclusion plan

A public authority that has a disability access and inclusion plan must take all practicable measures to ensure that the plan is implemented by the public authority and its officers, employees, agents or contractors.

[Section 29B inserted by No. 57 of 2004 s. 22.]

 

Disability Services Regulations 2004

 

7.       Standards for disability access and inclusion plans (s. 28)

For the purposes of section 28(5) of the Act, the standards that a disability access and inclusion plan must meet are those specified in Schedule 2.

 

8.       Information in reports about disability access and inclusion plans (s. 29)

For the purposes of section 29(4) of the Act, a report about a disability access and inclusion plan must include information relating to —

(a)        progress made by the relevant public authority and any agents and contractors of the relevant public authority in achieving the desired outcomes specified in Schedule 3; and

(b)        the strategies implemented by the relevant public authority to inform its agents and contractors of its disability access and inclusion plan.

 

9.          Publication of disability access and inclusion plans (s. 29A)

For the purposes of section 29A, a public authority must publish its disability access and inclusion plan in a document that is made available —

(a)        on request, at the offices of the authority —

(i)      in an electronic format;

(ii)     in hard copy format in both standard and large print; and

(iii)     in an audio format on cassette or compact disc;

(b)        on request, by email; and

(c)        on any website maintained by or on behalf of the authority, and notice of which is given in a newspaper circulating throughout the State or, in the case of a local government, the district of that local government under the Local Government Act 1995.

 

Disability Services Regulations 2004

 

Schedule 2 – Standards for disability access and inclusion plans

1.          A disability access and inclusion plan must provide a means of ensuring that people with disabilities have the same opportunities as other people to access the services of, and any events organised by, the relevant public authority.

2.          A disability access and inclusion plan must provide a means of ensuring that people with disabilities have the same opportunities as other people to access the buildings and other facilities of the relevant public authority.

3.          A disability access and inclusion plan must provide a means of ensuring that people with disabilities receive information from the relevant public authority in a format that will enable them to access the information as readily as other people are able to access it.

4.          A disability access and inclusion plan must provide a means of ensuring that people with disabilities receive the same level and quality of service from the staff of the relevant public authority as other people receive from that authority.

5.          A disability access and inclusion plan must provide a means of ensuring that people with disabilities have the same opportunities as other people to make complaints to the relevant public authority.

6.          A disability access and inclusion plan must provide a means of ensuring that people with disabilities have the same opportunities as other people to participate in any public consultation by the relevant public authority.

 

Shire of Broome Standing Orders Local Law 2003

The Shire of Broome Standing Orders Local Law 2003 (Amended 30 July 2004 and 31 July 2012) apply.

 

5.0       ESTABLISHMENT

 

The Disability Services Planning Committee, now known as the Access and Inclusion Advisory Committee was established in 1995 as per Council Resolution.

 

6.0       OBJECTIVES

 

The purpose of the Committee is to provide advice to Council on the development, implementation, review and evaluation of the Disability Access and Inclusion Plan (DAIP) to ensure Council meets its obligations under the Disability Services Act 1993 (amended 2004).

 

The Committee is to:

 

·       Contribute to the collation and development of information to inform the council on disability access and inclusion issues in the Shire of Broome.

·       To assist the engagement of a broad cross-section of the Shire of Broome Community, both residents and visitors, through consultative processes.

·       Contribute to the development, implementation and review of the DAIP and projects that contribute to achieving the objectives of the DAIP.

·       Make recommendations to the Council in relation to disability access and inclusion strategies to overcome barriers in the Shire of Broome.

 

7.0       MEMBERSHIP

 

7.1    General

Council will appoint 2 Council Delegates and 2 Deputies that are members of Council.

 

7.2    Tenure of Membership

 

Local Government Act 1995

 

5.11.     Tenure of committee membership

(1)         Where a person is appointed as a member of a committee under section 5.10(4) or (5), the person’s membership of the committee continues until —

(a)        the person no longer holds the office by virtue of which the person became a member, or is no longer the CEO, or the CEO’s representative, as the case may be;

(b)        the person resigns from membership of the committee;

(c)        the committee is disbanded; or

(d)        the next ordinary elections day,

whichever happens first.

(2)         Where a person is appointed as a member of a committee other than under section 5.10(4) or (5), the person’s membership of the committee continues until —

(a)        the term of the person’s appointment as a committee member expires;

(b)        the local government removes the person from the office of committee member or the office of committee member otherwise becomes vacant;

(c)        the committee is disbanded; or

(d)        the next ordinary elections day,

whichever happens first.

 

8.0       DELEGATED AUTHORITY

 

The Committee does not have delegated authority.

The Committee does not have executive powers or authority to implement actions in areas over which the CEO has legislative responsibility and does not have any delegated financial responsibility.  Unless provision has been made in the Budget for expenditure, Committees require an officer report to be presented to Council for endorsement of any proposed expenditure.

 

 

9.0       COMMITTEE

 

9.1       Chairperson

Members to elect a Chairperson and Deputy Chairperson from the membership.

 

The Chairperson is                      and Deputy Chairperson is _____________

 

9.2       Secretariat

A Shire Officer will fulfil this administrative non voting role.

 

9.3       Standing Ex-Officio Members

As required.

Deputy CEO / Director Community and Economic Development, Manager Community Development, Director Infrastructure Services, Youth & Community Development Officer or their delegate(s) will be standing ex-officio members.  Other officers or community members may be invited to attend meetings as required and to be determined by the Chief Executive Officer.

 

10.0     MEETINGS

 

10.1      Annual General Meeting

No AGM.

 

10.2      Committee Meetings

Quarterly or as required.

The Chief Executive Officer will call meetings every three months and as required.

Committee meetings will be advertised as per statutory requirements.

 

 

10.3      Quorum

Four (4) Seven (7) voting members as per Section 5.159 of the Local Government Act 1995.

 

5.15.    Reduction of quorum for committees

The local government may reduce* the number of offices of committee member required for a quorum at a committee meeting specified by the local government if there would not otherwise be a quorum for the meeting.

* Absolute majority required.

5.19. Quorum for meetings

The quorum for a meeting of a council or committee is at least

50% of the number of offices (whether vacant or not) of member of the council or the committee.

 

10.4        Voting

 

Local Government Act 1995

 

S 5.21 - Voting

(1)         Each council member and each member of a committee who is present at a meeting of the council or committee is entitled to one vote.

(2)         Subject to section 5.67, each council member and each member of a committee to which a local government power or duty has been delegated who is present at a meeting of the council or committee is to vote.

(3)         If the votes of members present at a council or a committee meeting are equally divided, the person presiding is to cast a second vote.

(4)         If a member of a council or a committee specifically requests that there be recorded — 

(a)    his or her vote; or

(b)    the vote of all members present, on a matter voted on at a meeting of the council or the committee, the person presiding is to cause the vote or votes, as the case may be, to be recorded in the minutes.

(5)         A person who fails to comply with subsection (2) or (3) commits an offence.

             [Section 5.21 amended by No. 49 of 2004 s. 43.]

 

10.5    Minutes

The person presiding at a meeting is to ensure that the Minutes are kept of the meetings proceedings.

 

The minutes may be confirmed by a majority of members present at the meeting, by committee resolution at the following meeting.  Once Minutes have been confirmed by members they are to be submitted to the Council Secretary to be posted on the Shire’s website. 

 

Recommendations arising from the Minutes shall be presented to Council at the next available Ordinary Meeting for endorsement and/or action or earliest available Council meeting if it is not possible to present the Minutes to the next Ordinary Council Meeting.

 

10.6        Who Acts if No Presiding Member

Local Government Act 1995

 

5.14     Who acts if no presiding member

If, in relation to the presiding member of a committee — 

(a)        the office of presiding member and the office of deputy presiding member are vacant; or

(b)        the presiding member and the deputy presiding member, if any, are not available or are unable or unwilling to perform the functions of presiding member, then the committee members present at the meeting are to choose one of themselves to preside at the meeting.

 

10.7        Members Interests to be Disclosed

Members of the Access & Inclusion Advisory Committee are required to declare their financial interests and complete a Declaration form where relevant, using the principles detailed in the Local Government Act Section 5.65-5.70 with respect to disclosure of financial, impartiality or proximity interests (‘CEO’ in the LGA text means the ‘Chairperson’ in the committee sense).

 

5.65.    Members’ interests in matters to be discussed at meetings to be disclosed

(1)        A member who has an interest in any matter to be discussed at a council or committee meeting that will be attended by the member must disclose the nature of the interest — 

(a)       in a written notice given to the CEO before the meeting; or

(b)       at the meeting immediately before the matter is discussed.

Penalty: $10 000 or imprisonment for 2 years.

(2)        It is a defence to a prosecution under this section if the member proves that he or she did not know — 

(a)       that he or she had an interest in the matter; or

(b)       that the matter in which he or she had an interest would be discussed at the meeting.

(3)        This section does not apply to a person who is a member of a committee referred to in section 5.9(2)(f).

5.9.   Types of committees

(1)     In this section — other person” means a person who is not a council member or an employee.

(2)     A committee is to comprise — 

         (f)      other persons only.

 

5.66.    Meeting to be informed of disclosures

If a member has disclosed an interest in a written notice given to the CEO before a meeting then —

(a)       before the meeting the CEO is to cause the notice to be given to the person who is to preside at the meeting; and

(b)       at the meeting the person presiding is to bring the notice and its contents to the attention of the persons present immediately before the matters to which the disclosure relates are discussed.

               [Section 5.66 amended by No.1 of 1998 s.16; No. 64 of 1998 s.33.]

 

5.67.    Disclosing members not to participate in meetings

A member who makes a disclosure under section 5.65 must not — 

(a)       preside at the part of the meeting relating to the matter; or

(b)       participate in, or be present during, any discussion or decision making procedure relating to the matter, unless, and to the extent that, the disclosing member is allowed to do so under section 5.68 or 5.69.

Penalty: $10 000 or imprisonment for 2 years.

 

5.68.    Councils and committees may allow members disclosing interests to participate etc. in meetings

(1)        If a member has disclosed, under section 5.65, an interest in a matter, the members present at the meeting who are entitled to vote on the matter — 

(a)       may allow the disclosing member to be present during any discussion or decision making procedure relating to the matter; and

(b)       may allow, to the extent decided by those members, the disclosing member to preside at the meeting (if otherwise qualified to preside) or to participate in discussions and the decision making procedures relating to the matter if — 

(i)      the disclosing member also discloses the extent of the interest; and

(ii)     those members decide that the interest — 

(I)      is so trivial or insignificant as to be unlikely to influence the disclosing member’s conduct in relation to the matter; or

(II)     is common to a significant number of electors or ratepayers.

(2)        A decision under this section is to be recorded in the minutes of the meeting relating to the matter together with the extent of any participation allowed by the council or committee.

(3)        This section does not prevent the disclosing member from discussing, or participating in the decision making process on, the question of whether an application should be made to the Minister under section 5.69.

 

5.69.    Minister may allow members disclosing interests to participate etc. in meetings

(1)        If a member has disclosed, under section 5.65, an interest in a matter, the council or the CEO may apply to the Minister to allow the disclosing member to participate in the part of the meeting, and any subsequent meeting, relating to the matter.

(2)        An application made under subsection (1) is to include — 

(a)       details of the nature of the interest disclosed and the extent of the interest; and

(b)       any other information required by the Minister for the purposes of the application.

(3)        On an application under this section the Minister may allow, on any condition determined by the Minister, the disclosing member to preside at the meeting, and at any subsequent meeting, (if otherwise qualified to preside) or to participate in discussions or the decision making procedures relating to the matter if — 

(a)       there would not otherwise be a sufficient number of members to deal with the matter; or

(b)       the Minister is of the opinion that it is in the interests of the electors or ratepayers to do so.

(4)        A person must not contravene a condition imposed by the Minister under this section.

Penalty: $10 000 or imprisonment for 2 years.

[Section 5.69 amended by No. 49 of 2004 s. 53.]

 

5.69A. Minister may exempt committee members from disclosure requirements

(1)        A council or a CEO may apply to the Minister to exempt the members of a committee from some or all of the provisions of this Subdivision relating to the disclosure of interests by committee members.

(2)        An application under subsection (1) is to include —

(a)       the name of the committee, details of the function of the committee and the reasons why the exemption is sought; and

(b)       any other information required by the Minister for the purposes of the application.

(3)        On an application under this section the Minister may grant the exemption, on any conditions determined by the Minister, if the Minister is of the opinion that it is in the interests of the electors or ratepayers to do so.

(4)        A person must not contravene a condition imposed by the Minister under this section.

Penalty: $10 000 or imprisonment for 2 years.

[Section 5.69A inserted by No. 64 of 1998 s. 34(1).]

 

5.70.    Employees to disclose interests relating to advice or reports

(1)        In this section — 

employee includes a person who, under a contract for services with the local government, provides advice or a report on a matter.

(2)        An employee who has an interest in any matter in respect of which the employee is providing advice or a report directly to the council or a committee must disclose the nature of the interest when giving the advice or report.

(3)        An employee who discloses an interest under this section must, if required to do so by the council or committee, as the case may be, disclose the extent of the interest.

Penalty: $10 000 or imprisonment for 2 years.

 

5.71.    Employees to disclose interests relating to delegated functions

If, under Division 4, an employee has been delegated a power or duty relating to a matter and the employee has an interest in the matter, the employee must not exercise the power or discharge the duty and — 

(a)       in the case of the CEO, must disclose to the mayor or president the nature of the interest as soon as practicable after becoming aware that he or she has the interest in the matter; and

(b)       in the case of any other employee, must disclose to the CEO the nature of the interest as soon as practicable after becoming aware that he or she has the interest in the matter.

Penalty: $10 000 or imprisonment for 2 years.

 

 


 


Arts, Culture and Heritage Advisory Committee

 

 

3 x Councillors

(including Deputies)

-

Cr____________

Cr ___________           (Deputy)

Cr ___________

Cr ___________           (Deputy)

Cr ___________

Cr ___________           (Deputy)

 

7x Community Delegates

 

 

 

 

 

 

 

 

 

 

 

Chairperson/Deputy

 

 

 

-

 

 

 

 

 

1 x         Heritage Organisation

             Sarah Keenan, Broome Historical Society

1 x         Arts Organisation

             Sandy Darrington – Arts Organisation

1 x         Cultural Organisation

             Sarah Yu, Nyamba Buru Yawuru

4 x         Community Representatives

             Eunice Yu

             Vanessa Margetts

             Gwen Knox

             Rani Middleton

 

                            (Chairperson);

                               (Deputy Chair)

 

Officer Responsible

-

Deputy Chief Executive Officer/Director Community and Economic Development

 

Standing Ex-Officio Members

 

Deputy Chief Executive Officer/Director Community and Economic Development

Manager Community Development

Meeting Schedule

-

Quarterly and other meetings as required

 

Meeting Location

-

Function or Committee Room, Shire of Broome

 

Quorum

-

Five (5) voting members as per Section 5.19 of the Local Government Act 1995

 

Delegated Authority

-

Nil

 


FUNCTIONS:

 

1.0        NAME

 

The name of the Committee is the Arts, Culture & Heritage Advisory Committee.

 

2.0        DISTRICT/AREA OF CONTROL

 

Local Government boundaries of the Shire of Broome.

 

3.0        VISION / PURPOSE

 

To provide advice to Council on matters of Arts, Culture and Heritage. This includes matters relating to the Shinju Matsuri Festival such as the scope of financial and in kind support provided to the festival and participation in the Shinju Matsuri Aquisitive Arts Prize.

 

To provide advice to Council to guide the implementation of the Shire of Broome Public Art Policy.

 

4.0        STATUTE

 

Shire of Broome Standing Orders Local Law 2003

The Shire of Broome Standing Orders Local Law 2003 (Amended 30 July 2004 and 31 July 2012) apply.

 

Shire of Broome Policies:

 

Policy 5.1.6     Public Art

 

Policy 5.1.9     Shinju Matsuri Acquisitive Art Prize

 

Various legislative instruments may apply including but not limited to:

 

Heritage of Western Australia Act 1990

 

Aboriginal Heritage Act 1972

 

Museum Act 1969

 

Copyright Act 1968

 

Copyright Amendment (Moral Rights) Act 2000

 

5.0        ESTABLISHMENT

 

Established by Council Resolution on 6 September 2012.

 

6.0        OBJECTIVES

 

1.        Research and develop a draft Arts & Culture Plan for consideration by Council

2.        Research and develop a draft Cultural Heritage Plan for consideration by Council

1.   Provide advice to Council on matters relating to the Shinju Matsuri Festival such        as;

a.   the scope of financial and in kind support provided to the festival; and

b.   participation in the Shinju Matsuri Acquisitive Art Prize.

 

2.       Provide advice to Council to guide the implementation of the Shire of Broome Public Art Policy and Local Planning Policy 8.20 and to make recommendations to Council relating to public art regarding the:

a.   commissioning model to be used for public art projects;

b.   selection of artist(s);

c.   approval of concepts and design.

 

3.       Provide input and advice regarding the allocation of funds for arts, culture and heritage activities for the Shire’s annual budget process.

 

 

7.0        MEMBERSHIP

 

7.1      General

Council will appoint three elected members as Delegates and three elected members as Deputies to the Committee. Three Shire officers are also appointed as members.

 

7.2      Tenure of Membership

Where a person is appointed as a member of the Arts, Culture and Heritage Committee the person’s membership of the Committee continues until —

 

·    The person no longer holds office by virtue of which the person became a member.

·    The person resigns from membership of the Committee.

·    The Committee is disbanded.

·    The Council removes the person from the Committee by resolution of Council.

·     For elected member Delegates, the next ordinary elections day

 

Officers may be appointed and removed from the Committee by the Director/s of the functional area responsible for the Committee.

 

8.0        DELEGATED AUTHORITY

 

The Committee does not have executive powers or authority to implement actions in areas over which the CEO has legislative responsibility and does not have any delegated financial responsibility.  Unless provision has been made in the Budget for expenditure, Committees require an officer report to be presented to Council for endorsement of any proposed expenditure.

 

 

9.0        COMMITTEE

 

9.1 Chairperson

The Chairperson and Deputy Chairperson to be elected by the Committee members.  The Chairperson is _________ and the Deputy Chairperson is __________.

 

The role of Chairperson and Deputy Chairperson are to be vacated following biannual Council elections in October and re-elected from the Committee membership.

 

9.2 Secretariat

This role is to be fulfilled by a Shire officer from the Community Development Directorate.

 

9.3 Standing Ex-Officio Members

Shire President and Chief Executive Officer.

Deputy Chief Executive Officer/Director Community and Economic Development, Manger Community Development or their delegate(s) will be standing ex-officio members.  Other officers or community members may be invited to attend meetings as required and to be determined by the Chief Executive Officer.

 

10.0      MEETINGS

 

10.1        Annual General Meeting

N/A

 

10.2        Committee Meetings

The Chairperson Chief Executive Officer will call meetings every three months and as required.

Committee meetings will be advertised as per statutory requirements.

 

10.3        Quorum

Five members including one elected member delegate.

 

10.4                               Voting

Voting shall be by consensus or by a show of hands as directed by the Chairperson.  If voting is enacted it will follow principles of S5.21 of the Local Government Act 1995. 

 

Local Government Act 1995

S 5.21 - Voting

(1)  Each council member and each member of a committee who is present at a meeting of the council or committee is entitled to one vote.

(2)  Subject to section 5.67, each council member and each member of a committee to which a local government power or duty has been delegated who is present at a meeting of the council or committee is to vote.

(3)  If the votes of members present at a council or a committee meeting are equally divided, the person presiding is to cast a second vote.

(4)  If a member of a council or a committee specifically requests that there be recorded —

(a)    his or her vote; or

(b)    the vote of all members present, on a matter voted on at a meeting of the council or the committee, the person presiding is to cause the vote or votes, as the case may be, to be recorded in the minutes.

 

10.5            Minutes of Meetings

The person presiding is to ensure that Minutes of the Meeting are kept of the meetings proceedings.

 

The Meeting Minutes may be confirmed by a majority of members present at the meeting in writing via email, after the completion of the meeting.  Once Meeting Minutes have been confirmed by members they are to be submitted to the Council Secretary be posted on the Shire’s website.

 

Recommendations requiring Council action arising from the Meeting Minutes shall be presented to Council at the next Ordinary Council Meeting or earliest available Council meeting if it is not possible to present the Minutes to the next Ordinary Council Meeting.

 

10.6                  Who Acts if No Presiding Member

If, in relation to the presiding member of the Committee:

(a)       the office of presiding member and the office of deputy presiding member are vacant; or

(b)       the presiding member and the deputy presiding member, if any, are not available or are unable or unwilling to perform the functions of presiding member, then the Committee members present at the meeting are to choose one of themselves to preside at the meeting.

 

10.7            Members Interests to be Disclosed

Members of the Arts, Culture & Heritage Committee are required to declare their financial interests and complete a Declaration form where relevant, using the principles detailed in  the Local Government Act Section 5.65-5.70 with respect to disclosure of financial, impartiality or proximity interests (‘CEO’ in the LGA text means the ‘Chairperson’ in the committee sense).

 

5.65.    Members’ interests in matters to be discussed at meetings to be disclosed

(1)        A member who has an interest in any matter to be discussed at a council or committee meeting that will be attended by the member must disclose the nature of the interest — 

(a)       in a written notice given to the CEO before the meeting; or

(b)       at the meeting immediately before the matter is discussed.

Penalty: $10 000 or imprisonment for 2 years.

(2)        It is a defence to a prosecution under this section if the member proves that he or she did not know — 

(a)       that he or she had an interest in the matter; or

(b)       that the matter in which he or she had an interest would be discussed at the meeting.

(3)        This section does not apply to a person who is a member of a committee referred to in section 5.9(2)(f).

5.9.   Types of committees

(1)     In this section — other person” means a person who is not a council member or an employee.

(2)     A committee is to comprise — 

         (f)      other persons only.

 

 

5.66.    Meeting to be informed of disclosures

If a member has disclosed an interest in a written notice given to the CEO before a meeting then —

(a)       before the meeting the CEO is to cause the notice to be given to the person who is to preside at the meeting; and

(b)       at the meeting the person presiding is to bring the notice and its contents to the attention of the persons present immediately before the matters to which the disclosure relates are discussed.

               [Section 5.66 amended by No.1 of 1998 s.16; No. 64 of 1998 s.33.]

 

5.67.    Disclosing members not to participate in meetings

A member who makes a disclosure under section 5.65 must not — 

(a)       preside at the part of the meeting relating to the matter; or

(b)       participate in, or be present during, any discussion or decision making procedure relating to the matter, unless, and to the extent that, the disclosing member is allowed to do so under section 5.68 or 5.69.

Penalty: $10 000 or imprisonment for 2 years.

 

5.68.    Councils and committees may allow members disclosing interests to participate etc. in meetings

(1)        If a member has disclosed, under section 5.65, an interest in a matter, the members present at the meeting who are entitled to vote on the matter — 

(a)       may allow the disclosing member to be present during any discussion or decision making procedure relating to the matter; and

(b)       may allow, to the extent decided by those members, the disclosing member to preside at the meeting (if otherwise qualified to preside) or to participate in discussions and the decision making procedures relating to the matter if — 

(i)      the disclosing member also discloses the extent of the interest; and

(ii)     those members decide that the interest — 

(I)      is so trivial or insignificant as to be unlikely to influence the disclosing member’s conduct in relation to the matter; or

(II)     is common to a significant number of electors or ratepayers.

(2)        A decision under this section is to be recorded in the minutes of the meeting relating to the matter together with the extent of any participation allowed by the council or committee.

(3)        This section does not prevent the disclosing member from discussing, or participating in the decision making process on, the question of whether an application should be made to the Minister under section 5.69.

 

5.70.    Employees to disclose interests relating to advice or reports

(1)        In this section — 

employee includes a person who, under a contract for services with the local government, provides advice or a report on a matter.

(2)        An employee who has an interest in any matter in respect of which the employee is providing advice or a report directly to the council or a committee must disclose the nature of the interest when giving the advice or report.

(3)        An employee who discloses an interest under this section must, if required to do so by the council or committee, as the case may be, disclose the extent of the interest.

Penalty: $10 000 or imprisonment for 2 years.

 

5.71.    Employees to disclose interests relating to delegated functions

If, under Division 4, an employee has been delegated a power or duty relating to a matter and the employee has an interest in the matter, the employee must not exercise the power or discharge the duty and — 

(a)       in the case of the CEO, must disclose to the mayor or president the nature of the interest as soon as practicable after becoming aware that he or she has the interest in the matter; and

(b)       in the case of any other employee, must disclose to the CEO the nature of the interest as soon as practicable after becoming aware that he or she has the interest in the matter.

Penalty: $10 000 or imprisonment for 2 years.


 

 

Broome Cemetery Advisory Committee

 

2 1x Councillor

(including Deputy)

 

-

1) Cr ___________

Cr _____________ (Deputy)

 

2) Cr ___________

Cr _____________ (Deputy)

 

 

10 8 x Community

Delegates

 

 

 

 

 

 

 

 

 

 

2 1x Funeral Directors

 

 

Chairperson/Deputy

 

-

 

 

 

 

 

 

 

 

 

 

-

 

 

 

 

 

 

 

 

 

 

-

Mr R Crook – Community Delegate

Ms E Yu - Chinese Community Delegate

Ms J Young – Broome Historical Society Delegate

Ms C Masuda – Community Delegate

Ms J Bin Omar – Muslim Community Delegate

Ftr P Boyers – Broome Catholic Church

Ms E Bernard – Community Delegate

Ms A Booth – Nor West Monumental

Vacant – Broome Anglican Church

Vacant – Community Delegate

 

 

 

Mr P Cornish – Broome Funeral Services

Ms F Zavazal – Okuri Funeral Services

 

________________ (Chairperson)

________________ (Deputy Chair)

 

Officer Responsible (non-voting)

-

Director Corporate Services

(Liaise via Manager Governance)

Standing Ex-Officio Members

 

Director Infrastructure Services or delegate

 

Meeting Schedule

-

Bimonthly on Wednesdays at 4pm

 

Meeting Location

-

Committee Room, Shire of Broome

 

Quorum

-

The Quorum shall be four (4) five (5) members in accordance with Section 5.159 of the Local Government Act 1995.

 

Delegated Authority

-

Nil


FUNCTIONS:

 

1.0       NAME

The name of the Committee is the Broome Cemetery Advisory Committee.

 

2.0       DISTRICT/AREA OF CONTROL

The district shall have the application as deemed in the Local Government Act 1995, district means an area of the State that is declared to be a district under section 2.1 of the Local Government Act 1995.  This being the whole of the Shire of Broome.

 

3.0       VISION / PURPOSE

The Broome Cemeteries Advisory Committee (BCAC) provides advice to the Council on the management and operation of the Broome Cemetery, taking into consideration the ecumenical and cultural requirements of the various denominations represented in the Cemetery and the future requirements of the Broome Community.

 

4.0       STATUTE

Local Government Act 1995

 

3.54.    Reserves under control of a local government

(1)        If land reserved under the Land Administration Act 1997 is vested in or placed under the control and management of a local government, the local government may do anything for the purpose of controlling and managing that land that it could do under section 5 of the Parks and Reserves Act 1895 if it were a Board appointed under that Act to manage and control the land and for that purpose a reference in that section to a by‑law is to be read as a reference to a local law.

(2)        Subsection (1) is subject to any express provision to the contrary made by an order under the Land Administration Act 1997 in respect of the land.

            [Section 3.54 amended by No. 49 of 2004 s. 74(4).]

 

3.55.    Acquisition of land

            A local government can only take land under Part 9 of the Land Administration Act 1997 if it is in, or is to be regarded as being included in, its own district.

 

5.8.      Establishment of committees

            A local government may establish* committees of 3 or more persons to assist the council and to exercise the powers and discharge the duties of the local government that can be delegated to committees.

            * Absolute majority required.

 

5.9.      Types of committees

(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;

(b)       council members and employees;

(c)       council members, employees and other persons;

(d)       council members and other persons;

(e)       employees and other persons; or

(f)        other persons only.

 

5.10.    Appointment of committee members

(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.

 

5.11A. Deputy committee members

(1)        The local government may appoint* a person to be a deputy of a member of a committee and may terminate such an appointment* at any time.

                                    * Absolute majority required.

(2)        A person who is appointed as a deputy of a member of a

                                    committee is to be —

(a)       if the member of the committee is a council member —

            a council member; or

(b)       if the member of the committee is an employee — an

            employee; or

(c)       if the member of the committee is not a council member

            or an employee — a person who is not a council

            member or an employee; or

(d)       if the member of the committee is a person appointed

            under section 5.10(5) — a person nominated by the

            CEO.

(3)        A deputy of a member of a committee may perform the

            functions of the member when the member is unable to do so by reason of illness, absence or other cause.

(4)        A deputy of a member of a committee, while acting as a

                                    member, has all the functions of and all the protection given to a member.

                                    [Section 5.11A inserted by No. 17 of 2009 s. 20.]

 

5.11.Committee membership, tenure of

(1)        Where a person is appointed as a member of a committee under section 5.10(4) or (5), the person’s membership of the committee continues until — 

(a)       the person no longer holds the office by virtue of which the person became a member, or is no longer the CEO, or the CEO’s representative, as the case may be; or

(b)       the person resigns from membership of the committee; or

(c)       the committee is disbanded; or

(d)       the next ordinary elections day,

whichever happens first.

(2)        Where a person is appointed as a member of a committee other than under section 5.10(4) or (5), the person’s membership of the committee continues until — 

(a)       the term of the person’s appointment as a committee member expires; or

(b)       the local government removes the person from the office of committee member or the office of committee member otherwise becomes vacant; or

(c)       the committee is disbanded; or

(d)       the next ordinary elections day,

            whichever happens first.

5.12.    Presiding members and deputies, election of

(1)        The members of a committee are to elect a presiding member from amongst themselves in accordance with Schedule 2.3, Division 1 as if the references in that Schedule — 

(a)       to “office” were references to “office of presiding member”; and

(b)       to “council” were references to “committee”; and

(c)       to “councillors” were references to “committee members”.

(2)        The members of a committee may elect a deputy presiding member from amongst themselves but any such election is to be in accordance with Schedule 2.3, Division 2 as if the references in that Schedule — 

(a)       to “office” were references to “office of deputy presiding member”; and

(b)       to “council” were references to “committee”; and

(c)       to “councillors” were references to “committee members”; and

(d)       to “mayor or president” were references to “presiding member”.

5.13.    Deputy presiding members, functions of

                                    If, in relation to the presiding member of a committee — 

(a)       the office of presiding member is vacant; or

(b)       the presiding member is not available or is unable or unwilling to perform the functions of presiding member,

                                      then the deputy presiding member, if any, may perform                                the functions of presiding member.

5.14.    Who acts if no presiding member

                                    If, in relation to the presiding member of a committee — 

(a)       the office of presiding member and the office of deputy presiding member are vacant; or

(b)       the presiding member and the deputy presiding member, if any, are not available or are unable or unwilling to perform the functions of presiding member,

                                    then the committee members present at the meeting are to       choose     one of themselves to preside at the meeting.

 

Cemeteries Act 1986

 

Part VIII — Local laws, by‑laws and regulations

               [Heading amended by No. 14 of 1996 s. 4; No. 57 of 1997 s. 29(1).]

 

54.       Procedure for local laws and by‑laws

(1)       A Board that is a local government may make local laws in accordance with subdivision 2 of Division 2 of Part 3 of the Local Government Act 1995 for the purposes specified in section 55.

(2)       A Board that is not a local government may make by‑laws for the purposes specified in section 55 and is to make them in accordance with subdivision 2 of Division 2 of Part 3 of the Local Government Act 1995 as if the Board was a local government making local laws.

[Section 54 inserted by No. 14 of 1996 s. 4.]

 

55.       Local laws and by‑laws

(1)       A Board may make local laws or by‑laws, as the case may be, that are necessary or convenient for the purposes of this Act and in particular for any of the following purposes — 

(a)       prescribing types of memorials permitted in different areas of a cemetery;

(b)       prescribing the location, dimensions and preparation of graves;

(c)       prescribing specifications and materials for memorials;

(d)       prescribing specifications and materials for coffins for burials and cremations;

(e)       prescribing methods for the disposal of ashes of cremated bodies in a cemetery;

(f)        prescribing requirements for the burial and covering of coffins;

(g)       for the protection of memorials and the land and property of a Board;

(h)       regulating the grant of rights of burial;

(i)         regulating the maintenance of areas for burials and empowering a Board to enter into an agreement with the holder of a right of burial for the maintenance of an area at the expense of such holder;

(j)         regulating, subject to the provisions of the Cremation Act 1929, the operation of any crematorium used by a Board;

(k)        convening and regulating meetings of a Board;

(l)         for the conduct of funerals, including the conduct of funerals by a Board;

(m)      prescribing the procedures of a Board with respect to applications for and issue of licences, permits and permissions;

(n)       regulating the entry to and use of vehicles in a cemetery;

(o)       regulating the manner of payment and the receipt of fees and charges;

(p)       providing that contravention of a local law or by‑law constitutes an offence and providing for penalties not exceeding a fine of $500 and if the offence is a continuing one to a further fine not exceeding $20 for every day or part of a day during which the offence has continued;

(q)       prescribing offences for the purposes of sections 63 and 64 by setting out the offences or by reference to the provisions contravention of which constitutes the offences and in respect of each such offence prescribing the modified penalty, or different modified penalties according to the circumstances by which the offence is attended, applicable if the offence is dealt with under those sections, but so that no such modified penalty exceeds $50; and

(r)        generally for the doing of all such acts and things as are or may be necessary or convenient for the effective administration of a cemetery.

[Section 55 amended by No. 14 of 1996 s. 4; No. 57 of 1997 s. 29(2).]

 

56.     Model local laws

(1)       The Governor may cause to be prepared and published in the Gazette model local laws the provisions of which a local law or by‑law made under this Act may adopt by reference, with or without modification.

(2)       Model local laws have no effect except to the extent that they are adopted.

(3)       The Governor may, by notice published in the Gazette, amend a model local law published under this section.

(4)       An amendment to a model local law does not affect any local law or by‑law that adopted the model local law before the amendment but the amendment may be adopted by a further local law or by‑law.

[Section 56 inserted by No. 14 of 1996 s. 4.]

 

Shire of Broome Standing Orders Local Law 2003

The Shire of Broome Standing Orders Local Law 2003 (Amended 30 July 2004 and 31 July 2012) apply.

 

Shire of Broome - Local Law (Cemeteries) 2012

PART 1 - PRELIMINARY

 

1.1              Citation

This local law may be cited as the Shire of Broome Cemeteries Local Law 2012.

 

1.2     Application

This local law applies to all public cemeteries within the district.

 

1.3     Commencement

This local law comes into operation 14 days after the date of its publication in the Government Gazette.

 

1.4              Interpretation

In this local law unless the context otherwise requires:

Act means the Cemeteries Act 1986;

ashes means so much of the remains of a dead body after the due processes of cremation as may be contained in a standard sized cremation urn;

authorised person means an employee of the Board -

(a)      appointed by the Board under section 9.10 of the Local Government Act 1995 for the purposes of performing any function or exercising any power, other than the giving of infringement notices, conferred upon an authorised person by this local law; or

(b)      authorised under section 64 of the Act in writing signed by the chairman of the Board to give infringement notices;

CEO means the chief executive officer for the time being, of the Board;

coffin means a coffin or other receptacle used for the transportation of a dead body to the grave site;

district means the district of the Shire of Broome;

Funeral Director means a person holding a current funeral director’s licence;

Board means the Shire of Broome;

mausoleum means a building or construction wholly above or partially above and below ground level, so constructed as to allow the deposition of dead bodies into a compartment in the wall or floor and being sealed from view;

monumental mason means a person holding a current monumental mason’s licence;

personal representative means the administrator or executor of an estate of a deceased person;

set fee refers to fees and charges set by a resolution of the Board and published in the Government Gazette, under section 53 of the Act;

single funeral permit means a permit issued by the Board under section 20 or 21 of the Act which entitles the holder to conduct at the cemetery a funeral of a person named in the permit; and

vault means a below ground lined grave with one or more sealed compartments constructed to specifications approved from time to time by the Board.

 

1.5     Repeal

The Shire of Broome Local Law (Cemeteries) 1998 published in the Government Gazette on 18 June 1999 is repealed.

 

Part 2 - Administration

 

2.1     Powers and functions of CEO

Subject to any directions given by the Board, the CEO shall exercise all the powers and functions of the Board in respect of the cemetery.

 

Part 3 – Application for Funerals

 

3.1     Application for burial

(1)     A person may apply for approval to bury a dead body in the cemetery in the form determined by the Board from time to time.

(2)     An application under subclause (1) is to be accompanied by the set fee.

 

3.2     Applications to be accompanied by certificates etc

All applications referred to in clause 3.1 shall be accompanied by either a medical certificate of death or a Coroner’s order of burial, and a certificate issued under clause 3.3, in respect of the body.

 

3.3     Certificate of identification

(1)     After a dead body is placed in a coffin and prior to a dead body being removed to the cemetery, a person who personally knew the deceased shall identify the dead body and shall complete a certificate of identification in the form determined by the Board from time to time, unless –

(a)         in the opinion of the Funeral Director, the dead body is not in a fit state to be viewed; or

          (b)     after reasonable effort the Funeral Director is unable to arrange for a                           person to identify the dead body.

(2)     A funeral director shall complete a certificate in the form determined by the Board from time to time, where –   

(a)         in the opinion of the funeral director, the dead body is not in a fit state to be viewed; or

(b)         after reasonable effort the funeral director is unable to arrange for a person to identify the dead body.

 

3.4     Minimum notice required

All bookings to hold a funeral shall be made with the Board at least forty eight hours prior to the time proposed for burial on the application, otherwise an extra charge may be made.

 

Part 4 – Funeral Directors

 

4.1     Funeral Director’s licence expiry

A Funeral Director’s licence shall expire on the 30th day of June in each year.

 

4.2     Single funeral permits

Every application for a single funeral permit made under section 20 or 21 of the Act shall include coffin specifications and details of the vehicle transporting the dead body to the gravesite.

 

4.3     Application refusal

The Board may refuse an application for a single funeral permit if, in the opinion of the Board, either the coffin specifications or the details of the vehicle transporting the dead body to the gravesite are not structurally sound or are otherwise inadequate or inappropriate, or on any other grounds.

 

Part 5 - Funerals

Division 1 - General

 

5.1     Requirements for funerals and coffins

A person shall not bring a dead body into a cemetery unless –

(a)     the Board has approved an application for the burial of that dead                       body in accordance with Part 3 of this local law;

(b)     it is enclosed in a coffin which in the opinion of the Board is structurally                sound and bears the name of the deceased person indelibly inscribed                in legible characters on a plate on the coffin’s lid; and

(c)     there is a substantive lead strip bearing the surname of the deceased                 person stamped in legible characters, each character being not less            than 10 mm in height, for burial with the dead body.

 

5.2     Funeral processions

The time fixed by the Board for any burial shall be the time at which the funeral procession is to arrive at the cemetery gates, and, if not punctually observed, then the applicant who applied to hold the funeral under clause 3.1 shall pay the set fee for being late.

 

5.3     Vehicle entry restricted

(1)     Subject to clause 5.3(2), every funeral procession shall enter by the principal     entrance, and no vehicle except the hearse, and official mourning coaches,       shall be permitted to enter the cemetery. 

(2)     This clause shall not apply to vehicles approved by the CEO or an authorised person or to persons using wheelchairs or motorised wheelchairs.

 

5.4     Vehicle access and speed limitation

(1)     A person shall drive a vehicle on a vehicular access way or the constructed roadway or other areas designated for the use of vehicles within the cemetery, unless otherwise authorised by the CEO.

(2)     A person driving a vehicle, within a cemetery, shall not exceed the speed limit of 25 km per hour, and shall comply with the signs and directions in the cemetery.

 

5.5     Offenders may be ordered to leave

(1)     A person committing an offence under clause 5.4 may be ordered to leave     the cemetery by the CEO or an authorised person.

(2)      A person who has been ordered to leave the cemetery by the CEO or an authorised person is to leave immediately in a peaceful manner and not cause a disruption or be a nuisance to the funeral congregation or ceremony or procession.

 

5.6     Conduct of funeral by the Board

When conducting a funeral under section 22 of the Act the Board may –

(a)          require a written request for it to conduct a funeral to be lodged with it;

(b)          in its absolute discretion, charge any person requesting it to conduct a funeral the set fee for the conduct of that funeral by it;

(c)          where no fee or a reduced fee has been charged by it for the conduct of the funeral, determine the manner in which the funeral shall be conducted;

(d)          specify an area in the cemetery where the dead body is to be buried or the ashes placed; 

(e)          conduct the funeral notwithstanding the failure of a person to make any application or to obtain any consent required under this local law;

(f)           do or require anything which it considers is necessary or convenient for the conduct of a funeral by it.

 

Division 2 - Placement of Ashes

 

5.7     Disposal of ashes

(1)          The personal representative of a deceased person whose body has been cremated may apply, in an application under clause 3.1 or otherwise, for permission to dispose of the ashes in the cemetery and upon payment of the set fee the Board may grant permission for the ashes to be disposed of by one of the following methods, if that method is available -

Niche Wall

Memorial Wall

Garden of Remembrance

Ground Niche

Memorial Rose, Tree or Shrub

Family Shrub

Memorial Desk

Granite Seat

Family Grave

Book of Remembrance

Scattering in an area approved by the Board

Memorial Gardens

Other memorials approved by the Board

(2)     Subject to sub-clauses (3) and (4), a person shall not place the ashes of a deceased person in the cemetery.

(3)     An authorised person or licensed Funeral Director may place the ashes of a deceased person in a cemetery in accordance with the Board approval provided –

(a)     the person requesting the placement of the ashes has the permission of the Board; and

(b)     the ashes are placed within an area set aside for that purpose by the Board.

(4)     An authorised person or licensed Funeral Director may place the ashes of a      deceased person within a grave in accordance with the Board approval,     provided the person requesting the placement of the ashes has the written     permission of the Board and the approval of the holder of the right of burial of   the grave.

 

Part 6 - Burials

 

6.1     Depth of graves

(1)     A person shall not bury a dead body within the cemetery so that the distance from the top of the dead body to the original surface of the ground is -

(a)     subject to paragraph (b), less than 1600mm, unless that person has the permission of an authorised person; or

(b)     in any circumstances less than 1100mm.

(2)     The permission of the authorised person in sub-clause (1)(a) will only be granted where in the opinion of the authorised person exceptional circumstances require granting of that permission.

(3)     Permission of the authorised person shall not be given for more than 2 dead bodies to be buried per grave.

 

Part 7 – Memorials and Other Work

Division 1 - General

 

7.1     Application for monumental work

A Board may require the written consent of the holder of the right of burial of the grave to accompany an application under section 30 of the Act.

 

7.2     Placement of monumental work

Every memorial shall be placed on proper and substantial foundations.

 

7.3     Removal of rubbish

All refuse, rubbish or surplus material remaining after memorial works are completed under a permit issued under section 30 of the Act shall be immediately removed from the cemetery by the person carrying out the same.

 

7.4     Operation of work

All material required in the erection and completion of any work shall, as far as possible, be prepared before being taken to the cemetery, and all materials required by tradesmen shall be admitted at such entrance as the CEO or an authorised person shall direct.

 

7.5     Removal of sand, soil or loam

No sand, earth or other material shall be taken from any part of the cemetery for use in the erection of any memorial or work except with the written approval of the Board.

 

7.6     Hours of work

Persons shall not be permitted to carry out memorial or other work on graves within the cemetery other than during the hours of 6.00am and 6.00pm on weekdays, and 8.00am and noon on Saturdays, without the written permission of the Board.

 

7.7     Unfinished work

Should any work by masons or others be not completed before 6.00pm on weekdays and noon on Saturdays, they shall be required to leave the work in a neat and safe condition to the satisfaction of the CEO or an authorised person.

 

7.8     Use of wood

No wooden fence, railing, cross or other wooden erection shall be allowed on or around any grave, other than as a temporary marker and with the prior written approval of the Board.

 

7.9     Plants and trees

No trees or shrubs shall be planted on any grave or within the cemetery except such as shall be approved in writing by the CEO.

 

7.10   Supervision

All workers, whether employed by the Board or by any other person, shall at all times whilst within the boundaries of the cemetery be subject to the supervision of the CEO or an authorised person and shall obey such directions as the CEO or an authorised person may give.

 

7.11   Australian war graves

Notwithstanding anything in this local law to the contrary, the Office of Australian War Graves:

(a)     may place a memorial on a military grave; and

(b)     is not required to pay the set fee for any memorial that is placed upon a military grave.

 

7.12   Placing of glass domes and vases

A person shall not place glass domes, vases or other grave ornaments –

(a)     outside the perimeter of a grave in the cemetery as defined in the plans kept and maintained under section 40(2) of the Act; or

(b)     on the lawn in an area set aside by the Board as a lawn or a memorial plaque section.

 

7.13   Specification on monuments

(1)     All monuments in the cemetery shall –

(a)     Comply with the following specifications:

(i)      the overall height of the monument above the original surface of the grave shall not exceed 1.05m;

(ii)     the height of the base of the monument above the original surface of the grave shall not be less than 150mm nor more than 450mm;

(iii)     the dimensions of a base shall be 1.20m by 2.40m; and

(iv)    the depth of the base of the monument shall not exceed 300mm; and

(b)     a base shall have footings extending to the natural surface of the               ground.

(2)     An admiralty bronze memorial plaque may be attached to a monument erected or being erected within the cemetery.

(3)     A person shall not display any trade names or marks upon any monument erected within the cemetery.

 

7.14   Headstones

In the cemetery, that part of a headstone above its base shall not extend horizontally beyond that base.

 

Division 2 - Memorial Plaque Section

 

7.15   Requirements of a memorial plaque

(1)     All memorial plaques placed in a memorial plaque section of the cemetery shall –

(a)     be made of admiralty bronze or any other material approved by the Board; and

(b)     not be less than the dimensions 380mm x 280mm, nor more than 560mm x 305mm; and

(2)     All memorial plaques made of admiralty bronze shall –

(a)     not exceed 20mm in thickness; and

(b)     be placed upon a base mounting approved by the Board.

(3)     All memorial plaques made of stone shall –

(a)     not exceed 50mm in thickness placed upon a base mounting approved by the Board; or

          (b)     not be less than 100mm in thickness if it is not to be placed upon a base             mounting.

 

(NB at the OMC 18 July 2013 Council resolved to provide an undertaking to the Joint Standing Committee on Delegated Legislation to amend this clause to insert provisions to deal with the licensing of monumental masons (as set out in Part 7, Division 4 of the WALGA Model Local Laws Manual 2010).  This amendment local law is still being progressed at the time of this review).

 

Part 8 - General

 

8.1     Animals

Subject to clause 8.2, a person shall not bring an animal into or permit an animal to enter or remain in the cemetery, other than with the approval of the CEO or an authorised person.

 

8.2     Guide dogs

Clause 8.1 shall not apply to a hearing impaired person or a person who is blind or partially blind and is accompanied by a hearing or guide dog.

 

(NB at the OMC 18 July 2013 Council resolved to provide an undertaking to the Joint Standing Committee on Delegated Legislation to amend this clause to ‘not exclude assistance animals as defined in section 9(2) of the Disability Discrimination Act 1992 (Cth) from cemeteries in its district.  This amendment local law is still being progressed at the time of this review).

 

8.3     Damaging and removing of objects

Subject to clause 8.4, a person shall not damage, remove or pick any tree, plant, shrub or flower in the cemetery or any other object or thing on any grave or memorial or which is the property of the Board without the permission of the Board.

 

8.4     Withered flowers

A person may remove withered flowers from a grave or memorial and these are to be placed in a receptacle provided by the Board for that purpose.

 

8.5     Littering and vandalism

A person shall not –

(a)     break or cause to be broken any glass, ceramic or other material in or upon the cemetery; or

(b)     discard, deposit, leave or cause to be discarded, deposited or left any refuse or litter in or upon the cemetery other than in a receptacle provided for that purpose.

 

8.6     Advertising

(1)       A person shall not advertise or carry on any trade, business or profession within the cemetery without the prior written approval of the Board.

(2)       The Board may consider and grant approval subject to such conditions as the Board thinks fit.

 

8.7     Obeying signs and directions

A person shall obey all signs displayed, marked, placed or erected by the Board within the cemetery and any other lawful direction by the CEO or an authorised person.

 

8.8     Removal from the cemetery

Any person failing to comply with any provisions of this local law or behaving in a manner that in the opinion of the Board, the CEO or an authorised person is inappropriate in the cemetery may in addition to any penalty provided by this local law be ordered to leave the cemetery by the Board, the CEO or an authorised person.

 

Part 9 – Offences and Modified Penalties

 

9.1     General

A person who commits a breach of any provisions of this local law commits an offence and shall on conviction be liable to a penalty not exceeding $500.00 and if the offence is a continuing one to a further penalty not exceeding $20.00 for every day or part of a day during which the offence has continued.

 

9.2     Modified penalties

(1)       The offences specified in Schedule 1 are offences which may be dealt with under section 63 of the Act.

(2)       The modified penalty payable in respect of an offence specified in Schedule 1 is the maximum penalty as prescribed in the Act.

(3)       The prescribed form of the infringement notice referred to in section 63(1) of the Act is set out in Schedule 2.

(4)       The prescribed form of the notice withdrawing an infringement notice referred to in section 63(3) of the Act is set out in Schedule 3.

 

5.0       ESTABLISHMENT

Committee established as per Council Resolution of 24 May 2005 and reviewed 14 December 2007.

 

6.0       TERMS OF REFERENCE

The Broome Cemeteries Advisory Committee (BCAC) provides advice to the Council on the management and operation of the Broome Cemetery, taking into consideration the ecumenical and cultural requirements of the various denominations represented in the Cemetery and the future requirements of the Broome Community.

 

The BCAC shall take into consideration the following matters as part of its Terms of Reference when reporting to Council:

 

·      Formalisation of record keeping and management systems

·      Maintenance levels of Cemeteries in the Shire of Broome

·      Grave identification and plot marking and other general survey

·      Establishment of an Ashes repository

·      Fees and Charges

·      Review of ongoing management and recognition of the cultural and        historical significance of cemeteries within the Shire of Broome.

·        Development of new cemetery opportunities within the district considering lawn cemetery, memorial wall  including progression of Broome Cemetery Masterplan

·      Review of Local Laws adopted pursuant to the Cemeteries Act 1986

 

7.0       MEMBERSHIP

 

7.1   General

Council will appoint two one Council Delegate and two one Council Deputy to the Committee.

 

7.2   Tenure of Membership

Local Government Act 1995

5.11.      Tenure of committee membership

(1)        Where a person is appointed as a member of a committee under section 5.10(4) or (5), the person’s membership of the committee continues until — 

(a)       the person no longer holds the office by virtue of which the person became a member, or is no longer the CEO, or the CEO’s representative, as the case may be;

(b)       the person resigns from membership of the committee;

(c)       the committee is disbanded; or

(d)       the next ordinary elections day, whichever happens first.

(2)        Where a person is appointed as a member of a committee other than under section 5.10(4) or (5), the person’s membership of the committee continues until — 

(a)       the term of the person’s appointment as a committee member expires;

(b)       the local government removes the person from the office of committee member or the office of committee member otherwise becomes vacant;

(c)       the committee is disbanded; or

(d)       the next ordinary elections day, whichever happens first.

 

8.0       DELEGATED AUTHORITY

Nil

 

9.0       COMMITTEE

9.1 Chairperson

As appointed by delegates ___________ is the Chairperson and _______________ is the Deputy Chairperson.

 

9.2 Secretariat

The Senior Administration and Governance Officer will fulfil this administrative non voting role.

 

9.3 Standing Ex-Officio Members

Nil

Director Infrastructure Services or their delegate(s) will be standing ex-officio members.  Other officers or community members may be invited to attend meetings as required and to be determined by the Chief Executive Officer.

 

10.0     MEETINGS

 

10.1                      Annual General Meeting

N/A

 

10.2                      Committee Meetings

The Committee shall meet on Wednesdays at 4pm every second month, the dates to be advised and advertised as per statutory requirements.

 

10.3                      Quorum

Quorum is four (4) five (5) members in accordance with Section 5.15 9 of the Local Government Act 1995.

 

5.15.      Reduction of quorum for committees

The local government may reduce* the number of offices of committee member required for a quorum at a committee meeting specified by the local government if there would not otherwise be a quorum for the meeting.

* Absolute majority required.

5.19. Quorum for meetings

The quorum for a meeting of a council or committee is at least

50% of the number of offices (whether vacant or not) of member of the council or the committee.

 

 

10.4                      Voting

Local Government Act 1995

S 5.21 - Voting

(1)        Each council member and each member of a committee who is present at a meeting of the council or committee is entitled to one vote.

(2)        Subject to section 5.67, each council member and each member of a committee to which a local government power or duty has been delegated who is present at a meeting of the council or committee is to vote.

(3)        If the votes of members present at a council or a committee meeting are equally divided, the person presiding is to cast a second vote.

(4)        If a member of a council or a committee specifically requests that there be recorded —

(a)       his or her vote; or

(b)       the vote of all members present, on a matter voted on at a meeting of the council or the committee, the person presiding is to cause the vote or votes, as the case may be, to be recorded in the minutes.

(5)        A person who fails to comply with subsection (2) or (3) commits an offence.

            [Section 5.21 amended by No. 49 of 2004 s. 43.]

 

10.5                      Minutes

In accordance with the Local Government Act 1995 Section 5.22 and 5.25, and Local Government (Administration) Regulations 1996.

 

The person presiding at a meeting is to ensure that the Minutes are kept of the meetings proceedings.

 

The minutes are to be submitted to the next Committee meeting for confirmation and are to be signed by the Chairperson from the meeting at which the minutes are confirmed.  Once Minutes have been confirmed by members they are to be submitted to the Council Secretary for inclusion in the Information Bulletin. 

 

Recommendations arising from the Minutes shall be presented to Council at the next available Ordinary Meeting for endorsement and/or action, or if this is not possible, then the earliest available Council Meeting.  

 

10.6                      Who Acts if No Presiding Member

Local Government Act 1995

5.14.    Who acts if no presiding member

If, in relation to the presiding member of a committee — 

(a)       the office of presiding member and the office of deputy presiding member are vacant; or

(b)       the presiding member and the deputy presiding member, if any, are not available or are unable or unwilling to perform the functions of presiding member, then the committee members present at the meeting are to choose one of themselves to preside at the meeting.

 

10.7                      Meetings

closed to the public pursuant to Section 5.23(2) of the Local Government Act

Closed to Members of the Public - As this Committee has no delegated authority it is not required to be open to members of the public.

 

10.8                      Members Interests to be Disclosed

Members of the Broome Cemetery Advisory Committee are required to declare their financial interests and complete a Declaration form where relevant, using the principles detailed in  the Local Government Act Section 5.65-5.70 with respect to disclosure of financial, impartiality or proximity interests (‘CEO’ in the LGA text means the ‘Chairperson’ in the committee sense).

 

5.65.    Members’ interests in matters to be discussed at meetings to be disclosed

(1)        A member who has an interest in any matter to be discussed at a council or committee meeting that will be attended by the member must disclose the nature of the interest — 

(a)       in a written notice given to the CEO before the meeting; or

(b)       at the meeting immediately before the matter is discussed.

Penalty: $10 000 or imprisonment for 2 years.

(2)        It is a defence to a prosecution under this section if the member proves that he or she did not know — 

(a)       that he or she had an interest in the matter; or

(b)       that the matter in which he or she had an interest would be discussed at the meeting.

(3)        This section does not apply to a person who is a member of a committee referred to in section 5.9(2)(f).

 

5.9.        Types of committees

(1)          In this section — “other person” means a person who is not a council member or an employee.

(2)          A committee is to comprise — 

              (f)      other persons only.

 

5.66.    Meeting to be informed of disclosures

If a member has disclosed an interest in a written notice given to the CEO before a meeting then —

(a)       before the meeting the CEO is to cause the notice to be given to the person who is to preside at the meeting; and

(b)       at the meeting the person presiding is to bring the notice and its contents to the attention of the persons present immediately before the matters to which the disclosure relates are discussed.

               [Section 5.66 amended by No.1 of 1998 s.16; No. 64 of 1998 s.33.]

 

5.67.    Disclosing members not to participate in meetings

A member who makes a disclosure under section 5.65 must not — 

(a)       preside at the part of the meeting relating to the matter; or

(b)       participate in, or be present during, any discussion or decision making procedure relating to the matter, unless, and to the extent that, the disclosing member is allowed to do so under section 5.68 or 5.69.

Penalty: $10 000 or imprisonment for 2 years.

 

5.68.    Councils and committees may allow members disclosing interests to participate etc. in meetings

(1)        If a member has disclosed, under section 5.65, an interest in a matter, the members present at the meeting who are entitled to vote on the matter — 

(a)       may allow the disclosing member to be present during any discussion or decision making procedure relating to the matter; and

(b)       may allow, to the extent decided by those members, the disclosing member to preside at the meeting (if otherwise qualified to preside) or to participate in discussions and the decision making procedures relating to the matter if — 

(i)      the disclosing member also discloses the extent of the interest; and

(ii)     those members decide that the interest — 

(I)      is so trivial or insignificant as to be unlikely to influence the disclosing member’s conduct in relation to the matter; or

(II)     is common to a significant number of electors or ratepayers.

(2)        A decision under this section is to be recorded in the minutes of the meeting relating to the matter together with the extent of any participation allowed by the council or committee.

(3)        This section does not prevent the disclosing member from discussing, or participating in the decision making process on, the question of whether an application should be made to the Minister under section 5.69.

 

5.69.    Minister may allow members disclosing interests to participate etc. in meetings

(1)        If a member has disclosed, under section 5.65, an interest in a matter, the council or the CEO may apply to the Minister to allow the disclosing member to participate in the part of the meeting, and any subsequent meeting, relating to the matter.

(2)        An application made under subsection (1) is to include — 

(a)       details of the nature of the interest disclosed and the extent of the interest; and

(b)       any other information required by the Minister for the purposes of the application.

(3)        On an application under this section the Minister may allow, on any condition determined by the Minister, the disclosing member to preside at the meeting, and at any subsequent meeting, (if otherwise qualified to preside) or to participate in discussions or the decision making procedures relating to the matter if — 

(a)       there would not otherwise be a sufficient number of members to deal with the matter; or

(b)       the Minister is of the opinion that it is in the interests of the electors or ratepayers to do so.

(4)        A person must not contravene a condition imposed by the Minister under this section.

Penalty: $10 000 or imprisonment for 2 years.

[Section 5.69 amended by No. 49 of 2004 s. 53.]

 

5.69A. Minister may exempt committee members from disclosure requirements

(1)        A council or a CEO may apply to the Minister to exempt the members of a committee from some or all of the provisions of this Subdivision relating to the disclosure of interests by committee members.

(2)        An application under subsection (1) is to include —

(a)       the name of the committee, details of the function of the committee and the reasons why the exemption is sought; and

(b)       any other information required by the Minister for the purposes of the application.

(3)        On an application under this section the Minister may grant the exemption, on any conditions determined by the Minister, if the Minister is of the opinion that it is in the interests of the electors or ratepayers to do so.

(4)        A person must not contravene a condition imposed by the Minister under this section.

Penalty: $10 000 or imprisonment for 2 years.

[Section 5.69A inserted by No. 64 of 1998 s. 34(1).]

 

5.70.    Employees to disclose interests relating to advice or reports

(1)        In this section — 

employee includes a person who, under a contract for services with the local government, provides advice or a report on a matter.

(2)        An employee who has an interest in any matter in respect of which the employee is providing advice or a report directly to the council or a committee must disclose the nature of the interest when giving the advice or report.

(3)        An employee who discloses an interest under this section must, if required to do so by the council or committee, as the case may be, disclose the extent of the interest.

Penalty: $10 000 or imprisonment for 2 years.

 

5.71.    Employees to disclose interests relating to delegated functions

If, under Division 4, an employee has been delegated a power or duty relating to a matter and the employee has an interest in the matter, the employee must not exercise the power or discharge the duty and — 

(a)       in the case of the CEO, must disclose to the mayor or president the nature of the interest as soon as practicable after becoming aware that he or she has the interest in the matter; and

(b)       in the case of any other employee, must disclose to the CEO the nature of the interest as soon as practicable after becoming aware that he or she has the interest in the matter.

Penalty: $10 000 or imprisonment for 2 years.


 


Bush Fire Advisory Committee

 

1x Councillor (and Deputy)

 

-

Cr ___________

Cr ___________  (Deputy)

 

Community Delegates

 

 

 

 

 

 

 

 

 

Agency Delegates   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Chairperson/Deputy

 

 

 

Ex-Officio Members

 

 

 

 

 

 

 

 

 

 

 

-

1 x Community Representative – Town of Broome

1 x Community Representative - Coconut Well – Mr Ed Carroll

1 x Community Representative - Twelve Mile

1 x Community Representative – Bidyadanga

1 x Community Representatives – Dampier Peninsula

1 x Community Representatives – Ardyaloon

1 x Community Representatives – Beagle Bay

1 x Community Representatives -  Lombadina

1 x Community Representatives – Djarindjin

 

1 x Chief Bush Fire Control Officer  - Steve Longo

 

1 x Department of Fire and Emergency Services (DFES) - Kim Maldon

 

1 x Department of Parks & Wildlife (DP&W) - Alan Byrne

 

1 x Main Roads WA (MRWA)- Lana Powell

 

1 x Western Australian Police (WAPOL) - S/SGT Brendon Barwick

 

1 x Broome Regional Volunteer Bushfire Brigade - Craig Burgess

 

1 x Broome Volunteer Fire & Rescue Service - Phil Leach

 

1 x Kimberley Land Council (KLC) - Sarah Pariman

 

1 x Nyamba Buru Yawuru - Alison Hiscocks

 

____________             (Chairperson);

  ____________           (Deputy Chair)

 

 

The Committee may invite additional ex-officio members as necessary.

 

 

Officer Responsible

 

-

 

Director Development Services

 

Meeting Schedule

-

Bi Annually before and after season in April and in December) or as required

 

Meeting Location

 

-

Function or Committee Room, Shire of Broome

Quorum

-

Five (5)

Delegated Authority

-

Nil

 

FUNCTIONS:

 

1.         NAME

The name of the Committee is the Shire of Broome Bush Fire Advisory Committee.

 

2.         DISTRICT/AREA OF CONTROL

The district shall have the application as deemed in the Local Government Act 1995, district means an area of the State that is declared to be a district under section 2.1 of the Local Government Act 1995,  this being the whole of the Shire of Broome.

 

3.         VISION / PURPOSE

To advise the Shire of Broome in regards to;

1.   Matters relating to previously controlled and existing of bush fires.

2.   The planning layout of Fire Breaks in the district.

3.   Prosecutions for breaches of the BFAC.

4.   Formation of Brigades.

5.   Co-ordination and Co-operations between Brigades and Agents.

 

4.         STATUTE

Bush Fires Act 1954

 

Section 67 – Advisory committees

 

1.                A Local Government may at any time appoint such persons as it thinks fit as a Bush Fire Advisory Committee for the purpose of advising the Local Government regarding all matters relating to the prevention, controlling and extinguishing of bush fires, the planning of the layout of firebreaks in the district, prosecutions for breaches of this Act, the formation of bush fire brigades and the grouping thereof under group brigade officers, the ensuring of co-operation and co-ordination of bush fire brigades in their efforts and activities, and any other matter relating to bush fire control whether of the same kind, as, or a different kind from, those specified in this subsection.

2.                A committee appointed under this section shall include a member of the Council of the Local Government nominated by it for that purpose as a member of the committee, and the committee shall elect one of their number to be Chairman thereof.

3.                In respect to a committee so appointed, the Local Government shall fix the quorum for the transaction of business at meetings of the committee and may:-

a.         make rules for the guidance of the committee;

b.         accept the resignation in writing of, or remove, any member of the committee, appoint a person to fill that vacancy.

c.         where for any reason a vacancy occurs in the office of a member of the committee, appoint a person to fill that vacancy.

4.                A committee appointed under this section:-

a.         may from time to time meet and adjourn as the committee thinks fit;

b.         shall not transact business at a meeting unless the quorum fixed by the Local Government is present;

c.         is answerable to the Local Government and shall, as and when required by the Local Government, report fully on its activities.

 

38.       Local government may appoint bush fire control officer

(1)        A local government may from time to time appoint such persons as it thinks necessary to be its bush fire control officers under and for the purposes of this Act, and of those officers shall subject to section 38A(2) appoint 2 as the Chief Bush Fire Control Officer and the Deputy Chief Bush Fire Control Officer who shall be first and second in seniority of those officers, and subject thereto may determine the respective seniority of the other bush fire control officers appointed by it.

(2)        (a)       The local government shall cause notice of an appointment made under the provisions of subsection (1) to be published at least once in a newspaper circulating in its district.

(b)       deleted]

(c)       The local government shall fill any vacancy occurring in the office of Chief Bush Fire Control Officer or Deputy Chief Bush Fire Control Officer within one month after the vacancy occurs and if the local government fails or neglects to do so within that time, the Authority may by notice in writing require the local government to appoint a person to the vacant office within one month after service on it of such notice.

(d)       Where a local government that has been served with a notice pursuant to paragraph (c) fails or neglects to comply with the requirements of that notice, the Authority may appoint a person to the vacant office.

(e)       A bush fire control officer appointed under the provisions of this section shall be issued with a certificate of appointment by the local government or, if he is appointed by the Authority, by the Authority.

(3)        The local government may, in respect to bush fire control officers appointed under the provisions of this section, exercise so far as they can be made applicable the same powers as it may exercise in respect to its other officers, under the provisions of the Acts under which those other officers are appointed.

(4)        A bush fire control officer appointed under the provisions of this section shall, subject to such directions as may be given by the local government, and subject to this Act take such measures as appear to him to be necessary or expedient and practicable for — 

(a)       carrying out normal brigade activities;

(b)       and

(c)       deleted]

(d)       exercising an authority or carrying out a duty conferred or imposed upon him by any of the provisions of Part III;

(e)       procuring the due observance by all persons of the provision of Part III.

(5)        (a)       A local government may issue directions to a bush fire control officer appointed by the local government, or to an officer of a bush fire brigade registered by the local government to burn, subject to the provisions of this Act, bush on, or at the margins of, streets, roads, and ways, under the care, control and management of the local government.

(b)       The bush fire control officer, or officer of the bush fire brigade, may by authority of any directions so issued carry out the directions but subject to the provisions of this Act.

(c)       The provisions of this subsection are not in derogation of those of subsection (4).

(6)        (a)       In this section — 

               approved local government means a local government approved under paragraph (b) by the Authority.

(b)       If it appears to the Authority that the standard of efficiency of a local government in fire prevention and control justifies the Authority doing so, the Authority, by notice published in the Government Gazette — 

(i)      may approve the local government as one to which this subsection applies; and

(ii)     may from time to time cancel or vary any previous approval given under this paragraph.

 

Shire of Broome Standing Orders Local Law 2003

 

In accordance with Council’s Standing Orders Local Law 2003, formal Committees of Council are to be compliant with the provisions of the Standing Orders Local Law as far as this does not conflict with any other written Law.

 

While recognising that the Bush Fire Advisory Committee is a Committee formed pursuant to section 67 of the Bushfire Act 1954, the Chairman is to follow Standing Orders as far as is practicable to ensure proper meeting procedures are followed.

 

The Committee is proposed to be administered by utilising the Local Government Act 1995 as a guiding reference.

 

5.         ESTABLISHMENT

Last reviewed  21 November 2013.

 

6.         OBJECTIVES

 

The Bush Fire Advisory Committee will be responsible for the reporting to and making recommendations to Local Government on:

 

·       The financial affairs of the Brigade/s.

·       The general management of the affairs of the Brigade/s.

·       The planning, setting of standards and works programs for fire prevention within the Local Government area of responsibility.

·       Activities of Bush Fire Brigade/s.

·       Subject to any direction of the Advisory Committee as a whole:

a)        Ensuring that the equipment in the possession or control of the Brigade/s in the Local Government area is inspected on a regular basis.

b)        Making representation and recommendations to Local Government in relation to the fire fighting equipment that should be reviewed in accordance with the Risk to Resource documentation as submitted to FESA.

c)        Taking steps to ensure the appropriate distribution of fire equipment amongst brigade/s in the Local Government Area of Responsibility.

d)        Co-ordinating training within the Brigade/s in the Shire to ensure they work together efficiently.

e)        Overseeing the preparation and maintenance of an Incident Response Plan for the bushfire district and ensuring that a communication plan is developed and functions across the Local Government area.

f)          Selecting members of the Committee to represent the Local Government area on a regional basis.

g)        Carrying out other functions assigned to the committee by the Local Government.

7.         MEMBERSHIP

7.1    General

Council will appoint one elected member to the Committee.

 

Observers and ex officio members cannot vote on any matter and shall not be permitted to speak on any matter unless invited to do so by the Chairperson.  Observers are to sit back from the meeting table.

 

7.2    Tenure of Membership

Local Government Act 1995

 

5.11. Tenure of committee membership

(1)  Where a person is appointed as a member of a committee under section 5.10(4) or (5), the person’s membership of the committee continues until —

(a) the person no longer holds the office by virtue of which the person became a member, or is no longer the CEO, or the CEO’s representative, as the case may be;

(b) the person resigns from membership of the committee;

(c) the committee is disbanded; or

(d) the next ordinary elections day,

whichever happens first.

(2)  Where a person is appointed as a member of a committee other than under section 5.10(4) or (5), the person’s membership of the committee continues until —

(a) the term of the person’s appointment as a committee member expires;

(b) the local government removes the person from the office of committee member or the office of committee member otherwise becomes vacant;

(c) the committee is disbanded; or

(d) the next ordinary elections day,

whichever happens first.

 

8.         DELEGATED AUTHORITY

The Committee does not have executive powers or authority to implement actions in areas over which the CEO has legislative responsibility and does not have any delegated financial responsibility.  The Committee does not have any management functions and cannot involve itself in management processes or procedures.

 

The Committee is to report to Council and provide appropriate advice and recommendations on matters relevant to its terms of reference in order to facilitate informed decision-making by Council in relation to the legislative functions and duties of the local government that have not been delegated to the CEO.

 

9.         COMMITTEE

 

9.1       Chairperson

The Chairperson is ____________ and Deputy Chairperson is _______________.

 

9.2       Secretariat

Executive Support Officer, Development Services will fulfil this administrative non voting role.

 

9.3       Standing Ex-Officio Members

The Committee may invite ex-officio members as necessary.

 

 

10.       MEETINGS

 

10.1      Annual General Meeting

Nil

 

10.2      Committee Meetings

The Committee shall meet bi-annually before and after the fire season (1 April to 31 December) with no meetings being held during the “Wet Season” (1 January to 31 March).

 

Extra meetings of the Committee may be convened:

 

a)         By the Chairperson.

b)         By written notice to all Committee members, such notice being signed by at least four members of the Committee, giving not less than seven (7) days notice and stating purpose of the meeting.

c)         By the Council

 

 

10.3     Quorum

Quorum is five (5) persons.

 

10.4     Voting

Local Government Act 1995

S 5.21 - Voting

(1)  Each council member and each member of a committee who is present at a meeting of the council or committee is entitled to one vote.

(2)  Subject to section 5.67, each council member and each member of a committee to which a local government power or duty has been delegated who is present at a meeting of the council or committee is to vote.

(3)  If the votes of members present at a council or a committee meeting are equally divided, the person presiding is to cast a second vote.

(4)  If a member of a council or a committee specifically requests that there be recorded —

(a)    his or her vote; or

(b)    the vote of all members present, on a matter voted on at a meeting of the council or the committee, the person presiding is to cause the vote or votes, as the case may be, to be recorded in the minutes.

(5)  A person who fails to comply with subsection (2) or (3) commits an offence.

      [Section 5.21 amended by No. 49 of 2004 s. 43.]

 

10.5     Reports to the Bush Fire Advisory Committee

Each Fire Brigade Captain on the Committee shall submit a report of the Brigade’s Training activities, vehicle and equipment status, and general business, to each meeting of the Bush Fire Advisory Committee.

 

The Officer responsible shall report on all matters relevant to the Committee.

 

10.6     Sub-Committees

The Local Government Bush Fire Advisory Committee may form sub-committees, to provide advice and recommendations on specific areas of the Committee’s responsibilities.  The Advisory Committee shall determine membership and terms of reference of such sub-committees.

 

10.7     Minutes

In accordance with the Local Government Act Section 5.22 and 5.25, and Local Government (Administration) Regulations 1996.

 

The person presiding at a meeting is to ensure that the Minutes are kept of the meetings proceedings.

 

The Minutes are to be submitted to the next Committee meeting for confirmation and are to be signed by the person presiding at the meeting at which the Minutes are confirmed.

 

Once Minutes have been confirmed by members they are to be submitted for inclusion in the Information Bulletin. 

 

Recommendations arising from the Minutes requiring a Council decision shall be presented to Council at the next Ordinary Council Meeting or earliest available Council meeting if it is not possible to present the Minutes to the next Ordinary Council Meeting.

 

10.8     Who Acts if No Presiding Member

The appointed Deputy Chairperson is _________________ and in the event that the Deputy Chairperson in unavailable, then in accordance with the Local Government Act 1995 Section 5.14.

 

            5.14.      Who acts if no presiding member

                                    If, in relation to the presiding member of a committee — 

(a)       the office of presiding member and the office of deputy presiding member are vacant; or

(b)       the presiding member and the deputy presiding member, if any, are not available or are unable or unwilling to perform the functions of presiding member,

then the committee members present at the meeting are to choose one of themselves to preside at the meeting.

 

10.9     Members Interests to be Disclosed

Members of the Bush Fire Advisory Committee are required to declare their financial interests and complete a Declaration form where relevant, using the principles detailed in  the Local Government Act Section 5.65-5.70 with respect to disclosure of financial, impartiality or proximity interests (‘CEO’ in the LGA text means the ‘Chairperson’ in the committee sense).

 

5.65.    Members’ interests in matters to be discussed at meetings to be disclosed

(1)        A member who has an interest in any matter to be discussed at a council or committee meeting that will be attended by the member must disclose the nature of the interest — 

(a)       in a written notice given to the CEO before the meeting; or

(b)       at the meeting immediately before the matter is discussed.

Penalty: $10 000 or imprisonment for 2 years.

(2)        It is a defence to a prosecution under this section if the member proves that he or she did not know — 

(a)       that he or she had an interest in the matter; or

(b)       that the matter in which he or she had an interest would be discussed at the meeting.

(3)        This section does not apply to a person who is a member of a committee referred to in section 5.9(2)(f).

5.9.      Types of committees

(1)     In this section — “other person” means a person who is not a council member or an employee.

(2)     A committee is to comprise — 

         (f)      other persons only.

 

5.66.    Meeting to be informed of disclosures

If a member has disclosed an interest in a written notice given to the CEO before a meeting then —

(a)       before the meeting the CEO is to cause the notice to be given to the person who is to preside at the meeting; and

(b)       at the meeting the person presiding is to bring the notice and its contents to the attention of the persons present immediately before the matters to which the disclosure relates are discussed.

               [Section 5.66 amended by No.1 of 1998 s.16; No. 64 of 1998 s.33.]

 

5.67.    Disclosing members not to participate in meetings

A member who makes a disclosure under section 5.65 must not — 

(a)       preside at the part of the meeting relating to the matter; or

(b)       participate in, or be present during, any discussion or decision making procedure relating to the matter, unless, and to the extent that, the disclosing member is allowed to do so under section 5.68 or 5.69.

Penalty: $10 000 or imprisonment for 2 years.

 

5.68.    Councils and committees may allow members disclosing interests to participate etc. in meetings

(1)        If a member has disclosed, under section 5.65, an interest in a matter, the members present at the meeting who are entitled to vote on the matter — 

(a)       may allow the disclosing member to be present during any discussion or decision making procedure relating to the matter; and

(b)       may allow, to the extent decided by those members, the disclosing member to preside at the meeting (if otherwise qualified to preside) or to participate in discussions and the decision making procedures relating to the matter if — 

(i)      the disclosing member also discloses the extent of the interest; and

(ii)     those members decide that the interest — 

(I)      is so trivial or insignificant as to be unlikely to influence the disclosing member’s conduct in relation to the matter; or

(II)     is common to a significant number of electors or ratepayers.

(2)        A decision under this section is to be recorded in the minutes of the meeting relating to the matter together with the extent of any participation allowed by the council or committee.

(3)        This section does not prevent the disclosing member from discussing, or participating in the decision making process on, the question of whether an application should be made to the Minister under section 5.69.

 

5.69.    Minister may allow members disclosing interests to participate etc. in meetings

(1)        If a member has disclosed, under section 5.65, an interest in a matter, the council or the CEO may apply to the Minister to allow the disclosing member to participate in the part of the meeting, and any subsequent meeting, relating to the matter.

(2)        An application made under subsection (1) is to include — 

(a)       details of the nature of the interest disclosed and the extent of the interest; and

(b)       any other information required by the Minister for the purposes of the application.

(3)        On an application under this section the Minister may allow, on any condition determined by the Minister, the disclosing member to preside at the meeting, and at any subsequent meeting, (if otherwise qualified to preside) or to participate in discussions or the decision making procedures relating to the matter if — 

(a)       there would not otherwise be a sufficient number of members to deal with the matter; or

(b)       the Minister is of the opinion that it is in the interests of the electors or ratepayers to do so.

(4)        A person must not contravene a condition imposed by the Minister under this section.

Penalty: $10 000 or imprisonment for 2 years.

[Section 5.69 amended by No. 49 of 2004 s. 53.]

 

5.69A. Minister may exempt committee members from disclosure requirements

(1)        A council or a CEO may apply to the Minister to exempt the members of a committee from some or all of the provisions of this Subdivision relating to the disclosure of interests by committee members.

(2)        An application under subsection (1) is to include —

(a)       the name of the committee, details of the function of the committee and the reasons why the exemption is sought; and

(b)       any other information required by the Minister for the purposes of the application.

(3)        On an application under this section the Minister may grant the exemption, on any conditions determined by the Minister, if the Minister is of the opinion that it is in the interests of the electors or ratepayers to do so.

(4)        A person must not contravene a condition imposed by the Minister under this section.

Penalty: $10 000 or imprisonment for 2 years.

[Section 5.69A inserted by No. 64 of 1998 s. 34(1).]

 

5.70.    Employees to disclose interests relating to advice or reports

(1)        In this section — 

employee includes a person who, under a contract for services with the local government, provides advice or a report on a matter.

(2)        An employee who has an interest in any matter in respect of which the employee is providing advice or a report directly to the council or a committee must disclose the nature of the interest when giving the advice or report.

(3)        An employee who discloses an interest under this section must, if required to do so by the council or committee, as the case may be, disclose the extent of the interest.

Penalty: $10 000 or imprisonment for 2 years.

 

5.71.    Employees to disclose interests relating to delegated functions

If, under Division 4, an employee has been delegated a power or duty relating to a matter and the employee has an interest in the matter, the employee must not exercise the power or discharge the duty and — 

(a)       in the case of the CEO, must disclose to the mayor or president the nature of the interest as soon as practicable after becoming aware that he or she has the interest in the matter; and

(b)       in the case of any other employee, must disclose to the CEO the nature of the interest as soon as practicable after becoming aware that he or she has the interest in the matter.

Penalty: $10 000 or imprisonment for 2 years.

 

 

 


 


Economic Development Advisory Committee

 

 

2 x Councillors

(and deputies)

 

Cr __________

Cr __________   (Deputy)

Cr __________  

Cr __________   (Deputy)

 

Community Delegates         -

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Chairperson/Deputy           - Chairperson

 

 

 

 

 

 

 

 

 

 

Business Associations

Broome Chamber of Commerce - Rhonda Chappell  Tourism Industry - James Brown, Gail Gower (Deputy)

1 x representative Resource Sector

 

Industry Representatives

1 x representative Tourism Industry

1 x representative Resource Sector

1x representative Pastoral/Agriculture Industry

Aquaculture Industry - Darren Banfield

Building/Construction Industry - Greg Fiorenza

Land Development Industry - Dean Newton

1 x representative Transport Industry

 

Major Infrastructure

Broome Port Authority - Kevin Schellack

Broome International Airport - Paul McSweeny

 

Educational Institution

Kimberley Training Institute - Karen Dickinson, Julie Kean (Deputy)

 

Government Agencies

Landcorp representative - Paul Ferrante

Kimberley Development Commission - Jeff Gooding

Dept of Agriculture representative - Chris Ham

Dept of Water representative - Rob Cossart

 

To be elected from amongst members in  accordance with Section 5.12 of LG Act 1995.

 

Officer Responsible

-

Chief Executive Officer

Meeting Schedule

-

Quarterly or more frequently as required.

 

Meeting Location

-

Function or Committee Room, Shire of Broome

 

Quorum

-

Seven (7) members including one Councillor

 

Delegated Authority

-

Nil

 

 

FUNCTIONS:

 

11.0      NAME

 

The name of the Group is the Economic Development Advisory Committee.

 

12.0      DISTRICT/AREA OF CONTROL

 

Local Government boundaries of the Shire of Broome.

 

13.0      VISION / PURPOSE

 

The Economic Advisory Committees purpose is to provide advice to the Shire of Broome on Economic Development matters including but not limited to:

 

1.  Provide advice and guidance to the Shire and other partners in positioning local businesses and industry to capitalise on global and emerging industry trends that facilitate new markets and investment.

2.  Assist in the formulation of stakeholders, strategic partnerships and communication to facilitate new and developing industry initiatives across sectors to ensure ongoing and sustained economic growth.

3.  Provide guidance and advice on the role the Council should play to address industry specific feedback (including perceived impediments) on State, Local and Federal regulatory processes and funding programs  to create better investment conditions and refinements for economic growth and employment generation in the short, medium and long term.

4.  Provide advice to the Shire of Broome to facilitate identified  industry and strategic initiatives across industry sectors and relevant organisations

5.  Provide industry feedback and input as appropriate into strategic and high-level economic development documents/plans including future growth plans for Broome, including but not limited to, the Kimberley Regional Investment Blueprint and Kimberley Planning and Infrastructure Framework.

6.  Provide advice to Council on policies relating to Economic Development as required.

 

 

14.0      ESTABLISHMENT

 

Established by Shire of Broome in accordance with Council resolution on 30 April 2015.

 

15.0      MEMBERSHIP

 

5.1      General

 

Council will appoint members to the Committee in accordance with the terms of reference.

 

Staff will be invited to participate in the Economic Development Advisory Committee by the Chief Executive Officer as required.

 

Council will appoint two elected members as Delegates and two elected members as Deputies to the Committee.

 

5.2      Tenure of Membership

Where a person is appointed as a member of the Economic Development Advisory Committee the person’s membership of the Committee continues until —

 

·     The person no longer holds office by virtue of which the person became a member.

·     The person resigns from membership of the Committee.

·     The Committee is disbanded.

·     The Council removes the person from the Committee by resolution of Council.

·     For elected member Delegates, the next ordinary elections day

 

16.0      DELEGATED AUTHORITY

 

The Committee has no delegated authority.  All recommendations from the Committee will need to be presented to Council for consideration. 

 

17.0      COMMITTEE

 

7.1       Chairperson and Deputy Chairperson

The role of Chairperson and Deputy Chairperson are to be vacated following biannual Council elections in October and re-elected from the Committee membership.

 

7.2       Secretariat

This role is to be fulfilled by Shire Officers.

 

7.3       Standing Ex-Officio Members

Chief Executive Officer and/or his delegate

 

 

18.0      MEETINGS

 

8.1      Committee Meetings

 

The Chairperson will call meetings every three months and as required.

Committee meetings will be advertised as per statutory requirements.

 

8.2      Quorum

Quorum shall be seven (7) members including one Councillor.

 

8.3      Voting

Voting shall be by consensus or by a show of hands as directed by the Chairperson.  If voting is enacted it will follow principles of S5.21 of the Local Government Act 1995. 

 

Local Government Act 1995

S 5.21 - Voting

(1)  Each council member and each member of a committee who is present at a meeting of the council or committee is entitled to one vote.

(2)  Subject to section 5.67, each council member and each member of a committee to which a local government power or duty has been delegated who is present at a meeting of the council or committee is to vote.

(3)  If the votes of members present at a council or a committee meeting are equally divided, the person presiding is to cast a second vote.

(4)  If a member of a council or a committee specifically requests that there be recorded —

(a)    his or her vote; or

(b)    the vote of all members present, on a matter voted on at a meeting of the council or the committee, the person presiding is to cause the vote or votes, as the case may be, to be recorded in the minutes.

 

8.4    Minutes of Meetings

The person presiding is to ensure that Minutes of the Meeting are kept of the meetings proceedings.

 

The Meeting Minutes may be confirmed by a majority of members present at the meeting in writing via email, after the completion of the meeting.  Once Meeting Minutes have been confirmed by members they are to be submitted to the Council Secretary be posted on the Shire’s website.

 

Recommendations requiring Council action arising from the Meeting Minutes shall be presented to Council at the next Ordinary Council Meeting or earliest available Council meeting if it is not possible to present the Minutes to the next Ordinary Council Meeting.

 

8.5      Who Acts if No Presiding Member

If, in relation to the presiding member of the Committee:

(a)       the office of presiding member and the office of deputy presiding member are vacant; or

(b)       the presiding member and the deputy presiding member, if any, are not available or are unable or unwilling to perform the functions of presiding member, then the Committee members present at the meeting are to choose one of themselves to preside at the meeting.

 

8.6    Members Interests to be Disclosed

Members of the Economic Development Advisory Committee are required to declare their financial interests and complete a Declaration form where relevant, using the principles detailed in  the Local Government Act Section 5.65-5.70 with respect to disclosure of financial, impartiality or proximity interests (‘CEO’ in the LGA text means the ‘Chairperson’ in the committee sense).

 

5.65.    Members’ interests in matters to be discussed at meetings to be disclosed

(1)        A member who has an interest in any matter to be discussed at a council or committee meeting that will be attended by the member must disclose the nature of the interest — 

(a)       in a written notice given to the CEO before the meeting; or

(b)       at the meeting immediately before the matter is discussed.

Penalty: $10 000 or imprisonment for 2 years.

(2)        It is a defence to a prosecution under this section if the member proves that he or she did not know — 

(a)       that he or she had an interest in the matter; or

(b)       that the matter in which he or she had an interest would be discussed at the meeting.

(3)        This section does not apply to a person who is a member of a committee referred to in section 5.9(2)(f).

5.9.   Types of committees

(1)     In this section — other person” means a person who is not a council member or an employee.

(2)     A committee is to comprise — 

         (f)      other persons only.

 

5.66.    Meeting to be informed of disclosures

If a member has disclosed an interest in a written notice given to the CEO before a meeting then —

(a)       before the meeting the CEO is to cause the notice to be given to the person who is to preside at the meeting; and

(b)       at the meeting the person presiding is to bring the notice and its contents to the attention of the persons present immediately before the matters to which the disclosure relates are discussed.

               [Section 5.66 amended by No.1 of 1998 s.16; No. 64 of 1998 s.33.]

 

5.67.    Disclosing members not to participate in meetings

A member who makes a disclosure under section 5.65 must not — 

(a)       preside at the part of the meeting relating to the matter; or

(b)       participate in, or be present during, any discussion or decision making procedure relating to the matter, unless, and to the extent that, the disclosing member is allowed to do so under section 5.68 or 5.69.

Penalty: $10 000 or imprisonment for 2 years.

 

5.68.    Councils and committees may allow members disclosing interests to participate etc. in meetings

(1)        If a member has disclosed, under section 5.65, an interest in a matter, the members present at the meeting who are entitled to vote on the matter — 

(a)       may allow the disclosing member to be present during any discussion or decision making procedure relating to the matter; and

(b)       may allow, to the extent decided by those members, the disclosing member to preside at the meeting (if otherwise qualified to preside) or to participate in discussions and the decision making procedures relating to the matter if — 

(i)      the disclosing member also discloses the extent of the interest; and

(ii)     those members decide that the interest — 

(I)      is so trivial or insignificant as to be unlikely to influence the disclosing member’s conduct in relation to the matter; or

(II)     is common to a significant number of electors or ratepayers.

(2)        A decision under this section is to be recorded in the minutes of the meeting relating to the matter together with the extent of any participation allowed by the council or committee.

(3)        This section does not prevent the disclosing member from discussing, or participating in the decision making process on, the question of whether an application should be made to the Minister under section 5.69.

 

5.70.    Employees to disclose interests relating to advice or reports

(1)        In this section — 

employee includes a person who, under a contract for services with the local government, provides advice or a report on a matter.

(2)        An employee who has an interest in any matter in respect of which the employee is providing advice or a report directly to the council or a committee must disclose the nature of the interest when giving the advice or report.

(3)        An employee who discloses an interest under this section must, if required to do so by the council or committee, as the case may be, disclose the extent of the interest.

Penalty: $10 000 or imprisonment for 2 years.

 

5.71.    Employees to disclose interests relating to delegated functions

If, under Division 4, an employee has been delegated a power or duty relating to a matter and the employee has an interest in the matter, the employee must not exercise the power or discharge the duty and — 

(a)       in the case of the CEO, must disclose to the mayor or president the nature of the interest as soon as practicable after becoming aware that he or she has the interest in the matter; and

(b)       in the case of any other employee, must disclose to the CEO the nature of the interest as soon as practicable after becoming aware that he or she has the interest in the matter.

Penalty: $10 000 or imprisonment for 2 years.


 


Local Emergency Management Committee

 

Chairperson

 

Deputy Chairperson

-

Cr __________

 

S/SGT Brendon BARWICK, OIC Broome Police

 

Agency and Organisation Representatives

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Community Delegates

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1 x Department of Fire and Emergency Services (DFES) -

Kim Maldon

 

1 x Department of Fire and Emergency Services (SES) -

Glen Hall

 

1 x Department of Fire and Emergency Services - (BVFRS) - Phil Leach

 

1 x Department of Fire and Emergency Services - (BRVBFB) - Craig Burgess

 

1 x Department of Aboriginal Affairs - Barry Louvel

 

1 x Air Services Australia - Matt Morisey

 

2 x Department of Child Protection and Family Services (DCPFS) - Julie Davis and Megan Spence

 

1 x Department of Defence – Norforce - Major Matt Rose

 

1 x Department of Housing - Shayne Hills

 

1 x Department of Parks & Wildlife (DP&W) - Alan Byrne

 

1 x Department of Transport - Peter Westgate

 

1x Broome Police - Sgt Paul World

 

1 x Bidyadanga Police -Sgt Andrew Henshaw

 

1 x Dampier Peninsula Police - Sgt Todd Carrington

 

1 x Broome Volunteer Sea Rescue Group (BVSRG) - Lyle Smedley

 

1 x Bureau of Meteorology  - David Edwards

 

1 x Health Department  - Michelle Boothey

 

1 x Horizon Power - Scott Beckworth

 

1 x Indigenous Coordination Centre (ICC) - Andrew Boyle

 

1 x Kimberley Land Council (KLC) - Damon Pyke


1 x Nyamba Buru Yawuru - Alison Hiscocks

 

1 x Main Roads WA - Garry Bradshaw

 

1 x Water Corporation  - Bruce Zenich

 

1 x Australian Red Cross - Jock Rutherford

 

1 x Broome Regional Prison - Gary Fitzpatrick

 

1 x Broome Port Authority - Vikis Bangia

 

1 x Broome International Airport - Rod Evans

 

1 x St John Ambulance - Gary Davies


1 x Royal Flying Doctor Services – Vacant

 

1 x Telstra - Mark Holmes

 

1 x Community Representative – Town of Broome – Mr Ivan Davie

 

Advertising Expressions of interest required for the following positions:

 

1 x Community Representative - Coconut Well

1 x Community Representative - Twelve Mile

1 x Community Representative - Ardyaloon Community

1 x Community Representative - Beagle Bay Community

1 x Community Representative - Bidyadanga Community

1 x Community Representative - Djarindjin Community

1 x Community Representative - Lombadina Community

 

 

 

 

Officer Responsible

-

Director Development Services

Meeting Schedule

-

Quarterly or as required.

Meeting Location

-

Function or Committee Room, Shire of Broome or as scheduled from committee membership.

Quorum

-

Five (5)

Delegated Authority

-

Nil

 

 

FUNCTIONS:

 

1.0       NAME

The name of the Committee is the Shire of Broome Local Emergency Management Committee.

 

2.0       DISTRICT/AREA OF CONTROL

The Shire of Broome Local Emergency Management Committee operates within the boundaries of the local government of the Shire of Broome.

Emergency Management Act 2005

          Division 4 — Emergency management districts

28.      Establishment of emergency management districts

(2)       So far as is practicable emergency management districts are to be established by reference to the boundaries of local government districts.

(3)       If an emergency management district is proposed to be established other than by reference to the boundaries of a local government district, the Minister is to notify each local government in whose district any part of the area proposed to be established is situated and allow a reasonable time for submissions on the proposal.

(4)       In making an order under subsection (1) the Minister is to have regard to any submissions of the local governments.

 

3.0       VISION / PURPOSE

To assist the Shire of Broome and the Local Emergency Coordinator (Officer in Charge of Police sub-district) to develop and maintain effective emergency management arrangements for the local area.

 

4.0       STATUTE

Emergency Management Act 2005

36.      Functions of local government

It is a function of a local government —

(a)      subject to this Act, to ensure that effective local emergency management arrangements are prepared and maintained for its district;

(b)      to manage recovery following an emergency affecting the community in its district; and

(c)       to perform other functions given to the local government under this Act.

37.      Local emergency coordinators

(1)       The State Emergency Coordinator is to appoint a local emergency coordinator for each local government district.

(2)       Before appointing a local emergency coordinator for a local government district the State Emergency Coordinator is to consult the relevant local government.

(3)       In making an appointment the State Emergency Coordinator is to have regard to any submissions of the local government.

(4)       The local emergency coordinator for a local government district has the following functions —

(a)      to provide advice and support to the local emergency management committee for the district in the development and maintenance of emergency management arrangements for the district;

(b)      to assist hazard management agencies in the provision of a coordinated response during an emergency in the district;

(c)       to carry out other emergency management activities in accordance with the directions of the State Emergency Coordinator.

38.      Local emergency management committees

(1)       A local government is to establish one or more local emergency management committees for the local government’s district.

(2)       If more than one local emergency management committee is established, the local government is to specify the area in respect of which the committee is to exercise its functions.

(3)       A local emergency management committee consists of —

(a)      a chairman and other members appointed by the relevant local government in accordance with subsection (4); and

(b)      if the local emergency coordinator is not appointed as chairman of the committee, the local emergency coordinator for the local government district.

(4)       Subject to this section, the constitution and procedures of a local emergency management committee, and the terms and conditions of appointment of members, are to be determined by the SEMC.

39.      Functions of local emergency management committees

The functions of a local emergency management committee are, in relation to its district or the area for which it is established —

(a)      to advise and assist the local government in ensuring that local emergency management arrangements are established for its district;

(b)      to liaise with public authorities and other persons in the development, review and testing of local emergency management arrangements; and

(c)       to carry out other emergency management activities as directed by the SEMC or prescribed by the regulations.

40.      Annual report of local emergency management committee

(1)       After the end of each financial year each local emergency management committee is to prepare and submit to the district emergency management committee for the district an annual report on activities undertaken by it during the financial year.

(2)       The annual report is to be prepared within such reasonable time, and in the manner, as is directed in writing by the SEMC.

            Division 2 — Emergency management arrangements for local governments

41.      Emergency management arrangements in local government district

(1)       A local government is to ensure that arrangements (local emergency management arrangements) for emergency management in the local government’s district are prepared.

(2)       The local emergency management arrangements are to set out —

(a)      the local government’s policies for emergency management;

(b)      the roles and responsibilities of public authorities and other persons involved in emergency management in the local government district;

(c)       provisions about the coordination of emergency operations and activities relating to emergency management performed by the persons mentioned in paragraph (b);

(d)      a description of emergencies that are likely to occur in the local government district;

(e)       strategies and priorities for emergency management in the local government district;

(f)        other matters about emergency management in the local government district prescribed by the regulations; and

(g)      other matters about emergency management in the local government district the local government considers appropriate.

(3)       Local emergency management arrangements are to be consistent with the State emergency management policies and State emergency management plans.

(4)       Local emergency management arrangements are to include a recovery plan and the nomination of a local recovery coordinator.

(5)       A local government is to deliver a copy of its local emergency management arrangements, and any amendment to the arrangements, to the SEMC as soon as is practicable after they are prepared.

 

42.      Reviewing and renewing local emergency management arrangements

(1)       A local government is to ensure that its local emergency management arrangements are reviewed in accordance with the procedures established by the SEMC.

(2)       Local emergency management arrangements may be amended or replaced whenever the local government considers it appropriate.

 

43.      Local emergency management arrangements to be available for inspection

(1)       A local government is to keep a copy of its local emergency management arrangements at the offices of the local government.

(2)       The arrangements are to be available for inspection, free of charge, by members of the public during office hours.

(3)       The arrangements may be made available in written or electronic form.

 

          Division 3 — Powers of local government during cyclone

44.      Meaning of “cyclone area”

 

In this Division —

cyclone area means a cyclone area designated under section 16.

 

45.      Exercise of powers under this Division

The powers given to a local government by this Division can only be exercised on behalf of the local government by a person expressly authorised by it to exercise those powers.

 

46.      Power of local government to destroy dangerous vegetation or premises in cyclone area

If a local government is of the opinion that any vegetation or premises on land in a cyclone area in the district of the local government may, as a result of the cyclonic activity —

(a)      cause loss of life, prejudice to the safety, or harm to the health, of persons or animals; or

(b)      destroy or damage property or any part of the environment, the local government may remove or destroy the vegetation or remove, dismantle or destroy the premises.

 

47.      Local government may require owner or occupier of land to take action

(1)       If a local government is of the opinion that any vegetation or premises on land in a cyclone area in the district of the local government may, as a result of the cyclonic activity —

(a)      cause loss of life, prejudice to the safety, or harm to the health, of persons or animals; or

(b)      destroy or damage property or any part of the environment, the local government may give a person who is the owner or the occupier of the land a direction in writing requiring the person to take measures specified in the direction to prevent or minimise the loss, prejudice, harm, destruction or damage.

(2)       A person who is given a direction under subsection (1) is not prevented from complying with it because of the terms on which the land is held.

 

48.      Additional powers when direction given

(1)       This section applies when a direction is given under section 47.

(2)       If the person who is given the direction (the direction recipient) fails to comply with it, the local government may do anything that it considers necessary to achieve, so far as is practicable, the purpose for which the direction was given.

(3)       The local government may recover the cost of anything it does under subsection (2) as a debt due from the person who failed to comply with the notice.

(4)       If a direction recipient —

(a)   incurs expense in complying with the direction; or

(b)   fails to comply with such a direction and, as a consequence, is convicted and fined or has to pay to a local government the cost it incurs in doing anything under subsection (2), the direction recipient may apply to a court for an order under subsection (6).

(5)       In subsection (4) —

court means a court that would have jurisdiction to hear an action to recover a debt of the amount of the expense, fine or cost sought to be recovered by the direction recipient.

(6)       On an application under subsection (4) the court may order —

(a)   if the direction recipient is the owner, the occupier; or

(b)   if the direction recipient is the occupier, the owner,

to pay to the direction recipient so much of that expense, fine or cost as the court considers fair and reasonable in the circumstances.

(7)       In determining what is fair and reasonable the court is to have regard to —

(a)   the type of land involved;

(b)   the terms on which the occupier is occupying the land; and

(c)    any other matter the court considers to be relevant.

 

49.      Provisions are in addition to other powers

This Division is in addition to, and does not derogate from, the powers of a local government under the Local Government Act 1995 Part 3 Division 3.

 

The Emergency Management Procedures Manual published by the Department Fire and Emergency Services contains the following guidance:

 

LEMC Membership

7. Noting the requirements of the EM Act, the following provides guidance on the composition of LEMCs:

a) the Chair should be an elected member of Council;

b) the Local Emergency Coordinator should be appointed as Deputy Chair;

c) an Executive Officer, who should be an officer of the relevant local government, should be appointed to coordinate the business of the committee and/or provide administrative support;

d) the Local Recovery Coordinator, being the person nominated in the Local Recovery Plan, where a Local Recovery Plan has been completed as part of local emergency management arrangements (section 41(4) of the EM Act), should be appointed a member of the committee;

e) consideration should be given to appointing local government officers engaged in key roles and functions affecting emergency management (for example, community services, engineering services, corporate services or planning);

f) membership should include representatives from Emergency Management Agencies (EMAs) in the local government district (for example, the Department of Fire and Emergency Services); welfare support agencies or non-government organisations (for example, the Department for Child Protection and Family Support, Red Cross or Salvation Army), industry representatives (especially the owners or operators of hazardous facilities located within the local government district);

g) consideration should be given to appointment of persons able to represent or advise on the interests of Culturally and Linguistically Diverse (CaLD) community members or community members with special needs; and

h) LEMCs should where possible include representatives of local Aboriginal community organisations to provide advice and guidance to the LEMC and to promote appropriate engagement with the local Aboriginal communities.

Shire of Broome Standing Orders Local Law 2003

 

In accordance with Council’s Standing Orders Local Law 2003, formal Committees of Council are to be compliant with the provisions of the Standing Orders Local Law as far as this does not conflict with any other written Law.

 

While recognising that the Local Emergency Management Committee is a Committee formed pursuant to Section 38 of the Emergency Management Act 2005, the Chairman is to follow Standing Orders as far as is practicable to ensure proper meeting procedures are followed.

 

The Committee is proposed to be administered by utilising the Local Government Act 1995 as a guiding reference.

 

5.0       ESTABLISHMENT

 

Unknown

 

6.0       OBJECTIVES

 

·      Liaise with participating agencies in the development, review and testing of emergency management arrangements.

·      Assist with the preparation of emergency management operating procedures for application in the local area.

·      Prepare an annual report on Committee activities for submission to the District Emergency Management Committee.

·      Participate in the emergency risk management process.

·      Carry out other emergency management functions as directed by the District Emergency Management Committee.

 

 

7.0       MEMBERSHIP

 

7.1   General

Membership to include agencies with specific emergency management responsibilities or expertise essential to the development of emergency management arrangements, as mentioned previously.

 

7.2   Tenure of Membership

Local Government Act 1995

 5.11.  Tenure of committee membership

 (1)      Where a person is appointed as a member of a committee under section 5.10(4) or (5), the person’s membership of the committee continues until — 

(a)   the person no longer holds the office by virtue of which the person became a member, or is no longer the CEO, or the CEO’s representative, as the case may be;

(b)   the person resigns from membership of the committee;

(c)    the committee is disbanded; or

(d)   the next ordinary elections day, whichever happens first.

(2) Where a person is appointed as a member of a committee other than under section 5.10(4) or (5), the person’s membership of the committee continues until — 

(a)   the term of the person’s appointment as a committee member expires;

(b)   the local government removes the person from the office of committee member or the office of committee member otherwise becomes vacant;

(c)    the committee is disbanded; or

(d)   the next ordinary elections day, whichever happens first.

 

 

 

8.0       DELEGATED AUTHORITY

 

The Committee does not have executive powers or authority to implement actions in areas over which the CEO has legislative responsibility and does not have any delegated financial responsibility. The Committee does not have any management functions and cannot involve itself in management processes or procedures.

 

The Committee is to report to Council and provide appropriate advice and recommendations on matters relevant to its terms of reference in order to facilitate informed decision-making by Council in relation to the legislative functions and duties of the local government that have not been delegated to the CEO.

 

9.0       COMMITTEE

 

9.1   Chairperson & Deputy Chairperson

The Chairperson is ________________ and the Deputy Chairperson is S/SGT Brendon BARWICK .

 

9.2     Non Voting Representatives

The Executive Support Officer – Development Services will fulfil the Secretariat administrative role.  Officer responsible is the Director Development Services.

 

10.0     MEETINGS

 

10.1   Annual General Meeting

N/A

 

10.2   Committee Meetings

Held quarterly or as required (minimum 4 meetings per annum).  The Chairperson may at any time convene a special meeting of the Committee.

 

10.3   Quorum

Five (5)

 

10.4   Voting

Local Government Act 1995

S 5.21 - Voting

(1)    Each council member and each member of a committee who is present at a meeting of the council or committee is entitled to one vote.

(2)    Subject to section 5.67, each council member and each member of a committee to which a local government power or duty has been delegated who is present at a meeting of the council or committee is to vote.

(3)    If the votes of members present at a council or a committee meeting are equally divided, the person presiding is to cast a second vote.

(4)    If a member of a council or a committee specifically requests that there be recorded —

(a)   his or her vote; or

(b)   the vote of all members present, on a matter voted on at a meeting of the council or the committee, the person presiding is to cause the vote or votes, as the case may be, to be recorded in the minutes.

(5)    A person who fails to comply with subsection (2) or (3) commits an offence.

                   [Section 5.21 amended by No. 49 of 2004 s. 43.]

 

10.5   Minutes

In accordance with the Local Government Act Section 5.22 and 5.25, and Local Government (Administration) Regulations 1996.

 

The person presiding at a meeting is to ensure that the Minutes are kept of the meetings proceedings.

 

Once Minutes have been confirmed by members they are to be submitted for inclusion in the Information Bulletin. 

 

Recommendations arising from the Minutes requiring a Council decision shall be presented to Council at the next Ordinary Council Meeting or earliest available Council meeting if it is not possible to present the Minutes to the next Ordinary Council Meeting.

 

10.6   Who Acts if No Presiding Member

Local Government Act 1995

5.15.   Who acts if no presiding member

 

If, in relation to the presiding member of a committee — 

(a)   the office of presiding member and the office of deputy presiding member are vacant; or

(b)   the presiding member and the deputy presiding member, if any, are not available or are unable or unwilling to perform the functions of presiding member, then the committee members present at the meeting are to choose one of themselves to preside at the meeting.

 

10.7   Members Interests to be Disclosed

Members of the Local Emergency Management Committee are required to declare their financial interests and complete a Declaration form where relevant, using the principles detailed in the Local Government Act Section 5.65-5.70 with respect to disclosure of financial, impartiality or proximity interests (‘CEO’ in the LGA text means the ‘Chairperson’ in the committee sense).

 

5.65.   Members’ interests in matters to be discussed at meetings to be disclosed

(1)       A member who has an interest in any matter to be discussed at a council or committee meeting that will be attended by the member must disclose the nature of the interest — 

(a)      in a written notice given to the CEO before the meeting; or

(b)      at the meeting immediately before the matter is discussed.

Penalty: $10 000 or imprisonment for 2 years.

(2)       It is a defence to a prosecution under this section if the member proves that he or she did not know — 

(a)      that he or she had an interest in the matter; or

(b)      that the matter in which he or she had an interest would be discussed at the meeting.

(3)       This section does not apply to a person who is a member of a committee referred to in section 5.9(2)(f).

5.9.  Types of committees

(1)    In this section — “other person” means a person who is not a council member or an employee.

(2)    A committee is to comprise — 

         (f)     other persons only.

 

5.66.   Meeting to be informed of disclosures

If a member has disclosed an interest in a written notice given to the CEO before a meeting then —

(a)      before the meeting the CEO is to cause the notice to be given to the person who is to preside at the meeting; and

(b)      at the meeting the person presiding is to bring the notice and its contents to the attention of the persons present immediately before the matters to which the disclosure relates are discussed.

          [Section 5.66 amended by No.1 of 1998 s.16; No. 64 of 1998 s.33.]

 

5.67.   Disclosing members not to participate in meetings

A member who makes a disclosure under section 5.65 must not — 

(a)      preside at the part of the meeting relating to the matter; or

(b)      participate in, or be present during, any discussion or decision making procedure relating to the matter, unless, and to the extent that, the disclosing member is allowed to do so under section 5.68 or 5.69.

Penalty: $10 000 or imprisonment for 2 years.

 

5.68.   Councils and committees may allow members disclosing interests to participate etc. in meetings

(1)       If a member has disclosed, under section 5.65, an interest in a matter, the members present at the meeting who are entitled to vote on the matter — 

(a)      may allow the disclosing member to be present during any discussion or decision making procedure relating to the matter; and

(b)      may allow, to the extent decided by those members, the disclosing member to preside at the meeting (if otherwise qualified to preside) or to participate in discussions and the decision making procedures relating to the matter if — 

(i)     the disclosing member also discloses the extent of the interest; and

(ii)    those members decide that the interest — 

(I)     is so trivial or insignificant as to be unlikely to influence the disclosing member’s conduct in relation to the matter; or

(II)    is common to a significant number of electors or ratepayers.

(2)       A decision under this section is to be recorded in the minutes of the meeting relating to the matter together with the extent of any participation allowed by the council or committee.

(3)       This section does not prevent the disclosing member from discussing, or participating in the decision making process on, the question of whether an application should be made to the Minister under section 5.69.

 

5.69.   Minister may allow members disclosing interests to participate etc. in meetings

(1)       If a member has disclosed, under section 5.65, an interest in a matter, the council or the CEO may apply to the Minister to allow the disclosing member to participate in the part of the meeting, and any subsequent meeting, relating to the matter.

(2)       An application made under subsection (1) is to include — 

(a)      details of the nature of the interest disclosed and the extent of the interest; and

(b)      any other information required by the Minister for the purposes of the application.

(3)       On an application under this section the Minister may allow, on any condition determined by the Minister, the disclosing member to preside at the meeting, and at any subsequent meeting, (if otherwise qualified to preside) or to participate in discussions or the decision making procedures relating to the matter if — 

(a)      there would not otherwise be a sufficient number of members to deal with the matter; or

(b)      the Minister is of the opinion that it is in the interests of the electors or ratepayers to do so.

(4)       A person must not contravene a condition imposed by the Minister under this section.

Penalty: $10 000 or imprisonment for 2 years.

                   [Section 5.69 amended by No. 49 of 2004 s. 53.]

 

5.69A.  Minister may exempt committee members from disclosure requirements

(1)       A council or a CEO may apply to the Minister to exempt the members of a committee from some or all of the provisions of this Subdivision relating to the disclosure of interests by committee members.

(2)       An application under subsection (1) is to include —

(a)      the name of the committee, details of the function of the committee and the reasons why the exemption is sought; and

(b)      any other information required by the Minister for the purposes of the application.

(3)       On an application under this section the Minister may grant the exemption, on any conditions determined by the Minister, if the Minister is of the opinion that it is in the interests of the electors or ratepayers to do so.

(4)       A person must not contravene a condition imposed by the Minister under this section.

Penalty: $10 000 or imprisonment for 2 years.

          [Section 5.69A inserted by No. 64 of 1998 s. 34(1).]

 

5.70.   Employees to disclose interests relating to advice or reports

(1)       In this section — 

employee includes a person who, under a contract for services with the local government, provides advice or a report on a matter.

(2)       An employee who has an interest in any matter in respect of which the employee is providing advice or a report directly to the council or a committee must disclose the nature of the interest when giving the advice or report.

(3)       An employee who discloses an interest under this section must, if required to do so by the council or committee, as the case may be, disclose the extent of the interest.

Penalty: $10 000 or imprisonment for 2 years.

 

5.71.   Employees to disclose interests relating to delegated functions

If, under Division 4, an employee has been delegated a power or duty relating to a matter and the employee has an interest in the matter, the employee must not exercise the power or discharge the duty and — 

(a)      in the case of the CEO, must disclose to the mayor or president the nature of the interest as soon as practicable after becoming aware that he or she has the interest in the matter; and

(b)      in the case of any other employee, must disclose to the CEO the nature of the interest as soon as practicable after becoming aware that he or she has the interest in the matter.

Penalty: $10 000 or imprisonment for 2 years.

 

 

 

 


PART 2– COUNCIL WORKING GROUPS

 

Council has resolved to formally establish a number of Working Groups.

 

Working Groups are not intended to be constrained by procedural requirements of the Local Government Act 1995 and Regulations, however many best practice meeting procedures utilised under the Local Government Act 1995 can be practised for Working Group meetings (see S5.8-S5.25 LGA 1995).

 

The Chairperson, as voted from amongst the membership of the Working Group, should seek to preside so as to allow all members to participate.  Recommendations may be through consensus or at the discretion of the Chairperson by motion and subsequent resolution.  Simple majority voting can be utilised by applying Standing Orders conditions; all members of the Working Group present must vote and the Chairperson has a further casting vote should votes be tied.  It is good practise to vacate Chairperson and Deputy Chairperson positions following the biannual Council elections whereupon a potential new Councillor may replace the current Councillor representative.

 

It is acknowledged that Working Groups generally have members with speciality interests in fields relevant to the particular Working Group.  However, members with financial interests in agenda items must abstain from participation in discussions and voting on such items, and leave the room for that part of the meeting.  A Financial Interest Declaration form is required to be completed stating the nature of the interest and provided to the Chairperson prior to discussion of the item (forms attached to this document and available at http://brmapp01:8080/intranet/forms/council-meeting-forms).  It should be noted that the Chairperson may, in a particular instance, preside over a motion to have the Declarer remain in the meeting (see LGA S5.67 & 5.68).

 

Any recommendations emanating from Working Groups are to be endorsed by Council through an Officer report and subsequent recommendation.  A Working Group has no other power.

 

Some other points to note for the operation of Working Groups are that Notes of Meetings are taken rather than Minutes, which are submitted by the noted Officer responsible for inclusion in the monthly Information Bulletin.  Quorums are as stated in the particular Working Group detail, Deputies can be nominated for all members on Working Groups if required, and unless detailed otherwise, Standing Orders apply (http://192.168.1.2: 8080/intranet/ corporate-documents/local-laws). It should be noted that Deputy Delegates are not to attend meetings unless requested to do so when the Delegate is unable to attend a meeting.  Deputies will receive Notes of meetings.

 

Local Government Act 1995

5.67.    Disclosing members not to participate in meetings

A member who makes a disclosure under section 5.65 must not — 

(a)    preside at the part of the meeting relating to the matter; or

(b)    participate in, or be present during, any discussion or decision making procedure relating to the matter,

unless, and to the extent that, the disclosing member is allowed to do so under section 5.68 or 5.69.

Penalty: $10 000 or imprisonment for 2 years.

 

5.68.  Councils and committees may allow members disclosing interests to participate etc. in meetings

(1)        If a member has disclosed, under section 5.65, an interest in a matter, the members present at the meeting who are entitled to vote on the matter — 

(a)    may allow the disclosing member to be present during any discussion or decision making procedure relating to the matter; and

(b)    may allow, to the extent decided by those members, the disclosing member to preside at the meeting (if otherwise qualified to preside) or to participate in discussions and the decision making procedures relating to the matter if — 

(i)   the disclosing member also discloses the extent of the interest; and

(ii)  those members decide that the interest — 

(I)   is so trivial or insignificant as to be unlikely to influence the disclosing member’s conduct in relation to the matter; or

(II)  is common to a significant number of electors or ratepayers.

(2)        A decision under this section is to be recorded in the minutes of the meeting relating to the matter together with the extent of any participation allowed by the council or committee.


 

Community Safety Working Group

 

 

1 x Councillors

(including Deputy)

-

Cr_________; Cr__________ (Deputy)

Cr_________; Cr__________ (Deputy)

 

Community Delegates

 

 

 

 

 

 

 

 

Chairperson/Deputy

 

-

-

-

-

-

-

-

-

 

-

 

-

 

1 x Broome Police

1 x Chamber of Commerce

1 x Nyamba Buru Yawuru

1 x Liquor Accord

1 x Kullarri Patrol

1 x Broome Youth and Families Hub

1 x Taxi services

1 x Broome Visitor Centre

 

___________________ (Chairperson);

 

___________________ (Deputy Chair)

 

Officer Responsible

 

-

Deputy Chief Executive Officer/Director Community and Economic Development

 

Standing Ex-Officio Members

 

-

 

-

-

Deputy Chief Executive Officer/Director Community and Economic Development

Manager Community Development

Manager Infrastructure Operations

Others as determined by the Chief Executive Officer

Meeting Schedule

-

As required

 

Meeting Location

-

Function Room, Shire of Broome

 

Quorum

-

Seven (7) members including one elected member

 

Delegated Authority

-

Nil

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FUNCTIONS:

 

1.0        NAME

 

The name of the Group is the Community Safety Working Group (CSWG).

 

2.0        DISTRICT/AREA OF CONTROL

 

Local Government boundaries of the Shire of Broome.

 

3.0        VISION / PURPOSE

 

To develop a community safety plan for the Shire of Broome for Council’s consideration and endorsement.

 

4.0        STATUTE

 

4.1         Legislation

Local Government Act 1995

              Health Act 1911

 

4.2         Shire of Broome Local Laws

Health Local Law 2006

Local Government Property and Public Places Local Law 2012 including amendments 2013

Trading, Outdoor Dining, and Street Entertainment Local Law 2003

 

4.3         Shire of Broome Code of Conduct

Members of the Working Group will be bound by the Shire of Broome’s Code of Conduct.

 

5.0        ESTABLISHMENT

 

Established by Council Resolution on ____________________.

 

6.0        OBJECTIVES

 

1.           Map existing services, identify, gaps and opportunities relating to community safety

2.           Identify key stakeholders, their roles and responsibilities

3.           Formulate key strategies and actions for inclusion in the draft Community Safety Plan

4.           Undertake community engagement

5.           Present draft Plan for Council endorsement

 

7.0        MEMBERSHIP

 

7.1     General

Council will appoint two elected members as Delegates and two elected members as Deputies to the Working Group.

 

7.2     Tenure of Membership

The Working Group will be disbanded upon completion of the Community Safety Plan.

Where a person is appointed as a member of the Community Safety Working Group, the person’s membership of the Working Group continues until —

·   The person no longer holds office by virtue of which the person became a member.

·   The person resigns from membership of the Working Group.

·   The Working Group is disbanded.

·   The Council removes the person from the Working Group by resolution of Council.

·   The next ordinary elections day

 

Staff may be appointed and removed from the Working Group by the Director of the functional area responsible for the Working Group.

 

8.0        DELEGATED AUTHORITY

 

The Group does not have executive powers or authority to implement actions in areas over which the Chief Executive Officer has legislative responsibility and does not have any delegated financial responsibility.  Unless provision has been made in the Budget for expenditure, Working Groups require an officer report to be presented to Council for endorsement of any proposed expenditure.

 

9.0        WORKING GROUP

 

9.4              Chairperson

The Chairperson is to be appointed by Council. The Deputy Chairperson is to be elected by the Working Group members.  The Chairperson is Cr……………. and the Deputy Chairperson is …………..

 

The role of Chairperson and Deputy Chairperson are to be vacated following biennial Council elections in October and re-elected from the Working Group membership.

 

9.5              Secretariat

This role is to be fulfilled by Administration Officer – Community & Economic Development.

 

9.6              Standing Ex-Officio Members

The Deputy Chief Executive Officer/Director Community and Economic Development, Manager Community Development and Manager Infrastructure Operations or their delegate(s) will be standing ex-officio members.  Other officers or community members may be invited to attend meetings as required and to be determined by the Chief Executive Officer.

 

 

10.0      MEETINGS

 

10.4              Annual General Meeting

N/A

 

10.5   Group Meetings

The Deputy Chief Executive Officer/Director Community & Economic Development will call meetings as required.

 

10.3   Quorum

Quorum shall be seven (7) members including one elected member.

 

10.4   Voting

Voting shall be by consensus or by a show of hands as directed by the Chairperson.  If voting is enacted it will follow principles of S5.21 of the Local Government Act 1995. 

 

Local Government Act 1995

S 5.21 - Voting

(1)        Each council member and each member of a committee who is present at a meeting of the council or committee is entitled to one vote.

(2)        Subject to section 5.67, each council member and each member of a committee to which a local government power or duty has been delegated who is present at a meeting of the council or committee is to vote.

(3)        If the votes of members present at a council or a committee meeting are equally divided, the person presiding is to cast a second vote.

(4)        If a member of a council or a committee specifically requests that there be recorded —

(a)         his or her vote; or

(b)       the vote of all members present, on a matter voted on at a meeting of the council or the committee, the person presiding is to cause the vote or votes, as the case may be, to be recorded in the minutes.

 

10.5   Notes of Meetings

The person presiding is to ensure that Notes of the Meeting are kept of the meetings proceedings.

 

The Meeting Notes may be confirmed by a majority of members present at the meeting in writing via email, after the completion of the meeting.  Once Meeting Notes have been confirmed by members they are to be submitted inclusion in the Information Bulletin. 

 

Recommendations requiring Council action arising from the Meeting Notes shall be presented to Council at the next Ordinary Council Meeting or earliest available Council meeting if it is not possible to present the Notes to the next Ordinary Council Meeting.

 

10.6   Who Acts if No Presiding Member

If, in relation to the presiding member of the Working Group:

(a)       the office of presiding member and the office of deputy presiding member are vacant; or

(b)       the presiding member and the deputy presiding member, if any, are not available or are unable or unwilling to perform the functions of presiding member, then the Working Group members present at the meeting are to choose one of themselves to preside at the meeting.

 

10.7   Members Interests to be Disclosed

Members of the Community Safety Working Group are required to declare their financial interests and complete a Declaration form where relevant, using the principles detailed in  the Local Government Act Section 5.65-5.70 with respect to disclosure of financial, impartiality or proximity interests (‘CEO’ in the LGA text means the ‘Chairperson’ in the committee sense).

 

5.65.         Members’ interests in matters to be discussed at meetings to be disclosed

(1)        A member who has an interest in any matter to be discussed at a council or committee meeting that will be attended by the member must disclose the nature of the interest — 

(a)       in a written notice given to the CEO before the meeting; or

(b)       at the meeting immediately before the matter is discussed.

Penalty: $10 000 or imprisonment for 2 years.

(2)        It is a defence to a prosecution under this section if the member proves that he or she did not know — 

(a)         that he or she had an interest in the matter; or

(b)       that the matter in which he or she had an interest would be discussed at the meeting.

(3)        This section does not apply to a person who is a member of a committee referred to in section 5.9(2)(f).

5.9.        Types of committees

                        (1)          In this section — other person means a person who is not a council         member or an employee.

(2)          A committee is to comprise — 

                             (f)      other persons only.

 

5.66.         Meeting to be informed of disclosures

If a member has disclosed an interest in a written notice given to the CEO before a meeting then —

(a)       before the meeting the CEO is to cause the notice to be given to the person who is to preside at the meeting; and

(b)       at the meeting the person presiding is to bring the notice and its contents to the attention of the persons present immediately before the matters to which the disclosure relates are discussed.

                   [Section 5.66 amended by No.1 of 1998 s.16; No. 64 of 1998 s.33.]

 

5.67.         Disclosing members not to participate in meetings

A member who makes a disclosure under section 5.65 must not — 

(a)         preside at the part of the meeting relating to the matter; or

(b)       participate in, or be present during, any discussion or decision making procedure relating to the matter, unless, and to the extent that, the disclosing member is allowed to do so under section 5.68 or 5.69.

Penalty: $10 000 or imprisonment for 2 years.

 

5.68.    Councils and committees may allow members disclosing interests to participate etc. in meetings

(1)        If a member has disclosed, under section 5.65, an interest in a matter, the members present at the meeting who are entitled to vote on the matter — 

(a)       may allow the disclosing member to be present during any discussion or decision making procedure relating to the matter; and

(b)       may allow, to the extent decided by those members, the disclosing member to preside at the meeting (if otherwise qualified to preside) or to participate in discussions and the decision making procedures relating to the matter if — 

(i)         the disclosing member also discloses the extent of the interest; and

(ii)     those members decide that the interest — 

(I)         is so trivial or insignificant as to be unlikely to influence the disclosing member’s conduct in relation to the matter; or

(II)        is common to a significant number of electors or ratepayers.

(2)        A decision under this section is to be recorded in the minutes of the meeting relating to the matter together with the extent of any participation allowed by the council or committee.

(3)        This section does not prevent the disclosing member from discussing, or participating in the decision making process on, the question of whether an application should be made to the Minister under section 5.69.

 

5.70.         Employees to disclose interests relating to advice or reports

(1)          In this section — 

employee includes a person who, under a contract for services with the local government, provides advice or a report on a matter.

(2)        An employee who has an interest in any matter in respect of which the employee is providing advice or a report directly to the council or a committee must disclose the nature of the interest when giving the advice or report.

(3)        An employee who discloses an interest under this section must, if required to do so by the council or committee, as the case may be, disclose the extent of the interest.

Penalty: $10 000 or imprisonment for 2 years.

 

5.71.         Employees to disclose interests relating to delegated functions

If, under Division 4, an employee has been delegated a power or duty relating to a matter and the employee has an interest in the matter, the employee must not exercise the power or discharge the duty and — 

(a)       in the case of the CEO, must disclose to the mayor or president the nature of the interest as soon as practicable after becoming aware that he or she has the interest in the matter; and

(b)       in the case of any other employee, must disclose to the CEO the nature of the interest as soon as practicable after becoming aware that he or she has the interest in the matter.

Penalty: $10 000 or imprisonment for 2 years.

 


 

Community Sponsorship Assessment Working Group

 

5 x Councillors

(including deputy)

 

-

 

 

-

 

 

-

 

 

-

 

-

1) Cr__________

Cr ____________         (Deputy)

 

2) Cr ___________

Cr _____________       (Deputy)

 

3) Cr ___________

Cr _____________       (Deputy)

 

4)Cr ____________

 

5)Cr ____________

 

 

Community Members

 

Chairperson/Deputy

 

-

 

-

 

Nil

 

__________________ (Chairperson)

 

__________________ (Deputy Chairperson)

 

 

Officer Responsible

-

Deputy Chief Executive Officer / Director Community and Economic Development

 

 

Meeting Schedule

-

Annually following close of submissions for Annual Funding round & via email as required for ad-hoc submission considerations during the year.

 

 

Meeting Location

-

Committee or Function Room, Shire of Broome

 

 

Quorum

-

Two (2) Three (3) members of Working Group

 

 

Delegated Authority

-

Chief Executive Officer

Nil

 

 


FUNCTIONS:

 

1.0        NAME

 

The name of the Group is the Community Sponsorship Assessment Working Group.

 

2.0        DISTRICT/AREA OF CONTROL

 

Applies to Local Government boundaries of the Shire of Broome.

 

3.0        VISION / PURPOSE

 

To provide financial support to not-for-profit community based organisations within the Shire of Broome.

 

4.0        STATUTE / GUIDING PRINCIPLES

 

Policy 5.1.5 – Community Sponsorship Program is under review as at August 2009 and will be replaced when considered and adopted by Council.

 

To fulfil the strategic direction as identified in the Shire of Broome Strategic Plan.

 

5.0        ESTABLISHMENT

 

Working Group established as per Council Resolution on 22 November 2007.

 

6.0        OBJECTIVES

 

The Shire of Broome Community Sponsorship Program is to provide funds to assist community based organisations and to establish a partnership for the promotion and development of social, cultural, economic, recreational, environmental and reconciliation projects and initiatives on an equitable and accountable basis.

 

7.0        MEMBERSHIP

 

7.1 General

            Council will appoint three (3) five (5) elected member Delegates and three (3) elected member Deputies to the Working Group who are entitled to one vote.

 

7.2    Tenure of Membership

Where a person is appointed as a member of the Community Sponsorship Assessment Working Group the person’s membership of the Working Group continues until —

 

·    The person no longer holds office by virtue of which the person           became a member.

·    The person resigns from membership of the Working Group.

·    The Working Group is disbanded.

·    The Council removes the person from the Working Group by       resolution of Council.

·    For elected member Delegates, the next ordinary elections day

 

Staff may be appointed and removed from the Working Group by the Director/s of the functional area responsible for the Working Group.

 

8.0        DELEGATED AUTHORITY

 

The Chief Executive Officer is granted delegated authority to approve ad-hoc Sponsorship to a maximum of $1,000 after reference to the Sponsorship Assessment Working Group. (as per Council Resolution ordinary Council Meeting 19 March 2009).  The CEO may sub-delegate this to the Deputy CEO.

 

The Working Group is to report to Council and provide appropriate advice and recommendations on matters relevant to its terms of reference in order to facilitate informed decision-making by Council in relation to the legislative functions and duties of the local government that have not been delegated to the CEO.

 

9.0      COMMITTEE/WORKING GROUP

 

9.1     Chairperson

Upon biannual appointment of new Delegates following Council elections, voting members to appoint a Chairperson and a Deputy Chairperson from the three five Council Delegates on the working Group.

 

________________ Chairperson.

________________ Deputy Chairperson

 

9.2      Secretariat

A Shire officer will fulfil this administrative role.

 

9.3 Standing Ex-Officio Members

           Nil

 

10.0        MEETINGS

 

10.1    Annual General Meeting

N/A

 

10.2    Working Group Meetings

Annual following the end of each financial year.

 

10.3    Quorum

Three (3) Working Group Members including at least one (1) elected member Delegate.

 

10.4    Voting

Voting shall be a show of hands and in accordance with S5.21 of the Local Government Act 1995. 

 

Local Government Act 1995

S 5.21 - Voting

(1)  Each council member and each member of a committee who is present at a meeting of the council or committee is entitled to one vote.

(2)  Subject to section 5.67, each council member and each member of a committee to which a local government power or duty has been delegated who is present at a meeting of the council or committee is to vote.

(3)  If the votes of members present at a council or a committee meeting are equally divided, the person presiding is to cast a second vote.

(4)  If a member of a council or a committee specifically requests that there be recorded —

(a)    his or her vote; or

(b)    the vote of all members present, on a matter voted on at a meeting of the council or the committee, the person presiding is to cause the vote or votes, as the case may be, to be recorded in the minutes.

 

            10.5     Notes of Meetings

The person presiding is to ensure that Notes of the Meeting are kept of the meetings proceedings.

 

The Meeting Notes may be confirmed by a majority of members present at the meeting in writing via email, after the completion of the meeting.  Once Meeting Notes have been confirmed by members they are to be submitted to the Council Secretary for inclusion included in the Information Bulletin. 

 

Recommendations requiring Council action arising from the Meeting Notes shall be presented to Council at the next Ordinary Council Meeting or earliest available Council meeting if it is not possible to present the Notes to the next Ordinary Council Meeting.

 

10.6     Who Acts if No Presiding Member

If, in relation to the presiding member of the Working Group:

(a)       the office of presiding member and the office of deputy presiding member are vacant; or

(b)       the presiding member and the deputy presiding member, if any, are not available or are unable or unwilling to perform the functions of presiding member, then the Working Group members present at the meeting are to choose one of themselves to preside at the meeting.

 

10.7     Members Interests to be Disclosed

Members of the Community Sponsorship Assessment Working Group are required to disclose their financial interests and complete a Disclosure form where relevant for all meetings in person and approvals via email, as per the provisions of the Local Government Act Section 5.65-5.70 with respect to disclosure of financial, impartiality or proximity interests.

 

5.65.    Members’ interests in matters to be discussed at meetings to be disclosed

(1)        A member who has an interest in any matter to be discussed at a council or committee meeting that will be attended by the member must disclose the nature of the interest — 

(a)       in a written notice given to the CEO before the meeting; or

(b)       at the meeting immediately before the matter is discussed.

Penalty: $10 000 or imprisonment for  2 years.

(2)        It is a defence to a prosecution under this section if the member proves that he or she did not know — 

(a)       that he or she had an interest in the matter; or

(b)       that the matter in which he or she had an interest would be discussed at the meeting.

            (3)       This section does not apply to a person who is a member of a committee referred to in section 5.9(2)(f).

 

5.66.      Meeting to be informed of disclosures

If a member has disclosed an interest in a written notice given to the CEO before a meeting then — 

(a)       before the meeting the CEO is to cause the notice to be given to the person who is to preside at the meeting; and

(b)       at the meeting the person presiding is to bring the notice and its contents to the attention of the persons present immediately before the matters to which the disclosure relates are discussed.

          [Section 5.66 amended by No. 1 of 1998 s. 16; No. 64 of 1998 s. 33.]

 

5.67.    Disclosing members not to participate in meetings

A member who makes a disclosure under section 5.65 must not — 

(a)       preside at the part of the meeting relating to the matter; or

(b)       participate in, or be present during, any discussion or decision making procedure relating to the matter, unless, and to the extent that, the disclosing member is allowed to do so under section 5.68 or 5.69.

Penalty: $10 000 or imprisonment for 2 years.

 

5.68.    Councils and committees may allow members disclosing interests to participate etc. in meetings

(1)        If a member has disclosed, under section 5.65, an interest in a matter, the members present at the meeting who are entitled to vote on the matter — 

(a)       may allow the disclosing member to be present during any discussion or decision making procedure relating to the matter; and

(b)       may allow, to the extent decided by those members, the disclosing member to preside at the meeting (if otherwise qualified to preside) or to participate in discussions and the decision making procedures relating to the matter if — 

(i)      the disclosing member also discloses the extent of the interest; and

(ii)     those members decide that the interest — 

(I)      is so trivial or insignificant as to be unlikely to influence the disclosing member’s conduct in relation to the matter; or

(II)     is common to a significant number of electors or ratepayers.

(2)        A decision under this section is to be recorded in the minutes of the meeting relating to the matter together with the extent of any participation allowed by the council or committee.

(3)        This section does not prevent the disclosing member from discussing, or participating in the decision making process on, the question of whether an application should be made to the Minister under section 5.69.

 

5.70.    Employees to disclose interests relating to advice or reports

(1)        In this section — 

employee includes a person who, under a contract for services with the local government, provides advice or a report on a matter.

(2)        An employee who has an interest in any matter in respect of which the employee is providing advice or a report directly to the council or a committee must disclose the nature of the interest when giving the advice or report.

(3)        An employee who discloses an interest under this section must, if required to do so by the council or committee, as the case may be, disclose the extent of the interest.

Penalty: $10 000 or imprisonment for 2 years.

 

5.71.    Employees to disclose interests relating to delegated functions

If, under Division 4, an employee has been delegated a power or duty relating to a matter and the employee has an interest in the matter, the employee must not exercise the power or discharge the duty and — 

(a)       in the case of the CEO, must disclose to the mayor or president the nature of the interest as soon as practicable after becoming aware that he or she has the interest in the matter; and

(b)       in the case of any other employee, must disclose to the CEO the nature of the interest as soon as practicable after becoming aware that he or she has the interest in the matter.

Penalty: $10 000 or imprisonment for 2 years.


 

Events Review Working Group

 

2 x Councillors

(including Deputy)

-

Cr D Male

Cr C Mitchell; Cr A Poelina (Deputy)

 

3 x Shire Staff

-

Deputy Chief Executive Officer

Manager Community Development

Events and Venue Coordinator

 

Chairperson/Deputy

 

-

 

-

 

(Committee to elect Chairperson);

 

Cr C Mitchell (Deputy Chair)

 

Officer Responsible

-

Deputy Chief Executive Officer

 

Meeting Schedule

-

As required

 

Meeting Location

-

Committee Room, Shire of Broome

 

Quorum

-

Three (3) members

 

Delegated Authority

-

Nil

 


FUNCTIONS:

 

1.0     NAME

 

The name of the Group is the Events Review Working Group.

 

2.0     DISTRICT/AREA OF CONTROL

 

Local Government boundaries of the Shire of Broome.

 

3.0     VISION / PURPOSE

 

To review policies and procedures for events held in the Shire of Broome.

 

4.0     STATUTE

 

Various legislative instruments may apply including but not limited to:

 

Statutes

Local Government Act 1995

Health Act 1911

 

Local Laws

Health Local Laws 2006

Local Government Property and Public Places Local Law 2012 inc amendments 2013

Trading, Outdoor Dining, and Street Entertainment Local Law 2003

 

5.0     ESTABLISHMENT

 

Established by Council resolution on 21 November 2013.

 

6.0     OBJECTIVES

 

1.   Review Council policies, procedures, risk and delegations of authority       relating to events

2.   Make recommendations for streamlining and improving the events process

          3.       Present recommendations to Council within three months.

 

7.0     MEMBERSHIP

 

7.1      General

Council will appoint 2 elected members as Delegates and 1 elected member as Deputy to the Working Group.

 

7.2      Tenure of Membership

Where a person is appointed as a member of the Events Review Working Group the person’s membership of the Working Group continues until —

 

·       The person no longer holds office by virtue of which the person became a member.

·       The person resigns from membership of the Working Group.

·       The Working Group is disbanded.

·       The Council removes the person from the Working Group by resolution of Council.

·       For elected member Delegates, the next ordinary elections day

 

Staff may be appointed and removed from the Working Group by the Director/s of the functional area responsible for the Working Group.

 

8.0     DELEGATED AUTHORITY

 

The Group does not have executive powers or authority to implement actions in areas over which the CEO has legislative responsibility and does not have any delegated financial responsibility.  Unless provision has been made in the Budget for expenditure, Working Groups require an officer report to be presented to Council for endorsement of any proposed expenditure.

 

9.0     WORKING GROUP

 

9.1      Chairperson

The Chairperson and Deputy Chairperson to be elected by the Working Group members.  The Chairperson is Cr D Male and the Deputy Chairperson is Cr A Poelina.

 

The role of Chairperson and Deputy Chairperson are to be vacated following biannual Council elections in October and re-elected from the Working Group membership.

 

9.2      Secretariat

This role is to be fulfilled by the Events and Venue Coordinator

 

9.3      Standing Ex-Officio Members

                        Nil

 

10.0   MEETINGS

 

10.1    Annual General Meeting

N/A

 

10.2    Group Meetings

The Events and Venue Coordinator will call meetings as required to achieve the objectives of the Group within the proposed timeframes.

 

10.3    Quorum

Quorum shall be three (3) members, at least one of whom shall be a Councillor.

 

10.4    Voting

Voting shall be by consensus or by a show of hands as directed by the Chairperson.  If voting is enacted it will follow principles of S5.21 of the Local Government Act 1995. 

 

Local Government Act 1995

S 5.21 - Voting

(1)  Each council member and each member of a committee who is present at a meeting of the council or committee is entitled to one vote.

(2)  Subject to section 5.67, each council member and each member of a committee to which a local government power or duty has been delegated who is present at a meeting of the council or committee is to vote.

(3)  If the votes of members present at a council or a committee meeting are equally divided, the person presiding is to cast a second vote.

(4)  If a member of a council or a committee specifically requests that there be recorded —

(a)    his or her vote; or

(b)    the vote of all members present, on a matter voted on at a meeting of the council or the committee, the person presiding is to cause the vote or votes, as the case may be, to be recorded in the minutes.

 

10.5    Notes of Meetings

The person presiding is to ensure that Notes of the Meeting are kept of the meetings proceedings.

 

The Meeting Notes may be confirmed by a majority of members present at the meeting in writing via email, after the completion of the meeting.  Once Meeting Notes have been confirmed by members they are to be submitted to the Council Secretary for inclusion in the Information Bulletin. 

 

Recommendations requiring Council action arising from the Meeting Notes shall be presented to Council at the next Ordinary Council Meeting or earliest available Council meeting if it is not possible to present the Notes to the next Ordinary Council Meeting.

 

10.6    Who Acts if No Presiding Member

If, in relation to the presiding member of the Working Group:

(a)       the office of presiding member and the office of deputy presiding member are vacant; or

(b)       the presiding member and the deputy presiding member, if any, are not available or are unable or unwilling to perform the functions of presiding member, then the Working Group members present at the meeting are to choose one of themselves to preside at the meeting.

 

10.7    Members Interests to be Disclosed

Members of the Litter Prevention Working Group are required to declare their financial interests and complete a Declaration form where relevant, using the principles detailed in  the Local Government Act Section 5.65-5.70 with respect to disclosure of financial, impartiality or proximity interests (‘CEO’ in the LGA text means the ‘Chairperson’ in the committee sense).

 

5.65.    Members’ interests in matters to be discussed at meetings to be disclosed

(1)        A member who has an interest in any matter to be discussed at a council or committee meeting that will be attended by the member must disclose the nature of the interest — 

(a)       in a written notice given to the CEO before the meeting; or

(b)       at the meeting immediately before the matter is discussed.

Penalty: $10 000 or imprisonment for 2 years.

(2)        It is a defence to a prosecution under this section if the member proves that he or she did not know — 

(a)       that he or she had an interest in the matter; or

(b)       that the matter in which he or she had an interest would be discussed at the meeting.

(3)        This section does not apply to a person who is a member of a committee referred to in section 5.9(2)(f).

5.9.   Types of committees

(1)     In this section — “other person” means a person who is not a council member or an employee.

(2)     A committee is to comprise — 

         (f)      other persons only.

 

5.66.    Meeting to be informed of disclosures

If a member has disclosed an interest in a written notice given to the CEO before a meeting then —

(a)       before the meeting the CEO is to cause the notice to be given to the person who is to preside at the meeting; and

(b)       at the meeting the person presiding is to bring the notice and its contents to the attention of the persons present immediately before the matters to which the disclosure relates are discussed.

               [Section 5.66 amended by No.1 of 1998 s.16; No. 64 of 1998 s.33.]

 

5.67.    Disclosing members not to participate in meetings

A member who makes a disclosure under section 5.65 must not — 

(a)       preside at the part of the meeting relating to the matter; or

(b)       participate in, or be present during, any discussion or decision making procedure relating to the matter, unless, and to the extent that, the disclosing member is allowed to do so under section 5.68 or 5.69.

Penalty: $10 000 or imprisonment for 2 years.

 

5.68.    Councils and committees may allow members disclosing interests to participate etc. in meetings

(1)        If a member has disclosed, under section 5.65, an interest in a matter, the members present at the meeting who are entitled to vote on the matter — 

(a)       may allow the disclosing member to be present during any discussion or decision making procedure relating to the matter; and

(b)       may allow, to the extent decided by those members, the disclosing member to preside at the meeting (if otherwise qualified to preside) or to participate in discussions and the decision making procedures relating to the matter if — 

(i)      the disclosing member also discloses the extent of the interest; and

(ii)     those members decide that the interest — 

(I)      is so trivial or insignificant as to be unlikely to influence the disclosing member’s conduct in relation to the matter; or

(II)     is common to a significant number of electors or ratepayers.

(2)        A decision under this section is to be recorded in the minutes of the meeting relating to the matter together with the extent of any participation allowed by the council or committee.

(3)        This section does not prevent the disclosing member from discussing, or participating in the decision making process on, the question of whether an application should be made to the Minister under section 5.69.

 

5.70.    Employees to disclose interests relating to advice or reports

(1)        In this section — 

employee includes a person who, under a contract for services with the local government, provides advice or a report on a matter.

(2)        An employee who has an interest in any matter in respect of which the employee is providing advice or a report directly to the council or a committee must disclose the nature of the interest when giving the advice or report.

(3)        An employee who discloses an interest under this section must, if required to do so by the council or committee, as the case may be, disclose the extent of the interest.

Penalty: $10 000 or imprisonment for 2 years.

 

5.71.    Employees to disclose interests relating to delegated functions

If, under Division 4, an employee has been delegated a power or duty relating to a matter and the employee has an interest in the matter, the employee must not exercise the power or discharge the duty and — 

(a)       in the case of the CEO, must disclose to the mayor or president the nature of the interest as soon as practicable after becoming aware that he or she has the interest in the matter; and

(b)       in the case of any other employee, must disclose to the CEO the nature of the interest as soon as practicable after becoming aware that he or she has the interest in the matter.

Penalty: $10 000 or imprisonment for 2 years.

 

 

 

 


 

 


Jetty to Jetty Project Working Group

 

 

 

3 x Councillors

(including Deputies)

-

1) Cr Mitchell 

Cr Campbell (Deputy)

2) Cr Poelina

Cr Lewis (Deputy)

 

 

 

 

Community Delegates

 

 

 

 

 

 

 

 

 

Chairperson/Deputy

 

-

 

-

 

Kimberley Development Commission

Australia’s North West

Port of Broome

Chamber of Commerce

Chinatown Action Group

Broome Historical Society

Nyamba Buru Yawuru

Department of Environment and Conservation

 

____________ (Chairperson);

____________ (Deputy Chair)

 

Officer Responsible

-

Deputy Chief Executive Officer

 

Meeting Schedule

-

Bi monthly and other meetings as required

 

Meeting Location

-

To be held at the Shire of Broome Committee Room

 

Quorum

-

Four members including one elected member delegate.

 

Delegated Authority

-

Nil

 


FUNCTIONS:

 

1.       NAME

 

The name of the Project working Group is the Jetty to Jetty Project Working Group

 

2.       DISTRICT/AREA OF CONTROL

 

Local Government boundaries of the Shire of Broome.

 

3.       VISION / PURPOSE

 

The purpose of the Project Working Group (PWG) is to provide input into the future development of the Jetty to Jetty Project.

 

4.       STATUTE

 

Various legislative instruments may apply.

 

5.       ESTABLISHMENT

 

Established by Council Resolution 16 May 2013.

 

6.       OBJECTIVES

 

1.   Overseeing the strategic direction of the project.

2.   The PWG will make recommendations and provide advice on the direction or preferred method of progression in relation to the project.

3.   Provide feedback to consultants, project manager, Roebuck Bay TAG and reference groups

4.   Contribute information and guidance

5.   Partnership and joint opportunity development

6.   Consider matters and issues referred to it by the Roebuck Bay TAG, Council, stakeholders or the community and will seek input from other key bodies where applicable.

 

7.       MEMBERSHIP

 

7.1      General

Council will appoint two elected members.  The Shire will invite representatives from the following organizations to the Working Group:

 

·    Kimberley Development Commission

·    Australia’s North West

·    Port of Broome

·    Chamber of Commerce

·    Chinatown Action Group

·    Broome Historical Society

·    Nyamba Buru Yawuru

·    Department of Environment and Conservation

 

7.2      Tenure of Membership

Where a person is appointed as a member of the Jetty to Jetty Project Working Group (PWG) the person’s membership of the PWG continues until —

 

·     The person no longer holds office by virtue of which the person became a member.

·     The person resigns from membership of the PWG.

·     The Committee is disbanded.

·     The Council removes the person from the PWG by resolution of Council.

·     For elected member Delegates, the next ordinary elections day

 

Officers may be appointed and removed from the PWG by the CEO. 

 

8.       DELEGATED AUTHORITY

 

The PWG does not have executive powers or authority to implement actions in areas over which the CEO has legislative responsibility and does not have any delegated financial responsibility.  Unless provision has been made in the Budget for expenditure, PWG’s require an officer report to be presented to Council for endorsement of any proposed expenditure.

 

9.       COMMITTEE

 

9.1      Chairperson

The Chairperson and Deputy Chairperson to be elected by the PWG members. 

 

The role of Chairperson and Deputy Chairperson are to be vacated following biannual Council elections in October and re-elected from the PWG membership.

 

9.2      Secretariat

This role is to be fulfilled by a Shire officer from the Community Development Directorate.

 

9.3      Standing Ex-Officio Members

Chief Executive Officer or his delegate.

 

10.     MEETINGS

 

10.1  Annual General Meeting

N/A

 

10.2  Project Working Group Meetings

The Chairperson will call meetings every three months and as required.

 

10.3  Quorum

Quorum shall be four members.

 

10.4    Voting

Voting shall be by consensus or by a show of hands as directed by the Chairperson. 

 

10.5    Minutes of Meetings

The person presiding is to ensure that Minutes of the Meeting are kept of the meetings proceedings.

 

The Meeting Minutes may be confirmed by a majority of members present at the meeting in writing via email, after the completion of the meeting.  Once minutes have been confirmed by members they are to be submitted to the Council Secretary for inclusion in the Information Bulletin.

 

Recommendations requiring Council action arising from the Meeting Minutes shall be presented to Council at the next Ordinary Council Meeting or earliest available Council meeting if it is not possible to present the Minutes to the next Ordinary Council Meeting.

 

10.6    Who Acts if No Presiding Member

If, in relation to the presiding member of the PWG:

(a)       the office of presiding member and the office of deputy presiding member are vacant; or

(b)       the presiding member and the deputy presiding member, if any, are not available or are unable or unwilling to perform the functions of presiding member, then the PWG members present at the meeting are to choose one of themselves to preside at the meeting.

 

10.7    Members Interests to be Disclosed

Members of the Jetty to Jetty Project Working Group are required to declare their financial interests and complete a Declaration Form where relevant.

 

 

 


 

Litter Prevention Working Group

 

2 x Councillors

(including Deputy)

-

1)Cr P Matsumoto; Cr C Mitchell         (Deputy)

2)C M Manado; Cr M Lewis                  (Deputy)

 

3 x Shire Staff

-

Director Engineering Services

Manager Engineering Operations

Manager Environmental Health and Rangers Services

Community Delegates

 

 

 

 

 

Chairperson/Deputy

 

-

 

 

 

 

 

-

 

Community member

Port Authority member

Broome Police member

Chamber of Commerce member

Traditional Owners member

 

____________ (Chairperson);

____________ (Deputy Chair)

 

Officer Responsible

-

Director Engineering Services

 

Meeting Schedule

-

Every 3 months

 

Meeting Location

-

Function or Committee Room, Shire of Broome

 

Quorum

-

Four (4) members

 

Delegated Authority

-

Nil

 


FUNCTIONS:

 

1.           NAME

 

The name of the Group is the Litter Prevention Working Group.

 

2.           DISTRICT/AREA OF CONTROL

 

Local Government boundaries of the Shire of Broome.

 

3.           VISION / PURPOSE

 

To reduce the negative impact that litter has on Broome’s image, thus making the place we live, work and play look cleaner and more attractive, leading to increased morale and pride of residents and business and to ensure a positive impact on tourism.

 

4.           STATUTE

 

Litter Act 1979

 

It is an offence under the Litter Act 1979 as follows:

 

Any person who deposits litter, or causes litter to be deposited, on any land or on or into any waters commits an offence unless the litter is deposited —

 

(a)       on private land by consent;

(b)       in an appointed area;

(c)       in a place or receptacle set aside or provided for that purpose; or (d)on land adjacent to private land by arrangement with, or at the invitation of, a public authority with a view to the litter being collected and removed by the public authority.

         Penalty:

         a) for an individual, a fine of $5,000

                       for a body corporate, a fine of $10,000

 

Police Officers, persons authorised by the Minister, and Local Government Officers have enforcement powers under the Act.

 

Shire of Broome Health Local Laws 2006 - Part 4 - Waste Food and Refuse

Division 2 - Disposal of Refuse

 

4.2.9       Deposit of Refuse

(1)        A person shall not deposit or cause or permit to be deposited any rubbish or refuse in or on any street or on any land other than a refuse disposal site.

(2)        A person who deposits rubbish or refuse at a refuse site shall pay to the local government a fee as fixed from time to time by the local government under Section 6.16 of the Local Government Act 1995.

 

5.           ESTABLISHMENT

 

The Litter Prevention Group was established by Council Resolution on 23 October 2008.

 

6.           OBJECTIVES

 

1.    To advise Council on the strategic direction of litter management within                      the Shire of Broome.

2.    To minimise the incidence of litter in Broome.

3.    To increase community awareness and understanding of the impact of                       rubbish on the fragile Kimberley environment and the rising cost of litter                         control.

4.    To raise community pride and improves the image of Broome in the minds                            of the local community and people outside of the municipality.

5.    To encourage community involvement in Clean Up days - (Clean Up the                   Kimberley Weekend & Clean Up Australia Day).

6.    To reduce health and safety risks associated with litter and improve the                       quality of Broome’s mangroves and waterways.

7.    To develop and implement a Litter Prevention Strategy.

 

7.           MEMBERSHIP

 

7.1      General

Council will appoint 2 elected members as Delegates and two elected members as Deputies to the Working Group.

 

7.2      Tenure of Membership

Where a person is appointed as a member of the Litter Prevention Working Group the person’s membership of the Working Group continues until —

 

·       The person no longer holds office by virtue of which the person became a member.

·       The person resigns from membership of the Working Group.

·       The Working Group is disbanded.

·       The Council removes the person from the Working Group by resolution of Council.

·       For elected member Delegates, the next ordinary elections day

 

Staff may be appointed and removed from the Working Group by the Director/s of the functional area responsible for the Working Group.

 

8.           DELEGATED AUTHORITY

 

The Group does not have executive powers or authority to implement actions in areas over which the CEO has legislative responsibility and does not have any delegated financial responsibility.  Unless provision has been made in the Budget for expenditure, Working Groups require an officer report to be presented to Council for endorsement of any proposed expenditure.

 

9.           WORKING GROUP

 

9.1      Chairperson

The Chairperson and Deputy Chairperson to be elected by the Working Group members.  The Chairperson is ______________ and the Deputy Chairperson is ______________

 

The role of Chairperson and Deputy Chairperson are to be vacated following biannual Council elections in October and re-elected from the Working Group membership.

 

9.2      Secretariat

This role is to be fulfilled by Executive Support Officer, Engineering Services.

 

9.3      Standing Ex-Officio Members

To be determined.

 

10.         MEETINGS

 

10.1    Annual General Meeting

N/A

 

10.2    Group Meetings

The Director Engineering Services will call meetings as required until a program has been decided and a meeting schedule for the year determined.

 

10.3    Quorum

Quorum shall be four (4) members.

 

10.4    Voting

Voting shall be by consensus or by a show of hands as directed by the Chairperson.  If voting is enacted it will follow principles of S5.21 of the Local Government Act 1995. 

 

Local Government Act 1995

S 5.21 - Voting

(1)  Each council member and each member of a committee who is present at a meeting of the council or committee is entitled to one vote.

(2)  Subject to section 5.67, each council member and each member of a committee to which a local government power or duty has been delegated who is present at a meeting of the council or committee is to vote.

(3)  If the votes of members present at a council or a committee meeting are equally divided, the person presiding is to cast a second vote.

(4)  If a member of a council or a committee specifically requests that there be recorded —

(a)    his or her vote; or

(b)    the vote of all members present, on a matter voted on at a meeting of the council or the committee, the person presiding is to cause the vote or votes, as the case may be, to be recorded in the minutes.

 

                        Notes of Meetings

The person presiding is to ensure that Notes of the Meeting are kept of the meetings proceedings.

 

The Meeting Notes may be confirmed by a majority of members present at the meeting in writing via email, after the completion of the meeting.  Once Meeting Notes have been confirmed by members they are to be submitted to the Council Secretary for inclusion in the Information Bulletin. 

 

Recommendations requiring Council action arising from the Meeting Notes shall be presented to Council at the next Ordinary Council Meeting or earliest available Council meeting if it is not possible to present the Notes to the next Ordinary Council Meeting.

 

10.5    Who Acts if No Presiding Member

If, in relation to the presiding member of the Working Group:

(a)       the office of presiding member and the office of deputy presiding member are vacant; or

(b)       the presiding member and the deputy presiding member, if any, are not available or are unable or unwilling to perform the functions of presiding member, then the Working Group members present at the meeting are to choose one of themselves to preside at the meeting.

 

10.6    Members Interests to be Disclosed

Members of the Litter Prevention Working Group are required to declare their financial interests and complete a Declaration form where relevant, using the principles detailed in  the Local Government Act Section 5.65-5.70 with respect to disclosure of financial, impartiality or proximity interests (‘CEO’ in the LGA text means the ‘Chairperson’ in the committee sense).

 

5.65.    Members’ interests in matters to be discussed at meetings to be disclosed

(1)        A member who has an interest in any matter to be discussed at a council or committee meeting that will be attended by the member must disclose the nature of the interest — 

(a)       in a written notice given to the CEO before the meeting; or

(b)       at the meeting immediately before the matter is discussed.

Penalty: $10 000 or imprisonment for 2 years.

(2)        It is a defence to a prosecution under this section if the member proves that he or she did not know — 

(a)       that he or she had an interest in the matter; or

(b)       that the matter in which he or she had an interest would be discussed at the meeting.

(3)        This section does not apply to a person who is a member of a committee referred to in section 5.9(2)(f).

5.9.   Types of committees

(1)     In this section — other person” means a person who is not a council member or an employee.

(2)     A committee is to comprise — 

         (f)      other persons only.

 

5.66.    Meeting to be informed of disclosures

If a member has disclosed an interest in a written notice given to the CEO before a meeting then —

(a)       before the meeting the CEO is to cause the notice to be given to the person who is to preside at the meeting; and

(b)       at the meeting the person presiding is to bring the notice and its contents to the attention of the persons present immediately before the matters to which the disclosure relates are discussed.

               [Section 5.66 amended by No.1 of 1998 s.16; No. 64 of 1998 s.33.]

 

5.67.    Disclosing members not to participate in meetings

A member who makes a disclosure under section 5.65 must not — 

(a)       preside at the part of the meeting relating to the matter; or

(b)       participate in, or be present during, any discussion or decision making procedure relating to the matter, unless, and to the extent that, the disclosing member is allowed to do so under section 5.68 or 5.69.

Penalty: $10 000 or imprisonment for 2 years.

 

5.68.    Councils and committees may allow members disclosing interests to participate etc. in meetings

(1)        If a member has disclosed, under section 5.65, an interest in a matter, the members present at the meeting who are entitled to vote on the matter — 

(a)       may allow the disclosing member to be present during any discussion or decision making procedure relating to the matter; and

(b)       may allow, to the extent decided by those members, the disclosing member to preside at the meeting (if otherwise qualified to preside) or to participate in discussions and the decision making procedures relating to the matter if — 

(i)      the disclosing member also discloses the extent of the interest; and

(ii)     those members decide that the interest — 

(I)      is so trivial or insignificant as to be unlikely to influence the disclosing member’s conduct in relation to the matter; or

(II)     is common to a significant number of electors or ratepayers.

(2)        A decision under this section is to be recorded in the minutes of the meeting relating to the matter together with the extent of any participation allowed by the council or committee.

(3)        This section does not prevent the disclosing member from discussing, or participating in the decision making process on, the question of whether an application should be made to the Minister under section 5.69.

 

5.70.    Employees to disclose interests relating to advice or reports

(1)        In this section — 

employee includes a person who, under a contract for services with the local government, provides advice or a report on a matter.

(2)        An employee who has an interest in any matter in respect of which the employee is providing advice or a report directly to the council or a committee must disclose the nature of the interest when giving the advice or report.

(3)        An employee who discloses an interest under this section must, if required to do so by the council or committee, as the case may be, disclose the extent of the interest.

Penalty: $10 000 or imprisonment for 2 years.

 

5.71.    Employees to disclose interests relating to delegated functions

If, under Division 4, an employee has been delegated a power or duty relating to a matter and the employee has an interest in the matter, the employee must not exercise the power or discharge the duty and — 

(a)       in the case of the CEO, must disclose to the mayor or president the nature of the interest as soon as practicable after becoming aware that he or she has the interest in the matter; and

(b)       in the case of any other employee, must disclose to the CEO the nature of the interest as soon as practicable after becoming aware that he or she has the interest in the matter.

Penalty: $10 000 or imprisonment for 2 years.

 


 

Perth Royal Show Guest Town Working Group

 

Councillors

(including Deputy)

-

Cr Campbell;

Cr Bloom; (Deputy)

 

 

 

 

Community Delegates

 

 

Chairperson

Deputy Chairperson

-

 

 

 

 

 

To be appointed by Shire President and Chief Executive Officer as required

 

Cr Campbell (Chairperson);

Cr Bloom (Deputy Chairperson)

 

Officer Responsible

-

Deputy CEO

 

Meeting Schedule

-

As required

 

Meeting Location

-

Function or Committee Room, Shire of Broome

 

Quorum

-

Four members, one of which to be a Councillor of the Shire of Broome.

 

Delegated Authority

-

Nil

 


FUNCTIONS:

 

1.0     NAME

 

The name of the Group is the Perth Royal Show Guest Town Working Group.

 

2.0     DISTRICT/AREA OF CONTROL

 

Local Government boundaries of the Shire of Broome.

 

3.0     VISION / PURPOSE

 

To coordinate all aspects of the Shire of Broome’s Guest Town display at the Perth Royal Show 2014.

 

4.0     STATUTE

 

Local Government Act 1995

 

5.8.      Establishment of committees

            A local government may establish* committees of 3 or more persons to assist the council and to exercise the powers and discharge the duties of the local government that can be delegated to committees.

            * Absolute majority required.

 

5.9.      Types of committees

(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;

(b)       council members and employees;

(c)       council members, employees and other persons;

(d)       council members and other persons;

(e)       employees and other persons; or

(f)        other persons only.

 

5.10.    Appointment of committee members

(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.

 

5.11A. Deputy committee members

(1)        The local government may appoint* a person to be a deputy of a

                                                member of a committee and may terminate such an           appointment* at any time.

                                    * Absolute majority required.

(2)        A person who is appointed as a deputy of a member of a

                                    committee is to be —

(a)       if the member of the committee is a council member —

            a council member; or

(b)       if the member of the committee is an employee — an

            employee; or

(c)       if the member of the committee is not a council member

            or an employee — a person who is not a council

            member or an employee; or

(d)       if the member of the committee is a person appointed

            under section 5.10(5) — a person nominated by the

            CEO.

(3)        A deputy of a member of a committee may perform the

            functions of the member when the member is unable to do so by

            reason of illness, absence or other cause.

(4)        A deputy of a member of a committee, while acting as a

                                    member, has all the functions of and all the protection given to a

                                    member.

                                    [Section 5.11A inserted by No. 17 of 2009 s. 20.]

 

5.11.Committee membership, tenure of

(1)        Where a person is appointed as a member of a committee under section 5.10(4) or (5), the person’s membership of the committee continues until — 

(a)       the person no longer holds the office by virtue of which the person became a member, or is no longer the CEO, or the CEO’s representative, as the case may be; or

(b)       the person resigns from membership of the committee; or

(c)       the committee is disbanded; or

(d)       the next ordinary elections day,

whichever happens first.

(2)        Where a person is appointed as a member of a committee other than under section 5.10(4) or (5), the person’s membership of the committee continues until — 

(a)       the term of the person’s appointment as a committee member expires; or

(b)       the local government removes the person from the office of committee member or the office of committee member otherwise becomes vacant; or

(c)       the committee is disbanded; or

(d)       the next ordinary elections day,

            whichever happens first.

5.12.    Presiding members and deputies, election of

(1)        The members of a committee are to elect a presiding member from amongst themselves in accordance with Schedule 2.3, Division 1 as if the references in that Schedule — 

(a)       to “office” were references to “office of presiding member”; and

(b)       to “council” were references to “committee”; and

(c)       to “councillors” were references to “committee members”.

(2)        The members of a committee may elect a deputy presiding member from amongst themselves but any such election is to be in accordance with Schedule 2.3, Division 2 as if the references in that Schedule — 

(a)       to “office” were references to “office of deputy presiding member”; and

(b)       to “council” were references to “committee”; and

(c)       to “councillors” were references to “committee members”; and

(d)       to “mayor or president” were references to “presiding member”.

5.13.    Deputy presiding members, functions of

                                    If, in relation to the presiding member of a committee — 

(a)       the office of presiding member is vacant; or

(b)       the presiding member is not available or is unable or unwilling to perform the functions of presiding member,

                                    then the deputy presiding member, if any, may perform the functions of                                     presiding member.

5.14.    Who acts if no presiding member

                                    If, in relation to the presiding member of a committee — 

(a)       the office of presiding member and the office of deputy presiding member are vacant; or

(b)       the presiding member and the deputy presiding member, if any, are not available or are unable or unwilling to perform the functions of presiding member,

                                    then the committee members present at the meeting are to       choose one of themselves to preside at the meeting.

 

 

5.0     ESTABLISHMENT

 

Established by Council Resolution on 27 March 2014.

 

6.0     OBJECTIVES

 

Source and secure sponsorship for the initiative. 

Provide advice to Council on the scale, nature and theme of the guest town display.

Provide advice to the Council about Shire resource requirements associated with the Guest Town initiative.

Assist in sourcing and managing the project manager to assist organising the event.

Liaise with the Royal Agricultural Society and other key stakeholders as required.

 

7.0     MEMBERSHIP

 

7.1      General

Council will appoint two elected members as Delegates and two elected members as Deputies to the Working Group.

 

7.2      Tenure of Membership

Where a person is appointed as a member of the Royal Show Guest Town Working Group the person’s membership of the Working Group continues until:

 

·     The person no longer holds office by virtue of which the person became a member.

·     The person resigns from membership of the Working Group.

·     The Working Group is disbanded.

·     The Shire President and Chief Executive Officer removes the person from the Working Group.

·     The next ordinary elections day

 

Staff may be appointed and removed from the Working Group by the Chief Executive Officer.

 

8.0     DELEGATED AUTHORITY

 

The Group does not have executive powers or authority to implement actions in areas over which the Chief Executive Officer has legislative responsibility and does not have any delegated financial responsibility.  Unless provision has been made in the Budget for expenditure, Working Groups require an officer report to be presented to Council for endorsement of any proposed expenditure.

9.0     WORKING GROUP

 

9.7 Chairperson

The Chairperson is the Shire President. 

 

The Deputy Chairperson is the Deputy Shire President.

 

9.8 Secretariat

This role is to be fulfilled by a Shire Officer.

 

10.0   MEETINGS

 

10.1     Annual General Meeting

     N/A

 

10.2     Group Meetings

     Meetings will be held as required.

 

10.3     Quorum

     Quorum shall be four (4) members one of which is to be a Councillor of the       Shire of Broome.

 

10.4     Voting

     Voting shall be by consensus or by a show of hands as directed by the      Chairperson.  If voting is enacted it will follow principles of S5.21 of the        Local Government Act 1995. 

 

Local Government Act 1995

S 5.21 - Voting

(1)  Each council member and each member of a committee who is present at a meeting of the council or committee is entitled to one vote.

(2)  Subject to section 5.67, each council member and each member of a committee to which a local government power or duty has been delegated who is present at a meeting of the council or committee is to vote.

(3)  If the votes of members present at a council or a committee meeting are equally divided, the person presiding is to cast a second vote.

(4)  If a member of a council or a committee specifically requests that there be recorded —

(a)    his or her vote; or

(b)    the vote of all members present, on a matter voted on at a meeting of the council or the committee, the person presiding is to cause the vote or votes, as the case may be, to be recorded in the minutes.

 

10.5        Notes of Meetings

     The person presiding is to ensure that Notes of the Meeting are kept of the      meetings proceedings.

 

     The Meeting Notes may be confirmed by a majority of members present at       the meeting in writing via email, after the completion of the meeting.  Once Meeting Notes have been confirmed by members they are to be submitted to the Council Secretary for inclusion in the Information Bulletin. 

 

Recommendations requiring Council action arising from the Meeting Notes shall be presented to Council at the next Ordinary Council Meeting or earliest available Council meeting if it is not possible to present the Notes to the next Ordinary Council Meeting.

 

10.6    Who Acts if No Presiding Member

If, in relation to the presiding member of the Working Group:

(a)       the office of presiding member and the office of deputy presiding member are vacant; or

(b)       the presiding member and the deputy presiding member, if any, are not available or are unable or unwilling to perform the functions of presiding member, then the Working Group members present at the meeting are to choose one of themselves to preside at the meeting.

 

10.7    Members Interests to be Disclosed

Members of the Litter Prevention Working Group are required to declare their financial interests and complete a Declaration form where relevant, using the principles detailed in  the Local Government Act Section 5.65-5.70 with respect to disclosure of financial, impartiality or proximity interests (‘CEO’ in the LGA text means the ‘Chairperson’ in the committee sense).

 

5.65.    Members’ interests in matters to be discussed at meetings to be disclosed

(1)        A member who has an interest in any matter to be discussed at a council or committee meeting that will be attended by the member must disclose the nature of the interest — 

(a)       in a written notice given to the CEO before the meeting; or

(b)       at the meeting immediately before the matter is discussed.

Penalty: $10 000 or imprisonment for 2 years.

(2)        It is a defence to a prosecution under this section if the member proves that he or she did not know — 

(a)       that he or she had an interest in the matter; or

(b)       that the matter in which he or she had an interest would be discussed at the meeting.

(3)        This section does not apply to a person who is a member of a committee referred to in section 5.9(2)(f).

5.9.   Types of committees

(1)     In this section — other person” means a person who is not a council member or an employee.

(2)     A committee is to comprise — 

         (f)      other persons only.

 

5.66.    Meeting to be informed of disclosures

If a member has disclosed an interest in a written notice given to the CEO before a meeting then —

(a)       before the meeting the CEO is to cause the notice to be given to the person who is to preside at the meeting; and

(b)       at the meeting the person presiding is to bring the notice and its contents to the attention of the persons present immediately before the matters to which the disclosure relates are discussed.

               [Section 5.66 amended by No.1 of 1998 s.16; No. 64 of 1998 s.33.]

 

5.67.    Disclosing members not to participate in meetings

A member who makes a disclosure under section 5.65 must not — 

(a)       preside at the part of the meeting relating to the matter; or

(b)       participate in, or be present during, any discussion or decision making procedure relating to the matter, unless, and to the extent that, the disclosing member is allowed to do so under section 5.68 or 5.69.

Penalty: $10 000 or imprisonment for 2 years.

 

5.68.    Councils and committees may allow members disclosing interests to participate etc. in meetings

(1)        If a member has disclosed, under section 5.65, an interest in a matter, the members present at the meeting who are entitled to vote on the matter — 

(a)       may allow the disclosing member to be present during any discussion or decision making procedure relating to the matter; and

(b)       may allow, to the extent decided by those members, the disclosing member to preside at the meeting (if otherwise qualified to preside) or to participate in discussions and the decision making procedures relating to the matter if — 

(i)      the disclosing member also discloses the extent of the interest; and

(ii)     those members decide that the interest — 

(I)      is so trivial or insignificant as to be unlikely to influence the disclosing member’s conduct in relation to the matter; or

(II)     is common to a significant number of electors or ratepayers.

(2)        A decision under this section is to be recorded in the minutes of the meeting relating to the matter together with the extent of any participation allowed by the council or committee.

(3)        This section does not prevent the disclosing member from discussing, or participating in the decision making process on, the question of whether an application should be made to the Minister under section 5.69.

 

5.70.    Employees to disclose interests relating to advice or reports

(1)        In this section — 

employee includes a person who, under a contract for services with the local government, provides advice or a report on a matter.

(2)        An employee who has an interest in any matter in respect of which the employee is providing advice or a report directly to the council or a committee must disclose the nature of the interest when giving the advice or report.

(3)        An employee who discloses an interest under this section must, if required to do so by the council or committee, as the case may be, disclose the extent of the interest.

Penalty: $10 000 or imprisonment for 2 years.

 

5.71.    Employees to disclose interests relating to delegated functions

If, under Division 4, an employee has been delegated a power or duty relating to a matter and the employee has an interest in the matter, the employee must not exercise the power or discharge the duty and — 

(a)       in the case of the CEO, must disclose to the mayor or president the nature of the interest as soon as practicable after becoming aware that he or she has the interest in the matter; and

(b)       in the case of any other employee, must disclose to the CEO the nature of the interest as soon as practicable after becoming aware that he or she has the interest in the matter.

Penalty: $10 000 or imprisonment for 2 years.


 

Chinatown Stakeholder and Community Reference Group

 

 

Membership

 

 

 

 

 

 

 

Ex Officio

 

Proxies

 

 

Chairperson

 

-

 

 

 

 

 

 

 

Cr _______________  (Cr ____________ Deputy)  Shire of Broome

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

 

 

Members of the Project Control Group will also be invited to attend the meetings.

 

Each member may delegate a proxy to attend in their place providing it is done in writing to the Chairperson prior to the meeting.

 

Councillor of the Shire of Broome to be Chairperson.  The person presiding is to ensure that Minutes of the Meeting are kept of the meetings proceedings.

 

 

Responsible Officer

 

-

Deputy Chief Executive Officer

Meeting Schedule

 

-

Bi - Monthly or more frequently as required.

 

Meeting Location

 

-

Function or Committee Room, Shire of Broome

 

Secretariat  

-     -

 The Secretariat functions will be provided by the Shire of Broome.

 

Quorum

-

Six Members (including one Councillor of Shire of Broome)

 

Delegated Authority

-

Nil

 

Purpose

 

-

 

The purpose of the Community Reference Group is as follows:

 

 

 

 

 

-     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 and traders and landowners in Chinatown. 

 

 

FUNCTIONS:

 

1.0        NAME

 

The name of the Group is the Chinatown Stakeholder and Community Reference Group.

 

2.0        DISTRICT/AREA OF CONTROL

 

Local Government boundaries of the Shire of Broome.

 

3.0        VISION / PURPOSE

 

The purpose of the Chinatown Reference Group is as follows:

 

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

 

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

 

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

 

 

4.0        ESTABLISHMENT

 

Established by Shire of Broome in accordance with Council resolution on XXXXXX

 

5.0        MEMBERSHIP

 

5.1      General

 

Council will appoint members to the Group in accordance with the terms of reference.

 

Staff will be invited to participate in the Group by the Chief Executive Officer as required.

 

Council will appoint one elected members as a Delegate and one elected members as a Deputy to the Group.

 

5.2      Tenure of Membership

Where a person is appointed as a member of the Chinatown Revitalisation  Community Reference Group membership of the Group continues until —

 

·     The person no longer holds office by virtue of which the person became a member.

·     The person resigns from membership of the Group.

·     The Group is disbanded.

·     The Council removes the person from the Group by resolution of Council.

·     For elected member Delegates, the next ordinary elections day

 

 

6.0        DELEGATED AUTHORITY

 

The Group has no delegated authority.   

 

7.0        COMMITTEE

 

7.4         Chairperson

 

The role of Chairperson is to be vacated following biannual Council elections in October and reappointed by Council.

 

A Councillor of the Shire of Broome will be the Chairperson.

 

7.5         Secretariat

 

This role is to be fulfilled by Shire Officers.

 

7.6         Standing Ex-Officio Members

 

Chief Executive Officer, Deputy CEO and/or his delegate and members of the Project Control Group. 

 

8.0        MEETINGS

 

8.4 Group Meetings

 

The Chairperson will call meetings every two months and as required.

 

8.5 Quorum

 

Quorum shall be 6 (six) members including one Councillor.

 

 

8.6 Voting

 

Voting shall be by consensus or by a show of hands as directed by the Chairperson. 

 

8.4    Minutes of Meetings

 

The person presiding is to ensure that Minutes of the Meeting are kept of the meetings proceedings.


 

Background and Introduction

 

The Shire of Broome has entered into a Memorandum of Understanding with the Kimberley Development Commission and LandCorp to undertake joint projects together. 

 

The first project under this MOU is the revitalisation of Chinatown.

 

This document supports the Business Case which has been prepared to unlock the State Government funding for this project. 

 

When this matter was considered by Council the following was considered by the Shire of Broome:

 

Community Engagement

 

The development of the Business Case has utilised the extensive community engagement which was undertaken as part of the Chinatown Development Strategy and other community engagement.

 

To ensure ongoing community involvement in this important project the following are recommended actions:

 

1.   Community Engagement Plans will be prepared for each project. These will be approved by the Steering Committee prior to implementation. This is consistent with the Council’s community engagement framework.

 

2.   Officers consider a Community Reference Group sitting separate to the Steering Committee be considered to support the aims of the governance model. This group could be used to assist communication and consultation in relation to the projects and their progress, provide feedback to the Steering Group as well as gain stakeholder buy in to the Chinatown Revitalisation. It is recommended the composition of this group be developed with the project partners and be returned to Council for consideration at a future date.

 

 

At this meeting on OMC in 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.

 

This document is proposed to address points 4 above. 

 

The Governance Model

 

The following diagram represents the governance model for the project:

 

Further details on the Governance model will be the subject of a Project Management Agreement document and future report to Council.    This TOR just deals with the Stakeholder and Community Reference Group. 

 


 

 

Youth Advisory Council

 

 

1 x Councillors

(including Deputy)

-

Cr ____________.; Cr ____________ (Deputy)

Community Delegates

 

 

Chairperson/Deputy

 

-

-

 

-

 

-

 

10 x Young people

2 x Youth workers

 

____________ (Chairperson);

 

_____________ (Deputy Chair)

 

Officer Responsible

 

-

Deputy Chief Executive Officer/Director Community and Economic Development

Standing Ex-Officio Members

 

-

Deputy Chief Executive Officer/Director Community and Economic Development

Manager Community Development

Youth and Community Development Officer

Others as determined by the Chief Executive Officer

Meeting Schedule

-

Bi-monthly

Additional meetings as required

Meeting Location

-

Function Room, Shire of Broome

Other locations as appropriate

Quorum

-

Seven (7) members

Delegated Authority

-

Nil

 

 


FUNCTIONS:

 

1.0        NAME

 

The name of the Working Group is the Broome Youth Advisory Council.

 

2.0        DISTRICT/AREA OF CONTROL

 

Local Government boundaries of the Shire of Broome.

 

3.0        VISION / PURPOSE

 

The role of the Shire of Broome Youth Advisory Council is to:

1.   Identify issues that are important to young people in Broome and provide advice to Council about addressing issues and providing opportunities for young people

2.   Participate in the planning, running and evaluation of local initiatives and projects for young people

3.   Contribute to the development and implementation of the Broome Youth Action Plan

 

4.0        STATUTE

 

4.1     Legislation

Local Government Act 1995

 

4.2     Shire of Broome Code of Conduct

Members of the Broome Youth Advisory Council will be bound by the Shire of Broome’s Code of Conduct.

 

5.0        ESTABLISHMENT

 

Established by Council Resolution on ___________________________.

 

6.0        OBJECTIVES

 

The objectives of the Broome Youth Advisory Council are:

·    To create opportunities for local young people to provide input into Shire of Broome Council decision making processes.

·    To actively involve young people in developing and implementing strategies that address the issues affecting young people in the region.

·    To ensure that young people are involved in their community's economic and social development.

·    To positively promote youth within the Shire of Broome, especially in regards to the value to be gained from the input of young people

·    To build the confidence and skills of the young people on the YAC and increase their capacity to act as spokespeople and role models for the diverse population of Broome youth.

·    To provide training to the young people on the YAC in specific areas that will strengthen their capacity to fulfil their role including leadership, media skills, public speaking, consultation and advocacy.

 

7.0        MEMBERSHIP

 

7.1         General

Council will appoint one elected member as a Delegate and one elected member as a Deputy to the Broome Youth Advisory Council.

Community members will be appointed by an expression of interest process.

Membership for youth community delegates is open to young people aged between the ages of 12 and 24 who live in the Shire of Broome.

 

7.2         Tenure of Membership

Where a person is appointed as a member of the Broome Youth Advisory Council, the person’s membership of the Working Group continues until —

·            The person no longer holds office by virtue of which the person became a member.

·            The person resigns from membership of the Working Group.

·            The Working Group is disbanded.

·            The Council removes the person from the Working Group by resolution of Council.

·            The next ordinary elections day

 

Staff may be appointed and removed from the Working Group by the Director of the functional area responsible for the Working Group.

 

7.3         Co-opted Members

The Broome Youth Advisory Council may invite sector representatives to attend a meeting in an advisory capacity, for a specified purpose and for a specified period of time.

 

8.0        DELEGATED AUTHORITY

 

The Broome Youth Advisory Council does not have executive powers or authority to implement actions in areas over which the Chief Executive Officer has legislative responsibility and does not have any delegated financial responsibility.  Unless provision has been made in the Budget for expenditure, Working Groups require an officer report to be presented to Council for endorsement of any proposed expenditure.

 

9.0        WORKING GROUP

 

9.9              Chairperson

The Chairperson and Deputy Chairperson are to be appointed by the Broome Youth Advisory Council members.

The Chairperson is Cr____________ and the Deputy Chairperson is _____________

 

The role of Chairperson and Deputy Chairperson are to be vacated following biennial Council elections in October and re-elected from the Broome Youth Advisory Council membership.

 

9.10            Secretariat

This role is to be fulfilled by Administration Officer – Community & Economic Development.

 

9.11            Standing Ex-Officio Members

The Deputy Chief Executive Officer/Director Community and Economic Development, Manager Community Development and Manager Infrastructure Operations or their delegate(s) will be standing ex-officio members.  Other officers or community members may be invited to attend meetings as required and to be determined by the Chief Executive Officer.

 

10.0      MEETINGS

 

10.6              Annual General Meeting

N/A

 

10.7              Broome Youth Advisory Council Meetings

The Chairperson will call meetings every two months and as required.

 

10.3   Quorum

Quorum shall be seven (7) members.

 

10.4   Voting

Voting shall be by consensus or by a show of hands as directed by the Chairperson.  If voting is enacted it will follow principles of S5.21 of the Local Government Act 1995. 

 

Local Government Act 1995

S 5.21 - Voting

(1)        Each council member and each member of a committee who is present at a meeting of the council or committee is entitled to one vote.

(2)        Subject to section 5.67, each council member and each member of a committee to which a local government power or duty has been delegated who is present at a meeting of the council or committee is to vote.

(3)        If the votes of members present at a council or a committee meeting are equally divided, the person presiding is to cast a second vote.

(4)        If a member of a council or a committee specifically requests that there be recorded —

(a)         his or her vote; or

(b)       the vote of all members present, on a matter voted on at a meeting of the council or the committee, the person presiding is to cause the vote or votes, as the case may be, to be recorded in the minutes.

 

10.6   Notes of Meetings

The person presiding is to ensure that Notes are kept of the meeting proceedings.

 

The Meeting Notes may be confirmed by a majority of members present at the meeting in writing via email, after the completion of the meeting.  Once Meeting Notes have been confirmed by members they are to be submitted for inclusion in the Information Bulletin. 

 

Recommendations requiring Council action arising from the Meeting Notes shall be presented to Council at the next Ordinary Council Meeting or earliest available Council meeting if it is not possible to present the Notes to the next Ordinary Council Meeting.

 

10.6   Who Acts if No Presiding Member

If, in relation to the presiding member of the Broome Youth Advisory Council:

(a)       the office of presiding member and the office of deputy presiding member are vacant; or

(b)       the presiding member and the deputy presiding member, if any, are not available or are unable or unwilling to perform the functions of presiding member, then the Broome Youth Advisory Council members present at the meeting are to choose one of themselves to preside at the meeting.

 

10.8   Members Interests to be Disclosed

Members of the Broome Youth Advisory Council are required to declare their financial interests and complete a Declaration form where relevant, using the principles detailed in  the Local Government Act Section 5.65-5.70 with respect to disclosure of financial, impartiality or proximity interests (‘CEO’ in the LGA text means the ‘Chairperson’ in the committee sense).

 

5.65.         Members’ interests in matters to be discussed at meetings to be disclosed

(1)        A member who has an interest in any matter to be discussed at a council or committee meeting that will be attended by the member must disclose the nature of the interest — 

(a)       in a written notice given to the CEO before the meeting; or

(b)       at the meeting immediately before the matter is discussed.

Penalty: $10 000 or imprisonment for 2 years.

(2)        It is a defence to a prosecution under this section if the member proves that he or she did not know — 

(a)         that he or she had an interest in the matter; or

(b)       that the matter in which he or she had an interest would be discussed at the meeting.

(3)        This section does not apply to a person who is a member of a committee referred to in section 5.9(2)(f).

5.9.        Types of committees

                        (1)          In this section — other person means a person who is not a council         member or an employee.

(2)          A committee is to comprise — 

                             (f)      other persons only.

 

5.66.         Meeting to be informed of disclosures

If a member has disclosed an interest in a written notice given to the CEO before a meeting then —

(a)       before the meeting the CEO is to cause the notice to be given to the person who is to preside at the meeting; and

(b)       at the meeting the person presiding is to bring the notice and its contents to the attention of the persons present immediately before the matters to which the disclosure relates are discussed.

                   [Section 5.66 amended by No.1 of 1998 s.16; No. 64 of 1998 s.33.]

 

5.67.         Disclosing members not to participate in meetings

A member who makes a disclosure under section 5.65 must not — 

(a)         preside at the part of the meeting relating to the matter; or

(b)       participate in, or be present during, any discussion or decision making procedure relating to the matter, unless, and to the extent that, the disclosing member is allowed to do so under section 5.68 or 5.69.

Penalty: $10 000 or imprisonment for 2 years.

 

5.68.    Councils and committees may allow members disclosing interests to participate etc. in meetings

(1)        If a member has disclosed, under section 5.65, an interest in a matter, the members present at the meeting who are entitled to vote on the matter — 

(a)       may allow the disclosing member to be present during any discussion or decision making procedure relating to the matter; and

(b)       may allow, to the extent decided by those members, the disclosing member to preside at the meeting (if otherwise qualified to preside) or to participate in discussions and the decision making procedures relating to the matter if — 

(i)         the disclosing member also discloses the extent of the interest; and

(ii)     those members decide that the interest — 

(I)         is so trivial or insignificant as to be unlikely to influence the disclosing member’s conduct in relation to the matter; or

(II)        is common to a significant number of electors or ratepayers.

(2)        A decision under this section is to be recorded in the minutes of the meeting relating to the matter together with the extent of any participation allowed by the council or committee.

(3)        This section does not prevent the disclosing member from discussing, or participating in the decision making process on, the question of whether an application should be made to the Minister under section 5.69.

 

5.70.         Employees to disclose interests relating to advice or reports

(1)          In this section — 

employee includes a person who, under a contract for services with the local government, provides advice or a report on a matter.

(2)        An employee who has an interest in any matter in respect of which the employee is providing advice or a report directly to the council or a committee must disclose the nature of the interest when giving the advice or report.

(3)        An employee who discloses an interest under this section must, if required to do so by the council or committee, as the case may be, disclose the extent of the interest.

Penalty: $10 000 or imprisonment for 2 years.

 

5.71.         Employees to disclose interests relating to delegated functions

If, under Division 4, an employee has been delegated a power or duty relating to a matter and the employee has an interest in the matter, the employee must not exercise the power or discharge the duty and — 

(a)       in the case of the CEO, must disclose to the mayor or president the nature of the interest as soon as practicable after becoming aware that he or she has the interest in the matter; and

(b)       in the case of any other employee, must disclose to the CEO the nature of the interest as soon as practicable after becoming aware that he or she has the interest in the matter.

Penalty: $10 000 or imprisonment for 2 years.

 

 


 

 

PART 3– COUNCIL REPRESENTATION ON EXTERNAL COMMITTEES

 

Council has resolved to formally establish representation on the following external organisation’s Committees.  As these Committee’s are administered by parties other than the Shire of Broome, information provided and operation of these Committees are at the discretion of the convening bodies.

 

Broome Visitor Centre (BVC) Board

Broome (WALGA) RoadWise Committee

Kimberley Regional Road Group

Kimberley Zone (WALGA) and the Kimberley Regional Collaborative Group

Yawuru Park Council

 


 

Broome Visitor Centre Board

 

1 x Councillor

(including Deputy)

-

1) Cr __________

 Cr ____________                 (Deputy)

 

1 x Shire Staff (Observer)

-

Deputy Chief Executive Officer Services (Non voting)

 

Organisations

 

 

 

 

 

 

 

-

-

-

-

-

-

-

-

 

Ryan Gardiner (Acting Chairperson), Willie Creek Pearls

James Brown (Cygnet Bay Pearls)

Greg Quickie (Astro Tours)

Andrea Spencer (Broome Bird Observatory)

Mark Phillips (Divers Tavern)

Justin Wiebrecht (Kimberley Accommodation)

Gail Gower (Gail Gower Consulting)

Nick Linton (Manager BVC)

 

Officer Responsible

 

 

Committee Administration

-

 

 

-

Deputy Chief Executive Officer

 

Broome Visitor Centre

 

Meeting Schedule

-

Second Wednesday of each month at 8am

 

Meeting Location

-

Broome Visitor Centre

 

Quorum

-

5 Board members

 

Delegated Authority

-

Nil

 


 

FUNCTION

 

1.0        NAME

 

The name of the Committee is the Broome Visitor Centre (BVC) Board.

 

2.0        VISION / PURPOSE

 

The vision/mission of the BVC is as follows:

 

VISION

To excel as a provider of services to visitors, tourism operators and the Broome community, continually promoting the positive aspects of Broome.

 

MISSION

To provide visitors with high quality service, information and advice in a friendly manner that promotes the attractions of the area and to deliver quality support and service to our members.

 

To provide the BVC team with a safe, rewarding environment that offers them unique opportunities

 

To be a viable and vital community organisation.

 

3.0        OBJECTIVES

 

·       To provide a bureau or visitor centre in Broome to trade under the registered business name "Broome Visitor Centre" for the assistance and information of tourists and intending residents.

 

·       To compile, publish and distribute literature in all its forms as well as the use of films, radio and other forms of media, containing information relating to or otherwise publicising the Broome district.

 

·       To encourage, sponsor or promote ways and means of accommodating, entertaining and providing facilities for tourists and visitors to the Broome district.

 

·       To foster the progress and general well being of the town of Broome and to assist all such other organisations that provide the means to enjoy the facilities and general attributes of the area of Broome in particular and the Kimberley in general.

 

·       The property and income of the Association shall be applied solely towards the promotion of the objects of the Association and no part of that property or income may be paid or otherwise distributed, directly or indirectly, to members, except in good faith in the promotion of those objects.

 

·       To ensure maintenance of high quality service to our customers and members

 

·       To develop sufficient revenue through commissions, membership, advertising and promotions, merchandise sales, and grants to ensure the financial viability of the Centre into the future.

 

·       To maintain the Broome Visitor Centre in a manner commensurate with its accreditation as a Level 1 member of the WA Visitor Centre network.

 

·       To continue to provide the BVC team with a safe and rewarding environment that offers them unique opportunities.

 

·       To service the needs and requirements of our members, increasing their product exposure.

 

·       To increase the number of visitors to the BVC, assisting them in experiencing a greater variety and number of activities;

 

4.0        MEMBERSHIP

 

Council will appoint one (1) elected member Delegate to the Board.

 

5.0        MANAGEMENT

 

5.1   Chairperson

The Chairperson will be elected by the BVC Board.  In the absence of the Chairperson the meeting shall appoint an acting Chairperson for that particular meeting. The Chairperson is responsible for the proper conduct of the meeting.

 

5.2   Secretariat

This administrative role is carried out by the BVC.

 

5.3   Meetings

The Board meets no less that six times per year and preferable monthly or more frequently as required at a time and place determined by the Board.  The Board also holds an Annual General Meeting.

 

5.4   Deputations

The Board may invite any persons or organisations to attend any meetings for the expert advice, but such person shall not be entitled to vote on ay decision arising at such meetings.

 

5.5   Quorum

The quorum for a meeting of the Board shall comprise of 5 Board members.

 

5.6   Voting

At all meetings members of the Committee shall be entitled to one vote.

 

5.7   Sub Committees

The Committee may appoint a Sub-committee of its members.  A sub Committee shall not exercise power or perform a duty without the approval of the Committee.

 

5.8   Minutes/Agendas

Minutes shall be made of all proceedings.  Minutes of Board meetings shall be forwarded to all members within 30 days of the meeting.  Agendas for each meeting are to be prepared and distributed to members.

Broome (WALGA) RoadWise Committee

 

1 x Councillor

(including Proxy)

-

1) Cr __________

Cr ____________         (Proxy)

 

2 x Shire Staff (observer)

-

 

Director Engineering Services Infrastructure

Manager Asset and Design Development & Subdivision Engineer

Organisation Membership

 

 

 

 

 

 

 

3 x Community

 

-

 

 

 

 

 

 

 

-

 

Katelyn Hegarty, WALGA/RoadWise

Police representative

Regional road safety officer

Health department representative

SDERA representative

MRWA representative

Department of Planning & Infrastructure (DoT) reps

 

School Representative

Aboriginal Community representative

Community Member Chairperson

 

Committee Administration

 

Officer Responsible

 

-

 

-

 

WALGA / RoadWise

 

Katelyn Hegarty (WALGA) RoadWise Officer

Meeting Schedule

-

Quarterly

 

Meeting Location

-

DPI Board Room, Napier Terrace Broome Function Room, Shire of Broome (or other nominated location)

 

Quorum

-

50 per cent of the number of member positions prescribed on the committee whether vacant or not.

 

Delegated Authority

-

Nil

 


FUNCTIONS

 

1.0         NAME

 

The name of the Committee is the Broome (WALGA) RoadWise Committee.

 

2.0         VISION / PURPOSE

 

To contribute to a co-ordinated approach to reduce the amount of deaths and serious injuries from road crashes in the Shire of Broome.

 

3.0         OBJECTIVES

 

·       Develop programs and projects that address the cornerstones of the WA Road Safety Strategy.

·       To encourage safe use of the road network by motorists, pedestrians and cyclists.

·       Improve road safety through education and behavioural change in the Shire of Brome.

·       Raise community awareness of road safety issues and initiatives in the district.

·       Facilitate a co-ordinated approach to community planning, development and implementation of road safety programs and promotions.

·       To develop and/or promote the submission of funding applications for road safety initiatives.

 

4.0         MEMBERSHIP

 

A nominated proxy member may attend in place of the endorsed representative member.

 

5.0         MANAGEMENT

 

5.1    Chairperson

The Chairperson will be elected by the Committee.  In the absence of the Chairperson the meeting shall appoint an acting chairperson for that particular meeting. The Chairperson is responsible for the proper conduct of the meeting.

 

5.2    Secretariat

This administrative contact for Notes/Minutes is the RoadWise officer.

 

5.3    Meetings

The Committee shall meet quarterly on the first Tuesday of every second month or more frequently as required at a time and place determined by the Committee.

 

5.4    Deputations

The Committee may invite any persons or organisations to attend any meetings for the expert advice, but such person shall not be entitled to vote on ay decision arising at such meetings.

 

5.5    Quorum

The quorum for a meeting of the Committee shall be at least 50 per cent of the number of member positions prescribed on the Committee, whether vacant or not.

 

5.6    Voting

At all meetings members of the Committee shall be entitled to one vote. If the vote of the members present is equally divided, the Chairperson shall have a second vote.  A simple majority will prevail.

 

5.7    Sub Committees

The Committee may appoint a sub-committee of its members and delegate the exercise of powers and performance of duties as the Committee thinks fit.  A sub Committee shall not exercise power or perform a duty without the approval of the Committee.

 

5.8    Minutes/Agendas

Minutes shall be made of all proceedings. minutes of Committee meetings shall be forwarded to all members at least seven (7) days prior to the following meeting. Agendas for each meeting are to be prepared and distributed to members at least seven (7) days before the next meeting.

 

The Responsible Officer for the Shire of Broome is to ensure notes/minutes are passed to the Council Secretary, Corporate Services for inclusion in the monthly Information Bulletin to Directors and Councillors.

 


 

Kimberley Regional Road Group

 

1 x Councillor

 

-

1) Cr ________

Cr ___________           (Deputy)

 

1 x Shire Staff (observer)

-

Director of Engineering Services Infrastructure

 

Other Organisations

 

-

 

MRWA Representative

Officer from four Kimberley Shires

Derby West Kimberley

Wyndham East Kimberley

Halls Creek

Broome Shire

 

Officer Responsible

 

Committee Administration

 

-

 

-

 

Director of Engineering Services Infrastructure

 

Main Roads WA

 

Meeting Schedule

-

 

Twice yearly

Meeting Location

-

 

Various over the four Shire Locales

Quorum

-

 

50 percent of the number of member positions prescribed on the Committee whether vacant or not

 

Delegated Authority

-

Nil

 

FUNCTIONS:

 

1.0        NAME

 

The name of the Group is the Kimberley Regional Road Group.

 

2.0       DISTRICT/AREA OF CONTROL

 

Local government roads within the Shire of Broome boundaries.

 

3.0       VISION / PURPOSE

 

In so far as Local Government roads are concerned, the Regional Road Group is to ensure funds made available by the State are applied to the road network to:

 

·       Maximise capacity and resources through joint purchasing and resource sharing;

·       Maximise benefits to the community

·       Preserve, improve and extend the road system and

·       Comply with the obligations of the Commissioner of Main Roads under legislation.

 

4.0       STATUTE

 

Main Roads WA Legislation

 

5.0       TERMS OF REFERENCE

 

The role of Regional Road Groups is to recommend Local Government road funding priorities to the Advisory Committee and to monitor the implementation of the Local Roads Program in their own regions.

 

At the Regional level Regional Road Group’s are responsible for:

 

·       Assessing Local Government road funding needs

·       Prioritising projects and Black Spot projects

·       Development of a long term plan (5 years) to distribute Road Projects and Black Spot Grants

·       Developing and improving methodology for the prioritisation of projects and the distribution of State funds

·       Monitoring and reporting on program effectiveness

·       Implementing performance indicators and open and accountable processes

·       Ensuring grants are expended in the year of allocation

·       Monitoring Local Government Expenditure on approved local roads projects

·       Recommending improved procedures to the Advisory Committee

·       Raising relevant issues on the Local Roads Program and the overall road needs of the Region with the Advisory Committee

·       Providing advice to member Local Governments

 

The Regional Road Group may delegate certain functions and tasks to Regional Sub Groups, provided that all Regional Sub-Groups have the same delegated responsibilities, as outlined in the procedures.

 

6.0       ESTABLISHMENT

 

Group established - Unknown

Elected Delegate membership last reviewed 14 December 2007.

 

7.0       MEMBERSHIP

 

7.1    General

Council will appoint one (1) elected member Delegate and 1 Deputy to the Group.

 

7.2    Tenure of Delegate Membership

(1)     Where a person is appointed as a member of the Kimberley Regional Road Group the person’s membership of the Working Group continues until — 

(a)    the person resigns from membership of the Working Group;

(b)    the Working Group is disbanded, completes its objectives; or

(c)    the next ordinary elections day.

 

 

8.0       DELEGATED AUTHORITY

 

Nil.  Unless provision has been made in the Budget for expenditure by the Shire of Broome, Working Groups require an officer report to be presented to Council for endorsement of any proposed expenditure.

 

9.0       COMMITTEE

 

9.1    Secretariat

Main Roads WA

 

10.0     MEETINGS

 

10.1  Notes of Meetings

As an externally convened Working Group associated with WALGA, local government meeting procedures may be adopted. Notes or Minutes of Working Group meetings are required to be passed to the Council Secretary, Corporate Services for inclusion in the monthly Information Bulletin to Directors and Councillors.

 

Working Group issues requiring Council consideration require an agenda report item via the appropriate Director/s for the next Ordinary Meeting of Council.

 

 


 

Kimberley Zone  of WALGA and The Kimberley Regional Collaborative Group

 

2 x Councillors

 

-

1)  ______________     (Chairperson)

     ______________     (Deputy)

 

1 x Shire Staff

-

Chief Executive Officer – Shire of Broome

 

Other Organisations

 

 

 

 

 

 

 

 

 

 

 

-

_________________, Shire of Broome, Elected Member

_________________, Shire of Broome, Deputy Elected Member

Cr M Edwards, Shire of Halls Creek, Elected Member

Cr V O’Neill, Shire of Derby/West Kimberley, Halls Creek, Deputy Elected Member

Cr J Moulden, Shire of Wyndham/East Kimberley, Deputy Elected Member

Cr K Wright, Shire of Wyndham/East Kimberley, Deputy Elected Member

Cr E Archer, Shire of Derby/West Kimberley, Deputy Elected Member

Cr R Sullivan Cr I Prouse, Shire of Derby/West Kimberley, Deputy Elected Member

Cr G Thomson, Shire of Christmas Island, Elected Member

Cr Foo Kee Heng, Shire of Christmas Island, Deputy Elected Member

Vacant, Shire of Cocos (Keeling) Islands, Elected Member

Vacant, Shire of Cocos (Keeling) Islands, Deputy Elected Member

 

Kimberley Development Commission (KDC)

Australia’s North West (ANW)

Regional Development Australia Kimberley (RDAK)

Department Local Government and Communities (DLGC)

WA Western Australian Local Government Association (WALGA)

WALGA Roadwise

 

Officer Responsible

 

Committee Administration

 

-

 

-

Chief Executive Officer, Shire of Broome

 

Rotated – 20135 Shire of Broome

Meeting Schedule

 

-

Quarterly

Meeting Location

 

-

Various

Quorum

 

-

50% of membership

Delegated Authority

-

Nil

 

FUNCTIONS:

 

1.0        NAME

 

The name of the Group is the Kimberley Zone of WALGA Western Australian Local Government Association and Kimberley Regional Group.

 

2.0       DISTRICT/AREA OF CONTROL

 

The Kimberley Zone of WALGA is limited to the local government boundaries of the following Shires:

 

·      Broome

·      Derby/West Kimberley

·      Halls Creek

·      Wyndham/East Kimberley

·      Shire of Christmas Island (minimal involvement)

·      Shire of Cocos (Keeling) Islands (minimal involvement)

 

3.0       VISION / PURPOSE /

 

The Kimberley Zone of WALGA (previously operating under the Country Shire Councils Association) is the representative body of the four (4) local governments in the Kimberley and due to significant distance from the Kimberley, minimal input from a fifth member being the Shire of Christmas Island and Shire of Cocos (Keeling) Islands.

 

The Kimberley Zone has a significant history of service to local government in Western Australia and presents local government and community issues/values to the Western Australian Local Government Association through policy and lobbying to the single association comprising 39 140 Western Australian local governments. 

 

4.0       STATUTE

 

The Constitution of the Western Australian Local Government Association and items not addressed, per Local Government Act 1995 and associated legislation.

 

The Kimberley Zone of WALGA Terms of Reference as adopted 28 March 2008 apply.

 

5.0       TERMS OF REFERENCE

 

Western Australian Local Government Association Kimberley Zone of WALGA Standing Orders as adopted 28 March 2008.

 

6.0       ESTABLISHMENT

 

Group established –2008.

Elected Delegate membership last reviewed 26 November 2013.


 

7.0       MEMBERSHIP

 

7.1       General

Council will appoint one (2) elected member Delegates to the Group. The Chairperson and Secretariat responsibilities are on a biannual rotational basis with the Shire of Broome convening 2008/0914/15 meetings.  The Shire President is the Chairperson and CEO the Secretary.

 

7.2       Tenure of Membership

Local Government Act 1995

 

5.11.      Committee membership, tenure of

(1)       Where a person is appointed as a member of a committee under section 5.10(4) or (5), the person’s membership of the committee continues until — 

                           (a)      the person no longer holds the office by virtue of which the person became a member, or is no longer the CEO, or the CEO’s representative, as the case may be; or

                           (b)      the person resigns from membership of the committee; or

                           (c)      the committee is disbanded; or

                           (d)      the next ordinary elections day,

                 whichever happens first.

(2)       Where a person is appointed as a member of a committee other than under section 5.10(4) or (5), the person’s membership of the committee continues until — 

                           (a)      the term of the person’s appointment as a committee member expires; or

                           (b)      the local government removes the person from the office of committee member or the office of committee member otherwise becomes vacant; or

                           (c)      the committee is disbanded; or

                           (d)      the next ordinary elections day,

                 whichever happens first.

 

8.0       DELEGATED AUTHORITY

 

Nil.  Unless provision has been made in the Budget for expenditure by the Shire of Broome, external Committees require an officer report to be presented to Council for endorsement of any proposed expenditure.

 

9.0       COMMITTEE

 

9.1      Chairperson

Cr C Mitchell

 

9.2     Secretariat

Chief Executive Officer, Shire of Broome

 

9.3      Standing Ex-Officio Members

As invited to particular meeting and notices given to membership as per Standing Order

 

10.0     MEETINGS  (From Kimberley Zone Standing Orders)

 

10.1     Annual General Meeting

N/A

 

10.2     Committee Meetings

Meetings are convened quarterly and as required as per Standing Orders Section 4.  Meetings locations are in the various Shires depending on availability and generally extend over one full day.

 

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

 

10.3     Quorum

Greater than 50% of delegates present and entitled to vote shall form a quorum as per Section 5.2 or the Zone Standing Orders.

 

10.4     Voting

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

 

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

 

23.       No Discussion

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

 

25.       Method of Taking Votes

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

 

26.       Division

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

 

27.       Withdrawal of Motion

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

 

28.       All Delegates to Vote

 

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

 

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

 

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

 

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

 

10.5     Minutes of Meetings

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

 

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

 

Minutes of Kimberley Zone meetings are required to be passed to the Council Secretary, Corporate Services for inclusion in the monthly Information Bulletin to Directors and Councillors.

 

Issues requiring Council consideration require an agenda item for the next appropriate Ordinary Meeting of Council.

 

10.6     Who Acts if No Presiding Member

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

 

10.7     Members Interests to be Disclosed

 

 


 

Yawuru Park Council

 

3 Representatives

 

 

-

1) Cr ________

2) Cr ________

3) Cr ________

 

3 x Proxy Representatives

-

1) Cr ________

2) Cr ________

3) Cr ________

 

Staff Attendees

 

Director Engineering Services Infrastructure.

Coastal Park Governance Officer.

 

Other Members

 

 

-

3xYawuru RNTBC Representatives

3xDepartment of Parks and Wildlife Representatives

 

Chairperson

 

The Chairperson is elected by the Yawuru Park Council but must be one of the Yawuru Representatives.

 

Associate Members Officer Responsible

-

-

As required

Director Engineering Infrastructure Services

 

 

 

Meeting Schedule

-

Bi-Monthly or as determined by the Yawuru Park Council.

 

Meeting Location

 

-

As determined by the Yawuru Park Council

Quorum

-

See below

 

Delegated Authority

-

Nil

 


FUNCTIONS:

 

1.      NAME

 

The name is Yawuru Park Council.

 

2.      AREA OF CONTROL

 

The area is the conservation estate created by the Yawuru ILUA agreements.

 

3.      VISION / PURPOSE

 

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

 

Outcome 2.3:  A unique natural environment for the benefit and enjoyment of current and future generations.

 

Strategy 2.3.1: Consult with Traditional Owners and other agencies in the management of our coastline and other environs. 

 

4.      STATUTE

 

As per Yawuru Area Agreement Indigenous Land Use Agreement (25 February 2010).  Annexure to Schedule 7 -  Joint Management Agreement.

 

s 2, Part 1                Yawuru Park Council Role and Structure

4.1       Role

 

The Yawuru Park Council's primary role shall be to:

 

(a)   prepare Management Plans and related policies for the management of the Conservation Estate in accordance with the Joint Management Agreement;

 

(b)   ensure that the Management Plans for the Conservation Estate are consistent with the visions and policies set out in the Cultural Management Plan for these areas;

 

(c)   ensure that all Management Plans prepared by the Yawuru Park Council are, to the greatest extent possible taking into account different legislative frameworks, consistent.

 

(d)   make decisions consistent with the Cultural Management Plan and Management Plans;

 

(e)   monitor the management of the Conservation Estate including the implementation of the Management Plans;

 

(f)    give advice to the CEO(DPaW), the CCWA, the BSC (SoB), the Yawuru Community and MPRA (as appropriate) on all aspects of the use, management and development of the Conservation Estate; and

 

(g)   determine priorities for any matters required to be done in accordance with or in furtherance of the Management Plans.

4.2       Structure

 

The Yawuru Park Council is responsible for the management of the Conservation Estate and is comprised of Yawuru Registered Native Title Body Corporate (RNTBC) Representatives, Department of Parks and Wildlife (DPaW) Representatives and BSC Shire of Broome (SoB) Representatives who are responsible to jointly administer the management of the Conservation Estate in accordance with their respective areas of responsibility as set out clause 4.1.of the Joint Management Agreement.

4.3     Joint Management Responsibility

 

The Conservation Estate is to be jointly managed by the Yawuru RNTBC and the CEO (DPaW) or BSC (SoB) as set out in clause 4.1 of the Joint Management Agreement and as summarised below:

 

(a)    Freehold Areas to be jointly managed by the CEO (DPaW) and Yawuru RNTBC;

 

(b)   Roebuck Bay Intertidal Zones Reserves to be jointly managed by the Conservation Commission of Western Australia (CCWA) and Yawuru RNTBC;

 

(c)    Cable Beach Intertidal Zones Reserves to be jointly managed by the CCWA, BSC (SoB) and Yawuru RNTBC;

 

(d)   Townsite Areas (including intertidal areas adjacent to the town) to be jointly managed by Yawuru RNTBC and )(SoB)  ;

 

(e)    Marine Park, to be jointly managed by the MPRA, Yawuru RNTBC and the CEO (DPaW)

4.4     Membership

 

The Yawuru Park Council is to be comprised of:

 

(a)    Freehold Areas, Roebuck Bay Intertidal Zone Reserves and the          Marine Park

(i) Not less than three (3) Yawuru Representative Members and up to three (3) Alternate Members who only have voting rights if they step in to replace an absent Yawuru Representative Member at a meeting with the effect that the Yawuru RNTBC does not have more than three (3) Representative Members with voting rights at any given meeting; and

(ii) up to three (3) Department (DPaW) Representative Members, who, where possible all, but at least one, are involved in the day to day management of Conservation Estate.

(iv) A maximum of one (1) representative from each Associate Member, except for BSC (SoB) who may have all three (3) of its Representative Members present in an Associate Member capacity in respect to the Freehold Areas of the Conservation Estate.

 

(b)   Town Site Areas

 

(i)   Not less than three (3) Yawuru Representative Members and up to three (3) Alternate Members who only have voting rights if they step in to replace an absent Yawuru Representative Member at a meeting with the effect that the Yawuru RNTBC does not have more than three (3) Representative Members with voting rights at any given meeting; and

 

(ii)  Up to three (3) BSC  (SoB) Representative Members.

(iii)  A maximum of one (1) representative from each Associate Member, except for the Department (DPaW) who may have all three (3) of its Representative Members present in an Associate Member capacity in respect to the Townsite Areas of the Conservation Estate.

 

(c)    Cable Beach Intertidal Zone Reserves

 

(i)      Not less than three (3) Yawuru Representative Members and up to three (3) Alternate Members who only have voting rights if they step in to replace an absent Yawuru Representative Member at a meeting with the effect that the Yawuru RNTBC does not have more than three (3) Representative Members with voting rights at any given meeting; and

 

(ii)     Up to three (3) Department (DPaW) Representative Members, who, where possible all, but at least one, are involved in the day to day management of Conservation Estate; and

 

(iii)    Up to three (3) BSC (SoB) Representative Members.

 

(iv)    A maximum of one (1) representative from each Associate Member.

4.5     Representative Member appointment

 

(a)     Three (3) Yawuru Representative Members and up to three (3) Alternate Members will be appointed from time to time by the Yawuru RNTBC to be members of the (Yawuru) Park Council and the Yawuru RNTBC will advise the CEO (DPaW) and BSC (SoB)  in writing of the appointments. A Yawuru person who is an employee or contractor of the Department (DPaW)  or BSC (SoB)  is ineligible to be a Yawuru Representative Member or an Associate Member.

 

(b)     Up to three (3) Department (DPaW) Representatives will be nominated from time to time by the (DPaW) CEO to be members of the (Yawuru) Park Council and the (DPaW) CEO will advise the Yawuru RNTBC and the BSC (SoB) in writing of the nominations.

 

(c)     Up to three (3) BSC (SoB) Representative Members will be nominated from time to time by the BSC (SoB) to be members of the (Yawuru) Park Council and the BSC (SoB) will advise the Yawuru RNTBC and the (DPaW) CEO in writing of the nominations.

4.6     Associate Members

 

(a)    Organisations or other persons that in the opinion of the (Yawuru) Park Council have an integral role to play in the operation and management of the Conservation Estate or in providing advice to the Yawuru Park Council on any matter the Park Council thinks fit may be invited by the Park Council to nominate one Associate Member to attend and participate in Yawuru Park Council meetings.

 

(b)   The Yawuru Park Council may at its absolute discretion determine which organisations or persons have the right to attend and participate from time to time as Associate Members of the Yawuru Park Council and may confer or remove Associate Member status accordingly.

4.7     Availability and Authority of Representative Members

 

(a)    Yawuru RNTBC must ensure that the Yawuru Representative Members and Yawuru Alternate Members or proxies:

(i)     make themselves available to participate in the Yawuru Park Council; and

(ii)     are authorised to carry out their functions and to make decisions as required and in accordance with the Joint Management Agreement and these Terms of Reference.

 

(b)    The CEO (DPaW) must ensure that Department Representative Members (DPaW) and Department(DPaW)  proxies:

(i)     are available to carry out their functions on the Yawuru Park Council; and

(ii)     are authorised to carry out their functions and make decisions as required and in accordance with the Joint Management Agreement and these Terms of Reference.

 

(c)     The BSC (SoB) must ensure that the BSC (SoB) Representative Members and BSC (SoB) proxies:

(i)     are available to carry out their functions on the Yawuru Park Council; and

(ii)     are authorised to carry out their functions and make decisions as required and in accordance with the Joint Management Agreement and these Terms of Reference.

 

5.          Conduct of meetings

5.1     Convening meetings

(a)    The (DPaW) CEO must convene the first meeting of the Yawuru Park Council within forty-five (45) days of the formation of the Yawuru Park Council.

(b)    The Park Council must meet to attend to its business as often as it considers necessary, but at least once every three (3) months.

(c)    The Yawuru RNTBC may, on request from a Yawuru Representative Member or otherwise, call a Yawuru Park Council meeting by giving at least twenty-one (21) days notice in writing to the (DPaW) CEO and BSC (SoB).

(d)    The (DPaW) CEO or BSC (SoB) may, on request from a Department (DPaW) Representative or BSC (SoB) Representative or otherwise, call a Yawuru Park Council meeting by giving at least twenty-one (21) days notice in writing to the Yawuru RNTBC and the other Party.

5.2     Chairperson and Secretary

(a)    The Yawuru Park Council shall elect a Chairperson and a Secretary from among their number at the first meeting of the Yawuru Park Council and on each anniversary of that meeting. The Chairperson must be one of the Yawuru Representative Members.

(b)    The Chairperson and Secretary are eligible for re-election each anniversary.

(c)    The Chairperson shall be the Chairperson of all meetings at which he or she is present, but if he or she is not present or does not wish to chair the meeting the members present at the meeting of the Yawuru Park Council may elect another Representative Member to chair the meeting.

(d)    The Secretary shall keep proper minutes of all meetings of the Yawuru Park Council.

5.3       Procedure at meetings

The Yawuru Park Council may adopt such rules and procedures from time to time as it considers necessary to enable it to carry out its functions under and in accordance with the provisions of the Joint Management Agreement and these Terms of Reference.

5.4      Quorum

(a)        The quorum for a meeting of the Yawuru Park Council shall be:

For Freehold Areas, Roebuck Bay Intertidal Zone Reserves and Marine Park matters:

two (2) Yawuru Representative Members and two (2) Department (DPaW) Representative Members.

 

For Townsite Area matters:

two (2) Yawuru Representative Members and two (2) BSC (SoB) Representative Members.

For Cable Beach Intertidal Zone Reserves matters:

two (2) Yawuru Representative Members, two (2) BSC  (SoB) Representative Members and two (2) Department  (DPaW) Representative Members.

 

(b)         If a quorum is not satisfied at two (2) consecutive meetings of the Yawuru Park Council, the business which was proposed to be discussed at the meetings for which the quorum was not satisfied will be deemed to be Referred Business and may be referred to the relevant Minister.

5.5     Voting

(a)         Each Yawuru Park Council Representative Member who has a voting right will have one vote in person at a meeting of the Yawuru Park Council subject to:

only Yawuru RNTBC Representative Members and (DPaW) Department Representative Members have voting rights in respect to the Freehold Areas, Roebuck Bay Intertidal Zone Reserves and Marine Park;

only the Yawuru RNTBC Representative Members and BSC (SoB)  Representative Members have voting rights in respect to the Townsite Areas; and

only Yawuru RNTBC Representative Members, (DPaW) Department Representative Members and BSC (SoB)  Representative Members have voting rights in respect to the Cable Beach Intertidal Zone Reserves.

(b)         Associate Members do not have a vote with respect to any proceedings under this Agreement.

(c)         Alternate Members only have a voting right if they are required to stand in for an absent Yawuru Representative Member at a meeting.

5.6     Decisions

(a)     Decisions of the Yawuru Park Council must be made by those members in attendance at a meeting of the Park Council who are entitled to vote voting on a motion.

(b)     The Yawuru Park Council will, as far as possible, require a motion to be supported by the consensus of all those members in attendance at the meeting of the Yawuru Park Council who are entitled to vote.

(c)     If a motion is not supported by the consensus of all those members in attendance at a meeting of the Yawuru Park Council who are entitled to vote, subject to clause 2.5(a), if:

Either two (2) (DPaW) Department Representative Members or two (2) BSC (DPaW) Representatives, as applicable; and

two (2) of the Yawuru Representative Members,

vote in support of that motion, then the motion is deemed to be passed and is a duly made decision of the Yawuru Park Council.

(d)     If the same motion is not passed at three (3) consecutive meetings of the Yawuru Park Council then the business which is the subject of that motion may be referred to the relevant Minister as Referred Business.

5.7     Conflict Resolution

(a)       In the event of a conflict between the Representative Members of the Yawuru Park Council:

(i)         Either the Yawuru RNTBC, BSC(SoB)  or the CEO (DPaW) may give 21 days written notice to the others, of a joint meeting of the Park Council and all or any of the Associate Members, if applicable, to be held no sooner than 21 days after the notice is given, for the purpose of attempting to resolve the conflict;

(ii)         the conflict must be resolved by a resolution of the Yawuru Park Council passed by a three-quarters majority of the joint meeting convened pursuant to clause 2.7(a)(i) and that majority must include two (DPaW) Department Representatives and two Yawuru RNTBC Representatives or if appropriate, two Yawuru RNTBC Representatives and two BSC (SoB) Representatives; and

(iii)        in the event that the conflict is not resolved by a resolution of the Yawuru Park Council in accordance with clause 2.7(a)(ii) the matter to which the advice and recommendations relate will become Referred Business to the Minister for Environment or the Minister for Lands, depending upon whether the conflict relates to the Freehold Areas, Intertidal Zone Areas and Marine Park or the Townsite Areas for a determination by the relevant Minister.

(b)      If the Department (DPaW) is served with a notice under clause 2.7(a)(i) but refuses or unreasonably fails to convene the requested meeting, the Yawuru RNTBC or BSC BSC (SoB)  may rely on the provisions set out in clause 2.7(a)(iii) and treat the matter as Referred Business.

5.8     Referred Business

(a)       The Minister for Environment or the Minister for Lands shall (as appropriate) in respect of Referred Business:

(i)         consult with the CEO (DPaW)  or the BSC BSC (SoB)  and the Yawuru RNTBC regarding how Referred Business is to be determined; and

(ii) do one or both of the following:

(a)   decide as to how Referred Business is to be determined; or

(b)   make a determination of Referred Business.

(b)       A determination of Referred Business by the relevant Minister shall be deemed to be a determination of the Yawuru Park Council.

6.          Vacancy

6.1     Single Meeting Proxies

(a)       The CEO (DPaW) or BSC (SoB) may nominate a proxy in the event a Representative Member is unable to attend any one meeting of the Yawuru Park Council, subject to first notifying in writing the other Parties of the nomination and the name of the Representative Member they are attending in lieu of.

(b)       The Yawuru RNTBC may nominate a proxy in the event a Yawuru Representative Member and an Alternate Member is unable to attend a meeting of the Yawuru Park Council, subject to first notifying in writing the CEO (DPaW) and BSC (SoB) of the nomination and the name of the Yawuru Representative Member they are attending in lieu of.

(c)       All proxies appointed under this clause 3.1 have the same voting rights as the Representative Members they are notified to be replacing.

6.2     Temporary Vacancies

(a)       If at any time there is a Department (DPaW)  Representative Member or a BSC (SoB) Representative Member who temporarily cannot perform his or her responsibilities as a member of the Yawuru Park Council:

(i)         the CEO (DPaW)  or the BSC (SoB)  , as relevant, must notify the Yawuru RNTBC and the other Party in writing as soon as practicable of the name of the proxy and the absent Representative Member; and

(ii)        the nominated proxy shall replace the Representative Member on the Yawuru Park Council, until such time as the other Parties are notified in writing by the CEO (DPaW) or the BSC (SoB), as relevant, that their Representative Member has resumed his or her responsibilities as a Representative Member of the Yawuru Park Council.

(b)       If at any time a Department (DPaW)  Representative Member or BSC  (SoB)  Representative Member cannot perform his or her responsibilities as a member of the Yawuru Park Council permanently, or he or she vacates their position:

(i)         the CEO(DPaW) or BSC (SoB) as relevant, must notify the Yawuru RNTBC and the other Party in writing as soon as practicable of the vacancy and nominate a proxy to attend the Yawuru Park Council meeting instead; and

(ii)        the proxy shall replace that Representative Member as a member of the Yawuru Park Council, until the Yawuru RNTBC and the other Party are notified in writing by the CEO (DPaW) or BSC (SoB) as relevant, that a permanent Representative Member has been nominated to the Park Council.

(c)       If at any time a proxy nominated pursuant to this clause 3.2(a) or (b) cannot perform his or her responsibilities as a proxy or vacates their position, the CEO (DPaW) or BSC (SoB), as relevant, may nominate another proxy to replace them provided that the Yawuru RNTBC and the other Party are notified in writing of any such nomination.

6.3     Yawuru representatives

(a)       If at any time a Yawuru Representative Member temporarily cannot perform his or her responsibilities as a member of the Yawuru Park Council:

(i)        Any one of the Alternative Members can take the place of the permanent Yawuru Representative Members for the duration of the period in which that permanent Yawuru Representative Member is unavailable to attend meetings of the Park Council;

(ii)       the Alternate Member shall be entitled to act as the Yawuru Representative Member until the permanent Yawuru Representative Member has resumed his or her responsibilities as a Yawuru Representative Member; and

(iii)      The Yawuru RNTBC may appoint a proxy to fill in for the Alternate Member for the duration of that person acting in the role of Yawuru Representative Member subject to notifying the other Parties in writing of the nomination.

(b)       If at any time a Yawuru Representative Member cannot perform his or her responsibilities as a Yawuru Representative Member permanently or he or she vacates their position:

(i)         the Yawuru RNTBC must notify the other Parties in writing as soon as practicable of the vacancy;

(ii)        one of the Alternate Members will replace the permanent Yawuru Representative Member unless the other Parties are notified in writing by the Yawuru RNTBC that a new Yawuru Representative Member has been appointed as a Yawuru Representative Member of the Yawuru Park Council; and

(iii)        the Yawuru RNTBC shall facilitate, as soon as practicable, the appointment of a new Alternate Member if the Yawuru RNTBC deems it necessary to do so.

(c)       If at any time an Alternate Member cannot perform his or her responsibilities as an Alternate Member or vacates their position if the Yawuru RNTBC deems it necessary, it will facilitate as soon as practicable the appointment of a new Alternate Member and shall notify the other Parties in writing of the appointment.

7.       Term of appointment

(a)       Membership of the Yawuru Park Council is for a period of two and a half years for 2 of the Yawuru Representative members, five (5) years for each of the other Yawuru Representative Members, Department (DPaW) Representative Members and BSC (SoB) Representative Members (or the balance of the relevant 5 year period in the case of a person filling a vacancy).

(b)       Representative Members are eligible to apply to their respective responsible entity for re-appointment for unlimited subsequent terms.

(c)       If at the commencement of this Agreement a Yawuru Park Council has been formed under a prior agreement containing terms consistent with this clause, then those members are deemed to be members of the Yawuru Park Council under this Agreement for the balance of the relevant 5 year period.

8.     Committees

The Yawuru Park Council may appoint committees (comprising Yawuru Park Council members and other persons) to investigate, consider, and advise or recommend such matters to the Yawuru Park Council as it thinks fit.

9.     Variation

These Terms of Reference may be amended from time to time as appropriate or necessary with the consent of the parties to the Joint Management Agreement.

 

10.  ESTABLISHMENT

 

Clause 9 Joint Management Agreement.

 

5.         MEMBERSHIP

 

In addition to Point 4 above, Representatives and Proxies shall hold office until:

 

1.         The person no longer holds the office by virtue of which the person became a member.

2.         The person resigns from membership of the Yawuru Park Council.

3.         The Yawuru Park Council is disbanded, or,

4          The next local government ordinary elections day.

 

6.         DELEGATED AUTHORITY

 

The Yawuru Park Council is the governance structure within which the joint management is manifested. It does not have delegated authority. Unless provision has been made in the Shire Budget for Shire expenditure, an officer report is to be presented to Council for authorisation of any proposed expenditure.

 

Matters such as the adoption of a management plan impacting land with a management order in favour of the Shire, the formulation of a policy position for the Shire, and decisions which could affect the legal rights of third parties in relation to the land, would all require a prior decision of the Shire Council.

 

7.         COMMITTEE

 

See 8 above

 

8.         MEETINGS

 

See 5 above

 


 

APPENDIX 1 – Form – Declaration of Interest – Working Groups & Committees

 

 

Refer following pages for forms.


 

DECLARATION OF FINANCIAL INTEREST

WORKING GROUPS & COMMITTEES

 

To the Chairperson of ………………………………………………………………………………..……. Working Group / Committee:

 

I …………………………………………… hereby declare an interest under Section 5.65 of the Local Government Act 1995, in the following items listed in the Agenda for the Working Group / Committee Meeting as notated above held on ……...………………………………….

 

Item #

Page #

Item Title

Financial/ Proximity

Nature of Interest

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

I understand that I must not preside, participate in, or be present during any discussion or decision making procedure relating to the matter, unless and to the extent that the disclosing Working Group / Committee member is permitted to do so under Section 5.68 or 5.69 of the Local Government Act 1995.

 

 

……………………………………………..                          ……………………………………………..

Signature                                                                 Date

 

…………………………………………….

Print Name


 

Text Box: STATEMENT FOR
INTERESTS AFFECTING IMPARTIALITY
COMMITTEES

RECORDS FILE REF: GOC02

 

 

 

 

I ………………………………………….. declare that for the ………………………………………… Committee Meeting to be held on ………………………………..that:

 

“With regard to Item No. ……….. titled ……………………………………………. ………………………………………………………………………………………………………….

I disclose that I have an association with……………………………………………………...

………………………………………………………………………………………………………….

……………………………………………………  As a consequence, there may be a perception that my impartiality in the matter may be affected.

 

I declare that I will consider this matter on its merits and vote accordingly”.

 

 

 

……………………………………………                  ……………………………………….

Signature:                                          Date:

 


Agenda – Ordinary Meeting of Council 26 November 2015                                                                     Page 940 of 941

 

9.4.6      CAPE LEVEQUE ROAD: PARTIAL ROAD CLOSURE FOR 2015/2016 WET SEASON

LOCATION/ADDRESS:                            Broome Cape Leveque Road

APPLICANT:                                              Nil

FILE:                                                           ENR01 - BRO-3/GEN

AUTHOR:                                                   Executive Support Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director of Engineering Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    30 October 2015

 

SUMMARY:         This report recommends closing the Broome - Cape Leveque Road to vehicles with a gross vehicle mass of 11 tonnes or more for the 2015/16 wet season, in accordance with regular practice.

 

BACKGROUND

 

Previous Considerations

 

OMC 23 November 2006             Item 9.5.1

OMC 18 December 2007            Item 9.5.1

OMC 25 September 2008            Item 9.5.1

OMC 20 November 2008             Item 9.5.1

OMC 29 October 2009                 Item 9.5.2

OMC 28 October 2010                 Item 9.4.3

OMC 24 November 2011             Item 9.5.2

OMC 29 November 2012             Item 9.4.6

OMC 21 November 2013             Item 9.4.4

OMC 27 November 2014             Item 9.4.3

 

STANDING GENERAL ROAD RESTRICTIONS

 

The Broome – Cape Leveque Road is a Network 2 Restricted Access Vehicle (RAV) permit route. This allows for B-double vehicle use, but vehicles of greater configuration than RAV 2 are permitted to travel on the road only under a written permit.

 

This restriction applies all year round and was instigated due to concerns about the narrow nature of the pindan (unsealed) road width available, the cross-slope of the road surface, the amount of dust generated and the length of vehicles.

 

NORMAL WET SEASON RESTRICTIONS

 

Given the very difficult wet and boggy conditions created in wet weather on the 89km section of unsealed pindan on the Broome - Cape Leveque Road, Council has previously resolved to minimise the damage from traffic during the wet season by limiting the weight of vehicles through the imposition of a partial road closure.  At times, it is also necessary to fully close the road to protect its serviceability.  From previous experience, these measures have proven to be the best way to both maintain essential general community access and to prolong essential heavy vehicular access to the communities during the wet season.

 

Under the Local Government Act 1995, a partial road closure involves advertising the proposed closure, inviting and then considering any submissions received prior to a report to and a decision by Council.  A copy of Council’s resolution to implement a partial road closure is forwarded to the Commissioner of Main Roads.

 

Recognised essential services operators are still able to deliver fuel and food supplies throughout the wet season under permit.  In accordance with past practice, there are normally four (4) operators who have the current community contracts and would normally be granted these permits.  These are Dean Wilson Transport, Fueltrans on behalf of BP, Toll Express and Caltex Energy. 

 

The road is generally closed to other heavy vehicles, but it has been found on occasions that other companies will have essential business involving heavy transport and they have been permitted on the road under special conditions. This approval is determined by the Chief Executive Officer. It is recognised that activity on the peninsula is gradually increasing and that demand for travel during the wet season is also increasing.

 

During the wet season, the Shire’s Infrastructure Staff monitor rainfall via the Bureau of Meteorology Website and when warranted, inspections of the road are carried out.  By this means, an assessment of the actual condition and driveability of the unsealed section of the road can be determined, advice provided to travellers and control exercised over heavy vehicle usage.

 

During very wet periods, the Broome - Cape Leveque Road and other unsealed roads within the Shire may be subject to full closure at short notice.

COMMENT

 

A Partial Road Closure was publicly advertised for the Broome – Cape Leveque Rd for the period from 1 December 2015 to 31 March 2016.

 

The partial closure of the Broome-Cape Leveque Road to vehicles of 11 tonnes or more has proven successful in past wet seasons and Officers recommend that a partial road closure be implemented for the upcoming wet season.

 

CONSULTATION

 

An advertisement was placed in the Broome Advertiser on 5 November 2015 inviting submissions from the public.

 

No submissions were received during the public submission period.

 

STATUTORY ENVIRONMENT

 

Local Government Act, 1995 Section 1.7

1.7.    Local public notice

      (1)     Where under this Act local public notice of a matter is required to be given, a notice of the matter is to be — 

                 (a)     published in a newspaper circulating generally throughout the district; and

                 (b)     exhibited to the public on a notice board at the local government’s offices; and

                 (c)     exhibited to the public on a notice board at every local government library in the district.

      (2)     Unless expressly stated otherwise it is sufficient if the notice is — 

                 (a)     published under subsection (1)(a) on at least one occasion; and

                 (b)     exhibited under subsection (1)(b) and (c) for a reasonable time, being not less than — 

                               (i)     the time prescribed for the purposes of this paragraph; or

                              (ii)     if no time is prescribed, 7 days.

               [Section 1.7 amended by No. 64 of 1998 s. 18(3).]

 

Local Government Act, 1995 Section 3.50

 

Subdivision 5 — Certain provisions about thoroughfares

3.49.       Repealed by No. 64 of 1998 s. 14(1).]

 

3.50.  Closing certain thoroughfares to vehicles

(1)         A local government may close any thoroughfare that it manages to the passage of vehicles, wholly or partially, for a period not exceeding 4 weeks.

(1a)            A local government may, by local public notice, order that a thoroughfare that it manages is wholly or partially closed to the passage of vehicles for a period

exceeding 4 weeks.

(2)         The order may limit the closure to vehicles of any class, to particular times, or to such other case or class of case as may be specified in the order and may contain exceptions.

(3)         repealed]

(4)         Before it makes an order wholly or partially closing a thoroughfare to the passage of vehicles for a period exceeding 4 weeks or continuing the closure of a thoroughfare, the local government is to — 

(a)        give local public notice of the proposed order giving details of the proposal, including the location of the thoroughfare and where, when, and why it would be closed, and inviting submissions from any person who wishes to make a submission;

(b)        give written notice to each person who — 

(i)          is prescribed for the purposes of this section; or

(ii)         owns land that is prescribed for the purposes of this section; and

(c)        allow a reasonable time for submissions to be made and consider any        submissions made.

(5)         The local government is to send to the Commissioner of Main Roads appointed under the Main Roads Act 1930 a copy of the contents of the notice required by subsection (4)(a).

(6)         An order under this section has effect according to its terms, but may be revoked by the local government, or by the Minister, by order of which local public notice is given.

[(7)        repealed]

(8)         If, under subsection (1), a thoroughfare is closed without giving local public notice, the local government is to give local public notice of the closure as soon as practicable after the thoroughfare is closed.

(9)         The requirement in subsection (8) ceases to apply if the thoroughfare is reopened.

[Section 3.50 amended by No. 1 of 1998 s. 11; No. 64 of 1998 s. 15;

No. 49 of 2004 s. 26.]

 

3.50A.        Partial closure of thoroughfare for repairs or maintenance

Despite section 3.50, a local government may partially and temporarily close a          thoroughfare, without giving local public notice, if the closure —

(a)        is for the purpose of carrying out repairs or maintenance; and

(b)        is unlikely to have a significant adverse effect on users of the thoroughfare.

[Section 3.50A inserted by No. 64 of 1998 s. 16.]

 

Section 92 Road Traffic Act, 1974

 

92.     Roads may be closed

(1)          The Minister may, if he considers any road unsafe for public traffic, cause the same to be closed for such period as he considers necessary.

(2)          A local government for a period of one month may exercise a similar power with regard to any road under its control, but the exercise of such power shall not extend beyond such period, except with the approval in writing of the Minister.

(3)          No person shall drive, take, or use any vehicle on to or on any road while such road is closed under this section.

[Section 92 amended by No. 14 of 1996 s. 4.]

 

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.

 

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

 

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.         Partially closes the Broome - Cape Leveque Road to the passage of vehicles:

 

a.      Of all classes of gross vehicle mass (GVM) 11 tonnes or more,

b.      For the period from1 December 2015 to 31 March 2016,

c.      From the end of the bitumen south of the Manari Road turn-off to the start of northern sealed section south of Beagle Bay;

 

2.         That the Commissioner of Main Roads Western Australia be advised of this decision.

 

 

Attachments

1.

Cape Leveque Road Partial Road Closure advertisement

  


Item 9.4.6 - CAPE LEVEQUE ROAD: PARTIAL ROAD CLOSURE FOR 2015/2016 WET SEASON

Cape Leveque Road Partial Road Closure advertisement

 

 

 

PARTIAL ROAD CLOSURE

BROOME - CAPE LEVEQUE ROAD

 

Users of the Broome Cape Leveque Road are advised of the proposed partial road closure of a section of the Broome – Cape Leveque Road from the end of the bitumen south of the Manari Road turn-off to the start of the northern sealed section south of Beagle Bay, to all classes of vehicles of gross vehicle mass (GVM) 11 tonnes or more for the 2015/2016 wet season. 

The wet season commences from when appreciable rain occurs, or from 1 December 2015 (whichever occurs first) through to 31 March 2016. 

 

Exemption permits will be only considered for heavy vehicles in excess of 11 tonne GVM when assessed as providing transport servicing the essential needs of Peninsula Communities or as otherwise determined by the CEO.

 

The load limit will be strictly enforced in the interests of keeping the road open for all Community traffic for as long as possible and for emergency purposes.

 

All other 4WD road users are advised to restrict use during heavy rain periods, or when water is flowing on the road.

 

The road may also be totally closed to ALL traffic at short notice, during very wet periods.

 

Submissions from any person/s who may be affected by the partial road closure will be received up until noon Thursday 12 November 2015. These should be addressed to the CEO, Shire of Broome, PO Box 44, Broome WA 6725 or Fax 9191 3455. 

 

All enquiries should be made to the Infrastructure Department on 9191 3408.

 

 

K R Donohoe
Chief Executive Officer


Agenda – Ordinary Meeting of Council 26 November 2015                                                                     Page 946 of 947

This item and any attachments are 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”.

9.4.7      BUDGET AMENDMENT - BROOME TOWNSITE COASTAL HAZARD RISK MANAGEMENT AND ADAPTATION PLAN (CHRMAP)

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           ACC06

AUTHOR:                                                   Strategic Planning Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director of Development Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    30 October 2015

 

SUMMARY:         The Shire has received grant funding to prepare a Coastal Hazard Risk Management and Adaptation Plan (CHRMAP)for the townsite of Broome, to help implement the outcomes of the Coastal Vulnerability Study. The funding conditions require a dollar for dollar contribution by the Shire. This report requests that Council amend the 2015/16 budget to allocate $100,000 to the CHRMAP, as identified in the Corporate Business Plan. It is proposed that the $50,000 of municipal funds required be allocated from savings achieved in the Development Services Directorate during the first quarter of this financial year. 

Attachments

1.

Attachment 1 - Letter of Success

  


Agenda – Ordinary Meeting of Council 26 November 2015                                                                     Page 947 of 948

 

9.4.8      Shire of Broome Directory 2017 and 2018

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           14/09

AUTHOR:                                                   Media and Promotions Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Chief Executive Officer

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    12 November 2015

 

SUMMARY:         The Shire of Broome Directory is distributed free of charge each year to residents and businesses, and made available online. It contains residential, business and community contact listings, information on Council and Shire of Broome services, emergency information, tide charts, bus timetables and more.

Council approval is now sought to appoint the WA Local Government Association Procurement Consultancy Service to manage the tender process for the production, printing and distribution of the 2017 Shire of Broome Directory with an option for 2018.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 14 February 2008                Item 9.1.4

SMC 19 June 2008                         Item 9.1.2

OMC 3 July 2008                            Item 12.1

OMC 26 August 2008                    Item 12.2

OMC 16 April 2009                        Item 9.1.1

OMC 14 May 2009                        Item 9.1.2

OMC 4 August 2009                      Item 9.1.2

OMC 15 April 2010                        Item 9.1.1

OMC 2 August 2010                      Item 9.1.1

OMC 14 April 2011                        Item 9.1.1

OMC 29 September 2011            Item 9.1.1

OMC 19 April 2012                        Item 9.4.7

OMC 16 May 2013                        Item 9.4.5

OMC 24 April 2014                        Item 9.4.5

OMC 30 April 2015                        Item 9.4.4

 

In 2008 Council first endorsed the WALGA Procurement Consultancy Service (formerly known as the WALGA Tender Bureau Service) to independently write, advertise and evaluate the tender for the Shire of Broome Directory, and required that Community Benefit be included as a criteria.

 

The decision to put the contract for production of the Directory out to tender, and to have this process managed independently by WALGA, was made to ensure that local operators were provided an opportunity to compete for the contract through a process that was fair, independent and transparent.

 

This arrangement has continued and the Shire of Broome Directory has subsequently been put out to tender in 2008, 2010, 2012 and 2014 and on each of these occasions Market Creations Pty Ltd has been the successful tenderer. The 2016 Shire of Broome Directory is now in production for distribution early next year under the final year of the current contract.

 

COMMENT

 

The Shire of Broome Directories produced by Market Creations have been well received by the community, and the production and distribution process has run smoothly. Under the current contract the benefit to the community includes payment of $80,000 each year to the Shire of Broome and $30,000 each year to the Broome Chamber of Commerce and Industry.

 

Market Creations is a WALGA Preferred Supplier and as such Council is not required to call for tenders if it wishes to award the 2017 and 2018 contract to Market Creations. However, the officer’s recommendation is that the directory again be put to tender so as to provide an opportunity for local operators to bid for the contract. The Shire of Broome Local Regional Price Preference Policy 1.2.9 would continue to be included in the tender specification to maximise opportunities for the economic development of business and industry in the Shire.  

 

The recommendation is also to utilise the WALGA Procurement Consultancy Service to conduct the tender process. WALGA has an established procurement consultancy team of qualified specialists with long-standing experience in numerous areas dedicated to the provision of high quality and fully compliant procurement services to local government.

 

The benefits of using the WALGA Procurement Consultancy Service to conduct the tender include:

 

·    Independence – Provides impartiality to the procurement process with no vested interest in the procurement outcome. This assists in eliminating perceived bias relative to existing supplier relationships.

·    Transparency - Demonstrates transparency to stakeholders in decision making through the documentation and reporting provided.

·    Risk Management – Minimises regulatory and procurement risk.

·    Probity – The ability to assess a procurement process from a neutral perspective, free from internal or local barriers or obligations.

·    Professionalism – The Service delivers specialist procurement expertise in all aspects of the procurement process.

·    Efficiency – The Service offers increased procurement process efficiencies through its team of procurement professionals and the systems utilised.

 

A quote of $6783.75 has been received for the WALGA Procurement Consultancy Service to manage the process. This includes reviewing the tender specification, preparing Request for Tender documentation, advertising, managing enquiries and receiving submissions through the open period, evaluating and scoring submissions, preparing a recommendation report, preparing contract documentation and notification letters, and conducting supplier debriefs.     

 

The tender process would run in early 2016 and at the conclusion an assessment report and recommendation would be presented to Council for its endorsement.

CONSULTATION

 

WA Local Government Association Procurement Consultancy Service.

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

 

1.8        Statewide public notice

 

Where under this Act Statewide public notice of a matter is required to be given, section1.7 applies except that the newspaper referred to in section 1.7(1(a)) is required to circulate generally throughout the State.

 

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

 

5 R14 and R15

 

14. 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 tendering 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.]

 

15. 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.

 

 

POLICY IMPLICATIONS

 

Local Regional Price Preference Policy 1.2.9

 

FINANCIAL IMPLICATIONS

 

The Shire of Broome has historically been paid a Production Fee by the tenderer, and all costs associated with the production, printing and distribution of the Directory will be met by the tenderer.

 

A quote for $6783.75 has been received for the WALGA Procurement Consultancy Service to manage the tender process. There is $6000 allocated in the Shire of Broome 2015/16 Budget for this purpose and the remainder can be covered through the quarterly FACR process. 

 

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.

 

High level social capital to increase 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:

 

Effective community engagement.

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Engage the WA Local Government Association Procurement Consultancy Service to independently operate the tender process for the Shire of Broome Directory for 2017 with an option for 2018.

2.       Be presented with a recommendation report at the end of the process to award the tender for the Shire of Broome Directory for 2017 with an option for 2018.

 

 

Attachments

Nil  


 

10.

REPORTS

OF

COMMITTEES


Agenda – Ordinary Meeting of Council 26 November 2015                                                                     Page 953 of 954

 

10.1       MINUTES OF THE BROOME CEMETERY ADVISORY COMMITTEE MEETING HELD 7 OCTOBER 2015

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           CTE39

AUTHOR:                                                   Senior Administration and Governance Officer

CONTRIBUTOR/S:                                    Manager Governance

RESPONSIBLE OFFICER:                          Director Corporate Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    20 October 2015

 

SUMMARY:         This report presents the minutes of the Broome Cemetery Advisory Committee (BCAC) held 7 October 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 7 October 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 6 August to 7 October 2015 and made the following recommendation to Council:

 

COMMITTEE RECOMMENDATION:

(REPORT RECOMMENDATION)

Moved: Cr A Poelina                                               Seconded: Mr R Crook

That the Broome Cemetery Advisory Committee notes the Burial Status Report for the period 6 August to 7 October 2015 inclusive. 

CARRIED UNANIMOUSLY 6/0

 

********

 

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

 

COMMITTEE RECOMMENDATION:

(REPORT RECOMMENDATION)

Moved: Ms A Booth                                                 Seconded: Cr A Poelina

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

CARRIED UNANIMOUSLY 6/0

 

********

 

A report was presented to the Committee providing details of the comments received from the community and stakeholders following Community Engagement process for the Draft Broome Cemetery Master Plan.  The advertising period commenced on the 30 July 2015 and closed on 1 October 2015, with 13 submissions being received.

 

The Committee received the submissions on the Broome Cemetery Draft Master Plan and made the following recommendation to Council:

 

COMMITTEE RECOMMENDATION:

(REPORT RECOMMENDATION)

Moved: Mr R Crook                                                  Seconded: Fr M Boyers

That the Committee:

 

1)         Receives the submissions on the Broome Cemetery Draft Master Plan;

 

2)         Requests the Chief Executive Officer to review submissions and provide recommendations on the Broome Cemetery Draft Master Plan to the Broome Cemetery Advisory Committee.

CARRIED UNANIMOUSLY 6/0

 

********

 

The Committee held a brief discussion regarding the number of unmarked graves within the Broome Cemetery and made the following recommendation to Council:

 

COMMITTEE recommendation:

Moved: Ms A Booth                                                 Seconded: Mr R Crook

That the Chief Executive Officer be requested to investigate marking in some form or other of all graves so as to identify that there is a possible interment in that area.

 

CARRIED UNANIMOUSLY 6/0

 

********

 

Former Cr Graeme Campbell presented a letter to the Committee at the meeting applying for membership to the Broome Cemetery Advisory Committee as a Community Member.

 

The Committee made the following recommendation to Council: 

 

COMMITTEE recommendation

Moved: Ms C Masuda                                             Seconded: Cr A Poelina

That the Committee recommends that Council appoint Graeme Campbell to the Broome Cemetery Advisory Committee.

CARRIED UNANIMOUSLY 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

Options and costs associated with the marking of graves will be investigated by the Infrastructure Department and reported back to the Broome Cemetery Advisory Committee for a recommendation to Council. 

 

RISK

 

The risk of not adequately considering the submissions made during the public consultation period is a “High” risk, as it would be “Likely” that there would be a “Moderate” impact to the Shire’s reputation.  This risk would be mitigated by appropriately considering and making comment against all submissions received during the public consultation period.

 

It is considered that the risks associated with the other recommendations contained within this report are 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 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:

 

An organisational culture that strives for service excellence

 

Effective community engagement

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Absolute Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Receives the Broome Cemetery Advisory Committee Minutes of 7 October 2015, and endorses the recommendations contained in the attached Minutes document.

2.       Appoints Graeme Campbell as a member of the Broome Cemetery Advisory Committee as a community representative.

3.       Requests the Chief Executive Officer to update the Terms of Reference accordingly.

 

(Absolute Majority Required)

 

Attachments

1.

Minutes BCAC 7 October 2015

  


Item 10.1 - MINUTES OF THE BROOME CEMETERY ADVISORY COMMITTEE MEETING HELD 7 OCTOBER 2015

Minutes BCAC 7 October 2015

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Item 10.1 - MINUTES OF THE BROOME CEMETERY ADVISORY COMMITTEE MEETING HELD 7 OCTOBER 2015

Minutes BCAC 7 October 2015

 

 


 


 


 


 


 


 


 


Item 10.1 - MINUTES OF THE BROOME CEMETERY ADVISORY COMMITTEE MEETING HELD 7 OCTOBER 2015

Minutes BCAC 7 October 2015

 

 


 


Agenda – Ordinary Meeting of Council 26 November 2015                                                                     Page 984 of 985

 

10.2       MINUTES ARTS CULTURE AND HERITAGE ADVISORY COMMITTEE MEETING 15 OCTOBER 2015

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           RCS12

AUTHOR:                                                   Youth and Community Development Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Deputy Chief Executive Officer

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    30 October 2015

 

SUMMARY:         This report presents the Minutes and associated recommendations of the Arts, Culture and Heritage Advisory Committee meeting held 15 October 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

 

COMMENT

The Minutes of the ACHAC meeting held 15 October 2015 are attached. At this meeting one item was considered:

5.1     Provision of Public Art Masterclass for Local Artists    

This report outlines a proposal to hold a two day public art workshop in Broome for local artists in response to community feedback received during the preparation of the Public Art Master Plan.  The ACHAC was requested to make a recommendation regarding the level of fee subsidy to be provided by the Shire of Broome for Council’s consideration.

The ACHAC recommends that a 50 per cent subsidy is offered by the Shire of Broome and participants are charged a fee of $95 to attend. In order to ensure the Masterclass is accessible to all community members the committee also recommends that a concession card holders rate of $60 per person is applied and that any support workers who may accompany an artist will be admitted free of charge.

 

CONSULTATION

As outlined in the Minutes attached.

 

STATUTORY ENVIRONMENT

As outlined in the Minutes attached however the recommendation is to set a new fee for these workshops in accordance with the Local Government Act 1995. 

 

POLICY IMPLICATIONS

As outlined in the Minutes attached.

 

 

FINANCIAL IMPLICATIONS

 

Officers have sought a quotation from Artsource which is currently the only recognised supplier of this master class series.  The cost breakdown of delivering the series is outlined in the table below.

 

Service:

Public Art Masterclass

Cost

Remarks

Artist/Consultant Fees

6,500

3 artists/consultants x 3 days plus travel

Flights

1,800

3 x $600 Perth – Broome return

Accommodation

960

3 x nights

Per Diems

720

$80/night x 3 nights x 3 people

Venue hire

780

 

Catering and materials

600

 

Promotion

400

 

TOTAL

$11,760

 

2015/16 Budget allocation

$11,850

GL account 116120

Artsource is the peak body in Western Australia for visual arts and reports that it charges a fee of approximately $190 for a two day workshop for Perth based training. 

It is recommended the Shire provides a 50% subsidy to the recommended workshop fee resulting in each participant paying $95. It is also recommended that a concession card holders rate of $60 per person is made available. It is envisaged that the workshops will attract approximately 10 participants.  Based on a fee of $95 per participant, this would generate income of $950 which could be used to offset some of the Shire’s costs.  This figure may vary based on participant numbers and provision of the concession fee.

It is recommended a budget amendment is presented to Council as part of the second quarter Financial and Costings Review to account for the income generated by the subsidised fee.

 

RISK

As outlined in the Minutes attached.

 

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

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

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:

An organisational culture that strives for service excellence

Responsible resource allocation

Effective community engagement

 

VOTING REQUIREMENTS

Absolute Majority

 

REPORT RECOMMENDATION:

That Council receives the Minutes of the Arts Culture and Heritage Advisory Committee meeting held on 15 October 2015 and endorses the recommendations of the Committee (as contained in the Minutes attached) enbloc.

(Absolute Majority Required)

 

Attachments

1.

ACHAC Minutes 151015

  


Item 10.2 - MINUTES ARTS CULTURE AND HERITAGE ADVISORY COMMITTEE MEETING 15 OCTOBER 2015

ACHAC Minutes 151015

 

 


 


 


 


 


 


 


 


 


 


 


 


 


Agenda – Ordinary Meeting of Council 26 November 2015                                                                Page 1000 of 1001

 

10.3       BUSH FIRE ADVISORY COMMITTEE MEETING MINUTES 14 OCTOBER 2015

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           AFC05

AUTHOR:                                                   Executive Support Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director of Development Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    29 October 2015

 

SUMMARY:         The Bush Fire Advisory Committee (BFAC) met on 14 October 2015. This report requests that Council receive and endorse the minutes and adopt the recommendations of the meeting, and to receive and note the Status Report of Actions undertaken associated with previous meetings.

 

BACKGROUND

 

Previous Considerations

 

OMC 30 April 2015                             Item 10.1

OMC 25 June 2015                            Item 10.3

OMC 30 July 2015                              Item 10.1

 

The Bush Fire Advisory Committee meets a minimum of twice per year to provide advice to the Shire of Broome on:

 

1.   All matters relating to the prevention, controlling and extinguishing of bushfires.

2.   The planning and layout of fire breaks in the district.

3.   Prosecutions for breaches of the Bush Fire Act 1956.

4.   The formation of Bush Fire Brigades.

5.   Coordination and cooperation between agencies within the district.

 

COMMENT

The unconfirmed minutes of the meeting held 14 October 2015 includes (Attachment 1):

 

1.   Correspondence In/Out

2.   The Department of Fire and Emergency Services Report

3.   The proposed new DFES Facility – Volunteer Bush Fire Brigade Site

4.   Round Table Discussion on updates from each organisation

5.   Status Report (Attachment 2)

 

No formal resolution that requires Council consideration was passed at BFAC meeting. It is however important for Council to note that a new site has been identified for a Bushfire Management Facility along Broome Road, as included in the unconfirmed minutes. Council should also note that Officers will continue to work with the Department of Fire and Emergency Services to progress this facility within budget constraints and operational capacity.

 

CONSULTATION

 

As per membership of the BFAC

 

STATUTORY ENVIRONMENT

 

Bush Fires Act 1954

 

Section 67 – Advisory committees

 

1.       A Local Government may at any time appoint such persons as it thinks fit as a Bush Fire Advisory Committee for the purpose of advising the Local Government regarding all matters relating to the prevention, controlling and extinguishing of bush fires, the planning of the layout of firebreaks in the district, prosecutions for breaches of this Act, the formation of bush fire brigades and the grouping thereof under group brigade officers, the ensuring of co-operation and co-ordination of bush fire brigades in their efforts and activities, and any other matter relating to bush fire control whether of the same kind, as, or a different kind from, those specified in this subsection.

 

2.       A committee appointed under this section shall include a member of the Council of the Local Government nominated by it for that purpose as a member of the committee, and the committee shall elect one of their number to be Chairman thereof.

 

3.       In respect to a committee so appointed, the Local Government shall fix the quorum for the transaction of business at meetings of the committee and may:-

a.      make rules for the guidance of the committee;

b.      accept the resignation in writing of, or remove, any member of the committee, appoint a person to fill that vacancy.

c.      where for any reason a vacancy occurs in the office of a member of the committee, appoint a person to fill that vacancy.

 

4.       A committee appointed under this section:-

a.      may from time to time meet and adjourn as the committee thinks fit;

b.      shall not transact business at a meeting unless the quorum fixed by the Local Government is present;

c.      is answerable to the Local Government and shall, as and when required by the Local Government, report fully on its activities.

 

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

 

Accessible and safe community spaces

 

A healthy and safe environment

 

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

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Receives and endorses the minutes of the Bush Fire Advisory Committee of 14 October 2015.

2.       Receives and notes the actions undertaken by the Bush Fire Advisory Committee over the last 2 years contained in Attachment 2.

 

 

Attachments

1.

BFAC Minutes - 14 October 2015

2.

Attachment 2: BFAC Action Status Report

  


Item 10.3 - BUSH FIRE ADVISORY COMMITTEE MEETING MINUTES 14 OCTOBER 2015

BFAC Minutes - 14 October 2015

 

 


 


 


 


 


 


 


 


 


Item 10.3 - BUSH FIRE ADVISORY COMMITTEE MEETING MINUTES 14 OCTOBER 2015

BFAC Minutes - 14 October 2015

 

 


Item 10.3 - BUSH FIRE ADVISORY COMMITTEE MEETING MINUTES 14 OCTOBER 2015

Attachment 2: BFAC Action Status Report

 

 

 

02/04/2014

Item No 4.1

That the Bush Fire Advisory Committee (BFAC) requests the Shire to respond to the letter thanking Satellite Television and Radio Australia for the information but that the services are not required as Western Australia has a State alert system which is managed by the Department of Fire & Emergency Services and delivered via landline or mobile phones.

Complete

Minutes presented to Council on 22 May 2015

 

02/04/2014

Item No 6.1

That the Bush Fire Advisory Committee endorse the amended Bushfire Break Notice as attached.

Complete

Advertised

27/03/2014

02/04/2014

Item No 6.3

That the Bush Fire Advisory Committee:

1.     Establish a Strategic Fire Management Plan Sub-Committee consisting of representatives from Shire of Broome, Department Parks and Wildlife and Chief Bush Fire Control Officer.

2.     That the scope of works be prepared by the Strategic Fire Management Plan Sub-Committee for the preparation of a Strategic Fire Management Plan for the entire Shire District and that Grant Funding be sought for the development and implementation of the scope of works and where possible the Strategic Fire Management Plan Sub-Committee should be working with the YPC to seek opportunities to align funding and implementation arrangements.

Complete

1.     Committee was established

2.     Unfortunately no grant funding was received

 

29/04/2015 (Special)

Item No 7.2

 That the Bush Fire Advisory Committee confirms the following and advise Council accordingly:

1.     It is recommended that the attached Fire Break Notice be gazetted and published in the Shire of Broome newspaper.

 

2.     It is recommended that the BFAC endorses the following appointments and that they are gazetted and published in the local Broome newspaper.

 

a.    Steven Longo (DFES) Chief Bush Control Officer (CBFCO)

b.    Mark O’Connor Deputy Chief Bush Fire Control Officer (DCBFCO)

c.    Craig Burgess Deputy Chief Bush Fire Control Officer (DCBFCO)

d.    Amanda Spencer Bush Fire Control Officer (BFCO)

e.    Gail Harmon Bush Fire Control Officer (BFCO)

f.      David Neilson Bush Fire Control Officer (BFCO)

 

Complete

 

 

 

 

 

Complete

Notice published

 

17/06/2015

Item No 6.1

That the Bush Fire Advisory Committee receives and endorses the Department of Fire & Emergency Services Report

Complete

Details contained in report

 

17/06/2015

Item No 7.2

That the Bush Fire Advisory Committee:

1.     Notes Department of Parks & Wildlife is intending to undertake burns around Coconut Wells in the week commencing 22 June 2015.

2.     Notes Department of Parks & Wildlife will, as part of the process, undertake consultation with the community.

Complete

Burns conducted successfully and response from Community favourable.

 

17/06/201517/06/2015 Item No 8.1

That the Bush Fire Advisory Committee requests the Shire of Broome to organise a Rangers Forum, inviting all Ranger groups within the Shire to consider, amongst other things, Fire Management and Preparedness.

In progress

Rangers Forum being organised for Feb 2016

Feb 2016

 

 

 

 

 

 


Agenda – Ordinary Meeting of Council 26 November 2015                                                                Page 1015 of 1016

 

10.4       LOCAL EMERGENCY MANAGEMENT COMMITTEE MEETING MINUTES 14 OCTOBER 2015

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           LEMC02

AUTHOR:                                                   Executive Support Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director of Development Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    29 October 2015

 

SUMMARY:         The Local Emergency Management Committee (LEMC) met on the 14 October 2015. This report requests that Council receive and endorse the minutes and adopt the recommendations of the meeting, and to receive and note the Status Report of Actions undertaken associated with previous meetings.

 

BACKGROUND

 

Previous Considerations

 

OMC 26 February 2015                     Item 10.2

OMC 30 April 2015                             Item 10.4

OMC 15 October 2015                     Item 10.1

 

The Local Emergency Management Committee (LEMC) is established under the Emergency Management Act 2005 as a Committee of Council.  Its purpose is to assist the Broome Local Emergency Coordinator (Officer in Charge of Police sub-district) to develop and maintain effective emergency management arrangements for the local area. Its objectives include;

 

1.         Liaise with participating agencies in the development, review and testing of emergency management arrangements.

2.         Assist with the preparation of emergency management operating procedures for application in the local area.

3.         Prepare an annual report on Committee activities for submission to the District Emergency Management Committee.

4.         Participate in the emergency risk management process.

5.         Carry out other emergency management functions as directed by the District Emergency Management Committee.

 

COMMENT

The unconfirmed minutes of the meeting held 14 October 2015 includes (Attachment 1):

 

1.   Department of Transport – nationally accredited oil spill response course on 29 & 30 July 2015.

2.   Correspondence In/Out

3.   WA State Plan, Policy & Procedure Review Consultation Period.

4.   Field Airport Exercise on Saturday 31 October 2015.

5.   Round Table discussions on recent activities from each Organisation.

6.   Status Report (Attachment 2)

 

No formal resolution that requires Council consideration was passed at LEMC meeting.

 

CONSULTATION

 

As per the membership of the LEMC

 

STATUTORY ENVIRONMENT

 

Emergency Management Act 2005

 

Section 36 Functions of local government

It is a function of a local government —

 

(a)     subject to this Act, to ensure that effective local emergency management arrangements are prepared and maintained for its district;

(b)     to manage recovery following an emergency affecting the community in its district; and

(c)     to perform other functions given to the local government under this Act.

 

Section 41 Emergency management arrangements in local government district

 

(1)     A local government is to ensure that arrangements (local emergency management arrangements) for emergency management in the local government’s district are prepared.

(2)     The local emergency management arrangements are to set out —

(a) the local government’s policies for emergency management;

(b)  the roles and responsibilities of public authorities and other persons involved in emergency management in the local government district;

(c)  provisions about the coordination of emergency operations and activities relating to emergency management performed by the persons mentioned in paragraph (b);

(d) a description of emergencies that are likely to occur in the local government district;

(e)  strategies and priorities for emergency management in the local government district;

(f)   other matters about emergency management in the local government district prescribed by the regulations; and

(g)  other matters about emergency management in the local government district the local government considers appropriate.

(3)     Local emergency management arrangements are to be consistent with the State emergency management policies and State emergency management plans.

(4)     Local emergency management arrangements are to include a recovery plan and the nomination of a local recovery coordinator.

(5)     A local government is to deliver a copy of its local emergency management arrangements, and any amendment to the arrangements, to the SEMC as soon as is practicable after they are prepared.

 

Section 42 Reviewing and renewing local emergency management arrangements

(1)     local government is to ensure that its local emergency management arrangements are reviewed in accordance with the procedures established by the SEMC.

(2)     Local emergency management arrangements may be amended or replaced whenever the local government considers it appropriate.

 

Section 43 Local emergency management arrangements to be available for inspection

(1)     A local government is to keep a copy of its local emergency management arrangements at the offices of the local government.

(2)     The arrangements are to be available for inspection, free of charge, by members of the public during office hours.

(3)     The arrangements may be made available in written or electronic form.

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

Nil

 

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

 

A healthy and safe environment

 

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

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Receives and endorses the minutes of the Local Emergency Management Committee of 14 October 2015.

2.       Receives and notes the actions undertaken by Local Emergency Management over the last 2 years as contained in Attachment 2.

 

 

Attachments

1.

LEMC Minutes - 14 October 2015

2.

Attachment 2: LEMC Action Status Report

  


Item 10.4 - LOCAL EMERGENCY MANAGEMENT COMMITTEE MEETING MINUTES 14 OCTOBER 2015

LEMC Minutes - 14 October 2015

 

 


 


 


 


 


 


 


 


Item 10.4 - LOCAL EMERGENCY MANAGEMENT COMMITTEE MEETING MINUTES 14 OCTOBER 2015

Attachment 2: LEMC Action Status Report

 

 

 

18/12/2013

Item No 6.1

That LEMC write to Department of Regional Development and Department Fire & Emergency Services seeking funds to install lighting on the Water Corporation Reserve

Complete

Letter sent regarding potential desk top exercise in Bidyadanga

January 2014

18/12/2013

Item No 6.3

That the issue of identifying and planning for vulnerable individuals and groups within the Shire of  Broome be referred to the DEMC and the Kimberley CEEMO for advice and assistance on managing this issue not only in the Shire of Broome but for all Local Governments across the Kimberley

Complete

Letter sent regarding vulnerable communities

January 2014

18/12/2013

Item No 6.4

LEMC to write to SEMC, WALGA and Red Cross to determine what training is available for LEMC Members.

Complete

Letter sent regarding potential training opportunities

January 2014

18/12/2013

Item No 6.6

That a steering committee be established to determine an organisational structure comprising – DCP, Red Cross, Save the Children & Shire of Broome.

Complete

A recovery sub-committee was established

January 2014

18/12/2013

Item No 6.8

That LEMC writes to the Kimberley CEEMO requesting assistance to develop an Emergency Management Desk Top exercise for the Shire of Broome involving Broome and the Bidyadanga community.

Complete

Unfortunately no exercise was undertaken.

 

18/12/2013

Item No 6.10

That this matter be referred to the Kimberley Zone of WALGA and DEMC to discuss in relation to regional community safety.

Complete

Matter referred to the Kimberley Zone

 

6/03/2014

Item No 6.4

That the Recovery Sub committee also include Department of Aboriginal Affairs (DAA).

Complete

DAA invited to sub-committee meetings

 

6/03/2014

Item No 6.6

That LEMC writes to the Department of Fire Emergency Services (DFES) requesting assistance to develop an Emergency Management Desk Top exercise for the Shire of Broome involving Broome and the Bidyadanga community.

Complete

Letter sent regarding potential desk top exercise in Bidyadanga

January 2014

22/05/2014

Item No 6.1

That LEMC presents an item to Kimberley Regional Zone to gain support for a grant application to be submitted to AWARE to undertake a research study into the risk or hazards of concern to vulnerable individuals and groups.

Complete

Letter sent regarding potential desk top exercise in Bidyadanga

January 2014

22/05/2014

Item No 6.2

That LEMC:

 

Writes to parties who responded thanking them for their responses.

 

Requests SEMC to provide a 1 day introduction to Emergency Management for all interested LEMC members.

 

Request the Shire of Broome to submit an application to the AWARE programme on behalf of LEMC for increased consultant and training to be undertaken with individual members and groups in the preparation of the Local Emergency Management Arrangements.

 

Request the Shire of Broome to develop an Exercise Schedule that identifies hazards both desktop and live, and that this be circulated to members’ to provide input and update where relevant.

 

 

 

 

 

 

 

 

Complete

 

 

 

 

 

Complete

 

 

 

 

 

 

 

 

Allocation submitted but unfortunately was unsuccessful

 

 

 

Exercise Schedule now standing part of Agenda

 

22/05/2014

Item No 6.3

That LEMC notes the efforts by the Shire of Broome to date with regards to the review of the LEMA and Schedule of Emergency Management plans.

Complete

Noted and presented to Council in July 2014

 

16/07/2014

Item No 7.1

That the Committee, subject to minor modifications being made, as discussed:

1.     Endorses the attached Shire of Broome Local Emergency Management Committee Annual Report 2013/14;

2.     Endorses the attached Shire of Broome Local Emergency Committee Capability Assessment;

3.     Adopts the Shire of Broome Local Emergency Management Committee Business Plan 2014/15;

4.     Authorises the Chairman to engross relevant documents and forward a copy to the State Emergency Management Committee; and

5.     Forwards copies to Council to note the achievements of 2013/14, the capabilities of the Committee and the planning for actions 2014/15.

Complete

Reports presented to and endorsed by Council on28 August 2015

 

16/07/2014

Item No 7.2

That the Committee receives the draft Local Emergency Management Plan and requires all members to provide feedback on the Plan by no later than Friday 1 August 2014.

Complete

 

 

16/07/2014

Item No 7.3

That the Committee receives the draft Local Recovery Plan and requires all members to provide feed back on the Recovery Plan to the Shire of Broome by no later than Friday 1 August  2014.

Complete

 

 

16/07/2014

Item No 7.4

That the Committee recommends to Council to support a funding application for the research into risks for vulnerable groups and individuals within the whole Kimberley.

Complete

Matter referred to the Kimberley Zone

 

17/09/2014

Item No 6.5

That the committee endorses the Local Emergency Management Plan 2014 and forwards it to Council prior to forwarding the documents to the State Emergency Management Committee.

Complete

LEMA endorsed by Council on 23 October 2014

 

17/09/2014

Item No 6.6

That the Committee endorses the Local Recovery Plan 2014 and forwards it to Council prior to forwarding the documents to the State Emergency Management Committee.

Complete

Recovery Plan  endorsed by Council on 23 October 2014

 

17/09/2014

Item No 7.1

That the Committee supports the Shire of Broome writing to the Department of Housing to get residents to commence their cyclone clean up.

Complete

 

 

18/03/2015

Item No 7.1

That Local Emergency Management Committee note the Local Emergency Management Plan for the Provision of Welfare Support Shire of Broome 2014

Complete

 

 

18/03/2015

Item No 7.2

That Local Emergency Management Committee (LEMC):

1.     Adopt the Local Emergency Management Plan 2014.

2.     Adopts the Recovery Plan 2014.

3.     Endorse the appointment of Councillor Mitchell as Recovery Coordinator and Director Development Service as Deputy Recovery Coordinator.

Complete

Endorsed by Council on 30 April

Appointed Councillor Chris Mitchell as Recovery Coordinator and Andre Schonfeldt as Deputy Recovery Coordinator

 

17/06/2015

Item No 4.4

That Local Emergency Management Committee:

1.     Request the Shire to write to Colin Kenworthy, from the Indigenous Coordination Centre (ICC), and thank him for his years of service and membership to LEMC.

2.     Write to ICC expressing gratitude for Colin Kenworthy’s service and membership to LEMC, and ask if they could provide another nomination.

Complete

Letter sent to ICC

26/10/2015

17/06/2015

Item No 6.1

Report Recommendation for  Broome Boulevard Shopping Centre Fire Alarm Procedures:

1.     Request Shire to request a copy of the evacuation/emergency plan from the Boulevard Shopping Centre.

2.     Request Shire & DFES to provide advice back to LEMC with regards to the procedures and associated requirements to exercise.

Complete

Presented to LEMC at 14 Oct 2015 meeting and noted that centre is compliant.

 

17/06/2015

Item No 6.2

Report Recommendation for Shire of Broome Local Emergency Management Annual Draft Business Plan 2015/16:

1.     The LEMC receives and endorses the Draft Business Plan for 2015/16, and that it be forwarded to Council for Endorsement.

2.     That members review the Draft Business Plan in further detail against relevant Business Plans to feed back to LEMC, including potential sponsorship of exercises.

Complete

 

 

17/06/2015

Item No 6.3

Report Recommendation for LEMC Annual Report:

1.     That LEMC receives and endorses the Draft LEMC Annual Report for the financial year 2014/15 and it be submitted to the District Emergency Management Committee (DEMC) directly in order to meet the required legislative timeframes.

2.     That LEMC forwards the Draft Annual Report 2014/15 to Council for Endorsement.  

Complete

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


11.       Notices of Motion

 

 

12.       Business of an Urgent Nature  

 

 

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

 

 

14.       Matters Behind Closed Doors

  

 

15.       Meeting Closure

 

 



[1] Facilities offering less than two sites are discussed in the next section.