Attachments of Ordinary Meeting

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 Given the extent of the changes necessary, it is intended that the existing Caravan Parks Act and Regulations be repealed, and new legislation be developed in their place.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 That the current Caravan Parks Act and Regulations are repealed and a new Act and Regulations are developed in their place.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 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

· 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.

· 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

· 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

· 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 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.

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

· 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

Three approval to operate licence categories; Holiday Park, Nature Based Park and Event approval with one set of minimum standards applying to all

· 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

· The department can appoint an independent person to enforce the provisions of the legislation on local governments.

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

· A converted accommodation vehicle will be considered a transportable building and must remain transportable.

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.

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 9.4.1 - 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

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

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.

(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

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

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

(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.

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.

(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

(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

* 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 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~~

* 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.

(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

(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

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.