VISION OF COUNCIL

 

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

 

 

AGENDA

 

 

 

FOR THE

 

Ordinary Meeting of Council

 

25 August 2016

 


OUR VISION

 

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

 

OUR MISSION

 

“To deliver affordable and quality Local Government services.”

 

CORE VALUES OF THE SHIRE

 

The core values that underpin the achievement of the

 mission will be based on a strong customer service

focus and a positive attitude:

 

Communication

 

Integrity

 

Respect

 

Innovation

 

Transparency

 

Courtesy

 

DISCLAIMER

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

 

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

 


Agenda – Ordinary Meeting of Council 25 August 2016                                                                        Page 4 of 8

 

Councillor

Cr R Johnston

Cr H Tracey

Cr M Fairborn

Cr W Fryer

Cr E Foy

Cr D Male

Cr P Matsumoto

Cr C MIthcell

Cr B Rudeforth

2015

26 November

 

 

 

 

 

 

LOA

 

 

2015

17 December

 

 

 

 

 

 

 

 

 

2016

25 February

 

 

 

 

A

 

 

 

 

2016

31 March

 

 

 

 

LOA

 

 

 

 

2016

28 April

 

LOA

A

LOA

LOA

 

 

 

 

2016

26 May

 

 

A

 

 

 

LOA

 

 

2016

30 June

 

LOA

 

 

 

 

 

 

LOA

2016

28 July

 

 

 

 

 

 

 

 

 

 

·       LOA (Leave of Absence)

·           NA (Non Attendance)

·       A (Apologies)

 

2.25.       Disqualification for failure to attend meetings

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

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

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

                 (a)     a meeting that has concluded; or

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

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

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

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

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

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

                 (b)     if the non‑attendance occurs —

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

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

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

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

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

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

 

 


AgendaOrdinary Meeting of Council 25 August 2016                                                                                     Page 5 of 8

 

SHIRE OF BROOME

Ordinary Meeting of Council

Thursday 25 August 2016

INDEX – Agenda

 

1.               Official Opening.. 8

2.               Attendance and Apologies. 8

3.               Declarations of Financial Interest / Impartiality. 8

4.               Public Question Time. 8

5.               Confirmation of Minutes. 8

6.               Announcements by President Without Discussion.. 8

7.               Petitions. 8

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

9.               Reports of Officers. 10

9.1      Our People. 11

9.1.1     SHORT TERM INTINERANT CAMPING FACILITY FEASIBILITY. 12

9.1.2     DRAFT COMMUNITY SAFETY PLAN FOR ENDORSEMENT FOR PUBLIC COMMENT. 70

9.1.3     APPOINTMENT OF COUNCIL MEMBERS AND MEETING DATES FOR THE ARTS, CULTURE AND HERITAGE ADVISORY COMMITTEE. 112

9.1.4     FEE CONCESSION FOR WASTE DISPOSAL CHARGES. 125

9.1.5     BRAC TRADING HOURS - AMENDMENT FOR AQUATIC UPGRADE. 126

9.1.6     CHINATOWN REVITALISATION PROJECT - CULTURAL CENTRE WORKING GROUP AND AUTHORITY OF THE CHIEF EXECUTIVE OFFICER. 129

9.2      Our Place. 135

9.2.1     DRAFT POLICY FOR ADOPTION TO SEEK PUBLIC COMMENT - CONSULTATION ABORIGINAL HERITAGE. 136

9.2.2     PROPOSED AMENDMENT NO. 5 TO LOCAL PLANNING SCHEME NO. 6 - CREATION OF 'COASTAL HAZARD RISK AREA' SPECIAL CONTROL AREA.. 159

9.2.3     APPLICATION FOR PARKING WITHIN THE ROAD RESERVE IN ASSOCIATION WITH A PROPOSED HOME BUSINESS. 227

9.2.4     SUBMISSION ON POST IMPLEMENTATION REVIEW OF PLANNING AND DEVELOPMENT (LOCAL PLANNING SCHEMES) REGULATIONS 2015. 236

9.2.5     REVIEW OF LPP 8.23 - PUBLIC CONSULTATION - PLANNING MATTERS. 282

9.2.6     WALLAL DOWNS STATION GROUP - REQUEST FOR COMMENT FROM STATE HERITAGE OFFICE ON AMENDMENTS TO THE INTERIM REGISTRATION AND POSSIBLE PERMANENT REGISTRATION.. 299

9.2.7     SHIRE OF BROOME MUNICIPAL INVENTORY OF HERITAGE PLACES - ANNUAL UPDATE. 333

9.2.8     BROOME SURF LIFESAVING CLUB 2017-2018 CSRFF ANNUAL FORWARD PLANNING GRANT APPLICATION.. 355

9.2.9     PETITION TO STOP MULTI-STOREY DEVELOPMENTS NEAR CABLE BEACH.. 362

9.2.10  EVENTS APPROVAL - SHINJU MATSURI 2016. 391

9.3      Our Prosperity. 399

9.3.1     Proposed Amendment to Broome Growth Plan Partnership. 400

9.4      Our Organisation.. 434

9.4.1     MONTHLY PAYMENT LISTING - JULY 2016. 435

9.4.2     MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT JULY 2016. 458

9.4.3     APPLICATION TO CHANGE IN METHOD OF VALUATION FROM UNIMPROVED VALUE TO GROSS RENTAL VALUE BROOME ROAD INDUSTRIAL ESTATE SUBDIVISION AND PARTIAL WRITE OFF OF 2015/2016 INTERIM RATES AND PENALTY INTEREST FOR ASSESSMENT A306429. 571

9.4.4     REVIEW AND AMENDMENTS TO POLICY 2.1.3 RATES DEBT RECOVERY. 580

9.4.5     2016/2017 CHRISTMAS CLOSURE. 587

10.            Reports of Committee. 592

10.1      YAWURU PARK COUNCIL PROGRESS REPORT - JUNE 2016 MINUTES. 593

11.            Notices of Motion.. 607

12.            Business of an Urgent Nature. 607

13.            Questions by Members Of Which Due Notice Has Been Given.. 607

14.            Matters Behind Closed Doors. 607

9.1.4  FEE CONCESSION FOR WASTE DISPOSAL CHARGES. 607

15.            Meeting Closure. 607

 


AgendaOrdinary Meeting of Council 25 August 2016                                                                                     Page 7 of 8

 

 

NOTICE OF MEETING

 

 

 

Dear Council Member,

 

 

The next Ordinary Meeting of the Shire of Broome will be held on Thursday, 25 August 2016 in the Council Chambers, Corner Weld and Haas Streets, Broome, commencing at 5.00pm.

 

 

 

Regards

 

 

K R DONOHOE

Chief Executive Officer

 

18/08/2016

 


AgendaOrdinary Meeting of Council 25 August 2016                                                                                     Page 8 of 9

 

1.         Official Opening

 

 

2.         Attendance and Apologies 

 

              Attendance:

 

              Leave of Absence:

 

              Apologies:

 

              Officers:

 

              Public Gallery:

 

3.         Declarations of Financial Interest / Impartiality

 

FINANCIAL INTEREST

Councillor

Item No

Item

Nature of Interest

 

 

 

 

 

IMPARTIALITY

Councillor

Item No

Item

Nature of Interest

 

 

 

 

 

4.         Public Question Time

 

 

5.         Confirmation of Minutes

 

Recommendation:

That the Minutes of the Ordinary Meeting of Council held on 28 July 2016 be confirmed as a true and accurate record of that meeting.

 

 

6.         Announcements by President Without Discussion

 

 

7.         Petitions

 

 

8.         Matters for Which the Meeting May Be Closed

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

Recommendation

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

9.1.4      FEE CONCESSION FOR WASTE DISPOSAL CHARGES

Item 9.1.4 and any attachments are confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(iii)) as it contains “a matter that if disclosed, would reveal  information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government”.

 

 

 


 

 

9.

REPORTS

OF

OFFICERS


 

9.1

Our People

 

_DSC2089

 

 

PRIORITY STATEMENT

 

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

 

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

 

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

 


Agenda – Ordinary Meeting of Council 25 August 2016                                                                                 Page 12 of 13

 

9.1.1      SHORT TERM INTINERANT CAMPING FACILITY FEASIBILITY

LOCATION/ADDRESS:                            Road Reserve, cnr Broome and Gubinge Roads

APPLICANT:                                              Nil

FILE:                                                           LPA01

AUTHOR:                                                   Manager Community Development

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Deputy Chief Executive Officer/Director Community & Economic Development

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    3 August 2016

 

SUMMARY:         This report presents a Feasibility Assessment prepared by KPP Business Development regarding an Itinerant Visitor Campground Facility, recommends Council’s endorsement and seeks approval to proceed with the development of a Business Case for such a facility.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 16 April 2009                        Item 12.1

OMC 29 October 2009                 Item 9.1.3

OMC 1 September 2011              Item 12.3

OMC 16 February 2012                Item 9.1.1

OMC 24 July 2014                          Item 12.1

OMC 27 November 2014             Item 9.2.1

 

At the Ordinary Council Meeting held on 27 November 2014, it was resolved;

That Council:

1)      Authorises the Chief Executive Officer to approach the Department of Lands and Main Roads Department to consider the development of a Visitors Camping area at the Intersection of Broome Road and Gubinge intersections

 

2)      Requests the Chief Executive Officer to prepare a site plan for the Visitor Camping area in consultation with Yawuru, Commonwealth and State Agencies to determine infrastructure needs and levels of service to be provided at the Visitor Camping area inclusive of cost determinations and report back to Council at the earliest possible opportunity.

 

3)      Authorises the Shire President to write to Minister’s Scullion and Collier expressing the Councils’ dire concern that the closure of Indigenous communities in the Dampier Peninsula and wider Kimberley Region will have consequences on regional communities and requests what mitigation strategies inclusive of housing developments are being contemplated by the Commonwealth and State to ensure that Homelessness does not escalate in Broome as a result of the Governments decisions.

4)      Writes to the Nyamba Buru Yawuru Ltd thanking them for their offer for the development of a Short Stay Hostel Accommodation facility to be developed on Dickson Drive Broome.

 

5)      Writes to the Director General of the Department of Housing identifying the Short Stay Hostel Accommodation facility offer from Nyamba Buru Yawuru Ltd on Dickson Street, Broome to be a suitable location for the future development of a managed Short Stay Hostel similar to the facility developed at Derby as its preferred option.

 

The Shire approached the Department of Lands and Main Roads Department in accordance with Item 1 of this resolution and received a letter of support with some conditions (see attached correspondence).  With regard to Items 3, 4 and 5, the relevant correspondence was sent and Council would be aware that the Short Term Hostel initiative is progressing with funding from the State Government and managed by the WA Housing Authority.

 

With regard to Item 2 above, following this resolution, an action was identified in the Corporate Business Plan to undertake a feasibility and business case for the development of a short term itinerant camping facility.  A scope was developed in collaboration with the Department of Indigenous Affairs and quotations were sought from suitably qualified consultants in accordance with the Shire’s procurement policy.  In April this year, KPP Business Development (KPP) was engaged to undertake this work. 

 

The project scope was broken down into two stages;

1.       Feasibility – including marketing analysis, an overall plan incorporating land tenure, concept plan (including services, layout, infrastructure) and cultural considerations, and an assessment of the financial viability of the project.  This stage also required a risk assessment and identification of any fatal flaws.

2.       Business Case – detailed design brief, costings, asset management considerations, operational modelling and consultation with service providers.

It was envisaged that the Feasibility would be the determinant regarding the progression of a detailed business case.  Therefore, this report presents the feasibility study developed by KPP for consideration and seeks Council’s direction with regard to progressing this initiative further.

  

COMMENT

 

The attached Feasibility outlines the methodology used to determine the viability of the project and includes;

-        Review of previous reports, correspondence and information and preparation of a draft concept;

-        Identification of and consultation with key stakeholders to test the draft concept and proposed site, refine plans and develop options for operation and management; 

-        Preparation of detailed plans, data analysis and recommendations.

 

The following excerpt from the Executive Summary provides an overview of KPP’s findings;

 

Overall, the project is considered to be feasible, subject to funding being available for construction and ongoing operations. There are a number of site constraints but none of them are considered ‘fatal flaws’.

 

The feasibility assessment has found that the Campground targets a specific cohort of people who do not access other accommodation and services already provided in Broome; The Campground is considered to be an important element needed to improve the social and wellbeing outcomes for the most marginalised of Indigenous people who visit Broome. It is predicted that the Campground would achieve its best outcomes if it was linked to a Return to Country program, a service that is also currently needed but not funded.

 

The feasibility assessment involved a desktop review of previous reports and data relating to Indigenous homelessness and transience within Broome. The desktop review reveals that of approximately 100 people involved in drinking in public places around Broome on an average day, around 30 to 40 of these individuals are Indigenous visitors with no private place to stay, are not utilizing the Sober Up shelter and are sleeping ‘rough’ around Broome. This cohort come to Broome from across the Kimberley for various reasons, and often find it difficult to return to their home communities.

 

A draft concept plan and proposed site for the Campground was presented to a range of key stakeholders, including Government, non-government service providers and members of the targeted cohort for the Campground. Overwhelmingly the project was supported and no ‘fatal flaws’ were identified by key stakeholders. However, it was noted the site has some constraints including location, difficulty of access to water and sewerage services, visibility of the site at ‘the gateway’ to Broome, proximity to the mangroves (and sandflies), and difficulty of access for foot and vehicle traffic. It was agreed by stakeholders that the site should only be available to adults, and all families with children would need to utilize the planned short term hostel.

 

Centacare was identified as the most likely service provider capable of, and interested in, running the Campground facility. Their breakfast program clientele form the core cohort of people who are being targeted by the Campground and they have a good track record of working with local Indigenous people. They have also been key drivers of a Return to Country program, which should be funded as part of service delivery for the Campground. Centacare have advised they would only agree to operate the Campground if adequate funding is committed and there is widespread support from other key stakeholders.

 

Recommendation

KPP considers the project to be feasible subject to sufficient funding being secured for both the capital and operational costs of the facility, and a contract being entered into with Centacare for the management of the facility.  In addition, KPP recommends that Centacare’s “Return to Country” program is included as an integral component of the facility in order to better realise social and community outcomes.  A list of KPP’s recommendations intended to guide the development of a business case can be found on Page 30 of the attached Feasibility.

Therefore, Officers are proposing that Council endorses the Feasibility as attached to this report and authorises the Chief Executive Officer to proceed with Stage 2 of the project: to develop a detailed business case that can be used to advocate for and secure funding for an Itinerant Visitor Campground.

 

CONSULTATION

 

The Shire’s 2015 Community Perceptions Survey identified antisocial behaviour including street drinking, drunkenness and violence, itinerants and rough camping as issues of significant concern to the community.  In addition, local businesses have contacted the Shire and Police regarding issues affecting their clients and the general amenity of the town.

The scope of the project included the following stakeholder engagement requirements.

 

The consultant will be required to meet with key internal and external stakeholders to review the existing provision of services and to identify specific needs. It is envisaged that such stakeholders will include but may not be limited to;

·        Councillors, Executive staff and relevant Shire Officers

·        Government agencies including Department of Aboriginal Affairs, Department of     Housing, Department of Child Protection, WA Police,       Department of Justice,      Department of Health

·        Nyamba Buru Yawuru, Kimberley Institute, Broome Regional Aboriginal Medical         Service

·        Non-government Service Providers including Kullarri Patrol, Centacare, Milliya Rumara and Broome Sober Up Shelter, Men's Outreach, Marnja   Jarndu Women’s        Refuge

·        Community groups and individuals (ie Broome Homelessness Action Group, Broome           Alcohol Management Group)

 

KPP consulted the following stakeholders during the development of the attached Feasibility;

-        Department of Aboriginal Affairs

-        Sober Up Shelter

-        Department of Child Protection

-        Homelessness Action Group

-        Shire of Broome

-        Women’s Refuge

-        WA Police

-        Kullarri Patrol

-        Centacare

-        Men’s Outreach Services

 

Further stakeholder engagement is anticipated to take place during the development of the Business Case.

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

Subdivision 1 — Performing executive functions

3.18.  Performing executive functions

      (1)     A local government is to administer its local laws and may do all other things that are necessary or convenient to be done for, or in connection with, performing its functions under this Act.

      (2)     In performing its executive functions, a local government may provide services and facilities.

      (3)     A local government is to satisfy itself that services and facilities that it provides — 

                 (a)     integrate and coordinate, so far as practicable, with any provided by the Commonwealth, the State or any public body; and

                 (b)     do not duplicate, to an extent that the local government considers inappropriate, services or facilities provided by the Commonwealth, the State or any other body or person, whether public or private; and

                 (c)     are managed efficiently and effectively.

 

POLICY IMPLICATIONS

 

5.1.10         Community Engagement

 

FINANCIAL IMPLICATIONS

 

KPP provides the following commentary regarding proposed costs of the facility (full details can be found on Pages 27-28 of the attachment);

 

The full scale version as drawn in the Concept plan is estimated at $2.5M and would cater for up to 70 people. However, based on desktop analysis, Stakeholder input and anecdotal evidence it is recommended the smaller scale pilot be proposed in the Business Case. In this case, the total construction cost for a pilot project is estimated at $1.8M, providing capacity for up to 40 people per night.

 

Operational costs are estimated to be in order of $650,000 per annum and involve a full time site presence and 24 hour security. The Campground is projected to service around 1100 individuals (staying approximately 10 nights on average) over the course of a year.

 

The table below outlines the costs incurred to date to develop the Feasibility and the proposed cost to develop the Business Case:

 

Description

Cost (excl. GST)

GL account

Feasibility Study

$37,541

 

23450

 

Business Case

$17,127

Travel and disbursements

$ 1,546

Total

$56,214

Costs incurred to date are $37,541.  Should Council agree to progress to a Business Case, additional costs of $18,673 will be incurred in accordance with the agreed price quoted in KPP’s response to RFQ 16/01.  This project was budgeted in 2015/16 and the outstanding amount has been identified as a carryover within the 2016/17 budget.

 

RISK

 

The scope of the project included a requirement for a Strategic Risk Assessment to be undertaken as part of the Feasibility which can be found on Page 29 of the attachment.  KPP has identified four key risk areas;

-     Funding

-     Management responsibility

-     Achievement of social and community outcomes

-     Negative public perception

 

KPP has outlined potential management strategies to address these risks and proposes that the Business Case should address these in greater detail.

 

Initial consultation indicates that there is general support for the concept of a short term camping facility for those ‘sleeping rough’ in Broome.  Should Council choose not to proceed to the development of a Business Case, it is likely that the Shire will be subjected to public criticism and the incidence of related social issue will continue to increase.  Furthermore, the development of a business case will provide the Shire with evidence to support its advocacy and funding efforts.  

 

STRATEGIC IMPLICATIONS  

 

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

 

Effective communication

 

Affordable services and initiatives to satisfy community need

 

Accessible and safe community spaces

 

A healthy and safe environment

 

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

 

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

 

Council is able to mobilise resources to deliver municipal service to indigenous communities that are compliant, effective and within Council’s capacity.

 

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

 

Affordable and equitable services and infrastructure

 

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

 

Responsible resource allocation

 

Effective community engagement

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Receives the Feasibility Assessment prepared by KPP Business Development as attached to this report.

2.       Requests the Chief Executive Officer to proceed with the development of a Business Case for an Itinerant Visitor Campground Facility for Council’s consideration and to be used for the purposes of securing capital and operational funding.

3.       Requests the Chief Executive Officer to ensure that Stakeholder Engagement is undertaken during the development of the Business Case in accordance with Council’s Community Engagement Policy.

 

Attachments

1.

Itinerant Visitor Campground Feasibility Assessment

2.

Correspondence

  


Item 9.1.1 - SHORT TERM INTINERANT CAMPING FACILITY FEASIBILITY

 

 

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Agenda – Ordinary Meeting of Council 25 August 2016                                                                                 Page 70 of 71

 

9.1.2      DRAFT COMMUNITY SAFETY PLAN FOR ENDORSEMENT FOR PUBLIC COMMENT

LOCATION/ADDRESS:                            N/A

APPLICANT:                                              Nil

FILE:                                                           CDE42

AUTHOR:                                                   Youth and Community Development Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Deputy Chief Executive Officer/Director Community & Economic Development

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    2 August 2015

 

SUMMARY:         This report presents a draft Community Safety Plan for the Shire of Broome for Council’s consideration. Officers are seeking Council’s endorsement of the draft plan to be advertised for public comment for a period of six weeks. A Community Safety Plan will guide the actions undertaken by the Shire in partnership with community organisations, government agencies and the community to reduce the risk of crime and anti-social behaviour and improve community perceptions of safety.

 

BACKGROUND

 

Previous Considerations

 

OMC 20 January 2004                  Item 9.1.3

OMC 23 March 2004                    Item 9.1.2

OMC 17 August 2004                    Item 9.1.5

OMC 30 November 2004             Item 9.1.5

OMC 16 April 2004                        Item 9.2.1

OMC 7 July 2011                            Item 9.3.6

OMC 27 February 2014                Item 9.1.2

OMC 15 October 2015                 Item 9.1.3

OMC 26 November 2015             Item 9.4.5

OMC 25 February 2016                Item 9.1.2

 

At the Ordinary Meeting of Council (OMC) held on 15 October 2015, it was resolved to establish a Community Safety Working Group to develop a Community Safety Plan for the Shire of Broome.  At the OMC held on 26 November, it was further resolved;

 

Council Resolution:

Moved: Cr R Johnston                                             Seconded: Cr B Rudeforth

That Council:

1.         Establishes the Community Safety Working Group in accordance with the attached Terms of Reference,

2.         Nominates Cr M Croft to the Community Safety Working Group and Cr W Fryer be nominated as Deputy. 

3.         Requests the Chief Executive Officer to invite representation on the Community Safety Working Group from the following agencies:

 

·   1 x Broome Police

·   1 x Chamber of Commerce

·   1 x Nyamba Buru Yawuru

·   1 x Liquor Accord

·   1 x Kullarri Patrol

·   1 x Broome Youth and Families Hub

·   1 x Taxi services

·   1 x Broome Visitor Centre

 

4.         Updates the Terms of Reference accordingly.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 6/0

 

 

The first meeting of the Community Safety Working Group (CSWG) took place on 15 December 2015 where the group discussed the objectives of the CSWG, the community safety issues that have been identified and what is currently being done to address these issues.  It was agreed that representation from the Broome Hospital and the Department of Justice would be beneficial, so in accordance with the Terms of Reference, the Chief Executive Officer extended an invitation to both organisations who nominated representatives to join the group.

 

At the Ordinary Meeting of Council (OMC) held on 25 February 2016 an update was provided to Council on the activities of the Community Safety Working Group and progress towards the development of a Community Safety Plan. At this meeting Council resolved the following:

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                              Seconded: Cr H Tracey

That Council notes:

1.   The progress and activities of the Community Safety Working Group to date; and

 

2.   That the draft Community Safety Plan will be presented for Council’s endorsement prior to public consultation.

CARRIED UNANIMOUSLY 7/0

 

 

The Community Safety Working Group have continued to meet monthly to inform the development of the Plan.

 

COMMENT

 

The Plan will enable the Shire to work in partnership with key stakeholders to apply for funding and take advantage of opportunities to;

·    Increase community participation in crime prevention

·    Reduce anti-social behaviour and criminal activity

·    Increase community safety and the perception of community safety

·    Encourage and promote community pride and interaction

·    Improve community well-being

 

The Working Group has identified 4 priority areas for action from 2016-18.  These have been informed by recent community consultations, discussions with service providers, information provided at Community Safety Working Group meetings and research into community safety.

These priorities are to:

Priority 1:  educate and inform the community about community safety and crime prevention

Priority 2:  prevent actions and/or behaviours that impact negatively on community safety

Priority 3:  increase community engagement in and support for community safety approaches and activities

Priority 4:  investigate and implement ways that planning and infrastructure can impact positively on community safety and crime prevention.

 

For each priority area, desired outcomes have been articulated and used to inform the development of sustainable strategies and achievable actions to realise the outcomes desired. Some actions are aimed at resolving immediate problems, others seek to foster longer term change.

 

The Plan is intended to inform the upcoming review required under the Integrated Reporting Framework with consideration of the actions in the Plan for inclusion in the Shire’s Corporate Business Plan, Strategic Community Plan and annual budget process.

 

CONSULTATION

 

The Community Safety Plan has been developed in consultation with the Community Safety Working Group, with representatives from the following key stakeholders:

·    WA Police

·    Nyamba Buru Yawuru

·    Taxi services

·    Broome Chamber of Commerce

·    Broome Liquor Accord

·    Department of Justice

·    Kullarri Patrol

·    Broome Youth and Families Hub

·    Broome Visitor Centre

 

A community engagement plan has been developed in line with the Shire’s Community Engagement Framework to guide community consultation. In line with the framework the level of community engagement required for this project has been determined to be involve.

 

The establishment of the Community Safety Working Group is a key strategy in ensuring community engagement in this project and this group has been actively involved in the development of the draft plan.

 

It is recommended the draft Community Safety Plan is advertised for a period of six weeks to seek community feedback. The following strategies will be implemented to ensure adequate community engagement during the community consultation period:

·    Information on website/social media

·    Media Release

·    Promotional materials

·    Article in Shire news

·    Advertising – Shire News, WAFM

·    Canvass community views – email, face-to-face

·    Briefing session – Broome Community

·    Briefing session – Government agencies and community organisations

 

STATUTORY ENVIRONMENT

 

Nil

 

POLICY IMPLICATIONS

 

Alcohol Management Policy

 

FINANCIAL IMPLICATIONS

 

An allocation of $30,000 has been included in the 2016/17 budget for the implementation of the Community Safety Plan with a further $25,000 to be sought in grant funding. Actions are prioritised for staged implementation in line with the timeframes outlined in the plan and will be implemented within available resources and budget.

 

RISK

 

The following table outlines the key risks identified with this project and the mitigation strategies proposed to address these risks in accordance with the Shire’s Risk Management Policy.

 

Risk

Type

Rank

Mitigation

Council does not adopt plan

Operational

High

Community engagement plan developed

Plan includes prioritised actions for staged implementation

Negative community feedback to plan

Reputational

High

Working group established

Community engagement plan developed

 

 

STRATEGIC IMPLICATIONS  

 

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

 

Effective communication

 

Affordable services and initiatives to satisfy community need

 

Accessible and safe community spaces

 

A healthy and safe environment

 

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

 

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

 

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

 

Sustainable and integrated strategic and operational plans

 

Responsible resource allocation

 

Effective community engagement

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council

1.       Endorses the DRAFT Community Safety Plan for the Shire of Broome for public consultation and requests the Chief Executive Officer to advertise the plan for a period of three weeks to seek community feedback. 

 

2.       Requests the Chief Executive Officer to provide a report to Council on submissions received through public consultation and present the final Community Safety Plan to Council for adoption.

 

Attachments

1.

Draft Community Safety Plan for the Shire of Broome

  


Item 9.1.2 - DRAFT COMMUNITY SAFETY PLAN FOR ENDORSEMENT FOR PUBLIC COMMENT

 

 

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Agenda – Ordinary Meeting of Council 25 August 2016                                                                             Page 112 of 113

 

9.1.3      APPOINTMENT OF COUNCIL MEMBERS AND MEETING DATES FOR THE ARTS, CULTURE AND HERITAGE ADVISORY COMMITTEE

LOCATION/ADDRESS:                            N/A

APPLICANT:                                              Nil

FILE:                                                           RCS12

AUTHOR:                                                   Manager Community Development

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Deputy Chief Executive Officer/Director Community & Economic Development

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    4 August 2016

 

SUMMARY:         This report requests Council to appoint Councillors and deputies to the Arts, Culture and Heritage Advisory Committee and seeks endorsement of the proposed meeting dates for the purposes of public advertising.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 6 September 2012              Item 9.1.2

OMC 1 November 2012               Item 9.1.2

OMC 21 November 2013             Item 9.4.6

OMC 2 June 2015                          Item 9.1.1

OMC 25 June 2015                        Item 9.1.1

OMC 26 November 2015             Item 9.4.5

OMC 28 July 2016                          Item 9.1.1 

 

At the Ordinary Meeting of Council held on 28 July 2016, Council resolved the following:

 

Council Resolution:

(Report Recommendation)

Moved: Cr D Male                                                    Seconded: Cr C Mitchell

 

That Council re-appoint members to the Arts, Culture and Heritage Advisory Committee and endorse the Terms of Reference as attached to this report.

 

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 9/0

 

This report seeks appointment of Councillors and Deputies to the Arts, Culture and Heritage Advisory Committee and endorsement of the proposed meeting dates for the purposes of public advertising.

 

COMMENT

 

The Terms of Reference adopted by Council pursuant to the above resolution provide for 3 Councillors and 3 Deputies to be appointed to the Committee and Council could choose to appoint Council members in accordance with the current Terms of Reference. However, at the Ordinary Meeting of Council held 25 November 2015 when Council reviewed its membership of Committees, the number of Councillors and Deputies appointed was reduced in most cases.  Therefore, officers are proposing that the Terms of Reference are amended (see attached) to reflect the appointment of 2 Council members and 1 Deputy to the Arts, Culture and Heritage Advisory Committee.

 

Regulation 12 of the Local Government (Administration) Regulations 1996 requires that where meetings are proposed to be open to the public, the Local Government is to publicly advertise the dates, times and place of the proposed meetings annually.  Therefore, officers seeks Council’s approval of the following meeting dates for public advertising;

 

Wednesday 21 September 2016 at 3.00pm

Wednesday 16 November 2016 at 3.00pm

Wednesday 15 February 2017 at 3.00pm

Wednesday 17 May 2017 at 3.00pm

 

It is proposed that all meetings are held in the Shire Committee or Function Room.

 

CONSULTATION

 

Nil

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

Division 2 – Council meetings, committees and their meetings and electors’ meetings

Subdivision 2 — Committees and their meetings

5.8.    Establishment of committees

A local government may establish* committees of 3 or more persons to assist the council and to exercise the powers and discharge the duties of the local government that can be delegated to committees.

* Absolute majority required.

5.9.    Committees, types of

      (1)     In this section — 

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

      (2)     A committee is to comprise — 

                 (a)     council members only; or

                 (b)     council members and employees; or

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

                 (d)     council members and other persons; or

                 (e)     employees and other persons; or

                   (f)     other persons only.

5.10.  Committee members, appointment of

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

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

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

               * Absolute majority required.

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

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

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

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

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

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

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

5.11A.        Deputy committee members

      (1)     The local government may appoint* a person to be a deputy of a member of a committee and may terminate such an appointment* at any time.

* Absolute majority required.

      (2)     A person who is appointed as a deputy of a member of a committee is to be —

                 (a)     if the member of the committee is a council member — a council member; or

                 (b)     if the member of the committee is an employee — an employee; or

                 (c)     if the member of the committee is not a council member or an employee — a person who is not a council member or an employee; or

                 (d)     if the member of the committee is a person appointed under section 5.10(5) — a person nominated by the CEO.

      (3)     A deputy of a member of a committee may perform the functions of the member when the member is unable to do so by reason of illness, absence or other cause.

      (4)     A deputy of a member of a committee, while acting as a member, has all the functions of and all the protection given to a member.

[Section 5.11A inserted by No. 17 of 2009 s. 20.]

5.11.  Committee membership, tenure of

      (1)     Where a person is appointed as a member of a committee under section 5.10(4) or (5), the person’s membership of the committee continues until — 

                 (a)     the person no longer holds the office by virtue of which the person became a member, or is no longer the CEO, or the CEO’s representative, as the case may be; or

                 (b)     the person resigns from membership of the committee; or

                 (c)     the committee is disbanded; or

                 (d)     the next ordinary elections day,

               whichever happens first.

      (2)     Where a person is appointed as a member of a committee other than under section 5.10(4) or (5), the person’s membership of the committee continues until —

                 (a)     the term of the person’s appointment as a committee member expires; or

                 (b)     the local government removes the person from the office 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.

 

5.25.  Regulations about council and committee meetings and committees

      (1)     Without limiting the generality of section 9.59, regulations may make provision in relation to — 

                 (g)     the giving of public notice of the date and agenda for council or committee meetings; and

 

Local Government (Administration) Regulations 1996

12.     Meetings, public notice of (Act s. 5.25(1)(g))

      (1)     At least once each year a local government is to give local public notice of the dates on which and the time and place at which —

                 (a)     the ordinary council meetings; and

                 (b)     the committee meetings that are required under the Act to be open to members of the public or that are proposed to be open to members of the public,

               are to be held in the next 12 months.

      (2)     A local government is to give local public notice of any change to the date, time or place of a meeting referred to in subregulation (1).

 

POLICY IMPLICATIONS

 

Policy 5.1.2         Broome History Collection

Policy 5.1.9         Shire of Broome Shinju Matsuri Acquisitive Art Prize

Policy 5.1.6         Public Art

Policy 5.1.12       Broome Civic Centre Programming

LPP 8.6                Municipal Heritage Inventory

LPP 8.20              Provision of Public Art

 

FINANCIAL IMPLICATIONS

 

Nil

 

RISK

 

While Section 5.9(f) of the Local Government Act 1995 provides for committees comprising only of ‘other persons’ (i.e. not council members), officers are recommending that Council appoints at least two Councillors to the Arts, Culture and Heritage Advisory Committee to ensure transparency.

 

STRATEGIC IMPLICATIONS  

 

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

 

Effective communication

 

A healthy and safe environment

 

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

 

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

 

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

 

Effective community engagement

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Absolute Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Establishes the Arts Culture and Heritage Advisory Committee in accordance with    the attached Terms of Reference and with the appointment of the following membership:

·   Cr ________________, and Cr ________________ as members;

·   Cr ________________ appointed as Deputy;

·   Heritage Organisation delegate – Ms Sarah Keenan (Broome Historical Society)

·   Arts Organisation delegate – Ms Sandy Darrington (Nagula Jarndu)

·   Cultural Organisation delegate – Ms Sarah Yu (Nyamba Buru Yawuru)

·   Community delegate – Ms Eunice Yu

·   Community delegate – Ms Vanessa Margetts

·   Community delegate – Ms Gwen Knox

·   Community delegate – Ms Rani Middleton

2.       Requests the Chief Executive Officer to publicly advertise the following meeting        dates in accordance with Regulation 12 of the Local Government (Administration)     Regulations 1996;

·    Wednesday 21 September 2016 at 3.00pm

·    Wednesday 16 November 2016 at 3.00pm

·    Wednesday 15 February 2017 at 3.00pm

·    Wednesday 17 May 2017 at 3.00pm

(Absolute Majority Required)

 

Attachments

1.

ACHAC Terms of Reference 0816

  


Item 9.1.3 - APPOINTMENT OF COUNCIL MEMBERS AND MEETING DATES FOR THE ARTS, CULTURE AND HERITAGE ADVISORY COMMITTEE

 

 

 


Arts, Culture and Heritage Advisory Committee

 

This Committee is currently under review

 

At the OMC 26 November 2015, Council Resolved:

 

Council Resolution:

 

Moved: Cr R Johnston                                         Seconded: Cr B Rudeforth

 

That Council not appoint members to the Arts Culture and Heritage Committee at this time and request the Chief Executive Officer to undertake a review of Committee costs and objectives and report back to Council in March 2016.

 

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 6/0

 

 

3 x Councillors

(including Deputy)

-

Cr____________

Cr ___________

Cr ___________           (Deputy)

 

7x Community Delegates

 

 

 

 

 

 

 

 

 

 

 

Chairperson/Deputy

 

 

 

-

 

 

 

 

 

1 x         Heritage Organisation

             Ms Sarah Keenan, Broome Historical Society

1 x         Arts Organisation

             Ms Sandy Darrington – Nagula Jarndu

1 x         Cultural Organisation

             Ms Sarah Yu, Nyamba Buru Yawuru

4 x         Community Representatives

             Ms Eunice Yu

             Ms Vanessa Margetts

             Ms Gwen Knox

             Ms 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.

 

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.   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 two elected members as Delegates and three one elected members as Deputies Deputy to the Committee.

 

7.2      Tenure of Membership

Where a person is appointed as a member of the Arts, Culture and Heritage Committee the person’s membership of the Committee continues until —

 

·    The person no longer holds office by virtue of which the person became a member.

·    The person resigns from membership of the Committee.

·    The Committee is disbanded.

·    The Council removes the person from the Committee by resolution of Council.

·     For elected member Delegates, the next ordinary elections day

 

Officers may be appointed and removed from the Committee by the Director/s of the functional area responsible for the Committee.

 

8.0        DELEGATED AUTHORITY

 

The Committee does not have executive powers or authority to implement actions in areas over which the CEO has legislative responsibility and does not have any delegated financial responsibility.  Unless provision has been made in the Budget for expenditure, Committees require an officer report to be presented to Council for endorsement of any proposed expenditure.

 

 

9.0        COMMITTEE

 

9.1 Chairperson

The Chairperson and Deputy Chairperson to be elected by the Committee members.  The Chairperson is _________ and the Deputy Chairperson is __________.

 

The role of Chairperson and Deputy Chairperson are to be vacated following biannual Council elections in October and re-elected from the Committee membership.

 

9.2 Secretariat

This role is to be fulfilled by a Shire officer from the Community Development Directorate.

 

9.3 Standing Ex-Officio Members

Deputy Chief Executive Officer/Director Community and Economic Development, Manager 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 Chief Executive Officer will call meetings every three months and as required.

Committee meetings will be advertised as per statutory requirements.

 

10.3    Quorum

Five members including one elected member delegate.

 

10.4    Voting

Voting shall be by consensus or by a show of hands as directed by the Chairperson.  If voting is enacted it will follow principles of S5.21 of the Local Government Act 1995. 

 

Local Government Act 1995

S 5.21 - Voting

(1)  Each council member and each member of a committee who is present at a meeting of the council or committee is entitled to one vote.

(2)  Subject to section 5.67, each council member and each member of a committee to which a local government power or duty has been delegated who is present at a meeting of the council or committee is to vote.

(3)  If the votes of members present at a council or a committee meeting are equally divided, the person presiding is to cast a second vote.

(4)  If a member of a council or a committee specifically requests that there be recorded —

(a)    his or her vote; or

(b)    the vote of all members present, on a matter voted on at a meeting of the council or the committee, the person presiding is to cause the vote or votes, as the case may be, to be recorded in the minutes.

 

10.5     Minutes of Meetings

The person presiding is to ensure that Minutes of the Meeting are kept of the meetings proceedings.

 

The Meeting Minutes may be confirmed by a majority of members present at the meeting in writing via email, after the completion of the meeting.  Once Meeting Minutes have been confirmed by members they are to be submitted to the Council Secretary be posted on the Shire’s website.

 

Recommendations requiring Council action arising from the Meeting Minutes shall be presented to Council at the next Ordinary Council Meeting or earliest available Council meeting if it is not possible to present the Minutes to the next Ordinary Council Meeting.

 

10.6        Who Acts if No Presiding Member

If, in relation to the presiding member of the Committee:

(a)       the office of presiding member and the office of deputy presiding member are vacant; or

(b)       the presiding member and the deputy presiding member, if any, are not available or are unable or unwilling to perform the functions of presiding member, then the Committee members present at the meeting are to choose one of themselves to preside at the meeting.

 

10.7     Members Interests to be Disclosed

Members of the Arts, Culture & Heritage Committee are required to declare their financial interests and complete a Declaration form where relevant, using the principles detailed in  the Local Government Act Section 5.65-5.70 with respect to disclosure of financial, impartiality or proximity interests (‘CEO’ in the LGA text means the ‘Chairperson’ in the committee sense).

 

5.65.    Members’ interests in matters to be discussed at meetings to be disclosed

(1)        A member who has an interest in any matter to be discussed at a council or committee meeting that will be attended by the member must disclose the nature of the interest — 

(a)       in a written notice given to the CEO before the meeting; or

(b)       at the meeting immediately before the matter is discussed.

Penalty: $10 000 or imprisonment for 2 years.

(2)        It is a defence to a prosecution under this section if the member proves that he or she did not know — 

(a)       that he or she had an interest in the matter; or

(b)       that the matter in which he or she had an interest would be discussed at the meeting.

(3)        This section does not apply to a person who is a member of a committee referred to in section 5.9(2)(f).

5.9.   Types of committees

(1)     In this section — other person” means a person who is not a council member or an employee.

(2)     A committee is to comprise — 

         (f)      other persons only.

 

5.66.    Meeting to be informed of disclosures

If a member has disclosed an interest in a written notice given to the CEO before a meeting then —

(a)       before the meeting the CEO is to cause the notice to be given to the person who is to preside at the meeting; and

(b)       at the meeting the person presiding is to bring the notice and its contents to the attention of the persons present immediately before the matters to which the disclosure relates are discussed.

               [Section 5.66 amended by No.1 of 1998 s.16; No. 64 of 1998 s.33.]

 

5.67.    Disclosing members not to participate in meetings

A member who makes a disclosure under section 5.65 must not — 

(a)       preside at the part of the meeting relating to the matter; or

(b)       participate in, or be present during, any discussion or decision making procedure relating to the matter, unless, and to the extent that, the disclosing member is allowed to do so under section 5.68 or 5.69.

Penalty: $10 000 or imprisonment for 2 years.

 

5.68.    Councils and committees may allow members disclosing interests to participate etc. in meetings

(1)        If a member has disclosed, under section 5.65, an interest in a matter, the members present at the meeting who are entitled to vote on the matter — 

(a)       may allow the disclosing member to be present during any discussion or decision making procedure relating to the matter; and

(b)       may allow, to the extent decided by those members, the disclosing member to preside at the meeting (if otherwise qualified to preside) or to participate in discussions and the decision making procedures relating to the matter if — 

(i)      the disclosing member also discloses the extent of the interest; and

(ii)     those members decide that the interest — 

(I)      is so trivial or insignificant as to be unlikely to influence the disclosing member’s conduct in relation to the matter; or

(II)     is common to a significant number of electors or ratepayers.

(2)        A decision under this section is to be recorded in the minutes of the meeting relating to the matter together with the extent of any participation allowed by the council or committee.

(3)        This section does not prevent the disclosing member from discussing, or participating in the decision making process on, the question of whether an application should be made to the Minister under section 5.69.

 

5.70.    Employees to disclose interests relating to advice or reports

(1)        In this section — 

employee includes a person who, under a contract for services with the local government, provides advice or a report on a matter.

(2)        An employee who has an interest in any matter in respect of which the employee is providing advice or a report directly to the council or a committee must disclose the nature of the interest when giving the advice or report.

(3)        An employee who discloses an interest under this section must, if required to do so by the council or committee, as the case may be, disclose the extent of the interest.

Penalty: $10 000 or imprisonment for 2 years.

 

5.71.    Employees to disclose interests relating to delegated functions

If, under Division 4, an employee has been delegated a power or duty relating to a matter and the employee has an interest in the matter, the employee must not exercise the power or discharge the duty and — 

(a)       in the case of the CEO, must disclose to the mayor or president the nature of the interest as soon as practicable after becoming aware that he or she has the interest in the matter; and

(b)       in the case of any other employee, must disclose to the CEO the nature of the interest as soon as practicable after becoming aware that he or she has the interest in the matter.

Penalty: $10 000 or imprisonment for 2 years.

 


Agenda – Ordinary Meeting of Council 25 August 2016                                                                             Page 125 of 126

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

9.1.4      FEE CONCESSION FOR WASTE DISPOSAL CHARGES

LOCATION/ADDRESS:                            A107120

APPLICANT:                                              RATE PAYER

FILE:                                                           MAR-1/2; RES 40813.9

AUTHOR:                                                   Waste Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Chief Executive Officer

DISCLOSURE OF INTEREST:                     NIL

DATE OF REPORT:                                    10 August 2016

 

SUMMARY:         This report considers an application to waive waste disposal charges for all waste relating to the demolition of the dwelling at A107120. The report is an exceptional provision based on financial hardship. The report recommendation finds in favour of the applicant and recommends a 50% fee concession in line with the current Shire Policy.

 

Attachments

1.

Letter to CEO re waiving of tip fees (Confidential to Councillors and Directors Only)

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

2.

Additional information regarding property owner (Confidential to Councillors and Directors Only)

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

3.

Policy 3.1.17 Fee Concessions at Waste Management Facility

  


Agenda – Ordinary Meeting of Council 25 August 2016                                                                             Page 126 of 127

 

9.1.5      BRAC TRADING HOURS - AMENDMENT FOR AQUATIC UPGRADE

LOCATION/ADDRESS:                            Cable Beach Road East, Broome WA 6725

APPLICANT:                                              Nil

FILE:                                                           TBA

AUTHOR:                                                   Manager Sport and Recreation

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Deputy Chief Executive Officer/Director Community & Economic Development

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    9 August 2016

 

SUMMARY:         The Broome Recreation Aquatic Centre (BRAC) Aquatic Upgrade commenced on 15 August 2016. This report requests an amendment to the trading hours of BRAC during the construction period to reflect the reduced operating capacity while the pool is closed for public works.

 

 

BACKGROUND

 

Previous Considerations

 

At the Ordinary Meeting of Council held on 28 July 2016, Council awarded the tender for the construction of the BRAC Aquatic Upgrade to local company Colin Wilkinson Developments Pty Ltd (CWD). The BRAC aquatic space was closed on 14 August 2016 with work commencing on 15 August 2016. The project schedule indicates a construction period of up to 26 weeks, with an expected completion date of 27 January 2017.

 

When at full operations, the ordinary trading hours of BRAC are as follows:

Day

Aquatic centre

Recreation centre

Monday - Thursday

0545 - 1930

0545 - 2100

Friday

0545 - 1830

0545 - 1930

Saturday - Sunday

0900 - 1700

0900 – 1700

Public holidays

1000 - 1700

1000 - 1700

 

COMMENT

 

The BRAC aquatic area is the primary reason for the centre opening at 5:45am each weekday morning. There is very limited activity or customers that attend the centre other than lap swimmers, Broome Barracudas Swim Club training or those taking part in the BRAC adult swim squad.

 

To save on rostering of staff to operate BRAC at times where there will be very few, if any, customers it is proposed that the opening times for the centre during the period of the aquatic closure for upgrade be amended to 7:00am on weekdays.

This opening time has been proposed as there are times that the squash courts and tennis courts are used for early morning activity, and there has been no instances of this occurring prior to 7:00am during the past financial year.

 

Closing times will remain as they currently are due to the large amount of midweek, after work social and competition use that takes place within the recreation centre.

 

The proposed hours of operations for BRAC during the closure period for aquatic upgrade are as follows:

Day

Aquatic centre

Recreation centre

Monday - Thursday

Closed for upgrade

0700 - 2100

Friday

Closed for upgrade

0700 - 1930

Saturday - Sunday

Closed for upgrade

0900 – 1700

Public holidays

Closed for upgrade

1000 - 1700

 

CONSULTATION

 

Internal consultation has been undertaken with BRAC staff. External advertising will be under taken via the Shire website, print and social media and physical signage at the BRAC premises.

 

STATUTORY ENVIRONMENT

 

Nil

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

Salary costs have been reduced within the 2016/17 financial year due to reflect the fact that the BRAC aquatic space will be closed for a significant period of time, requiring less staff hours.

 

Salary GL account

2015/16 expenditure

2016/17 budget

Difference

117002 – BRAC lifeguard salaries

$162,740

$47,470

$115,270

117057 – BRAC customer service salaries

$108,217

$79,735

$28,482

TOTAL

$270,957

$127,205

$143,752

 

RISK

 

Risk

Risk rating

Risk mitigation

Customers requesting early morning access to facilities prior to opening time.

Rare/Insignificant = Low

Advertising of amended opening times at centre and via social/print media.

 

STRATEGIC IMPLICATIONS  

 

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

 

Effective communication

 

Affordable services and initiatives to satisfy community need

 

Accessible and safe community spaces

 

Participation in recreational and leisure activity

 

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

 

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

 

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

 

Affordable and equitable services and infrastructure

 

Affordable land for residential, industrial, commercial and community use

 

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

 

Sustainable and integrated strategic and operational plans

 

Responsible resource allocation

 

Effective community engagement

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Approves the change to BRAC trading hours during the construction phase of the Aquatic Upgrade;

2.       Authorises the Chief Executive Officer to reinstate regular operating hours following completion of the BRAC aquatic upgrade.

 

Attachments

Nil


Agenda – Ordinary Meeting of Council 25 August 2016                                                                             Page 129 of 130

 

9.1.6      CHINATOWN REVITALISATION PROJECT - CULTURAL CENTRE WORKING GROUP AND AUTHORITY OF THE CHIEF EXECUTIVE OFFICER

LOCATION/ADDRESS:                            N/A

APPLICANT:                                              Nil

FILE:                                                           PLA94

AUTHOR:                                                   Manager Community Development

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Deputy Chief Executive Officer/Director Community & Economic Development

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    16 August 2016

 

SUMMARY:         This report seeks Council’s delegation of authority to the Chief Executive Officer to make decisions and execute documents in relation to the Chinatown Revitalisation Project on behalf of the Shire.  The report also provides information regarding the establishment of a Cultural Centre Working Group for Council’s consideration.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 26 June 2014                            Item 9.3.1

OMC 30 April 2015                             Item 9.2.7

OMC 2 June 2015                              Item 9.2.5

OMC 27 August 2015                        Item 9.3.1

OMC 26 November 2015                 Item 9.4.5

SMC 17 June 2016                             Item 6.2.1

 

At the Special Meeting of Council held 17 June 2016, Council resolved the following;

That Council:

1.      Thanks the State of Western Australia for the $10 million grant funding for the Chinatown Revitalisation Project. 

2.      Thanks Tourism Western Australia for confirmation for the Tourism Demand Driver Infrastructure Grant of $300,000 to be applied towards the Frederick Street/Dampier Terrace Lookout Facility, which forms part of the Chinatown Revitalisation Project.  

3.      Endorses the Draft Financial Assistance Agreement with the Department of Regional Development and authorises the Shire President and Chief Executive Officer to engross the final documentation as required.

4.      Endorses the updated Memorandum of Understanding between the Shire of Broome, Landcorp and Kimberley Development Commission and authorises the Shire President and Chief Executive Officer to engross the documentation as required.

5.      Endorses the Chinatown Revitalisation Steering Group Terms of Reference and Governance structure and appoints the Chief Executive Officer to be the Shire’s representative on this group.

6.      Requests the Chief Executive Officer to:

(a)    Allocate $1.7 million dollars over the 2016/17 and 2017/18 financial years to the          Chinatown Revitalisation Project.

(b)   Commence procurement of the relevant consultancies together with the project collaborative group in line with the project documentation.

(c)   Ensure incentives are included within project tender specifications to encourage submissions from and/or involvement of local businesses where appropriate.

(d)   Provide six monthly updates on the project for Council’s information. 

 

While all Items except 6(d) have progressed, Item 5 above requires further clarification.   With regard to this Item, Council has endorsed the Terms of Reference for the Chinatown Revitalisation Project (CRP) Steering Group (attached for Council’s information) and appointed the Chief Executive Officer to represent the Shire on the group. However, there was no delegated authority for the Chief Executive Officer to make decisions on behalf of the Shire in relation to the project.

 

Furthermore, while the Steering Group has approved the establishment of a working group for the Cultural Centre Feasibility as part of the CRP that includes inviting the Chief Executive Officer of Nyamba Buru Yawuru to chair the group, no delegation of authority currently exists to allow for this decision to have Council’s support.

 

Therefore, this report seeks Council’s delegation of authority for the Chief Executive Officer to make decisions and execute documents relating to the CRP on behalf of the Shire in accordance with Sections 5.42 and 9.49A (4) of the Local Government Act 1995.

 

COMMENT

 

During consideration of the governance structure for the CRP, the following structure was endorsed:

 

 

It was further noted that:

It is likely through the course of the project that a number of project specific reference groups or working groups will need to be created to include relevant stakeholders. It is envisaged that the groups will still:

a)      be required to report to the Project Steering Group; and

b)      contain members of the Project Working Group (officers from Shire of       Broome, KDC and Landcorp).

 

It is proposed that a working group is established to progress the Cultural Centre Feasibility.  The proposed membership recommended by the Project Working Group was presented to the Steering Group on 14 July 2016 and included:

·    Chair – Yawuru

·    Shire of Broome

·    Kimberley Development Commission

·    LandCorp

·    Tourism WA

·    WA Department of Culture and Arts

·    WA Museum

 

The following is an excerpt from the Minutes of the Steering Group meeting:

1.      Cultural Centre Working Group Membership

The proposed governance diagram and Cultural Centre Working Group (CCWG) membership was discussed as was the importance of the first meeting where a workshop could be held covering the vision, examples of other major centres to highlight what are the possibilities and defining terms of reference for the CCWG. The likelihood of the CCWG membership increasing during the course of the project to include key stakeholders was noted.

Agreed

·     Remove WA Museum from the group.

·     SG members to be the representatives of each of the project partners

·     CEO NBY be invited to Chair the group

·     Invitation to be sent to Tourism WA requesting a nomination.

·     The CCWG be given authority to co-opt further members as required.

·     Invitations to include a proposed first meeting date and option to
       have one further support staff member attend meetings.

·     Once CEO NBY has accepted chairmanship, PWG to meet with him
       to agree the content of the first meeting.

 

It is envisaged that a stakeholder reference group will be engaged to provide input to the CCWG which may include but not be limited to representatives from;

·    Pearling Industry

·    Dampier Peninsular TO’s

·    Artists and Administrators from a cross section of the arts and culture community

·    Other participants as identified

In light of there being no delegation in place to approve the establishment of the CCWG, this information is provided for Council’s information and endorsement.

 

Finally, Anthea Demin who is a Community Representative on the Chinatown Stakeholder and Community Reference Group has informed the Shire that she is unable to continue to participate in the Group.  Officers propose that public Expressions of Interest are sought for the vacancy and that those community members who expressed interest but were not appointed initially be specifically invited to confirm their interest.

 

CONSULTATION

 

Kimberley Development Commission

Landcorp

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

5.42.  Delegation of some powers and duties to CEO

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

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

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

               * Absolute majority required.

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

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

 

9.49A.        Execution of documents

      (4)     A local government may, by resolution, authorise the chief executive officer, another employee or an agent of the local government to sign documents on behalf of the local government, either generally or subject to conditions or restrictions specified in the authorisation.

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

At the SMC held on 17 June 2016, Council resolved to:

(a)    Allocate $1.7 million dollars over the 2016/17 and 2017/18 financial years to the          Chinatown Revitalisation Project.

 

The Terms of Reference for the Steering Group includes responsibility;

-     To approve and manage the release of funds in accordance with agreed budget, process, timelines and milestones within each project and within standard government accountability guidelines;

 

It should be noted that any budget amendments required to reflect the terms of the Funding Assistance Agreement entered into with the Department of Regional Development will be brought to Council for approval via the quarterly Financial and Costing Review process.

 

Nyamba Buru Yawuru has been successful in attracting funding of $100,000 towards the investigation of a cultural centre in Broome which requires matching funding.  It is proposed that this funding is incorporated into the Feasibility for the Cultural Centre to provide the required matched partner funding and to ensure the involvement of the primary native title holders of the town in the project. To secure this funding the Shire may need to enter into a funding agreement with Tourism WA and Nyamba Buru Yawuru.

 

RISK

 

The Governance Agreement and Terms of Reference for the CRP have been developed with high regard for the risks associated with the project as outlined in the report considered by Council at the SMC held 17 June 2016.  Seeking authority for the Chief Executive Officer to act on behalf of the Shire is a mitigation strategy to ensure that the Shire can meet its obligations in relation to not only the Funding Assistance Agreement but also the MOU with the Kimberley Development Commission and Landcorp and the endorsed Governance Structure for the project.

 

The proposal to form a Cultural Centre Working Group is intended to ensure the engagement of appropriate stakeholders and the integrity of the feasibility process. The invitation for the CEO of Nyamba Buru Yawuru to chair this group is considered appropriate given these considerations.

 

STRATEGIC IMPLICATIONS  

 

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

 

Effective communication

 

Affordable services and initiatives to satisfy community need

 

Accessible and safe community spaces

 

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

 

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

 

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

 

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

 

Affordable and equitable services and infrastructure

 

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

 

Sustainable and integrated strategic and operational plans

 

Responsible resource allocation

 

Effective community engagement

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Absolute Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Delegates authority to the Chief Executive Officer to make decisions and execute documents on behalf of the Shire in relation to the Chinatown Revitalisation Project in accordance with;

(a)     Sections 5.42 and 9.49A (4) of the Local Government Act 1995;

(b)     The Funding Assistance Agreement with the Department of Regional           Development;

(c)     The MOU with Kimberley Development Commission and Landcorp; and

(d)     The approved Governance Structure for the project.

2.       Notes the intended establishment of a Cultural Centre Working Group and its proposed membership and endorses the decision to invite the Chief Executive Officer of Nyamba Buru Yawuru to chair the working group.

3.       Notes the resignation of Anthea Demin as a Community Representative on the           Chinatown Stakeholder and Community Reference Group and thanks her for her           contribution to date.

4.       Requests the Chief Executive Officer to advertise publicly for expressions of interest to           fill the vacancy on the Chinatown Stakeholder and Community Reference Group for           Council’s consideration.

 (Absolute Majority Required)

 

Attachments

Nil  


 

9.2

Our Place

 

cablebeach

 

 

PRIORITY STATEMENT

 

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

 

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

 

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

 

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


Agenda – Ordinary Meeting of Council 25 August 2016                                                                             Page 136 of 137

 

9.2.1      DRAFT POLICY FOR ADOPTION TO SEEK PUBLIC COMMENT - CONSULTATION ABORIGINAL HERITAGE

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           PLA97

AUTHOR:                                                   Statutory Planning Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director Development Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    3 August 2016

 

SUMMARY:         The Shire of Broome is recognised as having a rich cultural heritage, with significant Aboriginal cultural heritage present in the Shire. As the Shire performs a number of functions which can interact with Aboriginal cultural heritage, a policy has been drafted to guide how and when the Shire would consult with key stakeholders in this regard. This is proposed to ensure that Aboriginal cultural heritage is taken into account when both planning for and undertaking works.

It is recommended that Council adopts the Policy as a draft for the purposes of seeking comment.

 

BACKGROUND

 

Previous Considerations

 

Nil

 

History

 

At the Ordinary Meeting of Council in May 2014, Council adopted a Local Planning Policy – Public Consultation Planning Matters (LPP). This LPP was prepared to guide when the Shire will undertake public consultation on planning matters and also the form of advertising that should be undertaken. At this time, the Council agenda item noted that the LPP does not deal with consultation regarding Aboriginal Cultural or Heritage Matters and that a separate Policy would be prepared in this regard.

 

Since this time, Officers have been researching and investigating with a view to developing a corporate Policy which sets out the process for consulting with regard to Aboriginal Heritage.  As a result, the draft Consultation – Aboriginal Heritage policy has been developed (Policy). The objectives of the Policy are to:

 

·    guide where the Shire will advise and consult with the Aboriginal community to gauge whether a Development Strategy, Public Works or Shire Development proposal may impact upon Aboriginal heritage;

 

·    establish the process the Shire will follow when a Public Works or Shire Development proposal is to be referred for consultation and how comments received will be considered; and

 

·    detail the requirements for consultation based on the level of interaction with Aboriginal heritage.

 

This Policy has been prepared further to Action 2.1.1.1 in the Corporate Business Plan which requests that a policy be developed regarding cultural heritage consultation with traditional owners and other stakeholders.

 

COMMENT

 

The Shire of Broome’s Strategic Community Plan 2015-2025 recognises that history, identity and culture is the third most highly valued aspect of living in the Shire of Broome and this relates to a living Indigenous culture and traditions and the connection to country. Further, the Shire of Broome Local Planning Strategy (Strategy) recognises that the Shire has a rich cultural heritage encompassing many different cultural groups, including Aboriginal culture. The Strategy acknowledges that it is important to protect and manage the significant heritage of the Shire which is valuable to the region’s inhabitants and acknowledged both nationally and internationally.

 

In response to the recognised importance of Aboriginal cultural heritage to the Shire, Council through the Corporate Business Plan has requested that a policy be prepared regarding cultural heritage consultation.  Shire Officer’s have prepared the draft Policy as set out in Attachment No 1.

 

The preparation of the Policy was informed by the following:

 

·    attendance at a discussion forum held by the Department of Premier and Cabinet, Department of Aboriginal Affairs and other government departments on Native Title and Aboriginal heritage;

·    review of State publications including the Aboriginal Heritage Due Diligence Guidelines, Government Standard Heritage Agreements and the Guidelines for the Engagement of Aboriginal Heritage Monitors;

·    discussions with the Shire’s operational areas as to existing operational practices in place with respect to Aboriginal heritage;

·    review of the draft Policy by the Shire’s solicitors; and

·    feedback from the Department of Aboriginal Affairs.

 

Given that the majority of the Shire’s works are undertaken within the townsite of Broome, Shire Officers also sought to engage with Yawuru, the determined Native Title Holders, and forwarded a copy of the Policy to Nyamba Buru Yawuru Ltd for consideration. It is recognised that there are several other Native Title holders or registered Native Title claimant groups within the Shire of Broome that need to be consulted prior to the adoption of the Policy.

 

The proposed Community Engagement Framework is set out in Attachment No 2 and outlines that the draft Policy will be referred to all determined Native Title holders and registered Native Title claimant groups for their consideration. It is also proposed to extend the normal Policy consultation period from 21 days to 60 days. This is proposed to give sufficient time for the draft Policy to be considered at Native Title Holders’ Prescribed Body Corporate meetings, if required. 

 

With regard to the structure and content of the draft Policy, it has been prepared to cover the following Shire activities that could potentially interact with Aboriginal heritage:

 

·    preparation of strategic land use plans or development strategies – such as the Local Planning Strategy and the Cable Beach, Chinatown and Old Broome Development Strategies, etc;

·    undertaking of public works which can include road construction/maintenance, drainage, construction of recreation facilities, waste facilities, etc; and

·    Shire developments, which are works the Shire will undertake that are not public works such as office developments, establishment of camping grounds, etc.

 

Strategic land use plans or development strategies (Development Strategies) are higher level planning documents which are used to guide development opportunities or concepts for improvements to an area. The preparation of Development Strategies can lead to funding being allocated for the Shire to then undertake public works or Shire developments. Development Strategies differ from public works and Shire developments, in that they do not result in ground disturbing activities. While Development Strategies do not present an immediate risk to Aboriginal heritage, given that they provide the foundations/strategic direction for future development activities, it is important that Aboriginal cultural heritage is considered in the early phase of the planning process. 

 

Therefore, the Policy is proposed to be set out into two parts. The first part establishes the consultation framework with regard to the preparation of Development Strategies and the second part establishes consultation that would be undertaken prior to commencing a public work or Shire development.

 

Part 1 regarding the preparation of Development Strategies proposes that the Shire engage with and seek comments from determined Native Title holders and registered Native Title claimants prior to the preparation of a Development Strategy and again once the Development Strategy has been prepared. In undertaking this consultation, the Shire will seek feedback with regard to Aboriginal heritage sites and any areas that are known to have Aboriginal cultural significance. The outcomes from the consultation will be incorporated into the Development Strategy as far as reasonably practicable to avoid impacts upon Aboriginal heritage sites or areas of Aboriginal cultural significance. Further, this consultation can also lead to the incorporation of interpretative concepts which seek to promote awareness of Aboriginal heritage.

 

Part two of the Policy seeks to provide direction on consultation undertaken when the Shire carries out public works or a Shire development. It is proposed that consultation be undertaken in two phases. For works which are not ‘limited discretion works’ (limited discretion works are works where there is limited discretion available as to how or where the works can be carried out i.e. an extension to a footpath or road) at the concept phase, the Shire will seek comments from determined Native Title holders and registered Native Title claimants on whether the concept plans could potentially impact upon an Aboriginal Heritage Site.  Based on comments received and as far as practicable, the plan would be amended to avoid impacts.  The Shire will also seek comments with the intent to incorporate interpretative or design elements to promote awareness of elements of Aboriginal heritage (this would be subject to budgetary considerations). An example of a type of project that could undergo this level of consultation would be the Jetty to Jetty walk.

 

At the design phases of the public works or Shire development, it is proposed that if the works fall within a registered Aboriginal Heritage Site that the Shire first consult with the Department of Aboriginal Affairs (DAA). Then depending upon the response received from DAA, it is proposed that the Shire undertakes the consultation following the process set out in the Policy, which is also visually represented in the Flow Chart attached to the Policy. This section also provides direction on when consideration would be given to the engagement of a heritage monitor and when a Heritage Survey may be required.

 

Overall, the Policy has been prepared to guide the Shire in its operations, and is not intended to apply to the activities of other government Departments who undertake public works/developments. Further, the Policy does not address consultation with respect to Development Applications (also referred to as Planning Applications). Development Applications have not been included for the following reasons:

 

·     While the Shire is the approval body for the majority of the Development Applications submitted under Local Planning Scheme No 6, it is not responsible for administering the provisions of the Aboriginal Heritage Act 1976 (AH Act). It is the applicant’s responsibility to ensure that any proposed development complies with the AH Act. The Shire will continue its practice of including an advice note on all approvals issued, clearly establishing that the granting of Development Approval is not clearance under the AH Act and that the landowner/applicant will need to make its own enquiries in this regard.

 

·     The Shire has strict timeframes in which it is to determine an application for Development Approval. As consultation with respect to Aboriginal heritage can be complex and may take time, it puts the Shire at risk of not meeting these statutory timeframes, which could give rise to applicants seeking a review with the State Administrative Tribunal.

 

·     The Shire of Broome’s Local Planning Scheme No 6 and LPP 8.23 – Public Consultation Planning Matters establishes the consultation that the Shire will undertake when Development Applications are submitted.

 

·     The Shire of Broome will be preparing a planning information sheet to make landowners/applicants aware of their obligations under the AH Act and to encourage all applicants to apply sound consultation practices. 

Overall, the Policy is considered to be strong guiding document for the Shire and its stakeholders in relation to how the Shire will mitigate the risk of its works or activities impacting on Aboriginal heritage.  The processes established in the Policy are considered robust and reasonable in terms of allowing for meaningful consultation, while being achievable taking into account Shire resources.  It is therefore recommended that Council adopt the draft Policy for a 60 day public consultation period in accordance with the proposed Community Engagement Framework. CONSULTATION

 

In preparing the draft Policy, Officers have consulted with the Shire’s Infrastructure Services section and also sought preliminary comments from the Shire’s solicitors and the Department of Aboriginal Affairs.

 

As set out above, the Shire has also provided Yawuru with a copy of the draft Policy for consideration.  The 60 day period for public consultation is seen as appropriate to allow Yawuru, all other determined Native Title holders and registered Native Title claimants and other stakeholders to provide feedback.

 

The submissions received will then be tabled for consideration by Council, prior to the adoption of the Policy.

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

            

2.7. Role of council

 

(1)         The council –

(a)         governs the local government’s affairs; and

(b)         is responsible for the performance of the local government’s functions.

 

(2)         Without limiting subsection (1), the council is to -

(a)         oversee the allocation of the local government’s finances and resources; and

(b)         determine the local government’s policies.

 

POLICY IMPLICATIONS

 

Nil.

 

FINANCIAL IMPLICATIONS

 

Nil.

 

RISK

 

As set out in the comments above, the Shire is recognised as having rich Aboriginal heritage which is greatly valued by the community. This Policy is considered to reduce the risk that Shire operations could have a detrimental impact upon Aboriginal heritage by ensuring that an appropriate level of consultation is undertaken. Further, the Policy will establish clear direction to the relevant Officers at the Shire as to the level of consultation expected to be undertaken, which allows for more informed project management and reduces the risk of delays in the delivery of projects.

 

STRATEGIC IMPLICATIONS  

 

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

 

Effective communication

 

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

 

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

 

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

 

Council is able to mobilise resources to deliver municipal service to indigenous communities that are compliant, effective and within Council’s capacity.

 

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

 

Affordable and equitable services and infrastructure

 

Affordable land for residential, industrial, commercial and community use

 

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

 

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

 

An organisational culture that strives for service excellence

 

Sustainable and integrated strategic and operational plans

 

Effective community engagement

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Adopts the draft Policy – Consultation – Aboriginal Heritage, as set out in Attachment No 1 for the purposes of seeking public comment for a period of 60 days.

2.       Adopts the Community Engagement Framework as set out in Attachment No 2 to guide the consultation to be undertaken during the public comment period. 

 

Attachments

1.

Draft Policy

2.

Community Engagement Framework

  


Item 9.2.1 - DRAFT POLICY FOR ADOPTION TO SEEK PUBLIC COMMENT - CONSULTATION ABORIGINAL HERITAGE

 

 

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Item 9.2.1 - DRAFT POLICY FOR ADOPTION TO SEEK PUBLIC COMMENT - CONSULTATION ABORIGINAL HERITAGE

 

 

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Item 9.2.1 - DRAFT POLICY FOR ADOPTION TO SEEK PUBLIC COMMENT - CONSULTATION ABORIGINAL HERITAGE

 

 

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Item 9.2.1 - DRAFT POLICY FOR ADOPTION TO SEEK PUBLIC COMMENT - CONSULTATION ABORIGINAL HERITAGE

 

 

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Agenda – Ordinary Meeting of Council 25 August 2016                                                                             Page 159 of 160

 

9.2.2      PROPOSED AMENDMENT NO. 5 TO LOCAL PLANNING SCHEME NO. 6 - CREATION OF 'COASTAL HAZARD RISK AREA' SPECIAL CONTROL AREA

LOCATION/ADDRESS:                            Various properties, Broome Townsite

APPLICANT:                                              Nil

FILE:                                                           LPS6/5

AUTHOR:                                                   Strategic Planning Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director Development Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    11 July 2016

 

SUMMARY:         In June 2016 Council received a Coastal Vulnerability Study for the Broome townsite which identified that portions of the townsite are at risk of coastal inundation and coastal erosion in the period to 2110. State Planning Policy 2.6 – State Coastal Planning Policy requires that Coastal Hazard Risk Management and Adaptation Planning be undertaken where the risk of coastal hazards has been identified.

To identify the area where these requirements will apply, this report recommends Council adopt for advertising purposes an amendment to Local Planning Scheme No. 6 to introduce a ‘Coastal Hazard Risk Area’ Special Control Area, which will include all land that will be subject to coastal hazards, and which will ultimately be covered by the Broome townsite Coastal Hazard Risk Management and Adaptation Plan. It further recommends that the amendment be classified as a ‘standard amendment’ under the Planning and Development (Local Planning Schemes) Regulations 2015 for the reasons set out in this report.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 30 June 2016                            Item 9.2.2

 

COMMENT

The Coastal Vulnerability Study (CVS) was undertaken to investigate the combined potential impacts of storm surge, coastal inundation, tidal movement, shoreline stability, stormwater drainage and the interactions of surface and groundwater on the townsite of Broome. The CVS identified that a number of areas within the townsite are predicted to be affected by coastal inundation (caused by a combination of storm surge and sea level rise) and/or coastal erosion in the period to 2110. Under State Planning Policy 2.6 – State Coastal Planning Policy (SPP 2.6), Coastal Hazard Risk Management and Adaptation Planning (Adaptation Planning) is required to be undertaken prior to new development in locations where the risk of coastal hazards has been identified.

 

The Shire of Broome is currently preparing a Broome Townsite Coastal Hazard Risk Management and Adaptation Plan (CHRMAP) in accordance with the Western Australian Planning Commission’s CHRMAP Guidelines. The CVS comprises the initial stages of the CHRMAP (establish the context, vulnerability assessment and risk identification) and the subsequent stages of the CHRMAP will analyse and evaluate the risk and identify and prioritise adaptation options with input from key stakeholders and the broader community.

 

It should be noted that the Broome townsite CHRMAP will represent a much more detailed and complex level of Adaptation Planning, compared with what would be required for an individual property subject to coastal hazards for which Adaptation Planning is required in accordance with SPP 2.6.

 

Whilst Adaptation Planning is a requirement of SPP 2.6 and hence must be a consideration when assessing development proposals, at present the Shire’s Local Planning Scheme No. 6 (LPS6) does not provide any information as to which areas of the townsite this requirement applies. The proposed Scheme Amendment will rectify this through establishing a ‘Special Control Area’ (SCA) which will include all land subject to coastal hazards.

 

Identification of land subject to coastal hazards

 

In accordance with SPP 2.6, land is considered to be ‘at risk of coastal hazards’ if in a 100 year timeframe it is subject to:

 

·     The maximum extent of storm inundation, defined as the peak steady water level plus

wave run-up, with the storm event based on ocean forces and coastal processes that

have a 0.2 percent or one-in-five hundred year probability of being equalled or exceeded in any given year (500 year ARI event); and/or 

·     Erosion based on ocean forces and coastal processes from a tropical cyclone storm event which have a one percent or one-in-one hundred probability of being equalled or exceeded in any given year (100 year ARI event).

 

Coastal Erosion

 

The CVS utilised the formula in SPP 2.6 to determine the coastal processes allowance for erosion, which requires consideration of erosion generated from a 100 year ARI event at present day (as outlined above), historic shoreline movement, sea level rise and an uncertainty allowance. The coastal processes allowance for various time periods was captured on a series of ‘coastal processes maps’ which were included as Appendix G of the CVS. The map showing the coastal processes allowance for 2110 (depicted as a red line) in included as Attachment 1 to this report. Any lots which are seaward of the coastal process line in Attachment 1 are considered to be at risk of coastal hazards over the planning timeframe and will be included in the SCA.

 

It is noted that on the Roebuck Bay side of the Broome peninsula, the coastal processes allowance line in the CVS only extends as far north as Gray Street. The Shire’s appointed consultants for the CHRMAP used the data obtained through the CVS to further extend this line around Dampier Creek, and this line was used as the basis for the SCA.  

 

Coastal Inundation

 

The coastal processes map in Attachment 1 depicts the combined level of inundation that is predicted from a 500 year ARI coastal inundation event and  a 100 year ARI catchment flooding event (essentially, stormwater runoff as a result of a 100 year ARI rainfall event). This presents a ‘worst case scenario’ of two extreme events happening simultaneously, as could occur during a cyclone which crosses the coast on a high spring tide. Whilst this is useful as a reference, it does not strictly meet the SPP 2.6 criteria as it includes areas that will only be impacted by overland flooding from stormwater runoff, rather than by coastal processes.

 

For much of the Broome peninsula the coastal dune system is of sufficient height to protect adjoining land from the impacts of coastal inundation and in these areas the inundation shown on Attachment 1 is a result of overland flows. This is not the case, however, for those portions of the townsite that are adjacent to Dampier Creek, as these are located at a lower elevation without protective barrier dunes. 

 

To separate the coastal and stormwater inundation extents, the Shire’s appointed consultants compared the outputs of the CVS modelling to the outputs of the District Stormwater Management Strategy (currently in progress), which considered overland flooding only. The difference between the two data sets was used to generate the extents of the SCA, as the area that would be affected by a 500 year ARI storm event. 

 

In undertaking this ‘difference plot’ the Shire’s consultants noted that in some areas (parts of Old Broome, Roebuck Estate, Broome North and Sunset Park) the ability of the existing drainage system to cope with rainfall events will be constrained by an increase in water level by 2110 (due to 0.9m of sea level rise). Were a 500 year ARI storm event to occur at that time scale (which is the planning period under SPP 2.6), stormwater will be unable to discharge at all for a period of time, and will ‘back up’ through the drainage network and exacerbate the inundation experienced in a rainfall event. For this reason, some areas   adjacent to roads and drainage reserves will experience flooding which can be partially attributed to ‘coastal inundation,’ despite being located some distance from the coast. The Shire’s consultants liaised with staff from the Department of Planning and Department of Transport and confirmed that this approach is consistent with SPP 2.6.

 

Based on the above, the extents of the SCA have been defined and are included as Attachment 2 to this report.

 

Attachment 1 – Coastal Processes Map 2110 (Cardno, 2015)

Attachment 2 – Proposed Extents of ‘Coastal Hazard Risk’ SCA 

 

Key components of proposed scheme amendment

 

Officers have prepared a Scheme Amendment Report for Council’s consideration, which is included as Attachment 3 to this report. Key components of the proposed scheme amendment are summarised below. 

 

·     The scheme amendment will create a ‘Coastal Hazard Risk’ SCA over land identified in the CVS to be at risk of coastal inundation or erosion until 2110.

 

·     LPS6 already requires all development within a SCA to obtain Development Approval, and this will continue in the ‘Coastal Hazard Risk’ SCA. However, should a lot be only partially included in the SCA, the requirement to obtain development approval will not apply for development that is otherwise exempt from the need to obtain development approval, if the development is located on a portion of the site that is wholly outside the extent of the SCA. For instance, if a portion of the front setback is included in the SCA, a shed built to the rear of the lot will not require approval if it is otherwise exempt under the Scheme.  

 

·     Further, the scheme amendment will allow for certain exemptions to the requirement to obtain development approval for development that is considered to be of low risk, such as:

temporary or non-permanent structures not used for human habitation;

extensions to existing single, grouped, or multiple dwellings where the gross floor area of the extension is no more than 50m2; and

a change of use to a ‘P’ (permitted) use where no new structures are proposed.

 

These exemptions will only apply in circumstances where development is otherwise exempt from requiring approval under LPS6.

 

·     The scheme amendment will require Adaptation Planning to be undertaken in accordance with the methodology set out in SPP 2.6 for all new development in the SCA that does not fall within one of the exemptions outlined above. The Broome Townsite CHRMAP, once completed, will meet this requirement.  However in the interim, the responsibility will be on development proponents to demonstrate that they have considered the risk of coastal hazards identified in the CVS, and have designed the proposed development to avoid, accommodate or mitigate those risks. To provide guidance to proponents in this regard, it is envisaged that officers will prepare a Local Planning Policy setting out minimum standards for development specific Adaptation Planning, and this will be provided to Council for consideration in due course.

 

·     Once the Broome Townsite CHRMAP has been adopted, proponents will retain the ability to request variations to it on a case by case basis, should they demonstrate through an Adaptation Planning process an alternative solution that can satisfactorily manage the hazard risk.

 

·     Council will have the right to refuse any Adaptation Planning proposal if it considers the adaptation strategies proposed will lead to adverse impacts on the occupiers or users of the development, the inhabitants of the locality, the functionality of any reserve in the locality or the likely future development of the locality.

 

Attachment 3 – Scheme Amendment Report 

 

Classification of amendment under the Planning and Development (Local Planning Schemes) Regulations 2015

 

In August 2015 the Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations) came into force. The Regulations changed the process to amend local planning schemes by introducing three ‘tracks’ of amendments. Amendments must now be classified by the Shire as one of the tracks – ‘basic’, ‘standard’ or ‘complex’. The assessment process and timeframe varies according to what classification is selected.

 

A ‘basic’ amendment is generally intended to correct an administrative error in the scheme or to amend the scheme in a way that is consistent with another piece of legislation, which is not applicable to this proposed scheme amendment. In determining whether the amendment is ‘standard’ or ‘complex,’ the Regulations require Council to consider the following criteria:

 

·     whether the amendment is consistent with the Shire’s Local Planning Strategy;

·     whether the amendment will have a significant impact on other land in the scheme area not subject to the amendment; and

·     whether the amendment will result in any significant environmental, social, economic or governance impacts on land in the scheme area.

 

Each of these criteria is addressed below.

 

Consistency with the Local Planning Strategy

 

The Local Planning Strategy contains the following objective and actions in Section 2.4.12 – Natural Resource and Environment Management:

 

3. (Objective):  Incorporate adaptation strategies to ensure mitigation against coastal vulnerability and climate change. 

o (Action): Prepare a coastal vulnerability study to inform management practices for coastal foreshore areas;

o (Action): Determine the appropriate foreshore reserve required to accommodate coastal processes as per State Planning Policy 2.6.

 

The SCA will articulate the area that will be affected by coastal processes, which is directly based on the outcomes of the CVS. Further, by requiring development within the SCA to be consistent with approved Adaptation Planning, the SCA will ensure development proposals incorporate adaptation strategies to mitigate against coastal vulnerability and climate change.

 

Potential Impacts of the scheme amendment

 

The addition of the SCA is considered to have minimal impact on other land in the scheme area not subject to the amendment, as the provisions of the SCA will only apply to affected land. 

 

The amendment could potentially result in some economic and social impacts on some properties that are included in the SCA. However, as the requirement to undertake Adaptation Planning is established in SPP 2.6 (which applies throughout Western Australia), the SCA is not adding any new requirements.  Instead, it is clearly indicating the land to which the existing state planning framework applies.   

 

For the reasons outlined above, officers recommend that the amendment be classified as a ‘standard amendment.’

 

CONSULTATION

 

As required under the Regulations, should Council adopt the proposed standard amendment for advertising purposes, public advertising will be undertaken for a period of 42 days. Public advertising will consist of:

 

·     publication of a public notice in a newspaper circulating in the scheme area;

·     display of a copy of the notice in the Shire administration office and on the Shire website;

·     display of a copy of the scheme amendment documentation for public inspection;

·     providing the notice to any public authority the Shire considers will be affected by the amendment; and

·     providing the notice to any landowners whose property is proposed to be incorporated into the SCA.

 

Any submissions received during the public advertising period will be presented back to Council for its consideration.

 

Community engagement into the development of the Broome Townsite CHRMAP will be wide ranging in accordance with the Community Engagement Strategy for the project received by Council in June 2016.

 

STATUTORY ENVIRONMENT

 

Planning and Development Act 2005

 

75.     Amending scheme

 

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

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

the Gazette; or

(b)     proposed by all or any of the owners of any land in the scheme area, adopted,

with or without modifications, by the local government, approved by the

Minister and published in the Gazette.

 

81.     Proposed scheme or amendment to be referred to EPA

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

(a)     written notice of that resolution; and

(b)     such written information about the local planning scheme or amendment as is

sufficient to enable the EPA to comply with section 48A of the EP Act in relation

to the local planning scheme or amendment.

 

Planning and Development Regulations 2015

 

34.     Terms used

standard amendment means any of the following amendments to a local planning

scheme —

(a)     an amendment relating to a zone or reserve that is consistent with the  objectives identified in the scheme for that zone or reserve;

(b)     an amendment that is consistent with a local planning strategy for the scheme

that has been endorsed by the Commission;

(c)     an amendment to the scheme so that it is consistent with a region planning scheme that applies to the scheme area, other than an amendment that is a

basic amendment;

(d)     an amendment to the scheme map that is consistent with a structure plan, activity centre plan or local development plan that has been approved under the scheme for the land to which the amendment relates if the scheme does not currently include zones of all the types that are outlined in the plan;

(e)     an amendment that would have minimal impact on land in the scheme area that is not the subject of the amendment;

(f)      an amendment that does not result in any significant environmental, social, economic or governance impacts on land in the scheme area;

(g)     any other amendment that is not a complex or basic amendment.

 

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

 

(1)     A resolution of a local government to prepare or adopt an amendment to a local

planning scheme must be in a form approved by the Commission.

 

Note: Section 75 of the Act provides for a local government to amend a local planning scheme or adopt an amendment to a local planning scheme proposed by

all or any of the owners of land in the scheme area.

 

(2)     A resolution must —

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

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

 

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

 

47.     Advertisement of standard amendment

 

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

(a)     the purpose of the amendment; and

(b)     where the amendment may be inspected; and

(c)     to whom and during what period submissions in respect of the amendment

may be made.

 

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

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

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

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

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

(e)     advertise the scheme as directed by the Commission and in any other way the

local government considers appropriate.

 

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

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

 

POLICY IMPLICATIONS

 

State Planning Policy 2.6

5.5     Coastal hazard risk management and adaptation planning

 

(i)         Adequate coastal hazard risk management and adaptation planning should be undertaken by the responsible management authority and/or proponent where existing or proposed development or landholders are in an area at risk of being affected by coastal hazards over the planning timeframe. Coastal hazard risk management and adaptation planning should include as a minimum, a process that establishes the context, vulnerability assessment, risk identification, analysis, evaluation, adaptation, funding arrangements, maintenance, monitoring and review, and communicate and consult.

 

(ii)        Where a coastal hazard risk is identified it should be disclosed to those likely to be affected. On consideration of approval for subdivision and/or development current and/or future lot owners should be made aware of the coastal hazard risk by providing the following notification on the certificate on title: VULNERABLE COASTAL AREA –This lot is located in a area likely to be subject to coastal erosion and/or inundation over the next 100 years.

 

(iii)       Where risk assessments identify a level of risk that is unacceptable to the affected community or proposed development, adaptation measures need to be prepared to reduce those risks down to acceptable or tolerable levels. Adaptation measures should be sought from the following coastal hazard risk management and adaptation planning hierarchy on a sequential and preferential basis:

 

(1)  Avoid the presence of new development within an area identified to be affected by coastal hazards. Determination of the likely consequences of

coastal hazards should be done in consideration of local conditions and in

accordance with the guidelines provided in Schedule One.

(2)     Planned or Managed Retreat or the relocation or removal of assets within an area identified as likely to be subject to intolerable risk of damage from coastal hazards over the planning time frame.

(3)     If sufficient justification can be provided for not avoiding development of land that is at risk from coastal hazards then Accommodation adaptation measures should be provided that suitably address the identified risks. Such measures would involve design and/or management strategies that render the risks from the identified coastal hazards acceptable.

(4)     Where sufficient justification can be provided for not avoiding the use or development of land that is at risk from coastal hazards and accommodation measures alone cannot adequately address the risks from coastal hazards, then coastal Protection works may be proposed for areas where there is a need to preserve the foreshore reserve, public access and public safety, property and infrastructure that is not expendable.

 

5.11   Precautionary principle

(i)         Where there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason to postpone measures to prevent environmental degradation.

(ii)        The onus is on any proponent to show that development does not pose any likelihood of serious or irreversible harm to the environment.

(iii)       If the proponent cannot demonstrate there is not a likelihood of such harm, the onus is on the development proponent to show that the harm can be managed.

 

FINANCIAL IMPLICATIONS

 

As the Shire is preparing the scheme amendment, there will be minor costs associated with undertaking public advertising. It is estimated these costs will not exceed $800 and will be accommodated within the existing operational budget.

 

There may be future financial implications on landowners located within the SCA, as there is the possibility that development on some lots may be restricted through the required Adaptation Planning. However, as SPP 2.6 applies regardless of whether a SCA is in place, these restrictions can be imposed through the subdivision and/or development application processes in any event. By undertaking a CHRMAP for the Broome Townsite, the Shire is endeavouring to provide a coordinated, holistic approach to managing coastal hazards that will eliminate the need for affected landowners to undertake site-specific assessments, and incur costs associated with this, when new development is proposed. However, the proposed scheme amendment does allow for landowners to exercise this option, should they wish to undertake non-exempt development in the interim before the Broome Townsite CHRMAP is finalised, or as a variation to the CHRMAP once it is adopted.  

 

With respect to potential implications on property insurance, it is noted that most domestic insurance policies do not currently cover damage caused by actions of the sea, or only cover storm surge if it coincides with damage caused by other hazards during a storm event (such as freshwater flooding or winds). Additionally, most domestic insurance policies generally exclude covering loss of land or damage to structures due to coastal erosion – land owners bear the risk of these hazards themselves. Domestic insurance typically does not cover damage related to sea level rise.

 

RISK

 

By undertaking the CVS the Shire recognised that coastal hazards are an ongoing risk which need to be recognised, evaluated and ultimately managed. Risk identification in the CVS was undertaken in accordance with SPP 2.6 and the precautionary principle, which minimises the risk of future liability to the Shire.  The preparation of the Broome Townsite CHRMAP will further reduce risk by providing a series of targeted actions that can be undertaken to manage, or adapt to, the identified risks.

 

Notwithstanding this, a risk of future liability to the Shire remains should it fail to take into account the outcomes of the CVS in making planning decisions.  The proposed SCA will reduce the chance of this occurring as it will ensure that areas at risk of coastal hazards under the CVS are clearly identified to Shire staff, Councillors, landowners and community members through LPS6. The SCA will provide a trigger for those undertaking and assessing development that the recommendations of the CHRMAP must be taken into account. 

 

It is noted that the proposed SCA captures all properties that will be impacted by coastal hazards (as defined and discussed in the above sections), and does not differentiate between levels of risk. For instance, some properties in the SCA may be subject to over 1 metre of coastal inundation, as well as the risk of erosion, whilst others may be subject to inundation as a result of a temporary backup in the stormwater discharge system caused by a storm surge event, with minimal depth of flooding lasting for a short duration. The CHRMAP will consider the variations in risk likelihood and consequence and the preferred adaptation options will be designed accordingly. 

 

STRATEGIC IMPLICATIONS  

 

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

 

A healthy and safe environment

 

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

 

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

 

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

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Pursuant to Section 75 of the Planning and Development Act 2005, amends the Shire of Broome Local Planning Scheme No. 6 for the purpose of public advertising by:

(a)     Amending Clause 6.1.1 to insert subclause ix. as follows:

(ix.)      Coastal Hazard Risk Area (SCA9)

(b)     Inserting a new Clause 6.2.9 as follows:

6.2.9         Coastal Hazard Risk Area (SCA9)

6.2.9.1      Objective:

                 To ensure new development adequately considers the risk of coastal                                     hazards.

6.2.9.2      The provisions of this SCA9 do not apply where a development is proposed on land entirely outside the mapped SCA9 extent, even if a portion of the lot upon which the development is proposed is included in the SCA.

6.2.9.3      Coastal hazard risk management and adaptation planning is required to be undertaken for all new development within SCA9 in accordance with State Planning Policy 2.6 and any endorsed local planning policy, to the satisfaction of the local government, prior to the granting of development approval.

6.2.9.4      Notwithstanding the provisions of Clause 6.1.3 and 6.2.9.3, development approval is not required within SCA9 for the following development, if such development is otherwise exempt from requiring development approval under the Scheme: 

                 (a)     temporary or non-permanent structures not used for human                                            habitation;

(b)     extensions to an existing single, grouped, or multiple dwelling    where the gross floor area of the proposed extensions is no                 more than 50m2; and

                                      (c)   a change of use to a ‘P’ use where no new structures are                                                proposed.

6.2.9.5      The local government may refuse to support coastal hazard risk management and adaptation planning proposals where it is considered the proposal will lead to adverse impacts on the occupiers or users of the development, the inhabitants of the locality, the functionality of any reserve in the locality or the likely future development of the locality.

(c)     Amending the Scheme Maps by:

(i)      Inserting a new Special Control Area in the legend, to be labelled ‘SCA9 – Coastal Hazard Risk Area (See Scheme Text)’; and

(ii)      Inserting SCA9 on Maps 10, 23, 24, 27, 28, 29, 30, 31, 32, and 33 as set out in Attachment 2.  

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

(a)     It is consistent with the Shire’s Local Planning Strategy, particularly the provisions  in Section 2.4.12 – Natural Resource and Environment Management;

(b)     It is consistent with State Planning Policy 2.6; and

(c)     It will have minimal impacts on land in the scheme area that is not subject to the amendment.         

3.       Requests the Chief Executive Officer to forward this resolution and the amendment documentation to the Environmental Protection Authority pursuant to Section 81 of the Planning and Development Act 2005; and

4.       Subject to the advice of the Environmental Protection Authority under Section 48A of the Environmental Protection Act that the amendment is not subject to formal environmental assessment, requests the Chief Executive Officer to advertise the amendment for 42 days as per the Planning and Development (Local Planning Schemes) Regulations 2015.

 

Attachments

1.

Coastal Processes Map 2110 (Cardno, 2015)

2.

Proposed Extents of 'Coastal Hazard Risk Area' SCA

3.

Scheme Amendment Report

  


Item 9.2.2 - PROPOSED AMENDMENT NO. 5 TO LOCAL PLANNING SCHEME NO. 6 - CREATION OF 'COASTAL HAZARD RISK AREA' SPECIAL CONTROL AREA 

 

 

 

 



Item 9.2.2 - PROPOSED AMENDMENT NO. 5 TO LOCAL PLANNING SCHEME NO. 6 - CREATION OF 'COASTAL HAZARD RISK AREA' SPECIAL CONTROL AREA 

 

 

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Item 9.2.2 - PROPOSED AMENDMENT NO. 5 TO LOCAL PLANNING SCHEME NO. 6 - CREATION OF 'COASTAL HAZARD RISK AREA' SPECIAL CONTROL AREA 

 

 

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Agenda – Ordinary Meeting of Council 25 August 2016                                                                             Page 227 of 228

 

9.2.3      APPLICATION FOR PARKING WITHIN THE ROAD RESERVE IN ASSOCIATION WITH A PROPOSED HOME BUSINESS

LOCATION/ADDRESS:                            Lot 269 (No.24) Tokumaru Bend, Blingurr

APPLICANT:                                              Lee Jones

FILE:                                                           TOK-2/24

AUTHOR:                                                   Planning Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director Development Services

DISCLOSURE OF INTEREST:                     Nil.

DATE OF REPORT:                                    22 July 2016

 

SUMMARY:         An application for Development Approval for a ‘Home Business – Beauty Therapy’ has been received by the Shire. The application proposes to utilise parking in the road reserve for client parking.

Clause 1.5 of Local Planning Policy 8.16 – Provision of Parking (LPP 8.16) requires Council determination of any application proposing off-site parking within the road reserve. The application is therefore presented to Council for its consideration.

This report recommends that the application be approved, subject to conditions.

 

 

BACKGROUND

 

Previous Considerations

 

None.

 

Site Context

 

The subject lot, No.24 Tokumaru Bend, is located on the northern side of Tokumaru Bend, with adjoining development consisting of single dwellings. A 6m wide hard-sealed cross-over provides vehicular access to the property, with two (2) parking spaces available within the existing carport for residents of the dwelling.  A footpath providing pedestrian connection in an east-west direction along the northern side of Tokumaru Bend intersects the cross-over to the subject property.

 

Four (4) parking bays are located within the Dalmatio Street road reserve approximately 40 metres to the west of the property. Three (3) parking bays were also constructed within the road reserve adjacent to the subject site as part of the Broome North subdivision.  However, these bays became unusable following the construction of the vehicle cross-overs for numbers 24 and 22 Tokumaru Bend (see the Location Plan in Attachment 1).   

 

The Proposal

 

The applicant proposes to undertake a Home Business activity involving the provision of beauty therapy services from the property. The applicant has detailed the activity as follows:

 

-     The activity will occupy one room of the dwelling (<50sqm);

-     The proposed hours of operation will be Monday to Friday 9am to 5pm;

-     The Home Business will be undertaken by appointment only, catering to one (1) client at a time;

-     One (1) person (the applicant), a resident of the dwelling, will be employed in association with the activity.

 

Submitted plans (refer Attachment 2) show the availability of two (2) parking spaces within the existing carport. A minimum of two (2) parking bays are required for the dwelling as per clause 5.3.3 of Local Planning Scheme No.6 (LPS 6) and the Residential Design Codes 2013 (R-Codes). Further to LPP 8.16 – Provision of Parking; Schedule 16 of LPS 6 specifies the need for a minimum of one (1) parking bay to be provided for clients in addition to the minimum bays required under the R-Codes. As the carport is positioned 4 metres from the lot boundary, there is inadequate space to accommodate an additional parking bay on-site (sized 2.7m x 5.5m as per Schedule 16).

 

The application therefore seeks approval for the Home Business with the assessment of parking to be based upon the availability of public parking bays within proximity to the site.

 

COMMENT

 

Local Planning Policy 8.16 – Provision of Parking

 

LPP 8.16 allows for the consideration of parking to be provided off-site, setting out under clause 2.4 the following requirements:

 

a)   The location of the off-site parking is convenient to the subject development;

b)   Safe and well lit pedestrian access can be provided between the off-site parking and the development;

c)   The customers and patrons of the development can be reasonably expected to use the off-site parking.

 

The design principles of clause 2.4 as set out above primarily relate to situations where approval is sought for the construction of parking bays (and parking areas) off-site, which is not proposed in the case of the current application. However, the emphasis within clause 2.4 upon adequacy and safety of access to off-site parking bays is a relevant consideration in determining whether the currently proposed parking arrangements are appropriate.  

 

With reference to the subject site, the parking spaces within the Dalmatio Road reserve are located approximately 40 metres from the property, with pedestrian connection available via the existing footpath. There are four bays available for general public use within reasonable distance of the proposed home business. On this basis it is reasonable to conclude that the bays are conveniently located and safely accessible for clients of the home business.

 

Further, the applicant has advised that generally during the day there is only one vehicle parked within the carport leaving a space available for clients to park. Given this, and as there are a further four bays available for public use in proximity to this site, it is recommended that Council support a variation to the need to have three on-site parking spaces. To prevent the scenario whereby clients may seek to park on the crossover and obstruct the footpath; it is recommended that approval be conditioned to specify that parking in association with the Home Business shall at no times obstruct the footpath adjoining the property.

 

Local Planning Scheme No.6 – Clause 67 Matters to be Considered

 

Parts (i) and (u) of Clause 67 require consideration to be given to the compatibility of a proposed use with its setting, and whether adequate provision of has been made for pedestrian access. As set out above, it has been demonstrated that there is adequate pedestrian connection available to allow clients of the Home Business to safely utilise parking bays on Dalmatio Street. It is recognised that there are a limited number of parking bays within the road reserve within proximity to the location, and on this basis, it is recommended that approval be conditioned to limit the number of clients that may visit the property at any one time in association with the Home Business activity.

 

Part (y) of Clause 67 - Matters to be Considered requires that adequate consideration be given to concerns raised in any submissions received on the proposal during consultation period with adjoining land-owners. One submission was received (refer Attachment 3 - Schedule of Submissions) during the fourteen day consultation period, in which concerns were raised in relation to the availability of parking. With a view to addressing these concerns and to ensure that the potential for adverse impacts on amenity are mitigated; it is recommended that the Home Business be approved inclusive of conditions relating to hours of operation, numbers of clients, and control of parking as detailed in the recommendation of this report.

 

Given the above and as the application satisfies all other provisions of LPS6, it is recommended that the application be approved with conditions.

 

CONSULTATION

 

Further to the provisions of Local Planning Policy 8.23 – Consultation Planning Matters, the application for a Home Business was advertised via letter to land-owners within proximity, being (100m), inviting comment/registration of objection to be provided to the Shire within 14 days. One submission (refer Attachment 3 – Schedule of Submissions) was received by the Shire during the consultation period 4 July 2016 – 18 July 2016.

 

STATUTORY ENVIRONMENT

 

Local Planning Scheme No.6

 

POLICY IMPLICATIONS

 

Local Planning Policy 8.16 – Provision of Parking

 

Local Planning Policy 8.23 – Consultation Planning Matters

 

FINANCIAL IMPLICATIONS

 

Nil.

 

RISK

 

Nil.

 

STRATEGIC IMPLICATIONS  

 

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

 

Accessible and safe community spaces

 

A healthy and safe environment

 

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

 

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

 

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

 

Affordable and equitable services and infrastructure

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council grants Development Approval for a ‘Home Business – Beauty Therapy’ at Lot 269 No.24 Tokumaru Bend, Broome, subject to the following conditions:

1.         Development must be carried out in accordance with the plans and       documentation listed below and endorsed with Council’s stamp, except where          amended by other conditions of this consent:

            Plans and Specifications

            P1 (Site Plan & Floor Plan) received by the Shire 20 June 2016.

2.         The applicant is to ensure that client parking at no times encroaches onto the             crossover outside of the property boundary and that the pedestrian footpath             remains free of obstruction at all times.

3.         The ‘Home Business – Beauty Therapy’ the subject of this approval is approved to             operate between the hours of 9am to 5pm Monday to Friday only.

4.         A maximum of one (1) client may visit the property at any one time in association    with the approved ‘Home Business – Beauty Therapy’ activity.

5.         No person(s) other than the occupant(s) of the dwelling may be employed on-site in association with the ‘Home Business – Beauty Therapy’ activity.

 

 

Attachments

1.

Attachment 1 - Location Plan

2.

Attachment 2 - Site & Floor Plan

3.

Attachment 3 - Schedule of Submissions

  


Item 9.2.3 - APPLICATION FOR PARKING WITHIN THE ROAD RESERVE IN ASSOCIATION WITH A PROPOSED HOME BUSINESS

 

 

LOCATION PLAN – NO.24 TOKUMARU BEND, BROOME

 


Item 9.2.3 - APPLICATION FOR PARKING WITHIN THE ROAD RESERVE IN ASSOCIATION WITH A PROPOSED HOME BUSINESS

 

 

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Item 9.2.3 - APPLICATION FOR PARKING WITHIN THE ROAD RESERVE IN ASSOCIATION WITH A PROPOSED HOME BUSINESS

 

 

 

#

Name

Date

Submission

Staff Comments

Recommendations

1

 Landowner – Tokumaru Bend

19 July 2016

1.    There are already 4 cars parked at the property, with 1 car parked on the footpath. I do not think they have reasonable car parking for their customers.

 

2.    There is already a vehicle & trailer parked on the property already as part of a gas and plumbing business.

 

3.    Beauty Therapy business is already running from the property. Why are they getting permission for a second business?

 

4.    The Beauty Therapy business is already running on weekends. Customers park their cars on the curb and footpath. The customer parking is a traffic hazard and safety hazard for children.

 

5.    Due to their being no signage on the property for the Home Business, people looking for the property often knock on the door of neighbours and this is disruptive and upsetting.

 

6.    There are too many similar Home Business activities in the street and some houses also have trade-persons parking their vehicles outside the properties meaning the street is over crowded with business vehicles and trailers.

1.    The applicant has confirmed to Planning Officer that there are two (2) vehicles parked at the property for residents of the dwelling.

 

2.    It is permissible for residents to park a work vehicle and trailer (with total tonnage less than 3.5 tonnes) within the boundary of a property. It is understood the vehicle is for work purposes off-site.

 

3.    A Home Business or Home Occupation has not previously been approved for the property.

              The application is for           retrospective approval.

 

4.    The application is not seeking approval to operate on weekends and approval is recommended to be conditioned to specify approved hours of operation. The safety issues associated with a lack of parking space on-site are noted and will inform assessment.

 

5.    The applicant has been advised of the need for signage and has provided written confirmation to the Shire that they will display a sign sized less than 0.2sqm. Based on discussion with applicant regarding the need for signage, the applicant confirmed via email that appropriately sized and located signage will be displayed during hours of operation.

 

6.    The concerns for the number of Home Businesses / Home Occupations activities are noted. There is no limit under current Shire policy applicable to numbers of such activities within the residential zone. Shire Planning Services has written to landowners in the subject street seeking clarification regarding land-use activities being undertaken on their properties. 

 

 

 

 

 

 

 

 

That the submission is acknowledged, noting the following recommendations further to points raised:

 

1.    That approval be conditioned to specify that no more than one (1) client may visit the property at any one time in association with the Home Business.

 

2.    No recommendation.

 

3.    No recommendation.

 

4.    Approval is recommended to be conditioned to limit hours of operation to between 9am – 5pm Monday to Friday.

 

5.    No recommendation.

 

6.    No recommendation.

 

 


Agenda – Ordinary Meeting of Council 25 August 2016                                                                             Page 236 of 237

 

9.2.4      SUBMISSION ON POST IMPLEMENTATION REVIEW OF PLANNING AND DEVELOPMENT (LOCAL PLANNING SCHEMES) REGULATIONS 2015

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Shire of Broome

FILE:                                                           PLA25

AUTHOR:                                                   Statutory Planning Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director Development Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    28 July 2016

 

SUMMARY:         The Department of Planning is undertaking a post-implementation review of the Planning and Development (Local Planning Schemes) Regulations 2015. The Department wrote to all local governments on 16 June 2016 with a list of possible amendments and requested feedback by the 18 July 2016.

As an extension to the comment period was not granted, Officers made an officer level submission on the post-implementation review.

This report recommends that Council endorses the submission made by Shire Officers.

 

 

BACKGROUND

 

Previous Considerations

 

SMC 29 January 2015                        Item 9.2.2

OMC 25 February 2016                     Item 9.2.3

 

The Planning and Development (Local Planning Schemes) Regulations 2015 (LPS Regulations) came into operation on the 19 October 2015 and replaced the Town Planning Regulations 1967. The LPS Regulations resulted in the following changes of note:

 

·    Introduction of deemed provisions which apply automatically to all Local Planning Schemes across the State and have effect as it they were a part of the Scheme. Amendment No 4 to Local Planning Scheme No 6 (LPS6) was recently approved by the Minister to remove the provisions of LPS6 which have been replaced by the deemed provisions.

 

·    Inclusion of model provisions which are similar in function to the previous Model Scheme Text, however are more prescriptive as they set the types of land use zones and objectives for each zone. The Shire will be required to amend LPS6 to be consistent with the model provisions by 2020.

 

·    Introduction of changes to the scheme amendment process to allow for three tracks of scheme amendments (basic, standard and complex).

 

·    Inclusion of the structure plan adoption and approval process into the deemed provisions to the effect that the Western Australia Planning Commission (WAPC) is the sole approval body for a structure plan (previously it was a dual approval between the local government and the WAPC). Also, specific timeframes have been incorporated in which the local government must assess and accept a structure plan for advertising, the period of advertising and the period the local government has to prepare a report for consideration by the WAPC.

 

As the LPS Regulations have been operational for nine months, the Department is undertaking a post-implementation review and have prepared a list of possible amendments to address issues raised with respect to the implementation of the Regulations. The amendments proposed by the Department are set out in Attachment No 1 and can be categorised into the following:

 

·    proposed amendments to correct administrative errors;

·    proposed amendments to clarify the original intent of clauses or provisions where unintended outcomes have resulted from the drafting process;

·    proposed amendments to vary clauses or provisions where implications for the planning system were not anticipated or misunderstood; and

·    proposed amendments to zones and reserves.

 

COMMENT

 

In the main the amendments proposed are administrative in nature and are generally supported. The WA Local Government Association (WALGA) also reviewed the proposed amendments and circulated a draft response (Attachment No 2). The response prepared by WALGA reflected the Shire officers’ review of the amendments proposed.  As such, the submission made by Shire officers supports the response provided in the WALGA submission. A copy of the officers’ submission is provided in Attachment No 3.

 

WALGA also raised that additional issues should be addressed in the post-implementation review (refer to the final page of Attachment No 2). Officers supported the views of WALGA that the post-implementation review should provide clarity on the issue ‘Connection to SPP requirements’ and specifically, how to ensure local governments have planning discretion in relation to single residential dwellings on lots that have been identified as potentially subject to coastal hazards (and other hazards addressed in SPPs).

 

As Council would be aware, SPP 2.6 – State Coastal Planning now obliges local governments to identify hazards areas and show due regard for this information in the amendment and development of Local Planning Schemes and the assessment of development applications. However there is little clarity in the Regulations (or other planning Guidelines) on how to achieve this.

 

In the Shire’s case a Coastal Vulnerability Study has been prepared consistent with SPP 2.6 which identifies the coastal risk and lots which are likely to be impacted by coastal processes, however an amendment to the Scheme to introduce a Special Control Area has not been finalised. Therefore if single house construction was proposed on a residential lot, even if the CVS identified it being at risk, the development approval may not be required, pursuant to Clause 61 of the deemed provisions – development for which development approval not required. Given the potential risks and liability for the Shire and also given this is a State wide issue, the officers supported the view of WALGA that this should be addressed as a part of the post-implementation review of the LPS Regulation.

 

Overall, it is recommended that Council support the amendment prepared by Officers.

 

CONSULTATION

 

Nil.

 

STATUTORY ENVIRONMENT

 

Planning and Development Act 2005

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

Nil.

 

RISK

 

Nil

 

STRATEGIC IMPLICATIONS  

 

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

 

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

 

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

 

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

 

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

 

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

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council endorses the submission on the post-implementation review of the Planning and Development (Local Planning Schemes) Regulations 2015 as set in Attachment No 3 of this report.

 

Attachments

1.

Attachment No 1 - Department of Planning's List of Amendments

2.

Attachment No 2 - WALGA submission

3.

Attachment No 3 - Shire of Broome Submission

  


Item 9.2.4 - SUBMISSION ON POST IMPLEMENTATION REVIEW OF PLANNING AND DEVELOPMENT (LOCAL PLANNING SCHEMES) REGULATIONS 2015

 

 

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Item 9.2.4 - SUBMISSION ON POST IMPLEMENTATION REVIEW OF PLANNING AND DEVELOPMENT (LOCAL PLANNING SCHEMES) REGULATIONS 2015

 

 

Proposed amendments to Planning and  Development

(Local Planning Schemes) Regulations 2015

 

 

Proposed amendments to correct administrative errors

Regulation / Clause

Proposed change

Justification

WALGA response

Regulations

 

All of Regulations

Change the reference to ‘sections’ at the top of each page to ‘regulations.’

Rectify drafting error.

 Support

Model  Provisions

 

cl.7(1) - Contents of scheme

Add additional subclause to the effect ‘the supplemental provisions to the deemed provisions contained in Schedule A of the scheme (if any).’

When undertaking scheme ‘conversions’ to bring local planning schemes into conformity with the new Regulations, planning officers at the Department of Planning have been encouraging local governments to consolidate all of their scheme provisions that are ‘supplemental’ to the deemed provisions into a separate section of the scheme called ‘Schedule A’ for clarity and ease of reference. Accordingly, this proposed change to model provision 7(1) will ensure that it is clear to users of those schemes that the supplemental provisions contained in ‘Schedule A’ form part of the scheme.

7(1) states “In addition to the provisions set out in this document (the scheme text)” so isn’t this just a double up?

 

Without seeing the exact wording, this may still cause confusion.

 

 

Deemed Provisions

 

cl.28(3) - Commission may extend period of approval of a structure plan

Remove words ‘or the conditions attached to the approval.’

This phrase does not have any utility as the Commission does not have the ability under the deemed provisions to approve a structure plan subject to conditions.

Conditional support (would need to see the final text to provide full support for this change).

Suggest that “if there are no changes to the terms of the plan” could also be deleted given the provisions of 29(4)

 

 

 

Proposed amendments to clarify the original intent of clauses or provisions where unintended

outcomes have resulted from the drafting process

 

Regulation / Clause

Proposed change

Justification

WALGA response

 

r.8(1)(c) - contents of local planning scheme

Amend r.8(1)(c) to match the wording used in cl.7(1)(a) of the deemed provisions.

To avoid confusion about deemed provisions being incorporated into schemes.

Assuming that the proposed change refers to cl.7(1)(a) of the  model  provisions rather than the deemed provisions.

If yes, then this change is conditionally supported (would need to see the final text to provide full support for this change).

 

r.15(1) - timeframe for  LG to refer documents to Commission to endorse local planning strategy

Change timeframe for Commission to endorse local planning strategy from 60 days to 120 days.

Change to 120 days will ensure that the process for endorsing a strategy is consistent with the timeframes in the equivalent process for new schemes and complex amendments.

If the justification is to ensure consistency, why not change the timeframes for new schemes and complex amendments to 60 days rather than increasing this timeframe?  This would also assist in the State’s Planning Reform agenda to streamline the planning process and reduce delays.

 

r.22(4) - advertising timeframes

Reduce ‘submission period’ for new schemes and each stream of scheme amendments by amending r.22(4)(a) to 60 days, r.38(4) to 42 days and r.47(4) to 28 days.

There proposed reductions to minimum submission periods reflect the original intent of Regulations. The original intention was to reduce advertising times for new schemes from the previous Regulations, that complex amendments have a timeframe that is the same as the previous scheme amendment process and that standard amendments have a timeframe that is shorter than the previous amendment process. Under the current version of Regulations complex amendments are advertised for longer than the single track amendment process was under the previous Regulations.

‘To reflect the original intent’ is a not a proper justification for change. A more robust justification is needed here. Otherwise the reduced consultation timeframes may be perceived as another way to remove the community from the process, and may further disenfranchise many community members.

 

r.34 - definitions of ‘complex’ amendment

Remove details of ‘complex’ amendment definition and replace with ‘any amendment that does not fall within the definitions of ‘standard’ or ‘basic’ amendment’ or remove the criteria in the ‘complex’ amendment definition which is likely to conflict with the ‘standard’ amendment criteria and clarifying the intent of the ‘complex’ amendment stream

An amendment currently may currently fall within two of the amendment stream definitions. For example, the amendment may be consistent with a region planning scheme (a ‘standard’ amendment) but also be inconsistent with a local planning strategy for the area because the strategy is out of date (a ‘complex’ amendment). It is the intention that the ‘complex’ amendment stream be the ‘default’ stream in that any amendment that does not fall within the definitions of ‘standard’ amendment or ‘basic’ amendment are automatically a ‘complex’ amendment. The intent  of the ‘complex’ amendment stream is to capture amendments that do not comply with the endorsed strategic planning framework; may have significant external impacts; identify or amend a Development Contribution Plan; or any other amendment that does not fall within the ‘standard’ or ‘basic’ amendment definitions.

Conditional Support (would need to see the final text to provide full support for this change).

 

r.34(a) - definition of ‘basic’ amendment

Add to definition of ‘basic’ amendment an amendment that is purely administrative in nature.

The definition of ‘basic’ amendment currently includes amendments that are a result of an ‘administrative error.’ However, local government may have very basic administrative changes (re-numbering for example) that has not resulted from an ‘error’ per se but it would be appropriate for them to be progressed as a ‘basic’ amendment.

 

Conditional Support (would need to see the final text to provide full support for this change).

 

r.34(b) - definition of ‘basic’ amendment

Add to definition of ‘basic’ amendment an amendment to the scheme map for consistency with Schedule 3.

Currently the definition of ‘basic’ amendment only references amendments that bring the scheme into consistency with Schedules 1 and 2 of the Regulations (the model and deemed provisions) but does not capture the zones names and colours listed in Schedule 3.

Conditional Support (would need to see the final text to provide full support for this change).

r.34(b) - definition of ‘basic’ amendment

Add to definition of ‘basic’ amendment an amendment to remove or amend scheme provisions that conflict with the Regulations.

Currently the definition of ‘basic’ amendment only references amendments that bring the scheme into consistency with Schedules 1 and 2 of the

Regulations (the model and deemed provisions) but does not capture changes to the scheme that need to be removed or amended for consistency with the Regulations themselves.

Conditional Support (would need to see the final text to provide full support for this change).

r.34(c) - definition of ‘basic’ amendment

Add to paragraph (c) of the definition of ‘basic’ amendment, an amendment to the scheme text to delete or amend provisions that have been superseded by the deemed provisions.

Currently, paragraph (c) of the definition of ‘basic’ amendment refers to an amendment to the scheme text to ‘delete’ provisions that have been superseded by the deemed provisions. However, in many cases current scheme provisions just need to be reworded so that they are not inconsistent with the deemed provisions rather than deleted in their entirety.

Therefore, it is proposed that a proposal to ‘amend’ a scheme provision as a result of the deemed provisions to be a ‘basic amendment.’

Conditional Support (would need to see the final text to provide full support for this change).

r.34(d) - definition of ‘complex’ amendment

Remove subclause (d) from the definition of ‘complex’ amendment and include a new provision which provides that where the Minister orders a local government to amend their scheme as a result of under s.76 or 77A of the Act, then the Minister is to determine which amendment stream is appropriate for progressing the amendment. This new provision could be located in r.7, which provides that the Regulations apply to a scheme amendment that has resulted from an order under section 76 or 77A.

Currently paragraph (d) of the definition of ‘complex’ amendment includes an amendment made to comply with an order made by the Minister under section 76 or 77A of the Act. However, it is not necessarily the case that because the Minister has ordered a local government to amend their scheme under one of these sections that it is ‘complex’ in nature. For example, it may be the case that the Minister orders a local government to amend their scheme for consistency with a region planning scheme that applies to the area. In this scenario, it is likely that the amendment could be progressed as a ‘basic’ amendment.

Conditional Support (would need to see the final text to provide full support for this change).

r.37(5) - resolution to proceed to advertise ‘complex’ amendment

Amend r.37(5) to make it clear that if the  local government resolves not to proceed to advertise a scheme amendment under r.37(1) (c), then the local government must provide a copy of that resolution to the Commission within 21 days. Also clarify that if the Local government resolves not to proceed to advertise a complex amendment then the scheme amendment process stops there (i.e. the Commission does not need to consider it and the Minister does not need to make a decision on the amendment).

Currently, the ordering of the provisions under r.37 suggest that the a local government can resolve to proceed to advertise a scheme amendment, but then refuse to make the modifications requested by the Commission under r.37(4).

Also there appears to be confusion as to whether, under cl.37, a local government resolves not to proceed to advertise the scheme amendment that the scheme amendment does not progress any further.

Conditional Support (would need to see the final text to provide full support for this change).

r.38(3) - advertising ‘complex’ amendment - copy at office of WAPC

Remove requirement for a ‘complex’ amendment to be made available for inspection at the office of the Commission under r.38(3)(b).

Currently, under r.38(3), during the advertising of a ‘complex’ amendment, the local government must make sure that the amendment is available for inspection at the office of the local government and the Commission. However, under r.47(3) a ‘standard’ amendment only needs to be made available for inspection at the office of the local government.

Therefore, removing the requirement for a ‘complex’ amendment to be made available for inspection at the office of the Commission will ensure consistency with the ‘standard’ amendment process.

Conditional Support (would need to see the final text to provide full support for this change).

 

The justification should also acknowledge that it was unreasonable to expect that any local government could have control over the public advertising display space at the Commission’s office.

 

r. 47(2)(c) - advertisement of a ‘standard’ amendment

Amend r.47(2)(c) to provide that when the local government provides a copy of the notice of the ‘standard’ amendment to each public authority that is likely to be affected by the amendment, the local government is also to provide a copy of the notice to the Commission (for its information not for assessment).

For a new schemes and ‘complex’ amendments the Commission is sent a copy of the proposal before it is advertised. However, this is not the case with a ‘standard’ amendment because there is no second resolution to proceed to advertise the amendment. Currently for a ‘standard’ amendment the Commission does not become aware of the proposed amendment until it is submitted to the Commission for assessment.

Not supported.  It could be clearer to add in a new section r.47(2)(f) which just required the local government to send the Commission a copy of the notice.

Attaching it to clause r.47(2)(c) may cause more confusion, as it implies that the Commission wants to see all of the notices sent to the public authorities. If the Commission just wants to be aware of the amendment, then one copy of the notice would be easier for the administration of this requirement.

 

r.67(1) - decision of Commission on LPS review

Amend r.67(1) to provide that if the Commission disagrees with the recommendation in the report of review, the Commission can direct to undertake such steps as the Commission sees fit.

Under s.92(1)(b) of the PD Act, the Minister can either approve the review and recommendations with respect to the Scheme or require the local government to take any further action directed by the Minister before the review is resubmitted for the

Minister’s approval (i.e. if the recommendation is that a new scheme should not be prepared, the Minister can direct a new scheme to be prepared). This option is not available to the Commission under r.67(1). Therefore, it is suggested that r.67(1)(a) be amended so that if the Commission disagrees with the local government’s recommendation then it can direct the local government to do what the Commission thinks is necessary.

Not Supported.

This is a major change in the ‘power’ of the WAPC, and could provide the WAPC with the same powers of the Minister, in being able to direct a LG ‘to do what the Commission thinks is necessary’. And without clear governance being proposed to accompany this regulation change, these powers may not be used correctly.

It may be more appropriate to clarify that the Commission may forward the report on the review of a local planning scheme to the Minister to consider, who can then consider the use of the provisions of s.92(1)(b).

 

r.77 - definition of ‘planning instrument’

Move definition of ‘planning instrument’ contained in r.77 to r.3 so that the definition applies to the Regulations in their entirety, including the deemed provisions.

The SAT case of Terra Spei Ltd v Shire of Kalamunda noted that this definition of ‘planning instrument’ only applies for the purpose of Part 9, and cannot be applied to the reference to ‘planning instrument’ in cl.67(b) of the deemed provisions.

Conditional Support (would need to see the final text to provide full support for this change).

 

 

Model  Provisions

WALGA response

cl.18(2) - definition of ‘P’ use

Replace the word ‘any’ with ‘all’.

This amendment will clarify that in order for a use to be considered a ‘P’ use, it much comply with all of the development standards and requirements in the scheme which apply to the proposed use.

Conditional Support (would need to see the final text to provide full support for this change).

 

cl.18(7) - explanation of how to deal with an application for

development approval in an urban development zone

Move cl.18(7) to cl.27 of the deemed provisions (and equivalent clauses for activity centre plans and local development plans).

Moving cl.18(7) to the deemed provisions is intended to provide clarification how to determine a planning application where land use permissibilities are contained in a structure plan, as this has cause considerable confusion.

Conditional Support as without seeing the exact wording, this may just add further confusion

cl.20 - restricted uses

Replicate the legislative note in cl.4.6 of the previous MST in cl.20 of the model provisions. This legislative note says ‘ a restricted use is the only use or uses that  is permitted on a specific portion of land and other uses that would otherwise be permissible in the zone are not permitted.’

There is currently some confusion with respect to how the restricted uses table is to be used. Clause 14 of the model provisions (which is based on the 1999 MST) provides that only the uses listed in the restricted use table are permitted on the site. This is the most common way the table is used. However, the local planning manual suggests that the table is to be used to list uses that are prohibited on the site, notwithstanding that the use may be listed as permitted in the zoning table. This proposed amendment will clarify that the restricted use table should be used to identify the only uses that are permitted on the identified site.

Conditional Support (would need to see the final text to provide full support for this change).

 

 

cl.25(4) - when the R-Codes apply

Amend cl.25(4) to clarify that the R-Codes apply to an area if it has a coding number superimposed on the scheme map or in a  provision of the scheme that applies the  R-Codes.

In some cases scheme provisions, rather than the scheme map, identify the R-Coding for an area. E.g. a scheme provision may say that residential development in a rural zone is to be in accordance with the R10 coding. The intention of this proposed amendment is to ensure the R-Codes apply where such provisions are used.

Conditional Support (would need to see the final text to provide full support for this change).

 

 

cl.34 - variations to site and development standards

Broaden cl.34 to allow for variation to any site or development standard contained in the scheme. Also, add a provision similar to cl.5.5.1 of the previous MST to clarify that this clause does not apply with respect to development to which the R-Codes apply.

It is common for site and development standards to be disbursed throughout the scheme text. For example, many schemes include site and development standards in under the zone objectives. Therefore, it is preferred that cl.34 be broadened to allow for variation to any site and development  standards contained in the scheme, rather than only those contained in cl.32 and cl.33 of the model provisions. Adding a provision similar to cl.5.5.1 of the previous MST will ensure that cl.34 does not allow for variation to the requirements of the R-Codes (as the R-Codes have their own in built variation mechanisms).

Conditional Support (would need to see the final text to provide full support for this change).

 

 

 

cl.34 - variations to site and development standards

Move cl.34 to the deemed provisions.

Clause 34 is considered to be of great importance and it has been suggested that it be moved to the deemed provisions.

Not Supported.

‘of great importance’ is not sufficient justification to warrant moving this clause to the deemed provisions.  And who has actually suggested moving the clause?

Greater consultation on this clause would be needed with all stakeholders prior to moving it to the deemed provisions as it will affect all 140 Local Governments Local Planning Schemes

 

 

cl.38 - definition of animal husbandry - intensive

Amend definition as follows: ‘Premises used for keeping, rearing or fattening of alpacas,  beef and dairy cattle, goats, pigs, poultry (for either egg or meat production), rabbits (for either meat or fur production), sheep or other livestock in feedlots, sheds or rotational pens.

Outcome of review of SPP 2.5.

Doesn’t ‘other livestock’ already cover these additional animals?

 

cl.38 - definition of aged care

Add definition for aged care facility/ nursing home to mean ‘a premises used to provide accommodation and personal or nursing care for the aged and may include recreational, health or laundry facilities and services for residents of the facility.’

Concerns have been raised by City of Nedlands that if a local government wanted to allow for aged care/ nursing homes in residential areas the closest existing definition in the model provisions is a ‘hospital.’ However, it was argued that allowing for a ‘hospital’ in a residential zone may not be appropriate. This proposed definition is currently contained in the Victorian model planning provisions.

WALGA has undertaken some preliminary

research into this issue, and spoken with

several Local Governments and Aged Care

providers as to what definition may be more

appropriate. The new definition WALGA

puts forward for discussion is:

 

Aged Care Accommodation: means a facility

which encompasses residential aged care;

a premises in which persons receive medical

and domestic care due to illness or disability,

and retirement villages; or a development

containing accommodation for aged persons.

 

NOTE: Aged Care Accommodation could also include ancillary services, including respite care or small commercial operations e.g. a small café or hairdresser, which can be accessed by the residents and possibly the wider public. 

 

While the wording of this definition will need further discussion, WALGA has taken the advice of its members and Aged Care providers and provided a definition which incorporates the direction that aged care facilities are taking, in encouraging ageing in place through the co-locating of residential aged care and retirement villages. This definition includes other accommodation types such as supported accommodation, transitional care and respite care, as well as ancillary facilities which are available to both residents and the wider community.

 

 

cl.38 - definition of bulky goods showroom

Amend definition by changing the ‘or’ between subclause (a) and (b) to an ‘and’ and clarify that the list of products in subclause

(a) is not exhaustive.

Currently, small shops which sell party supplies, for example, would be classed as a ‘bulky goods showroom’ even though the premises does not require a large area or a bay for collection of goods.

What is a definition of a large area? Suggest a size threshold might be more appropriate as per the size threshold for large and small liquor stores outlined in WALGA’s  Alcohol Management Guide.

 

cl.38 - definition of fast food outlet/ lunch bar

Separate the definitions of fast food outlet and lunch bar, retaining the current definition for fast food outlet and adopting the definition for lunch bar from the previous Model Scheme Text.

There is concern that there may be zones where a lunch bar is appropriate but not a fast food outlet like McDonalds.

Conditional Support (would need to see the final text to provide full support for this change).

 

 

cl.38 - definition of freeway service centre

Amend definition to add the underlined text: ‘Premises that has direct access to a freeway and which provides all the following services or facilities and may provide other associated facilities or services but does not provide bulk fuel services -

(a)     service station facilities;

(b)     emergency breakdown repair for vehicles;

(c)     charging points for electric vehicles;

(d)     facilities for cyclists;

(e)     restaurant, café or fast food services, excluding the sale or consumption of  alcohol under the Liquor Licensing Act  19 88;

(f)      take-away food retailing, without a drive- through facility;

(g)     public ablution facilities, including provision for truckers, disabled access and infant changing rooms;

(h)     parking for passenger and freight vehicles;

(i)      outdoor rest stop facilities such as picnic tables and shade areas; and

(j)      dump points for the disposal of black  and/or grey water from recreational  vehicles.’

Outcome of review of DC 1.10.

Support.

 

 

cl.38 - definition of industry cottage

Add back in the definition of industry cottage from previous Model Scheme Text.

This will allow people to make crafts at their home and then sell them from their home, which is common in rural areas.

Conditional Support (would need to see the final text to provide full support for this change).

 

 

cl.38 - new definition for ‘renewable energy facility’

Add a new definition for ‘renewable energy facility’ to replace the ‘wind farm’ definition with the following definition: “renewable energy facility means premises used to generate energy from a renewable energy source and includes any building or other structure used in, or in connection with,  the generation of energy by a renewable resource. It does not include solar panels or

a wind turbine located on a lot with a single house where the energy produced only supplies that house or private rural use or anemometers.”

To capture solar facilities and wind farms.

Suggest the definition is made clearer, particularly the definition of a renewable energy source – for example does this definition include energy from waste facilities?

 

cl.38 - definition of road house

Change ‘road house’ to ‘roadhouse’ and amend definition by adding the underlined text: ‘Premises that has direct access to a State road other than a freeway and which provides the services or facilities provided by a freeway service centre and may provide any of the following facilities or services:-

(a)     a full range of automotive repair services;

(b)     wrecking, panel beating and spray painting services;

(c)     transport depot facilities;

(d)     short-term accommodation for guests;

(e)     facilities for being a muster point in response to accidents, natural disasters and other emergencies; and

(f)      dump points for the disposal of black and/or grey water from recreational vehicles.

Outcome of review of DCP 1.10.

Support.

 

 

cl.38 - definition of ‘service station’

Change the ‘or’ between subclauses (a) and

(b) of the definition to ‘and/or’.

Currently, the ‘or’ between subclauses (a) and (b) of the definition of ‘service station’ means that a

service station can sell petrol but cannot undertake minor mechanical repairs to vehicles. Concern has been raised that a large number of service stations, as well as selling petrol, also offer mechanical repairs, tyre repairs and greasing and the way the definition is currently drafted would prevent this. This proposed amendment will, for example, allow a service station to sell petrol and provide services for minor mechanical repairs. Alternatively it will allow the service station to sell petrol without offering mechanical repairs.

Support.

 

cl.38 - definition of ‘shop’

Revise the definition of shop to address land uses like department stores and supermarkets.

Currently the definition of ‘shop’ would include a supermarket and department stores. There may be zones where a small shop is appropriate but not a supermarket or department store.

How will this be achieved, by size?

Conditional Support (would need to see the final text to provide full support for this change).

 

 

cl.38 - new definition for ‘repurposed dwelling’ and ‘second hand dwelling’

Add new definitions for ‘repurposed dwelling’ and ‘second hand dwelling’ as follows: ‘repurposed dwelling’ ‘means a building or structure not previously used as a single house which has been repurposed for use as a dwelling.’ ‘second hand dwelling’ ‘means a dwelling that has been in a different location, and has been dismantled and transported to another location, but does  not include a modular home or transportable dwelling.’

Amenity concerns have been raised by various stakeholders with respect to relocatable and transportable dwellings being exempt under the Regulations as they would currently fall within the definition of a ‘single house’ which are normally listed as ‘P’ uses in schemes. To address this issue it is proposed that separate land use definitions for ‘repurposed dwellings’ and ‘second hand dwellings’ into the model definitions and then local governments can control the location of these dwellings through the zoning table.

 

Not supported as it is not the best outcome and adds an additional administrative layer onto those local governments affected.

Creating two additional landuses may be more confusing and requiring every Local Government to include these clauses into their Scheme is time-consuming and an unnecessary administrative burden.

WALGA has advocated for the reinstatement of Local Planning Policies (LPP’s) created under the RCodes, as the streetscape and amenity issues for these types of dwellings can be controlled through LPP’s prepared under the Rcodes. 

How does this address concerns with respect to relocatable and transportable dwellings such as factory made modular homes? Or are they just considered a being just a new ‘single house’? And would this new definition affect modular two storey additions to a single house?

 

cl.3(1) - where a local planning policy may be prepared

Amend cl.3(1) to make it clear that a local government can only make local planning policies with respect to matters which it has discretion to determine (i.e. development). Further, if a local government wishes to create a local planning policy which is a matter of Commission discretion (i.e. Public Open Space), then the local planning policy will require the Commission’s approval to ensure that it is consistent with the State Planning framework (i.e. SPPs and Liveable Neighbourhoods).

There have been calls to introduce a mechanism whereby the Commission can intervene in the process for preparing a local planning policy where the Commission has a firm policy position. However, rather than introducing a formal right to intervene, it is thought more appropriate to ensure that

Commission approval is sought for any local planning policy which relates to matters which the Commission determines.

Not supported as the final text is required in order to properly consider this change.

Local Planning Policies (LPP’s) carry no statutory weight, so what is the purpose of seeking WAPC approval for LPP’s?

What approval processes will be in place for the approval of LPPs?

Will there be a more streamlined options available like the Local Planning Scheme adoption/amendment process?

And what happens to existing LPPs with respect to matters which is a matter of Commission discretion (ie existing POS policies, if there are any). And how many currently exist?

 

cl.4(1) - advertising of a local planning policy

Amend cl.4(1) to clarify that the Commission can waive the advertising of a local planning policy.

As this clause is currently drafted it could be argued that the Commission can only agree to a different method of advertising rather than having the ability to waive advertising altogether.

Conditional Support (would need to see the final text to provide full support for this change).

 

cl.8(3) - advertising/ notification requirements for heritage list

Include a provision which provides that where the owner applies for their own property to be added to the heritage list, the LG may waive the requirement to notify the owner under cl.8(3)(a).

The City of Perth have advised that many people ask for their own property to be added to the heritage list and in such cases it seems impractical to advise the owner of the proposal to include the property on the heritage list under cl.8(3).

Conditional Support (would need to see the final text to provide full support for this change).

 

cl.8(3) - interim heritage listings

Add a provision which provides that if it is proposed that a property will be entered on the heritage list and the local government complied with cl.8(3)(a) (has notified the owner in writing of the proposal) then the property is automatically considered to be on the heritage list for a period of 1 year or until a resolution under cl.8(3)(d) is made, which ever occurs first.

Local government have requested a mechanism to protect interim heritage places from planning exemptions until assessment and formal listing occurs. It is intended that once the land owner has been notified in accordance with cl.8(3)(a) the property will be considered to be on the heritage list for the purpose of the exemptions in cl.61 of the deemed provisions.

Conditional Support (would need to see the final text to provide full support for this change).

 

cl.9(2)(b) - heritage significance of area

Add to cl.9(2)(b) that the local planning policy designating the heritage area must include

a statement about the heritage significance of the area and the objectives of the heritage area.

 

Surely the objectives of a heritage area are covered off by cl 9.(1) that states the purpose of designating a heritage area. What is the purpose of requiring additional details that are already covered by the regulations?

Justification? Objectives like ‘preserving heritage’, ‘increasing awareness’?

cl.15(a) - when a structure plan may be prepared

Replace the ‘and’ between cl.15(a)(i) and 15(a)

(ii) to an ‘or’ so that a structure plan may be prepared if located in a zone identified in the scheme as an area suitable for urban or industrial development or is located in an area that the Scheme identifies as requiring a structure plan before subdivision or development is undertaken.

Further, add an additional provision to clarify that a structure plan may be prepared in support of an amendment to rezone land to urban or industrial development (in accordance with cl.15(a)(i)).

Allows for a structure plan to be prepared once the scheme amendment to rezone the land to urban or industrial development has been initiated. Also allows for the structure plan and the associated scheme amendment to be advertised concurrently. However, in accordance with the requirement of cl.15(1)(a) the scheme amendment will need to be given final approval by the Minister before the WAPC can resolve to approve the structure plan.

Conditional Support (would need to see the final text to provide full support for this change).

 

cl.17 - action by local government on receipt of application for a structure plan

Add a provision which allows an applicant to withdraw its application for a structure plan at any stage in the structure plan approval process.

Currently there is a degree of uncertainty whether an applicant can withdraw a structure plan application when it is part of the way through the approval process.

Conditional Support (would need to see the final text to provide full support for this change).

 

cl.22(2) - Commission may direct readvertising

Remove the words ‘before a decision is made under subclause (1)’ and amend provision to provide that where the Commission makes a decision to require modifications to the structure plan under cl.22(1)(b), and these modifications are considered to be ‘major’ then the Commission may require the local government to readvertised the required modifications before making the modifications and resubmitting the structure plan to the Commission for approval.

 

Provide that, if the Commission requires modifications and those modifications are readvertised, then the Commission has 60 days from the structure plan being resubmitted to approve the structure plan.

 

Also, include a provision which clarifies that when modifications are readvertised, the local government is required to resubmit another report in accordance with cl.20 of the deemed provisions with respect to the outcome of submissions.

Currently, if the Commission requires modifications to be advertised, there is no stop the clock on the 120 day deemed refusal period under cl.22(5) as a

decision under cl.22(1)(b) has not yet been made. Also, there is no guidance with respect to how the local government is to process the amendment once it has been readvertised. This causing some confusion.

Conditional Support (would need to see the final text to provide full support for this change).

 

cl.22(5)(a) - deemed refusal period for structure plans (also cl.41 and cl.54)

Add a provision which clarifies that where the Commission requires modifications to a structure plan (stopping the clock on the deemed refusal period) the Commission must provide a timeframe in which the modifications need to be made and resubmitted to the Commission before the structure plan is deemed to be refused.

Proposed timeframe is 28 days, or as otherwise provided by the Commission.

Currently when the Commission requests modifications to a structure plan, if the applicant refuses to make these modifications then the timeframe for deemed refusal stops indefinitely under cl.22(5) unless the Commission refuses the application.

Is 28 days long enough to make the modifications required?  Does this timeline factor in any requirement for the structure plan to go back to a full Council meeting for endorsement?

Conditional Support (would need to see the final text to provide full support for this change).

 

cl.25 - SAT review of structure plan (also cl.41 and 51)

Add an express right of review to SAT for situations where the Commission requires modifications to a structure plan under cl.22(b) and the applicant disagrees with those modifications.

Currently cl.25 only provides a right of review to SAT of a decision by the Commission ‘not to approve a structure plan.’ This has caused some confusion as to whether an applicant has a right of review to SAT with respect to a Commission’s decision to require certain modifications to be made and the structure plan be resubmitted for approval.

Conditional Support (would need to see the final text to provide full support for this change).

 

cl.29(3) - process for minor structure plan amendment (also cl.45 and cl.59)

Amend cl.29(3) to provide that where the local government has waived the advertising of a minor amendment to the structure plan, cl.19 (local government consideration of submissions) also does not apply. Also include a provision which provides, to the effect, that where the local government and the Commission agree that an amendment to a structure plan is a ‘minor amendment’ the Commission’s assessment timeframe under r.22(5) is 42 days rather than 120 days.

In line with intention to reduce red tape in planning processes.

Conditional Support (would need to see the final text to provide full support for this change).

 

cl.47 - when a local development plan may be prepared

Add a provision to cl.47 to provide that a local development plan may be prepared where the scheme requires one to be prepared.

Many schemes include provisions which require local development plans to be prepared before development occurs in certain areas.

Conditional Support (would need to see the final text to provide full support for this change).

 

cl.58 - when local development plan can be revoked

Add to cl.58 that all or part of a local development plan may be revoked if a new one is prepared over the same area. Also give the local government the ability to revoke a local development plan if the local government considers that the plan has been complied with or is no longer required. Also add a requirement that before the local government is able to revoke a local development plan it must notify the landowners covered by the plan.

Currently the effect of cl.58 is that a local development plan can only be revoked if the development to which the plan relates becomes a non-conforming use.

Notifying landowners of the intention to revoke a local development plan (LDP), could be problematic if the LDP covers a large area. The administrative costs for local government to comply with this could be excessive for larger sites (ie letters and postage costs).  If the plan has been complied with or is no longer required, couldn’t something be included in the 10 year life span of a LDP and remove the need for ‘notification’? (Clause 57)

Conditional Support (would need to see the final text to provide full support for this change).

 

cl.61(1)(a) - exemption for works wholly located in a regional reserve

Provide clarification, perhaps in the form of a legislative note, that where a development is partially located on a region scheme reserve and partially on zoned land, the development requires approval of the local government for the zoned portion (the WAPC will be responsible for granting approval on the reserved portion of the development).

Clause 60 of the deemed provisions provides that all development requires approval except if it is exempt under cl.61. Under cl.61(1)(a) the carrying out of works that are wholly located on a regional reserve are exempt from development approval under the local scheme. It follows that a development located partially on a regional reserve and partially on land zoned under the scheme requires approval. However, the exemption does not clarify that it is only the portion of the development which is on the zoned portion of land which needs approval from the local government (as per the case of Paintessa Development Pty Ltd v Town of East Fremantle [2014] WASAT 81).

Conditional Support (would need to see the final text to provide full support for this change).

 

cl.61(1)(b) - exemption for internal building work - heritage

Amend cl.61(1)(b) to reverse the heritage default so that if a property is on the heritage list then the exemption does not apply  unless the heritage list specifies that the interior does not have heritage significance.

This change has been suggested as, in many cases, a property may be on the heritage list but the heritage significance of a building’s interior may not yet have been assessed.

Conditional Support (would need to see the final text to provide full support for this change).

 

cl.61(1)(c) - single house exemption

Add the word ‘renovation’ after ‘extension.’

This change will clarify that the single house exemption includes ‘renovations’ in the sense of, for example, replacing window frames or re-roofing.

Conditional Support (would need to see the final text to provide full support for this change).

 

cl.61(1)(c) and (d) - development on ‘small lots’

Amend cl.61(1)(c) and (d) by adding a new subclause (iv) to provide that the exemption does not apply if the R-codes state that approval is required. Alternatively, this clause could be added to cl.61(3).

This amendment will clarify that cl.2.3 of the R-codes, which provides that planning approval is required for the erection of a single house on a lot smaller than 260m2, continues to apply notwithstanding the exemptions contained in cl.61 of the Regulations.

For the purposes of clarity should cl. 61(3) which refers to cl.61(1) not be contained in cl.61(1)? 

Conditional Support (would need to see the final text to provide full support for this change).

 

cl.61(1)(e) - demolition of a single house

Amend cl.61(1)(e) to exclude single houses that have been converted to consulting rooms or some other commercial use.

Currently, the demolition exemption in cl.61(1)

(e) would capture single houses that have been converted to consulting rooms. This is because the definition of single house in the R-Codes refers to a dwelling. A dwelling is defined as ‘a building or portion of a building ‘used, adapted, or designed or intended to be used for the purpose of human habitation.’ A single house converted to and being used for consulting rooms would arguably still fall

within the definition of ‘dwelling’ as the building was designed for human habitation.

Conditional Support (would need to see the final text to provide full support for this change).

 

cl.61(1)(h) - exemption for erection or installation of a sign

Amend cl.61(1)(h) to provide that a class of sign to which the exemption applies may be specified in a local planning policy, local development plan or the scheme.

Many schemes include exempt classes of signs in a schedule to the scheme, which should be captured for the purposes of cl.61(1)(h).

Any change needs to also state that the exemption is only provided when the sign complies with the Scheme provisions, not just that it is within the class of sign exempted in a schedule to the scheme.

Conditional Support (would need to see the final text to provide full support for this change).

 

cl.61(4) - local development plan, activity centre plan or local planning policy ‘made under the R-Codes’

Add words to the effect ‘made under the R-Codes’ after ‘local planning policy’ in cl.61(4)(c).

Under cl.61(4)(a) development is taken to satisfy a deemed to comply requirement of the R-Codes if it complies with a requirement in a local development plan or an activity centre plan made ‘under the

R-Codes’ that amends or replaces the deemed to comply requirement. The ‘made under the R-Codes’ component is important because variation of certain deemed to comply requirements under a local development plan, activity centre plan or a local planning policy requires the endorsement of the Commission under cl.7.3.2 of the R-Codes. However, cl.61(4)(c) only refers to an LPP, not an LPP ‘made under the R-Codes’ so arguably the requirement for Commission endorsement of LPPs that amend certain deemed to comply requirements is not captured.

Providing the wording also ensures connection to Local Planning Policies made under cl.7.3.1 (a) and 7.3.1 (b) of the RCodes, then this should resolve our members concerns about the current loss of connection to existing streetscape and amenity local planning policies.

Conditional Support (would need to see the final text to provide full support for this change).

 

cl.61(5) - instant start provision

Remove cl.61(5).

It has been requested that cl.61(5) be removed  until the Building Commission’s instant start reform initiative is implemented as this clause is causing confusion. Many developers and local governments have assumed that a single house verification form needs to be submitted to the local government before claiming the exemption, which is incorrect.

This change also needs to ensure the removal of the Single House Verification form itself (Form 6), as the form has numerous inaccuracies.

Conditional Support (would need to see the final text to provide full support for this change).

 

cl.66(3) - consultation with other authorities with respect to a development application

Amend cl.66(3) to provide that the time in which a public authority has to provide comments is the same amount of time as the public is given to make submissions.

Proposed change based on concerns raised by local governments that 42 days is too long for a statutory authority to provide comments. Currently the WAPC’s delegation to local governments to determine development applications under the MRS only allows statutory authorities 30 days to provide comments otherwise it will be assumed that the statutory authority has no objections.

The proposed change should refer to the MRS referral times rather than the ‘amount of time as the public is given to make submission’ given that is what the justification says.

Conditional Support (would need to see the final text to provide full support for this change).

 

cl.67(b) - relevant planning considerations - orderly and proper planning

Amend cl.67(b) to provide that any proposed local planning scheme or amendment or any other proposed planning instrument that has been advertised is to be given ‘due regard’ in planning decision making.

In the case of Terra Spei Ltd v Shire of Kalamunda attention was drawn to the fact that a local government is to have due regard to a scheme or amendment if it has been advertised, but must have due regard to all other planning instruments (i.e. structure plans) only once these instruments become a seriously entertained proposal.

Conditional Support as without seeing the exact wording, this may just add further confusion.

 

cl.86 - application form for development  approval

Add ‘bushfire prone area’ check box.

For consistency with recent bushfire reforms.

Support.

 

cl.86 - application form for development  approval

Provide clarification in cl.86 that an applicant may submit MRS form 1 (application for development approval under the MRS) where development approval is required under the MRS and the local scheme.

Submitting MRS Form 1 will be considered to be an application under the MRS and the local scheme (without the applicant needing to submit the form in cl.86 as well).

Many local governments only require MRS form 1 to be submitted where approval under the region scheme and the local scheme is required. It is considered impractical for applicants to submit 2 forms that contain essentially the same information.

Support.

 

 

 


 

Proposed amendments to vary clauses or provisions where implications for the planning system were not anticipated or were misunderstood

 

 

Regulation / Clause

Issue / Change

Justification

WALGA response

Regulations

 

 

r.51 - LG may advertise proposed  modifications

Remove r. 51 (and the equivalent provision for new schemes and complex amendments). Then broaden r.50(3)(b) to remove the requirement that any proposed modifications must be in response to issues raised in submissions. Make the same amendments to cl.19(1)(d) and cl.19(2).

The final decision on schemes/ amendments rests with the Minister, so it is proposed that a local government should not readvertise proposed modifications as the Minister may not ultimately agree with them.

Without seeing the exact wording, this is not clear and cannot be supported.

 

r.66 - report of review

Amend r.66 to provide that if a new scheme is being prepared when a scheme is due to be reviewed in accordance with r.65, the Commission may waive the requirement to prepare the report of review under s.66 if the local government has resolved to proceed to advertise the scheme under r.21.

Local government have argued that it is unnecessary to undertake a review if a new scheme is already being prepared.

Conditional Support (would need to see the final text to provide full support for this change).

 

 

 

Model  Provisions

WALGA response

 

 

cl.25 - application of R-Codes

Add a new exemption to cl.61(1) which provides that the erection or extension of a single house in an urban development zone is exempt if the development is in accordance with an endorsed structure plan and an approved subdivision.

As the R-Codes do not apply in an urban development zone, currently the single house exemption does not apply in those zones (in the absence of a local planning policy which extends the single house exemption to these areas). This was not an intended outcome.

Conditional Support (would need to see the final text to provide full support for this change).

 

 

 

Deemed Provisions

WALGA response

 

 

cl.9(3)(b) - advertising of a heritage area

Amend cl.9(3)(b) to provide that the designation of a heritage area may be advertised in ‘one or more ‘ of the ways listed in subclauses (i) to (iii).

Requested by local governments. This amendment will also ensure consistency with the advertising requirements in cl.64(3) of the deemed provisions.

Conditional Support (would need to see the final text to provide full support for this change).

 

 

 

cl.61 - protection of significant trees

Add a provision or a legislative note to cl.61 which provides that notwithstanding the exemptions, approval is required for the removal of any trees identified on a significant tree register.

There is currently some confusion that the single house exemption allows for the removal of ‘significant trees’ without approval. This is not the case. Although there is an exemption for the erection of a single house, development approval is still required to remove significant trees.

Conditional Support (would need to see the final text to provide full support for this change).

 

 

 

cl.79 - entry and inspection powers

Amend cl.79 of the deemed provisions so that it is consistent with s.100 of the Building Act 2011.

It has been requested that the power of entry powers in cl.79 be broadened to allow for police to assist.

Section 100(2) of the Building Act 2011 allows for entry with the consent of the owner or under the authority of an entry warrant.

Conditional Support (would need to see the final text to provide full support for this change).

 

 

Proposed amendments to zones and reserves

 

 

Regulation / Clause

Issue / Change

Justification

WALGA response

Model  Provisions

 

cl.16 - ‘urban development zone’

In the fourth dot point of the objectives replace the reference to the metropolitan region scheme with ‘a region planning scheme.’

 

Support.

 

Schedule 3

WALGA response

 

‘special purpose reserve’

Remove the word ‘reserve’ from the reserve name in cl.1 of Sch 3 and from the zone name listed in cl.14 of the model provisions.

For consistency with the other reserve names listed.

Support

 

‘Rural townsite zone’

Remove the word ‘zone’ from the zone name in cl.2 of Sch 3 and from the zone name listed in cl.16 of the model provisions.

For consistency with other zone names listed.

Support

 

‘Special use zone’

Remove the word ‘zone’ from the zone name in cl.2 of Sch 3 and from the zone name listed in cl.16 of the model provisions.

For consistency with the other zone names listed.

Support

 

‘private clubs, institutions and place of worship zone’

Rename zone name to ‘private community purposes’ in cl.2 of Sch.3 and cl.16 of the model provisions.

 

 Support

 

‘foreshore reserve’

Add a new ‘foreshore reserve’ with the following objectives listed in the reserve objectives table in sch.1 cl.14 :

1.      To set aside areas for foreshore reserved abutting a body of water or water course, particularly those required pursuant to State Planning Policy 2.6 State Coastal Planning Policy and any other Commission policy.

2.      To provide for the protection of natural values, a range of active and passive recreational uses, cultural and community activities, activities promoting community education of the environment and/or uses that are compatible with and/ or support the amenity of the reservation.

 

To ensure protection of foreshore areas.

Support

‘and any other Commission policy’ may need to be refined as its could be too broad, should only be for State Planning Policies, not Development Control policies or guidelines etc.

 

 

‘priority agricultural zone’

Add a new ‘priority agricultural’ zone with following objectives:

•     To identify land of State, regional or local significance for food production purposes;

•     To retain priority agricultural land for agricultural purposes

•     To limit the introduction of sensitive land uses which may compromise existing, future and potential agricultural production.

 

Outcome of review of SPP 2.5.

Support


 

‘rural enterprise zone’

Add a new ‘rural enterprise’ zone - Definition from SPP 2.5 - A predominantly light industrial zone that provides for light industrial land uses and an ancillary residential dwelling on one lot, with lot sizes in the order of one to four hectares. May also be known as rural industry or composite zones.) with the following objectives:

•     To provide for light industrial and ancillary residential development on one lot.

•     To provide for lot sizes in the range of 1 ha to 4 ha.

•     To carefully design rural enterprise estates to provide a reasonable standard of amenity without limiting light industrial land uses.

To notify prospective purchasers of potential amenity impacts from light industrial land uses.

Outcome of review of SPP 2.5.

 

 

 

 

 

 

 

 

 

 

 

 

Support

 

 

‘cultural and natural resource zone’

Add new ‘cultural and natural resource zone’ with the following objectives:

•    Provide for development associated with the extraction of mineral and natural resources.

•    Ensure the preservation of Aboriginal heritage and culturally significant areas

•    Provide for the conservation of significant landscape and environmental areas and values.

•    Allow for low impact tourism development including limited tourist accommodation and camping areas.

•    Allow land uses associated with Aboriginal heritage, traditional law and culture.

This zone would typically cover Aboriginal Land Trust land where a variety of land use rights and interests apply over the land as part of indigenous land use agreements under the Native Title Act 1993, such as traditional hunting and camping, management of land and economic ventures. The creation of this zone was originally requested by Traditional Owners on the Dampier Peninsula. The zone was approved by the then Minister for Planning, and noted by Cabinet in early 2015 in relation to the Dampier Peninsula Planning Strategy, just prior to the release of the new Planning and Development (Local Planning Schemes) Regulations 2015. The ‘cultural and natural resource’ zone has been used in the Kimberley Regional Planning and Infrastructure Framework, Dampier Peninsula Planning Strategy, and the Shire of Broome’s Local Planning Strategy and Local Planning Scheme No.6.

Support

 

‘ ‘Local centre zone’

Add new ‘local centre’ zone with the following objectives:

(a)    Provide services for the immediate neighbourhoods, that are easily accessible, which do not adversely impact on adjoining residential areas.

(b)   Provide for neighbourhood and local centres to focus on the main daily household shopping and community needs.

(c)    Encourage high quality, pedestrian- friendly, street-orientated development.

(d)   Provide a focus for medium density housing.

(e)   Ensure the design and landscaping of development provides a high standard of safety, convenience and amenity and contributes towards a sense of place and community.

 

 Support

‘District centre zone’

Add a new ‘district centre’ zone with the following objectives:

(a)    Provide a community focal point for people, services, employment and leisure that are highly accessible and do not adversely impact on adjoining residential areas.

(b)   Provide for district centres to focus on weekly needs and services for a wider district catchment.

(c)    Provide a broad range of employment opportunities to encourage diversity within the Centre.

(d)   Ensure a mix of commercial and residential development, which provides for activity and accessibility at the street level and supports the provision of public transport and pedestrian links.

(e)   Provide for a wide range of different types of residential accommodation, including high density residential, to meet the diverse needs of the community.

 

 Support

‘Regional centre zone’

Add a new ‘regional centre’ zone with the following objectives:

(a)    Provide a range of services and uses  to cater for both the local and regional community, including but not limited to specialty shopping, restaurants, cafes and entertainment.

(b)   Ensure that there is provision to transition between the uses in the regional centre and the surrounding residential areas to ensure that the impacts from the operation of the regional centre are minimised.

(c)    Provide a broad range of employment opportunities to encourage diversity and self-sufficiency within the Centre.

(d)   Encourage high quality, pedestrian- friendly, street-orientated development that responds to and enhances the key elements of the Regional Centre, to develop areas for public interaction and support the provision of public transport.

(e)   Ensure the provision of residential opportunities within the Regional Centre including high density housing and tourist accommodation that supports the role of the regional centre and meets the needs to the community.

 

 Support

Issues not included in this review – but should be considered

 

Ease of use – The usability of a Local Planning Scheme with the inclusion of the ‘deemed provisions’, and ease of reading against the remaining supplementary provisions, has not been addressed in this review.

 

P’ use exemption - Agree with the principle of development being exempt from development approval if it is a permitted use.  However this is on the basis that the proposed use complies with all relevant development standards, in particular car parking provisions.  Different land uses have significantly different parking requirements under relevant Schemes/Policies.  .  For example in the Town of Victoria Park’s District Centre zone (Albany Highway being the best example) both a Showroom and a Shop are permitted uses, with respective parking requirements of 1 bay per 50m2 (equivalent) and 1 per 10m2.  In the case of a 100m2 tenancy, a Showroom would require 2 bays and a Shop would require 10 bays.  It is recommended that the exemption only apply where the use is permitted and does not impact upon car parking requirements under the Scheme/Policies.

In a situation where there is the ability to construct additional on-site car parking, then this would fall under the definition of ‘works’ and therefore planning approval would need to be obtained for both the works and change of land use. However in the context of a mainstreet environment such as Albany Highway, with existing buildings with either no or limited on-site car parking, and with no opportunity to provide any additional on-site car parking due to site constraints, this would not require planning approval which is of significant concern.  It was suggested in the training sessions that if additional on-site car parking is required then this would constitute a ‘work’ and therefore planning approval would be required.  However, with respect, if there no actual construction of additional car bays (because they can’t be accommodated on-site) then that would not fall under the definition of a ‘work’.

 

In response to this matter, DoP Officers have responded as follows, however this should be clarified as the words in the Regulations are open to interpretation:

“The Regulations do not expressly differentiate between a work that can be physically be carried out and one that cannot. Therefore, irrespective of whether the required works can be physically carried out, the requirement for additional car parking bays would still fall into the category of ‘works.’ Therefore, the requirement for additional car parking bays would trigger the requirement for development approval. Obviously, in a practical sense, because the additional car parking bays cannot be physically constructed due to the restrictions”

 

Connection to SPP requirements

There is a need for further clarity on how to ensure planning discretion over single residential dwellings that are proposed on lots that have been identified as potentially subject to coastal erosion or coastal inundation.  SPP 2.6 now obliges management authorities to identify hazard areas and show due regard for this information in the amendment and development of schemes, and the assessment of development applications. However there is very little clarity in the regs on how to achieve this, despite this being a state level issue, i.e. any inclusion in a scheme to ensure discretion over single residential dwellings would require state level approval yet there's not guidance available on how to achieve this. Further, the use of special control areas to ensure discretion is inflexible to the refinement of coastal hazard areas as new information (such as revised sea level rise scenarios), data (such as detailed marine bathymetry, beach profiles, etc) and resources (for collecting data and improving certainty in the hazard projections) becomes available. The City of Karratha's recent removal of their inundation SCA from their scheme, apparently endorsed by the DoP, is an example of this. State level guidance, through the regs or some other means that accompanies the regs (amendments to MST or a model local planning policy) is highly desirable and would ensure a uniformed approach across the state. 

 

The above commentary can also be applied to properties that are located in an RCoded area, but maybe subject to bushfire, flooding, Airport ANEF standards, transport noise policy’s or SCA’s, require referral to Main Roads, subject to buffers or over ground water protection areas. 

 

Additional Forms

Several new forms are required as outlined in Clause 86 of the Deemed Provisions: -

·           Additional Information for Development Approval for Advertisements;

·           Notice of Public Advertisement of Planning Approval;

·           Notice of Determination on an Application for Development Approval


Item 9.2.4 - SUBMISSION ON POST IMPLEMENTATION REVIEW OF PLANNING AND DEVELOPMENT (LOCAL PLANNING SCHEMES) REGULATIONS 2015

 

 

PDF Creator


Agenda – Ordinary Meeting of Council 25 August 2016                                                                             Page 282 of 283

 

9.2.5      REVIEW OF LPP 8.23 - PUBLIC CONSULTATION - PLANNING MATTERS

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           PLA22

AUTHOR:                                                   Statutory Planning Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director Development Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    1 August 2016

 

SUMMARY:         This report presents the outcome of a review of LPP 8.23 – Public Consultation – Planning Matters (LPP 8.23).

This report recommends that Council adopts minor amendments to the Policy which changes the consultation required for some ‘D’ or ‘discretionary’ land uses under Local Planning Scheme No 6 (LPS6).

 

 

BACKGROUND

 

Previous Considerations

 

OMC 27 February 2014                     Item 9.2.11

OMC 22 May 2014                             Item 9.2.3

OMC 30 July 2015                              Item 9.2.3

OMC 17 December 2015                 Item 9.4.3

 

Background

 

Local Planning Policy 8.23 (LPP 8.23) was adopted by Council to clearly outline consultation required to meet the statutory and ‘standard’ consultation requirements for a range of planning matters.

 

Clause 64(1) of the Deemed Provisions establishes when consultation (or advertising) for a development application is required under LPS6. In this regard, the following types of development applications must undergo consultation:

 

·    An extension to a non-conforming use;

·    A use that is not mentioned in the zoning table (‘use not listed’) where the local government determines that the use may be consistent with the objective of that zone and that notice of the application should be given;

·    Development which does not comply with a requirement of the Scheme;

·    Development for which the local government requires a heritage assessment to be carried out; or

·    A development that is a type that the Scheme requires to be advertised (an ‘A’ land uses under the zoning table).

 

Clause 64(3) of the Deemed Provisions sets out the ways in which consultation is to occur and gives discretion that it may occur in one or more of the following ways:

 

·    Giving notice of the proposal to owners and occupiers in vicinity of the development who in the opinion of the local government are likely to be affected by the granting of development approval;

·    Publishing a notice of the proposal in a newspaper circulating in the Scheme area;

·    Publishing a notice of the proposal by electronic means in a form approved by the local government; or

·    By erecting a sign or signs in a conspicuous place on the land the subject of the application.

 

Clause 64(3) also specifies that the local government must allow a minimum of 14 days in which submissions can be made when undertaking consultation.

 

LPP 8.23 builds upon the requirements of the Deemed Provisions and establishes specific actions officers are to take when consulting on an application, based on the level of a development proposal’s potential ‘impact’. LPP 8.23 does this by setting consultation Levels A to D and specifying the form of advertising to be undertaken, who should be consulted and the consultation period.

 

COMMENT

 

The Development Services Directorate is undertaking a review of all of its policies, local laws and local planning policies.

 

As part of this review, in March and May 2016 workshops were held with Council in relation to LPP 8.23.  Based on the outcome of these workshops and officers’ review of LPP 8.23, it is recommended that Council review the permissibility of land uses identified in the zoning table in LPS6 (as a longer-term action), and in the interim amend LPP 8.23. The rationale for this recommendation is set out below.

 

Amendment to the zoning table

 

The zoning table (Table 1) in LPS6 identifies the permissibility of land uses for each zone.  The following letters have the following meaning in relation to a land uses’ permissibility:

 

P

means that the use is permitted by LPS6 providing the use complies with the relevant development standards and the requirements of LPS6.

D

means that the use is not permitted unless the local government has exercised its discretion by granting development approval.

A

means that the use is not permitted unless the local government has exercised its discretion by granting development approval after giving special notice in accordance with clause 64 of the Deemed Provisions.

X

means that the use is not permitted by LPS6.

 

Based on the above, ‘A’ land uses are the only land uses identified in the zoning table as requiring public consultation.

 

A review of the land use permissibility’s in the zoning table shows that there are some land uses that are designated as ‘D’ that do have the potential to impact upon amenity of adjacent or nearby properties, and therefore arguably should be shown as ‘A’ land uses (LPP 8.23 seeks to correct this by requiring the majority of ‘D’ land uses to undergo consultation). An example includes an ‘Educational Establishment’ in the Residential and Rural Residential zone. Similarly, there are some land uses that are shown as ‘A’ that are unlikely to have amenity impacts on adjoining landowners and therefore should not be required to undergo public consultation. A good example of this is the ‘Agriculture – Intensive’ land use which is an ‘A’ use in the General Agriculture zone.

 

To correct these abnormalities and ensure that the land use permissibility’s truly reflect where consultation is required, it is recommended that Council incorporate a review of the zoning table as a part of the omnibus amendment to LPS6. The omnibus amendment is not scheduled to commence until the end of the calendar year and will take some time to progress through advertising and to the Department of Planning. As such, in the interim period it is recommended that Council adopt a minor amendment to LPP 8.23 as explained below.

 

Amendment to LPP 8.23

 

Schedule 1 – Consultation Matrix in LPP 8.23 guides whether a development application should undergo public consultation. At present, Schedule 1 requires that most of the ‘D’ land uses undergo Level B consultation (letters to adjoining landowners with a minimum 14 days comment period). Ultimately, once the zoning table is amended it would be recommended that ‘D’ land uses do not require consultation, however at present the following ‘D’ land uses may have the potential to impact upon adjoining landowners and therefore should undergo public consultation:

 

·    ‘Club Premises’ in the Residential zone;

·    ‘Education Establishment’ in the Residential and Rural Residential zone; and

·    ‘Plant Nursery’ in the Rural Residential zone.

 

It is therefore recommended that Schedule 1 of LPP 8.23 be amended so that only the above ‘D’ uses undergo consultation.

 

In the main the other ‘D’ uses are viewed as being generally consistent with the purpose and objectives of the relevant zones and therefore should not require public consultation. The outcome of making these changes to LPP 8.23 is that the development assessment process is streamlined and the administrative burden on Shire officers arising from the need to undertake public consultation is removed.

 

It should be noted that some other minor amendments are proposed to LPP 8.23 as part of this review to update its text following the introduction of the Deemed Provisions in 2015.  It is also proposed that it be amended to give flexibility for the operations of the Development Control Unit to be governed by either a Local Planning Policy or Shire Business Operating Procedure in the future.

 

CONSULTATION

 

Consultation has been undertaken internally with staff and with Council at Council workshops. 

 

As the suggested amendments are minor, it is not recommended that the proposed amendments be subject to public consultation in accordance with clause 5(2) in Schedule 2 (Deemed provisions for local planning schemes) of the Planning and Development (Local Planning Schemes) Regulations 2015.

 

STATUTORY ENVIRONMENT

 

Planning and Development Act 2005

 

Planning and Development (Local Planning Schemes) Regulations 2015

 

Schedule 2 – Deemed provisions for local planning Schemes

3.       Local planning policies

(1)     The local government may prepare a local planning policy in respect of any matter related to the planning and development of the Scheme area.

(2)     A local planning policy —

(a)     may apply generally or in respect of a particular class or classes of matters specified in the policy; and

(b)     may apply to the whole of the Scheme area or to part or parts of the Scheme area specified in the policy.

(3)     A local planning policy must be based on sound town planning principles and may address either strategic or operational considerations in relation to the matters to which the policy applies.

(4)     The local government may amend or repeal a local planning policy.

(5)     In making a determination under this Scheme the local government must have regard to each relevant local planning policy to the extent that the policy is consistent with this Scheme.

 

4.       Procedure for making local planning policy

 

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

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

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

(ii)      the objectives of the proposed policy; and

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

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

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

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

 

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

 

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

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

(b)       resolve to —

(i)         proceed with the policy without modification; or

(ii)        proceed with the policy with modification; or

(iii)       not to proceed with the policy.

 

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

 

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

 

(6)     The local government —

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

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

 

5.       Procedure for amending local planning policy

 

(1)     Clause 4, with any necessary changes, applies to the amendment to a local planning policy.

 

(2)     Despite subclause (1), the local government may make an amendment to a local planning policy without advertising the amendment if, in the opinion of the local government, the amendment is a minor amendment.

 

6.       Revocation of local planning policy

 

          A local planning policy may be revoked —

 

(a)     by a subsequent local planning policy that —

(i)         is prepared in accordance with this Part; and

(ii)        expressly revokes the local planning policy;

          Or

(b)     by a notice of revocation —

(i)         prepared by the local government; and

(ii)        published in a newspaper circulating in the Scheme area.

 

POLICY IMPLICATIONS

 

Nil.

 

FINANCIAL IMPLICATIONS

 

The amendments proposed will remove the need for some development applications to undergo public consultation. This will reduce the administrative burden on Shire officers in undertaking public consultation and will also reduce development application processing times.

 

RISK

 

Nil.

 

STRATEGIC IMPLICATIONS  

 

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

 

Effective communication

 

Affordable services and initiatives to satisfy community need

 

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

 

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

 

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

 

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

 

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

 

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

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Pursuant to Clause 3(4) and Clause 5(2) of Schedule 2 (Deemed provisions for Local Planning Schemes) in the Planning and Development (Local Planning Schemes) Regulations 2015, amend Local Planning Policy 8.23 – Public Consultation – Planning Matters.

2.       Pursuant to Clause 5(2) of Schedule 2 (Deemed provisions for Local Planning Schemes) in the Planning and Development (Local Planning Schemes) Regulation 2015, forms the opinion that the amendment to Local Planning Policy 8.23 – Public Consultation – Planning Matters as shown in Attachment No 1 is a minor amendment and therefore does not need to be advertised; and

3.       Requests that the Chief Executive Officer publish notice of the amendment to Local Planning Policy 8.23 – Public Consultation – Planning Matters in a newspaper circulating in the Local Planning Scheme area.

4.       Requests that the Chief Executive Officer includes a review of the land use permissibility’s in Table 1 of Local Planning Scheme No 6 as a part of the future omnibus scheme amendment. 

 

 

Attachments

1.

Attachement No 1 - Amended LPP 8.23

  


Item 9.2.5 - REWIEW OF LPP 8.23 - PUBLIC CONSUTLATION - PLANNING MATTERS

 

 

LOCAL PLANNING POLICY                                8.23

 

TITLE:

8.23 Public Consultation – Planning Matters

ADOPTED:

OMC 22 May 2014 – Item 9.2.3 – Pages 35 - 38

REVIEWED:

OMC 30 July 2015 – Pages 28 – 40

OMC 17 December 2015 – Pages 110 - 121

ASSOCIATED LEGISLATION:

Planning and Development Act 2005

Local Planning Scheme No 6 (LPS6)

 

ASSOCIATED DOCUMENTS:

Residential Design Codes of Western Australia

LPP 8.18 – Operative Policy

Community Development Policy 5.1.10 – Community Engagement

REVIEW RESPONSIBILITY:

Director Development Services

DELEGATION:

Delegations are exercised in accordance with delegation granted in terms of Section 5.42 of the Local Government Act 1995 as amended or other statutes as applicable to specified officers.

APPLICATION:

This policy applies to the LPS6 area

Previous Policy Number  N/A.

Background

This Policy is designed to clearly define consultation required to meet the statutory and ‘standard’ consultation requirements for planning matters.

Clause 64(1) of the Deemed Provisions establishes when consultation is required under the Scheme. Clause 64(3) of the Deemed Provisions sets out minimum consultation requirements and gives discretion on how an application is to be advertised. This Policy establishes the circumstances where this discretion will be exercised.

This Policy is to be read in conjunction with Community Development Policy 5.1.10 – Community Engagement.

Objectives

1.          Guide where the Shire will advise and consult with the community or affected landowners about planning matters to ensure openness and accountability in the decision-making process.

2.          Gauge public comment when required or when deemed appropriate.

3.          Detail the requirements for consultation based on the level of the proposals ‘impact’.

4.          Set out the process the Shire will use when undertaking consultation and considering submissions.

Definitions

 ‘Adjoining’ refers to any land or owner of land which abuts an application site or is separated from it only by a road, pathway, driveway or similar thoroughfare.

 

‘Affected Person’ means a person who owns land that adjoins an application site.

 ‘Application Site’ means the land upon which a land use, development or public work is proposed to be undertaken.

Advise’ means action in writing taken by the Shire or another to acquaint the recipient with details of an intended land use or development on an information-only basis.

 

‘Consult’ means either:

a)  Personal (evidence by signed documentation) or written contact with an affected property owner(s) by the party proposing to undertake a land use or development; or

b)  Written notification by the Shire to affected persons inviting comment on the proposal.

 

Development’ as defined under the Planning and Development Act 2005.

 

‘Development Control Unit’ means a technical advisory group to consider and recommend determination of planning development applications as established under Local Planning Policy 8.18 – Operative Policy or Shire Operating Procedure.

 

Land’ includes any building or part of a building created on the land.

 

‘Land owner’ means the person(s) listed as the registered owners on the Certificate of Title or in the case of Reserve land is the authority listed on the Management Order. On Reserve land with Management Order with the Shire of Broome and RNTBC (Yawuru), Yawuru Park Council will be the authority consulted.  

 

‘Nearby Land’ means any land, other than neighbouring or adjoining land, which may be adversely affected by a development proposal and, where appropriate, may include owners of land within a neighbouring Shire.

 

‘Notify’ means written communication by the Shire or the proponent of a development proposal containing relevant information about the development proposal for the purpose of advice or seeking comment.

 

‘Public Advertisement’ means notification by way of an advertisement in a local newspaper, signs erected on the application site or signs on public notice boards.

 

‘Relevant Information’ means the principal details of a development proposal as determined by the Shire to be sufficient to describe the proposal and its potential impacts. Each such notification is to provide further information as to where and when full particulars of the development proposal can be inspected during the period which comments are sought.

 

‘Submitters’ means people who have provided written comment on a proposal within the formal comment period.

 

1.0     Policy

Consultation Categories Levels and Methods

1.1       In those instances where consultation is to be conducted, the consultation will take either the form of a letter and/or a public advertisement in a local newspaper, unless otherwise specified in a Community Engagement Plan. All items advertised for public comment will articulate the following:

i.       The reasons for undertaking the consultation.

ii.       Set out details of the proposal or a part thereof in respect of which comment is being sought;

iii.      Explain any policy variations being sought;

iv.     Set out how to a member of the public could provide comment; and

v.      Specify the timeframe within which any comments or submissions should be made.

1.2       Broome has no roadside postal delivery as such the Shire of Broome is unable to consult with occupiers. It is the responsibility of any landowner to advise an occupier of a proposal in which public comment is being sought. 

1.3       Where deemed appropriate by officers, consultation may occur with government departments/referral agencies at any consultation level. 

1.4       This Policy does not provide guidance on consultation with regards to Aboriginal heritage or cultural matters. A separate Policy will be prepared to in this regard and must be referred to when considering planning matters.

Level A – No Consultation

1.5       No consultation will occur where the proposal:

i.       is determined as having no predictable detrimental impact on the character or amenity of the immediate or general locality likely; and

ii.       is not required under Clause 64(1) of the Deemed Provisions; or

iii.      has previously occurred and only minor modifications or modifications that address previous concerns raised are proposed.

Level B – Consultation with Owners of Adjoining Land

1.6       For a Residential development where the Deemed to Comply provisions of the Residential Design Codes are not complied with, the owner(s) of land adjoining the application site affected by the non-compliance will be consulted unless the proponent has already undertaken the necessary consultation and secured agreement or obtained comment. 

1.7       Where, in respect of other proposals, a proposed development:

i.       will be visible from any road or other public place; and

ii.       will be likely to have an impact on the streetscape or amenity of properties in immediate proximity to the site;

the owners of properties adjoining, and those on the other side of any street immediately opposite the application site, will be consulted. 

1.8       The owners of properties determined as being potentially affected by a development proposal will be consulted in writing providing a minimum of 14 days (or such other period as prescribed by the relevant legislation) for the lodgement of any submission.

1.9       Where an affected land owner is consulted by the proponent of a development proposal, evidence of the acceptability of the proposal should be provided by way of a signed letter of non-objection and endorsement by way of no-objection comment, signature, printed name and full address on a copy of plan(s) submitted for Shire approval. 

Level C – Consultation with owners of the land in the locality

1.10     Where a proposed land use or development is determined by the Shire as having the potential to impact upon:

i.       the use and enjoyment of land within an area but not extending to the whole of the Shire district; or

ii.       specific interest groups within that area;

the community within that area will be consulted.

1.11     The Shire will:  

i.       publish a notice of the development proposal in a newspaper circulating in the area containing details set out in Appendix 1 of this Policy;

ii.       publish a notice of the development proposal on the Shire’s website under the Public Comment section and also place a copy on the notice board at the front of the Administration Building in the form of Appendix 1 of this Policy;

iii.      cause the applicant to place a notice of the development proposal on a sign in a prominent position on the property subject of the development proposal in the form of Appendix 1 of this policy;

iv.     provide written notice in the form of a letter to all land owners within a radius of at least 100m of the application site for land within the townsite boundaries or at least 500m radius for land outside of a townsite;

v.      consult with the owners of land beyond the forgoing areas where, in the opinion of the Shire, there will be an impact along key transportation facilities, tourist routes or view-sheds; and

vi.     consult as necessary with other affected government agencies or statutory authorities as the case requires.

 

1.12     The notice and letters referred to in Clause 1.12 must detail the relevant information of the application and invite comment within a period not being less than 21 days or, where appropriate, such longer period as may be necessary to comply with relevant legislation. 

Level D – Community Engagement Plan

1.13     Where planning matters are of State, regional or shire-wide significance the community will be consulted. This level of consultation will require preparation of a Community Engagement Plan consistent with Community Development Policy 5.1.10 – Community Engagement.

1.14     Specific objectives for Level D consultation which must be taken into consideration when preparing the Community Engagement Strategy, include but may not be limited to the following: 

i.       Raise awareness about a particular issue/matter;

ii.       Establish communication links with the community and identify which sections of the community are to be targeted in engagement plan;

iii.      Encourage active participation in programs;

iv.     Collect views, opinions and ideas;

v.      Foster community pride, support and ‘ownership’; and

vi.     Build trust and confidence between Council and the community.

 

1.15     Consultation mechanisms available for Level D include but are not limited to:

i.       Newspaper advertising;

ii.       Letter/mail box drops or Council notices;

iii.      Signage and displays in relevant locations;

iv.     Media releases – press, radio, television (subject to availability and budget);

v.      Notice to be displayed on Council’s website;

vi.     Formation of community or advisory committees under Local Government Act 1995;

vii.    Formation of working groups;

viii.    Workshops, forums or briefing/information sessions;

ix.      Public meetings; or

x.      Other procedures as required.

 

1.16     Notwithstanding the consultation methods adopted, a minimum level of consultation for Level D will be a comprehensive local newspaper notice repeated over the duration of the process (minimum of 2 notices) associated with a formal comment period of twenty one (21) days, or such longer period that may be necessary to comply with relevant legislation.

Form of Submission

1.17     Where an invitation to comment on a development proposal or planning matter has been extended in accordance with this Policy, submissions should desirably be made on the Submission Form at Schedule No 2 of this Policy. To be considered valid, any submission will be required to be signed by the submitter who must provide contact details including an address for correspondence (including email address). Reasons for any objection to a development proposal should also be included.  

1.18     Where a written submission is received prior to the determination of an application and the Shire did not call for formal submissions, the submission must be considered as set out below ‘consideration of submissions’.

Consultation Matrix

1.19     Schedule 1 outlines the appropriate level of consultation with affected persons and the community will be determined for land use and development proposal. Where proposals occur that do not clearly fall within the matrix, the criteria outlined above will be used to establish the consultation process. 

1.20     Prior to commencing consultation of a planning development application, the application must be listed for discussion at the Development Control Unit meeting, where the Officer must present the level of consultation to be undertaken, consistent with this Policy.

Consideration of Submissions

1.21     All submissions received will be summarised into issues inserted into a Schedule of Submission when determinations are being made. Those officers required to examine the submissions will also provide comment and/or a recommendation as to the way in which the submissions should be determined. 

1.22     Matters to be taken into account in the consideration of the submission are outlined as set out in 61 of the Deemed Provisions.

1.23     In making the determination on the application/planning matter, Council or the delegated decision-maker, will consider the Schedule of Submission and will make determinations of each submission.

1.24     Once a determination of the matter has been made, a letter will be sent to each submitter:

i.          acknowledging receipt of submission; and

ii.          advising of the determination of the development proposal concerned.

Cost of Consultation

1.25     The full cost of the consultation requirements specified within this policy are to be met by the applicant.

1.26     Council’s fee schedule sets the cost for consultation. 

Access to Planning Applications where no consultation required

1.30     In situations where a member of the public requests access to view a planning development application which does not require public consultation, the written consent of the applicant/owner must be obtained to view the documents submitted. In the event written consent is not obtained the person must make formal application under the Freedom of Information Act.

SHIRE OF BROOME LOCAL PLANNING SCHEME No. 6 (LPS6) – LOCAL PLANNING POLICIES

This Policy is a Local Planning Policy adopted under the provisions of Clause 2.4 of pursuant to Part 2 clause 4 of the deemed provisions of LPS6. LPS6 is administered by the Shire of Broome as the responsible authority under the Scheme. LPS6 was gazetted and came into operation on the 30 January 2015.

Planning policies adopted under LPS6 may be amended or rescinded after the procedures set out in Clause 2.4 and 2.5 Part 2 clause 5 & 6 of the deemed provisions of LPS6 have been completed.


 

 

SCHEDULE 1 – CONSULTATION MATRIX

DEVELOPMENT PROPOSAL / PLANNING MATTERS

CONSULTATION LEVEL

Local Planning Scheme Review

D*

Development Strategies for Selected Areas

D

Scheme Amendment

C*

Structure Plans

C%

Subdivision Referrals from WAPC

A

Development proposing a variation to the Deemed to Comply criteria of the R-Codes

B

Development – ‘P’ Uses

A

Development – ‘D’ Uses

– except the following which requires Level C consultation:

·      Single House, Grouped or Multiple Dwellings and Aged or Dependent Person’s Accommodation in the Residential and Mixed Use zone for which Level A consultation is required.

·      Ancillary Dwelling, Home Occupation, Home Office, Industry – Light, Medical Centre, Office, Service Station listed as a ‘D’ use in any zone for which Level A consultation is required.

·      Office in the Local Centre zone for which Level A consultation is required and an office ancillary to a predominant land use in the Service Commercial, Industry, Light and Service Industry and Tourist zone for which Level A consultation is required.

·      ‘Club Premises’ in the Residential Zone;

·      ‘Educational Establishment’ in the Residential and the Rural Residential zone;

·      ‘Plant Nursery’ in the Rural Residential zone.

B A

Development – ‘A’ Uses

 

– except the following:

 

·      ‘Agricultural – Intensive’ in the General Agriculture and Culture and Natural Resource Use zones which Level B consultation is required. 

·      ‘Bed and Breakfast’ in the Residential and Rural Residential zones which Level B consultation is required.

·      ‘Family Day Care’ in the Residential, Rural Residential and Mixed Use zones which Level B consultation is required.

·      ‘Home Business’ in the Residential zone for which Level B consultation is required.

C

 

Uses not mentioned in Zoning Table

C

Extension to a Non-Conforming Use

C

Extractive Industry

C

Local Planning Policy Development/Review

D#

 

* Additional consultation requirements prescribed in the Planning and Development (Local Planning Schemes) Regulations 2015.

 

# The minimum public consultation is detailed in clause 1.17 of this Policy and in addition to this may include workshops with key stakeholders where deemed appropriate.

 

% Comment period must be a minimum of 14 days and a maximum of 28 days in accordance with Clause 18 of the Deemed Provisions. 


 

 

SCHEDULE 2 – SUBMISSION FORM

 

DEVELOPMENT APPLICATION

SUBMISSION FORM

 

PROPOSED: Officer to insert Description

Responsible Officer:

Insert Name

FILE REFERENCE: Officer to insert

 

 

Submitter:

 

Postal Address:

 

Property Address:

 

Phone Number:                           Email Address:

 

Your Comment (tick one box):   Support         Object         Undecided

 

 

Comments

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

If necessary add additional pages to your submission.

 

 

Signature of Submitter:                                   Date:

 

Post To: Chief Executive Officer

             Shire of Broome

             PO Box 44

             BROOME  WA  6725

 

APPENDIX 1 - Form of Public Notice for Consultation Purposes

PROPOSED DEVELOPMENT/STRUCTURE PLAN FOR PUBLIC COMMENT

Notice is hereby given that [insert description of matter which public comment is being sought – i.e. a Structure Plan for Lot 26 Sanctuary Road] is available for public comment.

 

[Insert brief overview of the proposal – i.e. The Structure Plan has been prepared to guide the future subdivision and development of Lot 26 Sanctuary Road, Cable Beach. The Structure Plan proposes to subdivide the site into 84 residential lots with an average lot size of 826m2 and also propose the development of a local centre to service surrounding population].

 

Copies of the [Structure Plan] will be available for viewing at the Shire of Broome Administration Centre, Weld Street Broome and will be open for inspection during normal office hours (8:00 AM to 4:00 PM) from [insert date] up to and including [insert date]. The [Structure Plan] will also be made available for viewing on the Shire’s website at www.broome.wa.gov.au.

 

Submissions on the proposed [Structure Plan] may be made in writing and lodged to the Chief Executive Officer, P O Box 44 Broome WA 6725 or emailed to shire@broome.wa.gov.au before 4.00pm on [insert date].

 

If you would like to discuss the proposal further with the Shire please contact [insert officer contact details] on (08) 9191 3456.

 

...........................................

K R Donohoe

Chief Executive Officer.

PO Box 44

Broome WA 6725

 

 


Agenda – Ordinary Meeting of Council 25 August 2016                                                                             Page 299 of 300

 

9.2.6      WALLAL DOWNS STATION GROUP - REQUEST FOR COMMENT FROM STATE HERITAGE OFFICE ON AMENDMENTS TO THE INTERIM REGISTRATION AND POSSIBLE PERMANENT REGISTRATION

LOCATION/ADDRESS:                            Lot 56 on Depostied Plan 240321 - Wallal Downs Station

APPLICANT:                                              State Heritage Office

FILE:                                                           WAL & HER002

AUTHOR:                                                   Statutory Planning Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director Development Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    2 August 2016

 

SUMMARY:         The State Heritage Office is seeking the Shire of Broome’s comments on amendments to the interim register documentation for the Wallal Downs Station Group and possible permanent registration of the place on the State Register of Heritage Places.

The report recommends that Council advise the State Heritage Office that it supports the updates made to the interim register documentation and further would support the place being a permanent entry on the State Register of Heritage Places

 

 

BACKGROUND

 

Previous Considerations

 

Nil

 

Background

 

The Wallal Downs Station Group was entered in the State Register of Heritage Places on an interim basis in 1992 (for a copy of the current interim registration please refer to: http://inherit.stateheritage.wa.gov.au/Public/Content/PdfLoader.aspx?id=c3cbea8d-a274-4a51-a533-96df3b316d28). The need to update the interim registration resulted due to damage to the site experienced during Cyclone Laurence in 2009. The proposed amendments to the interim registration have been informed by the following:

 

·    an inspection of the site by State Heritage Office staff in November 2015; and 

·    additional research which identified new information regarding the history of the place.

 

As a result of the above, the interim registration documentation has been amended to reflect the new information and the current condition of the buildings on site.  Further, it is proposed that the area of land covered by the registration (the curtilage) be amended and a figure showing the Heritage Council of WA (HCWA) zones of significance form a part of the registration (as shown in Attachment No 1).

 

The State Heritage Office is seeking the Shire’s comments on the amendments to the interim registration and possible permanent registration of the site on the State Register of Heritage Places.  For a copy of the correspondence and amended interim registration documentation please refer to Attachment No 2.

 

Site and Surrounds

 

The Wallal Downs pastoral station is the southern most pastoral station in the Shire of Broome. The area of the homestead and the group of buildings referred too as the curtilage is approximately 3.5ha in area and is positioned 4km south-west of the Eight Mile Beach Caravan Park. The site forms part of Lot 56 on Deposited Plan 240321 and part of Reserve 9697.

 

The homestead area is actively used as a homestead associated with the Wallal Downs pastoral station and has a number of buildings which includes:

 

·    limestone and weatherboard homestead dwelling;

·    cottage;

·    three stone water tanks and a stone aqueduct;

·    single quarters;

·    numerous outbuildings.

 

The amendments proposed to the interim registration documentation clarifies that the swimming pool, kitchen/office, ablutions block, new singles quarters, generator shed and ancillary metal sheds are of little cultural heritage significance.

 

COMMENT

 

The State Register of Heritage Places is a statutory list of places that represents the story of Western Australia’s history and development. The list is established under section 50 of the Heritage of Western Australia Act 1990.

 

Once a place is listed on the State Register (including an interim listing) any development application that proposes to alter or change the place must be referred to the Heritage Council for advice and the advice must be received before the Shire can determine the development application. Further, the decision by Council in relation to the development application must not be inconsistent with any conditions imposed by the Heritage Council.

 

The updated information provided in the interim registration document is shown as underlined text in Attachment No 2. The updated information provides a greater level of detail about the site’s significance, heritage context and information on the site’s development over time. Of particular importance is the updates made to the statement of significance which summarises the values of the site from a cultural heritage perspective. In summary, the following updates were made to the statement of significance:

 

·    The place was a site of an internationally important scientific expedition to observe the 1922 total solar eclipse. The data recorded from the site was at the time the most accurate measured and was pivotal in confirming Albert Einstein’s General Theory of Relativity. 

·    Some of the buildings and ruins on site were built by a successful syndicate of World War I ex-servicemen as part of the Solider Settlement Scheme.

·    The place reflects the fear Japanese invasion during World War II, particularly in the isolated north-west.

·    The place hosted Dutch refugees who landed in Dornier Flying Boast at Eighty Mile Beach having fled the Japanese invasion of Java.

·    The place has potential to contain archaeological deposits or artefacts that can provide information that can contribute to understanding of rural life during the 19th century.

·    The place was home to many Nyangumarta people who lived and worked at the Station over many years and has social value for their families and descendants for whom the station is located on Native Title land.

·    The place is a representative example of the transition of pastoral stations from running sheep to cattle in the state’s north west during the mid-twentieth century.

 

The inclusion of the above points to the statement of significance of the place is supported by additional research undertaken and provided under the ‘Documentary Evidence’ part of the registration document. It is considered that the statement of significance is a sound representation of the site’s significance to the cultural heritage of the State. The other amendments proposed provide a greater level of detail and information on the site and are supported.

 

It is also proposed that the curtilage of the site is amended, as shown in Attachment No 1. The curtilage is proposed to increase in size to include the larger area that comprises of the homestead and existing buildings, locations of the former buildings, as well as the grave site. To support the increase in the curtilage area and to visually show the areas of primary significance, the HCWA Zones of significance figure has been included which is considered to be a positive inclusion to inform potential future development on the site.

 

Based on the above, it is recommended that the Shire supports the amendments proposed to the site’s interim registration documentation.

 

Further, from the updated information provided it is considered that the site does have considerable significance which supports the site forming a permanent entry on the State Register of Heritage Places. Wallal Downs Station forms part of the Shire of Broome’s Municipal Inventory as Place No 57 with a Grading Level A – Exceptional Significance. The Municipal Inventory supports that the place is worthy of consideration for entry on the State Register of Heritage Places.

 

The permanent registration of the site will not have any additional implications for the owners/leaseholders of the site as the current interim registration of the property already triggers the need for applications to be referred to the State Heritage Office for comment. Further, the area of the homestead that forms part of the interim registration is removed from the proposed location of intensive agricultural pursuits on Wallal Downs station, and therefore the inclusion of the place on the State Register of Heritage Places will not impact upon this development.

 

As such, it is recommended that the Shire advise the State Heritage Office that it supports the listing of the place as a permanent entry on the State Register of Heritage Places.

 

CONSULTATION

 

No consultation has been undertaken by the Shire. The State Heritage Office undertakes consultation with the site’s owners and leaseholders as a part of considering the updates to the registration document and inclusion of the place on the State Register of Heritage Places.

 

STATUTORY ENVIRONMENT

 

Part 5 of the Heritage of Western Australia Act 1990 deals with registered places. In particular section 49 sets out the procedure to be followed before registering a place and section 51 sets out the ability for the Heritage Council to establish the register. They state the following:

49.     Procedure before entering place in Register under s. 51

      (1)     A place shall not be entered in the Register under section 51, except pursuant to an interim registration under section 50 or where subsection (2) applies, unless — 

                 (a)     the Council pursuant to a direction given by the Minister has, by public advertisement — 

                               (i)     given notice that it is proposed that the place be entered in the Register; and

                              (ii)     set out a sufficient description to identify the place; and

                             (iii)     invited persons generally to make submissions in relation to the proposed entry in the Register, specifying the manner in which and the address to which the submissions should be forwarded; and

                             (iv)     specified the date, being not earlier than 6 weeks after the publication of the advertisement in the Gazette, by which the submissions are to be made,

                           and the date so specified has passed; and

                 (b)     the Council has — 

                               (i)     considered any submissions forwarded pursuant to the advertisement referred to in paragraph (a); and

                              (ii)     sought from the local government for the district in which the place is situate and from the owner and any person who appears to the Council likely to be affected or interested, their representations on any aspect of those submissions or as to any other matter relevant to any proposal relating to that place on which the Council desires their view; and

                             (iii)     considered and advised the Minister on those representations and submissions and as to the recommendation of the Council,

                           and the Minister has directed that the entry shall be made.

      (2)     Where the advice referred to in subsection (1)(b)(iii) is not received by the Minister within a period of 9 months following the date specified for the purposes of subsection (1)(a)(iv) in the advertisement published pursuant to that subsection the Minister may direct that the place be entered in the Register forthwith.

      (3)     Where a public advertisement pursuant to subsection (1) is made in relation to any place, the Council shall, as soon as is practicable thereafter, also cause to be served on the owner and, so far as is practicable, on each occupier of that place an explanatory memorandum informing that person of the particulars to be contained in the proposed entry in the Register, drawing attention to and containing a copy of the public advertisement and stating, so far as the Council can, the manner in which such an entry in the Register may affect that person.

      (4)     Where a proposed entry relates to a place that comprises land in the ownership of or occupied by a number of persons and it is not reasonably practicable for the Council to serve a separate explanatory memorandum on every such owner and occupier of land comprised within that place, in addition to complying so far as is practicable with the requirements of subsection (3) the Council shall cause a general explanatory memorandum to be served — 

                 (a)     by way of a notice contained in the advertisement referred to in subsection (1), ensuring that the advertisement — 

                               (i)     appears in a newspaper circulating particularly in that locality; or

                              (ii)     is posted up for public information in a number of reasonably prominent locations on or near that land;

                           and

                 (b)     upon the local government of the district in which the land is situated, with such extra copies as that local government may request.

51.     Permanent registrations in Register, making of

      (1)     Subject to this Part, where the Minister directs that an entry in the Register on a permanent basis is to be made in relation to any place, the Council shall cause to be entered in the Register — 

                 (a)     a sufficient description of the location to identify the place to which the entry refers; and

                 (b)     the date on which the place was entered in the Register; and

                 (c)     a statement — 

                               (i)     outlining how the place relates to or is associated with the cultural heritage in the State; and

                              (ii)     identifying particular features of significance or of special interest or value; and

                             (iii)     giving reasons why any particular significance, special interest or value to the community is attributed;

                           and

                 (d)     if that particular significance, interest or value relates to any building situated at that place, a statement making clear whether it attaches — 

                               (i)     to the whole of the building and any appurtenances; or

                              (ii)     to any particular part of the building or its appurtenances;

                           and

                 (e)     particulars of — 

                               (i)     any order made under section 38 in relation to the place; and

                              (ii)     any Heritage Agreement by which the place is affected;

                           and

                   (f)     such other information as may be prescribed.

      (2)     Where a place is entered in the Register pursuant to this section, the Council shall forthwith cause a notice setting out the particulars registered in respect of the entry to be published by way of public advertisement.

 

With regard to once a place is registered, Part 8 of the Act establishes the effect it has on development, particularly section 78 states the following:

78.     Entry of land in Register, effect of on certain applications etc.

      (1)     Where any land is entered in the Register all — 

                 (a)     applications for approval of development in a planning control area made under Part 7 of the Planning and Development Act 2005; and

                 (b)     applications for approval under section 135, 136 or 162, or approvals for the purposes of section 147, of the Planning and Development Act 2005; and

                 (c)     applications under the Building Act 2011 for a building permit or demolition permit;

                 (d)     applications for a certificate of approval under section 25 of the Strata Titles Act 1985; and

                 (e)     other prescribed applications,

               then before a decision-making authority in respect of that land shall, except in so far as the Council may otherwise in writing agree with the decision-making authority, not be further proceeded with until the application in question has been referred by the decision-making authority to the Council and the advice of the Council received.

      (2)     Upon any land being entered in the Register as an interim registration, if an approval, building permit or demolition permit in respect of that land is of a kind in respect of which a pending application would have been referred to the Council under subsection (1) or is an instrument of a prescribed kind which is in force, the operation of that approval, permit or instrument — 

                 (a)     shall be taken to be thereby suspended but may, if the Council gives notice in writing of its consent to the holder, be acted upon in such manner as the Council may authorise in that notice; and

                 (b)     shall not be given effect to, except in so far as paragraph (a) may authorise, until the interim registration ceases; and

                 (c)     is subject thereafter to any condition imposed by the Council when giving its consent.

      (3)     Upon any place being entered in the Register on a permanent basis, all applications, approvals, permits and instruments of a kind referred to in subsection (1) or subsection (2) are deemed to be thereby revoked and shall not be given effect to, but the operation of this subsection does not prejudice the right of a person in whose name such an application had been made or who was the holder of such an approval, permit or instrument to make a fresh application.

      (4)     Where a decision-making authority grants an application under any written law in relation to any land, or any works or thing, to which a permit granted subject to conditions imposed by the Minister or the Council under this Act applies, any conditions imposed by the decision-making authority in relation to a like matter shall not be inconsistent with the conditions imposed under this Act.

      (5)     Nothing in this Act shall be construed as requiring an application to be made for approval to any alteration to a registered place (being a church or land within the precinct of a church) for purposes which are of a liturgical nature where the Council has been given 28 days notice of the proposed alterations by the owner and the notice includes a declaration by an officer of the church authorised by the church for that purpose that the alteration is required for liturgical purposes.

 

POLICY IMPLICATIONS

 

Nil.

 

FINANCIAL IMPLICATIONS

 

Nil.

 

RISK

 

Nil.

 

STRATEGIC IMPLICATIONS  

 

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

 

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

 

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

 

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

 

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

 

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

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council advise the State Heritage Office that:

1.    It supports the amendments proposed to the Interim Registration documentation for the Wallal Downs Station Group; and

2.    It supports the permanent registration of the Wallal Downs Station Group on the State Register of Heritage Places.

 

Attachments

1.

Curtilage Map and HCWA Zones of Significance

2.

Cover Letter and Assessment Documentation

  


Item 9.2.6 - WALLAL DOWNS STATION GROUP - REQUEST FOR COMMENT FROM STATE HERITAGE OFFICE ON AMENDMENTS TO THE INTERIM REGISTRATION AND POSSIBLE PERMANENT REGISTRATION

 

 

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Agenda – Ordinary Meeting of Council 25 August 2016                                                                             Page 334 of 335

 

9.2.7      SHIRE OF BROOME MUNICIPAL INVENTORY OF HERITAGE PLACES - ANNUAL UPDATE

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           PLA10

AUTHOR:                                                   Statutory Planning Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director Development Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    2 August 2016

 

SUMMARY:         At the Ordinary Meeting of Council on the 28 August 2014, Council resolved to adopt the Shire of Broome Municipal Inventory of Heritage Places 2014.

Pursuant to clause 45 of the Heritage Act of Western Australia 1990 the Shire is to update the Municipal Inventory annually.

This report recommends that Council make updates to Place 57 – Wallal Downs Station.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 28 August 2014                        Item 10.4

OMC 27 August 2014                        Item 9.2.4

 

Background

 

A Municipal Inventory of Heritage Places (Municipal Inventory) is a survey of heritage places in a local government area. It identifies local heritage assets and provides the information on local heritage.

 

Municipal Inventories are also informing documents for the preparation of a Heritage List adopted through a Local Planning Scheme. For the Shire of Broome and in accordance with Schedule A of LPS6, the Municipal Inventory forms the Shire’s Heritage List. This means that any development occurring on or within a place on the Municipal Inventory requires development approval from the Shire.

 

Every local government is required to prepare and adopt a Municipal Inventory in accordance with the provisions of the Heritage Act of Western Australia 1990 (Heritage Act). Further, local governments are required to undertake a review of the Municipal Inventory every four years and update the document annually. 

 

The Shire of Broome engaged a heritage consultant to undertake a comprehensive review of the Municipal Inventory in 2014. Council considered the outcomes of the review at the Ordinary Meeting of Council on 28 August 2014 and resolved the following:

 

That Council:

 

1.       Adopts the Municipal Inventory of Heritage Places 2014, as included in Attachment 2, for the purposes of the Heritage Act 1990 and also as the heritage list under Town Planning Scheme 2 [4], and pursuant to the

 

a)        Heritage Act 1990 section 45(3) provides a copy to the Heritage Council; and

b)        Shire of Broome Town Planning Scheme No 4 Clause 7.1.4 notifies the Western Australian Planning Commission

 

2.       Receives Attachment 3 as a suggested list of nominated places for the purposes of consulting with the landowners prior to further consideration by Council for future inclusion on the Municipal Inventory of Heritage Places.

 

3.       That Lake Eda remain on the Municipal Inventory of Heritages Places 2014 for the next twelve months and the CEO be requested to ascertain facts pertaining to the site with a view of retaining it on the Heritage List.

 

Further information was sourced in relation to point 3 of the above resolution (Lake Eda) and at the 27 August 2015 Ordinary Meeting, Council resolved the following:

 

That Council pursuant to Clause 45 of the Heritage Act of Western Australia 1990, adopt Place No 59, Lake Eda as a permanent listing on the Shire of Broome’s Municipal Inventory of Heritage Place as set out in Attachment No 2. 

 

A full copy of the adopted Municipal Inventory can be viewed on the Shire website, at following link: http://www.broome.wa.gov.au/Building-Development/Planning/Local-Planning-Policies-Strategies.

 

COMMENT

 

Under the Heritage Act, Local Governments are required to update their Municipal Inventory annually. There is no prescribed process or guidelines which set out how this update is to occur.

 

As set out in the August 2014 agenda item the following practice has been adopted:

 

Officers will continue to keep records of updates to listed places when identified or advised by members of the community. It is recommended that this be reported back to Council as a part of an annual update process and it is also envisaged that the consultation for the suggested listed of nominated places will be undertaken over the next 12 months to provide further updates in August 2016.

 

Over the last 12 months, it has been identified that updates are required following the State Heritage Office review of the Wallal Downs Station Group listing. Based on the information supplied, it is recommended that Council update the Municipal Inventory listing for this place as shown in Attachment No 1. Officers have not identified or been made aware of any further changes or updates to be made to the Municipal Inventory, and therefore no other changes are recommended.

 

With regards to part 2 of the resolution made at the Ordinary Meeting of Council on 28 August 2014 (suggested list of nominated places), officers have reviewed the suggested list (included as Attachment 2) and unfortunately insufficient information has provided at this point for these places to be considered further. The information provided in the ‘list of suggested places’ is insufficient because:

 

-     the majority of the places do not have adequate locational details to enable officers to investigate/locate the sites;

-     incomplete information is provided such that the ‘list of suggested places’ would not meet the State Heritage Office’s Criteria For the Assessment of Local Heritage Places and Areas

 

To be able to progress with this task, significant additional staff resources would need to be allocated, which is not possible within current resourcing levels. Further, it should be noted that funds have been allocated towards a full review of the Municipal Inventory in the 2017/2018 financial year, in accordance with the Shire’s Corporate Business Plan. This will enable the Shire engage a heritage consultant to undertake a complete review of the existing places, assess the places on the suggested list and call for the nomination of new places by members of the public.

 

CONSULTATION

 

Nil.

 

STATUTORY ENVIRONMENT

 

45.     Local government to compile etc. inventory of buildings with cultural heritage           significance

      (1)     A local government shall compile and maintain an inventory of buildings within its district which in its opinion are, or may become, of cultural heritage significance.

      (2)     The inventory required by subsection (1) shall be compiled no later than 4 years from the commencement of this Act and shall be — 

                 (a)     updated annually; and

                 (b)     reviewed every 4 years after compilation.

      (3)     A local government shall provide the Council with a copy of the inventory compiled pursuant to this section.

      (4)     A local government shall ensure that the inventory required by this section is compiled with proper public consultation.

 

POLICY IMPLICATIONS

 

Nil.

 

FINANCIAL IMPLICATIONS

 

Nil.

 

RISK

 

Every local government is required to undertake a review of the Municipal Inventory every four years and update the document annually in accordance with the Heritage Act.  Therefore, the Shire will be in breach of the Heritage Act if it fails to undertake this annual update. 

 

STRATEGIC IMPLICATIONS  

 

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

 

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

 

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

 

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

 

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

 

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

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council, pursuant to clause 45 of the Heritage Act of Western Australia 1990, update the Shire of Broome Municipal Inventory by amending place no 57, Wallal Downs Station as shown in Attachment No 1.

 

Attachments

1.

Attachment No 1 - Updated Place Record No 57 - Wallal Downs

2.

Attachment No 2 - List of Suggested Places (August 2014)

  


Item 9.2.7 - SHIRE OF BROOME MUNICIPAL INVENTORY OF HERITAGE PLACES - ANNUAL UPDATE

 

 

Wallal Downs Station                                                 Place No: 57

                                                                                    A:  Considerable significance

                                                                                                                                       Register of Heritage Places

      Heritage List     

 

Address

Wallal Downs Road  (56 Gt Northern Highway)

Suburb/Town

PARDOO  (Eighty Mile Beach)

Reserve No: 9697

Lot  9697 56

  Diagram

C.T.   Vol  Fol  3127/125

 

 

STATEMENT OF SIGNIFICANCE

Wallal Downs Station is historically significant as the first pastoral lease taken up on the Eighty Mile Beach, and as a World War One Soldier settlement in the region.  The use of local limestone and coral rock construction materials and   is significant. Wallal Downs Station informs of the history of pastoral activities in the region.

Wallal Downs Station Group comprising the limestone, weatherboard and iron Homestead (1900, 1929), Cottage (former Married Quarters) (c. 1952), three Stone Water Tanks (1922) and a stone Aqueduct (1922) as well as archaeological remnants associated with earlier stone buildings and single quarters (c.1900, 1920), has cultural heritage significance for the following reasons:

·    The place was a site of an internationally important scientific expedition to observe the 1922 total solar eclipse. The data recorded from the site was at the time the most accurate measured and was pivotal in confirming Albert Einstein’s General Theory of Relativity. 

·    Some of the buildings and ruins on site were built by a successful syndicate of World War I ex-servicemen as part of the Solider Settlement Scheme.

·    The place reflects the fear Japanese invasion during World War II, particularly in the isolated north-west.

·    The place hosted Dutch refugees who landed in Dornier Flying Boast at Eighty Mile Beach having fled the Japanese invasion of Java.

·    The place has potential to contain archaeological deposits or artefacts that can provide information that can contribute to understanding of rural life during the 19th century.

·    The place was home to many Nyangumarta people who lived and worked at the Station over many years and has social value for their families and descendants for whom the station is located on Native Title land.

·   The place is a representative example of the transition of pastoral stations from running sheep to cattle in the state’s north west during the mid-twentieth century.

 

GRADING  A: Shire of Broome ‘Heritage List.’ TPS: Development Application. Retain & conserve. Listed on ‘Register of Heritage Places’.

 

 

CONSTRUCTION DATE

1920s

 

Original Use

Pastoral station

 

Present Use

Pastoral station

 

Other Use

 

 

CONSTRUCTION MATERIALS:

 

 

Walls

Cast iron

 

 

 

Roof

Metal

 

 

 

Other

Limestone and coral rock

 

 

 

ARCHITECTURAL STYLE:

No physical inspection

DESCRIPTION   

Wallal Downs Station comprises the homestead &outbuildings including stone water tanks.  The buildings are mostly limestone constructions with the use of some coral rock.  The roofs are corrugated iron.

CONDITION            The main Homestead building and other residential buildings are in good condition. The Aqueduct and Stone Water Tanks are in sound condition, with some repair works undertaken to cracking. A number of buildings have been completely destroyed due to cyclone damage.

INTEGRITY             High degree ?

AUTHENTICITY      High degree ? Moderate

 

HISTORICAL NOTES

Wallal Downs Station was the first land taken up on the 80-mile beach, with a lease issued about 1900 to Piper and Galbraith. They were joined in partnership by Charles Somerset of Pardoo, who bought them out in 1910. In the 1920s, a syndicate of ten returned soldiers acquired the property under the Soldier Settlement Scheme. The active partners in the group were the two Lacey brothers and Reg King who were responsible for the early stone buildings, including the stone section of the residence, the shearers' kitchen-dining room and two of the tanks. In 1973, following the death of Reg King, the remaining members of the syndicate sold the property.

 

ASSOCIATIONS

ASSOCIATION TYPE

Reg King, Lacey brothers

Builder

 

LISTINGS

HCWA Database No. 0305  Register of Heritage Places (interim) 1992

National Trust classified 1984

Register of National Estate  Indicative Place 2013

Other Ref No. GIS Property Number:

Shire of Broome: 2004, 1996.

 

SUPPORTING INFORMATION/BIBLIOGRAPHY

DOCUMENT TYPE

HCWA assessment documentation 

 

 


Item 9.2.7 - SHIRE OF BROOME MUNICIPAL INVENTORY OF HERITAGE PLACES - ANNUAL UPDATE

 

 

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Agenda – Ordinary Meeting of Council 25 August 2016                                                                             Page 356 of 357

 

9.2.8      BROOME SURF LIFESAVING CLUB 2017-2018 CSRFF ANNUAL FORWARD PLANNING GRANT APPLICATION

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           LSS068 ONG29

AUTHOR:                                                   Manager Sport and Recreation

CONTRIBUTOR/S:                                    Club Development Officer

Manager Financial Services

Property and Leasing Senior Officer

Strategic Planning Coordinator

RESPONSIBLE OFFICER:                          Deputy Chief Executive Officer/Director Community & Economic Development

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    3 August 2016

 

SUMMARY:         The Western Australian Department of Sport and Recreation (DSR)’s Community Sporting and Recreational Facilities Fund (CSRFF) Forward Planning 2016-2017

grant process seeks to have all applications submitted for priority assessment and endorsement through the local government authority (LGA) in which the project is located.

One application, Broome Surf Life Saving Club North West Training Facility, is proposed to be submitted on behalf of the Broome Surf Life Saving Club and is presented for Council’s endorsement before being submitted to DSR. Shire officers recommend this project as “well planned and needed by the municipality”. 

 

 

BACKGROUND

 

Previous Considerations

 

OMC 7 July 2011                  Item 9.3.4

OMC 1 September 2011    Item 9.3.4

OMC 6 September 2012    Item 9.1.1

OMC 15 August 2013          Item 9.1.2

OMC 28 August 2014          Item 9.1.2

OMC 31 March 2016           Item 9.2.2

 

The WA Department of Sport and Recreation (DSR) calls for applications for financial assistance through the Community Sporting and Recreation Facilities Fund (CSRFF) via three categories:

·        Small Grants

·        Annual Grants

·        Forward Planning Grants

DSR’s CSRFF grants program provides financial assistance to community groups and local government authorities to develop basic infrastructure and support planning studies for sport and recreation.   The program aims to increase participation in sport and recreation with an emphasis on physical activity through rational development of good quality, well-designed and well-utilised facilities.   

Grant applicants must be a local government authority or a not-for-profit sport, recreation or community organisation incorporated under the WA Associations Act 1987.  The land on which the facility is to be developed must be one of the following:

·        Crown reserve;

·        Land owned by a public authority;

·        Municipal property; and

·        Land held for public purposes by trustees under a valid lease, title or trust deed that adequately protects the interests of the public.

 

DSR’s CSRFF grant process seeks to have all applications submitted for endorsement through the local government authority (LGA) in which the project is located.  

 

The CSRFF Forward Planning Funding Grant

 

The CSRFF Forward Planning grant program is made available once a year by DSR with applications closing in September.  Forward planning grants are allocated to large scale projects where costs exceed $500,000 and may require an implementation period of between one and three years. Grants given in this category may be allocated in one or a combination of the years in the triennium.

 

DSR CSRFF Project Assessment Sheet for LGAs

 

The CSRFF Project Assessment process requires the LGA to rank, in order of priority, all applications received.  All projects need to be considered in the context of their local, regional and state sport and recreation facilities plans to ensure the project meets the needs of the community.

 

In addition, the Assessment requires LGAs to rate all applications received as either:

 

(a)       Well planned and needed by municipality;

(b)       Well planned and needed by applicant;

(c)       Needed by municipality, more planning required; 

(d)       Needed by applicant, more planning required;

(e)       Idea has merit, more planning work needed; and

(f)        Not recommended. 

 

This rating should reflect how worthwhile the project is and indicate importance on actual need and benefit to the community. 

 

DSR seeks to have all LGA rankings and ratings endorsed by Councils and a copy of Council Minutes confirming financial contributions or intention to include in discussions in the forthcoming budget process (if applicable) to be included within the application form.

 

COMMENT

 

The Broome Surf Life Saving Club (BSLSC) has submitted an application for funding to deliver the construction of the BSLSC North West Training Facility. The facility is a replacement of most of the existing building, with all but the existing storage area being dismantled and replaced with:

·            Multiple training rooms

·            Training and equipment rooms

·            Multifunctional meeting/training/conference rooms

·            Multi club meeting/office space 

·            Radio control tower that offers 180 degree surveillance of Cable Beach

·            Commercial kitchen

·            Expanded amenities

 

The BSLSC has been thorough in its planning and has developed documents in support of this project that are included are attached to this report, including:

·            Business case

·            Feasibility study

·            Needs assessment

·            Building maintenance and management plan

·            Lifecycle cost report

·            Building analysis report

 

A project of this scale and in such a prominent location requires involvement from several of the Shire’s business areas. Internal consultation has been undertaken with detail noted below.

 

Planning considerations

 

Reserve 36477 is currently classified as a ‘Public Purpose’ Local Reserve under LPS6, for the purpose of ‘recreation and parking.’ Under LPS6, all development in Local Reserves requires Development Approval to be obtained from the Shire. In determining an application for Development Approval, the Shire will consider the ultimate purpose intended for the Reserve. It is considered that a Surf Club is consistent with the ‘recreation’ purpose of the Reserve and thus the use of the land for that purpose is appropriate. The design of any future development cannot be assessed at this stage and will be considered on its merits in accordance with the provisions of LPS6 when a formal development application is lodged with the Shire. 

 

In June 2016 Council received a Coastal Vulnerability Study (CVS) for the Broome Townsite which identified that portions of the townsite are at risk of coastal hazards, namely inundation and erosion, over a 100 year planning timeframe, with risks considered at intervals of present day, 2040, 2070 and 2110.  The CVS identified that the location of the Surf Club is vulnerable to coastal erosion. If a 100 year Annual Recurrence Interval (ARI) storm surge event was experienced now, the CVS predicts that approximately 36 metres of horizontal erosion will be experienced on the coastline adjacent to the Surf Club building. The maps included in the CVS indicate that this degree of erosion would extend into the existing Surf Club building footprint.  By 2040, the coastal processes line to reflect potential erosion will be located entirely landward of the existing building.

 

State Planning Policy 2.6 – Coastal Planning Policy (SPP2.6) requires development proponents or the local government to undertake coastal hazard risk management and adaptation planning (Adaptation Planning) for development that will be located in an area considered to be at risk of coastal hazards over the 100 year planning timeframe. SPP2.6 establishes the process for Adaptation Planning, which must include the following stages: establish the context, vulnerability assessment, risk identification, analysis, evaluation, adaptation, funding arrangements, maintenance, monitoring and review, and communicate and consult.   As State Planning Policies have force and effect throughout WA, the requirements of SPP2.6 are already applicable to the Surf Club site. However, to provide clarity to landowners, Shire staff and Councillors and the general public about where these requirements apply, officers are proposing that Council introduces a ‘Coastal Hazard Risk Area’ Special Control Area (SCA) into LPS6 to identify which areas are considered to be at risk of coastal hazards. This proposal is to be considered as an Item in the current Agenda.  The Surf Club will be located in the SCA and Adaptation Planning, consistent with the methodology set out in SPP2.6, will be required to support any future development application. SPP2.6 specifically acknowledges that surf clubs are often required in a vulnerable area, and states that preference should be given to clubs ‘that are identified in a strategic plan and co-located with other facilities’, which is consistent with the Surf Club’s application. However this does not eliminate the need to ensure the risk of coastal hazards can be adequately managed through Adaptation Planning.

 

The Shire is currently preparing a Broome Townsite CHRMAP which will provide Adaptation Planning for the entire townsite and fulfil the requirements of SPP2.6. Preparation of the CHRMAP has commenced and the project timeframe indicates that a draft CHRMAP will be prepared for Council’s consideration by February 2017. Should  the Surf Club wish to progress a development application prior to the completion of the Broome Townsite CHRMAP, a site-specific Adaptation Plan will be required, and the Shire may at its discretion accept or not accept the recommendations of such plan.

 

As project planning continues and during the development application process, consideration will need to be given to the cultural heritage of the site, and consultation undertaken with appropriate agencies to ensure that the development doesn’t detract from the cultural significance of the location.

 

Finance considerations

 

The project has been costed by local company H & M Tracey Contractors, the cost break down is included in the financial implications section of this report. The BSLSC has developed a list of funding partners that they are planning to approach for project funding, which is included in the financial implications section of this report.

 

The club has requested that in the event of a funding shortfall, the Shire assists in obtaining a self supporting loan from the Western Australian Treasury Corporation (WATC) of up to $500,000. A quote has been provided by the WATC, with a six monthly $16,598 pay back requirement over a term of 20 years. BLSLSC has advised that this amount is within normal operations if it were required. 

 

Property/leasing considerations

 

The BSLSC currently holds a lease on the surf life saving club building located on reserve 36477 and have done so in a 21 year agreement since 2005. The current lease expires on 1 February 2026. A new or extended lease cannot be provided until the expiration of the current lease approaches or if the current lease is relinquished and re-issued.

 

CONSULTATION

 

Broome Surf Life Saving Club consulted extensively with trade experts, internal Shire of Broome departments and community sport and recreation groups to ensure that the appropriate agencies and organisations were engaged.

 

The BSLSC liaised with and gained support from a long list of local sporting bodies who have provided letters of support for the project, including:

 

·        Garnduwa Amboorny Wirnan Aboriginal Corporation

·        Department of Education

·        Local Emergency Management Committee (Shire of Broome)

·        Broome Sports Association

·        Broome Netball Association

·        Broome Sailing Club

·        Broome Triathlon Club

·        Catholic Education WA

·        Surf Life Saving Western Australia

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

 

POLICY IMPLICATIONS

 

Local Planning Scheme 6 (LPS6)

State Planning Policy 2.6 – Coastal Planning Policy

 

FINANCIAL IMPLICATIONS

 

The Shire of Broome long term financial plan does not identify any contribution to this project, nor is one sought from the BSLSC at this stage. However, it has been requested that in the event of a funding shortfall, the Shire assists in obtaining a self supporting loan from the Western Australian Treasury Corporation (WATC) of up to $500,000.

 

Project budget:

 

Project Description

(detailed breakdown of project to be supplied

$ Cost

ex GST

Quote Used

(list company name and quote no)

Construction of North West Training Facility – including planning fees and approvals

4,770,000

H & M Tracey Construction Pty Ltd

Electricity Transformer upgrade

180,000

H & M Tracey Construction Pty Ltd

Water Headworks Fees

80,000

H & M Tracey Construction Pty Ltd

Lift Supply & Install

100,000

H & M Tracey Construction Pty Ltd

Commercial Kitchen – S/Steel benches, cool room & equipment

150,000

H & M Tracey Construction Pty Ltd

Architect Fees

8,000

Laird Tran Design Studio

Project Signage

3,000

 

Donated materials (Cost breakdown must be attached)

50,000

Various local providers have been canvassed and in principal support has been given for discount on goods or straight donation. Once funding received, these will be confirmed.

Volunteer Labour (Cost breakdown must be attached)

50,000

2,000 volunteer hours @ $25 per hour for project management, site inspections, preliminary site clearance, post site clean-up, building reports.

Sub Total

5,391,000

 

Cost escalation

539,100

10% based on estimate classifications by Australian Cost Engineering Society

a)       Total project expenditure

5,930,100

 

 

Funding Source: Broome Surf Life Saving Club – North West Training Facility

 

Funding Type

Capital  or Start Up Expense

Life Cycle Costs (Annual)

Funding Details (e.g. RLCIP)

Account Number

Cost $

*Cost Type

Grant

 

Capital

$1,970,000

 

CSRFF

n/a

Grant

 

Capital

$784,100

 

Royalties for Regions

n/a

Grant

Capital

$1,363,000

 

Regional Development Fund

n/a

Grant

 

Capital

$1,363,000

 

Lotterywest

n/a

Applicant contribution

Capital

$350,000

 

BSLSC

n/a

In Kind

 

Capital

$50,000

 

Volunteer labour

n/a

Donated materials

Capital

$50,000

 

Donated materials

n/a

TOTAL

 

5,930,100

 

 

 

*Cost Type – Asset:    New, Upgrade, Renewal, Maintenance, Operating.

                     Service:   Start up and Operating

 

RISK

 

Risk

Risk rating

Risk mitigation

Sufficient funding unable to be secured through grant sources

Possible/Major = Extreme

Undertake the project in stages at level of funding available

CHRMAP results indicate that the proposed site is at risk of coastal erosion

Possible/Major = Extreme

Adaptation planning to be undertaken at time of application for development approval

 

STRATEGIC IMPLICATIONS  

 

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

 

Affordable services and initiatives to satisfy community need

 

Accessible and safe community spaces

 

A healthy and safe environment

 

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

 

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

 

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

 

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

 

Affordable and equitable services and infrastructure

 

Affordable land for residential, industrial, commercial and community use

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Recommends the following application to the Department of Sport and Recreation’s Community Sporting and Recreation Facilities Fund Forward Planning 2016/2017 for funding and be prioritised as follows:

Applicant

Project Funding

Priority

 

Shire of Broome

 

A

(Well planned and needed by Municipality)

 

One

2.       Requests the Chief Executive Officer to inform the Department of Sport and Recreation accordingly;

3.       Requests the Chief Executive Officer to assist in the negotiation of a self supporting loan to a maximum of $500,000 for the Broome Surf Life Saving Club through the West Australian Government Treasury Corporation if required; and

4.       Notes that the final decision to enter into a self supporting loan with the Broome Surf Life Saving Club will be brought to Council for consideration and approval.

 

Attachments

1.

BSLSC - CSRFF application August 2016 (Confidential to Councillors and Directors Only)

This attachment is confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(ii)) as it contains “a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government”.

2.

BSLSC - Letter requesting self supporting loan (Confidential to Councillors and Directors Only)

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

  


Agenda – Ordinary Meeting of Council 25 August 2016                                                                             Page 363 of 364

 

9.2.9      PETITION TO STOP MULTI-STOREY DEVELOPMENTS NEAR CABLE BEACH 

LOCATION/ADDRESS:                            Cable Beach Tourist Precinct

APPLICANT:                                              Martin Huber

FILE:                                                           PLA80

AUTHOR:                                                   Strategic Planning Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director Development Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    4 August 2016

 

SUMMARY:         At the Ordinary Meeting of Council held on 28 July 2016, a petition was presented requesting that Council not accept the draft Cable Beach Development Strategy because the petitioner believes ‘the community of Broome does not want high rise development of the coastal environment adjoining Cable Beach or within the Cable Beach tourist precinct.’ This report recommends Council note the petition, on the basis that the Cable Beach Development Strategy was adopted by Council at the Ordinary Meeting of Council on 28 July 2016.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 28 April 2016                             Item 9.1.1

OMC 28 July 2016                              Item 9.2.1

 

At the Ordinary Meeting of Council on 28 July 2016, Councillor E Foy advised she had received a petition from Mr Martin Huber of Broome, on behalf of the ‘undersigned electors, ratepayers and residents of the Shire of Broome.’ The petition requests:

 

The Shire Council: Not accept or pass the proposed Cable Beach Development Strategy because we believe the community of Broome does not want high rise development of the coastal environment adjoining Cable Beach or within the Cable Beach tourist precinct (see 3.6.1 Development Control Provisions Actions xiii of the CBDS). Furthermore, the proposed development does not align with the existing built form provisions.

 

A copy of the petition is included as Attachment 1 to this report.

 

The Chief Executive Officer advised that under Section 3.5 of the Shire of Broome’s Standing Orders Local Law 2003, the signatures would be verified before Council could receive the Petition and that this would be presented as an item to the next Ordinary Meeting of Council.

 

COMMENT

 

After receiving the petition at the July 2016 Ordinary Meeting of Council, officers verified that out of the 313 signatures, 122 are electors in the Shire of Broome and 14 are ratepayers. 135 addresses were unable to be verified using the 2015 electoral roll, and 42 provided an address outside the Shire of Broome. 

 

The Cable Beach Development Strategy (the Strategy) was considered by Council at the July 2016 Ordinary Meeting and at this meeting Council resolved to adopt the Strategy subject to some modifications resulting from the submissions received. As such, officers do not recommend Council take any action beyond noting the petition.

 

It is noted that Local Planning Scheme No. 6 (LPS6) currently allows non-residential building height to comprise a wall height of 10 metres and an overall height of 14 metres, which is generally equivalent to three stories. The Strategy does not supersede these restrictions, however it provides guidance to Council on how it may choose to exercise its discretion to vary the provisions of LPS6, which is permitted under Clause 5.4.1 of LPS6. In this regard, the Strategy states that Council can consider varying the height provisions of LPS6 on two lots within the precinct, Lots 1640 and 2212 Cable Beach Road West (the former location of the Malcolm Douglas Wildlife Park), with development on these lots to be limited to a wall height of 17 metres and an overall height of 24 metres, which is equivalent to five storeys.  However, in order for this variation to be supported, Council must be satisfied that any development proposal will not have an any adverse effect upon the occupiers or users of the development, the inhabitants of the locality or the likely future development of the locality. Any development application will further be assessed against a range of matters set out in LPS6, including:

 

(m)    the compatibility of the development with its setting including the relationship of the development to development on adjoining land or on other land in the locality including, but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the development;

(n)     the amenity of the locality including the following:

(i)      environmental impacts of the development;

(ii)      the character of the locality; and

(iii)     social impacts of the development

 

On this basis, it considered that the provisions of the Strategy are consistent with LPS6 and provide a good guide for Council, the community and the development industry in relation to the future development and improvements in the Cable Beach Tourism Precinct.

 

It is further noted that whilst the Strategy allows for the potential for a higher building to be considered on two adjoining lots within the Precinct, no development application for this form of development has been received or is currently under consideration.

 

CONSULTATION

 

The draft Cable Beach Development Strategy was publicly advertised during May 2016 in accordance with a Community Engagement Plan endorsed by Council. 40 submissions were received on the draft Strategy which were considered by Council at its July 2016 Ordinary Meeting through the Schedule of Submissions.

 

STATUTORY ENVIRONMENT

 

Shire of Broome Standing Orders Local Law 2003

 

(1)     A Petition, in order to be effective, is to –

(a)     be addressed to the President of the Shire of Broome;

(b)     be made by residents and/or electors of the district;

(c)     state the request on each page of the petition;

(d)     contain the names, addresses and signatures of the residents and/or

electors making the request, and the date each resident and/or elector

signed;

(e)     contain a summary of the reasons for the request;

(f)      state the name of the person upon whom, and an address at which, notice

to the petitioners can be given;

(g)     be in the form prescribed by the Act and Local Government (Constitution)

Regulations 1998 if it is –

(i)         a proposal to change the method of filling the office of President;

(ii)        a submission about changes to wards, the name of a district or

ward or the number of councillors for a district or ward.

(h)     not contain any language that is disrespectful to the Council or likely to be

defamatory to any person

 

(2)     A member of the Council presenting a petition shall be limited to a statement from

the parties from whom it comes, the number of signatures attached to it, the material issues contained in it and to the reading of the preamble to the petition. It shall be incumbent on the member of Council presenting the petition to be familiar with the nature and contents of the petition, and to ascertain that it is in the form prescribed by subclause (1).

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

Nil

 

RISK

 

Nil

 

STRATEGIC IMPLICATIONS  

 

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

 

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

 

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

 

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

 

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

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council notes the petition received from Mr Martin Huber as contained in Attachment 1.

 

Attachments

1.

Petition to Stop Multi-Storey Developments Near Cable Beach

  


Item 9.2.9 - PETITION TO STOP MULTI-STOREY DEVELOPMENTS NEAR CABLE BEACH  

 

 

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Agenda – Ordinary Meeting of Council 25 August 2016                                                                             Page 392 of 393

 

9.2.10    EVENTS APPROVAL - SHINJU MATSURI 2016

LOCATION/ADDRESS:                            Lot 26 Dampier Terrace, Broome WA 6725

APPLICANT:                                              Shinju Matsuri Inc

FILE:                                                           REE01

AUTHOR:                                                   Events & Economic Development Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Deputy Chief Executive Officer/Director Community & Economic Development

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    10 August 2016

 

SUMMARY:         This report seeks Council consideration of an application to have event infrastructure on site at the Roebuck Bay Hotel car park adjacent to Carnarvon Street for a period of 7 days as part of the Shinju Matsuri Festival between 10 September and 17 September 2016. The infrastructure would be a 20ft Sea container that has been converted into an information booth. The information booth will be used to promote the festival, sell festival merchandise and tickets for events. This event application cannot be approved under delegation and is required to be considered by Council for the following reason:

1.         Approval for the event to operate for a period longer than 5 days under provisions of Local Planning Scheme No. 6.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 28 April 2016                             Item 9.1.2

OMC 12 July 2012                              Item 9.2.4

OMC 20 June 2013                            Item 10.1

OMC 27 February 2014                     Item 9.1.3

OMC 27 March 2014                         Item 10.1

OMC 24 April 2014                             Item 10.3

OMC 28 August 2014                        Item 9.1.1

OMC 30 July 2015                              Item 9.1.1

 

At the Ordinary Meeting of Council held 28 April 2016 it was resolved:

 

That Council:

1.   Authorises the Chief Executive Officer to approve (with minor variations as required) the issuing of event permits in accordance with Event Policy 5.1.11 to Shinju Matsuri Inc for the following events, to be held on Shire property as part of the Shinju Fringe Festival 13 May to 15 May 2016 and the Shinju Matsuri Festival 10 September  to 19 September 2016:

Shinju Fringe Yum Cha

Waking of Sammy

Opening Ceremony

Float Parade & Mardi Gras

Lantern Matsuri

Sunset Long Table Dinner

Closing Ceremony;

          subject to;

a)      The applicant submitting an event application, including all permit applications and meeting all regulatory requirements for each proposed event.

b)      Compliance with all local laws, State and Federal Acts and Regulations related to the event activity.

c)      All risk control measures, outlined within the Risk Management Plan submitted   with the event application being adhered to, to the satisfaction of the Chief   Executive Officer.

2.   Authorises the Chief Executive Officer to approve (with minor variations as required)  the issuing of an event permit in accordance with Event Policy 5.1.11 to Shinju Matsuri           Inc ‘A View to Asia’ subject to the following conditions;

a)      The applicant is to submit an event application including all permit applications and meet all regulatory requirements for the proposed event.

b)      The exhibition area that is used to be determined in consultation with Shire officers;

c)      Shinju Matsuri accepts all responsibility for, and indemnifies the Shire against, any liability arising from the event including obtaining sign off from a structural engineer where appropriate;

d)      Risk signage is installed at the site by Shinju Matsuri;

e)      Shinju Matsuri accepts all responsibility for the security, maintenance and/or replacement of the artworks;

f)       Shinju Matsuri accepts responsibility and reimburses the Shire for any remediation of the grassed area and its utilities where the artworks are installed;

g)      The Shire reserves the right, at its sole discretion, to remove and/or refuse any of the artworks for any reason whatsoever.

CARRIED UNANIMOUSLY 5/0

 

COMMENT

 

During the review of the event application for the Shinju Matsuri Festival 2016, it was identified that the Shinju organisers are requesting to place a 20ft sea container that has been converted into an information booth, in the car park of the Roebuck Bay Hotel for a period of 7 days. The information booth will be used to promote the festival, sell festival merchandise and tickets for events.

 

In accordance with LPP 8.30 – Minor Development, an event that occurs on a temporary basis is exempt from the need to obtain planning approval. Temporary is defined as less than 120 contiguous hours (the use of the land for a maximum of 5 consecutive days).  Though this application exceeds the set period of 5 days by a period of 2 days it is recommended that this be approved as the event is considered low risk and of a temporary nature.

 

Shire Planning Officers have advised that while the proposal will result in the loss of two car parking spaces, this is considered acceptable in this case as it is a short-term impact of seven days only. As is often the case when events are held on Male Oval, it is likely that there would be adequate parking within proximity of this site to cater for the loss of two bays, particularly given the activity would attract most visitors in the evening periods when there is generally more public parking spaces available for use within Chinatown.

CONSULTATION

 

Nil

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

 

Section 5.42 Delegation of some powers and duties to CEO

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

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

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

        * Absolute majority required.

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

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

 

Definitions and Interpretations

 

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

(a)  formal organisation and preparation;

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

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

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

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

 

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

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

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

 

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

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

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

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

 

Determination of application

 

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

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

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

 

Conditions of approval

      

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

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

Division 2 – Matters relating to approvals

 

Term and validity of approval

 

3.4 An approval remains valid until:

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

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

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

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

 

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

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

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

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

 

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

 

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

 

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

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

(a)     consume any liquor;

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

(c)     conduct any function;

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

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

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

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

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

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

(j)      erect any sign;

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

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

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

 

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

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

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

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

(i) offering them for sale or hire;

(ii) inviting offers for their sale or hire;

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

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

 

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

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

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

 

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

 

46. Local laws and regulations generally

 

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

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

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

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

 

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

 

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

 

POLICY IMPLICATIONS

 

4.2.12         Trading in Public Places

5.1.11         Events

 

FINANCIAL IMPLICATIONS

 

The Shire of Broome has entered into a three year sponsorship agreement with Shinju Matsuri Inc in accordance with Council’s resolution on 24 April 2014. The Agreement outlines the cash and in-kind sponsorship to be provided on an annual basis to support this community event.

 

In February 2016, Council resolved to approve a request to vary the sponsorship agreement regarding in kind support provided by the Shire (with the same dollar value) to allow more flexibility for the application of in-kind support within budget limits.

 

Application to construct, extend or alter a public building fee of $200.00 would apply and this would be taken from the Shire of Broome in-kind sponsorship as per the sponsorship agreement.

 

RISK

 

The applicant will be required to submit a risk management plan, emergency site plan and site evacuation plan. Current structural certification for the container along with a certificate of currency for Public Liability insurance will also be required. This event is considered to be a low to medium level risk for the Shire.

 

STRATEGIC IMPLICATIONS  

 

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

 

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

 

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

 

 

VOTING REQUIREMENTS

Absolute Majority

 

REPORT RECOMMENDATION:

That Council:

1.   Delegates authority to the Chief Executive Officer to approve a variation to the event permit conditions to allow Shinju Matsuri to place a 20ft sea container in the Roebuck Bay Hotel car park for a period of 7 days between 10 September and 17 September 2016.

2.   Notes that this approval is required in accordance with the provisions of:

a.      Council’s Events Policy 5.1.11 which requires events occurring for longer than 5 days to be approved by Council; and

b.      In accordance with clause 8.2 of Local Planning Scheme No. 6, agrees that the        proposal is temporary in nature and therefore does not require planning approval.

(Absolute Majority Required)

 

Attachments

1.

Image Information Booth Shinju

  


Item 9.2.10 - EVENTS APPROVAL - SHINJU MATSURI 2016 

 

 

 

 


 


 

9.3

Our Prosperity

 

clip_image002

 

PRIORITY STATEMENT

 

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

 

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

 

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


Agenda – Ordinary Meeting of Council 25 August 2016                                                                             Page 401 of 402

 

9.3.1      Proposed Amendment to Broome Growth Plan Partnership

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           EPD002

AUTHOR:                                                   Deputy Chief Executive Officer/Director Community & Economic Development

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Deputy Chief Executive Officer/Director Community & Economic Development

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    16 August 2016

 

SUMMARY:         Council is requested to consider an amendment to the established Memorandum of Understanding in relation to the Broome Growth Plan and consider governance arrangements for the process moving forward.

 

 

BACKGROUND

 

Previous Considerations

 

 

OMC 30 July 2015                          Item 12.1  

OMC 26 November 2015             Item 9.3.2

SMC 19 January 2016                             Item 6.2.2

 

The Broome Growth Plan is being prepared as part of the State government’s Regional Centres Development Planning (RCDP) initiative.  The RCDP initiative is led by the Regional Development Council, through the Department of Regional Development, and funded through Royalties for Regions funding.

 

The intention of the RCDP initiative is to strengthen the capability of regional centres to grow business, investment and jobs to support resilient and prosperous regional economies and communities.  Growth Plans developed as part of the initiative will provide for an evidence based selection of programs or infrastructure investment to achieve this outcome.

 

The intention of the RCDP initiative is to make Royalties for Regions funding more targeted, moving away from the traditional ad hoc funding of community facilities.

 

Nine regional centres have been chosen to develop Growth Plans in two rounds.  Broome, Greater Bunbury, Greater Geraldton and Kalgoorlie are in the first round and Albany, Busselton, Carnarvon, Kununurra and Mandurah are in the second round.

 

The Growth Plans prepared in the first round must be finalised and submitted to the Regional Development Council for its endorsement by 31 October 2016.

 

At the inaugural meeting of the Economic Development Advisory Committee held on 16 July 2015, the Committee resolved the following in regards to an update provided on the submission made by the Shire (in partnership with the Kimberley Development Commission (KDC)) to the State to be included as a participant in the RCDP:

 

committee Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                              Seconded: Mr G Fiorenza

That the Committee recommends Council note the Shire has been successful in its submission to be selected as a Regional Growth Centre.

CARRIED UNANIMOUSLY 11/0

 

Council subsequently endorsed this recommendation at the Ordinary Meeting of Council held on 30 July 2015.

 

At the Ordinary Meeting of Council held on 26 November 2015, Council considered a report providing an outline of what a Growth Centre is designed to be, how the process will work and the resources required.  Council endorsement was also sought to enter into a Memorandum of Understanding (MOU) with the State Government to prepare the Growth Centre plan.  Council resolved the following at this meeting:

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                              Seconded: Cr M Croft

That Council:

1.         Requests the Shire President write to the Premier thanking the government for selecting the Shire of Broome to be a Regional Growth Centre and funding associated with the preparation of the plan.

2.         Agrees to enter the Memorandum of Understanding with the State Government as Attached at Appendix 3 (with any minor amendments as determined by the Chief Executive Officer) and authorise the Shire President and Chief Executive Officer to engross the documentation. 

3.         Notes a detailed project plan will be prepared for the project and submitted to the State Government for approval by mid December and authorises the Shire President and Chief Executive Officer to submit this on behalf of the Shire. 

4.         Notes the establishment of a Growth Plan Partnership Group and appoints the Shire President and Chief Executive Officer (or his delegate) to represent the Shire on this group.

CARRIED UNANIMOUSLY 6/0

 

Essentially the Growth Centre Plan will be a plan which addresses the economic, social and infrastructure needs of Broome to grow into a vibrant regional centre over the coming years. 

 

The plan is designed to provide a link between the Kimberley Regional Blue Print (prepared by KDC) and Council’s Strategic Community Plan.  It is also designed to be used as a tool to plan for and provide access to significant funding from R4R into the future to facilitate the implementation of the plan.

 

The plan will prioritise major projects implementation in a timely manner to facilitate social or economic development of the Shire and broader region. 

 

The purpose of the tabled MOU was as follows:

 

·    Provide for an agreement for each party to partner in the development of a Growth Plan for the future economic and social development of Broome and its economic activity area.

·    Establish the terms to enable the resourcing to support the development of a Broome Growth Plan under the terms and conditions set by the Regional Centres Development Plan (RCDP), including allocation of RCDP funding in pursuit of the project plan approved by the RCDP Steering Committee.

 

The MOU doesn’t commit the Shire to any resources beyond in-kind resources and the funding to prepare the Growth Plan is to be provided by the State Government and administered by Landcorp who will also manage consultant procurement. 

 

The signatories to the MOU were proposed to be the Shire of Broome, KDC, Landcorp, Department of Regional Development and Department of Planning. 

 

As part of the Broome Growth Plan project, a Growth Plan Partnership (GPP) was established to provide strategic oversight of the project, in accordance with the MOU.  The members of the GPP are:

 

·     Shire of Broome - CEO and Shire President;

·     KDC - CEO and Board Member;

·     LandCorp – Business Manager North West;

·     Department of Planning – Principal Planning Officer – Kimberley;

·     Department of Regional Development - Executive Director Regional Investment; and

 

A Project Control Group (PCG) was also established in accordance with the MOU that is responsible for managing the operational delivery of the Broome Growth Plan.  The members of the PCG are:

 

·     Shire of Broome - Deputy CEO/Director Community and Economic Development;

·     LandCorp – Senior Development Manager;

·     KDC – Director, Regional Planning and Project Delivery; and

 

The Shire President and Chief Executive Officer subsequently engrossed the document (Attachment 1) and the GPP and PCG commenced holding meetings from November 2015.

 

At the 19 January 2016 Special Meeting of Council, the Final Project Plan that had been developed and submitted to the State Government by the Shire of Broome and for the Broome Regional Growth Centre Plan was considered and the following resolved:

 

Council Resolution:

(Report Recommendation)

Moved: Cr B Rudeforth                                            Seconded: Cr P Matsumoto

That Council:

1.       Notes the final Project Plan for the Broome Regional Growth Centre has been submitted and will now be considered by the State Government; and

2.       Notes the Growth Plan Partnership may make amendments to the project plan (if required) when feedback is received from the State Government prior to implementation.

CARRIED UNANIMOUSLY 7/0

 

At the GPP meeting held on 9 June 2016 (minutes form Attachment 2), Mr Jeff Gooding, Chief Executive Officer of the KDC, queried the potential role that Nyamba Buru Yawuru (NBY) could play in the Growth Plan process.  The GPP were advised by the Shire’s Chief Executive Officer that the Shire was trying to identify a way in which NBY could be involved and that legal advice had been sought to mitigate risk and propose a solution from a governance point of view, given there may on occasion be a conflict of interest. 

 

On 28 June 2016 the Shire of Broome were advised by KDC that the Chief Executive Officer of NBY, Mr Peter Yu had accepted an invitation from the GPP Chairman to sit on the GPP. 

 

At the GPP meeting held on 14 July 2016 (minutes form Attachment 3), NBY attended their first meeting and were officially welcomed to the GPP and were also noted to be joining the PCG.  The GPP also sought for NBY to be an additional signatory to the existing MOU.

 

Given the inclusion of NBY to the GPP and PCG are an alteration to the existing MOU, Council is requested to consider endorsing this amendment to the Governance structure and MOU. 

 

COMMENT

 

The amendment to the MOU is purported to be the just the addition of NBY as a signatory for the purposes of including them within the GPP and PCG.  Legal advice (Attachment 4) was received in relation to the proposed change to the governance structure and LandCorp have advised that the revised MOU signed by NBY has not been received.

 

In reviewing the MOU, the existing document outlines the agreed principles to be abided to by signatories and further stipulates the roles and responsibilities of each partner.  No further amendments have been proposed at this stage to the MOU to clarify the role of NBY in the partnership.

 

Further, the MOU specifies who the participating bodies are within the GPP and the membership of the PCG.  The document therefore requires update to clarify these matters with the intended and now current addition of NBY as a partner.

 

Finally, the MOU does state both the GPP and PCG are to establish their own terms of reference, of which neither have been completed at this time.  To formalise this for all participating partners it is recommended that the Terms of Reference for both the GPP and PCG to be finalised as a matter of priority, inclusive of addressing any matters relative to conflict of interest.

 

In addition, the governance and authority for Council appointed members to contribute through the GPP and PCG requires formalisation.  As an example, although Council at it’s meeting of 26 November 2016 has appointed both the Shire President and Chief Executive Officer (or his delegate) to the GPP, there is currently no formal delegation for these members to vote or make decisions on behalf of Council.  It has always been the intent from the outset of the process to have Council endorse the final Broome Growth Plan, however the GPP and PCG for that matter are contributing and making decisions that are informing the formulation of this document under significantly tight timeframes.

 

It is therefore the recommendation of this report to request the Chief Executive Officer to ensure all minutes from future GPP meetings are presented through the Economic Development Advisory Committee for recommendation to Council of endorsement or otherwise. Shire appointed members to both the GPP and PCG are anticipated to continue provide input into draft documentations in alignment with Council’s existing policies and strategic documents.

 

CONSULTATION

 

Herbert Smith Freehills

LandCorp

 

STATUTORY ENVIRONMENT

 

The overarching legislation that governs the operation of the Shire of Broome is the Local Government Act 1995.  The Shire’s role and input into the growth planning process has to be consistent with its roles and responsibilities as established by that Act.  Local government in Western Australia is established in accordance with the Constitution Act 1889.

 

Local Government Act 1995

Section 3.1.        General function

      (1)     The general function of a local government is to provide for the good government of persons in its district.

      (2)     The scope of the general function of a local government is to be construed in the context of its other functions under this Act or any other written law and any constraints imposed by this Act or any other written law on the performance of its functions.

      (3)     A liberal approach is to be taken to the construction of the scope of the general function of a local government.

 

Section 3.18.      Performing executive functions

      (1)     A local government is to administer its local laws and may do all other things that are necessary or convenient to be done for, or in connection with, performing its functions under this Act.

      (2)     In performing its executive functions, a local government may provide services and facilities.

      (3)     A local government is to satisfy itself that services and facilities that it provides — 

                 (a)     integrate and coordinate, so far as practicable, with any provided by the Commonwealth, the State or any public body; and

                 (b)     do not duplicate, to an extent that the local government considers inappropriate, services or facilities provided by the Commonwealth, the State or any other body or person, whether public or private; and

                 (c)     are managed efficiently and effectively.

 

 

Constitution Act 1889

 

52.     Elected local governing bodies

      (1)     The Legislature shall maintain a system of local governing bodies elected and constituted in such manner as the Legislature may from time to time provide.

      (2)     Each elected local governing body shall have such powers as the Legislature may from time to time provide being such powers as the Legislature considers necessary for the better government of the area in respect of which the body is constituted.

 

 

Separate legislation governs the activities of other members of the GPP.  The Regional Development Commissions Act 1993 governs the activities of the KDC and the Western Australian Land Authority Act 1992 governs the activities of LandCorp.

 

Regional Development Commissions Act 1993

 

Section 23.         Objects and functions of a commission

      (1)     The objects of a commission are to — 

                 (a)     maximize job creation and improve career opportunities in the region;

                 (b)     develop and broaden the economic base of the region;

                 (c)     identify infrastructure services to promote economic and social development within the region;

                 (d)     provide information and advice to promote business development within the region;

                 (e)     seek to ensure that the general standard of government services and access to those services in the region is comparable to that which applies in the metropolitan area; and

                   (f)     generally take steps to encourage, promote, facilitate and monitor the economic development in the region.

      (2)     For the purposes of achieving those objects a commission is to —

                 (a)     promote the region;

                 (b)     facilitate coordination between relevant statutory bodies and State government agencies;

                 (c)     cooperate with representatives of industry and commerce, employer and employee organizations, education and training institutions and other sections of the community within the region;

                 (d)     identify the opportunities for investment in the region and encourage that investment;

                 (e)     identify the infrastructure needs of the region, and encourage the provision of that infrastructure in the region; and

                   (f)     cooperate with — 

                               (i)     departments of the Public Service of the State and the Commonwealth, and other agencies, instrumentalities and statutory bodies of the State and the Commonwealth; and

                              (ii)     local governments,

                           in order to promote equitable delivery of services within the region.

 

 

Western Australian Land Authority Act 1992

 

Section 16.         Functions

      (1)     The Authority has the following functions —

                 (a)     to be an agency which provides, or promotes the provision of, land for the social and economic needs of the State;

                 (b)     to be an agency through which the Crown and public authorities may dispose of land;

                 (c)     to be an agency through which local governments and regional local governments may dispose of land in accordance with the Local Government Act 1995;

                 (d)     to complete the development of the Joondalup Centre, in accordance with the plan referred to in section 18, on the land described in Schedule 2;

                 (e)     to identify other potential centres of population, and centres of population in need of urban renewal, and use its powers to bring about the provision, or improvement, of land, infrastructure, facilities or services for the same.

   (1a)     It is also a function of the Authority —

                 (a)     to do things that the board determines to be conducive or incidental to the performance of a function referred to in subsection (1); and

                 (b)     to do things that it is authorised to do by any other written law.

      (2)     In subsection (1) —

               Joondalup Centre means the project for the provision of infrastructure and facilities for a centre of population (including infrastructure and facilities for community, cultural, recreational and sporting purposes) that before the commencement of this section was being carried on by the Joondalup Development Corporation under the Act repealed by section 50(1)(c).

      (3)     The Authority may perform any of its functions in the State or, with the Minister’s approval, elsewhere.

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

The table below outlines start up costs and ongoing costs involved in the Broome Growth Plan project.

 

Funding Source: Regional Growth Centre Plan Grant with State Government

Funding Type

Capital  or Start Up Expense

Funding Details

Account Number

Grant

$1,296,000

 

Grant allocated to the Regional Growth Centre Planning Project to complete the plan.

Funding will be provided to Landcorp to procure and manage consultants required for this project. 

Reserve

Nil

 

 

Budget

Nil

 

 

 

 

 

 

TOTAL

$1,296,000

 

 

*Cost Type – Service:         Start up and Operating costs to complete the Growth Centre Plan by October 2016 as per the grant arrangement with State Government

                    

The Shire is only required to commit in-kind resources to the development of the Growth Plan at this point in time. 

 

RISK

 

There is a risk that the outcomes of the growth planning project may commit the Shire to a course of action or investment in projects and initiatives that may impact on the Shire’s ability to resource other policy initiatives and its core operations.  The risk of this occurring is considered ‘High’.  To mitigate this risk, significant resources are being dedicated by Shire Officers in reviewing the inputs to the Broome Growth Plan.  In addition, the key inputs to the Growth Plan are being workshopped with Council and are subject to EDAC and Council’s endorsement to ensure that Council is satisfied that the direction of the Growth Plan is consistent with the Council’s strategic direction.

 

A significant amount of work and resources have been dedicated, utilising Royalties for Regions funding, to develop these key inputs to the Growth Plan.  Should Council decide that it wants to alter these key inputs significantly, this may impact on the ability for the Broome Growth Plan to be finalised by the 31 October 2016 deadline.  This may impact on the reputation of the Shire with the State government and other stakeholders.  The risk of this occurring should Council seek to alter the key inputs significantly is considered ‘High’. 

 

STRATEGIC IMPLICATIONS  

 

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

 

Effective communication

 

Affordable services and initiatives to satisfy community need

 

Accessible and safe community spaces

 

Participation in recreational and leisure activity

 

A healthy and safe environment

 

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

 

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

 

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

 

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

 

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

 

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

 

 

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

 

Affordable and equitable services and infrastructure

 

Affordable land for residential, industrial, commercial and community use

 

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

 

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

 

Sustainable and integrated strategic and operational plans

 

Responsible resource allocation

 

Effective community engagement

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Acknowledges and endorses the invitation that the Growth Plan Partnership (GPP) has extended to Nyamba Buru Yawuru (NBY) to be included as an additional partner to the Growth Plan Partnership Memorandum of Understanding (MOU) in relation to the Broome Growth Plan.

2.       Requests the Chief Executive Officer to seek the GPP to provide a revised MOU in relation to the Broome Growth Plan for Council’s consideration and endorsement, which clearly articulates the roles and responsibilities of all partners and updates the membership of the both the GPP and Project Control Group (PCG) to include NBY.

3.       Requests the Chief Executive Officer to seek the GPP to provide a Terms of Reference for the GPP and PCG in accordance with the existing MOU as a matter of priority, having consideration for any possible conflict of interest that may arise from any partner’s involvement.

4.       Requests the Chief Executive Officer to present all future minutes from GPP meetings through the Economic Development Advisory Committee for recommendation to Council of endorsement or otherwise of items raised in the minutes, in accordance with the GPP Project Plan noted by Council at the Ordinary meeting of Council held 19 January 2016.

5.       Notes that Shire Officers, and in particular the Chief Executive Officer, Deputy Chief Executive Officer and Director Development Services, will continue to provide input and advice in relation to the Broome Growth Plan, in accordance with Council resolutions, Council policy and Council adopted strategic planning documents.

 

 

Attachments

1.

Signed MOU - Broome Growth Plan

2.

Minutes of GPP held 9 June 2016

3.

Minutes of GPP held 14 July 2016

4.

Legal Advice (Confidential to Councillors and Directors Only)

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

  


Item 9.3.1 - Proposed Amendment to Broome Growth Plan Partnership

 

 

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9.4

Our Organisation

 

IMG_1865

 

PRIORITY STATEMENT

 

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

 

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

 

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

 

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


Agenda – Ordinary Meeting of Council 25 August 2016                                                                             Page 436 of 437

 

9.4.1      MONTHLY PAYMENT LISTING - JULY 2016

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           FRE02

AUTHOR:                                                   Finance Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director Corporate Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    14 July 2016

 

This report recommends that Council adopts the list of payments made under delegated authority, as per the attachment to this report for the month of July 2016.

 

BACKGROUND

 

Previous Considerations

 

Nil

 

COMMENT

 

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

 

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

 

Attached is a list of all payments processed under delegated authority during the month of July 2016.

 

CONSULTATION

 

Nil

 

STATUTORY ENVIRONMENT

 

Local Government (Financial Management) Regulations 1996

13.     Lists of accounts

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

(a)        the payee’s name;

(b)        the amount of the payment;

(c)        the date of the payment; and

(d)        sufficient information to identify the transaction.

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

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

(b)        recorded in the minutes of that meeting.

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

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

 

RISK

 

The risk of Council not adopting this report is extreme as this will result in non-compliance with Regulation 13 of the Local Government (Financial Management) Regulations 1996. The likelihood of this ever occurring is rare due to the CEO’s implementation of procedures to ensure payment details are disclosed to Council in a timely manner, as well as Procurement & Purchasing policies which ensure these payments are made in accordance with budget and delegated authority and comply with Local Government (Financial Management) Regulations 1996.

 

STRATEGIC IMPLICATIONS 

 

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

 

An organisational culture that strives for service excellence

 

Responsible resource allocation

 

Effective community engagement

 

Improved systems, processes and compliance

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council records the accounts as paid under delegated authority for July 2016, totalling $4,730,000.77 as attached, covering:

 

·    EFT Vouchers 36377 – 36752 totalling $4,555,823.23;

·    Municipal Cheque Vouchers 57411– 57417 totalling $911.27;

·    Trust Cheque Vouchers 3416 totalling $5,478.44 and;

·    Municipal Direct Debits DD20602.1– DD20865.1totalling $167,787.83.

 

 

Attachments

1.

Payment Listing July 2016

  


Item 9.4.1 - MONTHLY PAYMENT LISTING - JULY 2016

 

 

 

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 - JULY  2016

 

MUNICIPAL ELECTRONIC TRANSFER - JULY  2016

 

EFT

Date

Name

Description

Amount

Del Auth

EFT36377

04/07/2016

HAYS SPECIALIST RECRUITMENT (AUSTRALIA) PTY LTD

Labour hire- Relieve Shire staff

$19,974.41

MFS

EFT36378

04/07/2016

JULIE THOMAS

Town rubbish bag collection.  Week ending 27.06.16

$42.50

MFS

EFT36379

05/07/2016

HAVLINS AMUSEMENTS

Refund bond Male Oval- Community Services

$1,000.00

MFS

EFT36380

05/07/2016

LAUREN HUBBARD

Refund bond event- Community Services

$525.00

MFS

EFT36381

05/07/2016

SIOBHAN RYAN

Refund bond event- Civic Centre

$1,000.00

MFS

EFT36382

05/07/2016

ROADLINE CIVIL CONTRACTORS

Contractor road works (Contract 14/13, RFT 15/01 )-  Lorikeet Drive Extension & Frederick Street Drain

$73,143.87

MFS

EFT36383

07/07/2016

SALARY & WAGES

Payroll S & W

$650.00

MFS

EFT36384

07/07/2016

SALARY & WAGES

Payroll S & W

$488.45

MFS

EFT36385

07/07/2016

AUSTRALIAN TAXATION OFFICE

PAYG

$157,531.19

MFS

EFT36386

07/07/2016

SALARY & WAGES

Payroll S & W

$750.00

MFS

EFT36387

07/07/2016

SALARY & WAGES

Payroll S & W

$600.00

MFS

EFT36388

07/07/2016

SALARY & WAGES

Payroll S & W

$370.77

MFS

EFT36389

07/07/2016

SALARY & WAGES

Payroll S & W

$373.90

MFS

EFT36390

07/07/2016

SALARY & WAGES

Payroll S & W

$741.25

MFS

EFT36391

07/07/2016

SALARY & WAGES

Payroll S & W

$420.00

MFS

EFT36392

07/07/2016

SALARY & WAGES

Payroll S & W

$552.16

MFS

EFT36393

07/07/2016

SALARY & WAGES

Payroll S & W

$410.00

MFS

EFT36394

07/07/2016

SALARY & WAGES

Payroll S & W

$450.00

MFS

EFT36395

07/07/2016

SALARY & WAGES

Payroll S & W

$330.00

MFS

EFT36396

07/07/2016

SALARY & WAGES

Payroll S & W

$1,608.61

MFS

EFT36397

07/07/2016

SALARY & WAGES

Payroll S & W

$250.00

MFS

EFT36398

07/07/2016

SALARY & WAGES

Payroll S & W

$430.11

MFS

EFT36399

07/07/2016

SALARY & WAGES

Payroll S & W

$340.00

MFS

EFT36400

07/07/2016

SALARY & WAGES

Payroll S & W

$800.00

MFS

EFT36401

07/07/2016

SALARY & WAGES

Payroll S & W

$201.10

MFS

EFT36402

07/07/2016

SALARY & WAGES

Payroll S & W

$88.17

MFS

EFT36403

07/07/2016

SALARY & WAGES

Payroll S & W

$300.00

MFS

EFT36404

07/07/2016

SALARY & WAGES

Payroll S & W

$457.57

MFS

EFT36405

07/07/2016

SALARY & WAGES

Payroll S & W

$1,150.00

MFS

EFT36406

07/07/2016

SALARY & WAGES

Payroll S & W

$353.22

MFS

EFT36407

07/07/2016

SALARY & WAGES

Payroll S & W

$1,028.09

MFS

EFT36408

07/07/2016

AUSTRALIAN SERVICES UNION - WA BRANCH

Payroll deductions

$1,103.50

MFS

EFT36409

07/07/2016

BROOME SHIRE INSIDE STAFF SOCIAL CLUB

Payroll deductions

$820.00

MFS

EFT36410

07/07/2016

BROOME SHIRE OUTDOOR STAFF SOCIAL CLUB

Payroll deductions

$680.00

MFS

EFT36411

07/07/2016

CHILD SUPPORT AGENCY

Payroll deductions

$1,122.98

MFS

EFT36412

07/07/2016

LGRCEU

Payroll deductions

$19.40

MFS

EFT36413

07/07/2016

BROOME COMMONWEALTH TRADING BANK

Salary and wages pay period ending: 05.07.16

$375,116.00

MFS

EFT36414

08/07/2016

THERMAL WALLS & WINDOWS PTY LTD

Refund due to BCITF charged on value under $20,000 

$54.00

MFS

EFT36415

10/07/2016

IGA - SEAVIEW (BROOME INVESTMENT GROUP PTY LTD T/AS)

Daily & weekly newspapers- Library & Media

$67.70

MFS

EFT36416

11/07/2016

WATER CORPORATION

Water charges- Various Shire sites

$25,079.35

MFS

EFT36417

11/07/2016

AIR LIQUIDE

Rental cylinders- Depot & BRAC

$98.75

MFS

EFT36418

11/07/2016

ATI-MIRAGE

Organisational training- HR

$9,977.00

MFS

EFT36419

11/07/2016

AUSTRALIA POST

Postage Charges.  Period ending 30.06.16

$1,689.65

MFS

EFT36420

11/07/2016

BROOME FIRST NATIONAL REAL ESTATE

Staff rent

$106.10

MFS

EFT36421

11/07/2016

BROOME PLUMBING & GAS

Repair backflow valve & other plumbing work- Various Shire sites

$3,306.00

MFS

EFT36422

11/07/2016

BROOME PRESSURE CLEANING

Repairs & maintenance- Skate Park

$550.00

MFS

EFT36423

11/07/2016

BROOME PROGRESSIVE SUPPLIES

Consumables & cleaning products for Kiosk- BRAC

$475.97

MFS

EFT36424

11/07/2016

BROOME SURF LIFE SAVING CLUB INC

Venue hire & roller door service- BRAC to beach fun run & Lifeguard storage

$377.00

MFS

EFT36425

11/07/2016

BROOME VETERINARY HOSPITAL

Pound, euthanasia & boarding fees- June 2016

$5,776.02

MFS

EFT36426

11/07/2016

BROOMECRETE

Concrete & other materials- Various Shire sites

$8,344.49

MFS

EFT36427

11/07/2016

BUDGET CAR & TRUCK RENTAL

SLWA travel expenses- Library

$427.43

MFS

EFT36428

11/07/2016

CABLE BEACH TYRE SERVICE PTY LTD T/AS BRIDGESTONE BROOME

Tyre vehicle- Workshop

$808.00

MFS

EFT36429

11/07/2016

CASTROL AUSTRALIA PTY LTD

Oils & lubricants- Depot

$122.47

MFS

EFT36430

11/07/2016

COUNTRY ARTS WA INC

Membership fees- Civic Centre

$40.00

MFS

EFT36431

11/07/2016

DORMA  AUTOMATICS PTY LTD

Door maintenance- Admin & Library 

$352.00

MFS

EFT36432

11/07/2016

EJAN COMMUNICATIONS

Vehicle repair- Workshop

$712.80

MFS

EFT36433

11/07/2016

ELWOOD GRAY

Musical performance fees- National Youth Week Launch

$300.00

MFS

EFT36434

11/07/2016

HAYS SPECIALIST RECRUITMENT (AUSTRALIA) PTY LTD

Placement fee Manager of Infrastructure & labour hire- Infrastructure

$26,752.88

MFS

EFT36435

11/07/2016

HEAD OFFICE LANDGATE

Aerial photography & title searches- Infrastructure

$2,816.15

MFS

EFT36436

11/07/2016

HORIZON POWER (ELECTRICITY USAGE)

Electricity charges- Various Shire sites

$39,075.94

MFS

EFT36437

11/07/2016

HUSKY DATA PTY LTD

Equipment maintenance- IT

$374.00

MFS

EFT36438

11/07/2016

IBIS STYLES PORT HEDLAND

Accommodation pound inspections- Health

$239.00

MFS

EFT36439

11/07/2016

IT VISION

Customer service training & set up- Customer Service

$13,605.88

MFS

EFT36440

11/07/2016

JAMES ANDREW WATT

Reimbursement of travel expenses- HR

$1,025.00

MFS

EFT36441

11/07/2016

JULIE THOMAS

Town rubbish bag collection

$70.00

MFS

EFT36442

11/07/2016

KENNETH RAYMOND DONOHOE

Reimbursement of travel expenses to Darwin- Governance

$186.91

MFS

EFT36443

11/07/2016

KIMBERLEY BUSHTUCKER LIQUEURS

Gift sets- Dignitary meetings & Shire receptions

$638.00

MFS

EFT36444

11/07/2016

KIMBERLEY SECURITY SHREDDING

Shredding- Records

$297.00

MFS

EFT36445

11/07/2016

MARKETFORCE

Recruitment & advertising expenses (RFT 16/09, 16/18)- Ranger Services, Governance, HR, BRAC

$2,693.46

MFS

EFT36446

11/07/2016

MCCORRY BROWN EARTHMOVING PTY LTD

Refuse site earthworks & equipment hire (RFQ 14/07, RFT 14-16)- Waste Management Facility & Infrastructure

$41,789.96

MFS

EFT36447

11/07/2016

MJB INDUSTRIES

Drainage- Conti foreshore

$151,206.00

MFS

EFT36448

11/07/2016

NYAMBA BURU YAWURU LTD

Cultural monitoring & other matters- Various projects & property use

$34,773.59

MFS

EFT36449

11/07/2016

OFFICE NATIONAL BROOME

Supplies for workshop- Community Services

$118.56

MFS

EFT36450

11/07/2016

ONE DEGREE ADVISORY PTY LTD

Consultancy fees- HR

$6,595.72

MFS

EFT36451

11/07/2016

PINDAN LABOUR SOLUTIONS PTY LTD (A DIVISION OF DFP RECRUITMENT)

Labour hire- Various Shire positions

$6,497.48

MFS

EFT36452

11/07/2016

ROEBUCK TREE SERVICE

Remove trees arboriculture- Sector 2 Cable Beach

$1,595.00

MFS

EFT36453

11/07/2016

ROEBUCK WELDING SERVICES

Handrail repair- Stairs Cable Beach

$1,189.10

MFS

EFT36454

11/07/2016

ROYAL LIFE SAVING SOCIETY - WA

License expenses- BRAC

$660.00

MFS

EFT36455

11/07/2016

SALVATORE CONSTANTINO MASTROLEMBO

Reimbursement of study expenses- Corporate Services

$3,076.41

MFS

EFT36456

11/07/2016

SPARE PARTS PUPPET THEATRE

Performance production expenses- Civic Centre

$123.88

MFS

EFT36457

11/07/2016

T - QUIP

Vehicle parts & repair- Stores

$1,118.20

MFS

EFT36458

11/07/2016

TELSTRA

Phone charges- Various Shire phones

$7,305.59

MFS

EFT36459

11/07/2016

TNT AUSTRALIA PTY LTD T/AS TNT EXPRESS

Freight- Depot, Health & Workshop

$476.43

MFS

EFT36460

11/07/2016

SUPERANNUATION

Superannuation contributions

$554.66

MFS

EFT36461

12/07/2016

GARY NOEL BURTON

Refund planning application 2014/154- Development Services

$73.50

MFS

EFT36462

12/07/2016

PATRICK MICHAEL SHADFORTH

Refund planning application 2014/40- Development Services

$73.50

MFS

EFT36463

14/07/2016

12 MILE SHADE & CANVAS

Shade sail instalment- Town Beach Playground Softfall

$748.00

MFS

EFT36464

14/07/2016

AARLI BAR

Catering for OMC 30.06.16- Governance

$364.00

MFS

EFT36465

14/07/2016

ACOR CONSULTANTS (CC) PTY LTD

Structural report- Catalina's Boat Ramp

$3,575.00

MFS

EFT36466

14/07/2016

ADVANCE EXCAVATIONS

Watering- Hamersley & Haas Streets

$1,925.00

MFS

EFT36467

14/07/2016

AMO CONTRACTING

Footpath maintenance (RFT 13-08)- Various Shire sites

$47,755.40

MFS

EFT36468

14/07/2016

ANSTAT PTY LTD

Subscription renewal- Health

$437.71

MFS

EFT36469

14/07/2016

ARTSOURCE - THE ARTISTS FOUNDATION OF WA

Travel, accommodation & other expenses- Public Art Masterplan

$15,400.00

MFS

EFT36470

14/07/2016

BENARA NURSERIES

Plants- Hamersley &  Haas Streets

$648.00

MFS

EFT36471

14/07/2016

BEST KIMBERLEY COMPUTING

Copier costs- IT

$935.96

MFS

EFT36472

14/07/2016

BIDYADANGA ABORIGINAL COMMUNITY - LA GRANGE INC

Grading work- Broome /Cape Leveque Rd

$5,500.00

MFS

EFT36473

14/07/2016

BJ DAVIES PLUMBING

Earthworks- Cemetery

$400.00

MFS

EFT36474

14/07/2016

BOC LIMITED

Gas cylinders- BRAC & Workshop

$101.49

MFS

EFT36475

14/07/2016

BP AUSTRALIA PTY LTD - FUEL

Fuel- Depot

$15,833.71

MFS

EFT36476

14/07/2016

BP BROOME CENTRAL & TYREPLUS BROOME

Fuel- Depot

$287.35

MFS

EFT36477

14/07/2016

BROOM TIME CLEANING

Cleaning services (RFQ 12-09)- Various Shire sites

$9,568.00

MFS

EFT36478

14/07/2016

BROOME ALI WORKS

Grab rail maintenance- Sector 2 Cable Beach

$3,476.00

MFS

EFT36479

14/07/2016

BROOME BETTA HOME LIVING

Audio equipment- Civic Centre

$50.00

MFS

EFT36480

14/07/2016

BROOME BRICKLAYERS

Maintenance- Civic Centre & KRO1/2

$2,420.34

MFS

EFT36481

14/07/2016

BROOME FURNISHINGS

Furniture- Depot

$3,789.00

MFS

EFT36482

14/07/2016

BROOME JUNIOR CRICKET CLUB

Community sponsorship- Community Development

$1,000.00

MFS

EFT36483

14/07/2016

BROOME POWDERCOATING

Park maintenance- Bedford Park

$176.00

MFS

EFT36484

14/07/2016

BROOME SCOOTERS PTY LTD (KIMBERLEY MOWERS & SPARES)

Equipment maintenance- P&G

$275.00

MFS

EFT36485

14/07/2016

BROOME TRAVEL CENTRE

Travel expenses for event site inspection- Development Services

$2,862.10

MFS

EFT36486

14/07/2016

CABLE BEACH ELECTRICAL SERVICE

Floodlight maintenance- Male Oval

$506.00

MFS

EFT36487

14/07/2016

CBCA WA BRANCH (INC)   CHILDRENS BOOK COUNCIL OF AUSTRALIA

Promotional merchandise- Library

$102.50

MFS

EFT36488

14/07/2016

CLARITY COMMUNICATIONS

Promotions expenses- Media

$55.00

MFS

EFT36489

14/07/2016

COMMUNITY DEVELOPMENT SERVICES AUSTRALIA

Consultancy fee- Development Services

$1,875.00

MFS

EFT36490

14/07/2016

DANIELLE DWYER

Reimbursement of expenses- HR

$181.26

MFS

EFT36491

14/07/2016

DARWIN PLANT WHOLESALERS

Planting- Hamersley & Haas St

$3,197.90

MFS

EFT36492

14/07/2016

DOMUS NURSERY

Planting- Hamersley &  Haas St

$644.22

MFS

EFT36493

14/07/2016

EDUCATIONAL EXPERIENCE

Holiday program expenses- BRAC

$103.95

MFS

EFT36494

14/07/2016

ELLYN HARTVIGSEN (SUBLIME GRAPHIC DESIGN)

Graphic design rates brochure- Rates

$135.00

MFS

EFT36495

14/07/2016

EVENTPRO SOFTWARE

Event manager software purchased (RFQ 16-32)- IT

$24,585.00

MFS

EFT36496

14/07/2016

FIRE & SAFETY SERVICES

Building maintenance- Various Shire sites

$3,677.04

MFS

EFT36497

14/07/2016

GARDEN CITY PLASTICS

Operating expenses- Nursery

$1,386.50

MFS

EFT36498

14/07/2016

GEODETIC SUPPLY & REPAIR PTY LTD

Consumables- Infrastructure

$1,556.00

MFS

EFT36499

14/07/2016

GHD PTY LTD

Road safety audit (RFQ 16-41)- Infrastructure

$12,864.50

MFS

EFT36500

14/07/2016

GOOD EARTH GARDEN PRODUCTS PTY LTD

Gardening expenses- Various sites

$7,161.00

MFS

EFT36501

14/07/2016

GREENHILLS TURF FARM

Verge maintenance- Hamersley & Haas St

$1,500.00

MFS

EFT36502

14/07/2016

HERBERT SMITH FREEHILLS

Legal expenses- Dampier Peninsula Cluster Claims, Chinatown Revitalisation Project, Management of public land, Yawuru protected area & Rates matters

$54,968.35

MFS

EFT36503

14/07/2016

HYMARK TRADING PTY LTD

Safety equipment- Depot

$1,191.74

MFS

EFT36504

14/07/2016

JEREMY JAMES HALL

Reimbursement of travel expenses- Waste Management Facility

$25.50

MFS

EFT36505

14/07/2016

JOSHUA BOUWMAN

Painting & oiling- Bedford Park

$1,840.00

MFS

EFT36506

14/07/2016

KIMBERLEY CLEANING & MAINTENANCE SERVICES PTY LTD

Carpet cleaning- Administration Building & Library

$3,575.00

MFS

EFT36507

14/07/2016

KIMBERLEY DISTRIBUTORS

Stock kiosk- BRAC

$654.33

MFS

EFT36508

14/07/2016

KIMBERLEY GROUP TRAINING (KGT)

Apprentice wages- Depot

$1,170.77

MFS

EFT36509

14/07/2016

KIMBERLEY JETKLEEN

Pressure cleaning services-  Medland Pavilion

$891.00

MFS

EFT36510

14/07/2016

KIMBERLEY LINEMARKING

Line marking- Hamersley & Hass St, Weld & Barker St, Blackman & Port Dr

$11,683.10

MFS

EFT36511

14/07/2016

KIMBERLEY MANUFACTURING PTY LTD

Operating expenses- Nursery

$731.50

MFS

EFT36512

14/07/2016

KIMBERLEY TRUSS (NORTRUSS (NT) PTY LTD)

Plant parts & repairs- Depot

$49.21

MFS

EFT36513

14/07/2016

KIMBERLEY WASHROOM SERVICES

Cleaning expenses- Various Shire sites

$740.00

MFS

EFT36514

14/07/2016

LGIS WA

LGIS insurance renewal 16/17- Governance

$91,889.53

MFS

EFT36515

14/07/2016

LGIS WA

Insurance funded expenses & expenses- Corporate Services

$13,395.78

MFS

EFT36516

14/07/2016

MAMABULANJIN ABORIGINAL CORPORATION

Community sponsorship- Community Development

$22,000.00

MFS

EFT36517

14/07/2016

MARKET CREATIONS

Media kit template design costs- Events

$704.00

MFS

EFT36518

14/07/2016

MCCORRY BROWN EARTHMOVING PTY LTD

Earthworks & equipment hire (RFT 14-16)- Infrastructure & Waste Management Facility 

$23,708.11

MFS

EFT36519

14/07/2016

MCLEODS BARRISTERS & SOLICITORS

Legal expenses (To be recouped)- Planning Services

$5,760.37

MFS

EFT36520

14/07/2016

MIDALIA STEEL PTY LTD

Operating expenses- Nursery & Town Beach Water Park

$2,376.86

MFS

EFT36521

14/07/2016

NDY MANAGEMENT PTY LTD

Plant & equipment renewal (RFQ 15-55)- BRAC

$3,665.20

MFS

EFT36522

14/07/2016

NEVERFAIL SPRINGWATER LIMITED

Drinking water- Depot

$45.95

MFS

EFT36523

14/07/2016

NORTH WEST COAST SECURITY

Security expenses (RFQ 15-20)- Various Shire sites

$14,337.82

MFS

EFT36524

14/07/2016

NORTH WEST LOCKSMITHS

Key cut- BRAC

$55.00

MFS

EFT36525

14/07/2016

NORTHWEST HYDRO SOLUTIONS (PATRICK ANNESLEY)

Pump maintenance & reticulation materials- Various Shire sites

$1,009.85

MFS

EFT36526

14/07/2016

NS PROJECTS PTY LTD

Design development phase (RFT15/04)- BRAC Aquatic Upgrade

$5,957.60

MFS

EFT36527

14/07/2016

COAST & COUNTRY ELECTRICS

Electrical works (RFQ 15-52)- Various Shire sites

$33,368.90

MFS

EFT36528

14/07/2016

PILA GROUP PTY LTD

Sporting infrastructure- Haynes Oval

$3,316.50

MFS

EFT36529

14/07/2016

PINDAN LABOUR SOLUTIONS PTY LTD (A DIVISION OF DFP RECRUITMENT)

Labour hire- Various Shire positions

$2,548.36

MFS

EFT36530

14/07/2016

PRINTING IDEAS

Advertising & promotion- Rangers

$961.45

MFS

EFT36531

14/07/2016

REDWAVE MEDIA PTY LTD

Council newsletter & community Information expenses- Media

$1,463.00

MFS

EFT36532

14/07/2016

REEN AUTO ELECTRICS

Equipment & hardware- IT

$6,891.00

MFS

EFT36533

14/07/2016

REPCO (EXEGO PTY LTD)

Vehicle equipment- Workshop

$79.26

MFS

EFT36534

14/07/2016

ROSMECH SALES & SERVICE PTY LTD

Vehicle repairs- Workshop

$1,414.54

MFS

EFT36535

14/07/2016

SECUREX SECURITY PTY LTD

Property Maintenance - Barker Street

$237.00

MFS

EFT36536

14/07/2016

ST JOHN AMBULANCE AUSTRALIA - BROOME

First aid equipment- Lifeguards

$39.50

MFS

EFT36537

14/07/2016

ST MARYS COLLEGE - SECONDARY

Community sponsorship- Community Development

$5,500.00

MFS

EFT36538

14/07/2016

SUNNY SIGN COMPANY PTY LTD

Traffic management- Works

$121.00

MFS

EFT36539

14/07/2016

TELSTRA

Internet fees- Waste Management Facility

$59.95

MFS

EFT36540

14/07/2016

TERRITORY RURAL BROOME

Weed & herbicide spraying- P&G

$1,063.26

MFS

EFT36541

14/07/2016

THE CANCER COUNCIL WA

Community sponsorship- Community Development

$3,300.00

MFS

EFT36542

14/07/2016

THE MANGROVE RESORT HOTEL (GARRETT HOSPITALITY PTY LTD)

Accommodation for trainer- HR

$212.00

MFS

EFT36543

14/07/2016

TNT AUSTRALIA PTY LTD T/AS TNT EXPRESS

Freight- Health

$58.10

MFS

EFT36544

14/07/2016

TOLL IPEC PTY LTD

Freight charges- Civic Centre & Workshop

$109.78

MFS

EFT36545

14/07/2016

TOTAL SAFETY & FIRE SOLUTIONS (NORTH WEST FIRE PROTECTION)

Safety equipment- Depot

$64.35

MFS

EFT36546

14/07/2016

TOTALLY WORKWEAR

Staff uniform

$184.00

MFS

EFT36547

14/07/2016

TRADELINK PLUMBING SUPPLIES

Equipment maintenance- BRAC

$128.16

MFS

EFT36548

14/07/2016

ULTRAHAWKE PTY LTD

Tip improvements (RFT 16/04)- Waste Management Facility

$44,614.35

MFS

EFT36549

14/07/2016

VANDERFIELD PTY LTD

Vehicle & plant renewal (RFQ 16-02)- Workshop

$99,198.00

MFS

EFT36550

14/07/2016

WARREN THOMAS FRYER

Refund of planning application- Development Services

$147.00

MFS

EFT36551

14/07/2016

WILD MANGO CAFE

Catering Cluster Muster & Councillors workshop- Civic Centre & Governance

$782.50

MFS

EFT36552

14/07/2016

WOOLWORTHS LIMITED (96000235)

Catering for CEO 15- Governance

$143.99

MFS

EFT36553

15/07/2016

BROOME SHIRE COUNCIL

BRB COMMISSION JUNE 2016

$461.25

MFS

EFT36554

15/07/2016

DEPARTMENT OF COMMERCE - BUILDING COMMISSION - INC BCITF

BRB LEVY JUNE 2016

$7,535.14

MFS

EFT36555

15/07/2016

JANICE MARIA TAMWOY

Refund of bond event- Civic Centre

$1,000.00

MFS

EFT36556

18/07/2016

BRUCE RUDEFORTH

Councillor sitting fee- Jul/Sep 16

$5,200.00

MFS

EFT36557

18/07/2016

CHRISTOPHER RALPH MITCHELL

Councillor sitting fee- Jul/Sep 16

$5,200.00

MFS

EFT36558

18/07/2016

DESIREE MALE

Councillor sitting fee- Jul/Sep 16

$5,200.00

MFS

EFT36559

18/07/2016

ELSTA REGINA FOY

Councillor sitting fee- Jul/Sep 16

$5,200.00

MFS

EFT36560

18/07/2016

HALE FAMILY TRUST (HALE GROUP INTERNATIONAL P/L)

Performance production fees- Civic Centre

$1,000.00

MFS

EFT36561

18/07/2016

HAROLD NORMAN TRACEY

Deputy President sitting fee- Jul/Sep 16

$8,140.25

MFS

EFT36562

18/07/2016

MALA PREM-OCEAN SKY FAIRBORN

Councillor sitting fee- Jul/Sep 16

$5,200.00

MFS

EFT36563

18/07/2016

PHILIP FRANCIS MATSUMOTO

Councillor sitting fee- Jul/Sep 16

$5,200.00

MFS

EFT36564

18/07/2016

RONALD JAMES JOHNSTON

Shire President sitting fee-  Jul/Sep 16

$18,431.25

MFS

EFT36565

18/07/2016

VENDPRO VENDING SERVICES

Minor assets purchased related to the break-in- Depot

$687.50

MFS

EFT36566

18/07/2016

WARREN FRYER - COUNCILLOR SITTING FEES

Councillor sitting fee- Jul/Sep 16

$5,200.00

MFS

EFT36567

21/07/2016

JULIE THOMAS

Town rubbish bag collection

$137.50

MFS

EFT36568

21/07/2016

AAC ID SOLUTIONS

Inflatable expenses- BRAC

$121.00

MFS

EFT36569

21/07/2016

AVERY AIRCONDITIONING PTY LTD

Air conditioning maintenance- Various Shire sites

$4,296.70

MFS

EFT36570

21/07/2016

BAIRD AUSTRALIA PTY LTD

Consultant fees- Broome Townsite CHRMAP

$800.00

MFS

EFT36571

21/07/2016

BIGSELL PTY LTD

Advertising promotion & printing expenses- Civic Centre

$704.00

MFS

EFT36572

21/07/2016

BITUMEN SEALING SERVICES PTY LTD (BSS)

Sealing services- Roebuck Bay Caravan Park Building Redevelopment

$5,851.85

MFS

EFT36573

21/07/2016

BJ DAVIES PLUMBING

Repair irrigation reticulation- BRAC

$1,369.50

MFS

EFT36574

21/07/2016

BK SIGNS (HALLIDAY ENTERPRISES PTY LTD)

Uniform- Youth Advisory Council

$432.99

MFS

EFT36575

21/07/2016

BRAINTREE COMMUNICATIONS PTY LTD

EFTPOS service fees- Waste Management Facility

$52.57

MFS

EFT36576

21/07/2016

BRIDGESTONE AUSTRALIA LTD

Vehicle parts- Workshop

$6,613.33

MFS

EFT36577

21/07/2016

BROLGA DEVELOPMENTS & CONSTRUCTION PTY LTD

Crossover Subsidy- Infrastructure

$515.00

MFS

EFT36578

21/07/2016

BROOM TIME CLEANING

Cleaning consumables (Contracts 12/09 & 13/05)- Various Shire sites

$50,074.43

MFS

EFT36579

21/07/2016

BROOME BOLT SUPPLIES WA PTY LTD

Consumables & material- Various Shire Departments

$2,026.64

MFS

EFT36580

21/07/2016

BROOME BUILDERS PTY LTD

Crossover Subsidy- Infrastructure

$515.00

MFS

EFT36581

21/07/2016

BROOME FREIGHTLINES ( CTI ONTRAQ )

Freight- P&G

$555.50

MFS

EFT36582

21/07/2016

BROOME PLUMBING & GAS

Repair backflow valve & other plumbing work- Various Shire sites

$9,331.00

MFS

EFT36583

21/07/2016

BROOME POWDERCOATING

Play equipment maintenance- Town Beach Playground

$605.00

MFS

EFT36584

21/07/2016

BROOME PROGRESSIVE SUPPLIES

Consumables- Depot & BRAC

$844.60

MFS

EFT36585

21/07/2016

BROOME TOWING & SALVAGE

Impounding of vehicles expenses- Rangers

$88.00

MFS

EFT36586

21/07/2016

BROOME TRAVEL CENTRE

Accommodation for event attraction site inspection- Community Development

$990.60

MFS

EFT36587

21/07/2016

BROOME VOLUNTEER FIRE & RESCUE SERVICE

Prescribed bushfire burning- Gubinge Rd Reserve

$800.00

MFS

EFT36588

21/07/2016

BUNNINGS BROOME

Monthly invoices for miscellaneous consumables, tools & various items

$1,375.94

MFS

EFT36589

21/07/2016

CABLE BEACH TYRE SERVICE PTY LTD T/AS BRIDGESTONE BROOME

Vehicle repair- Waste Management Facility & Workshop

$3,382.00

MFS

EFT36590

21/07/2016

CAM MANAGEMENT SOLUTIONS (CAMMS)

Cloud hosting fee- IT

$1,980.00

MFS

EFT36591

21/07/2016

COCA COLA AMATIL

Stock for kiosk- BRAC

$407.92

MFS

EFT36592

21/07/2016

COLES SUPERMARKETS - CHINATOWN, S324

Food & beverages- Monthly fee Various meetings & Training

$964.80

MFS

EFT36593

21/07/2016

COLIN WILKINSON DEVELOPMENTS PTY LTD

Crossover Subsidy- Infrastructure

$515.00

MFS

EFT36594

21/07/2016

CUNDALL JOHNSTON AND PARTNERS PTY LTD

Building new construction (RFQ 16-21)- KRO3

$30,030.00

MFS

EFT36595

21/07/2016

DATA#3 LIMITED

Minor assets- IT

$3,237.48

MFS

EFT36596

21/07/2016

DATACOM

Intranet project (RFQ 16-30)- IT

$49,500.00

MFS

EFT36597

21/07/2016

DEPARTMENT OF THE PREMIER & CABINET

Advertising expenses- Cemetery

$149.76

MFS

EFT36598

21/07/2016

DEPARTMENT OF TRANSPORT (VEHICLE SEARCH FEES)

Vehicle ownership search fees- Rangers

$147.40

MFS

EFT36599

21/07/2016

FIELD AIR CONDITIONING & AUTO ELECTRICAL PTY LTD

Vehicle repairs- Workshop

$550.95

MFS

EFT36600

21/07/2016

FIRE & SAFETY SERVICES

Building maintenance- Various Shire sites

$1,397.66

MFS

EFT36601

21/07/2016

FLEET LOGISTICS PTY LTD (EZY2C)

Subscription & SIM access- Infrastructure

$371.69

MFS

EFT36602

21/07/2016

GALVINS PLUMBING PLUS

Keys for event facilities- P&G

$57.60

MFS

EFT36603

21/07/2016

HAYS SPECIALIST RECRUITMENT (AUSTRALIA) PTY LTD

Labour hire- Temporary Engineering Technical Officer 

$2,819.96

MFS

EFT36604

21/07/2016

HEAD OFFICE LANDGATE

Valuation rolls, land enquiries & valuation expenses- Infrastructure & Rates

$1,362.24

MFS

EFT36605

21/07/2016

HERBERT SMITH FREEHILLS

Legal expenses- Responses to SAT application & Sanctuary Road Caravan Park

$13,970.26

MFS

EFT36606

21/07/2016

HORIZON POWER (ELECTRICITY USAGE)

Electricity charges- Various Shire sites

$49,484.56

MFS

EFT36607

21/07/2016

INSTITUTE OF PUBLIC WORKS ENGINEERING AUSTRALIA

Masterclass Resource Recovery & Waste Transfer Stations- Waste Management Facility

$990.00

MFS

EFT36608

21/07/2016

IT VISION

Blink annual license fees & rates services- IT & Rates

$10,072.34

MFS

EFT36609

21/07/2016

J BLACKWOOD & SON T/AS BLACKWOODS

Consumables- Workshop

$226.30

MFS

EFT36610

21/07/2016

JANET ELIZABETH LEWIS

Community Safety Plan- Community Development

$3,050.00

MFS

EFT36611

21/07/2016

KIMBERLEY CAMPING & OUTBACK SUPPLIES

Staff uniform

$487.75

MFS

EFT36612

21/07/2016

KIMBERLEY GOLD PURE DRINKING WATER

Drinking water- Various Shire sites

$341.00

MFS

EFT36613

21/07/2016

KIMBERLEY KERBS

Kerbing- Hamersley &  Haas St

$3,624.50

MFS

EFT36614

21/07/2016

KIMBERLEY QUARRY PTY LTD

Road formation (RFT 13/07)- Hamersley & Haas St, Cape Leveque Road

$28,464.92

MFS

EFT36615

21/07/2016

KIMBERLEY SECURITY SHREDDING

Shredding- Records

$352.00

MFS

EFT36616

21/07/2016

KOTT GUNNING LAWYERS

Legal fees- Building order & Native Title Act

$3,641.33

MFS

EFT36617

21/07/2016

LANDMARK OPERATIONS LTD

Agribusiness products- P&G

$8,775.03

MFS

EFT36618

21/07/2016

LGIS WA

Insurance renewal 16/17- Governance

$990.00

MFS

EFT36619

21/07/2016

LGIS WA

Insurance renewal 16/17- Governance

$491,783.97

MFS

EFT36620

21/07/2016

LHM FABRICATION & FENCING

Fencing repairs- Male Oval

$3,278.00

MFS

EFT36621

21/07/2016

MIDLAND MOWERS

Equipment replacement- P&G

$9,543.20

MFS

EFT36622

21/07/2016

NATHAN DINES

Consultancy fee for Youth Advisory Council- Development Services

$6,000.00

MFS

EFT36623

21/07/2016

NICOLE HELEN MCLEOD

Reimbursement of legal expenses- Community Services

$72.06

MFS

EFT36624

21/07/2016

PETER JAMES FORSHAW

Crossover Subsidy- Infrastructure

$515.00

MFS

EFT36625

21/07/2016

TELSTRA

Phone charges- Various Shire phones

$39.34

MFS

EFT36626

21/07/2016

TNT AUSTRALIA PTY LTD T/AS TNT EXPRESS

Freight- Depot, Health & Infrastructure

$1,341.99

MFS

EFT36627

21/07/2016

TOLL IPEC PTY LTD

Freight- Nursery

$221.05

MFS

EFT36628

21/07/2016

TOTAL EDEN PTY LTD

Reticulation parts, consumables & materials Jun 16- P&G

$1,666.74

MFS

EFT36629

21/07/2016

SALARY & WAGES

Payroll S & W

$650.00

MFS

EFT36630

21/07/2016

SALARY & WAGES

Payroll S & W

$488.45

MFS

EFT36631

21/07/2016

AUSTRALIAN TAXATION OFFICE

PAYG

$105,619.73

MFS

EFT36632

21/07/2016

SALARY & WAGES

Payroll S & W

$750.00

MFS

EFT36633

21/07/2016

SALARY & WAGES

Payroll S & W

$600.00

MFS

EFT36634

21/07/2016

SALARY & WAGES

Payroll S & W

$370.77

MFS

EFT36635

21/07/2016

SALARY & WAGES

Payroll S & W

$373.90

MFS

EFT36636

21/07/2016

SALARY & WAGES

Payroll S & W

$420.00

MFS

EFT36637

21/07/2016

SALARY & WAGES

Payroll S & W

$552.16

MFS

EFT36638

21/07/2016

SALARY & WAGES

Payroll S & W

$410.00

MFS

EFT36639

21/07/2016

SALARY & WAGES

Payroll S & W

$450.00

MFS

EFT36640

21/07/2016

SALARY & WAGES

Payroll S & W

$330.00

MFS

EFT36641

21/07/2016

SALARY & WAGES

Payroll S & W

$1,608.61

MFS

EFT36642

21/07/2016

SALARY & WAGES

Payroll S & W

$250.00

MFS

EFT36643

21/07/2016

SALARY & WAGES

Payroll S & W

$430.11

MFS

EFT36644

21/07/2016

SALARY & WAGES

Payroll S & W

$340.00

MFS

EFT36645

21/07/2016

SALARY & WAGES

Payroll S & W

$800.00

MFS

EFT36646

21/07/2016

SALARY & WAGES

Payroll S & W

$201.10

MFS

EFT36647

21/07/2016

SALARY & WAGES

Payroll S & W

$0.50

MFS

EFT36648

21/07/2016

SALARY & WAGES

Payroll S & W

$300.00

MFS

EFT36649

21/07/2016

SALARY & WAGES

Payroll S & W

$457.57

MFS

EFT36650

21/07/2016

SALARY & WAGES

Payroll S & W

$1,150.00

MFS

EFT36651

21/07/2016

SALARY & WAGES

Payroll S & W

$353.22

MFS

EFT36652

21/07/2016

SALARY & WAGES

Payroll S & W

$1,028.09

MFS

EFT36653

21/07/2016

AUSTRALIAN SERVICES UNION - WA BRANCH

Payroll deductions

$1,129.85

MFS

EFT36654

21/07/2016

BROOME SHIRE INSIDE STAFF SOCIAL CLUB

Payroll deductions

$820.00

MFS

EFT36655

21/07/2016

BROOME SHIRE OUTDOOR STAFF SOCIAL CLUB

Payroll deductions

$700.00

MFS

EFT36656

21/07/2016

CHILD SUPPORT AGENCY

Payroll deductions

$1,122.98

MFS

EFT36657

21/07/2016

EXPRESS SALARY PACKAGING

Salary Packaging

$1,229.71

MFS

EFT36658

21/07/2016

LGRCEU

Payroll deductions

$19.40

MFS

EFT36659

21/07/2016

BROOME COMMONWEALTH TRADING BANK

Salary and wages pay period ending: 19.07.16

$305,126.00

MFS

EFT36660

25/07/2016

WATER CORPORATION

Water charges- Various Shire sites

$34,145.20

MFS

EFT36661

28/07/2016

BROOME FIRST NATIONAL REAL ESTATE

Staff Rent

$9,895.46

MFS

EFT36662

28/07/2016

CHARTER PROPERTY GROUP PTY LTD

Staff rent

$2,607.14

MFS

EFT36663

28/07/2016

HUTCHINSON REAL ESTATE

Staff Rent

$3,845.52

MFS

EFT36664

28/07/2016

JULIE THOMAS

Town rubbish bag collection

$125.00

MFS

EFT36665

28/07/2016

MAX BERNARD GRAFFEN

Staff Rent

$2,166.67

MFS

EFT36666

28/07/2016

PRD NATIONWIDE

Community Storage

$2,475.00

MFS

EFT36667

28/07/2016

RAY WHITE BROOME

Staff Rent

$12,974.92

MFS

EFT36668

28/07/2016

12 MILE SHADE & CANVAS

Shade sails instalment- Town Beach Water Park

$1,540.00

MFS

EFT36669

28/07/2016

AECOM AUSTRALIA PTY LTD

Environmental risk assessment- Waste Management Facility

$1,872.20

MFS

EFT36670

28/07/2016

ANDREW BLACK LANDSCAPES

Verge maintenance & mulching- Frederick Street and Dampier St Connection & Sheba Lane area

$4,713.50

MFS

EFT36671

28/07/2016

AUSKICK

Grant funded operational expenses- Community Services

$630.00

MFS

EFT36672

28/07/2016

AUSTRALIAN COMMUNICATIONS & MEDIA AUTHORITY ( ACMA )

Licence renewal- IT

$43.00

MFS

EFT36673

28/07/2016

BJ DAVIES PLUMBING

Repair irrigation reticulation- BRAC

$1,930.50

MFS

EFT36674

28/07/2016

BK SIGNS (HALLIDAY ENTERPRISES PTY LTD)

BRAC 2 Beach banner- BRAC

$44.00

MFS

EFT36675

28/07/2016

BROOM TIME CLEANING

Cleaning services (RFQ 12-09, RFQ 15-41)- Various Shire sites

$38,070.66

MFS

EFT36676

28/07/2016

BROOME FREIGHTLINES ( CTI ONTRAQ )

Freight charges- P&G

$1,016.46

MFS

EFT36677

28/07/2016

BROOME SMALL MAINTENANCE SERVICES

Maintenance & repairs- Administration Building & KRO1

$614.00

MFS

EFT36678

28/07/2016

BROOME TRAVEL CENTRE

Flights- Library

$909.00

MFS

EFT36679

28/07/2016

BROOME TREE & PALM SERVICE

Sea container- Waste Management Facility

$3,850.00

MFS

EFT36680

28/07/2016

BULLDOGS ELECTRICAL & MAINTENANCE

Plant repairs- Depot

$154.00

MFS

EFT36681

28/07/2016

CABLE BEACH TYRE SERVICE PTY LTD T/AS BRIDGESTONE BROOME

Consumables- Workshop

$1,705.00

MFS

EFT36682

28/07/2016

CARDNO (WA) PTY LTD

Urban stormwater drainage (RFQ 16-16) & presentation at Councillor Workshop- Infrastructure

$49,146.57

MFS

EFT36683

28/07/2016

COASTAL DISTRIBUTING & PROVEDORING ( CDP )

Consumables- Depot

$139.30

MFS

EFT36684

28/07/2016

DANS QUALITY PAINTING & DECORATING PTY LTD

Building maintenance- Depot

$1,358.50

MFS

EFT36685

28/07/2016

DC DATA COMMS

CCTV Outage- Civic Centre

$264.00

MFS

EFT36686

28/07/2016

DEPARTMENT OF AGRICULTURE & FOOD WA

Quarantine inspection- Nursery

$63.00

MFS

EFT36687

28/07/2016

DONOVAN PAYNE ARCHITECTS PTY LTD

Development approval submission (RFT 15-50, RFT 15-51)- KRO3 & BRAC Aquatic Upgrade

$73,186.30

MFS

EFT36688

28/07/2016

EZESCAN

Annual software renewal- IT

$2,494.80

MFS

EFT36689

28/07/2016

FIELD AIR CONDITIONING & AUTO ELECTRICAL PTY LTD

Plant repairs- Workshop

$927.70

MFS

EFT36690

28/07/2016

G. BISHOPS TRANSPORT SERVICES PTY LTD

Freight charges- Depot

$223.63

MFS

EFT36691

28/07/2016

GISSA INTERNATIONAL PTY LTD

Annual support & maintenance fees- Infrastructure

$2,680.70

MFS

EFT36692

28/07/2016

GLOWING GECKO

Landscaping- Hamersley & Haas St

$490.00

MFS

EFT36693

28/07/2016

HAYS SPECIALIST RECRUITMENT (AUSTRALIA) PTY LTD

Labour hire- Engineering Technical Officer 

$2,819.96

MFS

EFT36694

28/07/2016

HORIZON POWER (ELECTRICITY USAGE)

Electricity charges- Various Shire sites

$3,220.69

MFS

EFT36695

28/07/2016

INSTITUTE OF PUBLIC WORKS ENGINEERING AUSTRALIA LTD

Subscription fee NAMS plus- IT

$737.00

MFS

EFT36696

28/07/2016

IT VISION

Module upgrade & Altus mobile requisition- IT & Customer Services

$20,341.75

MFS

EFT36697

28/07/2016

KIMBERLEY CLEANING & MAINTENANCE SERVICES PTY LTD

Office maintenance- Barker Street

$825.00

MFS

EFT36698

28/07/2016

KIMBERLEY DISTRIBUTORS

Stock for kiosk- BRAC

$33.36

MFS

EFT36699

28/07/2016

KIMBERLEY FUEL & OIL SERVICES

Oil & lubricants- Workshop

$556.69

MFS

EFT36700

28/07/2016

LANDMARK OPERATIONS LTD

Fertilising lawn areas- P&G

$4,001.25

MFS

EFT36701

28/07/2016

LOCAL GOVERNMENT MANAGERS AUSTRALIA WA

LGMA challenge and North West conference fees- HR

$13,645.00

MFS

EFT36702

28/07/2016

M DAWSON WEB & PRINT

Flyer design Club Development program- Community Development

$560.00

MFS

EFT36703

28/07/2016

MARKET CREATIONS

Tender management & design- Roebuck Caravan Park

$1,144.00

MFS

EFT36704

28/07/2016

MARKETFORCE

Advertising expenses- Governance, Economic Development, Property & Asset

$1,105.83

MFS

EFT36705

28/07/2016

MCCORRY BROWN EARTHMOVING PTY LTD

Construction contractor & supply of plant hire (RFT 14-16, RFQ 14/16)- Roebuck Bay Caravan Park Redevelopment, Depot, Hamersley & Haas St, Skate Park

$145,437.54

MFS

EFT36706

28/07/2016

MCMULLEN NOLAN GROUP PTY LTD (MNG)

Title searches/survey (RFT 14/03)- Hamersley Haas St, Gantheaume Point, Kinney Road, Cemetery

$18,854.28

MFS

EFT36707

28/07/2016

MICHAEL KAUFMAN

Refund swimming lessons- BRAC

$30.00

MFS

EFT36708

28/07/2016

NORTH AUSSIE ICE

Crushed ice- Depot

$61.60

MFS

EFT36709

28/07/2016

NORTH WEST COAST SECURITY

Security services (RFQ 15-20)- Civic Centre

$1,240.80

MFS

EFT36710

28/07/2016

NORTHWEST HYDRO SOLUTIONS (PATRICK ANNESLEY)

Reticulation parts, consumables & materials Jun e 16- P&G

$62.59

MFS

EFT36711

28/07/2016

NORTHWEST SHEDMASTERS PTY LTD

Building maintenance & repairs- BRAC

$160.00

MFS

EFT36712

28/07/2016

NS PROJECTS PTY LTD

Project management of the Jetty to Jetty Revetment Works & Design development phase (RFT 15/04) KRO3

$13,722.50

MFS

EFT36713

28/07/2016

OAKS HOTELS & RESORTS - BROOME

Accommodation- KRO & BRAC PCG meeting

$215.00

MFS

EFT36714

28/07/2016

OCLC (UK) LTD

Annual maintenance & support- IT

$5,888.31

MFS

EFT36715

28/07/2016

OFFICE NATIONAL BROOME

Copier charges- IT

$725.48

MFS

EFT36716

28/07/2016

OFFICEMAX AUSTRALIA LTD

Stationery- Administration office

$1,567.73

MFS

EFT36717

28/07/2016

OHURA CONSULTING

Organisational training expenses & EBA employer representative- HR

$9,506.63

MFS

EFT36718

28/07/2016

PEARL TOWN BUS SERVICE

Hire of bus- Surf Club to BRAC

$140.00

MFS

EFT36719

28/07/2016

PINDAN LABOUR SOLUTIONS PTY LTD (A DIVISION OF DFP RECRUITMENT)

Labour hire- Various Shire positions

$11,072.07

MFS

EFT36720

28/07/2016

PMK WELDING & METAL FABRICATION

Equipment repairs- Waste Management Facility

$184.09

MFS

EFT36721

28/07/2016

PRD NATIONWIDE

Strata levies- Walcott Grande staff housing

$1,931.48

MFS

EFT36722

28/07/2016

PRITCHARD FRANCIS PTY LTD

Consultant fees (RFT 14/03)- Archer Street reconstruction, Community Storage facility, Hamersley & Hass Roundabout

$14,726.25

MFS

EFT36723

28/07/2016

RACHEL SUE LEARY

Performance production expenses- Civic Centre

$75.52

MFS

EFT36724

28/07/2016

REEN AUTO ELECTRICS

Vehicle repairs- Workshop

$753.00

MFS

EFT36725

28/07/2016

REGAL TRANSPORT

Freight- Nursery & Workshop

$2,675.73

MFS

EFT36726

28/07/2016

ROADLINE CIVIL CONTRACTORS

Construction contractor (RFQ 13-33, RFT 16-01)- Disabled access ramp at Cable Beach, Arch Street Upgrade, Staircase to the moon Traffic Management & BRAC Traffic Management

$838,189.37

MFS

EFT36727

28/07/2016

ROEBUCK BAY HOTEL

Beverages for CEO 15- HR

$41.99

MFS

EFT36728

28/07/2016

ROEBUCK TREE SERVICE

Remove trees arboriculture- Sector 4 Sunset Park

$1,100.00

MFS

EFT36729

28/07/2016

SEAMLESS CMS PTY LTD

Annual support agreement & premium shared hosting fees- IT

$25,712.50

MFS

EFT36730

28/07/2016

SECUREPAY PTY LTD

Web ticketing fees- Civic Centre

$2.38

MFS

EFT36731

28/07/2016

SECUREX SECURITY PTY LTD

Security & other operational expenses- Various Shire sites

$346.50

MFS

EFT36732

28/07/2016

SECURITY & TECHNOLOGY SERVICES (NORWEST)

CCTV maintenance & repairs- IT

$132.00

MFS

EFT36733

28/07/2016

SPINIFEX HOTEL

Accommodation to attend Kimberley Regional Group Meetings- Various Shire staff

$360.00

MFS

EFT36734

28/07/2016

TELSTRA

Phone charges- Emergency & Rangers Services

$70.00

MFS

EFT36735

28/07/2016

TERRITORY RURAL BROOME

Pesticide equipment & supplies- P&G

$149.55

MFS

EFT36736

28/07/2016

TNT AUSTRALIA PTY LTD T/AS TNT EXPRESS

Freight charges- Health & Waste Management Facility

$183.68

MFS

EFT36737

28/07/2016

TOTAL EDEN PTY LTD

Reticulation parts, materials & consumables May 16- P&G

$579.76

MFS

EFT36738

28/07/2016

TOTAL PACKAGING (WA) PTY LTD

General Litter control- Depot

$203.50

MFS

EFT36739

28/07/2016

TOTAL SAFETY & FIRE SOLUTIONS (NORTH WEST FIRE PROTECTION)

Safety signs- Depot

$541.82

MFS

EFT36740

28/07/2016

TOTALLY WORKWEAR

Staff uniform

$169.25

MFS

EFT36741

28/07/2016

TOXFREE

Waste services (Contract 14/01)- Various Shire sites

$107,911.27

MFS

EFT36742

28/07/2016

TY DAVID MATSON (Expenses)

Reimbursement of study expenses- Health

$2,419.00

MFS

EFT36743

28/07/2016

UDLA

Consultancy services (RFQ 16-26, RFQ 15-57)- Broome Recreation Trails Masterplan, KRO3 & BRAC Aquatic Upgrade

$9,259.25

MFS

EFT36744

28/07/2016

VIVA ENERGY AUSTRALIA

Fuel card purchases- Various Shire vehicles

$189.63

MFS

EFT36745

28/07/2016

WEST AUSTRALIAN NEWSPAPERS

Advertising & promotions- Media, Civic Centre, BRAC & Waste Management facility

$5,297.40

MFS

EFT36746

28/07/2016

WESTERN AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION (WALGA)

Banners- Media

$90.00

MFS

EFT36747

28/07/2016

WESTERN IRRIGATION PTY LTD

Effluent pump station expenses- P&G

$6,600.00

MFS

EFT36748

28/07/2016

WILLIAM MCINTOSH (TONCHI)

Live music- Chinatown Revitalisation

$660.00

MFS

EFT36749

28/07/2016

WOOLWORTHS LIMITED (96000235)

Stock kiosk- BRAC

$570.00

MFS

EFT36750

28/07/2016

YOUTH AFFAIRS COUNCIL OF WA

Annual membership Youth Development Programme- Community Development

$220.00

MFS

EFT36751

28/07/2016

ZINCON PTY LTD

Roller repairs- Depot

$356.40

MFS

EFT36752

29/07/2016

IGA - SEAVIEW (BROOME INVESTMENT GROUP PTY LTD T/AS)

Daily & weekly newspapers- Library & Media

$120.40

MFS

MUNICIPAL ELECTRONIC FUNDS TRANSFER TOTAL:

$4,555,823.23

MUNICIPAL CHEQUES - JULY 2016

Cheque

Date

Name

Description

Amount

Del Auth

57411

13/07/2016

CITY OF BAYSWATER

Lost items expenses- Library

$50.16

MFS

57412

14/07/2016

BROOME SHIRE COUNCIL

Petty cash- Administration Building

$515.05

MFS

57413

14/07/2016

BROOME SHIRE COUNCIL

Petty cash- BRAC

$131.05

MFS

57414

14/07/2016

BROOME SHIRE COUNCIL

Petty cash- Depot 

$74.10

MFS

57415

14/07/2016

BROOME SHIRE COUNCIL

Petty cash- Library 

$41.41

MFS

57416

25/07/2016

BROOME SHIRE COUNCIL

Petty cash- Library 

$49.50

MFS

57417

25/07/2016

BROOME SHIRE COUNCIL

Additional float- Library

$50.00

MFS

MUNICIPAL CHEQUES TOTAL:

$911.27

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TRUST CHEQUES - JULY 2016

EFT

Date

Name

Description

Amount

Del Auth

3416

15/07/2016

BUILDING & CONSTRUCTION INDUSTRY TRAINING FUND

BCITF COMMMISSION JUNE 2016

$5,478.44

MFS

TRUST CHEQUES TOTAL:

$5,478.44

 

 

 

 

MUNICIPAL DIRECT DEBIT/CREDIT CARD PAYMENTS - JULY  2016

DD#

Date

Name

Description

Amount

Del Auth

DD20602.1

05/07/2016

SUPERANNUATION

Superannuation contributions

$67,131.57

MFS

DD20602.10

05/07/2016

SUPERANNUATION

Superannuation contributions

$108.96

MFS

DD20602.11

05/07/2016

SUPERANNUATION

Superannuation contributions

$346.73

MFS

DD20602.12

05/07/2016

SUPERANNUATION

Superannuation contributions

$434.66

MFS

DD20602.13

05/07/2016

SUPERANNUATION

Superannuation contributions

$273.10

MFS

DD20602.14

05/07/2016

SUPERANNUATION

Superannuation contributions

$559.29

MFS

DD20602.15

05/07/2016

SUPERANNUATION

Superannuation contributions

$278.37

MFS

DD20602.16

05/07/2016

SUPERANNUATION

Superannuation contributions

$185.91

MFS

DD20602.17

05/07/2016

SUPERANNUATION

Superannuation contributions

$394.62

MFS

DD20602.18

05/07/2016

SUPERANNUATION

Superannuation contributions

$273.10

MFS

DD20602.19

05/07/2016

SUPERANNUATION

Superannuation contributions

$1,200.10

MFS

DD20602.2

05/07/2016

SUPERANNUATION

Superannuation contributions

$134.96

MFS

DD20602.20

05/07/2016

SUPERANNUATION

Superannuation contributions

$486.27

MFS

DD20602.21

05/07/2016

SUPERANNUATION

Superannuation contributions

$432.83

MFS

DD20602.22

05/07/2016

SUPERANNUATION

Superannuation contributions

$895.96

MFS

DD20602.23

05/07/2016

SUPERANNUATION

Superannuation contributions

$288.11

MFS

DD20602.24

05/07/2016

SUPERANNUATION

Superannuation contributions

$920.85

MFS

DD20602.3

05/07/2016

SUPERANNUATION

Superannuation contributions

$269.95

MFS

DD20602.4

05/07/2016

SUPERANNUATION

Superannuation contributions

$603.71

MFS

DD20602.5

05/07/2016

SUPERANNUATION

Superannuation contributions

$420.67

MFS

DD20602.6

05/07/2016

SUPERANNUATION

Superannuation contributions

$826.36

MFS

DD20602.7

05/07/2016

SUPERANNUATION

Superannuation contributions

$1,464.97

MFS

DD20602.8

05/07/2016

SUPERANNUATION

Superannuation contributions

$387.43

MFS

DD20602.9

05/07/2016

SUPERANNUATION

Superannuation contributions

$288.30

MFS

DD20789.1

19/07/2016

SUPERANNUATION

Superannuation contributions

$62,490.69

MFS

DD20789.10

19/07/2016

SUPERANNUATION

Superannuation contributions

$285.35

MFS

DD20789.11

19/07/2016

SUPERANNUATION

Superannuation contributions

$352.84

MFS

DD20789.12

19/07/2016

SUPERANNUATION

Superannuation contributions

$434.66

MFS

DD20789.13

19/07/2016

SUPERANNUATION

Superannuation contributions

$277.75

MFS

DD20789.14

19/07/2016

SUPERANNUATION

Superannuation contributions

$559.29

MFS

DD20789.15

19/07/2016

SUPERANNUATION

Superannuation contributions

$283.12

MFS

DD20789.16

19/07/2016

SUPERANNUATION

Superannuation contributions

$394.63

MFS

DD20789.17

19/07/2016

SUPERANNUATION

Superannuation contributions

$1,267.19

MFS

DD20789.18

19/07/2016

SUPERANNUATION

Superannuation contributions

$1,044.65

MFS

DD20789.19

19/07/2016

SUPERANNUATION

Superannuation contributions

$486.27

MFS

DD20789.2

19/07/2016

SUPERANNUATION

Superannuation contributions

$612.05

MFS

DD20789.20

19/07/2016

SUPERANNUATION

Superannuation contributions

$288.11

MFS

DD20789.21

19/07/2016

SUPERANNUATION

Superannuation contributions

$912.61

MFS

DD20789.22

19/07/2016

SUPERANNUATION

Superannuation contributions

-$47.94

MFS

DD20789.23

19/07/2016

SUPERANNUATION

Superannuation contributions

$269.95

MFS

DD20789.3

19/07/2016

SUPERANNUATION

Superannuation contributions

$606.13

MFS

DD20789.4

19/07/2016

SUPERANNUATION

Superannuation contributions

$409.70

MFS

DD20789.5

19/07/2016

SUPERANNUATION

Superannuation contributions

$811.21

MFS

DD20789.6

19/07/2016

SUPERANNUATION

Superannuation contributions

$1,615.28

MFS

DD20789.7

19/07/2016

SUPERANNUATION

Superannuation contributions

$207.34

MFS

DD20789.8

19/07/2016

SUPERANNUATION

Superannuation contributions

$909.10

MFS

DD20789.9

19/07/2016

SUPERANNUATION

Superannuation contributions

$145.89

MFS

DD20848.1

25/07/2016

WESTERN AUSTRALIAN TREASURY CORPORATION

WATC Govt Guarantee Loan Fees accrued 1 Jan 16 - 30 Jun 16

$14,525.18

MFS

DD20865.1

01/07/2016

BROOME COMMONWEALTH TRADING BANK

Credit card annual fee- General

$40.00

MFS

MUNICIPAL DIRECT DEBIT TOTAL:

$167,787.83

MUNICIPAL ELECTRONIC TRANSFER TOTAL

$4,555,823.23

MUNICIPAL CHEQUES TOTAL

$911.27

TRUST CHEQUE TOTAL

$5,478.44

MUNICIPAL DIRECT DEBIT/ CREDIT CARD TOTAL

$167,787.83

TOTAL PAYMENTS - JULY 2016

$4,730,000.77

Key for Delegation of Authority:

CEO

Chief Executive Officer

MFS

Manager Financial Services

AMFS

Acting Manager Financial Services

DCS

Director Corporate Services

 

 


Agenda – Ordinary Meeting of Council 25 August 2016                                                                             Page 459 of 460

 

9.4.2      MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT JULY 2016

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           FRE02

AUTHOR:                                                   Senior Finance Officer

CONTRIBUTOR/S:                                    Manager Financial Services 

RESPONSIBLE OFFICER:                          Director Corporate Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    10 August 2016

 

SUMMARY:         Council is required by legislation to consider and adopt the Monthly Statement of Financial Activity Report for the period ended 31 July 2016, as required by Regulation 34(1) of the Local Government (Financial Management) Regulations 1996 (FMR).

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

 

 

BACKGROUND

 

Previous Considerations

 

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

 

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

 

Disclosure and supply of appropriate explanations for variances presented in the Statement of Financial Activity, is mandatory under FMR 34(2)(b) as stated in Policy 2.1.1 Materiality in Financial Reporting.

 

FMR 34(5) requires a local government to adopt a percentage or value, calculated in accordance with the Australian Accounting Standards (AAS) and Council’s adopted risk management matrix thresholds, to be used in statements of financial activity for reporting material variances.

 

COMMENT

 

The 2016/2017 Annual Budget was adopted at the Ordinary Meeting of Council on 30 June 2016.

 

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

 

Budget Year elapsed                       8.49%

Total Rates Raised Revenue            100% (of which 4.78% has been paid)

Total Other Operating Revenue     25%

Total Operating Expenditure           6%

Total Capital Revenue                      11%

Total Capital Expenditure                 1%

Total Sale of Assets Revenue          13%

 

More detailed explanations of variances are contained in Note 2 of the Monthly Statement of Financial Activity. The commentary identifies significant variations between the expected year-to-date budget position and the position at the reporting date.

 

Based on the 2016/2017 Annual Budget presented at the Ordinary Meeting of Council on 30 June 2016, Council adopted a balanced budget to 30 June 2016.

 

Budget amendments have occurred since the adoption of the budget, which have a nil impact on the end of year position.

 

It should be noted that as the end of year processes are underway, the final end of year position for 2015/2016 will be presented to Council as part of the Annual Financial Statements. Once it has been determined, the Financial Report will be presented to Council with recommendations on the use of any further surplus.

 

CONSULTATION

 

Nil

 

STATUTORY ENVIRONMENT

 

Local Government (Financial Management) Regulations 1996

 

34. Financial activity statement report — s. 6.4

1A)       In this regulation —

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

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

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

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

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

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

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

 

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

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

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

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

 

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

a)          according to nature and type classification;

b)          by program; or

c)          by business unit.

 

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

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

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

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

 

Local Government Act 1995

 

6.8. Expenditure from municipal fund not included in annual budget

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

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

b)          is authorised in advance by resolution*; or

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

(1a        In subsection (1) —

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

 

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

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

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

* Absolute majority required.

 

POLICY IMPLICATIONS

 

2.1.1 Materiality in Financial Reporting

 

FINANCIAL IMPLICATIONS

 

The adoption of the Monthly Financial Report is retrospective.  Accordingly, the financial implications associated with adopting the Monthly Report are Nil.

 

RISK

 

The Financial Activity report is presented monthly and provides a retrospective picture of the activities at the Shire. Contained within the report is information pertaining to the financial cost and delivery of strategic initiatives and key projects.

 

In order to mitigate the risk of budget over-runs or non-delivery of projects, the Chief Executive Officer has implemented internal control measures such as regular Council and management reporting and the Quarterly Finance and Costing Review to monitor financial performance against budget estimates. Materiality reporting thresholds have been established at half the adopted Council levels, which equate to $5,000 for operating budget line items and $10,000 for capital items, to alert management prior to there being irreversible impacts.

 

It should also be noted that there is an inherent level of risk of misrepresentation of the financials through either human error or potential fraud. The establishment of control measures through a series of efficient systems, policies and procedures, which fall under the responsibility of the CEO as laid out in the Local Government (Financial Management Regulations) 1996 regulation 5, seek to mitigate the possibility of this occurring. These controls are set in place to provide daily, weekly and monthly checks to ensure that the integrity of the data provided is reasonably assured.

 

STRATEGIC IMPLICATIONS  

 

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

 

Affordable and equitable services and infrastructure

 

Affordable land for residential, industrial, commercial and community use

 

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

 

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

 

An organisational culture that strives for service excellence

 

Sustainable and integrated strategic and operational plans

 

Responsible resource allocation

 

Effective community engagement

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Adopts the Monthly Financial Activity Report for the period ended 31 July 2016 and;

2.       Receives the General Fund Summary of Financial Activity (Schedules 2-14) for the period ended 31 July 2016; and

3.       Note that end-of-year processes are ongoing and that a final position will be presented as part of the Annual Financial Statements once all processes are completed.

 

Attachments

1.

July 2016 - Monthly Financial Activity Statements

2.

Supplmentary Notes to the Financial Report - July 2016

3.

Summary Schedule

4.

Schedule 3 - 14

  


Item 9.4.2 - MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT JULY 2016

 

 

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Item 9.4.2 - MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT JULY 2016

 

 

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Item 9.4.2 - MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT JULY 2016

 

 

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Item 9.4.2 - MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT JULY 2016

 

 

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Item 9.4.2 - MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT JULY 2016

 

 

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Item 9.4.2 - MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT JULY 2016

 

 

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Item 9.4.2 - MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT JULY 2016

 

 

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Agenda – Ordinary Meeting of Council 25 August 2016                                                                             Page 572 of 573

 

9.4.3      APPLICATION TO CHANGE IN METHOD OF VALUATION FROM UNIMPROVED VALUE TO GROSS RENTAL VALUE BROOME ROAD INDUSTRIAL ESTATE SUBDIVISION AND PARTIAL WRITE OFF OF 2015/2016 INTERIM RATES AND PENALTY INTEREST FOR ASSESSMENT A306429

LOCATION/ADDRESS:                            11 properties included in the Broome Road Industrial Estate Subdivision

APPLICANT:                                              Ratepayer

FILE:                                                           ARA01

AUTHOR:                                                   Manager Financial Services 

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director Corporate Services

DISCLOSURE OF INTEREST:                     NIL

DATE OF REPORT:                                    5 August 2016

 

SUMMARY:         This report requests Council approval to seek Ministerial approval for the method of valuation for the area of the Broome Road Industrial Estate subdivision to be changed from unimproved value to gross rental value. This report also recommends that Council writes off the partial balance of 2015/2016 interim rates levied on one of the properties to reflect the correct pro rata rates once the new GRV valuation is received.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 1 August 2011                          Item 9.4.1

 

The Broome Road Industrial Estate subdivision (the subdivision) is currently zoned as ‘Industry’ under the Local Planning Scheme No. 6 (LPS6). The lots are located outside of the town site boundary and are currently valued as unimproved value (UV) by the Valuer-General (VG), based on the predominant land use as being ‘rural’ as per section 6.28(2)(a) of the Local Government Act 1995 (LGA). Council must seek Ministerial approval from the Department of Local Government and Communities (DLGC) to change the method of valuation from unimproved value (UV) to gross rental value (GRV) when the predominate land use has been identified as a non-rural purpose. Land currently rated UV but which should be rated on GRV, based on the predominant use of non-rural purposes, requires Council and Ministerial approval to be rated on the GRV method of valuation.

 

At the Ordinary Meeting of Council (OMC) held 1 August 2011, Council adopted the proposed Broome Road Industrial Area Master Plan (Master Plan) submitted by Urbis on behalf of Landcorp. Council also resolved to advise the Western Australian Planning Commission (WAPC) of its support for the stage 1 subdivision application. In summary, the Master Plan clearly outlines the intended future land use of the subdivision to be predominantly for non-rural purposes, therefore, the purpose of the subdivision is to provide land to prospective commercial enterprises for industrial development.

 

Under section 6.28 of the LGA, the Minister for Local Government and Communities (the Minister) is responsible for determining the method of valuation of land to be used by a local government as the basis for levying rates and publish a notice of the determination in the Government Gazette. In determining the method of valuation to be used by a local government, the Minister is to have regard for the general principle that the basis for valuation on any land is to be:

 

a)  Where the land is used predominantly for rural purposes, the unimproved value of the land; and

b)  Where the land is used predominantly for non rural purposes, the gross rental value of the land.

 

Each local government has a legislative obligation in upholding the above valuation provisions of the LGA and ensuring they are correctly applied to rateable land within their districts. In exercising this obligation, the Shire is currently conducting a review of the 130 concessional properties located in the UV area including the localities of 12 Mile, Coconut Well and other properties with a horticultural land use. Council has previously resolved to apply to the Minister to change the method of valuation from UV to GRV for effect from 1 July 2017 as per the OMC held 31 March 2016. Officers have progressed this review by assessing the ratepayer submissions received for application to the Minister.

 

The subdivision requires a separate application and approval by Council because it is outside of the scope of the UV to GRV review project. The subdivision requires a change of method of valuation with immediate effect due to the recent sale of Assessment A306429 located within the subdivision with an effective date of ownership of 1 May 2016. The majority of the lots within the subdivision are owned by Landcorp and rates are not levied until the title changes. The sale of the lot and subsequent title change has initiated the VG to issue a valuation based on UV effective from the date of transfer of ownership. Officers processed the changes to the property record to issue the interim rate notice based on the UV Rural differential rating category and applied the relevant rate in the dollar to the valuation.

 

The new owner and officers from Landcorp have raised concerns regarding the valuation and rating category of this property after the interim rate notice was issued in May. The concerns note the high potential for similar adverse reactions from prospective buyers in an email sent to the Shire in June 2016. The concerns expressed can be assessed as an objection to the rate record under section 6.76(1)(b), made within the 42 day time period from the issue date of the interim rate notice where:

 

…if the local government imposes a differential general rate, that the characteristics of the land recorded in the rate record as the basis for imposing that rate should be deleted and other characteristics substituted.

 

Officers have assessed the objection and have identified that the method of valuation is incorrect in accordance with section 6.28 of the LGA. This is causing the calculation of an inequitable level of rates levied in comparison to similar vacant properties within the town site that are rated as GRV Commercial. The owner should only be liable to pay for the pro rata amount of rates calculated on the new GRV valuation from 1 May 2016 until the effective date of the issue of the new GRV valuation. As such Officers are recommending that the remaining balance of the rates levied be written off.

 

As per Delegation Instrument LGA39, the Chief Executive Officer (CEO) has delegated authority to write off debt up to $1,000. As such, Council approval is required for amounts greater than $1,000 in accordance with section 6.12 of the LGA which provides a local government the power to defer, grant discounts, waive or write off debts.

 

Full details of the properties and application are provided below for Council’s consideration.

 

COMMENT

 

Officers consider that the following properties valued on unimproved values should be valued on gross rental values pursuant to section 6.28 of the LGA:

 

Assessment #

Property Address

GRV $

UV $

Zone

Use

A306420

2 Katsuyama Road Roebuck WA 6725

Industry

Vacant

A306421

14 Katsuyama Road Roebuck WA 6725

Industry

Vacant

A306430

28 Katsuyama Road Roebuck WA 6725

Industry

Vacant

A306422

33 Katsuyama Road Roebuck WA 6725

Industry

Vacant

A306427

1 Warrgamburu Drive Roebuck WA 6725

Industry

Vacant

A306426

2 Warrgamburu Drive Roebuck WA 6725

Industry

Vacant

A306425

6 Warrgamburu Drive Roebuck WA 6725

Industry

Vacant

A306428

9 Warrgamburu Drive Roebuck WA 6725

Industry

Vacant

A306424

10 Warrgamburu Drive Roebuck WA 6725

Industry

Vacant

A306423

11 Warrgamburu Drive Roebuck WA 6725

Industry

Vacant

A306429

21 Warrgamburu Drive Roebuck WA 6725

1,020,000.00

Industry

Vacant

 

Maps of the above subdivision are included in attachment 1. The current method of valuation used for the above lots is based on unimproved value. The predominant use of the properties has changed to "non-rural" with the adoption of the Master Plan, support of stage 1 of the subdivision application and zoning category as ‘Industry’. In order to maintain an equitable valuation base and in accordance with section 6.28 of the LGA, it is recommended that the method of valuing these land areas be changed from unimproved value to gross rental value. The effective date of the new method of valuation for each affected land area outlined will be the date of gazettal or such date as given by the Minister.

 

Officers have pursued the objection of the valuation on behalf of the owner of Assessment A306429 with Landgate. Officers from Landgate have provided an indicative GRV of $65,000 in accordance with their valuation methodologies used for vacant land (5% of the capital value of $1,300,000). Based on the GRV Commercial rate of 10.5870 cents in the dollar, the 2016/2017 indicative rates would have been $6,881.55. It should be noted that Landgate have advised that valuations are not back dated and are effective from date of issue.

 

Once the change in method of valuation has been gazetted by the Minister and the new GRV has been issued by Landgate, officers will reconcile the difference between the interim rates levied on the UV valuation and the new GRV valuation. The interim rates for 2015/16 effective from 1 May 2016 are $5,041.52 for Assessment A306429. The estimated interim rates would have been approximately $1,127.28, had they been calculated on the indicative GRV value. The estimated difference to be written off is $3,914.24 plus penalty interest, however, this is subject to receipt of the official GRV valuation from Landgate. Should this difference be materially different, officers will report to Council on the variance.

 

Officers recommend to suspend penalty interest while the application is in progress with the Minister and Landgate. The reason for the write off of the balance of rates, penalty interest and suspension of interest is that the subdivision and lots subsequently sold should have been valued based on GRV. The new revaluation schedule will cause an amendment to the ratebook and this will adjust the 2016/2017 rates that have already been levied and issued to the owner.

 

Guidelines issued by the Department recommend that affected property owners be informed of proposed changes to the method of valuing their property, although a modified process may be considered where the change is driven by large scale subdivisions. The owners of the above lots have been informed of the process to be undertaken to initiate the change in method of valuation in response to their queries and objections to the valuation and rates.

 

CONSULTATION

 

Ratepayer and landowner of land parcels subject to this application

Landgate

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

Part 6 — Financial management

Division 4 — General financial provisions

 

6.12 . Power to defer, grant discounts, waive or write off debts

(1)     Subject to subsection (2) and any other written law, a local government may — 

(a)     when adopting the annual budget, grant* a discount or other incentive for the early payment of any amount of money; or

(b)     waive or grant concessions in relation to any amount of money; or

(c)     write off any amount of money, which is owed to the local government.

* Absolute majority required.

(2)     Subsection (1)(a) and (b) do not apply to an amount of money owing in respect of rates and service charges.

(3)     The grant of a concession under subsection (1)(b) may be subject to any conditions determined by the local government.

(4)     Regulations may prescribe circumstances in which a local government is not to exercise a power under subsection (1) or regulate the exercise of that power.

 

Division 6 — Rates and service charges

Subdivision 1 — Introduction and basis of rating

 

6.28.  Basis of rates

 

(1)     The Minister is to —

(a)     determine the method of valuation of land to be used by a local government as the basis for a rate; and

(b)     publish a notice of the determination in the Government Gazette.

(2)     In determining the method of valuation of land to be used by a local government the Minister is to have regard to the general principle that the basis for a rate on any land is to be —

(a)     where the land is used predominantly for rural purposes, the unimproved value of the land; and

(b)     where the land is used predominantly for non rural purposes, the gross rental value of the land.

(3)     The unimproved value or gross rental value, as the case requires, of rateable land in the district of a local government is to be recorded in the rate record of that local government.

(4)     Subject to subsection (5), for the purposes of this section the valuation to be used by a local government is to be the valuation in force under the Valuation of Land Act 1978 as at 1 July in each financial year.

(5)     Where during a financial year —

(a)     an interim valuation is made under the Valuation of Land Act 1978; or

(b)     a valuation comes into force under the Valuation of Land Act 1978 as a result of the amendment of a valuation under that Act; or

(c)     a new valuation is made under the Valuation of Land Act 1978 in the course of completing a general valuation that has previously come into force,

the interim valuation, amended valuation or new valuation, as the case requires, is to be used by a local government for the purposes of this section.

[Section 6.28 amended by No. 1 of 1998 s. 20.]

 

Subdivision 7 — Objections and review

 

6.76.  Grounds of objection

(1)     A person may, in accordance with this section, object to the rate record of a local government on the ground —

(a)     that there is an error in the rate record —

(i)      with respect to the identity of the owner or occupier of any land; or

(ii)      on the basis that the land or part of the land is not rateable land;

or

(b)     if the local government imposes a differential general rate, that the characteristics of the land recorded in the rate record as the basis for imposing that rate should be deleted and other characteristics substituted.

(2)     An objection under subsection (1) is to —

(a)     be made to the local government in writing within 42 days of the service of a rate notice under section 6.41; and

(b)     identify the relevant land; and

(c)     set out fully and in detail the grounds of objection.

(3)     An objection under subsection (1) may be made by the person named in the rate record as the owner of land or by the agent or attorney of that person.

(4)     The local government may, on application by a person proposing to make an objection, extend the time for making the objection for such period as it thinks fit.

(5)     The local government is to promptly consider any objection and may either disallow it or allow it, wholly or in part.

(6)     After making a decision on the objection the local government is to promptly serve upon the person by whom the objection was made written notice of its decision on the objection and a statement of its reason for that decision.

 

POLICY IMPLICATIONS

 

2.1.7 Rating Policy

 

FINANCIAL IMPLICATIONS

 

For Assessment A306429 as of 5 August 2016, the rates and penalty interest are:

 

Levies

UV

Indicative GRV

Indicative Rates Levied

Difference

Description

$30,855.00

$1,020,000.00

$65,000

$6,881.55

($23,973.45)

16/17 Rates

$5,041.52

$1,020,000.00

$65,000

$1,127.28

($3,914.24)

15/16 Interim Rates

$47.10

 

 

$53.18

($53.18)

Penalty Interest to 5 August 2016

$71.00

 

 

$71.00

 

Emergency Services Levy

$36,014.62

 

 

 

($27,940.87)

*** TOTALS ***

 

An adjustment to the 2016/17 rates of an estimated $23,973.45 will be required once the final GRV valuation figure is received for Assessment A306429. It is recommended to write off approximately $3,967.42 with the actual amount dependent on the final GRV amount.

 

RISK

 

The DLGC Operational Guideline No. 2 Changing Methods of Valuation recommends that the principles of a taxation (rating) system should be based on:

 

Fairness and equity

Consistency

Objectivity

Transparency

Administrative efficiency

 

The requirement to change the method of valuation from UV to GRV will address the objection from the owner of Assessment A306429 and represents the fulfilment of Council’s legislative obligation in upholding the above rating principles and the provisions of section 6.28 the LGA.

 

Should Council resolve not to follow the recommendations of this report, there is a risk of non-compliance with the LGA, medium level public embarrassment and possible financial implications to Council. In order to mitigate these risks, it is advised that Council support the recommendations of this report.

 

STRATEGIC IMPLICATIONS 

 

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

 

Effective communication

 

Affordable services and initiatives to satisfy community need

 

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

 

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

 

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

 

Affordable and equitable services and infrastructure

 

Affordable land for residential, industrial, commercial and community use

 

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

 

An organisational culture that strives for service excellence

 

Effective community engagement

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Allows the objection to the rate record wholly by the owner of Assessment A306429 and the second owner of ten land parcels contained within the area known as the Broome Road Industrial Estate, as per section 6.76(5) of the Local Government Act 1995 (LGA) in accordance with section 6.76(1)(b) that the differential general rate and UV valuation methodology have not been applied in accordance with section 6.28 of the LGA; and

2.       Advises the property owners of Council’s decision in allowing the objection to the rate record that Council:

(a)     In accordance with section 6.28 of the Local Government Act 1995, requests that the Minister for Local Government and Communities approves the change of the method of valuation from unimproved value to gross rental value for the land parcels subject to the application with immediate effect;

(b)     Requests the Chief Executive Officer to amend the rate record for the land parcels subject to the application to reflect the rates levied on the new gross rental value and reissue the 2016/2017 rate notice for Assessment A306429;

(c)     Requests the Chief Executive Officer to reconcile the 2015/2016 pro rata interim rates of Assessment A306429 based on the new gross rental value that would have been levied from 1 May 2016, up until the effective date of the gross rental valuation to calculate the difference from the initial 2015/2016 interim rate notice issued on 26 May 2016;

(d)     Approves the write off of the difference from 2(c) above, of approximately $3,914.24, with the final difference subject to the receipt of the gross rental value and amendment to the rate record for Assessment A306429; and

(e)     Does not levy penalty interest on Assessment A306429 until the date of issue of the amended 2016/2017 rate notice and approves the write off of all penalty interest applicable from the date of issue of the 2015/16 interim rate notice and the date of issue of the amended rate notice.

 

Attachments

1.

Broome Road Industrial Estate UV to GRV - Maps Attachment

  


Item 9.4.3 - APPLICATION TO CHANGE IN METHOD OF VALUATION FROM UNIMPROVED VALUE TO GROSS RENTAL VALUE BROOME ROAD INDUSTRIAL ESTATE SUBDIVISION AND PARTIAL WRITE OFF OF 2015/2016 INTERIM RATES AND PENALTY INTEREST FOR ASSESSMENT A306429

 

 

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Agenda – Ordinary Meeting of Council 25 August 2016                                                                             Page 582 of 583

 

9.4.4      REVIEW AND AMENDMENTS TO POLICY 2.1.3 RATES DEBT RECOVERY

LOCATION/ADDRESS:                            NIL

APPLICANT:                                              NIL

FILE:                                                           ADM28

AUTHOR:                                                   Manager Financial Services 

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director Corporate Services

DISCLOSURE OF INTEREST:                     NIL

DATE OF REPORT:                                    8 August 2016

 

SUMMARY:         To seek Council endorsement of the reviewed Policy 2.1.3 Rates Debt Recovery, in line with the Magistrates Court of Western Australia (the Court) processes and timelines and provide Council with expanded and flexible payment arrangement measures.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 19 March 2009                         Item 9.1.3 (Policy adopted)

OMC 17 December 2015                 Item 9.4.3 (Last policy review)

 

The Rates Debt Recovery Policy (the Policy) was developed to enhance the functions of the Local Government Act 1995 (LGA) - Subdivision 5: Recovery of unpaid rates and service charges.

 

The Policy’s main aim is to:

 

1.   Ensure the timely recovery of unpaid rates and service charges at various stages throughout the financial year, where rates are unpaid and no rates payment plan has been arranged or unpaid instalments have occurred.

 

2.   Ensure that rates are recovered in a systematic process within the financial year that they were levied to protect Council's cash flow position.

 

The Policy was reviewed and subsequent amendments were adopted by Council at the Ordinary Meeting of Council (OMC), held 17 December 2015. Officers have since conducted a review in light of a number of administrative requirements which will enhance the efficiency and effectiveness of the Policy provisions. A copy of the revised Policy is attached with additions in red and omissions struck through.

 

COMMENT

 

A number of amendments have been made to the current Policy. Some changes include minor wording changes for clarity and definition.  The most significant changes are detailed below.

 

The current Policy allows 45 days after the service of a General Procedure Claim (GPC) through the Court to pursue other avenues of debt collection through Council’s collection agency. This does not align with the general 14 day timeline set by the Court, during which time a claimant cannot action further processes. Officers believe 45 days is an excessive period of time for inaction on outstanding amounts as the likelihood of recovery decreases over time. Penalty interest also continues to accrue over the 45 day period increasing the debt and further reducing the probability of repayment.

 

If a 14 day period is used action is dependant on the defendant (debtor) responding to the GPC:

 

·    through an Admission of Claim;

·    through a Notice of Intention to Defend; or

·    by taking no action in relation to the claim.

 

It is suggested Council endorse the Policy amendment reducing the period after service of the GPC from 45 days to 14 days to allow officers to more effectively and efficiently expedite legal recovery processes.

 

The Property Seizure and Sales Order (PSSO) provisions have been amended to better reflect the Court’s processes. The current policy allows delegation to officers to pursue seizure and sale of property (goods) while Council approval is required for seizure and sale of real property (land). The Court’s processes however, do not permit the distinction between the two, so when an application for a PSSO is made, both goods and land are included in the one order. To simplify the process, the Policy has been amended to request Council approval on the single order of both goods and land for a period of 12 months. It should be noted that Council cannot pursue a PSSO on land unless rates remain outstanding for over 3 years in accordance with section 6.68 of the LGA.

 

Additionally, a definition for Payment Arrangements has been included to provide legislative clarity and allow Council the option to utilise external payment management systems available through debt collection agencies. These systems offer an increased level of service to ratepayers by offering improved notification and payment options while reducing the level of Council’s outstanding rates debtors. The Policy has been amended to reflect the availability of this option which may be implemented.

 

In summary, the Policy has been reviewed and amended to increase the efficiency and effectiveness of Council’s rate debt collection processes. It is recommended that Council adopt the reviewed Policy.

 

CONSULTATION

 

Magistrates Court of Western Australia

Austral (Austral Mercantile)

Dun & Bradstreet

AMPAC Debt Collection

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

Part 2 — Constitution of local government

Division 2 — Local governments and councils of local governments

 

2.7.       Role of council

(1)         The council -

(a)        governs the local government’s affairs; and

(b)        is responsible for the performance of the local government’s functions.

(2)         Without limiting subsection (1), the council is to -

(a)        oversee the allocation of the local government’s finances and resources; and

(b)        determine the local government’s policies.

          [Section 2.7 amended by No. 17 of 2009 s. 4.]

 

Local Government (Financial Management) Regulations 1996

Part 2 — General financial management — s. 6.10

5.       CEO’s duties as to financial management

(1)     Efficient systems and procedures are to be established by the CEO of a local government —

(a)     for the proper collection of all money owing to the local government; and

(b)     for the safe custody and security of all money collected or held by the local government; and

(c)     for the proper maintenance and security of the financial records of the local government (whether maintained in written form or by electronic or other means or process); and

(d)     to ensure proper accounting for municipal or trust —

(i)      revenue received or receivable; and

(ii)      expenses paid or payable; and

(iii)     assets and liabilities;

and

(e)     to ensure proper authorisation for the incurring of liabilities and the making of payments; and

(f)      for the maintenance of payroll, stock control and costing records; and

(g)     to assist in the preparation of budgets, budget reviews, accounts and reports required by the Act or these regulations.

(2)     The CEO is to —

(a)     ensure that the resources of the local government are effectively and efficiently managed; and

(b)     assist the council to undertake reviews of fees and charges regularly (and not less than once in every financial year); and

(c)     undertake reviews of the appropriateness and effectiveness of the financial management systems and procedures of the local government regularly (and not less than once in every 4 financial years) and report to the local government the results of those reviews.

[Regulation 5 amended in Gazette 31 Mar 2005 p. 1047 and 1053.]

 

POLICY IMPLICATIONS

 

Review of Policy 2.1.3 Rates Debt Recovery as part of Council’s Policy Manual in accordance with Policy 1.2.1.

 

FINANCIAL IMPLICATIONS

 

The financial implications are general in nature but it can be assumed that the impact of the revised Policy would result in earlier collection of outstanding debts leading to a higher level of cash flow for Council.

 

RISK

 

The risks associated with Council not supporting the adoption of the revised Policy are considered low. If the revised Policy is not supported there is the potential that ratepayers may incur higher levels of outstanding debt due to the increased levels of penalty interest incurred. This may reduce the likelihood of recouping outstanding debts.

 

STRATEGIC IMPLICATIONS  

 

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

 

Effective communication

 

Affordable services and initiatives to satisfy community need

 

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

 

An organisational culture that strives for service excellence

 

Sustainable and integrated strategic and operational plans

 

Responsible resource allocation

 

Effective community engagement

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council adopts revised Policy 2.1.3 Rates Debt Recovery as reviewed with amendments as attached.

 

Attachments

1.

Policy 2.1.3 Rates Debtor Recovery - Reviewed and Amended

  


Item 9.4.4 - REVIEW AND AMENDMENTS TO POLICY 2.1.3 RATES DEBT RECOVERY

 

 

CORPORATE SERVICES                                       2.1.3

Finance

 

TITLE:

 

2.1.3 RATES DEBT RECOVERY

ADOPTED:

OCM 19 March 2009 – Pages 26 – 31

REVIEWED:

OMC 15 March 2012 – Pages 96 - 103

OMC 27 March 2014 – Pages 94 – 99

OMC 17 December 2015 – Pages 110 - 121

ASSOCIATED LEGISLATION:

Local Government Act 1995 – Section 6.56

ASSOCIATED DOCUMENTS:

 

REVIEW RESPONSIBILITY:

Manager Financial Services

DELEGATION:

Rates and Service Charges, Agreements

Rating and Service Charges, Caveat

Rating and Service Charges, Legal Action for Recovery

Rates, Unpaid – Power for Sale

Previous Policy Number N/A

 

Objective:

 

Local government has a responsibility to ensure that all Council rates are collected in a fair and timely manner.

 

Statutory Requirement:

 

Section 6.56 of the Local Government Act 1995 (LGA) reads:

 

(1)        If a rate or service charge remains unpaid after it becomes due and payable, the local government may recover it, as well as the costs of proceedings, if any, for that recovery, in a court of competent jurisdiction.

(2)        Rates or service charges due by the same person to the local government may be included in one writ, summons, or other process.

Definitions:

 

Property Sales and Seizure Order (PSSO):

 

A PSSO authorises a bailiff to seize and sell as much of the judgment debtor’s real or personal property as necessary to satisfy the judgment debt wholly or partially.

 

Real Property (Land):

 

Assets that are fixed permanently in one location such as land and/or buildings.

 

Personal Property (Goods):

 

Assets that are movable and not fixed permanently in one location such as vehicles and other possessions.

 

Payment Arrangement:

 

An agreement made between a person and the local government to accept payment of a rate or service charge due and payable by that person in accordance with section 6.49 of the LGA. Payment arrangements can be made directly with the local government or via an external payment arrangement management system.

 

Policy:

 

714 Days after due date – Final Notice

1.1        Where rates remain outstanding 714 days after the due date shown on the Rate Notice or Instalment Reminder Notice, and the ratepayer has NOT paid, a Final Notice shall be issued requesting full payment within 14 days.

 

14 Days after Final Notice date – Claimant Notice of Letter of Demand

2.1        Where Rates remaining unpaid outstanding after the expiry date shown on the Final Notice a Letter of Demand shall be issued requesting full payment within 7 days.

 

7 Days after Claimant Notice of Letter of Demand – Recovery Agent Letter of Demand

 

3.1        Where Rates remain outstanding after the expiry date shown on the Claimant Notice of Letter of Demand a Letter of Demand requesting full payment within 7 days will be issued through Council’s Debt Recovery Agent.

 

7 Days after Recovery Agent Letter of Demand date – Legal Claim (Summons)

4.1        Where payment still remains outstanding despite the issue of a Letter of Demand, and the ratepayer has not paid or entered into a payment arrangement a General Procedure Claim will be issued for recovery of debt through Council’s Debt Recovery Agent.

 

1445 Days after General Procedure Claim served

5.1        Where a General Procedure Claim has been served issued and remains unsatisfied, recovery action will be taken to pursue that General Procedure Claim, through the Council’s Debt Recovery Agent to secure payment of the debt in accordance with this policy and relevant provisions in the Local Government Act 1995.

 

5.2        Following the service issue of a General Procedure Claim and addition of legal costs, a reasonable offer to discharge of a rate account through an Admission of Claim by payment in full or through a payment arrangement will not be considered refused. Debtors will be required encouraged to clear debts by 30th June.

 

5.3        Where the owner is resident at the property in a domestic situation, that payment arrangement will be calculated so that the debt is cleared by the end of the current financial year.

 

5.4        Where the owner is non-resident or a company (i.e. the property is an investment) the maximum period over which the debt will be cleared will be three months.

 

5.53      Where debtors fail to make payments in accordance with an agreed and approved payment arrangement, Council approval must be sought prior to issuing a Property Seizure and Sale Order (PSSO) may be issued against personal property and in accordance with section 6.68 of the LGA after 3 years where rates remain unpaid, real property (land) .

 

Rates and Service Charges Unpaid for at Least 3 Years

6.1        If any rates or service charges which are due to in respect of any rateable land have been unpaid for at least 3 years, where all attempts to recover money due have failed, and after all reasonable efforts and avenues to locate the owner have been exhausted, approval shall be sought from Council for a Property and Seizure Order against land (real property) which may be imposed.

 

Section 6.60 - Local government may require lessee to pay rent:

 

In cases where the owner of a leased or rented property on which rates are outstanding cannot be located after all reasonable efforts and avenues have been exhausted, or refuses to settle rates owed, notice will be served on lessee under the provisions of section 6.60 of the Local Government Act 1995, requiring the lessee to pay to Council the rent due under the lease/tenancy agreement as it becomes due, until the amount in arrears has been fully paid.

 

Section 6.64.         Actions to be taken - Caveats

 

The Chief Executive Officer may lodge a caveat to preclude dealings in land where rates or services charges are in arrears and the CEO is of the opinion that it is in the interests of the Shire to lodge the caveat.

 


Agenda – Ordinary Meeting of Council 25 August 2016                                                                             Page 589 of 590

 

9.4.5      2016/2017 CHRISTMAS CLOSURE

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           ADM01

AUTHOR:                                                   Senior Administration and Governance Officer 

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director Corporate Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    9 August 2016

 

SUMMARY:         In accordance with prior conventions the Executive Management Group (EMG) is recommending Council approval to close the Shire’s operations over the Christmas/New Year period for 2016/2017. This will be subject to a contingency plan identifying key staff required to ensure the ongoing delivery of core services to the community. Employees will be required to take annual or accrued leave during the period which will assist in reducing high annual leave accruals which have proven difficult for some staff to clear on an individual basis.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 2 September 2010                  Item 12.1

OMC 1 September 2011                  Item 9.3.3

OMC 6 September 2012                  Item 9.4.3

OMC 19 September 2013                Item 9.4.4

OMC 25 September 2014                Item 9.4.3

OMC 26 November 2015                 Item 9.4.4

 

A report was submitted to the Ordinary Meeting of Council held on 26 November 2015 for the consideration of the closure of the Shire Offices over the Christmas/New Year period. The following was resolved by Council:

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                              Seconded: Cr W Fryer

That Council:

1.       Supports the closure of the Broome Recreation and Aquatic Centre on Friday 25 December 2015 (Christmas Day) and Friday 1 January 2016 (New Years Day) and supports the reduced operating hours as outlined in this report (Table 1) for the period 18 December 2015 to 2 January 2016 inclusive.

2.       Supports the closure of the Broome Waste Management Facility on Friday 25 December 2015 (Christmas Day).

3.       Notes the Broome Public Library will be closed to the public for stock take from Monday 4 January to Thursday 7 January 2016 inclusive as outlined in this report (Table 2).

4.       Supports the closure of the Broome Public Library from 4pm Thursday 24 December 2015, Saturday 26 December 2015, Monday 28 December 2015 and Saturday 2 January 2015 as outlined in this report (Table 2).

5.       Supports the closure of the remaining Shire operations, including the Administration Office and Broome Civic Centre from Friday 25 December 2015 to Sunday 3 January 2016 (inclusive).

6.       Acknowledges that employees will utilise annual or accrued leave for the above periods which are not public holidays.

7.       Notes the above closures are subject to an adequate contingency plan outlining staff required to ensure essential services continue to be provided to the public.

CARRIED UNANIMOUSLY 6/0

 

COMMENT

 

The Shire does not appear to have received any negative comments resulting from the Christmas closures over the 2010/2011, 2011/2012, 2012/2013, 2013/2014, 2014/2015 and 2015/2016 periods.

 

It is therefore recommended, given the success of previous Christmas closures and reduced hours of operation for the Broome Recreation and Aquatic Centre (BRAC), that the Shire close operations or reduce opening hours over the 2016/2017 Christmas/New Year period as outlined below.

 

To ensure essential services are still adequately delivered to the community, the EMG will develop a contingency plan outlining employees and/or departments required to continue working through the period. The contingency plan will also detail the operational management of workloads to ensure minimal disruption to service delivery over the period.

 

Adequate notice of the closure will be provided to the public to further minimise any disruptions.

 

Administration Office, Broome Civic Centre Office and Depot (Table 1)

 

The Civic Centre will be available for hire during the Christmas closure period excluding Christmas Day and Boxing Day. All booking arrangements must be made prior to the closure of the Civic Centre Office, which will be closed from 4.30pm Friday 23 December 2016. Closures for the Administration Office, Broome Civic Centre Office and Depot are recommended as follows:

 

Friday 23 December 2016

OPEN for normal business

Saturday 24 December 2016

CLOSED (Weekend)

Sunday 25 December 2016

CLOSED (Christmas Day & Weekend)

Monday 26 December 2016

CLOSED (Boxing Day)

Tuesday 27 December 2016

CLOSED (Public Holiday in lieu of Christmas Day)

Wednesday 28 December 2016

CLOSED (Annual Leave)

Thursday 29 December 2016

CLOSED (Annual Leave)

Friday 30 December 2016

CLOSED (Annual Leave)

Saturday 31 December 2016

CLOSED (Weekend)

Sunday 1 January 2017

CLOSED (New Year’s Day & Weekend)

Monday 2 January 2017

CLOSED (Public Holiday in lieu of New Year’s Day)

Tuesday 3 January 2017

OPEN resume normal business

 

Broome Public Library (Table 2)

 

The Library is proposed to be closed for the Christmas period from 5pm Friday 23 December 2016, re-opening for normal business from Tuesday 3 January 2017. Arrangements will be made to allow double loans from Monday 12 December to cover the closure period.

 

Friday 23 December 2016

OPEN for normal business

Saturday 24 December 2016

CLOSED (Weekend)

Sunday 25 December 2016

CLOSED (Christmas Day & Weekend)

Monday 26 December 2016

CLOSED (Boxing Day)

Tuesday 27 December 2016

CLOSED (Public Holiday in lieu of Christmas Day)

Wednesday 28 December 2016

CLOSED (Annual Leave)

Thursday 29 December 2016

CLOSED (Annual Leave)

Friday 30 December 2016

CLOSED (Annual Leave)

Saturday 31 December 2016

CLOSED (Weekend)

Sunday 1 January 2017

CLOSED (New Year’s Day & Weekend)

Monday 2 January 2017

CLOSED (Public Holiday in lieu of New Year’s Day)

Tuesday 3 January 2017

OPEN resume normal business

 

Broome Recreation and Aquatic Centre (Table 3)

 

BRAC is proposed to be closed on Christmas Day and New Year’s Day only. It should be noted that Aquatic facilities will not be available during this time as the Centre will be undergoing its aquatic upgrade. Staff advise this is generally a quiet time of the year and as such they are proposing the following opening hours during the period 19 December 2016 to 3 January 2017:

 

Date

Normal Opening Hours (Centre)

Proposed Opening Hours

Monday 19 December 2016

7.00am - 9.00pm

7.00am—5.00pm

Tuesday 20 December 2016

7.00am - 9.00pm

7.00am—5.00pm

Wednesday 21 December 2016

7.00am - 9.00pm

7.00am—6.00pm

Thursday 22 December 2016

7.00am - 9.00pm

7.00am—6.00pm

Friday 23 December 2016

7.00am - 7.30pm

7.00am—4.00pm

Saturday 24 December 2016

9.00am - 5.00pm

9.00am—4.00pm

Sunday 25 December 2016

9.00am - 5.00pm

Centre Closed

Monday 26 December 2016

7.00am - 9.00pm

10.00am—5.00pm

Tuesday 27 December 2016

7.00am - 9.00pm

10.00am—5.00pm

Wednesday 28 December 2016

7.00am - 9.00pm

7.00am—5.00pm

Thursday 29 December 2016

7.00am - 9.00pm

7.00am—5.00pm

Friday 30 December 2016

7.00am - 7.30pm

7.00am—5.00pm

Saturday 31 December 2016

9.00am - 5.00pm

7.00am—5.00pm

Sunday 1 January 2017

9.00am - 5.00pm

Centre Closed

Monday 2 January 2017

7.00am - 9.00pm

10.00am—5.00pm

 

Broome Waste Management Facility

 

The Waste Management Facility is proposed to be closed on Christmas Day only and normal hours will apply for the remainder of the Christmas closure period. The site will be open for Boxing Day and New Year’s Day public holidays.

 

CONSULTATION

 

The closures will be advertised in the Broome Advertiser, on the Shire of Broome website, through media releases and notices will be placed on the Administration Office, Library and BRAC noticeboards.

 

STATUTORY ENVIRONMENT

 

Nil.

 

POLICY IMPLICATIONS

 

Nil.

 

FINANCIAL IMPLICATIONS

 

Nil.

 

RISK

 

Employees may be required to take annual or accrued leave over the closure period. This will assist in reducing leave accruals which have proven difficult for some staff to clear on an individual basis. Auditors have previously identified high leave accruals as an Organisational Risk for the Shire of Broome.

 

Sufficient advertising of closures as indicated above will inform the community in advance of the closures.

 

Staff will be rostered on to ensure essential services continue to be provided to the public during this time.

 

STRATEGIC IMPLICATIONS  

 

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

 

Responsible resource allocation

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.         Supports the closure of the Administration Office, Broome Civic Centre Office and Depot from Monday 26 December 2016 to Monday 2 January 2017 (inclusive) as outlined in this report (Table 1);

2.         Supports the closure of the Broome Public Library from Saturday 24 December 2016 to Monday 2 January 2017 (inclusive) as outlined in this report (Table 2);

3.         Supports the closure of the Broome Recreation and Aquatic Centre on Sunday 25 December 2016 (Christmas Day) and Sunday 1 January 2017 (New Year’s Day) and supports the reduced operating hours as outlined in this report (Table 3) for the period 19 December 2016 to Monday 2 January 2017 inclusive;

4.         Supports the closure of the Broome Waste Management Facility on Sunday 25 December 2016 (Christmas Day);

5.         Acknowledges that employees will utilise annual or accrued leave for the above periods which are not public holidays; and

6.         Notes the above closures are subject to a contingency plan outlining staff required to ensure essential services continue to be provided to the public.

 

Attachments

Nil  


 

10.

REPORTS

OF

COMMITTEES


Agenda – Ordinary Meeting of Council 25 August 2016                                                                             Page 595 of 596

 

10.1       YAWURU PARK COUNCIL PROGRESS REPORT - JUNE 2016 MINUTES

LOCATION/ADDRESS:                            Joint Managed Lands - Indigenous Land Use Agreements

APPLICANT:                                              Nil

FILE:                                                           NAT 55; NAT 55.1; NAT 55.2; NAT 55.3; NAT 55.5 and NAT 55.6

AUTHOR:                                                   Director Development Services

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director Development Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    10 August 2016

 

SUMMARY:         This report presents Council with a progress report for the Yawuru Park Council (YPC), comprising the draft Minutes and associated Recommendations of the YPC  meeting held on 7 July 2016.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 15 March 2012                         Item 9.2.5

SMC 29 May 2013                              Item 9.2.1

OMC 27 November 2014                 Item 10.2

OMC 25 June 2015                            Item 10.4

OMC 26 November 2015                 Item 9.2.4

OMC 28 July 2016                              Item 10.2

 

The Yawuru Park Council (YPC) has been formed in accordance with the two Yawuru Indigenous Land Use Agreements (ILUAs) and is comprised of Yawuru Registered Native Title Body Corporate/Nyamba Buru Yawuru Representatives (Yawuru), delegates from the Department of Parks and Wildlife (DPaW) and Shire of Broome representatives. Through the YPC, these three organisations are responsible for jointly managing land within the Yawuru Conservation Estate in accordance with the ILUAs.

 

The following table outlines the four land/sea management areas within the Conservation Estate, including the bodies with direct management responsibility for each area:

 

Conservation Estate Area

Management responsibility

Minyirr Buru (Townsite Areas)

Yawuru and the Shire

 

Cable Beach Intertidal Zone (located approximately 600 meters north of the rocks at Cable Beach) (Intertidal Zone)

Yawuru, the Shire and DPaW

 

Birragun (Out of town Areas)

 

Yawuru and DPaW

Nagulagun (Marine Park Areas)

Yawuru and DPaW

 

 

The following are the current representatives on the YPC:

 

Yawuru Representatives:            Debra Pigram (Chair), Maxine Charlie and Dean Mathews.

 

Yawuru Proxies:                             Michael Corpus, Susan Edgar and Darren Puertollano.

 

Shire Representatives:                 Cr Harold Tracey and Kenn Donohoe.

 

Shire Proxies:                                  Cr Ron Johnston and Cr Chris Mitchell.

 

DPaW Representatives:               Alan Byrne, Darren Stevens and James Dobson.

 

DPaW Proxies:                               Anthony Richardson and Luke Puertollano

 

The Shire’s Policy 1.5.1 Yawuru Park Council Representation does not provide the Shire’s YPC Representatives with the ability to make decisions on the YPC that bind Council. Therefore, Council must endorse motions passed at all YPC meetings.

 

YPC minutes were last presented to the Shire of Broome for endorsement at the Ordinary Meeting of Council (OMC) on 28 July 2016 which included minutes for the YPC meetings held on 18 March 2015, 13 May 2015, 15 July 2015 and 25 February 2016.  Since the OMC on 28 July 2016, the YPC met on 7 July 2016.

 

COMMENT

 

The minutes of the YPC meeting held on 7 July 2016 are attached (Attachment 1).  At the meeting, the YPC considered the following items:

 

Item 4.  Action Item: 27 – 5.2 3/15 – Fire planning and land assembly issues

RECOMMENDATION:

 

That the YPC secretariats prepare a report detailing all encroachments on how to progress for the next YPC meeting.

 

Moved: Kenn Donohoe                                                               Seconded: Dean Mathews

 

Item 5.2 Recreation Master Plan Update

RECOMMENDATION:

 

The Yawuru Park Council supports the works outlined in the DRAFT Capital Works Program 2016/2017.

 

Moved: Kenn Donohoe                                                               Seconded:  Dean Mathews

 

Item: 6.1 Kavite Rd

RECOMMENDATION:

 

That this matter be referred to the YPCWG with recommendation that the working group identify a unified plan road reserve place in 60 days.

 

Moved: Dean Mathews                                                         Seconded: Kenn Donohoe

 

Item: 6.2 Simpson Beach

RECOMMENDATION:

 

Yawuru and SOB to develop a low key plan for an ‘opening’ or public announcement.

 

Moved: Kenn Donohoe                                                         Seconded: Dean Mathews

 

Item 7.1 Birragun Burru Conservation Park Management Plan Update

RECOMMENDATION:

 

YPC endorse the progression and finalisation of the plan for Ministerial approval.

 

Moved: Dean Mathews                                                         Seconded: James Dobson

 

Note that Item 7.1 relates to land that is joint managed by DPaW and Yawuru, and not the Shire.  Therefore, in accordance with the ILUAs, the Shire’s YPC representatives could not vote on the recommendation.  Accordingly, Council is not required to endorse this motion.

 

CONSULTATION

 

The YPC comprises representatives from Yawuru, the Shire and DPaW, working collaboratively to manage the Yawuru Conservation Estate.

 

STATUTORY ENVIRONMENT

 

Land Administration Act 1997

Section 46.  Care, control and management of reserves

(1)   The Minister may by order place with any one person or jointly with any 2 or more persons the care, control and management of a reserve for the same purpose as that for which the relevant Crown land is reserved under section 41 and for purposes ancillary or beneficial to that purpose and may in that order subject that care, control and management to such conditions as the Minister specifies.

(2)   The Minister may, with the consent of the management body of a reserve and of the holders of any interests within the reserve, by order vary any condition to which the care, control and management of the reserve is subject.

(3)   The Minister may —

(a)  by order confer on a management body power, subject to section 18, to grant a lease or sublease or licence over the whole or any part of the Crown land within the reserve in question for the purposes referred to in subsection (1); and

(b)  approve a mortgage of any such lease.

(3a)  The Minister may by order —

(a)  without the consent of the management body of a reserve, vary —

(i)    an order made under subsection (3)(a); or

(ii)   an order made under section 33 of the repealed Act or section 42 or 43 of the Land Act 1898 7 that subsists as an order made under subsection (3)(a),

in relation to whether or not prior approval in writing of the Minister is required to a grant of a lease, sublease, or licence; or

(b)  with the consent of the management body of a reserve, vary any other condition to which —

(i)    an order made under subsection (3)(a); or

(ii)   an order made under section 33 of the repealed Act or section 42 or 43 of the Land Act 1898 7 that subsists as an order made under subsection (3)(a),

              is subject.

(3b) The Minister’s approval under section 18 is not required for the exercise of a power conferred under subsection (3)(a) unless —

(a)  the person on whom the power is conferred is —

(i)    a body corporate that is constituted for a public purpose under an enactment and is an agency of the Crown in right of the State; or

(ii)   a person referred to in subsection (10)(b),

              and the order provides that the Minister’s approval under section 18 is required; or

(b)  the person on whom the power is conferred is a person other than a person referred to in paragraph (a).

(4)   If an unmanaged reserve is the subject of —

(a)  a lease granted under section 47; or

(b)  a licence, or a lease or profit à prendre, granted under section 48,

or of any other interest in the unmanaged reserve, the Minister may under subsection (1) place the care, control and management of that reserve with a management body subject to that licence, lease or profit à prendre or other interest, the term of which continues unbroken by that placing.

(5)   An order made under subsection (1), (2), (3) or (3a) does not create any interest in Crown land in the relevant reserve in favour of the management body of that reserve.

(6)   If Crown land reserved under section 41 for the purpose of recreation is leased or subleased under a power conferred under subsection (3), the lessee or sublessee may, unless the terms of the management order or the lease or sublease otherwise provide, restrict public access to the area leased.

(7)   A person with whom the care, control and management of a reserve is placed by order under subsection (1) has, by virtue of this subsection, the capacity, functions and powers to hold and deal with the reserve in a manner consistent with the order, any order conferring power on that person under subsection (3)(a) and this Act to the extent that the person does not already have that capacity or those functions and powers.

(8)   Subsection (7) does not authorise a management body to perform a function or exercise a power if another enactment expressly prevents the person from performing that function or exercising that power, or expressly authorises another person to perform that function or exercise that power.

(9)   Any instrument in relation to the care, control and management of a reserve entered into or given by a person holding an office referred to in subsection (10)(b)(i) or (iii) is taken to have been entered into or given by the person for the time being holding that office.

(10) In subsection (1), a reference to a person is a reference to —

(a)  a person having perpetual succession;

(b)  a person not having perpetual succession who is —

(i)    a Minister to whom the Act specified in the relevant order is for the time being committed by the Governor; or

[(ii)  deleted]

(iii)  a person holding a prescribed office.

(11) If an order made under section 33 of the repealed Act subsists under clause 16(1) of Schedule 2 as if it were a management order under section 46(1), the Minister may by order vary that order to place the care, control and management of the reserve the subject of the order with a person referred to in subsection (10).

(12) An order made under section 46(1) before the coming into operation of section 12 of the Land Administration Amendment Act 2000 1 may be varied by the Minister by order to place the care, control and management of the reserve the subject of the order with a person referred to in subsection (10).

 

Conservation and Land Management Act 1984

Section 33. CEO, functions of

(1)   The functions of the CEO are, subject to the direction and control of the Minister —

(f)   to provide advice to, or undertake work for or jointly with, and to supply services or facilities to, any department, public or private body or other person, whether in the State or elsewhere if the Minister is of the opinion that the provision of that advice or the undertaking of that work is in the public interest;

 

POLICY IMPLICATIONS

 

Nil.

 

FINANCIAL IMPLICATIONS

 

Nil.

 

RISK

 

Should Council fail to endorse motions passed at a YPC meeting, this may impact on the relationship between the Shire and Yawuru and DPaW.

 

STRATEGIC IMPLICATIONS  

 

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

 

Effective communication

 

A healthy and safe environment

 

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

 

Sustainable and integrated strategic and operational plans

 

Responsible resource allocation

 

Effective community engagement

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council receives the minutes of the Yawuru Park Council meeting held on 7 July 2016, and endorses the all motions except for Item 7.1 passed by the Yawuru Park Council at this meeting.

 

 

Attachments

1.

Draft Minutes of the YPC meeting held on 7 July 2016

  


Item 10.1 - YAWURU PARK COUNCIL PROGRESS REPORT - JUNE 2016 MINUTES

 

 

Yawuru Park Council

Meeting Minutes

 

Meeting no: 31

Meeting location: Nyamba Buru Yawuru

Meeting date: 07 July 2016

Meeting start: 9:30am

Meeting end: 10:46am

 

 

Attendees:

Yawuru                         Debra Pigram (DP), Dean Matthews (DM)

Broome Shire               Ron Johnson (RJ), Kenn Donohoe (KD)  

DPaW                           James Dobson (JD), Alan Byrne (AB), Luke Puertollano (LP)

 

Apologies:

Maxine Charlie

 

 Guests / Observers:

Julie Melbourne, Trudi Ridge, Melanie Edgar, Aletta Nugent,

                                     

1.   WELCOME AND APPOLOGIES

1.1. Opening and welcome

Meeting opened by Chair Deb Pigram.

 

2.   ATTENDANCE AND APPOLOGIES

2.1. Role of persons present (YPC representative/ alternative/ proxy, associate member, observer etc)

Nyamba Buru Yawuru: Debra Pigram (Chair), Dean Matthews (representative), Julie Melbourne (observer)

 

Shire of Broome: Kenn Donohoe (representative), Ron Johnson (Proxy), Trudi Ridge (observer), Aletta Nugent

 

Department of Parks and Wildlife: Jimmy Dobson (representative), Alan Byrne (representative), Luke Puertollano (representative), Melanie Edgar (observer)

2.2. Apologies

Maxine Charlie, Harold Tracy

 

 

 

3.   MINUTES OF PREVIOUS MEETINGS

1.1. Review and adoption of 15/7/2015 minutes

Moved- KD

Seconded- DM

4.   ACTIONS ARISING

Action Item:

27- 5.2 3/15 Fire planning and land assembly issues

ACTION: SOB to develop an encroachment plan to be completed by the end of the year – ongoing

 

NEW RESOLUTION: that the YPC secretariats prepare a report detailing all encroachments on how to progress for the next YPC meeting 

 

27-9.3 3/15 - SOB Storm water Drainage update

ACTION: to have this as an item in the next YPC

 

Moved: KD                                               Seconded: DM

5.   CONSERVATION ESTATE- MATTERS ACROSS ALL TENURE

5.1. 2015/16 Budget update –no briefing note

 

Minyirr Buru (In-Town Conservation Estate) and Cable Beach Intertidal Area

 

Birragun (Out-of-Town Conservation Estate), and Nagulagun (Marine Park).

 

REPORT RECOMMENDATION:

.

 

Moved: KD                                                     Seconded: DM

 

ACTION:

 

 

 

 

 

5.2. Recreation Master Plan Update

Minyirr Buru (In-Town Conservation Estate) and Cable Beach Intertidal Area

Birragun (Out-of-Town Conservation Estate), and Nagulagun (Marine Park)

 

REPORT RECOMMENDATION:

 

The Yawuru Park Council Supports the works outlined in the DRAFT Capital Works Program 2016/17

 

 

Moved: KD                                                                                   Seconded: DM

 

ACTION:

5.3. Ranger update (no briefing note – ranger presentation)

 

6.   MINYIRR BURU (IN TOWN CONSERVATION ESTATE) AND CABLE BEACH INTERTIDAL AREA.

6.1 Kavite Rd

 

Minyirr Buru (In-Town Conservation Estate) and Cable Beach Intertidal Area

 

REPORT RECOMMENDATION:

That this matter be referred to the YPCWG with recommendation that the working group identify a unified plan road reserve place in 60days

 

Moved: DM                                                                                                                           Seconded: KD

ACTION: That this matter be referred to the YPCWG with recommendation that the working group identify a unified plan road reserve place in 60 days

 

6.2 Simpson Beach

Yawuru has strongly advised that they want to keep this area a low key location for locals to enjoy.

 

Minyirr Buru (In-Town Conservation Estate) and Cable Beach Intertidal Area

 

REPORT RECOMMENDATION:

 

Yawuru and S.O.B to develop a low key plan for an ‘opening’ or public announcement.

Moved: KD                                                                                                                Seconded: DM

 

ACTION: Yawuru and S.O.B to develop a low key plan for an ‘opening’ or public announcement.

 

 

 

 

7.   BIRRAGUN (OUT OF TOWN CONSERVATION ESTATE) AND NAGULAGUN (MARINE PARK

7.1 Birragun Burru Conservation Park Management Plan Update.

Minyirr Buru (In-Town Conservation Estate) and Cable Beach Intertidal Area

 

REPORT RECOMMENDATION:

 

YPC endorse the progression and finalisation of the plan for Ministerial approval

Moved:  DM                                                                                                                Seconded: JD

 

8.   MATTERS IN CONFIDENCE

 

9.   MEETING CLOSURE,

10:46AM

 

10. Next meeting

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Action #

Outcome / Recommendation

Lead

Working Group

Critical Date

Completed

27-5.2 3/15

Fire Planning and land assembly issues

 

Yawuru and SOB meet to address the issues identified in the fire management “issues paper” to inform the Senior Officers Group (SOG) of a way forward before April.

 

NBY / SoB

NBY / SoB

ASAP

ongoing

27-5.4 3/15

YPC and JMB formations

YPCWG completes the recommendations stipulated in agenda item 5.4 regarding the creation of a JMB and associated ILUA impacts

DPaW

NBY / DPaW / SoB

 

Ongoing

27-9.3 3/15

SoB Stormwater Drainage update

Working Group to be formed to include all relevant users and service providers to develop an integrated drainage assessment model that includes all aspects to develop a workable agreed policy option for discussion.

 

SoB

 SoB

 

Ongoing

27-9.3 3/15

SoB Stormwater Drainage update

That the Daft Management Orders be provided to Yawuru for approval prior to finalization

SoB

NBY / SoB

 

Ongoing

30-5.1 2/16

15/16 Budget update

JD to email draft priority project list to YPC members along with the previous email

DPaW

DPaW

ASAP

Completed

30-5.1 2/16

15/16 Budget update

The SOB to Clarify Council Resolutions and work through with the WG and bring back to the next YPC meeting in April 2016

 

SoB

SoB / NBY / DPaW

First WG meeting.

April YPC.

Completed

30-5.2 2/16 Rec Master Plan Update

Bring an asset management plan structure/template that SOB uses to the next WG meeting

 

SoB

SoB / NBY / DPaW

First WG meeting

Completed

30-5.2 2/16 Rec Master Plan Update

YPCWG to workshop the recommended amendments and report back to SOG

DPaW

SoB / NBY / DPaW

April SOG meeting

Completed

30-6.1 2/16 Simpson Beach

YPC to formally advise KPA of funding contribution and allocation

DPaW

DPaW

ASAP

Completed

 

 

 

 

 

 

Action #

Outcome / Recommendation

Lead

Working Group

Critical Date

Completed

27-5.2 3/15

Fire Planning and land assembly issues

 

Yawuru and SOB meet to address the issues identified in the fire management “issues paper” to inform the Senior Officers Group (SOG) of a way forward before April.

 

NBY / SoB

NBY / SoB

ASAP

ongoing

27-5.4 3/15

YPC and JMB formations

YPCWG completes the recommendations stipulated in agenda item 5.4 regarding the creation of a JMB and associated ILUA impacts

DPaW

NBY / DPaW / SoB

 

Ongoing

27-9.3 3/15

SoB Stormwater Drainage update

Working Group to be formed to include all relevant users and service providers to develop an integrated drainage assessment model that includes all aspects to develop a workable agreed policy option for discussion.

 

SoB

 SoB

 

Ongoing

27-9.3 3/15

SoB Stormwater Drainage update

That the Daft Management Orders be provided to Yawuru for approval prior to finalization

SoB

NBY / SoB

 

Ongoing

30-5.1 2/16

15/16 Budget update

JD to email draft priority project list to YPC members along with the previous email

DPaW

DPaW

ASAP

Completed

30-5.1 2/16

15/16 Budget update

The SOB to Clarify Council Resolutions and work through with the WG and bring back to the next YPC meeting in April 2016

 

SoB

SoB / NBY / DPaW

First WG meeting.

April YPC.

 

30-5.2 2/16 Rec Master Plan Update

Bring an asset management plan structure/template that SOB uses to the next WG meeting

 

SoB

SoB / NBY / DPaW

First WG meeting

 

30-5.2 2/16 Rec Master Plan Update

YPCWG to workshop the recommended amendments and report back to SOG

DPaW

SoB / NBY / DPaW

April SOG meeting

 

30-6.1 2/16 Simpson Beach

YPC to formally advise KPA of funding contribution and allocation

DPaW

DPaW

ASAP

completed

30-6.2 2/16

Cable Beach Quad Tours

JD to send a written advice letter on behalf of the YPC to the SOB within the next 30 days (due before 25/3/2016

DPaW

DPaW

25/3/2016

 

 

 


Agenda – Ordinary Meeting of Council 25 August 2016                                                                             Page 609 of 609

11.       Notices of Motion

 

 

12.       Business of an Urgent Nature  

 

 

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

 

 

14.       Matters Behind Closed Doors

  

 

15.       Meeting Closure