Supplementary Agenda of Ordinary Meeting

Agenda – Ordinary Meeting of Council 27 October 2016 Page 6 of 11

12. Business of an Urgent Nature

12.1 UPDATE ON 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: 24 October 2016

SUMMARY: Council is requested to consider endorsing an amendment to the established Memorandum of Understanding and draft Terms of Reference for the Project Control Group in relation to the Broome Growth Plan. Further, given the current status of the Broome Growth Plan, Council is requested to seek an extension to the submission deadline of 31 October 2016.

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

OMC 25 August 2016 Item 9.3.1

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, 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 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 does not commit the Shire to any resources beyond in-kind resources. 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 initially 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; and

· Department of Regional Development - Executive Director Regional Investment.

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 and Director Development Services;

· 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 (Attachment 3) 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 4), 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 was an alteration to the existing MOU, Council was requested to consider endorsing this amendment to the Governance structure and MOU at the OMC held 25 August 2016. Council resolved the following at this meeting:

Council Resolution:

(Report Recommendation)

Moved: Cr D Male Seconded: Cr C Mitchell

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.

CARRIED UNANIMOUSLY 8/0

At the last meeting of the GPP held on 17 October 2016, the GPP endorsed proposed amendments to the MOU and endorsed drafted Terms of Reference for the PCG. Council is now requested to consider endorsing these two documents.

COMMENT

The minutes of the GPP meeting held on 17 October 2016 are attached (Attachment 5) for Council’s information. Item 2.1 notes that “the GPP endorsed the revised MOU and Terms of Reference on the proviso that the appropriate title of the Yawuru entity be consistently applied with the relevant logos throughout both documents.” The documents have since been updated to reflect these changes.

In brief, the original MOU outlined the agreed principles to be abided to by the signatories and further stipulated the roles and responsibilities of each partner. The revised document now clarifies the following with regard to Yawuru’s role in the process:

· Yawuru brings a unique understanding of challenges and opportunities facing the region’s indigenous people, but will promote the interests of the entire Broome region’s community in the Broome Growth Plan.

Further, the MOU specifies who the participating bodies are within the GPP and the membership of the PCG. The document has been updated to clarify these matters with the intended and now current addition of NBY as a partner. It is recommended Council endorse the revised MOU and authorise the Shire President and Chief Executive Officer to engross the documentation.

The MOU does state both the GPP and PCG are to establish their own terms of reference and the terms of reference for the PCG (Attachment 6) has now been completed and endorsed by the GPP. This document outlines the membership, meeting protocols, voting requirements and disclosure of interest requirements. The purpose of the PCG is outlined below:

· The Project Control Group will be responsible for managing the operational delivery of the Growth Plan by the Lead Consultant in accordance with the approved project plan and budget and direction provided by the Growth Plan Partnership.

It is recommended Council endorse the draft Terms of Reference for the PCG.

On a final matter, the current status of progress on the Growth Plan means it will more than likely not be possible to have a final draft ready for submission by 31 October 2016. The draft Growth Plan document is well advanced but competing comments on the draft by PCG and GPP members need to be resolved. Also, not all of the sub-consultancy reports informing the Growth Plan have been finalised. At the time of writing this report, the status and best estimate on the completion of sub-consultancy reports is as follows:

Sub Consultant	Expected Finalisation Date
Urbis – Economic analysis	· Midday Wednesday 26^th October 2016
GHD - Infrastructure	· Thursday 27^th or Friday 28^th October 2016
RPS - Environment	· Finalised
Creating Communities – Stakeholder and community engagement	· Finalised
Carpe Diem – Education and training	· Finalised
Marella – Health and wellbeing	· Finalised
Haeberlin - Tourism	· Some draft content provided · Finalised C.O.B Friday 28^th October 2016
Lockie McDonald – Arts and Culture	· Draft report provided · Uncertain when it will be finalised
AgKnowledge – Agriculture and Aquaculture, including economic rationale for Agriculture.	· Date of report to be determined. · Summary content and findings may be sufficient to include in Growth Plan, but uncertain when this will be received.
ALCES	· Work being undertaken to confirm that the initiatives we are proposing will fulfil scenario 3. · Draft to be provided approximately by Friday 28^thOctober 2016.

The GPP have a scheduled meeting on 28 October 2016 where it is intended that endorsement of the draft Growth Plan for submission will occur, however given the extent of feedback received to date and the outstanding sub-consultancy reports it is unlikely the GPP will be in a position to endorse the Growth Plan. The volume of documentation to be reviewed is significant and will be time consuming. Nevertheless, it is possible the GPP members may decide to endorse the current draft.

Furthermore, the MOU clearly states that the Shire of Broome “will consider adoption of the final draft Growth Plan by Local Government Council resolution and submit the final draft Growth Plan to the Kimberley Development Commission.” The KDC is then stated to be responsible for submitting of the final draft Growth Plan to the RCDP Steering Committee.

At the Ordinary Meeting of Council held 25 August 2016, it was also resolved to:

“Request 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.”

The intended process prior to submission to KDC is therefore for the GPP to endorse the draft Broome Growth Plan and subsequently present the minutes of the GPP meeting to the Economic Development Advisory Committee for recommendation to Council for endorsement of the document.

It may not be achievable to have this process completed by 31 October 2016 and hence Council is requested to seek an extension of time to 25 November 2016 from the Executive Chair of the Regional Centres Development Plan if required. This timeframe aligns with the next scheduled Economic Development Advisory Committee meeting to be held on 15 November 2016 and the Ordinary meeting of Council to be held on 24 November 2016. Officer level discussions indicate an extension would be granted.

CONSULTATION

Herbert Smith Freehills

LandCorp

KDC

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

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;

(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
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. An extension to the submission timeframe may impact on the reputation of the Shire with the State government and other stakeholders, however on balance of submitting a rushed, potentially unfinished document, an extension of time is preferred. The process of consultation with EDAC is also recommended to continue to ensure community feedback and input is maintained.

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. Endorses the attached revised Memorandum of Understanding in relation to the Broome Growth Plan between the Shire of Broome and the following partners:

· Kimberley Development Commission;

· Department of Planning;

· LandCorp;

· Department of Regional Development; and

· Yawuru Registered Native Title Body Corporate.

2. Endorses the attached Terms of Reference for the Broome Growth Plan - Project Control Group; and

3. Acknowledges the efforts of all Broome Growth Plan partners to progress the finalisation of the Draft Broome Growth Plan, however given the current status of progress, and if required, authorises the Chief Executive Officer to seek an extension of time for submission of the draft document up until 25 November 2016 from the Executive Chair of the Regional Centres Development Plan, either through the Growth Plan Partnership or directly.

Attachments

1.	Signed MOU - Broome Growth Plan
2.	Minutes of GPP held 9 June 2016
3.	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”.
4.	Minutes of GPP held 14 July 2016
5.	Revised GPP MOU
6.	Draft PCG Terms of Reference

Item 12.1 - UPDATE ON BROOME GROWTH PLAN PARTNERSHIP

Revised GPP MOU

Memorandum of Understanding

between the:

• Shire of Broome

• Kimberley Development Commission

• Department of Planning

• LandCorp

• Department of Regional Development

• Yawuru Registered Native Title Body Corporate

in relation to the –

Broome Growth Plan

Purpose

This Memorandum of Understanding (MOU) is between the Shire of Broome, Kimberley Development Commission, Department of Planning, LandCorp, the Department of Regional Development and Yawuru Registered Native Title Body Corporate (Yawuru PBC).

The purpose of the MOU is to:

· Provide for an agreement for each party to partner in the development of a Growth Plan for the future economic and social development of Broome and its economic activity area.

Background

The State Planning Strategy 2050 identifies Western Australia’s network of Regional Centres and Sub-regional Centres, and RCDP and Pilbara Cities supports those of the highest strategic importance to the State’s economy and regional communities. The State Planning Strategy 2050 identifies the need for these strategic regional centres to build on their competitive and collaborative advantages to support sustained growth and prosperity of Western Australia.

The RCDP Framework provides a platform for the establishment of Growth Plan Partnerships and the development of Growth Plans through RCDP and Pilbara Cities. It is being implemented by the State Government to provide the necessary economic and strategic planning and partnerships to meet the objectives of the State Planning Strategy 2050 and Regional Blueprints with respect to strategic regional centres. The Growth Plan is designed to unlock growth potential in a 21^st century global economy, and require commitment across sectors to both develop the plan and implement it.

The outcome required is a comprehensive strategic economic and social development plan for Broome as a regional centre. It will identify objectives for economic and population growth, establish actions which are realistic and capable of being executed within an agreed time frame, and that are based on a defensible and comprehensive economic and social analysis.

The Growth Plan will note and have regard to the economic and social connections with communities within the boundaries of the Shire of Broome and its economic activity area.

Participation in this MOU also incorporates a commitment by the parties to cooperate in the implementation of the Growth Plan following formal acceptance by Local Government Council resolution, adoption by the Board of the Kimberley Development Commission and noting by the Western Australian Planning Commission (WAPC) on endorsement by the RCDP Steering Committee.

Signatories

Signatories to this MOU are authorised by each participating body through appropriate resolution or delegation.

Timeframe

The agreement commences on the date of the signing of the MOU by all parties and is applicable until the Broome Growth Plan is noted by the WAPC.

Nothing in the MOU prevents the parties changing any provision by mutual agreement at any time.

Objectives

The objectives of this agreement are:

1. Creation of a collaborative partnership to investigate, develop and promote a Growth Plan for Broome as a regional centre.

2. Widely engage with industry and community stakeholders to promote the concept of a Growth Plan, build ownership, and obtain stakeholder input into the development of the plan.

3. Produce a Growth Plan based on well researched economic and social development strategies for Broome by 31 October 2016.

4. Develop a brand and marketing suite to promote and broker investment in Broome and its region.

5. Collaborate with other regional centres to advance economic opportunities and to share knowledge.

Agreed Principles

Signatories agree to:

1. Use their best endeavours to achieve a collaborative partnership committed to the objectives of the MOU.

2. To operate on an inclusive basis, seeking the views and aspirations of industry, community and other government stakeholders.

3. Cooperate and share information with other participants in the RCDP program as appropriate in the interests of building a state wide collegiate approach to regional growth and economic development.

4. Recognise the Kimberley Regional Investment Blueprint as the guiding regional economic and social development strategy.

Resourcing Commitments

Signatories to this MOU will commit sufficient resources, which will be agreed between the parties, to undertake their role as specified in this MOU to achieve the Objectives, including the support of the Growth Plan Partnership and to the development and review of a Growth Plan.

Project Funding

Funding will be made available through the Royalties for Region RCDP Program, subject to the RCDP Steering Committee endorsing this executed MOU, a project plan and a budget for preparing a Growth Plan.

Funding will be administered by LandCorp in accordance with the approved project plan and budget, and in consultation with the Growth Plan Partnership.

Additional work outside of the scope of works described in the project plan approved by the RCDP Steering Committee is to be resourced and funded by the Signatories, unless approved by the RCDP Steering Committee as a variation to the approved project plan.

Roles and Responsibilities

RCDP Steering Committee

The RCDP Steering Committee has been established to provide oversight of RCDP. It is responsible for approving the Growth Plan project plan and budget, and any variations. The RCDP Steering Committee is required to approve the final Growth Plan prior to its referral by the Growth Plan Partnership to the Western Australian Planning Commission for noting.

The RCDP Steering Committee is also responsible for the provision of advice to the Regional Development Council and to the Minister for Regional Development and the Minister for Planning.

The Steering Committee membership includes:

· A member of the Regional Development Council (Executive Chair)

· The Director General, Department of Regional Development

· The Chair, Western Australian Planning Commission

· The Director General, Department of Planning

· The Chief Executive Officer of LandCorp

Regional Development Commission

The Kimberley Development Commission will support the development of the plan through participation in the Growth Plan governance groups, adopt the final draft Growth Plan by resolution of the Board and submit the final draft Growth Plan to the RCDP Steering Committee.

Upon approval of the Growth Plan by the RCDP Steering Committee, the Kimberley Development Commission is to ensure the Growth Plan Partnership refers the Growth Plan to the WAPC for noting.

The Kimberley Development Commission will nominate a Board Member and the CEO to the Growth Plan Partnership and will nominate staff to provide technical and administrative support as required.

The Kimberley Development Commission is responsible for strategic alignment and integration of the Growth Plan and Regional Blueprint, and promoting and brokering investment in the Broome as a regional centre.

Shire of Broome

The Shire of Broome will consider adoption of the final draft Growth Plan by Local Government Council resolution and submit the final draft Growth Plan to the Kimberley Development Commission.

The Shire of Broome is responsible for strategic alignment and integration of the Growth Plan and Local Government’s integrated planning framework, and promoting and brokering investment in Broome.

The Shire of Broome will nominate one elected representative and the CEO to the Growth Plan Partnership and will nominate staff to provide technical and administrative assistance as required.

LandCorp

In relation to this MOU LandCorp will:

a) provide project management services in accordance with the project plan approved by the RCDP Steering Committee in March 2015, for which LandCorp will be remunerated; and

b) nominate a representative to the Growth Plan Partnership to provide, on request, technical support and advice in relation to principles of land development economics, identification of development opportunities and advice in relation to brand development for investment attraction.

c) nominate staff to provide technical and administrative support as required.

d) administer funding in accordance with the Broome Growth Plan Partnership’s approved project plan and budget, and in consultation with the Broome Growth Plan Partnership.

Yawuru PBC

a) The Yawuru RNTBC (ICN 7033) is the registered prescribed body corporate (the Yawuru PBC) for the determination of native title over Broome and its environs by the Federal Court of Australia and holds native title rights and interests in trust for the Yawuru Native Title Holders.

b) The CEO is authorised by the Board as a participant in the Growth Plan Partnership under this MOU and will be assisted by other staff as required.

c) Yawuru undertakes to report to, obtain instructions, consult and seek consent from its Board, the PBC and the Yawuru Community as required on the final draft Growth Plan.

d) Yawuru brings a unique understanding of challenges and opportunities facing the region’s indigenous people, but will promote the interests of the entire Broome region’s community in the Broome Growth Plan.

Department of Planning

The Department of Planning will, on request, nominate a representative to the Growth Plan Partnership to provide technical advice in relation to urban and regional land use research, data, information and planning, and strategic advice on alignment and integration with land use planning policy and strategy frameworks, and infrastructure coordination.

Department of Regional Development

The Department of Regional Development will, on request, nominate a representative to the Growth Plan Partnership to provide technical advice in relation to regional development research, data and information, and strategic advice on alignment and integration with regional development policy and strategy frameworks.

Governance and Decision Making

Growth Plan Partnership

A Growth Plan Partnership will be established to oversee the development of the project and ensure that it meets the objectives of this MOU. In accordance with the Roles and Responsibilities outlined above the participating bodies are:

· Shire of Broome

· Kimberley Development Commission

· LandCorp

· Department of Planning

· Department for Regional Development

· Yawuru PBC

The Growth Plan Partnership will undertake a stakeholder engagement and consultation program to involve industry and community stakeholders within the Broome and its economic activity area, and ensuring their views are incorporated into the development of the Growth Plan.

The Growth Plan Partnership will set its own terms of reference to effectively oversee the project’s delivery.

The Growth Plan Partnership will submit bi-monthly progress reports through the Program Coordinator to the RCDP Steering Committee.

The Growth Plan Partnership will be required to endorse the Growth Plan prior to referring it to the RCDP Steering Committee.

Upon approval of the Growth Plan by the RCDP Steering Committee the Growth Plan Partnership will refer the approved Growth Plan to the WAPC for noting.

Project Control Group

The Project Control Group will be responsible for managing the operational delivery of the Growth Plan by the Lead Consultant in accordance with the approved project plan and budget and direction provided by the Growth Plan Partnership.

Membership of the Project Control Group will be:

· Tim Bray Kimberley Development Commission

· Sam Mastrolembo Shire of Broome

· Aletta Nugent Shire of Broome

· Simon Proud LandCorp

· Howard Pedersen Yawuru PBC

· Other Stakeholders - as required

Representatives of other organisations (eg DoP and DRD) may be invited to attend from time to time.

The Project Control Group will establish its own terms of reference.

The Project Control Group will provide the RCDP Program Coordinator a monthly progress report.

Dispute Resolution

All parties agree to use best endeavours to resolve disputes. Disputes of a technical or strategic nature within the Project Control Group will be referred to the Growth Plan Governance Group for Resolution. Disputes are to be resolved on the basis of the intent of the RCDP, and the objectives set out in this MOU.

Media and Communications

All Signatories will undertake communications relating to Growth Plans in accordance with a communications plan approved by the Growth Plan Partnership and by the Department of Regional Development.

All media communications in relation to the Broome Growth Plan will be undertaken in accordance with that agreed communications plan, agreed key messages and in consultation with other relevant signatories when appropriate and if time permits.

Royalties for Regions (RfR) funding recipients are required to acknowledge the funding provided by the Western Australian Government, in accordance with the approved format.

Legal Facilitation

The MOU is not intended to be a legal document. It is an administrative document that seeks to ensure mutually beneficial working arrangements and to clarify the relationship between the parties to this MOU in view of their responsibilities under the Local Government Act 1995 and other relevant legislation.

The MOU is not intended to define, create, recognise, affirm, deny or amend any rights or obligations of the parties or any other individual or group nor restrict any of the parties from participation in similar activities or arrangements with other public or private agencies or parties.

The parties to this MOU agree that that it does not otherwise or in any way vary and amend the respective contractual rights , responsibilities and obligations of the parties to the the Yawuru Body Corporate and Area Indigenous Land Use Agreements dated the 25 February 2010 to the extent that they are participants herein under.

Item 12.1 - UPDATE ON BROOME GROWTH PLAN PARTNERSHIP

Draft PCG Terms of Reference

Broome Growth Plan Project Control Group

Terms of Reference

October 2016

Broome Growth Plan – Project Control Group

Membership	-	Deputy Chief Executive Officer Shire of Broome Director Development Services Shire of Broome Simon Proud LandCorp Tim Bray Kimberley Development Commission Howard Pedersen Yawuru Registered Native Title Body Corporate (Yawuru PBC) Other stakeholders As required Representatives of other organisations (e.g. Department of Planning and Department Regional Development) may be invited to attend from time to time.

Chairperson	-	Simon Proud, LandCorp
Officer Responsible	-	Simon Proud, LandCorp
Administration	-	Creating Communities (Lead Growth Plan Consultant)
Meeting Schedule	-	Once a month, or as required
Meeting Location	-	Kimberley Development Commission Offices, Broome and/or via teleconference
Quorum	-	3 members with a minimum of one representative from each of the Shire of Broome, LandCorp and Kimberley Development Commission If a quorum cannot be achieved the meeting shall be rescheduled.
Delegated Authority	-	Nil

FUNCTIONS:

1.0 NAME

The name of the Group is the Broome Growth Plan Project Control Group.

2.0 DISTRICT/AREA OF CONTROL

Local Government boundaries of the Shire of Broome.

3.0 VISION / PURPOSE

4.0 STATUTE

Local Government Act 1995.

Regional Development Commissions Act 1993.

Western Australian Land Authority Act 1992.

5.0 ESTABLISHMENT

A Memorandum of Understanding established the Growth Planning Partnership (GPP) to develop a Growth Plan for Broome. The GPP established the Project Control Group to assist it to develop a Growth Plan for Broome.

6.0 BACKGROUND

The Shire of Broome, the Kimberley Development Commission (KDC), Department of Planning, LandCorp and the Department of Regional Development have entered into a Memorandum of Understanding (MoU) in relation to the development and implementation of the Broome Growth Plan (BGP). The BGP will be a strategic regional centre growth plan which builds on the Kimberley Regional Blueprint prepared by the KDC and is aligned with the Shire’s Strategic Community Plan.

This document outlines the Terms of Reference for the PCG.

Words and meanings in this document have the same meaning as in the MoU.

7.0 FUNCTION

The PCG will advise and be responsible to the GPP for the operational delivery and coordination of the BGP including the promotional strategy and the effective engagement of industry, community and government stakeholders through agreed stakeholder mechanisms.

The Lead Consultant, in conjunction with PCG members, prepared a Project Plan (including budget and programme) for the delivery of the BGP. The Project Plan has been endorsed by the GPP and approved by the RCDP Steering Committee. The PCG shall review and provide feedback on implementation of the Project Plan in a timely manner to the GPP.

The Lead Consultant will provide advice to the PCG, and the PCG will provide day to day direction to the Lead Consultant.

The PCG shall have completed its role when the BGP is adopted by resolution of the Growth Plan Partnership, the Regional Growth Centres Steering Committee, the Board of the KDC and the Shire of Broome and any tasks, if agreed by the GPP to be completed after submission of the Growth Plan, are accepted as completed by the GPP.

8.0 TENURE OF MEMBERSHIP

Where a person is appointed as a member of the BGP PCG, the person’s membership of the PCG continues until —

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

· The person resigns from membership of the PCG.

· The PCG is disbanded.

Staff may be appointed and removed from the PCG by the Chief Executive Officer/s of the functional area responsible for the PCG.

9.0 GENERAL

9.1 Support for Project Control Group Meetings

The Lead Consultant, Creating Communities, will issue invitations and prepare agendas and minutes. The Kimberley Development Commission will provide the venue, equipment and catering (when applicable) for PCG meetings held in Broome.

If a PCG meeting is held in Perth, LandCorp will provide the venue.

9.2 Project Control Group Meetings

PCG meetings will be convened as required for the duration of the PCG role. Unless agreed otherwise, meetings will be scheduled monthly and/or to align with key milestone dates.

Meetings will be scheduled and invites issued by Creating Communities on behalf of the PCG Chair. Meeting invitations should be issued with at least 5 working days prior notice.

PCG meetings will generally occur face to face however telephone/video link is acceptable.

PCG members will act in a collaborative, inclusive and cooperative manner to provide input into the development of the BGP.

9.3 Agenda Items

All PCG agenda items should be forwarded to Creating Communities 7 full working days prior to the next scheduled meeting, unless agreed otherwise by the Chair.

The PCG meeting agenda, with attached meeting papers should be distributed by Creating Communities, on behalf of the Chair, at least 5 full working days prior to the next scheduled meeting, unless agreed otherwise by the Chair.

Urgent matters can be considered at any time by agreement of the PCG.

9.4 Minutes

The minutes of each PCG meeting will be prepared by Creating Communities.

Full copies of the Minutes, including attachments, shall be provided to all PCG members no later than 5 working days following each meeting.

PCG members shall advise the Chair of any requested amendments to the minutes within 5 working days from receiving the minutes.

9.5 Accountability

Members of the PCG are responsible for reporting back to their individual organisations on the activities and decisions of the PCG.

9.6 Reporting

The PCG is required to submit a monthly progress report to the GPP. The Lead Consultant, in consultation with LandCorp, will prepare and submit the monthly progress reports and provide a copy to the PCG and GPP members.

9.7 Costs of Attendance

The budget for the preparation of the Broome Growth Plan includes for the cost of attendance at PCG meetings for the Lead Consultant (and invited experts) only. Note that attendance by the Lead Consultant or other persons not in Broome will ordinarily be by teleconference unless otherwise agreed by the Chair.

Accordingly, unless agreed otherwise by the Project Steering Committee, all costs associated with convening of, and attendance at, PCG meetings (including travel and incidental expenses) shall be the responsibility of each PCG member organisation (Lead Growth Consultant excepted).

9.9 Dispute Resolution

In general terms a dispute is a disagreement between PCG members on an agreed action.

All parties agree to use best endeavours to resolve disputes. PCG members may elevate their concerns on PCG decisions to the Growth Plan Partnership but shall do so in writing through the PCG chair and with supporting information.

Disputes of a technical or strategic nature within the Project Control Group will be referred to the GPP for resolution. Disputes are to be resolved on the basis of the intent of the RCDP, and the objectives set out in this MOU.

10.0 DELEGATED AUTHORITY

The GPP has full and final authority for the development of the Growth Plan within the constraints of the Project Plan and funding approved by the Regional Centres Development Plan Steering Committee. The GPP may delegate authority to appoint and pay sub consultants within a budget approved by the GPP, as the GPP sees fit. The PCG is responsible for providing day to day direction to the lead consultant in accordance with previous decisions of the GPP.

10.4 Decisions

PCG decisions shall be by consensus. If a consensus cannot be reached the matter is to be referred to the next meeting of the GPP for resolution.

Decisions of the PCG are to be recorded in the minutes.

10.5 Notes of Meetings

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

The Meeting Notes may be approved by the Chair after the completion of the meeting. Once Meeting Notes have been approved they are to be distributed to the PCG.

The Meeting Notes are to be confirmed with or without amendment by a majority of members present at the next PCG meeting.

10.6 Who Acts if No Presiding Member

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

(a) the office of presiding member is vacant; or

(b) the presiding member is not available or is unable or unwilling to perform the functions of presiding member, then the PCG 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 PCG are required to declare any conflicts of interest in regard to matters discussed at the meeting, at the commencement of the meeting or immediately before the matter is to be discussed. All disclosures of interest should be made in writing on a declaration form and recorded in the minutes of the meeting.

A member who discloses a financial interest is not permitted to participate in the discussion on the matter or be involved in the decision making process, unless approved to do so by a unanimous decision of the other members. The other members in attendance may approve such participation should they decide the interest is so trivial or insignificant as to be unlikely to influence the disclosing member’s conduct in relation to the matter, or is common to a significant number of ratepayers within the Shire of Broome. The decision, relating to further participation, is to be recorded in the minutes of the meeting.

Chair Michael McConachy	Chief Executive Officer Jeff Gooding
_________________________________ Signature	_________________________________ Signature
Date	Date

Signed for and on behalf of LandCorp:	Signed for and on behalf of the Department of Regional Development:
Chief Executive Officer Frank Marra	Director General Ralph Addis
_________________________________ Signature	_________________________________ Signature
Date	Date

Signed for and on behalf of The Department of Planning:	Signed for and on behalf of Yawuru Registered Native Title Body Corporate:
Director General Gail McGowan	A/Chair Thomas ‘Unda’ Edgar
_________________________________ Signature	_________________________________ Signature
Date	Date