MISSION AND VALUES OF COUNCIL

 

"A Sustainable Community that is inclusive, attractive, healthy and pleasant to live in, that uses our land so as to preserve our history and environment, respects the rights and equality of our citizens and manages our future growth wisely."

 

CONFIRMED

MINUTES

 

 

OF THE

 

Ordinary Meeting of Council

 

15 December 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.

 


Minutes – Ordinary Meeting of Council 15 December 2016                                                                   Page 3 of 4

 

Councillor

Cr R Johnston

Cr H Tracey

Cr M Fairborn

Cr W Fryer

Cr E Foy

Cr D Male

Cr P Matsumoto

Cr C Mitchell

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

 

 

 

 

 

 

 

 

 

2016

25 August

 

 

 

 

LOA

 

 

 

 

2016

29 September

 

A

 

 

 

LOA

 

 

 

2016

27 October

 

 

 

 

 

 

 

LOA

 

2016

24 November

 

 

LOA

 

 

A

 

 

 

2016

15 December

 

 

 

 

A

 

 

 

A

 

·       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.]

 

 


MinutesOrdinary Meeting of Council 15 December 2016                                                                              Page 5 of 6

 

SHIRE OF BROOME

Ordinary Meeting of Council

Thursday 15 December 2016

INDEX – Minutes

 

1.               Official Opening.. 9

2.               Attendance and Apologies. 9

3.               Declarations Of Financial Interest / Impartiality. 9

12.1   MINUTES OF THE CHIEF EXECUTIVE OFFICER RECRUITMENT ADVISORY COMMITTEE MEETING HELD 14 DECEMBER 2016. 11

4.               Public Question Time. 139

5.               Confirmation Of Minutes. 140

6.               Announcements By President Without Discussion.. 140

7.               Petitions. 140

8.               Matters For Which The Meeting May Be Closed.. 140

9.               Reports of Officers. 142

9.1      Our People. 143

Nil

9.2      Our Place. 145

9.2.1     PROPOSED AMENDMENT NO. 6 TO LOCAL PLANNING SCHEME NO. 6 - INCLUSION OF AN ADDITIONAL USE ON LOT 302 FAIRWAY DRIVE, BILLINGURR. 146

9.2.2     REVIEW OF PARKING LOCAL PLANNING POLICIES FOLLOWING PUBLIC COMMENT PERIOD.. 204

9.2.3     TRADING, OUTDOOR DINING AND STREET ENTERTAINMENT LOCAL LAW 2016. 224

9.2.4     BROOME SURF LIFE SAVING CLUB BUILDING DEVELOPMENT - REQUEST FOR ASSISTANCE. 297

9.2.5     BROOME GOLF CLUB COMMUNITY ENGAGEMENT FOR PROPOSED RE-DEVELOPMENT ON THE CLUBHOUSE RESERVE. 320

9.2.6     PROPOSED LANEWAY CLOSURES - COMMUNITY ENGAGEMENT PLAN.. 440

9.2.7     CONSENT TO EASEMENT TO ENERGY DEVELOPMENTS PTY LTD FOR NATURAL GAS TRANSMISSION PIPELINE FROM  BROOME FUEL STORAGE FACILITY TO BROOME POWER STATION.. 465

9.3      Our Prosperity. 503

9.3.1     CHINATOWN REVITALISATION PROJECT - CULTURAL & INTERPRETIVE CENTRE FEASIBILITY PROJECT. 504

9.3.2     TRADING IN PUBLIC PLACES POLICY. 544

9.3.3     EXPRESSION OF INTEREST FOR 2017 WA REGIONAL TOURISM CONFERENCE. 574

9.4      Our Organisation.. 597

9.4.1     MONTHLY PAYMENT LISTING - NOVEMBER 2016. 598

9.4.2     MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT NOVEMBER 2016. 619

9.4.3     OBJECTION TO THE RATE RECORD - NON-RATEABLE LAND UNDER SECTION 6.26(2)(G) - RATES EXEMPTION APPLICATION 2014/2015 - THE RETURNED & SERVICES LEAGUE OF AUSTRALIA.. 737

9.4.4     OBJECTION TO THE RATE RECORD - NON-RATEABLE LAND UNDER SECTION 6.26(2)(G) - RATES EXEMPTION APPLICATION 2014/2015 - TRUSTEES OF THE GRAND LODGE OF WA.. 738

9.4.5     OBJECTION TO THE RATE RECORD - NON-RATEABLE LAND UNDER SECTION 6.26(2)(G) - RATES EXEMPTION APPLICATIONS 2015/2016 AND 2016/2017 - NYAMBA BURU YAWURU LIMITED.. 739

9.4.6     INTEGRATED PLANNING AND REPORTING FRAMEWORK - STRATEGIC COMMUNITY PLAN AND CORPORATE BUSINESS PLAN REVIEW... 740

9.4.7     DRAFT POLICY - PROCUREMENT VIA PANELS OF PRE-QUALIFIED SUPPLIERS. 813

9.4.8     PUBLIC HEALTH ACT 2016 - UPDATE AND DELEGATION OF POWER TO APPOINT AUTHORISED OFFICERS. 823

10.            Reports of Committees. 833

10.1      YAWURU PARK COUNCIL PROGRESS REPORT - NOVEMBER 2016 MINUTES. 834

10.2      APPOINTMENT OF MEMBERS TO THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE AND AMENDMENTS TO THE TERMS OF REFERENCE. 906

10.3      APPOINTMENT OF MEMBERS TO THE ACCESS AND INCLUSION ADVISORY COMMITEE AND AMENDMENTS TO THE TERMS OF REFERENCE. 912

11.            Notices of Motion.. 917

12.            Business of an Urgent Nature. 917

12.1      MINUTES OF THE CHIEF EXECUTIVE OFFICER RECRUITMENT ADVISORY COMMITTEE MEETING HELD 14 DECEMBER 2016. 917

13.            Questions By Members Of Which Due Notice Has Been Given.. 917

14.            Matters Behind Closed Doors. 917

9.4.3  OBJECTION TO THE RATE RECORD - NON-RATEABLE LAND UNDER SECTION 6.26(2)(G) - RATES EXEMPTION APPLICATION 2014/2015 - THE RETURNED & SERVICES LEAGUE OF AUSTRALIA.. 918

9.4.4  OBJECTION TO THE RATE RECORD - NON-RATEABLE LAND UNDER SECTION 6.26(2)(G) - RATES EXEMPTION APPLICATION 2014/2015 - TRUSTEES OF THE GRAND LODGE OF WA.. 920

9.4.5  OBJECTION TO THE RATE RECORD - NON-RATEABLE LAND UNDER SECTION 6.26(2)(G) - RATES EXEMPTION APPLICATIONS 2015/2016 AND 2016/2017 - NYAMBA BURU YAWURU LIMITED.. 921

15.            Meeting Closure. 922

 


MinutesOrdinary Meeting of Council 15 December 2016                                                                              Page 8 of 9

 

 

NOTICE OF MEETING

 

 

 

Dear Council Member,

 

 

The next Ordinary Meeting of the Shire of Broome will be held on Thursday, 15 December 2016 in the Council Chambers, Corner Weld and Haas Streets, Broome, commencing at 5.00pm.

 

 

 

Regards

 

 

S MASTROLEMBO

Acting Chief Executive Officer

 

08/12/2016

 


Minutes – Ordinary Meeting of Council 15 December 2016                                                                Page 9 of 10

MINUTES OF THE Ordinary Meeting of Council OF THE SHIRE OF BROOME,

HELD IN THE Council Chambers, Corner Weld and Haas Streets, Broome, ON Thursday 15 December 2016, COMMENCING AT 5.00pm.

 

1.         Official Opening

 

The Chairman welcomed Councillors, Officers and members of the public and declared the meeting open at 5.01pm. The Chairman further welcomed a member of the Youth Advisory Council in attendance.

 

2.         Attendance and Apologies 

 

Attendance:              Cr R Johnston             Shire President

                                      Cr H Tracey                 Deputy Shire President

                                      Cr M Fairborn

                                      Cr W Fryer

                                      Cr D Male

                                      Cr P Matsumoto

                                      Cr C Mitchell

 

Leave of Absence:   Nil

 

Apologies:                  Cr B Rudeforth

                                      Cr E Foy

 

Officers:                       Mr S Mastrolembo     Acting Chief Executive Officer

                                      Mr C Zepnick              Acting Director Community Development

                                      Mr J Watt                     Director Corporate Services

                                      Ms A Nugent              Director Development Services

                                      Mr S Harding               Director Infrastructure

                                      Mr S Penn                    Media and Promotions Officer

                                      Ms M Wevers              Senior Administration and Governance Officer

 

Public Gallery:            Kaleb Harding

                                      Ty Matson                    Shire of Broome

                                      Carol Howe                Golf Club

                                      Sandy Joffe                 Broome Circle

                                      Brendan Renkin                   Broome Circle

                                      Sue Urquhart               Broome Circle

                                      Maggie Mildenhall    Broome Circle

                                      Tehani Savu                Youth Advisory Council

                                      Amy Andison              Shire of Broome

                                      Rob Menzies               Broome International Airport

                                      Bruce Rudeforth

                                      Liz Mulnchow              Golf Club

                                      Bill Minns                      Golf Club

 

3.         Declarations Of Financial Interest / Impartiality

 

FINANCIAL INTEREST

Councillor

Item No

Item

Nature of Interest

Cr P Matsumoto

9.4.5

OBJECTION TO THE RATE RECORD - NON-RATEABLE LAND UNDER SECTION 6.26(2)(G) - RATES EXEMPTION APPLICATIONS 2015/2016 AND 2016/2017 - NYAMBA BURU YAWURU LIMITED

Financial – member of Nyamba Buru Yawuru and native title holder director.

 

IMPARTIALITY

Councillor

Item No

Item

Nature of Interest

Cr C Mitchell

9.2.5

BROOME GOLF CLUB COMMUNITY ENGAGEMENT FOR PROPOSED RE-DEVELOPMENT ON THE CLUBHOUSE RESERVE

Impartiality – association with Broome Golf Club as a financial member.

Cr P Matsumoto

9.2.5

BROOME GOLF CLUB COMMUNITY ENGAGEMENT FOR PROPOSED RE-DEVELOPMENT ON THE CLUBHOUSE RESERVE

Impartiality – association with Nyamba Buru as a native title holder (PBC)

Cr P Matsumoto

9.3.1

CHINATOWN REVITALISATION PROJECT - CULTURAL & INTERPRETIVE CENTRE FEASIBILITY PROJECT

Impartiality – association with Nyamba Buru (PBC)

Cr C Mitchell

9.4.3

OBJECTION TO THE RATE RECORD - NON-RATEABLE LAND UNDER SECTION 6.26(2)(G) - RATES EXEMPTION APPLICATION 2014/2015 - THE RETURNED & SERVICES LEAGUE OF AUSTRALIA

Impartiality – association with Broome RSL as a member of the RSL

Cr W Fryer

9.4.3

OBJECTION TO THE RATE RECORD - NON-RATEABLE LAND UNDER SECTION 6.26(2)(G) - RATES EXEMPTION APPLICATION 2014/2015 - THE RETURNED & SERVICES LEAGUE OF AUSTRALIA

Impartiality – association with the RSL as a financial member over a number of years.

 

The Chairman advised that he had accepted an item of Urgent Business – 12.1 MINUTES OF THE CHIEF EXECUTIVE OFFICER RECRUITMENT ADVISORY COMMITTEE MEETING HELD 14 DECEMBER 2016.

 

Council Resolution:

Moved: Cr R Johnston                                             Seconded: Cr D Male

That Item 12.1 be brought forward to the next item of business.

CARRIED UNANIMOUSLY 7/0

12.1       MINUTES OF THE CHIEF EXECUTIVE OFFICER RECRUITMENT ADVISORY COMMITTEE MEETING HELD 14 DECEMBER 2016

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           PER521

AUTHOR:                                                   Director Corporate Services

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Shire President 

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    14 December 2016

 

SUMMARY:         This report presents to Council the outcomes of the Chief Executive Officer Recruitment Advisory Committee’s meeting held 14 December 2016, and seeks adoption of the Committee recommendations pertaining to the:

1.   Chief Executive Officer Application Package;

2.   Draft Chief Executive Officer Employment Contract;

3.   Closing date for advertising the Chief Executive Officer position;

4.   Process for selection and appointment of a Chief Executive Officer; and

5.   Chief Executive Officer Recruitment Advisory Committee Terms of Reference.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 16 November 2016             Item 6.4.2

SMC 9 December 2016                Item 6.1.1

 

At the 9 December 2016 Special Meeting of Council (SMC), Council endorsed the formation of the CEO Recruitment Advisory Committee (CEORAC), appointed three (3) Committee members and two (2) deputies and approved the Committee Terms of Reference. Council also selected the Western Australia Local Government Association (WALGA) as the successful respondent for Request for Quote (RFQ) 16-95 – Recruitment Facilitator.

 

Following the recruitment process outlined in the Committee Terms of Reference, the Recruitment Facilitator has been engaged to oversee and guide the Committee through the CEO recruitment process.

 

The CEORAC met on 14 December to progress the recruitment of the CEO through the development of various recruitment criteria as per the Local Government Act 1995 and the Local Government (Administration) Regulations 1996.

 

COMMENT

 

Under Regulation 18A of the Local Government (Administration) Regulations 1996 CEO recruitment requirements must be determined by Council prior to advertising a CEO vacancy. These requirements include the development of a CEO Position Description (PD), Selection Criteria and Contract of Employment for use in the recruitment process.

 

The Recruitment Facilitator developed the following draft documents for consideration at the 14 December CEORAC meeting in order to progress to advertising:

a)  A CEO Recruitment Package comprising a CEO Position Description (PD) and Key Selection Criteria; and

b)  A Draft CEO Employment Contract outlining the proposed contract of employment and remuneration package.

 

The CEO Recruitment Package (Attachment 2) was amended as per the committee’s request and circulated to CEORAC members following the 14 December meeting. The revised document has been confirmed by CEORAC members as accurately encapsulating the changes requested.

 

The CEORAC now presents these documents to Council for consideration and endorsement to allow the position to be advertised.

 

It should be noted that the CEO Employment Contract has been developed in accordance with the Salaries and Allowances Tribunal on Local Government Chief Executive Officers Report (SATLGCEOR). This document will remain in draft form until negotiations are finalised. Council will then be asked to consider the final CEO Employment Contract

 

Process for Selection and Appointment of a CEO

 

Regulation 18C of the Local Government (Administration) Regulations 1996 requires that Council approve the process to be used for the selection and appointment of a CEO before the position is advertised.

 

The recruitment facilitator has developed a Recruitment Timeline (Attachment 3) outlining key dates associated with the CEO recruitment process. The Recruitment Timeline is reliant on the outcomes of CEORAC and Council meetings, particularly in relation to the decision on the closing date for applications. The Recruitment Timeline was amended as per the committee’s request and circulated to CEORAC members following the 14 December meeting. The revised document has been confirmed by CEORAC members as accurately encapsulating the changes requested.

 

Council is asked to consider the Recruitment Timeline presented by the CEORAC as representative of the process for selection and appointment of a CEO, in accordance with Regulation 18C of the Local Government (Administration) Regulations 1996.

 

Advertising

 

The CEORAC is required to recommend to Council a date and time for the closing of applications for the position.

 

When selecting a closing date for the application, consideration should be given to the fact that the recruitment process is occurring over the Christmas and New Year break. As such it is expected that some candidates will be on leave. To ensure that Council increases the likelihood of securing a high quality candidate, it is recommended that the position is advertised with a closing date of 18 January 2017. This will provide candidates with an appropriate amount of time to respond to the position advertisement.

 

Council should note that selecting an earlier closing date may discourage candidates from applying for the position.

 

Terms of Reference

 

The Recruitment Facilitator has recommended a number of changes to the CEORAC Terms of Reference. The most significant revision authorises the CEORAC to undertake shortlisting and interview of applicants for the position, inclusive of contract negotiations with the preferred candidate, conditional upon the Committee making a recommendation for Council’s consideration to appoint the preferred candidate.

 

To ensure legislative compliance and improve the administrative function of the Committee the following revisions have also been made:

 

1.   Increase in the number of members in attendance to ensure a quorum from 2 to 3;

2.   Further definition around the role of the Recruitment Facilitator;

3.   Changes to the Recruitment Timeline; and

4.   Inclusion of the Director Corporate Services as secretariat for the Committee.

 

The CEORAC has endorsed these changes which are now presented to Council for consideration.

 

CONSULTATION

 

Western Australia Local Government Association

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

 

Division 4 — Local government employees

5.36.       Local government employees

      (1)     A local government is to employ — 

                 (a)     a person to be the CEO of the local government; and

                 (b)     such other persons as the council believes are necessary to enable the functions of the local government and the functions of the council to be performed.

      (2)     A person is not to be employed in the position of CEO unless the council — 

                 (a)     believes that the person is suitably qualified for the position; and

                 (b)     is satisfied* with the provisions of the proposed employment contract.

          * Absolute majority required.

      (3)     A person is not to be employed by a local government in any other position unless the CEO — 

                 (a)     believes that the person is suitably qualified for the position; and

                 (b)     is satisfied with the proposed arrangements relating to the person’s employment.

      (4)     Unless subsection (5A) applies, if the position of CEO of a local government becomes vacant, it is to be advertised by the local government in the manner prescribed, and the advertisement is to contain such information with respect to the position as is prescribed.

   (5A)     Subsection (4) does not require a position to be advertised if it is proposed that the position be filled by a person in a prescribed class.

      (5)     For the avoidance of doubt, subsection (4) does not impose a requirement to advertise a position before the renewal of a contract referred to in section 5.39.

               [Section 5.36 amended by No. 49 of 2004 s. 44; No. 17 of 2009 s. 21.]

 

5.39.       Contracts for CEO and senior employees

      (1)     Subject to subsection (1a), the employment of a person who is a CEO or a senior employee is to be governed by a written contract in accordance with this section.

   (1a)     Despite subsection (1) —

                 (a)     an employee may act in the position of a CEO or a senior employee for a term not exceeding one year without a written contract for the position in which he or she is acting; and

                 (b)     a person may be employed by a local government as a senior employee for a term not exceeding 3 months, during any 2 year period, without a written contract.

      (2)     A contract under this section — 

                 (a)     in the case of an acting or temporary position, cannot be for a term exceeding one year;

                 (b)     in every other case, cannot be for a term exceeding 5 years.

      (3)     A contract under this section is of no effect unless — 

                 (a)     the expiry date is specified in the contract; and

                 (b)     there are specified in the contract performance criteria for the purpose of reviewing the person’s performance; and

                 (c)     any other matter that has been prescribed as a matter to be included in the contract has been included.

      (4)     A contract under this section is to be renewable and subject to subsection (5), may be varied.

      (5)     A provision in, or condition of, an agreement or arrangement has no effect if it purports to affect the application of any provision of this section.

      (6)     Nothing in subsection (2) or (3)(a) prevents a contract for a period that is within the limits set out in subsection 2(a) or (b) from being terminated within that period on the happening of an event specified in the contract.

      (7)     A CEO is to be paid or provided with such remuneration as is determined by the Salaries and Allowances Tribunal under the Salaries and Allowances Act 1975 section 7A.

      (8)     A local government is to ensure that subsection (7) is complied with in entering into, or renewing, a contract of employment with a CEO.

               [Section 5.39 amended by No. 49 of 2004 s. 46(1)‑(3); No. 2 of 2012 s. 13 (correction to reprint in Gazette 28 Mar 2013 p. 1317).]

 

5.40.       Principles affecting employment by local governments

               The following principles apply to a local government in respect of its employees — 

                 (a)     employees are to be selected and promoted in accordance with the principles of merit and equity; and

                 (b)     no power with regard to matters affecting employees is to be exercised on the basis of nepotism or patronage; and

                 (c)     employees are to be treated fairly and consistently; and

                 (d)     there is to be no unlawful discrimination against employees or persons seeking employment by a local government on a ground referred to in the Equal Opportunity Act 1984 or on any other ground; and

                 (e)     employees are to be provided with safe and healthy working conditions in accordance with the Occupational Safety and Health Act 1984; and

                   (f)     such other principles, not inconsistent with this Division, as may be prescribed.

 

Local Government (Administration) Regulations 1996

Part 4 — Local government employees

               [Heading inserted in Gazette 26 Aug 2011 p. 3482.]

18A.  Vacancy in position of CEO or senior employee to be advertised (Act s. 5.36(4) and 5.37(3))

      (1)     If a position of CEO, or of a senior employee, of a local government becomes vacant, the local government is to advertise the position in a newspaper circulating generally throughout the State unless it is proposed that the position be filled by —

                 (a)     a person who is, and will continue to be, employed by another local government and who will fill the position on a contract or contracts for a total period not exceeding 5 years; or

                 (b)     a person who will be acting in the position for a term not exceeding one year.

      (2)     An advertisement referred to in subregulation (1) is to contain —

                 (a)     the details of the remuneration and benefits offered; and

                 (b)     details of the place where applications for the position are to be submitted; and

                 (c)     the date and time for the closing of applications for the position; and

                 (d)     the duration of the proposed contract; and

                 (e)     contact details for a person who can provide further information about the position; and

                   (f)     any other information that the local government considers is relevant.

               [Regulation 18A inserted in Gazette 31 Mar 2005 p. 1037-8; amended in Gazette 19 Aug 2005 p. 3872; 3 May 2011 p. 1594.]

18B.  Contracts of CEOs and senior employees, content of (Act s. 5.39(3)(c))

               For the purposes of section 5.39(3)(c), a contract governing the employment of a person who is a CEO, or a senior employee, of a local government is to provide for a maximum amount of money (or a method of calculating such an amount) to which the person is to be entitled if the contract is terminated before the expiry date, which amount is not to exceed whichever is the lesser of —

                 (a)     the value of one year’s remuneration under the contract; or

                 (b)     the value of the remuneration that the person would have been entitled to had the contract not been terminated.

               [Regulation 18B inserted in Gazette 13 May 2005 p. 2086.]

18C.  Selection and appointment process for CEOs

               The local government is to approve a process to be used for the selection and appointment of a CEO for the local government before the position of CEO of the local government is advertised.

               [Regulation 18C inserted in Gazette 31 Mar 2005 p. 1038.]

18E.   False information in application for CEO position, offence

               A person must not, in connection with an application for the position of CEO of a local government —

                 (a)     make a statement, or give any information, as to academic, or other tertiary level, qualifications held by the applicant that the person knows is false in a material particular; or

                 (b)     make a statement, or give any information, as to academic, or other tertiary level, qualifications held by the applicant which is false or misleading in a material particular, with reckless disregard as to whether or not the statement or information is false or misleading in a material particular.

               Penalty: a fine of $5 000.

               [Regulation 18E inserted in Gazette 31 Mar 2005 p. 1038-9; amended in Gazette 19 Aug 2005 p. 3872; 4 Mar 2016 p. 650.]

18F.   Remuneration and benefits of CEO to be as advertised

               The remuneration and other benefits paid to a CEO on the appointment of the CEO are not to differ from the remuneration and benefits advertised for the position under section 5.36(4).

               [Regulation 18F inserted in Gazette 31 Mar 2005 p. 1039.]

18G. Delegations to CEOs, limits on (Act s. 5.43)

               Powers and duties of a local government exercised under the following provisions are prescribed under section 5.43(i) as powers and duties that a local government cannot delegate to a CEO —

                 (a)     section 7.12A(2), (3)(a) or (4); and

                 (b)     regulations 18C and 18D.

               [Regulation 18G inserted in Gazette 31 Mar 2005 p. 1039.]

 

POLICY IMPLICATIONS

 

Staff Housing                                                              2.2.2

Education and Study Assistance                            2.2.3

Recruitment and Selection of Executive Staff    2.2.6

 

FINANCIAL IMPLICATIONS

 

Salary conditions contained within the contracts of local government CEO’s are determined by the SATLGCEO. The Shire of Broome is considered a Band 2 local government under the SATLGCEO. The salary stated in the CEO Recruitment Package and the Draft CEO Employment Contract reflects the permissible salary range for a Western Australian Band 2 local government CEO.

 

The SATLGCEO is reviewed annually and a copy of the latest publication, as of the 12 April 2016, is attached to the CEORAC minutes.

 

RISK

 

Risk:                               The Committee recommendation is not endorsed by Council.

Likelihood :                  Possible

Impact:                        Moderate

Initial Rating:                High

Residual Rating:                             Possible and Minor resulting in a Moderate risk

 

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

 

Responsible resource allocation

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Absolute Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                              Seconded: Cr P Matsumoto

That Council, on recommendation from the Chief Executive Officer Recruitment Advisory Committee:

1.       Notes the Salaries and Allowances Tribunals Local Government Chief Executive Officers Report;

2.       Endorses the Chief Executive Officer Recruitment Package, as attached;

3.       Endorses the Draft Chief Executive Officer Employment Contract;

4.       Authorises the Acting Chief Executive Officer to advertise the Chief Executive Officer Recruitment Package with a closing date of 18 January 2017 and a closing time of 4:00pm;

5.       Endorses the Chief Executive Officer Recruitment Timeline, as attached, as the process for selection and appointment of a CEO, in accordance with Regulation 18C of the Local Government (Administration) Regulations 1996; and

6.       Endorses the amendments to the Chief Executive Officer Recruitment Advisory Committee Terms of Reference.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 7/0

 

Attachments

1.

Minutes of the Chief Executive Officer Recruitment Advisory Committee 14 December 2016

2.

CEO Recruitment Package

3.

CEO Recruitment Timeline

  


Item 12.1 - MINUTES OF THE CHIEF EXECUTIVE OFFICER RECRUITMENT ADVISORY COMMITTEE MEETING HELD 14 DECEMBER 2016

 

 

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Item 12.1 - MINUTES OF THE CHIEF EXECUTIVE OFFICER RECRUITMENT ADVISORY COMMITTEE MEETING HELD 14 DECEMBER 2016

 

 

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Item 12.1 - MINUTES OF THE CHIEF EXECUTIVE OFFICER RECRUITMENT ADVISORY COMMITTEE MEETING HELD 14 DECEMBER 2016

 

 

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MinutesOrdinary Meeting of Council 15 December 2016                                                                     Page 139 of 140

 

 

4.         Public Question Time

 

The following questions were received from Sandy Joffe prior to the meeting:

 

Question One:

Does the Shire of Broome give consideration to clients in financial hardship who are unable to pay their Rates? If so, what form does this consideration take? Does the Shire of Broome have any intention of introducing such a policy , and if not why not?

 

Answer provided by Director Corporate Services:

The Shire of Broome offers the following options to all ratepayers for the Payment of Rates;

 

1.       Payment in full

2.       Payment by 2 Instalments

3.       Payment by 4 Instalments

4.       Alternative Payment Arrangement as negotiated with the ratepayer.

 

If the instalment options shown on the Rate Notice are not suitable, ratepayers may submit an alternative payment proposal.

 

Alternate Payment Arrangements do attract a fee of $45.00. In addition penalty interest of 11% per annum continues to accrue on the property as long as any amount is due on the account.

 

The Shire of Broome does not have a Financial Hardship Policy, however does offer alternative payment arrangements for all ratepayers.

 

Question Two:

Is there a regulated timeframe within which Shire Officers are required to respond to urgent correspondence? What is this time frame and what recourse does the community have if there is a breach in this regard?

 

Answer provided by Director Corporate Services:

There is no regulated timeframe within which Shire Officers are required to respond to correspondence. The Shire has a Customer Service Charter detailing its commitment to provide the highest standards of service and ensure that the needs of our customers are met in a professional and ethical manner, with courteous and efficient service. As per the Shire of Broome Customer Service Charter, we are committed to being as responsive as possible to any issues, enquiries and concerns.

 

If contacted in person we aim to respond to a request as soon as practicable. If no staff member is available we aim to contact the enquirer within two working days.

 

Written enquiries may be acknowledged as soon as practicable and the Shire endeavors to provide a written response within 10 working days.

 

Complaints are directed to the appropriate officer within the organisation, usually the Director of the relevant business unit, for response. Complaints are dealt with on a case by case basis.

 

Hard copies of the Shire's Customer Service Charter have been provided at the entrance to Council Chambers.

 

The Chairman advised public questions had been received from Daryl and Angela Roberson however as they were not in attendance the questions would be processed administratively.

 

5.         Confirmation Of Minutes

 

Council Resolution:

Moved: Cr H Tracey                                                 Seconded: Cr M Fairborn

That the Minutes of the Ordinary Meeting of Council held on 24 November 2016 be confirmed as a true and accurate record of that meeting.

CARRIED UNANIMOUSLY 7/0

 

Council Resolution:

Moved: Cr D Male                                                    Seconded: Cr P Matsumoto

That the Minutes of the Special Meeting of Council held on 9 December 2016 be confirmed as a true and accurate record of that meeting.

CARRIED UNANIMOUSLY 7/0

 

6.         Announcements By President Without Discussion

 

6.1 – The Chairman advised that the Broome Liquor Accord meeting involved discussions regarding the trial of a cashless debit card system which is underway in Ceduna and the Shire of Wyndham and East Kimberley. He advised that the interim report was excellent and there were many positive signs. As a result, he recommended to the Broome Liquor Accord that the Shire of Broome could potentially adopt the same system and that this should be discussed by Council in February next year.

 

7.         Petitions

 

Nil.

 

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.

Council Resolution:

Moved: Cr C Mitchell                                              Seconded: Cr M Fairborn

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

9.4.3      OBJECTION TO THE RATE RECORD - NON-RATEABLE LAND UNDER SECTION 6.26(2)(G) - RATES EXEMPTION APPLICATION 2014/2015 - THE RETURNED & SERVICES LEAGUE OF AUSTRALIA

Item 9.4.3 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”, and 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”.

9.4.4      OBJECTION TO THE RATE RECORD - NON-RATEABLE LAND UNDER SECTION 6.26(2)(G) - RATES EXEMPTION APPLICATION 2014/2015 - TRUSTEES OF THE GRAND LODGE OF WA

Item 9.4.4 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”, and 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”.

9.4.5      OBJECTION TO THE RATE RECORD - NON-RATEABLE LAND UNDER SECTION 6.26(2)(G) - RATES EXEMPTION APPLICATIONS 2015/2016 AND 2016/2017 - NYAMBA BURU YAWURU LIMITED

Item 9.4.5 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”, and 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”.

CARRIED UNANIMOUSLY 7/0

 


 

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.

 


Minutes – Ordinary Meeting of Council 15 December 2016                                                         Page 144 of 145

There are no reports in this section. 


 

9.2

 

Our Place

 

cablebeach

 

 

PRIORITY STATEMENT

 

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

 

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

 

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

 

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


Minutes – Ordinary Meeting of Council 15 December 2016                                                         Page 146 of 147

 

9.2.1      PROPOSED AMENDMENT NO. 6 TO LOCAL PLANNING SCHEME NO. 6 - INCLUSION OF AN ADDITIONAL USE ON LOT 302 FAIRWAY DRIVE, BILLINGURR

LOCATION/ADDRESS:                            Lot 302 Fairway Drive, Billingurr

APPLICANT:                                              Formscape on behalf of John Geappen

FILE:                                                           LPS6/6

AUTHOR:                                                   Strategic Planning Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director Development Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    23 November 2016

 

SUMMARY:         A Scheme Amendment has been received to include an ‘Additional Use’ designation on Lot 302 Fairway Drive, Billingurr. The ‘Additional Use’ will facilitate the development of a ‘Zoological Gardens’ land use to allow for ancillary tourist activities in addition to the site’s predominant use to pen and graze camels associated with the camel tours on Cable Beach.

 

This report recommends that Council resolve to adopt the proposed Scheme Amendment for the purpose of public advertising. 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 27 August 2015                        Item 9.3.3

OMC 28 April 2016                             Item 9.2.5

 

Lot 302 Fairway Drive (the subject land) is one of three parcels of Unallocated Crown Land within the townsite of Broome that is currently used for the keeping of camels associated with the three licenced camel tour operators on Cable Beach.  The subject land was originally leased to Mr John Geappen in 2005 for a period of 10 years. The permitted uses of the subject land under this lease included ‘to pen and graze camels and caretaker’s residence.’ The lease for the subject land expired on 1 October 2015.

 

In June 2015 the Department of Lands (DoL) requested comment from the Shire regarding a request from the then-lessee to convert the subject land to freehold title. This was considered at the August 2015 Ordinary Council Meeting and Council resolved to object to the freehold disposal of the subject land and advise DoL that it wished to assume responsibility for the land via a Reservation with a Management Order, including power to lease.

 

In January 2016 the Shire received further correspondence from DoL requesting comment on:

 

·    the intended purpose of the proposed Reserve for the subject land should it be reserved and vested to the Shire; and

·   whether in the interim the Shire would support a new lease over the subject land until 30 September 2025, for the purpose of ‘to pen and graze camels and caretaker’s residence.’

 

Whilst this matter was under consideration the now-former lessee approached both DoL and the Shire and expressed a desire to undertake a  broader range of activities on the subject land, including tours of the camel farm, short camel rides and the sale of promotional material.  As a result, DoL sought comment from the Shire in March 2016 regarding whether it would support an additional use being incorporated into the lease for the subject land. The use was described as ‘commercial tourism purposes.’ This request was considered by Council in April 2016, where it resolved to:

 

Request the Chief Executive Officer to write to the Department of Lands:

 

(a)     Supporting the issue of a further lease for Lot 302 Fairway Drive, to expire 30 September 2025;

 

(b)     Supporting the inclusion of ‘to pen and graze camels and undertake ancillary tourist commercial uses, and caretaker’s dwelling’ as permitted uses under such lease;

 

(c)     Requesting that the lease terms make clear that an amendment to Local Planning Scheme No. 6 will be required prior to the commencement of ancillary tourist commercial uses on the site, and that this amendment must be undertaken by the lessee at his cost;

 

(d)     Reiterating that in the long term the Shire wishes to assume management for the subject site, in addition to Lots 303 and 501 Fairway Drive, through the creation of Reserves and Management Orders under the Land Administration Act 1997; and

 

(e)     Advising that the intended purpose of the Reserve to be vested with the Shire would be ‘animal keeping, tourism and caretaker’s dwelling’.

 

In accordance with Resolution (c) above, the former lessee has engaged planning consultants to prepare an Amendment to Local Planning Scheme No. 6 (LPS6), which is being considered in this report.

 

With respect to Resolutions (a) and (b), it is noted that DoL is yet to formalise the lease agreement for the subject land. DoL has advised that the lease is currently in a holding over period, during which the lessee continues to be responsible for the land in accordance with the terms and conditions of the lease, including the requirement to continue the payment of rent. As the current landowner, DoL has further advised in writing that it agrees to the Scheme Amendment being undertaken.

 

COMMENT

 

Site and Surrounds

 

The subject land has an area of 4.15 hectares. It is located on the northern side of Fairway Drive and is bordered to the east by Unallocated Crown Land and Reserve 47964, which has a Management Order in favour of the Department of Parks and Wildlife for the purpose of care and rehabilitation of wildlife, wildlife veterinary clinic, wildlife education and caretaker’s accommodation. It is bordered to the west by Unallocated Crown Land which is leased to one of the other camel operators until 2025.  Future stages of the Broome North residential estate will be located to the south of the subject land on the southern side of Fairway Drive. The location of the subject land is shown in Attachment 1.

 

The subject land is currently improved with a caretaker’s dwelling and various outbuildings and structures associated with the camel operations. These are contained within the southern half of the lot with the northern half largely vacant.

 

Attachment 1 – Location Plan

 

The subject land is zoned ‘Rural Residential’ under LPS6. 

 

Description of the Proposal

 

Attachment 2 is a copy of the Scheme Amendment report. The proposal seeks to include an ‘Additional Use’ designation on the subject land, to be listed in Schedule 2 – Additional Uses of LPS6. The Applicant describes the additional use as:

 

No.

Description of

Land

Additional Use

Conditions

 

A26

Lot 302 Fairway Drive, Billingurr

Zoological Gardens

As determined by

Council

 

‘Zoological Gardens’ is currently an ‘X,’ or prohibited use under LPS6 in the ‘Rural Residential’ zone, which is why a Scheme Amendment is required to enable the use to occur. The definition of ‘Zoological Gardens’ under LPS6 is:

 

Any land or buildings used for the keeping, breeding or display of animals including crocodiles, wildlife park and the term includes zoo but does not include a dog kennel or cattery, animal husbandry-intensive or animal establishment.

 

At present the use of the subject land is considered to be ‘Animal Establishment,’ which is defined as:

 

Premises used for the breeding or boarding, training or caring of animals for commercial purposes but does not include ‘animal husbandry – intensive’ or ‘veterinary centre’.

         

The main point of difference between the two land uses is that whilst an animal establishment does allow housing of animals for commercial purposes, it does not imply that the wider public will be routinely attending the premises. A zoological gardens, however specifically references the ‘display’ of animals implying that public attendance will be encouraged. Generally, there are more potential amenity impacts arising from a zoological gardens land use, including an increase in vehicle traffic and noise.

 

It is noted that at this stage Council is being asked to consider the suitability of the ‘Additional Use’ designation only. Any future development on the subject land will require an Application for Development Approval and the design of the development can be considered at that time.

 

Attachment 2 – Scheme Amendment Report

 

Classification of the Scheme Amendment under the Planning and Development

Regulations

 

The Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations) require the Shire to classify Scheme Amendments as one of three ‘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 proposal. 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 (LPS);

·        Whether the amendment is consistent with the objectives identified in the local planning scheme for the relevant zone or reserve;

·        Whether the amendment will have a significant impact on other land in the scheme area or significant environmental, social, economic or governance impacts.

 

Each of these criteria is addressed below.

 

Consistency with Local Planning Strategy

 

The subject Land is shown as ‘Rural Living’ in the Shire’s LPS, and is also located in Precinct 13 – Billingurr. Section 3.2.16 of the LPS describes the intention of the ‘Rural Living’ designation as:

 

This designation provides for a spacious ‘lifestyle’ lot permitting one house per lot in a non-urban environment. Lots range in size from 1 hectare to 4 hectares depending upon the location of the particular Rural Living area, and availability of water and other services. Limited rural pursuits may be permitted depending upon water availability and effect on the amenity of the area. Small scale tourist related activities, such as Bed and Breakfast accommodation and Art and Craft Centre may also be considered suitable in these areas.   

 

The proposed amendment will provide ‘small scale tourist related activities’ and as such is consistent with the intent of the ‘Rural Living’ designation. There is currently one house on the subject land which functions as a caretaker’s dwelling, and no additional dwellings are proposed, or are likely to be supported.

 

The objectives of Precinct 13 – Billingurr include: 

 

a)      To provide for a residential / rural living area which allows rural lots for lifestyle purposes and small scale home businesses. Limited rural pursuits and rural industry can also be supported, subject to availability of water. Lot size is to be limited to a minimum of 1 hectare.

 

The use proposed by the Scheme Amendment cannot technically be classified as a ‘small

scale home business’, ‘rural pursuit’, or ‘rural industry’. However, it is clear that the LPS contemplates commercial activity in the Precinct. Furthermore, the guidelines for Precinct 13 in the LPS specifically reference the ongoing presence of the camel establishments:

 

Future structure planning and/or subdivision should reflect the current land use as camel establishments in the southern portion of the precinct. 

 

Given the above, it is considered that the proposed amendment is consistent with the LPS.

 

Consistency with Local Planning Scheme No. 6

 

The subject land is located in the ‘Rural Residential’ zone under LPS6. The objectives of the

‘Rural Residential’ zone include:

 

(a)     Provide an area within a rural environment where more subdivision may be permitted to provide for uses such as small scale rural pursuits and rural industries, horticulture, small scale aquaculture, home businesses, bed and breakfast accommodation and private recreation.

(b)     Retain the visual and rural amenity of the rural landscape in a manner consistent with the rural environment; and

(c)     Ensure the siting and scale of dwellings and structures minimises the visual impact to adjoining properties and the surrounding area.

 

As above, it is considered that the additional use, whilst not specifically referenced, can coexist with the types of uses deemed appropriate in the zone (such as bed and breakfast accommodation and private recreation) and can be developed in such a fashion that retains the rural amenity and minimises visual impact.

 

At present, the development on the subject land is screened from the street by vegetation, with the closest structure set back in excess of 30 metres from Fairway Drive. Whilst the design of future development associated with the proposed ‘additional use’ is yet to be determined, it is anticipated that this vegetation will largely remain, as is required under Schedule 8 of LPS6, which states, in respect to development standards in the ‘Rural Residential’ zone, ‘Existing natural vegetation shall be retained with all setback areas.’ This will assist to minimise the visual impact of any new development, and other mechanism to preserve the rural amenity can be further considered at the Development Application stage.  

 

Given the above, it is considered that the proposed amendment is consistent with LPS6.

 

Impacts of the Proposal

 

Officers consider that the additional use designation on the subject site will have limited impacts on adjoining land. The subject land directly shares boundaries with the other two camel leases which have a similar level of amenity, and adjoins a reserve designated for wildlife rehabilitation and an education centre.  Vehicles will access the site via Fairway Drive which is designated as an arterial road in the Local Development Plans for Broome North, with no traffic or amenity impacts anticipated for the remainder of the Bilingurr Rural Residential Area.

 

Conclusion

 

For the reasons outlined above, it is recommended that the amendment be classified as a ‘standard amendment’ under the Regulations.

 

Suitability of the Additional Use

 

As discussed above, it is considered that the proposed amendment is consistent with the provisions of the LPS and the objectives of the ‘Rural Residential’ zone in LPS6. The use of the subject land and adjacent lots for the keeping of camels is a long-standing situation, and one that must continue in order to ensure that sufficient land is available to house the camels in proximity to Cable Beach. The proposed additional use will allow for value adding to an iconic tourism product and stimulate economic activity.

 

Officers consider that the subject land is in such a location where the additional use could be undertaken without jeopardising the rural amenity experienced by residents in the remainder of the Bilingurr precinct. The proposal is unlikely to lead to traffic, noise, or visual impacts on residents and any potential issues can be considered in more detail when a Development Application is lodged.

 

It is noted that the ultimate development of Broome North will lead to urban land uses in reasonable proximity to the subject land. However, the Broome North District Development Plan identifies land to the south of the subject land as ‘Bush Living,’ which will be developed at a lower density to reduce the potential for adverse impacts.  

 

Finally, it is noted that Council in April 2016 indicated ‘in-principle’ support for the proposed additional use by supporting a future lease term for the subject land and the inclusion of ‘to pen and graze camels and undertake ancillary tourist commercial uses, and caretaker’s dwelling’ as permitted uses under such lease.

 

Site and Development Considerations

 

As stated above, the design of any future development is not being considered at this time, and will be assessed when a Development Application is submitted. However the following matters of note have been identified and addressed in the Scheme Amendment report.

 

Bushfire Planning

 

In December 2015 the Planning and Development (Local Planning Schemes) Amendment

Regulations 2015 and revised State Planning Policy 3.7 – Planning in Bushfire Prone Areas (SPP3.7) were gazetted. This legislation and policy establishes requirements for development in areas shown as ‘Bushfire Prone’ on the State Map of Bushfire Prone Areas (State Map), which has been prepared by the Office of Bushfire Risk Management.

 

The subject land is shown as ‘Bushfire Prone’ on the State Map. In accordance with SPP3.7,

any ‘strategic planning proposal,’ including a Scheme Amendment, must be accompanied by a Bushfire Hazard Level (BHL) assessment. The BHL assessment should be undertaken in accordance with the methodology established in the Guidelines for Planning in Bushfire Prone Areas (Guidelines) and should determine a hazard level of low, moderate, or extreme across the subject land.

 

A BHL Assessment was completed by an accredited Level 1 Bushfire Planning Practitioner, which indicates the hazard level within 100m of the boundaries of the subject land ranges from ‘low’ to ‘moderate.’ SPP3.7 requires that any strategic planning proposal that has a ‘moderate’ BHL must include the following:

 

6.3. (c)       clear demonstration that compliance with the bushfire protection criteria in the Guidelines can be achieved in subsequent planning stages.    

 

This information can be provided in the form of a Bushfire Management Plan or an amended Bushfire Management Plan where one has been previously endorsed.

 

In accordance with this, a Bushfire Management Plan (BMP) has been prepared by an accredited Level 2 Bushfire Planning Practitioner, and is provided as Appendix 3. The BMP recommends a series of actions which will be implemented as conditions of future Development Approval. These include:

 

·    Adhering to the Shire of Broome annual firebreak notice;

·    Installation of a 20 metre Building Protection Zone around any structures, and an additional 80 metre Hazard Separation Zone where possible;

·    Where achieving an 80 metre Hazard Separation Zone is not possible due to the location of site boundaries or Scheme requirements to maintain existing vegetation within setback areas, any new buildings shall be constructed in accordance with Australian Standard 3969, with a Bushfire Attack Level rating no higher than BAL-29. It is noted that a BAL assessment will be required through the Development Application process;

·    Ensuring there is an adequate turn around area for emergency services vehicles on site;   

·    Upgrading the driveway to an all weather standard;

·    Installing an on-site water tank with a capacity of 10,000 L as reticulated water is not currently provided; and

·    Registration of a Section 70A notification of the Certificate of Title to advise future owners/lessees that a BMP applies to the subject land.  

 

It is considered that these actions will comply with the Bushfire Protection Criteria in the Guidelines and hence the BMP is appropriate.

 

CONSULTATION

 

As required under Section 81 of the Planning and Development Act 2005, should Council adopt the proposed standard amendment for advertising purposes, the amendment will be referred to the Environmental Protection Authority (EPA) to determine whether formal environmental assessment is required under the Environmental Protection Act 1986. Should advice be received from the EPA that environmental assessment is not required, public advertising will be undertaken for a period of 42 days as set out in the Regulations. 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 administrative office and on the Shire website;

·        Display of a copy of the Scheme Amendment documentation for public inspection; and

·        Providing the notice to any public authority the Shire considers will be affected by the amendment.

 

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

 

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.

 

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

 

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

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

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

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

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

 

RISK

 

The amendment proposal will allow for an additional use on the subject land which is considered to present minimal risk to Council. The land use has already received ‘in-principle’ support from Council in April 2016 and the impacts of the use on adjoining landowners are considered to be minimal. 

 

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

 

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

 

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                              Seconded: Cr H Tracey

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 purposes of public advertising by:

(a)    Inserting an Additional Use in Schedule 2 as follows:

No.

Description of

Land

Additional Use

Conditions

 

A26

Lot 302 Fairway Drive, Billingurr

Zoological Gardens

As determined by

           Council

(b)    Amending the Scheme maps accordingly

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;

(b)    It is consistent with the objectives of the ‘Rural Residential’ zone under Local Planning Scheme No. 6;  

(c)    It will have minimal impact on land in the scheme area that is not the subject of the amendment; and

(d)    It will not result in any significant environmental, social, economic or governance impacts on the land in the scheme area.

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 1986 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.

CARRIED UNANIMOUSLY 7/0

 

Attachments

1.

Attachment 1 - Location Plan

2.

Attachment 2 - Scheme Amendment Report

3.

Attachment 3 - Bushfire Management Plan

  


Item 9.2.1 - PROPOSED AMENDMENT NO. 6 TO LOCAL PLANNING SCHEME NO. 6 - INCLUSION OF AN ADDITIONAL USE ON LOT 302 FAIRWAY DRIVE, BILLINGURR

 

 

Subject Land


Item 9.2.1 - PROPOSED AMENDMENT NO. 6 TO LOCAL PLANNING SCHEME NO. 6 - INCLUSION OF AN ADDITIONAL USE ON LOT 302 FAIRWAY DRIVE, BILLINGURR

 

 

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Item 9.2.1 - PROPOSED AMENDMENT NO. 6 TO LOCAL PLANNING SCHEME NO. 6 - INCLUSION OF AN ADDITIONAL USE ON LOT 302 FAIRWAY DRIVE, BILLINGURR

 

 

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Item 9.2.1 - PROPOSED AMENDMENT NO. 6 TO LOCAL PLANNING SCHEME NO. 6 - INCLUSION OF AN ADDITIONAL USE ON LOT 302 FAIRWAY DRIVE, BILLINGURR

 

 

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Item 9.2.1 - PROPOSED AMENDMENT NO. 6 TO LOCAL PLANNING SCHEME NO. 6 - INCLUSION OF AN ADDITIONAL USE ON LOT 302 FAIRWAY DRIVE, BILLINGURR

 

 

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Minutes – Ordinary Meeting of Council 15 December 2016                                                         Page 203 of 204

 

9.2.2      REVIEW OF PARKING LOCAL PLANNING POLICIES FOLLOWING PUBLIC COMMENT PERIOD

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Shire of Broome

FILE:                                                           PLA32

AUTHOR:                                                   Statutory Planning Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director Development Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    21 November 2017

 

SUMMARY:         This report presents the outcome of a review of the Shire of Broome’s Local Planning Policies relating to car parking, which has been advertised for public comment.

This report recommends that Council adopts amendments to Local Planning Policy 8.9 – Parking and Local Planning Policy LPP 8.10 – Parking, Landscaping, Storage, Crossover and Drainage Standards for Planning Applications.  The report also recommends that Council revoke Local Planning Policy 8.16 – Provisions of Parking.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 8 April 2003                               Item 4.10

OMC 21 August 2001                        Item 9.2.2

OMC 1 December 2005                   Item 9.3.8

OMC 23 November 2006                 Item 9.3.3

OMC 30 September 2010                Item 9.3.4

OMC 29 September 2016                Item 9.1.3

 

COMMENT

 

The Development Services Directorate is undertaking a review of all of its policies, local laws and local planning policies.

 

At a March 2016 workshop with Council, officers provided an overview of all Local Planning Polices (LPP) which showed that provisions which apply to parking are contained in three separate LPPs. To streamline these policy provisions and assist applicants in understanding the parking requirements that apply to them, it was recommended that all parking provisions are combined into one LPP.  This matter was further workshopped with Council in July 2016.

 

Updated Parking Policy

 

Based on discussion and feedback at the March 2016 Council workshop, officers prepared an updated Local Planning Policy 8.9 – Parking (Parking Policy) (as shown in Attachment No 1). The Parking Policy is a combination of the existing provisions relating to car parking contained in the following LPPs:

·    LPP 8.9 – Cash In Lieu Car Parking Chinatown;

·    LPP 8.10 – Parking, Landscaping, Storage, Crossover and Drainage Standards for Planning Applications; and

·    LPP 8.16 – Provision of Parking.

As a part of the overall policy review, it was identified that additional provisions should be included in the Parking Policy, these were included in the advertised version of the Policy and a justification for the proposed inclusions is provided below. 

Parking for Grouped and Multiple Dwellings in Chinatown (Clause 1.1)

Clause 4.3.3 of Local Planning Scheme No 6 (LPS6) requires that notwithstanding anything in the Residential Design Codes (R-Codes), each grouped and multiple dwelling must have a minimum of two parking bays (the R-Codes require 1 parking bay for single bedroom grouped dwellings and a minimum of 1.25 parking bays for multiple dwellings that are less than 110sqm). This clause was included into LPS6 as a regional variation to reflect the high rate of vehicle and boat ownership in Broome, the common trend of renting out rooms within dwellings and the lack of alternative transport options in Broome.

While requiring a minimum of two parking bays per dwelling is appropriate in the residential areas throughout Broome, it is considered that clause 4.3.3 should not apply to the development of dwellings within Chinatown (which is zoned Town Centre where grouped and multiple dwellings are permitted land uses). Given that residential development within Chinatown is co-located with and within proximity to shops and workplaces and is a high convenience location, the rate of parking contained within the R-Codes is deemed adequate. This is also recommended so that residential development is not discouraged in Chinatown and an increase in permanent residents within Chinatown would support after-hours activation of the precinct.

Guidance on information to be supplied should an applicant seek to provide less parking bays than that required under Schedule 9 of LPS6 (clause 1.4)

The rate of parking required to be provided for a development is established in Schedule 9 of LPS6. Essentially, the rate of parking bays to be provided within a development is based on the land use activity proposed. In some circumstances developers will seek to have the rate of car parking under LPS6 varied. While discretion is provided under the Scheme for the Shire to consider varying the parking ratios, the information required to support such a request is not specified.

It is therefore recommended that clause 1.4 is included within the Parking Policy to give guidance and direction to applicants should they seek to vary the parking ratios. This would include empirical evidence, supported by a traffic engineer, that the ratios in LPS6 are not appropriate for the type of development proposed or demonstrating that the reduction in the parking rate may be considered if there is internal trip capture.

Provisions in relation to off-site parking for ‘Home Business’ and ‘Family Day Care’ land uses in the Residential zone (clause 3.2)

The existing provisions within the LPPs do not allow any off-site parking in the Residential zone. While it is considered that the parking bays required for dwellings must be constructed on site, the Shire has seen an influx of Home Business and Family Day Care applications in the Residential zone. The majority of the applications can accommodate the additional required parking bays on site, however there are some circumstances where there is no area in front of the dwelling for parking to occur.  In such circumstances applicants have sought to have the parking bay(s) accommodated within the existing cross-over immediately adjacent to the property.

Given that these land use activities have low vehicle movements and parking generally is not required for extended time periods, it is recommended that the Parking Policy allow for officers consider approving off-site parking. This would only be approved where the parking cannot be accommodated on site and the identified location for the parking does not obstruct pedestrian movement. This will reduce the need for such applications to automatically be referred to Council for determination.

Guidance on matters that should be addressed if an applicant requests that a cash-in-lieu payment is provided for parking and how the cash-in-lieu value will be determined (clause 4.4 to 4.6)

The provisions of LPS6 give the ability for the Shire to accept cash-in-lieu payments for car parking. The current LPP establishes that the expectation is that parking will be provided on the development site and that cash-in-lieu is considered an exception. The Parking Policy maintains this view.  However it provides guidance on matters that an applicant would need to address should they seek that a cash-in-lieu payment is made instead of providing parking onsite. This includes the applicant supplying a car parking design demonstrating that there is an acceptable location to accommodate the car parking to support the development within reasonable proximity to the site (if the Shire does not have an adopted parking plan).

The provisions also provide direction on how the cash-in-lieu value is to be determined and circumstances where Council will give consideration to waiving the land value component of the cash-in-lieu payment.

 

Summary

 

The proposed changes to the parking policy were advertised for public comment. Following the close of the public comment period, no submissions were received.

 

The Shire officers have undertaken a further review of the proposed Policy and have proposed some minor modifications that are proposed to improve the wording of the Policy provisions. These modifications are shown in Attachment No 1 with any deletions shown as struck through and additional text is shown red.

 

As the parking provisions are proposed to be removed from LPP 8.10 – Parking, Landscaping, Storage, Crossover and Drainage Standards for Planning Applications it is recommended that Council adopt amendments to this LPP to remove the parking provisions. It is also proposed that the title of this LPP be amended to read ‘Development Standards for Development Applications’. Further, as the provisions of LPP 8.16 – Provisions of Parking, have been incorporated into LPP 8.9, it is recommended that LPP 8.16 is revoked.

 

CONSULTATION

 

Consultation commenced on the 27 October 2016 through an advertisement in the Broome Advertiser, a notice on the Shire’s website and at the Administration Centre. The public comment period went for 21 days and concluded on the 17 November 2016. At the close of the public comment period no submissions were received.

 

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 public consultation costs for the notice in the newspaper were met through the Development Services consultation budget.

 

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

 

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

 

Council Resolution:

(Report Recommendation)

Moved: Cr H Tracey                                                 Seconded: Cr C Mitchell

That Council:

1.       Pursuant to Clause 3(4) of Schedule 2 (Deemed provisions for Local Planning Schemes) in the Planning and Development (Local Planning Schemes) Regulations 2015, amend the title of LPP 8.10 from “Parking, Landscaping, Storage, Crossover and Drainage Standards for Planning Applications” to “Development Standards for Development Applications”.

2.       Pursuant to Clause 3(4) of Schedule 2 (Deemed provisions for Local Planning Schemes) in the Planning and Development (Local Planning Schemes) Regulations 2015, amend Local Planning Policy 8.9 – Parking as set out in Attachment No 1 and LPP 8.10 – Development Standards for Development Applications as set out in Attachment No 2.

3.       Pursuant to Clause 6 of Schedule 2 (Deemed provisions for Local Planning Schemes) in the Planning and Development (Local Planning Schemes) Regulations 2015 revoke Local Planning Policy 8.16 – Provision of Parking.

4.       Requests that the Chief Executive Officer publish notice in a newspaper circulating in the Local Planning Scheme area advising of:

i.    The adoption of amendments to Local Planning Policy 8.9 – Parking and Local Planning Policy 8.10 – Development Standards for Development Applications; and

ii.   The revocation of Local Planning Policy 8.16 – Provisions of Parking. 

CARRIED UNANIMOUSLY 7/0

Attachments

1.

Draft Local Planning Policy 8.9 - Parking

2.

Draft Local Planning Policy 8.10 - Development Standards for Development Applications

  


Item 9.2.2 - REVIEW OF PARKING LOCAL PLANNING POLICIES FOLLOWING PUBLIC COMMENT PERIOD

 

 

LOCAL PLANNING POLICY                                                   8.9

TITLE:

Parking

ADOPTED:

OMC……………………….. – Pages

REVIEWED:

 

OMC……………………….. – Pages

 

ASSOCIATED LEGISLATION:

Planning and Development Act 2005

Local Planning Scheme No 6

ASSOCIATED DOCUMENTS:

Car Parking & Cash-in-Lieu in Chinatown Discussion Paper dated 18 August 2005

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.

Previous Policy Number LPP 8.9, LPP 8.10 & LPP 8.16

Background:

 

Clause 4.7 of Local Planning Scheme No 6 (LPS6) requires that all development applications must make appropriate provision for car parking. Schedule 9 of LPS6 details the number of bays required for each land use class. This policy is to be read in conjunction with the provisions of LPS6.

 

Objective:

 

1.         Establish the minimum standards for car parking construction to achieve an appropriate level of amenity;

2.         Ensure parking is provided which is safe, convenient and practical for the operation of the site and the community in general; and

3.         Establish criteria for where consideration maybe given to allowing parking to be provided off-site, within an adjacent road reserve or as cash-in-lieu.

 

Definitions:

Chinatown is the area shown in Figure 1.

 

Internal trip capture is where a land use included in the a development application will generate a reduced or no independent parking demand due to its reciprocal parking relationship with another use. Relevant considerations include:

i.   Clear establishment of a relationship between different land uses on the same site, such as function rooms provided within a tourist development for use by hotel patrons.

ii.  How a claimed reduction relates to the scale of activity (for example, a smaller restaurant co-located within a tourist development has less capacity to accommodate public diners than a larger restaurant).

iii.  Whether land uses within a development are open to the public (for example, a fitness centre provided in a tourist development for the exclusive use of hotel patrons)

 

Policy:

 

1.0       Parking Ratios

 

1.1       Clause 4.3.3 of LPS6 does not apply in the determination of the required ratio for car parking to determine the ratio for car parking for Grouped and Multiple Dwellings in Chinatown, parking for these land uses will be calculated in accordance with the provisions of the Residential Design Codes.

 

1.2       The required number of parking bays and dimensions for all development is set out in Schedule 9 of LPS6. 

 

1.3       For properties zoned Town Centre but not within Chinatown the required number of parking bays is to be calculated based on the most relevant land uses within Schedule 9. The ratio of car parking for land uses in Chinatown is to be calculated at the rate established for the ‘Town Centre-Chinatown’ zone under Schedule 9 of LPS6.

 

1.4       If an application for development approval does not comply with the parking ratios in Schedule 9 of LPS6 and:

 

·    the applicant does not seek to meet the parking demand by any other means provided under this Policy; or

·    it cannot be considered as reciprocal parking under clause 1.5 below;

 

the applicant must demonstrate that the ratio contained in Schedule 9 exceeds the demand for car parking generated by the development. In this regard the applicant must supply the following information:

 

a)         Empirical evidence, supported by advice from a qualified traffic engineer, that the ratios in Schedule 9 are not appropriate for the type or scale of development proposed. The empirical evidence could be in the form of a traffic survey undertaken of a similar existing development during peak tourist season; and/or

 

b)         Reductions to the parking rate may be considered if it is shown that there will be internal trip capture.

 

1.5       Any application proposing a variation to the parking ratios in Schedule 9 must be determined by Council. 

 

Reciprocal Parking

 

1.6       Further to Clause 4.7.2.1 of LPS6, an applicant may seek that the total number of parking bays required to be provided under Schedule 9 is reduced where the bays would be used on a reciprocal basis between different land uses on the same site. If proposed, the application must demonstrate the following:

 

a)        The different land uses operate at different times;

b)        The operating times of the different land uses will be permanent and will form a condition under which development approval is granted; and 

c)        The amount of parking to be provided is calculated based on the greatest number of vehicles that would need to be accommodated on the land during peak usage.

 

2.0       Parking Construction Standards

 

Standards for different zones

 

2.1       The table below establishes the car parking standards for each land use zone in the Shire of Broome:

 

Row

Zone

Construction Standard

1.

Residential, Town Centre, Local Centre, Mixed Use, Service Commercial, Light and Service Industry, Tourist

All parking bays, vehicle access and manoeuvring areas are to be of permanent construction, sealed, kerbed and line marked as follows:

a)        the sealed pavement can be asphalt, two-coat bitumen seal or concrete to the Shire’s specifications;

b)        line marked and sign posted as per an approved car parking plan; and

c)        kerbed unless extensive on-site infiltration to landscaping and storage areas is used as a part of the sites design.

2.

Culture and Natural Resource Use, General Agriculture, Industry, Low Impact Tourist Development, Rural Residential, Rural Small Holdings and Settlement

As per the above requirements in row 1 above, unless the development is not accessed from a sealed road and/or the parking is for use of employee’s only, in which case the parking bays, vehicle access and manoeuvring areas can be an unsealed surface such as compacted road base or similar which is dust free.  All parking areas and vehicle access must be clearly distinguishable and sign posted.

3.

Industry and Port Reserve

As per requirements in row 1 above, except that manoeuvring areas for articulated vehicles can be of an unsealed surface such as compacted road base or similar, which is dust free.

 

Landscaping

 

2.2       All parking areas must be landscaped. As a minimum landscaping of parking areas is to include shade trees at the rate of 1 tree every 4 consecutive bays or 12 metres, which ever is the lesser.  

 

Parking Location

 

2.3       The location of parking areas is not to detract from the visual amenity of the proposed development, adjoining lots or streetscape of the locality. Parking areas must facilitate safe, easy and convenient vehicular (including motorcycle) bicycle and pedestrian movements.

 

3.0       Off-site Parking

 

General considerations

 

3.1       The expectation is that parking is provided on-site, any proposal to construct parking ‘off-site’ is considered to be an exception to the parking requirements for a development. 

 

3.2       Off-site parking may be considered in all zones except parking required for a single house, grouped dwelling, multiple dwelling or residential building in the ‘Residential’ zone. Off-site parking for ‘Family Day Care’ or ‘Home Business’ land use activities in the ‘Residential’ zone may be considered in the following circumstances:

 

a)      The parking for the land use cannot be accommodated on-site;

b)      The location of off-site parking is to be in the immediate road verge directly adjoining the subject property and will not in any way obstruct pedestrian movements on an existing or proposed footpath; and

c)      The proposed parking must meet minimum parking bay size, be hard-sealed standard and shall not be detrimental to the visual amenity of the streetscape or impact upon traffic safety. 

 

          Any areas approved for off-site parking in association with a ‘Home Business’   or ‘Family Day Care’ must be maintained by the owner.

 

3.3       Within the ‘Town Centre’, ‘Local Centre’, ‘Mixed Use’, ‘Service Commercial’, ‘Industry’, ‘Light and Service Industry’ and ‘Tourist’ zones, a minimum of 50% of the required car parking bays are to be provided on-site.

 

3.4       Any parking bays which are required as a condition of development approval and cannot be provided on-site may, at Council’s discretion, be developed in a portion of the abutting road verge or a nearby property. If approved, it is the applicant’s responsibility to design and construct the parking bays in accordance with the Shire’s ‘Guidelines for Construction or Reinstatement’.

 

Location criteria

 

3.5       In order for Council to consider exercising its discretion to allow off-site parking, the application will be required to prove that:

 

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

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

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

d)         Any other relevant matters and items set out under clause 2.3 have been addressed.

 

Parking within the Road Verge

 

3.6       Unless in accordance with an adopted car parking plan, any proposal for parking in the road verge will only be supported where the parking is provided in the verge adjoining the lot and within the frontage area of the lot. 

 

3.7       Any off-site parking constructed in the road verge will, when constructed, be designated public parking.   

 

3.8       All parking bays, vehicle access and manoeuvring areas within the road verge are to be of permanent construction, sealed, kerbed and line marked, as follows:

 

a)        The sealed pavement can be asphalt, two-coat bitumen seal or concrete;

b)        The design must comply with the Shire’s Guidelines for the Construction or Reinstatement of Car Parks within the Shire of Broome Road Reserve;

c)        The parking must be lined marked and sign posted as per the approved car parking plan.

 

Maintenance and Deed of Agreement

 

3.9       Any off-site parking, vehicle access, manoeuvring areas and landscaping is the responsibility of the developer to maintain indefinitely.

 

3.10     If road verge parking is approved as a part of a development application, a Deed of Agreement is to be prepared by the Shire’s solicitors at the applicant’s cost, which includes the lodgement of a caveat on title. The Deed is to specify that the owner agrees to maintain and take out insurance over the parking and landscaping area within the road verge.

 

Parking on Nearby Properties

 

3.11     Where parking is provided on a nearby property, an appropriate legal instrument must be put in place ensuring that the parking on the property will be maintained and kept available for the approved development. 

 

4.0     Cash-in-lieu of Car Parking

 

Note: These provisions are based on a parking plan and a review of the car parking availability, including future development as set out in the Car Parking & Cash-in-Lieu in Chinatown discussion paper dated 18 August 2005.

 

All development except within Chinatown

 

4.1       The following clauses 4.2 to 4.6 apply to all development with the exception of development within Chinatown.

 

4.2       The expectation is that parking will be provided on the development site. Any proposal to construct parking through a cash-in-lieu payment is considered to be an exception to the parking requirements for a development. 

 

4.3       The Shire will only give consideration to the use of cash-in-lieu of car parking where the Shire has identified a site for the construction of a public car park through an adopted Shire parking plan and/or the Shire can provide alternative parking in close proximity to the site. 

 

4.4       If an applicant is seeking that part of the car parking required is provided by way of cash-in-lieu payment, in the absence of an adopted Shire parking plan the applicant must provide a car parking design for an acceptable location which meets with the locational criteria set out in Clause 3.5.

 

4.5       The cash-in-lieu value is to be determined in accordance with Clause 5.7.6.1(a) of LPS6 as follows:

 

a)           The estimated cost of constructing the parking space/s will be reviewed annually by the Shire and will be set in the Schedule of Fees and Charges. 

b)           The estimated value of land which the parking space would occupy will be determined by a licensed valuer engaged by the Shire at the applicant’s cost. For the purposes of calculating the land costs, each bay will occupy an area of 31sqm, which includes the parking space and manoeuvring area.

 

4.6       Where the location identified in the adopted Shire parking plan or the car parking design provided under Clause 4.4 is on reserve land (under the care and control of the Shire) or in a road reserve, Council may give consideration to the waiving of the land value component of the car parking bays. Consideration will only be given to the waiving the land value component when:

 

a)           The location of the parking area does not compromise the current and future public use of the area identified for the car parking improvements;

b)           The car parking will also support the general public’s use of the area and is not solely being developed to support the parking need generated by the development; and 

c)           The construction of the car parking area will not compromise the streetscape or pedestrian access to the area.

 

Chinatown

 

4.7       The following clauses 4.8 to 4.14 apply to development within Chinatown.

 

4.8       Where a site is developed for residential purposes or for tourist accommodation, whether or not the site is used for other purposes, the parking for the residential and/or tourist accommodation uses shall be provided on-site.  Cash-in-lieu of car parking will not be available for these land uses.

 

4.9       Properties that were vacant on 18 August 2005 will be entitled to provide a cash-in-lieu payment instead of the provision of on-site car parking for part or all of the car parking for the development of the property. The maximum amount of parking bays that can be provided as cash-in-lieu is determined by dividing the site area in square metres by 43.

 

4.10     Properties that were developed (not vacant) on 18 August 2005 are entitled to provide cash in lieu of the provision of on-site car parking for any subsequent development of the property provided at least 50 percent of the required parking is provided on site.

 

4.11     Properties that were developed (not vacant) on 18 August 2005 are entitled to credit for any car parking bays previously paid for as cash in lieu.

 

4.12     Properties that were developed (not vacant) on 18 August 2005 are entitled to:

 

a)           claim the existing provision of car parking (on-site and cash in lieu) is adequate for the existing development and only provide car parking for the net increase in gross leasable floor area; or

b)           recalculate parking requirements to current standards, taking into account any previous cash payments in lieu of car parking provided.

 

4.13     If development cannot provide sufficient parking bays by:

 

·     providing on-site parking;

·     previous cash payments in lieu of parking; or

·     new cash payments in lieu of parking under this Policy,

 

then the additional parking must be provided as on-site bays on another property in Chinatown or through the purchase and transfer of cash-in-lieu credits in excess of requirements for another property in Chinatown.  Appropriate legal instruments to facilitate this arrangement will be required, linking the property to the parking provided.

 

4.14     The cash in lieu value for each car parking bay is set by Council each year in the Schedule of Fees and Charges. For Chinatown, this amount only incorporates the estimated construction costs of the parking bays.

 

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 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 have been completed.

 

 

 

 

 

 


 

FIGURE 1 – CHINATOWN

 

 

 

 

 

 

 

 


Item 9.2.2 - REVIEW OF PARKING LOCAL PLANNING POLICIES FOLLOWING PUBLIC COMMENT PERIOD

 

 

 

LOCAL PLANNING POLICY                                8.10

TITLE:

DEVELOPMENT STANDARDS FOR DEVELOPMENT APPLICATIONS

ADOPTED:

0CM 18 June 1996 — Pages 46 - 49

REVIEWED:

OCM 20JuIy 1999 — Page 11
OCM 21 November 2000 — Page 87
OCM 24 September 2002 — Pages 38 - 40
OCM 14 October 2003 — Pages 35 - 38
OCM 15 February 2007— Pages 116 – 119

OCM 2 September 2010 – Pages 44 - 46

OMC 30 July 2015 – Pages 28 – 40

OMC 17 December 2015 – Pages 110 - 121

ASSOCIATED LEGISLATION:

Planning and Development Act 2005

Shire of Broome Local Planning Scheme No 6 (LPS6)

 

ASSOCIATED DOCUMENTS:

 

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 3.1.4

Objectives:

Establish minimum standard for development to maintain and enhance the amenity and natural environment.

Definitions:

Nil

Policy:

 

1.1       That all development applications be subject to a minimum set of basic standards for, landscaping, drainage and crossovers. 

 

1.2       The standards applicable shall be based on the following:

 

 



Area

Application

 

 

 

 

 

Landscaping

All zones

 

i)    Landscaping plans are required to be submitted for the following types of planning applications:

-     Any grouped dwelling, multiple dwelling and/or residential building applications;

-     Any development proposing the construction of building/s on a vacant site (with the exception of single dwelling and ancillary structures); or

-     Any addition, modification and renovation to existing commercial or industrial developments valued at over $100,000.

 

ii) Where a landscaping plan is required, plants identified as pest plans by the Shire and listed in Schedule 1 of this Policy, are not permitted to be retained or established.

 

iii) Where landscaping is proposed within the road verge, a deed of agreement prepared by the Shire’s solicitors at the applicants cost, which include lodgment of a caveat on title, is to be prepared and executed prior to the development being occupied. The deed is to include that the owner agrees to maintain the landscaping within the road verge. 

 

iv) All landscaping plans submitted to the Shire of Broome must be drawn to scale and detail the following:

a) The location and type of existing trees and plantings, including genus species name and whether they are to be retained. 

b) The location and type of new trees and shrubs that are proposed to be installed as part of the landscaping including genus species name.

c) Any lawns, paths, hardscaping or other features to be established including construction materials to be used (i.e. brick paving, concrete).

d) Any natural landscape areas to be retained.

e) Those areas to be reticulated or irrigated including details on the type of reticulation.

            To allow establishment of landscaping around existing trees and tree trunks adequate space depended upon the species should be maintained and kept clear of all impervious materials. Where a tree is positioned within 3m of less from a hardscape area, root control barriers should be installed.

v)   Any landscaping proposed within the verge must comply with Engineering Policy 3.1.16 – Verge Maintenance.

 

vi)  Landscaping treatments should aim to minimise water use through soil improvement and mulching to retain moisture, use of indigenous, native landscaping; installation of smart irrigation systems including monitors, controllers and subsurface irrigation.

 

 

Crossovers

All Zones

 

vii) When any crossover is provided it shall be concrete, sealed or brick paving in accordance with Shire specifications including:

·    Rural Road Priority Access/Crossover Standard;

·    Specification for Residential Crossover Locations;

·    Specification for Residential Concrete Crossover;

·    Specification for Commercial Concrete Crossover.

 

Drainage

All Zones

 

All sites shall comply with the basic requirement that any post-development discharges from the property should be equal to or less than the pre-development site for a design storm event, unless comprehensive hydrological catchment modeling at the developer’s cost by a suitably qualified engineer proves otherwise.

 

 

viii)         Where development has been proposed in an area where the lots grade to the road as the legal point of discharge and the downstream system is designed with adequate capacity the following must be achieved:

·    Flow across paved areas to road/drain or legal point of discharge;

·    All plans submitted for approval to show existing and proposed levels, and flow paths.

 

ix) In areas where lots are not adequately graded to the legal point of discharge (such as some areas in Old Broome) or the discharge system has limited capacity (Port Road Industrial area) the following must be met:

a)  The stormwater drainage system must be designed by a suitably qualified engineer and must demonstrate that there will be no impact to upstream or downstream properties within the catchment.  

b)  All post development flows for a 1:50 year event must be compensated on site with only pre–development flows allowed to flow to the street/discharge point. Both pre and post development flow rates shall be calculated using the appropriate times of concentration to determine peak storm durations.

c)  Compensation shall be achieved by using swaled garden areas, depressed carparks or detention areas with low flow outlets, restricted orifices or weirs incorporated into the design.  Soak wells cannot be used due to the nature of Broome soils.

d)  In the event that the outlet from the stormwater system becomes blocked then the storage volumes created on site must be large enough to contain the total flow from a post development 1:1 year storm.

e)  Provision shall be made for all storms in excess of 1:50 up to a 1:100 event to overflow the storage system and flow directly to the street drainage with floor levels of all buildings designed to prevent any flooding.

x)          During construction, measures should be implemented to ensure no discharge of dust or sediment from the site.  To achieve this property verges should be protected with a 3 to 5m mulch bund to minimise the transport of sediment and prevent scouring.

Finished Floor Levels

All Residential Development (in all zones as applicable)

 

xi)         Finished floor level of all residential buildings shall be a
minimum of 400 mm above natural ground level [or approved finished ground level for those lots where subdivision works have altered the natural ground level]. 

 

xii)        Where it can be demonstrated that flooding to the building will not occur due to the slope of the lot and a local drainage system has been provided for, the floor height can be reduced to a minimum of 200 mm. 

 

xiii)       In all cases, the minimum height is to be measured at the highest point of ground level, immediately adjacent to the building floor edge. 

 

xiv)       Verandahs and Carports can be lower than the main building floor level, but must be still drained away from the building perimeter to an approved discharge point.

 
Industrial/Commercial Development -

xv)       Finished Floor Levels shall be a minimum of 200mm above surrounding finished levels

 

SCHEDULE ONE – PEST PLANTS

Common Name

 

Scientific Name

Coffee Bush

 

Leucaena leucocephala

Siratro

 

Macroptillium atropurpureum

Khaki Weed

 

Alternanthera pungens

Neem

 

Azadirachta indica

Hairy woodrose or Hairy morning glory

 

Merremia aegyptia and Merremia dissecta

Gallon’s Curse

 

Cenchrus biforus

Bellyache Bush

 

Jatropha gossypitfolia

Wild Passionfruit

 

Passiflora foetida

Caltrop

 

Tribulus terrestris

Mint Bush

 

Hyptis suaveolens

Buffel Grass

 

Cenchrus ciliaris

Mission Grass

 

Pennisetum Polystachiom

Rhodes Grass

 

Cholris Gayana

 

SHIRE OF BROOME LOCAL PLANNING SCHEME No. 6 (LPS6) – LOCAL PLANNING POLICIES

This Policy is a Local Planning Policy adopted 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  Part 2 clause 5 & 6 of the deemed provisions of LPS6 have been completed.

 


Minutes – Ordinary Meeting of Council 15 December 2016                                                         Page 222 of 223

 

9.2.3      TRADING, OUTDOOR DINING AND STREET ENTERTAINMENT LOCAL LAW 2016

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           BYL12

AUTHOR:                                                   Environmental Health Officer

CONTRIBUTOR/S:                                    Manager Emergency, Health and Ranger Services

RESPONSIBLE OFFICER:                          Director Development Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    24 November 2016

 

SUMMARY:         In June 2016 Council resolved to make a new Shire of Broome Trading, Outdoor Dining and Street Entertainment Local Law 2016 to replace the Trading, Outdoor Dining and Street Entertainment Local Law 2003.  The proposed local law was advertised and submissions from interested parties were invited in accordance with Council’s resolution at the June 2016 Ordinary Meeting of Council.

The purpose of this report is for Council to consider the submissions made during the submission period and, in accordance with the provisions of Section 3.12(4) of the Local Government Act 1995, make the Shire of Broome Trading, Outdoor Dining and Street Entertainment Local Law 2016.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 14 October 2003                     Item 9.1.9

OMC 20 January 2004                      Item 9.1.8

OMC 29 September 2011                Item 9.1.4

OMC 14 June 2012                            Item 9.4.10

OMC 30 June 2016                            Item 9.2.4

 

Under the Local Government Act 1995, all Local Laws are required to be reviewed every 8 years. Whilst the existing Shire of Broome Trading, Outdoor Dining and Street Entertainment Local Law 2003 (existing Local Law) is not due for review until 2020, feedback from Councillors, community members and Shire Officers indicated a need for a comprehensive review prior to 2020.

Proposed changes in the format of a draft Local Law were presented to Council at the June 2016 Ordinary Meeting of Council (OMC).  Due to the scope of the changes, it was recommended that a new Local Law be adopted rather than amending the existing Local Law.

 

At the June 2016 OMC it was resolved:

That Council:

(1)   Proposes to make the Shire of Broome Trading, Outdoor Dining and Street Entertainment Local Law 2016 as attached to this report;

(2)   Advertises in accordance with section 3.12(3)(a) of the Local Government Act 1995 the proposed Shire of Broome Trading, Outdoor Dining and Street Entertainment Local Law 2016 for a period of 42 days; and

(3)   In accordance with section 3.12(3)(b) of the Local Government Act 1995 forwards a copy of the advertisement and the proposed Shire of Broome Trading, Outdoor Dining and Street Entertainment Local Law 2016 to the Minister for Local Government.

 

The proposed Trading, Outdoor Dining and Street Entertainment Local Law 2016 (proposed Local Law) was subsequently advertised for public submissions. The advertisements were placed in the West Australian on 16-17 July 2016 and the Broome Advertiser on 21 July 2016, as well as on the Shire’s website and noticeboards at the Administration Building and Library.

 

The submission period closed on 2 September 2016. One public submission on the draft Local Law was received. 

 

In accordance with section 3.12(3)(b) of the Local Government Act 1995, a copy of the advertisement and the proposed Local Law was required to be sent to the Minister for Local Government. The Department of Local Government and Communities (DLGC) responded on behalf of the Minister on 18 November 2016 with advice on editing and other comments on the proposed Local Law.  The DLGC’s comments have been considered and incorporated where appropriate.

 

COMMENT

 

Attachment 1 to this report contains the proposed Local Law with tracked changes showing amendments made in response to the submissions that were received.  Attachment 2 to this report contains the proposed Local Law with the tracked changes accepted.

 

The DLGC and the other submitter made comments that are not likely to alter the scope of the proposed Local Law.  A schedule of the submissions received and Shire officers’ recommendations in relation to how these submissions should be addressed has been included as Attachment 3 to this report.

 

Nature of the proposed changes

 

The changes made to the propose Local Law in response to the submissions received are:

 

Contents:

·    title changed from ‘Arrangement’ to ‘Contents’;

·    clause headings inserted under each ‘Part’ due to the length of the Local Law;

·    the words ‘second schedule’ were removed as the Local Law does not contain a second schedule; and

·    enactment clause removed from table of contents page and placed on the next page, directly before ‘Part 1’.

 

Part 1:

·    cl 1.1 – delete the word ‘Title’ in the heading and replace with ‘Citation’;

·    cl 1.1 – delete the words ‘referred to’ and insert ‘cited’;

·    cl 1.4 – delete the phrase “by the Amendment Local Law published in the Government Gazette”;

·    cl 1.6 – amendments to, or addition of the following definitions:

‘event’;

‘trading’;

‘certificate of currency’;

‘licence number’;

‘pavement or visual artist’;

‘public liability insurance policy’;

‘standard business card’;

‘proprietor’; and

·    cl 1.6 – delete the following definitions as they are not used within the Local Law:

‘Liquor Act’;

‘local planning scheme’;

‘lot’;

‘private property’; and

‘secured amount’.

 

Part 2:

·    cl 2.3.2(f) – delete the words ‘desirable or’;

·    cl 2.6.2 – insert ‘the’ before ‘cancellation’.

 

Part 3:

·    cl 3.5.1(c) – insert the phrase ‘unless the variations are made by the local government in accordance with clause 2.4.4;

·    cl 3.6.2 – delete the words ‘to same’; and

·    cl 3.7.2(a) – insert the word ‘to’ after ‘adjacent’.

 

Part 4:

·    cl 4.5.1(b) – insert the phrase ‘unless the variations are made by the local government in accordance with clause 2.4.4’.

 

Part 5:

·    cl 5.6.1(b) – insert the phrase ‘unless the variations are made by the local government in accordance with clause 2.4.4’;

·    cl 5.7.1(c) – delete the words ‘or police officer’ as a police officer is included in the definition of authorised person; and

·    cl 5.7.2(g) – replace the reference to ‘paragraph (g)’ with ‘sub-clause (f)’.

 

Part 6:

·    cl 6.1 – insert sub-clause (b) stating ‘forms part of a market for which a licence has been granted by the local government under clause 4.4’.

 

Part 7:

·    cl 7.2.1(b) – insert the word ‘the’.

 

Part 9:

·    cl 9.2.2 – delete the words ‘the First’ and insert ‘1’ after the word ‘Schedule’.

 

Schedule 1:

·    item 7 – remove phrase ‘outdoor dining operation’ and replace with ‘operation of an outdoor dining area’;

·    item 14 – remove offence of ‘Failing to lodge copy of approved plans of street markets with Fire and Emergency Services Authority’ as the offence is not within the Local Law;

·    item 33 – delete the words ‘or police officer’ as a police officer is included in the definition of authorised person;

·    item 63 – delete the phrase ‘Failing to vacate approved street entertainment area when not performing’ and replace with ‘Failing to use the approved street entertainment area to perform during the days and times specified or vacate that area’;

·    item 65 – insert the phrase ‘the name of the licensee and’;

·    item 66 – relocation and rewording of offence previously at item 73 to item 66 as ‘Failing to return the performance location to its former condition’; and

·    changes to item and clause numbering to ensure that each offence references the correct clause within the Local Law.

 

Editing changes:

The DLGC, in their submission, recommended a number of minor editing changes which were also incorporated into the proposed Local Law.

 

Purpose and effect of the new Local Law

The purpose and effect of the Shire of Broome Trading, Outdoor Dining and Street Entertainment Local Law 2016 are:

 

Purpose: To provide for the regulation, control and management of outdoor dining areas, markets, trading (including door to door) and street entertainment, in any public place within the district.

 

Effect:

·    To establish a regime for the licencing and regulation of outdoor dining areas, markets, trading (including door to door) and street entertainment in public places.

·    To provide clarity around the requirements for undertaking outdoor dining, markets, trading and street entertainment in public places in the Shire of Broome

 

Summary

Overall, the amendments to the proposed Local Law in response to submissions is not considered to make the Local Law significantly different.  Therefore, it is recommended that Council resolve to make the Shire of Broome Trading, Outdoor Dining and Street Entertainment Local Law 2016 as shown in Attachment 2 to this report, and authorise the necessary statutory steps to have the Local Law take effect.

 

CONSULTATION

 

The proposed Local Law was advertised in accordance with section 3.12(3) of the Local Government Act 1995 for public comment for a period of 42 days.  A copy of the proposed Local Law was provided to the Department of Local Government for comment.

 

Subject to these changes, it is recommended that Council make the proposed Local Law.

 

STATUTORY ENVIRONMENT

 

The Local Government Act 1995 provides the head of power for local governments to make local laws.

 

The process for the making of local laws is prescribed in section 3.12 of the Local Government Act 1995.  This section states:

 

 3.12. Procedure for making local laws

      (1)   In making a local law a local government is to follow the procedure described in this section, in the sequence in which it is described.

      (2)   At a council meeting the person presiding is to give notice to the meeting of the purpose and effect of the proposed local law in the prescribed manner.

      (3)   The local government is to — 

                 (a)     give Statewide public notice stating that — 

                               (i)    the local government proposes to make a local law the purpose and effect of which is summarized in the notice; and

                              (ii)    a copy of the proposed local law may be inspected or obtained at any place specified in the notice; and

                             (iii)    submissions about the proposed local law may be made to the local government before a day to be specified in the notice, being a day that is not less than 6 weeks after the notice is given;

                           and

                 (b)     as soon as the notice is given, give a copy of the proposed local law and a copy of the notice to the Minister and, if another Minister administers the Act under which the local law is proposed to be made, to that other Minister; and

                 (c)     provide a copy of the proposed local law, in accordance with the notice, to any person requesting it.

(3a)   A notice under subsection (3) is also to be published and exhibited as if it were a local public notice.

      (4)   After the last day for submissions, the local government is to consider any submissions made and may make the local law* as proposed or make a local law* that is not significantly different from what was proposed.

          * Absolute majority required.

      (5)   After making the local law, the local government is to publish it in the Gazette and give a copy of it to the Minister and, if another Minister administers the Act under which the local law is proposed to be made, to that other Minister.

      (6)   After the local law has been published in the Gazette the local government is to give local public notice — 

                 (a)     stating the title of the local law; and

                 (b)     summarizing the purpose and effect of the local law (specifying the day on which it comes into operation); and

                 (c)     advising that copies of the local law may be inspected or obtained from the local government’s office.

      (7)   The Minister may give directions to local governments requiring them to provide to the Parliament copies of local laws they have made and any explanatory or other material relating to them.

      (8)    In this section —

              making in relation to a local law, includes making a local law to amend the text of, or repeal, a local law.

 

After the last day for submissions, the local government is to consider any submissions made, and may make the Local Law as proposed or make a Local Law that is not significantly different from what was proposed.

 

The Local Law is then published in the Government Gazette and a copy sent to the relevant Minister and the State Parliament Joint Standing Committee on Delegated Legislation.

 

The Local Law comes into effect 14 days after publication in the Government Gazette.

 

POLICY IMPLICATIONS

 

If the proposed Local Law is implemented then the following policies will require a review and possible amendment:

 

4.2.4  Commercial Activities on Cable Beach

4.2.12 Trading in Public Places

4.5.1 Commercial Camel Activities on Cable Beach

5.1.11Events

 

It is noted that each of the above policies are currently under review.  Further changes to these policies may be required when the new Local Law takes effect.

 

FINANCIAL IMPLICATIONS

 

Nil.

 

RISK

 

If the existing Local Law is not amended, Shire officers will continue to be at risk of not being able to adequately enforce the provisions of the Local Law. Modernisation and clarity needs to be added to ensure the legislation remains relevant and serves to achieve its purpose and effect.

 

The risk of the incorrect drafting of this Local Law is mitigated through submission of the approved draft to the DLGC and subsequent review by the Joint Standing committee on Delegated Legislation.

 

STRATEGIC IMPLICATIONS  

 

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

 

Effective communication

 

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:

 

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:

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Absolute Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                              Seconded: Cr H Tracey

 

That Council:

1.       Under the provisions of section 3.12 of the Local Government Act 1995:

(a)  makes the Shire of Broome Trading, Outdoor Dining and Street Entertainment Local Law 2016; and

(b)  publishes the Shire of Broome Trading, Outdoor Dining and Street Entertainment Local Law 2016 in the Government Gazette and provides local public notice of the new Local Law.

2.       Forwards a copy of the gazetted Shire of Broome Trading, Outdoor Dining and Street Entertainment Local Law 2016 to the Minister for Local Government, and provides documentation supporting the new local law to the Joint Standing Committee on Delegated Legislation.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 7/0

 

Attachments

1.

Attachment 1- Trading Outdoor Dining and Street Entertainment Local Law 2016- Amended in response to submissions with tracked changes

2.

Attachment 2- Trading Outdoor Dining and Street Entertainment Local Law 2016 Final no tracked  changes

3.

Attachment 3- Schedule of submissions with officer comment

  


Item 9.2.3 - TRADING, OUTDOOR DINING AND STREET ENTERTAINMENT LOCAL LAW 2016

 

 

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Item 9.2.3 - TRADING, OUTDOOR DINING AND STREET ENTERTAINMENT LOCAL LAW 2016

 

 

 

 

LOCAL GOVERNMENT ACT 1995

 

 

 

 

 

 

SHIRE OF BROOME

 

 

 

 

 

 

 

 

 

TRADING, OUTDOOR DINING AND STREET ENTERTAINMENT LOCAL LAW 2016

(This copy of the Shire of Broome Trading, Outdoor Dining and Street Entertainment Local Law 2016 is as published in the Government Gazette on [insert date] 2016)


 

 

LOCAL GOVERNMENT ACT 1995

SHIRE OF BROOME

 

 

TRADING, OUTDOOR DINING AND STREET ENTERTAINMENT LOCAL LAW 2016

 

 

CONTENTS

 

 

Part 1 - Preliminary                                                                                                            

1.1          Citation

1.2          Commencement

1.3          Purpose

1.4          Repeal

1.5          Application

1.6          Definitions

 

Part 2 – Application for licence and issue of licence                                   

2.1          Planning consent

2.2          Application for licence

2.3          Determination of application

2.4          Issue of licence

2.5          Licence renewal

2.6          Fees

2.7          Cancellation of licence

2.8          Suspension of licensee rights and privileges

2.9          Rights of objection and appeal

 

Part 3 – Outdoor dining                                                                                                   

3.1          Outdoor dining

3.2          Limitations on outdoor dining

3.3          Licence application

3.4          Outdoor dining licence

3.5          Term and validity of licence

3.6          Cancellation of an outdoor dining license

3.7          Responsibilities of licensee

 

Part 4 - Markets                                                                                                                   

4.1          Markets

4.2          Limitations on markets

4.3          Licence application

4.4          Market licence

4.5          Term and validity of license

4.6          Responsibilities of licensee

 

Part 5 - Trading                                                                                                                    

5.1          Trading

5.2          Limitations on trading

5.3          Exemption from requirement to pay fee

5.4          Licence application

5.5          Trading licence

5.6          Term and validity of licence

5.7          Responsibilities of licensee

 

Part 6 – Street entertainment                                                                                    

6.1          Street entertainment

6.2          Limitations on street entertainment

6.3          Licence application

6.4          Street entertainment licence

6.5          Term and validity of licence

6.6          Responsibilities of licensee

6.7          Cancellation or variation of street entertainment licence

 

Part 7 – Secured sum                                                                                                         

7.1          Security for restoration and reinstatement

7.2          Use by the local government of secured sum

 

Part 8 - Miscellaneous                                                                                                     

8.1          Directions of authorised person

8.2          Notice requiring works to be done to remedy breach

8.3          Notice to advise licensee of planned or emergency works

8.4          Works in public property

8.5          Serving of notice

8.6          Public liability insurance and indemnity

 

Part 9 – Offences and penalties                                                                                 

9.1          Offences

9.2          Prescribed offences and modified penalties

 

 

Schedule 1 – Prescribed offences and modified penalties


 

LOCAL GOVERNMENT ACT 1995

SHIRE OF BROOME

 

 

TRADING, OUTDOOR DINING AND STREET ENTERTAINMENT LOCAL LAW 2016

 

Under the powers conferred by the Local Government Act 1995 and under all other powers enabling it, the Council of the Shire of Broome resolved to make the following local law on [insert date] 2016.

 

 

PART 1 - PRELIMINARY

 

1.1     Citation

 

          This local law may be cited as the Shire of Broome Trading, Outdoor Dining and Street Entertainment Local Law 2016.

 

1.2     Commencement

 

          This local law comes into operation 14 days after the date of its publication in the Government Gazette.

 

1.3     Purpose

 

          The purpose of this local law is to provide for the regulation, control and management of outdoor dining areas, markets, trading (including door to door) and street entertainment, in any public place within the district.

 

1.4     Repeal

 

          The Shire of Broome Trading, Outdoor Dining and Street Entertainment Local Law 2003 as published in the Government Gazette on 5 March 2004 and amended on 31 July 2012, is repealed.

 

1.5     Application

 

          This local law applies throughout the district.

 

1.6     Definitions

 

          In this local law unless the context requires otherwise:

 

          Act means the Local Government Act 1995;

advertising device means an object on which words, numbers or figures are written, placed, affixed or painted for the purpose of advertising any business, function, operation, event, undertaking, product, or thing and includes a vehicle or trailer or other similar object placed or located so as to serve the purpose of advertising a business, function, operation, event, undertaking, product or thing;

          applicant means a person who has lodged an application for a licence;

          application fee means the application fee referred to in subclause 2.2.2(d) and which relates to the lodgement, assessment and determination of an application for a licence but does not include the licence fee;

     approved area means an approved outdoor dining area, approved street entertainment area, approved market area or approved trading area;

     approved market area means the portion of a public place approved for the setting up or conduct of a market under a market licence;

     approved outdoor dining area means the portion of a public place approved for the setting up or conduct of an outdoor dining area under an outdoor dining licence;

     approved street entertainment area means the portion of a public place approved for street entertainment under a street entertainment licence;

     approved trading area means the portion of a public place approved for the carrying on of trading under a trading licence, or in the case of a licensee who does not trade from a fixed location, the route or the areas approved for the carrying on of trading under a trading licence;

          authorised person means:

(a)   a person appointed by the local government under section 9.10 of the Act to perform any of the functions of an authorised person under this local law; and

(b)   any member of the Western Australian Police Force;

          carriageway has the meaning given to it in the Road Traffic Code 2000;

          certificate of currency is a document which outlines the currency of an insurance policy, it details the type of policy, sums insured, policy expiry date and the insurer;

          Council means the council of the local government;

development approval means approval granted by the local government in accordance with the Planning and Development Act 2005;

          district means the district of the local government;

event means:

(a)   an occurrence held within the local government on private or public land, by a person(s)/group/organisation, where people assemble at a given time for entertainment, recreation or community purposes and includes but is not limited to:

       (i)     concerts and events run as a commercial activity;

       (ii)    ceremonies and processions;

       (iii)   sporting and competitor events such as marathons, triathlons, organised swims and other similar events;

       (iv)   shows and fairs including circuses, carnivals and other customised venue based events;

       (v)    festivals, exhibitions and expos; and

       (vi)   community events and fundraisers, and

(b)   an occurrence approved by the local government in accordance with the Shire of Broome Local Government Property and Public Places Local Law 2012;

          food has the same meaning as that in section 9 of the Food Act 2008;

          food premises means premises –

(a)      on which a food business as defined by the Food Act 2008 is carried out; or

          (b)      that is the subject of a hotel licence, limited hotel licence, special facility licence or restaurant licence granted under the Liquor Control Act 1988;

          footpath means an area that is open to the public that is designated for, or has as one of its main uses, use by pedestrians;

          goods means goods, wares, merchandise and produce;

          licence means a licence issued under this local law;

          licence fee means the fee referred to in subclause 2.4.1(b) and which relates to the issue of a licence;

          licence number means the licence reference number assigned to a licence by the local government;

          licensee means the holder of a licence;

          liquor has the meaning given to it in section 3 of the Liquor Control Act 1988;                       local government means the Shire of Broome;

local government property means anything:

(a)   which belongs to, is owned by or is under the care, control and management of the local government;

(b)   which is an “otherwise unvested facility” within section 3.53 of the Act; or

(c)      of which the local government is a management body under the Land Administration Act 1997, but does not include a thoroughfare;

          market means a collection of stalls set up or conducted for the purpose of trading;

          market licence means a licence issued under this local law to set up or conduct a market in a public place;

          nuisance means:

          (a)      any activity, thing, condition, circumstance or state of affairs caused or contributed to by a person which is injurious or dangerous to the health of another person of normal susceptibility, or which has a disturbing effect on the reasonable physical, mental or social state of another person;

          (b)      any thing a person does or permits or causes to be done which interferes with or is likely to interfere with the reasonable enjoyment or safe use by another person of any public place; or

          (c)      any thing a person does in or on a public place which unreasonably detracts from or interferes with the enjoyment or value of nearby land owned by another person;

outdoor dining area means an area in which tables, chairs and other structures are provided for the purpose of the supply of food or drink to the public or the consumption of food or drink by the public;

outdoor dining licence means a licence issued under this local law to set up and conduct an outdoor dining area in a public place;

pavement or visual artist means performance art whereby the artist renders artistic designs on pavement such as streets, footpaths and town squares or creates visual artworks such as painting, sculpting, drawing, photography etc;

person does not include the local government;

proprietor in relation to a food premises, means -

(a)      the person carrying on the food business or if that person cannot be identified, the person in charge of the food business; or

          (b)      the holder of a hotel licence, a limited hotel licence, a special facility licence or a restaurant licence granted under the Liquor Control Act 1988 in relation to the food premises;

public liability insurance policy means an insurance policy held with an insurance company that insures against all sums for which the policy holder may become legally liable by way of compensation for claims of personal injury or property damage that a third party suffers (or claims to have suffered) as a result of the policy holder’s business operation/activities;

public place means any thoroughfare or local government property;

public thoroughfare means any thoroughfare which the public are allowed to use; stall means a movable or temporarily fixed structure, stand or table and includes a vehicle;

          standard business card means a card made of paper or cardboard displaying the details of the licensee that is no larger than 8.5 centimetres by 5.5 centimetres in size;

          street entertainment means any form of theatrical, artistic, musical, audio or visual performance, whether for reward or not, and includes busking;

street entertainment licence means a licence issued under this local law to engage in street entertainment in a public place;

thoroughfare means a road or other thoroughfare including parking areas, structures or other things appurtenant to the thoroughfare that are within its limits, and nothing is prevented from being a thoroughfare only because it is not open at each end;

trading includes:

(a)      the selling or offering for sale of goods or services in a public place; or

(b)      the hiring or offering for hire of goods; or 

(c)      the soliciting of orders for goods or services in a public place; or

(d)      the undertaking of training or instruction, including fitness classes, in a public place, where:

(i)    any person(s) receiving the training or instruction pay a fee to the person undertaking the training or instruction; and

(ii)    the training or instruction operates primarily and regularly in public places; or

          (d)      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

          (e)      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:

A.    the delivery of pre ordered goods or services to the purchaser of those goods or services; or

B.    the taking of further orders for goods or services from the purchaser of the pre ordered goods or services when those orders are taken at the same time as the previous order is being delivered;

                   but excludes the erection or placement of a sign advertising the selling or hiring of, the offering for sale or hire of or the soliciting of orders for goods or services in a public place approved in accordance with the Shire of Broome Local Government Property and Public Places Local Law 2012;

trading licence means a licence issued under this local law to carry on trading; and

vehicle includes:

(a)      every conveyance and every object capable of being propelled or drawn on wheels, tracks or otherwise; and

(b)      an animal being ridden, driven or led,

but excludes:

(c)      a wheel-chair or any device designed for use, by a physically impaired person on a footpath; and

(d)      a pram, stroller or  similar device.

 

 

PART  2 - APPLICATION FOR LICENCE AND ISSUE OF LICENCE

 

2.1     Planning consent

 

          The requirement for a licence under this local law is additional to the requirement, if any, for development approval.

 

2.2     Application for licence

 

 

          2.2.1  Where a person is required to obtain or hold a licence under this local law, that person must apply for the licence in accordance with subclause 2.2.2 and—

 

                   (a)      clause 3.3 in the case of an application for an outdoor dining licence;

                   (b)     clause 4.3 in the case of an application for a market licence;

                   (c)      clause 5.4 in the case of an application for a trading licence; and

                   (d)     clause 6.3 in the case of an application for a street entertainment licence.

 

          2.2.2  An application for a licence under this local law must —

 

                   (a)      be in the form determined by the local government;

                   (b)     be signed by the applicant;

                   (c)      provide the information required by the form or by any other clause of this local law; and

                   (d)     be forwarded to the local government together with the application fee.

 

          2.2.3  The local government may refuse to consider or determine an application for a licence which is not in accordance with subclause 2.2.2 or any other clause containing requirements to be complied with when making an application for a licence.

 

2.3     Determination of application

 

 

          2.3.1  The local government may, in respect of an application for a licence —

 

                   (a)      refuse to approve the application; or

                   (b)     approve the application on such terms and conditions, if any, as it sees fit.

 

          2.3.2  The local government may refuse to approve an application for a licence, where -

 

                   (a)      it is not in accordance with clause 2.2 or any other clause containing requirements to be complied with when making an application for a licence;

                   (b)     the activity will have an unreasonable impact on an established shop or an activity undertaken under an existing licence;

(c)      the application does not comply with a policy of the local government adopted by the Council and relevant to that application;

(d)      the proposed activity or location in respect of which a licence is sought is considered by the local government to be undesirable;

(e)      the proposed stall is considered by the local government to be unsuitable in any respect for the activity or location for which the licence is sought;

(f)      the applicant is not a suitable person to hold a licence;

                   (g)     the applicant is an undischarged bankrupt or is in liquidation;

                   (h)      the applicant has entered into any composition or arrangement with creditors;

                   (i)       a manager, an administrator, a trustee, a receiver or a receiver and manager has been appointed in relation to any part of the applicant’s undertakings or property; or

                   (j)       there are other grounds on which the local government considers  the application should be refused.

 

          2.3.3  Where the local government approves an application for a licence, it may approve the application subject to conditions by reference to any policy of the local government adopted by the Council which contains conditions subject to which an application for a licence may be approved.

 

          2.3.4  If the local government refuses to approve an application for a licence, it is to give written reasons for that refusal to the applicant.

 

2.4     Issue of licence

 

 

          2.4.1  When—

                   (a)      the local government approves an application for a licence; and

                   (b)     the applicant pays the licence fee,

                   then the local government will issue to the applicant a licence in the form determined by the local government.

 

          2.4.2  A licence may include plans or other documents other than the form of licence.

 

2.4.3  A licence will not be valid until such time as any public liability insurance policy, if required as a condition of the licence, has been put into effect and a certificate of currency covering the period of the licence has been provided to the local government.

 

2.4.4  The local government may vary the terms or conditions of a licence and the licensee must comply with those terms and conditions as varied on and from the date of notification of the variation.

 

2.5     Licence renewal

 

 

          2.5.1  Prior to the expiry of an outdoor dining licence, a market licence or a trading licence, the licensee may apply to the local government for the renewal of the licence.

 

          2.5.2  Subject to subclause 2.5.3, the provisions of this local law which are relevant to the licence to be renewed apply to an application for the renewal of the licence.

 

          2.5.3 Where the relevant details in relation to an activity have not changed since the licence was issued, the licensee is not required to resubmit details required at the time of the initial application with the application to renew the licence.

 

          2.5.4  Where the local government approves an application under subclause 2.5.1—

 

                   (a)      the licensee must pay the licence fee for the renewed licence prior to the issue of that licence; and

                   (b)     the renewed licence will be in the form determined by the local government.

 

2.6     Fees

 

         

          2.6.1  All fees referred to in this local law will be imposed and determined by the local government under and in accordance with sections 6.16 to 6.19 of the Act.

 

          2.6.2  In the event of the cancellation of a licence, a licensee will not be entitled to a refund of the licence fees for the remainder of the licence period unless the licence is cancelled under clause 2.7(g).

 

2.7     Cancellation of licence

 

          The local government may cancel any licence if—

 

                   (a)      the licensee does not comply with the conditions of the licence;

          (b)      the licensee is convicted of an offence against this local law;

(c)      the licensee does not comply with subclause 8.6.1 where it is a condition of the licence that the licensee provide a public liability insurance policy;

(d)      the licensee does not comply with a notice given under Part 8;

(e)      the licensee fails to undertake the activity approved by the licence for a period of 12 months;

(f)      when relevant to the activity regulated by the licence:

(i)       the licensee has become bankrupt or gone into liquidation;

(ii)      the licensee has entered into any composition or arrangement with creditors; or

(iii)     a manager, an administrator, a trustee, a receiver, or a receiver and manager is appointed in relation to any part of the licensee's undertakings or property; or

          (g)      there are other grounds on which the local government considers the licence should be cancelled.

 

2.8     Suspension of licensee rights and privileges

 

 

          2.8.1  Where a public liability insurance policy is required as a condition of a licence, the rights and privileges granted to a licensee on the issue of a licence will be taken to be suspended if that policy lapses, is cancelled or is no longer current.

 

          2.8.2  The rights and privileges granted to a licensee on the issue of a licence may be suspended by the local government for the purpose and duration of any works proposed or done in or adjacent to the area subject of the licence, by or on behalf of a Government department, instrumentality of the Crown or the local government.

 

2.9     Rights of objection and appeal

 

          When the local government makes a decision as to whether it will—

 

          (a)      grant a person a licence under this local law; or

          (b)      renew, vary, transfer or cancel a licence that a person has under this local law,

 

          the provisions of Division 1 of Part 9 of the Act and regulation 33 of the Local Government (Functions and General) Regulations 1996 apply to that decision.

 

 

PART 3 - OUTDOOR DINING

 

3.1     Outdoor dining

 

          A person must not establish an outdoor dining area in a public place without an outdoor dining licence, unless the outdoor dining area is established—

(a)      in accordance with a development approval;

(b)      as part of an event; or

(c)      in accordance with an approval granted by the local government under another written law.

 

 

3.2     Limitations on outdoor dining

 

          An outdoor dining licence—

 

          3.2.1  (a)      may only be issued—

(i)    to the proprietor of a food premises, for use of land adjacent to the food premises;

(ii)    where the positioning of tables and chairs is not in conflict with existing street furniture approved or installed by the local government; and

(iii)   where the pedestrian flow on any footpath will not be unreasonably impeded; and

(b)      is only transferable with the approval of the local government and on payment of the transfer fee.

 

          3.2.2  The issue of an outdoor dining licence does not give the licensee exclusive possession or use of the approved outdoor dining area.

 

3.3     Licence application

 

         

3.3.1  An applicant for an outdoor dining licence must comply with subclause 2.2.2.

 

3.3.2  The application for an outdoor dining licence must be forwarded to the local government together with:

 

          (a)      a plan or plans to a scale of 1:50 showing—

                          (i)    the location and dimensions of the proposed outdoor dining area and the means by which the outdoor dining area will be separated from the rest of the public place;

                          (ii)    the food premises to which the outdoor dining area is adjacent, including any indoor seating areas, the area of food preparation and any counter service, and the dimension, location and purpose of all entrances to the food premises;

                          (iii)   the dimensions, levels and slope of the adjacent footpath and the location and nature of any street furniture, drainage and utilities in the immediate vicinity of the food premises;

                          (iv)   the location and nature of any parking or service bays in the immediate vicinity of the food premises and the alignment of the adjacent carriageway;

                          (v)   the number, position and dimensions of all tables, chairs and associated furniture and fixtures proposed to be placed in the outdoor dining area;

                          (vi)   the position and description of any landscaping, bollards or other objects proposed to be used or displayed in the proposed outdoor dining area; and

(vii)  any other information requested by the local government to assist with the assessment of the application;

 

(b)      a plan to a scale of 1:50 showing the location of the proposed outdoor dining area and all land and improvements within 30 metres of the boundaries of the eating area, and in particular—

(i)    the development and use of adjoining properties, including the location of any pedestrian or service access to those sites, the alignment of the building facade and the location of any windows;

(ii)    the footpath and carriageway alignment, vehicle crossovers and any on-street parking provision or restrictions; and

(iii)   any street furniture or other structures situated in the verge area including any power poles, bollards, phone booths, bus shelters, fire hydrants, trees or free standing signage;

 

(c)      a management plan outlining the operations of the proposed outdoor dining area including—

(i)    the manner in which food and other dining accessories will be conveyed to and protected from contamination in the proposed outdoor dining area;

(ii)    the proposed days and times of operation of the outdoor dining area;

(iii)   the nature of any advertising devices to be displayed on or within the proposed outdoor dining area;

(iv)   the arrangements for serving liquor to customers in the proposed outdoor dining area;

(v)   where tables, chairs, furniture and equipment to be used as part of the proposed outdoor dining area will be stored when the proposed outdoor dining area is not open for business;

(vi)   the daily cleaning schedule for the proposed outdoor dining area which must include:

A.      sweeping, washing or scrubbing the paved surface;

B.      removing and disposing of all rubbish, food and cigarette ashes and butts; and

C.      clearing the immediate surrounds of any rubbish, matter or things coming from or caused by patrons of the proposed outdoor dining area;

(vii)  the type of table ornaments, including umbrellas and ashtrays, to be provided, noting that ashtrays must be such that the contents of the ashtray and the ashtray itself will not be blown onto the paved surface of the proposed outdoor dining area; and

(viii) details of how customers of the proposed outdoor area will be discouraged from throwing or disposing of rubbish, cigarette butts or food onto the paved surface of the proposed outdoor dining area.

 

3.4     Outdoor dining licence

 

         

          3.4.1  An outdoor dining licence granted by the local government will include—

 

                   (a)      an endorsed copy of the plan or plans detailing the location and number of tables and chairs, plus any other furniture and equipment required for the operation of the outdoor dining area;

                   (b)     the management plan;

            (c)      the days and hours of operation; and

                   (d)     details of any terms and conditions to be included as part of the licence.

 

          3.4.2  The licensee must not commence trading until the local government is satisfied that all conditions imposed under subclause 2.3.1(b) have been met.

 

3.5     Term and validity of licence

 

 

          3.5.1  An outdoor dining licence remains valid until—

 

                   (a)      30 June of the financial year in which the licence was issued, noting that the licence fee for a licence may be calculated on a pro-rata basis;

                   (b)     the proprietor of the food premises changes and no transfer of the licence has been approved under subclause 3.2.1(b);

                   (c)      variations are made to the outdoor dining area, including an increase or reduction in the approved outdoor dining area or the type of furniture or equipment used in the operation, unless the variations are made by the local government in accordance with clause 2.4.4;

                   (d)     any public liability insurance policy required as a condition of the licence lapses, is cancelled or is no longer in operation; or

                   (e)      the licence is cancelled by the local government.

 

3.5.2  If any of the events specified in subclause 3.5.1 occur, then a new application for an outdoor dining licence must be made and a new outdoor dining licence issued before any outdoor dining area can be established.

 

3.6     Cancellation of an outdoor dining licence

 

 

          3.6.1  Without limiting clause 2.7, the local government may cancel an outdoor dining licence where —

 

(a)      there is a lapse or cancellation of the food premises registration or licence issued to the proprietor under the Food Act 2008; or

                   (b)     the setting up or conduct of the outdoor dining area is determined by the local government to be detrimental to the interests of the public, any adjacent property owner or occupier or cause a nuisance because of the behaviour of customers.

 

          3.6.2  A decision to cancel a licence under sub-clause (b) will not be made without first having advised the licensee of the nature of any complaint or concern and having given the licensee an opportunity to respond.

 

3.7     Responsibilities of licensee

 

 

          3.7.1  The licensee must—

 

                   (a)      comply with the conditions of the outdoor dining licence;

                   (b)     not permit the operation of the outdoor dining area to extend beyond the portion of a public place specified in the plans approved as part of the licence;

                   (c)      manage the approved outdoor dining area in accordance with the approved management plan submitted with the application, subject to any approved amendments or modifications by the local government;

                   (d)     keep the approved outdoor dining area free of any obstacle or matter likely to cause injury to persons or property;

                   (e)      ensure furniture and equipment remains within the approved outdoor dining area and the storage location approved as part of the licence and does not impede pedestrian flow or access;

(f)      repair any damage to the surface area or any fixtures, fittings or utility services in or on the approved outdoor dining area caused by or attributable to the conduct of the approved outdoor dining area;

(g)      pay all fees, charges, rates and taxes levied or incurred as a result of the establishment and operation of the approved outdoor dining area;

                   (h)      ensure trading within the approved outdoor dining area is limited to only the operating hours stated in the licence;

(i)       pay all and any costs associated with the alteration, repair, reinstatement or reconstruction of all or part of the approved outdoor dining area or adjacent public place required as a result of the operation of the outdoor dining area.

 

          3.7.2  If the outdoor dining licence lapses or is cancelled, the licensee must—

 

(a)      remove all furniture, equipment, structures and other things placed in or adjacent to the approved outdoor dining area; and

(b)      reinstate the area to the satisfaction of the local government or pay the costs of that reinstatement.

 

 


PART 4 - MARKETS

 

4.1     Markets

 

          A person must not set up or conduct a market in a public place without a market licence, unless the market—

          (a)      forms part of an event; or

              (b) is established in accordance with an approval granted by the local government under another written law.

 

4.2     Limitations on markets

 

 

4.2.1  A market licence is only transferable with the approval of the local government and on payment of the transfer fee.

 

          4.2.2  The issue of a market licence does not give the licensee exclusive possession or use of the approved market area.

 

4.3     Licence application

 

         

          4.3.1  An applicant for a market licence must comply with subclause 2.2.2.

 

          4.3.2  An application for a market licence must be forwarded to the local government together with—

 

(a)   a plan or plans to a scale of 1:50 showing:

(i)    the location and dimensions of the proposed market;

(ii)    the dimensions of the public place including any footpath, and the location and nature of any street furniture, trees, utilities, parking or service bays in the area of the proposed market; and

(iii)   the position and dimensions of all proposed stalls;

(b)   any other information requested by the local government to assist with the assessment of the application;

(c)   a management plan outlining the operations of the proposed market including:

(i)    the days and times of operation;

(ii)    the type and form of any advertising devices to be displayed on or within the proposed market; and

(iii)   details of how the operational responsibilities of the licensee will be met;

(d)   the nature and extent of any activity relating to street entertainment; and

(e)   details of the goods or services to be traded under the market licence.

 

4.4     Market licence

 

          A market licence granted by the local government will include—

 

          (a)      a licence number;

          (b)      an endorsed copy of the plan or plans detailing the location where any stalls, furniture displays and other equipment may be placed for the operation of the market;

          (c)      the management plan;

          (d)      the days and hours of operation; and

          (e)      any terms and conditions of the licence.

 

4.5     Term and validity of licence

 

 

          4.5.1  A market licence remains valid until—

         

                   (a)      the expiry date stated in the licence is reached;

                   (b)     variations are made to the market area, including an increase or reduction in the approved market area, unless the variations are made by the local government in accordance with clause 2.4.4;

                   (c)      any public liability insurance policy required as a condition of the licence lapses, is cancelled or is no longer in operation; or

                   (d)     the licence is cancelled by the local government.

 

          4.5.2  If any of the events specified in subclause 4.5.1 occur, then a new application for a market licence must be made and a new market licence issued before any market can be set up or conducted.

 

4.6     Responsibilities of licensee

 

 

          4.6.1  The licensee must—

                   (a)      comply with the conditions of the market licence;

                   (b)     not permit the operation of the market to extend beyond the portion of a public place specified in the plans and approved as part of the licence;

          (c)      prior to setting up or conducting the market, obtain the following further approvals and make arrangements as follows:

(i)    where the market is to be set up or conducted on a public thoroughfare, obtain approval from the local government and Western Australian Police Service for the closure of the public thoroughfare to vehicular traffic or the part of it where the market is to be held during the hours of operation of the market;

(ii)    ensure adequate refuse collection arrangements have been made to the satisfaction of the local government; and

                            (iii)   where appropriate, have the necessary local government approvals under the Health (Public Buildings) Regulations 1992, including a:

                            A.       certificate of approval under regulation 6 of those regulations; and

                                      B.       certificate of electrical compliance under regulation 10 of those regulations.

 

          4.6.2  During the operation of the market and the setting up and dismantling of the market, the licensee must—

                   (a)      maintain pedestrian access through and beyond the approved market area;

                   (b)     maintain access to building entries adjacent to the approved market area;

                   (c)      retain access to existing or approved outdoor dining areas associated with the building entries referred to in sub-clause (b);

                   (d)     maintain adequate access for emergency vehicles through any thoroughfare of the approved market area;

                   (e)      stabilise all stalls, furniture and other equipment provided and used in the operation of the market at all times and remove stalls, furniture and equipment when not in use;

                   (f)      maintain noise levels from any associated music, announcements and the like, in accordance with any condition of the market licence, so as not to cause a nuisance; and

                   (g)     maintain the approved market area clean and free from rubbish.

 

          4.6.3  The licensee must at the conclusion of the operation of each market, ensure that all stalls, furniture and other equipment used in the operation of the market, are removed and the area returned to the condition it was in before the commencement of the market, and to the satisfaction of the local government.

 

 

PART 5 – TRADING

 

5.1     Trading

 

          A person must not undertake trading in a public place without a trading licence, unless the trading—

(a)   is undertaken as part of an event;

(b)   is undertaken in accordance with a valid market licence;

(c)   is undertaken in accordance with an approval granted by the local government under another written law; or

(d)   is of a type or undertaken in a way that is specified as being exempt from the requirement for a trading licence under a policy adopted by the local government.

 

 

5.2     Limitations on trading

 

 

          5.2.1  A trading licence is only transferable with the approval of the local government and on payment of the transfer fee.

.

 

          5.2.2  The issue of a trading licence does not give the licensee exclusive possession or use of the approved trading area.

 

5.3     Exemption from requirement to pay fee

 

 

          5.3.1  In this clause:

 

charitable organisation means an institution, association, club, society or body, whether incorporated or not, the objects of which are of a charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature and from which any member does not receive any pecuniary profit except where the member is an employee or the profit is an honorarium.

 

          5.3.2  The local government may waive the application fee referred to in clause 2.2.2(d) or the licence fee referred to in clause 2.4.1(b) or both, or may return any such fee which has been paid, if trading is carried on—

 

(a)      on a public place adjoining the normal place of business of the applicant for the trading licence; or

(b)      solely by members of a charitable organisation to raise funds for that charitable organisation.

 

5.4     Licence application

 

         

5.4.1  An applicant for a trading licence must comply with subclause 2.2.2.

 

5.4.2  An application for a trading licence must be forwarded to the local government together with—

(a)   details of the number of persons to be employed or engaged in the trading at any one time;

(b)   a plan of the proposed location or, where the trading will not be conducted from a fixed location, a description of the route or areas from which the applicant proposes to trade;

(c)   details of the days and hours of operation;

(d)   details of the proposed goods or services to be traded under the trading licence;

(e)   if any stall will be used for trading, a detailed and accurate plan and description, including dimensions, of the stall; and

(f)    where the applicant is a corporation, the name and address of the person responsible for complying with any terms and conditions of the licence.

 

5.5     Trading licence

 

          A trading licence granted by the local government will—

          (a)      include a licence number;

          (b)      include the location, days and hours of operation and approved trading area;

          (c)      detail the goods or services which can be traded under the trading licence;

          (d)      specify the number of persons that may carry on trading at any time under the trading licence; and

          (e)      detail any other terms and conditions imposed on the licence.

 

5.6     Term and validity of licence

 

 

          5.6.1  A trading licence remains valid until—

                   (a)      the expiry date stated in the licence is reached;

                   (b)     variations are made to the trading area or activities, including an increase, reduction or change in the approved trading area, unless the variations are made by the local government in accordance with subclause 2.4.4;

                   (c)      any public liability insurance policy required as a condition of the licence lapses, is cancelled or is no longer in operation; or

                   (d)     the licence is cancelled by the local government.

 

          5.6.2  If any of the events specified in subclause 5.6.1 occur, then a new application for a trading licence must be made and a new trading licence issued before any trading can be carried out.

 

5.7     Responsibilities of licensee

 

 

          5.7.1  The licensee must—

                   (a)      comply with the conditions of the trading licence;

                   (b)     where a stall is being used for trading:

                            (i)       display a sign indicating the name of the licensee and the licence number, with letters and numerals not less than 5 centimetres in height in a conspicuous place in the approved trading area;

                            (ii)      ensure that the approved trading area is attended either by the licensee or a person employed or engaged in the trading activity at all times when trading is being undertaken;

                            (iii)     keep the stall in a clean and safe condition and in good repair;

                            (iv)     keep the approved trading area free from refuse and rubbish;

                            (v)      remove any stall, goods, equipment and signs from the approved trading area and leave that location clean and vacant -

                                      A.      at the conclusion of the permitted hours of operation specified in the trading licence; and

                                      B.      whenever trading is not taking place; and

                   (c)      have the trading licence available at all times trading is being undertaken, for inspection at the request of any authorised person.

 

          5.7.2  The licensee must not—

                   (a)      permit any trading activity to extend beyond the approved trading area;

                   (b)     engage in or permit any trading in any goods or services other than those specified in the trading licence;

                   (c)      cause, permit or suffer any nuisance to exist, arise or continue on or from the approved trading area;

                   (d)     deposit, place or store any goods on any public place, other than within the trading area;

                   (e)      obstruct the free passage of pedestrians on any footpath or pedestrian accessway;

                   (f)      use or display or permit to be used or displayed any advertisement, placard, poster, streamer, sign or signboard on or about the approved trading area exceeding a total area of 0.5 square metres;

                   (g)     erect and maintain any signs in accordance with sub-clause (f) so as to obscure any other signage on or adjacent to the approved trading area;

                   (h)      cry out or shout about, or permit any other person to cry out or shout about, any goods or services in any public place or from the trading area, to the detriment of or causing a nuisance to nearby traders or persons undertaking commercial activities; or

                   (i)       use or permit to be used—

A.    any loud hailer, microphone, amplifier or other apparatus for making or transmitting sound, on or from the approved trading area, unless approved by the local government;

B.    any record, tape, radio, bell, musical instrument or other instrument or device capable of being heard beyond the boundaries of the approved trading area unless approved by the local government;

       C.    any flashing or intermittent lighting apparatus or device on or from the approved trading area; or

       D.    an apparatus or device including a flap or shelf whereby the dimensions of the stall are increased beyond the dimensions specified in the trading licence.

 

 

PART 6 - STREET ENTERTAINMENT

 

6.1     Street entertainment

 

          A person must not engage in street entertainment in a public place without a street entertainment licence, unless the street entertainment—

(a)   forms part of an event;

(b)   forms part of a market for which a licence has been granted by the local government under clause 4.4; or

(c)   is provided in accordance with an approval granted by the local government under another written law.

 

6.2     Limitations on street entertainment

 

 

          6.2.1  A street entertainment licence is not transferable.

 

6.2.2  The issue of a street entertainment licence does not give the licensee exclusive possession or use of the approved street entertainment area.

 

6.3     Licence application

 

 

6.3.1  An applicant for a street entertainment licence must comply with subclause 2.2.2.

 

6.3.2  An application for a street entertainment licence must be forwarded to the local government together with—

(a)   details of the nature of the proposed street entertainment;

(b)   details of any musical instrument or amplifier proposed to be used;

(c)   details of the number of people to be involved in the proposed street entertainment; and

(d)   any other information requested by the local government.

 

6.4     Street entertainment licence

 

          A street entertainment licence issued by the local government will include—

          (a)      a licence number;

          (b)      details of the location and equipment that can be used for the street entertainment;

          (c)      the days and permitted times for the street entertainment; and

          (d)      any other terms and conditions of the licence.

 

6.5     Term and validity of licence

 

 

          6.5.1  A street entertainment licence remains valid until—

         

                   (a)      the expiry time and date stated in the licence is reached;

                   (b)     any public liability insurance policy required as a condition of the licence lapses, is cancelled or is no longer in operation; or

                   (c)      the licence is cancelled by the local government.

 

6.5.2  If any of the events specified in subclause 6.5.1 occur, then a new application for street entertainment must be made and a new street entertainment licence issued before any street entertainment can take place.

 

6.6     Responsibilities of licensee

 

 

          6.6.1  The licensee of the street entertainment licence must—

 

(a)      comply with the conditions of the street entertainment licence;

(b)     not permit the street entertainment to extend beyond the specified portion of the public place approved in the street entertainment licence;

(c)  ensure that the conduct of street entertainment approved under the licence:

                            (i)     does not prevent or impede pedestrian flow or access to and along footpaths, entry or exit to shops and other buildings;

                            (ii)    does not prevent or impede vehicular flow or access to and along any thoroughfare or vehicular entry or exit to any shop or other building;

         (iii)   does not cause a nuisance to any other street entertainment or activity approved by the local government;

                             (iv)   unless otherwise approved, does not have more than 4 people participating in any one performance;

         (v)    unless otherwise approved, does not include any person under the age of 14 years -

                                    A.    during school hours, on school days;

                                    B.    between 7.00pm and 6.00am;

         

              (vi)   does not include, involve or permit—

A.    anything that is offensive or obscene;

B.    the use of fire;

C.    any weapon or object with sharp edges, including knives or swords;

D.    any motorised machinery that emits a loud noise in its operation or is not suitable in the location;

E.    any other activity, object or matter whatsoever that endangers the safety of the public or the performer; or

F.    cruelty to an animal;

                             (vii)  does not include any amplification unless specifically approved and endorsed on the street entertainment licence;

                            (viii) notwithstanding sub-clause (vii), does not include any amplification between Monday to Saturday, 10.00pm to 7.00am and Sundays between 10.00pm and 9.00am; and

                            (ix)   complies at all times with the Environmental Protection (Noise) Regulations 1997;

                   (d)   use the approved street entertainment area to perform during the days and times specified in the licence or vacate that area;

(e)   produce the street entertainment licence when requested to do so by an authorised person;

                   (f)    display—

(i)    a sign indicating the name of the licensee and the licence number with letters and numerals not less than 5 centimetres in height in a conspicuous place in the performance location; or

(ii)    standard business cards;

(g)   if the licensee is a performing pavement or visual artist, return the performance location, including the pavement surface, to its former condition on the completion of a performance; and

(h)   comply at all times with a direction of an authorised person.

 

          6.6.2  A licensee of a street entertainment licence must not—

 

          (a)      reserve or attempt to reserve a performance location within the approved street entertainment area or leave equipment at a location used for performances unless immediately before, during or after a performance;

          (b)      trade any goods or services without a licence issued for that purpose;

          (c)      erect or display, or permit to be erected or displayed, at or near the performance location any sign—

                   (i)       larger than 0.25 square metres in area, displaying the name of the performance; or

                   (ii)      standard business cards;

(d)      perform in any one location for more than 60 minutes, unless specifically authorised in the licence, unless the performance is by a pavement or visual artist; and

(e)      if the licensee is a performing pavement or visual artist, use spray paint, crayons, felt tip pens or other indelible materials unless working on paper or card.

 

6.7     Cancellation or variation of street entertainment licence

 

          Without limiting clause 2.7, the local government may cancel or vary the terms and conditions of a street entertainment licence in the event that—

          (a)      a complaint is received about a performance or the amenity of a performance location;

          (b)      an authorised person has concerns with the content or material used in the performance; or

          (c)      the licensee fails to meet any of the responsibilities detailed in clause 6.6.

 

 

PART 7 - SECURED SUM

 

7.1     Security for restoration and reinstatement

 

 

7.1.1  The local government may require the payment of a bond, bank guarantee or other form of security acceptable to the local government for the purpose of ensuring that a public area is repaired, restored or reinstated.

 

         

7.1.2  A bond, bank guarantee or other form of security payable in accordance with subclause 7.1.1 may be required—

              (a)      as a condition of a licence;

                   (b)     before the issue of a licence; or

                   (c)      before the renewal or transfer of an outdoor dining licence, market licence or trading licence.

 

          7.1.3  The local government will determine the amount payable as a bond, bank guarantee or other form of security payable in accordance with subclause 7.1.1.

 

          7.1.4  If a bond is paid under subclause 7.1.1, the local government must deposit the bond into an account established by the local government for the purpose of holding bonds or other forms of security.

 

7.2     Use by the local government of secured sum

 

 

          7.2.1  If a licensee fails to carry out or complete the restoration and reinstatement works required by the licence conditions or by a notice where the local government has given the licensee a notice requiring such works to be carried out ("the required restoration and reinstatement work")—

                   (a)      within the time specified in those conditions;

                   (b)          where no such time has been specified, within a reasonable period of time from the expiration of the licence;

                   (c)      within 14 days of being given a notice or such other time as may be specified in the notice,

                   then the local government may carry out or cause to be carried out the required restoration and reinstatement work or so much of that work that has not been completed.

 

          7.2.2  The licensee must pay to the local government on demand all administrative, legal, contractor and other costs actually incurred by the local government in carrying out and completing the required restoration and reinstatement work.

 

          7.2.3  The local government may apply the proceeds of any bond, bank guarantee or other security provided by the licensee under clause 7.1 to meet the costs referred to in subclause 7.2.2.

 

          7.2.4  The liability of a licensee to pay the costs referred to in subclause 7.2.2 is not limited to the amount, if any, secured under clause 7.1.

 

          7.2.5  A person or a licensee is not entitled to make any claim by way of damages or otherwise, against an authorised person, local government employee, local government appointed sub-contractor or other person authorised by the local government to enter the land and carry out all or part of the required restoration and reinstatement work.

 

 

PART 8 - MISCELLANEOUS

 

8.1     Directions of authorised person

 

 

8.1.1  An authorised person may direct a person to stop doing anything which the authorised person considers on reasonable grounds the person is in the process of doing, which is contrary to this local law or the condition of a licence issued under this local law.

 

8.1.2  A person who is given a lawful direction under subclause 8.1.1 must comply with that direction.

 

 

8.2     Notice requiring works to be done to remedy breach

 

 

          8.2.1  The local government may give notice to a licensee requiring the licensee—

 

          (a)      to rectify a breach of any condition or term of a licence or of a provision of this local law; or

(b)     to change the arrangement or operation of an approved area considered necessary to maintain public safety, facilitate public works to the public place or to protect the amenity of premises adjacent to an approved area;

 

          8.2.2  A notice issued by the local government under subclause 8.2.1 will—

(a)      outline—

(i)       details of the breach of the condition or term of the licence; 

(ii)      the provision of the local law; or

(iii)     of the change in arrangement or operation required;

(b)      require the licensee to remedy the breach or to change the arrangement or operation as required within the time specified in the notice; and

(c)      advise that where the licensee fails to comply with the requirements of the notice within the time specified, the local government may remedy the breach or change the arrangement or operation as required.

 

          8.2.3  Where the licensee fails to comply with the requirements of the notice within the time specified in the notice, the local government may by its employees, agents or contractors do all things necessary to remedy the breach of the condition or term of the licence or of the provision of this local law or to change the arrangement or operation which is required by the notice.

 

          8.2.4  The local government may recover the expenses incurred in doing the works referred to in subclause 8.2.3—

                   (a)      by deducting the expenses from the secured sum (if any), and where the secured sum is less than the expenses, the local government may recover the balance through a court of competent jurisdiction; or

(b)     from the licensee in a court of competent jurisdiction.

 

8.3     Notice to advise licensee of planned or emergency works

 

 

          8.3.1  The local government will give 14 days notice of any works to be undertaken by the local government, that will require closure, part closure or access to an approved area.

 

          8.3.2  Where the local government is to carry out emergency works in an approved area, the local government will give such a period of notice which it considers reasonable in the circumstances.

 

 

8.4     Works in public property

 

          Where an applicant or a licensee is required to obtain the local government's permission under regulation 17 of the Local Government (Uniform Local Provisions) Regulations 1996, any licence issued under this local law to the applicant or licensee will not be taken to be a grant of that permission.

 

8.5     Serving of notice

 

  Where a notice or other document is to be given to a person by the local government under this local law, it may be given to the person—

          (a)      by delivering it to the person personally;

         (b)      where the person is an applicant or a licensee, by posting it by prepaid post to or leaving it at the address appearing on the application for a licence or the licence; or

          (c)      where the person is not an applicant or a licensee, by posting it by prepaid post to or leaving it at the usual or the last known place of residence or business of the person.

 

8.6     Public liability insurance and indemnity

 

 

8.6.1  Where as a condition of a licence, the licensee is required to obtain public liability insurance, this public liability insurance must indemnify the local government against all actions, suits, claims, damages, losses and expenses made against or incurred by the local government arising from any activity, action or thing performed or erected under the licence.

         

8.6.2  The public liability insurance policy referred to in subclause 8.6.1 must be kept current for the duration of the licence and—

(a)   must be in the name of the licensee and the local government for a minimum value of $5,000,000 or such other amount as the local government considers appropriate to the risk involved; 

(b)   include a clause which prevents the policy from being cancelled without the written consent of the local government;

(c)   include a clause which requires both the licensee and the insurance company to advise the local government if the policy lapses, is cancelled or is no longer in operation; and

(d)   be available for inspection by an authorised person.

 

          8.6.3  A licensee who refuses or cannot provide a current certificate of insurance within 2 working days of a request under subclause 8.6.2(d) commits an offence.

 

 

PART 9- OFFENCES AND PENALTIES

 

9.1     Offences

 

 

          9.1.1  A person who fails to do anything required or directed to be done under this local law, or who does anything which under this local law that person is prohibited from doing without reasonable excuse, commits an offence.

 

          9.1.2  Whenever the local government gives a notice under this local law requiring a person to do anything, if the person fails to comply with the notice, the person commits an offence.

 

          9.1.3  A person who commits an offence under this local law will be liable, upon conviction, to a penalty not exceeding $5,000, and if the offence is of a continuing nature, to an additional penalty not exceeding $500 for each day or part of a day during which the offence has continued.

 

9.2     Prescribed offences and modified penalties

 

 

          9.2.1  An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of section 9.16(1) of the Act.

 

9.2.2  The amount appearing in the final column of the table in Schedule 1 directly opposite an offence described in Schedule 1 is the modified penalty for that offence.

 

9.2.3  If the offence is of a continuing nature, the modified penalty of $50 applies for the offences described in Schedule 1 for each day or part of a day during which the offence continues following the issue of an infringement notice for the amount calculated in accordance with subclause 9.2.2.

 


Schedule 1 - Prescribed offences and modified penalties

[cl 9.2]

 

Item No

Clause No

Nature of Offence

Modified Penalty $

PART 3 – OUTDOOR DINING

1

3.1

Establishing an outdoor dining area in a public place without an outdoor dining licence.

250

2

3.7.1(a)

Failing to comply with conditions of outdoor dining licence.

150

3

3.7.1(b)

Permitting operation of outdoor dining area to extend beyond approved area.

150

4

3.7.1(c)

Failing to manage outdoor dining area in accordance with approved management plan.

150

5

3.7.1(d)

Failing to keep licenced area free of any obstacle or matter likely to cause injury to persons or property.

150

6

3.7.1(e)

Failing to ensure furniture or equipment remains in approved outdoor dining area and does not impede pedestrian flow.

150

7

3.7.1(f)

Failing to repair damage to surface area, fixtures, fittings or utility services caused by operation of an outdoor dining area.

150

8

3.7.1(h)

Failing to ensure trading in outdoor dining area is limited to operating hours stated in licence.

150

9

3.7.2

Failing to remove all equipment, structures and other things and reinstate area to satisfaction of local government on cessation of licence and pay reinstatement costs.

150

Part 4 –MARKETS

10

4.1

Setting up or conducting market without licence

250

11

4.6.1(a)

Failing to comply with conditions of market licence

150

12

4.6.1(b)

Permitting operation of market area to extend beyond approved market area.

150

13

4.6.1(c)(i)

Failing to obtain approval from local government and Police to close public thoroughfare where market held during market times.

150

 

 

 

 

14

4.6.1(c)(ii)

Failing to make adequate refuse collection arrangements to satisfaction of local government.

150

15

4.6.1(c)(iii)A.

Failing to obtain approval under Health (Public Buildings) Regulations 1992 – Certificate of Approval.

150

16

4.6.1(c)(iii)B.

Failing to obtain approval under Health (Public Buildings) Regulations 1992 – Certificate of electrical compliance.

150

17

4.6.2(a)

Failing to maintain pedestrian access through and beyond approved market area.

150

18

4.6.2(b)

Failing to maintain access to adjacent building entries.

150

19

4.6.2(c)

Failing to retain access to existing or approved outdoor dining areas with adjacent building entries.

150

20

4.6.2(d)

Failing to maintain adequate access for emergency vehicles through any thoroughfare of the approved market area.

150

21

4.6.2(e)

Failing to stabilise all stalls and furniture and other equipment used in operation of market and remove same when not in use.

150

22

4.6.2(f)

Failing to maintain noise levels from music, announcements and the like so as not to cause a nuisance.

150

23

4.6.2(g)

Failing to maintain approved market area clean and free from rubbish.

150

24

4.6.3

Failing to remove all structures and equipment at conclusion of market.

150

PART 5 –TRADING

25

5.1

Trading without a licence.

250

26

5.7.1(a)

Failure to comply with conditions of trading licence.

150

27

5.7.1(b)(i)

Failing to display sign indicating licensee name and licence number.

100

28

5.7.1(b)(ii)

Failing to have approved trading area attended when trading.

100

29

5.7.1(b)(iii)

Failing to keep any stall in clean, safe condition and good repair.

150

30

5.7.1(b)(iv)

Failing to keep approved trading area free from refuse and rubbish.

150

31

5.7.1(b)(v)

A.

Failing to remove any stall, goods, equipment and signs and leave approved trading area clean at conclusion of operation hours.

150

32

 

5.7.1(b)(v)

B.

Failing to remove any stall, goods, equipment and signs and leave location vacant whenever trading is not taking place.

150

33

5.7.1(c)

Failing to have licence available at all operation times for inspection at the request of any authorised person.

100

 

 

 

 

34

5.7.2(a)

Trading beyond approved trading area.

150

35

5.7.2(b)

Trading in any goods or services not specified in the licence.

150

36

5.7.2(c)

Causing or permitting any nuisance to exist, arise, or continue from the approved trading area.

150

37

5.7.2(d)

Depositing, placing or storing any goods on any public place other than the approved trading area.

150

38

5.7.2(e)

Obstructing free passage of pedestrians on footpath or accessway.

150

39

5.7.2(f)

Using, displaying or permitting advertisement outside licence location, larger than approved size.

150

40

5.7.2(g)

Erecting and maintaining signs so as to obscure other signage on or adjacent to the approved trading area.

150

41

5.7.2(h)

Crying out or shouting about goods or services in public place.

150

42

5.7.2(i)A.

Using or permitting use of loud hailer, microphone, amplifier or other sound apparatus, on approved trading area without approval.

150

43

5.7.2(i)B.

Using or permitting use of any record, tape, radio or musical instrument capable of being heard outside approved trading area without approval.

150

44

5.7.2(i)C.

Using or permitting use of any flashing or intermittent lighting apparatus or device on or from approved trading area.

150

45

5.7.2(i)D.

Using or permitting use of any apparatus to increase dimensions of a stall beyond that specified in the licence.

150

PART 6 STREET ENTERTAINMENT

46

6.1

Engaging in street entertainment without a licence.

250

47

6.6.1(a)

Failing to comply with conditions of street entertainment licence

150

48

6.6.1(b)

Permitting street entertainment to extend beyond area approved as part of the licence.

100

49

6.6.1(c)(i)

Permitting the performance to impede pedestrian flow or access to and along footpaths, entry or exit to shops or other buildings.

150

50

6.6.1(c)(ii)

Permitting the performance to impede vehicular flow or access to and along any thoroughfare or vehicular entry or exit.

150

51

6.6.1(c)(iii)

Permitting the performance to cause a nuisance to any other street entertainment or activity approved by the local government.

150

52

6.6.1(c)(iv)

Having more than 4 people participating in any performance without approval.

150

53

6.6.1(c)(v)A.

Permitting the performance to include persons under 14 years of age, during school hours on a school day, without approval.

150

54

6.6.1(c)(v)B.

Permitting the performance to include persons under 14 years of age on school days between 7.00pm and 6.00am, without approval.

150

55

6.6.1(c)(vi)A.

Permitting the performance to involve anything that is offensive or obscene.

150

56

6.6.1(c)(vi)B.

Permitting the performance to involve the use of fire.

150

57

6.6.1(c)(vi)C.

Permitting the performance to involve any weapon or object with sharp edges, including knives or swords.

150

58

6.6.1(c)(vi)D.

Permitting the performance to involve any motorised machinery which emits a loud noise or is not suitable for the location.

150

59

6.6.1(c)(vi)E.

Permitting the performance to involve any activity, object or matter whatsoever that endangers the safety of the public or performer.

150

60

6.6.1(c)(vi)F.

Permitting the performance to involve cruelty to animals.

150

61

6.6.1(c)(vii)

Permitting the performance to include amplification without specific approval.

150

62

6.6.1(c)(viii)

Permitting the performance to include amplification outside permitted times.

150

63

6.6.1(d)

Failing to use the approved street entertainment area to perform during the days and times specified or vacate that area.

150

64

6.6.1(e)

Failing to produce the licence when requested by an authorised person.

100

65

6.6.1(f)(i)

Failing to display the name of the licensee and licence number during each performance.

150

66

6.6.1(g)

Failing to return the performance location to its former condition

150

67

6.6.1(h)

Failing to comply with direction of an authorised person.

150

68

6.6.2(a)

Reserving or leaving equipment at performance location unless immediately before, during or after performance.

150

69

6.6.2(b)

Trading any goods or services without licence for the purpose.

150

70

6.6.2(c)(i)

Erecting or permitting to be erected or displayed a sign larger than specified.

150

71

6.6.2(d)

Performing in same location for more than 60 minutes without approval.

150

72

6.6.2(e)

Use of spray paint, crayons, textures or other indelible materials, by a pavement or visual artist unless working on paper or card.

250

 

 

 

 

73

8.1.2

Failure to comply with a lawful direction under subclause 8.1.1.

200

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Dated [insert date] 2016

 

The Common Seal of Shire of Broome was affixed by the authority of a resolution of Council in the presence of –

 

 

R J JOHNSTON, Shire President

S MASTROLEMBO, Acting Chief Executive Officer

 


Item 9.2.3 - TRADING, OUTDOOR DINING AND STREET ENTERTAINMENT LOCAL LAW 2016

 

 

Schedule of Submissions - Trading, Outdoor Dining and Street Entertainment Local Law 2016 (Local Law)

NO.

NAME & ADDRESS

SUBMISSION

OFFICER COMMENT

OFFICER RECOMMENDATION

1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Daryl & Angela Roberson – Beach Hut

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1.      Applicant Details and current position:

 

Licence Holders Names:  Daryl & Angela Roberson

Business Name:                  Beach Hut

Licence Number:    6/2014

 

1.1.  The Beach Hut has a current Shire of Broome “Licence to Trade in a Public Places”. This licence is governed by Local Government Laws;

· Trading, Outdoor Entertainment and Street Entertainment 2003

· Local Government Property and Public Places Local Law 2012

 

1.2.  Beach Hut owners Daryl and Angela Roberson have owned and operated under the Commercial Activities on Cable Beach Policy under the activity of “Hiring of Beach Gear” activity for 13 years

 

1.3.  Beach Hut’s current Trading Licence has 2 ½ years until it expires on 31st December 2018

 

1.4.  Daryl Roberson has more than 25 years of experience owning, operating, managing various Trading Licences on Cable Beach under the Shire of Broome’s Local Law

 

Noted. Background information only.

No action required.

2.      Beach Hut understands the need for Development Strategies, Law Reform and Policy reform

 

2.1.  We understand the Broome Shire as part  of the newly adopted Cable Beach Development Strategy is encouraging more leisure activities on and around Cable Beach and promote more Public Trading Activities

 

2.2.  Beach Hut understands that the Shire of Broome are required to reviews Local Law every 8 years. The review of the Trading, Outdoor Entertainment and Street Entertainment 2003 is not due for review for another 4 years.

 

2.3.  We understand that the Broome Shire seek to modify, streamline, modernise or remove certain areas of the Local Law to increase the number of Trading licences to better cater for Broome’s future Tourism and Trading industry 

 

2.4.  The new local laws encourages the wording to be modernised and the Broome Shire claims that the new  law will help to clarify and uses more simplified language for better understanding, although we  do not see clarification on our current trading licence or the conditions of the licence in the law reform

 

2.5.  Not all areas of this law reform are consistent with being transparent and procedurally fair so, on these grounds we feel compelled to object to 4 clauses within the draft Trading, Outdoor Entertainment and Street Entertainment 2016 document. There is little in this new Law that protects an existing business and the conditions of their licence.

 

Noted.

 

While there is an obligation on local government to review local laws every eight years, there is nothing that prevents a review happening sooner.

No action required.

3.    How this Law Reform affects Beach Hut and our current Licence

 

3.1.  There are some amendments to the Trading, Outdoor Entertainment and Street Entertainment Local Law 2016 that would have a direct negative impact on Beach Hut’s current Trading Licence conditions. Beach Hut still has 2 ½ years left on its current trading licence if this Law is adopted in its current draft form, Beach Hut has 2 ½ years of uncertainty of our trading licence and the licence conditions.

 

3.2.  If the Law were to be amended and new trading licences to operate competing activities on Cable beach or in the carpark were being issued, then there would be a significant impact on our business.  For example, all of the following scenarios would negatively affect our business:

a)  If a New business was issued with a licence to operate was operating too close to our business, or

b)  offered services similar in nature to our business, or alternatively

c)   if activities within Beach Hut’s licence were varied, this could all negatively affect our business. 

The outcome of these scenarios would be that our revenue would jeopardised to the point that it may cause our business to become unviable.

 

3.3.  Beach Hut already has some degree of uncertainty to our income due to unfavourable weather conditions (wind & rain) and wildlife issues (stingers & crocs) when the beach has to close.   However, to amend the law so that our licence conditions could possibly be varied (without our consent) and if new businesses are able to be approved to commence which are too close or similar in nature to our business could potentially cause us to discontinue our currently successful business.  The major uncertainty and instability to our trading licence would cause us to re-evaluate our business and its viability.

 

3.4.  If more businesses were being given licences under the amended law then the Shire may see this as an opportunity to increase annual total revenue to the Shire and may possibly put the licences out for tender (this is what happened in 2006). For the Shire of Broome to increase licence fees or to put licences out for tender could cause a business to become unfeasible.

 

3.5.  We have lived in Broome for 25 years and have 3 young children. We have invested our family’s future in our beach equipment hire business. We need stability and certainty with our trading licence for our business to continue to run successfully and to provide for our family here in Broome.  The Law amendment causes our business serious instability and uncertainty, and possible financial losses, if not business closure.

 

Noted.  Specific concerns are outlined below.

No action required.

4.    Objection to the Amendment of Clause 2.3.2 (b) in the ‘Draft’ Trading, Outdoor Entertainment and Street Entertainment Local Law 2016

 

We, Angela and Daryl Roberson of Beach Hut WA Pty. Ltd.

UNDER SECTION 9.5 OF THE ACT

Hereby OBJECT to the amending of the following:

Amendment PART 2 – Determination of an Application, Clause 2.3.2 (b)

From: 2003 Version

(b) “the needs of the area of the district for which the licence is sought are adequately catered for aby an established shop or by a person who holds a valid licence;”

To: 2016 Version

(b) “the activity will have an unreasonable impact on an established shop or an activity undertaken under an existing licence;”

 

4.1.  Grounds of the Objection

Improper purpose and unworkable proposal

The amendment to this law will significantly increase uncertainty for existing licence holders and put (local government employees?) in an impossible adjudicatory position tasked for the Shire of Broome to assess or determine to whether a new Trading licence application has an ‘unreasonable impact” on an existing business. It will potentially generate numerous Objections and significantly increase the potential for legal proceedings for persons who are disgruntled with the Shire’s adjudicative processes. We contend the use of legislative power to promote competition is an improper purpose of the delegated legislative power

 

Who within the Shire will make this assessment and how will it be determined that the impact is unreasonable”? We understand that local government employee’s will, in effect, be assessing what are at the end of the day commercial matters for small businesses, and by doing so, are operating beyond their area of expertise.

 

This amendment does not define “unreasonable impact”, nor is any procedure or framework provided to determine this unknown ‘unreasonable’ impact on an existing business. This is unfair to an existing business if the unreasonable impact was confirmed and came to be, so that the existing business became no longer viable.

 

There is no reference to the factors by which “unreasonableness” is assessed including proportion of turnover or profitability impact that may be “unreasonable”.

            

4.2.  Extraction or Amendment that should be made to clause 2.3.2(b)

4.2.1   Extraction

Extraction of the 2016 Clause 2.3.2(b) should be made and the original, clearly worded, 2003 version should remain.

 

4.2.2   Amendments

Clause 2.3.2(b) in the 2003 Version is required in the current version of the Local law, so that there is no businesses of the same activity in that area when the demand for such is already met. 

 

The meaning is clearly conveyed in the 2003 version.

 

In the alternative, the proposed amendment ought to commence operation only when an existing licence holders term is about to expire (ie delayed commencement/ sunrise clause) that reads “the activity will have an unreasonable impact on an established shop or an activity undertaken under an existing licence which has less than 3 months until its expiry. In all other cases, the requirement that the needs of the area of the district for which the licence is sought are adequately catered for by an established shop or by a person who holds a valid licence are to be considered”.

 

To introduce competing activities in circumstances where existing licence holders have (in reliance on the provisions of existing local laws ) invested in specialised infrastructure or stock (eg camels/ boats etc) on the expectation that they would see a return on their capital investment is unfair for existing licence holders.

 

Other Amendments could possibly be made to the 2016 Version of the Trading, Outdoor Entertainment and Street Entertainment local Law which will allow a fair and clear way of determining the actual impact a new licence will have on an existing business. There should also be protections within the amended legislation for existing businesses including, but not limited to the obligation to consult in writing with the existing business to gain an opinion of any impact another business operator, in the same business/trade and/or location would have on the operations of the existing business. Ie could the demand cope with another competitor?

 

4.3   Reasons for the Objection

If the procedure for determining unreasonable impact is not clarified then this may potentially undermine the viability of existing businesses to the point that the business is no longer viable for both operators and that service/activity is lost. This would negatively impact on an existing highly visible service business for Broome which has operated consistently for decades. 

 

The effect of this change may be that the existing business may become unviable because the Shire of Broome were unable to determine the terms of “unreasonable impact”.

 

Further impacts may result on the provision of an important service to visitors and residents of Broome alike.

·   Sunrise clause – law reform ought not to be introduced till existing licence expires

·   We contend its unsuitable that Public Servants be adjudicators of what will/won’t make an “unreasonable” impact” on small business operations, which necessarily should involve some commercial consideration of turnover (?) profitability (?) viability(?) and the likely impact on earnings of small business.

·   If commercial factors are utilised in assessing “unreasonable impact” there are likely to be a host of “commercial in confidence” issues arising, with their accompanying potential for misuse and disclosure in subsequent legal proceedings.

·   inherently vague criteria – No real guidance as to who is the person who are exercising this decision making powers over 3rd party businesses

·   and little or no enshrining of affected operators rights to be “consulted” and the policies or processes that will govern this;

 

Section 2.3.2 of the Local Law outlines the factors that “may” make the local government refuse an application for a licence and therefore the consideration of these factors is discretionary. 

 

The inclusion of “unreasonable impact” on existing business as a factor for refusing an application instead of the needs of an area being adequately catered for by an existing business was intended to give Council greater flexibility in exercising this discretion and considering new applications for trading licences. 

 

While it is acknowledged that there is subjectivity involved in determining whether there has been an “unreasonable impact”, determining whether the needs of an area are adequately catered for is subjective also.

 

Overall, providing scope for Council to consider allowing greater competition and new trading activities is considered worthwhile, with clause 2.3.2(c) still giving Council the ability to protect the interests of existing businesses.

 

It should be noted that both the existing and proposed new Local Law state that Council is the decision maker in relation to whether an application should be refused due to it having an unreasonable impact on an existing business.  The ability to make this decision may be delegated to Shire Officers, but it is Council’s decision whether it wishes for Officers to make this decision or whether sole decision making responsibility should remain with Council.

No action recommended. 

5.      Objection to the Amendment of Clause 2.3.2 (c) in the ‘Draft’ Trading, Outdoor Entertainment and Street Entertainment Local Law 2016

 

We, Angela and Daryl Roberson of Beach Hut WA Pty. Ltd.

UNDER SECTION 9.5 OF THE ACT

Hereby OBJECT to amending the following:

Amendment PART 2 – Determination of an Application, Clause 2.3.2(c)

From 2003 Version

(c) ”the application is for a trading licence or market licence which relates to the conduct of trading on Cable Beach and there is a valid trading licence or market licence under which goods or services are traded which in the opinion of the local government are similar to some or all of the proposed goods or services in the application”

To: 2016 Version

(c) “the application does not comply with a policy of the local government adopted by the Council and relevant to that application”

 

5.1.  Grounds for the Objection

Bias and improper purpose - As the only current holder of a trading licence who is actually operating on Cable Beach, we understand the purpose of this particular laws removal is targeted solely to destabilise our existing Trading Licence and business by introducing competitors. The amendment removes the existing rights of established Cable Beach traders to not have competing commercial activities offering similar goods and services and replaces it with a bland assertion that “Trading applications must comply with Council policy” It is not a “modernisation” of the law at all. It is a significant abrogation of the historical protections local established traders have enjoyed that was originally established to overcome the difficulties of attracting and retaining locally operated tourist enterprises in what is a remote location. The variation of our existing trading conditions by encouraging the introduction of (non locally operated?) competitors in circumstances where we are half way through a 5 year licence is biased and for the improper purpose for which local lawmaking powers are conferred. We contend the use of legislative power to promote competition is an improper purpose of the delegated legislative power

 

This amendment to completely remove this clause from the 2016 Version is of grave concern to ourselves as the only affected existing licence holders.  . Clause 2.3.2(c) has important areas of criteria for assuring that a business with an existing trading licence, which already caters for particular goods, service or activities is not negatively affected by a new licence competing with similar , some or all of the proposed  goods or services.

 

The 2003 Version contains very important criteria to protect existing businesses.

 

5.2.  Extraction or amendment that should be made to clause 2.3.2(b)

5.2.1   Extraction

Extraction of the 2016 Clause 2.3.2(c) should be made and the original clearly worded, 2003 version clause 2.3.2(c) should remain so there is clarity in recognising criteria for assuring that existing trading licence that already caters for that particular goods, service or activity are not negatively affected by a new licence. For example, where the market demand will not support the extra business.

 

5.3.  Reasons for the Objection

Particularly biased and discriminatory to Beach Hut as only current trading operation on Cable Beach year round and with 2.5 years to run on existing licence; This is without doubt biased, unreasonable and unfair and for an improper purpose.  One must query the reasons the Shire of Broome want to eliminate business protections for existing locally owned and operated licence holders in the legislation. Other points

1.   Maintenance of existing high standards requires profitability so that damaged equipment can be maintained and replaced regularly.

2.   Necessity of profitability to maintain and replace high quality products

3.   Proposed reform (must comply with council policy) is so obvious a consideration that it’s pointless making it.

4.   SHOULD ONLY COMMENCE OPERATION AFTER BEACH HUTS EXISTING LICENCE EXPIRES;

5.   Presumably the reasons why it was adopted in 2003, presumably to promote standards/continuity, assist locals to compete with larger state wide businesses, promote local employment, some certainty in who Council are dealing with and reduce “fly by nighters”.

6.   Rather than promote diversity of service offerings, the effect invariably will lead to replication of offerings by multiple commercial providers as each seeks to expand their goods and services offering’s to reduce income loss to affected segments of business. eg. Beach Hut sell food to compete with food traders seeking to hire beach equipment.

7.   If the Shire approves too many new Trading Licences of a similar nature to some or all of the proposed goods and services, to that of existing Licences, then the viability of both the existing licence holders business and the newly issued licence business will be at risk.  The existing licence holders need to know their brand and their livelihood are protected and this needs to be clearly stated in the local law

 

The revisions to subclause 2.3.2(c) were not made to destabilise the submitters’ business.  The changes were made so as to link the Local Law to the Cable Beach specific provisions applying to trading licences in the applicable Council Policy (currently Policy 4.5.3 Commercial Activities on Cable Beach).

 

It is the view of Officers that legislative instruments should not seek to be anti-competitive.  While the Local Law is right to include protection for existing businesses (see subclause 2.3.2(b)), it should not seek to protect a specific business’ interests.

 

In any event, all that subclause 2.3.2(c) is seeking to do is refer to the relevant Council Policy, which contains provisions on the number and nature of trading licences that will be issued on Cable Beach.

 

 

 

No action recommended.

6.    Objection to the Amendment of Clause 5.6.1 (b) in the ‘Draft’ Trading, Outdoor Entertainment and Street Entertainment Local Law 2016

We, Angela and Daryl Roberson of Beach Hut WA Pty. Ltd.

UNDER SECTION 9.5 OF THE ACT

Hereby OBJECT to amending the following:

Amendment to: PART 5 – Trading, Terms and validity of licence, Clause 5.6.1 (b)

From: 2003 Version Clause 5.7.1 (b)

(b) ”variations are made to an existing licence, including an increase, reduction or change in the approved trading area”

To: 2016 Version Clause 5.6.1 (b)

(b) ”variations are made to the trading area or activities, including an increase, reduction or change in the approved trading area”

 

6.1.  Grounds of the Objection

a)  Increased Business uncertainty and procedural unfairness/improper purpose - The amendment appears to be designed to remove some uncertainty on what types of Licence “variation” will invalidate a licence by adding the variation of “Trading activities” as a basis for invalidating an existing Trading Licence (in addition to varying the Prescribed Trading Area). Some flexibility in varying Trading Activities for existing Licences during the term is required. Any process of amending Trading Activities throughout the Licence should NOT invalidate an Existing Licence mid term. When read with 5.6, it is completely unreasonable for a Trading licence to be invalidated and have the Licence application process recommence from scratch every time an application for Trading Activities is lodged eg request to vary Trading activities by adding stand up paddleboards to the licence terms “offerings” should not invalidate existing Trading Licence

b)  Any legislative amendment that establishes processes that, prior to the expiry of the Licence term legislatively invalidates an Existing Trading licence as a consequence of the Shire (unilaterally?) varying trading activities of a Trading Licence by (presumably) Shire employees (with or without reference to Council) is

a.   procedurally unfair to the existing licence holders with terms still to run and

b.  does not promote the certainty that businesses need to invest in stock, hire employees or eg business investments (customised trailers/ vehicles etc).

c.   Places unreasonable compliance obligations on existing licence holders (who per the proposed amendments to Clause 5.6.2 will be forced to re-apply for their Trading Licence again after their Trading Areas are changed or their Trading Activities altered).

c)   For example- the actions of the Shire of Broome would be procedurally unfair if they were to vary the terms of an existing Trading licence to vary the prescribed trading area allow a new licence holder / business to sell, offer or hire the same or similar item within the same trading locality and then as a consequence of that variation require the affected Licence holder to apply again. This would negatively impact the viability and profitability of the existing business.

 

6.2.  Amendment that should be made to clause 5.6.1(b) and how to vary Trading activities

This clause would be far more workable, procedurally fairer and more useable promote greater investment certainty, if the there was a mechanism promoting flexibility in varying “trading activities” without the procedural “red tape” and compliance headaches accompanying the applying for a new licence, currently proposed by clause 5.6.2. The majority of amendments to trading activities will be minor and generally the shire should have the flexibility to deal with these promptly without the delay of going to Council.

 

We suggest original version of 5.6(b) the 2003 Law is simplified to read “variations are made to an existing licence, including an increase in the or change in location of an approved trading area”

 

We also suggest change is made to 5.7 to simplify and clarify the process of varying trading activities for trading Licences by adding clause 5.7.3 as follows

 

5.7.3 Variation of Trading activities on Trading Licences

The Trading Activities on the Trading Licence terms may be varied upon application to the Shire of Broome who may (at the discretion of the CEO) vary the trading activities of the Licence Holder, subject to

a. adequate risk management and insurance accompanying the written variation application;

b satisfying themselves the variation application is for trading activities on Cable Beach and there is not an existing valid trading licence or market licence under which goods or services are traded which in the opinion of the local government are similar to some or all of the proposed goods or services in the variation application

 

Varying the location (prescribed Trading Area) of or activities of a Trading Licence once issued is a significant impediment to business certainty, procedurally unfair and if changes were being implemented by the Shire of Broome to the Prescribed Trading Area at any time to the licences, then the compulsory process of applying for and issuing new licences under 5.6.2 would cause serious procedural irregularities.

 

6.3.  Reason for the Objection

Some flexibility on the part of the Shire is required for varying trading activities in particular where increased competition appears to be the thrust of the legislative reforms (Please note we consider that thrust to be an improper purpose of legislative reform but that is another issue).

 

Limits on legislative power over Trading licences and “legislative invalidation” of Trading licences where Trading activity variations are sought ought to be restricted where possible. Flexibility and a minimum of red tape and compliance headaches are required as often there are minor amendments to trading activities required throughout a term for any number of reasons (including the fact that the Shire may have made mistakes in transcribing the Applicants requested trading activities). Clause 5.6.1(b) as proposed is destabilising to persons in existing Cable beach businesses and procedurally unworkable as it requires in essence every flaw in the licence terms re Trading Activities to be the subject of application to Council and thereby imposing unreasonable obligations on Licence Holder. A Trading licence, once issued should only be “invalidated “ through some major gross and

 

Varying Trading Areas generally

 

As an aside the Shire of Broome should not be allowed to invalidate a Trading licence merely from varying the approved Trading area without reference to Council, holder without due consultation and in agreement with the existing Licence holder.

 

A “PRESCRIBED TRADING AREA”, ONCE ESTABLISHED SHOULD NOT BE ALLOWED TO BE VARIED TILL CONCLUSION OF LICENCE TERM, WITHOUT COUNCIL APPROVAL and only after due consultation and in agreement with the existing Licence holder. If there is Shire of Broome employees have the power and ability to vary trading licences and location at any time, it leaves the licence holder in an uncertain and unstable environment for their business operations as to what they will be allowed to sell/ offer/ hire or limited to hire in the future and where they will operate from. This is not a reassuring way to run a business.  Licence Holders need to know there is certainty to the business and livelihoods.

 

We have 2.5 years to run on our existing licence. We do not want existing Trading area or permitted place to be varied in next two years. 

 

-     Legislatively extending the invalidation of Trading licences to requested or forced variations on Trading activities is an inappropriate vesting of commercial power over small businesses activities with local government;

 

-     Need clearly articulated powers so that businesses can have some confidence that bureaucracy and compliance will not dominate their business activities and that there is flexibility in varying trading activities.

 

-     Need to promote certainty in business to establish confidence in local government–This is not done via arbitrary changes to trading terms, varying trading locations or changing the permitted activities of a business.

 

Noted.  It is considered reasonable to use the licence application process to manage any requests to vary a licence.  This process for varying a licence applies to all of the different licence types regulated through the Local Law, not just trading licences.

 

Council has the ability to act to vary any of the licences issued under the Local Law under clause 2.4.4.  The decision to make such a variation is Council’s decision.  The ability to make this decision may be delegated to Shire Officers, but it is Council’s decision whether it wishes for Officers to make these sorts of decision or whether sole decision making responsibility should remain with Council.

 

Officers agree however that Council’s decision to vary a licence should not invalidate a licence.  Therefore, it is proposed that clauses 3.5.1, 4.5.1 and 5.6.1 of the Local Law be amended so that a variation to a licence made by Council under clause 2.4.4 will not invalidate a licence.

That subclauses 3.5.1(c), 4.5.1(b) and 5.6.1(b) are amended to include the words “unless the variations are made by the local government in accordance with clause 2.4.4”.

7.    Objection to the Amendment of Clause 5.6.2 in the ‘Draft’ Trading, Outdoor Entertainment and Street Entertainment Local Law 2016

We, Angela and Daryl Roberson of Beach Hut WA Pty. Ltd.

UNDER SECTION 9.5 OF THE ACT

Hereby OBJECT to amending the following:

Amendment to: PART 5 – Trading, Terms and validity of licence, Clause 5.6.2

From: 2003 Version Clause 5.6.2

”If any of the events specified in subclause 5.6.1 occur then a new application for a trading licence must be made and a new licence issued before any trading can be carried out”

To: 2016 Version Clause 5.6.2

”If any of the events specified in subclause 5.6.1 occur then a new application for a trading licence must be made and a new licence issued before any trading can be carried out”

 

7.1.  Grounds of the Objection

Effectively there is no change to clause 5.6.2, but the clause requires amendment when read with the proposed amendments to clause 5.6.1(b) and/or 2.3.2 If the goals sought by amending clause 2.3.2 (greater competition) are achieved, this will lead to more applications to vary licence terms and trading activities variations in particular to eg match competitor offerings. The clause leads to gross procedural unfairness and administrative “red tape” if eg mid licence trading terms are legislatively amended to include variations being made to the activities of a licence holder, as detailed below:

 

When clause 5.6.1(b) and 5.6.2 clause 2.3.2 (greater competition) are read together it becomes clear the proposed law reform will greatly affect the existing licence holder, who may be affected by the Shire of Broome decisions regarding their licence. For example the mid term trading licence holder will not only be subject to the uncertainty of variation of their licence, but then having to re-apply to obtain their licence and not being able to operate business until their new licence is issued if their trading area is .  It cannot be that because the Shire want to eg reduce Beach Hut’s trading area, the Beach Hut has to re-apply for a licence and not be allowed to trade while the Shire assesses their application.

 

7.2.  Extraction or amendment that should be made to clause 5.6.2

We have suggested previously the proposed amendment of clause 5.6.1(b) to invalidate licences where there was a variation in Trading activities be removed. We have suggested above a more flexible legislative amendment to allow minor variations in trading activities by established licence holders in consultation with local government employees where there are unlikely to be objections from competing trading activities. It was contemplated this be done without making application to Shire by Local Government employees.

 

To include the ability of the Shire of Broome to make variations to the trading activities of a trading licence without notice or agreement, is procedurally unfair to the existing licence holder.

If the Shire of Broome through the introduction of competitions necessitate variations to a licence (to survive financially), then clause 5.6.2 would then come into effect and the existing licence holder would need to re-apply for their existing Trading licence, without any certainty of their future ability to operate and additionally, would not be able to trade until the new licence is issued.  It cannot be that because Beach Hut want to vary Beach Hut’s trading terms (to correct Shire historical translation errors from its original application), Beach Hut has its licence statutorily invalidated, then having to reapply for a licence and be not be allowed to trade while the Shire assesses their application.

 

Variations to trading activities are not a reason to make a Trading licence invalid and require a licence holder to re-apply for their licence and cease trading until issue a new one is issued;, then clause 5.6.2 would not be unreasonable and unfair.

 

7.3.  Reason for the Objection

a)  Clause 5.6.2 becomes procedurally unfair and is cause for procedural irregularities due to clause 5.6.1(b) not allowing variations to a licence’s trading activities.

b)  A Trading Licence’s prescribed Trading Area once issued should not be allowed to be varied, unless done so following proper procedures with due consultation and in agreement with the licence holder.

c)   To have to re-apply for a licence once for what would mostly be very minor variations to trading activities are made, and not be able to operate your business until a new licence is issued is procedurally unfair

d)  If the Shire of Broome has the power and ability to vary trading licences at any time, forcing the licence holder into having to reapply for the licence and not be able to operate your business until a new licence is issued this causes business uncertainty and instability. This is not a reassuring way to run a business. Licence Holders need to know there is certainty to their business and livelihoods.

See comments in relation to point 6 of this submission above. 

That subclauses 3.5.1(c), 4.5.1(b) and 5.6.1(b) are amended to include the words “unless the variations are made by the local government in accordance with clause 2.4.4”.

8.    Concerns Regarding the Trading Licence Application Process

 

8.1.  We also have concerns about the licence application process and/or trading conditions variation process not being clearly spelt out. The Trading licence application process is lacking or unclear in the legislation:

 

We now understand the Application for a licence process works as a two part process. The problem is that it is not clear from the enabling legislation how this licencing process works and who makes the decisions at the various stages of the process.  

1.   Step 1 This involves seeking permission from the Shire in principal to undertake a particular trading activity (Council approval);

2.   Step 2 Thereafter the issuing of Licence after compliance with the conditions (issued by Shire employees).

We think that this simple 2 step process needs to be much clearer articulated in the amended regulations/ legislation.   The reason for this are further explained below.

 

8.2.  Practical Difficulties

 

Who is making decisions/ controlling the Trading Application Process & what Beach Hut WA Pty Ltd have learnt:

a)  There is no doubt the thrust of the law reforms intend to give greater bureaucratic powers to Shire of Broome employees via their abilities to decide “unreasonable impact” and the “automatic invalidation” of Trading Licence terms for Trading Activity variations. This increase in powers ought to be avoided. We want to see the legislation reforms introduce flexibility for relatively minor decisions to be made at local government employee level to ease compliance costs on business, but understand there needs to be clarity to make it clearer exactly who has the power to execute the functions of local government and what types of Trading decisions need Council approval.

b)  Currently, we are going through a process (minor variation to licence conditions) where it is not obvious from the legislation whether we need Council approval or not. This isn’t spelt out anywhere in the legislation.

c)   We think any new legislation giving greater powers to local government officers should clearly spell out who make the licence decisions and what type of decisions have to be made by Council vote. eg in our case it seems silly that you have to (as a result of a Shire employees errors in transposing particulars from our original 2013 application ), go back to a full Shire meeting to get Council approval for Broome Shire’s 2013 administrative errors. These ought to be correctable by the persons who made the errors, rather than the entire Council.  Similarly applications for minor variation to licence terms ought not to go before the entire Council.

d)  Will this be the same in future or will the Director of Development Services or whichever Department trading licences are governed under be able to wield arbitrary powers over our Trading location and vary our trading conditions as has arguably occurred already? .In circumstances where litigation has been involved largely because of the uncertainty this exercise of “bureaucratic power” by the Director of Development Services (where they had little or no authority to make decisions regarding our licence terms), it would be helpful  if there was some clear guidance for the likes of ourselves and/or shire employees in terms of when and in what circumstances eg shire employees can and can’t vary the terms of a Trading licence.

e)  This Legislation needs to properly articulate this application process, so future businesses applying for licences, the Shire of Broome employees and the Shire of Broome Councillors all fully understand the proper process and the stages involved in issuing a licence. Ensuring there is no room for error to the degree that Beach Hut has endured since applying for their Trading Licence in 2013.

The process for issuing trading licences and the conditions that are likely to apply to a licence are matters dealt with in the relevant Council policy, which is currently Policy 4.5.3 Commercial Activities on Cable Beach. 

 

It is considered reasonable to use the licence application process to manage any requests to vary a licence.  This process for varying a licence applies to all of the different licence types regulated through the Local Law, not just trading licences.

 

Decision making power under the Local Law lies with Council.  The ability to make a decision may be delegated to Shire Officers, but it is Council’s decision whether it wishes for Officers to make any decisions under the Local Law or whether sole decision making responsibility should remain with Council.  Further, the delegation of decision making power can be made subject to conditions as Council sees fit.

 

The specific circumstances of the submitters trading licence and the litigation referred to are matters that sit outside the scope of the Local Law.

 

No action recommended. 

9.    Conclusion

 

9.1.  It is crucial that we object and participate in this Trading law amendment, as we are the only existing Trading business on Cable Beach, south of the rocks currently operating under this law.  The proposed amendments will directly affect our Trading Licence conditions and potentially have a negative impact on our brand and livelihood in circumstances where we have 2.5 years to run our Trading licence.  We need to protect our business and the licence conditions under which we operate for the balance of that licence, but also see the bigger picture of poorly drafted legislative reforms harming business confidence and a lack of diversity affecting the tourist trade in particular. Ultimately we share the Shires goals in attracting people and tourists to Broome and Cable beach in particular.

 

9.2.  We have concerns that rather than promote a vibrant and diverse beach activities, the proposed changes to the Trading sections of the laws appear to be aimed at promoting competition on Cable Beach for existing offerings with no real focus on enhancing a diversity of trading offerings or sufficient flexibility to amend trading activities to promote diversity and as such ;

(a) are (in relation to the removal of criteria protecting local established business) of the view discriminating and biased against us and promoting considerable uncertainty for all existing businesses;

(b) will invariably lead to replicated offerings of the same products (ie lack of diversity)

(c) in the case of competing applications, will be assessed by persons who (respectfully) are not appropriate judges of what is and is not an “unreasonable impact” on a business’s trading activities, bottom line and thus greater levels of disputation;

(d) in the case of assessing competing applications concentrate unreasonable powers in the hand of unelected local government officials

(e) enshrine the invalidating of existing Trading licenses for what may be fairly minor variations sought in trading activities

(f) will erode the equality of product and services currently on offer and standards.

(g) Fail to provide sensible and workable flexibility on trading conditions variations for existing businesses

 

9.3.  Beach Hut is a unique seasonal business that we work very hard to run successfully and have done so over the past 13 years. The Beach Hut provides products and services which are highly regarded and an essential service for visitors to Cable Beach.  The success of our locally owned and operated business is due to the fact that we are able to operate our business so consistently, efficiently and professionally.  If the law amendments were made this may cause our business to become uncertain or unviable, we could no longer provide this service, which would potentially affect Cable Beach and its image.  Many tourists and locals alike come to the beach because the service our business offers is consistently provided.  It is a much needed product and service to all beachgoers. Our Beach Hut equipment hire business enhances visitors’ Cable Beach experience, which benefits all of Broome.

 

9.4.  We have invested our family’s future in our business. The success of our locally owned and operated business depends on the certainty of the conditions of our Trading Licence. Consequently, the potential amendment to the law causes our business, and therefore our family, serious doubt and instability for our future. In addition, amending the law, would impact on this valuable service which we provide for visitors to Cable Beach.

 

Noted.  Summary of issues raised in submission.

No action required.

2

Department of Local Government and Communities

1.  Best drafting principles

 

Clause numbering

 

It is suggested for the local law’s clause numbers to be moved to the same paragraph as the clause titles. For example:

---

1.1.       Citation

This local law may be cited as the Shire of Broome Trading, Outdoor Dining and Street Entertainment Local Law 2016.

---

 

Italicise Acts, Regulations and other Legislation

 

Titles of Acts, Regulations and other Legislation should be italicised to reflect good drafting principles. The Shire should amend the enactment clause, Clause 1.1, and the definitions for “event” and “trading” accordingly to reflect this.

 

Page numbers and footers

 

It is suggested the page numbers and footers be removed from the local law. The page numbers may no longer be accurate when the local law is published in the Government Gazette.

 

In the event that the Shire chooses to maintain a public version of the local law in hard copy or electronic format, the Shire can choose to retain the local law with page numbers and footers.

 

Defined terms

 

State Law Publisher’s current formatting for defined terms are that they should be bolded and italicised with no quotation marks. Amend clauses 1.6 and 5.3.1 accordingly to reflect this.

 

References to “paragraph”

 

The local law currently has references to clauses within the local law as “paragraph”. It is suggested to replace this term with the words “clause” and “subclause” accordingly.

 

Using a colon or an em-dash

 

A large number of colons are used in the local law. Under best drafting practices, a colon should be replaced with a dash where a sentence branches off into multiple paragraphs, each of which reads as a complete sentence when flowing from the initial line of the clause.

 

It is suggested that the local law be reviewed and dashes replaced with colons where the above applies. For example:

 

a)     The colon on the first line of clause 2.2.2 should be changed to a dash, since paragraphs (a), (b), (c) and (d) all flow from the initial line of subclause 2.2.2.

b)    In clause 5.3.1, the colon is correctly used, as it is inserting a complete clause into the local law.

 

The changes recommended all relate to minor formatting issues and should be made.

Amendments are made to the Local Law as recommended by the Submitter.

2.  Contents

 

1.     Given the length of the local law, it may be beneficial to list the clause headings in the contents page. This may assist people who might use the contents page when they read the local law.

 

2.     The Shire should ensure the table of contents accurately reflects the contents of the local law.  For example there is no Schedule 2 in the local law, therefore the Shire should delete “SECOND SCHEDULE”.

 

3.     It is recommended that, for ease of reading, clause titles be expressed in title case rather than all caps.

 

4.     Tables of contents are generally placed after the cover page and before the enactment clause of a local law, as they do not form an operative part of the local law itself.  It is suggested that the Shire inserts a new page immediately after the cover page and places the table of contents there. 

 

The changes recommended all relate to minor formatting issues and should be made.

Amendments are made to the Local Law as recommended by the Submitter.

3.   Clause 1.1 – Title

 

In line with best drafting practices, the citation clause may be redrafted as:

---

1.1  Citation

This local law may be cited as the Shire of Broome Trading, Outdoor Dining and Street Entertainment Local Law 2016.

The change recommended all relate to minor formatting issues and should be made.

Amendment made to the Local Law as recommended by the Submitter.

4.   Clause 1.3 – Purpose

 

Clause 1.3 sets out the purpose of the local law. This clause has no legislative effect and can be removed if the Shire wishes.

 

While the Local Government Act 1995 requires the purpose and effect to be included in the public notices relating to a proposed local law, there is no requirement to include the purpose in the local law itself.

 

Although the clause has no legislative effect and can be removed, it is considered to assist in the interpretation of the Local Law and therefore should remain.

No action recommended.

5.   Clause 1.6 – Definitions

 

It is suggested the following terms be defined in the local law.

 

a)     “certificate of currency”;

b)    “licence number”;

c)     “pavement or visual artist”;

d)    “public liability insurance policy”; and

e)     “standard business cards”.

 

The following defined terms can be deleted as they are not used within the local law:

 

a)     “Liquor Act”;

b)    “local planning scheme”;

c)     “lot”;

d)    “private property”; and

e)     “secured amount”.

 

The changes recommended all assist in the interpretation of the Local Law and therefore the new definitions recommended have been included and the defined terms not used in the Local Law have been deleted.

Amendments are made to the Local Law as recommended by the Submitter.

6.   Clause 2.2 – Application for licence

 

The Shire should double check all references in the local law to ensure that they are current and correct. For example, subclause 2.2.1(a) refers to clause 3.3 of the local law in relation to an application for an outdoor dining licence.  The relevant clause for applications for an outdoor dining licence is 3.4.  This is not an exhaustive list, and the Shire will need to ensure that all references to both the local law itself, and other legislation, is correct.  Further information in this regard is provided at Comment 7 below. 

 

All references in the Local Law have been checked.  Where these are incorrect, they should be corrected.

All incorrect references have been corrected in the Local Law.

7.   Schedules

 

It is suggested that the title “First Schedule”, be changed to “Schedule 1”, in line with best drafting practices, and that the table’s cells have borders.

 

Schedule titles should also be bold, centralised with the heading followed by a bracketed reference to the relevant clause in the local law.

 

---

Schedule 1 – Prescribed offences and modified penalties

[Clause 9.2]

---

 

It is critical that the correct clauses are referenced in Schedule 1.  For example, Item 8 refers to clause 3.7.1(g) when it appears to actually relate to clause 3.7.1(h).  Similarly, Item 14 relates to an offence that is not covered by the local law, Item 15 references the incorrect clause and Items 27-46 inclusive are also incorrect.

 

If incorrect clauses are referenced as offences against the local law the Shire may find it is unable to issue penalties against those offences.  While the Department has identified some errors in Schedule 1, this is not an exhaustive list and it is for the Shire to ensure all cross-references in the local law are accurate. 

 

The changes recommended all relate to minor formatting issues and should be made.

Amendments are made to the Local Law as recommended by the Submitter.

8.   Minor edits

 

The following minor edits are recommended:

 

a)         Enactment clause – delete “the” after “on”.

b)    Arrangement clause - Replace “ARRANGEMENT” with “Contents”, and replace “FIRST SCHEDULE” with “Schedule 1”.

c)     Clause 1.1 – Replace “Title” with “Citation”.

d)    Clause 1.2 – Place “Government Gazette” in italics. This comment also applies to clause 1.4.

e)     Clause 1.4 – Delete “by the Amendment Local Law published in the Government Gazette”, and insert a comma after “31 July 2012”.

f)     Clause 1.6

i.    a)     In the definition for “event” replace “Shire of Broome” with “local government” and at (b) insert the words “an occurrence” at the beginning of the sentence and the words “Shire of Broome” before the cited local law – “Shire of Broome Local Government Property and Public Places Local Law 2012”.  The local law should also be cited under that name in subclause (e) of the definition for “trading”.

ii.    b)    In the definition for “trading” insert a semi-colon in subclause (b) after “goods” and in subclause (c) insert the word “or” after the semi-colon.  At subclause (e) replace “the selling or hiring or” with “the selling or hiring of”. 

iii.   c)    

g)    Clause 2.3.2 – Place subclause 2.3.2(f) onto a separate line from subclause 2.3.2(e).  The Shire may also wish to consider whether the term “desirable or suitable” in subclause 2.3.2(f) provides enough clarity for readers to know when a person may not be issued with a licence. 

h)     Clause 2.6.2 – Insert “the” before “cancellation”.

i)      Clause 3.6.2 – Delete “to same”.

j)      Clause 3.7.2 – In subclause 3.7.2(a) insert “to” after “adjacent”.

k)     Clause 4.3.2 – Subclause 4.3.2(d) requires an application for a market licence to include the details of any street entertainment activity to be undertaken.  Applications for a street entertainment licence are dealt with under Part 6 of the local law.  Depending on the Shire’s intentions, subclause 4.3.2(d) should either be deleted or the local law should specify whether street entertainment conducted as part of a “market” requires a separate licence under Part 6 or can be conducted under a market licence issued under Part 4. 

l)      Clause 4.6.1 – In subclause 4.6.1(b) replace the full stop with a semi-colon.

m)   Clause 5.3.1 – Replace “; and” with a full stop.

n)     Clause 5.7.1 – In subclause 5.7.1(c) insert a comma after “undertaken” and delete the words “or police officer” as the definition of “authorised person” in clause 1.6 already includes members of the Western Australian Police Force.

o)    Clause 5.7.2 – In subclause 5.7.2 (g) replace the reference to “paragraph (g)” with “paragraph (f)” and in 5.7.2 (h) insert a comma after both instances of “about” and replace the full stop at the end of (h) with “; or”.

p)    Clause 6.3.2 – In subclause 6.3.2(c) insert “and” after the semi-colon, and delete the space between subclause 6.3.2(c) and 6.3.2(d).

q)    Clause 7.2.1 – In subclause 7.2.1(b) replace “of licence” with “of the licence”. 

r)      Clause 8.6.2 – In subclause 8.6.2(d) replace “anauthorised” with “an authorised”. 

s)     Clause 9.2.1 – Replace “the First Schedule” with “Schedule 1”.

t)      Schedule 1

a)     Item 7 – replace “outdoor dining operation” with “operation of outdoor dining area”. 

 

The changes recommended that relate to minor formatting issues and errors should be made.

 

In relation to the use of “desirable or suitable” in subclause 2.3.2(f), it is considered that Council should have the ability to decide whether an applicant is suitable to hold a licence.  Therefore, it is recommended that “desirable and suitable” is amended to “suitable” in this subclause.

 

One of the aims of the proposed new Local Law is to prevent a person needing to obtain a number of different approvals for the same activity.  Therefore, it is recommended that clause 6.1 be amended so that a person does not need a street entertainment licence if the activity forms part of a licenced market.

The Local Law is amended to correct minor formatting issues and errors as recommended by the Submitter.

 

Amend subclause 2.3.2(f) to replace “desirable or suitable” with “suitable”.

 

Amend clause 6.1 so that a person does not need a street entertainment licence if the street entertainment forms part of a licenced market.

 


Minutes – Ordinary Meeting of Council 15 December 2016                                                         Page 293 of 294

 

The Acting Director Community Development advised some additional commentary within the report had been circulated to Councillors prior to the meeting and would be included for the purpose of the Minutes. Furthermore, the Acting Director Community Development also advised there was a revised report recommendation which was also circulated to Councillors prior to the meeting.

 

9.2.4      BROOME SURF LIFE SAVING CLUB BUILDING DEVELOPMENT - REQUEST FOR ASSISTANCE

LOCATION/ADDRESS:                            Cable Beach Foreshore, Broome WA 6725

APPLICANT:                                              Broome Surf Life Saving Club

FILE:                                                           LSS068, ONG29

AUTHOR:                                                   Acting Director Community Development

CONTRIBUTOR/S:                                    Asset & Building Coordinator

Property and Leasing Senior Officer

Engineering Technical Officer

RESPONSIBLE OFFICER:                          Acting Chief Executive Officer

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    24 November 2016

 

SUMMARY:         The Broome Surf Life Saving Club is planning to redevelop the existing club rooms to create the North West Training Facility in its current location on the Cable Beach Foreshore. The club has requested assistance from the Shire to compliment the funding applications already submitted to the State and Federal Government and financial contribution from the club itself.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 25 August 2016                        Item 9.2.8

 

The Broome Surf Life Saving Club (BSLSC) has created plans to develop their existing clubroom located on the Cable Beach Foreshore Reserve to create the North West Training Facility.

 

The club has made multiple applications for funding to State and Federal Government bodies including:

 

·    Department of Sport and Recreation (DSR)

·    Lottery West

·    Kimberley Development Commission

 

The application to DSR through the Community Sport and Recreation Facilities Fund (CSRFF) was supported by Council at the Ordinary Meeting of Council held on 25 August 2016.  Council resolved the following at this meeting:

 

 

Council Resolution:

(Report Recommendation)

Moved: Cr D Male                                                    Seconded: Cr H Tracey

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.

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.

CARRIED UNANIMOUSLY 8/0

 

 

At that time of this consideration there had not been a request for support from Council apart from the request to assist in the negotiation of a self supporting loan through the West Australian Treasury Corporation for up to $500,000 if required.

 

The assessment of applications from the BSLSC by DSR and LotteryWest has resulted in queries as to the level of support that is being provided by the Shire of Broome, particularly as this facility is owned by the Shire, and once developed will continue to be a Shire asset.

 

Following the advice noted above, the BSLSC has now approached the Shire seeking consideration of formal commitment of support; either cash or in kind, or at the least a formal response to advise if there is no capacity for this support. BSLSC representatives presented to Council at a Workshop held on 22 November 2016 to discuss their request and followed up with correspondence confirming their request for support under three separate options (attached to this report). These options were tabled as follows:

 

Option 1 

A $500,000 cash contribution towards the project, to be budgeted in the 2017/2018 financial year.

 

Option 2

The waiving of building application fees, planning application fees, rubbish disposal fees or anything associated with the development that can add value toward the project.

 

Option 3

Commitment to the construction of a disabled access ramp to the public reserve and walkways next to the emergency ramp; for pedestrian safety. 

 

COMMENT

 

The Shire of Broome Framework for the development of Sport and Recreation Facilities 2016 – 2025 (adopted by Council February 2014) identifies that there are a number of clubs that operate under a licence or lease agreement, including the Broome Surf Life Saving Club. It is noted that in the case of development projects for these facilities that:

 

It is proposed that the Shire’s responsibility in this regard is limited mostly to planning assistance, offering support for funding applications and in some instances where resources permit, a financial contribution to facility improvements considered on a case by case basis. The facilities currently identified in this category include Broome Bowling Club, Broome Surf Life Saving Club, Broome Fishing Club, Broome Sailing Club, Broome Golf Club, Broome Horse Riders Club, Broome Pistol Club, Broome Field and Game Club and Broome Speedway.

 

The officer’s recommendation for the level of support and commitment into the development of the North West Training Facility is consistent with this philosophy and rationale.

 

The Long Term Financial Plan (LTFP) has recently been updated as part of the Corporate Business Plan through the review of the Integrated Planning and Reporting Framework. The BSLSC redevelopment was not considered in this process as at that point in time, a funding contribution had not been sought. The current economic climate has reduced the funds available for capital projects and a fiscal approach has been applied to maintain a balanced budget. With the current capital projects identified competing for priority, there is limited capacity to be able to make a cash contribution to this project.

 

The Shire has policies in place to manage requests for the reduction of fees for planning applications and for the disposal of rubbish at the Waste Management Facility. The policies allow not-for-profit or community organisations to apply for a 50% reduction in fees.

 

Engineering Policy 3.1.17 - Fee concessions at Waste Management Facility, while more difficult to quantify at this early stage, has the potential to have 50% of the fee waived for the disposal of non compacted construction and demolition waste.

 

Building approval fees do not have a policy of this nature, although there is a precedent of this occurring on one occasion within the Shire of Broome, and if approved by Council would enable this to occur.

 

The BSLSC currently holds a 21 year lease agreement on the Surf Life Saving Club Building located on reserve 36477.  This current lease commenced in 2005 and 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. The current lease fee is a peppercorn lease at a cost of $5.00 per year - if demanded. If Council was to contribute financially to this project, it would be an option to renegotiate the lease and include a greater rental return.

 

The current lease is not clear in regards to the full responsibility for the structural maintenance of the building. The previous lease (expired 2005) was very explanatory in describing that the building belonged to the BSLSC and that at the end of the lease they were able to ‘take down, remove and carry away any buildings, structures, improvements and plant the property of the Lessee’. It is suggested that should any development works occur, that the lease be reviewed from a legal perspective to ensure that the maintenance responsibilities and ownership are clearly defined.

 

The Disability Access and Inclusion Plan (2012 – 2017) identified a number of outcomes and strategies to identify barriers to access and propose solutions to ensure that people with disabilities have equality of access to services and facilities.

 

In regards to the provision of an access ramp to the public reserve fronting the Broome Surf Club, particular reference can be made to ‘Outcome 2: Built Infrastructure - People with disability have the same opportunities as other people to access the buildings and other facilities of the Shire of Broome’, and ‘Strategy: Ensure existing buildings, facilities and infrastructure meet the standards for access as identified in the Access to Premises Standards and National Construction Code (formerly BCA)’.

 

The construction of an accessible ramp at this location will ensure that there is access for people of all abilities to one of the prime locations at Cable Beach to visit and view the beach and the sunset.  It is recommended Council considers such as part of the 2017/18 budget deliberations.

 

When considering all of the above, it is considered that the officer’s recommendation for the level of support and commitment into the development of the North West Training Facility is consistent with the Framework for the Development of Sport and Recreation Facilities 2016 – 2025, and the Disability Access and Inclusion Plan (2012 – 2017).

 

CONSULTATION

 

The Broome Surf Lifesaving Club was consulted in this process and presented their request for assistance to Council on 22 November 2016.

 

Internal consultation was undertaken to determine cost estimates for the waiving of fees and the in kind assistance requested.

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

 

POLICY IMPLICATIONS

 

Local Planning Policy 8.14 – Refunding and waiving/reducing of planning fees

 

Engineering Policy 3.1.17 – Fee concessions at Waste Management Facility

 

FINANCIAL IMPLICATIONS

 

Option 1 

A $500,000 cash contribution towards the project, to be budgeted in the 2017/2018 financial year.

 

Option 2

The waiving of building application fees, planning application fees, rubbish disposal fees or anything associated with the development that can add value toward the project.

 

The estimated project cost as per the pricing schedule provided is $5,925,100. Development assessment fees would be calculated as shown below, with Local Planning Policy 8.14 – Refunding and waiving/reducing of planning fees enabling a decision to be made to waive 50% of the fees.

 

Similarly, Engineering Policy 3.1.17 - Fee concessions at Waste Management Facility; enables Council to consider providing 50% concession to community organisations wishing to dispose of waste at the Waste Management Facility. The actual amount waived will be determined by the amount of demolition waste created and needing to be disposed of.

 

Council does not have a policy in regard to building approval fees, although there is a precedence of this occurring within the Shire of Broome on one occasion.

 

Application type

Fees payable

50% contribution

Building approval

$5,333

$2,666.50

Development Approval

$13,771

$6,885.50

Waste transfer facility fees

$53 per m3

$26.50 per m3

 

Option 3

Commitment to the construction of a disabled access ramp to the public reserve and walkways next to the emergency ramp; for pedestrian safety. 

 

Earlier this year, a project similar in nature to the proposed disabled access ramp was undertaken at the northern end of the Cable Beach foreshore precinct, adjacent to Zanders.  The project was completed earlier this year at an approximate cost of $70,000. The cost of a footpath from the existing access bridge to the top of the beach access stairs is estimated at $20,000. If supported by Council, a project brief could be prepared by officers to request funds for these items through the 2017/18 budget process.

 

The continuation of the footpath alongside the beach access ramp would need further investigation and is expected to be a very high cost item. 

 

Project

Approx cost

GL account

Access ramp at surf club

$70,000

TBD – Project brief required

Pathway from access bridge to shower/top of stairs

$20,000

TBD – Project brief required

Pathway adjacent to emergency access ramp

Very high cost – Further survey and design required

 

RISK

 

Risk

Mitigation

Risk rating

That Council sets a precedent of assisting local clubs, creating an expectation that this will occur into the future.

Council should not divert from the content of the LTFP and provide assistance within existing policies and processes to ensure transparency and consistency.

Moderate/Possible

= High

The CHRMAP identifies the site as not being suitable for development due to the risk of coastal hazards impacting on the site

The draft CHRMAP will undergo public consultation in early 2017.

Major/Possible

= Extreme

That Council decides not to invest in this project and loses reputation in the community for appearing non supportive of community projects.

Decision making process to be clear and transparent, noting succinct reasons for direction taken.

Moderate/Possible

= High

 

STRATEGIC IMPLICATIONS  

 

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

 

Affordable services and initiatives to satisfy community need

 

Accessible and safe community spaces

 

Participation in recreational 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

 

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

 

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

 

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.       Receives the letter of request from the Broome Surf Life Saving Club and notes the support currently provided by the Shire of Broome to the Broome Surf Life Saving Club through the provision of a peppercorn lease, and Council’s previous resolution to assist with the negotiation of a self supporting loan of up to $500,000 through the West Australian Government Treasury Corporation if required;

2.       Approves:

(a)     A 50% reduction in Planning Application Fees as per Local Planning Policy 8.14 – Refunding and waiving/reducing of planning fees;

(b)     A 50% reduction in Waste Management Fees associated with the project as per Engineering Policy 3.1.17 - Fee concessions at Waste Management Facility;

(c)     A 50% reduction of building application fees;

3.       Considers the inclusion of the construction of a disability access ramp to the public reserve fronting the Broome Surf Life Saving Club, and a pathway from the vehicle access bridge to the top of the beach access stairs in the 2017/18 budget, following the submission of a project brief;

4.       Requests the Chief Executive to advise the Broome Surf Life Saving Club accordingly.

 

REVISED REPORT RECOMMENDATION:

That Council:

1.         Receives the letter of request from the Broome Surf Life Saving Club and notes the support currently provided by the Shire of Broome to the Broome Surf Life Saving Club through the provision of a peppercorn lease and Parks and Gardens maintenance of the immediate surrounds;

2.         Notes Council’s previous resolution of 25 August 2016:

(a)       To assist with the negotiation of a self supporting loan of up to $500,000 through the West Australian Government Treasury Corporation if required;

(b)      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;

3.         Approves a contribution to the Broome Surf Life Saving Club North West Training Facility to the value of $154,223 through the following:

(a)      A 50% reduction in Planning Application Fees as per Local Planning Policy 8.14 – Refunding and waiving/reducing of planning fees;

(b)      A 50% reduction in Waste Management Fees associated with the project as per Engineering Policy 3.1.17 - Fee Concessions at Waste Management Facility;

(c)      A 50% reduction of Building Application Fees;

(d)      Consider the inclusion of the construction of a disability access ramp to the public reserve fronting the Broome Surf Life Saving Club, and a pathway from the vehicle access bridge to the top of the beach access stairs in the 2017/18 budget, following the submission of a project brief;

(e)      Notes the summary of Shire contribution below:

 

Item

Fees payable

Shire contribution

Building approval

$5,333

$2,666.50

Development Approval

$13,771

$6,885.50

Estimated Waste Transfer Facility fees (calculated at 80m3)

$4,240

$2,120

Disability access ramp at surf club

$70,000

$70,000

Pathway - Access bridge to shower/top of stairs

$20,000

$20,000

Peppercorn lease (estimated)

$20,000

$20,000

Parks and Gardens maintenance of the immediate surrounding area (15% of precinct)

$32,551

$32,551

Total

$165,895

$154,223

 

4.         Authorises the Chief Executive Officer to execute any and all documentation associated with the Broome Surf Life Saving Club’s application for development and building approval on behalf of the Shire of Broome as the land owner of the Cable Beach Foreshore Reserve;

5.         Requests the Chief Executive Officer to commence re-negotiation of the lease agreement between the Broome Surf Life Saving Club and the Shire of Broome; and,

6.         Requests the Chief Executive Officer to advise the Broome Surf Life Saving Club accordingly.

 

Council Resolution:

Moved: Cr D Male                                                    Seconded: Cr C Mitchell

That Council:

1.         Receives the letter of request from the Broome Surf Life Saving Club and notes the support currently provided by the Shire of Broome to the Broome Surf Life Saving Club through the provision of a peppercorn lease and Parks and Gardens maintenance of the immediate surrounds;

2.         Notes Council’s previous resolution of 25 August 2016:

(a)       To assist with the negotiation of a self supporting loan of up to $500,000 through the West Australian Government Treasury Corporation if required;

(b)      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;

3.         Approves a contribution to the Broome Surf Life Saving Club North West Training Facility to the value of $242,011 through the following:

(a)      A 100% reduction in Planning Application Fees;

(b)      A 100% reduction in Waste Management Fees associated with the development;

(c)      A 100% reduction of Building Application Fees;

(d)      Consider the inclusion of the construction of a disability access ramp to the public reserve fronting the Broome Surf Life Saving Club, and a pathway from the vehicle access bridge to the top of the beach access stairs in the 2017/18 budget, following the submission of a project brief;

(e)      Cash contribution of $76,116 to be funded from the Building Reserve (Building Renewal Allocation), based on 50% Building Renewal expenditure allocated towards the existing facility under the Shire’s Building Asset Management Plan. 

(f)        Notes the summary of Shire contribution below:

 

Item

Shire Contribution

Building approval

$5,333

Development Approval

$13,771

Estimated Waste Transfer Facility fees (calculated at 80m3)

$4,240

Disability access ramp at surf club

$70,000

Pathway - Access bridge to shower/top of stairs

$20,000

Peppercorn lease (estimated)

$20,000

Parks and Gardens maintenance of the immediate surrounding area (15% of precinct)

$32,551

Cash Contribution (based on 50% Building Renewal of existing building)

$76,116

Total

$242,011

 

4.         Authorises the Chief Executive Officer to execute any and all documentation associated with the Broome Surf Life Saving Club’s application for development and building approval on behalf of the Shire of Broome as the land owner of the Cable Beach Foreshore Reserve;

5.         Requests the Chief Executive Officer to commence re-negotiation of the lease agreement between the Broome Surf Life Saving Club and the Shire of Broome; and,

6.         Requests the Chief Executive Officer to advise the Broome Surf Life Saving Club accordingly and seek to amend the Shire’s Annual Budget should this project proceed.

CARRIED UNANIMOUSLY 7/0

 

Reason:  A 100% waiver of waste, building and planning fees was supported, in addition to a cash contribution of $76,116 (based on 50% Building Renewal expenditure allocated towards the existing facility under the Shire’s Building Asset Management Plan).  This contribution is also made in recognition of the funds raised by the Broome Surf Life Saving Club to date and with regard for the Chief Executive Officer to renegotiate the terms of the a new lease agreement. 

 

Attachments

1.

Request for assistance - Broome Surf Life Saving Club

2.

Cable Beach Foreshore - Proposed disability access ramp/pedestrian access to beach

3.

BSLSC - Proposed plans North West Training Facility

4.

Shire of Broome Framework for the Development of Sport and Recreation Facilities 2016 - 2025

  


Item 9.2.4 - BROOME SURF LIFE SAVING CLUB BUILDING DEVELOPMENT - REQUEST FOR ASSISTANCE

 

 

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Item 9.2.4 - BROOME SURF LIFE SAVING CLUB BUILDING DEVELOPMENT - REQUEST FOR ASSISTANCE

 

 

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Item 9.2.4 - BROOME SURF LIFE SAVING CLUB BUILDING DEVELOPMENT - REQUEST FOR ASSISTANCE

 

 

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Item 9.2.4 - BROOME SURF LIFE SAVING CLUB BUILDING DEVELOPMENT - REQUEST FOR ASSISTANCE

 

 

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Minutes – Ordinary Meeting of Council 15 December 2016                                                         Page 316 of 317

 

With regard to Item 9.2.5 Cr P Matsumoto disclosed that “I have an association with Nyamba Buru as a native title holder (PBC). As a consequence there may be a perception that my impartiality in the matter may be affected. I declare that I will consider this matter on its merits and vote accordingly.”

 

With regard to Item 9.2.5 Cr C Mitchell disclosed that “I have an association with Broome Golf Club as a financial member. As a consequence there may be a perception that my impartiality in the matter may be affected. I declare that I will consider this matter on its merits and vote accordingly.”

 

9.2.5      BROOME GOLF CLUB COMMUNITY ENGAGEMENT FOR PROPOSED RE-DEVELOPMENT ON THE CLUBHOUSE RESERVE

LOCATION/ADDRESS:                            RESERVE 33592. PORT DRIVE, BROOME WA

APPLICANT:                                              Nil

FILE:                                                           LSS022

AUTHOR:                                                   Property and Leasing Senior Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director Infrastructure

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    30 November 2016

 

SUMMARY:         This report presents the findings of the community engagement carried out in regard to the re-development of the Broome Golf Club on Reserve 33592. Officers request that Council note the community engagement report which will be used by the Golf Club to further develop their detailed design, business case and funding strategy for a new Golf Clubhouse.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 17 December 2015                 11.1 (Notice of Motion)

OMC 15 October 2015                     12.1 (Matters of Urgent Business)

OMC 24 April 2014                             Item 9.1.3

OMC 21 March 2013                         Item 9.2.2

OMC   4 May 2004                             Item 9.5.1

 

The Broome Golf Clubhouse is situated on Reserve 33592 and is vested with the Shire of Broome for the purpose of “club and club premises”.

 

At the OMC held 21 March 2013, Council resolved to enter into a lease agreement with the Broome Golf Club to lease a portion of Reserves 29300 and 33592 for the purpose of recreation golf links, club and club premises, for a length of term not exceeding 15 years. At this time Council resolved that as a condition of the lease the Broome Golf Club achieve the following milestones within the first five years:

 

a)      Development of detailed plans for the construction of new clubhouse, these plans to be independently costed;

 

b)      Development of a funding strategy for construction of the new clubhouse. This would also need to include demonstrating attempting to secure funding or approaching financial institutions to secure loan facilities.

 

c)      A detailed financial business plan outlining how loan commitments support the construction of the facility will be achieved.

 

These conditions were accepted as part of the lease agreement by the Golf Club and a new 15 year lease was entered into on 12 September 2013, due to expire on 11 September 2028.

On 8 July 2015, the Broome Golf Club provided the Shire with a Business Case proposal for Broome Golf Club – Clubhouse redevelopment feasibility study and detailed design. The Golf Club submitted the Business Case proposal to satisfy the milestone conditions of the lease. This was presented to Council at OMC 15 October 2015 with a request for a new 21 year lease agreement.

 

Council resolved the following:

 

Council Resolution:

 

Moved: Cr C Mitchell                                              Seconded: Cr H Tracey

 

That Council;

 

1.           Acknowledges the business case provided by the Broome Golf club meets the obligation of the 5 year milestone relating to development of the clubhouse and enters into a new 21 year lease with Broome Golf Club.

 

2.           Consent to the sub lease to Serenbear Pty Ltd Pty Ltd for the similar period.

 

3.           Delegate authority to the Chief Executive Officer to determine the final lease terms and conditions and present such back to Council for approval.

CARRIED UNANIMOUSLY 8/0

 

On 10 December 2015 Cr R Johnston submitted a Notice of Motion with officer comments from the Director Corporate Services and Director Infrastructure.

 

The proposed Notice of Motion was to revoke the decision made by Council on 15 October 2015 (Agenda Item 12.1) and propose a new motion on the matter.

 

At the OMC held 17 December 2015 Council resolved to revoke the Council decision made at the OMC held 15 October 2015 Agenda item 12.1.

 

Council resolved the following:

 

Council Resolution:

Moved: Cr H Tracey                                                 Seconded: Cr R Johnston

 

That Council;

 

1.         Acknowledges that considerable effort has gone into the development of the Business Case provided by the Broome Golf Club.

 

2.         Considers the Business Case represents a first step towards meeting the milestones identified in the lease;

 

3.         Requests the Chief Executive Officer to work with the Broome Golf Club in preparing further details to address the issues below prior to Council considering whether the milestones have been achieved or entertaining any new lease being entered into:

a)        opportunities for the redevelopment to further realise the potential of the site;

b)        development of the concept plans into detailed design plans and these to be independently costed

c)        development of a funding strategy for the new Clubhouse and demonstration of attempts to secure funding for the construction.

d)        a detailed financial business plan for the construction and operation of the facility.

 

4.         Requests the Chief Executive Officer to seek funding through the next Finance and Costing Review once financial implications are clarified in regard to finalising the lease milestones.

 

CARRIED UNANIMOUSLY 9/0

 

Reason: While the Council encourages and supports the Broome Golf Club the motion as carried clarifies matters for the Chief Executive Officer to work with the Broome Golf Club prior to Council considering any new lease arrangements.

 

COMMENT

 

Following the above resolution; the Chief Executive Officer established a CEO Advisory Group in February 2016 consisting of Council officers and Board Members of the Broome Golf Club.

 

Between February and July 2016 the CEO Advisory Group met on several occasions to develop an action plan and a scope of work for community engagement in regard to the proposed development and the ‘best use’ of the site. The report can then be used as a tool to progress the detailed design, business case and funding strategy that the Golf Club is required to submit to Council by September 2018. It was agreed that the engagement process would be carried out by an independent facilitator and funded by the Shire.

 

In August 2016 UDLA Pty. Ltd were appointed by the Shire of Broome to facilitate the community engagement and public workshops. The aim of the community engagement was to receive feedback from the public and key stakeholders on the following points:

 

·    Would the community prefer a community run club or privately run club?

·    The site is Crown Land, vested in the Shire and zoned in Local Planning Scheme No. 6 (LPS 6) as parks, Recreation & Drainage. Does your vision fit in with this zoning?

·    Do you believe the existing proposal is the ‘best use’ for this site?

·    What are your visions for the site?

·    Are you aware the Golf Club are undertaking a facility redevelopment proposal?

·    What do you like about the proposal?

·    What do you dislike about the proposal?

·    Do your visions fit within the current proposal and zoning?

 

UDLA invited broad community input through two whole-of-community engagement sessions and four separate stakeholder meetings. These sessions were well attended following Shire and local media advertisement and provided a broad and focused response to the current proposal and other visions for the ‘best use’ of the site. In total 54 people were involved in the engagement sessions, UDLA also prepared a survey which was offered online and in hard copy format - 140 surveys were completed (refer Attachment 1 & 2: UDLA Community Engagement Report and Attachment and Survey Results).

 

UDLA noted the following in their conclusion / summary:

 

“The review of the survey indicates the large majority of the community broadly in support of the current scheme as a venue (with modifications) and believe that the model for construction and facility management must be re-visited. Other stakeholders have provided much more polar responses to the development, with some support of a large scale development and some in support of a conservative stance to the development that aligns closely with the Yawuru aesthetic and cultural values. It can be summarised that although outliers exist on either side of the spectrum, the current proposal can be seen as a compromise between the two poles that is broadly supported middle ground that safely provides needs of now and into the future. Design modifications and further stakeholder consultation through design development will ensure a more fully supported and rigorous scheme.”

 

OFFICER COMMENT

 

After attending both workshops, and reviewing the survey results it is agreed that the clear majority of individuals supported the existing development proposal with minor amendments; however the Golf Club need to analyse the comments in greater detail and take this into consideration when finalising the detailed design of the project. The Golf Club will also need to consult further with the key stakeholders identified in this report including:

 

·    Australia’s North West Tourism

·    Nyamba Buru Yawuru

·    Broome Chamber of Commerce

 

It is recommended that Council note the community engagement report and overall support of the proposed development.   The Golf Club will be required to meet the milestones of their lease agreement as outlined below:

 

a)  Development of detailed plans for the construction of new clubhouse, these plans to be independently costed;

 

b)  Development of a funding strategy for construction of the new clubhouse. This would also need to include demonstrating attempting to secure funding or approaching financial institutions to secure loan facilities.

 

c)  A detailed financial business plan outlining how loan commitments support the construction of the facility will be achieved.

 

It is also recommended that Council request the Chief Executive Officer to continue to work with the Golf Club to achieve the above-mentioned lease milestones as per the Council Resolution of 17 December 2015.

 

CONSULTATION

 

UDLA

Broome Golf Club

Broome Chamber of Commerce

Australia’s North West Tourism

Nyamba Buru Yawuru

Public workshops and online surveys

 

STATUTORY ENVIRONMENT

 

Nil

 

POLICY IMPLICATIONS

 

Policy 5.1.10 Community Engagement

 

FINANCIAL IMPLICATIONS

Nil

 

RISK

 

Nil

 

STRATEGIC IMPLICATIONS  

 

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

 

Affordable services and initiatives to satisfy community need

 

Accessible and safe community spaces

 

Participation in recreational 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

 

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

 

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 land for residential, industrial, commercial and community use

 

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

 

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

 

Responsible resource allocation

Effective community engagement

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr D Male                                                    Seconded: Cr W Fryer

That Council:

1.       Notes the Community Engagement Reports prepared by UDLA as attached and requests the Broome Golf Club consider the outcomes of this report and incorporate such in the future detailed design, Business Case and Financial Business Plan as required by the current Lease Agreement.

2.       Notes the Broome Golf Club has until September 2018 to meet the following milestones of their lease agreement:

(a)    Development of detailed plans for the construction of a new clubhouse, these plans to be independently costed.

(b)    Development of a funding strategy for construction of the new clubhouse. This would also need to include demonstrating attempting to secure funding or approaching financial institutions to secure loan facilities.

(c)    Create a detailed financial business plan outlining how loan commitments to support the construction of the facility will be achieved.

3.       Requests the Chief Executive Officer to continue to work with the Broome Golf Club to support the achievement of meeting the above-mentioned milestones in line with Council’s resolution of 17 December 2015.

CARRIED UNANIMOUSLY 7/0

 

Attachments

1.

Golf Club Engagement Report 1

2.

Golf Club Engagement Report 2

  


Item 9.2.5 - BROOME GOLF CLUB COMMUNITY ENGAGEMENT FOR PROPOSED RE-DEVELOPMENT ON THE CLUBHOUSE RESERVE

 

 

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Item 9.2.5 - BROOME GOLF CLUB COMMUNITY ENGAGEMENT FOR PROPOSED RE-DEVELOPMENT ON THE CLUBHOUSE RESERVE

 

 

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Minutes – Ordinary Meeting of Council 15 December 2016                                                         Page 436 of 437

 

9.2.6      PROPOSED LANEWAY CLOSURES - COMMUNITY ENGAGEMENT PLAN

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           COM15

AUTHOR:                                                   Engineering Technical Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director Infrastructure

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    30 November 2016

 

SUMMARY:    There have been many requests from the public to close particular laneways throughout the suburbs of Old Broome and Cable Beach. A selection of laneways proposed to be closed has been produced. This report provides details of the Community Engagement Plan that has been developed to obtain stakeholder comment on the proposed laneway closures.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 24 November 2016                 Item 9.1.2

 

The Shire has received multiple requests from residents and businesses to close a range of laneways throughout the suburbs of Old Broome and Cable Beach due to the crime and antisocial behaviour that some of the laneways attract. Laneways are typically adjacent to residences where antisocial behaviour causes disruption to people’s private lives. Common problems are:

 

·    litter and broken glass;

·    graffiti;

·    vandalism and fires;

·    drinking;

·    loitering;

·    fighting;

·    vehicles using the laneway;

·    burglary; and

·    destruction of property.

 

At the Ordinary Meeting of Council (OMC) held 24 November 2016, Council resolved the following:

 

COUNCIL RESOLUTION:

(REPORT RECOMMENDATION)

Moved: Cr C Mitchell                                              Seconded: Cr P Matsumoto

That Council:

1.       Adopts the Shire of Broome Community Safety Plan as attached to this report as an informing strategy to the Shire’s Integrated Planning and Reporting Framework; and

2.       Requests the Chief Executive Officer to schedule a meeting of the Community Safety Working Group on Tuesday 6 December 2016 to:

a)        Thank the Community Safety Working Group for their efforts and input into the development of the Community Safety Plan; and

b)        Seek a review of the Terms of Reference for the Community Safety Working Group to define the role of the group in community safety to be presented back to Council for their consideration.

CARRIED UNANIMOUSLY 7/0

 

Actions 4.3 and 4.4 within the Community Safety Plan involve undertaking a strategic review of all laneways and implementing the laneway closures identified in the laneway audit.

 

A laneway audit which focused on the suburbs of Old Broome and Cable Beach was completed to identify which laneways are problematic and to gain an understanding of their functionality.  Although some laneways have attracted crime, they are a useful and functional part of the pedestrian network providing access to parks, beaches, shops and schools.  Some also form part of the drainage network and/or are used as service corridors for utility providers.

 

Approximately 50 laneways were inspected and considered against a list of criteria.  They were ranked against:

 

·    their significance on the pedestrian network;

·    the level of amenity, i.e. overall feeling of safety – well lit and open;

·    evidence of crime and antisocial behaviour;

·    presence of utilities; and

·    cost of closure. 

 

Feedback from local police and Shire clean up workers and complaints from residents were also considered (refer Attachment 1:  Laneway Audit Spreadsheet).

 

The two methods of closing laneways are amalgamation and fencing. The amalgamation method permanently closes the laneway by incorporating the land into the adjacent properties by amending the property boundaries.  This method is not always possible due to drainage or utility requirements, it is a costly and time consuming process, and can take six to twelve months to implement; and it eliminates the possibility of reopening the laneway in future if the amenity of the neighbourhood ever improves due to urban redevelopment or the like.

 

The second method of laneway closure is by using fencing.  This creates a barrier so the laneway cannot be used.  It is a relatively cheap way of closing a laneway, keeps access available for utility services, and allows the laneway to be reopened at a later date if desired.

 

Fencing was decided to be the preferable option given the cost benefit and ability to reopen the laneways if urban redevelopment were to occur.

 

The results of the audit were discussed at a workshop with Councillors on 6 October 2016.  The outcome of the workshop identified the following proposed laneway closures:

 

·    Puertollano Place

·    Plancania Place

·    Martin Court

·    Cox Place

·    Wing Place

·    Ellies Court

·    McKenzie Road

·    Pryor Drive

 

(Refer Attachment 2:  Proposed Laneway Closures – Location Plans and Attachment 3:  Proposed Laneway Closures – Details).

 

COMMENT

A community engagement plan has been developed to notify and consult with the community and stakeholders who may be affected by the proposed laneway closures (refer Attachment 4:  Laneway Closures - Community Engagement Plan).

 

A submission form has been developed to assist stakeholders and the community to make comments on the proposed laneways (refer Attachment 5: Laneway Closures – Submission Form).

 

CONSULTATION

 

Letters from residents requesting laneway closures

Consultation with WA Police

Consultation with Shire clean up workers

Councillor workshop

 

STATUTORY ENVIRONMENT

 

Land Administration Act 1997

Local Government Act 1995

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

Service: Advertising for Proposed Laneway Closures Community Engagement

Laneway Closures Community Engagement

Cost

Remarks

Advertising in Broome Advertiser

$300

Public notice in Broome Advertiser.

Corflute notice at laneways

$500

Two corflute notices at each of the proposed laneways to be closed.

TOTAL

$800

 

 

Funding Source: Advertising for Proposed Laneway Closures Community Engagement

Funding Type

Expense

Funding Details

Account Number

Budget

$800

Advertising – Op Exp – Engineering Office

143036

TOTAL

$800

 

 

 

RISK

 

Although there are benefits to closing some of the laneways, it will potentially cause an inconvenience to members of the public.  If the community are not consulted it is “almost certain” this would have a “medium” impact to the Shire’s reputation; the overall risk to the Shire is “extreme”.

 

This risk to the Shire’s reputation would be mitigated by the execution of the Community Engagement Plan prior to the lane closures being made.

 

STRATEGIC IMPLICATIONS

 

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

 

Effective communication

 

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

 

Effective community engagement

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                              Seconded: Cr M Fairborn

That Council:

1.       Endorses in principal the following laneway closures by erecting fencing subject to outcomes of the community consultation:

a)  Puertollano Place;

b)  Plancania Place;

c)  Martin Court;

d)  Cox Place;

e)  Wing Place;

f)    Ellies Court;

g)  McKenzie Road; and

h)  Pryor Drive.

2.       Endorses the Community Engagement Plan, with submission period of 22 December 2016 to 17 February 2017, and submission form for the proposed laneway closures.

3.       Notes that the responses of the community engagement process and amended proposed lane closures will be presented to Council.

CARRIED UNANIMOUSLY 7/0

 

Attachments

1.

Laneway Audit Spreadsheet

2.

Proposed Laneway Closures - Location Plans

3.

Proposed Laneway Closures - Details

4.

Laneway Closures - Community Engagement Plan

5.

Laneway Closures - Submission Form

  


Item 9.2.6 - PROPOSED LANEWAY CLOSURES - COMMUNITY ENGAGEMENT PLAN

 

 

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Item 9.2.6 - PROPOSED LANEWAY CLOSURES - COMMUNITY ENGAGEMENT PLAN

 

 

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Minutes – Ordinary Meeting of Council 15 December 2016                                                         Page 461 of 462

 

9.2.7      CONSENT TO EASEMENT TO ENERGY DEVELOPMENTS PTY LTD FOR NATURAL GAS TRANSMISSION PIPELINE FROM  BROOME FUEL STORAGE FACILITY TO BROOME POWER STATION

LOCATION/ADDRESS:                            Part of Lots 551, 552, 553, 554, 555, 556 and 1193

APPLICANT:                                              Energy Developments Pty Ltd

FILE:                                                           LSS.101

AUTHOR:                                                   Asset & Building Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director Infrastructure

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    30 November 2016

 

SUMMARY:         To gain Council’s approval for the Shire of Broome to affix the Common Seal as Consentor to an Easement in Gross over Crown land at the request of Energy Developments Pty Ltd (EDL) and the Minister for Lands for the gas transmission pipeline owned by Energy Developments Pty Ltd from Broome Fuel Storage Facility to Broome Power Station.

 

 

BACKGROUND

 

Previous Considerations

 

Nil

 

COMMENT

 

On 30 November 2016 EDL wrote to the Shire of Broome seeking that the Shire consent to a Easement in Gross from the Minister for Lands to EDL for the gas transmission pipeline from Broome Fuel Storage Facility to  Broome Power Station (refer Attachment 1 – EDL Letter).  The pipeline was constructed in 2007 in conjunction with the Broome Fuel Storage Facility.

 

EDL owns and operates Broome’s sole electricity generating plant. EDL currently lease land from the Shire of Broome at the Waste Management Facility for the Broome Fuel Storage Facility.  The gas transmission pipeline runs along Crown land containing Shire dedicated road reserves, hence the need for the Shire to consent to the Easement.

 

From the storage tanks located at the Waste Management Facility the pipe initially runs beside Buckleys Road, then into Broome North through Magabala Road and Dalmatio Street before crossing Gubinge Road in to the Roebuck Estate side. The pipe runs down Gubinge Road to Cable Beach Road East then follows Cable Beach Road East to Port Drive, and leaves Port Drive at McDaniel and then on to the Power Station.

 

EDL noted that the Easement in Gross documentation was originally developed in mid 2007 but the matter was never progressed for a number of reasons laid out in their letter.  Recently EDL have worked with the Department of Lands to complete the required documentation (refer Attachment 2 – Easement in Gross, Attachment 3 Pipeline Deposited Plan (1),  Attachment 4 Pipeline Deposited Plan (2)).

 

The gas transmission pipeline runs through the various roads reserves listed below between the Broome Fuel Storage Facility to Broome Power Station.

 

The Easements requested relate to the lots as shown in Attachment 4:

 

·    Lot 550 on Deposited Plan 71439 as shown as Easement ‘A’ on Deposited Plan 71439;

·    Lot 551 on Deposited Plan 71439 as shown as Easement ‘A’ on Deposited Plan 71439;

·    Lot 552 on Deposited Plan 71439 as shown as Easement ‘A’ on Deposited Plan 71439;

·    Lot 553 on Deposited Plan 71439 as shown as Easement ‘A’ on Deposited Plan 71439;

·    Lot 554 on Deposited Plan 71439 as shown as Easement ‘A’ on Deposited Plan 71439;

·    Lot 555 on Deposited Plan 71439 as shown as Easement ‘A’ on Deposited Plan 71439; and

·    Lot 556 on Deposited Plan 71439 as shown as Easement ‘A’ on Deposited Plan 71439.

 

As the Easement is through Crown Land there is no risk to the Shire.  Section 5.2 (c) of the Easement in Gross provides that if the Shire of Broome needs to move the pipeline because of works it needs to carry out on the road, if the Shire of Broome is not required to pay the costs of relocation by law (e.g. resumption laws), then EDL must indemnify the Shire of Broome for their reasonable costs.

The process for execution of the Easement in Gross document is that EDL first sign, thereafter the Shire of Broome signs, EDL pay the stamp duty and the Easement in Gross document is returned to Department of Lands who will arrange the Minister's sign off and lodgement of the Easement in Gross.

 

CONSULTATION

 

Department of Lands

 

STATUTORY ENVIRONMENT

 

Land Administration Act 1997

Transfer of Land Act 1893

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

Nil

 

RISK

 

Should Council decline to consent to the Easement in Gross there is reputational risk to the Shire in their dealings with State Government as the State Government is seeking to formalise the arrangement with the gas transmission pipeline.

 

No construction risk exists through the Easement as EDL must indemnify the Shire of Broome for their reasonable costs if the pipeline impacts on Shire roads works.

 

STRATEGIC IMPLICATIONS  

 

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

 

Affordable services and initiatives to satisfy community need

 

A healthy and safe environment

 

Our 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

 

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

 

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

 

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

 

Responsible resource allocation

 

Effective community engagement

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr H Tracey                                                 Seconded: Cr C Mitchell

That Council:

1.       Notes the Easement in Gross from the Minister for Lands to EDL for the purpose of gas transmission pipeline from Broome Power Station to Broome Fuel Storage Facility.

2.       Endorse the Easements to be created over Lots as shown in Attachment 4:

(a)    Lot 550 on Deposited Plan 71439 as shown as Easement ‘A’ on Deposited Plan 71439;

(b)    Lot 551 on Deposited Plan 71439 as shown as Easement ‘A’ on Deposited Plan 71439;

(c)    Lot 552 on Deposited Plan 71439 as shown as Easement ‘A’ on Deposited Plan 71439;

(d)    Lot 553 on Deposited Plan 71439 as shown as Easement ‘A’ on Deposited Plan 71439;

(e)    Lot 554 on Deposited Plan 71439 as shown as Easement ‘A’ on Deposited Plan 71439;

(f)      Lot 555 on Deposited Plan 71439 as shown as Easement ‘A’ on Deposited Plan 71439; and

(g)    Lot 556 on Deposited Plan 71439 as shown as Easement ‘A’ on Deposited Plan 71439.

3.       Authorises the Shire President and Chief Executive Officer to affix the Common Seal as Consentor to the Easement in Gross.

CARRIED UNANIMOUSLY 7/0

 

Attachments

1.

EDL Letter

2.

Pipeline Deposited Plan (1)

3.

Pipeline Deposited Plan (2)

4.

Easement in Gross

  


Item 9.2.7 - CONSENT TO EASEMENT TO ENERGY DEVELOPMENTS PTY LTD FOR NATURAL GAS TRANSMISSION PIPELINE FROM  BROOME FUEL STORAGE FACILITY TO BROOME POWER STATION

 

 

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Item 9.2.7 - CONSENT TO EASEMENT TO ENERGY DEVELOPMENTS PTY LTD FOR NATURAL GAS TRANSMISSION PIPELINE FROM  BROOME FUEL STORAGE FACILITY TO BROOME POWER STATION

 

 

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Item 9.2.7 - CONSENT TO EASEMENT TO ENERGY DEVELOPMENTS PTY LTD FOR NATURAL GAS TRANSMISSION PIPELINE FROM  BROOME FUEL STORAGE FACILITY TO BROOME POWER STATION

 

 

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Item 9.2.7 - CONSENT TO EASEMENT TO ENERGY DEVELOPMENTS PTY LTD FOR NATURAL GAS TRANSMISSION PIPELINE FROM  BROOME FUEL STORAGE FACILITY TO BROOME POWER STATION

 

 

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9.3

 

Our Prosperity

 

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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.


Minutes – Ordinary Meeting of Council 15 December 2016                                                         Page 500 of 501

 

With regard to Item 9.3.1 Cr P Matsumoto disclosed that “I have an association with Nyamba Buru member native title (PBC). As a consequence there may be a perception that my impartiality in the matter may be affected. I declare that I will consider this matter on its merits and vote accordingly.”

 

9.3.1      CHINATOWN REVITALISATION PROJECT - CULTURAL & INTERPRETIVE CENTRE FEASIBILITY PROJECT

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           PLA94

AUTHOR:                                                   Special Projects Coordinator

CONTRIBUTOR/S:                                    Acting Projects Coordinator

RESPONSIBLE OFFICER:                          Acting Director Community Development

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    9 October 2016

 

SUMMARY:         This report provides information regarding the Cultural and Interpretive Centre Feasibility Project (CICFP) which is one of the key projects within the broader Broome Chinatown Revitalisation Project (CRP).

Specifically, the report:

·        Presents the Terms of Reference of the Cultural and Interpretive Centre Working Group (CICWG) for Council’s consideration and endorsement within the broader Chinatown Revitalisation Governance Terms of Reference Document;

·        Notes an offer of $100,000 from Tourism WA’s Tourism Demand Driver Infrastructure (TDDI) funding program to be allocated towards the delivery of the CICFP in addition to the Department of Regional Development Royalties for Regions (RfR) funding and requests Council accept the additional funding; and

·        Presents a Grant Agreement from Tourism WA setting out the terms and conditions of the funding arrangement for consideration and endorsement by Council.

 

 

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

OMC 25 August 2016                        Item 9.1.6

 

Project 3 of the CRP is the Feasibility and Design of a Cultural and Interpretive Centre. The project will comprise the community and stakeholder engagement, site services investigation, planning, tenure and detailed analysis of the capital, operational and governance requirements for a Broome Cultural and Interpretive Centre. The final task will be to undertake a detailed design and finalise architectural plans and site selection.

 

At the Ordinary Council Meeting held 25 August 2016, Council resolved Items 2, 3, and 4 in respect of the Cultural and Interpretive Centre Working Group:

 

Council Resolution:

(REVISED Report Recommendation)

Moved: Cr C Mitchell                                              Seconded: Cr H Tracey

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 that the goal of the working group is to develop a concept with a sound business case for the development of an iconic cultural centre that is a major new attraction for visitors and locals alike, presenting the full diversity and depth of all Broome’s and the region’s history, art and culture.

 

4.       Requests the Chief Executive Officer to;

(a)    draft Terms of Reference for the Working Group that reflects the above purpose in consultation with the members of the Chinatown Steering Group for Council’s                           consideration and endorsement at the September Ordinary Meeting of Council; and

b)      include a representative of the WA Museum in the Terms of Reference for the Working Group.

 

5.       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.

 

6.       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.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 8/0

 

This report seeks to address Item 4 (four) of this resolution in providing a Terms of Reference and partner funding for the CICFP.

 

COMMENT

 

The CICWG has met twice and includes the following members:

·        Chief Executive Officer – Nyamba  Buru Yawuru (Chair)

·        Chief Executive Officer – Shire of Brome

·        Chief Executive Officer – Kimberley Development Commission

·        Regional Manager Northern and Goldfields Regions– LandCorp

·        Director Destination Development and Projects – Tourism WA

·        Nominee of WA Museum

·        Other members as appointed by the Chinatown Steering Committee

 

In accordance with Item 4 of the above resolution, officers together with representatives of the CRP partnership have drafted the proposed Terms of Reference for the CICWG as attached to this report (as an insert of the broader Governance Terms of Reference document).

 

Cultural Centre Feasibility – Tourism WA Partner Funding

 

Tourism WA have provided the Shire of Broome with an opportunity to add $100,000 TDDI funding to the CICFP. The funding would be matched by the recipient funding provided to the Shire by the Department of Regional Development through RfR funding.

 

At the Chinatown Revitalisation Project Steering Committee meeting on the 22 September 2016 the members agreed to the following:

 

Approves the project budget being designated as the source of a matching contribution to secure the proposed Tourism WA contribution of $100k for the feasibility study.

 

Accordingly, a Grant Agreement governing the terms and conditions of the funding has been included with this report, for consideration and endorsement by Council.

 

CONSULTATION

 

Tourism WA

Nyamba Buru Yawuru

Kimberley Development Commission

Landcorp

Department of Regional Development

 

STATUTORY ENVIRONMENT

 

Nil

 

POLICY IMPLICATIONS

 

Policy 1.1.1 Application of Common Seal

 

FINANCIAL IMPLICATIONS

 

The inclusion of the funding from Tourism WA does not require any further funding commitment. It requires a commitment to leverage the funding already allocated to the CICFP to secure the additional funding from Tourism WA. As part of this arrangement, the Shire would need to enter into a funding agreement with Tourism WA to deliver the project. No additional project outcomes are required as part of this. There will be additional reporting requirements as shire officers will be required to report on and acquit two grants.

 

The table below outlines funding sources for the capital and lifecycle costs.

 

Funding Source: Cultural Centre Feasibility and Design Project

Funding Type

Capital  or Start Up Expense

Life Cycle Costs (Annual)

Funding Details (eg RLCIP)

Account Number

Cost $

*Cost Type

Grant Department of Regional Development

$750,000

 

 

RfR

 

Grant Tourism WA

$100,000

 

 

TDDI

 

Budget

 

 

 

 

 

 

 

 

 

 

 

TOTAL

$850,000

 

 

 

 

*Cost Type – Asset:    New, Upgrade, Renewal, Maintenance, Operating.

                     Service:   Start up and Operating

 

RISK

 

A risk to the project at this stage involves the identification of a fatal flaw during the fatal flaw analysis of the project which would see the project not meet its identified milestones and not proceed any further. In this instance, the Grant Agreement sets out provisions in respect to recovery of funding. This risk will be mitigated by a robust governance structure and clear project guidelines and planning. The inclusion of Tourism WA in the working group will also ensure that open and transparent communication is occurring throughout the project.

 

There is also a risk to the project delivery through a high number of participants in the project governance. To ensure a coordinated approach a CICWG, has been established, consisting of representatives of these organisations. The working group terms of reference have been included as an attachment to this report.

 

STRATEGIC IMPLICATIONS  

 

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

 

Affordable services and initiatives to satisfy community need

 

Accessible and safe community spaces

 

Participation in recreational and leisure activity

 

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

 

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

 

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:

 

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

 

Effective community engagement

 

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                              Seconded: Cr H Tracey

That Council:

1.       Endorse the Cultural and Interpretive Centre Working Group Terms of Reference as attached to this report;

2.       Accept the Tourism WA TDDI funding of $100,000 and match it against the existing Cultural and Interpretive Centre Feasibility Project funding by the Department of Regional Development; and

3.       Approves the Tourism WA TDDI Grant Agreement and authorises the Chief Executive Officer to engross all documentation as required.

CARRIED UNANIMOUSLY 7/0

 

Attachments

1.

Tourism WA Funding Letter

2.

Tourism WA TDDI Funding Grant Agreement

3.

Cultural Interpretive Centre Working Group Terms of Reference

  


Item 9.3.1 - CHINATOWN REVITALISATION PROJECT - CULTURAL & INTERPRETIVE CENTRE FEASIBILITY PROJECT

 

 

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Item 9.3.1 - CHINATOWN REVITALISATION PROJECT - CULTURAL & INTERPRETIVE CENTRE FEASIBILITY PROJECT

 

 

Grant Agreement

(TWA1516064)

 

 

between

 

 

Tourism Western Australia

 

 

and

 

 

Shire of Broome

 

for the

 

Chinatown Cultural Interpretive Centre Feasibility Study

 

 

 


Item 9.3.1 - CHINATOWN REVITALISATION PROJECT - CULTURAL & INTERPRETIVE CENTRE FEASIBILITY PROJECT

 

 

 

This Grant Agreement is made on the ___________________day of ____________________20______.

1.         PARTIES

WESTERN AUSTRALIAN TOURISM COMMISSION a body corporate under the Western Australian Tourism Commission Act 1983 (WA) of Level 9, 2 Mill Street, Perth, Western Australia, 6000, ABN 95 468 665 668 (Tourism WA).

and

SHIRE OF BROOME, a local government authority under the Local Government Act 1995 (WA) of Weld Street, Broome, Western Australia, 6725, ABN 94 526 654 007 (Shire of Broome).

2.         RECITALS

(a)        Tourism WA is responsible for promoting Western Australia as an attractive holiday, event, convention and incentive travel destination to the intrastate, interstate and international markets to enhance the tourism industry, infrastructure and product base.

(b)        Shire of Broome’s role generally includes infrastructure and property services, including local roads, bridges, footpaths, drainage, waste collection and management and the provision of recreational facilities, such as parks, sports fields and stadiums, golf courses, swimming pools, sport centres, halls, camping grounds and caravan parks.

(c)        To enable the Parties to conduct a study into the feasibility of establishing a Chinatown Cultural Interpretative Centre in Broome; Tourism WA will provide Funding to Shire of Broome toward the cost of engaging a suitable consultant(s). The funding being provided by Tourism WA as part of this agreement was originally provided to the State from the Commonwealth and will be added to the funding provided through Royalties for Regions. The Chinatown Cultural Interpretive Centre Feasibility study is being managed by a Working Group chaired by Nyamba Buru Yawuru.  The Western Australian Government has vested authority and responsibility for this and other Chinatown Revitalisation projects with the Chinatown Revitalisation Project Steering Committee (CRPSC).   

(d)        The Parties agree that the following terms and conditions will apply to the payment of Funding by Tourism WA to the Shire of Broome for the Parties to undertake the Project.

3.         DEFINITIONS AND INTERPRETATION

3.1 Definitions

In this Agreement the following definitions apply unless the context otherwise requires:

Additional/New Milestones has the meaning given to it in clause 8.1(c).

Acknowledgement means a written or verbal acknowledgement in the form specified by Tourism WA of the contribution and assistance provided by Tourism WA for the Project, and which includes, but is not limited to the use of Tourism WA's Logo and associated advertising materials.

Agreement means this Agreement, including its recitals, schedules and annexures.

Acquittal occurs when Tourism WA has advised that the reports and financial information provided by the Shire of Broome in accordance with Schedule Four are satisfactory.

Associates means officers, members and employees.

Auditor means an accountant who is a member of the Institute of Chartered Accountants in Australia, the Australian Society of Certified Practicing Accountants or the National Institute of Accountants and who is independent from the Shire of Broome.

Auditor General means the Auditor General for the State of Western Australia.

Business Day means a day other than a Saturday, Sunday or a public holiday in Western Australia.

Commencement Date means the date when this Agreement is entered into.

Commonwealth means Commonwealth of Australia.

Department means Department of Regional Development.

Final Report means the final report described in Item 1 of Schedule Four.

Funding means the amount or amounts specified in Items 5 and 6 of Schedule One.

Insolvency Event means:

(a)     the occurrence of an event or circumstance that has or may have an adverse effect on the commercial or financial viability of a Party, the ability of a Party to perform its Obligations or the ability of a Party to enforce its rights against the other Party under or in connection with the Agreement; or

(b)    without limiting paragraph (a) when a Party is unable, or is deemed by any Law to be unable, to pay its debts as and when they fall due, or places itself or is placed, under any form of external administration.

IPR means intellectual property rights.

Law means all applicable present and future laws including:

(a)     all acts, ordinances, regulations by-laws, orders, awards and proclamations of Tourism WA of Western Australia or the Commonwealth;

(b)    Authorisations;

(c)     Principles of law or equity;

(d)    Standards, codes, policies and guidelines; and

(e)    the ASX listing rules.

Milestones means the milestones set out in Schedule Three, with each milestone in relation to an Obligation being the date by which that Obligation must be completed, and includes the Date for Project Completion.

Obligations means an obligation in this Agreement.

Party means each of Tourism WA, or the Shire of Broome as the context requires, and Parties means both of them.

Project means the initiative or activities to be undertaken with the Funding described in Item 3 of Schedule One.

Project Budget means the budget for the Project set out in Schedule Two.

Schedule means any schedule to, and forming part of, this Agreement.

Special Conditions means the conditions in Schedule Four.

State means the State of Western Australia.

Term means duration of this Agreement.

Termination Date means the date specified as such at Item 4 of Schedule One.

Tourism Demand Driver Infrastructure Grant means the Grant described at Item(s) 3 and 5 of Schedule One of this Agreement.

3.2       Interpretation

In this Agreement, unless the contrary intention appears:

(a)        headings are for convenience only and do not affect the interpretation of this Agreement;

(b)        the singular includes the plural and vice versa;

(c)        other grammatical forms of defined words or expressions have corresponding meanings;

(d)        a reference to a clause, paragraph, schedule or annexure is a reference to a clause or paragraph of, or schedule or annexure to, this Agreement and a reference to this Agreement includes any schedules and annexures;

(e)        a reference to a clause, document or agreement, including this Agreement, includes a reference to that clause, document or agreement as novated or amended from time to time;

(f)         a reference to a statute, ordinance or by-law includes regulations and other instructions under it and consolidations, amendments, re-enactments or replacements of any of them;

(g)        a reference to a party includes executors, administrators, permitted assigns and successors of that party;

(h)        ‘including’ means ‘including without limitation’;

(i)         a reference to a thing includes each and every part of that thing and a reference to a group of things includes one or more members or parts of that group;

(j)         a reference to one gender includes the other gender and the neutral gender;

(k)        all provisions and stipulations expressly or impliedly set out in any schedule to this agreement are hereby included as terms of this Agreement and therefore enforceable in accordance with their express or implied terms; and

(l)         a reference to dollars or $ means Australian Dollars.


 

4.         WARRANTIES

4.1       The Shire of Broome acknowledges and warrants to Tourism WA that:

(a)     as at the Commencement Date the Shire of Broome is free to, and has the authority to, enter into this Agreement;

(b)    the Shire of Broome has taken all necessary action to authorise the execution, delivery and performance of this Agreement in accordance with its terms;

(c)     all information provided to Tourism WA by or on its behalf in connection with this Agreement, the transactions contemplated by this Agreement, and its assets, business and affairs are true and correct in all material respects and are not, whether by omission or otherwise, misleading or deceptive; and

(d)    it has not withheld from Tourism WA any document, information or other fact material to the decision of Tourism WA to enter into this Agreement on its terms.

4.2       The Shire of Broome acknowledges that Tourism WA has entered into this Agreement in reliance on the representations and warranties in, or given under, this Agreement.

5.         TERM

This Agreement commences on the Commencement Date and terminates on the Termination Date.

6.         SCOPE OF AGREEMENT

6.1       The Shire of Broome must:

(a)     conduct, carry out and manage all aspects of the Project and fulfil its Obligations in a competent, diligent, satisfactory and professional manner, and to a high standard;

(b)    comply with this Agreement; and

(c)     provide funding and other resources, including human resources, adequate to properly meet its Obligations.

6.2       Tourism WA must pay the Shire of Broome the Funding in the manner set out in Item 5 of Schedule One which must be used by the Shire of Broome to carry out the Project and for no other purpose.  For avoidance of doubt, and without in any way limiting Tourism WA's rights under this Agreement, Tourism WA has no obligation to pay any part of the Funding to the Shire of Broome until each Party has complied with its Obligations in clause 8.9.

6.3       The Shire of Broome must notify Tourism WA:

(a)     of any actual, pending or threatened claim, against one or more of the Shire of Broome, a related body corporate or a senior staff member as soon as practicable after the Shire of Broome becomes aware of that claim;

(b)    immediately if the Shire of Broome is in breach of any Law, receives an audit qualification, or breaches, fails to obtain or is under scrutiny through an inquiry or decree in respect to (as applicable) any consent, registration, approval, license or permit or agreement, order or award binding on the Shire of Broome or which the Shire of Broome requires in order to carry out one or both of the Project or its business; and

(c)     immediately if the Shire of Broome becomes aware of any fraud or corruption in relation to the Project, the Funding, any interest which accrues on the Funding, or this Agreement.

6.5       The Shire of Broome must:

(a)     ensure that all records of income, expenditure, work, activities, progress, setbacks, problems, business and commercial arrangements and dealings in relation to either or both of this Agreement and the Project as kept are CRPSC approved, accurate, complete, up-to-date and properly detailed. Promptly provide Tourism WA with information or documentation (relating in any way to the Project or this Agreement) requested by Tourism WA.  The Shire of Broome must ensure that all such information or documentation (as the case may be) is CRPSC approved, accurate, complete, up-to-date, properly detailed and not in any way misleading or deceptive;

(b)    provide Tourism WA within five (5) Business Days of any such request with written evidence (to the satisfaction of Tourism WA in its absolute discretion) that the Shire of Broome receiving such request is solvent and financially viable and secure and has the expertise and operational capability and capacity to carry out the Project; and

(c)     establish a separate account or cost centre within its financial system solely for the Funding and any interest which accrues on the Funding.

7.         PAYMENT OF FUNDING

Subject to the terms and conditions of this Agreement, Tourism WA will pay to Shire of Broome the Funding in accordance with the total funding specified in Item 5 of Schedule One.

8.         PARTIES OBLIGATIONS

8.1       Use of Funding

(a)     The Shire of Broome must use the Funding (and any interest which accrues on the Funding) for carrying out of the Project in accordance with this Agreement and the Project Budget.  All of this expenditure must be effected in a commercially prudent, sensible and reasonable manner.

(b)    In carrying out the Project, the Shire of Broome must comply with and meet all Milestones including completing the Project by the Completion Date.

(c)     Without in any way limiting Tourism WA’s rights under this Agreement, including under clause 13, or under Law, if the Shire of Broome fails to comply with or meet a milestone, Tourism WA may at any time impose additional milestones in relation to any aspect of the Project or replace any milestones with new milestones (additional/new milestones).  Tourism WA has absolute discretion as to whether to impose additional milestones, or replace existing milestones, and as to what those new or replacement milestones will be and what aspects of the Project or Agreement they will relate to.  In carrying out the Project, the Shire of Broome must comply with and meet all additional/new milestones or any further milestones set by Tourism WA, Tourism WA has the same rights as set out above to at any time impose new or replacement milestones in its absolute discretion without in any way limiting Tourism WA’s rights under this Agreement, including under clause 13, or under Law.

(d)    The Shire of Broome acknowledges and agrees that the Funding must not be used for projects or components of projects that are:

i.      marketing, advertising or product promotion; regular repairs and maintenance;

ii.     upgrading or developing facilities predominately for local communities;

iii.    engaging or paying permanent employees; and

iv.    administrative or running costs that are normally the responsibility of a business, state or territory administration or local council.

8.2       No Changes

                The Shire of Broome must not make any changes to the Project or any agreed budget (including the Project Budget) without the prior written consent of the CRPSC and Tourism WA. Tourism WA has absolute discretion in granting or withholding its consent.

8.3       No Endorsement

             The Shire of Broome agrees that nothing in this Agreement constitutes an endorsement by Tourism WA of any goods or services provided by a Party.

8.4       Acknowledgement of Tourism WA

(a)     Any communications in relation to either or both of, the Project and this Agreement including presentations, publications, signage, articles, newsletters, other literary works relating to the Project must:

i.       equally represent the Parties when Project logos are displayed, including containing Tourism WA’s logo, the Shire of Broome’s logo and/or the State Government logo and names in an equally prominent position; and

ii.      all logo use and placements must be approved by Tourism WA before publication.  Tourism WA will provide appropriate logos in relevant formats with guidelines for use.

(b)    The respective roles of Tourism WA and the Shire of Broome must be acknowledged as relevant for conferences, and project launches where the Project is promoted.

(c)     The Parties shall:

i.       work cooperatively at the senior management and officer levels;

ii.      maintain open communication, both formal and informal, to progress the objectives of this Agreement;

iii.     share information and knowledge as practicable; and

iv.     advise any stakeholders in the Project about arrangements between the Parties.

(e)    The Shire of Broome must coordinate joint communications when dealing with the media and stakeholders in the Project in relation to the Project on issues of significance or mutual concern, including circulating draft media statements, advertising proposals and advertisements between the Parties for comment prior to publication.

(f)     The Shire of Broome must liaise with Tourism WA and the CRPSC prior to releasing, and gain the prior written approval of Tourism WA to the release of, any media statement, advertising proposal or advertisement by a Party in relation to the Project.

8.5       Requests for Information

The Shire of Broome is to promptly provide Tourism WA with any documents or information relating to this Agreement or the Project on request.  Each Party must ensure that all such documents and information are accurate, comprehensive, sufficiently detailed, up-to-date and in no way misleading or deceptive.

8.6       Accounts and Reporting

(a)     The Shire of Broome must provide Tourism WA with annual and progress reports containing the information and within the timeframes set out in Item 1 of Schedule Four of this Agreement.

(b)    The Shire of Broome must provide Tourism WA with a Final Report within three (3) months after receipt by the Shire of Broome of any written request from Tourism WA to do so or of any earlier termination of this Agreement.

(c)     This clause 8.6 survives termination of this Agreement.

8.7       General Undertakings

The Shire of Broome must

(a)     at all times duly perform and observe its Obligations and must promptly inform Tourism WA of any occurrence that might adversely affect its ability to do so in a material way;

(b)    undertake its Obligations with integrity, good faith and probity in accordance with good corporate governance practices;

(c)     not, nor attempt to, sell, transfer, assign, mortgage, charge or otherwise dispose of or deal with any of its rights, entitlements and powers or Obligations under this Agreement;

(d)    comply with all Laws; and

(e)    cooperate fully with Tourism WA in the administration of this Agreement.

8.8       Negation of Employment, Partnership and Agency

(a)     The Shire of Broome must not represent itself, and must ensure that its employees, contractors, sub-contractors or agents do not represent themselves, as being an employee, partner or agent of Tourism WA or as otherwise able to bind or represent Tourism WA.

(b)    The Shire of Broome will not, by virtue of this Agreement, be or for any purpose be deemed to be, an employee, partner, or agent of Tourism WA, or have any power or authority to bind or represent Tourism WA.

8.9       Insurance

(a)     The Shire of Broome shall for the Term of this Agreement at its own cost, effect and keep current:

i.       Workers’ Compensation / employers indemnity insurance in accordance with the provisions of the Workers Compensation and Injury Management Act 1981 (WA), including cover for common law liability for an amount not less than $50,000,000 for any one event in respect of workers of the Shire of Broome; and

ii.      Public Liability insurance for a minimum amount of $20,000,000 in respect of any one claim and unlimited in the aggregate.

(b)    Following a written request from or on behalf of Tourism WA the Shire of Broome receiving the request, shall provide to Tourism WA certificates of currency for the insurance policies or a declaration in a form satisfactory to Tourism WA from the Shire of Broome’s insurer confirming that the insurance requirements under this Agreement have been met.

(c)     It is the sole responsibility of the Shire of Broome to ensure that any personnel employed or engaged for the purposes of meeting its Obligations are adequately insured for the nature of services or work to be performed or provided by them.

9.         REPAYMENT AND RETENTION OF FUNDING

Within twenty (20) Business Days from receipt by the Shire of Broome of any written request from Tourism WA to provide a Final Report or any earlier termination of this Agreement, the Shire of Broome must remit to Tourism WA any Funding that Tourism WA has paid to the Shire of Broome that has not been spent or committed in accordance with this Agreement and any interest which accrued on that Funding.  This clause 9 does not limit clause 13.3 in any way.

10.       LIMITATION OF LIABILITY

10.1    Tourism WA is not responsible or liable in any way for the success or otherwise of the Project or for any losses suffered by the Shire of Broome in undertaking the Project.  The Shire of Broome releases Tourism WA from all liability in relation to one or more of the Project, this Agreement and any related matter and agrees that neither it nor any related body corporate will make a claim against Tourism WA or any of Tourism WA’s Associates arising directly or indirectly in relation to one or more of the Project, this Agreement and any related matter.  This clause 10 may be pleaded by Tourism WA or its Associates as a bar to any proceedings commenced by the Shire of Broome against Tourism WA or its Associates in relation to one or more of the Project, this Agreement and any related matter.

10.2    If the Funding (and any interest which accrues on the Funding) is insufficient for the Shire of Broome to properly fulfil all of its Obligations, then the Shire of Broome must still fulfil its Obligations at its own cost.

10.3    The Shire of Broome must indemnify Tourism WA and must keep it indemnified and hold it and its officers, employees and agents harmless from and against all loss, damage, claims liability, suffered or incurred by or brought against Tourism WA or any of its respective officers, employees and agents whether before or after the date of this Agreement caused by, arising out of or relating directly or indirectly to any:

(a)     breach of any Obligation by the Shire of Broome;

(b)    act or omission of the Shire of Broome, or its employees, contractors, officers or agents; or

(c)     breach of a Law of the Shire of Broome or any of its employees, contractors, officers or agents.

10.4    This clause 10 survives the termination of this Agreement.

11.       FREEDOM OF INFORMATION ACT 1992 AND FINANCIAL MANAGEMENT ACT 2006

11.1    The Shire of Broome acknowledges and agrees that this Agreement and information regarding it is subject to the Freedom of Information Act 1992 and that Tourism WA may publicly disclose information in relation to this Agreement, including its terms and the details of the Shire of Broome.

11.2    The Parties acknowledge and agree that, despite any provision of this Agreement to the contrary, the powers and responsibilities of the Auditor General under the Auditor General Act 2006 and the Financial Management Act 2006 are not limited or affected by this Agreement.

11.3    The Shire of Broome must allow the Auditor General, or an authorised representative, to have access to and examine the Shire of Broome’s records and information concerning this Agreement.

12.       NOTICES

Any notice request, direction or other communication that may or must be given under this Agreement:

(a)        must be in writing;

(b)        may be given by an authorised officer of the Party giving notice;

(c)        must be:

i.    hand delivered or sent by prepaid post to the address of the Party receiving the notice as set out in clause 12(f); or

ii.   sent by electronic mail transmission to the email address of the Party receiving the notice as set out in clause 12(f);

(d)        subject to clause 12(e), is taken to be received:

i.    in the case of hand delivery, on the date of delivery;

ii.   in the case of post, on the third Business Day after posting;

iii.  in the case of electronic mail transmission on receipt of the whole of the Notice in the “in-box” on the date of transmission; and

(e)        if received after 5.00 pm or on a day other than a Business Day, is taken to be received on the next Business Day.

(f)         Notice Addresses:

i.    Tourism WA

      Registered Mail:            GPO Box X2261, Perth WA 6847

      Email:                              contractnotices@westernaustralia.com

ii.   Shire of Broome           

Registered Mail:            PO Box 44, Broome WA 6725          

Email:                              shire@broome.wa.gov.au    

13.       DEFAULT AND TERMINATION

13.1    Event of Default by the Shire of Broome

An Event of Default occurs if:

(a)        The Shire of Broome breaches any of its Obligations, which (if remediable) continues without remedy for ten (10) Business Days after notice in writing has been served on the Shire of Broome subject to the Event of Default by Tourism WA.  This subclause does not limit any other part of this clause 13.1 in any way; or

(b)        The Shire of Broome breaches any Obligation of this Agreement and such breach cannot be remedied.  This subclause does not limit any other part of this clause 13.1 in any way; or

(c)        The Shire of Broome fails to comply with or meet a Milestone, an Additional/New Milestone or any other milestone set by Tourism WA in accordance with this Agreement; or

(d)        The Shire of Broome suffers, or is or becomes subject to, an Insolvency Event; or

(e)        Tourism WA believes, in its absolute discretion, that the Shire of Broome is unwilling or unable to comply with any one or more of the Obligations; or

(f)         The Shire of Broome repudiates the Agreement; or

(g)        a material warranty given by or representation made by the Shire of Broome is or becomes untrue; or

(h)        The Shire of Broome makes a notification to Tourism WA of the type set out in clause 6.3; or

(i)         The Shire of Broome fails to comply with clause 8.9; or

(j)         The Shire of Broome fails to comply with any aspect of this Agreement is or is held to be void, unenforceable, or invalid for whatever reason; or

(k)        The Shire of Broome persistently, regularly, consistently or continually breaches the Obligations.  This subclause does not limit any other part of this clause 13.1 in any way; or

(l)         where this Agreement provides for or contemplates the Parties reaching further agreement in relation to either or both of this Agreement and the Project, such further agreement is not reached and recorded in writing within a reasonable time.

13.2    Effect of Event of Default

(a)        If an Event of Default occurs, Tourism WA may terminate the Agreement by providing notice in writing to the Shire of Broome and the Agreement is then terminated from the date specified in that notice.

(b)        Without limiting Tourism WA’s rights under clause 13.2(a), if the Shire of Broome is in breach of this Agreement, Tourism WA may suspend the performance of its Obligations until such time as it is satisfied in its absolute discretion that the Party has remedied that breach.

(c)        Tourism WA may terminate the Agreement by providing notice in writing to the Shire of Broome if, in the opinion of Tourism WA exercisable in its absolute discretion, the Project is no longer necessary for any reason and the Agreement is then terminated from the date specified in that notice, although in this instance only, clause 13.3(c) of this Agreement does not apply.

(d)        If Tourism WA terminates this Agreement in accordance with this clause 13.2 or otherwise, or this Agreement otherwise comes to an end clauses 4, 6.3, 8.4, 8.5, 8.6, 8.7, 8.8, 8.9, 9, 10, 11, 12, 13.3 and 17 will survive termination of this Agreement.

For the avoidance of doubt, this sub-clause 13.2(d) does not set out an exhaustive list of clauses, rights and obligations that will survive termination and any other clauses, rights and obligations that survive at common law are also intended by the Parties to, and do, survive the termination of this Agreement.

13.3    No Further Funding and Recovery of Funding

If this Agreement is terminated under clause 13.2, or terminated unlawfully by the Shire of Broome:

(a)        Tourism WA has no further obligation to pay the Shire of Broome any part of the Funding which has not yet been paid to the Shire of Broome;

(b)        The Shire of Broome must remit to Tourism WA within twenty (20) Business Days from the date of termination all Funding paid to the Shire of Broome under the Agreement that has not been spent or committed in accordance with this Agreement by the date of termination and any interest which has accrued on that Funding; and

(c)        Subject to clause 13.2(c), if requested by Tourism WA in writing, the Shire of Broome must remit to Tourism WA within twenty (20) Business Days from the date of Tourism WA’s request all Funding paid to the Shire of Broome under the Agreement that has been spent or committed and any interest which has accrued on that Funding.  If Tourism WA only requests the Shire of Broome to remit part of those monies, the Shire of Broome must remit that part of those monies within twenty (20) Business Days from the date of Tourism WA’s request.

14.       ENTIRE AGREEMENT

This Agreement constitutes the entire, full and complete understanding and agreement between the Parties in relation to its subject matter and supersedes all prior communications, negotiations, arrangements and agreements between the Parties with respect to the subject matter of this Agreement.

15.       VARIATION

Any modification, amendment or other variation to this Agreement must be made in writing, and must, unless Tourism WA in its absolute discretion directs in writing otherwise, be duly executed by both Parties.

16.       GOODS AND SERVICES TAX (GST)

16.1    For the purposes of this Agreement, including this clause 16 the terms “GST”, “registered”, “supply”, “tax invoice” and “taxable supply” have the same meanings as in the GST Act.

16.2    Subject to clause 16.3 below, if GST is or becomes payable by a Party (Supplier) in relation to any supply that it makes under, in connection with, or resulting from, this Agreement, then (unless consideration for that supply is expressly stated to include GST) in addition to any consideration provided by a Party (Supplied Party) for that supply, the Supplied Party must pay to the Supplier the amount of any GST for which the Supplier is liable in relation to that supply (Additional Amount) at the same time as the relevant consideration of any part of it is provided.

16.3    Subject to clause 16.5 below, the obligation in clause 16.2 above to pay the Additional Amount only arises once the Supplier has issued a tax invoice to the Supplied Party in respect of the Additional Amount.

16.4    If the Funding is consideration for the supply of anything under, in connection with, or resulting from, this Agreement which is a taxable supply under the GST Act, the Funding is exclusive of GST.

16.5    If the Funding is consideration for the supply for anything under, in connection with, or resulting from, this Agreement which is a taxable supply under the GST Act:

(a)        the Shire of Broome warrants that it is registered for GST and will notify Tourism WA as soon as practicable of any change to the Shire of Broome registration;

(b)        Tourism WA warrants that it is registered for GST and will notify the Shire of Broome as soon as practicable of any change to Tourism WA’s registration.

17.       INTELLECTUAL PROPERTY

17.1    All IPR in any material which is produced by or on behalf of a Party during the Term and any variation of such material vests in that Party on creation.

17.2    Each Party acknowledges and agrees that it:

(a)        has no right, title or interest in any of the other Party's trademarks or logos, except to use those trademarks or logos as provided for in this Agreement;

(b)        shall not take action to the detriment of the rights or interest of the other Party in their trademarks or logos during the Term; and

(c)        shall not cause, influence, assist or procure in any manner whatsoever any other person or entity either during or after the Term to assert the invalidity of, or contest the other Party's trademarks or logos without the other Party's prior written approval.

18.       CONFIDENTIAL INFORMATION

18.1    Each Party must keep confidential information of the other Party ("Confidential Information") acquired by it or by virtue of, or in connection with, this Agreement both during and after the Term.

18.2    Each Party must not:

(a)        directly or indirectly make or allow, permit or suffer anybody else to make use of, other than for the purposes of this Agreement, the Confidential Information; and

(b)        disclose to any other person the Confidential Information, other than those of its employees, officers, agents, auditors and legal, business and financial advisers who legitimately and reasonably require such Confidential Information in order to properly discharge the duties:

i)      they were employed or engaged to discharge; and

ii)     which they would ordinarily and reasonably be expected to discharge on account of such employment or engagement.

18.3    The preceding provisions of this clause 18 do not apply to a Party if:

(a)        it is required to disclose the Confidential Information under any Law in operation in Australia;

(b)        in the case of Tourism WA it is required to disclose the Confidential Information by virtue of a request or an order or direction given to it by or on the part of any Minister or the government of the State or the Parliament of the State or any committee or subcommittee of that parliament; or

(c)        the Parties agree in writing to disclose the Confidential Information.

18.4    Each Party will ensure that its officers, employees, agents and auditors comply with the preceding provisions of this clause 18 (subject to any exceptions therein).

19.       CONFLICT OF INTEREST

If a conflict of interest arises in respect of a Party, that Party must:

(a)        promptly notify the other Party that the conflict has arisen and provide full details; and

(b)        take reasonable steps in consultation with the other Party to agree on the strategy or strategies to be implemented to manage and or resolve the conflict.


 

20.       WAIVER

20.1    No right under this Agreement shall be deemed to be waived except by notice in writing signed by both Parties.

20.2    A waiver by either Party will not prejudice that Party’s rights in relation to any further breach of this Agreement by the other Party.

20.3    Any failure to enforce any part of this Agreement, or any forbearance, delay or indulgence granted by one Party to the other Party, will not be construed as a waiver of any rights under this Agreement or under any Law.

21.       ASSIGNMENT

21.1    The Shire of Broome must not, without the prior written consent of Tourism WA (which consent may be withheld in its sole discretion), sell, transfer, assign or otherwise dispose of, or part with, or attempt or agree to sell, transfer, assign or otherwise dispose of, or part with, any of its rights, entitlements or Obligations under, or interest in, this Agreement.  Tourism WA may at any time, in its absolute discretion, assign or transfer its rights and Obligations under this Agreement as it sees fit.

21.2    In considering whether to provide consent under clause 21 Tourism WA may require the Shire of Broome to produce to Tourism WA such information and documents in relation to the expertise, experience, creditworthiness and business standing of the proposed purchaser, transferee, assignee, or recipient of the Shire of Broome’s rights, entitlements or Obligations under, or interest in, this Agreement (as the case may be) as it considers appropriate.

22.       GOVERNING LAW

This Agreement is governed by the laws in force in Western Australia.  Each Party irrevocably submits unconditionally to the non-exclusive jurisdiction of the Courts of Western Australia and of all Courts competent to hear appeals therefrom in relation to any legal action, suit or proceeding arising out of or with respect to the Agreement.

23.       ACCESS TO LAND

If the Project is being undertaken on land (whether freehold or Crown land) that is not owned, leased or managed by the Shire of Broome, the Shire of Broome must obtain and have in place for the duration of this Agreement the written consent of the person owning or leasing that land to undertake the Project on that land.

24.       SCHEDULES

24.1    Any express or implied provision of any Schedule to this Agreement is hereby deemed to be a provision of this Agreement and therefore must be complied with (by the relevant Party) in accordance with its terms.

24.2    Without limiting the preceding provisions of this clause 24, the Shire of Broome agrees to comply with the Special Conditions, if any.


 

25.       EXECUTION

Executed as an Agreement.

SIGNED for and on behalf of the WESTERN AUSTRALIAN TOURISM COMMISSION by a duly authorised signatory:

 

Gwyn Dolphin

A/Chief Executive Officer

Western Australian Tourism Commission

 

Date

In the presence of:

 

Witness signature

Witness name

Date

 

 

 

 

 

SIGNED for and on behalf of the SHIRE OF BROOME by a duly authorised signatory:

 

Sam Mastrolembo

Acting Chief Executive Officer

Shire of Broome

 

Date

In the presence of:

 

Witness signature

Witness name

Date

 


 

SCHEDULE ONE

GRANT (PROJECT) DETAILS

 

Shire of Broome Contact Details

Item 1

Name

 Shire of Broome

Address

PO Box 44 Broome 6725

Contact Name

Sam Mastrolembo

Email

Sam.mastrolembo@broome.wa.gov.au

Phone

(08) 9191 3456

Item 2

Name of the Grant (Project)

Chinatown Cultural Interpretive Centre Feasibility Study

Item 3

Grant (Project) Details

Funding will deliver the Chinatown Cultural Interpretive Centre feasibility investigation comprising stakeholder engagement, demand analysis and benchmarking study.

Related activity (out of scope) comprises Concept design and Business Case development for the proposed Centre.

Item 4

Termination Date

30 September 2018.

Item 5

Grant (Project) Funding Details

Total Funding of $100,000 (+ GST) from TDDI funds will be made available as follows:

$33,000 (+ GST) in the 2016/17 financial year

$67,000 (+GST) in the 2017/18 financial year

Project works will be completed by 30 June 2018.

Funding will be made as per milestones detailed in Schedule Three.

Item 6

Total Grant (Project) Funding Amount

$100,000 excluding GST

 

 


 

SCHEDULE TWO

PROJECT BUDGET

 

 

 

Table One

Item of Expenditure

Amount $

Source of Funds

Tourism WA (TDDI)

Shire of Broome           (RfR provided funds held on behalf of the Chinatown    Revitalisation Project) *

Chinatown Cultural Interpretive Centre

 1. Feasibility Study (in scope)

2. Concept Design (out of scope)

3. Business Case (out of scope)

$850,000

$100,000

$750.000

Total Budget (ex GST)

$850,000

$100,000

$750,000

 

 

*The Parties acknowledge that the Shire of Broome recipient funding is subject to the terms and conditions set out in the Financial Assistance Agreement between the State Government and the Shire of Broome dated 24 June 2016.

SCHEDULE THREE

PROJECT MILESTONES

 

 

Obligations (Deliverables)

Milestone

A

Appointment of a consultant to undertake feasibility study

$33,000 from the TDDI allocation by June 30 2017.

B

Completion of the feasibility study

$67,000 from 2017/18 TDDI allocation will be paid upon receipt of a copy of the Final Feasibility Study, deemed satisfactory by the CRPSC.

Payment will be made by 30 June 2018.

Completion of the Project related to TDDI funding, including all of the Obligations

By 30 September 2018

 


SCHEDULE FOUR

SPECIAL CONDITIONS OF GRANT

Item 1            Reporting Requirements

2.1       The Shire of Broome must provide Tourism WA with progress reports annually. 

2.2       Tourism WA intends to provide relevant templates to assist the Shire of Broome in completing its reporting Obligations.

2.3       If annual financial and project reports are required, these should be submitted within three (3) months after the end of the financial year to which the annual report relates.

2.4       Within three (3) months after completion of the Project the Shire of Broome must provide Tourism WA with the following reports:

(a)        Final Report that shows precisely how the Grant Funds were spent and the extent to which Project outcomes were achieved, which should include the information set out in 2.7 (Final Report).  The Final Report should be supported with photographs/details/maps.

(b)        Statement of Income and Expenditure that shows receipts and payments related to this Agreement.  The Statement of Income and Expenditure is to include any interest accrued on the funding and confirming the amount of funding spent which should include the information set out in 2.6 (Income and Expenditure).

2.5       The reports must be certified by the Chief Financial Officer or Accountable Officers of the Shire of Broome.

2.6       The above reports must be accurate, comprehensive, sufficiently detailed, up-to-date and in no way misleading or deceptive.

2.7       The information listed below is indicative of the information requested by Tourism WA and may be varied from time to time in its absolute discretion.

            

             Final Report

(a)        Describe what the Parties set out to achieve as part of the Project(s).

(b)        To what degree has Shire of Broome achieved objectives in fulfilling its Obligations.

(c)        Outline the target milestones for the reporting period.

(d)        Outline the actual achievement or outcomes for the reporting period.

(e)        Provide an explanation of variances between target and actual achievements, including reasons why milestones were not achieved, impediments encountered, action taken to overcome these and potential future impediments (if any).

(f)         Provide details outlining what the Funding received has been spent on.

(g)        Local Suppliers – provide details of all services delivered by local businesses within the Project(s) region.  Including the percentage of grant funding that was spent on procuring services from local businesses within the region. 

(h)        Provide copies of contracts entered into between the Shire of Broome and any other party in relation to the Project, including third party agreements.

Income and Expenditure

(a)        Total funding for the project.

(b)        Initial estimated cost of the Project.

(c)        Amount of interest earned on the Funding and on any income generated by the Project.

(d)        Total amount of Leveraged Funding from other sources.

(e)        Actual payments to date.  Provide details of all expenditure related to your Project(s) (refer to Schedule 2 of your Grant Agreement), and detail final expenditure for each item.

(f)         Total cost to complete the Project, including cash and in-kind contributions.

(g)        Explanation of budget variances – what was the extent of variations from the original budget (if any).

(h)        Attach all supporting documentation to the Income and Expenditure report.  This will include invoices relating to the Project(s), and additionally may include photographs, media statements, evaluation reports or references.


Item 9.3.1 - CHINATOWN REVITALISATION PROJECT - CULTURAL & INTERPRETIVE CENTRE FEASIBILITY PROJECT

 

 

Report [Cover].jpgChinatown Revitalisation - Governance 
Terms of Reference – November 2016 (revised)
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Chinatown Revitalisation

Governance Terms of Reference

 

·               Contents

 

Background and Introduction.. 3

 

The Governance Model 4

 

The Chinatown Steering Committee.. 5

 

The Project Control Group.. 6

 

The Cultural Interpretive Centre Working Group.. 8

 

The Chinatown Stakeholder and Community Reference Group.. 10

 

 

 

 

 

 

 

 

 

 

 


Background and Introduction

 

The Shire of Broome, Kimberley Development Commission and LandCorp have entered into a Memorandum of Understanding (MOU) to undertake joint projects together. 

 

The first such significant capital project is the revitalisation of Chinatown.

 

This document outlines the agreed governance model for this joint project and the terms of reference for the governance bodies established.

 

This document builds on the Business Case and preliminary project planning which has been prepared to unlock the State Government funding for this project. 

 

Below is an extract of from the Business Case (section 3.3 Project Governance) providing reference to the Project Governance: 

 

BUSINESS CASE SECTION 3.3. Project Governance

 

The ultimate purpose of the application of $10m to Chinatown is to act as a stimulus for the reinvigoration of the area and as an attractor for other investors to participate in its future.

To ensure that the initial funding is appropriately managed and that other investors are continually lured into the project, a "Governance Structure" has been agreed. This builds on an existing MoU between the three parties. In summary, the structure proposed is:

 

A Project Steering Committee (comprising CEO's of Shire of Broome, Kimberley

Development Commission and LandCorp's Regional Manager Northern and Goldfields Regions) with final authority and responsibility for all aspects of the program. The Shire of Broome will report to the Department of Regional Development on behalf of the three organisations.

 

A Project Control Group comprising one senior staff member from each of the same three organisations, reporting to the Project Steering Committee. This group will have responsibility for managing implementation of the overall program and the individual projects that comprise the revitalisation business case.

 

Project Leads (Manager) for each individual project. Each individual project will have a nominated Lead. The project lead will be the first contact point, oversee each project and report to the Project Control Group. The project leads will be divided between LandCorp who will undertake the feasibility projects and the Shire of Broome for the construction and place based projects.

 

A Stakeholder and Community Reference Group has been established with community members appointed to provide input and community feedback into each project.

 

 

 


The Governance Model

 

The following diagram represents the governance model:

 


The Chinatown Steering Committee

 

Membership

 

 

 

Proxies

 

Chairperson

 

-

 

 

 

 

 

 

 

Chief Executive Officer – Shire of Broome

Chief Executive Officer – Kimberley Development Commission

Regional Manager Northern and Goldfields Regions– LandCorp

 

Each member may delegate a proxy to attend in their place providing the Chairperson is advised in writing or by email.

 

CEO  Shire of Broome.

Meeting Schedule

-

Monthly or more frequently as required.

 

Meeting Location

-

Meetings will normally be held at the Shire of Broome. Meetings may be held at other locations by mutual agreement. Members may participate by tele or video conference.

 

Secretariat  

-     -

The Secretariat functions will be provided by the consultant Project Director or LandCorp.

Quorum

-

Three Members

Purpose

 

The Steering Committee’s role and responsibility is:

 

 

 

 

- To ensure the effective and efficient implementation of the approved projects;

- To approve and manage the individual project plans as they are developed by the Project Director and Project Control Group, identifying any required milestones, dependencies or gateway reviews tied to funding;

- To provide governance oversight and approval of milestone reporting to the Department of Regional Development as specified in the funding agreement.

- 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;

- Should any project fail to proceed for any reason or be deemed to have encountered a fatal flaw, to act as the approving authority to redistribute funds between existing projects and/or to elevate the next most appropriate project into the funded process;

- To determine the optimal method of delivery in relation to the projects within the Business Case in recognition of the skills and resources of each project partner

- To actively foster the involvement of other leveraged funds and private investment into the Chinatown project;

- To incorporate into the project additional funds as they are activated and prioritise the use of such funds;

- To ensure that the key stakeholders of Chinatown are informed of the progress of the overall project, specific approved projects and engage them in the economic and social activation of Chinatown ; and

- To approve the community engagement plans and communication plans and protocols.


The Project Control Group

 

Membership

 

 

 

 

 

 

 

 

Proxies

 

 

Chairperson

 

-

 

 

 

 

 

 

 

Deputy Chief Executive Officer – Shire of Broome

Director Regional Planning and Project Delivery – Kimberley Development Commission

Senior Development Manager– LandCorp

 

Representatives from member organisations or consultants can attend as required.

 

 

Each member may delegate a proxy to attend in their place providing the Chairperson is advised.

 

Senior Development Manager– LandCorp

The Chairperson  is to ensure that Minutes of the Meeting are kept of the meetings proceedings. The minutes will be prepared by the consultant Project Director.

 

Meeting Schedule

 

-

Monthly or more frequently as required.

 

Meeting Location

 

-

Meetings will normally be held at the Shire of Broome. Meetings may be held at other locations by mutual agreement. Members may participate by tele or video.

 

Secretariat  

-     -

 The Secretariat functions will be provided by the consultant Project Director  or LandCorp.

 

Quorum

-

Three Members

 

Purpose

-

The Project Control Group’s role and responsibility is to address and direct all elements of the delivery of the project, including:

 

 

 

 

- Ensure the agreed projects and actions of the Steering Committee are implemented on time and budget and monitoring of all associated project parameters.

- Stakeholder Engagement with input from Project Director / Director , project team consultants (as required) and Chinatown Community Reference Group

- Provide input and recommendations to the Project Steering Committee regarding Project structuring and resourcing and recommend approval of appointments (such as consultants).

- Establish detailed project plans in consultation with the Project Director and Project consultants to initiate and direct the approved projects, and provide recommendations to the Project Steering Committee for expenditure against an approved budget and cash flow.

- Direct and support the Project Director and project  consultants  within the approved project packages.

- To review detailed project activities, programme status, status of key deliverables against milestones and project costs, etc.

- Provide updates on project status and discuss critical issues and critical decisions to be made to provide qualified recommendations to the Project Steering Committee.

- Provide recommendations to Steering Committee for approval of material variations (time and or cost) that may arise as recommended by the Project Director and project team consultants

- Receive and analyse reports and draft milestone progress reports to DRD from the Project Director and make recommendations on decisions to the Project Steering Committee as required to meet the programme and project objectives.

- Keep relevant major Stakeholders informed on project status, potential risks and enact remedial strategies to any problematic matters.

- Operate in an open and transparent manner with all direct project stakeholders.

- Provide recommendation to Project Steering Committee and agree on communications protocols and plans  and the community engagement plan for each project.

Delegated Authority

 

- The Chinatown Steering Committee has delegated to LandCorp the authority to pay consultancy invoices on the following basis:

1.   The invoices are in accordance with the consultant’s contract and agreed milestones.

2.   The PCG/CCWG has not raised concern about the quality or timeliness of the work undertaken by the consultant.  If concern has been raised then the invoice is to be referred to the PCG who may approve or not payment of the invoice.

 


The Cultural Interpretive Centre Working Group

 

Membership

 

 

 

 

 

-

 

 

 

 

 

Chief Executive Officer – Nyamba  Buru Yawuru

Chief Executive Officer – Shire of Broome

Chief Executive Officer – Kimberley Development Commission

Regional Manager Northern and Goldfields Regions– LandCorp

Director Destination Development and Projects – Tourism WA

Nominee of WA Museum

Other members as appointed by the Chinatown Steering Committee

 

Proxies

-

Representatives from member organisations and consultants can attend as required.

 

Chairperson

-

Chief Executive Officer – Nyamba Buru Yawuru

 

Meeting Schedule

 

-

Monthly or more frequently as required.

 

Meeting Location

 

-

Meetings will normally be held at the Shire of Broome. Meetings may be held at other locations by mutual agreement. Members may participate by tele or video conference.

 

Secretariat  

-     -

The Secretariat functions will be provided by the Project Director.

 

Quorum

-

Three Members

 

Purpose

 

The Cultural Centre Working Group’s role and responsibility is to address and direct all elements of the delivery of the Cultural Centre Feasibility Study including:

 

 

- Ensure the agreed actions of the Steering Committee are implemented on time and budget and monitoring of all associated feasibility study parameters.

- Stakeholder Engagement with input from Project Director, project team and consultants (as required) and Chinatown Stakeholder and Community Reference Group

- Provide input and recommendations to the Project Steering Committee regarding the feasibility study structuring and resourcing and recommend approval of appointments (such as consultants).

- Establish detailed project plans in consultation with the Project Director and Project consultants.

- Initiate and direct the Cultural Centre Feasibility Study and provide recommendations to the Project Steering Committee for expenditure against an approved budget and cash flow.

- Direct and support the Project Director and consultants within the approved project plan.

- To review detailed feasibility study activities, programme status, status of key deliverables against milestones and project costs, etc.

- Provide updates on status of the feasibility study and discuss critical issues and critical decisions to be made by providing recommendations to the Steering Committee.

- Provide recommendations to the Steering Committee for approval of material variations (time and/or cost) that may arise as recommended by the Project Director and consultants

- Receive and analyse draft milestone progress reports for DRD and other reports from the Project Director and make recommendations on decisions to the Project Steering Committee as required to meet the programme and project objectives.

- Keep relevant major stakeholders informed on status of the feasibility study, potential risks and enact remedial strategies to any problematic matters.

- Operate in an open and transparent manner with all direct project stakeholders.

- Provide recommendations to Project Steering Committee on communications protocols and plans and the community engagement plan.

 


The Chinatown Stakeholder and Community Reference Group

 

The establishment of the Chinatown Stakeholder and Community Reference Group was resolved by Council on 27 August 2015. Nominations for membership were subsequently advertised and appointments to the group were considered and made by Council in the November 2015.

 

Membership

 

 

 

 

 

 

Observers

 

 

Proxies

 

 

Chairperson

 

Minutes

 

-

 

 

 

 

 

 

 

1 x Councillors ( 1 x Deputy) Shire of Broome

1 x Representatives Yawuru

1 x Representative Broome Chamber of Commerce and Industry

1 x Representative Chinatown Traders

2 x Representatives of Landowners in Chinatown

4 x Community Representatives

 

Members of the Steering Committee, Project Control Group and appointed project consultants may attend and participate in meetings.

 

Each member may delegate a proxy to attend in their place providing it is done in writing or by email to the Chairperson.

 

Councillor of the Shire of Broome to be Chairperson.  Chairperson is to be elected at the first meeting. 

The person presiding is to ensure that Minutes of the Meeting are kept of the meeting’s proceedings.

 

Responsible Officer

-

Deputy Chief Executive Officer, Shire of Broome.

Meeting Schedule

-

Bi - Monthly or more frequently as required.

Meeting Location

-

Function or Committee Room, Shire of Broome

 

Secretariat  

-     -

The Secretariat functions will be provided by the Shire of Broome.

 

Quorum

-

Six members (including one Councilor of the Shire of Broome)

Delegated Authority

-

Nil

 

Purpose

 

 

-

 

The purpose of the Community Reference Group is as follows:

 

 

 

 

 

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

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

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

 

 


Minutes – Ordinary Meeting of Council 15 December 2016                                                         Page 538 of 539

 

9.3.2      TRADING IN PUBLIC PLACES POLICY

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           LAW016

AUTHOR:                                                   Manager Emergency, Health and Ranger Services

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director Development Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    22 November 2016

 

SUMMARY:         Shire of Broome Policies 4.2.12 Trading in Public Places, 4.5.1 Commercial Camel Activities on Cable Beach and 4.5.3 Commercial Activities on Cable Beach all regulate activities undertaken with a trading licence obtained in accordance with the Trading, Outdoor Dining and Street Entertainment Local Law 2003

At the 28 July 2016 Ordinary Meeting of Council it was resolved to seek public comment on a draft Trading in Public Places Policy. If adopted this policy will replace the existing three policies with a single policy.

Council’s resolution was actioned by officers and all submissions have been considered. As a result of the submissions one change is recommended to the draft policy.

The purpose of this report is for Council to consider rescinding the three current policies and to adopt the proposed new Trading in Public Places Policy.

 

 

BACKGROUND

 

Previous Considerations

 

Policy 4.2.12 – Trading in Public Places

OMC 2 August 2010                      Item 9.3.2

OMC 15 December 2010            Item 9.3.10

OMC 15 March 2012                    Item 9.4.5

OMC 27 March 2014                    Item 9.4.5

OMC 17 December 2015            Item 9.4.3

OMC 28 July 2016                          Item 9.1.2

 

Policy 4.5.1 – Commercial Camel Activities on Cable Beach

OMC 14 February 2008                Item 9.2.1

OMC 19 March 2009                    Item 9.1.3

OMC 20 June 2013                        Item 9.2.9

OMC 27 March 2014                    Item 9.4.5

OMC 17 December 2015            Item 9.4.3

OMC 28 July 2016                          Item 9.1.2

 

Policy 4.5.3 – Commercial Activities on Cable Beach

OMC 14 February 2008                Item 9.2.1

OMC 19 March 2009                    Item 9.1.3

OMC 27 March 2014                    Item 9.4.5

OMC 17 December 2015            Item 9.4.3

OMC 28 July 2016                          Item 9.1.2

 

Proposed Trading in Public Places Policy

OMC 28 July 2016                     Item  9.1.2

 

At the December 2010 Ordinary Meeting of Council (OMC) a resolution to adopt the Trading in Public Places Policy (Trading Policy) was passed.  The need for a trading policy to support the Trading, Outdoor Dining and Street Entertainment Local Law (Trading Local Law) arose due to concerns raised about the appropriateness of a trading activity occurring at the Broome Cemetery.  The Trading Policy was reviewed but left unchanged at the OMC on 15 March 2012 and 27 March 2014.  The Trading Policy was reviewed with only an officer’s position title amended at the 17 December 2015 OMC.  It was also noted at the 17 December 2015 OMC that the Trading Policy required further review.

 

At the OMC on 21 December 2006, Council resolved to rescind the Commercial and Tourism Activities on Cable Beach Policy due to a State Administrative Tribunal (SAT) ruling in relation to a provision of the policy applying to the setting of fees.  As a result, Council Officers developed two new policies, the Commercial Camel Activities on Cable Beach Policy (Camel Policy) and the Commercial Activities on Cable Beach Policy (Cable Beach Policy), which were adopted by Council at its February 2008 OMC.

 

The Camel Policy was reviewed but left unchanged at the OMC on 19 March 2009 and 27 March 2014.  The Camel Policy was reviewed and amended at the OMC on 20 June 2013 to update the policy prior to the expiry of the existing trading licences for the commercial camel activities at that time.  The Camel Policy was reviewed and amended to increase the number of camels each licensee can have on the beach at any one time from 16 to 18 at the 17 December 2015 OMC.  It was also noted at the 17 December 2015 OMC that the Camel Policy required a further full review.

 

The Cable Beach Policy was reviewed but left unchanged at the OMC on 19 March 2009 and 27 March 2014.  At the 17 December 2015 OMC it was noted that the Cable Beach Policy was undergoing a separate review, with the results of this review to be presented to Council if amendments were considered to be required.

 

At the 28 July 2016 OMC Council resolved to seek public comment on a proposed new Trading in Public Places policy (Proposed Policy). The new policy will replace the existing three policies: Policy 4.2.12 – Trading in Public Places, Policy 4.5.1 – Commercial Camel Activities on Cable Beach and Policy 4.5.3 – Commercial l Activities on Cable Beach.

 

The Proposed Policy was advertised for 42 days and letters were sent to all existing licence holders under the Trading, Outdoor Dining and Street Entertainment Local Law 2003 (Local Law).

 

Two submissions were received.  Both parties are current holders of licences to trade on Cable Beach. A schedule of submissions has been attached (Attachment 2) that provides an overview of each submission and officer comments in response.

 

COMMENT

 

Council officers have reviewed the submissions received on the Proposed Policy.  In response to one of the submissions, it is recommended that an amendment to the Proposed Policy be made.

 

The Proposed Policy supports the operation of the Local Law by providing additional information and controls in relation to the issuing of trading licences under the Local Law.  Combining the current three policies into a single policy allows for less complexity and the easier administration of the relevant provisions of the Local Law.  

 

There was a significant amount of overlap between the three policies also identified.  This is another reason why it is proposed that all three policies be replaced with the Proposed Policy, which includes provisions specific to commercial activities on Cable Beach and commercial camel activities in Schedules 1 and 2 of the Policy.  The Proposed Policy is included as Attachment 1 to this report.

 

Of the two submissions received one concerned the tenure of camel licences. This submitter requested the removal of the words “a maximum period of” in Schedule 2 of the Proposed Policy.   Removing “a maximum period of” would mean that the Proposed Policy states that Council will issue camel licences for 10 years rather than for up to 10 years.  To provide greater certainty in relation to the investment required to operate a commercial camel activity, this request was supported by officers and the Proposed Policy as attached reflects this change.

 

A detailed submission was received from the only operating non-camel activity trading licence owner. Shire officers have considered this submission and provided comments in response in Attachment 2 to this report.  No changes to the Proposed Policy are recommended in response to this second submission.

 

Overall, the Proposed Policy is considered a desirable way to continue to support the operation of the Local Law, removing the duplication and complexity associated with the existing three policies.  Therefore, it is recommended that Council adopt the Proposed Policy and repeal the existing policies it replaces.

 

CONSULTATION

 

The Proposed Policy was advertised for public comment between 11 August 2016 and 23 September 2016. Advertisements were placed in the West Australian, Broome Advertiser, Shire website and Shire noticeboards. Two submissions were received.

 

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.

 

Trading, Outdoor Dining and Street Entertainment Local law 2003

 

2.3     Determination of application

 

2.3.2           The local government may refuse to approve an application for a licence, where:

(d)    a policy of the local government adopted by the Council relates to that application and the policy provides that the application is not to be approved;

 

2.3.3           Where the local government approves an application for a licence, it may approve the application subject to conditions by reference to any policy of the local government adopted by the Council which contains conditions subject to which an application for a licence may be approved.

 

1.2     Prohibition

 

5.2.1  A person shall not carry on trading:

(a)         unless that person is the holder of a valid trading licence or is an assistant specified in a valid trading licence; and

(b)     otherwise than in accordance with:

(i)         the terms and conditions of the licence; and

(ii)        the provisions of this local law.

 

5.2.3  Where the local government has made a policy setting out the criteria upon which persons are exempted or may be exempted from holding a valid trading licence when carrying on trading in any public place, then subclause 5.2.1 will not apply to any person carrying on trading in any public place in accordance with the policy.

 

POLICY IMPLICATIONS

 

Should the Proposed Policy be adopted by Council, the following existing policies will need to be repealed:

·     Policy 4.2.12 Trading in Public Places;

·     Policy 4.5.1 Commercial Camel Activities on Cable Beach; and

·     Policy 4.5.3 Commercial Activities on Cable Beach.

 

FINANCIAL IMPLICATIONS

 

Nil.

 

RISK

 

The inclusion of greater flexibility in the Proposed Policy may potentially give rise to a greater risk of legal challenge by applicants and licence holders in the State Administrative Tribunal.  However, the overall risk is considered to be Low given the Policy still provides Council with adequate oversight and control of trading activities.

 

In addition, any risk is considered to be outweighed by the benefits that could flow to the Shire from increased economic development and liveability outcomes arising from the flexibility in the Proposed Policy.

 

STRATEGIC IMPLICATIONS 

 

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

 

Effective communication

 

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:

 

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:

1.    Adopts the Trading in Public Places Policy as shown in Attachment 1:

2.    Repeals Policy 4.2.12 – Trading in Public Places;

3.    Repeals Policy 4.5.1 – Commercial Camel Activities on Cable Beach; and

4.    Repeals Policy 4.5.3 – Commercial Activities on Cable Beach.

 

Council Resolution:

Moved: Cr C Mitchell                                              Seconded: Cr M Fairborn

That Council:

1.      Adopts the Trading in Public Places Policy as shown in Attachment 1, subject to:

(a) The inclusion of an additional clause under the heading “Requirements for commercial camel activities” in Schedule 2 of the Policy which states:

“No commercial camel activities can be undertaken on Cable Beach between 10am and 2.30pm, unless otherwise approved by the Shire for extraordinary circumstances e.g. cruise ships and corporate/conference functions.  Any request to conduct commercial camel activities in between 10am and 2.30pm must be made in writing, and if approved will be for a maximum period of two hours between 10am and 2.30pm.”; and

(b) The renumbering of the remaining clauses in Schedule 2 of the Policy accordingly;

2.      Repeals Policy 4.2.12 – Trading in Public Places;

3.      Repeals Policy 4.5.1 – Commercial Camel Activities on Cable Beach; and

4.      Repeals Policy 4.5.3 – Commercial Activities on Cable Beach.

CARRIED UNANIMOUSLY 7/0

 

Reason: The Trading in Public Places Policy contains no limit on the hours of operation permissible for commercial camel activities. It is considered that a limitation on hours of operation is required to ensure that commercial camel activities do not impact the general amenability of the area, unless otherwise approved by the Shire.

 

The Chairman advised there was an indication of support to change a previous resolution of Council by three Councillors. Cr C Mitchell, Cr M Fairborn and Cr H Tracey had signed a notice of a motion to change a previous decision of Council in writing in accordance with Regulation 10(1) of the Local Government (Administration) Regulations 1996.

 

Council Resolution:

Moved: Cr C Mitchell                                              Seconded: Cr H Tracey

That Council, in accordance with Regulation 10 of the Local Government (Administration) Regulations 1996, changes the resolution passed for Item 9.3.2 – Trading Licences for Commercial Camel Activities on Cable Beach at the Ordinary Meeting of Council held on 27 October 2016, with the following changes to point 4(d) of the resolution:

“4.       (d)  The conditions in Attachment 1 will be applied to each of the trading licences with the inclusion of an additional condition to prevent commercial camel activities being undertaken on Cable Beach between 10am and 2:30pm.”

CARRIED UNANIMOUSLY 7/0

 

Attachments

1.

Proposed Trading in Public Places Policy

2.

Schedule of Submissions - Trading in Public Places Policy

  


Item 9.3.2 - TRADING IN PUBLIC PLACES POLICY

 

 

 

DEVELOPMENT SERVICES                                             4.2.##

Health Services

 

TITLE:

TRADING IN PUBLIC PLACES

ADOPTED:

OCM [insert date] 2016 – Pages ## - ##

REVIEWED:

 

ASSOCIATED LEGISLATION:

Trading, Outdoor Dining and Street Entertainment Local Law 2003

Local Government Property and Public Places Local Law 2012

ASSOCIATED DOCUMENTS:

 Local Planning Policy 8.3 Outdoor Dining

 

REVIEW RESPONSIBILITY:

Manager Health, Emergency and Ranger Services

DELEGATION:

 

Previous Policy Number 4.2.12

 

 

Objective:

 

1.    To facilitate the assessment and approval of Trading Licences in accordance with the Trading, Outdoor Dining and Street Entertainment Local Law 2003 (Local Law).

2.    To maintain amenity, usability and public safety in public places.

3.    Promote fairness and certainty to traders, permanent businesses and the community in relation to trading in public places.

4.    Promote vibrancy of public places and economic development in the Shire of Broome.

5.    To protect Cable Beach as a highly valued environmental, cultural and social asset enjoyed by visitors and residents alike.

 

 

Definitions:

 

authorised person means a person appointed by the local government to perform all or any of the functions conferred on an authorised person under the Local Law.

 

camel operators means those persons associated with commercial camel activities, either as the owner, the licensee or an employee.

 

commercial camel activities means those activities associated with camel tours/rides on Cable Beach.

 

directly competing with means that both the proposed trading activity and the permanent business offer a type or category of good or service that is directly comparable, for example:

·     an ice cream van would be directly competing with an ice cream parlour;

·     a mobile food van selling coffee, cake and sandwiches would be directly competing with a café;

·     a mobile food van selling pizza would be directly competing with a pizza or Italian take away store/restaurant;

·     a stall offering massages would be directly competing with a massage parlour.

 

permanent business means a business that operates from private property.

 

person or any word or expression descriptive of a person includes a public body, company, or association or body of persons, corporate or unincorporate.

 

private property means any real property, parcel of land or lot that has a separate certificate of title, which is in private ownership or the subject of a lease or agreement with a person or the local government enabling its use for private purposes and includes any building or structure thereon.

 

public place means any thoroughfare or place which the public are allowed to use, whether the thoroughfare or place is or is not on private property and includes parklands, squares, reserves, beaches and other lands set apart for the use and enjoyment of the public, including all land which belongs to or of which the local government is the management body under the Land Administration Act 1997 or which is an “otherwise unvested facility” within section 3.53 of the Act;

 

Related Entity Interest is defined in Schedule 4 of this Local Law.

 

Shire means the Shire of Broome.

 

trader means the person/s who operate, or propose to operate, an activity subject to a Trading Licence granted in accordance with the Local Law, either as the owner, the holder of the Trading Licence or an employee.

 

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;

(e)     the taking of further orders for goods or services from the purchaser of the pre ordered goods or services, or from the person nominated by the purchaser of the pre ordered goods or services to accept delivery, when those orders are taken at the same time as the previous order is being delivered, whether or not payment is made for the further orders or the pre ordered goods or services at the time of the taking of the further orders;

(f)      the selling or the offering for sale of goods or services to, or the soliciting of orders for goods or services from a person who sells those goods or services;

(g)     the selling or the offering for sale or hire by a person of goods of her or his own manufacture or services which he or she provides; or

(h)     the selling or hiring or the offering for sale or hire of—

(i)    goods by a person who represents the manufacturer of the goods; or

(ii)   services by a person who represents a provider of the services,

which are only sold directly to consumers and not through a shop.

 

trading licence means a licence issued under the Local Law to carry on trading.

 

All other words and expressions used in this Policy have the meaning as defined in the Local Law.

 

 

Policy:

 

1.       The Local Law allows a person to apply for a licence to undertake a range of activities to either sell, offer for sale or hire goods and services to the public.  This Policy is made under the Local Law and provides additional information not outlined in the Local Law that applies specifically to trading licences.

 

2.       For the purposes of subclause 5.2.3 of the Local Law, a person/s will be exempted from holding a valid Trading Licence when carrying out trading in a public place where the trading is undertaken:

 

2.1     as part of an event or function approved in accordance with the Local Government Property and Public Places Local Law 2012; or

 

2.2     in accordance with an approval granted by the Shire under another written law.

 

3.       A trading licence will be issued for a trading activity where the following criteria are met:

 

3.1     the proposed trading activity does not occur within 300 metres of a permanent business that it would be directly competing with, unless:

(a)  the trading activity does not occur during the ordinary opening hours of the permanent business; or

(b)  the owners of the permanent business have provided their support in writing for the proposed trading activity; or

(c)  Council decides that the proposed trading activity should be approved notwithstanding its proximity to the permanent business;

 

3.2     the location of the proposed trading area is suitable for the trading activity that is the subject of the application;

 

3.3     the trading will not have an unreasonable impact on other traders, permanent businesses, traffic flow, pedestrians or the public’s use of a public place;

 

3.4     the trading activity will not generate noise or disturbance that is likely to cause a nuisance to any person in the vicinity of the trader;

 

3.5     the trading activity is consistent with the zoning of the land in the Shire’s Local Planning Scheme, any existing use of the land and any management order for the land comprising the public place;

 

3.6     a Risk Management Plan has been completed for the proposed trading activity to the Shire’s satisfaction;

 

3.7     an Occupational Safety & Health Plan has been prepared for the proposed trading activity to the Shire’s satisfaction;

 

3.8     a business/operational plan has been prepared for the proposed trading activity to the Shire’s satisfaction, outlining how the proposed trading activity will be undertaken; and

 

3.9     the trader has other statutory approvals and accreditations applicable to the operation of the commercial activity, if required.

 

4.       Council may seek additional information from an applicant for a trading licence to facilitate the assessment of an application for a trading licence.

 

5.       Council may invite applications for trading licences for trading in a particular area or a specific type of trading activity and applications that are received will be assessed in accordance with the Local Law, this Policy and the criteria set out in Schedule 3 of this Policy.

 

6.       It will be a condition of any trading licence issued that:

 

6.1     The licensee is responsible for the repair, restoration or reinstatement of any damage to Shire property arising from the trading activity or caused by the customers of the trading activity. Such repair, restoration or reinstatement of damage must be carried out as directed by Council and to Council’s satisfaction.

 

6.2     The licensee obtains public liability insurance in accordance with subclause 8.6.1 of the Local Law, except that the value of the public liability insurance must be $10,000,000.

 

6.3     The placing of signs occurs only within the area approved for the trading activity, unless otherwise approved by Council.

 

7.       A trading activity must not:

 

7.1     involve the sale of offensive, illegal, prohibited, counterfeit or unauthorised goods, including goods bearing trademarks for which the person does not have a licence to sell;

 

7.2     adversely impact on:

(a)  traffic movement;

(b)  traffic safety;

(c)  traffic flow; or

(d)  cause a traffic hazard,

 

7.3     prevent access to a footpath;

 

7.4     erect signage, except in accordance with the Local Law or as approved in accordance with the trading licence; and

 

7.5     involve the connection to or utilisation of any Shire utilities without prior approval, unless otherwise approved as a condition of the trading licence.

 

8.       Council may seek to engage with the community and seek public comment in relation to an application for a Trading Licence if Council considers that it is desirable to do so in the circumstances.  Any submissions received by Council during the public comment period may be taken into account by Council in deciding whether to grant the trading licence applied for.

 

9.       An authorised person may direct the holder of a trading licence to stop doing anything which is contrary to the Local Law or a condition of the trading licence.  A person who is given such a direction by an authorised person must comply with that direction.

 

10.     The licensee must, during the period of the licence:

 

10.1   at the conclusion of each day the trading activity occurs, remove all and any refuse and litter associated with the operation of the trading activity and ensure the area in which the trading is undertaken is left in a clean and safe condition;

 

10.2   maintain and adhere to all plans, procedures, policies, licences and accreditations relevant to the trading activity; and

 

10.3   allow Shire officers to, upon request, inspect and verify that the plans, procedures, policies, licences and accreditation are current and are being complied with.

 

11.     Failure to comply with clause 10 of this Policy will be deemed to be a breach of the trading licence conditions for the purposes of clause 2.7(a) of the Local Law.

 

12.     For the purposes of subclause 2.7(f) of the Local Law, the failure of a licensee to undertake an activity approved by a trading licence for a period of 12 months is considered a ground upon which a trading licence should be cancelled.

 

13.     An annual fee will be payable for a trading licence, with payment due 1 August annually.

 

14.     All applicants for Trading Licences are advised of their right to object a decision made by the Shire.  In accordance with section 9.4 of the Local Government Act 1995, an affected person may object to a decision of local government and lodge an appeal to the decision by lodging an objection to the Shire within 28 days of the decision.

 

15.     Additional provisions that apply to trading activities on Cable Beach are outlined in Schedule 1 of this policy.

 

16.     Additional provisions that apply to commercial camel activities are outlined in Schedule 2 of this policy.

 

17.    

Schedule 1

 

 

Additional provisions for trading activities on Cable Beach

 

 

Additional provisions for trading activities on Cable Beach:

 

1.       A maximum of six trading licences will be granted for trading activities on Cable Beach.

 

2.       Trading licences, except for commercial camel activities, will only be issued:

 

2.1     for trading activities which support and are directly related to the recreational use and enjoyment of Cable Beach and its adjacent waters; and

 

2.2     for the section of Cable Beach:

(a)  between a point formed by the westerly prolongation of Murray Road to the low water mark and a point located 500 metres north of the vehicle entry ramp adjacent to the Broome Surf Club; and

(b)  between the high and low water mark.

 

3.       Council may decide to grant a trading licence for an activity even though:

 

3.1     six trading licences have already been granted for trading activities on Cable Beach;

 

3.2     the activity does not support and/or is not directly related to the recreational use and enjoyment of Cable Beach and its adjacent waters; and/or

 

3.3     the activity is proposed outside the section of Cable Beach specified in subclause 2.2,

 

where Council considers that there is sufficient merit in the proposed trading activity to justify its approval.

 

4.       A person must not hold more than one trading licence for a trading activity on Cable Beach at any time.

 

5.       Council may close Cable Beach to all activities, including trading activities, at any time.

 

6.       A licensee must have a valid permit issued by the Shire’s Chief Executive Officer in accordance with the Control of Vehicles (Off Road Areas) Act 1960. The licensee must at all times comply with the requirements of that Act.

 


 

Schedule 2

 

Additional provisions for commercial camel activities on Cable Beach

 

 

Additional provisions for commercial camel activities on Cable Beach:

 

Trading licences for commercial camel activities generally

 

1.       A maximum of three trading licences will be granted for commercial camel activities on Cable Beach.

 

2.       A person must not hold more than one trading licence for a commercial camel activity at any time, and must not have a Related Entity Interest in respect of the holder of another trading licence for a commercial camel activity.

 

3.       Each camel operator must operate independently, unless otherwise approved as part of an event or function approval issued in accordance with the Local Government Property and Public Places Local Law 2012.

 

4.       Each trading licence will allow a maximum of 18 camels per operator on Cable Beach at any time, unless otherwise approved by the Shire for extraordinary circumstances, eg. cruise ships and corporate/conference functions.

 

5.       Trading licences for commercial camel activities on Cable Beach will be approved for ten years.

 

6.       The conditions of a trading licence issued for a commercial camel activity will be consistent with the provisions in Part 4 in Schedule 2 of the Local Government Property and Public Places Local Law 2012.

 

 

Area in which licences will be approved

 

7.       Commercial camel activities may be conducted on Cable Beach:

 

7.1     between:

 

(a)  a point formed by the westerly prolongation to the low water mark of the northern boundary of Reserve 36477; 

 

(b)  a point formed by the westerly prolongation to the low water mark of the Northern Boundary of Lot 405 Lullfitz Drive; and

 

(c)  the high and low water mark, and

 

7.2     within the set down/pick up area allocated or approved by Council, including land required to traverse from the area identified in subclause 7.1 to this allocated or approved set down/pick up area.

 

 

Requirements for commercial camel activities

 

8.       All commercial camel activities must be undertaken in accordance with the provisions in Part 4 in Schedule 2 of the Local Government Property and Public Places Local Law 2012.

 

9.       Camel operators must only set down/pick up customers for their camel train at the set down/pick up area allocated to the operator in the operator’s trading licence, except where otherwise approved by the Shire due to adverse environmental or other conditions making the designated set down area unsuitable.  A portable sign may be placed in the set down/pick up area allocated in the operator’s trading licence as follows:

 

9.1     the sign must not exceed one metre in height;

 

9.2     each advertising panel on the sign must not exceed 0.8 square metres;

 

9.3     the sign must only contain details relevant to the commercial camel activity;

 

9.4     the sign must not be placed in a way that causes interference or is hazardous to vehicular traffic or pedestrians;

 

9.5     the sign must be of sound construction and maintained in good condition; and

 

9.6     the sign must be removed at the end of each trading session.

 

10.     A camel operator must hold current approval from the Shire to keep a large animal in accordance with the Health Local Laws 2006.

 

11.     A single temporary shade structure can be erected for each commercial camel activity, no more than 3 metres by 3 metres in size and erected soundly and securely so as not to cause a hazard.

 

12.     All camels must be fitted with manure collection devices.  Any manure that escapes a manure collection device must be collected immediately.

 

13.     Camel operators must ensure that there is at least 30 metres between each camel train at all times.

 

 

Activities that can be undertaken as part of a commercial camel activity

 

14.     The following activities may be undertaken in accordance with a trading licence issued for a commercial camel activity:

 

14.1   camel tours;

 

14.2   the taking and sale of photographs and camel memorabilia associated with the commercial camel activity to customers undertaking camel tours; and

 

14.3   the sale of bottled water.

 

15.     A camel operator must not facilitate the provision by any other business of any goods or services (eg. provision of food or drinks) to the operator’s customers on Cable Beach or any other public place, except for:

 

15.1   to facilitate the provision of medical or other emergency services to customers where required; and

 

15.2   as part of an event or function approved as in accordance with the Local Government Property and Public Places Local Law 2012.

 

 

General

 

16.     Council may close Cable Beach to all activities, including trading activities, at any time.

 

17.     Council may, at any time, direct that access to Cable Beach be obtained from an alternative location to that approved in the trading licence.

 

 

Advice notes for camel operators

 

The following advice notes are provided as recommendations to assist camel operators in providing for a safe and professional service to customers. It should be noted that in providing this advice, the Shire accepts no responsibility for non-compliance of any occupational health and safety requirements or any other legislation.

 

A.      Informative introductory talks should be provided to customers covering all aspects of safety prior to clients commencing a camel ride.

 

B.      Camel operators should have a maintenance schedule to ensure all equipment used in association with the riding of camels is kept at a high standard.

 

C.      Camel operators should have a system for the recording of any incidents or accidents that may occur in operation of the commercial camel activities.

 

D.      An employee induction process should be introduced for all employees.

 

E.       It is recommended that first aid training be provided to employees and that first aid kits are carried on the camel tours.

 

F.       A mobile phone should be carried on all camel tours to ensure communication in the event of an accident, or contact with Shire Officers if necessary.

 

G.     It is recommended that camel operators hold current tourism accreditation to support a high standard of practice within the camel industry in Broome.

 

H.      Camel operators should endeavor to meet with Shire Officers prior to each new tourist season to discuss both the previous and upcoming season’s activities and other matters relevant to the operation of camel tours.

 

DISCLAIMER: The above information provides readers with advice, guidance and/or recommendations regarding specific operational conduct. The advice, guidance and/or recommendations contained herein do not constitute legal advice, and are not intended as an exhaustive statement of measures that should be undertaken to discharge the operator’s duty of care to clients and the public.

 


 

Schedule 3

 

Clause 4 - Criteria for assessing applications for a trading licence

 

 

Where Council has invited applications for trading licences for trading in a particular area or a specific type of trading activity, the application will be assessed against the following criteria:

 

1.       Compliance of the application with the criteria in clause 3 of this Policy.

 

2.       Compliance of the application with the Local Law.

 

3.       Experience of the applicant in conducting the activity the subject of the application, or other similar operations.

 

4.       Experience of staff and key personnel that will be involved in the conduct of the activity in conducting the activity the subject of the application, or other similar operations.

 

5.       Provision of three referees who can be contacted by the Shire about previous experience in conducting the activity the subject of the application, or other similar operations.

 

 


 

Schedule 4

 

Definition of Related Entity Interest

 

 

A person has a Related Entity Interest in relation to another commercial camel activity if any of the following applies:

 


Where both parties are natural persons

Where both parties are corporations

Where one party is a natural person and the other is a corporation

(a)  Partnership or joint venture.

(b)  Trustee/beneficiary.

(c)  Trustee/potential object of a discretionary trust.

(d)  Spouses or de facto partners living together.

(e)  Parent/child living together.

(f)   A person’s spouse, de facto partner or child living with the person, has a relationship of any of categories (a) - (c) to the other party.

 

(a)   Related corporations including parent/subsidiary companies and companies in the same corporate group.

(b)   Corporations in partnership or joint venture.

(c)   Except in the case of a publicly-listed company, corporations (other than community associations or clubs) with any degree of common membership.  Membership means:

(i)    Directors;

(ii)   Shareholders;

(iii)  Unit holders;

(iv)  Beneficiaries of trusts administered by unit holders;

(v)  Potential objects of such trusts.

(vi)  Spouse, de facto partner or child of any of categories (i) - (v).

        Persons need not be members of the two corporations in the same capacity.

 

(a)    Partnership or joint venture.

 (b)   Trustee/beneficiary.

(c)    Trustee/potential object of a discretionary trust.

(d)    Directorship.

(e)    Shareholding.

(f)     Unit holding.

(g)    Spouse, de facto partner or child living with the natural person party is in any of relationships (a) - (f) with the corporate party.

 

 

 


Item 9.3.2 - TRADING IN PUBLIC PLACES POLICY

 

 

Schedule of Submissions - Draft Trading in Public Places Policy (Policy)

NO.

NAME & ADDRESS

SUBMISSION

OFFICER COMMENT

OFFICER RECOMMENDATION

1

Alison Bird – Broome Camel Safaris

I am writing in regards to the Draft Trading in Public Places Policy, particularly to the Camel Licenses. I have looked over the Draft Policy and find it reasonably satisfactory. I do have some concern over the length of our licenses though. The Policy states it could be “up to ten years”…that is good but I am sure that it should be “ten years” as this is what you have agreed to and that is what we have applied for on our license application. As we have spent considerable amounts (in the $100,000.00’s) on the improvements and infrastructure on the leased property for our camel farm, I think it is only reasonable and fair that we should be given secure tenure on our licenses for the whole ten year period. Allen and I have signed and have in place our lease on Lot 303 for the next ten years and we await our license to be in correspondent position.

 

We have met all our legal requirements with our licenses and lease hold and would appreciate a prompt amendment to our license with a ten year tenure. This has been too long in the process and is unfair to keep delaying this outcome.

 

The current Policy 4.5.1 Commercial Camel Activities on Cable Beach (Current Camel Policy) states that Camel Licences will be issued for 10 years.  This is seen as a way of creating certainty for operators as well as seeking to align the licences with the Camel Leases. 

 

Clause 5 in Schedule 2 currently states that the Camel Licences will be approved for a maximum period of 10 years, but this should be amended to state that they will be approved for 10 years.

Clause 5 in Schedule 2 of the Policy is amended to remove the words “a maximum period of”.

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Daryl & Angela Roberson –

Beach Hut

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2. Applicant Details and current position

 

Licence Holders Names:               Daryl & Angela Roberson

Business Name:                               Beach Hut

Licence Number:                6/2014

Email:                                                    b.hut2@bigpond.com

Phone:                                                 0412 087 080

 

2.1 The Beach Hut has a current Shire of Broome “Licence to Trade in Public Places” this trading licence is governed by Local Government Laws and policies that are all currently being reviewed and possibly amended. The Laws and Policies that Beach Hut is currently governed by:

 

Local Law

· Local Government Act 1995

· Trading, Outdoor Entertainment and Street Entertainment 2003

· Local Government Property and Public Places Local Law 2012

 

Local Policy

·   Commercial Activities on Cable Beach Policy

 

2.2 Beach Hut is the only current licence holder operating on Cable Beach, south of the rocks, therefore is the only business to be affected by the repeal of the Commercial Activities on Cable Beach Policy 2008 to the newly drafted Licence to Trade in Public Places 2016.

 

2.3 Beach Hut owners Daryl and Angela Roberson have owned and operated under the Commercial Activities on Cable Beach Policy under the trading activity “Hiring of Beach Gear” activity for 13 years.

 

2.4 Beach Hut’s current Trading Licence has 2 ½ years until it expires on 31st December 2018.

 

2.5 Daryl Roberson has more than 25 years of experience owning, operating, and managing various Trading Licences on Cable Beach under the Shire of Broome’s Local Law.

Noted.  Background information to submission. 

No action required.

3. Beach Hut understands the need for Development Strategies, Law Reform and Policy reform

 

3.1 We understand the Shire of Broome as part of the newly adopted Cable Beach Development Strategy is encouraging more leisure activities on and around Cable Beach and promoting more Public Trading Activities.

 

3.2 Beach Hut understands that the Shire of Broome are required to review Local Laws and Policies and the need to modify, streamline, modernise or remove certain areas of the policies so that the Shire of Broome are able to increase the amount of trading licences to cater for Broome’s Tourism and Trading industry into the future and to operate more efficiently.

 

3.3 The new local policy Trading in a Public Places 2016, will incorporate the following three (3) Trading policies into just one.

·     The Commercial Activities on Cable Beach Policy 2008

·     The Commercial Camel Activities on Cable Beach Policy 2008

·     The Trading in Public Places Policy 2010

 

3.4 The Shire of Broome state that the new Trading in a Public Places Policy 2016 incorporates changes designed to assist with interpretation and administration of the policy and provide more flexibility for Trading Licences to be granted. Therefore it advantages for any new business applying for a Trading Licence, over existing ones, as the important criteria that was previously required has been removed. The Shire of Broome do little in this new policy to protect an existing businesses Trading Licence conditions

 

3.5 Not all areas of this proposed policy change are consistent with being reasonable and appropriate, on these grounds we feel compelled to object to the changing of the following clauses within the draft Trading in a Public Places 2016 document. The changes made to this new Trading policy give little to protect an existing business and the conditions of their existing, approved trading licence.

 

Noted.  General opening statements and comments.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

No action required.

4. How this Policy Reform will affect Beach Hut and our Trading Licence

 

4.1 There are some amendments or removal of clauses that will have a direct negative impact on our Trading Licence and the future of our Beach Hut business. Our business still has 2 ½ years left on our current Licence. If this new Trading in Public Policy is passed there appears to be will little business protection for any Commercial Activity Licence holder now and there will be no business protections at all for future Licence holders.

 

4.2 If the new Policy were to be implemented and new trading licences were offered on Cable Beach and the surrounding area, there would be a significant impact on our beach equipment hire business.

       For example:

a)  New licences being allowed to do same or similar activities

b)  New businesses operating too close to our business

c)   Licence activities that are allowed to be varied

d)  Offering no security on the time period of a trading Licence

 

4.3 Beach Hut already has some degree of uncertainty to our income due to unfavourable weather conditions (wind & rain) and wildlife issues (stingers & crocs) when the beach has to close. However, to amend the Trading Policy so that our licence conditions could possibly be varied and new businesses are able to be approved to commence which are too close or similar in nature to our business could potentially cause us to discontinue our currently successful business. The major uncertainty and instability to our trading licence would cause us to re-evaluate our business and its viability.

 

4.4 If more businesses were being given licences under the amended law then the Shire may see this as an opportunity to increase annual total revenue to the Shire and may possibly put the licences out for tender (this is what happened in 2006). For the Shire of Broome to increase licence fees or to put licences out for tender could cause a business to become unfeasible.

 

4.5 We have lived in Broome for 25 years and have 3 young children. We have invested our family’s future in our beach equipment hire business. We need stability and certainty with our trading licence for our business to continue to run successfully and to provide for our family here in Broome.  The Trading Policy amendment causes our business serious instability and uncertainty, and possible financial losses, if not possible business closure.

Noted.  Specific concerns are outlined below.

No action required. 

5. Objection to the Amendment of Policy: Clause 3.3 in the “Draft Trading In Public Places Policy 2016”

 

We, Angela and Daryl Roberson of Beach Hut UNDER SECTION 9.5 OF THE ACT Hereby OBJECT to the amendment of this additional Clause: Trading in Public Places Policy 2016 Clause 3.3

 

Clause 3: A trading license will be issued for a trading activity where the following criteria are met:

 

Clause 3.3: “the trading will not have an unreasonable impact on the other traders, permanent businesses, traffic flow, pedestrians or the public’s use of a public place”.

 

5.1 Grounds for the Objection

Amending this clause into the Trading in Public Places Policy will increase uncertainty for existing licence holders and put Shire of Broome employees in an impossible adjudicatory position, when they are tasked to assess or determine as to whether a new traders will have an “unreasonable impact” on an existing established business or existing trading licence holder. It will potentially generate numerous objections and significantly increase the potential for legal proceedings for persons who are disgruntled with the Shire’s adjudicatory processes

 

Who within the Shire of Broome will make this assessment and what process will the Shire use?   We understand that local government employee’s will, in effect, be assessing what are, essentially, commercial matters for small businesses, and by doing so, are operating beyond their area of expertise.

 

This amendment and the policy do not define “unreasonable impact”, nor is any procedure or framework provided to determine this unknown “unreasonable” impact on an existing business.  This is unfair to an existing business if the “unreasonable” impact was confirmed and came to be, so that the existing business became no longer viable.  There is no reference to the factors by which “unreasonableness” is judged including impact on proportion of turnover or impact on profitability.

 

5.2 Extraction or Amendment that should be made to this clause

With the removal of the 6 identified Commercial Activities and the potential for more than 6 licences on offer, on Cable Beach under the draft Trading Policy, this leaves open the type of activities that may be applied for. There are potential negative impacts on other established businesses and other existing Licence Traders. Therefore this Clause needs to be clearer in defining “unreasonable impact”.   Clause 3.3 currently does not provide the clarity required for existing and future Trading Licence holders.

 

5.2.1 Amendment

An alternative amendment to Cl 3.3(a) and additional clause inserted 3.3 (b)

3.3(a) “The trading activity for which the licence is sought will not have an unreasonable impact on an established shop or an activity undertaken under an approved existing trading licence without input from or consultation with existing Licence Holders and the Public.”

3.3(b) “The trading activity will not have an unreasonable impact on traffic flow, pedestrians or the public’s use of a public place.”

 

Other Amendments could possibly be made to the 2016 Trading in Public Places Policy which will allow a fair and clear way of determining the actual impact a new licence will have on an existing business. For example; there should be protections within the amended policy for existing businesses including, but not limited, to the obligation to consult in writing with the existing business to gain an opinion of any impact another business operator, in the same or similar business/trade and/or location would have on the operations of the existing business. Ie could the demand cope with another competitor?

 

5.2.2 Reasons for the Objection

If the procedure for determining unreasonable impact is not clarified in this Policy then this may potentially undermine the viability of existing businesses to the point that the business is no longer viable for both operators and that service/activity is lost.  This would negatively impact on an existing highly visible service business for Broome which has operated consistently for decades. 

 

The effect of this change may be that the existing business may become unviable because the Shire of Broome were unable to determine the terms of “unreasonable impact”.

 

Further impacts may result on the provision of an important service to visitors and residents of Broome alike.

 

In summary the reasons for the Objection are:

1.   No clear process or criteria currently exists to be able to determine the “unreasonable impact” on an existing business.

2.   A potential lack of business knowledge of Shire Officers who are charged with making this determination.

3.   “Commercial in Confidence” issues arise if Shire officers are required to make a judgement on “unreasonable impact” utilising business information.  The risk increases of confidential business information being inadvertently released or discovered.

4.   A lack of certainty for existing Licence Holders to be able to trade in accordance with their current Licence term (period).

5.   A lack of protections for existing business operators or licence holders, including at the very least, a guarantee of consultation over any changes or new licences to be approved within the vicinity of their existing business.

Clause 3 of the Policy outlines the criteria that must be met for a trading licence to be issued.  Clause 3.3 requires the trading activity not to have an unreasonable impact on other traders, permanent businesses, traffic flow, pedestrians or the public's use of a public place.

 

The inclusion of this criteria is intended to allow Council flexibility in determining whether an activity should not go ahead due to the impact it has on other traders, permanent businesses, traffic flow, pedestrians and the public’s use of a public place.  It is a general clause which allows Council to regulate trading activities in way that prevents conflicts over the use of public space.

 

It is acknowledged that there is subjectivity involved in determining whether there has been an “unreasonable impact”, however the same can be said for a number of provisions in the existing Trading in Public Places policy (Current Trading Policy).

 

Overall, providing scope for Council to consider allowing greater competition and new trading activities is considered worthwhile, with clause 3.1 still giving Council the ability to protect the interests of existing traders.

 

It should be noted that clause 8 of the Policy allows Council to engage with the community and seek public comment in relation to an application for a trading licence.

 

It should also be noted that Council is the decision maker in relation to whether an application should be approved or refused in accordance with the Trading, Outdoor Dining and Street Entertainment Local Law 2003 (Local Law).  The ability to make this decision may be delegated to Shire Officers, but it is Council’s decision whether it wishes for Officers to make this decision or whether sole decision making responsibility should remain with Council.

No action recommended.

6. Objection to the Amendment of Schedule 1, Clause 2.1 in the “Draft Trading In Public Places Policy 2016”

 

We, Angela and Daryl Roberson of Beach Hut UNDER SECTION 9.5 OF THE ACT Hereby OBJECT to amending the following: Schedule 1, Clause 2.1 Trading in Public Places Policy 2016

 

Clause 2 “Trading licences, except for commercial camel activities, will only be issued:”

Clause 2.1 “for trading activities which support and are directly related to the recreational use and enjoyment of Cable beach and its adjacent waters”

 

Previous Policy: Commercial Activities on Cable Beach Policy (2008): General Clause 1

Cl 1: “The Shire will grant licences for the six (6) identified commercial activities on Cable Beach, these being: (i) Parasailing (ii) Catamaran Hire (iii) Jet Ski Hire (iv) Beach Gear Hire (v) Teaching Surf Board Riding (vi) Dinghy Hire”.

 

6.1 Grounds of the Objection

The amendment of this clause to remove all of the current identified activities under the 2008 policy and amend to the 2016 version which has no identified activities is obviously to allow the Shire to have more flexibility and choice in the Trading activities on Cable Beach. This is procedurally unfair to existing businesses and future businesses to not have a framework or structure for the types of other activities allowed to operate on Cable Beach. Some form of structure is required to provide existing and future businesses certainty and stability for the future of their licence and the trading activities the businesses offer.

 

6.2 Extraction or Amendment that should be made to clause

The following change is proposed to occur.

 

6.2.1 Amendment

Without identified activities in place, Beach Hut and any future businesses would lose the certainty and stability of its trading licence. We understand the Shire wants flexibility in issuing diverse and vibrant activities, but some form of structure is required so that activities are not the same or similar as those offered by existing licence holders.

 

With the 6 licences being issued (and potentially more) under the new Trading Policy under Schedule 1 for Activities on Cable Beach, the clause could be amended so that there are general activities to prevent over-representation of the same or similar activities on Cable beach south of the rocks.

 

For example:

Schedule 1 - Additional provisions for trading activities on Cable Beach:

A possible clause added to Schedule 1:

A maximum of 6 trading activities will be granted for trading activities on Cable Beach

(I) 2 activities be low impact recreational, not the same or similar

(ii) 2 activities be adventure activities, not the same or similar

(iii) 2 activities offer food or drink, not the same or similar

 

There must be some:

a)  framework for the activities

b)  certainty to the existing licence holders;

So that both the Shire of Broome and the trading licence holders are in agreement

 

6.3 Reason for the Objection

Without some form of structure or framework as to what activities would be suitable and enhance Cable Beach there is too much room for error in the issuing of licences, with possible:

·   over commercialising

·   inappropriate business activities, that don’t compliment Cable Beach

·   too many of a similar type of activity impacting on other businesses

·   businesses becoming unviable

 

This policy needs more structured activities so  appropriate licences are issued that licence holders can operate with certainty and confidence that the Shire of Broome aren’t issuing licences of a similar or the same type of activity that will negatively impact  on an existing business activity causing  the business to become unfeasible.

The designation of certain types of commercial activities that can be undertaken on Cable Beach in the Current Trading Policy has proved problematic and overly restrictive, especially where an activity is proposed that does not neatly fit within a designated category.  Also, specifying categories does not allow for innovation and evolution in the types of activities that can be undertaken, to account for changes in the market.

 

Therefore, the six types of commercial activities that can be undertaken on Cable Beach as specified in the Current Trading Policy have been removed from the Policy.  However, there is still parameters that apply to the types of commercial activities that can occur, in that they must support and be directly related to the recreational use and enjoyment of Cable Beach and its adjacent waters (clause 2.1 in Schedule 1 of the Policy).

 

The Policy and proposed new Trading, Outdoor Dining and Street Entertainment Local Law 2016 (Proposed Local Law) both contain protections for existing traders.  Clause 2.3.2 of the Proposed Local Law states that Council may refuse a licence application where the activity will have an unreasonable impact on an activity undertaken on an existing licence.  That the trading activity will not have an unreasonable impact on other traders is a criteria that must be met for a trading licence to be issued in Clause 3.3 of the Policy.

 

Therefore, it is considered that the Policy provides guidance for the types of commercial activities that can be licenced to occur on Cable Beach, while still providing protection to existing traders.

No action recommended.

7. Objection to the Amendment of Schedule 1, Clause 3 in the “Draft Trading In Public Places Policy 2016”

 

We, Angela and Daryl Roberson of Beach Hut UNDER SECTION 9.5 OF THE ACT Hereby OBJECT to amending the following: Trading in Public Places Policy 2016 Schedule 1, Clause 3

 

Clause 3 “Council may decide to grant a trading licence for an activity even though:

3.1 “six trading licences have already been granted for trading activities on Cable Beach,”

3.2 “the activity does not support and/or is not directly related to the recreational use and enjoyment of Cable Beach and its adjacent waters; and/or”

3.3 “the activity is proposed outside the section of Cable Beach specified in subclause 2.2, where Council considers that there is sufficient merit in the proposed trading activity to justify its approval”

 

7.1 Grounds of the Objection

If the situation arose that a trading licence was being applied for and 6 licences were already issued as per the maximum in accordance with Clause 1(Schedule 1) or if the activity did not support and was not directly related to the recreational use and enjoyment of Cable Beach or within the Cable Beach Licenced area as in accordance with Clause 2(Schedule 1) then the Trading Licence should not be issued.  The proposed licence is not consistent with Clause 1 and 2. Clause 3 simply causes the Policy to read inconsistently and is not in keeping with the original intention of the policy. To add Clause 3 is unreasonable and unfair to all existing and future Trading Licence holders on Cable Beach.

 

As per the Trading Policy wording, in this situation, Council could still grant a Trading Licence, “if there was merit to justify its approval”, despite the inconsistency with Clauses 1-2.  The whole of Clause 3 effectively allows the Shire to exercise its absolute power to approve a Trading Licence, even though there is blatant inconsistency.

 

Clause 3 is procedurally unfair to existing trading licence holders, as they have had to comply with the policy to be granted their Trading Licence.  The effect of Clause 3 is that the Shire has too much power and flexibility in being able to override important parts of a policy to suit.   The question arises as to the purpose of this Clause 3 in Schedule 1, and is it necessary at all?

 

7.2 Extraction or Amendment that should be made to clause

The following change is proposed to occur.

 

7.2.1 Extraction

Clauses 3.1-3.3 - Additional Provisions for trading activities on Cable Beach of the Trading in Public Places Policy 2016 should be removed as it is unnecessary and contradictory.

 

7.3 Reason for the Objection

For Schedule 1 to be procedurally fair Clause 3 needs to be extracted.  As Clause 1 and 2 are there for a purpose, to prevent over commercialisation of Cable Beach and for the beach remain an enjoyable recreational area.  If Clause 3 remains, the policy is contradictory and is a demonstration of the ability to apply for and have approved a Trading Licence issued that is inconsistent with the Shire’s own Clauses 1 and 2 in the Trading in Public Places Policy 2016.

The purpose of clause 3 in Schedule 1 of the Policy is to give Council scope to consider an innovative concept for a commercial activity on Cable Beach that could not have been conceived of when the Policy was developed.  Giving Council this overarching discretion is considered desirable to promote vibrancy, the appropriate use of Cable Beach and the attractiveness of Cable Beach for residents and tourists.

 

As discussed in relation to the issue raised above, there are sufficient safeguards in the Proposed Local Law and Policy to protect existing traders.

 

Therefore, clause 3 in Schedule 1 of the Policy is considered appropriate and should be retained.

No action recommended.

8. Objection to the Amendment of Schedule 1 in the “Draft Trading In Public Places Policy 2016”

 

We, Angela and Daryl Roberson of Beach Hut UNDER SECTION 9.5 OF THE ACT Hereby OBJECT to amending the following: Trading in Public Places Policy 2016 Schedule 1: No prescribed trading period time for a trading licence for a Commercial Activity on Cable Beach.

 

Previous Policy: Commercial Activities on Cable Beach Policy 2008 General, Clause 3

Clause 3: “Trading Licences for the commercial activities on Cable Beach will be approved for a period of five (5) years.”

 

8.1 Grounds of the Objection

Removing the prescribed period for a Trading Licence is procedurally unfair to an existing business who operate under their current licence and previous licences which lasted for 5 years.   Commercial Activities on Cable Beach Licence holders and future licence holders need more certainty than what the Shire of Broome propose in the 2016 Trading in Public Places Policy. Having no prescribed period for a Trading Licence does not provide any certainty to a potential or existing licence holder’s future business.

 

This does not make it attractive for businesses to apply for licences, without some assurance of the term of the Licence.

 

8.2 Extraction or Amendment that should be made to clause

The following change is proposed to occur.

 

8.2.1 Amendment

There is currently no mention of time periods in the policy in regards to Commercial Activities on Cable Beach Trading Licence.  We strongly propose that a time period needs to be included for the security of existing and for future trading licences.

 

We propose the following options for amendment:

a)  A term limit of 5 years for existing businesses / Trading Licence holders and 3 years for proposed businesses or new Licences.

b)  Existing Trading Licence holders – continue under the agreed terms of the current licence.  Upon the approval of a continuing licence, the maximum term is 5 years.

 

New Trading Licence applicants – can apply for a maximum of 5 years with an option to extend another 5 years.

 

8.2.2 Reason for the Objection

The time period for the licences being removed is unfair.  We have planned our operations to be in existence for 5 years, at least up until the end of the current term, which expires at the end of 2018. 

 

If the Shire wants more flexibility and arbitrary power, then it needs to be done in a fair and equitable manner.  The Shire of Broome state in the Council Minutes (28/7/16) that the Trading Licences applied for can be “a shorter or longer period as appropriate”.

 

What criteria does the Shire of Broome propose to use to determine an appropriate time period for each licence?   The Draft Trading in Public Places Policy 2016, as it currently stands, is unclear and unstructured as to the method of determination of the “appropriate” time period of each licence.  Businesses will have no Trading Licence security at the expense of the Shire wanting to be able to be flexible in determining “appropriateness”.

 

We note that the Camel Operators will be approved for a maximum period of 10 year years.  We support this proposal for the camels but feel this should apply to our licence as our “Hire of Beach Gear” business licence / operations are just as unique as the camels.  

 

Our Trading Licence has been in operation for 35 years, without any other similar business operating in the area.  This establishes that ours is a unique type of Trading Licence and we feel that as the only existing Trading licence operator, which we have personally been operating for 13 years, we should also be offered the opportunity for a 10 year licence.

The current Commercial Activities on Cable Beach Policy (Cable Beach Policy) specifies that trading licences for commercial activities on Cable Beach will be approved for a period of five years.  This provision was not carried over into the Policy, as it was considered desirable to give Council the flexibility to issue licences for a shorter or longer timeframe, depending on the circumstances.

 

The Policy provides for trading licences for the commercial camel activities to be granted for 10 years.  The reason for this is the level of investment required to operate a commercial camel activities (camels, stabling areas), the need for the licence holders to show they have secure tenure over appropriate stabling facilities and the intention of the Shire to align the trading licence and the leases for the land at Lullfitz Drive for that purpose. 

 

Therefore, it is considered appropriate to provide for 10 year trading licence terms for the commercial camel activities, while leaving the term of a trading licence for other trading activities for Council to decide in its discretion.

No action recommended.

9. Additional Suggestions for “Draft Trading in Public Places Policy 2016” -Schedule 1

 

Additional Suggestions of applying Advice Note for the traders operating on Cable Beach

 

9.1 As noted in the Advice Notes for the Camel Operators, this same advice should be given to the Trading Licences on Cable Beach, South of the rocks. All of the information offered is practical and safety orientated and amending this information into the policy for Cable Beach licence holders would be advantageous, in particular to items (G) and (H) within the Advice Notes.

 

(G). The Tourism Council Accreditation that the Shire has suggested for the Camel Operators should be compulsory applied to Trading Licence applications for activities on Cable Beach, south of the rocks.  Having operators with Tourism Accreditation encourages professionalism and commitment from a business.  The business must also comply with the policies and procedures it presents to the Tourism Council.   The Shire Broome would attract and have only committed businesses operating on Cable Beach if they were to make accreditation compulsory.

 

(H) Consultation between Shire officers and businesses operating on Cable Beach, South of the rocks, would also be highly advantageous.  This would result in the establishment and maintenance of positive relationships, and more effective communication regarding matters of concern.  In particular, consulting on events to be run on Cable Beach and other relevant matters for the coming season of operation would be highly beneficial and allow effective planning and produce successful and well-run events for the public.

 

9.2 In short, the same suggested Advice Notes for applicants should also be applied to those traders applying for Trading Licences for Commercial Activities on Cable Beach, South of the Rocks.

The advice notes in Schedule 2 of the Policy have been developed specifically for the commercial camel activities.  Some of these advice notes may be appropriate for inclusion in trading licences for other commercial activities on Cable Beach, but some may not.

 

Given the variety of different commercial activities that could occur on Cable Beach in accordance with a trading licence, it is considered more appropriate to leave open the types of advice notes that may be attached to a licence.

No action recommended.

10. Suggestion for Facilitating Reasonable and Appropriate Commercial Activity on Cable Beach in the Future

 

Establishing a Cable Beach Licences Sub Committee or Working Group

 

10.1 If the Broome Shire want to offer or host the most suitable and vibrant activities for Cable Beach for the future and wish to modernise the activities then a subcommittee or a working group could be formed which can help assess the suitability of the beach activity and the applicants or any relevant conditions required.

 

10.2 This way there is transparency, fairness and certainty to other traders and the community, who can have their say on what businesses they would like to see.  Therefore the Shire of Broome employees would be making decisions with relevant information gained from effective consultative processes.

 

10.3 Suggestions for those that could be included in the Cable Beach Licences Sub Committee or Working Group are:

·  Director of Development Services or Community Services

·  A Shire Employee – Who has been in Broome for more than 1 year!

·  Ranger

·  Lifeguard

·  Yawuru Representative

·  Tourism Body Representative(eg- North West Tourism)

·  An existing Trading Licence Holder (with knowledge of Cable Beach and surrounding area)

·  2 x Broome Residents that regularly use Cable Beach Area where Business Licences are located.

 

Plus the use of Public comment

 

This working group could also help by easing the Broome Shire’s assessment process when assessing and issuing licences and help with administering Licences properly to give a more transparent and community orientated decision.  This would be more beneficial, than the current situation, where the entire process is undertaken with little or no consultation by internal Directors and Officers.  Therefore, by involving those relevant and interested stakeholders, this allows the decision makers to have more relevant input, information and understanding of Cable Beach and what activities are considered appropriate and desirable for one of Broome’s premier recreation areas.

The decision in relation to issuing trading licences under the Local Law is made by Council.  In accordance with the Policy, Council can seek public comment.

 

Committees and working groups of Council are established for a variety of purposes.  Committees are regulated by the Local Government Act 1995.  Terms of Reference would apply to any Committee or working group and they would not have the ability to make decisions on Council’s behalf.

 

Overall, given the small number of trading licence applications received and the nature of their processing being one of statutory decision making, the establishment of a committee of Council or working group to regulate trading licences is not considered to be appropriate.

No action recommended.

11. Conclusion:

 

11.1  It is crucial that we object and participate in this proposed Trading Policy Reform, as we are the only existing Trading Licence currently operating on Cable Beach, south of the rocks under the current Policy. 

 

11.2 The proposed amendments will directly affect our Trading Licence conditions and potentially have a negative impact on our brand and livelihood in circumstances where we have 2.5 years to run our Trading licence.  We need to protect our business and the licence conditions under which we operate for the balance of that licence, but also see the bigger picture of poorly drafted policy reform harming business confidence and a lack of diversity affecting the tourist trade in particular. Ultimately we share the Shire’s goals in attracting people and tourists to Broome and Cable Beach in particular, but have concerns that the amendments will hinder not help the Shire of Broome’s vision of vibrancy and diversity on Cable Beach and the surrounding area.

 

11.3 A Clause within the policy could be inserted, which would allow the policy reform to be introduced at the expiry of the current term of any existing Trading Licence.  This would protect the rights of the existing approved licence holders, and give them assurance of their ability to trade until the planned end of the Trading Licence term.

 

11.4 We have concerns that, rather than promote an array of lively and assorted beach activities, the proposed changes to the Trading sections of the laws appear to be aimed at promoting competition on Cable Beach for existing businesses.  This policy does not promote a range of goods and services offered or sufficient flexibility to amend trading activities to promote diversity.  Therefore, our concerns with the proposed changes are;

(a) (in relation to the removal of criteria protecting local established business) they discriminate and are biased against our business and promote considerable uncertainty for all existing businesses;

(b) They may lead to multiple businesses offering the same or similar products (ie lack of diversity);

(c) competing applications will be assessed by people who (respectfully) are not appropriate judges of what is and is not an “unreasonable impact” on a business’s trading activities;

(d) that it unfairly enables the repealing of existing Trading licenses for what may be minor variations sought in trading activities ;

(e) that it will erode the quality of product and services currently on offer and standards and

(f) that it fails to provide sensible and workable flexibility on variations to trading conditions for existing businesses.

 

11.5 Beach Hut is a unique seasonal business that we work very hard to run successfully and have done so over the past 13 years.  The Beach Hut provides products and services which are highly regarded and an essential service for visitors to Cable Beach.  The success of our locally owned and operated business is due to the fact that we are able to operate our business so consistently, efficiently and professionally.  If the Trading Policy amendments were made, this may cause business uncertainty and cause doubts about our future and viability.  We may choose to close the business and therefore could no longer provide this service, which would potentially affect Cable Beach and its image.  Many tourists and locals alike come to the beach because of the unique service our business offers, which is consistently provided and run so professionally and successfully.  It is a much needed product and service to all beachgoers. Our Beach Hut equipment hire business enhances visitors’ Cable Beach experience, which benefits all of Broome.

 

11.6 We have invested our family’s future in our business. The success of our locally owned and operated business depends on the certainty of the conditions of our Trading Licence. Consequently, the potential amendment to the Trading Policy causes our business, and therefore our family, serious doubts, concerns and potential instability for our future. 

 

11.7 In addition, amending the Trading Policy, would impact on this valuable service which we provide for visitors to Cable Beach, thereby having a wider impact on the beach going public including tourists.

Noted.  Summarises issues raised above. 

 

Given the purpose of the Policy is largely to inform the assessment of applications for trading licences, it is not considered necessary to include a new clause in the Policy limiting its application to existing licenced activities.

No action recommended.

 

 


Minutes – Ordinary Meeting of Council 15 December 2016                                                         Page 567 of 568

 

9.3.3      EXPRESSION OF INTEREST FOR 2017 WA REGIONAL TOURISM CONFERENCE

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           OGS47

AUTHOR:                                                   Events & Economic Development Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Acting Director Community Development

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    18 November 2016

 

SUMMARY:         This report seeks Council’s endorsement to submit an Expression of Interest for Broome to host the 2017 WA Regional Tourism Conference, and consider the budget implications should the expression of interest be successful.

 

 

BACKGROUND

 

Previous Considerations

 

Nil

 

The WA Tourism Conference has been held successfully in Perth over the past two years as a collaboration between the Tourism Council of WA, Caravan Industry Association WA and the Visitor Centres WA.  In 2016, the event attracted more than 400 Delegates from across the Western Australian tourism industry.

 

For the 2017 WA Tourism Conference, event organisers are seeking expressions of interest from regional towns through their Local Government in collaboration with Visitor Centres or local Tourism Organisations to host the event and provide their town a unique opportunity to welcome delegates and to showcase their region.

 

The Tourism Council of WA anticipate that the estimated direct and indirect benefits to the local economy by attending delegates would be in the vicinity of $500,000 over the duration of the three day conference.

 

The conference is scheduled to be held in early September 2017 and the program is proposed to include:

1.   Training workshops

2.   Official Opening Cocktail Function

3.   Announcement of GWN7 Top Tourism Town category awards winners

4.   Conference sessions

5.   Conference dinners incorporating GWN7 Top Tourism Awards

6.   Industry Association meetings

7.   Broome and Region famils

 

COMMENT

 

With tourism continuing to be a significant sector for Broome and the Kimberley, hosting the 2017 WA Tourism Conference is an opportunity to showcase to industry representatives the unique opportunities of the region. The 2017 WA Tourism Conference offers an opportunity for delegates from around Western Australia to network and gain an understanding of what the region has to offer. This enables them to better inform clients who are considering booking travel to the region.

 

This project is a substantial undertaking that requires strong project management and consultation with numerous stakeholders. A submission has been developed by Shire Officers and if successful the Shire would be the lead agency in liaison with the Tourism Council of WA. The proposal is a joint venture between the Shire of Broome, the Broome Visitors Centre and Australia’s North West. Each party would have a role to play in delivering the event in Broome and is proposed to draw on the expertise of each organisation to achieve the result of a successful conference. 

 

The project has the potential to be a significant collaborative effort between key organisations within Broome.  At a time when the tourism sector would appreciate a boost, this project could unite stakeholders and continue to progress the cohesive approach to economic development that has been achieved over the last 12 months.

 

The event would require non-financial support by way of sourcing accommodation discounts for conference delegates and arrangements for local famils for delegates to showcase the Broome Region. The Broome Visitors Centre and Australia’s North West would provide support in achieving these outcomes.

 

The Broome Visitors Centre have also confirmed if successful they would provide support by undertaking the Delegate registration process, coordinating the famils for the delegates including the coordination of tours to local tourist destinations and gaining industry support for the hosting of the conference.

 

If successful, a contribution of $20,000 will be required in addition to in-kind support. Several local organisations have committed both cash and in-kind support should the bid be successful.

 

In-kind support could be provided towards the cost of a welcoming function and venue hire for the Civic Centre as the conference location including catering, audio visual, staffing and cleaning.

 

The Tourism Administration Policy 2.1.6 Objective states the intent of the policy is to realise the benefits from tourism and provides guidelines on the support that the Shire of Broome will provide to the Broome Tourism Industry, which includes development and marketing of the Shire as a visitor’s destination. By hosting The 2017 WA Tourism Conference we would be supporting the development of Broome as a tourist destination.

 

The Shire of Broome would be recognised as a Platinum sponsor of the 2017 WA Regional Tourism Conference, which includes the following:

·    Three complimentary full conference registrations, plus three additional dinner tickets;

·    Verbal acknowledgement as Platinum Sponsor and Host City throughout the conference

·    Sponsor slide on PowerPoint with sole branding

·    Company profile and logo included in conference prospectus, distributed across WA tourism industry

·    Half page advert in conference program, distributed to every delegate at conference

·    Sole recognition as host and provider of Welcome Cocktail Function, including speaking opportunity

·    Placement at conference of two pull up banners

·    Logo at conference on sponsor pull up banner

·    Opportunity to host Welcome cocktail Function;

·    Opportunity for Shire President to provide a short address to open conference

·    A comprehensive marketing package to promote the town

·    Additional delegate tickets discounted by 20%

 

Broome Tourism organisations that provide support to the conference either through in-kind or cash sponsorship would be acknowledged at the 2017 WA Regional Tourism conference sponsorship package level equivalent to the level of contribution, which may include:

·    Logo recognition

·    Verbal acknowledgment during the conference

·    Pre conference promotion

·    Post conference promotion

 

It is estimated that the cost of hosting the 2017 WA Tourism Conference will be approximately $43,000.

 

Approach for sponsorship has been made to local tourism businesses to support the event by both in-kind or cash contributions and to date $22,000 has been committed.

 

Further sponsorship is proposed to be sought, however at this point in time Council is requested to consider providing $10,000 in cash and $11,000 in-kind support through the annual Tourism Initiative allocation for 2017/18 ($30,000 available).

 

Due to timing constraints (deadline for submissions were due on the 2 December 2016) the Shire of Broome has lodged a conditional Expression of Interest submission to the Tourism Council of WA, subject to Council endorsement. The Tourism Council of WA have endorsed this approach and understand that should Council choose not to proceed, the submission will be withdrawn.

 

CONSULTATION

 

Australia’s North West

Broome Visitors Centre

Cable Beach Club Broome

Mangrove Hotel

Broome International airport

Kimberley Port Authority

Broome Transit Services

Broome Tourism Leadership Group

Broome Chamber of Commerce and Industry

Australian Business Consulting and Solutions

 

 

STATUTORY ENVIRONMENT

 

Nil

 

POLICY IMPLICATIONS

 

Tourism Administration Policy 2.1.6

 

FINANCIAL IMPLICATIONS

 

It is estimated that the cost of hosting the 2017 WA Tourism Conference will be approximately $43,000. The Shire of Broome’s contribution would be $10,000 in cash and up to $11,000 through in kind support.

 

Major costs involved with the project are:

 

Anticipated Expenses

Expenditure

Cash sponsorship

$20,000

Conference Expenses

Civic Centre Venue hire - Including audio visual, staffing and cleaning

$11,000

Cocktail Function Catering and Beverage Expenses

$12,000

TOTAL

$43,000.00

 

Anticipated Income - Source

Cash

In-Kind

Broome international airport (TBC)

$5,000

 

AusIndustry Entrepreneurs Programme (TBC)

$5,000

 

Mangrove Hotel

 

$12,000

Shire of Broome

$10,000

$11,000

TOTAL

$20,000.00

$23,000.00

 

Approach for sponsorship has been made to local tourism businesses to support the event by both in-kind or cash contributions and to date $22,000 has been committed. Formal applications for further sponsorship would be made if the bid was successful.

 

The Shire contribution would come from the Tourism Administration Policy that has an amount of approximately $30,000 that is allocated to tourism project initiatives. A portion of these funds could be allocated towards hosting the 2017 WA Tourism Conference in the 2017/18 budget process.

 

RISK

 

The risk of proceeding with submitting an expression of interest are very low. The only consideration is the possibility of additional work load being created for the Shire of Broome personnel, however with good project planning this can be mitigated.

 

The risk of making the decision not to submit an Expression of Interest is that it could be perceived by the Broome Tourism Industry that the Shire of Broome is not fully supporting opportunities to promote the region to representatives of the WA tourism industry.

 

The financial risks are relatively low in comparison to the expected economic benefits to the region. This risk can be mitigated by actively engaging with the Broome Tourism Industry to obtain support in covering costs associated with hosting the event.

 

Allocating the Tourism Administration Policy funds to this project would see limited funds available for the support of additional projects or activities that have the objective of promoting tourism in the region during the 2017/18, financial year. In the 2016/17 budget, $20,000 of the Tourism Administration Policy funds were allocated to the Broome Tourism Leadership Group.

 

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:

 

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

 

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

 

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

 

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

 

Effective community engagement

 

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr H Tracey                                                 Seconded: Cr D Male

That Council:

1.       Endorses the Expression of Interest submission lodged with the Tourism Council of WA for the Shire of Broome to host the 2017 WA Tourism Conference.

2.       Acknowledges that if the Expression of Interest is successful Council will be required:

(a)    to allocate up to $10,000 cash contribution as part of the 2017/18 budget process through the Tourism Administration Policy GL Account 132060 for tourism initiatives; and

(b)    to consider in-kind contributions of up to $11,000 dependant on support and partnerships with local tourism operators.

CARRIED UNANIMOUSLY 7/0

 

Attachments

1.

Tourism Council of WA Invitation for Expression of Interest

2.

Tourism Council WA Expression of Interest

  


Item 9.3.3 - EXPRESSION OF INTEREST FOR 2017 WA REGIONAL TOURISM CONFERENCE

 

 

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9.4

 

Our Organisation

 

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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.


Minutes – Ordinary Meeting of Council 15 December 2016                                                         Page 590 of 591

 

9.4.1      MONTHLY PAYMENT LISTING - NOVEMBER 2016

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           FRE02

AUTHOR:                                                   Finance Officer - Creditors

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director Corporate Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    1 December 2016

 

SUMMARY:         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 November 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 November 2016.

 

CONSULTATION

 

Nil

 

STATUTORY ENVIRONMENT

 

Local Government (Financial Management) Regulations 1996

13.     Payments from municipal fund or trust fund by CEO, CEO’s duties as to etc.

(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; and

(c)        the date of the payment; and

(d)        sufficient information to identify the transaction.

 

 

(2)     A list of accounts for approval to be paid is to be prepared each month showing —

(a)        for each account which requires council authorisation in that month —

                            (i)        the payee’s name; and

                           (ii)        the amount of the payment; and

                          (iii)        sufficient information to identify the transaction; and

(b)        the date of the meeting of the council to which the list is to be presented.

(3)     A list prepared under subregulation (1) or (2) 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 and 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

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                              Seconded: Cr D Male

 

That Council records the accounts as paid under delegated authority for November 2016, totalling $3,720,061.23 as attached, covering:

 

·   EFT Vouchers 38097 – 38439 totalling $3,489,956.28;

·   Municipal Cheque Vouchers 57435– 57436 totalling $661.13;

·   Trust Cheque Vouchers 3427- 3427 totalling $6,552.14; and

·   Municipal Direct Debits DD21616.1– DD21698.29 totalling $222,891.68.

CARRIED UNANIMOUSLY 7/0

 

Attachments

1.

Payment Listing November2016

  


Item 9.4.1 - MONTHLY PAYMENT LISTING - NOVEMBER 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 - NOVEMBER  2016

 

MUNICIPAL ELECTRONIC TRANSFER - NOVEMBER  2016

 

EFT

Date

Name

Description

Amount

Del Auth

EFT38097

02/11/2016

WATER CORPORATION

Water charges- Various Shire sites

$11,893.38

AMFS

EFT38098

03/11/2016

ALISON LOUISE MORRIS

Reimbursal of expenses- Library

$136.03

AMFS

EFT38099

03/11/2016

ALPHONSE ROBIN BALACKY

Regional Resource Recovery Park- Cultural monitor fees

$255.00

AMFS

EFT38100

03/11/2016

ANDREW BENEDICT AUGUSTINE

Regional Resource Recovery Park- Cultural monitor fees

$255.00

AMFS

EFT38101

03/11/2016

AVERY AIRCONDITIONING PTY LTD

Air conditioning maintenance (RFT13-16)- KRO1

$1,190.00

AMFS

EFT38102

03/11/2016

BEST KIMBERLEY COMPUTING

Copier charges- IT

$141.75

AMFS

EFT38103

03/11/2016

BIDYADANGA COMMUNITY GENERAL STORE

Catering for Councillors, Staff and Community Members for OMC 29/09/2016- Governance

$255.50

AMFS

EFT38104

03/11/2016

BITUMEN SEALING SERVICES PTY LTD (BSS)

Sealing works (RFT 15-07)- Cape Leveque Road

$316,372.87

AMFS

EFT38105

03/11/2016

BMT CONSTRUCTIONS

Streeters Jetty Park maintenance & building maintenance - P&G & Museum

$2,665.91

AMFS

EFT38106

03/11/2016

BP CLEMENTSON STREET - BROOME AG

Weed & herbicide spraying- P&G

$638.70

AMFS

EFT38107

03/11/2016

BROLGA DEVELOPMENTS & CONSTRUCTION PTY LTD

Crossover Subsidy- Lot 430/41 Sariago

$515.00

AMFS

EFT38108

03/11/2016

BROOME CLARK RUBBER

General building maintenance- Staff Housing

$188.80

AMFS

EFT38109

03/11/2016

BROOME DOCTORS PRACTICE PTY LTD

Pre employment medical & vaccinations- HR

$286.00

AMFS

EFT38110

03/11/2016

BROOME FREIGHTLINES ( CTI ONTRAQ )

Freight expenses- Waste Management Facility

$1,458.85

AMFS

EFT38111

03/11/2016

BROOME REGIONAL VOLUNTEER BUSHFIRE BRIGADE

Prescribed burn- BRAC reserve

$800.00

AMFS

EFT38112

03/11/2016

BROOME SCOOTERS PTY LTD (KIMBERLEY MOWERS & SPARES)

Equipment replacement & spare parts- P&G & Depot

$1,127.00

AMFS

EFT38113

03/11/2016

BROOME SHIRE INSIDE STAFF SOCIAL CLUB

Shire Inside Social Club- Donation

$10,000.00

AMFS

EFT38114

03/11/2016

BROOME SMALL MAINTENANCE SERVICES

Building maintenance- Shire Office Haas St

$100.00

AMFS

EFT38115

03/11/2016

COLIN WILKINSON DEVELOPMENTS PTY LTD

Crossover Subsidy- 905/55 Sandpiper Avenue

$515.00

AMFS

EFT38116

03/11/2016

COMPUTER TRAINING AND DEVELOPMENT AUSTRALIA PTY LTD

Organisational training- HR

$2,866.90

AMFS

EFT38117

03/11/2016

CT MECHANICAL & SERVICES

Vehicle maintenance, service & repairs- Waste Management Facility

$3,308.50

AMFS

EFT38118

03/11/2016

D & K BOBCAT

Outsourced materials (RFQ15-45) 30.04.16- Waste Facility

$528.00

AMFS

EFT38119

03/11/2016

DANS QUALITY PAINTING & DECORATING PTY LTD

Painting & building maintenance- KRO2 & BRAC

$9,275.97

AMFS

EFT38120

03/11/2016

DJARINDJIN ABORIGINAL CORPORATION

Accommodation & meals for subcontractors- Works

$2,178.00

AMFS

EFT38121

03/11/2016

EEO SPECIALISTS PTY LTD

Organisational training- HR

$4,806.89

AMFS

EFT38122

03/11/2016

ERROL ROE

Regional Resource Recovery Park- Cultural monitor fees

$255.00

AMFS

EFT38123

03/11/2016

FLOWERS ON SAVILLE STREET

Flowers for birth of baby & Remembrance Day wreath- HR & Governance

$145.00

AMFS

EFT38124

03/11/2016

GHD PTY LTD

Ground water sampling (RFQ15-46)- Waste Management Facility

$3,080.00

AMFS

EFT38125

03/11/2016

HART SPORT

Netball bibs- BRAC

$351.10

AMFS

EFT38126

03/11/2016

HERBERT SMITH FREEHILLS

Legal expenses- Nyamba Buru Yawuri & RRRP

$18,412.97

AMFS

EFT38127

03/11/2016

HORIZON POWER (ELECTRICITY USAGE)

Electricity charges

$5,945.49

AMFS

EFT38128

03/11/2016

JEREMY JAMES HALL

Reimbursal of expenses & incidentals for Traditional Owners for RRRP Site A1- Waste

$702.99

AMFS

EFT38129

03/11/2016

KEITH R KELLY

Regional Resource Recovery Park- Cultural monitor fees

$255.00

AMFS

EFT38130

03/11/2016

KIMBERLEY BROOME PEST CONTROL

Pest control- Shire staff housing & Barker St office

$555.00

AMFS

EFT38131

03/11/2016

MARK JAMES DUDLEY

Reimbursal of expenses- HR & Building Services

$125.75

AMFS

EFT38132

03/11/2016

MCINTOSH & SON

Plant parts & repairs- Depot

$961.16

AMFS

EFT38133

03/11/2016

NORTH WEST COAST SECURITY

Security charges (RFT 15/05)- Various Shire sites

$7,829.26

AMFS

EFT38134

03/11/2016

NORTH WEST STRATA SERVICES (NWSS)

6 monthly admin/sink levy 01.10.16-31.03.17

$3,590.00

AMFS

EFT38135

03/11/2016

OAKS HOTELS & RESORTS - BROOME

Accommodation consultant- KRO & BRAC Aquatic Upgrade

$163.00

AMFS

EFT38136

03/11/2016

OHM ELECTRONICS

General building maintenance- BRAD

$132.00

AMFS

EFT38137

03/11/2016

PATRICK ISHIGUCHI

Regional Resource Recovery Park- Cultural monitor fees

$255.00

AMFS

EFT38138

03/11/2016

PETER WARIHANA

Refund- Building services

$125.00

AMFS

EFT38139

03/11/2016

PHILLIP ROE

Regional Resource Recovery Park- Cultural monitor fees

$255.00

AMFS

EFT38140

03/11/2016

PINDAN PRINTING BROOME WA

Office expenses- Library

$297.00

AMFS

EFT38141

03/11/2016

PMK WELDING & METAL FABRICATION

Operational expenses- Depot

$4,761.24

AMFS

EFT38142

03/11/2016

PRINTING IDEAS

Stationery- Governance

$1,560.37

AMFS

EFT38143

03/11/2016

ROADLINE CIVIL CONTRACTORS

Traffic management- Chinatown

$1,113.75

AMFS

EFT38144

03/11/2016

RODNEY DANIEL AUGUSTINE

Regional Resource Recovery Park- Cultural monitor fees

$255.00

AMFS

EFT38145

03/11/2016

RUSSELL MORRIS WILLIAMS

Regional Resource Recovery Park- Cultural monitor fees

$255.00

AMFS

EFT38146

03/11/2016

SALLY EATON

Reimbursement of expenses- Library

$334.00

AMFS

EFT38147

03/11/2016

SECUREX SECURITY PTY LTD

Security expenses- Property

$180.00

AMFS

EFT38148

03/11/2016

SHIRE OF DERBY/WEST KIMBERLEY

Member costs- Kimberley Zone

$646.05

AMFS

EFT38149

03/11/2016

ST JOHN AMBULANCE AUSTRALIA - BROOME

CPR Refresher course- BRAC

$300.00

AMFS

EFT38150

03/11/2016

TAPPED PLUMBING & GAS PTY LTD

Plumbing Works- BOSCCA, Lotteries House & KRO1

$1,686.61

AMFS

EFT38151

03/11/2016

TELSTRA

Phone charges

$546.19

AMFS

EFT38152

03/11/2016

VIVA ENERGY AUSTRALIA

Fuel card purchases From 01.10.16 to 15.10.16

$20.01

AMFS

EFT38153

03/11/2016

WELDING SOLUTIONS

Plant renewal (RFQ16-52)- Waste Management Facility

$44,569.91

AMFS

EFT38154

07/11/2016

BROOME SHIRE COUNCIL

BRB Commission- October 2016

$185.00

AMFS

EFT38155

07/11/2016

DEPARTMENT OF COMMERCE - BUILDING COMMISSION - INC BCITF

BRB Levy- October 2016

$6,066.74

AMFS

EFT38156

07/11/2016

BROOME SHIRE COUNCIL

BCITF Commission- October 2016

$132.00

AMFS

EFT38157

10/11/2016

ALPHONSE ROBIN BALACKY

Regional Resource Recovery Park- Cultural monitor fees

$1,110.00

AMFS

EFT38158

10/11/2016

ANDREW BENEDICT AUGUSTINE

Regional Resource Recovery Park- Cultural monitor fees

$1,110.00

AMFS

EFT38159

10/11/2016

ANDREW GEORGE AUGUSTINE

Regional Resource Recovery Park- Cultural monitor fees

$1,005.00

AMFS

EFT38160

10/11/2016

AUSTRALIA POST

Postage Charges- Period ending 31.10.16

$1,333.41

AMFS

EFT38161

10/11/2016

H & M TRACEY CONSTRUCTION PTY LTD

Crossover Subsidy- Lot 446/81 Tomarito Crescent

$515.00

AMFS

EFT38162

10/11/2016

HORIZON POWER (ELECTRICITY USAGE)

Electricity charges

$49,561.65

AMFS

EFT38163

10/11/2016

JAMES KELLY

Regional Resource Recovery Park- Cultural monitor fees

$2,355.00

AMFS

EFT38165

10/11/2016

KEITH R KELLY

Regional Resource Recovery Park- Cultural monitor fees

$1,995.00

AMFS

EFT38166

10/11/2016

MARK JAMES DUDLEY

Reimbursement of expenses- Development Services

$28.56

AMFS

EFT38167

10/11/2016

PATRICK ISHIGUCHI

Regional Resource Recovery Park- Cultural monitor fees

$2,100.00

AMFS

EFT38168

10/11/2016

PHILLIP AUGUSTINE

Regional Resource Recovery Park- Cultural monitor fees

$1,635.00

AMFS

EFT38169

10/11/2016

RAMESH NAGARAJAH SELLIAH

Reimbursement of expenses- Governance

$654.93

AMFS

EFT38170

10/11/2016

RODNEY DANIEL AUGUSTINE

Regional Resource Recovery Park- Cultural monitor fees

$975.00

AMFS

EFT38171

10/11/2016

RUSSELL MORRIS WILLIAMS

Regional Resource Recovery Park- Cultural monitor fees

$270.00

AMFS

EFT38172

10/11/2016

SALVATORE CONSTANTINO MASTROLEMBO

Reimbursement of expenses- Community Development

$4,620.33

AMFS

EFT38173

10/11/2016

SECUREPAY PTY LTD

Operational expenses- Civic Centre

$41.18

AMFS

EFT38174

10/11/2016

SHINJU MATSURI INC COMMITTEE

Sponsorship- Shinju Matsuri Art Prize

$8,800.00

AMFS

EFT38175

10/11/2016

SUSAN MARY MATHER

Rates refund due to overpayment for assessment A109379

$241.81

AMFS

EFT38176

10/11/2016

TELSTRA

Phone charges

$1,830.18

AMFS

EFT38177

10/11/2016

TOTAL EDEN PTY LTD

Reticulation parts, materials & consumables- P&G

$5,002.70

AMFS

EFT38178

10/11/2016

AFGRI EQUIPMENT AUSTRALIA PTY LTD

Vehicle part- Workshop

$342.12

AMFS

EFT38179

10/11/2016

AMO CONTRACTING

Footpath- Broome North

$4,767.40

AMFS

EFT38180

10/11/2016

ANSER GROUP PTY LTD

Public Utilities (Stewart St CAPEX )- Engineering

$8,778.00

AMFS

EFT38181

10/11/2016

AUSTRALASIAN PERFORMING RIGHTS ASSOC (APRA)

Operational expenses- Civic Centre

$503.28

AMFS

EFT38182

10/11/2016

AUTOPRO BROOME (Gaff Holdings Pty Ltd)

Tool replacement- Depot

$43.00

AMFS

EFT38183

10/11/2016

BITUMEN SEALING SERVICES PTY LTD (BSS)

Sealing works (RFT 15-07)- Cape Leveque Road

$176,027.99

AMFS

EFT38184

10/11/2016

BROOM TIME CLEANING

Cleaning services (RFT 12-09) Oct 16- Various Shire sites

$60,335.47

AMFS

EFT38185

10/11/2016

BROOME FRUIT & VEGES

Fruit & Veg- Youth Development Programme

$79.06

AMFS

EFT38186

10/11/2016

BROOME PROGRESSIVE SUPPLIES

Consumables & cleaning materials- Various Shire sites

$2,735.07

AMFS

EFT38187

10/11/2016

BROOME TREE & PALM SERVICE

Mulching (RFQ16-69)- P&G, Waste Management Facility

$9,702.00

AMFS

EFT38188

10/11/2016

CABLE BEACH ELECTRICAL SERVICE

Reticulation repairs (Haynes Oval)- P&G

$1,892.00

AMFS

EFT38189

10/11/2016

DJARINDJIN ABORIGINAL CORPORATION

Accommodation & meals- Works

$826.27

AMFS

EFT38190

10/11/2016

DYMOCKS HAY ST

Books- Library

$36.53

AMFS

EFT38191

10/11/2016

GOOLARRI MEDIA ENTERPRISES PTY LTD

Performance reimbursement- Civic Centre

$5,330.05

AMFS

EFT38192

10/11/2016

HERBERT SMITH FREEHILLS

Legal expenses (KRO 5,6,7)- Property

$3,001.69

AMFS

EFT38193

10/11/2016

HUTTON PLUMBING & GAS

New drinking fountain- Bedford Park

$550.00

AMFS

EFT38194

10/11/2016

IGA - SEAVIEW (BROOME INVESTMENT GROUP PTY LTD T/AS)

Daily newspapers- Library & Media

$110.35

AMFS

EFT38195

10/11/2016

J BLACKWOOD & SON T/AS BLACKWOODS

Vehicle maintenance, safety equipment & consumables- Works & Depot

$343.48

AMFS

EFT38196

10/11/2016

JAMES BENNETT PTY LIMITED

Books- Library

$426.83

AMFS

EFT38197

10/11/2016

JEREMY JAMES HALL

Reimbursement of expenses- Waste Management Facility

$346.43

AMFS

EFT38198

10/11/2016

JETRIDGE HOLDINGS PTY LTD

Drainage upgrade (Conti Foreshore:RFQ16-68)- Infrastructure

$50,681.52

AMFS

EFT38199

10/11/2016

JR & A HERSEY PTY LTD

Consumables- Workshop

$1,715.54

AMFS

EFT38200

10/11/2016

KIMBERLEY CLEANING & MAINTENANCE SERVICES PTY LTD

Cleaning- Cable beach toilet & KRO2

$880.00

AMFS

EFT38201

10/11/2016

KIMBERLEY GOLD PURE DRINKING WATER

Drinking water- Administration Office

$57.00

AMFS

EFT38202

10/11/2016

KIMBERLEY WASHROOM SERVICES

Sanitary waste removal- Various Shire sites

$780.00

AMFS

EFT38203

10/11/2016

KOMATSU AUSTRALIA PTY LTD

Vehicle parts- Workshop

$259.79

AMFS

EFT38204

10/11/2016

KOORI MAIL (THE NATIONAL INDIGENOUS NEWSPAPER)

Subscription- Library

$85.00

AMFS

EFT38205

10/11/2016

MERCURE HOTEL PERTH

Accommodation for SAT Mediation- Director Development Services

$360.00

AMFS

EFT38206

10/11/2016

MK ILLUMINATION

Christmas decorations- Events

$3,164.70

AMFS

EFT38207

10/11/2016

MOORE STEPHENS (WA) PTY LTD

Provision of support services in relation to the update of the Long Term Financial Plan ( RFQ 16-60)

$1,232.00

AMFS

EFT38208

10/11/2016

NORTH WEST COAST SECURITY

Security services (RFT 15/05)- Various Shire sites

$8,238.46

AMFS

EFT38209

10/11/2016

PHILLIP ROE

Regional Resource Recovery Park- Cultural monitor fees

$1,230.00

AMFS

EFT38210

10/11/2016

PRINTING IDEAS

Plant inspections books- Depot

$874.50

AMFS

EFT38211

10/11/2016

REEN AUTO ELECTRICS

Equipment & hardware- IT

$330.00

AMFS

EFT38212

10/11/2016

REGAL TRANSPORT

Freight- Workshop

$325.36

AMFS

EFT38213

10/11/2016

REPCO (EXEGO PTY LTD)

Consumables- Depot

$160.63

AMFS

EFT38214

10/11/2016

REWARD DISTRIBUTION & SUPPLY CO P/L

Crockery & glassware- Civic Centre

$1,665.63

AMFS

EFT38215

10/11/2016

ROEBUCK BAY HOTEL

Bar stock- Civic Centre

$294.51

AMFS

EFT38216

10/11/2016

ROEBUCK WELDING SERVICES

Vehicle maintenance- P&G

$385.00

AMFS

EFT38217

10/11/2016

ROSMECH SALES & SERVICE PTY LTD

Vehicle parts- Workshop

$896.75

AMFS

EFT38218

10/11/2016

SLATER & GARTRELL SPORTS

Sporting equipment- BRAC

$255.20

AMFS

EFT38219

10/11/2016

STANTONS INTERNATIONAL

Accounting services- KRO3

$3,899.34

AMFS

EFT38220

10/11/2016

TELSTRA

Phone charges

$35.00

AMFS

EFT38221

10/11/2016

TNT AUSTRALIA PTY LTD T/AS TNT EXPRESS

Freight- Depot & Health

$389.09

AMFS

EFT38222

10/11/2016

TOLL IPEC PTY LTD

Freight- BRAC

$25.71

AMFS

EFT38223

10/11/2016

VANDERFIELD PTY LTD

Vehicle maintenance- P&G

$1,899.69

AMFS

EFT38224

10/11/2016

SALARY & WAGES

Payroll S & W

$650.00

AMFS

EFT38225

10/11/2016

SALARY & WAGES

Payroll S & W

$488.45

AMFS

EFT38226

10/11/2016

AUSTRALIAN SERVICES UNION - WA BRANCH

Payroll deductions

$1,077.15

AMFS

EFT38227

10/11/2016

AUSTRALIAN TAXATION OFFICE

PAYG

$107,538.52

AMFS

EFT38228

10/11/2016

SALARY & WAGES

Payroll S & W

$611.30

AMFS

EFT38229

10/11/2016

BROOME SHIRE INSIDE STAFF SOCIAL CLUB

Payroll deductions

$820.00

AMFS

EFT38230

10/11/2016

BROOME SHIRE OUTDOOR STAFF SOCIAL CLUB

Payroll deductions

$740.00

AMFS

EFT38231

10/11/2016

SALARY & WAGES

Payroll S & W

$750.00

AMFS

EFT38232

10/11/2016

SALARY & WAGES

Payroll S & W

$666.44

AMFS

EFT38233

10/11/2016

CHILD SUPPORT AGENCY

Payroll deductions

$1,177.26

AMFS

EFT38234

10/11/2016

SALARY & WAGES

Payroll S & W

$600.00

AMFS

EFT38235

10/11/2016

SALARY & WAGES

Payroll S & W

$248.65

AMFS

EFT38236

10/11/2016

SALARY & WAGES

Payroll S & W

$370.77

AMFS

EFT38237

10/11/2016

SALARY & WAGES

Payroll S & W

$373.90

AMFS

EFT38238

10/11/2016

EXPRESS SALARY PACKAGING

Salary Packaging

$1,229.71

AMFS

EFT38239

10/11/2016

SALARY & WAGES

Payroll S & W

$420.00

AMFS

EFT38240

10/11/2016

SALARY & WAGES

Payroll S & W

$578.17

AMFS

EFT38241

10/11/2016

SALARY & WAGES

Payroll S & W

$410.00

AMFS

EFT38242

10/11/2016

SALARY & WAGES

Payroll S & W

$425.00

AMFS

EFT38243

10/11/2016

SALARY & WAGES

Payroll S & W

$357.50

AMFS

EFT38244

10/11/2016

LGRCEU

Payroll deductions

$19.40

AMFS

EFT38245

10/11/2016

SALARY & WAGES

Payroll S & W

$1,608.61

AMFS

EFT38246

10/11/2016

SALARY & WAGES

Payroll S & W

$250.00

AMFS

EFT38247

10/11/2016

SALARY & WAGES

Payroll S & W

$340.00

AMFS

EFT38248

10/11/2016

SALARY & WAGES

Payroll S & W

$259.27

AMFS

EFT38249

10/11/2016

SALARY & WAGES

Payroll S & W

$400.00

AMFS

EFT38250

10/11/2016

SALARY & WAGES

Payroll S & W

$201.10

AMFS

EFT38251

10/11/2016

SALARY & WAGES

Payroll S & W

$216.18

AMFS

EFT38252

10/11/2016

SALARY & WAGES

Payroll S & W

$300.00

AMFS

EFT38253

10/11/2016

SALARY & WAGES

Payroll S & W

$457.57

AMFS

EFT38254

10/11/2016

SALARY & WAGES

Payroll S & W

$662.65

AMFS

EFT38255

10/11/2016

HORIZON DESIGN

Concept drawings for proposed harbour facilities

$2,090.00

AMFS

EFT38256

10/11/2016

BROOME COMMONWEALTH TRADING BANK

Salary and wages pay period ending: 08.11.16

$321,890.00

AMFS

EFT38257

10/11/2016

DEPARTMENT OF TRANSPORT (REGISTRATION)

Registration John Deere Mower 1EMV062 & transfer fee- FESA vehicle

$92.15

AMFS

EFT38258

16/11/2016

12 MILE SHADE & CANVAS

Shade sail (Cygnet park)- P&G

$264.00

AMFS

EFT38259

16/11/2016

A.C.T. INDUSTRIAL PTY LTD

Hook lift bins- Waste Management Facility

$17,358.00

AMFS

EFT38260

16/11/2016

AVERY AIRCONDITIONING PTY LTD

Air Conditioning works (RFT 13-16)- Various Shire sites & Reclaimed refrigeration systems (RFQ 16-05)- Waste Management Facility

$5,125.97

AMFS

EFT38261

16/11/2016

BEINGTHERE SOLUTIONS PTY LTD

Video conferencing access- IT

$1,430.00

AMFS

EFT38262

16/11/2016

BEST KIMBERLEY COMPUTING

Copier charges- IT

$1,643.77

AMFS

EFT38263

16/11/2016

BJ DAVIES PLUMBING

Plumbing works- Works & P&G

$3,114.65

AMFS

EFT38264

16/11/2016

BLUE SEAS CLEANING SERVICES

Cleaning- BRAC

$1,485.00

AMFS

EFT38265

16/11/2016

BLUE TONGUE GARAGE DOORS

Repairs & remotes- Staff housing

$418.00

AMFS

EFT38266

16/11/2016

BRAINTREE COMMUNICATIONS PTY LTD

EFTPOS Delivery service- Waste Management Facility

$51.28

AMFS

EFT38267

16/11/2016

BRIDGESTONE AUSTRALIA LTD

Tyre service- P&G

$2,279.46

AMFS

EFT38268

16/11/2016

BROOME BUILDERS PTY LTD

Refund of building application fees- Development Services

$306.58

AMFS

EFT38269

16/11/2016

BROOME CLARK RUBBER

Pool maintenance- Shire Staff Housing

$75.00

AMFS

EFT38270

16/11/2016

BROOME DIESEL & HYDRAULIC SERVICE

Vehicle maintenance- Various Shire sites

$11,441.10

AMFS

EFT38271

16/11/2016

BROOME DOCTORS PRACTICE PTY LTD

Vaccinations- HR

$105.00

AMFS

EFT38272

16/11/2016

BROOME FRUIT & VEGES

Catering- Community Development

$60.63

AMFS

EFT38273

16/11/2016

BROOME PHARMACY

Safety equipment- Depot

$179.80

AMFS

EFT38274

16/11/2016

BROOME PLUMBING & GAS

Plumbing works- Cable Beach toilet, BRAC & Town Beach

$1,335.00

AMFS

EFT38275

16/11/2016

BT EQUIPMENT PTY LTD

Vehicle parts & maintenance- Waste Management Facility

$784.55

AMFS

EFT38276

16/11/2016

CABLE BEACH ELECTRICAL SERVICE

Electrical works- P&G & Works

$2,750.00

AMFS

EFT38277

16/11/2016

CABLE BEACH TYRE SERVICE PTY LTD T/AS BRIDGESTONE BROOME

Vehicle repairs- Workshop

$470.00

AMFS

EFT38278

16/11/2016

CITY OF SWAN

GIS Labour services- IT

$5,849.91

AMFS

EFT38279

16/11/2016

FIELD AIR CONDITIONING & AUTO ELECTRICAL PTY LTD

Vehicle repair- Workshop

$249.55

AMFS

EFT38280

16/11/2016

G & V ROBERTS PTY LTD

Freight- Waste Management Facility

$1,661.00

AMFS

EFT38281

16/11/2016

G. BISHOPS TRANSPORT SERVICES PTY LTD

Freight- Various Shire sites

$260.20

AMFS

EFT38282

16/11/2016

GITTCRETE

Concrete works- Waste Management Facility

$1,650.00

AMFS

EFT38283

16/11/2016

GRAYTILL

Twin Reel Smart Spray (RFQ 16-89)- Workshop

$4,055.70

AMFS

EFT38284

16/11/2016

HEAD OFFICE LANDGATE

Valuation expenses- Finance

$1,799.73

AMFS

EFT38285

16/11/2016

HERBERT SMITH FREEHILLS

Legal expenses- Nyamba Buru Yawuri & Finance

$19,169.34

AMFS

EFT38286

16/11/2016

HORIZON POWER (ELECTRICITY USAGE)

Electricity charges

$28,939.08

AMFS

EFT38287

16/11/2016

HORIZON POWER (SERVICE WORKS)

Reid Road lighting upgrade- Infrastructure

$67,738.61

AMFS

EFT38288

16/11/2016

JASON SIGNMAKERS

Signage maintenance- Works

$2,228.60

AMFS

EFT38289

16/11/2016

JULIE THOMAS

Town rubbish bag collection

$30.00

AMFS

EFT38290

16/11/2016

KIMBERLEY DISTRIBUTORS

Consumables & groceries- BRAC & Development Services

$198.72

AMFS

EFT38291

16/11/2016

KIMBERLEY GOLD PURE DRINKING WATER

Water supply- Administration Building

$57.00

AMFS

EFT38292

16/11/2016

KIMBERLEY KERBS

Kerbs & Kerbing maintenance- Works

$4,127.20

AMFS

EFT38293

16/11/2016

LANDMARK OPERATIONS LTD

Weed & herbicide spraying- P&G

$227.70

AMFS

EFT38294

16/11/2016

LEADING EDGE COMPUTERS

I phones & covers- IT

$4,173.95

AMFS

EFT38295

16/11/2016

MARKETFORCE

Advertising- Town Planning

$402.19

AMFS

EFT38296

16/11/2016

MCINTOSH & SON

Vehicle maintenance- Works

$1,127.78

AMFS

EFT38297

16/11/2016

MOORE EDUCATIONAL PTY LTD

Program materials- Library

$231.00

AMFS

EFT38298

16/11/2016

NEMBI RAGHUNATH

Bond refund- Staff rental

$252.93

AMFS

EFT38299

16/11/2016

NEVERFAIL SPRINGWATER LIMITED

Consumables- Depot

$60.85

AMFS

EFT38300

16/11/2016

NORTH WEST COAST SECURITY

Security services (RFT 15/05)- Various Shire sites

$8,990.86

AMFS

EFT38301

16/11/2016

NORTHWEST HYDRO SOLUTIONS (PATRICK ANNESLEY)

Fittings- Waste Management Facility

$1,798.56

AMFS

EFT38302

16/11/2016

OFFICEMAX AUSTRALIA LTD

Stationery- Administration Office

$1,761.46

AMFS

EFT38303

16/11/2016

OHM ELECTRONICS

Electrical repairs- Depot

$149.60

AMFS

EFT38304

16/11/2016

OHURA CONSULTING

EBA consultancy- HR

$2,597.95

AMFS

EFT38305

16/11/2016

PEARL COAST INDUSTRIAL RAGS

Rags- Depot

$219.50

AMFS

EFT38306

16/11/2016

PINDAN LABOUR SOLUTIONS PTY LTD (A DIVISION OF DFP RECRUITMENT)

Labour hire- Works

$3,195.43

AMFS

EFT38307

16/11/2016

PMK WELDING & METAL FABRICATION

Vehicle maintenance- P&G

$441.10

AMFS

EFT38308

16/11/2016

REDWAVE MEDIA PTY LTD

Advertising- Community Development & Civic Centre

$1,995.40

AMFS

EFT38309

16/11/2016

ROADLINE CIVIL CONTRACTORS

Traffic management- Works

$32,450.00

AMFS

EFT38310

16/11/2016

ROEBUCK TREE SERVICE

Tree removal- P&G

$1,125.00

AMFS

EFT38311

16/11/2016

ROYAL LIFE SAVING SOCIETY - WA

Lifeguard requalification- HR

$1,080.00

AMFS

EFT38312

16/11/2016

SUBWAY BROOME

Catering for CBP Workshop & OSH meeting- Office of the CEO & HR

$231.00

AMFS

EFT38313

16/11/2016

SUNNY SIGN COMPANY PTY LTD

Guide posts (Cape Leveque Road) & signs- Works, Depot & P&G

$5,062.20

AMFS

EFT38314

16/11/2016

TELSTRA

Phone charges

$296.97

AMFS

EFT38315

16/11/2016

TOLL IPEC PTY LTD

Freight- Depot

$29.87

AMFS

EFT38316

16/11/2016

TOTAL EDEN PTY LTD

Reticulation parts & maintenance consumables- P&G

$505.65

AMFS

EFT38317

16/11/2016

UDLA

Consultant Fees (RFQ 16-54)- Golf Club Reserve

$7,073.00

AMFS

EFT38318

16/11/2016

WILD MANGO CAFE

Catering- Various Shire sites

$790.50

AMFS

EFT38319

21/11/2016

BROOME SHIRE COUNCIL

Infringement 9425

$28.15

AMFS

EFT38320

22/11/2016

AUSTRALIAN COMMUNICATIONS & MEDIA AUTHORITY ( ACMA )

License renewal- Depot

$129.00

AMFS

EFT38321

22/11/2016

BROOME PRIMARY SCHOOL

Community sponsorship (2016/2017)- Community Development

$80.00

AMFS

EFT38322

22/11/2016

CABLE BEACH PRIMARY SCHOOL P & C

Community sponsorship (2016/2017)- Community Development

$1,000.00

AMFS

EFT38323

22/11/2016

HORIZON POWER (ELECTRICITY USAGE)

Electricity charges

$16,358.14

AMFS

EFT38324

22/11/2016

KYLE ANDREWS FOUNDATION INC

Community sponsorship (2016/2017)- Community Development

$809.60

AMFS

EFT38325

24/11/2016

AUSTRALIAN SERVICES UNION - WA BRANCH

Payroll deductions

$1,129.85

AMFS

EFT38326

24/11/2016

AARLI BAR

Catering- Arts, Culture Heritage Committee lunch

$120.00

AMFS

EFT38327

24/11/2016

ABLE ELECTRICAL (WA) PTY LTD

Electrical repairs- Infrastructure

$275.00

AMFS

EFT38328

24/11/2016

AIR LIQUIDE

Cylinder rental- Workshop

$22.81

AMFS

EFT38329

24/11/2016

ALETTA JOYCE NUGENT

Reimbursement of expenses- Development Services

$400.62

AMFS

EFT38330

24/11/2016

AVERY AIRCONDITIONING PTY LTD

Building maintenance- BRAC

$634.89

AMFS

EFT38331

24/11/2016

BOC LIMITED

Monthly Hire of Oxygen, Acetylene and Argon bottle 2016/2017- October 2016 GST Free

$101.49

AMFS

EFT38332

24/11/2016

BP BROOME CENTRAL & TYREPLUS BROOME

Unleaded fuel- Depot

$295.80

AMFS

EFT38333

24/11/2016

BRIDGESTONE AUSTRALIA LTD

Vehicle maintenance- P&G

$531.92

AMFS

EFT38334

24/11/2016

BROOME BOLT SUPPLIES WA PTY LTD

Equipment & vehicle maintenance- P&G & Works

$282.15

AMFS

EFT38335

24/11/2016

BROOME BUILDERS PTY LTD

Building maintenance & install kitchen- KRO2

$11,986.50

AMFS

EFT38336

24/11/2016

BROOME CLARK RUBBER

Pool maintenance- Shire Staff Housing & vehicle part- Works

$208.00

AMFS

EFT38337

24/11/2016

BROOME DOCTORS PRACTICE PTY LTD

Medical expense- Rangers

$90.00

AMFS

EFT38338

24/11/2016

BROOME FREIGHTLINES ( CTI ONTRAQ )

Freight- Works

$154.84

AMFS

EFT38339

24/11/2016

BROOME FRUIT & VEGES

Fruit & veg- Midnight basketball program

$25.75

AMFS

EFT38340

24/11/2016

BROOME MOTORS

Vehicle maintenance- P&G

$71.20

AMFS

EFT38341

24/11/2016

BROOME PLUMBING & GAS

Plumbing works- Various Shire sites

$1,145.00

AMFS

EFT38342

24/11/2016

BROOME RETRAVISION

Sundry equipment- BRAC

$24.99

AMFS

EFT38343

24/11/2016

BROOMECRETE

Footpath repairs- Old Broome & Roebuck Estate

$2,042.92

AMFS

EFT38344

24/11/2016

CARPET PAINT & TILE CENTRE

Capital Expense (RFQ 16-78) - KRO2

$19,591.00

AMFS

EFT38345

24/11/2016

CENTURION TRANSPORT

Freight- Library

$16.21

AMFS

EFT38346

24/11/2016

CLARK EQUIPMENT SALES PTY LTD

New machinery (RFQ 16/71)- Workshop

$77,577.50

AMFS

EFT38347

24/11/2016

COAST & COUNTRY ELECTRICS

Building maintenance- BRAC

$2,113.00

AMFS

EFT38348

24/11/2016

COLIN WILKINSON DEVELOPMENTS PTY LTD

BRAC Aquatic upgrade (RFT 16/09)- Progress Claim

$463,748.02

AMFS

EFT38349

24/11/2016

CRESTWEST PTY LTD

Rates refund due to overpayment for assessment A306396

$3,925.14

AMFS

EFT38350

24/11/2016

DS AGENCIES PTY LTD

Drink fountain- Solway Park

$8,547.00

AMFS

EFT38351

24/11/2016

FLEET LOGISTICS PTY LTD (EZY2C)

Subscription renewal- Depot

$371.69

AMFS

EFT38352

24/11/2016

LANDCORP

Consultancy expenses- Chinatown Revitalisation Project

$132,000.00

AMFS

EFT38354

24/11/2016

THE RETURNED & SERVICES LEAGUE OF AUSTRALIA

Rates refund due to overpayment for assessment A110080

$2,699.34

AMFS

EFT38355

24/11/2016

FIXIT BROOME

Building maintenance- Shire Administration Office & Library

$654.60

AMFS

EFT38356

24/11/2016

HERBERT SMITH FREEHILLS

Legal expenses- Broome Growth Plan & Yawuru participation

$13,062.09

AMFS

EFT38357

24/11/2016

IGA - SEAVIEW (BROOME INVESTMENT GROUP PTY LTD T/AS)

Daily newspaper- Library & Media

$234.40

AMFS

EFT38358

24/11/2016

IT VISION

Rates services contract (October 2016)- Rates

$3,368.75

AMFS

EFT38359

24/11/2016

KIMBERLEY CAMPING & OUTBACK SUPPLIES

Staff uniform- Works & Depot

$2,026.85

AMFS

EFT38360

24/11/2016

KIMBERLEY FUEL & OIL SERVICES

Oils- Depot

$688.78

AMFS

EFT38361

24/11/2016

KIMBERLEY QUARRY PTY LTD

Works maintenance- Stewart St, Denham Rd, Chinatown

$94,141.18

AMFS

EFT38362

24/11/2016

LAIRD TRAN STUDIO

Fitness Centre concept plans- BRAC

$1,815.00

AMFS

EFT38363

24/11/2016

MARKET CREATIONS

Consultant fees- Governance

$572.00

AMFS

EFT38364

24/11/2016

MARKETFORCE

Advertising expense- Town Planning & Governance

$702.35

AMFS

EFT38365

24/11/2016

MCCORRY BROWN EARTHMOVING PTY LTD

Grader Hire (RFT 14/16)- Cape Leveque Road, Mulching (RFQ15-45) & Machinery hire- Infrastructure

$28,306.50

AMFS

EFT38366

24/11/2016

MCLEODS BARRISTERS & SOLICITORS

Legal expenses- Development Services (recoupable)

$1,632.37

AMFS

EFT38367

24/11/2016

MCMULLEN NOLAN GROUP PTY LTD (MNG)

Surveying (RFQ16-61)- Waste Management Facility, Works & Cemetery

$4,230.05

AMFS

EFT38368

24/11/2016

MOORE STEPHENS (WA) PTY LTD

Auditing (RFT 15/06)- Finance

$2,200.00

AMFS

EFT38369

24/11/2016

ROTARY CLUB OF BROOME

Community Sponsorship (2016/2017)- Office of the CEO

$2,000.00

AMFS

EFT38370

24/11/2016

ESPLANADE HOTEL FREMANTLE - BY RYDGES

Accommodation- Shire Staff

$737.00

AMFS

EFT38371

24/11/2016

JULIE THOMAS

Town rubbish bag collection

$75.00

AMFS

EFT38372

24/11/2016

KIMBERLEY GROUP TRAINING (KGT)

Apprentice wages- Workshop

$1,479.59

AMFS

EFT38373

24/11/2016

NORTH WEST COAST SECURITY

Security expenses- Civic Centre

$356.40

AMFS

EFT38374

24/11/2016

NORTHWEST HYDRO SOLUTIONS (PATRICK ANNESLEY)

Reticulation parts- P&G

$4,358.72

AMFS

EFT38375

24/11/2016

NS PROJECTS PTY LTD

Tender, design & disbursements (RFT15-04)- KRO3 & Construction (RFT15-04)- BRAC Aquatic Upgrade

$13,886.86

AMFS

EFT38376

24/11/2016

OAKS SANCTUARY RESORT CABLE BEACH

Accommodation- BRAC Project team meeting

$140.00

AMFS

EFT38377

24/11/2016

OFFICE NATIONAL BROOME

Minor asset purchase, Stationery, Copier charges- Various Shire sites

$1,493.42

AMFS

EFT38378

24/11/2016

PARKER BLACK & FORREST PTY LTD

Operational expenses & building maintenance- Civic Centre & BRAC

$458.70

AMFS

EFT38379

24/11/2016

PMK WELDING & METAL FABRICATION

Trailer repairs- Workshop

$701.47

AMFS

EFT38380

24/11/2016

PRINTING IDEAS

Stationery- HR

$1,320.00

AMFS

EFT38381

24/11/2016

REGAL TRANSPORT

Freight- Workshop

$249.02

AMFS

EFT38382

24/11/2016

REGIONAL ARTS VICTORIA

Performance fees- Civic Centre

$1,144.00

AMFS

EFT38383

24/11/2016

RUNWAY BAR & RESTAURANT

Catering for OMC 27/10/2016 & Midnight Basketball launch

$720.00

AMFS

EFT38384

24/11/2016

SEAT ADVISOR PTY LTD

Operational expenses- Civic Centre- Ticket sale commission

$584.44

AMFS

EFT38385

24/11/2016

SECUREX SECURITY PTY LTD

Swipe cards- HR

$120.00

AMFS

EFT38386

24/11/2016

STANTONS INTERNATIONAL

Probity services- Special Projects

$1,757.80

AMFS

EFT38387

24/11/2016

SUNNY SIGN COMPANY PTY LTD

Signage maintenance- Stewart St

$587.40

AMFS

EFT38388

24/11/2016

SURF LIFE SAVING WESTERN AUSTRALIA

Beach Lifeguard Services (RFT 16/03)- BRAC

$36,073.22

AMFS

EFT38389

25/11/2016

SALARY & WAGES

Payroll S & W

$650.00

AMFS

EFT38390

25/11/2016

SALARY & WAGES

Payroll S & W

$488.45

AMFS

EFT38391

25/11/2016

AUSTRALIAN TAXATION OFFICE

PAYG

$109,899.25

AMFS

EFT38392

25/11/2016

SALARY & WAGES

Payroll S & W

$611.30

AMFS

EFT38393

25/11/2016

SALARY & WAGES

Payroll S & W

$750.00

AMFS

EFT38394

25/11/2016

SALARY & WAGES

Payroll S & W

$666.44

AMFS

EFT38395

25/11/2016

SALARY & WAGES

Payroll S & W

$600.00

AMFS

EFT38396

25/11/2016

SALARY & WAGES

Payroll S & W

$248.65

AMFS

EFT38397

25/11/2016

SALARY & WAGES

Payroll S & W

$370.77

AMFS

EFT38398

25/11/2016

SALARY & WAGES

Payroll S & W

$373.90

AMFS

EFT38399

25/11/2016

SALARY & WAGES

Payroll S & W

$420.00

AMFS

EFT38400

25/11/2016

SALARY & WAGES

Payroll S & W

$578.17

AMFS

EFT38401

25/11/2016

SALARY & WAGES

Payroll S & W

$410.00

AMFS

EFT38402

25/11/2016

SALARY & WAGES

Payroll S & W

$425.00

AMFS

EFT38403

25/11/2016

SALARY & WAGES

Payroll S & W

$357.50

AMFS

EFT38404

25/11/2016

SALARY & WAGES

Payroll S & W

$1,608.61

AMFS

EFT38405

25/11/2016

SALARY & WAGES

Payroll S & W

$250.00

AMFS

EFT38406

25/11/2016

SALARY & WAGES

Payroll S & W

$340.00

AMFS

EFT38407

25/11/2016

SALARY & WAGES

Payroll S & W

$259.27

AMFS

EFT38408

25/11/2016

SALARY & WAGES

Payroll S & W

$400.00

AMFS

EFT38409

25/11/2016

SALARY & WAGES

Payroll S & W

$201.10

AMFS

EFT38410

25/11/2016

SALARY & WAGES

Payroll S & W

$108.09

AMFS

EFT38411

25/11/2016

SALARY & WAGES

Payroll S & W

$300.00

AMFS

EFT38412

25/11/2016

SALARY & WAGES

Payroll S & W

$457.57

AMFS

EFT38413

25/11/2016

SALARY & WAGES

Payroll S & W

$662.65

AMFS

EFT38414

25/11/2016

AUSTRALIAN SERVICES UNION - WA BRANCH

Payroll deductions

$1,050.80

AMFS

EFT38415

25/11/2016

BROOME SHIRE INSIDE STAFF SOCIAL CLUB

Payroll deductions

$800.00

AMFS

EFT38416

25/11/2016

BROOME SHIRE OUTDOOR STAFF SOCIAL CLUB

Payroll deductions

$760.00

AMFS

EFT38417

25/11/2016

CHILD SUPPORT AGENCY

Payroll deductions

$1,177.26

AMFS

EFT38418

25/11/2016

LGRCEU

Payroll deductions

$19.40

AMFS

EFT38419

25/11/2016

EXPRESS SALARY PACKAGING

Salary Packaging

$1,208.80

AMFS

EFT38420

25/11/2016

BROOME COMMONWEALTH TRADING BANK

Payroll S & W

$319,065.00

AMFS

EFT38421

25/11/2016

BROOME SOCCER ASSOCIATION

Refund of key deposit

$100.00

AMFS

EFT38422

25/11/2016

HEAD FIRST ACROBATS

Performers- Civic Centre

$5,523.10

AMFS

EFT38423

25/11/2016

HEAD OFFICE LANDGATE

Landgate SLIP Subscription Service- IT

$2,468.40

AMFS

EFT38424

25/11/2016

NORTH WEST LOCKSMITHS

Spare keys- Depot & Waste Management Facility

$93.50

AMFS

EFT38425

25/11/2016

PEARL TOWN BUS SERVICE

Bus hire- Civic Centre

$400.00

AMFS

EFT38426

25/11/2016

TALIS CONSULTANTS

Consultancy services (RFQ15-37) & Site investigation (RFQ 16-80)- Waste Management Facility

$78,996.53

AMFS

EFT38427

25/11/2016

TANGEE PTY LTD

Corporate gifts- Media

$736.00

AMFS

EFT38428

25/11/2016

TELSTRA

Phone charges

$8,695.36

AMFS

EFT38429

25/11/2016

TOXFREE

Kerbside waste collections & waste services (RFT 14/01)- Various Shire sites

$89,927.66

AMFS

EFT38430

25/11/2016

UNBOUND SOUND

Equipment- Civic Centre

$100.00

AMFS

EFT38431

25/11/2016

WA HINO

Hino 500 Series- Workshop

$202,637.61

AMFS

EFT38432

25/11/2016

WEST AUSTRALIAN NEWSPAPERS

Advertising & promotions- Media, Civic Centre & Infrastructure

$6,830.90

AMFS

EFT38433

25/11/2016

WESTERN DIAGNOSTIC PATHOLOGY

Drug & alcohol testing & Staff training- HR

$2,662.95

AMFS

EFT38434

29/11/2016

BROOME FIRST NATIONAL REAL ESTATE

Staff Housing

$1,677.85

AMFS

EFT38435

29/11/2016

BUNNINGS BROOME

Consumables- Various Shire sites

$1,548.47

AMFS

EFT38436

29/11/2016

COLES SUPERMARKETS - CHINATOWN, S324

Consumables- Various Shire sites

$762.54

AMFS

EFT38437

29/11/2016

MCLEODS BARRISTERS & SOLICITORS

Legal Expenses- Broome Airport parking

$1,294.79

AMFS

EFT38438

29/11/2016

NORTH WEST REGIONAL DEVELOPMENTS PTY LTD

Rates refund due to overpayment for assessment A306416

$495.70

AMFS

EFT38439

29/11/2016

NORTHWEST SHEDMASTERS

Community storage facility (RFT 16-10)- Special Projects

$36,500.00

AMFS

MUNICIPAL ELECTRONIC FUNDS TRANSFER TOTAL:

$3,489,956.28

 

MUNICIPAL CHEQUES - NOVEMBER 2016

Cheque

Date

Name

Description

Amount

Del Auth

57435

09/11/2016

BROOME SHIRE COUNCIL

Library petty cash (27.10.16- 29.10.16)

$35.78

AMFS

57436

09/11/2016

BROOME SHIRE COUNCIL

Admin petty cash (13.10.16- 01.11.16)

$625.35

AMFS

MUNICIPAL CHEQUES TOTAL:

$661.13

TRUST CHEQUES - NOVEMBER 2016

Cheque

Date

Name

Description

Amount

Del Auth

3427

07/11/2016

BUILDING & CONSTRUCTION INDUSTRY TRAINING FUND

BCITF Levy- October 2016

$6,552.14

AMFS

TRUST CHEQUES TOTAL:

$6,552.14

 

MUNICIPAL DIRECT DEBIT/CREDIT CARD PAYMENTS - NOVEMBER  2016

DD#

Date

Name

Description

Amount

Del Auth

DD21616.1

08/11/2016

SUPERANNUATION

Superannuation contributions

$1,288.43

AMFS

DD21617.1

08/11/2016

SUPERANNUATION

Superannuation contributions

$61,151.29

AMFS

DD21617.2

08/11/2016

SUPERANNUATION

Superannuation contributions

$759.53

AMFS

DD21617.3

08/11/2016

SUPERANNUATION

Superannuation contributions

$80.27

AMFS

DD21617.4

08/11/2016

SUPERANNUATION

Superannuation contributions

$609.41

AMFS

DD21617.5

08/11/2016

SUPERANNUATION

Superannuation contributions

$281.73

AMFS

DD21617.6

08/11/2016

SUPERANNUATION

Superannuation contributions

$419.75

AMFS

DD21617.7

08/11/2016

SUPERANNUATION

Superannuation contributions

$1,469.38

AMFS

DD21617.8

08/11/2016

SUPERANNUATION

Superannuation contributions

$1,267.30

AMFS

DD21617.9

08/11/2016

SUPERANNUATION

Superannuation contributions

$601.02

AMFS

DD21669.1

01/11/2016

QANTAS AIRWAYS

Flights- Shire Staff

$3,430.00

AMFS

DD21669.2

22/11/2016

LOCAL GOVERNMENT MANAGERS AUSTRALIA WA

LGMA Conference Fee- Office of the CEO

$1,500.00

AMFS

DD21669.3

15/11/2016

AUSTRALIA POST

Corporate Firearms License- Rangers

$189.00

AMFS

DD21669.4

01/11/2016

FACEBOOK

Facebook advertising- Civic Centre & Media

$211.52

AMFS

DD21669.5

01/11/2016

NATIONAL GEOGRAPHIC SOCIETY

National Geographic subscription- Library

$75.00

AMFS

DD21669.6

01/11/2016

DEPARTMENT OF RACING, GAMING & LIQUOR

Occasional Liquor License- Civic Centre

$53.00

AMFS

DD21669.7

01/11/2016

JB HI-FI GROUP PTY LTD

Life proof iPad cases- Health

$369.80

AMFS

DD21669.8

01/11/2016

VIRGIN AUSTRALIA

Flights- Shire Staff & HR Trainers

$1,595.48

AMFS

DD21669.9

01/11/2016

QUEST WEST PERTH

Accommodation- Shire Staff

$450.66

AMFS

DD21691.1

23/11/2016

WESTERN AUSTRALIAN TREASURY CORPORATION

Loan No. 194 Fixed Component - BRAC Oval Pavilion

$63,442.38

AMFS

DD21698.1

22/11/2016

SUPERANNUATION

Superannuation contributions

$62,091.31

AMFS

DD21698.2

22/11/2016

SUPERANNUATION

Superannuation contributions

$782.11

AMFS

DD21698.3

22/11/2016

SUPERANNUATION

Superannuation contributions

$75.07

AMFS

DD21698.4

22/11/2016

SUPERANNUATION

Superannuation contributions

$609.17

AMFS

DD21698.5

22/11/2016

SUPERANNUATION

Superannuation contributions

$281.73

AMFS

DD21698.6

22/11/2016

SUPERANNUATION

Superannuation contributions

$419.75

AMFS

DD21698.7

22/11/2016

SUPERANNUATION

Superannuation contributions

$1,463.08

AMFS

DD21698.8

22/11/2016

SUPERANNUATION

Superannuation contributions

$1,426.49

AMFS

DD21698.9

22/11/2016

SUPERANNUATION

Superannuation contributions

$601.02

AMFS

DD21617.10

08/11/2016

SUPERANNUATION

Superannuation contributions

$292.95

AMFS

DD21617.11

08/11/2016

SUPERANNUATION

Superannuation contributions

$352.84

AMFS

DD21617.12

08/11/2016

SUPERANNUATION

Superannuation contributions

$343.13

AMFS

DD21617.13

08/11/2016

SUPERANNUATION

Superannuation contributions

$277.75

AMFS

DD21617.14

08/11/2016

SUPERANNUATION

Superannuation contributions

$559.29

AMFS

DD21617.15

08/11/2016

SUPERANNUATION

Superannuation contributions

$479.98

AMFS

DD21617.16

08/11/2016

SUPERANNUATION

Superannuation contributions

$283.12

AMFS

DD21617.17

08/11/2016

SUPERANNUATION

Superannuation contributions

$394.62

AMFS

DD21617.18

08/11/2016

SUPERANNUATION

Superannuation contributions

$240.93

AMFS

DD21617.19

08/11/2016

SUPERANNUATION

Superannuation contributions

$758.09

AMFS

DD21617.20

08/11/2016

SUPERANNUATION

Superannuation contributions

$314.92

AMFS

DD21617.21

08/11/2016

SUPERANNUATION

Superannuation contributions

$848.86

AMFS

DD21617.22

08/11/2016

SUPERANNUATION

Superannuation contributions

$316.87

AMFS

DD21617.23

08/11/2016

SUPERANNUATION

Superannuation contributions

$486.27

AMFS

DD21617.24

08/11/2016

SUPERANNUATION

Superannuation contributions

$918.38

AMFS

DD21617.25

08/11/2016

SUPERANNUATION

Superannuation contributions

$334.72

AMFS

DD21617.26

08/11/2016

SUPERANNUATION

Superannuation contributions

$137.30

AMFS

DD21617.27

08/11/2016

SUPERANNUATION

Superannuation contributions

$269.95

AMFS

DD21669.10

01/11/2016

PETALS NETWORK PTY LTD

Condolence flowers- Office of the CEO

$115.90

AMFS

DD21669.11

01/11/2016

DROPBOX

Dropbox professional upgrade- IT

$139.00

AMFS

DD21698.10

22/11/2016

SUPERANNUATION

Superannuation contributions

$292.95

AMFS

DD21698.11

22/11/2016

SUPERANNUATION

Superannuation contributions

$879.60

AMFS

DD21698.12

22/11/2016

SUPERANNUATION

Superannuation contributions

$492.79

AMFS

DD21698.13

22/11/2016

SUPERANNUATION

Superannuation contributions

$377.24

AMFS

DD21698.14

22/11/2016

SUPERANNUATION

Superannuation contributions

$277.75

AMFS

DD21698.15

22/11/2016

SUPERANNUATION

Superannuation contributions

$559.29

AMFS

DD21698.16

22/11/2016

SUPERANNUATION

Superannuation contributions

$479.98

AMFS

DD21698.17

22/11/2016

SUPERANNUATION

Superannuation contributions

$283.12

AMFS

DD21698.18

22/11/2016

SUPERANNUATION

Superannuation contributions

$70.62

AMFS

DD21698.19

22/11/2016

SUPERANNUATION

Superannuation contributions

$394.62

AMFS

DD21698.20

22/11/2016

SUPERANNUATION

Superannuation contributions

$240.93

AMFS

DD21698.21

22/11/2016

SUPERANNUATION

Superannuation contributions

$206.75

AMFS

DD21698.22

22/11/2016

SUPERANNUATION

Superannuation contributions

$283.07

AMFS

DD21698.23

22/11/2016

SUPERANNUATION

Superannuation contributions

$848.86

AMFS

DD21698.24

22/11/2016

SUPERANNUATION

Superannuation contributions

$302.71

AMFS

DD21698.25

22/11/2016

SUPERANNUATION

Superannuation contributions

$486.27

AMFS

DD21698.26

22/11/2016

SUPERANNUATION

Superannuation contributions

$917.23

AMFS

DD21698.27

22/11/2016

SUPERANNUATION

Superannuation contributions

$322.44

AMFS

DD21698.28

22/11/2016

SUPERANNUATION

Superannuation contributions

$106.70

AMFS

DD21698.29

22/11/2016

SUPERANNUATION

Superannuation contributions

$209.21

AMFS

MUNICIPAL DIRECT DEBIT TOTAL:

$222,891.68

MUNICIPAL ELECTRONIC TRANSFER TOTAL

$3,489,956.28

MUNICIPAL CHEQUES TOTAL

$661.13

TRUST CHEQUE TOTAL

$6,552.14

MUNICIPAL DIRECT DEBIT/ CREDIT CARD TOTAL

$222,891.68

TOTAL PAYMENTS - NOVEMBER 2016

$3,720,061.23

Key for Delegation of Authority:

CEO

Chief Executive Officer

AMFS

Manager Financial Services

AMFS

Acting Manager Financial Services

DCS

Director Corporate Services

 


Minutes – Ordinary Meeting of Council 15 December 2016                                                         Page 610 of 611

 

9.4.2      MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT NOVEMBER 2016

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           FRE02

AUTHOR:                                                   Coordinator Financial Operations 

CONTRIBUTOR/S:                                    Acting Manager Financial Services

RESPONSIBLE OFFICER:                          Director Corporate Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    2 December 2016

 

SUMMARY:         Council is required by legislation to consider and adopt the Monthly Statement of Financial Activity Report for the period ended 30 November 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                       41.92%

Total Rates Raised Revenue            100% (of which 71.57% has been paid)

Total Other Operating Revenue     59%

Total Operating Expenditure           47%

Total Capital Revenue                      32%   

Total Capital Expenditure                 17%

Total Sale of Assets Revenue          48%

 

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 2017.

 

Budget amendments have occurred since the adoption of the budget, which include the adoption of the Annual Financial Statements and the recommendations for the use of identified surplus funds. These recommendations were adopted by Council on 27 October 2016 The results of the first quarter finance and costing review (FACR) was adopted by Council on 24 November 2016 resulting in a surplus forecast financial  position to 30 June 2017 of $18,271.

 

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 toin 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.

* Absolute majority required.

 

(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 —

(a)        pursuant to subsection (1)(a), it is to be included in the annual budget for that financial year; and

(b)        pursuant to subsection (1)(c), it is to be reported to the next ordinary meeting of the council.

 

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 Reviews 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

 

Council Resolution:

(Report Recommendation)

Moved: Cr D Male                                                    Seconded: Cr C Mitchell

That Council:

1.       Adopts the Monthly Financial Activity Report for the period ended 30 November 2016; and

2.       Receives the General Fund Summary of Financial Activity (Schedules 2-14) for the period ended 30 November 2016.

CARRIED UNANIMOUSLY 7/0

 

Attachments

1.

2016-17 Monthly Statement of Financial Activity - November 2016

2.

Summary Schedule

3.

SCH 3 - 14

  


Item 9.4.2 - MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT NOVEMBER 2016

 

 

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Minutes – Ordinary Meeting of Council 15 December 2016                                                         Page 728 of 729

9.4.3      OBJECTION TO THE RATE RECORD - NON-RATEABLE LAND UNDER SECTION 6.26(2)(G) - RATES EXEMPTION APPLICATION 2014/2015 - THE RETURNED & SERVICES LEAGUE OF AUSTRALIA

This item is located in these Minutes under Section 14, Matters To Be Discussed Behind Closed Doors.

 


Minutes – Ordinary Meeting of Council 15 December 2016                                                         Page 729 of 730

9.4.4      OBJECTION TO THE RATE RECORD - NON-RATEABLE LAND UNDER SECTION 6.26(2)(G) - RATES EXEMPTION APPLICATION 2014/2015 - TRUSTEES OF THE GRAND LODGE OF WA

This item is located in these Minutes under Section 14, Matters To Be Discussed Behind Closed Doors.

 


Minutes – Ordinary Meeting of Council 15 December 2016                                                         Page 730 of 731

9.4.5      OBJECTION TO THE RATE RECORD - NON-RATEABLE LAND UNDER SECTION 6.26(2)(G) - RATES EXEMPTION APPLICATIONS 2015/2016 AND 2016/2017 - NYAMBA BURU YAWURU LIMITED

This item is located in these Minutes under Section 14, Matters To Be Discussed Behind Closed Doors.

 


Minutes – Ordinary Meeting of Council 15 December 2016                                                         Page 731 of 732

 

9.4.6      INTEGRATED PLANNING AND REPORTING FRAMEWORK - STRATEGIC COMMUNITY PLAN AND CORPORATE BUSINESS PLAN REVIEW

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           ADM20

AUTHOR:                                                   Manager Governance

CONTRIBUTOR/S:                                    Director Corporate Services

RESPONSIBLE OFFICER:                          Director Corporate Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    28 November 2016

 

 SUMMARY:        Council is requested to consider the adoption of the Shire of Broome’s Strategic Community Plan 2017-2027 and Corporate Business Plan 2017-2021.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 7 September 2004                  Item 9.1.3

OMC 30 November 2004                 Item 9.1.5

OMC 15 February 2007                     Item 9.1.2

OMC 5 July 2007                                Item 9.1.2

OMC 17 February 2011                     Item 9.1.2

OMC 7 July 2011                                Item 9.2.1

SMC 27 June 2013                             Item 9.1.1

OMC 17 October 2013                     Item 9.4.4

SMC 19 February 2015                      Item 6.4.1

OMC 30 June 2016                            Item 9.4.7      

 

All Local Governments in Western Australia are required to develop a Plan for the Future as prescribed under Section 5.56(1) of the Local Government Act 1995. In 2011, amendments were made to the Local Government (Administration) Regulations 1996, specifically the inclusion of regulation 19BA which in summary states that a Plan for the Future is to incorporate a Strategic Community Plan (SCP) and a Corporate Business Plan (CBP).

 

The SCP provides the long term view (10 plus year timeframe) for the Shire and sets out the vision, aspirations and objectives of the community. Council adopted the initial Strategic Community Plan 2013-2023 at a Special Meeting of Council held 27 June 2013. 

 

Regulation 19C(4) of the Local Government (Administration) Regulations 1996 requires the SCP to be reviewed at least every 4 years. It is noted that the Department of Local Government and Communities’ Integrated Planning and Reporting Framework and Guidelines include a minor (desktop) review every two years. The desktop review was undertaken in late 2014/2015, with Council adopting the reviewed documents at a Special Meeting of Council held 19 February 2015.

 

The CBP is responsible for translating the strategic direction of the Shire, articulated within the SCP, into specific priorities and actions at an operational level. The CBP also draws together actions contained within the Long Term Financial Plan (LTFP), Capital Works Programs and various informing strategies. It provides a medium term snapshot of operational actions and priorities to inform the annual planning and budgeting process. The CBP is required to be reviewed annually in line with the budget process to ensure priorities are achievable and effectively timed. As part of this review consideration has been given to the LTFP. 

 

COMMENT

 

A workshop to review the Strategic Community Plan 2015-2025 was held with Councillors and Executive Management on Saturday 17 September 2016. Councillors Johnston, Tracey, Fairborn, Fryer, Male and Mitchell were in attendance.

 

At the workshop Councillors reviewed the:

 

·    Vision and Objectives/Strategic Goals – People, Place, Prosperity and Organisation;

·    Outcomes and Strategies;

·    Long Term Financial Plan and current projects; and

·    Results of the community consultation undertaken to inform the full review.

 

Based on Community feedback, the following new Strategies have been included:

 

          1.2.3 – Advocate for the development of aged care facilities and services

          1.4.4 – Advocate for and promote regional sporting events and competitions.

 

Some minor amendments were made to the wording of the current Objectives, Outcomes and Strategies. Where the desired Outcome was considered part of an already defined broader Outcome, the Outcome was removed and associated Strategies realigned accordingly. 

 

A workshop to review the CBP was held on 20 October 2016 with Executive and staff. The CBP has been reviewed to accommodate the changes that have occurred during the review of the SCP. The Actions contained within the CBP guide the organisation towards achieving the strategic Objectives, Outcomes and Strategies listed within the SCP.

 

The draft Strategic Community Plan 2017-2027 and the Corporate Business Plan 2017-2021 were presented to Council at a workshop held 24 November 2016. Councillors Johnston, Tracey, Foy, Fryer and Mitchell were in attendance.  

 

In line with the principles of the Integrated Planning Framework, the Shire of Broome’s informing strategies are continually under review with full regard for Council’s LTFP.

 

Both the Strategic Community Plan 2017 – 2027 and the Corporate Business Plan 2017- 2021 are proposed to be effective 1 July 2017, with the CBP informing the annual budget process. It must be noted that budget allocations are only formally endorsed through the adoption of the annual budget.

 

The LTFP has been reviewed with consideration for the revised SCP and CBP. The LTFP has been balanced with the intent to reduce the reliance on Reserve Funding, to fund in the first instance, the Shire’s Capital Renewal program. Funding of renewal expenditure through Municipal Funds provides for long term financial viability. In order to balance the LTFP, and ensure financial sustainability into the future, an annual rates increase of 1.0% per annum above inflation has been incorporated.

 

Capital projects whose funding model has included developer contributions via the Developer Contribution Plan have also been scheduled to occur after the 24/25 financial year due to the uncertainty surrounding the amount of developer contribution funds available in the earlier years of the plan. The Chief Executive Officer will provide further reports to Council to address savings and assumptions informing the Annual Budget process.

 

CONSULTATION

 

An invitation to participate in the review of the Strategic Community Plan was distributed via a postcard mail out to non-resident ratepayers and local residents. The community were invited to share their visions and aspirations for the future by completing either a paper or online survey. They were also requested to indicate their current levels of satisfaction with services and facilities, along with their views of the importance of the services and facilities. The review was advertised in the Broome Advertiser, the Shire of Broome website (with a link to the online survey) and notices were placed on the Administration and Library Notice Boards. 

 

Emails advising of the review and attaching a copy of the public notice were forwarded to the communities of Ardyaloon, Beagle Bay, Bidyadanga, Djarindjin and Lombadina.

 

A Community Workshop was held on Thursday 8 September and an information stand was set up at the Boulevard Shopping Centre on Saturday 10 September. Staff were in attendance to assist with any questions and to provide printed copies of the survey.

 

The feedback from the Community consultation was taken into consideration during the review of the SCP.

 

Extensive community consultation was undertaken during the year as part of the development of the Broome Growth Plan. Results of this engagement were taken into consideration in the development of the Strategic Community Plan 2017-2027 to maximise the alignment of the Broome Growth Plan and the SCP.

 

Consultant – Moore Stephens (WA) Pty Ltd

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

 

5.56.     Planning for the future

             (1) A local government is to plan for the future of the district.

             (2) A local government is to ensure that plans made under subsection (1) are in                  accordance with any regulations made about planning for the future of the                        district.

             [Section 5.56 inserted by No. 49 of 2004 s. 42(6).]

 

Local Government (Administration) Regulations 1996

 

19BA.   Terms used

             In this Part —

             corporate business plan means a plan made under regulation 19DA that, together              with a strategic community plan, forms a plan for the future of a district made in              accordance with section 5.56;

             strategic community plan means a plan made under regulation 19C that, together              with a corporate business plan, forms a plan for the future of a district made in              accordance with section 5.56.

             [Regulation 19BA inserted in Gazette 26 Aug 2011 p. 3482-3.]

 

19CA.    Information about modifications to certain plans to be included (Act s. 5.53(2)(i))

      (1)     This regulation has effect for the purposes of section 5.53(2)(i).

      (2)     If a modification is made during a financial year to a local government’s strategic community plan, the annual report of the local government for the financial year is to contain information about that modification.

      (3)     If a significant modification is made during a financial year to a local government’s corporate business plan, the annual report of the local government for the financial year is to contain information about that significant modification.

               [Regulation 19CA inserted in Gazette 26 Aug 2011 p. 3483.]

19C.  Strategic community plans, requirements for (Act s. 5.56)

      (1)     A local government is to ensure that a strategic community plan is made for its district in accordance with this regulation in respect of each financial year after the financial year ending 30 June 2013.

      (2)     A strategic community plan for a district is to cover the period specified in the plan, which is to be at least 10 financial years.

      (3)     A strategic community plan for a district is to set out the vision, aspirations and objectives of the community in the district.

      (4)     A local government is to review the current strategic community plan for its district at least once every 4 years.

      (5)     In making or reviewing a strategic community plan, a local government is to have regard to —

                 (a)     the capacity of its current resources and the anticipated capacity of its future resources; and

                 (b)     strategic performance indicators and the ways of measuring its strategic performance by the application of those indicators; and

                 (c)     demographic trends.

      (6)     Subject to subregulation (9), a local government may modify its strategic community plan, including extending the period the plan is made in respect of.

      (7)     A council is to consider a strategic community plan, or modifications of such a plan, submitted to it and is to determine* whether or not to adopt the plan or the modifications.

               *Absolute majority required.

      (8)     If a strategic community plan is, or modifications of a strategic community plan are, adopted by the council, the plan or modified plan applies to the district for the period specified in the plan.

      (9)     A local government is to ensure that the electors and ratepayers of its district are consulted during the development of a strategic community plan and when preparing modifications of a strategic community plan.

    (10)     A strategic community plan for a district is to contain a description of the involvement of the electors and ratepayers of the district in the development of the plan or the preparation of modifications of the plan.

               [Regulation 19C inserted in Gazette 26 Aug 2011 p. 3483-4.]

19DA.         Corporate business plans, requirements for (Act s. 5.56)

      (1)     A local government is to ensure that a corporate business plan is made for its district in accordance with this regulation in respect of each financial year after the financial year ending 30 June 2013.

      (2)     A corporate business plan for a district is to cover the period specified in the plan, which is to be at least 4 financial years.

      (3)     A corporate business plan for a district is to —

               (a)    set out, consistently with any relevant priorities set out in the strategic community plan for the district, a local government’s priorities for dealing with the objectives and aspirations of the community in the district; and

               (b)    govern a local government’s internal business planning by expressing a local government’s priorities by reference to operations that are within the capacity of the local government’s resources; and

               (c)    develop and integrate matters relating to resources, including asset management, workforce planning and long‑term financial planning.

      (4)     A local government is to review the current corporate business plan for its district every year.

      (5)     A local government may modify a corporate business plan, including extending the period the plan is made in respect of and modifying the plan if required because of modification of the local government’s strategic community plan.

      (6)     A council is to consider a corporate business plan, or modifications of such a plan, submitted to it and is to determine* whether or not to adopt the plan or the modifications.

*Absolute majority required.

      (7)     If a corporate business plan is, or modifications of a corporate business plan are, adopted by the council, the plan or modified plan applies to the district for the period specified in the plan.

               [Regulation 19DA inserted in Gazette 26 Aug 2011 p. 3484-5.]

19DB.         Transitional provisions for plans for the future until 30 June 2013

      (1)     In this regulation —

               former regulation 19C means regulation 19C as in force immediately before 26 August 2011 and continued under subregulation (2);

               former regulation 19D means regulation 19D as in force immediately before 26 August 2011;

               plan for the future means a plan for the future of its district made by a local government in accordance with former regulation 19C.

      (2)     Except as stated in this regulation, former regulation 19C continues to have effect on and after 26 August 2011 until this regulation expires under subregulation (7).

      (3)     A local government is to ensure that a plan for the future applies in respect of each financial year before the financial year ending 30 June 2014.

      (4)     A local government is not required to review a plan for the future under former regulation 19C(4) on or after 26 August 2011.

      (5)     If, for the purposes of complying with subregulation (3), a local government makes a new plan for the future, local public notice of the adoption of the plan is to be given in accordance with former regulation 19D.

      (6)     If a local government modifies a plan for the future under former regulation 19C(4), whether for the purposes of complying with subregulation (3) or otherwise —

                 (a)     the local government is not required to comply with former regulation 19C(7) or (8) in relation to the modifications of the plan; and

                 (b)     local public notice of the adoption of the modifications of the plan is to be given in accordance with former regulation 19D.

      (7)     This regulation expires at the end of 30 June 2013.

               [Regulation 19DB inserted in Gazette 26 Aug 2011 p. 3485-6.]

19D.  Adoption of plan, public notice of to be given

      (1)     After the adoption of a strategic community plan, or modifications of a strategic community plan, under regulation 19C, the local government is to give local public notice in accordance with subregulation (2).

      (2)     The local public notice is to contain —

                 (a)     notification that —

                               (i)     a strategic community plan for the district has been adopted by the council and is to apply to the district for the period specified in the plan; and

                              (ii)     details of where and when the plan may be inspected;

                           or

                 (b)     where a strategic community plan for the district has been modified —

                               (i)     notification that the modifications to the plan have been adopted by the council and the plan as modified is to apply to the district for the period specified in the plan; and

                              (ii)     details of where and when the modified plan may be inspected.

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

The CBP is designed to deliver on the Outcomes and Strategies identified in the SCP. The LTFP has been amended and takes into consideration the reviewed documents. The revised financial schedule forms Attachment 3 to this report. The key assumption that differs from Council’s adopted LTFP is an annual rates increase of 1.0% per annum above inflation, as opposed to the original 5.0%. The revised document includes reviewed allocations towards asset management and a reduced reliance on Reserve funding towards asset renewal expenditure. Capital projects whose funding model has included developer contributions via the Developer Contribution Plan have also been scheduled to occur after the 24/25 financial year due to the uncertainty surrounding the amount of developer contribution funds available in the earlier years of the plan. The assumptions proposed in the LTFP will ensure that financial sustainability for the Shire is maintained in the longer term.

 

Whilst the LTFP is one of the main drivers and guides the annual budget process, it does not preclude the need for Council to formally adopt the annual budget each year.

 

RISK

 

Regulation 19C(4) of the Local Government (Administration) Regulations 1996 requires a Local Government to review the current Strategic Community Plan for its district at least once every four years. As the original Strategic Community Plan 2013-2023 was adopted by Council at a Special Meeting of Council held 27 June 2013 the risk of non compliance with legislation is low as this review has been undertaken within the four year timeframe.

 

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

 

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

 

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

 

Absolute Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                              Seconded: Cr D Male

That Council:

1.       Adopts the Shire of Broome Strategic Community Plan 2017-2027 as attached;

2.       Adopts the Shire of Broome Corporate Business Plan 2017-2021 as attached;

3.       Provides Local Public Notice of the adoption of the reviewed plans; and

4.       Notes the revised Long Term Financial Plan schedule as attached, and supports the implementation of the adjusted document.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 7/0

 

Attachments

1.

Draft Strategic Community Plan 2017-2027

2.

Draft Corporate Business Plan 2017-2021

3.

Shire of Broome Long Term Financial Plan Extract

  


Item 9.4.6 - INTEGRATED PLANNING AND REPORTING FRAMEWORK - STRATEGIC COMMUNITY PLAN AND CORPORATE BUSINESS PLAN REVIEW

 

 

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Item 9.4.6 - INTEGRATED PLANNING AND REPORTING FRAMEWORK - STRATEGIC COMMUNITY PLAN AND CORPORATE BUSINESS PLAN REVIEW

 

 

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Minutes – Ordinary Meeting of Council 15 December 2016                                                         Page 804 of 805

 

9.4.7      DRAFT POLICY - PROCUREMENT VIA PANELS OF PRE-QUALIFIED SUPPLIERS

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           ADM28

AUTHOR:                                                   Manager Governance

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director Corporate Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    25 November 2016

 

SUMMARY:         Council adopts policies for the efficient and effective administration of their Local Government.

The purpose of this report is to seek Council’s adoption of a proposed new Policy – Procurement Via Panels of Prequalified Suppliers.

 

 

BACKGROUND

 

Previous Considerations

 

Nil

 

The Local Government (Functions and General) Regulations 1996 (Regulations) were amended effective 1 October 2015. 

 

A significant amendment to these Regulations provided for Local Governments to establish panels of prequalified suppliers for goods and services.  A new division, Division 3 – Panels of pre-qualified suppliers, was inserted prescribing the local government’s statutory obligations should it wish to establish a Panel.

 

Local Governments are only able to establish panels of prequalified suppliers where a Policy has been implemented which ensures legislative compliance and ongoing management of panels when in operation.  The Policy is required to outline how the panel will operate; how each supplier will be invited to quote; communication with the panel; and the recording and retention of quotes and purchases from suppliers.

 

The Department of Local Government and Communities Circular No 16-2015 provides the following information in relation to Panels of pre-qualified suppliers.

 

“In establishing a panel, persons are to be publicly invited to apply.  State-wide public notice is required and it must be open for at least 14 days following the first notice (not including the advertisement’s publishing date).

 

There is a range of detailed information that needs to be made available about the proposed panel including: the written policy; details of how the panel will operate; the period for which the panel will be established; and the number of suppliers the local government intends to appoint to the panel.

 

Once a panel has been established, local governments may enter into a contract (or contracts) with any of the pre-qualified suppliers.  However the contract(s) cannot exceed 12 months and cannot contain an option to renew or extend its term.  If it is expected that a contract is to exceed 12 months the particular goods or service should be put to tender.”

 

COMMENT

 

The proposed policy will enable the Shire to establish panels where it is considered there is, or will be, a continuing need for particular goods and services to be supplied by pre-qualified suppliers. It will remove the requirement of having to go to Tender on each occasion, and therefore reduce the administrative burden of undertaking individual tenders, whilst ensuring compliance with legislation.

 

The draft policy has been prepared based on the Western Australian Local Government Association’s template document with minor amendments.

 

The Policy’s content is summarised as follows:

 

1.       Details of the requirements for the establishment of panels via a public tender in           accordance with Regulations;

2.       Details of the process for the distribution of work amongst all panel members;

3.       Details of how Shire Officers will purchase through the Panel; and

4.       Details of the record keeping requirements for ongoing management and           accountability.

 

CONSULTATION

 

Western Australian Local Government Association.

 

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.

               [Section 2.7 amended by No. 17 of 2009 s. 4.]

 

Local Government (Functions and General) Regulations 1996

11.          When tenders have to be publicly invited

(1)     Tenders are to be publicly invited according to the requirements of this Division         before a local government enters into a contract for another person to supply goods or services if the consideration under the contract is, or is expected to be, more, or   worth more, than $150 000 unless subregulation (2) states otherwise.

(2)     Tenders do not have to be publicly invited according to the requirements of this        Division if —

         (a)     the supply of the goods or services is to be obtained from expenditure               authorised in an emergency under section 6.8(1)(c) of the Act; or

         (b)     the supply of the goods or services is to be obtained through the WALGA                    Preferred Supplier Program; or

      [(ba)     deleted]

         (c)     within the last 6 months —

                                      (i)      the local government has, according to the requirements of this Division, publicly invited tenders for the supply of the goods or services but no     tender was submitted that met the tender specifications or satisfied the      value for money assessment; or

                                      (ii)      the local government has, under regulation 21(1), sought expressions of    interest with respect to the supply of the goods or services but no person      was, as a result, listed as an acceptable tenderer;

                           or

         (d)     the contract is to be entered into by auction after being expressly authorised            by a resolution of the council of the local government; or

         (e)     the goods or services are to be supplied by or obtained through the                             government of the State or the Commonwealth or any of its agencies, or by a                    local government or a regional local government; or

       (ea)     the goods or services are to be supplied —

                                      (i)      in respect of an area of land that has been incorporated in a district as a           result of an order made under section 2.1 of the Act changing the    boundaries of the district; and

                                      (ii)      by a person who, on the commencement of the order referred to in           subparagraph (i), has a contract to supply the same kind of goods or        services to the local government of the district referred to in that   subparagraph;

                           or

           (f)     the local government has good reason to believe that, because of the unique          nature of the goods or services required or for any other reason, it is unlikely that                there is more than one potential supplier; or

         (g)     the goods to be supplied under the contract are —

                                      (i)      petrol or oil; or

                                      (ii)      any other liquid, or any gas, used for internal combustion engines;

                           or

          (h)     the following apply —

                                      (i)      the goods or services are to be supplied by a person registered on the           Aboriginal Business Directory WA published by the Small Business        Development Corporation established under the Small Business       Development Corporation Act 1983; and

                                      (ii)      the consideration under the contract is $250 000 or less, or worth $250 000           or less; and

                                      (iii)     the local government is satisfied that the contract represents value for      money;

                           or

           (i)     the goods or services are to be supplied by an Australian Disability Enterprise; or

           (j)     the contract is a renewal or extension of the term of a contract (the original    contract) where —

           (i)     the original contract was entered into after the local government, according to       the requirements of this Division, publicly invited tenders for the supply of goods                  or services; and

                                      (ii)      the invitation for tenders contained provision for the renewal or extension          of a contract entered into with a successful tenderer; and

                                      (iii)     the original contract contains an option to renew or extend its term; and

                                      (iv)    the supplier’s tender included a requirement for such an option and           specified the consideration payable, or the method by which the     consideration is to be calculated, if the option were exercised;

                           or

          (k)     the goods or services are to be supplied by a pre‑qualified supplier under                   Division 3.

 

Division 3 — Panels of pre‑qualified suppliers

[Heading inserted in Gazette 18 Sep 2015 p. 3808.]

24AA.    Terms used

In this Division —

panel of pre‑qualified suppliers means a panel of pre‑qualified suppliers of goods or services established in accordance with this Division;

pre‑qualified supplier, of particular goods or services, means a person who is part of a panel of pre‑qualified suppliers for the supply of those goods or services.

[Regulation 24AA inserted in Gazette 18 Sep 2015 p. 3808.]

24AB.     Local government may establish panels of pre‑qualified suppliers

A local government may establish a panel of pre‑qualified suppliers to supply particular goods or services to the local government in accordance with this Division.

[Regulation 24AB inserted in Gazette 18 Sep 2015 p. 3808.]

24AC.    Requirements before establishing panels of pre‑qualified suppliers

(1)     A local government must not establish a panel of pre‑qualified suppliers unless —

         (a)     it has a written policy that makes provision in respect of the matters set out in    subregulation (2); and

         (b)     the local government is satisfied that there is, or will be, a continuing need for            the particular goods or services to be supplied by pre‑qualified suppliers.

(2)     The matters referred to in subregulation (1)(a) are —

         (a)     how the local government will procure goods or services from pre‑qualified      suppliers, including any process for obtaining quotations from them; and

         (b)     how the local government will ensure that each pre‑qualified supplier on a       panel of pre‑qualified suppliers will be invited to quote for the supply of the                 goods or services that the pre‑qualified suppliers will be expected to supply;             and

         (c)     how the local government will ensure clear, consistent and regular                      communication between the local government and pre‑qualified suppliers;               and

         (d)     any factors that the local government will take into account when distributing work among pre‑qualified suppliers; and

         (e)     the recording and retention of written information, or documents, in respect           of —

                                      (i)      all quotations received from pre‑qualified suppliers; and

                                      (ii)      all purchases made from pre‑qualified suppliers.

               [Regulation 24AC inserted in Gazette 18 Sep 2015 p. 3808‑9.]

24AD.    Requirements when inviting persons to apply to join panel of pre‑qualified suppliers

(1)     If a local government decides to establish a panel of pre‑qualified suppliers of particular goods or services, persons are to be publicly invited to apply to join the    panel.

(2)     Statewide public notice of the invitation to apply to join a panel of pre‑qualified        suppliers is to be given.

(3)     The local government must, before applications to join a panel of pre‑qualified         suppliers for particular goods or services are publicly invited, determine in writing the      criteria for deciding which applications should be accepted.

(4)     A notice under subregulation (2) is to include —

         (a)     a brief description of the goods or services that persons on the panel of             pre‑qualified suppliers will be expected to supply; and

         (b)     particulars identifying a person from whom more detailed information about              the proposed panel of pre‑qualified suppliers of particular goods or services            may be obtained; and

         (c)     information as to where and how applications to join the panel of pre‑qualified         suppliers may be submitted; and

         (d)     the date and time after which applications to join the panel of pre‑qualified     suppliers cannot be submitted.

(5)     In subregulation (4)(b) a reference to detailed information about a proposed panel of pre‑qualified suppliers of particular goods or services includes a reference to —

          (a)     the local government’s written policy referred to in regulation 24AC(1)(a); and

         (b)     such information as the local government decides should be disclosed to those        interested in applying to join the panel; and

         (c)     detailed specifications of the goods or services that pre‑qualified suppliers on            the panel will be expected to supply; and

         (d)     the criteria for deciding which applications to join the panel should be               accepted; and

         (e)     an explanation of how the panel will operate; and

           (f)     whether or not the local government intends to purchase the goods or services        exclusively from pre‑qualified suppliers on the panel; and

         (g)     a statement to the effect that there is no guarantee that the local government         will purchase goods or services from pre‑qualified suppliers on the panel; and

          (h)     the period for which the panel will be established; and

           (i)     the number of pre‑qualified suppliers the local government intends to put on             the panel.

(6)     After a notice has been given under subregulation (2), a local government may vary         the information referred to in subregulations (4) and (5) by taking reasonable steps to      give each person who has sought detailed information about the proposed panel or         each person who has submitted an application, as the case may be, notice of the       variation.

               [Regulation 24AD inserted in Gazette 18 Sep 2015 p. 3809‑10.]

 

24AE.     Minimum time to be allowed for submitting application to join panel of pre‑qualified suppliers

If notice under regulation 24AD(2) is given, the date and time referred to in regulation 24AD(4)(d) has to be at least 14 days after the notice is first published in the newspaper circulating generally throughout the State.

               [Regulation 24AE inserted in Gazette 18 Sep 2015 p. 3810.]

 

24AF.     Procedure for receiving and opening applications

Regulation 16 applies to the receiving and opening of applications to join a panel of pre‑qualified suppliers as if a reference in that regulation to a tender were a reference to an application to join a panel of pre‑qualified suppliers.

               [Regulation 24AF inserted in Gazette 18 Sep 2015 p. 3810.]

24AG.    Information about panels of pre‑qualified suppliers to be included in tenders register

(1)     The tenders register kept under these regulations must include, for each invitation to           apply to join a panel of pre‑qualified suppliers —

          (a)     a brief description of the goods or services persons on the panel will be                        expected to supply; and

          (b)     a copy of the notice of the invitation to apply to join the panel; and

          (c)     the name of each applicant whose application has been opened; and

          (d)     the name of any successful applicant.

(2)     The tenders register is to include for each invitation to apply to join a panel of   pre‑qualified suppliers the pricing schedule, or a summary of the amount of the    consideration sought, in the applications accepted by the local government.

               [Regulation 24AG inserted in Gazette 18 Sep 2015 p. 3811.]

24AH.     Rejecting and accepting applications to join panel of pre‑qualified suppliers

(1)     An application to join a panel of pre‑qualified suppliers (an application) is required to        be rejected unless it is submitted at a place, and within the time, specified in the    invitation for applications to join the panel.

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

(3)     Applications that have not been rejected under subregulation (1) or (2) are to be           assessed by the local government by means of a written evaluation of the extent to           which each application satisfies the criteria for deciding which applications to           accept and it is to decide which of them (if any) it thinks it would be most      advantageous to the local government to accept.

(4)     To assist the local government in deciding whether an application would be           advantageous to it to accept, the person who submitted the application may be           requested to clarify the information provided in it.

(5)     The local government may decline to accept any application.

               [Regulation 24AH inserted in Gazette 18 Sep 2015 p. 3811.]

24AI.      Applicants to be notified of outcome

After the local government has decided under regulation 24AH which applications (if any) it will accept, the CEO is to give each person who submitted an application notice in writing advising —

          (a)     that the person’s application was accepted and that the person is, for the                  period specified in the notice, to be part of a panel of pre‑qualified suppliers of                  the particular goods or services; or

          (b)     that the person’s application was not accepted.

               [Regulation 24AI inserted in Gazette 18 Sep 2015 p. 3812.]

24AJ.     Contracts with pre‑qualified suppliers

(1)     The local government may enter into a contract, or contracts, for the supply of         goods or services with a pre‑qualified supplier who is part of a panel of pre‑qualified   suppliers for the supply of those particular goods or services.

(2)     A contract referred to in subregulation (1) must not —

          (a)     be for a term exceeding 12 months; or

          (b)     contain an option to renew or extend its term.

               [Regulation 24AJ inserted in Gazette 18 Sep 2015 p. 3812.]

 

POLICY IMPLICATIONS

 

Policy 2.3.7 - Purchasing

Policy 1.2.1 – Policy Manual, Council Policies

 

FINANCIAL IMPLICATIONS

 

Nil

 

RISK

 

If Council resolve not to adopt the Policy, it will eliminate the Shire’s ability to establish Panels.  This will potentially result in delays in delivering programmes due to the requirement to go to Tender on each occasion.  

 

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

 

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

 

Affordable and equitable services and infrastructure

 

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

 

An organisational culture that strives for service excellence

 

Responsible resource allocation

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                              Seconded: Cr H Tracey

That Council adopts Policy – Procurement Via Panels of Pre-Qualified Suppliers as attached.

CARRIED UNANIMOUSLY 7/0

 

Attachments

1.

Draft Policy - Procurement Via Panels of Pre-Qualified Suppliers

  


Item 9.4.7 - DRAFT POLICY - PROCUREMENT VIA PANELS OF PRE-QUALIFIED SUPPLIERS

 

 

CEO & GOVERNANCE                                                    X.X.XX

Governance

TITLE:

PROCUREMENT VIA PANELS OF PREQUALIFIED SUPPLIERS

ADOPTED:

OMC……………………….. – Pages

REVIEWED:

OMC……………………….. – Pages

OMC……………………….. – Pages

OMC……………………….. – Pages

OMC……………………….. – Pages

ASSOCIATED LEGISLATION:

Local Government Act 1995

Local Government (Functions and General) Regulations 1996

ASSOCIATED DOCUMENTS:

Policy 1.2.9 Local Regional Price Preference

Policy 2.3.7 Purchasing

REVIEW RESPONSIBILITY:

Procurement Coordinator

DELEGATION:

 

Previous Policy Number X.X.X

 

Objective:

 

The objective of this Policy is to set out how the Shire of Broome may create panels in instances where goods or services are required on a continuing basis from multiple suppliers.

In accordance with Regulation 24AC of the Local Government (Functions and General) Regulations 1996, a Panel of Pre-qualified Suppliers (“Panel”) may be created where most of the following factors apply:

·   the Shire is satisfied that there is, or will be, a continuing need for the particular goods or services to be supplied by pre-qualified suppliers;

·   the Panel will streamline and will improve procurement processes; and

·   the Shire has the capability to establish, manage the risks and achieve the benefits expected of the proposed Panel.

Policy:

1.1     Establishing a Panel

Should the Shire determine that a Panel is beneficial to be created, it must do so in accordance with Part 4, Division 3 the Local Government (Functions and General) Regulations 1996.

Panels may be established for one supply requirement, or a number of similar supply requirements under defined categories within the Panel.

Panels may be established for a minimum of two (2) years and for a maximum length of time deemed appropriate by the Shire.

Where a Panel is to be established, the Shire will endeavour to appoint at least three (3) suppliers to each category, on the basis that best value for money is demonstrated.  Where less than two (2) suppliers are able to be appointed to each category within the Panel, the category is not to be established.

Each invitation to apply to join a panel of pre-qualified suppliers must be in accordance with Regulation 24AD.

In each invitation the Shire must state the expected number of suppliers it intends to put on the panel.  The Shire must also state the evaluation criteria by which applications will be assessed and accepted.

Should a Panel member leave a ranked Panel, they may be replaced by the next ranked Panel member determined in the value for money assessment should the supplier agree to do so, with this intention to be disclosed in the detailed information set out under Regulation 24AD(5)(d) and (e) when establishing the Panel.

1.2     Distributing Work Amongst Panel Members

When establishing a Panel of pre-qualified suppliers, the detailed information associated with each invitation to apply to join the Panel must either prescribe whether the Shire intends to:

·        Obtain quotations from each pre-qualified supplier on the Panel with respect   to all purchases; or

·        Purchase goods and services exclusively from any pre-qualified supplier   appointed to that Panel, and under what circumstances; or

·        Develop a ranking system for selection to the Panel.

In considering the distribution of work among Panel members, the detailed information must also prescribe whether:

a)      each Panel member will have the opportunity to bid for each item of work       under the Panel, with pre-determined evaluation criteria forming part of the    invitation to quote to assess the suitability of the supplier for particular items of     work.  Contracts under the pre-qualified panel will be awarded on the basis of        value for money in accordance with the Purchasing Thresholds stated in the      Shire’s Procurement Policy 2.3.7; or

b)      work will be awarded on a ranked basis, which is to be stipulated in the detailed           information set out under Regulation 24AD(5)(f) when establishing the Panel.     The Shire is to invite the highest ranked Panel member, who is to give written          notice as to       whether to accept the offer for the work to be undertaken.        Should the offer be declined, an invitation to the next ranked Panel member is       to be made and so forth until a Panel member accepts a Contract. Should the          list of Panel members invited be exhausted with no Panel member accepting         the offer to provide goods/services under the Panel, the Shire may then invite           suppliers that are not pre-qualified under the Panel, in accordance with the     Purchasing Thresholds stated in the Shire’s Procurement Policy 2.3.7.  When a      ranking system is established, the Panel must not operate for a period    exceeding 12 months.

In every instance, a contract must not be formed with a pre-qualified supplier for a period exceeding 12 months, or contain an option to renew or extend its term.

 Purchasing from the Panel

The invitation to apply to be considered to join a panel of pre-qualified suppliers must state whether quotations are either to be invited from every member (within each category, if applicable) of the Panel for each purchasing requirement, whether a ranking system is to be established, or otherwise.

Each quotation process, including the invitation to quote, communications with panel members, quotations received, evaluation of quotes and notification of award communications must all be captured on the Shire’s electronic records system. 

Recordkeeping

Records of all communications with Panel members, with respect to the quotation process and all subsequent purchases made through the Panel, must be kept in accordance with the State Records Act 2000 (WA) and the Shire’s Policy 1.2.10 – Records Management.

Information with regards to the Panel offerings, including details of suppliers appointed to the Panel, must be kept up to date, consistent and made available for access by all officers and employees of the Shire.


Minutes – Ordinary Meeting of Council 15 December 2016                                                         Page 814 of 815

 

9.4.8      PUBLIC HEALTH ACT 2016 - UPDATE AND DELEGATION OF POWER TO APPOINT AUTHORISED OFFICERS

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           ACT18

AUTHOR:                                                   Manager Emergency, Health and Ranger Services

CONTRIBUTOR/S:                                    Environmental Health Coordinator

RESPONSIBLE OFFICER:                          Director Development Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    25 November 2016

 

SUMMARY:         The Public Health Act 2016 received Royal Assent on 25 July 2016. The Act will replace the outdated Health Act 1911 and is designed to better protect and promote the health of all Western Australians. The Act will bring many changes to the way public health is managed across the State.

The purpose of this report is to inform Council of the commencement of the Public Health Act 2016, and provide an update on its proposed implementation.  The implications of the new Act on the Shire of Broome Health Local Laws 2006 and the need to delegate power to the Chief Executive Officer to appoint Authorised Officers is also outlined in this report.

 

 

BACKGROUND

 

Previous Considerations

 

Nil.

 

In Western Australia, the main legislative tool to manage health related matters is the Health Act 1911 (Health Act). The Health Act was drafted over 100 years ago and many of its provisions are no longer relevant to modern society. Likewise society has progressed to a point whereby the Health Act no longer has the ability to adequately protect the health of Western Australians. In recognition of this, the State Government introduced the Public Health Act 2016 (PH Act).

 

The introduction of the PH Act is the largest single change to Western Australia’s health system in over 100 years. In order to accommodate this change, the PH Act will be progressively implemented in five (5) key stages:

 

·    Stage 1 is gaining Royal Assent for the PH Act. Royal Assent was granted on 25 July 2016 and therefore the PH Act is now in force.

 

·    Stage 2 comprises various technical matters required to facilitate the transition from the Health Act to the PH Act. The Health Act and its associated regulations, by-laws and local laws will remain in force during this stage. Stage 2 commenced upon Royal Assent for the PH Act.

 

·    Stage 3 will commence on date to be fixed by proclamation. It is anticipated that this will on 24 January 2017.  This will introduce key elements of the administrative framework and the new Authorised Officer provisions (discussed further below).

 

·    Stage 4 will commence on a date fixed by proclamation. Provisions in the PH Act relating to notifiable infectious diseases and related conditions, prescribed conditions of health, serious public health incident powers and public health emergencies will commence during this stage. Equivalent provisions in the Health (Miscellaneous Provisions) Act 1911 and regulations made under that Act will be repealed. No action is required by local governments to implement this stage.

 

·    Stage 5 will occur on a date fixed by proclamation and will be the most significant stage of implementation for enforcement agencies as it represents the point at which they move from the framework under the Health (Miscellaneous Provisions) Act 1911 to the PH Act. The development of new regulations under the PH Act relating to environmental health matters will commence as part of this stage and will contain provisions for:

Ø the built environment;

Ø water;

Ø body art and personal appearance services;

Ø pests and vectors; and

Equivalent provisions in the Health (Miscellaneous Provisions) Act 1911 and regulations and by-laws made under that Act will be repealed.

Provisions relating to the following matters will also commence as part of this stage:

Ø public health planning;

Ø public health assessments; and

Ø registration and licensing.

 

COMMENT

 

Stage 5 will be the most significant stage of the implementation for the Shire of Broome. This stage will require the implementation of a local public health plan. It is anticipated that this stage will commence in 3 to 5 years. However significant work is required by the Department of Health to prepare for this stage and it is possible that this timeframe may be extended.

 

The need for the Shire to implement the PH Act and develop a public health plan has been factored into the current review of the Shire’s Strategic Community Plan, Corporate Business Plan and Long Term Financial Plan.

 

Delegation of Authority

The introduction of the PH Act will see Environmental Health Officers (EHOs) referred to as Authorised Officers under the Act. The appointment of Authorised Officers will be the responsibility of the local government (the enforcement agency) that employs them. The local government may delegate the function of authorising officers to the Chief Executive Officer. The Department of Health will no longer have a role in the designation or appointment of EHOs or Authorised Officers on the commencement date of stage 3.

 

As such, the administrative process for appointing Authorised Officers can be undertaken with minimum delay and EHOs can be given authority to perform their functions almost immediately after they are employed through the delegation of that power to appoint Authorised Officers to the Chief Executive Officer. 

 

A person appointed as an EHO under the Health Act on the day stage 3 commences will automatically be an Authorised Officer under the PH Act. An enforcement agency will not need to appoint these persons in writing but will need to issue each of these officers with a certificate of authority in accordance with section 30 of the PH Act.

Section 30 of the PH Act specifies that an Authorised Officer must be issued a certificate of authority card by the local government. It is envisaged that this certificate of authority card would be signed or approved by the delegate of the Council, and it is recommended that this be the Chief Executive Officer

 

Whilst the Local Government appoints Authorised Officers they must do so in accordance with criteria gazetted by the Department of Health. This criteria includes educational requirements and experience.  At the time of preparing this report the criteria has not been gazetted has not been made.  A proposed instrument of delegation whereby the power to appoint an Authorised Person under the PH Act is delegated by Council to the Chief Executive Officer is provided in Attachment 1.

 

Local Law review

Each local government makes health local laws to protect public health within its district and to facilitate the discharge of the local government’s duties under the Health Act. The Shire of Broome Health Local Law 2006 (Local Law) controls matters such as keeping of animals and poultry, the control of vermin and other nuisances, maintenance of houses, disposal of refuse, control of infectious diseases and licensing of certain premises.

 

The Shire of Broome Health By- Laws were first gazetted in August 1919 and have undergone numerous amendments since implementation. Due to the unique requirements of the Kimberley, it was decided to produce a local Law based entirely on the needs of the Shire of Broome. The current Local Law was completely revised and drafted to reflect the needs of the Shire of Broome and adopted in 2006.

 

Stage 3 will include an amendment to section 3.5 of the Local Government Act 1995 (LG Act) to authorise local laws for matters relating to public health to be made under the LG Act. Local governments have been encouraged to utilise this mechanism for all new local laws in anticipation of the repeal of the local law making powers provided by the Health (Miscellaneous Provisions) Act 1911 in stage 5.

 

The LG Act requires all local laws to be reviewed within 8 years from the date the local law commenced or from the date the report of the previous review was accepted. There has not been any significant changes to the Local Law since a gazetted amendment was made in 2007. This has been due to the anticipated implementation of the PH Act that has taken several years longer than was anticipated.

 

The power to make local laws under the Health Act will remain in effect until stage 5 of implementation of the PH Act.  However once stage 3 commences, the LG Act will be amended to make it clear that local laws can be made under that Act in respect of matters relevant to public health. As such, any health local laws should be made under the LG Act from stage 3. The Department of Health will be supporting local governments in transitioning their local laws. The Department of Health will provide regular updates to local governments as this work progresses. The Department’s Environmental Health Directorate will assist local governments making and/or amending health local laws.

 

The Department of Health has commenced an audit of all existing health local laws. It is expected that the scope of health local laws will narrow as the PH Act adopts an outcome based, as opposed to prescriptive, approach. Many of the prescriptive provisions in the Local law may need to be reconsidered. The Department of Health will draft a model local law or template for adoption by local governments. This initiative will be undertaken with assistance from a working group comprising representatives from the Department of Health, the Department of Local Government and Communities and the Western Australian Local Government Association.

 

It is proposed that the scheduled review of the Local Law is postponed until the implementation of stage 3 of the PH Act. Once stage 3 commences, a full review of the Local Law can be undertaken, with it likely that the Local Law will be replaced with a new modern local law consistent with the PH Act and the Shire’s needs.

 

Local Public Health Plan

 

The PH Act does not require the preparation and implementation of a Local Public Health Plan until stage 5 of the implementation of the PH Act. Advice received from the Department of Health indicates that the commencement of stage 5 is unlikely to occur until at least 2019 but may take several years longer. Upon commencement of stage 5, local governments will have 2 years to produce a Public Health Plan.

 

Some local governments have developed and implemented Public Health Plan’s in anticipation of the PH Act. This presents a risk to the local government as the criteria for Public Health Plans has not been set nor has the State developed a State Public Health Plan. Any Public Health Plan must be consistent with the State Public Health Plan and therefore may require significant amendments upon commencement of stage 5.

 

The requirements that apply to Public Health Plans has not been finalised.  At this stage, if a local government wishes to develop a Public Health Plan it must ensure that the Plan is developed to provide the best outcome for the local population.  While the criteria for Public Health Plans has not yet been finalised, the Department of Health have advised that the following are currently the key focus areas for State health and therefore may provide guidance on what a Public Health Plan should address:

·       Chronic Disease and Injury

·       Aboriginal Health

·       Immunisation

·       Child and Youth Health Services Framework

·       Mental Health

 

CONSULTATION

 

Shire officers will liaise with Department of Health throughout the implementation process. External consultation is not required at this stage, however the public and other stakeholders will be extensively consulted with during the development of the Public Health Plan.

 

STATUTORY ENVIRONMENT

 

Health Act 1911

Shire of Broome Health Local Law 2006

 

Public Health Act 2016

21.          Enforcement agency may delegate

     (1)     A power or duty conferred or imposed on an enforcement agency may be delegated —

7.              (a)      if the enforcement agency is the Chief Health Officer, in accordance with section 9; or

8.              (b)      if the enforcement agency is a local government, to —

      (i)     the chief executive officer of the local government; or

      (ii)     an authorised officer designated by the local government;

9.               or

10.           (c)      if the enforcement agency is a person or body, or a person or body within a class of persons or bodies, prescribed by the regulations, to an authorised officer designated by the agency.

     (2)     A delegation under subsection (1)(b) or (c) must be in writing.

     (3)     Without limiting the Interpretation Act 1984 section 59, the exercise or performance by a delegate of an enforcement agency of a power or duty delegated under subsection (1)(b) or (c) is subject to any condition or restriction imposed under section 20 on the exercise or performance by the enforcement agency of the power or duty.

     (4)     Subsection (5) applies if —

11.           (a)      the regulations expressly authorise a delegated power or duty of an enforcement agency referred to in subsection (1)(b) or (c) to be further delegated; and

12.           (b)      the delegated power or duty is further delegated to a person or body in accordance with those regulations.

     (5)     If this subsection applies, subsection (3) applies to the exercise or performance by the person or body of that power or duty as if it were exercised or performed, and delegated, as described in subsection (3).

 

24.          Designation of authorised officers

     (1)     An enforcement agency may designate a person or class of persons as authorised officers —

13.           (a)      for the purposes of this Act or another specified Act; or

14.           (b)      for the purposes of the specified provisions of this Act or another specified Act; or

15.           (c)      for the purposes of the provisions of this Act or another specified Act other than the specified provisions of that Act.

     (2)     The Chief Health Officer may designate a person or class of persons under subsection (1) only if the person or, as the case requires, the persons in that class are public health officials.

     (3)     An enforcement agency that is a local government may designate under subsection (1) —

16.           (a)      an environmental health officer or environmental health officers as a class; or

17.           (b)      a person who is not an environmental health officer or a class of persons who are not environmental health officers; or

18.           (c)      a mixture of the two.

     (4)     Enforcement agencies that are local governments may act jointly in the designation of persons or classes of persons as authorised officers.

25.          Certain authorised officers required to have qualifications and experience

     (1)     An enforcement agency must not designate a person or class of persons under section 24(1) unless the enforcement agency —

19.           (a)      considers that the person or, as the case requires, the persons in that class have appropriate qualifications and experience to perform the particular functions that the person or class of persons are to perform as authorised officers; and

20.           (b)      has regard to any guidelines issued under section 29.

     (2)     This section does not apply to the designation of —

21.           (a)      public health officials, whether individually or as a class; or

22.           (b)      environmental health officers, whether individually or as a class.

26.          Further provisions relating to designations

     (1)     The power to make a designation includes —

23.           (a)      the power to revoke a designation previously made; and

24.           (b)      in relation to a person (person A) who is designated, the power to designate a person or class of persons to perform functions of person A when it is impractical for person A to perform the functions; and

25.           (c)      in relation to a class of persons (class A) who are designated, the power to designate a person or class of persons to perform functions of persons in class A when it is impractical for persons in class A to perform the functions.

     (2)     These must be in writing —

26.           (a)      a designation;

27.           (b)      a revocation of a designation.

27.          Lists of authorised officers to be maintained

              Each enforcement agency must prepare and maintain a list of —

28.           (a)      the persons (if any) who are individually designated as authorised officers by the agency; and

29.           (b)      the classes of persons (if any) who are designated as authorised officers by the agency.

 

Local Government Act 1995

3.16.  Periodic review of local laws

      (1)     Within a period of 8 years from the day when a local law commenced or a report of a review of the local law was accepted under this section, as the case requires, a local government is to carry out a review of the local law to determine whether or not it considers that it should be repealed or amended.

      (2)     The local government is to give Statewide public notice stating that — 

                 (a)     the local government proposes to review the local law; and

                 (b)     a copy of the local law may be inspected or obtained at any place specified in the notice; and

                 (c)     submissions about the local law may be made to the local government before a day to be specified in the notice, being a day that is not less than 6 weeks after the notice is given.

   (2a)     A notice under subsection (2) is also to be published and exhibited as if it were a local public notice.

      (3)     After the last day for submissions, the local government is to consider any submissions made and cause a report of the review to be prepared and submitted to its council.

      (4)     When its council has considered the report, the local government may determine* whether or not it considers that the local law should be repealed or amended.

          * Absolute majority required.

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

The implementation of the Public Health Plan will require widespread consultation and significant planning and administrative work. It is anticipated that one part time employee will be required over 2 years. Associated costs such as training, transport and travel will also need to be included.

 

It is difficult to adequately budget for the implementation of the PH Act at this time due to a lack of clarity over the detail of what is required.  It is reasonable to expect that current estimates of labour and other costs currently will have increased the longer the implementation of stage 5 is delayed.

 

RISK

 

The purpose of the PH Act is to implement an outcomes based approach to public health within Western Australia. It is anticipated that this will overall reduce risks to public health and allow targeted efforts towards areas of greatest community concern.

 

Council may wish to draft and implement a Public Health Plan prior to the implementation of stage 5. This presents a risk as the final framework and public health focus areas have not yet been developed by the State. Once this has been done, significant changes to the Plan may be required, which will result in additional cost.

 

STRATEGIC IMPLICATIONS  

 

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

 

A healthy and safe environment

 

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

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Absolute Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr W Fryer                                                   Seconded: Cr C Mitchell

That Council:

1.       Notes the process and staging for the implementation of the Public Health Act 2016;

2.       In accordance with section 3.16(1) of the Local Government Act 1995, reviews the Shire of Broome Health Local Law 2006 but defers any action in relation to this local law until the implementation of Stage 3 of the Public Health Act 2016 and the release of a model health local law by the Department of Health; and

3.       Delegates power to the Chief Executive Officer to appoint Authorised Officers under the Public Health Act 2016 as set out in the Instrument of Delegation in Attachment 1.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 7/0

 

Attachments

1.

Proposed Delegation to appoint Authorised Officers under the Public Health Act 2016

  


Item 9.4.8 - PUBLIC HEALTH ACT 2016 - UPDATE AND DELEGATION OF POWER TO APPOINT AUTHORISED OFFICERS

 

 

D.xx     Public Health Act 2016 – Appointment of Authorised Officers

 

Head of Power                      Public Health Act 2016

 

Power/Duty Delegated

 

Part

1

Division

3

Section

Sections 21 and 24

Sub section

 

Local Law

Health Local Law 2006 (or as amended)

Relevant Policies

 

 

Detail of delegation 

 

The Chief Executive Officer is authorised to designate a person or class of persons as authorised officers under section 24 of the Act.

 

Conditions Imposed

 

Consideration must be given to any Department of Health guidelines or gazetted criteria for the appointment of authorised officers.

 

Record requirements           Documentation to be recorded to the Authorised Officer’s personnel file.

 

Reporting requirements      To be reported monthly in the Information Bulletin, with a copy    of the report to be recorded to file ARE02 (Delegations of              Authority Register).

 

 

DECISION                             

 

The Delegator                                          Date                     Reference          

 

Reviewed by                                            Date                     Reference

 

Amended by                                             Date                     Reference          

 

 

NOTICE OF DELEGATION

 

Notice in writing                                      Date                     FILE ARE 02      

 

Acknowledged                                         Date                     Reference

 

Signature

 

 

Prohibition (s5.71) and Code of Conduct 

If an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or duty and must refer the matter to the CEO, and if the CEO to the President.

 

The disclosure must be recorded in the Register of Disclosures.

 

Disclosure requirements (s5.75 and s5.76)

The delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns.  The LGA contains severe penalties for failure to comply.  It is the responsibility of each individual employee to ensure compliance.

 

 

 

 

 

 

 

 

 


 

INTERNAL FORM

LIQUOR CONTROL ACT 1988 – CERTIFICATE OF LOCAL GOVERNMENT AS WHETHER PREMISES COMPLY WITH LAWS (HEALTH & BUILDING)

I,

I,

being the

being the

for the Shire of Broome.

for the Shire of Broome.

Hereby certify that the premises known as:

 

 

q Comply with all the relevant requirements under the Health Act 1911, Food Act 2008, under any written law relating to the sewerage or drainage of those premises, and under the Local Government Act 1995.

q Comply with all the relevant requirements under the Building Act 2011.

 

q Does not comply with requirements set out above and could not be reasonable made to comply.

 

q Does not comply with requirements set out above and could not be reasonable made to comply.

 

q Does not comply with the requirements set out above but could be made to conform if the following requirements where carried out:

 

q Does not comply with the requirements set out above but could be made to conform if the following requirements where carried out:

 

NOTES:

 

 

NOTES:

 

 

 

ENVIRONMENTAL HEALTH OFFICER

 

 

 

BUILDING SURVEYOR

DATE

DATE

 

 

 


10.

 

Reports

Of

Committees


Minutes – Ordinary Meeting of Council 15 December 2016                                                         Page 825 of 826

 

10.1       YAWURU PARK COUNCIL PROGRESS REPORT - NOVEMBER 2016 MINUTES

LOCATION/ADDRESS:                            Nil

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:                                    21 November 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 16 November 2016.  This report also seeks Council’s nomination of the Director Development Services as a Shire representative on the YPC, to replace the Director Infrastructure, as the Shire’s management of YPC matters now sits within the Development Services Directorate.

 

 

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

OMC 25 August 2016                        Item 10.1

 

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, Kenn Donohoe and Michael Dale.

 

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 Council for endorsement at the Ordinary Meeting of Council (OMC) on 25 August 2016 which included minutes for the YPC meeting held on 7 July 2016.  Since the OMC on 25 August 2016, the YPC met on 16 November 2016.

 

 

COMMENT

 

YPC Meeting on 16 November 2016

 

The agenda and minutes of the YPC meeting held on 16 November 2016 are attached (Attachments 1 and 2).  At the meeting, the YPC considered the following items:

 

3.1 Fat Bike Tour Proposal

REPORT RECOMMENDATION:

 

That Yawuru Park Council:

1.  Supports each Yawuru Park Council member organisation delegating authority to individual representative to assess the Shire of Broome Trading Licence application and the Dept. Parks and Wildlife ‘T-class’ application and include any other conditions so required by those agencies. If there is any dissention between agencies then the matter is referred back to YPC.

2.  That the delegated authority (as above) has the ability to advise the SoB and Dept. Parks and Wildlife to complete the processing of the licence applications.

Moved: Kenn Donohoe                           Seconded: Dean Mathews

 

The Shire was approached by persons wishing to obtain a trading licence under the Shire’s Trading, Outdoor Dining and Street Entertainment Local Law 2003 (Local Law) to transport tourists on Fat Bikes (non-motorised mountain bikes with wider tyres) along Cable Beach to the southern side of Willie Creek.  The tours would traverse land that is managed by the Shire as well as land within the joint managed Townsite Areas and Intertidal Zone.  Therefore, the applicants were advised that consent from the YPC would be required and this is the purpose of the agenda item.

 

The outcome of the resolution by YPC is that the applicants be advised to follow the application process, to be managed by the individual YPC member representatives.  Applications for approval under the Shire’s Local Law and also the Conservation and Land Management Act 1984 will be required.  Once these applications have been processed by both DPaW and the Shire, with input from the Yawuru representatives, the matter is to be returned to the YPC for consideration.

 

3.2 Shire of Broome Waste Management Facility - Fees

REPORT RECOMMENDATION:

 

That Yawuru Park Council:

1.  Writes to the Shire of Broome requesting a concession for Waste Management Facility fees in accordance with Council policy.

2.  Request the Shire of Broome to investigate other methods of ensuring the residents of Broome receive their annual vouchers to the Broome Waste Management Facility.

Moved: Ron Johnston                              Seconded: James Dobson

 

DPaW presented a report seeking that the Shire waive waste disposal fees for the disposal of waste by Yawuru Rangers collected on lands joint managed by the Shire.  The report also sought action by the Shire to ensure that the persons in rental properties have access to the household domestic refuse vouchers issued to landowners.

 

The report recommendation was altered by the Shire representatives at the meeting, which resulted in the resolution made by the YPC and shown above.

 

In addition to the above resolution that was made by the YPC, the following action was created:

·     YPC writes to Shire of Broome requesting concession for Waste Management Facility Fees in accordance with Council policy.

 

4.1     Gantheaume Pt exclusion of areas from A Class reserve 51106

REPORT RECOMMENDATION:

 

MOVED to next item of business and deferred to next meeting

Moved: Kenn Donohoe                           Seconded: Dean Mathews

 

This agenda item relates to the proposed exclusion of certain parcels of land from becoming Class A reserves within the Conservation Estate to allow for Yawuru to investigate the feasibility of developing tourism activities on these lots.  The subject lots are shown on pages 15 and 16 of Attachment 1.  This item was considered to be linked to the Agenda Item 4.2 below, and it was agreed that consideration of both matters would be deferred to allow for further discussions between the YPC members.

 

It will be necessary for Council to consider this proposal and form a view as to whether it is supported by Council.  It is recommended that the CEO be requested to arrange a workshop with Council in relation to this matter, so that the proposal and its implications can be fully explored.  Following this workshop, Council will have the opportunity to formally consider the proposal.  Council’s formal consideration of the proposal will give the Shire’s YPC representatives direction in voting on recommendations presented to the YPC in relation to the matter.

 

In addition to the above resolution that was made by the YPC, the following actions were created:

·     Cr Ron Johnston to provide a copy of the Survey undertaken in the Minyirr Park and Gantheaume area.

·     Parks and Wildlife to speak with Department of Lands to hold off on vesting of meeting A Class reserve until a YPC decision/ recommendation has been made after February 2017.

 

4.2     Dedication of Gantheaume Point Beach Access Track

REPORT RECOMMENDATION:

 

MOVED to next item of business and deferred to next meeting

Moved: Kenn Donohoe                           Seconded: Dean Mathews

 

At the OMC on 27 October 2016, Council resolved to progress the dedication of the Gantheaume Point beach access track as a road. 

 

The report recommendation in relation to this matter sought the YPC’s support for this action.  However, as the YPC representatives saw this matter as being linked to the previous agenda item, consideration of the matter was also deferred.  However, the statutory process initiated by Council at the OMC on 27 October 2016 will continue to progress in the meantime.

 

4.3 Shire of Broome Commercial Camel Licences

REPORT RECOMMENDATION:

 

That Yawuru Park Council support the renewal of the trading licences for the commercial camel activities on Cable Beach in accordance with the Shire of Broome Council Resolution 9.3.2 made on 27 October 2016, subject to condition 3 of the conditions to be attached to each of the trading licences being amended so that read as follows:

     3.  All commercial camel activities, including the placing of signs, are to occur within that portion of Cable Beach between a point formed by the western prolongation to the low water mark of the northern boundary of Reserve 36477, north to the northern boundary of Lot 301 on Plan 71518 (forming part of Reserve 50994) and east to the eastern boundary of Lot 301 on Plan 71518 (forming part of Reserve 50994), as depicted in Attachment A to this licence (“Permitted Trading Area”).

Moved: Dean Mathews                           Seconded: Ron Johnston       

 

At the OMC on 27 October 2016, Council resolved to delegate authority to the Chief Executive Officer to renew the Camel trading licences subject to certain conditions.  Condition 3 of those conditions is as follows:

 

1.   All commercial camel activities, including the placing of signs, are to occur within that portion of Cable Beach between a point formed by the western prolongation to the low water mark of the northern boundary of Reserve 36477 to a point formed by the westerly prolongation to the low water mark of the northern boundary of Lot 405 Lullfitz Drive, as depicted in Attachment A to this licence (“Permitted Trading Area”).

 

While the wording of this condition has been changed by the YPC resolution, the substance of the condition remains the same.  The area within which the commercial camel activities can operate is the same, but the description has been updated to reflect the newly created reserves in that area.  Therefore, it is recommended that Council endorse the resolution of the YPC and the amended condition 3.

 

As the amendment to Condition 3 does not change the substance of the decision made by Council at the OMC on 27 October 2016, the decision of Council does not become “substantially different” as a result of the amendment.  Therefore, the process for revoking or changing Council decisions in Regulation 10 of the Local Government (Administration) Regulations 1996 does not apply.

 

In addition to the above resolution that was made by the YPC, the following actions were created:

·     Shire of Broome to amend Attachment A to show boundaries and marking.

·     Yawuru Rangers will be installing a discreet sign marker on Cable Beach to indicate boundary for Camel operators.

 

Attachment A has been amended in accordance with the first action and is shown as Attachment 3 to this report.  The second action has also been completed by DPaW, with a bollard now installed at the boundary between Reserve 50994 and Reserve 51162.

 

4.4 DEMCO Asbestos

REPORT RECOMMENDATION:

 

That Yawuru Park Council note the status and progress of the Shire’s and Yawuru’s response to the asbestos contamination near Demco.

NOTED

 

This report comprised an update on the status of the progress of the Shire’s and Yawuru’s response to the asbestos contamination near Demco.  The ability for the Shire to be reimbursed by the YPC (through the funds held by DPaW) for its costs in undertaking remedial works and actions was discussed.

 

Therefore, in addition to the above resolution that was made by the YPC, the following action was created:

·     Shire of Broome to write to Parks and Wildlife to request contribution towards shared costs of Asbestos clean-up based on fair proportion of land ownership/ management.

The Shire has incurred costs of approximately $32,600 in managing the asbestos issue at the reserve land near Demco.  Being able to recoup some of these costs from DPaW through the YPC funds they hold would assist in mitigating the financial impact of the Shire responding to this matter.

 

5. Minyirr Buru Conservation Park Management Plan - Cable Beach intertidal zone (Yawuru, DPaW, Shire)

REPORT RECOMMENDATION:

 

That Yawuru Park Council:

1.  Endorse the DRAFT Minyirr Buru Conservation Park Management Plan to be released for public comment.

Moved: Dean Mathews                           Seconded: Ron Johnson

 

At the OMC on 28 July 2016, Council resolved to endorse the draft Joint Management Plan for the Yawuru Minyirr Buru Conservation Park for public consultation.  Soon after, Yawuru also endorsed the document for public comment.  This resolution by the YPC means that the draft Joint Management Plan can now be released for public consultation.

 

Due to the impending Christmas holiday period, public consultation of the draft Joint Management Plan is likely to commence in early February 2017.

 

6. YPC Encroachments - Out of Town and Roebuck Bay areas (Yawuru, DPaw)

REPORT RECOMMENDATION:

 

That Yawuru Park Council:

1.  Authorises the YPC Working Group to implement the 7 step plan for the resolution of encroachment issues.

Moved: Ron Johnson                                Seconded: Dean Mathews    

 

An issues paper had previously been prepared by DPaW in relation to encroachments into the Conservation Estate.  The matter had been considered by the YPC on a number of previous occasions, and in response to a resolution made by the YPC at its meeting on 7 July 2016, Shire officers prepared a proposed strategy for dealing with the encroachments (as outlined in the agenda item at pages 47 and 48 in Attachment 1).

 

The YPC Working Group will now take steps to implement that strategy, starting with identifying all properties encroaching in the Conservation Estate.

 

6.2 Late Item: Micks Shack

REPORT RECOMMENDATION:

 

That Yawuru Park Council:

1.  Authorises the Yawuru Park Council Working Group to prepare a letter on behalf of the Yawuru Park Council to the Minister for Lands requesting the Department of Land to action the removal of the illegal structures within the next 21 days.

2.  To liaise with Yawuru and Yawuru Park Council Working Group in relation to other relevant matters.

Moved: Alan Byrne                                   Seconded: Dean Mathews

 

This agenda item was presented to the YPC in response to and in compliance with the resolution of Council at the OMC on 29 September 2016 as follows:

That Council requests the Chief Executive Officer to:

1.       Advise the Yawuru Park Council of the unlawful development on Reserve 52354 and request that action be taken to have the unlawful structures, septic system and debris removed within 60 days; and

2.       If action is not taken to remove the unlawful structures, septic system and debris within 60 days, commence enforcement action to have the unlawful structures, septic system and debris removed from Reserve 52354.

 

Yawuru have also been in discussions with the Department of Lands in relation to resolving this matter as soon as possible.

 

7.1 Expenditure Report Summary

 

Noted by members present

 

The expenditure report is shown as the last page of Attachment 1.  The grand total amount, while shown in red and as a negative amount, is actually the amount of funds being held in the Yawuru Trust Account. 

 

The Yawuru Trust Account comprises funds that were provided equally by the State and the Yawuru Registered Native Title Holders Body Corporate (RNTHBC) as part of the Yawuru Native Title Settlement Agreement ($5.5M each).  What remains in this account is what is left of this original amount, including interest earnings.  No funds have been contributed to this account by the Shire.

 

In accordance with the Joint Management Agreement forming part of the ILUAs, the Shire does not have any direct control over expenditure from the Trust Account.  The Shire representatives on the YPC can vote on matters which influence where expenditure is directed (eg. on new assets being built in the Conservation Estate or certain management initiatives).  Further, DPaW is required to consult with the Yawuru RNTHBC and the YPC (including the Shire representatives on the YPC) in relation to the budget.  However, the Shire cannot direct how expenditure occurs from the account.

 

 

Shire representatives on the YPC

 

At the OMC on 26 November 2015, Council resolved as follows:

 

That Cr H Tracey, Chief Executive Officer and Director Infrastructure be nominated to the Yawuru Park Council and Cr R Johnston and Cr C Mitchell be nominated as Proxies.

 

On 1 July 2016, responsibility for YPC matters transferred from the Infrastructure Services Directorate to the Development Services Directorate.  Therefore, it is recommended that Council nominate the Director Development Services to the YPC, in replacement of the Director Infrastructure.

 

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

 

The Shire incurred costs of approximately $32,600 in managing the asbestos issue at the reserve land near Demco.  If the Shire is able to recoup some of these funds in accordance with the action arising from Agenda Item 4.4, this would assist in mitigating the financial impact of the Shire responding to this matter.

 

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

Absolute Majority

 

 

Council Resolution:

(Report Recommendation)

Moved: Cr D Male                                                    Seconded: Cr C Mitchell

That Council :

1.       Receives the minutes of the Yawuru Park Council meeting held on 16 November 2016, and endorses all the motions passed at that meeting;

2.       Requests that the Chief Executive Officer arrange a Council workshop to discuss the exclusion of certain parcels of land from becoming Class A reserves within the Conservation Estate to allow for Yawuru to investigate the feasibility of developing tourism activities on these lots;

3.       Changes condition 3 of the conditions to be attached to the trading licences for the commercial camel activities in accordance with Resolution 9.3.2 made by Council at the Ordinary Meeting of Council on 27 October 2016, so that it is consistent with the wording of this condition endorsed by the Yawuru Park Council at its meeting on 16 November 2016; and

4.       Nominates the Director Development Services to the Yawuru Park Council, in replacement of the Director Infrastructure.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 7/0

 

Attachments

1.

Agenda for the YPC Meeting on 16 November 2016

2.

Minutes of the YPC Meeting on 16 November 2016

3.

Map of Commercial Camel Activities Operating Area

  


Item 10.1 - YAWURU PARK COUNCIL PROGRESS REPORT - NOVEMBER 2016 MINUTES

 

 

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Item 10.1 - YAWURU PARK COUNCIL PROGRESS REPORT - NOVEMBER 2016 MINUTES

 

 

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Item 10.1 - YAWURU PARK COUNCIL PROGRESS REPORT - NOVEMBER 2016 MINUTES

 

 

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Item 10.1 - YAWURU PARK COUNCIL PROGRESS REPORT - NOVEMBER 2016 MINUTES

 

 

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Item 10.1 - YAWURU PARK COUNCIL PROGRESS REPORT - NOVEMBER 2016 MINUTES

 

 

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Item 10.1 - YAWURU PARK COUNCIL PROGRESS REPORT - NOVEMBER 2016 MINUTES

 

 

 

Yawuru Park Council

Meeting Minutes

 

Meeting no: 32

Meeting location: Parks and Wildlife

Meeting date: 16 November 2016

Meeting start: 13:00pm

Meeting end: 14:40pm

 

 

Attendees:

Yawuru                         Debra Pigram (DP), Dean Matthews (DM)

Broome Shire               Kenn Donohoe (KD),   Ron Johnston (RJ)

DPaW                           James Dobson (JD), Alan Byrne (AB),

 

Apologies:

Maxine Charlie, Luke Puertollano (LP), Harold Tracy

 

 Guests / Observers:

Julie Melbourne, Aletta Nugent, Sarah Mullineux

                                     

1.   WELCOME AND APPOLOGIES

1.1. Opening and welcome

Meeting opened by Chair Deb Pigram.

1.2 Apologies

Maxine Charlie, Harold Tracy

1.3 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 Johnston (Proxy), Aletta Nugent (observer),

 

Department of Parks and Wildlife: Jimmy Dobson (representative), Alan Byrne (representative), Sarah Mullineux (observer/ minute taker)

 

2. MINUTES OF PREVIOUS MEETINGS

2.1 Review and adoption of 07/07/2016 minutes

Moved- Kenn Donohoe

Seconded- Dean Mathews

2.2  ACTIONS ARISING

Carry forward action Items:

 

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

31 – 6.1 7/16 Minyirr Buru (in town conservation estate) and Cable Beach intertidal area Kavite rd

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

31 – 6.2 7/16 Simpson Beach Yawuru has strongly advised that they want to keep this area a low key location for locals to enjoy.

 

ACTION: Yawuru and S.O.B to develop a low key plan for an ‘opening’ or public announcement.

 

Action Items:

32 – 3.2 11/16: ACTION: YPC writes to SOB requesting concession for Waste Management Facility Fees in accordance with Council policy.

 

32 – 4.1 11/16: ACTION: Cr Ron Johnston provides a copy of the Survey undertaken in the Minyirr Park and Gantheaume area.

Parks and Wildlife to speak with Department of Lands to hold off on vesting of meeting A Class reserve until a YPC decision/ recommendation has been made after February 2017.

 

32 – 4.4 11/16 ACTION: SOB to write to Parks and Wildlife to request contribution towards shared costs of Asbestos clean-up based on fair proportion of land ownership/ management.

 

 

 

 

 

 

 

3. MATTERS ACROSS ALL TENURE (Yawuru, DPaW, Shire)

 

3.1 Fat Bike Tour Proposal

 

1-         Minyirr Buru (In-Town Conservation Estate)

2-         Birragun (Out-of-Town Conservation Estate),

3-         Northern Intertidal Area

 

REPORT RECOMMENDATION:

 

That Yawuru Park Council:

 

1.   Supports each Yawuru Park Council member organisation delegating authority to individual representative to assess the Shire of Broome Trading Licence application and the Dept. Parks and Wildlife ‘T-class’ application and include any other conditions so required by those agencies. If there is any dissention between agencies then the matter is referred back to YPC.

2.   That the delegated authority (as above) has the ability to advise the SoB and Dept. Parks and Wildlife to complete the processing of the licence applications.

Moved: Kenn Donohoe                           Seconded: Dean Mathews

 

 

3.2 Shire of Broome Waste Management Facility - Fees

 

 

REPORT RECOMMENDATION:

 

 

That Yawuru Park Council:

 

1.   Writes to the Shire of Broome requesting a concession for Waste Management Facility fees in accordance with Council policy.

2.   Request the Shire of Broome to investigate other methods of ensuring the residents of Broome receive their annual vouchers to the Broome Waste Management Facility.

Moved: Ron Johnston                              Seconded: James Dobson

 

 

 

ACTION: YPC writes to SOB requesting concession for Waste Management Facility Fees in accordance with Council policy.

 

4.0     TOWN SITE AREAS (Yawuru, Shire)

4.1     Gantheaume Pt exclusion of areas from A Class reserve 51106

 

4-        Minyirr Buru (In-Town Conservation Estate)

5-          

REPORT RECOMMENDATION:

 

MOVED to next item of business and deferred to next meeting

 

Moved: Kenn Donohoe                           Seconded: Dean Mathews

 

ACTION: Cr Ron Johnston provides a copy of the Survey undertaken in the Minyirr Park and Gantheaume area.

Parks and Wildlife to speak with Department of Lands to hold off on vesting of meeting A Class reserve until a YPC decision/ recommendation has been made after February 2017.

 

4.2    Dedication of Gantheaume Point Beach Access Track

 

6-         Minyirr Buru (In-Town Conservation Estate)

 

REPORT RECOMMENDATION:

 

MOVED to next item of business and deferred to next meeting

 

Moved: Kenn Donohoe                           Seconded: Dean Mathews

 

 

4.3 Shire of Broome Commercial Camel Licences

 

7-         Minyirr Buru (In-Town Conservation Estate)

 

REPORT RECOMMENDATION:

 

That Yawuru Park Council support the renewal of the trading licences for the commercial camel activities on Cable Beach in accordance with the Shire of Broome Council Resolution 9.3.2 made on 27 October 2016, subject to condition 3 of the conditions to be attached to each of the trading licences being amended so that read as follows:

     3.  All commercial camel activities, including the placing of signs, are to occur within that portion of Cable Beach between a point formed by the western prolongation to the low water mark of the northern boundary of Reserve 36477, north to the northern boundary of Lot 301 on Plan 71518 (forming part of Reserve 50994) and east to the eastern boundary of Lot 301 on Plan 71518 (forming part of Reserve 50994), as depicted in Attachment A to this licence (“Permitted Trading Area”).

 

Moved: Dean Mathews                           Seconded: Ron Johnston

 

                                                                                                                

 

NB: SOB to amend attachment A to show boundaries and marking.

Yawuru Rangers will be installing a discreet sign marker on Cable Beach to indicate boundary for Camel operators.

 

 

4.4 DEMCO Asbestos

 

8-         Minyirr Buru (In-Town Conservation Estate)

 

REPORT RECOMMENDATION:

 

That Yawuru Park Council note the status and progress of the Shire’s and Yawuru’s response to the asbestos contamination near Demco.

 

NOTED

 

 

ACTION: SOB to write to Parks and Wildlife to request contribution towards shared costs of Asbestos clean-up based on fair proportion of land ownership/ management.

 

 

5. Minyirr Buru Conservation Park Management Plan - Cable Beach intertidal zone (Yawuru, DPaW, Shire)

 

9-         Minyirr Buru (In-Town Conservation Estate)

10-       

 

REPORT RECOMMENDATION:

 

That Yawuru Park Council:

 

1.          Endorse the DRAFT Minyirr Buru Conservation Park Management Plan to be released for public comment.

 

Moved: Dean Mathews                           Seconded: Ron Johnston

 

 

 

 

6. YPC Encroachments - Out of Town and Roebuck Bay areas (Yawuru, DPaw)

 

11-      Minyirr Buru (In-Town Conservation Estate)

 

REPORT RECOMMENDATION:

 

That Yawuru Park Council:

 

1.          Authorises the YPC Working Group to implement the 7 step plan for the resolution of encroachment issues.

 

Moved: Ron Johnston                              Seconded: Dean Mathews

                                                                                                                

 

 

6.2 Late Item: Micks Shack

 

12-      Birragun (Out-of-Town Conservation Estate)

 

REPORT RECOMMENDATION:

 

That Yawuru Park Council:

 

1.          Authorises the Yawuru Park Council Working Group to prepare a letter on behalf of the Yawuru Park Council to the Minister for Lands requesting the Department of Land to action the removal of the illegal structures within the next 21 days.

2.          To liaise with Yawuru and Yawuru Park Council Working Group in relation to other relevant matters.

 

Moved: Alan Byrne                                   Seconded: Dean Mathews

 

 

 

7. REPORTS

7.1 Expenditure Report Summary

 

Noted by members present

 

8.OTHER MATTERS AND CORRESPONDENCE IN

8.1a Kenn Donohoe congratulates and thanks Alan Byrne on behalf of the YPC for his work and contribution to the partnership. NB Kenn Donohoe has resigned from SOB last day 11/11/16.

8.1b Alan Byrne thanks members and notes he has enjoyed being part of the partnership and looks forward to hearing positive outcomes in the future.

 

8.2 Yawuru Rangers have successfully completed their Cert IV in CALM which paves the way to explore new trainee positions in the near future.

9. MEETING CLOSURE

14:40 PM

 

10. NEXT MEETING - TBC February 2017

 

 

 

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.

New resolution (7/16) SOB to develop an encroachment plan to be completed by the end of the year – ongoing and that the YPC secretariats prepare a report detailing all encroachments on how to progress for the next YPC meeting’. 

 

NBY / SoB

NBY / SoB/ P&W

Next YPC

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

Next YPC

Ongoing

(getting advice)

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

31 – 7/16 Kavite Rd re-alignment

That this matter be referred to the YPCWG with recommendation that the working group identify a unified plan road reserve place in 60 days.

All

All

10/16

Waiting for SoB advice

31 – 7/16 Simpson Beach announcement

Yawuru and S.O.B to develop a low key plan for an ‘opening’ or public announcement

NBY / SoB

NBY / SoB

 

 

32 – 3.2 11/16 Tip Fees

YPC writes to SOB requesting concession for Waste Management Facility Fees in accordance with Council policy.

 

Parks and Wildlife

ALL

 

 

32 – 4.1 11/16 Ganth. Point Exclusion

Cr Ron Johnston provides a copy of the Survey undertaken in the Minyirr Park and Gantheaume area.

Parks and Wildlife to speak with Department of Lands to hold off on vesting of meeting A Class reserve until a YPC decision/ recommendation has been made after February 2017.

 

SoB

Parks and Wildlife

SoB

Parks and Wildlife

 

 

32 – 4.4 11/16 DEMCO Asbestos

SOB to write to Parks and Wildlife to request contribution towards shared costs of Asbestos clean-up based on fair proportion of land ownership/ management.

 

SoB

 

 

 

 

 

 

 

 

 

 

 


Item 10.1 - YAWURU PARK COUNCIL PROGRESS REPORT - NOVEMBER 2016 MINUTES

 

 

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Minutes – Ordinary Meeting of Council 15 December 2016                                                         Page 897 of 898

 

10.2       APPOINTMENT OF MEMBERS TO THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE AND AMENDMENTS TO THE TERMS OF REFERENCE

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           EDP002

AUTHOR:                                                   Administration Officer - Community and Economic Development

CONTRIBUTOR/S:                                    Nil

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

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    22 November 2016

 

SUMMARY:         This report presents expressions of interest for membership to the Economic Development Advisory Committee including a proposed additional membership position of ‘Major Infrastructure Deputy delegate for Broome International Airport’ and a proposed additional membership position of ‘Government Agencies delegate for the Department of Industry, Innovation and Science’. 

Officers seek Council’s appointment of these proposed new membership positions and delegates to the Committee in accordance with the Terms of Reference.  Officers also seek support from Council for the individuals representing Yawuru as ‘Land Development delegate and Land Development Deputy delegate’ to directly switch roles.

This report requests minor updates to the Terms of Reference to include the proposed additional membership positions and delegates, newly appointed delegates in existing membership positions; and changes to the Yawuru membership. 

 

 

BACKGROUND

 

Previous Considerations

 

OMC 23 October 2014                     Item 10.3

OMC 30 April 2015                             Item 10.2

OMC 26 November 2015                 Item 9.4.5 (Appointments to Committees)

 

COMMENT

 

Established by Shire of Broome in accordance with Council resolution on 30 April 2015, the Economic Development Advisory Committee’s purpose is to provide advice to the Shire of Broome on Economic Development matters including but not limited to:

 

1.       Provide advice and guidance to the Shire and other partners in positioning local businesses and industry to capitalise on global and emerging industry trends that facilitate new markets and investment.

2.       Assist in the formulation of stakeholders, strategic partnerships and communication to facilitate new and developing industry initiatives across sectors to ensure ongoing and sustained economic growth.

3.       Provide guidance and advice on the role that Council should play to address industry specific feedback (including perceived impediments) on State, Local and Federal regulatory processes and funding programs to create better investment conditions and refinements for economic growth and employment generation in the short, medium and long term.

4.       Provide advice to the Shire of Broome to facilitate identified industry and strategic initiatives across industry sectors and relevant organisations.

5.       Provide industry feedback and input as appropriate into strategic and high-level economic development documents/plans including future growth plans for Broome, including but not limited to, the Kimberley Regional Investment Blueprint and Kimberley Planning and Infrastructure Framework.

6.       Provide advice to Council on policies relating to Economic Development as required.

 

This report requests that Council considers the matter of committee membership of the Economic Development Advisory Committee (EDAC).  The following appointments are recommended as per the Expressions of Interest (EOI) contained in the confidential attachment to this report:

 

·        Paul McSweeney advised Shire of Broome in writing on 10 November 2016 that he would like to nominate a Broome Airport employee to act as his deputy in foreseen meeting absences due to high travel commitments.  An expression of interest (EOI) was subsequently received for Major Infrastructure Deputy delegate for Broome International Airport Industry’ representation. While there are deputies appointed for most membership positions on the EDAC, a deputy has not been previously appointed for the Major Infrastructure Deputy delegate’. Officers recommend that this deputy membership position is appointed and the terms of reference updated accordingly.  It is recommended that Council accepts this EOI and appoints the nominee to the EDAC in this newly founded membership capacity.

 

·        An expression of interest (EOI) has been received for a Government Agencies delegate for the Department of Industry, Innovation and Science’. This delegate would be an additional membership position that sits under the ‘Government Agencies’ category.  Officers recommend that this membership position is appointed and the terms of reference updated accordingly.  It is recommended that Council accepts this EOI and appoints the nominee to the EDAC in this new membership position.

 

·        A written request has been received from Yawuru requesting that Yawuru Land Development delegate (Peter Yu) and Land Development Deputy delegate (Susan Bergersen) switch roles.  This will enable Susan Bergersen to continue to actively participate in the EDAC following on from a recent succession of apologies from Peter Yu.

 

The terms of Reference for all Committees were presented to Council at the 26 November 2015 OMC. To ensure ongoing participation of members of the EDAC and continued collaboration of EDAC activity across key organisations, industry and Government, Officers propose that Council: formally approves the appointment of a delegate to the proposed additional EDAC member position of ‘Major Infrastructure Deputy delegate for Broome International Airport’, the appointment of a delegate to the proposed additional EDAC member position of ‘Government Agencies delegate for the Department of Industry, Innovation and Science’, acknowledges the changes to Yawuru EDAC membership; within the Terms of Reference.

 

CONSULTATION

A nomination from Paul McSweeney was received by email for a Broome Airport employee to act as his deputy in foreseen meeting absences due to high travel commitments.  An EOI form was emailed to this nominee.

 

Shire of Broome emailed an EOI form to the Department of Industry, Innovation and Science following consultation that identified that this membership would be a mutually beneficial inclusion for Broome and the community.

 

Correspondence was received from Yawuru on the 31 October 2016, requesting the Yawuru representative and deputy representative switch roles.

 

STATUTORY ENVIRONMENT

 

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.

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

Nil

 

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

 

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

 

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

 

An organisational culture that strives for service excellence

 

Effective community engagement

 

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr H Tracey                                                 Seconded: Cr C Mitchell

That Council:

1.       Endorses a Major Infrastructure Deputy delegate for Broome International Airport’ membership position within the Economic Development Advisory Committee and appoints the nominated member as per the Expression of Interest contained in the confidential attachment to this report;

2.       Endorses a Government Agencies delegate for the Department of Industry, Innovation and Science’ membership position within the Economic Development Advisory Committee and appoints the nominated member as per the Expression of Interest contained in the confidential attachment to this report;

3.       Endorses the individuals representing Yawuru as Land Development delegate and Land Development Deputy delegate to switch roles as per their request;

4.       Requests the Chief Executive Officer to update the Terms of Reference to reflect the amendments listed above.

CARRIED UNANIMOUSLY 7/0

 

Attachments

1.

EOI EDAC Deputy - Major Infrastructure (Broome International Airport) (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.

EOI EDAC - Government Agencies (Department of Industry, Innovation and Science) (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.

Proposed Changes to the EDAC Terms of Reference (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”.

  


Minutes – Ordinary Meeting of Council 15 December 2016                                                         Page 903 of 904

 

10.3       APPOINTMENT OF MEMBERS TO THE ACCESS AND INCLUSION ADVISORY COMMITEE AND AMENDMENTS TO THE TERMS OF REFERENCE

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           COS09

AUTHOR:                                                   Administration Officer - Community and Economic Development

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Acting Chief Executive Officer

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    22 November 2016

 

SUMMARY:         This report presents three expressions of interest for vacant positions on the Access and Inclusion Advisory Committee (AIAC) for Council’s consideration. It is recommended the applicants are appointed to the AIAC and the Terms of Reference is updated accordingly.

 

BACKGROUND

 

Previous Considerations

 

OMC 23 October 2014                 Item 10.1

OMC 25 June 2015                        Item 10.1

OMC 26 November 2015             Item 9.4.5

 

COMMENT

 

This report requests that Council considers the matter of committee membership.

 

A letter of resignation has been received from Mark Williams who served on the AIAC as an ‘Education and Employment’ representative, representing Broome Primary School.  Mr Williams no longer works for Broome Primary School and tendered his resignation as a member of the AIAC on 27 October 2016.

 

Officers identified ongoing membership vacancies within the AIAC and advertised publicly for expressions of interest (EOI) to fill the vacancies. EOI’s were sought for:

 

1x Heath services representative

1x Community organisation representative

1x Education and employment representative

 

Expressions of Interests were sought through various advertising mediums including the Broome Advertiser and Shire of Broome website.  The submission period expired at close of business on Friday, 18 November 2016.

 

An expression of interest (as contained in the confidential attachment to this report) has been received from a community organisation representative to fill the vacant Community Organisation position. It is recommended that Council accepts this EOI and appoints the community organisation representative to the Access and Inclusion Advisory Committee as a ‘Community Organisation representative’. 

 

No EOI’s had been received for the Education and Employment representative and the Health Services representative vacancies at the end of the submission period, however a late EOI submission (as contained in the confidential attachment to this report) was received from an educational institution representative on the 24 November 2016.  It is recommended that Council accepts this EOI and appoints the education representative to the Access and Inclusion Advisory Committee as an ‘Education and Employment’ representative.

 

Elaine Clarke from Far North Community Services (formerly KIFSA) formally resigned from the AIAC as a Service Provider representative by email on 16 November 2016.  Ms Clarke nominated a colleague to represent Far North Community Services in lieu of herself and subsequently an expression of interest was received.  It is recommended that Council accepts this EOI and appoints the replacement representative to the Access and Inclusion Advisory Committee as the ‘Service Provider representative’ for Far North Community Services.

 

The Terms of Reference for all Committees and Working Groups were presented to Council at the 26 November 2015 OMC.  It is recommended that Council endorse a minor update to these Terms of Reference to reflect the newly appointed representatives and to reflect a change in trading name from KIFSA to Far North Community Services.

 

CONSULTATION

 

Officers sought Expressions of Interests through various advertising mediums including the Broome Advertiser and Shire of Broome website.  The submission period expired at close of business on Friday, 18 November 2016. Relevant stakeholders were also approached directly via email.

 

STATUTORY ENVIRONMENT

 

5.10.  Committee members, appointment of

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

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

31.                            (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 — 

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

33.                            (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 —

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

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

36.                            (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

37.                            (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 — 

38.                            (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

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

40.                            (c)      the committee is disbanded; or

41.                            (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 — 

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

43.                            (b)      the local government removes the person from the office of committee member or the office of committee member otherwise becomes vacant; or

44.                            (c)      the committee is disbanded; or

45.                            (d)      the next ordinary elections day,

               whichever happens first.

 

POLICY IMPLICATIONS

 

Nil

 

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 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

 

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr M Fairborn                                             Seconded: Cr P Matsumoto

That Council:

1.       Appoints the following representatives to the Access and Inclusion Advisory Committee as per the Expression of Interest contained in the confidential attachment to this report:

(a)    Community Organisations representative

(b)    Education and Employment representative

(c)    Service Provider representative;

 

2.       Acknowledges the change in trading name of KIFSA to Far North Community Services;

 

3.       Requests the Chief Executive Officer to update the Terms of Reference to reflect the amendments listed above.

CARRIED UNANIMOUSLY 7/0

 

Attachments

1.

EOI AIAC - Education and Employment Representative (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.

EOI AIAC - Community Organisation Representative (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.

EOI AIAC - Service Provider Representative (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”.

4.

Proposed Changes to the AIAC Terms of Reference (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”.

   


Minutes – Ordinary Meeting of Council 15 December 2016                                                         Page 908 of 909

11.       Notices of Motion

 

Nil.

 

12.       Business of an Urgent Nature

 

12.1       MINUTES OF THE CHIEF EXECUTIVE OFFICER RECRUITMENT ADVISORY COMMITTEE MEETING HELD 14 DECEMBER 2016

This item was brought forward in the order of business and is located in these Minutes after Section 3, Declarations of Financial Interest / Impartiality.

 

13.       Questions By Members Of Which Due Notice Has Been Given

 

Nil.

 

14.       Matters Behind Closed Doors

 

Council Resolution:

Moved: Cr H Tracey                                                 Seconded: Cr C Mitchell

That the meeting be closed to the public at  5.35pm.

CARRIED UNANIMOUSLY 7/0

 

Members of the Public departed the Chambers at 5.36pm.

 

 


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”, and 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”.

 

With regard to Item 9.4.3 Cr C Mitchell disclosed that “I have an association with Broome RSL as a member of the RSL. As a consequence there may be a perception that my impartiality in the matter may be affected. I declare that I will consider this matter on its merits and vote accordingly.”

 

With regard to Item 9.4.3 Cr W Fryer disclosed that “I have an association with the RSL as a financial member over a number of years. As a consequence there may be a perception that my impartiality in the matter may be affected. I declare that I will consider this matter on its merits and vote accordingly.”

 

9.4.3      OBJECTION TO THE RATE RECORD - NON-RATEABLE LAND UNDER SECTION 6.26(2)(G) - RATES EXEMPTION APPLICATION 2014/2015 - THE RETURNED & SERVICES LEAGUE OF AUSTRALIA

LOCATION/ADDRESS:                            A110080

APPLICANT:                                              The Returned & Services League of Australia

FILE:                                                           ARA11

AUTHOR:                                                   Finance Officer - Rates

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director Corporate Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    9 September 2016

 

SUMMARY:         The Returned & Serviced League of Australia (RSL) has submitted an objection to the rate record for the 2014/2015 financial year, dated 29 August 2016. The objection outlines claims that Assessment A110080 (the Property) is non-rateable under Section 6.26(2) (g) of the Local Government Act (WA) 1995 (LGA) as the land is ‘used exclusively for a ‘charitable purpose’ (Charitable Use Exemption). This report provides a recommendation for Council’s consideration in response to the objection.

 

Council Resolution:

(Report Recommendation)

Moved: Cr H Tracey                                                 Seconded: Cr R Johnston

That Council:

1.       Allows the extension of time for the Returned & Services League of Australia Broome Sub Branch 2014/2015 Charitable Use Exemption application for Assessment A110080 under section 6.76(4) of the Local Government Act 1995; and

2.       Refuses the Charitable Use Exemption for Assessment A110080 subject to the Returned & Services League of Australia Broome Sub Branch 2014/2015 application, as the land is not being used exclusively for a charitable purpose in accordance with the Local Government Act 1995 Section 6.26(2) (g) and therefore remains rateable.

CARRIED UNANIMOUSLY 7/0

 

 Attachments

1.

Returned Services League Land Use and Activity Declaration 14/15

2.

WALGA Rates and Charitable Land Use Exemption Applications Best Practice Guideline

3.

HSF Legal Advice Section 6.26(2)(g)


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”, and 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”.

9.4.4      OBJECTION TO THE RATE RECORD - NON-RATEABLE LAND UNDER SECTION 6.26(2)(G) - RATES EXEMPTION APPLICATION 2014/2015 - TRUSTEES OF THE GRAND LODGE OF WA

LOCATION/ADDRESS:                            A101260

APPLICANT:                                              Trustees of the Grand Lodge of WA

FILE:                                                           ARA11

AUTHOR:                                                   Finance Officer - Rates

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director Corporate Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    21 November 2016

 

SUMMARY:         The Trustees of the Grand Lodge of WA (the Lodge) have submitted an objection to the rate record for the 2014/2015 financial year, dated 28 January 2016. The objection outlines claims that Assessment A101260 (the Property) is non-rateable under Section 6.26(2) (g) of the Local Government Act (WA) 1995 (LGA) as the land is ‘used exclusively for a ‘charitable purpose’ (Charitable Use Exemption). This report provides a recommendation for Council’s consideration in response to the objection.

 

 

Council Resolution:

(Report Recommendation)

Moved: Cr R Johnston                                             Seconded: Cr D Male

That Council:

1.       Allows the extension of time for the Trustees of the Grand Lodge of WA 2014/2015 Charitable Use Exemption application for Assessment A101260 under section 6.76(4) of the Local Government Act 1995; and

2.       Refuses the Charitable Use Exemption for Assessment A101260 subject to the Trustees of the Grand Lodge of WA Broome 2014/2015 application, as the land is not being used exclusively for a charitable purpose in accordance with the Local Government Act 1995 Section 6.26(2)(g) and therefore remains rateable.

CARRIED UNANIMOUSLY 7/0

 

 Attachments

1.

Trustees of the Grand Lodge WA Rate Exemption Application 14/15


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”, and 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”.

 

With regard to Item 9.4.5 Cr P Matsumoto declared a Financial Interest as “member of Nyamba Buru and native title holder director” and departed the Chambers at 5.37pm.

 

9.4.5      OBJECTION TO THE RATE RECORD - NON-RATEABLE LAND UNDER SECTION 6.26(2)(G) - RATES EXEMPTION APPLICATIONS 2015/2016 AND 2016/2017 - NYAMBA BURU YAWURU LIMITED

LOCATION/ADDRESS:                            Various properties

APPLICANT:                                              Nyamba Buru Yawuru Limited

FILE:                                                           ARA11.1, ARA11

AUTHOR:                                                   Director Corporate Services

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director Corporate Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    28 October 2016

 

SUMMARY:         Nyamba Buru Yawuru Limited (NBY) has submitted an objection to the rate record for the 2015/2016 and 2016/2017 financial years, dated 10 December 2015 and 26 August 2016 respectively. The objections outline claims that the land is non-rateable under Section 6.26(2)(g) of the Local Government Act 1995 (LGA) as the land is ‘used exclusively for a charitable purpose’ (Charitable Use Exemption). This report provides a recommendation for Council’s consideration in response to the objections.

 

Council Resolution:

(Report Recommendation)

Moved: Cr D Male                                                    Seconded: Cr C Mitchell

That Council:

1.       Refuses the application for rates exemption for all properties subject to Nyamba Buru Yawuru Ltd’s 2015/2016 application, as the land is not being used exclusively for a charitable purpose, in accordance with the Local Government Act 1995 Section 6.26(2)(g) and therefore remains rateable.

 

2.       Refuses the application for rates exemption for all properties subject to Nyamba Buru Yawuru Ltd’s 2016/2017 application, as the land is not being used exclusively for a charitable purpose, in accordance with the Local Government Act 1995 Section 6.26(2)(g) and therefore remains rateable.

CARRIED UNANIMOUSLY 6/0

 

Cr P Matsumoto returned to the Chambers at 5.38pm and the Chairman advised the Report Recommendation was carried.

 

 Attachments

1.

NBY 1516 Objection to Rate Record - Application Rate Exemption

2.

NBY 1617 Objection to Rate Record - Application Rate Exemption

3.

Deed of Release - NBY

4.

NBY Proposed Deed Interest Calculations

5.

NBY Proposal for Mediation

 

Council Resolution:

Moved: Cr C Mitchell                                              Seconded: Cr M Fairborn

That the Meeting again be open to the public at  5.38pm.

CARRIED UNANIMOUSLY 7/0

 

The Council Chambers were opened and it was noted that no members of the public returned to the Chambers.

 

15.       Meeting Closure

 

There being no further business the Chairman declared the meeting closed at 5.38pm.