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

 

27 July 2017


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 27 July 2017                                                                             Page 4 of 536

 

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

2017

23 February

 

 

 

 

 

 

 

 

A

2017

30 March

 

 

LOA

 

LOA

 

 

 

 

2017

27 April

 

A

LOA

A

 

 

 

 

 

2017

25 May 2017

 

 

 

 

LOA

 

 

 

 

2017

29 June 2017

 

 

 

A

LOA

 

 

 

 

2017

27 July 2017

 

A

 

 

LOA

 

 

 

 

 

·       LOA (Leave of Absence)

·           NA (Non Attendance)

·       A (Apologies)

 

2.25.       Disqualification for failure to attend meetings

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

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

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

                 (a)     a meeting that has concluded; or

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

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

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

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

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

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

                 (b)     if the non‑attendance occurs —

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

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

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

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

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

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

 

 


MinutesOrdinary Meeting of Council 27 July 2017                                                                                        Page 6 of 536

 

SHIRE OF BROOME

Ordinary Meeting of Council

Thursday 27 July 2017

INDEX – Minutes

 

1.               Official Opening.. 8

2.               Attendance and Apologies. 8

3.               Declarations Of Financial Interest / Impartiality. 9

4.               Public Question Time. 9

5.               Confirmation Of Minutes. 9

6.               Announcements By President Without Discussion.. 10

7.               Petitions. 11

8.               Matters For Which The Meeting May Be Closed.. 11

9.               Reports of Officers. 12

9.1      Our People. 13

9.1.1     EVENT APPROVALS - SHINJU MATSURI 2017. 14

9.2      Our Place. 49

9.2.1     TRADING IN PUBLIC PLACES LICENCE APPLICATION - PILBARA FISH TRUCK  50

9.2.2     BORELINE ROAD AND EIGHTY MILE BEACH ROAD - DEDICATION.. 60

9.2.3     PARTIAL CLOSURE MANDORA MARSH ROAD.. 74

9.2.4     LOCAL COMMERCIAL STRATEGY - ADOPTION FOR PUBLIC ADVERTISING.. 81

9.2.5     LOCAL GOVERNMENT PARKING AND PARKING FACILITIES AMENDMENT LOCAL LAW 2017. 186

9.2.6     LEASE DISPOSAL TO KIMBERLEY WILD EXPEDITIONS PTY LTD PORTION OF RESERVE 34305. 275

9.2.7     CABLE BEACH SUNSET MARKETS. 287

9.3      Our Prosperity. 298

9.3.1     SUBMISSION - INQUIRY INTO REGIONAL AIRFARES IN WESTERN AUSTRALIA.. 299

9.4      Our Organisation.. 305

9.4.1     MONTHLY PAYMENT LISTING - JUNE 2017. 306

9.4.2     MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT JUNE 2017. 339

9.4.3  2017/2018 CHRISTMAS CLOSURE. 461

9.4.4  REQUEST FOR TENDER FOR LEASE OF THE ROEBUCK BAY CARAVAN PARK. 466

10.            Reports of Committees. 472

10.1      BUSH FIRE ADVISORY COMMITTEE MEETING MINUTES - 14 JUNE 2017. 473

10.2      LOCAL EMERGENCY MANAGEMENT COMMITTEE MEETING MINUTES - 14 JUNE 2017. 493

11.            Notices of Motion.. 532

12.            Business of an Urgent Nature. 533

12.1      NYAMBA BURU YAWURU RATES EXEMPTION APPLICATION.. 533

13.            Questions By Members Of Which Due Notice Has Been Given.. 534

14.            Matters Behind Closed Doors. 534

12.1   NYAMBA BURU YAWURU RATES EXEMPTION APPLICATION.. 535

15.            Meeting Closure. 536

 


MinutesOrdinary Meeting of Council 27 July 2017                                                                                        Page 7 of 536

 

 

NOTICE OF MEETING

 

 

 

Dear Council Member,

 

 

The next Ordinary Meeting of the Shire of Broome will be held on Thursday, 27 July 2017 in the Council Chambers, Corner Weld and Haas Streets, Broome, commencing at 5.00pm.

 

 

 

Regards

 

 

S MASTROLEMBO

Chief Executive Officer

 

20/07/2017

 


MinutesOrdinary Meeting of Council 27 July 2017                                                                                      Page 11 of 536

 

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 27 July 2017, COMMENCING AT 5.00pm.

 

1.         Official Opening

 

The Chairman welcomed Councillors, Officers and members of the public and declared the meeting open at 5.08pm.

 

2.         Attendance and Apologies 

 

Attendance:               Cr R Johnston             Shire President

                                      Cr M Fairborn

                                      Cr W Fryer

                                      Cr D Male

                                      Cr P Matsumoto

                                      Cr C Mitchell

                                      Cr B Rudeforth

 

Leave of Absence:              Cr E Foy (as granted at OMC 27 April 2017)

 

A written request for a Leave of Absence for the Ordinary Meeting of Council to be held

31 August 2017 was received from Cr D Male

 

Council Resolution:

Moved: Cr C Mitchell                                               Seconded: Cr M Fairborn

That a Leave of Absence for Cr D Male be granted for the Ordinary Meeting of Council to be held 31 August 2017.

CARRIED UNANIMOUSLY 7/0

 

Apologies:                   Cr H Tracey                 Deputy Shire President

 

Officers:                       Mr S Mastrolembo     Chief Executive Officer

                                      Mr J Watt                     Director Corporate Services

                                      Ms A Nugent               Director Development and Community

                                      Mr S Harding               Director Infrastructure

                                      Mr D Forrest                 Manager Governance

                                      Mr S Penn                    Media and Promotions Officer

                                      Ms M Wevers              Senior Administration and Governance Officer

 

Public Gallery:            Doug Fong

                                      Margaret Fong

                                      Pearl Fong

                                      Peter Smith                  Shire of Broome

                                      Devon Chang            Shire of Broome

                                      Nick Johnston

                                      Hon. Paul Omodei               Shire of Manjimup

                                      Joe Calandra             Broome Heli

                                      Kira Fong

                                      Jordan Binns

                                      Vic Fong

                                      Mick Fong

                                      Kirsten Wood              Shire of Broome

                                      Michael Leake           Habitat Resort

                                      Andrew D

 

3.         Declarations Of Financial Interest / Impartiality

 

FINANCIAL INTEREST

Councillor

Item No

Item

Nature of Interest

Cr P Matsumoto

12.1

NYAMBA BURU YAWURU RATES EXEMPTION APPLICATION

Financial – member and board director NBY. Native title holder PCB.

 

IMPARTIALITY

Councillor

Item No

Item

Nature of Interest

Cr C Mitchell

9.4.4

REQUEST FOR TENDER FOR LEASE OF THE ROEBUCK BAY CARAVAN PARK

Impartiality – one of applicants is chair of an organisation I work for.

Cr B Rudeforth

12.1

NYAMBA BURU YAWURU RATES EXEMPTION APPLICATION

Impartiality – association with NBY as a member of Yawuru PBC.

 

4.         Public Question Time

 

The following question was asked by Michael Leake at the meeting:

With reference to item 9.3.1 Submission – Inquiry into Regional Airfares in Western Australia, does the Shire see this submission as putting forward a position of leadership on behalf of Broome and if not, who does the Shire and Councillors think will provide a position of leadership for the people of Broome into this regional airfare enquiry?

 

Response provided by Chairman:

The elected members have and will continue, to provide leadership for the Shire of Broome. I agree the submission is not comprehensive however the Shire of Broome are involved in 2 other submissions which include the WA Regional Capitals Alliance and the Kimberley Zone of WALGA, both of which are making submissions. A public inquiry is being held in mid-August at which time we will be making a further comprehensive submission. What we’re voting on today is just a pre-cursor to that.

 

5.         Confirmation Of Minutes

 

Council Resolution:

Moved: Cr M Fairborn                                              Seconded: Cr C Mitchell

That the Minutes of the Ordinary Meeting of Council held on 29 June 2017, as published and circulated, 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 refered to the presentation given to Pearl Fong for her 100th birthday prior to the opening of the meeting and requested that the letter received from Margaret and Doug Fong as part of this presentation be included in the Minutes.

 

Letter received from Margaret and Doug Fong:

 

100th birthday of Pearl Fong

 

Pearl Fong (nee Tack), turns 100 on July 29 this year. She has been an integral part of Broome for many years. She is the oldest Asian in Broome and the oldest surviving representative of the general stores of OLD Broome.

 

Her husband’s father, L.L. Tack, came here as a trader in 1916 and the shop had the same name, despite changes in location, until it closed in 1986.

 

Pearl’s grandfather came here in about 1903 and, with his son, did several jobs before going back to Darwin. His son, Pearl’s uncle, did an apprenticeship with TB Ellies in jewellery making for several years sometime between 1904 and 1906.

 

Pearl’s father came to Broome with his family in 1935 to manage the store where Pearl still lives. In 1937 she married L.L. Tack’s son, Arthur, who had the family store where Bob’s Shoe Shop now is. She moved there after her marriage and her parents returned to Darwin.

 

Her first child was born in the living quarters above the shop. Arthur ran a taxi, helped with the shop, co-owned two pearling luggers, was an official Chinese interpreter and was a licensed pearl dealer prior to the war.

 

In 1942 she and her child were evacuated to Perth ahead of the attack on Broome and her husband, together with other Asians from Broome, had to find his own way overland to Perth - a six-week journey in the wet.

 

Arthur started business in Perth and returned to Broome in 1947. The shop had been severely damaged by white ants and had been looted. He contacted the owner of the current shop location and bought the block with its buildings. Mum was now back where she started her Broome saga! The only original building still standing is the ‘Wear Art’ premises and it still carries the L.L. Tack sign.

 

So many Broome residents remember buying lollies and clothing there. The stock of every household need of the 50’s and 60’s could be obtained there and Pearl was renowned for her kindness. They opened on picture night and a lot of dress fabric, clothing, shoes, etc was bought before the pictures, as the evening was a cooler time to shop. No fans, even until the late 60’s. Interval saw a brisk sale of lollies, fruit and cool drink.

 

Pearl may be the oldest, and last, link to that era of Broome.

 

 

6.2     I was contacted on Tuesday this week by the ABC in regards to a proposal to develop a Multi-User Supply Base on Cockatoo Island made by Kimberley Technology Solutions Pty Ltd. The Shire has not been contacted by Kimberley Technology Solutions Pty Ltd in relation to their proposal. We have reacted very quickly to the matter through the media and the CEO and myself have met with the Minister for Regional Development and next week we will meet with the Director General of the Department of Regional Development.  We will be opposing this proposal and I am confident that we will prevail beause a Supply Base on Cockatoo Island would be extremely detrimental to Broome and the Kimberley.

 

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 B Rudeforth

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:

12.1       NYAMBA BURU YAWURU RATES EXEMPTION APPLICATION

Item 12.1 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.

 


MinutesOrdinary Meeting of Council 27 July 2017                                                                                      Page 23 of 536

 

 

9.1.1      EVENT APPROVALS - SHINJU MATSURI 2017

LOCATION/ADDRESS:                             Male Oval, Cable Beach, Cable Beach Reserve and Amphitheatre and Various Other Locations

APPLICANT:                                              Shinju Matsuri

FILE:                                                           REP004

AUTHOR:                                                   Events and Economic Development Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    1 June 2017

 

SUMMARY:         In February 2014 Council adopted Events Policy 5.1.11 which provides delegated authority to officers to approve certain events. Many of the events planned for the annual Shinju Matsuri festival require Council approval in accordance with the Policy. 

This report seeks Council’s consideration of the applications from Shinju Matsuri Inc to hold festival events in Broome in 2017.

 

BACKGROUND

 

Previous Considerations

OMC 12 July 2012                              Item 9.2.4

OMC 20 June 2013                            Item 10.1

OMC 27 February 2014                     Item 9.1.3

OMC 27 March 2014                         Item 10.1

OMC 24 April 2014                             Item 10.3

OMC 28 August 2014                        Item 9.1.1

OMC 30 July 2015                              Item 9.1.1

OMC 28 April 2016                             Item 9.1.2

 

Background

 

At the 25 May 2017 OMC Council resolved to enter into a one year sponsorship agreement with Shinju Matsuri Inc. The Agreement outlines each party’s obligations and the cash and in-kind sponsorship to be provided by Council in support this community event.

 

In February 2014, Council adopted Events Policy 5.1.11 which provides for categories of events along with the associated criteria guiding what events can be approved under delegation. In accordance with the Policy, a number of the Shinju events require Council’s consideration.

 

COMMENT

 

This report seeks Council approval for those festival events which cannot be approved under delegation in accordance with Policy 5.1.11. The Policy does not officers to approve under delegation events that are anticipated to attract attendance exceeding 2500 people or events that are located on the Cable Beach foreshore reserve.

 

Despite there being some Shinju events that can be approved by officers, it was considered desirable for Council to consider the entire event package for the festival as a whole.

 

The events planned for the festival are outlined in the table below:

 

Event

Date

Estimated number of attendees

Comments/Location

Shinju Matsuri Information Booth*

Saturday 2 to Sunday 10 September 2017

500

Roebuck Bay Hotel Car Park. Various times during this period.

Waking of Sammy the Dragon

Saturday 2 September 2017

500

Carnarvon Street, Chinatown.

Partial road closures affecting Chinatown.

Float Parade

Sunday 3 September 2017

2500

Partial road closures affecting Chinatown.

Pearl Harvest Party

(Previously Mardi Gras)

Sunday 3 September 2017

2500

Dampier Terrace, Chinatown.

Partial road closures affecting Chinatown.

A View to Asia

(Art Installation on Cable Beach reserve)

Thursday 31 August to Monday 12 September 2017

500

Cable Beach Reserve R3477 extending from the Broome Surf Life Saving Club to the area north of Zanders.

Jetty to Jetty Trail

4, 5 and 7 September 2017

500

Locations not finalised at time of application.

Lantern Matsuri

 

Friday 8 September 2017

2500

Details of the event are still being finalised with the event organiser (see below).

Sunset Long Table Dinner 

Saturday 9 September 2017

500

Cable Beach.

Festival Finale

Sunday 10 September 2017

8000

Cable Beach Amphitheatre.

Partial road closures affecting the Cable Beach locality.

*In accordance with Clause 61(2)(d) of the Deemed Provisions (in the Planning and Development (Local Planning Schemes) Regulations 2015), does not require development approval as it is a temporary use for in existence for less than 48 hours in any 12 month period.

 

Large Events forming part of the 2017 festival

 

Each of the events described below is considered large event due to anticipated attendance as advised by the event organiser. The events will also require road closures, and consultation is currently being undertaken by the event organiser with the owners of properties that adjoin the road closure areas. A traffic management plan will be developed and implemented in accordance with the Main Roads Western Australia (MRWA) Instrument of Authorisation for Traffic Management for Events and Traffic Management for Events Code of Practice March 2011. An application for an order for a road closure will be submitted to the Western Australian Police Department in accordance with requirements section 36 of the Road Traffic (Administration) Act 2008.

 

Waking Sammy Festival Opening

The event application for this event is shown as Attachment 1 to this report. The Waking Sammy Festival opening will be held Saturday, 2 September 2017 between 4pm and 8pm on Carnarvon Street outside the Sun Picture Theatre. Activities will also be held inside the Theatre.  The event will require the partial closure of Carnarvon Street.

 

Float Parade

The event application for this event is shown in Attachment 2 to this report. The float parade in 2017 will be held on Sunday, 3 September between 12pm and 3pm. The route will start on Weld Street before proceeding along Barker Street, Hammersley Street, Napier Terrace, Carnarvon Street and Gray Street. The parade will terminate on the north end of Dampier Terrace.

 

Pearl Harvest Party

The event application for this event is shown in Attachment 3 to this report. The Pearl Harvest Party will be held Sunday, 3 September 2017 between 9am and midnight on Dampier Terrace. This event will replace the traditional Mardi Gras. The event will require the closure of Dampier Terrace between Napier Terrace and Gray Street.

 

Other activities that form part of this event include a stage area for concert and performances, pearl exhibits, Jetty to Jetty projection performance, a licenced bar area, markets stalls and buskers.

 

Lantern Matsuri

The event application for this event is shown in Attachment 4 to this report. The Floating Lantern event will be held Friday, 8 September 2017 at Gantheaume Point Beach between 10am and 11pm. It is anticipated that this event will attract approximately 2500 participants. The event will include music and entertainment as well as the lantern floating ceremony. An area for VIP guests will be set aside and these guests will be served food and alcohol.

 

Officers consider this event high risk due to the interaction between pedestrians and vehicles traversing through the location during the event. Gantheaume Point Beach is an area of high use for boat launching, swimming and beach recreation, and this is one of the prime locations for viewing the sunset. There is the potential for congestion in this location on a normal day and adding the additional 2500 participants that are expected for this event would constitute a high risk.

 

Officers have considered two options to mitigate the interaction between vehicles and pedestrian traffic risk:

 

·     Option 1: Relocate the event to an alternative location that would allow for segregation of vehicle and pedestrian traffic. Town Beach reserve would be well suited to an event of this nature and the layout would provide the opportunity to easily create segregation. Large scale events are regularly held at this location

 

·     Option 2: The closure of the Gantheaume Point Beach access to all vehicles not involved in the set up of the event be put in place. The closure would be required to be in place from 6.00am to 11.00pm on the day of the event to ensure no unauthorised vehicles were on the beach during the event. The closure would require traffic management personnel to man the site to allow authorised users access on and off the Beach during the closure period.

 

All beach users for recreational purposes and attending the event would be required to park in the Turf Club car park. Controls would need to be in place to ensure pedestrians could safely cross Gantheaume Point Road. Limited provision for parking on the beach would need to be made for an accessible parking area. The event organiser would be required to ensure the beach ramp closure was well advertised to the general public and liaise directly with commercial users of the area to ensure awareness of the closure taking place.

 

Officers have had initial discussions with the event organiser which has subsequently been supported by a letter from the event organiser indicating their preference for Option 2. This is in part due to their funding agreement with Tourism WA which is based on the event being located on Cable Beach.

 

The area that will be subject to the closure comprises the Reserve 51106 which is part of the in-town conservation estate jointly managed by the Shire and the Yawuru Native Title Holders Aboriginal Corporation Registered Native Title Body Corporate (Yawuru), and Port waters under the jurisdiction of the Kimberley Port Authority. Officers will work with Yawuru and the Kimberley Port Authority to facilitate the closure of the Gantheaume Point road access to recreational vehicles for the event.

 

There will be an impact on other users due to the area being heavily frequented by both locals and tourists.  However, it is considered that the inconvenience to other users by closing vehicle access to the beach is outweighed by the reduced risk to public safety during the holding of this event. It is therefore recommended that officers proceed to work with the event organiser to implement Option 2.

 

Festival Finale

The event application for this event is shown in Attachment 5 to this report. The Festival Finale is scheduled for Sunday, 10 September 2017 in the Cable Beach amphitheatre and the Cable Beach Car Park between 8am and midnight. It is anticipated that this event will attract between 5000-8000 participants and will include music, entertainment, market stalls and a fire works display. The event requires a road closure on Cable Beach Road West at the intersection of Sanctuary Road.

 

Summary

 

The events forming part of the Shinju Matsuri Festival are considered valuable community events. The required event application documentation has been submitted to a standard that evidences that the events can be carried out appropriately and safely.  Therefore, officers recommend that the Chief Executive Officer be authorised to approve these events, subject to all regulatory requirements being met, such as Public Building approvals under the Public Health Act 2016 and food licences under the Food Act 2008.

 

CONSULTATION

 

Shinju Matsuri Inc.

Project 3

Kimberley Port Authority

 

STATUTORY ENVIRONMENT

 

Shire of Broome Local Government Property and Public Places Local Law 2016

 

1.5     Definitions

In this local law, unless the context otherwise requires –

event means an occurrence held within the district 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 -

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

(b) ceremonies and processions;

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

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

(e) festivals, exhibitions and expos; and

(f) community events and fundraisers;

 

 

3.5 Application for permit

(1) Where a person is required to obtain a permit under this local law, that person must apply for the permit in accordance with subclause (2).

(2) An application for a permit 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; and

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

(3) The local government may require an applicant to provide additional information reasonably related to an application before determining an application for a permit.

(4) The local government may require an applicant to give local public notice of the application for a permit.

(5) The local government may refuse to consider an application for a permit which is not in accordance with subclause (2).

 

3.6 Decision on application for permit

(1) The local government may –

(a) approve an application for a permit unconditionally or subject to any conditions; or

(b) refuse to approve an application for a permit.

(2) If the local government approves an application for a permit, it will issue to the applicant a permit in the form determined by the local government.

(3) If the local government refuses to approve an application for a permit, it will give written notice of that refusal to the applicant.

 

3.7 Factors relevant to the determination of an application

(1) In deciding whether to approve an application for a permit, the local government:

(a) may assess the application for a permit in accordance with the provisions of any relevant policy that applies to the proposed use or occupation of the public place;

(b) must satisfy itself that the proposed use or occupation of the public place –

(i) will not result in harm to human health or safety or personal injury; 

(ii) will not result in property damage or a loss of amenity;

(iii) will not result in environmental harm or environmental nuisance; and

(iv) will not result in a nuisance.

(2) Before the local government decides an application for a permit, an authorised person may –

(a) inspect any vehicle, equipment, animal, plant or thing to be involved in the

undertaking of the activity; and

(b) measure, weigh, sample, test or otherwise examine anything that may be inspected.

 

3.8 Conditions which may be imposed on a permit

(1) Without limiting the generality of clause 3.6(1)(a), the local government may approve an application for a permit subject to conditions relating to -

(a) the payment of a fee and the timing for the payment of that fee;

(b) compliance with the provisions of any relevant policy that applies to the proposed use or occupation of the public place;

(c) the duration and commencement of the permit;

(d) the commencement of the permit being contingent upon an occurrence;

(e) the rectification, remedying or restoration of a situation or circumstance reasonably related to the application;

(f) the requirement for approval under any written law;

(g) the area of the district to which the permit applies;

(h) where a permit is issued for an activity which will or may cause damage to local government property, the payment of a deposit or bond against such damage;

(i) payment of a bond for cleaning expenses;

(j) restrictions on the erection of material or external decorations;

(k) rules about the use of furniture, plant and effects;

(l) limitations on the number of persons who may attend an event;

(m) the duration of the hire of local government property and whether or not the hire is for the exclusive use of the local government property;

(n) the right of the local government to cancel a booking during the course of an annual or seasonal booking, if the local government sees fit;

(o) the prohibition on the sale, supply or consumption of liquor;

(p) the provision of an indemnity from the applicant, indemnifying the local government in respect of any injury to any person or any damage to any property which may occur in connection with the proposed use or occupation of the public place; and

(q) the obtaining of a policy of insurance in an amount and on terms reasonably required by the local government.

 

4.1 Behaviour which interferes with others

A person must not, in a public place, behave in a manner which—

(a) is likely to interfere with the enjoyment of a person who might use the place;

(b) interferes with the enjoyment of a person using the place or nearby private land; or

(c) creates a nuisance.

5.1 Application for hire

(1) The local government may hire local government property to a person who makes an application for a permit for the hire of the local government property under clause 3.5 and who pays the hire fee, if the local government approves the application under clause 3.6.

(2) The local government may determine that the requirements of subclause (1) do not apply to the hiring of particular local government property or a class of local government property.

 

5.2 Decision on application where 2 or more applicants

In the event of 2 or more applications being made for the hire of the same local government property for the same date and time, the local government may determine which, if any, applicant will be granted an approval to hire.

 

5.3 Conditions of hire and use

The conditions that may relate to a permit for hire of local government property include–

(a) the amount of any fees and charges and when they are to be paid;

(b) the purpose for which the local government property may be used;

(c) the duration of the hire;

(d) payment of a bond against possible damage, cleaning or other expenses;

(e) restrictions on the erection of decorations inside and outside any building which is local government property;

(f) restrictions on use of furniture, plants and effects;

(g) the number of persons that may attend any event in a building which is local government property;

(h) the right of the local government to cancel a booking at any time during the course of an annual or seasonal booking;

(i) the prohibition of the consumption of liquor unless an approval has been issued by the local government;

(j) the prohibition of or any restrictions on the sale and supply of liquor;

(k) securing and locking up local government property at the end of each hire period;

(l) the prohibition of gaming;

(m) restrictions on the type of container (whether of glass, metal, plastic or other) that drinks may be provided and served in or consumed from;

(n) requiring that the amplification of any noise or any noise emitted during the duration of the hire complies at all times with the Environmental Protection (Noise) Regulations 1997; and

(o) any other condition that the local government considers fit.

 

5.4 Responsibilities of hirer

The holder of a permit for the hire of local government property must –

(a) take reasonable steps to maintain law and order by all in attendance at any event for which the local government property has been hired;

(b) ensure that an authorised person has unobstructed access to the local government property for the purpose of inspecting the local government property or enforcing any provision of this local law;

(c) prevent overcrowding;

(d) leave the local government property in a clean and tidy condition after its use;

(e) prevent the sale and consumption of any liquor unless a licence has been obtained under the Liquor Control Act 1988 for that purpose, and the local government has approved the sale and consumption of the liquor;

(f) report any damage or defacement to the local government property to the local government forthwith;

(g) take steps to repair or rectify any damage or defacement to the local government property as directed by the local government; and

(h) ensure compliance with all conditions and relevant laws upon which the permit was issued.

 

POLICY IMPLICATIONS

 

The following policies are relevant to the Shinju Matsuri event applications:

·   Policy 3.1.20 Traffic Management for Events

·   Policy 5.1.11 Events

 

FINANCIAL IMPLICATIONS

 

The Shire’s Sponsorship Agreement with Shinju Matsuri includes in-kind support to a maximum of $50,000 per annum. This includes hire of the Civic Centre, traffic management plan review and implementation, waste management, cleaning and banner location hire. Any works required to be carried out in excess of this amount are to be charged to Shinju Matsuri as private works in accordance with the Shire’s Fees and Charges.

 

2017 Shinju Sponsorship Agreement

Funding Type

Details

Cost $

GL Account

Job Number

Cash

Annual sponsorship

60,000

116180

116181

Cash

Acquisitive Art Prize

8,000

 

116182

In-Kind

Including

Venue Hire,

P&G expenses

Works expenses

50,000

 

22174 116185 116186

 

TOTAL

 

118,000

 

 

 

RISK

 

In accordance with the Shire’s Events Policy 5.1.11, all applications discussed in this report are required to submit a Risk Management Plan prior to an event permit being issued.

 

Events requiring road closures will need to have the appropriate Traffic Management Plan/s completed.

 

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

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

 

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

 

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

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                               Seconded: Cr P Matsumoto

That Council:

1.       Authorises the Chief Executive Officer to approve (with minor variations as required) the issuing of event permits in accordance with the Shire of Broome Local Government Property and Public Places Local Law 2016 to Shinju Matsuri Inc for the following events, to be held on Shire property as part of the 2017 Shinju Matsuri Festival:

·    Shinju Matsuri Information Booth;

·    Waking of Sammy Opening Ceremony;

·    Pearl Harvest Party;

·    Opening Ceremony;

·    Float Parade;

·    Jetty to Jetty Trail;

·    Lantern Matsuri to be held at Gantheaume Point;

·    Sunset Long Table Dinner; and

·    Festival Finale.

          subject to;

a)      The applicant meeting all regulatory requirements for each proposed event;

b)      Compliance with all local laws, State and Federal Acts and Regulations related to the event activity; and

c)      All risk control measures, outlined within the Risk Management Plan submitted with the event application being adhered to, to the satisfaction of the Chief Executive Officer.

2.       Authorises the Chief Executive Officer to approve (with minor variations as required) the issuing of an event permit in accordance with the Shire of Broome Local Government Property and Public Places Local Law 2016 to Shinju Matsuri Inc for ‘A View to Asia’ subject to the following conditions;

a)      The applicant meeting all regulatory requirements for the event;

b)      The exhibition area that is used must be determined in consultation with Shire officers;

c)      Shinju Matsuri accepts all responsibility for, and indemnifies the Shire against, any liability arising from the event including obtaining sign off from a structural engineer where appropriate;

d)      Risk signage is installed at the site by Shinju Matsuri;

e)      Shinju Matsuri accepts all responsibility for the security, maintenance and/or replacement of the artworks;

f)       Shinju Matsuri accepts responsibility and reimburses the Shire for any remediation of the grassed area and its utilities where the artworks are installed; and

g)      The Shire reserves the right, at its sole discretion, to remove and/or refuse any of the artworks for any reason whatsoever.

3.       Authorises the Chief Executive Officer to work with Kimberley Port Authority and the Yawuru Native Title Holders Aboriginal Corporation Registered Native Title Body Corporate to close Cable Beach at Gantheaume Point to vehicles not requiring access for bona fide commercial purposes or accessible parking, to facilitate the holding of the Lantern Matsuri.

CARRIED UNANIMOUSLY 7/0

 

Attachments

1.

Waking Sammy Festival Opening

2.

Float Parade Application

3.

Pearl Harvest Party Application

4.

Lantern Matsuri Application

5.

Festival Finale Application

  


Item 9.1.1 - EVENT APPROVALS - SHINJU MATSURI 2017

 

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Item 9.1.1 - EVENT APPROVALS - SHINJU MATSURI 2017

 

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Item 9.1.1 - EVENT APPROVALS - SHINJU MATSURI 2017

 

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Item 9.1.1 - EVENT APPROVALS - SHINJU MATSURI 2017

 

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Item 9.1.1 - EVENT APPROVALS - SHINJU MATSURI 2017

 

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator

 


 

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.


MinutesOrdinary Meeting of Council 27 July 2017                                                                                      Page 57 of 536

 

 

9.2.1      TRADING IN PUBLIC PLACES LICENCE APPLICATION - PILBARA FISH TRUCK

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           COS11

AUTHOR:                                                   Environmental Health Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    4 July 2017

 

SUMMARY:         The Shire received an application for a Trading Licence under the Trading, Outdoor Dining and Street Entertainment Local Law 2016 to operate a food business selling frozen seafood from a refrigerated truck.  The proposed trading location for the truck is within the Old Broome Road road reserve adjacent to Reserve R42309 for which the Shire has a management order for Drainage and Recreation purposes. This report provides an overview of the application for Council’s consideration.

 

 

BACKGROUND

 

Previous Considerations

 

Nil.

 

COMMENT

 

Application Details

 

Applicant

Scott Kratochvill

Application Received

20 April 2017

Application Fee Paid

Yes

Information on Application

Complete

Appropriately Zoned Land

Not required by this activity

Public Liability Insurance

Will be a requirement prior to issuing the licence.

Details of Proposed Activity

Food business selling frozen seafood from a refrigerated truck.

 

An application for a Trading Licence was received from Scott Kratochvill of the Pilbara Fish Truck on 20 April 2017. The applicant proposes to incorporate Broome into his monthly schedule and trade for one weekend (Saturday and Sunday) per month. The applicant has expressed an intention that the visits to Broome would be year round.

 

Business Details

 

The Pilbara Fish Truck is a mobile food business selling frozen seafood from an 18 metre long refrigerated truck. The business markets itself as selling ‘local quality healthy seafood direct from the boats’. The Pilbara Fish Truck is registered as a food business with the City of Karratha and currently travels to towns within the Pilbara including South Hedland, Port Hedland, Karratha, Paraburdoo, Tom Price, Newman, Onslow, Pannawonica and Wickham, on a monthly basis. 

 

Proposed Locations

 

The applicant proposed several trading locations in his application, including:

·    the long vehicle car park at the Broome Visitors Centre (BVC);

·    the Broome Cemetery car park (R1647) near Taiji Road on Port Drive;

·    the car park at the Broome Recreation and Aquatic Centre; and

·    the road reserve on Cable Beach Road West adjacent to the former crocodile park.

 

The long vehicle car park at the BVC was not considered suitable due to the high usage of that area for the parking of long vehicles, such as buses and vehicles towing caravans, boats or trailers. The addition of an 18m truck and the vehicles of customers would negatively impact on parking for tourists using the centre.

 

The Cemetery car park was not considered suitable as there have previously been objections to the existing vendor (Mollie Bean) trading there and an additional vendor is not considered appropriate.  

 

The car park at BRAC was not considered suitable as it is often quite busy and the presence of an 18m long truck would be likely to exacerbate existing parking issues. In addition, the truck and any associated increase in traffic into the car park may cause safety issues as the area is frequented by many children who access the facilities.

 

The road reserve on Cable Beach Road West behind the former crocodile park was not considered suitable as a large truck is not consistent with the use and image of the general area as a space for recreation and tourism. 

 

Discussion of the proposed locations at a Development Control Unit meeting resulted in the proposal of an alternate location, this being a large section of land within the Broome Road road reserve adjacent to Reserve R42309 for which the Shire holds a management order for Drainage and Recreation (see Attachment 1).  This proposed location was put to the applicant who has confirmed that this location would be suitable.

 

This location on Broome Road is more than 100m from the intersection of Old Broome Road and Gubinge Road, and has ample space for the parking of the truck and customers’ vehicles.  The dirt surface should not pose a food safety risk in terms of dust for this particular business, as all food is pre-packaged.

 

The Shire’s Engineering Department have advised that the proposed trading location is expected to have minimal impact on traffic because of the two existing access points off the constructed section of Broome Road.  Shire officers will monitor the traffic situation and if necessary basic traffic management, such as traffic cones, can be put in place. 

 

The trading location is prone to flooding and during rain events the trading activity may need to be cancelled or rescheduled.

 

The adjacent Reserve R42309 is frequently used by the Shire’s Works Department and the trading will need to be limited to Saturday and Sunday (as proposed by the applicant) to limit the impact on Shire operations on the adjacent Reserve.

 

The proposed trading location is partially screened by vegetation from the adjacent constructed section of Broome Road.  The truck that will be used for the trading activity is well presented and maintained (see Attachment 2).

 

Regulatory Issues

 

The Pilbara Fish Truck has current registration as a food business with the City of Karratha, and provided this registration remains current, no regulatory issues are foreseen.

 

Statutory Planning Considerations

 

As the activity will not require the exclusive use of the land, it is not considered to constitute a land use change which would require development approval. 

 

Conclusion

 

It is recommended that a trading licence be issued to Scottjenny Pty Ltd trading as the Pilbara Fish Truck on a yearly basis for the site on the road reserve adjacent to Reserve R42309, in accordance with Council’s Trading in Public Places Policy 4.2.15 subject to conditions.  The trading licence will take effect upon payment of the licence fee in accordance with Council’s adopted fees and charges.

 

CONSULTATION

 

Scott Kratochvill of the Pilbara Fish Truck.

 

STATUTORY ENVIRONMENT

 

Trading, Outdoor Dining and Street Entertainment Local Law 2016

 

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.

 

POLICY IMPLICATIONS

 

The application has been assessed against the Shire’s Trading, Outdoor Dining and Street Entertainment Local Law 2016 (Local Law) and Policy 4.2.15 – Trading in Public Places (Trading Policy).

 

A licence agreement via a formal disposal process in accordance with section 3.58 of the Local Government Act 1995 is not required in this particular instance due to the temporal nature of the activity and the fact that use of the area will not be exclusive.

 

Local Law

 

Clause 5.4 of the Local Law contains a list of application requirements. The applicant has provided the necessary information, as described above.

 

Trading Policy

 

The Objectives of the Trading Policy include:

 

1.         To facilitate the assessment and approval of Trading Licences in accordance with the 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. 

 

The application is considered to comply with the objectives of the Trading Policy.

 

The Trading Policy also provides criteria to be met when considering a trading licence application.  These criteria are discussed below.

 

The business would not be directly competing with other like businesses as it is located more than 300m in all directions from any business selling uncooked seafood.

 

The location of the proposed trading area is suitable for the trading activity in terms of size, space and location. 

 

The trading location has been selected so that it will not have an unreasonable impact on other traders, permanent businesses, traffic flow, pedestrians or the public’s use of the public place.  The proposed trading area is currently unused, so is unlikely to create issues for the wider community. 

 

The trading activity does create noise, with the refrigeration on the vehicle and the noise associated with the vehicles of customers pulling into and driving away from the trading area.  However, the impact is likely to be minimal as the trading location is approximately 200m from the nearest residential property and the land in between is bushland that will buffer any noise. Therefore the noise generated is not likely to cause a nuisance.

 

The trading activity is consistent with the zoning of the land in the Shire’s Local Planning Scheme as it is a Local Reserve.   

 

The applicant provided all required documents including a Risk Management Plan, an Occupational Health and Safety Plan and a Business/Operational Plan. These plans have been assessed and have been deemed satisfactory by Shire officers.

 

Therefore, the application complies with the Local Law and Trading Policy.

 

FINANCIAL IMPLICATIONS

 

Should Council approve a Trading Licence for the Pilbara Fish Truck, an annual licence fee will be payable by the applicant. An application fee of $330.00 has already been submitted, and an annual licence fee will be collected in accordance with Council’s adopted fees and charges.

 

Fees are set based on cost recovery.  Given the activity is proposed to be once a month and not in a high usage area, it is proposed that the medium intensity licence fee of $1015.00 per annum will be applicable.

 

RISK

 

Risks associated with the business are to be borne by the applicant.  The applicant has developed a Risk Assessment and Management Plan and a Workplace Health and Safety Management plan to mitigate risks.

 

As part of the terms of the trading licence, the licensee is required to obtain public liability insurance to the value of $10,000,000 ($10 million) prior to the commencement of trading.

 

In light of these mitigation measures, the risk to the Shire in approving the activity is considered Low.

 

There is a risk if the Shire were to refuse the application that the decision may be challenged in the State Administrative Tribunal.  The risk of this occurring should the Shire refuse the application, given the application complies with the Local Law and Trading Policy, is considered Moderate.

 

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

 

Affordable and equitable services and infrastructure

 

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                               Seconded: Cr D Male

That Council:  

1.       Approves the application for a trading licence from Scott Kratochvill for the Pilbara Fish Truck to trade on the road reserve adjacent to Reserve R42309 in accordance with:

(a)    Clause 2.3.1 of the Trading, Outdoor Dining and Street Entertainment Local Law 2016; and

(b)    The application received by the Shire on 20 April 2017.

2.       Authorises the Chief Executive Officer to issue the trading licence to Scottjenny Pty Ltd trading as the Pilbara Fish Truck to trade on the road reserve adjacent to Reserve R42309 in accordance with clauses 2.3.1 and 2.4 of the Trading, Outdoor Dining and Street Entertainment Local Law 2016 subject to the following conditions:

a)   The licence expiry date is 30 June 2018.

b)   All necessary approvals for all aspects of the operation must be obtained and maintained.  

c)   The licence holder must ensure that public liability insurance cover is in place for the trading activity to the value of $10,000,000 ($10 million) at all times.

d)   The licence is not transferable or renewable without the approval of Council and there is to be no expectation of continuance of the licence by the Licence Holder.

e)   The trading activity is to occur within the area approved for the trading activity as detailed on the plan attached to this trading licence.

f)     The licensee must immediately comply with any lawful direction given at any time by the Chief Executive Officer of the Shire of Broome or his or her delegate, or an Authorised Officer, including the Shire of Broome Rangers.

g)   The licensee must maintain and adhere to, during the period of the licence, all procedures, policies, licences and accreditation outlined in the licence application and allow Shire officers, at any time, to inspect and verify the use and currency of those procedures, policies, licences and accreditation.

h)   The licensee must at all times comply with the requirements of all relevant legislation, including but not limited to the Road Traffic Act 1974, the Road Traffic Code 2000, the Food Act 2008 and the Occupational Health and Safety Act 1984.

i)     The licensee may place only one portable sign within the approved trading area.  That sign must:

(i)   not exceed 750mm in height;

(ii)  not exceed 0.9 square metres double sided area (eg. 750mm x 600mm each face);

(iii) not indicate or display any matter other than the nature of the trading activity;

(iv) be placed so as not to cause interference or be hazardous to vehicular traffic or cause any  interference or hazard or impede pedestrians;

(v)  be of sound construction, maintained in good condition, neatly written and fixed in position to the satisfaction of the Shire’s Building Surveyor;

(vi) be removed from the land in the event of a cyclone threat; and

(vii) be removed at the end of each trading session.

j)     The licensee must, at the conclusion of business each day, remove all and any refuse and litter associated with the operation of the trading activity and ensure the site is left in a clean and safe condition.

k)   The only trading activities permitted within the trading area are:

·    The sale of seafood.

CARRIED UNANIMOUSLY 7/0

 

Attachments

1.

Proposed Trading Location

2.

Photos of Pilbara Fish Truck

  


Item 9.2.1 - TRADING IN PUBLIC PLACES LICENCE APPLICATION - PILBARA FISH TRUCK

 

 

Attachment 1: Proposed Pilbara Fish Truck Trading Location on Road Reserve Adjacent to R42309


Item 9.2.1 - TRADING IN PUBLIC PLACES LICENCE APPLICATION - PILBARA FISH TRUCK

 

 

 

 

 

 

 

 


MinutesOrdinary Meeting of Council 27 July 2017                                                                                      Page 65 of 536

 

 

9.2.2      BORELINE ROAD AND EIGHTY MILE BEACH ROAD - DEDICATION

LOCATION/ADDRESS:                             Boreline Road, Eighty Mile Beach Road

APPLICANT:                                              Department of Lands

FILE:                                                           ENG01, BOR-1/GEN, EIG-1/GEN

AUTHOR:                                                   Land Tenure Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    8 May 2017

 

SUMMARY:         At the Ordinary Meeting of Council on 25 September 2008, Council resolved to proceed with the road dedication of Boreline and Eighty Mile Beach roads. The Department of Lands (DoL) subsequently advised the Shire that with regards to these road dedications, Council’s resolution included incorrect land details.

 

This report seeks Council’s consideration of the following matters:

·     Changing the resolution made by Council on 25 September 2008 regarding the dedication of Boreline and Eighty Mile Beach roads;

·     Proceeding with the road dedication of Eighty Mile Beach road; and

·     Indemnifying the Minister for Lands against any claims for compensation pursuant to section 56(4) of the Land Administration Act 1997 for compensation pursuant to section 56(4) of the Land Administration Act 1997.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 25 September 2008            Item 9.5.6

 

At the Ordinary Meeting of Council on 25 September 2008, Council considered a proposal for a “Policy for a Register for Public Roads” to include guidelines for the inclusion of roads on the Public Roads Register (“Roman” database).  Council also considered the down-grading in status of two roads, the removal of several roads from the database and two road dedications.

 

Council resolved:

 

COUNCIL RESOLUTION

 

Moved:     Cr C R Mitchell                     Seconded:         Cr R J Lander

That with respect to rural roads on Council’s “Roman” road asset database, Council:

1.       Notes the down-grading in status of Dampier Downs Road and Frazier Downs Road to “unformed”.

2.       Agrees that the following roads are not Council’s assets or maintenance responsibility and that they be removed from the database:

• Waterbank Road – Unformed 4.83km

• Roebuck Plains Road – Unformed 9.01km

• Kilto Road – Unformed 14.01km

• Dampier Downs Road – Unformed 122.61km

• Thangoo Road – Unformed 14.76km

• Frazier Downs Road – Unformed 14.07km

• Nita Downs Road – Unformed 2.6km

• Anna Plains Road – Unformed 16.16km

• Mandora Road – Unformed 12.44km

• Wallal Downs Road – Unformed 13.44km

• Country Downs Road – Unformed 3.54km

3.       Agrees the draft Public Roads Register Policy be adopted.

4.       Agrees that the responsibility for maintenance and liability on access roads on Aboriginal land be addressed at the time of making arrangements for implementation of the Bi-lateral agreement for service delivery to Aboriginal communities.

5.       That with respect to the dedication of Boreline Road, from the Great Northern Highway to the common boundary with the East Pilbara Shire Council agrees to request the Minister for Lands to excise a strip of land (60m wide), from CL 238511 Lot 44, to be surveyed notionally on the alignment of the existing road known as Boreline Road, and to dedicate as Road.

6.       That with respect to the dedication of Eighty Mile Beach Road, from the Great Northern Highway to the public foreshore, Council agrees to request the Minister for Lands to excise a strip of land (60m wide) from CL 238511, to be surveyed notionally on the alignment of the existing road known as Eighty Mile Beach Road and to dedicate as Road.

CARRIED UNANIMOUSLY

 

The Shire wrote to the Minister for Lands requesting the road dedications in accordance with Council resolution.

 

Boreline Road

 

The area of Boreline Road proposed to be dedicated in accordance with the Council resolution is shown in yellow in Attachment 1.   Department of Lands (DoL) subsequently advised the Shire that the Council resolution dated 25 September 2008 incorrectly described the land details for the proposed Boreline Road dedication.

 

Eighty Mile Beach Road

 

The area of Eighty Mile Beach Road proposed to be dedicated in accordance with the Council resolution is shown in Attachments 2 and 3.  In relation to this road dedication, DoL advised the Shire that the Council resolution dated 25 September 2008 was inadequate and incorrectly described the land details for the proposed Eighty Mile Beach Road dedication.

 

COMMENT

 

This report recommends that Council change the Council resolution from the Ordinary Meeting of Council on 25 September 2008 (Item 9.5.6) to exclude points 5 and 6, pursuant to Regulation 10 of the Local Government (Administration) Regulations 1996 (WA).

 

The reasons for this change and further resolutions that are required are outlined below.

 

Boreline Road

 

Boreline Road is located approximately 3.3 km from the Shire’s most south-west boundary and the Shire of East Pilbara.  Boreline Road has mainly been used as a ‘short-cut’ from mining operations located in the Shire of East Pilbara. 

 

The resolution made by Council on 25 September 2008 appears to have been triggered by a request from Kallenia Mines Pty Ltd in 2007 for a direct route to Marble Bar to be created.  At the time, Kallenia Mines Pty Ltd was advised that the Shire only controls 10km of the road and that a combined approach including the Shire of East Pilbara and Main Roads WA would be required to facilitate this outcome.  Kallenia Mines Pty Ltd was also advised that the Shire had other priorities such as Eighty Mile Beach Road, Port Smith Road and Cape Leveque Road.

 

It appears that the need for this road dedication has fallen away.  The mine serviced by this road has closed and there has been no further correspondence received about the matter since 2007.  The other sections of this road outside the Shire of Broome have not been dedicated as road.  Officers from the Shire of East Pilbara have advised that they have no intention of progressing the dedication of the road at this time and would like to keep Boreline Road as it currently is.  The dedication of the road would serve no real benefit or purpose for the Shire and the Shire has other current priorities in relation to road dedications and maintenance.  Therefore, it is recommended that Council amend the resolution of 25 September 2008 to delete point 5.

 

Eighty Mile Beach Road

 

The dedication of Eighty Mile Beach Road would benefit the Shire of Broome by ensuring access to Eighty Mile Beach is maintained and controlled by the Shire.  In order to progress the dedication of Eighty Mile Beach Road it is recommended that Council:

 

1.    Change the resolution of Council of 25 September 2008 to delete point 6;

2.    Resolve to progress the dedication of Eighty Mile Beach road with reference to the correct land details; and

3.    Progress the road dedication by, pursuant to section 56 of the Land Administration Act 1997, indemnifying the Minister for Lands against any claims for compensation and costs.

 

CONSULTATION

 

The DoL will undertake consultation with relevant stakeholders as due process for dedicating a road.

 

STATUTORY ENVIRONMENT

 

Land Administration Act 1997

 

56. Dedication of land as road

 

(1)   If in the district of a local government –

(a)  land is reserved or acquired for use by the public, or is used by the public as a  road under the care, control of management of the local government; or

(b) in the case of land comprising a private road constructed and maintained to the satisfaction of the local government –

(i)      the holder of the freehold in that land applies to the local government, requesting it to do so; or

(ii)     those holders of the freehold in rateable land abutting the private road, the aggregate of the rateable value of whose land is greater than one half of the rateable value of all the rateable land abutting the private road, apply to the local government, requesting it to do so; or

(c)  land comprises a private road of which the public has had uninterrupted use for a period of not less than 10 years, and that land is described in a plan of survey, sketch plan or document, the local government may request the Minister to dedicate the land as a road.

(2)   If a local government resolves to make a request under subsection (1), it must —

(a) in accordance with the regulations prepare and deliver the request to the Minister; and

(b) provide the Minister with sufficient information in a plan of survey, sketch plan or document to describe the dimensions of the proposed road.

(3)   On receiving a request delivered to him or her under subsection (2), the Minister must consider the request and may then —

(a) subject to subsection (5), by order grant the request;

(b) direct the relevant local government to reconsider the request, having regard to such matters as he or she thinks fit to mention in that direction; or

(c) refuse the request.

(4)   On the Minister granting a request under subsection (3), the relevant local government is liable to indemnify the Minister against any claim for compensation (not being a claim for compensation in respect of land referred to in subsection (6) in an amount equal to the amount of all costs and expenses reasonably incurred by the Minister in considering and granting the request.

(5)   To be dedicated under subsection (3)(a), land must immediately before the time of dedication be —

(a) unallocated Crown land or, in the case of a private road, alienated land; and

(b) designated in the relevant plan of survey, sketch plan or document as having the purpose of a road.

 

Local Government (Administration) Regulations 1996 (WA)

 

10. Revoking or changing decisions (Act s. 5.25(1)(e))

 

(1)   If a decision has been made at a council or a committee meeting then any motion to revoke or change the decision must be supported —

(a)  in the case where an attempt to revoke or change the decision had been made within the previous 3 months but had failed, by an absolute majority; or

(b)  in any other case, by at least 1/3 of the number of offices (whether vacant or not) of members of the council or committee,

inclusive of the mover.

(1a) Notice of a motion to revoke or change a decision referred to in subregulation (1) is to be signed by members of the council or committee numbering at least 1/3 of the number of offices (whether vacant or not) of members of the council or committee, inclusive of the mover.

(2)   If a decision has been made at a council or a committee meeting then any decision to revoke or change the first‑mentioned decision must be made —

(a)  in the case where the decision to be revoked or changed was required to be made by an absolute majority or by a special majority, by that kind of majority; or

(b)  in any other case, by an absolute majority.

(3)   This regulation does not apply to the change of a decision unless the effect of the change would be that the decision would be revoked or would become substantially different.

 

POLICY IMPLICATIONS

 

3.1.15 Register of Public Roads

 

FINANCIAL IMPLICATIONS

 

Whilst the Shire will be legally required to indemnify the Minister for Lands against any claims for compensation that may occur as a result of the road dedication, the land to be dedicated is currently Unallocated Crown Land and as such no compensation will be payable.

 

RISK

 

There is not considered to be any risk to the Shire from proceeding with the dedication of Eighty Mile Beach Road and not proceeding with the dedication of Boreline Road. 

 

STRATEGIC IMPLICATIONS  

 

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

 

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

 

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

 

Affordable and equitable services and infrastructure

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr P Matsumoto                                          Seconded: Cr B Rudeforth

That Council:

 

1.       In accordance with Regulation 10 of the Local Government (Administration) Regulations 1996, change the resolution passed for Item 9.5.6 – Rural Roads – Asset Management at the Ordinary Meeting of Council held on 25 September 2008 to delete points 5 and 6 of that resolution.

 

2.       Pursuant to section 56 of the Land Administration Act 1997, requests that the Chief Executive Officer advise the Minister for Lands to proceed with dedication of what is referred to as Eighty Mile Beach Road as depicted on Deposited Plan 74375 and shown in Attachments 2 and 3 of this report, being:

 

(a)  part Lot 1539 on Deposited Plan 69939 the subject of Pastoral Lease Wallal Downs, described as Crown Lease N050388 (shown as Lot 376 on Deposited Plan 74375);

(b)  part Lot 56 on Deposited Plan 240321 and the subject of Reserve 9697 (shown as Lot 378 on Deposited Plan 74375); and

(c)  unallocated Crown Land (shown as Lot 377 on Deposited Plan 74375).

 

3.       Indemnifies the Minister of Lands against any claims for compensation pursuant to section 56(4) of the Land Administration Act 1997.

CARRIED UNANIMOUSLY 7/0

 

Attachments

1.

Boreline Road

2.

Eighty Mile Beach Road

3.

Eighty Mile Beach Road - Overview

  


Item 9.2.2 - BORELINE ROAD AND EIGHTY MILE BEACH ROAD - DEDICATION

 

 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


PDF Creator


Item 9.2.2 - BORELINE ROAD AND EIGHTY MILE BEACH ROAD - DEDICATION

 

 

PDF Creator


 

PDF Creator


Item 9.2.2 - BORELINE ROAD AND EIGHTY MILE BEACH ROAD - DEDICATION

 

 

PDF Creator


MinutesOrdinary Meeting of Council 27 July 2017                                                                                      Page 77 of 536

 

 

9.2.3      PARTIAL CLOSURE MANDORA MARSH ROAD

LOCATION/ADDRESS:                             Lot 202 Great Northern Highway

APPLICANT:                                              Department of Lands

FILE:                                                           RES 52387

AUTHOR:                                                   Land Tenure Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      NIL

DATE OF REPORT:                                    28 June 2017

 

SUMMARY:         The Department of Lands (DoL) wrote to the Shire seeking the Shire’s comments/consent to the closure of part of Mandora Marsh Road (Road 3658, being Lots 206, 209 and 211 on Deposited Plan 407204) so that it can be amalgamated into Reserve 52387 (Walyarta Conservation Park).

The DoL has since advised the Shire that the Department of Parks and Wildlife has now requested that the road be closed along its entire length.

This report recommends that Council only supports the closure of that portion of Mandora Marsh Road that lies within Reserve 52387.

 

BACKGROUND

 

Previous Considerations

 

Nil.

 

The Department of Lands (DoL) has written to the Shire seeking the Shire’s comments/consent to the closure of part of Mandora Marsh Road (Road 3658, being Lots 206, 209 and 211 on Deposited Plan 407204) shown in blue on the plan in Attachment 1.  The purpose of the partial road closure is for this section of the Road to be amalgamated into Reserve 52387, which is the Walyarta Conservation Park.

 

As part of the Kimberley Science and Conservation Strategy (KSCS), the State, with the agreement of the relevant Registered Native Title Body Corporate (RTNBC), proposed that an area of Crown land be reserved for the purpose of ‘Conservation Park’ to protect the area known as ‘Walyarta’ (Mandora Marsh).  The resulting Reserve 52387 is managed by the Conservation and Parks Commission jointly with the relevant RNTBC.

 

The subject land (Reserve 52387) includes a portion of Unallocated Crown Land (UCL) that was excised from Anna Plains pastoral lease under the 2015 Pastoral Lease Renewal project and UCL to the south east of this excision area. The Department of Parks and Wildlife (PaW) has requested that the portion of Mandora Marsh Road within the Reserve 52387 boundary be closed and amalgamated into the Reserve.

 

Shire of Broome officers contacted the DoL regarding the status of this proposal and was advised the DoL were waiting on confirmation from PaW regarding the inclusion of that portion of the Road into Reserve 52387.  The DoL has since advised the Shire that PaW has now requested the road be closed along its entire length, although only a small portion (Lots 206, 209 and 211 on Deposited Plan 407204) is proposed for inclusion into Reserve 52387.

 

COMMENT

 

Mandora Marsh Road is currently unconstructed and extends west from the Great Northern Highway through Anna Plains Station (Pastoral Lease N050392) to the coast, and east, terminating at Mandora Marsh which is a RAMSAR wetland (see Attachments 2 and 3).

 

The area through which Mandora Marsh Road is located is subject to two Native Title Determinations, Nyangumarta-Karajarri Overlap (WAD6281/1998 and WAD280/2008) to the west and Nyangumarta People (Part A) (WAD6281/1998 and WAD234/2007) to the east within Reserve 52387.

 

If the road is closed in its entirety, as requested by PaW, and in the future a road is required in this area, the new road would be considered a Future Act pursuant to the Native Title Act 1993.  The Future Act process may include compensation and lengthy negotiations. 

 

Officers have no concerns with the closure of the section of Mandora Marsh Road that sits within the Reserve, as the reserve is a conservation park and access within the park will be controlled by Paw.  However, the remaining section of the road may be required to provide access from the Great Northern Highway to the conservation park, and from the Great Northern Highway to the coast. 

 

 Therefore, it is recommended that Council only supports the closure of that portion of Mandora Marsh Road that sits within Reserve 52387 (as shown in Attachment 1).

 

CONSULTATION

 

Under Section 58 of the Land Administration Act 1997 the local government must advertise the proposed road closure for a period of no less than 35 days. 

 

STATUTORY ENVIRONMENT

 

Land Administration Act 1997

 

58. Closure of roads

 

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

 

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

 

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

 

(4) On receiving a request delivered to him or her under subsection (2), the Minister may, if he or she is satisfied that the relevant local government has complied with the requirements of subsections (2) and (3) —

(a) by order grant the request;

(b) direct the relevant local government to reconsider the request, having regard to such matters as he or she thinks fit to mention in that direction; or

(c) refuse the request.

 

(5) If the Minister grants a request under subsection (4) —

(a) the road concerned is closed on and from the day on which the relevant order is registered; and

(b) any rights suspended under section 55(3)(a) cease to be so suspended.

 

(6) When a road is closed under this section, the land comprising the former road —

(a) becomes unallocated Crown land; or

(b) if a lease continues to subsist in that land by virtue of section 57(2), remains Crown land.

 

POLICY IMPLICATIONS

 

3.1.15 Register of Public Roads

 

FINANCIAL IMPLICATIONS

 

There will be minor costs associated with advertising the proposed road closure and it is anticipated this will be funded from the existing operational budget.

 

RISK

 

There is no foreseen risk to the Shire from proceeding with this partial road closure.

 

STRATEGIC IMPLICATIONS  

 

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

 

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

 

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

 

Affordable and equitable services and infrastructure

 

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr P Matsumoto                                          Seconded: Cr C Mitchell

 

That Council requests that the Chief Executive Officer:

 

1.       Gives notice of Council’s intention under Section 58 on the Land Administration Act 1997, to request the permanent closure of that portion of Mandora Marsh Road, being Lots 206, 209 and 211 on Deposited Plan 407204, as depicted in Attachment 1;

 

2.       Advertise the intention to permanently close the portion of Mandora Marsh Road referred to in Point 1. in a newspaper circulating in the district, with submissions to be accepted for a period on no less than 35 days; and

 

3.       Proceed with the partial road closure of the portion of Mandora Marsh Road referred to in Point 1. if no objections are received at the conclusion of the 35 day advertisement period.

CARRIED UNANIMOUSLY 7/0

 

Attachments

1.

Proposed partial closure Mandora Marsh Road

2.

Entire Mandora Marsh Road

3.

Entire Mandora Marsh Road - Aerial Image

  


Item 9.2.3 - PARTIAL CLOSURE MANDORA MARSH ROAD

 

 

PDF Creator


Item 9.2.3 - PARTIAL CLOSURE MANDORA MARSH ROAD

 

 

 

 



Item 9.2.3 - PARTIAL CLOSURE MANDORA MARSH ROAD

 

 

PDF Creator


MinutesOrdinary Meeting of Council 27 July 2017                                                                                      Page 87 of 536

 

 

9.2.4      LOCAL COMMERCIAL STRATEGY - ADOPTION FOR PUBLIC ADVERTISING

LOCATION/ADDRESS:                             N/A

APPLICANT:                                              N/A

FILE:                                                           PLA20

AUTHOR:                                                   Senior Planning Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil.

DATE OF REPORT:                                    12 June 2017

 

SUMMARY:         At the Ordinary Meeting of Council on 24 November 2016, Council resolved that the Shire enter into an agreement with LandCorp regarding the funding and bringing forward of the engagement of a consultant to undertake a review of the Shire’s 2007 Local Commercial Strategy (LCS).

Geografia was subsequently engaged as the successful consultant and, further to the completion of a retail and commercial floor-space demand assessment and consultation with key stakeholders, the attached revised LCS has been prepared.

This report presents the revised LCS for Council’s consideration and adoption for the purposes of public advertising for a period of 42 days.  

 

 

BACKGROUND

 

Previous Considerations

 

OMC 27 April 1999                             Item 6.2

OMC 1 August 2006                           Item 9.3.4

OMC 22 March 2007                         Item 9.3.5

OMC 24 November 2016                  Item 9.2.5

 

Role of Local Commercial Strategy

 

The Shire’s Local Commercial Strategy (LCS) was prepared in 2007 with the stated purpose being to ensure that Broome is provided with the scale and range of commercial centres appropriate for the town’s role as a tourist centre and for the local population. A key objective of the LCS is to ensure that Chinatown continues to function as Broome’s primary commercial centre into the future.

 

The review of the LCS is one of the actions identified in the Shire’s Corporate Business Plan. Importantly, the updated LCS will be an informing strategy as it will inform the upcoming review of the Shire’s Local Planning Strategy (Strategy) and Local Planning Scheme No.6 (LPS6) which is scheduled to occur over the 2018/19 and 2019/20 financial years.

 

At a regional scale, the LCS plays a facilitative role, building upon and aligning with the economic objectives and development initiatives of the Kimberley Regional Planning and Infrastructure Framework (KRPIF), Kimberley Regional Investment Blueprint (KRIB), and the Broome Growth Plan (BGP). 

 


 

Preparation of revised Local Commercial Strategy

 

Since the adoption of the LCS in 2007, the Shire introduced the Strategy in 2014 and LPS6 in 2015. Additionally, Council has adopted development strategies for Old Broome, Chinatown and Cable Beach, and District and Local Development Plans have been adopted for Broome North. This means that the planning context in Broome has changed since 2007, with implications for retail and commercial floor-space distribution as envisaged under the 2007 LCS. Combined with a broader shift in economic conditions, this changing context effectively means that the dynamics affecting commercial development and land-use in Broome have changed since the 2007 LCS was prepared.

 

In light of this, it was recommended by officers that the review of the LCS be brought forward to the 2017/18 financial year to allow for a holistic retail and commercial demand assessment that reflects current circumstances and the objectives of the Shire’s various strategic documents. Accordingly, and following on from Council’s resolution on 24 November 2016, the Shire entered into an agreement with LandCorp, and Geografia was engaged to undertake the preparation of a revised LCS.

 

To ensure that the planning framework is appropriately informing land use decisions, the review of the LCS will incorporate:

 

·     Examination of existing and current commercial activity within the town including retail and office activity;

·     Identification of future retail and commercial floor-space and land needs over a medium-term planning horizon (2031) and long-term planning horizon (2051);

·     Conclusion whether the existing planning framework makes adequate provision for projected future commercial needs;

·     Recommendations on adequacy and suitability of the strategic distribution of commercial and retail floor-space across the town;

·     Assessment of future retail and commercial growth opportunities with consideration for catchment demographics, household affordability and anticipated trends in consumer behaviour by expenditure type;

·     Recommendations on modifications to the Strategy and LPS6 to deliver the objectives of the revised LCS.

 

Stakeholder engagement

 

The preparation of the revised LCS has been undertaken in accordance with a Stakeholder Engagement Plan (SEP) prepared by Geografia and submitted to the Shire in March 2016.  Engagement has involved interviews with some 13 key stakeholders, a public workshop attended by 15 community members, and an on-line survey distributed by the Broome Chamber of Commerce in which 50 completed responses were received by member businesses.

 

Commercial land use audit

 

In addition to the above, the LCS report has been informed by a commercial and retail demand assessment that has involved a cadastral audit of available retail and commercial land, (including estimates of existing ‘built’ commercial development), across the ‘Town Centre’, ‘Local Centre’, ‘Mixed Use’, ‘Light & Service Industry’, ‘Residential’ and ‘Service Commercial’ zones within the Broome Townsite. For the purposes of the LCS, ‘retail’ is defined as ‘businesses which engage in the purchasing and on-selling of consumer goods, while ‘commercial’ refers to all other services not provided in retail, and are primarily business and scientific services (e.g. offices, professional services).

 

Analysis of retail and commercial expenditure

 

In undertaking the review of the 2007 LCS, Geografia has utilised bank transaction data from 2016, (obtained by Geografia from commercial bank and Reserve Bank of Australia data), for households and businesses that relates to retail and commercial expenditure. The data accounts for bank and credit card transactions occurring in and from Broome, and is weighted to account for cash transactions. The transaction data allows for assessment and quantification (by 12 retail and commercial floor-space categories) of retail and commercial expenditure both in and outside of Broome. The data not only provides a picture of commercial activity in Broome by residents and businesses, but also provides an insight into non-resident (i.e. tourist) expenditure in Broome, and retail and commercial expenditure of Broome residents and businesses outside of Broome (or ‘escape’ or ‘leakage’ expenditure). The data is of assistance in providing a clearer picture of actual commercial activity and is useful in estimating future demand for commercial floor space by retail and commercial category type. 

 

The findings and recommendations of the revised LCS represent a review of the 2007 recommendations, and further to the above methodology, draws on insights from key stakeholders, population trends (including visitor numbers) and household and business expenditure data to estimate adequacy of supply.

 

COMMENT

 

Commercial land-use and retail demand assessment – current state of play and future demand

 

Based on a retail demand assessment undertaken by Taktics 4 in 2006, the 2007 LCS established a three-tier hierarchy of commercial centres for Broome comprising:

 

·     Chinatown/Town Centre

·     Broome Boulevarde

·     Local (Village) Centres (i.e. Seaview, Reid Road, Fong’s Store and a new centre in Broome North)

 

It was considered that the development of the above hierarchical network would be adequate to cater to the projected 125,000sqm of commercial floor-space required by 2021. This was based on an estimated resident population for Broome in 2021 of 24,000 and a total local commercial expenditure of $281 million per annum. 

 

Ten years on, with a resident population estimated at 17,342 (ABS), Geografia’s analysis has indicated annual commercial expenditure for Broome in 2016 at $379.8 million. The land-use audit has shown there to be approximately 6,172sqm of vacant built floor space and 201,005sqm of suitably zoned vacant land available to accommodate additional retail and commercial floor space. The modelling undertaken to determine the future retail and commercial floor-space needs shows that by 2031 there will be a demand for an additional 31,500sqm of retail floor space and 9,200sqm in commercial floor-space. This demand will grow to 65,000sqm and 21,500sqm respectively by 2051. Essentially, the data indicates that there is currently an adequate supply of commercially zoned land, and in aggregate, Broome has sufficient land zoned to meet demand to 2051.

 

Although the retail and commercial demand assessment suggests an abundance of available commercial land, estimates of demand for retail floor-space using a medium population growth scenario (based on WA Tomorrow 2026), indicates there will be a 4,000sqm shortfall by 2026. Further, the review has identified that while there is adequate land zoned, it is unlikely to meet future need as the land exists in fragmented parcels and is not adequate in size to accommodate a new full-line supermarket. On this basis, the revised LCS recommends the designation of a new future District Centre to accommodate a new 3,500sqm full-line supermarket.

 

The LCS is clear in its recommendations that the development of the new District Centre should only occur when a permanent resident population threshold of 24,000 is met (which based on population projects should occur in 2031). It is considered that the establishment of key-population thresholds in the LCS will ensure that both the primacy of Chinatown as the primary commercial centre for Broome, and the viability of the existing District and Local Centres will be maintained.

 

Recommended changes to the planning framework

 

The revised LCS is contained in Attachment 1 to this report.

 

A key finding of the LCS review is that despite adequate aggregate supply, detailed data by building and land lot size suggests there may be insufficient supply of appropriately sized and located lots to meet projected demand. Accordingly, the LCS recommends one key change to the Shire’s planning framework to facilitate more suitably located commercial land across Broome, which is the identification of a new District Centre site. The LCS has found that other than the identification of the new centre, the Shire’s existing planning framework is adequate to meet projected needs.

 

To align with population growth areas and existing and future vehicle networks, Geografia has have recommended that the new centre be located north of the airport, on the north-eastern corner of the Gubinge Road and Sanctuary Road intersection. As set out in the revised LCS, this centre will also service the anticipated retail and commercial needs of the town’s future population growth which will be concentrated to the north of the airport (including Broome North and Roebuck West).  This new District Centre will replace the Local Centre previously designated under the 2010 Broome North District Development Plan. The LCS recommends that alternative uses and/or zoning of the currently designated Local Centre site should be investigated.   

 

As a part of the review, some additional modifications have been recommended to the Shire’s planning framework which are summarised in Table C of the draft LCS report in Attachment 1. These include:

 

·     Amend the Scheme Text and Maps to rename the Town Centre zone to Regional Centre to align with Model Scheme Text Provisions under the Planning & Development (Local Planning Schemes) Regulations 2015 (Regulations).

 

·     Introduce provisions in LPS6 to allow for the designation of a District Centre over the Boulevard (currently a Local Centre), and the future District Centre on the corner of Gubinge and Sanctuary Roads.

 

·     Amend the Broome North District Development Plan to reflect the recommended designation of the District Centre.

 

·     Amend the Scheme Text relating to the existing Local Centre zone and proposed District Centre zone to require the preparation of an activity centre plan for proposed/major expansion of a District and/or Local Centre in accordance with the Deemed Provisions of the Regulations.

 

·     Amend or replace the Millington Road Development Plan.

 

·     Amend the zoning table permissibility in LPS6 to facilitate and/or limit the mix of uses identified in the hierarchy of retail and commercial activities for Regional, District and Local Centres.

 

·     Change the zoning table permissibility in LPS6 to make ‘Office’ an ‘I’ (incidental) use within the Tourist zone, to be consistent with the introduction of ‘I’ use permissibility under the Regulations.

 

·     Amend the zoning table permissibility in LPS 6 to change ‘Shop’ to an ‘X’ Use in the Light and Service Industry zone.

 

·     Review the Service Commercial zoning north of Frederick Street and investigate a suitable alternative zone and/or changes to the zoning table to accommodate forecast commercial floor-space requirements, while maintaining the permissibility of ‘Showroom’ to encourage the relocation of bulky goods retailers from the Light and Service Industry zone. Remove inconsistency between the Service Commercial zoning and the ‘Mixed Use’ land use identified on the Airport Development Plan and the Frederick Street Local Development Plan No. 8.

 

Conclusion

 

Based on insights from key stakeholders and quantitative analysis of population trends and commercial expenditure data, the findings and recommendations of the revised LCS present a strategic approach to commercial land-use and development in the medium to long-term. It is therefore recommended that Council resolve to advertise the attached LCS for public comment for a period of 42 days.

 

CONSULTATION

 

Stakeholder engagement has been undertaken by the consultants as background information to inform the preparation of the draft LCS. The engagement undertaken to date included interviews with 13 key stakeholders, a public workshop attended by 15 community members and an on-line survey distributed by the Broome Chamber of Commerce in which 50 completed responses were received from member businesses. A summary of the stakeholder engagement outcomes is provided under section 7.4 of draft LCS in Attachment 1.

 

If the draft LCS is adopted for public comment, it is proposed that further consultation is undertaken which would consist of the following:

 

·     Written invitations to comment on the proposed LCS mailed to key stakeholders;

·     Public notice to be placed in the Broome Advertiser and on the Shire of Broome website advising that the draft LCS is available for review and comment;

·     Draft LCS document to be printed and displayed at the Shire administration building and Library, alongside printed feedback forms to enable people to provide had written feedback;

·     Posting information on the draft LCS on the Shire’s social media platforms; and

·     Media release prepared on the draft LCS.

 

STATUTORY ENVIRONMENT

 

Planning & Development Act 2005

Planning & Development (Local Planning Schemes) Regulations 2015

 

POLICY IMPLICATIONS

 

Nil.

 

FINANCIAL IMPLICATIONS

 

The review of the LCS was been brought forward from the 2017/18 financial year as specified in the Shire’s Corporate Business Plan, in accordance with the agreement entered into between the Shire and LandCorp.  The entering into this agreement and bringing forward of the project was endorsed by Council at the Ordinary Meeting of Council on 24 November 2016. The costs associated with public advertising and any subsequent modifications to the LCS report can be accommodated within the original project budget and current budgetary allowances for advertising purposes. 

 

RISK

 

There is a risk that should Council not resolve to advertise the attached revised LCS for public comment, the review of the LCS will not meet project timeframes agreed to in the agreement entered into with LandCorp.  The risk of the project not meeting the agreed timeframes should Council not resolve as recommended is considered ‘High’.

 

STRATEGIC IMPLICATIONS  

 

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

 

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

 

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

 

Affordable land for residential, industrial, commercial and community use

 

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

 

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

 

Sustainable and integrated strategic and operational plans

 

Effective community engagement

 

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                               Seconded: Cr M Fairborn

That Council adopts the Draft Local Commercial Strategy in Attachment 1 for public comment for a period of 42 days.

CARRIED UNANIMOUSLY 7/0

 

Attachments

1.

Local Commercial Strategy Report

  


Item 9.2.4 - LOCAL COMMERCIAL STRATEGY - ADOPTION FOR PUBLIC ADVERTISING

 

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


MinutesOrdinary Meeting of Council 27 July 2017                                                                                    Page 192 of 536

 

 

The Chairman advised that a typographical error on the last page of attachment 2 and attachment 3 where ‘Johnson’ should appear as ‘Johnston’ has been corrected for the purpose of the Minutes. 

 

9.2.5      LOCAL GOVERNMENT PARKING AND PARKING FACILITIES AMENDMENT LOCAL LAW 2017

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           BYL11

AUTHOR:                                                   Manager Emergency, Health and Ranger Services

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    23 June 2017

 

SUMMARY:         At the Ordinary Meeting of Council on 30 March 2017, Council resolved to make the Parking and Parking Facilitates Amendment Local Law 2017. The proposed local law was advertised for public comment and submissions from interested parties were invited in accordance with the Local Government Act 1995.

The purpose of this report is for Council to consider the submission 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 Parking and Parking Facilities Amendment Local Law 2017.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 29 September 2011                 Item 9.1.8

OMC 14 June 2012                            Item 9.4.7

OMC 30 March 2017                         Item 9.2.4

 

Under the Local Government Act 1995, all local laws are required to be reviewed every 8 years. Whilst the Shire of Broome Parking and Parking Facilities Local Law is not due for review until 2020, feedback from Councillors, community members and Shire Officers indicated a need for a review prior to 2020.

 

Proposed changes in the format of a draft local law were presented at the 30 March 2017 Ordinary Meeting of Council (OMC). The scope of the changes did not warrant a replacement of the local law and officers recommended that an amendment local law be made.

 

At the 30 March 2017 OMC it was resolved:

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                               Seconded: Cr D Male

That Council:

1.       Proposes to make the Shire of Broome Parking and Parking Facilities Amendment Local Law 2017 as shown in Attachment 1 of this report;

2.       Advertises in accordance with section 3.12(3)(a) of the Local Government Act 1995 the proposed Shire of Broome Parking and Parking Facilities Amendment Local Law 2017 for a period of not less than six (6) weeks; and

3.       In accordance with section 3.12(3)(b) of the Local Government Act 1995 forwards a copy of the advertisement and proposed Shire of Broome Parking and Parking Facilities Amendment Local Law 2017 to the Minister for Local Government.

CARRIED UNANIMOUSLY 7/0

 

The proposed Local Government Parking and Parking Facilities Amendment Local Law (proposed Local Law) was subsequently advertised for public submissions. The advertisements were placed in the West Australian on 15 April 2017 and the Broome Advertiser on 20 April 2017 as well as the Shire’s website and noticeboards at the Administration Building and Library.

 

The submission period closed on 2 June 2017. No public submissions were 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 sent to the Minister for Local Government and Communities (DLGC) on 1 May 2017. The DLGC responded on behalf of the Minister on 22 May 2017 with advice on editing and other comments on the proposed Local Law. These comments have been incorporated into a schedule of submissions, see Attachment 1 of this report.     

 

Attachment 2 to this report contains the proposed Local Law with tracked changes showing amendments made in response to the submission. Attachment 3 shows the proposed Local Law with amendments made in response to the submission but without tracked changes.  Attachment 4 shows the Shire of Broome Parking and Parking Facilities Local Law 2012 including the amendments in the proposed Local Law shown in tracked changes. Attachment 5 shows the Shire of Broome Parking and Parking Facilities Local Law 2012 amended in accordance with the proposed Local Law and without tracked changes.

 

COMMENT

 

The DLGC made comments that are not likely to alter the scope of the proposed Local Law. The changes made to the proposed Local Law in response to submissions received are:

 

1.    Clause 3 – Principal local law - Redraft clause 3 to read:

 

3. Principal local law amended

This local law amends the Shire of Broome Parking and Parking Facilities Local Law 2012 as published in the Government Gazette on 31 July 2012.

 

2.    Clause 4 - Arrangement - Clause deleted as the contents page is not considered to be an operational part of the legislation. State parliament does not alter its contents page and it is considered that local governments should follow the same principle in drafting its legislation

 

3.    Clause 5 - amend clause 1.3 - Changes made to format definitions in bold to increase readability.  This clause has been renumbered to clause 4 due to the deletion as mentioned in item 2 above. Clarification added to the amendments to the definition of carriageway and owner.

 

4.    Insert Table at clause 5 of amendment Local Law - Repetitive changes have been included as a table rather than distinct clauses. These changes only relate to the replacement of the word “shall” with “must”. As a result, a number of clauses have been deleted and others amended and/or renumbered as required.

 

5.   Clause 6. Delete “insert” and replace with “replace with”.

 

6.   Clause 7. Delete “insert” and replace with “replace with”. Reword to “Clause 1.6 is amended as follows-”.

 

7.   Clause 8 is reworded to “Clause 1.7 is amended as follows- “.

 

8.   Clause 9 deleted and subsequent clauses renumbered.

 

9.   Clause 10 renumbered to clause 9.

 

10. Clause 11 renumbered to clause 10. Items (a), (c) and (d) deleted (provisions in Table 1). Reworded to clause 2.2(2) and amended to insert quotation marks around “(3)”.

 

11. Clause 12 deleted and subsequent clauses renumbered.

 

12. Clause 13 renumbered to clause 11. Item (a) deleted (provisions in table 1) and clause reworded to “Clause 2.5 is amended to delete “there has been paid” and insert “has been paid”.

 

13. Clause 14 renumbered to clause 12.

 

14. Clause 15 deleted (provisions in Table 1).

 

15. Clause 16 renumbered to clause 13. Item (a) deleted (provisions in Table 1) and clause subsequently reworded. Quote mark added after “insert”.

 

16. Clause 17 renumbered to clause 14. Items (a), (b) and (d) deleted (provisions in Table 1) and clause subsequently reworded.  Reworded to “Clause 3.1(3) is amended as follows-”.

 

17. Clause 18 renumbered to clause 15. Items (d) and (f) deleted (provisions in Table 1). Amended words to “Clause 3.3 is amended as follows-“. Clarification added to item (c).

 

18. Clause 19 deleted (provisions in Table 1).

 

19. Clause 20 renumbered to clause 16. Items (a), (e), (f), (h) and (j) deleted (provisions in Table 1). Other items reclassified as a result.  Wording amended to read “Clause 3.5 is amended as follows- “. In item (a), 3.5(2)(c) was amended to 3.5(3)(c).

 

20. Clauses 21 to 24 deleted (provisions in Table 1).

 

21. Clause 25 renumbered to clause 17. Items (c) and (d) deleted (provisions in Table 1). Wording amended to read “Clause 3.10 is amended as follows”. Wording in item (a) amended.

 

22. Clause 26 renumbered to clause 18.

 

23. Clauses 27 to 32 deleted (provisions in Table 1).

 

24. Clause 33 renumbered to clause 19. Item (a) deleted (Provisions in table 1). Wording amended as a result.

 

25. Clause 34 deleted (provisions in Table 1).

 

26. Clause 35 renumbered to clause 20. Items (a) and (b) deleted (provisions in Table 1) and wording amended as a result.

 

27. Clause 36 deleted (provisions in Table 1).

 

28. Clause 37 renumbered to clause 21. Item (a) deleted (provisions in Table 1) and wording amended as a result.

 

29. Clause 38 deleted (provisions in Table 1).

 

30. Clause 39 renumbered to clause 22. Item (a) deleted (provisions in Table 1) and wording amended as a result.

 

31. Clause 40 renumbered to clause 23. Item (a) deleted (provisions in Table 1) and wording amended as a result.

 

32. Clause 41 renumbered to clause 24. Items (b) and (d) deleted (provisions in Table 1). Other items renumbered as a result.  Wording amended to read “Clause 6.10 is amended as follows”.

 

33. Clause 42 deleted (provisions in Table 1).

 

34. Clause 43 renumbered to clause 25. Item (a) deleted (provisions in Table 1) and other items renumbered as a result. Wording amended to read “Clause 6.12 is amended as follows”.

 

35. Clause 44 to 48 deleted (provisions in Table 1).

 

36. Clause 49 renumbered to clause 26.

 

37. Clause 50 renumbered to clause 27. Wording amended to “Clause 8.2 is amended as follows”.

 

The amendments above largely relate to the presentation of the proposed Local Law and are not likely to alter the scope of the proposed Local Law.  Therefore, it is recommended that Council resolves to make the proposed Local Law and undertake the necessary steps for the amendments to take effect.

 

CONSULTATION

 

The proposed Local Law was advertised for public comment for a period of 42 days in accordance with the requirements of the Local Government Act 1995. No public submissions were received. The DLGC made a submission which is outlined in the schedule of submissions in Attachment 1.

 

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

 

Nil.

 

FINANCIAL IMPLICATIONS

 

In accordance with section 3.25 of the Local Government Act 1995, if Council resolves to make the proposed Local Law, it will be necessary to advertise in a newspaper circulating throughout the district and publish the text in the Government Gazette. The current charge is $101.45 per page. The draft amended local law is 27 pages long. This equates to a gazettal fee of approximately $2739.15.

 

Advertising in newspapers is at a cost of approximately $300. Three advertisements are required at a cost of $900. This combined cost of advertising and gazetting is $3639.15 however this may vary slightly due to changes in charges and fees beyond the Shires control. 

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. The risk of this occurring if the amendment is not undertaken is considered Low, however modernisation and clarity needs to be added to ensure the law remains relevant and serves to achieve its purpose and effect. 

 

There is a risk that the new Local Law will not be valid if it is not properly drafted.  The risk of this occurring is considered Moderate.  The risk of the incorrect drafting of this Local Law is mitigated through submission of the approved draft to the DLGC and subsequent review of 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

 

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

 

An organisational culture that strives for service excellence

 

Effective community engagement

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Absolute Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr D Male                                                    Seconded: Cr M Fairborn

That Council:  

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

(a)  Makes the Shire of Broome Parking and Parking Facilities Amendment Local Law 2017; and

(b)  Publishes the Shire of Broome Parking and Parking Facilities Amendment Local Law 2017 in the Government Gazette and provides local public notice of the new Local Law.

2.       Forwards a copy of the gazetted Shire of Broome Parking and Parking Facilities Amendment Local Law 2017 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.

Schedule of Submissions

2.

Proposed Parking and Parking Facilities Amendment Local Law 2017 (tracked changes shown)

3.

Proposed Parking and Parking Facilities Amendment Local Law 2017 (tracked changes accepted)

4.

Parking and Parking Facilities Local Law 2012 (tracked changes shown)

5.

Parking and Parking Facilities Local Law 2012 (tracked changes accepted)

  


Item 9.2.5 - LOCAL GOVERNMENT PARKING AND PARKING FACILITIES AMENDMENT LOCAL LAW 2017

 

 

Schedule of Submissions - Local Government Parking and Parking Facilities Amendment Local Law 2017 (Local Law)

NO.

NAME & ADDRESS

SUBMISSION

OFFICER COMMENT

OFFICER RECOMMENDATION

1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DLGC

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1.   Clause 3 – Principal local law

In line with best drafting principles, clause 3 has been redrafted below for the Shire’s consideration:

--

3. Principal local law amended

This local law amends the Shire of Broome Parking and Parking Facilities Local Law 2012 as published in the Government Gazette on 31 July 2012.

 

The proposed changes do not alter the intent of functionality of the clause. The recommendation seeks to improve the wording in line with current drafting practices.

It is recommended that the proposed changes are made.

2.   Clause 4 - Arrangement

It is suggested that this clause be deleted.

 

Contents pages are not considered to be an operational part of legislation, since they have no actual legal effect in themselves. State Parliament does not amend contents pages when amending legislation and local governments may apply the same principle for local laws.

 

If the Shire wishes to update the contents page for the local law kept on their website, this can be done without the need for clause 4.

 

The proposed amendment was designed to ensure that it was clear that the local law applied to all Local Government Property and not just reserves. The actual wording of clause 3.11 has been amended to replace the word “reserves” with “local government property”. The legal provision will therefor apply to all of local government property and not merely reserves.

Delete clause as recommended. This will have no operational effect on Council’s Local Law.

3.   Repetitive amendments

The local law makes a number of amendments involving the replacement of “shall” with “must”. This uses up considerable space and will contribute to unnecessary publishing costs.

 

The Shire may wish to collate these amendments into a table to save space and money. An example is provided below:

 

34. Local law amendment

 

The clauses listed in the first column of Table 1 are amended in the manner specified in the second column.

 

Table 1 – Amended clauses

 

Clause

Amendment

1.9

 

Delete “shall” and insert “must”

2.1(2)

2.2(1), (3) and (4)

2.3

2.5

2.7

Etc.

The changes suggested will remove a significant number of clauses in the Amendment Local Law. 

Insert the table as recommended and delete redundant clauses. 

4.   General formatting

 

The Shire should ensure that similar clause formatting is used throughout the local law. Clause 6 and 8 has been redrafted as an example for the Shire’s consideration:

---

6. Clause 1.5 amended

In clause 1.5(2) delete “shall have” and replace with “has”.

 

8. Clause 1.7 amended

Clause 1.7 is amended as follows –

(a)  In subclause (1) delete “shall” and replace with “is”; and

(b)  In subclause (2) delete “shall be” and replace with “is”.

 

Recommended changes are minor and do not alter the intent or functionality of the local law. The original draft used the word “insert” consistently. DLGC recommend using the words “replace with”.

Make changes as recommended.

5.   Minor edit

The following minor edits are suggested:

·      The Shire has provided the principal local law with tracked edits showing the amendments being made. There is an amendment to clause 3.2 that has not been reflected in the amendment local law. The Shire should ensure that all relevant amendments are inserted into the amendment local law. An amendment should also be added for Schedule 1, item 47 of the principal local law to reflect the amendment carried out by clause 26.

·      It is suggested that the diagrams be deleted as these diagrams are merely examples with no direct legal effect. The Shire may wish to provide the diagrams to the public via pamphlets or website information. Alternatively, these diagrams can be inserted into the consolidated local law on the Shire’s website without the need for a formal amendment.

·      Clause 5:

Defined terms should be bold and italics without quote marks.

Paragraph (a) – The amendment does not specify where “and” should be inserted or which instance of “of those” should be deleted. This should be clarified.

Paragraph (b) – The meaning of the inserted text is unclear. The word “for” should be changed to “on” or “which is” depending on the Shire’s intentions.

·      Clause 7:

At the end of the first line insert a dash after “1.6”.

In paragraph (a), the number “4” should be in normal case rather than bold.

·      Clause 9: Replace “will” with “must”.

·      Clause 11: In paragraph (b) put quote marks around “(3)”.

·      Clause 16: Insert a quote mark after “insert”.

·      Clause 18: In paragraph (c) and (e), the amendments should specify where the new phrase is to be inserted.

·      Clause 20: in paragraph (b), replace “3.5(2)(c)” with “3.5(3)(c)”.

·      Clause 25(a): replace “in clause 3.10(1)(a) delete “which belongs to the”, insert “which is” and “property”” with “in subclause (1)(a) delete “which belongs to the local government” and replace with “which is local government property””.

·      Clause 28:

It appears that the word “shall” appears in clause 5.1(a) of the principal local law as well. This paragraph should be amended for the sake of consistency.

In paragraph (c), insert a space between “5.1” and “between”.

Redesignate “(c)” as “(b)”.

·      Clause 35(c): replace “6.4(2)(b)” with “6.4(1)(b)” and redesignate accordingly.

·    Clause 43:

In paragraph (a), insert the word “and” after the semicolon.

Delete paragraph (c).

In paragraph (b), replace “in clause 6.12(2) delete “mitigates” with:

“delete subclause (2) and insert:

(2) Nothing in this clause affects or overrides the limitations or conditions imposed by any other clause in this local law, or by any other local law or traffic sign relating to the parking or stopping of vehicles.”

 

Clause 3.2 and schedule 2, item 47 need to be changed as suggested.

 

The diagrams follow the State example in the Road Traffic Code 2000 and are designed to assist the public in interpreting the provisions of the local law. Having the diagrams included with the provisions makes it easier for the public rather than cross referencing a number of amendments.

 

The inclusion of defined terms in italics follows established protocols. The inclusion of the terms as bold and in italics is simply a different way of conveying the information. If however the convention has changed then the amendment local law should be amended to reflect these changes.

 

 

Make changes to clauses as recommended.

 

Retain the diagrams in the amendment local law to improve understanding for residents and visitors.

 


Item 9.2.5 - LOCAL GOVERNMENT PARKING AND PARKING FACILITIES AMENDMENT LOCAL LAW 2017

 

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Item 9.2.5 - LOCAL GOVERNMENT PARKING AND PARKING FACILITIES AMENDMENT LOCAL LAW 2017

 

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Item 9.2.5 - LOCAL GOVERNMENT PARKING AND PARKING FACILITIES AMENDMENT LOCAL LAW 2017

 

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Item 9.2.5 - LOCAL GOVERNMENT PARKING AND PARKING FACILITIES AMENDMENT LOCAL LAW 2017

 

 

 

 

 

 

 

 

LOCAL GOVERNMENT ACT 1995

 

 

 

 

 

 

 

SHIRE OF BROOME

 

 

 

 

 

 

 

PARKING AND PARKING FACILITIES LOCAL LAW 2012

 

 

(This copy of the Shire of Broome Parking and Parking Facilities Local Law 2012 is as published in the Government Gazette on 31 July 2012)


LOCAL GOVERNMENT ACT 1995 SHIRE OF BROOME

PARKING AND PARKING FACILITIES LOCAL LAW 2017 ARRANGEMENT

Part 1 – Definitions and Operations

 

1.1     Title

1.2     Commencement

1.3     Definitions

1.4     Repeal

1.5     Application of particular definitions

1.6     Application

1.7     Pre-existing signs

1.8     Classes of vehicles

1.9     Part of thoroughfare to which sign applies

1.10   Powers of the local government

 

Part 2 – Parking Stalls and Parking facilities

 

2.1     Determination of parking stalls and parking facilities

2.2     Vehicles to be within parking stall on thoroughfare

2.3     Payment of fee to park in parking facility

2.4     Suspension of parking facility restrictions

2.5     Vehicle not to be removed until fee paid

2.6     Entitlement to receipt

2.7     Parking ticket to be clearly visible

2.8     Parking prohibitions and restrictions

 

Part 3 – Parking Generally

 

3.1     Restrictions on parking in particular areas

3.2     Parking vehicle on a carriageway

3.3     When parallel and right-angled parking apply

3.4     When angle parking applies

3.5     General prohibitions on parking

3.6     Authorised person may order vehicle on thoroughfare to be moved

3.7     Authorised person may mark tyres

3.8     No movement of vehicles to avoid time limitation

3.9     No parking of vehicles exposed for sale and in other circumstances

3.10   Parking on private land

3.11   Parking on local government property

3.12   Suspension of parking limitations for urgent, essential or official duties

 

Part 4 – Parking and Stopping Generally

 

4.1     No stopping and no parking signs, and yellow edge lines

 

Part 5 – Stopping in Zones for Particular Vehicles

 

5.1     Stopping in a loading zone

5.2     Stopping in a taxi zone or a bus zone

5.3     Stopping in a mail zone

5.4     Other limitations in zones


Part 6 – Other Places Where Stopping is Restricted

 

6.1     Stopping in a shared zone

6.2     Double parking

6.3     Stopping near an obstruction

6.4     Stopping on a bridge or in a tunnel, etc

6.5     Stopping on crests, curves, etc

6.6     Stopping near a fire hydrant, etc

6.7     Stopping at or near a bus stop

6.8     Stopping on a path, median strip, or traffic island

6.9     Stopping on verge

6.10   Obstructing access to and from a path, driveway, etc

6.11   Stopping near a letter box

6.12   Stopping on a carriageway heavy and long vehicles

6.13   Stopping on a carriageway with a bicycle parking sign

6.14   Stopping on a carriageway with motor cycle parking sign

 

Part 7 – Miscellaneous

 

7.1     Removal of notices on vehicle

7.2     Unauthorised signs and defacing of signs

7.3     Signs must be complied with

7.4     General provisions about signs

7.5     Special purpose and emergency vehicles

7.6    Vehicles not to obstruct a public place

 

Part 8 – Penalties

 

8.1     Offences and penalties

8.2     Form of notices

 

Schedule 1 - Parking Region Schedule 2 - Prescribed Offences


LOCAL GOVERNMENT ACT 1995 SHIRE OF BROOME

PARKING AND PARKING FACILITIES LOCAL LAW 2012

 

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 on 14 June 2012 to make the following local law.

 

 

Part 1 – Definitions and Operation

 

1.1       Title

This local law may be cited as the Shire of Broome Parking and Parking Facilities Local Law 2012.

 

1.2       Commencement

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

 

1.3       Definitions

In this local law unless the context otherwise requires

Act means the Local Government Act 1995;

authorised person means 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;

authorised vehicle means a vehicle authorised by the local government, CEO, authorised person or by any written law to park on a thoroughfare or parking facility; bicycle means a vehicle with 2 or more wheels that is built to be propelled by human power through a belt, chain or gears (whether or not it has an auxiliary motor)

(a)            including a pedicab, penny-farthing and tricycle; but

(b)            not including a wheelchair, wheeled recreational device, wheeled toy, scooter or a power-assisted pedal cycle (if the motor is operating);

bicycle path has the meaning given to it by the Code;

built-up area has the meaning given to it by the Code;

bus means a motor vehicle, built mainly to carry people, that seats over 12 adults (including the driver);

bus embayment means an embayment at the side of a carriageway, designed so that a public bus can be driven into it, for the purpose of allowing passengers to alight or enter, without impeding the flow of traffic on that carriageway, but does not include a bus lane;

bus stop means a length of carriageway commencing 20 metres on the approach side of, and ending 10 metres on the departure side of, a post indicating that public buses stop at that point;

bus zone has the meaning given to it by the Code;

caravan has the same meaning given to it by the Caravan Parks and Camping Grounds Act 1995;

carriageway means

(a)     a portion of thoroughfare that is improved, designed or ordinarily used for vehicular traffic and includes the shoulders and areas, including embayments, at the side or centre of the carriageway, used for the stopping or parking of vehicles; and

(b)     where a thoroughfare has two or more portions divided by a median strip, the expression means each of those portions, separately;

centre in relation to a carriageway, means a line or a series of lines, marks or other indications

(a)                 for a two-way carriagewayplaced so as to delineate vehicular traffic travelling in different directions; or

(b)                 in the absence of any such lines, marks or other indicationsthe middle of the main, travelled portion of the carriageway;

children’s crossing has the meaning given to it by the Code; CEO means the Chief Executive Officer of the local government; Code means the Road Traffic Code 2000;

commercial vehicle means a motor vehicle constructed for the conveyance of goods or merchandise, or for the conveyance of materials used in any trade, business, industry or work whatsoever, other than a motor vehicle for the conveyance of passengers, and includes any motor vehicle that is designed primarily for the carriage of persons but which has been fitted or adapted for the conveyance of the goods, merchandise or materials referred to, and is in fact used for that purpose;

Council means the Council of the Shire of Broome;

district means the district of the local government;

driver means any person driving or in control of a vehicle;

edge line for a carriageway means a line marked along the carriageway at or near the far left or the far right of the carriageway;

emergency vehicle has the meaning given to it by the Code;

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;

GVM (which stands for “gross vehicle mass”) has the meaning given to it by the Code; loading zone means a parking stall which is set aside for use by commercial vehicles if there is a sign referable to that stall marked “Loading Zone”;

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;

mail zone has the meaning given to it by the Code;

median strip means any physical provision, other than lines, dividing a road to separate vehicular traffic proceeding in opposing directions or to separate 2 one-way carriageways for vehicular traffic proceeding in opposing directions;

motorcycle means a motor vehicle that has 2 wheels and includes

(a)                  a 2-wheeled motor vehicle with a sidecar attached to it that is supported by a third wheel; and

(b)                  a motor vehicle with 3 wheels that is ridden in the same way as a motor vehicle with 2 wheels,

but does not include any trailer;

motor vehicle means a self-propelled vehicle that is not operated on rails; and the expression includes a trailer, semi-trailer or caravan while attached to a motor vehicle, but does not include a power assisted pedal cycle or motorised scooter;

motorised scooter has the meaning given to it by the Code;

no parking area means —

(a)                 a portion of carriageway to which a no parking sign applies; or

(b)                 an area to which a no parking sign applies;

no parking sign means a sign with the words “no parking” in red letters on a white background, or the letter “P” within a red annulus and a red diagonal line across it on a white background;

no stopping area means —

(a)                 a portion of carriageway to which a no stopping sign applies; or

(b)                 an area to which a no stopping sign applies;

no stopping sign means a sign with the words “no stopping” or “no standing” in red letters on a white background or the letter “S” within a red annulus and a red diagonal line across it on a white background;

occupier has the meaning given to it by the Act;

owner

(a)                  where used in relation to a vehicle licensed under the Road Traffic Act, means the person in whose name the vehicle has been registered under the Road Traffic Act;

(b)                  where used in relation to any other vehicle, means the person who owns, or is entitled to possession of that vehicle; and

(c)                  where used in relation to land, has the meaning given to it by the Act;

park means to permit a vehicle, whether attended or not by any person, to remain stationary except for the purpose of –

(a)                 avoiding conflict with other traffic;

(b)                 complying with the provisions of any law; or

(c)                 taking up or setting down persons or goods (for a maximum of 2 minutes);

parking area means —

(a)                 a portion of carriageway to which a permissive parking sign applies; or

(b)                 an area to which a permissive parking sign applies;

parking facilities includes land, buildings, shelters, metered zones, metered spaces, parking stalls and other facilities open to the public generally for the parking of vehicles with or without charge and signs, notices and facilities used in connection with the parking of vehicles;

parking meter includes the stand on which the meter is erected and a ticket issuing machine;

parking region means the area described in Schedule 1;

parking stall means a section or part of a thoroughfare or of a parking facility which is marked or defined by painted lines, metallic studs, coloured bricks or pavers or similar devices for the purpose of indicating where a vehicle may be parked, but does not include a metered space;

pedestrian crossing has the meaning given to it by the Code;

public place means any thoroughfare or local government property;

Road Traffic Act means the Road Traffic Act 1974; Schedule means a Schedule to this local law; scooter has the meaning given to it by the Code;

shared zone means the network of roads in an area with

(a)                 a “shared zone” sign on each road into the area, indicating the same number; and

(b)                 an “end shared zone” sign on each road out of the area;

sign includes a traffic sign, inscription, road marking, mark, structure or device approved by the local government on which may be shown words, numbers, expressions or symbols, and which is placed on or near a thoroughfare or within a parking facility or local government property for the purpose of prohibiting, regulating, guiding, directing or restricting the parking of vehicles;

special purpose vehicle has the meaning given to it by the Code;

stop in relation to a vehicle means to stop a vehicle and permit it to remain stationary, except for the purposes of avoiding conflict with other traffic or of complying with the provisions of any law;

symbol includes any symbol specified by Australian Standard 1742.11-1999 and any symbol specified from time to time by Standards Australia for use in the regulation of parking and any reference to the wording of any sign in this local law shall be also deemed to include a reference to the corresponding symbol;

taxi means a taxi within the meaning of the Taxi Act 1994 or a taxi-car in section 47Z of the Transport Co-ordination Act 1966;

taxi zone has the meaning given to it by the Code;

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;

ticket issuing machine means a parking meter which issues, as a result of money being inserted in the machine or such other form of payment as may be permitted to be made, a ticket showing the period during which it is lawful to remain parked in a metered space to which the machine is referable;

traffic island means any physical provision, other than lines, marks or other indications on a carriageway, made at or near an intersection, to guide vehicular traffic;

trailer means any vehicle without motive power of its own, designed for attachment to a motor vehicle for the purpose of being towed, but does not include the rear portion of an articulated vehicle or a side car;

vehicle includes

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

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

verge means the portion of a thoroughfare which lies between the boundary of a carriageway and the adjacent property line but does not include a footpath; wheeled recreational device has the meaning given to it by the Code; and wheeled toy has the meaning given to it by the Code.

 

1.4       Repeal

The Shire of Broome Local Laws Relating to Parking and Use of Vehicles 2003 as published in the Government Gazette on 5 March 2004 and as amended and published in the Government Gazette on 8 June 2007 is repealed.

 

1.5       Application of particular definitions

(1)     For the purposes of the application of the definitions no parking area and parking area, an arrow inscribed on a traffic sign erected at an angle to the boundary of the carriageway is deemed to be pointing in the direction in which it would point, if the signs were turned at an angle of less than 90 degrees until parallel with the boundary.

 

(2)     Unless the context otherwise requires, where a term is used, but not defined, in this local law, and that term is defined in the Road Traffic Act or in the Code, then the term has the meaning given to it in that Act or the Code.

 

 

1.6       Application

(1)    Subject to subclause (2), this local law applies to the parking region.

(2)     This local law does not apply to a parking facility that is not occupied by the local government, unless the local government and the owner or occupier of that facility have agreed in writing that this local law will apply to that facility.

(3)     The agreement referred to in subclause (2) may be made on such terms and conditions as the parties may agree.

(4)     The provisions of Parts 2, 3, and 4 do not apply to a bicycle parked at a bicycle rail or bicycle rack.

 

1.7       Pre-existing signs

(1)     A sign that

(a)                was erected by the local government or the Commissioner of Main Roads prior to the coming into operation of this local law; and

(b)     relates to the parking of vehicles within the parking region, is deemed for the purposes of this local law to have been erected by the local government under the authority of this local law.

(2)     An inscription or symbol on a sign referred to in subclause (1) operates and has effect according to its tenor, and where the inscription or symbol relates to the stopping of vehicles, it is deemed for the purposes of this local law to operate and have effect as if it related to the parking of vehicles.

 

1.8       Classes of vehicles

For the purpose of this local law, vehicles are divided into classes as follows

(a)                 buses;

(b)                 commercial vehicles;

(c)                 motorcycles and bicycles;

(d)                 taxis; and

(e)                 all other vehicles.

 

1.9       Part of thoroughfare to which sign applies

Where under this local law the parking of vehicles in a thoroughfare is controlled by a sign, the sign must be read as applying to that part of the thoroughfare which

(a)                 lies beyond the sign;

(b)                 lies between the sign and the next sign beyond that sign; and

(c)                 is on that side of the thoroughfare nearest to the sign.

 

1.10    Powers of the local government

The Council may, by resolution, prohibit or regulate by signs or otherwise, the stopping or parking of any vehicle or any class of vehicles in any part of the parking region but must do so consistently with the provisions of this local law.

 

 

Part 2 – Parking Stalls and Parking Facilities

 

2.1       Determination of parking stalls and parking facilities

(1)     The Council may by resolution constitute, determine and vary

(a)                  parking stalls;

(b)                  parking facilities;

(c)                  permitted time and conditions of parking in parking stalls and parking facilities which may vary with the locality;

(d)                  permitted classes of vehicles which may park in parking stalls and parking facilities;

(e)                  permitted classes of persons who may park in specified parking stalls or parking facilities; and

(f)                   the manner of parking in parking stalls and parking facilities.

(2)     Where the Council makes a resolution under subclause (1) it will erect signs to give effect to the determination.

 

2.2       Vehicles to be within parking stall on a thoroughfare

(1)     Subject to subclauses (2), (3) and (4), a person must not park a vehicle in a parking stall in a thoroughfare otherwise than

(a)                 parallel to and as close to the kerb as is practicable;

(b)                 wholly within the stall; and

(c)                 headed in the direction of the movement of traffic on the side of the thoroughfare in which the stall is situated.

(2)     Subject to subclause (3), where a parking stall in a thoroughfare is set out otherwise than parallel to the kerb, then a person must park a vehicle in that stall wholly within it.

(3)     If a vehicle is too long or too wide to fit completely within a single parking stall then the person parking the vehicle must do so within the minimum number of parking stalls needed to park that vehicle.

(4)     A person must not park a vehicle partly within and partly outside a parking area.

 

2.3       Payment of fee to park in a parking facility

A person must not park a vehicle or permit a vehicle to remain parked in any parking facility during any period for which a fee is payable unless

(a)                 in the case of a parking facility having an authorised person on duty, the appropriate fee is paid when demanded; or

(b)                 in the case of a parking facility equipped with parking meters, the appropriate fee is inserted in the meter or the required payment is made in such other form as may be permitted.

 

2.4       Suspension of parking facility restrictions

The Council may by resolution declare that the provisions of clause 3.3 do not apply during periods on particular days in relation to particular parking facilities as specified in such resolution.

 

2.5       Vehicle not to be removed until fee paid

A person must not remove a vehicle which has been parked in a parking facility until the appropriate fee has been paid for the period for which the vehicle has been parked.

 

2.6       Entitlement to receipt

A person paying a fee at a parking facility is entitled to receive a receipt on demand showing the period of parking covered by such payment.

 

2.7       Parking ticket to be clearly visible

A driver of a vehicle in a parking facility which is equipped with a ticket issuing machine must on purchasing a ticket from the machine for a period of parking, place the ticket inside the vehicle in such a position that the ticket is clearly visible to and the expiry time or time for which the ticket remains valid is able to be read by an authorised person examining the ticket from outside the vehicle.


 

2.8       Parking prohibitions and restrictions

(1)     A person must not

(a)                 park a vehicle so as to obstruct an entrance to, or an exit from a parking facility, or an access way within a parking facility;

(b)                 except with the permission of the local government or an authorised person, park a vehicle on any part of a parking facility contrary to a sign referable to that part;

(c)                 permit a vehicle to park on any part of a parking facility, if an authorised person directs the driver of such vehicle to move the vehicle; or

(d)                 park or attempt to park a vehicle in a parking stall in which another vehicle is parked, but this paragraph does not prevent the parking of a motorcycle and a bicycle together in a stall marked “M/C”, if the bicycle is parked in accordance with subclause (2).

(2)     A person must not park any bicycle

(a)                 in a parking stall other than in a stall marked “M/C”; and

(b)                 in such stall, other than against the kerb.

 

Part 3 – Parking Generally

 

3.1       Restrictions on parking in particular areas

(1)     A person must not park a vehicle in a thoroughfare or part of a thoroughfare, or part of a parking facility

(a)                if by a sign it is set apart for the parking of vehicles of a different class;

(b)                if by a sign it is set apart for the parking of vehicles by persons of a different class; or

(c)                during any period when the parking of vehicles is prohibited by a sign.

(2)     A person must not park a vehicle

(a)                  in a no parking area;

(b)                  in a parking area, except in accordance with both the signs associated with the parking area and with this local law;

(c)                  in a stall marked “M/C” unless it is a motorcycle without a sidecar or a trailer, or it is a bicycle.

(3)     A person must not park a motorcycle without a sidecar or a trailer, or a bicycle in a parking stall not marked “M/C”, except where there are no stalls marked “M/C” within 500 metres of the parking stall.(4) A person must not, without the prior permission of the local government, the CEO, or an authorised person, park a vehicle in an area designated by a sign stating “Authorised Vehicles Only”.

 

3.2       Parking vehicle on a carriageway

(1)     A person parking a vehicle on a carriageway other than in a parking stall must park it

(a)                 in the case of a two-way carriageway, so that it is as near as practicable to, and parallel with, the left boundary of the carriageway and headed in the direction of the movement of traffic on the side of the thoroughfare on which the vehicle is parked;

(b)                 in the case of a one-way carriageway, so that it is as near as practicable to and parallel with either boundary of the carriageway and headed in the direction of the movement of traffic on the side of the thoroughfare on which the vehicle is parked;

(c)                 so that at least 3 metres of the width of the carriageway lies between the vehicle and the farther boundary of the carriageway, or any continuous line or median strip, or between the vehicle and a vehicle parked on the farther side of the carriageway;

(d)                 so that the front and the rear of the vehicle respectively is not less than 1 metre from any other vehicle, except a motorcycle without a trailer or a bicycle parked in accordance with this local law; and

(e)                 so that it does not obstruct any vehicle on the carriageway,

unless otherwise indicated on a parking regulation sign or markings on the carriageway.

(2)     In this clause continuous dividing line means

(a)                 a single continuous dividing line only;

(b)                 a single continuous dividing line to the left or right of a broken dividing line; or

(c)                 2 parallel continuous dividing lines.

 

3.3       When parallel and right-angled parking apply

Where a traffic sign associated with a parking area is not inscribed with the words “angle parking”, or with an equivalent symbol depicting this purpose, then unless a sign associated with the parking area or marks on the carriageway indicate that vehicles have to park in a different position, then

(a)                 where the parking area is adjacent to the boundary of a carriageway, a person parking a vehicle in the parking area must park it as near as practicable to and parallel with that boundary; and

(b)                 where the parking area is at or near the centre of the carriageway, a person parking a vehicle in that parking area must park it at approximately right angles to the centre of the carriageway.

 

3.4       When angle parking applies

(1)     This clause does not apply to

(a)                 a passenger vehicle or a commercial vehicle with a mass, including any load, of over 3 tonnes; or

(b)                 a person parking either a motor cycle without a trailer or a bicycle.

(2)     Where a sign associated with a parking area is inscribed with the words “angle parking” or with an equivalent symbol depicting this purpose, a person parking a vehicle in the area must park the vehicle at an angle of approximately 45 degrees to the centre of the carriageway unless otherwise indicated by the inscription on the parking sign or by marks on the carriageway.

 

3.5       General prohibitions on parking

(1)     This clause does not apply to a vehicle parked in a parking stall or to a bicycle in a bicycle rack.

(2)     Subclauses (3)(c), (e) and (g) do not apply to a vehicle which parks in a bus embayment.

(3)     Subject to any law relating to intersections with traffic control signals, a person must not park a vehicle so that any portion of the vehicle is

(a)                 between any other stationary vehicles and the centre of the carriageway;

(b)                 on or adjacent to a median strip;

(c)                 obstructing a right of way, private driveway or carriageway or so close as to deny a vehicle reasonable access to or egress from the right of way, private driveway or carriageway;

(d)                 alongside or opposite any excavation, works, hoarding, scaffolding or obstruction on the carriageway, if the vehicle would obstruct traffic;

(e)                 on or within 10 metres of any portion of a carriageway bounded by a traffic island;

(f)                  on any footpath or pedestrian crossing;

(g)                 between the boundaries of a carriageway and any double longitudinal line consisting of 2 continuous lines or between a double longitudinal line consisting of a continuous line and a broken or dotted line and the boundary of a carriageway nearer to the continuous line, unless there is a distance of at least 3 metres clear between the vehicle and the double longitudinal line;

 

Example

 

Parallel parking – minimum distance from other vehicles and dividing strip

In the example, the vehicles marked with an “X’ are parked in contravention of clause 3.5(3).

 

(h)                 on an intersection, except adjacent to a carriageway boundary that is not broken by an intersecting carriageway;

(i)                  within 1 metre of a fire hydrant or fire plug, or of any sign or mark indicating the existence of a fire hydrant or fire plug;

(j)                  within 3 metres of a public letter pillar box located on a thoroughfare, unless the vehicle is being used for the purposes of collecting postal articles from the pillar box; or

(k)                 within 10 metres of the nearer property line of any thoroughfare intersecting the thoroughfare on the side on which the vehicle is parked, unless a sign or markings on the carriageway indicate otherwise.

 

Example

 

Measurement of distance – T-intersection without traffic lights

 

 

(4)     A person must not park a vehicle so that any portion of the vehicle is within 10 metres of the departure side of

(a)                 a sign inscribed with the words “Bus Stop” or “Hail Bus Here”, or with equivalent symbols depicting these purposes, unless the vehicle is a bus stopped to take up or set down passengers; or

(b)                 a children’s crossing or pedestrian crossing.

(5)     A person must not park a vehicle so that any portion of the vehicle is within 20 metres of the approach side of

(a)                 a sign inscribed with the words “Bus Stop” or “Hail Bus Here”, or with equivalent symbols depicting these purposes, unless the vehicle is a bus stopped to take up or set down passengers; or

(b)                 a children’s crossing or pedestrian crossing.

 

Example 1

Measurement of distance – children’s crossing

 


 

Example 2

Measurement of distance – pedestrian crossing

 

(6)     A person must not park a vehicle so that any portion of the vehicle is within 20 metres of either the approach side or the departure side of the nearest rail of a railway level crossing

Example

Measurement of distance – level crossing

 

(7)     A person must not park on a verge unless that portion of the verge has been approved in writing by the local government as a parking area.

(8)    Subclause (7) does not apply to a verge adjacent to a premises zoned residential under the local planning scheme if the person is the owner or occupier of the premises  adjacent to that portion of the verge, or is a person authorised by the occupier to park on that portion of the verge.

 

 

3.6       Authorised person may order vehicle on thoroughfare to be moved

The driver of a vehicle must not park that vehicle on any part of a thoroughfare in contravention of this local law after an authorised person has directed the driver to move it.

 

3.7       Authorised person may mark the tyres of a vehicle

(1)     An authorised person may mark the tyres of a vehicle parked in a parking stall or parking facility with chalk or any other non-indelible substance for a purpose connected with or arising out of his or her duties or powers.

(2)     A person must not remove a mark made by an authorised person so that the purpose of the affixing of such a mark is defeated or likely to be defeated.

 

3.8       No movement of vehicles to avoid time limitation

(1)     Where the parking of vehicles in a parking facility is permitted for a limited time, a person must not move a vehicle within the parking facility so that the total time of parking exceeds the maximum time allowed for parking in the parking facility.

(2)     Where the parking of vehicles in a thoroughfare is permitted for a limited time, a person must not move a vehicle along that thoroughfare so that the total time of parking exceeds the maximum time permitted, unless the vehicle has first been removed from the thoroughfare for at least 2 hours.

 

3.9       No parking of vehicles exposed for sale and in other circumstances

A person must not park a vehicle on any portion of a thoroughfare

(a)                 for the purpose of exposing it for sale;

(b)                 if that vehicle is not licensed under the Road Traffic Act;

(c)                 if that vehicle is a trailer or a caravan unattached to a motor vehicle; or

(d)                 for the purpose of effecting repairs to it, other than the minimum repairs necessary to enable the vehicle to be moved to a place other than a thoroughfare.

 

3.10     Parking on private land

(1)     In this clause a reference to “land” does not include land

(a)                 which is local government property;

(b)                 which is the subject of an agreement referred to in subclause 1.6(2); or

(c)                   which is identified in a Schedule.

(2)     A person must not park a vehicle on land without the consent of the owner or occupier of the land on which the vehicle is parked.

(3)     Where the owner or occupier of the land, by a sign referable to that land or otherwise, consents to the parking of vehicles of a specified class or classes on the land for a limited period, a person must not park a vehicle on the land otherwise than in accordance with the consent.

 

3.11     Parking on local government property

No person other than an employee of the local government in the course of his or her duties or a person authorised by the local government shall drive or park a vehicle upon or over any portion of a local government property other than upon an area specifically set aside for that purpose.

 

3.12     Suspension of parking limitations for urgent, essential or official duties

(1)     Where, by a sign, the parking of vehicles is permitted for a limited time on a portion of a thoroughfare or parking facility, the local government, the CEO or an authorised person may permit a person to park a vehicle in that portion of the thoroughfare or parking facility for longer than the permitted time in order that the person may carry out urgent, essential or official duties.

(2)     Where permission is granted under subclause (1), the local government, the CEO or an authorised person may prohibit the use by any other vehicle of that portion of the thoroughfare or parking facility to which the permission relates, for the duration of that permission.

 


 

Part 4 – Parking and Stopping Generally

 

4.1       No stopping and no parking signs, and yellow edge lines

(1)     A driver shall not stop on a length of carriageway, or in an area, to which a no stopping sign applies.

(2)     A driver must not stop on a length of carriageway or in an area to which a no parking sign applies, unless the driver

(a)                 is dropping off, or picking up, passengers or goods;

(b)                 does not leave the vehicle unattended; and

(c)                 completes the dropping off, or picking up, of the passengers or goods within 2 minutes of stopping and drives on.

(3)                 A driver must not stop at the side of a carriageway marked with a continuous yellow edge line.

 

(4)     In this clause a driver leaves the vehicle unattended if the driver leaves the vehicle so the driver is over 3 metres from the closest point of the vehicle.

 

 

Part 5 – Stopping in Zones for Particular Vehicles

 

5.1       Stopping in a loading zone

A person must not stop a vehicle in a loading zone unless it is

(a)                 a motor vehicle used for commercial or trade purposes engaged in the picking up or setting down of goods; or

(b)                 a motor vehicle taking up or setting down passengers,

but, in any event, must not remain in that loading zone

(c)          for longer than a time indicated on the sign designating the loading zone; or

(d)                 longer than 30 minutes if no time is indicated on the sign.

 

5.2       Stopping in a taxi zone or a bus zone

(1)     A driver must not stop in a taxi zone, unless the driver is driving a taxi.

(2)     A driver must not stop in a bus zone, unless the driver is driving a public bus, or a bus of a type that is permitted to stop at the bus zone by information on or with the “bus zone” sign applying to the bus zone.

 

5.3       Stopping in a mail zone

A person must not stop a vehicle in a mail zone.

 

5.4       Other limitations in zones

A person must not stop a vehicle in a zone to which a traffic sign applies if stopping the vehicle would be contrary to any limitation in respect to classes of persons or vehicles, or specific activities allowed, as indicated by additional words on a traffic sign that applies to the zone.

 

 

Part 6 – Other Places Where Stopping is Restricted

 

6.1       Stopping in a shared zone

A driver must not stop in a shared zone unless

(a)                 the driver stops at a place on a length of carriageway, or in an area, to which a parking control sign applies and the driver is permitted to stop at that place under this local law;

(b)                 the driver stops in a parking stall and the driver is permitted to stop in the parking stall under this local law;

(c)                 the driver is dropping off, or picking up, passengers or goods; or

(d)                 the driver is engaged in door-to-door delivery or collection of goods, or in the collection of waste or garbage.

 

6.2       Double parking

(1)     A driver must not stop a vehicle so that any portion of the vehicle is between any other stopped vehicle and the centre of the carriageway.

(2)     This clause does not apply to

(a)                 a driver stopped in traffic; or

(b)                 a driver angle parking on the side of the carriageway or in a median strip parking area, in accordance with this local law.

 

Examples

 Example 1

In example 1, the vehicle “B” is stopped in contravention of clause 6.2(1).

 

Example 2

In example 2, the angle parked vehicles are not stopped in contravention of this clause.

 

6.3       Stopping near an obstruction

A driver must not stop on a carriageway near an obstruction on the carriageway in a position that further obstructs traffic on the carriageway.

 

6.4       Stopping on a bridge or in a tunnel, etc.

(1)     A driver must not stop a vehicle on a bridge, causeway, ramp or similar structure unless

(a)                 the carriageway is at least as wide on the structure as it is on each of the approaches and a traffic sign does not prohibit stopping or parking; or

(b)                 the driver stops at a place on a length of carriageway, or in an area, to which a parking control sign applies and the driver is permitted to stop at that place under this local law.

 

Example

 

Stopping on a bridge where the carriageway on the bridge is narrower than on an approach

 

In the example the vehicle is stopped in contravention of clause 6.4(1).

 

(2)     A driver must not stop a vehicle in a tunnel or underpass unless

(a)                 the carriageway is at least as wide in the tunnel or underpass as it is on each of the approaches and a traffic sign does not prohibit stopping or parking; or

(b)                 the driver of a motor vehicle stops at a bus stop, or in a bus zone or parking area marked on the carriageway, for the purpose of setting down or taking up passengers.

 

6.5       Stopping on crests, curves, etc.

(1)     Subject to subclause (2), a driver must not stop a vehicle on, or partly on, a carriageway in any position where it is not visible to the driver of an overtaking vehicle from a distance of 50 metres within a built-up area and from a distance of 150 metres outside a built-up area.

(2)     A driver may stop on a crest or curve on a carriageway that is not in a built-up area if the driver stops at a place on the carriageway, or in an area, to which a parking control sign applies and the driver is permitted to stop at that place under this local law.

 

6.6       Stopping near a fire hydrant etc.

(1)     A driver must not stop a vehicle so that any portion of the vehicle is within 1 metre of a fire hydrant or fire plug, or of any sign or mark indicating the existence of a fire hydrant or fire plug, unless

(a)                 the driver is driving a public bus, and the driver stops in a bus zone or at a bus stop and does not leave the bus unattended; or

(b)                 the driver is driving a taxi, and the driver stops in a taxi zone and does not leave the taxi unattended.

 


 

Examples

 

Fire hydrant indicators

 

 

Fire plug indicator

 

 

(2)     In this clause a driver leaves the vehicle unattended if the driver leaves the vehicle so the driver is over 3 metres from the closest point of the vehicle.

 

6.7       Stopping at or near a bus stop

(1)     A driver must not stop a vehicle so that any portion of the vehicle is within 20 metres of the approach side of a bus stop, or within 10 metres of the departure side of a bus stop, unless

(a)                 the vehicle is a public bus stopped to take up or set down passengers; or

(b)                 the driver stops at a place on a length of carriageway or in an area to which a parking control sign applies and the driver is permitted to stop at that place under this local law.

(2)     In this clause

(a)                 distances are measured in the direction in which the driver is driving; and

(b)                 a trailer attached to a public bus is deemed to be a part of the public bus.

 

6.8       Stopping on a path, median strip, or traffic island

The driver of a vehicle (other than a bicycle or an animal) must not stop so that any portion of the vehicle is on a footpath, traffic island or median strip, unless the driver stops in an area to which a parking control sign applies and the driver is permitted to stop at that place under this local law.

 

6.9       Stopping on verge

(1)     A person must not

(a)                 stop a vehicle other than a bicycle;

(b)                 stop a commercial vehicle or bus, or a trailer or caravan unattached to a motor vehicle; or

(c)                 stop a vehicle during any period when the stopping of vehicles on that verge is prohibited by a sign adjacent and referable to that verge,

so that any portion of it is on a verge.

(2)     Subclause (1)(a) does not apply to the person if he or she is the owner or occupier of the premises adjacent to that verge, or is a person authorised by the occupier of those premises to stop the vehicle so that any portion of it is on the verge.

(3)     Subclause (1)(b) does not apply to a commercial vehicle when it is being loaded or unloaded with reasonable expedition with goods, merchandise or materials collected from or delivered to the premises adjacent to the portion of the verge on which the commercial vehicle is parked, provided no obstruction is caused to the passage of any vehicle or person using a carriageway or a footpath.

 

6.10     Obstructing access to and from a footpath, driveway, etc.

(1)     A driver must not stop a vehicle so that any portion of the vehicle is in front of a footpath or in a position that obstructs access by vehicles or pedestrians to or from that footpath, unless

(a)                 the driver is dropping off, or picking up, passengers; or

(b)                 the driver stops in a parking stall and the driver is permitted to stop in the parking stall under this local law.

(2)     A driver must not stop a vehicle on or across a driveway or other way of access for vehicles travelling to or from adjacent land, unless

(a)                 the driver is dropping off, or picking up, passengers; or

(b)                 the driver stops in a parking stall and the driver is permitted to stop in  the parking stall under this local law.

 

Example

 

Blocking a driveway

 

 

In the example, the vehicle marked with an ‘X’ is stopped in contravention of clause 6.10(2).

 

6.11     Stopping near a letter box

A driver must not stop a vehicle so that any portion of the vehicle is within 3 metres of a public letter pillar box, unless the driver

(a)                 is dropping off, or picking up, passengers or mail; or

(b)                 stops at a place on a length of carriageway or in an area to which a parking control sign applies and the driver is permitted to stop at that place under this local law.

 

6.12     Stopping on a carriageway heavy and long vehicles

(1)     A person must not park a vehicle or any combination of vehicles that, together with any projection on, or load carried by, the vehicle or combination of vehicles, is 7.5 metres or more in length or exceeds a GVM of 4.5 tonnes

(a)                 on a carriageway in a built-up area for any period exceeding 1 hour, unless engaged in the picking up or setting down of goods; or

(b)                 on a carriageway outside a built-up area, except on the shoulder of the carriageway or in a truck bay or other area set aside for the parking of goods vehicles.

Nothing in this clause affects or overrides the limitations or conditions imposed by any other clause in this local law, or by any other local law or traffic sign relating to the parking or stopping of vehicles.

6.13     Stopping on a carriageway with a bicycle parking sign

The driver of a vehicle, other than a bicycle, must not stop on a length of carriageway to which a “bicycle parking” sign applies, unless the driver is dropping off or picking up passengers.

 

6.14     Stopping on a carriageway with motor cycle parking sign

The driver of a vehicle must not stop on a length of carriageway or in an area to which a “motor cycle parking” sign applies, or an area marked “M/C” unless

(a)                 the vehicle is a motor cycle; or

(b)                 the driver is dropping off, or picking up, passengers.

 

 

Part 7 – Miscellaneous

 

7.1       Removal of notices on vehicle

A person, other than the driver of the vehicle or a person acting under the direction of the driver of the vehicle, must not remove from the vehicle any notice put on the vehicle by an authorised person.

 

7.2       Unauthorised signs and defacing of signs

A person must not, without the authority of the local government

(a)                 mark, set up or exhibit a sign purporting to be or resembling a sign marked, set up or exhibited by the local government under this local law;

(b)                 remove, deface or misuse a sign or property, set up or exhibited by the local government under this local law, or attempt to do any such act; or

(c)                 affix a board, sign, placard, notice or other thing to or paint or write upon any part of a sign set up or exhibited by the local government under this local law.

 

7.3       Signs must be complied with

An inscription or symbol on a sign operates and has effect according to its tenor and a person contravening the direction on a sign commits an offence under this local law.

 

7.4       General provisions about signs

(1)     A sign marked, erected, set up, established or displayed on or near a thoroughfare is, in the absence of evidence to the contrary, presumed to be a sign marked, erected, set up, established or displayed under the authority of this local law.

(2)     The first 3 letters of any day of the week when used on a sign indicate that day of the week.

 

7.5       Special purpose and emergency vehicles

Notwithstanding anything to the contrary in this local law, the driver of

(a)                 a special purpose vehicle may, only in the course of his or her duties and when it is expedient and safe to do so, stop or park the vehicle in any place, at any time; and

(b)                 an emergency vehicle may, in the course of his or her duties and when it is expedient and safe to do so or where he or she honestly and reasonably believes that it is expedient and safe to do so, stop or park the vehicle at any place, at any time.

 


 

7.6       Vehicles not to obstruct a public place

(1)     A person must not leave a vehicle, or any part of a vehicle, in a public place so that it obstructs the use of any part of that public place without the permission of the local government or unless authorised under any written law.

(2)     A person will not contravene subclause (1) where the vehicle is left for a period not exceeding 24 hours.

 

 

Part 8 - Penalties

 

8.1       Offences and penalties

(1)     Any 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, commits an offence.

(2)     An offence against any provision of this local law is a prescribed offence for the purposes of section 9.16(1) of the Act.

(3)    Any person who commits an offence under this local law will be liable, upon conviction, to a penalty not exceeding $1,000, and if the offence is of a continuing nature, to an additional penalty not exceeding $100 for each day or part of a day during which the offence has continued.

(4)     The amount appearing in the final column of Schedule 2 directly opposite a clause specified in that Schedule is the modified penalty for an offence against that clause.

 

8.2       Form of notices

For the purposes of this local law

(a)                 the form of the notice referred to in section 9.13 of the Act is Form 1 in Schedule 1 of the Local Government (Functions and General) Regulations 1996;

(b)                 the form of the infringement notice referred to in section 9.17 of the Act is Form 2 in Schedule 1 of the Local Government (Functions and General) Regulations 1996; and

(c)                 the form of the infringement withdrawal notice referred to in section 9.20 of the Act is Form 3 in Schedule 1 of the Local Government (Functions and General) Regulations 1996.

 

 


Schedule 1 – Parking Region

 

[cl 1.6(1)]

 

 


The parking region is the whole of the district, but excludes the following portions of the district –

(1)     the approach and departure prohibition areas of all existing and future traffic control signal installations as determined by the Commissioner of Main Roads;

(2)     prohibition areas applicable to all existing and future bridges and subways as determined by the Commissioner of Main Roads; and

(3)     any road which comes under the control of the Commissioner of Main Roads, unless the control of parking and parking facilities on that road is carried out subject to the control and direction of the Commissioner of Main Roads, or has been delegated by the Commissioner to the local government.

 


Schedule 2 – Prescribed Offences

 

[cl 8.1(4)]

 


 

OFFENCES AND MODIFIED PENALTIES

ITEM NO.

CLAUSE NO.

NATURE OF OFFENCE

 

MODIFIED PENALTY

$

1

2.2(1)

Failure to park wholly within parking stall

 

60

2

2.2(4)

Failure to park wholly within parking area

 

60

3

2.8(1)(a)

Causing obstruction in a parking facility

 

50

4

2.8(1)(b)

Parking contrary to sign in a parking facility

 

50

5

2.8(1)(c)

Parking contrary to directions of authorised person

 

60

6

2.8(1)(d)

Parking or attempting to park a vehicle in a parking stall occupied by another vehicle

 

40

7

3.1(1)(a)

Parking wrong class of vehicle

 

40

8

3.1(1)(b)

Parking by persons of a different class

 

45

9

3.1(1)(c)

Parking during prohibited period

 

45

10

3.1(2)(a)

Parking in no parking area

 

60

11

3.1(2)(b)

Parking contrary to signs or limitations

 

60

12

3.1(2)(c)

Parking vehicle in motor cycle only area

 

60

13

3.1(3)

Parking motor cycle in stall not marked “M/C”

 

60

14

3.1(4)

Parking without permission in an area designated with a sign “Authorised Vehicles Only”

 

60

15

3.2(1)(a)

Failure to park on the left of two-way carriageway

 

60

16

3.2(1)(a)

Parking against the flow of traffic

 

60

17

3.2(1)(b)

Failure to park on boundary of one-way carriageway

 

60

18

3.2(1)(c)

Parking when distance from farther boundary less than 3 metres

 

45

19

3.2(1)(d)

Parking closer than 1 metre from another vehicle

 

40

20

3.2(1)(e)

Causing obstruction

 

60

21

3.3(b)

Failure to park at approximate right angle

 

60

22

3.4(2)

Failure to park at an appropriate angle

 

60

23

3.5(3)(a)

and 6.2

Double parking

 

60

24

3.5(3)(b)

Parking on or adjacent to a median strip

 

60

25

3.5(3)(c)

Denying access to private drive or right of way

 

60

26

3.5(3)(d)

Parking beside excavation or obstruction so as to obstruct traffic

 

60

27

3.5(3)(e)

Parking within 10 metres of traffic island

 

60


 

28

3.5(3)(f)

Parking on footpath/pedestrian crossing

60

29

3.5(3)(g)

Parking contrary to continuous line markings

60

30

3.5(3)(h)

Parking on intersection

60

31

3.5(3)(i)

Parking within 1 metre of fire hydrant or fire plug

60

32

3.5(3)(j)

Parking within 3 metres of public letter box

60

33

3.5(3)(k)

Parking within 10 metres of intersection

60

34

3.5(4)

Parking vehicle within 10 metres of departure side of bus stop, children's crossing or pedestrian crossing

60

35

3.5(5)

Parking vehicle within 20 metres of approach side of bus stop, children's crossing or pedestrian crossing

60

36

3.5(6)

Parking vehicle within 20 metres of approach side or departure side of railway level crossing

60

37

3.5(7)

Parking on a verge that is not an approved parking area

60

38

3.6

Parking contrary to direction of authorised person

60

39

3.7(2)

Removing mark of authorised person

60

40

3.8

Moving vehicle to avoid time limitation

60

41

3.9(a)

Parking in thoroughfare for purpose of sale

60

42

3.9(b)

Parking unlicensed vehicle in thoroughfare

60

43

3.9(c)

Parking a trailer/caravan on a thoroughfare

60

44

3.9(d)

Parking in thoroughfare for purpose of repairs

60

45

3.10(2)

Parking on land that is not a parking facility without consent

60

46

3.10(3)

Parking on land not in accordance with consent

60

47

3.11

Driving or parking on local government property

60

48

4.1(1)

Stopping contrary to a no stopping sign

60

49

4.1(2)

Parking contrary to a no parking sign

60

50

4.1(3)

Stopping within continuous yellow lines

60

51

5.1

Stopping unlawfully in a loading zone

60

52

5.2

Stopping unlawfully in a taxi zone or bus zone

60

53

5.3

Stopping unlawfully in a mail zone

60

54

5.4

Stopping in a zone contrary to a sign

60

55

6.1

Stopping in a shared zone

60

56

6.3

Stopping near an obstruction

60

57

6.4

Stopping on a bridge or tunnel

60

58

6.5

Stopping on crests/curves etc

60

59

6.6

Stopping near fire hydrant

60

60

6.7

Stopping near bus stop

60


 

61

6.8

Stopping on path, median strip or traffic island

60

62

6.9

Stopping on verge

60

63

6.10

Obstructing path, a driveway etc

60

64

6.11

Stopping near letter box

60

65

6.12

Stopping heavy or long vehicles on carriageway

60

66

6.13

Stopping in bicycle parking area

60

67

6.14

Stopping in motorcycle parking area

60

68

7.6

Leaving vehicle so as to obstruct a public place

60

 

 

 

 

 

 

 

 

Dated 15 June 2012

 

 

The Common Seal of the             )

Shire of Broome                            ) was affixed under the authority ) of a resolution of Council in the ) presence of:                                                         )

 

 

 

 

 

                                                      

G T CAMPBELL                                                 K R DONOHOE

Shire President                                                    Chief Executive Officer

 

 

 

 

 

 

 

 


MinutesOrdinary Meeting of Council 27 July 2017                                                                                    Page 281 of 536

 

 

The Chairman advised that a Revised Report Recommendation was circulated to Councillors prior to the meeting.

 

9.2.6      LEASE DISPOSAL TO KIMBERLEY WILD EXPEDITIONS PTY LTD PORTION OF RESERVE 34305

LOCATION/ADDRESS:                             RESERVE 34305. BAGOT STREET, BROOME

APPLICANT:                                              KIMBERLEY WILD EXPEDITIONS

FILE:                                                           LSS033

AUTHOR:                                                   Property and Leasing Senior Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Infrastructure

DISCLOSURE OF INTEREST:                      NIL

DATE OF REPORT:                                    12 July 2017

 

SUMMARY:         This report seeks Councils consideration to lease a portion of Reserve 34305 to Kimberley Wild Expeditions Pty Ltd. for the purpose of car parking.

 

 

BACKGROUND

 

Previous Considerations

 

OCM 20 October 1992                     Item 5.3

OCM 17 August 1993                        Item 4.13

OCM 04 February 2003                     Item 9.2.5

OCM 28 October 2010                     Item 9.2.4

OCM 15 December 2010                 Item 9.2.4

OCM 24 November 2016                  Item 9.1.1

 

Reserve 34305 is vested in the Shire of Broome for the designated purpose of ‘drainage and parking’ with the power, subject to approval in writing from the Minister for Lands, to lease the whole or any portion thereof for any term not exceeding twenty one (21) years

See attachment 1 – Site Plan.

 

At the Ordinary Council meeting held on the 24 November 2016 Council resolved to renew the lease to Last Resort 2004 Pty Ltd. for a fixed period of five years at a base rent of $18,077.46 per annum. In December 2016 Last Resort 2004 Pty Ltd. withdrew their interest in pursuing a new lease whilst they put their business on the market for sale. Their existing lease was rolled over under a ‘holding over period’ as per Clause 27 in the existing lease agreement. See Extract of Council Resolution below:

 

That Council:

1.   Advertises in accordance with Section 3.58 (3) and (4) of the Local Government Act 1995 the request from Last Resort 2004 Pty Ltd to lease for a period of five years an area of 1264 square metres being a portion of Reserve 34305 for the purpose of “Car parking for Backpacker Hostel” and at a commencing rental of $18,077.46 per annum plus outgoings and GST.

 

2. If no submissions are received, Council authorises:

The new lease with Last Resort 2004 Pty Ltd. for a fixed period of five years subject to:

I) Consent of the Minister of Lands being obtained;

ii) Rental increases to be based on annual CPI increases, with a three year market rental review being undertaken to coincide with the commencement of the fourth year;

iii) The lessee reimbursing the Shire of Broome for all legal and associated costs in preparing the lease and during the lease term including but not limited to advertising and surveying;

iv) The lessee reimbursing the Shire of Broome for any market rental reviews;

v) The car parking being marked and maintained to Council’s satisfaction;

vi)The lessee maintaining the perimeter of the car park area including any landscaping;

vii) The lessee ensuring that the existing underground drainage is not

damaged and is not to be utilised for parking. Any damage caused by the lessee, the lessees contractors, guests or visitors will be repaired at the lessee’s expense;

viii) The lessee to ensure that all relevant bylaws and regulations (Federal, State or Local Government) are complied with; and

ix) In the event that the property is sold, the lessee is obliged to advise any prospective purchaser that the associated car parking arrangements are subject to renegotiation, and change in ownership will require the lease to be assigned in accordance with the lease.

3. Authorises the Shire President and Chief Executive Officer to engross the final lease documentation.

 

Last Resort 2004 Pty Ltd have now sold their business / property to Kimberley Wild Expeditions Pty Ltd whom have requested to enter into a lease with the shire of Broome for portion of Reserve 34305 based on the same terms and conditions. See attachment 2.

 

COMMENT

 

Since Kimberley Wild Pty Ltd purchased 9 Bagot Street, Broome known as Broome’s Last Resort in May 2017, they have been undertaking renovations in order to improve the on-site accommodation facilities. The business requires 11 car parking bays to meet the planning requirements, so entering into a new lease is critical for its operations.

 

The terms and conditions of the new lease are proposed as follows:

 

Lease Name

Kimberly Wild Pty Ltd

Lease Start Date

August 2017

Term

Five Years with a Five year option

Size

1119sqm

Rent

$18,077.46

Site Works

Nil required

Outgoings

Maintain Carpark and surrounding area as per site plan to Councils satisfaction

Permitted Use

Car Parking

Lease Costs

Lessee to pay for all associated costs of entering into a new lease

 

On the 1 November 2016 a valuation was carried out by Opteon Property Group in Broome. The market value is in-line with the existing rent and therefore it is recommended that the new lease continue at the same rate. See attachment 3

 

CONSULTATION

 

Opteon Property Group

Kimberley Wild Pty Ltd

Kimberley Lawyers

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

 

3.58.     Disposing of property

(1)    In this section — 

        “dispose” includes to sell, lease, or otherwise dispose of, whether absolutely or not;

        “property” includes the whole or any part of the interest of a local government in property, but does not include money.

(2)   Except as stated in this section, a local government can only dispose of property to — 

(a) the highest bidder at public auction; or

(b) the person who at public tender called by the local government makes what is, in the opinion of the local government, the most acceptable tender, whether or not it is the highest tender.

(3)  A local government can dispose of property other than under subsection (2) if, before agreeing to dispose of the property — 

(a)   it gives local public notice of the proposed disposition — 

1.      (i)          describing the property concerned;

2.      (ii)         giving details of the proposed disposition; and

3.      (iii)        inviting submissions to be made to the local government before a date to be specified in the notice, being a date not less than 2 weeks after the notice is first given;

                           and

(b)   it considers any submissions made to it before the date specified in the notice and, if its decision is made by the council or a committee, the decision and the reasons for it are recorded in the minutes of the meeting at which the decision was made.

(4)   The details of a proposed disposition that are required by subsection (3)(a)(ii) include — 

(a)   the names of all other parties concerned;

(b)   the consideration to be received by the local government for the disposition; and

(c)   the market value of the disposition as ascertained by a valuation carried out not more than 6 months before the proposed disposition.

(5)   This section does not apply to — 

(a)   a disposition of land under section 29 or 29B of the Public Works Act 1902;

(b)   a disposition of property in the course of carrying on a trading undertaking as defined in section 3.59;

(c)   anything that the local government provides to a particular person, for a fee or otherwise, in the performance of a function that it has under any written law; or

(d)   any other disposition that is excluded by regulations from the application of this section.

               [Section 3.58 amended by No. 49 of 2004 s. 27.]

 

Land Administration Act 1997

 

18.        Various transactions relating to Crown land to be approved by Minister

(1)    A person must not without authorisation under subsection (7) assign, sell, transfer or otherwise deal with interests in Crown land or create or grant an interest in Crown land.

(2)    A person must not without authorisation under subsection (7) —

(a) grant a lease or licence under this Act, or a licence under the Local Government Act 1995, in respect of Crown land in a managed reserve; or

(b) being the holder of such a lease or licence, grant a sublease or sublicense in respect of the whole or any part of that Crown land.

(3)    A person must not without authorisation under subsection (7) mortgage a lease of Crown land.

(4)    A lessee of Crown land must not without authorisation under subsection (7) sell, transfer or otherwise dispose of the lease in whole or in part.

(5)    The Minister may, before giving approval under this section, in writing require —

(a) an applicant for that approval to furnish the Minister with such information concerning the transaction for which that approval is sought as the Minister specifies in that requirement; and

(b) information furnished in compliance with a requirement under paragraph (a) to be verified by statutory declaration.

(6)    An act done in contravention of subsection (1), (2), (3) or (4) is void.

(7)    A person or lessee may make a transaction under subsection (1), (2), (3) or (4) —

(a) with the prior approval in writing of the Minister; or

(b) if the transaction is made in circumstances, and in accordance with any condition, prescribed for the purposes of this paragraph.

(8)    This section does not apply to a transaction relating to an interest in Crown land if —

(a) that land is set aside under, dedicated or vested for the purposes of an Act other than this Act, and the transaction is authorised under that Act;

(b) that interest may be created, granted, transferred or otherwise dealt with under an Act other than —

4.    (i)   this Act; or

5.    (ii)  a prescribed Act;

(c)  an agreement, ratified or approved by another Act, has the effect that consent to the transaction was not required under section 143 of the repealed Act; or

(d) the transaction is a lease, sublease or licence and the approval of the Minister is not required under section 46(3b).

               [Section 18 amended by No. 59 of 2000 s. 8(1)‑(5) 5.]

 

Local Government Act 1995 - Shire of Broome Standing Orders Local Law 2003

 

Part 19 - Common Seal

19.1 The Council’s Common Seal

(2)    The common seal of the Shire may only be used on the authority of the Council given either generally or specifically and every document to which the seal is affixed must be signed by the President and the CEO or a senior employee authorised by him or her.

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

Councils 2017/18 budget allows for income of $18,076.46 (existing rent). It is recommended that the rent for the new lease remains the same as the existing rent as per the market valuation.

 

RISK

 

This transaction in considered low risk as the land has been purposed for car parking and has been used in this capacity for over 20 years, the rent is in-line with market valuation and the tenant is a long standing local business.

 

To refuse the lease would result in the business not being able to operate as accommodation services in a high demand sector of the market.

 

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.

 

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

 

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

 

Affordable and equitable services and infrastructure

 

Affordable land for residential, industrial, commercial and community use

 

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

 

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

 

An organisational culture that strives for service excellence

 

Sustainable and integrated strategic and operational plans

 

Responsible resource allocation

 

Effective community engagement

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(REVISED Report Recommendation)

Moved: Cr C Mitchell                                               Seconded: Cr W Fryer

That Council:  

1.       Advertises the lease disposal of Reserve 34305 in accordance with Section 3.58 (3) and (4) of the Local Government Act 1995.

2.       If no submissions are received, Council authorises:

(a)    The Chief Executive Officer to negotiate the final terms of the new lease with Kimberley Wild Pty Ltd  in line with:

(i)     Consent of the Minister of Lands being obtained.

(ii)    Base rent to commence at $18,077.46.

(iii)   Annual CPI rent increases with a market review at the end of the fixed term.

(iv)   The lessee to reimburse the Shire of Broome for all associated costs of entering into a new lease agreement including but not limited to legal fees, valuation and advertising costs.

(v)    The car park being maintained to Council’s satisfaction.

(vi)   The lessee to maintain the perimeter of the car park including landscaping.

(vii)  The lessee to ensure that all relevant bylaws and regulations (Federal, State or Local Government) are complied with.

(viii) In the event that the property is sold, the lessee is obliged to advise any prospective purchaser that the afore mentioned carpark lease is subject to renegotiation, and change in ownership will require the lease to be assigned in accordance with the lease.

(ix)   Lease will be subject to a resumption clause relating to the Shire having the ability to reclaim the land should they require it for further drainage works or any other purpose.

3.       That Council resolves that the valuation carried out by Opteon Valuers on 16 November 2016 is a true indication of the value at the time of the proposed disposition.

4.       Authorises the Shire President and Chief Executive Officer to engross the lease and other associated documents.

CARRIED UNANIMOUSLY 7/0

 

Attachments

1.

Attachment 1 - Site Plan

2.

Attachment 2 - Lease Request

3.

Attachment 3 - Valuation

  


Item 9.2.6 - LEASE DISPOSAL TO KIMBERLEY WILD EXPEDITIONS PTY LTD PORTION OF RESERVE 34305

 

 

PDF Creator


Item 9.2.6 - LEASE DISPOSAL TO KIMBERLEY WILD EXPEDITIONS PTY LTD PORTION OF RESERVE 34305

 

 

PDF Creator


Item 9.2.6 - LEASE DISPOSAL TO KIMBERLEY WILD EXPEDITIONS PTY LTD PORTION OF RESERVE 34305

 

 

PDF Creator


 

PDF Creator


 

PDF Creator


MinutesOrdinary Meeting of Council 27 July 2017                                                                                    Page 295 of 536

 

 

The Shire President  advised that this item had been withdrawn at the request of the Chief Executive Officer due to the applicant advising that she wished to revise her application.

 

9.2.7      CABLE BEACH SUNSET MARKETS

LOCATION/ADDRESS:                             Lot 2789 Cable Beach Road West, Cable Beach

APPLICANT:                                              Georgie Adeane

FILE:                                                           RES 36477

AUTHOR:                                                   Planning Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    13 July 2017

 

SUMMARY:         This report seeks Council’s consideration of a proposal to undertake a 14 month trial between 1 August 2017 and 1 October 2018 for markets at Cable Beach. The markets will operate on one evening per week from mid-June until mid-September. For the 2017 year, it is proposed that the markets be held between August and September. 

The markets will consist of up to 25 food and beverage stalls/food vans and a pop-up bar. The two options are proposed for the location of the markets.

In considering the proposal, Council is requested to have particular consideration for the following:

1.    Granting a market licence for a 14 month trial; and

2.    The appropriate location of the proposed markets.

It is recommended that Council support the proposed markets as a trial.

 

 

BACKGROUND

 

Previous Considerations

 

Nil.

 

COMMENT

 

Approval is being sought by Georgie Adeane to use a portion of land within the vicinity of Cable Beach to operate weekly markets. Up to 25 food and beverage market stall marquees and vans, including a pop-up bar, is proposed to be set-up in an approved location. The markets will operate on one evening per week between the hours of 4.30pm and 9 pm, from mid-June until mid-September. For the 2017 year, it is proposed that the markets be held between August and September. The applicant will aim for the markets to be plastic free and ecofriendly, consisting of food and beverage vendors and local musicians to create ambience.

 

Attachment 1 indicates proposed Location A, which is for the markets to operate on a confined portion of the beach.  Attachment 2 indicates proposed Location B, which is for the markets to operate at the Cable Beach amphitheatre.

 

Location A – Beach

 

Location A is for the markets to be located on a confined portion of beach adjacent to the grassed area north of Zanders Restaurant. The markets will be located as far east as possible to avoid the risk of rising tides. Should the markets be approved in this location, further investigation is to be undertaken by the applicant to ensure rising tides will not be detrimental to the operation of the markets. The stall holders and food vans will access the beach via the access ramp from the northern Cable Beach car park.

 

If approved at this location, the markets will operate between 4.30pm and 9pm every Saturday from mid-June until mid-September. This section of the beach is free from private bookings on the requested days.

 

Location A is the preferred option as it will bring vibrancy to an area that attracts many to watch the sunset and will be a unique experience for visitors and locals alike.

 

Location B – Amphitheatre

 

Location B is for the markets to operate on a portion of the amphitheatre north of the Sunset Bar. The stalls will run parallel to the rear boundary of the Camp School and will allow customers to purchase their items and enjoy their purchases on the sloped grassed area overlooking the iconic Cable Beach.

 

If approved at this location, the markets will operate between 4.30pm and 9pm, every Wednesday from mid-June until mid-September. The amphitheatre is free from private bookings on the requested days.

 

Other Locations

 

The applicant initially proposed the markets to be located on the grassed area between the Surf Lifesaving Club and Zanders Restaurant. However, given the restricted vehicular access and existing functions booked at the Surf Lifesaving Club, Officers advised the applicant against this location.

 

The applicant, together with Officers, then explored other potential locations within the Cable Beach vicinity to situate the proposed markets. These locations include the northern and the southern car parks at Cable Beach and the reserve east of the existing ablutions facility. These locations were considered unsuitable for varying reasons including vehicular access limitations, restricting the use of car bays or the area not being of a suitable size.

 

To create an iconic and unique market experience, the two proposed locations outlined in this report are considered the most suitable and practical locations, with minimal impact on traffic, parking and existing event bookings.

 

Operation of the Markets

 

The applicant has advised that the onsite manager will arrive at the approved location at 1pm to begin marking out and preparing the site for the markets. Any required infrastructure and additional ablution facilities will arrive on site at 1.30pm and stallholders will arrive from 2.30pm. Trade will commence at 4.30pm and will end at 9pm, with all equipment removed from the site by the stallholders and the manager, and the site being cleaned by 10pm. The applicant has confirmed all stallholders must have an ABN number, temporary food licence, certificate of currency and food registration prior to trading.

 

Colourful, recycled mats will be provided to customers to sit on and stallholders will be encouraged to provide tables and chairs. The onsite manager will also set up lighting and bunting, to assist the local musician in creating ambience.

 

Trading, Outdoor Dining and Street Entertainment Local Law 2016

 

The application has been assessed against the relevant provisions in the Trading, Outdoor Dining and Street Entertainment Local Law 2016 (Local Law) to ensure that all compliance requirements are met and a risk assessment is undertaken. Part 4 of the Local Law details the process and limitations that apply to the granting of a market licence. It should be noted that the issue of a market licence does not give the licensee exclusive possession or use of the approved market area. Notwithstanding, a condition will be included on the approval that the market is to comply with the all relevant local laws.

 

Local Planning Policy 8.30 Exempt Development

 

Table 1 of the Local Planning Policy 8.3 Exempt Development, identifies that development approval is not required for the use of any land that is approved through a licence or permit issued under the local law. The policy also requires that the activity does not involve alterations to the land or the construction of permanent structures. Furthermore, it specifies that the activity must not be exclusive to the site.

 

A market licence is issued under the Local Law and will not provide the licensee with exclusive use of the proposed market site. There will be no alterations to the site nor will any permanent structures be constructed. Therefore, in accordance with Local Planning Policy 8.30 Exempt Development, the markets are considered to be a temporary use and not an exclusive use, and deemed exempt from requiring development approval.

 

Car Parking and Traffic

 

The markets are proposed to operate during an existing busy time of the day at Cable Beach. The existing car parking areas are considered to provide an adequate number of car bays for any additional patrons to Cable Beach during this time. Furthermore, the markets will not result in the reduction of car parking.

 

Cable Beach Development Strategy (2016)

 

The Cable Beach Development Strategy (2016) sets out medium to long term strategic planning objectives for Cable Beach and its surrounds, articulates development control provisions for new land use and development and identifies actions the Shire can take to achieve its stated objectives. With regard to public trading activities, the Strategy states:

 

“Promote Public Trading Activities

The seasonal nature of Broome’s tourism industry is a barrier to encouraging enterprise development in the Precinct. Allowing dedicated areas for mobile public traders, who can activate the area in the peak season and cease or scale back operations in the off-peak season, is one way to address this constraint. A number of locations may be suitable for public traders.”

 

“Kiosk /Mobile Trader on Cable Beach

There is an opportunity for a mobile trader to be established on Cable Beach selling snack food and beverages. Opportunities to serve alcohol in a designated area can also be considered.”

 

The markets will assist in the activation of Cable Beach during the busy tourist season by allowing mobile public traders to operate from an approved dedicated area. The two proposed locations are considered suitable for public traders as they will create an iconic event with a good ambience, whilst having minimal impact on environment, Shire infrastructure and the general public’s use of the area.

 

Draft Events Attraction Strategic Development Plan (2017)

 

At the February 2016 Ordinary Council Meeting, Council endorsed the recommendation of the Economic Development Advisory Committee to explore attracting more events to Broome, including food and wine focussed events. Further to this recommendation, Officers worked with a consultant to identify the types of events that would be best suited to Broome. The draft Events Attraction Strategic Development Plan (draft EASDP) was presented to Councillors at the June 2017 Councillor Workshop/Information Session.

 

In the draft EASDP it was identified that events that are unique to the region would have greater potential to be successful and sustainable. Food markets overlooking Cable Beach would be a unique experience for visitors and locals alike. The draft EASDP also noted that events would be best suited if they meet the needs of the target market of tourists visiting the region being the Grey Explorer, the Dedicated Discoverer and the Aspirational Achievers. Markets would appeal to all of these groups, bringing vibrancy to an area that attracts many to watch the sunset. Furthermore, it will add depth to the visitor experience and has the potential to encourage tourists to extend their stay in the region.

 

Liquor Licensing

 

With respect to the pop-up bar element of the proposal, the applicant is to ensure it complies with liquor licensing requirements set out by the Department of Racing, Gaming and Liquor. The applicant has advised that security will be provided for the pop-up bar. A condition will be included on any approval that appropriate licences are obtained for the selling and consumption of liquor prior to operation.

 

Non-Competition Clauses

 

Council’s Trading in Public Places Policy 4.2.15 restricts trading activity within 300 metres of a permanent business that it would be directly competing with. However, it should be noted the Local Law does not restrict markets trading within a certain distance of a competing business.

 

The previous lease for Zanders Restaurant, which commenced on 1 August 2000, included a covenant that no other tearoom or kiosk or restaurant; or any person, body or group other than the Lessee or assignee or successor to the Lessee, is to commence operations of a tearoom kiosk or restaurant on the Cable Beach Reserve. Nonetheless, this covenant was removed in the most current lease dated 1 September 2012, which is applicable for a term of 21 years.  

 

Conclusion

 

In conclusion, the proposal is supported by the Cable Beach Development Strategy and the draft EASDP, and complies with the Local Law.  Due to the iconic nature of the location and event that would be created, Officer’s recommend that a market licence be granted to Georgie Adeane for Location A.

 

To ensure that appropriate variations can be made to the market licence in relation to the location and day of the markets as the trial progresses, it is recommended that the Chief Executive Officer be authorised to vary the market licence in relation to the location and day of the markets if necessary at any time throughout the 14 month trial.

 

CONSULTATION

 

Consultation is not required under the Local Law.  However, consultation has been undertaken with the Surf Club, Zanders, Cable Beach Club and the Beach Hut who are traders in the vicinity of the two proposed locations.

 

The Surf Club has advised that they have no concerns with the proposed markets, as long as they are not held on the grassed area beside the Surf Club as this is required for the rest of the year for Surf Club events.

 

The Cable Beach Club has advised that it supports the markets being held on the beach, and that this would be “fantastic for the town and really liven up the area”.  However, the Cable Beach Club has concerns in relation to the markets being held in the amphitheatre, as follows:

 

·       loss of restaurant and bar food and beverage revenue;

·       external guests using Sunset Bar bathroom facilities;

·       alcohol control - guests from the Sunset Bar taking drinks off premise;

·       ensuring it is clear that the markets are a separate activity from the Cable Beach Club;

·       amphitheatre not being available to book for events for an extended period of time; and

·       view from the Sunset Bar being obstructed.

 

Apart from the first and possibly the fourth point, all of these matters can and will be managed as a result of how the markets are proposed to be sited and operated.  Portable toilets will be brought in to support the markets and security will be present to manage the consumption of alcohol within the market area.  If the markets are held on the amphitheatre, this will be to the north of the Cable Beach Club site and not obstruct their views of the beach.

 

The Manager of Zanders has indicated that he is not supportive of the proposed markets.  He will speak to the owner of Zanders and provide formal comment via email, but this was not available at the time of writing this report.

 

The Beach Hut have provided verbal support for the proposed markets.  They were asked to provide formal comment in writing, but this was not received at the time of writing this report.

 

STATUTORY ENVIRONMENT

 

Trading, Outdoor Dining and Street Entertainment Local Law (2016)

 

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.

 

POLICY IMPLICATIONS

 

Local Planning Policy 8.30 – Exempt Development

 

FINANCIAL IMPLICATIONS

 

Nil.

 

RISK

 

The risks associated with the holding of the markets in the Cable Beach amphitheatre or on Cable Beach itself will be addressed and mitigated through a risk management plan to be provided by the proponent.  A condition will be included on any approval granted requiring a risk management plan to be submitted to the Shire, to the satisfaction of the Chief Executive Officer, at least 30 days prior to the operation of the first market event. Furthermore, a condition requiring public liability insurance cover to the value of $10,000,000 at all times, will be included on the approval.

 

STRATEGIC IMPLICATIONS  

 

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

 

Accessible and safe community spaces

 

Participation in recreational and leisure activity

 

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

 

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

 

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

 

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

 

Affordable and equitable services and infrastructure

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Grants a market licence to Georgie Adeane in accordance with the Trading, Outdoor Dining and Street Entertainment Local Law 2016 for Location A as shown in Attachment 1 for a trial period of 14 months from 1 August 2017 until 1 October 2018, between the hours of 4.30pm and 9pm, every Saturday from mid-June until mid-September, subject to the following conditions:

(a)     Compliance with all local laws, State and Federal Acts and Regulations related to the Market activity.

(b)     A risk management plan to the satisfaction of the Chief Executive Officer, being           submitted to the Shire thirty days prior to the first markets event being held, and           adhered to thereafter.

(c)     When not travelling on gazetted roads, vehicles must display headlights and           hazard warning lights to increase visibility whilst in motion.

          (d)     Vehicles are to travel the most direct route through the prohibited area and are           to give way to, or maintain a safe distance from members of the public at all      times.

          (e)     Permit holder shall comply with all relevant legislation and Shire local laws.

          (f)      Provision of public liability insurance cover to the value of $10,000,000 ($10 Million) at all times must be held by the applicant and produced to the Shire of      Broome prior to operation.

          (g)     No responsibility will be taken by the Shire to recover bogged or disabled   vehicles and any damages caused by any ‘permit’ vehicles may be       chargeable to the permit holders, depending on circumstances at the time.

          (h)     Ablutions and any additional infrastructure or facilities must be provided as           directed by the Shire.

          (i)      The licence can be cancelled at any time at the discretion of the Chief      Executive Officer, if circumstances warrant.

2.       Authorises the Chief Executive Officer to vary the market licence in relation to the location and day of the markets if necessary at any time throughout the 14 month trial.

 

Attachments

1.

Location A - Beach Layout Plan

2.

Location B - Amphitheatre Layout Plan

  


Item 9.2.7 - CABLE BEACH SUNSET MARKETS

 

 

PDF Creator


Item 9.2.7 - CABLE BEACH SUNSET MARKETS

 

 

PDF Creator

 


 

9.3

 

Our Prosperity

 

clip_image002

 

PRIORITY STATEMENT

 

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

 

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

 

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


MinutesOrdinary Meeting of Council 27 July 2017                                                                                    Page 302 of 536

 

 

9.3.1      SUBMISSION - INQUIRY INTO REGIONAL AIRFARES IN WESTERN AUSTRALIA 

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           TRS03

AUTHOR:                                                   Manager Community and Economic Development

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    17 July 2017

 

SUMMARY:         The Economics and Industry Standing Committee (Committee) is currently calling for submissions to an inquiry into regional airfares in the State.

Shire officers have so far contributed to a joint submission from the West Australian Regional Capitals Alliance (WARCA), and participated in a key stakeholder meeting facilitated by the Broome Chamber of Commerce and Industry in relation to the Inquiry.

It is recommended that Council resolve to make a formal submission to the Committee as part of this Inquiry.

 

 

BACKGROUND

 

Previous Considerations

 

Nil.

 

Background

 

The Economics and Industry Standing Committee (Committee) resolved to inquire into and report on matters relating to airfare prices on regular public transport (RPT) air routes in regional Western Australia. In particular, the Committee will evaluate the:

 

(a)  factors contributing to the current high cost of regional airfares;

(b)  impacts that high-cost regional airfares have on regional centres - from a business, tourism and social perspective;

(c)  impact of State Government regulatory processes on the cost and efficiency of regional air services;

(d)  actions that the State and local government authorities can take to limit increases to airfares without undermining the commercial viability of RPT services;

(e)  actions that airlines can take to limit increases to airfares without undermining the commercial viability of RPT services; and

(f)   recent actions taken by other Australian governments to limit regional RPT airfare increases.

 

The Committee will report to the Legislative Assembly by 28 November 2017, with the deadline for submissions set as 28 July 2017.

 

COMMENT

 

The Shire of Broome (Shire) does not have the ability to directly influence the costs of airfares. However, by making a submission to the current Inquiry the Shire has the opportunity to create awareness of the current challenges and advocate for those with the ability to affect change to address the potential for airfares to have further detrimental effects on the community and economic development in the town.

 

Based on investigations and research conducted by officers, the Shire is best placed to provide a response to point (b) of the Inquiry’s areas of focus:

 

‘impacts that high-cost regional airfares have on regional centres - from a business, tourism and social perspective’

 

It is recommended that Council make the submission outlined in Attachment 1 of this report. The submission contains the following points, and focuses upon the challenges presented by high regional airfares to the current and future community and economic sustainability of Broome:

 

Tourism Impacts:

 

·     Increased cost of travel to Broome.

·     Damages Broome’s ability to compete within the international and domestic travel market.

·     Flow on effects of impact to the tourism sector.

 

Social Impacts:

 

·     Contribution to high cost of living in Broome.

·     Increased isolation from Perth.

·     Limits access to specialist medical, recreation and medical services not available in Broome.

·     Travel often unaffordable for residents throughout peak tourist periods.

 

Business Impacts:

 

·     Increased costs of operating businesses in Broome.

·     Challenges for new or relocating businesses.

·     Additional challenge to economic growth and diversification.

 

The submission expands upon these points, and also calls upon information articulated through the Broome Growth Planning process. The final Growth Plan is yet to be endorsed, but the draft document provides a valuable context for the Shire’s submission.

 

Overall, it is considered important that the Shire articulate the challenges and issues associated with high regional airfares and the impacts on Broome to the Inquiry.  Therefore, it is recommended that Council make the submission as shown in Attachment 1.

 

CONSULTATION

 

Broome Chamber of Commerce and Industry

West Australian Regional Capitals Alliance

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

 

POLICY IMPLICATIONS

 

Nil.

 

FINANCIAL IMPLICATIONS

 

There are no identified financial implications associated with Council presenting a submission to the Inquiry.

 

RISK

 

The following risks have been identified for Council’s consideration. Based on the following analysis it is recommended that Council proceeds with the submission.

 

Risk

Type

Rank

Mitigation

Shire does not make an independent submission to the Inquiry.

Reputational

Medium

Given the impacts of this issue on Broome, and levels of frustration throughout the community, it is recommended that Council makes a submission.

 

The Shire’s submission is not supported by industry or stakeholder bodies.

 

Reputational

Low

Similar themes to those identified by the Shire have emerged in the media and in different regions, and have been reflected in discussions with key stakeholders in Broome.

The Shire’s feedback makes limited impact.

Reputational

Low

The outcomes and recommendations of the inquiry are being guided by the State Government. The Shire is being proactive by participating in the Inquiry.

 

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

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr M Fairborn                                              Seconded: Cr B Rudeforth

That Council:  

1.       Endorses the submission to the Economics and Industry Standing Committee Inquiry into Regional Airfares in Western Australia as shown in Attachment 1.

2.       Requests that the Chief Executive Officer forward the submission to the Economics and Industry Standing Committee.

CARRIED UNANIMOUSLY 7/0

Attachments

1.

Draft Submission - Inquiry into regional airfares in Western Australia

  


Item 9.3.1 - SUBMISSION - INQUIRY INTO REGIONAL AIRFARES IN WESTERN AUSTRALIA  

 

 

 

Your ref:  

                  

 

27 July 2017

 

 

Dr David Worth

Principal Research Officer

Economics and Industry Standing Committee – Legislative Assembly

Parliament House

Level 1, 11 Harvest Terrace

WEST PERTH   WA   6005

 

By email: laeisc@parliament.wa.gov.au

 

 

Dear Dr Worth

 

Inquiry into regional airfares in Western Australia

 

I refer to your letter dated 26 June 2017 inviting the Shire of Broome to provide a written submission to the Economics and Industry Standing Committee’s inquiry into airfare prices on regular public transport air routes in regional Western Australia.

 

In relation to the Inquiry’s matters to be evaluated as outlined in your letter, the Shire is able to provide comment on point (b):

 

impacts that high-cost regional airfares have on regional centres – from a business, tourism and social perspective”.

 

The Shire is aware that high airfares present a significant challenge and have a substantial impact on the Broome community and economic development within the town.  In relation to his matter, the Shire would like to highlight the following impacts on Broome from the high cost of airfares:

 

Business impacts

 

·     Increased costs of operating businesses in the north west, and additional impediments to new businesses.

·     Provides challenges for businesses looking to relocate to a regional area with access to good air services.

·     Limited ability for local businesses and organisations to cost effectively access professional development, training, conferences, meetings etc where travel is required.

·     Contributes to greater isolation with regards to access to staff, customers and services elsewhere.

·     Limits the pool of prospective employees based on cost of living/travel, remoteness and related pay scales/living allowances are required to commensurate.

·     Increases costs of goods and services to the community to reflect business costs.

·     Challenges to current and future economic development -  impacting the ability to establish, strengthen and accelerate trade and social connections across the state, country and abroad.

·     Contributes to stifling stronger productivity performance and economic growth.

 

Tourism impacts

 

·     The high costs of flights do not assist in the promotion of Broome as an affordable or accessible tourist destination.

·     International and interstate travel is often more affordable – making it challenging for the Kimberley tourism sector to compete and providing little encouragement for domestic tourism centred on Broome based on cost alone.

·     Concerns regarding impact on pricing and availability of airfares for tourism/residents where resource companies are utilising a fly in – fly out workforce.

·     The tourism sector employs the most people in Broome. Reductions and impacts on numbers of tourists have a broader economic flow on effect throughout the community.

 

Social (community) impacts

 

·     The cost of living in the north west is increased dramatically by the price of airfares.   

·     The geographical remoteness of Broome in comparison to the remainder of the State is exacerbated by accessibility of flights at affordable prices. 

·     Last minute, unexpected or peak season flights are regularly unaffordable for the majority of residents. Flights during the tourist season (April – October), around public holidays (Christmas, Easter etc) or during school holidays are not accessible for the community.

·     Increased isolation for residents who have distant family or other requirements to travel elsewhere in the state.

·     Prohibitive for residents to access the specialist health, education, commercial and recreational facilities that are not available where they normally reside.

·     Increased costs for residents requiring travel to access medical services outside of Broome – especially where the Patient Assisted Travel Scheme (PATS) does not fully cover costs or is unable to be accessed.

·     Increased costs of boarding school or remote schooling, especially when children return home during school holidays.

 

If you require any further information in relation to this matter, please do not hesitate to contact the Shire’s Manager Community & Economic Development, Mark Davis on (08) 9191 3456 or mark.davis@broome.wa.gov.au.

 

Yours faithfully

 

 

 

Sam Mastrolembo

Chief Executive Officer

 


 

9.4

 

Our Organisation

 

IMG_1865

 

PRIORITY STATEMENT

 

Council will strive to create an environment where local governance is delivered in an open and accountable manner; where we provide leadership to the region in such areas as planning and financial management; where the community has the opportunity to contribute to the Council’s decision making thereby fostering ownership of strategies and initiatives.

 

In delivering open, accountable and inclusive governance, we will be ever mindful that we operate within a highly regulated environment that requires a high level of compliance.

 

Council will strive to be the conduit between the other spheres of government and the community, translating State and Federal law, policy and practice into customer focussed, on ground service delivery that support’s Broome’s unique lifestyle.

 

The Region is experiencing significant change with Council dedicated to sound governance, effective leadership and innovation, and high quality services.  Building organisational capacity is a priority with a commitment to delivering services to the community in a sustainable, effective and accountable way.


MinutesOrdinary Meeting of Council 27 July 2017                                                                                    Page 308 of 536

 

 

9.4.1      MONTHLY PAYMENT LISTING - JUNE 2017

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 July 2017

 

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 June 2017.

 

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 June 2017.

 

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:

1.   Receives the list of payments made from the Municipal and Trust Accounts in June 2017 totalling $4,283,093.67 (Attachment 1) in accordance with the requirements of the Regulation 12 of the Local Government (Financial Management) Regulations 1996 covering:

·   EFT Vouchers 40768 – 41319, 41363 - 41364 totalling $3,763,732.90;

·   Municipal Cheque Vouchers 57461-57470 totalling $64,134.17;

·   Trust Cheque Voucher 3434 - 3435 totalling $2,205.49; and

·   Credit Card Payments & Municipal Direct Debits DD22523.2 – DD22715.4 totalling $453,021.11

CARRIED UNANIMOUSLY 7/0

 

Attachments

1.

Payment listing June 2017

  


Item 9.4.1 - MONTHLY PAYMENT LISTING - JUNE 2017

 

 

 

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 - JUNE 2017

 

MUNICIPAL ELECTRONIC TRANSFER - JUNE 2017

 

EFT

 Date

 Name

 Description

 Amount

Del Auth

EFT40768

01/06/2017

ALLIED PICKFORDS

Relocation costs- HR

1,075.47

MFS

EFT40769

01/06/2017

AMO CONTRACTING

Footpath construction(CON13/08)- Broome North

98,664.50

MFS

EFT40770

01/06/2017

ANDREW BLACK LANDSCAPES

Landscaping & reticulation repairs- Shire Staff housing

1,466.00

MFS

EFT40771

01/06/2017

AUSQ TRAINING

Staff training- HR

1,490.00

MFS

EFT40772

01/06/2017

AUSTRALIAN SIKH HERITAGE ASSOC. INC

Contribution to community events- Community Development

500.00

MFS

EFT40773

01/06/2017

BERTA BRUNET FABREGUES

Reimbursement/Study assistance- HR

425.86

MFS

EFT40774

01/06/2017

BEST KIMBERLEY COMPUTING

Fuji Xerox (RFQ17-17)- IT

7,994.80

MFS

EFT40775

01/06/2017

BP BROOME CENTRAL

Unleaded fuel- Depot

305.80

MFS

EFT40776

01/06/2017

BRAINTREE COMM. P/L

EFTPOS service- Waste Management Facility

61.97

MFS

EFT40777

01/06/2017

BRIDGESTONE AUSTRALIA LTD

Tyres- Workshop

2,375.52

MFS

EFT40778

01/06/2017

BROOME BETTA HOME LIVING

Replacement dishwasher- Administration Office

574.00

MFS

EFT40779

01/06/2017

BROOME  NORTH REGIONAL TAFE

Organisational training- HR

953.54

MFS

EFT40780

01/06/2017

BROOME SCOOTERS P/L

Brush cutter repairs- Depot

55.00

MFS

EFT40781

01/06/2017

BROOME SENIOR HIGH SCHOOL

Bus hire-Midnight Basketball Tournament

400.00

MFS

EFT40782

01/06/2017

BROOMECRETE

Material for surface repair- Male Oval

4,163.72

MFS

EFT40783

01/06/2017

BUDGET CAR & TRUCK RENTAL

Car hire- Shire Staff

246.65

MFS

EFT40784

01/06/2017

COATES HIRE OPERATIONS P/L

Portable toilet hire- Work for the dole program

378.91

MFS

EFT40785

01/06/2017

CUTTING EDGES REPLACEMENT PARTS P/L

Vehicle maintenance, repairs & parts- Depot

2,516.68

MFS

EFT40786

01/06/2017

DEPARTMENT OF AGRICULTURE & FOOD WA

Quarantine check- Nursery

63.00

MFS

EFT40787

01/06/2017

DEPARTMENT OF TRANSPORT

Vehicle search fees- Rangers

59.40

MFS

EFT40788

01/06/2017

FIELD AIR CON & AUTO ELECTRICAL P/L

Vehicle repairs- Workshop

1,162.45

MFS

EFT40789

01/06/2017

HART SPORT

Dodgeball for school holiday program- BRAC

158.30

MFS

EFT40790

01/06/2017

HARVEY NORMAN  BROOME

55 Smart UHD TV- IT"

1,995.00

MFS

EFT40791

01/06/2017

HEAD OFFICE LANDGATE

Maps- Rangers

136.00

MFS

EFT40792

01/06/2017

JEREMY THOMAS MACMATH

Reimbursement of office setup expense- Chinatown Project HQ

268.06

MFS

EFT40793

01/06/2017

KGT Employment

Apprentice wages- Workshop

1,840.53

MFS

EFT40794

01/06/2017

KIMBERLEY BROOME PEST CONTROL

Pest Control - BRAC

110.00

MFS

EFT40795

01/06/2017

KIMBERLEY FUEL & OIL SERVICES

Oils & lubricants- Depot & Waste Management Facility

6,757.18

MFS

EFT40796

01/06/2017

KIMBERLEY LINEMARKING

Line marking (Sole supplier)- Various Shire sites

32,037.50

MFS

EFT40797

01/06/2017

KIMBERLEY WASHROOM SERVICES

Sanitary removal services- Various Shire sites

820.00

MFS

EFT40798

01/06/2017

LAIRD TRAN STUDIO

Concept fee design proposal- KRO

599.50

MFS

EFT40799

01/06/2017

LIFE WITHOUT BARRIERS

Rates refund due to overpayment for assessment A303542

3,798.83

MFS

EFT40800

01/06/2017

LIVING HANDS (SUSIE QUICKE)

Yoga & meditation sessions- HR

750.00

MFS

EFT40801

01/06/2017

MAJOR MOTORS P/L

Vehicle parts- Workshop

206.78

MFS

EFT40802

01/06/2017

MCKENO BLOCKS & PAVERS

Rates refund due to overpayment for assessment A306429

1,444.10

MFS

EFT40803

01/06/2017

MELBOURNE INTERNATIONAL COMEDY FESTIVAL

Performance fees- Civic Centre

3,740.00

MFS

EFT40804

01/06/2017

MERCURE HOTEL - PERTH

Shire President accommodation- Office of the CEO

415.00

MFS

EFT40805

01/06/2017

MOORE STEPHENS (WA) P/L

Audit fee 16/17- Finance

14,625.28

MFS

EFT40806

01/06/2017

NEVERFAIL SPRINGWATER LTD

Drinking water- Depot

103.75

MFS

EFT40807

01/06/2017

NORTHWEST SHEDMASTERS

Roller door replacement motor- BRAC

2,343.00

MFS

EFT40808

01/06/2017

NYAMBA BURU YAWURU LTD

Rates refund due to overpayment for assessment A306432

504.88

MFS

EFT40809

01/06/2017

LINKSPLUS

12 month subscription- Library

181.50

MFS

EFT40810

01/06/2017

PORT HEDLAND MEDICAL CENTRE

Recruitment costs- HR

286.00

MFS

EFT40811

01/06/2017

RALPH BEATTIE BOSWORTH P/L

Consulting fees (RFQ 15/54)- BRAC Aquatic Upgrade

13,200.00

MFS

EFT40812

01/06/2017

REGAL TRANSPORT

Freight- Workshop

141.20

MFS

EFT40813

01/06/2017

ROEBUCK BAY HOTEL

Bar stock- Civic Centre

1,079.63

MFS

EFT40814

01/06/2017

RUNWAY BAR & RESTAURANT

Catering for Midnight Basketball & YAC meeting- Community Development

800.00

MFS

EFT40815

01/06/2017

SEAT ADVISOR P/L

Ticket sale commission (April 2017)- Civic Centre

165.50

MFS

EFT40816

01/06/2017

SECURITY & TECHNOLOGY SERVICES

Replacement alarm system- Depot

4,086.57

MFS

EFT40817

01/06/2017

SLATER & GARTRELL SPORTS

Equipment- BRAC

363.00

MFS

EFT40818

01/06/2017

SPORTSPOWER BROOME

Squash balls- BRAC

84.00

MFS

EFT40819

01/06/2017

STRATCO WA P/L

Fencing materials- Depot

121.30

MFS

EFT40820

01/06/2017

SURF LIFE SAVING WA

Lifeguard Services (RFT16-03)- Cable Beach

36,073.22

MFS

EFT40821

01/06/2017

T - QUIP

Vehicle parts- Workshop

288.30

MFS

EFT40822

01/06/2017

TAPPED PLUMBING & GAS P/L

Plumbing works- Various Shire sites

2,706.83

MFS

EFT40823

01/06/2017

THE WORKWEAR GROUP  (NNT)

Staff uniforms- HR

953.81

MFS

EFT40824

01/06/2017

UDLA

Stormwater modelling investigation- Cable Beach Foreshore Masterplan

1,320.00

MFS

EFT40825

01/06/2017

VANDERFIELD P/L

Vehicle parts- Workshop

1,722.23

MFS

EFT40826

01/06/2017

WATERCHOICE (AUST) P/L

Water filtration system- KRO

130.00

MFS

EFT40827

01/06/2017

WEST AUSTRALIAN NEWSPAPERS

Advertising- Media & Civic Centre

4,232.36

MFS

EFT40828

01/06/2017

WEST COAST ON HOLD

Messages on hold- Media

69.00

MFS

EFT40829

01/06/2017

WOOLWORTHS LIMITED

Consumables- Cape Leveque Rd

230.74

MFS

EFT40830

01/06/2017

360 ENVIRONMENTAL P/L

Fauna survey- Crab Creek Rd

6,820.00

MFS

EFT40831

01/06/2017

AVANTGARDE TECHNOLOGIES

Dell Poweredge server (RFQ17-26)- IT

12,868.01

MFS

EFT40832

01/06/2017

BOB'S WORKSHOP

Remove gas cylinders from wrecks- Waste Management Facility

632.50

MFS

EFT40833

01/06/2017

BROOME DOCTORS PRACTICE P/L

Recruitment expenses- HR

424.00

MFS

EFT40834

01/06/2017

BROOME FIRST NATIONAL REAL ESTATE

Staff rent & bond

3,582.66

MFS

EFT40835

01/06/2017

BROOME FREIGHTLINES

Freight for chemicals- Waste management facility

1,481.28

MFS

EFT40836

01/06/2017

CLEANAWAY

General sanitation- Waste Management Facility

475.75

MFS

EFT40837

01/06/2017

CT MECHANICAL & SERVICES

Vehicle & plant servicing & maintenance- Waste Management Facility

1,980.00

MFS

EFT40838

01/06/2017

FOOTPRINT CLEANING

Cleaning services (CON17/02)- Various Shire sites

40,025.80

MFS

EFT40839

01/06/2017

G. BISHOPS TRANSPORT SERVICES P/L

Freight- Depot & Workshop

465.84

MFS

EFT40840

01/06/2017

HORIZON POWER

Electricity charges

2,005.76

MFS

EFT40841

01/06/2017

NORTH WEST COAST SECURITY

Security services- Various Shire sites

7,443.16

MFS

EFT40842

01/06/2017

NORTHERN LANDSCAPES WA

Water main installation (RFQ17-21)- Waste Management Facility

34,958.00

MFS

EFT40843

01/06/2017

PINDAN LABOUR SOLUTIONS P/L

Temporary Shire Staff- Various Shire sites

17,405.08

MFS

EFT40844

01/06/2017

TALIS CONSULTANTS

RRRP Project Plan (RFQ15-37- New Refuse site)- WMF

8,445.25

MFS

EFT40845

01/06/2017

TNT EXPRESS

Freight- Health & Workshop

272.97

MFS

EFT40846

02/06/2017

AVERY AIRCONDITIONING P/L

Air conditioning parts & maintenance- Various Shire sites

7,316.55

MFS

EFT40847

02/06/2017

BROOME VETERINARY HOSPITAL

Provision of boarding, veterinary & euthanasia- Rangers

3,075.50

MFS

EFT40848

02/06/2017

FOOTPRINT CLEANING

Cleaning- KRO

363.00

MFS

EFT40849

02/06/2017

IT VISION

Rates services & CPM upgrade- Rates & IT

5,507.70

MFS

EFT40850

02/06/2017

NORTHERN LANDSCAPES WA

Building maintenance- Property

1,936.00

MFS

EFT40851

02/06/2017

SECUREX SECURITY P/L

General maintenance- Library

517.00

MFS

EFT40852

02/06/2017

STAR DESIGN & DRAFTING

Drafting Service - Property

440.00

MFS

EFT40853

02/06/2017

TOLL IPEC P/L

Freight- Library supplies

48.81

MFS

EFT40854

02/06/2017

TOXFREE

Waste removal services (RFT14-01)- WMF

82,190.82

MFS

EFT40855

07/06/2017

ALEXANDER MACKENZIE

T3141- Staff bond refund

2,160.00

MFS

EFT40856

07/06/2017

GARNDUWA AMBOORNY WIRNAN ABORIGINAL CORP

T3392- Bond refund Civic Centre

200.00

MFS

EFT40857

07/06/2017

SHIRE OF BROOME

T3392- Bond refund Civic Centre

257.00

MFS

EFT40858

07/06/2017

SHIRE OF BROOME

BCITF commission- May 2017

49.50

MFS

EFT40859

07/06/2017

BUILDING COMMISSION - INC BCITF

BRB levy- May 2017

2,267.77

MFS

EFT40860

07/06/2017

SHIRE OF BROOME

BRB commission- May 2017

90.00

MFS

EFT40861

07/06/2017

ADVANCED ELECTRICAL EQUIPMENT P/L

Keys & lock - BRAC

61.05

MFS

EFT40862

07/06/2017

AUSQ TRAINING

Training expenses for Engineering - HR

556.00

MFS

EFT40863

07/06/2017

AUSTRALIAN CULTURAL HERITAGE MANAGEMENT (VIC) P/L

Cultural and Heritage Investigations(RFQ16/17)- Town Beach Revetment

1,386.00

MFS

EFT40864

07/06/2017

AVERY AIRCONDITIONING P/L

Air conditioning repairs- Civic Centre & Administration office

698.61

MFS

EFT40865

07/06/2017

BJ DAVIES PLUMBING

Plumbing works- P&G

5,365.80

MFS

EFT40866

07/06/2017

BOAB DESIGN

Building maintenance – BRAC

665.50

MFS

EFT40867

07/06/2017

BRIDGESTONE AUSTRALIA LTD

Tyres & wheel alignments- Waste Management Facility & Workshop

1,270.02

MFS

EFT40868

07/06/2017

BROOME AUSKICK

Kidsport applications- Club Development

2,145.00

MFS

EFT40869

07/06/2017

BROOME BETTA HOME LIVING

Washing machine- Shire staff housing

574.00

MFS

EFT40870

07/06/2017

BROOME BOAT SHOP

Materials- Waste Management Facility

409.70

MFS

EFT40871

07/06/2017

BROOME BUILDERS P/L

Building maintenance- Roebuck Bay Caravan Park

2,178.00

MFS

EFT40872

07/06/2017

BROOME NETBALL ASSOCIATION

Kidsport applications- Club Development

7,451.50

MFS

EFT40873

07/06/2017

BROOME SCOOTERS P/L

Tools, equipment, parts & repairs- Parks & Gardens

809.00

MFS

EFT40874

07/06/2017

BROOME SMALL MAINTENANCE SERVICES

Building maintenance- Library

212.00

MFS

EFT40875

07/06/2017

BROOME SOCCER ASSOCIATION

Community sponsorship as per OMC 27.04.17

2,000.00

MFS

EFT40876

07/06/2017

CABLE BEACH ELECTRICAL SERVICE

Electrical works- Various Shire sites

1,276.00

MFS

EFT40877

07/06/2017

CITY OF SWAN

GIS services- IT

11,094.65

MFS

EFT40878

07/06/2017

COUNTRY ARTS WA INC

Presenters fees (Kookoo Kookaburra)- Civic Centre

2,304.50

MFS

EFT40879

07/06/2017

CT MECHANICAL & SERVICES

Vehicle parts & maintenance- WMF

1,584.00

MFS

EFT40880

08/06/2017

DEPT OF THE PREMIER & CABINET

Government Gazette Advertising- Health

72.00

MFS

EFT40881

08/06/2017

EDUCATIONAL EXPERIENCE

Stationary- BRAC school holiday program

108.79

MFS

EFT40882

08/06/2017

ELGAS LTD

Forklift LPG- Depot

57.70

MFS

EFT40883

08/06/2017

ENVIRONS KIMBERLEY

Community sponsorship as per OMC 27.04.17

550.00

MFS

EFT40884

08/06/2017

EZESCAN

Annual Software Maintenance Renewal- IT

2,494.80

MFS

EFT40885

08/06/2017

FIXIT BROOME

Installation of basketball infrastructure & building maintenance- Various Shire sites

3,439.30

MFS

EFT40886

08/06/2017

G & V ROBERTS P/L

Freight- Depot

88.00

MFS

EFT40887

08/06/2017

HERBERT SMITH FREEHILLS

Legal expenses- Matter No: 82646467

1,465.17

MFS

EFT40888

08/06/2017

HORIZON POWER

Electricity charges

13,147.90

MFS

EFT40889

08/06/2017

IGA - SEAVIEW

Daily newspaper- Library & Media

170.80

MFS

EFT40890

08/06/2017

KGT Employment

Apprentice wages- Workshop

1,250.17

MFS

EFT40891

08/06/2017

KIMBERLEY DISTRIBUTORS

Kiosk stock- BRAC

524.43

MFS

EFT40892

08/06/2017

KIMBERLEY FUEL & OIL SERVICES

Vehicle lubricants- Waste Management Facility

924.00

MFS

EFT40893

08/06/2017

KIMBERLEY STOLEN GENERATION ABORIGINAL CORP

Community sponsorship as per OMC 27.04.17

5,500.00

MFS

EFT40894

08/06/2017

KIMBERLEY STRUCTURAL CONSULTING ENGINEERS

Oval lighting- Haynes Oval

792.00

MFS

EFT40895

08/06/2017

KOMATSU AUSTRALIA P/L

Vehicle parts- Waste Management Facility

2,083.20

MFS

EFT40896

08/06/2017

M KELLY AIRCONDITIONING

Ice machine maintenance- Depot

605.99

MFS

EFT40897

08/06/2017

MCLEODS BARRISTERS & SOLICITORS

Legal advice- Development Services

1,286.72

MFS

EFT40898

08/06/2017

METER OFFICE PRODUCTS

BRAC 2 Beach Fun Run consumables- BRAC

191.40

MFS

EFT40899

08/06/2017

MOORE STEPHENS (WA) P/L

Financial reporting- Audit costs - Financial Services

550.00

MFS

EFT40900

08/06/2017

NYAMBA BURU YAWURU LTD

Water charges- Palmer Rd Park

1,072.72

MFS

EFT40901

08/06/2017

SALLY CHRISTINA WINTERIDGE

Rates refund due to overpayment for assessment A102020

1,125.35

MFS

EFT40902

08/06/2017

BIG ISSUE IN AUSTRALIA LTD

Magazine subscription fee- Library

155.00

MFS

EFT40903

08/06/2017

BROOME FIRST NATIONAL REAL ESTATE

Staff rent & bond

2,714.28

MFS

EFT40904

08/06/2017

BROOME PROGRESSIVE SUPPLIES

Litter control & kiosk stock- Depot & BRAC

1,915.81

MFS

EFT40905

08/06/2017

CDP

Kiosk stock- BRAC

229.02

MFS

EFT40906

08/06/2017

NATIVE ANIMAL RESCUE - BROOME

Community sponsorship as per OMC 27.04.17

8,800.00

MFS

EFT40907

08/06/2017

NIGEL LLEWELLYN CLARKE

Rates refund due to overpayment for assessment A101031

1,455.47

MFS

EFT40908

08/06/2017

NORTH WEST COAST SECURITY

Security services- Civic Centre

264.00

MFS

EFT40909

08/06/2017

NORTH WEST LOCKSMITHS

Padlock (New Caravan Dumping Point)- Waste Management Facility

71.00

MFS

EFT40910

08/06/2017

NORTHERN LANDSCAPES WA

Vandalism repairs- Waste Management Facility

2,156.00

MFS

EFT40911

08/06/2017

PEARL COAST GYMNASTICS CLUB INC

Kidsport applications- Club Development

277.20

MFS

EFT40912

08/06/2017

PINDAN LABOUR SOLUTIONS P/L

Temporary Shire Staff- Various Shire sites

8,356.72

MFS

EFT40913

08/06/2017

PMK WELDING & METAL FABRICATION

Vehicle Parts- Workshop

401.50

MFS

EFT40914

08/06/2017

SALMON BUCKETS & ATTACHMENTS P/L

Equipment maintenance- Waste Management Facility

1,430.00

MFS

EFT40915

08/06/2017

SARAH DOBSON

Reimbursement of expenses- Civic Centre

358.10

MFS

EFT40916

08/06/2017

SITE ENVIRONMENTAL & REMEDIATION SERVICES P/L

Groundwater sampling & analysis (RFQ16-99)- WMF

5,016.00

MFS

EFT40917

08/06/2017

STREETER & MALE P/L

Materials & consumables- BRAC

91.36

MFS

EFT40918

08/06/2017

TALIS CONSULTANTS

Consultancy Services (RFQ15-37)- RRRP

27,732.10

MFS

EFT40919

08/06/2017

TELSTRA

Phone charges

323.45

MFS

EFT40920

08/06/2017

THE KIMBERLEY GRANDE

Accommodation to attend Kimberley Zone Meeting- Office of the CEO

615.00

MFS

EFT40921

08/06/2017

THE WORKWEAR GROUP  (NNT)

Staff uniforms- HR

889.80

MFS

EFT40922

08/06/2017

TRADELINK PLUMBING SUPPLIES

Materials- New Caravan Dumping Point & Parks & Gardens

62.76

MFS

EFT40923

08/06/2017

UDLA

Landscape architectural consultancy (RFQ17/02)- Youth Precinct

16,060.00

MFS

EFT40924

08/06/2017

SALARY & WAGES

Payroll S & W

225.00

MFS

EFT40925

08/06/2017

ATO

PAYG

103,881.68

MFS

EFT40926

08/06/2017

SALARY & WAGES

Payroll S & W

380.00

MFS

EFT40927

08/06/2017

SALARY & WAGES

Payroll S & W

750.00

MFS

EFT40928

08/06/2017

SALARY & WAGES

Payroll S & W

550.00

MFS

EFT40929

08/06/2017

SALARY & WAGES

Payroll S & W

500.00

MFS

EFT40930

08/06/2017

SALARY & WAGES

Payroll S & W

248.65

MFS

EFT40931

08/06/2017

SALARY & WAGES

Payroll S & W

373.90

MFS

EFT40932

08/06/2017

SALARY & WAGES

Payroll S & W

667.21

MFS

EFT40933

08/06/2017

SALARY & WAGES

Payroll S & W

420.00

MFS

EFT40934

08/06/2017

SALARY & WAGES

Payroll S & W

578.17

MFS

EFT40935

08/06/2017

SALARY & WAGES

Payroll S & W

540.18

MFS

EFT40936

08/06/2017

SALARY & WAGES

Payroll S & W

790.33

MFS

EFT40937

08/06/2017

SALARY & WAGES

Payroll S & W

410.00

MFS

EFT40938

08/06/2017

SALARY & WAGES

Payroll S & W

250.00

MFS

EFT40939

08/06/2017

SALARY & WAGES

Payroll S & W

372.90

MFS

EFT40940

08/06/2017

SALARY & WAGES

Payroll S & W

340.00

MFS

EFT40941

08/06/2017

SALARY & WAGES

Payroll S & W

259.27

MFS

EFT40942

08/06/2017

SALARY & WAGES

Payroll S & W

1,609.76

MFS

EFT40943

08/06/2017

SALARY & WAGES

Payroll S & W

108.09

MFS

EFT40944

08/06/2017

SALARY & WAGES

Payroll S & W

300.00

MFS

EFT40945

08/06/2017

SALARY & WAGES

Payroll S & W

662.65

MFS

EFT40946

08/06/2017

SALARY & WAGES

Payroll S & W

919.05

MFS

EFT40947

08/06/2017

SALARY & WAGES

Payroll S & W

520.00

MFS

EFT40948

08/06/2017

SALARY & WAGES

Payroll S & W

540.00

MFS

EFT40949

08/06/2017

SALARY & WAGES

Payroll S & W

1,177.26

MFS

EFT40950

08/06/2017

SALARY & WAGES

Payroll S & W

19.40

MFS

EFT40952

08/06/2017

SHIRE OF BROOME

T3262- Bond refund Civic Centre

1,530.00

MFS

EFT40953

12/06/2017

SALARY & WAGES

Payroll S & W

306,037.00

MFS

EFT40954

08/06/2017

SALARY & WAGES

Payroll S & W

1,829.87

MFS

EFT40955

15/06/2017

CIRCUS ROYALE

T3380- Bond refund

740.00

MFS

EFT40956

15/06/2017

SHIRE OF BROOME

T3380- Bond refund

6,414.40

MFS

EFT40957

15/06/2017

12D SOLUTIONS P/L

12D model upgrade- Infrastructure

5,775.00

MFS

EFT40958

15/06/2017

AUSTRALIAN RED CROSS - BROOME

Community sponsorship as per OMC 27.04.17

3,300.00

MFS

EFT40959

15/06/2017

AVERY AIRCONDITIONING P/L

Air conditioning maintenance & repairs- Various Shire sites

5,532.45

MFS

EFT40960

15/06/2017

BAILEY WATER

Pump maintenance- Town Beach Water Park

136.24

MFS

EFT40961

15/06/2017

BP AUSTRALIA P/L

Diesel- Depot

38,314.02

MFS

EFT40962

15/06/2017

BROOME AUTO EXCELLENCE

Vehicle maintenance- Depot

5,769.50

MFS

EFT40963

15/06/2017

BROOME CHAMBER OF COMMERCE

Organisational training- HR

80.00

MFS

EFT40964

15/06/2017

BROOME PLUMBING & GAS

Plumbing works- Various Shire sites

2,367.00

MFS

EFT40965

15/06/2017

BROOME SMALL MAINTENANCE SERVICES

Building Maintenance- Administration Office & Civic Centre

852.00

MFS

EFT40966

15/06/2017

BROOME TOWING & SALVAGE

Abandoned vehicle towing- Rangers

176.00

MFS

EFT40967

15/06/2017

BROOMECRETE

Materials- Various Shire sites

4,654.10

MFS

EFT40968

15/06/2017

CARPET PAINT & TILE CENTRE

Consumables- Chinatown Revitalisation Project

246.51

MFS

EFT40969

15/06/2017

CENTURION TRANSPORT

Freight- Library

73.49

MFS

EFT40970

15/06/2017

CT MECHANICAL & SERVICES

Vehicle parts & maintenance- WMF

2,838.00

MFS

EFT40971

15/06/2017

DATA#3 LIMITED

MS Office 365 transition- IT

2,310.00

MFS

EFT40972

15/06/2017

DC DATA COMMS

New intercom setup (RFQ16-59)- Waste Management Facility

1,717.00

MFS

EFT40973

15/06/2017

DEPT OF THE PREMIER & CABINET

Government Gazette Advertising- Health

172.80

MFS

EFT40974

15/06/2017

DORMA  AUTOMATICS P/L

Maintenance- Administration, Broome Visitor Centre & BRAC

1,560.46

MFS

EFT40975

15/06/2017

FIRE & SAFETY SERVICES

Fire equipment monthly testing (RFQ 14-51)- Civic Centre

581.18

MFS

EFT40976

15/06/2017

FIXIT BROOME

Building maintenance- Gantheaume Point Toilet & KRO2

4,005.32

MFS

EFT40977

15/06/2017

G. BISHOPS TRANSPORT SERVICES P/L

Street signs freight- Depot

99.51

MFS

EFT40978

15/06/2017

HORIZON POWER

Electricity charges

2,232.29

MFS

EFT40979

15/06/2017

JAYCAR ELECTRONICS

Project Electronics- BRAC School Holiday Program

271.35

MFS

EFT40980

15/06/2017

KEVIN BRADLEY KELLY

Rates refund due to overpayment for assessment A120392

899.50

MFS

EFT40981

15/06/2017

KIMBERLEY FUEL & OIL SERVICES

Engine oil- Waste Management Facility

462.00

MFS

EFT40982

15/06/2017

LER CONSULTANTS

Consultant fees- Engineering

759.00

MFS

EFT40983

15/06/2017

LANDMARK OPERATIONS LTD

Fertiliser- Depot

6,975.10

MFS

EFT40984

15/06/2017

LEADING EDGE COMPUTERS

Equipment and supplies- IT

179.00

MFS

EFT40985

15/06/2017

LGIS WA

Review of evacuation plans- HR

286.00

MFS

EFT40986

15/06/2017

LILY GERMINARIO

Netball umpiring expenses- BRAC

162.00

MFS

EFT40987

15/06/2017

MARKETFORCE

Advertising- Rates & Community Development

778.88

MFS

EFT40988

15/06/2017

MCINTOSH & SON

Vehicle parts- Workshop

1,046.09

MFS

EFT40989

15/06/2017

METRIX CONSULTING P/L

Consultancy fees(RFQ16-84)- Economic Services

27,269.00

MFS

EFT40990

15/06/2017

METRO COUNT

Consumables- Engineering

1,367.30

MFS

EFT40991

15/06/2017

NEVERFAIL SPRINGWATER LTD

Drinking water- Depot

90.65

MFS

EFT40992

15/06/2017

NIRRUMBUK ABORIGINAL CORPORATION

Community sponsorship as per OMC 27.04.17

1,100.00

MFS

EFT40993

15/06/2017

NORTH WEST COAST SECURITY

Security services- Midnight Basketball

528.00

MFS

EFT40994

15/06/2017

NORTH WEST LOCKSMITHS

Keys cut for field lighting- BRAC

90.00

MFS

EFT40995

15/06/2017

NORTHWEST HYDRO SOLUTIONS

Materials- Depot

12.19

MFS

EFT40996

15/06/2017

OHURA CONSULTING

Position classification & review- HR

88.00

MFS

EFT40997

15/06/2017

PAVELINE INT. P/L

Vehicle parts- Depot

979.00

MFS

EFT40998

15/06/2017

PEARL COAST INDUSTRIAL RAGS

Consumables- Depot

219.50

MFS

EFT40999

15/06/2017

PENTAIR WATER AUSTRALIA P/L

Reticulation repair- Depot

528.00

MFS

EFT41000

15/06/2017

PINDAN LABOUR SOLUTIONS P/L

Temporary Shire Staff- Various Shire sites

10,361.12

MFS

EFT41001

15/06/2017

PRD NATIONWIDE

Rates refund due to overpayment for assessment A120811

828.71

MFS

EFT41002

15/06/2017

PRINTING IDEAS

Plant & shrub labels- P&G

707.74

MFS

EFT41003

15/06/2017

RUNWAY BAR & RESTAURANT

Catering for OMC 25/05/2017- Office of the CEO

360.00

MFS

EFT41004

15/06/2017

SECUREX SECURITY P/L

Staff security cards- HR

60.00

MFS

EFT41005

15/06/2017

SECURITY & TECHNOLOGY SERVICES

IT repairs & relocate TV- Waste Management Facility & BRAC

3,518.65

MFS

EFT41006

15/06/2017

STOTT & HOARE BUSINESS COMPUTERS

Toners- IT

448.80

MFS

EFT41007

15/06/2017

TALIS CONSULTANTS

Site investigations (RFQ17-36) & Fauna survey (RFQ15-37)- Waste Management Facility

54,296.34

MFS

EFT41008

15/06/2017

TASK EXCHANGE P/L

License maintenance & support- IT

9,178.40

MFS

EFT41009

15/06/2017

TELSTRA

Phone charges

848.28

MFS

EFT41010

15/06/2017

THE LOCKUP

Catering- Chinatown Project HQ Launch

1,320.00

MFS

EFT41011

15/06/2017

THE WORKWEAR GROUP  (NNT)

Staff uniform- HR

810.08

MFS

EFT41012

15/06/2017

THEATRE KIMBERLEY INC

Reimbursement of registration fees- BRAC

270.00

MFS

EFT41013

15/06/2017

TRADELINK PLUMBING SUPPLIES

Materials- New Caravan Dumping Point

25.77

MFS

EFT41014

15/06/2017

TROPPO SOUND

Lighting- Civic Centre

1,650.00

MFS

EFT41015

15/06/2017

WA HINO

Vehicle parts- Waste Management Facility

79.56

MFS

EFT41016

15/06/2017

WEST KIMBERLEY BUILDING SERVICES P/L

Building renewal- BRAC

2,656.50

MFS

EFT41017

15/06/2017

WESTRAC

Vehicle parts- Workshop

797.15

MFS

EFT41018

16/06/2017

MONICA SULLIVAN

T3158- Bond refund

2,663.73

MFS

EFT41019

16/06/2017

SHIRE OF BROOME

T3158- Bond refund

79.32

MFS

EFT41020

16/06/2017

BRADLEY GEOFFREY EDWARDS

Rates refund due to overpayment for assessment A120236

521.65

MFS

EFT41021

16/06/2017

BROOME FIRST NATIONAL REAL ESTATE

Rates refund due to overpayment for assessment A101070

1,318.65

MFS

EFT41022

16/06/2017

BROOME JUNIOR & SENIOR MOTOCROSS CLUB

Community sponsorship as per OMC 27.04.17

3,000.00

MFS

EFT41023

16/06/2017

CITY OF KALGOORLIE - BOULDER

Insurance- Governance

11,000.00

MFS

EFT41024

16/06/2017

COCA COLA AMATIL (HOLDINGS) LTD

Kiosk stock- BRAC

2,991.35

MFS

EFT41025

16/06/2017

DEPARTMENT OF LOCAL GOVERNMENT & COMMUNITIES

Service annual fee- BRAC school holiday program

301.00

MFS

EFT41026

21/06/2017

12 MILE SHADE & CANVAS

Equipment maintenance & repairs- Depot & BRAC

536.25

MFS

EFT41027

21/06/2017

AIR LIQUIDE

Gas bottle rental- Workshop

24.84

MFS

EFT41028

21/06/2017

ALL VALVE INDUSTRIES P/L

Reticulation parts- P&G

786.07

MFS

EFT41029

21/06/2017

BAILEY WATER

Reticulation repairs- Gibson Park

1,152.00

MFS

EFT41030

21/06/2017

BEST KIMBERLEY COMPUTING

Copier charges- IT

1,375.48

MFS

EFT41031

21/06/2017

BITUMEN SEALING SERVICES P/L

Spraying & sealing- BRAC storage shed

4,029.96

MFS

EFT41032

21/06/2017

BLUE VANE SCOREBOARDS P/L

Equipment replacement- BRAC

4,015.00

MFS

EFT41033

21/06/2017

BMT CONSTRUCTIONS

Building maintenance- Library

2,106.50

MFS

EFT41034

21/06/2017

BOAB UAS P/L

Surveying for bushfire prevention- Rangers

3,920.00

MFS

EFT41035

21/06/2017

BP AUSTRALIA P/L

Diesel- Depot

16,801.59

MFS

EFT41036

21/06/2017

BP BROOME CENTRAL

Unleaded fuel- Depot

298.16

MFS

EFT41037

21/06/2017

BROOME BARRACUDAS SWIMMING CLUB

Community sponsorship as per OMC 27.04.17

1,400.00

MFS

EFT41038

21/06/2017

BROOME BETTA HOME LIVING

Building maintenance- Shire staff housing & Administration Office

269.00

MFS

EFT41039

21/06/2017

BROOME BOLT SUPPLIES WA P/L

Materials & consumables- Depot & Civic Centre

1,879.35

MFS

EFT41040

21/06/2017

BROOME CLARK RUBBER

Chemicals for Pool & pool servicing- BRAC & Shire staff housing

2,483.66

MFS

EFT41041

21/06/2017

BROOME CONTRACTING

Plant hire (Clean up for Buru Protest Camp)- Infrastructure

2,310.00

MFS

EFT41042

21/06/2017

BROOME FIRST NATIONAL REAL ESTATE

Staff rent

2,107.14

MFS

EFT41043

21/06/2017

BROOME MOTORS

Vehicle Repairs & Maintenance - Workshop & Waste Management Facility

2,171.75

MFS

EFT41044

21/06/2017

BROOME PLUMBING & GAS

Plumbing works- Town Beach

100.00

MFS

EFT41045

21/06/2017

BROOME POWDERCOATING

Signage maintenance- Depot

990.00

MFS

EFT41046

21/06/2017

BROOME SMALL MAINTENANCE SERVICES

Office setup- Chinatown Project HQ

700.00

MFS

EFT41047

22/06/2017

AUSTRALIA POST

Postage charges

3,065.49

MFS

EFT41048

22/06/2017

CABLE BEACH TYRE SERVICE P/L

Tyres & repairs- Various Shire sites

11,183.50

MFS

EFT41049

22/06/2017

CLARITY COMMUNICATIONS

Direct email communication management- Media

77.53

MFS

EFT41050

22/06/2017

CDP

Kiosk stock- BRAC

271.13

MFS

EFT41051

22/06/2017

COATES HIRE OPERATIONS P/L

Scaffold hire- Chinatown Revitalisation Project HQ.

112.74

MFS

EFT41052

22/06/2017

COLES SUPERMARKETS - CHINATOWN, S324

Consumables- Various Shire sites

811.12

MFS

EFT41053

22/06/2017

COPY CATS DIGITAL PRINT & DESIGN II

Stationery- Library

946.00

MFS

EFT41054

22/06/2017

DANS QUALITY PAINTING & DECORATING P/L

Painting- Gantheaume Point Rotunda

1,479.50

MFS

EFT41055

22/06/2017

DATA#3 LIMITED

Microsoft annual subscription- IT

9,593.61

MFS

EFT41056

22/06/2017

DEPT OF THE PREMIER & CABINET

Government Gazettal cost- Rates

129.60

MFS

EFT41057

22/06/2017

DIRECTCOMMS P/L

SMS messaging service (May17)- Library

65.63

MFS

EFT41058

22/06/2017

DOMINO'S PIZZA

National Youth Week- Community Development

54.45

MFS

EFT41059

22/06/2017

DORMA  AUTOMATICS P/L

Automatic front  door repair- Library

247.50

MFS

EFT41060

22/06/2017

EDUCATIONAL EXPERIENCE

Programs & materials- Library

413.73

MFS

EFT41061

22/06/2017

ES2 P/L

Software testing (RFQ17-25)- IT

16,500.00

MFS

EFT41062

22/06/2017

FIELD AIR CON & AUTO ELECTRICAL P/L

Vehicle parts & maintenance - Workshop & Waste Management Facility

3,847.40

MFS

EFT41063

22/06/2017

FIXIT BROOME

Building Maintenance- Depot

1,258.59

MFS

EFT41064

22/06/2017

GEOFABRICS AUSTRALASIA P/L

Materials- Crab Creek Rd

2,500.30

MFS

EFT41065

22/06/2017

GEORGIA MALONE CONSULTING P/L

Advertising (RFQ17-32)- Community Development

8,752.00

MFS

EFT41066

22/06/2017

GINA NICOLE HAILES

Fitness Instructor- BRAC

1,750.00

MFS

EFT41067

22/06/2017

GREENSAFE P/L

Material purchase- BARC

297.00

MFS

EFT41068

22/06/2017

ABLE ELECTRICAL (WA) P/L

Electrical works- BRAC & Cable Beach RD West

561.00

MFS

EFT41069

22/06/2017

AD ENGINEERING INTERNATIONAL P/L

Quarterly 3G service- Depot

88.00

MFS

EFT41070

22/06/2017

AUTOPRO BROOME

Tools, vehicle parts, chemicals & materials- Depot & WMF

370.35

MFS

EFT41071

22/06/2017

H & M TRACEY CONSTRUCTION P/L

Building inspection- Property

528.00

MFS

EFT41072

22/06/2017

HARVEY NORMAN BROOME

Land & Building Maintenance- Development Services

598.00

MFS

EFT41073

22/06/2017

HATSUYUKI

Advertising & promotion expenses- Civic Centre

300.00

MFS

EFT41074

22/06/2017

HERBERT SMITH FREEHILLS

Legal Expenses- Matter no: 82452032

136,304.06

MFS

EFT41075

22/06/2017

HORIZON POWER

Electricity charges

53,235.16

MFS

EFT41076

22/06/2017

INLAND STUDIO

Printing expenses- Media & Promotions

137.50

MFS

EFT41077

22/06/2017

IT VISION

IT Vision Rates Services (May 2017)- Finance

4,138.75

MFS

EFT41078

22/06/2017

BLACKWOODS

Tools, consumables & equipment- Various Shire sites

3,660.22

MFS

EFT41079

22/06/2017

JOHN ALBERT

Music performance (NRW 2017 Exhibition)- Civic Centre

900.00

MFS

EFT41080

22/06/2017

JR & A HERSEY P/L

Safety equipment & consumables- Depot

1,662.49

MFS

EFT41081

22/06/2017

KIMBERLEY CAMPING & OUTBACK SUPPLIES

Staff uniforms & equipment- Various Shire sites

4,029.80

MFS

EFT41082

22/06/2017

KIMBERLEY GOLD PURE DRINKING WATER

Drinking water- Various Shire sites

532.00

MFS

EFT41083

22/06/2017

KIMBERLEY WASHROOM SERVICES

Sanitary disposal service- Various Shire sites

820.00

MFS

EFT41084

22/06/2017

M P ROGERS & ASSOCIATES P/L

Design review (RFQ11-12)- Town Beach revetment project

2,804.08

MFS

EFT41085

22/06/2017

MANDALAY TECHNOLOGIES P/L

Mandalay data migration- Waste Management Facility

4,950.00

MFS

EFT41086

22/06/2017

MCCORRY BROWN EARTHMOVING P/L

Plant hire (RFQ15-45) & materials- Waste Management Facility & Works

13,948.00

MFS

EFT41087

22/06/2017

NEVERFAIL SPRINGWATER LTD

Drinking water- Depot

210.85

MFS

EFT41088

22/06/2017

NORTH WEST COAST SECURITY

Security services (RFT 15/05)- Shire various sites

15,665.12

MFS

EFT41089

22/06/2017

NORTH WEST LOCKSMITHS

Materials & safety equipment- Depot

1,046.10

MFS

EFT41090

22/06/2017

SALARY & WAGES

Payroll S & W

225.00

MFS

EFT41091

22/06/2017

ATO

PAYG

124,621.77

MFS

EFT41092

22/06/2017

SALARY & WAGES

Payroll S & W

380.00

MFS

EFT41093

22/06/2017

SALARY & WAGES

Payroll S & W

750.00

MFS

EFT41094

22/06/2017

SALARY & WAGES

Payroll S & W

550.00

MFS

EFT41095

22/06/2017

SALARY & WAGES

Payroll S & W

500.00

MFS

EFT41096

22/06/2017

SALARY & WAGES

Payroll S & W

248.65

MFS

EFT41097

22/06/2017

SALARY & WAGES

Payroll S & W

373.84

MFS

EFT41098

22/06/2017

SALARY & WAGES

Payroll S & W

420.00

MFS

EFT41099

22/06/2017

SALARY & WAGES

Payroll S & W

667.21

MFS

EFT41100

22/06/2017

SALARY & WAGES

Payroll S & W

578.17

MFS

EFT41101

22/06/2017

SALARY & WAGES

Payroll S & W

540.18

MFS

EFT41102

22/06/2017

SALARY & WAGES

Payroll S & W

790.33

MFS

EFT41103

22/06/2017

SALARY & WAGES

Payroll S & W

410.00

MFS

EFT41104

22/06/2017

SALARY & WAGES

Payroll S & W

625.72

MFS

EFT41105

22/06/2017

SALARY & WAGES

Payroll S & W

372.90

MFS

EFT41106

22/06/2017

SALARY & WAGES

Payroll S & W

340.00

MFS

EFT41107

22/06/2017

SALARY & WAGES

Payroll S & W

259.27

MFS

EFT41108

22/06/2017

SALARY & WAGES

Payroll S & W

108.09

MFS

EFT41109

22/06/2017

SALARY & WAGES

Payroll S & W

300.00

MFS

EFT41110

22/06/2017

SALARY & WAGES

Payroll S & W

662.65

MFS

EFT41111

22/06/2017

SALARY & WAGES

Payroll S & W

1,829.88

MFS

EFT41112

22/06/2017

SALARY & WAGES

Payroll S & W

919.05

MFS

EFT41113

22/06/2017

SALARY & WAGES

Payroll S & W

500.00

MFS

EFT41114

22/06/2017

SALARY & WAGES

Payroll S & W

540.00

MFS

EFT41115

22/06/2017

SALARY & WAGES

Payroll S & W

1,177.26

MFS

EFT41116

22/06/2017

SALARY & WAGES

Payroll S & W

19.40

MFS

EFT41117

22/06/2017

BRETTS PEST MANAGEMENT

Pest control- Civic Centre

88.00

MFS

EFT41118

22/06/2017

BROOME VETERINARY HOSPITAL

Provision of boarding, veterinary & euthanasia- Rangers

4,620.50

MFS

EFT41119

22/06/2017

ENVIRONMENTAL HEALTH AUSTRALIA INC

Subscriptions and training- Health

550.00

MFS

EFT41120

22/06/2017

MEDIA MANOEUVRES P/L

Media training- HR

15,658.50

MFS

EFT41121

22/06/2017

MIDALIA STEEL P/L

Materials- Waste Management Facility, Depot & Works

3,058.95

MFS

EFT41122

22/06/2017

NS PROJECTS P/L

Project Management Services (RFT15/04)- BRAC Aquatic upgrade

1,732.50

MFS

EFT41123

22/06/2017

OFFICE NATIONAL BROOME

Stationery, copier charges & minor assets- Various Shire sites

1,571.39

MFS

EFT41124

22/06/2017

REDWAVE MEDIA P/L

Radio advertising- Media & Civic Centre

2,772.00

MFS

EFT41125

22/06/2017

REGAL TRANSPORT

Freight- Depot

126.02

MFS

EFT41126

22/06/2017

REGIONAL ARTS VICTORIA

Performance production expenses- Civic Centre

5,192.00

MFS

EFT41127

22/06/2017

ROADLINE CIVIL CONTRACTORS

Equipment hire- Polo event

550.00

MFS

EFT41128

22/06/2017

ROEBUCK BAY HOTEL

Bar stock- Civic Centre

1,142.27

MFS

EFT41129

22/06/2017

ROSMECH SALES & SERVICE P/L

Vehicle parts- Workshop

957.59

MFS

EFT41130

22/06/2017

ROYAL LIFE SAVING SOCIETY - WA

Printed certificates- BRAC Swimming Lessons

495.00

MFS

EFT41131

22/06/2017

SAFETYCARE AUSTRALIA P/L

Occupational health & safety expenses- HR

4,345.00

MFS

EFT41132

22/06/2017

SALVATORE CONSTANTINO MASTROLEMBO

Reimbursement of expenses- Office of the CEO

1,656.48

MFS

EFT41133

22/06/2017

SEAT ADVISOR P/L

Ticket sale commission- Civic Centre

443.19

MFS

EFT41134

22/06/2017

SECUREPAY P/L

Seat Advisor transaction fee- Civic Centre

44.62

MFS

EFT41135

22/06/2017

SIGMA CHEMICALS

Swim mirror- Learn to swim program

125.00

MFS

EFT41136

22/06/2017

SIGNS PLUS

Name badges for Staff- HR

131.50

MFS

EFT41137

22/06/2017

SONIC HEALTHPLUS P/L

Recruitment expenses- HR

231.00

MFS

EFT41138

22/06/2017

SPECIALTY BALLOON PRINTERS P/L

Balloons- Chinatown Revitalisation Project

298.45

MFS

EFT41139

22/06/2017

SPORTS SURFACES

Hard court resurfacing (RFQ 16-66)- BRAC

2,348.50

MFS

EFT41140

23/06/2017

PEARL TOWN BUS SERVICE

Performance production expenses- Civic centre

575.00

MFS

EFT41141

23/06/2017

ST MARYS COLLEGE - SECONDARY

Sponsorship- Community Development

1,100.00

MFS

EFT41142

23/06/2017

STANTONS INTERNATIONAL

Probity services & consultancy expenses- Roebuck Bay Caravan Park & Community Development

3,738.15

MFS

EFT41143

23/06/2017

STRATAGREEN

Minor tools & consumables- Depot

370.28

MFS

EFT41144

23/06/2017

SUNNY SIGN COMPANY P/L

Various signs- Infrastructure

6,342.05

MFS

EFT41145

23/06/2017

TALIS CONSULTANTS

Project management & Financial Model - RRRP

1,892.00

MFS

EFT41146

23/06/2017

TAPPED PLUMBING & GAS P/L

Plumbing works- Various Shire sites

4,892.50

MFS

EFT41147

23/06/2017

TELSTRA

Phone charges

1,846.42

MFS

EFT41148

23/06/2017

TERRITORY RURAL BROOME

Reticulation parts & consumables- Various Shire sites

5,716.61

MFS

EFT41149

23/06/2017

THE CANCER COUNCIL WA

Sponsorship- Broome Relay for Life

3,300.00

MFS

EFT41150

23/06/2017

TOTAL PACKAGING (WA) P/L

Litter control consumables- Depot

610.50

MFS

EFT41151

23/06/2017

TOTALLY WORKWEAR

Staff uniform expenses & Library bags- HR & Library

2,260.60

MFS

EFT41152

23/06/2017

UDLA

Landscape architectural consultancy services (RFQ16-62)- Cable Beach Foreshore Masterplan

32,175.00

MFS

EFT41153

23/06/2017

VANDERFIELD P/L

Vehicle parts- Workshop

58.03

MFS

EFT41154

23/06/2017

VORGEE P/L

Goggles stock for kiosk- BRAC

461.95

MFS

EFT41155

23/06/2017

WATERCHOICE (AUST) P/L

Plumbing works- KRO1

130.00

MFS

EFT41156

23/06/2017

WAVE 1

Wireless WAN link (RFQ 16-64)- IT

72,473.61

MFS

EFT41157

23/06/2017

WEST COAST CONTRACTORS

Footpath renewal(RFQ17-38)- Cable Beach Rd West

20,674.50

MFS

EFT41158

23/06/2017

WEST COAST ON HOLD

Promotion expenses- Governance

69.00

MFS

EFT41159

23/06/2017

WESTERN AUSTRALIAN LOCAL GOVERNMENT ASSOC.

Lease & redevelopment Roebuck Bay Caravan Park (RFQ16-43) & training- Special Projects & HR

24,869.20

MFS

EFT41160

23/06/2017

SALARY & WAGES

Payroll S & W

342,165.00

MFS

EFT41161

24/06/2017

BROOME AUTO EXCELLENCE

Vehicle maintenance & repair- Workshop

1,538.35

MFS

EFT41162

24/06/2017

BROOME DIESEL & HYDRAULIC SERVICE

Vehicle parts- Workshop

632.35

MFS

EFT41163

24/06/2017

BROOME DOCTORS PRACTICE P/L

Recruitment expenses- HR

534.00

MFS

EFT41164

24/06/2017

BUNNINGS BROOME

Materials & consumables- Various Shire sites

5,068.07

MFS

EFT41165

24/06/2017

CABLE BEACH TYRE SERVICE P/L

Tyre repair- Waste Management Facility

597.00

MFS

EFT41166

24/06/2017

CARPET PAINT & TILE CENTRE

Paint & painting equipment- Chinatown Revitalisation Project

73.26

MFS

EFT41167

24/06/2017

CHAMBER OF COMMERCE & INDUSTRY OF WA

Staff training- HR

5,581.64

MFS

EFT41168

24/06/2017

CONPLANT AMMANN AUSTRALIA

Tyre Compactor- Workshop

5,940.00

MFS

EFT41169

24/06/2017

ELGAS LTD

Forklift LPG- Depot

57.70

MFS

EFT41170

24/06/2017

FIRE & SAFETY WA

Material purchase- Depot

286.35

MFS

EFT41171

24/06/2017

FOOTPRINT CLEANING

Cleaning (CON17-02)- Various Shire sites

48,783.37

MFS

EFT41172

24/06/2017

G. BISHOPS TRANSPORT SERVICES P/L

Freight- Infrastructure

1,447.60

MFS

EFT41173

24/06/2017

HORIZON POWER

Electricity charges

19,801.71

MFS

EFT41174

24/06/2017

KGT Employment

Apprentice wages- Workshop

2,153.07

MFS

EFT41175

24/06/2017

LGIS WA

Organisational training- HR

585.60

MFS

EFT41176

24/06/2017

MARKETFORCE

Recruitment advertising & public notices- HR & Community Development

1,911.54

MFS

EFT41177

24/06/2017

MCCORRY BROWN EARTHMOVING P/L

Plant, Labour hire & materials- Infrastructure

21,434.60

MFS

EFT41178

24/06/2017

MCMULLEN NOLAN GROUP P/L

Consultant expenses(RFQ17-40)- Infrastructure

13,707.65

MFS

EFT41179

24/06/2017

NORTHWEST HYDRO SOLUTIONS

Minor consumables- P&G

3,990.90

MFS

EFT41180

24/06/2017

PPCA

Annual license for sounds & music- Library

79.12

MFS

EFT41181

24/06/2017

PINDAN LABOUR SOLUTIONS P/L

Temporary Shire staff- Various Shire sites

11,899.60

MFS

EFT41182

24/06/2017

PLAYRIGHT AUSTRALIA P/L

Minor equipment- P&G

550.00

MFS

EFT41183

21/06/2017

COMMONWEALTH BANK OF AUSTRALIA

Interest payment - BRAC Building Loan

56,715.65

MFS

EFT41184

26/06/2017

ADVANCED ELECTRICAL EQUIPMENT P/L

General building maintenance- BRAC

814.00

MFS

EFT41185

26/06/2017

CACOY DOCE PARES CABLE BEACH WA INC

Kidsport applications- Club Development

90.00

MFS

EFT41186

26/06/2017

BK SIGNS

Maintenance- BRAC

115.50

MFS

EFT41187

26/06/2017

BMT WBM P/L

Software- Infrastructure

11,385.00

MFS

EFT41188

26/06/2017

FOOTPRINT CLEANING

Cleaning- BRAC

2,450.25

MFS

EFT41189

26/06/2017

HAEFELI LYSNAR

Minor equipment- Infrastructure

434.50

MFS

EFT41190

26/06/2017

HORIZON POWER

Electricity charges

4,527.34

MFS

EFT41191

26/06/2017

IGA - SEAVIEW

Daily newspaper- Library & Media

105.90

MFS

EFT41192

26/06/2017

PCYC - BROOME

Fuel for bus- Midnight Basketball

400.00

MFS

EFT41193

26/06/2017

POOL WISDOM

Pool chemicals(RFQ-17/05)- BRAC

1,941.02

MFS

EFT41194

26/06/2017

SECURITY & TECHNOLOGY SERVICES

Installation of IT infrastructure & alarm maintenance- IT & Assets

1,077.49

MFS

EFT41195

26/06/2017

SHIRE OF DERBY/WEST KIMBERLEY

Kimberley Zone handover- Finance

1,834.66

MFS

EFT41196

26/06/2017

ST ANNE'S FLORIST

Get well soon flowers- HR

86.00

MFS

EFT41197

26/06/2017

ST JOHN AMBULANCE AUSTRALIA (WA) INC

First Aid Training- Library

199.00

MFS

EFT41198

26/06/2017

KIMBERLEY SOILS LABORATORY

Materials testing- Crab Creek Rd upgrade project

2,062.50

MFS

EFT41199

26/06/2017

SUZANNE ELIZABETH JESS

Presentation- Library

400.00

MFS

EFT41200

26/06/2017

TELSTRA

Phone charges

8,613.17

MFS

EFT41201

26/06/2017

THE KIMBERLEY GRANDE

Accommodation to attend Kimberley Zone Meeting- Office of the CEO

1,025.00

MFS

EFT41202

26/06/2017

THOMSON REUTERS  AUSTRALIA LTD

Recruitment software annual license fee- HR

16,896.00

MFS

EFT41203

26/06/2017

TOTALLY WORKWEAR

Shire staff uniforms- HR

1,122.60

MFS

EFT41204

26/06/2017

UDLA

Landscape Architectural Services- BRAC

9,350.00

MFS

EFT41205

26/06/2017

VIVA ENERGY AUSTRALIA

Fuel card purchases from- 16.05.17 to 31.05.17

129.20

MFS

EFT41206

26/06/2017

WANNA PLAY IND

Youth program- Community Development

500.00

MFS

EFT41207

26/06/2017

WEST KIMBERLEY JUNIOR FOOTBALL

Kidsport applications- Club Development

900.00

MFS

EFT41209

26/06/2017

SHIRE OF BROOME

T3210- Bond refund

283.89

MFS

EFT41210

26/06/2017

STACEY BAMBRICK

T3210- Bond refund

2,436.11

MFS

EFT41211

26/06/2017

SHIRE OF BROOME

T3188- Bond refund

1,520.00

MFS

EFT41212

27/06/2017

BROOME FIRST NATIONAL REAL ESTATE

Staff rent & storage

8,390.78

MFS

EFT41213

27/06/2017

CHARTER PROPERTY GROUP P/L

Staff rent

2,607.14

MFS

EFT41214

27/06/2017

HUTCHINSON REAL ESTATE

Staff Rent

2,085.71

MFS

EFT41215

27/06/2017

KENNETH DONOHOE

Staff Rent

2,824.40

MFS

EFT41216

27/06/2017

MAX  GRAFFEN

Staff Rent

2,166.67

MFS

EFT41217

27/06/2017

PRD NATIONWIDE

Staff Rent

1,825.00

MFS

EFT41218

27/06/2017

RAY WHITE BROOME

Staff Rent

15,599.40

MFS

EFT41219

27/06/2017

RYAN & PAULA JACK

Staff Rent

3,128.57

MFS

EFT41220

27/06/2017

ATO- FBT

FBT adjustment (01.04.16 to 31.03.17)- Finance

4,201.00

MFS

EFT41221

28/06/2017

BIANCA GRAHAM

Midnight Basketball Referee- BRAC

400.00

MFS

EFT41222

28/06/2017

BJ DAVIES PLUMBING

Plumbing Works- P&G

8,987.00

MFS

EFT41223

28/06/2017

BROOME BUILDERS P/L

Building maintenance- BRAC

2,074.00

MFS

EFT41224

28/06/2017

BROOME LITTLE ATHLETICS

Kidsport applications- Club Development

1,250.00

MFS

EFT41225

28/06/2017

BROOME TOYOTA

Vehicle parts- Workshop & Parks & Gardens

1,033.34

MFS

EFT41226

28/06/2017

CABLE BEACH ELECTRICAL SERVICE

Reticulation repairs and maintenance- BRAC & P&G

2,420.00

MFS

EFT41227

28/06/2017

CITY OF ALBANY

Long Service Leave- Finance

18,045.48

MFS

EFT41228

28/06/2017

CT MECHANICAL & SERVICES

Plant & Equipment Maintenance & Repair- Waste Management Facility

2,101.00

MFS

EFT41229

28/06/2017

HIRE A HUBBY BROOME

Repairs and maintenance- BRAC

319.00

MFS

EFT41230

28/06/2017

HORIZON POWER

Electricity charges

10,077.75

MFS

EFT41231

28/06/2017

INSTITUTE OF SURVEYING AND CIVIL DESIGN TRAINING P/L

Consultancy expenses for training- Engineering

1,232.00

MFS

EFT41232

28/06/2017

KGT Employment

Apprentice wages- Workshop

1,250.17

MFS

EFT41233

28/06/2017

KIMBERLEY QUARRY P/L

Materials (Cape Leveque Rd) & road maintenance (RFQ17/41)- Infrastructure

12,674.85

MFS

EFT41234

28/06/2017

LEISURE INSTITUTE OF WA AQUATICS (INC) LIWA

Membership & seminar registration - BRAC

1,300.00

MFS

EFT41235

28/06/2017

NORTHERN LANDSCAPES WA

Labour Services- Waste Management Facility & Community Services

2,194.50

MFS

EFT41236

28/06/2017

NORTHWEST HYDRO SOLUTIONS

Reticulation parts- P&G

37.61

MFS

EFT41237

28/06/2017

PEARL COAST GYMNASTICS CLUB INC

Community sponsorship-16/17 as per OMC 27.04.17

722.70

MFS

EFT41238

28/06/2017

PETA - LEE COLE

Midnight Basketball- BRAC

380.00

MFS

EFT41239

28/06/2017

SALLY EATON

Reimbursement of expenses- Library

328.38

MFS

EFT41240

28/06/2017

SCOUTS WA

Kidsport applications- Club Development

400.00

MFS

EFT41241

28/06/2017

SEASHORE ENGINEERING P/L

Consultancy expenses- Town Beach Boat Ramp

7,238.00

MFS

EFT41242

28/06/2017

SPORTSPOWER BROOME

Operational expenses for annual event- BRAC

250.00

MFS

EFT41243

28/06/2017

STRATCO WA P/L

Maintenance work- Depot

78.55

MFS

EFT41244

28/06/2017

TOXFREE

Waste removal services(RFT 14/01)- Various Shire sites

116,086.72

MFS

EFT41245

28/06/2017

WEST COAST CONTRACTORS

Footpath maintenance (RFQ17/38)- Infrastructure

20,000.00

MFS

EFT41246

28/06/2017

WORKPLACE TRAINING & ADVISORY AUST P/L

Organisational training- HR

1,215.50

MFS

EFT41247

28/06/2017

BMT CONSTRUCTIONS

Building maintenance- Sam Male Lugger & Library

8,382.00

MFS

EFT41248

28/06/2017

BROOME PRIDE INC

Community sponsorship as per OMC 27.04.17

3,400.00

MFS

EFT41249

28/06/2017

EZY2C

Fleet tracking subscription- Infrastructure

131.34

MFS

EFT41250

28/06/2017

GHD P/L

Road Safety Audits(RFQ17-55)- Infrastructure

13,381.50

MFS

EFT41251

28/06/2017

GOOLARRI MEDIA ENTERPRISES P/L

Training(Oral History)- HR

395.00

MFS

EFT41252

28/06/2017

HERBERT SMITH FREEHILLS

Legal expense- Matter no: 82626632

2,008.88

MFS

EFT41253

28/06/2017

KIMBERLEY SIGNS & DESIGNS

Various signs- BRAC

1,391.50

MFS

EFT41254

28/06/2017

KOTT GUNNING LAWYERS

Legal expenses- Development & Community

1,198.00

MFS

EFT41255

28/06/2017

LANDCORP

Chinatown Revitalisation Cost Recovery- Special Projects

91,159.20

MFS

EFT41256

28/06/2017

LOUISE MARY LYDEAMORE

Netball umpiring expenses- BRAC

108.00

MFS

EFT41257

28/06/2017

MARK O'CONNOR

Rangers Equipment- Rangers

344.87

MFS

EFT41258

28/06/2017

MARLENE MATILDA STACK

Midnight Basketball Referee- BRAC

200.00

MFS

EFT41259

28/06/2017

MERCURE HOTEL - PERTH

Executive travel & accommodation- Infrastructure

450.00

MFS

EFT41260

28/06/2017

MOORE STEPHENS (WA) P/L

Rates Comparison Report 16/17- Finance

214.50

MFS

EFT41261

28/06/2017

NORTH WEST STRATA SERVICES

Levies- Shire Staff Housing

3,648.00

MFS

EFT41262

28/06/2017

ROYAL LIFE SAVING SOCIETY - WA

Equipment purchase- BRAC

870.45

MFS

EFT41263

28/06/2017

SLATER & GARTRELL SPORTS

Sports equipment- BRAC

352.00

MFS

EFT41264

28/06/2017

ST JOHN AMBULANCE AUSTRALIA (WA) INC

Training expenses- HR

159.00

MFS

EFT41265

28/06/2017

SURF LIFE SAVING WA

Beach Lifeguard Services(RFT 16/03)- Office of the CEO

36,073.22

MFS

EFT41266

28/06/2017

TAPPED PLUMBING & GAS P/L

Plumbing works- Shire Staff housing

344.30

MFS

EFT41267

28/06/2017

THEATRE KIMBERLEY INC

Kidsport applications- Club Development

400.00

MFS

EFT41268

28/06/2017

WASAMBA

Community sponsorship as per OMC 27.04.17

3,000.00

MFS

EFT41269

28/06/2017

WEST COAST CONTRACTORS

Footpath maintenance (RFQ17-38)- Infrastructure

26,805.00

MFS

EFT41270

29/06/2017

BRETTS PEST MANAGEMENT

Pest control expenses- Property

374.00

MFS

EFT41271

29/06/2017

BROOME BUILDERS P/L

Crossover Subsidy - 42/249 Herbert Street

515.00

MFS

EFT41272

29/06/2017

BROOME  NORTH REGIONAL TAFE

Pool Lifeguard Training- HR

86.24

MFS

EFT41273

29/06/2017

CITY OF SWAN

GIS Labour Services- IT

8,220.13

MFS

EFT41274

29/06/2017

COAST & COUNTRY ELECTRICS

Electrical works- BVC & Depot

1,132.38

MFS

EFT41275

29/06/2017

DEAN WILSON TRANSPORT P/L

Freight- Workshop & Depot

434.02

MFS

EFT41276

29/06/2017

DFES

ESL 4th Quarter contribution 2016/17- Rates

92,484.94

MFS

EFT41277

29/06/2017

EAST TO WEST DATA & ELECTRICAL SERVICES

Power generator (RFQ17-03)- Administration Office

123,543.40

MFS

EFT41278

29/06/2017

H & M TRACEY CONSTRUCTION P/L

Crossover Subsidy- 16/168 Magabala Rd

515.00

MFS

EFT41279

29/06/2017

HEAD OFFICE LANDGATE

Schedules & charges- Rates

8,599.87

MFS

EFT41280

29/06/2017

KIMBERLEY WILDERNESS ADVENTURES

Conferences travel & accommodation- Office of the CEO

650.00

MFS

EFT41281

29/06/2017

LAIRD TRAN STUDIO

Consultation fee- Property

1,089.00

MFS

EFT41282

29/06/2017

LEADING EDGE COMPUTERS

IPhone & case- IT

1,328.95

MFS

EFT41283

29/06/2017

METRIX CONSULTING P/L

Consultant fees(RFQ16-84)- Economic Services

11,984.50

MFS

EFT41284

29/06/2017

OFFICEMAX AUSTRALIA LTD

Stationery supplies- Administration Office

410.96

MFS

EFT41285

29/06/2017

REGIONAL DEVELOPMENT AUSTRALIA KIMBERLEY

Organisational training- HR

385.00

MFS

EFT41286

29/06/2017

TERRITORY RURAL BROOME

Weed control- P&G

1,364.00

MFS

EFT41287

29/06/2017

THE MANGROVE RESORT HOTEL

Accommodation for trainer- HR

666.00

MFS

EFT41288

29/06/2017

THE WORKWEAR GROUP  (NNT)

Staff uniforms- HR

414.75

MFS

EFT41289

29/06/2017

WESTERN IRRIGATION P/L

Reticulation upgrade- P&G

5,929.00

MFS

EFT41290

29/06/2017

ZIPFORM P/L

Printing & stationery- Administration

409.75

MFS

EFT41291

29/06/2017

BIANCA GRAHAM

Midnight Basketball Tournament Referee- BRAC

200.00

MFS

EFT41292

29/06/2017

EASY ELECTRICAL

Building maintenance- BRAC

242.00

MFS

EFT41293

29/06/2017

IGA - SEAVIEW

Daily newspaper- Library & Media

120.20

MFS

EFT41294

29/06/2017

MARLENE MATILDA STACK

Midnight Basketball Tournament Referee- BRAC

300.00

MFS

EFT41295

29/06/2017

MCCORRY BROWN EARTHMOVING P/L

Materials & equipment hire (RFQ15/45)- Infrastructure

19,290.15

MFS

EFT41296

29/06/2017

MONICA EDGAR

Midnight Basketball Tournament Night Manager- BRAC

460.00

MFS

EFT41297

29/06/2017

NORTH WEST COAST SECURITY

Security Services (Midnight Basketball)- BRAC

528.00

MFS

EFT41298

29/06/2017

OHURA CONSULTING

Consultancy expenses- HR

88.00

MFS

EFT41299

29/06/2017

PETA - LEE COLE

Midnight Basketball Tournament Night Manager- BRAC

460.00

MFS

EFT41300

29/06/2017

PINDAN LABOUR SOLUTIONS P/L

Temporary Shire staff- Various Shire sites

12,778.85

MFS

EFT41301

29/06/2017

RUNWAY BAR & RESTAURANT

Catering for Midnight Basketball- BRAC

4,480.00

MFS

EFT41302

29/06/2017

SCAPE-ISM P/L

Consultancy fee- BRAC & KRO3

2,200.00

MFS

EFT41303

29/06/2017

T - QUIP

Equipment maintenance- P&G

240.55

MFS

EFT41304

29/06/2017

TY DAVID MATSON

Reimbursement of expenses- Rangers

248.95

MFS

EFT41305

30/06/2017

AMO CONTRACTING

Footpath maintenance(CON13-08)- Infrastructure

10,478.60

MFS

EFT41306

30/06/2017

ANDREW BLACK LANDSCAPES

Garden maintenance- BVC & Shire Staff housing

4,259.00

MFS

EFT41307

30/06/2017

AVERY AIRCONDITIONING P/L

Airconditioning maintenance & repair (RFQ 17-44)- Infrastructure

943.25

MFS

EFT41308

30/06/2017

BOC LIMITED

Gas bottle hire- Workshop & BRAC

394.77

MFS

EFT41309

30/06/2017

B.C.A.N.S.

ICT equipment disposal- IT

1,980.00

MFS

EFT41310

30/06/2017

DJARINDJIN ABORIGINAL CORP.

Meals & accommodation- Works

363.00

MFS

EFT41311

30/06/2017

HARDI AUSTRALIA P/L

Equipment maintenance- Depot

367.13

MFS

EFT41312

30/06/2017

HERBERT SMITH FREEHILLS

Legal expenses- Matter No: 82458032

219,265.93

MFS

EFT41313

30/06/2017

INCREDIBLE EDIBLE BROOME

Chinatown Revitalisation Laneway Enhancement- Projects

4,500.00

MFS

EFT41314

30/06/2017

LGIS WA

Risk management review- HR

5,082.00

MFS

EFT41315

30/06/2017

MARKETFORCE

Advertising- Rangers

1,301.71

MFS

EFT41316

30/06/2017

MCMULLEN NOLAN GROUP P/L

Surveying expenses (RFQ16-61)- Infrastructure

1,485.00

MFS

EFT41317

30/06/2017

TNT EXPRESS

Freight- Workshop, Health & WMF

1,228.96

MFS

EFT41318

30/06/2017

WATER CORPORATION

Water usage & service charges

72,389.90

MFS

EFT41319

30/06/2017

AUSTRAL MERCANTILE COLLECTIONS P/L

Refund overpayment- Payment management system

16.34

MFS

EFT41363

28/06/2017

FACEBOOK

Facebook advertising- Media (credit card payment 31.05.17)

155.00

MFS

EFT41364

28/06/2017

QANTAS

Shire CEO flights- Office of the CEO (credit card payment 5.06.17)

702.00

MFS

MUNICIPAL ELECTRONIC FUNDS TRANSFER TOTAL:

$3,763,732.90

 

MUNICIPAL CHEQUES - JUNE 2017

EFT

Date

Name

Description

Amount

Del Auth

57461

02/06/2017

BROOME BIRD OBSERVATORY

Community Sponsorship as per OMC 27.04.17

3,650.90

MFS

57462

02/06/2017

SHIRE OF BROOME

Additional floats cash- BRAC Kiosk

400.00

MFS

57463

09/06/2017

BROOME SENIOR HIGH SCHOOL

Donation (Japan Learning Experience)- Office of the CEO

1,000.00

MFS

57464

09/06/2017

DEPARTMENT OF TRANSPORT

Shire of Broome Plates

200.00

MFS

57465

09/06/2017

SHIRE OF BROOME

BRAC Petty Cash (29.11.16 to 03.05.17)

147.45

MFS

57466

16/06/2017

HOUSING AUTHORITY

Rates refund due to overpayment for assessment A102010

1,599.25

MFS

57467

16/06/2017

REGIONAL RESOURCES NW P/L

Rates refund due to overpayment for assessment A305410

395.09

MFS

57468

26/06/2017

DEPARTMENT OF TRANSPORT

Fleet registration- Infrastructure

56,080.35

MFS

57469

28/06/2017

SHIRE OF BROOME

Library petty cash (08.06.17 to 14.06.17)

66.33

MFS

57470

28/06/2017

SHIRE OF BROOME

Admin petty cash (04.05.17 - 27.06.17)

594.80

MFS

MUNICIPAL CHEQUES TOTAL:

$64,134.17

 

 

 

 

TRUST CHEQUES - JUNE 2017

Cheque

Date

Name

Description

Amount

Del Auth

3434

07/06/2017

BUILDING & CONSTRUCTION INDUSTRY TRAINING FUND

BCITF levy- May 2017

2,155.49

MFS

3435

22/06/2017

BROOME MAGISTRATES COURT

T3328- Refund incorrect payment received

50.00

MFS

TRUST CHEQUES TOTAL:

$2,205.49

 

 

 

MUNICIPAL DIRECT DEBIT/CREDIT CARD PAYMENTS - JUNE 2017

DD#

Date

Name

Description

Amount

Del Auth

DD22523.2

06/06/2017

SOUTHLAND SUPPLY GROUP

Braille signs for public toilets- Library

213.29

MFS

DD22546.1

06/06/2017

SUPERANNUATION

Superannuation contributions

56,316.84

MFS

DD22546.2

06/06/2017

SUPERANNUATION

Superannuation contributions

606.13

MFS

DD22546.3

06/06/2017

SUPERANNUATION

Superannuation contributions

358.84

MFS

DD22546.4

06/06/2017

SUPERANNUATION

Superannuation contributions

419.75

MFS

DD22546.5

06/06/2017

SUPERANNUATION

Superannuation contributions

1,616.60

MFS

DD22546.6

06/06/2017

SUPERANNUATION

Superannuation contributions

308.07

MFS

DD22546.7

06/06/2017

SUPERANNUATION

Superannuation contributions

577.61

MFS

DD22546.8

06/06/2017

SUPERANNUATION

Superannuation contributions

296.12

MFS

DD22546.9

06/06/2017

SUPERANNUATION

Superannuation contributions

298.32

MFS

DD22593.1

15/06/2017

TOYOTA FINANCIAL SERVICES AUST.

Vehicle lease (RFQ16-90)- Chinatown Redevelopment

503.84

MFS

DD22622.1

20/06/2017

SUPERANNUATION

Superannuation contributions

56,269.95

MFS

DD22622.2

20/06/2017

SUPERANNUATION

Superannuation contributions

606.13

MFS

DD22622.3

20/06/2017

SUPERANNUATION

Superannuation contributions

377.51

MFS

DD22622.4

20/06/2017

SUPERANNUATION

Superannuation contributions

419.75

MFS

DD22622.5

20/06/2017

SUPERANNUATION

Superannuation contributions

1,444.52

MFS

DD22622.6

20/06/2017

SUPERANNUATION

Superannuation contributions

308.07

MFS

DD22622.7

20/06/2017

SUPERANNUATION

Superannuation contributions

348.83

MFS

DD22622.8

20/06/2017

SUPERANNUATION

Superannuation contributions

311.24

MFS

DD22622.9

20/06/2017

SUPERANNUATION

Superannuation contributions

320.38

MFS

DD22649.1

26/06/2017

WA TREASURY CORPORATION

Fixed Component - BRAC & Stage 2B BRAC Ovals

31,850.69

MFS

DD22657.1

27/06/2017

WA TREASURY CORPORATION

Fixed Component - Civic Centre Redevelopment Loan

260,997.67

MFS

DD22677.1

14/06/2017

FINES ENFORCEMENT REGISTRY

Fines enforcement registry fee- Rangers

10,266.00

MFS

DD22683.1

30/06/2017

COMMONWEALTH BANK OF AUSTRALIA

LOAN 171 variance- Finance

0.15

MFS

DD22523.10

01/06/2017

LOGMEIN AUSTRALIA P/L

License maintenance - IT

1,940.40

MFS

DD22523.13

14/06/2017

DEPT OF ENVIRONMENT REGULATION

Application fee- Crab Creek Rd

200.00

MFS

DD22546.10

06/06/2017

SUPERANNUATION

Superannuation contributions

371.51

MFS

DD22546.11

06/06/2017

SUPERANNUATION

Superannuation contributions

559.29

MFS

DD22546.12

06/06/2017

SUPERANNUATION

Superannuation contributions

2,304.84

MFS

DD22546.13

06/06/2017

SUPERANNUATION

Superannuation contributions

337.76

MFS

DD22546.14

06/06/2017

SUPERANNUATION

Superannuation contributions

394.62

MFS

DD22546.15

06/06/2017

SUPERANNUATION

Superannuation contributions

286.52

MFS

DD22546.16

06/06/2017

SUPERANNUATION

Superannuation contributions

277.75

MFS

DD22546.17

06/06/2017

SUPERANNUATION

Superannuation contributions

606.22

MFS

DD22546.18

06/06/2017

SUPERANNUATION

Superannuation contributions

671.20

MFS

DD22546.19

06/06/2017

SUPERANNUATION

Superannuation contributions

2,190.22

MFS

DD22546.20

06/06/2017

SUPERANNUATION

Superannuation contributions

982.72

MFS

DD22546.21

06/06/2017

SUPERANNUATION

Superannuation contributions

1,237.02

MFS

DD22546.22

06/06/2017

SUPERANNUATION

Superannuation contributions

259.19

MFS

DD22546.23

06/06/2017

SUPERANNUATION

Superannuation contributions

185.45

MFS

DD22622.10

20/06/2017

SUPERANNUATION

Superannuation contributions

371.51

MFS

DD22622.11

20/06/2017

SUPERANNUATION

Superannuation contributions

559.29

MFS

DD22622.12

20/06/2017

SUPERANNUATION

Superannuation contributions

2,207.99

MFS

DD22622.13

20/06/2017

SUPERANNUATION

Superannuation contributions

337.76

MFS

DD22622.14

20/06/2017

SUPERANNUATION

Superannuation contributions

596.69

MFS

DD22622.15

20/06/2017

SUPERANNUATION

Superannuation contributions

394.62

MFS

DD22622.16

20/06/2017

SUPERANNUATION

Superannuation contributions

286.52

MFS

DD22622.17

20/06/2017

SUPERANNUATION

Superannuation contributions

277.75

MFS

DD22622.18

20/06/2017

SUPERANNUATION

Superannuation contributions

591.45

MFS

DD22622.19

20/06/2017

SUPERANNUATION

Superannuation contributions

761.78

MFS

DD22622.20

20/06/2017

SUPERANNUATION

Superannuation contributions

2,120.07

MFS

DD22622.21

20/06/2017

SUPERANNUATION

Superannuation contributions

785.35

MFS

DD22622.22

20/06/2017

SUPERANNUATION

Superannuation contributions

1,237.02

MFS

DD22622.23

20/06/2017

SUPERANNUATION

Superannuation contributions

277.23

MFS

DD22622.24

20/06/2017

SUPERANNUATION

Superannuation contributions

218.74

MFS

DD22715.1

28/06/2017

QANTAS AIRWAYS LTD

Shire staff flights- Infrastructure

2,193.60

MFS

DD22715.2

28/06/2017

VIRGIN AUSTRALIA

Trainer flights- HR

757.73

MFS

DD22715.3

28/06/2017

STORE DJ

Yamaha speakers- Civic Centre

1,138.00

MFS

DD22715.4

28/06/2017

FACEBOOK

Advertising- Civic Centre

67.00

MFS

MUNICIPAL DIRECT DEBIT TOTAL:

$453,021.11

MUNICIPAL ELECTRONIC TRANSFER TOTAL

$3,763,732.90

MUNICIPAL CHEQUES TOTAL

$64,134.17

TRUST CHEQUE TOTAL

$2,205.49

MUNICIPAL DIRECT DEBIT/ CREDIT CARD TOTAL

$453,021.11

TOTAL PAYMENTS - JUNE 2017

$4,283,093.67

Key for Delegation of Authority:

CEO

Chief Executive Officer

MFS

Manager Financial Services

DCS

Director Corporate Services

 


MinutesOrdinary Meeting of Council 27 July 2017                                                                                    Page 343 of 536

 

 

9.4.2      MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT JUNE 2017

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           FRE02

AUTHOR:                                                   Senior Finance Officer

CONTRIBUTOR/S:                                    Manager Financial Services

RESPONSIBLE OFFICER:                           Director Corporate Services

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    18 July 2017

 

SUMMARY:         Council is required by legislation to consider and adopt the Monthly Statement of Financial Activity Report for the period ended 30 June 2017, 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 has 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                       100%

Total Rates Raised Revenue            100% (of which 96.24% has been collected)

Total Other Operating Revenue     112%

Total Operating Expenditure           109%

Total Capital Revenue                     73%   

Total Capital Expenditure                71%

Total Sale of Assets Revenue           106%

 

More detailed explanations of variances are contained in Note 2 of the Monthly Statement of Financial Activity. The commentary identifies material 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, second and third quarter Finance and Costing Reviews (FACR) were adopted by Council on 24 November 2016, 23 February 2017 and 25 May 2017 respectively, resulting in a surplus forecast financial position to 30 June 2017 of $1,808.

 

It should be noted that the Shire of Broome is currently in the process of preparing its Annual Financial Statements. This requires a number of processes to occur which can affect the Shire’s end-of-year financial position. As these processes are underway, the financial position presented in this report cannot be relied upon as the final position for the Shire of Broome. The final position for the Shire of Broome will be presented to Council as part of the Annual Financial Statements at a later date.

 

CONSULTATION

 

Nil

 

STATUTORY ENVIRONMENT

 

Local Government (Financial Management) Regulations 1996

 

34. Financial activity statement report — s. 6.4

(1A)       In this regulation —

“committed assets” means revenue unspent but set aside under the annual budget for a specific purpose.

 

(1)          A local government is to prepare each month a statement of financial activity reporting on the sources and applications of funds, as set out in the annual budget under regulation 22(1)(d), for that month in the following detail —

(a)         annual budget estimates, taking into account any expenditure incurred for an additional purpose under section 6.8(1)(b) or (c);

(b)         budget estimates to the end of the month to which the statement relates;

(c)         actual amounts of expenditure, revenue and income to the end of the month to which the statement relates;

(d)         material variances between the comparable amounts referred to in paragraphs (b) and (c); and

(e)         the net current assets at the end of the month to which the statement relates

 

(2)         Each statement of financial activity is to be accompanied by documents containing —

(a)        an explanation of the composition of the net current assets of the month to which the statement relates, less committed assets and restricted assets;

(b)        an explanation of each of the material variances referred to in subregulation (1)(d); and

(c)         such other supporting information as is considered relevant by the local government.

 

(3)          The information in a statement of financial activity may be shown —

(a)          according to nature and type classification;

(b)          by program; or

(c)          by business unit.

 

(4)          A statement of financial activity, and the accompanying documents referred to in subregulation (2), are to be —

(a)         presented at an ordinary meeting of the council within 2 months after the end of the month to which the statement relates; and

(b)         recorded in the minutes of the meeting at which it is presented.

 

(5)        Each financial year, a local government is to adopt a percentage or value, calculated in accordance with the AAS, to be used in statements of financial activity for reporting material variances.

 

Local Government Act 1995

 

6.8. Expenditure from municipal fund not included in annual budget

(1)         A local government is not to incur expenditure from its municipal fund for an additional purpose except where the expenditure —

(a)         is incurred in a financial year before the adoption of the annual budget by the local government;

(b)         is authorised in advance by resolution*; or

(c)         is authorised in advance by the mayor or president in an emergency.

* 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 Financial 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 FACR process 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 C Mitchell                                               Seconded: Cr D Male

That Council:

1.       Adopts the Monthly Financial Activity Report for the period ended 30 June 2017; and

2.       Receives the General Fund Summary of Financial Activity (Schedules 2-14) for the period ended 30 June 2017.

CARRIED UNANIMOUSLY 7/0

 

Attachments

1.

2016-17 Financial Activity Statements - June 2017

2.

Summary Schedule

3.

Schedule 3-14

  


Item 9.4.2 - MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT JUNE 2017

 

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


Item 9.4.2 - MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT JUNE 2017

 

 

PDF Creator


Item 9.4.2 - MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT JUNE 2017

 

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


MinutesOrdinary Meeting of Council 27 July 2017                                                                                    Page 465 of 536

 

 

9.4.3      2017/2018 CHRISTMAS CLOSURE

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           ADM01

AUTHOR:                                                   Senior Administration and Governance Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Corporate Services

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    6 July 2017

 

SUMMARY:         In accordance with prior conventions the Executive Management Group (EMG) is seeking Council approval to close the Shire’s operations over the Christmas/New Year period for 2017/2018. This will be subject to a contingency plan identifying key staff required to ensure the ongoing delivery of core services to the community. Employees will be required to take annual or accrued leave during the period which will assist in reducing high annual leave accruals that have proven difficult for some staff to clear on an individual basis.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 2 September 2010                   Item 12.1

OMC 1 September 2011                   Item 9.3.3

OMC 6 September 2012                   Item 9.4.3

OMC 19 September 2013                 Item 9.4.4

OMC 25 September 2014                 Item 9.4.3

OMC 26 November 2015                  Item 9.4.4

OMC 25 August 2016                        Item 9.4.5

 

A report was submitted to the Ordinary Meeting of Council held on 25 August 2016 for the consideration of the closure of the Shire Offices over the Christmas/New Year period. The following was resolved by Council:

 

Council Resolution:

(Report Recommendation)

Moved: Cr H Tracey                                                                    Seconded: Cr B Rudeforth

That Council:

1.         Supports the closure of the Administration Office, Broome Civic Centre Office and Depot from Monday 26 December 2016 to Monday 2 January 2017 (inclusive) as outlined in this report (Table 1);

2.         Supports the closure of the Broome Public Library from Saturday 24 December 2016 to Monday 2 January 2017 (inclusive) as outlined in this report (Table 2);

3.         Supports the closure of the Broome Recreation and Aquatic Centre on Sunday 25 December 2016 (Christmas Day) and Sunday 1 January 2017 (New Year’s Day) and supports the reduced operating hours as outlined in this report (Table 3) for the period 19 December 2016 to Monday 2 January 2017 inclusive;

4.         Supports the closure of the Broome Waste Management Facility on Sunday 25 December 2016 (Christmas Day);

5.         Acknowledges that employees will utilise annual or accrued leave for the above periods which are not public holidays; and

6.         Notes the above closures are subject to a contingency plan outlining staff required to ensure essential services continue to be provided to the public.

CARRIED UNANIMOUSLY 8/0

 

COMMENT

 

The Shire does not appear to have received any negative comments resulting from the Christmas closures over the 2010/2011, 2011/2012, 2012/2013, 2013/2014, 2014/2015, 2015/2016 and 2016/2017 periods.

 

It is therefore recommended, given the success of previous Christmas closures and reduced hours of operation for the Broome Recreation and Aquatic Centre (BRAC), that the Shire close operations or reduce opening hours over the 2017/2018 Christmas/New Year period as outlined below.

 

To ensure essential services are still adequately delivered to the community, the EMG will develop a contingency plan outlining employees and/or departments required to continue working through the period. The contingency plan will also detail the operational management of workloads to ensure minimal disruption to service delivery over the period.

 

Adequate notice of the closure will be provided to the public to further minimise any disruptions.

 

Administration Office, Broome Civic Centre Office and Depot (Table 1)

 

Due to the limited number of staff available during this period, it is proposed that the Civic Centre is not available for hire during the Christmas closure period. The Depot will operate on a “skeleton crew” between 27 – 29 December.

 

Closures for the Administration Office, Depot and Broome Civic Centre Office are therefore recommended as follows:

 

Friday 22nd December 2017

OPEN for normal business

Saturday 23rd December 2017

CLOSED (Weekend)

Sunday 24th December 2017

CLOSED (Weekend)

Monday 25th December 2017

CLOSED (Christmas Day Public Holiday)

Tuesday 26th December 2017

CLOSED (Boxing Day Public Holiday)

Wednesday 27th December 2017

CLOSED (Annual Leave)

Thursday 28th December 2017

CLOSED (Annual Leave)

Friday 29th December 2017

CLOSED (Annual Leave)

Saturday 30th December 2017

Weekend

Sunday 31st December 2017

Weekend

Monday 1st January 2018

CLOSED (New Years Day Public Holiday)

Tuesday 2nd January 2018

OPEN

 

Broome Public Library (Table 2)

 

The Library is proposed to be closed for the Christmas period from 5pm Friday 22 December 2017, re-opening for normal business from Tuesday 2 January 2018. Arrangements will be made to allow double loans from Monday 18 December 2017 to cover the closure period.

 

Friday 22nd December 2017

OPEN for normal business

Saturday 23rd December 2017

CLOSED (3 Hrs Annual Leave)

Sunday 24th December 2017

CLOSED (Weekend)

Monday 25th December 2017

CLOSED (Christmas Day Public Holiday)

Tuesday 26th December 2017

CLOSED (Boxing Day Public Holiday)

Wednesday 27th December 2017

CLOSED (Annual Leave)

Thursday 28th December 2017

CLOSED (Annual Leave)

Friday 29th December 2017

CLOSED (Annual Leave)

Saturday 30th December 2017

CLOSED (3 Hrs Annual Leave)

Sunday 31st December 2017

CLOSED (Weekend)

Monday 1st January 2018

CLOSED (New Years Day Public Holiday)

Tuesday 2nd January 2018

OPEN for normal business

 

Broome Recreation and Aquatic Centre (Table 3)

 

BRAC is proposed to be closed on Christmas Day and New Year’s Day only. Staff advise this is generally a quiet time of the year and as such they are proposing the following opening hours during the period 20 December 2017 to 2 January 2018:

 

Date

Normal Opening Hours (Centre)

Proposed Opening Hours

Wednesday 20th December 2017

5.45am - 9.00pm

7.00am – 6.00pm

Thursday 21st December 2017

5.45am - 9.00pm

7.00am – 6.00pm

Friday 22nd December 2017

5.45am - 7.30pm

7.00am – 6.00pm

Saturday 23rd December 2017

9.00am – 5.00pm

9.00am – 5.00pm

Sunday 24th December 2017

9.00am – 5.00pm

9.00am – 5.00pm

Monday 25th December 2017

 

10.00am – 5.00pm

(public holiday)

CLOSED (Christmas Day Public Holiday)

Tuesday 26th December 2017

10.00am – 5.00pm

(public holiday)

10.00am - 5.00pm (Boxing Day Public Holiday)

Wednesday 27th December 2017

5.45am – 9.00pm

7.00am – 6.00pm

Thursday 28th December 2017

5.45am – 9.00pm

7.00am – 6.00pm

Friday 29th December 2017

5.45am  - 7.30pm

7.00am – 6.00pm

Saturday 30th December 2017

9.00am – 5.00pm

9.00am – 5.00pm

Sunday 31st December 2017

9.00am – 5.00pm

9.00am – 5.00pm

Monday 1st January 2018

10.00am – 5.00pm

(public holiday)

CLOSED (New Years Day Public Holiday)

Tuesday 2nd January 2018

5.45am – 9.00pm

Open for normal business 5.45am – 9.00pm

 

Broome Waste Management Facility

 

The Waste Management Facility is proposed to be closed on Christmas Day only and normal hours will apply for the remainder of the Christmas closure period. The site will be open for Boxing Day and New Year’s Day public holidays.

 

CONSULTATION

 

The closures will be advertised in the Broome Advertiser, on the Shire of Broome website, through media releases and notices will be placed on the Administration Office, Library and BRAC noticeboards.

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

 

POLICY IMPLICATIONS

 

Nil.

 

FINANCIAL IMPLICATIONS

 

Nil.

 

RISK

 

Employees may be required to take annual or accrued leave over the closure period. This will assist in reducing leave accruals which have proven difficult for some staff to clear on an individual basis. Auditors have previously identified high leave accruals as an Organisational Risk for the Shire of Broome.

 

Sufficient advertising of closures as indicated above will inform the community in advance of the closures.

 

Staff will be rostered on to ensure essential services continue to be provided to the public during this time.

 

STRATEGIC IMPLICATIONS  

 

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

 

Responsible resource allocation

 

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr P Matsumoto                                          Seconded: Cr M Fairborn

That Council:

1.         Supports the closure of the Administration Office, Broome Civic Centre Office and Depot from Monday 25 December 2017 to Monday 1 January 2018 (inclusive) as outlined in this report (Table 1);

2.         Supports the closure of the Broome Public Library from Saturday 23 December 2017 to Monday 1 January 2018 (inclusive) as outlined in this report (Table 2);

3.         Supports the closure of the Broome Recreation and Aquatic Centre on Monday 25 December 2017 (Christmas Day) and Monday 1 January 2018 (New Year’s Day) and supports the reduced operating hours as outlined in this report (Table 3) for the period 20 December 2017 to Monday 1 January 2018 inclusive;

4.         Supports the closure of the Broome Waste Management Facility on Monday 25 December 2017 (Christmas Day);

5.         Acknowledges that employees will utilise annual or accrued leave for the above periods which are not public holidays; and

6.         Notes the above closures are subject to a contingency plan outlining staff required to ensure essential services continue to be provided to the public.

CARRIED UNANIMOUSLY 7/0

 

Attachments

There are no attachments for this report.


MinutesOrdinary Meeting of Council 27 July 2017                                                                                    Page 471 of 536

 

 

With regards to Item 9.4.4 Cr C Mitchell disclosed that “one of the applicants is chair of an organisation I work for”.

9.4.4      REQUEST FOR TENDER FOR LEASE OF THE ROEBUCK BAY CARAVAN PARK

LOCATION/ADDRESS:                             91 Walcott Street, Broome WA 6725

APPLICANT:                                              Nil

FILE:                                                           WAL - 1/91

AUTHOR:                                                   Special Projects Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Chief Executive Officer

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    11 July 2017

 

SUMMARY:         At the Special Meeting of Council (SMC) held on 7 June 2017, Council resolved to seek a short-term lease in accordance with Section 3.58 of the Local Government Act 1995 for the Roebuck Bay Caravan Park.  In accordance with that resolution of Council, a draft lease and tender documentation has been prepared.  The purpose of this report is to present the draft lease and tender documentation to Council for consideration of endorsement.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 26 February 2002                     Item 9.3.2

OMC 26 June 2002                            Item 9.1.5

OMC 15 March 2007                         Item 9.3.12

OMC 18 December 2007                 Item 9.4.4

OMC 10 April 2008                             Item 9.4.3

OMC 20 June 2013                            Item 9.2.8

OMC 24 July 2014                              Item 9.3.3

OMC 26 February 2015                     Item 9.2.10

OMC 30 April 2015                             Item 9.2.8

OMC 25 June 2015                            Item 9.3.1

OMC 27 August 2015                        Item 9.3.2

OMC 25 February 2016                     Item 9.3.1

OMC 30 June 2016                            Item 9.1.1

OMC 16 November 2016                  Item 9.4.1

OMC 30 March 2017                         Item 9.2.7

SMC 7 June 2017                                Item 6.4.1

 

At the SMC held 7 June 2017 Council resolved the following:

 

Council Resolution:

(Report Recommendation)

Moved: Cr H Tracey                                                 Seconded: Cr W Fryer

That Council:

1.       Confirms the preferred option to progress the Lease and Redevelopment of the Roebuck Bay Caravan Park is to seek a short term management lease in accordance with Section 3.58 of the Local Government Act 1995; and

2.       Requests the Chief Executive Officer to prepare draft lease and tender documentation for the short term management lease of the Roebuck Bay Caravan Park and present this to Council for endorsement.

CARRIED 7/1

 

COMMENT

 

The current lease agreement for the Roebuck Bay Caravan Park lapses on 31 December 2017. Council has confirmed the preferred option to progress the leasing of the Roebuck Bay Caravan Park is to seek a short term lease under Section 3.58(2)(b) of The Local Government Act 1995 for the disposal of property via calling of public tenders. This public tender process provides a high level of transparency for the disposition of this property and affords an opportunity for suitable experienced operators to submit their interest.

 

Shire officers in association with legal advice obtained and in consultation with WALGA procurement officers have developed a Request for Tender (RFT) document (see Attachment 1) and the draft Commercial Lease (see Attachment 2). During preparation of the RFT and in consultation with the panel members it was agreed that the Selection Criteria for the tender would be as follows:

 

a)  Experience                                  40%

b)  Performance and Operations 60%

 

The non-weighted cost method proposed is used where functional considerations such as capacity, quality and adaptability are seen to be crucial to the outcome of the lease. The evaluation panel will make a series of value judgements based on the capability of the Tenderers to complete the requirements and a number of factors will be considered including but not limited to the following:

 

a)  the qualitative ranking of each Tenderer; and

b)  the pricing submitted by each Tenderer.

 

Weighting and performance criteria have been set to reflect the interests of Council and ensure that a fair and equitable assessment process is applied through the tender process. More detail on the above proposed criteria weighting can be found in the RFT document (see Attachment 1).

 

Tender panel consists of:

 

·    Amy Green              WALGA Procurement Specialist;

·    Tim Graffen              Shire of Broome;

·    Peter McBride          Shire of Broome; and

·    Steven Harding        Shire of Broome

 

The below table includes a comparison of clauses from the current lease and the DRAFT Lease (see Attachment 2) 1 for Council’s information:

 

 

Current Lease

DRAFT Lease

Method entered into

Private Treaty

Public Tender

Rent

$342,305 + GST (16/17FY)

Market Value as determined by public tender process

Capital responsibility

Lessee to pay Lessor $100,000 to be utilised for capital works in the event the 5 year option is exercised. Approved works are by mutual agreement.

Lessee (repair)

Maintenance responsibility

Lessee

Lessee

Provision of financial information

Ability to examine

Provision of full financial information and yearly audit.

Term

5 years with a 5 year option (terminates 31 December 2017)

2 years 10 months (terminates in October 2020)

Rates

Payable by Lessee

Payable by Lessee

 

The current Lease identifies that the Lessee is to repay to the Lessor the cost of mutually agreed capital improvements to the value of $100,000 (or a different value mutually agreed by the parties) applied as a fee of $20,000 pa for the term of the lease.

 

Clause 13.2 of the DRAFT Lease (see Attachment 2) passes on all responsibility for maintenance and repair to the Lessee. There is however, no requirement for capital input by either the Lessee or Lessor during the term proposed. Clause 13.2 is included below:

 

The Tenant must maintain the Premises, Building and each Landlord's Fixture and the Plant and Equipment in the Premises clean and in good order, repair and safe condition including in respect of all repairs of a structural and capital nature.

 

The tender submission period is proposed to commence on 29 July 2017 and close 18 August 2017.

 

Overall, the RFT document and draft Lease are considered appropriate for the purposes of seeking tenders from suitable operators to manage the Roebuck Bay Caravan Park. Therefore, it is recommended that Council endorses the draft Lease for inclusion into the Request for Tender documentation and endorses the RFT documentation for advertising in accordance with the Local Government (Functions and General) Regulation 1996.

 

CONSULTATION

 

Ralston Bay Holdings – ongoing communications have been undertaken with Ralston Bay Holdings to communicate the process Council is undertaking to secure a new lease.

WALGA – engaged as the procurement consultant for the RFT.

Herbert Smith Freehills – engaged to develop the draft Commercial Lease.

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995 - Section 3.57

Local Government Act 1995 - Section 3.58

Local Government Act 1995 - Section 3.59

Local Government (Functions and General) Regulations 1996 - Section 11

Local Government (Functions and General) Regulations 1996 - Section 30

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

At the Ordinary Meeting of Council 10 April 2008 Council endorsed the lease of the Roebuck Bay Caravan Park for a period of 5 years with a 5 year extension. As advertised previously, a market valuation undertaken in 2013 identified valuation at $270,000. Income received in the 2016/17 financial year, in accordance with the current lease agreement, was $342,305 + GST.

 

It is proposed that the rental consideration be determined by the public tender process.

 

WALGA has been engaged to manage the tender and act as a panel member at a cost of $8,221 + GST. There will also be costs relating to tender advertising and travel costs if the WALGA panel member is required to attend Broome for any meetings.

 

Herbert Smith Freehills have been engaged to develop the draft Commercial Lease. Further costs are anticipated for legal fees to prepare the lease once the tender is finalised.

 

RISK

 

The Tender of the lease for the Roebuck Bay Caravan Park is required to ensure a new lease agreement is secured prior to the cessation of the current lease agreement on 31 December 2017. Delays in the procurement phase could impact the ability of Shire officers to have a signed lease agreement in place. The procurement services of WALGA have been engaged to ensure a smooth and transparent process is followed.

 

There is still significant potential for the RFT to be unsuccessful in generating interest from parties other than the current lessee. This is because the Shire does not have any financial information for the current caravan park operation which would assist an interested party in determining whether management of the park represents a sound financial decision. This risk is High and unavoidable at this point in time.

 

There is a financial risk to the Shire of Broome which is considered a Moderate risk, arising from the income the Shire receives from the Park being potentially compromised as the Shire looks to secure a new lease agreement. The rent is proposed to be in accordance with current market valuation which may be lower than the currently received rent. The Roebuck Bay Caravan Park currently generates approximately $370,000 in rental income per year.

 

There is a reputational risk to the Shire of Broome which is considered High which relates to the uncertainty felt by current permanent residents of the caravan park who believe they may be forced out under new management. Clarity around this issue has been included in the draft Commercial Lease.

 

STRATEGIC IMPLICATIONS  

 

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

 

Effective communication

 

Affordable services and initiatives to satisfy community need

 

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

 

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

 

A 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

 

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 P Matsumoto

That Council:  

1.       Endorses the Request for Tender document as shown in Attachment 1 of this report and requests that the Chief Executive Officer advertise the Request for Tender documentation in accordance with Local Government (Functions and General) Regulation 1996.

2.       Endorses the draft Commercial Lease Terms as shown in Attachment 2 of this report for inclusion into the Request for Tender documentation for the Lease of the Roebuck Bay Caravan Park.

CARRIED UNANIMOUSLY 7/0

 

Attachments

1.

Request For Tender - Management Lease Roebuck Bay Caravan Park (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)(c) as it contains “a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting”.

2.

Draft Commercial Lease - Roebuck Bay Caravan Park (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)(c) as it contains “a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting”.

   


10.

 

Reports

Of

Committees


MinutesOrdinary Meeting of Council 27 July 2017                                                                                    Page 476 of 536

 

 

10.1       BUSH FIRE ADVISORY COMMITTEE MEETING MINUTES - 14 JUNE 2017

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           AFC05

AUTHOR:                                                   Executive Support Officer - Development

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    23 June 2017

 

SUMMARY:         This report presents the minutes and associated recommendations of the Bush Fire Advisory Committee (BFAC) meeting held on 14 June 2017 for Council’s consideration.

This report also requests that Council endorse the appointment of a Skuthorpe Community representative to the BFAC. 

 

 

BACKGROUND

 

Previous Considerations

 

OMC 26 February 2015                     Item 10.3

OMC 30 April 2015                             Item 10.1

OMC 25 June 2015                            Item 10.3

OMC 30 July 2015                              Item 10.1

OMC 26 November 2015                  Item 10.3

OMC 30 June 2016                            Item 10.1

OMC 29 September 2016                 Item 10.2

OMC 23 February 2016                     Item 10.2

OMC 30 March 2016                         Item 10.3

 

The Bush Fire Advisory Committee (BFAC) meets quarterly to provide advice to the Shire of

Broome on:

 

1.    All matters relating to the prevention, controlling and extinguishing of bushfires.

2.    The planning and layout of fire breaks in the district.

3.    Prosecutions for breaches of the Bush Fires Act 1956.

4.    The formation of Bush Fire Brigades.

5.    Coordination and cooperation between agencies within the district.

 

COMMENT

 

The minutes of the BFAC meeting held on 14 June 2017 are included as Attachments 1 and 2 of this report.

 

At the meeting, the BFAC discussed the following items:

 

Item 5.1     Bush Fire Advisory Committee Contact List

 

The current contact list was reviewed and updated as applicable.

 

Item 5.2     Status Report

 

The status of actions from previous BFAC meetings were circulated and discussed.

 

Item 5.3     Updates from members

 

Updates were provided by BFAC members on their representative body’s bush fire management activities since the last BFAC meeting.

 

Item 6.1     Outcome from the call for Expressions of Interest

 

At the OMC held on 23 February 2017, Council endorsed the recommendation made by BFAC at its meeting on 7 December 2016 to seek Expressions of Interest (EOI) from the following communities to join the BFAC:

 

1x Community representative – Town of Broome

          1x Community Representative – Beagle Bay

          1x Community Representative – Dampier Peninsula

          1x Community Representative – Skuthorpe

 

The Shire did not receive any applications for the advertised positions for Town of Broome, Beagle Bay and Dampier Peninsula. It is a recommendation of this report that the positions be left vacant and readvertised in the annual EOI advertisement unless suitably qualitied applicants are identified.

 

A single application was received for the Skuthorpe position from Mr Darren Greenhill. Mr Greenhill’s application has been assessed by officers and he has been deemed a suitable candidate for the position. It is officers’ recommendation that Mr Greenhill’s application be accepted and that he be appointed to the role of Community Representative for the Skuthorpe area.

 

Committee Resolution:

(Report Recommendation)

Moved: Mr T Fish                                                        Seconded: Mr W Cooke

That the Bush Fire Advisory Committee recommends that Council:

1.       Accepts Darren Greenhill’s expression of interest and appoints him as the Skuthorpe Representative; and

2.         Resolves to leave the position of the Beagle Bay Community, Dampier Peninsula Community, Broome Townsite representative vacant until the next annual call for expressions of interest to the position or until a suitable candidate is identified.

CARRIED UNANIMOUSLY 15/0

 

 

CONSULTATION

 

As outlined in the Minutes attached.

 

 

STATUTORY ENVIRONMENT

 

Bush Fires Act 1954

 

Section 67 – Advisory committees

 

(1)     A Local Government may at any time appoint such persons as it thinks fit as a Bush Fire Advisory Committee for the purpose of advising the Local Government regarding all matters relating to the prevention, controlling and extinguishing of bush fires, the planning of the layout of firebreaks in the district, prosecutions for breaches of this Act, the formation of bush fire brigades and the grouping thereof under group brigade officers, the ensuring of co-operation and co-ordination of bush fire brigades in their efforts and activities, and any other matter relating to bush fire control whether of the same kind, as, or a different kind from, those specified in this subsection.

 

(2)     A committee appointed under this section shall include a member of the Council of the Local Government nominated by it for that purpose as a member of the committee, and the committee shall elect one of their number to be Chairman thereof.

 

(3)     In respect to a committee so appointed, the Local Government shall fix the quorum for the transaction of business at meetings of the committee and may:-

(a)     make rules for the guidance of the committee;

(b)     accept the resignation in writing of, or remove, any member of the committee, appoint a person to fill that vacancy.

(c)     where for any reason a vacancy occurs in the office of a member of the committee, appoint a person to fill that vacancy.

 

(4)     A committee appointed under this section:-

(a)     may from time to time meet and adjourn as the committee thinks fit;

(b)     shall not transact business at a meeting unless the quorum fixed by the Local Government is present;

(c)     is answerable to the Local Government and shall, as and when required by the Local Government, report fully on its activities.

 

POLICY IMPLICATIONS

 

Nil.

 

FINANCIAL IMPLICATIONS

 

Nil.

RISK

 

As outlined in the Minutes attached.

 

STRATEGIC IMPLICATIONS 

 

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

 

Effective communication

 

Accessible and safe community spaces

 

A healthy and safe environment

 

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

 

Sustainable and integrated strategic and operational plans

 

Responsible resource allocation

 

Effective community engagement

 

Improved systems, processes and compliance

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                               Seconded: Cr P Matsumoto

That Council: 

1.       receives the minutes of the Bush Fire Advisory Committee meeting held on 14 June 2017;

2.       endorses the recommendations put forward by the Bush Fire Advisory Committee at its meeting held on 14 June 2017; and

3.       accepts Darren Greenhill’s expression of interest and appoints him as the Skuthorpe Representative on the Bush Fire Advisory Committee; and

4.       resolves to leave the position of the Beagle Bay Community, Dampier Peninsula Community, Broome Townsite representative vacant until the next annual call for expressions of interest to the position or until a suitable candidate is identified.

CARRIED UNANIMOUSLY 7/0

 

Attachments

1.

BFAC 14 June 2017 Unconfirmed Minutes

2.

BFAC 14 June 2017 Attachments

  


Item 10.1 - BUSH FIRE ADVISORY COMMITTEE MEETING MINUTES - 14 JUNE 2017

 

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Item 10.1 - BUSH FIRE ADVISORY COMMITTEE MEETING MINUTES - 14 JUNE 2017

 

 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


MinutesOrdinary Meeting of Council 27 July 2017                                                                                    Page 497 of 536

 

 

The Shire President advised that a typographical error in Points 1 and 2 of the Report Recommendation where ‘8 March 2017 ‘ should read ’14 June 2017’ has been corrected for the purpose of the Minutes.

 

10.2       LOCAL EMERGENCY MANAGEMENT COMMITTEE MEETING MINUTES - 14 JUNE 2017

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           EMS02

AUTHOR:                                                   Executive Support Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    23 June 2017

 

SUMMARY:         This report presents the minutes and associated recommendations of the Local Emergency Management Committee (LEMC) meeting held on 14 June 2017.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 26 February 2015                     Item 10.2

OMC 30 April 2015                             Item 10.4

OMC 15 October 2015                     Item 10.1

OMC 26 November 2015                  Item 10.4

OMC 25 February 2016                     Item 10.2

OMC 30 June 2016                            Item 10.2

OMC 29 September 2016                 Item 10.1

OMC 23 February 2017                     Item 10.1

OMC 30 March 2017                         Item 10.2

 

The Local Emergency Management Committee (LEMC) is established by Council under section 38 of the Emergency Management Act 2005 (Act).  In accordance with section 39 of the Act, the functions of the LEMC are:

 

(a)  to advise and assist the local government in assuring that local emergency management arrangements are established for its district;

(b)  to liaise with public authorities and other persons in the development, review and testing of local emergency management arrangements; and

(c)  to carry out other emergency management activities as directed by the State Emergency Management Committee, or prescribed by Act.

 

COMMENT

 

The minutes of the LEMC meeting held on 14 June 2017 are included as Attachments 1 and 2 of this report.

 

At the meeting, the LEMC discussed the following:

 

Item 5.1     Local Emergency Management Committee Contact List

 

The current contact list was reviewed and updated as applicable.

 

Item 5.2     Status Report

 

The status of actions from previous LEMC meetings were circulated and discussed.

 

Item 5.3     Resource Register

 

The Resource Register was circulated, and members were requested to provide any updates to the Committee Secretariat where applicable.

 

Item 5.4     Incident Report

 

The 2017 Incident Report was circulated, and members were requested to provide any updates to the Committee Secretariat as needed.

 

Item 5.5     Training Schedule

 

The 2017 Training Schedule was circulated, and members were requested to provide any updates to the Committee Secretariat where applicable.

 

Item 5.6     Update from the Office of Emergency Management

 

An update was provided from the Office of Emergency Management and is included at Attachment 3 of this report.

 

Item 5.7     Review and update of the Child Protection and Family Support Broome Local Welfare Plan

 

The updated Local Emergency Management Plan for the Provision of Welfare Support was presented to members at the meeting by Megan Spence from the Department of Child Protection and Family Support. Members were requested to review the plan and provide any updates to Megan Spence.

 

Item 5.8     Updates from Members

 

Updates were provided by LEMC members on their representative body’s emergency management activities since the last LEMC meeting.

 

Item 6.1     Outcome from the call for Expressions of Interest

 

At the OMC held on 23 February 2017, Council endorsed the recommendation made by LEMC at its meeting on 7 December 2016 to seek Expressions of Interest (EOI) from the following community members to join the LEMC:

 

          1x Community Representative – Beagle Bay

 

The Shire did not receive any applications for the advertised position for Beagle Bay. The LEMC recommended that Council resolve to leave the position vacant, to be readvertised in the annual EOI advertisement unless suitably qualitied applicants are identified.

 

CONSULTATION

 

As outlined in the minutes attached.

 

STATUTORY ENVIRONMENT

 

Emergency Management Act 2005

 

Section 36 Functions of local government

 

It is a function of a local government —

 

(a)    subject to this Act, to ensure that effective local emergency management arrangements are prepared and maintained for its district;

(b)    to manage recovery following an emergency affecting the community in its district; and

(c)     to perform other functions given to the local government under this Act.

 

38 Local emergency management committees

(1)   A local government is to establish one or more local emergency management committees for the local government’s district.

(2)   If more than one local emergency management committee is established, the local government is to specify the area in respect of which the committee is to exercise its functions.

(3)   A local emergency management committee consists of —

(a)  a chairman and other members appointed by the relevant local government in accordance with subsection (4); and

(b)  if the local emergency coordinator is not appointed as chairman of the committee, the local emergency coordinator for the local government district.

(4)   Subject to this section, the constitution and procedures of a local emergency management committee, and the terms and conditions of appointment of members, are to be determined by the SEMC.

39 Functions of local emergency management committees

The functions of a local emergency management committee are, in relation to its district or the area for which it is established —

(a)  to advise and assist the local government in ensuring that local emergency management arrangements are established for its district;

(b)  to liaise with public authorities and other persons in the development, review and testing of local emergency management arrangements; and

(c)  to carry out other emergency management activities as directed by the SEMC or prescribed by the regulations.

 

Section 41 Emergency management arrangements in local government district

 

(1)     A local government is to ensure that arrangements (local emergency management arrangements) for emergency management in the local government’s district are prepared.

(2)     The local emergency management arrangements are to set out —

(a) the local government’s policies for emergency management;

(b)  the roles and responsibilities of public authorities and other persons involved in emergency management in the local government district;

(c)  provisions about the coordination of emergency operations and activities relating to emergency management performed by the persons mentioned in paragraph (b);

(d) a description of emergencies that are likely to occur in the local government district;

(e)  strategies and priorities for emergency management in the local government district;

(f)   other matters about emergency management in the local government district prescribed by the regulations; and

(g)  other matters about emergency management in the local government district the local government considers appropriate.

(3)     Local emergency management arrangements are to be consistent with the State emergency management policies and State emergency management plans.

(4)     Local emergency management arrangements are to include a recovery plan and the nomination of a local recovery coordinator.

(5)     A local government is to deliver a copy of its local emergency management arrangements, and any amendment to the arrangements, to the SEMC as soon as is practicable after they are prepared.

 

Section 42 Reviewing and renewing local emergency management arrangements

 

(1)     local government is to ensure that its local emergency management arrangements are reviewed in accordance with the procedures established by the SEMC.

(2)     Local emergency management arrangements may be amended or replaced whenever the local government considers it appropriate.

 

Section 43 Local emergency management arrangements to be available for inspection

 

(1)     A local government is to keep a copy of its local emergency management arrangements at the offices of the local government.

(2)     The arrangements are to be available for inspection, free of charge, by members of the public during office hours.

(3)     The arrangements may be made available in written or electronic form.

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

Nil

 

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

 

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

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                               Seconded: Cr B Rudeforth

That Council:

1.       receives the minutes of the Local Emergency Management Committee held on 14 June 2017;

2.       endorses the recommendations made by the Local Emergency Management Committee at its meeting held on 14 June 2017; and

3.       resolves to leave the position of the Beagle Bay Community representative vacant until the next annual call for expressions of interest to the position or until a suitable candidate is identified. 

CARRIED UNANIMOUSLY 7/0

 

Attachments

1.

LEMC 14 June 2017 Unconfirmed Minutes

2.

LEMC 14 June 2017 Attachments

  


Item 10.2 - LOCAL EMERGENCY MANAGEMENT COMMITTEE MEETING MINUTES - 14 JUNE 2017

 

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Item 10.2 - LOCAL EMERGENCY MANAGEMENT COMMITTEE MEETING MINUTES - 14 JUNE 2017

 

 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator 


Minutes – Ordinary Meeting of Council 27 July 2017                                                                        Page 532 of 536

11.       Notices of Motion

 

Nil.

 


MinutesOrdinary Meeting of Council 27 July 2017                                                                                    Page 533 of 536

 

12.       Business of an Urgent Nature

 

12.1       NYAMBA BURU YAWURU RATES EXEMPTION APPLICATION

This item is located in these Minutes under Section 14, Matters To Be Discussed Behind Closed Doors.

 


Minutes – Ordinary Meeting of Council 27 July 2017                                                                        Page 534 of 536

 

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

 

Nil.

 

14.       Matters Behind Closed Doors

 

Council Resolution:

Moved: Cr D Male                                                    Seconded: Cr C Mitchell

That the meeting be closed to the public at 5.37pm.

CARRIED UNANIMOUSLY 7/0

 

Members of the Public departed the Chambers at 5.37pm.

 


Minutes – Ordinary Meeting of Council 27 July 2017                                                                        Page 536 of 536

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 12.1 Cr P Matsumoto declared a Financial Interest as “member and board director NBY native title holders PCB” and departed the Chambers at 5.37pm.

With regard to Item 12.1 Cr B Rudeforth disclosed that “I have an association  with NBY as a member of Yawuru PBC”.

12.1       NYAMBA BURU YAWURU RATES EXEMPTION APPLICATION

LOCATION/ADDRESS:                             Various

APPLICANT:                                              Nyamba Buru Yawuru

FILE:                                                           ARA11, ARA11.1

AUTHOR:                                                   Director Corporate Services

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Corporate Services

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    24 July 2017

 

SUMMARY:         Following Council’s refusal of various objections to the rate record, Nyamba Buru Yawuru Limited (NBY) has referred these decisions to the State Administrative Tribunal (SAT) to be considered at a determination hearing scheduled for commencement on 31 July 2017. Further to an approach from NBY a proposed “without prejudice” settlement offer addressing all matters currently before the SAT has been negotiated and is now presented to Council for formal consideration.

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                               Seconded: Cr B Rudeforth

That Council: 

1.       Enters into a Deed of Settlement with Nyamba Buru Yawuru under the terms contained in Attachment 1 of this report;

2.       Authorises the Chief Executive Officer and Shire President to engross all documentation as required; and

3.       Requests that the Chief Executive Officer instruct Council’s legal representatives to advise the State Administrative Tribunal of settlement.

CARRIED UNANIMOUSLY 6/0

 

 Attachments

1.

Attachment 1 - Draft Nyamba Buru Yawuru Deed of Settlement

2.

Attachment 2 - NBY SAT Shire Counter Offer 24 July 2017

3.

Attachment 3 - HSF Letter of Advice - Settlement Offer


 

Council Resolution:

Moved: Cr C Mitchell                                               Seconded: Cr M Fairborn

That the Meeting again be open to the public at 5.58pm.

CARRIED UNANIMOUSLY 7/0

 

Cr P Matsumoto returned to the Chambers at 5.58pm. The Council Chambers were opened and members of the public also returned to the Chambers. The Chairman read aloud the resolution passed for the benefit of Cr P Matsumoto and members of the gallery.

 

 

15.       Meeting Closure

 

There being no further business the Chairman declared the meeting closed at 5.59pm.