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

 

 

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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

 

 

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

 

 

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

 

 

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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

 

 

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Item 9.2.3 - PARTIAL CLOSURE MANDORA MARSH ROAD

 

 

 

 



Item 9.2.3 - PARTIAL CLOSURE MANDORA MARSH ROAD

 

 

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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

 

 

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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

 

 

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

 

 

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

 

 

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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;