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

 

7 September 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 7 September 2017                                                              Page 4 of 1404

 

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

 

 

 

 

LOA

 

 

 

 

2017

29 June

 

 

 

A

LOA

 

 

 

 

2017

27 July

 

A

 

 

LOA

 

 

 

 

2017

7 September

A

 

 

 

LOA

 

 

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 7 September 2017                                                                          Page 6 of 1404

 

SHIRE OF BROOME

Ordinary Meeting of Council

Thursday 7 September 2017

INDEX – Minutes

 

1.               Official Opening.. 7

2.               Attendance and Apologies. 7

3.               Declarations Of Financial Interest / Impartiality. 8

4.               Public Question Time. 8

5.               Confirmation Of Minutes. 11

6.               Announcements By President Without Discussion.. 11

7.               Petitions. 11

8.               Matters For Which The Meeting May Be Closed.. 12

9.               Reports of Officers. 13

9.1      Our People. 14

9.1.1     BRAC 1 YOUTH BIKE PRECINCT MASTERPLAN.. 15

9.1.2     DEPARTMENT OF LOCAL GOVERNMENT, SPORT & CULTURAL INDUSTRIES - COMMUNITY SPORTING & RECREATION FACILITIES FUND 2018 - 19. 146

9.2      Our Place. 208

9.2.1     CHANGE TO INTERTIDAL BOUNDARIES FOR TOWN BEACH REVETMENT WALL AND FISHING PLATFORM AT TOWN BEACH.. 209

9.2.2     LOCAL GOVERNMENT PARKING AND PARKING FACILITIES LOCAL LAW AMENDMENT LOCAL LAW (2) 2017. 213

9.2.3     ADOPTION OF THE BROOME TOWNSITE COASTAL HAZARD RISK MANAGEMENT AND ADAPTATION PLAN.. 275

9.2.4     ADOPTION OF PROPOSED SCHEME AMENDMENT NO.7 TO LOCAL PLANNING SCHEME NO.6 - OMNIBUS AMENDMENT. 641

9.2.5     APPLICATION FOR DRY CLEANING PREMISES - LAUNDRY IN ASSOCIATION WITH AN EXISTING TOURIST DEVELOPMENT. 722

9.2.6     UNMANAGED DRAINAGE AND RECREATION RESERVE 41279 - DE MARCHI ROAD.. 750

9.2.7     UNMANAGED PEDESTRIAN ACCESS WAY RESERVE 34414 - ANNE STREET AND PRYOR DRIVE. 756

9.2.8     CONSTRUCTION OF A VOLUNTEER BUSHFIRE BRIGADE HEADQUARTERS. 763

9.2.9     TRANSFER OF LAND TO FACILITATE BROOME NORTH - STAGE 2. 770

9.3      Our Prosperity. 776

9.3.1     COLD STORAGE LOGISTICS HUB FEASIBILITY STUDY. 777

9.4      Our Organisation.. 784

9.4.1     MONTHLY PAYMENT LISTING - JULY 2017. 785

9.4.2     MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT JULY 2017. 808

9.4.3     EXECUTION OF DOCUMENTS ON BEHALF OF THE SHIRE OF BROOME. 921

9.4.4     MINUTES OF THE JOINT MEETING OF THE KIMBERLEY ZONE OF WALGA AND REGIONAL COLLABORATIVE GROUP HELD 30 JUNE 2017. 929

9.4.5     MINUTES OF THE JOINT MEETING OF THE KIMBERLEY ZONE OF WALGA AND REGIONAL COLLABORATIVE GROUP HELD 31 JULY 2017. 1322

10.            Reports of Committees. 1402

Nil

11.            Notices of Motion.. 1404

12.            Business of an Urgent Nature. 1404

13.            Questions By Members Of Which Due Notice Has Been Given.. 1404

14.            Matters Behind Closed Doors. 1404

15.            Meeting Closure. 1404

 


MinutesOrdinary Meeting of Council 7 September 2017                                                                          Page 8 of 1404

 

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 7 September 2017, COMMENCING AT 5.00pm.

 

1.         Official Opening

 

The Chairman welcomed Councillors, Officers and members of the public and declared the meeting open at 5.00pm.

 

2.         Attendance and Apologies 

 

Attendance:               Cr H Tracey                 Deputy Shire President

                                      Cr M Fairborn

                                      Cr W Fryer

                                      Cr D Male

                                      Cr P Matsumoto

                                      Cr B Rudeforth

 

Leave of Absence:             

 

The Chairperson noted that a Leave of Absence was granted to Cr D Male for the Ordinary Meeting of Council to be held 31 August 2017 however was no longer required.

 

The Chairperson also noted that a request for a Leave of Absence was received from Cr W Fryer for the Ordinary Meeting of Council to be held 31 August 2017 however was no longer required.

 

A written request for a Leave of Absence from the Ordinary Meeting of Council to be held 7 September 2017 was received from Cr E Foy:

 

Council Resolution:

Moved: Cr B Rudeforth                                             Seconded: Cr D Male

That a Leave of Absence for Cr E Foy be granted for the Ordinary Meeting of Council to be held 7 September 2017

CARRIED UNANIMOUSLY 6/0

 

A written request for a Leave of Absence for all meetings of Council and Committees held from 7 September to 12 October 2017 was received from Cr C Mitchell:

 

Council Resolution:

Moved: Cr P Matsumoto                                          Seconded: Cr M Fairborn

That a Leave of Absence for Cr C Mitchell be granted for all meetings of Council and Committees held from 7 September to 12 October 2017 inclusive.

CARRIED UNANIMOUSLY 6/0

 

 

 

Apologies:                   Cr R Johnston             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:            Katrina Comito           Pearl Sea Laundry

                                      Paul Comito                Pearl Sea Laundry

                                      Sally Dobel

                                      Ken Paterson

                                      Kim Malone                 Broome Bowling Club

                                      Glenn Cordingley      Broome Advertiser

                                      Matthew Hill                Notre Dame

                                      Joy Hill                          St Mary’s College

                                      Ross Lampard             Broome Bowling Club

                                      Cecile O’Connor       ABC

                                      Jakeb Waddell           Broome Advertiser

                                      Helen Capsalis            St Mary’s

                                      Kevin May                   Broome Bowling Club

                                      Lesley Morris

 

3.         Declarations Of Financial Interest / Impartiality

 

FINANCIAL INTEREST

Councillor

Item No

Item

Nature of Interest

Cr D Male

9.3.1

COLD STORAGE LOGISTICS HUB FEASIBILITY STUDY

Financial – client of my business.

 

IMPARTIALITY

Councillor

Item No

Item

Nature of Interest

Nil.

 

4.         Public Question Time

 

The following questions were received from Lesley Morris prior to the meeting:

 

Question One:

Last week the Shire’s contractor was at 12-Mile clearing the road verges and that is very much appreciated. What is not appreciated is that, I believe under instruction from one of your Shire Officers, the dirt, scrub and trees removed from the verges was being dumped into what I believe is a compensating basin (storm water collection pit) at the end of Kanagae Drive. We as a community continually have to deal with the dumping of rubbish, debris etc in the bush. We have just been through a serious tightening up and enforcement of firebreak rules this year so why is the Shire dumping into what I believe is a storm water collection pit and potentially adding flammable materials to our surrounding bush?

 

Response provided by Director Infrastructure:

In your question you make reference to a drainage compensation Basin, by way of clarity the area that you refer is not a drainage compensation Basin but rather an old borrow pit.  The old borrow pit that has been used by the residents of 12 Mile and others for many years.

 

The lay of the land indicates that overland flow is generally WNW which is away from the properties. There is no reason why a compensating basin would be constructed downstream of any drainage system they are generally located at the upstream side to allow for the drainage system to cater of excessive flows. 

 

The shire of Broome are carry out the works which involved removing vegetation from the invert of the drains which includes some of the vegetation being placed temporarily in a location at the end of Kanagae Road where it meets Chi street. This is to be removed in the near future when all works are completed.

 

It should be noted that there are a number of piles of dirt general rubbish and vegetation as well as some white goods that have been dumped at the location which are certainly not related to Council activities.

 

Question Two:

Does the Shire have a duty of care to:

(a)    dispose of flammable materials so as not to cause risk or in this case additional risk to others? And,

(b)    if what I believe is a compensating basin is being used to dump the dirt, scrub and trees and a person suffers damage to their property due to that filling, whether it be a compensating basin or not, could the Shire be liable to pay compensation for damages?

 

Response provided by Director Infrastructure:

The small volume of vegetation that you are referring to is minor in relation to the other materials that have been dumped at the site and the nature of the bushland surrounding the borrow pit area. The suggestion that Council has added combustible material to the area is overstated given that all Councils stored vegetation is to be removed at the end of the works in the area. In addition to this it should be noted that Council maintains the roads and drains within the 12 mile area on an annual basis to minimise any impacts on local residents.

 

********

 

The following questions were received from Katrina Comito prior to the meeting:

 

Question One:

My husband Paul and I have owned Pearl Sea Laundry Services for the past 19 years. We recently purpose built a commercial laundry in Blue Haze, a commercial zoned area, and we met the strict Health and Planning regulations set out by the Shire of Broome. On 29th June 2017 an advert was placed in the Broome Advertiser by the Shire of Broome advertising for Public Comment for a proposed “Dry Cleaning Premises” at Kimberley Sands Resort. When we were eventually able to view the application, we found that it is not a Dry Cleaning Service that Kimberley Sands Resort is proposing, it is in fact an expansion of an existing in-house laundry to become a commercial laundry. The application lists 3 commercial washing machines and 3 commercial dryers and NO Dry Cleaning equipment. The application clearly states that Kimberley Sands wishes to provide laundry services (washing sheets and towels) to another resort and “potentially other properties”. It is not a guest laundry, it is not a laundromat and it is not a dry cleaner. As they will be charging other properties a fee for laundry services this would mean they will be operating a Commercial Laundry in a Tourist Zone with no requirement to meet Health and Planning approvals as Pearl Sea has had to in the Commercial Zone area of Blue Haze. In relation to Item 9.2.5 of the Agenda for today’s Council Meeting why was the application for “Dry Cleaning Premises” considered and the recommendation made when it is an application for a Commercial Laundry which is not a preferred land use as stated in the Cable Beach Development Strategy.

 

Response provided by Director Development and Community:

As outlined in Agenda Item 9.2.5, Local Planning Scheme No. 6 does not have a specific land use definition for a laundry.  However, it does have the defined land use ‘dry cleaning premises’. When assessing an application and determining the land use permissibility under the Local Planning Scheme, all defined land uses are reviewed and if it can be determined that the activity falls within the type or class of a defined land use then this is to be used.

 

It is noted that there is a difference between dry cleaning, which typically uses chemicals to clean materials, and a laundry, which uses water.  However, as both activities involve the cleaning of garments and fabrics, a laundry is deemed to be in the same class or genus of activity as a ‘dry cleaning premises’ and therefore is a discretionary land use in the Tourist Zone.

 

Dry cleaning is listed as a preferred land use activity in the Cable Beach Development Strategy as the Strategy reflects the defined land uses in the Local Planning Scheme.  What is proposed as part of this development application is a less intensive land use than a dry cleaning premises and therefore while a laundry is not specifically mentioned in the Strategy, given a dry cleaning premises is a preferred land use, this application is consistent with the Strategy.

 

Question Two:

Will Councillors approve a Commercial Laundry to operate in a Tourist Zone?

 

Response provided by Chairman:

Council will consider agenda item 9.2.5 at tonight’s meeting.

 

The Chairman sought clarification from the Director Development and Community:

Within the Cable Beach Development Strategy, is a commercial laundry an approved operation?

 

Response provided by Director Development and Community:

Local Planning Scheme 6 does not have a definition for laundry, only for dry cleaning. The commerciality aspect is not a consideration. That particular land use is in the same class as a dry cleaning premises whereby both involve cleaning of garments and fabric and is therefore considered to fall within the definition of dry cleaning. The Cable Beach Development Strategy was developed in accordance with Local Planning Scheme 6 and will therefore use the same definitions. The land use definition falls within the scope of a dry cleaning premises.

 

Further clarification was sought from the Chairman:

Is there wording that says a commercial laundry is not a preferred land use?

 

Response provided by Director Development and Community:

No, that wording is not used in Local Planning Scheme 6. The commercial aspect is relevant as to whether the site needs to be registered as an offensive trade under the Health Local Law 2016.

 

The Chairman sought clarification from Katrina Comito:

Have you read the wording on this within the Strategy?

 

Response provided by Katrina Comito:

Along the lines of laundromat with no more than 10 machines. Kimberley Sands has 12, and another 7 in the in-house laundry. If they operate an in-house laundry to provide services to other resorts that would be our concern as they already have an onsite guest laundry. The summary of their application is that it is going to be a guest laundry but if they are charging a fee for the job that they are doing, we don’t think it is fair that they don’t have to fit within the guidelines that we’ve had to fit into.

 

5.         Confirmation Of Minutes

 

Council Resolution:

Moved: Cr P Matsumoto                                          Seconded: Cr M Fairborn

That the Minutes of the Ordinary Meeting of Council held on 27 July 2017, as published and circulated, be confirmed as a true and accurate record of that meeting.

CARRIED UNANIMOUSLY 6/0

 

6.         Announcements By President Without Discussion

 

6.1     The Chairman referred to the presentation prior to the commencement of the meeting given to Joel Hill of St Mary’s College who designed the winning Best Secondary School Banners in the Terrace entry for the WALGA Local Government Convention 2017.

 

6.2     The Chairman advised the State Government had today announced the State Budget which included the following funding for Broome:

·                $9.7m to upgrade boat facilities at Town Beach and Entrance Point

·                $1m towards planning for a new Boat Harbour

 

7.         Petitions

 

Cr D Male presented a petition from Kevin May, President of the Broome Bowling Club, requesting to ‘retain an onsite caretaker in temporary accommodation prior to the completion of permanent structure.”

 

Cr H Tracey presented a petition from Nancy Kennedy requesting ‘the Shire of Broome introduce a ban against the provision of soft plastic shopping bags from retail outlets in Broome and settlements on the Dampier Peninsula”.

 

The petitions were accepted and items would be presented to the next Ordinary Meeting of Council.

 

8.         Matters For Which The Meeting May Be Closed

 

Under section 5.23 (2)(d) of the Local Government Act 1995 Council may resolve to move the meeting behind closed doors.



 

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 7 September 2017                                                                        Page 25 of 1404

 

 

9.1.1      BRAC 1 YOUTH BIKE PRECINCT MASTERPLAN

LOCATION/ADDRESS:                             Res 42502

APPLICANT:                                              Nil

FILE:                                                           RCS24

AUTHOR:                                                   Club Development Officer

CONTRIBUTOR/S:                                    Manager Sport & Recreation

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    9 August 2017

 

SUMMARY:         This report presents the public feedback received on the draft BRAC 1 Youth Bike Precinct Masterplan for Council’s consideration. The report recommends that Council note the feedback, and endorse the Masterplan as an informing document for the implementation of youth/recreation infrastructure at the BRAC 1 Youth Bike Precinct. 

 

 

BACKGROUND

 

Previous Considerations

 

OMC July 2016                                   Item 9.2.5

OMC November 2016                       Item 9.2.2

OMC June 2017                                 Item 9.1.3

 

At the November 2016 Ordinary Meeting of Council, Council adopted the Broome Recreational Trails Masterplan and Marketing Plan as informing strategies to the Shire’s Integrated Planning and Reporting Framework. It also agreed to consider recommendations in the Masterplan to inform future investment decisions.  One of the recommendations arising from the Recreational Trails Masterplan was the development of a Youth Precinct at BRAC.

 

As a result, Council reallocated $40,000 from the 2016/17 Annual Budget GL account – 113394 towards developing a Masterplan for the BRAC 1 Youth Precinct.

 

Consultants were appointed in January 2017 with a focus on four key areas.

1.    Consult with the community around what is desired at the site with the focus on key youth activities including running, cycling/bike groups and youth groups including the Shire of Broome Youth Advisory Council.

2.    Detailed plans for the potential recreational facilities at the site with a focus on youth related activities.

3.    Site assessment and recommendations into feasibility of permanent infrastructure on the reserve.

4.    A long term maintenance/management plan.

 

At the June 2017 Ordinary Meeting of Council, Council agreed to receive the draft BRAC 1 Youth Bike Precinct Masterplan and requested that the Chief Executive Officer advertise the document to seek community feedback for a period of four weeks, and present any submissions to Council for future consideration.

 

The Masterplan includes a proposed staging plan, costings, funding options and a maintenance and management plan, and recommends priority projects for the BRAC 1 Youth Bike Precinct site.

 

It is widely acknowledged there is currently no bike related facility for local youth in Broome, despite the activity being one of the most popular. The Masterplan has been broken down into three stages with a focus on activating the site as soon as possible to meet the growing demand.

 

COMMENT

 

The draft Masterplan was prepared by UDLA and informed by extensive community engagement.  The Masterplan proposes that the following items be included in the BRAC 1 Youth Bike Precinct in stages:

·     Mountain bike pump track – of asphalt construction and on the higher ground in the site;

·     Mountain bike trail – located on higher ground in the site, approximately 1 km in length;

·     Mountain bike skill component – variations to the riding surface incorporated at different points of the bike trail;

·     Walk path – to encircle the site near its boundary;

·     Informal jump area – designated area for the creation of a jumps course, to be created by the community;

·     Youth Precinct car parking – formalised car park to service the Youth Precinct, constructed as an extension to the existing BRAC car park;

·     Shade shelter – mountain bike trail head and pump track facilities – combined facilities and rest area for cross country trail and pump track;

·     Shade shelter – BBQ and picnic area – provision of general amenity such as shade, seating areas, BBQs and drink fountains, centrally located to service users of various recreational elements;

·     Open lawn for temporary events and recreation – open lawn area for events, pop up traders, food vans, workshops, exercise groups, casual kick about, etc;

·     Stage and hardstand for event use – proposed stage and linear hardstand area adjacent to lawn to accommodate temporary events such as shows, pop up vans, etc;

·     Street sports courts – can accommodate multiple sports on the one court (eg. basketball ring and soccer goal) with one being a caged court to contain balls within the space;

·     Kids safety bike track and play elements – close to lawn and site entrance, separated from access road, including play elements such as logs, rocks, slides, etc;

·     Art opportunity at high profile entrance points and near rest areas – opportunity for inclusion of public art;

·     Low key mountain bike loops through drainage area – opportunity to extend the trail length by including low key loops through the drainage areas;

·     New dual use path along Frederick Street – inclusion of footpath along the northern side of Frederick Street and along access road to encourage walking and cycling to the site and between BRAC and The Boulevard;

·     Internal access roads – creation of an inviting, safe access way connecting the site, BRAC and Frederick Street;

·     BMX track and spectator facilitates – track of asphalt and concrete construction large enough to host events and formalised 8 person races; and

·     Gates for connection with the BRAC oval – addition of a series of gates through the current garrison fence.


The draft Masterplan includes a detailed implementation plan, which stages the implementation of the elements of the precinct and includes probable costings. Information on the estimated costs of implementing Stage 1 is included under the Financial Implications heading below.  It also includes a maintenance and management plan for the precinct.

 

The Masterplan was released for public comment from 7 July - 4 August 2017. A survey was developed to assist with focussing feedback on key questions related to the site, and the draft Masterplan was promoted through local media, Shire news and social media. Three separate media interviews (ABC, Goolarri Media and Spirit FM) were undertaken promoting the Masterplan, and the public feedback forms and information display boards were placed in both the Shire Administration building and Broome Recreation and Aquatic Centre. Emails were also sent to all people engaged in the consultation process during the development of the Masterplan.

 

Following the feedback period, the response was overwhelmingly positive. The feedback is summarised below and in Attachments 2 and 3 to this report. As a result, officers consider it necessary to make only a minor amendment to the draft Masterplan, this being to include lighting of the facility in Stage 1 of the Masterplan (rather than stage 2).  This change is recommended to ensure safety and security at the site and is in response to feedback received regarding the importance of lighting being provided in the early stages of the Precinct’s development.

 

Therefore, it is recommended that Council endorse the Masterplan as shown in Attachment 1 as an informing document for the implementation of youth/recreation infrastructure at the BRAC 1 Youth Bike Precinct. 

 

CONSULTATION

 

There were 35 responses to the BRAC 1 Youth Bike Precinct Masterplan survey. The following responses were received.

 

Are you supportive of the BRAC 1 Youth Bike Precinct?

 

Yes: 34 respondents

 

No: 1 respondent

 

There was one comment provided for this question:

 

-      It will create a hang out for the delinquents that are over running the town. It won’t be safe to go there if they hang out in gangs. How long until they destroy or burn everything. Don’t waste rate payers money.

 

Is there anything you would like to change on the plan?

 

Yes: 12 respondents

 

No: 22 respondents.

 

There were 11 comments provided for this question:

 

-      It would be a major shame to build this and not include a skate park, including a ramp and bowl. As I used to own the skate shop at the Boulevard I can assure you there is a huge interest not only from the local youth but the many young tourists and the kids that come with their parents. There is not a huge amount for kids to do whilst the parents are busy. Being able to bring their own skateboard or scooter on holidays knowing that Broome has a quality park would be a huge attraction.

 

-      Proper skate park.

 

-      I would like more grass for families to play on while bigger kids ride their bikes. If #10 is for toddlers I think this needs to be bigger and possibly not next to the car park.

 

-      Don't build it.

 

-      Add fitness equipment corresponding to walking track. Community garden to be included. Water fountains along walk track and at each site. Native trees to include bush food. Art opportunity to incorporate places for Shinju art for after Shinju. Disability access to all areas to be considered.

 

-      Adding a skate track, or a path without edges so skating on blades or quads is   

smooth.

 

-      Design needs to be cross purpose ...great for the community ...and attraction for visitors.

 

-      LED Lighting for security and evening use.

 

-      Consideration has not been given to the significant barrier that Frederick St and Cable Beach Roads pose to people accessing the site on foot/bike. There is heavy traffic, no islands on CB Rd, a small awkward island to the Boulevard and a larger safer island opposite Jewell St, but too far away to be of use. There needs to be islands opposite the skate park and Miller Park, and bring forward from stage 2 to stage 1 your footpath.

 

-      Is there a safe area for kids aged under 5 where they will be at less risk of the bigger kids zooming past?

 

-      More shade.

 

What components listed below should be constructed as a priority?

 

MTB Pump Track 25

 

33% or 11 respondents listed as no 1 priority.

2a MTB Trail 29

 

45% or 15 respondents listed as no 1 priority.

2b MTB Skill component 19

 

3% or 1 respondent listed as no 1 priority.

Walk/run path 13

 

6% or 2 respondents listed as no 1 priority.

Informal jump area 9

 

9% or 3 respondents listed as no 1 priority.

Youth Precinct Car parking. 5

 

6% or 2 respondents listed as no 1 priority.

 

Would you like to be involved in the development or management of the site?

 

Yes: 12 respondents

 

No: 23 respondents

 

 

There were 14 other comments received in the survey responses regarding the proposed plan.

 

-      Would be good to also use site for xtreme water park in the season, currently xtreme water park operates in summer in Perth could relocate to Broome in winter.

 

-      Place lots of lights and security cameras or have it regularly patrolled.

 

-      I think the proposed upgrades to Town Beach, Cable Beach and adjacent the Boulevard are Great Ideas. I also believe the Frederick St upgrade could include an off-leash dog park. If done correctly it would encourage responsible dog owners to interact together and socialise their pets in a friendly area other than at the beach, therefore reducing some of the issues faced currently at the beach. I would love to be involved in this as I have a great reputation in Dog Management at an interstate Council and helped implement some successful strategies.

 

-      I would like to see a new skate park added to the site as the current one is too small, for the amount of people who use it. One like the skate park in the Fremantle Youth precinct is ideal as caters for all ages and skill level. I am also supportive of a Parkour area as a great gross motor and sensory activity for older children who have grown out of the traditional playgrounds. Otherwise it looks fantastic.

 

-      Great idea. Worked with group that was involved with the trails around Mundaring and Kalamunda, WA, and it has done a lot to revitalise the area and feel it would be really good for the local area, Will be attractive to people of all ages.

 

-      I'm not happy for my rates increasing & services cut from my home yet money is available to waste on some place for kids to hang out together in gangs. I wouldn't feel safe taking my children there. Have you factored in the cost of replacing everything that gets burnt down? You are welcoming antisocial behaviour and paying for it with rate payers money.

 

-      Great idea

 

-      Possible fencing along Boulevard and Park connection to only allow access at rear and front of Boulevard as loading truck use that road often. Possible hazard with kids using it as a short cut.

 

-      Bike Riders love Broome, Numbers are big and all age groups, do it soon ok.

 

-      I don't know if the shire is planning to add more skate facilities in its upcoming developments, but it would be wonderful if more could be done in that area, especially for the bigger kids and teenagers, within this area or at town beach.

 

-      Native plants and shade trees, improve visual amenity and access along Frederick St in first stage, consider dust management for areas waiting next stage development.

 

-      There appears to be a big focus on mountain biking which is great but possibly represents the views of who was at the meetings. I believe that there needs to be more thought given to the young, growing and facility poor Broome North suburb as this will be an area that requires things for young people to do in the future. It would be good to see a proper oval there for footy or cricket with nets, and even a pavilion which could be a real community focal point in this area. This is something that is missing there and it could be used in a myriad of ways.

 

 

In addition, two emails were received from the key stakeholders with the following feedback:

 

Krissie Dickman, LGSCI Regional Manager

 

-        The project ranks as a high program priority as it is a new physical activity space and I believe that the Shire of Broome would be able to demonstrate a strong need with the appropriate supporting information in the grant application.  The funding strategy is technically eligible, but in a competitive process it may come up against similar ranking project that have lessor risk for the State and larger local buy in.  To clarify that statement, the current strategy presents a ratio 2:1 for funding with the State contribution to be 66% and the Shire less than 33%.  A ratio of 1:1 or 1:2 would present a stronger case in a competitive round.

 

Vince McQuillen, PrimeWest (see Attachments 4, 5 and 6)

 

-        PrimeWest as the owners of the Broome Boulevard Shopping Centre are pleased to provide our support to the Council’s proposed Cycle Park initiative. We believe this development will be of significant value to the local community and provide excellent active recreational opportunities for young people in the area. We commend the council on this proposed initiative and would be please to offer our support in any way feasible to assist in the delivery of this vision.

Furthermore, to assist in integrating the proposed cycle park with our existing centre we would be pleased to construct, at our expense, an additional section of footpath with associated at grade pedestrian crossings as shown on the attached concept plan. We would also like to propose the construction of a new entry statement/shelter at the boundary of the two properties to serve as a wayfinding aid and help to strengthen safe pedestrian linkages between the new cycle park and our centre.  The proposed path (refer aerial photo) would also provide safe passage behind the existing petrol station and provide ample protection to pedestrian/cyclist from the heavy vehicle loading area of the centre.

In addition to the above we would also like to propose a community design competition for a new public art installation which would also serve as a bicycle rack facility at the entrance to our centre (please refer attached example images) We believe this design completion would provide an opportunity for positive youth engagement and help to strengthen the local community’s connection with the new cycle facilities.

         

STATUTORY ENVIRONMENT

 

Local Government Act 1995

 

Section 3.18       Performing executive functions

 

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

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

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

(c)  are managed efficiently and effectively.

 

POLICY IMPLICATIONS

 

Policy 5.1.10 Community Engagement

 

FINANCIAL IMPLICATIONS

 

The consultants who prepared the draft Masterplan have recommended a three stage implementation plan to develop the site in its entirety. Should Council choose to endorse the Masterplan, the costings identified in the Masterplan will need to be incorporated into the Shire’s Long Term Financial Plan.

 

The balance of Stage 1 is proposed to be funded through grant funding and in-kind support. The projects listed in Stage 1 are as follows:

 

 

Description

Cost

Pump Track

$229,650

Bike trail including skill components

$90,250

Walking track/path

$48,500

Informal jump area

$2,000

Car parking

$92,000

Lighting

$50,000

Sub total

$512,400

Preliminaries (9%)

$46,116

Design (7%)

$35,868

Contingency (15%)

$76,860

Works total

$671,244

 

The main funding programs being targeted for Stage 1 are the Department of Local Government, Sport and Cultural Industries (DLGSCI) Community Sport & Recreation Facilities Fund (CSRFF) and Lottery West’s Community Outdoor Spaces grants.

 

DLGSCI has indicated that they will not fund the trails components of the project as it better aligns with Lottery West’s funding streams, and this meaning that the CSRFF grant application will focus solely on the pump track.

 

Lottery West has indicated the project meets their key selection criteria, but has suggested there may be a reluctance to fund another project in the Shire of Broome whilst other significant funded projects are not complete. Therefore, a larger amount of corporate in-kind contribution could be required to activate the site.

 

In order to activate the site and maintain momentum following the consultation period and the development of the Masterplan, it is intended that officers apply for funds from DLGSCI for the pump track only through the CSRFF and attempt to source funds for the remaining components of Stage 1 when other key Lottery West funded projects are further progressed and therefore opportunities to apply to agencies such as Lottery West become available.

 

With the lack of funds immediately available and to avoid competing for funds with other key projects taking place within the municipality, officers have requested a revised/scaled down version of the proposed pump track to provide a more affordable option for Stage 1. The estimate of quantities keeps the project at $200,000 for the pump track component of the Masterplan (Attachment 7), requiring a $100,000 local contribution to leverage funding from the CSRFF Small Grants Program. 

 

The current 2017/18 budget has the Youth Bike Precinct funding strategy as follows:

 

Project

Funds

Muni funds

$34,870

Department of Sport and Recreation

$45,000

Lottery West

$60,000

In kind

$20,000

BRAC 1 Youth Bike Precinct

$159,870

 

With the unlikelihood of Lottery West funds becoming available until other funded projects in the region are further progressed, and DLGSCI only funding the pump track; to proceed with installation of the pump track component only the funding strategy is proposed as follows:

 

Shire/Local contribution

$100,000

Dept Local Govt, Sport & Cultural Industries

$100,000

Total project cost

$200,000

 

The Shire/local contribution is now proposed to consist of the amounts shown below:

 

Project

Funds

Muni funds

$85,000

In kind

$15,000

Total

$100,000

 

This strategy will require the following FACR amendments at a quarterly 2017/18 budget review:

 

Account

Detail

Current budget

Proposed budget

1181420.34

Youth Bike Recreation Area

$159,870

$200,000

113403.10

Other Rec & Sport - Grants operating

$(3,605,000)

$(3,600,000)

113403.12

Other Rec & Sport – Dev contributions

$(20,000)

$(15,000)

 

There is also the potential for officers to apply for additional funding options and increased in kind contributions to reduce the financial cost to Council. This will be ongoing as the project planning progresses.

 

An Expression of Interest has been lodged with the Federal Government’s Stronger Communities Programme for an infrastructure grant. Shire officers will look to apply for a maximum grant of $20,000. Applications close on 28 September 2017 and projects need to be completed by June 2018. This could assist in alleviating the need for additional funds to be allocated from existing budgets.

 

In kind

 

There are a range of local businesses and interest groups who could collaborate on different aspects of the project, from track maintenance and construction to the beautification of the area through native planting and local art. There is also the potential to encourage businesses to sponsor the track, or sections of it.

 

PrimeWest has also informed the Shire of Broome of its desire to fund a pedestrian access point linking the Broome Boulevard Shopping Centre to the precinct, and to discuss further support (see Attachments 4, 5 and 6).

 

There is currently $15,000 of in kind support factored into the budget which relates to earthworks, landscaping and planting to be undertaken by third parties.

 

RISK

 

Option

Description

Risk

Risk rating

1

Council endorse the draft BRAC 1 Youth Bike Precinct Masterplan

Community expectations will be that there are sufficient funds available to implement the recommendations.

Low

2

 

Council does not endorse the draft BRAC 1 Youth Bike Precinct Masterplan

Shire of Broome has no planning toward developing a facility specifically designated for youth, general members of the public or visitors to ride bikes.

High

Areas of town continue to be vulnerable to anti-social behaviour from bored youth.

High

 

STRATEGIC IMPLICATIONS 

 

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

 

Effective communication

 

Affordable services and initiatives to satisfy community need

 

Accessible and safe community spaces

 

Participation in recreational and leisure activity

 

A healthy and safe environment

 

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

 

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

 

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

 

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

 

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

 

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

 

Affordable and equitable services and infrastructure

 

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

 

Effective community engagement

 

VOTING REQUIREMENTS

Absolute Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr M Fairborn                                              Seconded: Cr W Fryer

That Council:  

1.       Notes the feedback received from the public in relation to the BRAC 1 Youth Bike Precinct Masterplan.

2.       Endorses the BRAC 1 Youth Bike Precinct Masterplan as an informing document under the Shire’s Integrated Planning Framework and:

(a)    Requests that the Chief Executive Officer allocate up to $40,130 to GL account 1181420 at a quarterly Financial Costings Review to implement the pump track component of the BRAC 1 Youth Precinct Masterplan.

(b)    Requests that the Chief Executive Officer commence negotiations and approach local businesses for in-kind support for the implementation of Stage 1 of the BRAC 1 Youth Bike Precinct.

(c)    Supports the Shire of Broome’s Community Sport & Recreation Facilities Fund application to the Department of Local Government, Sport and Cultural Industries for funds to implement the BRAC 1 Youth Bike Precinct Masterplan, as  well planned and needed by the Municipality.

 

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 6/0

 

Attachments

1.

BRAC 1 Youth Bike Precinct Masterplan - Final Draft

2.

Survey data

3.

Survey data - Extended answers

4.

Primewest Email

5.

Primewest proposal

6.

Primewest aerial

  


Item 9.1.1 - BRAC 1 YOUTH BIKE PRECINCT MASTERPLAN

 

 

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Item 9.1.1 - BRAC 1 YOUTH BIKE PRECINCT MASTERPLAN

 

 

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Item 9.1.1 - BRAC 1 YOUTH BIKE PRECINCT MASTERPLAN

 

 

 

 



MinutesOrdinary Meeting of Council 7 September 2017                                                                     Page 158 of 1404

 

 

9.1.2      DEPARTMENT OF LOCAL GOVERNMENT, SPORT & CULTURAL INDUSTRIES - COMMUNITY SPORTING & RECREATION FACILITIES FUND 2018 - 19

LOCATION/ADDRESS:                             Various

APPLICANT:                                              Various

FILE:                                                           GPC08

AUTHOR:                                                   Manager Sport & Recreation

CONTRIBUTOR/S:                                    Club Development Officer

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    9 August 2017

 

SUMMARY:         The Western Australian Department of Local Government, Sport and Cultural Industries (DLGSCI) Community Sporting and Recreational Facilities Fund (CSRFF) 2018 - 2019 grant process seeks to have all applications submitted for priority assessment and endorsement through the local government authority in which the project is located. This report seeks Council’s consideration and priority assessment of four applications under two funding streams within the current funding round from within the Shire of Broome prior to being submitted to DLGSCI.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 7 July 2011                  Item 9.3.4

OMC 1 September 2011     Item 9.3.4

OMC 6 September 2012     Item 9.1.1

OMC 15 August 2013          Item 9.1.2

OMC 28 August 2014          Item 9.1.2

OMC 31 March 2016           Item 9.2.2

OMC 25 August 2016          Item 9.2.8

 

The WA Department of Local Government, Sport and Cultural Industries (DLGSCI) (formally the Department of Sport and Recreation) calls for applications for financial assistance through the Community Sporting and Recreation Facilities Fund (CSRFF) via three categories:

·     Small Grants

·     Annual Grants

·     Forward Planning Grants

 

DLGSCI’s CSRFF grants program provides financial assistance to community groups and local government authorities to develop basic infrastructure and support planning studies for sport and recreation.   The program aims to increase participation in sport and recreation with an emphasis on physical activity through rational development of good quality, well-designed and well-utilised facilities.   

Grant applicants must be a local government authorities or a not-for-profit sport, recreation or community organisations incorporated under the Associations Incorporation Act 2015.  The land on which a funded facility is to be developed must be one of the following:

·     Crown reserve;

·     Land owned by a public authority;

·     Municipal property; or

·     Land held for public purposes by trustees under a valid lease, title or trust deed that adequately protects the interests of the public.

 

DLGSCI’s CSRFF grant process seeks to have all applications submitted for endorsement through the local government authority (LGA) in which the project is located.  

 

DLGSCI CSRFF Project Assessment Sheet for LGAs

 

The CSRFF Project Assessment process requires the LGA to rank, in order of priority, all applications received.  All projects need to be considered in the context of their local, regional and State sport and recreation facilities plans to ensure the project meets the needs of the community.

 

In addition, the assessment process requires LGAs to rate all applications received as either:

 

(a)  Well planned and needed by municipality;

(b)  Well planned and needed by applicant;

(c)  Needed by municipality, more planning required; 

(d)  Needed by applicant, more planning required;

(e)  Idea has merit, more planning work needed; and

(f)   Not recommended. 

 

This rating should reflect how worthwhile the project is and indicate importance in relation to actual need and benefit to the community. 

 

DLGSCI seeks to have all LGA rankings and ratings endorsed by Councils and a copy of Council Minutes confirming financial contributions or intention to include in discussions in the forthcoming budget processes (if applicable) to be included within the application form.

 

COMMENT

 

The Shire of Broome has received four applications from within the municipality that are required to be assessed and prioritised by Council prior to being submitted to DLGSCI before 16th September 2017. These applications were submitted under two different streams, and are summarised as follows:

 

CSRFF Annual/Forward Planning Grants

Applicant

Project

Grant request

Project cost

Broome Surf Life Saving Club

North West Training Facility

$750,000

$3,874,472

Broome Bowling Club

Synthetic green and lighting replacement

$90,900

$272,790

 

CSRFF Small Grants

Applicant

Project

Grant request

Project cost

Broome Golf Club

Club room redevelopment Planning Studies

$25,000

$140,971.60

Shire of Broome

BRAC 1 Youth Bike Precinct – Pump track

$100,000

$200,000

 

Annual/Forward Planning Grants

 

Broome Surf Life Saving Club

 

The Broome Surf Life Saving Club (BSLSC) has submitted an application for funding to deliver the construction of the BSLSC North West Training Facility (see application in Attachment 1). The facility is a replacement of most of the existing building, with all but the existing storage area being dismantled and replaced with:

·        Training and equipment rooms

·        Multifunctional meeting/training/conference rooms

·        Multi club meeting/office space 

·        Radio control tower that offers 180 degree surveillance of Cable Beach

·        Commercial kitchen

·        Expanded amenities

 

This application is the second time that the Club has applied to the CSRFF, after being unsuccessful in the 2017/18 funding round. During the application process for the previous funding round the Shire of Broome agreed to assist with a self supporting loan of up to $500,000 through the West Australian Government Treasury Corporation if required.  The resolution from the 25 August 2016 Ordinary Meeting of Council (OMC) is shown below.

 

COUNCIL RESOLUTION:

(REPORT RECOMMENTDATION)

Moved: Cr D Male                                                     Seconded: Cr H Tracey

That Council:

1.       Recommends the following application to the Department of Sport and Recreation’s Community Sporting and Recreation Facilities Fund Forward Planning 2016/2017 for funding and be prioritised as follows:

Applicant

Project Funding

Priority

 

Shire of Broome

 

A

(Well planned and needed by Municipality)

 

One

2.       Requests the Chief Executive Officer to inform the Department of Sport and Recreation accordingly.

3.       Requests the Chief Executive Officer to assist in the negotiation of a self supporting loan to a maximum of $500,000 for the Broome Surf Life Saving Club through the West Australian Government Treasury Corporation if required.

4.       Notes that the final decision to enter into a self supporting loan with the Broome Surf Life Saving Club will be brought to Council for consideration and approval.

CARRIED UNANIMOUSLY 8/0

 

Council also resolved to financially support the project at the OMC on 15 December 2016, through the following resolution:

 

 

Council Resolution:

Moved: Cr D Male                                                    Seconded: Cr C Mitchell

That Council:

1.       Receives the letter of request from the Broome Surf Life Saving Club and notes the support currently provided by the Shire of Broome to the Broome Surf Life Saving Club through the provision of a peppercorn lease and Parks and Gardens maintenance of the immediate surrounds;

2.       Notes Council’s previous resolution of 25 August 2016:

(a)    To assist with the negotiation of a self supporting loan of up to $500,000 through the West Australian Government Treasury Corporation if required;

(b)    That the final decision to enter into a self supporting loan with the Broome Surf Life Saving Club will be brought to Council for consideration and approval;

3.       Approves a contribution to the Broome Surf Life Saving Club North West Training Facility to the value of $242,011 through the following:

(a)    A 100% reduction in Planning Application Fees;

(b)    A 100% reduction in Waste Management Fees associated with the development;

(c)    A 100% reduction of Building Application Fees;

(d)    Consider the inclusion of the construction of a disability access ramp to the public reserve fronting the Broome Surf Life Saving Club, and a pathway from the vehicle access bridge to the top of the beach access stairs in the 2017/18 budget, following the submission of a project brief;

(e)    Cash contribution of $76,116 to be funded from the Building Reserve (Building Renewal Allocation), based on 50% Building Renewal expenditure allocated towards the existing facility under the Shire’s Building Asset Management Plan. 

(f)      Notes the summary of Shire contribution below:

 

Item

Shire Contribution

Building approval

$5,333

Development Approval

$13,771

Estimated Waste Transfer Facility fees (calculated at 80m3)

$4,240

Disability access ramp at surf club

$70,000

Pathway - Access bridge to shower/top of stairs

$20,000

Peppercorn lease (estimated)

$20,000

Parks and Gardens maintenance of the immediate surrounding area (15% of precinct)

$32,551

Cash Contribution (based on 50% Building Renewal of existing building)

$76,116

Total

$242,011

 

4.       Authorises the Chief Executive Officer to execute any and all documentation associated with the Broome Surf Life Saving Club’s application for development and building approval on behalf of the Shire of Broome as the land owner of the Cable Beach Foreshore Reserve;

5.       Requests the Chief Executive Officer to commence re-negotiation of the lease agreement between the Broome Surf Life Saving Club and the Shire of Broome; and,

6.       Requests the Chief Executive Officer to advise the Broome Surf Life Saving Club accordingly and seek to amend the Shire’s Annual Budget should this project proceed.

CARRIED UNANIMOUSLY 7/0

 

Since the previous application, the Club has been able to secure funding from several other sources in addition to that of the Shire of Broome, although DLGSCI has advised that only certain aspects of the Shire contribution would be considered a valid contribution to the project. The additional funding is summarised below:

 

Funding source

Amount

Lottery West

$1,500,000

Community Chest funding (KDC)

$300,000

Shire of Broome (cash)

$76,116

Shire of Broome (other)

$93,344

 

The Club has also revised the scale of their project to enable it to be constructed in a staged approach, recognising the limited amount of funds that are currently available from several sources. The revised plans have been priced at a total of $3,874,472.

 

The Club’s contribution of $500,000 and the additional funding committed above, along with local business support places the project in a much stronger financial position than at the time of its previous application, with the Club’s funding strategy to be as shown below:

 

Funding source

Amount

Lottery West

$1,500,000

Community Chest funding (KDC)

$300,000

Shire of Broome (cash)

$76,116

Shire of Broome (donated works)

$93,344

Shire of Broome (Project steering group)

$4,200

West Australian Treasury Corporation (Self Supporting Loan)

$500,000

Broome Surf Life Saving Club

$500,000

Donated materials

$35,000

Donation of project management

50,000

Donation of design, plans and drawings

$67,800

Requested from CSRFF

$748,012

Total

$3,874,472

 

Broome Bowling Club

 

The Broome Bowling Club has applied to replace their synthetic green and associated lighting (see application in Attachment 2). The club installed their existing synthetic green in 2009. The product has a life expectancy of approximately ten years, but over the last 12 months has begun to show signs of accelerated deterioration. The surface is wearing in patches and no longer playing/rolling true.

 

The lighting is in the vicinity of 20 years old and does not provide full or even light coverage. Some poles are located to light the previously existing second turf green. The lights are metal halide, and a change to LED technology and 240 watts along with more appropriate positioning of light poles will allow for a more energy/cost efficient lighting system and an even, well lit green.

 

The initial synthetic green was installed by the Broome Bowling Club with the assistance of a self supporting loan through the West Australian Government Treasury Corporation, negotiated by the Shire of Broome. The loan was paid back in full prior to the agreed terms.

 

The Shire of Broome Framework for the development of Sport and Recreation Facilities 2016 – 2025 (adopted by Council February 2014) identifies that there are a number of clubs that operate under a licence or lease agreement, including the Broome Bowling Club. It is noted that in the case of development projects for these facilities that:

 

It is proposed that the Shire’s responsibility in this regard is limited mostly to planning assistance, offering support for funding applications and in some instances where resources permit, a financial contribution to facility improvements considered on a case by case basis. The facilities currently identified in this category include Broome Bowling Club, Broome Surf Life Saving Club, Broome Fishing Club, Broome Sailing Club, Broome Golf Club, Broome Horse Riders Club, Broome Pistol Club, Broome Field and Game Club and Broome Speedway.

 

The Club has not requested financial support from the Shire for this current application and is contributing $150,700 of its own funds which have been obtained through the establishment of a renewal fund specifically for the replacement of the synthetic green when required. The Club holds a lease with the Shire of Broome for its existing premises that expires in 2035. The Club is responsible for the repairs and maintenance of the facilities under that agreement. 

 

Small Grants

 

Broome Golf Club

 

The Broome Golf Club are applying for funds to carry out planning studies for the redevelopment of the club house (see application in Attachment 3). The existing club house was built in the early 1970s and is showing signs of structural concerns. The need for the redevelopment of the club house on the existing site is clear, and the planning studies proposed to be undertaken with this funding will ensure that the project is prepared for in a thorough and coordinated approach. The components of the proposed planning will include:

·    Finalisation of concepts

·    Business case

·    Fire consultant

·    Geotechnical study - Structural and civil

·    Quantity surveyor cost estimate

·    Building surveyor – BCA compliance check

·    Bushfire attack assessment

·    Electrical infrastructure/engineering

·    Hydraulic infrastructure/engineering

 

 

BRAC 1 – Youth Bike Precinct

 

At the June 2017 OMC, Council agreed to receive the draft BRAC 1 Youth Bike Precinct Masterplan and requested that the Chief Executive Officer advertise the document to seek community feedback for a period of four weeks, and present any submissions to Council for future consideration (below).

Council Resolution:

(Report Recommendation)

Moved: Cr H Tracey                                                 Seconded: Cr M Fairborn

That Council receives the Draft BRAC 1 Youth Bike Precinct Masterplan and requests the Chief Executive Officer to advertise the document to seek community feedback for a period of four weeks and present any submissions to Council for future consideration.

CARRIED UNANIMOUSLY 7/0

 

The Masterplan includes a proposed staging plan, costings, funding options and a maintenance and management plan, and recommends priority projects for the BRAC 1 Youth Bike Precinct site. The final Masterplan will be considered by Council at the August 2017 OMC, whereby Council’s endorsement of the final Masterplan will be sought.

 

It is widely acknowledged that there is currently no bike related facility for local youth in Broome, despite the activity being one of the most popular. The Masterplan has been broken down into three stages with a focus on activating the site as soon as possible to meet the growing demand. A key part of the public survey was for respondents to comment on what they saw as the priority parts of the Masterplan for implementation/construction. The key components chosen by the public were the Pump Track (33%) and the Mountain Bike Trail (45%). 

 

Discussions with DLGSCI into potential funding opportunities for this precinct resulted in advice that the only component of Stage 1 of this precinct that aligns with the guidelines of the CSRFF would be the pump track. The remainder of Stage 1, and a large portion of the rest of the site would be more suited to funding by Lottery West Community Outdoor Spaces grants. Due to the prescribed funding ratio for this program, up to 50% of the project cost can be applied for if applicants are considered eligible for the development bonus. Broome is classed as geographically isolated and remote, and is therefore considered eligible for the greater ratio of grant funding.

 

The pump track specified in the BRAC 1 Precinct Masterplan was approximately 650m2 and had an estimated cost of $229,650. To ensure the project is affordable and at a minimum, the site can be activated, a reduction of scale in the size of the pump track has been costed. The revised costing means the project falls within the CSRFF Small Grants category. This requires 50% local contribution which can be made up of cash contribution and in-kind. The revised costing as provided by Common Ground Trails Pty Ltd is detailed below, and provides the basis of the CSRFF small grant application for the Shire of Broome (Attachment 4).

 

Item

Description

Cost

Design/engineering

Pump Track Concept Design, Detailed Design, Stormwater Design, Engineers certification

$10,000

Preliminaries

Insurances, mobilisation, site establishment, travel, site clean up and demobilisation

$17,000

Sub Surface Drainage

Supply and installation of connected storm water system

$10,000

Base course materials

Supply of base course materials (Road Base or equiv min spec)

$49,500

Asphalt

 

Supply and installation of asphalt (45mm AC 10)

$52,500

Plant and equipment

Hire of plant and equipment including tracked skid steer, excavator, trench compactor, compactors

$18,000

Labour

Labour for drainage, earthworks, shaping, watering, compaction

$26,000

Project Management

Design and construction project management / site management

$7,000

Contingency

 

 

$10,000

 

Total cost

$200,000

 

Summary

 

The CSRFF Project Assessment process requires the LGA to rank, in order of priority, all applications received under each funding stream. The four applications received from within the Shire of Broome for this round of funding are all worthy projects that have an identified need for them to proceed.

 

Annual/Forward Planning Grants

 

Overall, the Broome Surf Life Saving Club is considered the priority project for the region due to the condition of the existing building and the need for repair/works. The project has already had funding committed from Lottery West, KDC and cash and in kind from the Shire.   Therefore, it is recommended that Council identify this as the priority one project for the Shire for the Annual/Forward Planning Grants. 

 

The Broome Bowling Club is recommended as the second priority as the project is needed to ensure the continuity of the Club and the facility. The synthetic green is vital infrastructure for the Club to continue and if it fails makes the Club unviable and unable to operate.

 

Small Grants

 

The Broome Golf Club planning studies are required to get the redevelopment of the clubhouse to a point at which funding can be sourced and the project can commence. The existing club house is in a very important location and is an important piece of infrastructure for the town, and so it is recommended that it is ranked as the priority one for the Small Grants.

 

The Shire of Broome’s BRAC 1 Youth Precinct is able to be staged.  Also, due to the fact that additional funding is unlikely to be available until a later date through other agencies, it is recommended that this project is ranked in second place. While the development of the Precinct is important, these works are not replacing existing facilities that are showing signs of age and deterioration like the other projects.  Therefore, while this project is very important and worthwhile, it is not recommended that it be ranked as highly as the other Small Grant application submitted.

 

 

 

CONSULTATION

 

Broome Surf Life Saving Club

 

Extensive consultation has been undertaken throughout the process of preparing the current and the previous grant applications between the Club, the Shire and Council, DLGSCI and Lottery West. The Club has received several of letters of support from community groups for this project. These letters are contained within the grant application shown in Attachment 1.

 

Broome Bowling Club

 

The Bowling Club has satisfied the consultation requirements of the CSRFF having discussed their project with DLGSCI, Shire of Broome and Bowls WA. While not affiliated with Bowls WA as this organisation does not service remote areas, the Club has still ensured that they are aware of their plans and the need for the project to proceed.

 

Broome Golf Club

 

Extensive community engagement was undertaken in collaboration with the Shire of Broome through the form of a stakeholder/member survey. The results indicated that there is significant appetite for redevelopment of the clubhouse facilities. There has been significant discussion and consultation regarding this project with high level Shire of Broome staff and elected members, and State Government agencies.

 

BRAC 1 Youth Bike Precinct

 

During the development of the BRAC 1 Youth Precinct Masterplan, 12 workshops were held with key stakeholders including Shire of Broome officers and representatives from the DLGSCI, Broome Boulevard Shopping Centre and Broome International Airport.

 

There was a specific focus on youth engagement, including consultation with:

·     Shire of Broome Youth Advisory Council.

·     Broome Girls Academy.

·     Broome Sports Association’s Talent Development Program.

·     North West Regional TAFE’s Sport and Recreation students.

·     Two Broome Senior High School outdoor recreation classes.

·     Two St Mary’s Secondary College outdoor recreation classes.

 

The above is in addition to the 21 attendees the Community Workshop in March 2017, and the 35 responses received during the four week public comment period for the draft Masterplan.

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

 

POLICY IMPLICATIONS

 

Nil.

 

FINANCIAL IMPLICATIONS

 

Broome Surf Life Saving Club

 

The financial implications for the Shire of Broome for this project are as per Council resolution 9.2.4 – OMC 15 December 2016, and summarised as below:

 

Item

Shire Contribution

Building approval

$5,333

Development Approval

$13,771

Estimated Waste Transfer Facility fees (calculated at 80m3)

$4,240

Disability access ramp at surf club

$70,000

Pathway - Access bridge to shower/top of stairs

$20,000

Peppercorn lease (estimated)

$20,000

Parks and Gardens maintenance of the immediate surrounding area (15% of precinct)

$32,551

Cash Contribution (based on 50% Building Renewal of existing building)

$76,116

Total

$242,011

 

Broome Bowling Club

 

Nil financial implications for Shire of Broome.

 

Broome Golf Club

 

The financial implications for the Shire of Broome for this project is as per the Golf Club’s successful funding applications to the Shire’s Community Sponsorship Program (Council resolution 9.1.4 – OMC April 2017). The Club was successful in receiving grants of $5,000 through the Community Sponsorship Program under both the Annual Grants stream, and the Energy Development Limited (EDL) West Kimberley Community Donations stream.

 

 

Sponsorship category

Allocation

GL account

1

Community Sponsorship Program

$5,000

22172

2

EDL West Kimberley Community Donations

$5,000

22173

 

BRAC 1 Youth Bike Precinct

 

To leverage funds from the CSRFF, the Shire needs to contribute at least 50% of the $200,000 project cost. There is currently $159,870 allocated to the BRAC 1 Youth Precinct.

 

The intended funding strategy was budgeted as follows:

 

Project

Funds

Muni funds

$34,870

Department of Sport and Recreation

$45,000

Lottery West

$60,000

In kind

$20,000

BRAC 1 Youth Bike Precinct

$159,870

 

With the unlikelihood of Lottery West funds becoming available until other funded projects in the region are further progressed, and DLGSCI not funding trails, to proceed with installation of the pump track component only the funding strategy is proposed as follows:

 

Shire/Local contribution

$100,000

Dept Local Govt, Sport & Cultural Industries

$100,000

Total project cost

$200,000

 

The Shire/local contribution is now proposed to consist of the amounts shown below:

 

Project

Funds

Muni funds

$85,000

In kind

$15,000

Total

$100,000

 

This strategy will require the following FACR amendments to the 2017/18 budget:

 

Account

Detail

Current budget

Proposed budget

1181420.34

Youth Bike Recreation Area

$159,870

$200,000

113403.10

Other Rec & Sport - Grants operating

$(3,605,000)

$(3,600,000)

113403.12

Other Rec & Sport – Dev contributions

$(20,000)

$(15,000)

 

There is also the potential for officers to apply for additional funding and seek increased in kind contributions to reduce the financial cost to Council. This will be ongoing as the project planning progresses.

 

RISK

 

Risk

Risk rating

Mitigation

Broome Surf Club is unsuccessful in their application and jeopardises funding already received.

Medium

Rank as priority project for the Shire of Broome and lobby for successful application.

Broome Bowling Club is unsuccessful in their application and aging infrastructure unable to be replaced.

Medium

Rank highly as Shire of Broome priority project, and if unsuccessful assist with resubmitted application in 2018.

BRAC 1 Youth Precinct application is unsuccessful in receiving funding, postponing implementation of stage 1 of masterplan resulting in community frustration at lack of progress.

Medium

Research and identify alternative options for funding from other agencies to enable activation of the space.

 

 

STRATEGIC IMPLICATIONS  

 

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

 

Affordable services and initiatives to satisfy community need

 

Accessible and safe community spaces

 

A healthy and safe environment

 

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

 

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

 

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

 

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

 

Affordable and equitable services and infrastructure

 

Affordable land for residential, industrial, commercial and community use

 

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr P Matsumoto                                          Seconded: Cr M Fairborn

That Council:

1.   Recommends the following applications to the Department of Local Government, Sport and Cultural Industries Community Sporting and Recreation Facilities Fund 2018/19 for funding and be prioritised as follows:

          Annual/Forward Planning Grants

 

Applicant

Project Funding

Priority

Broome Surf Life Saving Club

A

(Well planned and needed by Municipality)

 

One

Broome Bowling Club

A

(Well planned and needed by Municipality)

Two

          Small Grants

 

Applicant

Project Funding

Priority

Broome Golf Club

A

(Well planned and needed by Municipality)

One

Shire of Broome

A

(Well planned and needed by Municipality)

Two

 

2.   Requests that the Chief Executive Officer inform the Department of Local Government, Sport and Cultural Industries of Council’s decision in accordance with point 1 above.

CARRIED UNANIMOUSLY 6/0

 

Attachments

1.

Broome Surf Life Saving Club - CSRFF Application (Confidential to Councillors and Directors Only)

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

2.

Broome Bowling Club - CSRFF Application (Confidential to Councillors and Directors Only)

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

3.

Broome Golf Club - CSRFF Application (Confidential to Councillors and Directors Only)

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

4.

Shire of Broome, BRAC 1 Precinct - CSRFF Application

  


Item 9.1.2 - DEPARTMENT OF LOCAL GOVERNMENT, SPORT & CULTURAL INDUSTRIES - COMMUNITY SPORTING & RECREATION FACILITIES FUND 2018 - 19

 

 

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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 Broome 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 7 September 2017                                                                     Page 211 of 1404

 

 

9.2.1      CHANGE TO INTERTIDAL BOUNDARIES FOR TOWN BEACH REVETMENT WALL AND FISHING PLATFORM AT TOWN BEACH

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           RES 31340

AUTHOR:                                                   Director Infrastructure

CONTRIBUTOR/S:                                    Land Tenure Officer

RESPONSIBLE OFFICER:                           Director Infrastructure

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    14 August 2017

 

SUMMARY:         The purpose of this report is to have endorsement of Council to request Kimberley Ports Authority to amend the Port Waters boundary to reflect the new land alignment of the revetment wall at Town Beach and in addition the land which forms the footprint of the proposed fishing platform at Town Beach.

In order to facilitate the proposed construction of the revetment wall and fishing platform it is recommended that the boundary of the Port Waters be amended to excise that portion of intertidal zone as shown hatched on Attachment 1 and amalgamate that portion into Reserve 31340 (Town Beach). 

 

 

BACKGROUND

 

Previous Considerations

 

Nil

 

COMMENT

 

Council has identified the construction of the revetment wall at Town Beach in the Corporate Business Plan. The need for the revetment wall is due to the erosion of the pindan cliff adjacent to the Town Beach park area which includes the Pioneer Cemetery.  Detailed designs of the revetment wall have been completed. These designs include the rock wall itself, drainage, three stairways spread along the entire wall length, lighting that can be switched off during Staircase to the Moon events and an amphitheatre located at the top of the rock wall. There has been provision made in the adopted budget 2017/18 for the design of a fishing platform at Town Beach.  The location of the fishing platform ties in with the revetment wall as part of the overall Town Beach Masterplan.

 

The construction of both the revetment wall and the fishing platform encroaches on the intertidal zone located within Lot 600 of Deposited Plan 410010 which is subject to Port Waters and under control of the Kimberley Ports Authority.

 

In order to facilitate the proposed construction of the revetment wall and fishing platform it is recommended that the boundary of the Port Waters be amended to excise that portion of intertidal zone as shown hatched on Attachment 1 and amalgamate that portion into Reserve 31340 (Town Beach).  The additional area proposed to be requested equates to 1.4537ha.

 

The extent of the boundary adjustment sought makes allowances for the protection of the toe (base) of the revetment wall, the protection of the link from the main wall to the proposed Jetty and the working distance and width of the entire fishing platform length and width.

 

There have been discussions with the Kimberley Ports Authority in which it has been indicated that they had no concerns with a proposal to have the Port Waters boundaries adjusted to reflect the revetment level and fishing platform alignment varied. The request for the boundary adjustment if endorsed by Council will need to be considered and endorsed by the Kimberley Ports Authority. It is envisaged that if approved at the 31 August 2017 Council meeting that the Kimberley Ports Authority will consider the matter at their September 2017 board meeting.

 

It is therefore recommended that Council supports the proposed amendment to the Port Waters boundary to excise that portion of the intertidal zone as indicated on Attachment 1 and have that portion amalgamated into Reserve 31340.

 

CONSULTATION

 

Kimberley Ports Authority

 

STATUTORY ENVIRONMENT

 

Port Authority Act 1999

Local Government Act

Land Administration Act

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

There are no anticipated additional financial implications over and above the allowances made in the adopted budget 2017/18. There are no expected ongoing costs as a result of this request for the boundary adjustment.

 

RISK

 

The risk of not having the boundary corrected is that the capital works will be constructed in the intertidal zone which will not be managed by Council therefore any construction or maintenance works needed would require prior approval of the Kimberley Ports Authority. This risk can be removed if Council endorse the proposed boundary adjustment and the Kimberley Ports Authority accept the boundary adjustment.

 

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

 

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr D Male                                                    Seconded: Cr B Rudeforth

That Council supports the adjustment of the Port Boundary in line with Attachment 1 and requests the Chief Executive Officer to:

1.       Progress the matter with the Kimberley Ports Authority;

2.       Approach the Department of Planning, Lands and Heritage to amalgamate the excised portion of Port Waters, as shown in Attachment 1, into Reserve 31340; and

3.       Apply for any licences or approvals and sign all relevant documents.

CARRIED UNANIMOUSLY 6/0

 

Attachments

1.

Proposed Boundary Adjustment

  


Item 9.2.1 - CHANGE TO INTERTIDAL BOUNDARIES FOR TOWN BEACH REVETMENT WALL AND FISHING PLATFORM AT TOWN BEACH

 

 

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MinutesOrdinary Meeting of Council 7 September 2017                                                                     Page 217 of 1404

 

 

9.2.2      LOCAL GOVERNMENT PARKING AND PARKING FACILITIES LOCAL LAW AMENDMENT LOCAL LAW (2) 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:                                    4 August 2017

 

SUMMARY:         At the Ordinary Meeting of Council on 27 April 2017, Council resolved to make the Shire of Broome Parking and Parking Facilities Amendment Local Law (2) 2017.  The proposed local law was advertised for public comment and submissions from interested parties invited in accordance with the Local Government Act 1995.

The purpose of this report is for Council to consider the submissions made during the submission period and, in accordance with the provisions of Section 3.12(4) of the Local Government Act 1995, make the Shire of Broome Parking and Parking Facilities Amendment Local Law (2) 2017.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 27 April 2017                             Item 9.2.2

 

At the 30 March 2017 Ordinary Meeting of Council, Councillor W Fryer presented a petition from Mr Cameron Howlett of Broome. The petition requested amendments to the Shire of Broome Parking and Parking Facilities Local Law 2012 (current Local Law). Specifically, the request was to amend the Local Law to allow the parking of vehicles on verges in Broome’s industrial estate. As a result, at the OMC on 27 April 2017, Council proposed to make the Parking and Parking Facilities Amendment Local Law (2) 2017 (Amendment Local Law (2)) to remove the restriction on motorists parking vehicles on verges in areas zoned ‘industry’ and ‘light and service industry’. The current Local Law currently only allows parking on verges in front of properties zoned ‘residential’.

 

It should be noted that this is the second amendment to the current Local Law that is being progressed. At the OMC held on 30 March 2017, Council resolved to amend the Parking and Parking Facilities Local Law 2012 to create the first Amendment Local Law (Amendment Local Law (1)). The amendments proposed as part of the Amendment Local Law (1) did not include altering or removing the restrictions relating to verge parking and proposes a number of other wording changes to the current Local Law arising from the Development Services Local Law and Policy Review. Amendment Local Law (1) was progressed as a separate amendment and at the OMC on 27 July 2017, Council resolved to make and gazette Amendment Local Law (1).  This Council resolution is in the process of being implemented, however Amendment Local Law (1) has not yet come into force.

 

With regard to Amendment Local Law (2) the proposed changes were presented to Council at the 27 April OMC, where Council resolved the following:

 

Council Resolution:

Moved: Cr R Johnston                                             Seconded: Cr B Rudeforth

That Council:

1.         Notes the petition received from Mr Cameron Howlett as contained in Attachment 1;

2.         Notes that officers have undertaken significant work in relation to the verge parking enforcement initiative and the appropriateness of allowing parking in the road carriageway in Broome’s industrial estates since a halt was put on enforcement in February 2017;

3.         Proposes to make the Shire of Broome Parking and Parking Facilities Amendment Local Law (2) 2017 as shown in Attachment 2 of this report;

4.         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 (2) 2017 for a period of not less than six weeks; and

5.         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 (2) 2017 to the Minister for Local Government.

 

                                                                                                        CARRIED UNANIMOUSLY 6/0

 

Amendment Local Law (2) was advertised for public comment for a period of six weeks and no submissions were received.

 

Attachment 1 to this report contains the proposed Amendment Local Law (2), and is unchanged from the version of Amendment Local Law (2) presented to Council at the April OMC. Attachment 2 shows the current Local Law, including the amendments to be made by Amendment Local Law (2) shown as tracked changes. Attachment 3 shows the current Local Law, including the amendments to be made by Amendment Local Law (2) without tracked changes.

 

COMMENT

 

No submissions were received during the public submission period, nor did the Department of Local Government, Sport and Cultural Industries (DLGSCI) provide comment. The lack of response is likely due to the limited nature of the amendments proposed in Amendment Local Law (2) and its progression almost parallel to Amendment Local Law (1).  It should be noted that no public submissions were received for Amendment Local Law (1). 

 

As no submissions were received during the public comment period, it is recommended that Council resolve to make Amendment Local Law (2) 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.

 

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 3.12 (6) 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 1 page long. This equates to a gazettal fee of approximately $101.45.

 

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 $1001.45 however this may vary slightly due to changes in charges and fees beyond the Shires control. 

RISK

 

Should the current Local Law not be amended the Shire will be open to criticism from local community members. This criticism will be due to the enforcement of the current parking restrictions in areas that are not engineered to cope with street parking.

 

There is a risk that the proposed 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 DLGSCI 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 (2) 2017; and

(b)  Publishes the Shire of Broome Parking and Parking Facilities Amendment Local Law (2) 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 (2) 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 6/0

 

Attachments

1.

Proposed Parking and Parking Facilities Amendment Local Law (2) 2017

2.

Parking and Parking Facilities Local Law 2012 Tracked

3.

Parking and Parking Facilities Local Law 2012 Final

  


Item 9.2.2 - LOCAL GOVERNMENT PARKING AND PARKING FACILITIES LOCAL LAW AMENDMENT LOCAL LAW (2) 2017

 

 

LOCAL GOVERNMENT ACT 1995

 

Shire of Broome

 

PARKING AND PARKING FACILITIES AMENDMENT LOCAL LAW (2) 2017

 

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 31 August 2017 to make the following local law.

 

1.      Citation

This local law is the Shire of Broome Parking and Parking Facilities Amendment Local Law (2) 2017.

 

2.      Commencement

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

 

3.      Principal local law amended

The Shire of Broome Parking and Parking Facilities Local Law 2012 as published in the Government Gazette on 31 July 2012 is referred to as the principal local law. The principal local law is amended.

 

4             Clause 3.5 amended

Delete clause 3.5(8) and insert “Subclause (7) does not apply to a verge adjacent to premises zoned ‘industry’, ‘light and service industry’ or ‘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 authorized by the occupier to park on that portion of the verge”.

 

 

 

 

Dated XX XXXX XXXX

 

 

The Common Seal of the             )

Shire of Broome                            )

was affixed under the authority   )

of a resolution of Council in the  )

presence of:                                   )

 

 

 

_____________________________              _____________________________

R J JOHNSTON                                                 S MASTROLEMBO

Shire President                                   Chief Executive Officer

 


Item 9.2.2 - LOCAL GOVERNMENT PARKING AND PARKING FACILITIES LOCAL LAW AMENDMENT LOCAL LAW (2) 2017

 

 

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Item 9.2.2 - LOCAL GOVERNMENT PARKING AND PARKING FACILITIES LOCAL LAW AMENDMENT LOCAL LAW (2) 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 2012 2017ARRANGEMENT

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 portion, 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 meter 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 shall not park on a verge unless that portion of the verge has been approved in writing by the local government as a parking area.

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

 

 

 

3.6       Authorised person may order vehicle on thoroughfare to be moved

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

 

3.7       Authorised person may mark the tyres of a vehicle

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

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

 

3.8       No movement of vehicles to avoid time limitation

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

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

 

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

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

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

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

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

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

 

3.10     Parking on private land

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

(a)                 which is local government property;

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

(c)                   which is identified in a Schedule.

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

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

 

3.11     Parking on local government property

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

 

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

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

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

 


 

Part 4 – Parking and Stopping Generally

 

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

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

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

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

(b)                 does not leave the vehicle unattended; and

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

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

 

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

 

 

Part 5 – Stopping in Zones for Particular Vehicles

 

5.1       Stopping in a loading zone

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

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

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

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

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

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

 

5.2       Stopping in a taxi zone or a bus zone

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

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

 

5.3       Stopping in a mail zone

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

 

5.4       Other limitations in zones

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

 

 

Part 6 – Other Places Where Stopping is Restricted

 

6.1       Stopping in a shared zone

A driver must not stop in a shared zone unless

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

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

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

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

 

6.2       Double parking

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

(2)     This clause does not apply to

(a)                 a driver stopped in traffic; or

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

 

Examples

 Example 1

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

 

Example 2

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

 

6.3       Stopping near an obstruction

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

 

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

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

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

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

 

Example

 

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

 

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

 

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

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

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

 

6.5       Stopping on crests, curves, etc.

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

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

 

6.6       Stopping near a fire hydrant etc.

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

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

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

 


 

Examples

 

Fire hydrant indicators

 

 

Fire plug indicator

 

 

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

 

6.7       Stopping at or near a bus stop

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

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

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

(2)     In this clause

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

(b)                 a trailer attached