VISION OF COUNCIL

 

"A thriving and friendly community that recognises our history and embraces cultural diversity and economic opportunity, whilst nurturing our unique natural and built environment."

 

 

AGENDA

 

 

 

FOR THE

 

Ordinary Meeting of Council

 

28 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.

 


Agenda – Ordinary Meeting of Council 28 September 2017                                                                Page 3 of 4

 

Councillor

Cr R Johnston

Cr H Tracey

Cr M Fairborn

Cr W Fryer

Cr E Foy

Cr D Male

Cr P Matsumoto

Cr C Mitchell

Cr B Rudeforth

2015

26 November

 

 

 

 

 

 

LOA

 

 

2015

17 December

 

 

 

 

 

 

 

 

 

2016

25 February

 

 

 

 

A

 

 

 

 

2016

31 March

 

 

 

 

LOA

 

 

 

 

2016

28 April

 

LOA

A

LOA

LOA

 

 

 

 

2016

26 May

 

 

A

 

 

 

LOA

 

 

2016

30 June

 

LOA

 

 

 

 

 

 

LOA

2016

28 July

 

 

 

 

 

 

 

 

 

2016

25 August

 

 

 

 

LOA

 

 

 

 

2016

29 September

 

A

 

 

 

LOA

 

 

 

2016

27 October

 

 

 

 

 

 

 

LOA

 

2016

24 November

 

 

LOA

 

 

A

 

 

 

2016

15 December

 

 

 

 

A

 

 

 

A

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.]

 

 


AgendaOrdinary Meeting of Council 28 September 2017                                                                             Page 5 of 6

 

SHIRE OF BROOME

Ordinary Meeting of Council

Thursday 28 September 2017

INDEX – Agenda

 

1.               Official Opening.. 8

2.               Attendance and Apologies. 8

3.               Declarations of Financial Interest / Impartiality. 8

4.               Public Question Time. 8

5.               Confirmation of Minutes. 8

6.               Announcements by President Without Discussion.. 8

7.               Petitions. 8

8.               Matters for Which the Meeting May Be Closed.. 9

9.               Reports of Officers. 10

9.1      Our People. 11

9.1.1     CHINATOWN REVITALISATION PROJECT SIX MONTH UPDATE. 12

9.1.2     PETITION TO BAN SINGLE-USE OF PLASTIC BAGS. 97

9.2      Our Place. 147

9.2.1     ADOPTION OF LOCAL PLANNING SCHEME NO.6 AMENDMENT NO.2 DEVELOPMENT CONTRIBUTION PLAN AND DEVELOPMENT CONTRIBUTION AREA.. 148

9.2.2     CABLE BEACH SUNSET MARKETS - CABLE BEACH AMPHITHEATRE. 530

9.2.3     PROPOSED BED & BREAKFAST - LOT 481 (29) WIRL BURU GARDENS, CABLE BEACH.. 542

9.2.4     PROPOSED AMENDMENT NO. 8 TO LOCAL PLANNING SCHEME NO.6 - INCLUSION OF ADDITIONAL USE AT LOT 2 BROOME ROAD, SKUTHORPE. 552

9.2.5     SUBMISSION FOR REASSESSMENT OF PLACE 30274 (LSC11) BROOME. 609

9.2.6     REVIEW OF LOCAL PLANNING POLICY 8.28 – STRATA TITLING OF TOURIST DEVELOPMENTS IN THE TOURIST ZONE. 616

9.2.7     PROPOSED LOCAL GOVERNMENT PROPERTY AND PUBLIC PLACES AMENDMENT LOCAL LAW 2017. 635

9.2.8     PROPOSED TRADING, OUTDOOR DINING AND STREET ENTERTAINMENT AMENDMENT LOCAL LAW 2017. 684

9.2.9     RFQ17-81 SUPPLY OF PLANT AND SERVICES - CRAB CREEK ROAD UPGRADE STAGE 2. 716

9.2.10  BROOME BOWLING CLUB PETITION.. 722

9.2.11  CAMEL LEASES - LEASE AGREEMENTS FOR PORTIONS OF RESERVE 52985. 742

9.2.12  COMMUNITY STORAGE FACILITY - APPLICANT APPROVAL AND AGREEMENT EXECUTION. 756

9.3      Our Prosperity. 780

9.3.1     RFT17-03 LEASE OF THE ROEBUCK BAY CARAVAN PARK. 781

9.4      Our Organisation.. 786

9.4.1     MONTHLY PAYMENT LISTING - AUGUST 2017. 787

9.4.2     MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT AUGUST 2017. 814

9.4.3     AMENDMENT TO DELEGATIONS FROM COUNCIL AND ADOPTION OF AUTHORISATIONS. 927

9.4.4     CHIEF EXECUTIVE OFFICER CONTRACT PERFORMANCE CRITERIA.. 940

10.            Reports of Committees. 941

10.1      YAWURU PARK COUNCIL PROGRESS REPORT - AUGUST 2017 MINUTES. 942

10.2      MINUTES OF THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE MEETING HELD 14 SEPTEMBER 2017. 966

11.            Notices of Motion.. 1068

12.            Business of an Urgent Nature. 1068

13.            Questions by Members Of Which Due Notice Has Been Given.. 1068

14.            Matters Behind Closed Doors. 1068

9.4.4  CHIEF EXECUTIVE OFFICER CONTRACT PERFORMANCE CRITERIA.. 1068

15.            Meeting Closure. 1068

 


AgendaOrdinary Meeting of Council 28 September 2017                                                                             Page 7 of 8

 

 

NOTICE OF MEETING

 

 

 

Dear Council Member,

 

 

The next Ordinary Meeting of the Shire of Broome will be held on Thursday, 28 September 2017 in the Council Chambers, Corner Weld and Haas Streets, Broome, commencing at 5.00pm.

 

 

 

Regards

 

 

S MASTROLEMBO

Chief Executive Officer

 

21/09/2017

 


AgendaOrdinary Meeting of Council 28 September 2017                                                                             Page 8 of 9

 

1.         Official Opening

 

 

2.         Attendance and Apologies 

 

              Attendance:

 

              Leave of Absence:        Cr C Mitchell (As granted at OMC 7 September 2017)

 

              Apologies:

 

              Officers:

 

              Public Gallery:

 

 

3.         Declarations of Financial Interest / Impartiality

 

FINANCIAL INTEREST

Councillor

Item No

Item

Nature of Interest

 

 

 

 

 

IMPARTIALITY

Councillor

Item No

Item

Nature of Interest

 

 

 

 

 

4.         Public Question Time

 

 

5.         Confirmation of Minutes

 

Recommendation:

That the Minutes of the Ordinary Meeting of Council held on 7 September 2017, as published and circulated, be confirmed as a true and accurate record of that meeting.

 

 

 

6.         Announcements by President Without Discussion

 

 

7.         Petitions

 

 

8.         Matters for Which the Meeting May Be Closed

The Chief Executive Officer advises that there are matters for discussion on the agenda for which the meeting may be closed, in accordance with section 5.23(2) of the Local Government Act 1995.

Recommendation

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

9.4.4      CHIEF EXECUTIVE OFFICER CONTRACT PERFORMANCE CRITERIA

Item 9.4.4 and any attachments are confidential in accordance with  of the Local Government Act 1995 section 5.23(2)(a) as it contains “a matter affecting an employee or employees”, and as it contains “a decision to close a meeting or part of a meeting and the reason for the decision are to be recorded in the minutes of the meeting”.

 

 

 


 

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.

 


AgendaOrdinary Meeting of Council 28 September 2017                                                                        Page 12 of 13

 

 

9.1.1      CHINATOWN REVITALISATION PROJECT SIX MONTH UPDATE

LOCATION/ADDRESS:                             N/A

APPLICANT:                                              Nil

FILE:                                                           PLA94

AUTHOR:                                                   Special Projects Coordinator

CONTRIBUTOR/S:                                    Director Infrastructure

RESPONSIBLE OFFICER:                           Chief Executive Officer

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    16 August 2017

 

SUMMARY:         This report seeks to provide Council with an update on the progress made to date on the delivery of the Chinatown Revitalisation Project (CRP).  This report further seeks Council endorsement to proceed to public consultation on the DRAFT Chinatown Revitalisation Masterplan. 

 

 

BACKGROUND

 

Previous Considerations

 

OMC 26 June 2014                            Item 9.3.1

OMC 30 April 2015                             Item 9.2.7

OMC 2 June 2015                              Item 9.2.5

OMC 27 August 2015                        Item 9.3.1

OMC 26 November 2015                  Item 9.4.5

SMC 17 June 2016                              Item 6.2.1

OMC 25 August 2016                        Item 9.1.6

OMC 27 October 2016                     Item 10.2

OMC 15 December 2016                 Item 9.3.1

OMC 23 February 2017                     Item 9.1.2

OMC 25 May 2017                             Item 9.3.1

 

At the Special Meeting of Council held 17 June 2016, Council resolved as follows;

 

COUNCIL RESOLUTION:

(REPORT RECOMMENDATION)

Moved: Cr B Rudeforth                                                      Seconded: Cr H Tracey

That Council:

1.      Thanks the State of Western Australia for the $10 million grant funding for the Chinatown Revitalisation Project. 

2.      Thanks Tourism Western Australia for confirmation for the Tourism Demand Driver Infrastructure Grant of $300,000 to be applied towards the Frederick Street/Dampier Terrace Lookout Facility, which forms part of the Chinatown Revitalisation Project.  

3.      Endorses the Draft Financial Assistance Agreement with the Department of Regional Development and authorises the Shire President and Chief Executive Officer to engross the final documentation as required.

4.      Endorses the updated Memorandum of Understanding between the Shire of Broome, Landcorp and Kimberley Development Commission and authorises the Shire President and Chief Executive Officer to engross the documentation as required.

5.      Endorses the Chinatown Revitalisation Steering Group Terms of Reference and Governance structure and appoints the Chief Executive Officer to be the Shire’s representative on this group.

6.      Requests the Chief Executive Officer to:

          (a)    Allocate $1.7 million dollars over the 2016/17 and 2017/18 financial years to           the Chinatown Revitalisation Project.

(b)   Commence procurement of the relevant consultancies together with the project collaborative group in line with the project documentation.

(c)   Ensure incentives are included within project tender specifications to encourage submissions from and/or involvement of local businesses where appropriate.

(d)   Provide six monthly updates on the project for Council’s information. 

 

CARRIED UNANIMOUSLY 7/0

 

In accordance with point 6(d) of the above resolution, six monthly updates on the CRP are to be provided to Council and this was last provided at the Ordinary Meeting of Council (OMC) held 23 February 2017. This report seeks to provide Council with a further six monthly update.  It is also noted that Steering Committee meeting minutes have been provided to Council through the Councillor Information Bulletin monthly and feedback sought for project specifics from Councillor workshops.

 

The Financial Assistance Agreement (FAA) between the WA Department of Regional Development (The Department) and the Shire of Broome (The Shire) provides for an investment of $10 million by the State for the delivery of various key projects.  The Shire and Tourism WA have also allocated a further $2 million and $700k respectively, resulting in a total project spend of $12.7 million. These Projects are as follows:

 

Item of Expenditure

Budget

Source of Funds

Gray Street Extension Feasibility & Technical Studies

$1,000,000

Royalties for Regions ($745,000)

Shire of Broome ($255,000)

Roebuck Bay Reconnection and Coastal Protection Feasibility

$1,000,000

Royalties for Regions ($855,000)

Shire of Broome ($145,000)

Cultural Centre Feasibility

$850,000

Royalties for Regions

Tourism WA ($100,000)

Dampier Terrace Renovation

$3,800,000

Royalties for Regions

Carnarvon Street Upgrades

$2,725,000

Royalties for Regions

Frederick Street Lookout

$900,000

Shire of Broome ($600,000)

Tourism WA ($300,000)

Tourist Rest Facilities

$700,000

Shire of Broome

Connection of Dampier Terrace and Terrace Street

$600,000

Shire of Broome ($300,000)

Tourism WA ($300,000)

Enhanced laneways strategy and funding program

$290,000

Royalties for Regions

Chinatown Commercial Liaison Officer (over 2 years) and funding program

$600,000

Royalties for Regions

Administration/Audits/Reporting

$235,000

Royalties for Regions

Total Budget

$12,700,000

 

 

Following the engrossing of the FAA, an amount of $10 million was deposited into the Shire’s account. These funds were then deposited into a Western Australian Treasury Corporation Account (Treasury) and are transferred across in agreed lump sums upon successful achievement of project milestones set out in the agreement. The aforementioned projects have been scheduled across two years with deliverable milestones allocated across this period.

 

The first milestone was the signing of the FAA with the Department which occurred on 27 June 2016 and released $500,000 of funding.  In accordance with the adopted Business Case and the FAA, the first items of expenditure incurred in 2016/17 were the recruitment of a Chinatown Investment and Development Coordinator (CIDC) and the engagement of a Project Director consultancy (DEVMAN).

 

Further to this, the Communications and Engagement consultancy team were also engaged by LandCorp on 12 September 2016.  This was awarded to the partnership of RFF Australia and the Broome Chamber of Commerce and Industry.  The role of this consultancy is to manage all external communications for the suite of projects forming part of the CRP and manage community and stakeholder engagement for the feasibility projects, with the exception of the Kimberley Centre for Culture, Art and Story.

 

The second milestone date was 31 December 2016 and required the submission of finalised project plans for all ten sub-projects and the completion of the CIDC Two Year Activity Plan.  These milestone requirements have been met and further funds of $1.3 million have been released.

 

A team of specialist consultants have also been engaged by LandCorp to deliver the feasibility studies and/or design and construction projects detailed in the Chinatown Revitalisation Business Case.  These consultants include:

Place Making Consultant – The Planning Group (TPG);

Environmental Consultant – Strategen;

Civil Engineer – TABEC;

Public Realm Architecture – UDLA;

Research and Engagement – Simon McArthur & Associates;

Engagement – NBY;

Environmental Assessment – GHD;

Coastal Design – MP Rogers;

Traffic Assessments – DVC; and

Gray St Reclamation Valuation – Colliers.

 

The third milestone date was 30 June 2017 and these milestone requirements have also been met with further funds of $4.75 million currently due for release.  At the OMC held 25 May 2017, Council endorsed proposed amendments to the milestones defined within the FAA.  The amendments related solely to the wording around the deliverables and did not impact milestone dates and payments themselves, resulting in a nil impact on the budget cash flow for the project.

 

The milestones as amended, subject to the FAA and their respective status are detailed in Attachment 1.  A full copy of the FAA is provided in Attachment 2.

 

In summary, the 30 June 2017 milestones are outlined below with the respective amount of funding due for release:

Project

Performance Method

Payment

Gray Street Extension

·    Fatal Flaw Analysis.

Quarterly Reports on progress provided to the Department.

$500,000

·    Confirmation of Costings for Geotechnical Investigation.

Documented evidence provided to the Department.

Roebuck Bay Reconnection

·    Fatal Flaw Analysis.

Quarterly Reports on progress provided to the Department.

$600,000

·    Confirmation of Costings for Geotechnical Investigation.

Documented evidence provided to the Department.

Dampier Terrace Upgrade

·    Preliminary Community Stakeholder Engagement;

·    Functional Design Brief; and

·    Concept Design and Cost Estimates.

Quarterly Reports on progress provided to the Department.

$1,650,000

Carnarvon St Upgrade

·    Preliminary Community Stakeholder Engagement;

·    Functional Design Brief; and

·    Concept Design and Cost Estimates.

Quarterly Reports on progress provided to the Department.

$1,600,000

Kimberley Centre Feasibility

·    Preliminary Investigation into Governance Models;

·    Course Benchmarking of Comparable Facilities;

·    Preliminary Identification of Suitable Sites; and

·    Commence Stakeholder Consultation.

Quarterly Reports on progress provided to the Department.

$400,000

Total Amount Due

$4,750,000

 

This report will provide more detail on the achievement of the milestone tasks to 30 June 2017 and also requests Council consideration of endorsing the DRAFT Chinatown Revitalisation Masterplan for the seeking of broader public comment.  A copy of the minutes of the Chinatown Stakeholder Reference Group meetings held between February and July 2017 are also tabled for Council’s information.

 

COMMENT

 

A six-monthly update is provided below and has been summarised by:

 

1.   CIDC activities;

2.   Design and Constructions Projects;

3.   Feasibility Projects; and

4.   Chinatown Stakeholder Reference Group Minutes

 

1.       Chinatown Investment and Development Coordinator Activities

 

Over the last six months the CIDC has undertaken the following activities (for further detail see Attachment 3):

 

Community & Trader Engagement:

 

·        Trader’s Workshop: Activation in Chinatown 8 February 2017

·        Markets Workshop 24, 28 February 2017

·        Trader’s Workshop: Funding Guidelines Info Session and Project HQ Launch 24 May 2017

·        Trader’s Workshop: Late Night Trading and future Promotions 5 Jul 2017

·        CIDC Towns Walks, General and HQ Correspondence

o Approximately one town walk per month, visiting 70 – 80 traders per visit.

o Correspondence with approximately 20 traders or owners per month (phone, email, meeting)

o Approximately 50 visitors at HQ per week with queries such as requesting project info, trader assistance, general interest and directions.

 

CIDC Initiatives & Tasks:

 

·        Funding Guidelines & Application Packages

·        Easter Promotions and Event

·        Project HQ

·        Laneway Strategy Development

·        Communications

o Assisted with review of Media releases 1 – 4.

o Involved in streamlined internal review process.

o Interviews with Goolari Media, ABC Kimberley and Spirit Radio relating to Grants and Project HQ media releases

·        Sunday music mornings

o 6 August 2017;

o 13 August 2017;

o 20 August 2017; and

o 27 August 2017

·        Friday late night trades:

o 25 August 2017;

o 15 September 2017;

o 6 October 2017; and

o 10 November 2017

 

2.       Design and Construction Projects

Over the past six months there has been significant progress in relation to the conceptual layout that would transform the streetscape and the creation of elements that will revitalise Chinatown. This progress has been undertaken with regard to feedback from workshops with the Chinatown Stakeholder and Community Reference Group, the traders and shop owners of Chinatown and Council. Several rounds of specific stakeholder engagement was undertaken in April and May with group sessions and one-on-one follow-up sessions as required. Follow up stakeholder engagement continued through to August with key stakeholders and project partners.

 

Council, as a key project stakeholder, raised some concerns with regard to some of the earlier concepts presented at Stakeholder sessions and has worked with the project team through from June through to August to develop the DRAFT Chinatown Revitalisation Masterplan as detailed in Attachment 4. The Masterplan, developed by UDLA/TPG, represents an evolution of design ideas and will look to provide an overall plan for the Chinatown precinct. Prioritisation of areas within the plan will be based on the funding available (informed from order of magnitude costings) and the project definitions included within the FAA. Cross sections and conceptual furniture are included for consultation purposes with material palates and detailed design to follow after Council has had an opportunity to review feedback received on the draft Chinatown Revitalisation Masterplan from the broader public.

 

In brief, the Masterplan seeks to reduce bitumen, increase shade and lighting and create ‘day rooms’ or ‘spaces’ for alfresco dining, public art, and street side activation such as busking and spaces for markets. This improved amenity is proposed to encourage patronage to the precinct and stimulate further private sector investment and economic activity.  At the request of Council, further consideration has been placed on identifying alternate locations for reinstatement of any lost car parking and ensuring design outcomes are in accordance with the principles of Crime Prevention Through Environmental Design (CPTED).

 

3.       Feasibility Projects

 

A fatal flaw analysis was undertaken on both the Gray St Extension and Roebuck Bay Reconnection projects. A more in-depth summary of the project fatal flaw reports can be found in Attachment 5, and the summary of each project below highlights those issues considered significant enough to justify project cessation.

 

Gray Street Extension

 

The Gray St Extension project contains potential fatal flaws associated with the activation potential, and costs / returns associated with project implementation. An opinion of probable cost placed the construction of the Gray St Extension project between $6 and $10 million (dependant on the level of land reclamation carried out). Inclusion of a suitable seawall to cater for coastal inundation was in excess of a further $2 million. Potential valuations of land generated from reclamation activities between Short St and the proposed Gray St Extension were not identified to meet the estimated costs. It was further identified that associated traffic demand to warrant the additional access to Chinatown is not expected to be generated until 2031.

 

Roebuck Bay Reconnection

 

The Roebuck Bay Reconnection project contains potential fatal flaws associated with the ability of the project to activate and revitalise Chinatown in a timeframe consistent with project implementation, Native Title, and the construction cost of the project. Many of the tenancies located on the western frontage of Dampier Tce front the street, and reorientation of these buildings to the seaward side would likely occur over a long timeframe. An opinion of probable cost for the construction of a seawall on the coastal side and establishment of a new lot frontage was in excess of $7 million. Further to this, exclusive native title exists in the proposed project area.

 

A submission is to be made to the Department to cease work on the Gray St extension and Roebuck Bay Reconnection projects and withdraw funding allocated to these projects for redistribution across other funded activities of the CRP. Whilst these projects are important in the wider landscape of Chinatown and Broome, it is considered that funding could be spent elsewhere resulting in greater activation and revitalisation benefit. A summary of the findings and decision for the projects subject to the fatal flaw analysis are as follows:

 

Feasibility Project Decision

 

·        It has become clear that with the limited funding available everything proposed in the Broome Chinatown Revitalisation Business Case cannot be completed.

·        It has been agreed that the best use of the funding available is to focus on those revitalisation projects that present the best opportunities to strengthen Chinatown, most of which can be completed in the next 12-18 months.

·        The Steering Committee has endorsed prioritising funding for those projects and put on hold the feasibility studies for the Gray St Extension and the Roebuck Bay Reconnection.

·        The remaining budgets (approximately $1.6 million) will be retained and reallocated at a future time to the priority revitalisation projects.

·        The two feasibility studies included potential seawalls to provide protection for Chinatown from sea level rise in the future. However they are not required for this purpose in the short term. The Shire will continue to investigate the suitability of options to protect Chinatown from coastal hazards through its Coastal Hazard Risk Management and Adaption Plan (CHRMAP) project.

·        This decision needs DPIRD approval.

 

Kimberley Centre for Culture, Art and Story

 

At the Ordinary Meeting of Council held on 25 August 2016, Council resolved as follows:

 

COUNCIL RESOLUTION:

(REVISED REPORT RECOMMENDATION)

 

Moved: Cr C Mitchell                                                         Seconded: Cr H Tracey

 

That Council:

1.       Delegates authority to the Chief Executive Officer to make decisions and execute documents on behalf of the Shire in relation to the Chinatown Revitalisation Project in accordance with;

(a)    Sections 5.42 and 9.49A (4) of the Local Government Act 1995;

(b)    The Funding Assistance Agreement with the Department of Regional

Development;

(c)    The MOU with Kimberley Development Commission and Landcorp; and

(d)    The approved Governance Structure for the project.

 

2.       Notes the intended establishment of a Cultural Centre Working Group and its proposed membership and endorses the decision to invite the Chief Executive Officer of Nyamba Buru Yawuru to chair the working group.

 

3.       Notes that the goal of the working group is to develop a concept with a sound business case for the development of an iconic cultural centre that is a major new attraction for visitors and locals alike, presenting the full diversity and depth of all Broome’s and the region’s history, art and culture.

 

4.       Requests the Chief Executive Officer to;

(a)    draft Terms of Reference for the Working Group that reflects the above purpose in consultation with the members of the Chinatown Steering Group for Council’s consideration and endorsement at the September Ordinary Meeting of Council; and

b)      include a representative of the WA Museum in the Terms of Reference for the Working Group.

 

5.       Notes the resignation of Anthea Demin as a Community Representative on the Chinatown Stakeholder and Community Reference Group and thanks her for her contribution to date.

 

6.       Requests the Chief Executive Officer to advertise publicly for expressions of interest           to fill the vacancy on the Chinatown Stakeholder and Community Reference           Group for Council’s consideration.

 

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 8/0

 

Sub-Project 3 of the CRP is the Feasibility and Design of a Kimberley Centre for Culture, Art and Story. This project will comprise community and stakeholder engagement, site services investigation, planning, tenure and detailed analysis of the capital, operational and governance requirements for a Kimberley Centre for Culture, Art and Story. The final task will be to undertake a detailed design and finalise architectural plans and site selection.

 

The Kimberley Centre for Culture, Art and Story Working Group has met on a further six occasions and includes the following membership:

·        Chief Executive Officer – Nyamba Buru Yawuru Ltd (NBY) (Chair);

·        Chief Executive Officer – Shire of Brome;

·        Chief Executive Officer – Kimberley Development Commission;

·        Regional Manager Northern and Goldfields Regions– LandCorp;

·        Director Destination Development and Projects – Tourism WA;

·        Nominee of WA Museum;

·        Representative from Yawuru Native Title Holders Aboriginal Corporation RNTBC;

·        Broome Shire Councillor – Shire of Broome; and

·       Other members as appointed by the Chinatown Steering Committee.

 

Key elements of phase two of the Kimberley Centre for Culture, Art and Story have been completed over the reporting period. These form a Situation Analysis – including investigations to benchmark best practice centres both nationally and internationally; and further studies into potential governance models, sites and funding sources. Engagement conducted to date by NBY with Kimberley- wide indigenous organisations have established broad support for the concept of a Broome based centre that provides a gateway to a deeper cultural experience of the region. As per Council’s resolution at the May Ordinary Meeting, Councillor Matsumoto has been included in the Working Group membership. The Working Group for the project has continued to meet on a monthly basis to monitor progress.

 

Council received a briefing and presentation from Peter Yu, CEO of NBY and the Chair of the Kimberley Centre Working Group, on 4 September 2017 The briefing was attended by Councillors Tracey, Mitchell, Fryer and Fairborn; and included an overview of progress to date, the developing concept and next steps.

 

Councillors were also provided with a revised (proposed) vision for the centre which reflects the evolving nature of the feasibility study into a successful model. The proposed vision will be presented to the Kimberley Centre Working Group at the 20 September 2017 meeting for formal endorsement.

 

4.       Chinatown Stakeholder and Community Reference Group

 

During development of the governance structure for the CRP, the following structure was endorsed:

 

 

The Chinatown Stakeholder and Community Reference Group was established at the Ordinary Meeting of Council held 27 August 2015.  The first meeting of the Group was held on 4 March 2016 and meetings have occurred for the most part on a monthly basis since then.  Minutes from each meeting for the update period (held in February, April, May, and July) are contained in Attachment 6 of this report and provided for Council’s information.

 

The Terms of Reference state that the purpose of the Chinatown Stakeholder and Community Reference Group is to:

1.   Provide input and feedback to the Project Control Group and Council on the Revitalisation of Chinatown.

2.   Ensure the community and key stakeholders are appropriately engaged in the design and delivery of projects as part of the Chinatown Revitalisation.

3.   Act as a conduit between the Project Working Group and the community and traders and landowners in Chinatown.

 

In brief, the Group has been presented the following information and/or deliberated on the following initiatives:

·    review on the Business Case and process and Governance Structure for delivery of the CRP;

·    updates from the Project Control Group;

·    project information and updates, expected activities for 2017 including:

consultation and engagement;

design;

approvals; and

tender.

·    Presentations from the Communications consultant;

·    Presentation received from the Chinatown Investment and Development Coordinator;

·    Investigation into the clearing of mangroves around Streeter’s Jetty;

·    land tenure queries within the Chinatown precinct;

·    activities workshop and liaison with Japanese, Chinese and European cultural groups for the Kimberley Centre Project; and

·    presentation of concept design for comment and refinement.

 

CONSULTATION

 

Kimberley Development Commission

Landcorp

Nyamba Buru Yawuru Ltd

Chinatown Stakeholder and Reference Group

Chinatown Investment and Development Coordinator

Chinatown Traders

Chinatown Land Owners

Tourism WA

 

STATUTORY ENVIRONMENT

 

Nil

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

At the SMC held on 17 June 2016, Council resolved to:

(a)     Allocate $1.7 million dollars over the 2016/17 and 2017/18 financial years to the Chinatown Revitalisation Project.

 

The Terms of Reference for the Steering Group includes responsibility;

-     To approve and manage the release of funds in accordance with agreed budget, process, timelines and milestones within each project and within standard government accountability guidelines;

 

Total Contracted Expenditure to August 2017 is $1,989,318.

 

Total Actual Expenditure to August 2017 is $827,160.

 

RISK

 

The Governance Agreement and Terms of Reference for the CRP have been developed with high regard for the risks associated with the project as outlined in the report considered by Council at the SMC held 17 June 2016.

 

The project schedule remains a critical project risk as the CRP moves forward. Current schedules place the CRP up to two months behind target with regard to compilation of tender documentation. Project delays have occurred in the concept design period and options for delivery projects. The final construction completion date of 31 December 2018 is still on target.

 

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

 

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

 

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

 

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

 

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

 

Affordable and equitable services and infrastructure

 

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

 

Sustainable and integrated strategic and operational plans

 

Responsible resource allocation

 

Effective community engagement

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Notes the progress achieved to date in the delivery of the Chinatown Revitalisation Project as outlined in this report;

2.       Notes the minutes of the Chinatown Stakeholder and Reference Group meetings as attached; and

3.       Endorses the attached Concept Design Plans for community consultation in accordance with the adopted Stakeholder and Community Consultation Plan.

 

Attachments

1.

Chinatown Revitalisation Project FAA Milestones Status

2.

Financial Assistance Agreement

3.

Chinatown Investment and Development Coordinator Update

4.

DRAFT Chinatown Revitalisation Masterplan

5.

Feasibility Study Fatal Flaw Summary Report

6.

CSCRG Meeting Minutes -February 2017- July 2017

  


Item 9.1.1 - CHINATOWN REVITALISATION PROJECT SIX MONTH UPDATE

 

 

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Item 9.1.1 - CHINATOWN REVITALISATION PROJECT SIX MONTH UPDATE

 

 

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AgendaOrdinary Meeting of Council 28 September 2017                                                                        Page 94 of 95

 

 

9.1.2      PETITION TO BAN SINGLE-USE OF PLASTIC BAGS

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nancy Kennedy

FILE:                                                           ADM48;LAW004

AUTHOR:                                                   Environmental Health Coordinator

CONTRIBUTOR/S:                                    Manager Emergency, Health and Ranger Services

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    14 September 2017

 

SUMMARY: At the Ordinary Meeting of Council held 7 September 2017, Cr Tracey presented a petition from Ms 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”.

This report recommends that Council note Ms Kennedy’s petition and subsequent request to introduce a ban against plastic bags in the Shire from retail outlets. It is further recommended that the Shire does not implement a local law in relation to this matter, following a recent announcement by the State Government that it intends to implement regulations to govern the use of plastic bags.

 

 

BACKGROUND

 

Previous Considerations

 

Nil

 

At the Ordinary Meeting of Council (OMC) held 7 September 2017, Cr Tracey presented a petition from Ms 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”. A copy of this petition is included as Attachment 1 to this report.

 

After receiving the petition at the September 2017 OMC, officers verified that out of the 519 signatures, 138 are electors in the Shire of Broome and 16 were possible matches. These were checked against the Certified Rolls from the 2015 Election.

 

COMMENT

 

The use of single-use plastic bags has become widespread in Australian Society with over four billion being used by shoppers each year. A single-use bag is generally defined as being less than 35 microns in thickness. They are light, easy to use and transport and are reasonably durable.

 

There is widespread evidence that the use of the bags has a detrimental effect on the environment. The New South Wales Environmental Protection Agency reports that between 40 to 60 million bags enter the environment each year. This in addition to the 10 to 20 million that are cleaned up each year through clean up activities.

 

There is an increasingly large body of evidence to suggest that the release of plastic into the environment is having a detrimental effect on flora and fauna, including marine fauna. Plastic bags move easily in the environment by both wave and wind actions. When exposed to sunlight they break down. The plastic does not however disappear. The micro particles are known to have a detrimental effect on marine fauna throughout the food chain.

 

The retail industry has become heavily reliant on single-use plastic bags to provide convenience to consumers. Any change or ban on single-use bags would require consultation with retailers in order to consider options for the replacement of these bags. It is almost certain that the replacement would have financial implications on retailers and this would be passed on to consumers.

 

Broome is heavily reliant on a vibrant tourism industry. A significant portion of tourists are travellers who are generally self reliant, staying in caravan parks or camping outside of the townsite. The removal of bags supplied at no cost will necessitate a change in practices for tourists. Some tourists may be forced to buy larger heavier plastic bags and use these for a single-use, therefore placing heavier bags into the environment or landfill. However, the financial implications for these tourists are considered to be reasonably low. The environmental impact of an increase in the single-use of heavier plastic bags is considered likely to be insignificant due to the relatively low numbers of affected people.

 

To implement a ban on single-use plastic bags in the Shire of Broome the making of a new local law would be required. The process to make a new local law takes approximately 6 months. However, this process is likely to take longer for a local law of this type due to the research required to inform the local law, and the need to undertake community and Councillor consultation. The legislative process for making a local law is included in the Statutory Environment section below.

 

The petition states that both the City of Freemantle and the Shire of Exmouth have bans in place.  This is not correct.  In 2013 the City of Fremantle Council voted to adopt a new local law that banned the provision of single-use plastic bags by retailers. This local law was disallowed by the Joint Standing Committee on Delegated Legislation. The City of Fremantle resubmitted the local law in 2015 and it was again disallowed. The Shire of Exmouth does not ban single-use plastic bags, however local retailers do not supply them due to a voluntary restriction. There is currently no legislation in Western Australia either at either a State or local level that prohibits the sale, supply or use of plastic bags.

 

On 12 September 2017, the Western Australian Premier the Hon Mark McGowan MLA announced that the State Government will implement a State-wide ban on single-use plastic bags from 1 July 2018. Although the details of how the program will be implemented are still being considered by the State government officers consider that this is the most appropriate mechanism to implement the ban in the Shire of Broome. 

 

It is likely that the State-wide ban will be implemented through a new or amended regulation under the existing Environmental Protection Act 1986. Regulations do not require the passing by both Houses of Parliament, however the Upper House considers regulations and may disallow the provisions.  The State government anticipates that the Senate will allow the law, however this is not a certainty.

 

Even if the Shire were to commence the local law making process almost immediately, it would be unlikely that the local law would be in place before the State-wide ban takes effect on 1 July 2018.  Further, the local law would be subservient to the regulation to the extent of any inconsistencies.  Therefore, any local law is likely to be largely ineffective once the State-wide provisions come into effect.

 

 

CONSULTATION

 

Officers from the City of Exmouth and City of Fremantle were consulted with as part of the preparation of this agenda item.

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

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.

 

POLICY IMPLICATIONS

 

The Shire of Broome does not currently have a policy on the use of single-use plastic bags.

 

FINANCIAL IMPLICATIONS

 

The implementation of a ban on single-use plastic bags is not likely to have a direct financial effect on the Shire of Broome. However, it may have financial implications for local businesses and their customers arising from the need to provide an alternative.

 

RISK

 

Given that the State government has committed to introducing a State-wide ban on single-use plastic bags, there is little risk associated with the Shire not implementing a ban.  There may be a reputational risk to the Shire should the State-wide ban not proceed either at all or by 1 July 2018, but that risk is considered Low. 

 

Alternatively, if the Shire does seek to introduce a local ban on single-use plastic bags, this may cause reputational impacts arising from local businesses and/or consumers dissatisfied with that decision.  This risk is also considered Low.

 

STRATEGIC IMPLICATIONS  

 

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

 

A healthy and safe environment

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:  

1.       Notes the petition received from Ms Nancy Kennedy as contained in Attachment 1;

2.       Notes that the Western Australia State government has committed to implementing a State-wide ban on single-use plastic bags by 1 July 2018;

3.       Provides in-principle support for the implementation of the State-wide ban on single-use plastic bags by the State government; and

4.       As a result of the proposed State-wide ban, declines to take steps to introduce a local ban on single-use plastic bags within the Shire of Broome.

 

 

Attachments

1.

Petition to Ban Single-Use Plastic Bags

  


Item 9.1.2 - PETITION TO BAN SINGLE-USE OF PLASTIC BAGS

 

 

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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.


AgendaOrdinary Meeting of Council 28 September 2017                                                                   Page 144 of 145

 

 

9.2.1      ADOPTION OF LOCAL PLANNING SCHEME NO.6 AMENDMENT NO.2 DEVELOPMENT CONTRIBUTION PLAN AND DEVELOPMENT CONTRIBUTION AREA

LOCATION/ADDRESS:                             Lots 360, 365, 504, 514, 522, 526, 527, 552, 2605 and 2606 Fairway Drive, Bilingurr; Lot 502 Gubinge Road, Cable Beach; Lot 3144 Dora Street, Broome; Pt. Lot 3128 Coucal Street, Cable Beach; Lot 9051 Jigal Drive, Djugun; and Lot 9053 Lorikeet Drive, Djugun

APPLICANT:                                              Nil

FILE:                                                           LPS6/7

AUTHOR:                                                   Strategic Planning Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    19 July 2017

 

SUMMARY:         In November 2016 Council resolved to advertise an amendment to Local Planning Scheme No. 6 to allow for the establishment of a Development Contribution Area (DCA) and preparation of a supporting Development Contribution Plan (DCP). The purpose of the amendment is to enable local government to seek monetary contributions from land developers for community and standard infrastructure items that are required to support the orderly development of an area.

Contributions are applied to a designated DCA which is incorporated into the Local Planning Scheme via a Scheme Amendment. The methodology for apportioning contributions and the items to which they will relate are set out in the DCP.

The amendment was advertised for a period of 63 days between 27 January 2017 and 30 March 2017. A total of five submissions were received, including three submissions from the affected land owners. Meetings were subsequently arranged with the affected land owners to discuss their concerns in relation to the suitability of infrastructure items, timeframes and compatibility with the draft State Planning Policy 3.6 Guidelines.

Overall, Shire officers consider there is sufficient planning merit to progress the Scheme Amendment as proposed. However, a number of minor modifications have been made to proposed infrastructure items taking into consideration the concerns of affected land owners and the recent grant funding received for Town Beach.

It is recommended that Council resolve to support the amendment and request that the Shire officers forward on the amendment documentation to the Western Australian Planning Commission in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015.

 

 

BACKGROUND

Previous Considerations

 

OMC 28 October 2010                     Item 9.3.14

OMC 30 July 2015                              Item 9.2.1

OMC 26 November 2015                  Item 9.2.5

OMC 27 October 2016                     Item 9.2.3

OMC 24 November 2016                  Item 9.2.6

SMC 7 June 2017                                Item 6.2.1

 

The concept of development contributions for new residential subdivision in Broome has been considered for several years, since the inception of the Broome North residential estate.

 

In November 2015 Council established its intention to prepare a Scheme Amendment (Scheme Amendment No. 2) to introduce a DCA into the Shire’s Local Planning Scheme No. 6 (LPS6). Since that time, Shire officers have worked to finalise all relevant documentation for Scheme Amendment No. 2 to progress. This included the preparation of two technical studies and additional supporting plans and cost estimates as set out below: 

 

·    A District Traffic Study, which models future traffic generation to 2031 and 2051 and recommends improvements to the road network on the basis of this anticipated future traffic (Jacobs, completed 2016);

·    A Public Open Space Irrigation Options Study, which looks at alternative water supply sources to irrigate Public Open Space in the Broome Townsite and associated infrastructure and costs required to implement the preferred option (GHD, completed 2016); 

·    A Concept Plan and cost estimates for a gymnasium at the Broome Recreation and Aquatic Centre (BRAC) (Laird Tran Studio, completed 2016); and

·    A Concept Plan and cost estimates for two covered outdoor sports courts at BRAC (Sports Surfaces and Auspan, 2016). 

 

Shire officers also forwarded Council’s resolution to the Environmental Protection Authority (EPA) as is required under Section 81 of the Planning and Development Act 2005.  Correspondence was received from the EPA on 24 December 2015 stating that Scheme Amendment No. 2 did not require formal environmental assessment under the Environmental Protection Act 1986. 

 

In November 2016 Council resolved to advertise the Scheme Amendment for 60 days. Advertising closed on 30 March 2017 and five submissions were received; three objections from affected landowners and two non-objections from statutory referral agencies.

 

The submissions from affected land owners raised a number of concerns, including the suitability of infrastructure items, timeframes and compatibility with the draft State Planning Policy 3.6 Guidelines.

 

Officers from the Shire of Broome held meetings with all affected owners in order to understand, in more detail, their concerns regarding the proposed amendment. The submissions received and officers’ response are included in Attachment 3.

 

Overall, Shire officers consider there is sufficient planning merit to progress the Scheme Amendment as proposed. However, a number of modifications have been made to proposed infrastructure items taking into consideration the concerns of affected land owners and the recent grant funding received for Town Beach.

 

COMMENT

 

Council is requested to consider adoption of the Scheme Amendment No 2 to LPS6 to introduce a DCP and DCA following the close of the public comment period. A copy of the DCA is provided in Attachment 1 and a copy of the Scheme Amendment Report is provided in Attachment 2. The DCP Report which includes the projects sought to be funded through developer contributions in addition to the planning rational for the inclusion of the projects is provided in Appendix B to Attachment 2.

 

The agenda item prepared for the Ordinary Meeting of Council on 24 November 2016 provided a detailed overview of the Scheme Amendment Report and DCP Report, including:

 

·    Scheme Amendment process;

·    The land included in the DCA;

·    Content of the DCP;

·    Collection of contributions;

·    Infrastructure items, timing and costs;

·    Cost apportionment methodology;

·    Administrative items;

·    Implementation of the DCP;

·    Review of the DCP; and

·    Linkages to LandCorp voluntary Development Contribution.

 

While the abovementioned comments remain valid, it is not proposed that they are repeated, instead the officer’s comments below will focus on the themes raised in the submissions received during the public comment period. In summary, of the five submissions reviewed, three objected to the adoption of the DCP. Officers have reviewed the DCP based on the submissions and it is proposed that some amendments are made to the projects forming part of the DCP. The proposed changes are set out under the heading ‘Changes to the Amendment and DCP following consultation’ below. 

 

Basis for Development Contributions - State Planning Policy 3.6

 

In Western Australia, development contributions for hard infrastructure such as roads, footpaths and utilities have long been accepted as an essential part of the planning system. State Planning Policy 3.6 – Development Contributions for Infrastructure (SPP3.6) provides the framework for the collection of development contributions for the provision of community infrastructure. ‘Community Infrastructure’ includes items such as sporting and recreational facilities, community centres, child care and after school centres, libraries and cultural facilities.

 

SPP3.6 recognises that local governments face increasing pressures on the services they provide. These pressures arise from population and economic growth, increasing expectations of the community for new and upgraded infrastructure, and limited financial

resources. The collection of development contributions is seen as being one way to reduce these pressures.

 

The pressure to provide services to the community is evident within the Shire of Broome. In a community survey undertaken as part of the Broome 2040 project, ‘Upgrading Infrastructure and Services’ was identified by respondents as the biggest challenge for the

Shire over the next 20-40 years.

 

SPP3.6 sets out the principles and considerations that apply to development contributions for the provision of infrastructure in new and established urban areas:

 

1.   Need and the nexus

The need for the infrastructure included in the development contribution plan must be clearly demonstrated (need) and the connection between the development and the demand created should be clearly established (nexus).

2.   Transparency

Both the method for calculating the development contribution and the manner in which it is applied should be clear, transparent and simple to understand and administer.

3.   Equity

Development contributions should be levied from all developments within a development contribution area, based on their relative contribution to need.

4.   Certainty

All development contributions should be clearly identified and methods of accounting for escalation agreed upon at the commencement of a development.

5.   Efficiency

Development contributions should be justified on a whole of life capital cost basis consistent with maintaining financial discipline on service providers by precluding over recovery of costs.

6.   Consistency

Development contributions should be applied uniformly across a Development Contribution Area and the methodology for applying contributions should be consistent.

7.   Right of consultation and arbitration

Land owners and developers have the right to be consulted on the manner in which development contributions are determined. They also have the opportunity to seek a review by an independent third party if they believe that the calculation of the contributions is not reasonable in accordance with the procedures set out in the draft Model Scheme Text in appendix 2.

8.   Accountable

There must be accountability in the manner in which development contributions are determined and expended.

 

Key provisions of SPP3.6 have been incorporated into the Shire’s LPS6 and provide a statutory framework for adopting DCPs as amendments to the Scheme. The DCP Report contained in Attachment 2 demonstrates how the eight principles of SPP3.6 have been achieved.

 

Draft SPP 3.6, Draft Scheme Text Provisions and Draft Guidelines

 

The Department of Planning, Lands and Heritage (DPLH) has undertaken a review of SPP3.6 which was released for comment in late 2016 (closing on the 25 November 2016). The review included a suite of draft development contribution documents, including:

 

·    Revised SPP 3.6 including modifications to clarify certain matters and provide information in existing appendices in separate supporting documents.

·    Draft Guidelines to provide additional guidance and explanatory information in support of SPP 3.6 to ensure that the policy is interpreted and implemented consistently across local governments; and

·    Draft Scheme Text Provisions to provide consistency in the application of developer contribution plans through local planning schemes.

 

The objections raised to the Shire’s DCP largely relate to the Draft Guidelines, which were not available at the time the DCP was being prepared. The Shire in its submission to the Department (which was endorsed by Council at the Ordinary Meeting of Council on 27 October 2017) highlighted concerns with the Draft Guidelines which included that the Guidelines were largely suited to a metropolitan setting and did not consider regional factors. Given that the submissions received on the Shire’s DCP largely relate to the draft Guidelines, the Shire has sought clarification from the DPLH regarding the status of the Guidelines. At this point, the Shire has not been advised of a timeframe on when the review will be completed and were advised to address each of the submissions received and provide rationale as to why the Guidelines may be inappropriate for Broome, which would be taken into account by the WAPC when considering the Shire’s DCP. 

 

The rationale is set out in the Schedule of Submissions and also in the comments below in response to key themes raised in the submissions.

 

Timeframes are longer than the 5- 10 year timeframes set out in SPP3.6

 

The submissions identified that the DCP timeframe (up to 2031) is outside of the recommended timeframe of five to ten years as set out in SPP3.6.

 

The timeframe is consistent with the horizon used for population projections and growth scenarios under the State Government’s WA Tomorrow Report and the Shire’s Local Planning Strategy (LPS). These projections and scenarios have informed the strategic recommendations of the LPS including the identification of Future Development Areas, which have been used to inform the DCA’s extent.

 

If a shorter timeframe were to be proposed, there would be a risk that developers would defer subdivision in the hope of avoiding making a contribution. This would be detrimental as the majority of available land for greenfield and large infill development in the Broome townsite is captured within the DCA. Neutralising this land from development would lead to stagnation of the residential housing market and would adversely affect housing affordability. The longer timeframe provides certainty to developers and the community that contributions will be required and infrastructure will be delivered as Broome’s population grows.

 

It is considered that the Shire’s DCP should align with the timeframes of its key strategic planning documents and therefore it is recommended that no amendments are made in this regard. It should also be noted, that DCP’s in other local government areas, including Margaret River (15 years) and City of Rockingham (20 years) have timeframes beyond 10 years.

 

DCP items which are excluded under the Draft Guidelines

 

Submissions identified that the SPP3.6 Draft Guidelines exclude regional infrastructure and request that items falling under this category in the DCP be removed.  This would mean that the works identified at the Broome Recreation and Aquatic Centre (BRAC) should not be funded through a DCP.

 

It is acknowledged that certain items in the DCP are identified as regional infrastructure for the purposes of the draft Guidelines. However, it is considered that the facilities that are proposed to be provided at BRAC are in many ways commensurate with what would be provided at a ‘Multi-Purpose District Sports Ground’ in a metropolitan context where contributions can be accepted – i.e. grassed playing surfaces, multi-purpose sports courts, toilets and change rooms.

 

Implying that these facilities cannot be included in a DCP simply because of the ‘regional’ label is not supported in the context of Broome and regional areas generally. There is a substantive difference between ‘regional’ facilities in Perth which may cater for a catchment of a hundred thousand people across multiple local government areas, and ‘regional’ facilities in Broome which cater for the population of Broome (15,000 permanent residents) only.

 

It is considered that the same situation is experienced in many regional local government areas which have smaller populations than their metropolitan counterparts and consolidated recreation facilities which provide for the entire resident population. Upon review of existing DCP in other regional local governments, it is evident that the WAPC has supported ‘regional’ facilities in these areas for this very reason.

 

While the draft Guidelines are a material consideration in determining the suitability of items for inclusion within the DCP, preliminary discussions with the DPLH have identified that items can be supported where there is sufficient planning merit for their inclusion. Therefore, it is not recommended that any amendments are made in this regard.

 

Town Beach Foreshore Works

 

The Draft Guidelines identify that foreshore works are excluded under SPP3.6 except in the case of fragmented lands where it is the only way to facilitate development. Furthermore, the submissions received request that the upgrades at Town Beach be removed on the grounds that the items are more reflective of regional infrastructure, and there is no clear ‘nexus and need’ between the items and the DCA. 

 

In response, Shire officers have reconsidered the inclusion of Town Beach/Jetty-to-Jetty items, and have made modifications to remove these items from the DCP. Officers have concluded that these items do not sufficiently address the ‘nexus and need’ requirements of SPP3.6 and could jeopardise the progression of the amendment if they were to remain in the DCP. It is also important to note that the Shire has received grant funding for some of the items, which consequently places less pressure on the items being funding through development contributions.  

 

Population projections

 

One of the submitters questioned whether the population projections informing the DCP overestimate actual population growth, thus resulting in some of the infrastructure not being required for more than 15 years. 

 

In response, the population projections used for the DCP allow for a moderate growth rate of 2.3%. This is considered to be conservative and a reflection of the changing economic climate as it is considerably lower than the historical Annual Average Growth Rate (AAGR) in Broome from 1976-2013, which was 3.97% and also lower than ‘aspirational’ scenarios of 3%, 4% and 5% considered in the Kimberley Regional Planning and Infrastructure Framework (Department of Planning, 2015).  

 

During the annual reviews of the DCP the Shire will consider whether the projected growth rate needs adjustment on the basis of observed conditions and any recent projections undertaken.

 

Pay twice (DCP and rates)

 

It is contested in the submissions that without a differential rate structure in place to reduce the rate levy for owners within the contribution area, those owners within the DCA would be financially penalised. That is, landowners within the contribution area would pay toward DCP costs through ordinary rate contributions. The landowners would then make additional payment through the DCP.

 

In response, the premise of adopting a DCP and collecting DCP developer contributions is long established in the WA Planning System.  The Shire’s DCP is consistent with the SPP3.6 and how development contributions have been applied and collected in other local government areas throughout the State.

 

The contribution amount under the DCP is paid for by the developer at the time of seeking subdivision clearance and is not paid by the owner of the lot. The justification for developer contributions is that the party which is receiving the benefit from undertaking the development (the developer) is contributing to infrastructure that is required to support the additional residents, rather than that cost having to be met wholly by the local government (and its residents). 

 

It is noted that the subsequent landowners will then be paying rates, however rates are levied for a variety of reasons and not solely for undertaking capital works to meet future population growth, which is the role of a DCP.  

 

Fit for Purpose Water Supply Study - certainty over implementation of the project.

 

It is contested that there is an insufficient level of certainty associated with the proposed water infrastructure identified through the Fit for Purpose Water Supply study to justify inclusion with the DCP. In particular, submitters were concerned that the proposed infrastructure may not eventuate or the Broome North Waste Water Treatment Plant may be decommissioned, with the community not receiving benefits from the contributions. Submitters also expressed that this should not be included in the DCP as it would deliver operational savings to the Shire.

 

The Shire and the Department of Water have identified that the current manner in which public open space (POS) is irrigated will be neither cost-effective nor sustainable as the area of POS in Broome increases. The sustainable irrigation of public open space areas created through the subdivision of land process is required to address the Better Urban Water Management Principles and this is currently not being satisfied in new urban areas in Broome.

 

While it is noted that the implementation of the system may deliver operational savings to the Shire in the long-term, the main emphasis of this project is to achieve sustainability and to ensure that the principles within the Better Urban Water Management Guidelines are achieved for new subdivisions. The potential for operational savings is not the driving factor for inclusion of this item in the DCP. Essentially, given the large capital investment required to build this infrastructure, it is beyond the Shire’s fiscal capacity to build it on its own, and is likely to be beyond the capacity of an individual developer to construct. Given that the facility will ultimately provide water for many developments, the funding of this should be provided through a DCP so all future developments are equally contributing to this new infrastructure.

 

Further, it is not unreasonable to consider the operational costs of infrastructure in determining its suitability.  If infrastructure is established (with or without development contributions) that is not feasible to maintain, then it does not serve its intended purpose. 

 

The Shire is continually working on the implementation of the preferred option, which includes ongoing discussions with the Water Corporation. The Shire is of the view that the project is consistent with the SPP3.6 principles and therefore it is recommended that it remain in the DCP.

 

 

Changes to the Amendment and DCP following consultation

 

As set out in the comments above, upon review of the submissions, it is recommended that the Town Beach and Jetty-to-Jetty items are removed from the Scheme Amendment and the DCP.

 

Officers have also made the following amendments to the DCP:

 

·    All project costings have been updated to reflect Local Government Cost Index (LGCI) increases as of June 2017;

·    Inclusion of decimal places in total project costs;

·    Updates to reflect changes in the Long Term Financial Plan. This has resulted in the Treated Wastewater Infrastructure and Broome North – District Sporting Field and Player Amenities being pushed back one year, and Lighting to Joseph Nipper Oval being brought forward three years.

 

With the above adjustments and removal of the Town Beach and Jetty to Jetty projects, the overall amount of developer contributions has been reduced by $3,584,155. The table below shows a comparison of the per-dwelling contribution for each development area of the original DCP compared with that in the updated DCP.

 

Original DCP: Cost Per Dwelling including Town Beach and Jetty to Jetty items

 

 Area

No of Dwellings

Total Cost per Dwelling

Broome North

2147

$4,792.49

Roebuck Estate Western Triangle

169

$6,408.72

Yawuru Gubinge Road

65

$5,447.08

Roebuck Estate Lot 9053 Lorikeet Drive

750

$3,880.31

Yawuru Clementson

76

$3,880.31

 

Revised DCP: Cost Per Dwelling excluding Town Beach and Jetty to Jetty items

 

Area

No of Dwellings

Total Cost per Dwelling

Broome North

2147

$3,674.89

Roebuck Estate Western Triangle

169

$5,291.11

Yawuru Gubinge Road

65

$4,329.47

Roebuck Estate Lot 9053 Lorikeet Drive

750

$2,762.70

Yawuru Clementson

76

$2,762.70

 

When reviewing the costs in the Shire’s DCP compared to other local government DCPs, while the contributions vary between different areas, the Shire’s contributions are within the ranges adopted in other jurisdictions. The table below provides a brief overview of DCP costs in other local governments:

 

 

Local government area

DCP amount per lot

Margaret River

$1,297.76

Busselton

Minimum charge $1,553.00

Maximum charge $5,060.00

Wanneroo - Yanchep

$2,780.00

Rockingham

Minimum charge $1,860.00

Maximum charge $3,335.00

Cockburn

Minimum charge $3,112.98

Maximum charge $5,506.55

Kwinana - Mandogalup

$7,043.73

Kwinana – Wellard East

$6,573.93

 

Summary comments

 

The Schedule of Submissions included in Attachment 3 considers all the submissions received during the consultation period and provides officer recommendations in respect to each of the submissions. In the main, the submissions did not object to the principle of a DCP, however concerns were raised in respect to the suitability of items and compliance with the draft Guidelines.

 

Officers subsequently met with affected property owners in order to further understand their concerns, and as a result, changes were made to the DCP, removing Town Beach and Jetty to Jetty items. It is understood that the affected property owners welcome this move, however, they are unable to provide their support for the DCP unless extensive work is undertaken to further address their concerns. 

 

In response, it is considered that the DCP report (Attachment 2) and the Schedule of Submissions (Attachment 3) provide sufficient justification to address the concerns of affected land owners and enable the DCP to progress subject to the proposed changes. It is therefore recommended that Council support the proposed Scheme Amendment and DCP subject to the proposed modifications.

 

CONSULTATION

 

SPP3.6 states that ‘Land owners and developers have the right to be consulted on the manner in which development contributions are determined.’ Accordingly, the Scheme Amendment was advertised for a period of 63 days thus satisfying the requirement for a complex amendment under the Regulations. Public advertising included:

 

·    publication of a public notice in a newspaper circulating in the scheme area;

·    display of a copy of the notice in the Shire administration office and on the Shire website;

·    display of a copy of the scheme amendment documentation for public inspection;

·    letters to public authorities the Shire considers could be affected by the amendment; and

·    notice to any landowners whose property is proposed to be incorporated into the DCA. 

 

A total of five submissions were received; three objections and two non-objections. The submissions from affected land owners raised a number of concerns, including the suitability of infrastructure items, timeframes and compatibility with the draft State Planning Policy 3.6 Guidelines.

 

Meetings were subsequently held with all affected land owners to enable Shire officers to work through their submissions. The schedule of submissions included in Attachment 3 provides details of the submissions received and the Shire’s response. An overview of the main issues raised in the submission is provided in the comments section above. Copies of the individual submissions have been included in Attachment 4.

 

STATUTORY ENVIRONMENT

 

Planning and Development Act 2005

75.     Amending scheme

A local government may amend a local planning scheme with reference to any land within its district, or with reference to land within its district and other land within any adjacent district, by an amendment —

(a)    prepared by the local government, approved by the Minister and published in

the Gazette; or

(b)    proposed by all or any of the owners of any land in the scheme area, adopted,

with or without modifications, by the local government, approved by the

Minister and published in the Gazette.

 

Planning and Development (Local Planning Schemes) Regulations 2015

41.     Consideration of submissions on complex amendments

 

(1)     In this regulation —

consideration period, in relation to a complex amendment to a local planning scheme, means the period ending on the latest of the following days —

(a)     the day that is 90 days after the end of the submission period for the amendment;

(b)     the day that is 21 days after the receipt of a statement in respect of the amendment delivered under section 48F(2)(a) of the EP Act;

(c)     the day that is 21 days after the receipt of a statement in respect of the amendment delivered under section 48G(3) of the EP Act if that statement is in response to a request by the local government made under section 48G(1) of the EP Act before the later of the days set out in paragraphs (a) and (b);

(d)     a day approved by the Commission;

submission period, in relation to a complex amendment to a local planning scheme, means the period for making submissions specified in the notice in respect of the amendment referred to in regulation 38(1).

(2)     The local government —

(a)     must consider all submissions in relation to a complex amendment to a local planning scheme lodged with the local government within the submission period; and

(b)     may, at the discretion of the local government, consider submissions in relation to the amendment lodged after the end of the submission period but before the end of the consideration period.

(3)     Before the end of the consideration period for a complex amendment to a local planning scheme, or a later date approved by the Commission, the local government must pass a resolution —

(a)     to support the amendment to the local planning scheme without modification; or

(b)     to support the amendment to the local planning scheme with proposed modifications to address issues raised in the submissions; or

(c)     not to support the amendment to the local planning scheme.

(4)     If no submissions have been received within the submission period, the resolution referred to in subregulation (3) must be passed as soon as is reasonably practicable after the end of the submission period.

 

44.     Information on complex amendment to be provided to the Commission

 

(1)     After passing a resolution under regulation 41(3) the local government must provide the advertised amendment to the local planning scheme to the Commission together with the following —

(a)     a schedule of submissions made on the amendment;

(b)     the response of the local government in respect of the submissions;

(c)     particulars of each modification to the amendment proposed by the local government in response to the submissions;

(d)     if any proposed modification to the amendment was advertised —

(i)      an explanation of the reasons for advertising the modification; and

(ii)     particulars of how the modification was advertised; and

(iii)     a schedule of submissions made on the proposed modifications; and

(iv)    the recommendation of the local government in accordance with regulation 42(7)(c) in respect of each submission;

(e)     a copy of the resolution passed under regulation 41(3);

(f)      if that resolution was a resolution under regulation 41(3)(c) — a summary of the reasons why the local government does not support the amendment to the local planning scheme;

(g)     details of any provision in the local planning scheme as it will be amended that varies or excludes a provision set out in Schedule 1;

(h)     details of any provision in the local planning scheme as it will be amended that supplements a provision set out in Schedule 2;

(i)      any relevant maps, plans, specifications and particulars required by the Commission.

(2)     A schedule of submissions referred to in subregulation (1)(a) and (d)(iii) must include the following -

(a)     the name and address of the person making the submission;

(b)     where it is relevant, a description of the property that is the subject of the submission;

(c)     the submission or a summary of the submission.

(3)     The documents referred to in subregulation (1) must be provided to the Commission-

(a)     in the case of a resolution to support an amendment to a local planning scheme without modification or not to support an amendment to a local planning scheme — within 21 days of passing the resolution; or

(b)     in the case of a resolution to support an amendment to a local planning scheme with proposed modifications —

(i)      if the local government decides not to advertise the proposed modification — within 21 days of passing the resolution; or

(ii)     otherwise — within 21 days of complying with regulation 42(7); or

(c)     if the Commission in any case approves a longer period — within that longer period.

 

 

POLICY IMPLICATIONS

 

State Planning Policy 3.6

 

FINANCIAL IMPLICATIONS

 

The adoption of a DCP commits Council to the expenditure of $14,033,412 on infrastructure by 2031, as set out in the table below. The total cost of the infrastructure items is $26,454,245 and the DCP provides for $12,420,832 to be obtained through development contributions (figures rounded to the nearest dollar).

 

Infrastructure Item

Timing

Capital Cost

Shire contribution

Developer  contributions

Standard Infrastructure – Roads

Intersection Upgrade – Port Drive / Guy Street (roundabout)

2020/21

$968,281

$824,101

$4,148,090

Intersection Upgrade – Frederick Street / Cable Beach Road East

2026/27

$655,474

Carriageway Upgrade – Guy Street from Hunter Street to Port Drive

2026/27

$1,835,523

Carriageway Upgrade –Sandpiper Avenue from Broome Road to Sanderling Avenue

2029/30

$1,512,911

Standard Infrastructure – Water 

Treated Wastewater Infrastructure including tertiary treatment plant, transfer pump station, delivery and distribution pipelines and day storage tanks

2030/31

$9,891,227

$5,675,274

$4,215,952

Community Infrastructure

BRAC – Two Covered Outdoor Sports Courts

2020/21

$1,192,855

$778,691

$419,295

BRAC – Car Parking Upgrades (Stage 1)

2022/23

$1,705,210

$1,108,386

$596,823

BRAC – Lighting to Joseph Nipper Roe Oval

2019/20

$1,192,855

$775,355

$417,499

BRAC – Access improvements and connection to Frederick Street

2024/25

$262,340

$170,521

$91,819

BRAC – Car Parking Upgrades (Stage 2)

2025/26

$464,140

$301,691

$162,449

BRAC – Gymnasium

2027/28

$570,502

$370,826

$199,675

Broome North – District Sporting Field and Player Amenities

2029/30

$6,197,793

$4,028,565

$2,169,227

TOTAL

 

$26,454,245

$14,033,412

$12,420,832

 

The DCP proposes that the Shire’s cost contribution will be met through municipal funding, which may include a combination of sources as appropriate, including revenue from rates, borrowings, and reserve transfers.  It is acknowledged that over time, the Shire may seek and successfully obtain grant funding to assist with infrastructure provision. Future grant funding has not been factored in to the DCP at this time, however, as there is no certainty that this revenue source will be available. A similar rationale has been applied to any future financial assistance which may be provided by the Water Corporation to implement the treated waste water irrigation scheme.

 

Council reviewed the Shire’s Long Term Financial Plan (LTFP) in conjunction with the full review of the Corporate Business Plan, which was adopted by Council at 15 December 2016 Ordinary Meeting of Council, and all the infrastructure projects have been factored into the LTFP as capital works. Costings and timings in the DCP are generally consistent with those in the LTFP to ensure that there will be sufficient funds available to meet the Shire’s obligations under the DCP. As a further conservative measure, the LTFP has not accounted for any revenue from development contributions before 2025-26, meaning that any infrastructure projects that are scheduled for construction before this time will be financed through other sources with costs later recouped through contributions as they are received. 

 

It is noted that whilst the projects identified in the DCP cannot be altered without a Scheme Amendment, the cost estimates are required to be reviewed annually, meaning that the amount of investment from the Shire and developers is likely to change over time. As discussed above, LPS6 contains mechanisms for addressing either shortfalls or surpluses in contributions over the life of the DCP. 

 

There will be costs associated with the administration of the DCP. Scheme Amendment No. 2 identifies the possible sources of these costs, and thereby enables the Shire to levy additional contributions from developers to meet them. As no contributions are currently identified, any costs incurred from administration of the DCP will be met, at least in the first year, by the Shire.  An amount of $15,000 per annum has been included in the LTFP for DCP administration, but this figure will have to be reviewed on an annual basis through adoption of the annual budget.

 

RISK

 

Without a DCP in place, the Shire will not be able to require development contributions for new residential subdivisions in Broome. Whilst voluntary agreements may be entered into, this will be at the discretion of the developer. This could lead to the loss of millions of dollars that can be used help fund the construction of standard and community infrastructure within the town. Risks associated with progressing the DCP are discussed below.

 

One risk in terms of progressing with the DCP is that it commits the Shire to provide the identified infrastructure within 15 years. However, this risk is minimised to a degree as the Shire has the ability to at any time seek a further Scheme Amendment to modify the project list or DCP timeframes. Whilst this will require officers’ time to prepare the relevant documentation and approximately 12 months to progress the amendment through the WAPC, there is still some flexibility to change projects if circumstances warrant. 

 

A further risk is that the cost estimates are inaccurate and will result in too few contributions being collected, leaving the Shire to fund the shortfall. To reduce this risk, cost estimates will be reviewed on an annual basis and the contribution amounts updated accordingly. LPS6 also allows for the Shire to enter into an agreement with landowners to fund any shortfall which may occur once all contributions have been made.

 

Similar to this is the risk that new residential development will not progress at the rate envisaged, meaning that contributions will not be received in time to fund the infrastructure. Whilst the DCP is based upon a moderate growth rate (2.3% per annum, in line with Scenario 2 under the LPS and ‘Band C’ in the State government’s WA Tomorrow projections), this may occur given the current economic climate and associated drop in newly constructed dwellings.

 

As set out above, the working version of the LTFP acknowledges this, and does not factor in any contributions until 2025-26.  This increases confidence that the Shire is not reliant on a certain level of contributions being received before key projects can progress. It is acknowledged that borrowings may be required to fund some of the earlier projects prior to contributions being collected. The DCP allows for interest on borrowings to be recouped from developers as an administrative cost. Furthermore, LPS6 states that if the period of a DCP expires without a landowner’s full contribution being received, the landowner’s liability to pay the contribution continues and is to be carried over into any subsequent DCP prepared.

 

Whilst the introduction of a DCP is not without risk, it is considered that there are adequate mechanisms in place through the Shire’s Integrated Planning Framework, LPS6 and the DCP to reduce these risks to tolerable levels.

 

STRATEGIC IMPLICATIONS

 

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

 

Affordable services and initiatives to satisfy community need

 

Accessible and safe community spaces

 

Participation in recreational and leisure activity

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

 

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

 

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

 

Affordable and equitable services and infrastructure

 

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

 

An organisational culture that strives for service excellence

 

Sustainable and integrated strategic and operational plans

 

Responsible resource allocation

 

Effective community engagement

 

Improved systems, processes and compliance

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:  

1.       Considers all the submissions received through the public advertising submission period for proposed Amendment No.2 to the Shire’s Local Planning Scheme No.6 in accordance with regulation 41 (2) of the Planning and Development (Local Planning Schemes) Regulations 2015.

2.       Supports Amendment No. 2 to Local Planning Scheme No 6 as shown in Attachment 2 in accordance with regulation 41 (3) of the Planning and Development (Local Planning Schemes) Regulations 2015.

3.       In accordance with regulation 44 (1) of the Planning and Development (Local Planning Schemes) Regulations 2015, provides the Western Australian Planning Commission with:

a)      a copy of the advertised scheme amendment;

b)      the schedule of submissions including the response of the local government in respect of each submission and particulars of each modification to the amendment proposed by the local government in response to the submissions as shown in Attachment 3;

c)      a copy of the Council resolution; and

d)      a copy of the Development Contribution Area map.

4.       Forwards the amendment documentation to the Western Australian Planning Commission and the Minister for Planning in accordance with regulation 44 (1) of the Planning and Development (Local Planning Schemes) Regulations 2015.

5.       Acknowledges in writing the receipt of each submission received in accordance with regulation 40 (2) of the Planning and Development (Local Planning Schemes) Regulations 2015.

6.       Approves the Shire President and Chief Executive Officer to sign the Scheme Amendment Report and apply the Common Seal.

 

Attachments

1.

Development Contribution Area

2.

Scheme Amendment Report

3.

Schedule of Submissions

4.

Copies of Submissions

  


Item 9.2.1 - ADOPTION OF LOCAL PLANNING SCHEME NO.6 AMENDMENT NO.2 DEVELOPMENT CONTRIBUTION PLAN AND DEVELOPMENT CONTRIBUTION AREA

 

 

 

 



Item 9.2.1 - ADOPTION OF LOCAL PLANNING SCHEME NO.6 AMENDMENT NO.2 DEVELOPMENT CONTRIBUTION PLAN AND DEVELOPMENT CONTRIBUTION AREA

 

 

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Item 9.2.1 - ADOPTION OF LOCAL PLANNING SCHEME NO.6 AMENDMENT NO.2 DEVELOPMENT CONTRIBUTION PLAN AND DEVELOPMENT CONTRIBUTION AREA

 

 

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Item 9.2.1 - ADOPTION OF LOCAL PLANNING SCHEME NO.6 AMENDMENT NO.2 DEVELOPMENT CONTRIBUTION PLAN AND DEVELOPMENT CONTRIBUTION AREA

 

 

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Item 9.2.1 - ADOPTION OF LOCAL PLANNING SCHEME NO.6 AMENDMENT NO.2 DEVELOPMENT CONTRIBUTION PLAN AND DEVELOPMENT CONTRIBUTION AREA

 

 

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Item 9.2.1 - ADOPTION OF LOCAL PLANNING SCHEME NO.6 AMENDMENT NO.2 DEVELOPMENT CONTRIBUTION PLAN AND DEVELOPMENT CONTRIBUTION AREA

 

 

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Item 9.2.1 - ADOPTION OF LOCAL PLANNING SCHEME NO.6 AMENDMENT NO.2 DEVELOPMENT CONTRIBUTION PLAN AND DEVELOPMENT CONTRIBUTION AREA

 

 

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Item 9.2.1 - ADOPTION OF LOCAL PLANNING SCHEME NO.6 AMENDMENT NO.2 DEVELOPMENT CONTRIBUTION PLAN AND DEVELOPMENT CONTRIBUTION AREA

 

 

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Item 9.2.1 - ADOPTION OF LOCAL PLANNING SCHEME NO.6 AMENDMENT NO.2 DEVELOPMENT CONTRIBUTION PLAN AND DEVELOPMENT CONTRIBUTION AREA

 

 

 

 

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Item 9.2.1 - ADOPTION OF LOCAL PLANNING SCHEME NO.6 AMENDMENT NO.2 DEVELOPMENT CONTRIBUTION PLAN AND DEVELOPMENT CONTRIBUTION AREA

 

 

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Item 9.2.1 - ADOPTION OF LOCAL PLANNING SCHEME NO.6 AMENDMENT NO.2 DEVELOPMENT CONTRIBUTION PLAN AND DEVELOPMENT CONTRIBUTION AREA

 

 

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Item 9.2.1 - ADOPTION OF LOCAL PLANNING SCHEME NO.6 AMENDMENT NO.2 DEVELOPMENT CONTRIBUTION PLAN AND DEVELOPMENT CONTRIBUTION AREA

 

 

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Item 9.2.1 - ADOPTION OF LOCAL PLANNING SCHEME NO.6 AMENDMENT NO.2 DEVELOPMENT CONTRIBUTION PLAN AND DEVELOPMENT CONTRIBUTION AREA

 

 

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AgendaOrdinary Meeting of Council 28 September 2017                                                                   Page 519 of 520

 

 

9.2.2      CABLE BEACH SUNSET MARKETS - CABLE BEACH AMPHITHEATRE

LOCATION/ADDRESS:                             Lot 2789 Cable Beach Road West, Cable Beach

APPLICANT:                                              Georgie Adeane

FILE:                                                           RES 36477

AUTHOR:                                                   Planning Officer

CONTRIBUTOR/S:                                    Manager Planning & Building Services

Events and Economic Development Coordinator

Manager Emergency, Health and Ranger Services

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    11 July 2017

 

SUMMARY:         This report seeks Council’s consideration for a proposal to undertake a trial between 1 June 2018 and 1 October 2018 for markets at Cable Beach amphitheatre. The markets will operate on one evening per week during the trial period and will consist of up to 25 food and beverage stalls/food vans and a pop up bar.

It is recommended that Council approve the application as a trial and grant a 4 month market licence under the Shire of Broome’s Trading, Outdoor Dining and Street Entertainment Local Law 2016.

 

 

BACKGROUND

 

Previous Considerations

 

Nil

 

The applicant initially lodged an application for markets proposing two alternate locations (Cable Beach and the amphitheatre) and an agenda item was prepared for consideration at the Ordinary Meeting of Council on the 27 July 2017. The applicant sought to amend the market proposal resulting in the item being withdrawn from this meeting.

The applicant has since provided an updated proposal which is the subject of this item. Officers have also undertaken consultation with adjacent food businesses and approved trading activities. The outcome of the consultation is set out below.

 

Description of the Proposal

 

The applicant has provided an updated proposal, which seeks to use the Cable Beach amphitheatre to operate weekly markets. The markets will consist of up to 25 food and beverage market stall marquees and vans, including a pop up bar. The markets will operate every Wednesday, between the hours of 4.30pm and 9pm, from mid June 2018 until mid September 2018. The applicant will aim for the markets to be plastic free and ecofriendly, consisting of food and beverage vendors and local musicians to create ambience.

 

Attachment 1 indicates proposed layout and location of the Cable Beach Sunset Markets.

 

COMMENT

 

The applicant has stated that the Cable Beach Sunset Markets aims to create an iconic weekly event at Cable Beach during the busy tourist season. Market stalls and a pop up bar at Cable Beach seeks to create a vibrant dining and socialising opportunity for both tourists and local residents. The applicant believes that the Cable Beach amphitheatre is an appropriate setting for Sunset Markets, with the perfect weather for outdoor dining during the dry season. Council is requested by the applicant to issue a market licence as a trial over four months in 2018. The elements that have been considered by officers in forming a recommendation on this application are set out below.

 

Locations

 

Several options for the location of the proposed markets have been investigated by the applicant. Initially it was proposed that the markets be located on the grassed area between the Surf Lifesaving Club and Zanders Restaurant. However, given the restricted vehicular access and existing functions booked at the Surf Club, Officers advised against this location.

 

The applicant, together with officers, then explored other potential locations within the Cable Beach vicinity to situate the proposed markets. These locations include a portion of the beach, the northern and the southern car parks and the reserve east of the existing ablutions facility. The applicant sought to pursue two options for the markets, being a portion of Cable Beach and the amphitheatre. These two options formed part of the agenda item prepared for consideration at the July 2017 Ordinary Council Meeting. The applicant advised after the agenda was finalised that the location on the beach was unsuitable for varying reasons including concerns with tidal surges, logistics of running the markets in this location and vehicular access limitations. The applicant also sought to amend the positioning and layout proposed in the Cable Beach amphitheatre. As a result, the proposal was withdrawn from the July 2017 Ordinary Meeting to enable the applicant to submit a revised proposal.

 

Since this time, the applicant has updated the proposed market layout and positioning and is seeking approval for this to occur on a portion of the Cable Beach amphitheatre. Attachment 1 shows the proposed layout of the Cable Beach Sunset Markets.

 

The applicant is seeking approval for use of this area as it would have minimal impact on traffic, parking and existing event bookings. Further, the applicant has expressed that for the markets to be successful, it should occur on a lawn surface instead of parking hardstand.

 

Trading, Outdoor Dining and Street Entertainment Local Law 2016

 

The market proposal has been assessed against the Trading, Outdoor Dining and Street Entertainment Local Law 2016 to ensure that all requirements are met. Part 4 of the Local Law details the process and limitations on granting a market licence. The Local Law details the following responsibilities of the market licensee:

 

“4.6.1 The licensee must —

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

 

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

 

The applicant has advised the onsite manager will arrive at the approved location at 1pm to begin preparing the site for the market. The additional ablution facilities will arrive on site at 1.30pm and stallholders will arrive from 2.30pm. Trade will commence at 4.30pm and will end at 9pm, with all equipment removed from the site by the stallholders and the site being cleaned by 10pm. The applicant has confirmed all stallholders must have an ABN number, temporary food licence, certificate of currency and food registration prior to trading.

 

It should be noted that the issue of a market licence does not give the licensee exclusive possession or use of the approved market area. Furthermore, a condition will be included on the approval that the market is to comply with the all relevant local laws.

 

Cable Beach Development Strategy

 

The Cable Beach Development Strategy (2016) sets out medium to long term strategic planning objectives for Cable Beach and its surrounds, articulates development control provisions for new land use and development and identifies actions the Shire can take to achieve its stated objectives. With regards to public trading activities, the Strategy states:

 

“Promote Public Trading Activities

The seasonal nature of Broome’s tourism industry is a barrier to encouraging enterprise development in the Precinct. Allowing dedicated areas for mobile public traders, who can activate the area in the peak season and cease or scale back operations in the off-peak season, is one way to address this constraint. A number of locations may be suitable for public traders.”

 

“Kiosk /Mobile Trader on Cable Beach

 

There is an opportunity for a mobile trader to be established on Cable Beach selling snack food and beverages. Opportunities to serve alcohol in a designated area can also be considered.”

 

The markets will assist in the activation of Cable Beach precinct during the busy tourist season by allowing mobile public traders to operate from the amphitheatre. The markets are considered suitable for public traders as they will create an iconic event with a good ambience, whilst having minimal impact on Shire infrastructure.

 

Draft Events Attraction Strategic Development Plan

 

At the February 2017 Ordinary Meeting of Council, Council endorsed the recommendation of the Economic Development Advisory Committee to explore attracting more events to Broome, including food and wine focussed events. Further to this recommendation, Officers worked with a consultant to identify the types of events that would be best suited to Broome. The draft Events Attraction Strategic Development Plan (EASDP) was presented at the June 2017 Councillor’s workshop.

 

In the EASDP it was identified that events that are unique to the region would have greater potential to be successful and sustainable. Food markets overlooking Cable Beach would be a unique experience for visitors and locals alike. The EASDP also noted that events would be best suited if they meet the needs of the target market of tourist visiting the region being the Grey Explorer, the Dedicated Discoverer and the Aspirational Achievers. Markets would appeal to all of these groups bringing vibrancy to an area that attracts many to watch the sunset. Furthermore, it will add depth to the visitor experience and has the potential to encourage tourists to extend their stay in the region.

 

Local Planning Policy 8.30 Minor Development

 

Table 1 of the Local Planning Policy 8.3 Exempt Development, identifies that development

approval is not required for the use of any land that is approved through a licence or permit issued under the local law. The policy also requires that the activity does not involve

alterations to the land or the construction of permanent structures. Furthermore, it specifies

that the activity must not be exclusive use.

 

A market licence is issued under the Local Law and will not provide the licensee with exclusive use of the proposed market site. There will be no alterations to the site nor will any permanent structures be constructed. Therefore, in accordance with Local Planning Policy 8.30 Exempt Development, the markets are considered to be a temporary use and not an exclusive use, and deemed exempt from requiring development approval.

 

Liquor Licensing

 

With respect to the pop up bar element of the proposal, the applicant must ensure that all liquor licensing requirements set out by the Department of Racing, Gaming and Liquor are complied with, and appropriate licences are obtained prior to operation.

 

Non-Competition

 

Council’s Trading in Public Places Policy 4.2.15 restricts a trading activity being undertaken within 300 metres of a permanent business that it would be directly competing with. However, it should be noted the Local Law does not restrict markets trading within a certain distance of a competing business.

During the public comment period, Zanders lodged an objection to the proposed markets, with the objection largely focused on the loss Zanders will incur if the markets are approved. Similarly, while the Cable Beach Club does not object to the proposed market, concerns were raised as to the potential impact markets could have upon sales. It should be noted the markets are proposed to operate one day per week for four months during the dry season, and will allow a different offering to existing restaurants in the area by providing international cuisine food experiences. The offerings at the markets will be food ready for consumption, as opposed to existing surrounding restaurants which offers a restaurant dining experience and a differing food product. Whilst concerns from adjacent food premises are noted, place activation resulting from the markets could in turn benefit these businesses, as it would attract customers seeking a sit-down meal experience.

 

Furthermore, the previous lease for Zanders Restaurant, which commenced on 1 August 2000 included a covenant that no other tearoom or kiosk or restaurant; or any person, body or group other than the Lessee or assignee or successor to the Lessee, is to commence operations of a tearoom kiosk or restaurant on the Cable Beach Reserve. However, this covenant was removed in the most current lease dated 1 September 2012 for a term of 21 years.

 

Conclusion

 

In conclusion, the proposal is supported by the Cable Beach Development Strategy and the draft EASDP, and complies with the Local Law. It is considered that the Cable Beach amphitheatre is an appropriate location for the operation of the markets and if successful will increase the use of the precinct and offer an additional visitor experience to Broome.  

 

It is also recommended that the market licence be issued for a 4 month trial only. This gives the Shire the ability to review whether the proposed location is appropriate and whether the markets achieve positive outcomes for the Cable Beach precinct.

 

It is further recommended that after the four month trial, should further approvals be granted, that adjacent businesses be offered an opportunity to provide further comment. This will provide an opportunity for these businesses to demonstrate any impact the operation of the markets have upon their activities.

 

CONSULTATION

 

Whilst consultation is not required under the Trading, Outdoor Dining and Street Entertainment Local Law, Zanders, the Cable Beach Club and the Beach Hut were given 14 days to provide comments on the proposed markets.

 

Attachment 2 outlines the submissions received within the consultation period.

 

STATUTORY ENVIRONMENT

 

Trading, Outdoor Dining and Street Entertainment Local Law 2016

 

POLICY IMPLICATIONS

 

Local Planning Policy 8.30 – Minor Development

 

FINANCIAL IMPLICATIONS

 

Nil

 

RISK

 

The applicant has provided the Shire with a draft risk management plan, which examines public relations and operational risks associated with event operations for the Cable Beach Sunset Markets activities established within the Cable Beach amphitheatre. A final risk management plan is required to be provided to the Shire, to the satisfaction of the Chief Executive Officer, 30 days before the first market event.

 

STRATEGIC IMPLICATIONS 

 

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

 

Accessible and safe community spaces

 

Participation in recreational and leisure activity

 

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

 

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

 

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

 

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

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council: 

1.       Grants a market licence to Georgie Adeane in accordance with the Trading, Outdoor Dining and Street Entertainment Local Law 2016 for a trial period of 4 months from 1 June 2018 until 1 October 2018, between the hours of 4.30pm and 9pm, every Wednesday from mid-June until mid-September, on the Cable Beach amphitheatre, subject to the following conditions:

a)    Compliance with all local laws, State and Federal Acts and Regulations related to the Market activity.

b)    A risk management plan to the satisfaction of the Chief Executive Officer, being submitted to the Shire thirty days prior to the first markets event being held, and adhered to thereafter.

c)    When not travelling on gazetted roads, vehicles must display headlights and hazard warning lights to increase visibility whilst in motion.

d)    Vehicles are to travel the most direct route through the prohibited area and are to give way to, or maintain a safe distance from members of the public at all times.

e)    The permit holder shall comply with all relevant legislation and Shire local laws.

f)     Public liability insurance cover to the value of $10,000,000 ($10 Million) at all times must be held by the applicant and produced to the Shire of Broome prior to operation.

g)    Ablutions and any additional infrastructure or facilities must be provided as directed by the Shire.

h)    The licence can be cancelled at any time at the discretion of the Chief Executive Officer, if circumstances warrant.

i)     Temporary signage must be installed by the applicant, during the market operating hours, advising patrons the facilities at Cable Beach Club Resort (including Sunset Bar) and Zanders are only available to customers of those businesses.

2.       Authorises the Chief Executive Officer to vary the market licence in relation to the location and day of the markets if necessary at any time throughout the 4 month trial.

3.       At the conclusion of the market trial period, if a new market licence application is submitted, adjacent businesses be provided with an opportunity to comment and outline impacts that may have occurred during the market trial period.

 

Attachments

1.

Site plan

2.

Comments received on market proposal

  


Item 9.2.2 - CABLE BEACH SUNSET MARKETS - CABLE BEACH AMPHITHEATRE

 

 

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Item 9.2.2 - CABLE BEACH SUNSET MARKETS - CABLE BEACH AMPHITHEATRE

 

 

 


COMMENTS RECEIVED ON MARKET PROPOSAL

 

#

Name

Date

Comments received

Officer Comment

Recommendation

1.

Zanders

08.08.17

The following comments were received:

1.     I cannot stress enough how disappointing it is that the Shire of Broome are even considering a proposal of this nature.

2.     The owners of Zanders absorb significant losses for 7 months of the year.  They do this in order to provide a service to the local residents of Broome and to provide a place for tourists to enjoy a meal with a drink at Cable Beach in the quiet season. 

3.     It would make more commercial sense to close Zanders for these months, however the venue remains open with the knowledge that these losses will be somewhat mitigated by increased revenue during the tourist season.

4.     The addition of night markets, with 25 food and beverage market stall marquees and vans, including a pop-up bar right on our doorstep will significantly impact our business. 

5.     Zanders will no doubt be subject to members of the public attempting to use our facilities which are already at capacity from restaurant patrons – again at a cost to our business.

6.     To allow pop up markets to sell alcohol and food at a significantly lower price point – which they can, due to the lack of overheads like rent and rates is, quite frankly, insulting to the Owners who have been rent and rate payers to the Shire for many years.

7.     If these markets were to take place we would be at a significant disadvantage and it would no doubt irreparably harm our business and take away the few months of profitability which we wait 7-8 months of the year to see.

8.     If the Shire are keen on having live music and casual food and beverage options on the beach, Zanders are more than happy to provide this service and it would be very much appreciated if we were given the opportunity to discuss this prior to the application being granted.

9.     If this is not an option, Zanders would ask the Shire to consider that this type of offering be placed somewhere (like Gantheume Point) much further away from the tenants on Cable Beach so as not to hurt the business which we have fought so hard to keep afloat for the last few years.

10.  Zanders has paid rent and rates to the Shire for over 10 years now and has remained open to the public all year round. However if Zanders’ business in the peak season is to be cannibalised by food stalls with a mobile bar such as is being proposed, then we will be left with no choice but to seriously consider the legal avenues open to us to protect our business. 

11.  I understand from your email that the application does not need community consultation and we all agree that that Broome needs more attractions to bring in tourists. However these attractions cannot and should not be at the detriment of local businesses like Zanders, a tenant of the Shire of Broome which has operated for the benefit of local Broome residents all year round even when it has not been commercially viable to do so.

12.  It will be of significant detriment to Broome businesses that are fighting hard to stay afloat in these challenging economic times.

13.  In an ideal world Zanders would operate for five months a year and would show a significantly higher annual profit.

14.  I cannot stress enough how disappointing it is that the Shire of Broome are even considering a proposal of this nature.

 

1.     Objection noted.

2.     The Shire supports Zanders remining open all year round and a market trial between June and October is considered unlikely to impact upon operations in the tourism shoulder periods referenced.

3.     The Shire supports Zanders remaining open all year. At this point it is proposed that the market is approved for a trial period only between June and October.

4.     The concerns about the impact that the markets might have upon existing businesses are noted. However it is proposed that this application be approved for a trial period only, allowing for any impacts to be considered at the conclusion. The intention of holding markets is to bring additional people to the Cable Beach precinct. The type of food offerings and experience available at the markets are different to the restaurant experience offered at Zanders. As markets are likely to draw additional people to the precinct it is likely to bring additional potential customers to the adjacent restaurants.

5.     The markets will be required to bring their own toilets. The toilets will be within the footprint of the markets and it is unlikely that patrons would choose to walk a greater distance to access toilets at Zanders.

6.     Markets traditionally offer different type of food products and experience to that expected in a restaurant. While it is noted that food at markets are perceived to be cheaper than a restaurant, it is a different type of offering and as set out above, is not in direct competition to the level of service available at Zanders or adjacent restaurants.  

7.     The markets are a trial for a four month period for one night of the week (a total of 16 markets). As set out above, the food product available in a market is different to that in a restaurant and it is hoped that drawing additional people to the precinct will also increase patronage at the adjacent restaurants.

8.     The Shire is open to conversations with Zanders about potential live music events. The approval of the markets is not seen to prevent this from occurring.

9.     The markets are proposed to be approved for a four month trial period only. At the conclusion of the period, the Shire can review potential impacts on adjacent premises.

10.  The Shire’s intention in giving consideration to allowing markets at Cable Beach is to increase the amount of people accessing the precinct and also providing a greater range of tourist activities, thus leading to extended length of stays. It is hoped that with additional people visiting the area that this will also have a positive impact on adjacent, already established restaurants.

11.  As per comments above.

12.  As per comments above.

13.  As per comments above.

14.  As per comments above.

It is recommended that the markets be approved for a four month trial period.

 

At the conclusion of the trial period and if an extension is sought to the market licence, it is recommended that adjacent operators be invited to comment and relay any impacts that may have been experienced during the trial.

 

Cable Beach Club

18 July 2017

Whilst the Cable Beach Club Resort advised they have no objection to the proposed markets, they have provided a submission registering the following concerns:

1.   Loss of restaurant and bar and food beverage revenue.

2.   Amphitheatre not being available to book for events for an extended period of time.

3.   Concerns regarding guests not understanding the Amphitheatre and our facilities are not linked.

4.   Guests buying beers from Cable Beach Club Resort and going to the markets is a concern.

5.   Use of in house facilities - in particular the Sunset Bar toilets.

6.   We would need security on the market evenings to uphold liquor licence restrictions.

7.     Set up blocking the view from the Sunset Bar for guests.

1.     The food offerings and experience available at a market are different to that in a restaurant. It is envisaged that markets would increase the amount of people visiting the Cable Beach precinct which is likely to have a positive impact on adjacent restaurants, with more potential customers in the area.

2.     There are no existing event bookings over the period the market trial is proposed. 

3.     The markets will have to provide toilet facilities to cater for customers visiting the markets. The toilets will be in the market footprint and it is unlikely that people attending markets will choose to travel further to use toilets.

4.     It is noted that the markets may be an attractor for patrons drinking at the Cable Beach Club, however this is something that the management of at the Club must address.

5.     As per comments in 3 above. 

6.     The liquor licencing is monitored by the Department of Racing Gaming and Liquor, however it has been advised the applicant of the Markets is to provide security for the pop-up bar to satisfy Liquor Licencing requirements.

7.     The markets have been proposed approximately 20m north of the Sunset Bar to not obstruct its view.

It is recommended that the markets be approved for a four month trial period.

 

At the conclusion of the trial period and if an extension is sought to the market licence, it is recommended that adjacent operators be invited to comment and relay any impacts that may have been experienced during the trial.

 


AgendaOrdinary Meeting of Council 28 September 2017                                                                   Page 531 of 532

 

 

9.2.3      PROPOSED BED & BREAKFAST - LOT 481 (29) WIRL BURU GARDENS, CABLE BEACH

LOCATION/ADDRESS:                             Lot 481 (29) Wirl Buru Gardens, Cable Beach

APPLICANT:                                              Colin Lonsdale

FILE:                                                           WIR-1/29

AUTHOR:                                                   Manager Planning & Building Services

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    28 August 2017

 

SUMMARY: An application for Development Approval has been received for a ‘Bed & Breakfast Accommodation’ land use to be undertaken at 29 Wirl Buru Gardens, Cable Beach. In accordance with Council’s Local Planning Policy 8.23 Public Consultation – Planning Matters, the proposal was advertised to landowners within proximity to the site. A number of written objections were received, and as such the application is being referred to Council for determination. 

Based on a review of the submissions received and the merits of the proposal, it is recommended that the application is refused.

 

BACKGROUND

 

Previous Considerations

 

Nil

 

Site Context

 

The subject property is located on the corner of Wirl Buru Gardens and Bubur Crossing, and is zoned ‘Residential – R17.5’ in Local Planning Scheme No 6 (LPS6). Existing development on the property consists of a two-storey dwelling comprising of a main residence on the ground floor (four bedrooms and two bathrooms), and an ancillary dwelling (two bedrooms and one bathroom) on the upper floor. Adjoining land use and development consists of single dwellings to the north, east and south. Reserve land comprising native vegetation is opposite the subject site to the west.

 

The Proposal

 

The applicant proposes to undertake a ‘Bed & Breakfast Accommodation’ (B&B) land use activity from the existing dwelling, involving the use of two ground-floor bedrooms for the B&B use. The upper-floor of the dwelling, which is the ancillary dwelling, will be occupied separately. Two car parking bays are available on-site for use by the resident(s) of the dwelling, with an additional one parking bay available on-site for the ancillary dwelling and two parking bays available for the B&B activity.

 

Compliance

 

The subject application is the result of an ongoing compliance matter at the subject site. On 6 October 2014, a Direction Notice was issued by the Shire for the unapproved use of ‘Residential Building’. At this time, the site was being occupied by more than six unrelated people which is a Residential Building land use as opposed to a Single Dwelling. Following the issue of the Direction Notice, in December 2014 a site inspection was undertaken by Officers, which revealed the dwelling was no longer used as a ‘Residential Building’. As a result, it was deemed that the Direction Notice had been complied with.

 

In April 2016, an application was lodged for a B&B at the subject site. However, the application form was not signed by all owners of the property and despite three requests from Officers, this information was never provided to the Shire. Subsequently, on 12 July 2016 the application was cancelled.

 

More recently, Officers became aware that the property was again being made available for short-stay accommodation with website advertising material indicating that up to five bedrooms were available for short-stay rental. As a result, an investigation was undertaken and a letter sent to the owner on 20 July 2017 requesting that the use of the property for short-stay accommodation cease.  The owner was advised that if they wished to continue using the property for short-stay accommodation, an application must be lodged for the B&B. An application for a B&B was subsequently lodged on 20 July 2017, with this application being the subject of this report.

 

COMMENT

 

A B&B is a ‘D’ or ‘Discretionary’ land-use within the ‘Residential’ zone, which means that the use is not permitted unless the local government has exercised its discretion by issuing Development Approval. LPS6 defines a ‘B&B’ and Council has adopted LPP 8.27 - Bed and Breakfast Accommodation (LPP 8.27) to provide guidelines for the establishment of B&Bs within the Shire (see below).

 

The application submitted anticipates development that is consistent with the definition of a B&B land use as contained in Schedule 1 of LPS6. Under LPS6, B&B means: “A dwelling, used by a resident of the dwelling, to provide accommodation for persons away from their normal place of residence on a short term commercial basis and includes the provision of breakfast.” The provisions of LPP 8.27 further set out that only two bedrooms within a dwelling can be used for a B&B activity.

 

The advertising material that was available on the internet indicates that up to five rooms on the property are available for short-stay rental, including the ‘Bali Hut’ at the front of the property which is not approved for human occupation. This type of land use activity would be classed as a ‘Residential Building’ as it involves more than six unrelated persons occupying the residence. As set out in the background section of the report, compliance action has previously been initiated against the landowner for this land use.

 

It should be noted that while a Residential Building is an ‘A’ land use in the Residential zone, if approval was being sought for this activity, LPP 8.24 – Forms of Residential Accommodation other than Single House would apply. However, the proposal would not meet the Policy requirements as additional parking bays required to support the land use must be positioned behind the building and out of view of the street. The objective of this requirement is to prevent the dominance of cars on the street view and to maintain a typical residential streetscape. This requirement cannot be met on the subject site.

 

Submissions received from adjoining landowners also raise concerns with the ongoing use and occupation of the site, outlining that it is being used more intensively than a B&B and it is having amenity impacts which includes additional parking out on the street, increase noise and an influx in movement of people to and from the property, including at unusual hours, which is beyond that which would normally be expected in a residential area.

 

While the application currently submitted for a B&B does meet with the requirements of LPS6 and LPP 8.27, concern is raised that given the site already has approval for a single dwelling and an ancillary dwelling, that the additional use of the property for a B&B would have amenity impacts which is beyond a scale expected in a residential area. 

 

Based on existing approvals issued, the property can be occupied in the following manner:

 

·    Ground floor is approved as a single dwelling, which enables it to be occupied by a family or no more than six unrelated persons on a permanent basis; and

·    First floor is approved as an ancillary dwelling, which enables it to be occupied on a permanent basis to another party. Under the Health Local Laws, given the size of the rooms, up to four people can be accommodated in the ancillary dwelling.

 

If the B&B is approved, it would allow for two of the bedrooms on the ground floor to be occupied by up to four people on a short-stay basis.

 

Ultimately, this could allow for the property to be occupied by up to 14 persons at any one time. This represents a number well above the average occupancy of dwellings in Broome and beyond the level of occupancy expected reasonable in a residential area. It is therefore considered that based on the merits of this application and the existing approvals issued for the site that the proposed land use activity is not appropriate for this property and therefore should be refused.

 

From a car parking perspective, under Schedule 9 of LPS6 two parking bays are required for the single dwelling, one bay is required for the ancillary dwelling and one bay is required per B&B room (a total of five bays). While there is physically room on site to accommodate the parking of these vehicles, one of the bays for the B&B land use is in tandem with another bay which is not practical in this case, especially given that the ancillary dwelling can be occupied independently of the main dwelling.

 

The parking arrangement proposed will essentially result in the accommodation of five vehicles all being parked within the street setback area of the dwelling. This is considered inconsistent with the objectives of LPP 8.27, which is ‘protect the amenity and character of residential streetscapes’. The continual parking of five vehicles is considered to distract from the residential streetscape, and given that some of the bays are in tandem, it is likely to lead to parking on adjacent verges, which is not an acceptable outcome for an ongoing land use activity, particularly in a residential area.

 

Furthermore, information provided by the submitters and the advertising material available on the internet show that the property is not being used in accordance with the approvals issued. Despite previous compliance action by the Shire, the landowner has continued to use the property not in accordance with the approvals issued. Concern is also raised that while the applicant is seeking approval for two rooms to be used for short-stay accommodation, that more rooms will be used for this purpose. In short, the land uses that have occurred on the property over time mean that the property has been used more as a commercial operation rather than as a B&B, which is an incidental use associated with a residential premises. Therefore, it is likely that the proposed use of the property will not be compatible with the site’s residential zoning or the amenity of the locality.

 

Given the above, it is recommended that the application is refused.

 

CONSULTATION

 

The application was advertised to adjoining landowners, for a period of 14 days as required under LPP 8.23. Two submissions were received during the consultation period, in which concerns relating to the potential for detrimental amenity impacts were raised (refer Attachment 2 – Schedule of Submissions).

 

STATUTORY ENVIRONMENT

 

Planning and Development Act (2005)

 

Planning and Development (Local Planning Schemes) Regulations (2015)

 

Local Planning Scheme No. 6

 

POLICY IMPLICATIONS

 

Local Planning Policy 8.27 – Bed and Breakfast Accommodation

 

FINANCIAL IMPLICATIONS

 

Nil

 

RISK

 

There is a risk that the property will continue to be used, otherwise than in accordance with the approvals issued.  Given the previous compliance matters with the subject site, it is considered necessary for Shire officers to monitor the site to ensure that the property is being used in line with approvals issued.

 

STRATEGIC IMPLICATIONS  

 

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

 

Participation in recreational and leisure activity

 

A healthy and safe environment

 

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

 

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

 

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

 

REPORT RECOMMENDATION:

That Council refuses the application for Development Approval 2017/59 for ‘Bed and Breakfast Accommodation’ at Lot 481 (29) Wirl Buru Crescent, Cable Beach, submitted by Colin Lonsdale, for the following reasons:

 

1.       Given the site’s existing approval for use as a single dwelling and ancillary dwelling, a Bed and Breakfast land use would represent an intensification of land use which:

 

a)      is not compatible with the Residential zoning of the property or the site’s setting;

b)      will impact on the amenity of the locality and the character of the locality; and

c)      would result in additional vehicles parked within the setbacks of the property, inconsistent with the character of the residential streetscape. 

 

 

Attachments

1.

Site and Ground Floor Plan

2.

Schedule of Submissions

  


Item 9.2.3 - PROPOSED BED & BREAKFAST - LOT 481 (29) WIRL BURU GARDENS, CABLE BEACH

 

 

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Item 9.2.3 - PROPOSED BED & BREAKFAST - LOT 481 (29) WIRL BURU GARDENS, CABLE BEACH

 

 

 

 

SCHEDULE OF SUBMISSIONS

 

#

Name

Date

Submission

Officer Comment

Recommendation

1.

Gary Davies

04.08.2017

The submission registered the following comment:

1.     We object to the proposal;

2.     The dwelling has been used for short-term accommodation for a number of years;

3.     Recently there was an Airbnb post on social media advertising the residence;

4.     There has been for many years, people coming, staying a night or two then leaving the residence;

5.     There is often vehicular congestion and unsafe parking of cars;

6.     There has been numerous nights of loud music, bright lighting and party noise late into the evening and until the early hours of the morning. Language and unruly behaviour have also been noted with police attending the address at least on one occasion;

7.     When I purchased my block of land, Landcorp had strict conditions for the sale of the land parcels through the ballot system, and I believe that the land parcels were not to be used for commercial applications;

8.     Currently the lower storey east room on Bubur Crossing is being used for short-term accommodation, with guests coming and going from the location regularly;

9.     Guests park in the garden in front of the lower story room;

10.  I am of the belief that the upper floor on the east Bubur Crossing side is also being used for accommodation and this room is not listed as a B&B room on the application;

11.  On the Wirl Buru/Buru crossing corner there is a thatched type room on stilts that has recently been fitted with an air-conditioner and have witnessed lighting and people inside late at night;

12.  Will the owner be residing at the residence?

13.  This type of commercial activity tends to dilute the attentiveness of those who live in the area in regard to activities that are out of character for the suburb. With constant coming and going of short stay travellers to the residence at all hours of the day and night, it becomes difficult to determine what is unusual behaviour for the property owners surrounding the residence;

14.  Does the massage practice have approval to be running from the subject dwelling?

15.  There are enough B&Bs in Broome already.

1.     Objection is noted.

2.     This has been investigated by the Shire and this application is the result of the operation of an unauthorised land use.

3.     Noted.

4.     Noted.

5.     Concerns over the availability of parking on site is noted. Shire officers similarly have concerns over the adequacy of parking given the existing approved land uses on site and the inadequacy of tandem parking arrangements given that the ancillary dwelling can be occupied independently of the main dwelling.

6.     Noted.

7.     While this application is seeking approval as a B&B, it is noted that the property in the past has not been used in accordance with approvals issued, with up to five rooms being made available for short-stay use. The type of activity being undertaken from the site is more commercial in nature rather than being incidental to a residential use. 

8.     Noted.

9.     Noted.

10.  The upper floor is approved as an ancillary dwelling and can therefore operate separate to the main residence and the B&B activity.

11.  The ‘thatched type room’ is an additional non-habitable room approved by the Shire. The landowner has been advised by Shire officers on several occasions that this room is not approved for human habitation.

12.  If the application were to be approved, a condition of the B&B will be for a permanent resident to reside at the property.

13.  Concerns over the amenity and character impacts are noted and it is one these grounds that the proposal is recommended for refusal.

14.  No approvals exist from the Shire for a massage business.

15.  The number of B&Bs permitted in Broome is not limited under the provisions of LPS 6 and LPP 8.27.

That the submission be noted.

 

It is recommended that application be refused for the following reasons:

 

1. Given the site’s existing approval for use as a single dwelling and ancillary dwelling, a B&B land use would represent an intensification of land uses which:

a)   is not compatible with the Residential zoning of the property or the site’s setting;

b)   will impact on the amenity of the locality and the character of the locality; and

c)   would result in additional vehicles parked within the setbacks of the property, inconsistent with the character of residential streetscapes. 

 

 

 

 

2.

Gareth Jenkins

09.08.2017

The submission registered the following comment:

1.     We strongly oppose the application;

2.     The plans do not represent what is currently constructed on site;

3.     There is currently a ‘cabana’ constructed on the north west corner of the lot that is being rented out as an air-conditioned guest room;

4.     The building setbacks nominated do not represent the current construction and a staircase and landing is constructed on the southern side of the existing structure;

5.     We view the ‘cabana’ as a detached dwelling, which is not permitted under local planning policy and the construction of the cabana is unlikely to be compliant with the National Construction Code (NCC) for example for Section J (Energy Efficiency), which is required for an air-conditioned space.

6.     The external staircase built on the southern boundary of the property directly overlooks our entertaining and pool area and permits no privacy for us either inside or outside our property. We have undertaken extensive landscaping in an attempt to screen it out. We question if this was an approved construction and if any screening was required or nominated on the approved plans;

7.     An unapproved hostel/backpacker style accommodation has been operating at the subject site for a number of years;

8.     Some areas of the property have been advertised for lease using commercial real estate agents in addition to the owner advertising via social media.

9.     We have seen the ‘cabana’, upstairs apartment and individual downstairs bedrooms advertised on separate occasions.

10.  This illegal use of the property has detracted from the amenity of the area due to, at times, excessive number of cars parked along the street verge, and illegal camping along the road and excessive waste stockpiled out the front of the property;

11.  Occupants frequently dump plant waste either over our fence, on the verge in front of our property or over the road in the Shire’s Drainage and Recreation reserve;

12.  The level of maintenance to the landscaping is poor with a number of plant species identified in the Shire of Broome publication as “Weeds of Broome”;

13.  In our view, the floor plan has sufficient features to be classified as a ‘Residential Building’, including a kitchen provided on the ground and first floor; independent access to portion of the building, namely, access independently to the second storey via the external staircase; the ratio of bathrooms and toilets to the number of bedrooms; the provision of separate outdoor living areas; and the amount of car parking provided. This is inconsistent with the approval as a dwelling and reclassification is appropriate in the consideration of the approval as a B&B accommodation;

14.  We question whether the landowner will remain as a permanent resident and continue to reside at the dwelling; and

15.  We request the Shire of Broome undertake a compliance review of the current construction of the property in comparison with the approved Planning and Building Approval documents to investigate the possible illegal construction.

1.     Objection is noted.

2.     The plans have since been updated; and a site inspection undertaken by Shire Officers on 31 August 2017, reveals the most recent plans correctly reflect what is currently constructed on site.

3.     The ‘cabana’ has been approved as a non-habitable addition. The owner has been advised on several occasions that this addition cannot be used for habitable purposes.

4.     A site inspection undertaken by Shire Officers on 31 August 2017, revealed the setbacks and buildings indicated on the plan to be correct.

5.     The ‘cabana’ was approved as a Class 10a non–habitable structure. Part J does not apply to this class of building as it is non-habitable.

6.     As per the Residential Design Codes of WA, the staircase does not require privacy screening as it is not considered to be a habitable space.

7.     This has been investigated by the Shire and this application is the result of an unauthorised land use. It is noted that the owner has been advertising that up to five rooms are available for short-stay use.

8.     Noted.

9.     Noted.

10.  Concerns over the availability of parking on site is noted. Shire officer’s similarly have concerns over the adequacy of parking given the existing approved land uses on site and the inadequacy of tandem parking arrangements given that the ancillary dwelling can be occupied independently of the main dwelling. The activity would result in up to five vehicles regularly being parked in the front setback area, which is  not deemed consistent with a residential streetscape.

11.  Illegal dumping is not a consideration under Clause 67 of the LPS6 and is a matter to be investigated separately.

12.  Noted.

13.  The property consists of a main residence on the ground floor and an approved ancillary dwelling on the upper floor. It is noted that the property in the past has been used as a Residential Building.

14.  As per LPP 8.27, if the application were approved a condition of the B&B will be for a permanent resident to reside at the property.

15.  A site inspection was undertaken by Manager of Planning & Building Services, Building Surveyor and Planning Officer on 31 August 2017, which revealed the property is compliant with existing approvals granted by the Shire.

That the submission be noted.

 

It is recommended that application be refused for the following reasons:

 

1. Given the site’s existing approval for use as a single dwelling and ancillary dwelling, a Bed and Breakfast land use would represent an intensification of land uses which:

a)   is not compatible with the Residential zoning of the property or the site’s setting;

b)   will impact on the amenity of the locality and the character of the locality; and

c)   would result in additional vehicles parked within the setbacks of the property, inconsistent with the character of residential streetscapes. 

 

 

 

 

 


AgendaOrdinary Meeting of Council 28 September 2017                                                                   Page 541 of 542

 

 

9.2.4      PROPOSED AMENDMENT NO. 8 TO LOCAL PLANNING SCHEME NO.6 - INCLUSION OF ADDITIONAL USE AT LOT 2 BROOME ROAD, SKUTHORPE

LOCATION/ADDRESS:                             Lot 2 Broome Road, Skuthorpe

APPLICANT:                                              Edge Planning & Property on behalf of Grahame Wilcox

FILE:                                                           BRO-1/LT2

AUTHOR:                                                   Senior Planning Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    29 August 2017

 

SUMMARY:         An application has been received to amend Local Planning Scheme No.6 (LPS6) to change the land-use definition of ‘Transport Depot’ and to add transport depot as an additional use over a portion of Lot 2 Broome Road, Skuthorpe. The proposed additional use is to facilitate the establishment of a truck storage facility on a portion of the lot for storage and refuelling of ‘Direct Haul’ liquid natural gas tankers.

The amendment proposal is not consistent with the land use objectives of the Shire’s Local Planning Strategy or LPS6 for the ‘Rural Small Holdings’ zone.

This report recommends that Council resolve not to initiate the scheme amendment.

 

BACKGROUND

 

Previous Considerations

 

OMC 24 July 2008                              Item 9.3.11

OMC 19 February 2009                     Item 9.3.9

 

Site and Surrounds

 

Lot 2 Broome Road (sized 42.05ha) is located approximately 29 kilometres east of the Broome townsite and 4 kilometres west of the Great Northern Highway (refer Attachment 1). Formerly part of reserve land designated for ‘Public Purpose – Water Supply’, in 2005, Amendment No. 21 to Town Planning Scheme No. 4 (TPS4) saw the lot zoned ‘Rural Agriculture’. With the gazettal of Local Planning Scheme No. (LPS6) in 2015, the zoning changed to ‘Rural Small Holdings’.

 

The subject lot (see site plan in Attachment 2) is bound by land comprising a turf farm to the west, uncleared crown land vested with Department of Lands to the east and crown land vested for the purpose of ‘Environment and Aboriginal Cultural and Heritage Corridor’ adjoins the lot to the north. ‘General Agriculture’ land is located adjacent to the lot across Broome Road to the south which is the Roebuck Plains Station.

 

Approximately 21 hectares (50%) of the property is utilised for a rural activity, (i.e. grazing of cattle) and approximately 15 hectares (35%) at the rear of the lot remains as native vegetation. A 6.5 hectare (15%) portion of the lot along the eastern boundary has been cleared for use by Main Roads WA as a temporary laydown and storage facility, however land use approval has not previously been obtained from the Shire for this activity.

 

Previous Approvals issued for the site

 

Development Approval for ‘Temporary Workers Accommodation’ was granted by Council for the site in July 2008. The approval was issued for a period of 10 years, (subject to a 5 year review), however the workers accommodation facility was never constructed and the approval has since lapsed.

 

In considering the 2008 application for workers accommodation, Council resolved to approve the development for the reason that the facility would temporarily address what was then considered to be a critical shortage of available accommodation for workers employed in the hospitality industry in Broome. Support for the application was also based on the development having a limited impact on the rural amenity of the location, not changing the predominant horticultural use of the property, and for the reason that such a facility could not at the time be alternatively provided on more appropriately zoned land in the Broome townsite.

 

A consideration in the determination of the 2008 application of relevance to the assessment of the currently proposed additional use was that Council had in 2007 approved a temporary workers accommodation facility at Lot 1653 Broome Road. The facility was intended to provide housing for workers employed in the construction of the Broome Boulevard shopping centre; a key development project with implications for the local economy. Though inconsistent with the land use objectives of what was then the ‘Rural Living’ zone under the former TPS4, the application was supported for the reason that affordable accommodation for workers could not alternatively be provided in a more appropriately zoned location at the time.

 

An application for ‘Dog Kennels’ at the site was refused by Council in February 2009 and an application for a ‘Small Helicopter Service Facility & Horticulture’ was refused under delegated authority in June 2012.

 

In June 2014 two separate land use applications were determined by the Shire. While an application for ‘Transport Depot & Additional Accommodation’ was refused, development approval was granted for ‘Rural Industry and Workers Accommodation’.

 

The Proposal

 

The amendment application has been submitted to facilitate the landowner’s intention to establish a truck storage facility on approximately 3.3 hectares (7.8%) of the site. The truck storage facility would cater for the operational needs of Direct Haul, which transports LNG via road trains between Karratha, Broome and the Kimberley region. The application estimates that there will be eight truck movements (four-in and four-out), and eight employee daily trips entering and exiting the site. Activities to be undertaken on-site would consist of servicing and refuelling vehicles, and coupling and de-coupling tankers.

 

As a transport depot is currently an ‘X’ use in the Rural Small Holdings zone, the activity is not permitted in accordance with LPS6.  Therefore, the scheme amendment application as detailed in Attachment 3, seeks to add the additional use of ‘transport depot’ to a portion of Lot 2 Broome Road. The additional use is not sought over the entire lot, it is only proposed over the intended development footprint.

 

The amendment also seeks to alter LPS6 by deleting the existing definition of ‘transport depot’, which is defined under Schedule 1 as:

 

‘Means any land or buildings used for the garaging or parking of motor vehicles used or intended to be used for carrying of goods or persons, or for the transfer of goods or persons from one motor vehicle to another of such motor vehicle and includes maintenance, management and repair of the vehicles used, but not of other vehicles.’

 

It is proposed that the definition be replaced with the following definition of transport depot as contained in the Planning and Development (Local Planning Schemes) Regulations 2015 (Regulations):

 

‘Means premises used primarily for the parking or garaging of 3 or more commercial vehicles including –

 

(a) Any ancillary maintenance or refuelling of those vehicles; and

(b) Any ancillary storage of goods brought to the premises by those vehicles; and

(c) The transfer of goods or persons from one vehicle to another.’

 

The proponent has explained that the revised definition of transport depot will ensure consistency with the current land-use definitions in the Regulations. A discussion of the implications of this change on the Shire’s planning framework follows.

 

COMMENT

 

In determining a request to amend LPS6, the following matters must be considered:

 

Consistency with Local Planning Strategy and Local Planning Scheme No.6

 

Lot 2 Broome Road is located within the Skuthorpe Rural Small Holdings zone, an area designated for horticultural and agricultural land use activity under the Local Planning Strategy (Strategy). Further to the direction of the Strategy, LPS6 sets out the purpose of land use and development within the Rural Small Holdings zone as follows:

 

‘The purpose of the Rural Small Holdings zone is to provide for the sustainable use of land for animal husbandry, crops, horticulture and to protect the long-term productive capacity of agricultural land from incompatible land-uses (including subdivision).’

 

In line with the above, the objectives of the Rural Small Holdings zone under 3.11.2 of LPS6 are to:

 

a)         Ensure that land is maintained for productive agriculture/horticulture activities    with associated rural industry activities;

b)         Allow activities which may be associated with a rural small holdings activity;        and

c)         Limit the intensity of subdivision and development to protect the groundwater   supply.

 

Taking into account the above objectives for the zone; the use of the property by road-trains for parking, refuelling and storage of tanker trailers does not represent a rural land use activity or industry associated with rural industry. It can reasonably be anticipated that the activity will generate adverse impacts upon the rural amenity and character of the locality through generation of vehicle noise, traffic and dust. Essentially, the transport depot use would be more suitably located in either the light and service industry zone or industry zone. The initiation of an amendment to allow for such an additional use would not be in keeping with the objectives for the zone under LPS6, which as set out above, call for the need to ‘ensure that land is maintained for productive agriculture/horticulture activities with associated rural industry activities.’ Essentially, the proposed transport depot land use is not a land use activity that complements the strategic direction or objectives for the Rural Small Holdings zone under the Shire’s planning framework.

 

While it is recognised that development approval was previously granted to the property in 2008 for a land use that was inconsistent with the Shire’s planning framework, it should be noted that this approval was granted on a temporary basis and for the reason that there was a strategic need for the development at the time with no suitable alternative location being available.

 

In contrast, the current application to amend LSP6 would ascribe a permanent, ongoing, land use permissibility to the lot for a land use that is not consistent with the objectives of the Shire’s planning framework.  There is not a current strategic need for a transport depot in the subject location to warrant the granting of an additional use, and significantly, there is currently an abundance of appropriately zoned land available within the Shire to cater for such a facility. 

 

Furthermore, in considering implications for future development on-site in the event that the Scheme was amended, future development applications would have to be considered against Clause 67 of the Deemed Provisions, Matters to be Considered. The suitability of a future development application with reference to Clause 67 shows that a transport depot use would be:

 

a)      Contrary to the aims and provisions of the Scheme - for the reason that a   transport depot is not a form of agricultural/horticultural activity;

b)      Inconsistent with the requirements of orderly and proper planning - as the   provisions of LPS6 and the Strategy require land use and development     within the Rural Small Holdings zone to be for agricultural or horticultural      purposes;

m)     Incompatible with its setting including the relationship of the development to     development on adjoining land or on other land in the locality including, but      not limited to, the likely effect of the height, bulk, scale, orientation and       appearance of the development – on the basis that the depot additional use     will facilitate additional shed floor-space and built-form development that will not be related or incidental to agriculture, horticulture or rural industry. The depot use would allow for development of refuelling facilities on a scale that is       inconsistent with the scale of such facilities that currently exist on rural small   holdings zoned properties; and

(n)     Incompatible with the amenity of the locality including the following:

                   (i)      environmental impacts of the development;

(ii)      the character of the development - for the reason that a transport depot will likely cause adverse impacts on amenity through generation of noise, dust and traffic. Additionally, and with consideration for potential amenity and environmental impacts, it is noted that a transport depot facility would need to satisfy separation distances applicable under relevant legislation.

 

The Environmental Protection Authority’s ‘Guidance Statement No.3, Assessment of Environmental Factors – Separation Distances between Industrial and Sensitive Land Uses’ (2005) sets out minimum buffer distances (of 200m) to be achieved between a transport depot within proximity to sensitive land uses such as a dwelling, with consideration for potential gaseous, dust and noise emissions. While there may not be sensitive land uses within proximity of the site currently, this is expected to change given the objectives and permissibility’s for the zoning of adjoining land. Industrial in nature, a transport depot involving fuel storage facilities would therefore be more appropriately located in an industrial area, where separation distances between sensitive land uses can be controlled and potential offsite impacts are not a consideration.

 

Further to the above, the State Rural Planning Guidelines (2016) (Guidelines), provide guidance for assessment of scheme amendment proposals relating to rural land including Rural Small Holding zoned land. Under the Guidelines, consideration should be given to the type and scale of land use to be permitted, with Part 4.5 setting out that ‘there should be genuine demand for potential land uses’ before land is allocated through a scheme amendment. The Guidelines state that assessment of amendment proposals should be guided by existing land supply to prevent development and land use that is ad-hoc. As discussed above, there is currently an abundance of industrial zoned land within the Shire (and within proximity to the subject site at the Broome Road Industrial Estate) available for development of a transport depot. Current land use demand does not support the need for a transport depot on the site and to allow for such an additional use would be both ad-hoc and contrary to the strategic land use direction of the Shire’s planning framework.

 

Overall, given that there is adequate industrial land to cater for the proposed development in a more suitable and appropriately zoned location, and as the proposed land use is inconsistent with the objectives of the Rural Small Holdings zone; the proposed amendment is deemed inconsistent with the principles of orderly and proper planning and therefore it is recommended that the amendment is not initiated.

 

Proposed Revised Land-Use Definition and Additional Use

 

The proponent has requested that an amended land use definition of ‘transport depot’ should be included in LPS6, explaining that revising the definition will ensure consistency with the Regulations. While the current definition allows for garaging, parking, maintenance and repair of vehicles, (and transfer of goods or persons between such vehicles); the definition of transport depot under the Regulations makes distinct provision for ‘storage’ of goods. Such a use is something that is currently accounted for in LPS6 under the separate use class of ‘storage facility / depot / laydown area’.  A ‘storage facility / depot / laydown area’ is not a permitted use in the rural small holdings zone and is a permitted use within the ‘Industry’ and ‘Light & Service Industry’ zones.

 

Essentially, the revised land use definition as proposed seeks to make provision for a land use activity that is both contrary to the objectives for the Rural Small Holdings zone and encouraged under LPS6 as a permitted use within Industry zoned land. On this basis, the proposed revised land use definition of transport depot is not supported.

 

Classification of the Scheme Amendment under the Planning and Development Regulations

 

The Regulations require the Shire to classify Scheme Amendments as one of three ‘tracks’ – ‘basic’, ‘standard’, or ‘complex’. The assessment process and timeframe varies according to what classification is selected. A ‘basic’ amendment is generally intended to correct an administrative error in the scheme or to amend the scheme in a way that is consistent with another piece of legislation, which is not applicable to this proposal. In determining whether the amendment is ‘standard’ or ‘complex,’ the Regulations require Council to consider the following criteria:

 

·        Whether the amendment is consistent with the Strategy;

·        Whether the amendment is consistent with the objectives identified in LPS6 for the relevant zone or reserve;

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

 

Each of these criteria is addressed below.

 

·    The amendment is not consistent with the objectives for the Rural Small Holdings zone in the Strategy, under which land should be used for agricultural or horticultural purposes;

·    The amendment is not consistent with the objectives applicable to the zone under LPS6 which requires land use and development to be for agricultural or horticultural purposes and incidental rural industry;

·    The amendment as proposed can reasonably be anticipated to have an impact on the locality and land within proximity with consideration for adverse amenity and character impacts.

·    In relation to potential environmental impacts, the applicant has not detailed how fuel storage associated with the depot use would be implemented to mitigate risk of fuel spill. Though the application has stated that fuel tanker movements will be managed to ensure that noise, dust and traffic impacts are minimal, the application (see Attachment 3) has not included a noise, traffic or environmental impact assessment report demonstrating how such impacts will be contained to the site.

 

Following from the above points, should Council resolve to initiate the amendment it will need to be advertised as a complex amendment.  This would require the application to be advertised in a local newspaper for a minimum of 42 days inviting public comment on the basis that the proposal is not consistent with the Shire’s planning framework and is anticipated to impact adversely on the amenity and character of the locality and adjoining properties.

 

Conclusion - Suitability of Proposal

 

Pursuant to Section 75 of the Planning and Development Act 2005, the Regulations provide Council with the discretion to initiate or to not proceed with a scheme amendment giving consideration to orderly and proper planning. The amendment application is seen to be inconsistent with the strategic direction and land use objectives for the Rural Small Holdings zone under the Shire’s planning framework. Accordingly, it is recommended that Council resolve not to proceed with the amendment.

 

CONSULTATION

 

Should an application to amend a local planning scheme be supported by a local government and the amendment is initiated for the purposes of public consultation, the Regulations set out the requirements by which consultation is to be undertaken. However, as the current application is recommended for refusal, consultation is not required. 

 

STATUTORY ENVIRONMENT

 

Planning & Development Act 2005

 

Planning and Development (Local Planning Schemes) Regulations 2015

 

Local Planning Strategy (2014)

 

Local Planning Scheme No.6 (2015)

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

Nil

 

RISK

 

The Planning and Development Act 2005 allows for an applicant to request the Western Australian Planning Commission review the refusal of an application to amend a local planning scheme. However, the recommendation in this report has been made with reference to relevant planning considerations and the matters to be considered under the Regulations.  Accordingly, the risk of such a review or appeal being successful is considered low.

 

STRATEGIC IMPLICATIONS  

 

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

 

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

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council resolves not to proceed with the amendment submitted for Lot 2 Broome Road for an additional use as a transport depot, for the following reasons:

1.       The amendment is inconsistent with the Local Planning Strategy;

2.       The proposed additional use is inconsistent with the purpose and objectives for the Rural Small Holdings zone; and

3.       The Shire’s planning framework already provides for and has zoned land for the proposed additional use.

 

Attachments

1.

Location Plan

2.

Site Plan

3.

Scheme Amendment Report

  


Item 9.2.4 - PROPOSED AMENDMENT NO. 8 TO LOCAL PLANNING SCHEME NO.6 - INCLUSION OF ADDITIONAL USE AT LOT 2 BROOME ROAD, SKUTHORPE

 

 

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Item 9.2.4 - PROPOSED AMENDMENT NO. 8 TO LOCAL PLANNING SCHEME NO.6 - INCLUSION OF ADDITIONAL USE AT LOT 2 BROOME ROAD, SKUTHORPE

 

 

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Item 9.2.4 - PROPOSED AMENDMENT NO. 8 TO LOCAL PLANNING SCHEME NO.6 - INCLUSION OF ADDITIONAL USE AT LOT 2 BROOME ROAD, SKUTHORPE

 

 

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AgendaOrdinary Meeting of Council 28 September 2017                                                                   Page 597 of 598

 

 

9.2.5      SUBMISSION FOR REASSESSMENT OF PLACE 30274 (LSC11) BROOME

LOCATION/ADDRESS:                             Broome

APPLICANT:                                              Nil

FILE:                                                           ACT02, PLA97

AUTHOR:                                                   Land Tenure Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    7 September 2017

 

SUMMARY:         Following a decision in the Supreme Court in 2015, the Aboriginal Cultural Material Committee (ACMC) was required to undertake a review of 35 sites previously recognised as not meeting the requirements of section 5 of the Aboriginal Heritage Act 1972 (AH Act)

On 2 November 2016, the Shire received notification from the Department of Aboriginal Affairs (DAA) that the ACMC would be reviewing Place 30274 (LSC11) and two other Places on the Dampier Peninsula, to include on the Register of Places and Objects (Register) under the AH Act.  On 30 November 2016, the Shire lodged a submission with the Department of Aboriginal Affairs for the ACMC’s consideration.

The DAA subsequently delayed the reassessment to allow more time to work with the Aboriginal community and other key stakeholders, including Yawuru and Goolarabooloo people.  The Shire has now received advice that the ACMC will undertake its reassessment of LSC11 at its meeting on 14 November 2017, and that submissions can be made in relation to this matter by 2 October 2017.

This report recommends that Council supports the Shire lodging a submission for the ACMC’s consideration in its reassessment of LSC11 on 14 November 2017.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 24 November 2016             Item 12.1 (Confidential)

 

Following a decision in the Supreme Court in 2015, the Aboriginal Cultural Material Committee (ACMC) was required to undertake a review of 35 sites previously recognised as not meeting the requirements of section 5 of the Aboriginal Heritage Act 1972 (AH Act)

 

On 2 November 2016, the Shire received notification from the Department of Aboriginal Affairs (DAA) that the ACMC would be reviewing Place 30274 (LSC11) and two other Places on the Dampier Peninsula, to include on the Register of Places and Objects (Register) under the AH Act.

 

LSC11 covers an area of approximately 1,000km2 within the Shire of Broome, and includes the entire townsite of Broome, extending approximately 72km to the north of Broome to incorporate Coconut Wells, James Prices Point and concludes just north of Coulomb Point.

The Shire sought legal and anthropological advice to draft a submission of the Shire’s behalf as inclusion of LSC11 on the Register would have significant and serious implications for Broome. 

 

At the 24 November 2016 Ordinary Meeting of Council, Council resolved the following:

 

1.       Request the Chief Executive Officer to make a submission to the Aboriginal Cultural Material Committee (ACMC) on the reassessment of Aboriginal Place DAA 30274 (LSC11) addressing the following key points:

(a)     In the Shire’s view, DAA 30274 (LSC11) does not meet the necessary criteria under the Aboriginal Heritage Act 1972 (WA) (AH Act) and is therefore not an Aboriginal site that requires protection under the AH Act.

(b)     The Shire urges the ACMC to:

(i)      properly consider all the information provided to it by the Department of Aboriginal Affairs (DAA) (not simply the Place Summary prepared by the DAA); and

(ii)     determine that DAA 30274 (LSC11) is not an Aboriginal Site.

(c)     In the Shire’s view, DAA 30274 (LSC11) is incapable of being a sacred site of importance and special significance, for the following reasons:

(i)      The large areas of land in between the already identified 52 registered sites within the Ullallong song cycle (DAA 30274 (LSC11)) cannot, by operation of section 5(b) of the AH Act and under Aboriginal custom and tradition, be of equal importance and special significance to Aboriginal people.

(ii)     The proposed registration of this site over the town of Broome is incompatible with both traditional and contemporary Aboriginal beliefs and cultural practises concerning sacred sites.

(ii)     There is no clear or logical explanation provided as to why the proposed boundary of DAA 30274 (LSC11) has been selected ahead of several other potential boundaries identified in reports.

(d)     The DAA does not appear to have presented any new information since this place was last assessed by the ACMC on 21 November 2012 to justify a change in status of DAA 30274 (LSC11).

(e)     The Shire believes that procedural fairness has not been afforded to all interested parties for the following reasons:

(i)      the Public Notice did not refer to DAA 30274 (LSC11) by reference to its geographical location in the Shire of Broome;

(ii)     not all affected parties have been given an opportunity to be heard to ensure that the ACMC has before it all relevant information to enable it to make a properly informed decision;

(iii)     the insufficient time given to the Shire and affected parties to consider material provided by the DAA and to make a submission; and

(iv)    the DAA’s decision to notify only a select number of affected parties in Broome, rather than all interested parties, including landowners,

and that the consideration of DAA 30274 (LSC11) by the ACMC at the 14 December 2016 meeting should be deferred.

(f)      The Shire has expressed concerns that the ACMC proposes to undertake an assessment of DAA 30274 (LSC11) in absence of an anthropological expert despite the large volume of anthropological material provided to the ACMC for review as part of the reassessment process.

(g)     The Shire has queried whether the DAA has provided the Shire with all of the source material held by the DAA on file regarding DAA 30274 (LSC11), including all restricted information.

(h)     Until such time as the DAA confirms that it has provided the Shire with all relevant information, including all of the source material held by the DAA on file regarding DAA 30274 (LSC11), it follows that the Shire’s submission is preliminary only. Once such confirmation has been received from the DAA, or all outstanding information provided, the Shire will reconsider its position and determine whether a further submission is required. This includes consideration of whether the ACMC lacks power to reassess DAA 30274 (LSC11) in the absence of any new information since the ACMC last assessed this site in November 2012.

2.       Endorses the draft submission in Attachment No 3.

3.       Authorises the Chief Executive Officer to make minor amendments to the draft submission in Attachment No 3 if required, including in response to additional information received prior to 30 November 2016.

 

On 30 November 2016, the Shire’s submission was lodged with the DAA (a copy of the final submission is provided in Attachment 1).

 

The DAA ultimately delayed the reassessment to allow more time to work with the Aboriginal community and other key stakeholders, including Yawuru and Goolarabooloo people.  In 2017 the then DAA (now Department of Planning, Lands and Heritage (DPLH)) commissioned Anthropologist, Dr Brendan Corrigan to review the heritage surveys and information held by the DAA on the Place LSC11, and to meet with traditional owners to discuss LSC11 and its importance and significance to Aboriginal people.

 

Based on consultation with Yawuru, Bardi and Jawi, Goolarabooloo and Jabirr Jabirr people, Dr Corrigan formed the conclusion that the site registration should not proceed.

 

COMMENT

 

While the DAA officers originally were recommending to the ACMC that the place become a registered site, since the close of the public comment period mentioned above, further consultation has occurred with traditional owners and an anthologist has been engaged. An updated Place Summary has been prepared which is provided in Attachment 2. The Place Summary concludes that following the consultation and a review of the anthropological report, it is recommended that the site does not become a registered Aboriginal site under the AH Act. An overview of the Place Summary is set out below.

 

Place Summary for ID 30274 (LSC11)

 

In 2017, as part of the reassessment process, the then DAA commissioned Anthropologist, Dr Brendan Corrigan to review the heritage surveys and information held by the DAA on the Place LSC11 and to meet with traditional owners to discuss LSC11 and its importance and significance to Aboriginal people.

 

The Place Summary report for LSC11 was prepared applying the principals set out in the Supreme Court decision (Robinson v Fielding [2015] WASC 108).  The section 5 guidelines endorsed by the ACMC are no longer considered relevant to the ACMC’s assessment of Aboriginal sites under the AH Act.

 

Dr Corrigan identifies native title interests in the area of the Place by reference to the Yawuru determination (WAD6006/1998) (Rubibi Community v State of Western Australia) and the evidence heard by the Federal Court in relation to the native title claims within the proposed boundaries of the Place, being the combined claims of the Jabirr people No. 3 (WAD357/2013), the Goolarabooloo people (WAD374/2013) and the Bindunbur people (WAD359/2013).

 

Corrigan (April 2017) also refers to the role of neighbouring senior Bardi men (Bardi Jawi determination (WAD49/1998)), who are specifically referred to in previous Aboriginal heritage survey reports, recounting the ceremonial practices and values of the area of LSC11.

 

On this basis, consultation was undertaken by Dr Corrigan between 30 May 2017 and 2 June 2017 with the relevant Aboriginal groups.

 

At a meeting on the 2 June 2017, the Yawuru, Bardi and Jabirr Jabirr Law Bosses provided a statement titled the “Record of the consensus decisions of a meeting of Bardi Yawuru and Jabirr Jabirr Law bosses and Law men”.  This statement confirmed that the groups do not support listing the Place as a sacred site under the AH Act.

 

Yawuru Native Title Holders Aboriginal Corporation RNTBC provided the Registrar of Aboriginal Sites with a submission dated 30 June 2017 in support of the decisions made by the Yawuru, Bardi and Jabirr Jabirr Law Bosses regarding the reassessment of the Place, and as provided in their statement.  The submission refers to the Yawuru native title determination (Rubibi WAD6006/1998) and subsequent obligations of the Yawuru people to care for, maintain and protect the land and waters of their country in accordance with customary law.  The submission states that only the Yawuru have a common law right to protect places of significance within the Yawuru determination area which includes the protection of Aboriginal sites and places of significance.  The submission further attests that the members of the Goolaraboolooo have no enforceable right to speak for Yawuru land or places of significance.

 

Based on consultation with Yawuru, Bardi and Jawi, Goolarabooloo and Jabirr Jabirr people, Corrigan formed the conclusion on the basis that the overwhelming preponderance of senior Aboriginal men with traditional authority, responsibilities and obligations to protect and maintain the ceremony and landscape in question have instructed that the site registration not proceed.

 

Reassessment – 14 November 2017

 

On 6 September 2017, the Shire received correspondence from the DPLH advising the ACMC’s reassessment of LSC11 as to whether of not Place 30274 (LSC11) meets the requirements of an Aboriginal site under section 5 of the AH Act is scheduled for 14 November 2017.

 

The Shire has the opportunity to make written submissions for AMCM’s consideration in its assessment of LSC11, and submissions must be provided in writing by 2 October 2017.

 

It is recommended that the Council lodge a submission that it supports the updated Place Summary and that the application to register the Place as a sacred site should not proceed.

 

CONSULTATION

 

Nil

 

STATUTORY ENVIRONMENT

 

Aboriginal Heritage Act 1972

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

If LCS11 is included on the Register, it will have financial implications for the broader Shire of Broome.  The Shire would be required to seek section 18 consents for ground disturbing activities, which would consume significant staff resources and could also lead to delays in the delivery of projects.

 

To date, approximately $18,000 have been spent on the preparation of the previous submission (November 2016).  In the event the ACMC recommends that LCS11 be included on the Register, it is likely to lead to further consultant costs in the event the Shire were to seek a review of the decision.

 

RISK

 

Registration of LCS11 could present the following risks:

 

·     Reputational impact – Broome would be the first townsite which is covered in its entirety by a mythological site. This could lead to increases in the costs of ‘doing business’ in Broome and would greatly affect development confidence.

·     With such an expansive area forming part of the Place, the ability of the DPLH and ACMC to consider and respond to the large number of section 18 consents would add delays to the development process.

·     There would be no guidance afforded to landowners wanting to make a section 18 consent as the information is culturally sensitive and the actual locations or mythological areas are not easily identifiable. Also, areas of significance are not mapped or represented spatially. Therefore landowners do not have guidance as to whether a development or activity is acceptable, making development in the Broome townsite uncertain.

·     The lack of certainty as to what activities could be deemed as damaging a ‘site’ under the AH Act particularly as the sites significance is mythological. Concern is raised that there is no clear interpretation of what could constitute damage to a mythological site, and whether this could extend to vehicle and public access to particular areas, licenced activities and so on.

Should the ACMC decide to recommend that LCS11 be included on the Register, the Shire will need to consider legally challenging the decision of the ACMC.  This would give rise to legal costs, potentially significant, being incurred by the Shire

 

STRATEGIC IMPLICATIONS  

 

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

 

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

 

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

 

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

 

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

 

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

 

Affordable land for residential, industrial, commercial and community use

 

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

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council requests that the Chief Executive Officer make a submission to the Aboriginal Cultural Material Committee on the reassessment of Aboriginal Place DAA 30274 (LSC11) as shown in Attachment 3.

 

Attachments

1.

Shire of Broome submission dated 30 November 2016 (Confidential to Councillors and Directors Only)

This attachment is confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)(d) as it contains “legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting”. (Under separate cover)

2.

2017 Place Summary (Confidential to Councillors and Directors Only)

This attachment is confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)(d) as it contains “legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting”.

3.

Draft Shire of Broome submission

  


Item 9.2.5 - SUBMISSION FOR REASSESSMENT OF PLACE 30274 (LSC11) BROOME

 

 

 

 

 

 

 

 

Your Ref:       PLH0207-2017A/01

Our Ref:        PLA97

 

 

29 September 2017

 

 

Department of Planning, Lands and Heritage

PO Box 3153

EAST PERTH  WA  6892

 

 

Attention: Tanya Buttler

 

Dear Tanya

 

RE:     ABORIGINAL CULTURAL MATERIAL COMMITTEE’S REASSMENT OF DAA 30274 (LCS11)

 

Thank you for your letter dated 8 September 2017 in relation to the upcoming review by the Aboriginal Cultural Material Committee (ACMC) of DAA 30274 (LSC11).

 

The Shire of Broome notes the updated Place Summary.  The Shire supports the Department of Planning, Lands and Heritage recommendation that the place is not a place to which section 5 of the Aboriginal Heritage Act 1972 applies and that the registration of the place should not proceed.

 

The Shire of Broome would like to reaffirm its previous submission made on the registration of the place, which was provided on 30 November 2016 (see enclosed).

 

The Shire would appreciate notification of the outcome following the ACMC meeting.

 

Should you have any queries or would like to discuss this matter further, please contact the undersigned by telephone on 9191 3456.

 

Yours faithfully

 

 

 

Sam Mastrolembo

Chief Executive Officer

 


AgendaOrdinary Meeting of Council 28 September 2017                                                                   Page 604 of 605

 

 

9.2.6      REVIEW OF LOCAL PLANNING POLICY 8.28 – STRATA TITLING OF TOURIST DEVELOPMENTS IN THE TOURIST ZONE

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           PLA22

AUTHOR:                                                   Manager Planning & Building Services

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    11 September 2017

 

SUMMARY:         At the Ordinary Meeting of Council on 25 May 2017, a review of all Local Planning Policies was finalised which resulted in a number of minor amendments to Local Planning Policies being adopted. At this meeting, it was identified that changes were required to Local Planning Policy 8.28 – Tourist Developments (other than Caravan Parks) in the Tourist Zone which were beyond minor changes. Therefore, the proposed amendments were adopted for the purposes of seeking public comment.

The updated Policy, now titled Local Planning Policy 8.28 – Strata Titling of Tourist Developments in the Tourist Zone, was advertised for public comment.

No submissions were received and it is recommended that Council resolve to adopt Local Planning Policy 8.28 – Strata Titling of Tourist Developments in the Tourist Zone.

 

BACKGROUND

 

Previous Considerations

 

OMC 26 February 2015                     Item 9.2.2

OMC 30 July 2015                              Item 9.2.3

OMC 17 December 2015                 Item 9.4.3

OMC 28 July 2016                              Item 9.2.6

OMC 25 August 2016                        Item 9.2.5

OMC 29 September 2016                 Item 9.1.3

OMC 15 December 2016                 Item 9.2.2

OMC 30 March 2017                         Item 9.2.6

 

COMMENT

 

The proposed amendments to Local Planning Policy 8.28 - Tourist Developments (other than Caravan Parks) in the Tourist Zone (LPP) were considered by Council at the Ordinary Meeting on the 25 May 2017. The amendments to the LPP are summarised below:

 

·    Deletion of provisions which are now incorporated as development controls in the Cable Beach Development Strategy or clauses in Local Planning Scheme No. 6 (LPS6).

·    As the LPP now provides guidance on Strata Titling of developments in the Tourist Zone, it is recommended that the Policy title is updated to reflect this.

·    An additional clause 1.10 is included into the LPP setting out that where a tourist development is recommended for approval, certain conditions are likely to be incorporated to ensure that the tourist development is operated and continues to run as a resort. While the LPP requires the preparation of a legal agreement, of which the strata company by-laws form an annexure, it has been found that once the legal agreement has been entered into it may not be adequate in protecting the Shire’s interests and objectives (which is to ensure that the development operates as a resort). The inclusion of conditions of development approval addressing the management arrangements for the tourist development will mean that the Shire has potential recourse (through breach of condition of development approval under the Planning and Development Act 2005) if future strata owners do not meet with the obligations under the legal agreement.

 

A copy of the LPP showing the changes as tracked changes is provided in Attachment 1 and a tracked changes accepted version is provided in Attachment 2

 

Subsequent to Council’s consideration of the amendments to the LPP, the LPP was advertised for public comment with no submissions received. As such, it is recommended that Council adopt Local Planning Policy 8.28 – Strata Titling of Tourist Developments in the Tourist zone.

 

CONSULTATION

 

LPP 8.23 – Public Consultation Planning Matters sets out that Local Planning Policy Development/Review should undergo Level D consultation. The proposed amendments to the LPP were advertised for a period of 28 days, commencing on 15 June 2017 when a notice appeared in the Broome Advertiser and concluded on 13 July 2017. Copies of the LPP was also made available for inspection at the Shire Administration and the Shire’s website. At the conclusion of the public comment period, no submissions were received.

 

STATUTORY ENVIRONMENT

 

Local Planning Policies

 

Planning and Development Act 2005

 

Planning and Development (Local Planning Schemes) Regulations 2015

 

Schedule 2 – Deemed provisions for local planning Schemes

3.       Local planning policies

(1)     The local government may prepare a local planning policy in respect of any matter related to the planning and development of the Scheme area.

(2)     A local planning policy —

(a)     may apply generally or in respect of a particular class or classes of matters specified in the policy; and

(b)     may apply to the whole of the Scheme area or to part or parts of the Scheme area specified in the policy.

(3)     A local planning policy must be based on sound town planning principles and may address either strategic or operational considerations in relation to the matters to which the policy applies.

(4)     The local government may amend or repeal a local planning policy.

(5)     In making a determination under this Scheme the local government must have regard to each relevant local planning policy to the extent that the policy is consistent with this Scheme.

 

4.       Procedure for making local planning policy

 

(1)     If the local government resolves to prepare a local planning policy the local government must, unless the Commission otherwise agrees, advertise the proposed policy as follows —

(a)    publish a notice of the proposed policy in a newspaper circulating in the Scheme area, giving details of —

(i)      the subject and nature of the proposed policy; and

(ii)     the objectives of the proposed policy; and

(iii)     where the proposed policy may be inspected; and

(iv)    to whom, in what form and during what period submissions in relation to the proposed policy may be made;

(b)    if, in the opinion of the local government, the policy is inconsistent with any State planning policy, give notice of the proposed policy to the Commission;

(c)     give notice of the proposed policy in any other way and carry out any other consultation the local government considers appropriate.

 

(2)     The period for making submissions in relation to a local planning policy must not be less than a period of 21 days commencing on the day on which the notice of the policy is published under subclause (1)(a).

 

(3)     After the expiry of the period within which submissions may be made, the local government must —

(a)       review the proposed policy in the light of any submissions made; and

(b)       resolve to —

(i)        proceed with the policy without modification; or

(ii)        proceed with the policy with modification; or

(iii)       not to proceed with the policy.

 

(4)     If the local government resolves to proceed with the policy, the local government must publish notice of the policy in a newspaper circulating in the Scheme area.

 

(5)     A policy has effect on publication of a notice under subclause (4).

 

(6)     The local government —

(a)    must ensure that an up-to-date copy of each local planning policy made under this Scheme is kept and made available for public inspection during business hours at the offices of the local government; and

(b)    may publish a copy of each of those local planning policies on the website of the local government.

 

5.       Procedure for amending local planning policy

 

(1)     Clause 4, with any necessary changes, applies to the amendment to a local planning policy.

 

(2)     Despite subclause (1), the local government may make an amendment to a local planning policy without advertising the amendment if, in the opinion of the local government, the amendment is a minor amendment.

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

Nil

 

RISK

 

Reviews of policies are important to ensure that provisions contained therein are adequate and reflective of legislative changes. There is a potential risk that if the policy review is not completed, the planning framework will not be consistent with Council’s strategic direction.

 

STRATEGIC IMPLICATIONS  

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council, pursuant to Clause 3(4) and Clause 4(3) of Schedule 2 (Deemed Provisions for Local Planning Schemes) in the Planning and Development (Local Planning Schemes) Regulations 2015, amend Local Planning Policy 8.28 - Strata Titling of Tourist Developments in the Tourist Zone as shown in Attachment 2.

 

Attachments

1.

LPP 8.28 - Strata Titling of Tourist Developments in the Tourist Zone - tracked changes shown

2.

LPP 8.28 - Strata Titling of Tourist Developments in the Tourist Zone - tracked changes accepted

  


Item 9.2.6 - REVIEW OF LOCAL PLANNING POLICY 8.28 – STRATA TITLING OF TOURIST DEVELOPMENTS IN THE TOURIST ZONE

 

 

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Item 9.2.6 - REVIEW OF LOCAL PLANNING POLICY 8.28 – STRATA TITLING OF TOURIST DEVELOPMENTS IN THE TOURIST ZONE

 

 

LOCAL PLANNING POLICY                                      8.28

 

TITLE:

STRATA TITLING OF TOURIST DEVELOPMENTS IN THE TOURIST ZONE

ADOPTED:

OCM 17 December 1996 – Page 42

REVIEWED:

OCM 20 March 2001 – Pages 54 - 55

OCM 4 February 2003 – Pages 48 - 51

OCM 13 April 2004 – Pages 19 – 24

OMC 30 July 2015 – Pages 28 – 40

OMC 17 December 2015 – Pages 110-121

ASSOCIATED LEGISLATION:

Planning & Development Act 2005

Local Planning Scheme No 6 (LPS6)

ASSOCIATED DOCUMENTS:

 

REVIEW RESPONSIBILITY:

Director Development Services

DELEGATION:

Delegations are exercised in accordance with delegation granted in terms of Section 5.42 of the Local Government Act 1995 as amended or other statutes as applicable to specified officers.

APPLICATION:

This policy applies to all development within the Tourist zone within LPS6.

Previous Policy Number 4.1.10

 

Background:

 

Clause 3.14.2 of LPS6 lists the objectives for development in the ‘Tourist’ zone which includes the following:

 

          ensure that short term tourist and holiday accommodation are the     predominant land uses in this zone;

 

Clause 3.42.1 establishes the site and development requirements within the Tourist zone. At the Ordinary Meeting of Council on the 28 July 2016, the Cable Beach Development Strategy 2016 was adopted. The Strategy also contains development controls for Tourist Developments in the Cable Beach precinct.

 

This Policy has been prepared to guide the Strata Titling of tourist developments in the Tourist Zone.

 

Objective:

 

1.         To guide the strata titling of Tourist Developments in the Tourist zone.

 

2.         Ensure that the Tourist Developments which are strata titled are managed and maintained to provide a positive tourist experience.

 

3.         Ensure that when Tourist Developments are strata titled the purpose and objectives of the Tourist zone in LPS6 are maintained. 

 

Policy:

 

Any tourist development which seeks approval for a strata subdivision within a Tourist zone shall comply with the objectives and provisions of this policy.

 

1.1        No stand-alone residential development/subdivision and/or strata titling shall be approved.  

 

1.2        Each tourist development unit shall contain at least a bedroom and bathroom.  If laundry and clothes drying areas are not provided for each unit / apartment, laundry facilities shall be provided in a common area of the development.

 

1.3        Car parking for long stay/permanent residential accommodation units and the tourist orientated commercial developments shall be located as close as possible to that particular use and shall be clearly delineated at all times.

 

1.4        The development shall include a caretaker/managers residence or reception area being situated in a location, which facilitates suitable management of the resort. 

 

1.5       The Strata Titling of a Tourist Development may only be supported where: 

 

(a)     the development standards, site and development requirements of the Local Planning Scheme and Cable Beach Development Strategy have been satisfied;

(b)     the condition(s) of development approval have been complied with; and

(c)     The visitor amenities/tourist facilities for the tourist development, or stage thereof, as shown on the approved plans are completed including leisure facilities (such as common swimming pool, gymnasium and tennis courts), reception facilities and caretakers accommodation

 

1.6       The creation of vacant survey strata lots will not be supported. 

 

1.7       The planting of landscaping and the installation of reticulation shall be carried out in accordance with an approved landscaping plan prior to the approval of a Strata Plan.

 

1.8       Management Requirements

 

The applicant/developer shall enter into a formal legal agreement with the Shire (at no cost to the Shire) prior to the issue of Strata Title approval undertaking to:

 

(a)     Establish and operate a management system which ensures the development is run as a resort.

 

(b)     The management system to be an annexure to the formal agreement with the Shire and be approved by the Shire and the Australian Securities and Investment Commission (ASIC) if appropriate.

 

(c)     The management system will incorporate the provision of those features and facilities which identify the development as a resort, eg. common or uniform furnishings to all units and a common maintenance, gardening and cleaning service.

 

(d)     The management system will be achieved via a management agreement and the body corporate by-laws established between the developer and purchasers of the units and to embody the following specific provisions:

 

·     A requirement by way of a deed of agreement that the purchasers of units shall allow their units to be rented out, by the resort manager and/or their agents, to the general tourist sector

 

·     The deed of agreement to be an annexure to the formal agreement with the Shire.

 

·     The purchasers of the units shall receive a financial return from the rental of their units less outgoings for matters such as booking fees, managers fees, laundry service, electricity charges, cleaning service, body corporate fees, maintenance and replacement of furniture, refurbishment reserve etc. These financial matters would be resolved and agreed upon between the developer and the purchasers.

 

(e)     Agree to amend and expand the Strata Title Company By-laws as set out in Schedule 1 of the Strata Titles Act 1985 to incorporate any requirements determined necessary by the Shire.

 

(f)      Agree to carry out the development in accordance with approved plans, specifications and all conditions of approval in all respects to the satisfaction of the Shire.

 

(g)     Agree to develop facilities, managers accommodation and amenity buildings as part of the first stage of any staged development. The number of units to be built in the first stage to be determined by the Shire. Upon completion of a first stage to the Shire’s satisfaction, a Strata Plan may be registered. The Shire shall, however, require the lodgement of a Caveat on all vacant Strata Lots, which will not be removed until each unit and associated services has been developed.

 

(h)     Agree to ensure that before any person becomes the registered proprietor of any Strata Lot, that:

 

·     The By-laws (referred to in point (d)) as endorsed by the Shire have been adopted by the Body Corporate.

 

·     Such unanimous and other resolutions as may be required under the Strata Titles Act 1985 have been adopted by the Strata Company so that the whole of the development may be completed and the developer is able to comply with the provisions of the legal agreement with the Shire.

 

·     The Strata Lot is fully serviced and fit for occupation to the satisfaction of the Shire.

 

·     The applicant/developer shall agree not to transfer, mortgage, charge, assign or encumber the land or any Strata Lot without the written consent of Council and without first having obtained from the person securing an interest in the land their agreement to abide by the provisions of the agreement with Council.

 

1.9       The legal agreement between developer and the Shire, must contain the         following:

 

(a)    Management system to be put in place (annexure to agreement).

 

(b)    Strata Company By-laws to be put in place (annexure to agreement).

 

(c)    Agreement to carry out development in accordance with approvals.

 

(d)    Agreement to provide amenities as part of Stage One.

 

1.10     If a Tourist Development is recommended for approval, conditions of development approval are likely to be incorporated addressing the following:

 

(a)     A manager must be appointed to oversee the operation of the development;

(b)     All units, unless approved as permanent residential accommodation, must be used for short-term accommodation only and units must be made available for rent through a common rental pool, controlled by the manager.

(c)     All units, unless approved as permanent residential accommodation, must be fitted out to a consistent standards and be maintained by the manager.

(d)     All common landscaping areas and common facilities are to be maintained by the manager.

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

This Policy is a Local Planning Policy adopted under the provisions of Clause 2.4 of LPS6. LPS6 is administered by the Shire of Broome as the responsible authority under the Scheme. LPS6 was gazetted and came into operation on the 30 January 2015.

Planning policies adopted under LPS6 may be amended or rescinded after the procedures set out in Clause 2.4 and 2.5 have been completed.

 

 


AgendaOrdinary Meeting of Council 28 September 2017                                                                   Page 622 of 623

 

 

9.2.7      PROPOSED LOCAL GOVERNMENT PROPERTY AND PUBLIC PLACES AMENDMENT LOCAL LAW 2017

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           BYL11

AUTHOR:                                                   Manager Emergency, Health and Ranger Services

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    11 September 2017

 

SUMMARY:         The purpose of this report is to allow the presiding person to give notice to the meeting of the purpose and effect of the proposed Shire of Broome Local Government Property and Public Places Amendment Local Law 2017

 

BACKGROUND

 

Previous Considerations

 

OMC 9 August 2012                           Item 9.4.3

OMC 25 September 2014                 Item 12.2

OMC 26 May 2016                             Item 9.2.8

OMC 9 November 2016                    Item 9.2.10

OMC 25 May 2017                             Item 9.2.3

 

At the May 2017 Ordinary Meeting of Council (OMC), Council resolved to make the Local Government Property and Public Places Local Law 2016 (existing local law).  The existing local law replaced the Local Government Property and Public Places Local Law 2012. The existing local law was gazetted on 22 June 2017 and came into effect on 7 July 2017.

 

Whilst implementing the provisions of the existing local law, Officers have identified a number of further amendments that are required to fully implement the local law.  The extent of the proposed changes are not extensive and may be accommodated in amending rather than replacing the existing local law.

 

COMMENT

 

The existing local law plays a key role in allowing for the regulation of activities that occur within the Shire of Broome.  During the making of the existing local law, a number of changes were made including changes to definitions within the local law.

 

The major changes proposed in the amendment local law focus on two areas:

·    amending the area of application of the existing local law by amending the definitions that apply, particularly with regards to the definition of “public place”;

·    clarifying which activities of the local government apply to local government property and which apply to public places; and

·    to apply minor amendments to the provisions regarding permissible verge treatments.

 

The intent of the existing local law was to allow for the regulation of activities on local government property, within thoroughfares and in public places within the Shire of Broome.  Changes made to these definitions in the existing local law introduced ambiguity in relation to the application of the local law and inadvertently reduced the scope of the local law in certain circumstances.  The amendment local law aims to address these issues.

 

Regarding permissible verge treatments, the existing local law regulates verge treatments so as to maintain a high standard of visual amenity and ensure that materials used for treatments do not result in wider issues or cause environmental harm. The use of cracker dust has caused issues during heavy rainfall events as the material is often washed onto roadways and ultimately is washed into the drainage system. It is proposed to remove crusher dust as a permissible verge treatment but include gravel as a permissible verge treatment. Another provision regarding the installation of hard stand surfaces within a verge has been amended so it is consistent with the provision regarding permissible verge treatments.

 

The proposed Local Government Property and Public Places Amendment Local Law 2017 (proposed local law) is included as Attachment 1 to this report.  The existing local law amended by the proposed local law (shown as tracked changes) is included as Attachment 2 to this report.

 

purpose and effect of the new amendment local law

 

The purpose and effect of the Shire of Broome Local Government Property and Public Places Amendment Local Law 2017 are:

 

Purpose:

·    to ensure the Local Government Property and Public Places Local 2016 is effective in ensuring that local government property and public places are regulated and managed to the benefit of all users;

·    to ensure the Local Government Property and Public Places Local Law 2016 is effective in managing events on private land to minimise the impacts on surrounding land and safeguard the safety of attendees.

 

Effect:

·    To ensure the Local Government Property and Public Places Local 2016 has the effect of appropriately controlling the use of local government property and activities in public places.

 

CONSULTATION

 

The proposed local law must be advertised in accordance with section 3.12(3) of the Local Government Act 1995 for public comment for a period of 42 days. A copy of the proposed local law will be provided to the Department of Local Government, Sport and Cultural Industries for comment.

 

Any submissions received must be considered by Council before making the proposed local law.

 

STATUTORY ENVIRONMENT

 

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

 

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

 3.12. Procedure for making local laws

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

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

(3)  The local government is to — 

(a) give Statewide public notice stating that — 

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

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

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

and

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

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

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

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

* Absolute majority required.

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

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

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

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

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

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

(8) In this section —

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

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

The local law is then published in the Government Gazette and a copy sent to the relevant Minister and the State Parliament Joint Standing Committee on Delegated Legislation (JSCDL).

The local law comes into effect 14 days after publication in the Government Gazette.

 

POLICY IMPLICATIONS

 

The implementation of the proposed local law is not anticipated to have any implications on existing policies.

 

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 4 pages long. This equates to a gazettal fee of approximately $405.80.

 

Advertising in newspapers is at a cost of approximately $300 per occasion. Three advertisements are required at a cost of $900. This combined cost of advertising and gazetting is $1305.80 however this may vary slightly due to changes in charges and fees beyond the Shire’s control. 

 

RISK

 

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 Department of Local Government, Sport and Cultural Industries and subsequent review by the JSCDL.

 

There is a risk that if the proposed local law is not made, then there is likely to continue to be uncertainty over the application of the existing local law or the Shire may be challenged when applying the provisions of the local law.

 

STRATEGIC IMPLICATIONS  

 

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

 

Accessible and safe community spaces

 

Participation in recreational and leisure activity

 

A healthy and safe environment

 

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

 

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

 

Our 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

 

REPORT RECOMMENDATION:

That Council:   

1.       Notes the purpose and effect of the proposed law:

 

Purpose:

·    to ensure the Local Government Property and Public Places Local 2016 is effective in ensuring that local government property and public places are regulated and managed to the benefit of all users;

·    to ensure the Local Government Property and Public Places Local Law 2016 is effective in managing events on private land to minimise the impacts on surrounding land and safeguard the safety of attendees.

 

Effect:

·    To ensure the Local Government Property and Public Places Local 2016 has the effect of appropriately controlling the use of local government property and activities in public places.

 

2.       Proposes to make the Shire of Broome Local Government Property and Public Places Amendment Local Law 2017 as shown in Attachment 1;

3.       Advertises in accordance with section 3.12(3)(a) of the Local Government Act 1995 the proposed Shire of Broome Local Government Property and Public Places Amendment Local Law 2017 for a period of not less than 42 days; and

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

(Absolute Majority Required)

 

Attachments

1.

Proposed Local Government Property and Public Places Amendment Local Law 2017

2.

Local Government Property and Public Places Local Law as amended

  


Item 9.2.7 - PROPOSED LOCAL GOVERNMENT PROPERTY AND PUBLIC PLACES AMENDMENT LOCAL LAW 2017

 

 

LOCAL GOVERNMENT ACT 1995

 

Shire of Broome

 

LOCAL GOVERNMENT PROPERTY AND PUBLIC PLACES AMENDMENT LOCAL LAW 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 [insert date] to make the following local law.

 

1.      Citation

This local law is the Shire of Broome Local Government Property and Public Places Amendment Local Law 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

This local law amends the Shire of Broome Local Government Property and Public Places Local Law 2016 as published in the Government Gazette on 22 June 2017.

 

 

4.      Clause 1.5 amended

In clause 1.5 –

(a)       in the definition for local government property in item (b) insert “, but does not include a thoroughfare” prior to “; or”;

(b)       in the definition for local government property delete “but does not include a thoroughfare” after items (a), (b) and (c);

(c)       delete the definition for private land;

(d)       delete the definition for public place and insert a new definition for public place as follows –

public place means:

(a)    any thoroughfare or local government property; or

(b)    any place which the public is allowed to use, whether the place is or is not on private land, including park lands, squares, reserves, beaches, the intertidal zone and other land designated as being for the use and enjoyment of the public.”

 

 

5.         Clause 3.1 amended

In clause 3.1(b) delete “2003” and replace with “2016”.

 

 

6.         Clause 3.2 amended

Clause 3.2 is amended as follows –

(a)       in clause 3.2(1)(b) replace “at a public place” with “on local government property or a thoroughfare”;

(b)       in clause 3.2(1)(e) replace “within a public place” with “on local government property or a thoroughfare”;

(c)        in clause 3.2(1)(g)(iii) replace “on local government property” with “within a public place”;

(d)       delete clause 3.2(1)(i);

(e)       in clause 3.2(1)(k) replace “a public place” with “local government property or a thoroughfare”;

(f)        in clause 3.2(1)(l) replace “within a public place” with “on local government property or a thoroughfare”;

(g)       in clause 3.2(1)(m) replace “within a public place” with “on local government property or a thoroughfare;

(h)       in clause 3.2(1)(n) replace “in a public place” with “on local government property or a thoroughfare”;

(i)         in clause 3.2(1)(o) replace “within a public place” with “on local government property or a thoroughfare”;

(j)         in clause 3.2(1)(p) replace “a public place” with “local government property or a thoroughfare”;

(k)        in clause 3.2(1)(r) replace “in a public place” with “on local government property or a thoroughfare”; and

(l)         in clause 3.2(4) delete “public”.

 

7.         Clause 3.4 amended

In clause 3.4(1) replace “in a public place” with “on local government property”.

 

8.         Clause 3.15 amended

Clause 3.15 is amended as follows –

(a)       delete clause 3.15(b) and insert a new clause 3.15(b) as follows –

 

“(b)      where the permit relates to an activity on local government property or a thoroughfare:

 

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

(ii)   report any damage or defacement of the  local government property or thoroughfare to the local government;

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

(iv)  prevent the consumption of any liquor on the local government property or thoroughfare unless the permit allows it and a licence has been obtained under the Liquor Control Act 1988 for that purpose.”

 

 

9.         Clause 4.2 amended

Clause 4.2 is amended as follows –

(a)       in clause 4.2(1) replace “in a public place” with “on local government property or a thoroughfare”;

(b)       in clause 4.2(2)(a) delete “public”;

(c)        in clause 4.2(2)(b) delete “public”; and

(d)       in clause 4.2(2)(c) delete “public”.

 

 

10.      Clause 4.4 amended

In clause 4.4(1) replace “public place” with “local government property or thoroughfare”.

 

 

11.      Clause 4.5 amended

In clause 4.5(c) delete “public”.

 

 

12.      Clause 4.8 amended

In clause 4.8(1):

(a)       replace “in a public place” with “on local government property”; and

(b)       replace “public place” with “property”.

 

 

13.      Clause 5.1 amended

In clause 5.1(1) replace “3.5” with “3.2”.

 

 

14.      Clause 7.2 amended

In clause 7.2(1)(a) replace “public place” with “local government property”.

 

 

15.      Clause 8.3 amended

Clause 8.3 is amended as follows –

(a)       in clause 8.3(c)(ii)C. replace “10” with “20”; and

(b)       in clause 8.3(c)(ii) include a new sub-clause D. as follows –

 

“D.         gravel greater than ###”.

 

16.      Clause 8.5 amended

Clause 8.5 is amended as follows –

(a)       replace “bitumen,” with “bitumen or”; and

(b)       delete “or an area of inorganic material which exceeds 20 square metres”.

 

17.      Part 9 heading amended

The heading for Part 9 is amended by replacing “in public places” with “on local government property and thoroughfares”.

 

 

18.      Clause 9.3 amended

Clause 9.3 is amended as follows –

(a)       in clause 9.3(1)(a) replace “in a public place” with “on local government property or a thoroughfare”; and

(b)       in clause 9.3(1)(b) replace “in a public place” with “on local government property or a thoroughfare”.

 

 

19.      Clause 9.5 amended

In clause 9.5(1)(a)(vii) replace “public” with “thoroughfare or”.

 

20.      Clause 9.6 amended

Clause 9.6 is amended as follows –

(a)      in clause 9.6(1) replace “in a public place” with “on local government property or a thoroughfare”;

(b)      in clause 9.6(1)(c) replace “public” with “thoroughfare or”; and

(c)      in clause 9.6(1)(h) replace “in a public place” with “on a thoroughfare”.

 

 

21.      Schedule 1 amended

Schedule 1 is amended as follows –

(a)       in the General Description of Offence for item 24 replace “a public place or” with “local government property or a”; and

(b)       in the General Description of Offence for item 39 delete “in a public place”.

 

 

 

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 9.2.7 - PROPOSED LOCAL GOVERNMENT PROPERTY AND PUBLIC PLACES AMENDMENT LOCAL LAW 2017

 

 

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AgendaOrdinary Meeting of Council 28 September 2017                                                                   Page 670 of 671

 

 

9.2.8      PROPOSED TRADING, OUTDOOR DINING AND STREET ENTERTAINMENT AMENDMENT LOCAL LAW 2017

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           BYL12

AUTHOR:                                                   Manager Emergency, Health and Ranger Services

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    12 September 2017

 

SUMMARY:         The purpose of this report is to allow the presiding person to give notice to the meeting of the purpose and effect of the proposed Shire of Broome Trading, Outdoor Dining and Street Entertainment Amendment Local Law 2017

 

 

BACKGROUND

 

Previous Considerations

 

OMC 14 October 2003                     Item 9.1.9

OMC 20 January 2004                       Item 9.1.8

OMC 29 September 2011                 Item 9.1.4

OMC 14 June 2012                            Item 9.4.10

OMC 30 June 2016                            Item 9.2.4

OMC 15 December 2016                 Item 9.2.3

 

At the December 2016 Ordinary Meeting of Council (OMC), Council resolved to make the Trading, Outdoor Dining and Street Entertainment Local Law 2016 (existing local law).  The 2016 law replaced the Trading, Outdoor Dining and Street Entertainment Local Law 2003. The existing local law was gazetted on the 16 January 2017 and came into effect on the 31 January 2017.

 

Whilst implementing provisions of the existing local law, Officers have identified that some definitions required clarification to give greater certainty on where the law has effect.

 

COMMENT

 

The existing local law allows for the effective regulation of commercial activities in Broome and in particular how those activities are conducted in public places or on local government property. During the making of the existing local law some amendments were made to definitions. These changes have had the unintended effect of introducing ambiguity in relation to the application of the existing local law and inadvertently reduced the scope of the local law.

 

The major change that the amendment local law will have is to amend the definitions of “local government property” and “public place”. The changes will have the effect of providing certainty as to the application of the existing local law, consistent with the expectations of the community.

 

The proposed Trading, Outdoor Dining and Street Entertainment Amendment Local Law 2017 (proposed local law) is included as Attachment 1 to this report. The existing local law amended by the proposed local law (shown as tracked changes) is included as Attachment 2 to this report.

 

Purpose and effect of the PROPOSED local law

 

The purpose and effect of the Shire of Broome Trading, Outdoor Dining and Street Entertainment Amendment Local Law 2017 are:

 

Purpose

·    To ensure the Trading, Outdoor Dining and Street Entertainment Local Law 2016 is effective in regulating trading, outdoor dining and street entertainment in the Shire and that the area of application is clarified.

 

Effect

·    Removes ambiguity in relation to the application of the Trading, Outdoor Dining and Street Entertainment Local Law 2016.

 

CONSULTATION

 

The proposed local law must be advertised in accordance with section 3.12(3) of the Local Government Act 1995 for public comment for a period of 42 days. A copy of the proposed local law will be provided to the Department of Local Government, Sport and Cultural Industries for comment.

 

Any submissions received must be considered by Council before making the new proposed local law.

 

STATUTORY ENVIRONMENT

 

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

 

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

 3.12. Procedure for making local laws

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

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

(3)  The local government is to — 

(a) give Statewide public notice stating that — 

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

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

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

and

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

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

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

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

* Absolute majority required.

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

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

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

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

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

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

(8) In this section —

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

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

The local law is then published in the Government Gazette and a copy sent to the relevant Minister and the State Parliament Joint Standing Committee on Delegated Legislation (JSCDL).

 

The local law comes into effect 14 days after publication in the Government Gazette

 

POLICY IMPLICATIONS

 

The implementation of the proposed local law is not anticipated to have any implications on existing policies.

 

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 2 pages long. This equates to a gazettal fee of approximately $202.90.

 

Advertising in newspapers is at a cost of approximately $300 per occasion. Three advertisements are required at a total of $900. This combined cost of advertising and gazetting is $1102.90 however this may vary slightly due to changes in charges and fees beyond the Shire’s control. 

 

RISK

 

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 by the JSCDL.

 

There is a risk that if the proposed local law is not made, then there is likely to continue to be uncertainty over the application of the existing local law or the Shire may be challenged when applying the provisions of the local law.

 

STRATEGIC IMPLICATIONS  

 

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

 

Accessible and safe community spaces

 

A healthy and safe environment

 

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

 

An organisational culture that strives for service excellence

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Absolute Majority

 

REPORT RECOMMENDATION:

That Council:   

1.       Notes the purpose and effect of the proposed local law:

 

Purpose

·    To ensure the Trading, Outdoor Dining and Street Entertainment Local Law 2016 is effective in regulating trading, outdoor dining and street entertainment in the Shire and that the area of application is clarified.

 

Effect

·    Removes ambiguity in relation to the application of the Trading, Outdoor Dining and Street Entertainment Local Law 2016.

 

2.       Proposes to make the Shire of Broome Trading, Outdoor Dining and Street Entertainment Amendment Local Law 2017 as shown in Attachment 1;

3.       Advertises in accordance with section 3.12(3)(a) of the Local Government Act 1995 the proposed Shire of Broome Trading, Outdoor Dining and Street Entertainment Amendment Local Law 2017 for a period of not less than 42 days; and

4.       In accordance with section 3.12(3)(b) of the Local Government Act 1995 forwards a copy of the advertisement and the proposed Shire of Broome Shire of Broome Trading, Outdoor Dining and Street Entertainment Amendment Local Law 2017 to the Minister for Local Government.

(Absolute Majority Required)

 

Attachments

1.

Proposed Trading, Outdoor Dining, Street Entertainment Amendment Local Law 2017

2.

Trading, Outdoor Dining and Street Entertainment Local Law 2016 as amended

  


Item 9.2.8 - PROPOSED TRADING, OUTDOOR DINING AND STREET ENTERTAINMENT AMENDMENT LOCAL LAW 2017

 

 

LOCAL GOVERNMENT ACT 1995

 

Shire of Broome

 

TRADING, OUTDOOR DINING AND STREET ENTERTAINMENT AMENDMENT LOCAL LAW 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 [insert date] to make the following local law.

 

1.      Citation

This local law is the Shire of Broome Trading, Outdoor Dining and Street Entertainment Amendment Local Law 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

This local law amends the Shire of Broome Trading, Outdoor Dining and Street Entertainment Local Law 2016 as published in the Government Gazette on 16 January 2017.

 

 

4.      Clause 1.6 amended

In clause 1.6 –

(a)       in the definition for event in item (a) replace “local government on private or public land” with “district”;

(b)       in the definition for event in item (b) replace “2012” with “2016”;

(c)       in the definition for local government property in item (b) insert “, but does not include a thoroughfare” prior to “; or”;

(d)       in the definition for local government property in item (c) delete “, but does not include a thoroughfare” after “section 3.53 of the Act”;

(e)       delete the definition for public place and insert a new definition for public place as follows –

public place means:

(a)    any thoroughfare or local government property; or

(b)    any place which the public is allowed to use, whether the place is or is not on private land, including park lands, squares, reserves, beaches, the intertidal zone and other land designated as being for the use and enjoyment of the public.”; and

(f)        in the definition for trading in item (f) replace “in a public place” with “on local government property or a thoroughfare”.

 

 

5.         Clause 7.1 amended

In clause 7.1.1 delete “a public” and replace with “an approved”.

 

 

 

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 9.2.8 - PROPOSED TRADING, OUTDOOR DINING AND STREET ENTERTAINMENT AMENDMENT LOCAL LAW 2017

 

 

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AgendaOrdinary Meeting of Council 28 September 2017                                                                   Page 702 of 703

 

 

9.2.9      RFQ17-81 SUPPLY OF PLANT AND SERVICES - CRAB CREEK ROAD UPGRADE STAGE 2


LOCATION/ADDRESS:                             Crab Creek Road

APPLICANT:                                              Nil

FILE:                                                           RFQ17-81

AUTHOR:                                                   Senior Project Engineer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Infrastructure

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    14 September 2017

 

SUMMARY:         This report considers submissions received for the Supply of Plant and Services for the Crab Creek Road Upgrade Stage 2 and seeks adoption of the recommendation contained in the confidential RFQ evaluation report.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 30 June 2016                            Item 9.4.6

OMC 27 April 2017                             Item 9.2.5

 

In accordance with regulation 11.2(b) of the Local Government (Functions and General) Regulations 1996 tenders do not have to be publicly invited if the supply of goods or services is to be obtained through the WALGA Preferred Supplier Panel (the WALGA panel).

 

While it is considered a public tender exempt process, given the contract exceeds the Chief Executive Officer’s (CEO’s) delegated purchasing authority, Council is requested to consider the award of the contract.

 

 

COMMENT                   

 

As part of the ongoing development of the Broome Road Industrial Estate by LandCorp, Crab Creek Road was realigned along the entire length (approximately 1560m) of Reserve 25716.

 

A Development Condition placed on Marphill Holdings for the recently constructed Nitrate Plant on this new section of Crab Creek Road was for the proponents to fully construct the first section of the recently realigned road from Broome Road to the southern boundary of the Nitrate Plant (approximately 680m). This work is to be undertaken by others with an expected completion date of the end of September 2017.

 

Furthermore, a condition of the development approval for the Water Corporation’s Waste Water Treatment Plant (WWTP), specified that the Water Corporation must contribute to the upgrade of Crab Creek Road from the southern boundary of Reserve 25716 to the entry of the WWTP (approximately 880m). This contribution has been received, with the works being undertaken by the Shire.

 

These two development conditions left an intermediate section of Crab Creek Road that would remain as a Type 1 - Unformed Road. Council has previously undertaken to coordinate the construction of a continuous Type 5 Sealed Road from Broome Highway to the WWTP.

 

Due to the size of the project and the initial contribution required by the Shire of Broome, it was decided to split the project over two financial years. Stage 1 was constructed in the 2016/2017 financial year, with Stage 2 construction being undertaken in the 2017/2018 financial year. The works will be project managed by the Shire of Broome, with the majority of plant and equipment being sought from suitably resourced local contractors.

 

The road will be constructed to a Type 5 - Sealed Road (7m seal width with 1m shoulders) as detailed in the attached plan. The construction of side drainage with gabion drop structures as well as a four barrel 1200 x 900mm Reinforced Concrete Box Culvert with cast insitu headwalls and associated scour protection will also form part of the project.

 

The recommendation report included for Council consideration relates to Stage 2 of this project.

 

Works are programmed to commence in the second week of October 2017 with an eight week construction period. All works will be completed by early December 2017.

 

 

CONSULTATION

 

Water Corporation

Western Australian Local Government Association

Department of Aboriginal Affairs

Department of Environmental Regulation

Nyamba Buru Yawuru

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

 

3.57.  Tenders for providing goods or services

(1)     A local government is required to invite tenders before it enters into a contract of a prescribed kind under which another person is to supply goods or services.

(2)     Regulations may make provision about tenders.

 

Local Government (Functions and General) Regulations 1996

11.     When tenders have to be publicly invited

(1)     Tenders are to be publicly invited according to the requirements of this Division before a local government enters into a contract for another person to supply goods or services if the consideration under the contract is, or is expected to be, more, or worth more, than $150 000 unless sub regulation (2) states otherwise.

(2)     Tenders do not have to be publicly invited according to the requirements of this Division if —

(a)   the supply of the goods or services is to be obtained from expenditure authorised in an emergency under section 6.8(1)(c) of the Act; or

(b)   the supply of the goods or services is to be obtained through the WALGA Preferred Supplier Program; or

[(ba) deleted]

(c)   within the last 6 months —

(i)      the local government has, according to the requirements of this Division, publicly invited tenders for the supply of the goods or services but no tender was submitted that met the tender specifications or satisfied the value for money assessment; or

(ii)     the local government has, under regulation 21(1), sought expressions of interest with respect to the supply of the goods or services but no person was, as a result, listed as an acceptable tenderer;

or

(d)   the contract is to be entered into by auction after being expressly authorised by a resolution of the council of the local government; or

(e)   the goods or services are to be supplied by or obtained through the government of the State or the Commonwealth or any of its agencies, or by a local government or a regional local government; or

(ea)  the goods or services are to be supplied —

(i)      in respect of an area of land that has been incorporated in a district as a result of an order made under section 2.1 of the Act changing the boundaries of the district; and

(ii)     by a person who, on the commencement of the order referred to in subparagraph (i), has a contract to supply the same kind of goods or services to the local government of the district referred to in that subparagraph;

or

(f)    the local government has good reason to believe that, because of the unique nature of the goods or services required or for any other reason, it is unlikely that there is more than one potential supplier; or

(g)   the goods to be supplied under the contract are —

(i)      petrol or oil; or

(ii)     any other liquid, or any gas, used for internal combustion engines;

or

(h)   the following apply —

(i)      the goods or services are to be supplied by a person registered on the Aboriginal Business Directory WA published by the Small Business Development Corporation established under the Small Business Development Corporation Act 1983; and

(ii)     the consideration under the contract is $250 000 or less, or worth $250 000 or less; and

(iii)     the local government is satisfied that the contract represents value for money;

or

(i)     the goods or services are to be supplied by an Australian Disability Enterprise; or

(j)     the contract is a renewal or extension of the term of a contract (the original contract) where —

(i)      the original contract was entered into after the local government, according to the requirements of this Division, publicly invited tenders for the supply of goods or services; and

(ii)     the invitation for tenders contained provision for the renewal or extension of a contract entered into with a successful tenderer; and

(iii)     the original contract contains an option to renew or extend its term; and

(iv)    the supplier’s tender included a requirement for such an option and specified the consideration payable, or the method by which the consideration is to be calculated, if the option were exercised;

or

(k)    the goods or services are to be supplied by a pre‑qualified supplier under Division 3.

 

POLICY IMPLICATIONS

 

The Request for Quotation has been managed in accordance with Policy 2.3.7 Purchasing. The WALGA eQuote system was utilised, accessing three local suppliers through the Preferred Supplier database.

 

FINANCIAL IMPLICATIONS

 

See attached confidential evaluation report for details of financial implications.

 

The current 2017/2018 Budget amount of $750,000 is sufficient to complete the programmed works associated with Stage 2 of this project.

 

RISK

 

Proceeding with the evaluation recommendation represents low risk. The amount of monetary consideration for this component of the project is within the agreed budget adopted by Council. The recommended submission is from a well resourced local contractor with a proven track record with the Shire of Broome.

 

Not proceeding with the evaluation recommendation could represent high risk as the project would not be able to be completed without this specialist plant. Furthermore, Water Corporation co-funding of the project is contingent on works being progressed as soon as practical.

 

STRATEGIC IMPLICATIONS  

 

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

 

Affordable services and initiatives to satisfy community need

 

Accessible and safe community spaces

 

Participation in recreational and leisure activity

 

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

 

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

 

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

 

 

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

 

Affordable and equitable services and infrastructure

 

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

 

Responsible resource allocation

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council Awards RFQ 17-81 Supply of Plant and Services for the Crab Creek Road Upgrade Stage 2, to _____________________________ as per the recommendation contained within the confidential attachment.

 

Attachments

1.

SITE PLAN

2.

EVALUATION REPORT (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”.

  


Item 9.2.9 - RFQ17-81 SUPPLY OF PLANT AND SERVICES - CRAB CREEK ROAD UPGRADE STAGE 2

 

 

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AgendaOrdinary Meeting of Council 28 September 2017                                                                   Page 708 of 709

 

 

9.2.10    BROOME BOWLING CLUB PETITION

LOCATION/ADDRESS:                             78 Herbert Street Broome

APPLICANT:                                              Broome Bowling Club

FILE:                                                           RES 32655

AUTHOR:                                                   Environmental Health Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    13 September 2017

 

SUMMARY:         At the Ordinary Meeting of Council held on 7 September 2017, Cr Male presented a petition from Kevin May, President of the Broome Bowling Club (Club), requesting that the Club be able to “retain an onsite caretaker in temporary accommodation prior to the completion of permanent structure”.

This report recommends that Council note the Club’s petition and subsequent request to allow the caretaker to remain onsite until a permanent dwelling is established. The decision in relation to this matter lies with the Minister, and was already supported by the Shire at the Ordinary Meeting of Council on 27 April 2017. Therefore, there is no further action recommended in relation to this matter at this time.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 18 July 2013                              Item 9.2.5

OMC 30 April 2015                             Item 9.2.1

OMC 17 December 2015                 Item 9.1.1

OMC 27 April 2017                             Item 9.2.3

 

At the Ordinary Meeting of Council (OMC) held on 7 September 2017, Cr Male presented a petition from Kevin May, President of the Broome Bowling Club (Club), requesting that the Club be able to “retain an onsite caretaker in temporary accommodation prior to the completion of permanent structure”.  A copy of the petition is included as Attachment 1 to this report.

 

After receiving the petition at the September 2017 OMC, officers verified that out of the 172 signatures, 31 are electors in the Shire of Broome and 13 were possible matches. These were checked against the Certified Rolls from the 2015 Election.

 

COMMENT

 

Under the Caravan Parks and Camping Grounds Regulations 1997 (Regulations) a local government can approve a person to camp at a location for a period up to 3 months. Beyond 3 months, the Minister for Local Government (Minister) may approve camping for a period of up to 12 months. 

 

Shire records indicate that during a routine health inspection on 25 March 2013, it was found that caretakers were residing at the Bowling Club site in a caravan. The Club was advised that they would require approval under the Regulations to remain onsite and that the Shire could issue approval for the caravan to remain onsite for up to 3 months, but any application for a longer period would need to be made to the Minister.  An application was subsequently received and approved by the Shire, with Council also resolving to support the application to the Minister. The Minister subsequently approved the application, allowing the caretakers to remain in the caravan onsite for a further 12 months. This approval was effective from 1 November 2013 to 31 October 2014. A condition imposed by the Minister required a plan to be developed, to ensure alternative permanent accommodation was available for the caretakers before the expiration of the approval.

 

In March 2015, the Shire again received a request from the Broome Bowling Club for Council’s support for another 12 month approval for fulltime caretakers to live in a caravan onsite. The request was presented to Council for consideration at the OMC on 17 December 2015. Council resolved to support the application by again writing to the Minister to support a further 12 month approval. This resolution also stated that alternative arrangements would need to be in place by the end of the approval period for the caravan to be removed from the site. As part of the Shire’s support, it was also resolved that the Chief Executive Officer (CEO) was authorised to sign a planning application for a caretakers residence on site and the lease be amended to include a dwelling on site. The Club was informed that a further 12 month extension of the approval would not be supported.

 

During a routine health inspection carried out on 13 December 2016 it was noted that no action had been taken to establish a permanent caretakers residence onsite. This was discussed with the representatives of the Club in attendance during the inspection. No contact had been made with the Shire’s planning section regarding an application for a caretakers residence. The Club was again reminded of the requirement for the caravan to be removed from the site by 28 February 2017.

 

Representatives from the Club met with the CEO and Director Development Services on 2 March 2017 to discuss the matter.  At this meeting, the Club representatives indicated that it had been the intention of the Club to construct permanent accommodation for a caretaker onsite during 2016. The Club applied for two grants to assist with the construction of a caretakers residence, however these were unsuccessful. The Club was now focusing on its efforts to securing funding for urgent upgrades to the Club facilities.

 

To facilitate the continued presence of the caretaker onsite, on 16 March 2017 correspondence was received from the Club requesting the Shire support a further 12 month extension for caretakers to camp in a caravan onsite. This application included confidential financial statements, a strategic plan and a business plan outlining the Club’s direction for the future. This showed that the Club has been working towards a financially sustainable position, and outlined how the Club plans to build its financial capacity so that its future needs and infrastructure requirements can be provided for.  Future financial security may allow for permanent caretakers accommodation to be provided

 

The request was presented to Council at the OMC on 27 April 2017.  Council resolved to continue to support the Club, and again write to the Minister supporting another 12 month approval for fulltime caretakers to live in a caravan onsite. Council also noted the Club’s financial priorities have changed and the Club was now focused on facility improvements instead of a caretakers residence.  Council resolved that the CEO be authorised to work with the Club to improve security onsite.

 

On 5 May 2017 the CEO wrote the Minister’s office in support of the application in accordance with Council’s resolution. The Shire received correspondence on 10 July 2017 from the Minister advising that approval for the caretakers caravan to remain onsite was not approved, based on the history of applications and extended periods of time the caretaker has been living onsite. The Minister stated that two approvals were given as an interim measure and not as an enduring accommodation option. Previous approvals have been clear in the direction that the site was to be vacated at the end of the 12 month period and alternative options need to be arranged.

 

On 18 July 2017 representatives of the Club met with the Shire’s Director Development and Community, Coordinator of Environmental Health and Property and Leasing Officer to discuss options going forward for the Club. The options included improving fencing at the site and undertaking a security audit to consider additional security options.  At the meeting, the Club representatives were advised that the Minister’s decision had to be complied with, but agreed to allow the Club until 1 September 2017 to remove the caravan.

 

The Club states in the petition that the caretaker must remain onsite, to prevent damage to the Club facilities and grounds and to open the facilities for users outside competitions.  The presence of a caretaker onsite has been shown to reduce the prevalence of vandalism and burglary to the clubhouse and bowling green.

 

On 1 September 2017 the Shire received further correspondence from the Minister’s Office advising that the decision made in July 2017 had been reversed after receiving a request from the local member for the Kimberley, Ms Josie Farrer MLA. This new approval has only been granted until 31 December 2017 and is subject to the following conditions:

 

·     the caretaker has access to drinking water and ablution facilities within the building;

·     the caretaker disposes of waste water through the building if the caravan is not connected to the waste water treatment system approved by the Department of Health;

·     alternative permanent accommodation is available prior to the expiry of this approval; and

·     the caravan is removed from the Club’s grounds once the caretaker has taken up residence in the alternative accommodation.

 

Shire officers acknowledge the financial position of the Club and the Club’s desire for the caretaker to remain in a caravan onsite. The Club advised that grant funding applications for building works and Club improvements have again been unsuccessful.  As previously stated, the Shire has no authority to issue the approval requested for periods longer than 3 months. The decision stands with the Minister, and as such the Shire has no capacity to allow a caravan onsite without his approval which has been provided until 31 December 2017. Council has previously and only recently (April 2017) reiterated its support for the caravan to remain onsite.  The Shire’s ability to do anything further to allow the caretaker to remain onsite in the caravan is limited.

 

Therefore, it is recommended that Council note the petition, and commit to continue to work with the Broome Bowling Club to develop security measures to enable the caretaker to vacate the site by 31 December 2017.

 

CONSULTATION

 

Shire officers, including the CEO and Director Development and Community, have been involved in a number of meetings with representatives from the Club in relation to this issue.  Officers have sought to discuss other options for retaining the caretaker onsite (in permanent accommodation) and to improve security measures for the site.

 

STATUTORY ENVIRONMENT

 

Caravan Parks and Camping Grounds Act 1995

Caravan Parks and Camping Grounds Regulations 1997

 

11.          Camping other than at caravan park or camping ground

               (1)         A person may camp —

(a)     for up to 3 nights in any period of 28 consecutive days on land which he or she owns or has a legal right to occupy, and may camp for longer than 3 nights on such land if he or she has written approval under subregulation (2) and is complying with that approval; or

(b)     for up to 24 consecutive hours in a caravan or other vehicle on a road side rest area; or

(c)     for up to 24 consecutive hours in a caravan or other vehicle on a road reserve in an emergency, unless to do so would cause a hazard to other road users or contravene any other written law with respect to the use of the road reserve; or

(d)     on any land which is —

(i)    held by a State instrumentality in freehold or leasehold; or

(ii)   dedicated, reserved, or set apart under the Land Administration Act 1997 or any other written law, and placed under the care, control or management of a State instrumentality,

                                      in accordance with the permission of that instrumentality; or

(e)  on any unallocated Crown land or unmanaged reserve, in accordance with the permission of the Minister within the meaning of the Land Administration Act 1997, or a person authorised by the Minister to give permission under this paragraph.

               (2)        Written approval may be given for a person to camp on land referred to in subregulation (1)(a) for a period specified in the approval which is longer than 3 nights — 

(a)  by the local government of the district where the land is situated, if such approval will not result in the land being camped on for longer than 3 months in any period of 12 months; or

(b)  by the Minister, if such approval will result in the land being camped on for longer than 3 months in any period of 12 months; or

(c)  despite paragraph (b), by the local government of the district where the land is situated —

(i)    if such approval will not result in the land being camped on for longer than 12 consecutive months; and

(ii)   if the person owns or has a legal right to occupy the land and is to camp in a caravan on the land while a permit has effect in relation to the land.

 

 

 

POLICY IMPLICATIONS

 

Shire of Broome Policy 4.2.10 – Approval to Camp for up to 3 Months in Areas Other than Caravan Parks & Camping Grounds.

1.    Application for approval must be made to the Shire of Broome by completing in full the Application to Camp for up to 3 Months in Areas Other Than Caravan Parks & Camping Grounds.

3.    The premises is to have toilet, ablution and laundry facilities, available for use by the person/people camping, that comply with the Building Code of Australia, Council’s Local Laws and Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974. Details of these services are required to be provided as part of the application.

4.    The camp is to be located wholly on the property, and be at least one (1) metre from the property boundary, at least one (1) metre from any vehicle access areas and at least six (6) metres from any road boundary.

5.    All caravans to satisfy cyclone safety standards equivalent to those required for caravans in licensed facilities by clause 48 of schedule 7 of the Caravan Parks and Camping Grounds Regulations 1997. It should be noted for a caravan to safely survive a cyclone it should be housed in a cyclone rated shed.

6.    Approval, in writing, is to be obtained from owners of the property. Occupiers of adjacent properties are to be notified in writing and any responses are to be included in the application for consideration by the Shire.

7.    Council reserves the right to withdraw the approval at any stage.

8.    An application for approval to camp outside a caravan park for a period in excess of 3 months in any 12 month period will need to be made to the Minister for Local Government and Regional Development.

9.    The Shire of Broome will not support applications made to the Minister for long term stays (longer than 3 months) in Residential, Rural, Light and Service Industry, Industrial areas.

10.  The Shire of Broome will only recommend to the Minister that approval be given to private persons employed in Broome who are seeking approval to camp in a caravan on a Park or Recreational area as a caretaker. Applications to the Minister from community organisations and sporting clubs may be supported by the Shire of Broome following submission of a completed application form in accordance with the provisions of this policy.

11.  Approval will not be granted within the Broome Townsite. Shire of Broome Policy Manual Policy Number 4.2.10 Page 4 12. Approval will only be granted where a building licence has been issued and the concrete slab or equivalent has been laid.

 

FINANCIAL IMPLICATIONS

 

Nil

 

RISK

 

Given the security issues that have been highlighted for the site, should approval for the caretakers’ caravan not be granted resulting in the caretakers’ vacating the site, there is risk of damage to the clubhouse and green through vandalism and theft.  The risk of this occurring should the Minister’s approval not be granted is considered High. 

 

As the Shire has previously supported the Club’s application to the Minister, the Shire’s ability to further influence the Minister’s decision is limited.  However, to mitigate the risk of damage to the clubhouse and green through vandalism and theft, the CEO can continue to work with the Club to develop permanent measures to improve security at the site.

 

STRATEGIC IMPLICATIONS  

 

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

 

A healthy and safe environment

 

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

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:  

1.       Notes the petition received by the Broome Bowling Club as contained in Attachment 1; and

2.       Authorises the CEO to continue to work with the Broome Bowling Club to develop security measures to enable the caretaker to vacate the site by 31 December 2017.

 

 

Attachments

1.

Petition from Broome Bowling Club

  


Item 9.2.10 - BROOME BOWLING CLUB PETITION

 

 

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AgendaOrdinary Meeting of Council 28 September 2017                                                                   Page 728 of 729

 

 

9.2.11    CAMEL LEASES - LEASE AGREEMENTS FOR PORTIONS OF RESERVE 52985

LOCATION/ADDRESS:                             Portions of Reserve 52985 40 Lullfitz Drive, Cable Beach

APPLICANT:                                              Stephen Madden and John Geappan

FILE:                                                           RES52985

AUTHOR:                                                   Property and Leasing Senior Officer

CONTRIBUTOR/S:                                    Asset & Building Coordinator

Land Tenure Officer

RESPONSIBLE OFFICER:                           Director Infrastructure

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    13 September 2017

 

SUMMARY:         This report requests Council to consider entering into Camel Leases over Lots 500 and 302 of the newly created Camel Reserve 52985 and provide an update on other matters on camel licencing and leasing.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 29 June 2017                            Item 9.2.5

OMC 27 October 2016                     Item 9.3.2

OMC 28 April 2016                             Item 9.2.5

OMC 27 August 2015                        Item 9.3.3

 

On the 29 June 2017 Council resolved:

 

Council Resolution:

(REPORT RECOMMENDATION)

 

Moved: Cr C Mitchell                                                         Seconded: Cr H Tracey

 

That council requests that the Chief Executive Officer write to the Department of lands:

 

1.   Requesting that a reserve is created with Management Orders in favour of the Shire of Broome for the purpose of ‘keeping of camels, caretakers dwelling, zoological gardens and ancillary uses’ and including the power to lease, as follows:

 

(a) The reserve initially includes lots 500 and 501 on Deposited Plan 56050;

 

(b) That Lot 302 on Deposited Plan 43435 be included into the reserve upon finalisation of the amendment to Local Planning Scheme No 6 to allow for the additional use on Lot 302 on Deposited Plan 43435 of ‘zoological gardens’; and

 

(c) That Lot 303 on Deposited Plan 43435 be included in the reserve upon surrender or expiry of Land Administration Act 1997 Lease N158298.

 

2.   Advising that once the reserve is created in accordance with Point 1, the Shire can offer a camel lease pursuant to section 3.58 of the Local Government Act 1995 (WA) to the current camel licence holders whose leasehold is incorporated into the reserve.

3.   Advising that Council supports the issuing of a section 91 Licence pursuant to the Land Administration Act 1997 to Mr Madden for the agistment of camels on Lot 500 on Deposited Plan 56050 subject to:

                                                             

(a) The Licence being conditioned to restrict any buildings or structures on the sire, except for temporary fencing; and

 

(b) The Licence terminating upon the creation of the reserve in accordance with Point 1 and issuing of Management Orders in favour of the Shire of Broome.

 

4.   Advising that Council supports the inclusion of that portion of Lot 1780 Deposited Plan 185481, as depicted hatched red on Attachment 2, into the reserve created in accordance with Point 1

 

The Department of Planning, Lands, and Heritage (DPLH) previously managed crown leases within the town site of Broome for the purpose of keeping camels, which facilitated the undertaking of camel tours on Cable Beach.

 

In order to achieve an alignment between the management of camel tour trading licences and the camel leases, the Shire’s long term goal is to have control over the land subject to the camel leases and be able to issue leases over that land in a process run concurrently with the issuing of camel tour trading licences.

 

Reserve 52985

On 7 July 2017, DPLH created Reserve 52985 and associated Management Order to the Shire of Broome over Lot 500 on Deposited Plan 56050, Volume 3145, Folio 185. The Reserve has been purposed for “Keeping of camels, caretaker’s dwelling, zoological gardens and ancillary uses”.

 

The Management Order reflects the following conditions:

i.    To be utilised for the designated purpose of “Keeping of camels, caretaker’s dwelling, zoological gardens and ancillary uses”.

ii.    Power to Lease (sublease or license) is granted for the whole or any portion thereof for any term subject to the approval in writing of the Minister for Lands being first obtained to each and every lease or assignment of lease, pursuant also to the provisions of section 18 of the Land Administration Act 1997.

 

See Attachments 1 and 2.

 

In accordance with point 2 of the above resolution Shire Offices have pursued a draft lease agreement and market valuation in preparation for execution.

 

 See Attachments 3 and 4.

 

COMMENT

 

Lot 302 on Deposited Plan 43435

On 12 September 2017, the DPLH provided correspondence to Mr Geappen advising him that Lease J513741 (comprising Lot 302 on DP 43435) expired 30 September 2015 and is currently in a holding over arrangement to support continued use and occupation of the land while he is in the process of applying for an amendment to Local Planning Scheme No 6 to include “zoological gardens”. DPLH advised Mr Geappen that they will be removing expired term Lease J513741 from the Crown Land Title and amalgamating lot 302 into Reserve 52985 (as per Council resolution of 29 June 2017). Additionally, DPLH recommended Mr Geappen contact the Shire to discuss leasing arrangements.

 

Lot 303 on Deposited Plan 43435

Lot 303 on DP 43435 is subject to Land Administration Act Lease N1158298 in favour of Mr and Mrs Bird and due to expire 30 September 2025.  On 12 September 2017 DPLH wrote to Mr and Mrs Bird seeking feedback as to whether or not they would agree to the surrender of Lease N158298 and subsequently entering into a leasing agreement directly with the Shire (subject to Lot 303 being amalgamated into Reserve 52985).

 

Lot 500 on Deposited Plan 56050

Lot 500 on DP 56050, being the subject of the draft lease for Mr Madden, contains existing structures from when the subject land was managed by DPLH.  Mr Madden has requested the structures remain insitu and intends to make an application for retrospective approval to retain three of the structures for storage purposes.  The other structures will be removed by DPLH, and if retrospective approval is not received these structures will also be removed by DPLH.

 

Lot 501 on Deposited Plan 56050

Lot 501 on DP 56050 was previously subject to Land Administration Act Lease K221152 in favour of Steve Madden which expired on 31 May 2017 and is being held over until the creation of Camel Reserve 52985.

 

Mr Madden requested to relocate to Lot 500 as adjoining Lot 501was contaminated with Ironwood and Bellyache bush which both have adverse and potentially fatal effects to camels.  Shire officers have therefore been negotiating with Mr Madden in relation to a lease for Lot 500. Once his lease with DPLH has been relinquished for Lot 501, this lot will also form part of the reserve to be vested with the Shire.

 

Summary

 

Council’s intention is to have the four lots which have been subject to camel leases to be vested with the Shire as a reserve, over which the Shire can issue leases to the camel operators. The purpose of this is to facilitate the alignment of the camel leases with the camel trading licences for Cable Beach. At the present time, the Shire has the opportunity to secure three of the four lots within the reserve, and to issues leases to two of the camel tour operators.

                                                                                                       

It is requested that Council:

 

1.   Authorise the CEO to negotiate the final terms of the commercial lease between Stephen Madden and the Shire of Broome.

2.   Authorise the Shire President and Chief Executive Officer to engross the lease between Stephen Madden and the Shire of Broome on Portion of Reserve 52985 and that Council approves the affixation of the common seal where required on the lease agreement.

3.   Authorise the CEO to negotiate the final terms of the commercial lease between John Geappen and the Shire of Broome.

4.   Authorise the Shire President and Chief Executive Officer to engross the lease between John Geappen and the Shire of Broome on Portion of Reserve 52985 and that Council approves the affixation of the common seal where required on the lease agreement.

 

 

 

CONSULTATION

 

Herbert Smith Freehills

Stephen Madden

Opteon Property Group

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

3.58.  Disposing of property

(1)     In this section — 

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

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

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

(a)    the highest bidder at public auction; or

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

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

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

(i)      describing the property concerned;

(ii)     giving details of the proposed disposition; and

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

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

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

(a)     the names of all other parties concerned;

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

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

(5)     This section does not apply to — 

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

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

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

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

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

 

POLICY IMPLICATIONS

 

Policy 1.1.1

 

FINANCIAL IMPLICATIONS

 

The Shire will receive annual rents in line with the attached confidential valuation reports for the term of the lease.

 

The lease preparation costs are estimated at $2,500 + GST per lease which will be re-couped from the lessees.

 

RISK

 

The proposed lessees are long-term Camel Operators with a significant history of leasing through the State under similar terms. While some issues have been identified around the conduct of the leases, the strategy of linking the leases and licenses together should help to ensure compliance with both the camel lease and camel license.

 

In addition, with the Shire having direct control over the leases regular inspections and compliance checks will be implemented further reducing leasing risks.

 

STRATEGIC IMPLICATIONS

 

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

 

Participation in recreational and leisure activity

 

A healthy and safe environment

 

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

 

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

 

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

 

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

 

Affordable land for residential, industrial, commercial and community use

 

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

 

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

 

Responsible resource allocation

 

Effective community engagement

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:  

1.       Requests the Chief Executive Officer advertise, in accordance with section 3.58 (3) and (4) of the Local Government Act 1995, the proposal to Lease Lot 500 of Reserve 52985 to Stephen Madden until 30 September 2025 for the purpose of Camel Lease and at a rental of $24,000.00 per annum plus outgoings plus GST.

2.       If no submissions are received, authorises the Chief Executive Officer to negotiate the final terms of the new lease with Stephen Madden subject to:

          i) Consent of the Minister of Lands being obtained.

          (ii)The Lessee reimbursing the Shire of Broome for all legal and associated costs in preparing the Lease and during the Lease term including but not limited to advertising and surveying.

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

3.       Authorise the Shire President and Chief Executive Officer to engross the lease between Stephen Madden and the Shire of Broome on Portion of Reserve 52985 and that Council approves the affixation of the Common Seal where required on the lease agreement.

4.       Requests the Chief Executive Officer to advertise, in accordance with section 3.58 (3) and (4) of the Local Government Act 1995, the proposal to lease Lot 302 of Reserve 52985 to John Geappan until 30 September 2025 for the purpose of Camel Lease and commercial tourism purposes and at a rental of $24000.00 per annum plus outgoings plus GST.

5.       If no submissions are received, authorises the Chief Executive Officer to negotiate the final terms of the new lease with John Geappan subject to:

          i) Consent of the Minister of Lands being obtained.

          (ii)The Lessee reimbursing the Shire of Broome for all legal and associated costs in preparing the Lease and during the Lease term including but not limited to advertising and surveying.

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

6.       Authorise the Shire President and Chief Executive Officer to engross the lease between John Geappan and the Shire of Broome on Portion of Reserve 52985 and that Council approves the affixation of the Common Seal where required on the lease agreement.

 

 

Attachments

1.

New Reserve 52985

2.

Management Order

3.

Draft Lease (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)(ii)) as it contains “a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government”.

4.

Plans for Lot 500 & Lot 302

5.

Valuation Report - Lot 500 (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”.

  


Item 9.2.11 - CAMEL LEASES - LEASE AGREEMENTS FOR PORTIONS OF RESERVE 52985

 

 

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AgendaOrdinary Meeting of Council 28 September 2017                                                                   Page 742 of 743

 

 

9.2.12    COMMUNITY STORAGE FACILITY - APPLICANT APPROVAL AND AGREEMENT EXECUTION.

LOCATION/ADDRESS:                             PORTION OF RESERVE 42502, CABLE BEACH ROAD EAST, BROOME.

APPLICANT:                                              VARIOUS

FILE:                                                           LSS268

AUTHOR:                                                   Property and Leasing Senior Officer

CONTRIBUTOR/S:                                    Asset & Building Coordinator

RESPONSIBLE OFFICER:                           Director Infrastructure

DISCLOSURE OF INTEREST:                      NIL

DATE OF REPORT:                                    13 September 2017

 

SUMMARY:         This report requests Council to consider entering into ‘Storage Unit Agreements’ with several Not-for-Profit Organisations for use of the newly established Community Storage Facility on Portion of Reserve 42502 at the Broome Recreation and Aquatic Facility (BRAC).

 

 

BACKGROUND

 

Previous Considerations

 

OMC 15 August 2000                        Item 7.1

OMC 13 April 2006                             Item 9.4.7

OMC 18 December 2007                 Item 9.4.3

OMC 26 November 2009                 Item 9.4.5

OMC 28 October 2010                     Item 9.2.8

OMC 16 February 2012                     Item 9.1.2

OMC 27 February 2014                     Item 9.1.1

OMC 26 February 2015                     Item 9.1.2

SMC 10 June 2016                              Item 6.2.1

OMC 29 September 2016                 Item 9.1.4

 

On the 29 September 2016 Council Resolved to:

 

1.   Adopts the recommendation as contained in the confidential tender assessment report for tender 16-10 – Community Storage Facility.

2.   Notes the details of the successful tenderer will be available for public information in the Tender Register in accordance with Regulation 17 of the Local Government (Functions and General) Regulations 1996.

3.   Authorises the Shire President and Chief Executive Officer to engross the Contract Document.

 

Construction

Contracts were entered into with the successful tenderer on 1 November 2016 and building works commenced in January 2017.  The project was completed within budget in April 2017 with all keys handed over to the Shire of Broome in May 2017. The final design comprised a total of 16 storage bays ranging between 16.9sqm and 73.9sqm. Each storage bay has internal walls and lockable external roller doors.

 

 

See Attachment 1 – Floorplans & Layout

 

 

COMMENT

 

Following the leasing of units in the new facility to the four existing tenants of the Archer St Facility (Theatre Kimberley, Dragon Boat Club (Rotary), Shinju Matsuri Inc and North West Expo), expressions of interest (EOI) were sought from local not for profit organisations for the remaining space.  The EOI process was promoted by direct mail out, in the Broome Advertiser and on the Shire website.  An application form was developed outlining the following key criteria requirements for prospective tenants:

 

·    Is the applicant ‘not-for-profit’ (requirement under LotteryWest funding agreement).

·    What purpose does the applicant require storage for?

·    Does the applicant have access to any other storage facilities?

·    Does the organisation have the capacity to cover the annual fees and charges?

 

See Attachment 2 – Tenant Application Form

 

9 expressions of interest were received as per the following table. All applicants met the criteria and are recommended to be offered space in the facility.

 

Name of Applicant

Recommendation & Size

Annual Fee*

Kyle Andrew’s Foundation

#02 (20.1sqm)

$689.43

Marrugeku

#04 (19.7sqm)

$675.71

West Kimberley Junior Football Club

#05 (19.7sqm)

$675.71

Broome Soccer Association

#07 (16.9sqm)

$579.67

St. John Ambulance

#08 (34.7sqm)

$1,190.21

Wasamba

#10 (17.6sqm)

$603.68

Trendy Trash & Treasure

#12 (17.1sqm)

$586.53

Kimberley Stolen Generation

#13 (17.6sqm)

$603.68

Kimberley Community Legal Services

#16 (16.9sqm)

$579.67

 

See attachment 3 – Completed Application Forms

 

Rent

 

Under regulation 30(2)(b) of the Local Government (Functions and General) Regulations 1996, a disposition of property to organisations with objects of which are of a charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature, are an exempt disposition for the purposes of Section 3.58 of Local Government Act 1995.   All aforementioned applicants fall within this exemption.  Furthermore, the purpose of the LotteryWest funding was to ensure that Community Groups could access storage at minimal cost. 

 

As such, rental rates have been determined with this in mind.  The first year’s rent and charges have been based on two parts – (1) estimated annual outgoings and (2) a building renewal fund based on replacement costs over thirty years. These figures have been developed on a pro rata basis based on the tenant’s net lettable area (NLA).  Fees and charges will be reviewed on an annual basis.

 

Outgoings Year 1

Total Per annum

Per sqm

Insurance

$1,600.00

$3.80

Utilities

$1,000.00

$2.40

Maintenance Expenses

$1,000.00

$2.40

Total

$3,600.00

$8.60

 

Renewal fund (based on building life of 30 years)

$10,666.66

$25.70

 

 

Storage Unit

Size (sqm)

Outgoings Per year

Sinking Fund per year

Total Rent Per Year

1

73.9

$635.54

1876.18

$2,511.72

2

20.1

$172.86

516.57

$689.43

3

20.6

$177.16

529.42

$706.58

4

19.7

$169.42

506.29

$675.71

5

19.7

$169.42

506.29

$675.71

6

19.7

$169.42

506.29

$675.71

7

16.9

$145.34

434.33

$579.67

8

34.7

$298.42

891.79

$1,190.21

9

34.7

$298.42

891.79

$1,190.21

10

17.6

$151.36

452.32

$603.68

11

17.1

$147.06

439.47

$586.53

12

17.1

$147.06

439.47

$586.53

13

17.6

$151.36

452.32

$603.68

14

34.7

$298.42

891.79

$1190.21

15

34.7

$298.42

891.79

$1190.21

16

16.9

$145.34

434.33

$579.67

TOTAL

 

$3,575.02

$10,660.44

$14,235.46

 

 

User Agreements for Successful Applicants

 

First National Broome were engaged to draw up the user agreements for the Community Storage Facility. Key terms and conditions are contained in the attached draft agreement.

 

See attachment 4 – Storage Unit Agreements

 

Additional users

As the facility becomes more well known throughout the community it is recommended that a waiting list be adopted to fill any vacancies that become available for tenants that meet the criteria. A Delegation of Authority will be required to facilitate this process, providing power to the Chief Executive Officer to authorise leases at the facility. The Delegation will be prepared and presented to Council at a later stage.

 

CONSULTATION

 

First National Broome.

 

 

STATUTORY ENVIRONMENT

 

Local Government (Functions and General) Regulations 1996

30.     Dispositions of property to which section 3.58 of Act does not apply

      (1)     A disposition that is described in this regulation as an exempt disposition is excluded from the application of section 3.58 of the Act.

      (2)     A disposition of land is an exempt disposition if — 

                 (a)     the land is disposed of to an owner of adjoining land (in this paragraph called the transferee) and — 

                               (i)     its market value is less than $5 000; and

                              (ii)     the local government does not consider that ownership of the land would be of significant benefit to anyone other than the transferee;

                 (b)     the land is disposed of to a body, whether incorporated or not — 

                               (i)     the objects of which are of a charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature; and

                              (ii)     the members of which are not entitled or permitted to receive any pecuniary profit from the body’s transactions;

                 (c)     the land is disposed of to — 

                               (i)     the Crown in right of the State or the Commonwealth;

                              (ii)     a department, agency, or instrumentality of the Crown in right of the State or the Commonwealth; or

                             (iii)     another local government or a regional local government;

                 (d)     it is the leasing of land to an employee of the local government for use as the employee’s residence;

                 (e)     it is the leasing of land for a period of less than 2 years during all or any of which time the lease does not give the lessee the exclusive use of the land;

                   (f)     it is the leasing of land to a “medical practitioner” (as defined in section 3 of the Medical Act 1894) to be used for carrying on his or her medical practice; or

                 (g)     it is the leasing of residential property to a person.

   (2a)     A disposition of property is an exempt disposition if the property is disposed of within 6 months after it has been —

                 (a)     put out to the highest bidder at public auction, in accordance with section 3.58(2)(a) of the Act, but either no bid is made or any bid made does not reach a reserve price fixed by the local government;

                 (b)     the subject of a public tender process called by the local government, in accordance with section 3.58(2)(b) of the Act, but either no tender is received or any tender received is unacceptable; or

                 (c)     the subject of State wide public notice under section 3.59(4), and if the business plan referred to in that notice described the property concerned and gave details of the proposed disposition including —

                               (i)     the names of all other parties concerned;

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

                             (iii)     the market value of the disposition as ascertained by a valuation carried out not more than 12 months before the proposed disposition.

   (2b)     Details (see section 3.58(4) of the Act) of a disposition of property under subregulation (2a) must be made available for public inspection for at least 12 months from the initial auction or tender, as the case requires.

      (3)     A disposition of property other than land is an exempt disposition if — 

                 (a)     its market value is less than $20 000; or

                 (b)     it is disposed of as part of the consideration for other property that the local government is acquiring for a consideration the total value of which is not more, or worth more, than $50 000.

 

[Regulation 30 amended in Gazette 25 Feb 2000 p. 974‑5; 28 Apr 2000 p. 2041; 31 Mar 2005 p. 1055‑6.]

 

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

A summary of the financial implications follows in the table below.

 

Asset:

Community Storage Facility

Capital Expense

Lifecycle Cost (annually)

Remarks

Capital Expense

 

 

 

Renewal

$320,000

$10,667

2047 - Renewal of building assuming 30-year life

 

 

 

 

Budget Impact

 

 

 

Annual Maintenance and operating costs

 

$3,600

 

 

 

 

 

Revenue

 

Annual Income

 

Maintenance and operating expenses recouped

 

$3,575

Assuming full occupancy

Renewal Fund

 

$10,660

Assuming full occupancy

 

 

 

 

Net annual cost

 

$32

 

 

 

 

RISK

 

If formal Storage Usage Agreements are not entered into there is a risk that users would not comply with rules and would not pay the usage fees. A formal agreement mitigates this and helps to reduce the risk of rent default.

 

 There is a risk to the Shire that the renewal fund will not be sufficient to cover renewal costs at the end of the buildings likely useful life. This will be mitigated by actively managing tenancies to ensure occupancy remains close to 100%.

 

 

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

 

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

 

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

 

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

 

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

 

Affordable and equitable services and infrastructure

 

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

 

Responsible resource allocation

 

Effective community engagement

 

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:  

1.       Approve the following applicants as Users of the Community Storage Facility:

 

Name of Applicant

Recommendation & Size

Annual Rent

Kyle Andrew’s Foundation

#02 (20.1sqm)

$689.43

Marrugeku

#04 (19.7sqm)

$675.71

West Kimberley Junior Football Club

#05 (19.7sqm)

$675.71

Broome Soccer Association

#07 (16.9sqm)

$579.67

St. John Ambulance

#08 (34.7sqm)

$1,190.21

Wasamba

#10 (17.6sqm)

$603.68

Trendy Trash & Treasure

#12 (17.1sqm)

$586.53

Kimberley Stolen Generation

#13 (17.6sqm)

$603.68

Kimberley Community Legal Services

#16 (16.9sqm)

$579.67

 

2.       Authorises the Chief Executive Officer to engross all documents.

 

 

Attachments

1.

Layout and Floorplan

2.

Application Form

3.

Completed Applications

4.

Storage Unit Agreements

  


Item 9.2.12 - COMMUNITY STORAGE FACILITY - APPLICANT APPROVAL AND AGREEMENT EXECUTION.

 

 

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Item 9.2.12 - COMMUNITY STORAGE FACILITY - APPLICANT APPROVAL AND AGREEMENT EXECUTION.

 

 

Community Storage Facility Application Form:

Shire of Broome

Organisation Name:                       ______________________________________________________

Address:                                ______________________________________________________

                                                  ______________________________________________________

Contact Phone: _____________________ Email: ________________________________________

Name of Chairperson / President: ____________________________________________________

Is your organisation Not-for-profit?     Yes ¨                         No ¨

How long has your organisation been in operation: ______________________________________

What is the core service(s) of your organisation?_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

For what purpose does your organisation require storage? ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Does your organisation have access to any other storage facilities? Yes ¨      No ¨

What size storage unit would best meet your needs?

¨ 20sqm                   ¨ 16 sqm                  ¨ 34 sqm

Comment(s) more or less? ____________________________________________________________

Would your organisation be willing to share a storage bay with another organisation? ¨ Yes  ¨No

The fee is $34.30 per square metre per annum, paid annually in advance. Does your organisation have the capacity to absorb these expenses? Yes ¨  No ¨

Does your organisation require storage facilities for long term (12+ months) or short term (less than 12 months)? _______________________________________________________________________

 

Sign: _______________________ ______   Print Name: ____________________________________


Item 9.2.12 - COMMUNITY STORAGE FACILITY - APPLICANT APPROVAL AND AGREEMENT EXECUTION.

 

 

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Item 9.2.12 - COMMUNITY STORAGE FACILITY - APPLICANT APPROVAL AND AGREEMENT EXECUTION.

 

 

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9.3

 

Our Prosperity

 

clip_image002

 

PRIORITY STATEMENT

 

Our region has grown significantly over the past years in terms of population, economy and industry – this will continue!  Balancing ecological sustainability with economic growth and retaining the ‘look and feel’ of Broome and its environs are an ongoing challenge for the region.  Encouraging appropriate investment and business development opportunities to ensure a strong, diverse economic base is essential for community prosperity and the success of our future generations.

 

Focusing on developing clear pathways linking education with employment for our youth and the community at large is essential as we aim to retain our local people and continue to build a skilled and highly motivated workforce.

 

Business and Industry partnerships must be fostered to ensure sustainable economic growth is achieved, along with the provision of affordable and equitable services and infrastructure.  Ensuring development meets community needs and legislative requirements whilst creating close community relationships and enhancing our understanding of local heritage and cultural issues will continue to be a major focus.  The built environment must contribute to the economy, long term viability of the region and provide a quality lifestyle for all.


AgendaOrdinary Meeting of Council 28 September 2017                                                                   Page 766 of 767

 

 

9.3.1      RFT17-03 LEASE OF THE ROEBUCK BAY CARAVAN PARK

LOCATION/ADDRESS:                             91 Walcott St, Reserve 17132

APPLICANT:                                              Nil

FILE:                                                           17-03

AUTHOR:                                                   Special Projects Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Chief Executive Officer

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    12 September 2017

 

SUMMARY:           This report seeks Council’s consideration of submissions received for the Lease of the Roebuck Bay Caravan Park (RFT 17-03) and endorsement of the recommendation contained within the attached confidential evaluation report.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 26 February 2002                     Item 9.3.2

OMC 26 June 2002                            Item 9.1.5

OMC 15 March 2007                         Item 9.3.12

OMC 18 December 2007                 Item 9.4.4

OMC 10 April 2008                             Item 9.4.3

OMC 20 June 2013                            Item 9.2.8

OMC 24 July 2014                              Item 9.3.3

OMC 26 February 2015                     Item 9.2.10

OMC 30 April 2015                             Item 9.2.8

OMC 25 June 2015                            Item 9.3.1

OMC 27 August 2015                        Item 9.3.2

OMC 25 February 2016                     Item 9.3.1

OMC 30 June 2016                            Item 9.1.1

OMC 16 November 2016                  Item 9.4.1

OMC 30 March 2017                         Item 9.2.7

SMC 7 June 2017                                Item 6.4.1

OMC 27 July 2017                              Item 9.4.4

 

At the Ordinary Meeting of Council held on the 27 July 2017 Council resolved the following:

 

Council Resolution:

(Report Recommendation)

Moved: Cr D Male                                                    Seconded: Cr P Matsumoto

That Council:  

1.       Endorses the Request for Tender document as shown in Attachment 1 of this report and requests that the Chief Executive Officer advertise the Request for Tender documentation in accordance with Local Government (Functions and General) Regulation 1996.

2.       Endorses the draft Commercial Lease Terms as shown in Attachment 2 of this report for inclusion into the Request for Tender documentation for the Lease of the Roebuck Bay Caravan Park.

CARRIED UNANIMOUSLY 7/0

 

Shire officers, in conjunction with WALGA’s procurement services team, have since carried out the public advertising, tender close and evaluation phases. The evaluation report is provided for Council’s consideration (see attachment 1).

 

COMMENT

 

Council endorsed the RFT documents on 27 July 2017. The Request for Tender was advertised in the following ways:

·    Saturday 12 August2017 – The West Australian

·    Saturday 12 August2017 – WALGA’s TenderLink e-tendering Portal

·    Thursday 17 August 2017 – Shire’s administration and library notice boards

·    Thursday 17 August 2017 – The Broome Advertiser

 

A non-mandatory site visit was proposed on Tuesday 22 August 2017, however, WALGA received no RSVP’s for this site visit and as such it was not carried out.

 

The Request for Tender period closed on Tuesday 5 September 2017 and tenders were therefore open in accordance with the requirements of the Local Government (Functions and General) Regulation 1996 for a total of 19 days.

 

At the close of the tender period RFT17-03 received (three) 3 submissions.

 

The Shire of Broome engaged the Western Australian Local Government Association (WALGA) as its procurement consultant to ensure process integrity. The full tender selection panel is included below:

 

Name

Organisation

Tim Graffen

Shire of Broome

Peter McBride

Shire of Broome

Steve Harding

Shire of Broome

Amy Green

WALGA

 

 

CONSULTATION

 

Publicly advertised Tender

Ralston Bay Holdings – as the current lessee, Ralston Bay holdings were kept informed of the process and timelines, particularly with regard to the planned site visit.

 

STATUTORY ENVIRONMENT

 

Local Government (Functions and General) Regulations 1996 - Regulation 11

 

POLICY IMPLICATIONS

 

Procurement and assessment of Tenders has been undertaken in accordance with the following Shire of Broome Policies:

2.3.7 – Purchasing Policy

1.2.9 – Local Price Preference Policy

 

FINANCIAL IMPLICATIONS

 

It is proposed that the rental consideration be determined by the public tender process and as such is contained within the tender evaluation report (see attachment 1). Current annual rent is $342,305.11, which could be jeopardised if the new leasing arrangement is not resolved.

 

Herbert Smith Freehills were engaged to develop the draft Commercial Lease. Further costs are anticipated for legal fees to prepare the lease once the tender is awarded.

 

RISK

 

The Tender of the lease for the Roebuck Bay Caravan Park is required to ensure a new lease agreement is secured prior to the cessation of the current lease agreement on 31 December 2017. Delays in the procurement phase could impact the ability of Shire officers to have a signed lease agreement in place. The procurement services of WALGA have been engaged to ensure a smooth and transparent process is followed.

 

There is a financial risk to the Shire of Broome which is considered a Moderate risk, arising from the income the Shire receives from the Park being potentially compromised as the Shire looks to secure a new lease agreement.

 

There is a reputational risk to the Shire of Broome which is considered High which relates to the uncertainty felt by current permanent residents of the caravan park who believe they may be forced out under new management. Clarity around this issue has been included in the draft Commercial Lease.

 

STRATEGIC IMPLICATIONS  

 

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

 

Affordable services and initiatives to satisfy community need

 

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

 

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

 

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

 

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

 

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

 

Affordable and equitable services and infrastructure

 

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

 

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

 

Responsible resource allocation

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:  

1.       Adopts the recommendation as contained within the attached confidential Evaluation Panel Recommendation Report for Request for Tender 17-03 – Lease of the Roebuck Bay Caravan Park;

2.       Notes details of the successful tenderer will be available for public information in the Tender Register in accordance with Regulation 17 of the Local Government (Functions and General) Regulations 1996;

3.       Authorises the Chief Executive Officer to make minor variations; and

4.       Authorises the Shire President and Chief Executive Officer to engross the contract document.

 

Attachments

1.

RFT17-03 Recommendation Report (Confidential to Councillors and Directors Only)

This attachment is confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)(c) as it contains “a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting”, and section 5.23(2)((e)(i)) as it contains “a matter that if disclosed, would reveal a trade secret, where the trade secret is held by, or is about, a person other than the local government”, and section 5.23(2)((e)(ii)) as it contains “a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government”.

2.

RFT Supplementary Information (Confidential to Councillors and Directors Only)

This attachment is confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)(c) as it contains “a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting”, and section 5.23(2)((e)(i)) as it contains “a matter that if disclosed, would reveal a trade secret, where the trade secret is held by, or is about, a person other than the local government”, and section 5.23(2)((e)(ii)) as it contains “a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government”.

   


 

9.4

 

Our Organisation

 

IMG_1865

 

PRIORITY STATEMENT

 

Council will strive to create an environment where local governance is delivered in an open and accountable manner; where we provide leadership to the region in such areas as planning and financial management; where the community has the opportunity to contribute to the Council’s decision making thereby fostering ownership of strategies and initiatives.

 

In delivering open, accountable and inclusive governance, we will be ever mindful that we operate within a highly regulated environment that requires a high level of compliance.

 

Council will strive to be the conduit between the other spheres of government and the community, translating State and Federal law, policy and practice into customer focussed, on ground service delivery that support’s Broome’s unique lifestyle.

 

The Region is experiencing significant change with Council dedicated to sound governance, effective leadership and innovation, and high quality services.  Building organisational capacity is a priority with a commitment to delivering services to the community in a sustainable, effective and accountable way.


AgendaOrdinary Meeting of Council 28 September 2017                                                                   Page 771 of 772

 

 

9.4.1      MONTHLY PAYMENT LISTING - AUGUST 2017

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           FRE02

AUTHOR:                                                   Finance Officer - Creditors

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Corporate Services

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    1 September 2017

 

SUMMARY:         This report recommends that Council receives the list of payments made under delegated authority, as per the attachment to this report for the month of August 2017.

 

BACKGROUND

 

Previous Considerations

 

Nil

 

COMMENT

 

The Chief Executive Officer (CEO) has delegated authority to make payments from the Municipal and Trust funds in accordance with budget allocations.

 

The Shire provides payments to suppliers by either Electronic Funds Transfer (EFT), cheque, credit card or direct debit.

 

Attached is a list of all payments processed under delegated authority during the month of August 2017.

 

CONSULTATION

 

Nil

 

STATUTORY ENVIRONMENT

 

Local Government (Financial Management) Regulations 1996

13.     Payments from municipal fund or trust fund by CEO, CEO’s duties as to etc.

(1)     If the local government has delegated to the CEO the exercise of its power to make payments from the municipal fund or the trust fund, a list of accounts paid by the CEO is to be prepared each month showing for each account paid since the last such list was prepared —

(a)    the payee’s name;

(b)    the amount of the payment; and

(c)    the date of the payment; and

(d)    sufficient information to identify the transaction.

 

 

(2)     A list of accounts for approval to be paid is to be prepared each month showing —

(a)    for each account which requires council authorisation in that month —

(i)      the payee’s name; and

(ii)      the amount of the payment; and

(iii)     sufficient information to identify the transaction; and

(b)    the date of the meeting of the council to which the list is to be presented.

(3)     A list prepared under subregulation (1) or (2) is to be —

(a)    presented to the council at the next ordinary meeting of the council after the list is prepared; and

(b)    recorded in the minutes of that meeting.

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

List of payments made in accordance with budget and delegated authority.

 

RISK

 

The risk of Council not adopting this report is extreme as this will result in non-compliance with Regulation 13 of the Local Government (Financial Management) Regulations 1996. The likelihood of this ever occurring is rare due to the CEO’s implementation of procedures to ensure payment details are disclosed to Council in a timely manner, as well as Procurement and Purchasing policies which ensure these payments are made in accordance with budget and delegated authority and comply with Local Government (Financial Management) Regulations 1996.

 

STRATEGIC IMPLICATIONS 

 

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

 

An organisational culture that strives for service excellence

 

Responsible resource allocation

 

Effective community engagement

 

Improved systems, processes and compliance

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council receives the list of payments made from the Municipal and Trust Accounts in August 2017 totalling $3,912,370.92 (Attachment 1) in accordance with the requirements of Regulation 12 of the Local Government (Financial Management) Regulations 1996 covering:

•     EFT Vouchers 41653 – 42086 totalling $3,720,029.71;

•     Municipal Cheque Vouchers 57477 - 57480 totalling $4,224.99;

•     Trust Cheque Voucher 3437 totalling $337.89; and

•     Credit Card Payments & Municipal Direct Debits DD22879.1 – DD23034.23 totalling $187,778.33.

 

 

Attachments

1.

Payment Listing August 2017

  


Item 9.4.1 - MONTHLY PAYMENT LISTING - AUGUST 2017

 

 

 

Part 5. Division 4. Section 5.42 Delegation of some powers to CEO. Sub Section Finance

Management Regulation 12.

Each payment must show on a list the payees name, the amount of the payment, the date of

the payment and sufficient information to identify the transaction.

This report incorporates the Delegation of Authority (Administration Regulation 19)

PAYMENTS BY EFT & CHEQUE & FROM TRUST - AUGUST 2017

 

MUNICIPAL ELECTRONIC TRANSFER - AUGUST 2017

 

EFT

 Date

 Name

 Description

 Amount

Del Auth

EFT41653

03/08/2017

DEPT OF PLANNING, LANDS & HERITAGE

S91 License- Community Development

1,196.00

MFS

EFT41654

03/08/2017

BARCLAYS BUILDING SERVICES

BCITF fee refund due to overpayment

476.14

MFS

EFT41655

03/08/2017

SALARY & WAGES

Payroll S & W

225.00

MFS

EFT41656

03/08/2017

AUSTRALIAN TAXATION OFFICE

PAYG

103,588.48

MFS

EFT41657

03/08/2017

SALARY & WAGES

Payroll S & W

380.00

MFS

EFT41658

03/08/2017

SALARY & WAGES

Payroll S & W

750.00

MFS

EFT41659

03/08/2017

SALARY & WAGES

Payroll S & W

550.00

MFS

EFT41660

03/08/2017

SALARY & WAGES

Payroll S & W

500.00

MFS

EFT41661

03/08/2017

SALARY & WAGES

Payroll S & W

0.11

MFS

EFT41662

03/08/2017

SALARY & WAGES

Payroll S & W

364.00

MFS

EFT41663

03/08/2017

SALARY & WAGES

Payroll S & W

420.00

MFS

EFT41664

03/08/2017

SALARY & WAGES

Payroll S & W

667.21

MFS

EFT41665

03/08/2017

SALARY & WAGES

Payroll S & W

540.18

MFS

EFT41666

03/08/2017

SALARY & WAGES

Payroll S & W

790.33

MFS

EFT41667

03/08/2017

SALARY & WAGES

Payroll S & W

410.00

MFS

EFT41668

03/08/2017

SALARY & WAGES

Payroll S & W

175.00

MFS

EFT41669

03/08/2017

SALARY & WAGES

Payroll S & W

625.72

MFS

EFT41670

03/08/2017

SALARY & WAGES

Payroll S & W

372.90

MFS

EFT41671

03/08/2017

SALARY & WAGES

Payroll S & W

340.00

MFS

EFT41672

03/08/2017

SALARY & WAGES

Payroll S & W

549.52

MFS

EFT41673

03/08/2017

SALARY & WAGES

Payroll S & W

300.00

MFS

EFT41674

03/08/2017

SALARY & WAGES

Payroll S & W

662.65

MFS

EFT41675

03/08/2017

SALARY & WAGES

Payroll S & W

1,829.87

MFS

EFT41676

03/08/2017

SALARY & WAGES

Payroll S & W

485.27

MFS

EFT41677

03/08/2017

SALARY & WAGES

Payroll S & W

930.10

MFS

EFT41678

03/08/2017

SALARY & WAGES

Payroll S & W

540.00

MFS

EFT41679

03/08/2017

SALARY & WAGES

Payroll S & W

540.00

MFS

EFT41680

03/08/2017

SALARY & WAGES

Payroll S & W

1,182.02

MFS

EFT41681

03/08/2017

SALARY & WAGES

Payroll S & W

19.40

MFS

EFT41682

03/08/2017

SALARY & WAGES

Payroll S & W

301,411.00

MFS

EFT41683

03/08/2017

ALETTA JOYCE NUGENT

Reimbursement of expenses- Development & Community Services

74.34

MFS

EFT41684

03/08/2017

APRA

License fee- BRAC

326.27

MFS

EFT41685

03/08/2017

BOC LIMITED

Gas cylinder hire- BRAC & Depot

98.68

MFS

EFT41686

03/08/2017

BROOME PROGRESSIVE SUPPLIES

Consumables- Depot & BRAC

1,776.34

MFS

EFT41687

03/08/2017

BROOME SMALL MAINTENANCE SERVICES

Building maintenance- Property

476.00

MFS

EFT41688

03/08/2017

CHARIS BLOOMER

Bond refund- 2/33 Dalmatio

1,680.00

MFS

EFT41689

03/08/2017

COCA COLA AMATIL (HOLDINGS) LTD

Kiosk stock- BRAC

7,376.72

MFS

EFT41690

03/08/2017

CT MECHANICAL & SERVICES

Vehicle parts & repairs- WMF

1,012.00

MFS

EFT41691

03/08/2017

IGA - SEAVIEW

Daily newspaper- Library & Media

120.20

MFS

EFT41692

03/08/2017

IRIS CONSULTING GROUP P/L

Staff training- HR

1,920.00

MFS

EFT41693

03/08/2017

IT VISION

Training, license fee, Powerscan integration (RFQ 17-23), Rates contract- HR & Finance

24,119.84

MFS

EFT41694

03/08/2017

JOCASTA CRAVEN

Refund holiday program- BRAC

220.00

MFS

EFT41695

03/08/2017

LANDMARK OPERATIONS LTD

Fertilising Lawn Areas- P&G

496.35

MFS

EFT41696

03/08/2017

MNG P/L

Surveying (RFQ17-40 & RFQ16-61)- Infrastructure

16,418.60

MFS

EFT41697

03/08/2017

MIDALIA STEEL P/L

Works maintenance- Depot

423.62

MFS

EFT41698

03/08/2017

NATHAN ANTHONY REBESCO

Consultant expenses- Infrastructure

2,720.00

MFS

EFT41699

03/08/2017

OFFICE NATIONAL BROOME

Minor Assets, stationery, copier charges- Various Shire sites

1,570.51

MFS

EFT41700

03/08/2017

POOL WISDOM

Pool chemicals- BRAC

230.74

MFS

EFT41701

03/08/2017

REDWAVE MEDIA P/L

Radio advertising- Community & Economic Development

2,873.20

MFS

EFT41702

03/08/2017

SLATER & GARTRELL SPORTS

Equipment- BRAC

720.50

MFS

EFT41703

03/08/2017

TELSTRA

Phone charges

517.10

MFS

EFT41704

03/08/2017

TOXFREE

Waste removal services (RFT14-01)- Various Shire sites

159,880.28

MFS

EFT41705

03/08/2017

VIVA ENERGY AUSTRALIA

Fuel card purchases- Various Shire sites

128.40

MFS

EFT41706

04/08/2017

KOHWIN BIN SALI

T3402- Bond refund Civic Centre

1,006.02

MFS

EFT41707

04/08/2017

SHIRE OF BROOME

T3402- Bond refund Civic Centre

2,793.98

MFS

EFT41708

06/08/2017

ABBOTT & CO PRINTERS

Brochure printing- Nursery & Rates

1,049.77

MFS

EFT41709

06/08/2017

ALL WEST BUILDING APPROVALS P/L

Consultant expenses- Building

104.50

MFS

EFT41710

06/08/2017

AVERY AIRCONDITIONING P/L

Operating expense- WMF

1,394.25

MFS

EFT41711

06/08/2017

BITUMEN SEALING SERVICES P/L

Sealing works (RFT15/07)- Crab Creek Rd

88,399.08

MFS

EFT41712

06/08/2017

BRAINTREE COMMUNICATIONS P/L

EFTPOS transaction delivery service - WMF

48.21

MFS

EFT41713

06/08/2017

BROOME DIESEL & HYDRAULIC SERVICE

Vehicle parts- Workshop

63.20

MFS

EFT41714

06/08/2017

BROOME DOCTORS PRACTICE P/L

Vaccinations- HR

105.00

MFS

EFT41715

06/08/2017

BROOME PROGRESSIVE SUPPLIES

Refreshments & receptions- Office of the CEO

51.74

MFS

EFT41716

06/08/2017

BROOME SMALL MAINTENANCE SERVICES

Building maintenance- Civic Centre & Library

840.00

MFS

EFT41717

06/08/2017

CHADSON ENGINEERING P/L

Pool tablets- Development Services

162.25

MFS

EFT41718

06/08/2017

CT MECHANICAL & SERVICES

Vehicle repairs- WMF & P&G

462.00

MFS

EFT41719

06/08/2017

ELGAS LTD

Forklift replacement cylinder- Depot

57.70

MFS

EFT41720

06/08/2017

SUBLIME GRAPHIC DESIGN

Brochure design- Rates

135.00

MFS

EFT41721

06/08/2017

FOR EARTH P/L

Operating expense- WMF

8,448.00

MFS

EFT41722

06/08/2017

G. BISHOPS TRANSPORT SERVICES P/L

Freight- Depot

168.84

MFS

EFT41723

06/08/2017

HORIZON POWER

Electricity Charges

2,093.88

MFS

EFT41724

06/08/2017

INLAND STUDIO

Miscellaneous expenses- Property

165.00

MFS

EFT41725

06/08/2017

SALTY'S DIESEL MECHANICS

Vehicle maintenance- Workshop

3,221.00

MFS

EFT41726

06/08/2017

KGT Employment

Apprentice wages- Workshop

2,153.07

MFS

EFT41727

06/08/2017

KIMBERLEY PLUMBING & GAS

Plumbing works- Depot

255.90

MFS

EFT41728

06/08/2017

LANDMARK OPERATIONS LTD

Seed & materials- P&G & BRAC

1,950.10

MFS

EFT41729

06/08/2017

MERCURE HOTEL - PERTH

Staff accommodation- Office of the CEO

269.00

MFS

EFT41730

06/08/2017

NORTH WEST LOCKSMITHS

Key cutting- IT & Property

114.00

MFS

EFT41731

06/08/2017

PINDAN LABOUR SOLUTIONS P/L

Temporary Shire Staff- HR

4,832.04

MFS

EFT41732

06/08/2017

POOL WISDOM

Pool chemicals(RFQ 17/05)- BRAC

635.10

MFS

EFT41733

06/08/2017

PRINTSYNC DOCUMENT SOLUTIONS

Powerscan software(RFQ17-23)- IT

15,050.00

MFS

EFT41734

06/08/2017

RAECO

Operating expense- Library

337.38

MFS

EFT41735

06/08/2017

REPCO (EXEGO P/L)

Steering wheel cover- Workshop

24.70

MFS

EFT41736

06/08/2017

ROEBUCK TREE SERVICE

Tree removal- P&G

2,400.00

MFS

EFT41737

06/08/2017

STOTT & HOARE BUSINESS COMPUTERS

Equipment- IT

2,129.60

MFS

EFT41738

06/08/2017

SURF LIFE SAVING WESTERN AUSTRALIA

Lifeguard services (RFT16/03)- Development & Community Services

37,227.27

MFS

EFT41739

06/08/2017

TAPPED PLUMBING & GAS P/L

Plumbing works- Administration Office

1,400.30

MFS

EFT41740

06/08/2017

TENDERSPOT MEAT COMPANY

Catering CEO15- Office of the CEO

236.23

MFS

EFT41741

06/08/2017

THE WORKWEAR GROUP  (NNT)

Staff uniforms- HR

129.80

MFS

EFT41742

06/08/2017

TRADELINK PLUMBING SUPPLIES

Consumables- Depot

55.86

MFS

EFT41743

06/08/2017

TROPICAL UPHOLSTERY

Vehicle maintenance & repair- Works

187.00

MFS

EFT41744

06/08/2017

WALGA

WALGA Membership Fee- Corporate Services

42,963.10

MFS

EFT41745

07/08/2017

SHIRE OF BROOME

BCITF Commission July 17

24.75

MFS

EFT41747

07/08/2017

WATER CORPORATION

Water usage & service charges- Various Shire sites

20,458.94

MFS

EFT41748

07/08/2017

BUILDING COMMISSION - INC BCITF

BSL Levy July 2017

2,652.98

MFS

EFT41749

07/08/2017

SHIRE OF BROOME

BRB Commission July 17

70.00

MFS

EFT41750

10/08/2017

AARLI BAR

Catering Reconciliation Week- Economic Development

1,195.00

MFS

EFT41751

10/08/2017

ACMA

License maintenance- IT

44.00

MFS

EFT41752

10/08/2017

BP AUSTRALIA P/L

Diesel- Depot

18,498.15

MFS

EFT41753

10/08/2017

BRETTS PEST MANAGEMENT

Building maintenance- KRO1

128.00

MFS

EFT41754

10/08/2017

BROOME BETTA HOME LIVING

Function room 5L urn- Property

170.00

MFS

EFT41755

10/08/2017

BROOME FIRST NATIONAL REAL ESTATE

Rates refund due to overpayment for assessment A303424

755.06

MFS

EFT41756

10/08/2017

BROOME PROGRESSIVE SUPPLIES

Kiosk stock- BRAC

388.39

MFS

EFT41757

10/08/2017

BROOME SCOOTERS P/L

Minor tools- Depot

99.00

MFS

EFT41758

10/08/2017

BK CONTRACTING

Planning application refund- Planning

384.00

MFS

EFT41759

10/08/2017

COCA COLA AMATIL (HOLDINGS) LTD

Kiosk stock- BRAC

1,815.66

MFS

EFT41760

10/08/2017

HARDI AUSTRALIA P/L

Equipment parts- Depot

107.84

MFS

EFT41761

10/08/2017

HORIZON POWER

Electricity Charges

14,657.60

MFS

EFT41762

10/08/2017

IGA - SEAVIEW

Daily newspaper- Library & Media

121.70

MFS

EFT41764

10/08/2017

MARTIN JAMES SHUTTLEWORTH

Rates refund due to overpayment for assessment A305713

1,055.12

MFS

EFT41765

10/08/2017

RAMM SOFTWARE P/L

Annual support and maintenance fee- IT

9,556.47

MFS

EFT41766

10/08/2017

REDWAVE MEDIA P/L

Radio advertising- Civic Centre

642.40

MFS

EFT41767

10/08/2017

TERRITORY RURAL BROOME

Consumables- P&G

206.72

MFS

EFT41768

10/08/2017

WATERCHOICE (AUST) P/L

Minor assets- Property

130.00

MFS

EFT41769

10/08/2017

WEST AUSTRALIAN NEWSPAPERS

Advertising- Media & Civic Centre

3,732.36

MFS

EFT41770

10/08/2017

WILD MANGO CAFE

Catering- CEO's office

298.80

MFS

EFT41771

10/08/2017

ACOR CONSULTANTS (CC) P/L

Final professional fees (RFT14-03)- Conti Foreshore Drainage Upgrade

2,750.00

MFS

EFT41772

10/08/2017

CABLE BEACH ELECTRICAL SERVICE

Electrical maintenance- P&G

643.50

MFS

EFT41773

10/08/2017

CHAMBER OF COMMERCE & INDUSTRY OF WA

Membership fee- HR

3,958.20

MFS

EFT41774

10/08/2017

CITY OF SWAN

GIS labour service- IT

4,387.43

MFS

EFT41775

10/08/2017

CLARK EQUIPMENT SALES P/L

Vehicle parts- P&G

117.08

MFS

EFT41776

10/08/2017

CT MECHANICAL & SERVICES

Vehicle parts- WMF

1,122.00

MFS

EFT41777

10/08/2017

DANS QUALITY PAINTING & DECORATING P/L

Painting expenses- Building

1,914.00

MFS

EFT41778

10/08/2017

G. BISHOPS TRANSPORT SERVICES P/L

Freight- WMF & Depot

645.02

MFS

EFT41779

10/08/2017

GOOD EARTH GARDEN PRODUCTS P/L

Operating expenses- Nursery

473.00

MFS

EFT41780

10/08/2017

GREENHILLS TURF FARM

Materials- Works

277.00

MFS

EFT41781

10/08/2017

KIMBERLEY BROOME PEST CONTROL

Building maintenance- Library

176.00

MFS

EFT41782

10/08/2017

KIMBERLEY DISTRIBUTORS

Kiosk stock- BRAC

98.05

MFS

EFT41783

10/08/2017

KIMBERLEY FUEL & OIL SERVICES

Vehicle maintenance & repair- Workshop

346.50

MFS

EFT41784

10/08/2017

KIMBERLEY SECURITY SHREDDING

Stationery expenses- General administration

352.00

MFS

EFT41785

10/08/2017

LA BOITE THEATRE LTD

Production expenses- Civic Centre

523.13

MFS

EFT41786

10/08/2017

LANDMARK OPERATIONS LTD

Fertiliser- P&G

247.10

MFS

EFT41787

10/08/2017

MAJOR MOTORS P/L

Vehicle parts- Workshop

1,671.24

MFS

EFT41788

10/08/2017

MARKETFORCE

Recruitment expenses- HR

22.68

MFS

EFT41789

10/08/2017

MARLENE MATILDA STACK

Midnight Basketball Tournament Referee- BRAC

400.00

MFS

EFT41790

10/08/2017

NATHAN ANTHONY REBESCO

Consultant expenses- Infrastructure

480.00

MFS

EFT41791

10/08/2017

NORTH WEST COAST SECURITY

Security expenses(RFT 15/05)- Various Shire sites

7,443.16

MFS

EFT41792

10/08/2017

NORTHERN LANDSCAPES WA

Maintenance of perimeter fencing- WMF

836.00

MFS

EFT41793

10/08/2017

OFFICEMAX AUSTRALIA LTD

Paper & kitchen supplies- Administration Building

442.11

MFS

EFT41794

10/08/2017

PINDAN LABOUR SOLUTIONS P/L

Temporary Shire Staff- HR

5,826.53

MFS

EFT41795

10/08/2017

QUIC DIG P/L

Surveying- Crab Creek Rd Stage 2

506.00

MFS

EFT41796

10/08/2017

ROEBUCK BAY HOTEL

Bar stock- Civic Centre

755.15

MFS

EFT41797

10/08/2017

ROYAL LIFE SAVING SOCIETY - WA

Shire staff training- P&G

4,000.00

MFS

EFT41798

10/08/2017

SHIRE OF DERBY/WEST KIMBERLEY

Operating expenses- Kimberley Zone

3,300.00

MFS

EFT41799

10/08/2017

STAGECRAFT P/L

Building maintenance- Civic Centre

433.25

MFS

EFT41800

10/08/2017

STOTT & HOARE BUSINESS COMPUTERS

Toner- IT

937.20

MFS

EFT41801

10/08/2017

STREETER & MALE P/L

Line trimmer- P&G

68.38

MFS

EFT41802

10/08/2017

TAPPED PLUMBING & GAS P/L

Plumbing works- Various Shire sites

1,459.70

MFS

EFT41803

10/08/2017

TECHWEST SOLUTIONS

Microphone- BRAC

341.00

MFS

EFT41804

10/08/2017

TOTALLY WORKWEAR

Safety equipment- Depot

5,390.00

MFS

EFT41805

10/08/2017

WALGA

Shire Councillors training- Office of the CEO

1,130.00

MFS

EFT41806

11/08/2017

SARAH DOBSON

T3256- Staff housing bond refund

2,060.00

MFS

EFT41807

14/08/2017

ARBORGREEN LANDSCAPE PRODUCTS (NSW)

Root stop barrier & equipment- Depot

468.99

MFS

EFT41808

14/08/2017

HORIZON POWER

Electricity Charges

50,501.24

MFS

EFT41809

14/08/2017

KIMBERLEY WINDOWS DESIGNER BLINDS

Block out roller blinds- BRAC

1,124.20

MFS

EFT41810

14/08/2017

NOVOTEL LANGLEY HOTEL

Staff Accommodation- Community & Economic Development

383.70

MFS

EFT41811

14/08/2017

PROMOTIONAL EXPOSURE

Comedy Gold show deposit- Civic Centre

2,664.75

MFS

EFT41812

14/08/2017

TAPPED PLUMBING & GAS P/L

Plumbing works- Property

110.00

MFS

EFT41813

16/08/2017

WATER CORPORATION

Water usage & service charges- Various Shire sites

45,568.08

MFS

EFT41814

17/08/2017

APRA

APRA licence- Events

247.50

MFS

EFT41815

17/08/2017

AUSTRALIAN HARLEQUIN P/L

Operating expenses- Civic Centre

3,552.27

MFS

EFT41816

17/08/2017

AVERY AIRCONDITIONING P/L

Air Conditioning Maintenance- KRO2

206.25

MFS

EFT41817

17/08/2017

BITUMEN SEALING SERVICES P/L

Sealing (RFT 15/07) & materials- Works

55,957.78

MFS

EFT41818

17/08/2017

BROOME DOCTORS PRACTICE P/L

Recruitment expenses- HR

104.50

MFS

EFT41819

17/08/2017

BROOME SMALL MAINTENANCE SERVICES

Building maintenance- Cable Beach Ablutions

400.00

MFS

EFT41820

17/08/2017

DAVID GRAY & CO P/L

Security bin lock- Depot

1,254.00

MFS

EFT41821

17/08/2017

EDUCATIONAL EXPERIENCE

Operating expenses- BRAC

19.80

MFS

EFT41822

17/08/2017

ENVISIONWARE

License maintenance & Support- IT

524.54

MFS

EFT41823

17/08/2017

G. BISHOPS TRANSPORT SERVICES P/L

Freight- Depot

2,725.35

MFS

EFT41824

17/08/2017

HOLDFAST FLUID POWER NW P/L

Vehicle maintenance- Workshop

284.13

MFS

EFT41825

17/08/2017

HORIZON POWER

Electricity Charges

408.62

MFS

EFT41826

17/08/2017

LGIS

Various insurances (WALGA preferred)- Finance

73,354.05

MFS

EFT41827

17/08/2017

LGIS WA

Various insurances (WALGA preferred)- Finance

321,856.55

MFS

EFT41828

17/08/2017

METRO COUNT

Traffic counter- Infrastructure

4,581.50

MFS

EFT41829

17/08/2017

NORTHWEST HYDRO SOLUTIONS

Reticulation parts- Depot

395.06

MFS

EFT41830

17/08/2017

RAY WHITE BROOME

Deposit on acquisition of 69 Robinson St- Property

36,250.00

MFS

EFT41831

17/08/2017

TNT EXPRESS

Freight- Health

556.24

MFS

EFT41832

17/08/2017

TOTALLY WORKWEAR

Staff uniform- Depot

200.00

MFS

EFT41833

17/08/2017

TRAVELWORLD BROOME

Executive travel expenses- Community Development

161.70

MFS

EFT41834

17/08/2017

COCA COLA AMATIL (HOLDINGS) LTD

Kiosk stock- BRAC

147.05

MFS

EFT41835

17/08/2017

INFOCOUNCIL P/L

License renewal- IT

3,327.50

MFS

EFT41836

17/08/2017

KGT Employment

Apprentice wages- Workshop

1,578.32

MFS

EFT41837

17/08/2017

KIMBERLEY FUEL & OIL SERVICES

Operating expenses- Depot

1,338.48

MFS

EFT41838

17/08/2017

KIMBERLEY WASHROOM SERVICES

Cleaning- Shire various sites

900.00

MFS

EFT41839

17/08/2017

LACHLAN BIRCH PAINTING SERVICES

Building maintenance & Pearl Lugger upgrade- Library & Property

6,105.00

MFS

EFT41840

17/08/2017

LEADING EDGE COMPUTERS

Minor equipment- IT

143.80

MFS

EFT41841

17/08/2017

LINKS MODULAR SOLUTIONS

Annual fee (2017/18)- IT

3,583.80

MFS

EFT41842

17/08/2017

LOCAL HEALTH AUTHORITIES ANALYTICAL COMMITTEE

Analytical expenses- Health

4,262.75

MFS

EFT41843

17/08/2017

NORTH WEST COAST SECURITY

Security services- Civic Centre

2,204.40

MFS

EFT41844

17/08/2017

NORTH WEST LOCKSMITHS

Safety equipment- Infrastructure

880.00

MFS

EFT41845

17/08/2017

SECURITY & TECHNOLOGY SERVICES

Operating expenses- Works

132.00

MFS

EFT41846

17/08/2017

SHINJU MATSURI INC COMMITTEE

Shinju Matsuri & Acquisitive Art Prize sponsorship- Community Development

74,800.00

MFS

EFT41847

17/08/2017

SLATER & GARTRELL SPORTS

Sports equipment- BRAC

3,760.90

MFS

EFT41848

17/08/2017

T - QUIP

Vehicle parts- P&G

914.90

MFS

EFT41849

17/08/2017

THEATRE KIMBERLEY INC

School Holiday Program- BRAC

260.00

MFS

EFT41850

17/08/2017

TNT EXPRESS

Freight charges- Health & Workshop

154.07

MFS

EFT41851

17/08/2017

WOOLWORTHS LTD

Consumables- Cape Leveque Rd

82.38

MFS

EFT41852

17/08/2017

SALARY & WAGES

Payroll S & W

225.00

MFS

EFT41853

17/08/2017

AUSTRALIAN TAXATION OFFICE

PAYG

116,579.73

MFS

EFT41854

17/08/2017

SALARY & WAGES

Payroll S & W

380.00

MFS

EFT41855

17/08/2017

SALARY & WAGES

Payroll S & W

550.00

MFS

EFT41856

17/08/2017

SALARY & WAGES

Payroll S & W

500.00

MFS

EFT41857

17/08/2017

SALARY & WAGES

Payroll S & W

364.00

MFS

EFT41858

17/08/2017

SALARY & WAGES

Payroll S & W

420.00

MFS

EFT41859

17/08/2017

SALARY & WAGES

Payroll S & W

667.21

MFS

EFT41860

17/08/2017

SALARY & WAGES

Payroll S & W

540.18

MFS

EFT41861

17/08/2017

SALARY & WAGES

Payroll S & W

790.33

MFS

EFT41862

17/08/2017

SALARY & WAGES

Payroll S & W

410.00

MFS

EFT41863

17/08/2017

SALARY & WAGES

Payroll S & W

175.00

MFS

EFT41864

17/08/2017

SALARY & WAGES

Payroll S & W

289.29

MFS

EFT41865

17/08/2017

SALARY & WAGES

Payroll S & W

625.72

MFS

EFT41866

17/08/2017

SALARY & WAGES

Payroll S & W

372.90

MFS

EFT41867

17/08/2017

SALARY & WAGES

Payroll S & W

340.00

MFS

EFT41868

17/08/2017

SALARY & WAGES

Payroll S & W

549.52

MFS

EFT41869

17/08/2017

SALARY & WAGES

Payroll S & W

300.00

MFS

EFT41870

17/08/2017

SALARY & WAGES

Payroll S & W

0.10

MFS

EFT41871

17/08/2017

SALARY & WAGES

Payroll S & W

1,829.87

MFS

EFT41872

17/08/2017

SALARY & WAGES

Payroll S & W

957.55

MFS

EFT41873

17/08/2017

SALARY & WAGES

Payroll S & W

580.00

MFS

EFT41874

17/08/2017

SALARY & WAGES

Payroll S & W

520.00

MFS

EFT41875

17/08/2017

SALARY & WAGES

Payroll S & W

1,146.26

MFS

EFT41876

17/08/2017

SALARY & WAGES

Payroll S & W

19.40

MFS

EFT41877

17/08/2017

SALARY & WAGES

Payroll S & W

329,897.84

MFS

EFT41878

18/08/2017

AUSTRALIA POST

Postage Charges

5,960.33

MFS

EFT41879

18/08/2017

DEPT OF PLANNING, LANDS & HERITAGE

Operating expenses- WMF

550.00

MFS

EFT41880

18/08/2017

DINOSAUR COAST MANAGEMENT GROUP

Books- Library

150.00

MFS

EFT41881

18/08/2017

DONIX P/L

Rates refund due to overpayment for assessment A304071

20.00

MFS

EFT41882

18/08/2017

FRANCIS LEONARD  BOYLING

Reimbursement of expenses- Finance

3,385.29

MFS

EFT41883

18/08/2017

HARVEY NORMAN BROOME

Dishwasher- Staff housing

588.00

MFS

EFT41884

18/08/2017

MARLENE MATILDA STACK

Midnight Basketball tournament referee- BRAC

200.00

MFS

EFT41885

18/08/2017

PINDAN LABOUR SOLUTIONS P/L

Temporary Shire Staff- HR

3,466.67

MFS

EFT41886

18/08/2017

RAY WHITE BROOME

Rates refund due to overpayment for assessment A119057

641.00

MFS

EFT41887

18/08/2017

ROBERT GERALD RUSE

Rates refund due to overpayment for assessment A100784

16,000.00

MFS

EFT41888

23/08/2017

WATER CORPORATION

Water usage & service charges- Various Shire sites

14,687.20

MFS

EFT41889

23/08/2017

AAA ASPHALT

Material purchase- Works

3,476.00

MFS

EFT41890

23/08/2017

ACURIX NETWORKS P/L

Wi-Fi access service (2017/18)- Library

4,422.00

MFS

EFT41891

23/08/2017

AD ENGINEERING INTERNATIONAL P/L

Signage maintenance- Depot

528.00

MFS

EFT41892

23/08/2017

AVERY AIRCONDITIONING P/L

Airconditioning repairs- BRAC

275.00

MFS

EFT41893

23/08/2017

BEST KIMBERLEY COMPUTING

Copier charges & maintenance- IT

1,300.13

MFS

EFT41894

23/08/2017

BITUMEN SEALING SERVICES P/L

Urban reseal program (RFT15/07)- Infrastructure

62,725.04

MFS

EFT41895

23/08/2017

BP BROOME CENTRAL

Fuel for small equipment- Depot

295.80

MFS

EFT41896

23/08/2017

BRETTS PEST MANAGEMENT

Pest control- Property

150.00

MFS

EFT41897

23/08/2017

BROOME CLARK RUBBER

Pool maintenance- Staff housing

169.90

MFS

EFT41898

23/08/2017

BROOME DIESEL & HYDRAULIC SERVICE

Vehicle parts- Depot

248.90

MFS

EFT41899

23/08/2017

BROOME DOCTORS PRACTICE P/L

Recruitment expenses- HR

105.00

MFS

EFT41900

23/08/2017

BROOME MOTORS

Vehicle maintenance & repair- Workshop

930.85

MFS

EFT41901

23/08/2017

BROOME PROGRESSIVE SUPPLIES

Litter bags & kiosk stock- Depot & BRAC

1,310.45

MFS

EFT41902

23/08/2017

BROOME SCOOTERS P/L

Vehicle maintenance & repair- Workshop

533.00

MFS

EFT41903

23/08/2017

BROOME SMALL MAINTENANCE SERVICES

General maintenance- Building

291.00

MFS

EFT41904

23/08/2017

BROOME TOWING & SALVAGE

Impounding of vehicles- Rangers

176.00

MFS

EFT41905

23/08/2017

BROOMECRETE

Materials- P&G

4,536.62

MFS

EFT41906

23/08/2017

BT EQUIPMENT P/L

Vehicle parts- WMF

838.99

MFS

EFT41907

23/08/2017

BUNNINGS BROOME

Consumables, tools & equipment- Various Shire sites

2,781.16

MFS

EFT41908

23/08/2017

CABLE BEACH ELECTRICAL SERVICE

Electrical maintenance- P&G

302.50

MFS

EFT41909

23/08/2017

CABLE BEACH TYRE SERVICE P/L

Vehicle repairs- Workshop

5,185.00

MFS

EFT41910

23/08/2017

CARPET PAINT & TILE CENTRE

Repairs and maintenance- Property

606.65

MFS

EFT41911

23/08/2017

CHADSON ENGINEERING P/L

Pool chemicals- BRAC

194.15

MFS

EFT41912

23/08/2017

COAST & COUNTRY ELECTRICS

Electrical works- Various Shire sites

2,592.39

MFS

EFT41913

23/08/2017

COASTAL DISTRIBUTING & PROVEDORING

Kiosk stock- BRAC

602.33

MFS

EFT41914

23/08/2017

COATES HIRE OPERATIONS P/L

Portable toilet hire- Work for the Dole

514.03

MFS

EFT41915

23/08/2017

COCA COLA AMATIL (HOLDINGS) LTD

Operating expense- BRAC

249.94

MFS

EFT41916

23/08/2017

COLLIERS INTERNATIONAL

Advertising- Planning

203.50

MFS

EFT41917

23/08/2017

CONNOLLY HOMES P/L

Crossover Subsidy- 23/643 IBASCO CRES

515.00

MFS

EFT41918

23/08/2017

DAVID GRAY & CO P/L

Bin maintenance- Depot

741.40

MFS

EFT41919

23/08/2017

DEAN WILSON TRANSPORT P/L

Freight- BRAC

1,101.16

MFS

EFT41920

23/08/2017

FIELD AIR CONDITIONING & AUTO ELECTRICAL P/L

Vehicle parts & repairs- Various Shire sites

2,143.60

MFS

EFT41921

23/08/2017

FLOWERS ON SAVILLE STREET

Condolence flowers- Office of the CEO

150.00

MFS

EFT41922

23/08/2017

FOOTPRINT CLEANING

Cleaning services (RFQ17-02)- Various Shire sites

42,597.05

MFS

EFT41923

23/08/2017

HARVEY NORMAN BROOME

Smartphone- IT

498.00

MFS

EFT41924

23/08/2017

HEAD OFFICE LANDGATE

GRV & mining tenement schedules- Rates

739.85

MFS

EFT41925

23/08/2017

HERBERT SMITH FREEHILLS

Legal Expenses- Matter no: 82458032

49,273.99

MFS

EFT41926

23/08/2017

HILDRUN POLLARD

Swimming lessons refund- BRAC

28.00

MFS

EFT41927

23/08/2017

HORIZON POWER

Electricity Charges

1,490.01

MFS

EFT41928

23/08/2017

BLACKWOODS

Safety equipment & consumables- Depot

489.14

MFS

EFT41929

23/08/2017

BROOME BOLT SUPPLIES WA P/L

Tool Replacement & consumables- Depot

474.76

MFS

EFT41930

23/08/2017

BROOME TREE & PALM SERVICE

Equipment hire (mulching)- WMF

9,350.00

MFS

EFT41931

23/08/2017

KIMBERLEY CAMPING & OUTBACK SUPPLIES

Uniforms- Infrastructure

4,258.80

MFS

EFT41932

23/08/2017

KIMBERLEY DISTRIBUTORS

Kiosk stock- BRAC

384.90

MFS

EFT41933

23/08/2017

KIMBERLEY FUEL & OIL SERVICES

Transmission oil- Workshop

165.00

MFS

EFT41934

23/08/2017

KIMBERLEY GOLD PURE DRINKING WATER

Drinking water- Various Shire sites

467.00

MFS

EFT41935

23/08/2017

KIMBERLEY KERBS

Kerbing- Cable Beach Road East

4,342.80

MFS

EFT41936

23/08/2017

LACHLAN BIRCH PAINTING SERVICES

Painting expenses- Infrastructure

2,244.00

MFS

EFT41937

23/08/2017

LAIRD TRAN STUDIO

Survey expenses- Property

2,795.10

MFS

EFT41938

23/08/2017

MCCORRY BROWN EARTHMOVING P/L

Pindan (RFT16/07), plant hire & materials- Various Shire sites

86,535.66

MFS

EFT41939

23/08/2017

MCKENO BLOCKS & PAVERS

Road repairs & upgrade- Infrastructure

7,244.60

MFS

EFT41940

23/08/2017

MCMULLEN NOLAN GROUP P/L (MNG)

Pegging of new cemetery roads- Infrastructure

3,424.85

MFS

EFT41941

23/08/2017

NORTH WEST COAST SECURITY

Security services (RFT15-05)- Shire offices July 2017

7,443.16

MFS

EFT41942

23/08/2017

NORTHWEST HYDRO SOLUTIONS

Reticulation parts- Depot

5,119.60

MFS

EFT41943

23/08/2017

NORTHWEST SHEDMASTERS GARAGE DOORS P/L

Building renewal- Bush Fire Brigade

6,138.00

MFS

EFT41944

23/08/2017

NS PROJECTS P/L

Project management- BRAC Aquatic upgrade

1,089.00

MFS

EFT41945

23/08/2017

OFFICE NATIONAL BROOME

Repairs & stationery- Various Shire sites

696.92

MFS

EFT41946

23/08/2017

OFFICEMAX AUSTRALIA LTD

Stationery- Corporate services

3,121.25

MFS

EFT41947

23/08/2017

OHURA CONSULTING

Consultancy expenses- HR

88.00

MFS

EFT41948

23/08/2017

MAGIQ SOFTWARE P/L

Budget Management System (RFQ16-68)- Finance

3,015.10

MFS

EFT41949

24/08/2017

MAGIQ SOFTWARE P/L

Magiq software(RFQ16-68)- IT

11,541.31

MFS

EFT41950

24/08/2017

PAUL RONAN STANLEY

Rates refund due to overpayment for assessment A306177

2,449.11

MFS

EFT41951

24/08/2017

PEARL COAST GYMNASTICS CLUB INC

Kidsport applications- Club Development

242.00

MFS

EFT41952

24/08/2017

PEARL COAST INDUSTRIAL RAGS

Rags- Depot

263.40

MFS

EFT41953

24/08/2017

PERTH TACTILES

Materials- Depot

666.62

MFS

EFT41954

24/08/2017

PILA GROUP P/L

Goal posts- BRAC

8,382.00

MFS

EFT41955

24/08/2017

RAECO

Operating expenses- Library

138.63

MFS

EFT41956

24/08/2017

ROADLINE CIVIL CONTRACTORS

Urban Re-seal Traffic Management (WALGA preferred)- Works

8,753.25

MFS

EFT41957

24/08/2017

ROEBUCK BAY HOTEL

Corrugated Lines Prologue – Library

71.91

MFS

EFT41958

24/08/2017

RPM EQUIPMENT SUPPLIES & SERVICES

Repairs- Civic Centre

198.00

MFS

EFT41959

24/08/2017

SALLY EATON

Reimbursement of expenses- Library

713.70

MFS

EFT41960

24/08/2017

SECUREPAY P/L

Operational expenses- Civic Centre

19.80

MFS

EFT41961

24/08/2017

SIMON LEWIS PENN

Reimbursement of expenses- Media

190.00

MFS

EFT41962

24/08/2017

SPORTS STAR TROPHIES

Program annual events- BRAC

185.45

MFS

EFT41963

24/08/2017

SPORTSPOWER BROOME

Program costs- BRAC

800.00

MFS

EFT41964

24/08/2017

STOTT & HOARE BUSINESS COMPUTERS

Minor assets- IT

12,899.92

MFS

EFT41965

24/08/2017

STRATAGREEN

Material purchase- Nursery

478.25

MFS

EFT41966

24/08/2017

SUNNY SIGN COMPANY P/L

Signage maintenance- Depot

2,293.50

MFS

EFT41967

24/08/2017

SURF LIFE SAVING WESTERN AUSTRALIA

Provision of lifeguard services (RFT 16/03)- Sport

37,227.27

MFS

EFT41968

24/08/2017

TAPPED PLUMBING & GAS P/L

Plumbing works- Various Shire sites

662.20

MFS

EFT41969

24/08/2017

TECON AUSTRALIA P/L

Refund App. 11948 (Due to overpayment)

92.30

MFS

EFT41970

24/08/2017

THE LOCKUP

Governor visit catering- Office of the CEO

511.50

MFS

EFT41971

24/08/2017

TOXFREE

Waste removal services (RFT14-01)- Various Shire sites

5,968.30

MFS

EFT41972

24/08/2017

VORGEE P/L

Kiosk stock- BRAC

358.16

MFS

EFT41973

24/08/2017

WELDING SOLUTIONS

Welding Repairs- Infrastructure

278.30

MFS

EFT41974

24/08/2017

WALGA

Staff training- HR

35,000.00

MFS

EFT41975

24/08/2017

WILD MANGO CAFE

Catering- Office of the CEO

289.80

MFS

EFT41976

24/08/2017

WURTH AUSTRALIA P/L

Consumables- Depot

639.60

MFS

EFT41977

24/08/2017

AIR LIQUIDE AUSTRALIA LTD

Consumables- Workshop

24.84

MFS

EFT41978

24/08/2017

APPLE P/L

Equipment- IT

1,128.95

MFS

EFT41979

24/08/2017

BROOME BOWLING CLUB

Team building- Corporate Services

750.00

MFS

EFT41980

24/08/2017

BROOME FREIGHTLINES

Freight expense- WMF

1,375.00

MFS

EFT41981

24/08/2017

BROOME PLUMBING & GAS

Plumbing works- Museum & BRAC

605.00

MFS

EFT41982

24/08/2017

CENTURION TRANSPORT

Freight charges- Library

75.54

MFS

EFT41983

24/08/2017

COLES SUPERMARKETS

Consumables- Various Shire sites

869.30

MFS

EFT41984

24/08/2017

CWD P/L

Crossover Subsidies (7)- Various sites

3,605.00

MFS

EFT41985

24/08/2017

HORIZON POWER

Electricity Charges

10,924.57

MFS

EFT41986

24/08/2017

IGA - SEAVIEW

Daily Newspaper- Library & Media

60.10

MFS

EFT41987

24/08/2017

KOMATSU AUSTRALIA P/L

Vehicle parts- WMF

1,320.99

MFS

EFT41988

24/08/2017

LANDMARK OPERATIONS LTD

Fertiliser- P&G

170.61

MFS

EFT41989

24/08/2017

MARKETFORCE

Recruitment advertising & public notices- HR & Community Development

1,091.94

MFS

EFT41990

24/08/2017

MICHAEL PETER STEPHENS

Entertainment - Chinatown Revitalisation

1,250.00

MFS

EFT41991

24/08/2017

MIDALIA STEEL P/L

Materials- Depot

907.39

MFS

EFT41992

24/08/2017

NEVERFAIL SPRINGWATER LTD

Drinking water- Depot

303.70

MFS

EFT41993

24/08/2017

PINDAN LABOUR SOLUTIONS P/L

Temporary Shire staff- Various Shire sites

5,184.15

MFS

EFT41994

24/08/2017

REGAL TRANSPORT

Freight expenses- Workshop

176.89

MFS

EFT41995

24/08/2017

ROSMECH SALES & SERVICE P/L

Vehicle parts- Workshop

843.52

MFS

EFT41996

24/08/2017

SANDFIRE ROADHOUSE

Fuel expenses- Workshop

588.72

MFS

EFT41997

24/08/2017

STATE LIBRARY OF WA

Lost & damaged stock, program and materials- Library

3,360.00

MFS

EFT41998

24/08/2017

STEPHEN ANGOORLY

Live music- Civic Centre

250.00

MFS

EFT41999

24/08/2017

TERRITORY RURAL BROOME

Consumables- Depot

12,333.61

MFS

EFT42000

24/08/2017

VIVA ENERGY AUSTRALIA

Fuel card purchases

191.68

MFS

EFT42001

24/08/2017

ZIPFORM P/L

Rates billing printing & postage 2017/18- Rates

4,709.55

MFS

EFT42002

24/08/2017

BROOME FIRST NATIONAL REAL ESTATE

Staff & Community storage rent

15,587.80

MFS

EFT42003

24/08/2017

CHARTER PROPERTY GROUP P/L

Staff rent

2,607.14

MFS

EFT42004

24/08/2017

HUTCHINSON REAL ESTATE

Staff Rent

2,085.71

MFS

EFT42005

24/08/2017

KENNETH RAYMOND DONOHOE

Staff Rent

2,824.40

MFS

EFT42006

24/08/2017

MAX BERNARD GRAFFEN

Staff Rent

2,166.67

MFS

EFT42007

24/08/2017

PRD NATIONWIDE

Staff Rent

1,825.00

MFS

EFT42008

24/08/2017

RAY WHITE BROOME

Staff Rent

15,599.40

MFS

EFT42009

24/08/2017

RYAN & PAULA JACK

Staff Rent

3,128.57

MFS

EFT42010

25/08/2017

HORIZON POWER

Electricity charges

9,329.82

MFS

EFT42012

25/08/2017

NYAMBA BURU YAWURU LTD

Rates refund due to overpayment for various assessments

331,701.61

MFS

EFT42013

25/08/2017

OFFICE NATIONAL BROOME

Copier charges- IT

494.40

MFS

EFT42014

25/08/2017

PRD NATIONWIDE

Community Storage rent & Rates refund due to overpayment for assessment A112430

805.95

MFS

EFT42015

31/08/2017

12 MILE SHADE & CANVAS

Repair shade sails- P&G

561.00

MFS

EFT42016

31/08/2017

AMPAC DEBT RECOVERY WA P/L

Debt collection service charges (RFQ17/48)- Rates

121.00

MFS

EFT42017

31/08/2017

APPLE P/L

Equipment purchase- IT

1,549.00

MFS

EFT42018

31/08/2017

ARBORGREEN LANDSCAPE PRODUCTS (NSW)

Pruning saw- Depot

215.06

MFS

EFT42019

31/08/2017

BITUMEN SEALING SERVICES P/L

Resealing (RFT15-07)- Dora St & Blick Dv

46,460.50

MFS

EFT42020

31/08/2017

BROOME DIESEL & HYDRAULIC SERVICE

Vehicle parts- Workshop

26.20

MFS

EFT42021

31/08/2017

BROOME DOCTORS PRACTICE P/L

Recruitment expenses- P&G

214.50

MFS

EFT42022

31/08/2017

BROOME PLUMBING & GAS

Plumbing works- Property

245.00

MFS

EFT42023

31/08/2017

BROOME SCOOTERS P/L

Minor repairs- Depot

35.50

MFS

EFT42024

31/08/2017

BROOME SMALL MAINTENANCE SERVICES

Repairs and maintenance- KRO2

88.00

MFS

EFT42025

31/08/2017

BULLDOGS ELECTRICAL & MAINTENANCE

Reactive maintenance- Staff housing

495.00

MFS

EFT42026

31/08/2017

CT MECHANICAL & SERVICES

Plant maintenance & repairs- WMF

594.00

MFS

EFT42027

31/08/2017

DEPT OF SPORT & RECREATION

Refund of unexpended CPRP grant- BRAC

13,134.45

MFS

EFT42028

31/08/2017

DIRECTCOMMS P/L

Reservation service charges- Library

68.76

MFS

EFT42029

31/08/2017

EAST TO WEST DATA & ELECTRICAL SERVICES

Equipment maintenance- IT

1,487.99

MFS

EFT42030

31/08/2017

ELGAS LTD

Forklift LPG- Workshop

59.90

MFS

EFT42031

31/08/2017

FORPARK AUSTRALIA

Toddler swing- Nakamura Park

300.30

MFS

EFT42032

31/08/2017

G. BISHOPS TRANSPORT SERVICES P/L

Freight- Depot

173.88

MFS

EFT42033

31/08/2017

HOLDFAST FLUID POWER NW P/L

Vehicle maintenance & repair- Workshop

539.43

MFS

EFT42034

31/08/2017

HORIZON POWER

Electricity Charges

12,158.69

MFS

EFT42035

31/08/2017

JASON SIGNMAKERS

Urban street house numbers- Works

4,787.20

MFS

EFT42036

31/08/2017

KIMBERLEY BROOME PEST CONTROL

Pest treatments- BRAC

275.00

MFS

EFT42037

31/08/2017

KIMBERLEY FUEL & OIL SERVICES

Oil & lubricants- Depot

1,338.48

MFS

EFT42038

31/08/2017

KIMBERLEY SIGNS & DESIGNS

Signage- Depot

605.00

MFS

EFT42039

31/08/2017

COOLBINIA BOMBERS JUNIOR FOOTBALL CLUB INC

Kidsport applications- Club Development

600.00

MFS

EFT42040

31/08/2017

EASIFLEET MANAGEMENT

Refund insurance & Licence- Finance

465.40

MFS

EFT42041

31/08/2017

KGT Employment

Apprentice wages- Workshop

4,991.74

MFS

EFT42042

31/08/2017

LEADING EDGE COMPUTERS

Minor equipment- IT

549.00

MFS

EFT42043

31/08/2017

M P ROGERS & ASSOCIATES P/L

Consultation expenses- Infrastructure

1,121.63

MFS

EFT42044

31/08/2017

MARKETFORCE

Advertisement- Planning

311.50

MFS

EFT42045

31/08/2017

MCKENO BLOCKS & PAVERS

Materials- Works

264.00

MFS

EFT42046

31/08/2017

MERCURE HOTEL - PERTH

Shire staff accommodation- Corporate Services

3,565.50

MFS

EFT42047

31/08/2017

MICHAEL PETER STEPHENS

Entertainment- Chinatown Revitalisation

4,100.00

MFS

EFT42048

31/08/2017

NORTH WEST LOCKSMITHS

Staff housing reactive maintenance- Property

100.00

MFS

EFT42049

31/08/2017

NORTH WEST STRATA SERVICES

Levies- Staff Housing

566.25

MFS

EFT42050

31/08/2017

OHM ELECTRONICS

Vehicle parts- WMF

561.00

MFS

EFT42051

31/08/2017

OHURA CONSULTING

Remuneration review (RFQ17-19)- HR

19,976.00

MFS

EFT42052

31/08/2017

PEARL TOWN BUS SERVICE

Bus hire- BRAC 2 Beach fun run

150.00

MFS

EFT42053

31/08/2017

PINDAN LABOUR SOLUTIONS P/L

Temporary Shire staff- Infrastructure

1,608.11

MFS

EFT42054

31/08/2017

PMK WELDING & METAL FABRICATION

Vehicle maintenance & repair- Infrastructure

4,908.42

MFS

EFT42055

31/08/2017

POOL WISDOM

Pool chemicals- BRAC

181.28

MFS

EFT42056

31/08/2017

ST ANNE'S FLORIST

Get well flowers- Office of the CEO

148.00

MFS

EFT42057

31/08/2017

STOTT & HOARE BUSINESS COMPUTERS

Equipment maintenance & supplies- IT

220.66

MFS

EFT42058

31/08/2017

THE LOCKUP

Catering- Sister City Relations

682.00

MFS

EFT42059

31/08/2017

TOTALLY WORKWEAR

Safety equipment- Depot

5,618.80

MFS

EFT42060

31/08/2017

UNISITE P/L

Plumbing consumables- P&G

71.50

MFS

EFT42061

31/08/2017

WATER CORPORATION

Water usage & service charges- Various Shire sites

8,866.08

MFS

EFT42062

31/08/2017

SALARY & WAGES

Payroll S & W

225.00

MFS

EFT42063

31/08/2017

AUSTRALIAN TAXATION OFFICE

PAYG

112,860.78

MFS

EFT42064

31/08/2017

SALARY & WAGES

Payroll S & W

380.00

MFS

EFT42065

31/08/2017

SALARY & WAGES

Payroll S & W

720.00

MFS

EFT42066

31/08/2017

SALARY & WAGES

Payroll S & W

550.00

MFS

EFT42067

31/08/2017

SALARY & WAGES

Payroll S & W

500.00

MFS

EFT42068

31/08/2017

SALARY & WAGES

Payroll S & W

364.00

MFS

EFT42069

31/08/2017

SALARY & WAGES

Payroll S & W

420.00

MFS

EFT42070

31/08/2017

SALARY & WAGES

Payroll S & W

667.21

MFS

EFT42071

31/08/2017

SALARY & WAGES

Payroll S & W

540.18

MFS

EFT42072

31/08/2017

SALARY & WAGES

Payroll S & W

790.33

MFS

EFT42073

31/08/2017

SALARY & WAGES

Payroll S & W

410.00

MFS

EFT42074

31/08/2017

SALARY & WAGES

Payroll S & W

175.00

MFS

EFT42075

31/08/2017

SALARY & WAGES

Payroll S & W

450.00

MFS

EFT42076

31/08/2017

SALARY & WAGES

Payroll S & W

625.72

MFS

EFT42077

31/08/2017

SALARY & WAGES

Payroll S & W

372.90

MFS

EFT42078

31/08/2017

SALARY & WAGES

Payroll S & W

340.00

MFS

EFT42079

31/08/2017

SALARY & WAGES

Payroll S & W

549.52

MFS

EFT42080

31/08/2017

SALARY & WAGES

Payroll S & W

300.00

MFS

EFT42081

31/08/2017

SALARY & WAGES

Payroll S & W

1,325.30

MFS

EFT42082

31/08/2017

SALARY & WAGES

Payroll S & W

957.55

MFS

EFT42083

31/08/2017

SALARY & WAGES

Payroll S & W

1,139.06

MFS

EFT42084

31/08/2017

SALARY & WAGES

Payroll S & W

1,829.87

MFS

EFT42085

31/08/2017

SALARY & WAGES

Payroll S & W

19.40

MFS

EFT42086

31/08/2017

SALARY & WAGES

Payroll S & W

318,115.00

MFS

MUNICIPAL ELECTRONIC FUNDS TRANSFER TOTAL:

$3,720,029.71

 

 

 

 

MUNICIPAL CHEQUES - AUGUST 2017

EFT

Date

Name

Description

Amount

Del Auth

57477

06/08/2017

SHIRE OF BROOME

Petty cash- Library

96.15

MFS

57478

17/08/2017

DEPT OF TRANSPORT

Shire of Broome plates- General Administration

200.00

MFS

57479

17/08/2017

SHIRE OF BROOME

Petty cash- BRAC

77.75

MFS

57480

24/08/2017

DEPT OF LOCAL GOVERNMENT & COMMUNITIES

Rates refund due to overpayment for assessment A303542

3851.09

MFS

MUNICIPAL CHEQUES TOTAL:

$4,224.99

 

 

 

 

TRUST CHEQUES - AUGUST 2017

Cheque

Date

Name

Description

Amount

Del Auth

3437

07/08/2017

BUILDING & CONSTRUCTION INDUSTRY TRAINING FUND

BCITF Levy July 2017

337.89

MFS

TRUST CHEQUES TOTAL:

$337.89

 

 

 

MUNICIPAL DIRECT DEBIT/CREDIT CARD PAYMENTS – AUGUST 2017

DD#

Date

Name

Description

Amount

Del Auth

DD22879.1

01/08/2017

SUPERANNUATION

Superannuation contributions

56,058.54

MFS

DD22879.2

01/08/2017

SUPERANNUATION

Superannuation contributions

459.04

MFS

DD22879.3

01/08/2017

SUPERANNUATION

Superannuation contributions

419.75

MFS

DD22879.4

01/08/2017

SUPERANNUATION

Superannuation contributions

1,004.01

MFS

DD22879.5

01/08/2017

SUPERANNUATION

Superannuation contributions

213.07

MFS

DD22879.6

01/08/2017

SUPERANNUATION

Superannuation contributions

314.76

MFS

DD22879.7

01/08/2017

SUPERANNUATION

Superannuation contributions

270.44

MFS

DD22879.8

01/08/2017

SUPERANNUATION

Superannuation contributions

303.79

MFS

DD22879.9

01/08/2017

SUPERANNUATION

Superannuation contributions

324.93

MFS

DD22910.1

15/08/2017

TOYOTA FINANCIAL SERVICES AUSTRALIA

Vehicle lease (RFQ16-90)- Chinatown redevelopment

450.23

MFS

DD22958.1

15/08/2017

SALARY & WAGES

Payroll S & W

485.27

MFS

DD22960.1

15/08/2017

SUPERANNUATION

Superannuation contributions

56,715.41

MFS

DD22960.2

15/08/2017

SUPERANNUATION

Superannuation contributions

618.22

MFS

DD22960.3

15/08/2017

SUPERANNUATION

Superannuation contributions

270.81

MFS

DD22960.4

15/08/2017

SUPERANNUATION

Superannuation contributions

419.75

MFS

DD22960.5

15/08/2017

SUPERANNUATION

Superannuation contributions

923.66

MFS

DD22960.6

15/08/2017

SUPERANNUATION

Superannuation contributions

314.76

MFS

DD22960.7

15/08/2017

SUPERANNUATION

Superannuation contributions

419.54

MFS

DD22960.8

15/08/2017

SUPERANNUATION

Superannuation contributions

316.10

MFS

DD22960.9

15/08/2017

SUPERANNUATION

Superannuation contributions

324.93

MFS

DD22981.1

02/08/2017

FINES ENFORCEMENT REGISTRY

Fines enforcement registry fee- Rangers

2,065.00

MFS

DD23017.1

20/07/2017

SALARY & WAGES

Payroll S & W (July)

485.27

MFS

DD23017.2

03/08/2017

SALARY & WAGES

Payroll S & W

485.27

MFS

DD23034.1

29/08/2017

SUPERANNUATION

Superannuation contributions

1,260.12

MFS

DD23034.2

29/08/2017

SUPERANNUATION

Superannuation contributions

617.99

MFS

DD23034.3

29/08/2017

SUPERANNUATION

Superannuation contributions

289.85

MFS

DD23034.4

29/08/2017

SUPERANNUATION

Superannuation contributions

419.75

MFS

DD23034.5

29/08/2017

SUPERANNUATION

Superannuation contributions

973.89

MFS

DD23034.6

29/08/2017

SUPERANNUATION

Superannuation contributions

314.76

MFS

DD23034.7

29/08/2017

SUPERANNUATION

Superannuation contributions

342.84

MFS

DD23034.8

29/08/2017

SUPERANNUATION

Superannuation contributions

324.93

MFS

DD23034.9

29/08/2017

SUPERANNUATION

Superannuation contributions

1,070.04

MFS

DD23036.1

31/08/2017

SALARY & WAGES

Payroll S & W

485.27

MFS

DD23079.1

31/08/2017

QANTAS AIRWAYS LTD

Shire staff & consultant flights- Various Shire Departments

3,597.94

MFS

DD23079.2

31/08/2017

VIRGIN AUSTRALIA

Shire staff flights- Corporate Services

356.58

MFS

DD23079.4

31/08/2017

FACEBOOK

Facebook promotion- Media & Civic Centre

188.35

MFS

DD23079.5

31/08/2017

ENVIRONMENTAL HEALTH AUSTRALIA (WA) INC

Corporate membership- Health

1,246.66

MFS

DD23079.6

31/08/2017

THE BOAB TREE

Taiji delegation gifts- Office of the CEO

67.50

MFS

DD23079.7

31/08/2017

WEBJET

Shire staff flights- Workshop

1,292.92

MFS

DD22879.10

01/08/2017

SUPERANNUATION

Superannuation contributions

838.17

MFS

DD22879.11

01/08/2017

SUPERANNUATION

Superannuation contributions

379.78

MFS

DD22879.12

01/08/2017

SUPERANNUATION

Superannuation contributions

2,208.40

MFS

DD22879.13

01/08/2017

SUPERANNUATION

Superannuation contributions

753.57

MFS

DD22879.14

01/08/2017

SUPERANNUATION

Superannuation contributions

344.32

MFS

DD22879.15

01/08/2017

SUPERANNUATION

Superannuation contributions

456.73

MFS

DD22879.16

01/08/2017

SUPERANNUATION

Superannuation contributions

307.04

MFS

DD22879.17

01/08/2017

SUPERANNUATION

Superannuation contributions

283.67

MFS

DD22879.18

01/08/2017

SUPERANNUATION

Superannuation contributions

600.74

MFS

DD22879.19

01/08/2017

SUPERANNUATION

Superannuation contributions

682.16

MFS

DD22879.20

01/08/2017

SUPERANNUATION

Superannuation contributions

647.55

MFS

DD22879.21

01/08/2017

SUPERANNUATION

Superannuation contributions

2,121.53

MFS

DD22879.22

01/08/2017

SUPERANNUATION

Superannuation contributions

799.05

MFS

DD22879.23

01/08/2017

SUPERANNUATION

Superannuation contributions

1,260.12

MFS

DD22879.24

01/08/2017

SUPERANNUATION

Superannuation contributions

210.24

MFS

DD22960.10

15/08/2017

SUPERANNUATION

Superannuation contributions

1,301.91

MFS

DD22960.11

15/08/2017

SUPERANNUATION

Superannuation contributions

379.78

MFS

DD22960.12

15/08/2017

SUPERANNUATION

Superannuation contributions

2,193.00

MFS

DD22960.13

15/08/2017

SUPERANNUATION

Superannuation contributions

1,142.13

MFS

DD22960.14

15/08/2017

SUPERANNUATION

Superannuation contributions

344.32

MFS

DD22960.15

15/08/2017

SUPERANNUATION

Superannuation contributions

228.37

MFS

DD22960.16

15/08/2017

SUPERANNUATION

Superannuation contributions

291.19

MFS

DD22960.17

15/08/2017

SUPERANNUATION

Superannuation contributions

283.67

MFS

DD22960.18

15/08/2017

SUPERANNUATION

Superannuation contributions

600.74

MFS

DD22960.19

15/08/2017

SUPERANNUATION

Superannuation contributions

682.16

MFS

DD22960.20

15/08/2017

SUPERANNUATION

Superannuation contributions

2,117.60

MFS

DD22960.21

15/08/2017

SUPERANNUATION

Superannuation contributions

875.76

MFS

DD22960.22

15/08/2017

SUPERANNUATION

Superannuation contributions

1,260.12

MFS

DD22960.23

15/08/2017

SUPERANNUATION

Superannuation contributions

462.88

MFS

DD22960.24

15/08/2017

SUPERANNUATION

Superannuation contributions

238.65

MFS

DD23034.10

29/08/2017

SUPERANNUATION

Superannuation contributions

379.78

MFS

DD23034.11

29/08/2017

SUPERANNUATION

Superannuation contributions

2,246.03

MFS

DD23034.12

29/08/2017

SUPERANNUATION

Superannuation contributions

1,106.80

MFS

DD23034.13

29/08/2017

SUPERANNUATION

Superannuation contributions

344.32

MFS

DD23034.14

29/08/2017

SUPERANNUATION

Superannuation contributions

222.03

MFS

DD23034.15

29/08/2017

SUPERANNUATION

Superannuation contributions

283.67

MFS

DD23034.16

29/08/2017

SUPERANNUATION

Superannuation contributions

17,006.39

MFS

DD23034.17

29/08/2017

SUPERANNUATION

Superannuation contributions

570.62

MFS

DD23034.18

29/08/2017

SUPERANNUATION

Superannuation contributions

682.16

MFS

DD23034.19

29/08/2017

SUPERANNUATION

Superannuation contributions

2,389.05

MFS

DD23034.20

29/08/2017

SUPERANNUATION

Superannuation contributions

799.05

MFS

DD23034.21

29/08/2017

SUPERANNUATION

Superannuation contributions

586.16

MFS

DD23034.22

29/08/2017

SUPERANNUATION

Superannuation contributions

240.53

MFS

DD23034.23

29/08/2017

SUPERANNUATION

Superannuation contributions

114.45

MFS

MUNICIPAL DIRECT DEBIT TOTAL:

$187,778.33

MUNICIPAL ELECTRONIC TRANSFER TOTAL

$3,720,029.71

MUNICIPAL CHEQUES TOTAL

$4,224.99

TRUST CHEQUE TOTAL

$337.89

MUNICIPAL DIRECT DEBIT/ CREDIT CARD TOTAL

$187,778.33

TOTAL PAYMENTS - AUGUST 2017

$3,912,370.92

Key for Delegation of Authority:

CEO

Chief Executive Officer

MFS

Manager Financial Services

DCS

Director Corporate Services

 


AgendaOrdinary Meeting of Council 28 September 2017                                                                   Page 797 of 798

 

 

9.4.2      MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT AUGUST 2017

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           FRE02

AUTHOR:                                                   Manager Financial Services

CONTRIBUTOR/S:                                    Senior Finance Officer

RESPONSIBLE OFFICER:                           Director Corporate Services

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    11 September 2017

 

SUMMARY:         Council is required by legislation to consider and adopt the Monthly Statement of Financial Activity Report for the period ended 31 August 2017, as required by Regulation 34(1) of the Local Government (Financial Management) Regulations 1996 (FMR).

Council is further provided with a General Fund Summary of Financial Activity (Schedules 2 to 14) which provides comprehensive information on Council’s operations by Function and Activity.

 

 

BACKGROUND

 

Previous Considerations

 

Council is provided with the Monthly Financial Activity Report which has been developed in line with statutory reporting standards and provides Council with a holistic overview of the operations of the Shire of Broome.

 

Supplementary information has been provided in the form of Notes to the Monthly Report and a General Fund Summary of Financial Activity, which discloses Council’s Revenue and Expenditure in summary form, by Programme (Function and Activity).

 

Disclosure and supply of appropriate explanations for variances presented in the Statement of Financial Activity, is mandatory under FMR 34(2)(b) as stated in Policy 2.1.1 Materiality in Financial Reporting.

 

FMR 34(5) requires a local government to adopt a percentage or value, calculated in accordance with the Australian Accounting Standards (AAS) and Council’s adopted risk management matrix thresholds, to be used in statements of financial activity for reporting material variances.

 

 

COMMENT

 

The 2017/2018 Annual Budget was adopted at the Ordinary Meeting of Council on 29 June 2017.

 

The following are key indicators supporting the year to-date budget position with respect to the Annual Forecast Budget:

 

Budget Year elapsed                       16.99%

Total Rates Raised Revenue            100% (of which 59.09% has been collected)

Total Other Operating Revenue     34%

Total Operating Expenditure           14%

Total Capital Revenue                     2%   

Total Capital Expenditure                4%

Total Sale of Assets Revenue           0%

 

More detailed explanations of variances are contained in Note 2 of the Monthly Statement of Financial Activity. The commentary identifies material variations between the expected year-to-date budget position and the position at the reporting date.

 

Based on the 2017/2018 Annual Budget presented at the Ordinary Meeting of Council on 29 June 2017, Council adopted a balanced budget to 30 June 2018.

 

It should be noted that the Shire of Broome is currently in the process of preparing its Annual Financial Statements. This requires several processes to occur which can affect the Shire’s end-of-year financial position. As these processes are underway, the financial position presented in this report cannot be relied upon as the final position for the Shire of Broome. The final position for the Shire of Broome will be presented to Council as part of the Annual Financial Statements at a later date.

 

CONSULTATION

 

Nil

 

STATUTORY ENVIRONMENT

 

Local Government (Financial Management) Regulations 1996

 

34. Financial activity statement report — s. 6.4

(1A)       In this regulation —

“committed assets” means revenue unspent but set aside under the annual budget for a specific purpose.

 

(1)          A local government is to prepare each month a statement of financial activity reporting on the sources and applications of funds, as set out in the annual budget under regulation 22(1)(d), for that month in the following detail —

(a)         annual budget estimates, taking into account any expenditure incurred for an additional purpose under section 6.8(1)(b) or (c);

(b)         budget estimates to the end of the month to which the statement relates;

(c)         actual amounts of expenditure, revenue and income to the end of the month to which the statement relates;

(d)         material variances between the comparable amounts referred to in paragraphs (b) and (c); and

(e)         the net current assets at the end of the month to which the statement relates

 

(2)         Each statement of financial activity is to be accompanied by documents containing —

(a)        an explanation of the composition of the net current assets of the month to which the statement relates, less committed assets and restricted assets;

(b)        an explanation of each of the material variances referred to in subregulation (1)(d); and

(c)         such other supporting information as is considered relevant by the local government.

 

(3)          The information in a statement of financial activity may be shown —

(a)          according to nature and type classification;

(b)          by program; or

(c)          by business unit.

 

(4)          A statement of financial activity, and the accompanying documents referred to in subregulation (2), are to be —

(a)         presented at an ordinary meeting of the council within 2 months after the end of the month to which the statement relates; and

(b)         recorded in the minutes of the meeting at which it is presented.

 

(5)        Each financial year, a local government is to adopt a percentage or value, calculated in accordance with the AAS, to be used in statements of financial activity for reporting material variances.

 

Local Government Act 1995

 

6.8. Expenditure from municipal fund not included in annual budget

(1)         A local government is not to incur expenditure from its municipal fund for an additional purpose except where the expenditure —

(a)         is incurred in a financial year before the adoption of the annual budget by the local government;

(b)         is authorised in advance by resolution*; or

(c)         is authorised in advance by the mayor or president in an emergency.

* Absolute majority required.

 

(1a)        In subsection (1) —

“additional purpose” means a purpose for which no expenditure estimate is included in the local government’s annual budget.

 

(2)          Where expenditure has been incurred by a local government —

(a)        pursuant to subsection (1)(a), it is to be included in the annual budget for that financial year; and

(b)        pursuant to subsection (1)(c), it is to be reported to the next ordinary meeting of the council.

 

POLICY IMPLICATIONS

 

2.1.1 Materiality in Financial Reporting

 

FINANCIAL IMPLICATIONS

 

The adoption of the Monthly Financial Report is retrospective.  Accordingly, the financial implications associated with adopting the Monthly Financial Report are nil.

 

RISK

 

The Financial Activity report is presented monthly and provides a retrospective picture of the activities at the Shire. Contained within the report is information pertaining to the financial cost and delivery of strategic initiatives and key projects.

 

In order to mitigate the risk of budget over-runs or non-delivery of projects, the Chief Executive Officer has implemented internal control measures such as regular Council and management reporting and the quarterly FACR process to monitor financial performance against budget estimates. Materiality reporting thresholds have been established at half the adopted Council levels, which equate to $5,000 for operating budget line items and $10,000 for capital items, to alert management prior to there being irreversible impacts.

 

It should also be noted that there is an inherent level of risk of misrepresentation of the financials through either human error or potential fraud. The establishment of control measures through a series of efficient systems, policies and procedures, which fall under the responsibility of the CEO as laid out in the Local Government (Financial Management Regulations) 1996 regulation 5, seek to mitigate the possibility of this occurring. These controls are set in place to provide daily, weekly and monthly checks to ensure that the integrity of the data provided is reasonably assured.

STRATEGIC IMPLICATIONS 

 

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

 

Affordable and equitable services and infrastructure

 

Affordable land for residential, industrial, commercial and community use

 

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

 

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

 

An organisational culture that strives for service excellence

 

Sustainable and integrated strategic and operational plans

 

Responsible resource allocation

 

Effective community engagement

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:  

1.       Adopts the Monthly Financial Activity Report for the period ended 31 August 2017; and

2.       Receives the General Fund Summary of Financial Activity (Schedules 2-14) for the period ended 31 August 2017.

 

Attachments

1.

2017-18 Monthly Activity Statement - August 2017

2.

Summary Schedule and Schedule 3-14

  


Item 9.4.2 - MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT AUGUST 2017

 

 

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AgendaOrdinary Meeting of Council 28 September 2017                                                                   Page 910 of 911

 

 

9.4.3      AMENDMENT TO DELEGATIONS FROM COUNCIL AND ADOPTION OF AUTHORISATIONS

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           ARE05

AUTHOR:                                                   Manager Governance

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Corporate Services

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    13 September 2017

 

SUMMARY:         This report proposes to withdraw:

·    Delegation LGA3 – Applications to Main Roads WA for the Installation of Regulatory Signs

·    Delegation CPCA1 – Administering the Caravan Parks and Camping Act 1995

·    Delegation LCA1 – Liquor Control Act 1988 – Certificate of Local Government – Compliance with Health and Building Laws

·    Delegation LCA2 – Liquor Licensing Extended Trading Permits

and replace them with Authorisations by Council which will enable these functions to still be performed by the Administration.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 19 March 2009                              Item 9.1.2

OMC 18 March 2010                              Item 9.1.1

OMC 17 March 2011                              Item 9.1.2

OMC 15 March 2012                              Item 9.4.4

OMC 20 June 2013                                 Item 9.4.4

OMC 27 March 2014                              Item 9.4.4

OMC 18 December 2014                      Item 9.4.2

OMC 31 March 2016                              Item 9.4.4

OMC 23 February 2017                          Item 9.4.6

 

A detailed examination of the Shire’s Delegation Register is currently being conducted to assess currency, operational requirements and legislative compliance.

 

 

COMMENT

 

The delegation of some minor routine functions by the Council provides a framework for it to carry out its strategic functions more efficiently and effectively and the Chief Executive Officer and the administration the ability to action these powers and duties quickly and effectively.

 

However, for a power or duty to be delegated, the governing legislation is required to provide a head of power to enable the delegation to be made.

 

As a consequence of the detailed assessment of the Shire’s Delegations, a number of issues have been identified with respect to legislative compliance.

 

The Shire currently has the following delegations in place:

 

·    Delegation LGA3 – Applications to Main Roads WA for the Installation of Regulatory Signs

·    Delegation CPCA1 – Administering the Caravan Parks and Camping Act 1995

·    Delegation LCA1 – Liquor Control Act 1988 – Certificate of Local Government – Compliance with Health and Building Laws

·    Delegation LCA2 – Liquor Licensing Extended Trading Permits

 

None of the Acts under which these delegations have been made have the required head of power to enable the delegations to have been made.

 

Nevertheless, the legislation does allow the Council to authorise others to undertake these functions on its behalf.

 

Authorisations have been developed and are presented to Council for adoption.

 

CONSULTATION

 

Internal consultation has been undertaken to develop the authorisations and are reflected in the Officer Recommendation in the report.

 

STATUTORY ENVIRONMENT

 

CA2 – Applications for Installations of Regulatory Road Signs

 

Road Traffic Code 2000

 

Clause 297 Power to erect traffic‑control signals and road signs

 

(1)  The Commissioner of Main Roads may erect, establish or display, and may alter or take down any road sign, road marking or traffic‑control signal

(2)  The Commissioner of Main Roads may allow an authorised body to erect, establish, display, alter or take down any particular road sign, road marking or traffic‑control signal, or road signs, road markings or traffic‑control signals of a class or type of classes or types, and in the circumstances (if any), specified in the instrument of authorisation

(3)  Where an authorised body is causing work to be undertaken or responsible for a survey, that authorised body may erect, establish, display, alter or take down any particular road sign or traffic‑control signal, or road signs or traffic‑control signals of a class or type of classes or types approved by the Commissioner of Main Roads so as to only apply to one lane, or one direction of, the carriageway to which the work or the survey relates

(4)  A person shall not, without the consent of the Commissioner of Main Roads, remove, take down, damage, deface or interfere with any road sign, road marking or traffic‑control signal.

(4a) A person shall not erect, establish, place, maintain or display —

                 (a)     a traffic sign; or

                 (b)     a traffic‑control signal; or

                 (c)     a road marking,

               on a road, unless that person —

                 (d)     is authorised to do so by the Commissioner of Main Roads; or

                 (e)     has the consent of the Commissioner of Main Roads to do so under this regulation; or

(f)   is otherwise entitled to do so under a written law of the State

 

CA3 – Administration of Caravan Parks and Camping Act

 

Caravan Parks and Camping Act 1995 & Caravan Parks and Camping Regulations 1997

 

·    s7(1),(2) and (3) - seek further information regarding an application for a licence for a facility where required

·    s7(4) - grant, renew, or refuse to grant or renew, an application for licence of a caravan park and camping, transit park and nature based park

·    s10 - issue a prohibition notice to a licence holder of a facility

·    s11 - withdraw a prohibition notice issued to a licence holder of a facility

·    s12 - cancel a licence of a facility

·    s17  - appoint authorised persons for the purpose of administering the Act

·    s34 - determine a licenced facility has ceased to be a facility

 

·    r6 - appoint authorised persons for the purpose of administering the Regulations

·    r11 - grant approval for camping up to 3 months in areas other than Caravan Parks and Camping grounds

·    r54 – power to grant a temporary licence for a facility

 

CA4 – Certificate of Local Government – Compliance with Legislation

 

Liquor Control Act 1988

 

S39 - Certificate of local government as to whether premises comply with laws

 

(1)  An application made to the licensing authority for the grant or removal of a licence, or for a change in the use or condition of any premises shall be accompanied by a certificate from the local government for the district in which the premises to which the application relates are situated, or are to be situated, unless the licensing authority otherwise determines

(2) A certificate referred to in subsection (1) shall state:-

(a) whether or not the premises comply with all relevant requirements of –

(i)         the Health (Miscellaneous Provisions) Act 1911; and

(ii)        the Food Act 2008; and

(iii)       any written law applying to the sewerage or drainage of those premises; and

(iv)       the Local Government Act 1995; and

(v)       the Building Act 2011.

And

(b) where the premises do not so comply, the manner in which the premises could be made to comply or that the premises could not reasonably be made to comply.

 

 

CA5 –Liquor Licensing Extended Trading Permit

 

Liquor Control Act 1988

 

S64 Imposing, varying and cancelling conditions

 

(1)          Subject to this Act, in relation to any licence, or to any permit, the licensing authority may at its discretion impose conditions —

        (a)     in addition to the conditions specifically imposed by this Act; or

                 (b)     in such a manner as to make more restrictive a condition specifically imposed by this Act,

               and may vary or cancel any condition previously imposed by the licensing authority, having regard to the tenor of the licence or permit and the circumstances in relation to which the licensing authority intends that it should operate.

 

               (1C)      For the purposes of deciding whether to impose, vary or cancel a condition under this section, the licensing authority may consult with all or any of the following persons —

                 (a)     the Commissioner of Police;

                 (b)     the relevant local government;

                 (c)     the Chief Health Officer;

                   (d)    any other person, body or authority the licencing authority

 

POLICY IMPLICATIONS

 

3.1.11 Advisory Signs – MRWA Delegation

4.2.10 Approval to Camp for up to 3 months in other than Caravan Parks or Camping Ground.

4.2.14 Operation of Temporary Caravan & Camping Facilities

 

FINANCIAL IMPLICATIONS

 

None from this report.

 

RISK

 

The non-withdrawal of the identified Delegations would result in risk of non-compliance with the various Acts.

 

A suitable replacement process is required to ensure that the benefits of streamlining processes and procedures to enable efficient performance of functions continues.

 

STRATEGIC IMPLICATIONS  

 

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

 

An organisational culture that strives for service excellence

 

Sustainable and integrated strategic and operational plans

 

Responsible resource allocation

 

Effective community engagement

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Absolute Majority

 

REPORT RECOMMENDATION:

That Council:  

1.       Withdraws:

 

(a) Delegation LGA3 – Applications to Main Roads WA for the Installation of Regulatory Signs;

(b) Delegation CPCA1 - Administering the Caravan Parks and Camping Act 1995;

(c) Delegation LCA1 - Liquor Control Act 1988 – Certificate of Local Government – Compliance with Health and Building Laws; and

(d) Delegation LCA2 - Liquor Licensing Extended Trading Permits.

 

2.       Adopts Authorisations:

 

(a) CA2 – Applications for Installations of Regulatory Road Signs (Attachment 1);

(b) CA3 – Administration of Caravan Parks and Camping Act (Attachment 2);

(c) CA4 – Certificate of Local Government – Compliance with Legislation (Attachment 3); and

(d) CA5 – Liquor Licensing Extended Trading Permits (Attachment 4).

 

(Absolute Majority Required)

 

Attachments

1.

APPLICATION FOR THE INSTALLATION OF REGULATORY ROAD SIGNS

2.

ADMINISTRATION OF THE CARAVAN PARKS AND CAMPING ACT

3.

CERTIFICATE OF LOCAL GOVERNMENT - COMPLIANCE OF PREMISES - LIQUOR CONTROL ACT 1988

4.

LIQUOR LICENSING EXTENDED TRADING PERMITS

  


Item 9.4.3 - AMENDMENT TO DELEGATIONS FROM COUNCIL AND ADOPTION OF AUTHORISATIONS

 

 

SHIRE OF BROOME COUNCIL AUTHORISATION

 

Title:

Applications for the Installation of Regulatory Road Signs

Authorisation  No.:

CA2

Authorisation from:

Council

Authorised to:

Officers as detailed below

Date Adopted:

 

Date Last Reviewed:

 

 

 

Legislation/Policy:

Road Traffic Code 2000

Function of the Local Government which is being authorised:

Clause 297 Power to erect traffic‑control signals and road signs

The Chief Executive Officer, Director Infrastructure and Manager Infrastructure Operations are authorised to make application to Main Roads Western Australia for the installation of stop, give-way, roundabout signs and all ‘regulatory’ signs at such places as the Chief Executive Officer considers warranted, subject to appropriate consideration of the road safety aspects, plans and AS/NZ 1742

Details

 

Clause 297 Power to erect traffic‑control signals and road signs

 

(1)  The Commissioner of Main Roads may erect, establish or display, and may alter or take down any road sign, road marking or traffic‑control signal

(2)  The Commissioner of Main Roads may allow an authorised body to erect, establish, display, alter or take down any particular road sign, road marking or traffic‑control signal, or road signs, road markings or traffic‑control signals of a class or type of classes or types, and in the circumstances (if any), specified in the instrument of authorisation

(3)  Where an authorised body is causing work to be undertaken or responsible for a survey, that authorised body may erect, establish, display, alter or take down any particular road sign or traffic‑control signal, or road signs or traffic‑control signals of a class or type of classes or types approved by the Commissioner of Main Roads so as to only apply to one lane, or one direction of, the carriageway to which the work or the survey relates

(4)  A person shall not, without the consent of the Commissioner of Main Roads, remove, take down, damage, deface or interfere with any road sign, road marking or traffic‑control signal.

(4a) A person shall not erect, establish, place, maintain or display —

                 (a)     a traffic sign; or

                 (b)     a traffic‑control signal; or

                 (c)     a road marking,

               on a road, unless that person —

                 (d)     is authorised to do so by the Commissioner of Main Roads; or

                 (e)     has the consent of the Commissioner of Main Roads to do so under this regulation; or

(f)   is otherwise entitled to do so under a written law of the State

 

 

 

CROSS REFERENCES (If any):

Business Operation Procedure No.

 

Policy No.:

3.1.11 Advisory Signs – MRWA Delegation

Notes:

 

 


Item 9.4.3 - AMENDMENT TO DELEGATIONS FROM COUNCIL AND ADOPTION OF AUTHORISATIONS

 

 

SHIRE OF BROOME COUNCIL AUTHORISATION

 

Title:

Administration of the Caravan Parks and Camping Act

Authorisation  No.:

CA3

Authorisation from:

Council

Authorised to:

Officers as detailed below

Date Adopted:

 

Date Last Reviewed:

 

 

 

Legislation/Policy:

Caravan Parks and Camping Act 1995 & Caravan Parks and Camping Regulations 1997

Function of the Local Government which is being authorised:

That Council Authorises the Chief Executive Officer, Director Development & Community and Manager Health, Emergency & Ranger Services to perform the functions detailed below, in relation to the administration of the Caravan Parks and Camping Act 1995 and Caravan Parks and Camping Regulations 1997 as detailed below.

 

Details

 

Caravan Parks and Camping Act 1995 (the Act)

 

·    s7(1), 7(2) and 7(3) - seek further information regarding an application for a licence for a facility where required

·    s7(4) - grant, renew, or refuse to grant or renew, an application for licence of a caravan park and camping, transit park and nature based park

·    s10 - issue a prohibition notice to a licence holder of a facility

·    s11 - withdraw a prohibition notice issued to a licence holder of a facility

·    s12 - cancel a licence of a facility

·    s17 - appoint authorised persons for the purpose of administering the Act

·    s34 - determine a licenced facility has ceased to be a facility

 

Caravan Parks and Camping Regulations 1997 (the Regulations)

 

·    r6 - appoint authorised persons for the purpose of administering the Regulations

·    r11 - grant approval for camping up to 3 months in areas other than Caravan Parks and Camping grounds

·    r54 – power to grant a temporary licence for a facility

 

 

CROSS REFERENCES (If any):

 

Business Operation Procedure No.

 

Policy No.:

4.2.10 Approval to Camp for up to 3 months in other than Caravan Parks or Camping Ground.

4.2.14 Operation of Temporary Caravan & Camping Facilities

 

 

Notes:

 

 

 


Item 9.4.3 - AMENDMENT TO DELEGATIONS FROM COUNCIL AND ADOPTION OF AUTHORISATIONS

 

 

SHIRE OF BROOME COUNCIL AUTHORISATION

 

Title:

Certificate of Local Government – Compliance of Premises – Liquor Control Act 1988

Authorisation  No.:

CA4

Authorisation from:

Council

Authorised to:

Officers as detailed below

Date Adopted:

 

Date Last Reviewed:

 

 

 

Legislation/Policy:

Liquor Control Act 1988

Function of the Local Government which is being authorised:

S39 (1) Certificate of local government as to whether premises comply with laws

Pursuant to s39 of the Liquor Control Act 1988 the Chief Executive Officer, Director Development & Community, Manager Planning & Building Services and Manager Health, Emergency & Ranger Services are authorised to issue a certificate of compliance to accompany an application to the licensing authority.

Details

 

S39 - Certificate of local government as to whether premises comply with laws

 

(1)  An application made to the licensing authority for the grant or removal of a licence, or for a change in the use or condition of any premises shall be accompanied by a certificate from the local government for the district in which the premises to which the application relates are situated, or are to be situated, unless the licensing authority otherwise determines

(2) A certificate referred to in subsection (1) shall state:-

(a) whether or not the premises comply with all relevant requirements of –

(i)         the Health (Miscellaneous Provisions) Act 1911; and

(ii)        the Food Act 2008; and

(iii)       any written law applying to the sewerage or drainage of those premises; and

(iv)       the Local Government Act 1995; and

(v)       the Building Act 2011.

And

(b) where the premises do not so comply, the manner in which the premises could be made to comply or that the premises could not reasonably be made to comply.

 

 

 

 

CROSS REFERENCES (If any):

 

Business Operation Procedure No.

 

Policy No.:

 

 

Notes:

 

 


Item 9.4.3 - AMENDMENT TO DELEGATIONS FROM COUNCIL AND ADOPTION OF AUTHORISATIONS

 

 

SHIRE OF BROOME COUNCIL AUTHORISATION

 

Title:

Liquor Licensing Extended Trading Permits

Authorisation  No.:

CA5

Authorisation from:

Council

Authorised to:

Officers as detailed below

Date Adopted:

 

Date Last Reviewed:

 

 

 

Legislation/Policy:

Liquor Control Act 1988

Function of the Local Government which is being authorised:

Pursuant to the provisions of section 64 (1C) the Liquor Control Act 1988, the Chief Executive Officer, Director Development & Community and Manager Planning & Building Services are authorised to determine to support or otherwise applications for extended trading for licensed premises, subject to determination of the need for a road traffic management plan and litter control plan prior to granting approval

Details

 

S64 Imposing, varying and cancelling conditions

      (1)     Subject to this Act, in relation to any licence, or to any permit, the licensing authority may at its discretion impose conditions — 

                 (a)     in addition to the conditions specifically imposed by this Act; or

                 (b)     in such a manner as to make more restrictive a condition specifically imposed by this Act,

               and may vary or cancel any condition previously imposed by the licensing authority, having regard to the tenor of the licence or permit and the circumstances in relation to which the licensing authority intends that it should operate.

 

   (1C)     For the purposes of deciding whether to impose, vary or cancel a condition under this section, the licensing authority may consult with all or any of the following persons —

                 (a)     the Commissioner of Police;

                 (b)     the relevant local government;

                 (c)     the Chief Health Officer;

                 (d)     any other person, body or authority the licencing authority considers may be able to provide information relevant to the decision.

 

 

CROSS REFERENCES (If any):

 

Business Operation Procedure No.

 

Policy No.:

 

 

 

Notes:

 

 


AgendaOrdinary Meeting of Council 28 September 2017                                                                   Page 920 of 921

 

This item and any attachments are confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)(a) as it contains “a matter affecting an employee or employees”.

9.4.4      CHIEF EXECUTIVE OFFICER CONTRACT PERFORMANCE CRITERIA

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           P034374

AUTHOR:                                                   Manager Human Resources

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Corporate Services

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    19 September 2017

 

SUMMARY:         The Chief Executive Officer (CEO) was employed by Council on 23 February 2017. The Contract of Employment requires that the CEO complete a probationary period, during which time performance may be assessed and confirmed by Council. This Agenda item outlines the process undertaken to measure the CEO’s performance, identifies Key Performance Indicators (KPIs) in accordance with Council priorities and objectives and seeks confirmation from Council that the probation period has been completed satisfactorily in accordance with the CEO Contract of Employment.

 

  


10.

 

Reports

Of

Committees


AgendaOrdinary Meeting of Council 28 September 2017                                                                   Page 922 of 923

 

 

10.1       YAWURU PARK COUNCIL PROGRESS REPORT - AUGUST 2017 MINUTES

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           NAT55.1, NAT55.3

AUTHOR:                                                   Land Tenure Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    5 September 2017

 

SUMMARY:         This report presents Council with a progress report for the Yawuru Park Council (YPC), comprising the draft Minutes and associated recommendations of the YPC meeting held on 25 August 2017.

 

 

BACKGROUND

 

Previous Considerations

OMC 15 March 2012                         Item 9.2.5

SMC 29 May 2013                              Item 9.2.1

OMC 27 November 2014                  Item 10.2

OMC 25 June 2015                            Item 10.4

OMC 26 November 2015                  Item 9.2.4

OMC 28 July 2016                              Item 10.2

OMC 25 August 2016                        Item 10.1

OMC 15 December 2016                 Item 10.1

OMC 27 April 2017                             Item 10.1

 

The Yawuru Park Council (YPC) has been formed in accordance with the two Yawuru Indigenous Land Use Agreements (ILUAs) and is comprised of Yawuru Registered Native Title Body Corporate/Nyamba Buru Yawuru Representatives (Yawuru), delegates from the Department of Biodiversity, Conservation and Attractions (DBCA) and Shire of Broome representatives.  Through the YPC, these three organisations are responsible for jointly managing land within the Yawuru Conservation Estate in accordance with the ILUAs.

 

The following table outlines the four land/sea management areas within the Conservation Estate, including the bodies with direct management responsibility for each area:

 

Conservation Estate Area

Management responsibility

Minyirr Buru (Townsite Areas)

Yawuru and the Shire

Cable Beach Intertidal Zone (located approximately 600 meters north of the rocks at Cable Beach) (Intertidal Zone)

Yawuru, the Shire and DBCA

Birragun (Out of town Areas)

Yawuru and DBCA

Nagulagun (Marine Park Areas)

Yawuru and DBCA

 

The following are the current representatives on the YPC:

 

Yawuru Representatives:             Debra Pigram (Chair), Maxine Charlie and Dean Mathews.

Yawuru Proxies:                             Michael Corpus, Susan Edgar, Rosemary Coffin and Darren Puertollano.

Shire Representatives:                  Cr Harold Tracey, Sam Mastrolembo and Aletta Nugent

Shire Proxies:                                  Cr Ron Johnston and Cr Chris Mitchell.

DBCA Representatives:                Alan Byrne, Darren Stevens and Daniel Balint.

DBCA Proxies:                                Anthony Richardson, Craig Olejnik and Luke Puertollano

 

The Shire’s Policy 1.5.1 Yawuru Park Council Representation does not provide the Shire’s YPC Representatives with the ability to make decisions on the YPC that bind Council. Therefore, Council must endorse motions passed at all YPC meetings.

 

YPC minutes were last presented to Council for endorsement at the Ordinary Meeting of Council (OMC) on 27 April 2017 which included minutes for the YPC meeting held on 15 March 2017.  Since the OMC on 27 April 2017, the YPC met on 25 August 2017.

 

COMMENT

 

YPC Meeting on 25 August 2017

The agenda and minutes of the YPC meeting held on 25 August 2017 are attached (Attachments 1 and 2).  At the meeting, the YPC considered the following items:

3.   Matters across all tenure (Yawuru, Parks & Wildlife, Shire)

3.1 Dinosaur Footprint Research and Protection Mechanism

REPORT RECOMMENDATION:

That Yawuru Park Council:

1.   Do not agree to the removal of Dinosaur footprints as a management strategy unless a detailed submission for such action is presented to the Yawuru Park Council on a case by case basis

Moved: Aletta Nugent                              Seconded: Dean Matthews

 

This agenda item was in response to Council resolution of 27 November 2014, Item 10.2, Yawuru Park Council – Progress Report and YPC Minutes 12 March 2014, 7 April 2014 and 11 June 2014.

 

At the YPC meeting on 12 March 2014, Item 8.2b Gantheume Point Dinosaur Footprints, the YPC resolved:

 

That Yawuru discuss with the appropriate senior people and advise the DPaW whether it is culturally appropriate to remove the prints for the site and preserve at an agreed location.

 

All recommendations accepted, by consensus.

 

The Shire Officer recommended:

That Council notes the YPC resolution and requests and update with regards to the cultural appropriateness of removing the prints from the site for preservation purposes.

 

Council, on 27 November 2014, resolved the following:

 

In response to item 8.2b Council notes the resolution and requests an update on the cultural appropriateness of removing the dinosaur footprints from sites for preservation purposes

 

CARRIED UNANIMOUSLY 8/0

 

This matter came about after a number of requests were made by the general public urging DBCA to consider removing dinosaur tracks for preservation.  These requests continue to be made on a regular basis. 

 

DBCA’s response to these requests by the general public acknowledges the ‘significant cultural importance’ of the dinosaur tracks to the Yawuru people.  Further, where the land is jointly managed, the Yawuru people and DBCA will consider an appropriate course of action.  DBCA acknowledge that expert evidence received ‘suggests that modern techniques including laser scanning and aerial drone photography, in addition to silicon rubber casts, would be favoured over the physical removal of footprints’.

 

Yawuru held a workshop with Dr Steven Salisbury, a Senior Lecturer in the School of Biological Sciences at the University of Queensland, and a Research Associate at the Carnegie Museum of Natural History, Pittsburgh, Pennsylvania, USA, the Dinosaur Coast Management Group and Yawuru Cultural Reference Group (YCRG).  As a result of this meeting, the YCRG resolved that before any further research is undertaken on dinosaur footprints within Yawuru land, protocols need to be developed.

 

It is worth noting that the dinosaur tracks are located within the intertidal zone that abuts the conservation estate, and not in the conservation estate itself.

 

3.2    YPC Closed Hearing Agenda

REPORT RECOMMENDATION:

That Yawuru Park Council:

1.   Directs the Yawuru Park Council Working Group to develop guidelines in relation to identifying and presenting confidential items for YPC Meetings.

 

Moved: Aletta Nugent                              Seconded: Dean Matthews

 

At the OMC 28 July 2016, Council received the minutes of the Yawuru Park Council held on 18 March 2015, 13 May 2015, 15 July 2015 and 25 February 2016.

 

The YPC Minutes of 18 March 2015 included a table of action items, action item 5 was:

 

SOB to ascertain the process to conduct closed hearings for confidential YPC matters and report back to the YPC.

 

This action came about in response to contentious matters being made publicly available when YPC minutes were subsequently published as part of the Council meeting agenda.

 

Shire officers provided the YPC Working Group (YPC WG) with the Shire’s protocols for ‘matters behind closed doors’ – Section 5.23 of the Local Government Act 1995 (LG Act), Meetings generally open to the public.

 

DBCA officers presented to the YPC an agenda item proposing how to deal with contentious and confidential matters.  The proposal recommended that YPC identify by decision, early in the meeting, any matter on the agenda to be discussed behind closed doors.  Further, the proposal recommended any person who attends a YPC behind closed door item must not disclose information derived from the behind closed door item.

 

This proposal could not be supported by Shire YPC representatives as Council representatives cannot agree to keeping a YPC agenda item confidential if it cannot be considered confidential in accordance with section 5.23 of the LG Act.

 

Therefore, the YPC deferred the matter and referred the matter to the YPC WG to develop guidelines in relation to identifying and presenting confidential items for YPC meetings, taking into consideration the constraints on Council with regards to complying with section 5.23 of the LG Act.

 

3.3    Fee Waiver for waste disposal charges

REPORT RECOMMENDATION:

That Yawuru Park Council:

1.   The Yawuru Park Council support an application to the Shire of Broome seeking full waiver of waste disposal charges

 

Moved:                                                        Seconded:

 

This item was not moved.  This matter was deferred.

 

Currently the YPC is entitled to receive a 50% reduction of tip fees in accordance with Shire Policy 4.1.25 – Waiving and refunding of fees.

 

DBCA are to provide YPC WG with data collected on rubbish dumping / collected and costs associated with disposal at the Shire’s waste management facility.  The YPC WG are to discuss and progress a broader rubbish strategy for joint managed tenure.

 

4.   Townsite areas (Yawuru, Shire)

4.1 Environs Kimberley Funding

REPORT RECOMMENDATION:

That Yawuru Park Council:

1.   The Yawuru Park Council provide financial assistance in covering the outstanding costs of the Minyirr Park Revegetation Project, which amounts to $1,282.00.

 

Moved: Sam Mastrolembo                      Seconded: Dean Mathews

 

Environs Kimberley has been working on a multi-partner project to revegetate a degraded area of the Federally Endangered Monsoon Vine Thicket plant community in Minyirr Park. Environs Kimberley requested financial assistance in covering the outstanding project costs.

 

Due to unforeseen delays in installing a watering system for the plants through in-kind contributions, the project had to pay a contractor to install a reticulation system to keep the plants alive through the first dry season.  The contractor provided the service at near cost-price in addition to further in-kind contributions to the project.  As a consequence, the Year 1 project budget had blown out.  Nyamba Buru Yawuru Ltd provided $500 to help cover the additional costs, but $1,282 remains.

 

The project is being facilitated with funding from a Federal Government 20 Million Trees Grant, with the project being half way through its two years of funding.  The project has been able to utilise in-kind contributions from local business, TAFE students, Green Army, Society for Kimberley Indigenous Plants and Animals and community volunteer hours.

 

It was agreed that any future project conducted in the conservation estate must be formally endorsed by the YPC before the project commences.  Prior to project endorsement a detailed project, budget and infrastructure plan must be submitted to the YPC for consideration.  Itemised expenditure reports are required on finalisation of approved projects.

 

4.2 Concept Planning for Gantheume Point and other In -Town recreation nodes

REPORT RECOMMENDATION:

That Yawuru Park Council:

2.   Endorse the concept planning for upgrade of car park improvements (Gantheaume Point and Riddell Beach) and maintenance work of Gantheaume Point Walk Trail with design assistance with landscape architect to develop concept plans for YPC consideration.

Moved: Sam Mastrolembo                      Seconded: Dean Mathews

 

The DBCA have access to a landscape architect whom can provide concept plans for infrastructure upgrades at key In-Town recreation sites.  On 7 August 2017, YPC WG members undertook a site visit of key In-Town recreation sites, the objective of the site visit was to determine priorities for infrastructure and ‘ground truth’ the Draft Recreation Master Plan.

 

As a result of this visit Gantheaume Point and the Gantheaume Point Walk Track were identified by the Joint Management Parties as priorities.  Riddell Beach carparks were also identified in need of limited works.  The DBCA were seeking YPC approval to utilise the services of the available landscape architect and deliver concept drawing upgrades at the above mentioned sites

 

The DBCA will provide this service in-kind, there will be no costs to the YPC for this service.

 

Additionally, The DBCA’s landscape architect is available to progress concept drawings for infrastructure plans.  The DBCA seeks to utilise this service for the benefit of the YPC.

 

CONSULTATION

 

The YPC comprises representatives from Yawuru, the Shire and DBCA, working collaboratively to manage the Yawuru Conservation Estate.

 

STATUTORY ENVIRONMENT

 

Local Government Act

 

5.23.       Meetings generally open to public

(1)     Subject to subsection (2), the following are to be open to members of the public -

(a)  all council meetings; and

(b)  all meetings of any committee to which a local government power or duty has been delegated.

(2)     If a meeting is being held by a council or by a committee referred to in subsection (1)(b), the council or committee may close to members of the public the meeting, or part of the meeting, if the meeting or the part of the meeting deals with any of the following — 

(a)  a matter affecting an employee or employees; and

(b)  the personal affairs of any person; and

(c)  a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting; and

(d)  legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting; and

(e)  a matter that if disclosed, would reveal —

(i)    a trade secret; or

(ii)   information that has a commercial value to a person; or

(iii)  information about the business, professional, commercial or financial affairs of a person,

where the trade secret or information is held by, or is about, a person other than the local government; and

(f)   a matter that if disclosed, could be reasonably expected to — 

(i)    impair the effectiveness of any lawful method or procedure for preventing, detecting, investigating or dealing with any contravention or possible contravention of the law; or

(ii)   endanger the security of the local government’s property; or

(iii)  prejudice the maintenance or enforcement of a lawful measure for protecting public safety; and

(g)  information which is the subject of a direction given under section 23(1a) of the Parliamentary Commissioner Act 1971 ; and

(h)  such other matters as may be prescribed.

(3)     A decision to close a meeting or part of a meeting and the reason for the decision are to be recorded in the minutes of the meeting.

 

POLICY IMPLICATIONS

 

Policy 4.1.25 – Waiving and refunding of fees.

 

FINANCIAL IMPLICATIONS

 

Nil

 

RISK

 

Nil

 

STRATEGIC IMPLICATIONS  

 

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

 

Effective communication

 

Accessible and safe community spaces

 

A healthy and safe environment

 

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

 

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

 

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

 

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

 

Sustainable and integrated strategic and operational plans

 

Effective community engagement

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council receives the minutes of the Yawuru Park Council meeting held on 25 August 2017, and endorses all the motions passed at that meeting.

 

 

Attachments

1.

YPC Agenda and Agenda Items 25 August 2017

2.

YPC Draft Minutes 25 August 2017

  


Item 10.1 - YAWURU PARK COUNCIL PROGRESS REPORT - AUGUST 2017 MINUTES

 

 

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Item 10.1 - YAWURU PARK COUNCIL PROGRESS REPORT - AUGUST 2017 MINUTES

 

 

 

Yawuru Park Council

Meeting Minutes

 

Meeting no: 34

Meeting location: Department of Parks & Wildlife

Meeting date: 25th August 2017

Meeting start: 13:07

Meeting end: 16:05pm

 

 

Attendees:

Yawuru                         Debra Pigram (DP), Dean Mathews (DM), Rosemary Coffin (RC)

Broome Shire                Chris Mitchell (CM), Sam Mastrolembo (SM), Aletta Nugent (AN)                    

DPaW                           Daniel Balint (DB), Luke Puertollano (LP), Craig Olejnik (CO)

 

Apologies:

Harold Tracey (HT), Ben Dolby (BD), Ron Johnston (RJ)

                                       

Guests / Observers:

Sam Legge (NBY), Julie Melbourne (NBY), Jacquie Jankowski (SOB), Melanie Edgar (DPAW)

                                     

1.   Welcome and apologies

 

1.1. Opening and welcome

Meeting opened by Chair Deb Pigram.

1.2. Apologies

Harold Tracey (HT), Ben Dolby (BD), Ron Johnston (RJ)

1.3. Role of persons present (YPC representative/ alternative/ proxy, associate member, observer etc)

Nyamba Buru Yawuru: Debra Pigram (Chair), Dean Mathews (representative), Rosemary Coffin (proxy), Julie Melbourne (observer), Sam Legge (observer)

 

Shire of Broome: Chris Mitchell (representative), Sam Mastrolembo (representative), Aletta Nugent (representative), Jacquie Jankowski (observer)

  

Department of Parks and Wildlife: Dan Balint (representative), Luke Puertollano (representative), Craig Olejnik (representative), Melanie Edgar (observer)

 

 

 

 

 

 

2.   Minutes of previous meeting

2.1. Review and adoption of 15 March 2017 minutes

Moved - SM

Seconded - CO

2.2. Actions arising

4.1 from the previous mins – COMPLETED

4.2 from the previous mins – to confirm expected completion date

4.3 from the previous mins – Completed in July 2017

7.1 From the previous mins to be sent out by DB ASAP

 

3.   Matters across all tenure (Yawuru, Parks & Wildlife, Shire)

 

3.1. Dinosaur Footprint Research and Protection Mechanism

 

REPORT RECOMMENDATION:

That the Yawuru Park Council:

1.   Do not agree to the removal of Dinosaur footprints as a management strategy unless a detailed submission for such action is presented to the Yawuru Park Council on a case by case basis.

Moved: AN                                                                     

Seconded: DM                                                                                                                  

 

3.2. YPC Closed Hearing Agenda

 

REPORT RECOMMENDATION

That Yawuru Park Council:

1.   Directs the Yawuru Park Council Working Group to develop guidelines in relation to identifying and presenting confidential items for YPC Meetings.

Moved: AN                                                                    Seconded: DM                                                                                                                                 

 

 

 

 

 

 

Original recommendation deferred

 

That the Yawuru Park Council identify by decision, early in the meeting, any matter on the agenda of the meeting to be discussed behind closed doors, and that matter is to be determined for consideration as the last item of the meeting.

 

A person who attends a Yawuru Park Council Meeting must not disclose:

(a) Information that the attendee derived from a confidential document; or

(b) Information that the attendee acquired at a closed meeting other than information derived from a non – confidential document.

 

This does not prevent an attendee of the Yawuru Park Council Meeting from disclosing information:

(a) At a closed meeting; or

(b) To the extent specified by the Yawuru Park Council and subject to such other conditions as the Yawuru Park Council determines; or

(c) That is already in the public domain; or

(d) If the disclosure is required or permitted by law.

ACTION #1: YPCWG to develop guidelines in relation to identifying and presenting confidential items for YPC Meetings.

3.3. Fee Waiver for waste disposal charges

 

Note: No one moved or seconded this agenda item.  Deferred.

 

REPORT RECOMMENDATION:

That the Yawuru Park Council recommends that:

1.   The Yawuru Park Council support an application to the Shire of Broome seeking full waiver of waste disposal charges

 

Moved:                                                                      Seconded:

 

ACTION #2: DBCA to provide Yawuru Park Council Working Group with data collected on rubbish dumping as well as the estimated costs of waste disposal.

ACTION #3: Yawuru Park Council Working Group to discuss and progress broader rubbish strategy in joint managed tenure.

 

 

4.   Townsite areas (Yawuru, Shire)

 

4.1. Environs Kimberley Funding

 

Note: Any future project conducted in the conservation estate must be formally endorsed by the Yawuru Park Council before the project commences. Before project endorsement a detailed project, budget and infrastructure plan must be submitted to the Yawuru Park Council for consideration. Itemised expenditure reports are required on finalisation of approved projects.

REPORT RECOMMENDATION:

That the Yawuru Park Council recommends that:

The Yawuru Park Council provide financial assistance in covering the outstanding costs of the Minyirr Park Revegetation Project, which amounts to $1282.00.

 

Moved: SM                                                                      Seconded: DM

 

4.2. Concept Planning for Gantheume Point and other In -Town recreation nodes.

 

Note: Shire of Broome to provide in – kind support of engineer once concept planning progressed.

 

REPORT RECOMMENDATION:

That the Yawuru Park Council recommends that:

 

The Yawuru Park Council endorse the concept planning for upgrade of car park improvements (Gantheaume Point and Riddell Beach) and maintenance work of Gantheaume Point Walk Trail with design assistance with landscape architect to develop concept plans for YPC consideration.

 

Moved: SM                                                                      Seconded: DB

 

ACTION #5: Shire of Broome to provide the Yawuru Park Council Working Group with a copy of the Shire’s Risk report.

 

5.   Cable Beach intertidal zone (Yawuru, Parks & Wildlife, Shire)

6.   Out of town and Roebuck Bay areas (Yawuru, Parks & Wildlife)

7.   Reports

7.1. Expenditure report summary

ACTION #6: Yawuru Park Council Working Group to develop a template for future cost reports

ACTION #7: 2017/2018 Budget to be completed by November 2017 (DBCA)

ACTION #8: Through the Yawuru Park Council the joint managers will identify management priorities which will then inform budget allocation.

8.   Other matters and correspondence

8.1. Gurlbanwila update

8.2. Fire Management in the conservation estate

ACTION #9: The Department shall provide the Fire Management Plan and schedule of works to the Shire of Broome. 

ACTION #10: Yawuru Park Council to prioritise properties that require bush breaks in the In – Town Reserve

8.3. Asbestos found at Simpson Beach

ACTION #11: The DBCA to seek advice from the Department of Health on recommendation of the Shire of Broome

8.4. Crocodile Safety Communication Strategy update

9.   Next meeting 6th September 2017

10. Close of meeting

 


AgendaOrdinary Meeting of Council 28 September 2017                                                                   Page 946 of 947

 

 

10.2       MINUTES OF THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE MEETING HELD 14 SEPTEMBER 2017

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           EDP002

AUTHOR:                                                   Manager Community and Economic Development

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    15 September 2017

 

SUMMARY:         This report presents the minutes and associated recommendations of the meeting of the Economic Development Advisory Committee held 14 September 2017 for Council’s consideration.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 30 July 2015                              Item 12.1

OMC 26 November 2015                  Item 9.3.2

SMC 19 January 2016                        Item 6.2.2

OMC 26 May 2016                             Item 10.1

OMC 25 August 2016                        Item 12.1

OMC 29 September 2016                 Item 10.4

OMC 27 October 2016                     Item 10.4

OMC 30 March 2017                         Item 10.1

OMC 25 May 2017                             Item 12.2

 

COMMENT

 

The minutes of the Economic Development Advisory Committee (EDAC) meeting held 14 September 2017 are attached in full (see Attachments 1 and 2) for Council’s information. At the meeting, the EDAC considered two reports which are summarised below. Item 6.2 was a confidential report and is therefore included as a confidential attachment to this agenda item.

 

Item 6.1 Broome Events Strategic Development Plan

 

This report presented the Broome Events Strategic Development Plan for EDAC consideration. Two documents were developed as part of the Events Strategic Development Plan; a report containing a comprehensive overview of the events industry in Broome including research findings and proposed actions (see Attachment 1 to the EDAC report) and a Broome Major Events Strategy that includes the actions to be undertaken (see Attachment 2 to the EDAC report).  The five strategic pillars that were identified in the Strategy are:

 

1.   The Shire – A progressive partner and investor in events

2.   Events Calendar – stimulate the economy during the shoulder seasons

3.   Event Delivery – Deliver professional small to medium sized events

4.   Infrastructure – Enable greater activation of Shire infrastructure

5.   Conferences – Make Broome an attractive destination to host conferences

 

Each strategic events pillar has actions identified to progress toward the desired outcome of extending the events season and building depth within the annual events calendar.

 

In summary, the Strategy recommends that the Shire should seek to build depth in the Broome events calendar by clustering new events around existing events and encouraging events in the shoulder seasons.  The events considered best suited to Broome are cultural events, participation sports and conferences.

 

The Strategy recommends that the Shire provide support for events in the key areas of event planning and support, stakeholder liaison and management, funding provision and support to build relationships with funders.

 

Future planning and precinct development in Broome should consider the need for event infrastructure, which may include staging areas, public toilets, lighting, audio visual/sound equipment and greater access to three phase and 15amp power outlets.

 

Overall, the Plan and Strategy are considered to be sound documents to guide the Shire in its activities aimed at attracting and supporting events.  Therefore, officers sought EDAC’s recommendation that Council adopt the Plan and Strategy for implementation.

 

EDAC resolved as below:

 

Committee Resolution:

(Report Recommendation)

Moved: Mr P Taylor                                                   Seconded: Mr G Fiorenza

That the Economic Development Advisory Committee recommends that Council adopts the Events Strategic Development Plan and the Broome Major Events Strategy as shown in Attachments 1 and 2 of this report.

CARRIED UNANIMOUSLY 7/0

 

Confidential Item 6.2 Request for Support – Intra-Regional Air Service

 

The Shire of Broome has received a proposal from Aviair seeking support for the development of regular public transport air services throughout the Pilbara and to Broome.

 

With regard to this item, Ms K Krenz declared a Financial Interest as “Airport stands to benefit financially if this service went ahead” and departed the Function Room at 2:59pm. As this resulted in a loss of quorum and there were no further items on the Agenda, the Chairman declared the meeting closed at 2:59pm.

 

A special EDAC meeting is proposed to be held in October 2017 to consider this item, with a recommendation put to Council for consideration at the November 2017 Ordinary Meeting of Council.

 

CONSULTATION

 

Nil

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

5.22 .     Minutes of council and committee meetings

(1)     The person presiding at a meeting of a council or a committee is to cause minutes to be kept of the meeting’s proceedings.

(2)     The minutes of a meeting of a council or a committee are to be submitted to the next ordinary meeting of the council or the committee, as the case requires, for confirmation.

(3      The person presiding at the meeting at which the minutes are confirmed is to sign the minutes and certify the confirmation.

Further statutory requirements are outlined in the Minutes attached.

 

POLICY IMPLICATIONS

 

Nil.

 

FINANCIAL IMPLICATIONS

 

Nil.

 

RISK

 

Item 6.1 Broome Events Strategic Development Plan

 

ACTION

RISK LEVEL

TYPE OF RISK

CONSEQUENCE

MITIGATION

Adoption of the Events Strategic Development Plan and the Events Strategy

Low

Reputation

Shire perceived to be only focusing on Events

Broome Growth Plan implemented to address all areas of economic development

Failure to adopt the Events Strategic Development Plan and the Events Strategy

Medium

Reputation

Shire perceived as not actively supporting economic and events development

Adopt the Plan and Strategy

 

 

Confidential Item 6.2 Request for Support – Intra-Regional Air Service

 

Officers consider it important that EDAC makes a formal recommendation to Council on this item in line with the Committee’s terms of reference.  The risks associated with deferring consideration of this matter to a future EDAC meeting are considered low.

 

STRATEGIC IMPLICATIONS  

 

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

 

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

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:  

1.       Receives the minutes of the Economic Development Advisory Committee meeting held on 14 September 2017, and endorses the motion passed at the meeting; and

2.       Requests that the Chief Executive Officer schedule a further meeting of the Economic Development Advisory Committee to consider Confidential Item 6.2 Request for Support – Intra-Regional Air Service.

 

Attachments

1.

Uncomfirmed Minutes of the Economic Development Advisory Committee held 14 September 2017

2.

Uncomfirmed Minutes - Confidential Items Supplement of the Economic Development Advisory Committee held 14 September 2017 (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)(i)) as it contains “a matter that if disclosed, would reveal a trade secret, where the trade secret is held by, or is about, a person other than the local government”, and section 5.23(2)((e)(ii)) as it contains “a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government”, and 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”.

  


Item 10.2 - MINUTES OF THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE MEETING HELD 14 SEPTEMBER 2017

 

 

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Item 10.2 - MINUTES OF THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE MEETING HELD 14 SEPTEMBER 2017

 

 

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Agenda – Ordinary Meeting of Council 28 September 2017                                                                Page 1048 of 1048

11.       Notices of Motion

 

 

12.       Business of an Urgent Nature  

 

 

13.       Questions by Members Of Which Due Notice Has Been Given

 

 

14.       Matters Behind Closed Doors

  

 

15.       Meeting Closure