Agenda of Ordinary Meeting - 19 October 2017

Agenda – Ordinary Meeting of Council 19 October 2017 Page 3 of 620

Councillor		Cr R Johnston	Cr H Tracey	Cr M Fairborn	Cr W Fryer	Cr E Foy	Cr D Male	Cr P Matsumoto	Cr C Mitchell	Cr B Rudeforth
2015	26 November							LOA
2015	17 December
2016	25 February					A
2016	31 March					LOA
2016	28 April		LOA	A	LOA	LOA
2016	26 May			A				LOA
2016	30 June		LOA							LOA
2016	28 July
2016	25 August					LOA
2016	29 September		A				LOA
2016	27 October								LOA
2016	24 November			LOA			A
2016	15 December					A				A
2017	23 February									A
2017	30 March			LOA		LOA
2017	27 April		A	LOA	A
2017	25 May 2017					LOA
2017	29 June 2017				A	LOA
2017	27 July		A			LOA
2017	7 September	A				LOA			LOA
2017	28 September	LOA			LOA				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 5¹ 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.]

Agenda – Ordinary Meeting of Council 19 October 2017 Page 21 of 620

9.1.1 2017-2018 AMENDED ACTIVITY PLAN FOR KIMBERLEY REGION

LOCATION/ADDRESS: NIL

APPLICANT: NIL

FILE: CLIB2

AUTHOR: Librarian

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development and Community

DISCLOSURE OF INTEREST: NIL

DATE OF REPORT: 3 October 2017

SUMMARY: At the Ordinary Meeting of Council on 29 June 2017, Council endorsed the 2017-2018 Activity Plan for Kimberley Region, in accordance with the Regional Agreement dated 16 September 1994 with the State Library Western Australia (SLWA).

The SLWA subsequently advised the 2017-2018 Activity Plan for Kimberley Region required amendment.

This report requests that Council endorse the 2017-2018 Amended Activity Plan for Kimberley Region as amended, so that it can be submitted to the SLWA as a funding application.

BACKGROUND

Previous Considerations

OMC 12 July 2012 Item 9.1.4

OMC 26 June 2014 Item 9.1.3

OMC 25 June 2015 Item 9.1.2

OMC 30 June 2016 Item 9.1.3

OMC 29 June 2017 Item 9.1.1

Background

The Shire of Broome Library has been the Regional Library for the Kimberley since January 1990. The State Library Western Australia (SLWA) provides funding for regional libraries via the Activity Plan process. Services and projects are negotiated with other participating Local Government libraries in the Kimberley region to create a joint application for funding to the SLWA.

The Activity Plan is divided into Core and Value-Added Activities which are assessed against different criteria by the SLWA when determining funding to an allocated region. Once the SLWA has made a determination as to funding, specific projects and services are launched. If funding is not received in full, participating Local Government libraries renegotiate the services dictated in that section of the plan.

OMC 29 June 2017 - Item 9.1.1

Council endorsed the 2017-2018 Activity Plan for Kimberley Region for the 2017/2018 financial year (Attachment 1). The plan governs the coordination of Regional Library Services as undertaken by the Broome Public Library. The plan had been drafted in coordination with colleagues in the other three Kimberley Local Governments and in accordance with the regional library model implemented in 2011.

Council resolved:

COUNCIL RESOLUTION:

(REPORT RECOMMENDATION)

Moved: Cr C Mitchell Seconded: Cr D Male

That Council endorses the Kimberley Regional Model Activity Plan 2017/18 contained in Attachment 3, in accordance with the Regional Agreement dated 16 September 1994 with the State Library Western Australia.

CARRIED UNANIMOUSLY 7/0

COMMENT

In July 2017, the 2017-2018 Activity Plan for the Kimberley Region as shown in Attachment 1 was lodged with the SLWA. Subsequently, the SLWA requested that two Core Activities in the 2017-2018 Activity Plan be altered prior to funding approval. These Core Activities are the Regional Meeting and the In-Region Visit.

First amendment – Regional Meeting

The SLWA was not prepared to fund the proposed regional visit to the Derby and Kununurra libraries because the Derby and Kununurra libraries are considered to be selecting libraries and do not require the Regional Librarian to visit. As an alternative, the amended Plan proposes to include a teleconference/webinar which will allow the library staff from all of the libraries in the Kimberley region to participate without any additional cost to those local governments.

The net effect will be a decrease in cost overall for this Core Activity. The proposed webinar total cost is $267.39, with the proportional cost to the Shire of Broome being $132.20.

Second amendment – In-Region Visit

There is a SLWA requirement for the Regional Librarian to visit the Halls Creek library every two years, with the next visit due in 2017/18.

The proposed In-Region Visit to Halls Creek has been costed at $4,054.38, with the proportional cost to the Shire of Broome being $2,027.19.

In the original 2017-2018 Activity Plan for the Kimberley Region, the In-Region Visit (to Halls Creek) was included in the Regional Meeting section. The Amended Plan (see Attachment 2) has now separated these costs out, and they are set out in the In-Region Visit section of the amended Plan.

Costs of amendments

The cost of the combined Regional Meeting and In-Region Visit was $7,516.65, with the proportional cost to the Shire of Broome being $3,758.32. The cost of these items in the amended Plan is $4,433.66, with the proportional cost to the Shire of Broome being $2,216.83. Therefore, the changes result in an overall saving of $1,541.49 to the Shire of Broome.

Summary

In addition to the amendments above, a minor change was made to correct a typographical error in the Activity Plan.

Overall, the proposed changes have been requested by the SLWA to ensure the funding application will be approved, and therefore it is recommended that Council endorse the 2017-2018 Amended Activity Plan for Kimberley Region as shown in Attachment 2.

CONSULTATION

Library Manager Shire of Derby West Kimberley

Library Manager Shire Wyndham East Kimberley

Senior Administration Officer for the Shire of Halls Creek

Financial Services Manager for the Shire of Halls Creek

State Library of Western Australia; Library Liaison

STATUTORY ENVIRONMENT

Local Government Act 1995

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

Upon endorsement, the 2017-2018 Amended Activity Plan for Kimberley Region will be submitted to the SLWA as a funding application. This application requires a minor financial commitment by the Shire of Broome.

The amount of funding sought from the SLWA for 2017/18 is $23,323.50. The contribution by the Shire for the 2017/18 financial year is $4,063.28, which contributes to:

· the cost of the Regional Librarian’s salary;

· support and training to Halls Creek library;

· hosting the regional meeting; and

· travelling suitcase exhibition.

This amount has been provided for in the 2017/18 budget.

RISK

The 2017-2018 Amended Activity Plan for Kimberley Region presents minimal risk to the Shire of Broome. The Shire enters into an agreement with the SLWA to provide the Regional Librarian for the Kimberley region.

Under this agreement, the Shire of Broome’s Library Coordinator is obliged to create and deliver the yearly activity plan and provide support and training when required to fulfil the role of Regional Librarian.

The agreement is considered low risk given the activities are negotiated before the agreement is entered into.

STRATEGIC IMPLICATIONS

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

Effective communication

Affordable services and initiatives to satisfy community need

Accessible and safe community spaces

Participation in recreational and leisure activity

A healthy and safe environment

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

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

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council endorses the 2017-2018 Amended Activity Plan for Kimberley Region contained in Attachment 2, in accordance with the Regional Agreement dated 16 September 1994 with the State Library Western Australia.

Attachments

1.	2017-2018 Activity Plan for Kimberley Region endorsed by Council on 29 June 2017
2.	Amended 2017-2018 Activity Plan for Kimberley Region

9.2.1 DEDICATION OF BIDYADANGA ROAD

LOCATION/ADDRESS: Lagrange

APPLICANT: Shire of Broome

FILE: BID-2/GEN

AUTHOR: Land Tenure Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development and Community

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 13 June 2017

SUMMARY: At the Ordinary Meeting of Council on 19 March 2009, Council resolved to proceed with the road dedication of Bidyadanga Road.

The road dedication was delayed due to issues associated with obtaining consent from Pastoral Lessee (Karijarri Traditional Lands Association (KTLA)) for the partial excision of the road area from Frazier Downs Pastoral Lease.

The Department of Planning, Lands and Heritage has recently advised that compensation has been agreed with the KTLA and will be formalised as part of the proposed Indigenous Land Use Agreement.

Therefore, this report recommends that Council proceed with the road dedication of Bidyadanga Road and indemnify the Minister for Lands against any claims for compensation pursuant to section 56(4) of the Land Administration Act 1997.

BACKGROUND

Previous Considerations

OMC 19 March 2009 Item 9.5.3

OMC 17 May 2012 Item 9.4.3

OMC 19 March 2009 Item 9.5.3

At the Ordinary Meeting of Council (OMC) on 19 March 2009, Council considered the removal of four roads from the Road Assets database and the dedication of Bidyadanga and Crab Creek Roads.

Council resolved:

COUNCIL RESOLUTION

Moved: Cr C R Mitchell Seconded: Cr C M Maher

That with respect to rural roads on Council’s Road asset database, Council:

1) Agrees that the following roads are not Council’s assets or maintenance responsibility and that they be removed from the database:
a. Cygnet Bay Road – unformed 2.33km
b. Rumbul Bay Road – Unformed 20.00km
c. La Grange East Road – Unformed 10.00k
d. Cape Bertholet Road – Unformed 27.84km

2) With respect to the dedication of Bidyadanga Road as “road” on the existing alignment from the Great Northern Highway to boundary of the Bidyadanga Community, through existing Lot 264 on CP 238183:
a. Requests the excision of all that strip of land (60m wide) from Lot 264 on CP 238183, notionally centred on the existing physical alignment of Bidyadanga road, and
b. Requests the Minister for Planning to dedicate as Road that strip of land identified above.

3) With respect to the dedication of Crab Creek Road as “Road” from the northern boundary of Lot 67 and notionally on the existing alignment from there directly to the Roebuck Bay foreshore, through existing land identified as:
a. LGE H 908165 – Lot 300 on P45653
b. LGE I502660 – Lot 67 on P170121
c. LGE I502667 – Lot 66 on P168126
d. LGE I135157 – Lot 81 on P211926
e. R 35493 – Lot 132 on P91668

4) Requests the excision of all that strip of land (60 me wide) entirely or partly taken from the above allotments and notionally centred on the existing physical alignment of Crab Creek Road.

5) Requests the Minister for Planning to dedicate as Road that strip of land identified above.

CARRIED UNANIMOUSLY

The Shire wrote to the Minister for Planning requesting the road dedication in accordance with the Council resolution.

OMC 17 May 2012 Item 9.4.3

At the OMC on 17 May 2012, Council considered a number of issues associated with obtaining Pastoral Lessee (Karijarri Traditional Lands Association (KTLA)) consent for the partial excision of land from Frazier Downs Pastoral Lease for the purpose of creating a road reserve for Bidyadanga Road.

Council resolved:

COUNCIL RESOLUTION

That Council:

1) Authorises the Chief Executive Office to undertake further discussions with the Lessees of Frazier Downs Pastoral Lease in relation to reaching an agreement on this;

2) Withdraws from any further work on Bidyadanga Road until such time as the road is dedicated and adequate funding is made available for construction and maintenance;

3) Advises the Karijarri Traditional Lands Association, Bidyadanga Community and Funding Bodies that Council will not accept responsibility for the road as it is not a dedicated road;

Moved: Cr C R Bloom Seconded: Cr Peter D Matsumoto

CARRIED UNANIMOUSLY 8/0

The Shire wrote to the Kimberley Land Council advising of Council’s resolution and that it was Council’s position that the Shire would not be paying any funds or compensation towards the road reserve dedication.

COMMENT

The proposed dedication of Bidyadanga Road was delayed pending the progression of an Indigenous Land Use Agreement (ILUA) which the Department Planning, Lands and Heritage (DPLH) (formerly of Department of Lands) was negotiating with the Kimberley Land Council, in order to identify a suitable solution to facilitate the road dedication.

Recently, the Shire contacted the DPLH regarding the progress of the ILUA and was advised that compensation had been agreed with the KTLA and would be formalised as part of the proposed ILUA.

The DPLH also advised that the Council resolution from the OMC on 19 March 2009 did not include reference to Lot 257 on Deposited Plan 238186 and did not indemnify the Minister for Lands against any claims for compensation that may occur as a result of the road dedication. This means that it is necessary for Council to reaffirm its intention to dedicate Bidyadanga Road, with the resolution including the necessary details to facilitate the progression of the matter by DPLH.

It is therefore recommended that Council supports the dedication of Lot 555 on Deposited Plan 406104 as part of Bidyadanga Road (see Attachment 1), currently being portions of Lot 264 on Deposited Plan 238183 (Pastoral Lease N49664) and Lot 257 on Deposited Plan 238186 (Pastoral Lease N49667) and indemnifies the Minister for Lands against any claims for compensation.

CONSULTATION

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

STATUTORY ENVIRONMENT

Land Administration Act 1997

56. Dedication of land as road

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

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

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

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

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

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

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

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

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

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

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

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

(c) refuse the request.

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

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

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

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

POLICY IMPLICATIONS

3.1.15 Register of Public Roads

FINANCIAL IMPLICATIONS

Whilst the Shire is legally required to indemnify the Minister for Lands against any claims for compensation that may occur as a result of the road dedication, the land the subject of the road dedication is currently subject to a Pastoral Lease. The DPLH are currently negotiating an ILUA with the Pastoral Lessee which will include the transfer of Unallocated Crown Land (UCL) Lots 441 and 383 (see Attachment 2) as compensation for excision of that portion of land subject to the road dedication. There will be no financial implications for compensation to the Shire of Broome.

Gary Bradshaw, Network Manager Kimberley Region, Main Roads Western Australia (Main Roads WA) confirmed by way of email dated 14 September 2017 that State funding has been allocated for the construction and sealing of the remaining unsealed portion of the road in the 2018/19 and 2019/20 financial years.

In proceeding with the dedication of the Road, the Shire will be acknowledging a responsibility to maintain the road into the future, and will be placed under pressure by the Bidyadanga community to do so. While the sealing of the road will reduce these maintenance costs, there will still be ongoing costs associated with the gazettal of the road. There is likely to be a need to undertake a full re-seal of Bidyadanga Road 10 years after it is constructed, at a cost of $556,000 based on current prices.

RISK

There is not considered to be any risk to the Shire from proceeding with the dedication.

STRATEGIC IMPLICATIONS

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

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

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

Affordable and equitable services and infrastructure

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council:

1. Requests that the Chief Executive Officer write to the Minister for Lands requesting that the Minister dedicate what is referred to as Bidyadanga Road as depicted as Lot 555 on Deposited Plan 406104, currently being portions of Lot 264 on Deposited Plan 238183 (Pastoral Lease N49664) and Lot 257 on Deposited Plan 238186 (Pastoral Lease N49667), pursuant to section 56 of the Land Administration Act 1997; and

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

Attachments

1.	Lot 555 on DP 406104
2.	UCL Lots 441 & 383

Agenda – Ordinary Meeting of Council 19 October 2017 Page 50 of 620

9.2.2 UNMANAGED PIPELINE AND WATER SUPPLY RESERVE 33704 HAAS STREET – SHIRE OFFICE STAFF CAR PARK

LOCATION/ADDRESS: Haas Street

APPLICANT: Nil

FILE: RES 33704

AUTHOR: Land Tenure Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development and Community

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 19 September 2017

SUMMARY: Shire officers have recently become aware that Reserve 33704 for the purpose of ‘pipeline and water supply’ is unmanaged. The Reserve sits across the staff car park on the Haas Street side of the Shire Administration Building.

Given the location of the Reserve, this report recommends that Council seeks Management Orders in favour of the Shire of Broome for Reserve 33704 for the purpose of ‘car park, pipeline and water supply’.

BACKGROUND

Previous Considerations

Nil.

COMMENT

Shire officers have recently become aware that Reserve 33704 for the purpose of ‘pipeline and water supply’ is currently unmanaged. Reserve 33704 is located over the Shire car park and a section of park land adjacent to the Hass Street side of the Shire Administration Building (see Attachments 1 and 2).

The responsible agency for Reserve 33704 is the Water Corporation, however there are no Management Orders issued for the Reserve. Given that Reserve 33704 is directly over the Shire’s staff parking area, it is considered appropriate that the Shire seeks Management Orders for this reserve.

The reserve contains 2 critical water supply mains for which the Water Corporation is responsible. Therefore, Shire officers have commenced discussions with Water Corporation representatives in relation to the creation of an easement over this water infrastructure. While final confirmation has not been received from the Water Corporation that an easement arrangement will be acceptable, the formal steps required to pursue Management Orders for the reserve can be commenced in the meantime.

To have Management Orders issued in favour of the Shire of Broome for Reserve 33704, the Shire must write to the Department of Planning, Lands and Heritage (DPLH) requesting the Minister for Lands issue Management Orders in favour of the Shire of Broome.

It is therefore recommended that Council supports the Shire writing to the DPLH seeking the Minister for Lands issue Management Orders for Reserve 33704 in the favour of the Shire of Broome.

CONSULTATION

Department of Planning, Lands and Heritage

Water Corporation

The matter was discussed at the Yawuru Park Council Working Group meeting on 5 July 2017

STATUTORY ENVIRONMENT

Land Administration Act 1997 (WA)

Section 46. Care, control and management of reserves

(1) The Minister may by order place with any one person or jointly with any 2 or more persons the care, control and management of a reserve for the same purpose as that for which the relevant Crown land is reserved under section 41 and for purposes ancillary or beneficial to that purpose and may in that order subject that care, control and management to such conditions as the Minister specifies.

(2) The Minister may, with the consent of the management body of a reserve and of the holders of any interests within the reserve, by order vary any condition to which the care, control and management of the reserve is subject.

(3) The Minister may —

(a) by order confer on a management body power, subject to section 18, to grant a lease or sublease or licence over the whole or any part of the Crown land within the reserve in question for the purposes referred to in subsection (1); and

(b) approve a mortgage of any such lease.

(3a) The Minister may by order —

(a) without the consent of the management body of a reserve, vary —

(i) an order made under subsection (3)(a); or

(ii) an order made under section 33 of the repealed Act or section 42 or 43 of the Land Act 1898 ⁷that subsists as an order made under subsection (3)(a),

in relation to whether or not prior approval in writing of the Minister is required to a grant of a lease, sublease, or licence; or

(b) with the consent of the management body of a reserve, vary any other condition to which —

(i) an order made under subsection (3)(a); or

(ii) an order made under section 33 of the repealed Act or section 42 or 43 of the Land Act 1898 ⁷that subsists as an order made under subsection (3)(a),is subject.

(3b) The Minister’s approval under section 18 is not required for the exercise of a power conferred under subsection (3)(a) unless —

(a) the person on whom the power is conferred is —

(i) a body corporate that is constituted for a public purpose under an enactment and is an agency of the Crown in right of the State; or

(ii) a person referred to in subsection (10)(b),

and the order provides that the Minister’s approval under section 18 is required; or

(b) the person on whom the power is conferred is a person other than a person referred to in paragraph (a).

(4) If an unmanaged reserve is the subject of —

(a) a lease granted under section 47; or

(b) a licence, or a lease or profit à prendre, granted under section 48, or of any other interest in the unmanaged reserve, the Minister may under subsection (1) place the care, control and management of that reserve with a management body subject to that licence, lease or profit à prendre or other interest, the term of which continues unbroken by that placing.

(5) An order made under subsection (1), (2), (3) or (3a) does not create any interest in Crown land in the relevant reserve in favour of the management body of that reserve.

(6) If Crown land reserved under section 41 for the purpose of recreation is leased or subleased under a power conferred under subsection (3), the lessee or sublessee may, unless the terms of the management order or the lease or sublease otherwise provide, restrict public access to the area leased.

(7) A person with whom the care, control and management of a reserve is placed by order under subsection (1) has, by virtue of this subsection, the capacity, functions and powers to hold and deal with the reserve in a manner consistent with the order, any order conferring power on that person under subsection (3)(a) and this Act to the extent that the person does not already have that capacity or those functions and powers.

(8) Subsection (7) does not authorise a management body to perform a function or exercise a power if another enactment expressly prevents the person from performing that function or exercising that power, or expressly authorises another person to perform that function or exercise that power.

(9) Any instrument in relation to the care, control and management of a reserve entered into or given by a person holding an office referred to in subsection (10)(b)(i) or (iii) is taken to have been entered into or given by the person for the time being holding that office.

(10) In subsection (1), a reference to a person is a reference to —

(a) a person having perpetual succession;

(b) a person not having perpetual succession who is —

(i) a Minister to whom the Act specified in the relevant order is for the time being committed by the Governor; or

[(ii) deleted]

(ii) a person holding a prescribed office.

(11) If an order made under section 33 of the repealed Act subsists under clause 16(1) of Schedule 2 as if it were a management order under section 46(1), the Minister may by order vary that order to place the care, control and management of the reserve the subject of the order with a person referred to in subsection (10).

(12) An order made under section 46(1) before the coming into operation of section 12 of the Land Administration Amendment Act 2000 ¹may be varied by the Minister by order to place the care, control and management of the reserve the subject of the order with a person referred to in subsection (10).

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

There will be no direct additional costs to the Shire associated with accepting the Management Order for the currently unmanaged reserve. The reserve serves a pipeline and water supply purpose as well as parking for Shire officers and is currently maintained by the Shire.

RISK

Nil.

STRATEGIC IMPLICATIONS

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

Affordable services and initiatives to satisfy community need

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

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

Affordable and equitable services and infrastructure

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council requests that the Chief Executive Officer advise the Department of Planning, Lands and Heritage that it seeks Management Orders in favour of the Shire of Broome for Reserve 33704 for the purpose of ‘parking, pipeline and water supply’.

Attachments

1.	Reserve 33704
2.	Aerial image of Reserve 33704

Agenda – Ordinary Meeting of Council 19 October 2017 Page 67 of 620

9.2.3 CREATION OF RESERVE FOR DRAINAGE LOT 3164 ON DP 218011 – CORNER GANTHEAUME POINT AND GUBINGE ROADS

LOCATION/ADDRESS: Cnr Gantheaume Point and Gubinge Roads

APPLICANT: Nil

FILE: RES/GEN

AUTHOR: Land Tenure Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development and Community

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 19 September 2017

SUMMARY: Shire officers have recently become aware of a parcel of Unallocated Crown Land (UCL), being Lot 3164 on Deposited Plan 218011, located on the corner of Gantheaume Point and Gubinge Roads.

This report recommends that Council write to the Department of Planning, Lands and Heritage seeking creation of a reserve over this UCL lot for the purpose of ‘drainage’ with Management Orders in favour of the Shire of Broome.

BACKGROUND

Previous Considerations

Nil.

COMMENT

Shire officers have recently become aware of a parcel of Unallocated Crown Land (UCL), being Lot 3164 on Deposited Plan 218011, located on the corner of Gantheaume Point and Gubinge Roads (see Attachments 1 and 2).

The subject land is located opposite a culvert and serves a drainage function. Therefore, officers recommend that Council requests that a reserve be created over the subject land for the purpose of ‘drainage’, with Management Orders issued in favour of the Shire of Broome.

The Shire of Broome must write to the Department of Planning, Lands and Heritage (DPLH) requesting the Minister of Lands create the reserve. It is therefore recommended that Council write to the DPLH requesting that the Minister for Lands create the reserve for the purpose of ‘drainage’ with Management Orders in favour of the Shire of Broome.

CONSULTATION

Department of Lands

Yawuru Park Council Working Group

STATUTORY ENVIRONMENT

Land Administration Act 1997 (WA)

Section 46. Care, control and management of reserves

1) The Minister may by order place with any one person or jointly with any 2 or more persons the care, control and management of a reserve for the same purpose as that for which the relevant Crown land is reserved under section 41 and for purposes ancillary or beneficial to that purpose and may in that order subject that care, control and management to such conditions as the Minister specifies.

(3) The Minister may —

(b) approve a mortgage of any such lease.

(3a) The Minister may by order —

(a) without the consent of the management body of a reserve, vary —

(i) an order made under subsection (3)(a); or

(ii) an order made under section 33 of the repealed Act or section 42 or 43 of the Land Act 1898 ⁷that subsists as an order made under subsection (3)(a),

in relation to whether or not prior approval in writing of the Minister is required to a grant of a lease, sublease, or licence; or

(b) with the consent of the management body of a reserve, vary any other condition to which —

(i) an order made under subsection (3)(a); or

(ii) an order made under section 33 of the repealed Act or section 42 or 43 of the Land Act 1898 ⁷that subsists as an order made under subsection (3)(a),is subject.

(3b) The Minister’s approval under section 18 is not required for the exercise of a power conferred under subsection (3)(a) unless —

(a) the person on whom the power is conferred is —

(i) a body corporate that is constituted for a public purpose under an enactment and is an agency of the Crown in right of the State; or

(ii) a person referred to in subsection (10)(b),

and the order provides that the Minister’s approval under section 18 is required; or

(b) the person on whom the power is conferred is a person other than a person referred to in paragraph (a).

(4) If an unmanaged reserve is the subject of —

(a) a lease granted under section 47; or

(5) An order made under subsection (1), (2), (3) or (3a) does not create any interest in Crown land in the relevant reserve in favour of the management body of that reserve.

(10) In subsection (1), a reference to a person is a reference to —

(a) a person having perpetual succession;

(b) a person not having perpetual succession who is —

(i) a Minister to whom the Act specified in the relevant order is for the time being committed by the Governor; or

[(ii) deleted]

(ii) a person holding a prescribed office.

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

There will be no direct costs to the Shire associated with accepting the Management Orders for the new reserve as the subject land currently serves a natural drainage purpose and therefore does not require any additional works at this stage.

RISK

Nil.

STRATEGIC IMPLICATIONS

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

Affordable services and initiatives to satisfy community need

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

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

Affordable and equitable services and infrastructure

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council requests that the Chief Executive Officer write to the Department of Planning, Lands and Heritage requesting the creation of a reserve over Unallocated Crown Land, being Lot 3164 on Deposited Plan 218011, for the purpose of ‘drainage’ with Management Orders in favour of the Shire of Broome.

Attachments

1.	Lot 3164 DP 218011
2.	Aerial image of Lot 3164 DP 218011

9.2.4 FINAL ADOPTION OF LOCAL COMMERCIAL STRATEGY

LOCATION/ADDRESS: N/A

APPLICANT: N/A

FILE: PLA20

AUTHOR: Senior Planning Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development and Community

DISCLOSURE OF INTEREST: Nil.

DATE OF REPORT: 27 September 2017

SUMMARY: At the Ordinary Meeting of Council on 27 July 2017, Council resolved to advertise the draft Local Commercial Strategy (LCS) for public comment. The LCS was subsequently advertised over a 42 day period between 3 August and 15 September 2017, with 1 submission received from LandCorp in support of the Strategy.

This report recommends that Council adopt the LCS as released for public comment with no modifications.

BACKGROUND

Previous Considerations

OMC 27 April 1999 Item 6.2

OMC 1 August 2006 Item 9.3.4

OMC 22 March 2007 Item 9.3.5

OMC 24 November 2016 Item 9.2.5

OMC 27July 2017 Item 9.2.4

Role of Local Commercial Strategy

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

The review of the LCS is one of the actions identified in the Shire’s Corporate Business Plan 2017-2021. Importantly, the updated LCS will be an informing strategy as it will inform the upcoming review of the Shire’s Local Planning Strategy (Strategy) and Local Planning Scheme No.6 (LPS6) which is scheduled to occur over the 2018/19 and 2019/20 financial years.

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

Preparation of revised Local Commercial Strategy

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

In light of this, it was recommended by officers that the review of the LCS be brought forward to the 2017/18 financial year to allow for a holistic retail and commercial demand assessment that reflects current circumstances and the objectives of the Shire’s various strategic documents. At the Ordinary Meeting of Council (OMC) on 24 November 2016, Council resolved that the Shire enter into an agreement with LandCorp to share the cost of a review of the Shire’s 2007 LCS. Geografia was subsequently engaged by the Shire as the successful consultant, and, further to the completion of a retail and commercial floor-space demand assessment and interviews with key stakeholders, the draft LCS was presented to the 27 July 2017 OMC for adoption for advertising.

To ensure that the planning framework will appropriately inform land use decisions, the review of the LCS has incorporated:

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

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

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

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

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

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

Commercial land use audit

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

Analysis of retail and commercial expenditure

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

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

Stakeholder engagement and Public Consultation

The preparation of the revised LCS has been undertaken in accordance with a Stakeholder Engagement Plan (SEP) prepared by Geografia and submitted to the Shire in March 2016. Engagement has involved interviews with some 13 key stakeholders, a public workshop attended by 15 community members, and an on-line survey distributed by the Broome Chamber of Commerce in which 50 completed responses were received by member businesses. The LCS was subsequently advertised for public comment over a 42 day period between 3 August and 15 September 2017, with 1 submission received (refer Attachment 2).

COMMENT

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

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

· Chinatown/Town Centre

· Broome Boulevarde

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

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

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

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

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

Recommended changes to the planning framework

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

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

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

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

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

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

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

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

· Amend or replace the Millington Road Development Plan.

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

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

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

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

Public Consultation – Schedule of Submissions

The draft LCS was advertised in the Broome Advertiser on 3 August 2017 inviting submissions by close of business on 15 September 2017. One submission was received from LandCorp (refer Attachment 2), registering support for the stated objectives and recommendations of the LCS.

Conclusion

Based on insights from key stakeholders and quantitative analysis of population trends and commercial expenditure data, the findings and recommendations of the revised LCS present a strategic approach to commercial land-use and development in the medium to long-term. It is therefore recommended that Council resolve to adopt the LCS without modification.

CONSULTATION

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

Following the adoption of the LCS for advertising, which occurred at the 27 July 2017 OMC, the following consultation was undertaken:

· Written invitations to comment on the draft LCS emailed to key stakeholders;

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

· Draft LCS document displayed at the Shire administration building and Library.

The draft LCS was advertised for public comment between 3 August 2017 and 15 September 2017 during which time 1 submission was received.

STATUTORY ENVIRONMENT

Planning & Development Act 2005

Planning & Development (Local Planning Schemes) Regulations 2015

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

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

RISK

There is a risk that should Council resolve not to adopt the LCS the project will not meet timeframes agreed to in the agreement entered into with LandCorp. The risk of the project not meeting the agreed timeframes should Council not resolve as recommended is considered ‘High’.

STRATEGIC IMPLICATIONS

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

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

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

Affordable land for residential, industrial, commercial and community use

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

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council adopts the Local Commercial Strategy as shown in Attachment 1.

Attachments

1.	Local Commercial Strategy
2.	Schedule of Submissions

Agenda – Ordinary Meeting of Council 19 October 2017 Page 176 of 620

9.2.5 ADOPTION OF THE CABLE BEACH FORESHORE MASTER PLAN

LOCATION/ADDRESS: Cable Beach Foreshore (Reserve 36477)

APPLICANT: Nil

FILE: PLA98, RES 36477

AUTHOR: Strategic Planning Coordinator

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development and Community

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 28 September 2017

SUMMARY: At the Ordinary Meeting of Council on 29 June 2017, Council resolved to advertise the draft Cable Beach Foreshore Master Plan (CBFMP) for public comment. The purpose of the CBFMP is to provide a long-term vision for the Cable Beach foreshore area and to be used as a tool to facilitate investment in community infrastructure through municipal funds, grants and public and private partnerships.

The draft CBFMP was advertised for 42 days, closing on 25 August 2017. The Shire received a total of 21 submissions.

This report recommends that Council adopt the Cable Beach Foreshore Master Plan with some minor modifications.

BACKGROUND

Previous Considerations

OMC 28 April 2016 Item 9.1.1

OMC 28 July 2016 Item 9.2.1

OMC 27 October 2016 Item 9.2.5

OMC 29 June 2017 Item 9.2.1

Cable Beach Development Strategy

Since the late 1990s the Shire has recognised the need to undertake coordinated land use planning for the Cable Beach Precinct. This originally took the form of the Cable Beach Tourist Node Structure Plan (1998) followed by a number of strategies and plans. The most recent is the Cable Beach Development Strategy (CBDS), which was adopted at the Ordinary Meeting of Council (OMC) on 28 July 2016. It provides guidance for future land use and development within the Cable Beach tourist district, and includes recommendations for how the Shire and its relevant partners can work together to achieve the objective of the Local Planning Strategy. One of the recommendations identified within the CBDS was for a Foreshore Master Plan to provide a vision for the Cable Beach Foreshore Reserve at a sufficient level of detail to seek funding for its implementation.

The following ‘Shire of Broome Directions’ were identified within the CBDS, subject to budget and resourcing:

3.8.2 Shire of Broome Direction – Public Realm

1. Prepare a Foreshore Master Plan for the Cable Beach Foreshore Reserve (Reserve 36477) that explores the concepts outlined in the Concept Plan and provides a detailed basis for undertaking improvements in the public realm.

Cable Beach Foreshore Master Plan

In September 2016, the Shire engaged UDLA to prepare a Master Plan for the Cable Beach foreshore area and adjacent portions of the Cable Beach Road West Road Reserve. The draft Master Plan considers, in greater detail, the concept designs that formed part of the CBDS. It is intended that the Master Plan will provide a long-term vision for the Cable Beach foreshore area and be used as a tool to facilitate investment in community infrastructure through municipal funds, grants, and public and private partnerships.

At the OMC on 29 June 2017, Council resolved as follows:

COUNCIL RESOLUTION:

(REPORT RECOMMENDATION)

Moved: Cr D Male Seconded: Cr M Fairborn

That Council receives the draft Cable Beach Foreshore Master Plan and requests the Chief Executive Officer to advertise the document for public comment for a period of 42 days.

CARRIED UNANIMOUSLY 7/0

The Cable Beach Foreshore Master Plan (Master Plan) includes the following elements:

Formalise main entry to Cable Beach

Currently, there is a lack of clarity as to where the main entry into Cable Beach is located. Visitors travelling up Cable Beach Road West and Sanctuary Road receive limited visual clues that they are within 100 metres of one of the world’s most iconic beaches. First time visitors are drawn to the car park outside Zanders restaurant simply because that is where the road terminates. It is also the location of the Town Bus stop. As a result, the Zanders’ car park is full in peak season, whilst the Surf Club car park is often largely vacant.

Once visitors have arrived at Cable Beach, there is no clear pathway to direct them to the beach. A variety of access points are provided, including three sets of stairs that are not universally accessible, a ramp near the Surf Club that is for emergency 4-wheel drive access, and an informal path adjacent to the vehicle access ramp near the amphitheatre.

In response, the draft Master Plan includes a number of public realm improvements to enhance arrival at Cable Beach for locals and tourists. A new public art feature in the roundabout is proposed to highlight the precinct night and day. New plantings along Cable Beach Road West and Sanctuary Road will establish a ‘sense of arrival’, increase amenity and provide shade to pedestrians and cyclists. A new pedestrian footpath to the south of the carpark will ensure that pedestrians can walk to the beach without traversing through the car park.

Enhance functionality and amenity of the drainage sump

At present, the area north of the Surf Club car park functions as a drainage basin which detains stormwater runoff from a large catchment. This drainage function is important; however, the area is unsightly and not used by the public. As part of the main entry into Cable Beach, this area will be enhanced to provide an engaging and attractive welcome to the foreshore.

It is proposed that the drainage sump will be removed to enable the consolidation of the car parking area, and replaced by a smaller drainage basin to the south of the site. This will be linked to existing underground pipes via new underground concrete pipes. Some southern areas of the proposed carpark could be set at lower levels in order to provide more compensating volume for larger storm events.

The design incorporates overland flow paths through the proposed carpark to the north to convey water onto Cable Beach during large storm events. The potential upgrade of the existing stormwater swale to the south of the site could be considered to better treat stormwater runoff prior to it discharging onto Cable Beach. These upgrades could include bio-retention landscaping and flow dissipation devices.

As part of the future design, further detailed drainage modelling will be required to confirm impacts of drainage modifications as well as drainage infrastructure locations and sizes. It is also likely water quality modelling will be required to assess proposed water treatment techniques.

Manage coastal hazard risk

The sand dunes along the Cable Beach Foreshore are badly eroded and have not experienced substantial recovery since Cyclone Rosita in 2000. Moreover, the Coastal Vulnerability Study received by Council on 30 June 2016 identifies that the foreshore area is at extreme risk from future coastal erosion, and it is recommended as part of the Shire’s Coastal Hazard Risk Management and Adaptation Plan (CHRMAP) that this portion of the coast be protected by a buried seawall spanning approximately 500 metres from the main headland feature at the north of the beach to the dune at the south of the Surf Club. The Master Plan has factored the buried sea wall into the design.

Vehicle access to Cable Beach

The current location of the vehicle access ramp onto Cable Beach is not ideal as vehicles have to drive over the exposed rocks which are culturally sensitive to the Yawuru people. It also creates a division between the foreshore area and the Cable Beach Amphitheatre, which at times makes it very difficult for individuals to move from one area to another.

As part of the engagement process, three alternative locations were examined. It was generally agreed that until more detailed heritage, engineering and environmental information is available, the existing vehicle access will remain.

The Master Plan proposes some adjustments to the alignment of the vehicle access to improve sightlines and reduce congestion. Should 4WD access be relocated elsewhere in the future, the Beach Park would only require minor changes and its function will not be affected.

Upgrades to the Amphitheatre

The orientation of the lawn terraces to the north-east of the foreshore area are not conducive to sunset or coastal viewing, whilst a large portion of the foreshore area rises to the west, which limits the view and experience of the coast from all but the western edge of the foreshore precinct.

The Master Plan proposes a reconfigured space that regrades the open space to provide greater access to ocean views, creating an amphitheatre environment with sunset backdrop. The northern portion of existing car park will be reclaimed as parkland, with planting to provide shade and add to the overall amenity.

Universal design

The existing pedestrian path at the top of the cliffs requires improvement. A Disability Access Audit undertaken by the Shire in 2014 indicated that the path is not wide enough for comfortable passing and had no rest areas or seating. A conceptual new path and handrail has been designed and integrated into the Master Plan.

The Disability Access Audit noted that amenities provided along the foreshore such as drinking fountains, seating and picnic tables are not universally accessible. This is to be rectified through any foreshore improvements. There is also opportunity to provide more aesthetically pleasing seating with shade, a barbeque for public use and exercise equipment.

The Master Plan includes the regrading of a beach promenade and the existing open space environment to ensure universal access to the beach and a wider foreshore area. Generous footpath widths will create a boulevard feel and reduce the conflict between cyclists, pedestrians and other forms of mobility impaired transport. It is understood that this would be supported by appropriate wayfinding signage that could be developed as part of the detailed design stage.

Surf Club redevelopment

The existing Surf Club building is aged and does not present an appealing frontage to the car park area. It was previously identified in the CBDS that redevelopment of the Surf Club is required, creating a multi-purpose facility with a commercial kitchen and potentially a small commercial enterprise such as a cafe to increase usage by the general public.

The Master Plan includes plans for a redeveloped Surf Club, consistent with the design presented to Council by the Surf Club on 15 December 2015. The Master Plan also proposes that public fitness equipment and a lawn space to suit outdoor fitness groups be established adjacent to the Surf Club.

Promote public trading activities

A small number of commercial tenancies are proposed to activate the foreshore area. The existing raised lawn and vegetated terraces to the north of the Surf Club present an opportunity to develop some new commercial tenancies. The elevated position of this site is considered to deliver exceptional views to the beach, ocean and horizon.

It is envisaged that these tenancies would activate the southern end of the promenade, provide retail diversity and greatly assist in creating a vibrant destination throughout the day and into the evening. In the short term, this location could be utilised to explore temporary short term ‘pop-up’ traders and activation opportunities.

Backpacker area

Broome is widely known as a popular destination for backpackers, however backpacker accommodation within Broome is limited, and public car parks in Cable Beach are often used illegally as camp grounds. This detracts from the existing amenity and leads to complaints from both residents and tourists.

The opportunity to include a formalised backpacker camping facility was considered by the design team and was raised as part of the stakeholder reference group workshop process. However, this was not supported due to the potential conflict with surrounding uses (such as hostels, hotels and caravan parks). Upon review, the consultant team have recommended that the backpacker camping area does not form part of the Master Plan due to the potential adverse impact on amenity, space limitations, operational considerations and compatibility with surrounding land uses.

The Master Plan proposes that the foreshore area include a number of day facilities including BBQs, drink fountains, showering areas and shade structures. In addition, the day use area at the trail head park incorporates adjacent parking for caravans and motorhomes, providing a location for people to recreate and visit the beach while having access to cooking and other facilities in their vehicles.

Car parking analysis and reconfiguration

There are currently two large expanses of car parking located within proximity to Cable Beach. The car parking located in front of the Cable Beach Club services people using Zanders Restaurant and the Sunset Bar as well as the Cable Beach Amphitheatre and foreshore area. This car park is more frequently used than the car parking provided at the bottom of the Surf Club.

It is considered that the public realm in front of the Cable Beach Club is incongruent with the tropical setting that many people expect when they arrive to a world-famous beach entry. In response, the Master Plan proposes the replacement of the northern car park with landscaped gardens, and infilling of the drainage sump to the south to provide additional car parking. The reconfigured car parking space will provide the same amount of car parking as the current layout.

Cultural interpretation and tourism

The Yawuru people are the native title holders of the town of Broome. The Master Plan acknowledges the Yawuru people’s strong connection to Country, noting that Yawuru should be involved in developing themes, locations and types of artwork and interpretation for the foreshore area. Representatives from Nyamba Buru Yawuru Ltd were included in the Stakeholder Working Group and will continue to play an important role in the development/implementation of the Master Plan.

COMMENT

The 42 day advertising period closed on 25 August 2017. During this time, a total of 21 submissions were received which are set out in the Schedule of Submissions (see Attachment 1). Submissions were received from:

· Local residents

· Nyamba Buru Yawuru Ltd

· Broome Camp School

· Pearl Town Bus Service

· Tourists / visitors

A detailed review of the submissions and the officers’ comments are included in Attachment 1. In summary, the submissions received related to the following:

· Items which will be addressed as part of detailed design (type of plants, recreation facilities, materials to be used);

· Cultural considerations including:

o Yawuru people recognised as the native title holders;

o Use of Yawuru naming and interpretation;

o Recognition of Aboriginal Heritage Act 1972 (WA) and Native Title Act 1993 (Cth) and other relevant legislation when undertaking works in the area;

· Drainage;

· Vehicle access north of Cable Beach;

· Additional commercial opportunities and day-use facilities;

· Back packer area / use; and

· Car park / bus parking.

The majority of the submissions received related to detailed design elements and therefore do not require modifications to the Master Plan. As the Master Plan is a concept plan, if funding is made available then further detailed designs will need to be undertaken for each element and engagement with key stakeholders will occur at that point.

The following modifications have been made to the Master Plan in relation to the comments received:

· Section 1.3 – the Site, has been updated to include a new paragraph which reads as follows ‘Cable Beach is traditionally known as Walmanyjun by the Yawuru native title holders. This name is derived from the Bugarringarra when the creative forces shaped and gave meaning and form to the landscape, giving language to the people in those landscapes, and creating protocols and laws for living in this environment (Yawuru Registered Native Title Body Corporate, 2011)’.

· Throughout the report reference to Yawuru as ‘traditional owners’ has been changed to ‘native title holders’.

· Section 3.11 – Yawuru Involvement in Cable Beach Masterplan, has been updated to include an additional dot point which reads ‘future signage and interpretation implemented is to involve the Yawuru native title holders and is to reference the traditional name of Cable Beach, being Walmanyjun.

· Figure 4 of the Master Plan has been updated to decrease the density of the plantings in front of the camp school.

An updated version of the Master Plan which reflects the above changes is provided in Attachment 2.

Overall the Master Plan was well received during the public consultation period. It is considered that the Master Plan will provide guidance to deliver positive public realm improvements and will assist in seeking future grant funding for the Precinct. It is therefore recommended that the Master Plan is adopted by Council.

CONSULTATION

Substantial public consultation was undertaken as part of the CBDS, and to avoid ‘consultation fatigue’ it was considered that there would be limited value in undertaking further high-level visioning at a community level prior to a draft Master Plan being developed.

Instead, the Master Plan was developed through a participatory design approach, which included the establishment of a stakeholder working group (for a list of representatives see page 15 in Attachment 2) and a Shire of Broome officers group. Two workshops were undertaken with each of the respective groups. The direction and ideas obtained from the first workshops formed the basis for an initial draft Master Plan, which was presented, critiqued and discussed in the second round of workshops in order to determine the agreed draft design.

In the second round of workshops, there was broad support for the direction of the Master Plan, with requests for more investigation around functional aspects such as event operation and capacity, further drainage investigations as well as more detailed queries relating to the final look and feel of the Precinct. In response, the design was tweaked to reflect comments in workshops and further drainage studies were undertaken to understand the impact of drainage sump removal.

Following the OMC on 29 June 2017, the Master Plan was advertised for a total of 42 days, which included the following:

· Advertisement in the local newspaper;

· Posting on the Shire’s social media platform;

· Community information day whereby the project team members sought feedback from the public and were available to answer any questions in relation to the Master Plan;

· Media release through the media and promotions officer;

· A copy of the Master Plan was placed at reception at the Shire’s administration office, library and at the Chinatown Revitalisation Office;

· Signage display at Cable Beach; and

· Letters sent to landowners located within, and adjacent to, the Master Plan area.

STATUTORY ENVIRONMENT

Local Government Act 1995

Planning and Development Act 2005

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

The adoption of the Master Plan will not commit Council to any financial expenditure.

Detailed feasibility and further work to realise the Master Plan will require consideration and prioritisation by Council through the review of the Strategic Community Plan and Corporate Business Plan, as well as by individual departments through the annual budgeting process. The timeframe for implementing actions will be contingent on funding availability (including, where relevant, grant funding) and staffing levels.

RISK

Without a clear strategic direction from Council there is a risk that the Shire will not be able to access funding to undertake public realm improvements. The Foreshore is the main recreational space utilised by visitors to Broome and continued investment will be required to ensure the public facilities are of a high quality. The risk that the Shire will not be able to maintain Cable Beach to the standard required of a world class tourism destination without an overarching guiding plan in place is considered “High”. The adoption of the Master Plan will provide a guiding plan the Shire can use to secure funding and inform the prioritisation of public realm improvements.

STRATEGIC IMPLICATIONS

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

Affordable services and initiatives to satisfy community need

Accessible and safe community spaces

Participation in recreational and leisure activity

A healthy and safe environment

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

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

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

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

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

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

Effective community engagement

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council adopts the Cable Beach Foreshore Master Plan as contained in Attachment 2.

Attachments

1.	Schedule of submissions
2.	Cable Beach Foreshore Master Plan

Agenda – Ordinary Meeting of Council 19 October 2017 Page 277 of 620

9.2.6 ANNUAL PRE CYCLONE CLEAN UP

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: ADC08

AUTHOR: Director Infrastructure

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Infrastructure

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 19 October 2017

SUMMARY: At the Ordinary Meeting of Council (OMC) held on the 28 September 2017, Cr Foy presented a petition from Nadia Rebasti, requesting that the ‘Shire of Broome reinstate the annual cyclone clean up of Broome’.

This report tables the petition for Council consideration.

BACKGROUND

Previous Considerations

COMMENT

At the OMC held the 28 September 2017, Cr Foy presented a petition from Nadia Rebasti, requesting that the ‘Shire of Broome to reinstate the annual cyclone clean up of Broome’. A copy of the petition is included as Attachment 1 in this report.

After receiving the petition at the 28 September 2017 OMC, officers verified that out of the 238 signatures, 142 were electors (identified on the 2015 WAEC Certified Residents Roll or Certified Shire of Broome Owner Occupiers Roll), 7 were ratepayers (not identified on either roll however are property owners) with 89 not verified on the electoral roll and not identified as an individual ratepayer.

At the budget discussion in the lead up to Council’s adoption of the 2017/18 budget, the discontinuance of the annual pre-cyclone clean up was discussed. Factors considered were the escalating costs of providing the service and the nature of the waste that has historically been collected, which comprised items that would not ordinarily be a safety consideration in the event of a cyclone.

In relation to the financial cost of undertaking the annual pre-cyclone clean up, there has been a consistent increase in the total cost in more recent years due to the nature of the waste giving rise to a greater need for plant and equipment resources and the increasing volumes of waste.

Description	2012/13 Full Year Actuals $	2013/14 Full Year Actuals $	2014/15 Full Year Actuals $	2015/16 Full Year Actuals $	2016/17 Full Year Actuals $
Tip Fees	53,451	59,241	52,748	46,928	75,943
Collection Costs	88,821	94,810	101,905	120,247	168,554
Total Annual Cost	142,272	154,051	154,653	167,175	244,497

In the deliberations during the budgeting process it was understood that there was a need for some mechanism to be put in place to provide the residents of Broome with a way of disposing of their waste in a responsible way. The solution that was ultimately endorsed was to have 2 free tip weekends prior to the cyclone season with these scheduled to be held on 14-15 and 28-29 October 2017 in addition to the 6-rubbish tip entry passes currently provided together with the rates notices.

The waste that will be able to be disposed of for free by members of the public on the free tip days is the same type of waste that has in previous years been accepted as part of pre-cyclone clean up.

The waste types include white goods, scrap iron, other waste metals, empty tins, furniture and mattresses, E-waste household electrical items.

Waste that will not be able to be disposed of for free includes tyres, batteries, car parts, gas bottles, asbestos, oil, paint, liquid waste, chemical or hazardous waste, commercial building materials, flares and fire extinguishers. Waste of this nature, will be charged in accordance with the Council’s adopted fees and charges.

Cited reasons for the petition was that ‘not everyone can access a trailer or can afford to hire one’. By way of background the cost of hire a trailer for the day based on local hire outlets in Broome is approximately $60 per day. Members of the public that do not own their own trailer would therefore have to rely on others or hire a trailer on the weekends that the tip was opened free of charge.

The second reason stated is that if there is not a clean-up, people will dump more rubbish and white goods into the ‘local bushland’. This is a concern and to mitigate this issue, the waste facility will be open on 2 separate weekends free of charge to the residential public. It is noted that for waste to be dumped in the bush this would require the waste to be transported there. It is felt that the free open days will reduce the likelihood of such behaviour. Illegal dumping is a Shire-wide concern which is not linked to the pre-cyclone clean up. The reintroduction of an annual pre-cyclone clean up will not ensure that the white goods are not illegally dumped in the future.

It should also be noted that residents can take their green waste to the tip on any day throughout the year for free and as such this type of waste has not been collected in the more recent annual pre-cyclone collections.

It is recommended that Council note the received petition, however not reintroduce the pre-cyclone clean up.

CONSULTATION

Nil

STATUTORY ENVIRONMENT

Local Government Act 1995

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATION

Budgeting for the pre-cyclone clean up has been inherently difficult given the unknown quantity of waste, its location and the plant and equipment that will be needed. That being said historically costs have been increasing consistently from year to year. Last years cost was $244,497. Council has not budgeted for this expenditure in 2017/18.

RISK

There is a risk if collections are not made that illegal dumping could result however this is mitigated by the tip opening free of charge for 2 weekends for those items that have previously been collected in the pre-cyclone collection.

STRATEGIC IMPLICATIONS

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

Affordable services and initiatives to satisfy community need

Accessible and safe community spaces

A healthy and safe environment

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

Council is able to mobilise resources to deliver municipal service to indigenous communities that are compliant, effective and within Council’s capacity.

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

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

Responsible resource allocation

Improved systems, processes and compliance

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council:

1. Notes the petition received by Nadia Rebasti as contained in Attachment 1; and

2. Not reinstate the pre-cyclone clean up on the basis of financial implications and the additional measures put in place to have the Waste Facility open for two weekends free to the residential public to dispose of the same type of waste that has previously been collected.

Attachments

1.	Signed Petition

9.2.7 MEMORIAL SEAT AT OLD BROOME JETTY

LOCATION/ADDRESS: Nil

APPLICANT: Elsta Foy

FILE: RES 31340

AUTHOR: Director Infrastructure

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Infrastructure

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 5 October 2017

SUMMARY: The Shire has received a request from Elsta Foy to install a seat at Town Beach in memorial of her recently passed son. An offer has been received from a community member to fund the installation of this memorial to negate any financial implications of the proposal to the Shire of Broome. This report seeks endorsement from Council to proceed with the investigations into a suitable style and location for the proposed memorial.

BACKGROUND

Previous Considerations

Nil

Elsta Foy has requested to have a seat in memory of her son, installed at Town Beach in the location of the groyne area where her son Ronald Foy used to often spend his evenings looking over the ocean.

COMMENT

Investigations are currently underway to progress the design works in accordance with the Town Beach Masterplan. The location of the memorial seat will need to be considered in association with these investigations and any other project that may be associated with the Masterplan.

The design and construction of the seat will need to meet any relevant design standard with relation to public safety.

Council’s Corporate Business Plan includes the construction of a Fishing Platform which will extend approximately 120 metres off the end of the groyne at Town Beach. The design works are expected to be completed by December 2017 and staff are in discussions with funding partners to enable the Fishing platform to be constructed in the next 2 years. Given that the full width of the groyne will be required as part of the Fishing Platform project consideration, the additional seat may need to be adjacent to the groyne area.

There are existing tables and seats in the Town Beach Reserve, however there would be space to locate an additional seat if that was the wish of Council. It is noted that an offer to pay all costs associated with the instalment of the seat has been made by a community member. Nevertheless, Council should be cognisant that approval of the proposal will set a precedent.

It is recommended that the seat be allowed to be supplied and installed within the Town Beach Reserve, on the basis that the seat fits in with the amenity of the area, is appropriate for public use and at no cost to Council.

CONSULTATION

Nil

STATUTORY ENVIRONMENT

Nil

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

There has been an offer from a community member to pay for the cost of the proposed seat works which would mean that there will be no financial implications apart from officer’s time investigating a suitable design and location of the memorial seat.

RISK

There is no risk if the seat was not to be installed at Town Beach.

If Council support the installation of a seat at Town Beach for the purpose of a memorial for Ronald Foy there is the consideration or potential risk of creating a precedent for future requests in similar circumstances.

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

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

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council:

1. Supports the request from Elsta Foy to install a memorial seat at Town Beach on the basis of no cost to Council;

2. Accepts the offer from the community member to fund the installation of the memorial;

3. Requests the Chief Executive Officer to investigate a suitable design for the memorial seat that meets all required standards and is suitable to include in the Shire Asset Register; and

4. Requests the Chief Executive Officer to investigate a suitable location for the memorial seat that meets the requirements of the Town Beach Master Plan and will compliment the future development within the precinct.

Attachments

1.	Email Request - Elsta Foy

Agenda – Ordinary Meeting of Council 19 October 2017 Page 284 of 620

9.4.1 MONTHLY PAYMENT LISTING - SEPTEMBER 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 October 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 September 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 September 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 September 2017 totalling $8,946,629.54 (Attachment 1) in accordance with the requirements of Regulation 12 of the Local Government (Financial Management) Regulations 1996 covering:

• EFT Vouchers 42087 – 42504 totalling $8,725,141.28;

• Municipal Cheque Vouchers 57480 – 57487 totalling $58,782.98;

• Trust Cheque Voucher 3438 - 3439 totalling $1,819.15; and

• Credit Card Payments & Municipal Direct Debits DD23079.3 – DD23220.10 totalling $160,886.13.

Attachments

1.	Payment Listing September 2017

Agenda – Ordinary Meeting of Council 19 October 2017 Page 311 of 620

9.4.2 MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT SEPTEMBER 2017

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: FRE02

AUTHOR: Senior Finance Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 10 October 2017

SUMMARY: Council is required by legislation to consider and adopt the Monthly Statement of Financial Activity Report for the period ended 30 September 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 25.21%

Total Rates Raised Revenue 100% (of which 63.2% has been collected)

Total Other Operating Revenue 38%

Total Operating Expenditure 21%

Total Capital Revenue 33%

Total Capital Expenditure 6%

Total Sale of Assets Revenue 9%

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 Annual financial Statements for the Shire of Broome are to be adopted shortly. Once adopted, there will likely be amendments to the budget to account for the 16/17 surplus. Once they have been processed, there will 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 30 September 2017; and

2. Receives the General Fund Summary of Financial Activity (Schedules 2-14) for the period ended 30 September 2017.

Attachments

1.	MONTHLY FINANCIAL ACTIVITY STATEMENTS REPORT - SEPTEMBER 2017
2.	SUMMARY SCHEDULE
3.	SCHEDULE 3 - 14

Item 9.4.2 - MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT SEPTEMBER 2017

PDF Creator

Agenda – Ordinary Meeting of Council 19 October 2017 Page 424 of 620

9.4.3 ANNUAL REPORT 2016/2017

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: ADM42

AUTHOR: Manager Governance

CONTRIBUTOR/S: Media and Promotions Officer

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 28 September 2017

SUMMARY: This report recommends that Council accepts the Draft 2016/2017 Annual Report and considers a date for convening the Annual Electors Meeting

BACKGROUND

Previous Considerations

Nil.

COMMENT

Section 5.53(1) of the Local Government Act 1995 (LGA) requires local governments to prepare an Annual Report for each financial year. The report summarises the year’s highlights and achievements, and includes major initiatives that are proposed to commence or to continue in the next financial year.

Section 5.53(2) of the LGA specifies the content of the Annual Report is to contain:

a) a report from the mayor or president;

b) a report from the CEO;

c) an overview of the plan for the future of the district made in accordance with section 5.56, including major initiatives that are proposed to commence or to continue in the next financial year;

d) the financial report for the financial year;

e) such information as may be prescribed in relation to the payments made to employees;

f) the auditor’s report for the financial year;

g) a matter on which a report must be made under section 29(2) of the Disability Services Act 1993;

h) details of entries made under section 5.121 during the financial year in the register of complaints, including –

(i) the number of complaints recorded in the register of complaints;

(ii) how the recorded complaints were dealt with; and

(iii) any other details that the regulations may require; and

i) such other information as may be prescribed.

In addition, the State Records Commission Standard 2 requires certain information to be included in the Annual Report.

Section 5.54(1) of the LGA requires the Annual Report for a financial year to be accepted by absolute majority no later than 31 December after the reported financial year.

Section 5.27 (2) of the LGA requires the Annual Electors meeting to be held within 56 days of the Annual Report for the previous financial year being accepted by Council. Should Council accept the draft Annual Report, an Annual Electors Meeting is required to be held no later than 14 December 2017. This report recommends the Annual Electors Meeting is held Thursday 14 December 2017 commencing at 4.00pm which is prior to the December Ordinary Meeting of Council.

The attached Annual Report 2016/2017 is in draft format. Following acceptance by Council, arrangements will be made for the final production of the report for availability prior to the Annual Electors Meeting. A copy will also be available on the Shire’s website.

The 2016/2017 Annual Financial Report was considered by the Audit Committee at its meeting held 16 October 2017, with the outcome contained in a separate agenda item included for Council consideration at the October ordinary meeting.

CONSULTATION

Consultation on the Annual Report will be undertaken through the presentation of the Report to the Annual General Meeting of Electors.

STATUTORY ENVIRONMENT

Local Government Act 1995

Division 5 – Annual reports and planning

5.53 Annual Reports

(1) The local government is to prepare an annual report for each financial year.

(2) The annual report is to contain –

(a) a report from the mayor or president;

(b) a report from the CEO;

(c) and (d) deleted

(e) an overview of the plan for the future of the district made in accordance with section 5.56, including major initiatives that are proposed to commence or to continue in the next financial year;

(f) the financial report for the financial year;

(g) such information as may be prescribed in relation to the payments made to employees;

(h) the auditor’s report for the financial year;

(ha) a matter on which a report must be made under section 29(2) of the Disability Services Act 1993;

(hb) details of entries made under section 5.121 during the financial year in the register of complaints, including –

(i) the number of complaints recorded in the register of complaints;

(ii) how the recorded complaints were dealt with; and

(iii) any other details that the regulations may require; and

(i) such other information as may be prescribed.

5.54 Acceptance of annual reports

(1) Subject to subsection (2), the annual report for a financial year is to be accepted* by the local government no later than 31 December after that financial year.

*Absolute majority required.

(2) If the auditor’s report is not available in time for the annual report for a financial year to be accepted by 31 December after that financial year, the annual report is to be accepted by the local government no later than 2 months after the auditor’s report becomes available.

5.55 Notice of annual reports

The CEO is to give local public notice of the availability of the annual report as soon as practicable after the report has been accepted by the local government.

5.56 Planning for the future

(1) A local government is to plan for the future of the district.

(2) A local government is to ensure that plans made under subsection (1) are in accordance with any regulations made about planning for the future of the district.

Division 2 – Council meetings, committees and their meetings and elector’s meetings

Subdivision 4 – Electors’ meetings

5.27 Electors’ general meetings

(1) A general meeting of the electors of a district is to be held once every financial year.

(2) A general meeting is to be held on a day selected by the local government but not more than 56 days after the local government accepts the annual report for the previous financial year.

(3) The matters to be discussed at general electors’ meetings are to be those prescribed.

5.29. Convening electors’ meetings

(1) The CEO is to convene an electors’ meeting by giving -

(a) at least 14 days’ local public notice; and

(b) each council member at least 14 days’ notice,

of the date, time, place and purpose of the meeting.

(2) The local public notice referred to in subsection (1)(a) is to be treated as having commenced at the time of publication of the notice under section 1.7(1)(a) and is to continue by way of exhibition under section 1.7(1)(b) and (c) until the meeting has been held.

Disability Services Act 1993

29. Report about disability access and inclusion plan

(2) A local government or regional local government that has a disability access and inclusion plan must include in its annual report prepared under section 5.53 of the Local Government Act 1995 a report about the implementation of the plan.

State Records Commission Standard 2 – Record keeping Plans

Principle 6 – Compliance

Government organisations ensure their employees comply with the recordkeeping plan.

Rationale

An organisation and its employees must comply with the organisations recordkeeping plan.

Organisations should develop and implement strategies for ensuring that each employee is aware of the compliance responsibilities.

Minimum Compliance Requirements

The recordkeeping plan is to provide evidence to adduce that:

1. The efficiency and effectiveness of the organisation’s recordkeeping systems is evaluated not less than once every 5 years.

2. The organisation conducts a recordkeeping training program.

3. The efficiency and effectiveness of the recordkeeping training program is reviewed from time to time.

4. The organisation’s induction program addresses employee roles and responsibilities in regard to their compliance with the organisation’s recordkeeping plan.

5. The organisation includes within its annual report an appropriate section that addresses points 1-4.

POLICY IMPLICATIONS

Policy 1.1.9 – Public Participation at Council and Electors Meetings

FINANCIAL IMPLICATIONS

The contents of the Annual Report have been prepared internally by officers, with the final design and layout being undertaken by Market Creations – estimated cost $1,430 – GL 142330.

The estimated cost for advertising in the Broome Advertiser is $350 - GL 142100.

RISK

The Local Government Act 1995 requires that each local government prepares and accepts an annual report for each financial year by no later than 31 December after that financial year.

The risk is Extreme if this date is not met as it results in non-compliance with the legislative requirements of the LGA, and loss of reputation with the Department of Local Government, Sport and Cultural Industries. The likelihood of this occurring is rare as the 2016/2017 Annual Report has been prepared and is being presented to Council well in advance of 31 December.

STRATEGIC IMPLICATIONS

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

Effective communication

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

Effective community engagement

Improved systems, processes and compliance

VOTING REQUIREMENTS

Absolute Majority

REPORT RECOMMENDATION:

That Council:-

1. Pursuant to Section 5.54(1) of the Local Government Act 1995 accepts the Shire of Broome Annual Report for the 2016/2017 financial year as contained in the Attachment.

2. Pursuant to Section 5.27 of the Local Government Act 1995 convenes an Annual Electors Meeting to be held on Thursday 14 December 2017 commencing at 4.00pm in the Council Chambers.

3. Notes that in accordance with Section 5.29 and 5.55 of the Local Government Act 1995, the Chief Executive Officer will provide local public notice of the Annual Electors Meeting to be held on Thursday 14 December 2017 and of the availability of the Shire of Broome’s Annual Report for 2016/2017.

(Absolute Majority Required)

Attachments

1.	Shire of Broome - 2016/2017 Annual Report

Item 9.4.3 - ANNUAL REPORT 2016/2017

PDF Creator

Agenda – Ordinary Meeting of Council 19 October 2017 Page 543 of 620

9.4.4 CAPE LEVEQUE ROAD PARTIAL ROAD CLOSURE FOR 2017/2018 WET SEASON

LOCATION/ADDRESS: Broome Cape Leveque Road

APPLICANT: Nil

FILE: ENR01 - BRO-3/GEN

AUTHOR: Executive Support Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Infrastructure

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 28 September 2017

SUMMARY: This report is to inform Council of the partial road closure of the Broome - Cape Leveque Road to vehicles with a gross vehicle mass of 11 tonnes or more for the 2017/18 wet season to be advertised on 26 October 2017 (in accordance with regular practice).

BACKGROUND

Previous Considerations

OMC 23 November 2006 Item 9.5.1

OMC 18 December 2007 Item 9.5.1

OMC 25 September 2008 Item 9.5.1

OMC 20 November 2008 Item 9.5.1

OMC 29 October 2009 Item 9.5.2

OMC 28 October 2010 Item 9.4.3

OMC 24 November 2011 Item 9.5.2

OMC 29 November 2012 Item 9.4.6

OMC 21 November 2013 Item 9.4.4

OMC 27 November 2014 Item 9.4.3

OMC 26 November 2015 Item 9.4.6

OMC 24 November 2016 Item 9.4.4

STANDING GENERAL ROAD RESTRICTIONS

The Broome – Cape Leveque Road is a Network 2 Restricted Access Vehicle (RAV) permit route. This allows for B-double vehicle use, but vehicles of greater configuration than RAV 2 are permitted to travel on the road only under a written permit.

This restriction applies all year round and was instigated due to concerns about the narrow nature of the pindan (unsealed) road width available, the cross-slope of the road surface, the amount of dust generated and the length of vehicles.

NORMAL WET SEASON RESTRICTIONS

Given the very difficult boggy conditions created in wet weather making the road un- trafficable on the 89km section of unsealed pindan on the Broome - Cape Leveque Road, Council has previously resolved to minimise the damage from traffic during the wet season by limiting the weight of vehicles through the imposition of a partial road closure. At times, it is also necessary to fully close the road to protect its serviceability. From previous experience, these measures have proven to be the best way to both maintain essential general community access and to prolong essential heavy vehicular access to the communities during the wet season.

Under the Local Government Act 1995, a partial road closure involves advertising the proposed closure, inviting and then considering any submissions received prior to a report to and a decision by Council. A copy of Council’s resolution to implement a partial road closure is forwarded to the Commissioner of Main Roads.

Recognised essential services operators are still able to deliver fuel and food supplies throughout the wet season under permit. In accordance with past practice, there are normally four (4) operators who have the current community contracts and would normally be granted these permits. These are Dean Wilson Transport, Fueltrans on behalf of BP, Toll Express and Caltex Energy.

The road is generally closed to other heavy vehicles, but it has been found on occasions that other companies will have essential business involving heavy transport and they have been permitted on the road under special conditions. This approval is determined by the Chief Executive Officer. It is recognised that activity on the peninsula is gradually increasing and that demand for travel during the wet season is also increasing.

During the wet season, the Shire’s Infrastructure staff monitor rainfall via the Bureau of Meteorology website and when warranted, inspections of the road are carried out. By this means, an assessment of the actual condition and driveability of the unsealed section of the road can be determined, advice provided to travellers and control exercised over heavy vehicle usage.

During very wet periods, the Broome - Cape Leveque Road and other unsealed roads within the Shire may be subject to full closure at short notice.

COMMENT

A partial road closure is proposed to be publicly advertised for the Broome – Cape Leveque Rd for the period from 1 December 2017 to 31 March 2018.

The partial closure of the Broome-Cape Leveque Road to vehicles of 11 tonnes or more has proven successful in past wet seasons and Officers recommend that a partial road closure be implemented for the upcoming wet season.

CONSULTATION

An advertisement is proposed to be placed in the Broome Advertiser on 26 October 2017 inviting submissions from the public.

STATUTORY ENVIRONMENT

Local Government Act, 1995 Section 1.7

1.7. Local public notice

(1) Where under this Act local public notice of a matter is required to be given, a notice of the matter is to be —

(a) published in a newspaper circulating generally throughout the district; and

(b) exhibited to the public on a notice board at the local government’s offices; and

(c) exhibited to the public on a notice board at every local government library in the district.

(2) Unless expressly stated otherwise it is sufficient if the notice is —

(a) published under subsection (1)(a) on at least one occasion; and

(b) exhibited under subsection (1)(b) and (c) for a reasonable time, being not less than —

(i) the time prescribed for the purposes of this paragraph; or

(ii) if no time is prescribed, 7 days.

[Section 1.7 amended by No. 64 of 1998 s. 18(3).]

Local Government Act, 1995 Section 3.50

Subdivision 5 — Certain provisions about thoroughfares

3.49. Deleted by No. 64 of 1998 s. 14(1).]

3.50. Closing certain thoroughfares to vehicles

(1) A local government may close any thoroughfare that it manages to the passage of vehicles, wholly or partially, for a period not exceeding 4 weeks.

(1a) A local government may, by local public notice, order that a thoroughfare that it manages is wholly or partially closed to the passage of vehicles for a period exceeding 4 weeks.

(2) The order may limit the closure to vehicles of any class, to particular times, or to such other case or class of case as may be specified in the order and may contain exceptions.

(3) repealed]

(4) Before it makes an order wholly or partially closing a thoroughfare to the passage of vehicles for a period exceeding 4 weeks or continuing the closure of a thoroughfare, the local government is to —

(a) give local public notice of the proposed order giving details of the proposal, including the location of the thoroughfare and where, when, and why it would be closed, and inviting submissions from any person who wishes to make a submission;

(b) give written notice to each person who —

(i) is prescribed for the purposes of this section; or

(ii) owns land that is prescribed for the purposes of this section; and

(c) allow a reasonable time for submissions to be made and consider any submissions made.

(5) The local government is to send to the Commissioner of Main Roads appointed under the Main Roads Act 1930 a copy of the contents of the notice required by subsection (4)(a).

(6) An order under this section has effect according to its terms, but may be revoked by the local government, or by the Minister, by order of which local public notice is given.

[(7) repealed]

(8) If, under subsection (1), a thoroughfare is closed without giving local public notice, the local government is to give local public notice of the closure as soon as practicable after the thoroughfare is closed.

(9) The requirement in subsection (8) ceases to apply if the thoroughfare is reopened.

[Section 3.50 amended by No. 1 of 1998 s. 11; No. 64 of 1998 s. 15;

No. 49 of 2004 s. 26.]

3.50A. Partial closure of thoroughfare for repairs or maintenance

Despite section 3.50, a local government may partially and temporarily close a thoroughfare, without giving local public notice, if the closure —

(a) is for the purpose of carrying out repairs or maintenance; and

(b) is unlikely to have a significant adverse effect on users of the thoroughfare.

[Section 3.50A inserted by No. 64 of 1998 s. 16.]

Section 92 Road Traffic Act, 1974

92. Roads may be closed

(1) The Minister may, if he considers any road unsafe for public traffic, cause the same to be closed for such period as he considers necessary.

(2) A local government for a period of one month may exercise a similar power with regard to any road under its control, but the exercise of such power shall not extend beyond such period, except with the approval in writing of the Minister.

(3) No person shall drive, take, or use any vehicle on to or on any road while such road is closed under this section.

[Section 92 amended by No. 14 of 1996 s. 4.]

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

Nil

RISK

There is a risk if the road closures do not occur, that Cape Leveque Road will be damaged and potentially create an unsafe road for lighter commercial vehicles.

STRATEGIC IMPLICATIONS

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

Effective communication.

Affordable services and initiatives to satisfy community need.

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

Best practice asset management to optimise Shires’ 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. Advertises the proposed road closure in accordance with Section 3.50(4) of the Local Government Act 1995.

2. If no submissions are received from the advertising the proposed road closure, pursuant to Sections 3.50 (1a) and (2) of the Local Government Act 1995, endorses the partial closure of the Broome - Cape Leveque Road to the passage of vehicles:

a) of all classes of gross vehicle mass (GVM) 11 tonnes or more;

b) for the period from 1 December 2017 to 31 March 2018; and

c) from the end of the bitumen south of the Manari Road turn-off to the start of northern sealed section south of Beagle Bay.

3. Pursuant to Section 3.50(5) of the Local Government Act 1995, requests the Chief Executive Officer to write to the Commissioner of Main Roads Western Australia advising of this decision including a copy of the public notice.

Attachments

1.	Advertisement for proposed partial road closure of Broome - Cape Leveque Road

Agenda – Ordinary Meeting of Council 19 October 2017 Page 547 of 620

9.4.5 DEED OF AGREEMENT - PARKING ENFORCEMENT AT BROOME INTERNATIONAL AIRPORT

LOCATION/ADDRESS: Broome International Airport, Macpherson Street, Broome

APPLICANT: Nil

FILE: LAW006.1

AUTHOR: Director Development and Community

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development and Community

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 28 September 2017

SUMMARY: Shire officers and representatives from the Broome International Airport Pty Ltd have been in discussions in relation to the enforcement of the Shire’s Parking and Parking Facilities Local Law 2012 (Local Law) at the Broome International Airport. In accordance with clause 1.6 of the Local Law, the local government can enter into a written agreement with the owner or occupier of a facility that the Local Law will apply to the facility. This report recommends that Council enter into such an agreement with the Broome International Airport.

BACKGROUND

Previous Considerations

Nil.

COMMENT

Representatives from the Broome International Airport Pty Ltd (BIA) have expressed a desire for the Shire’s Parking and Parking Facilities Local Law 2012 (Local Law) to apply to the public parking areas at the Broome International Airport (Airport). The BIA has stated that its officers can enforce the Local Law at the Airport.

In accordance with clause 1.6 of the Local Law, the Local Law does not apply to a parking facility that is not owned or occupied by the local government, unless the local government and the owner or occupier of that facility have agreed in writing that the Local Law will apply to the facility. Therefore, for the Local Law to apply to the Airport, a written agreement between the Shire and the BIA is required.

Accordingly, Shire officers have been working with the BIA to negotiate the terms of an agreement, shown in confidential Attachment 1 to this report. The key elements of the agreement are as follows:

· The Shire will appoint officers employed by the BIA as ‘authorised persons’ to enforce the provisions of the Local Law at the Airport.

· The ‘authorised persons’ employed by the BIA will have the power to patrol, investigate and action contraventions of the Local Law, which includes the power to issue infringement notices for offences.

· The BIA is responsible for line marking, signage and parking infrastructure at the Airport.

· The Shire retains the final decision regarding whether or not an infringement notice should be withdrawn.

· All appeals or complaints regarding an infringement notice must be directed to the Shire.

· Either party can terminate the agreement by giving 30 days notice of termination.

The BIA has provided the Shire with details of staff member categories they would like to be ‘authorised persons’. The Chief Executive Officer has delegated authority to appoint persons as ‘authorised persons’ in accordance with section 9.10 of the Local Government Act 1995 and can make these appointments should Council resolve to enter into the agreement with the BIA.

Shire officers will provide the ‘authorised persons’ employed by the BIA with training to enable the proper enforcement of the Local Law at the Airport. This will ensure that any enforcement action taken by way of issuing infringement notices is done appropriately and lawfully.

Overall, the agreement with the BIA will ensure that parking at the Airport can be managed to the benefit of persons travelling to and from Broome by air. The arrangement with the BIA will allow for their staff to be able to enforce the Local Law in an appropriate and lawful manner. It is therefore recommended that Council enter into an agreement with the BIA that the Local Law will apply to the Airport.

CONSULTATION

Broome International Airport Pty Ltd

STATUTORY ENVIRONMENT

Local Government Act 1995

9.10. Appointment of authorised persons

(1) The local government may, in writing, appoint persons or classes of persons to be authorised for the purposes of performing particular functions.

(2) The local government is to issue to each person so authorised a certificate stating that the person is so authorised, and the person is to produce the certificate whenever required to do so by a person who has been or is about to be affected by any exercise of authority by the authorised person.

Parking and Parking Facilities Local Law 2012

1.6 Application

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

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

There are no direct financial implications associated with the Shire entering into the agreement with the BIA. However, any revenue generated by the issuing of infringement notices at the Airport will be received by the Shire.

RISK

There is a risk that the ‘authorised persons’ employed by the BIA may not appropriately represent the Shire in issuing infringement notices and enforcing the Local Law. However, this risk is mitigated by training being provided to the BIA staff responsible for enforcing the Local Law. Therefore, this overall risk is considered ‘Low’.

STRATEGIC IMPLICATIONS

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

Accessible and safe community spaces

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 enters into the agreement with the Broome International Airport Pty Ltd as shown in Attachment 1 so that the Shire of Broome Parking and Parking Facilities Local Law 2012 applies to the Broome International Airport in accordance with clause 1.6(2) of the Shire of Broome Parking and Parking Facilities Local Law 2012.

Attachments

Deed between the Shire and the Broome International Airport Pty Ltd (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”.

Agenda – Ordinary Meeting of Council 19 October 2017 Page 551 of 620

9.4.6 NEW POLICY - CCTV

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: ADM28

AUTHOR: Manager Information Services

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 5 October 2017

SUMMARY: To seek Council endorsement of the Policy 2.3.8 CCTV to improve the administrative efficiency and effectiveness of the Policy.

BACKGROUND

Previous Considerations

OMC 1 November 2012 Item 9.4.4 (Policy adopted)

A CCTV Policy was initially adopted at the OMC held on 1 November 2012 and was developed to meet the changing environment around safety and security of the Shire staff and assets.

State CCTV Strategy Funding

The Government of Western Australia (the State) developed a State CCTV strategy through the West Australian Police with the goal to standardise the CCTV throughout the state. The State aimed to have common CCTV standards throughout the state and offered capital funding for the implementation of CCTV within local government jurisdictions. The Shire applied for this funding for the purpose of improving community safety in Chinatown, Male Oval and Town Beach. In March 2017, the Shire was successful in obtaining funds from the State under the State CCTV Strategy Funding to purchase, install and commission CCTV in the target areas amounting to $250,000. On 9 October 2017, the State signed off on the CCTV project handed over by the Shire confirming adherence to the standards of the State CCTV strategy and acquittal of the funding is currently being prepared.

COMMENT

The growth of technology and improved CCTV and data communications services has meant that the improved technologies in conjunction with the State Government implementing a state-wide CCTV strategy has enabled the Shire access to improved CCTV services. The strategic alliance between the West Australian Police and the Shire has seen the State commit funds to enhance the coverage area of CCTV within the Shire to include Male Oval, Chinatown and Town Beach. The improved capability includes the 24/7 availability of streaming to the local Broome police station. The next phase of the alliance will also stream live video to a West Australian Police control centre in Perth. Additional CCTV functionality has been added to the Japanese Cemetery, Broome Recreation and Aquatic Centre and the Shire Depot.

The Shire will retain ownership of all the equipment and will also house the recording and storing of all video streams gathered by the Shire’s CCTV infrastructure.

CONSULTATION

WA Police

STATUTORY ENVIRONMENT

Surveillance Devices Act 1998

Part 2 — Regulation of installation and use of surveillance devices

6. Regulation of use, installation and maintenance of optical surveillance devices

(1) Subject to subsections (2) and (3), a person shall not install, use, or maintain, or cause to be installed, used, or maintained, an optical surveillance device —

(a) to record visually or observe a private activity to which that person is not a party; or

(b) to record visually a private activity to which that person is a party.

Penalty:

(a) for an individual: $5 000 or imprisonment for 12 months, or both;

(b) for a body corporate: $50 000.

(2) Subsection (1) does not apply to —

(a) the installation, use, or maintenance of an optical surveillance device in accordance with a warrant issued under Part 4;

(b) the installation, use, or maintenance of an optical surveillance device in accordance with an emergency authorisation issued under Part 4;

(c) the installation, use, or maintenance of an optical surveillance device in accordance with a law of the Commonwealth;

(d) the use of an optical surveillance device in accordance with Part 5; or

(e) the use of an optical surveillance device resulting in the unintentional recording or observation of a private activity.

POLICY IMPLICATIONS

The change of the use and availability of CCTV for the Shire and the alignment with the State CCTV Strategy required a new policy be developed and the original Policy 5.3.1 be rescinded. The new policy reflects changes in the current Shire operational use of CCTV and now includes the new strategic alliance with the State Government and the West Australian Police. The policy also includes the revised authorities to reflect that the video stream will be available at the Shire Administration Building, the Broome Police Station and the West Australian Police Control Centre.

Changes in the use of CCTV

*Old Policy 5.3.1*	*New Policy 2.3.8*
Operated by the Shire	Operated by the West Australian Police
Recording ownership with the Shire	Recording ownership with the West Australian Police
No live monitoring	24/7/365 monitoring
Protection of Shire assets focus	Community safety focus
Non-integrated system	State-wide integration
Non-standard compliant closed system	Standard compliant open system

FINANCIAL IMPLICATIONS

Nil

RISK

The risks associated with Council not supporting the adoption of the new policy are considered low.

STRATEGIC IMPLICATIONS

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

Encourage communication.

Encourage recreational activity.

Improve perception of safety across the Shire

Enable effective policing

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

Nurture and protect our unique natural environment for the benefit and enjoyment of current and future generations.

Retain and build on 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:

Work with agencies and others to ensure safe and accessible community infrastructure.

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council:

1. Adopts Part A of Policy 2.3.8 CCTV as contained in Attachment 1;

2. Notes Part B of Policy 2.3.8 CCTV as contained in Attachment 1; and

3. Rescinds Policy 5.3.1 CCTV as contained in Attachment 2.

Attachments

1.	New Policy 2.3.8 CCTV
2.	Current Policy 5.3.1 CCTV

Agenda – Ordinary Meeting of Council 19 October 2017 Page 565 of 620

10.1 LOCAL EMERGENCY MANAGEMENT COMMITTEE MEETING MINUTES - 13 SEPTEMBER 2017

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: EMS02

AUTHOR: Executive Support Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development and Community

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 27 September 2017

SUMMARY: This report presents the minutes and associated recommendations of the Local Emergency Management Committee meeting held on 13 September 2017 for Council’s consideration.

BACKGROUND

Previous Considerations

Nil.

The Local Emergency Management Committee (LEMC) is established by Council under section 38 of the Emergency Management Act 2005 (Act). In accordance with section 39 of the Act, the functions of the LEMC are:

(a) to advise and assist the local government in assuring that local emergency management arrangements are established for its district;

(b) to liaise with public authorities and other persons in the development, review and testing of local emergency management arrangements; and

(c) to carry out other emergency management activities as directed by the State Emergency Management Committee, or prescribed by the Emergency Management Regulations 2006.

COMMENT

The minutes of the LEMC meeting held on 13 September 2017 are included as Attachments 1 and 2 of this report.

At the meeting, the LEMC discussed the following:

Item 5.1 Local Emergency Management Committee Contact List

The current contact list was reviewed with members to provide updates as applicable.

Item 5.2 Status Report

The Status of actions from previous LEMC meetings were circulated and discussed.

Item 5.3 Resource Register

The Resource Register was circulated, and members were requested to provide any updates to the Committee Secretariat where applicable.

Item 5.4 Incident Report

The 2017 Incident Report was circulated, and members were requested to provide any updates to the Committee Secretariat as needed.

Item 5.5 Training Schedule

The 2017 Training Schedule was circulated, and members were requested to provide any updates to the Committee Secretariat where applicable.

Broome International Airport added upcoming training in October 2017 to the schedule – AEP Field Exercise.

Item 5.6 Asbestos Registers – arising from Forrest Street Fire

Existing registers and asbestos issues were discussed.

Item 5.7 Office of Emergency Management – District Advisor Report

The report was presented by Brendan Barwick, Broome Police (Acting Chairperson) and discussed with Committee members.

Item 5.8 Updates from Committee members

A round table discussion was conducted allowing Committee members to give an update on their agencies, and any relevant matters.

CONSULTATION

As outlined in the minutes attached.

STATUTORY ENVIRONMENT

Emergency Management Act 2005

Section 36 Functions of local government

It is a function of a local government —

(a) subject to this Act, to ensure that effective local emergency management arrangements are prepared and maintained for its district;

(b) to manage recovery following an emergency affecting the community in its district; and

(c) to perform other functions given to the local government under this Act.

38 Local emergency management committees

(1) A local government is to establish one or more local emergency management committees for the local government’s district.

(2) If more than one local emergency management committee is established, the local government is to specify the area in respect of which the committee is to exercise its functions.

(3) A local emergency management committee consists of —

(a) a chairman and other members appointed by the relevant local government in accordance with subsection (4); and

(b) if the local emergency coordinator is not appointed as chairman of the committee, the local emergency coordinator for the local government district.

(4) Subject to this section, the constitution and procedures of a local emergency management committee, and the terms and conditions of appointment of members, are to be determined by the SEMC.

39 Functions of local emergency management committees

The functions of a local emergency management committee are, in relation to its district or the area for which it is established —

(a) to advise and assist the local government in ensuring that local emergency management arrangements are established for its district;

(b) to liaise with public authorities and other persons in the development, review and testing of local emergency management arrangements; and

(c) to carry out other emergency management activities as directed by the SEMC or prescribed by the regulations.

Section 41 Emergency management arrangements in local government district

(1) A local government is to ensure that arrangements (local emergency management arrangements) for emergency management in the local government’s district are prepared.

(2) The local emergency management arrangements are to set out —

(a) the local government’s policies for emergency management;

(b) the roles and responsibilities of public authorities and other persons involved in emergency management in the local government district;

(c) provisions about the coordination of emergency operations and activities relating to emergency management performed by the persons mentioned in paragraph (b);

(d) a description of emergencies that are likely to occur in the local government district;

(e) strategies and priorities for emergency management in the local government district;

(f) other matters about emergency management in the local government district prescribed by the regulations; and

(g) other matters about emergency management in the local government district the local government considers appropriate.

(3) Local emergency management arrangements are to be consistent with the State emergency management policies and State emergency management plans.

(4) Local emergency management arrangements are to include a recovery plan and the nomination of a local recovery coordinator.

(5) A local government is to deliver a copy of its local emergency management arrangements, and any amendment to the arrangements, to the SEMC as soon as is practicable after they are prepared.

Section 42 Reviewing and renewing local emergency management arrangements

(1) local government is to ensure that its local emergency management arrangements are reviewed in accordance with the procedures established by the SEMC.

(2) Local emergency management arrangements may be amended or replaced whenever the local government considers it appropriate.

Section 43 Local emergency management arrangements to be available for inspection

(1) A local government is to keep a copy of its local emergency management arrangements at the offices of the local government.

(2) The arrangements are to be available for inspection, free of charge, by members of the public during office hours.

(3) The arrangements may be made available in written or electronic form.

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

Nil

RISK

Nil

STRATEGIC IMPLICATIONS

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

Effective communication

Affordable services and initiatives to satisfy community need

A healthy and safe environment

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

Sustainable and integrated strategic and operational plans

Responsible resource allocation

Effective community engagement

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council receives the minutes of the Local Emergency Management Committee held on 13 September 2017.

Attachments

1.	Unconfirmed Minutes of the Local Emergency Management Committee – 13 September 2017
2.	Associated Attachments

Agenda – Ordinary Meeting of Council 19 October 2017 Page 595 of 620

10.2 BUSH FIRE ADVISORY COMMITTEE MEETING MINUTES - 13 SEPTEMBER 2017

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: AFC05

AUTHOR: Executive Support Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development and Community

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 27 September 2017

SUMMARY: This report presents the minutes and associated recommendations of the Bush Fire Advisory Committee meeting held on 13 September 2017 for Council’s consideration.

BACKGROUND

Previous Considerations

Nil.

The Bush Fire Advisory Committee (BFAC) meets quarterly to provide advice to the Shire of Broome on:

1. All matters relating to the prevention, controlling and extinguishing of bushfires.

2. The planning and layout of fire breaks in the district.

3. Prosecutions for breaches of the Bush Fires Act 1956.

4. The formation of Bush Fire Brigades.

5. Coordination and cooperation between agencies within the district.

COMMENT

The minutes of the BFAC meeting held on 13 September 2017 are included as Attachments 1 and 2 of this report.

At the meeting, the BFAC discussed the following items:

Item 5.1 Bush Fire Advisory Committee Contact List

The current contact list was reviewed with members to provide updates as applicable.

Item 5.2 Status Report

The status of actions from previous BFAC meetings were circulated and discussed.

Item 5.3 Bush Fire Mitigation Update

A PowerPoint update was presented by Mark O’Connor, Rangers Coordinator – Shire of Broome.

Item 5.4 Updates from Committee members

A round table discussion was conducted allowing Committee members to give an update on their agencies, and any relevant matters.

CONSULTATION

As outlined in the Minutes attached.

STATUTORY ENVIRONMENT

Bush Fires Act 1956

Section 67 – Advisory committees

1. A Local Government may at any time appoint such persons as it thinks fit as a Bush Fire Advisory Committee for the purpose of advising the Local Government regarding all matters relating to the prevention, controlling and extinguishing of bush fires, the planning of the layout of firebreaks in the district, prosecutions for breaches of this Act, the formation of bush fire brigades and the grouping thereof under group brigade officers, the ensuring of co-operation and co-ordination of bush fire brigades in their efforts and activities, and any other matter relating to bush fire control whether of the same kind, as, or a different kind from, those specified in this subsection.

2. A committee appointed under this section shall include a member of the Council of the Local Government nominated by it for that purpose as a member of the committee, and the committee shall elect one of their number to be Chairman thereof.

3. In respect to a committee so appointed, the Local Government shall fix the quorum for the transaction of business at meetings of the committee and may:-

(a) make rules for the guidance of the committee;

(b) accept the resignation in writing of, or remove, any member of the committee, appoint a person to fill that vacancy.

(c) where for any reason a vacancy occurs in the office of a member of the committee, appoint a person to fill that vacancy.

4. A committee appointed under this section:-

(a) may from time to time meet and adjourn as the committee thinks fit;

(b) shall not transact business at a meeting unless the quorum fixed by the Local Government is present;

(c) is answerable to the Local Government and shall, as and when required by the Local Government, report fully on its activities.

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

Nil.

RISK

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 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 receives the minutes of the Bush Fire Advisory Committee meeting held on the 13 September 2017.

Attachments

1.	Unconfirmed Minutes of the Bush Fire Advisory Committee - 13 September 2017
2.	Associated attachments

10.3 MINUTES OF THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE MEETING HELD 10 OCTOBER 2017

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: EDP002

AUTHOR: Events and Economic Development Coordinator

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development and Community

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 10 October 2017

SUMMARY: This report presents the minutes and associated recommendations from the meeting of the Economic Development Advisory Committee held on 10 October 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

OMC 14 September 2017 Item 10.2

COMMENT

The minutes of the Economic Development Advisory Committee (EDAC) meeting held 10 October 2017 are attached in full (see Attachments 1 and 2) for Council’s information. At the meeting, the EDAC considered a report which is summarised below. The item was a confidential report and is therefore included as a confidential attachment to this agenda item.

Confidential Item - Request for Support – Intra-Regional Air Service

In early June 2017, the Pilbara Regional Council (PRC) held a workshop together with Aviair and member local governments to explore the potential for an intra-regional air service to be established. Following this workshop, at the PRC June 2017 meeting, the PRC resolved to endorse the PRC CEO engaging with member local governments for the purpose of drafting heads of agreement (in the form of a Memorandum of Understanding (MOU)) that establishes the principles underpinning a Pilbara intra-regional air service with links to Broome.

Aviair is an established north-west aviation company with bases in the Kimberley and Pilbara regions. The company has presented the Shire of Broome with a proposal and the draft MOU for consideration.

This agenda item was presented to the EDAC meeting held on 14 September 2017 but was deferred due to a lack of a quorum of Committee members being present.

Subsequent to this, Aviar gave a presentation to Council on 26 September 2017 where EDAC members were invited to attend (attended by Cr Foy, Cr Male, Cr Rudeforth, Cr Fairborn, Cr Tracey and Greg Fiorenza). At this workshop, Councillors indicated that more data was required in relation to the current demand for flights between Broome and Pilbara locations, data supporting the figures in the proposal regarding minimum passenger numbers required, other information in support of the feasibility of the proposal and the anticipated benefits the provision of these flights will bring to the Broome community from an economic and tourism prospective.

Officers had previously requested this information from Aviair, but were advised that it was not available. Following the Councillor workshop, the information was again requested, with Aviair providing back ground historical information on the usage rate of the service previously provided by Airnorth when they were operating the routes between Broome, Port Hedland and Karratha (see Attachment 3). This additional information was presented to EDAC on the 10 October 2017.

In addition, information in support of the proposal was provided by the Broome Chamber of Commerce and Industry (BCCI). This information formed an additional attachment to the confidential agenda item.

Taking in to consideration the agenda item and the additional information received from the BCCI and Aviair, the committee decided not to endorse the officer recommendation and proposed an alternative recommendation. This alterative recommendation is:

Committee Resolution:

Moved: Mr P Taylor Seconded: Mr J Brown

That the Economic Development Advisory Committee recommends that Council authorises the Chief Executive Officer to:

1. advise Aviair that it wishes to enter into the Memorandum of Understanding for the development of regular public transport air services between the Pilbara, Kimberley and Gascoyne, subject to legal advice being received as to:

(a) the legal and financial implications of Council entering into the MOU; and;

(b) advice as to other modifications that may be required to the MOU in response to those implications.

2. invite Aviair and the Pilbara Regional Council to provide regular updates on the progress and further development of the proposal; and

3. invite Aviair to provide the following at a future date for Council’s consideration:

(a) draft funding contract agreement, including the requested amount from the Shire of Broome for further negotiation;

(b) report and data on the economic impact and benefits that the proposed air service would have on Broome; and

(c) report and data indicating the level of demand and commitment from State government departments and local businesses for use of this service.

CARRIED UNANIMOUSLY 8/0

The Committee proposed this alternative recommendation as they considered Aviair’s proposal to have potential economic benefits, and therefore the EDAC believed that Council should participate in further negotiations on this proposal.

In accordance with the alternative recommendation, Shire officers have sought legal advice on the MOU. This advice had not been received at the time of writing this report.

Overall, officers support the alternative recommendation made by the EDAC. Officers accept EDAC’s input that the proposal has potential benefit to Broome and therefore it is worth participating in negotiations with the other local governments in accordance with the MOU. Therefore, it is recommended that Council endorse the Committee Resolution passed at the meeting.

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

Officers consider that the risks of endorsing the EDAC resolution are mitigated by the recommendation that the Shire of Broome seek legal advice prior to formally entering into the MOU.

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 receives the minutes of the Economic Development Advisory Committee meeting held on 10 October 2017, and endorse the Committee Resolution passed at the meeting.

Attachments

Unconfirmed Minutes Economic Development Advisory Committee held 10 October 2017

Unconfirmed Minutes – Confidential Item Supplement of the Economic Development Advisory Committee held 10 October 2017 (confidential to Councillors and Directors Only) (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”.

Historical Passenger Number Data (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”.

FINANCIAL INTEREST
Councillor	Item No	Item	Nature of Interest

IMPARTIALITY
Councillor	Item No	Item	Nature of Interest