MISSION AND VALUES OF COUNCIL

 

"A Sustainable Community that is inclusive, attractive, healthy and pleasant to live in, that uses our land so as to preserve our history and environment, respects the rights and equality of our citizens and manages our future growth wisely."

 

CONFIRMED

MINUTES

 

 

OF THE

 

Ordinary Meeting of Council

 

19 October 2017


OUR VISION

 

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

 

OUR MISSION

 

“To deliver affordable and quality Local Government services.”

 

CORE VALUES OF THE SHIRE

 

The core values that underpin the achievement of the

 mission will be based on a strong customer service

focus and a positive attitude:

 

Communication

 

Integrity

 

Respect

 

Innovation

 

Transparency

 

Courtesy

 

DISCLAIMER

The purpose of Council Meetings is to discuss, and where possible, make resolutions about items appearing on the agenda.  Whilst Council has the power to resolve such items and may in fact, appear to have done so at the meeting, no person should rely on or act on the basis of such decision or on any advice or information provided by a Member or Officer, or on the content of any discussion occurring, during the course of the meeting.

 

Persons should be aware that the provisions of the Local Government Act 1995 (Section 5.25 (e)) establish procedures for revocation or rescission of a Council decision.  No person should rely on the decisions made by Council until formal advice of the Council decision is received by that person.  The Shire of Broome expressly disclaims liability for any loss or damage suffered by any person as a result of relying on or acting on the basis of any resolution of Council, or any advice or information provided by a Member or Officer, or the content of any discussion occurring, during the course of the Council meeting.

 


Minutes – Ordinary Meeting of Council 19 October 2017                                                                   Page 4 of 780

 

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

2017

19 October

LOA

 

LOA

 

 

 

 

 

 

 

·       LOA (Leave of Absence)

·           NA (Non Attendance)

·       A (Apologies)

 

2.25.       Disqualification for failure to attend meetings

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

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

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

                 (a)     a meeting that has concluded; or

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

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

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

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

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

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

                 (b)     if the non‑attendance occurs —

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

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

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

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

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

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

 

 


MinutesOrdinary Meeting of Council 19 October 2017                                                                               Page 6 of 780

 

SHIRE OF BROOME

Ordinary Meeting of Council

Thursday 19 October 2017

INDEX – Minutes

 

1.               Official Opening.. 7

2.               Attendance and Apologies. 7

3.               Declarations Of Financial Interest / Impartiality. 8

4.               Public Question Time. 8

5.               Confirmation Of Minutes. 11

6.               Announcements By President Without Discussion.. 11

7.               Petitions. 14

8.               Matters For Which The Meeting May Be Closed.. 14

9.               Reports of Officers. 15

9.1      Our People. 16

9.1.1     2017-2018 AMENDED ACTIVITY PLAN FOR KIMBERLEY REGION.. 17

9.2      Our Place. 38

9.2.1     DEDICATION OF BIDYADANGA ROAD.. 39

9.2.2     UNMANAGED PIPELINE AND WATER SUPPLY RESERVE 33704 HAAS STREET – SHIRE OFFICE STAFF CAR PARK. 53

9.2.3     CREATION OF RESERVE FOR DRAINAGE LOT 3164 ON DP 218011 – CORNER GANTHEAUME POINT AND GUBINGE ROADS. 61

9.2.4     FINAL ADOPTION OF LOCAL COMMERCIAL STRATEGY. 68

9.2.5     ADOPTION OF THE CABLE BEACH FORESHORE MASTER PLAN.. 176

9.2.6     ANNUAL PRE CYCLONE CLEAN UP. 261

9.2.7     MEMORIAL SEAT AT OLD BROOME JETTY. 283

9.3      Our Prosperity. 287

Nil

9.4      Our Organisation.. 289

9.4.1     MONTHLY PAYMENT LISTING - SEPTEMBER 2017. 290

9.4.2     MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT SEPTEMBER 2017. 315

12.1   MINUTES OF THE AUDIT COMMITTEE MEETING HELD 16 OCTOBER 2017. 428

9.4.3     ANNUAL REPORT 2016/2017. 579

9.4.4     CAPE LEVEQUE ROAD PARTIAL ROAD CLOSURE FOR 2017/2018 WET SEASON.. 698

9.4.5     DEED OF AGREEMENT - PARKING ENFORCEMENT AT BROOME INTERNATIONAL AIRPORT. 704

9.4.6     NEW POLICY - CCTV.. 707

10.            Reports of Committees. 719

10.1      LOCAL EMERGENCY MANAGEMENT COMMITTEE MEETING MINUTES - 13 SEPTEMBER 2017. 720

10.2      BUSH FIRE ADVISORY COMMITTEE MEETING MINUTES - 13 SEPTEMBER 2017. 752

10.3      MINUTES OF THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE MEETING HELD 10 OCTOBER 2017. 766

11.            Notices of Motion.. 780

12.            Business of an Urgent Nature. 780

12.1      MINUTES OF THE AUDIT COMMITTEE MEETING HELD 16 OCTOBER 2017. 780

12.2      RFQ17-88 engineering consultancy services for the investigation, design and documentation of town beach jetty. 780

13.            Questions By Members Of Which Due Notice Has Been Given.. 780

14.            Matters Behind Closed Doors. 780

12.2   RFQ17-88 ENGINEERING CONSULTANCY SERVICES FOR THE INVESTIGATION, DESIGN AND DOCUMENTATION OF TOWN BEACH JETTY. 780

15.            Meeting Closure. 781

 


MinutesOrdinary Meeting of Council 19 October 2017                                                                             Page 14 of 780

 

MINUTES OF THE Ordinary Meeting of Council OF THE SHIRE OF BROOME,

HELD IN THE Council Chambers, Corner Weld and Haas Streets, Broome, ON Thursday 19 October 2017, COMMENCING AT 5.00pm.

 

1.         Official Opening

 

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

 

2.         Attendance and Apologies 

 

Attendance:               Cr H Tracey                 Deputy Shire President

                                      Cr E Foy

                                      Cr W Fryer

                                      Cr D Male

                                      Cr P Matsumoto

                                      Cr C Mitchell

                                      Cr B Rudeforth

 

Leave of Absence:             

 

A request for a Leave of Absence was received from Cr R Johnston for the Ordinary Meeting of Council to be held 19 October 2017.

 

Council Resolution:

Moved: Cr C Mitchell                                               Seconded: Cr P Matsumoto

That a Leave of Absence for Cr R Johnston be granted for the Ordinary Meeting of Council to be held 19 October 2017.

CARRIED UNANIMOUSLY 7/0

 

A request for a Leave of Absence was received from Cr M Fairborn for the Ordinary Meeting of Council to be held 19 October 2017.

 

Council Resolution:

Moved: Cr C Mitchell                                               Seconded: Cr D Male

That a Leave of Absence for Cr M Fairborn be granted for the Ordinary Meeting of Council to be held 19 October 2017.

CARRIED UNANIMOUSLY 7/0

 

Apologies:                   Nil

 

Officers:                       Mr S Mastrolembo     Chief Executive Officer

                                      Mr J Watt                     Director Corporate Services

                                      Ms A Nugent               Director Development and Community

                                      Mr S Harding               Director Infrastructure

                                      Mr S Penn                    Media and Promotions Officer

                                      Ms E Harding               Senior Customer Service Officer

                                      Ms V Glanville             Senior Administration & Governance Officer

                                      Mr D Forrest                 Manager Governance

 

Public Gallery:            Michelle Teoh

                                      Glenn Cordingley                Broome Advertiser

                                      Graeme Macarthur

                                      Denis Ryan                            Broome Futures

                                      Peter Smith                            Shire of Broome

                                      Frances Taylor-Johnston

                                      Jakeb Waddell                     Broome Advertiser

                                      Gayle Keys

                                      Geoff Williams

                                      Cecile O’Connor                 ABC

                                      Peter Taylor

 

3.         Declarations Of Financial Interest / Impartiality

 

FINANCIAL INTEREST

Councillor

Item No

Item

Nature of Interest

Cr E Foy

9.2.7

MEMORIAL SEAT AT OLD BROOME JETTY

Financial –Association is have an interest of kinship son.

 

IMPARTIALITY

Councillor

Item No

Item

Nature of Interest

Cr E Foy

9.2.4

FINAL ADOPTION OF LOCAL COMMERCIAL STRATEGY

Impartiality – Association with Yawuru as a member.

Cr P Matsumoto

9.2.4

FINAL ADOPTION OF LOCAL COMMERCIAL STRATEGY

Impartiality – Association with Yawuru as Native Title Holder and a Director (PBC).

Cr P Matsumoto

9.2.5

ADOPTION OF THE CABLE BEACH FORESHORE MASTER PLAN

Impartiality – Association with Yawuru as Native Title Holder and Director (PBC).

 

4.         Public Question Time

 

The following questions were received from Michelle Teoh prior to the meeting:

 

Question One:

I refer to Lot 228 (Reserve 40813) Buckley’s Road Waterbank, the current Broome Tip. There are 6 gas storage facilities from which pipes supply gas to Horizon Power’s electricity plant.

Can Council advise when does the lease to use this portion of the Lot 228 for gas storage expire and what is the process for extension or renewal of the lease?

 

Response provided by Director Infrastructure:

The lease for EDL NGD (WA) Pty Ltd of (reserve 40813) Buckley’s Road commenced on the 7th December 2005 with the first option to renew the lease being the 6th December 2029. The options available are for a further 5 years.

 

The mechanism for activating the lease extension is for the EDL NGD (WA) Pty Ltd give written notice no more than 24 months and no less that 6 months before the expiry date notification.

 

Question Two:

The Broome Urban Renewal Project is promoted as a major project by the Shire of Broome. A Broome Urban Renewal Community Stakeholder and Reference Group exists and in each ‘precinct’ consultants have, over the last 12 months held a total of 5 focus groups / workshops  for residents. The last one was in August 2017. While much of the time during that session was spent discussing ‘principles’ and ‘strategies’ the consultants also outlined proposed ‘project areas’. For the Anne Street precinct these were 1) Using the D’Antoine verge and adjoining properties to re-subdivide and increase density 2) Reduce the size of Tolentino Park and introduce higher density development.

Can Council advise what is the process for finalising this major project and when will all the residents who have taken part in the focus groups be advised?

 

Response provided by Director Development & Community:

The Broome Urban Renewal Project remains a major project supported by the Shire of Broome in partnership with the Housing Authority.  Finalising the draft Urban Renewal Strategy has taken longer than was anticipated due to the need to ensure the Strategy is specific and tailored not just to Broome, but also to each of the individual precincts.  The project was also delayed by the change in State government in March 2017.

 

The draft Strategy was workshopped with the Broome Urban Renewal Community Stakeholder and Reference Group in August 2017.

 

Following that workshop and further work by the Shire and Housing Authority, a draft Strategy has now been finalised.  The Strategy is now going through internal approval processes within the Housing Authority and will be presented to Council at a workshop in November 2017.  Following these steps, the Strategy will be presented to Council for formal endorsement, with further advice and information to be provided to the Reference Group, Focus Groups and broader Broome community at this point.

 

Question Three:

I ask this question as Secretary of the Dinosaur Coast Management Group Inc. In 2011 the dinosaur tracks on the Dampier Peninsula coastline from Roebuck Bay to Cape Leveque (excluding the area from Dampier Creek to Entrance Point) were granted National Heritage status.   

 

Maralagun (Place of Marala) on Cable Beach (in front of the Cable Beach reserve) contains three-toed dinosaur tracks and is a site associated with the journey of a Bugarrigarra (Dreamtime) creator being called Marala, also known as Emu Man. Adjoining rock platforms also contain many sauropod tracks. Since the site hit the international media headlines in September 2016, when the tide is right and the sand has naturally washed out locals and tourists alike enjoy viewing the tracks of the theropods and sauropods.

 

Can the Cable Beach Foreshore Management Plan make reference to the abutting dinosaur tracks whether that is by the installation of signage, public art or other creative information sharing platforms?

 

Response provided by Director Development & Community:

The Cable Beach Foreshore Master Plan is a high-level concept plan intended to guide change within the foreshore precinct in both the short and long term. The inclusion of dinosaur footprints in the installation of signage, public art and creative information sharing platforms will be considered as part of the detailed design stage. This is likely to take the form of a wayfinding/ interpretation strategy.

 

********

 

The following questions were received from Graeme Macarthur at the meeting:

 

Question One:

We have spent several thousand dollars on our property at Coconut Well installing and improving fire breaks as well as purchasing a fire fighting trailer. During this period, on more than one occasion we have asked the rangers to get our northern neighbour to also install a fire break. They have agreed that a fire break was needed as the native scrub, which has grown right up to the fence, has not been burnt for over 20 years. On enquiry I was informed this week that the rangers have granted a variation to that neighbour in regards to their requirement for a fire break.

 

Will the Shire indemnify me from any loss to our property at 6 Denham Road caused by a fire impacting us from this neighbouring property, as you have granted a variation to them from the need to install a 3 metre fire break within 10 metres of the fence?

 

Response provided by the Chairman:

This question will be taken on notice.

 

Question Two:

We strongly support the policy of ensuring properties have, wherever possible a minimum 3 metre wide fire break within 10 metres of all external boundaries for properties at Coconut Well and encourage the Shire to enforce this policy.

 

How many properties are there at Coconut Well, and how many of these have been granted an exemption or variation from this policy and for what reason?

 

Response provided by the Chairman:

This question will be taken on notice.

 

Question Three:

Having lived and worked in the Kimberley region for 43 years, I have both seen and fought many large bushfires. I am extremely concerned with the large amount of dry fuel presently available in the region and note the Bureau of Meteorology today issued an extreme fire warning for the area.

 

Does the Shire consider the chance of erosion being caused by the installation of a fire break down a fence where there is clearly no evidence of this on the other side of the fence where a fire break is installed, as sufficient grounds to grant an exemption or variation to the requirement?

 

Response provided by the Chairman:

This question will be taken on notice.

 

********

 

The following questions were received from Peter Taylor at the meeting:

 

Question One:

For some time, there have been issues in Mallingbarr Community, including the number of visitors, overcrowded houses, loud music, drinking in public and physical abuse.  This is an intolerable situation and the behaviour is unacceptable. I have raised issues with the Police and the Shire, but nothing is happening.

 

Also, a number of buildings in the Community are structurally unsound. I will seek compensation if they cause damage to my property during a cyclone.

 

How can I get quiet enjoyment of my property?

 

Response by Director Community & Development:

The Shire shares these concerns and is aware of the issues in relation to particular properties. Officers have been onsite performing inspections. The Shire is working with the Community and other relevant agencies, and looking at what we can do within the Shire’s jurisdiction. However, the Shire has limited jurisdiction under some legislation, such as the Health Act.

 

The matter has been escalated and the Council has been informed of the issues.

 

Question Two:

Can I please have a written update and information on what action is being undertaken under the relevant legislation.

 

Response by director Community & Development:

I will provide a written update and further clarification, give me a couple of weeks when I may have more of an idea of the outcome.

 

5.         Confirmation Of Minutes

 

Council Resolution:

Moved: Cr D Male                                                    Seconded: Cr C Mitchell

That the Minutes of the Ordinary Meeting of Council held on 28 September 2017, as published and circulated, be confirmed as a true and accurate record of that meeting.

CARRIED UNANIMOUSLY 7/0

 

6.         Announcements By President Without Discussion

 

6.1     The Chairman referred to a request to address the Council and the community from the Shire President, Cr R Johnston, and requested that the letter be read at the meeting and included in the Minutes.

Message from Shire President Ron Johnston

It has brought me great satisfaction across the past two years to be at the head of an organisation that is united behind the Shire of Broome’s vision for “a thriving and friendly community that recognises our history and embraces cultural diversity and economic opportunity, whilst nurturing our natural and built environment.” This is more than just a statement - it is the guiding principle that drives the excellent work that is being done to take our community into the future while at the same time keeping an eye on our past and the history that makes us unique.

As evidence of this, I was pleased to receive a letter from the Hon. David Templeman, WA Minister for Local Government, commending our Council and staff on the outcome of a Department of Local Government and Communities Better Practice Review of the Shire of Broome. Please allow me to quote from the Review Report:

“The review found that the Shire is a high-performing local government which functions well; displaying a positive organisational culture, good governance and an emphasis on continuous improvement and innovation across all parts of the organisation. Key documents of the Shire including its various plans, policies and procedures are of an overall high standard and display a number of elements of good and better practice. Other strengths of the Shire relate to its activities in community engagement and development; good financial management; the application of quality organisation-wide integrated planning and a commitment to future-proofing the organisation through the documentation of a variety of practices, procedures and policies, introduction of various human resource and workforce management strategies and the use of innovative and new technologies.”

This high performance is reflected in the advances being made in our community. Broome’s three key precincts are Chinatown, Town Beach and Cable Beach and there have been significant achievements in each of these. Add to this the announcement of funding to seal the Cape Leveque Rd and in coming years the potential of the Dampier Peninsula and its communities will start to be realised.

The $12.7 million Chinatown Revitalisation Project is an invaluable opportunity to transform the ‘heart and soul’ of our town and work has now kicked off in earnest. The project has been made possible by $10 million through Royalties for Regions, $2 million from the Shire of Broome and $700,000 from Tourism WA and is being delivered by the Shire, Kimberley Development Commission and LandCorp to increase activity in Chinatown. Significant work has been carried out behind the scenes in preparation for streetscape construction to get underway in 2018, while feasibility studies are being conducted into a landmark Kimberley Centre for Culture, Art and Story, and a range of other projects. The Revitalisation also aims to equip our community, with initiatives such as a new grants scheme making available more than $400,000 in funding for business and community initiatives to boost Chinatown.

However, Chinatown does not stand in isolation and Council’s vision of linking the CBD to Town Beach is being realised with the Shire securing funding from Lotterywest to begin implementing the Town Beach Precinct Master Plan. Town Beach is a significant location for recreation, culture and heritage, and planned improvements include developing areas for heritage, youth and nature play, terraced viewing for the Staircase to the Moon, a look out and memorial, and expanding the existing water park.

Additionally, the new Cable Beach Development Strategy was adopted by Council, and a Cable Beach Foreshore Master Plan is nearing completion. Once this is in place the Shire can look to secure funding to make better use of Cable Beach’s public space and further underline its status as one of the world’s best beaches.  

With its unique location on the Indian Ocean, Broome should be destined to be a major transport hub in both air and sea for the north of Australia. With its unutilised land and water, Broome and the Kimberley should put these irreplaceable assets to work for the benefit of the people of the Region and the State. The Broome Shire Council has already commenced dialogue with the State Government to release the Unallocated Crown Land contained in its boundaries.

Education is a major issue for any Shire Council, and while the Broome Senior High School is amongst the best in WA, I remember the fights in the early 1980s to extract the one high school class out of the Broome Primary School to have a Senior High School established. More encouragement and assistance should be given to the University of Notre Dame to establish itself as a regional university for South-East Asia. Similarly, for many reasons an agricultural college specialising in tropical and sub-tropical studies should be established and maintained alongside Notre Dame as the foremost learning centres in the region.

Our sporting facilities are excellent and it should not be forgotten how many intrastate visitors these attract. I believe that some of the income raised by differential rating should be allocated to the further development of these sporting and recreational facilities, as while we already have visitors from the Pilbara and Kimberley coming to play basketball, golf and more, in the future we could also be welcoming visitors arriving from interstate and even internationally.

While these and other projects look at securing the future of Broome, in the past year Council has also knuckled down to tackle the issues that challenge our community. A new Community Safety Plan was adopted in 2016/17 and the Shire has since set about implementing the many recommendations. CCTV cameras have been rolled out in key locations such as Chinatown and Town Beach. An extensive audit of laneways around Broome has led to some being closed while others will continue to be monitored, and street lighting is progressively being upgraded. Additionally, Council has been strong and proactive in lobbying to have the Commonwealth’s Cashless Debit Card trial extended to Broome to tackle anti-social behaviour.

The Shire of Broome has also played a leading role as one of the seven leading regional local governments comprising the WA Regional Capitals Alliance, pushing the case for Local Government at the State and Federal levels. One example of the benefits of this advocacy for our ratepayers and residents is a saving this year of $170,000 in insurance costs. 

This is a snapshot of what has been achieved in the past year through the hard work of Councillors, Shire of Broome staff and the wider community, and I want to take this opportunity to thank them all for their stellar contributions.

Just lastly, can I thank Acting Shire President, Cr Harold Tracey, for allowing me this final opportunity to address the Council and the community, for stepping up during my recent absence from Council and for his continuation of the strong leadership that is delivering results for Broome. 

 

Ron ‘Sos’ Johnston

Shire President

 

7.         Petitions

 

Nil.

 

8.         Matters For Which The Meeting May Be Closed

 

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

 


 

9.

Reports

of

Officers


 

9.1

 

Our People

 

_DSC2089

 

 

PRIORITY STATEMENT

 

Embracing our cultural diversity and the relationship between our unique heritage and people, we aim to work in partnership with the community to provide relevant, quality services and infrastructure that meet the needs and aspirations of our community and those visiting and doing business in our region.

 

Supporting and contributing to the well-being and safety of our community is paramount, as is our focus on community engagement and participation.

 

Council aims to build safe, strong and resilient communities with access to services, infrastructure and opportunities that will result in an increase in active civic participation, a reduction in anti-social behaviour and improved social cohesion.

 


MinutesOrdinary Meeting of Council 19 October 2017                                                                             Page 20 of 780

 

 

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

 

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                               Seconded: Cr W Fryer

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.

CARRIED UNANIMOUSLY 7/0

 

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

  


Item 9.1.1 - 2017-2018 AMENDED ACTIVITY PLAN FOR KIMBERLEY REGION

 

 

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Item 9.1.1 - 2017-2018 AMENDED ACTIVITY PLAN FOR KIMBERLEY REGION

 

 

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9.2

 

Our Place

 

cablebeach

 

 

PRIORITY STATEMENT

 

The Shire of Broome has an abundance of unique natural features, coastal attractions, significant streetscapes, historic precincts and a mix of old and new urban developments.

 

Our aim is for all communities and settled areas, including the Broome Township, to be a place where the natural environment, on which life depends, is maintained, whilst at the same time the built environment contributes to the economy and a quality lifestyle for all.

 

Preserving the Shire’s natural environment is a critical community outcome. Council will put into place strategies that nurture and improve the Shire’s unique environment and biodiversity.

 

The Shire will work in partnership with the community and other agencies to ensure responsible and accountable management of both the natural and build environments is achieved in the short term and for future generations.


MinutesOrdinary Meeting of Council 19 October 2017                                                                               Page 43 of 46

 

 

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

 

 

Council Resolution:

(Report Recommendation)

Moved: Cr E Foy                                                        Seconded: Cr W Fryer

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.

CARRIED UNANIMOUSLY 7/0

 

Attachments

1.

Lot 555 on DP 406104

2.

UCL Lots 441 & 383

  


Item 9.2.1 - DEDICATION OF BIDYADANGA ROAD

 

 

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Item 9.2.1 - DEDICATION OF BIDYADANGA ROAD

 

 


MinutesOrdinary Meeting of Council 19 October 2017                                                                               Page 57 of 61

 

 

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 7 that 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 7 that 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 1 may 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

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                               Seconded: Cr D Male

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’.

CARRIED UNANIMOUSLY 7/0

 

Attachments

1.

Reserve 33704

2.

Aerial image of Reserve 33704

  


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

 

 

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MinutesOrdinary Meeting of Council 19 October 2017                                                                               Page 64 of 68

 

 

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.

(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 7 that 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   7 that 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 1 may 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 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

 

 

Council Resolution:

(Report Recommendation)

Moved: Cr B Rudeforth                                             Seconded: Cr C Mitchell

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.

CARRIED UNANIMOUSLY 7/0

 

Attachments

1.

Lot 3164 DP 218011

2.

Aerial image of Lot 3164 DP 218011

  


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

 

 

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MinutesOrdinary Meeting of Council 19 October 2017                                                                               Page 74 of 78

 

With regards to Item 9.2.4 Cr E Foy disclosed that “I have an association with Yawuru as a member. As a consequence, there may be a perception that my impartiality in the matter may be affected. I declare that I will consider this matter on its merits and vote accordingly.”

 

With regards to Item 9.2.4 Cr P Matsumoto disclosed that “I have an association with Yawuru as Native Title Holder and a Director (PBC). As a consequence, there may be a perception that my impartiality in the matter may be affected. I declare that I will consider this matter on its merits and vote accordingly.”

 

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

 

Cr E Foy moved an alternative motion.

 

MOtion:

Moved: Cr E Foy                                                        Seconded: Cr H Tracey

That Council defer consideration of Agenda Item 9.2.4 Final Adoption of Local Commercial Strategy to allow for a Councillor workshop to be held in relation to the strategy.

MOTION LOST 3/4

Reason:

Not all Councillors were present at Council workshop.

 

Council Resolution:

(Report Recommendation)

Moved: Cr D Male                                                    Seconded: Cr C Mitchell

 

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

 

CARRIED UNANIMOUSLY 7/0

Attachments

1.

Local Commercial Strategy

2.

Schedule of Submissions

  


Item 9.2.4 - FINAL ADOPTION OF LOCAL COMMERCIAL STRATEGY

 

 

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Item 9.2.4 - FINAL ADOPTION OF LOCAL COMMERCIAL STRATEGY

 

 

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MinutesOrdinary Meeting of Council 19 October 2017                                                                          Page 259 of 263

 

With regards to Item 9.2.5 Cr P Matsumoto disclosed that “I have an association with Yawuru as Native Title Holder and a Director (PBC). As a consequence, there may be a perception that my impartiality in the matter may be affected. I declare that I will consider this matter on its merits and vote accordingly.”

 

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:

Yawuru people recognised as the native title holders;

Use of Yawuru naming and interpretation;

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

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                               Seconded: Cr D Male

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

CARRIED UNANIMOUSLY 7/0

 

Attachments

1.

Schedule of submissions

2.

Cable Beach Foreshore Master Plan

  


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MinutesOrdinary Meeting of Council 19 October 2017                                                                          Page 263 of 265

 

 

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

 

Council Resolution:

(Report Recommendation)

Moved: Cr B Rudeforth                                             Seconded: Cr W Fryer

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.

CARRIED 6/1

 

Attachments

1.

Signed Petition

  

 


Item 9.2.6 - ANNUAL PRE CYCLONE CLEAN UP

 

 

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MinutesOrdinary Meeting of Council 19 October 2017                                                                          Page 284 of 287

 

 

With regard to Item 9.2.7, Cr E Foy declared a Financial Interest as “an interest of kinship son” and departed the Chambers at 6.00pm.

 

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

 

Council Resolution:

(Report Recommendation)

Moved: Cr H Tracey                                                 Seconded: Cr P Matsumoto

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.

CARRIED UNANIMOUSLY 6/0

 

Cr E Foy returned to the Chambers at 6.03pm and the Chairman advised the Report Recommendation was carried.

 

Attachments

1.

Email Request - Elsta Foy

  


Item 9.2.7 - MEMORIAL SEAT AT OLD BROOME JETTY

 

 

From: Cherry Lawton [mailto:cherry.lawton@broomecircle.org.au]
Sent: Friday, 15 September 2017 1:30 PM
To: Ron Johnston <
Councillor.Johnston@broome.wa.gov.au>; Mala Fairborn <councillor.fairborn@broome.wa.gov.au>; Warren Fryer <Councillor.Fryer@broome.wa.gov.au>; Harold Tracey <Councillor.Tracey@broome.wa.gov.au>; Desiree Male <councillor.male@broome.wa.gov.au>; Chris Mitchell <councillor.mitchell@broome.wa.gov.au>; Bruce Rudeforth <councillor.rudeforth@broome.wa.gov.au>; Steven Harding <Steven.Harding@broome.wa.gov.au>
Subject: Memorial seat at Old Broome Jetty

 

Broome Shire Council

Broome 6725

 

 

Dear Broome Shire Councillors,

 

I am writing to you today to ask that you will support my request for a seat to be placed at the end of the old Broome Jetty at Town Beach.

I am asking that the seat be built in remembrance of my son Ron Foy who recently passed away and whom visited the site since childhood.

Being a sea person of Yawuru decent he had a strong cultural connection to that area therefore seat at the site would hold a great significance for him and our family, culture and heritage.

This proposed seat will cater for all people who go out to see the staircase to the moon as well as people that just want to sit & look across the bay.

 

I hope that the council will look favourably on my request.

 

Yours faithfully,

 

Elsta Foy 

0429 788 535

 

 


 

9.3

 

Our Prosperity

 

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PRIORITY STATEMENT

 

Our region has grown significantly over the past years in terms of population, economy and industry – this will continue!  Balancing ecological sustainability with economic growth and retaining the ‘look and feel’ of Broome and its environs are an ongoing challenge for the region.  Encouraging appropriate investment and business development opportunities to ensure a strong, diverse economic base is essential for community prosperity and the success of our future generations.

 

Focusing on developing clear pathways linking education with employment for our youth and the community at large is essential as we aim to retain our local people and continue to build a skilled and highly motivated workforce.

 

Business and Industry partnerships must be fostered to ensure sustainable economic growth is achieved, along with the provision of affordable and equitable services and infrastructure.  Ensuring development meets community needs and legislative requirements whilst creating close community relationships and enhancing our understanding of local heritage and cultural issues will continue to be a major focus.  The built environment must contribute to the economy, long term viability of the region and provide a quality lifestyle for all.


Minutes – Ordinary Meeting of Council 19 October 2017                                                               Page 287 of 287

There are no reports in this section. 


 

9.4

 

Our Organisation

 

IMG_1865

 

PRIORITY STATEMENT

 

Council will strive to create an environment where local governance is delivered in an open and accountable manner; where we provide leadership to the region in such areas as planning and financial management; where the community has the opportunity to contribute to the Council’s decision making thereby fostering ownership of strategies and initiatives.

 

In delivering open, accountable and inclusive governance, we will be ever mindful that we operate within a highly regulated environment that requires a high level of compliance.

 

Council will strive to be the conduit between the other spheres of government and the community, translating State and Federal law, policy and practice into customer focussed, on ground service delivery that support’s Broome’s unique lifestyle.

 

The Region is experiencing significant change with Council dedicated to sound governance, effective leadership and innovation, and high quality services.  Building organisational capacity is a priority with a commitment to delivering services to the community in a sustainable, effective and accountable way.


MinutesOrdinary Meeting of Council 19 October 2017                                                                          Page 291 of 294

 

 

 

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

 

Council Resolution:

Moved: Cr B Rudeforth                                             Seconded: Cr C Mitchell

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.

CARRIED UNANIMOUSLY 7/0

 

Attachments

1.

Payment Listing September 2017

  


Item 9.4.1 - MONTHLY PAYMENT LISTING - SEPTEMBER 2017

 

 

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MinutesOrdinary Meeting of Council 19 October 2017                                                                          Page 318 of 322

 

 

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

 

Council Resolution:

(Report Recommendation)

Moved: Cr D Male                                                    Seconded: Cr C Mitchell

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.

CARRIED UNANIMOUSLY 7/0

 

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

 

 

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Item 9.4.2 - MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT SEPTEMBER 2017

 

 

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MinutesOrdinary Meeting of Council 19 October 2017                                                                          Page 438 of 440

 

 

Council Resolution:

Moved: Cr D Male                                                    Seconded: Cr C Mitchell

That the following Agenda item be brought forward for consideration before Item 9.4.3:

12.1            MINUTES OF THE AUDIT COMMITTEE MEETING HELD 16 OCTOBER 2017.

CARRIED UNANIMOUSLY 7/0

 

12.1       MINUTES OF THE AUDIT COMMITTEE MEETING HELD 16 OCTOBER 2017

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           FRE02

AUTHOR:                                                   Manager Financial Services

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Corporate Services

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    16 October 2017

 

SUMMARY:         This report presents to Council the minutes of the Audit Committee Meeting held 16 October 2017 for receipt and endorsement of the Audit Committee’s recommendation to adopt the 2016/2017 Annual Financial Report, the Audit and Management reports, and the report prepared by the Chief Executive Officer for the financial year ended 30 June 2017. Additionally, Council is requested to endorse the proposed allocation of the net operating surplus from 2016/2017.

The report also presents Audit Committee recommendations in relation to the Better Practice Review Report prepared by the Department of Local Government and Communities.

 

BACKGROUND

 

Previous Considerations

 

Nil

 

Department of Local Government and Communities Better Practice Review Program

 

The Local Government Better Practice Review (BPR) Program is an initiative undertaken by the Department of Local Government and Communities (DLGC) to recognise and promote good practice in Western Australian country local governments.  The BPR Program is part of the State Government’s Country Local Government Fund (CLGF) Capacity Building Program.

 

The program has been designed to acknowledge areas of better practice whilst encouraging improvement in the way local governments conduct their activities to ensure good governance and build the capacity of the local government sector.

 

Whilst the BPR report addresses some legislative requirements, it is important to note that this is not a compliance exercise, and feedback is focused on recognising current better practice, as well as building the capacity of the Shire to achieve better practice across a range of operations into the future.

 

Officers initially completed a self-assessment checklist and provided detailed information and documentation to the DLGC.  An onsite review was conducted in May 2016 where Department officers met with identified Shire of Broome staff and concluded by attending the Ordinary Meeting of Council held 26 May 2016.

 

Annual Financial Report & Audit Report 2016/2017

 

Pursuant to Section 7.9 of the Local Government Act 1995 (LGA), an Auditor is required to examine the accounts and annual financial report submitted by a local government for audit. The Auditor is also required, by 31 December following the financial year to which the accounts and report relate, prepare a report thereon and forward a copy of that report to:

            

             (a) Mayor or President; and

             (b) The Chief Executive Officer; and

             (c) The Minister.

 

Furthermore, in accordance with Regulation 10(4) of the Local Government (Audit) Regulations 1996 (Audit Regulations), where it is considered appropriate to do so, the Auditor may prepare a Management Report to accompany the Auditor’s Report, which is also to be forwarded to the persons specified in Section 7.9 of the LGA.

 

On finalisation of the Shire’s 2016/2017 final audit, the Auditors presented their initial findings to the Audit Committee for consideration at an informal briefing session held Wednesday 6 September 2017, which was attended by Acting Shire President Harold Tracey and Councillor Desiree Male.

 

The signed Auditor’s Report was received dated 3 October 2017. On 16 October 2017, the Audit Committee examined the reports of the auditor after receiving a report from the Chief Executive Officer (CEO) on the matters reported and:

 

·            Determined if any matters raised require action to be taken by the local government;

·            Ensured that appropriate action is taken in respect of those matters;

·            Reviewed the reports prepared by the CEO on any actions taken in respect of any matters raised in the report of the auditor; and

·            Recommended the audited financial report to Council for adoption.

 

A copy of the audited financial report is to be forwarded to the Minister within 6 months of receipt of the Auditor’s Report.

 

An analysis of the 2016/2017 operating result is provided in this report and how it compares to the forecasted outcomes of the Shire’s adopted Integrated Planning and Reporting Framework. As a background, the 2016/2017 Annual Financial Report discloses the results of the fifth year of implementation of the legislated Integrated Planning and Reporting Framework. The plans contained in the framework provide funding strategies to ensure Council can meet its adopted strategic objectives, while maintaining and forecasting impacts on the Shire’s future financial sustainability.

 

The Strategic Community Plan (SCP) 2017-2027 and Corporate Business Plan (CBP) 2017-2021 were adopted by Council at the Ordinary Meeting of Council (OMC) on 15 December 2016 and a revised 2017-2032 Long Term Financial Plan (LTFP) was also received by Council at the December 2016 OMC.  The Shire’s LTFP was reviewed in November 2016 to support the review of the SCP and CBP.  These plans informed the 2017/2018 annual budget process.

 

The Shire’s Asset Management Plans are currently undergoing a full review as part of the mandated integrated planning framework review process. This review is expected to be finalised in October with the draft Combined Infrastructure Asset Management Plan presented to Council in November.

 

COMMENT

 

Department of Local Government and Communities Better Practice Review Program

 

The report identifies areas of better practice, strengths and areas for further development under the headings of Governance; Planning and Regulatory; Plan for the Future; Assets and Finance; Workforce Planning and Human Resource Management; and Community and Consultation.

The review found “that the Shire is a high-performing local government which functions well; displaying a positive organisational culture, good governance and an emphasis on continuous improvement and innovation across all parts of the organisation.”

“Although the Shire is performing well, it should be noted there is still room for improvement, and accordingly, areas for further development have been identified through this report.”

“The Shire is commended for the quality and scope of work it has done to date, in addition to the work, and improvements, it looks to undertake, going forward.”

 

It should be noted that although the review was undertaken in May 2016 the finalised BPR document was only received by the Shire late in May 2017. Delivery of the final document was impacted by the transition of State Government following the caretaker period prior to and during the March 2017 State Election.

 

Following the election, the new Minister for Local Government issued a letter of acknowledgement to the Shire President congratulating the Council and staff for the high level of better practice at the Shire and commending the organisation’s commitment to innovation. The letter reiterated the comments in the BPR relating to the Shire being a high performing local government with positive culture, good governance and an emphasis on continual improvement and innovation.

 

The review also provided an action plan identifying areas that the Shire could focus on to further improve operations. These improvements were noted as being “minor in nature” and will be updated and the resulting action plan presented at the next Audit Committee meeting.

 

Annual Financial Report & Audit Report 2016/2017

 

Chief Executive Officer’s Report

 

Following is the CEO’s report on matters arising from the audit and management reports. Extracts from the audit and management reports are indented in italics.

 

Audit Report

 

There were no matters of statutory non-compliance reported.

 

Management Report

 

The Auditor’s Management Report provides an overview of the approach undertaken in respect of the annual audit process and the associated outcomes of the audit. The Management Report also identifies any findings that, whilst generally not material in relation to the overall audit of the financial report, are considered relevant to the day to day operations of the Shire.

 

1.   Matters Identified

 

There were no issues identified.

 

The Auditor provided comment on the Shire’s ratios, in particular the Asset Sustainability Ratio and the impact on depreciation resulting from the revaluation of infrastructure assets conducted during the year ended 30 June 2015.  The Auditor noted that this ratio has improved in the current year but is still below the five year Regional and State average.

 

The Auditor also noted the downward trend of the Shire’s Operating Surplus Ratio over the past five years and highlighted that Council and Management will need to consider ways to improve the position by either increasing revenue or decreasing expenditure, or both. It should be noted however, that the higher levels of depreciation as mentioned above, have also impacted this ratio.

 

The concerns relating to the condition assessment and remaining useful life which contributed to the higher level of depreciation have been addressed in the revised Asset Management Plan due to be presented to Council in November 2017.  This will be incorporated in the fair value valuation on infrastructure assets due by 30 June 2018, with the effects realised in the 2018/2019 financial year.

 

The Auditor’s comments on ratios are specifically discussed within the Management Report, as appended to the 2016/2017 Annual Financial Report.

 

2.   Audit Adjustments

 

Following the presentation of the draft 2016/2017 Financial Report to the Auditor, there were no amendments required to be actioned.

 

3.   Other Matters

 

There were no identified matters of fraud to report and there were no disagreements with management about significant accounting matters.

 

2016/2017 Operating Result

 

The financial year ended 30 June 2017 resulted in the following carried forward operating surplus:

 

             $1,879,323       Budgeted 2016/2017 operating surplus (as per 2017/2018 adopted                                  annual budget)

             $3,606,464      Actual 2016/2017 operating surplus

 

Note, this surplus is exclusive of non-cash transactions such as depreciation and the effects of asset revaluation gains or losses.

 

The 2017/2018 Annual Budget that was adopted at the Ordinary Meeting of Council held 29 June 2017, adopted an estimated brought forward operating surplus of $1,879,323 from 2016/2017. This was comprised of $1,485,897 Financial Assistance Grants received in advance and the balance of $393,426 comprising estimated surpluses from operating and capital projects that were not completed prior to the close of the financial year as detailed in Attachment 3 of item 5.2 of the Minutes of Audit Committee meeting. The estimated budgeted surplus was calculated prior to the close of financial year processing. The actual brought forward surplus for these projects, as adjusted for final actual expenditure or income is $567,138.

 

A further $17,841 of the carried forward surplus pertains to operating activities or capital projects which were not completed as expected, by 30 June 2017. The amounts represent expenditure committed prior to 30 June 2017 either by executed contract or purchase orders, where work was not completed or supplier invoices not received, by close of financial year processing.

 

Other factors contributing to the surplus include savings in salaries and wages and fringe benefits tax of $448K, unspent materials and contracts across primarily operating activities/projects of $1.6M, and savings of $30K in plant repairs, parts, fuel and tyres. Additional interest revenue of $152K was earned in the period.

 

However, these savings were offset by a number of target shortfalls in income. This included a reduction in expected fees and charges income of $76K primarily due to the decline in building and planning activities.

 

It is proposed that $133,000 of the surplus funds be utilised for those operational activities including business system improvements, minor building works required to the Administration building to accommodate the relocation of the engineering department and to improve access to the BRAC sporting grounds from Frederick St, consistent with funds already committed for other upgrade projects in this precinct in the 2017/2018 budget.

 

It is proposed that $193,249 of the surplus funds go towards funding the shortfall of Finance Assistance Grants for 2017/2018.  On 17 August 2017, advice was received from the WA Local Government Grants Commission, that the final 2017/2018 Financial Assistance Grants allocation had been reduced from previous indications given in May/June 2017. The reduction has affected all Local Governments in WA and was a result of new census data affecting the distribution of allocations to the States. The final allocation was $193,249 less than what had been budgeted in the 2017/2018 Adopted Budget.

 

It is recommended that the balance of unallocated funds of $1.289M be transferred to reserves. 

 

It is proposed that $331,600 be transferred to the Footpath Reserve for the specific purpose of leveraging grant funding from the Department of Transport for a shared path from Conti Foreshore to Town Beach. The Shire has progressed an expression of interest to a grant proposal stage and if successful, would receive matching grant funds through the Western Australian Bicycle Network grants program.

 

It is proposed that $250K be transferred to the Road Reserve and Drainage Reserve respectively for renewal, and the balance of $377,739 be transferred to the Public Open Space reserve to offset and reduce proposed borrowings required for the Town Beach Redevelopment Project adopted in the 2017/2018 annual budget.

 

A summary of the recommended surplus allocation is as follows:

 

SUMMARY OF 2016/2017 Surplus

2016/2017 TOTAL REPORTED SURPLUS

         3,606,464

Carry over FAGS grants received in advance

1,485,897

Recommended allocation of surplus funds:

Carry over as per adopted budgeted (Adjusted for final 2016/2017 actuals) - Attachment 3 of item 5.2 of the Minutes of Audit Committee meeting

             567,138

Additional carry over (represents expenditure committed prior to 30 June 2017 either by contract or purchase orders, where work was not completed or invoicing not received by close of Financial Year) - Attachment 4 of item 5.2 of the Minutes of Audit Committee meeting

17,841

Expenditure not committed as at 30 June 2017, but recommended use of surplus funds for specific projects or operational requirements - Attachment 5 of item 5.2 of the Minutes of Audit Committee meeting

133,000

Adjustment of FAGS grants - recommended use of surplus funds to offset the reduction of FAGS funding as advised August 17 – Attachment 5 of item 5.2 of the Minutes of Audit Committee meeting

193,249

Sub-total specified carryover

         2,317,125

Total Surplus remaining

             1,209,339

RECOMMENDED RESERVE TRANSFERS

Footpath Reserve

        331,600    

Road Reserve

        250,000

Drainage Reserve

250,000

Public Open Space Reserve

377,739

 

Revaluation of Shire Assets (Fair Value)

 

In accordance with regulation 17A of the Local Government (Financial Management) Regulations 1996, the Shire must value all assets at fair value and revalue all assets every 3 years. Fair value requirements came into effect in the year ended 30 June 2013.  The Shire is now in the second round of fair value revaluations with the three-year cycle recommencing in the 2015/2016 financial year.

 

In 2016/2017 the Shire’s Land and Building assets were revalued. The Shire also opted to bring forward the valuation of furniture and equipment assets which had previously been valued in conjunction with all other infrastructure asset classes. The revaluation resulted in a total decrement of $1.077M which was offset against the asset revaluation reserves for each asset category.

 

ADJUSTMENTS TO PRIOR YEARS ANNUAL REPORTS

 

There were no adjustments required to prior year reports.

 

CONSULTATION

 

Department of Local Government and Communities

 

STATUTORY ENVIRONMENT

 

Department of Local Government and Communities Better Practice Review Program

 

Nil.

 

Annual Financial Report & Audit Report 2016/2017

 

Local Government Act 1995

6.4.        Financial report

(1)         A local government is to prepare an annual financial report for the preceding financial year and such other financial reports as are prescribed.

(2)         The financial report is to — 

(a)        be prepared and presented in the manner and form prescribed; and

(b)        contain the prescribed information.

(3)         By 30 September following each financial year or such extended time as the Minister allows, a local government is to submit to its auditor — 

(a)        the accounts of the local government, balanced up to the last day of the preceding financial year; and

(b)        the annual financial report of the local government for the preceding financial year.

 

7.9.        Audit to be conducted

(1)         An auditor is required to examine the accounts and annual financial report submitted for audit and, by the 31 December next following the financial year to which the accounts and report relate or such later date as may be prescribed, to prepare a report thereon and forward a copy of that report to — 

(a)        the mayor or president; and

(b)        the CEO of the local government; and

(c)        the Minister.

(2)         Without limiting the generality of subsection (1), where the auditor considers that — 

(a)        there is any error or deficiency in an account or financial report submitted for audit; or

(b)        any money paid from, or due to, any fund or account of a local government has been or may have been misapplied to purposes not authorised by law; or

(c)        there is a matter arising from the examination of the accounts and annual financial report that needs to be addressed by the local government, details of that error, deficiency, misapplication or matter, are to be included in the report by the auditor.

(3)         The Minister may direct the auditor of a local government to examine a particular aspect of the accounts and the annual financial report submitted for audit by that local government and to — 

(a)        prepare a report thereon; and

(b)        forward a copy of that report to the Minister,

             and that direction has effect according to its terms.

(4)         If the Minister considers it appropriate to do so, the Minister is to forward a copy of the report referred to in subsection (3), or part of that report, to the CEO of the local government to be dealt with under section 7.12A.

 

7.12A.   Duties of local government with respect to audits

(1)         A local government is to do everything in its power to —

(a)        assist the auditor of the local government to conduct an audit and carry out his or her other duties under this Act in respect of the local government; and

(b)        ensure that audits are conducted successfully and expeditiously.

(2)         Without limiting the generality of subsection (1), a local government is to meet with the auditor of the local government at least once in every year.

(3)         A local government is to examine the report of the auditor prepared under section 7.9(1), and any report prepared under section 7.9(3) forwarded to it, and is to —

(a)        determine if any matters raised by the report, or reports, require action to be taken by the local government; and

(b)        ensure that appropriate action is taken in respect of those matters.

(4)         A local government is to —

(a)        prepare a report on any actions under subsection (3) in respect of an audit conducted in respect of a financial year; and

(b)        forward a copy of that report to the Minister, by the end of the next financial year, or 6 months after the last report prepared under section 7.9 is received by the local government, whichever is the latest in time.

 

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.

 

Local Government (Audit) Regulations 1996

10.         Report by auditor

(4)         Where it is considered by the auditor to be appropriate to do so, the auditor is to prepare a management report to accompany the auditor’s report and to forward a copy of the management report to the persons specified in section 7.9(1) with the auditor’s report.

 

Local Government (Financial Management) Regulations 1996

17A        Assets, valuation of for financial reports etc.

               (1)       In this regulation —

fair value, in relation to an asset, means the fair value of the asset measured in accordance with the AAS.

               (2)       Subject to subregulation (3), the value of an asset shown in a local government’s financial reports must be the fair value of the asset.

               (3)       A local government must show in each financial report —

                           (a)      for the financial year ending on 30 June 2013, the fair value of all of the assets of the local government that are plant and equipment; and

                           (b)      for the financial year ending on 30 June 2014, the fair value of all of the assets of the local government —

                                       (i)     that are plant and equipment; and

                                       (ii)     that are —

                                                      (I)          land and buildings; or

                                                      (II)         infrastructure;

                                      and

                           (c)      for a financial year ending on or after 30 June 2015, the fair value of all of the assets of the local government.

               (4)        A local government must revalue all assets of the local government of the classes specified in column 1 of the Table to this subregulation —

                           (a)      by the day specified in column 2 of the Table; and

                           (b)      by the expiry of each 3 yearly interval after that day.

Table

Class of asset

Day

Plant and equipment

30 June 2016

Land, buildings and infrastructure for which the fair value was shown in the local government’s annual financial report for the financial year ending on 30 June 2014

30 June 2017

All other classes of asset

30 June 2018

               (5)         A revaluation under subregulation (4) must be based on the value of the asset as at a time that is as close as possible to the day by which the revaluation is due.

 

POLICY IMPLICATIONS

 

2.1.1 - Materiality in Financial Reporting

2.1.4 - Significant Accounting Policies

 

FINANCIAL IMPLICATIONS

 

In terms of materiality, the unallocated surplus amount of $1,535,588 (surplus excluding FAGS grants in advance and committed expenditure) represents a variance of 4.04% compared to budgeted operating revenue for 2016/2017 of $38,013,988 (excluding non-operating grants and contributions for assets and profit on sale of assets). This is 3.04% over the adopted threshold of 1% ($380,139) as per Policy 2.1.1 Materiality in Financial Reporting.

 

RISK

 

The audited Annual Financial Report is a key control measure used to report to Council and its stakeholders to provide assurance that all systems, processes and controls have been established by the CEO to minimise the risk of any material misstatement or loss caused by fraud or error. The audit findings indicate areas requiring improvement and management have implemented measures to review processes. The report measures Council’s financial capacity to achieve its adopted strategic and operational objectives. A material variance indicates areas requiring investigation such as budget estimation/formulation, workforce management and Council’s overall resource capacity to achieve its strategic objectives.

 

Should this not be adopted by Council, the adoption of the 2016/2017 Annual Report to be presented at the October Ordinary Meeting of Council and Council’s ability to schedule the Annual Electors Meeting (AEM) in December as planned could be impacted. This poses a high risk due to the possible likelihood of occurring and the impact of a significant delay to major deliverables.

 

In regards to the proposed allocation of the 2016/2017 surplus, should the Council make alternative recommendations, the long term financial impacts of such should be analysed to ensure there are no adverse impacts to Council’s future financial sustainability and should be in line with the LTFP. In line with Council’s risk ratings, the risk is assessed as extreme where the financial impact is greater than $150,000 and the likelihood of this occurring is possible. To mitigate these risks, the report recommendations are required to be adopted.

 

STRATEGIC IMPLICATIONS  

 

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

 

Encourage communication.

 

Identify affordable services and initiatives to satisfy community needs.

 

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

 

Encourage the provision of affordable land for residential, industrial, commercial and community use.

 

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

 

Develop an organisational culture that strives for service excellence.

 

Review and analyse strategic and operational plans.

 

Manage resource allocation.

 

Manage staff attraction and retention.

 

Improve systems, processes and compliance.

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(COmmittee recommendation 1)

Moved: Cr D Male                                                    Seconded: Cr C Mitchell

That Council on recommendation from the Audit Committee:

1.       Receives the Better Practice Review Report from the Department of Local Government and Communities;

2.       Notes the identified areas where the Shire of Broome operates at a ‘better practice’ level; and

3.       Requests that the Chief Executive Officer review the actions plan provided and present an updated action plan to Council via the Audit Committee.

CARRIED UNANIMOUSLY 7/0

 

Council Resolution:

(COMMITTEE recommendation 2)

Moved: Cr D Male                                                    Seconded: Cr C Mitchell

That Council on recommendation from the Audit Committee:

1.       Receives the Chief Executive Officer’s report relating to the audit.

2.       Receives the Audit Report and Audit Management Report dated 3 October 2017.

3.       Adopts the Annual Financial Report for the year ended 30 June 2017.

4.       Allocates the net operating surplus from the 2016/2017 financial year as per Attachment 3, 4 and 5 of item 5.2 of the Minutes of Audit Committee meeting and applies $193,249 of the surplus to offset the reduction of 2017/2018 FAGS allocations with the balance of $1,209,339 to be transferred to reserves as follows:  

a)      Footpath Reserve $331,600

b)      Road Reserve $250,000

c)      Drainage Reserve $250,000

d)      Public Open Space Reserve $377,739

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 7/0

 

Attachments

1.

Minutes of Audit Committee Meeting held 16 October 2017

  


Item 12.1 - MINUTES OF THE AUDIT COMMITTEE MEETING HELD 16 OCTOBER 2017

 

 

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MinutesOrdinary Meeting of Council 19 October 2017                                                                          Page 582 of 586

 

 

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

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                               Seconded: Cr D Male

 

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.

 

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 7/0

 

Attachments

1.

Shire of Broome - 2016/2017 Annual Report

  


Item 9.4.3 - ANNUAL REPORT 2016/2017

 

 

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MinutesOrdinary Meeting of Council 19 October 2017                                                                          Page 701 of 704

 

 

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

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                               Seconded: Cr B Rudeforth

 

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.

CARRIED UNANIMOUSLY 7/0

 

Attachments

1.

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

  


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

 

 

PDF Creator


MinutesOrdinary Meeting of Council 19 October 2017                                                                          Page 705 of 708

 

 

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

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                               Seconded: Cr W Fryer

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.

CARRIED 6/1

 

Attachments

1.

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”.

  


MinutesOrdinary Meeting of Council 19 October 2017                                                                          Page 709 of 713

 

 

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

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                               Seconded: Cr B Rudeforth

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.

CARRIED UNANIMOUSLY 7/0

 

Attachments

1.

New Policy 2.3.8 CCTV

2.

Current Policy 5.3.1 CCTV

  


Item 9.4.6 - NEW POLICY - CCTV

 

 

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Item 9.4.6 - NEW POLICY - CCTV

 

 

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10.

 

Reports

Of

Committees


MinutesOrdinary Meeting of Council 19 October 2017                                                                          Page 723 of 725

 

 

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 communit