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

 

14 December 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 14 December 2017                                                                   Page 4 of 6

 

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

 

 

 

 

 

 

2017 Local Government Ordinary Election held 21 October

Councillor

Cr H Tracey

Cr D Male

Cr M Fairborn

Cr W Fryer

Cr E Foy

Cr C Marriott

Cr P Matsumoto

Cr C Mitchell

Cr B Rudeforth

2017

23 November

 

 

 

 

LOA

 

 

 

A

2017

14 December

 

 

A

A

A

 

 

 

 

 

·       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 14 December 2017                                                                        Page 6 of 1355

 

SHIRE OF BROOME

Ordinary Meeting of Council

Thursday 14 December 2017

INDEX – Minutes

 

1.               Official Opening.. 7

2.               Attendance and Apologies. 7

3.               Declarations Of Financial Interest / Impartiality. 7

4.               Public Question Time. 8

5.               Confirmation Of Minutes. 8

6.               Announcements By President Without Discussion.. 9

7.               Petitions. 9

8.               Matters For Which The Meeting May Be Closed.. 9

9.               Reports of Officers. 10

9.1      Our People. 11

9.1.1     SUBMISSION - WA YOUTH STRATEGY. 12

9.2      Our Place. 19

9.2.1     PROPOSED EASEMENT FROM DAMPIER DOWNS ROAD TO PETROLEUM PERMIT EP 493 (FINDER SHALE PTY LTD) 20

9.2.2     DRAINAGE RESERVE 34907 – CNR HAMERSLEY AND GUY STREETS. 27

9.2.3     REQUEST FROM RSPCA FOR CONTRIBUTION TOWARDS WEST KIMBERLEY RSPCA INSPECTOR. 35

9.2.5     LEASE VARIATION FOR MULBERRY TREE CHILD CARE. 53

9.2.6     LEASE DISPOSAL TO BROOME LOTTERIES HOUSE INC IN PORTION OF RESERVE 42502. 61

9.2.7     LEASE DISPOSAL TO BROOME GOLF CLUB INC.. 80

9.2.8     LEASE DISPOSAL: KIMBERLEY REGIONAL OFFICES, BUILDING 2, TENANCY 1,2 AND 3. 224

9.2.9     PROPOSED AMENDMENT OF THE PARKING AND PARKING FACILITIES LOCAL LAW 2012. 233

9.2.10  Submission - Senate Inquiry into the operation, regulation and funding of air route service delivery to rural, regional and remote communities. 269

9.2.11  DRAFT CHINATOWN PUBLIC ART AND INTERPRETATION STRATEGY. 485

9.2.12  CHINATOWN REVITALISATION GOVERNANCE - TERMS OF REFERENCE. 501

9.3      Our Prosperity. 516

9.3.1     CHINATOWN REVITALISATION PROJECT - COMMUNITY CONSULTATION ON DRAFT CHINATOWN REVITALISATION MASTERPLAN.. 517

9.3.2     INTRODUCTION OF TRADING NODES THROUGH THE TRADING IN PUBLIC PLACES POLICY. 662

9.3.3     ECONOMIC EVENTS AND TOURISM DEVELOPMENT FUNDING PROGRAM... 705

9.4      Our Organisation.. 722

9.4.1     MONTHLY PAYMENT LISTING - NOVEMBER 2017. 723

9.4.2     MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT NOVEMBER 2017. 754

9.4.3     MINUTES OF THE JOINT MEETING OF THE KIMBERLEY ZONE OF WALGA AND REGIONAL COLLABORATIVE GROUP HELD 1 SEPTEMBER 2017. 869

9.4.4     REVIEW OF DELEGATIONS OF AUTHORITY. 927

9.4.5     POLICY MANUAL REVIEW 2017. 1030

9.4.6     INTEGRATED PLANNING AND REPORTING FRAMEWORK - CORPORATE BUSINESS PLAN REVIEW... 1353

9.4.7     INFRASTRUCTURE ASSET MANAGEMENT PLAN.. 1391

10.            Reports of Committees. 1496

10.1      MINUTES OF THE AUDIT COMMITTEE MEETING HELD 6 DECEMBER 2017. 1497

11.            Notices of Motion.. 1517

12.            Business of an Urgent Nature. 1518

12.1   MINUTES OF THE JOINT MEETING OF THE KIMBERLEY ZONE OF WALGA AND REGIONAL COLLABORATIVE GROUP HELD 21 NOVEMBER 2017. 1518

13.            Questions By Members Of Which Due Notice Has Been Given.. 1639

14.            Matters Behind Closed Doors. 1639

9.2.4  APPLICATION TO EXTEND TERM OF DEVELOPMENT APPROVAL - TOURIST DEVELOPMENT - LOT 451 HAMERSLEY STREET, BROOME. 1640

12.2   PROCUREMENT OF UTILITIES - RFQ17-92. 1642

15.            Meeting Closure. 1643

 


MinutesOrdinary Meeting of Council 14 December 2017                                                                               Page 9 of 9

 

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 14 December 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                 Shire President

                                      Cr D Male                    Deputy Shire President

                                      Cr C Marriott              

                                      Cr P Matsumoto

                                      Cr C Mitchell

                                      Cr B Rudeforth

 

Leave of Absence:              Nil.

 

Apologies:                   Cr M Fairborn

                                      Cr E Foy

                                      Cr W Fryer

 

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 R Piggin                  Manager Governance

                                      Ms V Glanville             Senior Administration and Governance Officer

                                      Mr P Smith                   Manager Information Services

 

Public Gallery:            Glenn Cordingley      Broome Advertiser

                                      Jakeb Waddell           Broome Advertiser

                                      Denis Ryan                  Broome Futures

                                      Katie Bidewell             SAFE Broome

                                      Sally Peacock            DPIRD

                                      Scott Davis                  Broome Vet Hospital

                                      Carol Howe                Broome Golf Club

                                      Bill Minns                      Broome Golf Club

                                     

 

3.         Declarations Of Financial Interest / Impartiality

 

FINANCIAL INTEREST

Councillor

Item No

Item

Nature of Interest

Cr Tracey

9.2.4

APPLICATION TO EXTEND TERM OF DEVELOPMENT APPROVAL – TOURIST DEVELOPMENT – LOT 451 HAMERSLEY STREET, BROOME

Financial - I have been asked to tender on the construction of this project when it is documented, or if it goes ahead.

 

IMPARTIALITY

Councillor

Item No

Item

Nature of Interest

Cr Matsumoto

9.2.1

PROPOSED EASEMENT FROM DAMPIER DOWNS ROAD TO PETROLEUM PERMIT EP 493 (FINDER SHALE PTY LTD)

Impartiality - PBC Director Yawuru Native Title

Cr Matsumoto

9.2.2

DRAINAGE RESERVE 34907 – CNR HAMERSLEY AND GUY STREETS

Impartiality - PBC Director Yawuru Native Title

Cr Mitchell

9.2.3

REQUEST FROM RSPCA

Impartiality - I am a coordinator of a wildlife rehabilitation and rescue service – voluntary.

Cr Mitchell

9.2.7

LEASE DISPOSAL TO BROOME GOLF CLUB

Impartiality - I am a member of the Golf Club.

Cr Matsumoto

9.2.7

LEASE DISPOSAL TO BROOME GOLF CLUB

Impartiality - PBC Director Yawuru Native Title

Cr Male

9.2.11

DRAFT CHINATOWN PUBLIC ART AND INTERPRETATION STRATEGY

Impartiality - I run a business as well as a beneficiary of a trust that owns property in the precinct.

Cr Male

9.3.1

CHINATOWN REVITALISATION PROJECT – COMMUNITY CONSULTATION ON DRAFT CHINATOWN REVITALISATION MASTERPLAN

Impartiality - I run a business as well as a beneficiary of a trust that owns property in the precinct.

 

4.         Public Question Time

 

Nil.

 

5.         Confirmation Of Minutes

 

Council Resolution:

Moved: Cr C Marriott                                               Seconded: Cr C Mitchell

That the Minutes of the Ordinary Meeting of Council held on 23 November 2017, as published and circulated, be confirmed as a true and accurate record of that meeting.

CARRIED UNANIMOUSLY 6/0

 

 

6.         Announcements By President Without Discussion

 

Nil.

 

7.         Petitions

 

Nil.

 

8.         Matters For Which The Meeting May Be Closed

The Chairman advised 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.

The Chairman also advised that he accepted Item 12.2 Procurement of Utilities – RFQ17-92 as an item of Urgent business for consideration at this meeting.

Council Resolution:

Moved: Deputy Cr D Male                                      Seconded: Cr C Mitchell

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

9.2.4      APPLICATION TO EXTEND TERM OF DEVELOPMENT APPROVAL - TOURIST DEVELOPMENT - LOT 451 HAMERSLEY STREET, BROOME

Item 9.2.4 and any attachments are confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)(d) as it contains “legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting”.

12.2       PROCUREMENT OF UTILITIES - RFQ17-92

Item 12.2 and any attachments are 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”.

CARRIED UNANIMOUSLY 6/0

 

 


 

9.

Reports

of

Officers


 

9.1

 

Our People

 

_DSC2089

 

 

PRIORITY STATEMENT

 

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

 

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

 

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

 


MinutesOrdinary Meeting of Council 14 December 2017                                                                      Page 15 of 1354

 

 

9.1.1      SUBMISSION - WA YOUTH STRATEGY

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           COS15

AUTHOR:                                                   Manager Community and Economic Development

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    27 November 2017

 

SUMMARY:         The Department of Communities is currently calling for submissions as part of the development of a new State-wide youth strategy. This has been initiated by the Better Choices: Youth in WA discussion paper.

The Shire of Broome is well placed to contribute and advocate for youth in the region as informed by the Shire’s Youth Framework 2016 – 2018.

It is recommended that Council resolve to make a formal submission to the Department of Communities as part of the consultation process.

 

 

BACKGROUND

 

Previous Considerations

 

Nil.

 

Background

The Department of Communities (DoC) is developing a new youth strategy for Western Australia.

The strategy will be developed following consultation with young people, youth service providers and government agencies.

Input from these groups will aid the development of a coordinated and targeted five year strategy designed to improve the delivery of programs and services to support young Western Australians.

The first step towards the new strategy is the Better Choices: Youth in WA discussion paper (Discussion Paper). The Shire of Broome has the opportunity to provide feedback as part of the consultation process.

The deadline for submissions is Monday, 18 December 2017.

 

COMMENT

 

Better Choices: Youth in WA discussion paper

 

The Discussion Paper aims to generate discussion and identify opportunities on how to best support West Australian youth. Feedback from young people and youth sector agencies will be used to help build a new WA youth strategy aimed at making a positive contribution in this area.

 

The Discussion Paper outlines the key areas of youth services within the state, and provides a summary of issues facing the youth services system. These are:

 

1.    A fragmented funding which has resulted in challenges for cohesive policy development, funding and service delivery between multiple agencies.

2.    Limited visibility of services which results in a complex system which can be difficult for young people to access and navigate.

3.    A lack of clarity over governance which provides for limitations at a local and state level, impacting the effectiveness of services.

 

Best practice examples of youth service delivery are also provided from across the nation, as are a number of service models which could provide the backbone of an integrated and effective approach from State Government.

 

Kimberley Regional Youth Strategy

 

The Kimberley Regional Group (KRG) represents the four Kimberley local governments of Broome, Halls Creek, Derby/West Kimberley and Wyndham/East Kimberley. Based on correspondence and advice from the Department of Communities regarding the current consultation and submission process, the KRG will be submitting the Kimberley Regional Youth Strategy and Action Plan in lieu of making a formal submission. All background documents collated during the development of the Kimberley Regional Strategy will also be submitted – including consultation reports and data base reviews. The intent is for the Department of Communities to utilise the work already completed across the Kimberley to inform the development of the WA Youth Strategy.

 

Shire of Broome Youth Framework

 

The Shire of Broome’s Youth Framework 2016 – 2018 (Youth Framework) demonstrates the Shire’s commitment to young people in the region, guides its involvement in youth services and ensures that youth are engaged in future planning.  It contains 10 strategic priorities which were developed through consultation and research with community partners, key stakeholders and young people in the Broome region. These priorities are:

 

1.    A Voice for Youth

2.    Community Participation and Leadership

3.    Education, Training and Employment

4.    Youth Service Coordination

5.    Health and Wellbeing

6.    Alcohol and Other Drugs

7.    Safety

8.    Recreation and Leisure

9.    Events and Entertainment

10. Accommodation and Transport

 

Shire of Broome Submission

 

It is recommended that Council make the submission outlined in Attachment 1 of this report. The submission has been structured as per the DoC proforma, which examines responses to the following focus questions:

 

·     What specific programs would help young Western Australians make choices about their future?

·     Do you have suggestions on how to implement these programs?

·     Do you know of existing programs that can be leveraged to complement these suggestions?

·     How can we improve access to young people and the youth sector to relevant programs?

·     Do you have suggestions for specific programs in regional areas?

·     Do you have suggestions for specific programs in metropolitan areas?

·     Where should the focus of youth programs lie? Eg. on access and engagement, targeted intervention, or redirection services?

 

The submission refers to and draws from the Youth Framework in providing a response to these questions. 

 

CONSULTATION

 

The Youth Framework was developed following both broad and targeted community consultation, and has informed the submission to the Department of Communities.

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

 

POLICY IMPLICATIONS

 

Nil.

 

FINANCIAL IMPLICATIONS

 

There are no identified financial implications associated with Council presenting a submission.

 

RISK

 

The following risks have been identified for Council’s consideration. Based on the following analysis it is recommended that Council proceeds with the submission.

 

Risk

Type

Rank

Mitigation

Shire does not make an independent submission to the Inquiry.

Reputational

Low

Given the Shire’s commitment to youth, it is recommended that Council makes a submission.

The Shire’s submission is not supported by industry or stakeholder bodies.

Reputational

Low

The Shire’s submission has been informed by community consultation and an endorsed strategy document.

The Shire’s feedback makes limited impact.

Reputational

Low

The outcomes and recommendations of the consultation process are being guided by the State Government. The Shire is being proactive by participating in the consultation.

 

STRATEGIC IMPLICATIONS  

 

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

 

Effective communication

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Marriott                                               Seconded: Cr C Mitchell

That Council:  

1.       Endorses the submission, as shown in Attachment 1, to the Department of Communities in response to the 'Better Choices: Youth in WA' discussion paper.

2.       Requests that the Chief Executive Officer forward the submission to the Department of Communities.

CARRIED UNANIMOUSLY 6/0

 

Attachments

1.

Shire of Broome Submission Better Choices Youth in WA Discussion Paper

  


Item 9.1.1 - SUBMISSION - WA YOUTH STRATEGY

 

 

Our ref: MD: SM: COS15

 

27 November 2017

 

Hon Peter Tinley AM MLA

Minister for Youth

7th Floor
Dumas House
2 Havelock Street
WEST PERTH WA 6005

 

By email: youngpeople@dlgc.wa.gov.au; Minister.Tinley@dpc.wa.gov.au

 

Dear Minister

RE: SHIRE OF BROOME SUBMISSION – BETTER CHOICES: YOUTH IN WA DISCUSSION PAPER

Thank you for the opportunity for the Shire of Broome to contribute feedback on the Better Choices: Youth in WA discussion paper. The following feedback is informed by the Shire’s Youth Framework 2016 – 2018, which was developed in consultation with young people and youth sector stakeholders in the Broome region. Further to the responses below, the Shire of Broome Youth Framework 2016-2018 is attached for your information.

Focus Question Responses:

·   What specific programs would help young Western Australians make choices about their future?

1.    Access to Skills Development Support: A range of factors such as low levels of literacy, low level parent involvement, financial disadvantage and low self-esteem can lead to poorly developed personal or “life skills”. Skills such as the ability to obtain a driver’s license, basic interpersonal skills, and financial literacy are often taken for granted.

·   Do you have suggestions on how to implement these programs?

1.    Alignment with Future Opportunities: Young people in the Broome region identified education, training and employment opportunities as being an important factor for their long term health and wellbeing. Education and training underpins a wide range of opportunities for young people. However, there is a need to ensure that education and training programs align directly with real job opportunities and employment pathways are available to young people in Broome.

 

2.    Co-design: Young people tell us that it is important for them to feel represented by their government and be included in decisions that affect them. Engagement with young people must be meaningful and genuinely considered in the decision making process. Token gestures are easily identified as such and only damage young peoples’ trust in the organisation or project.

·     Do you know of existing programs that can be leveraged to complement these suggestions?

The Shire is aware of the following in the Broome region:

·   Broome Senior High School

·   St Mary’s College

·   Alternative learning programs (Broome Girls Academy and PCYC)

·   Kimberley Training Institute

·   Kimberley Group Training

·   University of Notre Dame

·   Workforce Development Centre

·   Employment services, in school transition support and vocational training programs, supported accommodation (Horizon House and MADALAH)

·     How can we improve access to young people and the youth sector to relevant programs?

1.   Improved Coordination: The Broome region has a large number of service providers who deliver a diverse range of support services for young people. Some coordinated networks exist around particular interest areas such as the Youth at Risk interagency meetings, however coordination of government and non-government youth services is not the responsibility of one group or organisation – and there are opportunities for improvement in this area.

 

2.   Improved Referrals and Marketing: Referral pathways help to ensure young people are connected with the most relevant and useful service for their needs, however there is a general lack of awareness and understanding of the services available to young people and information about services is not always accessible or easy to find.

3.   Support to Access Education, Training and Employment: Many young people are not able to access education and employment close to home and need to either travel into Broome from remote communities or leave the region to pursue education and employment opportunities. Support in the areas of travel, accommodation, life skills and study methods is required for young people to access education, training and employment opportunities. Support for disengaged and at-risk youth to engage in education, training and employment has been identified as a priority

·     Do you have suggestions for specific programs in regional areas?

1.      Health and Wellbeing: The Shire recognises the critical role family and friends play as the primary source of support in young people’s lives. Some of the challenges facing families of young people include high incidences of domestic violence, suicide, alcohol and other drug use and the prevalence of young people on the streets at night – and there is a need for ongoing wrap-around projects to address these issues.

 

2.      Alcohol and Other Drugs: Young people identified underage drinking, drug abuse, binge drinking, smoking and peer pressure as their top concerns around alcohol and other drugs. Young people are particularly concerned about the increasing use of ice (methamphetamine) and marijuana among youth in the Broome region.

·     Do you have suggestions for specific programs in metropolitan areas?

Most of the Shire’s focus has been support for young people within the local government region, although it recognises that support services in the metropolitan area are vital for youth who relocate away from family support.

·      Where should the focus of youth programs lie? eg: on access and engagement, targeted intervention, or redirection services?

The Shire’s Youth Framework sets out ten key priorities for young people in Broome and illustrate a vision for the outcomes and opportunities for young people in Broome:

1. A Voice for Youth

2. Community Participation and Leadership

3. Education, Training and Employment

4. Youth Service Coordination

5. Health and Wellbeing

6. Alcohol and Other Drugs

7. Safety

8. Recreation and Leisure

9. Events and Entertainment

10. Accommodation and Transport

These priorities were ranked and based on the following factors:

·    What matters most to young people

·    Areas where the Shire of Broome can make the biggest impact or has influence

·    Issues identified as having the greatest need or requiring the most attention

·    Activities that are considered core business for the Shire of Broome

While the Shire of Broome recognises that these priorities are based on a regional local government context, it believes that they can still inform the development of the State’s Youth Strategy.

Should the Department of Communities wish to seek any further clarification or require more information, please contact Mark Davis, Manager Community and Economic Development on 9191 3456 or mark.davis@broome.wa.gov.au.

Yours faithfully

 

 

SAM MASTROLEMBO

CHIEF EXECUTIVE OFFICER


 

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 14 December 2017                                                                      Page 23 of 1354

 

 

The Chairman advised that a revised report recommendation and Attachment 2 were circulated to Councillors prior to the meeting, following the receipt of advice from the Department of Planning, Lands and Heritage that they were now considering a S91 licence under the Land Administration Act 1997. A new Attachment 3 was also circulated regarding a request from Finder Shale Pty Ltd for an additional S91 licence for access for one of their subsidiary companies.

With regard to Item 9.2.1, Cr P Matsumoto declared the following impartiality interest pursuant to Regulation 11 of the Local Government (Rules of Conduct) Regulations 2007 – “PBC Director Yawuru Native Title”.

9.2.1      PROPOSED EASEMENT FROM DAMPIER DOWNS ROAD TO PETROLEUM PERMIT EP 493 (FINDER SHALE PTY LTD)

LOCATION/ADDRESS:                             Dampier Downs Road

APPLICANT:                                              Finder Shale Pty Ltd; Department of Planning, Lands and Heritage

FILE:                                                           ADM59

AUTHOR:                                                   Land Tenure Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    9 November 2017

 

SUMMARY:         The Shire has received correspondence from the Department of Planning, Lands and Heritage (DPLH) seeking the Shire’s comments in relation to Finder Shale Pty Ltd’s request for the grant of an access easement from their petroleum exploration licence located with the Shire boundaries to the Great Northern Highway.

As delegation does not exist for officers to provide comment, the request is being referred to Council for consideration.

This report recommends that Council supports the creation and granting of the access easement. 

 

 

BACKGROUND

 

Previous Considerations

 

Nil.

 

The Department of Planning, Lands and Heritage (DPLH), has received a proposal from Finder Shale Pty Ltd (Finder), the holder of petroleum exploration licence EP 493 (EP 493), to obtain an easement for ‘access’ over the existing Dampier Downs Road and existing track to access EP 493 (see Attachment 1).

 

The proposed easement covers an area of approximately 104 ha and traverses Dampier Downs, Thangoo and Roebuck Plains Pastoral Leases, as well as an unnumbered Unallocated Crown Land (UCL) parcel.

 

Dampier Downs Road has not been formally dedicated (gazetted) and therefore is not vested with the Shire of Broome.  Finder will upgrade and maintain the easement to access EP 493.

 

The Shire has received correspondence from the DPLH, seeking the Shire’s comments in relation to the proposed easement.

 

COMMENT

 

Finder is a private oil and gas company, founded in 2004 and based in West Perth.  Finder have several petroleum exploration and production permits in Australia, New Zealand, Jamaica and the United Kingdom, including EP 493 located in the Canning Basin.

 

The land on which the easement is proposed comprises a number of designations under the Shire’s Local Planning Strategy (Strategy) and Local Planning Scheme No.6 (LPS 6).

 

Designations in the Strategy include ‘Cultural and Natural Resource Use’ and the ‘Edgar Range Conservation Investigation Area’. The Strategy supports activities that identify and protect basic raw material resources and provide for their extraction.

 

The proposed access easement is zoned as ‘General Agriculture’ within LPS6.  The easement would be consistent with the existing zoning as it is not considered to adversely impact the rural character and the land.

 

Therefore, this report recommends that Council supports the creation and granting of the proposed access easement from EP 493 to the Great Northern Highway, shown as points 1 to 16 on the plan in Attachment 2.

 

CONSULTATION

 

The DPLH will undertake stakeholder consultation as due process.

 

STATUTORY ENVIRONMENT

 

Land Administration Act 1997 (WA)

144. Easements over Crown land, Minister’s powers to grant etc.

(1)  Subject to this section, the Minister may —

(a) with the consent of every management body of the relevant Crown land and of every person having any interest, right, title or power in respect of that land, grant to any person an easement in, on, over, through or under that Crown land for a specified purpose or any other purpose the Minister thinks fit; and

(b) in that grant express that easement to be subject to specified conditions and the payment of specified consideration.

(2)  The grantee of an easement may, with the consent of any management body or lessee of the relevant Crown land, apply to the Minister for the easement to be varied or cancelled.

(2a) An easement may be granted under this section despite the fact that the
        characteristics of the easement do not satisfy all of the characteristics that  must be satisfied for an easement to be created under the common law.

(3)  The Minister may, on receiving an application under subsection (2) —

(a) by order or other instrument vary or cancel the relevant easement; or

(b) refuse the application.

(4)  In this section —
specified purpose means for —

(a) the provision of pipes, conduits, cables, transmission lines, and other services; or

(b) the provision of any structure, plant, or equipment; or

(c) the provision of access for carrying out of any works and the performance of any maintenance that is necessary for, or ancillary or incidental to, giving effect to any of the purposes referred to in paragraph (a) or (b); or

(d) a prescribed purpose.

 

 

POLICY IMPLICATIONS

 

Nil.

 

FINANCIAL IMPLICATIONS

 

Finder will upgrade and maintain the proposed easement.  There will be no additional cost to the Shire.

 

RISK

 

The creation and grant of the access easements will provide formal access for Finder from EP 493 to the Great Northern Highway.  There is no foreseen risk to the Shire.

 

STRATEGIC IMPLICATIONS  

 

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

 

Affordable services and initiatives to satisfy community need

 

Our 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 B Rudeforth

That Council requests that the Chief Executive Officer advise the Department of Planning, Lands and Heritage that it supports the granting of the Section 91 Licence for access to Finder Shale Pty Ltd from petroleum exploration permit EP 493 to the Great Northern Highway, as depicted on the plan in Attachment 2 (Licence 1) and the granting of the Section 91 Licence for access to Finder Onshore No 1 Pty Ltd from SPA-21-AO to the Great Northern Highway as depicted in Attachment 3 (Licence 2).

CARRIED UNANIMOUSLY 6/0

 

Attachments

1.

Proposed easement from EP493 to Great Northern Hwy

2.

Proposed Licence to EP493 (Licence 1)

3.

Proposed Licence to SPA-21-AO (Licence 2)

  


Item 9.2.1 - PROPOSED EASEMENT FROM DAMPIER DOWNS ROAD TO PETROLEUM PERMIT EP 493 (FINDER SHALE PTY LTD)

 

 


Proposed Easement from Great Northern Highway along Dampier Downs Road and existing track to EP 493

Existing Dampier Downs Road (red)                  Existing track to EP 493 (yellow)


Minutes – Ordinary Meeting of Council 14 December 2017                                                          Page 26 of 1354



MinutesOrdinary Meeting of Council 14 December 2017                                                                      Page 31 of 1354

 

 

With regard to Item 9.2.2, Cr P Matsumoto declared the following impartiality interest pursuant to Regulation 11 of the Local Government (Rules of Conduct) Regulations 2007 – “PBC Director Yawuru Native Title”.

9.2.2      DRAINAGE RESERVE 34907 – CNR HAMERSLEY AND GUY STREETS

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           RES 41279

AUTHOR:                                                   Land Tenure Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    20 November 2017

 

SUMMARY:         Broome’s Jetty to Jetty project, a partnership between the Shire of Broome and Yawuru Native Title Holders and linking Chinatown and Town Beach, was endorsed by Council at its Ordinary Meeting of Council on 30 April 2015.

Subject to funding, the Shire intends to construct a section of the Jetty to Jetty walk trail along the foreshore on Hamersley Street, opposite the Continental Hotel (Conti shared path).  The proposed Conti shared path will encroach upon Reserve 39556, with Management Orders in favour of the Shire of Broome for the purpose of ‘recreation’ and Reserve 34907 for the purpose of ‘drainage’. 

Given the Jetty to Jetty project provides for recreational activities along the trail, this report recommends that Council write to the Department of Planning, Lands and Heritage seeking Management Orders for Reserve 34907 in the favour of the Shire of Broome for the purpose of ‘recreation and drainage’.

 

BACKGROUND

 

Previous Considerations

 

OMC 16 May 2013               Item 9.1.4

ACHAC 27 May 2014           Item 5.5

OMC 24 July 2014                 Item 9.2.4

OMC 30 April 2015               Item 9.2.3

 

Broome’s Jetty to Jetty project, a partnership between the Shire of Broome and Yawuru Native Title Holders and linking Chinatown and Town Beach, was endorsed by Council at its Ordinary Meeting of Council on 30 April 2015.

 

COUNCIL RESOLUTION:

 

REPORT RECOMMENDATION)

Moved: Cr C Mitchell                                              Seconded: Cr M Manado

 

That Council:

1.   Approve the site specific project plan including locations, content and materials to be used for the Jetty to Jetty Walk Trail as attached to allow for installation. 

2.   Notes that the scope and timing of implementation is dependant upon securing funding. 

3.   Notes that $31,505 will be used from account 116085 towards implementation of the project. 

4.   Requests the Chief Executive Officer to identify the unspent funds for this project as a carry over into the 2015/16 FY draft budget for Councils consideration  for  the development of a Interpretation Sign at Old Jetty/Town Beach.

 

CARRIED UNANIMOUSLY 6/0

 

The Jetty to Jetty project is a heritage walk linking Streeter’s Jetty in Chinatown and the site of Broome’s old jetty at Town Beach.  The proposed walk will use existing footpaths and highlight 13 historic locations along the route with interpretive signage and bench seating installed at each, with more locations identified for possible inclusion at a later stage.

 

The second phase of the Jetty to Jetty project will be the revetment work along the pindan cliffs at the Town Beach incorporating terracing and Staircase to the Moon viewing areas.

 

COMMENT

 

Subject to funding, the Shire intends to construct a section of the Jetty to Jetty walk trail along the foreshore on Hamersley Street (Conti shared path).  The proposed Conti shared path will encroach upon Reserve 39556, with Management Orders in favour of the Shire of Broome for the purpose of ‘recreation’ and Reserve 34907 for the purpose of ‘drainage’ (refer to page 2 in Attachment 1).

 

Reserve 34907 (Attachment 2) is only for the purpose of ‘drainage’. Therefore, it is recommended that the purpose of the Reserve be amended to include ‘recreation’ to allow for construction of the proposed Conti shared path.

 

To have Management Orders amended for Reserve 34907, the Shire must write to the Department of Planning, Lands and Heritage (DPLH) requesting the Minister for Lands amend the Management Orders in include the purpose of ‘recreation’.

 

It is therefore recommended that Council writes to the DPLH requesting that the Minister for Lands issue Management Orders for Reserve 34909 in the favour of the Shire of Broome for the purpose of ‘recreation and drainage’.

 

CONSULTATION

 

The Department of Planning, Lands and Heritage

 

This matter was discussed at the Yawuru Park Council Working Group on 22 November 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 Reserve 34907 with the amended purpose of ‘recreation and drainage’.  The Reserve currently serves a drainage purpose which the Shire currently maintains.

 

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 Marriott                                               Seconded: Cr C Mitchell

That Council request 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 34907 for the purpose of ‘drainage and recreation’.

CARRIED UNANIMOUSLY 6/0

 

Attachments

1.

Proposed Conti Shared Path - page 2 and Reserve 34907

2.

Reserve 34907 for drainage

  


Item 9.2.2 - DRAINAGE RESERVE 34907 – CNR HAMERSLEY AND GUY STREETS

 

 


 


Item 9.2.2 - DRAINAGE RESERVE 34907 – CNR HAMERSLEY AND GUY STREETS

 

 

Reserve 34907, Management Orders in favour of the Shire of Broome for the purpose of ‘drainage’ to include the purpose of ‘recreation’


MinutesOrdinary Meeting of Council 14 December 2017                                                                          Page 38 of 38

 

 

With regard to Item 9.2.3, Cr C Mitchell declared the following impartiality interest pursuant to Regulation 11 of the Local Government (Rules of Conduct) Regulations 2007 – “I am a co-ordinator of a Wildlife Rehabilitation and Rescue Service – Voluntary”.

9.2.3      REQUEST FROM RSPCA FOR CONTRIBUTION TOWARDS WEST KIMBERLEY RSPCA INSPECTOR

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              RSPCA

FILE:                                                           LAW021

AUTHOR:                                                   Manager Emergency, Health and Ranger Services

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    20 November 2017

 

SUMMARY:         The Shire of Broome has been approached by the RSPCA WA (Incorporated) to contribute funding towards basing an RSPCA Inspector in Broome to service the West Kimberley.

 

 

BACKGROUND

 

Previous Considerations

 

The Royal Society of Prevention of Cruelty to Animals (RSPCA) is a non-government animal welfare organisation that investigates reports of animal cruelty. It was established in Western Australia in 1892.

 

RSPCA Inspectors are designated as authorised officers for the purposes of the Animal Welfare Act 2002 (AW Act). The RSPCA currently receives funding from the State Government in the amount of $350,000 to contribute to the cost of having 11 inspectors based in Perth, Albany, Bunbury, Geraldton and Kalgoorlie.  The City of Kalgoorlie Boulder also contributes $40,000 annually towards the cost of the Inspector in that location.

 

The State Government does not employ any dedicated Animal Welfare Inspectors. WA Police Officers have all powers under the AW Act and are able to investigate reports of cruelty to animals. The WA Police generally refer reports to the RSPCA to investigate. If the RSPCA does not have Inspectors available they will generally refer the reports back to the WA Police to be investigated. It is Shire officers’ understanding that this is the current situation in Broome.

 

The AW Act allows for local government Rangers to be authorised as inspectors. However, this authorisation has not been implemented for Shire Rangers due to resourcing limitations. In the absence of this authorisation, Shire Rangers do not respond to reports of animal cruelty or neglect. Rangers will however assist the Police when requested, mainly with logistical assistance.

 

In October 2017, RSPCA WA approached the Shire of Broome seeking a contribution towards funding an Inspector to be based in Broome.  A copy of the RSPCA WA proposal is shown in Attachment 1. This Inspector would be the only RSPCA Inspector based north of Geraldton.

 

A two-year funding commitment of $25,000 per annum in the 2017/18 and 2018/19 financial years is being sought. The RSPCA proposal states that this is approximately 15% of the overall funding required for the position. Funding has also been sought from the Shire of Derby West Kimberley (SDWK). It is not known how the position will be funded in future years.

 

The RSPCA WA proposal states that the Shire of Broome will receive the following benefits:

 

·    Development and delivery of a community education program including two annual visits to each of the 12 schools in the Shire;

·    Two animal welfare articles provided for publication in the Shire’s newsletter each year; and

·    Provision of a dedicated Inspector based in Broome.

 

The RSPCA proposal also includes provision for an optional ‘RSPCA Community Action Day” at an additional cost of $5000. Community Action days are free community events that promote animal welfare. RSPCA inspectors, Ranger staff and veterinary staff can be available for community members to interact with.

 

Should Council choose to accept the RSPCA proposal it is anticipated that RSPCA will seek a formal Memorandum of Understanding with the Shire.

 

COMMENT

 

It is a common misconception that Shire Rangers have an obligation to respond to reports received regarding animal neglect or cruelty. Shire Rangers are authorised under both the Dog Act 1976 and the Cat Act 2008. The intent of both Acts is for the governance and promotion of responsible pet ownership.

 

Neither Act places an obligation on, nor provides authorisation or powers to investigate animal cruelty or neglect. Powers of that nature are contained within the AW Act. The Shire’s Rangers are not currently authorised under the AW Act. Should a Shire Ranger investigate matters of animal cruelty or neglect, then that person runs a risk that they will operate outside of their lawful authority.   

 

The Shire of Broome currently employs four Rangers and a Ranger Coordinator. These officers deal with a wide range of matters including illegal camping, parking, Dog Act and Cat Act responsibilities, fire mitigation and other general regulatory and local law compliance. The current scope of responsibilities allocated to Rangers mean that they do not have the capacity to deal with animal welfare issues, however they will assist other agencies where possible.

 

Shire officers support a RSPCA Inspector being based in Broome.  The Inspector will assist in promoting responsible pet ownership, a key priority of the Rangers. Shire Rangers do receive notification of or witness animal cruelty incidents, and it is a source of frustration that these incidents often go unresolved due to a lack of appropriately authorised Inspectors dedicated to that role.

 

Several years ago, Shire officers lobbied the RSPCA for an Inspector to be based in Broome. It appears that at the time, incidents of animal cruelty were as high as two to three reports a week. A search of Shire records indicates that there have been 23 animal welfare complaints received by the Shire since May 2015, and therefore from Shire records the number of animal cruelty and welfare issues arising in Broome appears to have decreased.

 

As stated above, RSPCA WA has also requested funding from the SDWK. It is understood that SDWK are supportive of the project, however have not committed to providing funding.

 

RSPCA WA have also stated that they are considering basing the officer at Port Hedland should that local government commit funding, dependent on the Shire of Broome and SDWK position. There will not be two officers based in the North West.

 

Overall, while the introduction of a RSPCA Inspector is fully supported by officers, it is felt that this is a State responsibility and that the costs should not be borne by ratepayers. Therefore, it is recommended that the proposal by RSPCA WA not be supported.

 

CONSULTATION

 

Shire officers were provided a briefing by RSPCA WA staff. It is understood that the RSPCA WA staff undertook further consultation with the following stakeholders:

·    ABC Radio

·    Broome Advertiser

·    Shire of Derby West Kimberley

·    SAFE Broome

·    Kimberley Wildlife

·    WA Police (Broome OIC)

·    Nirrumbuk.

 

The results of the consultation are not known; however it is anticipated that the stakeholders engaged would be supportive of the proposal.

 

STATUTORY ENVIRONMENT

 

Animal Welfare Act 2002 (WA)

 

POLICY IMPLICATIONS

 

Nil.

 

FINANCIAL IMPLICATIONS

 

The total cost of contributing towards a RSPCA Inspector being based in Broome is $50,000 ($25,000 per annum), with the first annual contribution to be made in this financial year and the second in the 2018/19 financial year.

 

There is currently no budget set aside for this expenditure.

 

RISK

 

There is no identified risk should Council support the proposal. Council does however have a risk of being perceived negatively by sections of the community by not supporting the project. Council may be perceived as not placing animal welfare as a high priority. The risk is assessed as being a minor reputational risk due to a possibility of local media reports and a low impact on community stakeholders. It is possible that the media will run an article. The risk is therefore deemed Moderate.

 

 

STRATEGIC IMPLICATIONS  

 

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

Simple Majority

 

REPORT RECOMMENDATION:

That Council requests that the Chief Executive Officer write to RSPCA WA advising that:

1.       Council is supportive of a RSPCA Inspector being based in Broome;

2.       However, the Shire declines to provide the requested financial contribution towards the RSPCA Inspector position, on the basis that this funding should be provided by the State Government.

Cr Mitchell moved an alternative motion.

Council Resolution:

Moved: Cr C Mitchell                                               Seconded: Cr D Male

That Council:

1.       Requests that the Chief Executive Officer write to RSPCA WA advising that:

a)      Council is supportive of a RSPCA Inspector being based in Broome; and

b)      Council proposes to allocate $25,000 per year over a two year period from         2017-18, pro‑rata for the remainder of this financial year.

2.       Requests that the Chief Executive Officer identify funds to support this proposal in        2017-18 through the Finance and Cost Review process.

CARRIED 5/1

Reasons:

There has been a track record of animal cruelty in Broome and the Kimberley region. Animal cruelty issues are not just about pets, but all wildlife. A lot of injured wildlife are  brought into the rehabilitation and rescue services. Improved education services would result in less animal cruelty in town and the region.

 

Attachments

1.

Animal Welfare Improvement Proposal - Shire of Broome


Item 9.2.3 - REQUEST FROM RSPCA FOR CONTRIBUTION TOWARDS WEST KIMBERLEY RSPCA INSPECTOR

 

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


MinutesOrdinary Meeting of Council 14 December 2017                                                                      Page 57 of 1354

 

 

9.2.5      LEASE VARIATION FOR MULBERRY TREE CHILD CARE

LOCATION/ADDRESS:                             RESERVE 1640, HERBERT STREET, BROOME

APPLICANT:                                              CACHET HOLDINGS PTY. LTD. / MULBERRY TREE CHILD CARE

FILE:                                                           LSS070

AUTHOR:                                                   Property and Leasing Senior Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Infrastructure

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    10 November 2017

 

SUMMARY:         This report seeks Council’s consideration to vary the lease between the Shire of Broome and Cachet Holding Pty. Ltd. (trading as Mulberry Tree Child Care & Kindy) on Reserve 1640 (known as 69 Herbert Street, Broome).

 

BACKGROUND

 

Previous Considerations

 

Reserve 1640 (69 Herbert Street, Broome) is vested in the Shire of Broome for the designated purpose of “Municipal Endowment”. Subject to approval in writing from the Minister of Lands, the Shire has been granted the power to lease (or sub-lease or license) for the designated purpose, for a term not exceeding twenty-one (21) years. The site is 1729sqm in size and comprises a large indoor day care facility with shaded outdoor play areas. Mulberry Tree Child Care & Kindy ‘Mulberry Tree’ is licensed to care for up to 55 children at the Herbert Street facility.

See attached 1 - Management Order

Cachet Holdings Pty. Ltd. is the owner / operators of Mulberry Tree Child Care & Kindy. Mulberry Tree commenced business in 1995 and currently operate 35 Child Care facilities across Western Australia, including three in the Kimberley. Mulberry Tree are the incumbent lessee and have been in operation on this site since 15 February 2008. The existing lease was originally executed by Chu Chuu’s Early Education Centre on 1 November 2007 and assigned to Cachet Holdings Pty. Ltd. on 15 February 2008.

 

On 30 August 2007 Council resolved:

 

 That Council:

1.   Agrees to a lease term of 5 years, with two additional 5-year terms.

 

2.   Endorses the proposal for Kim Gregory Blythe, Giuliana Serafino

Blythe and Kimlee Investments Pty Ltd and Bevin William Blythe, Faye Eileen

Blythe, to lease Reserve 1640 known as the Chu Chuus Early Education Centre for

$46,000 per annum, indexed to CPI annually, with market valuations every three

(3) years and the matter be advertised in accordance with the requirements of

section 3.58 of the Local Government Act 1995.

 

3.    That the Chief Executive Officer be authorised to finalise the terms and conditions of the lease agreement between the Shire of Broome and Kim Gregory Blythe,

Giuliana Serafino Blythe and Kimlee Investments Pty Ltd and Bevin William Blythe,

Faye Eileen Blythe for the Reserve 1640, for a Child Care Facility, subject to no

adverse comments being received during the public submission period.

 

4.    That the Chief Executive Officer be authorised to negotiate the sale of the equipment listed on the lease inventory with the current lessee.

 

Mulberry Tree has corresponded with the Shire requesting to vary the existing lease agreement by the way of altering ‘Clause 1’ and ‘The Schedule’ to reflect an additional option to renew for a period of six years:

             Commencing on   1 November 2022

             Expiring on               31 October 2028

This would extend the lease for six years, to the maximum term of 21 years, as approved by the Minister for Lands.

The request from Mulberry Tree extends the term beyond what was resolved by Council on the 30 August 2007. Therefore, under Section 3.58 of the Local Government Act 1995 the lease variation needs to be considered and resolved by Council to comply with the above-mentioned Act.

 See attachment 2. Letter from Mulberry Tree

 

COMMENT

Since Mulberry Tree took possession in 2008 they have met all the requirements and conditions of their lease agreement. During this time, Mulberry Tree have developed a good working relationship with the Shire of Broome.

 

Mulberry Tree request to extend the lease agreement reflects their long-term business plans to continue and grow their services in Broome and the Kimberley. The Herbert Street Centre alone employs up to 12 staff with more across their centres in Roebuck Estate and Broome North. The services provided by Mulberry Tree are critical for families in the community whom require after school care and long day care.

 

Officers recommend the Shire agree to the request from Mulberry Tree subject to vary the existing lease and provide an option to renew for a further term of six years, subject to:

 

1.       The Chief Executive Officer to obtain approval from the Minister of Lands to vary the existing lease by way of a ‘deed of variation’ in accordance with Section 18 of the Lands Administration Act 1977.

 

2.       The Chief Executive Officer advertise, in accordance with Section 3.58 (3) and (4) of the Local Government Act 1995 to vary the lease on Reserve 1640 to Cachet Holdings Pty. Ltd. to include an option to renew the lease for a further term of six (6) years from 1 November 2022 to 31 October 2028 at market valuation.

3.       If no submissions are received, authorises the Chief Executive Officer to negotiate the final terms and conditions of the Deed of Variation with Cachet Holdings Pty. Ltd. subject to:

a)        Consent of the Minister of Lands first being obtained.

b)        At the commencement of the option, the rent will be subject to a market valuation. The extension will be subject to annual CPI increases (Indexes based on Perth, All Groups, September Quarter). Note, no further market reviews are recommended as the term is restricted to six years.

c)        The lessee agrees to pay the costs associated with drafting the Deed of Variation and the rental valuation.

 

 

CONSULTATION

 

Cachet Holdings Pty. Ltd.

 

STATUTORY ENVIRONMENT

Local Government Act 1995

3.58.  Disposing of property

(1)     In this section — 

          “dispose” includes to sell, lease, or otherwise dispose of, whether absolutely or not;

property” includes the whole or any part of the interest of a local government in property, but does not include money.

(2)     Except as stated in this section, a local government can only dispose of property to — 

(a)    the highest bidder at public auction; or

(b)     the person who at public tender called by the local government makes what is, in the opinion of the local government, the most acceptable tender, whether or not it is the highest tender.

(3)     A local government can dispose of property other than under subsection (2) if, before agreeing to dispose of the property — 

(a)     it gives local public notice of the proposed disposition — 

(i)      describing the property concerned;

(ii)     giving details of the proposed disposition; and

(iii)     inviting submissions to be made to the local government before a date to be specified in the notice, being a date not less than 2 weeks after the notice is first given; and

(b)     it considers any submissions made to it before the date specified in the notice and, if its decision is made by the council or a committee, the decision and the reasons for it are recorded in the minutes of the meeting at which the decision was made.

(4)     The details of a proposed disposition that are required by subsection (3) (a) (ii) include — 

(a)     the names of all other parties concerned;

(b)     the consideration to be received by the local government for the disposition; and

(c)     the market value of the disposition as ascertained by a valuation carried out not more than 6 months before the proposed disposition.

(5)     This section does not apply to — 

(a)     a disposition of land under section 29 or 29B of the Public Works Act 1902;

(b)     a disposition of property in the course of carrying on a trading undertaking as defined in section 3.59;

(c)     anything that the local government provides to a particular person, for a fee or otherwise, in the performance of a function that it has under any written law; or

(d)     any other disposition that is excluded by regulations from the application of this section.

          [Section 3.58 amended by No. 49 of 2004 s. 27.]

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

Extending the existing lease will secure the Shire of Broome six additional years of income at market value (to be determined) in addition to annual CPI increases.

 

The full costs associated with drafting the deed and obtaining a market valuation will be at the lessee’s expense.

 

RISK

 

Should the Shire of Broome not agree to vary and extend the lease there is a risk that Mulberry Tree may look at other facilities across the community to meet their long-term business needs, resulting in the Shire losing a prime tenant. This would have a significant financial impact on the revenue generated from this reserve.

 

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:

 

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

 

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

 

Affordable and equitable services and infrastructure

 

Affordable land for residential, industrial, commercial and community use

 

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

 

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

 

Sustainable and integrated strategic and operational plans

 

Responsible resource allocation

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr D Male                                                    Seconded: Cr C Mitchell

That Council:

1.       Requests the Chief Executive Officer to obtain approval from the Minister of Lands to vary the existing lease by way of a ‘deed of variation’ in accordance with Section 18 of the Lands Administration Act 1977.

2.       Requests the Chief Executive Officer advertise, in accordance with Section 3.58 (3)     and (4) of the Local Government Act 1995 to vary the lease on Reserve 1640 to          Cachet Holdings Pty. Ltd. to include an option to renew the lease for a further term        of six (6) years from 1 November 2022 to 31 October 2028 at market valuation.

3.       If no submissions are received, authorises the Chief Executive Officer to negotiate the final terms and conditions of the Deed of Variation with Cachet Holdings Pty. Ltd. subject to:

          a)      Consent of the Minister of Lands first being obtained.

b)     At the commencement of the option, the rent will be subject to a market   valuation. The extension will be subject to an annual CPI (Indexes based on       Perth, All Groups, September Quarter) increase for each year of the option. 

          c)     The lessee agrees to pay the costs associated with drafting the Deed of      Variation and the rental valuation.

CARRIED UNANIMOUSLY 6/0

 

Attachments

1.

Management Order

2.

Request from Mulberry Tree

  


Item 9.2.5 - LEASE VARIATION FOR MULBERRY TREE CHILD CARE

 

 

PDF Creator


 

PDF Creator


Item 9.2.5 - LEASE VARIATION FOR MULBERRY TREE CHILD CARE

 

 

PDF Creator


MinutesOrdinary Meeting of Council 14 December 2017                                                                          Page 75 of 75

 

 

9.2.6      LEASE DISPOSAL TO BROOME LOTTERIES HOUSE INC IN PORTION OF RESERVE 42502

LOCATION/ADDRESS:                             Reserve 42502, Cable Beach Road East, Broome

 

APPLICANT:                                              Lotteries House Inc.

FILE:                                                           LSS024

AUTHOR:                                                   Property and Leasing Senior Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Infrastructure

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    1 November 2017

 

SUMMARY:         A request has been received from Broome Lotteries House to enter into a new lease on portion of Reserve 42502 for a period of 21-years to Broome Lotteries House Inc. This report recommends the approval of a new lease with re-defined lease boundaries over portion of Reserve 42502.

 

 

BACKGROUND

 

Previous Considerations

 

The Shire of Broome holds a Management Order over Reserve 42502 for the purposes of “Recreation, Civic, Cultural Centre & Short-Term Accommodation” with a power to lease for a term not exceeding 21 years.

A portion of Reserve 42502 shown in Attachment 1 to this report (“the Premises”) was leased to Broome Lotteries House Incorporated (“Broome Lotteries”) for a 21-year term commencing 8 May 1993 and expiring 7 May 2014, with a constant peppercorn rental amount throughout the term of $1.00 per annum. 

The lease offered a further term of twenty-one (21) years and a second further term of eight (8) years, however, the extensions are in contravention of the management order for Reserve 42502, and approval of a further extension of lease on the same terms cannot be approved. Furthermore, the tenants have indicated through consultation that new lease documentation would be preferable. Officers also seek to enter into a new lease given the age of the document and to clarify in more detail the relationship that exists between the tenant and the Lotteries Commission of Western Australia (“Lotteries Commission”) in a separate charitable Trust Deed dated 11th May 1994 (“Trust Deed”) – detailed later in this report. 

Broome Lotteries currently has ten (10) sub-leases in place with various not for-profit and community organisations. Attachment 2 outlines the current tenancies and the rental income for Broome Lotteries.

Following ongoing negotiations, Broome Lotteries has requested a new 10-year lease with an 11-year option to renew (Attachment 3), of which the essential terms of the lease are discussed below.

 

COMMENT

 

1.       Proposed Lease Terms

Negotiations have occurred with Broome Lotteries and the following terms are proposed for Council’s consideration:

 

(a)     Consent of the Minister of Lands being obtained.

(b)     Peppercorn Rent of $1.00 per annum.

(c)     Utilities service and consumption charges including telephone, electricity, gas and water covered by tenant. 

(d)     All maintenance and capital works shall be undertaken by the tenant in respect of the Premises including but not limited to:

a)      Cleaning.

b)      Repairs, replacement, renewal and upgrade of the Premises:

A.      Building and Common Areas.

B.      Plant and Equipment, including Air Conditioners.

C.      Building fit out and contents;

c)      Security.

d)      Pest Control.

e)      Painting.

f)       Emergency Service Equipment.

g)      Rubbish Collection, undertaken by the tenant at their own cost.  

(e)     Gardening Maintenance undertaken by the tenant. Currently paid by the Shire of Broome at an annual expense of $30,096.00.

(f)      Building Insurance undertaken by the Shire of Broome at its cost currently set at $17,086.00.

(g)     Tenant responsible for all maintenance, renewal and capital works across all building and assets outlines within the ‘leased area’.

(h)     Unilateral Assignment of Lease to the Lotteries Commission of WA if a Specified Event occurs in accordance with the terms of the Trust Deed dated 11 May 1994.

(i)      Tenant to provide to the Landlord annually a copy of its:

a)      current procedures manual.

b)      financial statement.

c)      occupancy list.

d)      short term hire register.

(j)      Tenant responsible for legal costs including the preparation, negotiation and registration of lease documentation throughout the lease, including any ancillary leasing documentation, i.e. sub-lease, short term hire arrangements, licenses or deeds of assignment.

A summary of these proposed terms in reference to the current lease are listed below. Please note that some of these issues are expanded further, later in this report.

 

Term

Current Lease

Proposed Lease

Comment

Rent

$1.00 per annum

$1.00 per annum

Same

 

Utilities

Tenant pays all service and consumption charges for all utilities

Tenant pays all service and consumption charges for all utilities

Same

 

Maintenance and Capital Works

General obligation to keep and maintain the land and improvements in good and substantial repair and condition and to rectify and make good any damage caused to the leased land or improvements

 

Silent on capital obligations although all capital renewal and upgrades have been undertaken by the tenant.

All maintenance and capital works in respect of the Premises including but not limited:

a)      Cleaning;

b)      Repairs, replacement, renewal and upgrade of the Premises:

A.  Building and Common Areas;

B.  Plant and Equipment, including Air Conditioners; and

C.  Building fit out and contents;

c)      Security;

d)     Pest Control;

e)     Painting;

f)      Emergency Service Equipment; and

g)     Rubbish Collection,

undertaken by the tenant at their own cost.

 

More defined and comprehensive guide in respect of maintenance and capital obligations

Preventative Maintenance

Lease is silent

But limited preventative maintenance is undertaken at the site with tenant’s consent  

Tenant responsible for all preventative maintenance costs as directed by the Shire of Broome.

 

Clarifying and formalising the current relationship as set out in the Shire Building Asset Management Plan.

Rates and Taxes

Exempt from Rates

Exempt from Rates

Same

Building Insurance

Paid by Lessor

Paid by Lessor (Currently $17,846.10 pa)

Same

Gardening Maintenance

Lease silent.

But gardening currently undertaken, and costs assumed by Lessor at $30,096pa

Gardening to be undertaken and costs assumed by Lessee

Responsibility shifted to Lessee

 

 

 

Unilateral assignment of interest in Lease to Lotteries Commission

Silent in Lease but covered in the Trust Deed

Unilateral assignment of Lease to Lotteries Commission on the occurrence of a specified event as defined by the terms of the trust deed defined in the new lease.

More clarity of the relationship between the Lease and the Trust to avoid any confusion or contraction between the two documents.

 

 

Legal Costs of Preparation of Lease

Silent

Payable by Lessee

Reasonable cost incurred for the renewal of a 21-year lease.

 

Lease Area

Area not clearly defined. Building and site plan has changed over years

Revised Plan

More detailed comprehensive outline of leased premise.

Proposed Use of Premises

 

 

 Lease Item 6 Schedule:

For the provision of office accommodation for organisations that are ‘eligible organisations’ as defined in section 19 of the Lotteries Commission Act 1990, for use by them exclusively for benevolent or charitable purposes.”

This conflicts with the use of the premises in the trust deed.

To make and keep available the trust property for organisations that are ‘eligible organisations’ as defined in section 19 of the Lotteries Commission Act 1990 WA, for use by them exclusively for:

(a)  Office accommodation for benevolent or charitable purposes; or

(b)  Training and children’s services facilities.”

 

Revised use to take into account obligations of tenant imposed on them by the trust deed:

Office Accommodation, Training and Children’s Facilities for organisations that are ‘eligible organisations’ as defined in Section 19 of the Lotteries Commission Act 1990 WA for use by them exclusively for benevolent or charitable activities”

 

More clarity of the relationship between the Lease and the Trust to avoid any confusion or contraction between the two documents.

Ancillary Leasing Arrangements Sub Leasing, Short Term Hire, Licensing

Silent in the current lease. 

However, the purpose of the lease is ‘ancillary leasing’ therefore, in order to comply with their purpose, they need to ensure that the tenants satisfy the “use” which includes compliance with Section 19 of the Lotteries Commission Act.

No formal consent of Shire required for ancillary leasing

A copy of:

(a)   current procedures manual;

(b)   financial statement;

(c)   occupancy list; and

(d)   short term hire register.

 

Provided to the Landlord annually to ensure transparency that the tenant is not in breach of their lease.

 

Additional Clause in lease that allows for a committee to be established, if required to consider ancillary leasing compliance and other leasing issues

More transparency for Landlord to ensure compliance with the terms of the lease and options available for Council to consider

 

2.       Additional Issues with the Lease

2.1    The Leased Area

The Leased area of the Premises outlined in attachment 1 did not take into account new buildings and other improvements located on the property.

The leased area also included the whole of the road access and car park, which could be problematic if in the future the land to the rear of the Lotteries House premise is developed.

Officers from the property and gardening departments have worked together with the tenant to define the proposed new leased area boundary in Attachment 4 to this recommendation.

Broome Lotteries has viewed the revised leased area and are happy to accept the revised lease area.

2.2    The Tenant and Trust Deed 

The initial construction of the buildings and improvements which are situated on the Premises were funded in some part by the Lotteries Commission. In light of this and the nature of the purpose of Broome Lotteries House, a Trust Deed was entered into to govern the relationship between the Lotteries Commission and Broome Lotteries. However, the lease deals with the relationship between the tenant Broome Lotteries and the Landlord Shire of Broome.

In the Trust Deed the Lotteries Commission is the beneficial owner of the Trust Property. The Trust Deed stipulates the Trust Property consists of:

(a)    Broome Lotteries interests under the Lease;

(b)    Broome Lotteries future interest in:

i.        The Land (which is the subject of the lease);

ii.       Any building on the Land that existed in 1994 when the Trust Deed was signed;

iii.      Any buildings which are constructed after the Trust Deed was signed; and

iv.      The improvements on the Land as at the date that the Trust Deed was signed.

The trust deed that exists between the parties is a Charitable Trust. Whereas an ordinary discretionary trusts vests after 80 years in accordance with the rules of perpetuity. Rather, this trust deals with the trust property for an infinite period.

Officers have considered various options to compel the Lotteries Commission to vest the trust to simplify the arrangement that occurs however, the Lotteries Commission has indicated that the trust is a common legal arrangement that they have across the State in similar lotteries house arrangements and they would not be prepared to vary or vest the trust at this stage.

Unlike other buildings constructed on Shire land if Council wanted to use the building for a purpose other than purpose contained in the lease according to the trust deed, they would need consent from Lotteries Commission or for the trust to be vested.

Therefore, officers recommend that Council simply accommodate the trust objectives in the lease arrangement. This will ensure that the leasehold is not conflicted or confused with the trust arrangement, a problem which has occurred throughout the term of the current lease.  

One way to interpret the relationship between Broome Lotteries and the Lotteries Commission is like a quasi franchisor or guarantor. If one of the “Specified Events” listed in the Trust Deed occurs, any beneficial interest that Broome Lotteries has in the lease including the running of its business operations, passes by default to the Lotteries Commission. This includes Broome Lotteries rights as tenant pursuant to any lease or future lease of the property.

A specified event under the Trust Deed includes:

·        The winding up, dissolution (by any means) or other mode of cessation of the existence of the Broome Lotteries.

·        The use of Trust Property by Broome Lotteries or by any other person for a purpose that is not or that ceased to be an approved purpose within the meaning of that expression as it is defined in section 19 of the Lotteries Commission Act 1990.

·        Broome Lotteries ceasing for any reason to be in the opinion of the Commission (as notified in writing) any longer an eligible organisation within the meaning of that expression as it is defined in section 19 of the Lotteries Commission Act 1990.

·        A Breach:

o   Of any of the undertakings of Broome Lotteries contained or implied in the Trust Deed;

o   Of any of the undertaking of Broome Lotteries in any deed,

         which is not remedied within 30 days after notice has been served by the Commission requiring the recipient of the notice to remedy that breach.

·        A Breach of any covenant or provision contained in the lease which might entitle the Lessor of the Premises to terminate the lease.

·        If:

o   The building or a substantial part of it is damaged or destroyed from any cause; or

o   The lease term is terminated for any reason other than by normal expiry by the passing of time.

Therefore, officers recommend that the trust deed be referenced in the lease with specific reference to the unilateral assignment of the lease to Lotteries Commission from Broome Lotteries in the event of a Specified Event as defined in the Trust Deed.  This will reduce the ambiguity that exists between the two documents.

The Lotteries Commission have indicated that they will provide a separate letter or deed of consent for the parties to the lease, to confirm the obligations on them imposed by the lease and the trust deed.

 

2.3    Proposed Use of the Premises

The use of the premises outlined in the 1993 lease noted:

“For the provision of office accommodation for organisations that are ‘eligible organisations’ as defined in section 19 of the Lotteries Commission Act 1990, for use by them exclusively for benevolent or charitable purposes.”

However, the relationship between the tenant and the Lotteries Commission through the Trust Deed ensures that the while Broome Lotteries has an interest in the premises (as a tenant) they can only use the premises to:

“To make and keep available the trust property for organisations that are ‘eligible organisations’ as defined in section 19 of the Lotteries Commission Act 1990 WA, for use by them exclusively for:

(c)       Office accommodation for benevolent or charitable purposes; or

(d)       Training and children’s services facilities.”

Given the tenant is restricted by this use through the trust deed, officers believe that the permitted use between landlord and tenant in the lease should be on similar terms, namely:

“Office Accommodation, Training and Children’s Facilities for organisations that are ‘eligible organisations’ as defined in Section 19 of the Lotteries Commission Act 1990 WA for use by them exclusively for benevolent or charitable activities”

Eligible Organisation:

Officers note that section 19 of the Lotteries Commission Act 1990 WA describes and eligible organisation as:

(a)    an institution, association, club, society, organisation or body, whether incorporated or not:

(i)      that is not a Minister of the Crown in right of the State, Government department, State trading concern, State instrumentality or State public utility; and

(ii)      that is not operated for the purpose of profit or financial gain to individual members, shareholders or owners; or

(b)    a local government or regional local government.

Therefore, while the Shire of Broome can utilise the premises, other government organisations and profit run businesses can not.

Charitable and Benevolent Purpose:

                   The Australian Charities and Not-for-profit Commission defines Charitable and   Benevolent as follows:

 

i)          For an organisation to have a charitable purpose they must be not for profit and for the public benefit.

 

ii)         For an organisation to have a benevolent purpose they must be a charitable institution that provides benevolent relief to people in need.

2.4    Ancillary Leasing Arrangements


The current lease is silent on ancillary leasing arrangements including, sub-leasing, assignment and licensing. Furthermore, there is no obligation in the current lease on the tenant to seek consent from the Landlord in respect of any ancillary leasing arrangements that are made.

Officers make the following comments in this regard:

 

a)      Sub – leasing, Short Term Hiring and Licensing

 

These ancillary leasing arrangements are set by the purpose of the lease therefore do not need to be addressed in detail in the lease. 

 

Unlike other Shire leased properties the granting of individual sub leases or licenses at Broome Lotteries House are governed by:

 

(a)    The purpose of the lease and its link to the Lotteries Commission Act 1990; and

(b)    The Trust Deed as the tenant is required to seek consent from the Lotteries Commission of WA before granting a lease or license.

The question then arises what involvement should the Shire of Broome have as Landlord in consenting to and ensuring that the sub lease, short term hire and licensing requirements of Broome Lotteries are in accordance with their lease obligations.

Firstly, pursuant to the purpose of the lease the Shire of Broome would not be required to satisfy the requirements of section 3.58 of the Local Government Act WA 1995 due to the requirement for any of the ancillary leasing arrangements to satisfy the conditions of Section 19 of the Lotteries Commission Act 1990 which accordingly ensures that the ancillary arrangements would also meet the requirements of Regulation 30(b) and 30(c) of the Local Government (Functions and General) Regulations 1996. Reg 30 is an exemption to section 3.58 of the Local Government Act WA 1995.

Officers recommend that sub-leases are dealt with by a special condition in the lease as outlined below:

Leasing Obligations

A condition of the lease could require the Tenant to provide to the Landlord annually a copy of:

(a)     current procedures manual;

(b)     financial statement;

(c)     occupancy list; and

(d)     short term hire register.

This ensures that Broome Lotteries are able to operate as much as possible independently from the Shire of Broome, which frees up officer and Councillor resources yet still allows the Shire to confirm the activities of the tenant are not in breach of the lease. Officers could present these documents to Council annually with confirmation of the tenant’s compliance of the lease.

 

2.       Assignment of Lease

Officers recommend that the Lease exclude the right of the tenant to assign the lease other than unilateral assignment to the Lotteries Commission of Western Australia its governing body with a Specified Event that occurs under the Trust Deed.

Accordingly, should the tenant breach its lease obligations a unilateral assignment to the Lotteries Commission could occur with the Landlord’s consent.

However, if the Lotteries Commission then took over assignment of the lease the same ‘quasi guarantor’ concessions would not apply.

As noted above Officers recommend that the Lotteries Commission be required to formally consent to confirm the obligations imposed on them by the trust deed and the lease.

Summary

Broome Lotteries House delivers subsidised office accommodation for non-for-profit organisations and community groups in the Broome LGA. It is run at 80% occupancy and delivers essential services to the sector whilst absorbing all the capital and maintenance cost of the facility.

Broome Lotteries House are seeking to extend their services by renewing their lease for a further 10 years with an 11-year option. To continue delivering this service they seek Council’s support by absorbing the cost of building insurance for the duration of the term. In return, Broome Lotteries House will take on all the costs associated with maintaining the grounds of the ‘leased area’ – currently budgeted to the SoB at $30,096.00pa. This will free up Council resources, which can be allocated to increase the service levels at other Reserves.

 

 

CONSULTATION

 

Broome Lotteries House

Lotterywest

 

 

STATUTORY ENVIRONMENT

 

Regulation 30 Local Government (Functions and General) Regulations 1996

30.     Dispositions of property to which section 3.58 of Act does not apply

(1)     A disposition that is described in this regulation as an exempt disposition is excluded from the application of section 3.58 of the Act.

(2)     A disposition of land is an exempt disposition if — 

(a)    the land is disposed of to an owner of adjoining land (in this paragraph called the transferee) and — 

(i)      its market value is less than $5 000; and

(ii)      the local government does not consider that ownership of the land would be of significant benefit to anyone other than the transferee;

(b)    the land is disposed of to a body, whether incorporated or not — 

(I)      the objects of which are of a charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature; and

(ii)      the members of which are not entitled or permitted to receive any pecuniary profit from the body’s transactions;

(c)    the land is disposed of to — 

(i)      the Crown in right of the State or the Commonwealth;

(ii)      a department, agency, or instrumentality of the Crown in right of the State or the Commonwealth; or

(iii)     another local government or a regional local government;

(d)    it is the leasing of land to an employee of the local government for use as the employee’s residence;

(e)    it is the leasing of land for a period of less than 2 years during all or any of which time the lease does not give the lessee the exclusive use of the land;

(f)      it is the leasing of land to a “medical practitioner” (as defined in section 3 of the Medical Act 1894) to be used for carrying on his or her medical practice; or

(g)    it is the leasing of residential property to a person.

(2a)   A disposition of property is an exempt disposition if the property is disposed of within 6 months after it has been —

(a)    put out to the highest bidder at public auction, in accordance with section 3.58(2)(a) of the Act, but either no bid is made, or any bid made does not reach a reserve price fixed by the local government;

(b)    the subject of a public tender process called by the local government, in accordance with section 3.58(2)(b) of the Act, but either no tender is received or any tender received is unacceptable; or

(c)    the subject of Statewide public notice under section 3.59(4), and if the business plan referred to in that notice described the property concerned and gave details of the proposed disposition including —

(i)      the names of all other parties concerned;

(ii)      the consideration to be received by the local government for the disposition; and

(iii)     the market value of the disposition as ascertained by a valuation carried out not more than 12 months before the proposed disposition.

(2b)   Details (see section 3.58(4) of the Act) of a disposition of property under sub regulation (2a) must be made available for public inspection for at least 12 months from the initial auction or tender, as the case requires.

(3)     A disposition of property other than land is an exempt disposition if — 

(a)    its market value is less than $20 000; or

(b)    it is disposed of as part of the consideration for other property that the local government is acquiring for a consideration the total value of which is not more, or worth more, than $50 000.

[Regulation 30 amended in Gazette 25 Feb 2000 p. 974‑5; 28 Apr 2000 p. 2041; 31 Mar 2005 p. 1055‑6.]

Section 3.58 Local Government Act 1995

 

3.58.     Disposing of property

(1)    In this section — 

·                   “dispose” includes to sell, lease, or otherwise dispose of, whether absolutely or not;

·                   “property” includes the whole or any part of the interest of a local government in property, but does not include money.

(2)   Except as stated in this section, a local government can only dispose of property to — 

(a) the highest bidder at public auction; or

(b) the person who at public tender called by the local government makes what is, in the opinion of the local government, the most acceptable tender, whether or not it is the highest tender.

(3)  A local government can dispose of property other than under subsection (2) if, before agreeing to dispose of the property — 

(a)   it gives local public notice of the proposed disposition — 

(i)    describing the property concerned;

(ii)    giving details of the proposed disposition; and

(iii)   inviting submissions to be made to the local government before a date to be specified in the notice, being a date not less than 2 weeks after the notice is first given;

                            and

(b)   it considers any submissions made to it before the date specified in the notice and, if its decision is made by the council or a committee, the decision and the reasons for it are recorded in the minutes of the meeting at which the decision was made.

(4)   The details of a proposed disposition that are required by subsection (3)(a)(ii) include — 

(a)   the names of all other parties concerned;

(b)   the consideration to be received by the local government for the disposition; and

(c)   the market value of the disposition as ascertained by a valuation carried out not more than 6 months before the proposed disposition.

(5)   This section does not apply to — 

(a)   a disposition of land under section 29 or 29B of the Public Works Act 1902;

(b)   a disposition of property in the course of carrying on a trading undertaking as defined in section 3.59;

(c)   anything that the local government provides to a particular person, for a fee or otherwise, in the performance of a function that it has under any written law; or

(d)   any other disposition that is excluded by regulations from the application of this section.

               [Section 3.58 amended by No. 49 of 2004 s. 27.]

 

Section 5.8 Local Government Act 1995

 

5.8     Establishment of Committees

          A local government may establish* (absolute majority required) committees of 3 or more persons to assist the council and to exercise the powers and discharge the duties of the local government that can be delegated to committees.

 

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

The table below summarises financial implications of the Lease disposal generally on an annual basis with some specific costs incurred on a once off basis.

 

 

Portion Reserve 42502

Broome Lotteries House

Income

From Tenant

(excluding GST * items will have GST included)

Expense by Shire

 

Budget Amendment

Account

 

 

Rent (per annum)

$1.00

 

No already budgeted 111411

Gardening (per annum)

 

0.00

Current budgeted for in Acc 111026 Budget Saving Of $12,540 to be allocated to another Reserve

Insurance (per annum)

 

$17,846.10

already budgeted Acc 111021

Water

$3000

$3000

 Already budgeted 111021/111411

Estimated Legal Costs (once off) to prepare lease

$2,000*

$2,000*

Already budgeted 144027/142995

TOTAL

$5,001

$22,846.10

 

NET SHIRE POSITION

 

-$17,846.10

 

 

* Estimate Only.

 

RISK

 

Broome Lotteries House provides affordable office accommodation for up to 16 non-for-profit or community groups based in Broome. Should the Shire of Broome not accept the terms and conditions of the lease, there is a risk that Broome Lotteries would not be viable and may not be able to continue to operate in its current format.

 

STRATEGIC IMPLICATIONS

 

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

 

Affordable services and initiatives to satisfy community need

 

Accessible and safe community spaces

 

Our 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:

 

Responsible resource allocation

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:  

1.   Accepts, in accordance with Local Government (Functions and General) Regulations 1996, Section 30(2)(b) the request from Broome Lotteries House Inc. to lease portion of Reserve 42502 for a term of ten (10) years with a further eleven (11) year option in line with the terms and conditions set out below:

     (i)    Consent of the Minister of Lands being obtained.

    (ii)   Utilities service and consumption charges including telephone, electricity, gas     and water covered by tenant; 

   (iii)    All maintenance and capital works in respect of the Premises including but not limited:

             a)      Cleaning;

             b)     Repairs, replacement, renewal and upgrade of the Premises:

·    Building and Common Areas;

·    Plant and Equipment, including Air Conditioners; and

·    Building fit out and contents.

                   c)      Security;

                   d)      Pest Control;

                  e)      Painting;

                   f)      Emergency Service Equipment; and

                   g)     Rubbish Collection, undertaken by the tenant at their own cost.

        (iv)     Rates and Taxes paid by Shire of Broome; 

        (v)      Gardening Maintenance undertaken by the tenant. Currently paid by the Shire of Broome at an annual expense of $30,096.00

       (vi)     Building Insurance undertaken by the Shire of Broome at its cost currently set at $17,086.00

    (vii)      Tenant responsible for all maintenance, renewal and capital works across all               building and assets outlines within the ‘leased area’.

    (viii)      Unilateral Assignment of Lease to the Lotteries Commission of WA if a specified   event occurs in accordance with the terms of the Trust Deed dated 11 May   1994.

          (ix)   Tenant to provide to the Landlord annually a copy of it’s:

i. current procedures manual;

ii.         financial statement;

iii.         occupancy list; and

iv.        short term hire register.

          (x)   Tenant responsible for legal costs including the preparation, negotiation and                  registration of lease documentation throughout the lease, including any                        ancillary leasing documentation, i.e. sub lease, short term hire arrangements,               licenses or deeds of assignment.

                

2.     Authorises the Chief Executive Officer to negotiate the final terms and conditions of the lease.

 

Cr Rudeforth moved an alternative motion.

council resolution:

Moved: Cr B Rudeforth                                             Seconded: Cr C Mitchell

That Council:  

1.               Accepts, in accordance with Local Government (Functions and General) Regulations 1996, Section 30(2)(b) the request from Broome Lotteries House Inc. to lease portion of Reserve 42502 for a term of ten (10) years with a further eleven (11) year option in line with the terms and conditions set out below:

 

(i)       Consent of the Minister of Lands being obtained;

(ii)      Peppercorn rent of $1 per annum;

(iii)     Utilities service and consumption charges including telephone, electricity, gas and water covered by tenant; 

(iv)    All maintenance and capital works in respect of the Premises including but not limited:

a)          Cleaning;

b)          Repairs, replacement, renewal and upgrade of the Premises:

·                Building and Common Areas;

·                Plant and Equipment, including Air Conditioners; and

·                Building fit out and contents.

c)          Security;

d)          Pest Control;

e)          Painting;

f)            Emergency Service Equipment; and

g)          Rubbish Collection, undertaken by the tenant at their own cost.

(v)     Rates and Taxes paid by the Tenant. 

(vi)    Gardening Maintenance undertaken by the Tenant.    

(vii)   Building Insurance undertaken by the Tenant.

(viii)  Tenant responsible for all maintenance, renewal and capital works across all building and assets outlines within the ‘leased area’.

(ix)    Unilateral Assignment of Lease to the Lotteries Commission of WA if a specified event occurs in accordance with the terms of the Trust Deed dated 11 May 1994.

(x)     Tenant to provide to the Landlord annually a copy of it’s:

                                 a)             current procedures manual;

                                 b)          financial statement;

                                 c)             occupancy list; and

                                 d)             short term hire register.

                                 e)             Certificates of Insurance for the buildings.

(xi)    Tenant responsible for legal costs including the preparation, negotiation and registration of lease documentation throughout the lease, including any ancillary leasing documentation, i.e. sub lease, short term hire arrangements, licenses or deeds of assignment.

 

2.            Authorises the Chief Executive Officer to negotiate the final terms and conditions of the lease.

CARRIED UNANIMOUSLY 6/0

 

Reasons:

The Tenant should be responsible for gardening maintenance and building insurance. These costs are currently paid by the Shire of Broome at an annual cost of $30,096 and $17,086 respectively.

 

Attachments

1.

Existing Site Plan

2.

Sub Leases and Rates (Confidential to Councillors and Directors Only)

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

3.

Request to Lease

4.

New Lease Boundaries


Item 9.2.6 - LEASE DISPOSAL TO BROOME LOTTERIES HOUSE INC IN PORTION OF RESERVE 42502

 

 


Item 9.2.6 - LEASE DISPOSAL TO BROOME LOTTERIES HOUSE INC IN PORTION OF RESERVE 42502

 

 

PDF Creator


PDF Creator


 

PDF Creator


MinutesOrdinary Meeting of Council 14 December 2017                                                                      Page 93 of 1354

 

 

With regard to Item 9.2.7, Cr P Matsumoto declared the following impartiality interest pursuant to Regulation 11 of the Local Government (Rules of Conduct) Regulations 2007 – “PBC Director Yawuru Native Title”.

With regard to Item 9.2.7, Cr C Mitchell declared the following impartiality interest pursuant to Regulation 11 of the Local Government (Rules of Conduct) Regulations 2007 – “am a member of the Golf Club”.

9.2.7      LEASE DISPOSAL TO BROOME GOLF CLUB INC

LOCATION/ADDRESS:                             RESERVE 33592 AND 29300

APPLICANT:                                              BROOME GOLF CLUB INC.

FILE:                                                           LSS022

AUTHOR:                                                   Property and Leasing Senior Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Infrastructure

DISCLOSURE OF INTEREST:                      NIL

DATE OF REPORT:                                    25 November 2017

 

SUMMARY:         This report requests Council to accept the Business Case and Funding Strategy for the proposed re-development of the Broome Golf Club (as presented by Broome Golf Club Inc (BGC)). Council is also requested to note that BGC have met the conditions outlined in Clause 16 of their current lease agreement. Further, Council is also requested to consider entering into an ‘Agreement for Further Lease’ with the BGC to reflect the Councils intention to enter into a new 21 year lease upon completion of the proposed development (subject to further terms and conditions).

 

 

BACKGROUND

 

Previous Considerations

 

OMC 15 December 2016                 Item 9.2.5

OMC 17 December 2015                 11.1 (Notice of Motion)

OMC 15 October 2015                     12.1 (Matters of Urgent Business)

OMC 24 April 2013                             Item 9.1.3

OMC 21 March 2013                         Item 9.2.2

OMC 4 May 2004                               Item 9.5.1

 

The Land:

a)      Reserve 29300, comprising of Lot 1198, Lot 1199 and Lot 851 being a legal area of 853,376sqm. This Reserve is vested to the Shire of Broome (the Shire) for the purpose of “Public Recreation – Golf Links” with power, subject to approval in writing of the Minister for Lands to each and every lease or assignment of lease first obtained, for any term not exceeding 21 years.

b)      Reserve 33592, comprising of Lot 1197 being a legal area of 5,016sqm. This Reserve is vested to the Shire of Broome for the purpose of “Club and Club Premises” with power, subject to approval in writing of the Minister for Lands to each and every lease or assignment of lease first obtained, for any term not exceeding 21 years from the date of the lease, subject nevertheless to the powers reserved by Section 37 of the Land Act 1933.

 

See attachment 1

 

Lease Background and Special Conditions

 

At the OMC held 21 March 2013, Council resolved to enter into a lease agreement with the Broome Golf Club to lease a portion of Reserves 29300 and 33592 for the purpose of recreation golf links, club and club premises, for a term of 15 years. Council resolved that as a condition of the lease the Broome Golf Club was to achieve the following milestones within the first five years:

 

a)      Development of detailed plans for the construction of new clubhouse, these plans to be independently costed.

 

b)      Development of a funding strategy for construction of the new clubhouse. This would also need to include demonstrating attempting to secure funding or approaching financial institutions to secure loan facilities.

 

c)      A detailed financial business plan outlining how loan commitments support the construction of the facility will be achieved.

 

These conditions were accepted as part of the lease agreement by the Golf Club and a new 15-year lease was entered into on 12 September 2013, which is due to expire on 11 September 2028.

 

On 8 July 2015, the BGC provided the Shire with a business case proposal for Broome Golf Club – Clubhouse redevelopment feasibility study and concept designs. The Golf Club submitted the business case proposal to satisfy the milestone conditions of the lease. This business case was presented to Council at OMC 15 October 2015 with a request for a new 21 year lease agreement.

 

Council resolved the following:

 

Council Resolution:

 

Moved: Cr C Mitchell                                               Seconded: Cr H Tracey

 

That Council;

 

1.           Acknowledges the business case provided by the Broome Golf Club meets the obligation of the 5-year milestone relating to development of the clubhouse and enters into a new 21 year lease with Broome Golf Club.

 

2.           Consent to the sub lease to Serenbear Pty Ltd Pty Ltd for the similar period.

 

3.           Delegate authority to the Chief Executive Officer to determine the final lease terms and conditions and present such back to Council for approval.

CARRIED UNANIMOUSLY 8/0

 

On 10 December 2015 Cr R Johnston submitted a Notice of Motion with officer comments from the Director Corporate Services and Director Infrastructure.

 

The proposed Notice of Motion was to revoke the decision made by Council on 15 October 2015 (Agenda Item 12.1) and propose a new motion on the matter.

 

At the OMC held 17 December 2015 Council resolved to revoke the Council decision made at the OMC held 15 October 2015 Agenda item 12.1.

 

Council resolved the following:

 

Council Resolution:

Moved: Cr H Tracey                                                 Seconded: Cr R Johnston

 

That Council;

 

1.         Acknowledges that considerable effort has gone into the development of the Business Case provided by the Broome Golf Club.

 

2.         Considers the Business Case represents a first step towards meeting the milestones identified in the lease;

 

3.         Requests the Chief Executive Officer to work with the Broome Golf Club in preparing further details to address the issues below prior to Council considering whether the milestones have been achieved or entertaining any new lease being entered into:

a)        opportunities for the redevelopment to further realise the potential of the site;

b)        development of the concept plans into detailed design plans and these to be independently costed

c)        development of a funding strategy for the new Clubhouse and demonstration of attempts to secure funding for the construction.

d)        a detailed financial business plan for the construction and operation of the facility.

 

4.         Requests the Chief Executive Officer to seek funding through the next Finance and Costing Review once financial implications are clarified in regard to finalising the lease milestones.

 

CARRIED UNANIMOUSLY 9/0

 

Reason: While the Council encourages and supports the Broome Golf Club the motion as carried clarifies matters for the Chief Executive Officer to work with the Broome Golf Club prior to Council considering any new lease arrangements.

 

In order to assist the Broome Golf Club progress their business case the Shire of Broome appointed UDLA Pty. Ltd. to facilitate the community engagement and public workshops. The aim of the community engagement was to receive feedback from the public and key stakeholders on the following points:

 

·    Would the community prefer a community run club or privately-run club?

·    The site is Crown Land, vested in the Shire and zoned in Local Planning Scheme No. 6 (LPS 6) as Parks, Recreation & Drainage. Does your vision fit in with this zoning?

·    Do you believe the existing proposal is the ‘best use’ for this site?

·    What are your visions for the site?

·    Are you aware the Golf Club are undertaking a facility redevelopment proposal?

·    What do you like about the proposal?

·    What do you dislike about the proposal?

·    Do your visions fit within the current proposal and zoning?

 

This report was presented to Council at the OMC on the 15 December 2016. Council Resolved:

 

Council Resolution:

 

Moved: Cr D Male                                                    Seconded: Cr W Fryer

 

That Council;

1.       Notes the Community Engagement Reports prepared by UDLA as attached and requests the Broome Golf Club consider the outcomes of this report and incorporate such in the future detailed design, Business Case and Financial Business Plan as         required by the current Lease Agreement.

2.       Notes the Broome Golf Club has until September 2018 to meet the following        milestones of their lease agreement:

(a)    Development of detailed plans for the construction of a new clubhouse, these plans to be independently costed.

(b)    Development of a funding strategy for construction of the new clubhouse. This would also need to include demonstrating attempting to secure funding or approaching financial institutions to secure loan facilities.

(c)    Create a detailed financial business plan outlining how loan commitments to support the construction of the facility will be achieved.

3.       Requests the Chief Executive Officer to continue to work with the Broome Golf Club to           support the achievement of meeting the above-mentioned milestones in line with           Council’s resolution of 17 December 2015.

CARRIED UNANIMOUSLY 7/0

 

In February 2017 Broome Golf Club engaged Naja Business Consulting Services to work with key stakeholders to develop a Business Case and Funding Strategy to satisfy clause 16 of the lease agreement and further progress re-development plans in addition to secure funding.

 

On 20 October 2017, the Broome Golf Club presented Shire Officers with the first draft of the business case and funding strategy and a letter formally requesting a new 21 year lease agreement.

 

See Attachments 2 and 3.

                                                             

COMMENT

 

Proposed Development

 

Concept plans, drawings and render’s have been completed by Laird Trans Architects which are sufficient to obtain probable costs, site layout, floorplans, orientation and elevations of the proposed development. It is noted clause 16.2 (a) of the existing lease agreement required ‘detailed plans’. It is believed the documents submitted are of a sufficient standard to meet this clause.

 

See Attachment 6

 

The proposed $6.5 million development by the BGC on Reserve 33592 involves the construction of three ‘pod’ style buildings:

 

·    Two pods which incorporate a clubhouse with bar facilities, pro-shop, administration area, board room, change room facilities and cart storage; and

·    Pod three will cater for a more formal restaurant / function room upstairs and café style dining downstairs

 

The BGC intends to lease out the third pod to an independent business to operate the hospitality services and use the funds to contribute to the repayment of any loans required to complete the development (subject to approval from the Department of Lands).

 

 

The key outcomes of the project include:

·    Development of a new facility to meet the needs of current and future members, along with any other groups involved in the use of the facility, following a sustainable business model.

·    Creation of an opportunity to elevate the status of the BGC and drive an increase in membership numbers and visitor usage with the attraction of improved amenities.

·    Provision of a sports-tourism based economic driver for the community.

·    Better align the built form with the recent improvements in the course.

·    Create a significant tourist drawcard to Broome and the Kimberley.

 

 

Project Costs

 

Colin Wilkinson Developments Pty. Ltd. (CWD) have submitted an Opinion of Probable Costs (OPC) for the construction of the new club house based on the design shown in Attachment 3.

 

A full breakdown of the costs is reflected in Attachment 5 (commercial in confidence).

 

Strategic Context

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

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

The BGC development proposal is consistent with the current framework. Shire officers have now appointed a consultant to undertake a review on the Sport and Recreation Plan for the Shire of Broome, and the golf club will be a key project that is considered within the report.

The BGC has participated in the Shire’s Club Development workshops and contributed to the Shire’s sport and recreation statistical data through the completion of Club Development surveys. In Broome’s sporting club landscape, the BGC is considered a good functioning club that has effective governance structures in place.

 

Business Case

 

Clause 16.2 (c) of the existing lease agreement states the Business Case must be in the form of the Royalties for Regions ‘Business Case Proposal’ template (see Attachment 4).

 

Officers note the reports submitted are in line with the 2014-15 Royalties for Regions Business Case template. The BGC have provided detailed comments on the following key points:

 

Heading

Comment

Policy & Strategic Framework

The BGC have demonstrated in detail how the project aligns with key strategic plans including:

·    State Planning Strategy 2050

·    Regional Development Strategy 2016-2025

·    Royalties for Regions

·    State Government Strategy for Tourism in Western Australia 2020

·    Strategic Directions 2016-2020 (Western Australian Sport and Recreation).

·    Kimberley Regional Investment Blueprint

·    Kimberley Regional Planning and Infrastructure Framework

·    Kimberley Regional Club Development Plan

·    Strategic Community Plan 2013-2023 (the Shire)

·    Local Planning Strategy (the Shire)

·    Broome Tourism Strategy

·    Framework for Development of Sport and Recreation Facilities (the Shire)

Summary Stakeholder Engagement

Summary of stakeholder and community engagement including:

·    Golf WA

·    Shire of Broome

·    Community Consultation:

Australia North West Tourism

Nyamba Buru Yawuru

Broome Chamber of Commerce and Industry

Habitat Resort Broome

Community Workshops

Community Surveys

Critical Assumptions

The BGC have detailed the critical assumptions used to base the business case on.

Economic and Financial Analysis

The BGC have carried out a detailed analysis of:

·    Broome Area Economic Profile:

Broome Tourism Sector

Broome Resources Sector

Broome Agriculture Sector

·    Project Economic and Financial Analysis

·    Club Operations Case Study Overview

·    Golf Professional Arrangements Case Study Overview

Socio-Economic Benefits

The BCG have identified and outlined the socio-economic benefits of the re-development including:

·    Tourism Sector Development

·    Indigenous Engagement and Employment Opportunities

·    Health and Productivity

·    Environmental Sustainability

·    Short Term Economic Opportunities

Whole of Life Model & Sustainability

The BGC have displayed a good understanding of the lifecycle costs of the facility including the costs of renewal of building components across all building assets.

Governance arrangements

The BGC have proposed a Governance and Management Structure based on extensive research across the state where similar projects have been successful.

Funding Strategy and Total Budget

Provides a high-level strategy for funding. The funding strategy has been defined in more detail in a separate funding strategy report (discussed later in this report).

Project and Key Milestones

Provides a time line of key milestones from conception to the proposed start date for construction.

Risk Analysis

The BGC have clearly identified a number of risk points across the project and mitigation strategies / contingencies for each point.

Indigenous Participation

The BGC demonstrated how they have engaged with local Native Title Holders in addition to exploring Aboriginal engagement and employment opportunities.

Implementation Strategy Guide

The BGC have outlined in detail a:

·    Communication Plan

·    Project Management

·    Project Governance

·    Procurement Strategy

Facility Re-development building analysis

This section defines:

·    Land Particulars

·    Description of Site

·    Roads and Access

·    Existing Building Condition and Analysis

·    Existing Building – Current BCA Compliance Issues

 

The figures based in the business case rely on historical data and conservative assumptions in rises of memberships and food and beverage sales. Both scenarios reflect a significant surplus, however it relies on the successful completion and operation of all three pods. Given the complexities of the funding strategy and reliance of grants, the outcome may vary to a staged completion of the facility. Whilst the BGC have met the requirements of clause 16.2 (c) of the lease, further financial analysis should be carried out to identify the financial viability should only one pod be constructed initially, then two, then all three.

 

 

 

Funding Strategy

 

The funding strategy has been presented as a second document – see Attachment 3. A summary of the key points is outlined in the table below:

 

Heading

Description

Project Funding Options

·    Explores and identifies all grant funding opportunities

·    Explores commercial loan options and viability

·    Local Government loan options

·    Crowd funding options

·    Fundraising and fundraising strategy development

Grant Readiness

·    Department of Sport and Recreation

·    AusIndustry

·    Lotterywest

Funding Timelines

Identifies the timing for applying for specific grants and discusses the issues around the non-concurrent way in which different funding bodies operate their funding process i.e. the CSRFF grant does not open until around the time the BBRF grants are announced.

Club Income

Considers options for the club to maximise and expand its revenue streams.

Stakeholder engagement

Identifies the importance of managing and strengthening relationships with key stakeholders.

Risk Profile

Defines the risks posed to the organisation and makes recommendations to mitigate / manage the risk

Funding Approach

Identifies what grants can be utilised for different parts of the development.

 

The funding strategy submitted by the BGC will provide a platform to apply for funding and relevant grants, however it should be noted that a number of assumptions have been made that could impact the successful completion of the project. The BGC are seeking up to $5 million dollars of funding from grants and other sources. Albeit the BGC have outlined a strategy to apply for these grants, there are some doubts of the likelihood of being able to independently achieve the full $5 million dollars required to complete the build.

 

It is noted clause 16.2 (b) of the existing lease agreement required Development of a funding strategy for construction of the new clubhouse. This would also need to include demonstrating attempting to secure funding or approaching financial institutions to secure loan facilities’.

 

Whilst the condition of the lease has been met, significant work is required from the BGC to be successful in securing grants and funding from other sources.

 

Lease and License

 

The current lease over the fore-mentioned reserves is currently structured as follows:

 

Broome Golf Club Inc has a lease over Reserve 29300 (Golf Course) and Reserve 33592 (Golf Clubhouse). In addition to this there is a license agreement between the BGC and Serenbar Pty Ltd, who operate / manage the pro shop and clubhouse.

 

On the 18 October 2017, the BGC wrote to the Shire requesting to surrender the existing 21 year lease agreement / license and enter into a new twenty-one-year lease.

 

Through the BGC’s funding strategy it was identified they would require the maximum term lease in order to achieve their funding outcomes and meet their loan commitments.

 

Given the BGC are at the preliminary stages of the development and have eleven years remaining on the existing lease it is recommended the Shire consider structuring the lease renewal as follows:

 

a)  Leave the existing lease on foot for the time being.

b)  The Shire and the BGC enter into a separate ‘Agreement for Further Lease’ or similar with the BGC. Herbert Smith Freehills have provided an advice on how this document could be structured – see Attachment 7.

1.       

2.         The benefit of an agreement of this nature is the protection it offers the Shire should the BGC be unable to secure funding or complete the development. In addition, it will offer the BGC maximum tenure from the date of completion of construction i.e. if a 21 year lease was to commence immediately and the project took 3 to 4 years to complete this would have an impact on the term of the loan and the BGC would lose 3 to 4 years prior to completion.

3.            

Request for Self Supporting Loan (SSL) / Treasury Loan

 

Self-supporting loans are loans taken out by the Shire on behalf of community based organisations whom undertake to meet the capital, interest and loan guarantee payments.

 

Community based organisations occupying land or buildings owned by or vested in the Shire, in accordance with a management licence or lease, may make application for self supporting loans where the funds are to be used for capital improvements to the land or buildings they occupy.

 

As part of the BGC’s funding strategy, they have written to the Shire of Broome requesting a self-supporting loan of $1.5 million for a term of 21 years (principal and interest). The loan is specifically for the purpose of the re-development of the Broome Golf Club, which represents 23% of the total project costs.

 

The BGC have provided forecast operating budgets as part of their business case which reflect the above loan structure and payments. A summary of the financials is listed below showing two different operating models:

(d)    Function Centre / Restaurant Leased and a $1.5million Self Supporting Loan based on an interest rate of 4.5%

Description

Amount

Total Operating Revenue

$1,405,402.00

Total Operating Expenses

-$1,153,534.00

Operating Loss / Surplus

$251,886.00

Loan Repayment ($1.5m SSL P&I over 21 years)

-$110,544.00

Net Surplus / Loss

$141,342.00

 

(e)    Function Centre / Restaurant Retained and a 1.5million Self Supporting Loan based on an interest rate of 4.5%

Description

Amount

Total Operating Revenue

$1,960,420.00

Total Operating Expenses

-$1,583,534.00

Operating Loss / Surplus

$376.886.00

Loan Repayment ($1.5m SSL P&I over 21 years)

$110,544.00

Net Surplus / Loss

$266,342.00

 

Officers recommend the Chief Executive Officer engage with the BGC to gather relevant financials and data to assess the eligibility in securing a self-supporting loan on the requested terms.

 

The Golf Course

 

With the funds generated from the new facility, BGC intends to continue with the development of the course to become a major tourism attraction to Broome.

 

The first two projects identified for the next five years include:

 

·    Full upgrade of the irrigation system. The cost estimate for this is approximately $1.5 million. This is essential to underpin any further development of fairways, greens and tees.

·    Upgrade tees across all holes.

·    Formalise the driving range for public and members.

·    Upon decreasing the loan future funds can be used to continue the development of the course.

 

 

CONSULTATION

 

Broome Golf Club

Naja Business Consulting Services

Herbert Smith Freehills

 

STATUTORY ENVIRONMENT

 

Local Government (Functions and General Regulations) 1996

 

30.        Dispositions of property to which section 3.58 of Act does not apply

(1)         A disposition that is described in this regulation as an exempt disposition is excluded from the application of section 3.58 of the Act.

(2)         A disposition of land is an exempt disposition if — 

(a)   the land is disposed of to an owner of adjoining land (in this paragraph called the transferee) and — 

(i)   its market value is less than $5 000; and

(ii)  the local government does not consider that ownership of the land would be of significant benefit to anyone other than the transferee;

(b)   the land is disposed of to a body, whether incorporated or not — 

(I)   the objects of which are of a charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature; and

(ii)  the members of which are not entitled or permitted to receive any pecuniary profit from the body’s transactions;

(c)   the land is disposed of to — 

(i)   the Crown in right of the State or the Commonwealth;

(ii)  a department, agency, or instrumentality of the Crown in right of the State or the Commonwealth; or

(iii) another local government or a regional local government;

(d)   it is the leasing of land to an employee of the local government for use as the employee’s residence;

(e)   it is the leasing of land for a period of less than 2 years during all or any of which time the lease does not give the lessee the exclusive use of the land;

(f)    it is the leasing of land to a “medical practitioner” (as defined in section 3 of the Medical Act 1894) to be used for carrying on his or her medical practice; or

(g)   it is the leasing of residential property to a person.

(2a)              A disposition of property is an exempt disposition if the property is disposed of within 6 months after it has been —

(a)   put out to the highest bidder at public auction, in accordance with section 3.58(2)(a) of the Act, but either no bid is made, or any bid made does not reach a reserve price fixed by the local government;

(b)   the subject of a public tender process called by the local government, in accordance with section 3.58(2)(b) of the Act, but either no tender is received, or any tender received is unacceptable; or

(c)   the subject of Statewide public notice under section 3.59(4), and if the business plan referred to in that notice described the property concerned and gave details of the proposed disposition including —

(i)   the names of all other parties concerned;

(ii)  the consideration to be received by the local government for the disposition; and

(iii)    the market value of the disposition as ascertained by a valuation carried out not more than 12 months before the proposed disposition.

(2b)      Details (see section 3.58(4) of the Act) of a disposition of property under sub regulation (2a) must be made available for public inspection for at least 12 months from the initial auction or tender, as the case requires.

(3)         A disposition of property other than land is an exempt disposition if — 

(a)   its market value is less than $20 000; or

(b)   it is disposed of as part of the consideration for other property that the local government is acquiring for a consideration the total value of which is not more, or worth more, than $50 000.

[Regulation 30 amended in Gazette 25 Feb 2000 p. 974‑5; 28 Apr 2000 p. 2041; 31 Mar 2005 p. 1055‑6.]

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

The estimated costs to draft the Agreement for Further Lease is approximately $2,000.00. This is budgeted in account 144027.

 

 

RISK

 

The nature of the agreement mitigates the risk of the Shire of Broome being locked in a long-term agreement if the development does not come to fruition. In addition, if guarantees the maximum tenure to the lessee upon the successful completion of the project.

 

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

 

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

 

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

 

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

 

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:

 

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:

 

Responsible resource allocation

 

Effective community engagement

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:  

1.       Acknowledge the Business Case and Funding Strategy submitted by the Broome Golf     Club and recognises that all milestones in clause 16 of their lease agreement have     been undertaken to Council’s satisfaction.

2.       Note the Broome Golf Club are at the preliminary stages of the development and      have eleven years remaining on the existing lease; therefore, structure the lease    renewal as follows:

a.    Leave the existing lease on foot for the time being.

b.   The Shire and the Broome Golf Club enter into a separate ‘Agreement for Further Lease’. The terms and conditions of this agreement be based on the advice from Herbert Smith Freehills as attached to this report.

3.       Authorises the Chief Executive Officer to negotiate and finalise an ‘Agreement for      Further Lease’ between the Shire of Broome and the Broome Golf Club.

4.       Authorises the Chief Executive Officer to engage with the Broome Golf Club. to gather relevant financials and data to assess the eligibility in securing a self-     supporting loan as per the requested terms outlined in this report.

 

 

 

Cr Mitchell moved an alternative motion.

Council Resolution:

Moved: Cr C Mitchell                                               Seconded: Cr D Male

That Council:  

1.           Acknowledge the Business Case and Funding Strategy submitted by the Broome Golf Club and recognises that all milestones in clause 16 of their lease agreement have been undertaken to Council’s satisfaction.

2.           Note the Broome Golf Club are at the preliminary stages of the development and have eleven years remaining on the existing lease; therefore, structure the lease renewal as follows:

a.    Leave the existing lease on foot for the time being.

 

b.    The Shire and the Broome Golf Club enter into a separate ‘Agreement for Further Lease’. The terms and conditions of this agreement that a 21year lease will be entered into when the Broome Golf Club provides written evidence of obtaining the funding for the construction of the new Club House. The lease entered into would include a requirement to complete the construction within five years.

3.           Authorises the Chief Executive Officer to negotiate and finalise an ‘Agreement for Further Lease’ between the Shire of Broome and the Broome Golf Club.

4.            Authorises the Chief Executive Officer to engage with the Broome Golf Club to gather relevant financials and data for independent assessment to assess the eligibility in securing a self-supporting loan as per the requested terms outlined in this report.

5.            Authorises the Chief Executive Officer to provide a letter of support to the Broome Golf Club to enable them to apply for funding through various funding mechanisms, in particular the Building Better Regions Fund which closes on 19 December 2017. The letter is to state that if successful funding is obtained then the Shire will grant a 21 year lease. The letter is to be sent electronically to the Broome Golf Club on 15 December 2017.

 

CARRIED UNANIMOUSLY 6/0

 

Reasons:

The existing lease term is affecting the ability of the Broome Golf Club to secure funding to support development of the site.  However, Council also needs to be assured that the development will go ahead if a further 21 year lease is granted to the Broome Golf Club.  A conditional letter of support is proposed to address these issues.

 

Attachments

1.

Attachment 1 Leased Area

2.

Attachment 2 Business Case

3.

Attachment 3 Funding Strategy

4.

Attachment 4 Business Case Template

5.

Attachment 5 Opinion of Costs (Confidential to Councillors and Directors Only)

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

6.

Attachment 6 Golf Club Masterplan

7.

Attachment 7 Lease advice Freehills

  


Item 9.2.7 - LEASE DISPOSAL TO BROOME GOLF CLUB INC

 

 

PDF Creator


Item 9.2.7 - LEASE DISPOSAL TO BROOME GOLF CLUB INC

 

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Item 9.2.7 - LEASE DISPOSAL TO BROOME GOLF CLUB INC

 

 


Item 9.2.7 - LEASE DISPOSAL TO BROOME GOLF CLUB INC

 

 

PDF Creator


 

PDF Creator


 

PDF Creator


MinutesOrdinary Meeting of Council 14 December 2017                                                                   Page 231 of 1354

 

 

9.2.8      LEASE DISPOSAL: KIMBERLEY REGIONAL OFFICES, BUILDING 2, TENANCY 1,2 AND 3

LOCATION/ADDRESS:                             Kimberley Regional Offices, Corner of Frederick and Weld Street, Broome

APPLICANT:                                              Anglicare WA Inc.

FILE:                                                           LSS132, RES8656

AUTHOR:                                                   Property and Leasing Senior Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Infrastructure

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    30 November 2017

 

SUMMARY:         This report seeks Councils consideration to renew the lease to Anglicare WA Inc. at Kimberley Regional Offices (KRO) building 2, tenancy 1, 2 and 3. for a three-year, fixed term.

 

 

BACKGROUND

 

Previous Considerations

 

Kimberley Regional Offices (KRO) is on a Portion of Reserve 8656 and a portion of freehold land (Lot 31 on Plan P222186) owned by the Shire (corner of Frederick and Weld Street, Broome). It comprises two buildings (KRO1 and KRO2). Reserve 8656 is vested to the Shire of Broome for the purpose of ‘Office Accommodation’. The Shire of Broome has the power to lease out any portion of the Reserve, subject to the approval in writing of the Minister of Lands to each and every lease or assignment, for any term not exceeding twenty-one (21) years from the date of the lease.

 

(Refer attachment 1)

 

KRO 2 is broken up into seven tenancies as outlined below:

 

Tenancy

Occupant

Size (Sqm)

Tenancy 1

Vacant (EOI from Anglicare)

134.86

Tenancy 2

Anglicare

213.89

Tenancy 3

Anglicare

254.24

Tenancy 4

Minister for Works

331.87

Tenancy 5

Far North Community Services

122.24

Tenancy 6

Far North Community Services

68.9

Tenancy 7

Far North Community Services

45.86

 

Anglicare WA commenced a lease with the Shire of Broome on the 25 August 2008, occupying tenancy 2 and 3 within building 2. The current lease expired on the 24 August 2017. The lease has been in a ‘holding over’ period as per clause 3.4 of the lease agreement.

 

On the 24 November 2017 Anglicare wrote to the Shire of Broome requesting a new three (3) year lease, for tenancy 2, 3 and 1 - taking on an additional 134sqm, the new total area being 602.99sqm from the 1 February 2018.

 

COMMENT

 

Under Regulation 30(2)(b) Local Government (Functions and General Regulations) 1996, the lease disposal to Anglicare WA is exempt from Section 3.58 of the Local Government Act 1995 as they are a not-for-profit community organisation.

 

Anglicare WA is a not-for-profit community service organisation who support people and families experiencing challenges with relationships, financial problems and housing difficulties.

 

Anglicare WA employs 25 staff in Broome and 40 in the broader Kimberley. Anglicare have recently been successful in tendering for two additional service contracts which has been the catalyst for their additional office accommodation requirements.

 

Proposed Lease Terms

 

It is recommended the terms and conditions of the new lease reflect and are in line with the following:

 

a)  Annual rent as per market valuation, capped at $285 per sqm per annum. Apply annual CPI rental increases (Perth All Groups, December quarter); Note: as rent is set a market valuation there is no need to implement an additional market review with a three-year period

 

b)  Lease term - Fixed term of three years from 1 February 2018 to 31 January 2021.

 

c)  Permitted use is for ‘Office Accommodation’;

 

d)  Lease to be prepared by Council’s solicitor with the tenant to be responsible for all associated legal costs, including preparation and registration of lease documentation;

e) The landlord shall be provided with the expressed right to undertake preventative maintenance at the cost of the tenant throughout the term, calculated via variable outgoings. Current preventative maintenance shall include:

                            (i) Pest inspection.

             (ii) Emergency service equipment inspection.

             (iii) RCD and electrical inspection.

             (iv) Security Patrols.

             (v) Cleaning of common areas.

 

f)    Utilities service and consumption charges including telephone, electricity, gas and water, covered by tenant as part of the variable outgoings.

 

g)  Building Insurance to be affected by the landlord at the cost of the tenants. All other insurances to be affected by the tenant, at the tenants cost.

 

Market Conditions and Valuation:

 

Opteon Property Group were appointed to carry out the market valuation in November 2017. As part of their report they have made the following comments in relation to the current market conditions and local economy:

“The town of Broome is dependent upon the success of the main local industries being tourism, pearling, mining & resources, government services and agriculture.  As with most regional towns, Broome has the potential to be affected by price fluctuations in keeping with the success or otherwise of key industries. Broome does however have a relatively diverse industry base in comparison to some other North-West towns which are heavily reliant on mining industry.

Over the past decade the town’s economy has expanded and diversified in particular with regard to the resources industry. The proposed development of the Browse Basin (oil and gas fields) and the associated land based industrial hub 60 km north of Broome was seen as a major new project which would support the main established industries of tourism, pearling, agriculture and government services. The market has softened since April 2013 when Woodside shelved its major onshore oil and gas processing plant in favour of floating LNG processing technology. It was hoped an announcement by Woodside to proceed with a proposed floating LNG project off the Kimberley coast would give the local economy a much-needed boost, however as of March 2016 Woodside has shelved plans for such development given the global market place for oil and gas.

The above announcements in conjunction with similar announcements from smaller companies in the oil and gas industry has impacted significantly upon local industry with not only decreases in mining and gas employment but also significantly in the logistics services and construction industry with a number of organisations laying off staff in recent times. However, there has been a significant increase in helicopter transfers through the Broome International Airport in recent times as hook-up and commissioning phase of the Shell Prelude project and Inpex Icthy’s LNG project is underway. This has had a positive impact on the local economy, however the current volume of transfers is only expected to last for 12 months.

In addition, the slow tourism industry over the last 5 years has seen a lowering in overall occupancy rates for tourist accommodation complexes within Broome, which as a result has impacted on the retail sector. This is mainly due to factors such as the strong Australian dollar (however this has dropped in recent times) and cheap overseas holiday packages, particularly to Bali and other South East Asian destinations. The tourist market within Broome is seasonal with high season months June, July and August remaining strong however tourist visitors and hence occupancy rates have been decreasing over the shoulder months April, May, September and October. This is detrimental to overall yearly profitability because the low season/wet season months November through to March are expected to have low occupancy. The recent fall in the Australian Dollar has seen a slight rebound in the tourism sector, with some tourist operations reporting 2016 being slightly up on 2015 figures. However, recent conversations with a number of operators indicate that 2017 is proving mixed fortunes between operators.
Office rents are currently subdued with sitting tenants in most instances looking to renegotiate reductions in option periods. As for new leasing activity, the market has weakened overall and although no official vacancy rates are kept by leasing agents, we note an oversupply is available at present within the marketplace. Discussions with a number of commercial property agents around town have revealed that there is limited enquiry/take up of office space within the market place at present with landlords trying to hold onto their existing tenants when lease terms conclude”.

The rental valuation is reflected in the attached report

(Refer Attachment 2)

 

CONSULTATION

 

Opteon Property Consultants

Anglicare WA

 

STATUTORY ENVIRONMENT

 

Local Government (Functions and General) Regulations 1996

30.        Dispositions of property to which section 3.58 of Act does not apply

(1)     A disposition that is described in this regulation as an exempt disposition is excluded from the application of section 3.58 of the Act.

(2)     A disposition of land is an exempt disposition if — 

(a) the land is disposed of to an owner of adjoining land (in this paragraph called “the transferee”) and — 

(i)   its market value is less than $5 000; and

(ii)  the local government does not consider that ownership of the land would be of significant benefit to anyone other than the transferee;

(b) the land is disposed of to a body, whether incorporated or not — 

(i)   the objects of which are of a charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature; and

(ii)  the members of which are not entitled or permitted to receive any pecuniary profit from the body’s transactions;

(c) the land is disposed of to — 

(i)   the Crown in right of the State or the Commonwealth;

(ii)  a department, agency, or instrumentality of the Crown in right of the State or the Commonwealth; or

(iii) another local government or a regional local government;

(d) it is the leasing of land to an employee of the local government for use as the employee’s residence;

(e) it is the leasing of land for a period of less than 2 years during all or any of which time the lease does not give the lessee the exclusive use of the land;

(f)  it is the leasing of land to a “medical practitioner” (as defined in section 3 of the Medical Act 1894) to be used for carrying on his or her medical practice; or

(g) it is the leasing of residential property to a person.

(2a)  A disposition of property is an exempt disposition if the property is disposed of within 6 months after it has been —

(a) put out to the highest bidder at public auction, in accordance with section 3.58(2)(a) of the Act, but either no bid is made, or any bid made does not reach a reserve price fixed by the local government;

(b) the subject of a public tender process called by the local government, in accordance with section 3.58(2)(b) of the Act, but either no tender is received, or any tender received is unacceptable; or

(c) the subject of Statewide public notice under section 3.59(4), and if the business plan referred to in that notice described the property concerned and gave details of the proposed disposition including —

(i)   the names of all other parties concerned;

(ii)  the consideration to be received by the local government for the disposition; and

(iii) the market value of the disposition as ascertained by a valuation carried out not more than 12 months before the proposed disposition.

(2b)  Details (see section 3.58(4) of the Act) of a disposition of property under sub regulation (2a) must be made available for public inspection for at least 12 months from the initial auction or tender, as the case requires.

(3)     A disposition of property other than land is an exempt disposition if — 

(a) its market value is less than $20 000; or

(b) it is disposed of as part of the consideration for other property that the local government is acquiring for a consideration the total value of which is not more, or worth more, than $50 000.

               [Regulation 30 amended in Gazette 25 Feb 2000 p. 974‑5; 28 Apr 2000 p. 2041; 31 Mar 2005 p. 1055‑6.]

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

Description

Expenses

Income

Net Annual Rent*

 

$162,807.30

Outgoings

$117,583.05

$117,583.05

Lease Fees

$2,500.00

$2,500.00

Total

$120,083.05

$282,890.35

Net Position to The Shire

 

+ $162,807.30

 

*Based on $270psqm per annum

 

RISK

 

Should the Shire not proceed with the lease they would loose rental income and would have to the absorb the outgoings of a vacant tenancy.

 

Proceeding with the lease represents a low risk as they have proven to be reliable tenants of the Shire of Broome since 2008.

 

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:

 

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

 

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

 

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:

 

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:

 

Responsible resource allocation

 

 

VOTING REQUIREMENTS

Simple Majority

 

 

Council Resolution:

(Report Recommendation)

Moved: Cr B Rudeforth                                             Seconded: Cr C Marriott

That Council:

1.       Accepts, in accordance with Local Government (Functions and General) Regulations 1996, Regulation 30(2)(b)(i) the request from Anglicare WA to occupy office space of approximately 543 square metres, being tenancy 1, 2 and 3 in the Kimberley Regional Offices, building 2;

2.       Seeks Ministerial approval from the Minister of Lands for the lease in accordance with section 18 of the Land Administration Act 1997

3.       Authorises the Chief Executive Officer to negotiate the final terms and conditions of the lease agreement as follows:

 

a)  Annual rent between $250 to $280 per sqm, per annum. Apply annual CPI rental increases (Perth All Groups, June quarter);

 

b)  Lease term - Fixed term of three years from 1 February 2018 to 31 January 2021

 

c)  Permitted use is for ‘Office Accommodation’;

 

d)  Lease to be prepared by Council’s solicitor with the tenant to be responsible for all associated legal costs, including preparation and registration of lease documentation;

 

e)  The landlord shall be provided with the expressed right to undertake preventative maintenance at the cost of the tenant throughout the term. Current preventative maintenance shall include:

(i)        Pest inspection;

(ii)       Emergency service equipment inspection; and

(iii)      RCD and electrical inspection.

(iv)      Security Patrols.

(v)       Cleaning of common areas.

 

f)    Utilities service and consumption charges including telephone, electricity, gas and water, covered by tenant;

 

g)  Building Insurance to be affected by the landlord at the cost of the tenants, all other insurances to be affected by the tenant, at the tenants cost.

CARRIED UNANIMOUSLY 6/0

 

Attachments

1.

Attachment 1 Site Plan

2.

Attachment 2 Valuation Report (Confidential to Councillors and Directors Only)

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

  


Item 9.2.8 - LEASE DISPOSAL: KIMBERLEY REGIONAL OFFICES, BUILDING 2, TENANCY 1,2 AND 3

 

 


MinutesOrdinary Meeting of Council 14 December 2017                                                                   Page 240 of 1354

 

 

9.2.9      PROPOSED AMENDMENT OF THE PARKING AND PARKING FACILITIES LOCAL LAW 2012

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           BYL11

AUTHOR:                                                   Manager Emergency, Health and Ranger Services

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    5 December 2017

 

SUMMARY:         The Joint Standing Committee on Delegated Legislation (Committee) has identified drafting issues in relation to the Parking and Parking Facilities Amendment Local Law 2017 (Amendment Local Law 1).  Due to an error in the process followed, the Committee has also disallowed the Parking and Parking Facilities Amendment Local Law (2) 2017 (Amendment Local Law 2). To rectify the issues identified with Amendment Local Law 1, the Committee has requested the Shire of Broome resolve to undertake to amend the existing Parking and Parking Facilities Local Law 2012 to incorporate the changes. As part of these changes, the provision in the disallowed Local Law will be incorporated. It is proposed that these changes be implemented through the Shire of Broome Parking and Parking Facilities Amendment Local Law 2018.

The purpose of this report is for the presiding person to give notice to the meeting of the purpose and effect of the proposed Shire of Broome Parking and Parking Facilities Amendment Local Law 2018, and to allow for the advertising of the proposed local law for comment. Council is also required to provide undertakings to the Committee in relation to the rectification of the drafting issues in Amendment Local Law 1.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 30 March 2017                         Item 9.2.4

OMC 27 April 2017                             Item 9.2.2

OMC 27 July 2017                              Item 9.2.5

OMC 7 September 2017                   Item 9.2.2

 

At the 30 March 2017 Ordinary Meeting of Council (OMC) Council resolved to begin the process to make the Parking and Parking Facilities Amendment Local Law 2017 (Amendment Local Law 1). The purpose of the Amendment Local Law 1 was to make the following amendments to the Parking and Parking Facilities Local Law 2012 (existing Local Law):

 

·   Use of explanatory diagrams relating to parking that are contained within the Road Traffic Code 2000, to assist motorists in understanding key provisions of the existing Local Law.

 

·    Recommended changes to section 1.6 of the existing Local Law to allow Council to enter into written agreements with private parking facilities, allowing the existing Local Law to apply to such facilities. 

 

·    Some minor formatting changes.

 

·    The addition of some definitions to add clarity to the existing Local Law and improve consistency with other local laws.

 

·    Throughout the document shall was been replaced with must as per current legislative drafting convention and reserves was replaced with local government property

 

At the 30 March 2017 OMC a petition was presented to Council on behalf of Mr Cameron Howlett raising concerns in relation to an enforcement initiative undertaken by the Shire to enforce the provisions of the existing Local Law in relation to the parking on verges in industrial estates.

 

As a result of the petition and a review of road widths in Broome’s industrial estates by the Shire’s Engineering staff, a second amendment local law (Amendment Local Law 2) was presented for Council’s consideration at the 27 April 2017 OMC.  The only change that the Amendment Local Law 2 proposed was to include an exemption from the general prohibition on parking on verges for industrial estates in Broome (currently the exemption only applies to residential zoned properties).  

 

The Local Government Act 1995 (Act) stipulates a clear process for the development of local laws. Requirements mandate that local governments provide copies of a proposed local law to the Minister responsible for the Act during the public submission period. In addition, all local laws must be approved by the Joint Standing Committee on Delegated Legislation (Committee).

 

Both Amendment Local Laws were progressed in accordance with the Act, except for Amendment Local Law 2, which due to an administrative error was not provided to the Minister for consideration during the public submission period as required.  This did not come to officers’ attention until just prior to gazettal of the Amendment Local Law, and following discussions with officers from the Department of Local Government and Communities (DLGC), it was decided to allow the Amendment Local Law to proceed through the final steps in the process on the basis of section 3.12(2A) of the Act which states that:

 

Despite subsection (1)[1], a failure to follow the procedure described in this section does not invalidate a local law if there has been substantial compliance with the procedure.

 

On 27 July 2017 (Amendment Local Law 1) and 7 September 2017 (Amendment Local Law 2), Council resolved to make the Local Laws and publish them in the Government Gazette.  The Amendment Local Laws were then considered by the Committee at its meeting on 27 November 2017.

 

The Shire of Broome subsequently received correspondence from the Committee on 29 November 2017 in relation to the Amendment Local Laws (see Attachments 1 and 2). 

 

The Committee has concerns in relation to the drafting and wording of certain clauses contained within Amendment Local Law 1. As a result, the Committee has sought an undertaking from Council that changes would be made to affected clauses and that some clauses would not be enforced until these changes have been made.

 

In addition, the Committee decided that section 3.12(2A) of the Act could not be invoked in relation to the failure to provide Amendment Local Law 2 to the Minister for consideration during the public submission period. As a result, the Committee disallowed Amendment Local Law 2.

 

COMMENT

 

The Committee is requiring that changes be made to amendments introduced to the existing Local Law through the Amendment Local Law 1.  In addition, to progress the changes to the existing Local Law included in Amendment Local Law 2, the amendment process will need to re-commence from the beginning.  Officers consider that the proposed changes to the existing Local Law in both Amendment Local Laws are still required and necessary to facilitate the proper implementation of the existing Local Law. It is therefore recommended that a new Parking and Parking Facilities Amendment Local Law 2018 be made by Council that will include all proposed changes required by the Committee and also the amendment in the Amendment Local Law 2.

 

A copy of the proposed Shire of Broome Parking and Parking Facilities Amendment Local Law 2018 (new Local Law) is shown as Attachment 3. A copy the existing Local Law with the amendments from the new Local Law included as tracked changes is shown as Attachment 4.

 

Purpose and effect of the new Local Law

 

Purpose:

 

The purpose of the Parking and Parking Facilities Amendment Local Law 2018 is to:

·     Facilitate the enforcement of the parking in the region by clarifying the interpretation of the local law;

·     Remove the restriction on parking on verges in the industry and light and service industry zones; and

·     Modernise the provisions of the local law.

 

Effect:

 

The effect is to provide for the better management of parking so as to benefit all motorists and pedestrians within Broome.

 

 

Undertaking requested by Committee

 

In its letter dated 29 November 2017, the Committee requested the Shire provide an undertaking to resolve the issues raised within the letter regarding Amendment Local Law 1. The Committee requested that Council resolve to give this undertaking at the next available OMC (December 2017) and the undertaking subsequently be provided to the Committee by 5 January 2018.

 

The undertaking is requested to include:

 

1.       When the Principal Local Law is next reviewed, the Shire will:

(a) Amend clause 5.2 by replacing the word “shall”, which appears twice, with the word ‘must’.

(b) Delete clause 2.5 and replace it with the following paragraph:

 

A person must not remove a vehicle which has been parked in a parking facility until the appropriate fee has been paid for the period for which the vehicle has been parked.

 

(c) Amend clause 3.5(3)(g) by deleting “single or” from the notation in the diagram.

(d) Make all necessary consequential amendments to the Principal Local Law.

 

2.       within six months the Shire will delete clause 6.12(2) of the Principal Local Law and replace it with the following paragraph:

 

Nothing in this clause affects or overrides the limitations or conditions imposed by any other clause in this local law, or by any other local law or traffic sign relating to the parking or stopping of vehicles.

 

3.       Until the Principal Local Law is amended in accordance with undertakings 1 and 2, the Shire will:

 

(a) Not enforce the Principal Local Law in manner contrary to undertakings 1 and 2.

(b) Where the Local Law is made publicly available, whether in a hard copy or electronic form (including on the Shire’s website), ensure that it is accompanied by a copy of these undertakings.

 

It is requested that the undertakings should be provided to the Committee in a letter signed by the Shire President and not the Chief Executive Officer or other officer of the Shire. This is because, pursuant to section 2.8(1)(d) of the Act, the “mayor or President speaks on behalf of the local government” to the Parliament of Western Australia. 

 

Summary

 

Based on the letters from the Committee and to enable the proposed amendments to progress, it is recommended that Council propose to make the new Local Law and provide the undertakings requested by the Committee.

 

CONSULTATION

 

The new Local Law must be advertised in accordance with section 3.12(3) of the Local Government Act 1995 for public comment for a period of 42 days. A copy of the new Local Law will be provided to the DLGC for comment.

 

STATUTORY ENVIRONMENT

 

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

 

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

 

3.12.  Procedure for making local laws

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

     (2A)   Despite subsection (1), a failure to follow the procedure described in this section does not invalidate a local law if there has been substantial compliance with the procedure.

 

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

      (3)     The local government is to — 

                 (a)     give Statewide public notice stating that — 

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

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

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

                           and

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

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

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

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

          * Absolute majority required.

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

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

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

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

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

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

      (8)     In this section —

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

 

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

 

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

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

In accordance with section 3.25 of the Local Government Act 1995, if Council resolves to make this new Local Law, it will be necessary to advertise in a newspaper circulating throughout the district and publish the text in the Government Gazette. The current charge is $101.45 per page. The draft amended local law is 27 pages long. This equates to a gazettal fee of approximately $2739.15.

 

Advertising in newspapers is at a cost of approximately $300. Three advertisements are required at a total cost of $900. The combined total cost of advertising and gazetting is $3639.15 however this may vary slightly due to changes in charges and fees beyond the Shire’s control.

 

RISK

 

If the existing Local Law is not amended, Shire Officers will continue to be at risk of not being able to adequately enforce the provisions of the Local Law. The risk of this occurring if the amendment is not undertaken is considered Low, however modernisation and clarity needs to be added to ensure the law remains relevant and serves to achieve its purpose and effect. 

 

There is a risk that the new Local Law will not be valid if it is not properly drafted.  The risk of this occurring is considered Moderate.  The risk of the incorrect drafting of this Local Law is mitigated through submission of the approved draft to the DLGC and subsequent review of the Joint Standing Committee on Delegated Legislation.

 

Should Council resolve not to provide the undertakings to the Committee the Shire of Broome Parking and Parking Facilities Amendment Local Law 2017 may be repealed by the Governor.

 

STRATEGIC IMPLICATIONS  

 

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

 

Accessible and safe community spaces

 

A healthy and safe environment

 

Our 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 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 H Tracey                                                 Seconded: Cr D Male

 

That Council:  

 

1.       Resolves to undertake to the Joint Standing Committee on Delegated Legislation that:

 

(a)    When the Shire of Broome Parking and Parking Facilities Local Law 2012 is next reviewed, the Shire will:

 

(i)   Amend clause 5.2 by replacing the word “shall”, which appears twice, with the word ‘must’.

 

(ii)  Delete clause 2.5 and replace it with the following paragraph:

 

A person must not remove a vehicle which has been parked in a parking facility until the appropriate fee has been paid for the period for which the vehicle has been parked.

 

(iii) Amend clause 3.5(3)(g) by deleting “single or” from the notation in the diagram.

 

(iv) Make all necessary consequential amendments to the Principal Local Law.

 

(b)    within six months the Shire will delete clause 6.12(2) of the Principal Local Law and replace it with the following paragraph:

 

Nothing in this clause affects or overrides the limitations or conditions imposed by any other clause in this local law, or by any other local law or traffic sign relating to the parking or stopping of vehicles.

 

(c)    until the Principal Local Law is amended in accordance with undertakings (a) and (b), the Shire will:

 

(i)   not enforce the Principal Local Law in manner contrary to undertakings (a) and (b); and

 

(ii)  where the Local Law is made publicly available, whether in a hard copy or electronic form (including on the Shire’s website), ensure that it is accompanied by a copy of these undertakings.

 

2.       Proposes to make the Shire of Broome Parking and Parking Facilities Amendment Local Law 2018 as shown in Attachment 3;

 

3.       Advertises, in accordance with section 3.12(3)(a) of the Local Government Act 1995, the proposed Shire of Broome Parking and Parking Facilities Amendment Local Law 2018 for a period of not less than six (6) weeks; and

 

4.       In accordance with section 3.12(3)(b) of the Local Government Act 1995, forwards a copy of the advertisement and proposed Shire of Broome Parking and Parking Facilities Amendment Local Law 2018 to the Minister for Local Government.

CARRIED UNANIMOUSLY 6/0

 

Attachments

1.

Letter from Joint Standing Committee on Delegated Legislation regarding Amendment Local Law 1 (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)(h) as it contains “such other matters as may be prescribed”.

2.

Letter from Joint Standing Committee on Delegated Legislation regarding Amendment Local Law 2 (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)(h) as it contains “such other matters as may be prescribed”.

3.

Shire of Broome Parking and Parking Facilities Amendment Local Law 2018

4.

Parking and Parking Facilities Local Law 2012 - with track changes

  


Item 9.2.9 - PROPOSED AMENDMENT OF THE PARKING AND PARKING FACILITIES LOCAL LAW 2012

 

 

LOCAL GOVERNMENT ACT 1995

 

Shire of Broome

 

PARKING AND PARKING FACILITIES AMENDMENT LOCAL LAW 2018

 

Under the powers conferred by the Local Government Act 1995, and under all other powers enabling it, the Council of the Shire of Broome resolved on INSERT DATE to make the following local law.

 

1.      Citation

This local law is the Shire of Broome Parking and Parking Facilities Amendment Local Law 2018.

 

 

2.      Commencement

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

 

 

3.      Principal local law amended

This local law amends the Shire of Broome Parking and Parking Facilities Local Law 2012 published in the Government Gazette on 31 July 2012 and as amended and published in the Government Gazette on 19 September 2017.

 

 

4.      Clause 2.5 amended

Delete the text in Clause 2.5 and insert:

 

A person must not remove a vehicle which has been parked in a parking facility until the appropriate fee has been paid for the period which the vehicle has been parked.”

 

 

5.         Clause 3.5 amended

Replace the diagram in clause 3.5(3)(g) with the following diagram:

 

 

 

6.         Clause 3.5 amended

Delete the text in clause 3.5(8) and insert:

 

Subclause (7) does not apply to a verge adjacent to premises zoned ‘industry’, ‘light and service industry’ or ‘residential’ under the Local Planning Scheme if the person is the owner or occupier of the premises adjacent to that portion of the verge, or is a person authorized by the occupier to park on that portion of the verge.”

 

 

7. Clause 5.2 amended

In clause 5.2 delete the words “shall” and replace with the words “must”.

 

 

8.  Clause 6.12 amended

Delete the text in clause 6.12(2) and insert:

 

“Nothing in this clause affects or overrides the limitations or conditions imposed by any other clause in this local law, or by any other local law or traffic sign relating to the parking or stopping of vehicles.”

 

 

 

 

 

 

Dated    

 

 

The Common Seal of the             )

Shire of Broome                            )

was affixed under the authority   )

of a resolution of Council in the  )

presence of:                                   )

 

 

 

_____________________________              _____________________________

H TRACEY                                                          S MASTROLEMBO

Shire President                                  Chief Executive Officer

 


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


MinutesOrdinary Meeting of Council 14 December 2017                                                                   Page 275 of 1354

 

 

9.2.10    Submission - Senate Inquiry into the operation, regulation and funding of air route service delivery to rural, regional and remote communities

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           TRS03

AUTHOR:                                                   Manager Community and Economic Development

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    5 December 2017

 

SUMMARY:         The Senate Rural and Regional Affairs and Transport References Committee is conducting an inquiry into matters relating to the operation, regulation and funding of air route service delivery to rural, regional and remote communities.

It is recommended that Council resolve to make a formal submission to the Committee as part of this inquiry.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 27 July 2017                              Item 9.3.1

 

Background

 

West Australian State Government Economics and Industry Standing Committee Inquiry into Regional Airfares in Western Australia

 

Following endorsement by Council at the Ordinary Meeting of Council (OMC) on 27 July 2017, the Shire made a submission and consequently appeared before the West Australian State Government Economics and Industry Standing Committee (Committee) Inquiry into Regional Airfares in Western Australia. The Shire used this opportunity to increase awareness of the impacts and opportunities in relation to regional airfares in the Broome context, with a focus on areas of influence that the WA State Government has or may have.

 

The Economics and Industry Standing Committee tabled its Report 2, Perceptions and Realities of Regional Airfare Prices in Western Australia (see Attachment 1) in State Parliament on 30 November 2017. The findings with regards to social, business and tourism impacts of current regional airfares across the State largely mirrored the Shire’s submission. Key findings outlined in the report included:

 

Finding 3

The scope for State Government intervention in the Western Australian aviation market is limited.

 

Finding 8

Data provided by the Bureau of Infrastructure, Transport and Regional Economics indicate that the passenger cost per kilometre for intra-Western Australian routes are often significantly higher compared with other national routes of similar distance.

 

Finding 10

High regional airfares are significantly and adversely affecting the lives of regional Western Australians, particularly those who are forced to travel due to sickness, emergency or other family incident.

 

Finding 11

The high cost of regional airfares can have a debilitating effect on price-sensitive markets, particularly small businesses and tourism operators.

 

Finding 14

Tourists are holidaying outside of Western Australia, often in South East Asian destinations including Bali, Singapore and Thailand. The high cost of regional airfares to and within Western Australia is a significant contributing factor.

 

Finding 15

Airlines are required to travel significantly further, and to regional centres with smaller populations, than they do on RPT routes in all other Australian jurisdictions.

 

Finding 21

Evidence before the Committee suggests that market forces may not operate to place sufficient downward pressure on airfares to some unregulated regional destinations.

 

Finding 34

Collaborative initiatives between local businesses, councils and airlines would open up a range of new opportunities, expand the tourism market and overall passenger demand, increasing scale and potentially reducing airfares.

 

Finding 35

While three overseas airlines have recently announced new services to Perth, it seems unlikely in the near future that the State can attract a low-cost airline servicing tourists on regional routes.

 

Furthermore, the Committee tabled the following recommendations for State Government consideration and action:

 

Recommendation 1

The Minister for Transport initiate an immediate review to update the State Aviation Strategy, to reflect current market conditions and the Government’s intrastate aviation policy objectives. The review should consider the adequacy of the Department of Transport’s resources, in light of any proposed changes to its policies or functions.

 

Recommendation 2

The Ministers for Transport, Tourism, and Regional Development establish an interdepartmental working group by 1 February 2018 to assist the review of the State Aviation Strategy and undertake a more coordinated approach to aviation policy implementation.

 

Recommendation 3

The Premier consider re-establishing an Aviation Ministerial Council, to provide oversight for the recommended review of the State Aviation Strategy and ensure an ongoing whole-of-Government approach to the implementation State aviation policy.

 

Recommendation 4

The Department of Transport develop memorandums of understanding by July 2018 with regional airport operators that service unregulated RPT flights for the provision of relevant flight and passenger data. As a minimum, the operators should provide the data that they disclose to the Bureau of Infrastructure, Transport and Regional Economics.

 

Recommendation 5

The Minister for Transport utilise existing licensing powers under the Transport Coordination Act 1966 and Transport Co-Ordination Regulations 1985 to require that airlines operating on unregulated RPT routes provide the ‘prescribed records’ listed in Appendix Seven to the Department of Transport. Strict confidentiality protocols need to be observed around commercially sensitive information.

 

Recommendation 6

The Minister for Transport direct the Department of Transport to produce a biannual report assessing prevailing market dynamics and airfares on WA’s unregulated RPT routes.

 

Recommendation 7 Page 127

The Minister for Transport direct the Department of Transport to undertake a discrete, detailed economic analysis and community consultation to determine whether any additional RPT routes in WA should be subject to regulation, with priority placed on the Perth-Kununurra service.

 

Recommendation 8

The Department of Transport review its current tender design process for regulated RPT routes. The review should consult with the market regarding alternative packaging arrangements to optimise service efficiencies for ‘like’ routes.

 

Recommendation 9

As part of the review of the State Aviation Strategy, the Department of Transport engage with industry and local communities to examine the market opportunities for additional inter-regional routes within Western Australia.

 

Recommendation 10

As part of the review of the State Aviation Strategy, the Department of Transport consider whether any current RPT routes require subsidisation to secure their viability.

 

Recommendation 11

The Department of Transport report to the Minister of Transport on the viability and utility of providing a web-based tool for regional airfares similar to FuelWatch.

 

Recommendation 12

As part of the review of the State Aviation Strategy, the Department of Transport consider opportunities to leverage the State’s purchasing power to encourage initiatives such as compassionate and/or community airfares for residents.

 

Recommendation 13

All proposals for new mining airstrips within 100km of existing RPT airports to be considered at Cabinet level and be accompanied by a recommendation from the Aviation Ministerial Council.

 

Senate Inquiry into the operation, regulation and funding of air route service delivery to rural, regional and remote communities

 

On 16 November 2017, the Senate referred the following matters to the Senate Rural and Regional Affairs and Transport References Committee (Senate Committee) for inquiry and report by 30 March 2018:

 

The operation, regulation and funding of air route service delivery to rural, regional and remote communities, with particular reference to:

 

a.   social and economic impacts of air route supply and airfare pricing;

b.   different legal, regulatory, policy and pricing frameworks and practices across the Commonwealth, states and territories;

c.   how airlines determine fare pricing;

d.   the determination of airport charges for landing and security fees, aircraft type and customer demand;

e.   pricing determination, subsidisation and equity of airfares;

f.    determination of regulated routes and distribution of residents’ fares across regulated routes;

g.   airline competition within rural and regional routes;

h.   consistency of aircraft supply and retrieval of passengers by airlines during aircraft maintenance and breakdown;

i.    all related costs and charges imposed by the Civil Aviation Safety Authority; and

j.    any related matters.

 

Submissions addressing all or some of the terms of reference for this inquiry are due to the Senate Committee by 5 February 2018.

 

COMMENT

 

The current Senate inquiry provides the Shire with another opportunity to advocate in relation to the important role of air services, and impact on the current and future community and economic sustainability of Broome and the region.

 

In response to the terms of reference for the Senate inquiry, it is recommended that the Shire make a submission including the key elements summarised below. A copy of the full submission proposed is shown in Attachment 2.

 

Term of Reference

Summarised Shire Response

a)   social and economic impacts of air route supply and airfare pricing

Shire believes that current air route supply and pricing are having significant social and economic impacts on Broome. Among other impacts, the current cost of air travel has been shown to be inhibitive to potential visitors and increases the isolation for residents.

b)   different legal, regulatory, policy and pricing frameworks and practices across the Commonwealth, states and territories

The Shire notes the benefits of local pricing schemes (eg. in regional Queensland) and regulated routes (eg. in southern Western Australia). The Shire also believes further analysis of the benefits of lifting cabotage restrictions (with limitations) is warranted.

c)   how airlines determine fare pricing

There currently seems to be limited transparency on this process from airlines, which is seen as one of the factors causing community outrage.

d)   the determination of airport charges for landing and security fees, aircraft type and customer demand

The Broome International Airport is privately run, and the Shire does not have involvement or oversight in relation to airport charges.

e)   pricing determination, subsidisation and equity of airfares

The continued support and growth of the Broome tourism industry is considered a key economic priority for Broome. Taking into account the smaller scale of the regional centres in northern Western Australia, data would suggest that price per kilometre charges are higher when compared to eastern coast routes of similar distance.

f)     determination of regulated routes and distribution of residents’ fares across regulated routes

The Shire does not have a position on regulated routes, but understands that regulated routes in Western Australia have led to greater transparency and engagement between airlines and the community with regards to airfares and services.

g)   airline competition within rural and regional routes

The key air routes to Broome are serviced by two airlines. The resultant degree of competition as a result could be seen as negligible.

h)    consistency of aircraft supply and retrieval of passengers by airlines during aircraft maintenance and breakdown

The Shire does not have a position.

i)     all related costs and charges imposed by the Civil Aviation Safety Authority

The Shire does not have a position.

j)     any related matters

The Shire welcomes any Federal Government assistance in maintaining and developing the community and economic sustainability of Broome, and other regional centres across northern Australia. The Shire seeks support in the development and facilitation of international linkages, addressing the high costs of air services to and from Broome and calling for greater transparency and consistency from airlines when setting airfares.

 

Overall, it is considered important that the Shire continues to articulate the challenges, issues and opportunities associated with air services to the inquiry.  Therefore, it is recommended that Council make the submission as shown in Attachment 2.

 

CONSULTATION

 

Senate Rural and Regional Affairs and Transport References Committee

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

There are no identified financial implications associated with Council presenting a submission to the Inquiry.

 

RISK

 

The following risks have been identified for Council’s consideration. Based on the following analysis it is recommended that Council proceeds with the submission.

 

Risk

Type

Rank

Mitigation

Shire does not make an independent submission to the Inquiry.

Reputational

Medium

Given the impacts of this issue on Broome, and levels of frustration throughout the community, it is recommended that Council makes a submission.

 

The Shire’s submission is not supported by industry or stakeholder bodies.

 

Reputational

Low

Similar themes to those identified by the Shire have emerged in the media and in different regions, and have been reflected in discussions with key stakeholders in Broome.

The Shire’s feedback makes limited impact.

Reputational

Low

The outcomes and recommendations of the inquiry are being guided by the Commonwealth Government. The Shire is being proactive by participating in the Inquiry.

 

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:

 

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

 

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

 

Affordable and equitable services and infrastructure

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                               Seconded: Cr C Marriott

That Council:  

1.       Notes findings and recommendations contained within the Economics and Industry Standing Committee’s Report 2, Perceptions and Realities of Regional Airfare Prices in Western Australia as shown in Attachment 1.

2.       Endorses the submission to the Senate Rural and Regional Affairs and Transport References Committee Inquiry into the operation, regulation and funding of air route service delivery to rural, regional and remote communities as shown in Attachment 2.

3.       Requests that the Chief Executive Officer forward the submission as shown in Attachment 2 to the Senate Rural and Regional Affairs and Transport References Committee.

CARRIED UNANIMOUSLY 6/0

 

Attachments

1.

EISC Report - Perceptions and Realities of Regional Airfare Prices in Western Australia

2.

Shire of Broome Submission

  


Item 9.2.10 - Submission - Senate Inquiry into the operation, regulation and funding of air route service delivery to rural, regional and remote communities

 

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


Item 9.2.10 - Submission - Senate Inquiry into the operation, regulation and funding of air route service delivery to rural, regional and remote communities

 

 

 

 

 

INQUIRY INTO THE OPERATION, REGULATION AND FUNDING OF AIR ROUTE SERVICE DELIVERY TO RURAL, REGIONAL AND REMOTE COMMUNITIES

SHIRE OF BROOME SUBMISSION

14 DECEMBER 2017

 

The Shire of Broome welcomes any Federal Government assistance in maintaining and developing the community and economic sustainability of Broome, and other regional centres across northern Australia. The Shire seeks support in the development and facilitation of international linkages, addressing the high costs of air services to and from Broome and calling for greater transparency from airlines when setting airfares.

With support from all stakeholders, Broome is well positioned to make rapid progress as a result of the economic opportunities in the region. There is a strong willingness from local leadership to drive growth and development, and support from the Federal Government is welcomed.

The Broome Context

The context for Broome in relation to air route services and pricing can be summarised as follows:

·    Airfares are now high to and from Broome.

·    Average airfares have been higher to and from Broome for five years to end March 2017.

·    Tourism to Broome has lost out due to high average airfares.

·    Fall in number of seats offered on Perth-Broome are much larger than domestic airline averages – a key reason for high airfares.

·    Growth in air travel is shown to be on the back of growth in the region’s off-shore liquefied natural gas industry rather than tourism.

 

Response to Terms of Reference

The Shire’s response, and recommendations to the inquiry’s terms of reference are as follows:

a.    social and economic impacts of air route supply and airfare pricing;

The Shire believes that current air route supply and pricing are having significant social and economic impacts on Broome. Among other impacts, the current cost of air travel has been shown to be inhibitive to potential visitors and increases the isolation for residents. A fall in total overnight holiday visitors to Broome of 7%, compared to growth of 27% to WA as a whole in the last five years compared to the five years previous is a major concern for the Broome economy given its traditional reliance on tourism.

Social (community) impacts

 

·    The cost of living in the north west is increased dramatically by the price of airfares.   

·    The geographical remoteness of Broome in comparison to the remainder of the State is exacerbated by accessibility of flights at affordable prices. 

·    Last minute, unexpected or peak season flights are regularly unaffordable for the majority of residents. Flights during the tourist season (April – October), around public holidays (Christmas, Easter etc) or during school holidays are not accessible for the community.

·    Increased isolation for residents who have distant family or other requirements to travel elsewhere in the state.

·    Prohibitive for residents to access the specialist health, education, commercial and recreational facilities that are not available where they normally reside.

·    Increased costs for residents requiring travel to access medical services outside of Broome – especially where the Patient Assisted Travel Scheme (PATS) does not fully cover costs or is unable to be accessed.

·    Increased costs of boarding school or remote schooling, especially when children return home during school holidays.

 

Business impacts

 

·    Increased costs of operating businesses in the north west, and additional impediments to new businesses.

·    Provides challenges for businesses looking to relocate to a regional area with access to good air services.

·    Limited ability for local businesses and organisations to cost effectively access professional development, training, conferences, meetings etc where travel is required.

·    Contributes to greater isolation with regards to access to staff, customers and services elsewhere.

·    Limits the pool of prospective employees based on cost of living/travel, remoteness and related pay scales/living allowances are required to commensurate.

·    Increases costs of goods and services to the community to reflect business costs.

·    Challenges to current and future economic development -  impacting the ability to establish, strengthen and accelerate trade and social connections across the state, country and abroad.

·    Contributes to stifling stronger productivity performance and economic growth.

 

Tourism impacts

 

·    The high cost of flights do not assist in the promotion of Broome as an affordable or accessible tourist destination.

·    International and interstate travel is often more affordable – making it challenging for the Kimberley tourism sector to compete and providing little encouragement for domestic tourism in Broome based on cost alone.

·    Concerns regarding impact on pricing and availability of airfares for tourism/residents where resource companies are utilising a fly in – fly out workforce.

·    The tourism sector employs the most people in Broome. Reductions and impacts on numbers of tourists have a broader economic flow on effect throughout the community.

 

b.    different legal, regulatory, policy and pricing frameworks and practices across the Commonwealth, states and territories;

Local Pricing

·    The Shire notes the benefits of local pricing schemes (eg. in regional Queensland) and regulated routes (eg. in southern Western Australia).

·    Destinations such as Roma in Western Queensland benefit from local pricing, and this is a practical measure for the airlines to demonstrate a long-term service commitment to the region.

Cabotage Restrictions

·    The Shire also believes further analysis of the benefits of lifting cabotage restrictions (with limitations) is warranted.

·    In the recent WA State enquiry, further investigation into the lifting of cabotage was also supported by one other international airport in the north west – however the Shire is aware of opposition from the airlines.

·    The Shire believes that there is an opportunity to investigate the impact on ticket pricing and visitation through limited allowance of cabotage to attract international airline services from South East Asia and Hong Kong through to Broome to Perth and the Eastern States’ capitals.

c.     how airlines determine fare pricing;

The Shire understands the use of yield management systems, but is not clear on the process used by airlines to determine fare pricing. There currently seems to be limited clarity on this process from airlines in the public forum - which is seen as one of the factors causing community outrage.

For example, the average airfares paid by Sydney and Melbourne residents to Broome is around 25% higher than the average of routes from Sydney and Melbourne to Darwin and Perth on a cents per kilometre basis over the five years ended March 2017. 

d.    the determination of airport charges for landing and security fees, aircraft type and customer demand;

The Broome International Airport is privately run, and the Shire does not have involvement or oversight in relation to airport charges. The Shire notes that these costs constitute a small part of an airfare, but are a set fee and do not increase as the ticket price rises.

e.    pricing determination, subsidisation and equity of airfares;

Equity of Airfares – East vs West

By the Shire’s understanding, the difference in pricing on the west vs east coast cannot be justified by operating costs.  Furthermore:

·    There is an apparent lower level of service (older aircraft) for a higher price on west coast routes.

·    There are significantly higher costs per kilometre for west coast routes when compared to similar distances on the east coast.

·    The average airfares paid on the Broome-Perth route (when Broome is the only stopover) is over 50% higher than the average of four east coast medium haul routes from Sydney and Melbourne to regional tourist centres on a cents per kilometre basis over the five years ended March 2017.  This comparison excludes low cost carriers.

·    The average airfares paid by Sydney and Melbourne residents to Broome is around 25% higher than the average of routes from Sydney and Melbourne to Darwin and Perth on a cents per kilometre basis over the five years ended March 2017.

 

f.     determination of regulated routes and distribution of residents’ fares across regulated routes;

The Shire does not have a position on regulated routes, but understands that regulated routes in Western Australia have led to greater transparency and engagement between airlines and the community with regards to airfares and services.

g.    airline competition within rural and regional routes;

The key air route to Broome is serviced by two airlines. The resultant degree of competition as a result could be seen as negligible.

h.    consistency of aircraft supply and retrieval of passengers by airlines during aircraft maintenance and breakdown;

The Shire does not have a position on this matter, but is concerned about the numbers of seats available on flights to Broome.

Official data from the Commonwealth Government (BITRE) provides monthly data on the number of seats available and passengers carried for major airline routes in Australia, including Perth-Broome.

In the year ended May 2017 the number of seats available on the Perth-Broome route fell by 5.3% compared to the previous year ended May 2016.  In contrast, domestic seats across the network (available seat kilometres) fell by 0.6%.

In the year ended May 2017 the number of seats available on the Perth-Broome route fell by 13.6% compared to three years earlier, the year ended May 2014.  In contrast, domestic seats across the network (available seat kilometres) fell by 0.9% compared to year ending May 2014 data.

i.     all related costs and charges imposed by the Civil Aviation Safety Authority; and

The Shire does not have a position.

j.     any related matters.

Nil.

Recommendations

Recommendation 1: Support investigations into the development of an international route from Melbourne/Sydney to Broome and on to South East Asia.

It is expected that if this international route is flown even two times per week, it would lead to a significant reduction in airfares on current routes to Broome, and have additional flow on effects in relation to opening direct international access to Broome and the Kimberley.

Recommendation 2: Investigate opportunities for cabotage to be allowed (only) between Australian regional international airports (including Broome, Darwin and Cairns) and the four primary international airports in Australia (being Perth, Brisbane, Melbourne and Sydney)

A potential policy change may also benefit the other major tourist centres in Northern Australia of Darwin and Cairns and be a practical measure to increase tourist and economic development in Northern Australia.

 


Minutes – Ordinary Meeting of Council 14 December 2017                                                        Page 493 of 1354

 

With regard to Item 9.2.11, Cr D Male declared the following impartiality interest pursuant to Regulation 11 of the Local Government (Rules of Conduct) Regulations 2007 – “I run a business as well as a beneficiary of a trust that owns property in the precinct”.

9.2.11    DRAFT CHINATOWN PUBLIC ART AND INTERPRETATION STRATEGY

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           PLA94

AUTHOR:                                                   Manager Community and Economic Development

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    7 December 2017

 

SUMMARY:         The draft Chinatown Public Art and Interpretation Strategy has been developed to catalogue existing public art within Chinatown, and identify opportunities for further works to be developed as part of the upcoming detailed design process for the Chinatown Revitalisation Project. Officers are seeking Council’s endorsement of the plan for this purpose.

It is also proposed that the Shire’s Public Art Reserve is utilised to deliver projects within the plan as part of the Chinatown Revitalisation Project.

Council is requested to consider endorsing the release of the strategy for public comment during 2018 with the view of future adoption as an informing strategy of Council.

 

 

BACKGROUND

 

Previous Considerations

 

ACHAC 16 November 2016        Item 5.1

OMC 24 November 2016             Item 10.3

 

The Chinatown Revitalisation Project aims to deliver much needed upgrades and enhancements within the Broome central business and retail district. This will see the delivery of key activities aimed at boosting economic activity along with preserving and enhancing Chinatown’s role as the social, cultural and economic hub of Broome.

 

The draft Chinatown Public Art and Interpretation Strategy (Strategy) (Attachment 1) is part of the Public Realm Architecture brief for the project, overseen by specialist consultancy UDLA.

 

At the Ordinary Meeting of Council (OMC) on 24 November 2016, Council endorsed the meeting minutes of the Arts Culture and Heritage Advisory Committee (ACHAC) as follows:

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                               Seconded: Cr B Rudeforth

That Council;

1.       Receives the Minutes of the Arts Culture and Heritage Advisory Committee meeting held on 16 November 2016 and endorses the recommendations of the Committee (as contained in the Minutes attached) enbloc: and

2.       Adopts a budget amendment to the 2016/17 Annual Budget as follows:

·      Transfers $5,000 from the Public Art Reserve; and

·      Increases Account 116120 Public Art Masterplan Op Exp by $5,000 towards installing concrete pads for display of public art.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 7/0

 

Council’s endorsment related to the following resolution of the ACHAC. Recommendations 2, 3 and 4 are pertinent to this report, and have informed the development of the Strategy.

 

COMMITTEE Resolution:

Moved: Ms R Middleton                                           Seconded: Ms V Margetts

That the Arts, Culture and Heritage Committee recommends that Council:

1.       Requests the Chief Executive Officer to investigate an annual Public Art expression of interest or grants program and funding options to be presented back to the Arts, Culture and Heritage Advisory Committee for their consideration and recommendation to Council.

2.       Request the Chinatown Revitalisation Steering Committee consider the Shire of Broome Public Art Masterplan and Yawuru Cultural Management Plan and consult with the Arts, Culture and Heritage Advisory Committee with regard to Chinatown Revitalisation and in particular the following projects:

(a) Streetscape upgrades to Dampier Terrace and Carnarvon Street

(b) Development of pocket parks

(c) Laneway enhancements.

3.       Requests the Chief Executive Officer to review the scope of the Sam Su Lane Mural Project and Chinatown Entry Statement to ensure they complement the Chinatown Revitalisation project.

4.       Endorses the following short-term priorities for the location and type of public artworks in Broome:

(a)    Chinatown

(b)    Iconic locations

(c)    Discovery

(d)    Functional interactive

CARRIED UNANIMOUSLY 7/0

 

The Committee’s input was obtained in accordance with recommendation 2 above through the development of the Strategy.  A workshop was held with the ACHAC on 22 June 2017 and was attended by two members - Councillor Fairborn and Anthony Simmons. Following this workshop, a working draft of the Strategy and workshop minutes (Attachment 2) were distributed to all Committee members for further comment. No additional feedback was received from Committee members.

 

A further workshop was held with the ACHAC on 8 November 2017 to present the draft Strategy and seek in principle support. The documents for review were circulated in the calendar invite to all members. It was attended by Anthony Simmons, Sarah Yu and Rani Middleton. Aside from a small number of minor revisions, the attendees indicated broad support for the Strategy.

 

Recommendation 3 was addressed through the development of the Strategy, with the specialist consultant being provided with the existing proposals and background. During the consultation and subsequent drafting of the Strategy, it emerged that there were a number of other opportunities to incorporate public art throughout the precinct in addition to Sam Su Lane and the Chinatown Entry Statement. 

 

 

COMMENT

 

The development of the Strategy reflects the previous direction provided by the ACHAC and Council in relation to the incorporation of public art, heritage values and multiculturalism into the Chinatown Revitalisation Project. The opportunities and themes articulated by the Strategy also take into account a number of previous documents, plans and proposals, in addition to the feedback gathered from key stakeholders.

 

Planning for the detailed design of streetscape upgrades within Chinatown (to be undertaken following the public comment period) will incorporate further costings, consideration and prioritisation of public art and interpretative projects in order to achieve the best outcomes in parallel with the balance of works.

 

As detailed within the financial implications section below, it is proposed by officers to allocate the entirety of the Public Art Reserve towards implementing public art and interpretative works as defined in the detailed design. There is currently $158,662.00 in the Shire’s Public Art Reserve.

 

Of this total, $5,000 has been allocated towards the installation of concrete pads to display public art following a proposal from Shinju Matsuri who also proposed to curate the exhibit. Officers met with Shinju Matsuri and made a formal request via written correspondence dated 8 June 2017 seeking confirmation that the group was still willing to curate. To date no reply has been received.

 

Taking this into account, and the object for the Public Art Reserve to deliver tangible public art outcomes, Officers are recommending that the money be reallocated to the Chinatown public art works.

 

Projects from the Strategy to be delivered through the Chinatown Revitalisation Project will be deliberated on by the Steering Committee. Those which draw upon Council funding will be presented at a future OMC for endorsement at the point of concept design.

 

Strategy

 

Key elements of the Strategy are summarised below:

 

Existing public art and interpretation

 

An integral part of the Revitalisation Project is to curate a cohesive interpretation and public art strategy that pays respects to the Traditional Owners and other cultural groups that established Chinatown and capture the key historical and cultural stories of the town. Where possible, existing art and interpretation pieces will remain in–situ. Alternatively, in consultation with the original artists they will be relocated and integrated into the streetscape improvement works.

 

Existing elements include:

 

·    WWII Air Raid memorial plaque (2004)

·    Statues of Hiroshi Iwaki, Tokuchi Kuribayashi and Keith Dureau (1977) originally part of the Sam Male Memorial on Male Oval

·    Hard Hat Driver (1999) by Joan Walsh-Smith and Charles Smith

·    ‘Our Indigenous Pearl Divers’ Plaque (2001)

·    Mural on Oasis Wall (Roebuck Bay Hotel)

·    Chinese Gate (Broome Chinese Community)

 

Public art opportunities and themes within Chinatown

 

Within Chinatown there is an opportunity for multiple types of public artworks, with varying themes and locations. All works will need to be developed further in collaboration with key stakeholders, Yawuru, the relevant families and the Broome Historic Society. The processes for selecting artists, developing art briefs and funding the works will develop as the Chinatown Revitalisation Project progresses.

 

Some themes that will be explored through the development of the design may include:

 

Welcome to Yawuru Country

 

Theme: Paying respect to the Traditional Owners and welcoming visitors to Chinatown. Description: Work to be developed with Yawuru. Final location(s) to be determined. This work may teach people about aspects of Yawuru Country and people.

 

Chinatown Entry Statement

 

Theme: An iconic welcome to Chinatown.

Description: Working with a well-known artist, the community would produce an artwork that is unique to Broome and represents all the cultures that make up Chinatown.

 

Huabiao

 

Theme: A formal Chinese welcome.

Description: There has been a suggestion that a Chinese huabiao (marble pillar) at the Short St roundabout would be an appropriate welcome symbol.

 

Broome Portrait Gallery

 

Theme: The People of Broome Past and Present.

Description: Large portrait style photos of influential Broome people attached to the Sam Sue Lane fence, this would be very visual as you enter Chinatown.

 

The Shop Keepers

 

Theme: The celebration of the old shop keepers and their stores.

Description: An artwork that represents the unique selection of shops and the people who ran them. This might be a sculptural work inspired by an item commonly used by shop keepers such as an abacus.

 

The Sounds of Chinatown

 

Theme: The development of a unique Broome sound.

Description: An artwork inspired by the characters and sounds that shaped the Broome music, theatre and film scene. This may include history of Sun Pictures, Bran Nue Dae and local musicians, play writes and actors.

 

The Chinese in Broome

 

Theme: Celebrating and acknowledging the Chinese community.

Description: An artwork undertaken by the Chinese community to celebrate the Chinese contribution to Chinatown. This may include the numerous festivals held in Chinatown and reference the decorations, colours, lanterns, sounds, food, music, traditions etc associated with the festivals.

 

Johnny Chi Lane

 

Theme: John Chi Lane was a bustle of activity with many little shops including a pearling cleaning shop, boarding houses, long soup shop, a barber, billiard rooms, a carpenter, a diving boot maker, general stores, and a hotel. During festivals it was decorated with paper flowers, paper lanterns, flags, banners, cherry blossoms, ornamental arches. Description: Art work depicting the cultures that made up the town and activities that took place in the lane.

 

The Pearling Story (timeline)

 

Theme: A time-line that depicts the history of pearling including traditional uses of pearl shell, the button industry, the hardships of diving, indentured labour and black birding, cultured pearls etc.

Description: To align with the time-line work outlined as part of the integrated works a bronze sculpture shall be created that represents the traditional owners involvement in the pearling industry and the original uses of pearl shell.

 

The Tram

 

Theme: The tram from the ‘Old Jetty’ bringing goods into Chinatown.

Description: An artwork inspired by the tram line controllers for switching the line which were located near the corner of Napier Tce and Carnarvon St.

 

Stories that may be integrated into Chinatown landscape architecture

 

The descriptions below indicate what stories might be integrated into the design of the streetscape works. This may include integration into paving, shade shelters, seats etc. Again, all works will require approvals and input from relevant stakeholders. Some themes that will be explored through the development of the design may include:

 

Jila

 

Theme: Identifying the location of some of the permanent fresh water soaks.

Type of work: Art work/patterns integrated in to the paving.

Description: Work to be developed with Nyamba Buru Yawuru. Final location(s) to be determined.

 

Chinatown food shops

 

Theme: Food was a major part of Chinatown. These works would celebrate and identify some of the key historic food shops and vendors around town.

Type of work: Functional art such as benches (various locations).

Description: The work may take the form of bowl/vessel shaped benches or text about the different shops may be integrated into the benches or on the ground. This piece would need to be developed with the Historic Society and the old Broome families.

 

The Colourful Community Events

 

Theme: Festivals.

Type of work: Shade structures (various locations).

Description: Integrate symbols and items from key historic and cultural events and festivals such as the Merdeka festival, Mooncake Festival, Shinju Matsuri Festival of the Pearl, Hung Seng Festival, Chinese New Year, Japanese Bon Festival.

 

The Pearling Story (time-line)

 

Theme: A time-line that depicts the history of pearling including traditional uses of pearl shell, the button industry, the hardships of diving, indentured labour and black birding, cultured pearls etc.

Type of work: Interpretation / discovery / sculptural / ground.

Description: A linear series of panels or inserts in the paving displaying text and photos. This would run the length of Dampier Terrace on the Bay side. It is proposed that the three existing bronze sculptures are relocation to be part of the time-line with an additional bronze sculpture installed to represents the Traditional Owners involvement in the pearling industry and the original uses of pearl shell (refer to the public art plan for details of sculpture).

 

Multi-cultural Chinatown

 

Theme: The different languages of Chinatown.

Type of work: Signage (various locations).

Description: Multi-lingual signage on all signs. Locations to be determined.

 

Interpretation

 

Interpretation is about communicating factual accounts and stories relevant to a place. It is intended that the existing interpretation plaques and signs be retained and supplemented with additional interpretive elements. It is envisaged that a network of stories will become a series of interpretive trails throughout Chinatown.

 

Summary

 

Officers recommend that Council endorses the Strategy as shown in Attachment 1, based on the broad consultation that has been undertaken with key stakeholders including Committee members.  Council’s endorsement will allow the Strategy to be used to inform the detailed design of the Chinatown Revitalisation works.  It is further recommended that the draft Strategy be subject to public consultation in early 2018 so that it can stand alone as an informing strategy of Council.

 

CONSULTATION

 

Consultation has been conducted by UDLA and sub-consultants with key stakeholders including:

 

·    Nyamba Buru Yawuru Ltd

·    Broome Chinese Community Committee

·    Broome Historic Society

·    Shinju Matsuri

·    Arts Culture Heritage Advisory Committee 

·    Youth Advisory Council

·    Chinatown Revitalisation Consultant team

·    Chinatown Revitalisation Community Stakeholder and Reference Group

·    Chinatown Traders and Landowners

·    Chinatown Revitalisation Project Control Group and Steering Committee

 

As part of community engagement through the Chinatown Revitalisation Project, the draft Strategy was presented to the Chinatown Stakeholder Reference Group (CSRG) on 14 November 2017, and circulated via email to all members on 21 November 2017.

 

A query was raised from a CSRG member regarding the Shire’s Chinatown Development Strategy (2013) – which indicated a possible location for an entry statement to Chinatown adjacent to the Old Broome Road and Short Street roundabout. This was considered during the Strategy development, and a preferred location identified on Male Oval (adjacent to the Carnarvon Street and Napier Terrace roundabout). This location provides greater opportunities for safe and accessible pedestrian interaction with an entry statement, and is the recommended location within the Strategy.

 

No further queries were raised from this group, and the Strategy has subsequently progressed through the Chinatown Revitalisation Project governance structure, with endorsement from the Project Control Group and Steering Committee.

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

 

POLICY IMPLICATIONS

 

5.1.6 Public Art Policy

8.20 Provision of Public Art

 

FINANCIAL IMPLICATIONS

 

Endorsement of the Strategy will not have any direct financial implications. Financial implications will be dependent on the outcome of the final detailed design process for the Chinatown Revitalisation Project.

 

It is proposed to utilise the Shire’s Public Art Reserve to fund public art projects identified in the Strategy, given the alignment of the Strategy with previous resolutions of the ACHAC and Council. To date, there is $158,662 of funding available in GL #100010320 Public Art Reserve.

 

RISK

 

Risk

Type

Rank

Mitigation

Project delays due to Strategy not being endorsed.

Reputational

Financial

Medium

Endorse officer’s recommendation to allow the Strategy to inform detailed design.

Negative community feedback.

Reputational

Low

Broad stakeholder consultation and engagement has been completed as part of this project. Further feedback will be garnered through a public consultation process prior to the final version being endorsed as an informing strategy for the Shire of Broome.

Degree that new public art or interpretive projects are delivered in the detailed design.

Reputational

Medium

The draft strategy is intended to be a guiding document for further detailed design and should not be taken as a commitment to deliver all of the identified opportunities or themes. The detailed design will take into account a range of factors when considering which opportunities to progress, including available budget and overarching Chinatown Revitalisation Project priorities.

Developer and community criticism regarding lack of tangible outcomes to date from the Public Art Reserve.

Reputational

Medium

Allocate funding to deliver public art pieces as per Report Recommendation.

 

STRATEGIC IMPLICATIONS  

 

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

 

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

 

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

 

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

 

 

VOTING REQUIREMENTS

Absolute Majority

 

COUNCIL RESOLUTION:

(REPORT RECOMMENDATION 1)

Moved: Cr C Marriott                                               Seconded: Cr C Mitchell

That Council:

1.       Endorses the draft Chinatown Public Art and Interpretation Strategy as shown in Attachment 1 for the purposes of informing the detailed design stage of the Chinatown Revitalisation works.

2.       Endorses the draft Chinatown Public Art and Interpretation Strategy in Attachment 1 for public comment for a period of 21 days.

carried unanimously 6/0

 

 

Council Resolution:

(Report Recommendation 2)

Moved: Cr C Mitchell                                               Seconded: Cr H Tracey

That Council, pursuant to section 6.8(1)(a) of the Local Government Act 1995, authorises amendments to the 2017/18 Budget to allocate the balance of funding ($158,662.00) in GL #100010320 Public Art Reserve towards the construction of public art and interpretation works as part of the Chinatown Revitalisation Project, with this amount to be transferred to income Account Number 1367506, with a corresponding allocation in expense Account Number 1367412.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 6/0

 

Attachments

1.

Draft Chinatown Public Art and Interpretation Strategy

2.

Minutes of the Arts Culture and Heritage Advisory Committee Workshop held on 22 July 2017

  


Item 9.2.11 – CHINATOWN PUBLIC ART AND INTERPRETATION STRATEGY

 







PDF Creator


MinutesOrdinary Meeting of Council 14 December 2017                                                                   Page 504 of 1354

 

 

9.2.12    CHINATOWN REVITALISATION GOVERNANCE - TERMS OF REFERENCE

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           PLA94

AUTHOR:                                                   Manager Community and Economic Development

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    1 December 2017

 

SUMMARY:         Amendments have been proposed to the Terms of Reference document for the Kimberley Cultural and Interpretative Centre Working Group to reduce complexity within the project framework.  Council is requested to consider and endorse the proposed changes to this element of the Chinatown Revitalisation Project.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 26 June 2014                            Item 9.3.1

OMC 30 April 2015                             Item 9.2.7

OMC 2 June 2015                              Item 9.2.5

OMC 27 August 2015                        Item 9.3.1

OMC 26 November 2015                  Item 9.4.5

SMC 17 June 2016                              Item 6.2.1

OMC 25 August 2016                        Item 9.1.6

OMC 27 October 2016                     Item 10.2

OMC 15 December 2016                 Item 9.3.1

OMC 23 February 2017                     Item 9.1.2

OMC 7 May 2017                               Item 9.3.1

 

At the Ordinary Meeting of Council (OMC) on 7 May 2017, Council endorsed changes to the working title of the feasibility study a Broome Cultural Centre in Chinatown to the “Kimberley Centre for Culture, Art & Story” (Kimberley Centre).  At this time, minor amendments were made to membership of the working group for the project and a Councillor representative was appointed (Councillor Matsumoto).

 

COMMENT

 

A Project Review Meeting for the Kimberley Centre was held on 10 October 2017. The purpose of the meeting was to reduce governance complexity and establish role clarity for operational participants and project team members.

 

One of the key points of discussion was the effectiveness of the governance structure for the study, and opportunities for streamlining. A new structure was endorsed and provides greater clarity, and separation of decision making processes from feedback and stakeholder engagement.

 

This will be achieved through the creation of a sub-group of the Steering Committee for the Kimberley Centre Sub-Project, for the specific purpose of oversight of the Kimberley Centre project. This will involve attendance at Chinatown Steering Committee Meetings by Nyamba Buru Yawuru Ltd (NBY) (recognising the role of Peter Yu as chair of the project working group to this point) and Tourism WA. As additional members on the Chinatown Steering Committee, these Kimberley Centre Sub-Project representatives do not have voting rights.

 

The administrative and governance aspects of the Kimberley Centre feasibility study (e.g. funding agreement deliverables, budgets and timing) will be managed by the Steering Committee (including expanded membership for the Kimberley Centre sub-project).

 

The balance of the membership structure of the Kimberley Centre Working Group will continue, minus the representatives who will now join the Steering Committee as above. A representative from NBY will continue to chair the working group.

 

Appropriate representatives from each member organisation on the working group will be agreed by the Steering Committee, including any changes to a representative from a member organisation if required from time to time. In presenting the revised model to Council, consideration of the appointment of a Councillor to the working group is also requested.

 

Following the Project Review Meeting on 10 October 2017, the terms of reference for the Chinatown Revitalisation Project were revised accordingly and are included as Attachment 1 to this report. Revisions have been made to the following sections to reflect the summary above:

 

·    The Chinatown Steering Committee (Page 5)

·    The Kimberley Centre Working Group (page 10)

 

CONSULTATION

 

The following project partners were involved in the review of the governance structure at the Project Review Meeting on 10 October 2017:

 

·    Shire of Broome

·    Kimberley Development Commission

·    LandCorp

·    NBY

·    Tourism WA

 

The revised structure was subsequently endorsed at the Chinatown Revitalisation Project Steering Committee Meeting on 16 November 2017.

 

STATUTORY ENVIRONMENT

 

Working Groups are not intended to be constrained by procedural requirements of the Local Government Act 1995 and Regulations, however many best practice meeting procedures utilised under the Local Government Act 1995 can be practised for Working Group meetings (see S5.8-S5.25 LGA 1995).

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

Nil

 

RISK

 

The proposed amendments to the governance structure for the Kimberley Centre sub-project have been workshopped and endorsed by the Chinatown Revitalisation Steering Committee. The revised structure has been developed to improve efficiencies and decision making processes in regards to the project, hence reducing risk of the project being falling behind the current schedule.

 

STRATEGIC IMPLICATIONS  

 

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

 

Effective communication

 

Affordable services and initiatives to satisfy community need

 

Accessible and safe community spaces

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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:

 

Effective community engagement

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:  

1.       Endorses the revised Chinatown Revitalisation Governance Terms of Reference as shown in Attachment 1.

2.       Appoints Councillor ___________ as the Elected Member Representative on the Kimberley Centre for Culture, Arts and Story Working Group.

 

Council Resolution:

(Report Recommendation)

Moved: Cr H Tracey                                                 Seconded: Cr C Mitchell

That Council:  

1.       Endorses the revised Chinatown Revitalisation Governance Terms of Reference as shown in Attachment 1.

2.       Appoints Councillor Matsumoto as the Elected Member Representative on the Kimberley Centre for Culture, Arts and Story Working Group.

CARRIED UNANIMOUSLY 6/0

 

Attachments

1.

Chinatown Revitalisation Governance Terms of Reference.

  


Item 9.2.12 - CHINATOWN REVITALISATION GOVERNANCE - TERMS OF REFERENCE

 

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator

 


 

9.3

 

Our Prosperity

 

clip_image002

 

PRIORITY STATEMENT

 

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

 

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

 

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


MinutesOrdinary Meeting of Council 14 December 2017                                                                   Page 524 of 1354

 

 

With regard to Item 9.3.1, Cr D Male declared the following impartiality interest pursuant to Regulation 11 of the Local Government (Rules of Conduct) Regulations 2007 –I run a business as well as a beneficiary of a trust that owns property in the precinct”.

The Chairman advised that a Revised Report Recommendation and Attachment 3 were circulated to Councillors prior to the meeting.

9.3.1      CHINATOWN REVITALISATION PROJECT - COMMUNITY CONSULTATION ON DRAFT CHINATOWN REVITALISATION MASTERPLAN

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           PLA94

AUTHOR:                                                   Special Projects Coordinator

CONTRIBUTOR/S:                                    Strategic Planning Coordinator

RESPONSIBLE OFFICER:                           Manager Planning & Building Services

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    9 November 2017

 

SUMMARY:         At the Ordinary Meeting of Council on 28 September 2017, Council resolved to endorse the Draft Chinatown Revitalisation Masterplan (the Masterplan) for purposes of public consultation.

The draft Masterplan aims to re-establish Chinatown as the ‘heart and soul’ of Broome with proposed improvements to draw the community and visitors to the precinct and stimulate economic activity.

The draft Masterplan was advertised between 9 October 2017 and 30 October 2017. During this time a total of 67 submissions were received.

This report recommends that Council adopt the Masterplan with some minor modifications.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 26 June 2014                            Item 9.3.1

OMC 30 April 2015                             Item 9.2.7

OMC 2 June 2015                              Item 9.2.5

OMC 27 August 2015                        Item 9.3.1

OMC 26 November 2015                  Item 9.4.5

SMC 17 June 2016                              Item 6.2.1

OMC 25 August 2016                        Item 9.1.6

OMC 27 October 2016                     Item 10.2

OMC 15 December 2016                 Item 9.3.1

OMC 23 February 2017                     Item 9.1.2

OMC 25 May 2017                             Item 9.3.1

OMC 28 September 2017                 Item 9.1.1

 

At the Special Meeting of Council held 28 September 2017, Council resolved as follows;

 

REPORT RECOMMENDATION:

That Council:

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

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

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

                                                                                CARRIED UNANIMOUSLY 5/0

 

 

COMMENT

 

The draft Masterplan was developed following extensive consultation with Chinatown traders, landowners and other key stakeholders. It was advertised for public comment for 21 days following the Ordinary Meeting of Council on 28 September 2017.

 

The draft Masterplan aims to re-establish Chinatown as the ‘heart and soul’ of Broome with proposed improvements to draw the community and visitors to the precinct, and stimulate economic activity.

 

The proposed improvements include:

 

·    A major renovation of Carnarvon Street that will provide expansive, shaded, engaging pedestrian areas and event spaces, with less bitumen and wider footpaths resulting in amended parking and improved cross-street access. The upgrades will improve amenities such as signage, lighting, street furniture and public art, and WiFi will be available across Chinatown.

 

·    Upgrades to Dampier Terrace including widening footpaths to create space for alfresco dining.  Much-needed shade would be provided by additional tree planting and structures to create a welcoming space for pedestrians.

 

·    A new Tourist Rest Facility on the eastern edge of Male Oval on Carnarvon St.  This would include replacing current toilet facilities, adding shade structures, street furniture, bus parking, power and lighting and a significant landscape upgrade acting as an arrival point for visitors.

 

The 21day advertising period closed on 30 October 2017. During this time, a total of 67 submissions were received which are set out in the Schedule of Submissions (refer to Attachment 1). A late submission was received from the Roebuck Hotel which is included in Attachment No 2.  Submissions were received from:

 

·    Local residents

·    Local Traders

·    Local Landowners

·    Broome Chamber of Commerce and Industry

·    Cruise Broome

 

Attachment No 3 details the key themes that were raised in the submissions and sets out the design team’s response and recommended actions. This was considered by the Steering Committee on the 6 December 2017 and has been updated to reflect the Chinatown Revitalisation Steering Committee’s agreed position.

 

In summary, the main issues raised during the submission period are outlined below:

 

Car Parking

 

Car parking was a common theme amongst the responses, and whilst it is widely acknowledged that the amount of bitumen will need to be reduced to improve the public realm; there remain concerns relating to the impact that this could have on car parking availability for visitors and traders alike. Other car parking concerns were also raised, including a lack of long term parking options for local workers, as well as the equity of removing bays paid for by developers as part of a ‘cash in lieu’ car parking agreement. 

 

In response, it is acknowledged that some sections of Chinatown will see a reduction in car parking bays. Further detailed investigations have been undertaken with regards to the number of parking bays that will be lost to implement the draft Masterplan. Based on revised estimates, 32 bays will be removed from Carnarvon Street and Dampier Terrace, however, these bays can be reinstated throughout Chinatown to allow for long-term/employee parking in the fringe areas and short-term parking in the central locations.

 

To address the concerns raised regarding previous collection of cash-in-lieu funds and also in recognition that the availability of car parking does have an impact on the viability of a town centre (particularly in Broome where there is minimal provision of public transport); it is recommended that the reinstatement of the bays lost through the implementation of the Masterplan form part of the project costs. A design has been prepared that confirms that the land between Sam Su Lane and the Broome Visitors Centre Car Park can accommodate up to 40 parking bays.

 

Subject to the reinstatement of the parking bays being delivered through the project, it is considered that the draft Masterplan delivers a balanced view of delivering public realm improvements to revitalise the precinct without compromising the viability and usability of the town centre through the removal of car parking bays and access.

 

Disruption to business during construction

 

There were concerns raised regarding the timing of construction, particularly if construction were to be undertaken over the high tourist season. Submissions highlighted that this would be the most disruptive to traders.

 

Like any redevelopment proposal, there is a need to be cognisant of the potential impacts that construction and works could have on local businesses and events whilst also considering the towns tropical location and susceptibility to extreme weather conditions.

 

It is considered that the implementation of the works will require intricate planning to mitigate disruption, however, there will be some disruption during construction.

Broome’s constraints are:

•       High tourist season – when works can be carried out most efficiently.

•       The summer season – when it is elevated risk to carry out works due to inclement         weather.

 

Measures are being put in place as a part of the management of the civil works to minimise the amount of disruption that may occur. No amendment to the Masterplan is required in this regard. 

 

Recognition of Culture and Public Art

 

There were several submissions that identified the need to incorporated the unique cultural aspects of Broome within the project.

 

The Masterplan provides high level guidance and visioning for the key infrastructure changes proposed. A key objective for the development of new infrastructure, public realm and revitalisation of Chinatown is around capturing the unique natural and cultural history of the place, which will be expressed through public art and materiality. Ephemeral aspects reflecting this history may be captured in a future Place Activation Management Plan.

 

Water Feature

 

The opportunity to incorporate water features into the CRMP were identified by several submissions. Suggestions ranged from water fountains, flowing water features, misters to still water features.

 

It is acknowledged that water features could provide an aesthetically pleasing landscape feature, however they are not recommended by the design team due to the restrictive guidelines and high maintenance costs. There are, however, opportunities to include drinking fountains. The viability and potential location of these would be assessed through the detailed design phase.

 

Landscaping and Tree Species

 

A range of tree species were suggested through the consultation period with an emphasis on shade and how the species would interact with the historic built form.

 

The establishment of trees for the long-term shading needs of Chinatown is the intent of the current Masterplan. It is envisaged that canopy cover will not only provide shade, but also improve the visual aesthetic of the town by screening undesirable areas and framing the historic built form. The specific landscaping selection will be determined as part of the detailed design phase, taking into consideration whether the trees are native to region; ability to cope with the climate and underlying soil salinity; shade coverage and visual appearance.

 

Drainage

 

Some submissions raised questions about the underlying drainage issues associated with Chinatown, noting the regular flooding of Short Street, and longer term risk of inundation from storm surge, taking into account sea level rise.

 

A hydrological review has been undertaken which shows areas requiring attention at the intersection of Carnarvon and Short Street. A design solution will be confirmed as part of the detailed design. Further considerations by Council will be required with regard to how any drainage improvements will be funded as this is currently outside of the indicative project budget.

 

Tourist Rest Area/ Bus Drop Off Point

Concerns were raised in response to the location and size of the proposed bus drop off/ tourist rest area adjacent to Male Oval. Submissions identified that the current location would not be able to accommodate for the increased number of buses that are required to service larger cruise ships.

 

Accommodation of cruise ship drop-off is important to activate Chinatown. The Shire has had further discussions with Paspaley and Cruise Broome and its is likely that a bus-drop off area of sufficient size can be accommodated on Paspaley land on Dampier Terrace (Lot 3067 Dampier Terrace). This location is considered preferable over the Male Oval location because:

·    sufficient area is available;

·    it would have minimal impact on existing parking and would avoid the need for road closures/traffic management plans;

·    may assist to achieve activation of the whole precinct as people would be inclined to travel along other streets, as opposed to being concentrated on Carnarvon Street.

·    Paspaley are open to lease agreement.

 

At this point, the cruise ship drop-off point is currently occurring in Dampier Terrace near the entrance to Johnny Chi Lane, which is currently meeting needs. However as the numbers of visitors increase an alternative location will be required. As the exact number of buses to be accommodated and design of this facility requires further consideration, it is recommended that Steeters Jetty, which is currently a ‘Priority 3 – Medium Term Project’ be changed to a ‘Priority 2 – Light Touch Project’ in the Masterplan. Further consultation will be undertaken between Cruise Broome and the landowner to ensure that requirements are met as more detail becomes available.

 

The Male Oval Tourist Rest Facilities are currently shown as a ‘Priority 1 – Short Term Project’, however given the above and concerns around anti-social behaviour, it is recommended that this be changed to a ‘Priority 3 – Medium Term Project’ which will mean that this will not be funded through the revitalisation project, with the exception of some low-cost improvements.

 

Roebuck Bay Lookout

 

The submissions raised questions regarding the location of the proposed lookout, noting that it was originally proposed to be located adjacent to the corner of Frederick Street and Dampier Terrace but is now proposed at the end of Napier Terrace.

 

The design intent of the lookout on Napier Terrace was to deliver an iconic structure that spans vertical height and allows a view over the mangroves into Roebuck Bay, of a similar view than that at the top end of Dampier Terrace. However given the potential financial and practical implications of positioning a lookout at the end of Napier Terrace, it is recommended that this concept be removed from the Masterplan. 

 

It is recommended that moderate scale lookout structure be developed at the Dampier Street/ Frederick Street location. The detailed design of this lookout is currently being progressed and this will be constructed prior to the 30 June 2018.

 

Alfresco Dining at the Roebuck Hotel

 

Some submissions received raised concerns over the scale and finish of the proposed alfresco dining area. Concerns were also raised over the management of this area, how the potential for anti-social behaviour would be addressed and whether the landowners would utilise this area. A late submission was received from the manager of the Roebuck Bay Hotel (refer to Attachment No 2), which also raises issues over the removal of these parking bays, issues over maintenance over these areas and who is responsible for security and cleaning.

 

It is recommended that prior to the detailed design progressing for this area, the owners are approached to determine whether there is an appetite to use this area and establish the likely management arrangements that could be implemented. This may result in a redesign of the size and location of the proposed alfresco dining areas.

 

Summary

 

Overall the Masterplan was well received during the public consultation period. It is considered that the Masterplan will provide guidance to deliver positive public realm improvements, and lay the foundations for projects to move from the theoretical to practical implementation.

 

The number of submissions received demonstrate the high community interest in the project and highlight the willingness of residents and traders alike to help shape the future of Broome’s iconic town centre. There were a number of comments/suggestions that have been tabled for consideration in the preparation of the detailed design, however do not trigger the need to amend the Masterplan.

 

In response to submissions received, it is recommended that the following amendments be made to the Masterplan:

 

1.   Remove the lookout shown on Napier Terrace.

2.   Remove the northern laneway link shown in Section 8 of the Masterplan.

3.   Amend section 2.2 and 2.3 to show Streeters Jetty Plaza being a ‘Priority 2 – Light Touch Project’ and the Male Oval Tourist Rest Facilities being a ‘Priority 3 – Medium Term Project’.

 

Further it should be noted, that pending the outcomes from the discussions with the owners of the Roebuck Bay Hotel, that alterations may be made to the layout and position of the alfresco dining options in Dampier Terrace.

 

CONSULTATION

 

The 21day advertising period closed on 30 October 2017. During this time, a total of 67 submissions were received which are set out in the Schedule of Submissions (refer to Attachment 1). A late submission was received from the Roebuck Hotel which is included in Attachment No 2.  Submissions were received from:

 

·    Local residents

·    Local Traders

·    Local Landowners

·    Broome Chamber of Commerce and Industry

·    Cruise Broome

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

 

POLICY IMPLICATIONS

 

Local Planning Policy 8.21 – Design Guidelines – Town Centre Zones

 

FINANCIAL IMPLICATIONS

 

The implementation of the Masterplan will have financial implications for the Shire. As the road reserves are under the care and control of the Shire, the Shire will be required to maintain any improvements that will be implemented as a part of the project. The detailed designs will be required and materials selected will be robust to reduce future maintenance costs to the Shire.

 

RISK

 

Without a clear strategic direction from Council there is a risk that the Shire will not be able to transform the high-level objectives of the project into ‘on-the-ground’ public realm improvements. 

 

The draft Masterplan aims to re-establish Chinatown as the ‘heart and soul’ of Broome with proposed improvements to draw the community and visitors to the precinct and stimulate economic activity. Without an endorsed Masterplan, there is a high risk that transformational change will not take place. The adoption of the Masterplan will provide a guiding plan that the Shire and its partners can use to progress into detailed design and deliver results on the ground.

 

 

STRATEGIC IMPLICATIONS  

 

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

 

Effective communication

 

Affordable services and initiatives to satisfy community need

 

Accessible and safe community spaces

 

 

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

 

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

 

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

 

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

 

Affordable and equitable services and infrastructure

 

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

 

Sustainable and integrated strategic and operational plans

 

Responsible resource allocation

 

Effective community engagement

 

Improved systems, processes and compliance

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(ReVISED REport Recommendation)

Moved: Cr C Mitchell                                               Seconded: Cr B Rudeforth

That Council notes the recommendations of the Chinatown Project Steering Committee (partnership between the Kimberley Development Commission, LandCorp and the Shire of Broome) and adopts the Chinatown Masterplan Report (September 2017) as contained in Attachment No 4 subject to the following modifications:  

 

1.   Remove the lookout shown on Napier Terrace.

2.   Remove the northern laneway link shown in section 8 of the Masterplan.

3.   Amend section 2.2 and 2.3 to show Streeters Jetty Plaza being a ‘Priority 2 – Light Touch Project’ and the Male Oval Tourist Rest Facilities being a ‘Priority 3 – Medium Term Project’.

CARRIED UNANIMOUSLY 6/0

 

Attachments

1.

Schedule of Submissions

2.

Roebuck Bay Hotel Submission

3.

Summary of Submission Key Themes and Responses

4.

Masterplan

  


Item 9.3.1 – SCHEDULE OF SubmissionS – CHINATOWN REVITALISATION

 

 


SCHEDULE OF SUBMISSIONS – CHINATOWN REVITALISATION

#

Name

Date

Submission

Officer Comment

Recommendation

1.

NA

9/10/2017

Please tick the most relevant to describe you:: Broome Resident

 

What do you like about the Master Plan?: Nothing

 

What do you think could be improved / is anything missing?: not enough parking now

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?: Waste of time, leave it as it is and get the boulevard going.

 

Are there initiatives which you feel would contribute to the revitalisation of Chinatown?: move the Post office

 

Do you have any suggestion about how business and community activity in Chinatown could be increased?: no

 

If you are a business owner, landowner or trader within Chinatown, what do you believe the Master Plan does / doesn’t do to align with your short, medium or long-term needs or vision?: does nothing

Noted.

 

 

Noted.

 

Further detailed investigations have been undertaken with regard to the number of parking bays that will be lost to implement the Masterplan. Based on revised estimates, 32 bays will be removed from Carnarvon Street and Dampier Terrace.

The design team has investigated alternative locations in Chinatown where these lost bays could be reinstated, therefore the implementation of the Masterplan will not have an impact on the availability of parking within Chinatown.

Noted.

 

 

 

 

 

Relocation of the Post Office is beyond the scope of the project.

 

 

Noted.

 

 

 

Noted.

 

 

That the submission be noted and the following actions are undertaken:

 

 

 

 

That the construction of additional parking bays lost through the implementation of the Masterplan be reinstated as a part of the overall Chinatown project.

 

As a part of the detailed design, a revision of the Parking Layout Plan is undertaken which reviews the distribution of timed parking bays in the precinct to allow for long-term parking/employee parking on the fringe areas and short-term parking in the central locations.

 

 

 

2.

NA

9/10/17

Please tick the most relevant to describe you:: Broome Resident

 

What do you like about the Master Plan?: It may be modern however you lose the China town it is and was how very sad 😭

Noted.

 

 

Noted. A key objective for the development of new infrastructure, public realm and revitalisation of Chinatown is around capturing the unique natural and cultural history of the place. While the implementation of the Masterplan will result in some notable changes, the key elements and history of Chinatown will be promoted.

That the submission be noted.

 

 

3.

NA

9/10/17

Please tick the most relevant to describe you:: Broome Resident

 

What do you like about the Master Plan?: I think it is a great idea to have better featured walkways and alfresco dining.

 

What do you think could be improved / is anything missing?: I work on Dampier Terrace and as it is we struggle for parking for long term. If you decrease parking spaces it will force more people to use our limited car parking past Streeter's jetty. We actually need more long term parking (not 2hr) for local businesses employees who use them all year round.

 

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?: As above.

 

 

Noted.

 

 

Noted.

 

 

 

Further detailed investigations have been undertaken with regard to the number of parking bays that will be lost to implement the Masterplan. Based on revised estimates, 32 bays will be removed from Carnarvon Street and Dampier Terrace.

The design team has investigated alternative locations in Chinatown where these lost bays could be reinstated, therefore the implementation of the Masterplan will not have an impact on the availability of parking within Chinatown.

 

 

That the submission be noted and the following actions are undertaken:

 

 

 

 

 

That the construction of additional parking bays lost through the implementation of the Masterplan be reinstated as a part of the overall Chinatown project.

 

As a part of the detailed design, a revision of the Parking Layout Plan is undertaken which reviews the distribution of timed parking bays in the precinct to allow for long-term parking/employee parking on the fringe areas and short-term parking in the central locations.

 

 

4.

NA

09/10/17

Please tick the most relevant to describe you:: Broome Resident

 

What do you like about the Master Plan?: The fact that it maintains car access and parking, it would die if it didn't, the fact markets and sunset activities can be catered for.

 

What do you think could be improved / is anything missing?: I didn't read anything about music or ability to have atmospheric Broome music, which could be used for events as well.


I think the proposed shades are unimaginative, boring and not in keeping with the 'shanty, China town, theme' nothing unique in design to create an attraction. No theme I could see for the Street of Pearls, Lighting should have a" Pearl" look about them, CCTV?


To attract tourism it has to be totally unique, themed, red white and green.

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?: It is only a beautification and falls well short as an attraction for tourism, it fails uniqueness, atmosphere, history, attractions, sense of arrival, entry statement, music, fails sense of Broome.

 

Are there initiatives which you feel would contribute to the revitalisation of Chinatown?: Shift the Markets into the precinct from the Courthouse

 

Do you have any suggestion about how business and community activity in Chinatown could be increased?: You need to know every tourist who comes to Broome visits and spends reasonable time in Chinatown and the Street of Pearls, Cafes need to have at least seating for 50 covers to break even, plenty of Alfresco dining, Broome music, hop on - hop off bus service, the business are all self centred and worried about competing against each other, they need to collaborate, they are unable to agree in forming a pro -active Traders Association, they are there own worst enemies, maybe more competition, so the weak ones disappear and they need to be OPEN

 

If you are a business owner, landowner or trader within Chinatown, what do you believe the Master Plan does / doesn’t do to align with your short, medium or long-term needs or vision?: It is a beautification, there needs to be clear connection/corridor between Dampier and Carnarvon Streets, History needs to jump out and have a strong presence to attract more visitation. Broome music, entry statement, sense of arrival instead of a new toilet block.

 

Noted.

 

 

Noted.

 

 

 

 

Agreed that detailed design will be an important aspect of deliver Broome character.

 

It is acknowledged that to attract tourist the improvements undertaken need to be unique. It is considered that the Masterplan provides adequate guidance to deliver positive public improvement to revitalise the public spaces in Broome. 

 

 

 

 

The delivery of the Masterplan is only one element of the Chinatown Revitalisation project and focuses on improvements to the physical environment. Ephemeral aspects of reflecting this history are proposed to be captured in a future Place Activation Management Plan.

 

Noted, however this is beyond the scope of the Masterplan. The Masterplan however does provide for markets to take place. 

 

Noted. The CIDC has been working with the Chinatown traders to develop ideas and trials to encourage collaboration.

 

 

 

 

 

 

 

 

 

 

 

 

Agreed the function of moving people between Dampier and Carnarvon performed by the laneways is important. The Chinatown Laneways Enhancement Strategy is focused on facilitating comfortable movement and interesting spaces in the laneways, encouraging legible movement between Dampier Terrace and Carnarvon Street.

 

That the submission be noted and the following actions are undertaken:

 

 

 

 

 

 

Detailed design (materials and design of structure) to focus on capturing the uniqueness of Broome.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Develop a Place Activation Management Plan to help with programming of events in the public realm.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Implement the Chinatown Laneways Enhancement Strategy once endorsed.

 

 

 

 

 

5.

NA

10/10/17

Please tick the most relevant to describe you:: Broome Resident, Business owner & trader in Chinatown

 

What do you like about the Master Plan?: The plan looks great, although not to sure how it will go with taking out all the carparks as with peak season it does fill up very quickly and is normally hard to find a carpark.

 

 

 

 

 

 

 

What do you think could be improved / is anything missing?: I work at Artissimo on Dampier tce, and we always have people asking about some grass area with tablets etc to sit on while over near Streeters Jetty. The idea of having trees planted there is great, however I think putting some tables chairs and grass, maybe even a small playground for the kids would be perfect and draw some crowds down to our end as tourists always seem to stay on the other main sections of Chinatown.

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?: My partner is a local sculptor, Pascal Billiau he won the A View to Asia this year with 'The Fish Pirate.


I know he would love to contribute to having some local art displayed throughout Chinatown as a local attraction to showcase his creations either on Dampier terrace or over near Streeters Jetty.

Noted.

 

 

 

The Masterplan does propose for removal of some of the central parking bays to create an improved pedestrian environment and a better public realm. Additional bays have been identified for construction so implementation of the improvements forming part of the Masterplan will not have an impact on the overall number of parking bays in the precinct.

 

Detailed design will consider the viability and practicality of inclusion of grassed areas in the design.

 

 

 

 

 

 

 

 

 

A separate public art strategy is being finalised and a separate process will be developed for incorporation of public art into Chinatown.

 

 

That the submission be noted and the following actions are undertaken:

 

 

That the construction of additional parking bays lost through the implementation of the Masterplan be reinstated as a part of the overall Chinatown project.

 

As a part of the detailed design, a revision of the Parking Layout Plan is undertaken which reviews the distribution of timed parking bays in the precinct to allow for long-term parking/employee parking on the fringe areas and short-term parking in the central locations.

 

6.

NA

10/10/17

Please tick the most relevant to describe you:: Business owner or trader in Chinatown

 

What do you like about the Master Plan?: Amazing how much work and time spent on it, in another universe this is a master plan, meaning in a cooler climate, but it is a tad flawed. Locals do not do pedestrian only in air-conditioned buildings.

 

 

 

 

What do you think could be improved / is anything missing?: Target market-pedestrians ie visitors avg time spent 3 myths, icing on the cake/ Locals support businesses 12 mths of the year, meat in the sandwich. Our winter is hotter than our visitors summer a few water features may help. Locals do not do pedestrian in the wet season they jump out of their airconditioned 4WD into the nearest airconditioned building and lack of parking means going somewhere with the path of least resistance, it is 40 deg in the shade all day every day, that is why the boulevard is more popular during the wet. What is missing is common sense. This is also a working town, people drive in from all around the Kimberley for supplies and are on limited timetable, bad enough during the visitor season where Chinatown traffic came to a standstill a few times, ban caravans. We have also lost parking behind Coles secret local parking diminished. If you want to tell locals that there parking is not important, in the early days Cable Beach club was abandoned, most recently the Mangrove came in from the cold shoulder after 10 years, locals will show you their tailgate .Was any of this mentioned during the consultation. No amount of shade is going to stop humidity which will be great for the dry season. We have 2 seasons hot and f$%@ing hot.

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?: rope off all the areas with designated master plan and invite Broome drivers and pedestrians to drive thru Chinatown on a designated day and gauge response by asking drivers to not honk their horns if they disapprove. Put your money where your master plan is.

 

Are there initiatives which you feel would contribute to the revitalisation of Chinatown?: Late night Friday night during the season June July August ,businesses agree to run their business later on Saturday maybe 2-3, maybe opening up later in the morning since most people are at the markets. Sunday may be a stretch since the weather is amazing but short-term pain for long term gain and if you are a business owner you are still paying the rent if you open or closed.

 

Do you have any suggestion about how business and community activity in Chinatown could be increased?: Kmart or Big W

 

If you are a business owner, landowner or trader within Chinatown, what do you believe the Master Plan does / doesn’t do to align with your short, medium or long-term needs or vision?: Time to think inside the box, that is what Chinatown is, how do we open it up, clear the mangroves [only a little bit] to allow better access to Streeters Jetty to allow boats to use it [maybe from the ships] and ask Paspaley to deliver on its promise when they demolished the Malay quarters, to build a replacement structure. Temporarily cordon off areas that can be utilised for alfresco, permanent structures for shade that do the job, westerly sun is horrific. I have been told no convenient parking no business and that was no idle threat in this modern age of convenience, quick fixes and I want it now. Its amazing how we use outsiders to tell us what is good for us and than ignoring what we ask for than tell us this is what we asked for, consultation is a loose term like the shelters that don't shelter and has no practical use we have a history of being ignored and lucky us here we go again.
We already know this will be forced upon us so this submission will be copied in the event my business is no longer viable.

Noted.

 

 

There is no way to change the climate, however the Masterplan does endeavour to deliver a public realm to make it more accommodating. Activation initiatives will also go some way to demonstrate the benefits of alternate trading times to avoid the hottest part of the day.

 

See comments above.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Noted, however this suggestion would be difficult to deliver as existing infrastructure would need to be altered.

 

 

 

 

 

 

Late night trading trials have been undertaken with more planned in 2018. The CIDC will continue to work with traders to assist with the delivery of new trials and late night trading.

 

 

 

 

 

 

This is beyond the Scope of the Masterplan.

 

 

 

The Masterplan provides for the installation of appropriate shade (structure and trees) to help protect people in Chinatown from the western sun.

 

The return of Chinatown to a viable economic climate is unlikely to be achieved via a ‘quick fix’. The Chinatown Revitalisation does not confess to be the silver bullet but to hopefully act as a catalyst for expansion and development.

 

 

That the submission be noted.

 

7.

NA

11/10/17

Please tick the most relevant to describe you:: Broome Resident

 

What do you like about the Master Plan?: I like the idea of activating Male Oval as a tourist rest stop area, with facilities visitors and locals could use. Tree planting is also always desirable.

 

What do you think could be improved / is anything missing?: The biggest problem with Chinatown is that it is all designed around accessibility for cars. Chinatown is constricted, ugly and crowded, and very pedestrian unfriendly. I would like to see Carnarvon St and Dampier Terrace turned into one way streets so that cars do a loop in one direction (clockwise) around Chinatown, with Short Street between Dampier Tce and Carnarvon Street also one way. Businesses requiring street access such as Mitre 10 and the Roey drive-through bottle shop would not be affected.


This would allow nearly half of the width of these streets to be turned into pedestrian malls and use-able open space. It would also activate the existing shade structures that were built on traffic islands in the middle of these streets,
If parking is an issue, you could have angle parking on both sides of the one-way street if needed. However, while some parking may be lost, Chinatown is not so big that people can not park at the edge of the precinct and walk in. The proposed Grey St extension could also be adapted to provide extra parking on top of that slated for Male Oval. Better promotion of the upstairs parking at Paspaley Plaza would also help.

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?: Increasing the open space and use-ability of the precinct instead of just cramming in more cosmetic features.

 

Are there initiatives which you feel would contribute to the revitalisation of Chinatown?: One way traffic is the single biggest-ticket item.

 

Do you have any suggestion about how business and community activity in Chinatown could be increased?: Given the expensive leases, seasonality of the town and high vacancy rates of shops, I believe any commercial in-fill in lanes etc should be geared toward pop-up shops and short-term market stalls, providing little more than shade, power and tables. Pop-up or short term market stalls and designated places for hawkers selling their art, carved boab nuts, whatever, could also be located near the visitor center and the proposed tourist rest stop area on Male Oval. Market stall style commercial spaces would be in demand, affordable and accessible for people, and very much go with the theme of a traditional Chinatown-style precinct. These areas may also offer another retail outlet for existing commercial operators in Chinatown. A fee for their use would cover costs to the Shire.

Noted.

 

 

Noted.

 

 

 

 

 

The project team in the development of the Masterplan has considered many design responses to improve the pedestrian environment and reduce the dominance of cars on the streetscape. While this concept has merit, to have a viable town centre, the availability of parking is also a significant consideration. It is considered that the current Masterplan delivers a balanced view of improving the pedestrian environment without  compromising the viability and usability of the town centre.

 

One-way streets are not recommended as they facilitate constantly flowing traffic cycling through, which could compete with the pedestrian focus that that public realm in Masterplan is aiming for. It can also cause confusion for navigating the town centre, restricting traffic movement to one direction only.

 

 

 

 

Noted.

 

 

 

 

 

 

Comment noted, see response above.

 

 

 

Agreed, more flexible use of space could add to the activation and interest within Chinatown but needs to be carefully programmed so it is not to the detriment of existing retail.

 

The Chinatown Laneways Enhancement Strategy is considering possible activation opportunities for the laneways in a coordinated manner. These types of activation would ultimately be considered by a Place Activation Management Plan.

 

That the submission be noted and the following actions are undertaken:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Develop a Place Activation Management Plan to help with programming of events in the public realm.

 

Implement the Chinatown Laneways Enhancement Strategy once endorsed.

 

8.

NA

11/10/17

Please tick the most relevant to describe you:: Broome Resident

 

What do you like about the Master Plan?: More pedestrian focused spaces. After just holidaying in Exmouth this week where allof the shops are linked with vehicle free malls where people wander through shops that spill onto the outer and sit and eat takeaway and dining food and just hang out and watch and enjoy the atmosphere. As a resident I rarely cross Dampier Tce and look in the other shops because of the traffic which is too hard with my young family and time consuming to just pop in for a look. I think the shops will really benefit from a pedestrian focused area.

 

What do you think could be improved / is anything missing?: As above

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?: Lots of informal seating - bricks retainer walls to perch on, benches, etc to have a quick stop at or to eat a quick takeaway etc.

 

 

Do you have any suggestion about how business and community activity in Chinatown could be increased?: More outside displays from shops and more outside seating from restaurants so you don't have to physically go in the shop to see what's for sale.

Noted.

 

 

The Masterplan provides for an increase level of pedestrian focus and will create new spaces to facilitate events and gathering spaces. While malls can work successfully and was considered by the design team, in the context of Chinatown it was not considered desirable. Consideration in the detailed design will be given to treatment of the roadway to further slow traffic and create a more pedestrian friendly environment.

 

See comments above.

 

 

Agree flexible and informal spaces for resting will contribute to activation and ability of people to utilise space. The Masterplan provides for spaces to be created and this will be clarified in the detailed design.

 

Noted, the Masterplan will deliver these spaces.

 

 

 

 

That the submission be noted and the following actions are undertaken:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Detailed design to consider informal seating and rest spaces.

 

9.

NA

15/10/2017

Please tick the most relevant to describe you:: Broome Resident

 

What do you like about the Master Plan?: Looks great

 

What do you think could be improved / is anything missing?: Undercover car parking on Carnarvon street & lighting. Will provide car shade for drivers during the day & can be used as night Markets stalls at night bringing more tourists & foot traffic to the heart of town. Markets = people they will overflow into restaurants & stores & give people a place to go on selected nights. I would also close the street for cruise ship days & have Centre markets.

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?: Shade, Light, Trees, Street cafes, 💦 water fountain. A giant peal Lugger playground in town centre, front of visitors Centre.

 

 

 

 

 

 

 

 

 

Do you have any suggestion about how business and community activity in Chinatown could be increased?: MARKETS bring foot traffic Chinatown needs foot traffic give them a reason to go to Chinatown a park Beach is not going to make me visit Chinatown or stay any longer in Chinatown.

Noted.

 

 

Noted.

 

 

Provision of shade will focus on pedestrians (rather than cars). Lighting improvements will form part of detailed design. Strategy for markets in Carnarvon and Dampier Tce will be facilitated in the detailed design.

 

 

 

 

Agreed that additional shade and lighting is required and this has been provided for in the Masterplan. Opportunity for a playground has been considered in the masterplan on the corner of Male oval, albeit will be a future scope as it is not funded in the current works.

 

Water features are not recommended given the restrictive guidelines and subsequent extensive cost and maintenance in WA.

 

Noted. The design of Carnarvon Street has taken into consideration the ability to host markets (spacing and infrastructure), which will be further built into the detailed design stage.

 

That the submission be noted.

 

10.

NA

 

Please tick the most relevant to describe you:: Broome Resident

 

What do you like about the Master Plan?: More trees - excellent
Less asphalt - excellent
Pedestrian crossings - hopefully upon which pedestrians will have right of way over cars, like the rest of Australia.
Public art - can't have enough IMO. What about that mirror sculpture thing near the Museum in Perth that celebrates the Pigrams?

 

What do you think could be improved / is anything missing?: Doesn't go far enough to get rid of cars altogether. Why can't all the cars just park on the roof or around the back in the Short St car park? Those two carparks are never completely full now. How can you dine al fresco with lungs full of car exhaust?
More embracing of Broome's history - why can't the multilingual street signs be brought back, with more of a visual identity recognising the old "quarters" - Malay, Chinese, Japanese, Phillipine, Indian? Celebrating our multicultural identity and all the things that made/make Broome different to the rest of the country - rather than homogenising so you could be downtown in any suburban shopping street in Australia. More public toilets are always welcome. Local people busking Broome-style music. Celebrating the Old Broome Families.

 

 

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?: The Shire already re-designed the area near the entrance to Paspaley Plaza, removing the low wall around the tree to stop Aboriginal residents sitting there. They also moved the taxi rank for the same reason - to impose a kind of apartheid regime on Aboriginal people in their own town on their own country. It was a disgraceful action. The new design may (horror of horrors) provide places for Aboriginal people to meet each other, sit and chat, and carve and sell boab nuts. What are they going to do - employ armed guards with attack dogs to make sure "whites only" is enforced on the new seating? It would not surprise me.

 

Are there initiatives which you feel would contribute to the revitalisation of Chinatown?: Cheaper rents and more pop up shops for sure. Fewer cars. I think the existing red paving is SO ugly - so dated - so much of it - so dominates the visual image of Chinatown - it just swamps the little weatherboard buildings so you don't even really see their age and unique quaintness.

 

Do you have any suggestion about how business and community activity in Chinatown could be increased?: Cheaper rents and more pop up shops for sure. What about imposing a "made in Broome" rule - each business ahs to sell a certain percentage of items which are made here. Even if it is only 5%.


Make it so that Aboriginal people are valued and treasured, not chased away.
Get rid of the bottleshops! That ugly ugly BWS could be such a nice indoor / outdoor street cafe / restaurant area, or a place where permanent food vans could park in one spot with outdoor seating, potted trees and shade sails - beautiful!

Noted.

 

 

Noted. A Chinatown Public Art Strategy is being developed to guide how public art will be delivered in the precinct.

 

The detailed design will aim to use materials to provide cue’s to drivers that crossings are pedestrian prioritized.

 

The project team in the development of the Masterplan has considered many design responses to improve the pedestrian environment and reduce the dominance of cars on the streetscape. The availability of parking must be considered to deliver a viable town centre. It is considered that the current Masterplan achieves a balanced view of improving the pedestrian environment without  compromising the viability and usability of the town centre.

 

 

 

 

 

 

 

 

The treatment and design of the public signage in Chinatown will be considered as a part of the detailed design.

 

Relocation of the Taxi rank was an action attempted at addressing anti-social issues within that immediate area.

 

 

 

 

 

 

 

 

 

The revitalisation project cannot control rents in Chinatown. Selection of materials and design of structures will need to consider Chinatowns character.

 

 

 

 

 

The Revitalisation Project has no control over the products that shops choose to sell. Shops cater to the needs and wants of the patrons.

 

 

 

That the submission be noted and the following actions are undertaken:

 

Implement the Chinatown Public Art Strategy once endorsed.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Detailed design to consider how the unique multicultural and eclectic nature of Broome can be reflected.

 

 

Detailed design to consider passive surveillance and lighting to discourage anti-social behaviour.

 

 

11.

James Carpenter

18/10/2017

Please tick the most relevant to describe you:: Broome Resident

 

What do you like about the Master Plan?: I like the move away from cars

.

What do you think could be improved / is anything missing?: I say pedestrianize Carnarvon st: turn it into a mall.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?: some people will not like it because its change.

 

Are there initiatives which you feel would contribute to the revitalisation of Chinatown?: Thursday night markets there rather than town beach
locals card with businesses that support it.

 

 

Do you have any suggestion about how business and community activity in Chinatown could be increased?: a late night bar for adults.

Noted.

 

 

Noted.

 

 

The project team in the development of the Masterplan has considered many design responses to improve the pedestrian environment. The need to maintain access and provide parking must be considered to ensure a viable town centre. The Masterplan delivers a balanced view of improving the pedestrian environment without  compromising the viability and usability of the town centre.

 

The Masterplan will deliver slower speed traffic environments provide increased passive surveillance with the intent to make the precinct safer.

 

 

Noted.

 

 

 

 

Noted. The design of Carnarvon Street has taken into consideration the ability to host markets (spacing and infrastructure), which will be further built into the detailed design stage.

 

Noted.

That the submission be noted.

12.

John Silver

19/10/2017

Please tick the most relevant to describe you:: Broome Resident

 

What do you like about the Master Plan?: Shade trees, people orientated, people friendly.

 

What do you think could be improved / is anything missing?: Parking. People will not walk to Chinatown. Where do we park? Coles?
Less concrete, radiates heat - more shade. It's only going to get hotter.

 

 

 

 

 

 

 

 

 

 

 

 

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?: Although I agree there needs to be less cars, the reality is we live in a very hot climate for most of the year. Maybe a one way traffic-loop encompassing Dampier Tce, Napier Tce and Grey St would be a pragmatic compromise.

 

 

 

 

 

 

 

 

Are there initiatives which you feel would contribute to the revitalisation of Chinatown?: See the "Fremantle Green Plan" for more ideas, some may be appropriate?

 

Do you have any suggestion about how business and community activity in Chinatown could be increased?: Increased night time activity would be cool, literally. Northbridge has some trendy bars and cafes, reinvented itself nicely.
Night markets in Napier Tce only, otherwise it's too spread out and empty when you include Dampier Tce. Start with a hub and work out from there. The street activities/performers were great!!
ALL the shops need to be open when the night markets are on.

Noted.

 

 

Noted.

 

 

Further detailed investigations have been undertaken with regard to the number of parking bays that will be lost to implement the Masterplan. Based on revised estimates, 32 bays will be removed from Carnarvon Street and Dampier Terrace.

 

The design team has investigated alternative locations in Chinatown where these lost bays could be reinstated, therefore the implementation of the Masterplan will not have an impact on the availability of parking within Chinatown.

 

The project team in the development of the Masterplan has considered many design responses to improve the pedestrian environment and reduce the dominance of cars on the streetscape. Implementation of a one way loop would result in the loss of parking bays and the availability of parking must be considered to have a viable town centre. The current Masterplan delivers a balanced view of improving the pedestrian environment without  compromising the viability and usability of the town centre.

 

Noted.

 

 

 

 

Noted. Part of the Chinatown Revitalisation Project looks at other activation initiates which could active the space. The Masterplan deals with the physical realm, but much of the usability of Chinatown resides in the way people interact with the space.

That the submission be noted and the following actions are undertaken:

 

 

 

 

That the construction of additional parking bays lost through the implementation of the Masterplan be reinstated as a part of the overall Chinatown project.

 

As a part of the detailed design, a revision of the Parking Layout Plan is undertaken which reviews the distribution of timed parking bays in the precinct to allow for long-term parking/employee parking on the fringe areas and short-term parking in the central locations.

 

 

 

 

13.

Chris Nisbet

20/10/2017

Please tick the most relevant to describe you:: Broome Resident, Business owner or trader in Chinatown

 

What do you like about the Master Plan?: Not much!! Nice trees, could be anywhere, looks like a Perth Mall.

 

What do you think could be improved / is anything missing?: I've been living in Broome since 1994 and seen the demise and bastardisation of Chinatown ever since.
Improvement are simple, make it look like a proper Chinatown, ie. sweeping (red/green) Chinese roof line similar to the Telstra phone box that use to be on the corner of Short st & Carnarvon, bring back the signage that we use to have on the corner of Short and Carnarvon sts, I think you'll find the in the Museum (reproduce them); introduce a Tori gate at the entrance of Carnarvon st for that matter at the entrance of Broome instead of whats there now! Get rid of those walk way shelters obviously designed by a builder or someone from the Pilbara, NOT very Broome replace with Chinese sweeping roofing, pretty sure Stratco can roll it here. Relocate the post office that should give you more parking and relocate to a more conducive place. Loosen the laws on buskers and small stores on the foot paths. Have a look at a Chinatown that exist's ie. Melbourne Sydney anywhere but Broome. Let the trees grow this time instead of cutting them down because there wasn't enough parking 'stupid' open your 'eyes'. DO NOT use contract advisors who don't give a shit about Broome. This is a tourist town start making it look like one.

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?: As above

 

Are there initiatives which you feel would contribute to the revitalisation of Chinatown?: As above

 

Do you have any suggestion about how business and community activity in Chinatown could be increased?: As above

 

If you are a business owner, landowner or trader within Chinatown, what do you believe the Master Plan does / doesn’t do to align with your short, medium or long-term needs or vision?: not much

Noted.

 

 

 

Noted.

 

 

 

Noted. The design of the shade shelters will be finalised as part of design development stage.

 

Chinatown in Broome has a much broader cultural and historical storey to tell than that of its namesake. The masterplan will look to be representative of all of these.

 

Comments on buskers and public trading noted.

 

Noted. Establishment of trees for the long-term shading needs of Chinatown is the intent of the current Masterplan.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Noted, see comments above.

 

 

 

 

Noted, see comments above.

 

 

 

Noted, see comments above.

 

 

 

Noted.

 

 

That the submission be noted and the following actions are undertaken:

 

 

 

 

 

 

Detailed design to consider how the unique multicultural and eclectic nature of Broome can be reflected.

 

 

 

 

 

 

14.

Andrew Waters

21/10/2017

Please tick the most relevant to describe you:: Broome Resident

 

What do you like about the Master Plan?: The greening of the main areas; the promotion of active use (design for inclusion and pedestrian use).

 

What do you think could be improved / is anything missing?: The plan appears silent on the future of the existing street crossing points which are confusing for visitors and tourists. Cars often stop suddenly to allow pedestrians to cross even though they are not designated pedestrian crossings, and pedestrians often assume they are designated pedestrian crossings and walk onto the roadway in front of approaching vehicles. Planning needs to address these hazards. The design for Carnarvon St and Dampier Tce needs to include measures that reduce the amenity for vehicle use, slow vehicle traffic to < 20kmh, support universal access and preserve adequate visibility for drivers. The upstairs car park needs to be promoted but the bays need to be widened (which will reduce parking numbers) as they are too narrow currently. this will reduce vehicle reliance on the streets for which increased pedestrian use is wanted.

 

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?: Lighting to promote night time safety (with respect to not increasing 'light pollution'); wet season shelter for rain; stormwater run off including attention to the Short Street - Carnarvon Street challenge of water pooling associated with heavy rain. While the buildings and land are (I presume) privately owned, the area at the Dampier Tce end of Gray Street and along the stretch between Carnarvon Street and Dampier Tce is not attractive. Can the heritage value and amenity be facilitated? Can signage inform visitors of the history of (some of) those buildings?

 

 

 

 

 

 

 

 

 

Are there initiatives which you feel would contribute to the revitalisation of Chinatown?: Consider the use of water (misters, flowing water features, still water) but incorporate safety in design. With Horizon Power consider solar panel use for energy use in redevelopment

 

Do you have any suggestion about how business and community activity in Chinatown could be increased?: Consider new residential accommodation opportunities in/near Chinatown to promote extended use of the area (night time human presence/occupation etc.; which in turn supports social spaces and diversified social uses and activity. Provide amenity for social enterprise such as community fruit and vegetable swap, and small scale 'pop up' trading (food, produce, art, craft, etc; chess and other games (for example), busking and other social enterprise etc)

 

Noted.

 

 

Noted.

 

 

 

 

Pedestrian crossing points have been identified on the Masterplan for Carnarvon Street and Dampier Terrace.

 

Communication and education on the right-of-way within the precinct need to be developed and needs to be consistent.

 

The narrowing of the road pavement and the increase in trees will act to reduce vehicle speed. Further consideration will be given to design features (such a pavement finishes) in the detailed design phase to further slow traffic speeds. 

 

 

 

 

 

 

Noted. Lighting will be addressed at the detailed design stage.

 

The interpretation and representation of the history and culture will be delivered through the Chinatown Public Art Strategy. 

 

). A  hydrological review has been undertaken which shows areas requiring attention at the intersection of Carnarvon and Short Street. A design solution will be confirmed as part of the detailed design.

 

It is beyond the scope of the Masterplan to provide direction on improvements to public land referenced in the comments.

 

 

 

 

 

Water features have not been recommended given the restrictive guidelines and subsequent extensive cost and maintenance in WA.

 

 

 

Noted and while these concepts have merit, they are beyond the scope to deliver as a part of the Masterplan and the Chinatown Revitalisation project. Local Planning Scheme No 6 and the Chinatown Development Strategy all provide for and encourage residential accommodation in Chinatown. Further the Shire has recently reviewed its parking ratios for residential development in Chinatown to promote development of residential accommodation within the precinct.

That the submission be noted and the following actions are undertaken:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Implement the Chinatown Public Art Strategy once endorsed.

 

A design solution for drainage is to be confirmed as part of the detailed design. Implementation of the solution to be negotiated.

 

 

 

 

 

15.

Paula Manning

21/10/2017

Please tick the most relevant to describe you:: Broome Resident

 

What do you like about the Master Plan?: Overall concept ok

 

What do you think could be improved / is anything missing?: More trees to provide shade and cooler temps during the day.

Do not put cafe area coming off the Roebuck bay sports bar. Will not work

Like the walkway through oval and seating plans in Chinatown. Hopefully it can be used by all and not itinerants.

 

 

 

 

 

Are there initiatives which you feel would contribute to the revitalisation of Chinatown?: Promote busking and more events in Chinatown.

 

 

 

 

 

Do you have any suggestion about how business and community activity in Chinatown could be increased?: Encourage rent or rate subsidies by the shire and landlords to help keep businesses in Chinatown

 

Noted.

 

 

Noted.

 

 

Noted. The project has focused on interventions in the public realm given the scope of the revitalisation project funding. Increasing shade within the streetscape, and reducing the amount of asphalt have been key principles in helping to reduce the impact of humidity. 

 

The landowners of the Roebuck Bay Hotel will be closely engaged with during design development to finalise the design and management of the adjacent alfresco areas.

 

Noted. The CIDC role has been implementing trials which include music as cafes and late night trading. More initiatives have been identified for 2018 in this regard. It is also recommended that a Place Management Plan be developed to further build on such initiatives.

 

Noted, however is outside the scope of this project.

That the submission be noted and the following actions are undertaken:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Develop a Place Activation Management Plan.

 

16.

Des Haynes

20/10/17

1.     The proposal to remove 45 car parks in Carnarvon St (17) and Dampier Terrace (28) between Napier Terrace and Short Street is nothing short of vandalism. For decades the Council has aggressively applied the parking provisions of its town planning schemes in Chinatown for new developments and now to remove 45 car bays from the centre of the Chinatown precinct beggars belief. We were assessed to provide 8 car bays for our development at 3 Short Street which we completed in 2002. After an allowance of 3 car bays we were required to pay for 5 car bays cash-in-lieu of onsite parking which we did via a bank guarantee for $45,875 ($9,175 per bay). Council called on the guarantee in 2004. Should council persist with the removal of the majority of the 45 car bays, we would be prompted to seek a refund of $45,875 with interest. We cannot speak for the owners of Woody’s Arcade of Mr Bill Reed regarding their developments but imagine they would be similarly aggrieved. If Council believes the consultants assertion (we don’t) that approximately 30% of the car parking capacity in Chinatown is underutilised, what are the parking implications for future developments?

 

 

 

 

 

 

 

 

 

 

 

 

2.     The proposed treatment in front of the “Roey” to create a public/alfresco space suggests some new “romantic experience” will be created for visitors and local patrons. The proponents of this fantasy have failed or ignored to recognise they are dealing with Broome and that there are social implications that need to be addressed. The area is known for its unruly and anti-social behaviour and this proposed treatment is unlikely to change that no matter how hard the consultants and bureaucrats try to pull the wool over councillors eyes. A dose of reality is needed – this is not Cottesloe or Scarborough.

Also has any consideration been given to:

·      Who will be responsible for the daily cleaning and maintenance of the alfresco area?

·      Does Council intent imposing a licence fee on the owners?

·      Are there any insurance or liquor licence ramifications?

·      How will operable umbrellas see out a 24 hour cycle?

3.     The proposal to establish a laneway through our property, 3 Short Street as part of the laneway enhancement project will severely damage the value of our property, diminish its lease potential and income by removing 4 car parks in the driveway utilised by our tenant PRD Nationwide and detrimentally affect the security of the building. A conversation with us prior to the draft plan being released would have been courteous and helpful. Furthermore recent written advice received from Council and we quote “Any creation of new laneway links will only be possible with a partnership between the Shire of Broome and property owners. There is no mechanism for Shire of Broome to resume land unless negotiated with landowners.”

 

We have no intention of entering into a partnership with the Shire of Broome and negotiating resumption of portion of our property to facilitate this proposal for the abovementioned reasons.

 

Accordingly we request Council to remove the proposed laneway link through our property  from the Chinatown Revitalisation Project.

 

We trust common sense will prevail.

1.   Noted.  Further detailed investigations have been undertaken with regard to the number of parking bays that will be lost to implement the Masterplan. Based on revised estimates, 32 bays will be removed from Carnarvon Street and Dampier Terrace. 

 

The design team has investigated alternative locations in Chinatown where these lost bays could be reinstated, therefore the implementation of the Masterplan will not have an impact on the availability of parking within Chinatown.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2.     Noted. The landowners of the Roebuck Bay Hotel will be closely engaged with during design development to finalise the design and management of the adjacent alfresco areas.

 

The maintenance of the area, licence fee’s and any furniture are all matters dealt with when the landowner lodges a future application under the Local Law and will be further discussed prior to finalisation of the detailed design.

 

 

 

 

 

 

 

 

 

 

 

3.     Noted. This link has only been identified as a strategic long-term opportunity and would be subject to further negotiations with the landowner. However, it recommended to remove given the landowner is not supportive.

That the submission be noted and the following actions are undertaken:

 

 

 

 

That the construction of additional parking bays lost through the implementation of the Masterplan be reinstated as a part of the overall Chinatown project.

 

As a part of the detailed design, a revision of the Parking Layout Plan is undertaken which reviews the distribution of timed parking bays in the precinct to allow for long-term parking/employee parking on the fringe areas and short-term parking in the central locations.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

That the Masterplan is amended to remove the potential laneway on 3 Short Street.

17.

Broome Resident

12/10/17

What do you like about the Master Plan?

Overall I like the look of the plan. I suspect the key & success of the project relies heavily in the tree species selected/planted/maintained.

 

What do you think could be improved? / is anything missing?

I am a little concerned about the reduction in parking spaces – they are very important to the retailers who also pay large rates!

 

 

 

 

 

 

 

 

 

 

 

 

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?:

Perhaps time for ‘pedestrian crossings’ shade is the key.

 

Are there any initiatives which you feel would contribute to the revitalisation of Chinatown?

I think we need to be careful about having a competing retail section at Cable Beach

Noted. Landscaping/planting/tree selection will be addressed as part of detailed design stage.

 

 

Further detailed investigations have been undertaken with regard to the number of parking bays that will be lost to implement the Masterplan. Based on revised estimates, 32 bays will be removed from Carnarvon Street and Dampier Terrace.

 

The design team has investigated alternative locations in Chinatown where these lost bays could be reinstated, therefore the implementation of the Masterplan will not have an impact on the availability of parking within Chinatown.

 

Noted.

 

 

 

 

 

Noted. The focus is to create a compelling offer at Chinatown that is a different experience to Cable Beach.

That the submission be noted and the following actions are undertaken:

 

 

 

That the construction of additional parking bays lost through the implementation of the Masterplan be reinstated as a part of the overall Chinatown project.

 

As a part of the detailed design, a revision of the Parking Layout Plan is undertaken which reviews the distribution of timed parking bays in the precinct to allow for long-term parking/employee parking on the fringe areas and short-term parking in the central locations.

 

18.

Broome Resident/Business owner or trader in Chinatown

11/10/17

What do you like about the Master Plan?

Very little as has mostly been suggested on any number of previous occasions. Does not take into consideration that expectations of all consumers is to shop in comfort (climate) all year round, not just the 7 months of the ‘tourist’ season. Hence the popularity of the Boulevard.

 

 

What do you think could be improved? / is anything missing?

The markets must be moved to Chinatown where they are at the very least compliment the tenants and owners who do pay the rates and taxes that have paid for the parking and facilities that have been provided to the Courthouse location. Example: The Rocks in Sydney move the ‘sacred cow’.

 

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?

Develop part on Male Oval to provide paid for ‘cash in lieu’ parking and include power standards for market stalls and events, shade, wide islands and sealed surfaces for efficient cleaning and re converting to parking.

 

 

 

 

 

 

Do you have any suggestion about how business and community activity in Chinatown could be increased?

Open until 8:00pm in tourist season even if closing for a couple of hours during the day (tourism related products and service) example – Greek Islands.

 

If you are a business owner, landowner or trader within Chinatown, what do you believe the Master Plan does / doesn’t do to align with your short, medium or long-term needs or vision?

Consider our seasonal factors.

Noted. The project has focused on interventions in the public realm given the scope of the revitalisation project funding. Increasing shade within the streetscape, and reducing the amount of asphalt have been key principles in helping to reduce the impact of humidity. 

 

The design of Carnarvon Street has taken into consideration the ability to host markets (spacing and infrastructure), which will be further built into the detailed design stage.

 

Noted. The preference is to have markets within Carnarvon Street to create an active streetscape and support existing traders.

 

At this point the development of parking on Male Oval is considered premature. It is recommended that the Parking Layout Plan is reviewed with the intent of improving the distribution of timed parking bays around Chinatown to provide for long-term parking in external locations and short-term in the more convenient locations.

 

 

 

 

Noted.

 

 

 

 

 

 

 

Noted.

That the submission be noted and the following actions are undertaken:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

As a part of the detailed design, a revision of the Parking Layout Plan is undertaken which reviews the distribution of timed parking bays in the precinct to allow for long-term parking/employee parking on the fringe areas and short-term parking in the central locations.

 

 

 

 

 

 

 

 

Explore potential markets in Chinatown  as part of the Place Activation Management Plan.

 

 

 

 

 

 

 

19.

Broome resident

11/10/17

What do you like about the Master Plan?

What is the difference to what is already there? More trees? And what trees will grow that fast to create shade that one native to this region and suitable in this space?

 

What do you think could be improved? / is anything missing?

Japanese and Chinese gates, street signs in the original format with Chinese and Japanese language/characters.

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?

Plenty of suitable trees that are native to this region (not southern plants), the artist impression looks very city orientated, reconnecting the colours of the original Chinatown/Japtown so buildings are uniform

 

Are there any initiatives which you feel would contribute to the revitalisation of Chinatown?

Positioning Japanese and Chinese gates to welcome into the precinct, more shade – not ugly steel structures, honour the history of Broome

 

Do you have any suggestion about how business and community activity in Chinatown could be increased?

Put a cap on commercial rents to encourage prosperous business and sustainable business.

Noted. Landscaping/planting/tree selection will be addressed as part of detailed design stage.

 

 

 

Noted. This will be considered as a part of the detailed design and the Chinatown Public Art Strategy.

 

 

 

Noted, see comments above.

 

 

 

 

 

 

 

 

Noted, see comments above.

 

 

 

 

 

 

 

Commercial rents are set by the land owner and are independent of the scope of this project.

That the submission be noted.

 

20.

Broome Resident

11/10/17

What do you like about the Master Plan?

It would cool the street down which would encourage people to stay longer. Keep tourists in the town later in to the season.

 

What do you think could be improved? / is anything missing?

Maybe a water feature.

 

 

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?

Bring the old tram line back.

 

 

Are there any initiatives which you feel would contribute to the revitalisation of Chinatown?

Activities such as tables set up with chess sets, activity rooms, community involvement – volunteers to help planting and looking after the areas.

 

Do you have any suggestion about how business and community activity in Chinatown could be increased?

Night markets, open on Sundays, more events in town.

Noted.

 

 

 

 

Noted. Water features have not been recommended given the restrictive guidelines and subsequent extensive cost and maintenance in WA.

 

Noted. The interpretation and representation of the historic features will be considered as a part of the Chinatown Public Art Strategy.

 

Noted. The initiatives are currently being trailed by the CIDC and can be further refined and reinforced through the development of a Place Activation Management Plan. 

 

 

 

The design of Carnarvon Street has taken into consideration the ability to host markets (spacing and infrastructure), which will be further built into the detailed design stage.

That the submission be noted and the following actions are undertaken:

 

 

 

 

 

 

 

Implement the Chinatown Public Art Strategy once endorsed.

 

 

 

 

Develop a Place Activation Management Plan.

 

 

 

 

 

 

 

 

 

 

 

21.

Broome Resident

11/10/17

What do you like about the Master Plan?

I like the focus on green and shaded spaces – there really re no places just to spend time in Chinatown, other than a few unshaded park benches. I think more interesting and artistic shade spaces would encourage people to spend more time in town.

 

What do you think could be improved? / is anything missing?

I think more signage on a lot of shops could be made much much better. Old signage like Wings, Betty’s & Bobs is still stylish and fits Chinatown despite their age. However many places have kind of 1980’s looking signage that really affects the aesthetics of the street.

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?

Maintain importance of creative lighting, green and shady spaces and public art.

 

Are there any initiatives which you feel would contribute to the revitalisation of Chinatown?

Perhaps pop up spaces like Adelaide has done – temporary spaces in carparks with giant board games and umbrellas.

 

Do you have any suggestion about how business and community activity in Chinatown could be increased?

As above – more creative, green, shaded spaces.

Noted.

 

 

 

 

 

 

 

Noted. The signage on private premises falls outside the scope of the revitalisation project. The Chinatown Laneways Enhancement Plan includes initiative to have consistent signage in the laneways.

 

 

 

Noted. These will be considered as apart of the detailed design.

 

 

 

 

Noted. The Masterplan provides for the creation of larger public spaces where such initiatives could be implemented.

 

 

 

Noted, see comments above.

That the submission be noted.

 

22.

Broome resident

9/10/17

What do you like about the Master Plan?

Looks good

 

What do you think could be improved? / is anything missing?

Visitors have told me that Chinatown was disappointing, doesn’t look very Chinese.

 

Noted.

 

 

Noted. Chinatown has a much broader cultural and historical storey to tell than that of its namesake. The masterplan will look to identify the breadth and depth of the area.

 

That the submission be noted.

23

Robert Poole

25/10/2017

What do you like about the Master Plan?: OVERALL THE VISION IS VERY IMPRESSIVE, I HOPE IT CAN COME TO FRUITION!!

What do you think could be improved / is anything missing?: PAGES 18 & 19 AS THE SHIRE HAS OPENED UP FREDERICK STREET TO DAMPIER TCE, WHY NOT UTILISE THE ADVATAGE OF PARKING & VIEWS FROM THE TOP END OF DAMPIER TCE OVER LOOKING CHINATOWN BY HAVING THE VIEWING PLATFORM AT THE HIGHEST & BEST VANTAGE POINT.(TOP END OF DAMPIER TCE?).

 

 

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?: THE BEST POSTION & VANTAGE POINT FOR THE NEW LOOKOUT (PAGE 6 BCMR)SHOULD BE AT THE TOP END OF DAMPIER TCE, IT HAS A NATURAL ALVEATION OF 5 METERS, BY FAR THE BEST VIEW OF THE ROEBUCK BAY.IF THE LOOKOUT ENCROACHES INTO THE AIRSPACE OF THE YAWURU LAND,SURELY THE OBVIOUS SOULTION WOULD BE TO REARRANGE TO KEEP IT WITHIN THE OLD ROAD RESERVE.

If you are a business owner, landowner or trader within Chinatown, what do you believe the Master Plan does / doesn’t do to align with your short, medium or long-term needs or vision?: IF THE LOOKOUT WAS TO BE PLACED AT NAPIER TCE IMAGEN THE VIEWS FROM THE BACK OF THE PREMISES IN DAMPIER TCE, IT IS A EMBARRASSMENT TO THE SHIRE & PEOPLE OF BROOME, TAKING TOURIST FRIENDS DOWN TO THE "PEARL LUGGERS"
& SEEN ALL THE RUBBISH THAT IS THERE, NOT TO MENTION THE RUBBISH THAT COMES WITH THE HIGH TIDES.
WHY BUILD STEPS & RAMPS FOR THE LOOKOUT IF BUILT AT NAPIER TCE, WHEN DAMPIER TCE ALREADY HAS THE NATURAL HEIGHT, THE MONEY COULD BE USED TO BENFIT SOMEWHERE ELSE.

 

Noted.

 

 

 

Noted. The design intent of the lookout was to deliver an iconic structure that spans vertical height and allows a view over the mangroves into Roebuck Bay, of a similar  view than that at the top end of Dampier Terrace. However given the potential financial and practical implications of positioning a lookout at the end of Napier Terrace, it is recommended that this concept be removed from the Masterplan.

 

See comment above.

 

 

 

 

 

 

 

 

 

 

 

 

 

Comment noted, see above.

That the submission be noted and the following actions are undertaken:

 

 

The Masterplan is amended to remove the lookout at the end of Napier Terrace.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Consider restricting view lines into neighbouring properties as part of the design of the lookout at Napier Terrace.

24

Helen Simons

26/10/2017

Please tick the most relevant to describe you:: Visitor (tourist) – within WA / interstate / international

 

What do you like about the Master Plan?: Everything so far!

 

What do you think could be improved / is anything missing?: As a regular visitor who uses the Town Bus, I would LOVE some kind of fan, preferably overhead, in the bus shelter outside the Souvenir Shop. It’s the main bus shelter in Dampier Terrace, and you see people hovering inside the arcade - where there’s aircon and bit of a breeze (but you can’t see the bus coming from in there!). Sitting in the shelter is ghastly, a small sauna wherein you get stuck to the seat..... Arghhhhh! I know you don’t want people camping there in comfort...but put a timer on it from 12-5 the hottest time of the day.

Noted.

 

 

 

Noted.

 

 

Noted. This can be considered as part of detailed design.

That the submission be noted and the following actions are undertaken:

 

 

 

 

 

Consider cooling mechanisms (fan or otherwise) as part of the detailed design of the bus shelter on Dampier Terrace.

25

Richard Barlett

26/10/2017

Please tick the most relevant to describe you:: Broome Resident

 

What do you like about the Master Plan?: Trees! Mimusops elengi would be good; a bit slow growing but beautiful and shady when mature. Shade will be the greatest improvement to Chinatown. Areas with street furniture for people to hang out, in shade. Prioritising pedestrians over cars. Focus on and extension of laneways is great. Alfresco dining areas.
I like it!

 

What do you think could be improved / is anything missing?: Boardwalk on Dampier Creek side of Dampier Tce buildings. Outlook to mangroves for pedestrians and alfresco diners would be good (don't forget the Aeroguard).

Encourage use of bicycles by providing lockup structures close to high use areas.

 

Noted.

 

 

Noted. Landscaping/planting/tree selection will be addressed as part of detailed design stage. 

 

 

 

 

 

 

 

Noted. This option was considered as part of the feasibility study, and it is considered better to invest in the existing streets of Chinatown.

 

Consideration of this sits outside the timeframe for the current project but should be considered in the future as part of a combined response to sea-level rise/storm surge inundation and a realignment of Dampier towards the Bay.

That the submission be noted.

26

Avrel Ford

26/10/2017

Please tick the most relevant to describe you:: Broome Resident

 

What do you like about the Master Plan?: It will make the town look nice and clean for a while.

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?: I feel that basically everything that you are doing is superficial, which is fine but basically people just wander, eat, drink and look at the shops

 

 

 

Do you have any suggestion about how business and community activity in Chinatown could be increased?: I have felt for years that Broome needs an Art Centre, not just a Civic Centre, or a Cultural Centre or a Convention Centre, most towns in Australia have a dedicated Art Centre for all of the Visual and Performing Artists both visitors and locals.

The key purpose of having an Art Centre is to develop the creative capacity of the region and focus on supporting the practice of art-making, through delivering a diverse and engaging artistic program that empowers the community and the cultural sector.

Ideally there would be facilities available to hire by individuals and groups for cultural activity.

Noted.

 

 

Noted.

 

 

 

Activation and the way people interact with the space is key, the project is looking to address the physical space through the Masterplan. Other initiatives look to help activate it. Ultimately people using Chinatown will ensure its vitality.

 

 

Agree. Investigation into an arts/civic/cultural/convention centre is a separate project subject to this revitalisation. Although construction is not funded at this point in time.

 

 

 

 

That the submission be noted.

27

Philip Cox

26/10/2017

Please tick the most relevant to describe you:: Broome Resident

 

What do you like about the Master Plan?: Unfortunately it does not achieve anything Chinatown requires for revitalisation

 

What do you think could be improved / is anything missing?: This will not increase visitation, length of time or increase business, its is a paving and shady tree exercise.
Emphasis on connecting the 2 streets, design that will accompany the unique style, architecture, uniqueness that is Chinatown, attract tourists and immediately be recognised as Broome Chinatown, Street of Pearls, in fact on completion photos will not portray a unique tourist destination.

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?: Connection of Dampier and Carnarvon, Street of Pearls, shanty type design complimenting the current architecture, soul, hustle and bustle, markets, unique lighting, music.

 

Are there initiatives which you feel would contribute to the revitalisation of Chinatown?: It must portray an immediate tourism recognition, uniqueness that is only Broome. The current proposal is just a pretty makeover and will not increase visitation, length of stay and lead visitors or locals through the precinct, in fact the opposite only providing little enclaves for loiterers.

 

Do you have any suggestion about how business and community activity in Chinatown could be increased?: Provide a unique Broome instantly recognisable precinct, shanty corrugated features, music, unique lighting increase in footpath alfresco, market stalls, smells, history.

Noted.

 

 

Noted.

 

 

 

It is considered that the Masterplan has a number of elements to improve the public realm which would improve the space and activation of the area.

 

 

 

 

 

 

 

Noted.

 

 

 

 

 

 

 

See comment above.

 

 

 

 

 

 

 

 

 

Noted.

 

 

 

 

 

 

That the submission be noted.

28

INA Mather

27/10/2017

Please tick the most relevant to describe you:: Broome Resident

 

What do you like about the Master Plan?: I like the amount of trees planned for Chinatown and the alfresco dining.

 

What do you think could be improved / is anything missing?: Parking & Parking

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?: Parking is of utmost importance, already in the tourist season it is near impossible to get a parking spot in Chinatown, the post office parking is totally insufficient, this year we lost over 20 bays in the car park behind the post office to make way for the water tanks. I have to go to the post office during working hours on most occasions and parking is always a problem in the season.

 

Are there initiatives which you feel would contribute to the revitalisation of Chinatown?: I think Chinatown should actually have some Chinese decorations, lanterns and banners etc to identify it, I am often asked by tourists in Chinatown - Where is Chinatown and I have to tell them they are in it. There is nothing to define it like in other places around Australia and the world.

I think money should be spent to plant trees but the rest should be put into the proposed Cable Beach Precinct, I think a lot more money would be generated from tourism from that area.

Do you have any suggestion about how business and community activity in Chinatown could be increased?: Chinatown needs to be cleaned up, the amount of street drinking and antisocial behavior detracts from the area, I will not go out in Chinatown at night because of unpleasant experiences in the past. I have lived in Broome for 25 years and I can tolerate a lot but tourists are often scared and will not go into Chinatown.

Noted.

 

 

Noted.

 

 

 

Further detailed investigations have been undertaken with regard to the number of parking bays that will be lost to implement the Masterplan. Based on revised estimates, 32 bays will be removed from Carnarvon Street and Dampier Terrace.

 

The design team has investigated alternative locations in Chinatown where these lost bays could be reinstated, therefore the implementation of the Masterplan will not have an impact on the availability of parking within Chinatown.

 

Parking surveys undertaken show that the parking in Chinatown is not fully utilised. It is recommended that as a part of the detailed design the Parking Layout Plan is reviewed to reassign short-term and long-term parking throughout the precinct to improve the availability of bays to visitors and customers.

 

 

 

 

Noted. Chinatown has a much broader cultural and historical storey to tell than that of its namesake. The masterplan will look to identify the breadth and depth of the area.

 

Money from the Chinatown Revitalisation Project is not transferable to other locations.

 

 

 

 

 

 

Noted. CPTED and CCTV will aim to address some of these issues. Ultimately a lively and active precinct will do the most to curb antisocial behaviour in the area.

 

 

 

That the submission be noted and the following actions are undertaken:

 

 

 

 

 

That the construction of additional parking bays lost through the implementation of the Masterplan be reinstated as a part of the overall Chinatown project.

 

As a part of the detailed design, a revision of the Parking Layout Plan is undertaken which reviews the distribution of timed parking bays in the precinct to allow for long-term parking/employee parking on the fringe areas and short-term parking in the central locations.

 

29

Julia Cox

27/10/2017

Please tick the most relevant to describe you:: Broome Resident

 

What do you like about the Master Plan?: I like the emphasis on creating more shade and places to sit and enjoy the area. The images suggest there will be a bit of a buffer between the footpath and traffic. Right now cars take centre stage in Chinatown and creating more gardens, wider footpaths will definitely make it a nice place to be.

Dampier terrace in particular right now is absolutely desolate so anything will be an improvement. Activating the laneways properly will be important to creating a special feel about the town centre and create more balance between Carnarvon Street and Dampier Terrace. From what I can see in the masterplan I am very supportive - however its the finer details, such as the type of paving used and street furniture etc that will make the difference between Chinatown feeling like an identifiably unique town centre or a bit generic. Choosing timeless designs that have some relevance to 'broomestyle' over the years will be key to getting the right feel.

 

What do you think could be improved / is anything missing?: In my experience, locals in particular are very attached to being able to park close to where they want to shop etc. As much as I like the idea of less cars in chinatown I do think its important to keep parking availability as a priority. With more shade and interesting walkways I would hope people will be tempted to park further away and walk and perhaps visit other shops on the way. If Chinatown gets a reputation of 'I can never get a park!!' it will not be good.

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?: If there are proposals for more residential projects close to or even in the chinatown precinct they should be encouraged. Broome needs more variety in living styles and it would bring in people who will be in chinatown all year round who would support coffee shops, food outlets etc.

 

 

 

Do you have any suggestion about how business and community activity in Chinatown could be increased?: Creating a better regulatory environment for people who want to try new things, put on an event, etc will be the biggest contributor to increasing business activity. This is probably the responsibility of the Shire. If people have a reason to be there they are likely to spend money whilst there too. Wifi in certain areas which is linked to promotions or advertisements in nearby businesses could help. Establishing a few iconic places in Chinatown that are popular places to take photos for instagram etc will also draw people in - maybe getting a variety of high profile social media type people to feature Chinatown on their feeds, blogs etc will raise awareness and create a sense of 'must visit and get a photo' for people who visitors who might be tempted to just stay at their hotels. This normally comes at a cost and I'm not sure what the ongoing funding arrangements for this project are but it is a tactic used by shopping precincts such as Westfield to encourage certain demographics to visit.

Noted.

 

 

Noted.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Noted. The project team in the development of the Masterplan has considered many design responses to improve the pedestrian environment. The need to provide parking must be considered to have a viable town centre. The current Masterplan delivers a balanced view of improving the pedestrian environment without  compromising the viability and usability of the town centre.

 

Local Planning Scheme No 6 and the Chinatown Development Strategy all provide for and encourage residential accommodation in Chinatown. Further the Shire has recently reviewed its parking ratios for residential development in Chinatown to promote development of residential accommodation within the precinct.

 

Noted. The CDIC has been working with traders to trial initiatives to increase patronage to Chinatown.

That the submission be noted.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

30

Alan Gray

27/10/2017

AdPlease tick the most relevant to describe you:: Broome Resident

 

What do you like about the Master Plan?:

What do you think could be improved / is anything missing?: Don't spend money on structures, like those bizarre jagged red 'shade' areas. See my suggestion below please.

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?: Shade, shade, shade.

 

Are there initiatives which you feel would contribute to the revitalisation of Chinatown?: If the whole of Chinatown were planted out with Malay almonds (Terminalia catappa) on every footpath and down the centre strip, then within four years their branch tips would touch, thus shading the entire precinct all year round. The tops can be pruned out each Build Up to keep them compact and no higher than any building. The result would be shady sidewalk cafes and increased trade and community interaction as people spent more time and money in Chinatown instead of running to their cars to escape fierce sun and heat. It would also make Chinatown the most distinctive shopping precinct in northern Australia and cost very little apart from sweeping up leaves and nuts.

Noted.

 

 

Noted.

 

 

 

 

 

Noted. Landscaping/planting/tree selection will be addressed as part of detailed design stage. 

 

 

See comment above.

That the submission be noted.

31

Valnea Lindberg

27/10/2017

Please tick the most relevant to describe you:: Broome Resident

 

What do you like about the Master Plan?: I like the shade ideas.

 

What do you think could be improved / is anything missing?: Water fountains- European style where people can fill up their water bottles
http://www.treehugger.com/clean-water/globaltap-hits-san-francisco-with-free-water-bottle-refill-program.html

 

Are there initiatives which you feel would contribute to the revitalisation of Chinatown?: Section for food vans with shade and seating
Outside amphitheatre for seating and concerts in the round
Trams from town beach to Chinatown
Free city bus open air double decker
Better bike lanes from town beach to China town

Do you have any suggestion about how business and community activity in Chinatown could be increased?: Water taxis - from port to streeters jetty

Noted.

 

 

Noted.

 

 

Noted. Water features have not been recommended given the restrictive guidelines and subsequent extensive cost and maintenance in WA.

 

 

 

Noted. The Masterplan has made provision for the creation of larger public spaces which in the future could facilitate such activities.

 

 

 

 

 

 

This is beyond the scope of the Masterplan and the revitalisation project.

 

That the submission be noted.

32

Gareth Jenkins

29/10/2017

Please tick the most relevant to describe you:: Broome Resident

 

What do you like about the Master Plan?: Aims to provide night time revitalisation and activities. Provision of trees and shade.

 

What do you think could be improved / is anything missing?:

a.    Zebra crossings or specified pedestrian shared zones should be incorporated along Carnarvon street to ensure pedestrians have right of way.

 

b.    Carnarvon Street North is unsafe with vehicle carparking in the centre of the road with no footpath, crossings and at the current alignment angles, particular for uses for children, the elderly etc. This is made worse by removing the parallel bays in front of subway as these are the safest bays for this user group.

Has a road safety audit determined that the central angled parking is the most suitable and safest configuration?

 

c.     Use of permeable paving in roads or paths with Pindan subbase is very risky and I do not recommend this. Spend the money fixing the drainage and get it out of Chinatown as efficiently as possible. Allowing water to seep into the Pindan will cause long term issues with roads, footpaths, buildings, services etc and shows the lack of local knowledge and experience in the consultant team.

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?:

 

d.    Drainage - in particular Short St. The area floods every time it rains and should be upgraded as part of these works (as it was included in the design brief). This is clearly identified in the District Stormwater Management Plan and should be addressed prior to streetscape works.

 

 

 

 

 

 

e.    The engineering plans and studies for the seawall and Grey St extension should be made publicly available, not only as they are funded by rate and tax payers, but also to provide certainty to land owners and developers on the requirements and plans for future development. At the moment the area cannot be redeveloped due to the issues of coastal vulnerability. If the shire is not going to protect the area there is no point spending any money in the area and we should walk away from it. Otherwise if they have a report that indicates when the seawall is required, this should be publicly planned for to ensure all land owners, insurers etc are aware of the proposal. 

 

f.     Alternative car bays should be developed prior to removal of existing bays.

 

 

 

 

 

 

 

g.    Works must be scheduled to avoid impact on businesses during the tourist season. There is plenty of opportunity to undertake these works in the shoulder or summer seasons.

 

 

 

Are there initiatives which you feel would contribute to the revitalisation of Chinatown?: Shire of Broome and Landcorp supporting local businesses so rate payers can continue to live and work in Broome and spend money in Chinatown. Using Perth based consultants for projects ensures it is all spent elsewhere (except maybe Cable Beach Resort when they come to town for the occasional meeting).

 

Do you have any suggestion about how business and community activity in Chinatown could be increased?: Improvements and more contemporary/collaborative Shire of Broome policies with regards to markets, temporary closures, signage, alfresco dining and event policies. The current policies and officer implementation of these prevent most good ideas from coming to a reality.

 

If you are a business owner, landowner or trader within Chinatown, what do you believe the Master Plan does / doesn’t do to align with your short, medium or long-term needs or vision?: Address drainage and coastal vulnerability issues.

 

Noted.

 

 

Noted.

 

 

 

 

a.  Noted. The Masterplan identified pedestrian crossing points on both Carnarvon Street and Dampier Terrace aligned with Laneway entry points. 

 

b.  A road safety audit is being undertaken. Further, the detailed design will ensure that the Australian Standards and relevant guidelines are achieved.

 

 

 

 

 

 

 

 

c.   Noted. The treatment of pavement surfaces will be resolved through the detailed design, however the practicalities around the use of permeable paving in Broome are noted.

 

 

 

 

 

 

 

 

 

d.  Noted. A  hydrological review has been undertaken which shows areas requiring attention at the intersection of Carnarvon and Short Street. A design solution will be confirmed as part of the detailed design.

 

 

 

 

 

 

e.  This is beyond the scope of the Masterplan, however comments are noted and will be pursued with the submitter separately.

 

 

 

 

 

 

 

 

 

 

 

 

 

f.   The design team has investigated alternative locations in Chinatown where these lost bays could be reinstated, therefore the implementation of the Masterplan will not have an impact on the availability of parking within Chinatown. 

 

g.  Noted. While there will be a level of distribution, the implementation of the works package will aim to keep disruptions to a minimum and avoid the busiest periods of the tourist season.

 

 

Noted, however not relevant to the Masterplan. Procurement for the development and design was undertaken via competitive quotation. Contracted consultants were engaged based on merit.

 

 

 

 

Measures to improve events and markets in Chinatown are being investigated as a part of the Masterplan and detailed designs. Further it is recommended that a Place Activation Plan be developed to further investigate this.

 

 

 

 

Noted. The Shire of Broome has a CVS and CHRMP which assesses and forecasts flooding and coastal vulnerability risks and identified mechanisms to give immunity to such processes.

That the submission be noted and the following actions are undertaken:

 

 

 

 

 

 

A broader education strategy/campaign will need to be developed in line with introducing the new pedestrian crossings to ensure pedestrians are prioritised. 

 

A road safety audit is undertaken.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A design solution for drainage is to be confirmed as part of the detailed design. Implementation of the solution to be negotiated.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

That the construction of additional parking bays lost through the implementation of the Masterplan be reinstated as a part of the overall Chinatown project.

 

As a part of the detailed design, a revision of the Parking Layout Plan is undertaken which reviews the distribution of timed parking bays in the precinct to allow for long-term parking/employee parking on the fringe areas and short-term parking in the central locations.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Place Activation Management Plan could consider (collaboratively with the Shire) opportunities for de-regulation of activation.

33

David Galwey

29/10/2017

Please tick the most relevant to describe you:: Broome Resident, Business owner or trader in Chinatown

 

What do you think could be improved / is anything missing?: A vegetation plan would have been appropriate as this appears to be the main source of shade.

Seating/relaxation options - the plan that has been submitted for public comment is very short on detail

 

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?:

 

a. Dampier Terrace - Make this one way, and improve the width of the verge to facilitate activity. The side to widen would be the western side as this would offer some shade from the buildings during the afternoon.

 

 

 

 

 

 

b. I have my doubts about the alfresco area outside the Roey, as I have expressed during meetings, and I do not believe, from my conversations, that the owners and management are in accord with this plan.

 

 

 

 

 

c. This street is responsible for millions of dollars in retail sales during the year and deserves better treatment than this plan. Dampier Terrace has been overlooked from day one of this process, another thing that I have continually pointed out during the process.

Currently in Dampier Terrace most retailers provide seating outside their shop fronts for customers. Trees may provide shade, but nothing is being done about providing seating for shopper in the street

The alfresco areas are away from the retail shops, in effect bookending the street. The area outside the Roey has traditionally been a working bar, and not conducive to attracting tourists who wish to relax.

 

d. The idea of activation has to include making areas where events can be carried out with market stalls etc. without necessitating Shire involvement in street closures etc.

 

 

 

 

e. With the advent of more and larger cruise ships calling in to Broome, and with an increase in usage of Chinatown to take advantage of the revitalisation, there will be a real need for the construction of modern public bathrooms to cater for the increased foot traffic in Chinatown.

Male Oval Bus Stop - The plan does not offer sufficient room for bus movements during cruise ship days. It is highly possible, that with larger cruise ships coming into Broome that we will be seeing some 25 buses operating on passenger pickup and set downs. A minimum of 5-6 bus bays would be required.

The current location is not big enough, and given the number of bus movements during cruise ship days, the close proximity to the roundabout poses considerable risk to traffic movement and safety

A loop should be considered from Napier Terrace into the corner of Male oval, (there is already a plan for additional car parking in this area, which could still be utilised except for cruise ship days) with an exit into Carnavon Street. This would enable a sufficient area for bus movements, and alleviate any traffic and safety issues

With this dedicated area for passenger movements a raised platform could be constructed to make passenger movements easier and safer as has been previously recommended by the Cruise Ship Committee in meetings with the planners, KDC, and Landcorp.

 

Are there initiatives which you feel would contribute to the revitalisation of Chinatown?: Events, the plan should be about activation, events to attract crowds to generate confidence with the retailers to stay open and exploit the potential of the revitalisation. It should be possible to hold events without requiring street closures etc. so that spontaneous events can be held without the necessity of filling out 70 odd forms to get Council approval.

The Council need to buy into the fact that they are part of the solution, reduce the amount of red tape, and get involved as a partner of the retail community to foster the atmosphere to make this become a vibrant hub of activity.

 

Do you have any suggestion about how business and community activity in Chinatown could be increased?: See above

 

If you are a business owner, landowner or trader within Chinatown, what do you believe the Master Plan does / doesn’t do to align with your short, medium or long-term needs or vision?: It does not cater for events - The plan should have taken into account the fact that to attract participation, some organisation is required to provide trigger points to effect buy-in from the public. The cruise ship industry has all but been ignored in terms of what it can bring or does for Chinatown.
No attempt has been made to investigate the incorporation into the plan of permanent outdoor kiosks in Dampier Terrace in particular, (that the Shire could lease), to provide a much needed resource in this street.

Noted.

 

 

 

Noted. The Masterplan is a higher level document to provide a vision of the overall improvements proposed as a part of the revitalisation works.

 

Landscaping/planting/tree selection and furniture will be addressed as part of detailed design stage. 

 

 

 

 

 

 

a.  One-way streets are not recommended as they facilitate constantly flowing traffic cycling through, and can compete with the pedestrian focus that that public realm in Masterplan is aiming for. It can also cause confusion for navigating the town centre, restricting traffic movement to one direction only. 

 

b.  The Masterplan identifies opportunity for alfresco dining in front of the Roebuck Bay Hotel. In finalizing the detailed design this will be further discussed with the owners and if not ideal at this location can be redesigned for an alternative location on Dampier Terrace.

 

c.   The Masterplan does make provision for additional breakout/seating areas on Dampier Terrace. Improvements to seating in Dampier Terrace with will further considered in the detailed design development.

 

 

 

 

 

 

 

 

 

 

 

 

 

d.  Noted. Provision has been made for locations for market stalls without the need for road closures. This detail will be further refined at the detailed design stage.

 

 

e.   Noted. Further consideration has been given to the practicalities for Male Oval being used for Tourist Rest Facilities and coach parking. 

 

The design team has commenced investigations into alternative locations and configurations to accommodate for the growth of the cruise ship market. The Shire has also held discussion with landowner about accommodating for adequate drop-off facilities closer to Streeters Jetty.

 

It is recommended that Cruise Broome are to be further consulted to ensure that requirements are met as more detail becomes available.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Noted. The Masterplan focuses on public realm improvements to deliver on activation. In the detailed design, consideration is being given to facilitating options to hold events and activity spaces to avoid the need to close roads.

 

 

 

 

 

 

 

 

 

 

Noted.

 

 

 

 

Noted, see comments above.

 

 

That the submission be noted and the following actions are undertaken:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Discussion management opportunities and intentions to utilize the Alfresco dining area with Hotel owners prior to detailed design.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Detailed design to consider informal seating and rest spaces.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Consider options for cruise ship bus parking in Chinatown as a part of the detailed design.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Place Activation Management Plan could consider opportunities for de-regulation of activation.

 

 

34

Marisa Ferraz – Sun Pictures

29/10/2017

Please tick the most relevant to describe you:: Broome Resident, Business owner or trader in Chinatown

 

What do you like about the Master Plan?: The master plan has great merit, it embraces the essence of Chinatown.
Hoping the entry statement will also reflect the multiculturalism. Also consideration should be taken into account regarding the lighting through the streets. i.e Chinese/Japanese lanterns would be more applicable.

 

What do you think could be improved / is anything missing?: :Has there been any consideration to Sam Su lane - could the budget be extended to create a bypass road rear of the existing parking behind the visitors centre, it has become quite an issue with service vehicle and residents.

Due to the a ever growing anti social behaviour - have funds been set aside to combat vandalism.

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?: Discussions with Chinatown owners & traders

In regard to "sun plaza" ( love this idea !!!) what impact will the lighting/ performance space have on the nightly trading of the movies ?

 

Are there initiatives which you feel would contribute to the revitalisation of Chinatown?: I would be happy to assist in anyway possible to achieve these goals.

 

Do you have any suggestion about how business and community activity in Chinatown could be increased?: We all need to work in unison to create and maintain the "heart & soul of broome"
more trader/community input is required.

 

If you are a business owner, landowner or trader within Chinatown, what do you believe the Master Plan does / doesn’t do to align with your short, medium or long-term needs or vision?: If we can achieve the goals set out it would put Chinatown back on the map for tourists & locals alike.

 

Noted.

 

 

 

Noted.

 

 

 

 

 

 

 

 

Noted. Sam Su Lane is currently not being considered as a bypass road, but as a potential space to facilitate additional parking in Chinatown.

 

Increases in vehicle movements to reduce the friction of service vehicles in Sam Su Lane could be incorporated in the carparking plans for that area.

 

 

Noted. Any future lighting will be designed to illuminate the street as opposed to adjacent properties. Noise generated in public places is likely to be minimal.

 

 

 

 

Noted.

 

 

 

 

Noted.

 

 

 

 

 

 

Noted.

That the submission be noted and the following actions are undertaken:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Detailed design to consider lighting and potential for light spill.

 

 

 

35

Broome Chamber of Commerce and Industry

 

1.     The Masterplan draws a lovely vision for the affected sections of Carnarvon Street and Dampier Terrace, and has considered shading and street furniture to create comfortable and interesting spaces. 

 

The Masterplan also encourages business opportunities through the provision of alfresco dining and lighting to encourage night time activation.

 

The Chinatown business community has often expressed concern over anti social behaviour, and we are pleased to see the plans adhere to Crime Prevention through Environmental Design (CPTED).

 

2.     While we’re excited about the activation of Laneways, we are keen to understand in much more detail about how the masterplan encourages greater activity in these spaces.   

 

 

3.     Staying true to the unique cultural history of Broome’s pioneering days and Aboriginal heritage, we’re pleased to see that new public art is being considered to complement the re-integration of existing pieces, however we’re keen to understand how this history was considered in the actual major design elements – a design which distinguishes Broome’s Chinatown to any other urban centre in the world?

 

 

 

 

What do you think could be improved / is anything missing?

Timing of construction

 

4.     Construction of the first portions of work expected to commence in 2018. This will be subject to close ongoing engagement with retailers and the wider Broome community.

 

It’s the Chamber’s understanding that construction works are intended to start before March with works to continue right through the high tourist season which would be extremely disruptive and likely to impact businesses. The response from the Revitalisation on this matter to ‘minimise impact’ is not satisfactory.

 

RECOMMENDATION: Shire to conduct another round of consultation with Chamber and Chinatown traders about the critical path of construction works. Emphasise with contractors to keep time schedules, and only undertake minimal impact works over the high season.

 

5.     Parking -  It’s our understanding that 47 parking bays will be lost as part of the new design, and businesses have expressed their concern of a strategy to mitigate the impact of this to trading. In anticipation of the parking shortage, the Roey Hotel will need to fence off their carpark to ensure patrons are still able to access parking. 

 

RECOMMENDATION: Find alternative bays within close proximity to Chinatown to replace the 47 lost bays as part of this project. Consider Paspaley’s vacant block opposite Australia Post, sign posting and promoting where long term parking is available rather than restricted areas. It is also recommended that the role of public transport could play in replacing car traffic and a strategy to promote that.

 

6.     Trucks on Dampier Tce | Gray Street roundabout  Delivery trucks to Coles are 2.4m wide x 4.2m high and must use Dampier Terrace to access the loading bay via Gray Street. 

 

RECOMMENDATION: Consider the size of trucks with regard to the narrowing of Dampier and trees on either side should be considered so they wont be damaged by traffic.

 

Furthermore, it’s noted that the Revitalisation doesn’t venture to the end of the street where the trucks already have a lot of issues getting past the Gray/Carnarvon roundabout into the Coles loading area.

 

RECOMMENDATION:. It’s been suggested that this roundabout be removed to save ongoing damage of this roundabout and better cater for the entering trucks. The traffic that would otherwise conduct a roundabout at the end of Carnarvon would then be encouraged to turn right at Gray and then into Dampier Terrace broadening the flow throughout town.

 

7.     Trees - Deciduous or evergreen?  How mature at planting?  How many years will it take for them to provide shade?  How much money is being spent on trees?  Quick growing, flowering for wildlife, deep rooted?

 

RECOMMENDATION: liaise with a local arborist and bird sanctuary about suitable trees – consider the Gubinge tree as an option.

 

8.     Rats & cats It’s been noted by a Member that the wildlife once prolific in Chinatown has been seriously affected by the proliferation of rats and feral cats. The tata lizard and blue tongues were offered as an example, once a popular attraction to tourists to the area.

 

RECOMMENDATION: Extermination and animal control measures to be implemented on completion of the works and ongoing. Deploy rangers into Chinatown to encourage wildlife.

 

9.     Alternative gathering shade on Male Oval  - The large tree on Male Oval (corner Napier & Carnarvon) is a favourite rest facility for locals and as such there should be alternative options offered to the community to make way for the planned tourist rest facility on Male Oval.

 

RECOMMENDATION: Shaded plant area for people to congregate behind Sam Su Lane on the oval as an alternative with access to fresh drinking water. Make this a cultural place for Aboriginals to feel welcome to enjoy Broome’s public spaces.

 

10.  Drainage and flood protection - Willie Creek’s showroom easily floods during the wet season – the Revitalisation’s plans for Dampier Terrace offers a great opportunity to address the drainage issues in this part of town.

 

RECOMMENDATION: Evaluate current drainage. Consider the use of mulch on the roundabout on Short St which washes into flood drains and blocks them.

 

11.  Public transport - The plans seem to have no consideration for existing public transport, nor increasing public transport? Where are the bus stops and how are they being designed to maximise passenger comfort? Is there a designated PediCab rank? We assume the taxi ranks remain in Short Street (Paspaley Plaza carpark) and Dampier Terrace (Roey Hotel)?

 

RECOMMENDATION: Add measures that cater for existing services, and encourages further public transport growth such as pedicabs or tuk tuks. Evaluate the current taxi locations to ensure they are at the best possible location for local business traders.

 

12.  Cruise Ship & travel coaches - The current plan caters for 3 bus bays in the tourist rest facility on Male Oval which is proposed to be the main drop off point for cruise ship passengers in Broome. At our current volume of shuttle buses that cater for the cruise ships (12 buses for a 2000 pax ship), this is not enough to cater for growth in the sector. It’s also important to note that the cruise ships will be arriving in Broome year-round, as such cyclone proof permanent shade structures are imperative for passenger rest areas.

 

RECOMMENDATION: Re-design the Tourist Rest Facility to cater for a minimum of six (6) coach parking bays, with a raised pavement for safe passenger disembarking. Installation of permanent shade structures ample to seat up to 500 people at any given time, a permanent infrastructure to act as an arrival kiosk or small terminal where the Visitor Centre can facilitate guest information, and space to accommodate permanent market traders and enhance the welcoming experience.

 

 

 

 

 

 

 

 

 

 

 

13.  Provision of markets in town - Encourage the hustle & bustle like that of the Courthouse Markets into Chinatown through the provision of permanent infrastructure which can be leased by local traders. Additionally to accommodate cruise ship days and special events, is there a missed opportunity to facilitate markets in between Male Oval and ‘Sun Square’, or on Dampier Terrace?

 

RECOMMENDATION: Undercover parking bay spanning Dragonfly to Roey – acts as shaded parking during the days with potential to operate as markets on demand.

 

RECOMMENDATION: Revitalisation to host a trader workshop to come to conduct a SWOT analysis of opening the town to market traders, and determine an ongoing consensus for the future.

 

14.  Entry statement - There doesn’t seem to be a location determined for a grand entry statement, or signposting for the commercial boundaries of Chinatown. 

 

RECOMMENDATION: Consider the entry statement location within the Masterplan to ensure it has synergy with the overall planning of design & construction works.

 

15.  Outdoor entertainment - The words ‘buskers’, ‘performers’ or ‘entertainment’ are missing from the Masterplan. What is the vision to accommodate live entertainment in the streets?

 

RECOMMENDATION: Consider a specified shaded area and/or permanent stage infrastructure to encourage live entertainment through busking, and to feed into street events.

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?

WiFi

 

16.  The words ‘WiFi’, ‘Internet’ and ‘digital’ are not included in the Masterplan which raises concerns about considerations of future relevance of these public areas. WiFi is a standard and essential offering to key public spaces and while we assume this is included in the budget, we are keen to understand the exact plans of installation and whose responsibility it will be to maintain the infrastructure and manage the service.

 

Furthermore, the management of the WiFi opens an opportunity for a resource to market Chinatown as a destination in it’s own right – this resource could be used to promote ongoing festivals, events and facilities. (refer James St Brisbane as an example).

 

RECOMMENDATION: Plans for WiFi should be included in the Masterplan. The considerations should be to use this platform to generate an income which employs a Chinatown marketing resource to establish a profitable platform, with money re-deployed into that position to create and coordinate events and marketing activity.

 

RECOMMENDATION: Develop a Chinatown app. (Refer Sorrento in Perth)

 

17.  Outdoor events  - RECOMMENDATION: Consult with major event managers in Broome to ensure all considerations for cost efficiency and effectiveness in facilitating future events is done.

 

 

18.  Ongoing Management and administration of Chinatown as a shopping precinct - While the plans are inviting, the business community doesn’t subscribe to ‘build it and they will come’. To truly revitalise Chinatown there needs to be a coordinated effort to reconnect the entire community with the destination, and encourage its use for daily activity.

 

19.  Local Procurement - All works should be done by local contractors and all purchasing through local suppliers.

 

Are there initiatives which you feel would contribute to the revitalisation of Chinatown?

 

 

20.  Electric Car recharge bays - Future thinking! Electric cars are coming yet there is no infrastructure in Broome to accommodate them. Broome could establish itself as forward thinking should it use the funds within Revitalisation to install recharge bays in Chinatown. It’s been suggested that these could be housed in an Asian themed shelter running along the centre parking strip – also used as sheltered and powered sites for market stalls on a regular occasion.

 

Do you have any suggestion about how business and community activity in Chinatown could be increased?

Chinatown Investment & Development Coordinator

 

21.  The Chinatown Coordinator is a valuable position however on a limited timeframe with limited resource. The framework for this position was poorly considered alongside the implementation poorly timed. The key point for encouraging activation and business investment should have been established toward the delivery of final construction works, where projects could be complementary to the overarching design. Why ask businesses to start investing now when the focus will be on outdoor activation which relies on the spaces and amenities created by the Masterplan? (refer grant funding below)

 

The establishment of music in town through music mornings and late night trading trials will be lost by the time Chinatown is ready to relaunch, with the activation budgets expended too early. Furthermore there seems to be no synergies between this position and the Masterplan where there has not been mention of infrastructure to cater for events and live entertainment, with market stalls only in sun square and on male oval. The excitement and motivation of the local businesses and community should be harnessed and leveraged post-construction with the lead-in period (i.e. now) focused on business development and workshops to broaden the perspectives of existing traders and sell opportunities for future potential businesses. The Revitalisation HQ should have been set up as a retail incubator to bring local artisans and micro businesses who are seeking long term retail opportunities, into a space where they can collaborate and learn in a low risk environment.

 

In essence the Chamber believes that the Chinatown Coordinator should have been created within the initial plans to be a legacy asset to ensure ongoing investment into the town centre which trades off the new opportunities and is complementary to the masterplan.

 

22.  As a standing member of the Chinatown Reference Group, the Chamber also wishes to refer to the CIDC Activity Plan which ‘has been developed to provide a framework for staff operations, workload and implementation of events and activation initiatives throughout the two year tenure of the role. A separate Project Management Plan has also been developed to provide day to day project management planning for this role.’

 

Within the 31-page document, the Activity Plan states many great ideas including preliminary activation initiatives, such as:

•  Infrastructure - privately owned by a trader or owner such as shop signage, bespoke street alfresco area furniture. We are aware of at least one Member who was declined a $500 application for signage in their newly located charity shop – this has returned a poor sentiment to the nature of the funding

•  Temporary installations or start up items for Chinatown owners and traders to administer. We are aware of further member/s who have been discouraged by their plans due to the bureaucracy surrounding footpath trading and provisions for off site food vans as well as frustrations over the broader vision for supporting private investment.

•  Events/festivals – Chinatown events and festivals will aim to tie in with existing and creation of new art, design, cultural, sport, entertainment and hospitality focused events with a broad range of demographics in mind (locals, tourists, cruise ship attendants, families, youth and adult). The Chamber ourselves were disappointed by the lack of support offered toward cruise ship activations including a Dampier Terrace street market, and then red tape hurdles for the Roey carpark market.

•  The activity plan suggests some fantastic event and festival ideas (20 in total) and one year into the position has not seen any initiated.

 

 

•  Business After Hours has been articulated as an opportunity to provide project updates and run an event with the business community – the Chamber would very much welcome this opportunity.

•  Tours – initiatives will garner support to develop content and tour operators in a range of guided and self guided products that showcase the fine grain history, rich culture and food of Chinatown past and present. o Great idea! When / how can we get this to happen?

•  Small scale - Art Start – BizSpace for artists that may include a studio, exhibition and gallery space. Sounds a lot like Broome Makers Gallery which was created by the Chamber as an opportunity to support the revitalisation, and denied Revitalisation support from the Shire CEO.

•  Shire Staff Charrettes – an opportunity to have Q&A and ideas workshops with Shire Staff to assist in the development of individual projects… break down the walls between community and Shire staff and collaborate towards a common goal. Great idea! When / how can we get this to happen?

•  Retail development Space – half way house for small retailers who want to test their retail idea. Once again sounds a lot like Broome Makers gallery and could have been delivered at the HQ

 

IMPORTANT NOTE: The Chamber is in no way critical of the value of work currently undertaken in this role, rather the confinements of the position and its structure.

 

23.  Chinatown grants - The Chamber was disappointed to see that only one business entity was awarded a grant in the initial round from $200,000 made available. As stipulated by the strict guidelines, all applications must be dollar-for-dollar matched, applied for within a short period and expended within the following six months to the end 2017 (Applications were open from 1 May 2017 and close 30 June 2017 for projects occurring between July and December 2017). While there’s reason to believe that the local businesses will be more prepared for next year’s grant round, we wish to articulate the below identified flaws in the process:

•  The grants are restrictive to those who already have money to invest in their business

•  The grants do not take into consideration community initiative to reconnect Chinatown with broader Broome

•  The grant timeline is restrictive

•  The approvals panel is restrictive needing a unanimous decision among the committee

 

RECOMMENDATION: Consider an ongoing community chest fund which can be accessed by anyone currently (or seeking to) do business in Chinatown and flexible on initial capital investment.

 

 

 

 

 

 

24.  Structure of governing body - If the Shire, Landcorp and KDC seek to jointly manage a similar project in the future that they use the blueprint of the Chinatown Revitalisation as a guide as what not to do next time. Clearly the management "structure" has not added value and has been an impediment to more effective project control, engagement, communication, timeliness and outcomes.

 

RECOMMENDATION: Establish for the future, a project management strategy for projects to ensure more effective and transparent project control, reference/stakeholder engagement, appropriate timelines and outcomes coupled with key performance indicators rather than just milestones.

 

25.  Work with the Chamber - The Chamber has not been appropriately engaged by the Revitalisation to assist with the process. Its membership, on a poorly structured and managed reference group, does not represent engagement. Our ability to work alongside the business community is second to none and should be utilised.

 

1.     Noted. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2.     The Masterplan provides high level direction on improvements to the public realm. The detail on the activation of the laneways is established in the Chinatown Laneways Enhancement Strategy.

3.     A key objective for the development of new infrastructure, public realm and revitalisation of Chinatown is around capturing the unique natural and cultural history of the place, which will be expressed through public art and materiality. Ephemeral aspects of reflecting this history may be captured in a future Place Activation Management Plan. 

 

 

 

 

 

4.     The Masterplan provides high level guidance and visioning for the key infrastructure changes proposed as opposed to providing detailed implementation and timing of delivery of works. Further engagement will be held with regard to the critical path of construction works and emphasis will be placed on keeping impacts to a minimum, especially during the peak tourist season.

 

 

 

 

 

 

 

 

 

5.     Parking -  Further detailed investigations have been undertaken with regard to the number of parking bays that will be lost to implement the Masterplan. Based on revised estimates, 32 bays will be removed from Carnarvon Street and Dampier Terrace.

 

The design team has investigated alternative locations in Chinatown where these lost bays could be reinstated, therefore the implementation of the Masterplan will not have an impact on the availability of parking within Chinatown. 

 

6.     Trucks on Dampier – Dampier Terrace is not proposed to be narrowed.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

7.     Trees – Noted. The tree species selected will form part of the detailed design.

 

 

 

 

 

 

 

 

 

8.     Rats and Cats – Noted, however this is beyond the scope of the Masterplan.

 

 

 

 

 

 

 

 

 

 

 

9.     Alternative Gathering Shade on Male Oval – noted. It is recommended that consideration be given to repositioning the tourist rest facility.

 

 

 

 

 

 

 

 

 

10.  Drainage and Flood Protection – measures have been implemented to prevent flooding of the Willie Creek Showroom. During design of the Alfresco of shaded areas, this could be considered to divert stormwater runoff along Dampier away from the shop frontage.

 

 

11.  Public Transport – existing public transport has been retained. The Masterplan will provide for adaptable locations, to accommodated other public transport options such as the pedicabs. As a part of the detailed design it is also recommended that the Parking Layout Plan is reviewed and tuk tuk/pedicab ranks could be allocated in normal car parking bays after business hours. 

 

 

 

 

12.  Cruise ship & travel coaches Noted. Further consideration has been given to the practicalities for Male Oval being used for Tourist Rest Facilities and coach parking. 

 

The design team has commenced investigations into alternative locations and configurations to accommodate for the growth of the cruise ship market. The Shire has also held discussion with landowner about accommodating adequate drop-off facilities closer to Streeters Jetty.

 

It is recommended that Cruise Broome are to be further consulted to ensure that requirements are met as more detail becomes available.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

13.  Provision of markets in town - The design of Carnarvon Street has taken into consideration the ability to host markets (spacing and infrastructure), which will be further built into the detailed design stage. The preference is to have markets within Carnarvon Street to create an active streetscape and support existing traders.

 

 

 

 

 

 

 

 

 

 

 

14.  Entry Statement – A Chinatown Public Art Strategy is being prepared to inform the positioning and location of entry statements.

 

 

 

  

 

15.  Outdoor entertainment -  the Masterplan provides for the creation of a number of adaptable spaces for such activities. This can be further enhanced through the preparation of a Place Activation Management Plan.

 

 

 

 

 

 

 

 

 

16.  WiFi – Noted. WiFi will be included as a part of the works to be undertaken and locations will be settled as a part of the detailed design.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

17.  Outdoor events – agree, more consultation needs to be undertaken with event managers for activation initiatives. This is recommended to form part of the Place Activation Management Plan.

18.  Noted. This is the reason why the revitalisation project included the CIDC position to support such initiatives.

 

 

 

 

 

 

19.  Noted and engagement of local contractors will be undertaken where possible. Procurement will be undertaken via a  competitive quotation and will be engaged on merit of which regional price preference forms part of the consideration.

 

20.  Electric Car Charging Bays – Noted. Provision has not been made for charging stations at this point, however this could be accommodated in the future if the need arises.

 

 

 

 

 

 

 

 

 

 

 

 

 

21.  Streetscapes will be upgraded through capital works projects- any works to the private realm should take place now. 

 

Activities and events- these require time to grow and to be adopted. Any initiatives that kick off now, will have time to grow into the new space.

 

Consideration will be given for post construction activation, through a Place Management Strategy that will be developed by CIDC.

 

Event infrastructure will be built into the public realm and is a key factor for consideration by the design team.

 

HQ has been set up to act as a ‘project front door’, retail incubator, event space, gallery or community space. Uptake as a retail space has been slower than anticipated.

 

The CIDC role is essentially a sub project so was conceived to sit within the same timeframes as the other projects. Consideration for legacy items will be considered through 2018.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

22.  See comments below.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

·      not aware of this application.    

 

 

 

 

 

 

 

·      Not clear what this comment relates to.

 

Any initiative would require Shire Policies and approvals are undertaken. 

 

 

 

·       Cruise ship days are CruiseBroome responsibility, however CIDC would be open to coordinating to create a more collaborative cruise ship day offering.

 

 

 

 

 

 

·      Events in 2017 were rolled into other festivals and other initiatives such as Late Night Trading. 2018 will see more stand-alone Chinatown Events. BCCI and members have opportunity to input into this.

·      Noted, a 2018 BAH will be pursue.

 

 

 

·      As with most initiatives of this nature, this requires tour operators to drive.

 

 

 

 

·      This is outside of the scope of the Masterplan.

 

 

 

 

 

 

·      Consider developing this in 2018.Shire staff are available to meet with applicants both in the office and on site and this has occurred on numerous occasions.

 

·      Noted.

 

 

 

 

 

 

 

 

 

 

 

 

23.  Chinatown grants - Grants will be modified in round two based on feedback given through round 1. However in response:

 

The grants are designed to leverage a small amount of project money with private investment. 

 

Criteria will be reviewed to make grants more accessible.

 

Grants do look at making partnerships with community groups to ‘reconnect Chinatown with broader Broome’.

 

Grant timelines will be similar, requiring projects to be delivered within a set period. 2018 grants will look at extending timescales for projects.

 

The Project Governance for all decisions requires unanimous decision by PCG members. This has not proved to cause an issue in round one and will not change for round 2.

 

The community chest fund is a positive suggestion that will be considered for 2018. As above, grants will be modified in round two based on feedback given through round 1

 

24.  Structure of governing body – This is beyond the scope of the Masterplan. However the governance structure will be reviewed at the conclusion of the project. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

25.  Work with the Chamber – the Chamber was until recently a contracted  consultant involved in the communications of the Chinatown Revitalisation Project and has membership within the Community Stakeholder and Reference Group. Comments are noted.

That the submission be noted and the following actions are undertaken:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Implement the Chinatown Laneways Enhancement Strategy once adopted.

 

 

 

 

 

Develop a Place Activation Management Plan.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

As a part of the procurement of the contractor to undertaken the works, the methodology proposed to avoid disruption to business is a key factor in determining the successful contractor.

 

Prepare a clear Communications and Stakeholder Management Strategy to inform the construction program.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

That the construction of additional parking bays lost through the implementation of the Masterplan be reinstated as a part of the overall Chinatown project.

 

As a part of the detailed design, a revision of the Parking Layout Plan is undertaken which reviews the distribution of timed parking bays in the precinct to allow for long-term parking/employee parking on the fringe areas and short-term parking in the central locations.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Consider options for cruise ship bus parking in Chinatown as a part of the detailed design.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Implement the Chinatown Public Art Strategy once endorsed.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Public Art Masterplan is to be formally endorsed.

 

 

 

 

 

 

 

 

Prepare Place Activation Management Plan

 

 

 

 

 

 

 

 

 

 

 

 

 

 

36

Cruise Broome

12.10.17

We refer to the recently released Chinatown Revitalisation Masterplan with relation to Chinatown remaining the key passenger drop off location for cruise ships.

 

Cruise Broome has consulted with the Revitalisation through meetings with the Shire, TPG and KDC (refer appendix I) to request the below considerations were met in the planning draft:

·      To avoid traffic congestion & ensure safety of coach drivers – a simple pull in/pull out drop off area for up to 6 coaches. This drop off area can also be utilised by other coach companies.

·      Coach rest area/facilities to keep this area free for coaches to drop off passengers and free up town parking and congestion.

·      Raised pavement/landing along drop off area to ensure safety for passengers disembarking coaches - raised pavement/landing will also serve as deterrent for passengers to walk in between coaches and encourage flow of human traffic along footpath.

·      Permanent shade structures required for area to be utilised 12 months of the year.

·      Arrival kiosk/small terminal which can utilised by Visitor Centre and serve as storage for additional seating and/or equipment required for arrivals.

·      Seating and bathroom facilities.

·      Space to allow for welcoming volunteer team and market stalls to enhance passengers welcoming experience.

 

On review of the Masterplan, we feel that some crucial considerations have not been met.

·      Space for 3 coaches is barely sufficient in the current demand, and with future planning in mind we feel it ideal to plan for up to 6 coaches at a minimum.

·      There appears to be no plans for a coach rest area/facilities which was discussed to keep this drop off area free for coaches to drop off passengers and free up town parking and congestion.

·      Whilst not articulated in the new pavement area at the coach bays, we hope that raised pavement will be implemented into the planning.

·      A small terminal will help with facilitating passenger enquiries and allow an efficient flow of movement.

 

The largest ship that Broome currently receives is circa 2,000 passengers (refer appendix II) and we ask the Steering Committee to consider that discussions are already under way for larger vessels with up to 4,000 passengers requiring 24 coaches for transfer (refer appendix III). 

The current space allocated does not allow for growth and would not meet the needs to accommodate these ships to the standard that they are seeking.  With no designated coach rest area or facilities, this space could also be used as parking for the large number of coach and tour operators visiting during the tourist season, presenting further problems of congestion and availability of space for incoming cruise ship passengers.

With this in mind we sincerely hope that you’ll revisit the plans for the Tourist Rest Stop Facilities on Male Oval accordingly.

 

Noted. The current version of the Masterplan incorporated the wishes of Cruise Broome at the time of previous consultation. Recent movement in funding for deepening of the shipping channel has resulted in the potential increase of tourist vessels.

Concerns over the capacity of the area of Male Oval to accommodate potential increase is noted. As a result, ffurther discussions have been held with a landowner to investigate opportunities to accommodate bus-drop off locations on Dampier Terrace.

It is recommended that Cruise Broome is further consulted to ensure that requirements are met as more detail becomes available.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Noted. See comments above.

 

That the submission be noted and the following actions are undertaken:

 

 

 

 

 

 

 

Consider options for cruise ship bus parking in Chinatown as a part of the detailed design.

 

 

37

Paspaley

30/10/2017

EXECUTIVE SUMMARY

Paspaley broadly welcomes the initiative to reinforce and re-establish Chinatown as the commercial centre and CBD for Broome. Detailed below are a wide collection of observations and suggestions in relation to the Broome Chinatown Masterplan Report. Many of the proposed initiatives include good intentions and sound design intent however it is important that any final scheme and its implementation acknowledges and responds to particular local characteristics and social issues that exist in Broome and northern Australia. With cooperation and commitment from Broome Shire, local authorities including police, local business and property owners and the public there is every opportunity that Chinatown can be re-established as the ‘Heart and Soul’ of Broome and region.

 

Paspaley Pearls Group owns significant land in and around Chinatown. Paspaley has a long and prosperous relationship with Broome and is committed to the long term success and development of Broome. We trust that our submission provides valuable feedback for what is hoped to be a solution which reinforces an identity which is unique, desirable and successful for residents and visitors alike.

 

1. Urban & Technical Design Response

 

Carparking Numbers & Sam Su Lane

·  Page 47 refers to an expectation of net 57 car bays lost from within the Chinatown precinct. As a 10 - 15 year plan, the design should improve urban design outcomes (as demonstrated by the new streetscape designs) as well as increase total car bays available. 

·  We identify Sam Su lane as an important priority in stage 1 works, further, this area should be linked to a re-designed area that is by the Male Oval to provide at least 60 bays. 

·  The highlighted area (Fig. 1) can be another opportunity for the existing landowners to provide future retail opportunities in time. The parking and access should accommodate such future expansion.

Fig 1: Shows new retail shop opportunities for future development & intensification of Chinatown.

 

 

 

 

 

 

 

 

II. Destination Playground Review

·  Paspaley agrees this area can announce the arrival / drop-off for a tour bus experience. This does not in our opinion fit with a future use for child entertainment in this area. (The child entertainment area is better placed between Sam Su Lane and the Broome Visitor Centre). 

·  In the area of Fig. 2 (between Sam Su Lane and Carnarvon Street), we think a road extension to link Carnarvon should be made, which may possibly include additional bus parking and associated Community infrastructure (see below for item 2.1).  

 

 

 

·  The use of such buildings should exclude F&B and retail, however could include an area for local businesses to meet and greet tourists undercover. It should be mostly open air and attractive when not in use and also contain a permanent police presence and with internally accessible ablutions facilities.

Fig 2: Suggested extension of road and parking

 

·  The Shire should direct the Consultant team to think more actively about the community role of the Sam Male Oval generally. We acknowledge the important place it has in the City centre and yet it feels like the town in an Urban Design setting has turned its back on it.

III. Landscape Direction & Selections

·  It appears the images are being over ambitious in their landscaping ambitions and or matching with Southern climes rather than tropical ones. 

·  We believe the brief should focus on, at grade landscaping (no raised garden beds – refer item VI below) to provide right water and shading for road in the future. 

·  The goal of the Chinatown investment is to provide an engaging canvas for human activity; however, the design and use cannot be anticipated in a report today. This will evolve moving forward, with property owners working with tenants to promote activity. Therefore in a way, less is more!

·  Thus, our recommendation is to focus money and investment on supply of water, iconic trees, shading trellis and lighting.

·  We suggest Fig. 3 is decidedly the wrong direction. Fig. 4 may be the right direction, so long as the space can remain flexible in its use (supposing also the luscious greenery is maintained by the store holder).

Fig 3: the wrong Direction

Fig 4: perhaps the right direction

 

IV. Lighting Direction, a Literal Interpretation

· The design intent shown in this literal example of 5 rows of fairy lights is a very compelling infrastructure improvement for town, see Fig. 4 (image of Sun Square Night Time Mode from Master Plan)

· This should be considered in an expanded form as an investment for the whole of Carnarvon St, particularly the western side.

· We wish for this lighting to be incorporated at the front of the Carnarvon North intervention. After which, we would then extend such lighting within the Paspaley Plaza shopping area.

· We think a design theme such as this simply executed could be do a number of things: a) encourage greater evening activation of retail activity throughout Chinatown, and b) discourage anti-social behaviour, and c) become a talking point for visitors to our town, and d) mark the new opening of a new bright future for Chinatown.

· Such lighting should be paid for and maintained by the Shire, to ensure a consistent high standard (we would pay for the lighting within our own precinct).

V. Priorities

·  We recommend continuing the ‘light touch’ investment to the full extent of the North Western side of Carnarvon Street (Item 10 page 19). The importance of this investment is to change the atmosphere for visitors and residences and as this is a high use area, it will benefit many in the mood it creates for the whole of Chinatown.

·  We believe Gray St and the activation of the Sam Male land is also an opportunity for medium term revitalisation (Item 11 page 19); we wish to discuss this opportunity more with the Shire directly, see Paspaley land mentioned below. 

·  Noting the Grey St extension has been shelved, we ask that it is acknowledged with endorsement by Shire for the longer-term masterplan of the Chinatown area. Paspaley believe the opening up of land to the NW is currently the only viable way to provide expansion opportunities for Chinatown and must be included if Chinatown is to be the long term CBD for Broome.

VI. Considering Breezes & the Practicality of Garden Planter Boxes

·  Fig 5 (section through Carnarvon Street), refers to the section through Dampier Terrace [Carnarvon Street] and relating to the planter box discussion critique of (III) above, these areas will prevent important breezes that cool an environment. We have practical experience of such heat prevention challenges from our Shopping Centre & Showroom design. 

·  Further, reviewing the design ‘sections’ such as the one illustrated below is needed. We believe the area highlighted in yellow may be sold, leased or licenced to adjoining landowners as an easement or similar type of tenure to encourage new retail offerings and investment. We see coffee / market stalls, limited hour operations that meet with a bare bones built form environment may appear and disappear as the demand of such items appears and disappears.

·  Such investment and small retail opportunities is in keeping with the laneway and Old Broome culture of the town.

 

2. Planning & Supporting Social Investment

I. Infrastructure Addressing Anti-social Behaviour With People As Well As Design.

·  The theory that curated cared for spaces will help alleviate anti-social behaviour is only part of the solution. Programmed community activities such as children’s sporting activities, senior social gatherings and or community use of the spaces needs to utilise such places year around as well. 

· Direct intervention by a dedicated service provider to set standards is also required as an immediate response to anti-social behaviour. The infrastructure for such matters may be included in the plan, or alternatively solved by rental of an existing place. 

·  The model to tackle drunk & disorderly behaviour should be seen as an opportunity for not-for-profit type service providers, the funding for which should be ultimately provided by the Shire. 

 

 

·  Police and local community groups must actively engage in the social management responsibilities and law enforcement.

II. Lifecycle Maintenance - Land Tenure & Ownership of Improvements

·            Our comments about the built space above (Item 1 (III) and 1 (VI)), encourage the Shire and WA government to approach a bare bones implementation. The goal of this design and investment is to put in a common language that is in keeping with the town’s values and will be easily maintained.

 

·           Thereafter, the application for furniture and or life that give character to such places should be encouraged via activation grants that are targeted to landowners. With owner and operator input to such design (subject to established minimum standards), the town can benefit from multiple interpretations suited to the business.

·        Our belief is the stages for such activity should be prepared and offered over time (the next 24 – 36 months) for businesses to grow into them as the Town embraces this concept. 

·        Related to this is a clear demarcation as to who will therefore be responsible for maintaining the standards. If there are places that are not supported by landowners and tenants (such as in the medium strips), then an appropriate budgeting for keeping such infrastructure well kept should be assured by the Shire before the final design and implementation is confirmed.

III. Security Cameras & Recording & WIFI – Free & Fast

·  A similar plan for security cameras to assist the community-policing group and or for landowner’s crime prevention should be included as a priority of this work. 

·  Today’s technology can also readily provide free and fast internet service. In today’s world, the speed of service is directly proportional to a person’s perceptions of professionalism and service of a town. It is in Broome’s long-term interest to provide such service in strategic areas around Chinatown.

IV. Communication Around Right of Way for Inner City Traffic.

·  We agree and endorse the review of ‘streets for everyone’ and ‘streets for safety’. This is a delicate balance however essential requirement within the Chinatown precinct.

V. Zoning of CBD & Chinatown Area

·  The formal planning act is the surest way to confirm the long-term prosperity of the Town’s CBD. We believe the Shire needs to ensure some important community uses (such as banking, fast foods or cinemas) are only permitted in and around the Broome CBD area. 

·  Similarly, emerging ‘anchors’ such as the building of the Broome Cultural & Heritage Museum should be appropriately promoted in and around the Broome Chinatown.

 

VI. Community Engagement, Particularly Kids Sport, Education and Seniors

·  Building opportunities for community engagement; bringing back for example the netball or basketball courts into Chinatown; introducing community gardens or ‘honour’ donations for harvested crops; artists retreat spaces or forums; and club houses for bicycle clubs are all examples of community type activities to support the use of Chinatown. 

·  Such activities driven by locals will engage out of the usual Tourist 9am ~ 5pm window and are therefore extremely useful in feeding Chinatown’s success. Such understanding needs to embraced by the current Councillors as this can provide the life after the stimulus has ended.

3. Paspaley Land & Opportunity

I. Carnarvon Street North Parklet’s Investment Welcomed

·  We note the design & investment in the Parklet’s adjoining the Paspaley Plaza Shopping Centre and welcome its introduction.

We look forward to being involved through the design process of this initiative.

II. Jetty, Streeter & Male Excess Land

·  We observe the proposed investment by Streeters Jetty is minor and consider this may also be due to the Shire’s uncertain tenure over the land.

Paspaley is willing to consider new models of engagement for longer term planning of community infrastructure (for example 10 years + 10 years) to activate the presently undeveloped land.

We are open to recommendations of how to assist.

III. Dampier Terrace North – Staff Parking Opportunity

·  One constraint and opportunity identified to Paspaley through the Chinatown engagement process was staff parking. 

Fig 6: Showing existing parking arrangement by Carnarvon St, which may be an arrangement suited for the north end of Dampier St.

 

We believe one way to address spaces for tourists and visitors is to introduce timed parking in areas around town, noting that some areas will have no time limit. It may be provided as 4 or 5 hrs (very long by any non-workers standards) so as only to encourage workers to park in the right space. This may encourage staff who work in Chinatown to park in fringe areas, thereby freeing up more convenient parking spaces for customers.

 

·  The land by Dampier Tce North and Grey St East may provide space for such parking (as would our undercover roof to the top of Chinatown centre), see Fig. 6 for example design application to increase car numbers. 

 

Paspaley are open to such planning discussions and wish to work with the Shire to promote a successful plan for all parties. 

 

IV. Sight Lines to Carnarvon St North

·  Our final comment is the sight lines through Carnarvon St and Short St roundabout. This issue should be considered for safety of road and pedestrians as well as promoting activity beyond them. 

·  Interventions such as the fairy lights (Fig. 4) are also very important, along the North South road of Carnarvon & Dampier Tce.

V. Streeters Jetty, an Important Historical Place

·  In terms of reinforcing history, the old MOP shed accompanying the Streeter Jetty could reinforce the walk from the Lookout to Streeters Jetty and in hand improve any visitor’s experience and progression around key points within town.

Fig 7: Streeters Jetty an opportunity for a more formal link to the Lookout visit.

4. Conclusion – Major Items

·  The key points for consideration in the continuing design development of this project are listed below. Paspaley welcomes the broader intent of the initiative however maintains that a successful project will be at risk of failure without a complete implementation commitment and ongoing management plan.

I.    Carparking Numbers & Sam Su Lane

II.   Paspaley’s Jetty, Streeter & Male excess land

III. Extension of Grey St

IV. Dampier Terrace North (for extra car bays)

V. Project Ownership and Upkeep Responsibilities

VI. Law and Order to Encourage Safety and Utilisation

We would welcome any opportunity to discuss our submission and look forward to hearing from you

Noted.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Carparking Numbers & Sam Su Lane - Further detailed investigations have been undertaken with regard to the number of parking bays that will be lost to implement the Masterplan. Based on revised estimates, 32 bays will be removed from Carnarvon Street and Dampier Terrace.

 

The design team has investigated alternative locations in Chinatown where these lost bays could be reinstated, therefore the implementation of the Masterplan will not have an impact on the availability of parking within Chinatown.

 

As a part of the detailed design, the Shire’s Parking Layout Plan will be reviewed to reassess the distribution of timed parking bays throughout Chinatown to allow for long-term/employee parking in the fringe areas and short-term parking in the central locations.

 

 

Destination Playground Review –

· the destination playground is a medium term project and therefore unlikely to form part of the current revitalisation project. The current position shown on the Mater Plan is considered adequate. 

 

 

· This option was investigated as a part of the concept plan, however as it would complicate the interaction between pedestrians and vehicles further it has not been incorporated into the Masterplan. Also given the interaction with established infrastructure, it is unlikely to be possible to deliver within the scope of the budget.

 

· Noted.  

 

 

 

 

 

 

 

 

· The Masterplan seeks to improve the amenities in this location.

 

 

 

 

 

Landscape Direction & Selections

· Landscaping/planting/tree selection will be addressed as part of detailed design stage.

 

· Noted. 

 

 

 

· Noted. 

 

 

 

 

 

 

· Noted. 

 

 

· Noted.  This and other design related comments will be considered in the preparation of detailed designs

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Lighting Direction, a Literal Interpretation

· Noted.  

 

 

· Noted.

 

 

· Noted. A lighting design is being prepared as a part of the detailed design. 

 

 

· Noted. 

 

 

 

 

 

 

 

· Noted.

 

 

 

 

Priorities

· The prioritisation of the projects has been selected based on budgetary considerations and with the aim of delivering the most positive activation/revitalisation outcomes.

 

 

· See comment above. 

 

 

 

 

 

· While the Grey Street extension does not form part of the current revitalisation works, it does form part of the Chinatown Development Strategy and if other funding opportunities were made available this can be further investigated.

 

Considering Breezes & the Practicality of Garden Planter Boxes

· Noted, the movement of breezes will be factored into the detailed designs. 

 

 

 

 

 

· Noted, these areas will be further refined in the detailed design.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

· Noted. 

 

 

 

Planning & Supporting Social Investment

· Noted. To deliver on the revitalisation objectives it is recommended that a Place Activation Management Plan is prepared. 

 

 

 

· Noted.

 

 

 

 

 

 

· Antisocial behaviour is a complex to address, however CPTED principles have been incorporated into the Masterplan. While the Shire is a key stakeholder, the Shire does not have the capacity to  tackle drunk and disorderly behaviour in isolation. 

· Noted. 

 

 

 

Lifecycle Maintenance - Land Tenure & Ownership of Improvements

· Noted. The themes of improvements will be further refined through the detailed design and maintenance will be a key consideration.

 

 

 

· Noted.

 

 

 

 

 

 

 

· Noted. It is recommended that a Place Activation Plan is developed to address implementation of place making initiatives.

 

· Noted.

 

 

 

 

 

 

 

 

Security Cameras & Recording & WIFI – Free & Fast

 

· CCTV has already been implemented in Chinatown and will be maintained as a part of future works. 

 

· Noted. WiFi will be made available as a part of the revitalisation works. 

 

 

 

 

Communication Around Right of Way for Inner City Traffic.

· Noted.

 

 

 

Zoning of CBD & Chinatown Area

· This is beyond the scope of the Masterplan

 

 

 

 

 

· Noted.

 

 

 

 

Community Engagement, Particularly Kids Sport, Education and Seniors

· Noted. It is recommended that an Activation Plan be prepared to encourage/facilitate such initiatives. 

 

 

 

 

 

· See above comment. 

 

 

 

 

 

 

 

Paspaley Land & Opportunity

 

· Noted. 

 

 

 

 

 

 

 

· Noted. The opportunities to discuss land tenure and activation of this important area in Chinatown are welcomed and discussion are underway with the owner. 

 

 

 

 

 

 

 

 

Dampier Terrace North – Staff Parking Opportunity

· Noted. As a part of the detailed design, the Shire’s Parking Layout Plan will be reviewed to reassess the distribution of timed parking bays throughout Chinatown to allow for long-term/employee parking in the fringe areas and short-term parking in the central locations. 

 

 

 

 

 

 

 

 

· The Shire’s existing Carparking Layout Plan provides for construction of parking bays in this location.  This has not been constructed at this point.

 

 

 

 

 

Sight Lines to Carnarvon St North

· Noted. 

 

 

 

 

· Noted.

 

 

 

 

· Noted. 

 

 

 

 

 

 

 

 

Conclusion – Major Items

· Noted.

 

 

 

 

That the submission be noted and the following actions are undertaken:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

That the construction of additional parking bays lost through the implementation of the Masterplan be reinstated as a part of the overall Chinatown project.

 

As a part of the detailed design, a revision of the Parking Layout Plan is undertaken which reviews the distribution of timed parking bays in the precinct to allow for long-term parking/employee parking on the fringe areas and short-term parking in the central locations.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Detailed design to consider  landscaping treatments.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Detailed design lighting design to be prepared.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Develop a Place Activation Management Plan.

 

 

 

 

 

38

Sean Salmon

30/10/2017

Please tick the most relevant to describe you:: Broome Resident

 

What do you like about the Master Plan?: Shade trees. Improved public spaces in Carnarvon Street.

 

What do you think could be improved / is anything missing?:

 

a.   Carnarvon Street from Napier Terrace through to Short Street a 'one way'. This will provide more space for parking and shaded public spaces and will improve traffic flow around Chinatown whilst reducing traffic in this space.

 

 

 

 

b.   Remove the 'al fresco' area in front of the Roey front bar. This will ruin the view of the façade of the building and would not be in keeping with the heritage aspects of the building. The front verandah of the Roey is enjoyed by many and the alfresco area will impact this experience. Tourists often take photos of the front of the Roey, the verandah and front façade from out in the street. Under the masterplan their will be plenty of alfresco areas for people to sip their soy latte coffee etc. Leave the front of the Roey for the beer drinkers who like it how it is!

 

c.   There is a total lack of detail on the 'medium term' projects. As such it would not be acceptable if there is not another opportunity to make public submissions on these aspects when/If there is sufficient detail.

 

d.   Page 7 has a 'Frederick Street Lookout'. Page 12 has the 'lookout and locals loungy spot' in a different location at the end of Napier Terrace and a 'local shade and rest spot' at Frederick Street. Then page 18 has a 'lookout subject to further investigation' at the end of Napier Terrace. This is all a bit confusing, and I have concerns about all these proposals, but what is the proposal, and how can we comment if there is no detail and confusion?  In the update to the Shire in August 2017 there is $900,000 allocated for this, of which the Shire is providing $600,000. Why is such a large proportion of the total Shire funds being allocated to this proposal?

This area of foreshore is best left without any built structure to preserve it's amenity and as an example of the foreshore in it's historical context. There are other areas of Broome which already provide much better vista over the bay, why do we need another one, and why do we need another built structure on our foreshore?

 

e.   It would be preferable to allocate these funds to a large shaded structure at Streeters Jetty, where tourists already congregate, with an information centre focusing on the towns historic pearling industry and interpretation of the workings of the jetty. None of the proposals suggested in the revitalisation pay homage to the origins of Chinatown or to the pearling industry which founded it.

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?: Heritage.

 

 

 

 

Are there initiatives which you feel would contribute to the revitalisation of Chinatown?: See above about no lookout and improving tourist experience at Streeters Jetty.

 

Do you have any suggestion about how business and community activity in Chinatown could be increased?: Unfortunately it is nearly 4.00pm and I have run out of time!

 

Noted.

 

 

Noted.

 

 

 

 

 

 

a.  One-way streets are not recommended as they facilitate constantly flowing traffic cycling through, and can compete with the pedestrian focus that that public realm in Masterplan is aiming for. It can also cause confusion for navigating the town center, restricting traffic movement to one direction only. 

b.  Masterplan identifies opportunity for alfresco dining in front of the Roebuck Bay Hotel. In finalizing the detailed design this will be further discussed with the owners and if not ideal at this location can be redesigned for an alternative location on Dampier Terrace.

 

 

 

 

 

c.   Noted. The medium term projects are likely to be beyond the scope of projects delivered as a part of the revitalization project.  

 

 

d.  Noted. The design intent of the lookout was to deliver an iconic structure that spans vertical height and allows a view over the mangroves into Roebuck Bay, of a similar  view than that at the top end of Dampier Terrace. However given the potential financial and practical implications of positioning a lookout at the end of Napier Terrace, it is recommended that this concept be removed from the Masterplan.

 

 

 

 

 

 

 

 

 

 

 

e.   The Project Team will be undergoing further discussions with the landowner of the lot in front of Streeters Jetty to understand their appetite for delivering interim and long-term activation in this space.

 

 

Noted. The heritage significance of the place is understood and this is proposed to be enhanced and promoted as a part of the revitalisation works.

 

 

 

See above comments.

 

 

 

 

Noted.

 

That the submission be noted and the following actions are undertaken:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Discuss management opportunities and intentions to utilize the Alfresco dining area with Hotel owners prior to detailed design.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Masterplan is amended to remove the lookout at the end of Napier Terrace.

 

 

39

Peter H Hansen

30/10/2017

Please tick the most relevant to describe you:: Business owner or trader in Chinatown

 

What do you like about the Master Plan?: The concept of continuous shade along the full length of both Carnarvon street and Dampier Terrace is a MUST.

In the Broome climate the canopy shade is critical all year round.

 

What do you think could be improved / is anything missing?: More focus needs to be made of the canopy shade along both sides of the street and the middle. This shade can be in the form of natural vegetation and artificial structures.

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?: Artificial shade should be installed upfront while the canopy trees grow to produce shade in the next 5 to 10 years

 

 

Are there initiatives which you feel would contribute to the revitalisation of Chinatown?: The story of the area needs to be delivered more boldly audio and video material ability for business operators to reflect the history in their building

 

Do you have any suggestion about how business and community activity in Chinatown could be increased?: This happens by having a diversity of businesses operating in the area to reintroduce the old style main street shopping concept and have differing businesses that operate at different times of the day and night to keep the place busy with people

 

If you are a business owner, landowner or trader within Chinatown, what do you believe the Master Plan does / doesn’t do to align with your short, medium or long-term needs or vision?: I believe any work to enhance the amenity is beneficial. The key for me is really good shade area along the whole length of Carnarvon street and expanded range of shops that have a local as well as tourist flavour, because we need the area to be busy all year round not just the key tourist season

Noted.

 

 

Noted. Landscaping/planting/tree selection will be addressed as part of detailed design stage. 

 

 

 

 

 

Noted, see comments above.

 

 

 

 

 

 

It is considered that the Masterplan makes adequate provision for shade. It is noted that the full shade will not be realised until the trees are established, the installation of interim artificial shade is not considered economical.

 

Noted. A Chinatown Public Art Strategy is being developed to capture these stories and public art opportunities.

 

 

 

Noted.

 

 

 

 

 

 

 

 

 

Noted.

 

 

That the submission be noted.

40

Lesley Morris

30/10/2017

a.     I am a Broome Resident. I have worked for a number of businesses in Chinatown and have been involved in a number of Chinatown Workshops over the years and it is great to see that something may finally come of this one after so many in the past.

b.     My first comment is that if this is a Chinatown Master Plan then it should encompass all of Chinatown. I realise that the main focus at the moment is the CBD part but it does say Chinatown Master Plan so it should be all inclusive all the way through. The most conspicuous omission in much of the Master Plan draft is Frederick Street. The Shire of Broome spent a substantial amount of money and had a lot of publicity on the Frederick Street, Dampier Terrace connection, which included a future lookout. The connection provided another entrance to Chinatown. Apart from appearing in the first few plans in the Master Plan it seems to have been forgotten. I realise that the Plan needs to be done in stages but that does not mean that part of Chinatown is left off overall maps. It was overwhelmingly noted at a workshop some years ago prior to Frederick Street being reconnected, that the reconnection of Frederick Street to Dampier Terrace with its natural elevation made for an extremely scenic entrance to Chinatown. It was also noted that it would help to alleviate the pressure on the other 2 main entrances during peak season.

c.     LOOKOUT - The lookout proposed by the Shire with the reconnection was a great idea. The height, view and position was a naturally suitable site. The Master Plan now has a new proposed site being at the Dampier/Napier Terrace junction. I strongly object to this proposed new site. After speaking with business people and people on the Project's Advisory Group, the main push for the move seems to have come from the Planners/Consultants, not the Broome people.

1.   The proposed site is some 5 metres lower than the original site.

2.   I realise there is a deadline for decisions to be made and action to be taken, but to take an "easy" option just to hit a deadline is not a responsible decision.

3.   The proposed site looks over the rear of business premises fronting Dampier Terrace. These areas are hidden from the public view on Dampier Terrace, which are the visible shop fronts, but would not be hidden from a lookout at Dampier/Napier Terrace.

4.   A large amount of rubbish washes up with every tide which is extremely visible along those back boundaries.

5.   A lookout it just that, a lookout, so why wouldn't you put it at the highest vantage point.

Page 5 of the Master Plan refers to decreasing the number of parking bays in Chinatown for parklets. One reason given for moving the lookout was the distance it was from the CSD. If parking bays are decreased in Chinatown then more use will be made of parking bays further up Dampier Terrace, which means people would be closer to the lookout site where it was originally planned for. After speaking with a representative on the Revitalisation Advisory Group, it appears that this had not been considered. It is only common sense that if parking in the Chinatown CSD is reduced, then people will be making far more use of the Frederick Street end of Dampier Terrace, which means distance will not be an issue if the lookout is constructed at its original site.

 

On Page 6 of the Master Plan reference is made to "best value for money for the precinct". This does not always mean best outcome. With respect to the lookout it should be best position/vantage point. I would think that people looking for a lookout would look for a high point, especially when it comes to views over the mangroves and bay. For the following reasons, I believe Frederick Street is the most advantageous point as:

-       suggested point at Napier Tce is some 5 metres lower than Frederick Street the gradient from CSD used as excuse. With more people parking at the Frederick Street end, walk and gradient not an issue.

-       Why construct steps and ramps to try and compensate when Frederick already has the height. Having to build steps, ramps and elevate a lookout at Napier Terrace may not work out as best value for money in the end.

-       Shop owners backing onto the mangroves in Dampier Terrace cannot be expected to improve the rear of their premises so as to be lookout friendly. Some form of screening would be required but at whose expense?

-       On the high tides, rubbish from within the mangroves washes up to the back of the premises in Dampier Terrace - will this be another ongoing expense by having to put in place measures to control the rubbish for the "ambience" of a lookout at Napier.

-       There does not seem to have been any consideration given to the angle that not everyone who comes to shop wants to sightsee and not everyone who comes to sightsee wants to shop. Visitors who come to shop may likely walk up to the lookout. People who just come to sightsee may go to the lookout (if at Frederick). They would get a good view down over Chinatown and may be encouraged to go down into the CSD for lunch, coffee so a lookout slightly away from the CSD may encourage more people to the CSD.

-       There would be less parking issues for a lookout at Frederick than at Napier due to Napier being next to the CSD. To leave the lookout at the Frederick Street end could work very well at encouraging people into Chinatown which is what the Master Plan is about.

-       Frederick Street is an easy drop off point for people travelling by bus. Once they have finished at the lookout then it is a nice downhill walk into Chinatown.

-       An elevated view looking down over Chinatown would be interesting and a great way of helping with directions and identifying landmarks.

On Page 9 of the Master Plan, reference is made to "better use of community space and streets". Once again, parking bays being reduced for more greening, shade and parklets will result in more use of parking bays up to Frederick Street hence people will be parking closer to a Frederick Street Lookout. From a lookout at Frederick Street, it is an easy downhill walk to vehicle/Chinatown.

 

Page 9 also mentions that the project "requires a collaborative effort". Collaborate is inclusive so Frederick Street must be included. Pages 18 and 19 is supposedly an overall vision with proposed priorities. Frederick Street does not rate a mention on these pages. As previously referred to, the Shire spent substantial monies connecting Frederick to Dampier. There are 2 access points to Chinatown from Frederick Street – 1 turning from Frederick on to Carnarvon and the second Frederick on to Dampier. This has been glossed over and completely left off the {(Overall Vision" and yet the other end of Dampier Terrace and Gray Street are shown.

 

Page 20 & 21 shows the priorities plan and project phasing over time. This should show all of Chinatown. Once again Frederick Street not shown or referred to - Gary Street is.

 

At one of the public information sessions I queried why the proposed lookout had been moved. At no stage was Yawuru mentioned but after speaking with other people with concerns about the moving of the lookout, they had been told by different officers that there were Yawuru considerations with respect to the Frederick Street site.

 

I raised this again at one of your information displays and was shown a map where under an ILUA (Indigenous Land Use Agreement) done some years ago, 3 blocks on the bay side of Dampier Terrace were transferred to Yawuru. The original lookout was not on Yawuru land, but the platform encroached into the airspace above them therefore, as is usual with any development, a licence would be required for the area that the overhang encroaches over. They mentioned that to negotiate this it could take another 6 months. My thought on this is that according to the Master Plan, there is no rush for the lookout. The MasterPlan has the' lookout as a low priority (I think phase 3). I am sure that putting the lookout at Napier is just a way of choosing the quick, easiest option - not the best option.

 

d. Aside from the lookout issue, there are some iconic, highly photographed buildings in Chinatown ie. Sun Pictures, the Dampier Terrace side of Roebuck Hotel. Any structures and trees need to be placed in such positions that do not obstruct these buildings.

 

There is so much history in Chinatown but a lot of that history is no longer visible. There are many original buildings and sites that have been developed and a new building constructed. It would be fantastic if people could get an idea of what used to be on different sites ie. Woody's Arcade used to be a service station/bookshop so if there was a small plaque with a photo of Woody's Service Station and a small description, people could wander around finding out the history. This would not only provide an interesting trail, but would also attract people to Chinatown and encourage them to stay in Chinatown longer.

 

e.   Lastly, since drawing up the Master Plan I have heard that larger cruise ships may now be coming to Broome. At one of the information sessions I attended, comment was made that the Master Plan only accommodates 3 buses at the proposed bus drop off point proposed for Male Oval. There is an entrance point onto Male Oval from opposite Chicken Treat. Is it possible that a bus lane could be put across from there to come out on Carnarvon Street (for want of a better description it would be like a semi circular drive cutting the corner). The buffer between the bus lane and the road could be screened with trees/bushes and the proposed disembarkation would be in to the proposed shelter area. This would be a safe drop off point as visitors would disembark on the park side of Carnarvon Street and be able to access the footpath without crossing in front of the buses.

·  Thank you for providing the opportunity to comment and I hope you will take my comments into consideration, especially with respect to the lookout.

a.     Noted. 

 

 

 

 

 

b.     Frederick Street does form part of the Masterplan project area. As recent capital works and improvements have been implemented in this area, it did not need to be reviewed in detail.   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

c.      LOOKOUT - Points raised in relation to the lookout are noted and agreed.

 

         The design intent of the lookout on Napier Terrace was to deliver an iconic structure that spans vertical height and allows a view over the mangroves into Roebuck Bay, of a similar  view than that at the top end of Dampier Terrace. However given the potential financial and practical implications of positioning a lookout at the end of Napier Terrace, it is recommended that this concept be removed from the Masterplan.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

d.  Noted, this will be considered in the detailed design. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

e.  Noted.  The design team is refining the bus parking options to ensure that enough parking for buses is provided for in Chinatown.

 

 

That the submission be noted and the following actions are undertaken:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Masterplan is amended to remove the lookout at the end of Napier Terrace.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Consider options for cruise ship bus parking in Chinatown as a part of the detailed design.

 

 

41

Kim Male

27.10.17

1.     Thank you for the opportunity to comment. Revitalisation of Chinatown must be practical. Parking on north Carnarvon St particularly should not disappear and affect the Post Office - the biggest single draw into Chinatown for permanents and tourists which is a blessing to Chinatown.

 

 

 

 

 

 

 

 

 

2.     Streetscaping of Dampier Tce between Napier Tce and Short St should not preclude prime movers with trailers from delivery – the supply route to Coles – the single most important anchor tenant in the precinct.

 

3.     Parking should not be reduced, which in turn will reduce car visit numbers. Such reductions will affect trade turnovers. Examples of this in Perth western suburbs are Bay View Tce in Claremont and Napoleon St in Cottesloe. Understandably this has not occurred in Hay St west nor Rockerby Rd Subiaco.

 

In Darwin the creation of a mall in Smith St saw two banks and several commercial premises close and move out. The iconic Vic Hotel in Smith St closed.

 

4.     Streeter and Male paid for 23 parking bays offsite to their hardware store extension planning approval two years ago and they have not been delivered. Perhaps these could be developed on the Gray St verges and later Chapple St. 

 

 

 

 

 

 

 

 

 

 

5.     Grey St should be extended out westward to join the Broome Rd causeway to enclose land for further and replacement parking and to create lots for release to help funding the further development of Chinatown. 

 

 

6.     In Queensland, South Port was mucked around like the Chinatown proposal and things commercially moved to Surfers Paradise. South Port has been 50 years recovering.

7.     Will street furniture in front of the Roebuck Bay Hotel in Dampier Tce and north Carnarvon St attract street drinking? Street drinking won’t attract tourists. Who will provide the security in such areas and who will clean and maintain them?

8.     I hope these proposals will not affect Toomebridge Pty Ltd’s tenant – the ANZ bank. We do hope parking will continue for tenant’s clientele in the “Ahoy” building – hairdresser/masseur etc. “Ahoy” are advertising to leave.

9.     A consultant of yours at a briefing session suggested that perhaps when the building on Lot 1Short St changed hands perhaps the onsite parking could revert to public use to a laneway to be created on PRD’s driveway/parking. If the parking was not available onsite Lot 1 –there would not be today’s tenants.

10.  Street markets etc in Chinatown and late night trading are not possible in Short St for lack of street lighting – If it wasn’t for Toomebridge Pty Ltd’s and Streeter and Male Pty Ltd’s security lighting the street would be a bigger security risk than it is now.

11.  I am associated with considerable rated land in Chinatown, yet your consultants inform me they have had held consultations out at the Boulevard but have never sought to inform myself for comment.

 

 

 

12.  Tenants’ at the Boulevard must be elated with these proposals. Were they asked would they favour a reduction in parking out there? 

 

13.  Most permanent people shop in cars. These are the “bread & butter” clientele. Tourists who drive into town use their cars. Visitors that can afford to fly into town- because Broome is spread out, in the main rent cars. Some people come homeless and walk into Chinatown with limited focus on spending.

14.  Please provide structures sympathetic to Chinatown – such as at the eastern end of Johnny Chi Lane on Dampier Tce. Perhaps Lloyd Pickwell  could help you. Consider reinstating the main street names in Chinese/Japanese/Malay. Recover the phone booths in something more in cultural keeping. Incorporate some name plates on the footpaths recording history of the area.

 

Please think these matters through – don’t leave it to the consultants alone that provided the last shade / sunbaking structures on Carnarvon St. We in Chinatown deserve better planning than this and should have been better consulted. I do hope that this is no fait accompli.

 

1.   Noted.  Further detailed investigations have been undertaken with regard to the number of parking bays that will be lost to implement the Masterplan. Based on revised estimates, 32 bays will be removed from Carnarvon Street and Dampier Terrace.

 

The design team has investigated alternative locations in Chinatown where these lost bays could be reinstated, therefore the implementation of the Masterplan will not have a net impact on the availability of parking within Chinatown.

 

2.   Noted. Continued access for delivery vehicles will be accommodated in the detailed design. 

 

 

 

3.   Noted, see comments under point 1 above. 

 

 

 

 

 

 

 

 

 

 

 

 

4.   Noted. This development made a cash-in-lieu contribution for the provision of 10 parking bays and these funds are held in reserve by the Shire. The Parking Layout Plan already provides for the construction of additional parking bays in the Gray Street road verge. At this point the Shire has not undertaken the works.

 

 

 

 

 

 

5.   Noted. The investigation of the Grey Street extension was undertaken as a part of the revitalisation project, however given costs, it will not be delivered as part of the Chinatown revitalisation project. 

 

6.   Noted.

 

 

 

 

7.   The improvements to be implemented will be designed consistent with CPTED principles to avoid the potential for anti-social behaviour.

 

8.   The Masterplan will result in changes to some of the public parking bays, it will not alter any private parking. 

 

 

9.   This relates to the Chinatown Laneway Revitalisation Strategy, this concept is recommended to be removed. 

 

 

 

 

10. Noted. 

 

 

 

 

 

 

11. Early engagement was undertaken with landowners. Landowners were invited to attend workshops and opportunities for one-on-one sessions were also provided to owners who could not attend. 

 

12. As set out in the comments above, implementation of the Masterplan will have a nil impact upon parking as additional locations have been identified.

13. Noted, see comments above. 

 

 

 

 

 

 

 

14. Noted. These elements will be considered as a part of the detailed design.

That the submission be noted and the following actions are undertaken:

 

That the construction of additional parking bays lost through the implementation of the Masterplan be reinstated as a part of the overall Chinatown project.

 

As a part of the detailed design, a revision of the Parking Layout Plan is undertaken which reviews the distribution of timed parking bays in the precinct to allow for long-term parking/employee parking on the fringe areas and short-term parking in the central locations.

 

 

42

NA

30.1.17

Please tick the most relevant to describe you: Business Owner or Trader in Chinatown

 

What do you like about the Master Plan?:

It looks interesting, but I see nothing about large entry arches to sign up that you are entering Chinatown, formerly Jap Town, at Short Street and Napier Terrace

 

What do you think could be improved / is anything missing?:

No detail about lighting

Should be WiFi

Car bays – to have 47 lost car bays would be a disaster

Noted.

 

 

Noted. A Public Art Strategy is being developed for Chinatown which will considered possible entry features.

 

 

 

Lighting is being addressed in the detailed design. WiFi is being accommodated. Further detailed investigations have been undertaken with regard to the number of parking bays that will be lost to implement the Masterplan. Based on revised estimates, 32 bays will be removed from Carnarvon Street and Dampier Terrace.

 

The design team has investigated alternative locations in Chinatown where these lost bays could be reinstated, therefore the implementation of the Masterplan will not have a net impact on the availability of parking within Chinatown.

 

That the submission be noted and the following actions are undertaken:

 

Implement the Chinatown Public Art Strategy once endorsed.

 

 

 

 

That the construction of additional parking bays lost through the implementation of the Masterplan be reinstated as a part of the overall Chinatown project.

 

As a part of the detailed design, a revision of the Parking Layout Plan is undertaken which reviews the distribution of timed parking bays in the precinct to allow for long-term parking/employee parking on the fringe areas and short-term parking in the central locations.

 

 

 

43

N/A

22/10/2017

Please tick the most relevant to describe you: Property Owner

 

What do you like about the Master Plan?:

Like the idea of tourist rest stop facilitation – particularly the long term outlook with perhaps more trees/shade and small park area. I believe any town centre needs a focused rest/relevant area. Obviously need to be carefully monitored for anti-social behaviour.

 

What do you think could be improved / is anything missing?:

Further focus on Streeter’s Jetty area and pearling history. Get tourists down there, walking on the jetty and getting an informed view of how the Pearling Industry developed into what it is today. Perhaps some cues to go and visit the local museum which a lot of tourists miss because its ‘out of town’……….for the “Luggers”

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?:

Better lighting and security

Plant/tree variety

 

Are there initiatives which you feel would contribute to the revitalisation of Chinatown?:

Refer to Question 2

 

Do you have any suggestion about how business and community activity in Chinatown could be increased?:

If lighting and security was improved perhaps some of the Cafes would stay open a little later in the evening.

And obviously – if you can get more people to visit Broome – activity will pick up. So cheaper flights, cheaper accommodation and more activation around town.

 

If you are a business owner, landowner or trader within Chinatown, what do you believe the Master Plan does / doesn’t do to align with your short, medium or long-term needs or vision?:

Will make my property more presentable although Woodies is on the periphery of the current Scope of work. Ultimately I believe there should be a walkway from Streeter’s to Town Beach with maybe a café and a few stalls along the way/

Noted.

 

 

Noted. 

 

 

 

 

 

 

 

Noted.  The Shire is currently in discussion with the owners of the land in front of Street Jetty.

 

 

 

 

 

 

 

 

Noted. Lighting and tree selection forms part of the detailed design.

 

 

 

 

Noted.

 

 

 

 

Noted.

 

 

 

 

 

 

 

 

 

 

Noted.

 

That the submission be noted.

 

44

N/A

12/10/2017

What do you like about the Master Plan?:

I like how your putting more trees because then there will be more shade so people can walk around more. I also like how your making the roads smaller because I think it might make it easier for people to park.

 

What do you think could be improved / is anything missing?:

I think the roundabouts could be improved so it will make driving a lot easier.

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?:

I think having the trees are good but you could put more seats down so then people could have places to sit if they need.

 

Do you have any suggestion about how business and community activity in Chinatown could be increased?:

Having more places to sit and have shade, but at night you might need to have more lights so it’s more safe.

 

Noted.

 

 

 

 

 

 

It is not proposed to alter the roundabout as a part of the revitalisation.

 

 

Noted. Seating areas will be provided within the street and this forms part of the detailed design.

 

 

 

 

Noted, see comments above.

 

 

That the submission be noted and the following actions are undertaken:

 

45

N/A

12/10/2017

Please tick the most relevant to describe you: Broome Resident

 

What do you like about the Master Plan?:

I think that the master plan looks great, it will definitely make Broome a better place.

 

What do you think could be improved / is anything missing?:

Nah the plan is great.

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?:

Because the masterplan will make Broome more popular maybe more car parks.

 

Noted.

 

 

Noted.

 

 

 

Noted.

 

 

 

Noted. Locations for parking are being investigated by the design team.

That the submission be noted.

 

46

N/A

12/10/2017

Please tick the most relevant to describe you: Broome Resident

 

What do you like about the Master Plan?:

The amount of tree and shade being implemented. Also the amount of seats and available places to be with your family.

 

What do you think could be improved / is anything missing?:

The use of the oval. The oval can be used for events and playground type places. More trees around the oval.

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?:

The cost and the constant changing of the road and shops.

 

Do you have any suggestion about how business and community activity in Chinatown could be increased?:

More family based activities and events to bring more families into town.

Noted.

 

 

Noted.

 

 

 

 

Noted.

 

 

 

 

 

Noted.

 

 

 

 

 

Noted. It is recommended that a Place Activation Plan is prepared to guide events and activities that can be delivered in the new spaces created.

That the submission be noted and the following actions are undertaken:

 

 

 

 

 

 

 

 

 

 

 

 

Prepare Place Activation Management Plan

 

 

47

N/A

12/10/2017

Please tick the most relevant to describe you: Broome Resident

 

What do you like about the Master Plan?:

It’ll make it more cooler and enjoyable to shop. You’ll be able to stay out shopping for more than an hour. More interaction with the community.

 

What do you think could be improved / is anything missing?:

Something for teenagers, teenage friendly.

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?:

Plenty of room so no big crowding.

 

Do you have any suggestion about how business and community activity in Chinatown could be increased?:

More shops for teenagers

Night shopping

 

If you are a business owner, landowner or trader within Chinatown, what do you believe the Master Plan does / doesn’t do to align with your short, medium or long-term needs or vision?:

More money to pay for your business.

Noted.

 

 

Noted. The inclusion of additional vegetation and shading will assist to make the area more appealing and usable.

 

 

Noted.

 

 

 

Noted.

 

 

 

 

The revitalisation project cannot alter the type of shops provided in Chinatown. Night shopping is currently being trailed by the CIDC and this will continue next year.

 

Noted.

That the submission be noted.

 

48

N/A

12/10/2017

Please tick the most relevant to describe you: Broome Resident

 

What do you like about the Master Plan?:

I like the amount of trees for shade spaces, I think that’s what Broome needs, I feel as like we need to keep Chinatown to have some of its old stuff in it.

 

What do you think could be improved / is anything missing?:

Something for teenagers (Teenage friendly)

Change/make the roundabout on Carnarvon Street an actual roundabout.

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?:

Have good lighting at night so it’s safer to walk.

 

Noted.

 

 

Noted.

 

 

 

 

 

Noted. No changes are proposed to the roundabouts.

 

 

 

 

Noted. Lighting will form part of the detailed designs.

 

 

That the submission be noted.

 

49

N/A

12/10/2017

Please tick the most relevant to describe you: Broome Resident

 

What do you like about the Master Plan?:

I like that it’ll give people more reason to come to Chinatown, it’ll give people more opportunities when it comes to going out in Broome. People will be more inclined to visit and to stay longer in town.

 

What do you think could be improved / is anything missing?:

Nothing, thought it was great.

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?:

Lots of tree and shade provided, enough space to just walk through and look at the shops.

Noted.

 

 

Noted.

 

 

 

 

 

 

Noted.

 

 

 

Noted.

That the submission be noted.

 

50

N/A

12/10/2017

Please tick the most relevant to describe you: Broome Resident

 

What do you like about the Master Plan?:

The Chinatown Revitalisation Masterplan is a well composed chain of ideas that would absolutely meet the goals of restoring Chinatown’s liveliness. The use of modern design in these plans would make visitors more comfortable to visit more often. More use of flora would encourage visitors to extend each visit and provide shade for incredibly hot days.

Noted.

 

 

Noted.

That the submission be noted.

 

51

Shekara

12/10/2017

What do you like about the Master Plan?:

I really like the idea, I looks different and a lot better.

 

What do you think could be improved / is anything missing?:

Nothing really.

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?:

More clothes shops, more toy shops.

Noted.

 

 

 

Noted.

 

 

 

The revitalisation project cannot change the mix up of types of shops in the precinct.

That the submission be noted.

 

53

N/A

12/10/2017

Please tick the most relevant to describe you: Broome Resident

 

What do you like about the Master Plan?:

The fact that it will bring more business to and potentially around Broome. It will make both residents and visitors feel more welcome whilst still possibly learning about Broome’s rich culture.

 

What do you think could be improved / is anything missing?:

I honestly don’t know enough about this project to judge if something is potentially missing from it.

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?:

Not to ruin the feel that Chinatown lets off, not to make it all about money, still consider residents, ask for more helpful and even critical feedback. Be as environmentally friendly as possible. (recycle materials use local businesses during the construction process).

 

Do you have any suggestion about how business and community activity in Chinatown could be increased?:

Make it a more interesting pace for youth, family activities are great but for teenagers living here we need other things to sustain our interests.

Noted.

 

 

Noted.

 

 

 

 

 

 

Noted.

 

 

 

 

 

Noted.

 

 

 

 

 

 

 

 

 

Noted. This is consistent with the objectivities of the Masterplan.

That the submission be noted and the following actions are undertaken:

 

54

N/A

12/10/2017

What do you like about the Master Plan

?: Shade, greenery, places to commune

 

What do you think could be improved / is anything missing?:

Opportunity for community groups to host exhibitions – pop-up style – in the street: something that could be transformed by day/night for limited time e.g. screening/artistic and planters that could be repurposed.

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?:

Family/youth zones like WiFi hot spots that is outside in greenery with art sculptural objects from organic matter to sit/lean/climb.

 

Are there initiatives which you feel would contribute to the revitalisation of Chinatown?:

Water – misty fountain feature that can cool and add interest – art project like MONA word wall or central Perth P.O Square.

 

 

 

Do you have any suggestion about how business and community activity in Chinatown could be increased?:

Market and exhibitions and music events – a space in the centre that could bump in-out acoustic band and other performance/community exchange or rally point.

 

If you are a business owner, landowner or trader within Chinatown, what do you believe the Master Plan does / doesn’t do to align with your short, medium or long-term needs or vision?:

Limit car access to street altogether for both zones or have 1 lane only may only increase space for public zones.

Noted.

 

 

Noted. It is recommended that a Place Activation Plan is prepared to guide events and activities that can be delivered in the new spaces created.

 

 

 

Noted.

 

 

 

 

 

Water features are not recommended given the restrictive guidelines and subsequent extensive cost and maintenance in WA. A Public Art Strategy is being developed to inform options to implement public art within the precinct.

Noted, it is recommended that a Place Activation Plan is prepared to guide such initiatives.

 

The design team has considered a number of options which seeks to improve pedestrian activity. Overall, it is considered that the current Masterplan delivers a balanced view of delivering public realm improvements to revitalise the precinct without  compromising the viability and usability of the town centre through the removal of car parking bays and access.

That the submission be noted and the following actions are undertaken:

 

Develop a Place Activation Management Plan.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Implement the Chinatown Public Art Strategy once endorsed.

 

 

 

55

N/A

12/10/2017

Please tick the most relevant to describe you: Broome Resident

 

What do you like about the Master Plan?:

More shady and green. It’ll be more lively and pumping with more activities and attractions.

 

What do you think could be improved / is anything missing?:

More attractions for out youth. E.g. shops cafes. Utilising the area and space surrounding Chinatown. E.g. the water and mangroves making the surroundings look more appealing and accessible. I never knew you could walk on that small Jetty because I didn’t know it was there.

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?:

Local Broome People and the indigenous people. Take into consideration that there is a small aboriginal community up the road and that there is an alcohol problem within the aboriginal community set up support/safe areas for them.

Noted.

 

 

Noted.

 

 

 

Noted. The revitalisation project has investigated opportunities to improve interaction with the mangroves and a walkway which seeks to increase public access. This work falls outside the current package of revitalisation projects.

 

 

 

Noted.

That the submission be noted.

56

N/A

16/10/2017

What do you like about the Master Plan?:

Waste of Money

Open Library 7am-midnight

Native wildflower plantings and car shade parks

Better investment

Quadruple arts grant funding. Provide power for free visitor hubs.

 

What do you think could be improved / is anything missing?:

Lower business footpath licence

Lower glass insurance and septic

More markets to Chinatown

Provide Deep shade

Provide shade trees en masse to Cable Beach

Provide taps, lower sprinkler flow rate and cool water.

Pay Librarians extra penalty rates including Sundays, provide couches and fun kids lounges.

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?:

Sensibility in expenditure to benefit consecutive council finance officers.

 

Are there initiatives which you feel would contribute to the revitalisation of Chinatown?:

Demolish Short St Gallery

Build world class gallery and café

Operating hours does not form part of the Masterplan. Shade will be improved through the implementation of the Masterplan.

 

 

 

 

The majority of the points raised are not relevant to the Chinatown Revitalisation project. Fees with alfresco dining can be reviewed by the Shire.

 

 

 

 

 

 

 

 

Noted.

 

 

 

 

 

Comments not supported.

That the submission be noted.

57

N/A

18/10/2017

Please tick the most relevant to describe you: Broome Resident

 

What do you like about the Master Plan?:

Good Vision

Just need to implement all aspects

What do you think could be improved / is anything missing?:

More Shade

More Seating

Poor facilities – toilets for visitors.

Noted.

 

 

Noted.

 

 

Noted, shade will be improved and seating will be provided through the implementation of the Masterplan.

That the submission be noted.

58

N/A

17/10/2017

Please tick the most relevant to describe you: Broome Resident

 

What do you like about the Master Plan?:

Looks great, like the increased use of Male Oval, with family friendly playground. More shade is great and seating.

 

What do you think could be improved / is anything missing?:

More relaxed permit system for buskers be great.

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?:

Trying to get reasons for people to stay past 6pm. Lighting music, drinks and entertainment specials to lure people in at weekends and evenings.

 

Are there initiatives which you feel would contribute to the revitalisation of Chinatown?:

More buskers

1-off arts events and functions, e.g. salsa dancing, live music, art installations.

 

Do you have any suggestion about how business and community activity in Chinatown could be increased?:

Better teamwork and cooperation between businesses.

Noted.

 

 

Noted.

 

 

 

 

Noted. It is recommended that a Place Activation Management Plan be prepared which can consider such initiatives.

 

Noted, it is recommended that a Place Activation Management Plan be prepared.

 

 

 

 

 

Noted, see comments above.

 

 

 

 

 

 

Noted.

 

That the submission be noted and the following actions are undertaken:

 

 

 

 

 

 

Develop a Place Activation Management Plan.

 

59

N/A

19/10/2017

Please tick the most relevant to describe you: Broome Resident

 

What do you like about the Master Plan?:

The design, it looks stunning

Lots of trees (native life)

This town needs a revamp, need to not focus on the past as much, go along with life and keep up with modern technology and modern design.

 

What do you think could be improved / is anything missing?:

Nothing that I can think of at the moment.

Stop letting the past stop effect the future.

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?:

Consider the future consequences for this Masterplan. Such as: is the materials sustainable Environmentally safe not just for now but for the future generations.

 

Are there initiatives which you feel would contribute to the revitalisation of Chinatown?:

Always have a backup plan if something goes wrong. Because life throws you obstacles that can’t always be controlled. Be prepared.

 

Do you have any suggestion about how business and community activity in Chinatown could be increased?:

Support more local businesses

Look after the people, the people will look after you. Fund more local charities. Change business rental prices, as it’s hard for businesses to keep up financially if their businesses go dry.

Noted.

 

 

Noted.

 

 

 

 

 

 

 

Noted.

 

 

 

 

Noted, these elements will be considered in the detailed design.

 

 

 

 

 

 

Noted.

 

 

 

 

 

 

The rental prices is beyond the scope of the revitalisation project.

That the submission be noted.

60

T. E Robinson J.P

20/10/2017

Please tick the most relevant to describe you: Broome Resident

 

What do you like about the Master Plan?:

If the shade shelters in Carnarvon St are duplicated they are a waste it does not matter the time of the day, they do not give shade.

Noted.

 

 

Noted.

 

 

 

 

That the submission be noted.

61

N/A

23/10/2017

Please tick the most relevant to describe you: Broome Resident

 

What do you like about the Master Plan?:

That there actually is one – However it looks way too much like a Mall in any city or town.

Broome is unique with Multicultural history, use it to create something to suit.

 

What do you think could be improved / is anything missing?:

Yes – Japanese and Chinese gates at each end of Carnarvon St renovations i.e. Napier St roundabout and Short Street Roundabout.

Replace the Street Signs in various languages @ same locations as above.

Shades to look more Japanese/Chinese rather than modern art – i.e existing shade.)

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?:

Using or at least asking local artists/sculpturists to provide designs for furniture and shade before making final decisions or getting.

 

Are there initiatives which you feel would contribute to the revitalisation of Chinatown?:

Adding parking to Sam Su Lane side of the oval and making SSL one way thoroughfare from Short St to Carnarvon (@ Roey Junction) removing all vehicles from Carnarvon St.

Removing the 2hr limit on any Chinatown Parking.

 

 

 

 

 

Do you have any suggestion about how business and community activity in Chinatown could be increased?:

Not allowing any further commercial development at the moment.

Working with shop-owners to get more pop-up rentals or lowering rents.

Noted.

 

 

Noted.

 

 

 

 

 

Noted, these elements have been incorporated into the Chinatown Public Art Strategy.

 

 

 

 

 

 

 

Procurement of art will be undertaken consistent with the Shire’s Guidelines.

 

 

 

 

The design team is investigating the inclusion of additional parking bays on Sam Su Lane. The design team has considered a number of options which seeks to improve pedestrian activity. Overall, it is considered that the current Masterplan delivers a balanced view of delivering public realm improvements to revitalise the precinct without  compromising the viability and usability of the town centre through the removal of car parking bays and access.

 

This is beyond the scope of the revitalisation project.

That the submission be noted.

62

N/A

30/10/2017

Please tick the most relevant to describe you: Broome Resident

 

What do you like about the Master Plan?:

More Greenery in Chinatown – would be great to use natives and decoration (smaller ones)

Sitting areas scattered throughout.

 

What do you think could be improved / is anything missing?:

A mall from Short St to Roey (in Carnarvon)

Free busking in the mall

Quality water (to fill your bottle) fountains – at least 6 (filtered water)

Public art work from various Broome artists representing the community.

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?:

Incorporating Yawuru concepts and information

Incorporating info on the early pearling history to the present day. Incorporating history of various ethnic cultures in Chinatown i.e Chinese, Japanese, Malays, Filipinos, etc.

Need to retain the feeling of old town, not make it look like the Broome Boulevard. 

 

Are there initiatives which you feel would contribute to the revitalisation of Chinatown?:

All of the buildings need interpretation boards with their history.  A weekly pop-up can night, so people can enjoy market food in Chinatown at least one night a week.

 

Do you have any suggestion about how business and community activity in Chinatown could be increased?:

Having buskers allowed anytime (for free)

Allowing alfresco dining -where restaurants can increase their outdoor seating area.

A free bus service from Cable Beach at night to encourage tourists to dine, drink and enjoy Chinatown, not having to worry about getting back to their accommodation at night.

Noted.

 

 

Noted.

 

 

 

 

A mall has not been proposed as access to properties needs to be maintained. A Public Art Strategy is being developed and public art will form part of the works to be delivered.

 

 

 

Noted. The stakeholders referenced have informed the preparation of the Public Art Strategy.

 

 

 

 

 

 

 

 

Late night trading is already being trialled.

 

 

 

 

 

 

Spaces for buskers and additional alfresco dining have been catered for in the Masterplan. Provision of a bus service is beyond the scope of the Masterplan.

 

That the submission be noted.

63

Anne Bloemen

30/10/2017

Please tick the most relevant to describe you: A long standing Broome Resident

 

What do you like about the Master Plan?:

The trees (also plant native trees from Port to Town); Chinese entry way; Car realignment in Carnarvon St; The Sun Picture front café area.

 

What do you think could be improved / is anything missing?:

Develop more the theme about Jap/Chinatown

What about Japanese heritage – too bad the Shire destroyed the Japanese Pearling Quarters years ago

Why not work with Paspaley – if still owners and create an old Broome town in Dampier Tce.

What is happening to overpriced ugly “sun shades of corrugated metal? Will they be retained and better integrated or replaced? Will they go elsewhere so ratepayers $$ is not wasted yet again.

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?:

Stop spending so much money on overpaid out of town consultants – involve long time residents and rate payers in key project planning from the beginning – not at the end when it is too late. Give the people who are committed to the town to be a part from the start collect key visions, ideas and  then brief the experts more early.

 

Are there initiatives which you feel would contribute to the revitalisation of Chinatown?:

Make a real Chinatown and acknowledge Japanese history and contributions.

Develop a “old time Broome” – reconstruct divers quarters and more historic last standing pearly shell shed by the Mercure. Set up a Bird Bay and Dinosaur discovery centre.

Design a Japanese Club, could be a spa/Japanese restaurant – have story tellers in lay spots and good historic signage connect the story. Pearling, Streeter’s Jetty and pearly shops there is a whole Broome experience in the Street. From natural history to pearling.

 

Do you have any suggestion about how business and community activity in Chinatown could be increased?:

See above case of a walk through Broome’s History. Like in Eucha NSW and other historic streets. Add the first people/indigenous cultural centre in cooperation with NBY – pre-planning underway so a site in or near Chinatown would compliment natural history and pearling story.

Consult archives and photos of St John of God Heritage centre and Broome Historical society and NBY, incorporate some outside the common gate pearling displays (LUSTRE)

 

If you are a business owner, landowner or trader within Chinatown, what do you believe the Master Plan does / doesn’t do to align with your short, medium or long-term needs or vision?:

Ideally eliminate cars on top half of Carnarvon St and make it a pedestrian mall that is safe.

Street crossings should favour pedestrians -not cars – many of my European guests have had near misses. Design easy to read heritage signs  - so easy to read in situ with the historical photos – of now and then – see signs we did in Port Hedland they have brought more business to the main street.

People like to read stories about where they are. Only businesses in Johnny Chi Lane have done this – why not the SHIRE!!

 

Work with local Bay and Dinosaur community groups for planning and historical society. 

Noted.

 

 

Noted.

 

 

 

 

Noted, the Public Art Masterplan includes capturing the history of all cultural groups. The relocation of the shade structures will be reviewed as a part of the detailed design.

 

 

 

 

 

 

 

 

 

An extensive amount of community engagement was undertaken leading up to the preparation of the Masterplan which included a Chinatown Stakeholder Reference Group.

 

 

 

 

 

 

Noted. While some of the initiatives are beyond the scope of the revitalisation project it is recommended that a Place Activation Management Plan be prepared to incorporate concepts.

 

 

 

 

 

 

 

 

 

 

Noted. A feasibility for a cultural and arts centre forms part of the revitalisation project, however is beyond the scope of this Masterplan.

 

 

 

 

 

 

 

 

 

Noted. A number of options were investigated by the design team to improve the pedestrian environment in Chinatown. The provision of a mall is not recommended. The prioritisation of pedestrians crossings will be reviewed as a part of the detailed design.

That the submission be noted.

64

N/A

31/10/2017

Please tick the most relevant to describe you:  Broome Resident

 

What do you like about the Master Plan?:

The thing I like is the shady trees. More the marrier. Climate wise – whenever a tree – the shade – this is taken for the shade for cars etc.

 

What do you think could be improved / is anything missing?:

Well first of all you must have the theme for Broome, not the city theme. Broome has a great history. Plus water fountains, public seats, shade. On the front of older properties, details of the history of it (shop, homes) HISTORY!

PS more ships in. how about putting gum trees all the way along Port Drive -making it more attractive – very boring as it is.

 

 

 

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?:

Rubbish bins not just one or two

Bike racks; Kids things – like animals to find of the Kimberley, old pearling boat for kids to sit with adult tables. Again BROOME THEME – Chinatown – Pearling – Aboriginal – Beach – Plants.  Lighting – not normal – creative.

 

Are there initiatives which you feel would contribute to the revitalisation of Chinatown?:

Do not put another market @ cable beach

Don’t need it, degrade it.

 

Do you have any suggestion about how business and community activity in Chinatown could be increased?:

Have more things celebrating there.

Father Christmas come there @ night early on a Tractor and hay trailer. Plus the Easter bunny etc. Father Christmas in shorts, thongs, tshirt, beard, hat.

 

If you are a business owner, landowner or trader within Chinatown, what do you believe the Master Plan does / doesn’t do to align with your short, medium or long-term needs or vision?:

Have competitions for children and adults for inspiration for themes – Prize monies name on winner’s design. Schools could get involved instead of paying $$$ to someone who doesn’t know what Broome needs!! $800,000???? Wasting our money.

I know things are a bit hard in Broome. Perhaps a bit more control in area.

Noted.

 

 

Noted.

 

 

 

 

The Masterplan provides high level guidance and visioning for the key infrastructure changes proposed. A key objective for the development of new infrastructure, public realm and revitalisation of Chinatown is around capturing the unique natural and cultural history of the place, which will be expressed through public art and materiality. Ephemeral aspects of reflecting this history may be captured in a future Place Activation Management Plan. 

 

Noted. These elements are being investigated as a part of the detailed designs.

 

 

 

 

 

 

 

This is beyond the scope of the Masterplan.

 

 

 

 

Noted, it is proposed that a Place Activation Management Plan be developed to incorporate such initiatives.

 

 

 

 

 

Noted.

 

 

 

 

 

 

 

That the submission be noted and the following actions are undertaken:

 

 

 

 

 

Develop a Place Activation Management Plan.

 

65

Dave Nolan

30 October 2017

1. It is all looking good. I like the idea of the carpark at sam su lane, the coach drop of area, the shade structures, trees, seats and generally everything.

2. Some of my ideas are: a parking bay / rest area before the turn off into town near the road house. This is so they doen’t just fill up with fuel and continue elsewhere. You could have things what you can do in town. You can have a large sign map showing where you could park your car and camper trailer safely in Chinatown area. This is so you are not driving around and around trying to find a parking spot eg; maybe a gps marking. This is so we might get a few more campers coming into town for the day, as the caravan parks are generally full. Most people like to be prepared.

3. I would like to see some more promotion of the dinosaur prints. Maybe an arch going over the road into town. You could have a sign at the new tourist rest facility/ coach drop off area, detailing a dinosaur trail walk. You could have dinosaur foot prints in the brick paving. You could have a few different trails. Maybe one type of dinosaur print leading from new carpark at sam su lane to sun pictures , another type of print leading to lane ways, another to the pearl shops and luggers. ect.

4. I would also like to see sign posts in different languages like we used to have.

5. Maybe you could have some temporary mist fans for the coach drop off area during the wet season ocean liner visits.

6. I would like to see all materials and structures supplied by local businesses. Even if they cost a little bit extra, because the locals know what would last longer and be more long term cost effective.

1.  Noted.

 

 

 

2.  Concept of parking bay is not relevant to the Masterplan. A review of the Parking Layout Plan is recommended, which can review the caravan parking options. 

 

 

 

 

 

 

 

 

3.  A Public Art Masterplan has been prepared to guide key art themes that can be implemented in the precinct.

 

 

 

 

 

 

 

 

4.  Noted. 

 

5.  Noted. 

 

 

6.  Noted, the use of local businesses will be encouraged.

That the submission be noted and the following actions are undertaken:

 

 

Implement the Chinatown Public Art Strategy once endorsed.

 

 

 

66

Margaret Fong

30 October 2017

1. I apologise for the last minute arrival of this but have been snowed under with other tasks. I applaud the work that has gone into this project and the effort made to try to satisfy all concerned parties. Not an easy job!

2. So many facets of life in Chinatown had to be considered and some of these conflict with the consideration of others. Hopefully you have achieved a good mix. I have a few concerns but, on the whole am pleased, with the outcome.

3. The name Chinatown evolved post war when sensitivities were delicate. It was always an Asian precinct so "Chinatown" was the obvious way to replace Japtown. In those days there was a predominant number of Chinese in the precinct and most of the businesses were Chinese owned. Just the name is what lures people into the precinct today but unfortunately there is not much left to identify it as an Asian location. I have discussed this with people involved and a suggestion was made that possible re branding may be an idea. To me this would destroy so much of Broome's point of difference as it would then become just another shopping area. It's uniqueness is what keeps it alive. What is left of the Chinese population need to get involved to define character of appearance. It doesn't need to be "in your face" Chinese as in other Chinatown locations throughout the world but it does need a definitive Chinese character. 

4. The replacement of the old multi language road sign at the south end of Carnarvon St. This can be copied from the one held at the Museum.

5. Something along the lines of the shape of the old telephone box on the corner near the Runway Cafe .... maybe an information/directory board.

6. Paintwork and design of some of the existing shopfronts, especially the older ones, to reflect Chinese tradition.

7. Chinese lantern style lighting ... would probably need to be more robust than the silk or paper but a take off of these.

8. A slight Chinese spin on the proposed garden design.

9. Chinese Lettering over some areas ..... maybe other Asian language signs as well g. In places like Vietnam and Malacca a huge emphasis is placed on the old "shop houses" which is exactly what we have in Broome and don't realise it. This includes what is left of the old Napier Tce., the LL Tack building, Son Ming and others.

10.       Well preserved photos, possibly framed in a pseudo Chinese style frame, along the way would highlight this. This could be done near each tree honouring the historic background of the shop nearest it.

11.       Sam su Lane needs to be considered as a part of the revitalisation plan as it is becoming more and more used as a pathway across the oval and to parking near the Visitor Centre. I have included issues re drainage in Sam Su lane in a previous correspondence but there are many other issues that can be addressed as a secondary concern.

12.       Parking will be an issue when the road design of Carnarvon st is changed. I personally think these decisions are wise ones as Carnarvon st almost presents itself as a Mall. It is a great place for public events, being wider than Dampier Tce. An alternative would be to encourage access and parking from the BVC Roundabout end leading to take over of a small part of the Sam su Lane end of the oval. Caravan/trailer parking is possible in the double bays at the back of the BVC and added parking could be established closer to Sam su Lane. It is a regrettable thing that, as private land, the large building on the corner of Sam su Lane was able to be built on the lane side without any verge space. This problem needs to be addressed as occupants and deliveries to this area are halted if any other traffic is in the narrow area. Once you turn into the lane it is a major traffic hazard to back out and wait for other traffic to exit. If deliveries are taking place it can be a long wait. Any emergency traffic such as ambulances have to come across the oval but small cars, such as the Bran Nu Dae cars that are daily visitors to infirm people in that precinct, can not take the kerbing and therefore have a problem. An ideal answer would be to enter via the existing entry, widen the lane immediately after the fence on the BVC side, provide parking adjacent to it and an exit way via the other side of the fence. This could be workable with careful planning. Maybe not the perfect answer for parking but a solution for the congestion in the Lane. More trees, covering a labelled Kimberley or sub tropical botanic variety, could be planted around the oval perimeter.

13.       Problem! As with everything, what can be the acceptable plan for monitoring and reducing the anti social behaviour. It will be a killer for the whole Chinatown design as people are cautious of sitting on grass where there have been people urinating and defaecating and on seating that has been damaged or has a sleeping person on it. Upkeep on all physical aspects of the Chinatown plan will need quite a yearly budget I What can be done re acceptable public toilets??? Possibly impossible???

14.       Streeter's Jetty is a vital link in all this. Maybe some good planting can make this site more encouraging to tourists. The actual jetty has been altered hugely from it's historic details and the excitement is not as great as the tide doesn't come over as much .... although preservation wise this is a good thing. Once more we are looking at cost of upkeep. We don't want any of this project to lapse into shabbiness in a few years' time. The issue of the overgrowth of the mangroves is an environmental one, I know, but given that the mangroves were kept well clear of the jetty and yet still grew to that extent in less than 10 years is testimony to their hardiness. Therefore clearing them back a boat's width at least would give more credibility to the jetty's history.

15.       The old tree that once graced the jetty site was obviously not affected by the continual dosing of salt water so we need to be able to identify trees such as this for planting. Shade is needed there.

16.       Whilst we need functional shop fronts and shade structures we need to remember that we are re creating history and we don't want Chinatown to look like every other community space. We do not need to introduce 21st century verandas and shelters because the beauty of Chinatown lies in it's history. It would be like modernising an old Tasmanian historic townsite ...... no longer a point of interest.

17.       Congratulations to all on a well thought out plan and the time spent on it. I realise that it will have to be done via small steps but I hope that it will come to it's fruition in the not too distant future. Budgeting always poses a problem with all the other necessities that come to attention but, for the sake of the community, I do hope that this is able to go all the way.

18.       May I suggest that budget from indigenous bodies is sought to educate and turn the tide on the respect given by incoming community members to this land, irrespective of who it belongs to. If it is going to be used by all groups then it needs to be respected by all groups and all groups need to understand how this is shown! This is for the benefit of Broome and it's visitors, irrespective of colour, creed, position or place of residence. Thank you for this opportunity and Doug and I wish you well with the development.

 

1.  Noted. 

 

 

 

 

2.  Noted. 

 

 

 

 

 

3.  The Masterplan provides high level guidance and visioning for the key infrastructure changes proposed. A key objective for the development of new infrastructure, public realm and revitalisation of Chinatown is around capturing the unique natural and cultural history of the place, which will be expressed through public art and materiality. 

 

 

 

 

 

 

 

 

 

 

 

4.  Noted. 

 

 

 

5.  Noted. 

 

 

 

6.  The Masterplan does not incorporate improvements to private land. 

7.  Noted, this it being addressed as a part of the detailed lighting designs.

8.  Noted. 

 

9.  Noted. 

 

 

 

 

 

 

10. Noted. A Public Art Strategy is being developed which include measures to interpret history. 

 

 

 

11. Noted. Sam Su Lane forms part of the Masterplan

 

 

 

 

 

 

 

12. Noted.  The project team in the development of the Masterplan has considered many design responses to improve the pedestrian environment and reduce the dominance of cars on the streetscape. While this concept has merit, to have a viable town centre, the availability of parking is also a significant consideration. It is considered that the current Masterplan delivers a balanced view of improving the pedestrian environment without  compromising the viability and usability of the town centre.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

13. Noted. CPTED and CCTV will aim to address some of these issues. Ultimately a lively and active precinct will do the most to curb antisocial behaviour in the area. 

 

 

 

 

 

 

14. Noted, the Shire is currently in discussion with the landowner to investigate options to improve the amenity to this important area. 

 

 

 

 

 

 

 

 

 

 

 

 

 

15. Noted.  

 

 

 

 

16. Noted. 

 

 

 

 

 

 

 

 

 

17. Noted.

 

That the submission be noted and the following actions are undertaken:

 

 

 

 

 

 

 

 

 

Implement the Chinatown Public Art Strategy once endorsed.

 

Detailed design to consider how the unique multicultural and eclectic nature of Broome can be reflected.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Detailed design to consider passive surveillance and lighting to discourage anti-social behaviour.

 

67

N/A

30.10.17

Please tick the most relevant to describe you:  Broome Resident

 

What do you like about the Master Plan?:

The master plan is excellent. BUT why is Frederick Street left out? Frederick street is the boarder of Chinatown and should be included. That southern end of the town includes the Lockup on Carnarvon Street and the Old Pearl Divers House on Dampier Terrace.

 

What do you think could be improved / is anything missing?:

There is a vacant clock next to the Pearl Divers House which could be cleaned up for a nominal cost and used as a part. Or alternatively, what about a Japanese Garden. Or why not buy it the prices are low.

 

As for Napier Terrace lookout – WHAT? So much landfill would be needed to build it up to a good height for viewing. A better lookout would be located on Frederick and Dampier. The land is already high and the cost of landfill would be nominal.

 

 

Tell us anything else which you think is important to be considered in developing and implementing the Master Plan?:

Streeters Jetty area – not interesting. Bland landscape needs an injection of ‘something’. I have been down there many times and the comments I hear are ‘is that all there is’; ‘I thought there would be more to see’.

 

Are there initiatives which you feel would contribute to the revitalisation of Chinatown?:

Old Pearling Sheds – they need cleaning up to make it interesting to look at and at least walk past. Alternatively use it as an outdoor museum.

 

Do you have any suggestion about how business and community activity in Chinatown could be increased?:

If they turn up to learn – get paid. Don’t turn up – NO PAY. I know this is a long term picture BUT forward thinking please! Do something CONSTRUCTIVE.

Noted. 

 

 

Noted. Frederick Street does form part of the Masterplan project area and includes some initiatives to deliver activation. As recent capital works and improvements have been implemented in this area, it did not need to be reviewed in detail.   

 

This is private land and beyond the scope of the Masterplan.

 

Noted. The design intent of the lookout was to deliver an iconic structure that spans vertical height and allows a view over the mangroves into Roebuck Bay, of a similar  view than that at the top end of Dampier Terrace. However given the potential financial and practical implications of positioning a lookout at the end of Napier Terrace, it is recommended that this concept be removed from the Masterplan.

 

Noted. The Shire is currently in discussion with the landowner to investigate options for this important location.

 

 

 

 

 

This is private land and beyond the scope of the Masterplan.

 

 

 

 

 

 

Intent of the comment unclear.

 

 

 

 


Item 9.3.1 - CHINATOWN REVITALISATION PROJECT – ROEBUCK BAY HOTEL SUBMISSION

 

 

PDF Creator


 

PDF Creator


Item 9.3.1 - CHINATOWN REVITALISATION PROJECT – SUMMARY OF SUBMISSION KEY THEMES AND RESPONSES

 

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Item 9.3.1 - CHINATOWN REVITALISATION PROJECT - MASTERPLAN

 

 

PDF Creator



 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


MinutesOrdinary Meeting of Council 14 December 2017                                                                   Page 669 of 1354

 

 

9.3.2      INTRODUCTION OF TRADING NODES THROUGH THE TRADING IN PUBLIC PLACES POLICY

LOCATION/ADDRESS:                             NIL

APPLICANT:                                              NIL

FILE:                                                           LAW016

AUTHOR:                                                   Director Development and Community

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      NIL

DATE OF REPORT:                                    6 November 2017

 

SUMMARY:         The Shire has been receiving a number of requests from persons wanting to establish pop up trading and food vans in public places in Broome. 

Shire of Broome Policy 4.2.15 Trading in Public Places (Policy) assists Council and officers in administering trading licences under the Trading, Outdoor Dining and Street Entertainment Local Law 2003. Under the Policy, Shire officers in some circumstances lack discretion to approve these types of activities resulting in delays and deterring innovation and increased economic activity.

To provide clarity and direction in relation to the undertaking of public trading in Broome, the Policy could be amended to designate Council endorsed nodes within which pop up traders and food vans can be established.  This report recommends that Council endorse these proposed amendments to the Policy for public consultation.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 28 July 2016                              Item 9.1.2

OMC 15 December 2016                 Item 9.3.2

 

At the 28 July 2016 Ordinary Meeting of Council (OMC) Council initiated the review of the following Shire policies which dealt with the issuing of a trading licence under the Trading, Outdoor Dining and Street Entertainment Local Law 2003 (Local Law):

·     Policy 4.2.12 – Trading in Public Places; 

·     Policy 4.5.1 – Commercial Camel Activities on Cable Beach; and

·     Policy 4.5.3 – Commercial Activities on Cable Beach.

 

At the OMC on 28 July 2016, Council adopted a revised Trading in Public Places policy, including the relevant provisions from the above three former policies, for the purposes of public consultation.

 

Following the conclusion of that public consultation period, Council adopted Policy 4.2.15 Trading in Public Places (Policy) and revoked the three former policies at the OMC on 15 December 2016.

 

As stated, the Policy includes relevant provisions from the three former policies.  In addition, changes were made around the provision that existed in the former Policy 4.2.12 which restricted trading within 300 metres of a permanent business that has for sale any goods or services of the kind offered for sale by the trader.  Instead, this restriction was replaced with a requirement that a proposed trading activity does not occur within 300 metres of a permanent business that it would be directly competing with, unless:

·     the trading activity does not occur during the ordinary opening hours of the permanent business; or

·     the owners of the permanent business have provided their support in writing for the proposed trading activity; or

·     Council decides that the proposed trading activity should be approved notwithstanding its proximity to the permanent business.

 

“Directly competing with” is defined in the Policy to mean that both the proposed trading activity and the permanent business offer a type or category of good or service that is directly comparable, for example:

·     an ice cream van would be directly competing with an ice cream parlour;

·     a mobile food van selling coffee, cake and sandwiches would be directly competing with a café;

·     a mobile food van selling pizza would be directly competing with a pizza or Italian take away store/restaurant;

·     a stall offering massages would be directly competing with a massage parlour.

 

COMMENT

 

There has been a growing interest in the establishment of pop up traders and food vans in Broome.  However, apart from areas on Cable Beach, the Policy does not identify Council endorsed nodes where trading can occur. 

 

Due to the 300 metre restriction in the Policy and general scepticism around the desirability of public trading in the past, Shire officers have often either been unable or unwilling to use their discretion to approve trading licences for pop up traders and food vans.  This has caused a delay in the handling of these requests, resulting in innovation and potential additional economic activity in Broome being stifled.

 

Overall, pop up traders and food vans can be an important element of economic activity in a town.  They can add diversity to the commercial offering in an area, create vibrancy and activate public places, be used to bring more people into an area and/or facilitate persons staying longer in an area. 

 

While the inequity between public traders and permanent traders is often raised as an issue, public trading can be a way for a person to generate income and build a business, facilitating the transition to a permanent establishment. Also, generating greater economic activity in an area and bringing more vibrancy and people to an area benefits permanent businesses as well as public traders.

 

For these reasons, it is proposed that the Policy be amended to establish Council endorsed nodes within which pop up traders and food vans can be established.  Additional provisions will also need to be included in the Policy to support the introduction of the nodes.  The general provisions regulating trading activities in the Policy would continue to apply to trading activities undertaken in a node.

 

The proposed amended Policy is shown in Attachment 1 (tracked changes) and Attachment 2 (tracked changes accepted).  The changes proposed are as follows:

·     Include a new definition for “node”.

·     Amend Clause 3.1 of the Policy so that a trading licence can be issued for a trading activity even if it is within 300 metres of a permanent business that it would be directly competing with where the activity occurs in a node identified in Schedule 5 of the Policy.

·     Include a new clause 17 stating that additional provisions that apply to trading activities undertaken in a node are outlined in Schedule 5 of the Policy.

·     Include a new Schedule 5 which identifies the trading nodes and includes the following additional provisions that apply to trading activities in nodes:

-     Up to 3 trading activities will be allowed to occur at any one time within a node, except Chinatown;

-     Trading licences will only be issued for trading activities in Chinatown following an expressions of interest process;

-     Failure to undertake a trading activity in a node for 3 months is a ground upon which a trading licence may be cancelled;

-     Trading is limited to the locations or nodes specified in a trading licence;

-     Trading licences may specify certain days or hours within which a trading activity may operate within a node; and

-     The following additional criteria apply to the assessment of an application for a trading licences in a node:

The vehicle or structure used for the trading activity must be well presented and provide a high level of visual appeal;

The trading activity must not detract from the visual or general amenity of the surrounding area;

The trading activity will support the vibrancy and/or enhance the use of an area by persons working or visiting the node;

The trading activity will result in a diversity or enhancement of offerings/experienced available within the node.

 

A typing error was identified in the definition of “Related Entity Interest” and this has been corrected also.

 

As discussed above, the proposed new Schedule 5 in the Policy identifies the trading nodes.  It should be noted that two of the proposed nodes (BRAC and Tanami Park) are not within 300 metres of a permanent business likely to be affected.  An overview of the proposed nodes is provided below.

 

Town Beach Reserve

 

This node would apply to the entire of the Town Beach Reserve (Reserve 31340) from the edge of the Roebuck Bay Caravan Park through to the land adjacent to the Museum (see Attachment 3).  The undertaking of trading activities in this area is consistent with the Town Beach Masterplan, and the current use of this area for markets and events.  There are traders that already operate from the boat ramp car park.

 

The undertaking of trading activities in this area is consistent with the proposed redevelopment plans for the reserve as set out in the Masterplan, and will assist in the activation of this area.  Traders in this location could service locals and tourists.

 

Permanent businesses within 300 metres of this Reserve that may be affected in accordance with the Policy are:

·     Town Beach Café;

·     Satay Hut;

·     18 Degrees;

·     Liquorland.

 

Broome Recreation and Aquatic Centre

 

This node would apply to the Reserve upon which the Broome Recreation and Aquatic Centre (BRAC) is located (Reserve 42502) (see Attachment 4).  Traders in this location are likely to only be food vans providing a service for locals utilising the BRAC facility. 

 

The undertaking of trading activities in this area is consistent with the BRAC Precinct 1 Master Plan.  There are already trading activities that operate from BRAC. 

 

No permanent businesses are likely to be affected in accordance with the Policy (the Boulevard Shopping Centre is outside the 300 metre radius.

 

Cable Beach Foreshore and adjacent road reserve

 

This node would apply to the entire of the Cable Beach Foreshore Reserve (Reserve 36477) and the adjacent Cable Beach Road West Road Reserve (see Attachment 5).  The undertaking of trading activities in this area is consistent with the Cable Beach Foreshore Master Plan which has been released for public comment.  The area is already used for events.

 

The undertaking of trading activities in this area is consistent with and will assist in the activation of this public space.  Traders in this location could service both locals and tourists.

 

Permanent businesses within 300 metres of this Reserve that may be affected in accordance with the Policy are the Cable Beach Club and Zanders.

 

Tanami Park and adjacent road reserve

 

This node would apply to Tanami Park (Reserve 51243) and the adjacent road reserve (see Attachment 6).  Traders in this location are likely to be food vans or family focused activities providing a service for locals utilising the Park and the newly established community garden on the opposite side of Magabala Road. 

 

Trading activities have operated from Tanami Park in the past, as part of Broome North events held in the Park.  The Park is a focal point for many Broome North residents and the undertaking of trading activities in this area would assist in the activation of this residential area. 

 

No permanent businesses are likely to be affected in accordance with the Policy.

 

Chinatown

 

This node would cover Chinatown, Broome’s town centre (see Attachment 7).  The establishment of pop up traders and markets has been discussed as a way to activate Chinatown as part of the Chinatown Revitalisation Project.  Their use has also been discussed as an attraction for cruise ship visitors.  Pop up traders have more recently been employed as part of the Chinatown late night trading trials.

 

Current consensus appears to be that what is required is a series of pop up traders or stalls positioned around Chinatown as an alternative to having a group of stalls/traders in a fixed location, which is likely to require the closing of a road.  The “spreading out” of stalls/traders will also encourage visitors to Chinatown to walk around the whole of Chinatown, thereby spreading economic benefits across all the permanent businesses.

 

There are many permanent businesses that may be affected in accordance with the Policy, but the potential benefits to these permanent businesses is considered to outweigh any negative impacts.  However, to ensure that the correct number of traders are established in the correct locations and on the correct times/days, it is recommended that the Policy dictate that the establishment of public traders in Chinatown occur through an expressions of interest process.  This will ensure that a high level of oversight over this process and the nature of public trading is provided by Council.

 

Summary

 

Overall, the designation of nodes within the Policy is seen as a positive way to encourage public trading in desirable locations.  This will not prevent public trading occurring in other locations that are consistent with the Policy, but will allow the fast tracking of applications for trading licences in these areas with approvals able to be granted by officers under delegation (except for Chinatown).

 

The designation of Chinatown as a node subject to an expressions of interest process being carried out allows for the establishment of high quality pop up traders and food vans in a way that maximises the activation value of this type of activity.

 

Additional nodes can be added or nodes can be removed through future amendments to the Policy.  However, as a starting point, the nodes identified are considered appropriate and desirable for public trading to occur.

 

Due to the nature of the proposed changes to the Policy, public consultation in relation to the proposed changes should be undertaken.  A consultation period of 28 days is considered adequate given the nature of the proposed amendments.

 

It is therefore recommended that Council endorses the amended Trading in Public Places policy as shown in Attachments 1 and 2 to this report for the purposes of seeking public comment for a period of 28 days.

 

CONSULTATION

 

Nil.  Public consultation for a period of 28 days is proposed for the amended Policy.  As part of this public consultation process, the following actions will be undertaken:

·     A public notice will be placed in the Broome Advertiser and on the Shire of Broome website advising that the draft amended Policy is available for review and comment;

·     The draft amended Policy will be printed and displayed at the Shire administration building and Library;

·     Information on the proposed amendments to the Policy will be posted on the Shire’s social media platforms; and

·     Media release prepared on the proposed amendments to the Policy.

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

            

2.7. Role of council

 

(1)         The council –

(a)         governs the local government’s affairs; and

(b)         is responsible for the performance of the local government’s functions.

 

(2)         Without limiting subsection (1), the council is to -

(a)         oversee the allocation of the local government’s finances and resources; and

(b)         determine the local government’s policies.

 

Trading, Outdoor Dining and Street Entertainment Local law 2003

 

2.3     Determination of application

 

2.3.2           The local government may refuse to approve an application for a licence, where:

(d)    a policy of the local government adopted by the Council relates to that application and the policy provides that the application is not to be approved;

 

2.3.3           Where the local government approves an application for a licence, it may approve the application subject to conditions by reference to any policy of the local government adopted by the Council which contains conditions subject to which an application for a licence may be approved.

 

1.2     Prohibition

 

5.2.1  A person shall not carry on trading:

(a)         unless that person is the holder of a valid trading licence or is an assistant specified in a valid trading licence; and

(b)         otherwise than in accordance with:

(i)    the terms and conditions of the licence; and

(ii)   the provisions of this local law.

 

5.2.3  Where the local government has made a policy setting out the criteria upon which persons are exempted or may be exempted from holding a valid trading licence when carrying on trading in any public place, then subclause 5.2.1 will not apply to any person carrying on trading in any public place in accordance with the policy.

 

POLICY IMPLICATIONS

 

Nil, outside those directly discussed in this report.

 

FINANCIAL IMPLICATIONS

 

The Shire charges a fee for trading applications and licences.  If increased applications are received and licences are issued, this will generate additional income for the Shire.  However, the application and licence fee represent cost recovery, and therefore any additional income received will be required to process the applications, administer the licences and maintain the public areas subject to the licences.

 

RISK

 

The key risk involved in introducing the trading nodes is reputational, based on negative publicity generated from permanent businesses concerned about the impact on their business.  Overall, the consequence of this risk is considered ‘Minor’ and the likelihood considered ‘Likely’, giving rise to an overall risk rating of ‘Moderate’.

 

There is no real way to mitigate this risk, however the potential benefits in terms of place activation and increased economic activity is considered to outweigh the risk.

 

STRATEGIC IMPLICATIONS  

 

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

 

Effective communication

 

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

 

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

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council endorses the amended Trading in Public Places policy as shown in Attachment 2 for the purposes of seeking public comment for a period of 28 days.

 

Cr Mitchell moved an alternative motion.

Council Resolution:

Moved: Cr C Mitchell                                               Seconded: Cr B Rudeforth

 

That Council endorses the amended Trading in Public Places policy as shown in Attachment 2 for the purposes of seeking public comment for a period of 28 days, commencing in February.

CARRIED UNANIMOUSLY 6/0

 

Reason:

To clarify that the consultation process will occur after the December-January holiday period.

 

Attachments

1.

Trading in Public Places Policy - amendments shown as tracked changes

2.

Trading in Public Places Policy - tracked changes accepted

3.

Town Beach Reserve 31340

4.

Broome Recreation and Aquatic Centre

5.

Cable Beach Foreshore Reserve and adjacent road reserve

6.

Tanami Park and adjacent road reserve

7.

Chinatown

  


Item 9.3.2 - INTRODUCTION OF TRADING NODES THROUGH THE TRADING IN PUBLIC PLACES POLICY

 

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Item 9.3.2 - INTRODUCTION OF TRADING NODES THROUGH THE TRADING IN PUBLIC PLACES POLICY

 

 

DEVELOPMENT SERVICES                                             4.2.15

Health Services

 

TITLE:

TRADING IN PUBLIC PLACES

ADOPTED:

OCM 15 December 2016 – Pages 544 - 549

REVIEWED:

 

ASSOCIATED LEGISLATION:

Trading, Outdoor Dining and Street Entertainment Local Law 2003

Local Government Property and Public Places Local Law 2012

ASSOCIATED DOCUMENTS:

 Local Planning Policy 8.3 Outdoor Dining

 

REVIEW RESPONSIBILITY:

Manager Health, Emergency and Ranger Services

DELEGATION:

 

Previous Policy Number 4.2.12

 

 

Objective:

 

1.    To facilitate the assessment and approval of Trading Licences in accordance with the Trading, Outdoor Dining and Street Entertainment Local Law 2003 (Local Law).

2.    To maintain amenity, usability and public safety in public places.

3.    Promote fairness and certainty to traders, permanent businesses and the community in relation to trading in public places.

4.    Promote vibrancy of public places and economic development in the Shire of Broome.

5.    To protect Cable Beach as a highly valued environmental, cultural and social asset enjoyed by visitors and residents alike.

 

 

Definitions:

 

authorised person means a person appointed by the local government to perform all or any of the functions conferred on an authorised person under the Local Law.

 

camel operators means those persons associated with commercial camel activities, either as the owner, the licensee or an employee.

 

commercial camel activities means those activities associated with camel tours/rides on Cable Beach.

 

directly competing with means that both the proposed trading activity and the permanent business offer a type or category of good or service that is directly comparable, for example:

·     an ice cream van would be directly competing with an ice cream parlour;

·     a mobile food van selling coffee, cake and sandwiches would be directly competing with a café;

·     a mobile food van selling pizza would be directly competing with a pizza or Italian take away store/restaurant;

·     a stall offering massages would be directly competing with a massage parlour.

 

node means an area where trading activities can be undertaken in accordance with clause 3.1(c) of this Policy.

 

permanent business means a business that operates from private property.

 

person or any word or expression descriptive of a person includes a public body, company, or association or body of persons, corporate or unincorporate.

 

private property means any real property, parcel of land or lot that has a separate certificate of title, which is in private ownership or the subject of a lease or agreement with a person or the local government enabling its use for private purposes and includes any building or structure thereon.

 

public place means any thoroughfare or place which the public are allowed to use, whether the thoroughfare or place is or is not on private property and includes parklands, squares, reserves, beaches and other lands set apart for the use and enjoyment of the public, including all land which belongs to or of which the local government is the management body under the Land Administration Act 1997 or which is an “otherwise unvested facility” within section 3.53 of the Act;

 

Related Entity Interest is defined in Schedule 4 of this Policy.

 

Shire means the Shire of Broome.

 

trader means the person/s who operate, or propose to operate, an activity subject to a Trading Licence granted in accordance with the Local Law, either as the owner, the holder of the Trading Licence or an employee.

 

trading includes:

(a)     the selling or hiring or, the offering for sale or hire of or the soliciting of orders for goods or services in a public place;

(b)     displaying goods in any public place for the purpose of:

(i)    offering them for sale or hire;

(ii)   inviting offers for their sale or hire;

(iii)  soliciting orders for their sale or hire; or

(iv)  carrying out any other transaction in relation to them; and

(c)     the going from place to place, whether or not public places, and:

(i)    offering goods or services for sale or hire; or

(ii)   inviting offers or soliciting orders for the sale or hire of goods or services, but does not include;

(d)     the delivery of pre ordered goods or services to the purchaser of those goods or services, or to the person nominated by the purchaser of those goods or  services to accept delivery, whether or not payment for those goods or services is made on delivery;

(e)     the taking of further orders for goods or services from the purchaser of the pre ordered goods or services, or from the person nominated by the purchaser of the pre ordered goods or services to accept delivery, when those orders are taken at the same time as the previous order is being delivered, whether or not payment is made for the further orders or the pre ordered goods or services at the time of the taking of the further orders;

(f)      the selling or the offering for sale of goods or services to, or the soliciting of orders for goods or services from a person who sells those goods or services;

(g)     the selling or the offering for sale or hire by a person of goods of her or his own manufacture or services which he or she provides; or

(h)     the selling or hiring or the offering for sale or hire of—

(i)    goods by a person who represents the manufacturer of the goods; or

(ii)   services by a person who represents a provider of the services,

which are only sold directly to consumers and not through a shop.

 

trading licence means a licence issued under the Local Law to carry on trading.

 

All other words and expressions used in this Policy have the meaning as defined in the Local Law.

 

 

Policy:

 

1.       The Local Law allows a person to apply for a licence to undertake a range of activities to either sell, offer for sale or hire goods and services to the public.  This Policy is made under the Local Law and provides additional information not outlined in the Local Law that applies specifically to trading licences.

 

2.       For the purposes of subclause 5.2.3 of the Local Law, a person/s will be exempted from holding a valid Trading Licence when carrying out trading in a public place where the trading is undertaken:

 

2.1     as part of an event or function approved in accordance with the Local Government Property and Public Places Local Law 2012; or

 

2.2     in accordance with an approval granted by the Shire under another written law.

 

3.       A trading licence will be issued for a trading activity where the following criteria are met:

 

3.1     the proposed trading activity does not occur within 300 metres of a permanent business that it would be directly competing with, unless:

(a)  the trading activity does not occur during the ordinary opening hours of the permanent business; or

(b)  the owners of the permanent business have provided their support in writing for the proposed trading activity; or

(c)  the activity occurs in a node identified in Schedule 5 of this Policy; or

(d)  Council decides that the proposed trading activity should be approved notwithstanding its proximity to the permanent business;

 

3.2     the location of the proposed trading area is suitable for the trading activity that is the subject of the application;

 

3.3     the trading will not have an unreasonable impact on other traders, permanent businesses, traffic flow, pedestrians or the public’s use of a public place;

 

3.4     the trading activity will not generate noise or disturbance that is likely to cause a nuisance to any person in the vicinity of the trader;

 

3.5     the trading activity is consistent with the zoning of the land in the Shire’s Local Planning Scheme, any existing use of the land and any management order for the land comprising the public place;

 

3.6     a Risk Management Plan has been completed for the proposed trading activity to the Shire’s satisfaction;

 

3.7     an Occupational Safety & Health Plan has been prepared for the proposed trading activity to the Shire’s satisfaction;

 

3.8     a business/operational plan has been prepared for the proposed trading activity to the Shire’s satisfaction, outlining how the proposed trading activity will be undertaken; and

 

3.9     the trader has other statutory approvals and accreditations applicable to the operation of the commercial activity, if required.

 

4.       Council may seek additional information from an applicant for a trading licence to facilitate the assessment of an application for a trading licence.

 

5.       Council may invite applications for trading licences for trading in a particular area or a specific type of trading activity and applications that are received will be assessed in accordance with the Local Law, this Policy and the criteria set out in Schedule 3 of this Policy.

 

6.       It will be a condition of any trading licence issued that:

 

6.1     The licensee is responsible for the repair, restoration or reinstatement of any damage to Shire property arising from the trading activity or caused by the customers of the trading activity. Such repair, restoration or reinstatement of damage must be carried out as directed by Council and to Council’s satisfaction.

 

6.2     The licensee obtains public liability insurance in accordance with subclause 8.6.1 of the Local Law, except that the value of the public liability insurance must be $10,000,000.

 

6.3     The placing of signs occurs only within the area approved for the trading activity, unless otherwise approved by Council.

 

7.       A trading activity must not:

 

7.1     involve the sale of offensive, illegal, prohibited, counterfeit or unauthorised goods, including goods bearing trademarks for which the person does not have a licence to sell;

 

7.2     adversely impact on:

(a)  traffic movement;

(b)  traffic safety;

(c)  traffic flow; or

(d)  cause a traffic hazard,

 

7.3     prevent access to a footpath;

 

7.4     erect signage, except in accordance with the Local Law or as approved in accordance with the trading licence; and

 

7.5     involve the connection to or utilisation of any Shire utilities without prior approval, unless otherwise approved as a condition of the trading licence.

 

8.       Council may seek to engage with the community and seek public comment in relation to an application for a Trading Licence if Council considers that it is desirable to do so in the circumstances.  Any submissions received by Council during the public comment period may be taken into account by Council in deciding whether to grant the trading licence applied for.

 

9.       An authorised person may direct the holder of a trading licence to stop doing anything which is contrary to the Local Law or a condition of the trading licence.  A person who is given such a direction by an authorised person must comply with that direction.

 

10.     The licensee must, during the period of the licence:

 

10.1   at the conclusion of each day the trading activity occurs, remove all and any refuse and litter associated with the operation of the trading activity and ensure the area in which the trading is undertaken is left in a clean and safe condition;

 

10.2   maintain and adhere to all plans, procedures, policies, licences and accreditations relevant to the trading activity; and

 

10.3   allow Shire officers to, upon request, inspect and verify that the plans, procedures, policies, licences and accreditation are current and are being complied with.

 

11.     Failure to comply with clause 10 of this Policy will be deemed to be a breach of the trading licence conditions for the purposes of clause 2.7(a) of the Local Law.

 

12.     For the purposes of subclause 2.7(f) of the Local Law, the failure of a licensee to undertake an activity approved by a trading licence for a period of 12 months is considered a ground upon which a trading licence should be cancelled.

 

13.     An annual fee will be payable for a trading licence, with payment due 1 August annually.

 

14.     All applicants for Trading Licences are advised of their right to object a decision made by the Shire.  In accordance with section 9.4 of the Local Government Act 1995, an affected person may object to a decision of local government and lodge an appeal to the decision by lodging an objection to the Shire within 28 days of the decision.

 

15.     Additional provisions that apply to trading activities on Cable Beach are outlined in Schedule 1 of this policy.

 

16.     Additional provisions that apply to commercial camel activities are outlined in Schedule 2 of this policy.

 

17.     Additional provisions that apply to trading activities undertaken in a node are outlined in Schedule 5 of this policy.

 

18.    

Schedule 1

 

 

Additional provisions for trading activities on Cable Beach

 

 

Additional provisions for trading activities on Cable Beach:

 

1.       A maximum of six trading licences will be granted for trading activities on Cable Beach.

 

2.       Trading licences, except for commercial camel activities, will only be issued:

 

2.1     for trading activities which support and are directly related to the recreational use and enjoyment of Cable Beach and its adjacent waters; and

 

2.2     for the section of Cable Beach:

(a)  between a point formed by the westerly prolongation of Murray Road to the low water mark and a point located 500 metres north of the vehicle entry ramp adjacent to the Broome Surf Club; and

(b)  between the high and low water mark.

 

3.       Council may decide to grant a trading licence for an activity even though:

 

3.1     six trading licences have already been granted for trading activities on Cable Beach;

 

3.2     the activity does not support and/or is not directly related to the recreational use and enjoyment of Cable Beach and its adjacent waters; and/or

 

3.3     the activity is proposed outside the section of Cable Beach specified in subclause 2.2,

 

where Council considers that there is sufficient merit in the proposed trading activity to justify its approval.

 

4.       A person must not hold more than one trading licence for a trading activity on Cable Beach at any time.

 

5.       Council may close Cable Beach to all activities, including trading activities, at any time.

 

6.       A licensee must have a valid permit issued by the Shire’s Chief Executive Officer in accordance with the Control of Vehicles (Off Road Areas) Act 1960. The licensee must at all times comply with the requirements of that Act.

 


 

Schedule 2

 

Additional provisions for commercial camel activities on Cable Beach

 

 

Additional provisions for commercial camel activities on Cable Beach:

 

Trading licences for commercial camel activities generally

 

1.       A maximum of three trading licences will be granted for commercial camel activities on Cable Beach.

 

2.       A person must not hold more than one trading licence for a commercial camel activity at any time, and must not have a Related Entity Interest in respect of the holder of another trading licence for a commercial camel activity.

 

3.       Each camel operator must operate independently, unless otherwise approved as part of an event or function approval issued in accordance with the Local Government Property and Public Places Local Law 2012.

 

4.       Each trading licence will allow a maximum of 18 camels per operator on Cable Beach at any time, unless otherwise approved by the Shire for extraordinary circumstances, eg. cruise ships and corporate/conference functions.

 

5.       Trading licences for commercial camel activities on Cable Beach will be approved for ten years.

 

6.       The conditions of a trading licence issued for a commercial camel activity will be consistent with the provisions in Part 4 in Schedule 2 of the Local Government Property and Public Places Local Law 2012.

 

 

Area in which licences will be approved

 

7.       Commercial camel activities may be conducted on Cable Beach:

 

7.1     between:

 

(a)  a point formed by the westerly prolongation to the low water mark of the northern boundary of Reserve 36477; 

 

(b)  a point formed by the westerly prolongation to the low water mark of the Northern Boundary of Lot 405 Lullfitz Drive; and

 

(c)  the high and low water mark, and

 

7.2     within the set down/pick up area allocated or approved by Council, including land required to traverse from the area identified in subclause 7.1 to this allocated or approved set down/pick up area.

 

 

Requirements for commercial camel activities

 

8.       All commercial camel activities must be undertaken in accordance with the provisions in Part 4 in Schedule 2 of the Local Government Property and Public Places Local Law 2012.

 

9.       Camel operators must only set down/pick up customers for their camel train at the set down/pick up area allocated to the operator in the operator’s trading licence, except where otherwise approved by the Shire due to adverse environmental or other conditions making the designated set down area unsuitable.  A portable sign may be placed in the set down/pick up area allocated in the operator’s trading licence as follows:

 

9.1     the sign must not exceed one metre in height;

 

9.2     each advertising panel on the sign must not exceed 0.8 square metres;

 

9.3     the sign must only contain details relevant to the commercial camel activity;

 

9.4     the sign must not be placed in a way that causes interference or is hazardous to vehicular traffic or pedestrians;

 

9.5     the sign must be of sound construction and maintained in good condition; and

 

9.6     the sign must be removed at the end of each trading session.

 

10.     No commercial camel activities can be undertaken on Cable Beach between 10am and 2.30pm, unless otherwise approved by the Shire for extraordinary circumstances e.g. cruise ships and corporate/conference functions.  Any request to conduct commercial camel activities in between 10am and 2.30pm must be made in writing, and if approved will be for a maximum period of two hours between 10am and 2.30pm.

 

11.     A camel operator must hold current approval from the Shire to keep a large animal in accordance with the Health Local Laws 2006.

 

12.     A single temporary shade structure can be erected for each commercial camel activity, no more than 3 metres by 3 metres in size and erected soundly and securely so as not to cause a hazard.

 

13.     All camels must be fitted with manure collection devices.  Any manure that escapes a manure collection device must be collected immediately.

 

14.     Camel operators must ensure that there is at least 30 metres between each camel train at all times.

 

 


 

Activities that can be undertaken as part of a commercial camel activity

 

15.     The following activities may be undertaken in accordance with a trading licence issued for a commercial camel activity:

 

15.1   camel tours;

 

15.2   the taking and sale of photographs and camel memorabilia associated with the commercial camel activity to customers undertaking camel tours; and

 

15.3   the sale of bottled water.

 

16.     A camel operator must not facilitate the provision by any other business of any goods or services (eg. provision of food or drinks) to the operator’s customers on Cable Beach or any other public place, except for:

 

16.1   to facilitate the provision of medical or other emergency services to customers where required; and

 

16.2   as part of an event or function approved as in accordance with the Local Government Property and Public Places Local Law 2012.

 

 

General

 

17.     Council may close Cable Beach to all activities, including trading activities, at any time.

 

18.     Council may, at any time, direct that access to Cable Beach be obtained from an alternative location to that approved in the trading licence.

 

 

Advice notes for camel operators

 

The following advice notes are provided as recommendations to assist camel operators in providing for a safe and professional service to customers. It should be noted that in providing this advice, the Shire accepts no responsibility for non-compliance of any occupational health and safety requirements or any other legislation.

 

A.      Informative introductory talks should be provided to customers covering all aspects of safety prior to clients commencing a camel ride.

 

B.      Camel operators should have a maintenance schedule to ensure all equipment used in association with the riding of camels is kept at a high standard.

 

C.      Camel operators should have a system for the recording of any incidents or accidents that may occur in operation of the commercial camel activities.

 

D.      An employee induction process should be introduced for all employees.

 

E.       It is recommended that first aid training be provided to employees and that first aid kits are carried on the camel tours.

 

F.       A mobile phone should be carried on all camel tours to ensure communication in the event of an accident, or contact with Shire Officers if necessary.

 

G.     It is recommended that camel operators hold current tourism accreditation to support a high standard of practice within the camel industry in Broome.

 

H.      Camel operators should endeavor to meet with Shire Officers prior to each new tourist season to discuss both the previous and upcoming season’s activities and other matters relevant to the operation of camel tours.

 

DISCLAIMER: The above information provides readers with advice, guidance and/or recommendations regarding specific operational conduct. The advice, guidance and/or recommendations contained herein do not constitute legal advice, and are not intended as an exhaustive statement of measures that should be undertaken to discharge the operator’s duty of care to clients and the public.

 


 

Schedule 3

 

Clause 4 - Criteria for assessing applications for a trading licence

 

 

Where Council has invited applications for trading licences for trading in a particular area or a specific type of trading activity, the application will be assessed against the following criteria:

 

1.       Compliance of the application with the criteria in clause 3 of this Policy.

 

2.       Compliance of the application with the Local Law.

 

3.       Experience of the applicant in conducting the activity the subject of the application, or other similar operations.

 

4.       Experience of staff and key personnel that will be involved in the conduct of the activity in conducting the activity the subject of the application, or other similar operations.

 

5.       Provision of three referees who can be contacted by the Shire about previous experience in conducting the activity the subject of the application, or other similar operations.

 

 


 

Schedule 4

 

Definition of Related Entity Interest

 

 

A person has a Related Entity Interest in relation to another commercial camel activity if any of the following applies:

 


Where both parties are natural persons

Where both parties are corporations

Where one party is a natural person and the other is a corporation

(a)  Partnership or joint venture.

(b)  Trustee/beneficiary.

(c)  Trustee/potential object of a discretionary trust.

(d)  Spouses or de facto partners living together.

(e)  Parent/child living together.

(f)   A person’s spouse, de facto partner or child living with the person, has a relationship of any of categories (a) - (c) to the other party.

 

(a)   Related corporations including parent/subsidiary companies and companies in the same corporate group.

(b)   Corporations in partnership or joint venture.

(c)   Except in the case of a publicly-listed company, corporations (other than community associations or clubs) with any degree of common membership.  Membership means:

(i)    Directors;

(ii)   Shareholders;

(iii)  Unit holders;

(iv)  Beneficiaries of trusts administered by unit holders;

(v)  Potential objects of such trusts.

(vi)  Spouse, de facto partner or child of any of categories (i) - (v).

        Persons need not be members of the two corporations in the same capacity.

 

(a)    Partnership or joint venture.

 (b)   Trustee/beneficiary.

(c)    Trustee/potential object of a discretionary trust.

(d)    Directorship.

(e)    Shareholding.

(f)     Unit holding.

(g)    Spouse, de facto partner or child living with the natural person party is in any of relationships (a) - (f) with the corporate party.

 

 


 

Schedule 5

 

Clauses 3.1(c) and 17 – Trading activity nodes

 

 

1.       Trading activities may be established within the following nodes in Broome:

 

1.1       Town Beach Reserve 31340

 

1.2       Broome Recreation and Aquatic Centre (Reserve 42502)

 

1.3       Cable Beach Foreshore (Reserve 36477 and adjacent Cable Beach Road West Road Reserve)

 

1.4       Tanami Park (Reserve 51243 and adjacent road reserve)

 

1.5       Chinatown.

 

2.       The following additional provisions apply to trading activities in a node:

 

2.1     Up to three trading activities will be allowed to occur at any one time within a node, except for Chinatown;

 

2.2     Trading licences will only be issued for trading activities in Chinatown following an expressions of interest process, whereby Council invites applications for trading activities in Chinatown in accordance with Clause 5 of this Policy;

 

2.4     Notwithstanding clause 12 of this Policy, for the purposes of subclause 2.7(f) of the Local Law, the failure of a licensee to undertake an activity approved by a trading licence in a node for a period of 3 months is considered a ground upon which a trading licence may be cancelled;

 

2.5     Trading licences are site specific, and trading will be limited to the locations/nodes specified in a trading licence;

 

2.6     Trading licences may specify certain days or hours within which a trading activity may operate within a node; and

 

2.7     Applications for trading licences in the nodes will be assessed against the additional criteria in clause 3 of this Schedule.

 

3.       The following additional criteria apply to the assessment of trading licence applications for trading activities in the nodes:

 

3.1     The vehicle or structure used for the trading activity must be well presented and provide a high level of visual appeal.

 

3.2     The trading activity must not detract from the visual or general amenity of the surrounding area.

 

3.3     The trading activity will support the vibrancy and/or enhance the use of an area by persons working or visiting the node.

 

3.4     The trading activity will result in a diversity or enhancement of offerings/experiences available within the node.

 

 

 

 

 


Item 9.3.2 - INTRODUCTION OF TRADING NODES THROUGH THE TRADING IN PUBLIC PLACES POLICY

 

 


Item 9.3.2 - INTRODUCTION OF TRADING NODES THROUGH THE TRADING IN PUBLIC PLACES POLICY

 

 


Item 9.3.2 - INTRODUCTION OF TRADING NODES THROUGH THE TRADING IN PUBLIC PLACES POLICY

 

 


Item 9.3.2 - INTRODUCTION OF TRADING NODES THROUGH THE TRADING IN PUBLIC PLACES POLICY

 

 



MinutesOrdinary Meeting of Council 14 December 2017                                                                   Page 711 of 1354

 

 

The Chairman advised that a revised Attachment 1 was circulated prior to the meeting, with a proposed closing date for applications of 16 March 2018.

9.3.3      ECONOMIC EVENTS AND TOURISM DEVELOPMENT FUNDING PROGRAM

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           FIS10

AUTHOR:                                                   Events and Economic Development Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    23 November 2017

 

SUMMARY:         This report seeks Council’s consideration of the implementation of an Economic, Events and Tourism Development Funding Program. The Program has been developed to provide support to eligible projects, activities and events which deliver tangible outcomes for the local government area and align with the Shire’s Strategic Community Plan 2017 – 2027.

 

 

BACKGROUND

 

Previous Considerations

 

Nil.

 

COMMENT

 

Review of Shire of Broome Community Funding

Officers have undertaken a review of the Shire of Broome’s cash and in-kind sponsorship through established funding programs and other agreements. The intent of the review was to analyse the current sponsorship model and identify opportunities for streamlining and improvement – for Council, administration, applicants and recipients. Processes were also examined to determine the current levels of accessibility, transparency and clarity.

Current Funding Model

The Shire has a number of funding streams whereby initiatives with a demonstrable local benefit are supported on a one or three-year basis.  These are as follows:

 

·    Community Sponsorship Annual Round, including Energy Developments Limited (EDL) West Kimberley Community Donations

·    Community Sponsorship Ad Hoc

·    Broome North Community Building Grants

·    Tourism Administration Policy

·    CEO Discretionary Fund

 

While there are several clearly defined opportunities to seek funding from the Shire, an increasing number of unsolicited or ad hoc requests are also received each year outside of established funding rounds. Some of these additional requests are based on historical partnerships, or fall outside of the current funding framework.

 

 

 

Key Findings

 

The follow key findings were identified as part of the review:

 

1.   Over the last financial year, the Shire provided over $500,000 of funding support to community and other organisations by way of cash and in-kind support, with $212,390 of this funding falling outside of the formal funding streams and with the agreements spanning over multiple years.

2.   The review clearly identified that the current funding streams, guidelines and processes are not accommodating the variety of requests and requirements of funding applicants. The Shire has traditionally entered into stand-alone agreements for these applications if they are approved.

3.   While there are several clearly defined opportunities to seek funding from the Shire, an increasing number of unsolicited or ad hoc requests are also received each year outside of established funding rounds. Some of these additional requests are based on historical partnerships, or fall outside of the current funding framework.

 

Options

 

The following options were considered to improve the current funding model to ensure that it is fair, transparent, accessible and equitable for all potential applicants. Continuing with the status quo was not considered as a solution.

 

Officers are recommending Option 2 and the development of the new Economic, Events and Tourism Development Funding Program, to be implemented as an annual round, with the first round being launched in January 2018.

 

Option 1

 

Revise the existing funding streams to broaden the scope, total funding pool and eligibility criteria for each. This may be at the expense of the current streams by diluting the aims and intended outcomes outlined in the current format. Officers believe this approach would not result in more clarity for applicants, and made pose further administrative challenges to manage.

 

Option 2

 

Develop a new funding stream that has the capacity to encompass initiatives and programs that would not currently fit within the existing formal funding streams.  The focus of this stream would be economic development initiatives, and also encapsulate events and tourism projects. The intent would be to the develop the stream based on historical and ad hoc requests which demonstrate gaps in the current framework.

 

Option 3

 

Consider partnerships with other key stakeholders to increase total funding pool, and develop strategic relationships. This has the potential to increase the level of investment that would be available to provide support for programs and initiatives that have demonstrable local benefit without increasing the demand on municipal funds. While this approach would allow the Shire and potential partners to support a larger number of initiatives and outcomes, it would not necessarily result in better outcomes without combining with either of the options outlined above.

 

 

Economic, Events and Tourism Development Funding Program

 

It is proposed that the funds required to establish this stream of funding would be drawn from municipal funds and the Tourism Administration Policy(TAP) budget. 

The municipal funds would be the equivalent amount currently allocated by Council for this purpose being $192,000. A break down of cash and in-kind components is included in the financial implications section of this report. It is proposed that remaining funds from annual allocations under TAP are used as a top up to this funding program. Based on the FY2016/17 allocations under the TAP, this amount would be approximately $40,000 – equating to a total pool of $232,000.

Key elements of the new funding program are as follows:

1.   Guiding Principles

 

The Shire of Broome will endeavour to provide support to projects, activities and events that are consistent with the values and strategies contained within the Shire of Broome Strategic Community Plan 2017-2027, Shire of Broome Events Strategic Development Plan and Shire of Broome Major Events Strategy.

 

Projects or activities supported by the Shire of Broome Economic, Events and Tourism Development Funding Program need to address at least one of the following objectives:

·    Economic Development

·    Events delivery or development

·    Tourism Development

 

2.   Eligibility

 

·    Applicants must be based within the Shire of Broome.

·    Priority is given to local organisations, however organisations based outside the Shire of Broome may partner with a local organisation to submit an application on their behalf.

·    An incorporated body or a sponsor organisation may be nominated to be responsible for the legal contractual arrangements and holding bank accounts in its name.

 

3.   Annual funding submissions to be considered

 

·    For a maximum of $70,000 cash

·    In-kind support to of maximum value of $30,000 inclusive of 15% for officer time for administration

·    The total not to exceed 50% of the total project cost

·    Consideration will be given of one, or two-year agreements

 

4.   Anticipated Benefits

 

·    Guidelines developed to ensure a fair, transparent, accessible and equitable process for all applicants

·    Clear application, assessment and approvals process

·    Improved outcomes and value for Shire funding

·    Alignment with Shire Strategies and Integrated Planning Framework

·    Clear recognition and reporting requirements for funding recipients

·    Opportunity for collection of statistical data from funding recipients for use by the Shire

 

5.   Implementation

 

The funding program will be supported by the following documentation, which has been based on the current requirements for the Community Sponsorship Program:

 

·    Guidelines (Attachment 1)

·    Application Form

·    Acquittal Template

 

The process for administering the funding stream will include the following steps:

·    An advertising and marketing campaign will be undertaken to ensure the available funding reaches as many potential applicants as possible

·    Application period open for a period of 8 weeks

·    Officers receipt and compile applications and prepare a report

·    Report reviewed by the Economic Development Advisory Committee and a recommendation made to Council

·    Council consideration and notification of successful applicants

 

These key elements are outlined in the Guidelines included in Attachment 1

 

Summary

 

Therefore, Officers are recommending the establishment of the new funding program as outlined in Option 2 and in accordance with the Guidelines in Attachment 1. The first round of the new funding program will be launched in January 2018 and is considered to provide for a more streamlined, transparent and consistent framework for allocating the funds available.

 

CONSULTATION

 

A Councillor Workshop was held on 22 November 2017 (attended by Councillors Harold Tracey, Desiree Male, Mala Fairborn, Warren Fryer, Chris Mitchell and Philip Matsumoto).

 

Discussions regarding the proposed changes have been held with members of the Economic Development Advisory Committee and current/future funding recipients. 

 

STATUTORY ENVIRONMENT

 

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; or

 (b) is authorised in advance by resolution*; or

 (c) is authorised in advance by the mayor or president in an

emergency.

 * Absolute majority required.

 

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; or

 (b) is authorised in advance by resolution*; or

 (c) is authorised in advance by the mayor or president in an emergency.

 * Absolute majority required.

 

6.10. Financial management regulations may provide for —

 (a) the security and banking of money received by a local government; and

 (b) the keeping of financial records by a local government;

and

 (c) the management by a local government of its assets, liabilities and revenue; and

 (d) the general management of, and the authorisation of payments out of

 (i) the municipal fund; and

 (ii) the trust fund,

 of a local government.

Local Government (Financial Management) Regulations 1996

11. Payments, procedures for making etc.

 (1) A local government is to develop procedures for the authorisation of, and the payment of, accounts to ensure that there is effective security for, and properly authorised use of —

 (a) cheques, credit cards, computer encryption devices and passwords, purchasing cards and any other devices or methods by which goods, services, money or other benefits may be obtained; and

(b) petty cash systems.

 (2) A local government is to develop procedures for the approval of accounts to ensure that before payment of an account a determination is made that the relevant debt was incurred by a person who was properly authorised to do so.

 (3) Payments made by a local government —

 (a) subject to sub regulation (4), are not to be made in cash;

and

 (b) are to be made in a manner which allows identification

of —

 (i) the method of payment; and

 (ii) the authority for the payment; and

 (iii) the identity of the person who authorised the payment.

 

POLICY IMPLICATIONS

 

Tourism Administration Policy

 

FINANCIAL IMPLICATIONS

The funds required to support the new funding stream will be informed by current agreements and be consolidated in the one stream. No increase in the total amount budgeted across the various accounts is proposed.

Of the Shire’s current MOUs for sponsorship, only one will remain until next year (Broome Stallholders Association) which will marginally affect the amount available for the FY 2018/19 round.

 

Funding Type

Funding

Total

Account Number

Cash

In Kind

Committed (Broome Stallholders)

$13,910

$21,623

$35,533

116184

Available Budget

$91,090

$65,377

$156,467

116184, 116185,
22174

Budget (TAP Balance Indicative)

$40,000

 

$40,000

132060

TOTAL

$145,000

$87,000

$232,000

 

 

RISK

 

Officers consider the creation of the new funding stream will have the effect of reducing risk for the Shire by creating a process that is fair, transparent, accessible and equitable for all potential applicants. The creation of guidelines will ensure officers can determine the eligibility of each application with consistency, in turn reducing the amount of time required to undertake the assessment process. 

 

Recommendations from the Economic Development Advisory Committee prior to Council consideration would provide an extra level of community and stakeholder input in the final decision-making process.

 

STRATEGIC IMPLICATIONS  

 

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

 

Effective communication

 

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

 

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

 

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

 

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

 

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

 

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

 

Responsible resource allocation

 

Effective community engagement

 

Improved systems, processes and compliance

 

VOTING REQUIREMENTS

Absolute Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Marriott                                               Seconded: Cr C Mitchell

That Council endorses the creation of the Economic, Events and Tourism Development Funding Program and:

(a)    Adopts the Economic, Events and Tourism Development Funding Program Guidelines as shown in Attachment 1.

(b)    Considers allocating a total budget of $192,000 ($105,000 cash and $87,000 in kind) for distribution through the Funding Program as part of the 2018/19 budget process.

(c)    Endorses the allocation of remaining funds in accordance with the Tourism Administration Policy to the Economic, Events and Tourism Development Funding Program.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 6/0

 

Attachments

1.

Economic Events and Tourism Development Funding Program Guidelines

  


Item 9.3.3 - ECONOMIC EVENTS AND TOURISM DEVELOPMENT FUNDING PROGRAM

 

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator

 


 

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 14 December 2017                                                                   Page 725 of 1354

 

 

9.4.1      MONTHLY PAYMENT LISTING - NOVEMBER 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 December 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 November 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 November 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 sub regulation (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.

 

Payments can also be analysed as follows:

 

 

The above graph shows the percentage of local spend in comparison to non-local and recoupable spend for the month of November 2017 after personnel payments have been removed.

 

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:

(Report Recommendation)

Moved: Cr B Rudeforth                                             Seconded: Cr C Mitchell

That Council receives the list of payments made from the Municipal and Trust Accounts in November 2017 totalling $2,909,275.59 (Attachment 1) in accordance with the requirements of Regulation 12 of the Local Government (Financial Management) Regulations 1996 covering:

•     EFT Vouchers 42883 – 43267 totalling $2,659,636.37;

•     Municipal Cheque Vouchers 57492 – 57496 totalling $1,962.45;

•     Trust Cheque Voucher 3441 totalling $4,901.84;

•     Credit Card Payments & Municipal Direct Debits DD23514.1 – DD23515.5 totalling $242,774.93; and

•     Notes the local spend included in the amount above totals $747,470.49, 35% of total payments excluding personnel costs.

CARRIED UNANIMOUSLY 6/0

 

Attachments

1.

Payment Listing November 2017

  


Item 9.4.1 - MONTHLY PAYMENT LISTING - NOVEMBER 2017

 

 

 

Part 5. Division 4. Section 5.42 Delegation of some powers to CEO. Sub Section Finance

Management Regulation 12.

Each payment must show on a list the payees name, the amount of the payment, the date of

the payment and sufficient information to identify the transaction.

This report incorporates the Delegation of Authority (Administration Regulation 19)

PAYMENTS BY EFT & CHEQUE & FROM TRUST - NOVEMBER 2017

 

MUNICIPAL ELECTRONIC TRANSFER - NOVEMBER 2017

 

EFT

 Date

 Name

 Description

 Amount

Del Auth

EFT42883

02/11/2017

ALISON LOUISE MORRIS

Reimbursement of expenses- Library

100.10

MFS

EFT42884

02/11/2017

AVANTGARDE TECHNOLOGIES

State CCTV (RFQ16-63)- IT

138374.59

MFS

EFT42885

02/11/2017

AVERY AIRCONDITIONING P/L

Air conditioner- Administration office

1898.29

MFS

EFT42886

02/11/2017

BROOME CAMPUS NORTH REGIONAL TAFE

Staff training- HR

2700.00

MFS

EFT42887

02/11/2017

BROOME DIESEL & HYDRAULIC SERVICE

Vehicle parts- Workshop

334.40

MFS

EFT42888

02/11/2017

BROOME DOCTORS PRACTICE P/L

Recruitment expenses- HR

429.00

MFS

EFT42889

02/11/2017

BROOME LOCAL REMOVALS AND TRANSPORT

Community storage relocation- Property

1210.00

MFS

EFT42890

02/11/2017

BROOME SCOOTERS P/L (KIMBERLEY MOWERS & SPARES)

Equipment maintenance & repairs- Workshop

507.50

MFS

EFT42891

02/11/2017

CARPET PAINT & TILE CENTRE

Paint- Depot

29.70

MFS

EFT42892

02/11/2017

CLARK EQUIPMENT SALES P/L

Vehicle parts- Workshop

1365.40

MFS

EFT42893

02/11/2017

COUNTRY ARTS WA INC

Performance production expenses- Civic Centre

2882.00

MFS

EFT42894

02/11/2017

DEPT OF THE PREMIER & CABINET

Advertising- Health

182.37

MFS

EFT42895

02/11/2017

DEPT OF TRANSPORT

Vehicle search fees- Rangers

1105.50

MFS

EFT42896

02/11/2017

DEWA'S MOBILE KITCHEN

Catering for OMC- Office of the CEO

325.00

MFS

EFT42897

02/11/2017

DIRECTCOMMS P/L

SMS messaging service- Library

667.70

MFS

EFT42898

02/11/2017

EVOLVEPLUS P/L

IT purchases- Library

1716.00

MFS

EFT42899

02/11/2017

FOOTPRINT CLEANING

Cleaning services- Various Shire sites

6594.50

MFS

EFT42900

02/11/2017

G. BISHOPS TRANSPORT SERVICES P/L

Freight- Depot

125.00

MFS

EFT42901

02/11/2017

GEOGRAFIA P/L

Local Commercial Strategy- Planning

19757.10

MFS

EFT42902

02/11/2017

KIMBERLEY FUEL & OIL SERVICES

Transmission oil & grease- Workshop

5593.50

MFS

EFT42903

02/11/2017

KOMATSU AUSTRALIA P/L

Vehicle parts- Workshop

283.24

MFS

EFT42904

02/11/2017

LACHLAN STUART FRASER

Laneway enhancement project- Chinatown Revitalisation

7122.50

MFS

EFT42905

02/11/2017

ANGELA YVONNE PATTERSON

Swimming lesson instructor- BRAC

300.00

MFS

EFT42906

02/11/2017

JOHNNY CHI LANE (TRUSTEE FOR THE R W BOND FAMILY TRUST)

Laneway enhancement project- Chinatown Revitalisation

20000.00

MFS

EFT42907

02/11/2017

KGT Employment

Apprentice wages- Workshop

2224.00

MFS

EFT42908

02/11/2017

LAIRD TRAN STUDIO

Consultant expenses- KRO

272.25

MFS

EFT42909

02/11/2017

MOORE STEPHENS (WA) P/L

Outgoings Audit 16/17- KRO

2640.00

MFS

EFT42910

02/11/2017

NORTH WEST COAST SECURITY

Security services- Various Shire sites

9568.36

MFS

EFT42911

02/11/2017

NORTH WEST LOCKSMITHS

Reactive maintenance- Waste Management Facility

110.00

MFS

EFT42912

02/11/2017

OHURA CONSULTING

Indoor EBA consultancy- HR

6225.90

MFS

EFT42913

02/11/2017

SEAT ADVISOR P/L

Operational expenses- Civic Centre

71.61

MFS

EFT42914

02/11/2017

SECUREX SECURITY P/L

Service call & battery- Civic Centre

285.00

MFS

EFT42915

02/11/2017

SGL CONSULTING GROUP AUSTRALIA P/L

Consultant fees (RFQ 17-39)- BRAC

11000.00

MFS

EFT42916

02/11/2017

SHOPPING EXPRESS P/L

Equipment- IT

912.75

MFS

EFT42917

02/11/2017

STEVEN JOHN HARDING

Reimbursement of expenses- Infrastructure

200.00

MFS

EFT42918

02/11/2017

STRATCO WA P/L

Materials- Depot

616.02

MFS

EFT42919

02/11/2017

T - QUIP

Vehicle parts- Workshop

271.20

MFS

EFT42920

02/11/2017

TAPPED PLUMBING & GAS P/L

Plumbing repairs & maintenance- Cable Beach Toilet

1914.00

MFS

EFT42921

02/11/2017

THOMSON REUTERS (PROFESSIONAL) AUSTRALIA LTD

Training & Consultation- HR

1173.70

MFS

EFT42922

02/11/2017

WEST COAST ON HOLD

Messages on hold- Media

69.00

MFS

EFT42923

02/11/2017

WALGA

Procurement services- Office of the CEO

9943.80

MFS

EFT42924

02/11/2017

WILLIAM LIAU

Reimbursement of expenses- Property

120.00

MFS

EFT42925

02/11/2017

AARLI BAR

CIDC activation initiative grant funding- Chinatown revitalisation

6244.95

MFS

EFT42926

02/11/2017

APRA

License fees- Civic Centre

550.66

MFS

EFT42927

02/11/2017

BROOME FREIGHTLINES

Freight- Workshop

154.84

MFS

EFT42928

02/11/2017

CHRISSY LEE CARTER

Face painting- Chinatown late night trading

440.00

MFS

EFT42929

02/11/2017

FIRE & SAFETY SERVICES

Fire equipment monthly testing- Depot

352.00

MFS

EFT42930

02/11/2017

KIMBERLEY DISTRIBUTORS

Kiosk stock- BRAC

1217.26

MFS

EFT42931

02/11/2017

LGIS RISK MANAGEMENT

OSH audit process- HR

7700.00

MFS

EFT42932

02/11/2017

MERCURE BROOME

Consultant accommodation- Growth Plan & regional airfares

398.00

MFS

EFT42933

02/11/2017

MICHAEL PETER STEPHENS

Entertainment- Chinatown late night trading

1850.00

MFS

EFT42934

02/11/2017

PINDAN LABOUR SOLUTIONS P/L

Temporary staff- BRAC & HR

4564.62

MFS

EFT42935

02/11/2017

THE WORKWEAR GROUP (NNT)

Staff uniform- HR

152.90

MFS

EFT42936

02/11/2017

VIVA ENERGY AUSTRALIA

Fuel card purchases- Infrastructure

144.83

MFS

EFT42937

03/11/2017

SALARY & WAGES

Payroll S & W

27751.00

MFS

EFT42938

03/11/2017

TOTALLY WORKWEAR

Staff uniform- HR

37.40

MFS

EFT42939

03/11/2017

TOXFREE

Kerbside Recycling Collection (Contract 14/01)- Waste Management Facility

100446.66

MFS

EFT42940

09/11/2017

ADVANCED ELECTRICAL EQUIPMENT P/L

Equipment- P&G

19.36

MFS

EFT42941

09/11/2017

AVANTGARDE TECHNOLOGIES

CCTV upgrade (RFQ17-34)- BRAC

31377.50

MFS

EFT42942

09/11/2017

AVELING

Records awareness training- HR

3300.00

MFS

EFT42943

09/11/2017

AVERY AIRCONDITIONING P/L

Airconditioning maintenance- KRO, KRO2 & Library

1650.00

MFS

EFT42944

09/11/2017

BP AUSTRALIA P/L - FUEL

Unleaded fuel- Depot

17473.57

MFS

EFT42945

09/11/2017

EVENTPRO SOFTWARE

Licensing- IT

1472.90

MFS

EFT42946

09/11/2017

HERBERT SMITH FREEHILLS

Legal expenses- Matter no's 82466596 & 82654847

2876.75

MFS

EFT42947

09/11/2017

HORIZON POWER

Electricity charges

73166.03

MFS

EFT42948

09/11/2017

HORIZON POWER

Street lighting- Infrastructure

74908.80

MFS

EFT42949

09/11/2017

REDWAVE MEDIA P/L

Radio commercials- Chinatown Revitalisation

1078.00

MFS

EFT42950

09/11/2017

SHINJU MATSURI INC COMMITTEE

Grant funding- Pearl Harvest party

1750.00

MFS

EFT42951

09/11/2017

TELSTRA

Phone charges

414.56

MFS

EFT42952

09/11/2017

THE WORKWEAR GROUP (NNT)

Staff uniform- HR

1273.71

MFS

EFT42953

09/11/2017

TNT EXPRESS

Freight- Health & Workshop

812.11

MFS

EFT42954

09/11/2017

TOTALLY WORKWEAR

Staff uniform- HR

239.40

MFS

EFT42955

09/11/2017

BROOME BUILDERS P/L

Office fit out (RFQ17-72)- Property

14432.00

MFS

EFT42956

09/11/2017

KIMBERLEY MOWERS & SPARES

Equipment repairs- P&G

435.60

MFS

EFT42957

09/11/2017

BROOME SMALL MAINTENANCE SERVICES

Maintenance- Administration building

208.00

MFS

EFT42958

09/11/2017

CT MECHANICAL & SERVICES

Plant servicing- WMF

924.00

MFS

EFT42959

09/11/2017

DATA#3 LIMITED

Microsoft Office 365- IT

2814.46

MFS

EFT42960

09/11/2017

FORPARK AUSTRALIA

Park furniture- Palmer Road

1170.40

MFS

EFT42961

09/11/2017

G. BISHOPS TRANSPORT SERVICES P/L

Freight- Depot

434.70

MFS

EFT42962

09/11/2017

HARVEY NORMAN

Equipment- IT

150.00

MFS

EFT42963

09/11/2017

HIRE A HUBBY BROOME

Maintenance- BRAC

88.00

MFS

EFT42964

09/11/2017

KIMBERLEY BOOKSHOP

Books- Library

29.99

MFS

EFT42965

09/11/2017

KIMBERLEY DISTRIBUTORS

Kiosk stock- BRAC

384.90

MFS

EFT42966

09/11/2017

KIMBERLEY FUEL & OIL SERVICES

Various oils & coolant- WMF

1276.00

MFS

EFT42967

09/11/2017

KIMBERLEY SIGNS & DESIGNS

Signage- Town Beach

467.50

MFS

EFT42968

09/11/2017

KIMBERLEY WASHROOM SERVICES

Sanitary waste removal- Various Shire sites

840.00

MFS

EFT42969

09/11/2017

M KELLY AIRCONDITIONING

Airconditioning maintenance- Depot

617.10

MFS

EFT42970

09/11/2017

MARKET CREATIONS

Annual report design- Governance

1430.00

MFS

EFT42971

09/11/2017

MERCURE HOTEL - PERTH

Shire staff accommodation- Office of the CEO

800.00

MFS

EFT42972

09/11/2017

PEARL COAST INDUSTRIAL RAGS

Rags- Depot

263.40

MFS

EFT42973

09/11/2017

PINDAN LABOUR SOLUTIONS P/L

Temporary Shire staff- BRAC & HR

3834.97

MFS

EFT42974

09/11/2017

POOL WISDOM

Chlorine- BRAC

940.06

MFS

EFT42975

09/11/2017

SALVATORE MASTROLEMBO

Reimbursement- various expenditure

1627.92

MFS

EFT42976

09/11/2017

SEAMLESS CMS P/L

Annual licence agreement (RFQ16-30)- IT

25712.50

MFS

EFT42977

09/11/2017

SPORTSPOWER BROOME

Sports Equipment- BRAC

312.00

MFS

EFT42978

09/11/2017

T - QUIP

Vehicle parts- Workshop

191.70

MFS

EFT42979

09/11/2017

TAPPED PLUMBING & GAS P/L

Maintenance- Staff housing

207.90

MFS

EFT42980

09/11/2017

THOMSON REUTERS (PROFESSIONAL) AUSTRALIA LTD

Training & Consultation- HR

1173.70

MFS

EFT42981

09/11/2017

TRADELINK PLUMBING SUPPLIES

Consumables- Depot

80.12

MFS

EFT42982

09/11/2017

TROPPO SOUND

Lighting- Chinatown late night trading

2750.00

MFS

EFT42983

09/11/2017

WILD MANGO CAFE

Catering Councillors workshop & CEO15 - Office of the CEO

327.30

MFS

EFT42984

09/11/2017

SHIRE OF BROOME

BCITF commission October 17

74.25

MFS

EFT42985

09/11/2017

BUILDING COMMISSION

BSL levy- October 17

4884.67

MFS

EFT42986

09/11/2017

SHIRE OF BROOME

BSL commission- October 2017

110.00

MFS

EFT42987

09/11/2017

SALARY & WAGES

Payroll S & W

324842.00

MFS

EFT42988

09/11/2017

SALARY & WAGES

Payroll S & W

225.00

MFS

EFT42989

09/11/2017

SALARY & WAGES

Payroll S & W

1039.90

MFS

EFT42990

09/11/2017

ATO

PAYG

125017.11

MFS

EFT42991

09/11/2017

SALARY & WAGES

Payroll S & W

380.00

MFS

EFT42992

09/11/2017

SALARY & WAGES

Payroll S & W

580.00

MFS

EFT42993

09/11/2017

SALARY & WAGES

Payroll S & W

500.00

MFS

EFT42994

09/11/2017

SALARY & WAGES

Payroll S & W

720.00

MFS

EFT42995

09/11/2017

SALARY & WAGES

Payroll S & W

550.00

MFS

EFT42996

09/11/2017

SALARY & WAGES

Payroll S & W

386.39

MFS

EFT42997

09/11/2017

SALARY & WAGES

Payroll S & W

1162.86

MFS

EFT42998

09/11/2017

SALARY & WAGES

Payroll S & W

500.00

MFS

EFT42999

09/11/2017

SALARY & WAGES

Payroll S & W

364.00

MFS

EFT43000

09/11/2017

SALARY & WAGES

Payroll S & W

1829.87

MFS

EFT43001

09/11/2017

SALARY & WAGES

Payroll S & W

420.00

MFS

EFT43002

09/11/2017

SALARY & WAGES

Payroll S & W

667.21

MFS

EFT43003

09/11/2017

SALARY & WAGES

Payroll S & W

761.31

MFS

EFT43004

09/11/2017

SALARY & WAGES

Payroll S & W

540.18

MFS

EFT43005

09/11/2017

SALARY & WAGES

Payroll S & W

790.33

MFS

EFT43006

09/11/2017

SALARY & WAGES

Payroll S & W

400.00

MFS

EFT43007

09/11/2017

SALARY & WAGES

Payroll S & W

637.37

MFS

EFT43008

09/11/2017

SALARY & WAGES

Payroll S & W

19.40

MFS

EFT43009

09/11/2017

SALARY & WAGES

Payroll S & W

175.00

MFS

EFT43010

09/11/2017

SALARY & WAGES

Payroll S & W

450.00

MFS

EFT43011

09/11/2017

SALARY & WAGES

Payroll S & W

625.72

MFS

EFT43012

09/11/2017

SALARY & WAGES

Payroll S & W

340.00

MFS

EFT43013

09/11/2017

SALARY & WAGES

Payroll S & W

549.52

MFS

EFT43014

09/11/2017

SALARY & WAGES

Payroll S & W

305.77

MFS

EFT43015

09/11/2017

SALARY & WAGES

Payroll S & W

662.65

MFS

EFT43016

09/11/2017

CATHERINE MARRIOTT

Councillor sitting fees & allowances

4013.04

MFS

EFT43017

09/11/2017

DESIREE MALE

Deputy President sitting fees & allowances

6282.15

MFS

EFT43018

09/11/2017

HAROLD TRACEY

Shire President sitting fees & allowances

14224.12

MFS

EFT43019

13/11/2017

SALARY & WAGES

Payroll S & W

772.78

MFS

EFT43020

16/11/2017

AARLI BAR

Catering- Councillors

700.00

MFS

EFT43021

16/11/2017

ACCESS PROGRAMS AUSTRALIA LTD

Employee assistance program hours- HR

5032.50

MFS

EFT43022

16/11/2017

ADVANCED ELECTRICAL EQUIPMENT P/L

Globes- BRAC

1628.00

MFS

EFT43023

16/11/2017

APOLLO MEDICAL UNIT TRUST

Recruitment expenses- HR

220.00

MFS

EFT43024

16/11/2017

ACMA

License- IT

592.00

MFS

EFT43025

16/11/2017

AVERY AIRCONDITIONING P/L

Airconditioning maintenance- WMF

2266.00

MFS

EFT43026

16/11/2017

BOC LIMITED

Oxygen & Gas bottle hire- BRAC

96.01

MFS

EFT43027

16/11/2017

BRETTS PEST MANAGEMENT

Pest treatment- Administration Office

115.50

MFS

EFT43028

16/11/2017

BRIDGESTONE AUSTRALIA LTD

Tyres- Workshop

16.50

MFS

EFT43029

16/11/2017

BROOME PEST CONTROL

Ant treatment- Library

160.00

MFS

EFT43030

16/11/2017

CATALYSE RESEARCH & STRATEGY

Organisational survey- HR

5225.00

MFS

EFT43031

16/11/2017

CHINATOWN NEWSAGENCY

Daily Newspaper- Library

529.60

MFS

EFT43032

16/11/2017

COMFORT HOTEL PERTH CITY

Shire staff accommodation- Development & Community

125.00

MFS

EFT43033

16/11/2017

DEPT OF TRANSPORT

Vehicle search fees- Rangers

140.70

MFS

EFT43034

16/11/2017

DORMA AUTOMATICS P/L

Maintenance- Library

330.00

MFS

EFT43035

16/11/2017

EVENTPRO SOFTWARE

Licence renewal- IT

1472.90

MFS

EFT43036

16/11/2017

G. BISHOPS TRANSPORT SERVICES P/L

Freight- Infrastructure & Depot

265.95

MFS

EFT43037

16/11/2017

GEOFABRICS AUSTRALASIA P/L

Materials- Crab Creek Rd

1524.60

MFS

EFT43038

16/11/2017

HARVEY NORMAN

Cables & USB wall chargers- IT

489.00

MFS

EFT43039

16/11/2017

KGT Employment

Apprentice wages- Workshop

2869.68

MFS

EFT43040

16/11/2017

KIMBERLEY DISTRIBUTORS

Kiosk stock- BRAC

384.90

MFS

EFT43041

16/11/2017

KOMATSU AUSTRALIA P/L

Vehicle part- Workshop

1989.26

MFS

EFT43042

16/11/2017

KOOLJAMAN AT CAPE LEVEQUE

Accommodation- Office of the CEO

940.00

MFS

EFT43043

16/11/2017

LACHLAN BIRCH PAINTING SERVICES

Painting services- KRO1

363.00

MFS

EFT43044

16/11/2017

LANDMARK OPERATIONS LTD

Fertiliser (RFQ17-69) & Pesticides - P&G

2651.72

MFS

EFT43045

16/11/2017

MOORE STEPHENS (WA) P/L

Audit 16/17- Finance

2200.00

MFS

EFT43046

16/11/2017

NORTH WEST COAST SECURITY

Security services- Various Shire sites

7443.16

MFS

EFT43047

16/11/2017

PINDAN LABOUR SOLUTIONS P/L

Temporary staff- Rangers, BRAC & HR

5661.53

MFS

EFT43048

16/11/2017

POOL WISDOM

Chlorine- BRAC

1012.00

MFS

EFT43049

16/11/2017

RAGS ROOF PLUMBING

Roof maintenance- BRAC

3626.70

MFS

EFT43050

16/11/2017

THE KIMBERLEY GRANDE

Accommodation- Development & Community

384.20

MFS

EFT43051

16/11/2017

THE WORKWEAR GROUP (NNT)

Staff uniform- HR

682.26

MFS

EFT43052

16/11/2017

TNT EXPRESS

Freight- Health

186.36

MFS

EFT43053

16/11/2017

VORGEE P/L

Kiosk stock- BRAC

1496.22

MFS

EFT43054

16/11/2017

WILD MANGO CAFE

Catering for Mental Health week- HR & public consultation

249.80

MFS

EFT43055

16/11/2017

AARLI BAR

Catering for OMC 27 July 2017

361.00

MFS

EFT43056

16/11/2017

SALARY & WAGES

Payroll S & W

10000.00

MFS

EFT43057

16/11/2017

BROOME TIME ACCOMMODATION

Temporary Shire staff accommodation- Rangers

1535.96

MFS

EFT43058

16/11/2017

BUILDUP BOBCAT

Fire breaks- Rangers

5016.00

MFS

EFT43059

16/11/2017

CHINATOWN NEWSAGENCY

Daily Newspapers- Media

117.50

MFS

EFT43060

16/11/2017

CITY OF SWAN

GIS labour service- IT

6804.95

MFS

EFT43061

16/11/2017

AUSTRALIA POST

Postage charges- Administration Office

1021.52

MFS

EFT43062

16/11/2017

ELGAS LTD

Gas Bottle- BRAC

296.00

MFS

EFT43063

16/11/2017

FIELD AIR CONDITIONING P/L

Vehicle & Car parts- Workshop

206.15

MFS

EFT43064

16/11/2017

HERBERT SMITH FREEHILLS

Legal expenses- Dampier Peninsula claims

751.32

MFS

EFT43065

16/11/2017

HORIZON POWER

Electricity charges- KRO & BRAC

22027.50

MFS

EFT43066

16/11/2017

MCINTOSH & SON

Vehicle parts- Works

4880.14

MFS

EFT43067

16/11/2017

NORTH WEST STRATA SERVICES

Levies- Staff housing

2692.50

MFS

EFT43068

16/11/2017

PINDAN LABOUR SOLUTIONS P/L

Temporary staff- Rangers

9667.46

MFS

EFT43069

16/11/2017

SECURITY & TECHNOLOGY SERVICES

Equip Maint & Supplies- IT

163.24

MFS

EFT43070

16/11/2017

ST MARYS COLLEGE

Sponsorship- Community Development

5500.00

MFS

EFT43071

16/11/2017

TNT EXPRESS

Freight- Health

337.16

MFS

EFT43072

16/11/2017

VIVA ENERGY AUSTRALIA

Fuel card purchases- Infrastructure

106.13

MFS

EFT43073

17/11/2017

CRANA PLUS

Bond refund- Civic Centre

773.75

MFS

EFT43074

17/11/2017

SHIRE OF BROOME

Bond refund- Civic Centre

6907.25

MFS

EFT43075

17/11/2017

TOYOTA FINANCIAL SERVICES AUSTRALIA

Vehicle lease- Infrastructure

450.73

MFS

EFT43076

20/11/2017

TELSTRA

Phone charges

2670.98

MFS

EFT43077

23/11/2017

BROOME FIRST NATIONAL REAL ESTATE

Staff & Community storage rent

12012.80

MFS

EFT43078

23/11/2017

CHARTER PROPERTY GROUP P/L

Staff Rent

2607.14

MFS

EFT43079

23/11/2017

HUTCHINSON REAL ESTATE

Staff Rent

2085.71

MFS

EFT43080

23/11/2017

KENNETH DONOHOE

Staff Rent

2824.40

MFS

EFT43081

23/11/2017

MAX GRAFFEN

Staff Rent

2166.67

MFS

EFT43082

23/11/2017

PRD NATIONWIDE

Staff Rent

1825.00

MFS

EFT43083

23/11/2017

RAY WHITE BROOME

Staff Rent

15642.85

MFS

EFT43084

23/11/2017

RYAN & PAULA JACK

Staff Rent

3128.57

MFS

EFT43085

23/11/2017

AIR LIQUIDE AUSTRALIA LTD

Gas bottle rental- Workshop

26.06

MFS

EFT43086

23/11/2017

ALL WEST BUILDING APPROVALS P/L

Certificate of design compliance- BRAC

275.00

MFS

EFT43087

23/11/2017

ALTUS PLANNING & APPEALS

Planning consultant- Development

704.00

MFS

EFT43088

23/11/2017

APEX RUBBER STAMP CO

Rubber stamps- Building & Planning

175.50

MFS

EFT43089

23/11/2017

BENJAMIN WILLIAMS

Rates refund due to overpayment for assessment A120926

904.80

MFS

EFT43090

23/11/2017

BEST KIMBERLEY COMPUTING

Copier charges- IT

1150.12

MFS

EFT43091

23/11/2017

BP AUSTRALIA P/L

Unleaded fuel- Depot

17353.01

MFS

EFT43092

23/11/2017

BRETTS PEST MANAGEMENT

Pest treatment- Staff housing

110.00

MFS

EFT43093

23/11/2017

BROOME CLARK RUBBER

Pool servicing & toys- Shire staff housing

325.35

MFS

EFT43094

23/11/2017

BROOME DIESEL & HYDRAULIC SERVICE

Vehicle parts- WMF & Workshop

5432.80

MFS

EFT43095

23/11/2017

BROOME MOTORS

Vehicle parts- Workshop

300.35

MFS

EFT43096

23/11/2017

BROOME PLUMBING & GAS

Plumbing repairs & maintenance- BRAC, Cable beach toilets, KRO & Civic centre

1305.00

MFS

EFT43097

23/11/2017

BROOME PROGRESSIVE SUPPLIES

Consumables & kiosk stock- Depot & BRAC

1943.62

MFS

EFT43098

23/11/2017

KIMBERLEY MOWERS & SPARES

Material purchase & maintenance- Depot

498.80

MFS

EFT43099

23/11/2017

BROOME SMALL MAINTENANCE SERVICES

Building maintenance- Administration Office

124.00

MFS

EFT43100

23/11/2017

BROOME TOWING & SALVAGE

Abandoned vehicle towing- Rangers

88.00

MFS

EFT43101

23/11/2017

BROOME TOYOTA

Vehicle parts- Workshop

1291.65

MFS

EFT43102

23/11/2017

BROOMECRETE

Materials- Depot

11185.90

MFS

EFT43103

23/11/2017

CABLE BEACH ELECTRICAL SERVICE

Electrical repairs- Cable Beach Reserve, Cygnet park & Male oval

1589.50

MFS

EFT43104

23/11/2017

CABLE BEACH TYRE SERVICE P/L

Tyres- Workshop & WMF

1806.50

MFS

EFT43105

24/11/2017

SALARY & WAGES

Payroll S & W

225.00

MFS

EFT43106

24/11/2017

ATO

PAYG

108226.43

MFS

EFT43107

24/11/2017

SALARY & WAGES

Payroll S & W

380.00

MFS

EFT43108

24/11/2017

SALARY & WAGES

Payroll S & W

720.00

MFS

EFT43109

24/11/2017

SALARY & WAGES

Payroll S & W

550.00

MFS

EFT43110

24/11/2017

SALARY & WAGES

Payroll S & W

386.39

MFS

EFT43111

24/11/2017

SALARY & WAGES

Payroll S & W

500.00

MFS

EFT43112

24/11/2017

SALARY & WAGES

Payroll S & W

364.00

MFS

EFT43113

24/11/2017

SALARY & WAGES

Payroll S & W

420.00

MFS

EFT43114

24/11/2017

SALARY & WAGES

Payroll S & W

667.21

MFS

EFT43115

24/11/2017

SALARY & WAGES

Payroll S & W

761.31

MFS

EFT43116

24/11/2017

SALARY & WAGES

Payroll S & W

540.18

MFS

EFT43117

24/11/2017

SALARY & WAGES

Payroll S & W

790.33

MFS

EFT43118

24/11/2017

SALARY & WAGES

Payroll S & W

400.00

MFS

EFT43119

24/11/2017

SALARY & WAGES

Payroll S & W

637.37

MFS

EFT43120

24/11/2017

SALARY & WAGES

Payroll S & W

175.00

MFS

EFT43121

24/11/2017

SALARY & WAGES

Payroll S & W

450.00

MFS

EFT43122

24/11/2017

SALARY & WAGES

Payroll S & W

625.72

MFS

EFT43123

24/11/2017

SALARY & WAGES

Payroll S & W

340.00

MFS

EFT43124

24/11/2017

SALARY & WAGES

Payroll S & W

549.52

MFS

EFT43125

24/11/2017

SALARY & WAGES

Payroll S & W

305.77

MFS

EFT43126

24/11/2017

SALARY & WAGES

Payroll S & W

984.81

MFS

EFT43127

24/11/2017

SALARY & WAGES

Payroll S & W

662.65

MFS

EFT43128

24/11/2017

SALARY & WAGES

Payroll S & W

1039.90

MFS

EFT43129

24/11/2017

SALARY & WAGES

Payroll S & W

620.00

MFS

EFT43130

24/11/2017

SALARY & WAGES

Payroll S & W

520.00

MFS

EFT43131

24/11/2017

SALARY & WAGES

Payroll S & W

1156.03

MFS

EFT43132

24/11/2017

SALARY & WAGES

Payroll S & W

1829.87

MFS

EFT43133

24/11/2017

SALARY & WAGES

Payroll S & W

19.40

MFS

EFT43134

24/11/2017

CHAITANYA OAK

Reimbursement of expenses- HR

560.00

MFS

EFT43135

24/11/2017

COAST & COUNTRY ELECTRICS

Electrical works- BRAC, KRO, Library & Staff housing

4952.75

MFS

EFT43136

24/11/2017

CDP

Kiosk stock- BRAC

1830.83

MFS

EFT43137

24/11/2017

COATES HIRE OPERATIONS P/L

Cape Leveque Road upgrade- Works

6764.38

MFS

EFT43138

24/11/2017

COCA COLA AMATIL (HOLDINGS) LTD

Kiosk stock- BRAC

6292.52

MFS

EFT43139

24/11/2017

COLES SUPERMARKETS

Operational expenses, consumables, stock- Civic Centre, BRAC, Admin building

803.69

MFS

EFT43140

24/11/2017

COPY CATS DIGITAL PRINT & DESIGN II

Sign in/out book- BRAC

55.00

MFS

EFT43141

24/11/2017

CT MECHANICAL & SERVICES

Vehicle service & repairs- WMF

781.00

MFS

EFT43142

24/11/2017

DEBRA POINTING

Rates refund due to overpayment for assessment A121036

2904.33

MFS

EFT43143

24/11/2017

FIELD AIR CONDITIONING P/L

Vehicle repairs and parts- Workshop

2348.25

MFS

EFT43144

24/11/2017

FIRE & SAFETY SERVICES

Fire equipment monthly testing- Civic Centre & BRAC

834.16

MFS

EFT43145

24/11/2017

GARDEN CITY PLASTICS

Fertiliser spreader- P&G

770.00

MFS

EFT43146

24/11/2017

BLACKWOODS

Equipment & consumables - Depot, BRAC, WMF

887.97

MFS

EFT43147

24/11/2017

JETRIDGE HOLDINGS P/L

Building maintenance- BRAC

1700.00

MFS

EFT43148

24/11/2017

JR & A HERSEY P/L

Vehicle parts & consumables- Workshop & Depot

1714.83

MFS

EFT43149

24/11/2017

KIMBERLEY BOOKSHOP

Books- Library

65.67

MFS

EFT43150

24/11/2017

KIMBERLEY CAMPING & OUTBACK SUPPLIES

Staff uniform and supplies - Environmental Health & Depot

3814.75

MFS

EFT43151

24/11/2017

KIMBERLEY DISTRIBUTORS

Kiosk stock- BRAC

622.18

MFS

EFT43152

24/11/2017

KIMBERLEY GOLD PURE DRINKING WATER

Drinking water- WMF, Admin building and Civic Centre

605.00

MFS

EFT43153

24/11/2017

KOMATSU AUSTRALIA P/L

Vehicle parts- Workshop

1293.40

MFS

EFT43154

24/11/2017

KOORI MAIL

Subscription fee- Library

100.00

MFS

EFT43155

24/11/2017

KOTT GUNNING LAWYERS

Legal expenses- Development Services

6566.45

MFS

EFT43156

24/11/2017

LANDMARK OPERATIONS LTD

Fertiliser- P&G

1009.69

MFS

EFT43157

24/11/2017

LO-GO APPOINTMENTS

Temporary staff- Infrastructure

14624.78

MFS

EFT43158

24/11/2017

MARKETFORCE

Recruitment & Advertising expenses- HR, Governance, Planning, Health, Property and infrastructure

10255.65

MFS

EFT43159

24/11/2017

MCCORRY BROWN EARTHMOVING P/L

Plant hire- Works, Infrastructure and WMF (RFQ 17-81)

30808.25

MFS

EFT43160

24/11/2017

MNG

Surveying (RFQ 17-89)- Crab Creek Rd & Broome Cemetery

6288.70

MFS

EFT43161

24/11/2017

MIDALIA STEEL P/L

Materials- P&G

379.54

MFS

EFT43162

24/11/2017

MOORE STEPHENS (WA) P/L

Audit (year ending 30.06.17)- Finance

15976.15

MFS

EFT43163

24/11/2017

MUDMAP STUDIO

Consultant fee- Cemetery upgrade

687.50

MFS

EFT43164

24/11/2017

NORTH WEST COAST SECURITY

Security services- Various Shire sites

7443.16

MFS

EFT43165

24/11/2017

NS PROJECTS P/L

Phase 5 upgrade- BRAC

1584.00

MFS

EFT43166

24/11/2017

OFFICE NATIONAL BROOME

Furniture & stationery-Various Shire sites

4231.40

MFS

EFT43167

24/11/2017

OFFICEMAX AUSTRALIA LTD

Stationery & consumables- Administration Office

1590.13

MFS

EFT43168

24/11/2017

PEARL COAST CRANE HIRE

Hire- Infrastructure

508.75

MFS

EFT43169

24/11/2017

PENINSULA BOMBERS FOOTBALL CLUB

Community Sponsorship- Community development

1000.00

MFS

EFT43170

24/11/2017

PINDAN LABOUR SOLUTIONS P/L

Temporary Shire Staff- BRAC & HR

1781.05

MFS

EFT43171

24/11/2017

POOL WISDOM

Pool chemicals- BRAC

1592.10

MFS

EFT43172

24/11/2017

REGAL TRANSPORT

Freight- Depot & Workshop

788.03

MFS

EFT43173

24/11/2017

REWARD DISTRIBUTION & SUPPLY CO P/L

Urn & insert plan- Civic Centre

348.90

MFS

EFT43174

24/11/2017

ROADLINE CIVIL CONTRACTORS

Traffic Management Plan- Works

748.00

MFS

EFT43175

24/11/2017

SECUREX SECURITY P/L

Update security swipe cards- Property

120.00

MFS

EFT43176

24/11/2017

SHIRE OF DERBY/WEST KIMBERLEY

Kimberley Zone Meeting- CEO

1701.72

MFS

EFT43177

24/11/2017

SLATER & GARTRELL SPORTS

Sports Equipment- BRAC

1012.00

MFS

EFT43178

24/11/2017

SOFTFALLGUYS

Equipment- Town Beach Water Park

194.70

MFS

EFT43179

24/11/2017

SOUNDCORP P/L

Consumables- Civic Centre

489.00

MFS

EFT43180

24/11/2017

SPORTS STAR TROPHIES

Medals & Trophies- BRAC

290.00

MFS

EFT43181

24/11/2017

ST ANNE'S FLORIST

Flower arrangement- HR

108.00

MFS

EFT43182

24/11/2017

SUN PICTURES WA P/L

Late night trading movie- Chinatown Revitalisation

1100.00

MFS

EFT43183

24/11/2017

SUNNY SIGN COMPANY P/L

Signage- Depot & Infrastructure

5602.85

MFS

EFT43184

24/11/2017

TAPPED PLUMBING & GAS P/L

Plumbing repairs & maintenance- Male Oval ablutions

127.60

MFS

EFT43185

24/11/2017

TERRITORY RURAL BROOME

Consumables & reticulation parts - Depot

3707.26

MFS

EFT43186

24/11/2017

THINK WATER BROOME

Reticulation expenses- Depot and P&G

3942.06

MFS

EFT43187

24/11/2017

TNT EXPRESS

Freight- Health, Depot & Civic Centre

203.88

MFS

EFT43188

24/11/2017

TOXFREE

Waste removal- various

95712.85

MFS

EFT43189

24/11/2017

TRUCK CENTRE (WA) P/L

Vehicle purchase- Workshop       (RFQ 17-63)

88501.10

MFS

EFT43190

24/11/2017

VANDERFIELD P/L

Material purchase- Works

601.59

MFS

EFT43191

24/11/2017

VISTA HOME IMPROVEMENTS

Cleaning services- Community Storage Facility

1276.00

MFS

EFT43192

24/11/2017

VORGEE P/L

Hand paddles- BRAC

174.35

MFS

EFT43193

24/11/2017

WA HINO

Vehicle parts- Depot

156.49

MFS

EFT43194

24/11/2017

WANNA PLAY IND

Street performers- Chinatown late night trading

600.00

MFS

EFT43195

24/11/2017

WEST AUSTRALIAN NEWSPAPERS

Advertising- Shire News & Library

2656.00

MFS

EFT43196

24/11/2017

WESTERN IRRIGATION P/L

Reticulation- P&G

1650.00

MFS

EFT43197

24/11/2017

WESTRAC

Vehicle parts- Workshop

3469.10

MFS

EFT43198

24/11/2017

WRITING WA

Membership fee 2017- Library

135.00

MFS

EFT43199

24/11/2017

ZANDERS

Rates refund due to overpayment for assessment A101331

2044.14

MFS

EFT43200

27/11/2017

BROOME CIRCLE INC

Community Sponsorship- Community Development

1000.00

MFS

EFT43201

27/11/2017

BROOME VETERINARY HOSPITAL

Provision of boarding, veterinary & euthanasia costs- October 2017

4911.65

MFS

EFT43202

27/11/2017

BT EQUIPMENT P/L

Vehicle parts- WMF

2341.60

MFS

EFT43203

27/11/2017

BUNNINGS BROOME

Material, consumables, supplies - Depot & BRAC

2003.31

MFS

EFT43204

27/11/2017

HORIZON POWER

Electricity charges

148.67

MFS

EFT43205

27/11/2017

MCCORRY BROWN EARTHMOVING P/L

Equipment Hire(RFQ17-81)- Crab Creek Road

165613.31

MFS

EFT43206

27/11/2017

TOTALLY WORKWEAR

Uniforms- Depot

115.00

MFS

EFT43207

27/11/2017

TROPICAL UPHOLSTERY

Repairs to inflatable- BRAC

121.00

MFS

EFT43208

27/11/2017

WATER CORPORATION

Water usage & service charges- Various Shire sites

8985.12

MFS

EFT43209

27/11/2017

WATER CORPORATION

Water usage & service charges- Various Shire sites

39207.47

MFS

EFT43210

27/11/2017

SALARY & WAGES

Payroll S & W

319023.00

MFS

EFT43211

28/11/2017

BOC LIMITED

Oxygen, Acetylene & Argon- Workshop & BRAC

97.14

MFS

EFT43212

28/11/2017

BROOME HORSERIDERS CLUB INC.

Community Sponsorship- Community Development

1000.00

MFS

EFT43213

28/11/2017

CT MECHANICAL & SERVICES

Vehicle repair & maintenance - Workshop & WMF

1210.00

MFS

EFT43214

28/11/2017

FIELD AIR CONDITIONING P/L

Battery- WMF

206.30

MFS

EFT43215

28/11/2017

G. BISHOPS TRANSPORT SERVICES P/L

Freight- WMF & Workshop

245.93

MFS

EFT43216

28/11/2017

HORIZON POWER

Electricity charges

5443.40

MFS

EFT43217

28/11/2017

LO-GO APPOINTMENTS

Labour hire- Infrastructure

4984.65

MFS

EFT43218

28/11/2017

MARKETFORCE

Advertising- Property

427.97

MFS

EFT43219

28/11/2017

MCCORRY BROWN EARTHMOVING P/L

Equipment hire- WMF

676.50

MFS

EFT43220

28/11/2017

PETER MCBRIDE

Reimbursement of study expenses- Infrastructure

1131.00

MFS

EFT43221

28/11/2017

SECUREPAY P/L

Web payments transaction fee- Civic Centre

3.96

MFS

EFT43222

28/11/2017

TERRITORY RURAL BROOME

Reticulation- P&G

523.21

MFS

EFT43223

28/11/2017

TNT EXPRESS

Freight- Workshop & Health

139.97

MFS

EFT43224

28/11/2017

ZOHO CORPORATION

Subscription fee- IT

182.00

MFS

EFT43225

29/11/2017

SHIRE OF BROOME

Bond refund- Civic Centre

525.00

MFS

EFT43226

29/11/2017

MECQUELA MORATO

Bond refund- Civic Centre

1172.22

MFS

EFT43227

29/11/2017

SHIRE OF BROOME

Bond refund- Civic Centre

2427.78

MFS

EFT43228

29/11/2017

KAMS LTD

Bond refund- Civic Centre

1062.00

MFS

EFT43229

29/11/2017

SHIRE OF BROOME

Bond refund- Civic Centre

2073.00

MFS

EFT43230

30/11/2017

AVERY AIRCONDITIONING P/L

Airconditioning maintenance- Civic Centre

413.38

MFS

EFT43231

30/11/2017

BP AUSTRALIA P/L

Diesel- Depot

12125.73

MFS

EFT43232

30/11/2017

BRAINTREE COMMUNICATIONS P/L

EFTPOS transaction delivery service - WMF

20.00

MFS

EFT43233

30/11/2017

BROOME AUTO EXCELLENCE

Vehicle parts- WMF

117.35

MFS

EFT43234

30/11/2017

BROOME BUILDERS P/L

Minor assets- Library

1980.00

MFS

EFT43235

30/11/2017

BROOME PROGRESSIVE SUPPLIES

Operating expense & consumables- Depot & BRAC

240.06

MFS

EFT43236

30/11/2017

KIMBERLEY MOWERS & SPARES

Vehicle parts- Workshop & Depot

307.80

MFS

EFT43237

30/11/2017

CARPET PAINT & TILE CENTRE

Paint- Depot

198.00

MFS

EFT43238

30/11/2017

CITY OF SWAN

GIS labour service- IT

5636.94

MFS

EFT43239

30/11/2017

CT MECHANICAL & SERVICES

Plant repair- WMF

2590.50

MFS

EFT43240

30/11/2017

DATA#3 LIMITED

License - IT

78782.50

MFS

EFT43241

30/11/2017

DEPT OF THE PREMIER & CABINET

Advertising- Planning

146.50

MFS

EFT43242

30/11/2017

DIRECTCOMMS P/L

Service charges- Library

65.21

MFS

EFT43243

30/11/2017

FOOTPRINT CLEANING

Cleaning services- Shire various sites

45635.80

MFS

EFT43244

30/11/2017

G. BISHOPS TRANSPORT SERVICES P/L

Freight- Depot & Workshop

615.01

MFS

EFT43245

30/11/2017

LANDGATE

GRV Schedule- Rates

124.77

MFS

EFT43246

30/11/2017

KGT Employment

Apprentice wages- Workshop

1470.71

MFS

EFT43247

30/11/2017

KIMBERLEY DISTRIBUTORS

Kiosk stock- BRAC

393.69

MFS

EFT43248

30/11/2017

KIMBERLEY WASHROOM SERVICES

Sanitary waste removal- Various Shire sites

820.00

MFS

EFT43249

30/11/2017

KOMATSU AUSTRALIA P/L

Vehicle parts- WMF

146.70

MFS

EFT43250

30/11/2017

LACHLAN STUART FRASER

Laneway enhancement project- Chinatown Revitalisation

10175.00

MFS

EFT43251

30/11/2017

LAIRD TRAN STUDIO

Consultancy- BRAC

1408.00

MFS

EFT43252

30/11/2017

MERCURE HOTEL - PERTH

Shire staff accommodation- Development Services

510.00

MFS

EFT43253

30/11/2017

NORTH WEST COAST SECURITY

Security services- Civic centre

528.00

MFS

EFT43254

30/11/2017

NORTH WEST STRATA SERVICES

Quarterly strata levy- Staff housing

566.25

MFS

EFT43255

30/11/2017

OHURA CONSULTING

Indoor EBA consultancy- HR

1066.42

MFS

EFT43256

30/11/2017

PERFEKT P/L

Dell Poweredge R730 Rack Mount Server- IT

14943.50

MFS

EFT43257

30/11/2017

PINDAN LABOUR SOLUTIONS P/L

Temporary staff- Rangers & HR

8513.38

MFS

EFT43258

30/11/2017

ROBERT JOSEPH LANDER

Rates refund due to overpayment for assessment A303968

1780.60

MFS

EFT43259

30/11/2017

SAI GLOBAL LTD

Licence fee- Infrastructure

392.62

MFS

EFT43260

30/11/2017

SEAT ADVISOR P/L

Ticket sale commission- Civic Centre

71.23

MFS

EFT43261

30/11/2017

STOTT & HOARE BUSINESS COMPUTERS

Equipment- Civic Centre

2286.90

MFS

EFT43262

30/11/2017

T - QUIP

Material purchase- Depot

400.95

MFS

EFT43263

30/11/2017

THE WORKWEAR GROUP (NNT)

Uniforms- HR

327.20

MFS

EFT43264

30/11/2017

TNT EXPRESS

Freight- Various Shire sites

113.59

MFS

EFT43265

30/11/2017

TRADELINK PLUMBING SUPPLIES

Safety equipment- Depot

148.50

MFS

EFT43266

30/11/2017

WATERCHOICE (AUST) P/L

Drinking water- KRO

130.00

MFS

EFT43267

30/11/2017

WILD MANGO CAFE

Catering- HR

99.90

MFS

MUNICIPAL ELECTRONIC FUNDS TRANSFER TOTAL:

$2,659,636.37

MUNICIPAL CHEQUES - NOVEMBER 2017

Cheque

Date

Name

Description

Amount

Del Auth

57492

14/11/2017

SHIRE OF BROOME

Library petty cash

124.05

MFS

57493

14/11/2017

SHIRE OF BROOME

Admin petty cash

668.40

MFS

57494

15/11/2017

DEPT OF PLANNING, LANDS & HERITAGE

License fee- Infrastructure

897.00

MFS

57495

21/11/2017

DEPT OF TRANSPORT

Shire of Broome Plates- General Administration

200.00

MFS

57496

30/11/2017

TARGET AUSTRALIA P/L

Equipment- Rangers

73.00

MFS

MUNICIPAL CHEQUES TOTAL:

$1,962.45

TRUST CHEQUES - NOVEMBER 2017

Cheque

Date

Name

Description

Amount

Del Auth

3441

09/11/2017

BUILDING & CONSTRUCTION INDUSTRY TRAINING FUND

BCITF levy- October 17

4901.84

MFS

TRUST CHEQUES TOTAL:

$4,901.84

MUNICIPAL DIRECT DEBIT/CREDIT CARD PAYMENTS - NOVEMBER 2017

DD#

Date

Name

Description

Amount

Del Auth

DD23514.1

31/10/2017

FACEBOOK

Advertising- Media (credit card payment 31.10.17)

155.00

MFS

DD23514.9

25/10/2017

QANTAS AIRWAYS LTD

Shire staff flights- Infrastructure (credit card payment 19.11.17)

129.26

MFS

DD23360.1

01/11/2017

SALARY & WAGES

Payroll S & W

485.27

MFS

DD23394.1

07/11/2017

SUPERANNUATION

Superannuation contributions

64235.51

MFS

DD23394.10

07/11/2017

SUPERANNUATION

Superannuation contributions

318.00

MFS

DD23394.11

07/11/2017

SUPERANNUATION

Superannuation contributions

486.30

MFS

DD23394.12

07/11/2017

SUPERANNUATION

Superannuation contributions

6944.64

MFS

DD23394.13

07/11/2017

SUPERANNUATION

Superannuation contributions

352.48

MFS

DD23394.14

07/11/2017

SUPERANNUATION

Superannuation contributions

1070.05

MFS

DD23394.15

07/11/2017

SUPERANNUATION

Superannuation contributions

1294.85

MFS

DD23394.16

07/11/2017

SUPERANNUATION

Superannuation contributions

829.17

MFS

DD23394.17

07/11/2017

SUPERANNUATION

Superannuation contributions

283.67

MFS

DD23394.18

07/11/2017

SUPERANNUATION

Superannuation contributions

2331.43

MFS

DD23394.19

07/11/2017

SUPERANNUATION

Superannuation contributions

966.03

MFS

DD23394.2

07/11/2017

SUPERANNUATION

Superannuation contributions

1260.12

MFS

DD23394.20

07/11/2017

SUPERANNUATION

Superannuation contributions

682.23

MFS

DD23394.21

07/11/2017

SUPERANNUATION

Superannuation contributions

2678.27

MFS

DD23394.22

07/11/2017

SUPERANNUATION

Superannuation contributions

807.55

MFS

DD23394.23

07/11/2017

SUPERANNUATION

Superannuation contributions

232.18

MFS

DD23394.24

07/11/2017

SUPERANNUATION

Superannuation contributions

277.55

MFS

DD23394.3

07/11/2017

SUPERANNUATION

Superannuation contributions

620.14

MFS

DD23394.4

07/11/2017

SUPERANNUATION

Superannuation contributions

289.86

MFS

DD23394.5

07/11/2017

SUPERANNUATION

Superannuation contributions

419.75

MFS

DD23394.6

07/11/2017

SUPERANNUATION

Superannuation contributions

929.93

MFS

DD23394.7

07/11/2017

SUPERANNUATION

Superannuation contributions

206.86

MFS

DD23394.8

07/11/2017

SUPERANNUATION

Superannuation contributions

409.70

MFS

DD23394.9

07/11/2017

SUPERANNUATION

Superannuation contributions

1226.53

MFS

DD23398.1

09/11/2017

SALARY & WAGES

Payroll S & W

485.27

MFS

DD23453.1

21/11/2017

SUPERANNUATION

Superannuation contributions

59626.02

MFS

DD23453.10

21/11/2017

SUPERANNUATION

Superannuation contributions

283.67

MFS

DD23453.11

21/11/2017

SUPERANNUATION

Superannuation contributions

484.10

MFS

DD23453.12

21/11/2017

SUPERANNUATION

Superannuation contributions

454.50

MFS

DD23453.13

21/11/2017

SUPERANNUATION

Superannuation contributions

352.48

MFS

DD23453.14

21/11/2017

SUPERANNUATION

Superannuation contributions

1070.05

MFS

DD23453.15

21/11/2017

SUPERANNUATION

Superannuation contributions

1202.52

MFS

DD23453.16

21/11/2017

SUPERANNUATION

Superannuation contributions

829.17

MFS

DD23453.17

21/11/2017

SUPERANNUATION

Superannuation contributions

283.67

MFS

DD23453.18

21/11/2017

SUPERANNUATION

Superannuation contributions

342.98

MFS

DD23453.19

21/11/2017

SUPERANNUATION

Superannuation contributions

2462.22

MFS

DD23453.2

21/11/2017

SUPERANNUATION

Superannuation contributions

871.51

MFS

DD23453.20

21/11/2017

SUPERANNUATION

Superannuation contributions

987.92

MFS

DD23453.21

21/11/2017

SUPERANNUATION

Superannuation contributions

682.23

MFS

DD23453.22

21/11/2017

SUPERANNUATION

Superannuation contributions

2426.56

MFS

DD23453.23

21/11/2017

SUPERANNUATION

Superannuation contributions

364.37

MFS

DD23453.24

21/11/2017

SUPERANNUATION

Superannuation contributions

232.18

MFS

DD23453.25

21/11/2017

SUPERANNUATION

Superannuation contributions

277.55

MFS

DD23453.3

21/11/2017

SUPERANNUATION

Superannuation contributions

1277.32

MFS

DD23453.4

21/11/2017

SUPERANNUATION

Superannuation contributions

623.02

MFS

DD23453.5

21/11/2017

SUPERANNUATION

Superannuation contributions

289.86

MFS

DD23453.6

21/11/2017

SUPERANNUATION

Superannuation contributions

419.75

MFS

DD23453.7

21/11/2017

SUPERANNUATION

Superannuation contributions

966.43

MFS

DD23453.8

21/11/2017

SUPERANNUATION

Superannuation contributions

329.12

MFS

DD23453.9

21/11/2017

SUPERANNUATION

Superannuation contributions

1093.85

MFS

DD23467.1

23/11/2017

WATC

Loan No. 194 Fixed Component- BRAC Oval Pavilion

63442.38

MFS

DD23479.1

08/11/2017

FINES ENFORCEMENT REGISTRY

Lodgement fee for unpaid infringements- Rangers

1180.00

MFS

DD23479.2

02/11/2017

FINES ENFORCEMENT REGISTRY

Lodgement fee for unpaid infringements- Rangers

5251.00

MFS

DD23514.2

03/11/2017

BROOME PRIMARY SCHOOL

Donation (Presentation Night)- Office of the CEO (Credit card payment 20.11.17)

35.00

MFS

DD23514.3

01/11/2017

QANTAS AIRWAYS LTD

Shire staff flights- Corporate Services (credit card payment 02.11.17)

280.39

MFS

DD23514.4

10/11/2017

VIRGIN AUSTRALIA

Shire staff flights- Corporate Services (credit card payment 10.11.17)

354.91

MFS

DD23514.5

09/11/2017

QANTAS AIRWAYS LTD

Shire staff flights- HR (credit card payment 10.11.17)

560.88

MFS

DD23514.6

10/11/2017

QANTAS AIRWAYS LTD

Shire staff flights- HR (credit card payment 11.11.17)

280.39

MFS

DD23514.7

08/11/2017

SURVEY MONKEY

Annual membership renewal- BRAC (Credit card payment 16.11.17)

264.00

MFS

DD23514.8

17/11/2017

QANTAS AIRWAYS LTD

Shire staff flights- Library (credit card payment 18.11.17)

560.88

MFS

DD23515.1

23/11/2017

QANTAS AIRWAYS LTD

Shire staff & Shire Councillor flights- Various Shire departments (credit card payments 28.10.17, 04.11.17 & 21.11.17)

1224.08

MFS

DD23515.2

23/11/2017

FACEBOOK

Facebook advertising- Community Services (Credit card payment 31.10.17)

45.00

MFS

DD23515.3

23/11/2017

RENTALCARS.COM

Shire staff car rental- Community Services (credit card payment 20.11.17)

101.22

MFS

DD23515.4

23/11/2017

VIRGIN AUSTRALIA

Shire Staff flights- Governance & Rangers (credit card payment 11.11.17 & 27.10.17)

530.82

MFS

DD23515.5

23/11/2017

COMMONWEALTH BANK

Credit card annual fee- Finance (credit card payment 01.11.17)

23.33

MFS

MUNICIPAL DIRECT DEBIT TOTAL:

$242,774.93

MUNICIPAL ELECTRONIC TRANSFER TOTAL

$2,659,636.37

MUNICIPAL CHEQUES TOTAL

$1,962.45

TRUST CHEQUE TOTAL

$4,901.84

MUNICIPAL DIRECT DEBIT/ CREDIT CARD TOTAL

$242,774.93

TOTAL PAYMENTS - NOVEMBER 2017

$2,909,275.59

 

 

 

Key for Delegation of Authority:

CEO

Chief Executive  Officer

MFS

Manager Financial Services

DCS

Director Corporate Services

 

LOCAL SPEND PAYMENTS BY EFT & CHEQUE & FROM TRUST - NOVEMBER 2017

 

 

LOCAL SPEND MUNICIPAL ELECTRONIC TRANSFER - NOVEMBER 2017

 

EFT42885

02/11/2017

AVERY AIRCONDITIONING P/L

Air conditioner- Administration office

1898.29

MFS

 

EFT42886

02/11/2017

BROOME CAMPUS NORTH REGIONAL TAFE

Staff training- HR

2700.00

MFS

 

EFT42887

02/11/2017

BROOME DIESEL & HYDRAULIC SERVICE

Vehicle parts- Workshop

334.40

MFS

 

EFT42888

02/11/2017

BROOME DOCTORS PRACTICE P/L

Recruitment expenses- HR

429.00

MFS

 

EFT42889

02/11/2017

BROOME LOCAL REMOVALS AND TRANSPORT

Community storage relocation- Property

1210.00

MFS

 

EFT42890

02/11/2017

BROOME SCOOTERS P/L

Equipment maintenance & repairs- Workshop

507.50

MFS

 

EFT42891

02/11/2017

CARPET PAINT & TILE CENTRE

Paint- Depot

29.70

MFS

 

EFT42896

02/11/2017

DEWA'S MOBILE KITCHEN

Catering for OMC- Office of the CEO

325.00

MFS

 

EFT42899

02/11/2017

FOOTPRINT CLEANING

Cleaning services- Various Shire sites

6594.50

MFS

 

EFT42902

02/11/2017

KIMBERLEY FUEL & OIL SERVICES

Transmission oil & grease- Workshop

5593.50

MFS

 

EFT42904

02/11/2017

LACHLAN STUART FRASER

Laneway enhancement project- Chinatown Revitalisation

7122.50

MFS

 

EFT42905

02/11/2017

ANGELA YVONNE PATTERSON

Swimming lesson instructor- BRAC

300.00

MFS

 

EFT42908

02/11/2017

LAIRD TRAN STUDIO

Consultant expenses- KRO

272.25

MFS

 

EFT42910

02/11/2017

NORTH WEST COAST SECURITY

Security services- Various Shire sites

9568.36

MFS

 

EFT42911

02/11/2017

NORTH WEST LOCKSMITHS

Reactive maintenance- Waste Management Facility

110.00

MFS

 

EFT42917

02/11/2017

STEVEN JOHN HARDING

Reimbursement of expenses- Infrastructure

200.00

MFS

 

EFT42920

02/11/2017

TAPPED PLUMBING & GAS P/L

Plumbing repairs & maintenance- Cable Beach Toilet

1914.00

MFS

 

EFT42924

02/11/2017

WILLIAM LIAU

Reimbursement of expenses- Property

120.00

MFS

 

EFT42925

02/11/2017

AARLI BAR

CIDC activation initiative grant funding- Chinatown revitalisation

6244.95

MFS

 

EFT42928

02/11/2017

CHRISSY LEE CARTER

Face painting- Chinatown late night trading

440.00

MFS

 

EFT42929

02/11/2017

FIRE & SAFETY SERVICES

Fire equipment monthly testing- Depot

352.00

MFS

 

EFT42930

02/11/2017

KIMBERLEY DISTRIBUTORS

Kiosk stock- BRAC

1217.26

MFS

 

EFT42932

02/11/2017

MERCURE BROOME

Consultant accommodation- Growth Plan & regional airfares

398.00

MFS

 

EFT42933

02/11/2017

MICHAEL PETER STEPHENS

Entertainment- Chinatown late night trading

1850.00

MFS

 

EFT42934

02/11/2017

PINDAN LABOUR SOLUTIONS P/L (A DIVISION OF DFP RECRUITMENT)

Temporary staff- BRAC & HR

4564.62

MFS

 

EFT42938

03/11/2017

TOTALLY WORKWEAR

Staff uniform- HR

37.40

MFS

 

EFT42939

03/11/2017

TOXFREE

Kerbside Recycling Collection (Contract 14/01)- Waste Management Facility

100446.66

MFS

 

EFT42943

09/11/2017

AVERY AIRCONDITIONING P/L

Airconditioning maintenance- KRO, KRO2 & Library

1650.00

MFS

 

EFT42950

09/11/2017

SHINJU MATSURI INC COMMITTEE

Grant funding- Pearl Harvest party

1750.00

MFS

 

EFT42954

09/11/2017

TOTALLY WORKWEAR

Staff uniform- HR

239.40

MFS

 

EFT42955

09/11/2017

BROOME BUILDERS P/L

Office fit out (RFQ17-72)- Property

14432.00

MFS

 

EFT42956

09/11/2017

BROOME SCOOTERS P/L

Equipment repairs- P&G

435.60

MFS

 

EFT42957

09/11/2017

BROOME SMALL MAINTENANCE SERVICES

Maintenance- Administration building

208.00

MFS

 

EFT42958

09/11/2017

CT MECHANICAL & SERVICES

Plant servicing- WMF

924.00

MFS

 

EFT42962

09/11/2017

HARVEY NORMAN AV/IT SUPERSTORE BROOME

Equipment- IT

150.00

MFS

 

EFT42963

09/11/2017

HIRE A HUBBY BROOME

Maintenance- BRAC

88.00

MFS

 

EFT42964

09/11/2017

KIMBERLEY BOOKSHOP

Books- Library

29.99

MFS

 

EFT42965

09/11/2017

KIMBERLEY DISTRIBUTORS

Kiosk stock- BRAC

384.90

MFS

 

EFT42966

09/11/2017

KIMBERLEY FUEL & OIL SERVICES

Various Oils & coolant- WMF

1276.00

MFS

 

EFT42967

09/11/2017

KIMBERLEY SIGNS & DESIGNS

Signage- Town Beach

467.50

MFS

 

EFT42968

09/11/2017

KIMBERLEY WASHROOM SERVICES

Sanitary waste removal- Various

840.00

MFS

 

EFT42969

09/11/2017

M KELLY AIRCONDITIONING

Airconditioning maintenance- Depot

617.10

MFS

 

EFT42972

09/11/2017

PEARL COAST INDUSTRIAL RAGS

Rags- Depot

263.40

MFS

 

EFT42973

09/11/2017

PINDAN LABOUR SOLUTIONS P/L

Temporary Shire staff- BRAC & HR

3834.97

MFS

 

EFT42974

09/11/2017

POOL WISDOM

Chlorine- BRAC

940.06

MFS

 

EFT42977

09/11/2017

SPORTSPOWER BROOME

Sports Equipment- BRAC

312.00

MFS

 

EFT42979

09/11/2017

TAPPED PLUMBING & GAS P/L

Maintenance- Staff housing

207.90

MFS

 

EFT42981

09/11/2017

TRADELINK PLUMBING SUPPLIES

Consumables- Depot

80.12

MFS

 

EFT42982

09/11/2017

TROPPO SOUND

Lighting- Chinatown late night trading

2750.00

MFS

 

EFT42984

09/11/2017

SHIRE OF BROOME

BCITF COMMISSION OCTOBER 17

74.25

MFS

 

EFT42986

09/11/2017

SHIRE OF BROOME

BSL COMMISSION- OCTOBER 2017

110.00

MFS

 

EFT43020

16/11/2017

AARLI BAR

Catering- Councillors

700.00

MFS

 

EFT43025

16/11/2017

AVERY AIRCONDITIONING P/L

Airconditioning maintenance- WMF

2266.00

MFS

 

EFT43027

16/11/2017

BRETTS PEST MANAGEMENT

Pest treatment- Administration Office

115.50

MFS

 

EFT43029

16/11/2017

BROOME PEST CONTROL

Ant treatment- Library

160.00

MFS

 

EFT43031

16/11/2017

CHINATOWN NEWSAGENCY

Daily Newspaper- Library

529.60

MFS

 

EFT43038

16/11/2017

HARVEY NORMAN AV/IT SUPERSTORE BROOME

Cables & USB wall chargers- IT

489.00

MFS

 

EFT43040

16/11/2017

KIMBERLEY DISTRIBUTORS

Kiosk stock- BRAC

384.90

MFS

 

EFT43042

16/11/2017

KOOLJAMAN AT CAPE LEVEQUE

Accommodation- Office of the CEO

940.00

MFS

 

EFT43043

16/11/2017

LACHLAN BIRCH PAINTING SERVICES

Painting services- KRO1

363.00

MFS

 

EFT43044

16/11/2017

LANDMARK OPERATIONS LTD

Fertiliser (RFQ17-69) & Pesticides - P&G

2651.72

MFS

 

EFT43046

16/11/2017

NORTH WEST COAST SECURITY

Security services- Various Shire sites

7443.16

MFS

 

EFT43047

16/11/2017

PINDAN LABOUR SOLUTIONS P/L

Temporary staff- Rangers, BRAC & HR

5661.53

MFS

 

EFT43048

16/11/2017

POOL WISDOM

Chlorine- BRAC

1012.00

MFS

 

EFT43049

16/11/2017

RAGS ROOF PLUMBING

Roof maintenance- BRAC

3626.70

MFS

 

EFT43055

16/11/2017

AARLI BAR

Catering for OMC 27 July 2017

361.00

MFS

 

EFT43057

16/11/2017

BROOME TIME ACCOMMODATION

Temporary Shire staff accommodation- Rangers

1535.96

MFS

 

EFT43058

16/11/2017

BUILDUP BOBCAT

Fire breaks- Rangers

5016.00

MFS

 

EFT43059

16/11/2017

CHINATOWN NEWSAGENCY

Daily Newspapers- Media

117.50

MFS

 

EFT43063

16/11/2017

FIELD AIR CONDITIONING & AUTO ELECTRICAL P/L

Vehicle & Car parts- Workshop

206.15

MFS

 

EFT43067

16/11/2017

NORTH WEST STRATA SERVICES

Levies staff housing- 11/6 & 8/6 Ibis

2692.50

MFS

 

EFT43068

16/11/2017

PINDAN LABOUR SOLUTIONS P/L

Temporary staff- Ranger

9667.46

MFS

 

EFT43069

16/11/2017

SECURITY & TECHNOLOGY SERVICES - NORWEST

Equip Maint & Supplies- IT

163.24

MFS

 

EFT43070

16/11/2017

ST MARYS COLLEGE - SECONDARY

Sponsorship- Community Development

5500.00

MFS

 

EFT43074

17/11/2017

SHIRE OF BROOME

BOND REFUND CIVIC CENTRE OCTOBER 17 (TO PAY INV. 45370)

6907.25

MFS

 

EFT43077

23/11/2017

BROOME FIRST NATIONAL REAL ESTATE

Staff Rent & Pearl cost storage 01/11/2017 - 30/11/2017

12012.80

MFS

 

EFT43079

23/11/2017

HUTCHINSON REAL ESTATE

Staff Rent 01/11/2017 - 30/11/2017

2085.71

MFS

 

EFT43082

23/11/2017

PRD NATIONWIDE

Staff Rent 01/11/2017 - 30/11/2017

1825.00

MFS

 

EFT43083

23/11/2017

RAY WHITE BROOME

Staff Rent 01/11/2017 - 30/11/2017

15642.85

MFS

 

EFT43084

23/11/2017

RYAN AND PAULA JACK

Staff Rent 01/11/2017 - 30/11/2017

3128.57

MFS

 

EFT43090

23/11/2017

BEST KIMBERLEY COMPUTING

Copier charges- IT

1150.12

MFS

 

EFT43092

23/11/2017

BRETTS PEST MANAGEMENT

Pest treatment- Staff housing

110.00

MFS

 

EFT43093

23/11/2017

BROOME CLARK RUBBER

Pool servicing & toys- Shire staff housing

325.35

MFS

 

EFT43094

23/11/2017

BROOME DIESEL & HYDRAULIC SERVICE

Vehicle parts- WMF & Workshop

5432.80

MFS

 

EFT43095

23/11/2017

BROOME MOTORS

Vehicle parts- Workshop

300.35

MFS

 

EFT43096

23/11/2017

BROOME PLUMBING & GAS

Plumbing repairs & maintenance- BRAC, Cable beach toilets, KRO & Civic centre

1305.00

MFS

 

EFT43097

23/11/2017

BROOME PROGRESSIVE SUPPLIES

Consumables & kiosk stock- Depot & BRAC

1943.62

MFS

 

EFT43098

23/11/2017

BROOME SCOOTERS P/L

Material purchase & maintenance- Depot

498.80

MFS

 

EFT43099

23/11/2017

BROOME SMALL MAINTENANCE SERVICES

Building maintenance- Administration Office

124.00

MFS

 

EFT43100

23/11/2017

BROOME TOWING & SALVAGE

Abandoned vehicle towing- Rangers

88.00

MFS

 

EFT43101

23/11/2017

BROOME TOYOTA

Vehicle parts- Workshop

1291.65

MFS

 

EFT43102

23/11/2017

BROOMECRETE

Materials- Depot

11185.90

MFS

 

EFT43103

23/11/2017

CABLE BEACH ELECTRICAL SERVICE

Electrical repairs- Cable Beach Reserve, Cygnet park & Male oval

1589.50

MFS

 

EFT43104

23/11/2017

CABLE BEACH TYRE SERVICE P/L

Tyres- Workshop & WMF

1806.50

MFS

 

EFT43135

24/11/2017

COAST & COUNTRY ELECTRICS

Electrical works- BRAC, KRO, Library & Staff housing

4952.75

MFS

 

EFT43136

24/11/2017

COASTAL DISTRIBUTING & PROVEDORING

Kiosk stock- BRAC

1830.83

MFS

 

EFT43140

24/11/2017

COPY CATS DIGITAL PRINT & DESIGN II

Sign in/out book- BRAC

55.00

MFS

 

EFT43141

24/11/2017

CT MECHANICAL & SERVICES

Vehicle service & repairs- WMF

781.00

MFS

 

EFT43142

24/11/2017

DEBRA POINTING

Rates refund due to overpayment for assessment A121036

2904.33

MFS

 

EFT43143

24/11/2017

FIELD AIR CONDITIONING & AUTO ELECTRICAL P/L

Vehicle repairs and parts- Workshop

2348.25

MFS

 

EFT43144

24/11/2017

FIRE & SAFETY SERVICES

Fire equipment monthly testing- Civic Centre & BRAC

834.16

MFS

 

EFT43147

24/11/2017

JETRIDGE HOLDINGS P/L

Building maintenance- BRAC

1700.00

MFS

 

EFT43149

24/11/2017

KIMBERLEY BOOKSHOP

Books- Library

65.67

MFS

 

EFT43150

24/11/2017

KIMBERLEY CAMPING & OUTBACK SUPPLIES

Staff uniform and supplies - Environmental Health & Depot

3814.75

MFS

 

EFT43151

24/11/2017

KIMBERLEY DISTRIBUTORS

Kiosk stock- BRAC

622.18

MFS

 

EFT43152

24/11/2017

KIMBERLEY GOLD PURE DRINKING WATER

Drinking water- WMF, Admin building and Civic centre

605.00

MFS

 

EFT43156

24/11/2017

LANDMARK OPERATIONS LTD

Fertiliser- P&G

1009.69

MFS

 

EFT43159

24/11/2017

MCCORRY BROWN EARTHMOVING P/L

Plant hire- Works, Infrastructure and EMF (RFQ 17-81)

30808.25

MFS

 

EFT43161

24/11/2017

MIDALIA STEEL P/L

Materials- P&G

379.54

MFS

 

EFT43163

24/11/2017

MUDMAP STUDIO

Consultant fee- Cemetery upgrade

687.50

MFS

 

EFT43164

24/11/2017

NORTH WEST COAST SECURITY

Security services- Various Shire sites

7443.16

MFS

 

EFT43166

24/11/2017

OFFICE NATIONAL BROOME

Furniture & stationery- Administration Building, WMF, BRAC, Property, IT and Infrastructure

4231.40

MFS

 

EFT43168

24/11/2017

PEARL COAST CRANE HIRE

Hire- Infrastructure

508.75

MFS

 

EFT43169

24/11/2017

PENINSULA BOMBERS FOOTBALL CLUB

Community Sponsorship- Community development

1000.00

MFS

 

EFT43170

24/11/2017

PINDAN LABOUR SOLUTIONS P/L

Temporary Shire Staff- BRAC & HR

1781.05

MFS

 

EFT43171

24/11/2017

POOL WISDOM

Pool chemicals- BRAC

1592.10

MFS

 

EFT43174

24/11/2017

ROADLINE CIVIL CONTRACTORS

Traffic Management Plan- Works

748.00

MFS

 

EFT43176

24/11/2017

SHIRE OF DERBY/WEST KIMBERLEY

Kimberley Zone Meeting- CEO

1701.72

MFS

 

EFT43182

24/11/2017

SUN PICTURES WA P/L

Late night trading movie- Chinatown Revitalisation

1100.00

MFS

 

EFT43184

24/11/2017

TAPPED PLUMBING & GAS P/L

Plumbing repairs & maintenance- Male oval ablutions

127.60

MFS

 

EFT43185

24/11/2017

TERRITORY RURAL BROOME

Consumables, chemicals, chlorine and reticulation - P&G and Depot

3707.26

MFS

 

EFT43186

24/11/2017

THINK WATER BROOME

Reticulation expenses- Depot and P&G

3942.06

MFS

 

EFT43188

24/11/2017

TOXFREE

Waste removal- various

95712.85

MFS

 

EFT43191

24/11/2017

VISTA HOME IMPROVEMENTS

Cleaning services- Community Storage facility

1276.00

MFS

 

EFT43194

24/11/2017

WANNA PLAY IND

Street performers- Chinatown late night trading

600.00

MFS

 

EFT43199

24/11/2017

ZANDERS AT CABLE BEACH

Rates refund due to overpayment for assessment A101331

2044.14

MFS

 

EFT43200

27/11/2017

BROOME CIRCLE INC

Community Sponsorship- Community Development

1000.00

MFS

 

EFT43201

27/11/2017

BROOME VETERINARY HOSPITAL

Provision of boarding, veterinary & euthanasia costs- October 2017

4911.65

MFS

 

EFT43205

27/11/2017

MCCORRY BROWN EARTHMOVING P/L

Equipment Hire- Construction on Crab Creek road (RFQ17-81)

165613.31

MFS

 

EFT43206

27/11/2017

TOTALLY WORKWEAR

Uniforms- Depot

115.00

MFS

 

EFT43207

27/11/2017

TROPICAL UPHOLSTERY

Repairs to inflatable- BRAC

121.00

MFS

 

EFT43212

28/11/2017

BROOME HORSERIDERS CLUB INC.

Community Sponsorship- Community Development

1000.00

MFS

 

EFT43213

28/11/2017

CT MECHANICAL & SERVICES

Vehicle repair & maintenance - Workshop & WMF

1210.00

MFS

 

EFT43214

28/11/2017

FIELD AIR CONDITIONING & AUTO ELECTRICAL P/L

Battery- WMF

206.30

MFS

 

EFT43219

28/11/2017

MCCORRY BROWN EARTHMOVING P/L

Equipment hire at WMF 27/10/2017

676.50

MFS

 

EFT43222

28/11/2017

TERRITORY RURAL BROOME

Reticulation- P&G

523.21

MFS

 

EFT43225

29/11/2017

SHIRE OF BROOME

BOND REFUND CIVIC CENTRE 19.10.17 (PAY INV. 45394)

525.00

MFS

 

EFT43226

29/11/2017

MECQUELA MORATO

BOND REFUND CIVIC CENTRE 03 & 04.11.17

1172.22

MFS

 

EFT43227

29/11/2017

SHIRE OF BROOME

REFUND BOND CIVIC CENTRE 03 & 04.11.17 (TO PAY INV. 45393)

2427.78

MFS

 

EFT43228

29/11/2017

KIMBERLEY ABORIGINAL MEDICAL SERVICES LTD

BOND REFUND CIVIC CENTRE 27.10.17

1062.00

MFS

 

EFT43229

29/11/2017

SHIRE OF BROOME

BOND REFUND CIVIC CENTRE 27.10.17 (TO PAY INV. 45392)

2073.00

MFS

 

EFT43230

30/11/2017

AVERY AIRCONDITIONING P/L

Airconditioning maintenance- Civic Centre

413.38

MFS

 

EFT43233

30/11/2017

BROOME AUTO EXCELLENCE

Vehicle parts- WMF

117.35

MFS

 

EFT43234

30/11/2017

BROOME BUILDERS P/L

Minor assets- Library

1980.00

MFS

 

EFT43235

30/11/2017

BROOME PROGRESSIVE SUPPLIES

Operating expense & consumables- Depot & BRAC

240.06

MFS

 

EFT43236

30/11/2017

BROOME SCOOTERS P/L

Vehicle parts- Workshop & Depot

307.80

MFS

 

EFT43237

30/11/2017

CARPET PAINT & TILE CENTRE

Paint- Depot

198.00

MFS

 

EFT43239

30/11/2017

CT MECHANICAL & SERVICES

Plant repair- Waste Management Facility

2590.50

MFS

 

EFT43243

30/11/2017

FOOTPRINT CLEANING

Cleaning services- Shire various sites

45635.80

MFS

 

EFT43247

30/11/2017

KIMBERLEY DISTRIBUTORS

Kiosk stock- BRAC

393.69

MFS

 

EFT43248

30/11/2017

KIMBERLEY WASHROOM SERVICES

Cleaning services

820.00

MFS

 

EFT43250

30/11/2017

LACHLAN STUART FRASER

Laneway enhancement project- Chinatown Revitalisation

10175.00

MFS

 

EFT43251

30/11/2017

LAIRD TRAN STUDIO

Consultant expenses- BRAC

1408.00

MFS

 

EFT43253

30/11/2017

NORTH WEST COAST SECURITY

Security services- Civic centre

528.00

MFS

 

EFT43254

30/11/2017

NORTH WEST STRATA SERVICES

Quarterly strata levy- Shire staff housing

566.25

MFS

 

EFT43257

30/11/2017

PINDAN LABOUR SOLUTIONS P/L

Temporary staff- Rangers & HR

8513.38

MFS

 

EFT43258

30/11/2017

ROBERT JOSEPH LANDER

Rates refund due to overpayment for assessment A303968

1780.60

MFS

 

EFT43265

30/11/2017

TRADELINK PLUMBING SUPPLIES

Safety equipment- Depot

148.50

MFS

 

MUNICIPAL ELECTRONIC FUNDS TRANSFER TOTAL:

$746,570.04

 

 

TRUST CHEQUES - NOVEMBER 2017

Cheque

Date

Name

Description

Amount

Del Auth

 

57492

14/11/2017

SHIRE OF BROOME

Library petty cash (31.10.17- 01.11.17)

124.05

MFS

 

57493

14/11/2017

SHIRE OF BROOME

Admin petty cash (28.06.17 - 01.11.17)

668.40

MFS

 

57496

30/11/2017

TARGET AUSTRALIA P/L

Equipment- Rangers

73.00

MFS

 

MUNICIPAL CHEQUES TOTAL:

$865.45

 

 

MUNICIPAL DIRECT DEBIT/CREDIT CARD PAYMENTS - NOVEMBER 2017

DD#

Date

Name

Description

Amount

Del Auth

 

DD23514.2

03/11/2017

BROOME PRIMARY SCHOOL

Donation (Broome Primary School Presentation Night)- Office of the CEO (Credit card payment 20.11.17)

35.00

MFS

 

MUNICIPAL DIRECT DEBIT TOTAL:

$35.00

 

 

MUNICIPAL ELECTRONIC TRANSFER TOTAL

$746,570.04

 

 

MUNICIPAL CHEQUES TOTAL

$0.00

 

 

TRUST CHEQUE TOTAL

$865.45

 

 

MUNICIPAL DIRECT DEBIT/ CREDIT CARD TOTAL

$35.00

 

 

TOTAL PAYMENTS - OCTOBER 2017

$747,470.49

 

 

Key for Delegation of Authority:

 

CEO

Chief Executive Officer

 

MFS

Manager Financial Services

 

DCS

Director Corporate Services

 

 

 

 


MinutesOrdinary Meeting of Council 14 December 2017                                                                   Page 758 of 1354

 

 

9.4.2      MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT NOVEMBER 2017

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           FRE02

AUTHOR:                                                   Coordinator Financial Operations

CONTRIBUTOR/S:                                    Senior Finance Officer

RESPONSIBLE OFFICER:                           Director Corporate Services

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    6 December 2017

 

SUMMARY: Council is required by legislation to consider and adopt the Monthly Statement of Financial Activity Report for the period ended 30 November 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                       41.92%

Total Rates Raised Revenue            100% (of which 72.71% has been collected)

Total Other Operating Revenue     49%

Total Operating Expenditure           34%

Total Capital Revenue                     35%   

Total Capital Expenditure                10%

Total Sale of Assets Revenue           21%

 

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 were completed and presented to the Audit Committee on 16 October 2017 before being endorsed by Council on 19 October 2017. The final report included recommendations for the use of an additional $1,727,141 in carried forward surplus. These recommendations were approved by Council and incorporated into the 2017-18 budget. The result of all amendments year-to-date has a nil impact on the forecast end-of-year position and presents a balanced budget.

 

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 Marriott

That Council:  

1.   Adopts the Monthly Financial Activity Report for the period ended 30 November 2017; and

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

CARRIED UNANIMOUSLY 6/0

 

Attachments

1.

Monthly Financial Activity Statements Report - November 2017

2.

Summary Schedule

3.

Schedule 3-14

  


Item 9.4.2 - MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT NOVEMBER 2017

 

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


Item 9.4.2 - MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT NOVEMBER 2017

 

 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


MinutesOrdinary Meeting of Council 14 December 2017                                                                   Page 873 of 1354

 

 

9.4.3      MINUTES OF THE JOINT MEETING OF THE KIMBERLEY ZONE OF WALGA AND REGIONAL COLLABORATIVE GROUP HELD 1 SEPTEMBER 2017

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           OGS03 & RCG01

AUTHOR:                                                   Executive Assistant to the CEO

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Chief Executive Officer

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    29 November 2017

 

SUMMARY:         This report requests Council to receive and endorse the Minutes from the Joint meeting of the Kimberley Zone of WALGA and Regional Collaborative Group held on 1 September 2017.

 

BACKGROUND

 

Previous Considerations

 

A copy of the minutes from the meeting held 1 September 2017 between members of the Kimberley Zone of WALGA and Kimberley Regional Collaborative Group (RCG) are attached for Council consideration (refer Attachment 1 - Kimberley Regional Group Minutes 1 September 2017).

 

As a result of a past decision of the group, both the Kimberley Zone and RCG meetings are joined. 

 

It should be remembered that the Kimberley Zone of WALGA is a group established to represent regional issues to the State Council of the Western Australian Local Government Association (WALGA).

 

The RCG is a deed of agreement between four (4) local governments with the Minister for Local Government to progress regional reform.

 

COMMENT

 

The minutes and respective background information are attached to this report and the following comments are made in relation to the resolutions passed by the Group. Additional recommendations have been made where necessary for Council’s consideration.

 

8.1     SECRETARIAT NOMINATION

 

The Shire of Derby West Kimberley held the position as Secretariat for the Kimberley Zone of WALGA and Kimberley Regional Group from February 2016 until the October 2017 Ordinary Council elections. The report recommended the Shire of Broome to be the nominated secretariat for the Kimberley Zone of WALGA and Kimberley Regional Group.

 

RESOLUTION:

(REPORT RECOMMENDATION)

That the Kimberley Zone of WALGA endorse the Shire of Broome as the nominated Secretariat for the Kimberley Zone of WALGA and Kimberley Regional Group to take effect after the 2017 Ordinary Local Government Elections for a tenure until the 2019 Ordinary Local Government Elections.

Moved: Cr C Mitchell                                                        Seconded: Cr V O’Neil

CARRIED UNANIMOUSLY 11/0

 

8.2     STATE COUNCIL MEETING AGENDA AND PRESIDENT’S REPORT

 

The State Council Agenda and President’s Report was received on 17 August 2017 for member consideration. A copy of the summary minutes from the State Council meeting held 8 September 2017 are attached for Council’s information (refer Attachment 2 – State Council Summary Minutes).

 

RESOLUTION:

(REPORT RECOMMENDATION)

 

That the Kimberley Zone of WALGA notes the State Council Meeting Agenda and Presidents Report.

 

Moved: Com R Yuryevich                                                 Seconded: Cr H Tracey

CARRIED UNANIMOUSLY 11/0

 

9.1     KIMBERLEY REGIONAL GROUP MEETING RESOLUTION STATUS REPORT

 

A status report was provided from the Kimberley Zone Project Officer outlining progress or otherwise on Resolutions passed by the Zone/RCG since July 2016. The status report was received and noted for finalisation under the authorisation of the Secretariat.

 

RESOLUTION:

(REPORT RECOMMENDATION)

 

That the Kimberley Regional Group:

 

1.    Notes the outstanding Resolution Status Report;

2.    Authorises the Secretariat to proceed with co-ordinating the finalisation of outstanding action items arising from meeting resolutions.

 

Moved: Cr C Mitchell                                                        Seconded: Cr M Edwards

CARRIED UNANIMOUSLY 11/0

 

9.2    KIMBERLEY REGIONAL GROUP 16/17 FINANCIAL ACTIVITY REPORT

 

A Financial Activity Report was presented for adoption, indicating the KRG have a surplus of $186,261 as at end of August 2017.

 

RESOLUTION:

(REPORT RECOMMENDATION)

 

That the Kimberley Regional Group adopts the Financial Activity Report for the period ended 24 August 2017.

 

Moved:  Cr C Mitchell                                                       Seconded: Cr M Edwards

CARRIED UNANIMOUSLY 11/0

 

9.3     REGIONAL WASTE TECHNICAL ADVISORY GROUP (TAG) – MINUTES OF MEETING

 

This report presented the minutes from the Regional Waste TAG meeting held 14 August 2017. A copy of the minutes are attached for Council’s information (refer Attachment 3 – Waste TAG Minutes 14 August 2017).

 

RESOLUTION:

 

That the Kimberley Regional Group:

1.   Receives the minutes from the Regional Waste TAG meeting held 14 August 2017;

2.   Strengthens the relationship between the Waste TAG and WALGA.

 

Moved: Cr C Mitchell                                                        Seconded: Cr V O’Neil

CARRIED UNANIMOUSLY 11/0

Reason for amendment: To facilitate better alignment with State and Regional strategies.

 

CONSULTATION

 

Nil

 

STATUTORY ENVIRONMENT

 

Nil

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

There are no direct financial implications to the Shire of Broome from any of the aforementioned resolutions passed by the Kimberley Zone of WALGA/Regional Collaborative Group.

 

It is noted that in-kind support will be provided by the Shire of Broome in it’s capacity as the Zone Secretariat.

 

RISK

 

There is minimal risk associated with the recommendation of this report to the Shire of Broome.

 

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

 

High level social capital that increases community capacity

 

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

 

Affordable and equitable services and infrastructure

 

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

 

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

 

An organisational culture that strives for service excellence

 

Sustainable and integrated strategic and operational plans

 

Responsible resource allocation

 

Effective community engagement

 

Retention and attraction of staff

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Simple Majority

 

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                               Seconded: Cr B Rudeforth

That Council receives and endorses the resolutions of the Kimberley Zone of WALGA/Regional Collaborative Group as attached in the minutes from the Joint Meeting held 1 September 2017 enbloc.

CARRIED UNANIMOUSLY 6/0

 

Attachments

1.

Kimberley Regional Group Minutes 1 September 2017

2.

State Council Summary Minutes 8 September 2017

3.

Waste TAG Minutes 14 August 2017

  


Item 9.4.3 – MINUTES OF THE JOINT MEETING OF THE KIMBERLEY ZONE OF WALGA AND REGIONAL COLLABORATIVE GROUP HELD 1 SEPTEMBER 2017

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Item 9.4.3 - MINUTES OF THE JOINT MEETING OF THE KIMBERLEY ZONE OF WALGA AND REGIONAL COLLABORATIVE GROUP HELD 1 SEPTEMBER 2017

 

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Waste TAG – Meeting Minutes

 

Date:

Monday 14 August 2017

Venue:

Beingthere Video Conference

Time:

11.00am – 12.00pm

 

 

Attendees:

Rebecca Herbert – Kimberley Regional Group

 

Stuart Martin - Shire of Derby/West Kimberley

 

Steven Harding - Shire of Broome

 

David Klye - Shire of Wyndham/East Kimberley

 

 

Apologies:

Musa Mono - Shire of Halls Creek

 

 

1.    Discussion Items

 

a)    Tyre Recycling

 

Previous Action items

·    Both Wyndham & Halls Creek shires to advise the actual number of tyres on each site – Outstanding

·    Approach Derby Shire to ask if they would be interested in joining the processing of the tyres rather than storing them on site. – Indicated an interest

 

New business

·    SOB want to send at least 10,000 tyres to Perth for recycling. They are currently developing a RFQ.

 

New Action items

·    Each shire to let SOB know quantities of tyres and their response if they will send tyres to Broome, to be part of this initial shipment to Perth.

 

b)    Liquid Waste Management

 

New business

·    SDWK are currently reviewing their fees and charges.

·    SWEK are looking at putting in a similar facility to Broome

·    SOB is looking at getting a process engineer to review their operation and maintenance program. This information

 

New Action items

•          SOB to share their review through the TAG.

 

c)    Domestic Bin collection

 

Previous Action items

·    Advise Halls Creek Shire of who is the gas contractor in Broome to remove the gas. - Outstanding

·    Broome Shire is to check if the bins are weighed when collected by Toxfree. - Outstanding

 

New business

·    SDWK are currently reviewing their fees and charges.

·    SOB currently doing an audit of bin chips/correlation of households

·    It was discussed that a bin replacement time of 15yrs is valid.

 

New Action items

·    SOB to find out if the bin chips record the bin volume.

 

2.      Business to be discussed at next meeting- 2 October 2017 via Beingthere Video Conference

·        Regional Waste Management Plan (copy attached)

 

3.      Close


MinutesOrdinary Meeting of Council 14 December 2017                                                                   Page 935 of 1354

 

 

9.4.4      REVIEW OF DELEGATIONS OF AUTHORITY

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           ARE02

AUTHOR:                                                   Manager Governance

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Corporate Services

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    27 November 2017

 

SUMMARY:         The purpose of this report is for Council to review and consider its delegations to the Chief Executive Officer, and to adopt the reviewed Delegations of Authority Register.

 

BACKGROUND

 

Previous Considerations

 

OMC 21 December 2006                 Item 9.1.3

OMC 24 July 2008                              Item 9.1.5

OMC 17 December 2008                 Item 9.1.7

OMC 19 March 2009                         Item 9.1.2

OMC 18 March 2010                         Item 9.1.1

OMC 17 March 2011                         Item 9.1.2

OMC 15 March 2012                         Item 9.4.4

OMC 20 June 2013                            Item 9.4.4

OMC 27 March 2014                         Item 9.4.4

OMC 18 December 2014                 Item 9.4.2

OMC 31 March 2016                         Item 9.4.4

OMC 23 February 2017                     Item 9.4.6

 

Under section 5.42 of the Local Government Act 1995 (the Act), a Local Government may delegate to the Chief Executive Officer any of its powers or the discharge of any of its duties under the Act, other than those prescribed under section 5.43 and any of its duties under the Planning and Development Act 2005 section 214(2)(3) or (5). 

 

Local Governments also have an ability to carry out statutory functions and duties via other related legislation.  To delegate authority provides for the conferral of the ability to exercise a power or duty to a person from a person that is vested with the responsibility to exercise that power or duty.

 

The primary aim of delegated authority is to assist with improving time taken to make decisions within the constraints allowed by relevant legislation.  Having appropriate delegations in place allow day to day decisions to be made by the Chief Executive Officer (CEO), who in turn can sub delegate these decisions to staff if statutorily allowable.

 

Section 5.18 and 5.46(2) of the Act requires that a Local Government keep a register of delegations of authority made under the Act and that these are reviewed at least once every financial year.  Section 5.18 relates to Register of Delegations to Committees, and it is noted that there are no Committees with delegated authority.

 

The Delegation Register is a comprehensive document that includes delegations made under legislation other than the Local Government Act 1995.  The Instrument of Delegation Register was last presented to Council for review on 23 February 2017.

 

COMMENT

 

The Chief Executive Officer, Directors and responsible officers have reviewed the current delegations.  The Instrument of Delegation Register, with proposed amendments marked, forms an attachment to this report.   Policies have been renumbered and any reference to a Policy within the Register of Delegations has been amended to reflect the reviewed policy numbering.

 

It should be noted that Section 5.44 of the Act allows for the Chief Executive Officer to sub-delegate to any employee of the Local Government the exercise of any of the Chief Executive Officer’s powers or the discharge of any of the Chief Executive Officer’s duties under the Act, other than the power of delegation.  Sub delegations are included in the Shire of Broome Instrument of Delegation Register for consolidation purposes only and are not a matter for Council consideration. 

 

A workshop was held with Councillors on Tuesday 28 November 2017 which was attended by Councillors Tracey, Male, Fryer, Marriott, Matsumoto, Mitchell and Rudeforth.

 

It is noted that where a delegation references a policy, the policy number has been updated to reflect numbering changes as a result of the biennial Policy review.      Following is a summary of proposed amendments to the delegations:

 

Local Government Act 1995

 

·    LGA1 Activities Requiring Approval

Minor amendment proposed to include delegation to alter or vary a permit or licence.

 

·    LGA2 Administering the Local Government (Miscellaneous Provisions) Act 1960

Reviewed – no changes proposed.

 

·    LGA4 Appointment of Acting CEO

Proposed to be withdrawn and replaced with a Council Policy.

 

·    LGA5 Approval of Signage within Active Reserves

Minor amendment to update position title.

 

·    LGA6 Approval to use Council Property for Activities Involving the Sale, Supply and Consumption of Liquor

Minor amendment to update position title.

 

·    LGA7 Approve Applications for Public Health Initiatives

Reviewed – no changes proposed.

 

·    LGA8 Broome Recreation and Aquatic Centre – Trading hours, Extension of

Reviewed – proposed to be withdrawn as this is a function of the CEO and therefore does not require a delegation.

 

·    LGA9 Broome Street Number Markers

Reviewed – no changes proposed.

 

·    LGA10 Building Permits, Refund of Building Permit Fees

Minor amendment proposed to update the Directorate title.

 

·    LGA11 Cape Leveque Road, Wet Season Closure and Load Limits

Minor amendments proposed to update local law references.

 

·    LGA12 Council Chambers

Reviewed – no changes proposed.

 

·    LGA13 Declaring a Vehicle to be an Abandoned Vehicle Wreck

Reviewed – no changes proposed.

 

·    LGA14 Disposal and Acquisition of Assets (Other than Land)

Reviewed – no changes proposed.

 

·    LGA15 Disposal of Impounded Vehicles and Goods

It is proposed to remove the reference to section 3.40 of the Act as it is the subject of Delegation LGA13 – Declaring a Vehicle to be an Abandoned Vehicle Wreck.

 

·    LGA16 Disposing of Sick or Injured Impounded Animals

Reviewed – no changes proposed.

 

·    LGA18 Insurance

Reviewed – no changes proposed.

 

·    LGA19 Investment of Surplus Funds

Reviewed – no changes proposed.

 

·    LGA20 Local Government (Uniform Local Provisions) Regulations 1996, Consent Permission or Approvals

Reviewed – no changes proposed.

 

·    LGA22 Municipal/Trust Fund, Authorisation of Payments, including Creditors

Reviewed – no changes proposed.

 

·    LGA23 Operational – Authorised Officers, Appointment of

Local laws referenced have been updated and include ‘as amended’ to enable the delegation to be applied to amended local laws and legislation.  Head of Power amended to incorporate the Dog Act 1976, Health Act 1911 and the Cemeteries Act 1986.

 

·    LGA24 Operational – Community Sponsorship Program

Proposed changes to allow the CEO to allocate ad-hoc sponsorship in accordance with annual priorities set by the Community Sponsorship Assessment Working Group.  Reflects changes proposed in Policy 3.4.2 - Community Sponsorship Program.

 

·    LGA25 Operational – Contract Price Variations

Reviewed – no changes proposed.

 

·    LGA26 Operational – Legal Representation, Costs Indemnification

Reviewed – no changes proposed.

 

·    LGA27 Permits, Road Trains and Extra Mass

Minor amendments proposed to update local law references.

 

·    LGA28 Private Works

Reviewed – no changes proposed.

 

·    LGA29 Purchase Orders, Issue of

Minor amendment to wording which does not change the intent of the delegation.

 

·    LGA30 Rates and Service Charges - Agreements

Reviewed – no changes proposed.  

 

·    LGA32 Rating and Service Charges, Caveat

Reviewed – no changes proposed.

 

·    LGA33 Rating and Service Charges, Legal Action for Recovery

Reviewed – no changes proposed.  

 

·    LGA34 Recovery of Rates and Service Charges – Leased Properties

Reviewed – no changes proposed.

 

·    LGA35 Road Closures, General and Temporary

Minor amendments proposed to update local law references.

 

·    LGA36 Significant Tree Register

It is proposed to remove this delegation as it is considered an administrative matter that does not require a delegation.

 

·    LGA37 Tenders, Decision to Invite

Reviewed – no changes proposed.

 

·    LGA38 Trading Licenses

This delegation has been amended to update local laws referenced, to include delegation to amend or vary a licence and to remove redundant provisions.

 

·    LGA39 Write Off of Debts Up to $1,000

Reviewed – no changes proposed.  

 

·    LGA40 Lease Agreements – Community Storage Facility and Staff Housing

This is a proposed new delegation to provide authority to the CEO to enter into Community Storage Facility lease arrangements only with bodies the objects of which are of a charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature.  It will also cover staff housing leases.

 

Building Act 2011

·    BA1 Administering the Building Act 2011

Reviewed – no changes proposed.

 

·    BA2 Encroachment, Access and Works on Shire Owned or Managed Land

Reviewed – no changes proposed.

 

·    BA3 Seeking Consent to Affect Other Land

Reviewed – no changes proposed.

 

Bush Fires Act 1995

·    BFA1 Administering the Bush Fires Act 1954

Minor amendment proposed to update position title.

 

Cat Act 2011

·    CA1 Administering the Cat Act 2011

Proposed amendments to provide further clarity around delegation.

 

Control of Vehicles (Off Road Areas) Act 1978

·    CVA1 Vehicular Access to Prohibited Areas of Cable Beach

Minor amendments proposed to update local law reference.

 

Dog Act 1976

·    DA1 Administering the Dog Act 1976

Proposed amendments to provide further clarity around delegation.

 

Food Act 2008

·    FA1 Administering the Food Act 2008

Reviewed – no changes proposed.

 

Health (Miscellaneous Provisions) Act 1911

·    HA1 Health (Miscellaneous Provisions) Act 1911 – Appointment of Deputy to Meet Functions and Responsibilities of the Act

Reviewed – no changes proposed.

                             

Public Health Act 2016

·    PHA1 Public Health Act 2016 – Appointment of Authorised Officers

Reviewed – no changes proposed.

 

Planning and Development Act 2005 & Local Planning Scheme No 6

·    PLA1 Built Strata Certificate of Approval – Forms 24 & 26

Reviewed – no changes proposed.

 

·    PLA2 Certifying Premises Complies with Planning Laws

It is proposed to withdraw this delegation as it relates to the issue of a Section 40 Certificate under the Liquor Control Act 1988.  The Shire is not issuing an approval, it is providing certification that the premises complies with planning laws.  This action is covered by Authorisation CA1 – Execution of Documents.

 

·    PLA3 Certifying Premises Complies with Planning Laws – Motor Vehicles

It is proposed to withdraw this delegation as it relates to the issue of a certificate that motor vehicle premises comply with planning laws. The Shire is not issuing an approval, it is providing certification that the premises complies with planning laws. This action is covered by Authorisation CA1 – Execution of Documents.

 

·    PLA4 Delegation to Waive/Refund Planning Fees

Reviewed – no changes proposed.

 

·    PLA5 Determine Development Application

This delegation has been reviewed to update Part and Sections under Local Planning Scheme No 6 (LPS6) to reflect the gazettal of amendment No 4 to LPS6.  Relevant Local Planning Policies have also been updated.

 

·    PLA6 Gaming and Wagering, Applications & Renewals

It is proposed to withdraw this delegation as it relates to the issue of a certificate that a gaming premises complies with planning laws, The Shire is not issuing an approval, it is providing certification that the premises comply with planning laws.   This action is covered by Authorisation CA1 – Execution of Documents.

 

·    PLA7 Issue of Stop, Direction, Works Notices – Planning

Minor amendments to update the relevant policy referenced.

 

·    PLA8 Local Development Plans

Reviewed – no changes proposed.

 

·    PLA9 Structure Plans

Reviewed – no changes proposed.

 

·    PLA10 Subdivision and Amalgamation Applications & Clearance

Reviewed – no changes proposed.

 

·    PLA11 Submit Responsible Authority Report

Minor amendments proposed to update titles of Local Planning Policies referenced.

 

CONSULTATION

 

Nil

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

 

5.18     Register of delegations to committees

A local government is to keep a register of the delegations made under this Division and review the delegations at least once every financial year.

 

5.42.     Delegation of some powers and duties to CEO

(1)         A local government may delegate* to the CEO the exercise of any of its powers or the discharge of any of its duties under —

(a)        this Act other than those referred to in section 5.43; or

(b)        the Planning and Development Act 2005 section 214(2), (3) or (5).

* Absolute majority required.

(2)         A delegation under this section is to be in writing and may be general or as otherwise provided in the instrument of delegation.

 

5.43.     Limits on delegations to CEO

A local government cannot delegate to a CEO any of the following powers or duties -

(a)        any power or duty that requires a decision of an absolute majority or a 75% majority of the local government;

(b)        accepting a tender which exceeds an amount determined by the local government for the purpose of this paragraph;

(c)        appointing an auditor;

(d)        acquiring or disposing of any property valued at an amount exceeding an amount determined by the local government for the purpose of this paragraph;

(e)        any of the local government’s powers under section 5.98, 5.98A, 5.99, 5.99A or 5.100;

(f)          borrowing money on behalf of the local government;

(g)        hearing or determining an objection of a kind referred to in section 9.5;

(ha)      the power under section 9.49A(4) to authorise a person to sign documents on behalf of the local government;

(h)         any power or duty that requires the approval of the Minister or the Governor;

(i)          such other powers or duties as may be prescribed.

            

5.44.     CEO may delegate powers and duties to other employees

(1)         A CEO may delegate to any employee of the local government the exercise of any of the CEO’s powers or the discharge of any of the CEO’s duties under this Act other than this power of delegation.

(2)         A delegation under this section is to be in writing and may be general or as otherwise provided in the instrument of delegation.

(3)         This section extends to a power or duty the exercise or discharge of which has been delegated by a local government to the CEO under section 5.42, but in the case of such a power or duty —

(a)        the CEO’s power under this section to delegate the exercise of that power or the discharge of that duty; and

(b)        the exercise of that power or the discharge of that duty by the CEO’s delegate,

are subject to any conditions imposed by the local government on its delegation to the CEO.

(4)         Subsection (3)(b) does not limit the CEO’s power to impose conditions or further conditions on a delegation under this section.

(5)         In subsections (3) and (4) –

             conditions includes qualifications, limitations or exceptions.

            

5.45.     Other matters relevant to delegations under this Division

(1)         Without limiting the application of sections 58 and 59 of the Interpretation Act 1984-

(a)        a delegation made under this Division has effect for the period of time specified in the delegation or where no period has been specified, indefinitely; and

(b)        any decision to amend or revoke a delegation by a local government under this Division is to be by an absolute majority.

(2)         Nothing in this Division is to be read as preventing -

(a)        a local government from performing any of its functions by acting through a person other than the CEO; or

(b)        a CEO from performing any of his or her functions by acting through another person.

 

5.46.     Register of, and records relevant to, delegations to CEO and employees

(1)         The CEO is to keep a register of the delegations made under this Division to the CEO and to employees.

(2)         At least once every financial year, delegations made under this Division are to be reviewed by the delegator.

(3)         A person to whom a power or duty is delegated under this Act is to keep records in accordance with regulations in relation to the exercise of the power or the discharge of the duty.

 

Other statutes administered by Local Governments such as Planning and Development Act 2005, Building Act 2011, Health Act 1911, Food Act 2008, Cat Act 2011, Control of Vehicles (Off Road Areas) Act 1978, Caravan Parks and Camping Grounds Regulations 1997, Dog Act 1975 and Gaming and Wagering Commission Act 1987 also enable Local Governments to delegate specific functions and powers to Officers.  These are included in the Instrument of Delegation Register.

 

Health (Miscellaneous Provisions) Act 1911

 

26.        Powers of local government

Every local government is hereby authorised and directed to carry out within its district the provisions of this Act and the regulations, local laws, and orders made thereunder:

Provided that a local government may appoint and authorise any person to be its deputy, and in that capacity to exercise and discharge all or any of the powers and functions of the local government for such time and subject to such conditions and limitations (if any) as the local government shall see fit from time to time to prescribe, but so that such appointment shall not affect the exercise or discharge by the local government itself of any power or function.

            

POLICY IMPLICATIONS

 

Relevant Policies are cross referenced throughout the Instrument of Delegation Register.

 

FINANCIAL IMPLICATIONS

 

Nil

 

RISK

 

Section 5.18 and 5.46(2) of the Local Government Act 1995 requires that a Local Government keep a register of delegations of authority made under the Act and that these are reviewed at least once every financial year. 

 

The Instrument of Delegation Register was last presented to Council for review on 23 February 2017.  Council are therefore required to endorse the reviewed delegations prior to 30 June 2018 to ensure compliance with legislation.  The risk is ‘High’ if this date is not met as it results in non-compliance with the legislative requirements of the Local Government Act 1995.  The likelihood of this occurring is ‘Rare’ as the Instrument of Delegation Register has been reviewed and is being presented well in advance of this date.

 

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

 

Improved systems, processes and compliance

 

VOTING REQUIREMENTS

Absolute Majority

 

 

Council Resolution:

(Report Recommendation)

Moved: Cr D Male                                                    Seconded: Cr C Mitchell

That Council:

1.       Notes the review of the delegations.

2.       Notes the Policy numbers referenced with the Instrument of Delegation Register have been updated following the biennial Policy Review.

3.       Amends the delegations in the manner outlined within this report.

4.       Adopts the following new delegation:

a)      LGA40 – Lease Agreements – Community Storage Facility and Staff Housing

5.       Withdraws the following delegations:

a)      LGA4 – Appointment of Acting CEO

b)      LGA8 – Broome Recreation and Aquatic Centre – Trading hours, Extension of

c)      LGA36 – Significant Tree Register

d)      PLA2 – Certifying Premises Complies with Planning Laws

e)      PLA3 – Certifying Premises Complies with Planning Laws – Motor Vehicles

f)       PLA6 – Gaming and Wagering, Applications & Renewals

6.       Adopts the delegations as detailed in the attached Instrument of Delegation Register.

 

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 6/0

 

Attachments

1.

Instrument of Delegation Register

  


Item 9.4.4 - REVIEW OF DELEGATIONS OF AUTHORITY

 

 

 

 

Instrument of

Delegation

Register

 

Powers and Duties of the Council Delegated to the

Chief Executive Officer

All delegations are presented in accordance with Section 5.42 of the Local Government Act 1995 as amended or other statutes as applicable to specified officers.  In accordance with Section 5.44 of the LGA 1995 as amended, sub-delegations are listed in this document for consolidation purposes only and are not a matter that is to be considered by Council.

 

·    Presentation to Council at the OMC …………………………….–

·    Notice to Officers ………………………..

 

Standard Conditions of Delegation

 

Each instrument of delegation describes the function being delegated and the relevant statutory reference.

 

In addition to the Conditions imposed under the individual delegations, any person proposing to exercise a power under delegated authority shall comply with the following standard conditions of delegation:

 

·    In accordance with Section 5.71 of the Local Government Act 1995 and the Shire of Broome Code of Conduct, if an employee has been delegated a power or duty relating to a matter in which the employee has an interest that employee must not exercise the power or discharge the duty and must in the case of the CEO, disclose to the Shire President the nature of the interest, and in the case of any other employee, must disclose to the CEO the nature of the interest.    The LGA contains severe penalties for failure to comply.

 

·    In accordance with Sections 5.75 and 5.76 of the Local Government Act 1995 the delegation of a power or duty to an employee triggers the requirement to make disclosures in primary and annual returns.  The LGA contains severe penalties for failure to comply.  It is the responsibility of each individual employee to ensure compliance.

 

·    Any delegation exercised shall comply with any laws and regulations in force, and the requirements of any Shire of Broome local laws, Council policies and resolutions of Council.

 

In accordance with Section 5.46(3) of the Local Government Act 1995 a person to whom a power or duty is delegated under this Act is to keep records in accordance with regulations in relation to the exercise of the power or the discharge of the duty. Regulation 19 of the Local Government (Administration) Regulations 1996 requires the person to whom the power or duty has been delegated to keep a written record of :

 

          (a)     how the person exercised the power or discharged the duty;

          (b)     when the person exercised the power or discharged the duty; and

(c)        the person or classes of persons, other than council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.

Record and Reporting requirements are specified in the individual delegations.

 


 

 

TABLE OF CONTENTS

LOCAL GOVERNMENT ACT 1995. 6

LGA1        Activities Requiring Approval 6

LGA2        Administering the Local Government (Miscellaneous Provisions) Act 1960. 8

LGA3        Applications to Main Roads WA for the installation of Regulatory Signs. 10

LGA4        Appointment of Acting CEO.. 11

LGA5        Approval of Signage within Active Reserves. 12

LGA6        Approval to use Council Property for Activities Involving the Sale, or Supply and Consumption of Liquor. 13

LGA7        Approve Applications for Public Health Initiatives. 14

LGA8        Broome Recreation and Aquatic Centre – Trading hours, Extension of. 15

LGA9        Broome Street Number Markers. 16

LGA10     Waiving and refunding of fees for applications administered by Development Services  17

LGA11     Cape Leveque Road, Wet Season Closure and Load Limits. 18

LGA12     Council Chambers. 20

LGA13     Declaring A Vehicle To Be An Abandoned Vehicle Wreck. 21

LGA14     Disposal and Acquisition of Assets (Other than Land). 22

LGA15     Disposal of Impounded Vehicles and Goods. 23

LGA16     Disposing of Sick Or Injured Impounded Animals. 24

LGA17     Execution of Documents – Authorisation without Common Seal 25

LGA18     Insurance. 26

LGA19     Investment of Surplus Funds. 27

LGA20     Local Government (Uniform Local Provisions) Regulations 1996, Consent Permission or Approvals. 28

LGA21     Management Orders, Acceptance of. 29

LGA22     Municipal / Trust Fund, Authorisation of Payments, including Creditors. 30

LGA23     Operational – Authorised Officers, Appointment of. 32

LGA24     Operational – Community Sponsorship Program... 34

LGA25     Operational – Contract Price Variations. 35

LGA26     Operational – Legal Representation, Costs Indemnification. 36

LGA27     Permits, Road Trains and Extra Mass. 37

LGA28     Private Works. 38

LGA29     Purchase Orders, Issue of. 39

LGA30     Rates and Service Charges - Agreements. 40

LGA31     Rates, Unpaid – Power for Sale. 41

LGA32     Rating and Service Charges, Caveat 42

LGA33     Rating and Service Charges, Legal Action for Recovery. 43

LGA34     Recovery of Rates and Service Charges – Leased Properties. 44

LGA35     Road Closures, General and Temporary. 45

LGA36     Significant Trees Register. 46

LGA37     Tenders, Expressions of Interest and Panels of Pre-qualified Suppliers. 48

LGA38     Trading Licences. 50

LGA39     Write Off of Debts Up to $1,000. 52

LGA40     Lease Agreements – Community Storage Facility and Staff Housing. 53

BUILDING ACT 2011. 55

BA1           Administering the Building Act 2011. 55

BA2           Encroachment, Access and Works on Shire Owned or Managed Land. 58

BA3           Seeking Consent to Affect Other Land. 60

BUSH FIRES ACT 1954. 61

BFA1        Administering the Bush Fires Act 1954. 61

CARAVAN PARKS AND CAMPING ACT 1995. 65

CPCA1    Administering the Caravan Parks and Camping Act 1995. 65

CAT ACT 2011. 66

CA1           Administering the Cat Act 2011. 66

CONTROL OF VEHICLES (OFF ROAD AREAS) ACT 1978. 68

CVA1       Vehicular Access to Prohibited Areas of Cable Beach. 68

DOG ACT 1976. 70

DA1           Administering the Dog Act 1976. 70

FOOD ACT 2008. 73

FA1           Administering the Food Act 2008. 73

HEALTH ACT 1911. 74

HA1          Health (Miscellaneous Provisions) Act 1911 – Appointment of Deputy to Meet Functions and Responsibilities of the Act 74

LIQUOR CONTROL ACT 1988. 75

LCA1        Liquor Control Act 1988 – Certificate of Local Government as to whether premises comply with Laws (Health and Building). 75

LCA2        Liquor Licensing Extended Trading Permits. 76

PUBLIC HEALTH ACT 2016. 77

PHA1       Public Health Act 2016 – Appointment of Authorised Officers. 77

PLANNING AND DEVELOPMENT ACT 2005 & LOCAL PLANNING SCHEME NO 6. 78

PLA1        Built Strata Certificate of Approval – Forms 24 & 26. 78

PLA2        Certifying Premises Complies with Planning Laws. 79

PLA3        Certifying Premises Complies with Planning Laws – Motor Vehicles. 80

PLA4        Delegation to Waive/Refund Planning Fees. 81

PLA5        Determine Development Application. 82

PLA6        Gaming and Wagering, Applications & Renewals. 85

PLA7        Issue of Stop, Direction, Works Notices - Planning. 86

PLA8        Local Development Plans. 87

PLA9        Structure Plans. 89

PLA10      Subdivision and Amalgamation Applications & Clearance. 91

PLA11      Submit Responsible Authority Report 93

WITHDRAWN DELEGATIONS.. 95

 


LOCAL GOVERNMENT ACT 1995

LGA1   Activities Requiring Approval

 

Head of Power                      Local Government Act 1995 (Sections 5.42 & 5.44)

 

Power/Duty Delegated        

 

Part

3 – Functions of local governments

Division

2 – Legislative functions of local governments

3 – Executive Functions of local governments

Section

3.18 – Performing executive functions

3.21 – Duties when performing functions

3.50 – Closing of certain thoroughfares to vehicles

Sub section

 

Local Law

Shire of Broome Local Government Property and Public Places Local Law 20126 (or as amended)

Relevant Policies

4.2.5 – Traffic Management for Events

3.3.6 – Trading in Public Places3.3.7 – Horses on Cable Beach

3.4.7 – Events

3.5.1 – BRAC Reserve Non Sporting Special Events

Previous Delegation #            D.01

 

Detail of delegation 

 

The Chief Executive Officer is delegated authority to approve activities on any local government property or public place within the Broome town site area in accordance with local law.

 

Power to amend, vary or alter permits and licences issued under the Local Government Property and Public Places Local Law 2016.

 

Conditions Imposed

 

The delegation is to be exercised in accordance with relevant Council policies.

 

Where appropriate and where the event will impact upon a public road the requirements of the Traffic Management for Events Code of Practice shall be adhered to.

 

Sub-delegation Permitted    Yes

 

Sub-delegated to                  Deputy Chief Executive Officer

                                                Director Development Services & and Community

                                                Director Infrastructure

                                                Manager Health, Emergency & Ranger Services

                                                Manager Community Development

Coordinator Events & Economic Development Coordinator (the sub delegation to this position only applies to the approval of non-exclusive events and filming                             permits in accordance with Events Policy 3.4.7)

 

                                               

Record requirements           Documentation to be recorded to files LAW009, REP002, REP003, REP004 or          REP005 or the appropriate reserve or property file as applicable.

 

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register).

 


LGA2   Administering the Local Government (Miscellaneous Provisions) Act 1960

 

Head of Power                      Local Government Act 1995 (Sections 5.42 & 5.44)

 

Power/Duty Delegated        

Part

 

Division

 

Section

 364, 448, 449, 450, 451, 452, 453, 455, 456, 457, 460, 464, 474

Sub section

 

Local Law

 

Relevant Policies

 

Previous Delegation #:           N/A

 

Detail of delegation 

 

The Council delegates authority to the Chief Executive Officer to perform the functions in relation to the administration of the Local Government (Miscellaneous Provisions) Act 1960 including the following:

 

·    s 364(2) - cause written notice of a new street alignment to be served on the owners of land affected.

·    s 364(3C) - approve the execution of minor, but not substantial repairs in order to permit the reasonable preservation of building or work.

·    s 364(6) - lease land, or a portion of it, to the owner of the land of which it abuts.

·    s 364(7) - pay compensation to the owner of land dedicated and revested under section 364.

·    s 364(9) - cause written notice of land revested under section 364 to be given.

·    s 448 - give consent for cattle to be driven along or onto a street, way, or place.

·    s 448 - impound cattle driven along or onto a street, way, or place, without permission.

·    s 449 - establish and maintain one or more public pounds, appointing fit and proper persons to be keepers of those pounds.

·    s 449 - appoint a Ranger or Rangers.

·    s 450 - cause public notice to be given of the establishment of a public pound and the appointment of or removal of pound keepers and Rangers.

·    s 451(1) - close a pound and dismiss the pound keeper and Rangers.

·    s 452(1) - cause a public pound to be properly enclosed, and so adapted, that cattle impounded with contagious or infectious diseases can be segregated from cattle free from those diseases while impounded.

·    s 453 - cause adequate shelter and water to be afforded to cattle whilst impounded.

·    s 455(1) - supply the pound keeper with a copy of the Local Government (Miscellaneous Provisions) Act 1960 and a pound book.

·    s 456 - erect and maintain in proper repair at the public pound, a board displaying the holding capacity, fees, charges and rates at which damages may be claimed.

·    s 457(3) - pay any unclaimed money held by the public pound to the trust fund.

·    s 457(4) - after a period of two years, pay any unclaimed money received from the pound keeper into the municipal fund.

·    s 460(3AA)(b) - appoint a person, and make arrangements, to carry out the sale of cattle impounded by a land owner or occupier, to which damages and sustenance charges have not been paid within 72 hours.

·    s 464 - vary the poundage, trespass, sustenance, and rangers fees and charges.

·    s 474(4)(a) - appoint a person, and make arrangements, to carry out the sale of unclaimed cattle impounded in a public pound.

 

Conditions Imposed

 

Delegation to be in writing, any sub-delegation to be in writing and reviewed every financial year.

                                               

Sub-delegation Permitted:   Yes           

 

Sub-delegated to:

 

Director Development and CommunityServices: 

s 364(2), s 364(3C), s 364(9), s 448, s 449, s 452(1), s 453, s 455(1), s 456, s 460(3AA)(b), s 464, s 474(4)(a)

 

Manager Health, Emergency and Ranger Services:

s 448, s 449, s 452(1), s 453, s 455(1), s 456, s 460(3AA)(b), s 464, s 474(4)(a)


Ranger Coordinator:
s 448, s 452(1), s 453, s 455(1), s 456

Rangers: 
s 448 (Impound Only), s 453

Record requirements           Documentation to be recorded as per Shire Protocols.

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register)

 


LGA3   Applications to Main Roads WA for the installation of Regulatory Signs

 

(Withdrawn OMC 28 September 2017 – Item 9.4.3)

 

 


LGA4   Appointment of Acting CEO

 

Head of Power                      Local Government Act 1995 – (Section 5.42)

 

Power/Duty Delegated        

 

Part

5  Administration

Division

4 – Local government employees

Section

5.36 – Local government employees

Sub section

(1)(a)

Local Law

Nil

Relevant Policies

Nil

 

Previous Delegation #            D.03

 

Detail of delegation 

 

Council delegates to the Chief Executive Officer the power under section 5.36(1)(a) of the Local Government Act 1995 to appoint an employee of the Shire of Broome to be the Acting Chief Executive Officer for a period of absence of the Chief Executive Officer of not greater than 30 business days.

 

Conditions Imposed

 

1.          The Chief Executive Officer must be satisfied that the person appointed as Acting CEO is suitably qualified for the position (refer to section 5.36(2)(a) of the Local Government Act.

 

2.          The Chief Executive Officer must advise Council when an appointment is made.

 

Sub-delegation Permitted    No

 

Sub-delegated to                  N/A

                                               

Record requirements           The Chief Executive Officer is to ensure that an appropriate record is kept of all appointments to Acting CEO via the Higher Duties Official documentation.  The original documentation is to be recorded to the relevant staff member’s personnel file.

 

Reporting requirements       The Chief Executive Officer to provide written advice to Councillors when this delegation is exercised.

 

 


LGA5          Approval of Signage within Active Reserves

 

Head of Power                      Local Government Act 1995 (Sections 5.42 & 5.44)

 

Power/Duty Delegated        

 

 

Part

3 Functions of local governments

Division

3 Executive functions of local governments

Section

3.54 Reserves under control of local government

Sub section

 

Local Law

Local Government Property and Public Places Local Law

Relevant Policies

Policy 3.5.2 Advertising/Sponsors Signs within Active Reserves

Local Planning Policy 5.10 – Signs

 

Previous Delegation #            N/A

 

Detail of delegation 

 

The Chief Executive Officer is delegated authority to approve advertising/sponsor signs within active reserves in accordance with the appropriate Council policy.

 

Conditions Imposed

 

The Chief Executive Officer is to have consideration for Policy 3.5.2 Advertising/Sponsors Signs within Active Reserves and Local Planning Policy 5.10 – Signs.

 

The Chief Executive Officer is to consult with Manager Health, Emergency and Ranger Services, Manager Infrastructure, Manager Sport and Recreation, Manager Community and  Economic Development as required.

 

Sub-delegation Permitted    Yes

 

Sub-delegated to                  Deputy Chief Executive Officer

                                                Director Development and Community  

                                                Manager Sport & Recreation

 

Record requirements           Documentation to be recorded to the relevant reserve file. 

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy of the report to be recorded to file ARE02 (Delegations of Authority Register)

 


LGA6   Approval to use Council Property for Activities Involving the Sale, or Supply and Consumption of Liquor

 

Head of Power                       Local Government Act 1995 (Section 5.42 & 5.44)

 

Power/Duty Delegated

 

Part

3 Functions of local government

Division

3 Executive functions of local governments

Section

3.54 Reserves under control of the local government

Sub section

 

Local Law

Local Government Property and Public Places Local Law (or as amended)

Relevant Policies

43.3.1 Alcohol Management

53.4.7 Events

 

Previous Delegation #            D.44

 

Detail of delegation

 

The Chief Executive Officer is delegated authority to permit or authorise the sale, or supply and consumption of liquor on property under the care, control and management of Council.

 

Conditions Imposed

 

The Chief Executive Officer is to have regard to the Alcohol Management Policy 3.3.1.

 

The approval is subject to the subsequent issue of an approved liquor licence issued by the appropriate authority for the sale of liquor if required by law.

 

The Deputy Chief Executive Officer, Director Development and Community Services and Manager Environmental Health, Emergency & Ranger Services shall liaise with Manager Community & Economic Development, Manager Sport & Recreation, Manager Planning & Building Services and Manager Infrastructure Operations before exercising this delegated power.

 

Sub-delegation Permitted    Yes

 

Sub-delegated to                  Deputy Chief Executive Officer

                                                Director Development & Community Services

                                                Manager Health, Emergency & Ranger Services

                                               

Record requirements           Documentation to be recorded to the relevant property or reserve file.

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register).

 

LGA7   Approve Applications for Public Health Initiatives

 

Head of Power                       Local Government Act 1995 (sections 5.42 & 5.44)

 

Power/Duty Delegated        

 

Part

3 Functions of local governments

Division

3 Executive functions of local governments

Section

3.54 Reserves under control of a local government

Sub section

 

Local Law

 

Relevant Policies

 

 

Previous Delegation #            D.22

 

Detail of delegation 

 

The Chief Executive Officer is delegated authority to approve applications for the public health initiative known as “condom trees”.

 

Conditions Imposed             Nil

 

Sub-delegation Permitted    Yes

 

Sub-delegated to                  Director Development and CommunityServices

                                                Manager Health, Emergency & Ranger Services

                                                Coordinator Environmental Health

 

Record requirements           Documentation to be recorded to file ENH01.

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register).

 


LGA8   Broome Recreation and Aquatic Centre – Trading hours, Extension of 

 

Head of Power                       Local Government Act 1995 (Section 5.42 & 5.44)

 

Power/Duty Delegated        

 

Part

3 Functions of local government

Division

1 - General

Section

3.1 General function

Sub section

 

Local Law

 

Relevant Policies

 

 

Previous Delegation #            D.10

 

Detail of delegation 

 

The Chief Executive Officer is delegated authority to approve extension of these trading hours for special and/or extraordinary events subject to all costs for extra staff, security, waste removal, cleaning and any other costs being covered by the users/customers.

 

Conditions Imposed

 

The Chief Executive Officer is to have regard to both the wet season and dry season trading hours for the Broome Recreation and Aquatic Centre.

 

Sub-delegation Permitted    Yes

 

Sub-delegated to                  Deputy Chief Executive Officer

                                                Manager Sport & Recreation

 

Record requirements           Documentation to be recorded to RES 42502 (BRAC General), and the relevant event file (if applicable).

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register).

 


LGA9   Broome Street Number Markers

 

Head of Power                       Local Government Act 1995 (Section 5.42 & 5.44)

 

Power/Duty Delegated        

 

Part

3 Functions of local governments

Division

3 Executive functions of local governments

Section

3.54 Reserves under control of a local government

Sub section

 

Local Law

Nil

Relevant Policies

Nil

 

Previous Delegation #            D.12

 

Detail of delegation 

 

The Chief Executive Officer is delegated authority to have installed new street house-numbers, remarks or changes to existing numbers to be painted on or affixed to existing on-street kerbing, utilising Council staff, contract or other organisation (such as the Department of Corrective Services).

 

Conditions Imposed

 

Sub-delegation Permitted    Yes

 

Sub-delegated to                  Director Infrastructure

                                                Manager Infrastructure Operations

                                                Development & Subdivisions Engineer

 

Record requirements           Documentation to be recorded to file PLA33 (Street Numbering), the relevant street, property, contract and/or property files.

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register).

 


 

LGA10 Waiving and refunding of fees for applications administered by Development Services 

 

Head of Power                       Local Government Act 1995 (sections 5.42 & 5.44)

 

Power/Duty Delegated          

 

Part

6 Financial management

Division

4 General financial provisions

Section

6.12 Power to defer, waive or write off debts

Sub section

(1)(b)

Local Law

 

Relevant Policies

C3.1.2 - Waiving and Refunding of Fees

 

Previous Delegation #            D.15

 

Detail of delegation

 

The Chief Executive Officer is delegated the power to waive or refund fees in accordance with a Council adopted Policy and schedule of fees and charges for applications made under the following legislation and local laws administered by the Development and CommunityServices Directorate:

(a)  Building Act 2011;

(b)  Bush Fires Act 1954;

(c)  Food Act 2008;

(d)  Local Government Act 1995;

(e)  Public Health Act 2016;

(f)   Local Government Property and Public Places Local Law 2012; and

(g)  Trading, Outdoor Dining and Street Entertainment Local Law 2003.

 

Conditions Imposed

 

Sub-delegation Permitted    Yes

 

Sub-delegated to                  Director Development and Community Services

                                                Manager Planning & Building Services

                                                Manager Health, Emergency & Rangers

 

Record requirements           Documentation to be placed on recorded to the relevant building and property permit file.

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register).

 

 


 

LGA11 Cape Leveque Road, Wet Season Closure and Load Limits

                                               

Head of Power                       Local Government Act 1995 (Section 5.42 & 5.44)

 

Power/Duty Delegated        

 

Part

3 Functions of local governments

Division

3 Executive functions of local governments

Section

3.50 Closing certain thoroughfares to vehicles

Sub section

2

Local Law

Local Government Property and Public Places Local Law 20126

10.1 Notice to repair damage to thoroughfare

10.2 Act and Regulations deal with closing of thoroughfares

10.3 No access without consent

Relevant Policies

4.2.6 – Closure of Unsealed Roads Due to Wet Weather

 

Previous Delegation #            D.18

Detail of delegation

 

The Chief Executive Officer is delegated authority to grant approval for the section of the Broome – Cape Leveque Road from the end of the bitumen south of the Manari Road turn off to the start of the northern most sealed section near Beagle Bay to all classes of vehicles of gross mass (GVM) 11 tonnes or more, for the period from 1 December to 31 March; each year;

 

That approvals only be issued for heavy vehicles in excess of 11 tonne GVM and assessed as providing “essential” transport under the conditions outlined below.

 

Conditions Imposed

 

Authority to grant approval is subject to the following conditions:

 

·      Bogie Drive vehicles allowed only, rigid truck, B - Double or rigid truck and single trailer combination;

·      Road Train trip requests to be considered on their merits and be subject to appropriate conditions;

·      One trip per week only, unless a special permit is provided by the Chief Executive Officer;

·      Each trip cannot commence before confirmation by the Shire that substantial rain has not occurred on the road within the 48 hours preceding the trip and that clear weather is forecast;

·      If substantial rain has occurred or is occurring, the vehicle will have to wait until cleared by the Shire;

·      No responsibility will be taken by the Shire to recover bogged or disabled vehicles and any damages caused by any ‘permit’ vehicles may be chargeable to the permit holders, depending on circumstances at the time;

·      The permit can be cancelled at any time at the discretion of the Chief Executive Officer, if circumstances warrant;

·      These conditions may be varied at the discretion of the Chief Executive Officer based on a risk assessment basis.

 

Sub-delegation Permitted    Yes

 

Sub-delegated to                  Director Infrastructure

                                                Manager Infrastructure Operations

 

Record requirements           Documentation to be recorded to file ENR01.

 

Reporting requirements      To be reported monthly in the Information Bulletin, with a copy of the report to be recorded to file ARE02 (Delegations of Authority Register)


 

LGA12 Council Chambers

 

Head of Power                       Local Government Act 1995 (Section 5.42 & 5.44)

 

Power/Duty Delegated

 

Part

5 Administration

Division

4 Local Government Employees

Section

5.42 Delegation of some powers and duties to CEO

Sub section

 

Local Law

 

Relevant Policies

1.2.2 – Use of Council Chambers and Administration

 

Previous Delegation #            D.23

 

Detail of delegation

 

The Chief Executive Officer is delegated authority to authorise the use of the Council Chambers for functions and meetings, other than Council related functions and meetings, when special circumstances exist.

 

Conditions Imposed

 

The Chief Executive Officer is to liaise with the Shire President in regard to these bookings.

 

Sub-delegation Permitted    Yes

 

Sub-delegated to                  Director Corporate Services

                                               

Record requirements           To be recorded to file RES 8519.

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register).

 


 

LGA13 Declaring A Vehicle To Be An Abandoned Vehicle Wreck

 

Head of Power                      Local Government Act 1995 (Section 5.42 & 5.44)

 

Power/Duty Delegated

 

Part

3 Functions of local governments

Division

3 Executive functions of local governments

Section

3.40A Abandoned vehicle wreck may be taken 

Sub section

(4)

Local Law

 

Relevant Policies

 

 

Previous Delegation #            N/A

 

Detail of delegation

 

In accordance with Local Government Act 1995 section 3.40A(4) if after seven days from the removal of a vehicle deemed to be an abandoned wreck the owner of the vehicle has not been identified or after seven days from the giving of a notice the owner has not collected the vehicle the Chief Executive Officer may declare that the vehicle is an abandoned vehicle wreck.

 

Conditions Imposed

 

Nil

 

Sub-delegation Permitted    Yes

 

Sub-delegated to                  Director Development and Community

                                                Manager Health, Emergency & Rangers Services

                                               

Record requirements           Documentation to be recorded to file LAW007.2 and any other relevant file.

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register).

 


 

LGA14 Disposal and Acquisition of Assets (Other than Land) 

 

Head of Power                       Local Government Act 1995 (Sections 5.42 & 5.44)

 

Power/Duty Delegated

 

Part

3 Functions of local governments

Division

3 Executive functions of local governments

Section

3.58 Disposing of Property

Sub section

 

Regulation

Local Government (Functions and General) Regulations 1996

Regulation 30(3)

Local Law

 

Relevant Policies

22.1.2 Purchasing

12.1.3 Local Regional Price Preference

35.3.2 Disposal of Assets

 

Previous Delegation #            D.29

 

Detail of delegation

 

The Chief Executive Officer is delegated authority to acquire or dispose of Shire assets (other than land) by public tender, expressions of interest or public auction valued at an amount not exceeding $150,000.

 

Conditions Imposed

 

The delegation shall be exercised provided that appropriate provision is made in Council’s Budget.

 

Sub-delegation Permitted    Yes

 

Sub-delegated to                  Deputy Chief Executive Officer

                                                Director Infrastructure

                                                Director Corporate Services

                                                Director Development and CommunityServices

                                                Manager Health, Emergency & Ranger Services

                                                                           

In accordance with values endorsed by the Chief Executive Officer.

 

Record requirements           Documentation to be recorded to the relevant plant file and/or file EPL03 (Disposal – Auctions & Sales) if applicable.

 

Reporting requirements       The Chief Executive Officer is to inform the Council of the detail of all acquisitions or disposals under this delegation.

 


LGA15 Disposal of Impounded Vehicles and Goods

 

Head of Power                      Local Government Act 1995 (Section 5.42 & 5.44)

 

Power/Duty Delegated

 

Part

3 Functions of local governments

Division

3 Executive functions of local governments

Section

3.40A Declare a vehicle to be an abandoned wreck

3.47(2) Disposing of confiscated or uncollected goods

Sub section

 

Local Law

Parking and Parking Facilities Local Law 2012

Relevant Policies

 

 

Previous Delegation #            D.38

 

Detail of delegation

 

The Council delegates authority to the Chief Executive Officer to perform the functions in relation to the administration of the Local Government Act 1995 including the following:

 

s3.40a

declare a vehicle an abandoned wreck for the purposes of s3.40A of the Act.

S3.47(2)

sell or otherwise dispose of any vehicles or goods that have been impounded

 

Conditions Imposed

This delegation is exercised provided that the estimated resale value of that particular vehicle is below the prescribed value and the statutory two month waiting period is completed.

 

Sub-delegation Permitted    Yes

 

Sub-delegated to                  Director Development and CommunityServices

                                                Manager Health, Emergency & Ranger Services

                                               

Record requirements           Documentation to be recorded to file LAW007.2 and the relevant tender file if applicable.

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register).

 


LGA16 Disposing of Sick Or Injured Impounded Animals

 

Head of Power                      Local Government Act 1995 (Section 5.42 & 5.44)

                                                                                            

Power/Duty Delegated

 

Part

3 Functions of local governments

Division

3 Executive functions of local governments

Section

3.47A Sick or injured animals, disposal of

Sub section

(1)

Local Law

Dog Local Law 2012

Relevant Policies

 

 

Previous Delegation #            N/A

 

Detail of delegation             

 

The Chief Executive Officer is delegated the power under s3.47A – to determine that an impounded animal is ill or injured to such an extent that treating it is not practicable, to humanely destroy the animal and to dispose of the carcass.

 

Conditions Imposed

 

Officers must liaise with an authorised veterinarian if practicable and must not destroy an animal unless-

(a)   because of the state of the animal, destroying it is urgent; or

(b)        the local government has taken reasonable steps to notify the owner and has complied with statutory requirements.

 

Sub-delegation Permitted    Yes

 

Sub-delegated to                  Director Development and Community Services

                                                Manager Health, Emergency & Ranger Services

                                                Coordinator Rangers

                                               

Record requirements           Documentation to be recorded to file LAW002.8

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register).

 

 


LGA17 Execution of Documents – Authorisation without Common Seal

 

(Withdrawn OMC 7 September 2017 – Item 9.4.3)

 


LGA18 Insurance

 

Head of Power                       Local Government Act 1995 (Section 5.42 & 5.44)

 

Power/Duty Delegated         Local Government (Financial Management) Regulations 1996

 

Part

5

Division

4 Local Government Employees

Section

5.42 Delegation of some powers to CEO

Sub section

 

Regulation

5 CEO’s duties as to financial management (1)(e)

Local Law

 

Relevant Policies

 

 

Previous Delegation #            D.39

 

Detail of delegation

 

The Chief Executive Officer is delegated authority to enter into appropriate contracts of insurance on behalf of Council, whilst Council’s insurance portfolio is managed by Local Government Insurance Service.

 

Conditions Imposed

 

Sub-delegation Permitted    Yes

 

Sub-delegated to                  Director Corporate Services

 

Record requirements           Documentation to be recorded to file RIC10 (Insurance Policies & Renewals).

                                                                                                                       

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register).

 


LGA19 Investment of Surplus Funds

 

Head of Power                      Local Government Act 1995 (Sections 5.42 & 5.44)

 

Power/Duty Delegated

 

Part

6. Financial management

Division

4 General financial management

Section

6.14 Power to invest

Regulation

Local Government (Financial Management) Regulations 19, 19C

Local Law

 

Relevant Policies

2.2.3 – Investment of Surplus Funds

 

Previous Delegation #            D.40

 

Detail of delegation

 

The Chief Executive Officer is delegated authority to invest surplus funds from the Municipal, Trust and Reserve funds in asset classes as set out in Policy 2.2.3 Investment of Surplus Funds.

 

Conditions Imposed

 

The Chief Executive Officer shall have regard to Policy 2.2.3 Investment of Surplus Funds.

 

Sub-delegation Permitted    Yes

 

Sub-delegated to                  Director Corporate Services

                                                Manager Financial Services

                                                Coordinator Financial Services

 

Record requirements           Documentation to be recorded to file FIN001.   

 

Reporting requirements       To be reported in the Monthly Financial Activity Report with a copy of the report to be recorded to file ARE02 (Delegations of Authority Register).

 

 


LGA20 Local Government (Uniform Local Provisions) Regulations 1996, Consent Permission or Approvals

 

Head of Power                       Local Government Act 1995 (Section 5.42 & 5.44)

 

Power/Duty Delegated         Local Government (Uniform Local Provisions) Regulations         1996

 

Part

 

Division

 

Section

 

Regulation

6, 11, 12, 13, 17

Sub section

 

Local Law

Nil

Relevant Policies

Nil

 

Previous Delegation #            D.45

 

Detail of delegation

 

The Chief Executive Officer is delegated authority to:-

·    Give permission to obstruct a public thoroughfare by things placed and left,

·    Give permission to make or make and leave an excavation in a public thoroughfare or on land adjoining a public thoroughfare,

·    Approve the construction of a crossing giving access from a public thoroughfare to land or a private thoroughfare,

·    Issue a notice requiring a person to construct or repair a crossing from a public thoroughfare to land or a private thoroughfare.

·    Approve applications to undertake a construction on, over, or under a specified public thoroughfare or public place that is local government property.

 

Conditions Imposed

 

That no cost is imposed upon Shire of Broome.

 

Sub-delegation Permitted    Yes

 

Sub-delegated to                  Director Infrastructure

                                                Manager Infrastructure Services

                                                Development & Subdivisions Engineer

 

Record requirements           Documentation to be recorded to the relevant property file.

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register).


 

LGA21 Management Orders, Acceptance of

 

(Revoked OMC 23 February 2017 – Item 9.4.6)

 

 

 


 

 

LGA22 Municipal / Trust Fund, Authorisation of Payments, including Creditors

 

Head of Power                       Local Government Act 1995 (Sections 5.42 & 5.44)

 

Power/Duty Delegated

 

Local Government (Financial Management) Regulations 1996

 

Part

6 Financial management

Division

4 General financial provisions

Section

6.10 Financial management regulations

Sub section

 

Regulation

12 Payment from municipal fund or trust fund

13 List of accounts

Local Law

 

Relevant Policies

 

 

Previous Delegation #            D.47

 

Detail of delegation

 

The Chief Executive Officer is delegated authority to authorise payments from the municipal and trust funds with the information required under Regulation 13 of the Local Government (Financial Management) Regulations 1996.

 

Conditions Imposed

 

Authority is to be exercised in accordance with Regulation 12 of the Local Government (Financial Management) Regulations 1996.

 

Each payment from the Municipal Fund or the Trust Fund is to be noted on a list compiled for each month showing:

 

·    The payee’s name,

·    The amount of the payment,

·    The date of the payment, and

·    Sufficient information to identify the transaction

 

The list referred to above is to be presented to the Council at the next Ordinary Meeting of the Council following the preparation of the list and is to be recorded in the minutes of the meetings at which it is presented.

 

Sub-delegation Permitted    Yes

 

Sub-delegated to                  Director Corporate Services

                                                Manager Financial Services

                                                Coordinator Financial Services

                                               

Record requirements           The Council item, together with attachment (Authorisation of      Expenditure Schedule), is to be recorded to file FRE02.

 

Reporting requirements       Presented to Council via the Ordinary Meetings of Council

 

 


LGA23 Operational – Authorised Officers, Appointment of

 

Head of Power Local Government Act 1995 – (Section 5.42)

Local Government (Miscellaneous Provisions) Act 1960

Dog Act 1976

Health Act 1911

Cemeteries Act 1986

 

Power/Duty Delegated         As listed below

 

Part

9 Miscellaneous Provisions

Division

2 Enforcement and legal proceedings

Sub Division

1 Miscellaneous Provisions about enforcement

Section

9.10 Appointment of Authorised Persons

Sub section

 

Local Laws

Dog Local Law 2012

Health Local Law 2006

Parking and Parking Facilities Local Law 2012

Trading, Outdoor Dining and Street Entertainment Local Law 2016

Local Government Property and Public Places Local Law 2016

Cemeteries Local Law 2012

 

Previous Delegation #            D.50

 

Detail of delegation 

 

The Chief Executive Officer is delegated the power to appoint persons or classes of person as authorised officers in accordance with the various Acts, Regulations and Local Laws listed hereunderbelow and as amended:

 

·    Local Government Act 1995 – Part 9 Division 2 Section 9.10

·    Local Government (Miscellaneous Provisions) Act 1960 - Part XX Section 449 (appointment of Pound Keeper and/or Rangers) Act to be read as part of the Local Government Act

·    Dog Local Law 2012

·    Health Local Law 2006

·    Parking and Parking Facilities Local Law 2012

·    Trading, Outdoor Dining and Street Entertainment Local Law 2016

·    Local Government Property and Public Places Local Law 2016

·    Cemeteries Local Law 2012

 

Conditions Imposed             Nil

 

Sub-delegation Permitted    No

 

Sub-delegated to                  Nil

 

Record requirements           Documentation to be recorded to the staff member’s         personnel file, and details of authorisation placed on the       Authorised Persons Register.

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register).

 


LGA24 Operational – Community Sponsorship Program

 

Head of Power                       Local Government Act 1995 (Sections 5.42 & 5.44)

 

Power/Duty Delegated

 

Part

5 Administration

Division

4 Local government employees

Section

5.42 Delegation of some powers to the CEO

Sub section

6.2 Local government to prepare annual budget

 

Local Law

Nil

Relevant Policies

3.4.2 Community Sponsorship Program

 

Previous Delegation #            D.53

 

Detail of delegation

 

The Chief Executive Officer is delegated authority to approve ad hoc sponsorship to a maximum of $1,000 in accordance with after reference to the Community Sponsorship Assessment Working Group and Council’s approved Financial Year Budget.

 

Conditions Imposed

 

The Chief Executive Officer shall have regard to Policy 3.4.2 Community Sponsorship Program and annual priorities for the ad hoc sponsorship funding established by the Community Sponsorship Assessment Working Group.

 

Sub-delegation Permitted    Yes

 

Sub-delegated to                  Deputy Chief Executive OfficerDirector Development & Community

                                               

Record requirements           Documentation kept on to be recorded to file FIS07 (Ad Hoc      Community Sponsorship).

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register).

 

 


LGA25 Operational – Contract Price Variations

 

Head of Power                      Local Government Act 1995 (Sections 5.42)

 

Power/Duty Delegated

 

Local Government (Functions and General) Regulations 1996

 

Part

4  Provision of goods and services

Division

2  Tenders for providing goods and services (s3.57)

Regulation

20 Variation of requirements before entry into contract

21A Varying a contract for the supply of goods or services

 

 

Local Law

 

Relevant Policies

2.1.2 – Purchasing Policy

 

Previous Delegation #            D.54

 

Detail of delegation

 

The Chief Executive Officer is delegated authority to approve:

 

·    minor contract variations after a successful tenderer has been chosen but before a contact has been entered into for the supply of goods and services, subject to sufficient funds being available within the approved expenditure budget and that the Chief Executive Officer is satisfied that the price variation is necessary.

 

·    contract variations after a contract has been entered into for the supply of goods and services when:

(a)         the variation is necessary in order for the goods or

             services to be supplied and does not change the scope of

             the contract; or

(b)         the variation is a renewal or extension of the term of the

       contract as described in regulation 11(2)(j) – Local Government (Functions and General) Regulations 1996.

 

Conditions Imposed

 

Any contract variation is to be recorded in a Contracts Register and is to be reported to the Council.

 

Sub-delegation Permitted    No

 

Sub-delegated to

 

Record requirements           Documentation to be recorded to the relevant contract file and the Contracts Register.

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register).

 

LGA26 Operational – Legal Representation, Costs Indemnification

 

Head of Power                      Local Government Act 1995 (Section 5.42 & 5.44)

 

Power/Duty Delegated

 

Part

5 Administration

Division

4

Section

5.42 Delegation of some powers and duties to CEO

Sub section

 

Local Law

 

Relevant Policies

Policy 1.2.3 – Legal Representation Cost Indemnification

 

Previous Delegation #            D.57

 

Detail of delegation

 

The Chief Executive Officer is delegated authority to approve applications from elected members or staff for urgent legal services where there is a need for the services, before an application can be considered by Council.

 

Conditions Imposed

 

The Chief Executive Officer should reference legal advice on any application if he/she deems necessary and can exercise this authority up to the value of $20,000.

 

The Chief Executive Officer is to take into account Policy 1.2.3 of the Council in relation to this matter as determined and varied from time to time.

 

Sub-delegation Permitted    Yes

 

Sub-delegated to                  Deputy Chief Executive Officer

                                                Director Development and Community Services

 

Record requirements           The advice documentation is to be recorded to the relevant subject, property or reserve file, and the staff member’s personnel file.

 

Reporting requirements       The Council is to be informed of all legal advice obtained and the advice is to be made available for inspection upon request.

 

 


LGA27 Permits, Road Trains and Extra Mass

 

Head of Power                      Local Government Act 1995 (Section 5.42 & 5.44)

 

Power/Duty Delegated

 

Part

3 Functions of local governments

Division

3 Executive functions of local governments

Section

3.50 Closing certain thoroughfares to vehicles

Sub section

 

Local Law

Local Government Property and Public Places Local Law 20126

3.2, 3.3, 3.4, 3.5

Relevant Policies

4.2.6 – Closure of Unsealed Roads Due to Wet Weather

 

Previous Delegation #            D.61

 

Detail of delegation 

 

The Chief Executive Officer is delegated authority to determine any application recommending approval or refusal, with conditions, to Main Roads WA to use road trains and applications for extra mass permits and/or over-dimensional vehicle permits on any local road within the district.

 

Conditions Imposed

 

The Chief Executive Officer is to have regard to:

 

1)   All roads are subject to the appropriate approval by Main Roads WA and subsequent issue of relevant permits

2)   Applicants are to supply Council with a copy of Main Roads WA permit before operations commence

3)   That the speeds of the vehicles do not exceed 90km/h on gravel roads

4)   Applicants are requested to utilise sealed routes, where possible, particularly during periods of wet weather

5)   Council reserves the right to withdraw the approval with twenty four (24) hours notice.

6)   Any policy of Council in place from time to time.

 

Sub-delegation Permitted    Yes

 

Sub-delegated to                  Director Infrastructure

 

Record requirements           Documentation to be recorded to files ENR01 or TRL03 as applicable.

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register).

 


LGA28 Private Works

 

Head of Power                      Local Government Act 1995 (Section 5.42 & 5.44)

 

Power/Duty Delegated

 

Part

6 Financial management

Division

5 Financing local government activities

Section

6.15 Local government’s ability to receive revenue and income

Sub section

 

Local Law

Nil

Relevant Policies

4.2.1 Private and Community Works

 

Previous Delegation #            D.63

 

Detail of delegation

 

The Chief Executive Officer is delegated authority to undertake private works within the Shire of Broome when determined to be in the interests of Council and when written authorisation is provided by the client to proceed.

 

Conditions Imposed

 

Delegation to be in accordance with relevant policy.

 

Sub-delegation Permitted    Yes

 

Sub-delegated to                  Director Infrastructure

                                                Manager Infrastructure Operations

 

Record requirements           Documentation to be recorded to the relevant reserve or property file.

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register).

 


LGA29 Purchase Orders, Issue of

 

Head of Power                       Local Government Act 1995 (Sections 5.42 & 5.44)

                                               

Power/Duty Delegated         Local Government (Financial Management) Regulations 1996

                                               

 

Part

2

Division

Regulations 5, 11(2), 12(1)(a) 11A, 11

Section

 

Sub section

 

Local Law

N/A

Relevant Policies

2.1.2 - Purchasing

2.1.3 - Local Regional Price Preference

 

Previous Delegation #            D.64

 

Detail of delegation

 

The Chief Executive Officer is delegated authority to issue Purchase Orders for those goods and services provided for in Council’s the Shire’s adopted budget.

 

Conditions Imposed

 

The Chief Executive Officer is to refer to Policy 2.1.2 Purchasing Policy

 

Sub-delegation Permitted    Yes

 

Sub-delegated to                  In accordance with Management Directive 008 as endorsed by Chief Executive Officer.

 

Record requirements           Audit trail maintained within Synergy Soft Financial Management System Purchasing Module.

 

Reporting requirements       As per Management Directive 008 as reviewed and amended by the Chief Executive Officer from time to time.

 


LGA30 Rates and Service Charges - Agreements

 

Head of Power                      Local Government Act 1995 (Sections 5.42 & 5.44)

 

Power/Duty Delegated

 

Part

6. Financial management

Division

6. Rates and service charges

Section

6.49 – Agreement as to payment of rates and service charges

Sub section

 

Local Law

Nil

Relevant Policies

2.2.5 – Rates Debt Recovery

 

Previous Delegation #            D.66

 

Detail of delegation

 

The Chief Executive Officer is delegated the power to accept payment of a rate or service charge that is due and payable by a person in accordance with an agreement made with that person.

 

Conditions Imposed

 

1.   The Chief Executive Officer is required to observe any relevant policy.

2.   In making any such agreement, the Chief Executive Officer is to exercise discretion in negotiating the best possible repayment schedule to protect the interests of the Shire without imposing undue financial hardship on the person.

3.   The Chief Executive Officer is to ensure that appropriate written agreements are entered into and that appropriate internal controls are in place to monitor compliance with the agreed repayment schedule.

4.   The Chief Executive Officer is to have regard to the Shire’s debt collection policy should the person materially default with the terms of the agreement.

 

Sub-delegation Permitted    Yes

 

Sub-delegated to                  Director Corporate Services

                                                Manager Financial Services

 

Record requirements           A written, signed agreement is to be entered into. Document is to be recorded to file ARA10 (Rates – Payment Arrangements & Instalments).

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy of the report to be recorded to file ARE02 (Delegations of Authority Register).

 

 


 

LGA31 Rates, Unpaid – Power for Sale

 

(Revoked OMC 23 February 2017 – Item 9.4.6)

 

 


 


LGA32 Rating and Service Charges, Caveat

 

Head of Power                      Local Government Act 1995 (Sections 5.42)

 

Power/Duty Delegated        

 

Part

6. Financial management

Division

6 Rates and service charges

Section

6.64 Actions to be taken

Sub section

3

Local Law

 

Relevant Policies

2.2.5 – Rates Debt Recovery

 

Previous Delegation #            D.68

 

Detail of delegation

 

The Chief Executive Officer is delegated the power to lodge (and withdraw) a caveat to preclude dealings in land where rates or services charges are in arrears and the CEO is of the opinion that it is in the interests of the Shire to lodge the caveat.

 

Conditions Imposed

 

1.   The Chief Executive Officer is required to observe any relevant policy.

2.   The action to lodge a caveat is only to be taken, where in the opinion of the Chief Executive Officer, that action is necessary.

3.   The action is only to be taken by persons with the specific written authority to lodge the caveat.

 

Sub-delegation Permitted    No

 

Sub-delegated to

 

Record requirements           Documentation to be recorded to file ARA06 (Rates – Debt Recovery & Legal Action).

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register).

 

 


LGA33 Rating and Service Charges, Legal Action for Recovery

 

Head of Power                      Local Government Act 1995 (Sections 5.42 & 5.44)

 

Power/Duty Delegated

 

Part

6. Financial Management

Division

6 Rates and Service Charges

Section

6.56 Rates and Service Charges Recoverable in Court

Sub section

 

Local Law

 

Relevant Policies

2.2.5 – Rates Debt Recovery

 

Previous Delegation #            D.69

 

Detail of delegation

 

The Chief Executive Officer is delegated the power to instigate action through a court to recover a debt, including recovery costs, associated with a rate or service charge, if it remains unpaid after the time for payment under the Act, and in accordance with procedures outlined in the Shire debt collection policy.

 

Conditions Imposed

 

1.   The Chief Executive Officer is required to observe any relevant policy.

2.   The legal action is only to be taken, where in the opinion of the Chief Executive Officer, that action is a last resort to obtain payment.

3.   The legal action is only to be taken by persons with the specific written authority to commence the action.

 

 

Sub-delegation Permitted    Yes

 

Sub-delegated to                  Director Corporate Services

                                                Manager Financial Services

 

 

Record requirements           Documentation to be recorded Schedule to file ARA06 (Rates – Debt Recovery & Legal Action).

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register).

 


LGA34 Recovery of Rates and Service Charges – Leased Properties

 

Head of Power                      Local Government Act 1995 (Sections 5.42 & 5.44)

 

Power/Duty Delegated        

 

Part

6 Financial Management

Division                                          

6 Rates and Service Charges

Section

6.60 Local government may require lessee to pay rent

Sub-Section

 

Local Law

 

Relevant Policies

 

 

Previous Delegation #            D.71

 

Detail of delegation

 

The CEO is delegated:

1.   The power to give notice to the lessee of land if payment of a rate or service charge imposed is due and payable requiring the lessee to pay any rent as it falls due in satisfaction of the rate or service charge.

2.   The duty to give the lessor a copy of the notice with an endorsement that the original of it has been given to the lessee.

3.   The power to recover the amount of the rate or service charge as a debt from the lessee if rent is not paid in accordance with the notice.

4.   The power to request the occupier of property, or an agent of the owner of property to disclose the name and address of the owner or of the person receiving or authorised to receive the rate or service charge.

5.   The duty to apply the money for or towards rates or service charges where money is paid on rates and charges due on the land in the order in which they become due.

 

Conditions Imposed

 

To observe all relevant provisions of the Local Government Act 1995, all other written law and regulations, Council policies, directions and guidelines.

 

Sub-delegation Permitted    Yes

 

Sub-delegated to                  Director Corporate Services

                                                Manager Financial Services

 

Record requirements           Documentation to be recorded to file ARA06 (Rates – Debt Recovery & Legal Action) and to the relevant lease file.

 

Reporting requirements       To be reported    monthly in the Information Bulletin, with a copy of the report to be recorded to file ARE02 (Delegations of Authority Register).

 


LGA35 Road Closures, General and Temporary

 

Head of Power                       Local Government Act 1995 (Sections 5.42 & 5.44)

 

Power/Duty Delegated

 

Part

3 – Functions of Local Government

Division

3 – Executive Functions of Local Governments

Section

3.50 Closing certain thoroughfares to vehicles, 3.50A Partial closure of thoroughfare for repairs or maintenance

Sub section

 

Local Law

Shire of Broome Property and Public Places Local Law 20126 - 10.1 , 10.2 , 10.3

Relevant Policies

34.2.6 Closure of Unsealed Roads Due to Wet Weather

 

Previous Delegation #            D.72

 

Detail of delegation

 

The Chief Executive Officer is delegated the authority to temporarily close a street or a portion of a street and/or any local road under Council’s control to all traffic for any period not exceeding 28 days, or exceeding 28 days providing local public notice has been provided. This temporary closure is undertaken:

·    as by reason of the heavy rain, a street is likely to be damaged by the passage of traffic generally and/or if it is considered the road is unsafe for public traffic; or

·    for the purpose of conducting events in accordance with the Traffic Management for Events Code of Practice and the Road Traffic (Events on Roads) Regulations 1991.

 

Conditions Imposed

 

In accordance with Local Laws.

 

Sub-delegation Permitted    Yes

 

Sub-delegated to                  Director Infrastructure

                                                Manager Infrastructure Operations

 

Record requirements           Documentation to be recorded to files ENR01 or ROR01 as applicable.

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register).

 

 


LGA36 Significant Tree Register

 

Head of Power                      Local Government Act 1995 (Section 5.42 & 5.44)

 

Power/Duty Delegated        

Part

3 Functions of local governments

Division

3 Executive functions of local governments

Section

3.54 Reserves under control of a local government

Sub section

 

Local Law

Local Government Property and Public Places Local Law 2012

Relevant Policies

3.1.24 – Significant Tree Register 

 

Previous Delegation #            N/A

 

Detail of delegation 

 

The Chief Executive Officer is delegated authority with respect to the inclusion of trees on the Register and for works of a minor nature.  The application for the physical removal of any trees on the Register will be referred to Council for consideration.

Conditions Imposed

 

Trees that will be considered for inclusion on the Register, should substantially meet the following criteria:

1.         Outstanding aesthetic quality.

2.         Outstanding for its large height, trunk circumference or canopy spread.

3.         Is particularly old or venerable.

4.         Having associations with an important historical event.

5.         Any tree associated with a well-known public figure or ethnic group.

6.         Occurs in a unique location or situation, or provides a significant contribution to the landscape, important landmarks and trees which form part of an historical garden, park or setting within the townsite.

7.         Of a rare species or variety or very localised distribution.

8.         Horticultural or genetic value and could be an important source of propagating stock.

9.         Exhibits a curious growth form or physical feature, including unusually pruned forms.

10.       Any mature specimens of native trees whose natural distribution is mainly restricted to Broome and/or the Dampier Peninsula.

 

Any person desiring to cut, remove or otherwise alter the state of a tree listed on the Significant Tree Register shall require the approval of Council.  The following exemptions to this are:

a.     Any tree or part of tree which is dead.

b.     Any part of a tree which has to be pruned clear of overhead wires to the requirements of Horizon Power, in accordance with Australian Standard AS 4373-1996  Pruning of Amenity Trees.

c.     Remedial pruning of remaining limbs (but not tree removal) after storm damage.

d.     Any tree deemed to be dangerous by the Council, following service of an order requiring the tree to be made safe by the owner.

 

Sub-delegation Permitted    Yes

 

Sub-delegated to                  Director Infrastructure

 

Record requirements           Documentation to be recorded to file ARE12 (Significant Trees Register).

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register).

 

 


LGA37 Tenders, Expressions of Interest and Panels of Pre-qualified Suppliers

 

Head of Power                       Local Government Act 1995 (Sections 5.42 & 5.44)

 

Power/Duty Delegated

 

Part

3 Functions of local governments

Division

3 Executive functions of local governments

Section

3.57 Tenders for providing goods or services

Sub section

1

Regulations

Local Government (Functions and General) Regulations 1996

11(1),14(2a), 21(1), 18(4) & 23(3), 24AD(1), 24AD(3), 24AH(3)

Local Law

Nil

Relevant Policies

2.1.2 – Purchasing Policy

12.1.3 – Local Regional Price Preference

12.1.7 – Procurement via Panels of Pre-qualified Suppliers

 

Previous Delegation #            D.79

 

Detail of delegation 

 

Pursuant to Sections 5.42 and 5.43 of the Local Government Act 1995, the Chief Executive Officer is delegated the power:

                                               

1.       To publicly call tenders for goods and services where provision has been made in     the Annual Budget for those goods and services.

2.         To decide to establish a panel of pre-qualified suppliers of particular goods or   services, and to publicly invite persons to join the panel.

3.       To determine in writing the criteria for deciding which tender or panel of pre-qualified          suppliers should be accepted.

4.       To seek Expressions of Interest for the supply of goods and services before entering          into the Tender process.

5.       To determine which of the Expressions of Interest received would be an acceptable Tenderer.

6.       To accept a tender or an application to join a panel of pre-qualified suppliers where   the consideration is less than $150,000.

 

Conditions Imposed

 

1.   The decision to accept a tender or an application to join a panel of pre-qualified supplier must relate to goods or services that are subject to a specific budget expenditure authorisation or other express written authority of the Council.

 

2.   The decision must be based upon a proper, fair and impartial public tender process that only considers tenders or applications to join a panel of pre-qualified suppliers that comply with all relevant requirements on opening.

 

3.   The decision must be based upon the best value for money proposal that has been assessed by a proper and accountable assessment process.

 

4.   The decision must be based upon full compliance with Local Government (Functions and General) Regulations 1996 Part 4 Divisions 2 and 3, any relevant written law, Council policy or procedures.

 

Sub-delegation Permitted    Yes

 

Sub-delegated to                  Director Corporate Services

                                               

Record requirements           Entry in the Tender Register in accordance with regulations 17 and 24AG of the Local Government (Functions and General) Regulations 1996.  Documentation to be recorded to file LEG256 (Tender Register) and where applicable recorded to the relevant Tender or Panel of Pre-qualified Suppliers file.

 

Reporting requirements       Tender report to Council for tenders called over $150,000 and entry in the Tender Register in accordance with regulations.

Tenders under $150,000, to be reported monthly in the Information Bulletin.

 

 


LGA38 Trading Licences

                  

Head of Power           Local Government Act 1995 (Section 5.42)

                                   

Power/Duty Delegated

                                               

Part

5 Administration

Division

4 Local Government Employees

Section

5.42 Delegation of some powers and duties to CEO

Sub section

 

Clause

 

Local Law

Trading, Outdoor Dining and Street Entertainment Local Law 2016

Local Government Property and Public Places Local Law 2016

Relevant Policies

4.2.123.3.6 Trading in Public Places;

Local Planning Policy 5.1 – Outdoor Dining

 

Previous Delegation #            D.82

 

Detail of delegation

 

The Chief Executive Officer is delegated authority to:

 

·    suspend/cancel any Trading Licence should a licence condition be breached.

 

·    determine extension, suspension and cancellation of applications to conduct activities in accordance with the Trading, Outdoor Dining and Street Entertainment Local Law 2016 and Local Government Property and Public Local Law 2016.

 

·    approve and determine applications to conduct activities in accordance with the Trading, Outdoor Dining and Street Entertainment Local Law 2016 and Local Government Property and Public Local Law 2016.

 

·    Amend or vary licences issued under the Trading, Outdoor Dining and Street Entertainment Local Law 2016.

 

·    approve applications for Outdoor Dining Licences.

 

Conditions Imposed

 

The Chief Executive Officer shall exercise this delegation in accordance with all Shire of Broome Policies.

 

Sub-delegation Permitted    Yes

 

Sub-delegated to                  Director Development and Community Services

                                                Manager Health, Emergency & Rangers Services

                                                Manager Planning & Building Services

 

Responsibility for outdoor dining licenses for premises approved as restaurant shall be undertaken by the Manager Planning & Building Services

 

Coordinator Environmental Health

Responsibility for outdoor dining licenses for premises approved as restaurant shall be undertaken by the Coordinator Environmental Health.

 

Record requirements           Documentation to be placed on the reserve/property file.

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register).

 

 


LGA39 Write Off of Debts Up to $1,000

 

Head of Power                      Local Government Act 1995 (Section 5.42 & 5.44)

 

Power/Duty Delegated

 

Part

6. Financial Management

Division

4 General financial provisions

Section

6.12 Power To Defer, Grant Discounts, Waive Or Write Off Debts

Sub section

 

Local Law

 

Relevant Policies

22.2.5 Rates Debt Recovery Policy

Business Operating Procedure 2.1.1 - Sundry Debt Recovery and Write Offf

 

Previous Delegation #            D.88

 

Detail of delegation

 

The Chief Executive Officer is delegated authority to write off small amounts of any monies owed to the local government, up to a maximum of $1,000 per rates assessment and/or debtor record.

 

Conditions Imposed

 

1.   The Chief Executive Officer is required to observe any relevant policy.

2.   The debt write off is only to be actioned, where in the opinion of the Chief Executive Officer all of the following conditions are satisfied:

a.   the value of the debt inclusive of penalty interest, up to $1,000 is unrecoverable;

b.   it would be uneconomical to pursue formal debt recovery procedures; and

c.   the debtor has maintained a low credit risk history.

3.   Monies owing and outstanding after 240 days that are considered doubtful and uneconomical to pursue further debt recovery may be written off after authorisation by either the Director Corporate Services or the Manager Financial Services.

4.   All amounts stated are exclusive of GST

 

Sub-delegation Permitted    Yes

 

Sub-delegated to                  Director Corporate Services

                                                Manager Financial Services

 

Record requirements           Documentation to be recorded to file ARA06 (Rates – Debt Recovery & Legal Action) or ADM06 (Debtors) as applicable.

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register).

 

 

LGA40 Lease Agreements – Community Storage Facility and Staff Housing

 

Head of Power                      Local Government Act 1995 (Sections 5.42 & 5.44)

 

Power/Duty Delegated        

 

Part

3 – Functions of local governments

Division

3 – Executive Functions of local governments

Section

3.58– Disposing of property

Sub section

1

Regulations

Regulation 30 of the Local Government (Function & General) Regulations 1996

Local Law

 

Relevant Policies

21.3.4 – Staff Housing

Previous Delegation #            N/A

 

Detail of delegation 

 

Under section 5.42 of the Local Government Act 1995, the Chief Executive Officer is delegated to exercise the powers or discharge the duties of the Council to lease; sub-lease, reassign a lease of the Community Storage Facility Located on Reserve 42502 and staff housing under section 3.58 of the Local Government Act 1995.

 

Conditions Imposed

 

3.58. Disposing of property 
(1) In this section — 
“dispose” includes to sell, lease, or otherwise dispose of, whether absolutely or not; “property” includes the whole or any part of the interest of a local government in property, but does not include money 

The power to lease; sub-lease, reassign a lease applies only to those leases that are subject to the provisions of Regulation 30 (2) (b) and (d) of the Local Government (Function & General) Regulations 1996. 

 

 

 

 

 

30.	Dispositions of property excluded from Act s. 3.58
	(1)	A disposition that is described in this regulation as an exempt disposition is excluded from the application of section 3.58 of the Act.
	(2)	A disposition of land is an exempt disposition if—
	(a)	the land is disposed of to an owner of adjoining land (in this paragraph called the transferee) and —
	(i)	its market value is less than $5,000; and
	(ii)	the local government does not consider that ownership of the land would be of significant benefit to anyone other than the transferee;
		or
	(b)	the land is disposed of to a body, whether incorporated or not —
	(i)	the objects of which are of a charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature; and
	(ii)	the members of which are not entitled or permitted to receive any pecuniary profit from the body’s transactions;
		or
	(c)	the land is disposed of to —
	(i)	the Crown in right of the State or the Commonwealth; or
	(ii)	a department, agency, or instrumentality of the Crown in right of the State or the Commonwealth; or
	(iii)	another local government or a regional local government;
		or
(d)	it is the leasing of land to an employee of the local government for use as the employee’s residence;

 

 

Sub-delegation Permitted    Yes

 

Sub-delegated to                 

                                               

                                               

                                               

Record requirements           Documentation to be recorded to files .

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register).

 

 


BUILDING ACT 2011

BA1      Administering the Building Act 2011

 

Head of Power                      Building Act 2011 (section 127)

 

Power/Duty Delegated        

 

Instrument

Building Act 2011 and Building Regulations 2012

Part

Part 2, Part 4, Part 8

Division

 

Sections of Building Act

18, 20, 21, 22, 23, 24, 27, 55, 58, 62, 65, 88, 96, 97, 98, 110, 111, 114, 117, 118, 119, 127, 128, 129, 130, 131, 132, 133, 145A.

Regulations in Building Regulation

23, 24, 26, 40, 51, 53, 61.

 

Local Law

 

Relevant Policies

 

 

Previous Delegation #            N/A

 

Detail of delegation 

 

The Council delegates authority to the Chief Executive Officer to perform the functions in relation to the administration of the Building Act 2011 including to:

 

·    s18 – require an applicant, for a building permit, to give any document or information that it requires to determine the application, require an applicant to verify the information by statutory declaration and refuse to consider an application if the applicant does not comply with a requirement.

·    s20 – grant a building permit if satisfied with the specified matters.

·    s21 – grant a demolition permit if satisfied with the specified matters.

·    s22 – refuse to grant a building permit or demolition permit in the specified circumstances.

·    s23 – decide whether or not to grant the building permit in the specified timeframes, or outside those timeframes.

·    s24 – record the grounds on which a decision is based and provide written notice of the decision.

·    s27 - impose conditions on a building permit or a demolition permit, vary or revoke any conditions imposed and provide notice of the variation or revocation of a condition.

·    s55 - require an applicant, for an occupancy permit or building approval certificates, to give any document or information that it requires to determine the application, require an applicant to verify the information by statutory declaration and refuse to consider an application if the applicant does not comply with a requirement.

·    s58 – grant or modify an occupancy permit or a building approval certificate if satisfied with the specified matters, and refuse to grant or modify the occupancy permit or the building approval certificate if there is an error in the information or document provided for the application.

·    s59 – decide whether or not to grant the occupancy permit or building approval certificate in the specified timeframes, or outside those timeframes.

·    s60 – record the grounds on which a decision is based and provide written notice of the decision.

·    s62 – impose conditions on an occupancy permit or building approval certificate, vary or revoke any conditions imposed and provide notice of the variation or revocation of a condition.

·    s65 – extend the period in which an occupancy permit or a building approval certificate has effect.

·    s88 – specify the way in which an outward facing side of a particular close wall must be finished in the specified circumstances.

·    s96 – designate a person employed by the local government under the Local Government Act 1995 section 5.36, as an authorised person in relation to buildings and incidental structures located, or proposed to be located, in the district of the local government.

·    s97 – give an identity card to each person designated as an authorised person.

·    s98 – revoke or vary a condition of designation.

·    s110 – make a building order in the specified circumstances and as specified.

·    s111 – issue notice of a proposed building order and consider any submissions received.

·    s114 – serve a copy of the order on each person to whom the order is directed.

·    s117(1) - revoke a building order and serve notice of the revocation on each person to whom the notice is directed.

·    s117(2) – decide whether a building order has been fully complied with and either revoke a building order or inform each person to whom the building order is directed that it remains in effect.

·    s118(2) – cause an authorised person to take any action specified in a building order or commence, complete any work specified in the order or take steps to cause action to cease.

·    s118(3) – in a court of competent jurisdiction, seek to recover as a debt from a person who as been served with a copy of a building order the costs and expenses incurred in acting under subsection (2).

·    s127 – delegate to any other local government employee a power or duty of the local government that has been delegated to the CEO.

·    s128 - keep a register of all building permits, demolition permits, occupancy permits and building approval certificates granted and building orders made.

·    s129 – make the register available for inspection and provide copies of building permits, demolition permits, occupancy permits, building approval certificates or building orders.

·    s130 – keep copies of the prescribed documents.

·    s131 – allow an interested person to inspect a building record or provide an interested person with a copy of a building records.

·    s132 – give the Building Commissioner prescribed information for inclusion in the annual report or as requested.

·    s133 – commence a prosecution for an offence against the Act.

·    s145A – refer an uncertified application to a building surveyor who is not employed by the local government and issue a certificate for a building or structure in the specified circumstances.

 

The Council delegates authority to the Chief Executive Officer to perform the functions in relation to the administration of the Building Regulations 2012 including to:

·    r23 – refuse to accept an application to extend the time during which the permit has effect after the expiry date for the permit in the specified circumstances.

·    r24 – extend the time during which a permit has effect in the specified circumstances.

·    r26 – approve a new person to be named as the builder on a building permit or the demolition contractor on the demolition permit and amend the permit details accordingly.

·    r40 – refuse to accept an application for the extension of the period of duration after the expiry day for an occupancy permit or building approval certificate in the specified circumstances and to record the decision.

·    r51 – approve alternative requirements in relation to a pool fence, barrier or gate.

·    r53 – arrange for an authorised person to inspect a pool enclosure.

·    r61 – approve the use of a battery powered smoke alarm.

·    r70 – appoint approved officers and authorised officers for the purposes of the Criminal Procedure Act 2004 and issue a certificate of appointment.

 

Conditions Imposed

 

Delegation to be in writing, any sub-delegation to be in writing and reviewed every financial year.

                                               

Sub-delegation Permitted:   Yes, with the exception of sections 96, 97, 98 and 127 of the Building Act and regulation 70 of the Building Regulation.          

 

Sub-delegated to:                

 

Director Development Services and Community

·    Building Act – sections 18, 20, 21, 22, 23, 24, 27, 55, 58, 59, 60, 62, 65, 88, 110, 111, 114, 117, 118, 119, 128, 129, 130, 131, 132, 133 and 145A.

·    Building Regulations – regulations 23, 24, 26, 40, 51, 53, and 61.

 

Manager Planning & Building Services:

·    Building Act – sections 18, 20, 21, 22, 23, 24, 27, 55, 58, 59, 60, 62, 65, 88, 110, 111, 114, 117, 118, 119, 128, 129, 130, 131, 132, 133 and 145A.

·    Building Regulations – regulations 23, 24, 26, 40, 51, 53, and 61.

 

Building Surveyor:

·    Building Act – sections 18, 20, 21, 22, 23, 24, 27, 55, 58, 59, 60, 62, 65, 88, 110, 111, 114, 117, 118, 119, 128, 129, 130, 131, 132, 133 and 145A.

·    Building Regulations – regulations 23, 24, 26, 40, 51, 53, and 61.

 

Record requirements           Documentation to be recorded to the relevant file.

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register).

BA2      Encroachment, Access and Works on Shire Owned or Managed Land

                                               

Head of Power                      Building Act 2011 (section 127)

 

                                               

Power/Duty Delegated        

 

Instrument

Building Act  2011

Part

Part  6

Division

 

Section

Sections 76, 77, 78, 79, 80, 81, 82

Sub section

 

Local Law

Nil

Relevant Policies

 

 

Previous Delegation #            N/A

 

Detail of delegation 

 

The Chief Executive Officer is delegated authority to:

 

·     s76 – consent to the encroachment of part of a building or incidental structure onto Shire owned or managed land.

·     s77 – consent to work adversely affecting Shire owned or managed land.

·     s78 – consent to a temporary or permanent protection structure being placed onto Shire owned or managed land.

·     s79 – consent to work being done that affects the structural, waterproofing, or noise insulation capacity of a party wall, a substantial dividing fence or a boundary retaining wall on Shire owned or managed land.

·     s80 – consent to the removal of a fence, gate or other barrier on Shire owned or managed land.

·     s81 – consent to a person accessing Shire owned or managed land to undertake work or conduct a survey.

·     s82 – remove an encroaching building or structure or protection structure from Shire owned or managed  land  in the specified circumstances.

 

Conditions Imposed

 

Delegation to be in writing, any sub-delegation to be in writing and reviewed every financial year.

 

Sub-delegation Permitted:    Yes

 

Sub-delegated to:                   Deputy Chief Executive Officer

                                                  Director Development Services and Community

                                                  Director Corporate Services

                                                  Director Infrastructure

                                                          

Record requirements             Documentation to be recorded to the property file

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register).

 


BA3      Seeking Consent to Affect Other Land

                                               

Head of Power                      Building Act 2011 (section 127)

 

                                               

Power/Duty Delegated        

 

Instrument

Building Act 2011

Part

Part 6

Division

 

Section

Sections 84, 85, 86

Sub section

 

Local Law

Nil

Relevant Policies

 

 

Previous Delegation #            N/A

 

Detail of delegation 

 

The Chief Executive Officer is delegated authority to:

 

·     s84 – give notice of a notifiable event to each owner of affected land.

·     s85 – provide notice in the prescribed way, request that a survey of the affected land be conducted and seek consent from each owner of affected land for access to the affected land for the survey.

·     s86 – seek orders from the Magistrates Court if consent is not provided and provide a copy of the order to the person affected by the order if the order is made in their absence.

 

Conditions Imposed

 

Delegation to be in writing, any sub-delegation to be in writing and reviewed every financial year.

 

Sub-delegation Permitted:    Yes

 

Sub-delegated to:                   Deputy Chief Executive Officer

                                                  Director Development Services and Community

                                                  Director Corporate Services

                                                  Director Infrastructure

                                                                                     

Record requirements             Documentation to be recorded to property file.

 

Reporting requirements       To be reported monthly in the Information Bulletin with a copy    of the report to be recorded to file ARE02 (Delegations of              Authority Register).

 

 

BUSH FIRES ACT 1954

BFA1    Administering the Bush Fires Act 1954

 

Head of Power                      Bush Fires Act 1954 (Section 48)

 

Power/Duty Delegated        

 

Part

 

Division

 

Section

13,17,18,23, 24, 24F, 24G, 25, 25A, 27, 27D, 33, 34,36, 37, 38, 38A, 40, 41, 42, 46, 50, 52, 58, 59, 59A, 60, 67, 68

Sub section

 

Local Law

Bush Fire Brigades Local Law 2003

Relevant Policies

 

 

Previous Delegation #            N/A

 

Detail of delegation 

 

The Council delegates authority to the Chief Executive Officer to perform the functions in relation to the administration of the Bush Fires Act 1954 including the following:

 

·    s13(4) - request the Fire Emergency Services (FES) commissioner to transfer control of a bushfire burning within the district, in accordance with section 13(4).

·    s17(7) - shorten, extend, suspend or reimpose the prohibited burning times by no more than 14 days.

·    s17(8) - notify adjoining local governments, the FES commissioner and any other government department or instrumentality of any variation to prohibited burning times.

·    s18(5) - shorten, extend, suspend or reimpose the restricted burning times by no more than 14 days.

·    s18(11) - request a person who has started a fire that has escaped the land, or in the opinion of a bush fire control officer is out of control, to pay the expenses incurred by it in preventing the extension of the fire.

·    s23(2)(a)(i) - issue a permit in writing to a owner or occupier of land for burning during prohibited burning times.

·    s 24 - issue a permit to burn for the purposes of harvesting subterranean clover during prohibited burning times.

·    s 24B - require production of a permit to burn.

·    s 24F - issue written permission for garden refuse to be burned in an incinerator located within 2m of any building or fence, during limited burning times.

·    s 24G(2) - publish a notice in the Gazette and local newspaper further restricting or prohibiting the burning of garden refuse within the district in addition to the restrictions imposed by limited burning times.

·    s24G(5) - vary or cancel a notice issued  further restricting or prohibiting the burning of garden refuse within the district in addition to the restrictions imposed by limited burning times, by publishing a further notice.

·    s25(1)(a) - approve in writing the lighting of a fire for the purposes of camping or cooking during periods of catastrophic, extreme, severe or very high forecast fire dangers.

·    s25(1)(b) - approve in writing the lighting of a fire for the purposes of the conversion of bush into charcoal, or a lime kiln for the production of lime.

·    s25(1aa)(b)(i) - set aside an area for the purposes of using a gas appliance for the purpose of camping or cooking bearing a sign denoting that purpose.

·    s25(1a) - publish or vary a notice in the Gazette and in a local newspaper prohibiting the lighting of fires for the purposes of camping or cooking in the open air within the district during specified prohibited burning times.

·    s25A(5) - serve a notice in writing on a person holding an exemption from burning during a prohibited period, prohibiting them from lighting a fire to which the exemption relates.

·    s27(2) - permit the use of tractors in orchards that are not fitted with vertical exhaust pipes during restricted or prohibited burning times.

·    s27(3) - prohibit the operation of any tractor or self propelled harvester not fitted with a fire extinguisher by a notice published in a newspaper circulating and a radio station broadcasting within the district.

·    s27(4)(b) - vary or cancel a notice prohibiting the operation of any tractor or self propelled harvester not fitted with a fire extinguisher.

·    s27D(2)(b) - set the requirements of the local government for the carriage in a motor vehicle of incendiary material, in accordance with section 27D.

·    s27D(3)(b) - set the requirements of the local government for the deposit of incendiary material on any land.

·    s33(1) - publish or vary a notice in the Government Gazette and local newspaper requiring landowners or occupiers to take measures to prevent the outbreak or extension of bushfires within a specified time.

·    s33(1) - give notice in writing to an owner or occupier of land situated within the district to take measures to prevent the outbreak or extension of bushfires within a specified time.

·    s33(4)(a) - direct a bushfire control officer or any other officer of the local government to enter upon the land of the owner or occupier in order to carry out the requirements of a notice using such resources as he sees fit.

·    s33(5)(a) - ascertain and fix the costs incurred in order for the local government to carry out the requirements of a notice issued under section 33 in order to give them to the owner or occupier of the land.

·    s33(6) - at the request and expense of the landowner or occupier, authorise any such works for the removal or abatement of a fire danger.

·    s33(6) - recover a debt due from a landowner or occupier in respect to any works carried out.

·    s34(1a)(a) - consult with a person, body or government department responsible for the care, control and management of a crown reserve within the district.

·    s36(a) - purchase and maintain appliances, equipment and apparatus for the prevention, control and extinguishment of bushfires.

·    s36(b) - clear a street, road or reserve vested in the local government of bush and other inflammable material for the purpose of preventing the occurrence or spread of a bushfire.

·    s36(d) - establish and maintain bushfire brigades for the prevention control and extinguishment of bush fires.

·    s36(e) - pay the owner or hirer of any vehicle used  to control or extinguish a bushfire, in respect to damage done to a tyre of that vehicle.

·    s36(f) - assist the occupier of farm lands within the district to acquire appliances, equipment and apparatus for the prevention, control and extinguishment of bushfires.

·    s37(1)(a) - obtain and keep current a policy of insurance that insures volunteer fire fighters for compensation relating to injury caused to them while they are engaged in normal brigade activities.

·    s37(1)(b) - obtain and keep current a policy of insurance that insures against loss or damage to all appliances, equipment and apparatus including privately owned appliances, equipment that is used under the direction of a bushfire control officer, or an officer or member of a bushfire brigade for the purposes of the Act.

·    s38(1) - appoint such persons as required to act as bushfire control officers on behalf of the local government including, but not limited to, a chief and deputy chief bushfire control officer.

·    s38(5A) - issue directions to a bushfire control officer appointed by the local government, or to an officer of a bushfire brigade registered by the local government, to burn bush on, or at the margins of streets, roads, and ways under the care, control, and management of the local government.

·    s38A(1) - request the FES Commissioner to designate a person employed by the department as Chief Bush Fire Control Officer.

·    s40(1) - join with other local governments to appoint, employ and remunerate bushfire control officers.

·    s41(1) - establish and maintain bushfire brigades in accordance with local laws made for the purpose for the prevention control and extinguishment of bush fires.

·    s41(2)  - keep, maintain or cancel a register of bush fire brigades and their members.

·    s41(2a) - notify the FES Commissioner of any changers to the register of bushfire brigades and their members.

·    s42(1) - join with other local governments to establish, maintain, and equip with appliances, equipment and apparatus to act as a bush fire brigade.

·    s46(1A)(a) - prohibit or postpone the lighting of a fire where, if lit, it would be, or become a source of danger by escaping from the land.

·    s46(1A)(b) - direct that all reasonable steps be taken to extinguish a fire that is burning on land if it is in danger of escaping from that land.

·    s46(3) - refund any fees paid to the local government in respect to an application for a permit to set fire to the bush if the local government if the applicant is precluded from using the permit and it becomes useless to him.

·    s50(1)(a) - maintain records of all the bushfire control officers appointed by the local government.

·    s50(1)(c) - maintain records of the particulars, nature, quantity and quality of the bush fire fighting equipment and appliances that are generally available within the district.

·    s52(1) - apply to the Minister to have the district or part of it declared as an approved area.

·    s58(3)(a) - recover the amount of the expense incurred by a person acting under the provisions of the Act, from a person committing an offence against the Act as a debt due in a court of competent jurisdiction.

·    s59(1) - institute and carry on proceedings against a person for an offence alleged to be committed against the Act.

·    s59(2) - reimburse a person instituting and carrying on proceedings against a person for an offence alleged to be committed against the Act, all costs and expenses that he may incur, or be put to in or about the proceedings.

·    s59A(2) - serve a notice to a person, informing him that if he does not wish to be prosecuted for an alleged offence in a court, he may pay to an officer specified in the notice, within the time therein specified, the amount of the penalty prescribed for the offence.

·    s67(1) - appoint persons as seen fit to act as a bush fire advisory committee.

·    s67(3) - fix the quorum for the transaction of business at meetings of the bush fire advisory committee meetings.

·    s67(3)(a) - make rules for the guidance of the bush fire advisory committee.

·    s67(3)(b) - accept the resignation in writing of, or remove any member of the bush fire advisory committee.

·    s67(3)(c) - appoint a person to fill any vacancy in the office of a member of the bush fire advisory committee.   

·    s68(1) - make an agreement with other local governments to join in appointing a regional bush fire advisory committee.

 

The Council delegates authority to the Director Development and CommunityServices, Manager Health, Emergency & Rangers and Coordinator Rangers to perform the functions in relation to the administration of the Bush Fires Act 1954 including the following:

 

·    s59(1) - institute and carry on proceedings against a person for an offence alleged to be committed against the Act; and

·    s59A(2) - serve a notice to a person, informing him that if he does not wish to be prosecuted for an alleged offence in a court, he may pay to an officer specified in the notice, within the time therein specified, the amount of the penalty prescribed for the offence.

 

 

Conditions Imposed

 

The power to institute and carry on proceedings under section 59(1) delegated to the Director Development Services, Manager Health, Emergency & Rangers and Coordinator Rangers can only be exercised with prior approval from the Chief Executive Officer or Council.

 

Sub-delegation Permitted:   No

 

Sub-delegated to:                 Nil

                                               

Record requirements           Documentation to be recorded to file LAW003.1 (Firebreak Infringements & Prosecutions).

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register).

 

 


CARAVAN PARKS AND CAMPING ACT 1995

CPCA1 Administering the Caravan Parks and Camping Act 1995

 

(Withdrawn OMC 28 September 2017 – Item 9.4.3)

 

 

 

 


 

CAT ACT 2011

CA1      Administering the Cat Act 2011

 

Power/Duty Delegated        

 

Part

4

Division

2

Section

44 8, 10, 11, 12, 13, 26, 36, 37, 38, 39, 40, 42, 45, 47, 48, 49, 67, 70, 77

Sub section

(1)

Local Law

 

Relevant Policies

 

 

Previous Delegation #            N/A

 

Detail of delegation 

 

The Council pursuant to section 44 of the Cat Act 2011 (the Act) delegates authority to the Chief Executive Officer to perform the functions in relation to the administration of the Cat Act 2011 including the following the exercise of its powers or the discharge of any of its duties including but not limited to the following:

 

 

·    S3 – a local government may approve in writing an operator of a cat management facility.

·    s8(2) - receive applications for the grant or renewal of the registration of a cat

·    s9(1)(a) - grant or refuse to grant a registration.

·    s9(1)(b) - grant or refuse to renew a registration.

·    s9(5) - require an applicant for cat registration to give any document or information required to determine the application within a specified time of not more than 21 days.

·    s10 - cancel the registration of a cat.

·    s11(1)(a)(b)(c) - allot a registration number, tag, and certificate to a registered cat.

·    s11(2) - replace a registration tag, or certificate to the owner of a registered cat, if satisfied that they have been lost, stolen, damaged or destroyed.

·    s12 - maintain and update a register of cats.

·    s13 - give notice in writing, within 7 days, of any decision made by the local government in relation to the registration or tagging of a cat, informing them of the reasons for the decision and the right to apply for a review of the decision.

·    s26 - issue a cat control notice.

·    s36 - receive applications for the approval, or renewal of approval to breed.

·    s37(1)(a)(b) - grant or refuse to grant the approval for a person to breed cats, or renew or refuse to renew an approval for the person to breed cats.

·    s37(3) - require an applicant for approval to breed cats, to give any document or information required to determine the application within a specified time of not more than 21 days.

·    s37(4) - refuse to consider an application to breed cats if an applicant does not comply with a requirement under s 37(3) within the specified time required.

·    s38 - cancel the approval to breed cats.

·    s39(1) - issue a certificate of approval to an applicant approved to breed cats.

·    s39(2) - replace a certificate of approval to breed cats, if satisfied that it has been lost, stolen, damaged or destroyed.

·    s40 - give notice in writing of any decision made in relation to an approval to breed cats.

·    s42 - do all things necessary or convenient to be done for, or in connection with performing functions of the Act.

·    s44(1) - delegate to the CEO the exercise of any of its powers under provisions of the Act.

·    s48(1) - appoint or cancel the appointment of authorised persons for the purpose of performing particular functions of the Act.

·    s49(3) - recover the reasonable costs associated with the destruction and disposal of a cat.

·    s64 - grant an extension of time, for the payment of a modified penalty.

·    s65 - withdraw an infringement notice.

·    s73 - commence prosecutions for offences under the Cat Act 2011 and local laws.

·    s77 - administer regulations made as if they were a local law.

 

Conditions Imposed

 

Delegation to be in writing, any sub-delegation to be in writing and reviewed every financial year.

                                               

Sub-delegation Permitted:   Yes           

 

Sub-delegated to:                

 

Director Development and CommunityServices

s8(2), s9(1)(a), s9(1)(b),s9(5), s10, s11(1)(a)(b)(c), s11(2), s12, s13, s26, s36, s37(1)(a)(b), s37(3), s37(4), s38, s39(1), s39(2), s40, s42, s48(a), s49(3), s64, s65, s73, and s77

 

Manager Health, Emergency & Ranger Services:

s8(2), s9(1)(a), s9(1)(b),s9(5), s10, s11(1)(a)(b)(c), s11(2), s12, s13, s26, s36, s37(1)(a)(b), s37(3), s37(4), s38, s39(1), s39(2), s40, s42,s49(3), s64, s65, and s77

 

Ranger Coordinator:
s8(2), s9(1)(a), s9(1)(b),s9(5), s11(1)(a)(b)(c), s11(2), s12, s26, s42, and s77

Rangers: 
s8(2), s9(1)(a), s9(1)(b),s9(5), s11(1)(a)(b)(c), s11(2), s12, s42, and s77

Customer Service Officers:
s8(2), s9(1)(a), s9(1)(b),s9(5), s11(1)(a)(b)(c), s11(2), s12, s42, and s77

Record requirements           Documentation to be recorded as per Shire Protocols.

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register).

 


CONTROL OF VEHICLES (OFF ROAD AREAS) ACT 1978

CVA1   Vehicular Access to Prohibited Areas of Cable Beach

                                               

Head of Power                      Control of Vehicles (Off Road Areas) Act 1978

 

Power/Duty Delegated        

 

Part

 

Division

 

Section

4A Delegation by Director General

6 Driving and using of off road vehicles, offences

Sub section

 

Local Law

Local Government Property and Public Places 20126

Relevant Policies

4.2.5 Traffic Management For Events

3.3.6 Trading In Public Places

3.4.7 Events

 

Previous Delegation #            D.84

 

Detail of delegation 

 

In accordance with the exemption notice published in the Government Gazette No 131 on the 26 July 2013, the Chief Executive Officer is delegated authority to approve vehicular access to the prohibited areas of Cable Beach.

 

Conditions Imposed

 

Nil

 

Sub-delegation Permitted    No

 

Sub-delegated to                  N/A

                                               

Record requirements           Documentation to be recorded to the relevant file LAW005.

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register).

 

 


DOG ACT 1976

DA1       Administering the Dog Act 1976

 

Head of Power                      Dog Act 1976 (Section 10AA)

 

Power/Duty Delegated        

 

Part

II

Division

N/A

Section

10AA 10A, 11, 14, 15, 16, 16AA, 16A, 17A(2), 17, 19, 27 (4), 29, 33E,33F (6), 33G, 33F, 33H,33M, 39, 44, 47, 48 (4)

Sub section

 

Local Law

Dogs Local Law 2012

Relevant Policies

3.3.8 Keeping of 3-6 Dogs

 

Previous Delegation #            D.90

 

Detail of delegation 

 

The Council pursuant to section 10AA of the Dog Act 1976 (the Act) delegates authority to the Chief Executive Officer to perform the powers or duties of the local government in the Act, including, but not limited to functions in relation to the administration of the Dog Act 1976 including the following:

 

·    s 10A - make payments to registered veterinarians toward sterilization costs of a dog owned by an eligible person residing within the district.

·    s 11(1) - establish and maintain one or more dog management facilities appointing authorised persons to administer those facilities.

·    s 14(1) - maintain an accurate and up to date register of dogs registered by the local government.

·    s 15(4A)  - waive or discount a registration fee for an individual or any class of dogs within the district with the exception of declared dangerous dogs.

·    s 16(1) - register a dog that is ordinarily kept within the district upon receipt of a fee and application form signed by or on behalf of the owner.

·    s 16(2) – direct a registration officer to refuse the application and refund the fee.

·    s 16(3) – in the specified circumstances, direct a registration officer to refuse to effect or renew the registration of a dog, and/or direct that the registration of a dog be cancelled.

·    s 16(4) – notify the applicant or the person in whose name the registration was effected.

·    s 16AA(2) - deal with a person over the age of 18 nominated in writing by the registered owner of a dog  to be their delegate.

·    s 16A(1) - change the ownership of a dog other than a declared dangerous dog within 28 days of the receipt of written notification.

·    s 17A(2) - provide written notice to the owner of an unregistered dog, that their dog may not be registered within the district, informing them of their right to apply for a review of the decision.

·    s 17(4) - apply to a Justice of the Peace for an order to seize a dog that has its registration refused to be effected or renewed in accordance with section 17(4) and Section 17(5).

·    s 17(6) - cause a dog seized because its registration was refused to be effected or renewed, to be destroyed or otherwise disposed of.

·    s 19 - provide a refund of registration fees upon the cancellation of the registration of a dog and the return of its registration tag.

·    S 26(3) - grant approval for the keeping of three (3) dogs.

·    s 27(4) - grant a licence to an approved kennel establishment within the district.

·    s 29(1) - appoint in writing, authorised persons to exercise on behalf of the local government the powers conferred by this Act.

·    s 33E(1) - declare in writing an individual dog to be dangerous, or specifically authorise a person to do so.

·    s 33F(1) - notify the owner in writing that their dog has been declared dangerous, giving reasons for the making of the declaration and outlining that a written objection may be raised within 7 days with the local government or the State Administrative Tribunal.

·    s 33F(6) - consider a written objection raised in relation to a dangerous dog declaration and give a determination stating the reasons to the owner within 35 days of the receipt of the objection.

·    s 33G(2) - give notice in writing to the to the owner of a seized declared dangerous dog, informing them of the seizure, place of detention, reasons for the seizure, intention to destroy, and right to raise an objection, where and as soon as that is practicable.

·    s 33G(3) - detain any seized, declared dangerous dog until; any objection that is received has been considered, the time for making an application to the State Administrative Tribunal has passed, or if an application is made, that it has been determined in accordance with section 33G(3).

·    s 33G(4)(b) - consider a written objection raised in relation to a dangerous dog declaration and give a determination stating the reasons to the owner within 35 days of the receipt of the objection in accordance with section 33G(4) and section 33G(5).

·    s 33H(1) - revoke a declaration of dangerous dog or proposal to destroy if satisfied that the dog can be kept without the likelihood of any contravention of the Dog Act 1976.

·    s 33H(2) - require the owner of a declared dangerous dog to attend with the dog, a course in behaviour and training, or otherwise to demonstrate a change in the behaviour of the dog, prior to considering any application for the revocation of a dangerous dog declaration.

·    s 33H(3) - give notice in writing to the owner of a declared dangerous dog outlining the outcome of any application made seeking to revoke the declaration, and the reasons associated with the decision.

·    s 33H(5) - consider an application for the revocation of a dangerous dog declaration and give a determination stating the reasons to the owner within 35 days of the receipt of the objection.

·    s 33M(1)(a) - require the owner of a declared dangerous dog to pay a reasonable charge in regard to the expense incurred by the local government in making enquiries, investigations and inspections concerning the behaviour and containment of that dog,  in addition to, and at the time of,  payment of the registration fee.

·    s 39(1) - apply to the Magistrates court seeking the destruction of an attack dog shown on the balance of probabilities to have caused injury or damage.

·    s 44(2)(b) - authorise an employee of the local government to take proceedings in the name of the local government under the Dog Act 1976.

·    s 47(2) - pay for the veterinary services provided in relation to a request from the local government.

·    s 48(4) - administer regulations made under the Dog Act 1976 throughout the district as if they were a local law.

 

Conditions Imposed

 

Delegation to be in writing, any sub-delegation to be in writing and reviewed every financial year.

                                               

Sub-delegation Permitted:   Yes

 

Sub-delegated to:                

 

Director Development and CommunityServices

s 10A, s 11(1), s 15(4A), s 16(1), s 16(2), s 16(3), s 16(4), s 16AA(2), s 16A(1), s 17A(2), s 17(4), s 17(6),  s 19,s 26(3), s 27(4), s 29(1), s 33E(1), s 33F(1), s 33F(6), s 33G(2), s 33G(3), s 33G(4)(b), s 33G(6),  s 33H(1), s 33H(2), s 33H(3), s 33H(5), s 33M(1)(a), s 39(1), s 44(2)(b), s 47(2), s 48(4)                   

 

Manager Health, Emergency and Ranger Services:

s 10A, s 15(4A), s 16(1), s 16(2), s 16(3), s 16(4), s 16AA(2), s 16A(1), s 17A(2), s 17(4), s 17(6),  s 19, s 26(3), s 27(4), s 33E(1), s 33F(1), s 33G(2), s 33G(3), s33G(4)(b), s 33G(6), s 33H(1), s 33H(2), s 33H(3), s 33M(1)(a), s 39(1), s 44(2)(b), s 47(2), s 48(4)                     

 

Ranger Coordinator:
s 16(1), s 16AA(2), s 16A(1), s 17(4), s 19, s 48(4)

Rangers: 
s 16(1), s 16AA(2), s 16A(1), s 19, s 33G(1), s 48(4)

Customer Service Officers and Development Administration Officers:

s 16(1), s 16AA(2), s 16A(1), s 19

 

Record requirements           Documentation to be recorded to the relevant file.

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register).

 

FOOD ACT 2008

FA1      Administering the Food Act 2008

 

Head of Power                      Food Act 2008, (Section 118)

 

Power/Duty Delegated        

 

Part

 

Division

 

Section

65,66,67,110,112,121, 122,123,126

Sub section

 

Local Law

 

Relevant Policies

 

 

Previous Delegation #            D.51

 

The Council delegates authority to the Chief Executive Officer to perform the functions in relation to the administration of the Food Act 2008 including the following:

 

s65 - issuance of ‘prohibition notices’.

s66 - clearing and removing ‘prohibition notices’.

s67 - provide written notification of a decision not to issue a certificate of clearance.

s110 - grant or refuse the registration of a food business.

s112 - vary conditions or cancel the registration of a food business.

s121 - prepare and submit report to the CEO of the Department of Health.

s122 - appoint authorised officers.

s123 - issue certificates of authority to authorised officers.

s126(13) - appoint designated officers to issue, extend payment periods, receive payments or withdraw infringement notices.

Conditions Imposed

 

Sub-delegation Permitted    Yes

 

Sub-delegated to:

 

Director Development and CommunityServices, Manager Health, Emergency & Ranger Services, Coordinator Environmental Health:

s65, s66, s67, s110, s112, s121

 

Record requirements           Documentation to be recorded to the relevant food premises and/or property or reserve file and where relevant on the staff member’s personnel file.

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register).

 

HEALTH ACT 1911

HA1      Health (Miscellaneous Provisions) Act 1911 – Appointment of Deputy to Meet Functions and Responsibilities of the Act

 

Head of Power                      Health (Miscellaneous Provisions) Act 1911

 

Power/Duty Delegated        

 

Part

Part II

Division

Division 2 — Local governments

Section

26

Sub section

 

Local Law

Health Local Law 2006

Relevant Policies

 

Previous Delegation #            D.91

 

Detail of delegation 

 

The Chief Executive Officer is delegated the power under to s26 - to appoint deputies to carry out the exercise and discharge all or any of the powers and functions of the local government.

 

Conditions Imposed             Nil

 

Sub-delegation Permitted:  Nil

 

Sub-delegated to:                 N/A

         

Record requirements           Documentation to be recorded to the staff member’s personnel file. To be recorded on the Authorised Persons Register.

 

 

Reporting requirements       To be reported monthly in the Information Bulletin with a copy    of the report to be recorded to file ARE02 (Delegations of              Authority Register).

 


LIQUOR CONTROL ACT 1988

LCA1    Liquor Control Act 1988 – Certificate of Local Government as to whether premises comply with Laws (Health and Building)

 

(Withdrawn OMC 28 September 2017 – Item 9.4.3)

 


LCA2    Liquor Licensing Extended Trading Permits

 

(Withdrawn OMC 28 September 2017 – Item 9.4.3)

 

 


PUBLIC HEALTH ACT 2016

PHA1   Public Health Act 2016 – Appointment of Authorised Officers

 

Head of Power                      Public Health Act 2016

 

Power/Duty Delegated

 

Part

1

Division

3

Section

Sections 21 and 24

Sub section

 

Local Law

Health Local Law 2006 (or as amended)

Relevant Policies

 

 

Detail of delegation 

 

The Chief Executive Officer is authorised to designate a person or class of persons as authorised officers under section 24 of the Act.

 

Conditions Imposed

 

Consideration must be given to any Department of Health guidelines or gazetted criteria for the appointment of authorised officers.

 

Record requirements           Documentation to be recorded to the Authorised Officer’s personnel file.

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register).

 

 


PLANNING AND DEVELOPMENT ACT 2005 & LOCAL PLANNING SCHEME NO 6

PLA1    Built Strata Certificate of Approval – Forms 24 & 26

 

Head of Power                       Planning and Development (Local Planning Schemes) Regulations 2015 – Schedule 2 cl.82

 

Power/Duty Delegated

 

Instrument

Strata Titles Act 1985

Part

2 Strata Schemes and Survey Strata Schemes

Division

3 Creation of lots and common property

Section

24, 25 Certificate of Commission

Sub section

Nil

Local Law

Nil

Relevant Policies

Nil

 

Previous Delegation #            D.16

 

Detail of delegation

 

The Chief Executive Officer is delegated authority under the Strata Title Act 1985 to issue a preliminary approval strata plan (Form 24) and certificate of approval (Form 26).

 

Conditions Imposed

 

Any applications are to determined be in accordance with Local Planning Scheme No 6.

 

Sub-delegation Permitted    Yes                     

 

Sub-delegated to                  Director Development Services and Community

Manager Planning & Building Services

 

Record requirements           Documentation to be recorded to the relevant property or strata subdivision file.

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register).

 


PLA2    Certifying Premises Complies with Planning Laws

 

Head of Power                       Liquor Control Act 1988 s.40

                                                Planning and Development (Local Planning Schemes) Regulations 2015 – Schedule 2 cl.82 and cl. 84

 

Power/Duty Delegated

 

Instrument

Liquor Control Act 1988

Part

3 – Licenses and permits

Division

2 - Licences

Section

40 - Certificate of planning authority as to whether use of premises complies with planning laws

Sub section

Nil

Local Law

Nil

Relevant Policies

Nil

 

Previous Delegation #            D.20

 

Detail of delegation

 

The Chief Executive Officer is delegated authority to issue a certificate of planning authority as to whether the use of the premises complies with planning laws.

 

Conditions Imposed

 

Any applications are to be determined in accordance with Local Planning Scheme No 6.

 

Sub-delegation Permitted    Yes                     

 

Sub-delegated to                  Director Development Services

Manager Planning & Building Services

 

Record requirements           Documentation to be recorded to the relevant property file.

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register).

 


PLA3    Certifying Premises Complies with Planning Laws – Motor Vehicles

 

Head of Power                       Motor Vehicle Repairers Act 2003 s13

                                                Planning and Development (Local Planning Schemes) Regulations 2015 – Schedule 2 cl.82 and cl. 84

 

Power/Duty Delegated

 

Instrument

Motor Vehicle Repairers Act 2003

Part

2 Licensing of Motor Vehicle Repair Businesses

Division

2 Application for and grant of business licence

Section

13 Application Requirements  

Sub section

Nil

Local Law

Nil

Relevant Policies

Nil

 

Previous Delegation #            D.21

 

Detail of delegation

 

The Chief Executive Officer is delegated authority to issue a certificate of planning authority as to whether the use of the premises complies with planning laws.

 

Conditions Imposed

 

Any applications are to be determined in accordance with Local Planning Scheme No 6.

 

Sub-delegation Permitted    Yes                     

 

Sub-delegated to                  Director Development Services

Manager Planning & Building Services

 

Record requirements           Documentation to be recorded to the relevant property file.

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register).

 

 

 


PLA4    Delegation to Waive/Refund Planning Fees

                                               

Head of Power                      Planning and Development Act 2005 (s261)

                                               

Power/Duty Delegated        

 

Instrument

Planning & Development Regulations 2009

Part

7 - Local government planning charges

Division

2  - Fees and other charges

Section

52 – Local government may waive or refund fees

Sub section

Nil

Local Law

Nil

Relevant Policies

C3.1.2 – Waiving and Refunding of Fees

 

Previous Delegation #            D.24

 

Detail of delegation 

 

The Chief Executive Officer is delegated the exercise of powers and discharge of duties under section 52 of the Planning & Development Regulation 2009; to waive or refund planning fees.

 

Conditions Imposed

 

Refunding of fees/waiver thereof must be in accordance with a Council adopted Policy and schedule of fees and changes.

 

Sub-delegation Permitted    Yes

 

Sub-delegated to                  Director of Development Services and Community

Manager Planning & Building Services

 

Record requirements           Documentation to be recorded to the relevant property and/or subdivision file.

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register).

 

 


PLA5    Determine Development Application

                                               

Head of Power                      Local Planning Scheme No 6 (Part 11 section 11.3)

                                                Planning and Development (Local Planning Schemes) Regulations 2015 – Schedule 2, cl.82

 

Power/Duty Delegated        

 

Instrument

Local Planning Scheme No 6

Part

2, 3, 4, 5, 6, 7, 8, 9, 10

Division

Nil

Section

Nil

Clause

4.18,3.18, 3.23, 3.24, 4.3, 4.4, 4.7 – 4.22 and 5.2  4.23, 4.24, 5.3, 5.4, 5.7, 5.8, 5.11, 5.12, 5.13, 5.14, 5.17, 5.18, 5.28, 5.31, 6.2, 7.5, 8.3, 8.4, 9.2, 9.3, 9.4, 9.5, 10.3, 10.5, 10.6, 10.9

Local Law

Nil

Relevant Policies

8.1 – LPP for the Provision and Development of Open Space Reserves managed by the Shire of Broome

5.2 – Staff Accommodation in General Agriculture, Rural Residential, Rural Small Holdings and Culture and Natural Resource Use Zones

5.3 – Shipping and / or Storage Containers Miscellaneous Structures

5.4 – Municipal Heritage Inventory Heritage List– Development of Listed Places

8.7 – Sprinkler and Hydrant Water Tanks

5.5 – Transient Workers Accommodation

5.6 – Cash In Lieu of Car Parking –Chinatown Zone Parking

5.7 – Parking, Landscaping, Storage, Crossover and Drainage Standards for Planning Applications Development Standards for Development Applications

8.11 – Satellite Dishes, Masts and Antennas

5.8 – Fences

5.9 – Planning Development Approvals – Amendments/extensions to Term of Approval and Requests for Further Information

8.16 – Provisions of Parking

5.10 - Signs

5.11 – Telecommunications Infrastructure

5.12 – Provision of Public Art

5.13 – Design Guidelines –Town Centre Zone

8.22 – Chinatown Development Strategy

5.14 – Public Consultation – Planning Matters

5.15 – Forms of Residential Accommodation other than a Single House

5.16  - Old Broome Development Strategy

5.17 – Caretakers Dwellings and Attached Offices in the Light and Service Industry Zone

5.18 – Bed and Breakfast Accommodation

5.19 – Tourist Accommodation Developments (Excluding Caravan Parks) within the Tourist Zone. Strata Titling of Tourist Developments in the Tourist Zone

5.20 – Minor Exempt Development

5.21 – Non-conforming Use Register

Instrument

Planning and Development (Local Planning Schemes) Regulations 2015, Schedule 2, Deemed Provisions

Part

7 – Requirement for development approval

8 – Applications for development approval

9 – procedure for dealing with applications for development approval

Division

Nil

Section

Nil

Clause

61, 63, 64, 65, 66, 67, 68, 71, 72, 73, 74, 77

Local Law

Nil

Relevant Policies

As above

 

Previous Delegation #            D.27

 

Detail of delegation 

 

Pursuant to clause 82 (1) of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulation 2015 (Deemed Provisions) the Chief Executive Officer is delegated the following powers and discharge of duties under the Deemed Provisions and Local Planning Scheme No 6 (LPS6):

 

·    Make determinations on the sufficiency of information provided with applications for development approval pursuant to clause 63 of the Deemed Provisions.

·    Advertise and provide notice of applications for development approval or consent pursuant to clause 64 of the Deemed Provisions.

·    Determine applications pursuant to clause 68 of the Deemed Provisions of LPS6 for development approval or refusal including:

Any conditions to be imposed or reasons for refusal;

The period of validity; and

The scope of the development approval.

·    Allow for the extension of the term of any development approval in accordance with clause 71 of the Deemed Provisions.

·    Determine applications where variations to Development Requirements of LPS6 pursuant to clauses, 3.23 (Extension of Non-Conforming Use), 3.24 (Change of Non-Conforming Use), 4.3 (Special Application of the Residential Design Codes), 4.4 (Variation to Site and Development Requirements) including variations to Schedule 8 (Development Standards), 4.7 (Car Parking), 4.8 (Service Areas), 4.11 (Height of Buildings), 4.12 (Broomestyle Architecture), 4.13 (Inappropriate or incongruous development), 4.14 (Landscaping and Existing Trees), 4.17 (Telecommunications infrastructure) and 4.18 (Control of Advertisements)  are proposed.

·    Any matter described in the Residential Design Codes including variations and determinations under design principles and clause 4.2 and 4.3 (Residential Design Codes) of LPS6.

·    Prescribe, vary, specify and determine requirements, standards or limitations which may be prescribed, varied, specified or determined under the Scheme with respect to the use or development of land or buildings.

·    Determine any works or uses that are temporary and in existence longer than 48 hours pursuant to clause 61 (1) (f) and 61 (2) (d) of the Deemed Provisions.

·    Determine any amendment applications pursuant to clause 77 (Amending or cancelling development approval) of the Deemed Provisions.

·    Determine any retrospective applications pursuant to clause 65 (Subsequent approval of development) of the Deemed Provisions.

·    Make determinations to vary provisions pursuant to clause clause 12 of the Deemed Provisions to facilitate the conservation of a place entered in the Register of Places under the Heritage of Western Australia Act 1990 or Listed in the Heritage List under Clause 8 of the Deemed Provisions.

·    Determining Applications in accordance with Structure Plans pursuant to clause 27 of the Deemed Provisions.

·    In accordance with clause 75 (1) (c) of the Deemed Provisions agree to the extension of the Deemed Refusal time frame.

·    Make any determination and exercise any discretionary powers contained in LPS6 and its Schedules and the Deemed Provisions.

·    Determine the land use pursuant to clause 3.18 of LPS6.

·    Determine development applications which modifies or varies a Local Development Plan pursuant to clause 56 of the Deemed Provisions.

 

 

Conditions Imposed

 

Authority only to be exercised following appropriate consideration of the matters listed in Clause 67 of the Deemed Provisions and:-

 

1.   Required consultation has to be conducted, delegation can be exercised where concerns raised through consultation is not relevant planning consideration or where concerns can be addressed by way of conditions or mitigated design. Where concerns raised are relevant planning considerations that cannot be addressed or mitigated through conditions a report to Council shall be prepared.

2.   Delegation can only be exercised to the extent that the Scheme or Council policy provides for variations, where variation to Council policy is proposed a report will be prepared to Council.

 

Sub-delegation Permitted    Yes

 

Sub-delegated to                  Director of Development Services and Community

 Manager Planning & Building Services

 

Record requirements           Documentation to be recorded to the relevant property or reserve file.

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register).

 

 


PLA6    Gaming and Wagering, Applications & Renewals

 

Head of Power                       Gaming and Wagering Commission Act 1987

                                                Planning and Development (Local Planning Schemes) Regulations 2015 – Schedule 2 cl.82 and cl. 84

 

Power/Duty Delegated

 

Instrument

Gaming and Wagering Commission Act 1987

Part

5 – Permitted gambling

Division

1 – Gaming generally

Section

55 – Approving premises for gaming

Sub section

3

Local Law

Nil

Relevant Policies

Nil

 

Previous Delegation #            D.37

 

Detail of delegation

 

The Chief Executive Officer is delegated authority to deal with applications and renewals under the Gaming and Wagering Commission Act 1987 and issue the Section 55 – Certification of Local Government Authority

 

Conditions Imposed

 

Any applications are to be determined in accordance with Local Planning Scheme No 6, Food Act 2008 and Health Act 1911.

 

Sub-delegation Permitted    Yes                     

 

Sub-delegated to                  Director Development Services

                                                Manager Health, Emergency & Rangers Services

Manager Planning & Building Services

 

Record requirements           Documentation to be recorded to the relevant property or reserve file.

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register).

 

 


PLA7    Issue of Stop, Direction, Works Notices - Planning

                                               

Head of Power                      Local Government Act 1995 (Section 5.42 & 5.44)         Planning and Development Act 2005

                                                        

Power/Duty Delegated        

 

Instrument

Planning and Development Act 2005

Part

13– Enforcement and administration

Division

1 - Enforcement

Section

214

Sub section

Nil

Local Law

Nil

Relevant Policies

Local Planning Policy 8.13 – Compliance 3.1.1 – Compliance and Enforcement

 

Previous Delegation #            D.42

 

Detail of delegation 

 

The Chief Executive Officer is delegated authority to:

 

1.   Issue and/or withdraw a written direction to the owner or other person undertaking the development to stop and not recommence pursuant with Clause 214 (2) of the Planning and Development Act 2005 (the Act)

2.   Issue and/or withdraw a written direction to the owner or other person undertaking the development to remove, pull down, take up or alter the development and not recommence pursuant with Clause 214 (3) of the Planning and Development Act 2005 (the Act)

3.   Issue and/or withdraw a written direction to the owner or other person undertaking the development to execute works if it appears that delay in the execution of the works would prejudice the effective operation of Local Planning Scheme No 6 pursuant with Clause 214 (5) of the Planning and Development Act 2005 (the Act)

 

for the purpose of ensuring the provisions of Local Planning Scheme No 6 are being observed.

 

Conditions Imposed

 

The Chief Executive Officer is to have regard to Local Planning Policy 8.13 – Compliance 3.1.1 – Compliance and Enforcement.

 

Sub-delegation Permitted:    Yes

 

Sub-delegated to:                   Director Development Services and Community

                                                          

Record requirements             Documentation to be recorded to the relevant property or reserve file.

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy  of the report to be recorded to file ARE02 (Delegations of                   Authority Register).

 

PLA8    Local Development Plans

 

Head of Power                      Planning and Development (Local Planning Schemes)          Regulations 2015 – Schedule 2 cl.82 and cl.84

 

Power/Duty Delegated

 

Instrument

Planning and Development (Local Planning Schemes) Regulations 2015 – Schedule 2

Part

6 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015

Division

Nil

Section

48, 49, 50, 51 & 52

Sub section

Nil

Local Law

Nil

Relevant Policies

Nil

 

Previous Delegation #            N/A

 

Detail of delegation 

 

Pursuant to Part 6 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015, the Chief Executive Officer is delegated the following powers and discharge of duties:

·    Consider the material provided by the applicant and determine whether sufficient information is provided or if further information from the applicant is required before the local development plan can be accepted for assessment under clause 49 (1) of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015

·    Determine under clause 50 (3) whether the local development plan is to be advertised.

·    Consider submissions and take such actions as may be required under clause 51 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015.

·    Determine whether the local development plan is approved, is required to be modified or resubmitted or refused under clause 52 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015.

 

Conditions Imposed

 

Authority only to be exercised following appropriate consideration of the matters listed under clause 48 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 and the local development plan is consistent with Local Planning Scheme No 6 and the Local Planning Strategy.

 

Authority to not advertise a local development plan can only be exercised where it can be demonstrated that it would not adversely affect the owners or occupiers within the area covered by the plan or an adjoining area.

 

Sub-delegation Permitted    Yes

 

Sub-delegated to                  Director Development Services and Community

 

Record requirements           Documentation to be recorded to the relevant property or subject file.

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register).

 

 


PLA9    Structure Plans

 

Head of Power                      Planning and Development (Local Planning Schemes)          Regulations 2015 – Schedule 2 cl.82 and cl.84

 

Power/Duty Delegated

 

Instrument

Planning and Development (Local Planning Schemes) Regulations 2015 – Schedule 2

Part

4 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015

Division

Nil

Section

16, 17, 18, 19

Sub section

Nil

Local Law

Nil

Relevant Policies

LPP 5.22 – Shire of Broome Structure Plan and Subdivision Standards

 

Previous Delegation #            N/A

 

Detail of delegation 

 

The Chief Executive Officer is delegated the following powers and discharge of duties:

1.    Consider the material provided by the applicant and determine whether sufficient information is provided or if further information from the applicant is required before the structure plan can be accepted for assessment under clause 17 (1) of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015

2.    Advertise the structure plan in accordance with clause 18 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015.

3.    Consider submissions and take such actions as may be required under clause 19 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015.

4.    Prepare a report on the proposed structure plan and provide it to the Western Australian Planning Commission in accordance with clause 20 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015.

 

Conditions Imposed

 

Authority only to be exercised following appropriate consideration of the matters listed under clause 16 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 and the structure plan is consistent with Local Planning Scheme No 6 and the Local Planning Strategy.

 

Sub-delegation Permitted    Yes

 

Sub-delegated to                  Director Development Services and Community

Manager Planning & Building Services (except the power outlined in item 4)

 

Record requirements           Documentation to be recorded to the relevant property or subject file.

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register).


 

PLA10  Subdivision and Amalgamation Applications & Clearance

 

Head of Power                      Planning & Development Act 2005

                                                Planning and Development (Local Planning Schemes)          Regulations 2015 – Schedule 2 cl.82 and cl. 84

 

Power/Duty Delegated

 

Instrument

Planning and Development Act 2005

Part

10 – Subdivision and development control

Division

2 – Approval for subdivision and certain transactions

Section

142 - Consultation with local governments etc, as to proposed subdivision

145 – Approving a diagram or plan of survey of approval plan of subdivision

Sub section

 

Local Law

Nil

Relevant Policies

LPP 5.22 – Shire of Broome Structure Plans and Subdivision Standards

 

Previous Delegation #            D.76

 

Detail of delegation

 

The Chief Executive Officer is delegated authority to respond to the Western Australian Planning Commission (WAPC) regarding applications for subdivision or amalgamation or strata submissions and the clearance of any subdivision conditions imposed by the Western Australian Planning Commission.

 

Conditions Imposed

 

Authority to provide a response to the WAPC on an application for subdivision/amalgamation is to be exercised only when the response provided (either support with or without conditions or not to support) is consistent with an approved Structure Plan, Development Approval or the site and development requirements under Local Planning Scheme No 6 (LPS6) and the Planning and Development (Local Planning Schemes) Regulations 2015.

 

Authority to provide a response to the WAPC on a request for clearance of subdivision conditions is only to be exercised where the proponent has met with Council’s requirements of subdivisional works; this is to include the acceptance of bonds or securities as performance guarantees against unfulfilled conditions.

 

Sub-delegation Permitted    Yes

 

Sub-delegated to                  Director Development Services and Community

Manager Planning & Building Services

 

Record requirements           Documentation to be recorded to the relevant subdivision file. 

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register).

 

 


PLA11  Submit Responsible Authority Report

Head of Power                      Planning and Development Act 2005 (section 171A, 171B)

Planning and Development (Development and Assessment Panels) Regulation 2011 (regulation 12)

                                                Planning and Development (Local Planning Schemes)          Regulations 2015 – Schedule 2 cl.82

 

Power/Duty Delegated        

 

Instrument

Planning and Development Act 2005

Part

11A

Division

1

Section

171A, 171B

Sub section

Nil

Local Law

Nil

Regulation

12

Relevant Policies

8.1 – LPP for the Provision and Development of Open Space Reserves managed by the Shire of Broome

5.2 – Staff Accommodation in General Agriculture, Rural Residential, Rural Small Holdings and Culture and Natural Resource Use Zones

5.3 – Shipping and / or Storage Containers Miscellaneous Structures

5.4 – Municipal Heritage Inventory Heritage List– Development of Listed Places

8.7 – Sprinkler and Hydrant Water Tanks

5.5 – Transient Workers Accommodation

5.6 – Cash In Lieu of Car Parking –Chinatown Zone Parking

5.7 – Parking, Landscaping, Storage, Crossover and Drainage Standards for Planning Applications Development Standards for Development Applications

8.11 – Satellite Dishes, Masts and Antennas

5.8 – Fences

5.9 – Planning Development Approvals – Amendments/extensions to Term of Approval and Requests for Further Information

8.16 – Provisions of Parking

5.10 - Signs

5.11 – Telecommunications Infrastructure

5.12 – Provision of Public Art

5.13 – Design Guidelines –Town Centre Zone

8.22 – Chinatown Development Strategy

5.14 – Public Consultation – Planning Matters

5.15 – Forms of Residential Accommodation other than a Single House

5.16  - Old Broome Development Strategy

5.17 – Caretakers Dwellings and Attached Offices in the Light and Service Industry Zone

5.18 – Bed and Breakfast Accommodation

5.19 – Tourist Accommodation Developments (Excluding Caravan Parks) within the Tourist Zone. Strata Titling of Tourist Developments in the Tourist Zone

85.20 – Minor Exempt Development

85.21 – Non-conforming Use Register

 

Previous Delegation #            D.78

 

Detail of delegation 

 

The Chief Executive Officer is delegated to submit the Responsible Authority Report to the presiding member of the Development Assessment Panel.

 

Conditions Imposed

 

Authority only to be exercised where:  

 

1.   Consideration has been given to the matters listed in clause 67 ‘matters to be considered by local government’ of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 and Clause 10.2 of Local Planning Scheme No 6. 

 

2.   Required consultation has to be conducted, delegation can be exercised where concerns raised through consultation is not relevant planning consideration or where concerns can be addressed by way of conditions or mitigated design. Where concerns raised are relevant planning considerations that cannot be addressed or mitigated through conditions, a report to Council shall be prepared.

 

Sub-delegation Permitted    Yes

 

Sub-delegated to                  Director of Development Services and Community

 Manager Planning & Building Services

 

Record requirements           Documentation to be placed on the property file and in the Information Bulletin Report

 

Reporting requirements       To be reported monthly in the Information Bulletin, with a copy   of the report to be recorded to file ARE02 (Delegations of              Authority Register).

 


WITHDRAWN DELEGATIONS

 

LGA3  Applications to Main Roads WA for the installation of Regulatory Signs

             (Withdrawn OMC 28 September 2017)

 

LGA21            Management Orders, Acceptance of

             (Revoked OMC 28 February 2017)

 

LGA31            Rates, Unpaid – Power for Sale

             (Revoked OMC 28 February 2017)

 

LGA17            Execution of Documents – Authorisation without Common Seal

             (Withdrawn OMC 7 September 2017)

 

CPCA1            Administering the Caravan Parks and Camping Act 1995

             (Withdrawn OMC 28 September 2017)

 

LCA1      Liquor Control Act 1988 – Certificate of Local Government as to whether premises comply with Laws (Health and Building)

(Withdrawn OMC 28 September 2017)

 

LCA2   Liquor Licensing Extended Trading Permits

(Withdrawn OMC 28 September 2017)

 

 


MinutesOrdinary Meeting of Council 14 December 2017                                                                 Page 1041 of 1354

 

 

 

 

The Chairman advised that a Revised Report Recommendation and an additional Attachment was circulated prior to the meeting regarding proposed revisions to Policy 3.4.2 – Community Sponsorship Program and related guidelines.

9.4.5      POLICY MANUAL REVIEW 2017

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           ADM28

AUTHOR:                                                   Manager Governance

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Corporate Services

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    27 November 2017

 

SUMMARY:         Councils adopt policies for the efficient and effective administration of their Local Government. 

The purpose of this report is for Council to review and adopt proposed new policies and amendments to existing policies, note the review status of the remaining policies and remove policies considered redundant.

 

BACKGROUND

 

Previous Considerations

 

OMC 25 February 2003                     Item 9.1.6

OMC 19 March 2009                         Item 9.1.3

OMC 15 March 2012                         Item 9.4.5

OMC 27 March 2014                         Item 9.4.5

OMC 17 December 2015                 Item 9.4.3

 

The objectives of Council’s Policy Manual are:

 

·        To provide Council with a formal written record of all policy decisions;

·        To provide staff with precise guidelines in which to act in accordance with Council’s wishes;

·        To enable staff to act promptly in accordance with Council’s requirements, but without continual reference to Council;

·        To enable Councillors to adequately handle enquiries from electors without undue           reference to the staff or the Council;

·        To enable Council to maintain a continual review of Council policy decisions and to   ensure they are in keeping with community expectations, current trends and         circumstances;

·        To enable ratepayers to obtain immediate advice on matters of Council Policy.

 

To meet these objectives Council Policies are reviewed and updated at least every two years following the Ordinary Local Government Election.  Any changes to Council Policy can only be made by a Notice of Motion or an agenda item clearly setting out the details of the amended Policy.

 

COMMENT

 

An internal audit of all Council policies was undertaken across Directorates.  All policies have been renumbered to take into consideration organisational structure changes.  Where applicable previous policy numbering is indicated on the individual policy.  

 

In an effort to streamline future updates a number of policies have been restructured to create a distinction between the Policy Statement and Management Procedure. Council are requested to adopt Part A and note Part B.  This separation enables staff to review and update operational aspects of Part B as required without the necessity of presenting an agenda item to Council. 

 

A workshop was held with Councillors on Tuesday 28 November 2017 which was attended by Councillors Tracey, Male, Fryer, Marriott, Matsumoto, Mitchell and Rudeforth. Cr Rudeforth arrived at 2.07pm.

 

The following Policies were reviewed and with the exception of renumbering, remain unchanged. 

New Numbering

Previous Numbering

Policy

1.1.3

1.1.2

Civic Receptions – Approvals/Rejections of Requests

1.1.5

1.2.13

Forums of Council

2.1.3

1.2.9

Local Regional Price Preference

2.3.2

2.3.8

CCTV

4.1.1

3.1.7

Traffic Control Signs – MRWA Delegation

4.1.2

3.1.8

Business Direction Signs – MRWA Delegation

4.1.3

3.1.9

Subdivision/Development Contributions – Road Reserve Works

4.1.4

3.1.10

Subdivision/Development Contributions – Drainage Headworks

4.1.5

3.1.11

Advisory Signs – MRWA Delegation

4.1.6

3.1.13

Division of Responsibilities at Intersections of Highways and Local Roads

4.1.8

3.1.21

Tourist Attraction Signage

4.2.1

3.1.5

Private and Community Works

4.2.2

3.1.12

Environmental Weed Management Strategy – Broome Townsite

4.2.3

3.1.6

Restrictive Covenant Trees – Rivergum/Boab/Leichardt Ct Subdivision

4.2.5

3.1.20

Traffic Management for Events

4.2.6

3.1.22

Closure of Unsealed Roads Due to Wet Weather

4.3.3

3.1.2

Vandalism or Theft – Reward for Conviction

4.4.1

3.1.17

Fee Concessions at Waste Management Facility

4.4.2

3.1.19

Sale of Recyclables

4.4.3

3.1.23

Waste Management

 

 

New Numbering

Previous Numbering

Local Planning Policies

5.1

8.3

Outdoor Dining

5.2

8.4

Staff Accommodation in General Agriculture, Rural Small Holdings and Culture and Natural Resource Zones

5.3

8.5

Miscellaneous Structures

5.4

8.6

Heritage List - Development of Listed Places

5.5

8.8

Transient Workers Accommodation

5.6

8.9

Parking

5.7

8.10

Development Standards for Development Applications

5.8

8.12

Fences

5.9

8.15

Development Approvals - Amendments/Extensions to Term of Approval and Requests for Further Information

5.10

8.17

Signs

5.11

8.19

Telecommunications Infrastructure

5.12

8.20

Provision of Public Art

5.13

8.21

Design Guidelines – Town Centre Zone

5.14

8.23

Public Consultation - Planning Matters

5.15

8.24

Forms of Residential Accommodation Other than Single House

5.16

8.25

Old Broome Development Strategy

5.17

8.26

Caretakers Dwellings and Attached Offices in the Light and Service Industry Zone

5.18

8.27

Bed and Breakfast Accommodation

5.19

8.28

Strata Titling of Tourist Developments in the Tourist Zone

5.20

8.30

Exempt Development

5.21

8.31

Non-Conforming Use Register

5.22

8.32

Shire of Broome Structure Plan and Subdivision Standards

 

Policies that include proposed amendment(s) are listed below and are contained within the attachment to this report. A number of these amendments relate to reformatting to reflect the separation of Council Policy – Part A and Management Procedure – Part B.

 

New Numbering

Previous Numbering

Policy

1.1.2

1.1.5

Formal Communication Policy - Elected Members and Staff

Reformatted to Part A and Part B.  Matters covered by the Code of Conduct, Standing Orders or other Policies have been removed. 

1.1.4

1.2.12

Liquor Accord

Policy statement has been reviewed and the review responsibility amended.

1.2.1

1.1.1

Execution of Documents and Application of Common Seal         

This policy has been amended to incorporate the execution of documents as detailed in Authorisation CA1 – Execution of Documents on Behalf of the Shire of Broome as adopted at the OMC held 7 September 2017. The Guidelines within the policy have been updated to include extracts from the Local Government Act 1995.

1.2.2

1.2.2

Use of Council Chambers and Administration Building

The policy statement has been reviewed.

1.2.3

1.2.7

Legal Representation – Costs Indemnification

Reformatted to Part A and Part B.  Minor amendments that do not change the intent of the policy.

1.2.5

1.2.14

Mining, Petroleum and Geothermal Energy Resource Extraction

Minor changes to amend review responsibility and to reflect machinery of government changes.

1.2.6

1.2.15

Consultation – Aboriginal Heritage

Minor change to amend review responsibility.

1.3.1

1.2.4

Staff Professional Development, Conferences and Study Tours

Reformatted to Part A and Part B.  Title and content amended to relate specifically to staff.

1.3.2

1.2.8

Staff – Senior Employees

Minor change to amend review responsibility and update position titles to reflect current organisational structure.

1.4.1

1.3.1

Media

Reformatted to Part A and Part B.  Minor inclusions to Part B – Management   Procedure.

1.4.2

1.3.2

Local Government Election – Promotions

Minor changes to amend review responsibility and reflect machinery of government changes.

2.1.1

1.1.11

Legislative Compliance

Reformatted to Part A and Part B. Additional changes are proposed to provide further clarity on this policy.

2.1.4

1.2.11

Risk Management

Reformatted to Part A and Part B.  Review responsibility amended.

2.1.5

1.2.3

Flags – Flying and Half Masting

Reformatted to Part A and Part B. Review responsibility amended.

2.1.6

1.2.6

Complaint Resolution

Reformatted to Part A and Part B. Review responsibility amended.

2.2.1

1.1.10

Internal Control

Reformatted to Part A and Part B. Review responsibility amended. Additional changes are proposed to provide further clarity on this policy.

2.2.2

2.1.1

Materiality in Financial Report

Minor typographical corrections and inclusion of relevant accounting standard as associated document and attachment.

2.2.3

2.1.2

Investment of Surplus Funds

Minor typographical corrections and amendment on the allowable maturity of investments as per amendments to the Local Government (Financial Management) Regulations 1996 – Ministerial Circular 4-2017.

2.2.4

2.1.7

Rating      

Reformatted to Part A and Part B and references to tables of the Local Planning Scheme 6 corrected.

2.2.5

2.1.3

Debt Recovery

As it is proposed to incorporate sundry debtors the title has been amended to remove the word ‘Rates’.      Reformatted to Part A and Part B.  Additional amendments have been made to provide improved guidance on the following:

1.  Full payment deadline for payment arrangements.

2.  Elimination of unnecessary steps in debt recovery and more realistic timelines of touchpoints with the ratepayers.

3.  Obtaining Property Seizure and Sale Order for goods without waiting for 3 years, and not requiring Council endorsement.

4.  Providing notice per Section 6.60

5.  Inclusion of sundry debts in the scope of the policy.

2.2.7

2.1.4

Significant Accounting Policies

Minor typographical changes and inclusion of accounting policies applicable to the Shire but not previously included.

2.3.1

1.2.10

Records Management

Reformatted to Part A and Part B.  Content reviewed and updated.

3.1.1

4.1.24

Compliance and Enforcement

Review responsibility and position titles updated. Amended to include the Food Act 2008.

3.1.2

4.1.25

Waiving and Refunding of Fees

Updated position titles to reflect current organisational structure.

3.1.3

1.5.1

Yawuru Park Council Representation

This policy has been amended to update review responsibility and reflect staff title and machinery of government changes.  A statement has also been included      regarding the authority of Shire representatives on the YPC in accordance with the Joint Management Agreement.

3.2.1

4.3.2

Reissuing of Building Licences

Minor change to amend review responsibility.

3.3.2

4.2.8

Buildings on Caravan Parks

Minor amendments including updating position titles to reflect current organisational structure

3.3.3

4.2.9

Caravan Parks and Camping Grounds – Maximum Number of Sites of a   Particular Type That May be Used at a Facility

Minor change to amend review responsibility.

3.3.4

4.2.10

Approval to Camp for Up to 3 months in Areas Other Than Caravan Parks & Camping Grounds

This policy has been amended to update the review responsibility and reflect machinery of government changes.  In addition definitions and certain legislative provisions have been removed. To minimise confusion and prevent conflict with Clause 10, the reference to sporting club in clause 2 has also been removed.

3.3.5

4.2.14

Operation of Temporary Caravan and Camping Facilities

This policy has been amended to include a provision to allow the opening of         temporary facilities if only limited camping with pets is allowed in permanent facilities. It also provides for persons in large vehicles that cannot be accommodated in a permanent facility to camp in a temporary facility.

3.3.6

4.2.15

Trading in Public Places

This policy has been amended to remove definitions already contained within the local law and the provision for annual licence fee as some licences are not annual.  A provision has been included regarding expansion of trading area   and lack of exclusivity over trading area.  A requirement has also been included for a vehicle prohibited area permit if alternative access to Cable Beach is required.

3.3.7

4.5.2

Horses on Cable Beach

This policy has been amended to update review responsibility, to remove redundant definitions and provisions included in the local law and the unnecessary provision for a permit to be issued to a horse owner or trainer.  A new provision has been included regarding the distance to be kept between galloping horses and other beach users.

3.3.8

4.5.4

Keeping of 3 – 6 Dogs                 

This policy has been amended to update review responsibility and the provisions contained within the Dog Act 1976 and the instrument of delegation.  It also sets out additional information required for application, clarified that Ranger Services will consult with adjacent landowners, and removed the application form as this may be subject to change at short notice.

3.4.1

5.1.2

Broome History Collection

Reformatted to Part A and B and updated review responsibility.  Redundant provisions and headings have been removed.  Minor changes have been made to provide clarity and assist with interpretation.

3.4.2

5.1.5

Community Sponsorship Program

Reformatted to Part A and B and updated review responsibility.  This policy has been amended to enable the CEO to administer the ad hoc sponsorship program in accordance with the priorities set by the Working Group.  The reference to LandCorp has been removed as it will not be administered by the Shire going forward.

3.4.3

5.1.6

Public Art

Reformatted to Part A and B.  This policy has been amended to update review responsibility, remove redundant provisions and reference to ACHAC.

3.4.4

5.1.8

Hire of Promotional Banner Sites

Reformatted to Part A and B.   This policy has been amended to update review responsibility and include objectives.

3.4.6

5.1.10

Community Engagement

Reformatted to Part A and B.   This policy has been amended to update review responsibility.

3.4.8

5.1.12

Broome Civic Centre Programming

Reformatted to Part A and B, and redundant provisions have been removed.

3.4.9

2.1.6

Tourism Administration

Substantial changes are proposed to streamline the policy and create a    consistent framework for funding allocated from the Tourism Administration Fund.  To be supported by guidelines prepared for the new Events, Tourism and Economic Development funding scheme.

3.5.1

5.2.1

BRAC - Non Sporting Special Events

Reformatted to Part A and B.  This policy has been amended to update review responsibility, clarify the process for seeking a reduction or waiver in hire fees and removing the reference to the Glenn and Pat Medlend Pavilion as this facility forms part of BRAC in its entirety.

3.5.2

5.2.2

Advertising/Sponsors Signs Within Active Reserves

Reformatted to Part A and B.  This policy has been amended to update review responsibility and to allow for any signage to be considered for approval.

4.1.7

3.1.15

Register of Public Roads 

Minor change to reflect organisational structure changes.

4.2.4

3.1.16

Verge Maintenance

Reformatted to Part A and Part B.  Amendments proposed include updating the reference to the local law, removal of crusher dust from the list of acceptable materials and an addition of a limit to inorganic verge area.

4.3.2

3.1.18

Disposal of Assets

Reformatted to Part A and Part B.

                            

With the exception of renumbering, the following Policies are currently under review, require reviewing or will be reviewed as a separate process and if necessary presented to Council at that time:

 

New Numbering

Previous Numbering

Policy

1.3.3

2.2.1

Apprenticeships, Traineeships and Cadetships

1.3.4

2.2.2

Staff Housing

1.3.5

2.2.3

Education and Study Assistance

1.3.6

2.2.4

Defence Reservist Leave

1.3.7

2.2.6

Recruitment of Executive Staff

1.3.8

2.2.7

Employee Gratuity Payments

1.3.9

2.2.8

Work Safety Health

2.1.2

2.3.7

Purchasing

It is proposed to review this policy following circulation of the WALGA model which is currently under review. 

2.1.7

1.1.12

Procurement via Panels of Prequalified Suppliers

It is proposed to review this policy following circulation of the WALGA model which is currently under review. 

2.2.6

2.1.8

Rate Exemption – Charitable Use

It is proposed to review this policy within the next 18 months.

3.3.1

4.2.5

Alcohol Management

A full review of this policy will be undertaken January to March 2018.

3.4.5

5.1.9

Shire of Broome Shinju Matsuri Acquisitive Art Prize

A full review of this policy will be undertaken from January to March 2018.

3.4.7

5.1.11

Events

A full review of this policy will be undertaken January to March 2018.

4.3.1

2.4.1

Asset Management

This policy will be reviewed and presented to Council at a later date.

 

 

The following policies are proposed new policies:

 

Number

Policy

1.1.1

Elected Member Entitlements

This policy incorporates previous Policies 1.1.4 – Councillor Fees, 1.1.6 – Reimbursement of Councillor Travel Expenses and 1.1.8 – Councillor Information Technology Provision, Service and Use

1.2.4

Appointment of Acting Chief Executive Officer

This policy provides a framework for the appointment of an Acting CEO and replaces Delegation LGA4.

2.2.8

Self-Supporting Loans

This policy aims to establish the principles and constraints for the utilisation of Shire borrowings to finance self-supporting loans for community based organisations currently leasing or occupying land or buildings vested in or owned by the Shire of Broome. It outlines that self-supporting loans will only be considered for capital acquisition or works, and not for operational expenditure.  The policy details Councils approach and associated terms and conditions, and is support by the Management Procedures contained in Part B.  It provides Council, the community and officers with direction in regards to accessing self-supporting loans from the Shire.

 

The following policies are considered redundant for reasons outlined and are proposed to be rescinded:

 

Number

Policy

1.1.4

Councillor Fees

This policy has been incorporated into proposed new Policy 1.1.1 – Elected Member Entitlements .

1.1.6

Reimbursement of Councillor Travel Expenses 

This policy has been incorporated into proposed new Policy 1.1.1 – Elected Member Entitlements .

1.1.8

Councillor Information Technology Provision, Service and Use

This policy has been incorporated into proposed new Policy 1.1.1 – Elected Member Entitlements .

1.1.9

Public Participation at Council and Electors Meetings 

This policy is proposed to be removed as content is covered by the Standing Orders.

1.2.1

Policy Manual

This policy is proposed to be removed and replaced with preface text within the compiled Policy document.

2.3.6

Issue of Funeral Directors Licence

This policy is proposed to be removed and replaced with an internal procedure.

4.2.3

Street Entertainment/Busking

As this is managed under the Shire of Broome Trading, Outdoor Dining and Street Entertainment Local Law 2016 it is proposed to be removed.

4.2.13

Food Act 2008 Compliance and Enforcement

This policy is proposed to be removed and replaced with an internal Business Operating Procedure.  Policy 3.1.1 - Compliance and Enforcement

has been amended to include the Food Act 2008.

4.4.3

Environmentally Preferred Products Policy

This policy is recommended to be removed as sustainability and buying local provisions to potentially be incorporated into the purchasing policy when it is reviewed in early 2018.

4.4.9

Significant Tree Register

This policy is recommended to be removed as the removal of significant trees on private property can only be regulated through the Local Planning
Scheme where development is occurring.   It is recommended that this matter be considered as part of the upcoming review of the Shire’s Local Planning Framework.

 

Policies that have been reviewed with no changes, or are proposed to be reviewed separately have not been included in the attachment to this item.  Council policies are available on the Shire of Broome website http://www.broome.wa.gov.au/Regulations-Laws-Forms/Council-Policy.  The website will be updated following presentation of this item to Council.

 

CONSULTATION

 

The WA Local Government Association was contacted in regard to Policies 2.1.2 – Purchasing and 2.1.7 - Procurement via Panels of Prequalified Suppliers.

 

STATUTORY ENVIRONMENT

Local Government Act 1995

2.7.       Role of council

(1)         The council -

(a)        governs the local government’s affairs; and

(b)        is responsible for the performance of the local government’s functions.

(2)         Without limiting subsection (1), the council is to -

(a)        oversee the allocation of the local government’s finances and resources; and

(b)        determine the local government’s policies.

          [Section 2.7 amended by No. 17 of 2009 s. 4.]

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

Nil

 

RISK

 

Whilst not a statutory requirement, as best practice, all policies are reviewed at least biennially following the Ordinary Local Government Election.  This is to maintain accuracy with legislative changes and to reduce risk of staff operating under outdated policies.

 

STRATEGIC IMPLICATIONS  

 

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

 

Effective communication

 

Affordable services and initiatives to satisfy community need

 

Accessible and safe community spaces

 

Participation in recreational and leisure activity

 

A healthy and safe environment

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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:

 

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:

(ReVISED REport Recommendation)

Moved: Cr C Mitchell                                               Seconded: Cr B Rudeforth

That Council:

1.       Notes the changes to the policy numbering as contained within this report;

2.       Notes the policies that have been reviewed and remain unchanged;

3.       Adopts the following Policies as reviewed with amendments as contained within Attachment 1 ‘New and Reviewed Policies’, and where applicable notes Part B:

1.1.2           Formal Communication Policy – Elected Members and Staff

1.1.4           Liquor Accord

1.2.1           Execution of Documents and Application of Common Seal

1.2.2           Use of Council Chambers and Administration Building

1.2.3           Legal Representation – Costs Indemnification

1.2.5           Policy on Mining, Petroleum and Geothermal Energy Resource Extraction

1.2.6           Consultation - Aboriginal Heritage

1.3.1           Staff Professional Development, Conferences and Study Tours

1.3.2           Senior Employees

1.4.1           Media

1.4.2           Local Government Elections – Promotions

2.1.1           Legislative Compliance

2.1.4           Risk Management

2.1.5           Flags - Flying and Half Masting

2.1.6           Complaint Resolution

2.2.1           Internal Control

2.2.2           Materiality in Financial Reporting

2.2.3           Investment of Surplus Funds

2.2.4           Rating

2.2.5           Debt Recovery

2.2.7           Significant Accounting Policies

2.3.1           Records Management

3.1.1           Compliance and Enforcement

3.1.2           Waiving and Refunding of Fees

3.1.3           Yawuru Park Council Representation

3.2.1           Reissuing of Building Licences

3.3.2           Buildings on Caravan Parks

3.3.3           Caravan Parks and Camping Grounds - Maximum Number of Sites of a                 Particular Type That May Be Used at a Facility

3.3.4           Approval to Camp for Up to 3 months in Areas Other Than Caravan Parks             & Camping Grounds

3.3.5           Operation of Temporary Caravan and Camping Facilities

3.3.6           Trading in Public Places

3.3.7           Horses on Cable Beach

3.3.8           Keeping of 3-6 Dogs

3.4.1           Broome History Collection

3.4.2           Community Sponsorship Program

3.4.3           Public Art

3.4.4           Hire of Promotional Banner Sites

3.4.6           Community Engagement

3.4.8           Broome Civic Centre Programming

3.4.9           Tourism Administration

3.5.1           BRAC - Non Sporting Special Events

3.5.2           Advertising/Sponsors Signs within Active Reserves

4.1.7           Register of Public Roads

4.2.4           Verge Maintenance 

4.3.2           Disposal of Assets

4.       Adopts the following new policies as contained within Attachment 1 ‘New and Reviewed Policies’:

1.1.1           Elected Member Entitlements

1.2.4           Appointment of Acting CEO

2.2.8           Self-Supporting Loans

5.       Rescinds the following policies:

1.1.4           Councillor Fees

1.1.6           Reimbursement of Councillor Travel Expenses

1.1.8           Councillor Information Technology Provision, Service, and Use

1.1.9           Public Participation at Council and Electors Meetings

1.2.1           Policy Manual

2.3.6           Issue of Funeral Directors Licence

4.2.3           Street Entertainment/Busking

4.2.13         Food Act 2008 Compliance and Enforcement

4.4.3           Environmentally Preferred Products Policy

4.4.9           Significant Tree Register 

6.       Notes the review status of the remaining policies.

7.       Requests that the Chief Executive Officer revise the Community Sponsorship Program Guidelines to reflect the revisions to the Community Sponsorship Policy as shown in Attachment 1.

CARRIED UNANIMOUSLY 6/0

 

Attachments

1.

New and Reviewed Policies with proposed changes as indicated

2.      

Policy 3.4.2 – Community Sponsorship Program

  


Item 9.4.5 – POLICY MANUAL REVIEW 2017

 

 

OFFICE OF THE CHIEF EXECUTIVE OFFICER                   1.1.1

Elected Members

TITLE:

ELECTED MEMBERS ENTITLEMENTS

ADOPTED:

OMC……………………….. – Pages

REVIEWED:

 

ASSOCIATED LEGISLATION:

Sections 5.98, 5.98A, 5.99, 5.99A and 5.100A of the Local Government Act 1995.

Regulations 30, 31, 32 and 34AC of the Local Government (Administration) Regulations 1996

ASSOCIATED DOCUMENTS:

 

REVIEW RESPONSIBILITY:

Chief Executive Officer

DELEGATION:

 

Previous Policy Number Nil

 

Objective:

 

The Shire of Broome’s Elected Members are required to carry our certain functions and responsibilities under the Local Government Act 1995 (the Act). In order to assist in the facilitation of their roles there are entitlements that they must/or may be provided with in order to be effective in their role.

 

This objective of this policy is to provide a clear outline and guidance for the support and payment of all entitlements, including meeting/attendance fees, allowances, and conference and training expenses to elected members

 

Policy:

 

In recognition of the complexity and demands on Elected Members in undertaking their role, the Shire of Broome is committed to ensuring adequate funding is included in the Annual Budget so that elected members are provided with appropriate facilities, equipment, material and information to support them in performing their duties of office and to enable attendance at Conferences or Professional Development training that has relevance to that role.

 

This policy has been prepared to conform with the provisions relevant to elected member entitlements under the Local Government Act 1995 and Local Government (Administration) Regulations 1996

 

Legislative Provisions

Sections 5.98, 5.98A, 5.99, 5.99A and 5.100A of the Local Government Act 1995 provides that a Local Government is to pay certain fees and allowances and may reimburse expenses.

 

Regulations 30, 31, 32 and 34AC of the Local Government (Administration) Regulations 1996 prescribe the level and circumstances of the payment or reimbursement of fees, allowances and expenses.

 

Policy Content

 

Part

Title

1.

Payment of Fees and Allowances

 

2.

Access to Shire Buildings, Administrative Support and Technology

 

3.

Attendance at Conferences and Training within Australia

 

4.

Reimbursement of Expenses

 

 

PART 1

 

1.   Payment of Fees and Allowances

 

1.1     Objective

To detail the amount of fees and allowances to be paid to Elected Members and the conditions under which those fees and allowances shall be paid.

 

1.2     Annual Meeting Attendance Fees in lieu of Council Meeting and Committee Meeting Attendance Fees:

(a) In lieu of paying the President and Councillors a meeting attendance fee for each prescribed meeting, the Shire will pay an amount within the range set by the Salaries and Allowances Tribunal through a determination published in the Government Gazette from time to time that may be paid annually for Meeting Attendance Fees for the President and Councillors. The amount to be paid will be set by Council as part of the adoption of the Annual Budget.

 

(b) Payments will be made monthly in advance on a pro-rata basis throughout the annual period.

 

1.3     Annual Local Government Allowances — President and Deputy President:

(a) The Shire will pay an Annual Local Government Allowance within the range set by the Salaries and Allowances Tribunal through a determination published in the Government Gazette from time to time that may be paid to the President and Deputy President. The amount to be paid will be set by Council as part of the adoption of the Annual Budget.

 

(b) Payments will be made monthly in advance on a pro-rata basis throughout the annual period.

 

1.4     Annual Allowance for ICT Expenses

(a)      ICT expenses means –
(a)	rental charges in relation to one telephone and one facsimile machine, as prescribed by regulation 31(1)(a) of the Local Government (Administration) Regulations 1996 (Regulations); or
(b)	any other expenses that relate to information and communications technology (for example, telephone call charges and internet service provider fees) and that are a kind of expense prescribed by regulation 32(1) of the Regulations.
The Shire will pay all Elected Members the maximum Annual Allowance for ICT expenses as set by the Salaries and Allowances Tribunal through a determination published in the Government Gazette from time to time that may be paid to Elected Members.

 

(b)      Payments will be made monthly in advance on a pro-rata basis throughout the annual period.

 

1.5     Annual Allowance for Travel and Accommodation Expense

(a) The Shire will pay all Elected Members the maximum Annual Allowance for Travel and Accommodation expenses as set by the Salaries and Allowances Tribunal through a determination published in the Government Gazette from time to time that may be paid to Elected Members.

Travel and Accommodation expenses means –
(a)	travel costs, as prescribed by regulation 31(1)(b) of the Local Government (Administration) Regulations 1996 (Regulations); or
(b)	 any other expenses that relate to travel or accommodation and that are a kind of expense prescribed by regulation 32(1) of the Regulations.

 

(b) Payments will be made monthly in advance on a pro-rata basis throughout the annual period.

 

1.6     Conditions of Payment

(a) All allowances and fees shall be paid automatically into a nominated bank account unless an Elected Member has advised the Chief Executive Officer (CEO), in writing, that he/she does not want to claim any or part of those fees and allowances.

 

(b) If an Elected Member advises that he/she does not want all or part of the fees and allowances to which he/she is entitled, any subsequent request for full or additional payment will not be back-paid but accrue from the date of the CEO receiving such a request.

 

1.7     Claims in Excess of Annual Allowances

Any claims by Elected Members for expenses incurred over the maximum Annual Allowance for ICT or Travel are to be submitted on the form provided for the purpose. Additional claims above the maximum limit must be supported by receipted invoices for the maximum limit plus the additional amounts claimed. Where an Elected Member reaches the limit, all claims for reimbursement shall be referred to Council for approval.

 

1.8     Taxation Implications

The taxation liability arising from these payments is the individual responsibility of each Elected Member.

 

PART 2

 

2.   Access to Shire Administration Centre, Administration Support and Equipment

 

2.1     Shire President’s Office

The Shire President will have access to a suitable office within the Civic Function area allocated by the CEO. 

 

The Shire President will have access to secretarial support including management of diary and emails, photocopying, drafting official Shire business related responses and for following up on outstanding matters with the CEO.

 

2.2     Function Room

The Function Room is available to all elected members for use in hosting guests or holding Shire related meetings. The Elected Members should advise the CEO by email that a meeting room is required to determine availability and to enable the room to be booked.

 

2.3     Administration Support

Elected Members will have access to:-

(a)      Shire Presidents office during business hours when available.

(b)     Conference/meeting rooms within the Civic Function area during business hours when available.

(c)      Internet and telephone facilities within the Administration Centre.

 

2.4     Information, communication and technology (ICT) equipment & Use

The following equipment will be issued to Elected Members over and above the annual ICT Allowance detailed in Item 1.4:

·    A mobile device with keyboard or equivalent technology.

 

Conditions

(i)        Any damage or loss of the equipment during that time is the responsibility of the Elected Member to repair and fund.

(ii)        The equipment is strictly to be used for Shire purposes only including, researching Council related matters, Shire approved social media, Shire related pictures or filming, receiving and despatching email correspondence, diary requests and Council meeting agendas.

(iii)       Any issue relating to the equipment that requires technical support will only be provided if the issue relates to the usage types listed in 2.4 (ii).

(iv)      The CEO, if requested, may provide assistance to Elected Members with user training and support.

(v)       All information on Shire issued equipment is subject to Freedom of Information requests.

(vi)      A Councillor email address will be created in the form of Councillor.Name@broome.wa.gov.au

(vii)     All emails received and sent through the Councillor.Name@broome.wa.gov.au email account are captured in the Shire’s Email Archive System.

(viii)     Any costs associated with upgrades or additional requirements over and above the standard equipment being offered should be met by the Elected Member.

 

2.5     Shire Office Access

All Elected Members will be issued with a security card for the Civic Function areas of the Shire Offices providing access during business hours. Elected members are not permitted to enter the Administration Office (excluding reception) without permission of the CEO.

 

The Shire President will be issued with a security code providing 24-hour access to the Civic Function area (including the Shire Presidents Office).

 

Elected members are not permitted to request staff to provide them with access into the Administration Office, and all meetings with staff should be pre-booked through the CEO or a Director’s Office and held in the meeting rooms provided in the Civic Function area.

 

2.6     Documentation

Access to the following publications will be provided to Elected Members either via the Hub or online publications:-

·    Local Government Act 1995 and associated regulations

·    Strategic Community Plan, Corporate Business Plan and associated documents

·    Shire of Broome Annual Report

·    Shire of Broome Local Laws (including Standing Orders)

·    Local Planning Scheme No 6

·    Policy Manual (including Local Planning Policies)

·    Register of Delegations of Power or Duty

·    Code of Conduct

·    Council Agendas and Minutes

·    Department of Local Government, Sport and Cultural Industries publications

·    Councillor’s Manual by WA Local Government Association (WALGA)

·    Annual Budget

 

Access to Information
Section 5.92 of the Local Government Act 1995, provides:-
A person who is a council member or a committee member can have access to any information held by the local government that is relevant to the performance by the person of any of his or her functions under this Act or under any other written law.

 

 

 

2.7     Other Items

The following items will be issued to Elected Members:

·    Two name badges

·    Business cards.

On request a Shire of Broome branded shirt may be issued for use when representing the Shire at Conferences.

 

2.8     Gifts and Donations

From time to time Elected Members may wish to provide stakeholders or community organisations and members with gifts or donations for various reasons. Any request for a gift or donation must be submitted to the CEO in writing stating the purpose of the gift or donation and provide justification as to why the gift or donation is warranted.

 

The CEO is responsible for approving any such requests for gifts or donations within budget limits and reasonable justification being provided.

 

2.9     Election Campaigns Excluded

All Shire resources, equipment and facilities subject of this Policy are provided on the absolute understanding that they will not be used for any election purposes.

 

PART 3

 

3.   Attendance at Conferences, Study Tours, Community Consultation and Training

 

3.1     Objective

To enable Elected Members to develop and maintain skills and knowledge relevant to their role as a representative of the Shire.

 

To further develop Councillors awareness of undertakings by other Local Authorities and to improve their knowledge by way of networking, visiting surroundings districts and consulting with the wider Broome community and to ensure they are not financially disadvantaged in doing so.

 

3.2     Statement

The role of an Elected Member is complex and demanding and the Shire supports and encourages Elected Members to attend appropriate Conferences, Study Tours and Training to enable them to be more informed and better able to fulfil their duties of Office.

 

3.3     Conferences and Training that May be Attended

The Conferences and Training to which this Policy applies shall generally be limited to the following:

·    West Australian Local Government Association and Australian Local Government Association conferences.

·    Special ‘one off’ conferences called for or sponsored by the West Australian Local Government Association and/or Australian Local Government Association on important issues.

·    Annual conferences of the major professions in local government and other institutions of relevance to local government activities.

·    Australian Sister Cities Conferences.

·    Municipal Training Service’s Councillor Induction Program.

·    West Australian Local Government Association Elected Member Training and Development.

·    Training relating to the role of Elected Members.

·    Other local government-specific training courses, workshops and forums, relating to such things as understanding the roles/responsibilities of Elected Members, meeting procedures, etc.

 

3.4     Approval

The CEO is authorised to approve all requests for each Elected Member per annum to attend any locally provided Conference or Training within the categories outlined at clause 3.3 providing it is within the funds allocated in the Annual Budget.

 

All overseas requests will require Council approval.

 

3.5     Study Tours

A study tour is designed to enable Elected Members (and staff) to travel intrastate, interstate and/or overseas to research and study specific issues fronting Council.

 

Wherever possible, details of study tours are to be arranged in advance so that suitable provision can be made in each year’s budget.  When no details of study tours have been arranged, or arrangements are incomplete, an appropriate amount may be included in the budget to cover the cost of an annual study tour.

 

The CEO in consultation with the Shire President may approve attendance at study tours subject to budget and in accordance with the following guidelines:-

 

·    The maximum attendance at any study tour is to be two Elected Members (and two staff).

·    Attendance at a study tour shall only take place where there are appropriate funds provided in the annual budget

·    A detailed report including recommendations on each study tour is to be submitted to Council

 

3.6     Community and other Consultation

 

In order for Councillors to consult with communities outside the Broome townsite, the Shire will reimburse associated vehicle costs in accordance with Part 47(4) Schedule (F) of the Public Service Award 1992, where a Council vehicle is not available and a Councillor utilises their own vehicle.  Additionally, accommodation and meals will be reimbursed at cost.

 

Elected members are required to prepare a report for presentation to Council, detailing the purpose of the visit and a summary of the outcomes achieved during the consultation process.

 

3.7     Special Provision

 

To provide an opportunity to network with Federal Ministers, Members of Parliament and/or Senior Departmental Officers on issues affecting this Council, the Shire President (and the Chief Executive Officer) are to attend an appropriate interstate conference that can incorporate a visit to Canberra on an annual basis. 

 

3.8     Booking Arrangements

Registration, travel and accommodation for Elected Members will be arranged through the Office of the CEO. In general, all costs including airfares, registration fees, and accommodation will be paid direct by the Shire.

 

3.9     Travel Insurance

The Shire’s Travel Insurance Policy provides indemnification any personal loss an Elected Member may experience when travelling on Shire related business. The Elected Members must immediately upon return provide details of the loss to the CEO and complete an insurance claim form.

 

The following items are covered under the policy:

Personal Accident & Sickness

Rental Vehicle Excess

Overseas Medical & Evacuation

Kidnap, Ransom, Extortion, Hijack & Detention

Chubb Response 24/7

Personal Liability & Identity Theft

Loss of Deposits, Cancellation & Curtailment

Alternative Employee or Resumption of Assignment

Luggage, Money & Portable Electronic Equipment

Missed Transport Connection & Overbooked Flights

Extraterritorial Workers’ Compensation (ETWC)

Search and Rescue Expenses

Political Unrest & Natural Disaster Evacuation

 

 

3.10   Support Activities

The Shire will pay all costs for Elected Members that are charged by organisers for support activities, including those costs relating to official luncheons, dinners and tours/inspections that are relevant to the conference and training event.

 

3.11   Accommodation

The Shire will pay reasonable accommodation costs for Elected Members including the night before and/or after the Conference and Training event where this is necessary because of travel and/or the Conference and Training event timetables which make it unreasonable to arrive at or return home in normal working hours.

 

Accommodation shall normally be booked at the Conference and Training venue or, where unavailable, at a similar-rated accommodation in the vicinity of the Conference and Training venue.

 

3.12   Mode and Class of Travel

Where travel is involved, the travel is to be undertaken with all due expedition, by the shortest most practical route, to and from the Conference and Training venue. All reasonable travel costs for Elected Members to and from the venue/accommodation will be met by the Shire.

 

Where air travel is involved, approval to attend should ideally be sought two months prior to departure to facilitate booking arrangements. All air travel must be economy class, any upgrades to other classes must be paid by the elected member

 

If accommodation is at the Conference or Training venue, or in close proximity, taxis should be used for reasonable travel requirements. Where necessary, a hire car may be arranged for the conduct of Council business. Costs of taxi fares, vehicle hire and parking, which are reasonable, required and incurred in attending Conferences and Training, will be reimbursed by the Shire.

 

Where, in particular circumstances, Elected Members desire to travel interstate or intrastate by private motor vehicle, they will be reimbursed for vehicle costs in accordance with the local government kilometre allowance up to an equivalent amount that would have been expended had arrangements been made to travel by air.

 

3.13   Extent of Expenses to be reimbursed

(a) An Elected Member attending a Conference and Training event is entitled to be reimbursed for ‘normally accepted’ living costs while travelling. Such living costs would include, but are not limited to:

 

·    meals and refreshments for the Elected Member (that are not covered by the conference and Training registration costs);

·    dry-cleaning and laundry expenses; and

·    reasonable telephone, internet and facsimile charges.

 

(b) Elected Members will generally not be reimbursed for the cost of meals or refreshments for other people. The main exception is where it is indicated that the meal or refreshment provided to another person is in response to a meal or refreshments previously received.

 

(c) Expenses will generally be reimbursed from the time an Elected Member leaves home to attend an event to the time the Elected Member returns home. Should an Elected Member extend a visit by leaving prior to the time necessary to arrive for the event or return after the time at which the Elected Member could have returned following the event, reimbursements will be paid:

 

·    for the days of the Conference and Training event only; and

·    for the cost of travel to and from the airport to the accommodation to be used for the Conference and Training.

 

(d) Where a visit is extended, as discussed in paragraph (c), an Elected Member may stay for the period of the extension in different accommodation to that used for the attendance at the Conference and Training event. In such situations, the reimbursement of taxi fares will be to the estimated cost of travel between the Conference and Training event’s accommodation and the airport.

 

The Elected Member will be required to pay any greater amount.

 

(e) Where an Elected Member attends two Conference and Training events and there is a gap of no more than three days between the conclusion of the first event and the start of the second event, the Elected Member shall be entitled to reasonable accommodation expenses and the reimbursement of ‘normally accepted’ living costs during that ‘gap’ period. If the gap is greater than two days, only two days reimbursement can be claimed.

 

3.14   Payment of Expense Reimbursements

The extent to which an Elected Member can be reimbursed for intrastate and interstate travel and accommodation costs incurred in any of the circumstances referred to in regulation 32(1) of the Regulations is set by the Salaries and Allowances Tribunal through a determination published in the Government Gazette from time to time.

 

Nothing prevents an Elected Member from being reimbursed for any reasonable expense incurred whilst attending conferences or training where an Elected Member produces receipts or other sufficient information for the total cost to support their claim.

 

Reasonable expense may include but are not limited to:

·    Meals and drinks for the elected member only

·    Transport travel – taxi, Uber or public transport.

·    Entry fees

 

3.15   Cash Advances

The Shire does not pay cash advances to elected members.

 

3.16   Elected Member/Delegate Accompanying Person

Where an Elected Member is accompanied at a Conference and Training event, all costs for or incurred by the accompanying person, including, but not limited to, travel, breakfast, meals, registration and/or participation in any event programs, are to be borne by the Elected Member/ accompanying person and not by the Shire.

 

An accompanying person’s registration, or accompanying person’s program fee, is to be paid to the conference organiser, at time of registration. The Shire will administer the registration and payment process for the accompanying person if the relevant forms and payment are made to the Shire in advance for the accompanying person.

 

Where the Shire meets an account containing any expenditure or cost incurred on behalf of an accompanying person attending, such expenditure must be repaid to the Shire by the elected Member/accompanying person within 30 days of being invoiced for such expenditure following the conclusion of the Conference and Training event.

 

3.17   Guidelines for Conference and Training Attendance

Generally, no more than two Elected Members may attend a particular Conference or Training event outside Western Australia at the same time. The CEO or Council may, however, approve attendance by more than two Elected Members if a particular purpose or need arises.

 

3.18   Attendance at Overseas Conferences

An Elected Member may, with Council approval, attend an overseas conference. The Council approval must include a specific Council resolution indicating that the conference attendance will be of benefit to the Shire and the Elected Member and detailing any conditions that may apply.

 

3.19   Report

Upon return from any Conference and Training event as detailed within this policy, where registration and other associated costs are met by the Shire of Broome, the attending Elected Member is required to provide a written or verbal report on their attendance and the befits to them and the Shire, at the next available workshop.

 

PART 4

 

4.   A Reimbursement of Expenses

 

4.1     Objective

To provide for the reimbursement of expenses necessarily incurred by Elected Members while performing their duties so that no Elected Member should be unreasonably disadvantaged financially due to meeting the requirements of their office.

 

4.2     Child Care:

In accordance with Regulation 31 of the Local Government (Administration) Regulations 1996, child care costs will be paid at the rate set by the Salaries and Allowances Tribunal through a determination published in the Government Gazette from time to time for an Elected Member’s attendance at a Council Meeting or a meeting of a committee of which he or she is a member and the expense is to be claimed on the form provided.

 

Where an Elected Member attends any other meeting, reception, citizenship or other Council function, or Council-related activity and incurs child care costs, such costs may be claimed at the rate set by the Salaries and Allowances Tribunal through a determination published in the Government Gazette from time to time, provided they are substantiated with details of the date, activity attended, the actual costs incurred and original receipts being provided and attached to the claim form.

 

Child care costs are applicable for children, either of natural birth or guardianship determined by legal process.

 

Child care costs will not be paid for where the care is provided by a member of the immediate family or relative living in the same premises as the Elected Member.

 

4.3     Time Limit on Claims and Approval Process

Elected Members requiring reimbursement of expenses in accordance with the provisions of this Policy should submit the appropriate claim form to the CEO, together with supporting documentation, within two calendar months after the month in which the expenses were incurred, and by 15 July of the next financial year, in order to facilitate the finalisation of the Shire’s annual financial statements.

 

4.4     Allowances and Limits are exclusive of G.S.T

Unless otherwise specified in this Policy, all allowances and limits set out in this Policy are exclusive of G.S.T.

 

4.5     Supporting Documentation

Documentary evidence is required for all expenses claimed. Tax Invoices and receipts are required for audit purposes and to enable G.S.T. to be claimed.

 

4.6     Other Entitlements

(a)     Elected Member Dinners

The Shire will provide a meal for all Council meetings and briefing sessions held in the evening.

 

(b)     Attendance at Shire Christmas Party

Elected Members and partners are invited to attend the annual Shire Christmas party held in late December each year.

 

(c)     Acknowledgement of Service

On retirement, Council will acknowledge the service of Elected Members through the provision of an appropriate gift.

 

The value of any gift provided to a retiring Elected Member is limited to the prescribed amount set out in Regulation 34AC of the Local Government (Administration) Regulations 1996.


OFFICE OF THE CHIEF EXECUTIVE OFFICER                   1.1.2

Elected Members

 

TITLE:

FORMAL COMMUNICATION– ELECTED MEMBERS AND STAFF

ADOPTED:

OMC 18 December 2001 – Page 39

REVIEWED:

OMC 15 February 2007 – Pages 129 - 133

OMC 9 April 2002 – Pages 16 – 17

OMC 25 November 2003 – Pages 17 – 19

OMC 20 November 2008 – Pages 83 – 85

OMC 15 March 2012 – Pages 96 – 103

OMC 27 March 2014 – Pages 94 – 99

OMC 17 December 2015 – Pages 110 - 121

ASSOCIATED LEGISLATION:

Local Government Act 1995

Local Government (Rules of Conduct) Regulations 2007- Regulation 10(1)(a)

ASSOCIATED DOCUMENTS:

Shire of Broome Code of Conduct for Council Members, Committee & Working Group Members and Employees

Shire of Broome Standing Orders Local Law 2003 (or as amended)

Policy 1.1.4 – Councillor Fees

Policy 1.1.8 – Councillor Information Technology Provision, Service and Use

REVIEW RESPONSIBILITY:

Chief Executive Officer

DELEGATION:

 

Previous Policy Number 1.1.5

 

Part A

 

Objective:

 

To ensure that appropriate protocols and guidelines are in place to:

·    Provide clearly defined communications and contact channels between Elected Members and shire staff.

·    Ensure that duplication and loss of productive time is minimised.

·    Facilitate Elected Members performing their role effectively.

 

Policy:

The Council and Shire are committed to establishing a respectful, harmonious and effective working relationship between the Elected Members and staff of the Shire through open communications between each party.

 

Whilst the provisions of the Local Government Act 1995 provide that the Chief Executive Officer is the contact point for contact between Elected Members and the administration, this is impractical on a day to day operational efficiency basis and therefore all communications between Elected Members and the Administration are to be channelled through the Chief Executive Officer, Directors, by utilising the Elected Member enquiries email system COUHELP or by completing a Councillor Memo form.  The preferred means for Councillors to make enquiries is via the COUHELP email.

 

Where the request entails the use of Shire resources (human or physical) to an extent which a Director believes may impact on the effective management or day to day activities of the Directorate, the request is to be referred to the Chief Executive Officer for determination. The Chief Executive Officer will discuss such requests with the originating Elected Member to determine the extent of information or action required.

 

The Chief Executive Officer may subsequently refer the matter to Council for determination should a resolution not be achieved.  Elected Members are to be kept informed of progress towards the resolution of any matter they have requested the Administration to attend to.

                                                                     

1.   Requesting Information or a Service

1.1        Any Elected Member wishing to make an enquiry or obtain any information regarding an operational/strategic issue shall contact the Shire through the established Elected Member enquiries process. (COUHELP or Councillor Memo form). 

1.2        Where the Elected Member enquiries email system (COUHELP) or Councillor Memo form is used, requests are to include sufficient detail to enable an investigation of the request to occur.   Responses will be copied to all Elected Members.

1.3        Responses will be issued within 72 hours of receipt, and a record of the response saved within the Shire’s record systems.

1.4        If the matter is deemed confidential in accordance with clause 1.8, only the referring Elected Member shall receive the response.

1.5        Should the matter not be resolved within the nominated timeframe of 72 hours, the Chief Executive Officer or Director (as appropriate) shall provide an update report every ten working days (10) (or as otherwise agreed with the Elected Member) on the matter until resolved.

1.6        Telephone communication shall be to the Chief Executive Officer, or the relevant Director.

1.7        Any Shire officer contacted directly either verbally or in writing by an Elected Member regarding a Shire matter shall refer them to their Director or the Chief Executive Officer.

1.8        Where an Elected Member is seeking information or advice via telephone, without any action being required, there will be no requirement for recording such conversations unless the Chief Executive Officer or the Director determine it is necessary.

1.9        In addition to the process outlined above, any Elected Member who wishes to raise a matter on a confidential basis is to send the request direct to the Chief Executive Officer only, with a specific request that the matter be dealt with in confidence and a reason/s outlining why. Where there is conjecture as to the sensitivity or otherwise of such matters raised, the Chief Executive Officer will consult with the President to ascertain whether the request should be dealt with as a confidential matter. The Chief Executive Officer will prepare a response and provide this back to the individual Elected Member in line with the parameters stipulated in clauses 1.3 and 1.5.

 

2.   Elected Members Undertaking Personal Business transaction with the Shire

 

2.1       Where an Elected Member wishes to pay rates, dog or cat registration, apply for a building approval or licence or any other service offered by the Shire the Elected Members may use the Customer Service Team to facilitate these transactions.

2.2       Where a personal business transaction becomes complex and queries arise this will be referred to the relevant Director.

 

3.   Staff Contacting Elected Members

 

3.1       All staff other than the Chief Executive Officer and Directors are not permitted to contact Elected Members unless:

(i)  They have been requested to do so by the Chief Executive Officer or Director.

(ii)  They are dealing with an ongoing matter and the Chief Executive Officer or Director was aware of the ongoing contact.

3.2       Where a personal business transaction becomes complex and queries arise this will be referred to the relevant Director.

3.3       All staff contact with Elected Members when approved should be via email so appropriate records can be kept otherwise file notes may be required.

3.4       It is acknowledged that the Executive Assistant to the CEO, Manager Governance and Senior Administration and Governance Officer are required to contact Elected Members for specific matters.

 

4.   Staff Contact for Committees, Working and Reference Groups of Council

4.1       Elected Members who are delegates of a Committee, Working or Reference Group of Council may contact officers who have been nominated to support the Committee, Working or Reference Group.

4.2       Any contact to these officers must be directly related to the matters pertaining to the business of the Committee, Working or Reference Group.

4.3       If a matter is raised that is complex, strategic in nature or requiring resources the Officer will refer such matters to the Chief Executive Officer or relevant Director for determination.

 

5.   Appointments with the Chief Executive Officer and Directors

Elected Members in acknowledging the everyday pressures placed on the Chief Executive Officer and Senior Staff Directors, will wherever possible make appointments in advance, to meet with the Chief Executive Officer or Directors, Senior Staff member, at the Chief Executive Officer’s discretion, stating the nature of the request for a meeting.

 

 


 

Part B

 

Management Procedures

 

Objective:

 

To establish communication parameters between Elected Members and Employees of the Shire of Broome and for access to information by Elected Members:

 

To ensure:

 

·          Effective provision of information at all times for Elected Members and staff, with measurable response times.

·          Efficient time management to meet critical competing needs of Elected Members and staff.

·          The appropriate medium is utilised for the provision of different levels of information.

 

Definitions:

 

CEO

The Chief Executive Officer of the Shire of Broome, or the person appointed to act in that capacity.

COUHELP

Centralised email address for Councillors to forward enquiries. This address is restricted to Councillors, CEO and Senior Staff Directors, and is monitored by the Manager Governance and the Senior Administration and Governance Officer. In the majority of instances replaces hand written Councillor Memos.

Directors

Includes the Director Corporate Services, Director Development and Community and Services the Director Infrastructure, or the person appointed to act in that capacity. 

Elected Member

Councillor

Staff

Are all employees of the Shire of Broome who are not the CEO or Senior Employees a Director.

Service Delivery

This relates to a specific occurrence or instance of work, of a minor and general nature, that has already been carried out

Requests for Work

This relates to specific instances where a request for works of a minor general maintenance nature, which may be relayed from members of the public.  It does not relate to any administrative functions of Council (Policies, Reports etc).

 

Correspondence

Means all forms of written correspondence:

·         facsimile

·         letter

·         digital information (email)

·         memo

·         works request

·         forms

 

 

Policy:

The Local Government (Rules of Conduct) Regulations 2007 and the Shire of Broome Code of Conduct guide Council on ways in which Councillors can communicate with Shire staff.   Predominantly this method is through electronic means to the CEO, Senior Employees Directors and COUHELP.  

Communication Mediums

Digital information (email) is the prime medium for distributing information to Elected Members.

(a)        Email

 

·          In utilising email, specific attention must be drawn to Equal Employment Opportunity (EEO) legislation which has a direct impact on the use of email and may constitute an official record subject to disclosure under the Freedom of Information Act or other laws.

 

The policy provides for stored electronic messages derived from the Shire of Broome’s business transactions to be regarded as official records and, as such, professionally managed.  Procedures are defined covering the requirement to retain electronic messages in record keeping systems for as long as required under the terms of the State Records Act 2000.

·          Users of email must respect the law and the legal rights of others.  Transmission of any material by email in violation of any Australian law is prohibited.  This includes, but is not limited to, copyright material, threatening or obscene material, material contrary to the EEO principles or material protected by trade secret.  Copyright applies to information transmitted via email.

 

·          Email is inherently insecure.  A message is not "deleted" from the system until all recipients of the message, and recipients of any forwarded or attached copies, have deleted their copies. All emails sent and received are also archived according to Record keeping policy so may not be deleted for a number of years.

 

·          Mail sent to outside organisations will be subject to the policies of those organisations.  These policies may differ from those of the Shire of Broome, especially in relation to privacy.  While it is not the practice of the Shire of Broome’s records department to read or to discuss the content of any message, it may be necessary to read an email message that has failed to reach its destination.  This may be required to assist with the determination of the intended addressee and to redirect the message to the correct address.

 

·          All email communications between Councillors that raise particular issues or items for debate shall be forwarded to all Councillors, without exception.  This ensures all Councillors are aware of current issues and have the opportunity to express views where considered appropriate and applicable.

 

·          Unless authorised by the author of the original email, all digital information sent from the Shire of Broome is for the intended person(s) only and not for dissemination to third parties; it is to be considered as confidential information.   Breach of this protocol may result in the repercussions as per the Local Government Act 1995 s5.91-5.93 and the Shire of Broome Code of Conduct 6.2(e).

 

COUHELP and Councillor Memos

COUHELP has been developed to provide a centralised email address for Councillor enquiries – this email address is not for the general public.  The emails are monitored by the Manager Governance and Senior Administration and Governance Officer, recorded on a Register and referred to the responsible Senior Staff member for a response.

Councillor Memos (in triplicate) were developed so that to enable Councillors not utilising email can to write to the CEO and enquire as to a particular matter at any time and provide a tracked process that may be answered by the CEO or relevant Director. by another officer as directed by the CEO. 

The preferred means for Councillors to make enquiries is via the COUHELP email.

The Chief Executive Officer or Director Staff will endeavour to respond to a Councillor enquiry within 72 hours of receipt of the COUHELP email or Councillor Memorandum.  Councillors must use their judgement in deciding to submit a COUHELP email or Councillor Memorandum as each question may take several hours to prepare a response and recognise that staff resources will be directed away from other operational matters.

 

A response from staff may be to at least recognise the question raised and respond to an elected member that the matter requires further investigation, or is not within the resource capability of the Shire of Broome at that time.

(b)        Telephone

 

Telephone communication shall be to the Chief Executive Officer, or the Senior Staff of the Shire of Broome being:

 

Deputy Chief Executive Officer

Director of Corporate Services

Director of Infrastructure

(The above list may be changed at the discretion of the Chief Executive Officer from time to time).

(c)        Facsimile

 

Some Elected Members may have facsimile machines though these have tended to be unreliable as a means of communication.  Primary communications will be through the digital information system (email).

(e)     Hard Copy (paper or similar)

 

A hard copy of information circulated via digital information (email) shall be printed and placed in a Councillor’s “in-tray” at the office of the Shire of Broome if so requested by an Elected Member. 

All other hard copy information not able to be transmitted by email shall be provided to Elected Members in their “in-tray”.  Councillors will be responsible for collection of material from their “in-tray”.

Hard Copy information stamped “Confidential – Councillor Information Only (not for dissemination)” shall not be provided to any third party.

(f)        Computer & Information Technology

 

An allowance is paid to elected members in accordance with Section 5.99A of the Local Government Act 1995 provides for an allowance to be paid to Elected Members for Information Communication Technology expenses. Elected Members may reference the Councillor Information Technology Provision, Service and Use Policy (1.1.8) and Councillor Fees Policy (1.1.4) for further details.

Communication Procedures - General

 

·          Enquiries and complaints from Elected Members regarding service delivery and requests for work are to be delivered to the Administration Office, or directed by email to COUHELP or memo to the Manager Governance. Emails shall be directed to COUHELP for distribution by the Manager Governance or Senior Administration and Governance Officer

 

·          Confidential complaints or comments in relation to staff and other matters are to be in writing and directed to the Chief Executive Officer (ceo@broome.wa.gov.au) and will be handled in accordance with the Shire of Broome Complaints Policy.

 

·          All other non confidential Information forwarded via email (with the exception of those indicated in dot point one above) should be sent to the Shire address shire@broome.wa.gov.au  This information will then be recorded in the electronic records system and forwarded to the CEO or relevant Director for attention, who may further delegate.  Under no circumstances should any emails relating to formal or confidential Council business be forwarded to staff without the express permission of the CEO.

 

·          All written correspondence from Elected Members, other than requests for works or enquiries as indicated in the first dot point, will be forwarded to the CEO in the first instance.

 

·          Any Elected Member who wishes to raise a grievance in relation to the Code of Conduct, the Local Government Act, or any matter of Council business, shall first raise the matter with the Chief Executive Officer and/or the President and/or the Deputy President. 

It should be noted that this does not override the requirements of Corruption and Crime Commission of Western Australia.  Issues which are referred to the CCC will remain confidential.

 

·          When an Elected Member forwards correspondence from a member of the public, staff will arrange a response if required.  A copy of the response will be forwarded to the Elected Member for their information.  In meeting the objectives of this policy, it is appropriate that Shire staff respond to all correspondence on related Council or Shire matters.

 

·          Elected Members, in acknowledging their role is one of leadership, also acknowledge they have no capacity to speak with staff individually, with the exception of the CEO and Directors Senior Staff, on matters of Shire or Council business.

 

       However, under some circumstances, the CEO may give permission for an Elected Member to discuss a matter with a staff member.  This conversation should be recorded as a file note, by the staff member, and forwarded to the CEO for perusal and filing.  It is acknowledged that liaison of a general nature is required between Elected Members, Senior Staff, Personal Executive Assistant to CEO, Manager Governance and Senior Administration and Governance Officer on a regular basis.

Communication Procedures - Ordinary Council Meetings

·          Matters requiring consideration at an Ordinary Council Meeting should be submitted to the Chief Executive Officer, in accordance with the Shire of Broome Standing Orders Local Law 2003, via email or facsimile.

 

·          Notices of Motion should be submitted directly to the Chief Executive Officer via email.  Once received, the Chief Executive Officer will arrange for the matter to be researched and included on the agenda of the next appropriate Council Meeting.  Should it be considered more appropriate that the matter be dealt with administratively, the Councillor will be contacted and advised of this.

 

Access to Information

·          Elected Members have information access rights that are additional to those given to the general public.  Members can access the following information held by a local government:

 

·      All written contracts of the local government;

·      All documents relating to written contracts which local government proposes to enter into; and

·      Any information that is relevant to their functions.

 

·          Elected Members should be able to demonstrate that any information sought is relevant to the performance of a function.  Access arrangements should be made through the Chief Executive Officer.

 

·          Access to information will be in accordance with requirements under the Local Government Act 1995 and Freedom of Information Legislation.

 

·          Members will not use confidential information to gain advantage for themselves or for any other person or body, in ways which are inconsistent with their obligation to act impartially, or to improperly cause harm or detriment to any person or organisation (Shire of Broome Code of Conduct Clause 3.1).

 

NOTE:

This Policy does not abolish the right of Councillors to contact the Chief Executive Officer or Senior Staff (Directors) by telephone to informally discuss Shire or Council business.

 

BOP 1.3.5 COUHELP provides detailed internal procedures for staff.

 



OFFICE OF THE CHIEF EXECUTIVE OFFICER                 1.1.4

Elected Members

 

TITLE:

LIQUOR ACCORD COMMITTEE

ADOPTED:

OMC 15 March 2012 – Pages 96 – 103

REVIEWED:

OMC 27 March 2014 – Pages 94 – 99

OMC 17 December 2015 – Pages 110 - 121

ASSOCIATED LEGISLATION:

 

ASSOCIATED DOCUMENTS:

 

REVIEW RESPONSIBILITY:

Director Corporate Services Chief Executive Officer 

DELEGATION:

 

Previous Policy Number 1.2.12

 

Objective:

The objective of this Policy is to ensure that the Liquor Accord continues to hold regular meetings.  These meetings provide valuable consultation with stakeholders within the Shire of Broome including Western Australia Police (WAPOL), liquor licence holders, associated community groups and other relevant stakeholders as determined.

Policy

Council and the Shire of Broome are Committee to the principals and objectives of the Broome Liquor Accord and its positive impacts on the Community. 

To achieve these objectives the Council supports the Shire President being appointed as Chairperson to preside at the Liquor Accord meetings in an impartial non-voting capacity.

In addition the Shire of Broome will provide:

·        The Council Function Room for the purpose of holding these meetings, and

·        Secretarial services for the purpose of minute taking and agenda distribution.

 

Definitions:

Nil.

 

Policy:

 

The Shire President be appointed as Chairperson to preside at the Liquor Accord meetings in an impartial non-voting capacity.

 

In addition the Shire of Broome will provide:

 

·        The Council Function Room for the purpose of holding these meetings, and

·        Secretarial services for the purpose of minute taking and agenda distribution.


OFFICE OF THE CHIEF EXECUTIVE OFFICER                   1.2.1

Organisational

TITLE:

EXECUTION OF DOCUMENTS AND APPLICATION OF COMMON SEAL

ADOPTED:

OMC 14 June 2005

REVIEWED:

OMC 19 March 2009 – Pages 26 – 31

OMC 15 March 2012 – Pages 96 – 103

OMC 27 March 2014 –  Pages 94 – 99

OMC 17 December 2015 – Pages 110 – 121

ASSOCIATED LEGISLATION:

Shire of Broome Standing Orders Local Law 2003 (or as amended)

ASSOCIATED DOCUMENTS:

CA1 Execution of Documents

REVIEW RESPONSIBILITY:

Chief Executive Officer

DELEGATION:

 

Previous Policy Number 1.1.1

 

Objective:

 

To clarify the authority given by Council for the execution of documents and the affixing of the Common Seal when required, by the President and the Chief Executive Officer under Clause 19.1(2) of the Shire of Broome Standing Orders Local Law 2003 (or as amended).

 

Definitions:

 

N/A

 

Policy:

 

The Shire of Broome has a Common Seal that is to be affixed to certain documents as proof that the document in question has been attested to by the Shire. 

 

Documents that require the Common Seal are to be presented to Council for consideration within the Reports of Officers section at the appropriate meeting of Council.   The report recommendation is to include the following or similar wording  “That Council approves the affixation of the Common Seal of the Shire of Broome to the said document and authorises the Shire President and Chief Executive Officer to sign engross all documentation as required”.

 

The attachment of the Common Seal requires attesting by both the Shire President, or in their absence the Deputy Shire President, and Chief Executive Officer or the person acting in that position.

 

Clause 19.1(4) of the Shire of Broome Standing Orders Local Law 2003 (or as amended) requires the Chief Executive Officer maintain a register of documents where the Common Seal has been affixed. 

 

Guidelines

 

The following documents require the Common Seal of the Shire of Broome to be affixed:

 

·     Local Laws

·     Documents of a ceremonial nature

·     Land transactions, including but not limited to sale, leases, assignments, subleases, consent to mortgage, surrenders, transfers, lodgement and withdrawals of caveats and amalgamations as resolved by Council.

·     Town Planning Schemes and Scheme Amendments

·     Any document stating that the Common Seal of the Shire of Broome is to be affixed.

 

The Local Government Act 1995 (the Act) was amended to clarify the requirements for the valid execution of documents on behalf of a local government. The relevant provisions of the Act are:

 

9.49A.        Execution of documents

      (1)     A document is duly executed by a local government if —

                 (a)     the common seal of the local government is affixed to it in accordance with subsections (2) and (3); or

                 (b)     it is signed on behalf of the local government by a person or persons authorised under subsection (4) to do so.

      (2)     The common seal of a local government is not to be affixed to any document except as authorised by the local government.

      (3)     The common seal of the local government is to be affixed to a document in the presence of —

                 (a)     the mayor or president; and

                 (b)     the chief executive officer or a senior employee authorised by the chief executive officer,

               each of whom is to sign the document to attest that the common seal was so affixed.

      (4)     A local government may, by resolution, authorise the chief executive officer, another employee or an agent of the local government to sign documents on behalf of the local government, either generally or subject to conditions or restrictions specified in the authorisation.

      (5)     A document executed by a person under an authority under subsection (4) is not to be regarded as a deed unless the person executes it as a deed and is permitted to do so by the authorisation.

 

9.49B.         Contract formalities

      (1)     Insofar as the formalities of making, varying or discharging a contract are concerned, a person acting under the authority of a local government may make, vary or discharge a contract in the name of or on behalf of the local government in the same manner as if that contract was made, varied or discharged by a natural person.

      (2)     The making, variation or discharge of a contract in accordance with subsection (1) is effectual in law and binds the local government concerned and other parties to the contract.

      (3)     Subsection (1) does not prevent a local government from making, varying or discharging a contract under its common seal.

 

9.49.  Documents, how authenticated

               A document, is, unless this Act requires otherwise, sufficiently authenticated by a local government without its common seal if signed by the CEO or an employee of the local government who purports to be authorised by the CEO to so sign.

 

To facilitate the effective utilisation of the Act’s provisions, Council at its Ordinary Council Meeting of 7 September 2017 adopted authorisations to the CEO, Directors and a number of Managers for the execution of documents on behalf of the Shire of Broome, without the requirement to affix the seal. Full details of the authorisations are detailed in CA1 – Execution of Documents on Behalf of the Shire of Broome.

 

As a consequence of the adoption of the Authorisations by Council there are less documents that now are required to have the Common Seal of the Shire of Broome affixed. The following documents are required to have the Common Seal affixed (other documents may have the seal affixed at the discretion of the CEO):-

 

 

Document Description

 

Document Description

1

New or Revised Town Planning Schemes

4

C/Wealth or State Government documents where legislation specifically requires the seal or CEO signature.

2

Amendments to Town Planning Schemes

5

Documents of a Ceremonial Nature – such as Sister City agreements

3

New, Revised or Amendments to Local Laws

 

 

 

 

The sealing clause shall be:

Common Seal
 


The COMMON SEAL of the   SHIRE OF BROOME   )

by the authority of a resolution of the Council      )

was hereunto affixed in the presence of:     )

 

 

 

 

_____________________________                         _____________________________

(Insert Name of Shire President)                       (Insert Name of CEO)

Shire President                                                    Chief Executive Officer

 

 

It should be noted that some matters that may be dealt with under delegated authority may require the Common Seal to be affixed.


 

OFFICE OF THE CHIEF EXECUTIVE OFFICER                   1.2.2

Organisational

TITLE:

USE OF COUNCIL CHAMBERS AND ADMINISTRATION BUILDING

ADOPTED:

OMC 28 April 1998 – Page 12

REVIEWED:

OMC 21 November 2000 – Page 30

OMC 9 April 2002 – Page 15

OMC 14 October 2003 – Pages 15 – 17

OMC 19 March 2009 – Pages 26 – 31

OMC 15 March 2012 – Pages 96 – 103

OMC 27 March 2014 – Pages 94 – 99

OMC 17 December 2015 – Pages 110 - 121

ASSOCIATED LEGISLATION:

 

ASSOCIATED DOCUMENTS:

 

REVIEW RESPONSIBILITY:

Chief Executive Officer

DELEGATION:

LGA12 Council Chambers

Previous Policy Number 1.2.2

 

 

Objective:

 

To provide guidance on the use of the Council Chambers and other meeting rooms within the Shire of Broome Administration Building.

 

Policy:

 

The Council and the Shire of Broome are committed to ensuring that the Administration Building, including the Council Chambers and associated meeting rooms, are treated with respect and dignity in recognition of the status of this facility.

 

It is Council Policy that the Council Chambers and the Administration Building be used only for Council functions and meetings.  The Chief Executive Officer is authorised to approve the use of the Council Chambers for other functions and meetings when special circumstances exist, however, it is Council's Policy that community groups and organisations should not use the Council Chambers but should be directed to other Council owned public buildings.

 

Definitions:

 

Nil


OFFICE OF THE CHIEF EXECUTIVE OFFICER                   1.2.3

Organisational

TITLE:

LEGAL REPRESENTATION – COSTS INDEMNIFICATION

ADOPTED:

OCM 10 June 2003, Pages 20 – 24

REVIEWED:

OCM 19 March 2009 – Pages 26 – 31

OMC 15 March 2012 – Pages 96 – 103

OMC 27 March 2014 – Pages 94 – 99

OMC 17 December 2015 – Pages 110 - 121

ASSOCIATED LEGISLATION:

 

ASSOCIATED DOCUMENTS:

 

REVIEW RESPONSIBILITY:

Chief Executive Officer

DELEGATION:

LGA26 Operational – Legal Representation, Costs Indemnification

Previous Policy Number 1.2.7

 

Part A

 

Objective:

 

a)      This policy is designed to protect the interests of Council members and employees (including past members and former employees) where they become involved in civil legal proceedings because of their official functions.  In most situations the local government Shire may assist the individual in meeting reasonable expenses and any liabilities incurred in relation to those proceedings.

 

b)      In each case it will be necessary to determine whether assistance with legal costs and other liabilities is justified for the good government of the district.  This policy applies in that respect.

 

Policy:

 

The Council and the Shire of Broome are committed to ensuring that in performing their duties in a fair and objective manner, the interests of council members and staff are protected from civil legal proceedings.

 

To achieve the objectives the Shire:

 

a)        The local government may provide financial assistance to members and employees in connection with the performance of their duties provided that the member or employee has acted reasonably and has not acted illegally, dishonestly, against the interests of the local government or otherwise in bad faith.

 

b)        The local government may provide such assistance in the following types of legal proceedings:

 

i)    Proceedings brought by members and employees to enable them to carry out their local government functions (e.g. where a member or employee seeks a restraining order against a person using threatening behaviour);

 

ii)   Proceedings brought against members or employees (this could be in relation to a decision of Council or an employee which aggrieves another person (e.g. refusing a development application) or where the conduct of a member or employee in carrying out his or her functions is considered detrimental to the person (e.g. defending defamation actions); and

 

iii)   Statutory or other inquiries where representation of members or employees is justified.

 

c)        The local government Will not support any defamation actions seeking the payment of damages for individual members or employees in regard to comments or criticisms levelled at their conduct in their respective roles.  Members or employees are not precluded, however, from taking their own private action.  Further, the local government may seek its own advice on any aspect relating to such comments and criticisms of relevance to it.

 

d)        Ensure the legal services the subject of assistance under this policy will usually be provided by the local government’s Shire’s solicitors.  Where this is not appropriate for practical reasons or because of a conflict of interest then the service may be provided by other solicitors approved by the local government the Shire.

 

Definitions:

 

N/A

 

Part B

 

Management Procedures

 

1.       Applications for Financial Assistance

 

          a)      Subject to item (e), decisions as to financial assistance under this policy are to be made by the Council.

 

          b)      A member or employee requesting financial support for legal services under this policy is to make an application in writing, where possible in advance, to the Council providing full details of the circumstances of the matter and the legal services required.

 

          c)      an application to the Council is to be accompanied by an assessment of the request and with a recommendation which has been prepared by, or on behalf of, the Chief Executive Officer (CEO).

 

          d)      A member or employee requesting financial support for legal services, or any other person who might have a financial interest in the matter, should take care to ensure compliance with the financial interest provisions of the Local Government Act 1995.

 

          e)      Where there is a need for the provision of urgent legal services before an application can be considered by Council, the CEO has authorisation to the value of $10,000 with that the power to make such an authorisation delegated to the CEO in writing under section 5.42 of the Local Government Act 1995.  Council shall be advised immediately should the delegation be exercised.

 

          f)       Where it is the CEO who is seeking urgent financial support for legal services the Council shall deal with the application.

 

2.   Repayment of Assistance

 

          a)      Any amount recovered by a member or employee in proceedings, whether for costs or damages, will be off set against any moneys paid or payable by the Shire local government.

 

          b)      Assistance will be withdrawn where the Council determines, upon legal advice, that a person has acted unreasonably, illegally, dishonestly, against the interests of the local government or otherwise in bad faith; or where information from the person is shown to have been false or misleading.

 

Where assistance is so withdrawn, the person who obtained financial support is to repay any moneys already provided.  The local government Shire may take action to recover any such moneys in a court of competent jurisdiction.

 

 

 


OFFICE OF THE CHIEF EXECUTIVE OFFICER                   1.2.4

Organisational

TITLE:

APPOINTMENT OF ACTING CHIEF EXECUTIVE OFFICER

ADOPTED:

OMC……………………….. – Pages

REVIEWED:

 

ASSOCIATED LEGISLATION:

Local Government Act 1995 section 5.36 (1) & (2) – refers to the appointment of a Chief Executive Officer by a Local Government and the Council being satisfied that the person is suitably qualified for the position.

ASSOCIATED DOCUMENTS:

 

REVIEW RESPONSIBILITY:

Chief Executive Officer

DELEGATION:

Nil

Previous Policy Number: Nil

 

Objective:

 

To allow the proper appointment of an Acting Chief Executive Officer in accordance with the Local Government Act 1995.

 

Definitions:

 

Nil.

 

Policy:

 

The Council recognises that it is imperative for the continued efficient operations of the Shire administration that during periods of absence of the Chief Executive Officer a suitable person can be appointed as the Acting Chief Executive Officer.

 

The Chief Executive Officer will nominate a person who holds a position of Director of the Shire of Broome; all of whom the Council is satisfied, are suitably qualified to act as Chief Executive Officer.

 

In the event that no other Director has been selected, then the permanent Director Development and Community (DDC) is deemed to be the Acting Chief Executive Officer. If DDC becomes unavailable during a period of acting the acting will default to the permanent Director Corporate Services. However, in the event of exceptional circumstances, arrangements for an Acting Chief Executive Officer will be referred to Council.

 

Advice Note:

The Department of Local Government has advised that the selection of an officer for higher duties as Acting Chief Executive Officer is a function of the Chief Executive Officer.


OFFICE OF THE CHIEF EXECUTIVE OFFICER                 1.2.5

Organisational

 

TITLE:

POLICY ON MINING, PETROLEUM AND GEOTHERMAL ENERGY RESOURCE EXTRACTION

ADOPTED:

OMC 17 December 2015 – Page 39-64

REVIEWED:

-

ASSOCIATED LEGISLATION:

Petroleum and Geothermal Energy Resource Act 1967

Mining Act 1978

ASSOCIATED DOCUMENTS:

 

REVIEW RESPONSIBILITY:

Director Development and Community Services

DELEGATION:

 

Previous Policy Number: 1.2.14

 

Background:

 

The Shire of Broome does not approve or regulate mining, petroleum or geothermal energy resource projects, however at times may be requested to provide comment or engage with proponents or the State in this regard. The Policy has been prepared to guide the Shire’s response and position in the event proponents or the State request comment or engagement with the Shire or Council.

 

Objective:

 

·          To support the expansion of industry, and sustainable industry, that helps deliver economic prosperity to its residents, whilst ensuring every effort is undertaken to make sure that the initial assessment as well as compliance and monitoring of any Mining, Petroleum and Geothermal activities carried out are at a level that is compatible with the amenity of the natural and built environment and that of the Shire’s residents.

·          To promote that any activities associated with mining or the extraction of petroleum and geothermal energy resources are to be thoroughly assessed, monitored and managed effectively by the appropriate agencies and to ensure local economic, environmental and social values are enhanced and developed.

·          To provide for the Shire to undertake an advocacy role on behalf of the community when being consulted by the State Government and resource companies with regard to future proposals within the Shire and potential benefit to the community. This advocacy role includes encouraging proponents to be as transparent as possible with the project information.

 

Definitions:

 

Nil

 

Policy:

 

1.1       The Shire of Broome supports the extraction of natural resources including mining and petroleum and geothermal energy resources where:

a.)     Measures are implemented to deliver positive economic benefits to the local economy and programs that would deliver positive outcomes to the community;

b.)     The impacts on Shire Infrastructure are adequately compensated for in the immediate and future life of that infrastructure and that any additional infrastructure required is adequately provided by the proponent;

c.)     Due regard is given to the purpose and objectives of the relevant zone/reserve under Local Planning Scheme No 6 and aims to ensure the proposal is compatible with these and surrounding uses;

d.)     The potential impacts on the public health and drinking water areas have been considered by the relevant authorities and related approvals granted for the activities to be conducted; and

e.)     Environmental and cultural matters have been taken into account by the relevant authorities and related approvals granted for the activities to be conducted.

f.)      Proponents fully disclose environmental and groundwater data to the community. 

 

1.2       The Shire of Broome accepts the process undertaken by the Department of Mines and Petroleum and/or the proponent with respect to consultation with the relevant people directly affected with regards to land use rights and or compensation.

 

1.3       The Shire of Broome accepts the positions and assessment processes of the relevant regulatory bodies including the         Department of Mines and Petroleum, Environmental Protection Authority, Department of Health, Department of Water and Environmental and Regulation, Department of Environment and Energy (Federal), Department of Water, Department of Primary Industries and Regional Development Agriculture and Food and Department of Aboriginal Affairs with regard to the following aspects of the proposals:

 

i).   potential impacts on the public health (as considered in 1.1 d.));

ii).  potential impacts on drinking water areas (as considered in 1.1 d.));

iii).  potential environmental implications have been taken into account and best practice mitigation strategies adopted (as considered in 1.1 e.));

iv). potential impacts upon agricultural land and food production; and

v).  potential impacts on areas of Aboriginal heritage and cultural significance (as considered in 1.1 e.)).

1.4       The Shire of Broome seeks annual presentations from the Department of Mines and Petroleum, including a questions and answer session, on its monitoring and compliance of onshore gas, oil and mining operations in the Shire. There presentations will be open to the public.

 

1.5       The Shire of Broome requests a full environmental impact assessment by the EPA of onshore gas proposals which includes assessment of impacts to surface and groundwater.


OFFICE OF THE CHIEF EXECUTIVE OFFICER                   1.2.6

Organisational

 

TITLE:

CONSULTATION - ABORIGINAL HERITAGE

ADOPTED:

OMC 23 February 2017 – Pages 189 - 219

REVIEWED:

 

ASSOCIATED LEGISLATION:

Aboriginal Heritage Act 1972 (WA)

ASSOCIATED DOCUMENTS:

Policy 3.4.6 – Community Engagement

REVIEW RESPONSIBILITY:

Chief Executive Officer

Director Development Servicesand Community

DELEGATION:

 

Previous Policy Number: 1.2.15

Background:

 

The Shire of Broome undertakes a number of functions which could potentially interact with Aboriginal heritage, this includes:

 

·   Preparation of strategic land use plans or development strategies (Development Strategies);

·   Undertaking of Public Works; and

·   Undertaking development.

 

The Shire of Broome acknowledges the importance of Aboriginal heritage and therefore proposes to have a clear policy to guide the Shire while performing the above functions.

 

Objectives:

 

·   Guide where the Shire will consult with the Aboriginal community to gauge whether a Development Strategy, Public Works or Shire Development proposal may impact upon Aboriginal heritage.

 

·   Establish the process the Shire will follow when a Public Works or Shire Development proposal is to be referred for consultation and how comments received will be considered.

 

·   Detail the requirements for consultation based on the level of interaction with Aboriginal heritage.

 

Definitions:

 

‘Aboriginal Cultural Significance’ means an area that displays aesthetic, historic, scientific, social or spiritual value for past, present or future generations of Aboriginal people.

 

‘Aboriginal Heritage Due Diligence Guidelines’ means the guidelines published by the Department of Premier and Cabinet of WA and amended from time to time.

 

‘Aboriginal Heritage Site’ means a place to which the Aboriginal Heritage Act applies by operation of section 5 of the Aboriginal Heritage Act.  

 

Consultation’ is the open exchange of information between the Shire and the person/s being consulted, to promote awareness of the Shire’s activities and to enable the person/s to have meaningful input in the Shire’s decision-making process.

 

‘DAA’ means the WA Department of Aboriginal Affairs administered by the Minister of Aboriginal Affairs.

 

‘Development Strategy’ means a land use strategy, development strategy or other land use planning document that identifies aspirations for future land use or development for an area/precinct.  Examples of documents that would be considered Development Strategies for the purposes of this definition include:

·   Local Planning Strategy;

·   Old Broome Development Strategy;

·   Chinatown Development Strategy;

·   Tourism Strategy;

·   Recreation Strategies.

‘Government Standard Heritage Agreement’ means the Government Standard Heritage Agreement published by the Department of Premier and Cabinet of WA.

 

Low Discretion Works’ are Public Works or Shire Development in which there is limited discretion available to the Shire as to how or where the works can be carried out (for example, the extension of a footpath, road or drain).

 

Low Ground Disturbance Activity” means any activity that is undertaken on land which has previously been disturbed or an activity that does not involve major or significant ground disturbance, including the following:

 

(a)    field mapping, including cadastral surveys, not involving the permanent disturbance of soil and vegetation;

(b)    sampling, including removing soil, rock and flora samples using hand methods (including hand augering) from the natural surface;

(c)    remote sensing, biological, environmental or conservation surveys, including installing monitoring plots and marker posts;

(d)    establishing temporary lay-down areas, where the establishment of the lay-down area does not require the removal of trees or shrubs and does not require any earthworks in areas which have not previously been disturbed;

(e)    reconnaissance and patrol in light vehicles;

(f)     drilling using hand held rig or rig mounted on 4 wheel vehicle, using existing access and without the construction of new roads and tracks (and where use of the existing roads or tracks involves no disturbance to plant roots);

(g)    digging pitfall traps and temporary trenches for small animals

(h)     baiting and installation of temporary fences and nest boxes;

(i)      collecting and removing loose rocks, firewood, flora or fauna;

(j)      conducting tests for water, site contamination, or other scientific or conservation purposes;

(k)     maintaining and refurbishing existing facilities, including recreation and camping facilities, water points, signs and other structures;

(l)      maintaining existing roads, drains, culverts, bridges, trails, tracks, fence lines and firebreaks;

(m)    erecting signage and barriers using hand and mechanical augers;

(n)     revegetating of degraded areas, including fencing areas of vegetation;

(o)    rehabilitating previously disturbed areas, including ripping, scarifying, matting, brushing, seeding and planting;

(p)    carrying out species recovery programs;

(q)    erosion control activities around existing roads, infrastructure or facilities;

(r)     weed control using hand, mechanical and chemical methods of control;

(s)     any other use of hand-held tools, not referred to in the preceding

         paragraphs;

(t)     the laying of temporary water pipelines across the ground where no excavation is required; and

(u)     electrical works associated with existing infrastructure in previously disturbed areas.

 

Public Work’ has the meaning given in the Public Works Act 1902.

 

‘Section 18 Notice’ means a notice lodged in accordance with section 18 of the Aboriginal Heritage Act 1972 (WA) for consent to use land which may impact an Aboriginal heritage site.

 

‘Shire Development’ means a development, other than public works, that is undertaken by the Shire which involves the carrying out on the land of any excavations or other ground disturbing works.

 

Policy:

1.0   Preparation of Development Strategies

 

While Development Strategies themselves do not propose to undertake works, they do identify future development opportunities or concepts to improve an area.

 

The most important element of undertaking consultation at this stage is to inform the preparation of the Development Strategy and to ensure that an Aboriginal Heritage Site or areas of Aboriginal Cultural Significance are identified and considered.

 

 

1.1     The Shire of Broome (or consultants engaged by the Shire) prior to preparing a Development Strategy will forward details of the land area proposed to be covered by the Development Strategy and a copy of the key objectives to the following organisations:

 

a) Determined Native Title Holders for the area; or

b) Registered Native Title claimants for the area.

 

The Shire will also review any heritage reports previously prepared and that are publicly available for the Development Strategy area.

 

1.2     The Shire will arrange a workshop with representatives of the above organisations, to discuss the project and any Aboriginal Heritage Sites or areas of Aboriginal Cultural Significance that may exist within the area of the Development Strategy.  

 

1.3     In undertaking this consultation, the Shire will request information on:

a) any Aboriginal Heritage Sites;

b) particular areas within the proposed Development Strategy area boundaries that are known to have Aboriginal Cultural Significance; and

c) a description of the significance (if culturally appropriate).

 

The Shire will provide a minimum 30 day period in which the above information can be provided and the workshop is to be held. Following this period, the Shire will progress with the preparation of the Development Strategy.

 

1.4     The outcomes from the consultation (both written and verbal) will be incorporated into the Development Strategy as far as practicable and will identify ways to avoid impacts upon Aboriginal Heritage Sites or areas of Aboriginal Cultural Significance.

 

1.5     As these planning instruments do not involve ground disturbing works or activities, the Shire will not undertake an Aboriginal heritage survey. However, the Shire will review and incorporate any relevant considerations for an identified Aboriginal Heritage Site that may exist in the Development Strategy area.

 

1.6     Following a draft of the Development Strategy being adopted, organisations consulted with in accordance with clause 1.1 of this policy will be forwarded a copy of the draft and invited to provide comments. 

 

1.7     A further opportunity will be provided for a workshop to be held between the Shire and representatives of the organisations mentioned in clause 1.1.

 

1.8     Any comments or submissions received will be tabled as a part of a report seeking the final adoption of the Development Strategy.

 

 

2.0   Shire of Broome Public Works or Shire Development

For the Shire of Broome to be able to deliver services to the community the Shire is required to undertake a number of different Public Works or Shire Development. This could include (but is not limited to) items such as:

 

·   Road construction and maintenance;

·   Installation of drainage;

·   Footpaths and development of public recreation facilities;

·   Bridges;

·   Cemeteries;

·   Redevelopment of Shire owned/managed land or buildings;

·   Quarries or works for procuring stone, earth or any other material required for the construction of a public work.

 

The Crown, the Governor, or the State government may also undertake Public Works including works such as railways, public housing, court houses, provision of water, public schools, etc. 

 

Public Works and Shire Development can have the potential to impact upon Aboriginal Heritage Sites. The provisions below will establish the Shire’s procedure for determining whether a Public Work or Shire development may impact upon Aboriginal Heritage Sites.

 

 

 

2.1     The Shire of Broome will not undertake consultation on behalf of other government authorities or agencies undertaking Public Works. This is the responsibility of the government authority or agency undertaking the works. 

 

2.2     The provisions below apply to the Shire of Broome’s activities only.   

 

2.3     The Shire will not undertake any consultation or notification for activities or works which meet the definition of Low Ground Disturbance Activity. 

 

Concept Phase

 

2.4     For Public Works or Shire Development which is not Low Discretion Works, at the concept design phase of the project the Shire will refer the proposal to:

 

a)  Determined Native Title Holders for the area; or

b)  Registered Native Title claimants for the area,

 

and provide a 30 day period in which comments are to be provided on any Aboriginal Heritage Sites or Aboriginal Heritage Significance that exists within the area. 

 

For any works which are Low Discretion Works, the consultation      will be undertaken in accordance with clause 2.6.

 

2.5     From the comments received the Shire will:

 

a)    If the concept plan has been identified as impacting upon an Aboriginal Heritage Site(s), as far as practicable the concept plan will be amended to avoid impacts upon the Aboriginal Heritage Site(s); and

b)    Subject to design and budgetary considerations, attempt to:

(i)   alter the design of the proposed works or activity to avoid impacts on elements of Aboriginal Cultural Significance that exists within the area of the works or activity; and/or

(ii)  incorporate interpretative or design elements to promote awareness of elements of Aboriginal Cultural Significance that exists within the area of works or activity.

 

Design Phase

 

2.6     If a proposed Public Work or Shire Development which is not a Low Ground Disturbance Activity falls within an Aboriginal Heritage Site,  the Shire of Broome will forward a copy of the proposal to the DAA to enquire if:

 

a) the Public Work or Shire Development proposed will disturb an Aboriginal Heritage Site;

b) whether a Section 18 Notice is required; and

c) who should be consulted prior to the lodgment of the section 18 Notice.

 

2.7     If the DAA advises that the proposed Public Works or Shire Development does fall within the area the subject of an Aboriginal Heritage Site, the Shire of Broome will consult with those persons or organisations advised by the DAA.  

 

2.8     In undertaking this consultation, the Shire will:

 

a)  Forward to the persons or organisations advised by the DAA in accordance with clause 2.7:

(i)  written notification advising of the proposed Public Works or Shire Development;

(ii) details of estimated commencement and completion dates; and

(iii) copies of the designs of the proposed works (if available); and

 

b)  Request that comments be provided within 30 days on whether the proposed works would impact upon any Aboriginal Heritage Sites and if the proposed works could be modified to avoid or minimise impacts upon Aboriginal Heritage Sites. 

 

2.9     If the DAA advises that there is ‘insufficient information’ to determine if the Aboriginal Heritage Act 1972 applies, the Shire of Broome will:

 

a)      forward the information outlined in clause 2.8 a) to any determined native title holders or any registered native title claimant groups; and

 

b)      provide a 30 day period in which any comments are requested to be forwarded to the Shire.

 

Please refer to Attachment No 1 – Public Works or Shire Development Flow Chart which provides a visual representation of the above processes. 

 

 

2.10   For all other land which does not fall within a registered Aboriginal Heritage Site, the Shire of Broome will follow the principles and process set out in the Aboriginal Heritage Due Diligence Guidelines.

 

2.11   If consultation is deemed to be required following a review of the Due Diligence Guidelines, then it will be carried out in accordance with clause 2.6.

 

Please refer to Attachment No 2 – The Aboriginal Heritage Risk Matrix which provides a summary of the risk assessment process provided within the Due Diligence Guidelines.

 

 

2.12   As part of the consultation carried out in accordance with clauses 2.8, 2.9 and 2.11, the Shire will only adjust how it intends to undertake the proposed Public Works or Shire Development if comments are received that the works would impact upon an Aboriginal Heritage Site. Any other comments received that do not relate directly to Aboriginal Heritage Site(s) will be considered as part of any wider community engagement process, if required in accordance with Policy 5.1.10 – Community Engagement.   

 

 

Aboriginal Heritage Monitors

2.13   If the Shire receives comments following consultation under clauses 2.8, 2.9 or 2.11 requesting that a heritage monitor is engaged, the Shire will agree to engage a heritage monitor in the following circumstances:

 

a)  the works are being undertaken in an area which has previously not been subject to ground disturbing activities; and

b)  the comments received following consultation demonstrate reasonable grounds exist to conclude that the presence of a heritage monitor is required to mitigate the risk of harm to Aboriginal heritage;

 

2.14   If doubt exists as to whether the engagement of a heritage monitor is required or regarding the selection of an appropriate heritage monitor for a particular location, then the Shire will seek advice from the DAA.

 

2.15   If:

a)      the Shire engages a heritage monitor in accordance with Clause 2.13; or

b)      consent to proceed with the works granted in accordance with Section 18 of the Aboriginal Heritage Act 1972 is conditioned on a heritage monitor being required while the ground disturbing works are being undertaken,

 

the Shire of Broome adopts the principles contained within the Department of Premier and Cabinet’s Guidelines for the Engagement of Aboriginal Heritage Monitors. 

 

Aboriginal Heritage Surveys

2.16   Aboriginal heritage surveys will be undertaken for proposed Public Works or Shire Development in the following circumstances: 

 

a) A person or an organisation consulted under clauses 2.8, 2.9 or 2.11 can demonstrate that an Aboriginal heritage survey is required to identify an Aboriginal Heritage Site; or

b) Advice is received from the DAA that a survey is required to support the Section 18 Notice application.

 

        Notwithstanding the above, the Shire may decline to undertake an Aboriginal heritage survey if a survey has previously been     prepared for the area or the works.

 

2.17   When undertaking an Aboriginal heritage survey, the Shire adopts the principles contained within the Government Standard Heritage Agreement and will request that the registered Native Title claimants or determined Native Title holders enter into such agreement with the Shire.

 

 

Links:

 

Aboriginal Heritage Inquiry System:

http://www.daa.wa.gov.au/heritage/place-search/

Aboriginal Heritage Due Diligence Guidelines:

http://www.daa.wa.gov.au/globalassets/pdf-files/ddg

Government Standard Heritage Agreement:

https://www.dpc.wa.gov.au/lantu/MediaPublications/Documents/Government%20Standard%20Heritage%20Agreement%20-%20Draft%207%20-%20Master%20Copy%20-%2017%20October%202014.pdf

 

 




OFFICE OF THE CHIEF EXECUTIVE OFFICER                 1.3.1

Human Resources

TITLE:

STAFF PROFESSIONAL DEVELOPMENT, CONFERENCES & STUDY TOURS

ADOPTED:

OMC 28 April 1998 – Page 12

REVIEWED:

OMC 19 December 2000 – Page 29

OMC 9 April 2002 – Page 15

OMC 14 October 2003 – Pages 15 – 17

OMC 19 March 2009 – Pages 26 – 31

OMC 15 March 2012 – Pages 96 – 103

OMC 27 March 2014 – Pages 94 – 99

OMC 17 December 2015 – Pages 110 - 121

ASSOCIATED LEGISLATION:

 

ASSOCIATED DOCUMENTS:

 

REVIEW RESPONSIBILITY:

Chief Executive Officer Manager Human Resources

DELEGATION:

 

Previous Policy Number 1.2.4

PART A

 

Objective:

 

To provide guidance for the attendance of staff and elected members at conferences or on study tours.

 

To encourage and support employees in their professional and career development as part of their employment with the Shire of Broome (the Shire) and to provide administrative guidelines to facilitate fairness and equity in the application of these general principles.

 

Definitions:

 

Nil.

 

Policy:

 

The Shire acknowledges that professional development is an important factor in personal job satisfaction, workplace productivity, reward and recognition, and plays an essential part in continuous improvement of the quality of its programs and services.

 

The Shire is committed to providing a supportive and rewarding environment for its employees and recognises that the quality, responsiveness, and professionalism of its workforce are linked to the further development of their skills and competencies.

 

This commitment will include providing employees with:

 

·    The opportunity to plan and develop skills, knowledge and attributes that complement organisational and service area goals.

 

·    The opportunity to participate in career development activities that extend and enhance their capabilities and capacity for advancement within the organisation.

 

·    The opportunity to attend relevant professional organisation conferences.

 

·    The opportunity to participate in relevant study tours

 

·    Equity of access to professional development opportunities.

 

Professional Development opportunities and requirements are an integral component of the annual Performance Review process. Employees are encouraged as part of the performance review process to take an active role in their own ongoing professional and career development and to apply their learning to its most effective use.

 

PART B

 

Management Procedures

 

1.  Application

 

This Policy and Management Procedure applies to all Shire staff.

 

2. Definitions:

 

For the purposes of the Policy and these Management Procedures:

 

Conference/Professional Development

is defined as an activity conducted by a professional body or legitimate interest group to provide professional interaction and networking designed to improve work related knowledge and skills

Staff

refers to individuals employed by the Shire at officer, managerial and executive management level, including the Chief Executive Officer (CEO)

Continuing Professional Development (CPD)

refers to a process of ensuring continual professional and relevant-skills related development.  Certain professional societies and associations have a formal CPD system, requiring recording of events attended and activities undertaken as evidence of mandatory CPD

 

3.  Eligibility

 

Except where an Employment Contract provides otherwise for a particular staff member, the following eligibility criteria shall apply:-

 

·    All members of staff, other than casuals, employed on a continuing or fixed-term basis are eligible to apply for conference and seminar attendance, provided they have been employed by the Shire for a continuous period of greater than twelve months.

·    Attendance at conferences/seminars should have been identified as a learning and development requirement as part of the annual performance review.

·    Approval shall be withdrawn should a member of staff tender their resignation from the Shire subsequent to approval being granted but prior to the attendance at the Conference / Seminar.

Members of staff who are due to retire from the Shire will not normally be entitled to apply for approval to attend a conference or seminar.

 

Interstate Conferences

 

Attendance at interstate conferences and/or seminars shall be limited to Managers, Directors and the CEO, unless extenuating circumstances apply. 

 

4.       Attendance at State and Federal Professional Conferences

 

4.1     Members of the Senior Staff and Managers are encouraged to attend the Annual State Conference relating to their profession.

 

4.2     Members of the Senior Staff are encouraged to attend bi-annually, the Federal Conference relating to their profession.  (Note:  where the officer’s professional organisation does not convene a State Conference the officer is encouraged to attend the organisations Federal Conference, annually).

 

4.3     The Chief Executive Officer is authorised to approve the attendance of staff at State and Federal Professional Conferences subject to budget and in accordance with the following guidelines:

 

a.      The Chief Executive Officer is to ensure that attendance at the conference will be beneficial to the officer and/or the Council.

b.      The officer is to provide a report on the issues, outcomes, etc. of the conference with recommendations as appropriate and the report is to be submitted to Council through the Information Bulletin.

c.      Senior staff will not be precluded from attending a Federal Conference solely because the conference is to be held overseas at an international location.

d.      If it is considered beneficial for a Councillor or Councillors to accompany the senior staff member to any State or Federal Conference, such attendance is to be at the discretion of the Chief Executive Officer in consultation with the Shire President and will only occur if adequate funds are available.

e.      Budget authority and funding arrangements are to be considered.

 

4.4     Funds for attendance at State and Federal Professional Conferences may be provided in each annual budget under the provision for staff training.

 

2.      Other Conferences

 

2.1    Every year, the Shire President and the Chief Executive Officer are to attend the annual Local Government Managers Australia National Congress or some other interstate conference that can incorporate a visit to Canberra.  This is to enable the Shire President and the Chief Executive Officer to network with Federal Ministers, Members of Parliament and/or Senior Departmental Officers on issues affecting this Council.

 

2.2     Provision may be made on each year’s budget for an appropriate sum to cover Council representation (Councillors and staff) at other conferences (ie. in addition to State and Federal Professional Conferences).  The Chief Executive Officer may approve or decline to approve staff attendance at other conferences and, if attendance involves a Councillor or Councillors, the Chief Executive Officer is to consult with the Shire President.

 

5.       International Conferences

 

Attendance at international conferences and/or seminars shall be limited to Directors and the CEO, unless extenuating circumstances apply.

Any such request for attendance at an international event will require Council approval.  The proposal to Council should include:

·    the proposed participant(s);

·    the objectives for attending the event, including the anticipated quantifiable benefits for the Shire;

·    details of the funds available in the budget to cover the anticipated expenses associated with attendance at the event; and

·    the overall total cost of accommodation, travel, registration, and any other costs associated with the specific conference/seminar.

 

6.       Presentations by Shire Staff at Conferences

 

From time to time Shire staff may be invited to present at a conference/seminar. In such an event staff members must contact the conference/seminar organisers to discuss the monetary contribution that the organisers will make towards the cost of presenting at the conference (including but not limited to travel, accommodation and registration costs). Any attendance by Shire staff for the purposes of presenting at conferences/seminars will require the CEO’s approval prior to any papers of applications etc being submitted for consideration. Any such request will require the submission of a proposal to the CEO which includes:

·    the objectives for attending the event and, including the anticipated quantifiable benefits for the Shire;

·    the proposed participant(s);

·    the presentation topic;

·    details of the monetary contribution that the conference organisers will make;

·    details of the funds available in the budget to cover the anticipated expenses associated with attendance at the event; and

·    the overall total cost of accommodation, travel, registration, and any other costs associated with the specific conference.

 

7.      Annual Study Tours

 

7.1     A study tour is designed to enable Councillors and staff to travel intrastate, interstate and/or overseas to research and study specific issues fronting Council.

 

7.2     Details of study tours are to be arranged in advance so that suitable provision can be made in each year’s budget.  When no details of study tours have been arranged, or arrangements are incomplete, an appropriate amount may be included in the budget to cover the cost of an annual study tour.

 

7.3     The Chief Executive Officer in consultation with the Shire President may approve attendance at study tours subject to budget and in accordance with the following guidelines:

 

7.3.1 The maximum attendance at any study tour is to be two Councillors and two staff

7.3.2 Attendance at a study tour shall only take place where there are appropriate funds provided in the annual budget.

7.3.3 A detailed report including recommendations on each study tour is to be submitted to Council.

7.3.4 Budget authority and funding arrangements are to be considered.

 

8.      Special Provision

 

To provide an opportunity to network with Federal Ministers, Members of Parliament and/or Senior Departmental Officers on issues affecting this Council, the Chief Executive Officer (and the Shire President) are to attend an appropriate interstate conference that can incorporate a visit to Canberra on an annual basis.

 

 


OFFICE OF THE CHIEF EXECUTIVE OFFICER                   1.3.2

Human Resources

TITLE:

STAFF - SENIOR EMPLOYEES

ADOPTED:

OMC 21 December 2004, Pages 20 - 21

REVIEWED:

OMC 19 March 2009 – Pages 26 – 31

OMC 15 March 2012 – Pages 96 – 103

OMC 27 March 2014 – Pages 94 – 99

OMC 17 December 2015 – Pages 110 - 121

ASSOCIATED LEGISLATION:

Local Government Act 1995

ASSOCIATED DOCUMENTS:

 

REVIEW RESPONSIBILITY:

Chief Executive Officer Manager Human Resources

DELEGATION:

 

Previous Policy Number 1.3.2

 

Objective:

 

Section 5.37 of the Local Government Act 1995 states that:

 

1.         A local government may, designate employees or persons belonging to a class of employee to be senior employees.

 

2.         The CEO is to inform the Council of each proposal to employ or dismiss a senior employee, other than a senior employee referred to in section 5.39(1a), and the Council may accept or reject the CEO’s recommendation but if the Council rejects a recommendation, it is to inform the CEO of the reasons for its doing so.

 

3.         Unless subsection (4A) applies, if the position of a senior employee of a local government becomes vacant, it is to be advertised by the local government in the manner prescribed, and the advertisement is to contain such information with respect to the position as is prescribed.

 

Policy:

 

The Shire of Broome designates the following positions as Senior Employees for the purpose of section 5.37

 

·     Chief Executive Officer

·     Deputy Chief Executive Officer

·     Director Corporate Services

·    Director Development and Community Services

·     Director Infrastructure

 

Definitions:

 

N/A

 


OFFICE OF THE CHIEF EXECUTIVE OFFICER                 1.4.1

Media and Promotions

 

TITLE:

MEDIA

ADOPTED:

OMC 28 April 1998 – Page 12

REVIEWED:

OMC 17 October 2000 – Page 11

OMC 25 February 2003 – Pages 12 – 14

OMC 10 May 2007 – Pages 19 - 20

OMC 19 March 2009– Pages 25 - 31

OMC 16 December 2009 – Pages 17 – 18

OMC 15 March 2012 – Pages 96 – 103

OMC 27 March 2014 – Pages 94 – 99

OMC 17 December 2015 – Pages 110 - 121

ASSOCIATED LEGISLATION:

Local Government Act 1995

Local Government (Functions and General) Regulations 1996

ASSOCIATED DOCUMENTS:

Media Release Form

REVIEW RESPONSIBILITY:

Media and Promotions Officer

DELEGATION:

 

Previous Policy Number 1.3.1

 

Part A

 

Objective:

 

To provide a framework for Council and staff when liaising with the media and provide consistency of messages.

 

The objective of all media liaison should be to promote the positive image of the Shire, to provide effective media communication with the community and to provide a mechanism for the role of Council as the ‘entity’ and individual Councillors when requested to make media comment.

 

The Shire aims to provide timely, accurate information to the community through the media and to be open and transparent in its operations.

 

The value of the media to local government cannot be underestimated. This organisation should maintain a good working relationship with journalists and editors and endeavour to address media enquiries promptly.

 

 

Policy:

 

The Shire of Broome (the Shire) and the Council are committed to ensuring that it regularly communicates with the community by providing timely, accurate information through the media with respect to the undertakings and achievements of the organisation.

 

To achieve this objective:

 

·      The Shire will provide regular media releases to all media outlets;

·      Encourage Shire staff to incorporate the use of the media as part of their strategic plans to promote the efforts of their departments and ultimately the Shire of Broome.

 

The Media and Promotions Officer will manage all media liaison to ensure maximum impact, enhanced presentation of photo opportunities, radio and television coverage.

 

Part B

 

Definitions:

 

Media

Means all electronic and print media organisations including:

·      Newspapers

·      Television

·      Radio

·      Magazines

·      Professional Journals

·      Freelance Journalists

·      News Websites

·      Social Media

Media release

Means a document intended for media to inform or promote any aspect or activity of the Shire

 

 

Media Spokesperson

 

In accordance with the Local Government Act 1995 the Shire President is the principal spokesperson for the Shire and Council. The Shire President may choose to delegate the commentary position to a designated staff member or Councillor.

 

Media Releases

 

The principal method for the Shire to notify the media of events and activities is through a written media release. A media release request form is to be completed by staff and co-ordinated through the Media and Promotions Officer.

 

After a media release has been drafted it will proceed through the following approval process:

1.   Relevant officer to check factual components;

2.   Relevant Director to check context;

3.   CEO to check from a potential liability and strategic context;

4.   Shire President to have final approval;

5.   Copies of media releases to be emailed to Councillors for their information; and

6.   Copies of media releases to be emailed to all staff for their information.

 

Media Enquiries

 

The response will depend on the inquiry. The response may be in the form of a formal media statement, supplying quotes via email, an organised media briefing or direct interview by telephone response or in person.

 

Shire Staff

 

On occasion, media representatives may contact Shire staff directly for comment. This is to be discouraged. The Media and Promotions Officer is the sole contact for all media enquiries and is responsible for co-ordinating all media contact.  If media contacts a Shire officer directly, the officer must inform the journalist that it is Shire policy for the journalist to approach the Media and Promotions Officer. 

 

Staff are not authorised to give comments on behalf of the Shire to media unless they are the contact on a media release or have been authorised by the Shire President or Chief Executive Officer.

 

If a staff member is approached to make a personal comment to the media they need to ensure that no connection with the Shire is evident within the interview.  For

example staff expressing a personal view should not be wearing a Shire uniform or be filmed or photographed near a Shire vehicle.

 

Staff members who use social media in their own free time are not permitted to appear to represent views of the Shire or to act as spokesperson on behalf of the Shire.

 

Councillors

 

The Shire President is the principal spokesperson for the Shire and Council as expressed in the Local Government Act 1995. Councillors are not to express a Council view, attitude or stance on any issue without approval from the Shire President.

 

A Councillor’s right to express a personal opinion on any issue of public interest is recognised and it should always be made clear to the journalist that they are expressing a personal opinion.

 

Councillors should advise the Shire President of any comments made to the media to ensure a consistent, co-ordinated approach to media management is maintained at all times.  The Shire President will then inform the Media and Promotions Officer.

 

The Media and Promotions Officer is to keep a record of all media enquiries.

 


OFFICE OF THE CHIEF EXECUTIVE OFFICER                   1.4.2

Media and Promotions

 

TITLE:

 

LOCAL GOVERNMENT ELECTIONS - PROMOTION

ADOPTED:

OCM 28 April 1998 – Page 12

REVIEWED:

OCM 20 June 1999 – Page 15

OCM 17 October 2000 – Page 11

OCM 9 April 2002 – Page 15

OCM 14 October 2003 – Pages 15 – 17

OCM 19 March 2009 – Pages 26 – 31

OMC 15 March 2012 – Pages 96 – 103

OMC 27 March 2014 – Pages 94 – 99

OMC 17 December 2015 – Pages 110 - 121

ASSOCIATED LEGISLATION:

Local Government Act 1995

Local Government (Elections) Regulations 1997

ASSOCIATED DOCUMENTS:

Returning Officer Manual

REVIEW RESPONSIBILITY:

Chief Executive Officer Media and Promotions Officer/Manager Governance

DELEGATION:

 

Previous Policy Number 1.3.2

Objective:

 

·    To provide guidance to the Chief Executive Officer when considering the promotion of Local Government elections;

·    To encourage nominations for Council; and

·    To increase voter turnout at Local Government elections with the aim to advertise earlier and wider than as provided for in the Local Government Elections Regulations.

 

Definitions:

 

Nil

 

Policy:

 

The Chief Executive Officer is authorised, at his discretion, to involve the Broome Shire Council in any electoral promotional advertising campaign including campaigns organised by the Western Australian Electoral Commission, Western Australian Local Government Association or the Department of Local Government, Sport and Cultural Industries and Communities.

 

In addition to any statutory requirements, the Chief Executive Officer will arrange promotion of any election to appear in the edition of the local newspaper issued during the week immediately prior to the election or through other Shire communications channels including media releases, radio advertising, website and Facebook.

 

There shall be no storage or display of candidate election material within the Shire Office.

 


CORPORATE SERVICES                                                   2.1.1

Governance and Administration

TITLE:

LEGISLATIVE COMPLIANCE

ADOPTED:

OMC 26 May 2016 – Pages 162 -177

REVIEWED:

 

ASSOCIATED LEGISLATION:

Local Government (Audit) Regulations 1996

ASSOCIATED DOCUMENTS:

 

REVIEW RESPONSIBILITY:

Chief Executive Officer Manager Governance

DELEGATION:

 

Previous Policy Number: 1.1.11

 

Part A

 

Objective:

 

To ensure that the Shire of Broome complies with legislative requirements.

 

The Shire of Broome and the Council are committed to ensuring integrity and ethics are uppermost for all elected members and staff whilst fulfilling their obligations to ensure compliance with all legislation applying to local government.

 

Background:

 

A fundamental principle of good public administration is that public officials comply with both the letter and the spirit of the law.

 

The Shire of Broome has an obligation to ensure that legislative requirements are complied with. The community and those working at the Shire have a high expectation that the Shire will comply with applicable legislation and that the Shire should take all appropriate measures to ensure that this expectation is met.

 

This policy shall be supported by other documents including operational policies, procedures and processes.

 

Regulation 14 of the Local Government (Audit) Regulations 1996 requires local governments to carry out a compliance audit for the period 1 January to 31 December each year.  The Compliance Audit is structured by the Department of Local Government and Communities (DLGC) and relates to key provisions of the Local Government Act 1995.

 

Regulation 17 of the Local Government (Audit) Regulations 1996 also requires local governments to undertake a review of appropriateness and effectiveness of systems and procedures in relation to legislative compliance at least once every two calendar years and report to the Audit Committee on the results of that review.

 

Policy:

 

Council shall have appropriate processes and structures to ensure that legislative requirements are achievable and are integrated into the everyday running of the Shire. 

 

These processes and structures will aim to:-

 

a)      Develop and maintain a system for identifying the legislation that applies to the Shire’s activities.

 

b)      Assign responsibilities for ensuring that legislation and regulatory obligations are fully addressed.

 

c)      Provide training for relevant staff, Councillors, volunteers and other relevant people regarding the legislative requirements that affect them.

 

d)      Provide people with the resources to identify and remain up-to-date with new legislation.

 

e)      Ensure audits are conducted to guarantee compliance.

 

f)       Establish mechanisms for reporting non-compliance.

 

g)      Review accidents, incidents and other situations where there may have been non-compliance.

 

h)      Review audit reports, incident reports, complaints and other information to assess how the systems of compliance can be improved.

 

Roles and Responsibilities

 

a)      Councillors and Committee Members

 

          Councillors and Committee Members have a responsibility to be aware of and abide by legislation applicable to their role.

 

b)      Senior Management

 

          Senior Management should ensure that directions relating to compliance are clear and unequivocal and that legal requirements which apply to each activity for which they are responsible are identified. 

 

          Senior Management should have systems in place to          ensure that all staff are given the opportunity to be kept       fully informed, briefed and/or undertake training about      key legal requirements relative to their work within the Shire’s financial capacity to do so.

 

c)      Employees        

 

Employees have a duty to seek information regarding legislative requirements applicable to their area of work and to comply with legislation.

 

          Employees shall report through their supervisors to Senior Management any areas of non-compliance that they become aware of.

 

Implementation of Legislation

 

The Shire will have a system in place (legislative compliance procedures) to ensure that when legislation changes steps are taken to ensure that future actions comply with the amended legislation. A Legislative Compliance Procedure has been prepared and is an attachment to this policy.

 

Resources

 

Local Government Act 1995

Local Government (Audit) Regulations 1996

Australian Standard AS3806-2006:  Compliance programs

 

Part B

 

Management Procedures

 

LEGISLATIVE COMPLIANCE PROCEDURES

 

1.       Identifying Current Legislation

 

a.         Electronic Versions of legislation

 

The Shire accesses up to date electronic versions of legislation through the Western Australian State Law Publisher website at www.slp.wa.gov.au

 

          Direct access to this site is provided from the Shire’s networked computers.

 

b.         Hard copy versions of legislation

 

All Councillors, Executive Management are provided with a hard copy version of the        Local Government Act 1995 and associated legislation.

 

          Hard copy versions all include a statement similar to the following:

         

“Current legislation including the Local Government Act and Regulations is available from the State Law Publisher website.

To ensure that you are referencing the most recent versions of the Act and Regulations, it is essential that you access the State Law Publisher website using the following link:

http://www.slp.wa.gov.au/legislation/statutes.nsf/default.html

 

2.       Identifying New or Amended Legislation

 

a.      Western Australian Government Gazette

 

The Shire of Broome provides website access for staff to the Government Gazette via the State Law Publisher website.

 

b.      Department of Local Government and Communities

 

The Shire receives regular circulars from the Department of Local Government and Communities on any new or amended legislation. Such advice is received and processed through the Shire’s Records Department and is distributed to the relevant staff.

 

c.      Department of Planning

 

The Shire receives Planning Bulletins from the Department of Planning regarding any new or amended legislation.  Such advice is received and processed through the Shire’s Records Department and is distributed by the Records staff to the relevant Council officers for implementation.

Australian Local Governments Association (ALGA)

 

The Shire receives regular issues of the ALGA News.  Such information is received and processed through the Shire’s Records Department and distributed by Records staff to the relevant Council officers for information.

 

d.      Western Australian Local Government Association (WALGA)

 

The Shire receives regular issues of the Local Government News from WALGA.  Such information is received and processed through the Shire’s Records Department and distributed by Records staff to the relevant Council officers for information.

 

3.       Obtaining Advice on Legislative Provisions

 

The Shire will obtain advice on matters of legislation and compliance where necessary. Contact can be made with the DCLG, WALGA or the relevant initiating government department for advice.

 

4.       Informing Council of Legislative Changes

 

If appropriate, the Chief Executive Officer will, on receipt of advice of legislative amendments, advise the Council on new or amended legislation.

 

The Shire’s format for all reports to Council meetings provides that all reports have headings “Statutory Environment” and “Policy Implications” which shall detail the current sections of any Act, Regulation or other legislation and any current Policy that is relevant to the report before Council.

 

5.       Review of Incidents and Complaints of Non-compliance

The Shire shall review all incidents and complaints of non-compliance in accordance with Council Policy 1.2.6 – Complaint Resolution, the Shire of Broome Code of Conduct and where applicable the Shire of Broome Public Interest Disclosure Procedure.

 

Such reviews will assess compliance with legislation, standards, policies and procedures that are applicable.

 

6.       Reporting of Non-compliance

 

All instances of non-compliance shall be reported immediately to the relevant Manager/Director.  The Manager/Director shall determine the appropriate response and, if necessary, report the matter to the Chief Executive Officer

 

The Chief Executive Officer may investigate any reports of significant non-compliance and if necessary report the non-compliance to the Council and/or the Department of Local Government and Communities.

 

The Chief Executive Officer will then take the necessary steps to improve compliance systems.

 

Review

 

In accordance with Policy 1.2.1, this policy is to be reviewed at least every two years following the Ordinary local government election.

 


CORPORATE SERVICES                                                2.1.4

Governance and Administration

 

TITLE:

RISK MANAGEMENT

ADOPTED:

OMC 28 October 2010 – Page 60 - 63

REVIEW DATE:

OMC 15 March 2012 – Pages 96 – 103

OMC 27 March 2014 – Pages 94 – 99

OMC 17 December 2015 – Pages 110 - 121

ASSOCIATED LEGISLATION:

Occupational Safety and Health Act WA 1984

 

ASSOCIATED DOCUMENTS:

Risk Management Strategy and Risk Management Framework

AS/NZS 31000:2009 – Australian Standard for Risk Management.

REVIEW RESPONSIBILITY:

Chief Executive Officer Manager Governance/Manager Human Resources

DELEGATION:

 

Previous Policy Number 1.2.11

 

Part A

                                                                                

Introduction:

The Shire of Broome recognises that as a local government authority it is exposed to a broad range of risks, which if not managed, could adversely impact on the organisation achieving its strategic objectives.  Therefore the Shire will implement an enterprise-wide risk management framework and system to identify and address areas of potential risk, where appropriate and practical, within the Shire.

 

The intent of this policy is to create an environment where Council, management and staff assume responsibility for risk management, through consistent risk management practices.

 

Objective:

1.   To protect the Shire of Broome’s assets – people, property, reputation, financial sustainability and information.

2.   Promote Risk Management principles and practices as a tool to achieve the Shire’s strategic goals.

3.   Capitalise on opportunities presented and minimise adverse effects of risks.

4.   Continually improve the services provided by the Shire of Broome.

 

Policy:

1.   The Shire of Broome is committed at all levels to managing risk in accordance with the principles, framework and guidelines as detailed in the AS/NZS Risk Management Standard; 31000:2009.

2.   The Shire will implement a Risk Management system, via a comprehensively planned and consistent enterprise-wide program and approach.

3.   The Shire will prioritise identified Strategic, Operational and Project-based risks across the organisation and implement treatments, as practicable, based on the level of risk and the effectiveness of the current risk treatments.

4.   Ensure Risk Management processes are integrated with current strategic and operational planning processes.

5.   Ensure relevant contexts are considered when managing risk, including legislation, political, social and economic factors.

6.   Create and promote a culture of risk awareness and ensure adequate resources and operational capacity are provided and the responsibility for Risk Management is clarified and allocated.

7.   The Shire of Broome will follow the process as suggested in the AS/NZS 31000:2009 standard for Risk Management when implementing a risk management framework.

 

Part B

 

Management Procedures

 

Definitions:

 

For the purpose of the Policy the following definitions apply:

 

Risk

The effect of uncertainty on objectives.  An ‘effect’ is a deviation from the expected (either positive or negative).  Objectives can have different aspects (such as financial, health and safety and environmental) and can be strategic, organisation-wide, project based or procedural.  Risk is often characterised by reference to potential events and consequences or a combination of these.  Risk is often expressed in terms of a combination of the consequences of an event (including changes in circumstances) and the associated likelihood of occurrence.

Risk Management

Coordinated activities to direct and control an organisation with regard to risk, which may include a policy (outlining the overall intentions and direction of an organisation related to risk management), and a framework - a set of components that provide the foundations and organisational arrangements for designing, implementing monitoring, reviewing and continually improving risk management throughout the organisation.  (Refer ISO Guide 73: 2009 - AS/NZS 31000: 2009 - Risk Management Standard).

 

 

Responsibility/Accountability:

Risk Management is the responsibility of all employees. All employees are accountable for managing risk in their own area of responsibility and will play a part in the risk management process to differing degrees.

After risk management training is implemented across the organisation, all staff are required to comply with Risk Management principles, framework and practices.

Executive Management Group will create a risk aware environment where managers are accountable for managing risks within their work areas.  In each area, risks should be anticipated and reasonable proactive protective measures / risk treatments should be taken.

Management and supervisory staff will create a work environment for staff which encourages openness and honesty ensures there is no hesitation of reporting identified risks or escalations of risks, for fear of recrimination.

 

Monitoring, Reviewing and Reporting:

A monitoring and reporting process / system will be has been implemented which will provides 6 monthly reports to the Executive Management Group, Middle Management Coordination Group, Audit Committee and Council on the status of Risk Management within the Shire of Broome. and which will identify the need for specific areas for review.

 

Policy Accountability and Review

The CEO is accountable for this policy.

 

This policy is to be reviewed every two years.


CORPORATE SERVICES                                      2.1.5

Governance and Administration

 

TITLE:

FLAGS  - FLYING AND HALF MASTING

ADOPTED:

OMC 1 December 2005 - Pages 27 - 28

REVIEWED:

OMC 19 March 2009 – Pages 26 – 31

OMC 15 March 2012 – Pages 96 – 103

OMC 27 March 2014 – Pages 94 – 99

OMC 17 December 2015 – Pages 110 - 121

ASSOCIATED LEGISLATION:

 

ASSOCIATED DOCUMENTS:

Australian Flags Booklet

REVIEW RESPONSIBILITY:

Chief Executive Officer Manager Governance

DELEGATION:

 

Previous Policy Number – 1.2.3

 

PART A

 

Objective:

 

To provide protocol on flying of flags at the Shire of Broome Administration Office.

 

Policy:

 

The Shire of Broome is committed to ensuring that:-

 

·    the Australian National Flag is displayed in a manner befitting the national emblem.

·    appropriate flags are flown to recognise significant events or the passing of prominent community members, councillors or staff.

 

PART B

 

Management Procedures

 

Definitions:

 

Nil.

 

Flying the Flag

 

In accordance with Australian flag flying protocols, the Australian National Flag should be displayed in a manner befitting the national emblem. It should not be subjected to indignity or displayed in a position inferior to any other flag or ensign. The Flag normally takes precedence over all other national flags when flown in Australia. It should always be flown aloft and free and should not be allowed to fall or lie upon the ground.

 

The Australian flag may only be displayed at night if illuminated.

 

The Shire of Broome Administration Office has the capacity to fly three (3) flags at any one time.  As such, and in accordance with protocols, the Australian flag should: be flown on the left as viewed by a person facing the flag.

 

·    when flown alone, be on the centre flag pole

·    when flown with other flags, be on the left as viewed by a person facing the flag.

 

Responsibility for Flying Flags

 

Customer Service Officers are responsible for raising and lowering the flag in the morning and evening.

 

Half-Masting of the Flag

 

When to Half-Mast the Flag

 

The Shire of Broome will observe federal and state instruction with regard to half masting the Australian flag on days of significance or in remembrance of persons or events.

 

In addition to this, the Shire of Broome will half-mast the Australian flag to recognise the death of current or former Councillors and current employees of the Shire of Broome, on the day of their funeral.

 

The Chief Executive Officer is authorised to make the final determination with respect to half-masting the flag for local circumstances.


 

Half-Masting of the Flag

 

The Shire of Broome will observe federal and state instruction with regard to half masting the Australian flag on days of significance or in remembrance of persons or events.

 

In addition to this, the Shire of Broome will half-mast the Australian flag to recognise the death of current or former Councillors and current employees of the Shire of Broome, on the day of their funeral.

 

The image to the left shows the correct position for the flag to be when flown at half-mast.

 

It should be noted that when the Australian Flag is half-masted no other flag shall be flown higher than it (all other flags must be half-masted or not flown at all).

 

 

 

 

 

 

 

 

 

 

 

 


OFFICE OF THE CHIEF EXECUTIVE OFFICER                 2.1.6

Governance and Administration

 

TITLE:

COMPLAINT RESOLUTION

ADOPTED:

OMC 21 November 2000 – Pages 21 - 29

REVIEWED:

OMC 16 October 2001 – Pages 17 – 20

OMC 10 June 2003 – Pages 21 – 24

OMC 27 March 2014 – Pages 94 – 99

OMC 17 December 2015 – Pages 110 - 121

ASSOCIATED LEGISLATION:

 

ASSOCIATED DOCUMENTS:

Shire of Broome Code of Conduct for Elected Members & Staff

Customer Service Charter

REVIEW RESPONSIBILITY:

Chief Executive Officer Manager Governance

DELEGATION:

 

Previous Policy Number 1.2.6

 

Part A

 

Objective:

 

The Shire of Broome recognises the value of complaints as an important tool in monitoring and responding to customer expectation. Our objective is to streamline the processing of complaints in order to improve the Shire of Broome’s services and resolve grievances in an efficient and timely manner.

 

Policy:

 

The Shire of Broome is committed to the fair and efficient resolution of complaints to ensure quality customer service and the continual enhancement of our services. Accordingly, this Policy is intended to resolve most complaints at the initial point of contact where possible.  

 

Part B

 

Management Procedures

 

Definitions:

 

Complaint

An expression of dissatisfaction, however made, about the standards of service provided, or an action or inaction by the Shire of Broome or its Employees, Agents or Elected Members.  It is not a service request.

Service Request

A persons request or demand, however made, for a service to be provided or an action to be undertaken by the Shire of Broome as part of its normal operations.

 

For the purpose of processing and recording it is important to recognise a complaint as differentiated from a service request.

 

A complaint may be about:

(i)    The standard or quality of a Shire service, product, action or lack of action.

(ii)    Inappropriate behaviour of employees, agents or Elected Members.

(iii)   Confusing or incorrectly advertised information.

 

A complaint is not:

(i)    A first request for action or service (e.g. to slash a verge, to repair a footpath, the reporting of a nuisance dog)

(ii)    A request for information or explanation of Council decisions, practices or procedures made in accordance with due process.

(iii)   A request for action or service which is outside the Shire’s jurisdiction or provided by other agencies.

 

Lodgement of a Complaint

 

Complaints can be made;

a)  In writing, including via fax and email. Emails are to be directed to the generic shire address: shire@broome.wa.gov.au

b)  Via the shire website

c)  In person, by completing customer feedback form

d)  By telephone. Complainants should be encouraged to lodge their complaint in writing, however if they insist on lodging the complaint verbally, it must be recorded by the employee upon receiving the complaint and the complainant must provide their name and contact details in order to take appropriate action to resolve the issue.

 

All complaints must be recorded by the officer receiving the complaint at the first point of contact.

 

Front line staff are responsible for receiving, registering and ensuring the resolution of all straight forward, minor complaints as speedily as possible. Where there is no cost or liability, they have the authority to resolve problems on the spot, and should endeavour to do so. If required the receiving officer may refer complaints directly to an appropriate technical officer for resolution.

 

The majority of complaints can be resolved immediately by acknowledging the customer’s dissatisfaction, making an apology where appropriate, and taking corrective action.

 

It is important that all complaints are recorded, even if the complaint is resolved at the initial contact. In this case it should be clearly noted on the customer feedback form that a resolution has been reached.

 

Complaints made to Councillors

 

Complaints are often made directly to Councillors rather than to Shire staff. Councillors are requested to:

·      Ask the complainant if they have previously made the complaint to Shire staff. If not, Councillors should advise them to contact Shire customer service staff so that the complaint may be addressed; or

·      Lodge the complaint on behalf of the customer.

Upon request, the Councillor may be advised of the resolution.

 

Anonymous Complaints

 

No action will be taken when a complainant declines to provide their name and/or contact details.

 

The following guidelines must be followed for anonymous complaints:

a)  An anonymous complaint must be recorded;

b)  Anonymous complaints will be reviewed to determine if the complaint will be investigated further. Anonymous complaints that must be investigated include:

(i)    The matter being brought to the attention of the Shire of Broome is in breach of statutory provisions or the Shire’s Code of Conduct; or

(ii)   The matter could be considered life threatening, a “serious risk”, or create a health hazard or has a legal or financial implication for the Shire.

 

Complaints that will not be considered

 

A complaint will not be considered if the Chief Executive Officer considers the complaint to contain offensive language or be discriminatory in nature.  The complainant will be advised accordingly.

 

Withdrawal of a Complaint

 

A complaint may be withdrawn at any time. Complaints that warrant investigation may be pursued even though the complaint has been withdrawn.

 

Investigation and Referral

 

Where the complaint cannot be resolved at the initial contact the complaint will be referred to the appropriate officer for investigation.

 

The complaint may be referred to a relevant Manager or Director when:

a)  The complaint is outside the authority or area of expertise of the receiving officer;

b)  The officer is unable to reach a resolution;

c)  The customer remains dissatisfied;

d)  The nature of the complaint warrants higher authority.

 

Employees responsible at each level are to ensure that complainants are advised of the progress of their complaint:

a)  All complainants will be provided with an initial reply or acknowledgement, detailing likely action, within five working days of receipt;

b)  If the complaint is referred to a second or third Level employee for further investigation, the complainant will be advised within two working days of the referral;

c)  All complainants are to be informed of action taken (and/or progress) within ten working days of receipt of the original complaint; and

d)  If the complaint requires extended investigation, the complainant is to be advised and kept informed of progress at least every ten working days.

 

Resolution

 

In many cases an apology is sufficient to resolve the complaint. The apology may be written or verbal and the type of apology issued depends on the situation and nature of the complaint.

 

If investigation of the complaint reveals that there is a problem with Shire procedures or service provided by the Shire corrective action should be taken to ensure the issue does not reoccur.

 

The complainant will be notified of the resolution either verbally or in writing, depending on the nature of the complaint.

 

The resolution of the complaint must be recorded including details of any corrective action taken and communication with the complainant.

 

Unresolved Complaints

 

The majority of complaints will be resolved within the above procedure; however the Shire of Broome may not be able to satisfy every customer on every occasion.

Sometimes Local Government has to make difficult and complex decisions involving many people and individual customers may not get the outcome they want.

If a complaint remains unresolved or a customer is dissatisfied with the process of complaint resolution, other avenues remain for the customer to explore, which include:

·      Make a written request for a review of the complaint at a more senior level.

·      The Ombudsman of Western Australia is an independent officer of the Parliament who investigates complaints about state government departments, most statutory authorities and local government. The Ombudsman can be contacted at:

Level 2, Albert Facey House, 469 Wellington Street, Perth WA 6000.

Ph (08) 9220 7555

·      Other legal advice or remedy

 

Whilst a customer is entitled to refer a complaint directly to these bodies at any time, customers are encouraged to allow the Shire of Broome to investigate the complaint first.

 


CORPORATE SERVICES                                                   2.2.1

Financial Services

 

TITLE:

INTERNAL CONTROL

ADOPTED:

OMC 2 June 2015 – Pages 104 – 109

OMC 17 December 2015 – Pages 110 – 121

REVIEWED:

OMC 17 December 2015 – Pages 110 – 121

ASSOCIATED LEGISLATION:

Local Government (Financial Management) Regulations 1996 – Regulation 5

Local Government (Audit) Regulations 1996 – Regulation 17

ASSOCIATED DOCUMENTS:

Policy 1.2.11 Risk Management

Section 7 – Internal Control Framework Western Australian Local Government Accounting Manual Edition 3 – September 2012

Risk Profiles

REVIEW RESPONSIBILITY:

Chief Executive OfficerManager Financial Services

DELEGATION:

 

Previous Policy Number 1.1.10

PART A

 

Introduction:

 

This policy provides documented evidence of Council’s commitment to appropriate and effective internal controls and their importance to the organisation.

 

This policy provides a framework for the establishment of documented internal controls that are implemented based on risk management policies and principles. Internal control covers areas such as governance, strategic management, business development, project management and finance.

 

The purpose of this policy is to assist Council in carrying out its activities in an efficient and effective manner in order to achieve its strategic objectives, to ensure compliance to legislation and adherence to policies, to safeguard the Council's assets, and to secure (as far as possible) the accuracy and reliability of Council financial records.

 

The policy will assist the organisation in addressing the risk of material misstatement of financial information, fraud and corruption, misappropriation of funds and loss of physical assets and ensure that Council meets its obligation under the Local Government Act 1995, associated Regulations and other legislation.

 

Objective:

 

1.  To implement a risk-based approach to addressing and reducing the risk of loss caused by fraud, error or misstatement.

 

2.  To protect the Shire of Broome’s assets – people, property, reputation, financial sustainability and information.

 

3.  Continually audit, identify system gaps and improve internal controls maintained at the Shire of Broome.

 

4.  To ensure propriety of transactions, information integrity, compliance with regulations and achievement of Council objectives.

 

Definitions:

 

Internal Control

 

Systems of policies and procedures that safeguard assets, ensure accurate and reliable financial reporting, promote compliance with laws and regulations and achieve effective and efficient operations. These systems not only relate to accounting and reporting but also include communication and organisational processes both internally and externally, staff management and error handling.[1]

 

Policy:

 

Council is committed to a culture that emphasises integrity, ethical values and competence.

 

The Council is responsible for mandating that a strong internal control framework be implemented to ensure Council objectives are achieved efficiently and effectively and that good governance is present in the organisation. The Chief Executive Officer is responsible for developing and maintaining an internal control framework and will report regularly to the Audit Committee and Council on the review and improvement to Council’s internal control framework.

 

An appropriate and effective internal control framework is the responsibility of all employees. All employees are accountable for documenting and implementing systems, controls, processes and procedures in their own area of responsibility and will play a part in the internal control framework in differing degrees.

 

The Audit Committee and Council are responsible for mandating that a strong internal control framework be implemented in order to have assurance of the good governance of the organisation. The Chief Executive Officer will report regularly to the Audit Committee and Council on the review and improvement to Council’s internal control framework.

PART B

Elements of an Internal Control Framework:

The essential elements and examples of an effective internal control framework includes:

1.  Control environment

·    Structure and culture of Council

·    Senior management compliance

·    Proper tone at the top

2.  Risk Assessment

·   Risk identification and evaluation

·   Assessment of impact and likelihood

·   Implementing safeguards to treat risks

3.  Control activities

·   Delegations of Authority

·   Policies and procedures

·   Trained and properly qualified staff

4.  Information and communication

·   IT controls

·   Liaising with auditors and legal advisors

·    Consultation and organisational communication

5.  Monitoring

·   Review process e.g. internal audits

·   Self-assessment and continuous improvement

·   Evaluation and reporting

Monitoring, Reviewing and Reporting:

A monitoring and reporting process/system will be implemented which will provide biannual reports to management, the Audit Committee and Council on the status of Risk Management, Internal Controls and Legislative Compliance within the Shire of Broome and which will identify the need for specific areas for review.

 

In line with Regulation 17 of the Local Government (Audit) Regulations 1996, the Chief Executive Officer is required to report on a review of the above three areas biennially. This is in addition to the four yearly review required by Regulation 5(2)(c) of the Local Government (Financial Management) Regulations 1996 which also includes a review of Council’s financial internal controls.

Policy Accountability and Review

The Chief Executive Officer is accountable for this policy.

 

This policy is to be reviewed every two years. The Council may alter this policy or substitute a new policy at any time.


CORPORATE SERVICES                                                2.2.2

Financial Services

 

TITLE:

MATERIALITY IN FINANCIAL REPORTING

ADOPTED:

OMC 7 June 2007 – Pages 130 - 132

REVIEWED:

OMC 19 March 2009 – Pages 26 – 31

SMC 30 July 2009 – Pages 37 – 39

SMC 30 July 2010 – Pages 36 – 39

SMC 17 August 2011 – Pages 37 – 40

OMC 15 March 2012 – Pages 96 – 103

OMC 9 August 2012 –Pages 104 – 107

SMC 28 August 2013 – Pages 45 – 48

SMC 27 June 2014 – Pages 43 – 46

SMC 13 August 2015 – Pages 53 – 58

OMC 17 December 2015 – Pages 110 - 121

ASSOCIATED LEGISLATION:

Local Government (Financial Management) Regulations 1996 – Regulation 34(5).

ASSOCIATED DOCUMENTS:

Australian Accounting Standards Board (AASB) 1031

REVIEW RESPONSIBILITY:

Manager Financial Services

DELEGATION:

 

Previous Policy Number 2.1.1

 

Objective:

 

1.   To give application to Australian Accounting Standards Board standard (AASB 1031) on materiality in financial reporting.

2.   To comply with regulation 34(5) of the Local Government (Financial Management) Regulations 1996 (FMR).

3.   To clarify the Council’s view on the tolerable threshold of material variances and to limit the volume of variance reporting to significant information.

 

Definitions:

 

Materiality -   Information is material if its omission, misstatement or non-disclosure has the potential, individually or collectively, to;

 

a)  Influence the economic decisions of users taken on the basis of the financial statements; or

b)  Affect the discharge of accountability by the management or governing body of the entity.

(AASB 1031 Materiality)

 

Business Unit -     A key service function that is a sub group of Program activity.

 

Program -                Statutory classification of local government activity programs including Governance; General Purpose Funding; Law, Order & Public Safety; Health; Education & Welfare; Housing; Community Amenities; Recreation & Culture; Transport; Economic Services; Other Property & Services.

 

Nature & Type -      Statutory classification of revenues and expenditures including Rates; Grants & Subsidies; Contributions, Reimbursements & Donations;  Profit on Asset Disposal; Fees & Charges; Interest Earnings; Other Revenue; Employee Costs; Materials & Contracts; Utilities (e.g. gas, electricity, water, phone); Depreciation; Loss on Asset Disposal; Interest Expense; Insurance; Other expenditure.

 

Asset Class -            Assets that are Land and Buildings, Infrastructure, Plant and Equipment, and Furniture and Equipment.

 

Operating –             For the purpose of this policy statement, operating revenues and expenditures are considered as recurrent items transacted in the normal course of on-going business operations.

 

Capital  -                 Revenue or expenditure relating to new, upgrade or the renewal of existing assets.

 

Policy:

 

Monthly Statement of Financial Activity

 

Disclosure and supply of appropriate explanations for variances presented in the Statement of Financial Activity is mandatory under FMR 34(2)(b).

 

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. The following thresholds are to be used to report and provide an explanation for to Council:

 

1.   10% with a minimum of $20,000 of the summarised revenue and expenditure by Program, Business Unit, Nature and Type or Asset Class reporting.

 

2.   A forecast total deficit position exceeding 1% of Operating Revenue.

 

3.    A statement of materiality shall be included in the monthly financial activity statements to Council defining the appropriate base for variation analysis.

 

Management Reporting and Budget Reviews

 

The Shire currently produces monthly reporting to senior management and responsible officers to provide timely, relevant and accurate financial information to inform report users of the performance and progress by individual budget line item detail.

 

The Shire also undertakes a quarterly budget review (Finance and Costing Review FACR) over and above the requirements to undertake a mid year budget review as per FMR 33A(1).

 

The Executive Management Group and the Shire’s Responsible Officers Group are required to report and provide explanations should YTD actual vary to YTD budget figures against the following thresholds:

 

1.   $10,000 for an operating revenue and expenditure account or job line item.

 

2.   $20,000 for a capital revenue and expenditure account or job line item.

 

Risk Management and Action Plan

 

Council and Shire management is required to assess reported material variances and associated explanations in accordance with Council’s risk matrix. The materiality thresholds in this policy have been set after analysing the following key risks of the occurrence of material variances:

 

1)   HIGH - Material variances greater than 10% of the summarised revenue and expenditure by Program, Business Unit, Nature and Type or Asset Class are likely to occur at least once a year.

 

2)   HIGH – Material variances greater than $10,000 for operating and $20,000 for capital account/job line items are likely to occur at least once a year.

 

3)   EXTREME – Material variances greater than a forecast deficit of 1% of Operating Revenue are likely to occur at least once a year.

 

Management have set internal thresholds at 50% of the full materiality thresholds to act as an early warning system for investigation to mitigate the above risks. Additionally, staff are to immediately formulate an action plan to remedy the position, once a material variance has been identified, reported and an explanation is provided.

 

APPENDIX A – RISK MATRIX

 

Almost Certain

H

H

E

E

E

Likely

M

H

H

E

E

Possible

L

M

H

E

E

Unlikely

L

L

M

H

E

Rare

L

L

M

H

H

Likelihood

Insignificant

Minor

Moderate

Major

Catastrophic

and Impact

Legend

Remedial Outcome

E

Extreme Risk - Immediate intervention required

H

High Risk - Director or CEO must be informed and aware

M

Management responsibility to monitor

 

 

 

L

Operationally address

Frequency

Likelihood of Incident Occuring

Almost Certain

Expected to occur in most circumstances

More than once per year

Likely

Will probably occur in most circumstances

At lease once per year

Possible

Should occur at some time

At least once in three years

Unlikely

Could occur at some time

At least once in ten years

Rare

May occur, only in exceptional circumstances

Less than once in fifteen years

 

Level

Description

Financial Impact

Health

Reputation

Operation

1

Insignificant

Less than $1,000

No injuries

Unsubstantiated, low impact, low profile or no news item

Little impact

2

Low

$1,000 to $10,000

First aid treatment

Substantiated, low impact, low media profile

Inconvenient delays

3

Medium

$10,000 to $50,000

Medical treatment

Substantiated, public embarrassment, moderate impact, moderate media profile

Significant delays to major deliverables

4

High

$50,000 to $150,000

Death or extensive injuries

Substantiated, public embarrassment, high impac media profile, third party actions

Non achievement of major deliverables.

5

Extreme

More than $150,000

Multiple deaths or severe permanent disablements

Substantiated, public embarrassment, very high multiple impacts, high widespread multiple media interactivity, third party action.

Non achievement of key objectives.

 

Appendix A – AASB 1031 Materiality

 


CORPORATE SERVICES                                                2.2.3

Financial Services

 

TITLE:

INVESTMENT OF SURPLUS FUNDS

ADOPTED:

OMC 6 October 2005 - Pages 75 – 76

REVIEWED:

OMC 15 March 2012 – Pages 96 – 103

OMC 14 June 2012 – Pages 140 – 142

OMC 27 March 2014 – Pages 94 – 99

OMC 2 June 2015 – Pages 104 – 109

OMC 17 December 2015 – Pages 110 - 121

ASSOCIATED LEGISLATION:

Local Government Act 1995

Local Government (Financial Management) Regulations 1996

Trustees Act 1962

Australian Accounting Standards

ASSOCIATED DOCUMENTS:

Issue Credit Rating Definitions (attached)

Shire of Broome Business Operating Procedure 2.1.5 Signatories – Bank Transactions and Payment Processing

REVIEW RESPONSIBILITY:

Manager Financial Services

DELEGATION:

LGA 19 Investment of Surplus Funds

Previous Policy Number – 2.1.2

 

Objective:

 

To invest Council’s surplus funds in a prudent manner, with consideration of risk and at the most favourable rate of interest available to it at the time, for that investment type, while ensuring that its liquidity requirements are being met.

 

While exercising the power to invest, consideration is to be given in preservation of capital, liquidity, and the return of investment.

 

·   Preservation of capital is the principal objective of the investment portfolio. Investments are to be performed in a manner that seeks to ensure security and safeguarding the investment portfolio. This includes managing credit and interest rate risk within identified thresholds and parameters.

 

·   The investment portfolio will ensure there is sufficient liquidity to meet all reasonably anticipated cash flow requirements, as and when they fall due, without incurring significant costs due to the unanticipated sale of an investment.

 

·  The investment is expected to achieve a predetermined market average rate of return that takes into account the Council’s risk tolerance. Any additional return target set by Council will also consider the risk limitation and prudent investment principles.

 

Delegation of Authority:

 

Authority for implementation of the Investment Policy is delegated by Council to the Chief Executive Officer (CEO) in accordance with the Local Government Act 1995. The CEO may in turn delegate the day-today management of Council’s Investment to senior staff subject to regular reviews.

 

Prudent Person Standard:

 

The investment will be managed with the care, diligence and skill that a prudent person would exercise. Officers are to manage the investment portfolios to safeguard the portfolios in accordance with the spirit of this Investment Policy, and not for speculative purposes.

 

Policy:

 

Council and staff have an obligation to ensure that surplus funds are invested in a responsible manner.

 

Council is required to have in place a current set of policies and internal control procedures that satisfy the responsibilities under Section 6.14 of the Local Government Act 1995, Part III of the Trustees Act 1962 (as amended) and Regulation 19C of the Local Government (Financial Management) Regulations 1996.

 

Council will adopt a conservative investment approach to ensure investment capital is preserved and funds are always available in the short term.  Council and delegated officers have a fiduciary duty under the Local Government Act 1995, therefore risks must be kept to an acceptable minimum, particularly credit risk.

 

Reporting and Review

 

A monthly report will be provided to Council in support of the monthly statement of financial activity. The report will detail the investment portfolio in terms of performance, percentage exposure of total portfolio, maturity date and changes in market value.

 

Regulation 19C

 

The Chief Executive Officer and delegated officers are authorised to invest surplus funds within the authorised investment parameters and regulation 19C of the Local Government (Financial Management) Regulations 1996.

 

1.       Authorised Investments

 

          1.1     Cash/ Bank Deposits

 

            (a)   Deposits with an authorised deposit-taking institution as defined in the Banking Act 1959 (Commonwealth) section 5; or

 

                        (b)       The Western Australian Treasury Corporation established by the Western Australian Treasury Corporation Act 1986;

 

             1.2      Restrictions

 

                        Council may not:

                        (a)       Council must not dDeposit with an institution that is not an authorised institution;

 

                        (b)       Deposit for a fixed term more than 12 months;

 

                        (c)       Not invest iIn bonds that are not guaranteed by the Commonwealth Government, or a State or Territory Government;

 

                        (d)       Not invest iIn bonds with a term to maturity of more than 3 years;

 

                        (e)       Not invest iIn foreign currency.

 

                       


CORPORATE SERVICES                                      2.2.4

Financial Services

TITLE:

RATING POLICY

ADOPTED:

OMC 31 March 2016 – Pages 149 - 158

REVIEWED:

 

ASSOCIATED LEGISLATION:

Local Government Act 1995

Sections 6.28, 6.31, 6.32, 6.33 and 6.47

ASSOCIATED DOCUMENTS:

 

REVIEW RESPONSIBILITY:

Manager Financial Services

DELEGATION:

 

Previous Policy Number: 2.1.7

PART A

Objective:

To apply the rating principles set out within the Local Government Act 1995 (LGA) and guide the decision-making on the purpose for which the land is held or used while ensuring the following principles are observed:

•     Objectivity – the use of land should be reviewed and determined based on an objective assessment of relevant criteria. External parties should be able to understand how and why a particular determination was made.

•     Fairness and Equity – each property should make a fair contribution to rates based on a method of valuation that appropriately reflects it’s use.

•     Consistency – Rating principles should be applied and determinations should be made in a consistent manner. Like properties should be treated in a like manner.

•     Transparency – Systems and procedures for determining the method of valuation should be clearly documented.

•     Administrative Efficiency – rating principles and procedures should be applied and implemented in an efficient and cost-effective manner.

Policy:

In order for the Minister to ensure the rating principles under the LGA are applied to any separately identifiable rateable portion of land within the district, the Shire is to have systems and procedures to:

•     identify and record any changes in land use;

•     review the predominant use of land affected by significant land use changes;

•     consult with affected parties;

•     obtain Council approval to apply to the Minister for a change in method of valuation; and

•     ensure timely application to the Minister

The purpose for which the land is zoned is only one of the considerations that guide the determination of predominant use of any land within the district.

An initial guide to the predominant use of land within the district based on the zoning under Local Planning Scheme 6 is detailed in Part B. Rates should be determined based on the predominant use of land in accordance with section 6.28 of the LGA which may be different from the purpose for which the land has been zoned. Determination of predominant use should therefore be based on objective and best available information.

Statutory Requirement:

The Minister for Local Government and Communities has the responsibility for determining the method of valuation of land to be used by the Valuer General.

Section 6.28 (1) & (2) of the Local Government Act 1995 readsLGA states:

(1)          The Minister for Local Government(for Local Government and Communities) is to –

(a)       determine the method of valuation of land to be used by a local government as the basis for a rate; and

(b)       publish a notice of the determination in the Government Gazette.

(2)          In determining the method of valuation of land to be used by a local government the Minister is to have regard to the general principle that the basis for a rate on any land is to be –

(a)       where the land is used predominantly for rural purposes, the unimproved value of the land; and

(b)       where the land is used predominantly for non-rural purposes, the gross rental value of the land.

Local Government is required to make up any budget deficiency by applying a general rate set as a rate in the dollar of Unimproved Value (UV), or a rate in the dollar of the Gross Rental Value (GRV) of the land.

Section 6.32 (1) & (2) of the Local Government Act 1995 readsLGA states:

(1)          When adopting the annual budget, a local government –

(a)       in order to  make up the budget deficiency, is to impose a general rate on rateable land within its district, which rate may be imposed either –

(i)        uniformly; or

(ii)        differentially.

(2)          Where a local government resolves to impose a rate it is required to:

(a)       set a rate which is expressed as a rate in the dollar of the gross rental value of rateable land within its district to be rated on gross rental value; and

(b)       set a rate which is expressed as a rate in the dollar of the unimproved value of rateable land within its district to be rated on unimproved value.

When resolving to impose a rate, a local government may impose a uniform rate for each method of valuation or a differential general rates for each method of valuation. 

Section 6.33 (1), (2), (3) & (4) of the Local Government Act 1995 readsLGA states:

(1)          A local government may impose differential general rates according to any, or a combination, of the following characteristics:

(a)       the purpose for which the land is zoned, whether or not under a local planning scheme or improvement scheme in force under the Planning and Development Act 2005; or

(b)       a purpose for which the land is held or used as determined by the local government; or

(c)       whether or not the land is vacant land; or

(d)       any other characteristic or combination of characteristics prescribed.

(2)          Regulations may:

(a)       specify the characteristics under subsection (1) which a local government is to use; or

(b)       limit the characteristics under subsection (1) which a local government is permitted to use.

(3)          In imposing a differential general rate a local government is not to, without the approval of the Minister, impose a differential general rate which is more than twice the lowest differential general rate imposed by it.

(4)         If during a financial year, the characteristics of any land which form the basis for the imposition of a differential general rate have changed, the local government is not to, on account of that change, amend the assessment of rates payable on that land in respect of that financial year but this subsection does not apply in any case where section 6.40(1)(a) applies.

Where the Minister changes the basis of valuation from UV to GRV, Council may resolve to apply the change of valuation immediately / or phase in any changes in valuation in accordance with Schedule 6.1 of the Act.

 

Principles:

In applying the rating principles set out within the Act and in making the decisions on the purpose for which the land is held or used or identifying any other characteristics of the land, the following principles will be observed:

Objectivity – the use of land should be reviewed and determined on the basis of an objective assessment of relevant criteria. External parties should be able to understand how and why a particular determination was made.

Fairness and Equity – each property should make a fair contribution to rates based on a method of valuation that appropriately reflects it’s use.

Consistency – Rating principles should be applied and determinations should be made in a consistent manner. Like properties should be treated in a like manner.

Transparency – Systems and procedures for determining the method of valuation should be clearly documented.

Administrative Efficiency – rating principles and procedures should be applied and implemented in an efficient and cost-effective manner.

Policy:

In order for the Minister to ensure the rating principles under the Act are applied to any separately identifiable rateable portion of land within the district, the Shire is to have systems and procedures to:

identify and record any changes in land use;

review the predominant use of land affected by significant land use changes;

consult with affected parties;

obtain Council approval to apply to the Minister for a change in method of valuation; and

ensure timely application to the Minister

The purpose for which the land is zoned shall form the initial guide to the predominant use of any land within the district.

An initial guide to the predominant use of land within the district based on the zoning under Local Planning Scheme 6 is detailed on the following page. Where the current predominant use of the land is different to the initial guide the basis for this determination should be clearly documented.

PART B

Initial guide to predominant use of land

Method of Valuation

Zone Grouping

Zones

Gross Rental Value (GRV)

(Non-Rural Land Use)

Residential Zones

Residential

Rural Residential

Commercial Zones

Town Centre

Local Centre

Mixed Use

Service Commercial

Industrial Zones

Industry

Light and Service Industry

Tourism

Tourist

Low Impact Tourist Development

Other

Settlement

Special Use

Development

Unimproved value (UV)

(Rural Land Use)

Rural Zones

General Agriculture

Culture & Natural Resource Use

Rural Small Holdings

Other

Settlement

Special Use

Development

Settlement, Special Use and Development Zones are to be the subject of detailed examination and consideration as they may require either method of valuation dependent on the circumstances.

Where the predominant current land use for land does not align to the Rural or Non Rural land use indicated by the initial guide above determination of whether a different method of valuation should be used is required. The table below provides examples of land uses which may require a different method of valuation to the one indicated by the initial guide above.

Possible alternative method of valuation

Use Class

Rural ResidentialMethod of Valuation

Agriculture –Intensive

UV

Animal Establishment

UV

Aquaculture

UV

Plant Nursery

UV

Rural Pursuit

UV

Art & Craft Centre

GRV

Bed & Breakfast Accommodation

UV or GRV

Caravan Park

GRV

Childcare Centre

GRV

Community Living

GRV

Educational Establishment

GRV

Grouped Dwellings

GRV

Holiday Home (Large)

GRV

Holiday Home (Standard)

GRV

Home Business

GRV

Home Occupation

GRV

Home Office

GRV

Industry –Cottage

GRV

Multiple Dwellings

GRV

Museum

GRV

Occasional Use

GRV

Place of Assembly – and Worship

GRV

Public Utility

GRV

Reception Centre

GRV

Residential Building

GRV

Restaurant

GRV

Service Station

GRV

Staff Accommodation

GRV

Storage Facility, Depot, Laydown area

GRV

Telecommunications Infrastructure

GRV

Tourist Development

GRV

Transport Depot

GRV

Transport Overnight Facility

GRV

Vehicle Hire

GRV

Veterinary Centre

GRV

Winery

GRV

Determination of the appropriate method of valuation requires examination of the extent to which the separately identifiable portion of land is being used for the alternative land use. This should be documented and considered using the principles detailed in this policy before making application to the Minister for a change in method of valuation.

A uniform general rate in the dollar is to be applied for all GRV and UV valued properties within the district. Council may in certain circumstances deem a differential general rate to be necessary. Imposition of differential general rate represents a conscious decision by Council to redistribute the rate burden in the district by imposing a higher contribution on some ratepayers and a lower contribution on others.

Imposition of a differential general must follow the Benefit Principle – the concept that there should be some relationship between the rates paid and the benefits received. The Benefit Principle does not mean rates should equal benefits, but it is expected that those bearing the higher rate burden through the imposition of differential rating are receiving greater benefits from Shire activities. When imposing a differential general rate the characteristics of the land to which the rate is to be applied along with the objects and reasons for the differential rate should be clearly defined.

he purpose for which the land is zoned although relevant in determining permissible uses of land, may not be is considered the most appropriate basis foralways appropriate in determining the characteristics of the land to which the differential general rate appliesthe predominant use for rating purposes. Where the Benefit Principle is considered not applicable by Council not to apply within a particular land zoning, the purpose for which the land is held or used as determined by the local governmentCouncil and/or whether or not the land is vacant land shall be used as the basis for determining the characteristics of the land to which the differential general rate appliesrates.

Concessions and waivers

Circumstances may arise where Council resolves by absolute majority to grant a waiver or concession which has the effect of altering the general rating principles and safeguards under the Act and the principles outlined in this Policy, where this does occur a review of the rating structure shall be undertaken to avoid the need to continue to grant a concession in subsequent years.

 


CORPORATE SERVICES                                      2.2.5

Financial Services

TITLE:

DEBT RECOVERY

ADOPTED:

OMC 19 March 2009 – Pages 26 – 31

REVIEWED:

OMC 15 March 2012 – Pages 96 - 103

OMC 27 March 2014 – Pages 94 – 99

OMC 17 December 2015 – Pages 110 – 121

OMC 25 August 2016 – Pages 585 - 591

ASSOCIATED LEGISLATION:

Local Government Act 1995 – Sections 6.13, 6.45, 6.51, 6.56, 6.60, 6.64.

Local Government (Financial Management) Regulations 1996

Rates and Charges (Rebates and Deferments) Act 1992Local Government Act 1995 – Section 6.56

ASSOCIATED DOCUMENTS:

 

REVIEW RESPONSIBILITY:

Manager Financial Services

DELEGATION:

Rates and Service Charges – Payment Agreements

LGA 30 Rates and Service Charges - Agreements

LGA32 Rating and Service Charges–Authority to LodgeCaveat, Caveat

LGA33 Rating and Service Charges, Legal Action for Recovery

LGA31 Rates, Unpaid – Power for Sale

LGA 34 Recovery of Rates and Service Charges – Leased Properties

Previous Policy Number 2.1.3

 

PART A

 

Objective:

 

To set out a clear, equitable, accountable and transparent process for the Shire of Broome (the Shire) to follow in the management and collection of rates and sundry debtors. The policy will ensure proper records are maintained for debts owed to the Shire as required by the Local Government Act 1995 and Local Government (Financial Management) Regulations 1996 and that collection actions are managed in a consistent and equitable manner.

Objective:

 

Local government has a responsibility to ensure that all Council rates are collected in a fair and timely manner.

 

Policy:

 

The Shire is committed to ensuring that it manages its cash flows in a manner that provides financial sustainability to the organisation.

 

It will ensure that the collection of all rates and sundry debts are:

 

·        being managed fairly and equitably;

·        in accordance with the Local Government Act 1995, Civil Judgements Enforcement Act 2004, this Policy and any associated business operating procedures;

·        undertaken with upmost respect, courtesy and diligence in dealings with all debtors; and

·        treated with strict confidentiality.

 

In cases where the owner of a leased or rented property on which rates are outstanding cannot be located after all reasonable efforts and avenues have been exhausted, or refuses to settle rates owed, or defaults on alternative payment arrangement, notice will be served on lessee under the provisions of section 6.60 of the LGA without the need for Council endorsement, requiring the lessee to pay to the Shire the rent due under the lease/tenancy agreement as it becomes due, until the amount in arrears has been fully paid.

 

A Property Sale and Seizure Order (PSSO) on a debtor’s goods may proceed without the need for Council endorsement. If a PSSO on a debtor’s goods fails to identify sufficient freehold goods for seizure by a court-appointed Bailiff and the rates remained unpaid for at least 3 years, then a PSSO on a debtor’s land may only proceed following approval from Council.

 

If any rates or service charges which are due in respect of any rateable land have been unpaid for at least 3 years, where all attempts to recover money due have failed, and after all reasonable efforts and avenues to locate the owner have been exhausted, approval shall be sought from Council for issue of a PSSO against land in order to:

 

·    lease the land;

·    have the land transferred to the Shire; and

·    sell the land.

 

The above actions will be reported on a confidential basis to the Council for approval.

Statutory Requirement:

 

Section 6.56 of the Local Government Act 1995 (LGA) reads:

 

(1)     If a rate or service charge remains unpaid after it becomes due and payable, the local government may recover it, as well as the costs of proceedings, if any, for that recovery, in a court of competent jurisdiction.

(2)     Rates or service charges due by the same person to the local government may be included in one writ, summons, or other process.

PART B

 

Management Procedures

 

Purpose

 

To ensure all rates and sundry debts are managed fairly, equitably, and in a transparent and consistent manner. All debtors will be shown the utmost respect, and courtesy in dealings with the Shire, with all debt collection arrangements being treated in a strictly confidential manner.

 

Definitions:

 

For purposes of the Debt Collectionthis Policy and this Business Operation ProcedureManagement Procedures, the following definitions apply:

 

The Act

Means the Local Government Act 1995.

The Regulations

Means the Local Government (Financial Management) Regulations 1996.

Debt

Means an amount of money owed to the Shire by a debtor because of a transaction or rates and service charges (including emergency services levy) levied by the Shire.

Debtor

Means any individual, corporation, organisation or other entity owing money to the Shire.

 

Risk

Means the possibility of non-payment of a debt by the debtor when the amount is due. The likelihood of non-payment increases with the age of the debt.

 

Write Off

 

Means the accounting procedure for cancelling a debt that is no longer collectible resulting in its removal by Council from the Shire’s statement of financial position (balance sheet).

Rates and Service Charges

 

Rates and Service Charges are a charge on land imposed under the Act.

Alternative Payment Arrangement

An agreement made between the ratepayer and the Shire to pay rates or service charges at a timing and frequency other than the prescribed instalment due dates. Alternate payments frequencies can only be weekly, fortnightly or monthly. It is required that the full outstanding balance of the account, plus any interest accruing, be cleared before the 4th Instalment deadline of the current financial year. Payment arrangement requests shall be made in writing directly to the local government.

 

General Procedure Claim (GPC)

A GPC is issued through the Magistrates Court for debts up to an amount determined by the Chief Executive Officer (CEO).

Property Sales and Seizure Order (PSSO)

A PSSO authorises a bailiff to seize and sell as much of the judgment debtor’s real or personal property as necessary to satisfy the judgment debt wholly or partially.

Real Property (Land):

Assets that are fixed permanently in one location such as land and/or buildings.

Personal Property (Goods)

Assets that are movable and not fixed permanently in one location such as vehicles and other possessions.

 

 

1.   Debt Recovery Process - Rates

 

The following process is to be followed for the recovery of rates and service charges. Legal proceedings will continue until outstanding rates and service charges are paid in full or otherwise determined by the CEO and/or the Council.

 

1.1       Final Notice – 14 Days after Rate Notice due date

 

Where a ratepayer has not paid the amount due or entered into a payment arrangement 14 days after the due date shown on the Rate Notice, a Final Notice shall be issued, requesting full payment within 7 days or the option to enter into a payment arrangement.

 

Although eligible pensioners registered under the Rates and Charges (Rebates and Deferments Act) 1992 are entitled to pay Rates by the 30th June under the legislation, Final notice will be sent, as charges for waste/recycling services, swimming pool inspection fee and ESL are payable as per due dates.

 

1.2       Letter of Demand issued by Debt Recovery Agent - 14 Days after Final Notice issue date

Where a ratepayer has not paid the amount due or not entered into a payment arrangement 14 days after the issue of a Final Notice, a Letter of Demand shall be issued by the Shire’s Debt Recovery Agent requesting full payment within 7 days or the option to enter into a payment arrangement.

 

1.3       General Procedure Claim (GPC) – 14 Days after Letter of Demand issued by Debt Recovery Agent

 

Where a ratepayer has not paid the amount due or not entered into a payment arrangement 14 days after Letter of Demand was issued by Debt Recovery Agent, a GPC will be issued for recovery of the debt through Council’s Debt Recovery Agent.

 

Legal costs and the costs of proceedings will be added to the ratepayers account upon issue of a GPC in accordance with Section 6.56 of the Local Government Act 1995 (LGA).

 

Ratepayers are required to pay in full or by instalments including the legal costs. If they choose to pay by instalments, they must sign the “Admission of Claim” on the reverse of the GPC and state the amount they agree to pay for each instalment. The discharge of overdue rates through an “Admission of Claim” will be considered upon payment in full or by an acceptable payment arrangement, including the legal costs. A debtor will be required to clear the debt by 30th June of the current financial year, unless agreed otherwise. Judgment is entered by the Court upon an Admission of Claim.

 

1.4       Property Sale and Seizure Order (PSSO) on Goods and Land– 21 Days after GPC has been served

 

Where a GPC has been served and remains unsatisfied, recovery action will continue through the Council’s debt recovery agent to pursue recovery of the debt plus legal costs in accordance with this policy and relevant provisions of LGA. This includes the issue of a PSSO – against a ratepayer’s goods and, if GPC cannot be served due to inability to locate the ratepayer, a PSSO on a ratepayer’s land.

 

A PSSO on a debtor’s goods may proceed, in the first instance, 21 days after GPC has been served without the need for Council endorsement.

 

If a PSSO on a debtor’s goods fails to identify sufficient freehold goods for seizure by a court-appointed Bailiff and the rates remained unpaid for at least 3 years, then a PSSO on a debtor’s land may only proceed following approval from Council.

 

1.5       PSSO on Land – For Unpaid Rates and Service Charges for at Least 3 Years

 

If any rates or service charges which are due in respect of any rateable land have been unpaid for at least 3 years, where all attempts to recover money due have failed, and after all reasonable efforts and avenues to locate the owner have been exhausted, approval shall be sought from Council for issue of a PSSO against land in order to:

 

·    lease the land;

·    have the land transferred to the Shire; and

·    sell the land.

 

The above actions will be reported on a confidential basis to the Council for approval.

 

2.   Alternative Payment Arrangement - Rates

 

If the instalment due dates indicated on the rate notice are not suitable, ratepayers may request for an Alternative Payment Arrangement which can be a weekly, fortnightly or monthly repayments. Any payment arrangements must be agreed upon in writing by both by the ratepayer and Shire and applicable fees as determined by the Shire from time to time shall apply. Interest shall continue to accrue on the outstanding rates until fully paid. Approval of payment arrangements is at the discretion of Shire and will consider all relevant factors and circumstances of the account.

 

If a ratepayer defaults on an approved payment arrangement, the debt recovery process shall resume from the stage prior to the establishment of the Alternative Payment without any further notice (e.g. default in payment arrangement after receipt of Final Notice shall be issued a GPC) or proceed with alternate recovery methods like Section 6.60).

 

3.   Section 6.60 - Local Government May Require Lessee to Pay Rent

 

In cases where the owner of a leased or rented property on which rates are outstanding cannot be located after all reasonable efforts and avenues have been exhausted, or refuses to settle rates owed, or defaults on alternative payment arrangement, notice will be served on lessee under the provisions of section 6.60 of the LGA, requiring the lessee to pay to the Shire the rent due under the lease/tenancy agreement as it becomes due, until the amount in arrears has been fully paid.

 

In exercising Section 6.60 of the LGA:

 

1.  A letter is sent to the owner of the property at the last known place of contact. This letter advises of the rates outstanding and the intention to issue an order on the tenant to pay any rent due under the lease or rental agreement if the account is not settled within 14 days.

 

2. If the payment is not received from the owner, the tenant is issued with an order under Section 6.60 of the LGA. This order requires that any rent payable under the terms of the lease in respect of the land is paid to the Shire and not the owner.

 

3. The tenant must continue to pay any rent due in respect of the land to the Shire until the amount of rates outstanding is settled.

 

4. The Shire will notify the tenant when the outstanding rates have been satisfied by the rent paid by the tenant or by receipt from the owner and rescind the order made under Section 6.60.

 

4.   Section 6.64 - Actions to Be Taken - Caveats

 

The Chief Executive Officer may lodge a caveat to preclude dealings in land where rates or services charges are in arrears and the CEO is of the opinion that it is in the interests of the Shire to lodge the caveat.

 

5.   Debts Other Than Rates and Service Charges

 

5.1     Sundry debt recovery

 

The terms of payment for each invoice may vary depending on the goods or service rendered to the debtor. If the invoice is not paid by the due date, the following procedure will take place:

 

·    A letter or Reminder Notice will be issued advising the debtor that if there exists a dispute or query to contact the Shire otherwise payment is expected within fourteen (14) days of the issue date of the letter;

·    If no response is received from the debtor, upon recommendation of the appropriate Shire Finance Officer, Demand Notice may be sent to the debtor advising that if payment is not made within fourteen (14) days of the date of the notice, further action may be taken to recover the debt, which could involve legal action. The debtor will be advised that any additional fees incurred in recovering the debt will be passed on to the debtor.

·    External party (Debt Collection Agency) will only be engaged to recover an outstanding debt if the action is appropriate for the amount outstanding, given due consideration to all issues which have led to the debt being overdue and not paid.

 

5.2     Special Payment Arrangements – Sundry

 

Applicants are required to complete an Application Form for a Sundry Debtors Payment Arrangement, giving information regarding their financial position and provide any additional documentation, verifying the financial position of the applicant(s) to substantiate the information supplied. Following an assessment by the relevant Shire Finance Officer, the Application will be referred to the MFS for approval.

 

In the event of an Applicant being dissatisfied with the decision of a Shire Finance Officer/MFS, they will have access rights for a review to the CEO in accordance with the Council’s Policy No. 1.2.6 Complaint Resolution.

 

5.3     Write-Off - Sundry

 

After all reasonable attempts to either locate the debtor or to obtain payment have failed, or the cost of recovery exceeds the debt amount, the relevant Shire Finance Officer responsible for raising the debt will submit a written request to the Manager Financial Services (MFS) for the invoice to be considered for write off if within the MFS delegated authority. Otherwise, approval will be sought from the Chief Executive Officer and subsequently Council (if required) for approval for the debt to be written off.

 

5.4     Debt Raised in Error or Debt Adjustment

 

If a debt has been raised in error or requires an adjustment, then an explanation shall be documented and provided by the relevant Shire Finance Officer to the MFS prior to reversing or correcting the debt raised in error

 

5.1     Other Action Which Maybe Taken

 

The following list of actions may also be instituted at the discretion of the Director Corporate Services, against defaulting sundry Debtors, who do not respond to normal requests for payment:

 

·    Issue a Letter of Demand;

·    Commencement of Court proceedings to recover the outstanding monies;

·    Discontinuing performance of any services, hire reservations and/or licences;

·    Refusing further services (if applicable);

·    Request “up-front” bonds for future dealings with the Shire, which may be used to offset against the outstanding debt;

·    Offset any amounts owed by the Shire against any outstanding debt;

·    Report to the Council to consider cancellation of a Lease Agreement (if applicable).

 

6.   Interest on Overdue Monies

 

Interest can be calculated on the total outstanding debt/rates once it has exceeded the due date. The rate of interest imposed is that as determined by the Council as prescribed in the Annual Budget and in accordance with Section 6.13 of the LGA. The decision to write-off interest on sundry debts is at the discretion of the MFS in accordance with the delegated authority.

 

Should the ratepayer default in the Alternative Payment Arrangement where interest is previously waived, the waiving of the interest will cease and interest will be calculated from the date that the rates or debt originally defaulted.

 

Definitions:

 

Property Sales and Seizure Order (PSSO):

 

A PSSO authorises a bailiff to seize and sell as much of the judgment debtor’s real or personal property as necessary to satisfy the judgment debt wholly or partially.

 

Real Property (Land):

 

Assets that are fixed permanently in one location such as land and/or buildings.

 

Personal Property (Goods):

 

Assets that are movable and not fixed permanently in one location such as vehicles and other possessions.

 

Payment Arrangement:

 

An agreement made between a person and the local government to accept payment of a rate or service charge due and payable by that person in accordance with section 6.49 of the LGA. Payment arrangements can be made directly with the local government or via an external payment arrangement management system.

 

Policy:

 

7 Days after due date – Final Notice

1.1                                            Where rates remain outstanding 7 days after the due date shown on the Rate Notice or Instalment Reminder Notice, and the ratepayer has NOT paid, a Final Notice shall be issued requesting full payment within 14 days.

 

14 Days after Final Notice date – Claimant Notice of Letter of Demand

2.1                                            Where Rates remaining unpaid outstanding after the expiry date shown on the Final Notice a Letter of Demand shall be issued requesting full payment within 7 days.

 

7 Days after Claimant Notice of Letter of Demand – Recovery Agent Letter of Demand

 

3.1                                            Where Rates remain outstanding after the expiry date shown on the Claimant Notice of Letter of Demand a Letter of Demand requesting full payment within 7 days will be issued through Council’s Debt Recovery Agent.

 

7 Days after Recovery Agent Letter of Demand date – Legal Claim (Summons)

4.1                                            Where payment still remains outstanding despite the issue of a Letter of Demand, and the ratepayer has not paid or entered into a payment arrangement a General Procedure Claim will be issued for recovery of debt through Council’s Debt Recovery Agent.

 

14 Days after General Procedure Claim served

5.1                                            Where a General Procedure Claim has been served and remains unsatisfied, recovery action will be taken to pursue that General Procedure Claim, through the Council’s Debt Recovery Agent to secure payment of the debt in accordance with this policy and relevant provisions in the Local Government Act 1995.

 

5.2                                            Following the service of a General Procedure Claim and addition of legal costs, discharge of a rate account through an Admission of Claim by payment in full or through a payment arrangement will be considered. Debtors will be required to clear debts by 30th June.

 

5.3                                            Where debtors fail to make payments in accordance with an agreed and approved payment arrangement, Council approval must be sought prior to issuing a Property Seizure and Sale Order (PSSO) against personal property and in accordance with section 6.68 of the LGA after 3 years where rates remain unpaid, real property (land).

 

Rates and Service Charges Unpaid for at Least 3 Years

6.1                                            If any rates or service charges which are due to in respect of any rateable land have been unpaid for at least 3 years, where all attempts to recover money due have failed, and after all reasonable efforts and avenues to locate the owner have been exhausted, approval shall be sought from Council for a Property and Seizure Order against land (real property) which may be imposed.

 

Section 6.60 - Local government may require lessee to pay rent:

 

In cases where the owner of a leased or rented property on which rates are outstanding cannot be located after all reasonable efforts and avenues have been exhausted, or refuses to settle rates owed, notice will be served on lessee under the provisions of section 6.60 of the Local Government Act 1995, requiring the lessee to pay to Council the rent due under the lease/tenancy agreement as it becomes due, until the amount in arrears has been fully paid.

 

Section 6.64.                            Actions to be taken - Caveats

 

The Chief Executive Officer may lodge a caveat to preclude dealings in land where rates or services charges are in arrears and the CEO is of the opinion that it is in the interests of the Shire to lodge the caveat.

 


-                       

CORPORATE SERVICES                                                2.2.7

Financial Services

 

TITLE:

SIGNIFICANT ACCOUNTING POLICIES

ADOPTED:

Annual Budget Process      

REVIEWED:

SCM 30 July 2009 – Pages 40 - 41

SCM 30 July 2010 – Pages 40 - 41

SCM 17 August 2011 – Pages 44 – 46

OMC 15 March 2012 – Pages 96 - 103

OMC 9 August 2012 – Pages 108 – 109

SCM 28 August 2013  - Pages 58 -  64

OMC 27 March 2014 – Pages 94 – 99

SMC 27 June 2014 – Pages 47 – 53

OMC 27 November 2014 – Pages 153 – 168

SMC 13 August 2015 – Pages 53 – 58

OMC 17 December 2015 – Pages 110 - 121

ASSOCIATED LEGISLATION:

Local Government (Financial Management) Regulations 2006, Regulation 5A Local governments to comply with AAS

-                    Subject to regulation 4, the annual budget, annual financial report and other financial reports of a local government must comply with the AAS.

[Regulation 5A inserted in Gazette 20 Jun 2008 p. 2722.]

ASSOCIATED DOCUMENTS:

 

REVIEW RESPONSIBILITY:

Manager Financial Services

DELEGATION:

 

Previous Policy Number 2.1.4

 

Objective:

 

1.   To comply with regulation 5A of the Local Government (Financial Management) Regulations 1996.

 

2.   To allow Council to consider accounting policies in their own right, notwithstanding that policies are generally designed to comply with the requirements of current Australian Accounting Standards (AAS).

 

3.   To provide guidance in the recording of financial transactions and the preparation and presentation of annual financial reporting.

 

 

Definitions:

 

Australian Accounting Standards (AAS) – Standards, that have the force of law over the preparation and fair presentation of general purpose financial reports.

 

 

Policy:

SIGNIFICANT ACCOUNTING POLICIES

The significant accounting policies which Council adopts for this Financial Year are:

                                                                 

(a)    Basis of Preparation                                                                 

The annual financial report and annual budget has have been prepared in accordance with applicable Australian Accounting Standards (as they apply to local government and not-for-profit entities), Australian Accounting Interpretations, other authorative pronouncements of the Australian Accounting Standards Board, the Local Government Act 1995 and accompanying regulations. Material accounting policies which have been adopted in the preparation of this budget are presented below and have been consistently applied unless stated otherwise.

 

Except for cash flow and rate setting information, the budget has also been prepared on the accrual basis and is based on historical costs, modified, where applicable, by the measurement at fair value of selected non-current assets, financial assets and liabilities.  

 

The preparation of a financial report and annual budget in conformity with Australian Accounting Standards require management to make judgements, estimates and assumptions that effect the application of policies and reported amounts of assets and liabilities, income and expenses.                                                 

                                                                                       

The Local Government Reporting Entity                                                  

All Funds through which the CouncilShire of Broome (the Shire) controls resources to carry on its functions have been included in the financial statements forming part of this budget.

 

In the process of reporting on the local government as a single unit, all transactions and balances between those Funds (for example, loans and transfers between Funds) have been eliminated.

 

All monies held in the Trust Fund are excluded from the financial statements. A separate statement of those monies appears at Note 16 to this budget document.                                            

 (b)   Actual Balances                                                      

Balances shown in this the budget as 2013/14 Actualat any given year are as forecasted at the time of budget preparation and are subject to final adjustments upon completion of the final annual audit.                     

                                                                 

(c)    Rounding Off Figures                                               

All figures shown in this budget, other than a rate in the dollar, are rounded to the nearest dollar.

 

(d)       Rates, Grants, Donations and Other Contributions

Rates, grants, donations and other contributions are recognised as revenues when the local government obtains control over the assets comprising the contributions.

 

Control over assets acquired from rates is obtained at the commencement of the rating period or, where earlier, upon receipt of the rates.

 

(e)    Goods and Services Tax (GST)

Revenues, expenses and assets are recognised net of the amount of GST, except where the       amount of GST incurred is not recoverable from the Australian Taxation Office (ATO).

 

Receivables and payables are stated inclusive of GST receivable or payable. The net amount of GST recoverable from, or payable to, the ATO is included with receivables or payables in the statement of financial position.

 

Cash flows are presented on a Gross basis. The GST components of cash flows arising from investing or financing activities which are recoverable from, or payable to, the ATO are presented as operating cash flows.

 

(f)      Superannuation

The Council Shire contributes to a number of Superannuation Funds on behalf of employees.       All funds to which the CouncilShire contributes are defined contribution plans.

 

(g)    Cash and Cash Equivalents

Cash and cash equivalents include cash on hand, cash at bank, deposits available on demand with banks, other short term highly liquid investments that are readily convertible to known amounts of cash and which are subject to an insignificant risk of changes in value and bank overdrafts.                                                    

Bank overdrafts are shown as short term borrowings in current liabilities in the statement of financial position.

 

 (h)    Trade and Other Receivables

Trade and other receivables include amounts due from ratepayers for unpaid rates and service charges and other amounts due from third parties for goods sold and services performed in the ordinary course of business.

 

Receivables expected to be collected within 12 months of the end of the reporting period are classified as current assets. All other receivables are classified as non-current assets.

 

Collectability of trade and other receivables is reviewed on an ongoing basis. Debts that are known to be uncollectible are written off when identified.  An allowance for doubtful debts is raised when there is objective evidence that they will not be collectible.

 

 (i)     Inventories

          General

          Inventories are measured at the lower of cost and net realisable value.     

 

Net realisable value is the estimated selling price in the ordinary course of business less the estimated costs of completion and the estimated costs necessary to make the sale.

 

          Land Held for Resale

Land held for development and sale is valued at the lower of cost and net realisable value. Cost includes the cost of acquisition, development, borrowing costs and holding costs until completion of development. Finance costs and holding charges incurred after development is completed are expensed.   

 

Gains and losses are recognised in profit or loss at the time of signing an unconditional contract of sale if significant risks and rewards, and effective control over the land, are passed on to the buyer at this point.                                                   

Land held for sale is classified as current except where it is held as non-current based on Council’s intentions to release for sale.                                                   

 (j)     Fixed Assets                                                    

Each class of fixed assets within either property, plant and equipment or infrastructure, is carried at cost or fair value as indicated less, where applicable, any accumulated depreciation and impairment losses.

 

Mandatory Requirement to Revalue Non-Current Assets           

Effective from 1 July 2012, the Local Government (Financial Management) Regulations 1996 were amended and the measurement of non-current assets at Fair Value became mandatory.                                                   

                                                                 

The amendments allow for a phasing in of fair value in relation to fixed assets over three years as follows:                                                      

                                                                 

(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.                                                   

                                                                 

Thereafter, in accordance with the regulations, each asset class must be revalued at least every 3 years.                                               

                                                                 

In 2013, Council the Shire commenced the process of adopting Fair Value in accordance with the Regulations.                                                     

                                                                 

Relevant disclosures, in accordance with the requirements of Australian Accounting Standards, have been made in the budget as necessary.                                              

          Land Under Control                                                 

In accordance with Local Government (Financial Management) Regulation 16(a), the Council Shire was required to include as an asset (by 30 June 2013), Crown Land operated by the local government as a golf course, showground, racecourse or other sporting or recreational facility of state or regional significance.                                                       

                                                                 

Upon initial recognition, these assets were recorded at cost in accordance with AASB 116. They were then classified as Land and revalued along with other land in accordance with the other policies detailed in this Note.                                                 

Whilst they were initially recorded at cost (being fair value at the date of acquisition (deemed cost) as per AASB 116) they were revalued along with other items of Land and Buildings at 30 June 2014.                                                     

          Initial Recognition and Measurement between Mandatory Revaluation Dates    

All assets are initially recognised at cost and subsequently revalued in accordance with the mandatory measurement framework detailed above.                                                                                                

In relation to this initial measurement, cost is determined as the fair value of the assets given       as consideration plus costs incidental to the acquisition. For assets acquired at no cost or for  nominal consideration, cost is determined as fair value at the date of acquisition. The cost of non-current assets constructed by the Council Shire includes the cost of all materials used in construction, direct labour on the project and an appropriate proportion of variable and fixed        overheads.                                                     

Individual assets acquired between initial recognition and the next revaluation of the asset class in accordance with the mandatory measurement framework detailed above, are carried at cost less accumulated depreciation as management believes this approximates fair value. They will  be subject to subsequent revaluation of the next anniversary date in accordance with the mandatory measurement framework detailed above.                                                

          Revaluation                                                     

Increases in the carrying amount arising on revaluation of assets are credited to a revaluation surplus in equity. Decreases that offset previous increases of the same asset are recognised against revaluation surplus directly in equity. All other decreases are recognised in profit or loss.                                                       

          Transitional Arrangement                                                 

During the time it takes to transition the carrying value of non-current assets from the cost approach to the fair value approach, the Council Shire may still be utilising both methods across differing asset classes.                                                 

Those assets carried at cost will be carried in accordance with the policy detailed in the Initial Recognition section as detailed above.                                                 

          Those assets carried at fair value will be carried in accordance with the      Revaluation Methodology section as detailed above.                                                

          Land Under Roads                                                   

In Western Australia, all land under roads is Crown land, the responsibility for managing which is vested in the local government.                                                 

Effective as at 1 July 2008, Council the Shire elected not to recognise any value for land under roads      acquired on or before 30 June 2008.  This accords with the treatment available in Australian        Accounting Standard AASB 1051 Land Under Roads and the fact Local Government (Financial Management) Regulation 16(a)(i) prohibits local governments from recognising such land as an asset.                                                 

In respect of land under roads acquired on or after 1 July 2008, as detailed above, Local Government (Financial Management) Regulation 16(a)(i) prohibits local governments from recognising such land as an asset.                                                 

Whilst such treatment is inconsistent with the requirements of AASB 1051, Local Government       (Financial Management) Regulation 4(2) provides, in the event of such an inconsistency, the Local Government (Financial Management) Regulations prevail.                                                  

                                                                 

Consequently, any land under roads acquired on or after 1 July 2008 is not included as an asset of the CouncilShire.

                                                                 

          Depreciation                                                   

The depreciable amount of all fixed assets including buildings but excluding freehold land, are depreciated on a straight-line basis over the individual asset’s useful life from the time the asset       is held ready for use. Leasehold improvements are depreciated over the shorter of either the unexpired period of the lease or the estimated useful life of the improvements.                                             

          Major depreciation periods used for each class of depreciable asset are: 

                                                                 

                                                                                       Estimated        Annual

          Item                                                                     Useful Life       Dep'n Rate

            Vehicles (High Use 1 year replacement program)          4 years            25.00%

            Ride on Mowers                                                                    5 years            20.00%

            Cars & Light Vehicles (2 to 3 replacement program)     6.67 years       15.00%

            Trucks Small 2-5 tonne                                                          6.67 years       15.00%

            Trucks Medium 6-12 tonne                                                   8 years            12.50%

            Trucks Heavy >12 tonne & Medium Plant                          10 years          10.00%

            Plant Heavy, Graders, Scrapers, Dozers, etc                    12 years            8.33%

            Plant Portable  (regular use)                                               5 years            20.00%

            Plant Other (low use and/or long life)                                16 years            6.25%

            Computer Equipment (hardware/software)                    4 years            25.00%

            Furniture & Equipment                                                          10 years          10.00%

            Building Plant & Air Conditioning                                        15 years            6.67%

            Buildings                                                                                  40 years            2.50%

            Buildings - Long Life Structures                                            50 years            2.00%

            Infrastructure Fixed:                                                             

            Formation & Earthworks (roads, reserves, landfill)            100 years          1.00%

            Pavement (roads, car parks, reserves, landfill)                 40 years            2.50%

            Seals Asphalt                                                                         25 Years            4.00%

            Seals Bitumen                                                                        15 Years            6.67%

            Road Plant & Bus Shelters                                                    20 years            5.00%

            Bridges                                                                                    80 years            1.25%

            Drainage facilities                                                                 60 years            1.67%

            Footpaths, Dual Use Paths                                                   50 years            2.00%

                                                                 

The assets residual values and useful lives are reviewed, and adjusted if appropriate, at the end of each reporting period.                                               

An asset’s carrying amount is written down immediately to its recoverable amount if the asset’s carrying amount is greater than its estimated recoverable amount.                                             

Gains and losses on disposals are determined by comparing proceeds with the carrying amount. These gains and losses are included in profit or loss in the period which they arise.                                                  

                                                                 

When revalued assets are sold, amounts included in the revaluation surplus relating to that asset are transferred to retained surplus.                                                

          Capitalisation Threshold                                                   

                                                                 

In order to enable effective asset management expenditure on items above the threshold amount shown below will be capitalised. Those items below the threshold amount may be capitalised, recorded on an asset inventory listing or treated as operating expenses as appropriate.

 

Infrastructure - New, Upgrade or Renewal                            $5,000

Land                                                                                             $5,000

Buildings - New, Upgrade or Renewal                                    $5,000

Plant & Equipment - New, Upgrade or Renewal                  $5,000                 Furniture & Equipment - New, Upgrade or Renewal   $5,000                 

 

Asset Related Expenditure Categorisation

 

Expenditure will be split into two categories, Capital and Operating.

 

Capital expenditure will be recognised as either:

(a) New: To acquire assets to provide new service (never before provided) to the community.

(b) Upgrade: To increase the level of service of an asset to a level of service higher than previously offered. Upgrade costs may often be combined with renewal costs but where practical will be separated.

(c)  Renewal: To sustain the service of an asset at the same level whilst returning the asset to a “as new” condition on a like for like basis without providing an increase to the level of service.

 

Operating Recurrent Expenditure will be recognised as either:

(a)   Operating: Expenses incurred in using or protecting an asset.

(b)  Maintenance: Expenses incurred to sustain the service of an asset at the same level without returning a significant part of an asset to an “as new” condition.

 

Operating Expenses incurred in procuring individually identifiable assets may be identified as a “Minor Asset” expense if the service life of the asset is expected to exceed 12 months under the proposed operating conditions and the procurement cost is over $100.

 

(k)     Fair Value of Assets and Liabilities                                                    

                                                                 

When performing a revaluation, the Council Shire uses a mix of both independent and management valuations using the following as a guide:                                                 

Fair Value is the price that Council the Shire would receive to sell the asset or would have to pay to transfer a liability, in an orderly (i.e. unforced) transaction between independent, knowledgeable and willing market participants at the measurement date.                                                   

                                                                 

As fair value is a market-based measure, the closest equivalent observable market pricing information is used to determine fair value. Adjustments to market values may be made having regard to the characteristics of the specific asset. The fair values of assets that are not traded in an active market are determined using one or more valuation techniques. These valuation techniques maximise, to the extent possible, the use of observable market data.                                                  

To the extent possible, market information is extracted from either the principal market for the asset (i.e. the market with the greatest volume and level of activity for the asset or, in the absence of such a market, the most advantageous market available to the entity at the end of   the reporting period (ie the market that maximises the receipts from the sale of the asset after        taking into account transaction costs and transport costs).                                                    

For non-financial assets, the fair value measurement also takes into account a market participant’s ability to use the asset in its highest and best use or to sell it to another market participant that would use the asset in its highest and best use.                                              

          Fair Value Hierarchy                                               

AASB 13 requires the disclosure of fair value information by level of the fair value hierarchy, which categorises fair value measurement into one of three possible levels based on the lowest     level that an input that is significant to the measurement can be categorised into as follows:                                                 

          Level 1                                                     

Measurements based on quoted prices (unadjusted) in active markets for identical assets or liabilities that the entity can access at the measurement date.                                              

          Level 2                                                     

Measurements based on inputs other than quoted prices included in Level 1 that are observable for the asset or liability, either directly or indirectly.                                                

          Level 3                                                     

          Measurements based on unobservable inputs for the asset or liability.                   

The fair values of assets and liabilities that are not traded in an active market are determined            using one or more valuation techniques. These valuation techniques maximise, to the extent possible, the use of observable market data. If all significant inputs required to measure fair      value are observable, the asset or liability is included in Level 2. If one or more significant inputs are not based on observable market data, the asset or liability is included in Level 3.                                                                                                                                 

          Valuation techniques                                              

The Council selects a valuation technique that is appropriate in the circumstances and for which sufficient data is available to measure fair value. The availability of sufficient and relevant data primarily depends on the specific characteristics of the asset or liability being measured.        The valuation techniques selected by the Council are consistent with one or more of the following valuation approaches:  

                                            

          Market approach                                                    

Valuation techniques that use prices and other relevant information generated by market transactions for identical or similar assets or liabilities.                                                       

          Income approach                                                   

Valuation techniques that convert estimated future cash flows or income and expenses into a single discounted present value.                                                

          Cost approach                                               

Valuation techniques that reflect the current replacement cost of an asset at its current service capacity.                                                       

                                                                 

Each valuation technique requires inputs that reflect the assumptions that buyers and sellers would use when pricing the asset or liability, including assumptions about risks. When selecting a valuation technique, the Council gives priority to those techniques that maximise the use of observable inputs and minimise the use of unobservable inputs. Inputs that are developed using market data (such as publicly available information on actual transactions) and      reflect the assumptions that buyers and sellers would generally use when pricing the asset or liability and considered observable, whereas inputs for which market data is not available and therefore are developed using the best information available about such assumptions are considered unobservable.                         

                                                                 

As detailed above, the mandatory measurement framework imposed by the Local Government  (Financial Management) Regulations requires, as a minimum, all assets carried at a revalued amount to be revalued at least every 3 years.                                                   

 (l)     Financial Instruments                                              

                                                                 

          Initial Recognition and Measurement                                                        

Financial assets and financial liabilities are recognised when the Council Shire becomes a party to  the contractual provisions to the instrument. For financial assets, this is equivalent to the date that the Council commits itself to either the purchase or sale of the asset (ie trade date accounting is adopted).                                               

Financial instruments are initially measured at fair value plus transaction costs, except where the instrument is classified ‘at fair value through profit or loss’, in which case transaction costs are expensed to profit or loss immediately.      

 

Classification and Subsequent Measurement                              

Financial instruments are subsequently measured at fair value, amortised cost using the effective interest rate method, or cost.                                                   

          Amortised cost is calculated as:                                                        

                                                                 

(a) the amount in which  the financial asset or financial liability is measured at initial recognition;                                                     

(b) less principal repayments and any reduction for impairment; and    

(c) plus or minus the cumulative amortisation of the difference, if any, between the amount initially recognised and the maturity amount calculated using the effective interest rate method.                   

The effective interest method is used to allocate interest income or interest expense over the relevant period and is equivalent to the rate that discounts estimated future cash payments or receipts (including fees, transaction costs and other premiums or discounts) through the       expected life (or when this cannot be reliably predicted, the contractual term) of the financial instrument to the net carrying amount of the financial asset or financial liability. Revisions to expected future net cash flows will necessitate an adjustment to the carrying value with a    consequential recognition of an income or expense in profit or loss.

                                                                 

(i)         Financial assets at fair value through profit and loss                 

Financial assets are classified at “fair value through profit or loss” when they are held for trading for the purpose of short term profit taking.  Assets in this category are classified as current assets. Such assets are subsequently measured at fair value with changes in     carrying amount being included in profit or loss.                                               

 

(ii)        Loans and receivables                                                

Loans and receivables are non-derivative financial assets with fixed or determinable payments that are not quoted in an active market and are subsequently measured at amortised cost. Gains or losses are recognised in profit or loss.                                         

Loans and receivables are included in current assets where they are expected to mature within 12 months after the end of the reporting period.                                                 

          (iii)     Held-to-maturity investments                                                    

Held-to-maturity investments are non-derivative financial assets with fixed maturities and fixed or determinable payments that the Council’s Shire’s management has the positive intention   and ability to hold to maturity. They are subsequently measured at amortised cost. Gains or losses are recognised in profit or loss.                                         

                                                                 

Held-to-maturity investments are included in current assets where they are expected to     mature within 12 months after the end of the reporting period. All other investments are        classified as non-current.                                                 

(iv) Available-for-sale financial assets                                                     

Available-for-sale financial assets are non-derivative financial assets that are either not suitable to be classified into other categories of financial assets due to their nature, or they are designated as such by management. They comprise investments in the equity of other entities where there is neither a fixed maturity nor fixed or determinable payments.                                                   

                                                                 

They are subsequently measured at fair value with changes in such fair value (i.e. gains or losses) recognised in other comprehensive income (except for impairment losses). When the financial asset is derecognised, the cumulative gain or loss pertaining to that asset previously recognised in other comprehensive income is reclassified into profit or loss.      

                                                                 

Available-for-sale financial assets are included in current assets, where they are expected to be sold within 12 months after the end of the reporting period. All other available for sale financial assets are classified as non-current.                                                 

 

          (v)     Financial liabilities                                                     

Non-derivative financial liabilities (excl. financial guarantees) are subsequently measured at amortised cost. Gains or losses are recognised in the profit or loss.                                               

                                                                 

          Impairment                                                     

A financial asset is deemed to be impaired if, and only if, there is objective evidence of impairment as a result of one or more events (a “loss event”) having occurred, which has an impact on the estimated future cash flows of the financial asset(s).                                              

                                                                 

In the case of available-for-sale financial assets, a significant or prolonged decline in the market value of the instrument is considered a loss event. Impairment losses are recognised in profit or loss immediately. Also, any cumulative decline in fair value previously recognised in other comprehensive income is reclassified to profit or loss at this point.                                                

In the case of financial assets carried at amortised cost, loss events may include: indications that the debtors or a group of debtors are experiencing significant financial difficulty, default or delinquency in interest or principal payments; indications that they will enter bankruptcy or other financial reorganisation; and changes in arrears or economic conditions that correlate with defaults.                                                

For financial assets carried at amortised cost (including loans and receivables), a separate allowance account is used to reduce the carrying amount of financial assets impaired by credit losses.  After having taken all possible measures of recovery, if management establishes that the  carrying amount cannot be recovered by any means, at that point the written-off amounts are   charged to the allowance account or the carrying amount of impaired financial assets is reduced directly if no impairment amount was previously recognised in the allowance account.

 

Derecognition                                              

Financial assets are derecognised where the contractual rights for receipt of cash flows expire or the asset is transferred to another party, whereby the Council no longer has any significant continual involvement in the risks and benefits associated with the asset.                                             

                                                                 

Financial liabilities are derecognised where the related obligations are discharged, cancelled or   expired. The difference between the carrying amount of the financial liability extinguished or transferred to another party and the fair value of the consideration paid, including the transfer of non-cash assets or liabilities assumed, is recognised in profit or loss.                                     

                                                                 

(m)   Impairment of Assets                                              

                                                                 

In accordance with Australian Accounting Standards the Council’s Shire’s assets, other than inventories, are assessed at each reporting date to determine whether there is any indication they may be impaired.                                                  

Where such an indication exists, an impairment test is carried out on the asset by comparing the recoverable amount of the asset, being the higher of the asset’s fair value less costs to sell and value in use, to the asset’s carrying amount.                                                    

Any excess of the asset’s carrying amount over its recoverable amount is recognised immediately in profit or loss, unless the asset is carried at a revalued amount in accordance with another standard (e.g. AASB 116) whereby any impairment loss of a revaluation decrease in accordance with that other standard.                                               

 

For non-cash generating assets such as roads, drains, public buildings and the like, value in use is represented by the depreciated replacement cost of the asset.                                                

                                                                 

At the time of adopting this budget, it is not possible to estimate the amount of impairment losses (if any) as at 30 June 2015.                                                    

In any event, an impairment loss is a non-cash transaction and consequently, has no impact on this budget document.                                            

         

(n)     Trade and Other Payables                                               

                                                                 

Trade and other payables represent liabilities for goods and services provided to the Council Shire prior to the end of the financial year that are unpaid and arise when the Council Shire becomes obliged to make future payments in respect of the purchase of these goods and services. The amounts      are unsecured, are recognised as a current liability and are normally paid within 30 days of recognition.

 

 (o)   Employee Benefits                                                   

                                                                 

          Short-Term Employee Benefits                                                  

Provision is made for the Council’s Shire’s obligations for short-term employee benefits. Short-term employee benefits are benefits (other than termination benefits) that are expected to be settled wholly before 12 months after the end of the annual reporting period in which the employees      render the related service, including wages, salaries and sick leave. Short-term employee       benefits are measured at the (undiscounted) amounts expected to be paid when the obligation is settled.                                               

The Council’s Shire’s obligations for short-term employee benefits such as wages, salaries and sick leave are recognised as a part of current trade and other payables in the statement of financial position. The Council’s Shire’s obligations for employees’ annual leave and long service leave entitlements are recognised as provisions in the statement of financial position.                                                     

          Other Long-Term Employee Benefits                                                 

Provision is made for employees’ long service leave and annual leave entitlements not expected to be settled wholly within 12 months after the end of the annual reporting period in which the    employees render the related service. Other long-term employee benefits are measured at the present value of the expected future payments to be made to employees. Expected future payments incorporate anticipated future wage and salary levels, durations or service andemployee departures and are discounted at rates determined by reference to market yields at the end of the reporting period on government bonds that have maturity dates that approximate the     terms of the obligations. Any remeasurements for changes in assumptions of obligations for other long-term employee benefits are recognised in profit or loss in the periods in which the changes occur.                                                       

                                                                 

The Council’sShire’s obligations for long-term employee benefits are presented as non-current provisions in its statement of financial position, except where the Council Shire does not have an unconditional right to defer settlement for at least 12 months after the end of the reporting period, in which case the obligations are presented as current provisions.                                           

                                                                 

(p)    Borrowing Costs                                              

                                                                 

Borrowing costs are recognised as an expense when incurred except where they are directly attributable to the acquisition, construction or production of a qualifying asset.  Where this is the case, they are capitalised as part of the cost of the particular asset until such time as the asset is substantially ready for its intended use or sale.                                                      

                                              

(q)    Provisions                                               

                                                                 

Provisions are recognised when the Council Shire has a legal or constructive obligation, as a result of past events, for which it is probable that an outflow of economic benefits will result and that outflow can be reliably measured.                                                   

Provisions are measured using the best estimate of the amounts required to settle the obligation at the end of the reporting period.                                                

(r)     Current and Non-Current Classification                                                     

                                                                 

In the determination of whether an asset or liability is current or non-current, consideration is given to the time when each asset or liability is expected to be settled. The asset or liability is classified as current if it is expected to be settled within the next 12 months, being the Council’s operational cycle. In the case of liabilities where the Council Shire does not have the unconditional right to defer settlement beyond 12 months, such as vested long service leave, the liability is classified as current even if not expected to be settled within the next 12 months.  Inventories held for trading are classified as current even if not expected to be realised in the next 12 months except for land held for sale where it is held as non-current based on the Council’s intentions to release for sale.                                                   

 (s)    Leases

 

Leases of fixed assets where substantially all the risks and benefits incidental to the ownership of the asset, but not legal ownership, are transferred are classified as finance leases.

 

Finance leases are capitalised recording an asset and a liability at the lower amounts equal to the fair value of the leased property or the present value of the minimum lease payments, including any guaranteed residual values. Lease payments are allocated between the reduction of the lease liability and the lease interest expense for the period.

 

Leased assets are depreciated on a straight-line basis over the shorter of their estimated useful lives or the lease term.

 

Lease payments for operating leases, where substantially all the risks and benefits remain with the lessor, are charged as expenses in the periods in which they are incurred. Lease incentives under operating leases are recognised as a liability and amortised on a straight-line basis over the life of the lease term.

 

(t)     Comparative Figures                                              

                                                                 

Where required, comparative figures have beenare adjusted to conform with changes in presentation for the current budget year.                  

 

 (tu)  Budget Comparative Figures                                                    

                                                                 

Unless otherwise stated, the budget comparative figures shown in this the budget document relate to the original budget estimate for the relevant item of disclosure. 

 


 

Corporate Services                                                        2.2.8

Finance

TITLE:

Self-Supporting Loans

ADOPTED:

OMC……………………….. – Pages


REVIEWED:

NA

ASSOCIATED LEGISLATION:

Local Government Act 1995

s6.20 Power to Borrow

s6.21 Restrictions on borrowing

ASSOCIATED DOCUMENTS:

Policy 1.1.10 Internal Controls

Strategic Community Plan

Corporate Business Plan

Long Term Financial Plan

REVIEW RESPONSIBILITY:

Manager Financial Services

DELEGATION:

NA

Previous Policy Number NA

Part A

 

Objective:

To establish the principles and constraints for the utilisation of Shire of Broome (Shire) borrowings to finance self-supporting loans for community-based organisations currently leasing or occupying land or buildings vested in the Shire.

 

Policy Statement:

 

This Policy only applies to community-based organisations that lease or occupy land and/or buildings owned or vested in the Shire.

 

Self-supporting loans shall only be utilised for capital asset acquisition or development and not for operational equipment or operating expenses. There must be objective and compelling evidence that providing a self-supporting loan would deliver positive benefits to the community.

 

Council will only consider requests for self-supporting loans where the applicant has exhausted all other financial avenues, such as grants, sponsorship, fundraising or application for credit from a lending institution. The Shire is not a lender-of-last-resort for community-based organisations or sporting groups.

 

 

The Shire will only provide access to self-supporting loans when the Shire’s financial circumstances permit and in exceptional circumstances such as:

 

a.   To mitigate serious risks and/or meet urgent capital requirements that will deliver substantial benefits to the community consistent with the Shire’s Strategic Community Plan and priorities identified in the Corporate Business Plan.

b.   Where the self-supporting loan forms part of a matching community grant component (e.g. CSRFF).

c.   Where in the view of Council, the use of the Shire’s borrowings for a self-supporting loan will deliver benefits to the community that materially outweighs likely benefits from the alternative purposes from which the said borrowings would have to be diverted. 

d.   Where in the view of Council there is compelling justification for the Shire to act as lender instead of a bank or other financial institution.

 

Provision of self-supporting loans by the Shire is subject to sound financial risk mitigation safeguards which include but are not limited to:

·    The financial position of the Shire;

·    Prevailing budget circumstances;

·    Forecast funding requirements for municipal funds and capital projects;

·    Competing demands for funds, debt financing structure;

·    Eligibility of the requesting organisation, and the ability of the requesting organisation to repay borrowings; and

·    The capacity of the Shire to borrow.

 

Officers will assess applications against this Policy and its associated Business Operating Procedures, and make a determination as to the eligibility of the application. Ineligible applications will not be submitted to Council for their consideration.

Council will consider eligible loan requests at its Ordinary Council Meetings in accordance with this policy. Applicants will be advised in writing as to the success of their application.

 

Council will make provision in the annual budget for minor sporting facility funding, subject to prevailing financial circumstances.

 

Council will seek all remedy available to it under the law to recover delinquent repayment of loans.

 

Part B

 

Management Procedures

 

Objective:

 

To establish procedures for the consideration, approval and administration of self-supporting loans for community-based organisations and to provide a guideline in determining eligibility of applicants, assessment of applications and the allocation of Shire borrowings to self-supporting loans for community-based organisations.

 

 

Application:

 

Application Requirements

 

1.   The applicant must be based locally in Broome and be an incorporated body occupying or leasing land and/or buildings owned or vested in the Shire.

2.   Applications must be for the construction and/or acquisition of capital assets including but not limited to:

a.   constructing or improving facilities for use in connection with the activities of the organisation or club; or

b.   for the erection or improvement of buildings associated with or incidental to those facilities;

on lands which are owned by, vested in, or under the care, control and management of, the Shire.

3.   Applicants should be able to make a reasonable co-contribution and/or attract other funding or sponsorship to the project.

4.   The lease must have an expiry date at least two years post the expiry of the loan.

5.   All self-supporting loan applicants shall provide the following information for assessment:

a.   Shire of Broome Self-Supporting Loan Application (Appendix A)

b.   Audited financial statements for five years preceding the year of application to present the financial position and results of operations.

c.   Certificate of Incorporation.

d.   Articles of Association or Constitution outlining office holder’s financial liabilities and responsibilities, and winding up clause.

e.   Membership records for preceding five years.

f.    Certificate of Currency for appropriate Public Liability Insurance

g.   Statement demonstrating alternative funding options have been investigated prior to seeking the Shire’s assistance and the reasons why they weren’t successful.

h.   Statements demonstrating the need for the loan together with a business plan for the construction and/or capital acquisition which is to include detailed costings and an overall budget.

i.    Forward financial plans (e.g. 5-year business plan) to cover the term of the loan which are certified by a Certified Practising, Chartered or similarly qualified and experienced Accountant.

j.    Statements of satisfactory past payment history from at least three (3) principal suppliers (e.g. credit references). The Shire may be included where such history exists.

k.   Names of up to three persons, at the discretion of the Director Corporate Services, who will guarantee the clubs and /or associations liability for the loan repayments.

l.    Evidence of adequate security/collateral.

m.  Any additional information that will assist the Council with consideration of the application.

 

Assessment of Applications

 

1.   The assessment of applications will be undertaken by the Director Corporate Services, Manager Financial Services and the Coordinator Financial Services who will then put a recommendation to the Audit and Risk Committee for consideration.

2.   Matters that are to be considered include:

a.   The current number of self-supporting loans the Shire may have.

b.   The Shire’s Long Term Financial Plan and forecast debt financing capacity across the prospective life of a requested loan.

c.   Regulated borrowing limits as determined by WA Treasury Corporation (WATC).

d.   Funding to any one (1) applicant is to be limited to $300,000 at any time.

e.   Debt Service Coverage Ratio (calculated as annual surplus before interest expense and depreciation divided by annual debt service payments) meets the required Department of Local Government Standard.

i. Below is the indicator which is used by the WATC in considering loan applications from the Shire:

1.   Standard is NOT met if ratio is less than two

2.   Basic Standard if ratio is between 2 and 5

3.   Advance Standard if greater than 5

f.    Indebtedness Ratio – measures the extent to which past borrowings principal outstanding relate to the Shire’s discretionary general revenue. Target = < 0.4. The level of consolidated self-supporting assistance to groups in any one year may not exceed annual repayment of principal and interest of more than 0.5 per cent of rates revenue.

g.   Annual budget and current financial position of the Shire.

h.   Stability, sound management, membership base, community accessibility and longevity of applicant organisation.

i.    Debenture security over assets (including lease) of organisation if considered appropriate.

j.    Not duplicate or overlap with existing similar activities.

k.   Contribute towards Council’s Strategic Plan.

l.    Compliance with legislative requirements associated with borrowing monies in accordance with section 6.20 of the Local Government Act 1995 (LGA).

3.   Assessment of Applications will be based on:

a.   Demonstrated ability to repay the loan on time and for the loan to be repaid in full at the end of the loan period.

b.   Benefit to the wider community.

c.   The community organisation that is applying for the loan must have been in existence for at least 5 years and can clearly demonstrate financial sustainability and a stable and / or increased membership.

d.   The life of the capital asset acquisition or development exceeds the life of the self-supporting loan.

e.   Whether all other funding options have been fully exhausted.

4.   Applicants should obtain any necessary licences or approvals, meet design and documentation requirements, and provide robust costs estimates for the project. Documentation and cost estimates need to take into account all Occupational Health and Safety obligations, environmental requirements, work methods and must include all other project costs.

 

Ineligible Applications

The following list provides examples of applications that are not considered eligible for funding. This is not an exhaustive list and is provided to provide direction for officers assessing applications.

•    Individuals.

•    Organisations that operate for commercial purposes.

•    Projects or events that are run for commercial purposes.

•    Applications for funding public liability insurance.

•    Organisations that have not satisfactorily acquitted previous funding applications to Shire by the due date.

•    Applications for ‘phased’ projects or for project design costs.

•    Ongoing operational or administrative costs.

•    Activities that are the primary responsibility of other funding agencies.

•    Remissions of rates.

•    Proposals which may lead to a continued dependence upon Council funds.

 

Term of Loan

 

1.   The term of the loan shall not exceed the term of any existing lease agreement.

2.   The term of the loan shall be as determined by Council subject to certain limitations.

3.   The term of the loan should be less than or equal to the half-life of the capital asset acquisition or development being undertaken. This enables the community-based organisation sufficient time to set aside a cash reserve for future refurbishment or replacement. If the term of the loan is longer than the half-life of the capital asset acquisition or development being undertaken, the organisation is to demonstrate how it will fund future refurbishment or replacement whilst still servicing the loan.

4.   The term of the loan can be less than the maximum if the Applicant has the ability to repay the loan over a shorter timeframe.

 

Self-supporting Loan Amount

Maximum Term of Loan*

Up to $50,000

5 years

$50,000 - $99,999

10 years

$100,000 and above

15 years

*Note that these are indicative only and will be dependent upon each application

 

5.   Loans will be provided at the same interest rate, loan period and repayment terms as the loan drawn by the Shire to support the community-based organisation.

 

Approval Requirements

 

1.   The final decision on the granting of a self-supporting loan will be by resolution of the Council via the adoption of the annual budget which includes details of the proposed self-supporting loan.

2.   Any proposal to lend to a community-based organisation that has not been included in the Shire’s annual budget must be advertised for one month in accordance with Section 6.20(2) of the LGA.

3.   A ‘Deed of Loan’ for the period of loan repayments is to be prepared and executed as contractual evidence for repayment of the loan.

4.   Funds will only be released after documentary proof of significant expenditure (or committed expenditure) is submitted by the applicant.

5.   For each year of the loan an independently audited end of year financial statement must be supplied to the Shire.

6.   If requested by the Shire, a profit and loss statement must be produced within three (3) weeks of the request being made.

7.   No community based organisation can have more than one self-supporting loan at any one time.

8.   The loan will not be a revolving credit that includes a re-draw facility.

 

Administration Costs and Loan Guarantee Fees

 

The following costs incurred by the Shire will be recouped from clubs or organisations applying for self-supporting loans:

1.   Actual advertising costs (including GST).

2.   Costs associated with the preparation and stamping of the ‘Deed of Loan’.

3.   Loan Application Fee as determined by the Council when setting the fees and charges.

4.   Stamp duties or other duties or taxes applicable to the self-supporting loan application or documentation, will be charged to the applicant at actual cost.

5.   WATC government loan guarantee fees.

6.   Penalty interests and loan default charges incurred by the Shire as a result of the borrowing organisation.

7.   Any additional charges associated with the self-supporting loan.

 

Loan Repayment Administration

Once the loan has been established, officers must process the repayment of the loan to the lending institution and raise debtors invoices to the community organisation within a sufficient time period prior to the due date for each repayment instalment as per the loan repayment schedule.

Loan Default

 

1.   Any default of loan repayments will incur penalty interest as determined by the Council when setting the fees and charges, unless arrangements have been made with Council, prior to the re-payment being defaulted.

2.   If the community-based organisation defaults on a loan, it will not be permitted to receive any further self-supporting loans from the Council until the outstanding loan is repaid in full. In exceptional circumstances this may be reviewed, but not until the timeframe allowed for the initial loan expires.

3.   Should an organisation default on loan payments, Council will take whatever action it considers necessary in accordance with the LGA to recover the funds. Council may enter into an agreed, mutually beneficial repayment arrangement with the organisation to facilitate repayment of the loan funds.

4.   The community-based organisation must insure and keep insured the capital asset acquired and any other assets that are security over repayment of a loan. Failure to do so constitutes default.

5.   Defaulting on the loan may implicate future leasing arrangements between the Shire and the lessee. In extreme cases, Council may consider closing the use of the facilities to the club or community group in default and taking legal action to recover funds.

6.   Officers will need to assess and confirm the organisation’s public liability insurance provisions and if an incorporated association, whether office holders have been indemnified. Board members, committee members, and directors of organisations may need director’s insurance as they can be held personally liable for acts of negligence and personal assets can be seized to recover unpaid debts and damages.

 

Interest on Unremitted Loan Funds

Where a club or organisation is meeting the full costs of a project, and the self-supporting loan funds have been drawn down but not remitted to the borrowing organisation, any interest earned on the un-remitted funds will be credited to their debtor account.

 

Reallocation of Surplus Loan Funds

After completion of the project should any loan funds remain unspent, in addition to the provisions of section 6.20(3)(b) of the LGA, officers responsible for the activity or project for which a loan is raised shall prepare a recommendation to Council for approval of the re-allocation or return of loan funds to the lending institution. The reallocation or repayment will be subject to the merits, financial implications and risk assessment of reallocating or repayment of the surplus loan funds.

 

 

 

Appendix A: Application for Self-Supporting Loan

 

 

Application for Self-Supporting Loan

 

1.  APPLICANT DETAILS

Rates Assessment Number (if applicable): A

Applicant’s Legal Name:

Registered: Address:

Postal Address:

Contact Person:

ABN:

Telephone:

Postcode:

Mobile:

Fax:

Email

 

2.  ELIGIBILITY

 

r

Is the Organisation an incorporated body?

r

Does the Organisation have an ABN?

r

Has the Organisation been operational for at least 5 years?

r

Can the Organisation demonstrate an established relationship with the Shire?

r

Will the results from the loan be an asset?

r

Are the land / buildings that the Organisation lease / occupy under control/ownership of the Shire?

 

3.  LOAN INFORMATION

 

Loan amount required:

 

Term of Loan:

 

Purpose of Loan:

 

 

Description of the Project:

 

 

 

 

 

4.  DOCUMENT REQUIREMENTS (please provide a copy of the following documents)

 

r

Certificate of Incorporation

r

Constitution and provisions for office holder liability and winding up

r

ABN Certificate

r

Plans and specifications associated with the project

r

Audited financial statements for the last five (5) years

r

Membership records for preceding 5 years

r

Current 3-5 year business plan

r

Detailed costings, cash flow outlays, and budget for the project

r

Details of other sources of project funding

r

Statement demonstrating alternative funding options have been investigate prior to seeking Council’s assistance

r

Statement demonstrating the need for the loan

r

Demonstration of ability to repay loan

r

Forward financial plans to cover the term of the loan

r

Payment history/ credit reference from three (3) principal suppliers

r

Public liability insurance certificate, for incorporated associations indemnity of office holders, and/or director’s insurance for office holders

r

Any other information for consideration

 

 


 


CORPORATE SERVICES                                                2.3.1

Information Services

 

TITLE:

RECORDS MANAGEMENT

ADOPTED:

OMC 19 March 2009 – Pages 26 – 31

REVIEWED:

OMC 15 March 2012 – Pages 96 – 103

OMC 27 March 2014 - Pages 94 – 99

OMC 17 December 2015 – Pages 110 - 121

ASSOCIATED LEGISLATION:

State Records Act 2000

Freedom of Information Act 1992

Local Government Act 1995

ASSOCIATED DOCUMENTS:

 

REVIEW RESPONSIBILITY:

Manager Information Services

DELEGATION:

 

Previous Policy Number 1.2.10

 

Part A

 

Objective:

1.    To incorporate the principles of current government records legislation and standards into the Shire of Broome’s record keeping functions. The main aim is to ensure uniformity and consistency in the creation and maintenance of record keeping systems at the Shire of Broome.

 

2.    To define the roles and responsibilities of individuals who manage or perform record keeping processes for, or on behalf of the Shire of Broome.

 

3.    To prescribe a systematic and organised approach in the management of the Shire’s government records.

 

Policy

 

The Shire of Broome recognises its records as a corporate asset.

 

The effective maintenance of all corporate records will ensure all corporate records are maintained effectively to ensure a full and accurate history of the Shire’s business dealings, accountability and transparency in decision making and support compliance with relevant evidentiary and statutory requirements.

 

 

Part B

 

Management Procedure

 

Scope

 

This Management Procedure applies to all records created or received by Shire of Broome employees (permanent, temporary and casual); Councillors in their official capacity; or organisations performing outsourced services (contractors) on behalf of the Shire of Broome, regardless of their physical format, storage location or date of creation.

 

Definition

 

Record (State Records Act 2000)

 

For the purposes of this document, a record is defined as meaning “any record of information however recorded” and includes –

a) Anything on which there is writing or Braille;

b) A map, plan, diagram or graph

c) A drawing, pictorial or graphic work, or photograph;

d) Anything on which there are figures, marks, perforations or symbols having meaning for persons qualified to interpret them;

e) Anything from which images, sounds or writings can be reproduced with or without the aid of anything else; and

f) Anything on which information has been stored or recorded, mechanically, magnetically or electronically.

 

Significant Records

 

Significant records contain information which is of administrative, legal, fiscal, evidential or historical value and are not recorded elsewhere on the public record. They describe an issue, record who was involved, record why a decision was made, and may embody actual guidelines.

 

Vital Records

 

Vital records are records that are essential to the continued business of the Shire. Vital records include those that protect the rights of individuals and the Shire, and are essential or the Shire’s reconstruction in the event of a disaster. Examples of vital records include core computer system records, Council and Committee Minutes and Agendas, Financial and Budget records, Title Deeds, Policy and Procedure Manuals, Registers, Contracts/Tenders, Licences, Historical documents, Delegation of Authority, Insurance Policies, Town Planning Scheme deeds/information and any document detailing approvals of some kind.

 

Ephemeral Records

 

Ephemeral records are duplicated records and/or those that have only short-term value to the Shire, with little or no on-going administrative, fiscal, legal, evidential or historical value. They may include insignificant drafts and rough notes, and for records of routine enquiries.

 

Non-Records

 

Non-records are documents that are generally available in the public domain and do not form part of a business process in respect to the Shire’s activities. They are generally used for reference and information purposes, such as reports or plans from another organisation, a published directory, or a training manual of a third-party Roles and Responsibilities

 

Councillors

 

All Councillors are to create, collect and retain records relating to their role as a Councillor for the Shire of Broome in a manner commensurate with legislation and the Shire’s policies and procedures for record keeping. Council electioneering and personal records of Councillors are exempt.

 

The policy approach of the State Records Commission in monitoring the record keeping obligations in respect to Local Government Councillors is:

 

“The State Records Commission policy regarding the records of councillors requires the creation and retention of records of the communications and transactions of councillors which constitute evidence affecting the accountability of the Council and the discharge of its business. This policy applies regardless of a record’s format or where it was received.

 

Councillors must create and keep records of communications or transactions, which convey information relating to local government business or functions. Records that should be captured include:

·  Communications from ratepayers, work diaries, telephone, meetings and other verbal conversations regarding local government projects or business activities, presentation and speeches.

 

Records that do not need to be captured include:

·  Duplicate copies, draft or working papers, publications, invitations, telephone, meetings and other verbal conversations that do not relate to local government projects or business activities, electioneering and Personal records.

 

Destruction of records – return all records to the local government for authorised and legal destruction.”

 

Chief Executive Officer

 

The Chief Executive Officer is responsible for ensuring that records and documents of the local government are properly kept for the purposes of the Local Government Act 1995 and any other written law.

 

All Staff

 

All staff are to ensure all records created or received in their official capacity are appropriately captured and retained within approved central corporate record keeping system/s. This includes identifying and appropriately capturing vital/significant records and appropriate handling of ephemeral or non-records.

 

Contractors

 

Contractors must keep accurate, complete and current written records in respect of the Contract, including;

·    the type of goods or services, including the separate tasks, supplied to the Shire on each day during the term;

·    the time that the Contractor spent providing the goods or services on each day during the term; and

·    the name, job status and title of all personnel who provided the goods or services or were responsible for supervising the provision of the goods or services.

 

The Contractor must also:

·    Comply with the directions of the Shire in relation to the keeping of records whether those directions relate to the period before or after the expiry of the term.

·    Keep all records for at least 7 years after final payment under the Contract or after the expiry of the term, whichever is the later; or termination of the Contract.

·    Permit the Shire reasonable access to all records created or received in their custody or control of the Contractor used in the performance of the contract.

 

Custodianship of Records

 

Ownership and proprietary interest of records created or collected during the course of business (including those from outsourced bodies or contractors) is vested in the Shire of Broome.

 

Creation of Records

 

All Councillors, staff and contractors will create full and accurate records, in the appropriate format, of the Shire’s business decisions and transactions to meet all legislative, business, administrative, financial, evidential and historical requirements.

 

Capture and Control

 

All records created and received in the course of Shire business are to be captured at the point of creation, regardless of format, with required metadata, into appropriate record keeping and business systems that are managed in accordance with sound record keeping principles.

 

Security and Protection of Records

 

All records are to be categorised as to their level of sensitivity and adequately secured and protected from violation, unauthorised access or destruction, and kept in accordance with necessary retrieval, preservation and storage requirements.

 

Access to Records

 

Access to the Shire’s records will be in accordance with designated access and security classifications as determined by the Chief Executive Officer and as administered by the Coordinator Records.

 

Access to the Shire’s records by Councillors will be through the Chief Executive Officer (CEO) in accordance with the Local Government Act 1995, sections 5.41 and 5.92.

 

Inspection of the Shire’s records by contractors, third parties and the general public will be in accordance with the Local Government Act 1995 section 5.94 and the Freedom of Information Act 1992.

 

Appraisal, Retention and Disposal of Records

 

All records kept by the Shire will be disposed of in accordance with the General Disposal Authority for Local Government Records, produced by the State Records Commission.

 

Statutory Obligations

 

There are legislative requirements for managing records. The primary legislation relating to the keeping of public records is the State Records Act 2000. Other legislation that affects records management includes (but not limited to):

·      Local Government Act 1995

•  Freedom of Information Act 1992

•  Electronic Transactions Act 2000

•  Financial Administration and Audit Act 1985

•  Evidence Act 1906

•  Criminal Code 1913 (Section 85)

 

Record Keeping Plan - Comprehensive Review

 

The Shire’s Record Keeping Plan will be reviewed no less than every five (5) years.

 

Annual Report Compliance

 

State Records Commission Standard 2 – Record Keeping Plans, Principle 6: Compliance requires each government organisation (which includes Local Government Authorities) to include within its Annual Report an appropriate section that addresses the following four (4) points:

•  The efficiency and effectiveness of the organisation’s record keeping systems is evaluated not less than once every five (5) years.

•  The organisation conducts a record keeping training program.

•  The efficiency and effectiveness of the record keeping training program is reviewed from time to time.

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

 

The brief report will include the following information:

•  Statement regarding the organisation’s commitment to good and compliant record keeping practices;

•  Details of the Record Keeping Training Program and key findings from the annual review;

•  Brief statement regarding how the Record Keeping Induction addresses employee record keeping roles and responsibilities;

•  Annualized Corporate Record Keeping Indicators (including a comparison to the previous year);

•  Brief statement regarding results of Record Keeping Audits conducted during the year;

•  Brief statement regarding any significant improvements or developments of the Record Keeping System; and

•  If the Annual Report is published after a five-year comprehensive review of the Record Keeping System, details of key findings and recommendations of the review.

Definitions:


For the purposes of this policy, a record means any record of information however recorded and includes:

anything on which there is writing;

a map, plan, diagram or graph;

a drawing, pictorial or graphic work, or photograph;

any thing on which there are figures, marks, perforations or symbols, having a meaning for persons qualified to interpret them;

any thing from which images, sounds or writings can be reproduced with or without the aid of anything else; and

any thing on which information has been stored or recorded, either mechanically, magnetically, or electronically.

Within the scope of this definition and Councils’ perspective, a government record is deemed to be a record created or received by Council, Councillor or an employee or contractor in the course of work for Council. The record may record a business decision, transaction or reflect a current state of knowledge and is generated as part of a business process.

Note: Unless otherwise indicated, reference to the term ‘record’ in the body of this policy refers to a government record.

 

Records are categorised as:

Insignificant Records – records with little or no on-going administrative, fiscal, legal, evidential or historical value. They may include insignificant e-mails, preliminary drafts and rough notes or records of routine enquiries. These records generally need to be kept for only a limited or short period of time and may be destroyed when reference to them ceases.

Significant Records - records containing information that is of administrative, legal, fiscal, evidential or historical value and is not recorded elsewhere on the public record. They describe an issue, record who was involved, record why a decision was made, and may embody actual guidelines. These records need to be incorporated into the Council’s record keeping systems.


Important Note: Distinguishing between significant and insignificant records is a matter of judgment. If an officer is uncertain about a particular record’s status, it would be preferable to refer the matter to Records for determination.

Vital Records - are records that are essential to the continued business of the Shire. Vital records include those that protect the rights of individuals and the Shire and are absolutely essential for the Shire’s reconstruction in the event of a disaster. As for significant records, vital records have a continuing value to the organisation and need to be incorporated into the Council’s record keeping systems.

 

Policy:

 

1. Introduction

Under current records-related legislation such as the State Records Act, the Freedom of Information Act and the accredited standard ISO 9001:2000 the Shire of Broome is obliged to maintain record keeping systems that are dedicated to the creation and control of Council’s records.

 

The systems have to ensure that Council’s records accurately and adequately record the performance of its functions and are able to contribute towards informed decision-making at the Shire of Broome.

 

The policy applies to all government records, which are created or received by the Shire of Broome (or on behalf of), regardless of their media, date of creation or storage location.

 

2. Policy Statement

The Shire of Broome recognises its records as a corporate asset. Complete and accurate records of all business decisions and transactions are to be recorded in the Shire's records keeping systems both in respect to their content and context. The records are to be managed in accordance with the relevant legislation and Council policy and procedures.

Records creation: All Councillors, staff and contractors are to create full and accurate records in the appropriate format of the Shire’s business decisions and transactions;

Records capture and control: All records created and received in the course of the Shire’s business (including paper or electronic items) are to be captured and where appropriate recorded into the Shire’s record keeping systems;

Records access: Access to the Shire’s records by staff and contractors will be in accordance with designated access and security classifications.

Access to the Shire’s records by the general public will be in accordance with the Freedom of Information Act (1992), Local Government Act (1995) and existing Shire guidelines.

Access to the Shire’s records by Councillors will be via the Chief Executive Officer in accordance with the Local Government Act (1995);

Records registers: Registers are to be maintained of the existence and location of all significant and vital records, records series and special categories including tenders and contracts;

Records protection and security: All records are to be managed and adequately protected and stored according to whether they are significant or insignificant records or vital records, and in accordance with their security classification definitions;

Contractual and outsourcing obligations: All contractual arrangements are to ensure the Shire's ownership of its government records;

Retention / Disposal actions : All records within record keeping series maintained by the Shire of Broome are to be disposed of in accordance with the State Records Office's General Disposal Schedule for Local Government Records (GRADS); and;

Records transfer: Records are not to be removed from the Shire's sites unless the transfer is recorded in the relevant record keeping system.

 

3. Roles and Responsibilities

 

3.1 Elected Members

Councillors are to make sure that they are aware of the record keeping procedures that ensure records are created and kept of their participation in the decision making processes of Council.

3.2 Chief Executive Officer

The Chief Executive Officer is to ensure that there is a organisational system for the maintenance and management of records that is compliant with government record keeping legislation and Council’s guidelines and procedures.

3.3 Managers

All managers are to ensure that there are records management systems established to manage the records under their control. They are also to ensure that all new staff are inducted as to their record keeping responsibilities.

3.4 All staff

All staff are to create, maintain and retain records relating to the business activities they perform. They are to identify insignificant, significant and vital records and ensure significant and vital records are captured and recorded in the appropriate record keeping system/s, and are protected and disposed of in accordance with the State Records Office's General Disposal Schedule for Local Government Records

4. Policy Ownership

 

The custodianship of this Policy is the Director Corporate Services. The Manager Information Services has operational responsibility for the Policy.

5. Review

This policy is to be reviewed by the Manager Information Services every two years.

 


DEVELOPMENT AND COMMUNITY                                 3.1.1

Development and Community

TITLE:

Compliance and enforcement

ADOPTED:

OMC 25 May 2017 – Pages 85 - 260

REVIEWED:

 

ASSOCIATED LEGISLATION:

Building Act 2011

Cat Act 2011

Dog Act 1976

Emergency Management Act 2005

Food Act 2008

Litter Act 1979

Local Government Act 1995

Planning and Development Act 2005

Public Health Act 2016

ASSOCIATED DOCUMENTS:

Local Planning Scheme No. 6

Shire Local Laws

REVIEW RESPONSIBILITY:

Director Development Servicesand Community

DELEGATION:

 

Previous Policy Number: 4.1.24

 

Objective:

 

To guide the Development and CommunityServices Directorate in undertaking its enforcement and compliance activities, by outlining:

1.   The aims and goals underpinning the enforcement activities undertaken by the Shire with respect to offences against State legislation and Shire local laws.

2.   The criteria to be considered in determining whether the Shire will take enforcement action.

3.   The manner in which matters requiring enforcement action will be classified and actioned.

4.   Enforcement options available to the Shire.

5.   The criteria considered in determining what enforcement option the Shire will apply to the offending conduct.

6.   The process of escalation where major offences are dealt with and enforcement is required.

7.   Considerations relevant to the exercise of officer discretion.

 

Definitions:

 

alleged offence means the alleged contravention of a local law or relevant law.

 

alleged offender means a person who or which is suspected of having committed an offence under a local law or relevant law.

 

enforcement initiative see clause 3.12.1 of this policy.

 

issuing officer means the officer who issues a compliance notice or formal letter of warning.

 

LG Act means the Local Government Act 1995 (WA).

 

local law means a Shire of Broome local law.

 

officer means an officer of the Shire of Broome.

 

relevant law means the relevant piece of State legislation that is being enforced or under which the Shire or its officers are acting.

 

Shire means the Shire of Broome.

 

Policy:

 

1.     Introduction

 

1.1   The Shire has responsibility for regulating various matters under local laws and relevant laws.  The enforcement of these laws is necessary to ensure the good governance of the Shire.

 

1.2   The Development Services Directorate has responsibility for implementing and enforcing many of these laws. 

 

1.3   The Shire takes enforcement action to:

 

(a)   Stop the offending conduct, by:

(i)    ensuring that a potential offence is lawfully prevented; and

(ii)   ensuring that a proven offence cannot continue to exist or be recommitted.

 

(b)   Facilitate redress for those affected by the offending conduct.

 

(c)   Change the behavior of persons concerned to promote further compliance with local laws and relevant laws.

 

(d)   Raise the level of public awareness in relation to legislative requirements.

 

(e)   Where appropriate, penalise an offender for non-compliance.

 

1.4   The Shire will seek to utilise its resources to:

 

(a)   deal, as a priority, with significant breaches; and

 

(b)   provide timely outcomes.

 

1.5   The Shire will seek to ensure that it is:

 

(a)   accountable for its activities; and

 

(b)   consistent in its decision making.

 

Exclusions

 

2.1   Compliance and enforcement undertaken in accordance with the Food Act 2008 will not be subject to this policy, and instead will be guided by Policy 4.2.13 Food Act 2018 Compliance and Enforcement.

 

2.     Enforcement initiatives

 

32.1 The Shire may identify specific issues or matters that will be the subject of a coordinated enforcement initiative, eg. illegal waste dumping in a specific area.

 

32.2 The selection of such issues or matters will be limited to enable the adequate and effective allocation of resources towards the enforcement initiative.

 

3.     Complaints about illegal activities

 

43.1 Complaints received by the Shire about alleged offences will be examined to determine if the matter requires further investigation.

 

43.2 If this examination shows the complaint to be vexations, groundless or outside the Shire’s jurisdiction, the matter should be finalised quickly through written communication with the complainant.

 

43.3 Complaints must be received in writing and include the name and contact details of the complainant, unless:

       

(a)  the matter is serious and could impact on public health and safety; and/or

 

(b)  the Director Development Services, Manager Health, Emergency & Rangers or Manager Planning & Building consider there are sound reasons the matter should be investigated in the absence of a written complaint.

 

4.     Enforcement criteria

 

54.1 The enforcement criteria in Schedule 1 will be considered by officers when deciding whether to pursue enforcement action.  Not all criteria need to be met for a matter to be referred for further investigation.

 

 

5.     Enforcement options

 

65.1 The circumstances of each particular case will determine what enforcement option is exercised.

 

65.2 The local law or relevant law will also determine the enforcement options that are available.

 

65.3 It may be appropriate to pursue more than one enforcement option at the same time.

 

65.4 Enforcement options that are available to the Shire include the following:

 

(a)   Verbal warning and/or provision of educational material

 

This enforcement option involves an officer providing a verbal warning (either in person or over the phone) that the subject conduct is unlawful and asking that the conduct cease or action be taken to rectify the offence. 

 

In addition or as an alternative:

 

(i)    educational material can be provided by an officer to an alleged offender containing information on the requirements of a local law or relevant law and advising how compliance can be achieved.

 

(ii)   a formal caution can be handed to the alleged offender by an appropriately authorised officer from a Shire caution book.

 

(b)   Formal letter of warning

 

This enforcement option involves the Shire forwarding to an offender a formal letter of warning that the subject conduct is unlawful and asking that the conduct cease or action be taken to rectify the offence.

 

(c)   Infringement notice

 

An infringement notice is a notice issued in accordance with the LG Act or a relevant law to a person believed to have committed an offence for which an infringement notice may be issued.  Infringement notices are commonly known as “on the spot” fines and impose a fine approximately 10% of the maximum penalty for an offence as set out in a local law or relevant law.

 

Given that an infringement notice is akin to an out of court settlement for an offence committed, the officer issuing an infringement notice is required (before issuing an infringement notice), to ensure that there is enough supporting evidence should the matter be contested before a Magistrate.  This means the evidentiary burden that applies to a prosecution must be satisfied or capable of being satisfied before an infringement notice is given to the alleged offender.

 

(d)   Compliance notice

 

This notice may have a different title (including being called an “order” instead of a “notice”) depending on the local law or relevant law and will be issued where there is a risk to the public or the environment/amenity.  This enforcement option can also be utilised where a formal letter of warning does not result in the action ceasing or the offence being rectified.

 

Before a compliance notice is issued, officers will:

·    ensure records of the offence are accurate and complete;

·    ensure witness evidence is available and credible;

·    responsibility for the offence can be determined from Shire records and the available information; and

·    the officer issuing the compliance notice is convinced, beyond a reasonable doubt, based on an investigation of the offence that the offence has been committed.

 

The compliance notice must meet all the requirements of the local law or relevant law under which it is issued.

 

(e)   Undertaking works

 

Where a compliance notice issued by the Shire requiring works to be carried out to remedy an offence has not been complied with, the Shire or its agent may be able to perform the required works to rectify the offence under the local law or relevant law. 

 

If the Shire has the legislative power to undertake the required works, it will be able to recover the cost of performing the work from the offender.

 

Undertaking works for the purposes of this policy also refers to the seizure of goods, equipment, etc in accordance with a local law or relevant law.

 

(f)    Wheel clamping

 

The Shire has the ability to clamp the wheels of a vehicle used for camping in a public place under the Local Government Property and Public Places Local Law 2016.

 

(g)   Enforcement order

 

This order may have a different title depending on the local law or relevant law.  The Shire can apply to the Court for certain orders to restrain or rectify unlawful conduct.

 

(h)   Prosecution

 

A prosecution involves the commencement of legal proceedings against a person in the Magistrates Court.

 

6.     Classification of enforcement matters

 

6.1  Matters considered for enforcement action will be assessed and classified as minor, moderate or major offences.  The classification will determine the order in which matters will be attended to and the enforcement action that will be taken.

 

6.1  The classification for a particular enforcement matter may increase in certain circumstances, for example, if the alleged offender fails to cease or rectify the offence once it is brought to his/her attention or there is persistent reoffending despite previous enforcement action. 

 

6.1   Enforcement matters will be classified by the Shire as set out below:

 

(a)   Minor offence

 

An enforcement matter will be classified as a minor offence when any one of the following criteria applies:

(i)    A minor, technical or administrative breach of a local law or relevant law has occurred and the breach is inadvertent.

(ii)    A small number of the community is affected with little or no detriment.

(iii)   Stringent enforcement action is unlikely to have a significant deterrent effect or result in the imposition of significant penalties.

(iv)  The alleged conduct has not and will not be repeated.

 

(b)   Moderate offence

 

An enforcement matter will be classified as a moderate offence when any one of the following criteria applies:

(i)    A clear breach of a local law or relevant law has occurred.

(ii)    Enforcement action is likely to lead to a successful outcome.

 

(c)   Major offence

 

An enforcement matter will be classified as major offence when any one of the following criteria applies:

(i)    A serious breach of a local law or relevant law has occurred.

(ii)    The alleged conduct appears systemic, ie. it affects many citizens and causes significant detriment.

(iii)   The alleged conduct may endanger the health and safety of a member of the public.

(iv)  There is a need to act quickly to stop or restrain the conduct to avoid significant detriment to the community.

(v)   The matter has been referred by another agency or government department.

(vi)  There is potential for loss of evidence.

(vii)  The alleged conduct is a kind targeted by an enforcement initiative.

(viii) Enforcement action has previously been taken on the basis that the offence is a minor or moderate offence and compliance has not been achieved.

 

7.     Enforcement action

 

87.1 The following enforcement options are considered appropriate for minor offences:

·    Verbal warning and/or provision of educational material or formal caution.

·    Formal letter of warning.

·    Infringement notice.

 

87.2 The following enforcement actions are considered appropriate for moderate offences:

·    Formal letter of warning.

·    Infringement notice.

·    Compliance notice.

·    Undertaking works.

·    Wheel clamping.

 

87.3 The following enforcement actions are considered appropriate for major offences:

·    Compliance notice.

·    Undertaking works.

·    Enforcement order.

·    Prosecution.

 

87.4 The enforcement action taken may be varied or intensified if the classification of an enforcement matter changes in accordance with clause 7.2 of this policy.

 

8.     Conflict of interest

 

98.1 Where a real or perceived conflict of interest may exist in an enforcement situation, the relevant officer will request attendance by another appropriately authorised officer.

 

9.     Extensions of time for compliance

 

19.1 Any request for an extension of time to comply with a deadline specified in a formal letter of warning or compliance notice must be:

 

(a)   made in writing by the person to whom the letter or notice is directed;

 

(b)   be received before the expiration of the deadline in the letter or notice; and

 

(c)   provide sound justification as to why the extension of time should be granted and alterative deadlines for rectifying the offence.

 

10.   Withdrawal of notices

 

10.1 An infringement notice may be withdrawn by the CEO or other senior officer in accordance with the LG Act or relevant law.  A person authorised to give infringement notices is not eligible to be authorised to withdraw an infringement notice.

 

10.2 A compliance notice may be withdrawn by the CEO or other authorised senior officer.  The person who decides to withdraw the compliance notice must not be the person who issued the compliance notice.

 

10.2 The following elements could be considered by the CEO or authorised senior officer in deciding to withdraw an infringement or compliance notice:

 

(a)   The notice has been issued to the wrong person;

 

(b)   The notice has incorrect details of the offence;

 

(c)   The notice has not been issued by a person with the appropriate authorisation;

 

(d)   The notice has spelling errors;

 

(e)   The notice has not been signed;

 

(f)    The notice is not legible and has been destroyed through its handling by postal services;

 

(g)   The notice has been sent to the wrong address;

 

(h)   Sufficient evidence does not exist to support the notice;

 

(i)    A prosecution is to be commenced for the offence as the offence is being continued;

 

(j)    A statutory defence to the offence has been provided by the alleged offender;

 

(k)   It would be unjust or not in the public interest to refuse to withdraw the infringement notice or compliance notice.

 

10.3 If an infringement notice is withdrawn after the penalty has been paid, the amount must be refunded.

 

10.4 A compliance notice may be withdrawn if the offence has been rectified by the alleged offender.

 

 

 


 

Schedule 1

 

 

Enforcement criteria

 

Criteria

Matters for consideration

Jurisdiction

·  The alleged conduct is a breach of a local law or relevant law administered by the Shire.

·  The matter is not a civil matter.

·  Having regard to the nature of the conduct and the alleged offence, the Shire is the most appropriate agency to handle the matter.

·  Is the conduct occurring on public or private land?

Seriousness of the offence/complaint

·   The complaint is of sufficient weight, significance or importance to warrant an investigation and/or enforcement action, taking into account the following factors:

-   intervention by the Shire will have a timely impact on conduct;

-   detriment suffered by the complainant and the general public;

-   the health and safety of the community;

-   prevalence of the alleged offence – if the conduct is widespread and the application of a sanction is likely to have a deterrent effect; and

-   impact on the environment and amenity.

Culpability of the alleged offender

·   The conduct is systemic.

·   The conduct is deliberate and not inadvertent.

·   The conduct is apparently a blatant or flagrant breach.

·   The complaint is not trivial and/or related to a technical breach without harm.

Special circumstances surrounding the complaint

·   There are special circumstances that gives the complaint extra weight.

·   The matter has been referred by another agency or government department.

Sufficiency and quality of evidence

·   The complainant is willing to give a written statement and/or evidence under oath if required.

·   Witnesses to the offence have credibility as witnesses.

·   The timeliness of the complaint as compared to the time of the alleged offence and the effect of any statute of limitations.

·   The availability of corroborative evidence.

·   The availability of obvious defences.

·   The likely outcome of the enforcement action, such as the outcome of a successful prosecution.

Prior conduct

·   There is a history of complaints against the alleged offender.

·   The alleged offender has been the subject of previous enforcement action by the Shire for a similar offence.

·   The alleged offender is not responsive to conciliation and/or dispute resolution.

·   The alleged offender is not likely to or has previously not responded to a lesser sanction.

·   There is a risk of continuing misconduct.

Alternative enforcement strategy

·   There is an available resolution other than formal enforcement action and/or prosecution that will bring a satisfactory outcome, in a timely and more cost efficient manner.

·   In determining if an alternative compliance strategy is appropriate, there is an issue of greater public interest which might preclude the application of such an alternative compliance strategy.

·   An alternative enforcement strategy can be used in conjunction with another enforcement option.

Shire enforcement priorities and program commitments

·   It has been decided, as a matter of policy, to apply a particular sanction to all conduct of the kind alleged.

·   The alleged conduct is targeted by a Shire enforcement initiative or current Shire enforcement program.

Statutory/legal requirements

·   There is a legislative requirement for the Shire to take enforcement action.

·   The matter gives rise to a public health risk in relation to which the Shire has a duty to act.

 

 


DEVELOPMENT AND COMMUNITY                                 3.1.2

Development and Community

TITLE:

WAIVING AND REFUNDING OF FEES

ADOPTED:

OMC 25 May 2017 – Pages 85 – 260

REVIEWED:

 

ASSOCIATED LEGISLATION:

Building Act 2011

Bush Fires Act 1954

Food Act 2008

Local Government Act 1995

Planning and Development Act 2005

Public Health Act 2016

ASSOCIATED DOCUMENTS:

Local Planning Scheme No 6

Health Local Law 2006

Local Government Property and Public Places Local Law 2012

Trading, Outdoor Dining and Street Entertainment Local Law 2003

REVIEW RESPONSIBILITY:

Director Development Services and Community

DELEGATION:

 

Previous Policy Number 4.1.25

 

Objective:

 

1.   To ensure there is a clear policy position within the Development Services and Community directorate in relation to the waiving or refunding of fees for approvals and services provided by the directorate.

2.   Ensure the waiving or refunding of fees is applied in a consistent and justifiable manner.

3.   Guide officers in waiving or refunding fees under delegation from Council.

 

Definitions:

 

applicant means the person or organisation who makes an application or formal request for an approval or service provided by the Health, Ranger, Building and Planning departments at the Shire of Broome.

 

application means an application or formal request for an approval or service provided by the Health, Ranger, Building and Planning departments at the Shire of Broome.

 

building application means an application for approval submitted in accordance with the Building Act 2011.

 

development application means an application for approval submitted in accordance with the Planning and Development Act 2005.

 

fees means fees levied in accordance with the Shire’s Schedule of Fees and Charges for approvals and services provided by the Health, Ranger, Building and Planning departments at the Shire of Broome.

 

refund means the repayment of fees paid by a person or organisation to that person or organisation either in part or in full.

 

waive means to reduce the fees payable by a person or organisation either in part or the full amount.

 

Policy:

 

11.   Introduction

 

1.1     This policy outlines circumstances where the Shire may consider a request for the waiver or refund of fees for an approval or service provided by the Development Services and Community directorate.

 

12.   Exclusions

 

2.1   Financial hardship, personal circumstances or family circumstances are not grounds for the waiver or refunding of fees.

 

2.2   Fees relating to regulatory matters arising under the Dog Act 1976, Cat Act 2011 and the keeping and control of dogs and cats generally are excluded from the provisions of this policy.  Requests to waive or refund fees in relation to these matters will not be considered.

 

2.3   For building applications, fees will not be waived or refunded in the following circumstances:

(a)   For uncertified domestic building work – where the value of the works is less than $100,000.

(b)   For certified domestic building work – where the value of the works is less than $200,000.

(c)   For certified commercial building work – where the value of the works is less than $400,000 in value.

 

13.   Waiving of fees

 

3.1   The Director Development Services and Community may consider and decide a request to waive fees in accordance with this policy.

 

3.2   A reduction in fees by 50% may be approved where the applicant is endorsed by the Australian Taxation Office as a not-for-profit organisation.

 

3.3   The request to waive fees must be:

 

(a)  made prior to the submission of the application for the approval or services to which the fees relate;

 

(b)  in writing setting out reasons for the request; and

 

(c)  include proof that the applicant has been endorsed by the Australian Tax Office as a not-for-profit organisation.

 

3.4   A 100% reduction in fees may be granted:

 

(a)   For an application to change or vary an existing approval, where the need to change or vary the approval arises from an administrative error made by the Shire.

 

(b)   For a development application made for approval to reconstruct (like-for-like) a building accidently destroyed through a natural disaster or event.

 

14.   Refund of fees

 

4.1   The Director Development Services and Community may consider and decide a request to refund fees in accordance with this policy.

 

4.2   Fees may be refunded to an applicant in the following circumstances:

 

(a)  If the application is submitted but subsequently found by the Shire to not have been required - 100% of the fees will be refunded.

 

(b)  If the Shire has not undertaken any assessment work and the application is subsequently withdrawn in writing within 7 days of the date of the application – 75% of the fees will be refunded.

 

(c)  For applications for development and building approval, if the Shire has commenced the assessment of the application - 50% of the fees will be refunded where:

(i)  the application has not been advertised; and

(ii) the application is withdrawn in writing by the applicant within 21 days of lodgement of the application or is withdrawn as a result of a request for further information.

 

4.3   A fee will not be refunded in the following circumstances:

 

(a)   For development applications and building applications, clause 4.2(c) does not apply if more than 21 days have passed since the lodgement date of the application.

 

(b)   For all other applications, assessment of the application by the Shire has commenced.

 

15.   Costs and expenses

 

5.1   The Shire will not waive or reduce any part of a fee that comprises:

 

(a)   Costs or expenses that may be charged to an applicant where these are incurred through the provision of a service under Regulation 49 of the Planning and Development Regulations 2009.

 

(b)   Outlays or expenses charged to the Shire by a third party that relate to the application.

 

16.   Activities undertaken without approval

 

6.1   Fees will not be waived or refunded if the application is made for the approval of an activity that has been or is already being undertaken without the necessary approvals in place.


DEVELOPMENT AND COMMUNITY                          3.1.3

Development and Community

 

TITLE:

YAWURU PARK COUNCIL REPRESENTATION

ADOPTED:

OMC 29 November 2012 – Page  89

REVIEWED:

OMC 27 March 2014 – Pages 94 – 99

OM 17 December 2015 – Pages 110 - 121

ASSOCIATED LEGISLATION:

Local Government Act 1995

Land Administration Act 1997

Conservation and Land Management Act 1984 (WA)  (Conservation Commission)

CALM Act (Executive Body)

Marine Parks and Reserves Authority (Section 26A of the CALM Act - Marine Authority)

Dog Act 1976

Cat Act 2011

Control of Vehicles (Off-road Areas) Act 1978

Local Government Grants Act 1978

Dog Regulations 19762013

Cat Regulations 2012

Control of Vehicles (Off-road Areas) Regulations 1979

ASSOCIATED DOCUMENTS:

Yawuru Prescribed Body Corporate Indigenous Land Use Agreement – Broome  (Yawuru PBC ILUA)

Yawuru Area Agreement Indigenous Land Use Agreement – Broome (Yawuru Area Agreement ILUA)

Joint Management Agreement (JMA)

Assistance Agreement  (AA)

REVIEW RESPONSIBILITY:

Director InfrastructureDevelopment and Community

DELEGATION:

There is no delegation to the Yawuru Park Council representativesIn accordance with the Joint Management Agreement, Shire representatives on the Yawuru Park Council are authorised to make decisions through the Yawuru Park Council that are binding.

Previous Policy Number 1.5.1

 

Objective:

 

To facilitate the participation of Shire representatives with respect to their role in the operation of Yawuru Park Council.

 

Definitions:

AA ILUA                                 Yawuru Area Agreement (ILUA)

BSC                                                     Shire of Broome

PBC ILUA                                   Yawuru Prescribed Body Corporate Agreement (ILUA)

CALM Act                                           Conservation and Land Management Act

 

CCWA                                                Conservation Council of Western Australia

 

CEO                                       Chief Executive Officer of the Executive Body of

                                               Conservation and Land Management.

 

CMP                                                    Yawuru Cultural Management Plan

 

DBCA                                                  Department of Biodiversity, Conservation and AttractionsDPaW     Department of Parks and Wildlife (WA)

 

ILUA                                                     Indigenous Land Use Agreement

 

LA Act                                                 Land Administration Act 1997

 

MPRA                                                  Marine Parks Reserves Authority

 

Yawuru RNTBC                                   Yawuru Registered Native Title Body Corporate

 

Yawuru Conservation Estate

 

Schedule 9 clause 11 of the PBC ILUA created a Conservation Estate and the Council of the Shire of Broome resolved that the Conservation Estate be named the Yawuru Conservation Estate.

 

Yawuru Park Council

Schedule 7 - Annexure 2 of the AA ILUA prescribed Joint Management arrangements created a Park Council and the Council of the Shire of Broome resolved that the Park Council be named the Yawuru Park Council.

 

Background

 

On 28 April 2006 the Federal Court of Australia determined that the Yawuru possessed communal native title rights and interests in the whole of their claim area subject to particular areas in the Broome township where native title had been extinguished. In some areas the Court found that the Yawuru community had exclusive native title rights, and in some areas non-exclusive rights. On 2 May 2008 the Federal Court of Australia upheld the 2006 determination and recognised additional native title rights and interests.

 

Following the 2008 Federal Court decision, the Yawuru Native Title Holders and the State commenced negotiations to resolve the issues associated with the Determination and associated matters. These (Global) negotiations resulted in two Indigenous Land Use Agreements (Yawuru PBC ILUA and the Yawuru Area Agreement ILUA). The associated Joint Management Agreement and Assistance Agreement were signed by all parties in Broome on 25 February 2010 and formally registered in August 2010.

 

The Yawuru PBC ILUA created a Conservation Estate as follows:

 

11.1 Creation of Conservation Estate

 

As soon as reasonably practicable after the Registration Date, the Parties shall create the Conservation Estate comprising the following areas:

(a)       freehold areas, as described in Part 1 of Schedule 9 (Freehold Areas);

(b)       Roebuck Bay intertidal areas and Cable Beach intertidal areas, as described in Part 2 of Schedule 9 (Intertidal Areas); and

(c)       townsite areas, as described in Part 3 (a) and (b) of Schedule 9 (Townsite Areas).

 

A Park Council has been formed comprising Representative Members from Yawuru RNTBC, the Department of Environment and Conservation (now the Department of Parks and WildlifeBiodiversity, Conservation and Attractions) and the Shire of Broome and operates in accordance with the Terms of Reference attached to the Yawuru PBC ILUA to develop, implement, monitor and review the Management Plans for the conservation estate.

 

The management of the Conservation Estate shall be administered jointly by the CEO, the Yawuru RNTBC and the BSC through the Park Council, as appropriate having regard to the differing joint management arrangements:

 

·        The Out of Town Terrestrial areas, and the Roebuck Bay intertidal areas are managed by Yawuru RNTBC and the Department of Parks and WildlifeDBCA;

 

·        The Cable Beach Intertidal Area are managed by Yawuru RNTBC, the Shire of Broome and the Department of Parks and WildlifeDCBA;

 

·        The In town Terrestrial areas are managed by Yawuru RNTBC and the Shire of Broome.

 

The Park Council's role shall be:

a)        to prepare Management Plans under Part V of the CALM Act and section 49 of the LA Act (as appropriate) and related policies for the management of the Conservation Estate;

b)        to ensure that the Management Plans for the Conservation Estate are consistent with the visions and policies set out in the Cultural Management Plan for these areas;

c)        To ensure that all Management Plans overseen by and developed with the Park Council are, to the greatest extent possible, taking into account different legislative frameworks, consistent ;

d)        to make decisions consistent with the Cultural Management Plan and Management Plans;

e)        to strategically monitor the management of the Conservation Estate including the implementation of the Management Plans, but not to undertake day to day management of the Conservation Estate;

f)          to give advice to the CEO, the CCWA, the MPRA and the BSC (as appropriate) on all aspects of the use, management and development of the Conservation Estate; and

g)        to determine priorities for any matters required to be done in accordance with or in furtherance of the Management Plans.

 

The Park Council is comprised of equal numbers of Representative Members from each of Yawuru RNTBC, the Department of Parks and WildlifeDBCA and the Shire of Broome.

 

Shire Representation

 

Following Local Government elections every two years the Shire of Broome appoints three representatives and three two proxy representatives to the Yawuru Park Council.

 

The management orders for the In Town Conservation Estate are not made in favour of the Park Council, but jointly in favour of the Yawuru RNTBC and the Shire. The Yawuru Park Council is the governance structure within which the joint management is manifested. Council members appointed to the Yawuru Park Council, are appointed to represent the position and the interests of the Shire of Broome.

 

Policy:

 

1.   Expenditure

 

The expenditure of Shire of Broome funds or resources including staff time can only be authorised by the Chief Executive Officer of the Shire of Broome.

 

2.   Existing policy

 

A decision requiring the formulation of a policy position requires a resolution of the Council of the Shire of Broome. A decision which simply involves the fine-grain detail of a proposal that is otherwise in accordance with an adopted Council policy probably does not require a Council resolution.

 

3.   Management Plans

 

The adoption of the Yawuru In Town Reserves Management Plan requires a resolution of the Council of the Shire of Broome and agreement by the Park Council prior to submission for approval to the Minister for Lands (WA). Implementation of the Management Plan does not require a Council resolution unless it has a financial impact on the Council.

 

4.   Land Use

 

The use of land within the conservation estate other than as set out in an approved management plan requires a planning approval from the Shire of Broome.

 

5.   Licences, Leases

 

Decisions which affect the legal rights of third parties in relation to the land, such as whether to grant a lease or licence to someone for the use of jointly-managed land within the Conservation Estate requires a resolution of the Council of the Shire of Broome and the Park Council.

 

6.   Judgement

 

Notwithstanding the above policy provisions, whether or not a particular matter requires a formal resolution of the Council of the Shire of Broome is a matter of personal judgment and degree, depending on the nature of the matter.


DEVELOPMENT AND COMMUNITY                              3.2.1

Planning and Building

 

TITLE:

REISSUING OF BUILDING PERMITS

ADOPTED:

OMC 28 April 1998 – Page 12

REVIEWED:

OMC 23 April 2002– Page 34

OMC 4 February 2003 – Pages 48 – 51

OMC 3 March 2004 – Pages 29 - 31

OMC 1 August 2006 – Pages 67 – 69

OMC 19 March 2009 – Pages 26 – 31

OMC 15 March 2012 – Pages 96 – 103

OMC 27 March 2014 – Pages 94 – 99

OMC 17 December 2015 – Pages 110 - 121

ASSOCIATED LEGISLATION:

Building Act 2011

ASSOCIATED DOCUMENTS:

 

REVIEW RESPONSIBILITY:

Manager Building ServicesPlanning and Building

DELEGATION:

 

Previous Policy Number 4.3.2

 

Objective:

 

To determine the costs associated with the re-issue of a Building Permit.

 

Definitions:

 

Nil.

 

Policy:

 

This policy applies to the whole of the Shire.

 

The fee payable on the renewal of a Building Permit is to be based on the amount of assessment necessary to re-issue the Permit and where assessment is necessary through changes to the design or changes to the legislation since the permit was originally approved be in proportion to the extent of the building to be complete e.g.:

 

Where no assessment is required the minimum legislated fee will be applicable.

 

Where assessment is required the fee will be based on the percentage of the works still to be complete as decided by the Building Surveyor.

If 50% completed then 50% of fee charged.  If 75% completed then 25% of fee charged.


DEVELOPMENT AND COMMUNITY                              3.3.2

Health and Rangers

 

TITLE:

BUILDINGS ON CARAVAN PARKS

ADOPTED:

OCM 25 February 2003 – Page 15 - 18

REVIEWED:

OCM 5 November 2003 – Pages 6 – 7

OCM 19 March 2009 – Pages 26 – 31

OMC 15 March 2012 – Pages 96 – 103

OMC 27 March 2014 – Pages 94 – 99

OMC 17 December 2015 – Pages 110 - 121

ASSOCIATED LEGISLATION:

Caravan and Camping Grounds Regulations 1997

ASSOCIATED DOCUMENTS:

 

REVIEW RESPONSIBILITY:

Manager Health, Emergency and RangersServices

DELEGATION:

 

Previous Policy Number 4.2.8

 

Objective:

 

To clarify and formalize the position regarding the construction of "other buildings as approved" on caravan parks, under the Caravan and Camping Grounds Regulations 1997, Section 11(1)(J).

 

Definitions:

 

Caravan Site             As per the Caravan and Camping Grounds Regulations 1997.

 

Facility               As per the Caravan and Camping Grounds Regulations 1997.

 

Policy:

 

1.         Approval will not be given for the construction of buildings on a "caravan site" within a "facility" except those specifically approved under the provisions of the Caravan Parks and Camping Grounds Act 1995 and the Caravan Parks and Camping Grounds Regulations 1997.

 

2.         Subject to compliance with Town Planning and Building Code of Australia requirements, approval may be given to the construction, on a facility, of class 1b and class 3 buildings, as described in the Building Code of Australia.

 


DEVELOPMENT AND COMMUNITY                              3.3.3

Health and Rangers

 

TITLE:

CARAVAN PARKS AND CAMPING GROUNDS – MAXIMUM NUMBER OF SITES OF A PARTICULAR TYPE THAT MAY BE USED AT A FACILITY

ADOPTED:

OMC 19 September 2000 – Pages 65 - 67

REVIEWED:

OMC 18 September 2001

OMC 23 July 2002 – Pages 5 – 6

OMC 14 October 2003 – Pages 65 – 66

OMC 15 March 2012 – Pages 96 – 103

OMC 27 March 2014 – Pages 94 – 99

OMC 17 December 2015 – Pages 110 - 121

ASSOCIATED LEGISLATION:

 

ASSOCIATED DOCUMENTS:

 

REVIEW RESPONSIBILITY:

Manager Health, Emergency and RangersServices

DELEGATION:

 

Previous Policy Number 4.2.9

 

Objective:

 

Ensuring adequate sites are available at caravan parks within the Broome Townsite for tourists towing caravans.

 

Definitions:

 

Nil.

 

Policy:

 

The maximum number of sites at caravan parks within the Broome townsite that can be used at a facility (caravan park) for long stay sites and/or on-site caravan sites is to be limited to forty (40) percent.

 


DEVELOPMENT AND COMMUNITY                              3.3.4

Health and Rangers

 

TITLE:

APPROVAL TO CAMP FOR UP TO 3 MONTHS IN AREAS OTHER THAN CARAVAN PARKS & CAMPING GROUNDS

Approval

OMC 18 December 2007 – Pages 75 - 77

REVIEWED:

OMC 19 March 2009 – Pages 26 – 31

OMC 18 March 2010 – Pages 87 – 89

OMC 15 March 2012 – Pages 96 – 103

OMC 27 March 2014 – Pages 94 – 99

OMC 17 December 2015 – Pages 110 - 121

ASSOCIATED LEGISLATION:

Building Codes of Australia

Council’s Local Laws

Caravan Parks and Camping Grounds Act 1995

Caravan Parks and Camping Grounds Regulations 1997

ASSOCIATED DOCUMENTS:

 

 

REVIEW RESPONSIBILITY:

Manager Health, Emergency and Rangers Services

DELEGATION:

 

Previous Policy Number 4.2.10

 

Objective:

 

Enable people to temporarily use caravan accommodation for short stays in a period of extreme shortage but to limit/discourage current abuses  periods of extended and unapproved stays in certain areas, e.g. light industrial areas

 

To minimise the volume of administrative matters being placed before Council and provide guidance for staff and the public regarding use of caravan accommodation.

 

Definitions:

 

“Camp” as per the Oxford Dictionary

 

‘Noun:       Temporary accommodation of huts, tents etc. for detainees, holiday makers etc.

Verb:         Lodge in temporary quarters or in the open.’

 

Caravan Parks and Camping Grounds Regulations 1997, Part 2 – Caravanning and camping generally, 8A, Definition of “camp” in this Part,

 

‘In this Part “camp” when used as a verb, includes to camp in a vehicle.’

 

Legislative Requirement:

 

Caravan Parks and Camping Grounds Regulations 1997, Part 2 – Caravanning and camping generally, Regulation 11 (2) – Camping other than at a caravan park or camping ground

‘(2)    Written approval may be given for a person to camp on land referred to in subregulation (1)(a) for a period specified in the approval which is longer than 3 nights — 

          (a)     by the local government of the district where the land is situated, if such approval will not result in the land being camped on for longer than 3 months in any period of 12 months;

          (b)     by the Minister, if such approval will result in the land being camped on for longer than 3 months in any period of 12 months; or

          (c)     despite paragraph (b), by the local government of the district where the land is situated —

          (i)      if such approval will not result in the land being camped on for longer than 12 consecutive months; and

          (ii)      if the person owns or has a legal right to occupy the land and is to camp in a caravan on the land while a building licence issued to that person in respect of the land is in force.’

 

Policy:

 

In each instance:

 

1.        Application for approval must be made to the Shire of Broome by completing in full the Application to Camp for up to 3 Months in Areas Other Than Caravan Parks & Camping Grounds.

 

2.        A maximum of one caravan per property may be approved in accordance with the criteria listed in the table below. If an application falls outside the criteria, approval will only be given at the discretion of Council.  Approval will only be given in special circumstances and providing there are sufficient ablution facilities and space.

            

Zone

Period of Stay

(As approved by the Shire of Broome)

Number of Caravans

A Requirement to Be Employed in Broome

Residential

3 months only

1 caravan or 1 tent

No (can be friends and relatives)

Rural

3 months only

1 caravan

 No (can be friends and relatives)

Parks & Recreational Areas (sporting clubs etc)

3 months

1 caravan

Yes

 

Approval to camp in the above areas for in excess of 3 months will need to be obtained from the Minister for Local Government and Regional Development.

The Shire of Broome will not support applications made to the Minister to camp for in excess of 3 months in all areas other than Parks and Recreational Areas, including sporting clubs.

                       

3.        The premises is to have toilet, ablution  shower and laundry facilities, available for use by the person/people camping, that comply with the Building Code of Australia, Council’s Local Laws and Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974. Details of these services are required to be provided as part of the application.

 

4.        The camp is to be located wholly on the property, and be at least one (1) metre from the property boundary, at least one (1) metre from any vehicle access areas and at least six (6) metres from any road boundary.

 

5.        All caravans to satisfy cyclone safety standards equivalent to those required for caravans in licensed facilities by clause 48 of schedule 7 of the Caravan Parks and Camping Grounds Regulations 1997.

 

            It should be noted for a caravan to safely survive a cyclone it should be

            housed in a cyclone rated shed.

 

6.        Approval, in writing, is to be obtained from owners of the property. Occupiers of adjacent properties are to be notified in writing and any responses are to be included in the application for consideration by the Shire.

 

7.        Council reserves the right to withdraw the approval at any stage.

 

ADDITIONAL REQUIREMENTS FOR CAMPING OUTSIDE OF CARAVAN PARKS FOR PERIODS IN EXCESS OF  THREE (3) MONTHS WITHIN ANY 12 MONTH PERIOD.

 

8.       An application for approval to camp outside a caravan park for a period in excess of 3 months in any 12 month period will need to be made to the Minister for Local Governmentand Regional Development.

 

9.         The Shire of Broome will not support applications made to the Minister for long term stays (longer than 3 months) in Residential, Rural, Light and Service Industry, Industrial areas. 

 

10.       The Shire of Broome will only recommend to the Minister that approval be given to private persons employed in Broome who are seeking approval to camp in a caravan on a Park or Recreational area as a caretaker. Applications to the Minister from community organisations and sporting clubs may be supported by the Shire of Broome following submission of a completed application form in accordance with the provisions of this policy.

 

11.      The Shire will make the following conditions of approval:

A.  Camping is only permitted in a caravan.

B.   Caravan is to be licensed for normal transport on public roads.

 

ADDITIONAL REQUIREMENTS FOR CAMPING OUTSIDE OF CARAVAN PARKS FOR PERIODS UP TO (12) MONTHS DURING THE CONSTRUCTION OF A DWELLING.

 

11.         Approval will not be granted within the Broome Townsite.

 

12.      Approval will only be granted where a building licence has been issued and the concrete slab or equivalent has been laid.


DEVELOPMENT AND COMMUNITY                          3.3.5
Health and Rangers

TITLE:

OPERATION OF TEMPORARY CARAVAN AND CAMPING FACILITIES

ADOPTED:

OMC 28 April 2016 – Pages 64 - 69

REVIEWED:

 

ASSOCIATED LEGISLATION:

Caravan Parks and Camping Grounds Act 1995

Caravan Parks and Camping Grounds Regulations 1997

ASSOCIATED DOCUMENTS:

 

REVIEW RESPONSIBILITY:

Manager Health, Emergency and Ranger Services

 

DELEGATION:

CPCA1 Administering the Caravan Parks and Camping Act 1995

Previous Policy Number – 4.2.14

Objective:

To ensure visitors to Broome are able to source accommodation in the Broome townsite during periods of high demand, when Permanent Caravan Parks are not able to accommodate travellers with pets, or may be full.

Definitions:

Permanent Caravan Park means a facility licenced in accordance with the Caravan Parks and Camping Grounds Act 1995 located within the Broome townsite and does not include nature based parks, transit parks or temporary facilities.

Temporary Approved Facility means a facility issued with a Temporary Licence in accordance with this policy.

Temporary Licence means a licence issued in accordance with Caravan Parks and Camping Grounds Regulations 1997 for a period of less than a year with specific conditions, services and facilities to be provided.

All other terms have the meaning as defined in the Caravan Parks and Camping Grounds Act 1995.

Policy:

1. During periods of peak tourist demand for caravan and camping accommodation, Council may grant a Temporary Licence, upon application, to a facility to accommodate travellers that cannot otherwise be accommodated in a Permanent Caravan Park within the townsite of Broome, as follows:

a) If Permanent Caravan Parks do not provide adequate accommodation options for elect not to accept travelers with pets during times of peak tourist demand, Council may grant Temporary Licences to other facilities to provide accommodation for such travelers with pets for the duration of their staya period of up to 28 days;

b) If one or more Permanent Caravan Park elects to accept travellers with pets during times of peak tourist demand, Council will review the conditions attaching to Temporary Licences that have been granted to determine if so that sites within a Permanent Caravan Park accepting travellers with pets must should be filled prior to the use of a Temporary Approved Facility;

c) Travellers with large vehicles, or travelers with other genuine requirements that preclude them staying in a Permanent Caravan Park may receive approval to stay at a temporary facility; and

d) Any facility choosing to accept pets will need to comply with the Caravan Park and Camping Grounds Regulation 1997 at all times.

 

2. Should accommodation in Permanent Caravan Park Facilities in the Broome townsite become unavailable due to high demand, Council may grant a Temporary Licence to operate a Temporary Approved Facility to accommodate travellers who are unable to secure accommodation in a Permanent Caravan Park in the Broome townsite, as follows:

a) The maximum length of stay in a Temporary Approved Facility will be up to seven nights in any three month period, unless otherwise approved by Council;

b) Council may impose licence conditions on Temporary Approved Facilities subject to seasonal demands. These conditions may change from time to time but will be designed to not financially disadvantage Permanent Caravan Park Facilities whilst seeking to maximise visitor numbers to Broome;

c) Temporary Licence conditions will be consistent with the requirements of the Caravan and Camping Ground Regulations 1997 and provide flexibility to meet accommodation demands within the Shire of Broome;

d) Council may revoke a Temporary Licence at any time should any regulatory or licence conditions not be complied with; and

e) Council will direct that Temporary Approved Facilities close when it determines that peak tourist demand has eased such that sufficient capacity exists within Permanent Caravan Parks.

 

3. Council may approve one or more caretaker to reside at the Temporary Approved Facility for the term of the Temporary Licence.  A request must be submitted in writing stating the number of caretakers and justification for such number.

 

4. Operators of Temporary Approved Facilities will be given seven days notice to cease operations.


DEVELOPMENT AND COMMUNITY                              3.3.6

Health and Rangers

 

TITLE:

TRADING IN PUBLIC PLACES

ADOPTED:

OMC 15 December 2016 – Pages 544 - 549

REVIEWED:

 

ASSOCIATED LEGISLATION:

Trading, Outdoor Dining and Street Entertainment Local Law 201603

Local Government Property and Public Places Local Law 20162

ASSOCIATED DOCUMENTS:

 Local Planning Policy 5.1 Outdoor Dining

 

REVIEW RESPONSIBILITY:

Manager Health, Emergency and Ranger Services

DELEGATION:

 

Previous Policy Number 4.2.15

 

 

Objective:

 

1.    To facilitate the assessment and approval of Trading Licences in accordance with the Trading, Outdoor Dining and Street Entertainment Local Law 2003 (Local Law).

2.    To maintain amenity, usability and public safety in public places.

3.    Promote fairness and certainty to traders, permanent businesses and the community in relation to trading in public places.

4.    Promote vibrancy of public places and economic development in the Shire of Broome.

5.    To protect Cable Beach as a highly valued environmental, cultural and social asset enjoyed by visitors and residents alike.

 

 

Definitions:

 

authorised person means a person appointed by the local government to perform all or any of the functions conferred on an authorised person under the Local Law.

 

camel operators means those persons associated with commercial camel activities, either as the owner, the licensee or an employee.

 

commercial camel activities means those activities associated with camel tours/rides on Cable Beach.

 

directly competing with means that both the proposed trading activity and the permanent business offer a type or category of good or service that is directly comparable, for example:

·     an ice cream van would be directly competing with an ice cream parlour;

·     a mobile food van selling coffee, cake and sandwiches would be directly competing with a café;

·     a mobile food van selling pizza would be directly competing with a pizza or Italian take away store/restaurant;

·     a stall offering massages would be directly competing with a massage parlour.

 

permanent business means a business that operates from private property.

 

person or any word or expression descriptive of a person includes a public body, company, or association or body of persons, corporate or unincorporate.

 

private property means any real property, parcel of land or lot that has a separate certificate of title, which is in private ownership or the subject of a lease or agreement with a person or the local government enabling its use for private purposes and includes any building or structure thereon.

 

public place means any thoroughfare or place which the public are allowed to use, whether the thoroughfare or place is or is not on private property and includes parklands, squares, reserves, beaches and other lands set apart for the use and enjoyment of the public, including all land which belongs to or of which the local government is the management body under the Land Administration Act 1997 or which is an “otherwise unvested facility” within section 3.53 of the Act;

 

Related Entity Interest is defined in Schedule 4 of this PolicyLocal Law.

 

Shire means the Shire of Broome.

 

trader means the person/s who operate, or propose to operate, an activity subject to a Trading Licence granted in accordance with the Local Law, either as the owner, the holder of the Trading Licence or an employee.

 

trading includes:

(a)     the selling or hiring or, the offering for sale or hire of or the soliciting of orders for goods or services in a public place;

(b)     displaying goods in any public place for the purpose of:

(i)      offering them for sale or hire;

(ii)      inviting offers for their sale or hire;

(iii)     soliciting orders for their sale or hire; or

(iv)    carrying out any other transaction in relation to them; and

(c)     the going from place to place, whether or not public places, and:

(i)      offering goods or services for sale or hire; or

(ii)      inviting offers or soliciting orders for the sale or hire of goods or services, but does not include;

(d)     the delivery of pre ordered goods or services to the purchaser of those goods or services, or to the person nominated by the purchaser of those goods or  services to accept delivery, whether or not payment for those goods or services is made on delivery;

(e)     the taking of further orders for goods or services from the purchaser of the pre ordered goods or services, or from the person nominated by the purchaser of the pre ordered goods or services to accept delivery, when those orders are taken at the same time as the previous order is being delivered, whether or not payment is made for the further orders or the pre ordered goods or services at the time of the taking of the further orders;

(f)      the selling or the offering for sale of goods or services to, or the soliciting of orders for goods or services from a person who sells those goods or services;

(g)     the selling or the offering for sale or hire by a person of goods of her or his own manufacture or services which he or she provides; or

(h)     the selling or hiring or the offering for sale or hire of—

(i)      goods by a person who represents the manufacturer of the goods; or

(ii)      services by a person who represents a provider of the services,

which are only sold directly to consumers and not through a shop.

 

trading licence means a licence issued under the Local Law to carry on trading.

 

All other words and expressions used in this Policy have the meaning as defined in the Local Law.

 

Policy:

 

1.       The Local Law allows a person to apply for a licence to undertake a range of activities to either sell, offer for sale or hire goods and services to the public.  This Policy is made under the Local Law and provides additional information not outlined in the Local Law that applies specifically to trading licences.

 

2.       For the purposes of subclause 5.2.3 of the Local Law, a person/s will be exempted from holding a valid Trading Licence when carrying out trading in a public place where the trading is undertaken:

 

2.1     as part of an event or function approved in accordance with the Local Government Property and Public Places Local Law 2012; or

 

2.2     in accordance with an approval granted by the Shire under another written law.

 

3.       A trading licence will be issued for a trading activity where the following criteria are met:

 

3.1     the proposed trading activity does not occur within 300 metres of a permanent business that it would be directly competing with, unless:

(a)  the trading activity does not occur during the ordinary opening hours of the permanent business; or

(b)  the owners of the permanent business have provided their support in writing for the proposed trading activity; or

(c)  Council decides that the proposed trading activity should be approved notwithstanding its proximity to the permanent business;

 

3.2     the location of the proposed trading area is suitable for the trading activity that is the subject of the application;

 

3.3     the trading will not have an unreasonable impact on other traders, permanent businesses, traffic flow, pedestrians or the public’s use of a public place;

 

3.4     the trading activity will not generate noise or disturbance that is likely to cause a nuisance to any person in the vicinity of the trader;

 

3.5     the trading activity is consistent with the zoning of the land in the Shire’s Local Planning Scheme, any existing use of the land and any management order for the land comprising the public place;

 

3.6     a Risk Management Plan has been completed for the proposed trading activity to the Shire’s satisfaction;

 

3.7     an Occupational Safety & Health Plan has been prepared for the proposed trading activity to the Shire’s satisfaction;

 

3.8     a business/operational plan has been prepared for the proposed trading activity to the Shire’s satisfaction, outlining how the proposed trading activity will be undertaken; and

 

3.9     the trader has other statutory approvals and accreditations applicable to the operation of the commercial activity, if required.

 

4.       Council may seek additional information from an applicant for a trading licence to facilitate the assessment of an application for a trading licence.

 

5.       Council may invite applications for trading licences for trading in a particular area or a specific type of trading activity and applications that are received will be assessed in accordance with the Local Law, this Policy and the criteria set out in Schedule 3 of this Policy.

 

6.       It will be a condition of any trading licence issued that:

 

6.1     The licensee is responsible for the repair, restoration or reinstatement of any damage to Shire property arising from the trading activity or caused by the customers of the trading activity. Such repair, restoration or reinstatement of damage must be carried out as directed by Council and to Council’s satisfaction.

 

6.2     The licensee obtains public liability insurance in accordance with subclause 8.6.1 of the Local Law, except that the value of the public liability insurance must be $10,000,000.

 

6.3     The placing of signs occurs only within the area approved for the trading activity, unless otherwise approved by Council.

 

6.4     Licensee must not expand or extend their trading area beyond the area approved in their trading licence without first obtaining the written consent of the Shire.

 

6.5     The licencee does not have exclusive use or rights to the trading area or its surrounds.

 

7.       A trading activity must not:

 

7.1     involve the sale of offensive, illegal, prohibited, counterfeit or unauthorised goods, including goods bearing trademarks for which the person does not have a licence to sell;

 

7.2     adversely impact on:

(a)  traffic movement;

(b)  traffic safety;

(c)  traffic flow; or

(d)  cause a traffic hazard,

 

7.3     prevent access to a footpath;

 

7.4     erect signage, except in accordance with the Local Law or as approved in accordance with the trading licence; and

 

7.5     involve the connection to or utilisation of any Shire utilities without prior approval, unless otherwise approved as a condition of the trading licence.

 

8.       Council may seek to engage with the community and seek public comment in relation to an application for a Trading Licence if Council considers that it is desirable to do so in the circumstances.  Any submissions received by Council during the public comment period may be taken into account by Council in deciding whether to grant the trading licence applied for.

 

9.       An authorised person may direct the holder of a trading licence to stop doing anything which is contrary to the Local Law or a condition of the trading licence.  A person who is given such a direction by an authorised person must comply with that direction.

 

10.     The licensee must, during the period of the licence:

 

10.1   at the conclusion of each day the trading activity occurs, remove all and any refuse and litter associated with the operation of the trading activity and ensure the area in which the trading is undertaken is left in a clean and safe condition;

 

10.2   maintain and adhere to all plans, procedures, policies, licences and accreditations relevant to the trading activity; and

 

10.3   allow Shire officers to, upon request, inspect and verify that the plans, procedures, policies, licences and accreditation are current and are being complied with.

 

11.     Failure to comply with clause 10 of this Policy will be deemed to be a breach of the trading licence conditions for the purposes of clause 2.7(a) of the Local Law.

 

12.     For the purposes of subclause 2.7(f) of the Local Law, the failure of a licensee to undertake an activity approved by a trading licence for a period of 12 months is considered a ground upon which a trading licence should be cancelled.

 

An annual fee will be payable for a trading licence, with payment due 1 August annually.

 

13.     All applicants for Trading Licences are advised of their right to object a decision made by the Shire.  In accordance with section 9.4 of the Local Government Act 1995, an affected person may object to a decision of local government and lodge an appeal to the decision by lodging an objection to the Shire within 28 days of the decision.

 

14.     Additional provisions that apply to trading activities on Cable Beach are outlined in Schedule 1 of this policy.

 

15.     Additional provisions that apply to commercial camel activities are outlined in Schedule 2 of this policy.

 

16.    

Schedule 1

 

 

Additional provisions for trading activities on Cable Beach

 

 

Additional provisions for trading activities on Cable Beach:

 

1.       A maximum of six trading licences will be granted for trading activities on Cable Beach.

 

2.       Trading licences, except for commercial camel activities, will only be issued:

 

2.1     for trading activities which support and are directly related to the recreational use and enjoyment of Cable Beach and its adjacent waters; and

 

2.2     for the section of Cable Beach:

(a)  between a point formed by the westerly prolongation of Murray Road to the low water mark and a point located 500 metres north of the vehicle entry ramp adjacent to the Broome Surf Club; and

(b)  between the high and low water mark.

 

3.       Council may decide to grant a trading licence for an activity even though:

 

3.1     six trading licences have already been granted for trading activities on Cable Beach;

 

3.2     the activity does not support and/or is not directly related to the recreational use and enjoyment of Cable Beach and its adjacent waters; and/or

 

3.3     the activity is proposed outside the section of Cable Beach specified in subclause 2.2,

 

where Council considers that there is sufficient merit in the proposed trading activity to justify its approval.

 

4.       A person must not hold more than one trading licence for a trading activity on Cable Beach at any time.

 

5.       Council may close Cable Beach to all activities, including trading activities, at any time.

 

6.         A licensee must have a valid permit issued by the Shire’s Chief Executive Officer in accordance with the Control of Vehicles (Off Road Areas) Act 1960. The licensee must at all times comply with the requirements of that Act.


Schedule 2

 

Additional provisions for commercial camel activities on Cable Beach

 

 

Additional provisions for commercial camel activities on Cable Beach:

 

Trading licences for commercial camel activities generally

 

1.       A maximum of three trading licences will be granted for commercial camel activities on Cable Beach.

 

2.       A person must not hold more than one trading licence for a commercial camel activity at any time, and must not have a Related Entity Interest in respect of the holder of another trading licence for a commercial camel activity.

 

3.       Each camel operator must operate independently, unless otherwise approved as part of an event or function approval issued in accordance with the Local Government Property and Public Places Local Law 2012.

 

4.       Each trading licence will allow a maximum of 18 camels per operator on Cable Beach at any time, unless otherwise approved by the Shire for extraordinary circumstances, eg. cruise ships and corporate/conference functions.

 

5.       Trading licences for commercial camel activities on Cable Beach will be approved for ten years.

 

6.       The conditions of a trading licence issued for a commercial camel activity will be consistent with the provisions in Part 4 in Schedule 2 of the Local Government Property and Public Places Local Law 2012.

 

 

Area in which licences will be approved

 

7.       Commercial camel activities may be conducted on Cable Beach:

 

7.1     between:

 

(a)  a point formed by the westerly prolongation to the low water mark of the northern boundary of Reserve 36477; 

 

(b)  a point formed by the westerly prolongation to the low water mark of the Northern Boundary of Lot 405 Lullfitz Drive; and

 

(c)  the high and low water mark, and

 

7.2     within the set down/pick up area allocated or approved by Council, including land required to traverse from the area identified in subclause 7.1 to this allocated or approved set down/pick up area.

 

 

Requirements for commercial camel activities

 

8.       All commercial camel activities must be undertaken in accordance with the provisions in Part 4 in Schedule 2 of the Local Government Property and Public Places Local Law 2012.

 

9.       Camel operators must only set down/pick up customers for their camel train at the set down/pick up area allocated to the operator in the operator’s trading licence, except where otherwise approved by the Shire due to adverse environmental or other conditions making the designated set down area unsuitable.  A portable sign may be placed in the set down/pick up area allocated in the operator’s trading licence as follows:

 

9.1     the sign must not exceed one metre in height;

 

9.2     each advertising panel on the sign must not exceed 0.8 square metres;

 

9.3     the sign must only contain details relevant to the commercial camel activity;

 

9.4     the sign must not be placed in a way that causes interference or is hazardous to vehicular traffic or pedestrians;

 

9.5     the sign must be of sound construction and maintained in good condition; and

 

9.6     the sign must be removed at the end of each trading session.

 

10.     No commercial camel activities can be undertaken on Cable Beach between 10am and 2.30pm, unless otherwise approved by the Shire for extraordinary circumstances e.g. cruise ships and corporate/conference functions.  Any request to conduct commercial camel activities in between 10am and 2.30pm must be made in writing, and if approved will be for a maximum period of two hours between 10am and 2.30pm.

 

11.     A camel operator must hold current approval from the Shire to keep a large animal in accordance with the Health Local Laws 2006.

 

12.     A single temporary shade structure can be erected for each commercial camel activity, no more than 3 metres by 3 metres in size and erected soundly and securely so as not to cause a hazard.

 

13.     All camels must be fitted with manure collection devices.  Any manure that escapes a manure collection device must be collected immediately.

 

14.     Camel operators must ensure that there is at least 30 metres between each camel train at all times.

 

Activities that can be undertaken as part of a commercial camel activity

 

15.     The following activities may be undertaken in accordance with a trading licence issued for a commercial camel activity:

 

15.1   camel tours;

 

15.2   the taking and sale of photographs and camel memorabilia associated with the commercial camel activity to customers undertaking camel tours; and

 

15.3   the sale of bottled water.

 

16.     A camel operator must not facilitate the provision by any other business of any goods or services (eg. provision of food or drinks) to the operator’s customers on Cable Beach or any other public place, except for:

 

16.1   to facilitate the provision of medical or other emergency services to customers where required; and

 

16.2   as part of an event or function approved as in accordance with the Local Government Property and Public Places Local Law 2012.

 

 

General

 

17.     Council may close Cable Beach to all activities, including trading activities, at any time.

 

18.     Council may, at any time, direct that access to Cable Beach be obtained from an alternative location to that approved in the trading licence, subject to a permit being obtained to take a vehicle in the vehicle prohibited area of Cable Beach.

 

 

Advice notes for camel operators

 

The following advice notes are provided as recommendations to assist camel operators in providing for a safe and professional service to customers. It should be noted that in providing this advice, the Shire accepts no responsibility for non-compliance of any occupational health and safety requirements or any other legislation.

 

A.      Informative introductory talks should be provided to customers covering all aspects of safety prior to clients commencing a camel ride.

 

B.      Camel operators should have a maintenance schedule to ensure all equipment used in association with the riding of camels is kept at a high standard.

 

C.      Camel operators should have a system for the recording of any incidents or accidents that may occur in operation of the commercial camel activities.

 

D.      An employee induction process should be introduced for all employees.

 

E.       It is recommended that first aid training be provided to employees and that first aid kits are carried on the camel tours.

 

F.       A mobile phone should be carried on all camel tours to ensure communication in the event of an accident, or contact with Shire Officers if necessary.

 

G.     It is recommended that camel operators hold current tourism accreditation to support a high standard of practice within the camel industry in Broome.

 

H.      Camel operators should endeavor to meet with Shire Officers prior to each new tourist season to discuss both the previous and upcoming season’s activities and other matters relevant to the operation of camel tours.

 

DISCLAIMER: The above information provides readers with advice, guidance and/or recommendations regarding specific operational conduct. The advice, guidance and/or recommendations contained herein do not constitute legal advice, and are not intended as an exhaustive statement of measures that should be undertaken to discharge the operator’s duty of care to clients and the public.

 


 

Schedule 3

 

Clause 4 - Criteria for assessing applications for a trading licence

 

 

Where Council has invited applications for trading licences for trading in a particular area or a specific type of trading activity, the application will be assessed against the following criteria:

 

1.       Compliance of the application with the criteria in clause 3 of this Policy.

 

2.       Compliance of the application with the Local Law.

 

3.       Experience of the applicant in conducting the activity the subject of the application, or other similar operations.

 

4.       Experience of staff and key personnel that will be involved in the conduct of the activity in conducting the activity the subject of the application, or other similar operations.

 

5.       Provision of three referees who can be contacted by the Shire about previous experience in conducting the activity the subject of the application, or other similar operations.

 

 


 

Schedule 4

 

Definition of Related Entity Interest

A person has a Related Entity Interest in relation to another commercial camel activity if any of the following applies:

 


Where both parties are natural persons

Where both parties are corporations

Where one party is a natural person and the other is a corporation

(a)  Partnership or joint venture.

(b)  Trustee/beneficiary.

(c)  Trustee/potential object of a discretionary trust.

(d)  Spouses or de facto partners living together.

(e)  Parent/child living together.

(f)   A person’s spouse, de facto partner or child living with the person, has a relationship of any of categories (a) - (c) to the other party.

 

(a)   Related corporations including parent/subsidiary companies and companies in the same corporate group.

(b)   Corporations in partnership or joint venture.

(c)   Except in the case of a publicly-listed company, corporations (other than community associations or clubs) with any degree of common membership.  Membership means:

(i)    Directors;

(ii)   Shareholders;

(iii)  Unit holders;

(iv)  Beneficiaries of trusts administered by unit holders;

(v)  Potential objects of such trusts.

(vi)  Spouse, de facto partner or child of any of categories (i) - (v).

        Persons need not be members of the two corporations in the same capacity.

 

(a)    Partnership or joint venture.

 (b)   Trustee/beneficiary.

(c)    Trustee/potential object of a discretionary trust.

(d)    Directorship.

(e)    Shareholding.

(f)     Unit holding.

(g)    Spouse, de facto partner or child living with the natural person party is in any of relationships (a) - (f) with the corporate party.

 

 

 


DEVELOPMENT AND COMMUNITY                              3.3.7

Health and Rangers

 

TITLE:

HORSES ON CABLE BEACH

ADOPTED:

OMC 9 December 2005 – Pages 29 – 34

REVIEWED:

OMC 9 December 2005 – Pages 29 – 34

OMC 1 August 2006 – Pages 14 – 19

OMC 19 March 2009 – Pages 26 – 31

OMC 27 March 2014 – Pages 94 – 99

OMC 17 December 2015 – Pages 110 - 121

ASSOCIATED LEGISLATION:

 

WA Local Government Act 1995

Shire of Broome Local Government Property and Public Places Local Law 2012

 

ASSOCIATED DOCUMENTS:

Application for Approval to Walk, Lead, Ride, Herd or Drive a Large Animal on Local Government Property and on Public Places

REVIEW RESPONSIBILITY:

Manager Law Enforcement and ComplianceHealth, Emergency and Ranger Services

DELEGATION:

 

LGA 1 Activities Requiring Approval

 

Previous Policy Number 4.5.2

Objective:

o identify the conditions and areas for riding and exercising of horses on Cable Beach to ensure an integrated and coordinated approach to the management of usage of Cable BeachTo facilitate the exercising of horses on Cable Beach whilst maintaining public safety and amenity for all beach users.

 

Definitions:

 

“Cable Beach” means that area of beach between the motor vehicle access/egress point at Gantheaume Point and the estuary at Coconut Well;

 

“Beach Foreshore” means the land in the Shire of Broome that lies between the high water mark and the low water mark of the Indian Ocean.

 

“Horse” means the horse and its rider and/or handler collectively.

 

“2 km Approved Horse Area” means that land which lies between the high water mark and the low water mark of the Indian Ocean or in the sea adjacent to the low water mark in the area extending northwards from the rocks at Gantheaume Point for a distance of 2km.

 

“Approved Horse Exercise Area” means the area of beach at Gantheaume Point between the high water mark and low water mark situated between the 500 metre sign and the northern boundary of the 2 km Approved Horse Area.

 

“Horses Only Access Track” means the track between Gantheaume Point Road and the beach foreshore area that is signposted “Horses Only”

 

“500 Metre Sign” means the advisory sign situated on the edge of the sand dunes 500 metres north of the Gantheaume Point beach vehicle access road.

 

“Horse Swimming Area” means the area of sea adjacent to the beach at Gantheaume Point situated within the 2 km Approved Horse Area.

 

“Approval” means the prescribed Application for Approval to Walk, Lead, Ride, Herd or Drive a Large Animal on Local Government Property and on Public Places issued pursuant to Local Government Property and Public Places Local Law 2012 Part 3.14 (g).

 

Policy:

 

This policy applies to the area known as Cable Beach and is defined as the area of beach between Gantheaume Point and the estuary at Coconut Well.

 

By an Approval, the Shire of Broome will allow horses to be ridden, exercised or swum on Cable Beach within specified areas.

 

Conditions:

 

Gantheaume Point

The following conditions will apply to horses on Cable Beach foreshore north of the rocks at Gantheaume Point:

 

All horses on Cable Beach must have an Approval from the Shire of Broome;

The Approval shall be issued to the horse owner or specified trainer;

An Approval shall be granted for one year ending 31 December each year and must be produced upon demand from a Shire of Broome Ranger or Authorised Person;

a)        Racehorses are only permitted on Cable Beach at Gantheaume Point from the 1 April until 31 August.

b)        Horse access to the Gantheaume Point beach shall be by either horse float or, if ridden or lead, by the Horses Only Access Track;

c)        Persons in control of a horse being ridden or led to the Gantheaume Point beach area shall ensure that the horse crosses over Gantheaume Point Road at the signed Horses Only Access Track.

d)        Horses using the access track are not permitted to use the track at more than a walking pace;

e)        Horses are only permitted within the 2 km Approved Horse Area;

f)          Once on the beach, horses are to proceed to the Approved Horse Exercise Area by either – (1) being lead or walked for the first 500m of the beach foreshore north of the rocks as close as practical to the high water mark or (2) being lead or walked from the Horses Only Access Track directly into the water and thence by swimming or walking;

g)        Horses may only be exercised by trotting or cantering within the Approved Horse Exercise Area;

h)         Horses can be galloped within the Approved Horse Exercise Area only between the hours of 5am and 10am;

i)          Horses may only be exercised by swimming or walking in the Horse Swimming Area;

j)          Any person riding or walking a horse must have the horse under effective control at all times and maintain a safe distance between the horse and any pedestrians, bathers, vehicles and boats of at least 6 metres and the person in control of a horse must give right of way to pedestrians, bathers, vehicles and persons launching boats;

k)         Any person liable for the control of a horse shall ensure that all excreta is removed from the beach foreshore area and from any public land traversed.

 

Cable Beach Reserve to Coconut Well

The following conditions will apply to horses on Cable Beach foreshore north of the rocks from Cable Beach Reserve to Coconut Well:

 

All horses on Cable Beach must have an Approval from the Shire of Broome;

The Approval shall be issued to the horse owner or specified trainer;

An Approval shall be granted for one year ending 31 December each year and must be produced upon demand from a Shire of Broome Ranger or Authorised Person;

a)       Horses can only be exercised within the beach foreshore area defined as that land which lies between the high water mark and the low water mark of the Indian Ocean or in the sea adjacent to the low water mark;

b)       Horses can only access Cable Beach north of the rocks via the access/egress point at Cable Beach Reserve or from the access/egress point at Coconut Well;

c)       Horses must be lead or walked on the first 3000m of the beach foreshore north of the rocks as close as possible to the high water mark;

d)       Horses are permitted to walk, trot, canter, gallop or swim on Cable Beach with the exception that horses can only be galloped on the beach foreshore between 5am and 10am;

e)       A horse may not be galloped within 50 metres of another person unless that person is associated with the person galloping the horse;

f)         Any person riding or walking a horse must have the horse under effective control at all times and maintain a safe distance between the horse and any pedestrians, bathers, vehicles and boats of at least 6 metres and the person in control of a horse must give right of way to pedestrians, bathers, vehicles and persons launching boats;

g)       Race horses are not permitted on Cable Beach between 2km north of the rocks at Gantheaume Point to Coconut Well;

h)        Any person liable for the control of a horse shall ensure that all excreta are removed from the beach foreshore area and from any public land traversed.

 


DEVELOPMENT AND COMMUNITY                              3.3.8

Health and Rangers

 

TITLE:

KEEPING OF 3-6 DOGS

ADOPTED:

OMC 27 November 2014 – Pages 18 - 22

 

REVIEWED:

OMC 17 December 2015 – Pages 110 - 121

 

ASSOCIATED LEGISLATION:

Dog Act 1976

Local Government Act 1995

Shire of Broome Dogs Local Law 2012

ASSOCIATED DOCUMENTS:

Keeping of 3-6 Dog Policy

Application Form

REVIEW RESPONSIBILITY:

Director Development Servicesand Community

DELEGATION:

 

Previous Policy Number 4.5.4

 

Objective: The objective of this policy is to;

 

1.         To provide guidance to Council, staff and the public on the circumstances under which between three (3) and six (6) dogs may be kept on a property.

2.         To provide delegated authority to the Chief Executive Officer to approve between three (3) and six (6) dogs on a property.

3.         To promote animal welfare, the responsible ownership of dogs and the protection of the environment.

Definitions: The definitions used in this policy are;  

 

 ‘Authorised officer’ means a person appointed by the Shire of Broome to exercise powers on behalf of the Shire of Broome under the Dog Act 1976 (section 29(1)).

 

‘Property’ means an area of land with a residence which a person has a lawful right to occupy and is clearly demarked by way of a fence or clearly defined barrier.

 

‘Town site’ means the area of the district that is defined within in the Local Planning Scheme for Broome and the adjacent Morrell Park/Remangarli area.

 

Policy:

 

1.       This policy guides officers on the processing of dog applications in a fair, transparent and consistent manner having regard to the relevant Acts, Regulations, Local Laws and aims to ensure harmony in the immediate neighbourhood due to issues that could occur through having multiple dogs on a single property.

 

2.       The Dog Act 1976 s26 permits a Local Government to make a local law to allow the keeping of between 2-6 dogs at a premise. The Shire of Broome Dog Local Law 2012, limits the number of dogs that can be kept on any premises to two (2) dogs over the age of three (3) months and the young of those dogs under that age unless in a licensed approved kennel establishment or granted an exemption under s26 of the Dog Act 1976.

 

3.       An owner or occupier of land within the district of Broome site shall not be allowed to keep more than two (2) dogs over the age of three (3) months on a property, without the prior written approval of the Council. To obtain an approval, the resident must occupy a dwelling on the property and submit an application in writingform, for processing.

 

.         Applications to keep more than two dogs on in-town properties are unlikely to be supported unless genuine need or compassionate grounds are demonstrated by the applicant. The maximum number of dogs that can be considered for any one property is set out in the table below:

Site

Maximum Number of Dogs that could be approved

·    Property located within the town site, with a legal area less than 800m2.

Two (2) dogs

·    Property located within the town site, with a legal area greater than 800m2.

Three (3) dogs

·    Property located outside of the town site.

Up to six (6) dogs. If approval sought for more than 3 dogs, must be demonstrated that at least half the number of dogs on the property are working dogs associated with an agricultural pursuit.

 

5.         The dogs are not to be dangerous dogs (declared) or dangerous dog (Restricted Breed).

 

6.         An application for an exemption to have more than two (2) dogs on a property must be accompanied by the following information:

 

a)  Contact details of the applicant, including their full name, residential, business and postal address, and residential and business telephone number of the keeper of the animals.

b)  Complete details of the property on which the dogs will be kept, with specific reference to PART 3 of the Shire of Broome Dogs Local Law 2012 – Dogs to be confined.

c)  The reasons for which the permit is required.

d)  Detailed plans showing the specifications and location of fencing and yards in relation to the boundaries and dwellings and proximity to adjoining properties.

e)  The total number of dogs and:

I.    the name;

II.    the primary breeds of the animals;

III.   the primary colours of the animals;

IV.  the age of the animals;

V.  the sex of the animals and details of whether they are entire or desexed;

VI.  the registration numbers; and

VII. the microchip numbers.

f)    The method of intended waste disposal. 

Should the applicant not be the owner of the animal or the premises, full particulars of the relevant owner including those persons’ consent to the making of the application.

7.       Adjoining landowners will be contacted by the Ranger department to establish if any valid objections exist All applicants to keep between three (3) and six (6) dogs on a property will be required to submit with their application and written consent from their adjoining landowners as set out in the table below:

 

Property Location

Radius Of Neighbour Notification

Within town site boundary

All properties within 50m

Properties abutting town site boundary  

All properties within 50m

Properties outside of town site boundary

All properties within 100m

 

8.       Adjoining landowners will have 14 days from the date the applicant refers the application to them to lodge a written submission on the proposed application. Where no response is received, Council will take the view that the adjoining owners have no objection to the application.

 

9.       Prior to determination of an application to keep three (3) to six (6) dogs on a property, an authorised officer of Council may inspect the subject property to validate:

 

a)  That fencing is adequate, is of sufficient height and strength to contain the applicants dogs.

b)  Sufficient exercise area is available to the dogs.

c)  That the premises will at all times be maintained in good order and in a clean and sanitary condition, requiring that dog faeces are removed regularly and in an appropriate manner. 

d)  Sufficient shelter from the elements is available.

e)  Sufficient water is available to the dogs.

f)    Number of animals present.

g)  Suitability of breeds for intended property area.

h)   That waste disposal is adequate.

i)    Not restricted breeds or dangerous dogs

j)    And any other matters that are relevant to the application.

 

10.     If any remedial work is required from the inspection, then this is to be carried out prior to processing the application.

 

11.     An authorised officer will also be required to determine that there has been no history or current incidence of complaints in relation to dogs on the property, including dog barking, dog attacks, dogs wandering, and unregistered dogs.

 

12.     Any application approved by Council shall be an approval only for; the dogs and the property named in the application.

 

13.     If aA history of transgressionnon-compliance with the Dog Act 1976 or Shire Local Laws by the applicant may be is found to exist, which is not considered sufficient reason for refusal of the application, the application may be approved

Any applicant whose application has been refused or is not satisfied with the conditions placed on an approval is to be advised of their right of appeal to the State Administrative Tribunal and they have a maximum of 28 days from the date of notice to lodge their appeal.

 

14.     Council reserves the right to revoke any approval to keep three (3) to six (6) dogs on a property if it is considered that a breach or offence against the Dog Act 1976 or Shire of Broome Dogs Local Law 2012 or non-compliance with the Keeping of 3-6 Dogs Policy. In this circumstance, the Council may require that the number of dogs on the property be reduced to a maximum of two (2) within fourteen (14) days.

 

Possible breaches of the policy would include; the premises is not adequately fenced with prime facia proof that a dog escapes more than once, and there is a history or current incidence of dog nuisance, wandering or control that is likely to impact on the surrounding community.

 

The Chief Executive Officer is delegated authority to perform the functions of Council in respect to the following:

a) The determination of applications to keep between three (3) and six (6) dogs on a property, where the application meets all requirements of this policy, the Shire of Broome Dogs Local Law 2012 and no written objection has been received from adjoining landowners during the notification period;

b) The determination of applications to keep between three (3) and six (6) dogs on a property, where the application meets all requirements of this policy, the Shire of Broome Dogs Local Law 2012 and a written objection is received which is not considered sufficient reason for refusal of the application;

c) To refuse any application that does not comply with the policy; and

d) To refuse applications to keep more than six (6) dogs on a property that are not in connection with a dog kennel facility approved under Council’s relevant Local Planning Schemes.

 

Any application not considered to fall within the delegation parameters of this policy is to be referred to Council for determination.


 

APPLICATION FORM FOR APPROVAL OF 3-6 DOGS

 

To

Chief Executive Officer

Shire of Broome

PO Box 44

BROOME   WA   6755

From:

Name

Residential Address

Home Contact

Business Contact

Animal Keeper Contact

Reasons for which the permit is required:

 

 

 

Dogs

(1)

(2)

(3)

(4)

(5)

(6)

Name

 

 

 

 

 

 

Primary breeds of the animal

 

 

 

 

 

 

Primary colours of the animal

 

 

 

 

 

 

Age of the animal

 

 

 

 

 

 

Desexed

 

 

 

 

 

 

Registration Number

 

 

 

 

 

 

Micro-chip Numbers

 

 

 

 

 

 

Method waste disposal (solid & liquid):

 

 

 

Facility for Housing the Dogs: (Fencing, exercise area, housing)

 

 

 

Consent of the adjoining Land Owners:

Landowner 1:  I/We from (Address) ...................................................... hereby consent ................................. on (Date) ........................................ or I wish to make a submission: ....................................................................................................................................................

....................................................................................................................................................

Landowner 2:  I/We from (Address) ...................................................... hereby consent ................................. on (Date) ........................................ or I wish to make a submission: ....................................................................................................................................................

....................................................................................................................................................

Landowner 3:  I/We from (Address) ...................................................... hereby consent ................................. on (Date) ........................................ or I wish to make a submission: ....................................................................................................................................................

....................................................................................................................................................

Landowner 4:  I/We from (Address) ...................................................... hereby consent ................................. on (Date) ........................................ or I wish to make a submission: ....................................................................................................................................................

....................................................................................................................................................

For Shire Use: Date received: .................................... Receipt No: ...................................

Referred to Health and Rangers: ............................. Date of Inspection: ..........................

Health and Rangers:   Recommended/Not Recommended

CEO Approval/Not Approved: ...........................................................

Approval/Not Approved: ....................................................................

 

 


DEVELOPMENT AND COMMUNITY                                3.4.1

Community and Economic Development

 

TITLE:

BROOME HISTORY COLLECTION

ADOPTED:

OCM 30 August 2007 – Pages 43 - 47

REVIEWED:

OCM 19 March 2009 – Pages 26 – 31

OMC 15 March 2012 – Pages 96 – 103

OMC 27 March 2014 – Pages 94 – 99

OMC 17 December 2015 – Pages 110 - 121

ASSOCIATED LEGISLATION:

Copyright Act 1968 (Cth)

Article 19 of the United Nations Universal Declaration of Human Rights
http://www.un.org/Overview/rights.html

Article 19 of the International Covenant on Civil and Political Rights
http://www.unhchr.ch/html/menu3/b/a_ccpr.htm

International Federation of Library Associations and Institutions Statement on Libraries and Intellectual Freedom
http://www.ifla.org/faife/policy/iflastat/iflastat.htm

ASSOCIATED DOCUMENTS:

Australian Library and Information Association (ALIA) Statement on free access to information.

REVIEW RESPONSIBILITY:

Manager Community and Economic Development

DELEGATION:

Nil

Previous Policy Number 5.1.2

 

Part A

Objective:

 

·     To ensure preservation of historical documents

·     To increase historical awareness within the community

·     To encourage further study into Broome’s history

 

Definitions:

 

The collection will include items which are relevant to the Shire:

Geographically –

Chronological

Sociological

Physical

 

Policy:

 

AIMS:

 

General Resources:

 

·     To record the history of Broome, both past and present boundaries, in as complete a way as possible so as to understand the development of the area and the lives of the people who have been a part thereof.

 

·     To record present day attitudes, physical features and lifestyles so as to maintain an historical record for the future.

 

Electronic Resources

 

·     Provide material and facilities which support and enhance the Local Studies Collection including genealogical resources and other areas of historical interest. Various online databases and internet search facilities for the public will be provided free of charge.

 

Oral History

 

·     To integrate the recording of reminiscences into other aspects of the collection.

 

·     To gain insights into forces of change: effects of social, political, economic and physical developments, on people’s lives in the area.

 

·     To collect attitudes, prejudices and experiences which are neither recorded nor available in any other medium.

 

·     To collect information which will facilitate understanding of the informal communication process and traditional cultures of the area; i.e. to incorporate some aspects of folklore.

 

Part B

Management Procedure

 

Guidelines

 

Acquisition Policy

 

1.    Materials for the collection are obtained by purchase, copying agreements, deposit arrangements or donation. Acquisition of items is the responsibility of the Library Coordinator and will be selected according to the current Collection Management guidelines. Because of the uniqueness of the collection, items will generally not be withdrawn unless the condition of the material is beyond repair. Continual growth through acquisition of items that meet the selection criteria will ensure the steady development of a comprehensive Local Studies Collection.

 

2.    Donations shall be appraised by the Library Coordinator (or representative) for their relationship and value to the collection, and will only be accepted under terms laid down by this Policy. Any conditions placed upon the donation will be documented. These may include copyright issues or restrictions upon the display of the materials.

 

All care shall be taken of the items during the appraisal process.  Items not deemed appropriate to the collection shall be offered back to the donor. No financial valuation of items shall be undertaken by the Library Coordinator, who may, however, direct possible donors to qualified valuers, for an assessment of the financial value of the items in question if this is necessary or deemed appropriate.

 

3.    Items that have been accepted into the collection shall be the property of the Shire of Broome, in the custody of the Library Coordinator, and may, at some future date, be sold, transferred to another institution or destroyed as appropriate. Where donations to the collection have been made under the Taxation Incentive for the Arts scheme, such donations will be transferred to the Library Board of Western Australia, or other beneficiaries under the scheme as appropriate.

 

4.    In the event of the Local Studies Collection being dissolved, the contents of the History Collection will remain the property of the Shire of Broome, subject to the provisos outlined above or will be transferred to the Library Board of Western Australia.

 

Geographical items:

 

Primary responsibility

 

·     Areas currently defined by the boundaries of the Shire of Broome.

·     Areas no longer part of the Shire of Broome but which have been at any stage under the jurisdiction of the Shire of Broome or previously the Broome Road Board.

 

Secondary responsibility

 

·     The Kimberley Region, that is, the area in the immediate vicinity of the Shire of Broome.

 

Tertiary responsibility

 

·     The area that defines the State of Western Australia and its development insofar as it is in connection with the development of the Shire of Broome.

 

Chronological items:

 

·     From prehistoric times, through settlement and subdivision to present day developments and decisions affecting the future of the Shire of Broome.

 

Sociological items:

 

·     To contain works by people who have lived or worked in the Shire of Broome. No distinction to be made, in terms of relative importance, between the various racial, cultural and ethnic groups within the community.

 

Physical items:

 

To Contain

Print Materials

 

·     Monographs and Pamphlets

·     Local and family histories

·     General West Australian works which cover the area in some depth

·     Fiction works which relate to the area, history or inhabitants

·     Genealogical works

·     Appropriate sections of postal directories, street directories, sketch books

·     History books, diaries, college and university theses, personal written reminiscences and letters.

 

Shire Records

 

Pursuant to the legal requirement that local government records of archival value are deposited in the State Records Office, duplicates of certain materials will be retained.

 

Correspondence files which are not required to be deposited with the State Records Office for archival retention and which may have some historical significance may be assessed if deemed appropriate for retention in the collection.

 

Publications of the Shire – Annual Reports, departmental reports, consultant’s reports, budget statements, and any other publications which are deemed relevant will be included.

 

Newspapers

 

Collection of the Broome Advertiser newspaper, its predecessors, the Broome Newsletter, the Broome News and any other relevant newspapers and articles which come to the attention of the Shire of Broome Library staff.

 

Government publications of significance to the area

 

As applicable.

 

Ephemera

 

Collection of items on a sample basis which indicate social and community Aactivities and services such as tickets, posters, menus, programmes, pamphlets, invitations and ephemera, which identifies changes in style; e.g. posters, notices of land sales, demolitions, advertisements.

 

 Serials

 

A substantial collection of newsletters and reports of community groups and organisations are collected by the Broome Historical Society. Researchers will be directed to the Broome Historical Society for further information.

 

Photographs

 

Photographs of:

 

·    Any activity, organization, event, building or person considered relevant to the history of Broome

·    Events of importance

·    Thematic collection, e.g. shops, roofs, houses, where practicable and possible

·    Photographs prior to demolition/construction of any building, structure or tree or anything, which may change the vista of the area.

 

Cartographic Materials

 

·     Published and unpublished maps

·     Survey maps

·     Land subdivision/real estate plans

·     Aerial photographs

·     Architectural and engraving plans

 

Sound Materials

 

·     Cassette tapes

·     Film and , videos and DVDs

·     Compact discs

·     CD-ROMS

 

Microformats

 

Microform will be acquired as appropriate (according to ease of use, availability, Preservation of originals) eg Council rate records, genealogical resources.

 

Artefacts

 

The History Collection will not include artefacts or items of memorabilia, costumes or other objects which would be better suited in a Museum or Art collection, due to the problems of listing, preserving and housing such material. Gifts to the Council may, in certain circumstances, be accepted into the collection. Staff will suggest the donation of artefacts to an appropriate institution, e.g. the Broome Historical Society. Items of local interest may be photographed and the photographs included in the collection.

 

Criteria for Inclusion

 

Items donated by local residents may contain a range of images, many of which may not be relevant to the collection.  Clear guidelines for what will be included in and excluded from the database are necessary.

 

The term “image” is to include photographs of any type taken by amateur photographers or professional photographers, commercially produced postcards or photographic series pertaining to an area or photographs copied from publications.  Inclusion of any of any of these images must be within the copyright policy and within the guidelines outlined below.

 

Geographic area

Images will be included if they have been taken within the Shire of Broome.

 

People

Photographs of people will be included if they were residents of the Shire of Broome at the time the photograph was taken or if they have been deemed to be significant to the development of the Shire. 

Do not include

 

Photographs, which are repetitious of people or places.

 

Albums will often include several images of the same person at the same stage of life and several images of the same place at a particular time will not be included.  There is little point cluttering the database with basically the same image.  However, judgment will always need to be applied.  Photographs of the same building from substantially different perspectives would normally be included and photographs of the same person but at substantially different ages would be included.  The importance of the person to the area should also be taken into account

 

Photographs of people outside defined areas

Many albums contain photographs of people on holiday elsewhere.  Do not include these in the collection.

 

AccessPolicy

 

The History Collection of the Shire of Broome Library shall be open to all members of the general public, and to the staff and ratepayers of the Shire of Broome, in line with the general principles laid down in the current Collection Management guidelines, and the Australian Library and Information Association (ALIA) Statement on free access to information. Designated items are for reference only and not for loan. Material may be photocopied according to copyright restrictions.

 

Researchers will be expected to make due acknowledgment of material located within the Local History Collection and must abide by any restrictions placed on the material if it was a part of a conditional donation.

 

Copyright provisions apply to all published material in the collection. Should a researcher wish to use any unpublished item for publication, written permission must be first sought from the Manager Library and Heritage Services.

 

Copies of all or part of unpublished materials may be made, subject to the wishes of the donor of the material.

 

Photographs:   

No print or negative may be lent to any individual, organization or photographer. 

 

Photographs will only be available on application to the Library, subject to the terms of the Copyright Act.

 

Copyright PolicyStatement:

 

This policy has been developed after carefully examining the Copyright Act 1968 (Cth) as it affects photographs.  The practices adopted by other organisations, particularly those followed by the National Library of Australia and the State libraries of Victoria and New South Wales, have also been consulted.

 

Guiding principlesThe following principles apply:

 

·     Practices should be totally within the Copyright Act 1968.

·     Practices should protect the copyright owners.

·     Practices should minimise any possible litigation against our employers, employees and ourselves.

·     Best practice should be followed.

·     Practices should optimise service to our clients while at the same time making them aware of aspects of copyright, which might impinge on them.

 

Copyright Notice

 

A copy of the Copyright Act 1968 will be made available at the library Issue Desk.  Copyright law is very complex and constantly evolving. The information in this notice is provided as guidance only.

 

The Copyright Act 1968 is applicable if a work was created or first published in Australia or if the copyright owner was an Australian resident or a person resident in Australia at the time of creation. Works created overseas are protected by international copyright agreements of which Australia is part. The information supplied in this document applies to Australian materials. Copyright protection may differ in other countries.

 

Further information about copyright obligations may be found by consulting the Copyright Act 1968 or by contacting the Australian Copyright Council, 3/245 Chalmers Street, Redfern, NSW 2016.

(URL http://www.copyright.org.au)

 

Review

 

The Library Coordinator, on behalf of the Shire of Broome, shall administer this policy under the direction of the Manager Community Development.

 

This policy will be reviewed in line with any schedule laid out by the Shire of Broome.

 

The Coordinator may call upon other interested persons to give the benefit of their interest and experience as required.

Ethics

 

Staff will follow codes of ethical practice established by the Australian Library and Information Association, the Australian Society of Archivists and the Oral History Association of Australia, which cover copyright regulations, rights of privacy etc.

 


DEVELOPMENT AND COMMUNITY                          3.4.2

Community and Economic Development

 

TITLE:

COMMUNITY SPONSORSHIP PROGRAM

ADOPTED:

OMC 5 June 2008 - Pages 43 – 47

REVIEWED:

OMC 19 March 2009 – Pages 26 – 31

OMC 27 October 2011 – Pages 62-69

OMC 15 March 2012 – Pages 96 – 103

OMC 19 September 2013 – Pages 14 – 18

OMC 27 March 2014 – Pages 94 – 99

OMC 17 December 2015 – Pages 110 - 121

ASSOCIATED LEGISLATION:

 

ASSOCIATED DOCUMENTS:

Sponsorship Guidelines

REVIEW RESPONSIBILITY:

Manager Community and Economic Development

DELEGATION:

 

   Previous Policy Numbers:    5.1.5

 

Part A

 

Objective:

 

The Shire of Broome Community Sponsorship Program aims to enable the Shire to make a proactive contribution to community development.

 

Funds are provided to assist local community based organisations and to establish a partnership for the promotion and development of social, cultural, economic, recreational, environmental and reconciliation projects and initiatives on an equitable and accountable basis.

 

Funding priorities are aligned to the Shire’s Strategic Community Plan.

 

Definitions:

 

Nil

 


DEVELOPMENT AND COMMUNITY                          3.4.3

Community and Economic Development

 

TITLE:

PUBLIC ART

ADOPTED:

OMC 26 August 2008 – Pages:  21 - 23

REVIEWED:

OMC 19 March 2009 – Pages 26 – 31

OMC 15 March 2012 – Pages 96 – 103

OMC 27 August 2015 – Pages 86 – 90

OMC 17 December 2015 – Pages 110 - 121

ASSOCIATED LEGISLATION:

Local Government Act 1995

ASSOCIATED DOCUMENTS:

Local Planning Policy 5.12 Provision of Public Art

Shire of Broome Public Art Master Plan 2015

Business Operating Procedure - Public Art Guidelines

Appendix A – Public Art Guidelines

Appendix B - Guidelines for Developers – Provision of Public Art LPP 5.12

REVIEW RESPONSIBILITY:

Deputy CEO/Director Community and Economic DevelopmentManager Community and Economic Development

DELEGATION:

Nil

Previous Policy Number – 3.4.3

 

Background

 

Art can play an important role in connecting people to place and providing a reflection and interpretation of the uniqueness of their culture and history.  It can be a positive visual reminder of the sense of shared community.  It may also enhance the attractiveness and cultural significance of a place and encourage further investment in the local economy.

 

The Shire’s Local Planning Policy 8.20 Provision of Public Art was adopted in order to ensure that any new development or redevelopment (subject to the conditions of the LPP) makes a contribution of 1% of the total construction        cost to the provision of public art.  Under the policy, the Developer may make the contribution directly to the Shire or may choose to include public art to the same value in the development.

 

This document provides a policy context for the development and     implementation of public art projects within the Shire of Broome.

 

Objectives:

 

·    To ensure the development of high quality public art to contribute to the amenity of the town.   

 

·    To involve and collaborate with the community to build local capacity and ensure that public art projects are relevant and reflect the social, cultural, environmental and heritage values of Broome.

 

·    To provide a framework for best practice commissioning, implementation, delivery, asset management and de-commissioning of public art within the Shire.

 

·    To encourage the integration of public art throughout the Shire and to acknowledge the creative industries as potential economic drivers.

 

 

Definitions:

 

Public Art

 

Public Art can be defined as artwork located in public spaces other than supervised outdoor gallery spaces. The term public art may cover a wide range of art forms including but not limited to: permanent three-dimensional and two-dimensional works such as sculptures, murals, mosaics, entry statements and unique street furniture elements; temporary and ethereal works such as projection works, lighting, multi-media and performance based work.

 

Outdoor Gallery Art

 

Outdoor Gallery Art can be defined as that artwork which forms part of a collection of stand alone artwork located in a public space, but not necessarily an integral element within that space. Outdoor Gallery Art may be works that could be moved from one site to another or may be site specific works that have been conceived for a specific site and therefore not transferable. They may also commemorate an individual or event of relevance to the location.

 

Integrated Art

 

Integrated Art can be defined as artwork created by an artist that has been conceived especially for a site or building and forms part of the built environment.  Integrated artwork can be considered as both an art piece in its own right but integral to the project environment and/or as artists creating functional elements of the street or landscape environment.  Integrated artworks are commissioned as part of civic capital works programs such as streetscapes, parks and building projects.

 

Community Art

 

Community Art can be defined as work resulting from a high degree of community consultation and/or participation.  A community artist(s) in consultation or collaboration with members of the community may create community artwork.

 

Public Realm

 

The Public Realm can be defined as including but not limited to streets, squares, parks and spaces within buildings that are accessible to the general public and in the ownership of, or under the control of Council, State Government or Commonwealth Government agencies.  Spaces accessible to the general public but in private ownership are also perceived to be part of the public realm.

 

Professional Artist

 

For the purposes of this policy, a professional artist will be defined as a person who meets at least two of the following criteria;      

 

a)  Has a university degree or minimum three year full time TAFE Diploma in visual arts, or when the brief calls for it, other art forms such as digital-media;

 

b)  Has a track record of exhibiting their artwork at reputable art galleries that sell the work of professional artists;

 

c)  Has had work purchased by major public and private collections, including (but not limited to) the Art Gallery of Western Australia, any of the university collections or Artbank;

 

d)  Earns more than 50% of their income from arts related activities, such as teaching art or design, selling artwork or undertaking public art commissions;

 

e)  Can produce a referenced folio of works that is of high quality and relevant to the commission.

 

Art Consultant

 

For the purposes of this policy, an arts consultant will be defined as a person who can demonstrate the following previous experience;    

 

a)  Managing art projects and curatorial work with a working knowledge across a range of art forms, media and materials;

 

b)  Communicating effectively with key project stakeholders;

 

c)  Developing and working collaboratively with project teams;

 

d)  Involving the community in collaborative processes and building the capacity of local artists;

 

e)  Interpreting three dimensional spaces from technical drawings and to generate ideas for the integration of artwork within these spaces.

 

Part B

Management ProcedurePolicy Statement:

 

By the implementation of this policythis procedure through the Arts, Culture and Heritage Advisory Committee the Shire of Broome aims to:

 

a)  Focus on expression of local identity and sense of place and celebrate cultural heritage and cultural diversity.

 

b)  Provide opportunities for the whole community to participate in the development of Broome specific public art through interpretive, cultural and community public art in public spaces.

 

c)  Provide opportunities for engagement, employment and skills development of local artists and arts workers.

 

d)  Promote Broome as a tourism destination through diverse and iconic destination art works that reflect and interpret Broome’s contemporary cultural richness, its unique natural environment and its archaeological, cultural, pastoral and industrial heritage.

 

e)  Provide contemporary and relevant linkages between the growing numbers          of distinct precincts within the Broome town site and more widely within the Shire of Broome.

 

f)    Provide the purpose for attracting local, state and federal funding opportunities and where public art is opportunistically achieved by definition in the public realm.

 

g)  Integrate contemporary art with the principles of town planning and design.

 

h)   Enhance the visual and experiential amenity of land, country, street and town scapes through diversity in public art using permanent, temporary and event-based public art.

 

i)    Develop a model of governance and best practice relative to Public Art in a regional centre with a global focus.

 

Funding and Development:

 

The Shire of Broome will implement and or commission the design, construction and installation of art works in spaces directly controlled by the Shire of Broome eg parks, reserves, streets, Shire buildings etc, with funding that is:

 

a)   conditional on the annual budgeting process and the Shire’s Long Term Financial Plan, Community Strategic Plan and Corporate Business Plan;

 

b)   as a result of contributions received under the conditions of Local Planning Policy 8.20; and/or

 

c)   sought from external sources by Shire officers.

 

Private developers will ordinarily manage and implement the design, construction and installation of art works within their individual projects consistent with the Shire of Broome Public Art Master Plan and in accordance with the Shire’s Guidelines for Developers Provision of Public Art – LPP 8.20.

 

Land developers will implement the design, construction and installation of public art works within their required POS, and undertake a local community involvement strategy for its conceptual design, consistent with the Shire of Broome Public Art Master Plan.

 

Individuals, private groups and community artists invited to apply for the purpose of producing public art will be expected to seek independent funding for the specific purpose, design, support, construction and installation of their work - where they have agreement from the Shire of Broome and the Arts, Culture and Heritage Advisory Committee, regarding place, concept, form and community involvement that is consistent with the Shire of Broome Public Art Master Plan.

 

Ownership, insurance, retention, storage and decommissioning of public art in spaces controlled by the Shire of Broome will be determined by the Public Art Reference Group for resolution by the Shire of Broome.  Public art in spaces not controlled by the Shire of Broome will be managed contractually by this Policy.

 

Approvals:

Matters relating to the implementation of public art will be considered by the Arts, Culture and Heritage Advisory Committee for recommendation to Council.  The ACHAC may invite persons with specific knowledge and/or expertise to provide advice as required. 

The ACHAC will make recommendations to Council relating to public art on behalf of the Shire regarding the;  

(a)     location and scale of the artwork;

(b)     budget parameters and sources of funding including use of the Public Art Reserve;

(c)     commissioning process to be used;

(d)     selection of artist(s);

(e)     concepts and design

 

Ownership and Conservation:

 

Ownership of public art will be defined by the commissioning process and contract, and the land on which it is located.  Artwork located on Shire owned or managed land will become the property of the Shire of Broome. Artwork located on private land will be the responsibility of the private owner.

 

The owner will be responsible for the maintenance and conservation of the artworks from installation to the point of removal or disposal.

 


DEVELOPMENT AND COMMUNITY                          3.4.4

Community and Economic Development

 

TITLE:

HIRE OF PROMOTIONAL BANNER SITES

ADOPTED:

OMC 19 March 2009 – Pages 26 – 31

REVIEWED:

OMC 16 April 2009 – Pages 144 – 148

OMC 15 March 2012 – Pages 96 – 103

OMC 17 December 2015 - Pages 110 - 121

ASSOCIATED LEGISLATION:

Local Government Act 1995

ASSOCIATED DOCUMENTS:

 

REVIEW RESPONSIBILITY:

Manager Community and Economic Development

DELEGATION:

Nil

revious policy No 5.1.8

Part A

 

Objective:

 

The Shire of Broome overhead banner frame on Hamersley Street and various smaller pole banner sites are available for hire by “not-for-profit” community organisations, government departments and other organisations to publicise events considered appropriate by the Shire.

 

Events should promote Broome or the Broome lifestyle and be a significant sporting, cultural, recreational, educational, community or tourist related activity.

 

Applications for promoting events outside the Broome Township will be considered if the applicant demonstrates a positive economic impact for Broome through the promoted event.

 

Applications for promoting events outside the Broome Township will be considered if the applicant demonstrates a positive economic impact for    Broome through the promoted event.

 

The Shire provides this service toTo:

 

1.         Enhance the ability of community organisations, government departments and organisations to promote Broome events through the use of Council’s street sites on a “user pays” and “cost recovery” principle.

 

2.         Convey timely information to the public about sporting, cultural, community, education, recreation and tourism events occurring in Broome.

 

Definitions:

 

Community based “not-for-profit” organisations shall mean legally incorporated bodies in accordance with the Associations Incorporation Act 1987.

 

Policy:

 

1.1       The Shire of Broome overhead banner frame on Hamersley Street and various smaller pole banner sites are available for hire by “not-for-profit” community organisations, government departments and other organisations to publicise events considered appropriate by the Shire.

 

1.2       Events should promote Broome or the Broome lifestyle and be a significant sporting, cultural, recreational, educational, community or tourist related activity.

 

Part B

 

Management Procedures

 

·    1.3      Applications for promoting events outside the Broome Township will be       considered if the applicant demonstrates a positive economic impact for        Broome through the promoted event.

1.           General

 

·    1.4      Bookings shall be made through Shire of Broome Events Coordinatordepartment

 

·    1.5      Bookings will be accepted from organisations which are promoting an event      that:

 

 Increases visitation to Broome; - Assists the Shire to achieve relevant outcomes as per its strategic plan;

- Provides direct economic benefits to Broome;

- Is of significance to Broome, as the major town of the Kimberley region;

- Reflects the Broome culture and lifestyle;

- Enhances community engagement.

 

·    The hire of pole banner sites shall only be available for the entire number of pole banner sites for any of the approved pole banner localities identified in Clause 4.2 of the policy, unless otherwise approved.

 

·    The Shire will not hire out banner frames for promoting events which conflict with community oriented events being held within the Shire, or where the event is considered to be inappropriate. The Shire reserves the right to accept or reject any application for hire of any banner site.

 

·    Where there is a conflict between two or more parties for a banner installation at the same location and time, community based event applications shall take precedence over all other applications.

 

·    Any conflict requiring resolution shall be referred to the Chief Executive Officer whose decision shall be final.

 

·    The Chief Executive Officer shall determine which banner application shall take precedence and no obligation shall exist to any particular applicant irrespective of the timing of the respective applications.

2.       Applications/Bookings

 

·    2.1 The minimum hire period for all street banner locations is one (1) week and a        maximum of six (6) weeks per booking. Banners shall be installed and removed and the hire period shall commence and end on a Monday.

 

·    2.2 Events and activities that take place over a one-day period have a minimum booking period of one week, being the week in which the activity occurs.

 

·    2.3 Organisations are limited to making two bookings per year, unless otherwise approved. However, bookings may be accepted throughout the year.

 

·    2.4 Applications for bookings need to be submitted a minimum of four (4) weeks prior to the proposed installation date.

 

·    2.5 Applications shall be accompanied with details of the proposed text and design including a sketch of each separate banner image.

 

·    2.6 The applicant must accept and acknowledge full responsibility for public risk and indemnify the Council from and against all claims for damages and the like arising from the display of the banners.

 

·    2.7 The overhead banner site may not be available at times throughout the year including the period between the last week of October and the first week of January depending on the Shire’s installation of Christmas decorations, or in any other period.

 

3.       Fees & Charges

·    3.1The Fees to be charged for the installation of banners shall be as stated in Council’s Annual Statutory Fees and Charges Schedule which are set each year with the Shire Budget.

 

·    3.2 Full payment is required within 14 days of booking.

 

·    3.3 The following booking cancellation policy applies:

 

- More than four (4) weeks notice prior to installation – full refund;

- From two (2) to four (4) weeks notice prior to installation – 50% refund;

- From one (1) to two (2) weeks notice prior to installation – 25% refund;

- Less than one (1) weeks notice prior to installation – No refund.

 

4.       Site Locations

 

·    4.1 The overhead banner site is situated on Hamersley Street.

 

·    4.2 The pole banner sites are situated at various localities as follows:

 

- Cable Beach Rd (W) Divers Tavern to Cable Beach Club Resort - 6 poles

- Frederick St near Broome Senior High School - 11 poles

- Intersection of Frederick St and Cable Beach Rd (E) - 6 poles

- Corner Port Drive and Guy St - 5 poles

 

5.       Guidelines

 

·    5.1 All banners shall be supplied by the applicant.

 

·    5.2 A high standard of design presentation is required to ensure banners are        complimentary to the Broome streetscape and its public amenity.

 

·    Designs should feature strong colourful graphics with a concise message, be visually pleasing and easily read by pedestrians and motorists.

·    If a Shire logo is required, brand guidelines shall be adhered to and approved by the Shire prior to presentation of the banner for installation.

·    Banner designs must adhere to the Shire’s Banner Design Guidelines available from Shire of Broome Customer Service or www.broome.wa.gov.au . The Shire is unable to erect banners which have not been made in accordance with these specifications.

·    Banners may be reused for future bookings provided the banners are in a good state of repair and of a high standard of presentation.

·    Banners that are in disrepair will not be accepted for installation until such time as they are repaired to a satisfactory condition and they meet the banner design guidelines.

·    The Shire maintains frames suitable for pole-banners and the use and fitting of these frames are included in the fee.


 

Overhead Banner Details

 

Hamersley Street

 

·      Material – Heavy Duty 650 gram PVC

·      Dimensions – 9m length x 920mm width

·      Eyelets – brass eyelets at corners and at every 100mm

·      Wind vents x 8 ( V cuts )

·      Small point of V cut towards the bottom

·      All edges must be seamed

·      Design should be on both sides of banner

 

 

Pole-Banner Details 

 

Various Approved Sites

 

·      Material – PVC 1-2mm thickness

·      Dimensions – 2040mm length x 900mm width

·      If a banner is less then 2020mm long when flat it will not fit so measurement must be accurate

·      Top and bottom of banner to be sleeved – 70mm

·      Brass eyelets to be placed in each corner and wind vents x 5 (V cuts)

·      Small point of V cut towards the bottom

·      All edges must be seamed

·      Design should be on both sides of banner

 

 

 


DEVELOPMENT AND COMMUNITY                                3.4.6

Community and Economic Development

 

TITLE:

COMMUNITY ENGAGEMENT

ADOPTED:

OMC 1 November 2012 – Pages 22 - 25

REVIEWED:

OMC 27 March 2014 – Pages 94 – 99

OMC 17 December 2015 – Pages 110 - 121

ASSOCIATED LEGISLATION:

 

ASSOCIATED DOCUMENTS:

Community Engagement Framework

REVIEW RESPONSIBILITY:

Manager Community and Economic Development

DELEGATION:

 

Previous Policy Number 5.1.10

 

Part A

 

Objective:

 

A community engagement policy seeks to build a two-way communication process between the Shire of Broome and the community.  It also ensures that effective public participation is offered to appropriate stakeholders on Shire of Broome projects and programs.  Community engagement will enable the Shire of Broome to establish a strong relationship with the community and obtain the best possible results for the Shire and the community.

 

Definitions:

 

Program                Long term initiative (across financial years) that includes several elements or localities and has broad aims and objectives.

 

Project                  One off initiative, having specific objectives and focusing on a single element or locality.

 

Initiative                 A new service, facility, process, policy, asset, or plan.

 

Stakeholders        Individuals or groups who are likely to be affected either physically or financially or with interest in, the project or program e.g. adjacent residents, ethnic groups, absent owners, community groups, sporting clubs.

 

Policy:

 

·    Engagement and participation shall be considered for all Shire of Broome projects, programs and initiatives. Community engagement shall be specifically planned within the development and implementation schedule of the given program, project or initiative.

·    Emphasis will be on ensuring the appropriate groups of stakeholders are engaged at the appropriate level so that Shire resources and service are in line with community needs, aspirations and strengths.

·    Officers will use the Community Engagement Matrix to decide when and at what level community engagement should occur, unless directed by Council.

·    A coordinated and consistent approach across the organisation will apply through the use of the engagement template/toolkit.

 

·    Councillors will be provided with standardised reports as attachments to agenda items of the Community Engagement Program associated with matter Council is considering.

 

 

 

Part B

 

Management Procedures

 

Key Principles of Engagement

 

·    All relevant stakeholders must be identified.

·    Non-resident landowners must be included.

·    Vulnerable groups must be considered and catered for (ie people with disability, non-English speaking people, disengaged young people).

·    Officers will use the Community Engagement Matrix to decide on the best level of engagement e.g. information, consultation, involve, collaborate.

·    Engagement processes will allow stakeholders adequate time to respond to issues.

·    Engagement should be established at the early stages of a project or initiative and before implementation.

·    Where a decision is made by Council that is contrary to formally and directly expressed views gained through the engagement, the minutes should reflect the reasons for the contradictory decision.

 

·    Engagement initiatives will be reviewed annually by Council at a Concept Forum.

 

Types of Engagement

 

There are five levels of engagement:

·    Inform

·    Consult

·    Involve

·    Collaborate

·    Empower (this can only be used where Council has established a Committee of Council with delegated decision making power.)

 

Inform:

To provide the public with balanced and objective information to assist them in understanding the problems, alternatives and/or solutions. The promise to the public is: ‘We will keep you informed.’

 

Informing can take the form of:

·    Fact Sheets

·    Web sites

·    Open houses

·    Media releases

·    Project Bulletins

 

Consult:

To obtain public feedback on analysis, alternatives and/or decisions. The promise to the public is: ‘We will keep you informed, listen to and acknowledge concerns and provide feedback on how public input influenced the decision.’

 

Consulting can take the form of:

·    Public comment

·    Focus groups

·    Surveys

·    Public meetings

·    Targeted feedback eg. specific stakeholders

 

Involve:

To work directly with the public throughout the process to ensure that public concerns and aspirations are consistently understood and considered. The promise to the public is: ‘We will work with you to ensure that your concerns and aspirations are directly reflected in the alternatives developed and provide feedback on how public input influenced the decision.

 

Involving can take the form of:

·    Workshops

·    Project/Strategy planning

·    Steering Committees

 

Collaborate:

To partner with the public in each aspect of the decision including the development of alternatives and the identification of the preferred solution. The promise to the public is: ‘We will look to you for direct advice and innovation in formulating solutions and incorporate your advice and recommendations into the decisions to the maximum extent possible.’

 

Collaborating can take the form of:

·    Advisory committees

·    Consensus Building

·    Participatory decision-making

 

Guidelines and steps on how to develop an engagement plan are included in the Shire’s Community Engagement Framework (attached.)

 

DECISION MAKING AND REPORTING REQUIREMENTS:

 

Based on the determined level of Engagement the decision making requirements are:

 

Inform:       Manager and Director approve the Engagement Plan; details of plan                   to be incorporated into the Council Agenda Report

 

Consult:    Manager and Director approve the Engagement Plan; details of plan                   to be incorporated into the Council Agenda Report  

 

Involve:          The Executive Management Group (EMG) approves the Engagement Plan; the Plan should be included as an attachment with the Officer’s report to Council.

 

Collaborate:      Council needs to approve the plan; the Plan must be included as an           attachment with the Officer’s report to Council.


Community Engagement FrameworkCovers - Front & Back

Table of Contents

Introduction.. 3

What is Community Engagement?. 3

Why is Community Engagement Important?. 3

Levels of Engagement 4

Purpose and Objectives of the Community Engagement Framework. 5

Relationships with the Community Engagement Framework. 5

The Community Engagement Process. 7

Step 1:      Determine if you need to undertake Community Engagement 8

Step 2:      Gather Background Information.. 9

Step 3:      Establish Engagement Parameters. 9

Step 4:      Clarify the Engagement Purpose and Objectives. 10

Step 5:      Identify the Stakeholders. 10

Step 6:      Determine Level of Engagement (matrix and matrix scoresheet) 11

Step 7:      Select Tools/Activities. 13

Step 8:      Develop Action Plan.. 14

Step 9:      Establish Evaluation Methods. 14

Step 10:   Reporting/ Feedback of Results. 15

 


 

Introduction

In July 2012 the Shire of Broome Council resolved to establish a working group to develop a Community Engagement Framework for the Shire of Broome as well as the process for its implementation and intended outcomes.

It is recognised that while the Shire of Broome currently undertakes a wide range of community engagement activities and there is expertise and experience within the organisation, it is considered that the development of a Community Engagement Framework will affirm the Shire’s commitment to the principals of community engagement and consolidate and enhance its practice.

The Shire’s Community Engagement Framework consists of three parts:

·    The Policy, which underpins the Framework and provides a clear policy statement.

·    The 10 Step Guide, which helps ensure that the community is aware and empowered to participate in civic life and provides transparent and accountable procedures for how the Shire of Broome will engage with the community.

·    The Toolkit/template, which helps Shire officers develop engagement plans that are appropriate, relevant and consistent across the organisation.

What is Community Engagement?

Engagement involves a range of activities that allow community members to be informed of, involved in, and provide input into, Council activities and local issues.

These activities range from everyday informal discussions, contact with stakeholders during service delivery, group discussions or meetings and formal consultation processes through to Council supporting community members to take action on issues themselves.

Communities are complex and many issues involve a wide range of stakeholders often with different views and areas of interest.  Engagement activities need to incorporate the diversity and dynamics of the community, help different groups consider issues constructively and manage potentially conflicting interests. While engagement requires skills, resources and time, if it is planned and conducted well, it can be done efficiently and relatively easily.

Why is Community Engagement Important?

Traditionally, local government has relied on the community representation of elected Councillors to ensure that community issues and priorities are reflected in Council activities.  This is still crucial but increasingly community members have an expectation of more direct involvement in providing input to Council priorities.

Not only is greater transparency and engagement with community expected, but it is also good business practice for Council. Successful engagement can improve strategic planning and service delivery, ensure that Council is addressing the priorities of the community and increase community support and collaboration.

Engagement does not mean that every detail of Council operation is open to community comment or control. Nor does it mean that staff will be distracted from their delivery of services.  There are many situations where engagement is not necessary or possible and the Community Engagement Framework is intended to clearly identify these situations.  

Levels of Engagement

Council and community stakeholders engage each other at different levels along a spectrum of increasing engagement.

The International Association for Public Participation (IAP2) has developed the Public Participation Spectrum to demonstrate the possible types of engagement with stakeholders and communities. The spectrum below has been amended from IAP2, and shows the increasing level of public impact as you progress from ‘inform’ through to ‘empower’.

INFORM

CONSULT

INVOLVE

COLLABORATE

EMPOWER

Public Participation Goal:

To provide the public with balanced and objective information to assist them in understanding the problems, alternatives and/or solutions.

To obtain public feedback on analysis, alternatives and/or decisions.

To work directly with the public throughout the process to ensure that public concerns and aspirations are consistently understood and considered.

To partner with the public in each aspect of the decision including the development of alternatives and the identification of the preferred solution.

Public make recommendations to Council

Promise to the Public:

We will keep you informed.

We will keep you informed, listen to and acknowledge concerns and provide feedback on how public input influenced the decision.

We will work with you to ensure that your concerns and aspirations are directly reflected in the alternatives developed and provide feedback on how public input influenced the decision.

We will look to you for direct advice and innovation in formulating solutions and incorporate your advice and recommendations into the decisions to the maximum extent possible.

Council will consider the recommendations.

Example Tools:

Fact Sheets

Web sites

Open houses Media releases Project Bulletins

Public comment

Focus groups

Surveys

Public meetings

Targeted feedback eg. specific stakeholders

Workshops

Project/Strategy planning

Steering Committees

Advisory committees

Consensus Building

Participatory decision-making

Council committees with delegated decision-making authority

The IAP2 Spectrum includes ‘empower’ as level of community engagement, where the final decision making power in the hands of the public. Under the Local Government Act 1995, the only way community members can make decisions on behalf of Council would be if Council delegated decision-making authority to a committee in accordance with the Act. This, although possible, only occurs in a very limited number of occasions and specific situations (ie management of a facility.) Therefore the Shire will not use the Empower category in its Community Engagement Matrix, and where Council deems this level to be required, it will resolve to establish such a Committee.

Purpose and Objectives of the Community Engagement Framework

The purpose of the Community Engagement Framework is to establish a clear set of guidelines that informs the way the Shire of Broome engages with the community.

The objectives of the Community Engagement Framework are to establish consistent and strategically targeted processes for community engagement and ensure those processes are implemented by Shire of Broome officers and external consultants. The Framework will also take into account the legislative requirements for consultation such as notices of application for a planning permit.

Using the Framework will facilitate improved decision making based on increased knowledge of community needs, aspirations and strengths. This will also help in targeting Shire of Broome resource and service priorities. Following the 10 Step Guide will ensure that the community is kept updated about decisions that are informed by the community engagement process.

The Framework will be relevant to many activities undertaken by the Shire. It will provide the community with a clear statement and guidelines for how the Shire will engage with it. It will also enable Council to implement one of the identified values in its Strategic Plan to 'actively consult, engage and communicate with, and on behalf of the community.’

Relationships with the Community Engagement Framework

Community Engagement FrameworkInteraction with our community is happening daily and in various ways and means. This Framework has been developed to identify the extent and context in which the Shire of Broome interacts with its community.

Deliberate consultation activities (for strategies, projects and issues.),Communications and Media (for strategies, projects and issues.),Customer Services,Individual Contacts- Staff/Councillors 

 

 

 

 

 

 

 


 


The Community Engagement Process

Step 1:Determine if you need to undertake Community Engagement

The first step is to determine if Community Engagement is necessary for your project or issue. One way to do this is to consider the following:

 

“Will there be a CHANGE in the level of existing environment, space, accessibility, convenience, or provision of a service to the community?”

and

“Is there opportunity for stakeholders to influence your project or its outcome? (ie the project or its outcome is not fixed or already determined)”

 

NO - There may be no need to develop and implement a Community Engagement Plan. It may still be necessary to ‘inform’ relevant community members or groups, as appropriate, particularly if there is a perceived level of change from a community perspective. For example: an annual fee increase, changes to rubbish collection.

 

YES - The 10 Step Guide is for you! The steps that follow will help you to:

·     clarify the decision that needs to be made

·     determine the type of community engagement that will be appropriate

·     design and implement a Community Engagement Plan

·     undertake evaluation and 

·     clearly communicate the ‘next steps’ (feedback).

 

Other considerations in making the decision to undertake Community Engagement

What is the broader context of the project or issue at hand? When determining whether or not community engagement is necessary, also consider the following:

·     Is there a history associated with the project or issue that may impact on the current situation?

·     Does the project or issue have the potential to become highly politicised?

·     Is there an opportunity to build or maintain a positive relationship through engaging proactively and openly with a section of the community?

·     Is there a chance that there will be considerable public outrage if the community is displeased with, or feels no ownership over, the outcome?

Where to start…

The next steps and Engagement Toolkit/template have been developed to assist you with your project’s community engagement.

Step 2:Gather Background Information

 

It is useful to provide background information which describes the key events and provides a clear outline as to the reason for community engagement. The information does not need to be extensive and it does not replace your Project’s existing documentation, i.e. project brief etc.

Brief information to include may be the history, current status and information on what needs to happen to address the decision to be made.

 Sources of background information may include the following:

§ Council reports

§ Briefing papers

§ Shire records

§ Community petitions

§ Media clippings

§ Internal and external reviews

§ Shire staff with some involvement in the project

§ Community groups and individuals

§ Stakeholders

Please use the attached toolkit/template for your project

 

Step 3:Establish Engagement Parameters

Parameters provide a clear description of the limitations, the negotiables and non-negotiables involved in a project. Setting parameters is necessary to provide Council with a starting point or baseline that allows for realistic expectations. All resources have limitations and therefore effective allocation is dependent upon the technical, budgetary and human resources available, and/or legislative requirements. The key parameters to consider are:

 

 Legislative – is there any legislation that determines what consultation needs to occur?

 

Geographic boundaries - the areas selected to include in the community engagement.

Budget – Funds available for a project will drive what can be expected and provided. It is           unfair and unwise to raise the expectations of stakeholders by asking them what     they want and then telling them they cannot have it because of a shortage of funds. The cost of community engagement increases as the method of community engagement becomes more complex. It is important to know what funds are available for community engagement to avoid having to withdraw from a process due to lack of funds.

             

By using the 10 Steps you can work out the cost of community engagement and include it in your project proposal so that the total budget can be considered upfront, and not as an after-thought.

 

Timelines - Communities need enough time to participate in a community engagement                      process. Are there legislative requirements for the time of consultation or the schedule of Council meetings to consider?

Please use the attached toolkit/template for your project.

 

Step 4:Clarify the Engagement Purpose and Objectives

Ask yourself what the outcome is that you seek from your engagement, as well as the experience you are trying to create for participants.

It is important to be clear about what the intended outcome or purpose is. Being unclear is a common reason for tension between Councils and communities and why some issues seem to remain unresolved over a long period of time. Try to speak to a number of different people about what they see as the purpose of engagement for your project. There are often varying views, so the more consensus gained, the more chance you have of people agreeing with it.

 An example of an engagement purpose objective is:

To ensure there are equitable opportunities for all staff to influence how the Shire’s Social Club will be managed by the Shire.

Please use the attached toolkit/template for your project.

 

Step 5:Identify the Stakeholders

A stakeholder is defined as someone who may be affected by or have a specific interest in the decision or issue under consideration.

There are various ways to categorise stakeholders. However it is important to have a consistent approach to ensure equitable inclusion of all potential stakeholders who reflect the demographics of the community. Not only will this ensure a credible process and equitable representation, but the approach will help to develop community trust in the process.

The Shire has chosen to sort stakeholders into primary, secondary and tertiary groups (a method used in project management.)

Primary stakeholders are those who have a direct interest in an outcome such as: Councillors, key community members, groups and businesses who live/operate in or near the location of a project or who will be directly affected by a project or decision (this may include “absent owners” of leased/rented business or residential properties). The direct interest could be proximity or economic.

Secondary stakeholders are those who have a general interest in a project or issue such as Council staff working on a project, people who live and work in the broader Council area, business owners, community groups in the Council area and consultants involved in a project.

Tertiary stakeholders are those that do not always fit neatly into the primary or secondary stakeholder category depending on the nature of the community engagement, such as: State and Federal Government authorities/agencies, non-government agencies and organisations and the media.

Please use the Toolkit/template for your project.

 

Step 6:Determine Level of Engagement (matrix and matrix scoresheet)

Council and community stakeholders engage each other at different levels on a spectrum of increasing engagement.

The International Association for Public Participation (IAP2) has developed the Public Participation Spectrum to demonstrate the possible types of engagement with stakeholders and communities. The spectrum also shows the increasing level of public impact as you progress from ‘inform’ through to ‘empower’. The Shire has adapted this as follows:

INFORM

CONSULT

INVOLVE

COLLABORATE

EMPOWER

Public Participation Goal:

 

To provide the public with balanced and objective information to assist them in understanding the problems, alternatives solutions

 

To obtain public feedback on analysis, alternatives and/or decisions.

To work directly with the public throughout the process to ensure that public concerns and aspirations are consistently understood and considered.

To partner with the public in each aspect of the decision including the development of alternatives and the identification of the preferred solution.

Public make recommendations to Council.

Promise to the Public:

 

We will keep you informed.

We will keep you informed, listen to and acknowledge concerns and provide feedback on how public input influenced the decision.

We will work with you to ensure that your concerns and aspirations are directly reflected in the alternatives developed and provide feedback on how public input influenced the decision.

 

We will look to you for direct advice and innovation in formulating solutions and incorporate your advice and recommendations into the decisions to the maximum extent possible.

Council will consider the recommendations

The selection of a level or levels of community engagement will be driven by the expectations of internal and external stakeholders. It is important to be aware of and understand the source and nature of these expectations.

Consideration will need to be given to the following:

-    Background information: Council Reports, Briefing Papers, Project Scopes and Reviews.

-    Level of interest from community as perceived by staff and Council.

-    Level of interest being shown by the community.

-    Underlying values and views of internal and external stakeholders.

-    Degree of complexity – is there a single issue or multiple issues?

-    Degree of potential community impact and/or outrage – what is the general community perception of the issue/s?

-    Media interest.

-    Level of resources available – time, budget, human.

Community Engagement Matrix:

 

The Community Engagement Matrix below is a tool designed to assist with the selection of a level of engagement. The axes on the Matrix relate to “degree of complexity, and potential community impact /political sensitivity”.  Measures on a scale of 1 - 6 are set out to provide further definition.

 

 

The table below will help you determine the level of engagement for your project. Consider your project and the statements below and place your response in the right hand column:

 

 

SCORE

1 - 2

SCORE

3 - 4

SCORE

5 - 6

Your Project

Degree of complexity

There is one clear issue and or problem that needs to be addressed.

 

There are more than one or two issues/problems that can be resolved.

 

There are multiple issues/problems and it is unclear how to resolve them.

 

 

 

SCORE

1 - 2

SCORE

3 - 4

SCORE

5 - 6

Your Project

Degree of potential community impact  and political sensitivity

The project will have little effect on communities and they will hardly notice any changes.

 

The project has acceptance throughout the community.

 

 

The project will fix a problem that will benefit communities and the change will cause minor inconvenience.

 

 

There are groups in communities who may see potential in raising the profile of a project to gain attention for their cause.

The project will create a change that will have an impact on communities and the living environment and the degree of impact/outrage and acceptance will vary.

 

Community expectations about the project are different to those of the decision makers and there is high potential for individuals and groups to use the uncertainty to gain attention.

 

 

Your project score for Degree of Complexity: _________

Your project score for Degree of Community Impact/Political Sensitivity: __________

Using these scores on the graph above will indicate your project’s engagement level.

Please use the attached Toolkit/template for your project.

Decision requirements for your project based on selected level of engagement:

Inform – Manager and Director need to approve the Engagement Plan (Media and Promotions Officer needs to be involved to help develop printed materials and media items).

Consult and Involve – As above and Community Development needs to be involved in helping to develop your plan. The Executive Management Group (EMG) needs to approve the plan.

Collaborate  – As above and Council needs to approve the plan.

Step 7:Select Tools/Activities

Selecting the right engagement tool or activity is an essential step for a successful decision making outcome.  The below table is an amended extract from the IAP2 Spectrum which indicates examples of techniques suited to each level of community engagement.

INFORM

CONSULT

INVOLVE

COLLABORATE

EMPOWER

Example Tools:

Fact Sheets

Web sites

Open houses Media releases Project Bulletins

Public comment

Focus groups

Surveys

Public meetings

Targeted feedback eg. specific stakeholders

Workshops

Project/Strategy planning

Steering Committees

Field Trips

Deliberate polling

 

Citizen Advisory Committees

Consensus Building

Participatory decision-making

Committees of Council (with delegated authority)

 

More examples of tools/activities are set out in the Toolkit/Template, to show what techniques work most effectively with the levels of inform, consult, involve, collaborate on the spectrum.

 

Step 8:Develop Action Plan

The Community Engagement Action Plan puts all the pieces of the plan together and presents a snapshot of the tasks required and the operational decisions to be made. Below is an example of what one looks like:

Date

Tool/Activity

Stakeholders involved

Person Responsible

Budget

Status

Communication /message

8 July

Focus group

Staff

Bridget

Nil

0%

Start after xxx

Please use the attached Toolkit/template for your project

Step 9:Establish Evaluation Methods

In Step Two you outlined what the intended outcome of your engagement was  – i.e. the purpose of the Community Engagement.  Now you need to identify ‘how will you know you have gotten there?’ What are the evaluation measures you will take once the Community Engagement has occurred?

It is important to establish these before the Community Engagement is actually undertaken.

Ask yourself the following questions:

1. What needs to happen for this process to be a ‘success’? (consider the perspectives of both Council and community/stakeholders)

 

2. How will we know if this has been achieved? (i.e. visible sign of success)

3. What data will you need to indicate this? (what will you need to demonstrate the results)

4. How will you collect this data? (participant feedback, surveys, informal discussions etc):

5. How will you document the learning’s (both positive and negative) from this process, for future learning for yourself and other in the Shire of Broome?

Please use the attached Toolkit/template for your project.

Step 10:Reporting/ Feedback of Results

Following the Community Engagement process, you will need to collate the data you have obtained, as per your evaluation questions (previous step), analyse it and write a report or summary to the decision makers (often Council).

Use your evaluative data to compile a report that reflects on the process as well as the outcome.

It is important for participants to know before the process commences how their input/feedback will be used.  Equally important is informing participants about how they themselves will receive feedback about their involvement in the process, and the resulting outcome or decision. 

If the project is a longer-term, or on-going one, it is important to keep participants updated on its progress.

Please use the attached Toolkit/template for your project.

 

 

 

 


DEVELOPMENT AND COMMUNITY                                 3.4.8

Community and Economic Development

 

TITLE:

BROOME CIVIC CENTRE PROGRAMMING

ADOPTED:

OMC 28 August 2014 – Pages 120 – 128

REVIEWED:

OMC 17 December 2015 – Pages 110 – 121

OMC

ASSOCIATED LEGISLATION:

Local Government Act 1995 (Section 5.42)

ASSOCIATED DOCUMENTS:

Broome Civic Centre Management Plan

Policy 2.1.2 - Purchasing Policy

DELEGATION:

I

Previous Policy Number 5.1.12

PART A

Objective:

 

1.    To facilitate the development and implementation of a diverse annual program of live performances and/or events at the Broome Civic Centre.

 

2.    To enable the Shire to enter into contracts for the provision of live performances and other events at the Broome Civic Centre to meet commitment deadlines.

 

Policy Statement

 

The Shire of Broome is committed to ensuring that the Broome Civic Centre is the premier venue for live performances and other events, whether directly organised by the Shire or other community organisations, that will enhance entertainment, art and culture opportunities for community.

 

It will achieve this through the following: objectives and strategies:-

 

 Venue Aims:

 

•    A versatile venue that is suitable for professional and community performing and visual arts as well as community events, celebrations and conferences

•    An accessible and affordable venue for the local Broome and Kimberley community

•    Aim to ensure a range of arts, social and cultural activities to reach a diverse audience and customer base

•    Recognition as a national and state-wide performance touring destination

•    To decrease the financial burden to the Shire of Broome

 

Program Rationale:

 

In order to develop audiences for particular types of programming, it’s necessary to program consistently over at least 3-5 years, to build awareness, familiarity and trust.

 

These consistent streams of programming, and their target audiences are described below.

 

Note the ability to program within these streams is sometimes out of the Shire’sour control due to remote location, availability and budget constraints.

 

Program Streams

Target Audience

Children and Family

Children 0-5

Children 6-10

Children 11-14

Parents and grandparents

Youth and young adults

Aged15-24

 

Seniors

60 plus

 

Local and traditional culture

People of diverse cultural background

Tourists

Locally produced/presented

 

Families, Young adults, adults, seniors, tourists

High profile performing arts events

Young Adults

Adults 25 – 59

Seniors 60+

Comedy

Adults 25 – 59

Males

 

Visual arts

Adults 25 – 59

Tourists
Seniors

 

Financial implications – that the annual program is developed within the Shire’s approved budgets for programming, staffing and marketing.

 

Grant Funding – The Shire will apply for funding where possible to ensure the number of shows actively programmed by the Shire per year is maximised to support audience development. 

PART B

Management Procedures (Business Operating Procedure)

Definitions:

 

Programming:

Facility Scheduling

 

There are many ways to develop programs to deliver a diverse range of entertainment, arts and culture events at the Broome Civic Centre:

 

A.  Risk can be shared, borne totally by the hirer or totally by the Shire of Broome.

 

B.   Commercial hire – A commercial hirer bears 100% of box office risk when presenting their show. Most of these are presented by a manager or producer specialising in national touring shows.

 

C.  Community hire - Arts and Culture events – A community hirer bears 100% of box office risk when presenting their show, but receive a discounted hire rate. (Refer to Fees and Charges Policy)

 

D.  Venue hire – Increasing utilisation of the venue and providing opportunity for community and others to be more familiar with the facility.

 

Partnerships:

 

A.  Where a commercial or community hirer agrees to share the box office risk and/or to assist with marketing and audience development. For example, Marrugeku, Barking Gecko Theatre Company and Theatre Kimberley

 

B.   Developing cooperative programming relationships with other venues in the North West (for example Port Hedland, Karratha and Carnarvon) to increase the diversity of touring shows, share travel and marketing costs and raises regional awareness.

 

Product purchasing – Shire of Broome bears 100% box office risk and pays the producer an agreed fee. For example, Country Arts WA – Shows on the Go Hatchiko

 

 Procedure:Annual programming

 

A.  Officers will develop an annual program of Shire presented performances and/or screenings in accordance with the policy.

 

B.   Officers will secure programming where opportunities are identified to ensure consistency three to five years in advance to be included in the annual budget for the relevant financial year.

 

C.  Officers will liaise with potential hirers to ensure utilisation is maximised

 

D.  The Chief Executive Officer (or his delegate) will approve the annual program and advanced bookings and enter into any required contractual arrangements in accordance with the Shire’s Purchasing Policy.

 

Financial implications

 

The annual program is developed within the Shire’s approved budgets for programming, staffing and marketing.

 

Grant funding

 

The Shire will apply for funding where possible to ensure the number of shows actively programmed by the Shire per year is maximised to support audience development. 

 


DEVELOPMENT AND COMMUNITY                              3.4.9

Community and Economic Development

 

TITLE:

TOURISM ADMINISTRATION

ADOPTED:

OMC 19 April 2012 – Pages 76 – 82

REVIEWED:

OMC 15 October 2015 – Pages 169 -173

OMC 17 December 2015 – Pages 110 - 121

ASSOCIATED LEGISLATION:

Local Government Act 1995 Section 6.33

ASSOCIATED DOCUMENTS:

Rating Policy 2.2.4

REVIEW RESPONSIBILITY:

Manager Community and Economic Development

DELEGATION:

 

Previous Policy Number 2.1.6

 

PART A

 

Objective:

To realise the benefits from tourism, promote coordination, infrastructure sharing opportunities and integration of tourism with other business sectors to optimise benefits and minimise any adverse impacts to the community and other industries.  Ensuring a sustainable tourism industry that has balance between environmental, cultural and heritage values, and community lifestyle.

 

Policy Statement:

 

The Shire of Broome is committed to ensuring Broome is a premier tourism location increasing economic outcomes and creating a sustainable tourism industry positioned for growth and development.

 

It will achieve this through clearly defining:

·    The process for administration, consultation and determining of high level priorities related to Council funding of tourism initiatives;

·    The scope of Council engagement in the development and marketing of the Shire as a visitor destination, both directly and in partnership with the community and other stakeholders to optimise collaboration, consultation and outcomes of Shire funded initiatives; and the extent of Council’s direct financial assistance to tourism initiatives.

·    High level tourism priorities for Broome Shire, determined through collaborative meetings and high-level priority setting workshops that will include Council and relevant committees plus applicable industry stakeholders in the second financial quarter of each year.

 

·    Key performance indicators against the high-level priorities as outlined in this policy, set in collaboration with each organisation awarded funding through this policy

 

Funding will focus on the following areas:

1.    Visitor Information Services

Council will work collaboratively with the Broome Visitors Centre for the provision of visitor servicing and determining of high level tourism priorities for the Shire of Broome.

2.    Destination Marketing

The Shire of Broome shall work collaboratively with Australia’s North West (ANW) for the promotion of the Broome shire as a visitor destination to external markets and determining of associated high-level tourism priorities for the Shire of Broome.

3.    Other Tourism Initiatives

The Shire of Broome shall work collaboratively with organisation for the promotion and development of the Broome shire as a visitor destination on initiative that meet the high-level tourism priorities for the Shire of Broome

 

 Collaboration

1.       Council will encourage liaison between all tourism related organisation and or groups to:

a.    Ensure the best outcomes for the Broome tourism industry

b.    Strengthen and enhance the Broome product

c.    Provide aligned messaging and advocacy

d.    Ensure the benefit for Shire funding is maximised

2.       Council will encourage business and community groups to actively collaborate by participating in relevant regional and sector specific organisations.

 

Tourism Industry Development

Council will lobby State and Federal Government departments to ensure the Shire of Broome is receiving its fair and appropriate allocation of available funds for industry development.

Council will ensure that other industries are not adversely affected by the tourism industry and encourage industries to work together and communicate opportunities for shared infrastructure or other avenues of cross industry benefit.

Council will encourage networking amongst the operators, Local Business Associations, Tourism Associations, and Tourism WA within the Shire as a means to expand product knowledge.

Council will encourage Local Business Associations and Tourism Associations to actively engage with Tourism WA and other industry stakeholders as a means of increasing the profile of the Shire of Broome as a tourism destination.

 

Planning

In the formulation of its planning policies and development frameworks, Council will be mindful of the effects on and needs of the tourism industry.

Council will, in reviewing its planning strategies and other forward planning documents, take into consideration policies on tourism and other leisure activities.

In the preparation of local laws, Council will have regard to their impact on tourism and the balanced development of the Shire.

When considering tourism developments, Council will consider the social, economic, cultural and environmental impact of the proposal within the Shire.

 

Infrastructure and amenities

In the development of its capital works program, Council will allocate appropriate budgets to facilities that will support and encourage visitors to appropriate areas within its boundaries, for example, toilet blocks, boat launching facilities, directional and interpretative signage, walkways etc.

Council will seek financial support from other agencies whenever possible for the provision of tourist facilities.

Council will, where possible, support the enhancement of specific natural features, conserve areas of outstanding beauty and recognise items of heritage and cultural significance.

 

Tourism Advisory or Working Groups and Chief Executive Officer Delegation

The Chief Executive Officer, may, at his/her discretion appoint an advisory or working group from the Broome Tourism Industry to advise him/her in relation to any matter pertaining to Broome tourism.  It is envisaged that the Chief Executive Officer would report to Council on issues pertaining to the tourism industry in Broome.

The Chief Executive Officer can be given delegated authority to amend allocations against proposed initiatives of organisations (provided it is within the overall allocation determined for each organisation and appropriate justification is received 4 weeks prior to the initiative).

 

PART B

 

Management Procedures

 

Funding of Tourism Initiatives

1.       The sum certain for Tourism Initiatives will be determined by Council as part of the budget process yearly inclusive of any initiatives the Shire may enact from this funding.

2.       The Shire will commit financial resources to the support the operations of the organisation involved in visitor information servicing, destination marketing and initiatives that demonstrate clearly defined tourism outcomes that are aligned to high-level tourism priorities.

3.       Tourism initiative applications for funding will be managed through the Events, Tourism and Economic development funding stream annual application process and need to meet the related guidelines.

 

4.       Subject to the application requirements being met, the Chief Executive Officer will refer applications for funding to the Economic Development Advisory Committee, a relevant reference or advisory group and/or Council workshop to provide recommendations and advice related to the request for financial support.

 

5.       Council shall give consideration to the request for funding and allocate financial resources as it considers appropriate. Subject to Council approval of the expenditure amount the organisation shall submit two invoices for payment in September and March of each financial year.

 

Application and Reporting

1.      An organisation applying funding through this policy will:

a.    Complete a formal request for funding in the Shire’s nominated format by the 31 March prior to the commencement of the funding period, to allow time for consideration.

b.    A preliminary report against KPI achievements set where funding has previously been allocated to applicant.

c.    Submit their strategic / business plan in its nominated format to allow Council consideration of the strategic direction of the organisation.

d.    Provide the Shire with a copy of the organisation’s year end audited financial statements for the preceding year and provide assurance that the organisation is viable; and

e.    Identify the activities/projects of expenditure proposed to be funded by the Shire including the proposed key performance indicators aligned to the high-level priorities set by the Shire for the funding period

 

2.      An organisation reporting on funding provided through this policy will provide the Shire with a report within 90 days of the end of the funding period that includes;

a.    A detailed overview to Council in relation to the expenditure of the awarded funds.

b.    Outcomes measured against the set key performance indications and the high-level priorities previously set for the funding period.

c.    Detail the acknowledgement that the Shire has received in relation to the financial assistance on any promotional materials, campaigns, social media, speaking engagements or other promotional avenues connected with the activities / projects and acknowledgment in the organisations annual report and relevant publications.

d.    Other information or data that was agreed to as part of the award of funding through this policy.

 

 

 


DEVELOPMENT AND COMMUNITY                          3.5.1

Sport and Recreation

TITLE:

BROOME RECREATION AND AQUATIC CENTRE RESERVE NON SPORTING SPECIAL EVENTS

ADOPTED:

OMC 15 June 2004, Pages 95 – 101

REVIEWED:

OMC 19 March 2009 – Pages 26 – 31

OMC 15 March 2012 – Pages 96 – 103

OMC 17 December 2015 – Pages 110 - 121

ASSOCIATED LEGISLATION:

Local Government Act 1995 - section 3.54  Reserves under control of a local government

ASSOCIATED DOCUMENTS:

3.4.2 - Community Sponsorship Program Policy

3.4.7 - Events Policy

REVIEW RESPONSIBILITY:

Manager Community DevelopmentSport and Recreation

DELEGATION:

Approval of Signage within Active Reserves

Previous Policy Number 5.2.1

 

PART A

 

Objective:

 

Council recognises the current lack of venues in Broome that are of the size of the facilities at the Broome Recreation and Aquatic Centre (BRAC) Reserve, including the indoor stadium and the Glenn and Pat Medlend Pavilion.  Council is also mindful of the potential impacts of non-sporting events at the BRAC Reserve.

 

Council is providing the community and staff with clear direction for handling requests for non-sporting special events to be held at the BRAC Reserve.

 

Policy:

 

.           The Shire of Broome will consider applications from non-profit community organisations and suitably experienced commercial organisations to conduct non-sporting special events within the facilities of the Broome Recreation and Aquatic Centre and also at the Glenn and Pat Medlend Pavilion.

 

2.         The existing fees, charges, deposits and bonds are not negotiable.

 

3.         The Shire of Broome will not enter into any profit sharing arrangements with any person/organisation utilising facilities at the BRAC Reserve.

 

PART B

 

Management Procedure

 

Definitions:

 

N/A

 

Detail

 

1.         All applications must be in writing for the use of either the facilities at BRAC or the Glenn and Pat Medlend for non-sporting special events.

 

2.         Applications can be considered from non-profit community organisations and suitably experienced commercial organisations that can clearly demonstrate the benefit of the event to the community and the local economy.

 

3.         Applications must be submitted a minimum of 60 days in advance for small events (category 1) and 120 days for larger events (category 2 – 5). 

 

4.         Where existing user groups/clubs are required to be displaced, the user groups/clubs will be consulted for their support or objections prior to approval being determined.

 

5.         To minimise disruptions and maintain the continuity of the activities of existing user groups/clubs, as a general rule, only one non-sporting special event per month will be approved.  It is recognised that at various times throughout the year, user groups/clubs may be in recess.  In such instances or where there is no conflict with other bookings, additional special events may be approved.

 

6.         In addition to the normal conditions of hire and due to the potential for damage to the specialist sports floor in the indoor stadium at BRAC, applicants will be required to hire the protective floor covering at a fee separate to venue hire fee and will also be required to layout and take up the floor covering at the direction of the BRAC Manager Sport and Recreation.

 

7.         The Bond for non-sporting special events to be held at the BRAC Reserve will be determined by the Manager Sport and Recreation Facilities Coordinator in consultation with Parks and Gardens officers but will generally not exceed $52,000 in accordance with the Shire’s adopted Fees and Charges and Events Policy 3.4.7.

 

.           Requests for fee reductions and waivers will be considered in line with the Shire’s Community Sponsorship Program Policy 3.4.2. Staff may advise applicants that written requests for sponsorship must be made to the CEO at least 30 days prior to the proposed event which will be considered in accordance with the Shire’s Events Policy 5.1.11.  Council will not consider any requests for further fee reductions.

DEVELOPMENT AND COMMUNITY                          3.5.2

Sport and Recreation

 

TITLE:

ADVERTISING/SPONSORS SIGNS WITHIN ACTIVE RESERVES

ADOPTED:

OMC 6 July 2006 – Page 32 - 34

REVIEWED:

OMC 19 March 2009 – Pages 26 – 31

OMC 15 March 2012 – Pages 96 - 103

OMC 17 December 2015 – Pages 110 - 121

ASSOCIATED LEGISLATION:

Local Government Act 1995

ASSOCIATED DOCUMENTS:

Local Planning Policy 5.10

REVIEW RESPONSIBILITY:

Manager Sport and RecreationCommunity Development

DELEGATION:

 Approval of Signage within Active Reserves

Previous Policy Number 5.2.2

 

PART A

 

Objective:

 

The objectives of the policy are to:

 

1.         Consider approval of advertising/sponsor signs at active reserves whilst ensuring that such signs do not have an unacceptable impact on the amenity of the locality;

2.         Manage the placement of suitable advertising/sponsor signs at active reserves;

3.         Provide a means to permit sporting clubs and associations to utilise active reserves for the promotion of the club/association and sponsors.

 

Policy:

 

1.         Not for profit community organisations that are long-term tenants or users of Council’s Tthe Shire’s active reserves may submit applications to the Shire seeking approval to erect advertising/sponsor signs at the facility.

2.         CouncilThe Shire will manage the erection of signage at its active reserves in accordance with the following guidelines;

 

PART B

 

MANAGEMENT PROCEDURES

 

Definitions:

 

For the purpose of the Policy and these Management Procedures:-

 

Active Reserve

refers to reserves and associated facilities utilised for regular scheduled sporting activities, competitions and/or training purposes or sporting events that require a booking of the reserve.  The active reserves referred; include the Peter Haynes Reserve and the BRAC Reserves.

Passive Reserves

refers to reserves utilised by casual users, such as local parks, or for the occasional community or minor event such as a fete

Permanent or long-term signage

refers to signs in position for more than six weeks up to the conclusion of the group or Club usage (or intended usage from season to season) of the reserve/facilities

Temporary signage

refers to signs in position on the day(s) of the event/activity or up to a minimum of six weeks to allow for pre-event advertising.  All temporary signs must be removed within 24 hours of the conclusion of the booking/event/activity

 

 

Guidelines

 

1.         All requests for advertising/sponsors signage within the Shire’s Council’s active reserves and facilities must be submitted in writing to the Shire of Broomewith approval only being given to signage which can be seen from within the reserve/sporting arena.  Consideration of any request will endeavour to avoid the impairment of the amenity of the reserve which may be caused where:

 

(i)         a sign is of such scale, prominence, obtrusiveness or character as to be incongruous with the surrounding reserve use;

(ii)        the sign adds to the danger of driver distraction;

(iii)       the sign adds to the visual clutter of the reserve;

(iv)       numerous other signs exist on the site;

(v)       the sign, when viewed from a position where the sign would be legible, would obscure existing signs, information, sight lines or would be obscured.

 

2.         Position and type of sign:

 

(i)         Signs and buildings (eg change rooms) – each request will be considered individually.  Consideration will be given to the appropriateness of materials, style, design and lettering of the sign and whether it is affixed in such a way that it having been affixed;

(ii)        Roof top signs – in general terms Council considers roof top signage to be inappropriate;

(iii)       Pylon signs – where more than one pylon (free standing) sign is proposed to be erected, Council shall require all pylon signs to be incorporated into the one sign.

(iv)       Movable signs – movable signs will not be allowed to be placed or to remain where, in the Council’s opinion, they would obstruct pedestrian or vehicle movements, or sightlines.

 

3.         All signs must be securely fixed to the satisfaction of the Shire of Broome. In some circumstances a Structural Engineer’s certification may be required.

 

4.         All signs must be made to a standard minimises potential risk of injury to the satisfaction of the Shire of Broome.

 

5.         Individual signs on wire mesh fencing around the sporting arenas (eg Football playing field, tennis/netball courts) are restricted to:

 

(i)         A maximum of 1.2m high by 2.4m wide from ground level’

(ii)        Only one sign to be affixed between individual fence poles;

(iii)       All signage at an individual site to be a standard size;

(iv)       All signage where the backs of the sign are visible to be a standard colour;

(v)       All signs are required to have rounded corners and to be mounted on a metal frame for affixing to minimise risk of injury.

 

6No permanent commercial advertising will be permitted on reserve perimeter fencing.

 

76.       Club identification signs on buildings, and/or the perimeter fencing entry points(s) may be permitted with the approval of the Shire of Broome.

 

7.         Each situation/location will be assessed in its own right and additional guidelines may be imposed accordingly.

 

98.       Advertising/Sponsor signs may be permitted on the face of scoreboards with the approval of the Shire of Broome.

 

19.       Installation and maintenance costs of the approved sign(s) shall be the responsibility of the respective sporting club/organisation.

 

10.       Notwithstanding the above, signs advertising tobacco or tobacco related products will not be permitted.

 

11.       Council may exercise its authority to the Shire may remove, or require the removal of signs which are in contravention of this policy or in any case where it is considered the Council considers that the display of such a sign is not appropriate.


INFRASTRUCTURE                                                4.1.7

Engineering

TITLE:

REGISTER OF PUBLIC ROADS

ADOPTED:

OMC 25 September 2008 – Pages 100 - 109

REVIEWED:

OMC 19 March 2009 – Pages 26 – 31

OMC 15 March 2012 – Pages 96 – 103

OMC 27 March 2014 – Pages 94 – 99

OMC 17 December 2015 – Pages 110 - 121

ASSOCIATED LEGISLATION: 

Local Government Act 1995

Land Administration Act 1997

Main Roads Act 1930

Public Works Act 1902

Local Government (Miscellaneous Provisions) Act 1960

Planning and Development Act 2005

ASSOCIATED DOCUMENTS:

Background Paper (attached)

REVIEW RESPONSIBILITY:

Director Infrastructure

DELEGATION:

 

Previous Policy Number 3.1.15

 

Objective:

 

1.         To provide a framework for making consistent, structured and justifiable decisions as to whether a road or area of land should be included on the Shire's Register of Public Roads.

 

2.         To clearly state for which public roads or ancillary areas, the Shire is the responsible road authority.

 

3.         To have a framework for making consistent, structured and justifiable decisions in regard to how the register is updated.

 

4.         To provide for policy defence in the case of litigation.

 

5.         Public Roads that are included on the Register will be inspected, maintained and repaired by the Shire in accordance with its Road Management Plan.

 

6.     To enable the Shire to demonstrate that due diligence has been carried out in regard to public risk, safety, health and the environment of the Shire.

 

Definitions:

 

Ancillary area - An ancillary area is an area of land owned or managed by Council that's use is ancillary to the use of an adjacent road. In most cases this will be car parks.

 

Dedication - The setting apart or registration of a portion of land for a public road. It has the effect of vesting freehold land in the State.

Highway - means a road declared by proclamation to be a highway for the purpose of the Main Roads Act 1930.

 

Main road - means a road declared by proclamation to be a Main Road for the purpose of the Main Roads Act 1930.

 

Due Diligence - Need for Council to show that all possible measures were taken to provide the community with assets free of hazards, as Council owes a duty of care to the public.

 

Public Road – Definitions:

 

•     Road – a route trafficable by motor vehicles; in law, the public right-of-way between boundaries of adjoining properties.

•     Road reserve – a legally described area within which facilities such as roads, footpaths and associated features may be constructed for public travel.

•     Public road – a public place provided for the use of the public for traffic movement, and which has been declared, or proclaimed, notified or dedicated.

 

(Refer Australian Standard 1348-2002 Road and Traffic Engineering – Glossary of Terms)

 

Negligence - means failure to exercise reasonable care.

 

Responsible Road Authority - Means the road authority which has operational functions and responsibilities.

 

Road Reserve - means all of the area of land between property boundaries on both sides of the road.

 

Service Roads - are subsidiary carriageways separated from the main carriageway for the primary purpose of providing public access to abutting properties.

 

State Land means and includes all land except land granted in fee simple, and includes all marine and other waters within the State, all islands and the sea-bed and subsoil, seaward to the statutory limit.

 

Unformed Roads or Pathways - A road or pathway which has no formed construction. Commonly these are tracks on an irregular alignment with no drainage.

 

Policy:

 

The Shire of Broome will meet its obligations to provide for a viable public road network and will maintain an accurate Register of Public Roads to provide the community with a clear understanding of the roads for which the Shire is the Responsible Road Authority.

 

Generally, for a road or ancillary area to be included on the Shire’s Register of Public Roads it has to:

 

•     Be on Shire owned or controlled land

•     Be constructed to an acceptable standard that is capable of being economically maintained

•     Provide unrestricted public access (no gates)

•     Be reasonably required for general public use; and

·      Service more than one property

 

The Shire will fully maintain and accept liability for roads which are on its Official Road Register (Roman2) in accordance with its Transport Asset Management Plan.

 

The Transport Asset Management Plan will set out the minimum Levels of Service applicable for each type of road.

 

Gates or Grids are only permitted to exist on these roads under license.

Procedure:

 

To achieve the consistency required when deciding on what roads or land areas should be added to the Register of Public Roads, a structured process needs to be followed. This policy and accompanying background paper sets out the issues that need to be considered when evaluating a road or land area.

 

In most cases this will be a straight forward process, for example where a new subdivision has been accepted by the Shire the roads will be added to the Register of Public Roads once accepted onto maintenance and therefore considered to be "reasonably required for general public use".

 

If Main Roads Western Australia determine that any road is to be Declared by Proclamation to be a Main Road, or to be “de-mained’, then it is added to or removed form the register as the case may be.

 

In some cases more investigation is required and in general, issues will fall into the following areas:

 

1.           Ancillary areas

2.           Right of ways and service roads

3.           Subdivisions

4.           Crown land or freehold title

5.           Body corporate driveways

6.           Pathways

7.           Demarcation

8.           Vehicle crossings

9.           Street/Road Group Committees

10.         Roads not on the Register of Public Roads

11.         Single property access

 

Some landholders are served by access roads which are not on Council’s Road Register and which the Shire does not maintain. These are private roads. Responsibility for maintenance or upgrading on these roads rests with the landholder. All public liability associated with these roads is the responsibility of the landholder. Gates or grids on these roads are not required to be licensed.

 

At times the Shire is provided with funds by Main Roads Western Australia (MRWA) to carry out works on some special access roads which serve evolving communities. In these cases MRWA has recognised that there is a public benefit to the roads and the Shire carries out the work as an “agent” of Main Roads.

 

The Shire accepts full liability for the standard of roads listed in the Road Register, regardless of whether that standard is lower than that required for acceptance of new roads onto the Register.

 

These issues are addressed further in the background report attached to this Policy. The Shire has provided a clear, consistent and structured approach to managing the Register of Public Roads.

 

Responsibility & Relationships

 

The Manager of Infrastructure Operations is responsible for ensuring the Register of Public Roads (Roman2) is kept up to date. They will rely upon the Works Section to work with them to identify new, renewed or upgraded roads that occur through new subdivisions or capital works. In these cases, the responsible officer is the Manager of Infrastructure Operations.

 

It also requires the Manager of Infrastructure Operations to work closely with the Works Section service provider and the community when issues arise regarding what roads or land areas should or should not be included on the Register of Public Roads. In these cases, the responsible officer is the Manager of Infrastructure Operations.

 

This policy is an ongoing requirement as the roads register (Roman2) will need to be continually updated.

 

Timeframes

 

This policy will be reviewed at least every two years starting in 2009, keeping it in line with the Transport Asset Management Plan reviews.

 

 


 

REGISTER OF PUBLIC ROADS POLICY

Background Paper

 

 

1.0        INTRODUCTION

 

The Register of Public Roads Policy has been developed to set out a framework for making consistent, structured and justifiable decisions as to whether a road or area of land is reasonably required for general public use and can be considered to be a “Public Road”. A road identified as a Public Road it will be included on the Shire Road Register.

 

The inclusion in the Register of a road is an acknowledgement by Council that it is the Responsible Road Authority in respect of that road or area of land, and therefore has the responsibility for its on-going inspection, maintenance, repair, risk and the associated public liability.

 

2.0        WHAT CONSTITUTES A “ROAD”?

 

Please refer to the attached extract from a published brochure entitled “Creation of a Road” from by State Land Services) for a comprehensive explanation of how a “road” is legally created.

 

3.0        REGISTER OF PUBLIC ROADS

 

The Shire of Broome’s Register of Public Roads is a register of all Public Roads, car parks and pathways for which the Shire is the Responsible Road Authority.

 

This Register was established and is maintained by the Shire.

 

The definition of a Shire Road includes any road which:

 

·      Is a thoroughfare referred to in Section 3.53 of the Local Government Act 1989, which indicates a local government is responsible for controlling and managing every otherwise unvested facility within its district;

·      Is not a declared State Highway, Main Road or Secondary Road, under the Main Roads Act 1930;

·      Is on land reserved under the Land Administration Act 1997 and  is vested in or placed under the control and management of a local government,

 

The Register requires regular updating to accommodate development and is queried from time to time as to whether a road is on it or not.

 

If a road is on the register then this means that Council has a responsibility to inspect, repair and maintain that public road in accordance with service levels set out in the Transport Asset Management Plan.

 

The level of maintenance is dependent on the classification of the road in the road Hierarchy, the standard to which the road has been constructed and the level of risk.

 

Levels of service are to be prescribed in the Shire’s Transport Asset.

 

·      Roads fully constructed to an acceptable and maintainable standard.   Eg Sealed road pavement with kerb & channel and may include drainage. – High level of maintenance.

·      Roads partially constructed to an acceptable and maintainable standard.   Eg Gravel road. – Moderate level of maintenance

·      Roads not constructed to an acceptable and maintainable standard Eg Vehicle track. – Limited (low) level of maintenance

 

Inclusion of a road in the Register does not preclude funding being sought from Property owners or Developers when an upgrade is required, in the form of special contribution schemes.

 

If Council decides that an area of land is not a Public Road then Council does not have any statutory or common law duty to inspect, repair or maintain the area of land. This means that Council has the discretion, not duty, to inspect, maintain and repair areas of land not on the Register.

 

4.0        “REASONABLY REQUIRED FOR GENERAL PUBLIC USE”

 

When deciding on which roads should be included or not included on the Register the very broad test of: is it “reasonably required for general public use?” needs to be refined into more specific criteria. These criteria will provide a fair, consistent and justifiable process for Shire staff when deciding on which areas need to be added to the Register.

 

The first question that should be asked when deciding on whether a road or ancillary area should be in the register is: Does the Shire own or control the land? This is not always an easy question to answer especially in the case of car parks where research may be required to determine ownership. In some cases the Shire may not own a property but through agreements may be in control of the property. The level of control the Shire has is subject to what agreements are in place, such as agreements with Developers (Planning & Development Act 2005), licences and leases.

 

Any road or land area that is under question will be investigated and assessed using this policy as a guide and the Chief Executive Officer will make the final judgement based all the information before him.

 

Once ownership or control is established, it is the Shire policy that the following criteria be considered when deciding whether a Road is “reasonably required for general public use”:

 

·      Has it been formed or constructed for use by the general public?

·      If unformed and would be added to the register if formed or constructed, are the adjoining land owners prepared to pay for an upgrade to a standard that can be maintained?

·      Does it serve a defined purpose or function for the general public?

·      Is there evidence that it is currently being used by the general public?

·      Is there unrestricted public access?

·      What are the consequences if public access was removed?

·      Can the needs for public use of this land be readily accommodated with Alternatives?

·      Should it be recommended for discontinuance?

·      Any other relevant matter brought to Council’s attention?

 

For the majority of Roads it is a straight forward decision to include them

on the Register, as seen above and in the definitions.

 

For the small minority that are not straight forward some clarification is required and is documented here as a Shire of Broome Policy.

 

5.0        SPECIFIC ISSUES THAT NEED TO BE ADDRESSED

 

5.1  Specific issues include:

 

·      Ancillary areas

·      Right of ways (Laneways) and service roads

·      Subdivisions

·      Crown land or freehold title

·      Body corporate driveways

·      Pathways

·      Demarcation

·      Driveways (Vehicle crossings)

·      Roads not on the register

 

Each issue will now be explained in detail and an assessment form will follow that will be used when deciding what roads or land areas shall be added to the Register.

 

5.2   Ancillary area required for public use:

 

An ancillary area is an area of land owned or managed by Council that’s use is ancillary to the use of an adjacent road. In most cases this will be car parks, but can include areas such as scenic lookouts or rest stops. The following criteria are to be considered in determining whether an area of land can be considered an ancillary area:

 

·      It is under the Shire’s ownership or management

·      Is it constructed or formed to a maintainable level

·      It is required by the Shire or the public for general use

·      No person is exercising any rights of private ownership over the land

·      A relevant Minister has given the Shire, as the Responsible Road Authority, written consent; and

·      Any other relevant matter brought to Council’s attention

 

5.3   Right of ways and service roads;

 

Roadways constructed or formed that are required for use by the general public will generally be considered to be a Public Road and therefore be included in the Register. An appropriate maintenance and inspection regime will be applied to the area of land that reflects the expected frequency of use by the public, construction standards and the associated risk.

 

The Shire does not have a duty to upgrade a road or to maintain a road to a higher standard than the standard to which the road is constructed.

 

Therefore some roads in the Register will be noted as having “Limited Maintenance Responsibility”. This means maintenance required will be determined based on what is reasonable for a road under certain restrictive conditions.

 

There are two specific cases that need clarification:

 

i.     Rear access to commercial or industrial properties will be included on the Register when at a maintainable level.

ii.    Defined Fire tracks will be maintained to a serviceable level.

 

Rights of owners and occupiers of adjoining land are:

 

i.     An owner or occupier of any land which adjoins a road is entitled as of right to access the road from that land.

ii.    Rights of access conferred by this section or at common law are subject to any restrictions, limitations or conditions which may be specified by or under any Act or law.

 

5.4  Subdivisions;

 

When a new subdivision, which includes subdivisional roads, is released to the public for the sale of lots within the subdivision that does not mean that the Shire accepts that the subdivisional roads have been constructed to the Shire standard. The Shire’s policy is not to adopt a new subdivisional road as a public road unless all standards and condition as per DA requirements have been complied with. The road is taken over by the Shire following a satisfactory inspection at the time of Practical Completion. At this time the Shire will take over routine maintenance but the developer is responsible for fixing defects for a period of time and this is called the defects liability period.

 

5.5  Management of Crown Land or Freehold Title;

 

The Shire has the care and maintenance for roads, pathways and car parks that are located on freehold title or Crown land. That is, Crown land where the Shire has been declared the responsible authority such as Road Reserves or other Reserves. These can include access tracks in reserves that are formed and provide access to car parks and shared footways that may have been constructed by the Shire and therefore require consideration for inclusion in the Register.

 

It is considered that roads, car parks, pathways or access tracks located on Crown land or separate freehold title, will be included in the Register where:

 

·        Council accepts it is a common law public highway;

·        It is constructed or formed to an acceptable standard and

·        It is reasonably required for general public use.

 

5.6   Private Streets and Body Corporate Driveways;

 

Historically, Broome has had streets developed internally within developments which have remained as private Streets. Gus Winckel Drive and Jules St are both Private Streets.

 

It is possible for developments to have in their plan of subdivision named the common property as a private street and installed street name blades. 

 

Legally the common property in such developments is the property of the body corporate, which is made up of the owners of the lots within the development. Functionally, such common property is used as a driveway. Therefore, body corporate common property is privately owned land that does not form part of the municipal road network and is the responsibility of the body corporate to maintain.

 

It is the Shire policy that such driveways not be registered as Public Roads.

 

For the sake of clarity the Shire maintains a separate list of body corporate driveways that either appear to be part of the road network or have been named as private streets on the plan of subdivision, but are not Public Roads.

 

For those private roads that have road name signs they will be progressively updated to include under the name “Private Road”.

 

5.7   Pathways;

 

To be included on the register of public roads, a pathway must meet the following

criteria:

 

·      Be on a public highway or on property owned / managed by the Shire

·      Have been constructed or formed to provide a defined pathway to an acceptable level.

 

For a new subdivision they are required to be constructed to Council’s design and construction parameters and have been accepted by Council at time of practical completion.

 

5.8   Demarcation;

 

Other road authorities, for example Main Roads Western Australia (MRWA), Department of Transport (DoT), Department of Parks & Wildlife (DPaW) and Department of Aboriginal Affairs (DAA) have a responsibility to maintain roads and pathways on land under their control and to have their own asset database registers and management plans.

 

Under the Main Roads Act 1930, MRWA is the Co-ordinating Road Authority for Declared Main Roads and Highways and DPaW the Co-ordinating Road Authority for roads in State Forrests.

 

The Shire may be made responsible for some road sides, car parks, pathways, service roads, road furniture and footbridge structures on State Roads or Crown land on the basis of Codes of Practice, or specific agreements.

 

Generally for other authorities except for MRWA, the Shire responsibility for a road or pathway will end at the property boundary unless other written and signed agreements have been made.

 

6.0        ROADWORKS CARRIED OUT ON ROAD RESERVE WITHOUT COUNCIL APPROVAL.

 

The Shire does not condone or accept any responsibility for any work carried out on a road reserve without its written permission. The road will not be maintained or improved in any manner by the Shire as a result of such works and the Shire may direct staff to remove unauthorized gates or obstructions or block the road if a safety risk to the public has been identified.

 

7.0        APPROVED ROADWORKS

 

The Shire approves and budgets for new, renewal and upgrading Capital roadworks each year. The Shire may allow works to be carried out on the Shire Roads by others under contract provided the work is included in the Shire approved Budget, funding is available and the Shire Purchasing Policy is adhered to.

 

The contractor must be fully insured for public liability and workers compensation, equipment and operators licensed, accredited and machinery in safe operating condition; all processes undertaken in accordance with legal requirements, a Job Risk Assessment and Safety Plan completed, works are performed in accordance with the Shire instructions and the funding is authorised by the Shire.

 

Any request to the Shire for funding assistance to private contractors for new road construction or upgrading work on Council Roads is to be funded from the Capital Works Program (Roadworks) and the above pre-requisites on contractors applies.

 

Any request to the Shire for funding assistance to private contractors for routine maintenance work, would normally be handled by the Shire but if due to opportunity or distance constraints, a local contractor is engaged then the work may be funded from the Road Maintenance budget.

 

8.0        DRIVEWAYS (VEHICLE CROSSINGS)

 

A Vehicle Crossing is the portion of a property’s driveway located between the

road carriageway and the property boundary.

 

They are private entrances, and are the responsibility of property owners for construction and maintenance relating to the property being served. The Shire assumes no direct responsibility for these private vehicle crossings, but does require property owners to maintain these vehicle crossings in a low risk condition. The Shire may provide a reactive maintenance service with full costs charged to the responsible property owner for each request.

This does not, however, prevent the Shire from imposing conditions on the construction of the driveway.

 

9.0        LANDHOLDER MAINTENANCE ON ROADS 

 

A landholder may carry out Maintenance on a Council road under certain conditions and with written approval of the Shire. There is no authority to:

 

·      Alter road width,

·      Alter road alignment,

·      Alter the surface treatment,

·      Add or alter any structures on road reserve, or

·      Add or alter any traffic management devices.

 

The Shire is the Road Authority for all roads on the road register. This responsibility cannot be undertaken by non-approved and unsupervised contractors. The Road Authority is responsible for determining all intervention levels, response times, and inspection frequencies. 

 

Landholders may be engaged as contractors to undertake prescribed maintenance on the Shire roads. Such maintenance must be carried out using qualified and competent staff, licensed machinery and operators, public liability insurance cover, workers compensation insurance and all necessary signing for Works on public roads required under an approved Traffic Management Plan. They shall execute only those works authorised and ordered.

 

These measures are required because of the potential risk of non-compliance to the community, the contractor and the Shire. Not only is the safety and comfort of the community to be considered but the shared liability risk for both the contractor and the Shire.

 

10.0      ROADS NOT ON THE REGISTER

 

For roads or tracks not on the Register, Council does not have a duty to inspect, maintain or repair them.

 

11.0      REQUESTS FOR ROAD CONSTRUCTION

 

(Not Development related)

From time to time Council may receive a request from others to construct roads on existing unformed road reserves. In such cases the following shall apply:

 

·      Requests are reported to and considered by Council. The response, if affirmative, will require the works to be funded by the applicant or as otherwise determined;

·      The applicant will make suitable arrangements to make payment to the Shire of the full cost of the works as estimated by the Director of Infrastructure. Alternatively, if the works are proposed to be carried out by a contractor, plans and specifications will be required to be submitted to the Director Infrastructure for approval prior to work commencing;

·      The standard of plans and specifications required for a contractor will be determined by the Director Infrastructure and will reflect the extent and consequences of the proposed work.

·      If a contractor is employed a pre-start meeting will be required, and a formal acceptance process completed.

·      If the Shire carried out the work, the same standards of work will apply as with a contractor.

·      Upon acceptance of the work, the Shire Road Register will be amended to reflect the maintenance status of the new work.

 

 

12.0      LIABILITY

 

The Shire accepts full liability for the standard of all roads documented in the Public Roads Register (Roman2), regardless of whether that standard is lower than that required for acceptance of new roads on the Register.


“Creation of a Road”

 

Extract from Brochure Authored by State Land Services:-

 

 

WHAT IS THE RELEVANT LEGISLATION FOR CREATION OF ROADS?

 

The Local Government Act 1960 was until 30 June 1996 the State’s primary legislation dealing with creation, management and closure of roads. On 1 July 1996 it was mostly replaced by the Local Government Act 1995, with those parts of the residual Local Government (Miscellaneous Provisions) Act 1960 (LGMPA) dealing with roads being incorporated into the Land Administration Act 1997 (LAA) on 30 March 1998.

 

The LAA is administered by the Minister for Planning and Infrastructure in a statutory role as Minister for Lands, and the Department for Planning and Infrastructure.

 

Part 5 of the LAA deals with public roads-related matters. Part 4 has provisions dealing with closure of private roads. The Main Roads Act 1930 also contains provisions in relation to roads, in particular highways, main roads and secondary roads. This Act gives the Commissioner of Main Roads similar powers to a local government. There is other legislation which also relates to the creation of roads and the various acts are outlined in this brochure.

 

WHAT IS A ROAD?

 

There are a number of different definitions of a road including the following:

 

•            The Local Government Act 1960 defined a “road” to have the same meaning as “street”, which was then defined to include “a highway; and a thoroughfare; which the public are allowed to use; and including every part of the highway or thoroughfare, and other things including bridges and culverts appurtenant to it”;

 

•            The Local Government Act 1995 dispenses with “roads” and “streets” and “highways”, using instead the term “thoroughfare”, which is defined as “a road or other thoroughfare and includes structures or other things appurtenant to the thoroughfare that are within its limits, and nothing is prevented from being a thoroughfare only because it is not open at each end”

 

•            The Main Roads Act 1930 defines “road” to mean any thoroughfare, highway or road that the public is entitled to use and any part thereof and all bridges (including any bridge over or under which a road passes), viaducts, tunnels, culverts, grids, approaches and other things appurtenant thereto or used in connection with the road and “declared road” to mean a road declared to be a highway, main road or a secondary road under this Act, and including any part of any such road.

 

There are a number of other definitions. A useful, succinct set of definitions is provided by the Australian Standard 1348-2002 Road and Traffic Engineering – Glossary of Terms:

•            Road – a route trafficable by motor vehicles; in law, the public right-of-way between boundaries of adjoining properties.

 

•            Road reserve – a legally described area within which facilities such as roads, footpaths and associated features may be constructed for public travel.

 

•            Public road – a public place provided for the use of the public for traffic movement, and which has been declared, or proclaimed, notified or dedicated.

 

WHAT DO THE VARIOUS TERMS MEAN?

 

“State Land” means and includes all land except land granted in fee simple, and includes all marine and other waters within the State, all islands and the sea-bed and subsoil, seaward to three nautical miles.

 

“Dedication” as applied to a public road reserve is the setting apart or registration of a portion of land for a public road. It has the effect of vesting freehold land in the State.

 

“Main road” means a road declared by proclamation to be a main road for the purpose of the Main Roads Act 1930.

 

“Highway” means a road declared by proclamation to be a highway for the purpose of the Main Roads Act 1930.

 

HOW ARE PUBLIC ROADS CREATED?

 

A public road reserve may be created by subdivision of State or freehold land or by dedication in accordance with the LAA and other statutes. Each of these is discussed below:

 

Land Dedicated For Roads Through State Subdivision

 

Section 27 of the LAA empowers the Minister for Lands to authorize the subdivision of State land into lots and determine the width and direction of streets, roads and lanes within such lands.

 

Section 28 of the LAA provides for the automatic dedication of roads shown on a certified State subdivisional plan.

 

Both of these provisions deal with subdivisions, and they do not cover the situation where a road is being created alone or with a single lot. The mechanism of section 56 of the LAA is employed in this case.

 

Land Dedicated For Roads Through Freehold Subdivisions

 

Section 295(5) of the LGMPA provides for the automatic dedication of roads within a freehold subdivision once the plan of survey has been deposited with the Department of Land Information (DLI) and approved, provided they are six metres in width. This provision is affected by new planning legislation:

 

•     Clause 14 of the Planning and Development (Consequential and Transitional Provisions) Bill 2004 repeals section 295 of the LGMPA;

•     Clause 9 of the Bill inserts section 26A to the LAA, providing for naming of roads on plans of subdivision; and

•     Clause 172 of the Planning and Development Bill 2004 replaces section 295(5) of the LGMPA.

 

Land Dedicated For Roads Under The LAA

 

In accordance with section 56 of the LAA, local government authorities may request the dedication of land to become a public road reserve.

This may involve excision of land from State land or reserves or a taking under the LAA of leasehold and freehold estates. Once survey plans and documentation has been completed, the Minister for Lands authorizes the dedication of the road reserve. This process normally entails a local government gaining prior agreement of all affected landholders or vestees.

 

The provisions of the LAA enable local government authorities to seek:

 

•    Section 56(1)(a): dedication as roads land that is reserved or acquired for use as a road, or used by the public as a road;

•    Section 56(1)(b): dedication of private roads as public roads, at the request of the owner or adjacent ratepayers; and

•    Section 56(1)(c): dedication of private roads as public roads where the public have used such roads for more than ten years.

 

Common Law Dedication

 

In relation to roads created before the Local Government Act 1960 came into force, dedication at common law also has to be considered. In considering whether or not

there is a dedication at common law, regard must be had for two things:

 

1.    There must be an intention to dedicate the road by the person who created the road; and

2.    There must be acceptance of that dedication by the public.

 

The intention to dedicate the road is readily inferred by the courts if the road communicates at each end with another road and there is sufficient acceptance of that dedication by the public if members of the public have in fact used the road.

 

Freehold Land Dedicated For Roads Under The Provisions Of The Town Planning And Development Act 1928

 

•      Section 28(1): provides for the automatic dedication of land transferred to State or local government authorities for extending or adding to a public street;

•      Section 28(2): provides for automatic dedication of street truncations on approved plans of survey; and

•      Section 28(3): automatic conveyance and dedication of street widenings, additions or extensions upon approval of subdivision plan or diagrams.

 

These provisions will be replaced by clause 172 of the Planning and Development Bill 2004.

 

Dedications Under Superseded Legislation

 

Roads may have been dedicated under superseded provisions for which there are now no corresponding powers. For example:

 

•     Section 106 of the Land Act 1933 – declaring of public roads through pastoral leases (such road is a thoroughfare within the meaning of section 1.4 of the Local Government Act 1995 and via section 3.53 of that Act, comes within the care, control and management responsibility of the relevant local government authority;

•     Section 105 of the Public Works Act 1902 – declaring as a public road, land resumed for railways;

•     Section 3.49 of the Local Government Act 1995 (repealed in 1998); and

•     Section 17 of the Land Act 1933 (former provision for dedicating roads through State subdivision).

 

Roads Which Have Not Been Dedicated

 

Many formed or made public roads are not contained within dedicated road reserves. The land on which they are constructed may have been acquired by transfer or resumption and remain as parcels of fee simple land registered in the name of Her Majesty or the Commissioner of Main Roads. For example, Mitchell Freeway comprises a number of freehold parcels. Alternatively, roads may run through unallocated State land or leases (eg, pastoral leases) or through State forest, where there is no separate reserve created.

Land
Register of Public Roads Assessment Form

 

Assessment form to be used where a road or land area does not easily fit the test of being reasonably required for public use.

 

Road Name:………………………………….…….. Road Number………………

 

Investigation Conducted by:……………………………….

 

 

Signed:………………………….. Date:……………………………

 

Recommendation is Add to register / Do not register.

 

Authorised by:……………………………..………… Date:…………………..

 

Signed:…………………………………….. Position:………………………..

 

Final decision is Add to register/Do not register.

 

If registered by discretion give reason: ……………………………………………………………………

 

…………………………………………………………………………………………………………..…………

 

*Note: What to consider when assessing “is it reasonably required for general public use”:

 

·     Does it serve a defined purpose or function for the general public?

·     Is there evidence that it is currently being used by the general public?

·     What are the consequences if public access was removed?

·     Can the needs for public use of this land be readily accommodated with alternatives?

·     Should it be recommended for discontinuance?

 


 


 

 

 

 

INFRASTRUCTURE                                                4.2.4

Operations

 

TITLE:

VERGE MAINTENANCE

ADOPTED:

OCM OMC 20 November 2008 – Pages 113 – 114

OMC 15 March 2012 – Pages 96 – 103

OMC 17 December 2015 – Pages 110 - 121

REVIEWED:

 

ASSOCIATED LEGISLATION:

Local Government Act 1995

Local Government and Public Places Local Law

 

ASSOCIATED DOCUMENTS:

Local Planning Policy 5.7 – Development Standards for Development Applications

Verge Treatment Information Sheet (attached)

Street Trees Information Sheet (attached)

Street Tree Order Form (attached)

REVIEW RESPONSIBILITY:

Director Infrastructure

DELEGATION:

 

Previous Policy Number 3.1.16

 

Part A

 

Objective:

 

Provide further detail to support “Local Government Property and Public Places Local Law, 20032016”.

 

Define the obligations and responsibilities of the Community and the Shire of Broome in relation to the maintenance and development of verges within the Shire.

 

Define the type and extent of permissible works to verges.

 

Definitions:

 

Verge: The area between the back of the kerb (or edge of the road if no kerb exists) and the property boundary and excludes any paved or formed footpaths and driveways.

 

List of acceptable materials: Means a material that will create a hard surface and is contained on Council’s List of acceptable materials in the Permissible Verge Treatment Information Sheet.

 

Permissible Verge Treatment: The installation of any hard or soft landscaping within the area of the verge in accordance with the Verge Treatment Information Sheet attached to this policy.

 

Approved Street Trees: Trees planted within a verge of a species included in the Approved Street Tree List that are installed in accordance with the Street Tree Information Sheet attached to this policy.

 

Policy:

 

The Council and the Shire of Broome are committed to ensuring that verge treatments installed within the district will:

·    contribute to the amenity of the area,

·    compliment local flora types

·    be carried out in a manner that does not cause safety or access issues for general community users of the verge and road reserve.

 

 

Council allows the removal of small amounts of excess ‘pindan’ sand from its roads provided the Shire obtains a safety benefit from the removal.

 

uideline

1. All landscaping and planting within the verge must be undertaken in accordance with the Shires Verge Treatment sheet and Street Tree information sheet (attached).

The Shire of Broome will maintain Landowner installed approved street trees where they have been installed in accordance with the Street Tree Information Sheet attached to this policy.

2. The Shire of Broome will maintain all trees occurring naturally in the verge and approved street trees installed in accordance with the Street Tree Information Sheet attached to this policy. The maintenance of non-landowner with the Shire of Broome reserving the right to remove this vegetation if and when required with it further possible that cost relating to this removal be passed on to the adjacent landowner.

 

The Shire of Broome will maintain all trees endemic to the Broome Shire occurring naturally within the verge.

 

3. Western Power are responsible for trimming endemic trees to ensure safety within proximity to power lines.

 

4. Pruning or removal of naturally occurring endemic species and existing street trees without written approval of the Shire of Broome’s Parks and Gardens Department is not permissible. 

 

5. In urban areas the Shire of Broome will provide, free of charge, 1 street tree per 20m of verge length to the adjacent landowner upon approval of a conforming application.

The maintenance of non endemic vegetation within the verge is the responsibility of the adjacent landowner.  At and corners where growth in excess of 400mm impacts driver visibility and sight lines the Shire of Broome will maintain vegetation if required.

6.   At intersections and corners and within 20m of that intersection or corner where growth may impact drivers vision and sight lines, only plants with a growth habit of less than 400mm will be approved. It is the responsibility of the adjacent landowner to maintain any non-approved vegetation to this height. If non-conforming, the Shire of Broome may issue of that notice, the Shire of Broome may undertake the required work with the cost of such works being the responsibility of the landowner.

 

7.   The Shire of Broome may issue a notice of non-conformance to the verge policy where required. Where a landowner does not comply with notices to rectify non-conforming Verge Treatments and plantings, the Shire of Broome may rectify the verge and the cost of removal of verge treatments or plantings installed contrary to the requirements of this policy will be the responsibility of the landowner.

 

8.   Approval is required for installation of any Verge Treatments and plantings that do not comply with the requirements of this policy attached information sheets.

 

 

9. Approval must be sought from the Shire of Broome to place any sculpture or hard object within the road reserve, any such subject must be frangible, that is easily collapsible upon vehicle or bike rider impact. No hard stakes such as star pickets or fence droppers are permitted to be used within the verge.Privately installed Verge Treatments will be permissible where they comply with the Verge Treatment requirements contained within the attached Verge Treatment Information Sheet.

 

The cost of removal of verge treatments, non endemic species and street trees installed contrary to the requirements of this policy will be the responsibility of the landowner.

 

10. Where a landowner does not comply with notices to rectify non-conforming Verge Treatments, issues relating to non endemic species and street trees, The Shire of Broome will rectify the verge and recover costs for the works from the owner under the powers of the Local Government Property and Public Places Local Law 2003.

Where a landowner does not comply with notices to rectify non-conforming Verge Treatments, issues relating to non endemic species and street trees, The Shire of Broome will rectify the

13.      Maintenance of the verge, including any Verge Treatments, other than conforming street trees and naturally occurring endemic species remains the responsibility of the adjacent landowner.

 

Development in the verge other than Verge Treatments as defined in this document may be approved but will be subject to a Planning Approval.

13. Reinstatement of Verge Treatments destroyed or damaged by the activity of a Service Authority or Utility Provider shall be negotiated between the Landowner and the Service Authority.

14. Verge Treatments destroyed or damaged by the activity of the Shire of Broome will be reinstated to an equivalent standard.

15. Under the powers conferred by the LGA 1995 and Shire of Broome Local Government Property and Public Places Local Law 2003 2016, Council may give notice to a landowner or occupier to remedy an unsatisfactory situation and if necessary recover the cost of carrying out remedial works.

 

Part B

 

Procedure:

 

STREET TREE SUPPLY

 

1.          A Street Tree Information Sheet and Street Tree Supply Application Form will be available for pick up from the Shire Administration Centre and on the Shire website under Parks and Gardens.

 

2.          Completed application forms can be emailed to shire@broome.wa.gov.au, mailed to PO Box 44, Broome 6725 or hand delivered to the Shire Administration Centre.

 

3.          Parks and Gardens Section The Infrastructure Directorate will process applications and notify Landowners at their earliest convenience.

 

4.          Approval of the application to a maximum quantity of 1 street tree per 20m of verge in urban areas will be granted where:

 

-         There are no existing Street Trees in the Verge adjacent to the property

-         There are existing street trees, but the number is less than 1 tree per 20m of verge

 

5.         Upon approval of an application the owner shall be contacted and advised:

 

-          Their application was successful

-          The number and species of trees that have been approved

-          Details of the availability of the trees

-          Time and location of Planting

 

6.         Trees will be installed by Shire of Broome Parks and Gardens at a mutually agreed time.

 

7.         Street trees are to be supplied with a copy of the Street Tree Information Sheet.

 

 

VERGE TREATMENT

 

1.   The Verge Treatment Information Sheet will be available for pick up from the Shire Administration Centre and on the Shire web page under Parks and Gardens.

 

2.   Where required the procedure for enforcing rectification of non-conforming treatments will follow the requirements of the Local Law and will include:

 

a.         Written notification to Landowner citing details of non-conforming aspect and specified time for rectification or response, requiring the Landowner to:

 

·      Rectify non-conforming aspect; or

·      Give a satisfactory reason why the Landowner should be given extra time in which to comply with the notice.

 

b.         Were rectification has not been completed or response has not been received within the time specified, a further notice is to be issued stating that compliance has not been achieved and if no response has been received within a further 28 days notification will be issued that rectification will be undertaken at the earliest convenience by the Shire of Broome and the cost of rectifications will be recovered from the Landowner.


 Infrastructure Information Sheet

VERGE

TREATMENT

 

Introduction

While the predominant function of verges is to provide a safe corridor for pedestrian access as well as a service corridor for placement and maintenance of public utilities, appropriately landscaped verges enhance the visual appeal of the streetscape, increase community amenity and provide shade and create a habitat for birds and other wildlife.

Landscaping of verges can be broken up into 2 categories, Verge Treatments and Street Trees.  This information sheet provides guidelines on Permissible Verge Treatments.  For further information on the installation and maintenance of street trees please refer to the Street Tree Information Sheet.

Definitions

Verge: The area bounded by the back of the kerb (or edge of the road if no kerb exists) and the property boundary. Verge area is bounded perpendicular to the exterior property boundary and running directly to the kerb or road edge if no kerb exists.

Verge Treatment: Any soft or hard landscaping installed within the area of the verge excluding street trees

Approved Street Tree: A species approved within the Shire of Broome Street Tree Information Sheet planted in accordance with the Shire of Broome verge policy.

CAN I INSTALL VEGETATION WITHIN THE VERGE?

Grass, garden beds, trees and shrubs can be installed only within the verge (As described in this information sheet) adjacent to your property and if installed and maintained in accordance with the guidelines contained in this information sheet.

No planting or treatments are permissible on Shire of Broome land that does not fit into the definition of a verge in this information sheet.

Before any installation the installer is required to contact dial before you dig (1100) and other service and utility providers to ensure underground services and infrastructure are not damaged and correct clearances maintained.

UNAPPROVED PLANTING

Planting within Shire of Broome Public Open Space, Reserves or Drainage Easements is not permissible without prior approval from the Shire of Broome Parks and Gardens Section 08 9191 3456.

 

WHO IS RESPONSIBLE FOR MAINTAINING TREES AND VEGETATION WITHIN THE VERGE?

The Landowner of the property directly adjacent to the verge is responsible for the maintenance of any vegetation and verge treatments within the verge, regardless of whether it was installed by previous Landowners or Residents, with the exception of:

·    approved street trees

·    naturally occurring endemic species

CAN I REMOVE OR TRIM TREES WITHIN THE VERGE?

All approved street trees and naturally occurring endemic species within the verge are the property of the Shire and it is an offence to trim or remove these trees without prior approvalIf you are wishing to remove trees from your verge please contact Parks and Gardens on 9191 3456 to have protected trees identified and to get approval for removal of these trees where necessary.

PERMISSABLE VERGE TREATMENT

This is the “Permissible Verge Treatment” referred to in the Local Law.

A Landowner may improve a verge directly adjoining their property in the following manner:

1.  Planting and maintenance of lawn

2.  Planting and maintenance of vegetation (garden) provided that no part of the vegetation:

-     Is greater than 400mm in height when within an intersection abutting a crossover, pedestrian access way as shown in the curve visibility triangle in Figure 1 and the crossing visibility triangle shown in Figure 2.

-     Restricts clear sight visibility for a person using the thoroughfare or using a driveway abutting the thoroughfare

-     Inhibits or interferes with adequate street lighting and visibility of signage

-     Is of a thorny or prickly nature which may create a hazard for pedestrians or vehicle thoroughfares. All species of this nature are to be maintained to a 1m clearance from all pedestrian and vehicle thoroughfares e.g. Bougainvillea, Agave

-     Intrudes or invades Shire of Broome Public Open Space, Reserves or Drainage Easements.

-     Is a declared weed species including those listed in the Shire of Broome Weed Brochure

-     Producing nuts or is maintained clear of Pedestrian and Vehicular thoroughfares to ensure safe passage for all users. E.g. Coconuts, Mangos, etc. 

-     Restricts a 2-metre clear and safe pedestrian access way where there is no existing footpath.

-     Restricts a 2m clearance is maintained for planned subdivisional footpaths within the verge. Contact Shire of Broome Infrastructure Directorate to confirm Broome Footpath Plan. 08 9191 3456.

-     Intrude on a 3.0m clearance zone above a footpath or access way and a 4.5m clearance zone above a roadway (Refer Figure 3 - Footpath and Road Overhead Clearances)

-     Where an owner/resident wishes to install permanent sprinklers the owner/resident must:

·      source water from a point beyond the water meter and inside the property through a backflow protected irrigation connection

·      ensure sprinklers are a pop-up type

·      Ensure solenoids are within the Property Boundary

·      All supply reticulation pipes must be installed at a minimum depth of 300mm and placed in conduit sleeves two times the diameter of the supply pipe under footpaths and crossovers. Sleeves are to protrude a minimum of 300mm out from the edge of the footpath or crossover.

·      maintain the sprinkler system in a safe and proper operating condition

·      Ensure overspray and runoff does not intrude onto road pavement.

3.  Installation of Surface Treatments using an “acceptable material” where the treatment is installed and finished level is 20mm below a containment border, garden kerb, kerb, crossover or footpath.

Refer to Appendix 1 for a current “List of Acceptable Materials”.

4.    Installation of Statues, Boulder Rockwork and non-frangible objects so long as they do not:

-     Exceed 300mm in height when within the intersection or curve visibility triangle shown in Figure 1 and the crossing visibility triangle shown in Figure 2.

-     Restrict clear sight visibility for a person using the thoroughfare or using a driveway abutting the thoroughfare

-     Inhibit or interfere with adequate street lighting and visibility of signage

-     Occur within 2.75m clear of the travelled path on un-kerbed roads

-     Require electricity

5.   A combination of 1 to 4 above:

 

Figure 1 – Intersection or Curve Planting Height Restrictions

 

Figure 2 – Crossing Point Height Restrictions

     Figure 3 - Footpath and Road Overhead Clearances

ALTERNATIVE VERGE DEVELOPMENT

Where a Landowner wishes to develop his/her verge other than in accordance with the “Permissible Verge Treatment” requirements he/she can apply for a Development Approval for the works under the Planning and Development Act 2005. This will be referred to the Shire of Broome Parks and Gardens Section. Contact Shire of Broome Administration 08 9191 3456.

 

 

 

 


 

Appendix 1

 

List of Acceptable Materials

 

Acceptable material means any material that will create a dust free, moisture retentive, erosion resistant surface, and which appears in the following list:

·      Treated Timber

·      Garden Edging,

·      Organic Mulch (Particle size under 300mm)

·      Feature Rock

·          Minimum 500mm in diameter (See Installation of Statues, Boulder Rockwork and non-frangible objects for installation restrictions)

·      Stone/Rock/Gravel 20mm<D50<40mm up to a maximum of 40% of the verge area for verges greater than 50 square metres (not including crossovers and footpaths)

River-washed rounded stone D50<40mm

Crushed rock D50<40mm

Crusher dust D50< 10mm

Where the intention is to provide an impervious concrete, bitumen or brick-paved hardstand surface for the parking of cars, it is necessary to first obtain a Development Approval from Council’s Development Services Directorate. This includes areas of inorganic material that are over 20m2 and perceived as car parking areas or non-landscaped verges.

This list may be updated with the approval of the Director Infrastructure from time to time.


 

 

 

 

 

 

 Infrastructure Information Sheet

 

 

STREET TREES

 

 

 

INTRODUCTION

Street Trees are an important element in the enhancement of Broome’s Streetscape and the visual appeal of your street and property.  Street trees provide shade, enhance the environment and create a habitat for birds and other wildlife. 

Landscaping of verges can be broken up into 2 categories, Verge Treatments and Street Trees.  This information sheet explains the services provided by the Shire and the responsibility of the Landowner in relation to the supply and maintenance of street trees. 

For further information on installing and maintaining gardens, irrigation, turfing and surface treatments within the verge please refer to the Verge Treatment Information Sheet.

 

INFORMATION AND ADVICE

The Shire of Broome encourages the installation of street trees and will supply and install an urban for the Landowner, who currently does not have street trees in their verge, 1 tree per 20m of verge length parallel to the road, adjacent to their property.  The supply of these trees will be free of charge under the understanding that the landowner will install maintain the trees in accordance with this information sheet and will water the tree for the first 2 years.

 

DEFINITIONS

Verge: The area between the back of the kerb (or edge of the road if no kerb exists) and the property boundary.

Approved Street Tree: A native, endemic tree or a street tree of the approved species in the verge in accordance with the street tree installation requirements.

 

WHO IS REQUIRED TO MAINTAIN STREET TREES?

The Shire of Broome will maintain all Approved street trees and naturally occurring endemic species within the verge after the initial two year establishment period.  All other trees planted in the verge or on the adjacent property that extends out over the verge, are the responsibility of the Landowner whether installed by that Landowner or previous Landowners or Residents.

 

WHAT SPECIES OF TREE WILL BE SUPPLIED?

To ensure the species of tree is suitable to your verge and to create a consistent theme within a street the Shire has approved a species of tree for every street.  Please check the attached council approved Street Tree List to find the street tree species approved for your street.

 

 

CAN I PLANT TREES AND VEGETATION OTHER THAN APPROVED STREET TREES IN THE VERGE?

You can plant trees and vegetation other than approved street trees in the verge, where it is installed in accordance with the Verge Treatment Information Sheet. Planting of this nature remains the responsibility of the landowner and will not be supplied, maintained, trimmed or removed by the Shire.

 

CAN I REMOVE OR TRIM TREES WITHIN THE VERGE?

All approved street trees and naturally occurring endemic species within the verge are the property of the Shire and it is an offence to trim or remove these trees without prior approvalIf you are wishing to remove trees from your verge please contact Parks and Gardens on 9191 8710 to have protected trees identified and to get approval for removal of these trees where necessary.

 

HOW DO I APPLY FOR THE SUPPLY OF A STREET TREE?

Complete the Street Tree Supply Application Form attached to this information sheet and forward it to the Shire administration on Weld St. as per the directions on the application form. 

 

STREET TREE MAINTENANCE-2 YEAR ESTABILISHMENT PERIOD

An information sheet containing all the relevant maintenance details will be supplied to the landowner upon planting of the designated street tree/s.

 

        Figure 1 – Intersection Planting Clearances

 

Where the above minimum clearances cannot be achieved, please contact Council for specific advice on your situation.

 

Shire of Broome

 

Street Tree Planting Guide

 

Version 1 January 2008

Document Review – January (annually)

 

The tree specie listed in the table below is the current selection to be used for all approved street-tree plantings

 

Each street in Broome has been assessed and a particular “Theme” tree identified which becomes the Approved Street tree” for your street.  Contact the Parks and Gardens Team for advice on the Theme Tree for your street.

 

 

Botanical Name

Common Name

Acacia eriopoda

Pindan wattle

Adonsonia gregorii

Boab

Alstonis linerias

Bitter bark

Eucalyptus bella

Weeping ghost gum

Eucalyptus bigalerita

Northern salmon gum

Eucalyptus dampieri

Dampiers bloodwood

Eucalyptus miniata

Woolybutt

Eucalyptus paractica

Cable beach ghost gum

Eucalyptus phoenicia

Scarlet gum

Eucalyptus polycarpa

Long fruited bloodwood

Eucalyptus ptychocarpa

Swamp bloodwood

Gardenia pyroformis

Turpentine tree

Grevillea pteridifolia

Kimberley christmas tree

Hakea aborescens

Yellow hakea

Lysyphyllium cunninghamii

Jigal

Melaleuca dealbata

Garnboor tree

Mimusops elengii

Mamajen

Owenia reticulata

Desert walnut

Planchinia careya

Cocky apple

Terminalia cunninghamii

Pindan walnut

Terminalia ferdinandiana

Gubinge tree

Terminalia petiorlaris

Blackberry tree

Leptospernum longifolium

Weeping t-tree

 

 

*denotes trial specie


 

 

Street Tree Supply Application Form

 

STREET TREE ORDER FORM

 

Property Owner_________________________________________________

Address_______________________________________________________

_____________________________________________________________

Suburb__________________________________

Telephone No. (Home)_________________ (Work) ____________________

Mobile No._____________________

Length of verge adjoining your property boundary measured at the back of kerb (m) _______________________ Corner Block (Yes / No)

Urban Landowners, who currently do not have street trees in their verge, are entitled to (1) tree per 20 metres of verge.  Street Trees supplied will be of the approved species for your street as per the attached Approved Street Tree List.

 

Completed order forms can be returned via:

 

-     Email to Shire@broome.wa.gov.a

-     Deliver or post to Shire of Broome Administration Centre, Cnr Weld and Haas Street, PO Box 44, Broome 672

 

 

Declaration

I / We the Property Owner would like to apply for the supply of a street Tree(s) and undertake to:

 

-     Maintain the approved street tree in accordance with the Street Tree Information Sheet provided upon planting.

-     Water the tree for the first 2 years during its establishment period according to the Street Tree information sheet provided.

 

 

Signature____________________________________ Date_____________


INFRASTRUCTURE                                         4.3.2

Asset and Building

 

TITLE:

DISPOSAL OF ASSETS

ADOPTED:

OCM 25 November 2010 – Pages 92 – 95

REVIEWED:

OMC 15 March 2012 – Pages 96 – 103

OMC 27 March 2014 – Pages 94 – 99

OMC 17 December 2015 – Pages 110 - 121

ASSOCIATED LEGISLATION:

Local Government Act 1995

Local Government (Functions and General) Regulations 1996

ASSOCIATED DOCUMENTS:

Asset Management Policy 4.3.1

REVIEW RESPONSIBILITY:

Director Infrastructure

DELEGATION:

 

Previous Policy Number 3.1.18   

PART A

Objective:

The purpose of this Policy is to provide unambiguous and transparent direction for the disposal of assets and in doing so:

•       promote fair and effective competition to the greatest possible extent;

•       consider any potential benefit to the community; and

•       ensure best value for money is achieved.

 

 

Policy:

 

The Council and the Shire of Broome are committed to ensuring an open, transparent, fair and systematic basis for the disposal of the Shire’s Non- Current Assets.

 

Principle:

The Shire of Broome is committed to the open, transparent and systematic disposal of Council's Non-current Assets.

 

PAR T B

Management Procedures

Definitions:

To assist in interpretation of the Policy and these Management Procedures, the following definitions shall apply:

Apparent Value

relates to the estimated current financial value of an asset.

Asset

means a resource controlled by the Shire Council as a result of past events and from which future economic benefits are expected to flow to Council (e.g. real property, motor vehicles, plant and equipment, art works, etc).

Asset Disposal

means a process where Council divests itself of an asset in a systematic and authorised manner as directed by this Policy

Best Value

means where the Shire Council obtains the best possible return for the goods it sells in financial, social, economic and environmental terms.

CEO

means the Chief Executive Officer of the Shire of Broome.

Responsible Officer

means that officer nominated in the Shire’s accounting system as being responsible for the service supported by that asset.

The Act

means the WA Local Government Act 1995 (and as amended from time to time).

The Shire

means the Shire of Broome.

 

Apparent Value: relates to the estimated current financial value of an asset.

 

Asset: means a resource controlled by Council as a result of past events and from which future economic benefits are expected to flow to Council (e.g. real property, motor vehicles, plant and equipment, art works, etc).

 

Asset Disposal: means a process where Council divests itself of an asset in a systematic and authorised manner as directed by this Policy.

 

Best Value: means where Council obtains the best possible return for the goods it sells in financial, social, economic and environmental terms.

 

CEO:  means the Chief Executive Officer of the Shire of Broome.

 

Responsible Officer: means that officer nominated in the Shire’s accounting system as being responsible for the service supported by that asset.

 

The Act:  means the WA Local Government Act 1995 (and as amended from time to time).

 

Context:

This policy applies to assets controlled by Council.

It does not apply to items sold from the Waste Management Facility.

Regulation Section 30 (3) (a) of the Local Government (Functions and General) Regulations 1996 states that disposal of assets is exempt from the requirements of Section 3.58 of The Act if the value is less than $20,000 excluding GST.

Council needs to be assured that probity is maintained in the process at all times.

The apparent value of assets shall be determined by the relevant Director as defined in this Policy who has responsibility for the management of the asset. The apparent value will be determined with consideration of:

a.   the book value; and/or

b.   replacement value of the asset; and/or

c.   an assessment of the market value of the asset, made by taking into consideration:

i.    the potential to sell the asset;

ii.    the perceived value of the asset to a buyer;

iii.   its age and condition;

iv.  potential for obsolescence; and

v.   usefulness for future needs.

 

The Director will be required to detail the assumptions used in estimating the asset's value, in preparing their recommendation to dispose of the asset.

In all cases, prior to disposing of assets, Directors should first consider the needs of other Departments, Sections or Units. This could take the form of a notice communicating surplus assets and requesting that the Responsible Officer sign off that it is agreed there is no further use for the asset, whilst giving other Departments the opportunity to state their requirements for the business.

 

Decision to Dispose

Before any asset is disposed of, it is necessary to certify that the asset is appropriate for disposal and obtain approval from the Chief Executive Officer.

Common criteria for determining that goods may be suitable for disposal include:

a.   No longer operationally required;

b.   Unserviceable or beyond economic repair;

c.   Technologically obsolete.

d.   Operationally inefficient.

e.   Surplus to current or immediately foreseeable needs

f.    Part of an Asset Replacement Program

g.   Contains any environmentally sensitive or hazardous material

h.   Non-compliance with OSH Standards;

i.    Uneconomical to repair

 

Factors to Consider prior to Disposal

a.   Other Uses – prior to disposal, a reasonable effort is to be made to ensure no other Council Department has a need for the asset;

b.   Items of historical or cultural significance should be given special consideration;

c.   Dangerous Materials – Any dangerous goods are to be disposed of in an authorised manner;

d.   Conflict of Interest – The Director and the officer responsible for the disposal of any Council Asset must ensure that no conflict of interest occurs in or as a result of the asset disposal process;

e.   Identifying Marks – As far as practical all Council identifying marks or stickers should be removed or obliterated;

f.    Spare Parts – Spare parts held for a particular item should be disposed of in one parcel with the asset;

g.   Preparing assets for sale – A check must be carried out to ensure assets do not contain:

i.    Additional Items not intended for sale

ii.    Confidential documents (records, files, papers)

iii.   Software (which could lead to a breach of license or contain confidential data)

iv.  Digital confidential information; and

v.   Hazardous materials.

 

AAdditionally, the form for removal from Asset Register should be completed.

 

Assets with an Apparent Value of Less Than $5,000 (ex GST)

The relevant Director is responsible for determining the appropriate method for the disposal of Assets with an Apparent Value of less than $5,000. The method used for the disposal of Assets shall maximise the return to Council.

The accepted means of disposal under this category may include, but not limited to:

a.   Disposal by publicly invited quotation;

b.   Public Auction; or

c.   Donation to not-for-profit Community or ATO endorsed Charity organisations.

 

Assets with an Apparent Value of More Than $5,000 (ex GST)

For assets with an Apparent Value greater than $5,000 the disposal method will be determined by the relevant Director on a case by case basis.

In making a determination the Director should consider:

a.   Market forces and impact on return from the sale of the asset.

b.   The purchase price, lifecycle maintenance costs and remaining useful life to    maximise where possible the return on investment of the asset.

c.   The strategic worth of the asset and its long term benefit to the community.

d.   Community need for the asset and alternative resources.

e.   How the funds received from the disposal of the asset are to be allocated.

 

Methods of Disposal

The Corruption and Crime Commission (CCC) advises amongst other matters that misconduct occurs when a public officer abuses their authority for personal gain, or to cause detriment to another person, or acts contrary to the public interest. Misconduct includes theft, bribery, abuse of power, misuse of resources and conflict of interest.

In its simplest form, misconduct occurs when a public officer acts with dishonesty or a lack of impartiality which could affect their official capacity.

As a general principle, Council requires that the sale of assets to staff is NOT to occur outside of a public process.

All disposals of any surplus Council assets shall be by way of public invitations to bid for the purchase of the assets. This shall not be limited to staff or to elected officials. Members of the public must also be allowed to compete for the purchase.

At all times, surplus assets or materials should be disposed of in a way that maximises returns whilst ensuring open and effective competition.

The disposal method chosen must be appropriate to the nature, quantity and location of goods, and promote fair and effective competition to the greatest extent possible. Where practical, a competitive disposal method should be selected, particularly for the disposal of high-value goods or large quantities of similar goods.

 

Authorised Disposal Methods

Public Tender

Tendering for the disposal of goods is to be conducted in accordance with the same principles as Council's tendering policy.

Public Auction

Public auction maximises the opportunity for public participation in the disposal process and is the appropriate method when:

a.   there is public demand for the items;

b.   alternative disposal methods are unlikely to realise higher revenue; and

c.   the costs associated with the auction can be justified in relation to the expected revenue from the sale.

 

Expressions of Interest/Quotations

Council may determine to dispose of items by advertising for expressions of interest or quotations where:

a.   the items are of low value;

b.   the costs of disposal are disproportionate to the expected returns; or

c.   there is very limited interest.

Trade-in

Trading in surplus goods can be an efficient means of disposal, and a convenient way to upgrade equipment such as plant. However, trade-in prices do not always provide the best return as the purchase price of an item not on State Contract may have been inflated to offset the trade-in value offered by the supplier. Any decision to trade-in surplus goods must be based on a clear analysis of the benefits of the trade-in as opposed to separate sale of the surplus goods.

Sale or Transfer to Other Agencies

There may be occasions when Council may consider selling or transferring surplus goods to another council or similar organisation, before offering them for sale on the open market. For example, it may decide to give surplus office furniture to a co-operative organisation in which the Shire is a participant.

Authorisation by way of a resolution of Council is required before such a sale or transfer can be effected.

Donation to Notfor profit Charity or Community Organisations.

(Note: this method of disposal may not be used for asset with an estimated value of more than $1,000).

The Shire and Council occasionally receive requests from not-for-profit community, charity or work creation organisations seeking the donation of, or concessional sales of surplus goods. At times Council may invite such organisations to submit proposals for the donation of surplus or obsolete goods.

In considering any request, the matter shall be referred to the Manager Community  Development for assessment along the lines of the Community Sponsorship program and consider the following:

a.   Community groups should receive equitable treatment to avoid possible claims of bias.

b.   A check should be made to ensure the group is not a disguised
business operation providing funds or remuneration to the principals.

c.   They must verify in writing their status as an incorporated not for profit organisation, with an approved Constitution, or an organisation endorsed for tax concessions by the ATO and that the intended use of the asset is non-commercial (i.e. not-for-profit).

d.   Provide written acknowledgement of receipt of the asset.

e.   Acknowledge that the Shire will not be responsible for any repair or maintenance of the asset.

f.    Acknowledge that all copyright or licensed content has been removed (eg. computer software).

g.   Take responsibility for the timely removal of the asset and any associated costs that arise from the asset's removal.

h.   Where the donation is seen as appropriate but there is a potential claim of bias, the matter should be referred to the Chief Executive Officer.

i.    The charity/community group must remove the asset themselves and at no cost to the Shire.

Writing off the Value of the Goods (Recycling or Destruction)

The value of an item may be written off and the item removed to the Waste Management Facility, recycled or destroyed if it is deemed:

a.   to have no value;

b.   to be unserviceable or beyond economical repair; or

c.  that the disposal cost is higher than the likely return.

 

Notifying Disposal of Assets

Following the disposal of an asset of an apparent value of $5000 or more, it is the responsibility of the relevant Director, or their delegate, to notify:

a.   The Asset and Building Coordinator of the disposal to ensure the Asset Register is updated; and

b.   The Manager Governance to determine any impact on the Shire’s Council's insurance policies.

 

Buyers Risk

Irrespective of the disposal method applied, all prospective owners must be advised in writing that items are disposed of, with any faults, at the buyer's risk ('as is where is').

Buyers are to rely on their own investigations regarding the condition and workability of the items for their particular purpose and the Shire will not be responsible for any repairs or maintenance of the Asset.

 

Documentation and Declarations

The relevant Director or their delegate is to ensure:

a.   The disposal methodology is fully documented, and all documentation is filed under the appropriate disposal file in Records.

b.   Any conflict of interest issues, perceived or otherwise, in relation to the chosen means of disposal or with the officers involved in the disposal process is declared and registered.

c.   The CEO will consider the conflict of interest declaration, assess the risk and provide formal notification of a decision on a case by case basis.

 

Evaluation Process

This Policy is reviewed when any of the following occur:

a.   The related information is amended or replaced.

b.   Other circumstances as determined from time to time by the CEO.

c.   Notwithstanding the above, this Policy is to be reviewed at intervals of no more than two years.

 

 


 

Attachment 2

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


MinutesOrdinary Meeting of Council 14 December 2017                                                                 Page 1358 of 1643

 

 

 

9.4.6      INTEGRATED PLANNING AND REPORTING FRAMEWORK - CORPORATE BUSINESS PLAN REVIEW

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           ADM20

AUTHOR:                                                   Manager Governance

CONTRIBUTOR/S:                                    Manager Financial Services

RESPONSIBLE OFFICER:                           Director Corporate Services

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    28 November 2017

 

SUMMARY:         Council is requested to consider the adoption of the Shire of Broome’s Corporate Business Plan 2018-2022.

It is recommended that Council resolve to adopt the Corporate Business Plan 2018-2022 and give local public notice that the Plan has been adopted.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 7 September 2004              Item 9.1.3

OMC 30 November 2004             Item 9.1.5

OMC15 February 2007                  Item 9.1.2

OMC 5 July 2007                            Item 9.1.2

OMC 17 February 2011                Item 9.1.2

OMC 7 July 2011                            Item 9.2.1

SMC 27 June 2013                         Item 9.1.1

OMC 17 October 2013                 Item 9.4.4

SMC 17 February 2016                  Item 6.4.1

OMC 30 June 2016                        Item 9.4.7

OMC 15 December 2016            Item 9.4.6

 

All Local Governments in Western Australia are required to develop a Plan for the Future as prescribed under Section 5.56(1) of the Local Government Act 1995.  In 2011, amendments were made to the Local Government (Administration) Regulations 1996, specifically the inclusion of regulation 19BA, which in summary, states that a Plan for the Future is to incorporate a Strategic Community Plan (SCP) and a Corporate Business Plan (CBP). 

 

The CBP is responsible for translating the strategic direction of the Shire, articulated within the SCP, into specific priorities and actions at an operational level.  The CBP also draws together actions contained within the Long Term Financial Plan (LTFP), Capital Works Programs Asset Management Plans and various informing strategies.  It provides a 4-year snapshot of operational actions and priorities to inform the annual planning and budgeting process.  The CBP is required to be reviewed annually in line with the budget process to ensure priorities are achievable and effectively timed.  As part of this review, consideration has been given to the Long Term Financial Plan.

 

A full review of both the SCP and CBP was undertaken in 2016/17 and the documents were adopted by Council at the Ordinary Meeting of Council held 15 December 2016.  A desktop review of both documents will occur in the 2018/19 financial year.

 

COMMENT

 

A workshop was held with Councillors on Tuesday 28 November 2017 which was attended by Councillors Tracey, Male, Fryer, Marriott, Matsumoto, Mitchell and Rudeforth.   As well as reviewing the CBP attending Councillors were provided an overview of the updated LTFP and decided on capital projects to be undertaken over the four-year period.

 

New Actions within the Draft Corporate Business Plan 2018-2022 (Draft CBP) have been identified in red. Amendments to the Draft CBP, including amendments to Action wording and operating and capital expenditure allocations have been struck through with revised wording and/or expenditure identified in red.

 

New Draft Corporate Business Plan 2018-2022 Actions

New Actions have been incorporated within the Draft CBP to provide outcomes in line with Council’s strategic objectives. Council has included one new Action in the Draft CBP:

 

3.2.1.5        Investigate development opportunities and develop business case for McMahon Oval

 

$50,000 has been allocated in 2018/19 to undertake operational activities supporting this new Action.

 

Completed Draft CBP Actions

The Draft CBP has been updated to indicate the following Actions which have either been completed or are on track for completion in the 2017/18 Financial Year.

 

1.2.1.1        Review the Sport and Recreation Plan

1.2.1.7        Develop a Master Plan for the youth precinct at the Broome Recreation Aquatic Centre (BRAC)

1.2.4.1        Facilitate the development of a Community & Sporting Storage Shed

1.4.3.1        Lobby for and seek funding for Jetty to Jetty Revetment Project

1.4.3.2        Construct Jetty to Jetty Revetment Project

1.5.3.3        Construct a Broome Volunteer Bushfire Brigade Station

1.5.3.4        Implement improved bushfire mitigation processes

3.2.1.1        Renew KRO in accordance with Business case

3.2.1.3        Review the Local Commercial Strategy

4.1.2.2        Review the Internal Communications Plan

4.4.2.1        Organisational Development Plan to be developed

 

Amended Draft CBP Capital Projects

Significant Shire capital projects identified as priorities over the next four years have been listed below. It should be noted that a number of these projects include significant funding leveraged through grants or contributions.

 

1.   Closure of the existing Waste Facility and construction of New Waste Management Facility (Regional Resource Recovery Park)

2.   Town Beach Masterplan:

a)  Town Beach Jetty

b)  Catalinas Parking and Ablutions

c)  Town Beach Greenspace, Waterpark, Amphitheatre and Amenities

d)  Robinson Street Parking and Water Park Slow Zone.

3.   Stage 2 of the Chinatown Revitalisation Project.

4.   Capital Road Upgrades:

a)  McDaniel Road

b)  Hunter Street

c)  Hamersley Street Extension and Roundabout

d)  Port Drive and Guy Street Intersection.

5.   BRAC Nipper Roe Lighting.

6.   Cable Beach Foreshore Upgrades.

7.   Covered Outdoor Courts.

8.   Jetty to Jetty Footpath.

9.   BRAC 1 Youth Precinct.

10. Broome Trails – Bay to Banu, Cable Beach to Chinatown.

11. Surf Club Upgrades.

12. BRAC Indoor Courts.

13. Safe Boat Harbour.

14. Asset Renewal Expenditure towards Transport, Building, Information and Communications Technology (ICT), Drainage, Footpaths, Carparks and other infrastructure.

 

Amended Draft CBP Operating Expenditure

A number of operational actions have also been defined within the Draft CBP as requiring additional operating expenditure.  These are actions which cannot be achieved through the Shire’s current human resource capacity and require a Council contribution sourced from operating revenue or external funding.

 

The CBP is used to inform the annual budget process, but it must be noted that budget allocations are only formally endorsed through the adoption of the annual budget.

 

The LTFP has been reviewed with consideration for the revised CBP. The LTFP has been balanced with the intent to reduce the reliance on Reserve Funding, to fund in the first instance, the Shire’s Capital Renewal program. Funding of renewal expenditure through Municipal Funds provides for long term financial viability. In order to balance the LTFP, and ensure financial sustainability into the future, an annual rate increase of 2.0% per annum has been incorporated.

 

CONSULTATION

 

Nil

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

 

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.

             [Section 5.56 inserted by No. 49 of 2004 s. 42(6).]

 

Local Government (Administration) Regulations 1996

 

19BA.   Terms used

             In this Part —

             corporate business plan means a plan made under regulation 19DA that, together              with a strategic community plan, forms a plan for the future of a district made in              accordance with section 5.56;

             strategic community plan means a plan made under regulation 19C that, together              with a corporate business plan, forms a plan for the future of a district made in              accordance with section 5.56.

             [Regulation 19BA inserted in Gazette 26 Aug 2011 p. 3482-3.]

19DA.         Corporate business plans, requirements for (Act s. 5.56)

      (1)     A local government is to ensure that a corporate business plan is made for its district in accordance with this regulation in respect of each financial year after the financial year ending 30 June 2013.

      (2)     A corporate business plan for a district is to cover the period specified in the plan, which is to be at least 4 financial years.

      (3)     A corporate business plan for a district is to —

               (a)    set out, consistently with any relevant priorities set out in the strategic community plan for the district, a local government’s priorities for dealing with the objectives and aspirations of the community in the district; and

               (b)    govern a local government’s internal business planning by expressing a local government’s priorities by reference to operations that are within the capacity of the local government’s resources; and

               (c)    develop and integrate matters relating to resources, including asset management, workforce planning and long‑term financial planning.

      (4)     A local government is to review the current corporate business plan for its district every year.

      (5)     A local government may modify a corporate business plan, including extending the period the plan is made in respect of and modifying the plan if required because of modification of the local government’s strategic community plan.

      (6)     A council is to consider a corporate business plan, or modifications of such a plan, submitted to it and is to determine* whether or not to adopt the plan or the modifications.

*Absolute majority required.

      (7)     If a corporate business plan is, or modifications of a corporate business plan are, adopted by the council, the plan or modified plan applies to the district for the period specified in the plan.

               [Regulation 19DA inserted in Gazette 26 Aug 2011 p. 3484-5.]

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

The Draft CBP is designed to deliver on the Outcomes and Strategies identified in the SCP, and has been reviewed to inform the 2018/19 budget process and to take into consideration the LTFP. 

 

The adoption of the Corporate Business Plan 2018-2022 will be advertised in the Broome Advertiser for an estimated cost of $350.00.

 

RISK

 

Regulation 19DA of the Local Government (Administration) Regulations 1996 requires a local government to review its current corporate business plan every year.

 

The risk is Extreme if this review is not undertaken as it results in non-compliance with the legislative requirements.

 

STRATEGIC IMPLICATIONS  

 

Adoption of the Corporate Business Plan 2018-2022 maintains consistency with the Shire’s current Strategic Goals, Outcomes and Strategies as contained within the Strategic Community Plan 2017-2027.

 

The Corporate Business Plan is designed to deliver on the priorities documented in the Strategic Community Plan.

 

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

 

Effective communication

 

Affordable services and initiatives to satisfy community needs

 

Accessible and safe community spaces

 

Participation in recreational and leisure activities for Broome and the North West

 

A healthy and safe environment

 

Our Place Goal – Help to protect the natural and built environment and cultural heritage of Broome:

 

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 tropical climate design principles and the Broome vernacular

 

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

 

A preserved, historical and cultural heritage of Broome

 

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

 

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

Our Prosperity Goal – Create the means to enable economic diversity, growth 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

 

Improved systems, processes and compliance

 

VOTING REQUIREMENTS

Absolute Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Marriott                                               Seconded: Cr C Mitchell

That Council:

1.       Adopts the Shire of Broome Corporate Business Plan 2018-2022 as contained within Attachment 1, and supports the implementation of the adjusted document.

2.       Provides Local Public Notice of the adoption of the reviewed plan.

3.       Notes that the Shire of Broome Long Term Financial Plan will be reconciled with the Shire of Broome Corporate Business Plan 2018-2022 for presentation to Council during the 2018/2019 budget process.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 6/0

 

Attachments

1.

Draft Corporate Business Plan 2018-2022

  


Item 9.4.6 – INTEGRATED PLANNING AND REPORTING FRAMEWORK – CORPORATE BUSINESS PLAN REVIEW

 

 

 


Contents

Planning Framework. 4

Informing Strategies. 5

Forecast Statement of Funding. 6

Additional Operating Expenditure. 7

Capital Program.. 9

Service Delivery  10

Social Objective. 12

Environment Objective. 17

Economic Objective. 21

Civic Leadership Objective. 25

Measuring Success. 29

 


Planning Framework

This Minutes of Ordinary Meeting - 14 December 2017, together with the Strategic Community Plan 2017-2027, is the Broome’s Plan for the Future and has been prepared to achieve compliance with the Local Government (Administration) Regulations 1996.

Under Local Government (Administration) Regulations 1996 Regulation 19DA (3), a Corporate Business Plan for a district is to:

a)            set out, consistently with any relevant priorities set out in the strategic community plan for the district, a local government’s priorities for dealing with the objectives and aspirations of the community in the district; and

b)           govern a local government’s internal business planning by expressing a local government’s priorities by reference to operations that are within the capacity of the local government’s resources; and

c)            develop and integrate matters relating to resources, including asset management, workforce planning and long-term financial planning.

In the preparation of the annual budget the local government is to have regard to the contents of the Plan for the Future in terms of Section 6.2(2) of the Local Government Act 1995.

Development of the Plan has also been influenced by the Department of Local Government and Communities Framework and Guidelines for Integrated Planning and Reporting.

Strategic Community Plan

The Broome community had a strong involvement and voice in the development of the Strategic Community Plan. Commencing in August 2016, the community were invited to share their visions and aspirations for the future of Broome, and the Plan has subsequently been reviewed and updated to reflect the community aspirations.

The community shared what they considered most special and what they love about Broome and their vision for the future. It is evident they value their natural environment, in particular their beautiful beaches and coastline, fresh air and clear turquoise waters. The strong sense of community, lifestyle and the multicultural community are highly regarded. The history, identity and culture is special to Broome, with a living indigenous culture, traditions and the connection to country.

The most commonly identified issues included:

·    concerning level of anti-social behaviour, in particular in relation to drug and alcohol abuse;

·    protecting the natural environment;

·    retention of youth and families;

·    cost of living and accessibility (particularly air transport); and

·    economic stability.

This information provided a valuable insight into the key issues and aspirations, as perceived by the local community. Importantly for the Council, these views have established clear priorities, and subsequently shaped the visions, values, objectives and strategies documented in the Strategic Community Plan 2017 - 2027.


 

Planning Framework (continued)

Corporate Business Plan

Achieving the community’s vision and Shire’s strategic objectives requires development of actions to address each strategy contained within the Strategic Community Plan. Careful operational planning and prioritisation is required due to limited resources. This planning process is formalised in this Corporate Business Plan. The Corporate Business Plan puts the Strategic Community Plan into action via the Annual Budget.

The Minutes of Ordinary Meeting - 14 December 2017 is reviewed annually to assess the progress of projects and realign actions and priorities with current information and available funding.

Actions requiring funding will only be undertaken once approved within the statutory budget and subject to funding availability. Along with achieving the community aspirations and objectives the Corporate Business Plan draws upon information from the following strategic documents.

Informing Strategies

Asset Management Plan

The Shire has developed Asset Management Plans for major asset classes in accordance with Council’s Asset Management Policy. The Asset Management Plans form a component of an overall Asset Management Strategy which addresses the Shire’s current processes and sets out the steps required to continuously improve the management of Shire controlled assets.

Capital renewal estimates contained within the Asset Management Plans have been included to the extent the financial and workforce resources are available to enable the renewals to occur.

Workforce Plan

The Workforce Plan provides the workforce management and resource strategies necessary to deliver the objectives, outcomes and strategies of the Shire’s Strategic Community Plan.

Workforce issues have been considered during the development of this Corporate Business Plan and the financial impacts of the Workforce Plan captured within the Long Term Financial Plan. A combination of workforce and financial constraints has influenced the prioritisation of actions within this Plan.

Long Term Financial Plan

The Broome is planning for a positive and sustainable future. The Shire seeks to maintain, and where possible, improve service levels into the future while maintaining a healthy financial position.

During the development of this Corporate Business Plan, the Long Term Financial Plan was updated to confirm the financial capability to undertake the planned actions and ensure integration with this Plan. The results of this update are reflected within the Forecast Statement of Funding included within this document.

Review of Plan

In accordance with statutory requirements the Corporate Business Plan is reviewed and updated annually. The review of this Plan occurred following a major review of the Strategic Community Plan in 2016.


Forecast Statement of Funding

The following Forecast Statement of Funding (operations) is extracted from the Long Term Financial Plan to provide an indication of the net funding available from operational activities. The forecast statement should be read in conjunction with the full Long Term Financial Plan and its underlying assumptions and predictions.

2018-19

2019-20

2020-21

2021-22

 $

 $

 $

 $

FUNDING FROM OPERATIONAL ACTIVITIES

Revenues

Rates

 22,402,915

 22,850,973

 23,307,992

 23,774,152

Operating grants, subsidies and contributions

 3,263,542

 3,327,913

 3,393,571

 3,415,542

Fees and charges

 11,051,677

 11,272,705

 11,498,158

 11,755,118

Interest earnings

 921,925

 778,217

 591,522

 655,268

Other revenue

 841,031

 857,849

 875,000

 892,498

 38,481,090

 39,087,657

 39,666,243

 40,492,578

Expenses

Employee costs

( 16,331,247)

( 16,657,867)

( 16,991,041)

( 17,330,864)

Materials and contracts

( 9,048,938)

( 8,764,811)

( 8,792,132)

( 9,045,360)

Utility charges (electricity, gas, water etc.)

( 2,096,722)

( 2,138,654)

( 2,181,424)

( 2,225,050)

Depreciation on non-current assets

( 16,687,195)

( 17,364,317)

( 17,557,880)

( 27,600,266)

Interest expense

( 149,997)

( 161,208)

( 128,206)

( 188,884)

Insurance expense

( 643,801)

( 656,676)

( 669,809)

( 683,205)

Other expenditure

( 2,562,981)

( 2,614,239)

( 2,666,521)

( 2,719,846)

( 47,520,881)

( 48,357,772)

( 48,987,013)

( 59,793,475)

( 9,039,791)

( 9,270,115)

( 9,320,770)

( 19,300,897)

Funding Position Adjustments

Depreciation on non-current assets

 16,687,195

 17,364,317

 17,557,880

 27,600,266

Net Funding From Operational Activities

 7,647,404

 8,094,202

 8,237,110

 8,299,369

106%

102%

101%

FUNDING FROM CAPITAL ACTIVITIES

Inflows

Non-operating grants, subsidies and contributions

 7,663,800

 4,655,000

 5,281,530

 126,785,000

Outflows

Purchase of property plant and equipment

( 1,692,367)

( 4,323,367)

( 1,850,947)

( 1,619,367)

Purchase of infrastructure

( 19,802,286)

( 15,098,761)

( 9,790,110)

( 129,266,761)

Net Funding From Capital Activities

( 13,830,853)

( 14,767,128)

( 6,359,527)

( 4,101,128)

( 21,494,653)

( 19,422,128)

( 11,641,057)

( 130,886,128)

FUNDING FROM FINANCING ACTIVITIES

Inflows

Transfer from reserves

 8,850,164

 10,611,286

 640,970

 224,390

New borrowings

 1,200,000

 0

 1,500,000

 0

Outflows

Transfer to reserves

( 3,101,774)

( 3,143,514)

( 3,190,705)

( 3,523,475)

Repayment of past borrowings

( 764,941)

( 794,846)

( 827,848)

( 899,156)

Net Funding From Financing Activities

 6,183,449

 6,672,926

( 1,877,583)

( 4,198,241)

Estimated Surplus/Deficit July 1 B/Fwd

 0

 0

 0

 0

Estimated Surplus/Deficit June 30 C/Fwd

 0

 0

 0

 0

 


 

Additional Operating Expenditure

A number of actions additional to current activities are forecast to be undertaken during the life of the plan which will result in additional operating expenditure. These are presented in the table below in the highlighted columns as additional expense, with Council’s contribution sourced from operating revenues presented as ‘Shire Funding’.

 

 

2018-19

2019-20

2020-21

2021-22

Actions

Shire Funding

$

Additional

Expense

$

Shire Funding

$

Additional

Expense

$

Shire Funding

$

Additional

Expense

$

Shire Funding

$

Additional

Expense

$

1.1.2.1

Facilitate biennial community surveys

 

 

50,000

50,000

 

 

50,000

50,000

1.2.1.3

Develop the Arts and Culture Plan

30,000

30,000

 

 

 

 

 

 

1.2.1.5

Implement the Youth Framework

15,000

30,000

15,000

30,000

15,000

30,000

15,000

30,000

1.3.1.2

Investigate solutions the location for issues associated with itinerant persons in Broome accommodation

50,000

50,000

 

 

 

 

 

 

1.4.2.1

Improvements to the Civic Centre to maximise utilisation and income

60,000

80,000

 

 

 

 

 

 

1.5.1.2

Implement Community Safety Plan in partnership with relevant organisations subject to funding

15,000

30,000

15,000

30,000

15,000

30,000

15,000

30,000

1.5.2.1

Work with agencies to update current Emergency Management Arrangements and Recovery Plan

 

 

20,000

20,000

 

 

 

1.5.3.1

Develop a Public Health Plan

 

 

65,000

65,000

65,000

65,000

 

2.1.1.1

Review the Local Planning Strategy, Local Planning Scheme No. 6 and relevant informing documents

35,000
50,000

35,000
50,000

125,000

25,000

125,000
25,000

 

 

 

 

2.1.1.4

Implement the Cable Beach Development Strategy within resource capabilities

120,000

120,000

50,000

50,000

 

 

 

 

2.1.1.5

Implement and review a community and hard infrastructure Development Contribution Plan

15,000

15,000

15,000

15,000

 

 

 

 

2.2.1.1

In consultation with the community, review and update the Municipal Heritage Inventory

50,000

50,000

 

 

 

 

 

 

2.5.1.1

Undertake feasibility study on Sanctuary Road Caravan Park development

100,000

100,000

 

 

 

 

 

 


 

Additional Operating Expenditure (Continued)

 

 

2018-19

2019-20

2020-21

2021-22

Actions

Shire Funding

$

Additional

Expense

$

Shire Funding

$

Additional

Expense

$

Shire Funding

$

Additional

Expense

$

Shire Funding

$

Additional

Expense

$

2.5.1.3

Implement strategies of an Events Attraction Strategic Development Plan within resource capacity

50,000

50,000 70,000

20,000 50,000

20,000 70,000

 

 

 

 

2.5.1.4

Work with tourism operators to regularise tourism activities on the Dampier Peninsula within current statutory frameworks

160,000

160,000

 

160,000

 

 

 

 

3.2.1.5

Investigate development opportunities and develop business case for McMahon Oval

50,000

50,000

 

 

 

 

 

 

4.3.2.3

Review Strategic Community Plan and Corporate Business Plan

30,000

30,000

 

55,000

55,000

 

Grand Total

550,000
605,000

595,000
835,000

340,000
305,000

385,000
515,000

100,000
150,000

145,000
180,000

80,000

110,000


Capital Program

A number of additional actions are forecast to be undertaken during the life of the Plan which result in additional capital expenditure. The additional activities are summarised below along with an indication of the forecast capital expenditure extracted from the Long Term Financial Plan.

 

Additional Capital Expenditure

Actions

2018-19

$

2019-20

$

2020-21

$

2021-22

$

Buildings

 

 

 

 

Admin Building Renewal

100,000
90,000

100,000
90,000

100,000
90,000


90,000

Building Renewal

200,000
372,367

150,000
372,367

80,000
372,367


372,367

BRAC Upgrade - 2 outdoor courts & court cover

1,940,000

1,192,301

Drainage

 

 

 

 

Drainage per Transport AMP

0
23,951

803,000
653,000

150,000

 

Footpaths

 

 

 

 

Pathways per Transport AMP

415,000
1,491,802

300,000
576,802

250,000
576,802


636,802

Broome Trails – Bay to Banu, and Cable Beach to Chinatown via Roebuck and Broome North

 

 

 

100,000

Furniture and Equipment

 

 

 

 

ICT Hardware and Software Renewals

404,000

436,000

350,000

357,000

Other Infrastructure and Landfill

 

 

 

 

Itinerant Camping

200,000

Bin Replacement

175,133
50,000

180,387
50,000

185,875
50,000

50,000

BRAC 1 Youth Precinct

100,000
256,000     

625,000

 

 

BRAC Indoor Courts

 

 

400,000

 

BRAC Nipper Roe Lighting

 

1,178,704

1,178,704

 

Bus Facilities per Transport AMP

9.500
62,476

10,000
62,476

10,000
62,476


62,476

Buckley’s Road Waste Facility Capping, & Other Rehabilitation Works

70,900

1,951,000

185,875

 

Cable Beach Foreshore Upgrades

 

 

 

1,000,000

Chinatown Revitalisation Stage 2

 

 

3,000,000

 

New Waste Facility Construction Costs

7,151,367

7,802,390

352,390

174,390

Safe Boat Harbour

 

 

 

125,000,000

Street Lights per Transport AMP

372,878

372,878

372,878

372,878

Surf Club Upgrades

242,011

 

 

 

Town Beach Jetty

3,626,096

 

Town Beach Catalinas Parking and Ablutions

642,000

Town Beach Stage 2 – Greenspace and Waterplay

2,863,704

 

 

 

Town Beach Stage 3 – Robinson Street Parking and Water Park Slow Zone

 

710,000

 

 

Parks and Ovals

 

 

 

 

Parks and Gardens Works per AMP

190,000
335,137

251,000
335,137

184,000
335,137

335,137

Plant and Equipment

 

 

 

 

Plant Replacement

805,000
805,000

950,000
1,250,000

1,315,580
1,015,580

800,000

Plant Replacement Program - Waste Facility

21,000

235,000

23,000

Roads

 

 

 

 

Roads per Transport AMP

2,933,505
2,579,548

2,743,620
1,925,662

2,772,635
2,060,662

1,500,662

Upgrade intersection of Port Drive/Guy Street

959,645

Carparks

 

 

 

 

Carparks per Transport AMP

125,000
34,416

25,000
34,416

432,000
441,416

34,416

Grand Total

16,726,501
21,494,653

17,316,101
19,422,128

9,377,225
11,641,057

130,886,128




 

Service Delivery

The Shire of Broome delivers services to its community in line with four key themes, associated objectives, mission and values set out within the Strategic Community Plan.

Each of the four objectives has a number of outcomes Council is aiming to achieve over the 10+ years of the Strategic Community Plan. For each objective one or more desired outcome has been defined along with strategies to achieve the objective within the Strategic Community Plan.

The tables on the following pages detail future actions to be undertaken for each strategy to deliver services to the community. Prioritisation of the actions is reflected by the square indicating when the action is planned to be undertaken. This prioritisation guides the delivery of services, as part of the implementation of the actions.

Key Strategic Themes and Objectives

Mission

To deliver affordable and quality Local Government services.

Values

Communication: Actively consult, engage and communicate with, and on behalf of the community.

Integrity: Be honest, equitable and ethical in all our dealings.

Respect: Recognise and respect the individual and unique requirements of all people, cultures and groups.

Innovation: Drive change through leadership and energy.

Transparency: Be open and accountable in all our activities.

Courtesy: Provide courteous service and helpful solutions.

 



Social Objective

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

 

The following tables reflect the future actions to be undertaken for each strategy. The prioritisation of the actions is reflected by a square indicating when the action is planned to be undertaken.

 

Outcome 1.1            Effective communication

Strategy

Action No.

Actions

2018-19

2019-20

2020-21

2022-22

2022 Onwards

Enable the community to have direct input into future development

1.1.1.1

Utilise print, radio, electronic and social media instruments to actively encourage community participation and input into the decision-making processes of the Shire of Broome

n

n

n

n

è

1.1.1.2

Identify partnerships, consult and collaborate with relevant stakeholders and network groups

n

n

n

n

è

Encourage interaction and input to the Council

1.1.2.1

Facilitate biennial community surveys

 

n

 

n

è

1.1.2.2

Utilise current and emerging technologies to facilitate communication with the community

n

n

n

n

è

1.1.2.3

Implement the Community Engagement Framework

n

n

n

n

è

Maintain the Community Sponsorship Program

1.1.3.1

Continue to promote and encourage participation in the community Shire Sponsorship Pprograms

n

n

n

n

è


 

 

Social Objective

(continued)

 

Outcome 1.2            Affordable services and initiatives to satisfy community needs

Strategy

Action No.

Actions

2018-19

2019-20

2020-21

2021-22

2022 Onwards

 

Continue to implement and maintain Community Plans including Sport and Recreation Plan, Arts and Culture Plan, and Youth Strategy within available resources

1.2.1.1

Review the Sport and Recreation Plan

2017-18 Action

 

1.2.1.2

Implement the Sport and Recreation Plan

n

n

n

n

è

 

1.2.1.3

Develop the Arts and Culture Plan

n

 

 

 

 

 

1.2.1.4

Implement the Arts and Culture Plan

 

n

n

n

è

 

1.2.1.5

Implement the Youth Framework

n

n

n

n

è

 

1.2.1.6

Facilitate community development initiatives

n

n

n

n

è

 

1.2.1.7

Develop a Master Plan for the youth precinct at the Broome Recreation Aquatic Centre (BRAC)

2017-18 Action

 

1.2.1.8

Construct youth precinct including BMX mountain bike facility 

n

n

 

 

 

 

1.2.1.9

Install BRAC Nipper Roe Lighting

 

 

n

 

 

 

1.2.1.10

Review Community Safety Plan

n

 

 

 

 

 

1.2.1.11

Implement the Broome Recreation Trails Masterplan

n

n

n

n

è

 

Investigate opportunities to outsource or partnership the management of community facilities

1.2.2.1

Monitor opportunities to outsource or partnership the management of community facilities

n

n

n

n

è

 

Advocate for the development of aged care facilities and services

1.2.3.1

Advocate for the development of aged care facilities and services

n

n

n

n

è

 

Create and maintain community spaces and infrastructure including public art, historical and cultural interpretation

1.2.4.1

Facilitate the development of a Community & Sporting Storage Shed

2017-18 Action

 

1.2.4.2

Conduct a future needs analysis for library services in Broome

n

 

 

 

 

 

1.2.4.3

Implement outcomes of needs analysis for library services in Broome

 

n

n

n

è

 

1.2.4.4

Implement programming to respond to community need and ensure maximum participation and usage

n

n

n

n

è

 

1.2.4.5

Conduct the role of regional librarian across the Kimberley region

n

n

n

n

è

 

Continue to improve universal access and inclusion to Shire assets 

1.2.5.1

Review of the Disability Access and Inclusion Plan

n

n

n

n

è

 

1.2.5.2

Continue the Implementation of the Disability Access and Inclusion Plan within resource capabilities

n

n

n

n

è

 

 

Social Objective

(continued)

 

Outcome 1.3            Accessible and safe community spaces

Strategy

Action No.

Actions

2018-19

2019-20

2020-21

2021-22

2022 Onwards

Advocate for safe accommodation for transient populations

1.3.1.1

Lobby for Communities to remain on Country

n

n

n

n

è

1.3.1.2

Investigate solutions the location for issues associated with itinerant persons in Broome accommodation

n

 

 

 

 

1.3.1.3

Lobby for funding and potential partnership in response to identified solutions for itinerant accommodation

 

n

 

 

 

 

Outcome 1.4            Participation in recreational and leisure activities for Broome and the North West region

Strategy

Action No.

Actions

2018-19

2019-20

2020-21

2021-22

2022 Onwards

Ensure sport and recreation facilities maximise participation within available resources

1.4.1.1

Lobby Water Corporation for continued use of treated effluent for irrigation purposes

n

n

n

n

è

1.4.1.2

Oversee the contract to provide beach lifeguard services

n

n

n

n

è

Maximise usage of community facilities whilst reducing the financial obligation on the Shire

1.4.2.1

Improvements to the Civic Centre to maximise utilisation and income

n

 

 

 

 

1.4.2.2

Identify and implement operational efficiencies and process improvements at the Civic Centre

n

n

n

n

è

Implement the Jetty to Jetty Project in accordance with the endorsed business case

1.4.3.1

Lobby for and seek funding for Jetty to Jetty Revetment Project

2017-18 Action

1.4.3.2

Construct Jetty to Jetty Revetment Project

2017-18 Action

1.4.3.3

Construct Town Beach Jetty

n

 

 

 

 

 

1.4.3.4

Construct Jetty to Jetty Footpath from Town Beach to Hamersley and Carnarvon Street

n

 

 

 

 

Advocate for and promote regional sporting events and competitions

1.4.4.1

Advocate for and promote regional sporting events and competitions

n

n

n

n

è


 

 

Social Objective

(continued)

 

Outcome 1.5            A healthy and safe environment

Strategy

Action No.

Actions

2018-19

2019-20

2020-21

2021-22

2022 Onwards

Maximise community safety through safe urban design

1.5.1.1

Work with the State government to implement facilitate an the Broome Urban Renewal program  strategy for Old Broome

n

n

n

n

è

1.5.1.2

Implement a Community Safety Plan in partnership with relevant organisations subject to funding

n

n

n

n

è

1.5.1.3

Review legislative and policy framework for Local Planning

n

n

n

n

è

Continue to work with agencies to review, update and implement current Emergency Management Arrangements and Recovery Plan

1.5.2.1

Work with agencies to update current Emergency Management Arrangements and Recovery Plan

 

n

 

 

 

Ensure public health and safety through the provision of regulatory services

1.5.3.1

Develop a Public Health Plan

n

n

n

 

 

1.5.3.2

Implement the Public Health Act 2016

n

n

n

n

è

1.5.3.3

Construct a Broome Volunteer Bushfire Brigade Station

2017-18 Action

1.5.3.4

Implement improved bushfire mitigation processes

2017-18 Action

 



Environment Objective

Our Place Goal: Help to protect the natural and built environment and cultural heritage of Broome

 

The following tables reflect the future actions to be undertaken for each strategy. The prioritisation of the actions is reflected by a square indicating when the action is planned to be undertaken.

 

Outcome 2.1            Realistic and sustainable land use strategies for the Shire within the state and national                          frameworks and in consultation with the community

Strategy

Action No.

Actions

2018-19

2019-20

2020-21

2021-22

2022 Onwards

Implement and review land use planning statutory and strategic documents

2.1.1.1

Review the Local Planning Strategy, Local Planning Scheme No 6 and relevant informing documents

n

n

 

 

 

2.1.1.2

Implement the Chinatown Development Strategy within resource capabilities

n

n

n

n

è

2.1.1.3

Implement the Old Broome Development Strategy within resource capabilities

n

n

n

n

è

2.1.1.4

Implement the Cable Beach Development Strategy within resource capabilities

n

n

n

n

è

2.1.1.5

Implement and review a community and hard infrastructure Development Contribution Plan

n

n

n

n

è

Actively participate with State Government to maximise local involvement in legislation and policy review, and town planning decisions 

2.1.2.1

Provide input where requested into Layout Plans for Aboriginal communities

n

n

n

n

è

 

Outcome 2.2            A built environment that reflects tropical climate design principles and the Broome                                 vernacular

Strategy

Action No.

Actions

2018-19

2019-20

2020-21

2021-22

2022 Onwards

Encourage sustainable building design and construction that reflects the Broome vernacular

2.2.1.1

In consultation with the community, review and update the Municipal Heritage Inventory

n

 

 

 

 

2.2.1.2

Prepare and adopt the Heritage List under Local Planning Scheme No 6

n

 

 

 

 

 


 

Environment Objective

(continued)

 

Outcome 2.3            A natural environment for the benefit and enjoyment of current and future generations

Strategy

Action No.

Actions

2018-19

2019-20

2020-21

2021-22

2022 Onwards

Consult with relevant authorities to manage the natural environment for the benefit and enjoyment of current and future generations

2.3.1.1

Participate with the lead agencies in the preparation of appropriate management plans where management orders or vesting’s lie with the Shire of Broome. Ensure alignment with Indigenous Land Use Agreement

n

n

n

n

è

Implement and review the Local Environmental Management Framework and incorporate into the Local Planning Framework within resource capabilities

2.3.2.1

Implement the Local Environmental Management Plan within resource capabilities

n

n

n

n

è

2.3.2.2

Implement the district stormwater management strategy for the town site of Broome

n

n

n

n

è

2.3.2.3

Implement and review as required the Broome Townsite Coastal Hazard Risk Management and Adaptation Plan (CHRMAP)

n

n

n

n

è

2.3.2.4

Support the development of a CHRMAP for the areas outside the Broome Townsite subject to a Coastal Vulnerability Study

n

 

 

 

 

 

Outcome 2.4            A preserved, historical and cultural heritage of Broome

Strategy

Action No.

Actions

2018-19

2019-20

2020-21

2021-22

2022 Onwards

Support the identification and preservation of the historical and cultural heritage of Broome

2.4.1.1

Support key organisations and actively participate in the identification of culturally significant items i.e. memorabilia, activities / events, sites etc.

n

n

n

n

è


 

Environment Objective

(continued)

Outcome 2.5            Retention and expansion of Broome’s iconic tourism assets and reputation

Strategy

Action No.

Actions

2018-19

2019-20

2020-21

2021-22

2022 Onwards

Engage with local, regional, state, national and international stakeholders to build a strong and resilient tourism sector

2.5.1.1

Undertake feasibility study on Sanctuary Road Caravan Park development

n

 

 

 

 

2.5.1.2

Facilitate Roebuck Bay Caravan Park Redevelopment

n

n

n

 

 

2.5.1.3

Implement strategies of an Events Attraction Strategic Development Plan within resource capacity

n

n

n

n

è

2.5.1.4

Work with tourism operators to facilitate economic development outcomes and regularise tourism activities on the Dampier Peninsula within current statutory frameworks

n

n

 

 

 

Promote the Shire of Broome as an attractive place to visit

2.5.2.1

Review and continue to implement the tourism administration policy

n

n

n

n

è

2.5.2.2

Support and facilitate community festivals and events

n

n

n

n

è

2.5.2.3

Undertake civic events for the Shire

n

n

n

n

è

 

Outcome 2.6            Core asset management to optimise the Shires’ infrastructure whilst minimising life cycle                          costs

Strategy

Action No.

Actions

2018-19

2019-20

2020-21

2021-22

2022 Onwards

Continue to review and improve asset management plans and systems to manage and maintain all classes of Shire assets

2.6.1.1

Continue to review and improve asset management plans

n

n

n

n

è

Deliver defined levels of service to maintain all assets in the most cost effective way

 

2.6.2.1

Manage Shire asset renewals, in accordance with asset management plans

n

n

n

n

è

2.6.2.2

Manage Shire asset maintenance and operations in accordance with asset management plans

n

n

n

n

è

2.6.2.3

Maintain relevant asset data to optimise the management of Shire assets

n

n

n

n

è

Implement asset management plans within financial capabilities

2.6.3.1

Manage Shire building asset renewals, in accordance with asset management plans

n

n

n

n

è

2.6.3.2

Manage Shire roads asset renewals appropriately, in accordance with asset management plans

n

n

n

n

è

2.6.3.3

Manage Shire drainage, footpaths, car parks, parks, ovals and other infrastructure by way of renewals, and upgrades in accordance with asset management plans

n

n

n

n

è

2.6.3.4

Manage the Shire’s plant replacement program

n

n

n

n

è


 

 


Pearl Harvest, pegging


Economic Objective

Our Prosperity Goal: Create the means to enable economic diversity, growth and lifestyle affordability for the current and future population

 

The following tables reflect the future actions to be undertaken for each strategy. The prioritisation of the actions is reflected by a square indicating when the action is planned to be undertaken.

 

Outcome 3.1            Affordable and equitable services and infrastructure

Strategy

Action No.

Actions

2018-19

2019-20

2020-21

2021-22

2022 Onwards

Ensure the construction of a Regional Resource Recovery Park and investigate associated business opportunities 

3.1.1.1

Implementation of the Buckley’s Road Landfill Closure Management Plan

n

n

n

n

 

3.1.1.2

Actively seek external funding to deliver waste management initiatives to reduce waste to landfill

n

n

n

n

è

3.1.1.3

Identify suitable site and obtain approval for a Regional Resource Recovery Park

n

n

 

 

 

3.1.1.4

Construct Regional Resource Recovery Park

n

n

n

n

è

3.1.1.5

Identify opportunities to improve liquid waste disposal in the region

n

n

 

 

 

Actively participate in regional collaboration and groupings

3.1.2.1

Ensure two-way communication between the Zone and Shire of Broome Council exists allowing local perspective and priorities to be considered by Zone and vice versa

n

n

n

n

è

3.1.2.2

Continue to support the employment of the Kimberley Zone Project Officer

n

n

n

n

è

3.1.2.3

Work with State Government agencies to enable co-ordinated provision of services

n

n

n

n

è

Support the development of safe boating facilities for Broome

 

3.1.3.1

Lobby State Government to facilitate development of boating facilities in response to economic growth, resources development and local community/recreational impact

n

n

n

n

è

3.1.3.2

Maintain strong and productive relationships with key stakeholders and assist with planning and development issues relating to recreational boating facilities

n

n

n

n

è

3.1.3.3

Improve and maintain existing boating facilities

n

n

n

n

è

Actively explore Public, Private and Cultural partnerships

3.1.4.1

Actively explore service delivery through Public, Private and Cultural partnerships

n

n

n

n

è


 

Economic Objective

(continued)

 

Outcome 3.1            Affordable and equitable services and infrastructure

Strategy

Action No.

Actions

2018-19

2019-20

2020-21

2021-22

2022 Onwards

Promote Broome as a regional centre for Education and Training

 

3.1.5.1

Liaise with Non-Government and Registered Training Organisation’s to encourage provision of pathways for education, training and employment (including traineeships, cadetships and apprenticeships and indigenous employment targets)

n

n

n

n

è

3.1.5.2

Working with industry bodies and tiers of Government, encourage business to establish in Broome

n

n

n

n

è

Support the relocation of Broome Heliport and General Aviation facility

3.1.6.1

Engage with agencies to progress the matter whilst ensuring robust research and future planning and modelling is undertaken

n

n

n

n

è

3.1.6.2

The Shire of Broome protects the land tenure for an alternative airport site

n

n

n

n

è

 

Outcome 3.2            Affordable land for residential, industrial, commercial and community use

Strategy

Action No.

Actions

2018-19

2019-20

2020-21

2021-22

2022 Onwards

Assess and facilitate solutions to commercial, residential, tourism and community redevelopment opportunities within the district

3.2.1.1

Renew KRO in accordance with Business case

2017-18 Action

3.2.1.2

Lobby the State Government to facilitate land tenure solutions including resolving native title

n

n

n

n

è

3.2.1.3

Review the Local Commercial Strategy

2017-18 Action

3.2.1.4

Investigate opportunities to secure key worker housing

n

n

n

n

è

3.2.1.5

Investigate development opportunities and develop business case for McMahon Oval

n

 

 

 

 

In response to local population growth data and planning, facilitate the redevelopment and release of land for residential development

3.2.2.1

Continue to lobby State Government to ensure that appropriate land is released in response to economic and population growth and demand

n

n

n

n

è

Promote Broome as a supply base for the Browse Basin

3.2.3.1

Liaise with stakeholders to promote Broome as a supply base for the Browse Basin

n

n

n

n

è

Promote the development of agricultural and aquaculture industries

3.2.4.1

Liaise with stakeholders to promote the development of agricultural and aquaculture industries

n

n

n

n

è

 

Economic Objective

(continued)

Outcome 3.3            Key economic development strategies for the Shire which are aligned to regional outcomes
                         working through recognised planning and development groups/ committees

Strategy

Action No.

Actions

2018-19

2019-20

2020-21

2021-22

2022 Onwards

In collaboration with stakeholders, continue to review, update and implement the Kimberley Regional Business Plan

3.3.1.1

Continue to integrate and support projects outlined in the Kimberley Zone Regional Business Plan and Community Plan with the Shire of Broome’s Strategic Community Plan

n

n

n

n

è

Advocate for local economic development in Aboriginal communities

3.3.2.1

Liaise with the relevant state and federal agencies Department of Prime Minister and Cabinet to identify what opportunities exist for micro economic development, growth in social capital, reduced financial hardship, employment opportunities, education, training and development pathways

n

n

n

n

è

Continue to implement economic development strategies for the Shire of Broome

3.3.3.1

Implement an economic development strategy Work with stakeholders and partners to implement a governance structure for the Broome Growth Plan

n

n

n

n

è

3.3.3.2

Participate in the governance structure for the Broome Growth Plan to facilitate the implementation of the Growth Plan

n

n

n

n

è

 

 


 


Civic Leadership Objective

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

The following tables reflect the future actions to be undertaken for each strategy. The prioritisation of the actions is reflected by a square indicating when the action is planned to be undertaken.

 

Outcome 4.1            An organisational culture that strives for service excellence

Strategy

Action No.

Actions

2018-19

2019-20

2020-21

2021-22

2022 Onwards

 

Ensure organisational resources and staff are aligned with Council’s vision and community expectation

4.1.1.1

Continuous monitoring and review of Workforce Plan, ensuring strategic alignment to Council's vision and Community expectation

n

n

n

n

è

 

4.1.1.2

Undertake organisation staff surveys every two years

 

n

 

n

è

 

Maintain appropriate and effective communication throughout the organisation which conforms to the Shire of Broome Code of Conduct and legislative requirements

4.1.2.1

Develop and maintain a professional relationship with Elected Members in relation to media coordination

n

n

n

n

è

 

4.1.2.2

Review the Internal Communications Plan

2017-18 Action

 

4.1.2.3

Implement the Internal Communications Plan

n

n

n

n

è

 

Ensure the Shire has a competent and effective workforce and a panel of skilled contractors

4.1.3.1

Develop, review and manage human resources policies, procedures and services

n

n

n

n

è

 

4.1.3.2

Review organisational training and development in line with annual budget

n

n

n

n

è

 

Provide a safe and harmonious work environment for all staff and elected representatives

4.1.4.1

Develop and implement a Work-Health and Safety System and promote a culture of health and wellbeing

n

 

 

 

 

 

Improve our customer service experience

4.1.5.1

Maintain and continuously improve our organisational customer service focus

n

n

n

n

è

 


 

Civic Leadership Objective

(continued)

 

Outcome 4.2            Sustainable and integrated strategic and operational plans

Strategy

Action No.

Actions

2018-19

2019-20

2020-21

2021-22

2022 Onwards

Undertake Council and staff information sharing in accordance with Shire of Broome Code of Conduct and legislative requirements

4.2.1.1

Continue to actively participate in groups and committees having a Local Government Industry direction

n

n

n

n

è

Ensure risk management is undertaken

4.2.2.1

Undertake risk management in accordance with risk Management Strategy/Framework

n

n

n

n

è

Utilise and prioritise technology where appropriate

4.2.3.1

Implement ICT Strategic Plan within resource capabilities

n

n

n

n

è

Promote a cohesive and productive workplace culture

4.2.4.1

Implement Workforce Plan

n

n

n

n

è

 

Outcome 4.3            Responsible resource allocation

Strategy

Action No.

Actions

2018-19

2019-20

2020-21

2021-22

2022 Onwards

Conduct financial planning and revenue identification

4.3.1.1

Ensure Long Term Financial Planning is undertaken in accordance with the Integrated Planning Framework review and budget timelines

n

n

n

n

è

4.3.1.2

Review Rating Strategies in line with budget timelines

n

 

 

 

 

4.3.2.1

Undertake a review of current and future capacity of the office accommodation requirements for staff

n

n

n

n

è

4.3.2.2

Timely and regular progress reporting on Integrated Planning

n

n

n

n

è

4.3.2.3

Review Strategic Community Plan (biennially) and Corporate Business Plan (annually)

n

n

n

n

è


 

 

Civic Leadership Objective

(continued)

 

Outcome 4.4            Improved systems, processes and compliance

Strategy

Action No.

Actions

2018-19

2019-20

2020-21

2021-22

2022 Onwards

Review current systems and delivery practices, including a review of the organisation’s service delivery model

4.4.1.1

Continually improve business systems and processes in line with organisational strategies

n

n

n

n

è

4.4.1.2

Develop and implement service delivery plans as appropriate

n

n

n

n

è

Provide proactive, up-to-date and regular training resources for compliance and quality work practices

4.4.2.1

Organisational Development Plan to be developed

2017-18 Action

4.4.2.2

Organisational Development Plan to be implemented

n

n

n

n

è

Ensure all governance and compliance requirements are adhered to

4.4.3.1

Review and improve business processes and controls

n

n

n

n

è

4.4.3.2

Maintain controls to ensure a high level of compliance throughout the organisation

n

n

n

n

è

 

 



Measuring Success

The aim of this Plan is to align the community’s visions and aspirations for the future of the Broome to the Shire’s objectives.  These objectives will be measured by both quantifiable and non-quantifiable outcomes.

As part of the formulation of this Plan, the community was asked to provide feedback on the level of importance and satisfaction with the services the Shire provides.

Key performance measures provide an indication of whether the Shire is meeting the objectives and will be monitored and reported. The measures for each objective are provided in the table below.

 

 

 

Objectives

Key Performance Measures

SOCIAL

Our People

Foster a community environment that is accessible, affordable, inclusive, healthy and safe

·    Social media activity

·    Community participation rates in recreation activities and events

·    Recreation Centre usage rates

ENVIRONMENT

Our Place

Help to protect the natural and built environment and cultural heritage of Broome

·    Statutory asset management ratios

·    Compliance with statutory reviews required of the Local Planning Framework

·    Compliance with statutory requirements for the review of the Municipal Heritage list

ECONOMIC

Our Prosperity

Create the means to enable economic diversity, growth and lifestyle affordability for the current and future population

·    Population statistics

·    No. of development approvals

·    Vacancy rates (business and residential)

·    No. of building approvals

CIVIC LEADERSHIP

Our Organisation

Continually enhance the Shire’s organisational capacity to service the needs of a growing community

·    Statutory financial ratios

·    Employee retention levels

·    Volunteer levels


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Adopted by Council ………………………………………………

 

 

 

For further details on the Strategic Community Plan or Corporate Business Plan please contact

Shire of Broome

Cnr Weld and Haas Street

PO Box 44

Broome WA  6725

P: 08 9191 3456

F: 08 9191 3455

E: shire@broome.wa.gov.au


MinutesOrdinary Meeting of Council 14 December 2017                                                                 Page 1397 of 1400

 

 

 

9.4.7      INFRASTRUCTURE ASSET MANAGEMENT PLAN

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           ADM35

AUTHOR:                                                   Manager Engineering

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Infrastructure

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    28 November 2017

 

SUMMARY: This report is for Council to consider and adopt the Infrastructure Asset Management Plan 2017 (AMP 2017).

 

 

BACKGROUND

 

Previous Considerations

 

OMC 19 March 2009                         Item 9.4.3

OMC 15 March 2012                         item 9.4.5

OMC 19 April 2012                             item 9.2.5

 

 

At the Ordinary Meeting of Council held on 9 of March 2009, Council adopted the Asset Management Policy 2.4.1 and subsequently reviewed the policy at the Ordinary Meeting of Council held on 15 March 2012.

 

The Policy states:

 

The Shire is committed to making informed decisions in relation to its infrastructure assets.  To achieve this, the Shire has prepared an Asset Management Improvement Strategy 2013 that guides the implementation of Asset Management across the organisation.  The key outcome being the adoption by Council of an Asset Management Plan for the following infrastructure assets;

 

1.   Transport (including Roads, Carparks & Footpaths)

2.   Drainage

3.   Buildings

4.   Parks and Reserves

5.   Sanitary landfill/Waste Management Facility; and

6.   Coastal Facilities”

 

The Building Asset Management Plan was the first of the plans to be completed and was adopted by Council at the Ordinary Meeting of Council held on 19 April 2012.

 

Each of the Transport and Building assets had individual plans developed. The Shire has consolidated these along with the first iterations of the Open Space and Stormwater Drainage into the Infrastructure Asset Management Plan.

 

 

Furthermore, the Asset Management Policy allocates responsibility for approving the asset management plans:

 

Responsibility and Reporting

 

Council - is responsible for approving (including amendments to) the following documents;

•       Asset Management Policy

•       Asset Management Plans

 

Council is also responsible for ensuring (upon recommendation of the Chief Executive Officer) that resources are allocated to achieve the objectives of the above documents. In adopting asset management plans.

 

COMMENT

 

Asset management planning is a comprehensive process to ensure delivery of services from infrastructure is provided in a financially sustainable manner.  An asset management plan details information about infrastructure assets including actions required to provide an agreed level of service in the most cost-effective manner. The plan defines the services to be provided, how the services are provided and what funds are required to provide the services.

 

The Shire of Broome owns and maintains a significant portfolio of infrastructure assets. To achieve an acceptable and sustainable level of service to the community and ensure best value is achieved, it is critical that a whole of organisational approach is taken to asset management.

 

The Shire’s infrastructure assets exist for the sole purpose of providing a service to the community. The assets will facilitate the delivery of that service and be both fit for purpose and sustainable.

 

One of the requirements of the Asset Management Improvement Strategy and the Asset Management Policy is for Asset Management Plans to be produced for each asset class. Each of the Transport and Building assets had individual plans developed, the Shire has consolidated these along with the first iterations of the Open Space and Stormwater Drainage into the Infrastructure Asset Management Plan.

 

The Asset Management Plan provides detailed information about infrastructure assets including actions required to provide an agreed level of service and is a dynamic document that is intended to quantify the renewal requirements of the assets.

 

There has been a high level of scrutiny on all asset classes to ensure that the data in the Asset Management Plan truly reflects the actual asset condition.  The degradation profile for each class is considered to ensure the renewal schedules actioned in the Long Term Financial Plan and the annual budgeting process responsibly allocate resources to achieve and maintain the minimum service levels over the life cycle of the asset.

 

 


 

Infrastructure assets comprises of the following classes:

 

Asset Class

Total Value

Total Depreciable Amount Over Asset Useful Life

Roads

$219,252,319

$184,444,533

Paths

$29,628,317

$29,628,317

Buildings

$92,968,700

$71,737,900

Drainage

$78,002,791

$64,598,741

POS

$17,523,682

$11,859,446

Miscellaneous Infrastructure

$3,574,784

$3,574,784

TOTAL

$440,950,593

$362,843,721

 

 

A visual condition assessment was conducted on each asset class by either a Shire employee or an external contractor to determine their existing condition.  The inspections are performed in accordance with published industry specifications to ensure consistent methodology is applied across the asset classes. 

Road assets have been assessed against multiple visual surface condition criteria.  To account for the effect of the individual conditions, multiple relevant condition indicies are weighted to give a single condition score for the road surface and pavement.  Moving forward mechanistic testing will be required to verify the actual stage of the existing asset conditions i.e pavement/subgrade and underground stormwater pipes.

The asset renewal rates used for calculating renewal costs are based on existing contracts, asset renewal history and fair-value valuations, and can be found in Appendix A of the attached As set Management Plan 2017.  The results from the visual condition assessments are indexed against these applicable renewal costings to provide the 20 year renewal requirements for each asset classes.

The Asset Management Plan 2017 identifies the projected capital renewal and replacement works expenditure required to provide the agreed level of service to the community over a 20 year period for each asset class.  The renewal requirements can be found in Appendix B to Appendix G of the attached AMP 2017 document.

This asset management plan is based on detailed inventory and condition data as well as relevant asset specific inputs.  The plan covers a 20-year planning period in accordance with the International Infrastructure Management Manual. It is prepared to exceed minimum legislative and organisational requirements for sustainable service delivery and long term financial planning and reporting. 

It should be noted that the any asset mangement plan is a dynamic document that will require updating to keep it at a level that can be relied upon as a representative of  asset condition and future renewal plan. There will be updates to include additional assets as well as accounting for the maintainance works that have been completed in the normal course of operations

Future revisions of this asset management plan will move towards ‘advanced’ asset management using a ‘bottom up’ approach for gathering asset information for individual assets to support the optimisation of activities and programs to meet agreed service levels in a financially sustainable manner.

This infrastructure asset management plan should be reviewed prior to the annual budget planning processes and amended to recognise any material condition changes in service levels.

The next actions for the AMP 2017 are as follows:

·    Tailor asset hierarchies against service provision.

·    Develop and implement a robust procedure for updating and maintaining asset data.

·    Develop asset disposal plan including cost estimation, schedules, etc.

·    Record operations, maintenance and renewal cost to differentiate expenditure

·    Promote supporting systems such as asset class registers, asset management systems and finance are aligned

·    Staff recommendation is that the Asset Management Plant 2017 as presented be endorsed.

 

 

CONSULTATION

 

Council Staff

Talis Consultants

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

 

Division 2 — Local governments and councils of local governments

 

2.7. Role of council Agenda - Ordinary Meeting of Council 19 April 2012 Page 52 of 110

 

(1) The council —

(a) governs the local government’s affairs; and

(b) is responsible for the performance of the local government’s functions.

(2) Without limiting subsection (1), the council is to —

(a) oversee the allocation of the local government’s finances and resources; and

(b) determine the local government’s policies.

[Section 2.7 amended by No. 17 of 2009 s. 4.].

 

POLICY IMPLICATIONS

 

Asset Management Policy 2.4.1  

 

FINANCIAL IMPLICATIONS

 

The Infrastructure Asset Management Plan will be used to direct expenditure in the Long Term Financial Plan and annual budget based on agreed intervention points and levels of service in the Infrastructure Asset Management Plan. 

 

 

RISK

There are risks associated with providing the service and not being able to complete all identified activities and projects, which may require pushing out a few years, due to budget constrains, delays, etc.  The risks are continued asset condition deterioration which may incur the asset failing to meet the required minimum standard of service.

 

The measures of consequence and likelihood are moderate and possible, respectively, as per tables below. In summary, the risk is Moderate as per the table in the Risk Matrix below.

 

 

 

Shire of Broome Measures of Consequence

Rating

Health

Financial Impact

Service Interruption

Compliance

Reputational

Property

Environment

Insignificant
1

Near miss / minor injuries

Less than $10,000

No material service interruption

Minor regulatory or statutory impact

Unsubstantiated, localised low impact on community / stakeholder trust, low profile or no media item

Inconsequential damage

Contained, reversible impact managed by on site response

Minor
2

First aid injuries/
Lost time injury
<30 Days

$10,001 - $250,000

Short term temporary interruption – backlog cleared < 1 day

Some temporary non-compliances

Substantiated, localised impact on community / stakeholder trust or low media item

Localised damage rectified by routine internal procedures

Contained, reversible impact managed by internal response

Moderate
3

Medical type injuries/
Lost time injury
>30 Days

$250,001 - $2,000,000

Medium term temporary interruption – backlog cleared by additional resources < 1 week

Short term non-compliance but with significant regulatory requirements imposed

Substantiated, public embarrassment, moderate impact on community/stakeholder trust or moderate media profile

Localised damage requiring external resources to rectify

Contained, reversible impact managed by external agencies

Major
4

Long-term disability / multiple injuries

$2,000,001 - $4,000,000

Prolonged interruption of services – additional resources; performance affected< 1 month

Non-compliance results in termination of services or imposed penalties

Substantiated, public embarrassment, widespread high impact on community / stakeholder trust, high media profile, third party actions

Significant damage requiring internal & external resources to rectify

Uncontained, reversible impact managed by a coordinated response from external agencies

Extreme
5

Fatality, permanent disability

More than $4,000,000

Indeterminate prolonged interruption of services – non-performance> 1 month

Non-compliance results in litigation, criminal charges or significant damages or penalties

Substantiated, public embarrassment, widespread loss of community/stakeholder trust, high widespread multiple media profile, third party actions

Extensive damage requiring prolonged period of restitution

Uncontained, irreversible impact

 

Measures of Likelihood

Rating

Definition

Frequency

Chance of Occurrence

Almost Certain (5)

 The event is expected to occur in most circumstances

More than once per year

> 90% chance of occurring

Likely (4)

 The event will probably occur in most circumstances

At least once per year

60% - 90% chance of occurring

Possible (3)

 The event should occur at some time

At least once in 5 years

40% - 60% chance of occurring

Unlikely (2)

 The event could occur at some time

At least once in 10 years

10% - 40% chance of occurring

Rare (1)

 The event may only occur in exceptional circumstances

Less than once in 15 years

< 10% chance of occurring

 

Risk Matrix

Consequence

 

Likelihood

Insignificant

Minor

Moderate

Major

Extreme

1

2

3

4

5

Almost Certain

 

5

 

Moderate (5)

 

High (10)

 

High (15)

 

Extreme (20)

 

Extreme (25)

Likely

4

Low (4)

Moderate (8)

High (12)

High (16)

Extreme (20)

Possible

3

Low (3)

Moderate (6)

Moderate (9)

High (12)

High (15)

Unlikely

2

Low (2)

Low (4)

Moderate (6)

Moderate (8)

High (10)

        Rare

1

Low (1)

Low (2)

Low (3)

Low (4)

Moderate (5)

 

 

Therefore, the renewal programs are to be effectively implemented to prevent the risk of further deterioration of the assets that could result in significant increased risk to both financial and safety.

 

 

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

 

Implement best practice asset management plans to optimise Shires’ infrastructure whilst minimising life cycle costs.

 

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

 

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

 

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

 

 

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

 

Affordable and equitable services and infrastructure

 

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

 

Develop an organisational culture that strives for service excellence.

 

Manage resource allocation.

 

VOTING REQUIREMENTS

Simple Majority

 

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                               Seconded: Cr P Matsumoto

That Council:

1.         Receives the Infrastructure Asset Management Plan as attached; and

2.         Notes that the document will be used as an informing strategy for the Shire’s Integrated Planning and Reporting Framework suite of documents.

CARRIED UNANIMOUSLY 6/0

 

Attachments

1.

Infrastructure Asset Management Plan

  


Item 9.4.7 – INFRASTRUCTURE ASSET MANAGEMENT PLAN

 

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator



 


 


 


 


PDF Creator



 


 


 


 


 


 


 


 


 


PDF Creator



 


 


 


 


PDF Creator



 


PDF Creator



 


 


 


 


PDF Creator



PDF Creator



 


 


PDF Creator 


10.

 

Reports

Of

Committees


MinutesOrdinary Meeting of Council 14 December 2017                                                                 Page 1500 of 1503

 

 

10.1       MINUTES OF THE AUDIT COMMITTEE MEETING HELD 6 DECEMBER 2017

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           FRE02

AUTHOR:                                                   Senior Finance Officer

CONTRIBUTOR/S:                                    Manager Financial Services

RESPONSIBLE OFFICER:                           Director Corporate Services

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    1 December 2017

 

SUMMARY:         This report presents to Council the outcomes of the Audit Committee’s meeting held 6 December 2017, and seeks consideration of adoption of the recommendations pertaining to the Quarter 1 Finance and Costing Review (FACR).

 

 

BACKGROUND

 

Previous Considerations

 

OMC 29 June 2017              Item 9.4.4

OMC 19 Oct 2017                Item 9.4.3

 

Quarter 1 Finance and Costing Review

 

The Shire of Broome has carried out its 1st Quarter Finance and Costing Review (FACR) for the 2017/18 Financial Year. This review of the 2017-2018 Annual Budget is based on actuals and commitments for the first three months of the year from 1 July 2017 to 30 September 2017, and forecasts for the remainder of the financial year.

 

This process aims to highlight over and under expenditure of funds for the benefit of Executive and Responsible Officers to ensure good fiscal management of their projects and programmes.

 

Once this process is completed, a report is compiled identifying budgets requiring amendments to be adopted by Council. Additionally, a summary provides the financial impact of all proposed budget amendments to the Shire of Broome’s adopted end-of-year forecast, in order to assist Council to make an informed decision.

 

It should be noted that the 2017/18 annual budget was adopted at the Ordinary Meeting of Council on 29 June 2017 as balanced budget. There have been further amendments adopted by Council as part of the Annual Financial Statements surplus allocation recommendations that have a nil impact upon the Shire of Broome’s forecast end of year position.

 

 

COMMENT

 

Quarter 1 Finance and Costing Review

 

The 1st Quarter FACR commenced on 25 October 2017. The results from this process indicate a deficit forecast financial position to 30 June 2018 of $43,601, should Council approve the proposed budget amendments and transfer to Drainage Reserve $45,467 of identified Organisational Savings.

 

A summary of the results of the FACR process is provided below. A detailed list of amendments is attached.

 

BUDGET IMPACT

2017/18 Adopted Budget
(Income) / Expense

FACR Q1
Overall (Income) / Expense
(Org Savings not subtracted)

FACR Q1
Org. Savings
(by Department)

FACR Q1
Impact
(Income) / Expense
(Org Savings subtracted)

YTD Impact
(Organisational Savings Subtracted)

Executive - Total

0

10,000

10,000

0

0

Corporate Services - Total

0

(40,000)

(40,000)

0

0

Development & Community - Total

0

63,601

20,000

43,601

43,601

Infrastructure Services - Total

0

(35,467)

(35,467)

0

0

Impact of Council approved budget amendments

0

0

0

0

0

Net impact of Organisation Savings/Expenditure

0

0

0

0

0

 

 

 

0,000*

(1,866)

(45,467)

43,601

43,601

 

CONSULTATION

 

Nil

 

STATUTORY ENVIRONMENT

 

Local Government (Financial Management) Regulation 1996

 

r33A. Review of Budget

(1)     Between 1 January and 31 March in each financial year a local government is to carry out a review of its annual budget for that year.

(2A)  The review of an annual budget for a financial year must —

(a) consider the local government’s financial performance in the period beginning on 1 July and ending no earlier than 31 December in that financial year; and

(b) consider the local government’s financial position as at the date of the review; and

(c) review the outcomes for the end of that financial year that are forecast in the budget.

(2)     Within 30 days after a review of the annual budget of a local government is carried out it is to be submitted to the council.

(3)     A council is to consider a review submitted to it and is to determine* whether or not to adopt the review, any parts of the review or any recommendations made in the review.

*Absolute majority required.

(4)     Within 30 days after a council has made a determination, a copy of the review and determination is to be provided to the Department.

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.

(1a) In subsection (1) —

“additional purpose” means a purpose for which no expenditure estimate is included in the local government’s annual budget.

 

POLICY IMPLICATIONS

 

Materiality in Financial Reporting Policy 2.1.1

 

It should be noted that, according the materiality threshold set in Policy 2.1.1 Materiality in Financial Reporting, should a deficit achieve 1% of Shire’s operating revenue ($376,296) it requires the Shire to formulate an action plan to remedy the over expenditure.

 

FINANCIAL IMPLICATIONS

 

The net result of the 1st Quarter FACR estimates is a budget deficit position of $43,601 to 30 June 2018.

 

RISK

 

The Finance and Costing Review (FACR) seeks to provide a best estimate of the end-of-year position for the Shire of Broome at 30 June 2018. Contained within the report are recommendations of amendments to budgets which have financial implications on the estimate of the end-of-year position.

 

The review does not, however, seek to make amendments below the materiality threshold unless strictly necessary. The materiality thresholds are set at $10,000 for operating budgets and $20,000 for capital budgets. Should a number of accounts exceed their budget within these thresholds, it poses a risk that the predicted final end-of-year position may be understated.

 

In order to mitigate this risk, the CEO enacted the FACRs to run quarterly and Executive examine each job and account to ensure compliance. In addition, the monthly report provides variance reporting highlighting any discrepancies against budget.

 

It should also be noted that should Council decide not to adopt the recommendations, it could lead to some initiatives being delayed or cancelled in order to offset the additional expenditure of running the Shire’s operations.

 

 

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

 

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

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Absolute Majority

 

 

Council Resolution:

Moved: Cr D Male                                                    Seconded: Cr B Rudeforth

That Council on recommendation from the Audit Committee:

1.   Receives the 1st Quarter Finance and Costing Review Report for the period ended 30 September 2017;

2.   Adopts the operating and capital budget amendment recommendations for the period ended 30 June 2018 as attached;

3.   Transfers $45,467 of identified organisational savings to the Drainage Reserve; and

4.   Notes a forecast end-of-year position to 30 June 2018 of a $43,601 deficit position.

 

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 6/0

 

Attachments

1.

6 December 2017 Audit and Risk Committee Meeting Minutes

  


Item 10.1 - MINUTES OF THE AUDIT COMMITTEE MEETING HELD 6 DECEMBER 2017

 

 

 

 

 

 

 

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."

 

UNCONFIRMED

MINUTES

 

 

OF THE

 

Audit and risk Committee Meeting

 

6 December 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.

 


SHIRE OF BROOME

Audit and risk Committee Meeting

Wednesday 6 December 2017

INDEX – Minutes

 

1.               Official OpeninG and election of chairperson and deputy chairperson.. 4

2.               Attendance And Apologies. 4

3.               Declarations Of Financial Interest / Impartiality. 4

4.               Confirmation Of Minutes. 5

5.               Reports of Officers. 6

5.1      1ST QUARTER FINANCE AND COSTING REVIEW 2017-18. 6

6.               Matters Behind Closed Doors. 17

7.               Meeting Closure. 17

 


MINUTES OF THE Audit Committee Meeting OF THE SHIRE OF BROOME,

HELD IN THE Council Chambers, Corner Weld and Haas Streets, Broome, ON Wednesday 6 December 2017, COMMENCING AT 3.00pm.

 

1.       OFFICIAL OPENING AND ELECTION OF CHAIRPOERSON AND DEPUTY CHAIRPERSON

The Chief Executive Officer (CEO) declared the meeting open at 3.02pm and welcomed Committee Members. He advised that he would be presiding over the meeting up until the Office of Chairperson was elected.

At the Ordinary Meeting of Council (OMC) held on 23 November 2017, Council resolved to change the committee to the Audit and Risk Committee.

Councillor representation on Committees was also determined at the OMC. Council resolved to appoint Cr D Male, Cr H Tracey and Cr C Mitchell to the Audit and Risk Committee. Cr B Rudeforth and Cr C Marriott were appointed as Deputies.

The CEO called for nominations for the position of Chairperson. Cr H Tracey nominated Cr D Male to the position of Chairperson. Cr D Male was elected Chairperson and assumed the position.

Cr D Male called for nominations for the position of Deputy Chairperson. Cr H Tracey nominated Cr C Mitchell to the position of Deputy Chairperson. Cr C Mitchell accepted the nomination over the phone prior to the meeting.  Cr C Mitchell was elected Deputy Chairperson.

2.       ATTENDANCE AND APOLOGIES 

Attendance:               Cr H Tracey                 Shire President

                                      Cr D Male                    Deputy Shire President

                                      Cr B Rudeforth           

 

Leave of Absence:    Nil

Apologies:                   Cr C Mitchell

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 A Santiago            Manager Financial Services

                                      Mr L Dodds                  Senior Finance Officer

                                               Ms R Piggin                  Manager Governance

                                      Ms V Glanville             Senior Administration and Governance Officer

3.       DECLARATIONS OF FINANCIAL INTEREST/IMPARTIALITY

Committee Member

Item No

Item

Nature of Interest

Nil.

4.       CONFIRMATION OF MINUTES

 

Committee Resolution:

Moved: Cr D Male                                                    Seconded: Cr B Rudeforth

That the Minutes of the Audit Committee held on 16 October 2017, as published and circulated, be confirmed as a true and accurate record of that meeting.

CARRIED UNANIMOUSLY 3/0

 

5.         REPORTS OF OFFICERS

 

5.1         1ST QUARTER FINANCE AND COSTING REVIEW 2017-18

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           FRE02

AUTHOR:                                                   Senior Finance Officer

CONTRIBUTOR/S:                                    Manager Financial Services

RESPONSIBLE OFFICER:                           Director Corporate Services

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    16 November 2017

 

SUMMARY:         The Audit Committee is requested to consider results of the 1st Quarter Finance and Costing Review (FACR) of the Shire’s budget for the period ended 30 September 2017, including forecast estimates and budget recommendations to 30 June 2018.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 29 June 2017              Item 9.4.4

OMC 19 Oct 2017                Item 9.4.3

 

Quarter 1 Finance and Costing Review

 

The Shire of Broome has carried out its 1st Quarter Finance and Costing Review (FACR) for the 2017/18 Financial Year. This Review of the 2017-2018 Annual Budget is based on actuals and commitments for the first three months of the year from 1 July 2017 to 30 September 2017, and forecasts for the remainder of the financial year.

 

This process aims to highlight over and under expenditure of funds for the benefit of Executive and Responsible Officers to ensure good fiscal management of their projects and programs.

 

Once this process is completed, a report is compiled identifying budgets requiring amendments to be adopted by Council. Additionally, a summary provides the financial impact of all proposed budget amendments to the Shire of Broome’s adopted end-of-year forecast, in order to assist Council to make an informed decision.

 

It should be noted that the 2017/2018 annual budget was adopted at the Ordinary Meeting of Council on 29 June 2017 as a balanced budget. There have been further amendments adopted by Council as part of the Annual Financial Statements for the use of additional carried forward surplus. The result of all amendments prior to the first quarter FACR is a nil impact upon the Shire of Broome’s forecast end of year position.

 

COMMENT

 

The 1st Quarter FACR commenced on 25 October 2017. The FACR process has identified a surplus of $1,866 and organisational savings of $45,467, attributed predominantly to increased rates interest income on instalments.

 

The results from this process indicate a deficit forecast financial position to 30 June 2018 of $43,601 should Council approve the proposed budget amendments. This deficit is predominantly associated with Council resolutions to increase expenditure on the BRAC 1 Youth Precinct ($45,130).

 

It is recommended that the surplus funds identified throughout the FACR process be quarantined to reserve however this will carry a deficit of $43,601 forward to the next FACR meetings to be held in January 2018.

 

It should also be noted that this figure represents a budget forecast should all expenditure and income occur as expected. It does not represent the actual end-of-year position which can only be determined as part of the normal Annual Financial processes at the end of the financial year.

 

A comprehensive list of accounts (refer to Attachment 1) has been included for perusal by the committee and summarised by Directorate.

 

A summary of the results follows:

 

BUDGET IMPACT

2017/18 Adopted Budget
(Income) / Expense

FACR Q1
Overall (Income) / Expense
(Org Savings not subtracted)

FACR Q1
Org. Savings
(by Department)

FACR Q1
Impact
(Income) / Expense
(Org Savings subtracted)

YTD Impact
(Organisational Savings Subtracted)

Executive – Total

0

10,000

10,000

0

0

Corporate Services – Total

0

(40,000)

(40,000)

0

0

Economic & Development - Total

0

63,601

20,000

43,601

43,601

Infrastructure Services – Total

0

(35,467)

(35,467)

0

0

Impact of Council approved budget amendments

0

0

0

0

0

Net impact of Organisation Savings/Expenditure

0

0

0

0

0

 

 

 

0,000*

(1,866)

(45,467)

43,601

43,601

 

CONSULTATION

 

All amendments have been proposed after consultation with Executive and Responsible Officers at the Shire.

 

 

STATUTORY ENVIRONMENT

 

Local Government (Financial Management) Regulation 1996

 

r33A. Review of Budget

(1)     Between 1 January and 31 March in each financial year a local government is to carry out a review of its annual budget for that year.

(2A)  The review of an annual budget for a financial year must —

(a) consider the local government’s financial performance in the period beginning on 1 July and ending no earlier than 31 December in that financial year; and

(b) consider the local government’s financial position as at the date of the review; and

(c) review the outcomes for the end of that financial year that are forecast in the budget.

(2)     Within 30 days after a review of the annual budget of a local government is carried out it is to be submitted to the council.

(3)     A council is to consider a review submitted to it and is to determine* whether or not to adopt the review, any parts of the review or any recommendations made in the review.

*Absolute majority required.

(4)     Within 30 days after a council has made a determination, a copy of the review and determination is to be provided to the Department.

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.

(1a) In subsection (1) —

“additional purpose” means a purpose for which no expenditure estimate is included in the local government’s annual budget.

 

POLICY IMPLICATIONS

 

2.1.1 Materiality in Financial Reporting

 

It should be noted that according to the materiality threshold set in Policy 2.1.1 Materiality in Financial Reporting, should a deficit achieve 1% of Shire’s operating revenue ($376,296) the Shire must formulate an action plan to remedy the over expenditure.

 

FINANCIAL IMPLICATIONS

 

The net result of the 1st Quarter FACR estimates is a budget deficit position of $43,601 to 30 June 2018 should the organisation savings of $45,467 be transferred to the Drainage Reserve.

 

 

RISK

 

The Finance and Costing Review (FACR) seeks to provide a best estimate of the end-of-year position for the Shire of Broome at 30 June 2018. Contained within the report are recommendations of amendments to budgets which have financial implications on the estimate of the end-of-year position.

 

The review does not, however, seek to make amendments below the materiality threshold unless strictly necessary. The materiality thresholds are set at $10,000 for operating budgets and $20,000 for capital budgets. Should a number of accounts exceed their budget within these thresholds, it poses a risk that the predicted final end-of-year position may be understated.

 

In order to mitigate this risk, the CEO enacted the FACRs to run quarterly and executive examine each job and account to ensure compliance. In addition, the monthly report provides variance reporting highlighting any discrepancies against budget.

 

It should also be noted that should Council decide not to adopt the recommendations, it could lead to some initiatives being delayed or cancelled in order to offset the additional expenditure associated with running the Shire’s operations.

 

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

 

Affordable and equitable services and infrastructure

 

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

 

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

 

An organisational culture that strives for service excellence

 

Sustainable and integrated strategic and operational plans

 

Responsible resource allocation

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Absolute Majority

 

 

Committee Resolution:

Moved: Cr H Tracey                                                 Seconded: Cr B Rudeforth

That the Audit Committee recommends that Council: 

1.       Receive the 1st Quarter Finance and Costing Review Report for the period ended 30 September 2017;

2.       Adopts the operating and capital budget amendment recommendations for the period ended 30 June 2018 as attached;

3.       Transfers $45,467 of identified Organisational Savings to the Drainage Reserve; and

4.       Notes a forecast end-of-year position to 30 June 2018 of a $43,601 deficit position.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 3/0

 

Attachments

1.

QUARTER 1 FINANCE AND COSTINGS REVIEW REPORT 2017-18

 


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator 


6.       MATTERS BEHIND CLOSED DOORS

 

Nil

 

7.       MEETING CLOSURE

There being no further business the Chairperson declared the meeting closed at 3.29pm.

 


Item 10.1 - MINUTES OF THE AUDIT COMMITTEE MEETING HELD 6 DECEMBER 2017

 

 

11.       Notices of Motion

 

Nil.

 


MinutesOrdinary Meeting of Council 14 December 2017                                                                 Page 1523 of 1526

 

12.       Business of an Urgent Nature

 

The Chairman advised that he accepted the following item of Urgent Business.

12.1       MINUTES OF THE JOINT MEETING OF THE KIMBERLEY ZONE OF WALGA AND REGIONAL COLLABORATIVE GROUP HELD 21 NOVEMBER 2017

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           OGS03 & RCG01

AUTHOR:                                                   Executive Assistant to the CEO

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Chief Executive Officer

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    5 December 2017

 

SUMMARY:         This report requests Council to receive and endorse the Minutes from the Joint meeting of the Kimberley Zone of WALGA and Regional Collaborative Group held on 21 November 2017.

 

BACKGROUND

 

Previous Considerations

 

A copy of the minutes from the meeting held 21 November 2017 between members of the Kimberley Zone of WALGA and Kimberley Regional Collaborative Group (RCG) are attached for Council consideration (refer Attachment 1 - Kimberley Regional Group Minutes 21 November 2017).

 

As a result of a past decision of the group, both the Kimberley Zone and RCG meetings are joined. 

 

It should be remembered that the Kimberley Zone of WALGA is a group established to represent regional issues to the State Council of the Western Australian Local Government Association (WALGA).

 

The RCG is a deed of agreement between four (4) local governments with the Minister for Local Government to progress regional reform.

 

COMMENT

 

The minutes and respective background information are attached to this report and the following comments are made in relation to the resolutions passed by the Group. Additional recommendations have been made where necessary for Council’s consideration.

 

9.1     STATE COUNCIL MEETING AGENDA AND PRESIDENT’S REPORT

 

The State Council Agenda and President’s Report was received on 17 November 2017 for member consideration. A copy of the summary minutes from the State Council meeting held 6 December 2017 has not been included due to the minutes not yet being received.

 

RESOLUTION:

(REPORT RECOMMENDATION)

 

That the Kimberley Zone of WALGA notes the State Council Meeting Agenda and Presidents Report.

CARRIED UNANIMOUSLY 5/0

 

9.2     2018 SCHEDULE OF MEETINGS FOR KIMBERLEY REGIONAL GROUP

 

This report presented the 2018 Schedule of Meeting dates for the Kimberley Zone of WALGA and Kimberley Regional Group.

 

It should be noted that four face-to-face meetings have been scheduled, in addition to two video conferences.

 

RESOLUTION:

(REPORT RECOMMENDATION)

 

That the Kimberley Zone of WALGA endorses the 2017 Schedule of Meetings.

 

3 - 6 March 2018

Cocos Is

Aligns with SC

30 April – 1 May 2018

Kununurra

Aligns with SC

2 July 2018

 

Video Conference for SC

31 July 2018

Perth

Local Government Week

3 September 2018

 

Video Conference for SC

3-4 December 2018

Broome

Aligns with SC

Joint Kimberley/NT Forum

 

Moved: Cr Young                                                               Seconded: Cr Menzel

 

                                                                                                  CARRIED UNANIMOUSLY 5/0

 

9.3     ENERGY AND NATURAL GAS CHAIN VALUE

 

The Joint Standing Committee on Northern Australia held an inquiry on 21 August 2017 in Broome to raise the awareness of the potential to develop an Energy and Natural Gas value chain to connect remote Kimberley communities.

 

At the inquiry, it was urged that all key regional bodies collaborate and champion this regional development prospect. The Chair of Regional Development Australia Kimberley committed to kick-starting the discussion with a view to seeking public and community support. The Chair approached the Secretariat, seeking local government support of this initiative from their respective Councils.

 

Regional Development Australia Kimberley believe this initiative will not only have vast benefits for stakeholders who have already listed their support, but the potential to create further opportunities for other industries in the region (refer Attachment 2 – Memo from Sheffield Resources regarding an energy and natural gas value chain).

 

RESOLUTION:

(REPORT RECOMMENDATION)

That the Kimberley Zone of WALGA refer this matter to each Councils next ordinary Council meeting to seek support for the project and its concepts.

Moved: Cr Edwards                                                           Seconded: Cr White

CARRIED UNANIMOUSLY 5/0

 

9.4     KIMBERLEY INDUSTRY ROAD SAFETY ALLIANCE

 

The Industry Road Safety Alliance has been developed by the Commission’s Partnership program to focus the efforts of main industry bodies and local and state government agencies on working collaboratively to improve road safety in their region. There are currently six Industry Road Safety Alliances operating in WA regions: Kimberley, South West, Midwest, Pilbara, Goldfields-Esperance and the Great Eastern Highway in the Wheatbelt. All have the primary goal of improving road safety and reducing road trauma within their own regions.

 

This report sought the nomination of one member to be the local government representative on the Kimberley Industry Road Safety Alliance (KIRSA).

 

RESOLUTION:

(REPORT RECOMMENDATION)

That the Kimberley Zone of WALGA nominate Cr Chris Kloss of the Kimberley Zone to be the local government representative on the Kimberley Industry Road Safety Alliance (KIRSA).

Moved: Cr Mitchell                                                             Seconded: Cr White

                                                                                                    CARRIED UNANIMOUSLY 5/0

 

10.1   KIMBERLEY REGIONAL GROUP MEETING RESOLUTION STATUS REPORT

 

A status report was provided from the Kimberley Zone Project Officer outlining progress or otherwise on Resolutions passed by the Zone/RCG since July 2016. The status report was received and noted for finalisation under the authorisation of the Secretariat.

 

RESOLUTION:

(REPORT RECOMMENDATION)

That the Kimberley Regional Group:

1.          Notes the outstanding Resolution Status Report;

2.          Authorises the Secretariat to proceed with co-ordinating the finalisation of outstanding action items arising from meeting resolutions.

Moved: Cr Edwards                                                           Seconded: Cr White

                                                                                                      CARRIED UNANIMOUSLY 4/0

 

10.2 KIMBERLEY REGIONAL GROUP 17/18 FINANCIAL ACTIVITY REPORT

 

A Financial Activity Report was presented for adoption, indicating the KRG have a surplus of $244,835 as at end of October 2017.

 

RESOLUTION:

(REPORT RECOMMENDATION)

That the Kimberley Regional Group adopts the Financial Activity Report for the period ended 31 October 2017.

Moved: Cr Edwards                                                           Seconded: Cr White

                                                                                                      CARRIED UNANIMOUSLY 4/0

 

10.3   PRELIMINARY REPORT FROM THE SHIRE OF DERBY WEST KIMBERLEY TO THE KIMBERLEY REGIONAL GROUP FOR THE TRANSFER OF SECRETARIAT

 

The proposal to move the Secretariat role from the Shire of Derby West Kimberley to the Shire of Broome was made at the 1 September 2017 meeting.

 

For the transfer of the Secretariat to proceed, a checklist of all works to be completed was developed to ensure all legal contractual obligations held by the Shire of Derby West Kimberley on behalf of the region have been discharged. The transfer of Secretariat will officially occur on 31 December 2017.

 

RESOLUTION:

(REPORT RECOMMENDATION)

That the Kimberley Regional Group notes the preliminary Secretariat transition report.

Moved: Cr Mitchell                                                            Seconded: Cr Menzel

                                                                                                         CARRIED UNANIMOUSLY 4/0

 

10.4   REGIONAL WASTE TECHNICAL ADVISORY GROUP (TAG) – MINUTES OF MEETING

 

This report presented the minutes from the Regional Waste TAG meeting held 2 October 2017. A copy of the minutes are attached for Council’s information (refer Attachment 3 – Waste TAG Minutes 2 October 2017).

 

RESOLUTION:

(REPORT RECOMMENDATION)

That the Kimberley Regional Group receives the minutes from the Regional Waste TAG meeting held 2 October 2017.

Moved: Cr White                                                                Seconded: Cr Edwards

                                                                                                  CARRIED UNANIMOUSLY 4/0

 

10.5   LAND TENURE BUSINESS CASE UPDATE

 

The final report on the Land Tenure Implementation Plan was presented to the Kimberley Regional Group and is attached for Council’s information (refer Attachment 4 – Land Tenure Implementation Plan).

 

RESOLUTION:

That the Kimberley Regional Group;

1.         Receives the Final Kimberley Land Tenure Policy - Implementation Strategy Report,

2.         Note Recommended Actions1,

3.         Note Recommended Actions 2,

4.         Take action and write to the Premier, Hon. Ben Wyatt, Hon. Rita Saffioti, Hon MacTiernan and any other relevant Members, and

5.         Direct the CEO’s to consider commencing work on the proposed changes.

Moved: Cr Edwards                                                           Seconded: Cr Menzel

CARRIED UNANIMOUSLY 4/0

 

CONSULTATION

 

Nil

 

STATUTORY ENVIRONMENT

 

Nil

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

There are no direct financial implications to the Shire of Broome from any of the resolutions passed by the Kimberley Zone of WALGA/Regional Collaborative Group.

 

It should be noted that the March 2018 meeting being held in the Cocos Islands will cost the equivalent of travelling to Alice Springs, with flights from Perth costing approximately $570. The overall cost to the Shire of Broome will be less than previous years as only one larger Kimberley Zone meeting has been factored in 2018 rather than two.

 

RISK

 

There is minimal risk associated with the recommendation of this report to the Shire of Broome.

 

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

 

High level social capital that increases community capacity

 

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

 

Affordable and equitable services and infrastructure

 

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

 

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

 

An organisational culture that strives for service excellence

 

Sustainable and integrated strategic and operational plans

 

Responsible resource allocation

 

Effective community engagement

 

Retention and attraction of staff

 

Improved systems, processes and compliance

 

VOTING REQUIREMENTS

Simple Majority

 

 

Council Resolution:

(Report Recommendation)

Moved: Cr D Male                                                    Seconded: Cr C Marriott

That Council receives and endorses the resolutions of the Kimberley Zone of WALGA/Regional Collaborative Group as attached in the minutes from the Joint Meeting held 21 November 2017 enbloc.

CARRIED UNANIMOUSLY 6/0

 

Attachments

1.

Kimberley Regional Group Minutes 21 November 2017

2.

Memo from Sheffield Resources regarding an energy and natural gas value chain

3.

Waste TAG Minutes 2 October 2017

4.

Land Tenure Implementation Plan

  


Item 12.1 - MINUTES OF THE JOINT MEETING OF THE KIMBERLEY ZONE OF WALGA AND REGIONAL COLLABORATIVE GROUP HELD 21 NOVEMBER 2017

 

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Item 12.1 - MINUTES OF THE JOINT MEETING OF THE KIMBERLEY ZONE OF WALGA AND REGIONAL COLLABORATIVE GROUP HELD 21 NOVEMBER 2017

 

 

PDF Creator


 

PDF Creator


 

PDF Creator


Item 12.1 - MINUTES OF THE JOINT MEETING OF THE KIMBERLEY ZONE OF WALGA AND REGIONAL COLLABORATIVE GROUP HELD 21 NOVEMBER 2017

 

 

PDF Creator


 

PDF Creator


Item 12.1 - MINUTES OF THE JOINT MEETING OF THE KIMBERLEY ZONE OF WALGA AND REGIONAL COLLABORATIVE GROUP HELD 21 NOVEMBER 2017

 

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


MinutesOrdinary Meeting of Council 14 December 2017                                                                 Page 1643 of 1643

 

 

 

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

 

Nil.

 

14.       Matters Behind Closed Doors

 

Council Resolution:

Moved: Cr C Mitchell                                               Seconded: Cr D Male

That the meeting be closed to the public at 5.46pm.

CARRIED UNANIMOUSLY 6/0

 

Members of the Public departed the Chambers at 5.46pm.


 

With regard to Item 9.2.4, Cr H Tracey declared a Financial Interest – “I have been asked to tender on the construction of this project when it is documented; or if it goes ahead”. Cr H Tracey departed the Chamber at 5.46pm

The Deputy Shire President Cr Male assumed the Chair.

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

9.2.4      APPLICATION TO EXTEND TERM OF DEVELOPMENT APPROVAL - TOURIST DEVELOPMENT - LOT 451 HAMERSLEY STREET, BROOME

LOCATION/ADDRESS:                             Lot 451 Hamersley Street, Broome

APPLICANT:                                              Rowe Group on behalf of J.B, P.E & J.E Tilbrook

FILE:                                                           HAM-1/33

AUTHOR:                                                   Acting Manager Planning & Building Services

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    21 November 2017

 

SUMMARY:         On 17 December 2015, Council re-issued Development Approval for a ‘Tourist Development’ at Lot 451 (No. 33) Hamersley Street. The approval is scheduled to expire 17 December 2017, and in accordance with Local Planning Policy 8.15 - Amendments / Extensions to Term of Approval and Requests for Further Information, the applicant seeks approval for an extension to the term of approval.

This report recommends that the application to extend the term of approval be approved.

 

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                               Seconded: Cr B Rudeforth

That Council:

1.       Requests that the Chief Executive Officer continue negotiations with the landowner regarding a possible land-swap or purchase of the property.

 

2.       Grants an extension to development approval 2014/14 submitted by Rowe Group on behalf of J & P & J Tilbrook for a ‘Tourist Development’ at Lot 451 (No 33) Hamersley Street, Broome, for a period of two years.

CARRIED UNANIMOUSLY 5/0

 

The Shire President, Cr H Tracey returned to the Chambers at 5.47pm and assumed the Chair.

Cr Male advised that the Report Recommendation was carried.

 

 Attachments

1.

Approved Plans

2.

Advice from Altus Planning

3.

Advice from Lavan Legal

4.

Application request to extend term of approval

 

 


 

This item and any attachments are 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”.

12.2       PROCUREMENT OF UTILITIES - RFQ17-92

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           RFQ17-92

AUTHOR:                                                   Manager Infrastructure Operations

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Infrastructure

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    28 November 2017

 

SUMMARY:         As part of the Shire of Broome’s ten year plant replacement program, sixteen utes across the organisation are due for replacement. RFQ17-92 Light Vehicle Replacement (RFQ17-92) was created, advertised and quotes received and evaluated. The total quoted prices exceed the Chief Executive Officer’s (CEO) approval limit and therefore the award of RFQ17-92 requires Council consideration and approval.

 

 

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                               Seconded: Cr B Rudeforth

That Council approve the recommendation to purchase 16 Holden Colorado utility vehicles as per RFQ17-92 Light Vehicle Replacement from Broome Holden for the value of $589,615.55 ex GST.

CARRIED UNANIMOUSLY 6/0

 

 Attachments

1.

RFQ17-92 Light Vehicle Replacement

2.

Car Advice Vehicle Review

3.

RFQ17-92 Evaluation Report

  


 

 

 

Council Resolution:

Moved: Cr B Rudeforth                                             Seconded: Cr P Matsumoto

That the Meeting again be open to the public at 5.52pm.

CARRIED UNANIMOUSLY 6/0

 

The Council chambers were opened and members of the public returned to the Chambers.

The Chairman read aloud the Council Resolutions from Item 9.2.4 – Application to extend term of development approval – Tourist Development – Lot 451 Hamersley Street, Broome and Item 12.2 – Procurement of Utilities – RFQ17-92.

 

15.       Meeting Closure

 

There being no further business the Chairman declared the meeting closed at 5.54pm.

 

 

I confirm these Minutes to be a true and accurate record of the proceedings of this Council.

 

Signed: ____________________________

  Presiding Member

 

Dated this _______ day of ___________ 2018



[1] CPA Australia, 2011, ‘Internal Controls For Not-For-Profit Organisations’, p. 3,