Minutes of Ordinary Meeting - 22 February 2018

Minutes – Ordinary Meeting of Council 22 February 2018 Page 15 of 1227

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 22 February 2018, COMMENCING AT 5.00pm.

1. Official opening and attendance

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

Attendance: Cr H Tracey Shire President

Cr D Male Deputy Shire President

Cr M Fairborn

Cr E Foy

Cr C Marriott

Cr P Matsumoto

Cr C Mitchell

Cr B Rudeforth

Apologies: Nil

Officers: Mr S Mastrolembo Chief Executive Officer

Mr J Watt Director Corporate Services

Ms A Nugent Director Development and Community

Mr S Harding Director Infrastructure

Mr S Penn Media and Promotions Officer

Ms R Piggin Manager Governance

Ms E Harding Senior Administration and Governance Officer

Public Gallery: Shaun Clark

Ketrina Keeley

Ty Matson Shire of Broome

Glenn Cordingley Broome Advertiser

Jakob Waddell Broome Advertiser

Michelle Teoh Dinosaur Coast Management Group

Peter Smith Shire of Broome

Denis Ryan Broome Futures

Kevin Smith

Jeremy Macmath Shire of Broome

John Geappen Red Sun Camels

Jon Hall

Trevor Price

2. declarations of financial interest and impartiality

FINANCIAL INTEREST
Councillor	Item No	Item	Nature of Interest
Cr H Tracey	12.1	Broome Regional Resource Recovery Park - Update on Site Selection.	Indirect Financial – I am a director and shareholder in a jointly owned company of which Yawuru is part owner.

IMPARTIALITY
Councillor	Item No	Item	Nature of Interest
Cr D Male	9.1.1	Chinatown Revitalisation Project Six Month Update	Impartiality – I run a business in the precinct and am a beneficiary of a trust that owns property in the precinct.
Cr P Matsumoto	9.2.2	Waterbank – Portion Lot 259 on Deposited Plan 220696	Impartiality – a board member and Director of Nyamba Buru Yawuru.
Cr E Foy	9.2.2	Waterbank – Portion Lot 259 on Deposited Plan 220696	Impartiality – Yawuru TO member

3. public question time

The Chairman advised that public questions had been received from Gavin Nottle prior to the meeting, however as he was not in attendance in accordance with Clause 3.4(2) of the Shire of Broome Standing Orders Local Law his questions would be processed administratively.

********

The following questions were received at the meeting from Katrina Keeley on behalf of Goolarabooloo Families.

Question One:

Is the Shire Council aware that Goolarabooloo was notified by the Department of Lands that under the proposed s91 license the grantee (Country Downs) may not:

(a) cause environmental harm or damage the land;

(b) clear vegetation, excavate, cut tracks or put in roads;

(c) erect permanent infrastructure or fencing;

(d) light fires;

(e) establish watering points

(f) exclude Goolarabooloo people or any other native title holders from the license area.

These understandings are reflected in the draft license forwarded to Goolarabooloo on 10 May 2017.

It is precisely because of this, however, that the Goolarabooloo people harbour deep concerns about how stock can in fact be grazed in the proposed license area in a way that is consistent with the terms and conditions set out in clause 6(a) – (x) of the draft license.

How on earth is this possible, because to give the license is to agree to the damage of the environment not just to the Springs but to the Aboriginal Heritage Sites.

Answer provided by Chairman:

This question will be taken on notice

Question Two:

Is the Shire Council aware that Goolarabooloo have been working with CALM, DEC and DePAW over the last 18 years to remove the cattle from Waterbank and in particular the Pt Coloumb Conservation reserve? Country Downs was notified from these government departments to help but declined because they said they did not have the funds to do so.

Answer provided by Chairman:

This question will be taken on notice

Question Three:

Is the Council aware Goolarabooloo has at the present moment received funding from DAA to protect their sites. A portion of that is to remove the cattle from the area. Goolarabooloo has already purchased the portable stockyards to do so. And will begin to remove the cattle over the next few months?

Answer provided by Chairman:

This question will be taken on notice.

********

The following question was received prior to the meeting from Michelle Teoh, Secretary Dinosaur Coast Management Group Inc.

Question One – Regarding Agenda Item 9.1.1 Chinatown Revitalisation:

There is a report on the proposed Kimberley Centre for Culture Arts and Story. In October 2016 the DCMG resolved to work with Yawuru in the development of the dinosaur component of a Cultural/Interpretive Centre. The DCMG had a brief opportunity in November 2017 to discuss options/approaches with the consultant. The report states:

“Further discussion around potential governance structures and other key elements is due to be workshopped by the Working Group throughout March, in addition to the drafting of the feasibility study and business case.”

When will the DCMG be advised whether the dinosaur story (cultural and scientific) is to be included in the proposed Centre?

Response provided by Director Development and Community:

The Shire of Broome is part of a Working Group and Steering Committee which are overseeing current investigations to inform the development of a feasibility study and business plan for the Kimberley Centre for Culture, Arts and Story. Other stakeholders represented on the Working Group and Steering Committee include Nyamba Buru Yawuru, Landcorp, Kimberley Development Commission and Tourism WA.

These reports are to be tabled with the Steering Committee mid this year. Elements including funding, demand, governance, site, economic impact and an outline of potential activities, displays and uses for the Centre are part of this study – and the Shire thanks the Dinosaur Coast Management Group for its contribution thus far.

The business case is the first step in a process and future stages will include additional opportunities for consultation as part of determining exhibition content. In addition to the project being viable, the continuance of these stages will be subject to successfully obtaining funding.

Question Two - Agenda Item: 10.3 Yawuru Park Council Minutes and Recommendations:

On 8 June 2017 the DCMG made a submission on the proposed Coastal Park Management Plan. In the submission we detailed some matters that need rectification in relation to the infrastructure improvements at Gantheaume Point and the Reddell Beach car parks. A question was asked at the OCM 28 September 2017 as to what was happening as no response had been received. The Shire then advised as follows:

“The Yawuru Minyirr Buru Management Plan is still in draft format. Submissions have been reviewed by the Yawuru Park Council (YPC) Working Group and forwarded to the consultant responsible for finalising the report. The consultant has requested some additional information for context only. Once the recommended changes have been made to the draft plan, the final plan will be presented to Council for adoption. At this time, all persons or organisations who made a submission in relation to the draft plan will be advised of the outcome of the process.”

The Yawuru Minyirr Buru Management Plan has been endorsed by the YPC and is listed for Council endorsement. It is noted that neither the YPC report nor the Shire report includes any ‘response to submissions’.

When will the DCMG receive a detailed response to the various matters raised in its original submission in a manner and time that will enable the DCMG (a volunteer based organisation) to review the responses and if appropriate seek further clarification?

Response provided by Director Development and Community:

The consultant preparing the Yawuru Minyirr Buru Management Plan, Natural Area Consulting Management Services, acknowledged the Dinosaur Coast Management Group’s original submission via email on 9 June 2017.

Following the endorsement of the Yawuru Minyirr Buru Management Plan by both the Yawuru Park Council (which occurred on 20 December 2017) and the Shire of Broome Council (scheduled for the Ordinary Meeting of Council tonight), all parties making a submission will be advised of the outcome.

Question Three - Agenda Item: 10.3 Yawuru Park Council Minutes and Recommendations:

There is reference to a Yawuru Conservation Parks Recreation Master Plan – it has been deferred for endorsement. The Nationally Heritage Listed dinosaur tracks occur in the Broome Sandstone – located primarily within the intertidal area. Yawuru and the DCMG have agreed there are particular sites around the coastline that are suitable for public viewing. These include Marlagun on Cable Beach, Reddell Beach (north), Gantheaume Point and Entrance Point. Access to three of these sites occurs through the Minyirr Buru Conservation Park – the DCMG is keen to work with the Shire and Yawuru in the development of the Recreation Master Plan to ensure the access points are suitably located, safe and appropriately signed. Will the DCMG be permitted to contribute to the development of the Yawuru Conservation Park Recreation Master Plan and if so when can this happen?

Response provided by Director Development and Community:

The draft Recreation Master Plan is a living document which will guide the joint management partners in the development of visitor management infrastructure priorities and budget across the Conservation Estate. Yawuru and the Yawuru Conservation Estate joint management partners are keen to work with the Dinosaur Coast Management Group to develop strategies for the protection and management of the dinosaur footprints, including locations and content for interpretive signage. The CEO of Yawuru wrote to the DCMG on 6 October 2017 proposing a field trip to the footprints with senior Yawuru people when Dr Salisbury was next in Broome, to begin these discussions and develop the relationship.

********

The following questions were received prior to the meeting from Kevin Smith:

My questions relate to recent overflows from Broome’s Waste Water Treatment Plants. Cr Foy has supplied a Background Briefing Paper, and also distributed copies to her fellow Councillors. My questions for this meeting are:

Question One:

Has the Shire of Broome advised or consulted with its insurers, and/or been provided with advice by the insurers regarding actions required and potential costs regarding the wastewater overflows, given the existence of considerable public liability issues arising from these pollution events and , if so, what advice has been received?

Response provided by Director Development and Community:

The Shire of Broome is still assessing the impacts of the weather events of 2018. It is unlikely that a claim will be made to the Shire’s insurers as a result of any potential discharge to Roebuck Bay, on the basis that the waste water treatment ponds are not owned, controlled or managed by the Shire. The Shire of Broome is not aware of any claims for damages from any person or entity and will not comment on the possibility of any such claim.

The Shire is in discussion with other stakeholders and is seeking advice on if the erosion caused by the weather events at the Demco reserves is an eligible claim under the WANDRRA scheme.

Question Two:

A number of government agencies, departments and other organisations have a view on, and interest in, the impacts of these pollution events including, but not limited to, the Shire of Broome, Yawuru Traditional Owners, Water Corp, Parks and Wildlife Service, Department of Water and Environmental Regulation, Department of Health. Have meetings been convened involving these organisations, to co-ordinate views and interests, determine required actions, and allocate responsibilities and costs, and if not, will they be convened?

Response provided by Director Development and Community:

Shire officers have had ongoing consultation with a range of stakeholders regarding the recent weather events and impacts on Broome. This is consistent with the Shire’s responsibilities to coordinate and assist in recovery efforts from declared events, and also as a land manager in the Demco area. This consultation will be ongoing.

Question Three:

What are the Shire of Broome’s prescribed responsibilities with regard to maintenance and management of Ramsar-listed Wetlands of International Significance within its boundaries, and what is the Shire’s estimate of the financial impact on the local economy should Ramsar-listing be removed from sites within the Shire of Broome due to ‘The limits of acceptable change’ being exceeded?

Response provided by Director Development and Community:

The Shire has no legislated responsibilities for Ramsar listed wetlands beyond those of any other land manager. The Shire has not conducted any detailed estimate of the financial implications should the relevant Minister remove the Ramsar listing for the parts of Roebuck Bay that are listed.

The responsibility for determining the environmental health of Roebuck Bay for the purposes of the Ramsar listing is a matter for the Commonwealth Department of Environment and Energy. An assessment of what is the acceptable limits of change and the possibility that these limits have been exceeded is the responsibility of that Department. The Shire is unaware of any studies having been undertaken by the Commonwealth Department of Environment and Energy that may indicate that the acceptable limits of change have been exceeded. It should be noted that the Shire has no knowledge of and has received no correspondence to indicate that the Ramsar listing is being revaluated.

4. applications for leave of absence

A written request for a Leave of Absence for the period 23 April 2018 to 14 May 2018 inclusive was received from Cr C Marriott.

council Resolution:

Moved: Cr D Male Seconded: Cr C Mitchell

That a leave of absence for Cr C Marriott be granted for the period 23 April 2018 to 14 May 2018 inclusive.

CARRIED UNANIMOUSLY 8/0

A written request for a Leave of Absence for the period 12 February 2018 to 20 March 2018 inclusive was received from Cr W Fryer.

Council Resolution:

Moved: Cr C Mitchell Seconded: Cr M Fairborn

That a leave of absence for Cr W Fryer be granted for the period 12 February 2018 to 20 March 2018 inclusive.

CARRIED UNANIMOUSLY 8/0

A written request for a Leave of Absence for the period 19 March 2018 to 4 April 2018 inclusive was received from Cr D Male:

Council Resolution:

Moved: Cr C Mitchell Seconded: Cr B Rudeforth

That a leave of absence for Cr D Male be granted for the period 19 March 2018 to 4 April 2018 inclusive.

CARRIED UNANIMOUSLY 8/0

A written request for a Leave of Absence for the period 19 March 2018 to 25 March 2018 inclusive was received from Cr P Matsumoto:

COUNCIL Resolution:

Moved: Cr C Mitchell Seconded: Cr D Male

That a leave of absence for Cr P Matsumoto be grated for the period 19 March 2018 to 25 March 2018 inclusive

CARRIED UNANIMOUSLY 8/0

5. Confirmation Of Minutes

COUNCIL Resolution:

Moved: Cr D Male Seconded: Cr C Mitchell

That the Minutes of the Ordinary Meeting of Council held on 14 December 2017, as published and circulated, be confirmed as a true and accurate record of that meeting.

CARRIED UNANIMOUSLY 8/0

6. Announcements By President Without Discussion

Nil

7. Petitions

Cr Fairborn presented a petition from residents of Broome North Estate requesting “that the Shire investigate solutions to rectify the health and safety concerns regarding the Open Drainage that runs through the residential properties at Broome North for the following reasons:

· The risk of a child or pet drowning in the open drainage system during the wet.

· The risk of a child of pet being injured in the open drainage system during the wet.

· The risk of a child crawling under a fence, getting caught under during the wet, or possibly venturing into the neighbours yards or public areas.

· The current use of chicken wire/mesh catches rubbish flowing into the drains and is a safety hazard as there are unknown items and sharp objects (tins, needles, glass) that children could play with and injure themselves.

· Additional cost to make the property safer and more functional for our use and enjoyment.”

The Chief Executive Officer advised the petition was accepted and an item would be presented to the next Ordinary Meeting of Council.

8. Matters For Which The Meeting May Be Closed

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

Council Resolution:

Moved: 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:

9.4.8 WESTERN AUSTRALIA NATIONAL DISASTER RELIEF RECOVERY ARRANGEMENTS - CONTRACTS RFQ17-103 to 17-108 AND RFQ17-110

Item 9.4.8 and any attachments are confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(iii)) as it contains “a matter that if disclosed, would reveal information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government”.

12.1 BROOME REGIONAL RESOURCE RECOVERY PARK - UPDATE ON SITE SELECTION

Item 12.1 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 8/0

Minutes – Ordinary Meeting of Council 22 February 2018 Page 32 of 1227

With regard to Item 9.1.1, 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 in the precinct and am a beneficiary of a trust that owns property in the precinct.”

9.1.1 CHINATOWN REVITALISATION PROJECT SIX MONTH UPDATE

LOCATION/ADDRESS: N/A

APPLICANT: Nil

FILE: PLA94

AUTHOR: Chief Executive Officer

CONTRIBUTOR/S: Manager Planning & Building Services

Manager Community and Economic Development

Chinatown Investment & Development Coordinator

RESPONSIBLE OFFICER: Chief Executive Officer

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 7 February 2017

SUMMARY: This report seeks to provide Council with an update on the progress made to date on the delivery of the Chinatown Revitalisation Project (CRP) and also seeks Council endorsement of proposed amendments to the Financial Assistance Agreement.

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

OMC 14 December 2017 Item 9.3.1

OMC 14 December 2017 Item 9.2.12

OMC 14 December 2017 Item 9.3.1

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

COUNCIL RESOLUTION:

(REPORT RECOMMENDATION)

Moved: Cr B Rudeforth Seconded: Cr H Tracey

That Council:

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

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

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

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

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

6. Requests the Chief Executive Officer to:

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

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

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

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

CARRIED UNANIMOUSLY 7/0

In accordance with point 6(d) of the above resolution, six monthly updates on the CRP are to be provided to Council and this has been provided at the Ordinary Meetings of Council (OMC) held 23 February 2017 and 28 September 2017. This report seeks to provide Council with a further six-monthly update. It is also noted that Steering Committee meeting minutes have been provided to Council through the Councillor Information Bulletin monthly and feedback sought for project specifics from Councillor workshops or formally where need be through OMCs.

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

Item of Expenditure	Budget	Source of Funds
Gray Street Extension Feasibility & Technical Studies	$1,000,000	Royalties for Regions ($745,000) Shire of Broome ($255,000)
Roebuck Bay Reconnection and Coastal Protection Feasibility	$1,000,000	Royalties for Regions ($855,000) Shire of Broome ($145,000)
Cultural Centre Feasibility	$850,000	Royalties for Regions Tourism WA ($100,000)
Dampier Terrace Renovation	$3,800,000	Royalties for Regions
Carnarvon Street Upgrades	$2,725,000	Royalties for Regions
Frederick Street Lookout	$900,000	Shire of Broome ($600,000) Tourism WA ($300,000)
Tourist Rest Facilities	$700,000	Shire of Broome
Connection of Dampier Terrace and Terrace Street	$600,000	Shire of Broome ($300,000) Tourism WA ($300,000)
Enhanced laneways strategy and funding program	$290,000	Royalties for Regions
Chinatown Commercial Liaison Officer (over 2 years) and funding program	$600,000	Royalties for Regions
Administration/Audits/Reporting	$235,000	Royalties for Regions
Total Budget	$12,700,000

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

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

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

The second milestone date was 31 December 2016 and required the submission of finalised project plans for all ten sub-projects, recruitment of the CIDC, and the completion of the CIDC Two Year Activity Plan and preliminary community engagement on the Kimberley Centre. These milestone requirements have been met and further funds of $1.3 million were released in February 2017.

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

o Place Making Consultant – The Planning Group (TPG);

o Environmental Consultant – Strategen;

o Civil Engineer – TABEC;

o Public Realm Architecture – UDLA;

o Research and Engagement – Simon McArthur & Associates;

o Engagement – NBY;

o Environmental Assessment – GHD;

o Coastal Design – MP Rogers;

o Traffic Assessments – DVC; and

o Gray St Reclamation Valuation – Colliers.

The third milestone date was 30 June 2017. At the OMC held 25 May 2017, Council endorsed proposed amendments to some of the milestones defined within the FAA (The revised FAA is Attachment 1 to this report). The amendments related solely to the wording around the deliverables and did not impact milestone dates and payments themselves, resulting in a nil impact on the budget cash flow for the project. These milestone requirements were also met with further funds of $4.75 million released in September 2017. In review and reconciliation of milestone payments it has been identified that a further $200k was due for release at this time, however has not been transferred to date. A payment request follow-up is pending with DPIRD.

The fourth milestone date was 31 December 2017 and the milestones and respective amount of funding that was due for release is outlined below:

Project	Performance Method	Payment
Dampier Terrace Upgrade
· Tender documentation complete.	Quarterly Reports on progress provided to the Department.	$1,000,000
Carnarvon St Upgrade
· Tender documentation complete.	Quarterly Reports on progress provided to the Department.	$1,000,000

Enhanced Laneways Strategy and Grant Funding Program
· Practical completion of one laneway and evidence of successful negotiation with laneway owners.	Quarterly Reports on progress provided to the Department.	$150,000
Chinatown Investment and Development Coordinator
· 12 month review of position and implementation.	Annual Report provided to the Department.	$200,000
Total Amount Due		$2,350,000

In brief, the milestone relating to the Chinatown Investment and Development Coordinator has been met, however the milestones relating to the Dampier Tce and Carnarvon St Upgrades and the Enhanced Laneways Strategy and Grant Funding Program have not been met. It is noted that following agreement from the Steering Committee, DPIRD were advised in September 2017 of the need to adjust the milestone for Tender documentation completion. The Steering Committee are also proposing to revise the milestone relating to the Enhanced Laneway and Grant Funding Program. A revised FAA is attached for Council consideration of endorsement.

This report will provide more detail on the progress of the milestone tasks to 31 December 2017 and an update on progress of the broader Chinatown Revitalisation project. A copy of the minutes of the Chinatown Stakeholder Reference Group meetings held between August and December 2017 are also tabled for Council’s information.

COMMENT

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

1. CIDC activities;

2. Design and Constructions Projects;

3. Feasibility Projects; and

4. Chinatown Stakeholder Reference Group Minutes

1. Chinatown Investment and Development Coordinator Activities

Over the last six months the CIDC has undertaken the following based on the following four sub roles:

· Community & Trader Engagement

· CIDC led Initiatives

· Grants Support & Project Development

· Administration

Community & Trader Engagement

· Trader Workshop: 29 November 2017 regarding 2018 grants end events calendar

· CIDC Towns Walks, General and HQ Correspondence, details

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

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

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

CIDC led Initiatives

· Project HQ, Activators

o Hive Handmade;

o Artist Michael Torres; and

o Corrugated Lines Festival Hub

· Music mornings

o 6 August 2017;

o 13 August 2017;

o 20 August 2017; and

o 27 August 2017

· Friday late night trading:

o 25 August 2017;

o 15 September 2017;

o 6 October 2017; and

o 10 November 2017

o 8 December (Christmas Party Support)

Grants Support and Project Development

Johnny Chi Lane Refurbishment

· Meetings/discussions with applicant prior to application regarding project scope

· Review and assessment of application

· Ongoing artwork development

· Status: complete

Aarli Bar Redevelopment

· Meetings/discussions with applicant prior to application regarding project scope

· Review and assessment of application

· Design Development with Streetscape design team

· Ongoing project development with applicant

· Status: in progress

Sun Pictures

· Meetings/discussions with applicant prior to application regarding project scope

· Review and assessment of application

· Ongoing project development with applicant

· Event Communications & oversight

· Status: complete

Incredible Edible Broome

· Meetings/discussions with applicant prior to application regarding project scope

· Review and assessment of application

· Ongoing project development with applicant

· Status: complete

Signage and Relocation of Azure Beach

· Meetings/discussions with applicant prior to application regarding project scope and viability

· Review and assessment of application

· Status: open

Betty’s Frock Shop Refurbishment

· Meetings and discussions with applicant prior to application regarding project scope and viability

· Review and assessment of application

· Ongoing project development with applicant

· Status: in progress

Corrugated Lines Festival

· Meetings/discussions with applicant prior to application regarding project scope

· Review and assessment of application

· HQ and event communications & oversight

· Status: complete

T.B Eliies Store Refurbishment Artwork

· Meetings/discussions with applicant prior to application regarding project scope and viability

· Review and assessment of application

· Negotiation of Project scope

· Ongoing project development with applicant

· Status: in progress

Chinatown Historical Models

· Meetings/discussions with applicant prior to application regarding project scope

· Review and assess application

· Negotiation of Project scope

· Ongoing project development with applicant

· Status: in progress

Goolari Media Chinatown Stories App Development

· Meetings and discussions with applicant prior to application

· Review and assessment of application

· Follow up project development meetings

· Status: open

Chinatown Nights Event

· Meetings and discussions with applicant prior to application

· Review and assessment of application

· Relationship management following exclusion of project

· Status: not supported

Jetty to Jetty Activation Events

· Meetings/discussions with applicant prior to application regarding project scope

· Review and assessment of application

· Event Communications & oversight

· Status: complete

Shinju Pearl Harvest Party

· Meetings/discussions with applicant prior to application regarding project scope

· Review and assessment of application

· HQ and Events Communications & oversight

· Status: complete

Sun Pictures al fresco Area

· Meetings and discussions with applicant prior to application regarding project scope and viability

· Review and assessment of application

· Ongoing project development with applicant

· Status: open

Sun Pictures 100 Year Anniversary Plaques

· Meetings/discussions with applicant prior to application regarding project scope

· Review and assessment of application

· Ongoing project development with applicant

· Event Communications & oversight

· Status: complete

Administration

· Annual Report (see Attachment 2) completed and provided to DPIRD as per milestone requirement.

· The Steering Committee have proposed a revised milestone relating to the Laneway Enhancement Strategy and Grant Funding Program. The revision is to remove the requirement for the construction of a new laneway and replace this with the need for the first round of laneway matching grants to have been advertised and awarded. This revised milestone has been met.

· Monthly EMG updates

· Laneway Enhancement Strategy

o Development and finalisation of Draft Strategy December 2017

o Commenced review of strategy with key landholders

· Communications

o Attended monthly ‘round table’ strategy meetings

o Assisted with review of media releases 7-9.

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

For Council’s information, it is noted that the incumbent CIDC has recently taken on a new role with the Shire of Broome and as such this position is currently under recruitment. At the Steering Committee meeting held on 31 January 2018 a proposal was presented for this position to be funded for an additional 6 months by the Chinatown Revitalisation Project. The position was originally intended to be a 2 year fixed term position, however there is concern that the resource will be lost at the time that construction is due for completion.

Activation of the Chinatown CBD is critical post construction to ensure the project is successful. Staff had prepared a Project Brief for Council to consider extending this resource as part of the 2018-19 Annual Budget deliberations, however the Steering Committee has now provided commitment to fund the project up until at least 30 June 2019, subject to Council providing in principal support for the position continuing post this time. It is believed a general Place Making role could build on the capacity of existing staff resources to focus on improved activation of prime precincts into the future. In addition to Chinatown, this could also include both Cable Beach and Town Beach. Council is requested to support this proposal.

2. Design and Construction Projects

The draft Chinatown Masterplan was developed following extensive consultation with Chinatown traders, landowners and other key stakeholders. It was advertised for public comment for 21 days following endorsement at the Ordinary Meeting of Council on 28 September 2017.

The 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. 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 did not trigger any significant amendments to the Masterplan.

In response to submissions received, the Chinatown Steering Committee and Council (at the 14 December 207 OMC) endorsed the Masterplan subject to the following amendments:

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’.

The Shire President, Chief Executive Officer and representatives from the design team and Steering Committee provided Minister MacTiernan an update on the progress of the Masterplan and the project in general in Perth on 18 December 2017. The plans were well received by the Minister and in addition, constructive feedback was also provided by two independent peer review architects. In brief, the feedback provided sought for the design works to be quality, robust, imaginative, cognisant of the existing built form and that consideration be given to car parking in the precinct. The feedback was well received and provided confidence to all partners and the design team that the project was progressing in the right direction.

With respect to car parking, this is a matter that remains outstanding for Steering Committee consideration and resolution. Concerns over parking were a common theme raised in the public submissions received for the Masterplan. 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.

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 concept 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. The Steering Committee in January 2018 have authorised the detailed design to be progressed, however whether the project will fund the construction of the bays remains undecided. It is therefore recommended that Council request the Steering Committee to formally consider reallocation of any surplus funds that may be available to the reinstatement of lost carparking bays caused by the Chinatown Revitalisation Project.

With regard to the lookout project on the corner of Frederick Street and Dampier Terrace, this has progressed to detailed design and the Shire has called for tenders. The tender period opened on the 3 February 2018 and closes on the 6 March 2018. An item will be presented to the March 2018 Ordinary Council Meeting to consider the responses received and to award the tender to a successful contractor. It is anticipated that works will commence on site in early April 2018 and conclude by the 30 June 2018 deadline. Engagement has also progressed with Yawuru to incorporate public art and interpretation into the lookout structure.

Further to the Masterplan, a Draft Chinatown Public Art and Strategy was also presented to the OMC held on 17 December 2017. The development of this Strategy reflects the previous direction provided by the Arts, Culture and Heritage Advisory Committee 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 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. The Strategy was endorsed by Council for the seeking of public comment which is due to commence in February 2018. At a Council workshop held on 6 February 2018, Council provided an indication of priority projects for Steering Committee consideration, based on the available project budget.

Finally, at the September Steering Committee meeting it became apparent that due to delays experienced in finalisation of the Chinatown Masterplan that it was not going to be possible to meet the upcoming 31 December 2017 milestone; which required completion of tender documentation for both the Dampier Tce and Carnarvon St upgrades. As such the Steering Committee agreed for DPIRD to be updated on the revised timing of this milestone which is now proposed to be 30 April 2018. KDC and most recently the Shire have been in consultation with DPIRD to update and amend the FAA accordingly. The revised Draft FAA is attached (Attachment 3) for Council consideration for endorsement with this aforementioned change. No additional changes have been proposed at this time with construction timeframes to be reviewed post detailed design.

3. Feasibility Projects

Gray Street Extension and Roebuck Bay Reconnection

As part of the last 6 monthly update to Council reported at the 28 September 2017 OMC, it was advised that a fatal flaw analysis had been undertaken on both the Gray St Extension and Roebuck Bay Reconnection projects and project cessation had been recommended.

A formal request was tabled with DPIRD in August 2017, however at the time of writing this report a response remains outstanding. Members of the PCG have been in deliberations with DPIRD and a revised FAA has been proposed to finalise the matter. The attached revised FAA includes a revised budget proposal based on Steering Committee decisions to date, including the reallocation of these available funds due to the cancellation of these feasibility projects.

Kimberley Centre for Culture, Art and Story

Following the previous formal update provided to Council, this project has made continued progress towards the completion of a feasibility study and business case for the Kimberley Centre for Culture, Art and Story. Key elements completed in the past six months include:

· Review and revision to the governance and operational structure for the project, which was subsequently endorsed by the three Project Partners, including Council as part of the December 2017 Ordinary Meeting of Council. The key focus of the change is to allow a focus on the technical aspects by adding stakeholders with more relevant skills to allow them add value to the process. The Working Group consists of representatives from Nyamba Buru Yawuru, Shire of Broome, Tourism WA, Landcorp, Kimberley Development Commission, WA Museum and project consultants SMA.

· Working Group Meetings were held in November and December 2017 to provide input and feedback into key project milestones including a phased timeline for development of a potential centre, high level location analysis, concept design and emerging key experiences. This group also discussed the potential for the centre to play a key role in marketing and growing cultural tourism across the Kimberley.

· Further consultation with the region’s Aboriginal leaders was undertaken by Nyamba Buru Yawuru and SMA at the JALALAY Festival in September at Lombadina. The consultation included further feedback regarding the project as a regional opportunity – rather than being Broome centric.

· Presentation of high level feasibility of development costs, operational viability and risks to moving forward to allow the Working Group and Steering Committee to provide direction to the progress of the project into its final phases (finalization of feasibility study and business case).

Project updates continue to be published on the project’s website and emailed to key stakeholders to key them abreast of developments. Further discussion around potential governance structures and other key elements is due to be workshopped by the Working Group throughout March, in addition to the drafting of the feasibility study and business case.

4. Chinatown Stakeholder and Community Reference Group

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

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

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

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

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

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

In brief, the Group has been presented the following information and/or deliberated on the following initiatives since the previous six-monthly update:

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

· Updates from the Project Control Group;

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

o consultation and engagement;

o design;

o approvals; and

o tender.

· Presentations from the Communications consultant;

· Presentations from the Chinatown Investment and Development Coordinator;

· Land tenure queries within the Chinatown precinct;

· Presentation on the Public Art and Interpretation Strategy;

· Consideration of one-way street in Dampier Terrace; and

· Activities workshop and liaison with Japanese, Chinese and European cultural groups for the Kimberley Centre Project and presentations from the Chair of the Working Group on this Project.

Council is requested to note the minutes of these meetings.

CONSULTATION

Kimberley Development Commission

Landcorp

Nyamba Buru Yawuru Ltd

Chinatown Stakeholder and Reference Group

Chinatown Investment and Development Coordinator

Chinatown Traders

Chinatown Land Owners

Tourism WA

STATUTORY ENVIRONMENT

Nil

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

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

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

An additional $300k was also allocated to the Frederick St/Dampier Tce Link sub-project.

The Terms of Reference for the Steering Group includes responsibility;

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

Total Contracted Expenditure to end of January 2018 is $2,557,987.

Total Actual Expenditure to end of January 2018 is $1,801,426.

RISK

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

The project schedule remains a project risk as the CRP moves forward. Current schedules place the CRP up to two months behind target with regard to compilation of tender documentation. Project delays have occurred in the concept design period and options for delivery projects.

There is a risk that businesses could be negatively impacted during the construction period. The Steering Committee is analysing the construction methodology in significant detail to ensure these impacts are minimised. The final construction program will be determined upon completion of Detailed Design. This body of work requires finalisation and then scrutiny to ensure the scheduling and construction is carried out in a manner to minimise disruption to local businesses. The completion target of 31 December 2018 will be reviewed in due course with consideration of all of the above.

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:

(Report Recommendation)

Moved: Cr C Mitchell Seconded: Cr M Fairborn

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 Chinatown Investment and Development Coordinator Annual Report 2016/17 as attached;

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

4. Provides in principal support to continue to resource the Chinatown Investment and Development Coordinator post 30 June 2019 through the provision of a general Place Making role within the Shire of Broome, in addition to noting the support of existing internal resources;

5. Endorses the attached revised Draft Financial Assistance Agreement, as provided in Attachment 3 to this report and authorises the Shire President and Chief Executive Officer to engross the necessary documentation with any minor amendment; and

6. Requests the Chinatown Steering Committee to formally consider a budget allocation for the cost of reinstatement of lost carparking bays that are due to the Chinatown Revitalisation Project.

CARRIED UNANIMOUSLY 8/0

Attachments

1.	Revised FAA May 2017
2.	CIDC Annual Report
3.	Draft Revised FAA Feb 2018
4.	CSRG Minutes

Item 9.1.1 - CHINATOWN REVITALISATION PROJECT SIX MONTH UPDATE

---------------------------------------------------------------------------------------------------------------------------------------------------------------------------SCHEDULE 4 – ROYALTIES FOR REGIONS PROJECT DETAILS

1. Use of Funding by the Recipient

Without limiting clause 8(b) or clause 11.3 in any way, the Recipient must use the Funding (and any interest which accrues on that Funding) to carry out the Project in accordance with this Agreement and for no other purpose.

2. Funding Amount

Funding of up to $10 000 000 (excluding GST) will be provided by the State to the Recipient in the manner and within the timeframes outlined in item 3.2 of this Schedule 4 and in Schedule 6.

Disbursal of Funding will be subject to availability of funds through the State budget and mid-year review of the State budget each financial year.

3. Manner in which Funding is to be Paid

After this Agreement has been executed by both Parties, the Department will authorise the Department of Treasury to transfer the Funding to the Recipient in the manner described in item 3.1 of Schedule 4.

The transfer of the Funding will be subject to an assessment, with the Department being satisfied with the results of the assessment, of actual Project expenditure and material cash at bank balances of the Funding previously paid and available to the Recipient.

3.1. Payment of Royalties for Regions Funding

Deliverable	Payment details and timing	Amount $’000 (ex GST)
Execution of Financial Assistance Agreement	The Department will initiate payment following: · The signing of this Agreement by both Parties. · Provision of a valid Tax Invoice. Payment made June 2016.	10,000,000
Total Payment		10,000,000

Deliverable

Payment details and timing

Amount

$’000

(ex GST)

Execution of Financial Assistance Agreement

The Department will initiate payment following:

· The signing of this Agreement by both Parties.

· Provision of a valid Tax Invoice.

Payment made June 2016.

10,000,000

Total Payment

10,000,000

3.2. Payment of Royalties for Regions held in Western Australian Treasury Corporation Account

Milestone Date	Deliverable	Payment details and timing	Amount $’000 (ex GST)
30/06/2016 (complete)	Funding Transferred to a Western Australian Treasury Corporation account.	Payment will be authorised within 20 business days upon evidence of: · The transfer of funding to a Western Australian Treasury Corporation account. · Provision of a valid Western Australian Treasury Corporation Notice of Withdrawal. Payment made August 2016.	500,000
31/12/2016 (complete)	· Project plans (see Schedule 4 for detail) finalised for all 10 sub-projects. · Kimberley Centre Feasibility - Completion of preliminary community stakeholder engagement. · Grant funding strategy (guidelines) for Enhanced Laneways Strategy and Grant Funding program completed. · Chinatown Investment and Development Coordinator - Recruitment to the position - establishment of the Chinatown Traders Reference Group - Completion of a two year activity plan.	Payment will be authorised within 20 business days upon evidence of: · The deliverables have been met to the satisfaction of the Department. · Provision of a valid Western Australian Treasury Corporation Notice of Withdrawal. Payment made February 2017.	1,000,000 100,000 100,000 100,000 Sub-total: $1,300,000

Milestone Date

Deliverable

Payment details and timing

Amount

$’000

(ex GST)

30/06/2016

(complete)

Funding Transferred to a Western Australian Treasury Corporation account.

Payment will be authorised within 20 business days upon evidence of:

· The transfer of funding to a Western Australian Treasury Corporation account.

· Provision of a valid Western Australian Treasury Corporation Notice of Withdrawal.

Payment made August 2016.

500,000

31/12/2016

(complete)

· Project plans (see Schedule 4 for detail) finalised for all 10 sub-projects.

· Kimberley Centre Feasibility

- Completion of preliminary community stakeholder engagement.

· Grant funding strategy (guidelines) for Enhanced Laneways Strategy and Grant Funding program completed.

· Chinatown Investment and Development Coordinator

- Recruitment to the position

- establishment of the Chinatown Traders Reference Group

- Completion of a two year activity plan.

Payment will be authorised within 20 business days upon evidence of:

· The deliverables have been met to the satisfaction of the Department.

· Provision of a valid Western Australian Treasury Corporation Notice of Withdrawal.

Payment made February 2017.

1,000,000

100,000

Sub-total: $1,300,000

30/06/2017

(complete)

Gray Street Extension:

· Fatal Flaw Analysis (Environmental, Heritage and other approvals).

· Confirmation of Costings for Geotechnical Investigation.

Roebuck Bay Reconnection and Coastal Protection Feasibility:

· Fatal Flaw Analysis (Environmental, Heritage and other approvals)

· Confirmation of Costings for Geotechnical Investigation.

Kimberley Centre Feasibility

· Preliminary investigation into governance models.

· Coarse benchmarking of comparable facilities.

· Preliminary identification of suitable sites.

· Commence stakeholder consultation.

Dampier Terrace Upgrade

Completion of:

· Preliminary community stakeholder engagement.

· Functional design brief.

· Concept design and cost estimates.

Carnarvon Street Upgrades:

· Preliminary community stakeholder engagement.

· Functional design brief

· Concept design and cost estimates.

Chinatown Investment and Development Coordinator:

· Completion of a grant funding strategy (guidelines) for Chinatown commercial activation activities.

Payment will be authorised within 20 business days upon evidence of:

· The deliverables have been met to the satisfaction of the Department.

· Provision of a valid Western Australian Treasury Corporation Notice of Withdrawal.

Payment made September 2017.

PAYMENT REQUEST PENDING

500,000

600,000

400,000

1,650,000

1,600,000

Sub-total:

4,750,000

200,000

31/12/2017

(complete, to be invoiced)

· Enhanced Laneways Strategy and Grant Funding program – First round of laneway enhancement matching grants advertised and awarded.

· 12-month review of Chinatown Investment and Development Coordinator position and implementation.

Payment will be authorised within 20 business days upon evidence of:

· The deliverables have been met to the satisfaction of the Department.

· Provision of a valid Western Australian Treasury Corporation Notice of Withdrawal.

PAYMENT REQUEST PENDING

150,000

200,000

30/04/2018

· Dampier Terrace Upgrade - Tender documentation complete.

· Carnarvon Street Upgrades - Tender documentation complete.

Payment will be authorised within 20 business days upon evidence of:

· The deliverables have been met to the satisfaction of the Department.

· Provision of a valid Western Australian Treasury Corporation Notice of Withdrawal.

1,200,000

31/12/2018

Kimberley Centre Feasibility:

· Completion of Feasibility Study and Business Case

Payment will be authorised within 20 business days upon evidence of:

· The deliverables have been met to the satisfaction of the Department.

· Provision of a valid Western Australian Treasury Corporation Notice of Withdrawal.

200,000

31/12/2018

Practical Completion:

· All construction activities for sub-projects completed.

Payment will be authorised within 20 business days upon evidence of:

· The deliverables have been met to the satisfaction of the Department.

· Provision of a valid Western Australian Treasury Corporation Notice of Withdrawal.

300,000

Total:

10,000,000

Note: Disbursal of funds will be authorised subject to:

1. Evidence of approval of the milestones having been met by the Project Steering Committee.

2. Provision of a valid Western Australian Treasury Corporation Notice of Withdrawal.

4. Detailed Description of Project

4.1. Project Description

The Broome Chinatown Revitalisation project has been developed with an aim to best utilise a $10 million investment under Royalties for Regions. The project will see the delivery of key activities to boost economic activity along with preserving and enhancing Chinatown's role as the social, cultural and economic hub of Broome. The project is comprised of 10 distinct sub-projects that will result in key planning and feasibilities being undertaken as well as some on ground activity.

Each sub-project will have a project plan developed that will include key review gateways and milestones, detailed budget estimates and risk assessment approved and signed by the Chinatown Project Steering Committee.

Chinatown Project Steering Committee

A Chinatown Project Steering Committee (Steering Committee) has been established to encourage the development of other inputs into the project area. The Steering Committee ensures that the approved projects proceed in a logical, measured and timely manner.

The Steering Committee also ensures that, during the life of the capital phase of the Project, all major stakeholders in particular, but also the general community are kept apprised of the Project and the opportunities that it is creating.

At a meeting held on 6 July 2017, the Steering Committee agreed that, given the limited budget, it would be best to focus on those revitalisation projects that present the greatest opportunity to strengthen Chinatown in the short term. To that end, following completion of a fatal flaw analysis and confirmation of costings for geotechnical investigation, for the Gray Street Extension and the Roebuck Bay Reconnection and Coastal Protection feasibility studies, it was agreed to cease work on each of these sub-projects.

The components of the overall Broome Chinatown Revitalisation include:

1. Gray Street Extension

As per the original FAA executed on 24 June 2016, this sub-project was to investigate and if feasible address the heritage, native title, environmental, tenure, planning and geotechnical issues entailed in extending Gray Street via a raised road/sea wall, to provide additional developable land and provide coastal protection for the Chinatown precinct.

The following components of the original Agreement have been completed:

· Fatal Flaw Analysis

· Confirmation of costings for geotechnical investigation.

As agreed by the Steering Committee, it has been recognised that additional road access is not required to meet traffic requirements until 2031 therefore this sub-project will not continue and no further components will be undertaken.

2. Roebuck Bay Reconnection and Coastal Protection

This sub-project will investigate and if feasible address the heritage, native title, environmental, tenure, planning and geotechnical issues entailed in providing water front access infrastructure along the seaward side of Dampier Terrace.

The following components of the original Agreement have been completed:

· Fatal Flaw Analysis

· Confirmation of costings for geotechnical investigation.

As agreed by the Steering Committee, research and expert advice has indicated it is highly likely that this sub-project would do little to activate Chinatown, therefore this sub-project will not continue and no further components will be undertaken.

3. Kimberley Centre for Culture, Art and Story

The Kimberley Centre will provide Broome and the Kimberley with a major new visitor attraction, situated in Chinatown. The Kimberley Centre will share all the stories (multicultural, pearling, Indigenous etc) of Broome and the Kimberley and aims to whet the appetite of visitors to explore the Kimberley and experience those stories first hand.

This sub-project will undertake a feasibility study and prepare a business case for the Kimberley Centre for Culture, Art and Story (Kimberley Centre). The Kimberley Centre feasibility study will aim to determine:

§ The demand for a Kimberley Centre in Broome

§ Identify potential audience

§ Establish ownership and leadership of the Kimberley Centre

§ Community and industry support for and contributions to the Centre

§ An outline of activities, displays, and uses for the Centre

§ Conceptual Design Brief and spatial requirements

§ Identification of a suitable site

§ Governance and Management Structure

§ Capital and operational cost estimates, revenue and financial viability & sustainability

§ Potential sources of funding: Local State and Federal, Industry, Private / Philanthropic contributions

§ Potential economic impact

4. Dampier Terrace Upgrade

This sub-project will undertake concept design, site services investigation, community engagement, detailed design and construction of a range of upgrades to Dampier Terrace to improve its functions as a pedestrian, traffic, retail and social centre. The upgrade will likely include:

· Traffic calming, shade, improved landscapes supporting pedestrian movement and Wi-Fi.

· Lighting, street furniture, event infrastructure, multi-poles, bubblers, public art and entry statements.

· Improved pathways and connections between Dampier Terrace and Carnarvon Street.

· Improved drainage management through water sensitive urban design.

· Crime prevention through environmental design principles, including lighting to support night time activities.

5. Frederick Street Lookout

This sub-project will undertake design (from preliminary to detailed stages) and stakeholder engagement, address any heritage and environmental issues and then complete construction of an elevated lookout over Roebuck Bay. Royalties for Regions funding is not provided for this sub-project.

6. Tourist Rest Facilities at the Male Oval

This sub-project will investigate and obtain tenure, heritage and environmental approvals for the selected site and then undertake design and construction of tourism facilities at the Male Oval site including landscaping, street furniture, bus parking and a range of other improvements to improve the sites function as a way point for tourists. Royalties for Regions funding is not provided for this sub-project.

7. Connection of Dampier Terrace and Frederick Street

This sub-project will connect Frederick Street and Dampier Terraces via the existing road reserve. This road development will provide functional connectivity, reduce traffic congestion and facilitate the development of blocks to the south of Fredrick Street. Royalties for Regions funding is not provided for this sub-project.

8. Enhanced laneways

This sub-project will determine a strategy with stakeholder engagement, aiming to create at least one new laneway and further activate the existing laneways by enhancing connections between Carnarvon Street and Dampier Terrace and improving shaded connections. Implementation of the strategy will be enabled under this project via a small grants/seed funding program to be delivered by the Recipient.

9. Chinatown Investment and Development Coordinator

This sub-project will fund the employment of a suitably skilled coordinator to implement a commercial and social activation strategy for two years. The role will drive commercial tenant attraction and engagement, connecting small businesses with vacant leases and supporting smaller activation projects such as merchandising, retailer displays, promotional activities and working with traders to enhance their understanding of planning requirements.

The Coordinator will drive an ongoing programme of events, place activation and branding for Chinatown whilst undertaking key communication/information programs for the community on the broader Chinatown revitalisation project. A small grants/seed funding program will be established for appropriate activation projects, to be delivered by the Recipient and the role will be reviewed after 12 months.

10. Carnarvon Street Upgrades

This sub-project will undertake the design, site services investigation, stakeholder engagement and construction required to provide pedestrian, traffic and stormwater management. The upgrade will include:

· Traffic calming, shade, improved landscapes supporting pedestrian movement and Wi-Fi.

· Lighting, street furniture, event infrastructure, multi-poles, bubblers, public art and entry statements.

· Improved pathways and connections between Dampier Terrace and Carnarvon Street.

· Improved drainage management through water sensitive urban design.

· Crime prevention through environmental design principles, including lighting to support night time activities.

4.2. Project Outcome

The outcomes/outputs and the performance measures of the Project are as follows:

Output	Performance Measures		Performance Measure Method
Confirmation of Leveraged Funding
Timing and amount of leveraged funding for the project	Leveraged funding provided for the project on time.		Written confirmation from the Shire of Broome and Tourism WA provided to the Department.
Project Plans for all 10 Sub-projects
Project plans include key review gateways and milestones, detailed budget estimates and risk assessment approved and signed by the project steering committee.	Documented evidence of finalised agreements and project plans including detailed budget and risk assessment provided to the satisfaction of the Department.		Quarterly reports on progress provided to the Department.
Gray Street Extension
· Fatal Flaw Analysis (Environmental, Heritage and other approvals) · Confirmation of Costings for Geotechnical Investigation.	Documents completed on time and to the satisfaction of the Steering Committee and the Department.		Quarterly reports on progress provided to the Department.
Roebuck Bay Reconnection
· Fatal Flaw Analysis (Environmental, Heritage and other approvals) · Confirmation of Costings for Geotechnical Investigation	Documents completed on time and to the satisfaction of the Steering Committee and the Department.		Quarterly reports on progress provided to the Department.
Kimberley Centre Feasibility
Completion of preliminary community stakeholder engagement	Evidence that stakeholder engagement has been undertaken to the satisfaction of the Steering Committee and the Department.		Quarterly reports on progress provided to the Department.
Completion of: · Preliminary investigation into governance models. · Coarse benchmarking of comparable facilities. · Preliminary identification of suitable sites. · Commence stakeholder consultation.	Documents completed on time and to the satisfaction of the Steering Committee and the Department.		Quarterly reports on progress provided to the Department.
· Completion of: Feasibility Study and Business Case	Documents completed on time and to the satisfaction of the Steering Committee and the Department.		Quarterly reports on progress provided to the Department.
Dampier Terrace Upgrade
Completion of: · Preliminary community stakeholder engagement · Functional design brief · Concept design and cost estimates.	Documents completed on time and to the satisfaction of the Steering Committee and the Department.		Quarterly reports on progress provided to the Department.
Tender documentation complete.	Documents completed on time and to the satisfaction of the Steering Committee		Quarterly reports on progress provided to the Department.
Frederick Street Lookout
Construction of an elevated lookout over Roebuck Bay	Documentary evidence of completion.		Quarterly Reports on progress provided to the Department.
Tourist Rest Facilities at Male Oval
Design and construction of tourism facilities at the Male Oval site including, landscaping, street furniture and bus parking	Documentary evidence of completion.		Quarterly Reports on progress provided to the Department.
Connection of Damper Terrace and Frederick Street
Connection of Frederick Street and Dampier Terraces via the existing road reserve	Documentary evidence of completion.		Quarterly Reports on progress provided to the Department.
Enhanced Laneways Strategy and Grant Funding program
Completion of a grant funding strategy (guidelines).	Completion of guidelines on time.		Quarterly reports on progress provided to the Department.
First round of Laneway Enhancement Matching Grants advertised and awarded	Documented evidence provided to the satisfaction of the Department.		Quarterly reports on progress provided to the Department.
Chinatown Investment and Development Coordinator
Recruitment to the position of Chinatown Investment and Development Coordinator.		Evidence that the position has been filled to the satisfaction of the Steering Committee and the Department.	Quarterly reports on progress provided to the Department.
Completion of a grant funding strategy (guidelines) for Chinatown commercial activation activities.		Documentary evidence provided to the Department.	Quarterly reports on progress provided to the Department.
12-month review of position and implementation.		Review undertaken on time and to the satisfaction of the Steering Committee and the Department.	Annual report provided to the Department.
Carnarvon Street Upgrades
Completion of: · Preliminary community stakeholder engagement · Functional design brief · Concept design and cost estimates.		Documents completed on time and to the satisfaction of the Steering Committee and the Department.	Quarterly reports on progress provided to the Department.
Tender documentation complete.		Documents completed on time and to the satisfaction of the Steering Committee.	Quarterly reports on progress provided to the Department.
Complete construction of: · Traffic calming, shade landscaping. · Lighting, street furniture, event infrastructure, multi-poles, bubblers, public art and entry statements. · Pathways and connections between Dampier Terrace and Carnarvon Street.		Construction completed on time and within budget and to relevant standards.	Quarterly reports on progress provided to the Department.

4.3. Project Timeframe

The Recipient agrees to commence the Project within six (6) months after execution of the Agreement and to finalise the Project within six (6) months after the Project Completion Date noted in the table below.

Main Activities / Milestone	Milestone Date
Funding transferred to WA Treasury Account	30 June 2016
Project plans finalised for all 10 sub-projects	31 December 2016
Gray Street Extension
Fatal Flaw Analysis	30 June 2017
Confirmation of Costings for Geotechnical Investigation	30 June 2017
Roebuck Bay Reconnection and Coastal Protection Feasibility
Fatal Flaw Analysis	30 June 2017
Confirmation of Costings for Geotechnical Investigation	30 June 2017
Kimberley Centre Feasibility
Completion of preliminary community stakeholder engagement.	31 December 2016
Completion of: · Preliminary investigation into governance models. · Coarse benchmarking of comparable facilities. · Preliminary identification of suitable sites. · Commence stakeholder consultation.	30 June 2017
Completion of: · commercial analysis of options · governance structure · confirmation of preferred concept.	30 June 2018
Dampier Terrace Upgrade
Completion of: · preliminary community stakeholder engagement · functional design brief · concept design and cost estimates.	30 June 2017
Tender documentation complete.	30 April 2018
Frederick Street Lookout	30 June 2018
Tourist Rest Facilities at Male Oval	30 June 2018
Connection of Dampier Terrace and Frederick Street – completion of works	Completed
Enhanced Laneways Strategy and Grant Funding program
Completion of a grant funding strategy (guidelines).	31 December 2016
First Round of Laneway Enhancement Matching Grants advertised and awarded	31 December 2017
Chinatown Investment and Development Coordinator
Recruitment to the position, establishment of the Chinatown Traders Reference Group and completion of a two year activity plan.	31 December 2016
Completion of a grant funding strategy (guidelines) for Chinatown commercial activation activities.	30 June 2017
12 month review of position and implementation	31 December 2017
Carnarvon Street Upgrades
Completion of: · preliminary community stakeholder engagement · functional design brief · concept design and cost estimates.	30 June 2017
Tender documentation complete.	30 April 2018
Practical Completion
All construction activities for sub projects completed.	31 December 2018
Feasibility Reports and business cases finalised for: Kimberley Centre.	31 December 2018
Project Completion Date	30 June 2019

The Recipient agrees to commence the Project within six (6) months after execution of the Agreement.

4.4. Project Budget

Note: This includes $138,495 of interest earned.

Item of Expenditure	Budget ($)	Source of Funds
Project Management for all 10 Projects	1,237,833	Royalties for Regions
Gray Street Extension	98,669	Royalties for Regions
Roebuck Bay Reconnection and Coastal Protection Feasibility	86,408	Royalties for Regions
Kimberley Centre Feasibility	953,627	Royalties for Regions ($853,627) Tourism WA ($100 000)
Dampier Terrace Upgrade	2,598,559	Royalties for Regions
Frederick Street Lookout	696,613	Royalties for Regions ($96,613) Recipient ($300 000) Tourism WA ($300 000)
Tourist Rest Facilities	838,214	Recipient
Connection of Dampier Terrace and Terrace Street	600,000	Recipient ($300 000) Tourism WA ($300 000)
Enhanced laneways strategy and funding program	290,000	Royalties for Regions
Chinatown Investment and Development Coordinator (over 2 years)	660,000	Royalties for Regions
Carnarvon Street Upgrades	4,778,572	Recipient ($561,786) Royalties for Regions ($4,216,786)
Total Budget	$12,838,495

5. Term of Agreement

The Agreement remains valid from the date of this Agreement until the time the Recipient has properly complied with its Obligations. The previous sentence is subject to those provisions of this Agreement that expressly or impliedly survive expiration of this Agreement.

6. Special Conditions

6.1. Project Governance – Broome Chinatown Revitalisation

Project Governance will be in accordance with the Chinatown Revitalisation – Governance Terms of Reference, November 2016.

6.2. Leveraged Funding

(a) The Recipient must obtain the funding from the sources set out in the table immediately below (Leveraged Funding), which the Recipient must use to carry out the Project in accordance with this Agreement and for no other purpose:

Source of Leveraged Funding	Amount
Recipient	$2,000 000
Tourism Western Australia	$700 000

(b) Despite anything express or implied to the contrary in this Agreement, before the Recipient is entitled to any payment under this Agreement, it has to provide evidence to the Department which proves to the satisfaction of the State, in its absolute discretion, that the Recipient has obtained the Leveraged Funding. If the Recipient does not obtain any part of the Leveraged Funding (that part being the Shortfall), the State may reduce the amount it is to pay the Recipient under this Agreement by the amount of the Shortfall.

6.3. Insurance

6.3.1. Policies of insurance

6.3.1.1. Effecting, maintaining and keeping in force policies of insurance

Subject to sub-item 4.2.1.3 below, the Recipient must effect, maintain and keep in force, or cause to be effected, maintained and kept in force, from the Commencement Date until it receives the Notification (or for a longer period where it is required to keep any insurance current for a longer period as set out in this subitem below) adequate insurance cover in its name for its rights and interests in relation to the Project:

(a) with a reputable and solvent insurer (with a Standard and Poor's rating of not less than A minus) which carries on insurance business in Australia and is authorised in Australia to operate as an insurance company; or

(b) only for insurance policies which the Recipient effects, maintains and keeps in force, with LGISWA instead of an insurer of the type set out in subitem 4.2.1.1(a) immediately above,

including effecting, maintaining and keeping in force, or causing to be effected, maintained and kept in force, the following policies of insurance for the Project:

(c) a public liability policy for an amount of indemnity of not less than 20 MILLION DOLLARS ($20,000,000) (or any higher sum as is determined by the State from time to time (acting reasonably)) for any one occurrence and unlimited as to the number of occurrences which must:

(i) be effected, maintained and kept in force from the Commencement Date until the later of one year from the date the Recipient receives the Notification and the end of any Defects Liability Period;

(ii) must contain or be endorsed to contain an indemnity extension in favour of the State to the extent of its vicarious liability caused, contributed to, or arising directly or indirectly out of the negligent acts or omissions of the Recipient, its employees, contractors or agents in their performance or non-performance of the Project;

(iii) cover liability resulting from loss of or damage to property and the death or illness of, or injury to, any person (other than liability which is required by Law to be insured under a workers compensation policy of insurance) arising out of or in connection with the Project, this Agreement or both;

(iv) be endorsed to cover;

(A) the use of unregistered motor vehicles, plant and equipment; and

(B) sudden and accidental pollution.

(d) where the Recipient has obligations in this Agreement to Construct any Structure, a policy of insurance in relation to all work required for and incidental to the Construction of that Structure and rectifying Defects (Works) which must:

(i) be in the joint names of the Recipient and all agents and contractors employed from time to time in relation to the Works and:

(A) note the State as a person to whom the benefit of the insurance cover provided by that insurance policy extends; and

(B) expressly provide that to the extent (if any) that noting the State in the manner set out in subitem 4.2.1.1(d)(i)(A) above does not have the effect that the State's interests and rights, and liabilities of, and owed to, the State (howsoever these interests, rights and liabilities arise, including if they arise under clause 8(c) of this Agreement) are noted on that insurance policy, that insurance policy also notes those interests, rights and liabilities;

(ii) cover against any and all physical loss or damage to the Works including covering the:

(A) full replacement value of that Structure, including any extension of or addition to that Structure;

(B) the cost of removal of materials and debris from the Site;

(iii) covering the cost of making good resultant damage arising in connection with faulty design;

(iv) provide that any breach of the conditions of this policy of insurance by an insured under the policy will not in any way prejudice or diminish any rights which any other person has under the policy;

(v) provide that the insurance provided under this policy is primary with respect to the interest of the State and any other insurance or self-insurance arrangements maintained by the State is excess to and not contributory with this policy; and

(vi) be effected, maintained and kept in force from the Commencement Date until the end of any Defects Liability Period, or if there is no Defects Liability Period, then until one year from the date the Recipient receives the Notification;

(e) where the Recipient has obligations in this Agreement to Construct any Structure, a vehicle and equipment policy of insurance for the Recipient's vehicles, registered plant and equipment brought on to the Site or used in connection with the Project whether owned, hired or leased (Recipient's Vehicles) in addition to any compulsory motor vehicle third party insurance required to be taken out by the Recipient under any Law. This vehicle and equipment insurance policy must;

(i) cover third party liability for personal injury or death (other than compulsory third party motor vehicle insurance) and property loss or damage involving the Recipient's Vehicles;

(ii) be for not less than $20 million third party liability insurance for any one occurrence and unlimited as to the number of occurrences;

(iii) to the extent available at the times of placement and each renewal, be endorsed to cover the State to the extent of its vicarious liability caused, contributed to, or arising directly or indirectly out of the use of the Recipient's vehicles; and

(iv) be effected, maintained and kept in force from the Commencement Date until the later of one year from the date the Recipient receives the Notification and the end of any Defects Liability Period;

(f) where the Recipient has obligations in this Agreement to Construct any Structure, in addition to the insurance cover set out in subitems 4.2.1.1(d) and 4.2.1.1(e) of this Schedule 4, it must take out, or cause to be taken out, any other policies of insurance consistent with Best Industry Practice for the engineering, design, procurement, supply, Construction, testing and commissioning of the Project, which must be effected, maintained and kept in force from the Commencement Date until the end of any Defects Liability Period, or if there is no Defects Liability Period, then until one year from the date the Recipient receives the Notification;

(g) where the Recipient is in the business of providing professional services, has Obligations to provide professional services, or both, a professional indemnity policy of insurance, which must:

(i) to the extent available at the times of placement and each renewal, be endorsed to contain an indemnity extension in favour of the State if the Recipient has Obligations to provide professional services;

(ii) include one full automatic reinstatement of the limit of liability;

(iii) cover liability arising from any negligent act or omission in connection with or arising out of the professional activities and duties under this Agreement;

(iv) cover claims in respect of this Agreement or otherwise under the Competition and Consumer Act 2010 (Cth), Fair Trading Act 2010 (WA), Fair Trading Act 1987 (WA), and any similar legislation in any other state or territory insofar as they relate to the provision of professional advice; and

(v) be effected, maintained and kept in force from the Commencement Date until seven (7) years from the date the Recipient receives the Notification for not less than five ($5) million for each and every claim and in the aggregate annually; and

(h) a policy of insurance which:

(i) insures against liability under any applicable statute relating to workers or accident compensation for death of, or illness or injury to, natural persons employed or engaged by the Recipient which are required to be insured under the Workers’ Compensation and Injury Management Act 1981 (WA) or equivalent legislation in other Australian jurisdictions in work under this Agreement including liability by statute and, where available, at common law; and

(ii) which must be effected, maintained and kept in force from the Commencement Date until the date the Recipient receives the Notification. Where common law claims are not fully covered under this policy of insurance, the Recipient must effect, maintain and keep in force, or cause to be effected, maintained and kept in force, from the Commencement Date until the date the Recipient receives the Notification a policy of insurance which insures against employer's liability at common law for not less than fifty million dollars ($50,000,000.00) for any one event.

6.3.1.2. Noting the State

In accordance with subitem 4.2.1.1(d), where the Recipient has obligations in this Agreement to Construct any Structure, it must effect, maintain and keep in force, or cause to be effected, maintained and kept in force, a policy of insurance in relation to the Works in the terms set out in that subitem, including noting the State in the manner set out in subitem 4.2.1.1(d)(i). Each other policy of insurance which the Recipient effects, maintains and keeps in force (or causes to be effected, maintained and kept in force) in relation to the Project, must note the interests of the State.

6.3.1.3. State may extend time by which Recipient has to procure certain policies of insurance

The Recipient must comply in full with subitem 4.2.1.1 of this Schedule 4 except that, with respect to the policies of insurance required to be effected, maintained and kept in force (or caused to be effected, maintained and kept in force) set out in subitems 4.2.1.1(d), 4.2.1.1(e) and 4.2.1.1(f), if the State has provided written notice to the Recipient prior to the Commencement Date (which notice, notwithstanding that this Agreement had not been executed at the time the notice was given, must comply with clause 10 of this Agreement as if both parties were bound by clause 10 at the time the notice was given) which:

(a) provides that the Recipient may effect (or cause to be effected) one or more of those policies of insurance from a later date than the Commencement Date; and

(b) specifies the date from which the Recipient must effect, maintain and keep in force (or cause to be effected, maintained and kept in force) that policy of insurance or those policies of insurance (as the case may be),

then the Recipient may effect (or cause to be effected) that policy of insurance or those policies of insurance (as the case may be) from the date specified in that written notice. For the avoidance of doubt, if the State provides written notice of the type outlined in this subitem 4.2.1.3:

(c) the policy of insurance or policies of insurance (as the case may be) to be effected, maintained and kept in force by the Recipient (or which it causes to be effected maintained and kept in force) specified in that written notice must comply in all other respects with the relevant Provisions in subitem 4.2.1.1 (and comply with subitem 4.2.1.2) and only the time by which the Recipient must effect that policy of insurance or those policies of insurance (as the case may be) is altered; and

(d) if that notice only alters the time by which one or some of the policies of insurance set out in subitems 4.2.1.1(d), 4.2.1.1(e) and 4.2.1.1(f) must be effected, the Recipient must still effect the other policy of insurance or policies of insurance (as the case may be) by the Commencement Date.

6.3.2. Proof of insurance

(a) Within ten (10) Business Days from:

(i) the Commencement Date;

(ii) the date the Recipient receives the Notification (except in relation to insurance cover which is only required under this Agreement to be maintained until receipt by the Recipient of the Notification);

(iii) the date any insurance policy is renewed or varied; and

(iv) any other request by the State,

the Recipient must provide the Department with the following information in relation to all insurance cover for the Project (regardless of whether the Recipient or another party effected the policies or whether one or more of the policies are in the joint names of the Recipient and one or more other parties):

(v) certificates of currency from the insurer which provided the insurance. These certificates of currency must be accurate as at the time of issue, must not contain a general disclaimer to the effect that they can not be relied upon and must contain sufficient information to enable the Recipient to demonstrate to the satisfaction of the State in its absolute discretion that the Recipient has complied with its Obligations under item 4.2 of Schedule 4. Where, in the opinion of the State in its absolute discretion, these certificates of currency do not provide this information, then the Recipient must provide such further information as the State may require to demonstrate compliance with the Recipient's Obligations under item 4.2 of Schedule 4. The Recipient is entitled to redact commercially sensitive information in any insurance policies which relates to other projects; and

(vi) receipts for premiums paid for each policy of insurance.

(b) If, after being requested in writing by the State to do so, the Recipient fails to produce evidence (to the satisfaction of the State in its absolute discretion) of compliance with its Obligations under Item 4.2 of Schedule 4, the State may do one or more of the following:

(i) effect and maintain the required insurance and pay the premiums. The amount paid by the State in effecting and maintaining the required insurance is a debt due and payable on demand from the Recipient to the State;

(ii) exercise its rights under clause 11 of this Agreement; or

(iii) suspend one or both of the performance of the Recipient's Obligations and the provision of Funding to the Recipient until evidence that the Recipient has complied with its Obligations under item 4.2 of Schedule 4 is provided to the Department and is satisfactory to the State in its absolute discretion.

The rights given to the State by this subitem 4.2.2(b) of Schedule 4 are in addition to any other rights the State may have.

6.3.3. Recipient's Obligations and Recipient's further obligations

(a) Unless the Recipient first obtains the State's prior written consent, which consent can be given or withheld by the State in its absolute discretion, the Recipient must not:

(i) do, allow to be done by another person (except the State), or suffer the doing of, anything which adversely affects any insurance cover taken out by, or on behalf of, the Recipient or the State in relation to the Project or this Agreement or both, or which may increase the premium on that insurance;

(ii) store or use inflammable, volatile or explosive substances on the site or premises on which the Project is being carried out except those normally used in the Recipient’s business; or

(iii) settle or compromise, or allow any other person (except an insurer who is legally entitled to, and does, take over conduct of the matter) to settle or compromise, any claim under any policy of insurance relating to the Project or this Agreement, or both.

(b) The Recipient must give notice to the Department immediately if:

(v) an event occurs which may give rise to a claim under any of the policies of insurance in relation to the Project (including under any of the policies of insurance held by a sub-contractor or sub-grantee in relation to the Project) and must keep the Department informed of subsequent developments concerning the claim. This requirement does not apply to those occurrences that may give rise to a motor vehicle or worker's compensation claim;

(vi) an event occurs which could adversely affect any of the policies of insurance in relation to the Project (including under any of the policies of insurance held by a sub-contractor or sub-grantee in relation to the Project); or

(vii) any of the policies of insurance in relation to the Project (including under any of the policies of insurance held by a sub-contractor or sub-grantee in relation to the Project) are cancelled.

(c) The Recipient must pay (or procure the payment of) all premiums and all deductibles applicable to the policies of insurance effected by it, or which it causes to be effected, in relation to the Project and promptly reinstate any of these policies which lapse or under which cover is exhausted.

(d) Each policy of insurance effected by the Recipient, or which the Recipient causes to be effected, in relation to the Project must:

(i) provide that where the number of persons (in each case, an "insured") who are either:

(1) named on that policy of insurance; or

(2) otherwise entitled to insurance cover under that policy of insurance,

exceeds one person, that policy of insurance must include a cross liability clause in which the insurer agrees to waive all express and implied rights of subrogation against any insured under that policy and agrees that the term "insured" applies to each insured under that policy as if a separate policy of insurance has been issued to each of them in the same terms as that policy of insurance but not so as to increase the limit of liability or sum insured under that policy;

(ii) state that they are governed by the laws of Western Australia and that each insurer irrevocably submits to the non-exclusive jurisdiction of courts exercising jurisdiction in Western Australia; and

(iii) provide that the excess in any of these policies must not exceed 1% of the insurance amount.

(e) The Recipient must not do or omit to do, and must ensure that the Recipient's personnel (including its agents and contractors) not do or omit to do, any act or thing that would be grounds for an insurer to refuse to pay the whole of or any part of a claim made under any of the insurance policies effected by the Recipient, or which the Recipient causes to be effected, in relation to the Project.

(f) The Recipient must give the Department prior notice of at least one (1) month of the cancellation, non-renewal, or a material alteration to the detriment of cover of any of the insurance policies effected by the Recipient, or which the Recipient causes to be effected, in relation to the Project or in accordance with the Insurance Contracts Act 1984 (Cth).

6.3.4. Insurance policies primary

(a) Each policy of insurance effected by the Recipient, or which the Recipient causes to be effected, in relation to the Project is primary and not secondary to the indemnity given by the Recipient to the State in clause 8(c) of this Agreement. However, the State is not obliged to make a claim or institute proceedings against any insurer under any of these insurance policies before enforcing any of its rights or remedies under the indemnity given by the Recipient to the State in clause 8(c) of this Agreement, or generally. In addition, the parties acknowledge that if a claim is made under any of these insurance policies by the State, it is their intention that the insurer cannot require the State to exhaust the indemnity given by the Recipient to the State in clause 8(c) of this Agreement before the insurer considers or meets the relevant claim.

(b) The Recipient acknowledges that regardless of whether any of the policies of insurance effected by the Recipient, or which the Recipient causes to be effected, in relation to the Project respond or not, and regardless of the reason why any of these insurance policies respond or fail to respond, the Recipient is not released (in whole or in part), from any of its obligations under the indemnity given by the Recipient to the State in clause 8(c) of this Agreement, or any of its Obligations generally.

6.3.5. Settlement of claims

Upon settlement of a claim under any of the policies of insurance effected by the Recipient, or which the Recipient causes to be effected, in relation to the Project, to the extent that the work to be reinstated or services to be repeated have been the subject of a payment of Funding by the State to the Recipient, the State may determine in its absolute discretion whether the Recipient must repay that Funding (and any interest accrued on that Funding) to the State out of the proceeds of insurance or use the proceeds of insurance to reinstate the work or repeat the services for which the Funding was provided. If the State requests that the Recipient repay that Funding (and any interest accrued on that Funding), or any part of that Funding (and any interest accrued on that Funding), to the State, the Recipient must do so:

(a) within ten (10) Business Days of the date of the State's request (if the Recipient has already received the proceeds of insurance); and

(b) within ten (10) Business Days of receipt of the proceeds of insurance (if the Recipient has not received the proceeds of insurance by the date of the State's request).

In order to ensure that the Recipient can fulfil its obligations under this subitem 4.2.5, the Recipient must ensure that any other party (except the State) named as an insured or otherwise noted or covered under any of the policies of insurance effected by the Recipient in relation to the Project, or which the Recipient causes to be effected in relation to the Project, has a contractual obligation to the Recipient to, if it receives proceeds of insurance under any of those policies, pay on request:

(a) the Recipient; or

(b) the State if directed by the Recipient to do so,

within a sufficient timeframe a sufficient part of those proceeds of insurance, to enable the Recipient to fulfil its obligation to the State in this subitem 4.2.5.

6.3.6. Insurance review

(a) The State may, from time to time, review the adequacy and appropriateness of the policies of insurance effected by the Recipient, or which the Recipient causes to be effected, in relation to the Project. As part of this review, the State may ascertain whether, in the State's reasonable opinion, any additional insurance policies are required, or whether any insurance policies effected by the Recipient, or which the Recipient causes to be effected, in relation to the Project and maintained at the time of the review are still required or require amendment.

(b) To allow the State to perform this function, it may make a request for the documents set out in subitem 4.2.2 of this Schedule 4 which the Recipient must comply with.

(c) The Recipient must commence negotiations to obtain insurances or amend the policies of insurance effected by the Recipient, or which the Recipient causes to be effected, in relation to the Project within ten (10) Business Days of receiving notice from the State to do so, and must, as soon as practicable thereafter at the Recipient's own cost, obtain insurances or amend the policies of insurance effected by the Recipient, or which the Recipient causes to be effected, in relation to the Project to reflect the recommendations made by the State following its review.

(d) The Recipient must promptly notify the Department if it is unable to, or it becomes apparent that it will be unable to, comply with the recommendations arising in connection with the State's review. The parties must determine what action, if any, is to be taken following receipt of this notice.

6.4. Local Products and Services

The Recipient agrees to comply with the State’s Buy Local Policy and Building Local Industry Policy when purchasing goods or services or works for the Project.

6.5. Aboriginal Participation

In carrying out the Project, the Recipient must comply with any applicable State policies in relation to creating employment opportunities and engaging and developing relationships with Indigenous peoples.

Item 9.2.5 - Local Government Property and Public Places Amendment Local Law 2017

Local Law Published in the Government Gazette – [insert date], No [insert]

____________________________________________________________________________

LOCAL GOVERNMENT ACT 1995

SHIRE OF BROOME

LOCAL GOVERNMENT PROPERTY AND PUBLIC PLACES LOCAL LAW 2016

LOCAL GOVERNMENT ACT 1995

SHIRE OF BROOME

LOCAL GOVERNMENT PROPERTY AND PUBLIC PLACES LOCAL LAW 2016

CONTENTS

Part 1 - Preliminary

1.1 Title

1.2 Commencement

1.3 Application of local law

1.4 Repeal

1.5 Definitions

1.6 Assistance animals

Part 2 – Determinations in respect of local government property

Division 1 - Determinations

2.1 Determinations as to use of local government property

2.2 Procedure for making a determination

2.3 Discretion to erect sign

2.4 Determination to be complied with

2.5 Register of determinations

2.6 Amendment or revocation of a determination

Division 2 - Activities which may be pursued or prohibited under a determination

2.7 Activities which may be pursued on specified local government property

2.8 Activities which may be prohibited on specified local government property

Division 3 - Transitional

2.9 Signs taken to be determinations

Part 3 - Permits

Division 1 - Preliminary

3.1 Application of Part

Division 2 - When a permit is required

3.2 Activities needing a permit

3.3 Permit required to camp outside a facility

3.4 Permit required for possession and consumption of liquor

Division 3 Applying for a permit

3.5 Application for permit

3.6 Decision on application for permit

3.7 Factors relevant to the determination of an application

Division 4 - Conditions

3.8 Conditions which may be imposed on a permit

3.9 Compliance with and variation of conditions

Division 5 - General

3.10 Duration of permit

3.11 Renewal of permit

3.12 Transfer of permit

3.13 Production of permit

3.14 Cancellation of permit

Division 6 – Responsibilities of permit holder

3.15 Responsibilities of permit holder

Part 4 - Behaviour in public places

Division 1 - Behaviour on and interference with local government property

4.1 Behaviour which interferes with others

4.2 Behaviour detrimental to a public place

4.3 Adequate clothing and loitering outside toilets

4.4 Taking or injuring any fauna

4.5 Entry to local government property

Division 2 - Fees for use of local government property

4.6 Payment of applicable fees for entry or participation

4.7 No refund of fees

Division 3 - Signs

4.8 Signs

Part 5 – Hiring of local government property

5.1 Application for hire

5.2 Decision on application where 2 or more applicants

5.3 Conditions of hire and use

5.4 Responsibilities of hirer

Part 6 – Swimming pools and water parks

6.1 Use of all or part of a pool premises

6.2 When entry to and use of pool premises will be refused

6.3 When entry to and use of pool premises may be refused

6.4 Person to comply with direction

6.5 Decency

6.6 Objection or Appeal against refusal of admission

6.7 Carnivals

6.8 Closure of pool premises

6.9 Limitations on use

6.10 Ticket or membership card not transferable

Part 7 – Beaches and bathing

7.1 Sandboarding and sand dune protection

7.2 Boat launching

7.3 Surf life saving activities

7.4 Identification of life saving patrol

7.5 Compliance with signs and directions

7.6 Fishing

7.7 Surfboards and boats

7.8 Authority of local government authorised employee to prevail

Part 8 – Activities on verges and footpaths

Division 1 - Verge treatments

8.1 Interpretation

8.2 Verge treatment

8.3 Permissible verge treatments

8.4 Owner’s or occupier's responsibilities for verge treatments

8.5 Installation of hardstand surface on a verge for the parking of cars

8.6 Enforcement

Division 2 - Vehicle crossings

8.7 Standard vehicle crossings

Division 3 - Protection of footpaths

8.8 Footpath protection

Part 9 - Advertising signs on local government property and thoroughfares

Division 1- Preliminary

9.1 Definitions

9.2 Person taken to own advertising sign

Division 2- Permit

9.3 Permit required for advertising signs and portable direction signs

9.4 Matters to be considered in determining application for permit

Division 3- Conditions on permit

9.5 Conditions on portable sign

9.6 Conditions on election sign

Part 10 – Damage to and closed thoroughfares

Division 1 - Damage to thoroughfares

10.1 Notice to repair damage to thoroughfare

Division 2 - No driving on closed thoroughfares

10.2 No access without consent

Part 11 – Shopping trolleys

11.1 Name of owner of shopping trolley

11.2 Shopping trolleys in public places

11.3 Shopping trolley to be removed by retailer

11.4 Retailer taken to own shopping trolley

Part 12 – Secured sum

12.1 Security for restoration and reinstatement

Part 13 – Remedy for breach

13.1 Notice requiring works to be done

Part 14 - Miscellaneous

14.1 Public liability insurance and indemnity

14.2 Directions of authorised person

14.3 Disposal of lost and found property

Part 15 – Offences and penalties

15.1 Offences

15.2 Infringement and infringement withdrawal notices

15.3 Offence description and modified penalty

Part 16 - Objections and review

16.1 Application of Division 1, Part 9 of the Act

Schedule 1 – Prescribed Offences

Schedule 2 – Determinations

Schedule 3 – Definition of “weed”

LOCAL GOVERNMENT ACT 1995

SHIRE OF BROOME

LOCAL GOVERNMENT PROPERTY AND PUBLIC PLACES LOCAL LAW 2016

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] 2016 to make the following local law.

Part 1 – Preliminary

1.1 Title

This local law may be referred to as the Shire of Broome Local Government Property and Public Places Local Law 2016.

1.2 Commencement

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

1.3 Application of local law

This local law applies except where indicated otherwise throughout the district and in the sea adjoining the district for a distance of 200 metres seawards of the local government’s western district boundary which is bound by the low water mark of the Indian Ocean.

1.4 Repeal

The Shire of Broome Local Government Property and Public Places Local Law 2012 as published in the Government Gazette on 23 October 2012 and as amended on 20 September 2013 and 6 January 2015 is repealed.

1.5 Definitions

(1) In this local law, unless the context otherwise requires -

Act means the Local Government Act 1995;

animal means any living thing that is not a human being or plant;

applicant means a person who has lodged an application for a permit;

application for a permit means an application for a permit referred to in clause 3.5;

approval means an application for a permit which has been approved by the local government under clause 3.6(1)(a);

article in respect of lost property, includes money;

attendant means an employee of the local government duly authorised to perform duties in connection with a pool premises;

authorised person means -

(a) a person appointed by the local government under section 9.10 of the Act to perform any of the functions of an authorised person under this local law; and

(b) any member of the Western Australian Police Force;

bathing means the act of entering the sea, a swimming pool or other water body to swim or use a bathing appliance and includes the act of emerging therefrom;

bathing appliance means a float of any material, including kick boards, paddle boards, body boards, or any other device used or capable of being used for the purpose of bathing;

beach includes so much of the sea adjoining the beach as is within the application of this local law;

boat means any structure vessel, excluding personal watercraft, whether motorised or not and made or used to travel or float on water or travel under water;

Broome townsite area means the area of the district constituted as the Broome townsite under the Land Administration Act 1997;

carriageway has the meaning given to it in the Road Traffic Code 2000;

CEO means the Chief Executive Officer of the local government;

closed thoroughfare means a thoroughfare wholly or partly closed under section 3.50 or section 3.50A of the Act;

commencement day means the day on which this local law comes into operation;

Council means the council of the local government;

development approval means approval granted by the local government in accordance with the Planning and Development Act 2005;

district means the district of the local government;

event means an occurrence held within the district by a person(s)/group/organisation, where people assemble at a given time for entertainment, recreation or community purposes and includes but is not limited to -

(a) concerts and events run as a commercial activity;

(b) ceremonies and processions;

(d) shows and fairs including circuses, carnivals and other customised venue based events;

(e) festivals, exhibitions and expos; and

(f) community events and fundraisers;

fishing means to use any line, lure, rod, pot or other method for the purpose of catching marine life;

footpath means an area that is open to the public that is designated for, or has as 1 of its main uses, use by pedestrians;

garden means any part of a verge planted, developed or treated otherwise than as a lawn, with 1 or more plants;

indecent exposure means the revealing to view those parts of the body, especially the genitals, which by law and convention should be covered by clothing under the given circumstances;

intersection has the meaning given to it in the Road Traffic Code 2000;

large animal includes a cow, horse, pig, sheep, goat or camel;

lawn means any part of a verge which is planted only with grass, or with a similar plant, but may include any other plant provided that it has been planted by the local government;

life saving club means a life saving club affiliated with Surf Life Saving Western Australia;

life saving gear means any gear or appliance for use in life saving or for use in the training of members of a life saving club;

life saving patrol means a patrol comprising such members of a life saving club as are appointed by that club from time to time to provide life saving services in an area, and the term includes any local government employee authorised to perform any of the functions in clause 7.3;

liquor has the meaning given to it in section 3 of the Liquor Control Act 1988;

local government means the Shire of Broome;

local government facility means any building, function room, hall, sports field or premises that is owned or managed by the local government and made available for use by arrangement or during certain opening hours;

local government property means anything -

(a) which belongs to, is owned by or is under the care, control and management of the local government;

(b) which is an “otherwise unvested facility” within section 3.53 of the Act, but does not include a thoroughfare; or

(c) of which the local government is a management body under the Land Administration Act 1997; local planning scheme means a local planning scheme of the local government made under the Planning and Development Act 2005;

lot has the meaning given to it in section 4 of the Planning and Development Act 2005;

manager means the person for the time being employed, contracted or appointed by the local government to manage any pool premises and includes any assistant or deputy;

nuisance means -

(a) an activity or condition which is harmful or annoying and which gives rise to legal liability in the tort of public or private nuisance at law;

(b) an unreasonable interference with the use and enjoyment of a person of his or her ownership or occupation of land; or

patrol flag means a flag or notice ordinarily erected at the limits of a bathing area to indicate the extremities of that area;

permit means a permit issued under this local law;

permit holder means a person who holds a valid permit;

person does not include an authorised person performing a function of the local government;

personal watercraft means any vessel designed for the transport of 1, 2, or 3 persons that -

(a) is propelled by means of an inboard motor powering a water jet pump; and

(b) is designed to be steered by means of handlebars by a person sitting, standing or kneeling on the vessel and not within it;

pool premises means and includes any swimming pool or water park that is local government property and all buildings, fences, gardens, car parks, structures, fittings, fixtures, machinery, chattels, furniture and equipment forming part of the swimming pool facility or used in connection with it;

public place means -

(a) any thoroughfare or local government property; or

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

retailer means a proprietor of a shop which provides shopping trolleys for the use of customers of the shop;

Regulations mean the Local Government (Functions and General) Regulations 1996;

sandboard means a board designed to be used for sliding down a slope of land or a sand dune or any similar device;

shopping trolley means a container or receptacle on wheels provided by a retailer for its customers to transport goods;

sign includes a notice, flag, mark, structure or device approved by the local government on which may be shown words, numbers, expressions or symbols;

surfboard means flotation device designed and used for the purpose of riding waves that includes 1 or more fins, which is capable of or may endanger the safety of swimmers;

thoroughfare means a road or other thoroughfare including parking areas, structures or other things appurtenant to the thoroughfare that are within its limits, and nothing is prevented from being a thoroughfare only because it is not open at each end;

verge means that part of a thoroughfare that lies between the front of a property and the edge of the carriageway;

vehicle includes every conveyance and every object capable of being propelled or drawn on wheels, tracks or otherwise and an animal being ridden, driven or led, but excludes -

(a) a wheelchair or any device designed for use by a physically impaired person on a footpath;

(b) a pram, stroller or similar device; and

vehicle crossing means a crossing giving access from a public thoroughfare to either private land or a private thoroughfare serving private land;

weed has the meaning specified in Schedule 3; and

zoned means zoned under a local planning scheme.

(2) In this local law, a reference to local government property or a public place includes the reference to any part, respectively, of that local government property or public place.

1.6 Assistance animals

This local law is subject to any written law and law of the Commonwealth about assistance animals as defined in the Disability Discrimination Act 1992 (Commonwealth) section 9(2).

Part 2 – Determinations in respect of local government property

Division 1 - Determinations

2.1 Determinations as to use of local government property

(1) The local government may make a determination in accordance with clause 2.2 –

(a) setting aside specified local government property for the pursuit of all or any of the activities referred to in clause 2.7;

(b) prohibiting a person from pursuing all or any of the activities referred to in clause 2.8 on specified local government property;

(d) as to any matter ancillary or necessary to give effect to a determination.

(2) The determinations in Schedule 2 –

(a) are to be taken to have been made in accordance with clause 2.2;

(b) may be amended or revoked in accordance with clause 2.6; and

2.2 Procedure for making a determination

(1) The local government is to give local public notice of its intention to make a determination.

(2) The local public notice referred to in subclause (1) is to state that –

(a) the local government intends to make a determination, the purpose and effect of which is summarised in the notice;

(b) a copy of the proposed determination may be inspected and obtained from the offices of the local government; and

(c) submissions in writing about the proposed determination may be lodged with the local government within 21 days after the date of publication.

(3) If no submissions are received in accordance with subclause (2)(c), the Council is to decide to –

(a) give local public notice that the proposed determination has effect as a determination on and from the date of publication;

(b) amend the proposed determination, in which case subclause (5) will apply; or

(4) If submissions are received in accordance with subclause (2)(c) the Council is to –

(a) consider those submissions; and

(b) decide –

(i) whether or not to amend the proposed determination; or

(ii) not to continue with the proposed determination.

(5) If the Council decides to amend the proposed determination, it is to give local public notice –

(a) of the effect of the amendments; and

(b) that the proposed determination has effect as a determination on and from the date of publication.

(6) If the Council decides not to amend the proposed determination, it is to give local public notice that the proposed determination has effect as a determination on and from the date of publication.

(7) A proposed determination is to have effect as a determination on and from the date of publication of the local public notice referred to in subclauses (3), (5) and (6).

(8) A decision under subclause (3) or (4) must not be delegated by the Council.

2.3 Discretion to erect sign

The local government may erect a sign on local government property to give notice of the effect of a determination which applies to that property.

2.4 Determination to be complied with

A person must comply with a determination.

2.5 Register of determinations

(1) The local government is to keep a register of determinations made under clause 2.1, and of any amendments to or revocations of determinations made under clause 2.6.

(2) Sections 5.94 and 5.95 of the Act apply to the register referred to in subclause (1) and for that purpose the register is to be taken to be information within section 5.94(u)(i) of the Act.

2.6 Amendment or revocation of a determination

(1) The Council may amend or revoke a determination.

(2) The provisions of clause 2.2 are to apply to an amendment of a determination as if the amendment were a proposed determination.

(3) If the Council revokes a determination it must give local public notice of the revocation and the determination ceases to have effect on the date of publication.

Division 2 - Activities which may be pursued or prohibited under a determination

2.7 Activities which may be pursued on specified local government property

(1) A determination may provide that specified local government property is set aside as an area on which a person may –

(a) bring, ride or drive an animal;

(b) take, ride or drive a vehicle, or a particular class of vehicle;

(d) use a children’s playground provided that the person is under an age specified in the determination;

(e) launch, beach or leave a boat;

(f) take or use a boat, or a particular class of boat;

(g) deposit refuse, rubbish or liquid waste, whether or not of particular classes, and whether or not in specified areas of that local government property;

(h) play or practice –

(i) golf or archery;

(ii) pistol or rifle shooting, but subject to the compliance of that person with the Firearms Act 1973; or

(iii) a similar activity, specified in the determination, involving the use of a projectile which in the opinion of the local government may cause injury or damage to a person or property;

(i) ride a bicycle, a skateboard, rollerblades, a sandboard or a similar device; and

(j) wear no clothing.

(2) A determination may specify the extent to which and the manner in which an activity referred to in subclause (1) may be pursued and in particular –

(a) the days and times during which the activity may be pursued;

(b) that an activity may be pursued on a class of local government property, specified local government property or all local government property;

(d) may limit the activity to a class of vehicles, boats, equipment or things, or may extend it to all vehicles, boats, equipment or things;

(e) may specify that the activity can be pursued by a class of persons or all persons; and

(f) may distinguish between different classes of the activity.

2.8 Activities which may be prohibited on specified local government property

(1) A determination may provide that a person is prohibited from pursuing all or any of the following activities on specified local government property -

(a) smoking on premises;

(b) riding a bicycle, a skateboard, rollerblades, a sandboard or a similar device;

(d) riding or driving a vehicle of a particular class or any vehicle above a specified speed;

(e) taking or using a boat, or a particular class of boat;

(f) the playing or practice of -

(i) golf, archery, pistol shooting or rifle shooting; or

(ii) a similar activity, specified in the determination, involving the use of a projectile which in the opinion of the local government may cause injury or damage to a person or property;

(g) the playing or practice of any ball game which may cause detriment to the property or any fauna on the property; and

(h) the traversing of sand dunes or land which in the opinion of the local government has environmental value warranting such protection, either absolutely or by limiting the traversing of sand dunes or land to paths provided for that purpose.

(2) A determination may specify the extent to which and the manner in which a person is prohibited from pursuing an activity referred to in subclause (1) and, in particular –

(a) the days and times during which the activity is prohibited;

(b) that an activity is prohibited on a class of local government property, specified local government property or all local government property;

(c) that an activity is prohibited in respect of a class of vehicles, boats, equipment or things, or all vehicles, boats, equipment or things;

(d) that an activity is prohibited in respect of a class of persons or all persons; and

(e) may distinguish between different classes of the activity.

(3) In this clause –

premises means a building, stadium or similar structure which is local government property, but not an open space such as a park or a playing field.

Division 3 - Transitional

2.9 Signs taken to be determinations

(1) Where a sign erected on local government property has been erected under a local law of the local government repealed by this local law, then it is to be taken to be and have effect as a determination on and from the commencement day, except to the extent that the sign is inconsistent with any provision of this local law or any determination made under clause 2.1.

(2) Clause 2.5 does not apply to a sign referred to in subclause (1).

Part 3 - Permits

Division 1 - Preliminary

3.1 Application of Part

This Part does not apply to a person who uses or occupies a public place:

(a) under a written agreement with the local government to do so; or

(b) subject to a licence issued in accordance with the local government’s Trading, Outdoor Dining and Street Entertainment Local Law 2016.

Division 2 - When a permit is required

3.2 Activities needing a permit

(1) A permit is required to undertake the following activities –

(a) subject to subclause (3), hire local government property;

(b) advertise anything by any means on local government property or a thoroughfare;

(d) teach, coach or train for profit any person in a pool area or an indoor recreation facility which is local government property;

(e) plant any plant or sow any seeds on local government property or a thoroughfare, except where this is done to establish a permissible verge treatment in accordance with clause 8.3;

(f) carry on any trading within a public place unless the trading is conducted with the consent of a person who holds a permit to conduct an event and the trading is carried out in accordance with the permit; or

(g) unless undertaken by an employee of the local government in the course of her or his duties or on an area set aside for that purpose -

(i) drive or ride or take any vehicle on to local government property;

(ii) park or stop any vehicle on local government property; or

(iii) take or ride a large animal or large animals within a public place;

(h) conduct an event within a public place;

~~(i) conduct an event on private land, except where the carrying out of the event on that property:~~

~~(i) is consistent with a development approval, if 1 is required in accordance with the Planning and Development Act 2005; and~~

~~(ii) a certificate of approval for a public building has been issued for the private land in accordance with the Health Act 1911 and the event is consistent with the certificate of approval;~~

(j) light a fire except in a facility provided for that purpose;

(k) parachute, hang glide, abseil or base jump from or on to local government property or a thoroughfare;

(l) erect a building or a refuelling site on local government property or a thoroughfare;

(m) make any excavation on or erect or remove any fence on local government property or a thoroughfare;

(n) undertake any works on local government property or a thoroughfare including but not limited to constructing a crossover, constructing a footpath, landscaping, roadworks and works to install sewerage, water, power and communications infrastructure;

(o) depasture any horse, sheep, cattle, goat, camel, ass or mule on local government property or a thoroughfare;

(p) conduct or take part in any gambling game or contest or bet, or offer to bet, from local government property or a thoroughfare;

(q) use or set off fireworks; or

(r) land an aircraft or helicopter on local government property or a thoroughfare.

(2) A person must not undertake an activity listed in subclause (1) without a permit.

(3) The local government may exempt a person from compliance with subclause (1) on the application of that person.

(4) The local government may exempt specified places or a class of local government property from the application of subclause (1)(a).

3.3 Permit required to camp outside a facility

(1) In this clause –

camping means to carry out activities associated with habitation including but not limited to sleeping, cooking, laundry, ablutions or other domestic tasks.

facility has the same meaning as is given to it in section 5(1) of the Caravan Parks and Camping Grounds Act 1995.

goods has the same meaning as is given to it in section 3.38 of the Act.(2) This clause does not apply to a facility operated by the local government.

(3) A person must not without a permit -

(a) camp on, lodge at or occupy any structure at night for the purpose of sleeping in a public place;

(b) undertake camping in a public place;

(c) erect any tent, camp, hut or similar structure in a public place other than a beach shade or windbreak erected for use during the hours of daylight and which is dismantled during those hours on the same day; or

(d) park a vehicle in a public place for the purpose of camping in or around the vehicle.

(4) The maximum period for which the local government may approve an application for a permit in respect of paragraphs (a), (b) or (c) of subclause (3) is that provided in regulation 11(2)(a) of the Caravan Parks and Camping Grounds Regulations 1997.

(5) Any tent, camp, hut or similar structure erected in contravention of paragraphs (b) or (c) of subclause (3) and associated goods may, subject to regulation 29 of the Regulations, be impounded.

(6) A vehicle used or parked in contravention of paragraphs (b) or (d) of subclause (3) may, subject to the provisions of regulation 29 of the Regulations, be impounded by immobilising the vehicle by the use of wheel clamps.

(7) An authorised person who impounds a vehicle under subclause (6) must attach a notice to the vehicle advising the owner of the vehicle that:

(a) the vehicle will be released upon payment of the costs of impounding;

(b) the place where and hours during which the costs can be paid; and

(8) Notices issued under this clause will be in the form determined by the CEO.

3.4 Permit required for possession and consumption of liquor

(1) A person must not, on local government property, consume any liquor or have in her or his possession or under her or his control any liquor, unless –

(a) it is permitted under the Liquor Control Act 1988; and

(b) a permit has been obtained under this local law for that purpose.

(2) Subclause (1) does not apply where the liquor is in a sealed container.

Division 3 - Applying for a permit

3.5 Application for permit

(1) Where a person is required to obtain a permit under this local law, that person must apply for the permit in accordance with subclause (2).

(2) An application for a permit under this local law must -

(a) be in the form determined by the local government;

(b) be signed by the applicant;

(d) be forwarded to the CEO together with the application fee.

(3) The local government may require an applicant to provide additional information reasonably related to an application before determining an application for a permit.

(4) The local government may require an applicant to give local public notice of the application for a permit.

(5) The local government may refuse to consider an application for a permit which is not in accordance with subclause (2).

3.6 Decision on application for permit

(1) The local government may –

(a) approve an application for a permit unconditionally or subject to any conditions; or

(b) refuse to approve an application for a permit.

(2) If the local government approves an application for a permit, it will issue to the applicant a permit in the form determined by the local government.

(3) If the local government refuses to approve an application for a permit, it will give written notice of that refusal to the applicant.

3.7 Factors relevant to the determination of an application

(1) In deciding whether to approve an application for a permit, the local government:

(a) may assess the application for a permit in accordance with the provisions of any relevant policy that applies to the proposed use or occupation of the public place;

(b) must satisfy itself that the proposed use or occupation of the public place –

(i) will not result in harm to human health or safety or personal injury;

(ii) will not result in property damage or a loss of amenity;

(iii) will not result in environmental harm or environmental nuisance; and

(iv) will not result in a nuisance.

(2) Before the local government decides an application for a permit, an authorised person may –

(a) inspect any vehicle, equipment, animal, plant or thing to be involved in the undertaking of the activity; and

(b) measure, weigh, sample, test or otherwise examine anything that may be inspected.

Division 4 - Conditions

3.8 Conditions which may be imposed on a permit

(1) Without limiting the generality of clause 3.6(1)(a), the local government may approve an application for a permit subject to conditions relating to -

(a) the payment of a fee and the timing for the payment of that fee;

(b) compliance with the provisions of any relevant policy that applies to the proposed use or occupation of the public place;

(d) the commencement of the permit being contingent upon an occurrence;

(e) the rectification, remedying or restoration of a situation or circumstance reasonably related to the application;

(f) the requirement for approval under any written law;

(g) the area of the district to which the permit applies;

(h) where a permit is issued for an activity which will or may cause damage to local government property, the payment of a deposit or bond against such damage;

(i) payment of a bond for cleaning expenses;

(j) restrictions on the erection of material or external decorations;

(k) rules about the use of furniture, plant and effects;

(l) limitations on the number of persons who may attend an event;

(m) the duration of the hire of local government property and whether or not the hire is for the exclusive use of the local government property;

(n) the right of the local government to cancel a booking during the course of an annual or seasonal booking, if the local government sees fit;

(o) the prohibition on the sale, supply or consumption of liquor;

(p) the provision of an indemnity from the applicant, indemnifying the local government in respect of any injury to any person or any damage to any property which may occur in connection with the proposed use or occupation of the public place; and

(q) the obtaining of a policy of insurance in an amount and on terms reasonably required by the local government.

3.9 Compliance with and variation of conditions

(1) Where an application for a permit has been approved subject to conditions, the permit holder must comply with each of those conditions.

(2) The local government may vary the conditions of a permit, and the permit holder must comply with those conditions as varied.

Division 5 - General

3.10 Duration of permit

A permit is valid for 1 year from the date on which it is issued, unless it is –

(a) otherwise stated in this local law or in the permit; or

(b) cancelled under clause 3.15.

3.11 Renewal of permit

(1) A permit holder may apply to the local government in writing prior to expiry of a permit for the renewal of the permit.

(2) The provisions of this Part apply to an application for the renewal of a permit with appropriate modifications.

3.12 Transfer of permit

(1) An application for the transfer of a valid permit must –

(a) be made in writing;

(b) be signed by the permit holder and the proposed transferee of the permit;

(d) be forwarded to the CEO together with any fee imposed and determined by the local government.

(2) Subject to clause 16.1, the local government may approve an application for the transfer of a permit, refuse to approve it or approve it subject to conditions.

(3) Where the local government approves or refuses the transfer of a permit, it is not required to refund any part of any fee paid by the former permit holder.

(4) Where the local government refuses to approve the application for the transfer of a permit and the permit holder does not wish to continue as the permit holder, the permit holder must return the permit as soon as practicable to the CEO.

3.13 Production of permit

A permit holder must produce to an authorised person her or his permit immediately upon being required to do so by that authorised person.

3.14 Cancellation of permit

(1) Subject to clause 16.1, a permit may be cancelled by the local government if the permit holder has not complied with a –

(a) condition of the permit; or

(b) determination or a provision of any written law which relates to the activity regulated by the permit.

(2) On the cancellation of a permit the permit holder -

(a) must return the permit as soon as practicable to the CEO; and

(b) is taken to have forfeited any fees paid in respect of the permit.

Division 6 - Responsibilities of permit holder

3.15 Responsibilities of permit holder

A holder of a permit must -

(a) ensure that an authorised person has unobstructed access to any public place for the purpose of inspecting the public place or enforcing any provision of this local law;

(b) where the permit relates to an activity on local government property or a thoroughfare:

(i) leave the local government property or thoroughfare in a clean and tidy condition after its use;

(ii) report any damage or defacement of the local government property or thoroughfare to the local government;

(iii) take steps to repair or rectify any damage or defacement of the local government property or thoroughfare as directed by the local government; and

(iv) prevent the consumption of any liquor on the local government property or thoroughfare unless –

A. the permit allows it; and

B. if applicable, a licence has been obtained under the Liquor Control Act 1988 for that purpose.

Part 4 - Behaviour in public places

Division 1 - Behaviour on and interference with local government property

4.1 Behaviour which interferes with others

A person must not, in a public place, behave in a manner which—

(a) is likely to interfere with the enjoyment of a person who might use the place;

(b) interferes with the enjoyment of a person using the place or nearby private land; or

4.2 Behaviour detrimental to a public place

(1) A person must not behave on local government property or a thoroughfare in a way which is or might be detrimental to the place.

(2) In subclause (1) –

detrimental to the place includes –

(a) removing any thing from the place such as a rock, a plant or a seat provided for the use of any person;

(b) destroying, defacing or damaging any thing within the place, such as a plant, a seat provided for the use of any person or a building; and

4.3 Adequate clothing and loitering outside toilets

(1) A person over the age of 6 years must not in any public place –

(a) be present unless dressed in a manner which prevents indecent exposure, except where the local government property is set aside for the wearing of no clothes under clause 2.7;

(b) loiter outside or act in an unacceptable manner in any portion of a toilet or dressing room; or

(c) without the consent of the occupier, attempt to enter any dressing room or other compartment which is already occupied.

(2) Where an authorised person considers that a person on or in a public place is not dressed in a manner which prevents indecent exposure, an authorised person may direct that person to put on adequate clothing which prevents indecent exposure, and that person must comply with the direction immediately.

4.4 Taking or injuring any fauna

(1) A person must not take, injure or kill or attempt to take, injure or kill any fauna which is on or above any local government property or thoroughfare, unless that person is authorised under a written law to do so.

(2) In this clause –

fauna means any animal indigenous to or which periodically migrates to any State or Territory of the Commonwealth or the territorial waters of the Commonwealth and includes in relation to any such animal –

(a) any class of animal or individual member;

(b) the nests, eggs or larvae; or

4.5 Entry to local government property

A person, other than a contractor of the local government carrying out a contracted duty, must not –

(a) enter or leave any local government property other than by the public entrance or exit, except in an emergency;

(b) enter or remain on any local government property except on those days and during those times when access is available to the public; or

Division 2 - Fees for use of local government property

4.6 Payment of applicable fees for entry or participation

Where a fee is payable for entry to local government property or participation in an activity on or in any local government property, a person must not enter that property or participate in the activity without first paying the applicable fee, unless that person has been exempted by the local government from paying that fee.

4.7 No refund of fees

(1) A person will not be entitled to a refund of any fee paid for bathing or using any facilities provided for public use in a pool premises.

(2) Where the hire of local government property is cancelled, the local government may, at its sole discretion, authorise repayment of part or all of the amount paid.

Division 3 - Signs

4.8 Signs

(1) A local government may erect a sign on local government property specifying any conditions of use which apply to that property.

(2) A person must comply with a sign erected under subclause (1).

(3) A condition of use specified on a sign erected under subclause (1) must –

(a) not be inconsistent with any provision of this local law or any determination; and

(b) be for the purpose of giving notice of the effect of a provision of this local law.

Part 5 – Hiring of local government property

5.1 Application for hire

(1) The local government may hire local government property to a person who makes an application for a permit for the hire of the local government property under clause 3.2 and who pays the hire fee, if the local government approves the application under clause 3.6.

(2) The local government may determine that the requirements of subclause (1) do not apply to the hiring of particular local government property or a class of local government property.

5.2 Decision on application where 2 or more applicants

In the event of 2 or more applications being made for the hire of the same local government property for the same date and time, the local government may determine which, if any, applicant will be granted an approval to hire.

5.3 Conditions of hire and use

The conditions that may relate to a permit for hire of local government property include–

(a) the amount of any fees and charges and when they are to be paid;

(b) the purpose for which the local government property may be used;

(d) payment of a bond against possible damage, cleaning or other expenses;

(e) restrictions on the erection of decorations inside and outside any building which is local government property;

(f) restrictions on use of furniture, plants and effects;

(g) the number of persons that may attend any event in a building which is local government property;

(h) the right of the local government to cancel a booking at any time during the course of an annual or seasonal booking;

(i) the prohibition of the consumption of liquor unless an approval has been issued by the local government;

(j) the prohibition of or any restrictions on the sale and supply of liquor;

(k) securing and locking up local government property at the end of each hire period;

(l) the prohibition of gaming;

(m) restrictions on the type of container (whether of glass, metal, plastic or other) that drinks may be provided and served in or consumed from;

(n) requiring that the amplification of any noise or any noise emitted during the duration of the hire complies at all times with the Environmental Protection (Noise) Regulations 1997; and

(o) any other condition that the local government considers fit.

5.4 Responsibilities of hirer

The holder of a permit for the hire of local government property must –

(a) take reasonable steps to maintain law and order by all in attendance at any event for which the local government property has been hired;

(b) ensure that an authorised person has unobstructed access to the local government property for the purpose of inspecting the local government property or enforcing any provision of this local law;

(d) leave the local government property in a clean and tidy condition after its use;

(e) prevent the sale and consumption of any liquor unless a licence has been obtained under the Liquor Control Act 1988 for that purpose, and the local government has approved the sale and consumption of the liquor;

(f) report any damage or defacement to the local government property to the local government forthwith;

(g) take steps to repair or rectify any damage or defacement to the local government property as directed by the local government; and

(h) ensure compliance with all conditions and relevant laws upon which the permit was issued.

Part 6 – Swimming pools and water parks

6.1 Use of all or part of a pool premises

The manager or attendant of a pool premises may –

(a) set aside all or part of the pool premises for the use of certain persons to the exclusion of others; and

(b) direct a person as to that person’s use of the pool premises.

6.2 When entry to and use of pool premises will be refused

The manager or attendant of a pool premises will refuse admission to, direct to leave or will remove, or cause to be removed from the pool premises any person who in the opinion of the manager or attendant –

(a) is under the age of 10 years and who is unaccompanied by a responsible person over the age of 16 years; or

(b) is -

(i) suffering from any contagious, infectious or cutaneous disease or complaint; or

(ii) in an unclean condition; or

(iii) wearing unclean clothes; or

(iv) is or appears to be under the influence of intoxicating liquor or drugs; or

(c) is to be refused admission under and in accordance with a decision of the local government for breaching any clause of this local law.

6.3 When entry to and use of pool premises may be refused

The manager or attendant of a pool premises may –

(a) temporarily suspend admission to, direct to leave or remove from the pool premises all persons or any person, if in her or his opinion such action is necessary or desirable;

(b) refuse admission to, direct to leave or remove, or cause to be removed from the pool premises any person who, in the opinion of the manager or attendant –

(i) is committing a breach of any provision of this local law; or

(ii) is by reason of her or his past or present conduct, within or about the pool premises, has created or is creating a nuisance; and

(c) suspend admission for a minimum period of 1 week to any person who has committed a breach of any provision of this local law in relation to the pool premises.

6.4 Person to comply with direction

If a manager or an attendant of a pool premises has refused admission to a person, directed a person to leave the pool premises or otherwise directed a person in relation to her or his use of the pool premises, then that person must accept that refusal or direction.

6.5 Decency

If a person appearing in public is not dressed in a manner which prevents indecent exposure, the manager or attendant will direct that person to put on a bathing costume or other clothing that prevents indecent exposure and that person must comply with that direction immediately.

6.6 Objection or appeal against refusal of admission

(1) Where a manager or attendant refuses admission to a person or directs a person to leave pool premises under clause 6.3(b), the person may seek a review of that refusal or direction by the CEO.

6.7 Carnivals

(1) A person, club, organisation or association must not conduct controlled swimming events, carnivals or competitions without the prior consent of the manager.

(2) The manager may grant such consent subject to any conditions considered fit by the manager and may, at any time, withdraw that consent.

(3) A person, club, organisation or association conducting a carnival or event at the pool premises must take reasonable steps to –

(a) prevent overcrowding;

(b) ensure that no damage is done to the buildings or fencing or any other portion of the pool premises; and

6.8 Closure of pool premises

(1) The local government may, for such periods and reasons that it determines, close a pool premises on giving 7 days local public notice under section 1.7 of the Act.

(2) Subclause (1) does not apply where the local government considers that the condition of the pool premises may affect the health of any person, in which case it may close the pool premises without giving any notice.

6.9 Limitations on use

A person must not -

(a) enter any portion of the pool premises set apart exclusively for the opposite sex unless the person is under the age of 6 years;

(b) behave in a manner which creates a nuisance;

(c) play any ball games or other aquatic sports whatsoever which would in any way limit the enjoyment of the users of the pool premises, unless as part of any games or aquatic sports undertaken in accordance with the Manager’s approval;

(d) permit any animal of which he or she is the owner or for which he or she is liable for the control of to enter or remain in or about the pool premises, unless the animal is a dog and the person is a person referred to in section 8 of the Dog Act 1976 acting in accordance with that section;

(e) undress or remove any part of their bathing costume except in a dressing room or enclosure provided for that purpose;

(f) use any soap or shampoo in any part of the pool premises other than in a shower recess or bathroom;

(g) climb up or upon any roof, fence, wall, grandstand railings or partition on the pool premises;

(h) use indecent, obscene, offensive or abusive language or spit in the pool or on any part of the pool premises or in any way commit any nuisance on or in any part of the pool premises;

(i) bring onto or deposit in any part of the pool premises any filth or rubbish except in receptacles set aside for that purpose;

(j) consume any foodstuffs or drinks in any area in which that consumption is prohibited;

(k) wastefully use the water or leave any taps flowing in the dressing rooms or elsewhere in the pool premises;

(l) use any substance or preparation whereby the water of the swimming pool becomes discoloured or rendered turbid or otherwise unfit for the proper use of persons;

(m) foul or pollute water in a shower or swimming pool;

(n) soil, damage, injure, destroy, use improperly, disfigure or write in or upon any dressing room, cubicle or compartment or any part of the pool premises or any furniture or other article or equipment on the pool premises;

(o) while suffering from a contagious, infectious or cutaneous disease or skin complaint or whilst in an unclean condition, enter or use or attempt to enter or use the swimming pool or pool premises;

(p) smoke in the pool premises; or

(q) operate a recording device to record or transmit images of any person without that person’s knowledge or consent.

6.10 Ticket or membership card not transferable

No ticket, token, licence, membership card or receipt issued by or under the authority of the local government in respect of the use of or admission to the pool premises is transferable to another person.

Part 7 - Beaches and bathing

7.1 Sandboarding and sand dune protection

A person must not -

(a) use a sandboard or any other board or thing to slide down sand dunes on local government property;

(b) take onto any sand dunes a sandboard or other thing used for sliding down sand dunes on local government property;

(c) traverse sand dunes on local government property except along pathways designated by signs or fences for the purpose; or

(d) unless authorised to do so by the local government or permitted by a sign, take a vehicle onto any beach or sand dunes on local government property.

7.2 Boat launching

(1) A person must not launch a boat or personal watercraft from -

(a) a local government property unless it has been set aside for that purpose under clause 2.7; or

(b) a beach within the application of this local law unless that launching is permitted by a sign.

(2) Any prohibition in subclause (1) does not apply to a member of a surf life saving club or life saving patrol in the course of her or his duties, training or while in competition.

7.3 Surf life saving activities

The local government may authorise members of surf life saving clubs or any local government employee to perform all or any of the following functions in the interests of maintaining safety at beaches in the district -

(a) patrol any beach;

(b) take onto any beach any life saving gear including vehicles or boats that are for use in life saving activities;

(c) indicate by signs or patrol flags, any areas of a beach and the adjacent water beyond the beach, where bathing is permitted;

(d) indicate by signs any areas of a beach and the adjacent water beyond the beach where -

(i) the riding of surfboards or use of any other bathing appliance is prohibited;

(ii) the driving of boats or personal watercraft is prohibited;

(iii) fishing is prohibited; or

(iv) the use of skim boards, land boards, kite surfing and associated activities are prohibited;

(e) regulate, prohibit, restrict or set aside by a sign, rope, wire, cloth or other flexible sheeting or thing any areas of a beach for any 1 or more of the following activities -

(i) entry or exit by any person;

(ii) playing of games;

(iii) conduct of training or surf club carnivals; and

(iv) establishing a first aid or command post; and

(f) direct any person to –

(i) bathe within the permitted bathing area indicated by signs or patrol flags under paragraph (c);

(ii) leave the water adjacent to a beach during any period of potential dangerous conditions or the sighting of a shark or crocodile; or

(iii) cease any activity not in accordance with this local law.

7.4 Identification of life saving patrol

(1) A person who is a member of a life saving club will wear a red and yellow quartered swimming cap while he or she is on duty during a life saving club life saving patrol.

(2) A person who is not a member of an on duty life saving patrol must not wear a red and yellow quartered swimming cap or give the impression they are a member of an on duty life saving patrol.

(3) A person appointed by the local government to patrol any beach must wear a patrol uniform in the colours and style as determined by the local government.

(4) A vehicle used for a life saving patrol must have a logo or decal on the vehicle to indicate that it is a vehicle being used for that purpose.

7.5 Compliance with signs and directions

A person attending at any beach must -

(a) comply with any sign erected on the beach;

(b) comply with any lawful direction given by an authorised person, member of a surf life saving club or local government employee under clause 7.3(f);

(c) not enter any area designated for any life saving activity, training, competition or carnival conducted by a life saving club unless that person is a member of the club or has obtained permission to enter that area from the club; and

(d) not interfere with, obscure, obstruct or hang any item of clothing or towel on a flag, sign, notice or item of life saving equipment.

7.6 Fishing

(1) A person must not fish on or from any public place –

(a) where fishing is prohibited and the prohibition is designated by a sign; or

(b) in any permitted bathing area indicated by signs or patrol flags under clause 7.3(c).

(2) A person must not, whether fishing is permitted or not –

(a) leave or deposit dead fish or fish offal on any beach;

(b) leave or deposit dead fish or fish offal in the sea within 200 metres of any part of a beach; or

(c) fish for sharks by the use of set or buoyed lines or use blood, offal or any other lure for the purpose of attracting sharks within 200 metres of any part of a beach.

7.7 Surfboards and boats

(1) A person must not ride a surfboard or drive a personal watercraft or boat in any permitted bathing area indicated by signs or patrol flags under clause 7.3(c).

(2) A person must not drive or ride on any personal watercraft within 50 metres of any person bathing.

(3) In this clause surfboard includes a windsurfer and surf kite.

7.8 Authority of local government authorised employee to prevail

If the local government has authorised a person under clause 7.3 and member of a surf life saving club under clause 7.3 in relation to the same beach, where they could perform a function referred to in clause 7.3 or 7.5 contemporaneously, the authority of an authorised person employed by the local government under clause 7.3 is to prevail.

Part 8 - Activities on verges and footpaths

Division 1 - Verge treatments

8.1 Interpretation

In this Division, the following terms have the following meaning -

acceptable material means material that will create a dust free, moisture retentive, erosion resistant surface and is prescribed in clause 8.3(c); and

permissible verge treatment means a verge treatment specified in clause 8.3.

8.2 Verge treatment

The owner or occupier of land adjacent to a verge must not -

(a) install or maintain a verge treatment on the verge which is not a permissible verge treatment;

(b) alter the finished level of the verge; or

(c) cover, obstruct or otherwise adversely affect the intended purpose of any manhole, inspection pit, constructed drain or other facility or installation placed or constructed by a public body in any part of or adjacent to a thoroughfare.

8.3 Permissible verge treatments

For the purpose of clause 8.1, the permissible verge treatments are as follows –

(a) plant and maintain a lawn;

(b) plant and maintain a garden provided that no part of the vegetation –

(i) is greater than 400 millimetres in height within 20 metres of an intersection;

(ii) restricts the clear sight visibility of a person using the thoroughfare or using a driveway abutting the thoroughfare;

(iii) inhibits or interferes with street lighting and visibility of signage;

(iv) is of a thorny or poisonous nature or which may otherwise create a hazard for pedestrians;

(v) is a weed;

(vi) produces large heavy fruits, eg coconuts;

(vii) restricts a 2 metre clear and safe pedestrian access way where there is no existing footpath;

(viii) is no more than 600 millimetres in height within 1.2 metres of either side of a footpath or access way;

(ix) intrude on a 3 metre clearance zone above a footpath or access way or a 4.5 metre clearance zone above a roadway; and

(x) no water pipes or connections protrude above the surface of the garden;

(c) installation of surface treatments using 1 of the following materials where the treatment is installed and levelled to 15 millimetres below a containment border or garden kerb –

(i) treated timber, plastic or concrete garden edge kerbing flush with infill or garden bed;

(ii) stone/rock-mulch treatments using –

A. river-washed rounded stone D₅₀<40 millimetres; or

B. crushed rock or gravel 20mm<D₅₀<40 millimetres, limited to an area no greater than 20 square metresunless otherwise approved in accordance with a development approval;

(iii) organic mulch;

(d) installation of statues and/or boulder rockwork provided they do not –

(i) exceed 600 millimetres in height when within 20 metres of an intersection;

(ii) restrict clear visibility for a person using the thoroughfare or driveway abutting the thoroughfare;

(iii) inhibit or interfere with adequate street lighting and visibility of signage;

(iv) occur within 2.75 metres of the back of kerb or travelled path on roads without kerbing; or

(v) require electricity; or

(e) a combination of (a) to (d) above.

8.4 Owner’s or occupier's responsibilities for verge treatments

An owner or occupier of land adjacent to a verge who installs or maintains a permissible verge treatment on the verge must -

(a) keep the verge treatment in good and tidy condition and ensure, where the verge treatment is a garden or lawn, that no obstruction of any sort (physical, sight or other) is caused to any access way, footpath, pavement or carriageway;

(b) create a hard surface with an acceptable material only;

(d) not water or maintain a verge treatment in such a manner as to cause a nuisance or hazard to any person using the adjacent footpath, access way or carriageway;

(e) keep the verge free of weeds; and

(f) not extend the verge treatment beyond the verge immediately adjacent to the land owned or occupied by the owner or occupier, without the written approval of the owner of the adjoining property, immediately adjacent to the verge to be treated.

8.5 Installation of hardstand surface on a verge for the parking of cars

An owner or occupier must not install an impervious concrete, bitumen or brick-paved hardstand surface on a verge for the purpose of parking vehicles without first obtaining written approval of the local government.

8.6 Enforcement

The local government may give a notice under clause 13.1, requiring the owner or occupier of any land adjacent to a verge to –

(a) make good within the time period specified in the notice any breach of a provision of this Division; or

(b) within the time specified in the notice, give a satisfactory reason to the local government why the verge treatment should be retained without alteration, or why the owner or occupier should be given extra time in which to comply with the notice.

Division 2 - Vehicle crossings

8.7 Standard vehicle crossings

For the purpose of regulation 15 of the Local Government (Uniform Local Provisions) Regulations 1996, a standard crossing in the district is a vehicle crossing constructed in accordance with the local government’s residential vehicle specifications as determined by the local government and varied by it from time to time.

Division 3 - Protection of footpaths

8.8 Footpath protection

(1) An owner, occupier, licensee or contractor who undertakes works on land adjacent to a footpath must –

(a) take all necessary precautions to ensure that the footpath is not damaged during the course of the works; and

(b) notify the local government of any existing damage to the footpath prior to the commencement of the works.

(2) A person who carries out any building or other operations or works necessitating the crossing of a footpath with vehicles that may cause damage to the footpath must ensure that –

(a) all reasonable precautions are taken to prevent damage to the footpath during the course of the works; and

(b) heavy vehicles, that access the land, cross the footpath at the designated area for the proposed vehicle crossing.

(3) Any person who causes damage to a footpath during works undertaken on the land or works within the thoroughfare must reinstate the footpath to the satisfaction of the local government.

Part 9 — Advertising signs on local government property and thoroughfares

Division 1—Preliminary

9.1 Definitions

In this Part, unless the context otherwise requires—

advertisement means the use or intention of use for the purpose of advertising any premises, services, business, function, event, product or thing;

advertising device means an object on which words, numbers or figures are written, placed, affixed or painted for the purpose of advertising any business, function, operation, event, undertaking, product, or thing and includes a vehicle or trailer or other similar object placed or located so as to serve the purpose of advertising a business, function, operation, event, undertaking, product or thing;

advertising sign means a sign used for the purpose of advertisement and includes an election sign, advertising device, portable direction sign and real estate sign;

direction sign means a sign which indicates the direction of a place, activity or event, but does not include any such sign erected or affixed by the local government or the Commissioner of Main Roads;

election sign means a sign which advertises any aspect of a forthcoming Federal, State or local government election;

portable direction sign means a direction sign that is portable;

portable sign means a portable freestanding advertising sign;

real estate sign means a sign indicating that the premises whereon it is affixed or erected, are for sale, for letting or to be auctioned; and

sign includes a notice, poster, flag, mark, word, letter, model, placard, board, structure, device or representation.

9.2 Person taken to own advertising sign

In the absence of any proof to the contrary, an advertising sign is to be taken to belong to the person—

(a) whose name is marked on the sign; or

(b) who owns the business or is identified in the local government’s records as in control of the company or business marked on the sign.

Division 2—Permit

9.3 Permit required for advertising signs and portable direction signs

(1) A person must not, without a permit—

(a) erect or place an advertising sign on local government property or a thoroughfare; or

(b) post any bill or paint, place or affix any advertisement on local government property or a thoroughfare.

(2) Notwithstanding subclause (1), a permit is not required in respect of a portable direction sign which neither exceeds 500 millimetres in height nor 0.5 square metres in area, provided that the sign is placed or erected on a thoroughfare on an infrequent or occasional basis only to direct attention to a place, activity or event during the hours of that activity or event.

(3) Notwithstanding subclause (1), a person must not erect or place an advertising sign—

(a) on a footpath, or where there is no existing footpath, in a way that restricts a 2 metre clear and safe pedestrian access way;

(b) over any footpath where the resulting vertical clearance between the sign and the footpath is less than 2.5 metres;

(d) in any other location where, in the opinion of the local government or an authorised person, the sign is likely to obstruct lines of sight along a thoroughfare or cause danger to any person using the thoroughfare; or

(e)on any natural feature, including a rock or tree, on a thoroughfare, or on any bridge or the structural approaches to a bridge.

9.4 Matters to be considered in determining application for permit

In determining an application for a permit for the purpose of clauses 3.6 and 9.3(1), the local government may have regard to—

(a) any other written law regulating the erection or placement of advertising signs or advertisements within the district;

(b) the dimensions of the advertising signs or advertisements;

(c) whether the siting, design and general appearance of the advertising sign detracts from the visual amenity and character of the area;

(d) other advertising signs already approved or erected in the vicinity of the proposed location;

(e) whether or not the advertising signs or advertisements will create a hazard to persons using a thoroughfare; and

(f) the amount of the public liability insurance cover, if any, to be obtained by the applicant.

Division 3—Conditions on permit

9.5 Conditions on portable sign

(1) Without limiting the generality of clause 3.6(1)(a), the local government may approve an application for a permit for a portable sign subject to conditions relating to—

(a) the portable sign —

(i) not exceeding 1,000 millimetres in height;

(ii) not exceeding an area of 0.8 square metres on any side;

(iii) relating only to the business activity described on the permit;

(iv) not being placed in any position other than immediately in front of the building or the business to which the sign relates, and being located no closer than 500 millimetres to the kerb or further than 1,200 millimetres from the kerb so as to ensure the free passage of persons using the footpath, if the sign is advertising an adjacent business or activity;

(v) being removed each day at the close of the business to which it relates and not be erected again until the business next opens for trading, if the sign is advertising an adjacent business or activity;

(vi) being secured in position in accordance with any requirements of the local government;

(vii) being placed so as not to obstruct or impede the reasonable use of a thoroughfare or place by any person or the sight line of any vehicle drivers; and

(viii) being maintained in good condition; and

(b) the number of portable signs being erected in relation to the 1 building or business.

(2) The permit holder of a permit for a portable sign must comply with any conditions imposed in accordance with subclause (1).

9.6 Conditions on election sign

(1) If the local government approves an application for a permit for the erection or placement of an election sign on local government property or a thoroughfare, the application is to be taken to be approved subject to the sign—

(a) being erected at least 30 metres from any intersection;

(b) being free standing and not being affixed to any existing sign, post, power or light pole or similar structure;

(d) being placed so as not to obstruct or impede the vision of a driver of a vehicle entering or leaving a thoroughfare or crossing;

(e) being maintained in good condition;

(f) not being erected until the election to which it relates has been officially announced;

(g) being removed within 24 hours of the close of polls on voting day;

(h) not being placed within 100 metres of any works on a thoroughfare;

(i) being securely installed;

(j) not being an illuminated sign;

(k) not incorporating reflective or fluorescent materials; and

(l) not displaying only part of a message which is to be read with other separate signs in order to obtain the whole message.

(2) The permit holder of a permit for the erection or placement of an election sign must comply with each of the conditions in subclause (1).

Part 10 – Damage to and closed thoroughfares

Division 1 - Damage to thoroughfares

10.1 Notice to repair damage to thoroughfare

Where any portion of a thoroughfare has been damaged, the local government may, by notice to the person who caused the damage, order the person to repair or replace that portion of the thoroughfare to the satisfaction of the local government.

Division 2 - No driving on closed thoroughfares

10.2 No access without consent

(1) A person must not drive or take a vehicle on or cause a vehicle to be driven or taken on a closed thoroughfare –

(a) unless it is in accordance with any limits or exceptions specified in the order made under section 3.50 of the Act; or

(b) the person has first obtained approval from the local government under this local law or another written law.

(2) In this clause –closed thoroughfare means a thoroughfare wholly or partly closed under section 3.50 or 3.50A of the Act.

Part 11 - Shopping trolleys

11.1 Name of owner of shopping trolley

A retailer must clearly mark its name or its trading name on any shopping trolley made available for the use of its customers.

11.2 Shopping trolleys in public places

A person must not leave a shopping trolley in a public place, other than in an area approved by the local government for this purpose and set aside for the storage of shopping trolleys.

11.3 Shopping trolley to be removed by retailer

Where a shopping trolley is found in a public place, other than in an area approved by the local government for this purpose and set aside for the storage of shopping trolleys, and the retailer whose name is marked on the trolley has been advised verbally or in writing of its location by an authorised person, the retailer must remove the shopping trolley from the public place within 12 hours of being advised.

11.4 Retailer taken to own shopping trolley

In the absence of any proof to the contrary, a shopping trolley is to be taken to belong to a retailer whose name is marked on the trolley.

Part 12 - Secured sum

12.1 Security for restoration and reinstatement

(1) The local government may require payment of a bond for a sum determined by the local government for the purpose of ensuring that –

(a) hired local government property, including fixtures and fittings in a building, can be cleaned or repaired;

(b) any local government asset damaged during works in a public place, works adjacent to a public place or the construction of a building on land adjacent to a public place, can be repaired or reinstated; or

(2) A bond required under subclause (1) must be deposited into an account established by the local government for the purpose of this clause.

Part 13 - Remedy for breach

13.1 Notice requiring works to be done

(1) Where the local government requires works to be done to rectify a breach of any approval or a condition of an approval or a provision of this local law, the local government may give a notice in writing to the approval holder or person who has breached this local law -

(a) advising details of the breach of the approval, condition or local law and of the works required to rectify the breach;

(b) requiring the approval holder or person to do the works required within the time specified in the notice; and

(c) advising that where the approval holder or person fails to comply with the requirements of the notice within the time specified, the local government may do the required works.

(2) An approval holder or person must comply with a notice given to her or him under subclause (1).

(3) Where the approval holder or person referred to in subclause (1) fails to comply with the requirements of a notice given under subclause (1), the local government may by its employees, agents or contractors carry out all works and do all things necessary to comply with the requirements of the notice.

(4) The local government may recover the expenses incurred in carrying out the works under subclause (3) –

(a) as a charge against any secured sum lodged for the purpose by the approval holder or person who has breached this local law under clause 13.1; or

(b) from the approval holder or person who has breached this local law in a court of competent jurisdiction.

Part 14 - Miscellaneous

14.1 Public liability insurance and indemnity

(1) Where, as a condition of an approval, an approval holder or person is required to obtain public liability insurance, this public liability insurance must indemnify the local government against all actions, suits, claims, damages, losses and expenses made against or incurred by the local government arising from any activity, action or thing performed or erected in accordance with the approval.

(2) The public liability insurance policy referred to in subclause (1) must be kept current for the duration of the approval and –

(a) must be in the name of the approval holder or person and the local government, for a minimum value of $10 million or such other amount as the local government considers appropriate for the risk involved;

(b) include a clause which prevents the policy from being cancelled without the written consent of the local government;

(c) include a clause which requires both the approval holder or person and the insurance company to advise the local government if the policy lapses, is cancelled or is no longer in operation; and

(d) be available for inspection by an authorised person at the request of the authorised person.

(3) An approval holder or person who refuses or cannot provide a certificate of currency within 2 working days of a request under subclause (2)(d) commits an offence.

14.2 Directions of authorised person

(1) An authorised person may direct any person in a public place to -

(a) stop doing anything which the authorised person considers on reasonable grounds the person is in the process of doing, which is contrary to this local law or any other local law applying in the district;

(b) leave that place; or

(2) A person who is given a lawful direction under subclause (1) must comply with that direction.

14.3 Disposal of lost and found property

(1) This clause does not apply to an article which is subject to Subdivision 4 of Division 3 of Part 3 of the Act.

(2) A person finding an article left at or in a local government facility must give that article to the local government, an authorised person or a manager or attendant.

(3) The local government must register a description of the article and all particulars relating to it in a lost property register to be kept for that purpose.

(4) A person claiming the article who satisfies the local government, an authorised person, or manager or attendant that he or she is the lawful owner of the article must, on return of the article, by way of acknowledging its receipt, write her or his name and address and provide their signature in the lost property register.

(5) An article not claimed within a period of 3 months from the date it is entered in the lost property register must be disposed of by the local government as it considers fit and the proceeds from any sale belong to the local government.

(6) Where an article which is perishable is given to the local government, an authorised person or a manager or attendant under subclause (2), may dispose of that article at any time without entering that in the register under subclause (3).

Part 15 - Offences and penalties

15.1 Offences

(1) Any person who fails to do anything required, directed or ordered to be done under this local law, or who does anything which under this local law that person is prohibited from doing without reasonable excuse, commits an offence.

(2) An offence against a clause specified in Schedule 1 of this local law is a prescribed offence for the purposes of section 9.16(1) of the Act.

(3) Any person who commits an offence under this local law is liable, upon conviction, to a penalty not exceeding $5,000 and, if the offence is of a continuing nature, to an additional penalty not exceeding $500 for each day or part of each day during which the offence continues.

15.2 Infringement and infringement withdrawal notices

(1) For the purposes of this local law -

(a) where a vehicle is involved in the commission of an offence, the form of the notice referred to in section 9.13 of the Act is that of Form 1 in Schedule 1 of the Regulations;

(b) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in Schedule 1 of the Regulations; and

(2) Where an infringement notice is given under section 9.16 of the Act in respect of an alleged offence against clause 2.4, the notice is to contain a description of the alleged offence.

15.3 Offence description and modified penalty

(1) The amount appearing in the final column of the table in Schedule 1 directly opposite an offence described in Schedule 1 is the modified penalty for that offence.

(2) The amount appearing in the final column in the table in Schedule 1 directly opposite an offence described in Schedule 1 is the modified penalty which applies each day or part of each day during which the offence continues.

Part 16 - Objections and review

16.1 Application of Division 1, Part 9 of the Act

When the local government makes a decision as to whether it will –

(a) grant a person a permit or approval under this local law; or

(b) renew, vary, or cancel a permit or approval that a person has under this local law,

the provisions of Division 1 of Part 9 of the Act and regulation 33 of the Regulations applies to that decision.

Schedule 1 – Prescribed Offences

[cl 15.1(2)]

Item No	Clause No	General Description of Offence	Modified Penalty $
1	2.4	Failure to comply with a determination	175
2	3.2(2)	Undertaking an activity without a permit	175
3	3.3(3)	Failure to obtain permit to camp outside facility	175
4	3.4(1)	Failure to obtain permit for liquor	175
5	3.9(1)	Failing to comply with conditions of a permit	175
6	3.9(2)	Failing to comply with conditions of permit as varied	175
7	4.1(a)	Behaviour likely to interrupt, disturb or interfere with enjoyment of other persons	175
8	4.1(b)	Behaviour which interrupts, disturbs or interferes with enjoyment of other persons	175
9	4.1(c)	Behaviour which creates a nuisance	175
10	4.2(1)	Behaviour detrimental to the place	175
11	4.3(1)(c)	Without consent of the occupier, entering or attempting to enter a dressing room already occupied	175
12	4.4(1)	Taking, killing or injuring any fauna	175
13	4.5(a)	Entering or leaving any local government property or building other than by the public entrance or exit	110
14	4.5(b)	Entering or remaining on any local government property except during times access is available to the public	110
15	4.5(c)	Entering any place that has been fenced off, or closed to the public	175
16	4.6	Entering local government property without first paying the applicable fee or charge	110
17	4.8(2)	Failure to comply with sign on local government property	175
18	5.4	Failing to meet responsibilities of hirer of local government property	175
19	6.4	Failing to accept a refusal or direction in relation to the pool premises	110
20	6.9	Failing to meet limitations on use of swimming pool	175
21	7.1(a)	Using a sandboard, other board or thing to slide down sand dunes	175
22	7.1(c)	Traversing sand dunes other than along designated paths	175
23	7.1(d)	Taking a vehicle onto any beach or sand dunes without local government authorisation	175
24	7.2(1)	Launching a boat or personal watercraft from local government property or a beach not set aside for that purpose or approved by a sign	175
25	7.5(a)	Failing to comply with a sign erected on a beach	175
26	7.6(1)(a)	Fishing in an area where fishing is prohibited and designated by signs	150
27	7.6(1)(b)	Fishing in a permitted bathing area indicated by signs or patrol flags	150
28	7.6(2)(a)	Leaving or depositing dead fish or fish offal on any beach	110
29	7.6(2)(b)	Leaving or depositing dead fish or fish offal in the sea within 200m of any beach	110
30	7.7(1)	Riding a surfboard, driving a personal watercraft or boat in a designated permitted bathing area	150
31	8.2(a)	Installation of verge treatment other than permissible verge treatment	150
32	8.2(b)	Alteration of the finished level of a verge	150
33	8.2(c)	Covering, obstructing or adversely affecting any manhole, inspection pit, constructed drain, other facility or installation on a verge	150
34	8.4(a)	Failing to keep verge treatment in good and tidy condition and avoid obstruction of any sort	150
35	8.4(c)	Placing any obstruction on or around any verge treatment	150
36	8.4(d)	Watering or maintaining a verge treatment so as to cause a nuisance or hazard to a person using the adjacent footpath, access way or carriageway	150
37	8.8(1)(a)	Failing to take necessary precautions to ensure footpath is not damaged during works	150
38	8.8(1)(b)	Failing to notify local government of existing footpath damage prior to commencement of works	110
39	9.3(1)	Failure to obtain permit for an advertising sign or advertisement	175
40	9.5(2)	Failure to comply with conditions of permit for a portable sign	175
41	9.6(2)	Failure to comply with conditions of permit for an election sign	175
42	10.2(1)	Driving on a closed thoroughfare	200
43	11.2	Leaving a shopping trolley in a public place not set aside for storage of trolleys	110
44	11.3	Failure of owner to remove shopping trolley within 12 hours of being advised by local government	150
45	13.1(2)	Failing to comply with a notice	300
46	14.2(2)	Failing to comply with a lawful direction of an authorised person	175

Schedule 2 – Determinations

[cl 2.1]

The following determinations are to be taken to have been made by the local government under clause 2.1.

Part 1 – Preliminary

1.1 Definitions

(1) In these determinations unless the context otherwise requires –

approved place means the land or premises specified in a trading licence as approved by the local government;

approved route means a route specified in a trading licence approved by the local government;

authorised person means a person appointed by the local government under section 9.10 of the Local Government Act 1995 to perform any of the functions of an authorised person under this 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;

local government means the Shire of Broome; and

local law means the Shire of Broome Local Government Property and Public Places Local Law 2016.

(2) Unless the context otherwise requires, where a term is used but not defined in a determination and that term is defined in the local law then the term has the meaning given to it in the local law.

Part 2 – Driving vehicles on local government property

2.1 Speed of Vehicles on Reserves

A person must not drive a vehicle or allow a vehicle to be driven upon local government property at a speed exceeding 15 kilometres an hour, or in such a manner as to cause danger, inconvenience or annoyance to any person.

Part 3 – Activities prohibited on local government property

3.1 Activities prohibited on local government property

A person is prohibited from pursuing all or any of the following activities on local government property, except on land which is reserved to the local government for the purpose or which is set aside under clause 2.7(1) of this local law for the purpose of playing or practicing golf, archery, pistol shooting or rifle shooting.

Part 4 – Activities which may be pursued on specified local government property

4.1 Activities which may be pursued on specified local government property

(1) In this Part –

Cable Beach means that part of the beach as described in clause (2).

(2) Under clause 2.7(1)(a) of this local law commercial camel activities may be conducted in the area of Cable Beach between a point formed by the westerly prolongation, to the low water mark of the northern boundary of Reserve 36477, to a point formed by the westerly prolongation, to the low water mark of the Northern Boundary of Lot 405 Lullfitz Drive between the high and low water mark.

(3) Under clause 2.7(2) of this local law the following conditions apply –

(a) camel operators must have a trading licence issued by the local government under its Trading, Outdoor Dining and Street Entertainment Local Law 2003;

(b) camel operators must only access Cable Beach via the approved route from the approved place of stabling camels, unless otherwise approved by the local government;

(d) a maximum of 18 camels per operator is allowed on Cable Beach at any 1 time, unless otherwise approved by the local government for extraordinary circumstances, eg. cruise ships and corporate/conference functions;

(e) camel operators will at all times identify their own camels with the same coloured and patterned blankets, which must be easily distinguishable from the colours and patters used by other operators of commercial activities on Cable Beach;

(f) camel operators must comply with any lawful direction given at any time by the CEO of the local government or his or her delegate, or an authorised person;

(g) each licence holder is responsible for the effective control of their respective camel trains at all times and:

(i) at all times during the tours being conducted on Cable Beach, a competent staff member must lead the camel train whilst walking and holding onto the reins of the lead camel;

(ii) where a camel train exceeds 4 camels:

A. 2 competent staff members must be in attendance;

B. at all times a competent staff member must lead the camel train whilst walking and holding onto the reins of the lead camel; and

C. the other staff member may ride a camel in the train to and from the beach but not whilst undertaking a camel tour on the beach;

(iii) During morning sessions only, and where 4 or less camels form the camel train:

A. only 1 competent staff member is required to be in attendance; and

B. on the route to and from the beach, the competent staff member may either lead the camel by walking and holding the reins or may ride the lead camel at walking pace.

(h) camel operators must, at the conclusion of business each day, remove all and any refuse and litter associated with the operation of their activity and ensure the site is left in a clean and safe condition;

(i) all camels must be fitted with manure collection devices and any manure that may escape the manure collection devices must be collected immediately along the local government approved access route and along the entire distance of the tour;

(j) front and rear camels must be fitted with lights facing to the front and the rear and every second camel must have a reflective tape to each saddle and/or stirrup; and

(k) camel operators must ensure there is at least 30 metres between each camel train at all times.

(4) The local government reserves the right to close Cable Beach to commercial camel activities at any time.

Schedule 3 – Definition of “weed”

[cl 1.5]

For the purposes of this local law, the following plant species are weeds:

Botanical name	Common name
Alternanthera pungens	Khaki Weed
Azadirachta indica	Neem
Cenchrus biflorus	Gallon’s Curse
Cenchrus ciliaris	Buffel Grass
Hyptis suaveolens	Mint Bush
Jatropha gossypifolia	Bellyache Bush
Leucaena leucocephala	Coffee Bush
Macroptilium atropurpureum	Siratro
Merremia aegyptia	Hairy Morning Glory
Merremia dissecta	Noyau Vine
Passifora foetida	Bush Passionfruit
Tribulus terrestris	Caltrop

Dated [insert date] 2016

The Common Seal of Shire of Broome was affixed by the authority of a resolution of Council in the presence of –

R J JOHNSTON, Shire President

K R DONOHOE, Chief Executive Officer