MISSION AND VALUES OF COUNCIL

 

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

 

CONFIRMED

MINUTES

 

 

OF THE

 

Ordinary Meeting of Council

 

22 February 2018


OUR VISION

 

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

 

OUR MISSION

 

“To deliver affordable and quality Local Government services.”

 

CORE VALUES OF THE SHIRE

 

The core values that underpin the achievement of the

 mission will be based on a strong customer service

focus and a positive attitude:

 

Communication

 

Integrity

 

Respect

 

Innovation

 

Transparency

 

Courtesy

 

DISCLAIMER

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

 

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

 


Minutes – Ordinary Meeting of Council 22 February 2018                                                                 Page 4 of 1227

 

Councillor

Cr R Johnston

Cr H Tracey

Cr M Fairborn

Cr W Fryer

Cr E Foy

Cr D Male

Cr P Matsumoto

Cr C Mitchell

Cr B Rudeforth

2015

26 November

 

 

 

 

 

 

LOA

 

 

2015

17 December

 

 

 

 

 

 

 

 

 

2016

25 February

 

 

 

 

A

 

 

 

 

2016

31 March

 

 

 

 

LOA

 

 

 

 

2016

28 April

 

LOA

A

LOA

LOA

 

 

 

 

2016

26 May

 

 

A

 

 

 

LOA

 

 

2016

30 June

 

LOA

 

 

 

 

 

 

LOA

2016

28 July

 

 

 

 

 

 

 

 

 

2016

25 August

 

 

 

 

LOA

 

 

 

 

2016

29 September

 

A

 

 

 

LOA

 

 

 

2016

27 October

 

 

 

 

 

 

 

LOA

 

2016

24 November

 

 

LOA

 

 

A

 

 

 

2016

15 December

 

 

 

 

A

 

 

 

A

2017

23 February

 

 

 

 

 

 

 

 

A

2017

30 March

 

 

LOA

 

LOA

 

 

 

 

2017

27 April

 

A

LOA

A

 

 

 

 

 

2017

25 May 2017

 

 

 

 

LOA

 

 

 

 

2017

29 June 2017

 

 

 

A

LOA

 

 

 

 

2017

27 July

 

A

 

 

LOA

 

 

 

 

2017

7 September

A

 

 

 

LOA

 

 

LOA

 

2017

28 September

LOA

 

 

LOA

 

 

 

LOA

LOA

2017

19 October

LOA

 

LOA

 

 

 

 

 

 

2017 Local Government Ordinary Election held 21 October

Councillor

Cr H Tracey

Cr D Male

Cr M Fairborn

Cr W Fryer

Cr E Foy

Cr C Marriott

Cr P Matsumoto

Cr C Mitchell

Cr B Rudeforth

2017

23 November

 

 

 

 

LOA

 

 

 

 

2017

14 December

 

 

A

A

A

 

 

 

 

2018

22 February

 

 

 

LOA

 

 

 

 

 

 

·       LOA (Leave of Absence)

·           NA (Non Attendance)

·           A (Apologies)

2.25.       Disqualification for failure to attend meetings

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

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

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

                 (a)     a meeting that has concluded; or

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

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

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

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

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

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

                 (b)     if the non‑attendance occurs —

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

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

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

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

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

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

 

 


MinutesOrdinary Meeting of Council 22 February 2018                                                                            Page 6 of 1227

 

SHIRE OF BROOME

Ordinary Meeting of Council

Thursday 22 February 2018

INDEX – Minutes

 

1.               Official opening and attendance. 8

2.               declarations of financial interest and impartiality. 8

3.               public question time. 9

4.               applications for leave of absence. 13

5.               Confirmation Of Minutes. 14

6.               Announcements By President Without Discussion.. 14

7.               Petitions. 14

8.               Matters For Which The Meeting May Be Closed.. 15

9.               Reports of Officers. 16

9.1      Our People. 17

9.1.1     CHINATOWN REVITALISATION PROJECT SIX MONTH UPDATE. 18

9.2      Our Place. 136

9.2.1     RESERVE 31340 (TOWN BEACH) - CHANGE TO INTERTIDAL BOUNDARIES FOR TOWN BEACH REVETMENT WALL AND FISHING PLATFORM... 137

9.2.2     Waterbank – Portion Lot 259 on Deposited Plan 220696. 142

9.2.3     PROPOSED THIRD PARTY APPEAL RIGHTS FOR DECISIONS MADE BY DEVELOPMENT ASSESSMENT PANELS. 147

9.2.4     CONSTRUCTION OF CAR PARKING IN ROAD RESERVE IN ASSOCIATION WITH NEW SHOWROOM - LOT 50 GUY STREET. 169

9.2.5     Local Government Property and Public Places Amendment Local Law 2017. 178

9.2.6     Trading, Outdoor Dining and Street Entertainment Amendment Local Law 2017. 273

9.3      Our Prosperity. 335

Nil

9.4      Our Organisation.. 337

9.4.1     MONTHLY PAYMENT LISTING - DECEMBER 2017. 338

9.4.2     MONTHLY PAYMENT LISTING - JANUARY 2018. 358

9.4.3     MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT DECEMBER 2017. 384

9.4.4     MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT JANUARY 2018. 500

9.4.5     ANNUAL ELECTORS MEETING HELD 14 DECEMBER 2017. 619

9.4.6     LOCAL GOVERNMENT ACT REVIEW SUBMISSION.. 631

9.4.7     Public Libraries Strategy Consultation 2017. 850

9.4.8    WESTERN AUSTRALIA NATIONAL DISASTER RELIEF RECOVERY ARRANGEMENTS - CONTRACTS RFQ17-103 TO 17-108 AND RFQ17-110…………………………………………………………………….………….912

10.            Reports of Committees. 913

10.1      LOCAL EMERGENCY MANAGEMENT COMMITTEE MEETING MINUTES - 13 DECEMBER 2017. 914

10.2      BUSH FIRE ADVISORY COMMITTEE MEETING MINUTES - 13 DECEMBER 2017. 948

10.3      Yawuru Park Council minutes and recommendations of meetings held on 17 October, 15 November and 20 December 2017. 963

10.4      MINUTES OF THE AUDIT AND RISK COMMITTEE MEETING HELD 13 FEBRUARY 2018. 1133

11.            Notices of Motion.. 1220

12.            Business of an Urgent Nature. 1221

12.1     BROOME REGIONAL RESOURCE RECOVERY PARK - UPDATE ON SITE SELECTION............................................................................................….1221

13.            Questions By Members Of Which Due Notice Has Been Given.. 1222

14.            Matters Behind Closed Doors. 1222

9.4.8     WESTERN AUSTRALIA NATIONAL DISASTER RELIEF RECOVERY ARRANGEMENTS -  CONTRACTS RFQ17-103 to 17-108 AND RFQ17-110. 1223

12.1      BROOME REGIONAL RESOURCE RECOVERY PARK - UPDATE ON SITE SELECTION.. 1225

15.            Meeting Closure. 1227

 


MinutesOrdinary Meeting of Council 22 February 2018                                                                            Page 7 of 1227

 

 

NOTICE OF MEETING

 

 

 

Dear Council Member,

 

 

The next Ordinary Meeting of the Shire of Broome will be held on Thursday, 22 February 2018 in the Council Chambers, Corner Weld and Haas Streets, Broome, commencing at 5.00pm.

 

 

 

Regards

 

 

S MASTROLEMBO

Chief Executive Officer

 

15/02/2018

 


MinutesOrdinary 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

 

 

 


 

9.

Reports

of

Officers


 

9.1

 

Our People

 

_DSC2089

 

 

PRIORITY STATEMENT

 

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

 

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

 

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

 


MinutesOrdinary Meeting of Council 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:

Place Making Consultant – The Planning Group (TPG);

Environmental Consultant – Strategen;

Civil Engineer – TABEC;

Public Realm Architecture – UDLA;

Research and Engagement – Simon McArthur & Associates;

Engagement – NBY;

Environmental Assessment – GHD;

Coastal Design – MP Rogers;

Traffic Assessments – DVC; and

Gray St Reclamation Valuation – Colliers.

 

The third milestone date was 30 June 2017.  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:

consultation and engagement;

design;

approvals; and

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

 

 

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Item 9.1.1 - CHINATOWN REVITALISATION PROJECT SIX MONTH UPDATE

 

 

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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

 


 

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

 

 

 

 


 

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

 

PAYMENT REQUEST PENDING

 

 

 

 

 

 

 

 

 

 

 

 

150,000

 

 

 

200,000

30/04/2018

 

·   Dampier Terrace Upgrade - Tender documentation complete.

·   Carnarvon Street Upgrades - Tender documentation complete.

4

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

 

 

 

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;

(C)      any loss or damage to any equipment used in relation to the Works;

(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 9.1.1 - CHINATOWN REVITALISATION PROJECT SIX MONTH UPDATE

 

 

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9.2

 

Our Place

 

cablebeach

 

 

PRIORITY STATEMENT

 

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

 

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

 

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

 

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


MinutesOrdinary Meeting of Council 22 February 2018                                                                        Page 141 of 1227

 

 

9.2.1      RESERVE 31340 (TOWN BEACH) - CHANGE TO INTERTIDAL BOUNDARIES FOR TOWN BEACH REVETMENT WALL AND FISHING PLATFORM

LOCATION/ADDRESS:                             Town Beach

APPLICANT:                                              Nil

FILE:                                                           RES 31340

AUTHOR:                                                   Land Tenure Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    12 December 2017

 

SUMMARY:         A the Ordinary Meeting of Council of 7 September 2017, Council resolved to support the adjustment of the Port Waters boundary to facilitate the construction of the revetment wall and fishing platform at Town Beach.

Subsequently, the Shire has received correspondence from the Kimberley Ports Authority (KPA), providing support for the surrender of that portion of Port Waters to support the construction of the revetment wall and the grant of a jetty licence for the fishing platform.

This report recommends that Council supports the KPA’s proposal to amend the Port Waters boundary to excise that portion only of the intertidal zone required for the revetment wall and the grant of the jetty licence for the proposed fishing platform.

 

BACKGROUND

 

Previous Considerations

 

OMC 7 September 2017     Item 9.2.1

 

At the Ordinary Meeting of Council (OMC) of 7 September 2017, Council considered a request by the Shire to the Kimberley Ports Authority (KPA) to amend the Port Waters boundary to facilitate the construction of the revetment wall and proposed fishing platform at Town Beach.  It was proposed that the excised Port Waters would be incorporated into Reserve 31340 (Town Beach).  At this meeting, Council resolved as follows:

 

COUNCIL RESOLUTION:

(REPORT RECOMMENDATION)

Moved: Cr D Male                                                    Seconded: Cr B Rudeforth

That Council supports the adjustment of the Port Boundary in line with Attachment 1 and requests the Chief Executive Officer to:

1.   Progress the matter with the Kimberley Ports Authority;

2.   Approach the Department of Planning, Lands and Heritage to amalgamate the excised portion of Port Waters, as shown in Attachment 1, into Reserve 31340; and

3.   Apply for any licences or approvals and sign all relevant documents.

CARRIED UNANIMOUSLY 6/0

The revetment wall construction has been identified by Council in the Corporate Business Plan.  The revetment wall is required to provide protection from erosion of the pindan cliffs adjacent to the Town Beach park area, which includes the Pioneer Cemetery.  Detailed designs include the rock wall, drainage, three stairways spread along the entire wall length, lighting that can be switched off during the Staircase to the Moon events and an amphitheatre located at the top of the rock wall.

 

The 2017/2018 adopted budget also provides for the design of a fishing platform at Town Beach.  The location of the fishing platform and the revetment wall are as identified in the Town Beach Masterplan.

 

COMMENT

 

On 24 October 2017, the Shire received correspondence from the KPA advising the KPA Board of Directors resolved the following:

 

1.       Surrender the part of the intertidal zone necessary to support the revetment wall;

2.       Grant a jetty licence for the sum of $1.00 for the part of the port intertidal zones, for a term of 49 years, 50 years being the maximum period permitted by the Port Authorities Act.

 

The KPA also advised that the Shire will need to pay:

 

1.       Any legal costs associated with the preparation and negotiation of the licence agreement and deed concerning the surrender of port lands to the Shire;

2.       Rates and taxes associated with the grant of the finger jetty licence;

3.       Survey costs for the new boundaries; and

4.       Incidental expenses reasonably attributable to this project.

 

This report recommends that Council supports the KPA’s proposal to amend the Port Waters boundary to excise that portion only of the intertidal zone to support the revetment wall and the grant of the jetty licence for the proposed fishing platform (Attachment 1).

 

CONSULTATION

 

The Department of Planning, Lands and Heritage

 

Kimberley Ports Authority

 

STATUTORY ENVIRONMENT

 

Port Authority Act 1999

Local Government Act 1995

Land Administration Act 1997

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

To facilitate the implementation of this arrangement, the Shire will need to pay:

 

1.   Any legal costs associated with the preparation and negotiation of the licence agreement and deed concerning the surrender of Port Waters to the Shire.

2.   Rates and taxes associated with the grant of the finger jetty licence.

3.   Survey costs for the new boundaries.

4.   Incidental expenses reasonably attributable to this project.

 

The ongoing costs of the annual jetty licence is $1.00.

 

These costs can be accommodated within the project budget for the revetment wall and fishing platform.

 

RISK

 

There is not considered to be any risk to the Shire with progressing KPA’s proposal to include the excised Port Waters into Reserve 31340 and issuing of a jetty licence for the fishing platform.

 

STRATEGIC IMPLICATIONS  

 

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

 

Affordable services and initiatives to satisfy community need

 

Accessible and safe community spaces

 

Participation in recreational and leisure activity

 

A healthy and safe environment

 

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

 

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

 

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

 

 

VOTING REQUIREMENTS

Simple Majority

 

COUNCIL Resolution:

(Report Recommendation)

Moved: Cr D Male                                                    Seconded: Cr C Mitchell

 

That Council supports the adjustment of the Port Waters boundary to support the Town Beach revetment wall construction and requests the Chief Executive Officer to:

 

1.       Progress with the finalisation of the jetty licence with the Kimberley Ports Authority;

 

2.       Approach the Department of Planning, Lands and Heritage to facilitate the excision of the Port Waters to be amalgamated into Reserve 31340 for that area required for the construction of the revetment wall; and

 

3.       Apply for any licence or approvals and sign all relevant documents.

 

CARRIED UNANIMOUSLY 8/0

 

Attachments

1.

Amended Port Waters Boundary

  



MinutesOrdinary Meeting of Council 22 February 2018                                                                        Page 144 of 1227

 

 

With regard to Item 9.2.2, Cr P Matsumoto declared the following impartiality interest pursuant to Regulation 11 of the Local Government (Rules of Conduct) Regulations 2007 – “A board member and director of Nyamba Buru Yawuru.”

With regard to Item 9.2.2, Cr E Foy declared the following impartiality interest pursuant to Regulation 11 of the Local Government (Rules of Conduct) Regulations 2007 – “Yawuru TO member”

9.2.2      Waterbank – Portion Lot 259 on Deposited Plan 220696

LOCATION/ADDRESS:                             Portion Lot 259 on Deposited Plan 220696

APPLICANT:                                              Department of Planning, Lands and Heritage

FILE:                                                           COU; MOU-1/GEN; YEE; KIL; PLA53

AUTHOR:                                                   Land Tenure Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    3 January 2018

 

SUMMARY:         The Shire of Broome has received a request for comment from the Department of Planning, Lands and Heritage regarding a proposal to amalgamate a portion of Unallocated Crown Land (UCL) into adjoining pastoral leases.

As delegation does not exist for officers to provide comment and as the proposed amalgamation covers a large area of land, the request for comment is being referred to Council for consideration.

This report recommends that the Shire supports the amalgamation of that portion of UCL Lot 259 on Deposited Plan 220696 into the adjacent Pastoral Leases.

 

BACKGROUND

 

Previous Considerations

 

Nil.

 

History

 

The Shire has received correspondence from the Department of Planning, Lands and Heritage (DPLH), seeking the Shire’s comments on the proposed amalgamation of a portion of Unallocated Crown Land (UCL) Lot 259 on Deposited Plan 220696 into adjacent pastoral leases, being Country Downs, Mt Jowlaenga, Yeeda, Kilto and Roebuck Plains (adjacent Pastoral Leases).  The area proposed to be amalgamated is approximately 77,000 hectares (see Attachment 1). A map showing the proposed area and the surrounding pastoral leases is included in Attachment 2.

 

COMMENT

 

Pastoral leases are administered under the Land Administration Act 1997 by the Minister for Lands and the Pastoral Lands Board, having separate and specific powers.

 

The DPLH will facilitate the proposed amalgamation of that portion of UCL Lot 259 into the adjacent Pastoral Leases.  Further, it is anticipated that the Minister for Lands will invite expressions of interests from the adjacent Pastoral Lessees for the amalgamation of the relevant portions of UCL Lot 259.

 

The portion of UCL Lot 259 proposed to be amalgamated into the adjacent Pastoral Leases is zoned ‘Cultural and Natural Resources Use’, under the Shire’s Local Planning Scheme No.6. Grazing, non-irrigated crop production and the development associated with pastoral use are considered ‘Agriculture – Extensive’ and is a permitted land-use activity in the Culture and Natural Resource Use zone.

 

It is therefore recommended that Council support the amalgamation of that portion of UCL Lot 259 as indicated on Attachment 1 into adjacent pastoral leases, Country Downs, Mt Jowlaenga, Yeeda, Kilto and Roebuck Plains.

 

CONSULTATION

 

Department of Planning Lands and Heritage

Country Downs Station

Mt Jowlaenga Station

Yeeda Station

Kilto Station

Roebuck Plains Station

 

STATUTORY ENVIRONMENT

 

Land Administration Act 1997

 

101.   Grant of pastoral lease, Minister’s powers as to

      (1)     The Minister may grant a lease (a pastoral lease) over any Crown lands in accordance with Part 6 and this Part.

      (2)     Subject to this section, if land under a pastoral lease proposed to be granted includes improvements, the grant of the lease may be subject to the payment of a sale price.

      (3)     Subsection (2) does not apply in relation to a grant or renewal of a lease offered under section 140.

      (4)     The Minister must act under this section in consultation with the Board, which is to offer its advice on the setting of the sale price, conditions and procedures for any of the release processes, and the evaluation of applicants under section 102.

      (5)     A pastoral lease must not be granted unless —

                 (a)     the Board is satisfied that the land under the lease will be capable, when fully developed, of carrying sufficient authorised stock to enable it to be worked as an economically viable and ecologically sustainable pastoral business unit; or

                 (b)     the lease is to be amalgamated with an adjoining pastoral lease; or

                 (c)     the lease is to become, together with an adjoining pastoral lease or part of an adjoining pastoral lease, a pastoral business unit under section 142A, the creation of which has been approved under section 142A(1).

 

102.   Public offers etc. of pastoral leases to be made before grant

      (1)     Before granting a pastoral lease, the Minister must by advertisement in a daily newspaper circulating throughout the State —

                 (a)     offer the pastoral lease for sale; or

                 (b)     invite expressions of interest in the lease; or

                 (c)     invite tenders for the lease; or

                 (d)     offer the lease for auction.

      (2)     An offer or invitation under this section may be withdrawn at any time, and another offer or invitation made at any time.

      (3)     An application in response to an offer or invitation under this section must be in an approved form.

 

POLICY IMPLICATIONS

 

Nil.

 

FINANCIAL IMPLICATIONS

 

Nil.

 

RISK

 

Nil.

 

STRATEGIC IMPLICATIONS 

 

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

 

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

 

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

 

Affordable land for residential, industrial, commercial and community use

 

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

 

VOTING REQUIREMENTS

Simple Majority

 

COUNCIL Resolution:

(Report Recommendation)

Moved: Cr B Rudeforth                                             Seconded: Cr C Mitchell

That Council requests that the Chief Executive Officer advise the Department of Planning, Lands and Heritage that it supports the proposed amalgamation of that portion of Unallocated Crown Land Lot 259 on Deposited Plan 220696, as indicated on Attachment 1, into adjacent pastoral leases being Country Downs, Mt Jowlaenga, Yeeda, Kilto and Roebuck Plains.

CARRIED UNANIMOUSLY 8/0

 

Attachments

1.

Portion of Lot 259 on DP 220696

2.

Plan showing adjacent pastoral leases


Item 9.2.2 - Waterbank – Portion Lot 259 on Deposited Plan 220696

 

 

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Item 9.2.2 - Waterbank – Portion Lot 259 on Deposited Plan 220696

 

 

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MinutesOrdinary Meeting of Council 22 February 2018                                                                        Page 153 of 1227

 

 

9.2.3      PROPOSED THIRD PARTY APPEAL RIGHTS FOR DECISIONS MADE BY DEVELOPMENT ASSESSMENT PANELS

LOCATION/ADDRESS:                             N/A

APPLICANT:                                              N/A

FILE:                                                           PLA22

AUTHOR:                                                   Senior Planning Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    23 January 2018

 

SUMMARY: The Western Australian Local Government Association (WALGA) State Council has requested member Local Councils provide comment as to whether they support the introduction of third party appeal rights for decisions made by Development Assessment Panels (DAPs).

The arguments for and against the introduction of third party appeal rights are presented for Council’s consideration. This report recommends that Council register support for the introduction of limited third party appeal rights for DAP decisions.

 

BACKGROUND

 

Previous Considerations

 

Nil.

 

What are third party appeal rights?

 

Third party appeal rights provide third parties with the ability to appeal a planning decision on the basis of the planning merits of the decision. Currently in Western Australia, an applicant can appeal a decision via the State Administrative Tribunal, such appeal rights do not exist for third parties. Under the current planning system, appeals must be founded on valid planning rationale. This would also be the case if third party appeal rights were introduced, with appeals to be considered on their planning merits. 

 

In addition to merit based third party appeals, planning decisions may also be appealed by a third party via judicial review (through a court of law). In such instances, consideration is given to the administrative process by which a decision was made and not the planning merit/rationale.

 

In the context of potential third party appeal rights for decisions made by DAPs, merit based appeals are the only form of third party appeal under consideration.

 

Background

 

Third party appeal rights for planning decisions exist in most of Australia’s States and Territories. The models allowing for third party appeals vary, with some appeal rights limited to types of applications based on categories of significance of a proposal or categories based on assessable impact of a proposal.  For example, third party appeals may only be allowed for development adjoining a residential area or place of designated environmental value. The Victorian and Tasmanian systems make provision for the broadest appeal rights. Appeals in Tasmania are limited to discretionary decisions requiring advertising. Appellants in Victoria do not need to demonstrate how they will personally be affected, allowing for appeals based on broad public interest issues.

 

Western Australia’s State planning framework, unlike other State jurisdictions in Australia, does not make provision for third party appeal rights, with the stated position of the State Government as at 2015 being:

 

“The Government does not believe that the introduction of third party appeal rights in Western Australia is consistent with current attempts to simplify and streamline the planning approvals process. The Planning and Development Act 2005 requires public consultation in relation to the planning framework established in local and regional areas, with public consultation mandated for local and region planning scheme amendments, as well as State Planning Policies, local planning policies, and structure plans. As such, the Government believes that the current planning process provides sufficient opportunity for the local community to have a say in what happens in their neighbourhoods.”

 

Although some local planning schemes have in the past made provision for third party appeal rights, no such provision for third party appeal rights exists under the current Planning and Development Act 2005 (P&D Act). The WALGA State Council in 2008 formed a policy position against the introduction of third party appeal rights, however since that time reforms to the State planning framework, including the introduction of DAPs, has led to renewed interest in consideration of the matter.

 

In December 2016, the WALGA State Council resolved to undertake research on third party appeal rights around Australia and consult with member local governments regarding its policy position. WALGA prepared a discussion paper (see Attachment 1), which provides background on the development of WALGA’s position and a review of arguments for and against third party appeal rights. Following circulation of the discussion paper to local governments, feedback was presented to the State Council at its 8 September 2017 meeting where it was resolved that:

 

1.   State Council notes that there is increased support for the introduction of some form of TPAR.

2.   WALGA undertakes further consultation with members on TPAR included elected member workshops, discuss the various concerns and suggestions raised in response to the discussion paper, the form and scope of any such appeal right should include the appropriate jurisdiction including Joint-DAPS, SAT, and WAPC to determine a preferred model.

3.   The findings to be distributed for comment and the Item then be reconsidered by State Council.

4.   WALGA continue to advocate that an independent review of decision making within the WA planning system is required, including the roles and responsibilities of State and Local Government and other decision-making agencies, Development Assessment Panels and the State Administrative Tribunal appeal process.

 

The submissions received on the discussion paper were collated into four options for third party appeal rights which were presented at two workshops and a webinar held in November 2017. These sessions were attended by some 35 officers and 5 elected members representing 25 local governments. During the workshops there was general consensus on the benefits that the introduction of third party appeal rights would provide. These included:

 

-     Greater accountability of decision-makers, including Local Government, Development Assessment Panels and the State;

-     Greater transparency in the planning decision-making process;

-     Improved consultation by applicants;

-     Increased community confidence in the planning system and planning decisions; and

-     More equity between applicants and appellants.

 

There was general agreement on areas of concern should some form of third party appeal rights be introduced. These included:

 

-     Increased costs, in terms of both staff resources and financial requirements;

-     More time required for a development to receive a planning approval in order to allow for third party appeals;

-     Introduction of third party appeal rights would be counter to current efforts to streamline the planning process;

-     Introduction of third party appeal rights would create uncertainty for the development industry;

-     Removal of decision making power from Local Government;

-     Raises community expectations which may not be met in practice;

-     Creates an adversarial/litigious environment around planning decisions; and

-     Introduction of third party appeals does not address most of the underlying concerns regarding the current planning system.

 

It was clear from the discussions that any system of third party appeals would need to be carefully constructed and provide clear guidance on several issues, including:

 

-     When and how a third party can lodge an appeal, and the types of appeals that would be supported;

-     Ensuring appeals are only lodged on proper planning grounds, and not for vexatious or competitive purposes;

-     Whether ‘deemed-to-comply’ decisions would be appealable; and

-     Would third party appellants be provided some form of ‘legal aid’ to assist in lodging appeals, to keep the process from being cost prohibitive?

 

After reviewing the model options participants were asked to vote via secret ballot for their preferred model. The option which received the greatest support was the introduction of third party appeal rights for decisions made by DAPs. A summary of remarks, both for and against, is set out below:

 

FOR

AGAINST

Local government would be able to appeal a DAP decision and defend the merits of their policies and enforceability of their conditions.

Will require increased staff and resources.

Addresses community concerns that decisions are being made ‘removed’ from the local community, leading to improved community confidence in the system.

Possibility that the Minister could remove elected members from DAPs if local government can appeal anyway. Possible conflict of interest for elected member panellists.

More transparent process with more accountable DAP members, in both decision making and condition setting.

Elected members may be pressured to initiate an appeal, rather than the community initiating an appeal.

Could allow for appeal on conditions that may have been removed from a Responsible Authority Report.

Reduces certainty in the decision-making process.

A good first stage approach for the introduction of third party appeal rights could be expanded later.

Possibility for more than one person to want to appeal – how to manage multiple appeals/appellants, and determine degree of impact?

Limits appeal rights to larger, more complex applications and would filter out ‘smaller’ impact applications which could potentially overburden the system.

Only applies to DAP determinations, does not include applications for $2-$10 million that are determined by the local government. If applicant does not opt-in to the DAP then they can avoid third party appeal rights.

May rarely be used in rural areas, is almost the status quo.

Could undermine the reason for DAPs being set up originally.

Likely that more applications will be decided by local government.

Adds another layer to an already complex system.

 

The purpose of the consultation undertaken by WALGA was not to develop the full details and criteria for a system of third party appeal rights, but rather to determine a preferred model for third party appeal rights. Accordingly, WALGA is now requesting that Council consider the merits of introducing third party appeal rights for decisions made by DAPs and advise of their support or otherwise for this model.

 

A summary of the pros and cons regarding the introduction of third party appeal rights for decisions made by DAPs, and potential implications for the Shire of Broome is detailed in the comments section below.

 

COMMENT

 

The Western Australian planning framework does not currently make provision for third parties (i.e. persons other than an applicant) to appeal a DAP decision. A right of appeal is also not available to third parties for non-DAP planning decisions made by local governments or the Western Australian Planning Commission (WAPC).

 

A key point of difference between non-DAP and DAP decisions is that non-DAP decisions are made by local government, or by authorities such as WAPC following consultation with local government. However, DAP decisions are made by the panel consisting of three Minister appointed experts and two local government elected members. There has been some criticism levelled at decisions made by DAPs, particularly in the metropolitan area where DAPs have approved developments which were not supported by the local government and involved a significant departure from the adopted planning framework. In such instances, there is no avenue available for the local government to request a review of that decision. 

 

In light of this, the merits of introducing third party appeal rights for DAP decision are outlined below.  

 

Arguments for the introduction of third party appeal rights for DAP decisions

 

An argument put forward in support of the introduction of third party appeal rights for DAP decisions is that DAP decisions are, by design, largely removed from community and elected member decision making. A common criticism of DAP decisions and processes is that DAPs are not representative of community interests. With the membership of DAPs comprising a greater number of expert panel members than elected representatives, concern has been raised as to whether the current DAP system is adequate in ensuring that decisions reflect the objectives of local planning frameworks. From this perspective, the introduction of third party appeal rights for DAPs should enhance access for both community members and local governments in the DAP decision-making process.

 

Research undertaken as part of the preparation of WALGA’s 2017 discussion paper found that the majority of third party appeals in Melbourne were lodged by well-organised, well-connected, and well-resourced sectors of the community, with data pointing to a clear link between the socio-economic capacity of an area and the likelihood of an appeal. Though perhaps not surprising, the research does indicate that third party appeal rights do not necessarily translate to a broader equity of access for communities. Nevertheless, there is an argument that an absence of third party appeal rights equates, to some extent, to a silencing of the community voice in the DAP decision-making process.

 

A merit-based framework for third-party appeals has benefits insofar as it ensures that appeals based on vexatious issues or non-planning grounds are not able to delay or prevent development. On this basis, the introduction of third party appeal rights for DAP decisions will have the benefit of allowing community concerns to be taken into account, but this would be limited to concerns relating to planning merit alone.

 

A number of other local governments, including City of Swan and City of Joondalup, support the introduction of third party appeal rights for DAP decisions on this basis.

 

Arguments against introduction of third party appeal rights for DAP

 

The introduction of third party appeal rights for decisions made by DAPs could in some cases lead to time delays for applicants, and increased costs for all parties involved. Research by the Australian Housing and Research Institute has indicated that although third party appeals account for just 19% of all planning appeals to the Victorian Civil and Administrative Tribunal, the impact of delays and increased costs associated with such appeals contributes to decreased investor confidence with flow-on detrimental impacts on investment and economic activity.

 

From an organisational perspective, though the Shire has very limited exposure to DAP (or JDAP) decisions, it is foreseeable that the introduction of third party appeal rights for such decisions could lead to added costs with respect legal fees and demand on staff resources. Additionally, the introduction of third party appeal rights may increase demands on the time of those elected members appointed as representatives on the JDAP.

 

Conclusion

 

In considering how the introduction of third party appeal rights for DAP decisions may affect the Shire of Broome, it is clear, given the limited number of DAP applications that are presented to the Kimberley JDAP, that there is not likely to be a significant impact organisationally in terms of increased demand on resourcing. However, there is weight to the argument that third party appeal rights for DAP decisions would increase community confidence in the DAP decision-making process by providing a mechanism through which broader community issues and concerns, and the interests of the Shire, may be presented.

 

Recognising that the introduction of third party appeal rights on an unlimited basis could facilitate appeals made without sound planning merit, it is recommended that support for the introduction of third party appeal rights for DAP decisions be conditioned on appeal rights being limited to consideration of planning merit. This would limit the potential for increased costs and time-delays for both developers and the Shire organisationally.  Such a model would also ensure a greater level of protection for both Shire and community interests compared to what is provided for under the current system.

 

CONSULTATION

 

Nil.

 

STATUTORY ENVIRONMENT

 

Planning and Development Act 2005

 

POLICY IMPLICATIONS

 

Nil.

 

FINANCIAL IMPLICATIONS

 

There is a risk that should third party appeal rights for DAP decisions be introduced, some increased costs associated with assessment and consideration of appeals may be incurred by the Shire organisationally with respect legal, consultant and staff resourcing demands.

 

RISK

 

There is a risk that should third party appeal rights for DAP decisions be introduced, some increased costs associated with assessment and consideration of appeals may be incurred by the Shire organisationally with respect legal, consultant and staff resourcing demands.

 

However, the introduction of third party appeal rights for DAP decisions would provide an increased level of protection for the interests of the Shire, reducing the risk of an outcome through a DAP decision being averse to the Shire’s interests.

 

STRATEGIC IMPLICATIONS 

 

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

 

Effective communication

 

A healthy and safe environment

 

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

 

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

 

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

 

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

 

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

 

Improved systems, processes and compliance

 

VOTING REQUIREMENTS

Simple Majority

 

 Council Resolution:

(Report Recommendation)

Moved: Cr D Male                                                    Seconded: Cr P Matsumoto

That Council requests that the Chief Executive Officer advise the WALGA State Council that it supports the introduction of limited third party appeal rights in the Western Australian planning framework for decisions made by Development Assessment Panels (DAPs), on the basis that:

1.       The DAP system as it currently exists provides for Panels that are comprised predominantly of non-elected members who cannot be expected to have the knowledge or awareness of local issues;

2.       As there are more non-elected members than elected members on DAPs, the local government representatives do not have the ability to ensure a DAP decision is made that is consistent with the community’s and local government’s interests;

3.       Public confidence in the accountability of the DAP system would be enhanced through the introduction of third party appeal rights; and

4.       If introduced, third party appeal rights should only extend to consideration of valid planning grounds.

CARRIED UNANIMOUSLY 8/0

 

Attachments

1.

WALGA Discussion Paper

  


Item 9.2.3 - PROPOSED THIRD PARTY APPEAL RIGHTS FOR DECISIONS MADE BY DEVELOPMENT ASSESSMENT PANELS

 

 

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MinutesOrdinary Meeting of Council 22 February 2018                                                                        Page 175 of 1227

 

 

9.2.4      CONSTRUCTION OF CAR PARKING IN ROAD RESERVE IN ASSOCIATION WITH NEW SHOWROOM - LOT 50 GUY STREET

LOCATION/ADDRESS:                             Lot 50 (No.95) Guy Street

APPLICANT:                                              Ricon on behalf of Warren & Charmain Minshull

FILE:                                                           GUY-1/95

AUTHOR:                                                   Senior Planning Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    24 January 2018

 

SUMMARY: An application for Development Approval has been received for the construction of a new 435sqm automotive parts showroom in association with the existing ‘Minshull Mechanical’ business at 95 Guy Street. Submitted plans detail 31 car parking bays to be constructed on-site, with an additional 19 bays to be constructed within the adjoining Guy Street road reserve.

The application is presented for consideration further to the Shire’s Local Planning Policy 5.5 – Parking (LPP 5.6), which allows for construction of car parking bays in a verge abutting a property at Council’s discretion.

This report recommends that the application be approved, subject to conditions.

 

BACKGROUND

 

Previous Considerations

 

OMC 13 April 2004                             Item 9.2.4

OMC 27 November 2014                  Item 9.2.6

 

Site and Surrounds

 

Zoned ‘Light and Service Industry’, the 6,253sqm subject site is located on the southern side of Guy Street with the adjoining land-use consisting of light industrial development to the east, west and south. Medium density residential development is located opposite the lot across Guy Street to the north.

 

Existing land-use on-site consists of an automotive parts and mechanical repair and wrecking business, (‘Minshull Mechanical’), with existing development comprising a 667sqm workshop, 153sqm automotive parts retail floor-space, 180sqm car detailing/painting workshop, and an 80sqm staff amenities building.

 

Background

 

Development approval was originally granted on 13 April 2004 for a ‘Mechanical Workshop, Showroom, Wrecking Yard and Caretaker’s Dwelling’ at 95 Guy Street. An application to vary the 2004 approval, to allow for the construction of 34 car parking bays within the road reserve, was approved by Council on 27 November 2014. The approval was conditioned to require installation of landscaping for the car parking within the verge; and registration of notification on title setting out the landowner’s responsibility for maintenance and removal (if required) of works within the road reserve. The landowner was also required to take out and maintain public liability insurance for works within the road reserve. Specifically, Council’s approval required car parking to be constructed prior to 1 March 2015, and landscaping installed prior to 30 June 2015. Following the failure of the landowner to meet these requirements, compliance action was undertaken by the Shire in relation to these conditions of approval. However ultimately, the approval and conditions were never acted upon by the developer. 

 

The Proposal

The current application proposes the construction of a new 435sqm automotive parts showroom, of which 285sqm will be used for retail sales and 150sqm for storage. Existing car parking and manoeuvring areas on-site are unsealed, being a mixture of cracker-dust and pindan. Submitted plans (see Attachment 1) show 31 car parking bays to be constructed on-site, with all bays and vehicle manoeuvring areas to be hard-sealed. Additionally, the application proposes the construction of 19 car parking bays within the Guy Street road verge.

 

COMMENT

 

Land Use

The subject site is zoned ‘Light & Service Industry’ under Local Planning Scheme No 6 (LPS6). The proposed ‘Showroom’ use a ‘D’, ‘discretionary’, land-use within the zone for which Development Approval is required.

 

The proposed development is consistent with the objectives for the zone as set out under clause 3.9 of LPS 6 and complies with all site requirements, including the allocation of areas for landscaping. The applicant at this point has not provided a detailed landscaping plan and this is recommended to form a condition of approval and would need to be submitted before building commences on site. 

 

Parking Provision – Schedule 16 & Local Planning Policy 5.6 - Parking

Schedule 9 of LPS 6 requires parking to be provided for development within the Light & Service Industry zone at a ratio of 1 bay per 50sqm of gross-leasable area floor-space. In assessing the current application, calculation of parking ratios has been undertaken with consideration for the intended uses of the proposed showroom, as follows:

 

Proposed land-use activity type & floor-area

Parking Ratio – Schedule 9

Required Bays

Automotive Parts Retail 285sqm

1 bay per 15sqm

19

Storage 150sqm

1 bay per 50sqm

3

 

Total

22

As shown above, a minimum of 22 car parking bays are required to service the proposed development. Assessment of parking requirements applicable to existing land-use and development on-site is as follows:

 

Existing land-use activity type & floor-area

Parking Ratio – Schedule 9

Required Bays

Mechanical Repair Workshop 667sqm

1 bay per 50sqm

14

Automotive Parts Retail 153sqm

1 bay per 15sqm

10

Automotive/Light & Service Industry 180sqm

1 bay per 50sqm

4

 

Total

28

 

Further to the above, a minimum of 50 car parking bays are required to be provided to service both the existing and proposed land-use activity on-site. While submitted plans show 50 bays, 19 of these are proposed to be constructed within the adjacent Guy Street road reserve.  LPP 5.6 provides guidance for the assessment of proposals to install off-site parking within road reserves. Specifically, LPP 5.6 provides that in order for ‘off-site’ parking to be considered, the applicant must show:

 

a)      the location of the off-site park is conveniently located to the subject development;

b)      a safe and well-lit pedestrian access can be provided between the sites;

c)      the customers and patrons of the proposed development can be reasonably expected to use the ‘off-site’ parking area; and

d)      any other relevant matters.

 

With consideration for the above, the construction of bays within the verge as proposed:

          a)      will be conveniently located adjacent to the subject development;

b)      will be landscaped to include safe pedestrian connection through vehicle manoeuvring areas; and

c)      is likely to be utilised by patrons and employees of the proposed development, given the prevalence of customer parking on the verge under current         arrangements.

 

LPP 5.6 requires off-site parking areas to be landscaped at a rate of 1 tree per 4 parking bays to ensure shading of bays, or 1 tree per 12m of consecutive bays, whichever the lesser. It is recommended that approval be conditioned to require the submission of landscaping plans demonstrating shading of parking bays and construction of parking bays, pedestrian connections and vehicle manoeuvring areas in compliance with LPP 5.6 and the Shire’s Local Planning Policy 5.7 – Development Standards for Development Applications (LPP 5.7.  Additionally, it is recommended that approval be conditioned to require submission of an engineering plan detailing all proposed works within the verge in accordance with the Shire’s Guidelines for the Construction of Carparking within the Shire of Broome Road Reserves.

 

Deed of Agreement – Maintenance Responsibilities & Public Liability Insurance

 

To ensure that development is undertaken and maintained to a standard in compliance with approved plans as required under LPP 5.5, it is also recommended that a deed of agreement (prepared at the landowners cost) be entered into between the Shire and the landowner setting out the landowner’s ongoing maintenance responsibilities with respect to car-parking and landscaping within the road reserve. As is standard practice consistent with the provisions of LPP 5.5, it is also recommended that approval be conditioned to require the landowner to take out and maintain public liability insurance for works within the road reserve. 

 

Summary

The application to construct 19 car parking bays and landscaping within the Guy Street road reserve in association with a proposed showroom development complies with the land-use objectives and site and development requirements of LPS 6.

 

With reference to the Matters to be Considered under Clause 67 of the Deemed Provisions, it is considered that the development proposal will contribute positively to the streetscape in the locality, is not expected to impact adversely upon adjoining development, and is a form of land-use that complements the development objectives for the zone under the Shire’s planning framework. Accordingly, the application is recommended for approval subject to conditions to ensure ongoing maintenance responsibilities for car parking and landscaping areas within the road reserve. 

 

CONSULTATION

 

As per the Shire’s Local Planning Policy 5.14 – Public Consultation Planning Matters advertising of the application was not required.

 

STATUTORY ENVIRONMENT

 

Planning and Development Act 2005

 

Planning and Development (Local Planning Schemes) Regulations 2015

 

Local Planning Scheme No.6.

 

POLICY IMPLICATIONS

 

Local Planning Policy 5.5 – Parking

 

Local Planning Policy 5.7 – Development Standards for Development Applications

 

FINANCIAL IMPLICATIONS

 

Conditions of approval are recommended setting out that car parking and landscaping will be the responsibility of the landowner to maintain.

 

RISK

 

Nil.

 

STRATEGIC IMPLICATIONS  

 

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

 

Accessible and safe community spaces

 

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

 

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

 

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

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                               Seconded: Cr M Fairborn

That Council:  

 

1.         Approves the ‘Construction of Car Parking within the Road Reserve in association with new Showroom’ at Lot 1 (No.95), Guy Street, Broome, subject to the following conditions:

a)   Development must be carried out in compliance with the plans and documentation listed below and endorsed with the Council's stamp, except where amended by other conditions of this approval.

Plans & Specifications

P1, (Site Plans & Elevations), & P2, P3, P4, (Floor Plans & Elevations), as received by the Shire on 18 December 2017.

b)   Prior to any construction or works commencing on site, the applicant must prepare and submit the following plans for the approval of the Shire of Broome:

i.     A detailed engineering plan for all car parking and works (including footpaths, structures and crossovers) within the adjacent road reserve;

ii.    A storm water drainage plan designed and documented by a practising    Civil Engineer;

iii.   A landscaping plan detailing landscaping of the lot and car parking areas        within the adjoining road reserve.

c)   Prior to the occupation of the development, the applicant is to complete the following works and therein maintain to the satisfaction of the Shire of Broome:

i.     Construct the car parking bays on site and within the adjacent road verge in accordance with the approved engineering plan and storm water drainage plan.

ii.    Construct the crossover in accordance with the approved engineering plan.

iii.   Install the landscaping in accordance with the approved landscaping plan.

d)   Prior to the occupation of the development a deed of agreement is to be prepared and executed at the owner’s cost between the owner and the Shire, under which:

i.     The owner is responsible for the maintenance of the car parking and landscaping within the road verge; and

ii.    The owner indemnifies the Shire over any claim arising from the improvements in the road verge and agrees to take out and maintain public liability insurance for a minimum amount of $10 million for any one claim.

The deed of agreement is to permit the Shire to lodge a caveat against the Certificate of Title to the land to secure the performance of the obligations of the deed.

e)   Car parking bays and areas designated for landscaping, both within the boundaries of the lot and road reserve, shall not be used for the storage, display or selling of any goods or vehicles whatsoever. Car parking bays shown on the approved plans must be kept available at all times for customer/employee parking and cannot be used for vehicle storage.

          Advice Notes

 

A.   This approval does not permit the use of the land and or any building or undertaking of development unless all conditions have been and continue to be complied with. You are advised of the need to comply with the requirements of the following other legislation:

-      The Western Australian Building Act 2011 which requires a Building Permit to be obtained from the Shire before any work commences on site; and

-      Health Act 1911 and Department requirements in respect to the development and use of the premises.

Please note the above is not an exhaustive list of legislation and you may be required to comply with other relevant legislation.

 

B.    If the development the subject of this approval is not substantially commenced within two (2) years from the date of this letter, the approval shall lapse and be of no further effect. Where an approval has lapsed, development is prohibited without further approval being obtained.

 

C.   With regard to Condition b) above, the engineering plan for parking and works (footpaths, structures, parking and crossovers) must be prepared in accordance with the Guidelines for the Construction of Carparking within the Shire of Broome Road Reserves.

 

D.   The granting of this Development Approval is not a clearance that there are no Aboriginal Heritage Sites on the land nor is it an approval under Section 18 of the Aboriginal Heritage Act, in the event that there is an Aboriginal Heritage Site on the land. The land owner will need to make enquiry and application to the Department of Aboriginal Affairs in this regard. 

 

E.    The development must be connected to the Water Corporations sewer and water.

 

F.    With regard to condition b) the engineering plan must show a minimum 300mm clearance from the edge of footpaths to any solid obstruction.

 

G.   With regard to Condition b) above, the landscaping plan must be drawn to an appropriate scale and show the following:

The location and type of new trees and shrubs (including an estimate of ultimate girth and canopy sizes demonstrating capacity to provide shading of parking areas) that are proposed to be installed as part of landscaping;

Those areas that are to be reticulated or irrigated;

A minimum area of landscaping 1 metre wide to be installed and a minimum area of 1sqm around proposed tree trunks to be kept clear of impervious material.

 

2.       Authorises the Shire President and Chief Executive Officer to engross the necessary legal documents required to be prepared to satisfy the abovementioned conditions.

CARRIED UNANIMOUSLY 8/0

 

Attachments

1.

Site Plan & Elevations

2.

Floor Plans & Elevations

  


Item 9.2.4 - CONSTRUCTION OF CAR PARKING IN ROAD RESERVE IN ASSOCIATION WITH NEW SHOWROOM - LOT 50 GUY STREET

 

 


Item 9.2.4 - CONSTRUCTION OF CAR PARKING IN ROAD RESERVE IN ASSOCIATION WITH NEW SHOWROOM - LOT 50 GUY STREET

 

 


MinutesOrdinary Meeting of Council 22 February 2018                                                                        Page 184 of 1227

 

 

9.2.5      Local Government Property and Public Places Amendment Local Law 2017

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           BYL11

AUTHOR:                                                   Manager Emergency, Health and Ranger Services

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    2 January 2018

 

SUMMARY:         At the Ordinary Meeting of Council on 28 September 2017, Council resolved to make the Local Government Property and Public Places Amendment Local Law 2017. The proposed local law was advertised for public comment and submissions from interested parties were invited in accordance with the Local Government Act 1995.

The purpose of this report is for Council to consider the submission made during the submission period and, in accordance with provisions of Section 3.12(4) of the Local Government Act 1995, make the Shire of Broome Local Government Property and Public Places Amendment Local Law 2017.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 9 August 2012                           Item 9.4.3

OMC 25 September 2014                 Item 12.2

OMC 26 May 2016                             Item 9.2.8

OMC 9 November 2016                    Item 9.2.10

OMC 25 May 2017                             Item 9.2.3

OMC 28 September 2017                 Item 9.2.7

 

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

 

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

 

At the 28 September 2017 OMC it was resolved:

 

COUNCIL RESOLUTION:

(REPORT RECOMMENDATION)

Moved: Cr D Male                                           Seconded: Cr M Fairborn

That Council:

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

 

Purpose:

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

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

 

Effect:

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

 

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

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

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

                                                                  CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 5/0

 

The proposed Local Government Property and Public Places Amendment Local Law 2017 (proposed Local Law) was subsequently advertised for public submissions. The advertisements were placed in the West Australian on 14 October 2017 and the Broome Advertiser on 12 October 2017 as well as the Shire’s website and noticeboards at the Administration Building and Library.

 

The submission period closed 1 December 2017. No public submissions were received. In accordance with section 3.12(3)(b) of the Local Government Act 1995, a copy of the advertisement and proposed Local Law were sent to the Minister for Local Government on 17 October 2017. The Department of Local Government, Sport and Cultural Industries (DLGSC) responded on behalf of the Minister on 28 November 2017. The DLGSC comments included advice on potential repetition between existing subclauses and a proposed new subclause in clause 3.15 and other minor edits.  These comments have been incorporated into a schedule of submissions, see Attachment 1 to this report.

 

Attachment 2 to this report contains the proposed Local Law with tracked changes showing amendments made in response to the submission, including an additional formatting correction in clauses 1.5. Attachment 3 shows the proposed Local Law with these amendments but without tracked changes. Attachment 4 shows the Shire of Broome Local Government Property and Public Places Local Law 2016 including the amendments in the proposed Local Law shown in tracked changes. Attachment 5 shows the Shire of Broome Local Government Property and Public Places Local Law 2016 amended in accordance with the proposed Local Law and without tracked changes.

 

COMMENT

 

The amendments made in response to the DLGSC comments and to correct the minor formatting errors do not alter the scope of the proposed Local Law. The changes made to the proposed Local Law in response to the submission are:

 

1.   Amend Clause 3:

 

Place “Government Gazette” in italics

 

2.   Amend Clause 8:

 

Remove the designation (a) as only one amendment is being made;

 

3.   Amend clause 8:

 

Replace the text with the following:

 

In clause 3.15 delete paragraphs 3.15(b), (c), (d) and (e), and insert a new clause 3.15(b) as follows:

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

 

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

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

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

(iv)  prevent the consumption of any liquor on the local government property or thoroughfare unless the permit allows it and a licence has been obtained under the Liquor Control Act 1988 for that purpose.”

 

4.   Amend Clause 14

 

delete “public place” and insert “a public place”.

 

5.   Amend Clause 15

 

in paragraph (b), delete “and” at the end of the sentence.

 

6.   Amend Clause 15

 

in paragraph (c), insert “; and” at the end of the sentence.

 

The changes recommended by DLGSC as outlined above are relatively minor and enhance the proposed Local Law. Therefore, officers recommend that these changes be made to the proposed Local Law.

 

In addition, a minor formatting error was identified by officers in clause 1.5 (a full stop instead of a semicolon at the end of the new definition of “public place”).  It is recommended that this correction be made in the proposed Local Law also.

 

During review of the existing Local Law it was noted that clause 3.15 of the existing Local Law states:

 

A permit holder must - …..

(iv) prevent the consumption of any liquor within the public place unless the permit allows it and a licence has been obtained under the Liquor Control Act 1988 for that purpose.

 

Current Director of Liquor Licencing policy is to exempt small events from requiring a liquor licence. The exemption applies to events with less than 100 people that last for less than 2 hours, and less than 75 people that last for 4 hours. This exemption applies to a large proportion of the events approved in accordance with the existing Local Law. Therefore, the existing Local Law requires a licence but the Director of Liquor Licencing won’t issue one.

 

Following consultation with the DLGSC, it was agreed that a minor edit to the existing Local Law was required in response to this issue. It is therefore proposed that clause 8 of the amendment local law be amended to read:

 

A permit holder must- …..

(iv) prevent the consumption of any liquor within the public place unless –

A.    the permit allows it; and

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

 

The changes recommended above to the proposed Local Law are minor and enhance the operation of the proposed Local Law.  It is therefore recommended that the Council resolves to make the proposed Local Law and undertake the necessary steps for the amendments to take effect.

 

CONSULTATION

 

The proposed Local Law was advertised for public comment for a period of 42 days in accordance with the requirements of the Local Government Act 1995. No Public submissions were received. The DLGSC made a submission which is outlined in the schedule of submissions in Attachment 1.

 

The DLGSC and the Joint Standing Committee on Delegated Legislation (JSCDL) were consulted with regards to the additional amendments to Clause 3.15 of the existing Local Law. The advice sought was whether the changes made the amendment local ‘significantly different’ from what was advertised for public comment. The JSCDL were unable to provide a definitive answer, however based on the information provided both DLGSC and the JSCDL felt that the changes were minor in nature.

 

There remains a risk that the JSCDL may disallow the proposed Local Law if they find that the additional proposed amendment significantly alters the proposed Local Law. Council has the option of discontinuing the current process and readvertising, proceeding with the current process acknowledging the risk, or alternatively not proceeding with the proposed changes to clause 3.15 as proposed.

 

STATUTORY ENVIRONMENT

 

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

 

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

 3.12. Procedure for making local laws

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

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

(3)  The local government is to — 

(a) give Statewide public notice stating that — 

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

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

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

and

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

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

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

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

* Absolute majority required.

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

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

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

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

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

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

(8) In this section —

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

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

The local law is then published in the Government Gazette and a copy sent to the relevant Minister and the JSCDL.

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

 

POLICY IMPLICATIONS

 

Nil.

 

FINANCIAL IMPLICATIONS

 

In accordance with section 3.12 (6) of the Local Government Act 1995, if Council resolves to make the proposed Local Law, it will be necessary to advertise in a newspaper circulating throughout the district and publish the text in the Government Gazette. The current charge is $101.45 per page. The draft amended local law is 4 pages long. This equates to a gazettal fee of approximately $405.80.

 

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

 

RISK

 

There is a risk that the proposed Local Law will not be valid if it is not properly drafted.  The risk of this occurring is considered Moderate.  The risk of the incorrect drafting of this Local Law is mitigated through submission of the approved draft to the DLGSC and subsequent review by the JSCDL.

 

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

 

STRATEGIC IMPLICATIONS  

 

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

 

Accessible and safe community spaces

 

Participation in recreational and leisure activity

 

A healthy and safe environment

 

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

 

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

 

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

 

An organisational culture that strives for service excellence

 

Effective community engagement

 

Improved systems, processes and compliance

 

VOTING REQUIREMENTS

Absolute Majority

 

COUNCIL Resolution:

(Report Recommendation)

Moved: Cr B Rudeforth                                             Seconded: Cr C Marriott

That Council:  

1.       Under the provisions of section 3.12 of the Local Government Act 1995:

a.      Makes the Shire of Broome Local Government Property and Public Places Amendment Local Law 2017; and

b.      Publishes the Shire of Broome Local Government Property and Public Places Amendment Local Law 2017 in the Government Gazette and provides local public notice of the new Local Law.

2.       Forwards a copy of the gazetted Shire of Broome Property and Public Places Amendment Local Law 2017 to the Minister for Local Government, and provides documentation supporting the new local law to the Joint Standing Committee on Delegated Legislation.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 8/0

 

Attachments

1.

Schedule of Submissions

2.

Proposed Local Government Property and Public Places Amendment Local Law 2017 with tracked changes

3.

Proposed Local Government Property and Public Places Amendment Local Law 2017

4.

Local Government Property and Public Places Local Law 2016 with tracked changes

5.

Local Government Property and Public Places Local Law 2016

  


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

 

 

Schedule of Submissions – Shire of Broome Local Government Property and Public Places Amendment Local Law 2017

NO.

NAME & ADDRESS

SUBMISSION

OFFICER COMMENT

OFFICER RECOMMENDATION

1

DLGC

Clause 8 – Clause 3.15

 

Clause 8 amends clause 3.15 of the principal local law by deleting paragraph 3.15(b) and inserting a new paragraph 3.15(b).

 

The new clause 3.15(b) appears to replicate paragraphs 3.15(c), (d) and (e) of the principal local law.

 

As the amendment local law is currently drafted, paragraphs 3.15(c), (d) and (e) of the principal local law would remain in the principal local law in conjunction to the new paragraph 3.15(b).

 

If it is consistent with the Shire’s intention, the Shire may like to consider including an amendment in the amendment local law that deletes paragraphs (c) to (e) of the principal local law. This could be achieved by inserting the following:

 

 

8. Clause 3.15 amended

Clause 3.15 is amended as follows –

Delete paragraphs 3.15(b), (c), (d) and (e), and insert a new clause 3.15(b) as follows….

 

Examination found that the new clause 3.15(b) does replicate clauses 3.15(c) to (e).

Make the changes recommended by the DLGC.

 

DLGC

Minor Edits:

 

a)   Clause 3 – place “Government Gazette” in italics.

b)   Clause 8 – designation (a) is not required as there is only one amendment being made.

c)   Clause 14 – delete “public place” and insert “a public place”.

d)   Clause 15 – in paragraph (b), delete “and” at the end of the sentence.

e)   Clause 15 – in paragraph (c), insert “; and” at the end of the sentence.

f)    Clause 17 – place the following in capital letters as follows: “ON LOCAL GOVERNMENT PROPERTY AND THOROUGHFARES”.

 

 

Minor edits recommended.

Include minor edits in Local Law.

 

It is recommended that item f not be incorporated as this would make the heading inconsistent with existing headings in the Local Law.

 

 


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

 

 

 

LOCAL GOVERNMENT ACT 1995

 

Shire of Broome

 

LOCAL GOVERNMENT PROPERTY AND PUBLIC PLACES AMENDMENT LOCAL LAW 2017

 

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

 

1.      Citation

This local law is the Shire of Broome Local Government Property and Public Places Amendment Local Law 2017.

 

 

2.      Commencement

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

 

 

3.      Principal local law amended

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

 

 

4.      Clause 1.5 amended

In clause 1.5 –

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

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

(c)       delete the definition for private land;

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

public place means:

(a)    any thoroughfare or local government property; or

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

 

 

5.         Clause 3.1 amended

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

 

 

6.         Clause 3.2 amended

Clause 3.2 is amended as follows –

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

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

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

(d)       delete clause 3.2(1)(i);

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

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

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

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

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

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

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

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

 

7.         Clause 3.4 amended

In clause 3.4(1) replace “in a public place” with “on local government property”.

 

8.         Clause 3.15 amended

In clause 3.15 delete clause 3.15(b), (c), (d) and (e) and insert a new clause 3.15(b) as follows

 

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

 

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

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

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

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

A. the permit allows it; and

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

 

 

9.         Clause 4.2 amended

Clause 4.2 is amended as follows –

(a)       in clause 4.2(1) replace “in a public place” with “on local government property or a thoroughfare”;

(b)       in clause 4.2(2)(a) delete “public”;

(c)        in clause 4.2(2)(b) delete “public”; and

(d)       in clause 4.2(2)(c) delete “public”.

 

 

10.      Clause 4.4 amended

In clause 4.4(1) replace “public place” with “local government property or thoroughfare”.

 

 

11.      Clause 4.5 amended

In clause 4.5(c) delete “public”.

 

 

12.      Clause 4.8 amended

In clause 4.8(1):

(a)       replace “in a public place” with “on local government property”; and

(b)       replace “public place” with “property”.

 

 

13.      Clause 5.1 amended

In clause 5.1(1) replace “3.5” with “3.2”.

 

 

14.      Clause 7.2 amended

In clause 7.2(1)(a) replace “a public place” with “local government property”.

 

 

15.      Clause 8.3 amended

Clause 8.3 is amended as follows –

(a)       insert the word ‘or’ at the end of 8.3(c)(ii)A;

(b)       in clause 8.3(c)(ii)B. insert words ‘or gravel 20mm<’ following the words ‘crushed rock’;

(c)        delete the word ‘or’ at the end of 8.3(c)(ii)B; and

(d)       delete clause 8.3(c)(ii)C.

 

16.      Clause 8.5 amended

Clause 8.5 is amended as follows –

(a)       replace “bitumen,” with “bitumen or”; and

(b)       delete “or an area of inorganic material which exceeds 20 square metres”.

 

17.      Part 9 heading amended

The heading for Part 9 is amended by replacing “in public places” with “on local government property and thoroughfares”.

 

 

18.      Clause 9.3 amended

Clause 9.3 is amended as follows –

(a)       in clause 9.3(1)(a) replace “in a public place” with “on local government property or a thoroughfare”; and

(b)       in clause 9.3(1)(b) replace “in a public place” with “on local government property or a thoroughfare”.

 

 

19.      Clause 9.5 amended

In clause 9.5(1)(a)(vii) replace “public” with “thoroughfare or”.

 

20.      Clause 9.6 amended

Clause 9.6 is amended as follows –

(a)      in clause 9.6(1) replace “in a public place” with “on local government property or a thoroughfare”;

(b)      in clause 9.6(1)(c) replace “public” with “thoroughfare or”; and

(c)      in clause 9.6(1)(h) replace “in a public place” with “on a thoroughfare”.

 

 

21.      Schedule 1 amended

Schedule 1 is amended as follows –

(a)       in the General Description of Offence for item 24 replace “a public place or” with “local government property or a”; and

(b)       in the General Description of Offence for item 39 delete “in a public place”.

 

 

 

Dated XX XXXX XXXX

 

 

The Common Seal of the             )

Shire of Broome                            )

was affixed under the authority   )

of a resolution of Council in the  )

presence of:                                   )

 

 

 

_____________________________              _____________________________

 H TRACEY                                                         S MASTROLEMBO

Shire President                                  Chief Executive Officer

 


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

 

 

LOCAL GOVERNMENT ACT 1995

 

Shire of Broome

 

LOCAL GOVERNMENT PROPERTY AND PUBLIC PLACES AMENDMENT LOCAL LAW 2017

 

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

 

1.      Citation

This local law is the Shire of Broome Local Government Property and Public Places Amendment Local Law 2017.

 

 

2.      Commencement

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

 

 

3.      Principal local law amended

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

 

 

4.      Clause 1.5 amended

In clause 1.5 –

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

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

(c)       delete the definition for private land;

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

public place means:

(a)    any thoroughfare or local government property; or

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

 

 

5.         Clause 3.1 amended

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

 

 

6.         Clause 3.2 amended

Clause 3.2 is amended as follows –

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

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

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

(d)       delete clause 3.2(1)(i);

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

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

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

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

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

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

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

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

 

7.         Clause 3.4 amended

In clause 3.4(1) replace “in a public place” with “on local government property”.

 

8.         Clause 3.15 amended

In clause 3.15 delete clause 3.15(b), (c), (d) and (e) and insert a new clause 3.15(b) as follows –

 

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

 

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

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

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

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

A.   the permit allows it; and

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

 

9.         Clause 4.2 amended

Clause 4.2 is amended as follows –

(a)       in clause 4.2(1) replace “in a public place” with “on local government property or a thoroughfare”;

(b)       in clause 4.2(2)(a) delete “public”;

(c)        in clause 4.2(2)(b) delete “public”; and

(d)       in clause 4.2(2)(c) delete “public”.

 

 

10.      Clause 4.4 amended

In clause 4.4(1) replace “public place” with “local government property or thoroughfare”.

 

 

11.      Clause 4.5 amended

In clause 4.5(c) delete “public”.

 

 

12.      Clause 4.8 amended

In clause 4.8(1):

(a)       replace “in a public place” with “on local government property”; and

(b)       replace “public place” with “property”.

 

 

13.      Clause 5.1 amended

In clause 5.1(1) replace “3.5” with “3.2”.

 

 

14.      Clause 7.2 amended

In clause 7.2(1)(a) replace “a public place” with “local government property”.

 

 

15.      Clause 8.3 amended

Clause 8.3 is amended as follows –

(a)       insert the word ‘or’ at the end of 8.3(c)(ii)A;

(b)       in clause 8.3(c)(ii)B. insert words ‘or gravel 20mm<’ following the words ‘crushed rock’;

(c)        delete the word ‘or’ at the end of 8.3(c)(ii)B; and

(d)       delete clause 8.3(c)(ii)C.

 

16.      Clause 8.5 amended

Clause 8.5 is amended as follows –

(a)       replace “bitumen,” with “bitumen or”; and

(b)       delete “or an area of inorganic material which exceeds 20 square metres”.

 

17.      Part 9 heading amended

The heading for Part 9 is amended by replacing “in public places” with “on local government property and thoroughfares”.

 

 

18.      Clause 9.3 amended

Clause 9.3 is amended as follows –

(a)       in clause 9.3(1)(a) replace “in a public place” with “on local government property or a thoroughfare”; and

(b)       in clause 9.3(1)(b) replace “in a public place” with “on local government property or a thoroughfare”.

 

 

19.      Clause 9.5 amended

In clause 9.5(1)(a)(vii) replace “public” with “thoroughfare or”.

 

20.      Clause 9.6 amended

Clause 9.6 is amended as follows –

(a)      in clause 9.6(1) replace “in a public place” with “on local government property or a thoroughfare”;

(b)      in clause 9.6(1)(c) replace “public” with “thoroughfare or”; and

(c)      in clause 9.6(1)(h) replace “in a public place” with “on a thoroughfare”.

 

 

21.      Schedule 1 amended

Schedule 1 is amended as follows –

(a)       in the General Description of Offence for item 24 replace “a public place or” with “local government property or a”; and

(b)       in the General Description of Offence for item 39 delete “in a public place”.

 

 

 

Dated XX XXXX XXXX

 

 

The Common Seal of the             )

Shire of Broome                            )

was affixed under the authority   )

of a resolution of Council in the  )

presence of:                                   )

 

 

 

_____________________________              _____________________________

H TRACEY                                                          S MASTROLEMBO

Shire President                                  Chief Executive Officer

 


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;

(c)   sporting and competitor events such as marathons, triathlons, organised swims and other similar events;

(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

(c)     interference which causes material damage to land or other property on the land affected by the interference;

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

(c)     a boat or personal watercraft;

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;

(c)    as to the matters in clauses 2.7(2) and 2.8(2); and

(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

(c)    have effect on the commencement day.

 

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

(c)    not continue with the proposed determination.

(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;

(c)    fly or use a motorised model aeroplane;

(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;

(c)    that an activity is prohibited on all local government property other than that specified in the determination;

(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;

(c)      taking, riding or driving a vehicle or a particular class of vehicle on the property;

(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;

(c)    erect a structure for public amusement or for any performance, whether for gain or otherwise, within a public place;

(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;