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

 

31 May 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.

 

 

 

 

Should you require this document in an alternative format please contact us.


Minutes – Ordinary Meeting of Council 31 May 2018                                                                                Page 4 of 5

 

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

 

 

 

 

 

2018

22 March

 

LOA

 

LOA

 

 

LOA

 

 

2018

26 April

 

 

 

 

 

LOA

 

 

 

2018

31 May

 

 

 

 

 

 

 

 

 

·       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 31 May 2018                                                                                            Page 6 of 9

 

SHIRE OF BROOME

Ordinary Meeting of Council

Thursday 31 May 2018

INDEX – Minutes

 

1.               Official Opening and Attendance. 8

2.               Declarations Of Financial Interest / Impartiality. 8

3.               Public Question Time. 9

4.               Applications for Leave of Absence. 10

5.               Confirmation Of Minutes. 10

6.               Announcements By President Without Discussion.. 10

7.               Petitions. 10

8.               Matters For Which The Meeting May Be Closed.. 10

9.               Reports of Officers. 11

9.1      Our People. 12

9.1.1     FINAL ADOPTION OF SHIRE OF BROOME DISABILITY ACCESS AND INCLUSION PLAN 2018-2023. 13

9.1.2     POLICY REVIEW - EVENTS AND TRAFFIC MANAGEMENT FOR EVENTS. 38

9.1.3     APPLICATION TO TRADE IN A PUBLIC PLACE - LITTLE WILD FLOWER POP UP PICNICS. 88

9.1.4     COMMUNITY SPONSORSHIP PROGRAM 2017/18 ANNUAL FUNDING ROUND.. 104

9.1.5     SENATE INQUIRY INTO REGIONAL INEQUALITY IN AUSTRALIA.. 112

9.2      Our Place. 118

9.2.1     CREATION OF RESERVE FOR EXTRACTION OF GRAVEL AND PINDAN FOR LOT 556 CRAB CREEK ROAD.. 119

9.2.2     AMENDMENT TO LOCAL PLANNING POLICY 5.14 PUBLIC CONSULTATION - PLANNING MATTERS. 125

9.2.3     REQUEST TO TRANSFER TRADING IN PUBLIC PLACE LICENCE - BROOME CYCLES. 141

9.2.4     CREATION OF RESERVE FOR STORAGE AND TREATMENT OF LIQUID WASTE – LOT 544 CRAB CREEK ROAD.. 152

9.2.5     MOLLIE BEAN - REQUEST FOR EXTENSION OF TRADING LICENCE. 159

9.2.6     SUBMISSION FOR ABORIGINAL HERITAGE ACT 1972 REVIEW... 167

9.2.7     RESERVE 29093 – BARKER STREET OFFICE. 176

9.2.8     SHIRE OF BROOME LOCAL GOVERNMENT PROPERTY AND PUBLIC PLACES AMENDMENT LOCAL LAW 2017. 182

9.2.9     SHIRE OF BROOME TRADING, OUTDOOR DINING AND STREET ENTERTAINMENT AMENDMENT LOCAL LAW 2017. 229

9.3      Our Prosperity. 263

9.3.1     OUTCOME OF PUBLIC CONSULTATION ON INTRODUCTION OF TRADING NODES THROUGH THE TRADING IN PUBLIC PLACES POLICY. 264

9.4      Our Organisation.. 351

9.4.1     MONTHLY PAYMENT LISTING - APRIL 2018. 352

9.4.2     MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT APRIL 2018. 382

9.4.3     MINUTES OF THE JOINT MEETING OF THE KIMBERLEY ZONE OF WALGA AND KIMBERLEY REGIONAL GROUP HELD 30 APRIL 2018. 502

9.4.4     Shire of Broome Directory 2019 and "#LoveBroome" assets. 771

9.4.5     FEEDBACK ON PROPOSED OPERATIONAL CHANGES TO CONDUCT OF WARD AND REPRESENTATION REVIEWS. 778

9.4.6     REQUEST FOR QUOTE 18/44 - WANDRRA RESTORATION WORKS PROJECT MANAGER. 784

10.            Reports of Committees. 789

10.1      MINUTES OF THE AUDIT AND RISK COMMITTEE MEETING HELD 15 MAY 2018. 790

11.            Notices of Motion.. 842

11.1   SHINJU REQUEST FOR FUNDING.. 842

12.            Business of an Urgent Nature. 852

12.1   COUNCIL CONSIDERATION OF PUBLIC SUBMISSIONS ON INTENTION TO IMPOSE DIFFERENTIAL RATES AND MINIMUM PAYMENTS FOR THE 2018/19 ANNUAL BUDGET  852

12.2   REQUEST FOR TENDER 18/04 - BOWLING GREEN RENEWAL AT BROOME BOWLING CLUB. 870

13.            Questions By Members Of Which Due Notice Has Been Given.. 875

14.            Matters Behind Closed Doors. 875

15.            Meeting Closure. 875

 


MinutesOrdinary Meeting of Council 31 May 2018                                                                                         Page 7 of 12

 

 

NOTICE OF MEETING

 

 

 

Dear Council Member,

 

 

The next Ordinary Meeting of the Shire of Broome will be held on Thursday, 31 May 2018 in the Council Chambers, Corner Weld and Haas Streets, Broome, commencing at 5.00pm.

 

 

 

Regards

 

 

S MASTROLEMBO

Chief Executive Officer

 

24/05/2018

 


MinutesOrdinary Meeting of Council 31 May 2018                                                                                       Page 10 of 10

 

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 31 May 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 5.09pm.

 

Attendance:               Cr H Tracey                 Shire President

                                      Cr D Male                    Deputy Shire President

                                      Cr M Fairborn

                                      Cr E Foy

                                      Cr W Fryer

                                      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 Penn                    Media and Promotions Officer

                                      Ms E Harding               Senior Administration and Governance Officer

 

Public Gallery:            B. Rudeforth

                                      Peter Smith                  Shire of Broome

                                      S. Sinclair                     Little Wild Flower

                                      B. Hall                           Little Wild Flower

                                      J. Kneipp                     Shire of Broome

                                      A. Santiago                 Shire of Broome

                                      C. Maher                     Shinju Matsuri

                                      R. Sharland                  Shire of Broome

                                      Jakeb Waddell           Broome Advertiser

                                      Glenn Cordingley      Broome Advertiser

                                      Susan Westcott

 

2.         Declarations Of Financial Interest / Impartiality

 

FINANCIAL INTEREST

Councillor

Item No

Item

Nature of Interest

Cr D Male

9.4.4

Shire of Broome Directory 2019 and ‘#LoveBroome’ Assets

Financial – The applicant is a client of my business.

 

IMPARTIALITY

Councillor

Item No

Item

Nature of Interest

Cr P Matsumoto

9.2.1

Creation of Reserve for Extraction of Gravel and Pindan for Lot 556 Crab Creek Road

Impartiality – A director Yawuru PBC a member Native Title

Cr P Matsumoto

9.2.4

Creation of Reserve for Storage and Treatment of Liquid Waste – Lot 544 Crab Creek Road

Impartiality – A director Yawuru PBC Board a member of Native Title

Cr P Matsumoto

9.2.6

Submission for Aboriginal Heritage Act 1972 Review

Impartiality – A Director of the Yawuru PBC Board and member Native Title

Cr E Foy

9.2.1

Creation of Reserve for Extraction of Gravel and Pindan for Lot 556 Crab Creek Road

Impartiality – T.O. of Broome Walman Clan Group. Member Yawuru language group.

Cr E Foy

9.2.4

Creation of Reserve for Storage and Treatment of Liquid Waste – Lot 544 Crab Creek Road

Impartiality – T.O. of Broome Walman Clan Group. Member of Yawuru language group.

Cr E Foy

9.2.6

Submission for Aboriginal Heritage Act 1972 Review

Impartiality – T.O. of Broome Walman Clan Group. Member of Yawuru language group

 

3.         Public Question Time

 

The following question was asked at the meeting by Susan Westcott:

 

Question One:

I have just read the Shire’s Priority Statement that looks at the issue of safety and community cohesion. As a resident I am concerned at the increased lack of community cohesion as a result of ice. How do Council plan to proceed to address the issue of addiction, and also the increase of the HV1 virus? 

 

Answer provided by the Chairperson:

Council is working with all Government departments to try and deliver wrap around services to address these problems. Regarding public safety, the Shire has previously received public safety funding for CCTV around Chinatown, Male Oval and Town Beach and we have recently received another $500,000 in Community Safety grant funding  for CCTV in Anne Street and improved street lighting throughout Old Broome. Although this doesn’t address addiction, it does help address safety. The feedback from Police is that the CCTV has assisted in combating excessive drinking and drug use and improving safety.

 

Council has also been involved in a number of initiatives and developments including the step up, step down facility in Clementson Street to help people coming out of addiction. Ice addiction is one of the big issues affecting Broome and surrounding Aboriginal Communities and it is on top of our agenda. The Kimberley Zone is also in the process of addressing the issue of alcohol management. Though as a Council we are limited by budget, as a region the Kimberley still needs to lobby for these things. Unfortunately not a clear answer, but I assure you we are working hard in this space.

 

4.         Applications for Leave of Absence   

 

Nil

 

5.         Confirmation Of Minutes

 

Council Resolution:

Moved: Cr C Mitchell                                               Seconded: Cr D Male

That the Minutes of the Ordinary Meeting of Council held on 26 April 2018, as published and circulated, be confirmed as a true and accurate record of that meeting.

CARRIED UNANIMOUSLY 9/0

 

6.         Announcements By President Without Discussion

 

The Shire President noted the announcement of a $100 million marine project for the Broome Port Precinct.

 

7.         Petitions

 

Nil.

 

8.         Matters For Which The Meeting May Be Closed

 

Under section 5.23 (2)(d) of the Local Government Act 1995 Council may resolve to move the meeting behind closed doors.


 

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 31 May 2018                                                                                       Page 14 of 14

 

 

9.1.1      FINAL ADOPTION OF SHIRE OF BROOME DISABILITY ACCESS AND INCLUSION PLAN 2018-2023

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           COS09.1

AUTHOR:                                                   Project Officer - Development and Community

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    27 April 2018

 

SUMMARY:         The Shire’s Disability Access and Inclusion Plan 2012–2017 has been reviewed and updated in consultation with Shire staff, key stakeholders and the community. The draft Disability Access and Inclusion Plan 2018–2023 has been publicly advertised in accordance with the Disability Services Regulations 2013 and is now presented to Council for final adoption.

 

BACKGROUND

 

Previous Considerations

 

OMC 11 April 2007                             Item 10.1

OMC 5 July 2007                                Item 9.2.1 

OMC 18 December 2012                 Item 9.1.4

OMC 31 March 2016                         Item 9.1.6

OMC 22 March 2018                         Item 9.1.3  

 

COMMENT

 

Under the Disability Services Act 1993 (Act) local governments in Western Australia are required to develop, implement, and report on a Disability Access and Inclusion Plan (DAIP). The purpose of a DAIP is to set out strategies that a local government will undertake to ensure that people with disability can access its services, and that the services provided will facilitate increased independence, opportunities and inclusion for people with disability in the community. 

 

‘Disability’ is defined as any continuing condition that restricts everyday activities and can be attributable to an intellectual, psychiatric, cognitive, neurological, sensory or physical impairment or a combination of those impairments. 

 

DAIPs contain strategies in 7 key outcome areas, which are established in the Disability Services Regulations 2013 (Regulations). The 7 outcome areas are: 

 

·    Access to services and events;

·    Access to buildings and other facilities;

·    Access to information;

·    Quality of service provided by the local government;

·    Opportunity to make complaints; 

·    Opportunity to participate in public consultation; and 

·    Employment at the local government.   

 

Under the Act, local governments are required to review and update their DAIP every 5 years. The draft DAIP 2018–2023 has been prepared to fulfil this requirement.  

 

At its March 2018 Ordinary Meeting Council considered the draft DAIP and resolved:

 

COUNCIL RESOLUTION:

(REPORT RECOMMENDATION)

Moved: Cr M Fairborn                                                        Seconded: Cr C Marriott

That Council:

1.         Adopts the draft Disability Access and Inclusion Plan 2018-2023 for the purposes of public advertising; and

2.         Requests that the Chief Executive Officer advertise the draft Disability Access and Inclusion Plan 2018-2023 for a period of 21 days in accordance with the Community Engagement Plan in Attachment 2. 

CARRIED UNANIMOUSLY 6/0

 

As per Council’s resolution, the draft DAIP was advertised in accordance with the Community Engagement Plan. A Public Notice appeared in the Broome Advertiser on 29 March 2018 and submissions were accepted until 23 April 2018. No submissions had been received at the close of the advertising period.

 

Shire staff also sought feedback on the draft DAIP from the Department of Communities – Disability, which requested some minor amendments. These amendments are set out in the table below and have been actioned within the DAIP, which is included as Attachment 1 to this report.

 

Department of Communities Feedback

Shire Response

Reference has been made to statistics from Disability Services Commission – the correct source needs to be referenced (p.5)

DAIP updated to attribute relevant statistics  to the Australian Bureau of Statistics (ABS). 

The Access to Premises Standards is referenced as being “under” the Disability Discrimination Act. The Standards were formed with the Australian Human Rights Commission and are stand alone.

DAIP updated to remove ‘under the Disability Discrimination Act (DDA)’.

Outcome 4.1 and 7.3 – The correct terminology is people with disability not people with a disability.

DAIP updated to reflect correct terminology.

The terminology throughout the DAIP should be updated to reflect that the Disability Services Commission is now the Department of Communities – Disability.

DAIP updated to reflect correct terminology.

The Shire should include reference to its intention to maintain the Companion Card program in the document.

Updated Outcome 1.3 to state: ‘Develop and implement processes to ensure programs at Shire of Broome facilities are accessible and inclusive, including continued affiliation with the Companion Card program.

Outcome 7.2 – Reference should be made to traineeships in addition to recruitment and volunteerism.

Updated Outcome 7.2 to state: ‘Ensure that the Shire’s recruitment, traineeship and volunteerism policies, procedures and practices actively encourage and include people with disability.’

Outcome 1.1 – Reference should be made to providing accessible parking at events.

The Shire’s Events team has recently implemented a process to ensure accessible parking is provided at all Shire run events and that the location of this parking is included in marketing material. Therefore this has not been reflected in the Outcomes, however an additional dot point has been added in ‘Achievements of the Disability Access and Inclusion Plan 2012-2017’ to state:

A dedicated accessible parking area was identified for Shire run events and promoted in marketing material.

 

Once the DAIP has been adopted by Council, it will be forwarded to the Department of Communities - Disability for final endorsement. Implementation of the DAIP will be ongoing and guided by an internal implementation plan which allocates each strategy to a Shire team or teams that will be charged with overseeing and reporting on that strategy. It is important to note, however, that the success of the DAIP will require a whole of organisation approach, as many of the strategies have application across multiple service areas.

 

Given that there were no public submissions received, it is recommended that Council adopt the DAIP with the minor modifications outlined above.

 

CONSULTATION

 

As per the endorsed Community Engagement Plan, advertising of the draft DAIP consisted of:

 

·    Public Notice in the Broome Advertiser calling for submissions on the draft;

·    Public display of the draft in the Shire Administration Office, the Broome Public Library and on the Shire website;

·    Advertising the draft through the Shire’s media channels; and

·    E-mail referral of the draft to the stakeholder database including the Department of Communities – Disability Services. 

 

It is noted that this consultation was undertaken further to the preliminary community engagement which informed the content of the draft DAIP.

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

Disability Services Act 1993

Equal Opportunity Act 1984

Disability Discrimination Act 1992

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

The implementation of the DAIP is integrated into the Shire’s annual programs and services through operating procedures, plans and budgets. 

 

RISK

 

Local governments are required under the Act to update their DAIP every 5 years. The Shire’s DAIP was last updated in 2012, and thus a timely completion of this review is imperative to ensure the Shire is compliant with legislative requirements.  

 

STRATEGIC IMPLICATIONS  

 

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

 

Effective communication

 

Affordable services and initiatives to satisfy community need

 

Accessible and safe community spaces

 

Participation in recreational and leisure activity

 

A healthy and safe environment

 

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

 

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

 

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

 

Affordable and equitable services and infrastructure

 

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

 

An organisational culture that strives for service excellence

 

Sustainable and integrated strategic and operational plans

 

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.       Adopts the Shire of Broome Disability Access and Inclusion Plan 2018 – 2023 (DAIP); and

2.       Requests that the Chief Executive Officer forward the DAIP to the Department of Communities - Disability for endorsement.

CARRIED UNANIMOUSLY 9/0

 

Attachments

1.

Shire of Broome Disability Access and Inclusion Plan 2018 - 2023

  


Item 9.1.1 - FINAL ADOPTION OF SHIRE OF BROOME DISABILITY ACCESS AND INCLUSION PLAN 2018-2023

 

 

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MinutesOrdinary Meeting of Council 31 May 2018                                                                                     Page 47 of 875

 

 

9.1.2      POLICY REVIEW - EVENTS AND TRAFFIC MANAGEMENT FOR EVENTS

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           REE36

AUTHOR:                                                   Project Officer - Development and Community

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    7 May 2018

 

SUMMARY:         Officers have undertaken a review of the Shire’s Policy 3.4.7 – Events (Events Policy) and Policy 4.2.5 – Traffic Management for Events (Traffic Management Policy) to streamline the current events application process and address feedback received from stakeholders during the preparation of the Events Strategic Development Plan. This report recommends that Council amend the Events Policy and rescind the Traffic Management Policy.

 

BACKGROUND

 

Previous Considerations

 

OMC 22 March 2005                         Item 9.3.5

OMC 21 November 2013                  Item 9.1.1

OMC 27 February 2014                     Item 9.1.3

OMC 26 February 2015                     Item 9.2.6

OMC 28 April 2016                             Item 9.2.1

OMC 30 June 2016                            Item 9.2.7

 

The first policy to deal holistically with events on local government property and public places in the Shire of Broome was adopted by Council in 2005 and delegation was given to the Chief Executive Officer to issue event approvals. In November 2013, officers noted that there had been an increase in the number and scale of events occurring in the Shire and that this necessitated a review of the Shire’s policies and procedures regarding events. A Working Group of Shire staff and Councillors was convened to do this, and in February 2014 a revised Events policy was adopted. This policy was further reviewed and amended in 2016.

 

In September 2017 Council adopted the Events Strategic Development Plan (ESDP). The objective of the ESDP was to develop a strategic plan to improve the Shire’s major events calendar. As part of this process, the Shire’s appointed consultants engaged extensively with key Broome stakeholders, external events industry professionals and funding providers.  One of the outcomes of this engagement was feedback on industry perceptions of the Shire. Feedback received indicated that ‘Event organisers find the current event application process arduous, confusing and time consuming. Stakeholders would like to see materials revisited… A streamlined / package approach to event applications is preferred.’

 

Based on this stakeholder feedback, Shire staff undertook a further review of the Events Policy and the outcomes of this review are now presented to Council for its consideration.

 

COMMENT

 

The proposed amendments to the Events Policy were prepared with input from Shire staff involved in assessing events, including Events and Economic Development, Planning and Building, Environmental Health and Infrastructure. This was done to ensure that the amendments were consistent with relevant legislation, policy and procedure and to ensure the process would not be ‘siloed.’   

 

Rescission of Traffic Management Policy

 

Through the review process it was identified that traffic management for events was addressed by both the Events Policy and the Traffic Management Policy. Discussions with Infrastructure staff revealed that the current Traffic Management Policy adds little value to the process as Traffic Management Plans, when required, are assessed using the Australian Standard 1742.3-1985 – Traffic Control Devices for Works on Roads, the Main Roads WA Traffic Management for Events Code of Practice, and the Main Roads WA Traffic Management for Works on Roads Code of Practice, and that a number of the existing policy provisions are either duplicated in these documents or not applicable. Given this, it is recommended that the relevant portions of the Traffic Management Policy be incorporated into the Events Policy, and that the Traffic Management Policy be rescinded.

 

Summary of Proposed Changes – Events Policy and Management Procedures and Traffic Management Policy

 

The table below summarises the main proposed changes to the content of the Events Policy. A ‘clean’ copy of the Events Policy is included as Attachment 1 to this report. A ‘tracked changes’ copy is included as Attachment 2. A ‘tracked changes’ copy of the Traffic Management Policy showing the sections proposed to be retained in the new Events Policy is included as Attachment 3.

Proposed Change – Events Policy

Rationale

1

Reformatted Policy into Part A (Policy) and Part B (Management Procedures)

Reflects current organisational template.

2

Altered the policy exclusion relating to events taking place in parks and reserves that are being used for general recreation to replace ‘that do not involve infrastructure’ with ‘where the proposed activity:

i.        Does not involve a ceremony; or

ii.       Does not include any elements set out in Clause 3 of the Management Procedures below; or

iii.         Is not open to the public.’

 

The policy currently requires any event with ‘infrastructure’ to have approval.  This captures many small-scale family based events (i.e. children’s birthday parties) that incorporate a gazebo or similar. It is considered that these types of events should not require approval, unless they have a large number of people in attendance, or involve other elements that would warrant closer attention (i.e. serving alcohol), and in this case, they are captured under Clause 3 of the Management Procedures.

 

However, staff consider that it is still desirable to require event approvals for wedding ceremonies, predominantly to ensure the space can be reserved. Therefore, is was considered necessary to stipulate that ceremonies require approval.

3

Removed distinction between ‘event in a public place’ application and ‘detailed event application’ as it is proposed that all event applications will use the same form. 

Having a single Application Form for all types of events will streamline the process. Some applicants are confused by the 2 forms and the terminology as those events which currently require a ‘detailed event application’ are also technically ‘events in a public place.’

4

Inserted clause to state that all events will be determined under Delegated Authority unless the Development Control Unit (DCU) considers the event to ‘present a sufficient risk to reputation, public safety or amenity’, in which case it will be determined by Council.’

It is currently unclear when event applications were referred to DCU and/or Council and who made the decision to do so. The amendments follow current internal practices and provide clarity to applicants about who will be determining their application.

5

Inserted clause to state that event applications on land managed by an authority other than the Shire require a further approval from that authority. 

This clarifies to applicants that in some instances additional approvals are needed.

6

Added wording to clarify that an event that occurs frequently over a period of time does not fall within this policy and will need either a trading or market licence or Development Approval.

The current clause only covers Development Approval and as a result there has been some confusion as to whether trading in public places and markets are captured under the policy. This removes the ambiguity and is consistent with the Shire’s Local Laws.

Proposed Change – Events Management Procedures

Rationale

7

Updated the categories of events as follows:

•      Changed ‘non-exclusive use’ to ‘Category 1’

•      Changed ‘exclusive less than 120 patrons’ to ‘Category 2’

•      Changed ‘exclusive use category 1’ to ‘Category 3’ and renumbered remaining categories accordingly.

It is considered that use of the terms ‘exclusive’ and ‘non-exclusive’ are not the best way to categorise events, as small scale events (i.e. weddings) which are called ‘non-exclusive’ do not allow the general public to attend. The new classification system relies primarily on whether events incorporate any elements which would currently require a Detailed Event Application (i.e. substantial infrastructure, commercial activity etc.). Events that do not incorporate any such elements are classified as ‘Category 1’ and all other events that do include such elements are categorised based on the number of patrons. 

 

This classification system has been included in the draft Fees and Charges for the 2018-19 Annual Budget.

8

Changed the numbers of patrons in the categories as follows:

•      Category 4: from 500 – 2,500 to 500 to 1,000

•      Category 5: from 2,500 to 5,000 to 1,001 – 2,500

•      Category 6: from 5,000 to 8,000 to 2,501 – 5,000

•      Category 7: from 8,000 to 12,000 to 5,000 and above 

It is considered that the current ‘Category 4’ was quite broad as there is significant difference between an event with 500 people and one with 2,500 people. Additionally, it is considered that whilst there will be few, if any, events with over 5,000 attendees, there is no need to cap the attendance at 12,000 people. 

 

This classification system has been included in the draft Fees and Charges for the 2018-19 Annual Budget, and it is proposed that fees be reduced for Category 4 to more fairly reflect costs associated with an event of that size, as well as for Category 7, by having one flat fee for all events over 5,000 persons.

9

Amended the dimension of structures that can be included in a ‘Category 1’ event from 3m x 3m to 5m x 5m.

This will make the process easier for events with small-scale infrastructure without increasing risk to participants. Currently any event with a structure greater than 3m x 3m will be classified as ‘Exclusive’ (now known as ‘Category 2’) and will attract a higher application fee and in some cases venue hire charges.

10

Added clause regarding structures that can be included in a ‘Category 1’ event, stating ‘unless the structure is hired from an operator that holds a valid Trading Licence and the structure is erected or used in accordance with the Trading Licence’

It was identified that even when allowing for slightly larger structures as set out in Point 9 above, there is an issue with the bouncy castles that are hired in Broome as they exceed this size. Practically, this results in family gatherings with bouncy castles being classified as ‘Category 2’ and attracting a higher application fee and venue hire charges, which is not considered to be a desirable community outcome.

 

To rectify this, it is proposed to require the bouncy castle businesses to obtain Trading Licences under the Shire’s Local Law and thereafter if the structures are used in accordance with the Licences there will be reduced administrative requirements for individual hirers.

11

Deleted ‘commercial activity (i.e. a ticketed event or fundraising activity)’ from the list of criteria in Clause 3 of the Management Procedures which makes an event Category 2 or above. 

This was considered redundant as the requirements already cover elements that would constitute ‘commercial activity’ – i.e. ‘selling or hiring of goods, wares, or merchandise, preparation or sale of food to the public, and sale or consumption of alcohol’ and if there is a fundraising activity that does not include any of these elements it is considered that it does not need to be a Category 2. This has the potential to reduce the administrative process and cost for small-scale fundraising events.

12

Deleted the additional criteria for Cable Beach.

 

These criteria already apply to all events and are redundant.

 

13

Inserted Risk Management Section which includes:

·       A new risk matrix to be completed by applicants for Category 2-7 events (included as Schedule 2 of Management Procedures); and

·       Clarification of what an applicant must provide in terms of risk management based on the outcomes of risk matrix.

 

Currently risk management is only mentioned in the table in Schedule 1 and therefore the requirements are predominantly based on the number of patrons rather than the details of the event. This is not considered the most appropriate way to deal with risk. An event with 50 people, amplified music and service of alcohol can have more risk than a sit-down conference with 2,000 people. The proposed approach incorporates a matrix developed by the WA Department of Health that is used in other local governments.

 

It is noted that under the matrix the lowest risk events no longer need to prepare a formal Risk Management Plan.

14

Amended ‘Assessment of Applications’ section to establish the following process:

·       Category 1 events shall be assessed by officers and determined under delegated authority;

·       Category 2-7 events are referred to DCU for assessment;

·       DCU will either decide ‘No objection’ (after which application is approved by officers under delegation), ‘further information’, or ‘referral to Council.’

 

This reflects current practice and clarifies that other than the lowest risk events (which will be approved by officers without referral) the DCU will decide whether Council consideration is warranted. This provides a transparent process as DCU minutes are publicly available and reduces individual risk as decisions are made collaboratively by representatives of several Shire departments.  

15

Inserted clause stating that details of upcoming events will be included in the Council Information Bulletin.

This will ensure Council is informed about upcoming events and will have the opportunity to seek further information if desired.

16

Inserted clause to ‘stop the clock’ on the processing timeframe when further information is requested.

 

Sometimes applicants will delay providing the required information which means officers cannot meet the decision-making timeframes imposed by the policy. This puts the onus on applicants to provide the information in a timely manner and is used elsewhere (i.e. with Development Applications).

 

17

Inserted clause where Shire reserves the right to not accept an application where a portion of the timeframe for approval has elapsed.

Officers expressed concern that it is not possible to adequately assess some applications in severely reduced timeframes when applications are submitted close to the date of the event.

18

Amended clause relating to venue hire fees to reflect the change to the Category names, and addition of ‘unless the event takes place on a beach and does not propose exclusive use of any area of the beach.’

Currently non-exclusive events taking place on Cable Beach are being charged venue hire fees which was not seen as desirable. This will allow for these community events to take place without paying for venue hire, whilst still requiring it for exclusive events where sections of the beach are unavailable to the public. 

19

Inserted clause that introduces a penalty fee of 100% of the application fee if application is submitted when more than 50% of the assessment timeframe has elapsed.

This will dissuade applicants from submitting late applications, and has been incorporated in the draft Fees and Charges for the 2018-19 Annual Budget.

Proposed Change – Traffic Management Policy 

Rationale

20

Relevant clauses incorporated into Events policy.

It is more user friendly for Event applicants to refer to the one policy. It is recommended Council rescind the Traffic Management Policy when the amended Events Policy is adopted.  

21

Removed clauses which require TMP for any event where alcohol is served or which takes place at night.  

 

Reflects current practice, as it is noted that alcohol is often served at small parties and weddings where a TMP is not needed. Also some small events such as a long table dinner may occur at night but do not require a TMP.

 

22

Included the Main Roads WA Traffic Management for Works on Roads Code of Practice and Australian Standard 1742.3-1985: Traffic Control Devices for Works on Roads as documents which must be adhered to when preparing a TMP.

Current policy only references the Main Roads WA Traffic Management for Events Code of Practice and all three documents are used to assess TMPs.

 

23

Deleted additional requirements for TMPs.

These are either covered in the relevant Australian Standard or Codes of Practice or are not applicable.

 

24

Added that event applicants seeking to close a road must obtain written consent of not less than two thirds of adjacent landowners prior to submitting the Application for an Order for a Road Closure to the Shire.

This is required on the WA Police form to close a road but the current policy is silent on this matter. It provides clarity to applicants up front.

 

Generally, the intention of the changes outlined above and shown in the amended Events Policy in Attachments 1 and 2 is to:

 

·    Where possible, reduce the administrative process for event applicants, in a way that does not compromise health, safety, or reputation. The changes seek to ‘reduce red tape,’ particularly for low-risk family and community events.

·    In conjunction with the point above, reduce the fees payable by event applicants, particularly with reference to venue hire charges. This builds upon the proposed changes to Council’s Fees and Charges which recommend a substantial reduction in venue hire fees, particularly if power is not required.  

·    Reflect current internal practices and provide clear and transparent guidance to applicants and Shire staff about how event applications are to be managed, to ensure decisions are made in an effective and timely manner. 

 

Additional Changes – New Application Form and Event Guidelines

 

In conjunction with the proposed changes to the Events Policy, Shire staff have reviewed the event application forms and Application Tool Kit and revised them in accordance with feedback received. It is intended that the new documents will be introduced further to Council’s adoption of the amended Events Policy. Key changes to the documents include:

 

·    Combining the ‘Events in a Public Place’ application form and ‘Detailed Event’ application form into a single ‘Shire of Broome Event Permit’ application form to streamline the process.

·    Expanding the Event Permit application form to cover all information that may be required in a concise and ‘plain English’ format.

·    Including the most commonly used forms required under separate legislation (i.e. Certificate of Temporary Structure, Notification to Operate a Temporary Food Premises) as appendices to the Event Permit application form. In this regard it is noted that given the diversity of events and the number of pieces of legislation which may be applicable, it is not possible to include every form which may be required in association with an Event Permit Application, unless the package was of a size that is considered excessive.

·    To address the point above, officers have updated the Application Tool Kit into ‘Event Guidelines’ which provide further information on the process and additional forms to applicants. This approach models the approach taken by other local governments that are considered to represent best practice with respect to events management.  Applicants are also encouraged to contact Shire staff at the earliest possible time to discuss requirements that may be specific to their event.

 

Shire officers intend to update the Shire’s website to enable applicants to lodge Event Permit Applications online with the ability to save event information to ‘pre-fill’ forms in subsequent years, which will save time for applicants who hold annual events.  

 

Commercial Filming

 

During the policy review an opportunity to improve the current Shire approvals process was identified in relation to commercial filming. Officers recommend that a commercial filming policy be developed. Such policy should consider:

 

·    Filming where inclusion of Aboriginal cultural content is desired, in which cases the relevant Traditional Owners should be contacted for approval;

·    Filming in cemeteries; and

·    Filming using drones.

 

Summary

 

Taking into account the detailed commentary above and the overall objective to streamline event approval processes in the Shire, it is recommended that Council adopts the proposed amendments to the Events Policy, rescinds the Traffic Management Policy and requests that the Chief Executive Officer prepare a policy regarding commercial filming for presentation to Council at a later date.

 

CONSULTATION

 

As discussed above, extensive consultation about the Shire’s role in managing events was undertaken during the development of the ESDP in 2017. Organisations consulted included industry professionals such as Fit Events, Tri Events, Mellen Events, Project 3, Conference Design, Goolarri Media, Troppo Sound, Unbound Sound, Saltwater Country, Gibb River Challenge and Cable Beach Polo; and funding bodies such as Healthway, Lotterywest, Tourism WA, Department of Culture and the Arts, the Water Corporation, Horizon Power, Inpex and Shell.  Shire officers also had additional discussions with stakeholders which reinforced the outcomes of the ESDP.

 

It is considered that the changes proposed to the Events Policy and supplementary documents have considered and responded positively to the feedback received, by:

 

·    Producing a consolidated Events Policy and streamlined application package with more guidance about what information is required;

·    Clarifying the decision-making process, allowing more flexibility for decisions to be made under Delegated Authority and ensuring a collaborative rather than ‘siloed’ approach is undertaken by staff in assessing events; and

·    Reducing the amount of administrative work and costs associated with some events, particularly lower risk family and community activities. 

 

It is noted that the peak event season is about to commence, and it is desirable to implement the amended Policy and supplementary materials as soon as practicable. Further, the proposed changes have been aligned with the Events Fees and Charges included in the Draft 2018-19 budget. Based on the above, further consultation on the Events Policy is not recommended.

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

Health Act 1911

Liquor Control Act 1988

Building Code of Australia

Electricity (Licensing) Regulations 1991

Environmental Protection (Noise) Regulations 1997

Health (Public Buildings) Regulations 1992

Road Traffic Act 1974

Shire of Broome Local Government Property and Public Places Local Law 2016

Shire of Broome Health Local Laws 2006

Shire of Broome Trading Outdoor Dining and Street Entertainment Local Law 2016

 

POLICY IMPLICATIONS

 

Policy 4.2.1 – Private and Community Works

Policy 3.3.6 – Trading in Public Places

Policy 3.3.7 – Horses of Cable Beach

Policy 3.5.1 – BRAC – Non Sporting Special Events

Policy 3.4.4 – Hire of Promotional Banner Sites

 

FINANCIAL IMPLICATIONS

 

There will be some financial implications associated with the implementation of the Events Policy, particularly in relation to a reduction in venue hire fees. These have been reflected in the Events Fees and Charges proposed in the Draft 18-19 budget. Whilst the changes may result in limited lost revenue for the Shire, it is considered that they will create a net benefit by reducing costs for event applicants, which potentially may result in more events taking place in the Shire and an improvement in the Shire’s reputation as a local government that is supportive towards events. It is considered that any loss can be absorbed into the operational budget. 

 

RISK

 

Should Council endorse the amended policy, officers consider that this is an opportunity to reduce reputational risk by having a streamlined and improved policy implemented with attention to community and stakeholder feedback.

 

The amended Events Policy has carefully considered risk management and proposes the implementation of a risk assessment matrix for proposed events that was developed by the WA Department of Health in its Guidelines for Events, Concerts, and Organised Gatherings. This is considered an improvement on the risk management measures that are incorporated into the current Policy.

 

With respect to reputational risk to the Shire in its role in managing events, the amended Events Policy specifically incorporates this consideration into the criteria the DCU will use when determining which Event Permit Applications are referred to Council for determination. The DCU is made up of officers from a number of Shire departments, which allows for a robust and balanced consideration of potential risk.

 

Additionally, the Events Policy proposes that details of future events will be recorded in the monthly Council Information Bulletin, enabling Councillors to be aware of upcoming events and to seek further information or clarification from Officers about such events if desired. These measures are considered sufficient to manage reputational risk whilst still reducing ‘red tape’ in allowing greater flexibility for decisions to be made under Delegated Authority. 

 

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

 

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

 

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

 

An organisational culture that strives for service excellence

 

Improved systems, processes and compliance

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr P Matsumoto                                          Seconded: Cr D Male

That Council:  

1.       Adopts the amendments in Part A of Policy 3.4.7 – Events as contained within Attachment 1 to this report, and notes the Management Procedures in Part B;

2.       Rescinds Policy 4.2.5 – Traffic Management for Events; and 

3.       Requests that the Chief Executive Officer prepare a policy regarding commercial filming for presentation to Council at a later date.

CARRIED UNANIMOUSLY 9/0

 

Attachments

1.

Proposed Events Policy (clean copy)

2.

Proposed Events Policy (tracked changes)

3.

Traffic Management Policy (tracked changes showing provisions to be retained)

  


Item 9.1.2 - POLICY REVIEW - EVENTS AND TRAFFIC MANAGEMENT FOR EVENTS

 

 

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Item 9.1.2 - POLICY REVIEW - EVENTS AND TRAFFIC MANAGEMENT FOR EVENTS

 

 

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9.1.3      APPLICATION TO TRADE IN A PUBLIC PLACE - LITTLE WILD FLOWER POP UP PICNICS

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Sarah Stuckings-Sinclair

FILE:                                                           HEA001

AUTHOR:                                                   Environmental Health Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    8 May 2018

 

SUMMARY:         The Shire has received an application for a licence to trade in a public place in accordance with the Trading, Outdoor Dining and Street Entertainment Local Law 2016 from Sarah Stuckings-Sinclair trading as the Little Wild Flower Pop Up Picnics. The trading activity is proposed to utilise land at Cable Beach and Town Beach. This report provides an overview of the application for Council’s consideration.

 

BACKGROUND

 

Previous Considerations

 

Nil.

 

COMMENT

 

The Shire has received an application to trade in a public place from Sarah Stuckings-Sinclair (Applicant) trading as the Little Wild Flower Pop Up Picnics. Little Wildflower Pop Up Picnics is a small-scale picnic business that offers 5 packages catering for 2 to 20 persons per picnic (see Attachment 1). The Applicant has been applying for an event permit for individual picnics, however the activity is better categorised as trading in a public place rather than an event. Therefore, Shire officers advised the Applicant of the requirement to obtain a trading licence.

 

Picnics are pre-booked with the Applicant and set up with pallet tables, ground covers, décor and crockery (see Attachment 2). Food and drinks are provided by the attendees of the picnic. Each booking has a running time from 2.5 to 4 hours. All setting up and packing down of the picnic setting is undertaken by the Applicant.

 

The Applicant originally requested to trade from the Cable Beach Amphitheatre, Gantheaume Point and on Cable Beach.  The Cable Beach Amphitheatre was not considered an appropriate location by Shire officers due to the high usage of the area for events. Gantheaume Point was also not considered to be appropriate due to the high volume of traffic and heavy use by the public.

 

As a result of these concerns raised by officers, the Applicant is now proposing that the trading activity be undertaken on Cable Beach (Reserve 53070), Town Beach (Reserve 31340) and the grassed area between Zanders and the Broome Surf Club (Cable Beach Foreshore Reserve 36477). The proposed trading areas are shown on the plans in Attachments 3 and 4.  All of these areas are on land under the control of and managed by the Shire of Broome.

 

The Applicant will need to obtain a permit from the Shire’s Chief Executive officer in accordance with the Control of Vehicles (Off Road Areas) Act 1960 to undertake the trading activity on Cable Beach, as the applicant proposes to drive a vehicle onto the beach to set up a picnic and then again to pack up after it has finished.

 

Patrons of the picnics will be responsible for bringing their own food and drinks. This may include alcoholic drinks.  As a result, the Applicant will be required to apply for approval to consume alcohol on Shire property in accordance with the Shire’s Local Government Property and Public Places Local Law 2016, and ensure that all guests adhere to the conditions of this approval, so that alcohol is consumed responsibly at the picnics.

 

Statutory planning considerations

 

The activity being undertaken does not require the exclusive use of the land, therefore it does not constitute as a land use change and does not require development approval.

 

Trading Local Law

 

The application for a trading licence has been made in accordance with the Shire’s Trading, Outdoor Dining and Street Entertainment Local Law 2016 (Trading Local Law). Clause 5.4 of the Trading Local Law sets out the information that must be provided by an applicant in support of a trading licence application. The Applicant has submitted all the required information to support the application in accordance with the Trading Local Law.

 

Trading in Public Places Policy

 

The objectives of the Shire’s Policy 3.3.6 – Trading in Public Places (Trading Policy) are:

1.      To facilitate the assessment and approval of Trading Licences in accordance with the Local Law.

2.       To maintain amenity, usability and public safety in public places.

3.       Promote fairness and certainty to traders, permanent businesses and the community in relation to trading in public places.

4.       Promote vibrancy of public places and economic development in the Shire of Broome.

5.       To protect Cable Beach as a highly valued environmental, cultural and social asset enjoyed by visitors and residents alike.

 

The application is considered to comply with the objectives of the Trading Policy.

 

Clause 3 of the Trading Policy restricts a trading activity from occurring within 300 metres of a permanent business it would be directly competing with. The Trading Policy defines “directly competing with” to mean that both the proposed trading activity and the permanent business offer a type or category of good or service that is directly comparable, for example, an ice cream van would be directly competing with an ice cream parlour and a stall offering massages would be directly competing with a massage parlour. 

 

The proposed trading activity is very specific in the type of service it provides, which is low scale and intimate picnic experiences. Food and drinks are supplied by the attendees of the picnic and not by the Applicant. This activity is considered unique and not in direct competition with permanent businesses within 300 metres of the proposed trading locations.

 

Despite this, the Town Beach Café and Zanders were both consulted as they are within 300 metres of the proposed trading locations. Zanders expressed concerns regarding the placement of another business amongst 2 ratepaying businesses, and advised that they are strongly opposed to the proposal. The Town Beach Café had not provided a response at the time of writing this report. Ultimately however, the activity is not considered to directly compete with these businesses.

 

The proposed activity is consistent with the other standard clauses in the Trading Policy as follows:

·     The locations of the proposed trading area are suitable for the trading activity in terms of their size, space and position.

·     The trading locations have been selected so that the activity will not have an unreasonable impact on other traders, permanent businesses or the use of the public space.

·     The trading activity does not create noise that will have a negative impact on other persons using the public space.

·     The trading activity is consistent with the zoning of the land in the Shire’s Local Planning Scheme.

·     The Applicant has provided all required documents in support of the application.

 

Schedule 1 of the Trading Policy contains specific provisions regulating trading activities on Cable Beach. In accordance with subclause 2 in Schedule 1, trading licences will only be issued on Cable Beach:

 

·     for trading activities which support and are directly related to the recreational use and enjoyment of Cable Beach and its adjacent waters; and

 

·     for the section of Cable Beach:

 

(a)  between a point formed by the westerly prolongation of Murray Road to the low water mark and a point located 500 metres north of the vehicle entry ramp adjacent to the Broome Surf Club; and

(b)  between the high and low water mark.

 

It is arguable that Little Wildflower Pop Up Picnics will support and is directly related to the recreational use and enjoyment of Cable Beach. The trading location on the beach is within the section of Cable Beach specified in Schedule 1 of the Trading Policy.

 

Schedule 1 also states that a maximum of 6 trading licences will be granted for trading activities on Cable Beach. Currently, there are 2 trading licences issued for the area of Cable Beach specified in Schedule 1 of the Trading Policy, for the Beach Hut and the Fat Bike Tours.  A third trading licence was just issued for Geronimo Skydiving at Gantheaume Point. Therefore, the issuing of this licence will not result in more than 6 trading licences being issued for Cable Beach.

 

Overall, the application is consistent with and complies with the provisions of the Trading Policy.

 

Conclusion

 

Overall, the proposed trading activity is considered to be a unique service providing an additional way for people to enjoy Cable Beach and Town Beach. Therefore, it is recommended that a Trading in a Public Place Licence be issued for a period of 3 years subject to relevant conditions.

 

The proposed trading activity has been assessed as high-risk on the basis that it is being undertaken on Cable Beach, the Cable Beach Foreshore Reserve and the Town Beach Reserve, all high use public areas to which significant Shire resources are dedicated.  Therefore, a high-risk trading licence fee will be payable in accordance with Council’s adopted fees and charges prior to the trading licence taking effect.

 

CONSULTATION

 

The applicant has consulted with Zanders, the Town Beach Cafe and the Beach Hut regarding the proposed Trading activities. Zanders expressed concerns regarding the placement of another business amongst 2 ratepaying businesses, and advised that they are strongly opposed to the proposal. The Town Beach Café had not provided a response at the time of writing this report. The Beach Hut sought additional information on the activity from the Applicant, but has not indicated that they do not support the activity.

 

STATUTORY ENVIRONMENT

 

Trading, Outdoor Dining and Street Entertainment Local Law 2016

 

5.4     Licence application

5.4.1  An applicant for a trading licence must comply with subclause 2.2.2.

 

5.4.2  An application for a trading licence must be forwarded to the local government together with—

(a)  details of the number of persons to be employed or engaged in the trading at any one time;

(b)  a plan of the proposed location or, where the trading will not be conducted from a fixed location, a description of the route or areas from which the applicant proposes to trade;

(c)  details of the days and hours of operation;

(d)  details of the proposed goods or services to be traded under the trading licence;

(e)  if any stall will be used for trading, a detailed and accurate plan and description, including dimensions, of the stall; and

(f)   where the applicant is a corporation, the name and address of the person responsible for complying with any terms and conditions of the licence.

 

5.5     Trading licence

          A trading licence granted by the local government will—

          (a)     include a licence number;

          (b)     include the location, days and hours of operation and approved trading area;

          (c)     detail the goods or services which can be traded under the trading licence;

          (d)     specify the number of persons that may carry on trading at any time under the trading licence; and

          (e)     detail any other terms and conditions imposed on the licence.

 

5.6     Term and validity of licence

          5.6.1  A trading licence remains valid until—

                   (a)    the expiry date stated in the licence is reached;

                   (b)    variations are made to the trading area or activities, including an increase, reduction or change in the approved trading area, unless the variations are made by the local government in accordance with subclause 2.4.4;

                   (c)    any public liability insurance policy required as a condition of the licence lapses, is cancelled or is no longer in operation; or

                   (d)    the licence is cancelled by the local government.

 

          5.6.2  If any of the events specified in subclause 5.6.1 occur, then a new application for a trading licence must be made and a new trading licence issued before any trading can be carried out.

 

5.7     Responsibilities of licensee

          5.7.1  The licensee must—

                   (a)    comply with the conditions of the trading licence;

                   (b)    where a stall is being used for trading:

                            (i)      display a sign indicating the name of the licensee and the licence number, with letters and numerals not less than 5 centimetres in height in a conspicuous place in the approved trading area;

                            (ii)      ensure that the approved trading area is attended either by the licensee or a person employed or engaged in the trading activity at all times when trading is being undertaken;

                            (iii)     keep the stall in a clean and safe condition and in good repair;

                            (iv)    keep the approved trading area free from refuse and rubbish;

                            (v)     remove any stall, goods, equipment and signs from the approved trading area and leave that location clean and vacant -

                                      A.      at the conclusion of the permitted hours of operation specified in the trading licence; and

                                      B.      whenever trading is not taking place; and

                   (c)    have the trading licence available at all times trading is being undertaken, for inspection at the request of any authorised person.

 

          5.7.2  The licensee must not—

                   (a)    permit any trading activity to extend beyond the approved trading area;

                   (b)    engage in or permit any trading in any goods or services other than those specified in the trading licence;

                   (c)    cause, permit or suffer any nuisance to exist, arise or continue on or from the approved trading area;

                   (d)    deposit, place or store any goods on any public place, other than within the trading area;

                   (e)    obstruct the free passage of pedestrians on any footpath or pedestrian accessway;

                   (f)      use or display or permit to be used or displayed any advertisement, placard, poster, streamer, sign or signboard on or about the approved trading area exceeding a total area of 0.5 square metres;

                   (g)    erect and maintain any signs in accordance with sub-clause (f) so as to obscure any other signage on or adjacent to the approved trading area;

                   (h)     cry out or shout about, or permit any other person to cry out or shout about, any goods or services in any public place or from the trading area, to the detriment of or causing a nuisance to nearby traders or persons undertaking commercial activities; or

                   (i)      use or permit to be used—

A.    any loud hailer, microphone, amplifier or other apparatus for making or transmitting sound, on or from the approved trading area, unless approved by the local government;

B.    any record, tape, radio, bell, musical instrument or other instrument or device capable of being heard beyond the boundaries of the approved trading area unless approved by the local government;

       C.   any flashing or intermittent lighting apparatus or device on or from the approved trading area; or

       D.    an apparatus or device including a flap or shelf whereby the dimensions of the stall are increased beyond the dimensions specified in the trading licence.

 

POLICY IMPLICATIONS

 

The application has been assessed by Shire Officers against the Trading Local Law and Trading Policy, and has been found to comply with the relevant provisions of both.

 

FINANCIAL IMPLICATIONS

 

Should Council approve a Trading Licence for the Little Wild Flower Pop Up Picnics, an annual high-risk trading licence fee will be payable by the applicant. An application fee of $330.00 has already been submitted, and an annual licence fee will be collected in accordance with Council’s adopted fees and charges.

 

RISK

 

Risks associated with the business are to be managed by the Applicant. The Applicant has submitted a risk management plan to mitigate potential risks associated with the activity.

 

As part of the terms of the trading licence, the licensee is required to obtain public liability insurance to the value of $10,000,000 ($10 million) prior to the commencement of trading.

 

Considering these mitigation measures, the risk to the Shire in approving a trading licence for the Little Wild Flower Pop Up Picnics is considered Low.

 

There is a risk if the Shire of Broome were to refuse the application that the decision may be challenged in the State Administrative Tribunal. The risk of this occurring should the Shire refuse the application, given that the application complies with the Trading Local Law and Trading Policy is considered Moderate.

 

STRATEGIC IMPLICATIONS 

 

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

 

A built environment that reflects tropical climate design principles and

 

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

 

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

 

VOTING REQUIREMENTS

Simple Majority

 

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Marriott                                               Seconded: Cr M Fairborn

 

That Council:  

 

1.       Approves the application for a Trading in Public Place Licence received from Sarah Stuckings-Sinclair to operate Little Wild Flower Pop Up Picnics at Cable Beach (Reserve 53070), the grassed area between Zanders and the Surf Club (Cable Beach Foreshore Reserve 36477) and Town Beach (Reserve 31340):

 

a)      in accordance with the application received on 8 March 2018; and

 

b)      subject to modification by the conditions specified in point 2 below.

 

2.       Authorises the Chief Executive Officer to issue the Trading in a Public Place Licence to Sarah Stuckings-Sinclair in accordance with clauses 2.3.1 and 2.4 of the Trading, Outdoor Dining and Street Entertainment Local Law 2016 and subject to the following conditions:

 

a)      The licence expiry date is 30 June 2021.

 

b)      The licence holder shall be subject to an annual Trading Licence fee as set by Council. The licence may be cancelled should the fee not be paid within the time set out on the invoice.

 

c)      All necessary statutory approvals for all aspects of the operation must be obtained and maintained.

 

d)      The licence holder must ensure that public liability insurance cover is in place for the trading activity to the value of $10,000,000 ($10 million) at all times.

 

e)      The trading activity must occur in the areas shown on the attached plans (Attachment 3 and 4).

 

f)       The licensee must immediately comply with any lawful direction given at any time by the Chief Executive Officer of the Shire of Broome or his or her delegate, or an Authorised Officer, including the Shire of Broome Rangers.

 

g)      The licensee must maintain and adhere to, during the period of the licence, all procedures, policies, licences and accreditation outlined in the licence application and allow Shire officers, at any time, to inspect and verify the use and currency of those procedures, policies, licences and accreditation.

 

h)      The licensee must at all times comply with the requirements of all relevant legislation.

 

i)       The licensee may place one portable sign within the trading area approved for the commencement of each picnic. That sign must:

 

i.     not exceed 750mm in height;

 

ii.    not exceed 0.9 square metres double sided area (e.g. 750mm x 600mm each face);

 

iii.   not indicate or display any matter other than the nature of the trading activity;

 

iv.   be placed so as not to cause interference or be hazardous to vehicular traffic or cause any interference or hazard or impede pedestrians;

 

v.    be of sound construction, maintained in good condition, neatly written and fixed in position to the satisfaction of the Shire’s Building Surveyor;

 

vi.   be removed from the land in the event of a cyclone threat; and

 

vii.  be removed at the end of each trading session.

 

j)       The licensee must, at the conclusion of each picnic, remove any refuse and litter associated with the operation of the trading activity and ensure the site is left in a clean and safe condition.

 

k)      All business-related equipment must be removed at the end of each picnic.

 

l)       A maximum of 20 customers are permitted per picnic.

 

m)     The only trading activities permitted on the area approved by this licence is for pop up picnics.

 

n)      The area to be used for each picnic is limited to a maximum of 10m x 10m, with no more than one picnic to be held in each of the approved locations at any one time.

 

o)      The picnic area can only be set up for the maximum of 4 hours and it is not to be permanently sectioned off from use by the public.

 

p)      The licensee must ensure bookings do not coincide with events being held in the approved locations.

 

q)      The licensee must have a valid permit issued by the Shire’s Chief Executive Officer in accordance with the Control of Vehicles (Off Road Areas) Act 1960 to drive a vehicle to the approved Cable Beach trading location. The licensee must at all times comply with the requirements of the Act.

 

r)       The licensee must apply annually for approval to consume alcohol on Shire property under the Shire’s Local Government Property and Public Places Local Law 2016 to allow picnic guests to consume BYO alcohol as part of the trading activity. The licensee is responsible for ensuring all guests adhere to the conditions of the approval to consume alcohol on Shire property, and ensure that the responsible consumption of alcohol is practiced.

CARRIED 8/1

 

Attachments

1.

Little Wild Flower Pop Up Picnics - Packages

2.

Little Wild Flower Picnic Setup

3.

Proposed Locations - Cable Beach and Cable Beach Foreshore Reserve

4.

Proposed Location - Town Beach

  


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Item 9.1.3 - APPLICATION TO TRADE IN A PUBLIC PLACE - LITTLE WILD FLOWER POP UP PICNICS

 

 

 

 



Item 9.1.3 - APPLICATION TO TRADE IN A PUBLIC PLACE - LITTLE WILD FLOWER POP UP PICNICS

 

 

 

 



Item 9.1.3 - APPLICATION TO TRADE IN A PUBLIC PLACE - LITTLE WILD FLOWER POP UP PICNICS

 

 

 

 


 


9.1.4      COMMUNITY SPONSORSHIP PROGRAM 2017/18 ANNUAL FUNDING ROUND

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           FIS06

AUTHOR:                                                   Community Development Officer - Youth and Community

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    10 May 2018

 

SUMMARY:         This report presents the Community Sponsorship Assessment Working Group’s recommendations for funding for the 2017/18 Community Sponsorship Program annual funding round.

This report recommends that Council allocates $25,100 from the Shire’s Community Sponsorship Program account and $31,695 from the Energy Developments Ltd (EDL) West Kimberley Community Donation Reserve Account to successful recipients as recommended by the Community Sponsorship Assessment Working Group.

 

BACKGROUND

 

Previous Considerations

 

OMC 14 February 2008                     Item 9.2.3

OMC 5 June 2008                              Item 9.2.1

OMC 26 August 2008                        Item 9.2.2

OMC 23 October 2008                      Item 9.2.2

OMC 2 September 2009                   Item 9.2.4

OMC 28 October 2010                      Item 9.2.12

OMC 27 October 2011                      Item 9.3.6

OMC 15 March 2012                         Item 9.1.1

OMC 6 September 2012                   Item 9.1.5

OMC 21 March 2013                         Item 9.1.2

OMC 15 August 2013                        Item 9.1.3

OMC 19 September 2013                 Item 9.1.1

OMC 27 March 2014                         Item 9.1.1

OMC 26 March 2015                         Item 9.1.1

OMC 31 March 2016                         Item 9.1.2

OMC 27 April 2017                             Item 9.1.4

 

The Community Sponsorship Assessment Working Group (CSAWG) is a formal working group established by Council to undertake the assessment of community sponsorship applications and makes recommendations for funding to Council.  The members of this working group are Cr Chris Mitchell, Cr Desiree Male, Cr Phillip Matsumoto, Cr Warren Fryer and Cr Bruce Rudeforth. Deputy members are Cr Mala Fairborn, Cr Harold Tracey and Cr Elsta Foy.

The Community Sponsorship Program (CSP) is available annually for community not-for-profit organisations to apply for funding that supports community projects and events. The CSP consists of 2 funding categories as outlined in the table below:

 

 

Sponsorship Category

Timeframe

Annual allocation (following allocation of multi year funding agreements)

Funded by

GL code

1

Shire of Broome annual community sponsorship

Annual

$48,908

Shire of Broome

22172

2

Energy Development Limited West Kimberley community donations

Annual

 

$66,000

 

Energy Developments Limited

22173

 

The annual community sponsorship program is available once per year, with up to $10,000 available per application to a maximum of 50% of total project costs. The CSAWG considers recommending projects where the applicant has satisfactorily addressed the community sponsorship guidelines and the applicant has received no more than $10,000 over the previous 3 years of funding through the Shire’s CSP.

 

On 13 December 2011, the Shire of Broome signed a Memorandum of Understanding (MOU) with Energy Developments Limited (EDL). The MOU outlines an agreement whereby funding of $400,000 is allocated to the Shire of Broome. Up to $80,000 is available per year for community driven projects that fit within the EDL guiding principles as determined by the Shire.

 

A number of multi-year MOUs with the Shire end in 2017/18 and the relevant organisations have been invited to apply for further funding through the current round. These organisations are:

·    St Mary’s College

·    Broome Aboriginal Media Association – NAIDOC Week and Kimberley Girl

·    Relay for Life (project discontinued)

·    Broome Over 50s Seniors Club

·    Kyle Andrews Foundation

 

COMMENT

 

Submissions for the 2017/18 annual funding round were received between 15 January 2018 and 15 March 2018. A total of 13 applications were received requesting a sum of $64,795 in funding from an available $116,308.

 

The CSAWG met on 7 May 2018 and assessed applications in accordance with the funding guidelines. The meeting was attended by the following members Cr Mitchell, Cr Male, Cr Fryer and Cr Rudeforth. Cr Matsumoto was an apology, as was deputy member Cr Fairborn. No declarations of interest were made.

 

The CSAWG recommends that Council allocates $25,100 from the Shire’s Community Sponsorship Program account and $31,695 from the EDL West Kimberley Community Donation Reserve Account to the 2017/18 CSP. A summary of the CSAWG’s recommendations is shown in Attachment 1.

 

Any funds remaining as at 30 June 2018, after allocation of both Annual and Ad- Hoc Sponsorships, are placed in the ‘Community Sponsorship Program’ reserve account. The Group recommended that a further sponsorship round be advertised in August 2018, utilising the balance of funding remaining at the end of the 2017/18 financial year.

 

The CSAWG also discussed that there needs to be a review of the CSP guidelines, and this will be workshopped with the Group in the near future.

 

CONSULTATION

 

Applications and guidelines were available via the Shire of Broome website, in hard copy from the Shire’s Administration Office and by contacting the Manager Community and Economic Development.

 

The CSP was advertised on the Shire of Broome website, in the Shire News, through radio advertisements, and a direct marketing email campaign to the Shire’s community database.

 

Feedback was provided by Shire officers on individual applications. 

 

Formal approval for allocations from the EDL account will be formalised in writing from EDL following Council’s resolution.

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

 

6.8.         Expenditure from municipal fund not included in annual budget

      (1)     A local government is not to incur expenditure from its municipal fund for an additional purpose except where the expenditure — 

                 (a)     is incurred in a financial year before the adoption of the annual budget by the local government; or

                 (b)     is authorised in advance by resolution*; or

                 (c)     is authorised in advance by the mayor or president in an emergency.

          * Absolute majority required.

   (1a)     In subsection (1) —

               additional purpose means a purpose for which no expenditure estimate is included in the local government’s annual budget.

      (2)     Where expenditure has been incurred by a local government — 

                 (a)     pursuant to subsection (1)(a), it is to be included in the annual budget for that financial year; and

                 (b)     pursuant to subsection (1)(c), it is to be reported to the next ordinary meeting of the council.

 

6.11.       Reserve accounts

      (1)     Subject to subsection (5), where a local government wishes to set aside money for use for a purpose in a future financial year, it is to establish and maintain a reserve account for each such purpose.

      (2)     Subject to subsection (3), before a local government — 

                 (a)     changes* the purpose of a reserve account; or

                 (b)     uses* the money in a reserve account for another purpose,

               it must give one month’s local public notice of the proposed change of purpose or proposed use.

          * Absolute majority required.

      (3)     A local government is not required to give local public notice under subsection (2) — 

                 (a)     where the change of purpose or of proposed use of money has been disclosed in the annual budget of the local government for that financial year; or

                 (b)     in such other circumstances as are prescribed.

      (4)     A change of purpose of, or use of money in, a reserve account is to be disclosed in the annual financial report for the year in which the change occurs.

      (5)     Regulations may prescribe the circumstances and the manner in which a local government may set aside money for use for a purpose in a future financial year without the requirement to establish and maintain a reserve account.

 

POLICY IMPLICATIONS

 

Policy 3.4.2 Community Sponsorship Program

 

FINANCIAL IMPLICATIONS

 

The table below outlines the financial implications of this report. As per Policy 3.4.2, unallocated CSP funds at 30 June 2018 will be transferred to reserve for future distribution at the recommendation of the CSAWG to Council.

 

Payable to

Details

Amount

GL Account From

GL Account To

Successful applicants - CSP

Annual Community Sponsorship Program as per attachment.

$25,100

22172

N/A

Various Creditors

Successful applicants - EDL

Annual Community Sponsorship Program as per attachment.

$31,695

22173

N/A

Various Creditors

 

The approximate amounts that will be remaining/placed in reserve as at 30 June 2018 following the allocation of funding as recommended in this report is as follows:

 

·     Community Sponsorship Program funds - $81,107.88 ($57,299.88 currently in reserve plus $23,808 remaining from the 2017/18 allocation).

·     EDL funds - $179,731.

 

RISK

 

The following risks have been identified in relation to the options provided for Council’s consideration.

 

Risk

Type

Rank

Mitigation

Consistent and transparent process

Reputational

Low

The applications are assessed by the CSAWG in response to the program criteria. Further communication regarding this process to be developed to increase number of applicants submitting eligible projects.

Perception of community impact

Reputational

Low 

A number of applications were ineligible, due to not adhering to the criteria. Continue to assist applicants in the future and review application documentation.

CSP & EDL unspent funds

Reputational

Medium

Trend of unspent funds continues and may require review of allocation and if previous/current allocations are required. 

 

STRATEGIC IMPLICATIONS  

 

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

 

Effective communication

 

Affordable services and initiatives to satisfy community need

 

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

 

Responsible resource allocation

 

Effective community engagement

 

VOTING REQUIREMENTS

Absolute Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                               Seconded: Cr D Male

 

That Council:

1.       Approves the distribution of $25,100 to be allocated from the Community Sponsorship Program expense account (GL 22172) to the following successful applicants as recommended by the Community Sponsorship Assessment Working Group:

a)      Cacoy Doce Pares - $2,500 for a period of 1 year;

b)      Broome Sports Association - $5,000 for a period of 1 year;

c)      Pearl Coast Gymnastics - $2,100 for a period of 1 year;

d)      Broome North Primary School Year 6 Camp Fundraising Committee 2018 - $6,000 for a period of 1 year;

e)      Returned Services League Broome Sub Branch - $5,000 per annum for a period of 2 years; and

f)       Broome Fishing Club - $4,500 for a period of 1 year.

 

2.   Pending formal approval from Energy Developments Ltd (EDL), approves the distribution of $31,695 to be allocated from the EDL sponsorship program operating expense account (GL 22173) to the following successful applicants as recommended by the Community Sponsorship Assessment Working Group:

a)  Broome Aboriginal Media Association (Kullarri NAIDOC Festival) - $10,000 for a period of 1 year;

b)  Broome Aboriginal Media Association (Young Women’s Indigenous Pathways Program) - $5,000 for a period of 1 year;

c)  WA Police and Community Youth Centres Inc - $8,000 for a period of 1 year;

d)  Broome Netball Association - $3679 for a period of 1 year;

e)  Broome Historical Society - $2,090 for a period of 1 year; and

f)    Peninsula Bombers Football Club - $2,926 for a period of 1 year.

 

3.   Authorises the Chief Executive Officer to make minor modifications to the allocations in accordance with Point 2 above if required in response to the formal approval from EDL.

 

4.   Requests that the Chief Executive Officer or his delegate review the Community Sponsorship Program guidelines and application documents.

 

5.   Requests that the Chief Executive Officer advertise an additional Community Sponsorship Program funding round in August 2018 to utilise the reserve balance of funding as at the end of the 2017/18 financial year.

 

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 9/0

 

Attachments

1.

2017/18 Annual Community Sponsorship Program - CSAWG recommendations for funding

  


Item 9.1.4 - COMMUNITY SPONSORSHIP PROGRAM 2017/18 ANNUAL FUNDING ROUND

 

 

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MinutesOrdinary Meeting of Council 31 May 2018                                                                                  Page 115 of 875

 

 

9.1.5      SENATE INQUIRY INTO REGIONAL INEQUALITY IN AUSTRALIA

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           GVR027

AUTHOR:                                                   Manager Community and Economic Development

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    14 May 2018

 

SUMMARY:         The Senate Economics References Committee is conducting an inquiry into the indicators of, and impact of, regional inequality in Australia.

This report recommends that Council resolve to make a formal submission to the Committee as part of this inquiry.

 

BACKGROUND

 

Previous Considerations

 

Nil

 

Background

On 14 February 2018, the Senate referred an inquiry into the indicators of, and impact of, regional inequality in Australia to the Senate Economics References Committee for inquiry and report by the last day on sitting in June 2019. The terms of reference for the inquiry are as follows:

 

The indicators of, and impact of, regional inequality in Australia, with particular reference to government policies and programs in the following areas:

 

a)  fiscal policies at federal, state and local government levels;

b)  improved co-ordination of federal, state and local government policies;

c)  regional development policies;

d)  infrastructure;

e)  education;

f)    building human capital;

g)  enhancing local workforce skills;

h)   employment arrangements;

i)    decentralisation policies;

j)    innovation;

k)   manufacturing; and

l)    any other related matters.

 

Submissions were requested by 30 April 2018, however officers successfully requested an extension for the Shire submission, with the deadline revised to 1 June 2018. 

 

COMMENT

 

Officers have prepared a proposed submission to the inquiry which focuses on Financial Assistance Grants and what the Shire perceives to be an inequitable distribution method which disadvantages some regional local governments.

 

It is recommended that the Shire make the submission, addressing the following elements regarding the inquiry’s focus area a) fiscal policies at federal, state and local government levels.  The proposed submission is shown in Attachment 1.

 

In summary, the proposed submission contains the recommendations outlined in the table below.

 

Term of Reference

Shire Recommendations

a)   fiscal policies at federal, state and local government levels

Recommendation 1: Commence a review of the distribution criteria for the Federal Assistance Grants to focus on demonstrated financial need of Local Governments.

Recommendation 2: Distribute FAGs directly through the Commonwealth, rather than the current State or Territory distribution model.

Recommendation 3: The national FAGs allocation is increased to 1% of total Commonwealth taxation revenue per annum.

Recommendation 4: Review the FAGs distribution criteria to reflect the challenges of local governments across northern Australia taking into account isolation, variable populations of regional centres, high cost of remote service delivery and availability of alternative income opportunities (eg other external grants or rates).

 

CONSULTATION

 

Senate Economics References Committee

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

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

 

RISK

 

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

 

Risk

Type

Rank

Mitigation

Shire does not make an independent submission to the Inquiry.

Reputational

Medium

Given that this issue impacts the Shire’s achievement of its Strategic Community Plan, it is recommended that Council makes a submission.

 

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

 

Reputational

Low

The Shire’s submission is guided by identified priority areas within the Strategic Community Plan – which was informed by broad community/stakeholder engagement and consultation.

The Shire’s feedback makes limited impact.

Reputational

Low

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

 

STRATEGIC IMPLICATIONS  

 

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

 

Effective communication

 

Affordable services and initiatives to satisfy community need

 

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

 

Affordable and equitable services and infrastructure

 

Affordable land for residential, industrial, commercial and community use

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr D Male                                                    Seconded: Cr C Marriott

That Council:  

1.       Endorses the submission to the Senate Economics References Committee Inquiry into Regional Inequality in Australia as shown in Attachment 1.

2.       Requests that the Chief Executive Officer forward the submission to the Senate Economics References Committee.

CARRIED UNANIMOUSLY 9/0

 

Attachments

1.

Shire of Broome Submission

  


Item 9.1.5 - SENATE INQUIRY INTO REGIONAL INEQUALITY IN AUSTRALIA

 

 

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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 31 May 2018                                                                                  Page 123 of 875

 

 

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

With regard to Item 9.2.1, Cr E Foy declared the following impartiality interest pursuant to Regulation 11 of the Local Government (Rules of Conduct) Regulations 2007 – “T.O. of Broome Walman Clan group. Member Yawuru language group”.

9.2.1      CREATION OF RESERVE FOR EXTRACTION OF GRAVEL AND PINDAN FOR LOT 556 CRAB CREEK ROAD

LOCATION/ADDRESS:                             LOT 556 CRAB CREEK ROAD

APPLICANT:                                              DPLH

FILE:                                                           CRA-1/GEN; CRA-2/429

AUTHOR:                                                   Land Tenure Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    13 April 2018

 

SUMMARY:         The Department of Planning, Lands and Heritage (DPLH) have written to the Shire seeking comment on whether the Shire is interested in taking management of Lot 556 Crab Creek Road.

This report recommends that Council supports the Shire writing to the Department of Planning, Lands and Heritage seeking creation of a reserve for the purpose of ‘pindan and gravel extraction’ with Management Orders in favour of the Shire of Broome.

 

BACKGROUND

 

Previous Considerations

 

Nil.

 

The Department of Planning, Lands and Heritage (DPLH) have written to the Shire seeking comment on whether the Shire is interested in taking management of Lot 556 Crab Creek Road (previously Lot 81 on Deposited Plan 211926) (see Attachment 1).

 

Lot 556 on Deposited Plan 401597 is approximately 194 hectares of Unallocated Crown Land (UCL).  The DPLH is proposing to create a Reserve with Management Orders in favour of the Shire of Broome.  There are no native title implications with this proposal as native title has been extinguished pursuant to the Yawuru Area Agreement Indigenous Land Use Agreement – Broome, clause 9, schedule 6.

 

The subject land is zoned ‘General Agriculture’ in accordance with the Shire of Broome Local Planning Scheme No 6. Industry – Extractive is a discretionary use within the ‘General Agriculture’ zoning.

 

COMMENT

 

Lot 556 is located adjacent to Reserve 52038 for the purpose of ‘pindan and gravel extraction’ with Management Orders in favour of the Shire of Broome. It would be beneficial for the Shire to secure Lot 556 for a future gravel reserve given its proximity to the Shire’s existing gravel and pindan Reserve 52038.

 

It is therefore recommended that Council writes to the DPLH requesting that the Minister for Lands create the reserve for the purpose of ‘pindan and gravel extraction’ with Management Orders in favour of the Shire of Broome.

 

CONSULTATION

 

Department of Planning, Lands and Heritage

 

Yawuru Park Council Working Group – the matter was discussed at the Yawuru Park Council Working Group meeting held on 18 April 2018.

 

STATUTORY ENVIRONMENT

 

Section 46.  Care, control and management of reserves

 

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

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

(3)          The Minister may —

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

(b)     approve a mortgage of any such lease.

(3a)       The Minister may by order —

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

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

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

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

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

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

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

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

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

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

(ii)   a person referred to in subsection (10)(b), and the order provides that the Minister’s approval under section 18 is required; or

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

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

(a)     a lease granted under section 47; or

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

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

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

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

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

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

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

(a)     a person having perpetual succession;

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

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

(ii)   deleted]

(ii)   a person holding a prescribed office.

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

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

 

POLICY IMPLICATIONS

 

Nil.

 

FINANCIAL IMPLICATIONS

 

The creation of the Reserve with Management Orders in favour of the Shire of Broome does not give rise to any costs to the Shire.

 

RISK

 

The availability of gravel for future works within the Shire is an ongoing concern.  This is an opportunity for the Shire to secure a site for future gravel extraction.  To mitigate the risk of future gravel shortage, Council should support creation of the Reserve.

 

STRATEGIC IMPLICATIONS

 

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

 

Affordable services and initiatives to satisfy community need

 

A healthy and safe environment

 

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

 

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

 

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

 

Affordable and equitable services and infrastructure

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                               Seconded: Cr B Rudeforth

That Council requests that the Chief Executive Officer write to the Department of Planning, Lands and Heritage seeking the creation of a reserve over Lot 556 on Deposited Plan 401597, for the purpose of ‘pindan and gravel extraction’ with Management Orders in favour of the Shire of Broome.

CARRIED UNANIMOUSLY 9/0

 

Attachments

1.

Lot 556 DP 401597

  


Item 9.2.1 - CREATION OF RESERVE FOR EXTRACTION OF GRAVEL AND PINDAN FOR LOT 556 CRAB CREEK ROAD

 

 

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MinutesOrdinary Meeting of Council 31 May 2018                                                                                  Page 129 of 875

 

 

9.2.2      AMENDMENT TO LOCAL PLANNING POLICY 5.14 PUBLIC CONSULTATION - PLANNING MATTERS

LOCATION/ADDRESS:                             NIL

APPLICANT:                                              Not applicable

FILE:                                                           PLA22

AUTHOR:                                                   Planning Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Manager Planning & Building Services

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    18 April 2018

 

SUMMARY:         At the Ordinary Meeting of Council on 22 May 2014 Council resolved to adopt the Local Planning Policy 5.14 – Public Consultation – Planning Matters (LPP 5.14). The Policy was designed to clearly define consultation required for planning matters.

The recently gazetted Scheme Amendment No. 7 – Omnibus Amendment resulted in amendments to land use permissibility, which now calls for a review of LPP 5.14. Given this, a minor amendment is proposed to LPP 5.14 to ensure it is consistent with the amended Local Planning Scheme No. 6.

 

BACKGROUND

 

Previous Considerations

 

OMC 22 May 2014                             Item 9.2.3

OMC 30 July 2015                              Item 9.2.3

OMC 17 December 2015                 Item 9.4.3

OMC 25 August 2016                        Item 9.2.5

 

COMMENT

 

LPP 5.14 – Public Consultation – Planning Matters (LPP 5.14) was designed to clearly define consultation required to meet the statutory and ‘standard’ consultation requirements for planning matters.

 

Clause 64(1) of the Deemed Provisions establishes when consultation is required under the Scheme. Clause 64(3) of the Deemed Provisions sets out minimum consultation requirements and gives discretion on how an application is to be advertised. LPP 5.14 establishes the circumstances where this discretion will be exercised, with Schedule 1 – Consultation Matrix listing the appropriate level of consultation dependent on the land use and development proposal.

 

An omnibus amendment to Local Planning Scheme No. 6 (LPS 6) was gazetted in March 2018, which resulted in amendments to the land use permissibility as detailed in the Zoning Table. The Zoning Table amendments included the following:

 

·    Changed ‘Club Premises’ from a ‘D’ to an ‘A’ in the Residential zone;

·    Changed ‘Educational Establishment’ from a ‘D’ to an ‘A’ in the Residential and the Rural Residential zones;

·    Changed ‘Plant Nursery’ from a ‘D’ to an ‘A’ in the Rural Residential zone;

·    Changed ‘Agriculture – Intensive’ from an ‘A’ to a ‘P’ in the General Agriculture zone and from an ‘A’ to a ‘D’ in the Cultural and Natural Resource Use zone.

 

‘Club Premises’, ‘Educational Establishment’ and ‘Plant Nursery’, all previously ‘D’ uses in LPS6, were itemised separately in the Consultation Matrix, requiring the same level of consultation as an ‘A’ use. Given these land uses have since been changed to ‘A’ uses, automatically requiring Level C consultation under LPP 5.14, it is recommended that the itemisation of these uses be removed in the Consultation Matrix.

 

The land use for ‘Agriculture – Intensive’ is now a permitted use in the General Agriculture zone and is a ‘D’ use in the Cultural and Natural Resource Use zone. Given this, consultation is not required for this land use and therefore, it is recommended the Consultation Matrix be amended to remove the itemisation of this land use.

 

Given the above, it is recommended the Consultation Matrix in LPP 5.14 be amended to be consistent with the amended LPS6 as outlined Attachment 1 with tracked changes.

 

CONSULTATION

 

As the amendment is considered to be minor, pursuant to Clause 5(2) in Schedule 2 (Deemed Provisions for Local Planning Schemes) of the Planning and Development (Local Planning Schemes) Regulations 2015, it is recommended that the amendment is not advertised.

 

STATUTORY ENVIRONMENT

 

Planning and Development (Local Planning Schemes) Regulations 2015

 

Schedule 2 – Deemed provisions for local planning Schemes

3.       Local planning policies

(1)       The local government may prepare a local planning policy in respect of any matter related to the planning and development of the Scheme area.

(2)     A local planning policy —

(a)     may apply generally or in respect of a particular class or classes of matters specified in the policy; and

(b)     may apply to the whole of the Scheme area or to part or parts of the Scheme area specified in the policy.

(3)     A local planning policy must be based on sound town planning principles and may address either strategic or operational considerations in relation to the matters to which the policy applies.

(4)     The local government may amend or repeal a local planning policy.

(5)     In making a determination under this Scheme the local government must have regard to each relevant local planning policy to the extent that the policy is consistent with this Scheme.

 

4.       Procedure for making local planning policy

 

(1)     If the local government resolves to prepare a local planning policy the local government must, unless the Commission otherwise agrees, advertise the proposed policy as follows —

 

(a)    publish a notice of the proposed policy in a newspaper circulating in the Scheme area, giving details of —

(i)      the subject and nature of the proposed policy; and

(ii)     the objectives of the proposed policy; and

(iii)     where the proposed policy may be inspected; and

(iv)    to whom, in what form and during what period submissions in relation to the proposed policy may be made;

(b)    if, in the opinion of the local government, the policy is inconsistent with any State planning policy, give notice of the proposed policy to the Commission;

(c)     give notice of the proposed policy in any other way and carry out any other consultation the local government considers appropriate.

 

(2)     The period for making submissions in relation to a local planning policy must not be less than a period of 21 days commencing on the day on which the notice of the policy is published under subclause (1)(a).

 

(3)     After the expiry of the period within which submissions may be made, the local government must —

(a)       review the proposed policy in the light of any submissions made; and

(b)       resolve to —

(i)        proceed with the policy without modification; or

(ii)        proceed with the policy with modification; or

(iii)       not to proceed with the policy.

 

(4)     If the local government resolves to proceed with the policy, the local government must publish notice of the policy in a newspaper circulating in the Scheme area.

 

(5)     A policy has effect on publication of a notice under subclause (4).

 

(6)     The local government —

(a)    must ensure that an up-to-date copy of each local planning policy made under this Scheme is kept and made available for public inspection during business hours at the offices of the local government; and

(b)    may publish a copy of each of those local planning policies on the website of the local government.

 

5.       Procedure for amending local planning policy

 

(1)     Clause 4, with any necessary changes, applies to the amendment to a local planning policy.

 

(2)     Despite subclause (1), the local government may make an amendment to a local planning policy without advertising the amendment if, in the opinion of the local government, the amendment is a minor amendment.

 

POLICY IMPLICATIONS

 

Local Planning Policy 5.14 – Public Consultation – Planning Matters

 

FINANCIAL IMPLICATIONS

 

Nil.

 

RISK

 

Reviews of policies are important to ensure that provisions contained therein are adequate and reflective of legislative changes and current requirements. There is a potential risk that if the policy review is not completed, the planning framework will not be consistent with Council’s strategic direction.

 

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

 

A built environment that reflects tropical climate design principles and

 

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

 

A preserved, historical and cultural heritage of Broome

 

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

 

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

 

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

 

An organisational culture that strives for service excellence

 

Improved systems, processes and compliance

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                               Seconded: Cr W Fryer

That Council:  

1.       Pursuant to Clause 5(2) of Schedule 2 (Deemed Provisions for Local Planning Schemes) in the Planning and Development (Local Planning Schemes) Regulations 2015, forms the opinion that the amendment of the Policy, as set out in Attachment 1, is a minor amendment.

2.       Pursuant to Clause 3(4) and Clauses 5(2) of Schedule 2 (Deemed Provisions for Local Planning Schemes) in the Planning and Development (Local Planning Schemes) Regulations 2015, amends Local Planning Policy 5.14 – Public Consultation – Planning Matters as set out in Attachment 1.

CARRIED UNANIMOUSLY 9/0

 

Attachments

1.

Local Planning Policy 5.14 Public Consultation - Planning Matters

  


Item 9.2.2 - AMENDMENT TO LOCAL PLANNING POLICY 5.14 PUBLIC CONSULTATION - PLANNING MATTERS

 

 

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MinutesOrdinary Meeting of Council 31 May 2018                                                                                  Page 149 of 875

 

 

9.2.3      REQUEST TO TRANSFER TRADING IN PUBLIC PLACE LICENCE - BROOME CYCLES

LOCATION/ADDRESS:                             Cable Beach

APPLICANT:                                              Darren and Vicki Cobby

FILE:                                                           HEA001

AUTHOR:                                                   Environmental Health Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    7 May 2018

 

SUMMARY:         In 2011 the Shire of Broome granted a licence to trade in a public place to Broome Cycles for a bicycle hire business in the Cable Beach Road West road reserve, outside of the former crocodile park. Andrew and Deanne Johnson have chosen to sell the business and it is requested that Council consider the application to transfer the licence to the new owners, Darren and Vicki Cobby. It is also proposed that the licence condition requiring Council to approve such transfers be amended to allow officers to consider future transfers under delegation.

 

Previous Considerations

 

Nil.

 

COMMENT

 

Broome Cycles has been operating a bicycle hire business in accordance with a licence to trade in a public place (Licence) issued under the Shire’s Trading, Outdoor Dining and Street Entertainment Local Law 2016 (Local Law) outside of the former crocodile park on Cable Beach Road West since 2011. An application to transfer the ownership of the licence to Darren and Vicki Cobby has been received by the Shire.

 

A copy of the current Licence is shown in Attachment 1 (note the expiry date shown on the Licence is incorrect). In accordance with condition 4 of the Licence, the Licence cannot be transferred without Council approval. In most cases, a licence transfer can be assessed and approved by Shire officers under delegation. However in this case, the Licence specifically requires the transfer to be considered by Council.

 

Officers have considered the request to transfer the Licence and do not have any concerns with the transfer occurring. A copy of the proposed transferred Trading Licence is shown in Attachment 1. The following changes have been made to the proposed Trading Licence:

 

·        Business, company and licensee names have changed in accordance with the change of ownership.

·        A new condition has been included to clarify the requirement to pay an annual trading licence fee due to confusion from traders regarding their requirement to pay their fees.

·        Condition 4 has been amended to remove the requirement for Council to approve of any future transfers of the Licence. Instead, approval from the Shire of Broome will be required, allowing officers to consider this under delegation.

·        Changes to update the format of the Licence to the current trading licence format.

 

In addition, there were some typing errors in condition 7 (incorrectly noted as condition 1) of the current Licence and these have been corrected also.

 

The reason the change has been recommended to condition 4 is that the trading activity has been considered and approved previously by Council and a change of ownership will not change the nature of the activity. The Licence contains sufficient safeguards through its conditions to ensure the nature and scope of the activity is managed in accordance with the Local Law.

 

Overall, it is recommended that Council approves the transfer of the Licence to Darren and Vicki Cobby and authorises the Chief Executive Officer to issue the proposed Trading Licence with the changes as outlined above.

 

CONSULTATION

 

Officers have discussed the matter with both existing and the proposed licensees.

 

STATUTORY ENVIRONMENT

 

Trading, Outdoor Dining and Street Entertainment Local Law 2016

 

5.4     Licence application

5.4.1  An applicant for a trading licence must comply with subclause 2.2.2.

 

5.4.2  An application for a trading licence must be forwarded to the local government together with—

(a)  details of the number of persons to be employed or engaged in the trading at any one time;

(b)  a plan of the proposed location or, where the trading will not be conducted from a fixed location, a description of the route or areas from which the applicant proposes to trade;

(c)  details of the days and hours of operation;

(d)  details of the proposed goods or services to be traded under the trading licence;

(e)  if any stall will be used for trading, a detailed and accurate plan and description, including dimensions, of the stall; and

(f)   where the applicant is a corporation, the name and address of the person responsible for complying with any terms and conditions of the licence.

 

5.5     Trading licence

          A trading licence granted by the local government will—

          (a)     include a licence number;

          (b)     include the location, days and hours of operation and approved trading area;

          (c)     detail the goods or services which can be traded under the trading licence;

          (d)     specify the number of persons that may carry on trading at any time under the trading licence; and

          (e)     detail any other terms and conditions imposed on the licence.

 

5.6     Term and validity of licence

          5.6.1  A trading licence remains valid until—

                   (a)    the expiry date stated in the licence is reached;

                   (b)    variations are made to the trading area or activities, including an increase, reduction or change in the approved trading area, unless the variations are made by the local government in accordance with subclause 2.4.4;

                   (c)    any public liability insurance policy required as a condition of the licence lapses, is cancelled or is no longer in operation; or

                   (d)    the licence is cancelled by the local government.

 

          5.6.2  If any of the events specified in subclause 5.6.1 occur, then a new application for a trading licence must be made and a new trading licence issued before any trading can be carried out.

 

5.7     Responsibilities of licensee

          5.7.1  The licensee must—

                   (a)    comply with the conditions of the trading licence;

                   (b)    where a stall is being used for trading:

                            (i)      display a sign indicating the name of the licensee and the licence number, with letters and numerals not less than 5 centimetres in height in a conspicuous place in the approved trading area;

                            (ii)      ensure that the approved trading area is attended either by the licensee or a person employed or engaged in the trading activity at all times when trading is being undertaken;

                            (iii)     keep the stall in a clean and safe condition and in good repair;

                            (iv)    keep the approved trading area free from refuse and rubbish;

                            (v)     remove any stall, goods, equipment and signs from the approved trading area and leave that location clean and vacant -

                                      A.      at the conclusion of the permitted hours of operation specified in the trading licence; and

                                      B.      whenever trading is not taking place; and

                   (c)    have the trading licence available at all times trading is being undertaken, for inspection at the request of any authorised person.

 

          5.7.2  The licensee must not—

                   (a)    permit any trading activity to extend beyond the approved trading area;

                   (b)    engage in or permit any trading in any goods or services other than those specified in the trading licence;

                   (c)    cause, permit or suffer any nuisance to exist, arise or continue on or from the approved trading area;

                   (d)    deposit, place or store any goods on any public place, other than within the trading area;

                   (e)    obstruct the free passage of pedestrians on any footpath or pedestrian accessway;

                   (f)      use or display or permit to be used or displayed any advertisement, placard, poster, streamer, sign or signboard on or about the approved trading area exceeding a total area of 0.5 square metres;

                   (g)    erect and maintain any signs in accordance with sub-clause (f) so as to obscure any other signage on or adjacent to the approved trading area;

                   (h)     cry out or shout about, or permit any other person to cry out or shout about, any goods or services in any public place or from the trading area, to the detriment of or causing a nuisance to nearby traders or persons undertaking commercial activities; or

                   (i)      use or permit to be used—

A.    any loud hailer, microphone, amplifier or other apparatus for making or transmitting sound, on or from the approved trading area, unless approved by the local government;

B.    any record, tape, radio, bell, musical instrument or other instrument or device capable of being heard beyond the boundaries of the approved trading area unless approved by the local government;

       C.   any flashing or intermittent lighting apparatus or device on or from the approved trading area; or

       D.    an apparatus or device including a flap or shelf whereby the dimensions of the stall are increased beyond the dimensions specified in the trading licence.

 

POLICY IMPLICATIONS

 

The original application was assessed against the Local Law and Policy 3.3.6 – Trading in Public Places.

 

A licence agreement via a formal disposal process in accordance with section 3.58 of the Local Government Act 1995 is not required in this particular instance due to the temporal nature of the activity and the fact that use of the area will not be exclusive.

 

FINANCIAL IMPLICATIONS

 

A transfer application fee of $330 has been received by the Shire. The activity is considered a high intensity activity and therefore attracts the annual fee of $1540.

 

RISK

 

Risks associated with the business are to be borne by the applicant. The original applicant developed a Risk Assessment and Management Plan and a Workplace Health and Safety Management plan to mitigate risks. The current applicants have provided a written commitment to adhere to these plans.

 

As part of the terms of the trading licence, the licensee is required to obtain public liability insurance to the value of $10,000,000 ($10 million) prior to the commencement of trading. The applicants have demonstrated that they hold public liability to the sum of $20,000,000 ($20 million).

 

There is a risk if the Shire were to refuse the application that the decision may be challenged in the State Administrative Tribunal. The risk of this occurring should the Shire refuse the application, given the application complies with the Local Law and Trading Policy, is 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:

 

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

 

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

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Marriott                                               Seconded: Cr W Fryer

 

That Council:  

 

1.       Approves the application for the transfer of trading licence 012/2017-2018 issued to licensee Andrew Johnson and Deanne Johnson for the purpose of ‘Bike hire from the car park area outside Lot 1640 Cable Beach Road West, Cable Beach’ to Darren Cobby and Vicki Cobby, owners of Broome Cycles.

 

2.       Authorises the Chief Executive Officer to issue the trading licence subject to the following conditions:

 

a)   The licence expiry date is 30 June 2018.

 

b)   The licence holder shall be subject to an annual Trading Licence fee as set by Council. The licence may be cancelled should the fee not be paid within the time set out on the invoice.

 

c)   No individual or business shall hold more than one (1) trading licence at any time and will operate independently at all times.

 

d)   All necessary approvals for all aspects of the operation being obtained and maintained.

 

e)   Provision of public liability insurance cover to the value of $10,000,000 ($10 million) at all times.

 

f)     The licence is not transferable or renewable without the approval from the Shire of Broome and there is to be no expectation of continuance of the licence by the Licence Holder.

 

g)   All commercial activities, including the placing of signs are to occur within the area approved for the specific activity to be conducted as detailed on a plan of the area.

 

h)   The licensee must immediately comply with any lawful direction given at any time by the Chief Executive Officer of the Shire of Broome or his or her delegate, or an Authorised Officer, including the Shire of Broome Rangers and Lifeguards.

 

i)     A licensee may place only one portable sign within the approved trading area. That sign must comply with the following:

i)     not exceed 750mm in height;

ii)    not exceed 0.9 square metres double sided area (e.g. 750mm x 600mm each face);

iii)   not indicate or display any matter other than the nature of the trading activity;

iv)   be placed so as not to cause interference or be hazardous to vehicular traffic or cause any interference or hazard or impede pedestrians;

v)    be of sound construction, maintained in good condition, neatly written and fixed in position to the satisfaction of the Shire’s Building Surveyor;

vi)   be removed from the land in the event of a cyclone threat; and

vii)  be removed at the end of each trading session.

 

j)     A licensee must, at the conclusion of business each day, remove all and any refuse and litter associated with the operation of their activity and ensure the site is left in a clean and safe condition.

 

k)   The only trading activities permitted on the area of application are:

 

·    Hire of push bikes and associated safety equipment

 

l)     The licensee must maintain and adhere to, during the period of the licence, all procedures, policies, licences and accreditation outlined in its licence application and allow the Shire officers, at any time, to inspect and verify that the use and currency of those procedures, policies, licences and accreditation are current and in place.

 

m)  If at the time of the inspection any of the procedures, policies, licences and accreditation are not current, in place or adhered to, then this will be deemed as a breach of the licence conditions.

 

n)   No sale of food and beverages is permitted.

CARRIED UNANIMOUSLY 9/0

 

Attachments

1.

Current Broome Cycles Trading Licence

2.

Proposed Broome Cycles Trading Licence

  


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Item 9.2.3 - REQUEST TO TRANSFER TRADING IN PUBLIC PLACE LICENCE - BROOME CYCLES

 

 

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MinutesOrdinary Meeting of Council 31 May 2018                                                                                  Page 156 of 875

 

 

With regard to Item 9.2.4, Cr P Matsumoto declared the following impartiality interest pursuant to Regulation 11 of the Local Government (Rules of Conduct) Regulations 2007 – “A director Yawuru PBC Board. A member of Native Title”

With regard to Item 9.2.4, Cr E Foy declared the following impartiality interest pursuant to Regulation 11 of the Local Government (Rules of Conduct) Regulations 2007 – “T.O. of Broome Walman Clan group. Member Yawuru language group”.

9.2.4      CREATION OF RESERVE FOR STORAGE AND TREATMENT OF LIQUID WASTE – LOT 544 CRAB CREEK ROAD

LOCATION/ADDRESS:                             Lot 544 Crab Creek Road

APPLICANT:                                              Nil

FILE:                                                           CRA-2/LT544

AUTHOR:                                                   Land Tenure Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    9 May 2018

 

SUMMARY:         Shire officers have become aware of a parcel of Unallocated Crown Land (UCL) being Lot 544 on Deposited Plan 73704, located on Crab Creek Road adjacent to the Water Corporation’s waste water treatment plant.

This report recommends that Council supports the Shire writing to the Department of Planning, Lands and Heritage seeking creation of a reserve for the purpose of ‘storage and treatment of liquid waste’ with Management Orders in favour of the Shire of Broome.

 

BACKGROUND

 

Previous Considerations

 

Nil.

 

Shire officers have become aware of a parcel of Unallocated Crown Land (UCL), being Lot 544 on Deposited Plan 73704, located on Crab Creek Road adjacent to the Water Corporation’s waste water treatment plant (see Attachment 1).

 

The subject land is zoned ‘Public Purpose’ in accordance with the Shire’s Local Planning Scheme No 6 with a designated land use of ‘refuse site’.

 

COMMENT

 

The current liquid waste facility is located on Reserve 40813 (Buckleys Road), vested with the Shire of Broome for the purpose of ‘rubbish disposal site and gas storage facility’.

 

The Department of Water and Environmental Regulation (DWER) has written to the Shire advising continued use of the current liquid waste ponds would be subject to a review of the licence and conditions, with likely imposition of the requirement for a lined pond system that alleviates historic overflow issues.  The current ponds do not meet the DWER standards and were only a short term interim system until a new landfill was constructed.

 

Shire officers have approached Water Corporation regarding the opportunity for the Shire to operate a liquid waste treatment and storage facility adjacent to the Broome North Waste Water Treatment Plant (WWTP) on Crab Creek Road. The Water Corporation had no concerns with this proposal.

 

Shire officers have consulted with the Department of Planning, Lands and Heritage (DPLH) regarding the subject land and advised that further investigation with regards to native title implications was required as well as a Council resolution to accept Management Orders for the proposed reserve.

 

The Shire must write to the DPLH requesting the Minister of Lands create the reserve for the purpose of ‘storage and treatment of liquid waste’ with Management Orders in favour of the Shire of Broome. 

 

Given the need to develop a new liquid waste treatment and storage facility and the desirability of locating the new facility proximate to the Broome North WWTP on Crab Creek Road, it is recommended that Council write to the DPLH requesting that the Minister for Lands create the reserve.

 

CONSULTATION

 

Executive Management Team.

 

The Department of Planning, Lands and Heritage

 

The matter was discussed at the Yawuru Park Council Working Group meeting on 16 May 2018.

 

STATUTORY ENVIRONMENT

 

Land Administration Act 1997 (WA)

 

Section 46.  Care, control and management of reserves

 

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

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

(3)          The Minister may —

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

(b)  approve a mortgage of any such lease.

(3a)       The Minister may by order —

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a)  a lease granted under section 47; or

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

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

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

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

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

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

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

(a)  a person having perpetual succession;

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

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

(ii)   deleted]

(iii)  a person holding a prescribed office.

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

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

 

POLICY IMPLICATIONS

 

Nil.

 

FINANCIAL IMPLICATIONS

 

There are no costs associated with accepting Management Orders for the proposed Reserve.  An application has been lodged with the federally funded Regional Growth Fund which includes $1,000,000 for funding towards the construction costs for the liquid waste facility.

 

RISK

 

The current liquid waste facility is nearing capacity.  It is critical that the Shire acquires an alternate site for the new liquid waste facility.

 

Doing nothing may result in the Shire having to incur significant costs associated with upgrading the existing facility to meet DWER requirements for a site with limited capacity, until the new facility is established.

 

STRATEGIC IMPLICATIONS  

 

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

 

Affordable services and initiatives to satisfy community need

 

A healthy and safe environment

 

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

 

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

 

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

 

Affordable and equitable services and infrastructure

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                               Seconded: Cr D Male

That Council requests that the Chief Executive Officer write to the Department of Planning, Lands and Heritage requesting the creation of a reserve over Unallocated Crown Land, being Lot 544 on Deposited Plan 73704, for the purpose of ‘storage and treatment of liquid waste’ with Management Orders in favour of the Shire of Broome.

CARRIED 8/1

 

Attachments

1.

Lot 544 Crab Creek Road

  


Item 9.2.4 - CREATION OF RESERVE FOR STORAGE AND TREATMENT OF LIQUID WASTE – LOT 544 CRAB CREEK ROAD

 

 

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MinutesOrdinary Meeting of Council 31 May 2018                                                                                  Page 164 of 875

 

 

9.2.5      MOLLIE BEAN - REQUEST FOR EXTENSION OF TRADING LICENCE

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Blake Kimberley and Roseanne Jane Cousins

FILE:                                                           HEA 001

AUTHOR:                                                   Environmental Health Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    7 May 2018

 

SUMMARY:         Mollie Bean has been trading since 2009 outside the Broome Cemetery Monday – Friday from 6am-5pm. The proprietors Blake Kimberley and Roseanne Jane Cousins have recently submitted a request to extend their trading hours to 5am-5pm, 7 days a week.  The purpose of this report is for Council to consider this request to extend Mollie Bean’s approved trading hours.

 

BACKGROUND

 

Previous Considerations

 

OMC 10 June 2010                        Item 9.3.11

OMC 17 February 2011                Item 9.3.5

 

Mollie Bean Coffee has been trading since August 2009 outside the Broome Cemetery Monday – Friday. Mollie Bean Coffee currently has a licence to trade in a public place (Trading Licence) under the Shire’s Trading, Outdoor Dining and Street Entertainment Local Law 2016 (Local Law) for the Broome Cemetery, St Mary’s School-Administration Area, Turf Club, Speedway, Town Beach Markets and BRAC – Auskick (see Trading Licence in Attachment 1). The proprietors of Mollie Bean Coffee have submitted a request to extend the hours of operation approved in their Trading Licence from Monday to Friday, 6am to 5pm to 5am-5pm, 7 days a week.

 

Broome Cemetery is located on Reserve 1647 which is for the purpose of ‘cemetery’ with management orders issued to the Shire. The application was previously considered by Council due to the sensitive nature of the location. Initial concerns were raised around the land use and appropriateness of trading at the location. Ultimately, Council resolved to approve the issue of the trading licence to Mollie Bean at this location, subject to conditions. One of these conditions states that trading cannot occur in front of the Chinese section of the Cemetery.

 

A second trading licence has been issued to Oma’s Catering “Benz Ice Cream” for the Cemetery location for Saturday and Sunday 8am-6pm selling ice creams, smoothies, packaged savouries, water and soft drinks. Oma’s Catering is also permitted to trade from Haynes Oval and the Turf Club within those hours.

 

COMMENT

 

Approving the request from Mollie Bean to extend their trading hours to Saturday and Sunday gives rise to the potential for 2 traders to operate simultaneously at the same location on those days. The restriction on trading in front of the Chinese section of the Cemetery limits the available space for trading to occur and also takes up additional car parking that should be available for members of the public.

 

The Shire’s Policy 3.3.6 - Trading in Public Places (Policy) states that:

 

·     The location of a proposed trading activity must be suitable for the trading activity (clause 3.2); and

·     Trading must not have an unreasonable impact on other traders, permanent businesses, traffic flow, pedestrians or the public’s use of a public place (clause 3.3).

 

It is arguable that by allowing this extension of time and creating a situation where there is more than one trader at the Cemetery at any one time, that there may be an unreasonable impact on traffic flow and the public’s use of the public place. It is also questionable whether it is suitable to have 2 traders operating from the Cemetery reserve at any one time.

 

Therefore, it is recommended that this extension of time is approved subject to a condition that Mollie Bean cannot operate at the Broome Cemetery when the Benz Ice Cream van is trading at that location.

 

It is noted that the extension of time will apply to all the approved locations listed in the Trading Licence, namely Broome Cemetery, St Mary’s School – Administration Area, Turf Club, Speedway, Town Beach (market events) and BRAC – Auskick. At some of these locations, in particular BRAC for Auskick on a Saturday morning, Mollie Bean are already operating on a Saturday which is outside the hours specified in their Trading Licence in any event. Therefore, officers have no concerns with the increased hours applying to all of the listed trading locations. Specific approval to operate from the Turf Club, Speedway and St Mary’s will need to be obtained from the relevant land managers/lessees, and a condition should be imposed on the Trading Licence accordingly.

 

CONSULTATION

 

The proprietors of Mollie Bean were consulted in the preparation of this report.

 

STATUTORY ENVIRONMENT

 

Trading, Outdoor Dining and Street Entertainment Local Law 2016

 

5.4     Licence application

5.4.1  An applicant for a trading licence must comply with subclause 2.2.2.

 

5.4.2  An application for a trading licence must be forwarded to the local government together with—

(a)  details of the number of persons to be employed or engaged in the trading at any one time;

(b)  a plan of the proposed location or, where the trading will not be conducted from a fixed location, a description of the route or areas from which the applicant proposes to trade;

(c)  details of the days and hours of operation;

(d)  details of the proposed goods or services to be traded under the trading licence;

(e)  if any stall will be used for trading, a detailed and accurate plan and description, including dimensions, of the stall; and

(f)   where the applicant is a corporation, the name and address of the person responsible for complying with any terms and conditions of the licence.

 

5.5     Trading licence

          A trading licence granted by the local government will—

          (a)     include a licence number;

          (b)     include the location, days and hours of operation and approved trading area;

          (c)     detail the goods or services which can be traded under the trading licence;

          (d)     specify the number of persons that may carry on trading at any time under the trading licence; and

          (e)     detail any other terms and conditions imposed on the licence.

 

5.6     Term and validity of licence

          5.6.1  A trading licence remains valid until—

                   (a)    the expiry date stated in the licence is reached;

                   (b)    variations are made to the trading area or activities, including an increase, reduction or change in the approved trading area, unless the variations are made by the local government in accordance with subclause 2.4.4;

                   (c)    any public liability insurance policy required as a condition of the licence lapses, is cancelled or is no longer in operation; or

                   (d)    the licence is cancelled by the local government.

 

          5.6.2  If any of the events specified in subclause 5.6.1 occur, then a new application for a trading licence must be made and a new trading licence issued before any trading can be carried out.

 

5.7     Responsibilities of licensee

          5.7.1  The licensee must—

                   (a)    comply with the conditions of the trading licence;

                   (b)    where a stall is being used for trading:

                            (i)      display a sign indicating the name of the licensee and the licence number, with letters and numerals not less than 5 centimetres in height in a conspicuous place in the approved trading area;

                            (ii)      ensure that the approved trading area is attended either by the licensee or a person employed or engaged in the trading activity at all times when trading is being undertaken;

                            (iii)     keep the stall in a clean and safe condition and in good repair;

                            (iv)    keep the approved trading area free from refuse and rubbish;

                            (v)     remove any stall, goods, equipment and signs from the approved trading area and leave that location clean and vacant -

                                      A.      at the conclusion of the permitted hours of operation specified in the trading licence; and

                                      B.      whenever trading is not taking place; and

                   (c)    have the trading licence available at all times trading is being undertaken, for inspection at the request of any authorised person.

 

          5.7.2  The licensee must not—

                   (a)    permit any trading activity to extend beyond the approved trading area;

                   (b)    engage in or permit any trading in any goods or services other than those specified in the trading licence;

                   (c)    cause, permit or suffer any nuisance to exist, arise or continue on or from the approved trading area;

                   (d)    deposit, place or store any goods on any public place, other than within the trading area;

                   (e)    obstruct the free passage of pedestrians on any footpath or pedestrian accessway;

                   (f)      use or display or permit to be used or displayed any advertisement, placard, poster, streamer, sign or signboard on or about the approved trading area exceeding a total area of 0.5 square metres;

                   (g)    erect and maintain any signs in accordance with sub-clause (f) so as to obscure any other signage on or adjacent to the approved trading area;

                   (h)     cry out or shout about, or permit any other person to cry out or shout about, any goods or services in any public place or from the trading area, to the detriment of or causing a nuisance to nearby traders or persons undertaking commercial activities; or

                   (i)      use or permit to be used—

A.    any loud hailer, microphone, amplifier or other apparatus for making or transmitting sound, on or from the approved trading area, unless approved by the local government;

B.    any record, tape, radio, bell, musical instrument or other instrument or device capable of being heard beyond the boundaries of the approved trading area unless approved by the local government;

       C.   any flashing or intermittent lighting apparatus or device on or from the approved trading area; or

       D.    an apparatus or device including a flap or shelf whereby the dimensions of the stall are increased beyond the dimensions specified in the trading licence.

 

POLICY IMPLICATIONS

 

The Trading Policy states that:

 

·     The location of a proposed trading activity must be suitable for the trading activity (clause 3.2); and

·     Trading must not have an unreasonable impact on other traders, permanent businesses, traffic flow, pedestrians or the public’s use of a public place (clause 3.3).

 

It is arguable that allowing Mollie Bean to trade while another trader is present at the Cemetery would be inconsistent with these clauses of the Trading Policy.

 

FINANCIAL IMPLICATIONS

 

Nil.

 

RISK

 

There is a risk if the Shire were to refuse the application that the decision may be challenged in the State Administrative Tribunal. The risk of this occurring should the Shire refuse the application, given the approval can be conditioned so that it complies with the Trading Local Law and is consistent with the Trading Policy, is considered Moderate.

 

The extension of approved hours could be seen as dominating the frontage of the Cemetery, especially with the second trading licence approved on Saturday and Sunday. Given the sensitive nature of the land use, this could be regarded as inappropriate and pose a reputational risk to the Shire if the application is approved without the condition preventing both traders operating at the same time.

 

STRATEGIC IMPLICATIONS  

 

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

 

Accessible and safe community spaces

 

A healthy and safe environment

 

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

 

A preserved, historical and cultural heritage of Broome

 

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

 

An organisational culture that strives for service excellence

 

Sustainable and integrated strategic and operational plans

 

Responsible resource allocation

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                               Seconded: Cr C Marriott

 

That Council approves the application to vary Trading Licence 003/2017-2018 issued to Blake Kimberley and Roseanne Jane Cousins for Mollie Bean Coffee to extend the approved hours of operation as follows:

 

1.       The new approved hours of operation are 5am-5pm, 7 days a week.

 

2.       The following additional conditions are included in the Trading Licence:

 

a)      The Licensee must not trade from the Broome Cemetery at the same time as the Benz Ice Cream van.

 

b)      Approval must be obtained from the land manager/lessees to trade from St Mary’s School, the Turf Club and the Speedway.

CARRIED UNANIMOUSLY 9/0

 

Attachments

1.

Mollie Bean Trading Licence

  


Item 9.2.5 - MOLLIE BEAN - REQUEST FOR EXTENSION OF TRADING LICENCE

 

 

PDF Creator


 

PDF Creator


MinutesOrdinary Meeting of Council 31 May 2018                                                                                  Page 172 of 875

 

 

With regard to Item 9.2.6, Cr P Matsumoto declared the following impartiality interest pursuant to Regulation 11 of the Local Government (Rules of Conduct) Regulations 2007 – “A director of the Yawuru PBC Board and member of Native Title”

With regard to Item 9.2.6, Cr E Foy declared the following impartiality interest pursuant to Regulation 11 of the Local Government (Rules of Conduct) Regulations 2007 – “T.O. of Broome Walman Clan group. Member Yawuru language group”.

9.2.6      SUBMISSION FOR ABORIGINAL HERITAGE ACT 1972 REVIEW

LOCATION/ADDRESS:                             NA

APPLICANT:                                              NA

FILE:                                                           ACT02

AUTHOR:                                                   Land Tenure Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Manager Planning & Building Services

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    14 May 2018

 

SUMMARY:         In March 2018, the Minister for Aboriginal Affairs announced a review of the Aboriginal Heritage Act 1972.  The Department of Planning, Lands and Heritage have released a Consultation Paper, marking the commencement of a three-phase public consultation process, with community meetings and stakeholder workshops held across regional WA and in Perth throughout May 2018.

The purpose of this report is for Council to endorse a submission on the review of the Aboriginal Heritage Act 1972.

 

BACKGROUND

 

Previous Considerations

 

Nil.

 

The Aboriginal Heritage Act 1972 (AHA) has been in operation, with little change for 45 years.  Numerous reviews have highlighted the need for legislative change to the AHA. Despite this, the AHA has only been amended twice since commencement.

 

The first amendment in 1980 included the addition of the terms ‘importance’ and ‘significance’ in section 5.  The purpose of this addition was to ‘tighten’ the definition of an Aboriginal site and ensure that only places ‘worthy of preservation’ are subject to protection of the AHA.

 

The second amendment in 1995 transferred responsibilities for the administration of the AHA from the Trustees of the WA Museum to the Minister and then the Aboriginal Affairs Department.

 

In March 2018, the Minister for Aboriginal Affairs announced a review of the AHA.  The Department of Planning, Lands and Heritage have released a Consultation Paper, marking the commencement of a three-phase public consultation process, with community meetings and stakeholder workshops held across regional WA and in Perth throughout May 2018.

 

A stakeholder workshop was held in Broome on 10 May 2018, which Shire officers attended.

 

The review of the AHA is proposed to be undertaken in five stages:

 

1.   Public consultation:

a.   Release of consultation paper;

b.   Meetings with stakeholders; and

c.   Feedback analysed.

2.   Public consultation:

a.   Release of discussion paper;

b.   Meetings held with stakeholders; and

c.   Feedback analysed.

3.   Green Bill drafted – considered by Cabinet.

4.   Public consultation:

a.   Release of endorsed Green Bill;

b.   Meetings with stakeholders; and

c.   Feedback analysed.

5.   Final draft Bill introduced to Parliament (2020).

 

Phase 1 consultation has commenced and submissions must be received by 1 June 2018.

 

COMMENT

 

Shire officers attended the stakeholder workshop on 10 May 2018.  The workshop was attended by approximately 10 stakeholders, including 2 Shire officers.  The workshop was informal and aimed to promote free discussion.  Rather than addressing all points in the Consultation Paper, 5 broad topics were discussed:

 

1.   What should be protected (section 5 places and objects);

2.   Who should be consulted:

a.   Application for registration of Aboriginal place or object; and

b.   Section 18 – consent to use land.

3.   Roles and responsibilities (the Minister, the Aboriginal Cultural Material Committee (ACMC) and the Registrar);

4.   Section 18 process; and

5.   Compliance and enforcement.

 

Submission

 

Taking into account the Consultation Paper and the discussion at the stakeholder workshop, officers have prepared a proposed submission on the review of the AHA (see Attachment 1). The submission prepared by Shire officers focuses on streamlining process, reducing red tape, providing clarity and transparency of decision making and compliance with the AHA.

 

The submission raises the issue of native title verse heritage and the complexities faced by a proponent regarding which party is authorised to ‘speak for country’ and consulted. The submission also addresses the importance of the Aboriginal Heritage Register being accurate and up-to-date.

 

The AHA is a very important piece of legislation and it is important the Shire have input into the review.  Therefore, it is recommended that Council endorse the submission in Attachment 1.

 

CONSULTATION

 

Nil.

 

STATUTORY ENVIRONMENT

 

Aboriginal Heritage Act 1972

 

Section 5 Application to place

This Act applies to —

(a)           any place of importance and significance where persons of Aboriginal descent have, or appear to have, left any object, natural or artificial, used for, or made or adapted for use for, any purpose connected with the traditional cultural life of the Aboriginal people, past or present;

(b)           any sacred, ritual or ceremonial site, which is of importance and special significance to persons of Aboriginal descent;

(c)           any place which, in the opinion of the Committee, is or was associated with the Aboriginal people and which is of historical, anthropological, archaeological or ethnographical interest and should be preserved because of its importance and significance to the cultural heritage of the State;

(d)           any place where objects to which this Act applies are traditionally stored, or to which, under the provisions of this Act, such objects have been taken or removed.

[Section 5 inserted by No. 8 of 1980 s. 2; amended by No. 24 of 1995 s. 6.]

 

Section 16 Excavation of Aboriginal sites

(1)  Subject to section 18, the right to excavate or to remove any thing from an Aboriginal site is reserved to the Registrar.

(2)  The Registrar, on the advice of the Committee, may authorise the entry upon and excavation of an Aboriginal site and the examination or removal of any thing on or under the site in such manner and subject to such conditions as the Committee may advise.

[Section 16 amended by No. 8 of 1980 s. 5; No. 24 of 1995 s. 17.]

 

Section 17 Offences relating to Aboriginal sites

A person who —

(a)           excavates, destroys, damages, conceals or in any way alters any Aboriginal site; or

(b)           in any way alters, damages, removes, destroys, conceals, or who deals with in a manner not sanctioned by relevant custom, or assumes the possession, custody or control of, any object on or under an Aboriginal site, commits an offence unless he is acting with the authorisation of the Registrar under section 16 or the consent of the Minister under section 18.

[Section 17 inserted by No. 8 of 1980 s. 6; amended by No. 24 of 1995 s. 18.]

 

Section 18 Consent to certain uses

(1)  For the purposes of this section, the expression “the owner of any land” includes a lessee from the Crown, and the holder of any mining tenement or mining privilege, or of any right or privilege under the Petroleum Act 1967, in relation to the land.

(1a) A person is also included as an owner of land for the purposes of this section if —

(a)           the person —

(i).  is the holder of rights conferred under section 34 of the Dampier to Bunbury Pipeline Act 1997 in respect of the land or is the holder’s nominee approved under section 34(3) of that Act; or

(ii). has authority under section 7 of the Petroleum Pipelines Act 1969 to enter upon the land;

or

(b)           the person is the holder of a distribution licence under Part 2A of the Energy Coordination Act 1994 as a result of which the person has rights or powers in respect of the land.

(2)  Where the owner of any land gives to the Committee notice in writing that he requires to use the land for a purpose which, unless the Minister gives his consent under this section, would be likely to result in a breach of section 17 in respect of any Aboriginal site that might be on the land, the Committee shall, as soon as it is reasonably able, form an opinion as to whether there is any Aboriginal site on the land, evaluate the importance and significance of any such site, and submit the notice to the Minister together with its recommendation in writing as to whether or not the Minister should consent to the use of the land for that purpose, and, where applicable, the extent to which and the conditions upon which his consent should be given.

(3)  Where the Committee submits a notice to the Minister under subsection (2) he shall consider its recommendation and having regard to the general interest of the community shall either —

(a)           consent to the use of the land the subject of the notice, or a specified part of the land, for the purpose required, subject to such conditions, if any, as he may specify; or

(b)           wholly decline to consent to the use of the land the subject of the notice for the purpose required, and shall forthwith inform the owner in writing of his decision.

(4)  Where the owner of any land has given to the Committee notice pursuant to subsection (2) and the Committee has not submitted it with its recommendation to the Minister in accordance with that subsection the Minister may require the Committee to do so within a specified time, or may require the Committee to take such other action as the Minister considers necessary in order to expedite the matter, and the Committee shall comply with any such requirement.

(5)  Where the owner of any land is aggrieved by a decision of the Minister made under subsection (3) he may apply to the State Administrative Tribunal for a review of the decision.

[(6) repealed]

(7)  Where the owner of any land gives notice to the Committee under subsection (2), the Committee may, if it is satisfied that it is practicable to do so, direct the removal of any object to which this Act applies from the land to a place of safe custody.

(8)  Where consent has been given under this section to a person to use any land for a particular purpose nothing done by or on behalf of that person pursuant to, and in accordance with any conditions attached to, the consent constitutes an offence against this Act.

[Section 18 inserted by No. 8 of 1980 s. 6; amended by No. 24 of 1995 s. 19 2 ; No. 58 of 1999 s. 39; No. 55 of 2004 s. 5.]

 

POLICY IMPLICATIONS

 

1.2.6 Consultation – Aboriginal Heritage

 

FINANCIAL IMPLICATIONS

 

There are no costs associated with making a submission.

 

RISK

 

No foreseen risks are associated with lodging a submission.  Instead, this is considered an opportunity to include changes to the AHA that would benefit the Shire.

 

STRATEGIC IMPLICATIONS 

 

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

 

Effective communication

 

Affordable services and initiatives to satisfy community need

 

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

 

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

 

A preserved, historical and cultural heritage of Broome

 

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:

 

Effective community engagement

 

Improved systems, processes and compliance

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                               Seconded: Cr W Fryer

That Council:

1.       Endorses the submission on the review of the Aboriginal Heritage Act 1972 as shown in Attachment 1; and

2.       Requests that the Chief Executive Officer forward the submission to the Department of Planning, Lands and Heritage.

CARRIED UNANIMOUSLY 9/0

 

Attachments

1.

Submission - Review of the AHA

  


Item 9.2.6 - SUBMISSION FOR ABORIGINAL HERITAGE ACT 1972 REVIEW

 

 

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MinutesOrdinary Meeting of Council 31 May 2018                                                                                  Page 180 of 875

 

 

9.2.7      RESERVE 29093 – BARKER STREET OFFICE

LOCATION/ADDRESS:                             Lot 135 Barker Street

APPLICANT:                                              NA

FILE:                                                           RES 29093

AUTHOR:                                                   Land Tenure Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    14 May 2018

 

SUMMARY:         This report recommends that Council writes to the Department of Planning, Lands and Heritage seeking Management Orders for Reserve 29093 in the favour of the Shire of Broome for the purpose of ‘office site’ with Power to Lease.

 

BACKGROUND

 

Previous Considerations

 

Nil.

 

Reserve 29093, Lot 135 Barker Street (see Attachment 1) is vested with the Shire of Broome for the purpose of ‘municipal office site’, with Power to Lease (or sublease or licence) for the designated purpose for the whole or any portion thereof for any term not exceeding 21 years from the date of the lease, subject to approval in writing from the Minister of Lands being first obtained to each and every lease or assignment of lease, pursuant also to the provisions of section 19 of the Land Administration Act 1997.

 

Until recently Reserve 29093 was occupied by staff from the Shire’s Infrastructure Directorate.  Towards the end of 2017, the Infrastructure Directorate staff at the Barker Street office relocated to the Shire’s Administration Office, leaving the Barker Street office vacant.

 

Reserve 29093 is zoned ‘Public Purposes’ reserve with the notation ‘CC’ (Civic and Cultural) under the Shire of Broome Local Planning Scheme No.6 (LPS6).

 

COMMENT

 

There is the opportunity for the Shire to lease the Barker Street offices to a third party given it is now vacant. Any proposed use is to have regard to the intended purpose of the reserve and ‘matters to be considered’ as identified in Regulation 67 of the Planning and Development (Local Planning Schemes) Regulations 2015. The current purpose of the Reserve, namely ‘municipal office site’, limits potential lessees for the site. Amending the purpose of the site to ‘office site’ would considerably expand the potential to lease the site to third parties.

 

To have Management Orders amended for Reserve 29093, the Shire must write to the Department of Planning, Lands and Heritage (DPLH) requesting the Minister for Lands amend the Management Orders to ‘office site’ by deleting ‘municipal’. The Power to Lease would be consistent with the amended purpose ‘office site’.

 

It is therefore recommended that Council writes to the DPLH requesting that the Minister for Lands issue Management Orders for Reserve 29093 in the favour of the Shire of Broome for the purpose of ‘office site’ with Power to Lease.

 

CONSULTATION

 

The Department of Planning, Lands and Heritage

 

STATUTORY ENVIRONMENT

 

Land Administration Act 1997 (WA)

Section 46.  Care, control and management of reserves

 

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

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

(3)        The Minister may —

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

(b)  approve a mortgage of any such lease.

(3a)     The Minister may by order —

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) a lease granted under section 47; or

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

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

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

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

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

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

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

(a) a person having perpetual succession;

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

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

[(ii) deleted]

(iii)       a person holding a prescribed office.

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

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

 

POLICY IMPLICATIONS

 

Nil.

 

FINANCIAL IMPLICATIONS

 

There will be no direct additional costs to the Shire associated with accepting the Management Order for Reserve 29093 with the amended purpose of ‘office site’. 

 

RISK

 

Nil.

 

STRATEGIC IMPLICATIONS  

 

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

 

Affordable services and initiatives to satisfy community need

 

A healthy and safe environment

 

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

 

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

 

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

 

Affordable and equitable services and infrastructure

 

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 M Fairborn                                              Seconded: Cr C Marriott

That Council requests that the Chief Executive Officer advise the Department of Planning, Lands and Heritage that it requests Management Orders in favour of the Shire of Broome for Reserve 29093 for the purpose of ‘office site’ with Power to Lease.

CARRIED UNANIMOUSLY 9/0

 

Attachments

1.

Reserve 29093

  


Item 9.2.7 - RESERVE 29093 – BARKER STREET OFFICE

 

 

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MinutesOrdinary Meeting of Council 31 May 2018                                                                                  Page 188 of 875

 

 

9.2.8      SHIRE OF BROOME LOCAL GOVERNMENT PROPERTY AND PUBLIC PLACES AMENDMENT LOCAL LAW 2017

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           BYL11

AUTHOR:                                                   Director Development and Community

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    21 May 2018

 

SUMMARY:         The Joint Standing Committee on Delegated Legislation (Committee) has identified drafting issues in relation to the Local Government Property and Public Places Amendment Local Law 2017 (Amendment Local Law). To rectify the issues identified with the Amendment Local Law, the Committee has requested the Shire of Broome resolve to undertake to amend the existing Local Government Property and Public Places Local Law 2016. It is proposed that these changes be implemented through the Shire of Broome Local Government Property and Public Places Amendment Local Law 2018.

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

 

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

OMC 22 February 2018                     Item 9.2.5

 

At the 28 September 2017 Ordinary Meeting of Council (OMC) Council resolved to begin the process to make the Amendment Local Law. The purpose of the Amendment Local Law was to make the following amendments to the Local Government Property and Public Places Local Law 2016 (existing Local Law):

 

·    amending the area of application of the existing local law by amending the definitions that apply, particularly with regards to the definition of “public place”;

·    clarifying which activities of the local government apply to local government property and which apply to public places;

·    to apply minor amendments to the provisions regarding permissible verge treatments; and

·    changing the provision regarding consumption of alcohol in a public place so that an application under the existing Local Law only requires a licence under the Liquor Control Act 1988, if the Liquor Control Act 1988 requires one to be obtained.

 

Following public consultation on the proposed changes and forwarding of the Amendment Local Law to the Minister for Local Government, on 22 February 2018 Council resolved to make the Local Law subject to some minor changes recommended by the Department of Local Government, Sport and Cultural Industries (DLGSC). In accordance with Council’s resolution, the Amendment Local Law was then published in the Government Gazette and documentation supporting the Amendment Local Law was forwarded to the Committee.  The Amendment Local Law was then considered by the Committee at its meeting on 16 May 2018.

 

The Shire of Broome subsequently received correspondence from the Committee in relation to the Amendment Local Law (see confidential Attachment 1). The Committee has concerns in relation to the wording of certain clauses contained within the Amendment Local Law. As a result, the Committee has sought an undertaking from Council that changes would be made to affected clauses and that some clauses would not be enforced until these changes have been made.

 

COMMENT

 

The Committee is requiring that changes be made to amendments introduced to the existing Local Law through the Amendment Local Law.  It is therefore recommended that a new Local Government Property and Public Places Amendment Local Law 2018 be made by Council that will include all changes required by the Committee.

 

A copy of the proposed Shire of Broome Local Government Property and Public Places Amendment Local Law 2018 (new Local Law) is shown as Attachment 2. A copy of the existing Local Law with the amendments from the new Local Law included as tracked changes is shown as Attachment 3.

 

Purpose and effect of the new Local Law

 

Purpose:

 

The purpose of the Local Government Property and Public Places Amendment Local Law 2018 is to:

·     to ensure the Local Government Property and Public Places Local Law 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.

 

Undertaking requested by Committee

 

In its letter dated 17 May 2018, the Committee requested the Shire provide an undertaking to resolve the issues raised within the letter regarding the Amendment Local Law. The Committee requested that Council resolve to give this undertaking at the next available OMC (May 2018) and the undertaking subsequently be provided to the Committee by 8 June 2018.

 

The undertaking is requested to include:

 

1.       That the Shire will, within 6 months, amend the existing Local Law to:

 

(a)  Amend the definition of 'local government property' in clause 1.5 to read:

 

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 the management body under the Land Administration Act 1997;

but does not include a thoroughfare.

 

(b)  Amend clause 5.1 to replace '3.2' with '3.5'.

 

(c) Amend clause 8.3(c)(ii) to clarify the requirements for crushed rock or gravel by either restoring it to its original version prior to the Amendment Local Law or correcting the typographical errors.

 

(d) Make all necessary consequential amendments.

 

2.       Until the existing Local Law is amended in accordance with undertaking 1:

 

(a)     Not enforce the Local Law in a manner contrary to undertaking 1.

 

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

 

It is requested that the undertakings should be provided to the Committee in a letter signed by the Shire President and not the Chief Executive Officer or other officer of the Shire. This is because, pursuant to section 2.8(1)(d) of the Local Government Act 1995, the “Mayor or President speaks on behalf of the local government” to the Parliament of Western Australia. 

 

Summary

 

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

 

CONSULTATION

 

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

 

STATUTORY ENVIRONMENT

 

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

 

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

 

3.12.  Procedure for making local laws

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

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

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

      (3)     The local government is to — 

                 (a)     give Statewide public notice stating that — 

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

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

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

                           and

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

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

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

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

          * Absolute majority required.

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

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

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

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

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

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

      (8)     In this section —

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

 

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

 

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

 

POLICY IMPLICATIONS

 

Nil.

 

FINANCIAL IMPLICATIONS

 

In accordance with section 3.12 of the Local Government Act 1995, if Council resolves to make the new Local Law, it will be necessary to advertise in a newspaper in accordance with the Local Government Act 1995 and publish the text in the Government Gazette. The current charge is $101.45 per page. The draft amended local law is 2 pages long. This equates to a gazettal fee of approximately $202.90.

 

Advertising in newspapers is at a cost of approximately $300. Three advertisements are required at a total cost of $900. The combined total cost of advertising and gazetting is $1102.90 however this may vary slightly due to changes in charges and fees beyond the Shire’s control.

 

RISK

 

If the existing Local Law is not amended, Shire Officers will continue to be at risk of not being able to adequately enforce the provisions of the Local Law. The risk of this occurring if the amendment is not undertaken is considered Low, however the amendments are necessary to ensure the existing Local Law operates as intended.

 

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

 

Should Council resolve not to provide the undertakings to the Committee, the Amendment Local Law may be disallowed by the Committee.

 

STRATEGIC IMPLICATIONS   

 

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

 

Accessible and safe community spaces

 

A healthy and safe environment

 

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

 

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

 

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

 

Improved systems, processes and compliance

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr D Male                                                    Seconded: Cr C Mitchell

 

That Council:  

 

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

 

(a)    Within 6 months, amend the Shire of Broome Local Government Property and Public Places Local Law 2016 to:

 

(i)   Amend the definition of ‘local government property’ in clause 1.5 to read:

 

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 the management body under the Land Administration Act 1997;

but does not include a thoroughfare.

 

(ii)  Amend clause 5.1 to replace ‘3.2’ with ‘3.5’.

 

(iii) Amend clause 8.3(c)(ii) to clarify the requirements for crushed rock or gravel by either restoring it to its original version prior to the Amendment Local Law or correcting the typographical errors.

 

(iv) Make all necessary consequential amendments.

 

(b)    Until the Shire of Broome Local Government Property and Public Places Local Law 2016 is amended in accordance with undertaking (a):

 

(i)   Not enforce the Local Law in manner contrary to undertaking (a).

 

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

 

2.       Proposes to make the Shire of Broome Local Government Property and Public Places Amendment Local Law 2018 as shown in Attachment 2.

 

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

 

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

CARRIED UNANIMOUSLY 9/0

 

Attachments

1.

Letter from Joint Standing Committee on Delegated Legislation (Confidential to Councillors and Directors Only)

This attachment is confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)(h) as it contains “such other matters as may be prescribed”.

2.

Proposed Local Government Property and Public Places Amendment Local Law 2018

3.

Local Government Property and Public Places Local Law 2016 - with amendments shown as tracked changes

  


Item 9.2.8 - SHIRE OF BROOME LOCAL GOVERNMENT PROPERTY AND PUBLIC PLACES AMENDMENT LOCAL LAW 2017

 

 

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MinutesOrdinary Meeting of Council 31 May 2018                                                                                  Page 235 of 875

 

 

9.2.9      SHIRE OF BROOME TRADING, OUTDOOR DINING AND STREET ENTERTAINMENT AMENDMENT LOCAL LAW 2017

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           BYL12

AUTHOR:                                                   Director Development and Community

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    21 May 2018

 

SUMMARY:         The Joint Standing Committee on Delegated Legislation (Committee) has identified a drafting issue in relation to the Trading, Outdoor Dining and Street Entertainment Amendment Local Law 2017 (Amendment Local Law). To rectify this issue, the Committee has requested the Shire of Broome resolve to undertake to amend the existing Trading, Outdoor Dining and Street Entertainment Local Law 2016 to incorporate the change. It is proposed that this be implemented through the Shire of Broome Trading, Outdoor Dining and Street Entertainment Amendment Local Law 2018.

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

 

BACKGROUND

 

Previous Considerations

 

OMC 14 October 2003                     Item 9.1.9

OMC 20 January 2004                       Item 9.1.8

OMC 29 September 2011                 Item 9.1.4

OMC 14 June 2012                            Item 9.4.10

OMC 30 June 2016                            Item 9.2.4

OMC 15 December 2016                 Item 9.2.3

OMC 28 September 2017                 Item 9.2.8

OMC 22 February 2018                     Item 9.2.6

 

At the 28 September 2017 Ordinary Meeting of Council (OMC) Council resolved to begin the process to make the Amendment Local Law. The purpose of the Amendment Local Law was to make amendments to the Trading, Outdoor Dining and Street Entertainment Local Law 2016 (existing Local Law) to change the definitions of “local government property” and “public place” to provide certainty as to the application of the existing local law, consistent with the expectations of the community.

 

Following public consultation on the proposed changes and forwarding of the Amendment Local Law to the Minister for Local Government, on 22 February 2018 Council resolved to make the Local Law subject to some minor changes recommended by the Department of Local Government, Sport and Cultural Industries (DLGSC). In accordance with Council’s resolution, the Amendment Local Law was then published in the Government Gazette and documentation supporting the Amendment Local Law was forwarded to the Committee.  The Amendment Local Law was then considered by the Committee at its meeting on 16 May 2018.

 

The Shire of Broome subsequently received correspondence from the Committee in relation to the Amendment Local Law, raising concerns in relation to the wording of a definition within the Amendment Local Law (see confidential Attachment 1). As a result, the Committee has sought an undertaking from Council that this definition will be changed and that the existing Local Law will not be enforced contrary to this change until the change has been made.

 

COMMENT

 

The Committee is requiring that a change be made to an amendment introduced to the existing Local Law through the Amendment Local Law.  It is therefore recommended that a new Trading, Outdoor Dining and Street Entertainment Amendment Local Law 2018 be made by Council that will include this change required by the Committee.

 

A copy of the proposed Shire of Broome Trading, Outdoor Dining and Street Entertainment Amendment Local Law 2018 (new Local Law) is shown as Attachment 2. A copy the existing Local Law with the amendments from the new Local Law included as tracked changes is shown as Attachment 3.

 

Purpose and effect of the new Local Law

 

Purpose:

 

The purpose of the Trading, Outdoor Dining and Street Entertainment Amendment Local Law 2018 is to ensure the Trading, Outdoor Dining and Street Entertainment Local Law 2016 is effective in regulating trading, outdoor dining and street entertainment in the Shire and that the area of application is clarified.

 

Effect:

 

Removes ambiguity in relation to the application of the Trading, Outdoor Dining and Street Entertainment Local Law 2016.

 

Undertaking requested by Committee

 

In its letter dated 17 May 2018, the Committee requested the Shire provide an undertaking to resolve the issues raised within the letter regarding the Amendment Local Law. The Committee requested that Council resolve to give this undertaking at the next available OMC (May 2018) and the undertaking subsequently be provided to the Committee by 8 June 2018.

 

The undertaking is requested to include:

 

1.       That the Shire will, within 6 months, amend the existing Local Law to:

 

(a)  Amend the definition of 'local government property' in clause 1.6 to read:

 

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 the management body under the Land Administration Act 1997;

but does not include a thoroughfare.

 

(b)  Make all necessary consequential amendments.

 

2.       Until the existing Local Law is amended in accordance with undertaking 1:

 

(a)     Not enforce the existing Local Law in a manner contrary to undertaking 1.

 

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

 

It is requested that the undertakings should be provided to the Committee in a letter signed by the Shire President and not the Chief Executive Officer or other officer of the Shire. This is because, pursuant to section 2.8(1)(d) of the Local Government Act 1995, the “Mayor or President speaks on behalf of the local government” to the Parliament of Western Australia. 

 

Summary

 

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

 

CONSULTATION

 

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

 

STATUTORY ENVIRONMENT

 

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

 

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

 

3.12.  Procedure for making local laws

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

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

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

      (3)     The local government is to — 

                 (a)     give Statewide public notice stating that — 

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

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

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

                           and

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

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

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

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

          * Absolute majority required.

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

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

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

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

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

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

      (8)     In this section —

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

 

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

 

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

 

POLICY IMPLICATIONS

 

Nil.

 

FINANCIAL IMPLICATIONS

 

In accordance with section 3.12 of the Local Government Act 1995, if Council resolves to make the new Local Law, it will be necessary to advertise in a newspaper in accordance with the Local Government Act 1995 and publish the text in the Government Gazette. The current charge is $101.45 per page. The draft amended local law is 2 pages long. This equates to a gazettal fee of approximately $202.90.

 

Advertising in newspapers is at a cost of approximately $300. Three advertisements are required at a total cost of $900. The combined total cost of advertising and gazetting is $1102.90 however this may vary slightly due to changes in charges and fees beyond the Shire’s control.

 

RISK

 

If the existing Local Law is not amended, Shire Officers will continue to be at risk of not being able to adequately enforce the provisions of the Local Law. The risk of this occurring if the amendment is not undertaken is considered Low, however the amendments are necessary to ensure the existing Local Law operates as intended.

 

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

 

Should Council resolve not to provide the undertakings to the Committee, the Amendment Local Law may be disallowed by the Committee.

 

STRATEGIC IMPLICATIONS  

 

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

 

Accessible and safe community spaces

 

A healthy and safe environment

 

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

 

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

 

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

 

Improved systems, processes and compliance

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr W Fryer                                                    Seconded: Cr C Mitchell

 

That Council:  

 

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

 

(a)    Within 6 months, amend the Shire of Broome Trading, Outdoor Dining and Street Entertainment Local Law 2016 to:

 

(i)   Amend the definition of ‘local government property’ in clause 1.6 to read:

 

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 the management body under the Land Administration Act 1997;

but does not include a thoroughfare.

 

(ii)  Make all necessary consequential amendments.

 

(b)    Until the Shire of Broome Trading, Outdoor Dining and Street Entertainment Local Law 2016 is amended in accordance with undertaking (a):

 

(i)   Not enforce the Local Law in manner contrary to undertaking (a).

 

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

 

2.       Proposes to make the Shire of Broome Trading, Outdoor Dining and Street Entertainment Amendment Local Law 2018 as shown in Attachment 2.

 

3.       Advertises, in accordance with section 3.12(3) and (3a) of the Local Government Act 1995, the proposed Shire of Broome Trading, Outdoor Dining and Street Entertainment Amendment Local Law 2018 for a period of not less than 6 weeks.

 

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

CARRIED UNANIMOUSLY 9/0

 

Attachments

1.

Letter from Joint Standing Committee on Delegated Legislation (Confidential to Councillors and Directors Only)

This attachment is confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)(h) as it contains “such other matters as may be prescribed”.

2.

Proposed Trading, Outdoor Dining and Street Entertainment Amendment Local Law 2018

3.

Trading, Outdoor Dining and Street Entertainment Local Law 2016 - showing amendments as tracked changes

  


Item 9.2.9 - SHIRE OF BROOME TRADING, OUTDOOR DINING AND STREET ENTERTAINMENT AMENDMENT LOCAL LAW 2017

 

 

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9.3

 

Our Prosperity

 

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PRIORITY STATEMENT

 

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

 

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

 

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


MinutesOrdinary Meeting of Council 31 May 2018                                                                                  Page 273 of 875

 

 

9.3.1      OUTCOME OF PUBLIC CONSULTATION ON INTRODUCTION OF TRADING NODES THROUGH THE TRADING IN PUBLIC PLACES POLICY

LOCATION/ADDRESS:                             NIL

APPLICANT:                                              NIL

FILE:                                                           LAW016

AUTHOR:                                                   Director Development and Community

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      NIL

DATE OF REPORT:                                    11 May 2018

 

SUMMARY:         Amendments to the Shire’s Policy 3.3.6 Trading in Public Places (Policy) to facilitate the introduction of trading nodes was publicly advertised from 22 February 2018 to 23 March 2018 with 18 submissions received. Officers have considered the submissions and this report recommends that Council adopt the amended Policy subject to minor modifications.

 

BACKGROUND

 

Previous Considerations

 

OMC 28 July 2016                              Item 9.1.2

OMC 15 December 2016                 Item 9.3.2

OMC 14 December 2017                 Item 9.3.2

 

At the 14 December 2017 Ordinary Meeting of Council (OMC), Council endorsed the draft Policy for the purposes of seeking public comment for a period of 28 days, commencing in February.

 

The draft Policy contained amendments to designate Council endorsed nodes within which pop up traders and food vans could be established. Additional provisions were also included to support the introduction of the nodes, with the general provisions relating to trading activities continuing to apply to all trading activities (including those in a node).

 

A copy of the draft Policy as advertised with the proposed changes shown as tracked changes is shown in Attachment 1. The draft Policy as advertised with tracked changes accepted is shown in Attachment 2. The proposed amendments to the Policy were as follows:

·     A new definition for “node”.

·     Amend Clause 3.1 of the Policy so that a trading licence can be issued for a trading activity even if it is within 300 metres of a permanent business that it would be directly competing with where the activity occurs in a node identified in Schedule 5 of the Policy.

·     Include a new clause 17 stating that additional provisions that apply to trading activities undertaken in a node are outlined in Schedule 5 of the Policy.

·     Include a new Schedule 5 which identifies the trading nodes and includes the following additional provisions that apply to trading activities in nodes:

-     Up to 3 trading activities will be allowed to occur at any one time within a node, except Chinatown;

-     Trading licences will only be issued for trading activities in Chinatown following an expressions of interest (EOI) process;

-     Failure to undertake a trading activity in a node for 3 months is a ground upon which a trading licence may be cancelled;

-     Trading is limited to the locations or nodes specified in a trading licence;

-     Trading licences may specify certain days or hours within which a trading activity may operate within a node; and

-     The following additional criteria apply to the assessment of an application for a trading licences in a node:

The vehicle or structure used for the trading activity must be well presented and provide a high level of visual appeal;

The trading activity must not detract from the visual or general amenity of the surrounding area;

The trading activity will support the vibrancy and/or enhance the use of an area by persons working or visiting the node;

The trading activity will result in a diversity or enhancement of offerings/experienced available within the node.

·     A typing error in the definition of “Related Entity Interest” was corrected.

 

The proposed trading nodes identified in the draft Policy are:

 

·     Town Beach Reserve – Comprising the entire of Reserve 31340 from the edge of the Roebuck Bay Caravan Park through to the land adjacent to the Museum. Designation of this area as a node was considered appropriate for the following reasons:

-     it is consistent with the Town Beach masterplan;

-     there is already a trader that operates from the boat ramp car park; and

-     traders in this location could service locals and tourists.

 

Permanent business within 300 metres of this Reserve that may be affected in accordance with the Policy are the Town Beach Café, Satay Hut, Broome Pantry and Liquorland.

 

·     Broome Recreation and Aquatic Centre (BRAC) – The reserve upon which BRAC is located, including the proposed BRAC 1 Youth Precinct, was nominated as a node as it would allow pop up traders and food vans to provide services to users of the BRAC facility. 

 

There are already trading activities that operate from BRAC and the undertaking of trading activities in this area is consistent with the BRAC 1 Precinct Master Plan.  There are no permanent businesses within 300 metres of BRAC that would be affected in accordance with the Policy.

 

·     Cable Beach Foreshore and adjacent road reserve – Including the entire Cable Beach Foreshore Reserve (Reserve 36477) and the adjacent Cable Beach Road West Road Reserve. Designation of this area as a node was considered appropriate for the following reasons:

-     it is consistent with the Cable Beach Foreshore Master Plan;

-     it is consistent with and will assist in the activation of this public space; and

-     traders in this location could service both locals and tourists.

 

Permanent businesses within 300 metres of this Reserve that may be affected in accordance with the Policy are the Cable Beach Club and Zanders.

 

·     Tanami Park and adjacent road reserve – Comprising Tanami Park (Reserve 51243) in Broome North and the adjacent road reserve. Traders in this location are likely to be food vans or family focused activities providing a service for locals utilising the Park and the community garden on the opposite side of Magabala Road.

 

Trading activities have operated from Tanami Park in the past, as part of Broome North events held in the Park. The Park is a focal point for many Broome North residents and trading activities in this area would assist in the activation of this residential area. No permanent businesses are likely to be affected by traders in this node in accordance with the Policy.

 

·     Chinatown – This node would cover Chinatown, the entire town centre of Broome. The establishment of pop up traders and markets in this area has been discussed as a way to activate Chinatown, especially during special events such as cruise ship visits. Pop up traders have more recently been employed as part of the Chinatown late night trading trials.

 

What is proposed is that a series of pop up traders would be positioned around Chinatown, as an alternative to establishing a market which is likely to require the closing of a road. The selection of traders, nomination of when they would operate and appropriate locations around Chinatown would be determined through an EOI process.

 

There are many permanent businesses that may be affected in accordance with the Policy, but the potential benefits to these permanent businesses is considered to outweigh any negative impacts. 

 

The draft Policy was publicly advertised from 22 February 2018 to 23 March 2018.  During this time, a notice was published in the Broome Advertiser advising of the proposed amendments and inviting submissions. In addition, letters with a fact sheet on the proposed changes were forwarded to all permanent traders within 300 metres of a proposed node, along with all current trading licence holders. Officers advised the Broome Chamber of Commerce and Industry (BCCI) of the changes under consideration and provided information regarding the consultation that was occurring.

 

At the end of the consultation period, a total of 18 submissions were received. Details of these submissions are shown in the Schedule of Submissions in Attachment 3. An overview of these submissions is provided below.

 

COMMENT

 

As stated above, the draft Policy was advertised from 22 February 2018 to 23 March 2018, with 18 submissions received. The key themes from the submissions are:

1.    Proposed amendments supported, with some submitters expressing an interest in establishing a trading activity in a node.

2.    Proposed amendments are not supported, due to the potential impact on permanent businesses.

3.    Pop up traders and food vans in the nodes should be required to operate within certain parameters in the nodes.

4.    Pop up traders and food vans in the nodes should not be able to impact on an existing trading licence holder in a node.

5.    Council should defer making a decision on the amendments until further consultation is undertaken.

 

A summary of these themes and officers’ responses are outlined below.

 

1.    Proposed amendments supported

 

A number of submitters were in support of the proposed amendments to the Policy. Some of these submissions in support were from current trading licence holders who are interested in establishing in a node. Other submitters, including permanent businesses, saw the potential benefits arising from increased activity generated by pop up traders and food vans, particularly in Chinatown.

 

These submissions are noted, and no modifications to the proposed amendments are required in response.

 

2.    Proposed amendments not supported

 

A number of the submitters were opposed to pop up traders and food vans establishing in nodes.  A strong theme was the impact that this will have on permanent traders and their viability, particularly where pop up traders and food vans do not have to pay rates or rent.

 

The strongest opposition was from permanent food businesses who did not want food vans establishing nearby their businesses. However, some of these businesses were open to the idea of other forms of pop up trader being established.

 

The concerns raised by these submitters are noted. However, it is considered that pop up traders and food vans can be an important element of economic activity in a town. They can add diversity to the commercial offering in an area, create vibrancy and activate public places, be used to bring more people into an area and/or facilitate persons staying longer in an area. Generating greater economic activity in an area and bringing more vibrancy and things for people to do can benefit nearby permanent businesses.

 

To seek to ensure that the benefits from public trading are realised, while minimising detrimental impacts on nearby permanent businesses, safeguards have been included in the proposed new Schedule 5 of the Policy, as follows:

 

·     Limiting numbers of pop up traders/food vans to 3 traders at any one time, except in Chinatown.

·     Requiring an EOI process to be followed prior to any traders being approved in Chinatown, whereby Council will specifically decide who, where and when temporary traders can operate in Chinatown.

·     Allowing approvals for traders to be limited to certain hours/days.

·     Including criteria regarding visual amenity and objectives the temporary trader must be in a position to achieve for a trading licence to be issued.

·     Requiring temporary traders in a node to result in a diversity or enhancement of offerings/experience, as opposed to duplicating existing offerings.

 

One concern that was raised in a number of the submissions was that a permanent business or current trader could have a like temporary trader establish right beside them.  The criteria above require temporary traders in a node to result in a diversity or enhancement of offerings/experience.  Therefore, establishing a pop up trader offering the same goods or services as another business or trader right next door would not be in compliance with the proposed Policy provisions.

 

Many food businesses in Chinatown were very concerned that the introduction of trading nodes would result in Chinatown being flooded by food vans.  In nominating Chinatown as a node, the intention is (as stated in the proposed policy provisions) for an EOI process to be run by Council whereby traders will be carefully selected for particular locations and for particular times (eg. Cruise Ship days and late night trading). To give the submitters who raised these concerns greater certainty regarding this matter, it is recommended that Council request that the Chief Executive Officer prepare the documentation to commence this EOI process outlining when, where and what types of traders are sought, to be presented to Council for consideration prior to being released.

 

It is for these reasons that officers consider the proposed amendments to the Policy have merit, and do not recommend that there be any modifications to the proposed amendments in response to this issue.

 

3.    Parameters around the operation of pop up traders and food vans in the nodes

 

A number of submitters stated that there should be restrictions on how pop up traders and food vans operate in nodes, including as follows:

·   There should be consultation regarding the planning and allocation of trading licences.

·   Access ways to permanent businesses should not be affected.

·   Large numbers of food vans should not be able to establish side by side.

·   Pop up bars should not be allowed.

·   A diversity of different traders should be allowed in the nodes and not traders with similar products/services.

·   Traders should not be able to trade just for the dry season each year.

·   Traders should be spread around the whole of Chinatown, including north of Short Street and in the Paspaley Plaza car park.

·   Traders should be encouraged to be eco friendly and not result in litter being left lying around.

 

Paspaley Pearls Properties Pty Ltd (Paspaley) made a number of suggestions regarding how and where traders could be located in Chinatown, particularly in the area north of Carnarvon Street. These suggestions are not relevant to the proposed Policy amendments, however they are welcomed and have been taken on board by staff.  This information would be relevant to the running of the EOI process required under the Policy before any trading licences can be issued for Chinatown.

 

Regarding the submission that there be stakeholder involvement in the planning and allocation of pop up traders and food vans in certain areas, the Policy currently allows Council to invite applications for trading activities in particular areas (ie. run an EOI process). The proposed amendments only mandate this for Chinatown, however Council could consider running this process for other nodes that are likely to be in high demand, such as the Cable Beach Foreshore Reserve and Town Beach Reserve.

 

There are currently provisions in the Policy that prevent public traders from impacting on access to permanent businesses. The proposed amendments limit the number of traders (for nodes outside Chinatown) to 3 traders which limits the potential for congestion and the criteria requiring traders to add diversity and vibrancy would not be served by locating like offerings side by side. For Chinatown, the EOI process is intended to ensure that appropriate traders are located in selected places around Chinatown, with the aim of drawing foot traffic and activity throughout the town centre.

 

The Australian Hotels Association WA (AHA) made a submission regarding the regulation of pop up bars. There was no intention for the trading activities in nodes to comprise pop up bars or sell alcohol. Therefore, it is recommended that the proposed amendments to the Policy be modified to include a new clause that clarifies this. A copy of the Policy showing this new clause as a tracked change is shown in Attachment 4. The Policy with this change and tracked changes accepted is shown in Attachment 5. The AHA has advised that the Director of Liquor Licencing is currently preparing a Policy for Temporary Bars and Shire officers will continue to monitor developments in this area.

 

The proposed amendments state that a trading licence may be cancelled if a trader does not operate in a node for a period of 3 months. This is intended to prevent a person from obtaining a licence and only using it for a short period but holding on to it, thereby preventing any other person from having the opportunity to trade in a node.

 

It is a requirement currently in the Policy that all traders ensure that they remove all and any refuse and litter associated with the operation of the trading activity.

 

4.    Ability to impact on an existing trading licence holder in a node

Two submitters who currently hold trading licences raised concerns regarding competition from traders in the nodes on current trading licence holders. The Policy already contains a requirement that trading activities will not have an unreasonable impact on other traders. This is not intended to prevent competition between traders, and the Policy as currently written does not prevent traders from establishing nearby other existing public traders.

 

However, the intent of the amendments to the Policy is to add diversity and vibrancy, which would not be served by locating like offerings side by side. Therefore, no modifications to the proposed amendments are recommended in response to this issue.

 

5.    Council should defer making a decision on the amendments until further consultation is undertaken

 

The BCCI acknowledges the potential benefits the proposed amendments may bring, but also have concerns over how this may impact existing businesses. Their concerns over the lack of consensus on this issue are such that they have requested that Council defer deciding whether to make the amendments to the Policy until there has been “genuine engagement and a collaborative approach with key stakeholders”.

 

Shire officers are comfortable that a thorough consultation process was followed.  Information on the proposed changes and the ability for persons to make a submission was widely distributed.

 

Letters were sent to all businesses within 300 metres of a proposed node, including all of the retail and food businesses in Chinatown. The letters were accompanied by a fact sheet on the proposed changes. Letters with a fact sheet were also sent to current trading licence holders.

 

A notice advising of the consultation was published in the Broome Advertiser. Notice of the consultation was also posted on the Shire’s website, along with a copy of the proposed amended Policy and the fact sheet.

 

A Shire media release was sent to media outlets advising of the proposed changes and there was media interest in the story, with an article published in the Broome Advertiser.

 

Shire staff had a number of telephone conversations and meetings with persons seeking further information on the proposed changes.

 

This matter had been discussed with the former Chief Executive Officer of the BCCI a number of months before any formal changes to the Policy were proposed. The BCCI was notified of the consultation and provided with a copy of the fact sheet, and the matter was discussed by the current Chief Executive Officer of the BCCI and the Shire’s Director Development and Community.

 

18 submissions were received, which is not an insignificant number for public consultation on a policy change. This is further evidence that the consultation process that was followed was thorough and robust.

 

Therefore, officers do not recommend that a decision be deferred pending further consultation.

 

Summary

 

There was significant interest in the proposed amendments to the Policy, with a relatively high number of substantial and comprehensive submissions received.  There were strong submissions both for and against the changes, with a number of issues or concerns raised by the submitters addressed through the current or proposed Policy provisions.

 

Overall, the benefit of the proposed amendments is considered worth pursuing, with potential negative impacts managed through the criteria in Schedule 5 of the Policy.  Therefore, it is recommended that Council adopt the Policy to include the proposed amendments, with the modification to prevent pop up bars being established in a trading node.

 

CONSULTATION

 

The draft Policy was as publicly advertised from 22 February 2018 to 23 March 2018.  During this time, a notice was published in the Broome Advertiser advising of the proposed amendments and inviting submissions. In addition, letters with a fact sheet on the proposed changes were forwarded to all permanent traders within 300 metres of a proposed node, along with all current trading licence holders. Officers advised the BCCI of the changes under consideration and provided information regarding the consultation that was occurring.

 

At the conclusion of the consultation period, 18 submissions were received.

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

            

2.7. Role of council

 

(1)         The council –

(a)         governs the local government’s affairs; and

(b)         is responsible for the performance of the local government’s functions.

 

(2)         Without limiting subsection (1), the council is to -

(a)         oversee the allocation of the local government’s finances and resources; and

(b)         determine the local government’s policies.

 

Trading, Outdoor Dining and Street Entertainment Local law 2003

 

2.3     Determination of application

 

2.3.2           The local government may refuse to approve an application for a licence, where:

(d)    a policy of the local government adopted by the Council relates to that application and the policy provides that the application is not to be approved;

 

2.3.3           Where the local government approves an application for a licence, it may approve the application subject to conditions by reference to any policy of the local government adopted by the Council which contains conditions subject to which an application for a licence may be approved.

 

1.2     Prohibition

 

5.2.1  A person shall not carry on trading:

(a)         unless that person is the holder of a valid trading licence or is an assistant specified in a valid trading licence; and

(b)         otherwise than in accordance with:

(i)    the terms and conditions of the licence; and

(ii)   the provisions of this local law.

 

5.2.3  Where the local government has made a policy setting out the criteria upon which persons are exempted or may be exempted from holding a valid trading licence when carrying on trading in any public place, then subclause 5.2.1 will not apply to any person carrying on trading in any public place in accordance with the policy.

 

POLICY IMPLICATIONS

 

Nil, outside those directly discussed in this report.

 

Note that the Shire’s policies were renumbered following the OMC on 14 December 2017.  Therefore, the Policy was numbered 4.2.15 when the amendments were endorsed for public consultation by Council at the OMC on 14 December 2017 but is now numbered 3.3.6.

 

FINANCIAL IMPLICATIONS

 

The Shire charges a fee for trading applications and licences.  If increased applications are received and licences are issued, this will generate additional income for the Shire.  However, the application and licence fee represent cost recovery, and therefore any additional income received will be required to process the applications, administer the licences and maintain the public areas subject to the licences.

 

RISK

 

The key risk involved in introducing the trading nodes is reputational, based on negative publicity generated from permanent businesses concerned about the impact on their business.  Overall, the consequence of this risk is considered ‘Minor’ and the likelihood considered ‘Likely’, giving rise to an overall risk rating of ‘Moderate’.

 

There is no real way to mitigate this risk, however the potential benefits in terms of place activation and increased economic activity is considered to outweigh the risk.

 

STRATEGIC IMPLICATIONS  

 

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

 

Effective communication

 

Accessible and safe community spaces

 

Participation in recreational and leisure activity

 

A healthy and safe environment

 

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

 

A built environment that reflects tropical climate design principles and

 

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

 

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

 

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

 

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

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr M Fairborn                                              Seconded: Cr P Matsumoto

 

That Council:

 

1.       Adopts the amended Policy 3.3.6 – Trading in Public Places as shown in Attachment 5.

2.       Requests that the Chief Executive Officer prepare Expressions of Interest documentation setting out where, when and what type of traders are sought for Chinatown, to be presented to Council for consideration at a future meeting.

 

CARRIED UNANIMOUSLY 9/0

 

Attachments

1.

Trading in Public Places Policy as advertised - amendments shown as tracked changes

2.

Trading in Public Places Policy as advertised - tracked changes accepted

3.

Schedule of Submissions

4.

Trading in Public Places Policy - Amended in response to submissions - tracked changes shown

5.

Trading in Public Places Policy - Amended in response to submissions - tracked changes accepted

  


Item 9.3.1 - OUTCOME OF PUBLIC CONSULTATION ON INTRODUCTION OF TRADING NODES THROUGH THE TRADING IN PUBLIC PLACES POLICY

 

 

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Item 9.3.1 - OUTCOME OF PUBLIC CONSULTATION ON INTRODUCTION OF TRADING NODES THROUGH THE TRADING IN PUBLIC PLACES POLICY

 

 

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Item 9.3.1 - OUTCOME OF PUBLIC CONSULTATION ON INTRODUCTION OF TRADING NODES THROUGH THE TRADING IN PUBLIC PLACES POLICY

 

 

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9.4

 

Our Organisation

 

IMG_1865

 

PRIORITY STATEMENT

 

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

 

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

 

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

 

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


MinutesOrdinary Meeting of Council 31 May 2018                                                                                  Page 354 of 875

 

 

9.4.1      MONTHLY PAYMENT LISTING - APRIL 2018

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           FRE02

AUTHOR:                                                   Coordinator Financial Operations

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Manager Financial Services

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    14 May 2018

 

SUMMARY: This report recommends that Council receives the list of payments made under delegated authority, as per the attachment to this report for the month of April 2018.

 

BACKGROUND

 

Previous Considerations

 

Nil

 

COMMENT

 

The Chief Executive Officer (CEO) has delegated authority to make payments from the Municipal and Trust funds in accordance with budget allocations.

 

The Shire provides payments to suppliers by either Electronic Funds Transfer (EFT), cheque, credit card or direct debit.

 

Attached is a list of all payments processed under delegated authority during the month of April 2018.

 

CONSULTATION

 

Nil

 

STATUTORY ENVIRONMENT

 

Local Government (Financial Management) Regulations 1996

13.     Payments from municipal fund or trust fund by CEO, CEO’s duties as to etc.

(1)     If the local government has delegated to the CEO the exercise of its power to make payments from the municipal fund or the trust fund, a list of accounts paid by the CEO is to be prepared each month showing for each account paid since the last such list was prepared —

(a)    the payee’s name;

(b)    the amount of the payment; and

(c)    the date of the payment; and

(d)    sufficient information to identify the transaction.

 

 

(2)     A list of accounts for approval to be paid is to be prepared each month showing —

(a)    for each account which requires council authorisation in that month —

(i)      the payee’s name; and

(ii)      the amount of the payment; and

(iii)     sufficient information to identify the transaction; and

(b)    the date of the meeting of the council to which the list is to be presented.

(3)     A list prepared under sub regulation (1) or (2) is to be —

(a)    presented to the council at the next ordinary meeting of the council after the list is prepared; and

(b)    recorded in the minutes of that meeting.

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

List of payments made in accordance with budget and delegated authority.

 

Payments can also be analysed as follows:

 

 

The above graph shows the percentage of local spend in comparison to non-local and recoupable spend for the month of April 2018 after $1,054,646.09 in personnel payments, $201,212.52 in utilities and other non-local sole suppliers have been excluded.

 

RISK

 

The risk of Council not adopting this report is extreme as this will result in non-compliance with Regulation 13 of the Local Government (Financial Management) Regulations 1996. The likelihood of this ever occurring is rare due to the CEO’s implementation of procedures to ensure payment details are disclosed to Council in a timely manner, as well as Procurement and Purchasing policies which ensure these payments are made in accordance with budget and delegated authority and comply with Local Government (Financial Management) Regulations 1996.

 

STRATEGIC IMPLICATIONS 

 

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

 

An organisational culture that strives for service excellence

 

Responsible resource allocation

 

Effective community engagement

 

Improved systems, processes and compliance

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell                                               Seconded: Cr D Male

That Council receives the list of payments made from the Municipal and Trust Accounts in April 2018 totalling $2,685,894.40 (Attachment 1) in accordance with the requirements of Regulation 12 of the Local Government (Financial Management) Regulations 1996 covering:

•     EFT Vouchers 44678 – 45153 totalling $2,183,689.18;

•     Municipal Cheque Vouchers 57515 – 57519 totalling $408.00;

•     Trust Cheque Voucher 3447 - 3447 totalling $200.05;

•     Credit Card Payments & Municipal Direct Debits DD24188.1– DD24314.9 totalling $501,597.17; and

•     Notes the local spend included in the amount above totals $506,512.91, 35.42% of total payments excluding personnel and utility and other external sole supplier costs.

CARRIED UNANIMOUSLY 9/0

 

Attachments

1.

Monthly Payment Listing - April 2018

2.

Local Spend Payment Listing - April 2018

  


Item 9.4.1 - MONTHLY PAYMENT LISTING - APRIL 2018

 

 

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