Minutes of Ordinary Meeting

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.

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.

Minutes – Ordinary 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.

Moved: Cr P Matsumoto Seconded: Cr D Male

1.	Shire of Broome Disability Access and Inclusion Plan 2018 - 2023

Minutes – Ordinary 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)

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.

Moved: Cr C Marriott Seconded: Cr M Fairborn

1.	Proposed Events Policy (clean copy)
2.	Proposed Events Policy (tracked changes)
3.	Traffic Management Policy (tracked changes showing provisions to be retained)

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)

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

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

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

Shire of Broome annual community sponsorship

Annual

$48,908

Shire of Broome

22172

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)

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 9/0

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.

Moved: Cr D Male Seconded: Cr C Marriott

1.	2017/18 Annual Community Sponsorship Program - CSAWG recommendations for funding

Minutes – Ordinary 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)

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.

Moved: Cr C Mitchell Seconded: Cr B Rudeforth

1.	Shire of Broome Submission

Minutes – Ordinary 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 ⁷that 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 ⁷that 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 ¹may 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)

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.

Moved: Cr C Mitchell Seconded: Cr W Fryer

1.	Lot 556 DP 401597

Minutes – Ordinary 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)

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.

Moved: Cr C Marriott Seconded: Cr W Fryer

1.	Local Planning Policy 5.14 Public Consultation - Planning Matters

Minutes – Ordinary 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;

(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;

(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)

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.

1.	Current Broome Cycles Trading Licence
2.	Proposed Broome Cycles Trading Licence

Minutes – Ordinary 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

(3) The Minister may —

(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 ⁷that 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 ⁷that 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

(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.

(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.

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)

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

Moved: Cr C Mitchell Seconded: Cr C Marriott

1.	Lot 544 Crab Creek Road

Minutes – Ordinary 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;

(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;

(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)

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.

Moved: Cr C Mitchell Seconded: Cr W Fryer

1.	Mollie Bean Trading Licence

Minutes – Ordinary 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;

(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)

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.

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.

1.	Submission - Review of the AHA

Minutes – Ordinary 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

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

(3) The Minister may —

(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 ⁷that 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 ⁷that 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

(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.

(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.

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.

Should Council resolve not to provide the undertakings to the Committee, the Amendment Local Law may be disallowed by the Committee.

1.	Reserve 29093

Minutes – Ordinary 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

· 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.

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.

Moved: Cr W Fryer Seconded: Cr C Mitchell

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”.

Proposed Local Government Property and Public Places Amendment Local Law 2018

Local Government Property and Public Places Local Law 2016 - with amendments shown as tracked changes

Minutes – Ordinary 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.

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

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.

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

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

(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.

* Absolute majority required.

(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.

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

RISK

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)

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.

Moved: Cr M Fairborn Seconded: Cr P Matsumoto

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”.

Proposed Trading, Outdoor Dining and Street Entertainment Amendment Local Law 2018

Trading, Outdoor Dining and Street Entertainment Local Law 2016 - showing amendments as tracked changes

Minutes – Ordinary 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:

o The vehicle or structure used for the trading activity must be well presented and provide a high level of visual appeal;

o The trading activity must not detract from the visual or general amenity of the surrounding area;

o The trading activity will support the vibrancy and/or enhance the use of an area by persons working or visiting the node;

o 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)

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.

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

Minutes – Ordinary 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)

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.

Moved: Cr D Male Seconded: Cr B Rudeforth

1.	Monthly Payment Listing - April 2018
2.	Local Spend Payment Listing - April 2018

Minutes – Ordinary Meeting of Council 31 May 2018 Page 386 of 875

9.4.2 MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT 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: Council is required by legislation to consider and adopt the Monthly Statement of Financial Activity Report for the period ended 30 April 2018, as required by Regulation 34(1) of the Local Government (Financial Management) Regulations 1996 (FMR).

Council is further provided with a General Fund Summary of Financial Activity (Schedules 2 to 14) which provides comprehensive information on Council’s operations by Function and Activity.

BACKGROUND

Previous Considerations

Council is provided with the Monthly Financial Activity Report which has been developed in line with statutory reporting standards and provides Council with a holistic overview of the operations of the Shire of Broome.

Supplementary information has been provided in the form of Notes to the Monthly Report and a General Fund Summary of Financial Activity, which discloses Council’s Revenue and Expenditure in summary form, by Programme (Function and Activity).

Disclosure and supply of appropriate explanations for variances presented in the Statement of Financial Activity, is mandatory under FMR 34(2)(b) as stated in Policy 2.2.2 Materiality in Financial Reporting.

FMR 34(5) requires a local government to adopt a percentage or value, calculated in accordance with the Australian Accounting Standards (AAS) and Council’s adopted risk management matrix thresholds, to be used in statements of financial activity for reporting material variances.

COMMENT

The 2017/2018 Annual Budget was adopted at the Ordinary Meeting of Council on 29 June 2017.

The following are key indicators supporting the year to-date budget position with respect to the Annual Forecast Budget:

Budget Year elapsed 83.29%

Total Rates Raised Revenue 100% (of which 95.54% has been collected)

Total Other Operating Revenue 78%

Total Operating Expenditure 69%

Total Capital Revenue 38%

Total Capital Expenditure 20%

Total Sale of Assets Revenue 34%

More detailed explanations of variances are contained in Note 2 of the Monthly Statement of Financial Activity. The commentary identifies material variations between the expected year-to-date budget position and the position at the reporting date.

Based on the 2017/2018 Annual Budget presented at the Ordinary Meeting of Council on 29 June 2017, Council adopted a balanced budget to 30 June 2018.

It should be noted that the Annual Financial Statements for the Shire of Broome were completed and presented to the Audit Committee on 16 October 2017 before being endorsed by Council on 19 October 2017. The final report included recommendations for the use of an additional $1,727,141 in carried forward surplus. These recommendations were approved by Council and incorporated into the 2017-18 budget.

The results of the first and second quarter finance and costing review (FACR) were adopted by Council on 14 December 2017 and 22 February 2018, respectively, resulting in a deficit forecast financial position to 30 June 2018 of $113,897.

CONSULTATION

Nil

STATUTORY ENVIRONMENT

Local Government (Financial Management) Regulations 1996

34. Financial activity statement report — s. 6.4

(1A) In this regulation —

“committed assets” means revenue unspent but set aside under the annual budget for a specific purpose.

(1) A local government is to prepare each month a statement of financial activity reporting on the sources and applications of funds, as set out in the annual budget under regulation 22(1)(d), for that month in the following detail —

(a) annual budget estimates, taking into account any expenditure incurred for an additional purpose under section 6.8(1)(b) or (c);

(b) budget estimates to the end of the month to which the statement relates;

(c) actual amounts of expenditure, revenue and income to the end of the month to which the statement relates;

(d) material variances between the comparable amounts referred to in paragraphs (b) and (c); and

(e) the net current assets at the end of the month to which the statement relates

(2) Each statement of financial activity is to be accompanied by documents containing —

(a) an explanation of the composition of the net current assets of the month to which the statement relates, less committed assets and restricted assets;

(b) an explanation of each of the material variances referred to in sub regulation (1)(d); and

(c) such other supporting information as is considered relevant by the local government.

(3) The information in a statement of financial activity may be shown —

(a) according to nature and type classification;

(b) by program; or

(c) by business unit.

(4) A statement of financial activity, and the accompanying documents referred to in sub regulation (2), are to be —

(a) presented at an ordinary meeting of the council within 2 months after the end of the month to which the statement relates; and

(b) recorded in the minutes of the meeting at which it is presented.

(5) Each financial year, a local government is to adopt a percentage or value, calculated in accordance with the AAS, to be used in statements of financial activity for reporting material variances.

Local Government Act 1995

6.8. Expenditure from municipal fund not included in annual budget

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

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

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

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

* Absolute majority required.

(1a) In subsection (1) —

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

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

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

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

POLICY IMPLICATIONS

2.2.2 Materiality in Financial Reporting

FINANCIAL IMPLICATIONS

The adoption of the Monthly Financial Report is retrospective. Accordingly, the financial implications associated with adopting the Monthly Financial Report are nil.

RISK

The Financial Activity report is presented monthly and provides a retrospective picture of the activities at the Shire. Contained within the report is information pertaining to the financial cost and delivery of strategic initiatives and key projects.

In order to mitigate the risk of budget over-runs or non-delivery of projects, the Chief Executive Officer has implemented internal control measures such as regular Council and management reporting and the quarterly FACR process to monitor financial performance against budget estimates. Materiality reporting thresholds have been established at half the adopted Council levels, which equate to $5,000 for operating budget line items and $10,000 for capital items, to alert management prior to there being irreversible impacts.

It should also be noted that there is an inherent level of risk of misrepresentation of the financials through either human error or potential fraud. The establishment of control measures through a series of efficient systems, policies and procedures, which fall under the responsibility of the CEO as laid out in the Local Government (Financial Management Regulations) 1996 regulation 5, seek to mitigate the possibility of this occurring. These controls are set in place to provide daily, weekly and monthly checks to ensure that the integrity of the data provided is reasonably assured.

STRATEGIC IMPLICATIONS

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

Affordable and equitable services and infrastructure

Affordable land for residential, industrial, commercial and community use

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

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

An organisational culture that strives for service excellence

Sustainable and integrated strategic and operational plans

Responsible resource allocation

Effective community engagement

Improved systems, processes and compliance

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

That Council:

1. Adopts the Monthly Financial Activity Report for the period ended 30 April 2018; and

2. Receives the General Fund Summary of Financial Activity (Schedules 2-14) for the period ended 30 April 2018.

9.4 REGIONAL WASTE TECHNICAL ADVISORY GROUP (TAG) – MINUTES OF MEETING

1.	Monthly Financial Activity Statement Report -April 2018
2.	SCHEDULE 2
3.	SCHEDULE 3 TO 14

Minutes – Ordinary Meeting of Council 31 May 2018 Page 542 of 875

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

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: OGS03 & RCG01

AUTHOR: Executive Assistant to the CEO

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Chief Executive Officer

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 11 May 2018

SUMMARY: This report presents for Council endorsement the Minutes from the Joint meeting of the Kimberley Zone of WALGA and Kimberley Regional Group held on 30 April 2018.

BACKGROUND

Previous Considerations

A copy of the minutes from the meeting held 30 April 2018 between members of the Kimberley Zone of WALGA (Zone) and Kimberley Regional Group (KRG) are attached for Council consideration (Attachment 1 - Kimberley Regional Group Minutes 30 April 2018).

As a result of a past decision of the group, both the Kimberley Zone and KRG meetings are joined.

It should be remembered that the Kimberley Zone of WALGA is a group established to represent regional issues to the State Council of the Western Australian Local Government Association (WALGA). This group includes the four Kimberley Shires in addition to the Shires of Christmas Island and Cocos Keeling Islands.

The KRG is a deed of agreement between four local governments with the Minister for Local Government to progress regional reform.

The Shire of Broome accepted the Secretariat role for the Kimberley Zone / KRG late in 2017, with the formal transition to Secretariat finalised in December 2017.

COMMENT

This meeting was held in Perth to coincide with the Pilbara Kimberley Forum and in addition to the formal meeting included a CEO group meeting, Shire President and Elected Member meeting.

The minutes and respective background information are attached to this report and the following comments are made in relation to the resolutions passed by the Group. Additional recommendations have been made where necessary for Council’s consideration.

8.1 STATE COUNCIL MEETING AGENDA AND PRESIDENT’S REPORT

The State Council Agenda and President’s Report for the meeting held on 4 May 2018 was received on 12 April 2018 and was attached for member consideration. A copy of the summary minutes from the State Council meeting held 4 May 2018 are also attached for Council’s information.

ZONE RESOLUTION:

(REPORT RECOMMENDATION)

That the Kimberley Zone of WALGA notes the State Council Meeting Agenda and President’s Report.

Moved: Cr Geoff Haerewa Seconded: Cr Malcolm Edwards

FOR: 4

AGAINST: 0

9.1 KIMBERLEY REGIONAL GROUP MEETING RESOLUTION STATUS REPORT

A status report was provided from the Secretariat outlining progress on Resolutions passed by the Zone/KRG since July 2016. The status report was received and noted for finalisation under the authorisation of the Secretariat.

KIMBERLEY REGIONAL GROUP RESOLUTION:

(REPORT RECOMMENDATION)

That the Kimberley Regional Group:

1. 1. Notes the outstanding Resolution Status Report;

2. 2. Authorises the Secretariat to proceed with co-ordinating the finalisation of outstanding action items arising from meeting resolutions; and

3. 3. Notes the finalisation of the KRG Governance Agreement and requests the Secretariat to distribute to member Council’s for consideration of endorsing and signing.

Moved: Cr Geoff Haerewa Seconded: Cr David Menzel

FOR: 4

AGAINST: 0

9.2 KIMBERLEY REGIONAL GROUP 16/17 FINANCIAL ACTIVITY REPORT

A Financial Activity Report was presented for adoption, indicating the KRG have a surplus of $247,863 as at end of March 2018.

KIMBERLEY REGIONAL GROUP RESOLUTION:

(REPORT RECOMMENTATION)

That the Kimberley Regional Group adopts the Financial Activity Report for the period ended 31 March 2018.

Moved: Cr Malcolm Edwards Seconded: Cr Geoff Haerewa

FOR: 4

AGAINST: 0

9.3 PRELIMINARY REPORT FROM THE SHIRE OF DERBY WEST KIMBERLEY TO THE KIMBERLEY REGIONAL GROUP FOR THE TRANSFER OF SECRETARIAT

The proposal to move the Secretariat role from the Shire of Derby West Kimberley to the Shire of Broome was made at the 1 September 2017 meeting.

A checklist of all works to be completed was developed to ensure all legal contractual obligations held by the Shire of Derby West Kimberley on behalf of the Group have been discharged. The transfer of Secretariat officially occurred on 31 December 2017.

KIMBERLEY REGIONAL GROUP RESOLUTION:

(REPORT RECOMMENDATION)

That the Kimberley Regional Group notes the preliminary Secretariat transition report.

Moved: Cr Geoff Haerewa Seconded: Cr Chris Mitchell

FOR: 4

AGAINST: 0

This report presented the minutes from the Regional Waste TAG meeting held on 6 April 2018. A copy of the minutes are attached for Council’s information (Attachment 4 – Regional Waste TAG Minutes – 6 April).

In addition, the KRG also requested the Secretariat to undertake an RFQ process for a consultant to undertake a desktop review of the Kimberley Waste Management Plan.

KIMBERLEY REGIONAL GROUP RESOLUTION:

(REPORT RECOMMENDATION)

That the Kimberley Regional Group:

1. 1. Receives the minutes from the Regional Waste TAG meeting held 6 April 2018; and

2. 2. Requests the Secretariat to undertake a formal RFQ process for consultancy services to undertake a desktop review of the Kimberley Waste Management Plan.

Moved: Cr David Menzel Seconded: Cr Geoff Haerewa

FOR: 4

AGAINST: 0

9.5 POSITION STATEMENT ON A REGIONAL APPROACH TO ALCOHOL MANAGEMENT

This report requested the KRG’s consideration of a position statement to provide the basis of a regional approach to better alcohol management within the Kimberley. A draft position statement was tabled and is attached for Council’s information (Attachment 5 – Position Statement on Regional Approach to Alcohol Management).

The KRG requested the Kimberley CEO Group to present a proposed Kimberley wide liquor restriction to the next KRG meeting on 2 July 2018 and requested the Secretariat to investigate the use of proceeds of crime funding towards the implementation of a Takeaway Alcohol Management System across the Kimberley.

KIMBERLEY REGIONAL GROUP RESOLUTION:

That the Kimberley Regional Group:

1. Endorses the Position Statement on a Regional Approach to Alcohol Management in the Kimberley as detailed in Attachment 1, including the following key principles:

a. The Kimberley Regional Group will work collaboratively to minimise alcohol related harm in the region;

b. The Kimberley Regional Group is supportive of the implementation of consistent alcohol restrictions and strategies across the Kimberley;

c. The Kimberley Regional Group will engage proactively with the State and Federal Governments, and other key stakeholders, to seek support in delivering solutions and strategies; and

d. The Kimberley Regional Group acknowledges community led alcohol management initiatives, and contributes when and where appropriate.

2. Request the Kimberley CEO Group to review the proposed liquor restrictions in the Pilbara and present a proposed Kimberley wide liquor restriction (noting Fitzroy Crossing’s current position) to the next Kimberley Regional Group meeting on 2 July 2018.

3. Request the Secretariat to investigate the use of proceeds of crime funding towards implementation of Takeaway Alcohol Management Systems across the Kimberley.

Moved: Cr Chris Mitchell Seconded: Cr Davide Menzel

FOR: 4

AGAINST: 0

CONSULTATION

Nil

STATUTORY ENVIRONMENT

Nil

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

While there are no direct financial implications to the Shire of Broome from any of the resolutions passed by the Kimberley Zone of WALGA/KRG, it should be noted Shire of Broome staff will be required to coordinate and finalise actions arising from resolutions.

RISK

There is minimal risk associated with the recommendation of this report to the Shire of Broome.

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

Affordable services and initiatives to satisfy community need

High level social capital that increases community capacity

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

Affordable and equitable services and infrastructure

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

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

An organisational culture that strives for service excellence

Sustainable and integrated strategic and operational plans

Responsible resource allocation

Effective community engagement

Retention and attraction of staff

Improved systems, processes and compliance

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell Seconded: Cr C Marriott

That Council receives and endorses the resolutions of the Kimberley Zone of WALGA / Kimberley Regional Group as attached in the minutes from the Joint Meeting held 30 April 2018 enbloc.

Overall the proposal would continue to deliver a publication that meets the community’s need for information, while at the same time addressing the changing dynamic between printed and online versions. The Directory would provide an additional revenue stream for the BCCI through the sale of paid advertising, with a percentage of the profits to be returned to the community through grants and other programs. It also provides an opportunity for greater use of local business in production of the Directory.

1.	Kimberley Regional Group Minutes 30 April 2018
2.	State Council Agenda
3.	President's Report
4.	SC Summary Minutes - 4 May 2018
5.	Regional Waste TAG Minutes - 6 April
6.	Position Statement on Regional Approach to Alcohol Management

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

PDF Creator

Minutes – Ordinary Meeting of Council 31 May 2018 Page 777 of 875

With regard to Item 9.4.4 Cr D Male declared a Financial Interest – “The applicant is a client of my business” and departed the Chambers at 5.48pm.

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

LOCATION/ADDRESS: Nil

APPLICANT: Broome Chamber of Commerce and Industry

FILE: INP001

AUTHOR: Media and Promotions Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Chief Executive Officer

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 16 May 2018

SUMMARY: The Shire of Broome Directory has traditionally been distributed free each year to residents and businesses and made available online. It contains business, community and residential contact listings, business advertising, information on Council and Shire of Broome services, emergency information, tide charts, bus timetables and more.

However, the popularity of traditional printed directories is in decline and there exists a need to transition to a newer model that prioritises an online presence. The Broome Chamber of Commerce and Industry (BCCI) has approached the Shire of Broome with a proposal to take on production of the Directory from the 2019 edition and to integrate it into the ‘#LoveBroome’ marketing campaign.

This report recommends transferring production of the Directory to the BCCI along with assets connected with the #LoveBroome marketing campaign.

BACKGROUND

Previous Considerations

OCM 8 June 2006 Item 9.2.5

SCM 18 September 2006 Item 9.1.1

OCM 28 September 2006 Item 12.1

OCM 10 May 2007 Item 9.1.4

OMC 14 February 2008 Item 9.1.4

SMC 19 June 2008 Item 9.1.2

OMC 3 July 2008 Item 12.1

OMC 26 August 2008 Item 12.2

OMC 16 April 2009 Item 9.1.1

OMC 14 May 2009 Item 9.1.2

OMC 4 August 2009 Item 9.1.2

OMC 15 April 2010 Item 9.1.1

OMC 2 August 2010 Item 9.1.1

OMC 14 April 2011 Item 9.1.1

OMC 29 September 2011 Item 9.1.1

OMC 19 April 2012 Item 9.4.7

OMC 16 May 2013 Item 9.4.5

OMC 24 April 2014 Item 9.4.5

OMC 30 April 2015 Item 9.4.4

OMC 26 November 2015 Item 9.4.8

OMC 26 May 2016 Item 9.4.7

OMC 29 September 2016 Item 9.4.3

OMC 29 June 2017 Item 9.4.9

The Shire of Broome has traditionally recognised the need to provide the community with a free and comprehensive resource containing business, community and residential contact listings, a cost-effective medium for businesses to promote their products to customers, and important and useful information such as tide charts, bus timetables and emergency information. This has taken the form of the printed Shire of Broome Directory, distributed free of charge to the community and organisations, and more recently an additional dedicated online directory.

The Directory was previously produced in-house by the Shire before Council resolved in 2004 to outsource the production due to the increasing strain on internal resources. The contract has since been put to tender every two years, with the 2005 and 2006 Directories produced by the Broome Telecentre and from 2007 to 2018 by marketing firm Market Creations.

The tender process was managed initially by the Shire and from 2008 by the WA Local Government Association Procurement Consultancy Service to ensure the process was fair, independent and transparent, and provided local operators an opportunity to compete for the contract.

The “#LoveBroome” marketing campaign was created in 2014 to promote Broome in its role as Guest Town at the 2014 Perth Royal Show and was coordinated by the Shire, Broome Visitor Centre and other stakeholders. The campaign included a dedicated website, social media accounts, logos and other marketing and promotional materials. The campaign was highly successful and Broome was awarded the Commercial Exhibitors Award for Excellence. Since that time the campaign has continued to be used as a social media hashtag, but the website content was specific to the Royal Show campaign and so has been deactivated, with the Shire retaining ownership of the domain name.

COMMENT

The popularity of printed business and community directories is in decline as both consumers and advertisers move increasingly to online sources of information. This has been demonstrated in the Shire of Broome Directory, with the number of paid business advertising pages decreasing by 58 per cent in the past four years, including a 27 per cent decrease from the 2017 to 2018 Directories.

With the cost of producing and distributing the Directory funded through revenue from paid advertising, the financial viability of producing a printed publication is also decreasing. This decline has also been reflected in the royalty fees paid by the contractor for the rights to produce the Directory. Under the contract to produce the 2017 and 2018 Directories the Shire was paid a royalty of $40,000 each year. Under the previous contract for the 2015 and 2016 Directories the Shire was paid $80,000 each year and the BCCI $30,000, for a total of $110,000. This is a decrease of 64 per cent. The contractor has forecast this decline to continue under any future contract.

The Broome Chamber of Commerce and Industry has presented the Shire with a proposal to take on production of the Directory from the 2019 edition. The BCCI would continue producing both a printed and online Directory, while transitioning the priority from the printed to the online version. The proposal documents, including budget information, are included in the confidential attachments but key points include:

- Begin production in June 2018 for launch and delivery in February 2019.

- Decrease the cost of paid advertising for businesses.

- Consult with stakeholders to ensure comprehensive community information is included.

- Provide free community listings.

- Printed directory to be in a magazine format and “coffee-table quality”.

- Free delivery of printed directories through PO boxes.

- Conduct an associated marketing campaign.

- Undertake to employ local staff and contractors where possible including a full-time directory manager; part-time salesperson; 4 x graphic designers, 2 x printers; 2 x digital assembly; and 1 x PR and marketing position.

- Request for $20,000 in seed funding from the Shire, to be repaid in July 2019.

The BCCI has proposed producing the Directory under contract to the Shire, however given that the proposal appears viable and would continue to meet the needs of the community, it is considered that it should not require Shire oversight and would only add an unnecessary layer of administration. The recommended option is to simply transfer the existing Directory product across to the BCCI. While there is nothing preventing the BCCI or any other organisation from starting its own Directory, transferring the existing product will provide a simpler and smoother transition for the BCCI and minimise confusion in the community.

The BCCI also proposes integrating the Directory with the #LoveBroome marketing campaign created in 2014 to promote Broome’s involvement as Guest Town at the Perth Royal Show. LoveBroome has retained a degree of recognition through social media and particularly the Facebook page which has a following of more than 2700 people, but otherwise has not been actively promoted since its use at the Royal Show. The Shire has no current plan to reactivate the campaign and so the BCCI’s proposal would be a welcome resurrection of the previously successful campaign for the benefit of the community. The Shire holds the domain name for the LoveBroome website, administers the social media accounts and has some remaining stock of promotional materials such as banners which could be handed over to the BCCI.

The BCCI has also requested that the Shire provide $20,000 in seed funding up-front, to be repaid in July 2019, to fund planning and proposals prior to starting the sale of advertising for the Directory. However, this report recommends against approving the request. The draft 2018/19 Shire of Broome budget (yet to be adopted by Council) includes an allocation for income of $10,000 from the Directory, based on an estimate of what could be received as a production fee from a contractor. A payment of $20,000 is therefore unbudgeted in 2018/19 and would result in a deficit of $30,000. It would also represent a turnaround of $60,000 from 2017/18 in which the Shire received $40,000 in production fees from the Directory contractor.

The draft budget for production of the 2019 Directory provided by the BCCI, and included in the confidential attachments, projects a comfortable profit. The recommendation of this report that production of the Directory be transferred to the BCCI, rather than produced under contract to the Shire, also means the BCCI will retain a greater share of those profits without the need to pay a production fee to the Shire.

Advice was sought from the WA Local Government Association Procurement Consultancy Service regarding the Shire’s ability to transfer production of the Directory to the BCCI without a formal procurement process being undertaken. Advice received was that a formal procurement process was not required in this case as the transfer is being made to a not-for-profit incorporated association for the purpose of community benefit and local economic development, rather than for commercial gain. By transferring the Directory content to the BCCI without entering into a contract for production it does not constitute a commercial transaction but rather the discontinuation of the Shire producing the product but supporting another organisation to continue the initiative for the benefit of the community.

In conclusion it is considered that the option of transferring production to the BCCI presents the best outcome for the Broome community in taking the Directory forward in a new format and providing social and economic benefits to the community, with considerable opportunity for engagement of local business in the form of printing, marketing, graphic design, sales and more to be involved with the BCCI in production of the Directory.

CONSULTATION

Broome Chamber of Commerce and Industry

WA Local Government Association Procurement Consultancy Service

STATUTORY ENVIRONMENT

Local Government Act 1995

POLICY IMPLICATIONS

Purchasing 2.1.2

Local Price Preference Policy 1.2.9

FINANCIAL IMPLICATIONS

By transferring production of the Directory to the BCCI rather than contracting it out, the Shire will forego any potential production fee income. The Shire has historically been paid a production fee by the successful contractor but as discussed in this report the value of the fee has declined considerably and will continue to do so. Under the most recent two-year contract the Shire received $40,000 per year, as compared to payments of $80,000 to the Shire and $30,000 to the BCCI in the previous two-year contract. The draft 2018/19 budget includes an allocation of $10,000 income as an estimate of what might be received if it were produced under contract.

As also discussed previously, this report recommends against agreeing to the BCCI request for $20,000 in up-front seed funding to be repaid in July 2019, on the basis that it is not included in the draft 2018/19 Shire budget and would result in a $30,000 deficit, and the BCCI projects a comfortable profit from advertising sales. Transferring production of the Directory to the BCCI rather than having them produce it under contract to the Shire for a production fee also allows the BCCI to retain a greater share of those profits.

RISK

If Council chooses not to endorse the recommendation to transfer production of the Directory to the BCCI an alternative course of action would need to be undertaken if production of a Directory was to continue. This would likely be in the form a procurement process to enter into a new commercial contract for production of the Directory for 2019 and onward. This process would need to be expedited to allow sufficient time for a contractor to sell advertising and produce a publication.

Given that previously the Directory production has been put out to commercial tender there is also the possibility that those who have previously tendered for the contract either successfully or unsuccessfully may be dissatisfied with this outcome and seek some form of review or appeal. However, as outlined earlier in the report the Directory in its current form is now only marginally viable and needs to transition to a new model. As also outlined, advice from the WALGA Procurement Consultancy Service is that there is no requirement for a formal procurement process to be undertaken to transfer production to the BCCI given that it is a not-for-profit incorporated association, the objective of the transfer is community benefit and local economic development, and no contract is proposed to be entered.

STRATEGIC IMPLICATIONS

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

Effective communication

Affordable services and initiatives to satisfy community need

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

Affordable and equitable services and infrastructure

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

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

Responsible resource allocation

Effective community engagement

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr M Fairborn Seconded: Cr B Rudeforth

That Council:

1. Transfers production of the printed and online Shire of Broome Directory from 2019 to the Broome Chamber of Commerce and Industry.

2. Provides associated electronic files from the 2018 Shire of Broome Directory to the BCCI to facilitate and simplify production of future directories.

3. Transfers administration of the www.lovebroome.com.au website, social media accounts, and other marketing collateral to the BCCI.

4. Declines the request to provide seed funding of $20,000 for production of the 2019 Directory.

5. Requests the Chief Executive Officer to update the draft annual budget for 2018/19 to note the loss of $10,000 income for the Shire of Broome Directory and the deficit position.

CARRIED UNANIMOUSLY 8/0

Cr D Male returned to the Chambers at 5:49pm and the Chairperson read aloud the resolution for the benefit of Cr D Male.

Moved: Cr C Mitchell Seconded: Cr B Rudeforth

BCCI Broome Directory Proposal - Pt1 (Confidential to Councillors and Directors Only)

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

BCCI Broome Directory Proposal - Covering Letter (Confidential to Councillors and Directors Only)

BCCI Broome Directory Proposal - Pt 2 (Confidential to Councillors and Directors Only)

Minutes – Ordinary Meeting of Council 31 May 2018 Page 783 of 875

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

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: GOB03

AUTHOR: Manager Governance

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 21 May 2018

SUMMARY: The Local Government Advisory Board (LGAB) is considering operational changes to the current practice of directing the carrying out of a review of Councillor to Elector ratios by way of a review of wards and representation.

The Western Australian Local Government Association (WALGA) is seeking feedback from member local governments, particularly those with a ward system of representation, to assist in their response to the proposal.

BACKGROUND

Previous Considerations

Nil

Correspondence dated 11 May 2018 was received from WALGA advising that the LGAB is considering operational changes to the current practice of directing the carrying out of a review of Councillor to Elector ratios by way of a review of wards and representation. WALGA is seeking sector comment on the LGAB review by 14 June 2018.

Clause 6(1) of Schedule 2.2 of the Local Government Act 1995 (the Act) requires local governments that have wards to carry out a review of ward boundaries and Councillor numbers every 8 years.

Clause 6(3) allows the LGAB to direct a local government to conduct a review at any time. Currently, the LGAB staff undertake an operational analysis of ward and representation ratios following each local government election.

The LGAB considers that the ratio of councillors to electors is particularly significant. It is expected that each local government will have similar ratios of electors to councillors across its wards. The percentage ratio deviation is calculated by subtracting the councillor/elector ratio for a ward from the average councillor/elector ratio. The result is then divided by the average councillor/elector ratio and multiplied by 100 to give a percentage. A negative result indicates that the ward is under represented and a positive result indicates that the ward is over represented.

If post election analysis by the LGAB identifies ratios that are plus or minus 10%, the LGAB will require a ward and representation review to be conducted.

If a local government considers that they have exceptional circumstances that justify ward councillor/elector ratio deviations greater than plus or minus 10%, they can present their argument to the LGAB for consideration.

LGAB Proposal

The LGAB considers it would be more efficient to cease post-election analysis and any subsequent direction to local government. It would then be up to each local government to advise the LGAB on occasions when the ratio is identified as exceeding plus or minus 10%. The LGAB will then determine whether a review should be undertaken based on the information provided to it.

This shift in procedure is regarded as creating opportunity for local governments to be more accountable by recognising they are best placed to analyse local circumstances that may in turn impact on wards and representation. No legislative amendment is required to effect the proposed change in the LGAB’s practice.

This would result in local governments with wards being required to undertake a post-election analysis after every election and advise the LGAB when the ratio exceeds plus or minus 10%.

Factors to be taken into consideration when undertaking a review

When considering changes to wards and representation, Clause 8 of Schedule 2.2 of the Act specifies the following factors that must be taken into account by a Local Government as part of the review process:

· Community of interest;

· Physical and topographic features;

· Demographic trends;

· Economic factors; and

· Ratio of Councillors to Electors in the various wards.

The LGAB offers the following interpretation of these factors:

Community of interest

The term community of interest has a number of elements. These include a sense of community identity and belonging, similarities in the characteristics of the residents of a community and similarities in the economic activities. It can also include dependence on the shared facilities in an area as reflected in catchment areas of local schools and sporting teams, or the circulation areas of local newspapers.

Neighbourhoods, suburbs and towns are important units in the physical, historical and social infrastructure and often generate a feeling of community and belonging.

Physical and topographic features

These may be natural or man-made features that will vary from area to area. Water features such as rivers and catchment boundaries may be relevant considerations. Coastal plain and foothills regions, parks and reserves may be relevant as may other man-made features such as railway lines and freeways.

Demographic trends

Several measurements of the characteristics of human populations, such as population size, and its distribution by age, sex, occupation and location provide important demographic information. Current and projected population characteristics will be relevant as well as similarities and differences between areas within the local government.

Economic factors

Economic factors can be broadly interpreted to include any factor that reflects the character of economic activities and resources in the area. This may include the industries that occur in a local government area (or the release of land for these) and the distribution of community assets and infrastructure such as road networks.

Ratio of Councillors to Electors in the various wards

It is expected that each local government will have similar ratios of electors to councillors across the wards of its district.

COMMENT

Council undertook the 8 yearly statutory review of wards and representation in 2016 and at the Ordinary Meeting of Council held 24 November 2016 resolved as follows:

That Council:

1. Receives the six submissions received and notes that they have been considered during this review;

2. Proposes to the Local Government Advisory Board that after consideration of all the factors arising from the review, it wishes to maintain the existing ward structure and current number of 9 offices of Councillor with no change; and

3. Advises the Local Government Advisory Board that whilst it is recognised that the current ward system does not conform to the 10% standard deviation preference of the Local Government Advisory Board, it is Council’s view that the better governance of the district is best achieved by retaining the current ward and representation structure as it recognises:

(a) the significantly greater geographical area of the Dampier Ward (approximately 56,000 square kilometres);

(b) the dispersion of the population within the Dampier Ward as a large portion of this area consists of Aboriginal communities and pastoral leases;

(c) the need for two Councillors to share the representation of the Dampier Ward as it would be difficult for one Councillor to cover the geographical size of the Dampier Ward; and

(d) relatively minor changes in the smaller overall population numbers can seemingly make larger impacts on the percentage or ratio calculations.

Options were considered as part of this review and whilst the current ward system does not conform to the plus or minus 10% standard deviation preference of the LGAB, it was considered that maintaining the current number of Councillors and Ward structure recognised the additional factors outlined within the Council resolution.

The following table is an extract from the 2016 report to Council. Whilst the Broome Ward meets the plus or minus 10% ratio, the Dampier Ward is clearly outside the ratio deviation. It would require a significant increase in elector numbers in the Dampier Ward to achieve these ratios.

Ward	Number of Electors	Number of Councillors	Councillor Elector Ratio	% Ratio Deviation
Broome	7060	7	1:1009	-7.80%
Dampier	1366	2	1:683	27.03%
Total	8426	9	1:936	Not Applicable

The proposed changes by the LGAB to the ward review procedure would potentially result in the Shire of Broome being required to undertake a ward and representation review following every local government election until either Council resolves to abolish wards, or amend the wards and representation to achieve the standard plus or minus 10% deviation preference. It is noted that both options were presented to Council as part of the 2016 review.

As indicated previously clause 6(3) of the Act allows the LGAB to direct a local government to conduct a review at any time, however it is noted that the Shire of Broome has only been required to undertake the statutory 8 yearly reviews. It is assumed that LGAB officers have noted that the Shire of Broome does not conform to the plus or minus 10% ratio but have taken into consideration Council’s reasons for maintaining the existing ward structure and number of councillors.

Whilst it is appreciated that the LGAB wishes to ensure that local governments are directly accountable to their communities in terms of wards and representation, the proposed changes to the procedures do not take into consideration local governments with a disparity in the plus or minus 10% ratio and the reasons/factors affecting the variances previously considered and noted by the LGAB. It is therefore recommended that the LGAB take this into consideration when reviewing changes to their procedures.

CONSULTATION

WALGA

STATUTORY ENVIRONMENT

Local Government Act 1995

Schedule 2.2 — Provisions about names, wards and representation

6. Local government with wards to review periodically

(1) A local government the district of which is divided into wards is to carry out reviews of —

(a) its ward boundaries; and

(b) the number of offices of councillor for each ward, from time to time so that not more than 8 years elapse between successive reviews.

(2) A local government the district of which is not divided into wards may carry out reviews as to —

(a) whether or not the district should be divided into wards; and

(b) if so —

(i) what the ward boundaries should be; and

(ii) the number of offices of councillor there should be for each ward,

from time to time so that not more than 8 years elapse between successive reviews.

(3) A local government is to carry out a review described in subclause (1) or (2) at any time if the Advisory Board requires the local government in writing to do so.

[Clause 6 amended by No. 49 of 2004 s. 68(5) and (6).]

7. Reviews

(1) Before carrying out a review a local government has to give local public notice advising —

(a) that the review is to be carried out; and

(b) that submissions may be made to the local government before a day fixed by the notice, being a day that is not less than 6 weeks after the notice is first given.

(2) In carrying out the review the local government is to consider submissions made to it before the day fixed by the notice.

8. Matters to be considered in respect of wards

Before a local government proposes that an order be made —

(a) to do any of the matters in section 2.2(1), other than discontinuing a ward system; or

(b) to specify or change the number of offices of councillor for a ward,

or proposes under clause 4(2) that a submission be rejected, its council is to have regard, where applicable, to —

(c) community of interests; and

(d) physical and topographic features; and

(e) demographic trends; and

(f) economic factors; and

(g) the ratio of councillors to electors in the various wards.

[Clause 8 amended by No. 49 of 2004 s. 68(7).]

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

Should the proposed change to the LGAB procedure be approved, budget consideration would be required at that time.

RISK

The proposed changes to the LGAB procedure may result in non compliance with clause 6.(3) of Schedule 2.2 of the Local Government Act 1995 as it proposes a requirement for local governments to advise the LGAB post election on occasions when the ratio is identified as exceeding plus or minus 10%. The LGAB will then determine the information provided and assess whether a review should be undertaken.

As this is an additional administrative requirement on officers there is a risk that a deviation may not be reported to the LGAB resulting in non compliance.

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:

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)

That Council request the Chief Executive Officer to provide the following comment to the Western Australian Local Government Association regarding the Local Government Advisory Boards review of operational changes to the current practice for carrying out a review of Councillor and Elector ratios when undertaking a review of wards and representation:

‘That when considering the proposed changes to the operational review of ward and representation elector ratios the Local Government Advisory Board be requested to incorporate a provision for those local governments with a disparity in the plus or minus 10% ratio where the reasons for and factors affecting the variances have previously been considered and noted by the LGAB.’

11. When tenders have to be publicly invited

There are no attachments for this report.

Minutes – Ordinary Meeting of Council 31 May 2018 Page 788 of 875

The Shire President advised that there has been some additional wording added to the fourth paragraph to provide some further clarity around the consultancy.

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

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: RFQ18/44

AUTHOR: Engineering Technical Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Chief Executive Officer

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 21 May 2018

SUMMARY: This report considers quotations received for Request for Quote (RFQ) 18/44 and seeks Council’s adoption of the recommendation contained within the attached confidential evaluation report.

BACKGROUND

Previous Considerations

Nil.

In accordance with regulation 11.2(b) of the Local Government (Functions and General) Regulations 1996 tenders do not have to be publicly invited if the supply of goods or services is to be obtained through the Western Australian Local Government Association Preferred Supplier Panel (the WALGA panel).

While this RFQ process is public tender exempt, given the contract exceeds the Chief Executive Officer’s (CEO’s) delegated purchasing authority, Council is requested to consider awarding the contract.

An Order of Magnitude assessment of damages sustained to essential public assets as a result of high winds and flooding associated with Tropical Cyclone’s Hilda, Joyce and Kelvin, along with the Tropical Low over a three-month period from December 2017 to February 2018 was recently completed. Officers are now in the process of finalising all cost estimates and preparing and lodging funding claims through the Western Australia Natural Disaster Relief and Recovery Arrangements (WANDRRA) and the Shire’s insurers.

Following the damage caused by the 4 natural disasters earlier in the year, Shire officers had discussions with the Office of Emergency Management (OEM) regarding the resourcing burden the management and oversight of all recovery works will have on the Shire. As a result, the Shire applied for and was granted approval by the OEM to engage a suitably qualified consultant o manage and supervise the WANDRRA specific activities relating to the restoration of essential public assets damaged during the 4 events. The consultant will be responsible for project and contract management services and will be the internal lead on administration procedures required to meet the requirements of the WANDRRA Guidelines.

No budget allocation exists for this consultancy due to the unforeseen nature of the natural disaster events. As it is necessary to urgently engage the consultant so works can commence, a budget amendment is proposed to create income and expense accounts for WANDRAA Funded Consultancy Services to the full value of the services provided as contained in the confidential evaluation report in Attachment 1.

As WANDDRA funding can only be accessed in arrears, the Shire will be required to meet the costs of consultancy services provided prior to accessing income through WANDRRA. Consultancy costs incurred in 2017/18 will result in a deficit position for the Shire as income is only able to be recouped in 2018/19 however these funds will appear as untied income when received, resulting in an overall balanced position. It should be noted that all cost associated with this engagement will be recovered through WANDRRA.

Due to the timing of the events, a carryover of unexpended consultancy funds and income into the 2018/19 budget will be required.

The allowable time limit to submit a WANDRRA claim is 24 months after the end of the financial year in which the relevant disaster occurred. In this case all claims associated with ARG780 TC Hilda and associated heavy rainfall in Broome and West Kimberley (27 December 2017) are to be submitted by 30 June 2019. With all other WANDRRA event claims due by 30 June 2020. It is expected that all works will be completed by December 2018, with a 6 month contingency allowance.

COMMENT

Scope of Works

The Shire is seeking to appoint a suitably qualified and competent Project Management team to mange all WANDRRA restoration works associated with the following WANDRRA activated events:

· AGRN 780 – Tropical Cyclone Hilda and Associated Heavy Rainfall in Broome & West Kimberley (27 December 2017)

· AGRN 781 – Rainfall following Tropical Cyclone Joyce (11-16 January 2018)

· AGRN 787 – Tropical Low and Associated Flooding in Kimberley and East Pilbara (29-30 Jan 2018)

· AGRN 793 – Tropical Cyclone Kelvin and Associated Flooding (17 – 19 February 2018)

Responsibilities of the Project Management consultant include:

· Ensuring all works are completed on time and on budget in accordance with the approved scope of work.

· Ensuring procurement processes used to engage contractors to undertake works are in accordance with the Shire’s Purchasing Policy.

· Supervision of contractors to ensure works are completed to a suitable standard,

· Preparation and acquittal of Shire Claims to WANDRRA

· Ensuring documentation capturing the cost of each project, work instructions etc is of a standard suitable for the Shire to claim reimbursement from WANDRRA.

Procurement Process

The procurement process was managed internally by officers through WALGA’s eQuotes preferred supplier procurement system. Services are intended to be obtained through the WALGA Preferred Supply Panel for Natural Disaster Engineering (WANDRRA), contract number 3241 Short-form Member Contract Engineering Consulting Services.

In accordance with Council’s Purchasing Policy 2.1.2, six quotations were sought, with 4 submissions received by the closing date. Submissions have been evaluated against compliance criteria and all quotations were assessed as compliant.

Value for Money Assessment

In accordance with Council’s Purchasing Policy 2.1.2, officers utilised a value for money assessment to determine the most advantageous quotation through a formal evaluation process including three panel members consisting of Shire officers. This included an assessment of the following qualitative criteria:

· Relevant Experience – 10%

· Key Personnel Skills and Experience – 10%

· Respondence Resources –10 %

· Demonstrated Understanding – 15%

· Price – 55%

A detailed description of the quotation evaluation process is included within the confidential evaluation report which is provided for Council’s review and information in Attachment 1. Council is requested to consider the quotations received and it is recommended that Council resolve to adopt the recommendation contained within the confidential evaluation report.

STATUTORY ENVIRONMENT

Local Government Act 1995

3.57 Tenders for providing goods or services

(1) A local government is required to invite tenders before it enters into a contract of a prescribed kind under which another person is to supply good or services.

(2) Regulations may make provision about tenders

Local Government (Functions and General) Regulations 1996

(1) Tenders are to be publicly invited according to the requirements of this Division before a local government enters into a contract for another person to supply goods or services if the consideration under the contract is, or is expected to be, more, or worth more, than $150 000 unless sub regulation (2) states otherwise.

(2) Tenders do not have to be publicly invited according to the requirements of this Division if —

(b) the supply of the goods or services is to be obtained through the WALGA Preferred Supplier Program; or

POLICY IMPLICATIONS

Purchasing 2.1.2

Local Regional Price Preference 2.1.3

FINANCIAL IMPLICATIONS

No budget allocation exists due to the nature of the natural disaster events being unforeseen. As it is necessary to urgently engage a project management consultant so works can commence, a budget amendment is proposed to create income and expense accounts for WANDRAA funded consultancy services to the full value of the services provided as contained in the confidential evaluation report in Attachment 1.

As WANDDRA funding can only be accessed in arrears, the Shire will be required to meet the costs of consultancy services provided prior to accessing income through WANDRRA. Consultancy costs incurred in 2017/18 will result in a deficit position for the Shire as income is only be able to be recouped in 2018/19 however these funds will appear as untied income when received, resulting in an overall balanced position.

Due to the timing of the events, a carryover of unexpended consultancy funds and income into the 2018/19 budget will be required.

As previously mentioned all cost associated with this engagement will be recovered through the WANDRRA claims.

RISK

The risk associated with the engagement of a consultant is that the Project Management team does not carry out the required tasks to a satisfactory standard which may result in project delays, which has the potential to affect the eligibility of claims.

This risk has been assessed as Low, having utilised WALGA’s WANDRRA preferred panel of suppliers, along with the recommended consultancy having extensive experience undertaking the project management of WANDRRA works throughout Western Australia.

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:

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.

VOTING REQUIREMENTS

Absolute Majority

Council Resolution:

(Report Recommendation)

Moved: Cr D Male Seconded: Cr C Mitchell

That Council:

1. Adopts the recommendation to award the contract to Talis Consultants at a total contract value of $450,000 subject to any required minor variations as per the confidential evaluation report for RFQ18/44 WANDRRA Restoration Works Project Manager as contained within attachment 1.

2. Approves a budget amendment to allocate $450,000 to income account 1224300 Natural Disaster Grant – Flood Damage Repairs; and

3. Approves a budget amendment to allocate $450,000 to expenditure account 122416 Flood Damage Repairs Consultant Expense.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 9/0

Attachments

Evaluation Report (Confidential to Councillors and Directors Only)

This attachment is confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)(c) as it contains “a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting”.

Minutes – Ordinary Meeting of Council 31 May 2018 Page 799 of 875

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

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: FRE02

AUTHOR: Manager Financial Services

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 10 May 2018

SUMMARY: This report presents to Council the outcomes of the Audit and Risk Committee’s meeting held 15 May 2018 and seeks consideration of adoption of the recommendations pertaining to the Audit Regulation 17 Improvement Plan Biannual Progress Report and the Quarter 3 Finance and Costing Review (FACR).

BACKGROUND

Previous Considerations

Audit Regulation 17 Improvement Plan Biannual Progress

SMC 27 June 2014 Item 9.4.6

OMC 28 August 2014 Item 10.2

OMC 27 November 2014 Item 10.3

OMC 2 June 2015 Item 10.1

OMC 26 May 2016 Item 10.3

OMC 23 February 2017 Item 10.3

OMC 25 May 2017 Item 10.1

OMC 22 February 2018 Item 10.4

2017/2018 Quarterly Finance and Costing Review

OMC 29 June 2017 Item 9.4.4

OMC 19 Oct 2017 Item 9.4.3

OMC 22 February 2018 Item 10.4

Audit Regulation 17 Improvement Plan Biannual Progress

The Local Government Audit Regulations 1996 (the Regulations) include reviewing the appropriateness and effectiveness of a local government's risk management systems and procedures. Specifically, Audit Regulation 17 (Audit Reg. 17) requires the Chief Executive Officer (CEO) to conduct a review and report the results to the Audit and Risk Committee (Committee) on the effectiveness of risk management, internal control and legislative compliance. The Department of Local Government and Communities Audit in Local Government Guideline No. 9 advises that the review can be undertaken either on an internal or external audit basis.

Initially the Shire of Broome appointed an external auditor to conduct a third party review of organisational practices in accordance with updated legislation contained within Audit Reg. 17. The Audit Reg. 17 Review Audit produced a comprehensive Risk Management Improvement Plan (Improvement Plan) separated into the three main compliance areas; Risk Management (RM), Legislative Compliance (LC) and Internal Controls (IC).

The Shire’s Risk Technical Advisory Group (TAG) effect the framework components identified in the Improvement Plan. The TAG enables the Shire to fulfil its responsibilities in relation to reporting on risk management, internal control, and legislative compliance. The Improvement Plan action items contained within the Regulation 17 Review are allocated to members within the TAG and prioritised in accordance with organisational need and capacity. The TAG meets monthly to review and update specific actions contained in the Improvement Plan and report to the Executive Management Group (EMG) and Council.

2017/2018 Quarter 3 Finance and Costing Review

The Shire of Broome has carried out its 3^rd Quarter Finance and Costing Review (FACR) for the 2017/18 Financial Year. This review of the 2017-2018 Annual Budget is based on actuals and commitments for the previous nine months of the year from 1 July 2017 to 31 March 2018, and forecasts for the remainder of the financial year.

This process aims to highlight over and under expenditure of funds for the benefit of Executive and Responsible Officers to ensure good fiscal management of their projects and programs.

Once this process is completed, a report is compiled identifying budgets requiring amendments to be adopted by Council. Additionally, a summary provides the financial impact of all proposed budget amendments to the Shire of Broome’s adopted end-of-year forecast, in order to assist Council to make an informed decision.

It should be noted that the 2017/2018 annual budget was adopted at the Ordinary Meeting of Council on 29 June 2017 as a balanced budget. There have been further amendments adopted by Council as part of the Annual Financial Statements for the use of additional carried forward surplus and as part of 1^st& 2^nd Quarter FACR. The result of all amendments prior to the 3^nd Quarter FACR is $136,397 deficit upon the Shire of Broome’s forecast end of year position.

COMMENT

Audit Regulation 17 Improvement Plan Biannual Progress

The biannual report has previously identified actioned items as detailed in the Improvement Plan with a report provided to the Committee in May and November each year, after endorsement by EMG. Due to the Ordinary Local Government election held in October 2017 and appointments to Committees not being considered until the November OMC, the presentation of the biannual report to the Committee was delayed until February 2018. This has meant that it has only been 3 months since this report was last presented. The following indicates action item progress made during this period:

Framework Component Improvements

LC1.1

Code of Conduct

Officer Comment: The Code of Conduct was reviewed and adopted by Council at the OMC held 26 April 2018. To complete this action a Statement of Business Ethics is to be developed for suppliers and contractors with an additional document being developed for Volunteers. These documents will outline the Shire’s ethical standards and make clear the expectation of standards that apply in dealings with the Shire.

LC2.1

Purchasing Policy

Officer Comment: Whilst no action was required under the Improvement Plan the policy is being reviewed following the release of the revised WALGA Model Purchasing Policy and will be presented to Council. A comprehensive review has also been undertaken of procurement activities and procedures.

In addition, the TAG reviewed the Improvement Plan and it is proposed that a number of actions be transferred to the organisational Risk Profile Register. This combines the Improvement Plan and Risk Profile Register to provide one reporting tool. By transitioning the Improvement Plan to the Risk Profile Register it ensures continued review of the Risk Profile Register as it focuses on organisational risks. The TAG will continue to identify and prioritise actions from the Risk Profile Register and biannual reports will be presented to the Committee and Council.

For future reporting it is proposed to transfer the following items from the Improvement Plan to the Risk Profile Register, with the first report being presented to the Committee in November. It is intended that the manner in which officers report against Regulation 17 will reflect a more risk based approach in determining our internal controls and legislative compliance and will provide more meaningful risk based reporting to the Committee and Council. Attached is the Risk Dashboard Report which will be provided to the Committee and Council as an attachment to future reports.

No.	Framework Components
RM2.2	Insurance Strategy or Policy Officer Comment: Development of an Insurance Strategy or Policy to provide clarity on issues such as the level of self insurance, the adequacy of cover and the basis of the valuation of insured assets. Proposed to be transferred to section 3 of the Risk Register as an outstanding action.
RM2.3	Staff Housing Policy Officer Comment: A review of the Staff Housing policy is in progress. Proposed to be transferred to section 5 of the Risk Register as an outstanding action.
RM3.3	Business Continuity Plan Officer Comment: Draft document requires final review and amendments to ensure suitability and effectiveness. Proposed to be transferred to section 2 of the Risk Register as an outstanding action.
RM3.6	Local Emergency Management Plan 2014 Draft Officer Comment: Following training provided on Managing Recovery Activities the Local Emergency Management Plan is being reviewed and will be tested once finalised. Proposed to be transferred to section 2 of the Risk Register as an outstanding action.
RM3.8	Workforce Plan Officer Comment: The Workforce Plan is under review. Proposed to be transferred to section 5 of the Risk Register as an outstanding action.
RM3.12	Emergency Response Procedures Shire Buildings Officer Comment: Organisational responsibility for this action currently being reviewed. Procedures have been drafted for the Administration Building however require a review following the refurbishment. Proposed to be transferred to section 2 of the Risk Register as an outstanding action.
RM3.14	Information System Plans Officer Comment: Interim solution by relocating a replica of our current system to the Civic Centre. The backup is then copied offsite on a continuous basis. The development of Information System Plans will be considered as part of the Business Continuity Plan. Proposed to be transferred section 11 of the Risk Register as an outstanding action.
RM3.15	Volunteer and Contractor Inductions Officer Comment: LGIS contractor inductions completed, and future inductions will be conducted as required. Online staff contractor and volunteer inductions to be developed. Proposed to be transferred to section 14 of the Risk Register as an outstanding action.
RM4.2	Monitoring Compliance Officer Comment: As this is ongoing it is proposed to be transferred to section 3 of the Risk Register Controls to ensure continual monitoring.
RM5.2	Risk Management Training Officer Comment: Risk Management Training funds assigned through annual budget process for 17/18. As this requires annual consideration it is proposed to be transferred to section 5 of the Risk Register Controls.
LC1.1	Code of Conduct Officer Comment: A Statement of Business Ethics is to be developed for suppliers and contracts and a further document developed for Volunteers. Proposed to transfer document for Volunteers to section 3 and Statement of Business Ethics for business and service providers to section 15 of the Risk Register as outstanding actions.
LC2.1	Purchasing Policy Officer Comment: As previously indicated the purchasing policy is currently being reviewed following the release of the WALGA Model Purchasing Policy. Proposed to transfer to section 3 of the Risk Register.
LC3.1	Communications Officer Comment: This action relates to the obligation for contractors and volunteers to report compliance breaches. Proposed to transfer to section 3 of Risk Register as an outstanding action.
IC2.3	Internal Audit Officer Comment: As the level of documented procedures increases, an expanded internal audit function to confirm adherence to documented policies and procedures may be required. Proposed to be transferred to section 3 of the Risk Register to enable monitoring.
IC3.3	Documented Procedures Officer Comment: Standard operating procedures exist for selected, but not all, financial procedures. Procedure documentation is being developed by officers where it does not currently exist. Proposed to be transferred to section 4 of the Risk Register to monitor completion.
IC3.9	Workflow Diagrams Officer Comment: In conjunction with the development of documented procedures and checklists, development of workflow diagrams may assist in clearly identifying controls and processes to be followed. Proposed to be transferred to section 4 of the Risk Register to enable monitoring.
IC4.1	Monitoring Officer Comment: December 2016 review completed by external consultant. While internal review is recommended current resources do not permit the development of an internal audit function. An external consultant will provide a biennial review as per the Audit Reg 17 regulations with ongoing risk management functions monitored by the Risk TAG. Next external audit review December 2018. Proposed to be transferred to section 3 of the Risk Register to enable monitoring.

2017/2018 Quarter 3 Finance and Costing Review

The 3^rd Quarter FACR commenced on 19 April 2018 and involved a rigorous review of all budget accounts. The FACR process has identified a surplus of $500,400 of which $360,892 was identified as organisational savings. This was achieved by a rigorous analysis of our programs to identify where savings could be made.

Should Council approve the proposed budget amendments, the result of this process is a surplus of $139,508 to offset the $136,397 deficit from previously adopted amendments resulting in a net surplus forecast financial position of $3,111 to 30 June 2018. This surplus is achieved after transferring $360,892 of Organisational Savings to reserve.

It should also be noted that this figure represents a budget forecast should all expenditure and income occur as expected. It does not represent the actual end-of-year position which can only be determined as part of the normal Annual Financial processes at the end of the financial year.

A comprehensive list of accounts is included for perusal by Council, summarised by Directorate, resulting in a FACR Q3 position as follows:

	SHIRE OF BROOME SUMMARY REPORT
	BUDGET IMPACT
	2017/18 Adopted Budget (Income) / Expense	FACR Q3 (Income) / Expense (Org. Savings not subtracted)	FACR Q3 Org. Savings (by Department)	FACR Q3 Impact (Inc.) / Exp. (Org. Savings subtracted)	YTD Budget Amendments (Income) / Expense	YTD Impact (Org. Savings Subtracted)
Executive - Total	0	(121,230)	(119,730)	(1,500)	0	(1,500)
Corporate Services - Total	0	(122,354)	(103,575)	(18,779)	(14,825)	(33,604)
Economic & Development - Total	0	48,331	59,000	(10,669)	5,853	(4,816)
Infrastructure Services - Total	0	(305,147)	(196,587)	(108,560)	122,869	14,309
OMC adopted amendments	0	0	0	0	22,500	22,500
Net impact of Org. Savings/Expenditure	0	0	0	0	0	0
	0,000*	(500,400)	(360,892)	(139,508)	136,397†	(3,111)

CONSULTATION

Audit Regulation 17 Improvement Plan Biannual Progress

Nil

2017/2018 Quarter 3 Finance and Costing Review

All amendments have been proposed after consultation with Executive and Responsible Officers at the Shire.

STATUTORY ENVIRONMENT

Local Government (Financial Management) Regulation 1996

r33A. Review of Budget

(1) Between 1 January and 31 March in each financial year a local government is to carry out a review of its annual budget for that year.

(2A) The review of an annual budget for a financial year must —

(a) consider the local government’s financial performance in the period beginning on 1 July and ending no earlier than 31 December in that financial year; and

(b) consider the local government’s financial position as at the date of the review; and

(c) review the outcomes for the end of that financial year that are forecast in the budget.

(2) Within 30 days after a review of the annual budget of a local government is carried out it is to be submitted to the council.

(3) A council is to consider a review submitted to it and is to determine* whether or not to adopt the review, any parts of the review or any recommendations made in the review.

*Absolute majority required.

(4) Within 30 days after a council has made a determination, a copy of the review and determination is to be provided to the Department.

Local Government Act 1995

6.8. Expenditure from municipal fund not included in annual budget

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

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

b) is authorised in advance by resolution*; or

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

(1a In subsection (1) —

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

Local Government (Audit) Regulations 1996

16. Audit committee, functions of

An audit committee —

(a) is to provide guidance and assistance to the local government —

(i) as to the carrying out of its functions in relation to audits carried out under Part 7 of the Act; and

(ii) as to the development of a process to be used to select and appoint a person to be an auditor;

and

(b) may provide guidance and assistance to the local government as to —

(i) matters to be audited; and

(ii) the scope of audits; and

(iii) its functions under Part 6 of the Act; and

(iv) the carrying out of its functions relating to other audits and other matters related to financial management; and

(c) is to review a report given to it by the CEO under regulation 17(3) (the CEO’s report) and is to —

(i) report to the council the results of that review; and

(ii) give a copy of the CEO’s report to the council.

17. CEO to review certain systems and procedures

(1) The CEO is to review the appropriateness and effectiveness of a local government’s systems and procedures in relation to —

(a) risk management; and

(b) internal control; and

(c) legislative compliance.

(2) The review may relate to any or all of the matters referred to in subregulation (1)(a), (b) and (c), but each of those matters is to be the subject of a review at least once every 2 calendar years.

(3) The CEO is to report to the audit committee the results of that review.

POLICY IMPLICATIONS

Audit Regulation 17 Improvement Plan Biannual Progress

2.1.1 Legislative Compliance

2.1.4 Risk Management

2.2.1 Internal Controls

2017/2018 Quarter 3 Finance and Costing Review

2.2.2 Materiality in Financial Reporting

It should be noted that according to the materiality threshold set in Policy 2.2.2 Materiality in Financial Reporting, should a deficit achieve 1% of Shire’s operating revenue ($376,296) the Shire must formulate an action plan to remedy the over expenditure.

FINANCIAL IMPLICATIONS

Audit Regulation 17 Improvement Plan Biannual Progress

The Shire has received membership funds from the Local Government Insurance Scheme (LGIS) which has been allocated as a genuine rollover to fund organisational Risk Initiatives.

The financial implications of actioning individual items contained in the Risk Register will be implemented using existing, internal resources. If any additional resources are required they will be progressed via the quarterly Finance and Costing Review or presented to Council for consideration.

2017/2018 Quarter 3 Finance and Costing Review

The net result of the 3rd Quarter FACR estimates is a budget surplus position of $3,111 to 30 June 2018 after quarantining $360,892 of organisational savings.

RISK

Audit Regulation 17 Improvement Plan Biannual Progress

Nil

2017/2018 Quarter 3 Finance and Costing Review

The Finance and Costing Review (FACR) seeks to provide a best estimate of the end-of-year position for the Shire of Broome at 30 June 2018. Contained within the report are recommendations of amendments to budgets which have financial implications on the estimate of the year end position.

The review does not, however, seek to make amendments below the materiality threshold unless strictly necessary. The materiality thresholds are set at $10,000 for operating budgets and $20,000 for capital budgets. Should a number of accounts exceed their budget within these thresholds, it poses a risk that the predicted final end-of-year position may be understated.

In order to mitigate this risk, the CEO enacted the FACRs to run quarterly and executive examine each job and account to ensure compliance. In addition, the monthly report provides variance reporting highlighting any discrepancies against budget.

It should also be noted that should Council decide not to adopt the recommendations, it could lead to some initiatives being delayed or cancelled in order to offset the additional expenditure associated with running the Shire’s operations.

STRATEGIC IMPLICATIONS

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

Effective communication

Affordable services and initiatives to satisfy community need

Accessible and safe community spaces

A healthy and safe environment

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

Responsible resource allocation

Effective community engagement

Retention and attraction of staff

Improved systems, processes and compliance

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(COMMITTEE RECOMMENDATION 1)

That Council:

1. Notes the progress on Improvement Plan actions as contained within the report;

2. Endorses the transition from the Audit Regulation 17 Improvement Plan to the Risk Profile Register as detailed for future reporting; and

3. Notes a Risk Dashboard Report will be presented to subsequent Audit and Risk Committee Meetings.

Moved: Cr D Male Seconded: Cr C Mitchell

VOTING REQUIREMENTS

Absolute Majority

Council Resolution:

(COMMITTEE RECOMMENDATION 2)

That Council:

1. Receive the 3^rd Quarter Finance and Costing Review Report for the period ended 31 March 2018;

2. Adopts the operating and capital budget amendment recommendations for the period ended 31 March 2018 as attached; and

3. Notes a forecast end-of-year position to 30 June 2018 of a $3,111 surplus position.

4. Approves a budget transfer to the Public Open Space Reserve of $353,892 to quarantine potential surplus funds at the end of the financial year; and

5. Approves a budget transfer to the Equipment Reserve of $7,000 to quarantine potential surplus funds at the end of the financial year.

CARRIED UNANIMOUSLY BY ABSOULTE MAJORITY 9/0

Moved: Cr H Tracey Seconded: Cr M Fairborn

1.	Audit and Risk Committee Minutes 15 May 2018

Minutes – Ordinary Meeting of Council 31 May 2018 Page 851 of 875

11. Notices of Motion

11.1 SHINJU REQUEST FOR FUNDING

The following Notice of Motion was submitted by Cr Harold Tracey with Officer comment by Manager Community and Economic Development.

COUNCILLOR COMMENT / BACKGROUND

At the Ordinary Meeting of Council (OMC) held 26 April 2018, Council considered Item 9.2.8 – Events Economic and Tourism Development Program.

The report recommendation for this item was as follows:

REPORT RECOMMENDATION:

That Council:

1. Supports the following applications within the available funds in the 2018/19 budget, as follows:

a) Ardyaloon Incorporated - to the value of $5000, for the purpose of design, construction or approval fees.

b) Broome Bowling Club - to the value of $4000, for the purpose of event shirts or prizes.

c) Broome Chamber of Commerce - to the value of $12,500, for the purpose of $10,000 for the Kimberley Economic Forum and $2,500 for the Love Broome Expo.

d) Broome Fishing Club - to the value of $5,000, for the purpose of advertising.

e) Broome Turf Club - to the value of $29,800 for the purpose of Banner Hire (In-kind $9,800 plus administration fee of 15%) and entertainment and marketing ($20,000).

f) Cable Beach Polo Pty Ltd - to the value of $13,319, for the purpose of in kind services ($8,319 application fees and venue hire plus administration fee 15%) and Cash ($5,000).

g) Fat Bike Championships Inc. - to the value of $2,000, for the purpose of marketing and promotion.

h) Fit Events - to the value of $2,500, for the purpose of marketing and promotion.

i) Saltwater Country - to the value of $30,000, for the purpose of marketing and promotion.

j) Shinju Matsuri - to the value of $82,000 in the 2018/19 and 2019/20 financial years, for the purpose of In-kind services ($6,059 Parks and Gardens, $19,441 Fees and venue hire including banner hire plus administration fee 15%), Acquisitive art prize ($8,000) and Cash ($48,500). The 2019/20 financial year’s funding is dependant on a full and complete acquittal of the 2018/19 year’s funding as per the Tourism Development Funding Program Guidelines.

k) Theatre Kimberley - to the value of $10,286, for the purpose of In-kind services $8,286 (fees and venue hire plus administration fee 15%) and Cash ($2,000) for marketing.

2. Requests that the Chief Executive Officer negotiate funding agreements with each recipient to agree upon recognition requirements to acknowledge the Shire’s contribution.

3. Funding in Point 1 above is granted subject to adherence to the Economic, Events and Tourism Development Funding Program Guidelines.

However, it is noted that Council resolved:

COUNCIL RESOLUTION:

Moved: Cr B Rudeforth Seconded: Cr C Mitchell

That Council:

1. Supports the following applications within the available funds in the 2018/19 budget, as follows:

a) Ardyaloon Incorporated - to the value of $5000, for the purpose of design, construction or approval fees.

b) Broome Bowling Club - to the value of $4000, for the purpose of event shirts or prizes.

c) Broome Chamber of Commerce - to the value of $12,500, for the purpose of $10,000 for the Kimberley Economic Forum and $2,500 for the Love Broome Expo.

d) Broome Fishing Club - to the value of $5,000, for the purpose of advertising.

e) Broome Turf Club - to the value of $29,800 for the purpose of Banner Hire (In-kind $9,800 plus administration fee of 15%) and entertainment and marketing ($20,000).

f) Cable Beach Polo Pty Ltd - to the value of $13,319, for the purpose of in kind services ($8,319 application fees and venue hire plus administration fee 15%) and Cash ($5,000).

g) Fat Bike Championships Inc. - to the value of $2,000, for the purpose of marketing and promotion.

h) Fit Events - to the value of $2,500, for the purpose of marketing and promotion.

i) Saltwater Country - to the value of $30,000, for the purpose of marketing and promotion.

j) Shinju Matsuri - to the value of $82,000 in the 2018/19 financial year, including the following conditions:

(i) In-kind services including the following allocations to the value of $6,059 for parks and gardens services, $19,441 fees and venue hire plus administration fee of 15%

(ii) Cash contribution of $8,000 for the Shinju Art Awards Acquisitive Art Prize

(iii) Cash contribution of $48,500 for the purpose of event infrastructure, staging or advertising only, excluding administration of event coordination fees

(iv) The applicant meets all other requirements as per the Events, Economic Development and Tourism Funding Guidelines.

(v) Provision of audited financial reports for the 2018 Shinju Festival detailing;

· Total income and expenditure for the 2018 Shinju festival, including event management expenditure

· Total income allocations and key items of expenditure for each sub-event of the overall festival

· Itemised breakdown of expenditure of Shire of Broome funding, supported by supplier invoices as evidence of expenditure of the Shire’s cash contribution

k) Theatre Kimberley - to the value of $10,286, for the purpose of In-kind services $8,286 (fees and venue hire plus administration fee 15%) and Cash ($2,000) for marketing.

2. Requests that the Chief Executive Officer negotiate funding agreements with each recipient to agree upon recognition requirements to acknowledge the Shire’s contribution.

3. Funding in Point 1 above is granted subject to adherence to the Economic, Events and Tourism Development Funding Program Guidelines.

CARRIED UNANIMOUSLY 7/0

Reason: To note the financial standing of Shinju Matsuri Inc and to request more detailed financial reporting should Shinju Matsuri be successful in obtaining Shire funding for the 2018 event.

COUNCILLOR COMMENT

Background

The Economic, Events and Tourism Development Funding program (EEDTF) has been developed to provide funds to assist organisations within the Shire of Broome to develop economic, events and tourism projects and initiatives that benefit the local community.

Applications opened for the EETDF program on 15 January 2018 and ran for an 8 week period, closing on 16 March 2018.

Applicants could apply for and be considered for a maximum amount of $70,000 cash, and in-kind support to a maximum value of $30,000, inclusive of 15% allocation for officer time for coordination. The total amount requested could not exceed 50% of the total project cost. Applications demonstrating exceptional circumstances could request support over and above these parameters.

A total of $196,465 was available for allocation through the EEDTF.

Shinju Matsuri

Shinju has received Shire support under previous Memorandum of Understanding Agreements (MOUs). The amounts previously received are detailed in the table below:

	9/10	10/11	11/12	12/13	13/14	14/15	15/16	16/17	17/18
Cash	25,000	60,000	30,000	30,000	60,000	60,000	60,000	60,000	60,000
In-kind	5,250	8,754	19,211	11,209	42,065	50,000	50,000	50,000	50,000
Additional		144	10,618	3,769
Acquisitive Art prize	7,000	7,000	7,000	7,000	7,000	8,000	8,000	8,000	8,000
Storage	1,000	1,000	1,000	1,000	1,000	1,000	1,000	1,000

TOTAL	38,250	76,898	67,829	52,978	111,065	119,000	119,000	119,000	118,000

With the expiry of the most recent MOU, Shinju was required to submit an application to the EETDF to seek further funding. Shinju lodged a request for support to the value of $136,000 comprising of $78,000 cash contribution, $8,000 Shinju Art Awards Acquisitive Prize and $50,000 in-kind value.

While Shinju were supported for the largest allocation under the EEDTF, they did not receive all the funding they requested. Instead, they have been approved for $82,000 comprising of $48,500 cash, $8,000 for the Shinju Art Awards Acquisitive Prize and $25,500 in-kind.

Following a discussion with the President of Shinju Matsuri, I sought further clarification on the detail of their original request and the impact the Council’s decision would have on this year’s event. Given Shinju had based preparations for their 2018 festival on funding provided in previous years, the reduction in funding would impact this year’s event. It has become evident that the in-kind contribution request has been overstated due to comparisons being made to the $50,000 2017 in-kind contribution which unfortunately included some ‘non in-kind’ contributions such as external cleaning and security services. Further, Shinju have requested in-kind for waiver of 100% of Shire event venue hire charges, when Council already provides a 50% fee waiver for not-for-profit groups.

Based on discussions with Shinju, their Event Coordinator, Project 3 and further detailed information provided by Council officers it is proposed to increase the in-kind contribution to Shinju by further $2,200 to ensure all true in-kind expenses are captured, including a contingency for preparation of traffic management plans. Shinju currently have an in-kind request for this service through a local contractor however an outcome is pending.

Further to this adjustment, it is also requested Council consider increasing the cash contribution to this event. Some of the additional funds requested by Shinju are due to the need to cover expenses for cleaning and security which were previously accounted for as in-kind. In addition, this notice of motion acknowledges the exceptional benefits offered by this event, including:

· The 2017 Shinju Matsuri Festival delivered benefits of over $5 million as demonstrated by a Tourism WA Economic Impact Survey.

· Shinju is the longest running Arts and Cultural event in the Kimberly Area and is a significant community and tourism event.

This notice of motion proposes that the cash component of the allocation to Shinju is increased by $20,500. This would result in a $69,000 cash contribution in comparison to the requested $78,000 and Council approved $48,500.

The notice of motion also proposed that the in-kind component of the allocation to Shinju is increased by $2,200. This would result in a $27,700 in-kind contribution in comparison to the requested $50,000 and Council approved $25,500.

The previous Council resolution was to allocate Shinju a total of $82,000 (cash, in-kind and Acquisitive Art Award). Allocating the additional $20,500 in cash and $2,200 in-kind would bring the Shire’s total contribution up to $104,700.

The increased amount ensures momentum is continued in the lead up to the festival’s 50^th anniversary in 2020.

OFFICER COMMENT

In relation to notices of motion, the Shire of Broome Standing Orders Local Law 2003 states as follow in clause 3.10:

(1) Unless the Act, Regulations or these Standing Orders otherwise provide, a member may raise at a meeting such business as he or she considers appropriate, in the form of a motion, of which notice has been given in writing to the CEO.

(2) A notice of motion under subclause (1) is to be given at least four (4) clear working days before the meeting at which the motion is moved.

(3) A notice of motion is to relate to the good government of persons in the district.

(4) The CEO –

(a) with the concurrence of the President, may exclude from the notice paper any notice of motion deemed to be out of order; or

(b) may on his or her own initiative make such amendments to the form but not the substance thereof as will bring the notice of motion into due form; and

(c) may under his or her name provide relevant and material facts and circumstances pertaining to the notice of motion on such matters as policy, budget and law.

(5) No notice of motion is to be out of order because the policy involved is considered to be objectionable.

(6) A motion of which notice has been given is to lapse unless –

(a) the member who gave notice thereof, or some other member authorised by him or her in writing moves the motion when called on; or

(b) the Council on a motion agrees to defer consideration of the motion to a later stage or date.

(7) If a notice of motion is given and lapses in the circumstances referred to in subclause (6)(a), notice of motion in the same terms or the same effect is not to be given again for at least 3 months from the date of such lapse.

In accordance with subclause 3.10(4)(c), officers have provided the response below. The majority of this information has been sourced from the following reports previously presented to Ordinary Meetings of Council:

OMC 14 December 2017 Item 9.3.3

OMC 26 April 2018 Item 9.2.8

Review of Shire of Broome Community Funding

In late 2017 officers undertook a review of the Shire of Broome’s cash and in-kind sponsorship through established funding programs and other agreements. The intent of the review was to analyse the Shire’s sponsorship model and identify opportunities for streamlining and improvement for Council, administration, applicants and recipients. Processes were also examined to determine the current levels of accessibility, transparency and clarity.

The following key findings were identified as part of the review:

1. Over the last financial year, the Shire provided over $500,000 of funding support to community and other organisations by way of cash and in-kind support, with $212,390 of this funding falling outside of the formal funding streams and with the agreements spanning over multiple years.

2. The review clearly identified that the current funding streams, guidelines and processes are not accommodating the variety of requests and requirements of funding applicants. The Shire has traditionally entered into stand-alone agreements for these applications if they are approved.

3. While there are several clearly defined opportunities to seek funding from the Shire, an increasing number of unsolicited or ad hoc requests are also received each year outside of established funding rounds. Some of these additional requests are based on historical partnerships, or fall outside of the current funding framework.

Based on these findings, the preferred option was to improve the current funding model to ensure that it is fair, transparent, accessible and equitable for all potential applicants. This was progressed by officers with the development of the new Economic, Events and Tourism Development Funding (EETDF) Program, implemented as an annual round.

Economic, Events and Tourism Development Funding Program

The review of the Shire’s Community Funding and the proposed EETDF Program was presented to Council at a Councillor Workshop held on 22 November 2017 (attended by Councillors Harold Tracey, Desiree Male, Mala Fairborn, Warren Fryer, Chris Mitchell and Philip Matsumoto). Councillors were provided with a presentation which included:

· Scope for review of the Shire’s Community investment based on a focus on consistency, clarity and transparency.

· Key findings from the review which supported the creation of a new funding stream.

· Summary of the proposed EETDF Program including its aims to capture historical and ad hoc requests from new, existing and previous applicants.

· Details of previous and then current recipients of Shire funding whose applications would be likely to fall into the proposed EETDF Program.

Discussions regarding the proposed changes have been held with members of the Economic Development Advisory Committee (EDAC) and current/future funding recipients.

This consultation clarified the proposed process, and positive feedback was received from both internal and external stakeholders regarding the improved consistency and transparency offered by the proposed process.

A report was subsequently put to the Ordinary Meeting of Council held on 14 December 2017 as Item 9.3.3 – Economic, Events and Tourism Development Funding Program. This report sought Council’s consideration of the implementation of the EETDF Program. The report detailed the review process, and noted the program had been developed to provide support to eligible projects, activities and events which deliver tangible outcomes for the Shire and align with the Shire’s Strategic Community Plan 2017 – 2027.

At this meeting, Council made the following resolution:

Council Resolution:

(Report Recommendation)

Moved: Cr C Marriott Seconded: Cr C Mitchell

That Council endorses the creation of the Economic, Events and Tourism Development Funding Program and:

(a) Adopts the Economic, Events and Tourism Development Funding Program Guidelines as shown in Attachment 1.

(b) Considers allocating a total budget of $192,000 ($105,000 cash and $87,000 in kind) for distribution through the Funding Program as part of the 2018/19 budget process.

(c) Endorses the allocation of remaining funds in accordance with the Tourism Administration Policy to the Economic, Events and Tourism Development Funding Program.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 6/0

2018/19 Economic, Events and Tourism Development Funding Program

Applications opened for the EETDF program on 15 January 2018 and ran for an 8 week period, closing on 16 March 2018. The EETDF program was marketed through the Shire of Broome website and Facebook page, the Broome Advertiser, a media release and direct marketing to a database of community contacts.

The total value of the funds available for the EETDF consists of a split of municipal funds ($156,465) and the balance ($40,000) left after initial allocations under the Tourism Administration Policy to the Broome Visitor Centre ($100,000) and Australia’s North West ($175,000). During the budgeting processes an additional $4,465 was found to be available for this funding program and this forms part of the municipal allocation.

Based on an estimated $40,000 to be transferred from the Tourism Administration Policy, there was a total of $196,465 in funding available. A total of 14 applications with a total value of $719,536 were received at the close of the application period.

Assessment Process

Officers undertook a review of each application against the funding Guidelines. The process included assessment against the eligibility and assessment criteria and the Shire of Broome strategic documents to identify where each application aligned to the Shire’s set objectives.

Applications were further assessed to ensure the funds being requested met the funding Guidelines in relation to the proposed use of the funds. Where applicants had proposed use of the funds for expenditure that is excluded by the Guidelines, the amount that the applicants were eligible for was reduced by that amount. These exclusions include:

· Overhead labour or project management costs including wages/salaries or administration fees;

· Recurring maintenance or operational costs of existing programs or facilities;

· Interstate and overseas travel; and

· Fundraising to support the provision of community grants or donation programs by the applicant.

During this process, 3 applications were found not to meet 1 or more of the Essential Eligibility Criteria or Assessment Criteria, or were requesting funding for costs that are not able to be funded as part of this program.

Officers then further considered the applications to identify those that could demonstrate the capacity to deliver economic, events and tourism outcomes that benefit the local community. As part of the process officers considered the amount of funding to be granted not only to each applicant, but the most fair and equitable process for allocating the total package of funds. The outcome of the full assessment process was compiled into an Evaluation and Recommendations Report, which was distributed to both the EDAC and Council.

As part of the assessment process, officers also analysed the value of in-kind services and fee waivers requested by applicants to ensure accuracy and alignment with fees, charges and the resulting quotations. The in-kind request was then gauged against the EEDTF eligibility criteria for conformity, and a total confirmed to guide the maximum allocation.

Application for the 2018 Shinju Festival

An application was received from Shinju as part of the EEDTF process requesting support to the value of $136,000 comprising of $78,000 cash contribution, $8,000 Shinju Art Awards Acquisitive Prize and $50,000 in-kind value.

While Shinju were supported for the largest allocation under the EEDTF Program, they did not receive all the funding they requested. Instead, Council endorsed the recommendation of officers and allocated $48,500 cash, $8,000 for the Shinju Art Awards Acquisitive Prize and $25,500 in-kind for the 2018 festival.

It is noted that Shinju Matsuri requested funding over a period of 3 years. The Guidelines for the EETDF Program allows for funding to be allocated over a maximum of 2 years. Therefore, officers recommended funding to Shinju for 2 years, in accordance with the Guidelines.

Shinju’s request for a larger amount and a longer funding period could be considered by Council, but given the level of initial interest and competition for funding, officers were reluctant to recommend that Council provide support for requests that sit outside the Guidelines in terms of length of agreement or total cash or in-kind allocation.

Shinju was granted in-kind services to the value of $50,000 for the 2017 festival. This included traffic management services to the value of $15,799 of which only $6,515 was utilised. Also included was waste management and labour to the value of $6,808 of which $12,610 value was utilised. This balanced with the under-expenditure in traffic management services. Overall, approximately $4,457 of in-kind services were not utilised by the 2017 festival.

In the case of Shinju’s 2018 request, a total of $50,000 was requested for the provision of venue hire, application fees and waste management over a number of events comprising the entire festival. When compared to Shire quotes and the EEDTF criteria, officers determined that Shinju’s request exceeded the real cost of the services required for the festival. Therefore, the recommendation was that Council approve in-kind of $25,500, which was considered to cover the real cost of the requested in-kind.

It is noted in the background of the notice of motion that Shinju has requested an additional $2,200 of in-kind for traffic management plan contingency. It is noted this is a subsequent request that was not included in Shinju’s original application.

The recommended allocation of $48,500 cash contribution was made based on budgetary constraints due to the significant number of competing applications for the same funding pool.

The proposed addition cash and in-kind contributions falls within the EEDTF guidelines for individual applicants, however if endorsed by Council the total EEDTF allocation would exceed the total budget of $196,465.

The notice of motion is not suggesting reducing or revising any other allocations in the EEDTF. However, it is noted that there is a risk that other applicants who did not receive the full amount requested may approach Council seeking an increase in their allocations should the additional amount be allocated to Shinju.

COUNCILLOR RECOMMENDATION:

That Council:

1. Makes the additional contribution of $20,500 cash and $2,200 in-kind per annum to the 2018/19 and 2019/20 funding of the Shinju Matsuri Festival.

2. Requests the Chief Executive to renegotiate Shinju Matsuri’s funding agreement to reflect the increased cash contribution and recognition requirements; and confirm the purpose of expenditure including but not limited to event infrastructure, staging or advertising with the exclusion of event coordination fees.

3. Requests the Chief Executive Officer to include the additional contribution of $20,500 cash and $2,200 in-kind in the 2018/19 Budget

The Councillor Recommendation was moved by the Shire President.

Cr M Fairborn seconded the motion.

Cr D Male foreshadowed she had an alternate motion should this motion not be passed.

The Shire President advised he had an amendment to line one of the motion for the contribution to be for 2018/19 only.

The amendment was accepted by the seconder and the motion put to the vote.

Council Resolution:

That Council:

1. Makes the additional contribution of $20,500 cash and $2,200 in-kind per annum to the 2018/19 funding of the Shinju Matsuri Festival.

3. Requests the Chief Executive Officer to include the additional contribution of $20,500 cash and $2,200 in-kind in the 2018/19 Budget

12. Business of an Urgent Nature

Nil

Minutes – Ordinary Meeting of Council 31 May 2018 Page 862 of 875

The Chairman advised he had accepted two items of Business of an Urgent Nature.

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

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: ARA01; ARA12

AUTHOR: Manager Financial Services

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 25 May 2018

SUMMARY: A local government is required to consider any public submissions received in response to Council’s request for submissions regarding Council’s intention to impose the 2018/19 differential rates and minimum payments under section 6.36(4) of the Local Government Act 1995 (LGA). The proposed differential rates and minimum payments have been advertised for local public notice seeking public comment for not less than 21 days, ending 24 May 2018.

The purpose of this report is to present to Council the details of submissions received for consideration following the statutory local public notice period and prior to adoption of the 2018/2019 Annual Budget.

Council is requested to authorise the Chief Executive Officer (CEO) to make an application to the Minister for Local Government and Communities for approval:

1. To impose differential general rates under section 6.33(3) of the LGA that are more than twice the lowest differential rate being imposed; and

2. To impose a minimum payment on vacant land that applies to a greater percentage of vacant properties than is allowed under section 6.35(5) of the LGA.

BACKGROUND

Previous Considerations

OMC 8 May 2008 Item 9.4.5

OMC 17 December 2008 Item 9.4.3

OMC 2 September 2009 Item 9.4.5

OMC 14 April 2011 Item 9.2.1

SMC 13 July 2011 Item 9.3.1 & 9.3.2

OMC 19 April 2012 Item 9.4.4

SMC 24 July 2013 Item 9.4.1

SMC 28 August 2013 Item 9.4.3

SMC 27 June 2014 Item 9.4.3

OMC 18 December 2014 Item 9.3.1

SMC 16 June 2015 Item 6.3.1

SMC 23 July 2015 Item 6.4.1

OMC 28 April 2016 Item 9.3.2

SMC 10 June 2016 Item 6.4.3

OMC 30 June 2016 Item 9.4.3

SMC 4 May 2017 Item 6.4.1
SMC 7 June 2017 Item 6.4.2

OMC 26 April 2018 Item 12.2

Intention to Impose 2018/19 Differential Rates

At the Ordinary Meeting of Council (OMC) held 26 April 2018, Council resolved the following:

COUNCIL RESOLUTION:

REPORT RECOMMENDATION

That Council:

1. Publishes a local public notice proposing the 2018/2019 differential general rates and minimum payments set out in the table below and invites electors or ratepayers to lodge submissions about this proposal within 21 days from the date of notice:

*DIFFERENTIAL RATE CATEGORY*	*RATE IN THE DOLLAR* *(cents)*	*MINIMUM PAYMENT*
*Residential (GRV)*	*9.9283*	*$1,220*
*Residential – Vacant (GRV)*	*16.0727*	*$1,220*
*Commercial (GRV)*	*10.9568*	*$1,220*
*Tourism (GRV)*	*15.2390*	*$1,220*
*Mining (UV)*	*12.5464*	*$500*
*Rural (UV)*	*0.6687*	*$1,220*
*Commercial Rural (UV)*	*3.1327*	*$1,220*

2. Notes the financial year 2018/19 as the year of complete phase-out and discontinuance of concessions granted on the localities of Coconut Well, 12 Mile and properties with horticultural use;

3. Adopts the Objects and Reasons presented in Attachment 2 for each of the proposed differential general rates and minimum payments in point 1 above; and

4. Following the close of the public submission period, requests the Chief Executive Officer to report back to Council, presenting any submissions for formal consideration prior to seeking Minister’s Approval:

(a) Under Section 6.33 of the Local Government Act 1995 to impose differential rates for those rates that are more than twice the lowest differential rate.

(b) Under Section 6.35(5) of the Local Government Act 1995 to impose a minimum payment of $1220 on GRV - Residential Vacant properties as exemption to subsections 2, 3 and 4 of Section 6.35 of the Local Government Act 1995.

The report presented to Council at the 26 April 2018 OMC summarised the following matters:

1. The 2018/19 budget process to date where it was identified that $22.4M of rates revenue was required to achieve a balanced budget in 2018/19;

2. The proposed rating categories and corresponding valuations;

3. The proposed rate in the dollar for each rating category reflecting an increase equal to or less than 1.78% as compared to last financial year to balance the draft budget for 2018/19;

4. The $500 proposed minimum payments for UV Mining category and $1,200 proposed minimum payments for all other categories which remained the same as the preceding year;

5. An illustration of the proposed differential rates and minimum payments required to balance the 2018/19 budget; and

6. The required public notice of certain rates to provide an opportunity for public submissions to be considered prior to the final adoption of rates.

Following the 26 April OMC, a public notice inviting submissions on proposed differential rates was advertised in the 3 May 2018 edition of the Broome Advertiser, with the submission period closing at 4pm, Thursday 24 May 2018. Public notices were also placed on noticeboards located at the Shire of Broome Administration Centre and Library. A follow up advert was placed in the 17 May 2018 edition of the Broome Advertiser.

The Shire wrote to the 23 remaining properties in the UV – Commercial Rural rating category inviting public comments on the proposed differential rates pursuant to the requirement of the Department of Local Government, Sport and Cultural Industries (DLGSC) for rating categories with less than 30 ratepayers. A media release about the intention to impose differential rates and minimum payments was also published on the Shire’s website on 3 May 2018.

The Minister requires evidence of Council consideration of any submissions received prior to accepting the Shire’s application for exemption from section 6.33 of the LGA where the proposed UV Mining and UV Commercial differential rates are set at more than twice the base UV Rural rate and exemption from section 6.35 of the LGA where there are more than half the number of GRV Residential – Vacant properties on the minimum payment.

COMMENT

Submissions

Two submissions were received during the above notice period and are summarised below for Council consideration. The Schedule of Public Submissions as attached contains a complete response to the submissions (Attachment 1).

Submission 1: Diane Nicol, A304475

The respondent raised general concerns regarding the proposed increase in differential rates imposed by the Shire. The response referred to a number of issues, including the exclusion of properties from the requirement to pay rates, increased cost of living and increased costs of “protecting property” due to anti-social behaviour, all impacting the ability of ratepayers to meet the proposed increase.

The submission was primarily an objection to the proposed rate increase as opposed to the differential rating Objects and Reasons. Officers will respond to the submission providing details of Shire services and projects. Officers do not feel that the submission warrants any amendments to the proposed differential rating Objects and Reasons.

Submission 2: McMahon Mining Title Services Pty Ltd

The submission stated that the respondent acted “for a number of exploration and prospecting companies in WA” but did not provide any further details in relation to properties. The submission requested that Council consider including a separate UV Mining – Exploration/Prospecting differential rating category with a lower rate in the dollar providing the following reasons:

- Exploration companies are equity funded and have limited cash flow, and at the exploration/prospecting stage must invest significant funds with minimal returns.

- While mining operations may generate higher demand on Shire infrastructure and services, exploration activities are normally of low intensity and short duration and are not characterised by the same high traffic volumes or weights, or demands on Shire infrastructure and services.

Mining leases classified as ‘prospecting licences’ are exempt from both rates and the Emergency Services Levy (ESL). There are no properties currently classified as ‘prospecting licence’ within the Shire and as such these property types have not been considered in the officer response to the submission.

In relation to the proposal for an additional UV Mining – Exploration category it is important to note that the Valuer General is responsible for the valuation of all properties within a local government’s district. In accordance with the Valuation of Land Act 1978 the Valuer General determines the value of land according to its purpose or use. If mining is conducted on a tenement, then the land in question would be valued higher than if the same tenement was used for exploration purposes. This means that once the UV Mining rate in the dollar is applied, the exploration tenements will pay less in rates than a tenement that has mining occurring on it and therefore results in a fair and equitable rates methodology without the need for another differential rate in the dollar.

The Valuer General provided the following changes in rental valuations of mining leases effective 18/19. The rental valuations clearly differentiate between the different activities undertaken.

Tenement Type	Rental Valuation Change 18/19
Exploration (E)	Per block increased from $129.50 to $134
	Per square km increased from $49 to $51
	Only one block within the Shire increased from $311 to $322
General Purpose (GP)	Per hectare increased from $15.10 to $15.60
Mining (M)	Per hectare increased from $17.06 to $17.60
Prospecting (P)	Per hectare unchanged at $2.50

The following table details properties currently classified under the UV – Mining category:

Licence Type	Property Count	Rateable Value	Rates Revenue
Mining	28	$234,173	$35,210
Petroleum Exploration Permit	8	$106,019	$13,850
Exploration	26	$286,123	$38,265
Petroleum Production Licence	2	$63,152	$ 7,923
Others	1	$42,460	$5,328
General Purpose	1	$755	$500
Total	66	$ 732,682	$101,076

The proposed 2018/19 rate model contains 66 properties currently rated under the UV Mining differential rating category of which 29 will attract the minimum payment of $500 due to their relatively low valuations. There are currently 26 “Exploration” tenements of which it is proposed 6 will pay the minimum rate. The maximum 2018/19 rate proposed for the 26 Exploration tenements is $38,265.

Council should be aware that a decision to introduce a new differential rating category for UV Mining Exploration will delay the adoption of the 2018/19 budget due to the requirement to readvertise the amended Objects and Reasons. Additionally as the number of properties falling within a proposed UV Mining Exploration category would be below 30, officers would be required to write to all affected property owners prior to introducing the change.

Officers do not believe there is sufficient justification to warrant a separate rate category for exploration tenements, particularly given the nature of activities which tend to be in place for short periods of time. A uniform UV Mining rate category is preferred as it simplifies the rates model and more closely aligns with the proposed Objects and Reasons. A uniform minimum payment also ensures that all ratepayers are making an equitable contribution to the rate yield.

Section 6.36(4) of the LGA requires Council to consider any submissions received, before imposing the proposed rate in the dollar or minimum payment, with or without modification.

Ministerial Approval

Section 6.35 of the LGA requires a local government to ensure that the general rate is imposed on not less than 50% of the number of separately rated properties or 50% of the number of properties in a Differential general rate category. This has been achieved in all categories except in GRV – Residential Vacant. It is proposed that Ministerial approval be sought in this circumstance to ensure a consistent rate increase is applied to all properties within this category.

In line with previous years, Ministerial approval must also be sought in accordance with section 6.33 of the LGA for the proposed UV Mining and UV Commercial differential rating categories as these are more than twice the lowest UV Rural general rate.

Officers recommend that Council authorises the CEO to proceed with an application to the Minister with regards to the UV Mining and UV Commercial differential rating category rates in the dollar, and GRV Residential Vacant minimum payment.

UV Valuations

With the exception of UV Mining, there has been limited change in valuations of UV- properties. Valuations for UV Mining received after the 17 April 2018 Council workshop indicate an increase in property values of between 1% and 3%. With an average valuation of $11.5K each, the increased rates revenue generated by the 66 UV – Mining properties is estimated at less than $2,000 and is deemed negligible. Officers do not consider that the proposed rates model be changed.

Phase Out of Concessions

At the 26 April 2018 OMC, Council approved the complete phase-out and discontinuance of concessions granted for the localities of Coconut Well, 12 Mile and properties with horticultural use effective 2018/19. The reduced valuation of UV properties effectively encapsulates the service limitations in certain localities and results in a fair and equitable rates methodology without the need for concessions on rate in the dollar.

Rate Growth

A recent review of 2017/18 actual rates revenue revealed higher but still minimal growth in the rate base compared to original expectation primarily due to the current economic climate. As a result, officers have taken a conservative yet more optimistic approach in forecasting 2018/19 rate growth and increased the interim rate budget from $10,000 to $50,000. This reduction will effectively offset the increased yield as indicated in the rate model.

Budget Adjustments

There are also a number of financial adjustments that have occurred in the period since the 26 April OMC that have impacted the draft budget such as:

· Inclusion of Kimberley Zone of WALGA / Kimberley Regional Group accounts noting that these adjustments have a nil impact.

· Expected expenses and related reimbursements for the restoration works required for damages suffered from the weather events at the start of the calendar year (e.g. insurance and WANDRRA).

It is proposed to amend the draft budget to encapsulate these adjustments and incorporate the rate model changes identified above. These changes will be presented to Council for consideration at its Ordinary Meeting on 28 June 2018.

Conclusion

In conclusion, it is recommended that Council after consideration of the submissions received, proceeds with adopting the Objects and Reasons, differential rates and minimum rates strategy as previously advertised and seek ministerial approval:

- to impose differential rates for those rates that are more than twice the lowest differential rate; and

- to impose a minimum payment of $1220 on GRV - Residential Vacant properties as an exemption to subsections 2, 3 and 4 of Section 6.33 of the LGA.

CONSULTATION

Consultation has been conducted with the DLGSC relating to the proposed differential rates and minimum payment.

Letters were sent to 23 properties remaining in the UV – Commercial Rural rating category inviting comments on the proposed differential rates, as there are less than 30 ratepayers in this rating category.

Local public notice was provided and direct correspondence issued to property owners as outlined above in accordance with section 6.36 of the LGA resulting in 2 submissions received during the 21-day statutory period.

STATUTORY ENVIRONMENT

Local Government Act 1995

S6.28 Basis of Rates

1). The Minister is to -

(a) determine the method of valuation of land to be used by a local government as the basis for a rate; and

(b) publish a notice of the determination in the government gazette.

2). In determining the method of valuation of land to be used by a local government the Minister is to have regard to the general principle that the basis for a rate on any land is to be –

(a) where the land is used predominantly for rural purposes, the unimproved value of the land, and

(b) where the land is used predominantly for non-rural purposes, the gross rental value of the land.

S6.32. Rates and service charges

(1) When adopting the annual budget, a local government —

(a) in order to make up the budget deficiency, is to impose* a general rate on rateable land within its district, which rate may be imposed either —

(i) uniformly; or

(ii) differentially;

and

(b) may impose* on rateable land within its district —

(i) a specified area rate; or

(ii) a minimum payment;

and

(c) may impose* a service charge on land within its district.

* Absolute majority required.

(2) Where a local government resolves to impose a rate it is required to —

(a) set a rate which is expressed as a rate in the dollar of the gross rental value of rateable land within its district to be rated on gross rental value; and

(b) set a rate which is expressed as a rate in the dollar of the unimproved value of rateable land within its district to be rated on unimproved value.

(3) A local government —

(a) may, at any time after the imposition of rates in a financial year, in an emergency, impose* a supplementary general rate or specified area rate for the unexpired portion of the current financial year; and

(b) is to, after a court or the State Administrative Tribunal has quashed a general valuation, rate or service charge, impose* a new general rate, specified area rate or service charge.

* Absolute majority required.

(4) Where a court or the State Administrative Tribunal has quashed a general valuation the quashing does not render invalid a rate imposed on the basis of the quashed valuation in respect of any financial year prior to the financial year in which the proceedings which resulted in that quashing were commenced.

S6.33 Differential general rates

1). A local government may impose differential general rates according to any or a combination, of the following characteristics -

(a) the purpose for which the land is zoned under a local planning scheme in force under the Planning and Development Act 2005;

(b) the predominant purpose for which the land is held or used as determined by the local government;

(c) whether or not the land is vacant land; or

(d) any other characteristic or combination of characteristics prescribed.

S6.35. Minimum payment

(1) Subject to this section, a local government may impose on any rateable land in its district a minimum payment which is greater than the general rate which would otherwise be payable on that land.

(2) A minimum payment is to be a general minimum but, subject to subsection (3), a lesser minimum may be imposed in respect of any portion of the district.

(3) In applying subsection (2) the local government is to ensure the general minimum is imposed on not less than —

(a) 50% of the total number of separately rated properties in the district; or

(b) 50% of the number of properties in each category referred to in subsection (6),

on which a minimum payment is imposed.

(4) A minimum payment is not to be imposed on more than the prescribed percentage of —

(a) the number of separately rated properties in the district; or

(b) the number of properties in each category referred to in subsection (6),

unless the general minimum does not exceed the prescribed amount.

(5) If a local government imposes a differential general rate on any land on the basis that the land is vacant land it may, with the approval of the Minister, impose a minimum payment in a manner that does not comply with subsections (2), (3) and (4) for that land.

(6) For the purposes of this section a minimum payment is to be applied separately, in accordance with the principles set forth in subsections (2), (3) and (4) in respect of each of the following categories —

(a) to land rated on gross rental value; and

(b) to land rated on unimproved value; and

(c) to each differential rating category where a differential general rate is imposed.

S6.36. Local government to give notice of certain rates

(1) Before imposing any differential general rates or a minimum payment applying to a differential rate category under section 6.35(6)(c) a local government is to give local public notice of its intention to do so.

(2) A local government is required to ensure that a notice referred to in subsection (1) is published in sufficient time to allow compliance with the requirements specified in this section and section 6.2(1).

(3) A notice referred to in subsection (1) —

(a) may be published within the period of 2 months preceding the commencement of the financial year to which the proposed rates are to apply on the basis of the local government’s estimate of the budget deficiency; and

(b) is to contain —

(i) details of each rate or minimum payment the local government intends to impose; and

(ii) an invitation for submissions to be made by an elector or a ratepayer in respect of the proposed rate or minimum payment and any related matters within 21 days (or such longer period as is specified in the notice) of the notice; and

(iii) any further information in relation to the matters specified in subparagraphs (i) and (ii) which may be prescribed;

and

(c) is to advise electors and ratepayers of the time and place where a document describing the objects of, and reasons for, each proposed rate and minimum payment may be inspected.

(4) The local government is required to consider any submissions received before imposing the proposed rate or minimum payment with or without modification.

(5) Where a local government —

(a) in an emergency, proposes to impose a supplementary general rate or specified area rate under section 6.32(3)(a); or

(b) proposes to modify the proposed rates or minimum payments after considering any submissions under subsection (4),

it is not required to give local public notice of that proposed supplementary general rate, specified area rate, modified rate or minimum payment.

S6.47. Concessions

Subject to the Rates and Charges (Rebates and Deferments) Act 1992, a local government may at the time of imposing a rate or service charge or at a later date resolve to waive* a rate or service charge or resolve to grant other concessions in relation to a rate or service charge.

* Absolute majority required

POLICY IMPLICATIONS

2.2.4 Rating

3.4.9 Tourism Administration

FINANCIAL IMPLICATIONS

The proposed differential rates and minimum payments for the 2018/19 financial year will raise an estimated rates revenue of $22.4M.

RISK

The risks assessment of this item includes:

· Rejection by the DLGSC of the proposed differential rates and minimum payment and associated statement of objects and reasons which could result in delays in adopting the 2018/19 annual budget.

· Escalation of objections from affected ratepayers on the proposed phase out of concessions due to financial hardship and resulting inability to pay rates.

These risks are assessed as extreme. The treatment and mitigation of these risks have been identified through controls including analysis and review of the rate setting strategy and constant consultation with DLGSC and ratepayers.

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

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

Responsible resource allocation

Effective community engagement

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr B Rudeforth Seconded: Cr C Mitchell

That Council:

1. Notes the submissions received and the objections contained therein regarding Council’s intention to impose the 2018/19 differential rates and minimum payments under section 6.36(4) of the Local Government Act 1995 during the public submission period of 21 days;

2. Endorses the following proposed Differential General Rates and Minimum Payments for 2018/19:

*DIFFERENTIAL RATE CATEGORY*	*RATE IN THE DOLLAR* *(cents)*	*MINIMUM PAYMENT*
*Residential (GRV)*	*9.9283*	*$1,220*
*Residential – Vacant (GRV)*	*16.0727*	*$1,220*
*Commercial (GRV)*	*10.9568*	*$1,220*
*Tourism (GRV)*	*15.2390*	*$1,220*
*Mining (UV)*	*12.5464*	*$500*
*Rural (UV)*	*0.6687*	*$1,220*
*Commercial Rural (UV)*	*3.1327*	*$1,220*

3. Adopts the Objects and Reasons for each of the proposed differential general rates and minimum payments in point 2 above as contained in Attachment 2; and

4. Requests the Chief Executive Officer to seek the Minister for Local Government’s approval:

(a) Under section 6.33 of the Local Government Act 1995 to impose differential rates for those rates that are more than twice the lowest differential rate; and

(b) Under section 6.35(5) of the Local Government Act 1995 to impose a minimum payment of $1220 on GRV - Residential Vacant properties as an exemption to subsections 2, 3 and 4 of Section 6.33 of the Local Government Act 1995.

CARRIED 7/2

Tropical Cyclone Hilda impacted the Shire of Broome on 27 December 2017, followed by Tropical Cyclone Joyce on 11 - 16 January 2018, strong winds and flooding from a tropical low occurred on 29 – 31 January 2018 and Tropical Cyclone Kelvin on 17 – 19 February 2018. As a result of these events various Shire properties and infrastructure throughout the townsite were damaged.

1.	Schedule of Public Submissions Proposed 2018-19 Differential Rates
2.	18/19 Rating Objects and Reasons Adopted 26 April 2018

Minutes – Ordinary Meeting of Council 31 May 2018 Page 874 of 875

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

LOCATION/ADDRESS: 78 Herbert Street, Broome

APPLICANT: Nil

FILE: RFT18/04

AUTHOR: Property and Leasing Senior Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Chief Executive Officer

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 21 May 2018

SUMMARY: This report considers tenders received for Request for Tender (RFT) 18/04 and seeks Council’s adoption of the recommendation contained within the attached confidential evaluation report.

BACKGROUND

Previous Considerations

22 March 2018 OMC Item 12.2

The Broome Bowling Club’s artificial bowling green sustained damage to both the surface and the sub-structure, which was corrugated from water inundation.

On 22 February 2018 the original installer of the bowling green - Berry Bowling Systems Pty Ltd undertook an assessment of the damage and provided a report for insurance purposes. The report indicated that the existing “Pro Green Plus” needle punch carpet and underlay were damaged beyond repair and the existing base would require new plinths and re-levelling. The report included a “like for like” replacement cost estimation of $170,000.

Representatives of the Broome Bowling Club were consulted as part of the procurement process to ensure the replacement of the “like-to like” surface would adequately meet the needs of the Club both now and into the future. There was a consensus between the Shire of Broome, Broome Bowling Club and the Insurer, the renewal should be in line with the existing “Pro Green Plus” needle punch bowling green. This was based on the below key criteria:

· Low maintenance and life cycle costs

o Little to no watering.

o No sand.

o Minimal labour required.

· Existing surface had performed extremely well for the last 10 years in this environment.

· Meets World Bowls Standards.

An insurance claim seeking full replacement of the current green was submitted to Local Government Insurance Services (LGIS) on the 28 February 2018 for approval to commence the procurement process, this was approved on the 24 May 2018.

At the Ordinary Meeting of Council held on 22 March 2018 Council resolved to call tenders for the replacement of the synthetic lawn bowling green surface at the Broome Bowling Club.

COMMENT

Scope of Works

The scope of the works sought through the tender are as follows:

1. Remove and dispose of top layer (pro-green plus) and underfelt.

2. Remove and dispose of existing plinths

3. Install new plinths to a minimum height of 230mm.

4. Regrade the existing base. To be laser levelled with a layer of sand to a final flatness tolerance of 3mm under a 3-metre straightedge, then hand screed to ensure accurate matching with the re-constructed plinths.

5. Final level check of base and light roll, ready for surface installation.

6. Install new underfelt and playing surface. Surface to be joined by sewing with a North/South orientation with the joint lines offset from those under-pad.

7. Supply and install terracotta colour synthetic grass 150mm to the top of the bank and down the outer ditch wall.

8. Supply and install terracotta synthetic grass to the bottom of the ditches.

9. Smoothing of the surface towards each side of the green, the overlapping surface material will be suitably screwed to ensure retention within the ditch/plinth structure.

10. Green to be tested in line with World Bowls Ltd standards at the cost of the contractor.

11. Broome Bowling Club to notify the State Bowling Authority on practical competition and the Contractor of the date of testing.

The tender allowed for other surface types to be considered as “alternate tenders”, provided they met the minimum specifications outlined in the tender documentation.

Procurement Process

The Tender was managed internally by officers through the Shire’s e-tendering procurement system Tenderlink. As required by legislation, an advertisement was placed in the West Australian on the 12 May 2018 and on the Administration Office and Library noticeboards. The submission period was open for the required minimum of 14 days and closed at 12.00pm on the 28 May 2018.

One tender was received by the closing date and this was subsequently evaluated against the RFT compliance criteria. The tender was assessed as compliant.

Value for Money Assessment

In accordance with Council’s Purchasing Policy 2.1.2, officers utilised a value for money assessment to determine the most advantageous tender through a formal evaluation process including three panel members consisting of Shire officers. This included an assessment of several compliance and qualitative criteria. Qualitative criteria considered critical to this project were:

· Relevant Experience – 20%

· Key Personal & Experience – 15%

· Demonstrated Understanding – 35%

· Tenderer’s Resources – 15%

· Price – 15%

A detailed description of the tender evaluation process is included within the confidential evaluation report which is provided for Council’s review and information in Attachment 1. Council is requested to consider the tender response received and it is recommended that Council resolve to adopt the recommendation contained within the confidential evaluation report.

Relevant Budget

The 2018/19 budget includes an allocation of $54,000 to repair the Club’s artificial bowling green, however Officers recommend that an amendment be made in the 2017/18 budget for the total confirmed cost of the work identified through this tender process and related insurance reimbursement that are not currently included in the 2018/19 budget. This results in $122,364 of income and expense budget amendment.

CONSULTATION

Broome Bowling Club

Berry Bowling Systems Pty. Ltd

Local Government Insurance Services

STATUTORY ENVIRONMENT

3.57 Tenders for providing goods or services

(1) A local government is required to invite tenders before it enters into a contract of a prescribed kind under which another person is to supply good or services.

(2) Regulations may make provision about tenders

Local Government (Functions and General) Regulations 1996

11. When tenders have to be publicly invited

POLICY IMPLICATIONS

Purchasing 2.1.2

Local Regional Price Preference 2.1.3

FINANCIAL IMPLICATIONS

No budget allocation exists in 2017/18 for this expenditure due to the nature of the natural disaster events being unforeseen. However, there is a $54,000 allocation in the 2018/19 annual budget for repair of the Bowling Green at the Broome Bowling Club. Officers recommend that an amendment be made in the 2017/18 budget for the total confirmed cost of the work identified through this tender process and related insurance reimbursement that are not currently included in the 2018/19 budget. This results in $122,364 of income and expense budget amendment. This will ensure that sufficient budget exists for the full value of the contracts provided as contained in the confidential evaluation report in attachment 1.

As previously mentioned all cost associated with this engagement will be recovered via an insurance claim through LGIS.

RISK

The tender process involved undertaking a risk assessment as part of the process in addition to comprehensive compliance and qualitative criteria. The successful tenderer scored highly in each category.

Berry Bowling Systems Pty Ltd was the company appointed to carry out the initial damage assessment report. Some competitors may see this as an advantage. This was overcome by:

· The Shire directly contacted four other eligible businesses in the market to alert them of the upcoming tender.

· The tender was open to alternate tenders provided they met a minimum product specification.

· Berry Bowling Systems Pty Ltd were best qualified for the initial assessment as they installed the green.

· The procurement process was endorsed by the insurer.

The risk of proceeding with the recommendation in this report is considered low.

STRATEGIC IMPLICATIONS

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

Affordable services and initiatives to satisfy community need

Accessible and safe community spaces

Participation in recreational and leisure activity

A healthy and safe environment

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

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

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

Affordable and equitable services and infrastructure

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

Responsible resource allocation

VOTING REQUIREMENTS

Absolute Majority

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell Seconded: Cr E Foy

That Council:

1. Adopts the recommendation to award the contract to Berry Bowling Systems Pty Ltd at a total contract value of $176,364 (ex GST) subject to any required minor variations as per the confidential evaluation report for RFT18/04 Bowling Green Renewal, Broome Bowling Club as contained within Attachment 1, and

2. Approves a 2017/18 budget amendment for $122,364 (ex GST) to be allocated to account 14295 Insurance Claimable Costs and a corresponding income of equal amount to account 147585 Reimbursement of Insurable Claimable Costs.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 9/0