Agenda of Ordinary Meeting

Agenda – Ordinary Meeting of Council 26 July 2018 Page 0 of 1

2017 Local Government Ordinary Election held 21 October
Councillor		Cr H Tracey	Cr D Male	Cr M Fairborn	Cr W Fryer	Cr E Foy	Cr C Marriott	Cr P Matsumoto	Cr C Mitchell	Cr B Rudeforth
2017	23 November					LOA
2017	14 December			A	A	A
2018	22 February				LOA
2018	22 March		LOA		LOA			LOA
2018	26 April						LOA
2018	31 May
2018	28 June			A	A	A		LOA

· *LOA (Leave of Absence)*	· *NA (Non Attendance)*
· *A (Apologies)*

2.25. Disqualification for failure to attend meetings

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

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

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

(a) a meeting that has concluded; or

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

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

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

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

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

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

(b) if the non‑attendance occurs —

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

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

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

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

(6) A member who before the commencement of the Local Government Amendment Act 2009 section 5¹ was granted leave during an ordinary meeting of the council from which the member was absent is to be taken to have first obtained leave for the remainder of that meeting.

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

Agenda – Ordinary Meeting of Council 26 July 2018 Page 0 of 1

9.1.1 REQUEST FOR QUOTE 18/61 - WANDRRA RESTORATION WORKS PHASE 2 AND REQUEST FOR QUOTE 18/62 - WANDRRA RESTORATION WORKS - PHASE 3

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: RFQ18-61 and RFQ18-62

AUTHOR: Senior Procurement, Risk & Governance Officer

CONTRIBUTOR/S: Manager Financial Services

RESPONSIBLE OFFICER: Chief Executive Officer

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 13 July 2018

SUMMARY: This report considers quotations received for Request for Quote (RFQ) 18/61 and 18/62 and seeks Council’s adoption of the recommendations contained within the attached confidential evaluation reports.

BACKGROUND

Previous Considerations

OMC 22 March 2018 Item 12.2

OMC 31 May 2018 Item 9.4.6

OMC 28 June 2018 Item 12.1

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).

Whilst the RFQ process outlined in this report 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.

Following approval from the Office of Emergency Management (OEM) to engage a suitably qualified consultant to manage and supervise the WANDRRA specific activities relating to the restoration of essential public assets damaged during the 4 events, Council resolved to award a contract to Talis Consultants for the project management of WANDRRA restoration works at the OMC held 31 May 2018. Costs associated with this consultancy will be recovered through WANDRRA.

Talis is currently working with the OEM and Main Roads Western Australia (MRWA) and has confirmed the exact remediation treatments for the damaged assets. On 9 July 2018, an NDRRA cost estimate and Essential Public Assets approval form was agreed upon and signed off by the MRWA Regional Manager which approved works to the value of $3,038,495.68.

As WANDDRA funding can only be accessed in arrears, the Shire will be required to meet the costs of construction prior to accessing income through WANDRRA, as outlined within the Financial Implications section of this report. All costs associated with this engagement will be recovered through WANDRRA and a contract for works will be entered into for works approved through MRWA and OEM for reimbursement.

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 TC Kelvin and associated heavy rainfall in Broome and West Kimberley, (AGRN 793 - 17 to 19 February 2018) are to be submitted before 30 June 2020. It is expected that all works will be completed by December 2018, with a 6-month contingency allowance.

The works to be undertaken have been broken into four phases or packages of work, requiring the engagement of external contractors. At the OMC held 28 June 2018, Council resolved to award RFQ18/60 WANDRRA Restoration Works Phase 1 to McCorry Brown Earthmoving at an estimated cost of up to $650k. Council is now requested to consider quotations received for RFQ 18/61 and 18/62 WANDDRA Restoration Works Phases 2 and 3 respectively and endorse the recommendations contained within the attached confidential Evaluation Reports.

COMMENT

Scope of Works

Both contracts are for the supply of the equipment, plant, operators and labour and undertaking repair works. The works will be under the direction of the Talis Project Manager who shall manage the execution of the works as specified, generally comprising the following:

· Reform and re-sheeting of unsealed roads;

· Repair of pavement damage on sealed roads;

· Repair, cleaning and restoration of surface drains;

· Repair, cleaning and restoration of drainage structures;

· Reinstatement and restoration of floodways;

· Repair and reinstatement of washed out verges / shoulders; and

· Traffic management.

Roads included within each RFQ to receive restoration works is outlined below.

RFQ18/61 – Phase 2:

RFQ18/62 – Phase 3

· Broome – Cape Leveque Road

· Manari Road

· Barred Creek Road

· Quondong Road

· Willie Creek Road

· Quondong Point Road

· Denham Road

· Carter Road

· Williams Road

· Lawrence Road

· McGuigan Road

· Yamashita Street

· Kanagae Drive

· Chi Street

· McDaniel Road

· De Castilla Street

· Fairway Drive

· Lullfitz Drive

· Old Broome Road

· Port Drive

· Frederick Street

· Broome – Cape Leveque Road

· Kooljaman Access Road

· Deep Water Point Access

Works for Phases 2 and 3 are intended to commence on 6 August 2018.

Procurement Process

Each procurement process was managed externally by Talis Consultants.

In accordance with Council’s Purchasing Policy 2.1.2, three quotations were sought for both RFQ’s, with 2 submissions received by the closing date for each RFQ. Submissions have been evaluated against compliance criteria and 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 quotations through a formal evaluation process including three panel members consisting of two Shire officers and the Talis project manager. This included an assessment of the following qualitative criteria:

· Relevant Experience – 10%

· Key Personnel Skills and Experience – 10%

· Respondence Resources –20 %

· Demonstrated Understanding – 15%

· Price – 45%

A detailed description of the quotation evaluation process is included within the confidential evaluation reports which are provided for Council’s review and information in Attachment 1 for RFQ18/61 and Attachment 2 for RFQ18/62. Council is requested to consider the quotations received and adopt the recommendations contained within the confidential Evaluation Reports.

CONSULTATION

Main Roads Western Australia

Office of Emergency Management

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

11. When tenders have to be publicly invited

(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.

POLICY IMPLICATIONS

Purchasing 2.1.2

FINANCIAL IMPLICATIONS

On 9 July 2018, an NDRRA cost estimate and Essential Public Assets approval form was agreed upon and signed off by the MRWA Regional Manager which estimated the value of the approved works to be $3,038,495.68. This cost is an estimate and 10% contingency has been added to the below Phase costs to allow for any cost overrun. All costs associated with these works is fully claimable under WANDRRA.

It should be noted that the Shire is liable to contribute a maximum limit of $203,000 against any WANDRRA claim. Officers will be seeking to claim the costs already incurred by Shire staff undertaking emergency make safe works during and immediately following the weather events to count towards the $203,000 Shire contribution. Should OEM decline this claim the Shire will be in a deficit position of $203,000. Regardless of whether the claim is approved there will be impacts on the final end of year financial position for 2017/18 and 2018/19, however this will be heavily influenced by the timing of the works and the OEM approval process and whether the outcome is determined by the sign-off date of the audited annual financial report.

The externally contracted works have been broken up into 4 phases and within this there are works which have recently been negotiated for the Shire of Broome to undertake in-house. It is proposed to adjust for the in-house Shire works through the First Quarter FACR as the Resource Based Budget requires review. Works to be undertaken by the Shire of Broome include grading of Port Smith Road, 80 Mile Beach Road, Crab Creek Road and minor reinstatements within the town site. These works were negotiated to expedite restoration and rates have been agreed upon for reimbursement through WANDDRA (estimated value is $160,066). The following table details the estimated value of the total externally contracted WANDDRA works plus a 10% contingency:

WANDRRA Packages	Estimated contract value
Phase 1 (awarded to McCorry Brown Earthmoving at OMC 28/06/2018)	$650,000
Phase 2 (subject of this report)	$600,000
Phase 3 (subject of this report)	$1,450,000
Phase 4 (currently under evaluation)	$650,000
TOTAL	$3,350,000

All costs associated with the above packages of work will be recovered through WANDRRA claim AGRN 793.

The 2018/19 Annual Budget included an allocation of $987,740 in expense account 102204 – 2017-2018 WANDRRA events – Works Maintenance and income of the same amount in income account 120306 – Natural Disaster Grant for the above works.

The external contractor costs (plus 10% contingency) for phases 1 to 4 equal a total budget of $3,350,000. A budget amendment of $2,362,260 is therefore required to increase the budget to $3,350,000.

	Required Budget	Current Available Budget	Proposed Budget Amendment	Income Account	Expense Account
External Contractors	$3,350,000	$987,740	$2,362,260	120306	102204

Final amounts to be reclaimed will be unknown until invoices are received by the relevant contractor, however officers recommend to award the contracts capped at a maximum value. It should be noted that WANDDRA funding can only be accessed in arrears and therefore the Shire is required to meet the costs of works prior to claiming reimbursements.

RISK

The risk associated with the engagement of a construction company is that the contractor does not carry out the required works 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 contractors having extensive experience undertaking the construction of WANDRRA works throughout Western Australia.

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

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.

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

REPORT RECOMMENDATION:

That Council:

1. Adopts the recommendation to award the contract for RFQ18/61 WANDRRA Restoration Works Phase 2 to ____________________ on a Schedule of Rates basis subject to any required minor variations, as per the confidential evaluation report contained within attachment 1;

2. Adopts the recommendation to award the contract for RFQ18/62 WANDRRA Restoration Works Phase 3 to ____________________ on a Schedule of Rates basis subject to any required minor variations, as per the confidential evaluation report contained within attachment 2;

3. Requests the Chief Executive Officer to negotiate the value of the Phase 2 scope of works up to a maximum of ________________ and the Phase 3 scope of works up to a maximum value of ________________, subject to approval from the Office of Emergency Management;

4. Approves a budget amendment to allocate $2,362,260 to income account 120306 – Natural Disaster Grant;

5. Approves a budget amendment to allocate $2,362,260 to expenditure account 102204 – 2017-2018 WANDRRA events – Works Maintenance; and

6. Notes the Shire of Broome will be carrying out restoration works in-house for priority works to the value of $160,066 and request the Chief Executive Officer to present a reviewed Resource Based Budget at the 1^st Quarter Finance and Costing Review to recognise this expense.

(Absolute Majority Required)

Attachments

RFQ18/61 Phase 2 - 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”.

RFQ18/62 Phase 3 - Evaluation Report (Confidential to Councillors and Directors Only)

Agenda – Ordinary Meeting of Council 26 July 2018 Page 0 of 1

9.2.1 Dedication Eighty Mile Beach Road

LOCATION/ADDRESS: Eighty Mile Beach Road

APPLICANT: Department of Planning, Lands and Heritage

FILE: ENG01; EIG-1/GEN

AUTHOR: Land Tenure Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development and Community

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 21 June 2018

SUMMARY: At the Ordinary Meeting of Council (OMC) on 25 September 2008, Council resolved to proceed with the road dedication of Boreline and Eighty Mile Beach roads.

The Department of Planning, Lands and Heritage (DPLH) subsequently advised the Shire that with regards to these matters, the Council’s resolution of the 25 September 2008 referred to incorrect land details.

At the OMC on 27 July 2017 Council resolved to change the resolution of the 25 September 2008, that is, not to proceed with the dedication of Boreline Road and correct the description of the land details for the Eighty Mile Beach Road dedication and indemnify the Minister for Lands from any claims for compensation.

The DPLH has subsequently advised the Shire it has recently become DPLH policy to require the Shire to indemnify the State of Western Australia, the DPLH and Minister for Lands from any claims of compensation under the Native Title Act 1997.

This report recommends that Council agrees to indemnify the State, DPLH and the Minister for Lands from any claims of compensation under the Native Title Act 1997.

BACKGROUND

Previous Considerations

OMC 25 September 2008 Item 9.5.6

OMC 27 July 2017 Item 9.2.2

OMC 25 September 2008 Item 9.5.6

Council considered proposal for a “Policy for a Register for Public Roads” to include guidelines for inclusion of roads on the Public Roads Register (“Roman” database). Council also considered the down-grading in status of two roads, the removal of several roads from the database and two road dedications.

Council resolved:

COUNCIL RESOLUTION

Moved: Cr C R Mitchell Seconded: Cr R J Lander

That with respect to rural roads on Council’s “Roman” road asset database, Council:

1. Notes the down-grading in status of Dampier Downs Road and Frazier Downs Road to “unformed”.

2. Agrees that the following roads are not Council’s assets or maintenance responsibility and that they be removed from the database:

· Waterbank Road – Unformed 4.83km

· Roebuck Plains Road – Unformed 9.01km

· Kilto Road – Unformed 14.01km

· Dampier Downs Road – Unformed 122.61km

· Thangoo Road -Unformed 14.76km

· Frazier Downs Road – Unformed 14.07km

· Nita Downs Road – Unformed 2.6km

· Anna Plains Road – Unformed 16.16km

· Mandora Road – Unformed 12.44km

· Wallal Downs Road – Unformed 13.44km

· Country Downs Road – Unformed 3.54km

3. Agrees the Draft Public Roads Register Policy be adopted.

4. Agrees that the responsibility for maintenance and liability on access roads on Aboriginal land be addressed at the time of making arrangements for implementation of the Bi-lateral agreement for service delivery to Aboriginal communities.

5. That with respect to the dedication of Boreline Road, from the Great Northern Highway to the common boundary with the East Pilbara Shire Council agrees to request the Minister for Lands to excise a strip of land (60m wide), from CL 238511 Lot 44, to be surveyed notionally on the alignment of the existing road known as Boreline Road, and to dedicate as Road.

6. That with respect to the dedication of Eighty Mile Beach Road, from the Great Northern Highway to the public foreshore, Council agrees to request the Minister for Lands to excise a strip of land (60m wide) from CL 238511, to be surveyed notionally on the alignment of the existing road known as Eighty Mile Beach Road and to dedicate as Road.

CARRIED UNANIMOUSLY

The Shire wrote to the Minister for Lands requesting the road dedications in accordance with the Council resolution.

Boreline Road

The Department of Planning, Lands and Heritage (DPLH) subsequently advised the Shire that the Council Resolution dated 25 September 2008 incorrectly described the land details for the proposed Boreline Road dedication.

Eighty Mile Beach Road

Similarly, the DPLH advised the Shire that the Council Resolution dated 25 September 2008 was inadequate and incorrectly described the land details for the proposed Eighty Mile Beach Road dedication.

OMC 27 July 2017

Council considered changing the resolution of 25 September 2008 to correctly describe the land details for the Eighty Mile Beach Road dedication, delete point 5 being the dedication of Boreline Road and indemnify the Minister for Lands against any claims for compensation pursuant to section 56(4) of the Land Administration Act 1997.

Council resolved:

COUNCIL RESOLUTION:

(REPORT RECOMMENDATION)

Moved: Cr P Matsumoto Seconded: Cr B Rudeforth

That Council:

1. In accordance with Regulation 10 of the Local Government (Administration) Regulations 1996, change the resolution passed for Item 9.5.6 – Rural Roads – Asset Management at the Ordinary Meeting of Council held on 25 September 2008 to delete points 5 and 6 of that resolution.

2. Pursuant to section 56 of the Land Administration Act 1997, requests that the Chief Executive Officer advise the Minister for Lands to proceed with dedication of what is referred to as Eighty Mile Beach Road as depicted on Deposited Plan 74375 and shown in Attachments 2 and 3 of this report, being:

a. part Lot 1539 on Deposited Plan 69939 the subject of Pastoral Lease Wallal Downs, described as Crown Lease N050388 (shown as Lot 376 on Deposited Plan 74375);

b. part Lot 56 on Deposited Plan 240321 and the subject of Reserve 9697 (shown as Lot 378 on Deposited Plan 74375); and

c. unallocated Crown Land (shown as Lot 377 on Deposited Plan 74375).

3. Indemnifies the Minister of Lands against any claims for compensation pursuant to section 56(4) of the Land Administration Act 1997.

CARRIED UNANIMOUSLY 7/0

COMMENT

Formal dedication of a road invokes section 24KA of the Native Title Act 1997, suppressing native title rights and interests for that portion of land the subject of the formal road dedication. In April 2018, the DPLH wrote to the Shire advising it has recently become DPLH policy to require the Shire to indemnify the State of Western Australia, the DPLH and Minister for Lands from any claims of compensation under the Native Title Act 1997.

In the event a claim for compensation is made, it is recommended the Shire advise the DPLH that it no longer wishes to pursue the proposed road dedication.

Therefore, this report recommends that Council agrees to indemnify the State, DPLH and the Minister for Lands from any claims of compensation under the Native Title Act 1997.

CONSULTATION

The DPLH will undertake consultation with relevant stakeholders as due process for dedicating a road.

STATUTORY ENVIRONMENT

Land Administration Act 1997

56. Dedication of land as road

(1) If in the district of a local government –

(a) land is reserved or acquired for use by the public, or is used by the public as a road under the care, control of management of the local government; or

(b) in the case of land comprising a private road constructed and maintained to the satisfaction of the local government –

(i) the holder of the freehold in that land applies to the local government, requesting it to do so; or

(ii) those holders of the freehold in rateable land abutting the private road, the aggregate of the rateable value of whose land is greater than one half of the rateable value of all the rateable land abutting the private road, apply to the local government, requesting it to do so; or

(c) land comprises a private road of which the public has had uninterrupted use for a period of not less than 10 years, and that land is described in a plan of survey, sketch plan or document, the local government may request the Minister to dedicate the land as a road.

(2) If a local government resolves to make a request under subsection (1), it must —

(a) in accordance with the regulations prepare and deliver the request to the Minister; and

(b) provide the Minister with sufficient information in a plan of survey, sketch plan or document to describe the dimensions of the proposed road.

(3) On receiving a request delivered to him or her under subsection (2), the Minister must consider the request and may then —

(a) subject to subsection (5), by order grant the request;

(b) direct the relevant local government to reconsider the request, having regard to such matters as he or she thinks fit to mention in that direction; or

(c) refuse the request.

(4) On the Minister granting a request under subsection (3), the relevant local government is liable to indemnify the Minister against any claim for compensation (not being a claim for compensation in respect of land referred to in subsection (6) in an amount equal to the amount of all costs and expenses reasonably incurred by the Minister in considering and granting the request.

(5) To be dedicated under subsection (3)(a), land must immediately before the time of dedication be —

(a) unallocated Crown land or, in the case of a private road, alienated land; and

(b) designated in the relevant plan of survey, sketch plan or document as having the purpose of a road.

Native Title Act 1993

Section 24KA Facilities for services to the public

Coverage of Subdivision

(1) This Subdivision applies to a future act if:

(a) it relates, to any extent, to an onshore place; and

(b) it either

(i) permits or requires the construction, operation, use, maintenance or repair, by or on behalf of any person, of any of the things listed in subsection (2) that is to be operated, or is operated, for the general public; or

(ii) consists of the construction, operation, use, maintenance or repair, by or on behalf of the Crown, or a local government body or other statutory authority of the Crown, in any of its capacities, of any of the things listed in subsection (2) that is to be operated, or is operated, for the general public; and

(c) it does not prevent native title holders in relation to land or waters on which the thing is located or to be located from having reasonable access to such land or waters in the vicinity of the thing, except:

(i) while the thing is being constructed; or

(ii) for reasons of health and safety; and

(d) a law of the Commonwealth, a State or a Territory makes provision in relation to the preservation or protection of areas, or sites, that may be:

(i) in the area in which the act is done; and

(ii) of particular significance to Aboriginal peoples or Torres Strait Islanders in accordance with their traditions.

Compulsory acquisitions not covered

(1A) To avoid doubt, this Subdivision does not apply to a future act that is the compulsory acquisition of the whole or part of any native title rights and interests.

Facilities etc.

(2) For the purposes of paragraph (1)(b), the things are as follows:

(a) a road, railway, bridge or other transport facility (other than an airport or port);

(b) a jetty or wharf;

(c) a navigation marker or other navigational facility;

(d) an electricity transmission or distribution facility;

(e) lighting of streets or other public places;

(f) a gas transmission or distribution facility;

(g) a well, or a bore, for obtaining water;

(h) a pipeline or other water supply or reticulation facility;

(i) a drainage facility, or a levee or other device for management of water flows;

(j) an irrigation channel or other irrigation facility;

(k) a sewerage facility, other than a treatment facility;

(l) a cable, antenna, tower or other communication facility;

(la) an automatic weather station;

(m) any other thing that is similar to any one or more of the things mentioned in the paragraphs above.

Validation of act

(3) If this Subdivision applies to a future act, the act is valid.

Non-extinguishment principle

(4) The non-extinguishment principle applies to the act.

Compensation

(5) If any native title holders would be entitled to compensation under subsection 17(2) for the act on the assumption that it was a past act referred to in that section, the native title holders are entitled to compensation for the act in accordance with Division 5.

Who pays compensation

(6) The native title holders may recover the compensation from:

(a) if the act is attributable to the Commonwealth:

(i) if a law of the Commonwealth provides that a person other than the Crown in right of the Commonwealth is liable to pay the compensation--that person; or

(ii) if not--the Crown in right of the Commonwealth; or

(b) if the act is attributable to a State or Territory:

(i) if a law of the State or Territory provides that a person other than the Crown in any capacity is liable to pay the compensation--that person; or

(ii) if not--the Crown in right of the State or Territory.

Procedural rights

(7) The native title holders, and any registered native title claimants in relation to land or waters in the area concerned, have the same procedural rights as they would have in relation to the act on the assumption that they instead held:

(a) to the extent (if any) that the land concerned is covered by a non-exclusive agricultural lease (see section 247B) or a non-exclusive pastoral lease (see section 248B)--a lease of that kind; or

(b) to the extent (if any) that paragraph (a) does not apply--ordinary title;

covering any land concerned or covering the land adjoining, or surrounding, any waters concerned.

Native title rights and interests to be considered

(7A) If, in the exercise of those procedural rights, the native title holders are entitled to have matters considered, those matters include their native title rights and interests.

Satisfying the right to be notified

(8) If:

(a) because of subsection (7) or any law of the Commonwealth, a State or a Territory, the native title holders have a procedural right that requires another person to notify them of the act; and

(b) there is no registered native title body corporate, or there are no registered native title bodies corporate, in relation to the whole of the land or waters in the area concerned;

then one way in which the person may give the required notification is by notifying, in the way determined, by legislative instrument, by the Commonwealth Minister for the purposes of this subsection the following that the act is to take place:

(c) any representative Aboriginal/Torres Islander bodies for that part of the area concerned for which there is no registered native title body corporate;

(d) any registered native title claimants in relation to land or waters in that part of the area concerned for which there is no registered native title body corporate.

Satisfying other procedural rights

(9) If:

(a) because of subsection (7) or any law of the Commonwealth, a State or a Territory, the native title holders have a procedural right that requires another person to do any thing in relation to the native title holders; and

(b) there is no registered native title body corporate, or there are no registered native title bodies corporate, in relation to the whole of the land or waters in the area concerned;

then one way in which the person may give effect to the requirement is:

(c) by doing the thing in relation to any registered native title claimant in relation to land or waters in that part of the area concerned for which there is no registered native title body corporate; or

(d) if there are no such registered native title claimants--by ensuring that any representative Aboriginal/Torres Strait Islander bodies for that part of the area concerned for which there is no registered native title body corporate have an opportunity to comment on the doing of the act.

POLICY IMPLICATIONS

4.1.7 Register of Public Roads

FINANCIAL IMPLICATIONS

Whilst the Shire will be legally required to indemnify the State of Western Australia, the DPLH and the Minister for Lands against any claims for compensation that may occur as a result of the road dedication, it is unlikely a claim for compensation will be made. In the event a claim for compensation is made, it is recommended the Shire advise the DPLH that it no longer wishes to pursue the proposed road dedication.

Once Eighty Mile Beach Road becomes dedicated, it will be the Shire’s responsibility to maintain the road. Eighty Mile Beach Road has been on the Shire’s road inventory database for some years, and as such, has been maintained by the Shire. Dedication of the road will not result in any additional maintenance costs to the Shire.

RISK

There is not considered to be any risk to the Shire from proceeding with the dedication.

STRATEGIC IMPLICATIONS

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

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

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

Affordable and equitable services and infrastructure

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council:

1. Indemnifies and keep indemnified the State of Western Australia, the Department of Planning, Lands and Heritage and the Minister for Lands and hold them harmless from and against all liabilities, obligations, costs, expenses or disbursements of any kind including, without limitation, compensation payable to any party under the Native Title Act 1993 (Cth) which may be imposed on, or incurred by the Indemnified Parties relating to or arising directly or indirectly from the dedication of what is referred to as Eighty Mile Beach Road as depicted on Deposited Plan 74375 and shown in Attachments 1 and 2 of this report, being:

a) part Lot 1539 on Deposited Plan 69939 the subject of Pastoral Lease Wallal Downs, described as Crown Lease N050388 (shown as Lot 376 on Deposited Plan 74375);

b) part Lot 56 on Deposited Plan 240321 and the subject of Reserve 9697 (shown as Lot 378 on Deposited Plan 74375); and

c) unallocated Crown Land (shown as Lot 377 on Deposited Plan 74375).

2. In the event of any claim for compensation, advise the Department of Planning, Lands and Heritage that the Shire no longer wishes to pursue the dedication of the Eighty Mile Beach Road as described above.

Attachments

1.	Deposited Plan 74375
2.	Eighty Mile Beach Road Overview

Agenda – Ordinary Meeting of Council 26 July 2018 Page 0 of 1

9.2.2 Un-numbered, Unallocated Crown Land adjoining Nita Downs and Shamrock Stations

LOCATION/ADDRESS: UCL PIN 1011653, adjacent to Nita Downs and Shamrock Pastoral Stations

APPLICANT: Department of Planning, Lands and Heritage

FILE: SHA; NIT

AUTHOR: Land Tenure Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development and Community

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 26 June 2018

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

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

This report recommends that the Shire supports the amalgamation of that portion of PIN 1011653 into an adjacent pastoral lease.

BACKGROUND

Previous Considerations

Nil.

History

The Shire has received correspondence from the Department of Planning, Lands and Heritage (DPLH), seeking the Shire’s comments on the proposed amalgamation of a portion of un-numbered, unallocated Crown Land (UCL) into one of the 2 adjoining pastoral leases, pursuant to section 87 of the Land Administration Act 1997. The un-numbered UCL can be referred to as a portion of PIN 1011653 and is identified in Attachment 1 and Attachment 2.

The subject portion of PIN 1011653 is approximately 100,000 hectares and is adjacent to the Nita Downs (N050250) and Shamrock (N050066) Pastoral Leases as show on the plan in Attachment 1.

COMMENT

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

Preliminary advice from the Pastoral Lands Board and the Department of Primary Industries and Regional Development (DPIRD) indicate the subject land is not viable as a standalone Pastoral Lease, and as such is being considered for amalgamation into an adjacent, established Pastoral Lease.

The DPLH will facilitate the proposed amalgamation of that portion of PIN 1011653 into one of the adjacent Pastoral Leases. The DPLH will undertake a selection process to identify the preferred proponent. Proponents will be required to submit a business case and management plan for consideration by the Pastoral Lands Board. The final decision will be made by the Minister for Lands.

The portion of PIN 1011653 proposed to be amalgamated into an adjacent Pastoral Lease is zoned ‘General Agriculture’, under the Shire’s Local Planning Scheme No.6 (LPS6). A pastoral land use (which is defined as ‘Agriculture-Extensive’ under LPS6) is a permitted land use and the Scheme exempts any pastoral land and associated buildings from the need to obtain development approval.

With regards to the Local Planning Strategy, the subject land is identified as ‘Cultural and Natural Resource Use’. The subject land falls within the ‘Irrigation Investigation Area’, which is an area supported by DPIRD and the Department of Water as potential irrigation areas suitable for broad scale horticulture.

Therefore, the Shire’s planning framework supports the use of the subject land for pastoral purposes.

Based on the above and the desirability of having additional land available for agricultural activities in the Shire of Broome, it is recommended that Council support the amalgamation of that portion of PIN 1011653 as indicated on the plan in Attachment 1 into one of the adjacent pastoral leases, being either Nita Downs or Shamrock Station.

CONSULTATION

Department of Planning, Lands and Heritage

The Department of Planning, Lands and Heritage has consulted with the following parties:

· Pastoral Lands Board

· Department of Primary Industries and Regional Development

· Nita Downs Pastoral Station

· Shamrock Pastoral Station

STATUTORY ENVIRONMENT

Land Administration Act 1997

87. Sale etc. of Crown land for amalgamation with adjoining land

(1) In this section —

adjoining land means the land referred to in subsection (2)(b) or (3)(b), as the case requires.

(2) Whenever the Minister considers that a parcel of Crown land is —

(a) unsuitable for retention as a separate location or lot, or for subdivision and retention as separate locations or lots, because of its geographical location, potential use, size, shape or any other reason based on good land use planning principles; but

(b) suitable for —

(i) conveyance in fee simple to the holder of the fee simple; or

(ii) disposal by way of lease to the holder of a lease granted by the Minister under this Act,

of land adjoining that parcel,

the Minister may, with the consent of that holder and on payment to the Minister of the price, or of the initial instalment of rent, as the case requires, agreed with that holder, by order convey that parcel in fee simple or lease that parcel to that holder and amalgamate that parcel with the adjoining land.

(3) If —

(a) a parcel of land comprised in a road that is closed, whether under this Act or the repealed Act, is Crown land; and

(b) part of the land through which that closed road passes or which it adjoins is taken under Part 9 for the purpose of a road to replace that closed road; and

(c) as a result of that taking, the person holding the fee simple of, or a lease granted by the Minister under this Act in respect of, the adjoining land (the landholder) is entitled to compensation under that Part from the person who took that part (the taker),

the Minister may, with the consent of the landholder and the taker and on payment to the Minister of any price, or of any initial instalment of rent, as the case requires, agreed with the landholder, by order —

(d) convey to the landholder in fee simple or lease to the landholder, as the case requires, by way of satisfaction or part satisfaction of the compensation payable to the landholder, so much of that parcel as is, in the opinion of the Minister, equivalent in value to the whole or the relevant part of that compensation; and

(e) amalgamate the land so conveyed or leased with the adjoining land.

(4) When land has been conveyed or leased under subsection (3)(d), the taker must, if required by the Minister to do so, pay to the Minister forthwith the amount of the compensation in satisfaction of which that land has been so conveyed or leased.

(5) On the amalgamation under subsection (2) or (3) of the whole or part of a parcel of Crown land with the adjoining land —

(a) that parcel or part becomes, if the adjoining land is —

(i) land held in freehold, part of the adjoining land and held in the same freehold; or

(ii) Crown land held under lease, part of the adjoining land and held under the same lease,

and, if the adjoining land is subject to any encumbrance, that parcel or part becomes subject to that encumbrance as if it had been part of the adjoining land when that encumbrance was created; and

(b) the Registrar must alter the certificate of title or the certificate of Crown land title and the Register so as to show that that parcel or part forms part of the adjoining land.

(6) If the freehold or lease of the adjoining land is, at the time of the amalgamation of the adjoining land with the whole or part of a parcel of Crown land under subsection (2) or (3), in the course of being sold under a contract of sale and the purchaser under that contract consents —

(a) the purchase price or consideration set out in that contract is to be taken to be increased by an amount equal to the unimproved value of that whole or part; and

(b) the conditions of that contract are taken to apply to that whole or part as if that whole or part had been part of the adjoining land when that contract was entered into.

(7) Despite anything in subsection (6), that subsection does not affect the rights of any person in respect of a claim that has before the amalgamation referred to in that subsection been settled or decided.

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

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

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

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

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

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

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

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

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

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

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

(a) offer the pastoral lease for sale; or

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

(c) invite tenders for the lease; or

(d) offer the lease for auction.

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

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

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

Nil.

RISK

Nil.

STRATEGIC IMPLICATIONS

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

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

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

Affordable land for residential, industrial, commercial and community use

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

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council requests that the Chief Executive Officer advise the Department of Planning, Land and Heritage that it supports the proposed amalgamation of that portion of un-numbered, unallocated Crown Land shown in Attachment 1, into one of the adjacent pastoral leases, being Nita Downs Station (N050250) or Shamrock Station (N050066).

Attachments

1.	Portion of PIN 1011653 to be amalgamated into adjacent pastoral lease
2.	Location of PIN 1011653

Agenda – Ordinary Meeting of Council 26 July 2018 Page 0 of 1

9.2.3 Modification to Proposed Scheme Amendment No.5 - Creation of 'Coastal Hazard Risk Area' Special Control Area

LOCATION/ADDRESS: Broome Townsite

APPLICANT: Not Applicable

FILE: LPS6/5

AUTHOR: Strategic Planning Coordinator

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Manager Planning & Building Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 6 July 2018

SUMMARY: In March 2017 Council resolved to support an amendment to Local Planning Scheme No.6 (LPS6) to insert a Special Control Area (SCA) into the Scheme Maps to delineate areas within the townsite that are subject to coastal inundation and erosion hazard within a 100-year timeframe.

The amendment was forwarded onto the West Australian Planning Commission (WAPC) for determination. The WAPC considered the amendment and made its recommendation to the Minister for Planning.

The Minister for Planning has written to the Shire and required the amendment be modified to ensure consistency with State Planning Policy 2.6 – State Coastal Planning.

The required modifications were advertised for a period of 43 days pursuant to regulation 47(4) of the Planning and Development (Local Planning Schemes) Regulations 2015. No submissions were received during this period.

It is recommended that Council support the modifications required by the Minister for Planning.

BACKGROUND

Previous Considerations

OMC 30 June 2016 Item 9.2.2

OMC 25 August 2016 Item 9.2.2

OMC 30 March 2017 Item 9.2.1

OMC 30 March 2017 Item 9.2.2

OMC 07 September 2017 Item 9.2.3

The Shire of Broome and its coastal engineering consultant have undertaken substantial coastal hazard risk management and adaptation planning for the Broome townsite in accordance with State Planning Policy 2.6 (State Coastal Planning Policy). Work completed to-date has identified coastal hazard risk and set out adaptation options to improve the townsite’s resilience to extreme weather events and future sea level rise.

Coastal Vulnerability Study (2016)

The first step of the coastal planning process was to prepare a Coastal Vulnerability Study (CVS) to understand potential future threats from coastal inundation, erosion, stormwater flooding and climate change. The Broome CVS was received by Council in June 2016 and identified the portions of the Broome townsite that are at risk of coastal hazards, namely coastal inundation and erosion, within a 100-year planning timeframe.

Broome Townsite Coastal Hazard Risk Management Adaptation Plan (2017)

Building on the outcomes of the CVS, the Shire developed a Coastal Hazard Risk Management Adaptation Plan (CHRMAP) in accordance with the Department for Planning, Lands and Heritage (DPLH) Guidelines. The CHRMAP separates the coastline into 7 distinct coastal compartments based on geomorphological characteristics, coastal processes and geographical locations of interest, and sets out a recommended planning approach for each based on the Risk Management and Adaptation Hierarchy.

As part of the wider adaptation options, the CHRMAP recommends that the Shire develop a SCA to delineate the areas vulnerable to coastal hazard risk over 100-year timeframe and develop a Local Planning Policy help guide development within this area.

Local Planning Scheme No. 6 Amendment No. 5 – Coastal Hazard Risk Area Special Control Area

In March 2017 Council resolved to support the proposed inclusion of a ‘Coastal Hazard Risk Area’ SCA into LPS6. The purpose of the SCA is to delineate areas of Broome townsite that will be required to undertake coastal hazard risk management and adaptation planning (Adaption Planning) prior to undertaking development.

The amendment was forwarded onto the WAPC for determination. The WAPC considered the amendment and made its recommendation to the Minister for Planning.

The Minister for Planning has written to the Shire and requested the amendment be modified to ensure consistency with State Coastal Planning Policy (see Attachment No.1).

COMMENT

The Minister for Planning has directed the Shire of Broome to modify and advertise the amendment in accordance with Regulation 56 of the Planning and Development Act 2005 (see Attachment No.1). A list of modifications outlined by the Minister and officers’ comments are provided below:

Minister’s Direction:

Delete point 2 of the proposed amendment text and replace with the following:

2. Inserting a new Clause 5.2.9 as follows:

5.2.9 Coastal Hazard Risk Area (SCA9)

5.2.9.1 Objectives:

a) To ensure land in the coastal zone is continuously provided for coastal foreshore management, public access, recreation and conservation.

b) To ensure public safety and reduce risk associated with coastal erosion and inundation.

c) To avoid inappropriate land use and development of land at risk from coastal erosion and inundation.

d) To ensure land use and development does not accelerate coastal erosion or inundation risks: or have a detrimental impact on the functions of public reserves.

e) To ensure that development addresses the Broome Townsite Coastal Hazard Risk Management and Adaptation Plan prepared in accordance with State Planning Policy No. 2.6 State Coastal Planning Policy (as amended) and any relevant local planning policy prepared in accordance with this Scheme.

5.2.9.2 Additional Provisions

(a) Notwithstanding the provisions of Clause 5.1.3. development approval is not required within SCA9 for the following development, if such development is otherwise exempt from requiring development approval under the Scheme:

i. Temporary or non-permanent structures not used for human habitation;

ii. Extensions to an existing single, grouped or multiple dwelling where the gross floor area of the proposed extension is no more than 50m2; and

iii. A change of use to a ‘P’ use where no new structures are proposed.

Officer Comment:

The Minister’s direction provides greater detail in terms of the proposed objectives of the Coastal Hazard Risk Area. The objectives are consistent with the ‘principles’ set out in the DPLH’s Draft Planned or Managed Retreat Guidelines (2017) and do not materially affect the intent of the original SCA.

The list of exemptions is consistent with the earlier scheme amendment and was previously supported by Council. These exemptions will only apply in circumstances where development is otherwise exempt from requiring approval under LPS6.

Please note that the local planning policy (LPP) referenced above is in the process of being prepared. A draft LPP has been referred to the DPLH for review and it is anticipated that the draft LPP will be workshopped with Council in July 2018 and presented to Council in August 2018 to adopt for the purposes of seeking public comment.

Minister’s Direction:

Modify point 3 of the amendment text to apply the extent of the SCA9 boundary to align with the 7 metre Australian Height Datum line north of the China Town area and around Dampier Creek, and modify the scheme amendment maps in accordance with the attached plan.

Officer Comment:

The original SCA boundary north of Chinatown and around Dampier Creek was determined based on the impact of a 1-in-500 year storm surge inundation event and a 1-in100-year stormwater run-off event occurring simultaneously in 2110 planning timeframe. The proposed modification to remove the impact of stormwater runoff is consistent with the policy provisions the State Coastal Planning Policy, which only considers storm surge inundation.

The likelihood of an extreme storm surge and rainfall event occurring simultaneously is heightened by the nature of cyclonic conditions, however it is considered that catering for a 1-in-500-year storm surge event for 2110 (100 year planning timeframe) will provide sufficient risk management and balance the need for economic development with future coastal hazard risk.

Minister’s Direction:

Amend the scheme maps and realign the SCA4 boundary so as not to overlap with the SCA9 boundary.

Officer Comment:

The modification is supported as delineating the two SCA areas will reduce uncertainty as to which development control provision applies. The SCA9 (Coastal Hazard Risk Area) boundary is to be aligned to the 7m Australian Height Datum and will supersede any portion of SCA4 (Flood Prone Land) that is overlapped. A copy of the revised SCA boundary is included in Attachment No.2. A list of properties located within in the revised SCA9 boundary is included in Attachment No.4.

Summary

It is considered that the required modifications provide greater alignment to DPLH’s State Coastal Planning Policy and the Draft Managed or Planned Retreat Guidelines, and do not materially affect the intent of the SCA. It is therefore recommended that Council support the Scheme Amendment with required modifications and forward it to the WAPC and the Minister for Planning for final approval. A copy of the original scheme amendment report with the Minister for Planning’s modifications is included in Attachment No. 3.

CONSULTATION

The Minister for Planning has determined that the modifications are significant and has directed the Shire to advertise the modifications in accordance with the provisions of Part 5, Division 3 of the Planning and Development (Local Planning Scheme) Regulations 2015 being no less than 42 days advertising and 60 days to consider submission and resubmit documentation to the WAPC.

The modification was advertised for a period of 43 days, including:

· Letters to landowners of newly affected properties;

· Public notice included the Broome Advertiser Newspaper on 24 May 2018;

· Display of a copy of the notice in the Shire Administration Office, Broome Public Library and on the Shire website;

· A public notice at the front of the Administration Office and at the Library.

Advice from the DPLH identified that it was only necessary to contact properties in the SCA that were not included in the initial scheme amendment process. The revised SCA area included 18 additional properties and the property owners were all given the opportunity to comment during the submission period.

No submissions were received at the close of public advertising.

STATUTORY ENVIRONMENT

Planning and Development (Local Planning Schemes) Regulations 2015 Part 5 Division 4

56. Minister or authorised person may direct modifications to standard amendment be advertised

(1) Before a decision is made under section 87 of the Act, the Minister or an authorised person may direct the local government to advertise modifications to a standard amendment to a local planning scheme if —

(a) the local government proposes, or the Commission recommends, that the amendment that was advertised under regulation 47(2) be modified; and

(b) the Minister or authorised person is of the opinion that the modification is significant.

(2) The direction must include details of the process to be followed in respect of the advertisement including timeframes for —

(a) the making and consideration of submissions on the modifications; and

(b) providing recommendations to the Minister or authorised person following the advertisement.

(3) If a local government is given a direction under subregulation (1) the local government must advertise the modification to the amendment to the local planning scheme as directed by the Minister or authorised person.

POLICY IMPLICATIONS

State Planning Policy 2.6- State Coastal Planning

5.5 Coastal hazard risk management and adaptation planning

(i) Adequate coastal hazard risk management and adaptation planning should be undertaken by the responsible management authority and/or proponent where existing or proposed development or landholders are in an area at risk of being affected by coastal hazards over the planning timeframe. Coastal hazard risk management and adaptation planning should include as a minimum, a process that establishes the context, vulnerability assessment, risk identification, analysis, evaluation, adaptation, funding arrangements, maintenance, monitoring and review, and communicate and consult.

(ii) Where a coastal hazard risk is identified it should be disclosed to those likely to be affected. On consideration of approval for subdivision and/or development current and/or future lot owners should be made aware of the coastal hazard risk by providing the following notification on the certificate on title: VULNERABLE COASTAL AREA –This lot is located in an area likely to be subject to coastal erosion and/or inundation over the next 100 years.

(iii) Where risk assessments identify a level of risk that is unacceptable to the affected community or proposed development, adaptation measures need to be prepared to reduce those risks down to acceptable or tolerable levels. Adaptation measures should be sought from the following coastal hazard risk management and adaptation planning hierarchy on a sequential and preferential basis:

(1) Avoid the presence of new development within an area identified to be affected by coastal hazards. Determination of the likely consequences of

coastal hazards should be done in consideration of local conditions and in

accordance with the guidelines provided in Schedule One.

(2) Planned or Managed Retreat or the relocation or removal of assets within an area identified as likely to be subject to intolerable risk of damage from coastal hazards over the planning time frame.

(3) If sufficient justification can be provided for not avoiding development of land that is at risk from coastal hazards then Accommodation adaptation measures should be provided that suitably address the identified risks. Such measures would involve design and/or management strategies that render the risks from the identified coastal hazards acceptable.

(4) Where sufficient justification can be provided for not avoiding the use or development of land that is at risk from coastal hazards and accommodation measures alone cannot adequately address the risks from coastal hazards, then coastal Protection works may be proposed for areas where there is a need to preserve the foreshore reserve, public access and public safety, property and infrastructure that is not expendable.

5.11 Precautionary principle

(i) Where there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason to postpone measures to prevent environmental degradation.

(ii) The onus is on any proponent to show that development does not pose any likelihood of serious or irreversible harm to the environment.

(iii) If the proponent cannot demonstrate there is not a likelihood of such harm, the onus is on the development proponent to show that the harm can be managed.

Draft or Managed Retreat Guidelines 2017

Principles

a) To ensure land in the coastal zone is continuously provided for coastal foreshore management, public access, recreation and conservation.

b) To ensure public safety and reduce risk associated with coastal erosion and inundation.

c) To avoid inappropriate land use and development of land at risk from coastal erosion and inundation.

d) To ensure land use and development does not accelerate coastal erosion or inundation risks; or have a detrimental impact on the functions of public reserves.

FINANCIAL IMPLICATIONS

Nil.

RISK

By undertaking the CVS the Shire recognised that coastal hazards are an ongoing risk which need to be recognised, evaluated and ultimately managed. Risk identification in the CVS was undertaken in accordance with the State Coastal Planning Policy and the precautionary principle, which minimises the risk of future liability to the Shire. The preparation and adoption of the Broome townsite CHRMAP further reduces this risk by providing a series of targeted actions, including the incorporation of a SCA, that can be undertaken to manage or adapt to the identified risks.

Notwithstanding this, a risk of future liability to the Shire remains should it fail to take into account the outcomes of the CVS in making planning decisions. The proposed SCA will reduce the chance of this occurring as it will ensure that areas at risk of coastal hazards under the CVS are clearly identified to Shire staff, Councillors, landowners and community members through LPS6. The SCA will provide a trigger for those undertaking and assessing development that the recommendations of the CHRMAP must be taken into account.

It is noted that the proposed SCA captures all properties that will be impacted by coastal hazards as defined by the State Coastal Planning Policy, and does not differentiate between levels of risk. For instance, some properties in the SCA may be subject to over 1 metre of coastal inundation, as well as the risk of erosion, whilst others may be subject to minor inundation as a storm surge event, with minimal depth of flooding lasting for a short duration. The CHRMAP consider the variations in risk likelihood and consequence in more detail.

STRATEGIC IMPLICATIONS

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

A healthy and safe environment

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

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

A built environment that reflects 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

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

Affordable and equitable services and infrastructure

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

Sustainable and integrated strategic and operational plans

Responsible resource allocation

Effective community engagement

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council:

1. Supports Amendment No. 5 to Local Planning Scheme No.6 with modifications as directed by the Minister for Planning in accordance with regulation 56 and 50 (3) of the Planning and Development (Local Planning Schemes) Regulations 2015.

2. In accordance with regulation 53 (1) of the Planning and Development (Local Planning Schemes) Regulations 2015, provides the Western Australian Planning Commission with a copy of:

(a) the advertised amendment together with modifications;

(b) a copy of the Council resolution; and

(c) a copy of the proposed mapping changes.

3. Forwards the amendment documentation to the Western Australian Planning Commission and the Minister for Planning in accordance with regulation 53 (1) of the Planning and Development (Local Planning Schemes) Regulations 2015.

Attachments

1.	Minister for Planning Modifications
2.	Revised Special Control Area Mapping
3.	Scheme Amendment Report
4.	Properties Included in the Revised SCA9 Boundary

Agenda – Ordinary Meeting of Council 26 July 2018 Page 0 of 1

9.2.4 COMMUNITY ENGAGEMENT PLAN - REVIEW OF MUNICIPAL INVENTORY

LOCATION/ADDRESS: Shire of Broome

APPLICANT: Nil

FILE: PLA10

AUTHOR: Project Officer - Development and Community

CONTRIBUTOR/S: Manager Planning & Building Services

RESPONSIBLE OFFICER: Director Development and Community

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 6 July 2018

SUMMARY: The Shire is required under the Heritage Act of Western Australia 1990 to maintain a Municipal Inventory of Heritage Places (Municipal Inventory) and to review the Municipal Inventory every 4 years. The Shire’s Municipal Inventory was last reviewed in 2014 and provision has been made in the 2018-19 budget to undertake a further review.

This report requests that Council consider and endorse a Community Engagement Plan for the project.

BACKGROUND

Previous Considerations

OMC 15 October 2002 Item 9.2.1

OMC 12 August 2003 Item 9.2.2

OMC 18 December 2012 Item 9.2.1

OMC 14 August 2014 Item 10.4

OMC 27 August 2015 Item 9.2.4

OMC 25 August 2016 Item 9.2.7

COMMENT

A Municipal Inventory is a survey of heritage places in a local government area which identifies local heritage assets and provides the base information needed for local heritage. Municipal Inventories also are an informing document for the preparation of a Heritage List adopted under a Local Planning Scheme. In the Shire of Broome’s case, under Clause 8(5) of Schedule A of Local Planning Scheme No. 6, the Municipal Inventory forms the Heritage List. This means that any development of a place on the Municipal Inventory requires planning approval from the Shire.

Every local government is required to prepare and adopt a Municipal Inventory under the provisions of the Heritage Act of Western Australia 1990 (Act). Local governments are further required to undertake a review of the Municipal Inventory every 4 years and can update the document annually. The Shire last undertook a full review of its Municipal Inventory in 2014 and provision has been made in the 2018-19 budget to undertake a further review.

Additional Nominated Places – 2014

During the 2014 review 15 additional places were recommended for inclusion in the Municipal Inventory. These are set out in the table below.

Place	Proposed Grading
Common Gate – Old Town Broome	B - Considerable significance
Tramline formation and remnants – Town Jetty to Streeter Jetty	B - Considerable significance
McDaniels Foreshore camp area - Roebuck Bay	B - Considerable significance
Commemorative Statue - Roebuck Bay	C - Some significance
Site of Broome Tree Nursery - Scott Street	C - Some significance
Lurujarri Heritage Trail - Cable Beach	A - Considerable significance
Site of Wavesong – Cable Beach	C - Some significance
Site of Pearl Coast Zoo – Cable Beach	C - Some significance
Site of Cable Beach Crocodile Park – Cable Beach	C - Some significance
Site of Bilingurr Japanese Gardens – 3km north of Cable Beach	C - Some significance
Sisters of St John of God retreat – Kavite Road	C - Some significance
Kimberley De Gray Stock Route Including Wells	A - Considerable significance
Talgarno Military Base – Anna Plains	B - Considerable significance
Site of Streeter Station	C - Some significance
Site & Memorial of World War Two Crash – Smirnoff Beach	B - Considerable significance

At its August 2014 Ordinary Meeting, Council considered the outcomes of the Municipal Inventory and resolved the following, with respect to the additional nominated places:

Receives Attachment 3 as a suggested list of nominated places for the purposes of consulting with the landowners prior to further consideration by Council for future inclusion on the Municipal Inventory of Heritage Places.

Subsequent to Council’s resolution, officers reviewed the list and determined that insufficient information had been provided to consider the places at that time, because:

· the majority of the places do not have adequate locational details to enable officers to investigate/locate the sites, and in some cases identify the landowners; and

· the information supplied would not meet the State Heritage Office’s Criteria for the Assessment of Local Heritage Places and Areas.

Given this, it was determined that the places would be considered as part of the next full review of the Municipal Inventory when resources would be allocated for a professional heritage consultant to undertake further research and assessment. This work is now proposed to be undertaken.

The Project Plan for the Municipal Inventory review establishes that most of the administrative work on the project will be undertaken in-house by Shire staff. A budget allowance has been made to engage a heritage specialist to analyse and provide advice on the 15 places nominated in 2014, as well as any additional places that are nominated through Phase 1 of the proposed Community Engagement process, which is described in greater detail below.

Proposed Community Engagement Plan

Officers have prepared a Community Engagement Plan (CE Plan) for Council’s consideration setting out how the community will be involved in the Municipal Inventory review. The CE Plan is included as Attachment 1 to this report. The CE Plan proposes a two-phase engagement process:

· Phase 1 – Informing the community that a review of the Municipal Inventory is being undertaken and calling for the public to nominate new places or request that existing places are reviewed / updated; and

· Phase 2 – Consultation with all landowners of new nominated places or any places where major modifications are recommended to the existing place records, including the 15 places nominated in the 2014 review.

It is considered that this process will enable the Shire to meet its obligations under the Act to undertake ‘proper public consultation’ when preparing or reviewing a Municipal Inventory. It also meets the consultation requirements for adopting a Heritage List under Clause 8(3) of the Deemed Provisions of Local Planning Scheme No. 6, which are relevant as the Municipal Inventory currently forms the Heritage List. These requirements state that the local government:

a. Notifies in writing each owner and occupier of the place and provides them with a written description;

b. Invites the owner to make a submission on the proposal for a minimum period of 21 days;

c. Carries out any other consultation the local government considers appropriate.

Based on the above, it is recommended that Council endorse the CE Plan.

CONSULTATION

The attached CE Plan sets the Level of Engagement for this project as ‘Inform’ and ‘Consult.’ The following actions are proposed to be undertaken to achieve this level of engagement:

· Phase 1 – Media Release; Public Notice in the Broome Advertiser, on the Shire website and notice board; fact sheets for the general public explaining the project; and letters to primary stakeholders advising of the review;

· Phase 2 - Letters to landowners of proposed new or amended places including clear explanatory material and site visits upon request.

STATUTORY ENVIRONMENT

Heritage of WA Act 1990

45. Local government to compile etc. inventory of buildings with cultural heritage significance

(1) A local government shall compile and maintain an inventory of buildings within its district which in its opinion are, or may become, of cultural heritage significance.

(2) The inventory required by subsection (1) shall be compiled no later than 4 years from the commencement of this Act and shall be —

(a) updated annually; and

(b) reviewed every 4 years after compilation.

(3) A local government shall provide the Council with a copy of the inventory compiled pursuant to this section.

(4) A local government shall ensure that the inventory required by this section is compiled with proper public consultation.

Local Planning Scheme No. 6 – Deemed Provisions

8. Heritage list

(1) The local government must establish and maintain a heritage list to identify places within the Scheme area that are of cultural heritage significance and worthy of built heritage conservation.

(2) The heritage list —

(a) must set out a description of each place and the reason for its entry in the heritage list; and

(b) must be available, with the Scheme documents, for public inspection during business hours at the offices of the local government; and

(c) may be published on the website of the local government.

(3) The local government must not enter a place in, or remove a place from, the heritage list or modify the entry of a place in the heritage list unless the local government —

(a) notifies in writing each owner and occupier of the place and provides each of them with a description of the place and the reasons for the proposed entry; and

(b) invites each owner and occupier to make submissions on the proposal within 21 days of the day on which the notice is served or within a longer period specified in the notice; and

(c) carries out any other consultation the local government considers appropriate; and (d) following any consultation and consideration of the submissions made on the proposal, resolves that the place be entered in the heritage list with or without modification, or that the place be removed from the heritage list.

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

The adopted 2018-19 budget allocates $14,400 to the Municipal Inventory and Heritage List review. This funding will be used to engage a professional heritage consultant to review the proposed new places and any amendments to existing places. Costs associated with the implementation of the CE Plan are anticipated to be minor and shall be met using the general planning advertising budget.

RISK

Every local government is required under the Act to undertake a review of the Municipal Inventory every four years, and ‘proper public consultation’ is a legislative requirement of this review. This CE Plan ensures that the Shire will be able to meet its responsibilities under the Act.

STRATEGIC IMPLICATIONS

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

Effective communication

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

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

Effective community engagement

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council:

1. Endorses the Community Engagement Plan for the Municipal Inventory of Heritage Places review as set out in Attachment 1; and

2. Authorises the Director Development and Community to make minor changes to the plan as required during implementation.

Attachments

1.	Community Engagement Plan

Agenda – Ordinary Meeting of Council 26 July 2018 Page 0 of 1

9.2.5 SUBMISSION ON PLANNING REFORM GREEN PAPER

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: PLA01

AUTHOR: Strategic Planning Coordinator

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Manager Planning & Building Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 2 July 2018

SUMMARY: The Minister for Planning has commissioned an independent review of the planning system to identify ways to make it more efficient, open and understandable to everyone.

A Green Paper has been developed by the Planning Reform team proposing five key reform areas – that the planning system should be strategically-led, legible, transparent, efficient and delivering smart growth. The Green Paper is an independent discussion paper and does not represent Government policy.

The Minister has released the Green Paper for public comment. The responses received will inform Government’s response and the development of a White Paper that will set out the Government’s reform agenda for a modern planning system.

This report provides a review of the key proposals and recommends that Council makes a formal submission on the Green Paper to the Minister of Planning.

BACKGROUND

Previous Considerations

Nil.

COMMENT

The Minister for Planning has commissioned an independent review of the planning system to identify ways to make it more efficient, open and understandable to everyone.

The Green Paper proposes ways to modernise the planning system for Western Australia to make it fairer, more open and understandable, less complicated and able to reach effective decisions quicker. It includes five key reform proposals that seek to deliver a combined total of 75 actions. A copy of the Green Paper is included in Attachment No.1.

Key Reform Proposals

Key Reform	Intent	Proposal
Strategically-led	Make strategic planning the cornerstone of the planning system	· Local governments to have up-to-date local planning strategies, including one for housing, through which the community has a say in how their neighbourhood will be developed. · Make strategic planning for sustainable development the purpose of planning in Western Australia.
Legible	Make the planning system easy to access and understand	· A single concise State Planning Policy framework with common elements for State, regional and local plans and policies. · A comprehensive local planning scheme will be available online for each local government including a local planning strategy, the statutory scheme and local planning policies. · Reduce red tape by standardising commonly used zones.
Transparent	Open up the planning system and increase community engagement in planning	· A Community Engagement Charter with a focus on up-front community involvement in strategic planning. · Re-balance Development Assessment Panel processes including recording meetings, providing reasons for decisions, and undertaking more comprehensive investigation and consideration of complex proposals. · Local governments to report annually on their planning responsibilities.
Efficient	Make the planning system well-organised and more efficient	· Revise the West Australian Planning Commission (WAPC) to include 5-7 specialist members and increase their focus on strategic planning and policy development. · WAPC to delegate more statutory matters to the Department of Planning, Lands and Heritage and accredited local governments. · Rethink administrative processes that add unnecessary time and cost to approvals processes.
Delivering smart growth	Refocus the planning system to deliver quality urban infill	· The State Government, WAPC and local government to collaborate on the planning and delivery of key centres and infill locations and forward planning of infrastructure. Develop a State Planning Policy focused on delivering consolidated and connected smart growth. · Provide for coordinated land use and transport planning of key urban corridors.

WALGA response to the Green Paper

WALGA has prepared a draft response to the Planning Reform Green Paper and has provided its members with a copy to assist with the preparation of their submissions. The draft response outlines WALGA’s level of support for each proposal, including a written response to justify their position. A copy of the WALGA draft submission is included in Attachment No. 2.

Shire officers have reviewed the WALGA submission and are generally supportive of its initial assessment. However, it is important to note that the submission is only a draft and will continue to be refined prior to finalisation. Furthermore, it is also noted that many of the reforms relate specifically to the metropolitan area and therefore are not applicable to the Shire of Broome.

It is recommended that Council provide a response to the Minister of Planning that addresses the key issues relevant to the Shire of Broome rather than simply endorsing the extensive draft WALGA submission. It is recommended that the submission build upon the draft WALGA submission, where relevant, and provide additional comments where applicable.

A copy of the draft Shire submission is included in Attachment No.3 and an overview of the proposed responses on some of the key issues has been provided below. Any submission by the Shire of Broome will be considered by State Government in the preparation of a Planning Reform White Paper.

Proposal	Supported	Proposed Response
Proposal 1.3.1 – Provide that every local planning strategy include a local housing strategy, except for low growth and small regional local governments which only require basic local planning scheme requirements.	In part	Clarification is required under which circumstances a Local Housing Strategy (LHS) is required, including a clear definition of “low growth and small regional local governments” which would be exempt from the requirement. It is further suggested that the term “low growth” be reconsidered. While the value of a LHS is noted, where the Local Planning Strategy already provides for adequate growth and housing diversity, the requirement for a LHS to be prepared prior to a Local Planning Strategy could add significant cost to Local Governments and may not add value.
Proposal 2.2.1 - State Planning Policies be consolidated into a single state planning policy framework with supplementary technical guidance.	Yes	The Shire’s support is based on the understanding that the term ‘state planning policy framework’ refers to a single State Planning Policy which will be based on models adopted in Queensland, the United Kingdom and Wales, which provide detailed technical guidance documents for practitioners and development proponents. It is also understood that technical guidance would be regularly updated, prepared in consultation with a range of stakeholders including Local Governments, and maintained in a soft format online, which can be more readily updated as circumstances change.
Proposal 2.4.1 - Require that a local planning scheme be published with the inclusion of the Local Planning Strategy (in the form of a local strategic statement) and Local Planning Policies in a document to be called a “Comprehensive Local Planning Scheme”.	No	As per WALGA’s draft position statement (DPS), page 29 of the Green Paper states that “The approach would also require additional process at State level as it introduces the need for local planning policies to be subject to State Level scrutiny to ensure content does not conflict with State Planning policies and use of a consistent format. This should be undertaken by the DPLH and approved by the Minister for Planning” (which is then reflected in recommendation 2.4.2). The Shire objects to the review of Local Planning Policies (LPPs) by the DPLH, WAPC and the Minister. LPPs are intended to guide development-related matters specific to local considerations and do not guide strategic decisions. To have LPPs follow this process would result in a significant administrative burden, require additional time and is likely to lead to a less responsive planning framework (due to local government reluctance to undertake the process to amend them). In accordance with one of the cornerstones of the proposed reform package, the State should direct its focus to strategic planning instruments, not LPPs. The implementation of a LPP template would improve consistency of planning policy across the State, however it is worth noting that many Local Governments (including the Shire of Broome) have their own policy template that is applied across internal departments. Introducing a standard State-wide template would make Local Planning Policies clearly distinct from other Shire of Broome policies.
Proposal 2.4.3 - Local governments currently undertaking, or about to embark on, a substantive review of their planning frameworks delay preparation of local planning strategies and local planning schemes (and related omnibus amendments) until guidance on the format and content of local planning frameworks is available.	No	The Shire of Broome objects to this recommendation. Reform processes generally take time and to delay preparation of Local Planning Schemes and Strategies until the reform is completed is likely to lead to an outdated planning framework and poorer outcomes.
Proposal 2.5.1 - The Department of Planning, Lands and Heritage to provide guidance in the Local Planning Manual on the appropriate use of each local planning instrument.	Yes	A comprehensive review of the Local Planning Manual should be done as a priority, to ensure it is reflective of the current legislative framework and provides adequate guidance to Local Governments and development proponents.
Proposal 2.7.3 - Provide in the Local Planning Schemes Regulations that there are deemed provisions which set out standardised zones, land uses and land use permissibility which: i group like-land uses into themes for which common development standards can be prepared ii identify low risk land use proposals by including suitable parameters for which a streamlined planning process apply iii are mandatory for local government to adopt within their municipalities through the next scheme review or omnibus amendment.	In Part	While a movement towards greater uniformity in planning schemes may make navigating the planning process easier for proponents working across a number of local governments, the suggestion to make one set of zones, land uses and permissibility mandatory across the State by incorporating these elements into the Deemed Provisions is not supported. The Shire of Broome considers that this will reduce Local Government’s ability to tailor their planning instruments to reflect local character and circumstances. It is preferred that the modifications, if undertaken, be contained in the Model rather than Deemed Provisions, as there needs to be an opportunity for local governments to vary them to accommodate special circumstances.
Proposal 3.6 (1-11 inclusive)- Transparency and Accountability of Development Assessment Panels (DAP)	Yes	The proposed DAP reforms are considered to improve transparency, accountability and consistency of decision making.
Proposal 4.1.3 - Increase delegations from the Western Australian Planning Commission (WAPC) to the Department of Planning, Lands and Heritage and local government, for the purpose of the WAPC focussing on the State policy framework and regional strategic planning.	In Part	The Shire supports the full content of WALGA’s draft Position Statement in respect to this proposal. In summary, the Green Paper proposes that accredited local governments receive delegation to determine small infill subdivision and subdivision in accordance with an approved local structure plan, and that the optional DAP Application category be removed so local government can again determine these applications. The Shire supports these proposals and considers that delegations could extend to structure plans and scheme amendments that are in accordance with an approved Local Planning Strategy.

Overall, some important reforms are proposed by the Green Paper and it is important that the Shire express its views in relation to these reforms. Therefore, it is recommended that Council make the submission in Attachment No. 3.

CONSULTATION

Nil.

STATUTORY ENVIRONMENT

Planning and Development Act 2005

Local Planning Scheme No. 6

POLICY IMPLICATIONS

The proposed reforms may impact the form and content of Local Planning Policies.

FINANCIAL IMPLICATIONS

Nil.

RISK

Nil.

STRATEGIC IMPLICATIONS

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

Effective communication

Accessible and safe community spaces

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

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

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

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

Improved systems, processes and compliance

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council:

1. Notes the release of the Independent Planning Reform Green Paper and the consultation currently being undertaken in relation to the reform of the planning system.

2. Endorses the submission in Attachment 3 on the Independent Planning Reform Green Paper and requests that the Chief Executive Officer forwards the submission to the Department of Planning, Lands and Heritage.

Attachments

1.	'Modernising Western Australia's Planning System' Green Paper
2.	WALGA Draft Position Statement
3.	Draft Shire of Broome Submission

Item 9.2.5 - SUBMISSION ON PLANNING REFORM GREEN PAPER

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Agenda – Ordinary Meeting of Council 26 July 2018 Page 0 of 1

9.4.1 MONTHLY PAYMENT LISTING - JUNE 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: 10 July 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 June 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 June 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 June 2018 after $413,653.91 in personnel payments, $140,486.34 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

REPORT RECOMMENDATION:

That Council:

1. Receives the list of payments made from the Municipal and Trust Accounts in June 2018 totalling $3,936,867.69(Attachment 1) in accordance with the requirements of Regulation 12 of the Local Government (Financial Management) Regulations 1996 covering:

a. EFT Vouchers 45625 – 46156 totalling $3,452,767.32;

b. Municipal Cheque Vouchers 57526 – 57531 totalling $26,631.93;

c. Trust Cheque Voucher 3449 - 3450 totalling $1,584.97; and

d. Credit Card Payments & Municipal Direct Debits DD24501.1– DD24724.11 totalling $455,883.47;

2. Notes the local spend of $1,286,359.95 included in the amount above, equating to 38.03% of total payments excluding personnel and utility and other external sole supplier costs.

Attachments

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

Agenda – Ordinary Meeting of Council 26 July 2018 Page 0 of 1

9.4.2 MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT JUNE 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: 12 July 2018

SUMMARY: Council is required by legislation to consider and adopt the Monthly Statement of Financial Activity Report for the period ended 30 June 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 (the Shire).

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 2017/18 Annual Budget was adopted at the Ordinary Meeting of Council (OMC) 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 100%

Total Rates Raised Revenue 100% (of which 97.21% were paid)

Total Other Operating Revenue 95%

Total Operating Expenditure 82%

Total Capital Revenue 37%

Total Capital Expenditure 24%

Total Sale of Assets Revenue 93%

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.

The budget was adopted at the OMC on 29 June 2017. Council adopted a balanced annual budget, which included a net carried forward balance of $1,879,323, being $393,426 of carry-over projects, plus $1,485,897 Financial Assistance Grants received in advance.

The final Annual Financial Report for the financial year ending 30 June 2017 was presented to the Audit Committee on 16 October 2017 before the recommendations were presented to the OMC 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 1st Quarter Finance and Costing Review (FACR) was undertaken on 25 October 2017 with the final report presented to the Audit Committee on 6 December 2017, and the Audit Committee recommendations adopted at the OMC on 14 December 2017. The net result of this meeting was a deficit position of $43,601.

The 2nd Quarter FACR was undertaken on 24 and 25 January 2018 with the final report presented to the Audit Committee on 13 February 2018, and the Audit Committee recommendations adopted at the OMC on 22 February 2018. The net result of this meeting was a deficit position of $113,897.

The 3rd Quarter FACR was undertaken on 19 & 23 April 2018 with the final report presented to the Audit Committee on 15 May 2018, and the Audit Committee recommendations adopted at the OMC on 22 February 2018. The net result of all amendments adopted to date is a surplus position of $3,111.

It should be noted that the account balances reflected in this report do not represent the actual end-of-year position. Currently, the Shire is still in the process of determining the 2017/18 final end-of-year position. As these processes are underway, this report is presented as a snapshot of the Shire’s position to the end of the June 2018 at the date of preparation of this report and, in no way, represents the Shire’s final position as this will likely be significantly different to what is presented in this report.

The end-of-year position can only be determined upon completion of the end-of-year processes and will be presented to Council as part of the Annual Financial Statements.

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

REPORT RECOMMENDATION:

That Council:

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

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

Attachments

1.	Monthly Financial Activity Statement Report - June 2018
2.	Schedule 2
3.	Schedule 3-14

Item 9.4.2 - MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT JUNE 2018

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Agenda – Ordinary Meeting of Council 26 July 2018 Page 0 of 1

9.4.3 2018/2019 CHRISTMAS CLOSURE

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: ADM01

AUTHOR: Senior Administration and Governance Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 11 July 2018

SUMMARY: In accordance with prior conventions the Executive Management Group (EMG) is seeking Council approval to close the Shire’s operations over the Christmas/New Year period for 2018/19. This will be subject to a contingency plan identifying key staff required to ensure the ongoing delivery of core services to the community. Employees will be required to take annual or accrued leave during the period which will assist in reducing high annual leave accruals that have proven difficult for some staff to clear on an individual basis.

BACKGROUND

Previous Considerations

OMC 2 September 2010 Item 12.1

OMC 1 September 2011 Item 9.3.3

OMC 6 September 2012 Item 9.4.3

OMC 19 September 2013 Item 9.4.4

OMC 25 September 2014 Item 9.4.3

OMC 26 November 2015 Item 9.4.4

OMC 25 August 2016 Item 9.4.5

OMC 27 July 2017 Item 9.4.3

A report was submitted to the Ordinary Meeting of Council held on 27 July 2017 for the consideration of the closure of the Shire Offices over the Christmas/New Year period. The following was resolved by Council:

Council Resolution:

(Report Recommendation)

Moved: Cr P Matsumoto Seconded: Cr M Fairborn

That Council:

1. Supports the closure of the Administration Office, Broome Civic Centre Office and Depot from Monday 25 December 2017 to Monday 1 January 2018 (inclusive) as outlined in this report (Table 1);

2. Supports the closure of the Broome Public Library from Saturday 23 December 2017 to Monday 1 January 2018 (inclusive) as outlined in this report (Table 2);

3. Supports the closure of the Broome Recreation and Aquatic Centre on Monday 25 December 2017 (Christmas Day) and Monday 1 January 2018 (New Year’s Day) and supports the reduced operating hours as outlined in this report (Table 3) for the period 20 December 2017 to Monday 1 January 2018 inclusive;

4. Supports the closure of the Broome Waste Management Facility on Monday 25 December 2017 (Christmas Day);

5. Acknowledges that employees will utilise annual or accrued leave for the above periods which are not public holidays; and

6. Notes the above closures are subject to a contingency plan outlining staff required to ensure essential services continue to be provided to the public.

CARRIED UNANIMOUSLY 7/0

COMMENT

The Shire does not appear to have received any negative comments resulting from the Christmas closures which have been occurring since 2010/11.

Given the success of previous Christmas closures and reduced hours of operation for the Broome Recreation and Aquatic Centre (BRAC), it is recommended that the Shire close operations or reduce opening hours over the 2018/19 Christmas/New Year period as outlined below.

To ensure essential services are still adequately delivered to the community, the EMG will develop a contingency plan outlining employees and/or departments required to continue working through the period. The contingency plan will also detail the operational management of workloads to ensure minimal disruption to service delivery over the period.

Adequate notice of the closure will be provided to the public to further minimise any disruptions.

Administration Office, Broome Civic Centre Office and Depot (Table 1)

Due to the limited number of staff available during this period, it is proposed that the Civic Centre is not available for hire during the Christmas closure period. The Depot will operate on a “skeleton crew” between 27 December to 1 January.

Closures for the Administration Office, Depot and Broome Civic Centre Office are recommended as follows:

Friday 21^stDecember 2018	OPEN for normal business
Saturday 22^nd December 2018	CLOSED (Weekend)
Sunday 23^rd December 2018	CLOSED (Weekend)
Monday 24^th December 2018	CLOSED (Annual Leave)
Tuesday 25^th December 2018	CLOSED (Christmas Day Public Holiday)
Wednesday 26^th December 2018	CLOSED (Boxing Day Public Holiday)
Thursday 27^th December 2018	CLOSED (Annual Leave)
Friday 28^th December 2018	CLOSED (Annual Leave)
Saturday 29^th December 2018	CLOSED (Weekend)
Sunday 30^th December 2018	CLOSED (Weekend)
Monday 31^st December 2018	CLOSED (Annual Leave)
Tuesday 1^st January 2019	CLOSED (New Years Day Public Holiday)
Wednesday 2^nd January 2019	OPEN for normal business

Broome Public Library (Table 2)

The Library is proposed to be closed for the Christmas period from 5pm Friday 21 December 2018, re-opening for normal business from Wednesday 2 January 2018. Arrangements will be made to allow double loans to cover the closure period.

Friday 21^stDecember 2018	OPEN for normal business
Saturday 22^nd December 2018	CLOSED (3 Hrs Annual Leave)
Sunday 23^rd December 2018	CLOSED (Weekend)
Monday 24^th December 2018	CLOSED (Annual Leave)
Tuesday 25^th December 2018	CLOSED (Christmas Day Public Holiday)
Wednesday 26^th December 2018	CLOSED (Boxing Day Public Holiday)
Thursday 27^th December 2018	CLOSED (Annual Leave)
Friday 28^th December 2018	CLOSED (Annual Leave)
Saturday 29^th December 2018	CLOSED (3 Hrs Annual Leave)
Sunday 30^th December 2018	CLOSED Weekend
Monday 31^st December 2018	CLOSED (Annual Leave)
Tuesday 1^st January 2019	CLOSED (New Years Day Public Holiday)
Wednesday 2^nd January 2019	OPEN for normal business

Broome Recreation and Aquatic Centre (Table 3)

BRAC is proposed to be closed on Christmas Day and New Year’s Day only. Staff advise this is generally a quiet time of the year and as such they are proposing the following opening hours during the period Thursday 20 December 2018 to Tuesday 1 January 2019.

Date	Normal Opening Hours (Centre)	Proposed Opening Hours
Thursday 20^th December 2018	5.45am - 9.00pm	5.45am – 7.30pm
Friday 21^stDecember 2018	5.45am - 7.30pm	5.45am - 7.30pm
Saturday 22^nd December 2018	9.00am – 5.00pm	9.00am – 5.00pm
Sunday 23^rd December 2018	9.00am – 5.00pm	9.00am – 5.00pm
Monday 24^th December 2018	7.00am – 4.00pm	7.00am – 4.00pm
Tuesday 25^th December 2018	CLOSED (Christmas Day Public Holiday)	CLOSED (Christmas Day Public Holiday)
Wednesday 26^th December 2018	10.00am – 5.00pm (public holiday)	10.00am - 5.00pm (Boxing Day Public Holiday)
Thursday 27^th December 2018	5.45am – 9.00pm	7.00am – 6.00pm
Friday 28^th December 2018	5.45am - 7.30pm	7.00am – 6.00pm
Saturday 29^th December 2018	9.00am – 5.00pm	9.00am – 5.00pm
Sunday 30^th December 2018	9.00am – 5.00pm	9.00am – 5.00pm
Monday 31^st December 2018	5.45am - 9.00pm	7.00am – 4.00pm
Tuesday 1^st January 2019	CLOSED (New Years Day Public Holiday)	CLOSED (New Years Day Public Holiday)
Wednesday 2^nd January 2019	5.45am - 9.00pm	Open for normal business 5.45am – 9.00pm

Broome Waste Management Facility

The Waste Management Facility is proposed to be closed on Christmas Day only and normal hours will apply for the remainder of the Christmas closure period. The site will be open for Boxing Day and New Year’s Day public holidays.

CONSULTATION

The closures will be advertised in the Broome Advertiser, on the Shire of Broome website, through media releases and notices will be placed on the Administration Office, Library and BRAC noticeboards.

STATUTORY ENVIRONMENT

Local Government Act 1995

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

Nil.

RISK

Employees may be required to take annual or accrued leave over the closure period. This will assist in reducing leave accruals which have proven difficult for some staff to clear on an individual basis. Auditors have previously identified high leave accruals as an Organisational Risk for the Shire of Broome.

Sufficient advertising of closures as indicated above will inform the community in advance of the closures.

Staff will be rostered on to ensure essential services continue to be provided to the public during this time.

STRATEGIC IMPLICATIONS

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

Responsible resource allocation

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council:

1. Supports the closure of the Administration Office, Broome Civic Centre Office and Depot from Monday 24 December 2018 to Tuesday 1 January 2019 (inclusive) as outlined in this report (Table 1);

2. Supports the closure of the Broome Public Library from Saturday 22 December 2018 to Tuesday 1 January 2019 (inclusive) as outlined in this report (Table 2);

3. Supports the closure of the Broome Recreation and Aquatic Centre on Tuesday 25 December 2018 (Christmas Day) and Tuesday 1 January 2019 (New Year’s Day) and supports the reduced operating hours as outlined in this report (Table 3) for the period Thursday 20 December 2018 to Tuesday 1 January 2019 inclusive;

4. Supports the closure of the Broome Waste Management Facility on Tuesday 25 December 2018 (Christmas Day);

5. Acknowledges that employees will utilise annual or accrued leave for the above periods which are not public holidays; and

6. Notes the above closures are subject to a contingency plan outlining staff required to ensure essential services continue to be provided to the public.

Attachments

There are no attachments for this report.

Agenda – Ordinary Meeting of Council 26 July 2018 Page 0 of 1

9.4.4 MINUTES OF THE JOINT MEETING OF THE KIMBERLEY ZONE OF WALGA AND KIMBERLEY REGIONAL GROUP HELD 2 JULY 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: 10 July 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 2 July 2018.

BACKGROUND

Previous Considerations

A copy of the minutes from the meeting held 2 July 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 2 July 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 group defined through a deed of agreement between the four Kimberley local governments with the Minister for Local Government.

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

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 July 2018 was received on 15 June 2018 and is attached for Council’s information (Attachment 2 – Kimberley Zone Meeting Attachments - 2 July 2018). A copy of the summary minutes from the State Council meeting held 4 July 2018 is not attached to this report as they have not yet been received.

KIMBERLEY ZONE RESOLUTION

(RECOMMENDATION):

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

Moved: Shire of Broome Seconded: Shire of Halls Creek

FOR: 5

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

(RECOMMENDATION):

That the Kimberley Regional Group:

1. Notes the outstanding Resolution Status Report; and

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

Moved: Shire of Wyndham East Kimberley Seconded: Shire of Halls Creek

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 $312,863 as at end of May 2018.

KIMBERLEY REGIONAL GROUP RESOLUTION

(RECOMMENDATION):

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

Moved: Shire of Broome Seconded: Shire of Halls Creek

FOR: 4

AGAINST: 0

9.3 KIMBERLEY ZONE / KIMBERLEY REGIONAL GROUP EXECUTIVE OFFICER

The Kimberley Zone of WALGA and Kimberley Regional Group (Zone / KRG) secretariat transferred from the Shire of Derby West Kimberley (SDWK) to the Shire of Broome in late 2017. The full time Project Officer resigned prior to the transition and left the employment of the group in early January 2018.

Following the Kimberley Zone Meeting held 5 March 2018, the Secretariat developed a revised and renamed Executive Officer position description in line with the requirements of the Zone / KRG Regional Business Plan and endorsed Zone / KRG projects and operational activities.

In conjunction with this review a Request for Quote (RFQ) process was also undertaken to ascertain the cost and availability of suitable consultancy service providers to undertake similar activities under the oversight of the Secretariat.

This report presented the revised Executive Officer position description along with responses to the RFQ process and provided recommendations for the group’s consideration. The position description and Evaluation Report is attached for Council’s information (Attachment 4 – Confidential Attachments – Kimberley Zone Meeting 2 July 2018).

RFQ documents were provided to 5 consultancy service providers having experience delivering similar services to local and State government, as well as the private sector. 2 proposals were received in response to the RFQ. RFQ responses were evaluated by the Shire of Broome’s Director Corporate Services and Manager Governance.

KIMBERLEY REGIONAL GROUP RESOLUTION

(RECOMMENDATION):

That the Kimberley Regional Group:

1. Adopts the recommendation to award a 2 year contract to ATEA Consulting to a maximum contract value of $174,570.00 subject to any required minor variations as per the confidential evaluation report for RFQ18/40 Executive Officer Consultancy Services as contained in Attachment 2;

2. Authorises the Secretariat in collaboration with the Kimberley Regional Group Chief Executive Officer’s to develop and negotiate performance-based contract outcomes with the successful proponent; and

3. Authorises the Secretariat to sign any documents required to enact the contract, subject to any minor variations.

Moved: Shire of Broome Seconded: Shire of Halls Creek

FOR: 4

AGAINST: 0

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

This report presented the minutes from the Regional Waste TAG meeting held on 20 June 2018 and also sought endorsement for the preferred consultant to undertake the update of the Kimberley Regional Waste Management Plan.

A copy of the minutes are attached for Council’s information (Attachment 4 – Confidential Attachments - Kimberley Zone Meeting 2 July 2018).

KIMBERLEY REGIONAL GROUP RESOLUTION

(RECOMMENDATION):

That the Kimberley Regional Group:

1. Receives the minutes from the Regional Waste TAG meeting held 20 June 2018; and

2. Endorse ASK Waste Management as the preferred supplier to undertake a desktop review of the Kimberley Regional Waste Management Plan, as per RFQ 18-54; and

3. Authorise the Secretariat to sign any documents required to enact the contract, subject to any minor variations; and

4. Requests the Secretariat to prepare the 2018/19 Kimberley Regional Group Budget inclusive of a $19,734 allocation for this budget.

Moved: Shire of Halls Creek Seconded: Shire of Broome

FOR: 4

AGAINST: 0

9.5 REGIONAL APPROACH TO ALCOHOL RESTRICTIONS

Following the Kimberley Zone Meeting held 31 April 2018, the Secretariat commenced a review of the proposed alcohol restrictions in the Pilbara. The review focused on elements of the Pilbara proposal that would be of most benefit if implemented in the Kimberley.

In completing this review, officers believe that the adoption of a clear position statement would have the following benefits:

· The Kimberley Regional Group is supportive of the implementation of consistent alcohol restrictions and strategies across the Kimberley

· Demonstrates proactive engagement with the State Government to seek the delivery of region wide alcohol restrictions

· Demonstrates support for alcohol restrictions across the Kimberley region by the KRG

· Provides the Department of Racing, Gaming and Liquor a clear demonstration of what the KRG considers to be key elements of a region-wide

· Demonstrates that the KRG wishes to continue to be engaged in the development of any future regional alcohol restrictions

A position statement was drafted for consideration of the KRG and is attached for Council’s information (Attachment 4 – Confidential Attachments Kimberley Zone Meeting 2 July 2018).

KIMBERLEY REGIONAL GROUP RESOLUTION:

That the Kimberley Regional Group:

1. Endorses in principle the Position Statement on a Regional Approach to Minimum Alcohol Restrictions in the Kimberley as detailed in Attachment 9.5 (c), and circulated out of session.

2. Requests the Secretariat of the Kimberley Regional Group to liaise with the Department of Racing, Gaming and Liquor and other State Government representatives by:

a. Providing the Position Statement on a Regional Approach to Minimum Alcohol Restrictions as per Attachment 9.5 (c).

b. Requesting the Department of Racing, Gaming and Liquor to undertake community and industry consultation across the Kimberley to seek feedback prior to the finalisation of any alcohol restrictions.

c. Advocating for the State Government to fund appropriate support services to accompany the introduction of any alcohol restrictions.

d. Requesting the State Government to fund and implement a Takeaway Alcohol Management System (TAMS) across the Kimberley region.

3. Notes that endorsing the Position Statement on a Regional Approach to Minimum Alcohol Restrictions in the Kimberley as detailed in Attachment 9.5 (c) does not prevent individual towns or communities within the region from adopting a more restrictive approach to alcohol management with endorsement from the Department of Racing, Gaming and Liquor.

Moved: Shire of Broome Seconded: Shire of Halls Creek

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

REPORT RECOMMENDATION:

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 2 July 2018 enbloc.

Attachments

1.	Kimberley Zone Meeting Minutes - 2 July 2018
2.	Kimberley Zone Meeting Attachments - 2 July 2018
3.	Confidential Kimberley Zone Meeting Minutes - 2 July 2018 (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)(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”.
4.	Confidential Attachments - Kimberley Zone Meeting 2 July 2018 (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)(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”.