
VISION OF COUNCIL
"A thriving and friendly community that recognises our history and embraces cultural diversity and economic opportunity, whilst nurturing our unique natural and built environment."
AGENDA
FOR THE
Ordinary Meeting of Council
28 July 2016
OUR VISION
"A thriving and friendly community that recognises our history and embraces cultural diversity and economic opportunity, whilst nurturing our unique natural and built environment."
OUR MISSION
“To deliver affordable and quality Local Government services.”
CORE VALUES OF THE SHIRE
The core values that underpin the achievement of the
mission will be based on a strong customer service
focus and a positive attitude:
Communication
Integrity
Respect
Innovation
Transparency
Courtesy
DISCLAIMER
The purpose of Council Meetings is to discuss, and where possible, make resolutions about items appearing on the agenda. Whilst Council has the power to resolve such items and may in fact, appear to have done so at the meeting, no person should rely on or act on the basis of such decision or on any advice or information provided by a Member or Officer, or on the content of any discussion occurring, during the course of the meeting.
Persons should be aware that the provisions of the Local Government Act 1995 (Section 5.25 (e)) establish procedures for revocation or rescission of a Council decision. No person should rely on the decisions made by Council until formal advice of the Council decision is received by that person. The Shire of Broome expressly disclaims liability for any loss or damage suffered by any person as a result of relying on or acting on the basis of any resolution of Council, or any advice or information provided by a Member or Officer, or the content of any discussion occurring, during the course of the Council meeting.
Agenda – Ordinary Meeting of Council 28 July 2016 Page 3 of 6
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Councillor |
Cr R Johnston |
Cr H Tracey |
Cr M Fairborn |
Cr W Fryer |
Cr E Foy |
Cr D Male |
Cr P Matsumoto |
Cr C MIthcell |
Cr B Rudeforth |
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2015 |
26 November |
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LOA |
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2015 |
17 December |
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2016 |
25 February |
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A |
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2016 |
31 March |
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LOA |
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2016 |
28 April |
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LOA |
A |
LOA |
LOA |
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2016 |
26 May |
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A |
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LOA |
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2016 |
30 June |
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LOA |
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LOA |
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· LOA (Leave of Absence) |
· NA (Non Attendance) |
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· A (Apologies) |
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2.25. Disqualification for failure to attend meetings
(1) A council may, by resolution, grant leave of absence, to a member.
(2) Leave is not to be granted to a member in respect of more than 6 consecutive ordinary meetings of the council without the approval of the Minister, unless all of the meetings are within a period of 3 months.
(3A) Leave is not to be granted in respect of —
(a) a meeting that has concluded; or
(b) the part of a meeting before the granting of leave.
(3) The granting of the leave, or refusal to grant the leave and reasons for that refusal, is to be recorded in the minutes of the meeting.
(4) A member who is absent, without obtaining leave of the council, throughout 3 consecutive ordinary meetings of the council is disqualified from continuing his or her membership of the council, unless all of the meetings are within a 2 month period.
(5A) If a council holds 3 or more ordinary meetings within a 2 month period, and a member is absent without leave throughout each of those meetings, the member is disqualified if he or she is absent without leave throughout the ordinary meeting of the council immediately following the end of that period.
(5) The non‑attendance of a member at the time and place appointed for an ordinary meeting of the council does not constitute absence from an ordinary meeting of the council —
(a) if no meeting of the council at which a quorum is present is actually held on that day; or
(b) if the non‑attendance occurs —
(i) while the member has ceased to act as a member after written notice has been given to the member under section 2.27(3) and before written notice has been given to the member under section 2.27(5); or
(ii) while proceedings in connection with the disqualification of the member have been commenced and are pending; or
(iiia) while the member is suspended under section 5.117(1)(a)(iv); or
(iii) while the election of the member is disputed and proceedings relating to the disputed election have been commenced and are pending.
(6) A member who before the commencement of the Local Government Amendment Act 2009 section 5 1 was granted leave during an ordinary meeting of the council from which the member was absent is to be taken to have first obtained leave for the remainder of that meeting.
[Section 2.25 amended by No. 49 of 2004 s. 19(1); No. 17 of 2009 s. 5.]
Agenda – Ordinary Meeting of Council 28 July 2016 Page 5 of 6
SHIRE OF BROOME
Ordinary Meeting of Council
Thursday 28 July 2016
INDEX – Agenda
3. Declarations of Financial Interest / Impartiality
6. Announcements by President Without Discussion
8. Matters for Which the Meeting May Be Closed
9.1.1 REVIEW OF THE ARTS CULTURE AND HERITAGE ADVISORY COMMITTEE OF COUNCIL
9.1.2 TRADING IN PUBLIC PLACES POLICY
9.1.4 DRAFT JOINT MANAGEMENT PLAN FOR THE YAWURU MINYIRR BURU CONSERVATION PARK
9.1.5 Appointment of Members to the Broome Urban Renewal Community and Stakeholder Reference Group
9.2.1 FINAL ADOPTION OF THE CABLE BEACH DEVELOPMENT STRATEGY
9.2.2 LEASE DISPOSAL - KIMBERLEY REGIONAL OFFICES, BUILDING 1, TENANCY 10
9.2.3 DESIGNATED COUNCIL PARKING AREAS LAYOUT AND TIME RESTRICTIONS PLAN - CHINATOWN
9.2.4 APPLICATION FOR RETROSPECTIVE DEVELOPMENT APPROVAL - PROPOSED SHOP
9.2.6 REVIEW OF LOCAL PLANNING POLICY 8.20 - PROVISION OF PUBLIC ART
9.2.7 Recreational Boating Facilities Funding Agreement - Town Beach Boat Ramp Flexmats Study
9.4.1 MONTHLY PAYMENT LISTING - JUNE 2016
9.4.2 MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT JUNE 2016
9.4.3 PROPOSED POLICY RATE EXEMPTION - CHARITABLE USE.
9.4.4 Ward and Representation Review - Shire of Broome
9.4.5 BROOME REGIONAL RESOURCE RECOVERY PARK - LICENCE TO OCCUPY CROWN LAND
10.1 APPOINTMENT OF MEMBERS TO THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
11.1 PROPOSED CLOSURE OF LANEWAY LINKING WING PLACE AND TANG STREET
11.2 ADOPTION OF CABLE BEACH DEVELOPMENT STRATEGY
12. Business of an Urgent Nature
13. Questions by Members Of Which Due Notice Has Been Given
14. Matters Behind Closed Doors
Agenda – Ordinary Meeting of Council 28 July 2016 Page 7 of 8
NOTICE OF MEETING
Dear Council Member,
The next Ordinary Meeting of the Shire of Broome will be held on Thursday, 28 July 2016 in the Council Chambers, Corner Weld and Haas Streets, Broome, commencing at 5.00pm.
Regards

K R DONOHOE
Chief Executive Officer
21/07/2016
Agenda – Ordinary Meeting of Council 28 July 2016 Page 8 of 9
Attendance:
Leave of Absence:
Apologies:
Officers:
Public Gallery:
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FINANCIAL INTEREST |
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Councillor |
Item No |
Item |
Nature of Interest |
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IMPARTIALITY |
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Councillor |
Item No |
Item |
Nature of Interest |
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That the Minutes of the Ordinary Meeting of Council held on 30 June 2016 be confirmed as a true and accurate record of that meeting.
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The Chief Executive Officer advises that there are matters for discussion on the agenda for which the meeting may be closed, in accordance with section 5.23(2) of the Local Government Act 1995.
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That the following Agenda items be considered under 14. Matters Behind Closed Doors, in accordance with section 5.23(2) of the Local Government Act 1995, as specified: 9.4.6 OBJECTION TO THE RATE RECORD - NON-RATEABLE LAND UNDER SECTION 6.26(2)(g) - RATE EXEMPTION APPLICATION 2015/2016 - KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION Item 9.4.6 and any attachments are confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(iii)) as it contains “a matter that if disclosed, would reveal information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government”, and section 5.23(2)(d) as it contains “legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting”.
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9.1

PRIORITY STATEMENT
Embracing our cultural diversity and the relationship between our unique heritage and people, we aim to work in partnership with the community to provide relevant, quality services and infrastructure that meet the needs and aspirations of our community and those visiting and doing business in our region.
Supporting and contributing to the well-being and safety of our community is paramount, as is our focus on community engagement and participation.
Council aims to build safe, strong and resilient communities with access to services, infrastructure and opportunities that will result in an increase in active civic participation, a reduction in anti-social behaviour and improved social cohesion.
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9.1.1 REVIEW OF THE ARTS CULTURE AND HERITAGE ADVISORY COMMITTEE OF COUNCIL LOCATION/ADDRESS: N/A APPLICANT: N/A FILE: RCS12 AUTHOR: Manager Community Development CONTRIBUTOR/S: Nil RESPONSIBLE OFFICER: Deputy Chief Executive Officer/Director Community & Economic Development DISCLOSURE OF INTEREST: Nil DATE OF REPORT: 6 July 2016 |
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SUMMARY: Following a request from Council and a subsequent workshop, this report presents a review of the purpose, membership and costs associated with the Arts, Culture and Heritage Advisory Committee and presents options for Council’s consideration. |
BACKGROUND
Previous Considerations
OMC 6 September 2012 Item 9.1.2
OMC 1 November 2012 Item 9.1.2
OMC 21 November 2013 Item 9.4.6
OMC 2 June 2015 Item 9.1.1
OMC 25 June 2015 Item 9.1.1
OMC 26 November 2015 Item 9.4.5
At the Ordinary Meeting of Council held on 26 November 2015, Council considered its representation on various Council Committees, working groups and external committees. At this meeting, it was resolved;
That Council not appoint members to the Arts, Culture and Heritage Committee at this time and request the Chief Executive Officer to undertake a review of Committee costs and objectives and report back to Council in March 2016.
At its March planning weekend, Council also requested a workshop to consider Local Planning Policy 8.20 Provision of Public Art. This was held on 28 June 2016 where there was discussion regarding the policy content and its implementation. Officers presented the Guidelines for Developers as part of this workshop and received feedback from Council. The policy content of LPP 8.20 is the subject of a separate report contained in this agenda.
This report presents an outline of the activities of the Arts, Culture and Heritage Advisory Committee since its inception, the costs associated with its operation and some options for Council’s consideration.
The report also provides some comment on the implementation of LPP 8.20 subject to Council’s determination regarding options provided.
COMMENT
Background
The Arts, Culture and Heritage Advisory Committee (ACHAC) was established by Council in September 2012 for the purpose of providing advice to Council on matters relating to arts, culture and heritage. It was recognised that arts, culture and heritage contribute significantly to Broome’s vibrancy as a place to live, work and visit and in order for the Shire to make informed decisions relating to such matters, the advice of community members with specific skills in these areas was sought.
Since its establishment, the ACHAC has considered and made recommendations to Council regarding the following;
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Broome Civic Centre |
- Operational Plan development and review - Programming Policy - Logo development - Annual program review |
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Shinju Matsuri |
- Sponsorship Memorandum of Understanding - Annual review of Festival outcomes against the Shire’s sponsorship objectives - Financial viability and overdraft renewal |
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Heritage |
- Sam Male & DMcD Luggers national registration - Shire of Broome Municipal Heritage Inventory - Heritage Signage Project - MOU with the WA Museum - MOU with the Broome Historical Society - Streeters Jetty project |
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Public Art |
- Public Art Master Plan development and community consultation - Public Art Policy 5.1.6 review - Local Planning Policy 8.20 establishment and review - Establishment of a Public Art Reserve - Public Art Guidelines - Guidelines for Developers - Community capacity building workshops |
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General |
- Shire arts and culture objectives - Arts, Culture and Heritage Plan - Christmas in Chinatown |
Public Art
At the OMC held 26 February 2015, it was resolved:
That Council:
1. Adopts the Public Art Masterplan as attached as a guide for public art initiatives in Broome; and
2. Notes that to facilitate the implementation of the Public Art Masterplan the Chief Executive Officer will review the policies relating to Public Art and present these to the Committee for recommendation to Council.
3. Requests the Chief Executive Officer to consider the installation of a public artwork as part of any development initiatives in Chinatown in the first instance.
Following this resolution, Officers developed a number of documents to guide the implementation of Local Planning Policy 8.20 which requires significant developments to contribute to public art, and Policy 5.1.6 Public Art which outlines Council’s commitment to increasing the amenity of the town through public art. These documents also guide the use of the funds held in the Shire’s Public Art Reserve and the process for ensuring high quality outcomes, including reference to the Arts Culture and Heritage Advisory Committee providing advice to Council regarding public art projects.
Chinatown Revitalisation
In 2014, following extensive public feedback, Council adopted the Chinatown Development Strategy resolving that Council;
3. Authorises the Chief Executive Officer to incorporate actions into the 10 year financial plan for future budget considerations, noting that all recommended actions are subject to detailed business case, budget and/or grant application considerations.
4. Requests the CEO to attempt to source grant and other funding to assist with the implementation of the strategy as soon as possible.
The Strategy, containing several references to public art, heritage interpretation and place activation, was used as the basis for the Chinatown Revitalisation Business Case submitted to the State Government to support an investment by the State of $10 million. Several projects included in the Business Case relate to matters of arts, culture and heritage where the advice of the Arts, Culture and Heritage Advisory Committee was anticipated to be sought for recommendation to Council. These include (but may not be limited to);
- Chinatown Waterfront – interpretation of pearling sheds, activation
- Cultural Centre – culture and heritage interpretation, art and cultural exhibitions
- Street upgrades – public art, functional art, way-finding, rest facilities
- Enhanced laneways – eg community mural projects
- Chinatown Entry Statements
Proposed Options
Officers propose the following three options for Council’s consideration.
Option 1: Officer Recommendation (preferred option)
That Council re-appoint members to the Arts, Culture and Heritage Advisory Committee and endorse the Terms of Reference as attached to this report;
This option proposes that the ACHAC continues to consider and provide advice to Council on matters relating to arts, culture and heritage.
The original reason for establishing the Arts, Culture and Heritage Advisory Committee was to recognise the specialist nature of some of the matters to be considered and to seek expert advice on these matters. In addition, given the prevalence of arts, cultural and heritage activity in Broome, seeking advice and feedback from community members was considered sound community engagement practise. Should Council choose to re-appoint members to the ACHAC, the committee is envisaged to have a significant role in advising Council on ongoing implementation of the Local Planning Policy 8.20, use of funds currently held in the Shire’s Public Art Reserve and implementation of arts culture and heritage projects within the Chinatown Revitalisation project.
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Benefits |
Risks |
Rating |
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- Formal committee of Council requires structured agenda, officer reports and minutes
- Transparent process available for community information
- Specialist advice provided to Council ensuring a quality outcome and decreased risk of community dissatisfaction |
- Staff time to prepare and distribute papers
- Council disagrees with Committee recommendations |
High
Moderate |
Option 2
Requests the Chief Executive Officer to establish an informal working group for the purpose of providing input and feedback on matters relating to arts, culture and heritage within the Shire of Broome:
This is a less formal means of consultation with community members but still provides a mandate to officers to seek advice from working group members to inform recommendations to Council. Council could choose to amend the purpose of the working group so that the group provides advice on matters of a specific nature (eg. public art submissions).
It should be noted that a reduction in staff time to prepare papers for a working group rather than a formal Committee of Council may be negated by an increase in staff time to prepare papers for Council meetings as matters that may have been considered by the ACHAC may be referred directly to Council for consideration.
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Benefits |
Risks |
Rating |
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- Less time commitment for members and staff and therefore less cost to the organisation
- Specialist advice provided to Officers for recommendation to Council increasing likelihood of a quality outcome and decreased risk of community dissatisfaction |
- Community dissatisfaction with the process for decision making
- Potential misinterpretation of working group advice
- Perception of lack of regard for community input into matters relating to arts, culture and heritage
- Limited ability to manage conflicts of interest |
High
Low
Moderate
High |
Option 3:
Chooses not to re-establish the Arts, Culture and Heritage Advisory Committee of Council and:
1. Requests that all decisions relating to arts, culture and heritage matters are submitted directly to Council for consideration;
2. Notes that Council may choose to seek public comment on arts, culture and heritage matters at its discretion;
3. Requests the Chief Executive Officer to amend the Guidelines for Developers and Guidelines for Public Art to reflect Council’s decision.
This means that Council would be required to make decisions relating to arts, culture and heritage without expert advice sought from relevant community members. This increases the risk of community opposition to decisions or, should Council choose to go to open engagement for arts, culture and heritage projects, means that project timelines will be lengthened and possibly stalled.
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Benefits |
Risks |
Rating |
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- No time commitment for members and staff and therefore less cost to the organisation
- Whole of community engagement process
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- Community dissatisfaction with the process for decision making
- No specialist advice provided and potential lack of quality outcome
- Conflicting feedback from community engagement process resulting in delayed decision making
- Community dissatisfaction with outcome
- Perception of lack of regard for community input into matters relating to arts, culture and heritage |
High
High
Extreme
High
High |
Officers recommend that, given there are a number of planned projects requiring artistic, cultural or heritage consideration and specialist advice, members are re-appointed to the ACHAC as per Option 1 outlined above.
Officers recommend that Council reappoint members to the ACHAC rather than establish the group as an informal working group as past experience indicates this will achieve better outcomes. The Access and Inclusion Advisory Committee was transitioned from a working group to a formal committee of Council in late 2013, since this time the Committee has generated more tangible outcomes, meetings have been more efficient and effective and recommendations to Council have been clear and outcomes focussed.
CONSULTATION
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Shire of Kalamunda |
City of Karratha |
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Town of Port Hedland |
City of Melville |
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WA Department of Culture and the Arts |
Chamber of Arts and Culture |
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W.A.R.C.A. |
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STATUTORY ENVIRONMENT
Local Government Act 1995
Division 2 – Council meetings, committees and their meetings and electors’ meetings
Subdivision 2 — Committees and their meetings
5.8. Establishment of committees
A local government may establish* committees of 3 or more persons to assist the council and to exercise the powers and discharge the duties of the local government that can be delegated to committees.
* Absolute majority required.
5.9. Committees, types of
(1) In this section —
other person means a person who is not a council member or an employee.
(2) A committee is to comprise —
(a) council members only; or
(b) council members and employees; or
(c) council members, employees and other persons; or
(d) council members and other persons; or
(e) employees and other persons; or
(f) other persons only.
5.10. Committee members, appointment of
(1) A committee is to have as its members —
(a) persons appointed* by the local government to be members of the committee (other than those referred to in paragraph (b)); and
(b) persons who are appointed to be members of the committee under subsection (4) or (5).
* Absolute majority required.
(2) At any given time each council member is entitled to be a member of at least one committee referred to in section 5.9(2)(a) or (b) and if a council member nominates himself or herself to be a member of such a committee or committees, the local government is to include that council member in the persons appointed under subsection (1)(a) to at least one of those committees as the local government decides.
(3) Section 52 of the Interpretation Act 1984 applies to appointments of committee members other than those appointed under subsection (4) or (5) but any power exercised under section 52(1) of that Act can only be exercised on the decision of an absolute majority of the local government.
(4) If at a meeting of the council a local government is to make an appointment to a committee that has or could have a council member as a member and the mayor or president informs the local government of his or her wish to be a member of the committee, the local government is to appoint the mayor or president to be a member of the committee.
(5) If at a meeting of the council a local government is to make an appointment to a committee that has or will have an employee as a member and the CEO informs the local government of his or her wish —
(a) to be a member of the committee; or
(b) that a representative of the CEO be a member of the committee,
the local government is to appoint the CEO or the CEO’s representative, as the case may be, to be a member of the committee.
5.11A. Deputy committee members
(1) The local government may appoint* a person to be a deputy of a member of a committee and may terminate such an appointment* at any time.
* Absolute majority required.
(2) A person who is appointed as a deputy of a member of a committee is to be —
(a) if the member of the committee is a council member — a council member; or
(b) if the member of the committee is an employee — an employee; or
(c) if the member of the committee is not a council member or an employee — a person who is not a council member or an employee; or
(d) if the member of the committee is a person appointed under section 5.10(5) — a person nominated by the CEO.
(3) A deputy of a member of a committee may perform the functions of the member when the member is unable to do so by reason of illness, absence or other cause.
(4) A deputy of a member of a committee, while acting as a member, has all the functions of and all the protection given to a member.
[Section 5.11A inserted by No. 17 of 2009 s. 20.]
5.11. Committee membership, tenure of
(1) Where a person is appointed as a member of a committee under section 5.10(4) or (5), the person’s membership of the committee continues until —
(a) the person no longer holds the office by virtue of which the person became a member, or is no longer the CEO, or the CEO’s representative, as the case may be; or
(b) the person resigns from membership of the committee; or
(c) the committee is disbanded; or
(d) the next ordinary elections day,
whichever happens first.
(2) Where a person is appointed as a member of a committee other than under section 5.10(4) or (5), the person’s membership of the committee continues until —
(a) the term of the person’s appointment as a committee member expires; or
(b) the local government removes the person from the office of committee member or the office of committee member otherwise becomes vacant; or
(c) the committee is disbanded; or
(d) the next ordinary elections day,
whichever happens first.
POLICY IMPLICATIONS
Policy 5.1.2 Broome History Collection
Policy 5.1.9 Shire of Broome Shinju Matsuri Acquisitive Art Prize
Policy 5.1.6 Public Art
Policy 5.1.12 Broome Civic Centre Programming
LPP 8.6 Municipal Heritage Inventory
LPP 8.20 Provision of Public Art
FINANCIAL IMPLICATIONS
Resource Implications
The current terms of reference (TOR) for the Arts, Culture and Heritage Advisory Committee include the following membership representatives:
3 x Councillors
1 x Heritage organisation
1 x Arts organisation
1 x Cultural organisation
4 x Community representatives (at least one with public art experience)
The TOR provide for quarterly meetings which are publicly advertised, and a formal agenda with agenda reports included is distributed prior to the meeting. The Committee makes recommendations to Council which are then compiled into formal minutes of the meeting. The minutes and the recommendations are considered at the next Ordinary Meeting of Council.
The resource implications for this committee (per meeting) are outlined below.
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Item |
Councillors (in-kind) |
Officers |
Community Members (in-kind) |
Comment |
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Meeting preparation |
4.5 hours |
18 hours |
10.5 hours |
1.5 hours of reading per member, officer time to prepare & distribute agenda |
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Meeting time |
6 hours |
6 hours |
14 hours |
2 hours per meeting per person |
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Follow-up |
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4 hours |
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Minutes preparation and proofing |
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Incidentals |
1 hour |
2 hours |
1 hour |
Advertising, phone, printing |
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Total time per meeting |
11.5 hours |
30 hours |
25.5 hours |
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While Councillor and community member time is in-kind, Shire staff time is a direct cost to the organisation and is estimated at approximately $2,200 per meeting including overheads. Therefore, the annual direct cost to the Shire is $8,800 based on quarterly meetings.
RISK
As discussed above.
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:
A preserved, unique and significant historical and cultural heritage of Broome
Retention and expansion of Broome’s iconic tourism assets and reputation
Our Organisation Goal – Continually enhance the Shire’s organisational capacity to service the needs of a growing community:
An organisational culture that strives for service excellence
Responsible resource allocation
Effective community engagement
VOTING REQUIREMENTS
Absolute Majority
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That Council re-appoint members to the Arts, Culture and Heritage Advisory Committee and endorse the Terms of Reference as attached to this report. (Absolute Majority Required) |
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Reviewed Terms of Reference - ACHAC |
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Item 9.1.1 - REVIEW OF THE ARTS CULTURE AND HERITAGE ADVISORY COMMITTEE OF COUNCIL |
Arts, Culture and Heritage Advisory Committee |
This Committee is currently under review
At the OMC 26 November 2015, Council Resolved:
Council Resolution:
Moved: Cr R Johnston Seconded: Cr B Rudeforth
That Council not appoint members to the Arts Culture and Heritage Committee at this time and request the Chief Executive Officer to undertake a review of Committee costs and objectives and report back to Council in March 2016.
CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 6/0
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3 x Councillors (including Deputies) |
- |
Cr____________ Cr ___________ (Deputy) Cr ___________ Cr ___________ (Deputy) Cr ___________ Cr ___________ (Deputy)
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7x Community Delegates
Chairperson/Deputy
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-
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1 x Heritage Organisation Sarah Keenan, Broome Historical Society 1 x Arts Organisation Sandy Darrington – Arts Organisation 1 x Cultural Organisation Sarah Yu, Nyamba Buru Yawuru 4 x Community Representatives Eunice Yu Vanessa Margetts Gwen Knox Rani Middleton
(Chairperson); (Deputy Chair)
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Officer Responsible |
- |
Deputy Chief Executive Officer/Director Community and Economic Development
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Standing Ex-Officio Members |
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Deputy Chief Executive Officer/Director Community and Economic Development Manager Community Development |
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Meeting Schedule |
- |
Quarterly and other meetings as required
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Meeting Location |
- |
Function or Committee Room, Shire of Broome
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Quorum |
- |
Five (5) voting members as per Section 5.19 of the Local Government Act 1995
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Delegated Authority |
- |
Nil |
FUNCTIONS:
1.0 NAME
The name of the Committee is the Arts, Culture & Heritage Advisory Committee.
2.0 DISTRICT/AREA OF CONTROL
Local Government boundaries of the Shire of Broome.
3.0 VISION / PURPOSE
To provide advice to Council on
matters of Arts, Culture and Heritage. This includes matters relating to the
Shinju Matsuri Festival such as the scope of financial and in kind support
provided to the festival and participation in the Shinju Matsuri Aquisitive
Arts Prize.
To provide advice to Council to
guide the implementation of the Shire of Broome Public Art Policy.
4.0 STATUTE
Shire of Broome Standing Orders Local Law 2003
The Shire of Broome Standing Orders Local Law 2003 (Amended 30 July 2004 and 31 July 2012) apply.
Shire of Broome Policies:
Policy 5.1.6 Public Art
Policy 5.1.9 Shinju Matsuri Acquisitive Art Prize
Various legislative instruments may apply including but not limited to:
Heritage of Western Australia Act 1990
Aboriginal Heritage Act 1972
Museum Act 1969
Copyright Act 1968
Copyright Amendment (Moral Rights) Act 2000
5.0 ESTABLISHMENT
Established by Council Resolution on 6 September 2012.
6.0 OBJECTIVES
1. Research
and develop a draft Arts & Culture Plan for consideration by Council
2. Research
and develop a draft Cultural Heritage Plan for consideration by Council
1. Provide advice to Council on matters relating to the Shinju Matsuri Festival such as;
a. the scope of financial and in kind support provided to the festival; and
b. participation in the Shinju Matsuri Acquisitive Art Prize.
2. Provide advice to Council to guide the implementation of the Shire of Broome Public Art Policy and Local Planning Policy 8.20 and to make recommendations to Council relating to public art regarding the:
a. commissioning model to be used for public art projects;
b. selection of artist(s);
c. approval of concepts and design.
3. Provide input and advice regarding the allocation of funds for arts, culture and heritage activities for the Shire’s annual budget process.
7.0 MEMBERSHIP
7.1 General
Council will appoint three elected
members as Delegates and three elected members as Deputies to the Committee. Three
Shire officers are also appointed as members.
7.2 Tenure of Membership
Where a person is appointed as a member of the Arts, Culture and Heritage Committee the person’s membership of the Committee continues until —
· The person no longer holds office by virtue of which the person became a member.
· The person resigns from membership of the Committee.
· The Committee is disbanded.
· The Council removes the person from the Committee by resolution of Council.
· For elected member Delegates, the next ordinary elections day
Officers may be appointed and removed from the Committee by the Director/s of the functional area responsible for the Committee.
8.0 DELEGATED AUTHORITY
The Committee does not have executive powers or authority to implement actions in areas over which the CEO has legislative responsibility and does not have any delegated financial responsibility. Unless provision has been made in the Budget for expenditure, Committees require an officer report to be presented to Council for endorsement of any proposed expenditure.
9.0 COMMITTEE
9.1 Chairperson
The Chairperson and Deputy Chairperson to be elected by the Committee members. The Chairperson is _________ and the Deputy Chairperson is __________.
The role of Chairperson and Deputy Chairperson are to be vacated following biannual Council elections in October and re-elected from the Committee membership.
9.2 Secretariat
This role is to be fulfilled by a Shire officer from the Community Development Directorate.
9.3 Standing Ex-Officio Members
Shire President and Chief
Executive Officer.
Deputy Chief Executive Officer/Director Community and Economic Development, Manager Community Development or their delegate(s) will be standing ex-officio members. Other officers or community members may be invited to attend meetings as required and to be determined by the Chief Executive Officer.
10.0 MEETINGS
10.1 Annual General Meeting
N/A
10.2 Committee Meetings
The Chairperson
Chief Executive Officer will call meetings every
three months and as required.
Committee meetings will be advertised as per statutory requirements.
10.3 Quorum
Five members including one elected member delegate.
10.4 Voting
Voting shall be by consensus or by a show of hands as directed by the Chairperson. If voting is enacted it will follow principles of S5.21 of the Local Government Act 1995.
Local Government Act 1995
S 5.21 - Voting
(1) Each council member and each member of a committee who is present at a meeting of the council or committee is entitled to one vote.
(2) Subject to section 5.67, each council member and each member of a committee to which a local government power or duty has been delegated who is present at a meeting of the council or committee is to vote.
(3) If the votes of members present at a council or a committee meeting are equally divided, the person presiding is to cast a second vote.
(4) If a member of a council or a committee specifically requests that there be recorded —
(a) his or her vote; or
(b) the vote of all members present, on a matter voted on at a meeting of the council or the committee, the person presiding is to cause the vote or votes, as the case may be, to be recorded in the minutes.
10.5 Minutes of Meetings
The person presiding is to ensure that Minutes of the Meeting are kept of the meetings proceedings.
The Meeting Minutes may be confirmed
by a majority of members present at the meeting in writing via email, after the
completion of the meeting. Once Meeting Minutes have been confirmed by
members they are to be submitted to the Council Secretary be posted on
the Shire’s website.
Recommendations requiring Council action arising from the Meeting Minutes shall be presented to Council at the next Ordinary Council Meeting or earliest available Council meeting if it is not possible to present the Minutes to the next Ordinary Council Meeting.
10.6 Who Acts if No Presiding Member
If, in relation to the presiding member of the Committee:
(a) the office of presiding member and the office of deputy presiding member are vacant; or
(b) the presiding member and the deputy presiding member, if any, are not available or are unable or unwilling to perform the functions of presiding member, then the Committee members present at the meeting are to choose one of themselves to preside at the meeting.
10.7 Members Interests to be Disclosed
Members of the Arts, Culture & Heritage Committee are required to declare their financial interests and complete a Declaration form where relevant, using the principles detailed in the Local Government Act Section 5.65-5.70 with respect to disclosure of financial, impartiality or proximity interests (‘CEO’ in the LGA text means the ‘Chairperson’ in the committee sense).
5.65. Members’ interests in matters to be discussed at meetings to be disclosed
(1) A member who has an interest in any matter to be discussed at a council or committee meeting that will be attended by the member must disclose the nature of the interest —
(a) in a written notice given to the CEO before the meeting; or
(b) at the meeting immediately before the matter is discussed.
Penalty: $10 000 or imprisonment for 2 years.
(2) It is a defence to a prosecution under this section if the member proves that he or she did not know —
(a) that he or she had an interest in the matter; or
(b) that the matter in which he or she had an interest would be discussed at the meeting.
(3) This section does not apply to a person who is a member of a committee referred to in section 5.9(2)(f).
5.9. Types of committees
(1) In this section — “other person” means a person who is not a council member or an employee.
(2) A committee is to comprise —
(f) other persons only.
5.66. Meeting to be informed of disclosures
If a member has disclosed an interest in a written notice given to the CEO before a meeting then —
(a) before the meeting the CEO is to cause the notice to be given to the person who is to preside at the meeting; and
(b) at the meeting the person presiding is to bring the notice and its contents to the attention of the persons present immediately before the matters to which the disclosure relates are discussed.
[Section 5.66 amended by No.1 of 1998 s.16; No. 64 of 1998 s.33.]
5.67. Disclosing members not to participate in meetings
A member who makes a disclosure under section 5.65 must not —
(a) preside at the part of the meeting relating to the matter; or
(b) participate in, or be present during, any discussion or decision making procedure relating to the matter, unless, and to the extent that, the disclosing member is allowed to do so under section 5.68 or 5.69.
Penalty: $10 000 or imprisonment for 2 years.
5.68. Councils and committees may allow members disclosing interests to participate etc. in meetings
(1) If a member has disclosed, under section 5.65, an interest in a matter, the members present at the meeting who are entitled to vote on the matter —
(a) may allow the disclosing member to be present during any discussion or decision making procedure relating to the matter; and
(b) may allow, to the extent decided by those members, the disclosing member to preside at the meeting (if otherwise qualified to preside) or to participate in discussions and the decision making procedures relating to the matter if —
(i) the disclosing member also discloses the extent of the interest; and
(ii) those members decide that the interest —
(I) is so trivial or insignificant as to be unlikely to influence the disclosing member’s conduct in relation to the matter; or
(II) is common to a significant number of electors or ratepayers.
(2) A decision under this section is to be recorded in the minutes of the meeting relating to the matter together with the extent of any participation allowed by the council or committee.
(3) This section does not prevent the disclosing member from discussing, or participating in the decision making process on, the question of whether an application should be made to the Minister under section 5.69.
5.70. Employees to disclose interests relating to advice or reports
(1) In this section —
employee includes a person who, under a contract for services with the local government, provides advice or a report on a matter.
(2) An employee who has an interest in any matter in respect of which the employee is providing advice or a report directly to the council or a committee must disclose the nature of the interest when giving the advice or report.
(3) An employee who discloses an interest under this section must, if required to do so by the council or committee, as the case may be, disclose the extent of the interest.
Penalty: $10 000 or imprisonment for 2 years.
5.71. Employees to disclose interests relating to delegated functions
If, under Division 4, an employee has been delegated a power or duty relating to a matter and the employee has an interest in the matter, the employee must not exercise the power or discharge the duty and —
(a) in the case of the CEO, must disclose to the mayor or president the nature of the interest as soon as practicable after becoming aware that he or she has the interest in the matter; and
(b) in the case of any other employee, must disclose to the CEO the nature of the interest as soon as practicable after becoming aware that he or she has the interest in the matter.
Penalty: $10 000 or imprisonment for 2 years.
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9.1.2 TRADING IN PUBLIC PLACES POLICY LOCATION/ADDRESS: Nil APPLICANT: Nil FILE: LAW016 AUTHOR: Director Development Services CONTRIBUTOR/S: Nil RESPONSIBLE OFFICER: Director Development Services DISCLOSURE OF INTEREST: Nil DATE OF REPORT: 28 June 2016 |
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SUMMARY: Shire of Broome Policies 4.2.12 Trading in Public Places, 4.5.1 Commercial Camel Activities on Cable Beach and 4.5.3 Commercial Activities on Cable Beach all regulate activities undertaken with a trading licence obtained in accordance with the Trading, Outdoor Dining and Street Entertainment Local Law 2003. These policies have been reviewed to ensure they are reasonable and appropriate in facilitating the issuing of trading licences in the Shire. As a result of the review, a single Trading in Public Places policy has been developed incorporating necessary and relevant provisions from all three policies. The new proposed policy incorporates changes made to assist with interpretation and administration of the policy and provide greater flexibility for trading licences to be granted. The purpose of this report is to seek Council’s endorsement of the draft policy for it to be released for targeted stakeholder and broader public consultation. |
BACKGROUND
Previous Considerations
Policy 4.2.12 – Trading in Public Places
OMC 2 August 2010 Item 9.3.2
OMC 15 December 2010 Item 9.3.10
OMC 15 March 2012 Item 9.4.5
OMC 27 March 2014 Item 9.4.5
OMC 17 December 2015 Item 9.4.3
Policy 4.5.1 – Commercial Camel Activities on Cable Beach
OMC 14 February 2008 Item 9.2.1
OMC 19 March 2009 Item 9.1.3
OMC 20 June 2013 Item 9.2.9
OMC 27 March 2014 Item 9.4.5
OMC 17 December 2015 Item 9.4.3
Policy 4.5.3 – Commercial Activities on Cable Beach
OMC 14 February 2008 Item 9.2.1
OMC 19 March 2009 Item 9.1.3
OMC 27 March 2014 Item 9.4.5
OMC 17 December 2015 Item 9.4.3
At the December 2010 Ordinary Meeting of Council (OMC) a resolution to adopt the Trading in Public Places Policy (Trading Policy) was passed. The need for a trading policy to support the Trading, Outdoor Dining and Street Entertainment Local Law (Trading Local Law) arose due to concerns raised about the appropriateness of a trading activity occurring at the Broome Cemetery. The Trading Policy was reviewed but left unchanged at the OMC on 15 March 2012 and 27 March 2014. The Trading Policy was reviewed with only an officer’s position title amended at the 17 December 2015 OMC. It was also noted at the 17 December 2015 OMC that the Trading Policy required further review.
At the OMC on 21 December 2006, Council resolved to rescind the Commercial and Tourism Activities on Cable Beach Policy due to a State Administrative Tribunal (SAT) ruling in relation to a provision of the policy applying to the setting of fees. As a result, Council Officers developed two new policies, the Commercial Camel Activities on Cable Beach Policy (Camel Policy) and the Commercial Activities on Cable Beach Policy (Cable Beach Policy), which were adopted by Council at its February 2008 OMC.
The Camel Policy was reviewed but left unchanged at the OMC on 19 March 2009 and 27 March 2014. The Camel Policy was reviewed and amended at the OMC on 20 June 2013 to update the policy prior to the expiry of the existing trading licences for the commercial camel activities at that time. The Camel Policy was reviewed and amended to increase the number of camels each licensee can have on the beach at any one time from 16 to 18 at the 17 December 2015 OMC. It was also noted at the 17 December 2015 OMC that the Camel Policy required a further full review.
The Cable Beach Policy was reviewed but left unchanged at the OMC on 19 March 2009 and 27 March 2014. At the 17 December 2015 OMC it was noted that the Cable Beach Policy was undergoing a separate review, with the results of this review to be presented to Council if amendments were considered to be required.
COMMENT
Council Officers have undertaken a review of Council Policies 4.2.12 Trading in Public Places (Trading Policy), 4.5.1 Commercial Camel Activities on Cable Beach (Camel Policy) and 4.5.3 Commercial Activities on Cable Beach (Cable Beach Policy). The purpose of this review was to identify the effectiveness and appropriateness of these policies.
These policies all support the operation of the Trading, Outdoor Dining and Street Entertainment Local Law 2003 (Trading Local Law) by providing additional information and controls in relation to the issuing of trading licences under the Trading Local Law. Therefore, the review of these policies was undertaken concurrently with the review of the Trading Local Law.
Officers were aware that the provisions of the policies, and in particular the Trading Policy and the Cable Beach Policy, were difficult to administer, inflexible, presented a barrier to new trading activities being considered and were somewhat out of date. Overall, Officers have found the policies to be unnecessarily restrictive, discouraging of innovation and preventing activities that could activate and add vibrancy to public spaces. Therefore, the review sought to address these issues, while still allowing for sufficient regulatory control and oversight of trading activities.
There was a significant amount of overlap between the three policies also identified. It is for that reason that it is proposed that all three policies be replaced with a single Trading in Public Places policy (new Policy), which includes provisions specific to commercial activities on Cable Beach and commercial camel activities in Schedules 1 and 2 of the new Policy. The new Policy is included as Attachment 1 to this report.
The issues that were identified for each policy as part of the review and the changes proposed through the new Policy are outlined below.
Policy 4.2.12 Trading in Public Places
Objective
The objectives of the Trading Policy are as follows:
1. To facilitate approval of Trading Licences using public places, as defined below, and therefore reducing administrative matters being placed on Council.
2. To protect existing levels of public amenity and safety from the impact of trading activities by adequately addressing potential risk management issues.
3. Maintain equity in the regulation of trading in public places by promoting fairness and certainty to traders and the community.
4. Protect the financial interest of ratepayers through appropriate management of traders in public places and support development of local small business within the Shire of Broome.
In reviewing these objectives, Officers considered that they could be modified to be more positive and look at what should be encouraged rather than discouraged. Therefore, it is recommended that these objectives be replaced with the following:
1. To facilitate the assessment and approval of Trading Licences in accordance with the Trading, Outdoor Dining and Street Entertainment Local Law 2003.
2. To maintain amenity, usability and public safety in public places.
3. Promote fairness and certainty to traders, permanent businesses and the community in relation to trading in public places.
4. Promote vibrancy of public places and economic development in the Shire of Broome.
Definitions
Officers considered that some additional definitions could be added to assist in the interpretation of the new Policy and to align the new Policy better with the Trading Local Law. Note that some of the definitions will need to be amended if and when the proposed amendments to the Trading Local Law take effect.
Policy
The policy provisions in the Trading Policy are lengthy and in some circumstances unnecessarily restrictive.
To assist in the interpretation of the new Policy, its provisions have been refined to assist in interpretation and split into the following categories:
· Criteria which must be met for a trading licence to be issued;
· Conditions that will be imposed on a trading licence;
· Things that cannot form part of a trading activity; and
· Obligations on the holder of a trading licence.
Additional provisions have been retained or added as follows:
· Shire Officers may seek additional information from an applicant to facilitate the assessment of an application;
· Ability to invite applications for trading licences in a particular area or for a particular type of trading activity (included in the Camel Policy and Cable Beach Policy);
· Council may seek public comment on a particular trading licence application if it is considered desirable to do so in the circumstances;
· An authorised person may direct the holder of a trading licence to stop doing something in contravention of the Trading Local Law or trading licence;
· Failure to comply with the obligations on a trader outlined in the Policy is deemed to be a breach of the trading licence conditions for the purposes of clause 2.7(a) of the Trading Local Law;
· The annual fee payable for a trading licence will be due 1 August annually; and
· Advising applicants of their right to object to a decision made by the Shire in accordance with section 9.4 of the Local Government Act 1995 (LG Act).
Also, until such time that proposed amendments are made to the Trading Local Law, it is recommended that the new Policy include the following provisions:
· For the purposes of subclause 5.2.3 of the Trading Local Law, exempting the need for a trading licence for events and activities otherwise approved by the Shire; and
· For the purposes of subclause 2.7(f) of the Trading Local Law, the failure of a licensee to undertake an activity approved by a trading licence for a period of 12 months is considered a ground upon which a trading licence should be cancelled.
The following changes are proposed in the new Policy compared with the existing Trading Policy:
· Removal of need for a supporting statement from a landowner if the activity is on private land, to reflect that the Trading Local Law is used to regulate trading activities on public land. Trading activities on private land require development approval.
· Removal of specific reference to the need to assess the suitability of the activity using land, including the Cemetery. This has been replaced with criteria requiring a trading activity to be consistent with the zoning of the land in the Planning Scheme, any existing use of the land and any management order for the land.
· Removal of the need for only one trading licence for multiple trading activities comprising an event, as it is proposed that approved events be exempt from the need for a trading licence.
· Removal of the restriction on trading within 300m of a permanent business that has for sale any goods or services of the kind offered for sale by the trader. The practical application of this provision has meant that the there are very few places in the town of Broome where a trading licence can be issued. There are also difficulties in interpreting this provision, in relation to what “goods or services of the kind offered for sale by the trader” means and how broadly it should be interpreted.
However, it is still considered necessary to protect the commercial interests of permanent businesses. Therefore, this restriction has been replaced with the requirement that a proposed trading activity does not occur within 300 metres of a permanent business that it would be directly competing with, unless:
- the trading activity does not occur during the ordinary opening hours of the permanent business; or
- the owners of the permanent business have provided their support in writing for the proposed trading activity; or
- Council decides that the proposed trading activity should be approved notwithstanding its proximity to the permanent business.
To support the interpretation of this provision, a new definition has been included in the new Policy for “directly competing with”.
· The requirement that a trading activity undertaken as part of an event not conflict with commercial arrangements in place for local government property, including leases, has been removed given the proposal that approved events be exempt from the need for a trading licence.
· The requirement that a trader be removed from the trading area within 15 minutes of any timeframe approved for the trading activity was removed, as it was considered unnecessarily restrictive. Any issues such as this can be appropriately managed through conditions attaching to a trading licence and the general requirement to make good an area used for a trading licence in the new Policy and Trading Local Law.
· Removal of the need for approval from the land owner and existing business if trading is undertaken in a private car park, as this would be subject to development approval and not a trading licence.
· The need for a hard stand area for stationary trading activities has been removed, as this will not always be required for stationary trading activities.
· Removal of the restriction on using tables and chairs for a trading activity, as this may be appropriate in certain circumstances.
· Removing the statement that a food licence is required, as this is a requirement under the Food Act 2008 in any event.
· Removing the need for approval from the event organiser for a trading activity carried out as part of an event, given the proposal that approved events be exempt from the need for a trading licence.
· Requirement for trading not to conflict with Shire lease agreements, as this will be considered in assessing the suitability of the land and the potential impact on existing uses.
Policy 4.5.1 Commercial Camel Activities on Cable Beach
Introduction and Objectives
The introduction to the Camel Policy contains wordy provisions that are considered to be summarised in the proposed objective for the new Policy. In addition, the objectives of the Camel Policy are considered to be adequately summarised in the objective of the new Policy, which in full is as follows:
1. To facilitate the assessment and approval of Trading Licences in accordance with the Trading, Outdoor Dining and Street Entertainment Local Law 2003.
2. To maintain amenity, usability and public safety in public places.
3. Promote fairness and certainty to traders, permanent businesses and the community in relation to trading in public places.
4. Promote vibrancy of public places and economic development in the Shire of Broome.
5. To protect Cable Beach as a highly valued environmental, cultural and social asset enjoyed by visitors and residents alike.
Definitions
Definitions have been included in the new Policy for terms used in the Camel Policy which are now used in the new Policy. Because the definition of Related Entity Interest is so detailed, the content of the definition (outlined in a table) has been included in Schedule 4 of the new Policy. The definition has been amended slightly to assist in its interpretation.
Policy
The policy provisions in the Camel Policy are lengthy and as with the Trading Policy, in some circumstances unnecessarily restrictive. A number of changes have been made to assist in the interpretation of the policy provisions, without altering the effect of the provision.
There was quite a bit of overlap between the provisions of the Camel Policy and the provisions of the Trading Policy. These general provisions which overlap have been carried over or altered in the body of the new Policy as discussed above.
Provisions specific to the commercial camel activities have been included in Schedule 2 of the new Policy.
Overall, the following changes are proposed in the new Policy compared with the existing Camel Policy:
· Increase the maximum number of camels under a single licence to 18 on Cable Beach at any time, in accordance with the proposed amendments to Schedule 2 of the Local Government Property and Public Places Local Law 2012 (LGPPP Local Law) and the SAT determination and mediated outcomes in relation to the commercial camel licences in 2014.
· Removal of provisions contained in Schedule 2 of the LGPPP Local Law, with the inclusion of a provision requiring the operation of any commercial camel activities and the conditions of any trading licence to be consistent with these provisions.
· Removal of requirement on the Shire to advertise for applications for commercial camel activities 6 months before the expiry of existing licences, to provide the Shire with flexibility in relation to this process.
· Removal of provisions that overlap or restate provisions in the Trading Local Law.
· Removal of weighting of the criteria for applications received for trading licences, to assist in the assessment of applications.
· Removal of criteria which merely restates the requirements for all trading activities, included in the body of the new Policy.
· Removal of the provisions regarding the setting of fees for commercial camel trading licences, as this is regulated by the LG Act and is administrative detail not required to be in the new Policy.
· Removal of the requirement for the approved access route, allocated pick up and set down area and operating area to be adhered to, as the requirement to comply with a trading licence is included in the Trading Local Law.
· Removal of the provisions regarding the transfer of a trading licences and infringement notices, as these matters are outlined in the Trading Local Law.
· Removal of the provisions relating to the cancellation or suspension of a trading licence, as this is outlined in the Trading Local Law. The requirement for the Shire to allow the trader 14 days to show cause why their licence should not be revoked has been removed to give the Shire greater flexibility in relation to this matter.
Policy 4.5.3 Commercial Activities on Cable Beach
Introduction and Objective
The introduction to the Cable Beach Policy contains wordy provisions that are considered to be summarised in the proposed objective for the new Policy. In addition, the objectives of the Cable Beach Policy are considered to be adequately summarised in the objective of the new Policy, which is outlined in full above in the section for the Camel Policy.
Policy
The policy provisions in the Cable Beach Policy are lengthy and as with the Trading Policy, in some circumstances unnecessarily restrictive. A number of changes have been made to assist in the interpretation of the policy provisions, without altering the effect of the provision.
There was quite a bit of overlap between the provisions of the Cable Beach Policy and the provisions of the Trading Policy. These general provisions which overlap have been carried over or altered in the body of the new Policy as discussed above.
Provisions specific to the trading activities on Cable Beach have been included in Schedule 1 of the new Policy.
Overall, the following changes are proposed in the new Policy compared with the existing Cable Beach Policy:
· Remove the set categories for which a trading licence can be issued. This has been replaced with the statement that trading licences will only be issued for trading activities which support and are directly related to the recreational use and enjoyment of Cable Beach and its adjacent waters.
· Providing Council with the ability to consider an application for a trading licence even if six licences have already been issued, the activity is proposed outside the area designated for the issuing of trading licences on Cable Beach or the proposed activity does not support or directly relate to the recreational use and enjoyment of Cable Beach and its adjacent waters.
· Remove the prescribed period for a trading licence on Cable Beach, to give the Shire flexibility to apply a shorter or longer period as appropriate.
· Remove the obligation on the Shire to invite applications for trading licences on Cable Beach. However, the new Policy still allows for the Shire to invite applications if it wishes.
· Removal of provisions that overlap or restate provisions in the Trading Local Law.
· Removal of the provisions regarding the setting of fees for trading licences on Cable Beach, as this is regulated by the LG Act and is administrative detail not required to be in the new Policy.
· Removal of weighting of the criteria for applications received for trading licences, to assist in the ease of assessment of applications.
· Removal of criteria which merely restates the requirements for all trading activities, included in the body of the new Policy.
· Remove the obligation on the Shire to include certain items in the trading licence, as this is an administrative matter that should remain flexible to the type of activity.
· Removal of the provisions regarding the transfer of a trading licence and infringement notices, as these matters are outlined in the Trading Local Law.
· Removal of the provisions relating to the cancellation or suspension of a trading licence, as this is outlined in the Trading Local Law. The requirement for the Shire to allow the trader 14 days to show cause why their licence should not be revoked has been removed to give the Shire greater flexibility in relation to this matter.
Engagement
Due to the changes proposed in merging the three policies into one, and also some of the changes to key provisions that exist in all three policies, engagement with stakeholders and the community in relation to the new Policy is considered vital.
The proposed Community Engagement Framework is set out in Attachment 2 and outlines that the draft Policy will be referred to the following persons for their feedback:
· The holders of trading licences;
· Broome Chamber of Commerce & Industry;
· Broome Community Stallholders Association;
· Broome Tourism Leadership Group;
· Broome Visitor Centre; and
· Australia’s North West Tourism.
The general public and Broome community will also be invited to comment on the new Policy.
Given the extent of the changes, it is recommended that the normal Policy consultation period be extended from 21 days to 42 days. This is proposed to give sufficient time for the draft Policy to be considered by the community and stakeholders.
CONSULTATION
Consultation has been undertaken internally with staff from all Shire Directorates. In addition, workshops were held with Council regarding the policy provisions in the new Policy.
STATUTORY ENVIRONMENT
Local Government Act 1995
2.7. Role of council
(1) The council –
(a) governs the local government’s affairs; and
(b) is responsible for the performance of the local government’s functions.
(2) Without limiting subsection (1), the council is to -
(a) oversee the allocation of the local government’s finances and resources; and
(b) determine the local government’s policies.
Trading, Outdoor Dining and Street Entertainment Local law 2003
2.3 Determination of application
2.3.2 The local government may refuse to approve an application for a licence, where:
(d) a policy of the local government adopted by the Council relates to that application and the policy provides that the application is not to be approved;
2.3.3 Where the local government approves an application for a licence, it may approve the application subject to conditions by reference to any policy of the local government adopted by the Council which contains conditions subject to which an application for a licence may be approved.
5.2 Prohibition
5.2.1 A person shall not carry on trading:
(a) unless that person is the holder of a valid trading licence or is an assistant specified in a valid trading licence; and
(b) otherwise than in accordance with:
(i) the terms and conditions of the licence; and
(ii) the provisions of this local law.
5.2.3 Where the local government has made a policy setting out the criteria upon which persons are exempted or may be exempted from holding a valid trading licence when carrying on trading in any public place, then subclause 5.2.1 will not apply to any person carrying on trading in any public place in accordance with the policy.
POLICY IMPLICATIONS
Should the new Policy be adopted by Council, the following existing policies will need to be repealed:
· Policy 4.2.12 Trading in Public Places;
· Policy 4.5.1 Commercial Camel Activities on Cable Beach; and
· Policy 4.5.3 Commercial Activities on Cable Beach.
FINANCIAL IMPLICATIONS
Nil.
RISK
The inclusion of greater flexibility in the new Policy may potentially give rise to a greater risk of legal challenge by applicants and licence holders in SAT. However, the overall risk is considered to be Low given the Policy still provides Council with adequate oversight and control of trading activities.
In addition, any risk is considered to be outweighed by the benefits that could flow to the Shire from increased economic development and liveability outcomes arising from the flexibility in the new Policy.
STRATEGIC IMPLICATIONS
Our People Goal – Foster a community environment that is accessible, affordable, inclusive, healthy and safe:
Effective communication
Accessible and safe community spaces
Participation in recreational and leisure activity
A healthy and safe environment
Our Place Goal – Help to protect the nature and built environment and cultural heritage of Broome whilst recognising the unique sense of the place:
A built environment that reflects arid tropical climate design principles and historical built form
A unique natural environment for the benefit and enjoyment of current and future generations
Retention and expansion of Broome’s iconic tourism assets and reputation
VOTING REQUIREMENTS
Simple Majority
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That Council: 1. Adopts the draft Policy – Trading in Public Places as shown in Attachment 1 for the purposes of seeking public consultation for a period of 42 days. 2. Adopts the Community Engagement Plan as set out in Attachment 2 to guide the consultation to be undertaken during the public consultation period. |
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Draft Policy - Trading in Public Places |
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Community Engagement Plan - draft Policy - Trading in Public Places |
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Item 9.1.2 - TRADING IN PUBLIC PLACES POLICY |
Health Services
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TITLE: |
TRADING IN PUBLIC PLACES |
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ADOPTED: |
OCM [insert date] 2016 – Pages ## - ## |
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REVIEWED: |
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ASSOCIATED LEGISLATION: |
Trading, Outdoor Dining and Street Entertainment Local Law 2003 Local Government Property and Public Places Local Law 2012 |
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ASSOCIATED DOCUMENTS: |
Local Planning Policy 8.3 Outdoor Dining
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REVIEW RESPONSIBILITY: |
Manager Health, Emergency and Ranger Services |
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DELEGATION: |
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Previous Policy Number 4.2.12
Objective:
1. To facilitate the assessment and approval of Trading Licences in accordance with the Trading, Outdoor Dining and Street Entertainment Local Law 2003 (Local Law).
2. To maintain amenity, usability and public safety in public places.
3. Promote fairness and certainty to traders, permanent businesses and the community in relation to trading in public places.
4. Promote vibrancy of public places and economic development in the Shire of Broome.
5. To protect Cable Beach as a highly valued environmental, cultural and social asset enjoyed by visitors and residents alike.
Definitions:
authorised person means a person appointed by the local government to perform all or any of the functions conferred on an authorised person under the Local Law.
camel operators means those persons associated with commercial camel activities, either as the owner, the licensee or an employee.
commercial camel activities means those activities associated with camel tours/rides on Cable Beach.
directly competing with means that both the proposed trading activity and the permanent business offer a type or category of good or service that is directly comparable, for example:
· an ice cream van would be directly competing with an ice cream parlour;
· a mobile food van selling coffee, cake and sandwiches would be directly competing with a café;
· a mobile food van selling pizza would be directly competing with a pizza or Italian take away store/restaurant;
· a stall offering massages would be directly competing with a massage parlour.
permanent business means a business that operates from private property.
person or any word or expression descriptive of a person includes a public body, company, or association or body of persons, corporate or unincorporate.
private property means any real property, parcel of land or lot that has a separate certificate of title, which is in private ownership or the subject of a lease or agreement with a person or the local government enabling its use for private purposes and includes any building or structure thereon.
public place means any thoroughfare or place which the public are allowed to use, whether the thoroughfare or place is or is not on private property and includes parklands, squares, reserves, beaches and other lands set apart for the use and enjoyment of the public, including all land which belongs to or of which the local government is the management body under the Land Administration Act 1997 or which is an “otherwise unvested facility” within section 3.53 of the Act;
Related Entity Interest is defined in Schedule 4 of this Local Law.
Shire means the Shire of Broome.
trader means the person/s who operate, or propose to operate, an activity subject to a Trading Licence granted in accordance with the Local Law, either as the owner, the holder of the Trading Licence or an employee.
trading includes:
(a) the selling or hiring or, the offering for sale or hire of or the soliciting of orders for goods or services in a public place;
(b) displaying goods in any public place for the purpose of:
(i) offering them for sale or hire;
(ii) inviting offers for their sale or hire;
(iii) soliciting orders for their sale or hire; or
(iv) carrying out any other transaction in relation to them; and
(c) the going from place to place, whether or not public places, and:
(i) offering goods or services for sale or hire; or
(ii) inviting offers or soliciting orders for the sale or hire of goods or services, but does not include;
(d) the delivery of pre ordered goods or services to the purchaser of those goods or services, or to the person nominated by the purchaser of those goods or services to accept delivery, whether or not payment for those goods or services is made on delivery;
(e) the taking of further orders for goods or services from the purchaser of the pre ordered goods or services, or from the person nominated by the purchaser of the pre ordered goods or services to accept delivery, when those orders are taken at the same time as the previous order is being delivered, whether or not payment is made for the further orders or the pre ordered goods or services at the time of the taking of the further orders;
(f) the selling or the offering for sale of goods or services to, or the soliciting of orders for goods or services from a person who sells those goods or services;
(g) the selling or the offering for sale or hire by a person of goods of her or his own manufacture or services which he or she provides; or
(h) the selling or hiring or the offering for sale or hire of—
(i) goods by a person who represents the manufacturer of the goods; or
(ii) services by a person who represents a provider of the services,
which are only sold directly to consumers and not through a shop.
trading licence means a licence issued under the Local Law to carry on trading.
All other words and expressions used in this Policy have the meaning as defined in the Local Law.
Policy:
1. The Local Law allows a person to apply for a licence to undertake a range of activities to either sell, offer for sale or hire goods and services to the public. This Policy is made under the Local Law and provides additional information not outlined in the Local Law that applies specifically to trading licences.
2. For the purposes of subclause 5.2.3 of the Local Law, a person/s will be exempted from holding a valid Trading Licence when carrying out trading in a public place where the trading is undertaken:
2.1 as part of an event or function approved in accordance with the Local Government Property and Public Places Local Law 2012; or
2.2 in accordance with an approval granted by the Shire under another written law.
3. A trading licence will be issued for a trading activity where the following criteria are met:
3.1 the proposed trading activity does not occur within 300 metres of a permanent business that it would be directly competing with, unless:
(a) the trading activity does not occur during the ordinary opening hours of the permanent business; or
(b) the owners of the permanent business have provided their support in writing for the proposed trading activity; or
(c) Council decides that the proposed trading activity should be approved notwithstanding its proximity to the permanent business;
3.2 the location of the proposed trading area is suitable for the trading activity that is the subject of the application;
3.3 the trading will not have an unreasonable impact on other traders, permanent businesses, traffic flow, pedestrians or the public’s use of a public place;
3.4 the trading activity will not generate noise or disturbance that is likely to cause a nuisance to any person in the vicinity of the trader;
3.5 the trading activity is consistent with the zoning of the land in the Shire’s Local Planning Scheme, any existing use of the land and any management order for the land comprising the public place;
3.6 a Risk Management Plan has been completed for the proposed trading activity to the Shire’s satisfaction;
3.7 an Occupational Safety & Health Plan has been prepared for the proposed trading activity to the Shire’s satisfaction;
3.8 a business/operational plan has been prepared for the proposed trading activity to the Shire’s satisfaction, outlining how the proposed trading activity will be undertaken; and
3.9 the trader has other statutory approvals and accreditations applicable to the operation of the commercial activity, if required.
4. Council may seek additional information from an applicant for a trading licence to facilitate the assessment of an application for a trading licence.
5. Council may invite applications for trading licences for trading in a particular area or a specific type of trading activity and applications that are received will be assessed in accordance with the Local Law, this Policy and the criteria set out in Schedule 3 of this Policy.
6. It will be a condition of any trading licence issued that:
6.1 The licensee is responsible for the repair, restoration or reinstatement of any damage to Shire property arising from the trading activity or caused by the customers of the trading activity. Such repair, restoration or reinstatement of damage must be carried out as directed by Council and to Council’s satisfaction.
6.2 The licensee obtains public liability insurance in accordance with subclause 8.6.1 of the Local Law, except that the value of the public liability insurance must be $10,000,000.
6.3 The placing of signs occurs only within the area approved for the trading activity, unless otherwise approved by Council.
7. A trading activity must not:
7.1 involve the sale of offensive, illegal, prohibited, counterfeit or unauthorised goods, including goods bearing trademarks for which the person does not have a licence to sell;
7.2 adversely impact on:
(a) traffic movement;
(b) traffic safety;
(c) traffic flow; or
(d) cause a traffic hazard,
7.3 prevent access to a footpath;
7.4 erect signage, except in accordance with the Local Law or as approved in accordance with the trading licence; and
7.5 involve the connection to or utilisation of any Shire utilities without prior approval, unless otherwise approved as a condition of the trading licence.
8. Council may seek to engage with the community and seek public comment in relation to an application for a Trading Licence if Council considers that it is desirable to do so in the circumstances. Any submissions received by Council during the public comment period may be taken into account by Council in deciding whether to grant the trading licence applied for.
9. An authorised person may direct the holder of a trading licence to stop doing anything which is contrary to the Local Law or a condition of the trading licence. A person who is given such a direction by an authorised person must comply with that direction.
10. The licensee must, during the period of the licence:
10.1 at the conclusion of each day the trading activity occurs, remove all and any refuse and litter associated with the operation of the trading activity and ensure the area in which the trading is undertaken is left in a clean and safe condition;
10.2 maintain and adhere to all plans, procedures, policies, licences and accreditations relevant to the trading activity; and
10.3 allow Shire officers to, upon request, inspect and verify that the plans, procedures, policies, licences and accreditation are current and are being complied with.
11. Failure to comply with clause 10 of this Policy will be deemed to be a breach of the trading licence conditions for the purposes of clause 2.7(a) of the Local Law.
12. For the purposes of subclause 2.7(f) of the Local Law, the failure of a licensee to undertake an activity approved by a trading licence for a period of 12 months is considered a ground upon which a trading licence should be cancelled.
13. An annual fee will be payable for a trading licence, with payment due 1 August annually.
14. All applicants for Trading Licences are advised of their right to object a decision made by the Shire. In accordance with section 9.4 of the Local Government Act 1995, an affected person may object to a decision of local government and lodge an appeal to the decision by lodging an objection to the Shire within 28 days of the decision.
15. Additional provisions that apply to trading activities on Cable Beach are outlined in Schedule 1 of this policy.
16. Additional
provisions that apply to commercial camel activities are outlined in Schedule 2
of this policy.
Schedule 1
Additional provisions for trading activities on Cable Beach
Additional provisions for trading activities on Cable Beach:
1. A maximum of six trading licences will be granted for trading activities on Cable Beach.
2. Trading licences, except for commercial camel activities, will only be issued:
2.1 for trading activities which support and are directly related to the recreational use and enjoyment of Cable Beach and its adjacent waters; and
2.2 for the section of Cable Beach:
(a) between a point formed by the westerly prolongation of Murray Road to the low water mark and a point located 500 metres north of the vehicle entry ramp adjacent to the Broome Surf Club; and
(b) between the high and low water mark.
3. Council may decide to grant a trading licence for an activity even though compliance with clauses 1 and 2 above cannot be achieved, where Council considers that there is sufficient merit in the proposed trading activity to justify its approval.
4. A person must not hold more than one trading licence for a trading activity on Cable Beach at any time.
5. Council may close Cable Beach to all activities, including trading activities, at any time.
6. A licensee must have a valid permit issued by the Shire’s Chief Executive Officer in accordance with the Control of Vehicles (Off Road Areas) Act 1960. The licensee must at all times comply with the requirements of that Act.
Schedule 2
Additional provisions for commercial camel activities on Cable Beach
Additional provisions for commercial camel activities on Cable Beach:
Trading licences for commercial camel activities generally
1. A maximum of three trading licences will be granted for commercial camel activities on Cable Beach.
2. A person must not hold more than one trading licence for a commercial camel activity at any time, and must not have a Related Entity Interest in respect of the holder of another trading licence for a commercial camel activity.
3. Each camel operator must operate independently, unless otherwise approved as part of an event or function approval issued in accordance with the Local Government Property and Public Places Local Law 2012.
4. Each trading licence will allow a maximum of 18 camels per operator on Cable Beach at any time, unless otherwise approved by the Shire for extraordinary circumstances, eg. cruise ships and corporate/conference functions.
5. Trading licences for commercial camel activities on Cable Beach will be approved for a maximum period of ten years.
6. The conditions of a trading licence issued for a commercial camel activity will be consistent with the provisions in Part 4 in Schedule 2 of the Local Government Property and Public Places Local Law 2012.
Area in which licences will be approved
7. Commercial camel activities may be conducted on Cable Beach:
7.1 between:
(a) a point formed by the westerly prolongation to the low water mark of the northern boundary of Reserve 36477;
(b) a point formed by the westerly prolongation to the low water mark of the Northern Boundary of Lot 405 Lullfitz Drive; and
(c) the high and low water mark, and
7.2 within the set down/pick up area allocated or approved by Council, including land required to traverse from the area identified in subclause 7.1 to this allocated or approved set down/pick up area.
Requirements for commercial camel activities
8. All commercial camel activities must be undertaken in accordance with the provisions in Part 4 in Schedule 2 of the Local Government Property and Public Places Local Law 2012.
9. Camel operators must only set down/pick up customers for their camel train at the set down/pick up area allocated to the operator in the operator’s trading licence, except where otherwise approved by the Shire due to adverse environmental or other conditions making the designated set down area unsuitable. A portable sign may be placed in the set down/pick up area allocated in the operator’s trading licence as follows:
9.1 the sign must not exceed one metre in height;
9.2 each advertising panel on the sign must not exceed 0.8 square metres;
9.3 the sign must only contain details relevant to the commercial camel activity;
9.4 the sign must not be placed in a way that causes interference or is hazardous to vehicular traffic or pedestrians;
9.5 the sign must be of sound construction and maintained in good condition; and
9.6 the sign must be removed at the end of each trading session.
10. A camel operator must hold current approval from the Shire to keep a large animal in accordance with the Health Local Laws 2006.
11. A single temporary shade structure can be erected for each commercial camel activity, no more than 3 metres by 3 metres in size and erected soundly and securely so as not to cause a hazard.
12. All camels must be fitted with manure collection devices. Any manure that escapes a manure collection device must be collected immediately.
13. Camel operators must ensure that there is at least 30 metres between each camel train at all times.
Activities that can be undertaken as part of a commercial camel activity
14. The following activities may be undertaken in accordance with a trading licence issued for a commercial camel activity:
14.1 camel tours;
14.2 the taking and sale of photographs and camel memorabilia associated with the commercial camel activity to customers undertaking camel tours; and
14.3 the sale of bottled water.
15. A camel operator must not facilitate the provision by any other business of any goods or services (eg. provision of food or drinks) to the operator’s customers on Cable Beach or any other public place, except for:
15.1 to facilitate the provision of medical or other emergency services to customers where required; and
15.2 as part of an event or function approved as in accordance with the Local Government Property and Public Places Local Law 2012.
General
16. Council may close Cable Beach to all activities, including trading activities, at any time.
17. Council may, at any time, direct that access to Cable Beach be obtained from an alternative location to that approved in the trading licence.
Advice notes for camel operators
The following advice notes are provided as recommendations to assist camel operators in providing for a safe and professional service to customers. It should be noted that in providing this advice, the Shire accepts no responsibility for non-compliance of any occupational health and safety requirements or any other legislation.
A. Informative introductory talks should be provided to customers covering all aspects of safety prior to clients commencing a camel ride.
B. Camel operators should have a maintenance schedule to ensure all equipment used in association with the riding of camels is kept at a high standard.
C. Camel operators should have a system for the recording of any incidents or accidents that may occur in operation of the commercial camel activities.
D. An employee induction process should be introduced for all employees.
E. It is recommended that first aid training be provided to employees and that first aid kits are carried on the camel tours.
F. A mobile phone should be carried on all camel tours to ensure communication in the event of an accident, or contact with Shire Officers if necessary.
G. It is recommended that camel operators hold current tourism accreditation to support a high standard of practice within the camel industry in Broome.
H. Camel operators should endeavor to meet with Shire Officers prior to each new tourist season to discuss both the previous and upcoming season’s activities and other matters relevant to the operation of camel tours.
DISCLAIMER: The above information provides readers with advice, guidance and/or recommendations regarding specific operational conduct. The advice, guidance and/or recommendations contained herein do not constitute legal advice, and are not intended as an exhaustive statement of measures that should be undertaken to discharge the operator’s duty of care to clients and the public.
Schedule 3
Clause 4 - Criteria for assessing applications for a trading licence
Where Council has invited applications for trading licences for trading in a particular area or a specific type of trading activity, the application will be assessed against the following criteria:
1. Compliance of the application with the criteria in clause 3 of this Policy.
2. Compliance of the application with the Local Law.
3. Experience of the applicant in conducting the activity the subject of the application, or other similar operations.
4. Experience of staff and key personnel that will be involved in the conduct of the activity in conducting the activity the subject of the application, or other similar operations.
5. Provision of three referees who can be contacted by the Shire about previous experience in conducting the activity the subject of the application, or other similar operations.
Schedule 4
Definition of Related Entity Interest
A person has a Related Entity Interest in relation to another commercial camel activity if any of the following applies:
Where both parties are natural persons |
Where both parties are corporations |
Where one party is a natural person and the other is a corporation |
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(a) Partnership or joint venture. (b) Trustee/beneficiary. (c) Trustee/potential object of a discretionary trust. (d) Spouses or de facto partners living together. (e) Parent/child living together. (f) A person’s spouse, de facto partner or child living with the person, has a relationship of any of categories (a) - (c) to the other party.
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(a) Related corporations including parent/subsidiary companies and companies in the same corporate group. (b) Corporations in partnership or joint venture. (c) Except in the case of a publicly-listed company, corporations (other than community associations or clubs) with any degree of common membership. Membership means: (i) Directors; (ii) Shareholders; (iii) Unit holders; (iv) Beneficiaries of trusts administered by unit holders; (v) Potential objects of such trusts. (vi) Spouse, de facto partner or child of any of categories (i) - (v). Persons need not be members of the two corporations in the same capacity.
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(a) Partnership or joint venture. (b) Trustee/beneficiary. (c) Trustee/potential object of a discretionary trust. (d) Directorship. (e) Shareholding. (f) Unit holding. (g) Spouse, de facto partner or child living with the natural person party is in any of relationships (a) - (f) with the corporate party.
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Draft Policy – Trading in Public Places
Community Engagement
Plan
July 2016
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Project name: |
Draft Policy – Trading in Public Places |
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Project owner: |
Director of Development Services |
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Project manager: |
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BACKGROUND:
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The Shire of Broome has undertaken a review of the following policies: · 4.2.12 Trading in Public Places; · 4.5.1 Commercial Camel Activities on Cable Beach; and · 4.5.3 Commercial Activities on Cable Beach. As a result of this review, a new Trading in Public Places policy has been developed which incorporates all the necessary and relevant provisions of these three policies, while removing overlap and updating some out of date and redundant provisions.
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ENGAGEMENT PARAMETERS:
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Legislative: The Policy, if adopted, will be a Policy to guide the application and implementation of the Trading, Outdoor Dining and Street Entertainment Local Law 2003 by Council and Shire Officers. Therefore, the Policy applies largely to the activities of the Development Services Directorate. There are no legislative provisions which guide the amount of consultation required for the adoption of such a Policy.
Geographic boundaries: Affects the whole of the Shire of Broome. However, as the townsite of Broome is the major commercial centre within the Shire, the impact of the Policy will be largely be limited to the Broome townsite.
Budget: Advertising expenses will be met from the budget allocation in the 2016/17 budget for the Development Services policy and local law review.
Approximate timelines: · 11 August 2016 – public consultation period commences. · 12 October 2016 – 42 day public comment period concludes. · 24 November 2016 – submissions received and draft Policy tabled for Council consideration. |
PURPOSE AND OBJECTIVES
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To ensure the community and key stakeholders in the Shire of Broome are aware of the proposed draft Policy, and have an opportunity to provide feedback/comments.
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TARGET STAKEHOLDERS
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Primary Stakeholders
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Trading licence holders Broome Chamber of Commerce & Industry Broome Community Stallholders Association Broome Tourism Leadership Group Broome Visitor Centre Australia’s North West Tourism The general public and Broome community
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Secondary Stakeholders |
Tertiary Stakeholders
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Media Shire Staff |
LEVEL OF ENGAGEMENT
The Community Engagement Matrix is a tool designed to assist with the selection of a level of engagement. The axis on the Matrix relate to “degree of complexity, and potential community impact /political sensitivity”. Measures on a scale of 1 - 6 are set out to provide further definition.
Community Engagement Matrix:
Degree of
Complexity: 3 Degree of
Community Impact/Political Sensitivity: 4 The
engagement level for this project is: Consult.

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SCORE 1 - 2 |
SCORE 3 - 4 |
SCORE 5 - 6 |
This Project |
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Degree of complexity |
There is one clear issue and or problem that needs to be addressed. |
There are more than one or two issues/problems that can be resolved. |
There are multiple issues/problems and it is unclear how to resolve them. |
3 |
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SCORE 1 - 2 |
SCORE 3 - 4 |
SCORE 5 - 6 |
This Project |
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Degree of potential community impact and political sensitivity |
The project will have little effect on communities and they will hardly notice any changes.
The project has acceptance throughout the community.
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The project will fix a problem that will benefit communities and the change will cause minor inconvenience.
There are groups in communities who may see potential in raising the profile of a project to gain attention for their cause. |
The project will create a change that will have an impact on communities and the living environment and the degree of impact/outrage and acceptance will vary. Community expectations about the project are different to those of the decision makers and there is high potential for individuals and groups to use the uncertainty to gain attention. |
4 |
The engagement level for this project is: Consult.
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INFORM
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CONSULT |
INVOLVE |
COLLABORATE |
EMPOWER |
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Public Participation Goal:
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To provide the public with balanced and objective information to assist them in understanding the problems, alternatives and/or solutions. |
To obtain public feedback on analysis, alternatives and/or decisions. |
To work directly with the public throughout the process to ensure that public concerns and aspirations are consistently understood and considered. |
To partner with the public in each aspect of the decision including the development of alternatives and the identification of the preferred solution. |
To place final decision-making in the hands of the public. |
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Promise to the Public:
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We will keep you informed |
We will keep you informed, listen to and acknowledge concerns and provide feedback on how public input influenced the decision |
We will work with you to ensure that your concerns and aspirations are directly reflected in the alternatives developed and provide feedback on how public input influenced the decision.
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We will look to you for direct advice and innovation in formulating solutions and incorporate your advice and recommendations into the decisions to the maximum extent possible. |
We will implement what you decide. |
ENGAGEMENT TOOLS AND ACTIVITIES
The Tools selected for this project are:
· Information on the website, including copies of the draft Policy.
· Direct mail out to identified primary stakeholders.
· Advertisement in the local newspaper targeting feedback from primary stakeholders.
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Item 9.1.2 - TRADING IN PUBLIC PLACES POLICY |
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Date
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Tool/Activity |
Stakeholders involved |
Person Responsible |
Budget |
Venue |
Communication /message |
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8 August 2016
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Submit advertisement and media release to local paper for public comment period
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Broome Advertiser |
EHO |
$300 |
N/A |
Ensure material is in for Thursday 11 August 2016 edition. |
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8 August 2016
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Stakeholder Mail-out
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Trading licence holders, Broome Chamber of Commerce & Industry, Broome Community Stallholders Association, Broome Tourism Leadership Group, Broome Visitor Centre, Australia’s North West Tourism
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EHO/DDS |
N/A |
N/A |
Letter to stakeholders including a copy of the draft Policy and welcoming feedback/comments on the draft Policy.
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11 August 2016 |
Copy of notice requesting comments and draft Policy to be uploaded on the Shire’s website. |
Broome community and general public |
EHO |
N/A |
N/A |
Notice advising that draft Policy has been prepared and the Shire is seeking comments. |
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11 August 2016
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Shire Administration Office |
Broome community and general public |
EHO |
N/A |
N/A |
Static display of the draft Policy at the Shire Administration Office requesting feedback.
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ENGAGEMENT EVALUATION :
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Success for this project will be the adoption of the draft Policy by Council, following feedback received during the public consultation period.
The amount and quality (relevant and considered) of responses from stakeholders and community members will also indicate how successful the community engagement processes has been. |
REPORTING / FEEDBACK
Following community engagement, a report including a summary of submissions will be compiled by Development Services.
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9.1.3 FINAL ADOPTION - AMENDMENT NO. 3 TO LOCAL PLANNING SCHEME NO. 6 - INCLUSION OF AN ADDITIONAL USE ON LOT 222 (NO. 51) LULLFITZ DRIVE, BILLINGURR LOCATION/ADDRESS: Lot 222 (No. 51) Lullfitz Drive, Billingurr APPLICANT: Urbanplan on behalf of Wise Earth Syndicate Pty Ltd FILE: LPS6/3 AUTHOR: Strategic Planning Coordinator CONTRIBUTOR/S: Nil RESPONSIBLE OFFICER: Director Development Services DISCLOSURE OF INTEREST: Nil DATE OF REPORT: 16 June 2016 |
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SUMMARY: In February 2016 Council resolved to advertise an amendment to Local Planning Scheme No. 6 (LPS6) to include an ‘Additional Use’ designation on Lot 222 (No. 51) Lullfitz Drive, Billingurr. The ‘Additional Use’ will facilitate the development of a ‘Health and Wellbeing Retreat’ consisting of short term accommodation, ancillary uses and a Caretaker’s Dwelling. In accordance with the Planning and Development (Local Planning Schemes) Regulations 2015, the proposed amendment was publicly advertised for 42 days with five submissions received. This report recommends that Council adopts the Scheme Amendment without modification. |
BACKGROUND
Previous Considerations
OMC 25 February 2016 Item 9.2.1
Site and Surrounds
Lot 222 Lullfitz Drive (‘subject site’) has an area of 1.96 hectares and has access to Lullfitz Drive and Fairway Drive. It is located on the western side of Lullfitz Drive and is bordered to the west by the Yawuru Conservation Estate (Reserve 50994) and to the east by a small triangular portion of Unallocated Crown Land. The subject site is approximately 600m north-east of the Cable Beach Tourist Precinct, and is in proximity to the camel lease lots. The location of subject site is shown in Attachment 1.
The subject site is currently improved with a single dwelling and associated outbuilding. It is
largely vegetated with clusters of palm and mango trees.
The subject site is zoned ‘Rural Residential’ under the Shire’s Local Planning Scheme No. 6
(LPS6) and falls within ‘Special Control Area 4 – Flood Prone Land’ (SCA4).
Description of the Proposal
Attachment 2 is a copy of the Scheme Amendment report. The proposal seeks to include
an ‘Additional Use’ designation on the subject site, to be listed in Schedule 2 – Additional
Uses of LPS6. The Applicant describes the additional use as:
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No. |
Description of Land |
Additional Use |
Conditions |
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A25 |
Lot 222 Lullfitz Drive |
Health and Well Being Retreat including yoga facility comprising short term, self contained, single storey accommodation of low impact with ancillary uses and caretaker’s dwelling. |
As determined by Council |
Attachment 2 – Scheme Amendment Report
A Concept Plan is included with the Scheme Amendment documentation which consists of:
· Four ‘villa units’ (1 bedroom, ensuite and living area)
· Five ‘unit clusters’ (each with 1 bedroom and ensuite connected to a common kitchen and living area)
· Maintenance of the existing dwelling for a caretaker’s dwelling; and
· Conversion of the existing shed to a multi-purpose yoga, meditation and performance venue.
Officers previously provided feedback on the Concept Plan and identified a number of matters that the applicant will have to address through a future Development Application. These include bushfire planning requirements, the density of development, the subject site’s location within SCA4, the method for effluent disposal, Aboriginal Heritage considerations, proximity to the Yawuru Conservation Estate and strata titling. It is considered that these matters do not materially impact the suitability of the subject site to accommodate an additional use and as such should not affect consideration of the Scheme Amendment. However, they do indicate that the Concept Plan submitted with the Scheme Amendment Report may require revision in order for a future Development Application to be supported by officers under the current statutory planning framework.
Given the above, with respect to the Concept Plan, Council at its February 2016 Ordinary Meeting resolved that it:
Determines that support for the Scheme Amendment does not constitute support for the Concept Plan, and that the design of development on the site will be considered on its merits when a formal Development Application is lodged.
COMMENT
EPA Referral
Prior to the commencement of the formal advertising period, the Scheme Amendment was referred to the Environmental Protection Authority (EPA). Written advice was received from the EPA dated 4 April 2016 which determined that the amendment did not require assessment under the Environmental Protection Act 1986. Notwithstanding this, the EPA provided advice regarding the proximity of the Threatened Ecological Community (TEC) of monsoon vine thickets to the subject site, which are listed as endangered under the Commonwealth Government’s Environmental Protection and Biodiversity Conservation Act 1999. This advice recommended:
· Clearing of the TEC of vine thickets is avoided and this is reflected in the Concept Plan for the future Development Application; and
· If clearing of the TEC is proposed, that the proponent refer the proposal to the Commonwealth.
The EPA’s advice is included as Attachment 3 to this report.
The Shire also received advice from the Department of Parks and Wildlife during the advertising period that the nearest occurrence of vine thickets is 280 metres from the boundary of the subject site. Given this and Council’s February 2016 resolution regarding the status of the Concept Plan, it is not considered necessary for the Concept Plan to be amended in order for the Scheme Amendment to proceed. However, any future Development Application will need to demonstrate that there will be no adverse impacts on the vine thickets TEC.
Submissions received
At the conclusion of the public advertising period five submissions were received. These submissions and officer responses are included in full in Attachment 4.
Generally there was no objection to the proposal from the government departments that responded, including the Departments of Water, Parks and Wildlife and Health, and the Water Corporation.
The Department of Health (DoH) advised that under the Draft Country Sewerage Policy, the total daily production of wastewater on the subject site cannot exceed 5,350 litres. For comparison, DoH’s Fact Sheet regarding wastewater system loading rates states that a ‘motel’ typically generates a combined flow of 140 litres per person, per day. DoH also advised that it would need to issue approval for any wastewater system where the daily volume exceeds 540 litres. This does not impact consideration of the Scheme Amendment, however it will need to be addressed in any future Development Application.
One objection to the proposal was received from a landowner on Lullfitz Drive. This objection was mainly concerned with whether stormwater runoff from the subject site would impact on properties on Lullfitz Drive, particularly if the compensation basins in the northern portion of the site were modified, and potential amenity impacts on the locality from traffic and strata titling of the development.
It is considered that the points raised in the objection can be satisfactorily addressed through the Development Approval process (refer Attachment 4) and do not warrant any changes to the proposed Scheme Amendment. The compensation basins are protected by a drainage easement in favour of the Shire of Broome and will not be disturbed, and officers are unlikely to support an application to strata title a future development as the minimum lot size for subdivision in the ‘Rural Residential’ zone is 1 hectare.
Consistency with the Local Planning Strategy
The subject land is shown as ‘Rural Living’ in the Shire’s Local Planning Strategy (LPS) and is located in Precinct 13 – Billingurr.
The objectives for the ‘Rural Living’ classification include:
1. To provide lifestyle opportunities in Rural Living areas which may include some rural activity or clustered development similar to communal living as an alternative to urban residential forms of development.
The additional use will take the form of clustered development, which although it will not be used for permanent accommodation, will be of a low scale compatible with ‘rural activity.’
The objectives of Precinct 13 – Bilingurr include:
(a) To provide for a residential / rural living area which allows rural lots for lifestyle purposes and small scale home businesses. Limited rural pursuits and rural industry can also be supported, subject to availability of water. Lot size is to be limited to a minimum of 1 hectare.
(b) To ensure that future development proceeds in an environmentally sustainable manner that maintains the rural amenity of the precinct.
The use proposed by the Scheme Amendment cannot technically be classified as a ‘small scale home business’, ‘rural pursuit’ or ‘rural industry’. However, it is clear that the LPS contemplates commercial activity in the Precinct, as long as it environmentally sustainable and maintains the rural amenity.
The Scheme Amendment report states that the proposal can be accommodated using existing power and water infrastructure and that sustainability measures, such as grey water reuse, will be employed in terms of waste water disposal. Whilst the design of the development is not being assessed at this stage, the Concept Plan indicates that the buildings will be low-scale and designed to integrate into the natural environment, which is consistent with the proposed use of the facility as a yoga and wellness retreat.
With respect to tourism, the LPS contains the following objective and strategy:
Objective
1. Within the principle centre, provide a range of urban tourist developments that cater for leisure and business tourism.
Strategy
2. Facilitate expansion of leisure tourism within the urban areas of the Broome townsite, in particular Precinct 11 – Cable Beach Tourist.
The proposal will enable the creation of a unique leisure tourist development. Given the above, it is considered that the proposal is consistent with the LPS.
Consistency with Local Planning Scheme No. 6
The subject site is located in the ‘Rural Residential’ zone under LPS6. The objectives of the
‘Rural Residential’ zone include:
(a) Provide an area within a rural environment where more subdivision may be permitted to provide for uses such as small scale rural pursuits and rural industries, horticulture, small scale aquaculture, home businesses, bed and breakfast accommodation and private recreation.
(b) Retain the visual and rural amenity of the rural landscape in a manner consistent with the rural environment; and
(c) Ensure the siting and scale of dwellings and structures minimises the visual impact to adjoining properties and the surrounding area.
As above, it is considered that the additional use, whilst not specifically referenced, can coexist with the types of uses deemed appropriate in the zone (such as bed and breakfast accommodation and private recreation) and can be developed in such a fashion that retains the rural amenity and minimises visual impact.
Impacts of the Proposal
Officers consider that the additional use designation on the subject site will have limited impacts on adjoining land. The subject site is located in a unique position, surrounded on all sides by Conservation Estate and Unallocated Crown Land. The nearest dwelling is over
300m to the east, and the southern-most extents of the current Billingurr Rural Residential area are approximately 450m to the north. As a result, the impacts of the proposal on nearby residential development are considered to be minimal. Visitors will access the subject site via Fairway Drive which is designated as an arterial road in the Local Development Plans for Broome North, with no traffic impacts anticipated for the remainder of the Billingurr Rural Residential Area. It is considered that relevant conditions can be applied through the development approval to ensure the risk to the surrounding environment is minimised.
For the reasons above, officers recommend that Council support the Scheme Amendment without modification.
CONSULTATION
As discussed above, the Scheme Amendment was initially referred to the EPA as is required under the Planning and Development Act 2005. Subsequent to advice being received from the EPA that formal environmental assessment was not required, the Amendment was publicly advertised in accordance with the requirements of the Regulations and the Shire’s Local Planning Policy 8.23 - Public Consultation – Planning Matters.
Advertising took place for a period of 42 days from 21 April 2016 to 3 June 2016 and consisted of:
· Publication of a public notice in the Broome Advertiser;
· Display of a copy of the notice in the Shire administration office and on the Shire website;
· Display of a copy of the Scheme Amendment documentation for public inspection at the Shire administration office;
· Display of a sign in a clearly visible place on the subject site;
· Mail out to all landowners in a 500m radius; and
· Mail out to relevant public authorities including the Department of Parks and Wildlife, the Department of Fire and Emergency Services, Horizon Power, the Department of Health, the Department of Aboriginal Affairs and the Department of Water.
Five submissions were received and have been addressed by officers in the Schedule of Submissions in Attachment 4.
STATUTORY ENVIRONMENT
Planning and Development Act 2005
75. Amending scheme
A local government may amend a local planning scheme with reference to any land
within its district, or with reference to land within its district and other land within any
adjacent district, by an amendment —
(a) prepared by the local government, approved by the Minister and published in
the Gazette; or
(b) proposed by all or any of the owners of any land in the scheme area, adopted,
with or without modifications, by the local government, approved by the
Minister and published in the Gazette.
Planning and Development (Local Planning Schemes) Regulations 2015
49. Submissions on standard amendment
(1) A submission on a standard amendment to a local planning scheme must —
(a) be made in writing to the relevant local government in a form approved by the Commission; and
(b) state the name and address of the person making the submission; and
(c) include a statement about the capacity in which the person makes the submission.
(2) A local government must acknowledge in writing the receipt of each submission received by it.
50. Consideration of submissions on standard amendments
(1) In this regulation —
consideration period, in relation to a standard amendment to a local planning scheme, means the period ending on the latest of the following days —
(a) the day that is 60 days after the end of the submission period for the amendment;
(b) the day that is 21 days after the receipt of a statement in respect of the amendment delivered under section 48F(2)(a) of the EP Act;
(c) the day that is 21 days after the receipt of a statement in respect of the amendment delivered under section 48G(3) of the EP Act if that statement is in response to a request by the local government made under section 48G(1) of the EP Act before the later of the days set out in paragraphs (a) and (b);
(d) a day approved by the Commission;
submission period, in relation to a standard amendment to a local planning scheme, means the period for making submissions specified in the notice in respect of the amendment referred to in regulation 47(1).
(2) The local government —
(a) must consider all submissions in relation to a standard amendment to a local planning scheme lodged with the local government within the submission period; and
(b) may, at the discretion of the local government, consider submissions in relation to the amendment lodged after the end of the submission period but before the end of the consideration period.
(3) Before the end of the consideration period for a standard amendment to a local planning scheme, or a later date approved by the Commission, the local government must pass a resolution —
(a) to support the amendment without modification; or
(b) to support the amendment with proposed modifications to address issues raised in the submissions; or
(c) not to support the amendment.
(4) If no submissions have been received within the submission period, the resolution referred to in subregulation (3) must be passed as soon as is reasonably practicable after the end of the submission period.
53. Information on standard amendment to be provided to the Commission
(1) After passing a resolution under regulation 50(3) the local government must provide the advertised amendment to the local planning scheme to the Commission together with the following —
(a) a schedule of submissions made on the amendment;
(b) the response of the local government in respect of the submissions;
(c) particulars of each modification to the amendment proposed by the local government in response to the submissions;
(d) if any proposed modification to the amendment was advertised —
(i) an explanation of the reasons for advertising the modification; and
(ii) particulars of how the modification was advertised; and
(iii) a schedule of submissions made on the proposed modifications; and
(iv) the recommendation of the local government in accordance with regulation 51(7)(c) in respect of each submission;
(e) a copy of the resolution passed under regulation 50(3);
(f) if that resolution was a resolution under regulation 50(3)(c) — a summary of the reasons why the local government does not support the amendment;
(g) details of any provision in the local planning scheme that varies or excludes a provision set out in Schedule 1;
(h) details of any provision in the local planning scheme as it will be amended that supplements a provision set out in Schedule 2;
(i) any relevant maps, plans, specifications and particulars required by the Commission.
(2) The schedule of submissions referred to in subregulation (1)(a) and (d)(iii) must include the following —
(a) the name and address of the person making the submission;
(b) where it is relevant, a description of the property that is the subject of the submission;
(c) the submission or a summary of the submission.
(3) The documents referred to in subregulation (1) must be provided to the Commission —
(a) in the case of a resolution to support an amendment to a local planning scheme without modification or not to support an amendment to a local planning scheme — within 21 days of passing the resolution; or
(b) in the case of a resolution to support an amendment to a local planning scheme with proposed modifications —
(i) if the local government decides not to advertise the proposed modification — within 21 days of passing the resolution; or
(ii) otherwise — within 21 days of complying with regulation 51(7);
or
(c) if the Commission in any case approves a longer period — within that longer period.
POLICY IMPLICATIONS
Nil
FINANCIAL IMPLICATIONS
All costs for undertaking the Scheme Amendment, including advertising costs and staff time, were met by the applicant.
RISK
The amendment proposal will allow for an additional use on the subject site which is considered to present minimal risk to Council. It is considered that potential risks such as bushfire planning, effluent disposal, flood prone land and the interface with the Yawuru Conservation Estate can be mitigated through a suitable design, and will be explored through the Development Application process.
STRATEGIC IMPLICATIONS
Our Place Goal – Help to protect the nature and built environment and cultural heritage of Broome whilst recognising the unique sense of the place:
A built environment that reflects arid tropical climate design principles and historical built form
Retention and expansion of Broome’s iconic tourism assets and reputation
VOTING REQUIREMENTS
Simple Majority
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That Council: 1. Pursuant to Section 75 of the Planning and Development Act 2005, amends the Shire of Broome Local Planning Scheme No. 6 by supporting Amendment No. 3 without modification to: (a) Insert an Additional Use in Schedule 2 as follows:
(b) Amending the Scheme map accordingly. 2. Forward the amendment documentation to the Western Australian Planning Commission with a request that the Hon. Minister for Planning grant final approval without modification. 3. Approves the affixation of the Common Seal of the Shire of Broome to the Scheme Amendment Report and authorises the Shire President and Chief Executive Officer to engross all documentation as required. |
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Attachment 1 - Location Plan |
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Attachment 2 - Scheme Amendment No. 3 Report |
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Attachment 3 - Advice from the Environmental Protection Authority |
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Attachment 4 - Schedule of Submissions |
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Item 9.1.3 - FINAL ADOPTION - AMENDMENT NO. 3 TO LOCAL PLANNING SCHEME NO. 6 - INCLUSION OF AN ADDITIONAL USE ON LOT 222 (NO. 51) LULLFITZ DRIVE, BILLINGURR |
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Item 9.1.3 - FINAL ADOPTION - AMENDMENT NO. 3 TO LOCAL PLANNING SCHEME NO. 6 - INCLUSION OF AN ADDITIONAL USE ON LOT 222 (NO. 51) LULLFITZ DRIVE, BILLINGURR |























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Item 9.1.3 - FINAL ADOPTION - AMENDMENT NO. 3 TO LOCAL PLANNING SCHEME NO. 6 - INCLUSION OF AN ADDITIONAL USE ON LOT 222 (NO. 51) LULLFITZ DRIVE, BILLINGURR |
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Item 9.1.3 - FINAL ADOPTION - AMENDMENT NO. 3 TO LOCAL PLANNING SCHEME NO. 6 - INCLUSION OF AN ADDITIONAL USE ON LOT 222 (NO. 51) LULLFITZ DRIVE, BILLINGURR |



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Item 9.1.3 - FINAL ADOPTION - AMENDMENT NO. 3 TO LOCAL PLANNING SCHEME NO. 6 - INCLUSION OF AN ADDITIONAL USE ON LOT 222 (NO. 51) LULLFITZ DRIVE, BILLINGURR |
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NO. |
NAME & ADDRESS |
AFFECTED PROPERTY |
SUBMISSION |
OFFICER COMMENT |
OFFICER RECOMMENDATION |
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1 |
Jim Dodds Department of Health PO Box 8172 Perth Business Centre WA 6849 |
Lot 222 (51) Lullfitz Drive, Bilingurr |
The proposed development is required to comply with the draft Country Sewerage Policy. The subject lot measures around 18,815 m2 in area, based on this lot size, the density development provisions of the draft Country Sewerage Policy limits total unsewered development on the lot to the development’s daily production of wastewater not exceeding 5,350 lt.
The proponent will need to demonstrate that the total use (including any additional proposed uses) would generate wastewater to an amount that is less than 5,350lt/day, and that an appropriate wastewater system for the development can be accommodated on the lot before the Shire of Broome can support for the proposal.
A separate DOH approval for the installation of the wastewater system is required when the daily wastewater volume exceeds 540 liters. |
Noted. The Department of Health’s advice will be included in the Council Agenda Report and the proponent will need to demonstrate through a future Development Application that development on the site will not exceed the maximum daily production of wastewater. The proponent will also need to obtain approval from the Department of Health for the proposed treatment system. |
Support. No modifications required. |
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2 |
Alan Byrne Department of Parks & Wildlife PO Box 65 Broome WA 6725 |
Lot 222 (51) Lullfitz Drive, Bilingurr |
The proposed additional use outlined in your correspondence of 19/04/2016 includes a health and well-being retreat facility comprising short term, self-contained, single story accommodation and low impact with ancillary uses and caretaker’s dwelling.
Given the low impact nature of the above activities and the minimal impact represented to the threatened ecological community (Monsoon vine thickets on the coastal sand dunes of Dampier Peninsula, listed as a vulnerable in Western Australia) located 280m from the lot boundary, Parks and Wildlife has no objection to the proposed amendment. |
Noted. The Council Agenda Report will reflect that the nearest occurrence of vine thickets is 280m from the subject site and therefore there are unlikely to be any impacts from the proposed development on this Threatened Ecological Community. |
Support. No modifications required. |
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3 |
Charles Sabato Water Corporation Locked
bag 2
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Lot 222 (51) Lullfitz Drive, Bilingurr |
The Water Corporation advises that Shire that it has no concerns with the above proposed Amendment proceeding. |
Noted. |
Support. No modifications required. |
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4 |
Duncan Palmer Department of Water PO Box 625 Kununurra WA 6743
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Lot 222 (51) Lullfitz Drive, Bilingurr |
The Department has reviewed the proposed amendment and has no objection for the Shire of Broome (SoB) to allow for the additional land use on Lot 222 Lullfitz Dr, Bilingurr to proceed.
The Department would like to SoB to note that the subject land is identified as being prone to flooding so any additional infrastructure should be constructed to allow for adequate protection from any floodwaters. Connection to the sewerage service provider pipelines are available in the area is also recommended to ensure protection of the local groundwater resources. |
Noted. Officers have previously noted that the subject site lies within the ‘Flood Prone Land’ Special Control Area (SCA) under Local Planning Scheme No. 6 (LPS6). Any future Development Application for the site will need to address the criteria for this SCA.
The appropriate method of effluent disposal for the site will be considered at the Development Application stage. However, it is noted that the subject site is approximately 1 kilometre away from the nearest sewer pipeline and given this it is considered onerous to require connection to sewer. The Department of Health has provided advice regarding the site’s capacity for on-site effluent disposal and this will be communicated to the proponent, with any proposed system requiring approval from the Department of Health. In this way it is considered that any impacts on groundwater resources can be minimised. |
Support in part. No modification required. |
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5(a) |
Gary & Elizabeth Waldron PO Box 16 Broome WA 6725 |
Lot 222 (51) Lullfitz Drive, Bilingurr |
Change of land use and title holding in a Rural Residential Area
7.1 Merits of Proposal as a specialized tourism facility, the ‘Mango Retreat’ health and well being facility is a unique high-end yoga, mediation, health and exercise and music programmes retreat with the following merits: · An unobtrusive and secluded space set against and respectful of the Yawuru Conservation Area and Coastal Reserve and SCA. · A unique site separate from all freehold land and other residential pursuits in the vicinity. · An alternative from of accommodation with the focus on the thematic use of yoga, mediation and exercise programmes. · A high quality, low key, niche market tourism facility suitable to satisfy the forecast tourism market that supplements the other accommodation form provided in Broome. · Built form responsive to the environmental setting of SCA 4 proposing elevated single story, separate pod construction. · Low impact building footprints that occupy approximately 14 percent of the site.
The proposal to repurpose what was built, as a family home on an island block at the beginning of Lullfitz Drive is not an acceptable amendment to Broome’s town planning scheme. Lot 222 is in a well established rural living area north of Broome. Most properties in the area are long held. The merits of this proposal really only lead to questions.
The site plan is much bigger that anyone in Lullfitz Drive would be aware. Most blocks out here are around the 1-hectare mark with the blocks larger on the western side of Lullfitz, no others are 1.96hec. We, and others we know out this way were totally unaware that lot 222 now extends over what we thought was a retention basin. This was built by Council to slow water flow down Lullfitz Drive in big rain events as part of the realignment of Lullfitz Drive some years ago. It has been regularly cleared by Council since that time. Any approved development over this retention area will affect all houses lower in the area in a flood event. We understand that under the WA and indeed National Planning regulations all property run-off must be held and retained on site. This proposal does not meet these conditions. Just putting a building on stumps and letting the water flow underneath is hardly planning and should not be approved. The development plan made no mention of any maintenance process of the retention basin, it does mention the increase of had stand areas and by implication a reduction of local rainfall retention. The concrete block retained soil bank to the north of the lot driveway is designed to maintain a depth of water in the basin allowing for the water to evaporate and seep in to sub soil rather than rush down the roadway. |
Attachment 1 to the Agenda Report is a location plan showing the extents of the subject site. It is noted that the subject site does not extend to the intersection of Lullfitz Drive and Fairway Drive. There is a triangular shaped parcel of Unallocated Crown Land (UCL) situated between the subject site and these roads. The parcel of UCL is approximately 4,500m2 in size and does not form part of the proposal.
The subject site attained its present size as a result of an amalgamation which was completed in 2008 and resulted in a closed portion of Lullfitz Drive being incorporated into the subject site. This was supported by Council on 31 August 2006. As part of this amalgamation the two retention basins and culvert which assist with dealing with the flow of stormwater were protected through drainage easements in favour of the Shire of Broome. As part of this arrangement the Shire is required to maintain this infrastructure, which it does and will continue to do. An easement for Telstra was also created through this process.
Whilst the design of the development will be considered through a future Development Application, construction over the easements will not be supported. The Scheme Amendment report notes the existence of the easements and states, ‘the detention basins and stormwater flow path are to remain unobstructed.’
With respect to discharge of stormwater from the subject site, this will be considered as part of a future development application. However the submitters are correct in stating that the Shire’s standard conditions of approval require all stormwater to be retained on site. The proponent will need to demonstrate this. |
Support in part. No modifications required. |
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(b) |
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The site plans clearly show 36 car parking bays on site but talks about limited visitor movement and the provision of a bus for patrons is in the document. We doubt few tourists would stay in such a place without the use of a hire car. Will they hold yoga/mediation/wedding experiences for others in town, where will they park?? |
The Scheme Amendment solely concerns the use of the land, with the configuration of the development to be considered during a future development application. Parking requirements for all components of the proposed development will be assessed at this time in accordance with LPS6.
It is noted that in considering the Amendment for advertising purposes in February 2016, Council resolved that:
Support for the Scheme Amendment does not constitute support for the Concept Plan, and that the design of development on site will be considered on its merits when a formal Development Application is lodged. |
Note submission. |
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(c) |
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The business plan proposals don’t suggest but imply that the options to “get out” if the venture is not a success will be provided by this scheme modification. The development of the block would allow it to be just another block of units should the ‘Mango Retreat’ health and well being facility not be what is described in the application. The units would have been sold (or would sell) and are then managed by a strata company. It will not revert to Rural Living but will continue to be used for what we see as around town in the tourist precincts; a block with holiday units, maybe with a managers quarters. Lot 222 should remain as one lot. |
The Scheme Amendment solely concerns the use of the land, with the configuration of the development to be considered during a future development application. However, with respect to the future management of the development, it is noted that Clause 4.31.2 of Local Planning Scheme No. 6 states, with respect to subdivision in the ‘Rural Residential’ zone:
4.31.2 Subdivision Requirements (a) The subdivision of land which proposes additional lots or reduces the size of existing lots, will not be supported by Council unless- i. a structure plan has been approved for the land proposed to be subdivided; or ii. the subdivision is in conformity with clauses 4.31.2(c) (d) and € when the land is within the precincts referred to in those clauses. (e) Bilingurr and Wattle Drive – Lot sizes in the Bilingurr Precinct and Wattle Drive Precinct should not be less that 1 hectare with the exception of Lots 404 and 407 Lullfitz Drive (Bilingurr Precinct) which are subject to flooding and have no further subdivision potential below the existing 2 hectare lot size.
Strata subdivision is considered subdivision and hence the above requirements will apply. As LPS6 requires a lots to be a minimum of 1 hectare in the ‘Rural Residential’ zone, it is unlikely that strata titling of the subject site will be supported by officers. |
Support in part. No modification required. |
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(d) |
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The high voltage power supply to the residents to the north runs over the proposed development site. Should it go ahead; who pays for the re-routing of the line and in line with all new sites; gets it underground for Cyclonic reliability and to meet current standards. |
Upgrades to the power supply are not required to facilitate an additional land use on the subject site, and generally are not required as part of a Development Application. Typically ‘undergrounding’ of power would occur as part of a new subdivision. No subdivision is currently proposed and as discussed in the point above the Shire is unlikely to support future strata subdivision as it would result in the creation of lots less than 1 hectare in size, which is contrary to the provisions of Local Planning Scheme No. 6.
It is noted that the Shire referred the proposed Scheme Amendment to Horizon Power and no comment was received. |
Not support. |
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(e) |
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The history of this block goes back a while and we think it was developed by a local Vet as a Mango Farm. We understand that this is the second house to be built on the block, the first house being relocated to another site. The reason this block is free standing is that the blocks to the north and west along Lullfitz Drive were never taken up when offered by the Lands Department many years ago, they were probably too much hill for most people to develop at the time. |
This is not relevant to consideration of the proposed Scheme Amendment. |
Not support. |
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(f) |
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As a more general comment the advertising of this amendment by Council and the local sign on site gives no indication of what is really proposed. It uses only general terms and describes numbers and regulations. It is very poor information. A person reading the sign or advertisement from Council really needs to seek further advice for better understandings. If Council wants items like to this be supported and understood then they and the proponents need to do a much better job in the dissemination of the proposal’s detail not just advertise notices alone.
We don’t recall if we got a letter about the proposal but the standard letters are also not information but rather a notice only about processes. |
In advertising Scheme Amendments the Shire is required to adhere to the process set out in the Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations). This includes using the forms prescribed by the Department of Planning. The text on the sign is consistent with Form 2B – Advertisement for a standard or complex Local Planning Scheme amendment and therefore is considered to be appropriate. Furthermore, the sign indicates that plans and documents explaining the amendment are on display at the Shire Administration Office and on the Shire website.
In addition to the process in the Regulations, the Shire also has a Local Planning Policy 8.23: Public Consultation – Planning Matters. In this policy a Scheme Amendment is shown as ‘Level C’ consultation. This level requires written notice to all landowners within a radius of at least 100 metres of the application site for land within the townsite boundaries or at least 500 metre radius for land outside of a townsite. Whilst the subject site is located within the Broome townsite, given the larger lot size in the locality officers elected to notify all landowners within a 500m radius. The submitters did not receive a letter as their property is outside this radius. |
Not support. |
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9.1.4 DRAFT JOINT MANAGEMENT PLAN FOR THE YAWURU MINYIRR BURU CONSERVATION PARK LOCATION/ADDRESS: Nil APPLICANT: Nil FILE: NAT 55 AUTHOR: Director Development Services CONTRIBUTOR/S: Nil RESPONSIBLE OFFICER: Director Development Services DISCLOSURE OF INTEREST: Nil DATE OF REPORT: 20 June 2016 |
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SUMMARY: The Shire of Broome is a signatory to two Indigenous Land Use Agreements (ILUAs) with the Yawuru Native Title Holders Aboriginal Corporation Registered Native Title Body Corporate, Nyamba Buru Yawuru Ltd and other State government and associated bodies. Both ILUAs are dated 25 February 2010. In accordance with the ILUAs a number of reserves were created for the purposes of conservation, recreation and traditional and customary Aboriginal use and enjoyment, and jointly vested with the Shire and Yawuru (in-town reserves). The ILUAs require the in-town reserves to be managed in accordance with a management plan and the Joint Management Agreement included in the ILUAs. Officers from the Shire, the Department of Parks and Wildlife and Nyamba Buru Yawuru Ltd have been working together to prepare the management plan for the in-town reserves. The purpose of this report is to seek Council’s endorsement of the draft management plan that has been prepared, so it can be released for public comment. |
BACKGROUND
Previous Considerations
OMC 19 April 2012 Item 9.2.4
OMC 21 February 2013 Item 9.2.13
OMC 24 November 2014 Item 10.2
The Shire of Broome is a signatory to two Indigenous Land Use Agreements (ILUAs) with the Yawuru Native Title Holders Aboriginal Corporation Registered Native Title Body Corporate (Yawuru RNTBC), Nyamba Buru Yawuru Ltd (NBY Ltd), the State of Western Australia and other State government and associated bodies.
The ILUAs are dated 25 February 2010, and provide for the creation of a number of reserves under the Land Administration Act 1997 (LA Act) for the purposes of conservation, recreation and traditional and customary Aboriginal use and enjoyment. This land is all within the Broome townsite, and is referred to as the “in-town reserves” (see map in Attachment 1 of this report).
In accordance with the ILUAs, management responsibility for the in-town reserves is jointly vested with the Shire and Yawuru RNTBC, with assistance to be provided by the Conservation and Land Management Executive Body (through the Department of Parks and Wildlife). Joint management of the in-town reserves must be pursuant to a cultural management plan (CMP) and a management plan prepared in accordance with s49 of the LA Act and the Joint Management Agreement in the ILUAs.
The ILUAs provide for the creation of other land jointly managed by the Shire, Yawuru RNTBC and the Department of Parks and Wildlife (DPaW), and also by the Yawuru RNTBC and DPaW. This land, including the in-town reserves, is know collectively as the “Conservation Estate”. The Joint Management Agreement in the ILUAs provides for the creation of the Yawuru Park Council (YPC) to provide for the administration of the Conservation Estate and the development of management plans for the Conservation Estate.
Two management plans have been developed for land jointly managed by the Yawuru RNTBC and DPaW for what is known as the out-of-town reserves and the Roebuck Bay Marine Park. These plans are in final draft form and are being finalised prior to being submitted for approval by the Minister responsible for the Conservation and Land Management Act 1984 (CALM Act). A further management plan will be required for what is known as the inter-tidal zone, which is located approximately 600 metres north of the rocks on Cable Beach and is jointly managed by the Shire, Yawuru RNTBC and DPaW.
At the Ordinary Meeting of Council (OMC) on 19 April 2012, Council considered the draft Yawuru CMP, and resolved to receive an extract from the draft CMP and provide comments on this extract. Council also resolved to:
· endorse staff comments provided for the preparation of the in-town reserves management plan;
· request the Chief Executive Officer to ensure the draft in-town reserves management plan contains adequate financial and resource requirement details for its implementation; and
· requests the Chief Executive Officer to advise the YPC that the draft management plan should be made available for public comment for a period of 42 days prior to consideration by Council and that Council will consider the draft management plan together with any public comments received.
The Shire subsequently engaged consultants CCS Strategic to prepare a baseline document to inform the draft management plan. This document, titled the “Broome Coastal Reserves Master Plan” was finalised in February 2013. Using feedback obtained from the Council and the Shire’s Executive Management Group, the document established Council’s position regarding the in-town reserves.
At the OMC on 21 February 2013, Council resolved to note the Broome Coastal Reserves Master Plan and require the Chief Executive Officer to have the report incorporated into a detailed Shire submission on the draft in-town reserves management plan.
The CMP was finalised by the Yawuru RNTBC in March 2013.
A special meeting of the YPC was held on 7 April 2014 to allow for discussion and agreement on further actions required to progress the draft in-town reserves management plan. A resolution was made that discussed the formatting and way forward in relation to the development of the management plan, and included a resolution that DPaW engage a consultant to review the content and layout of the plan, and to prepare a draft management plan. The resolution also set out a process for the completion of the management plan, which involves endorsement by both the Shire and Yawuru prior to the management plan being released for public consultation and final endorsement by YPC after public consultation.
A consultant was subsequently engaged to progress the development of the management plan and a revised draft was provided in August 2014. However, due to unforeseen circumstances the consultants were unable to continue with the management plan project.
At the OMC on 27 November 2014, Council received minutes from the Special Meeting of YPC held on 7 April 2014 and resolved to note resolutions made by the YPC in relation to the progress of the in-town reserves masterplan. The resolution sought a progress and status report from DPaW to ensure the consultants engaged for the preparation of the management plan were able to complete the project.
A new consultant, Natural Area Consulting Management Services, was subsequently engaged to complete the draft management plan in July 2015. This consultant is still working on the project and has prepared the current draft management plan.
COMMENT
Officers from the Shire, DPaW and NBY Ltd have been working together on finalising a management plan for the in-town reserves in accordance with the ILUAs. As a starting point, this management plan has to be consistent with the CMP and the management principles in the Joint Management Agreement, which states that the Conservation Estate will be jointly managed for the following objectives:
· the preservation and promotion of the Aboriginal cultural and heritage values of the Conservation Estate;
· the preservation and promotion of the natural environmental values of the Conservation Estate, including indigenous flora and fauna;
· the preservation and promotion of archaeological values of the land;
· the provision of recreational facilities and facilitation of recreational activities in the Conservation Estate, particularly in the in-town reserves;
· the regulation of public access to the out-of-town reserves, inter-tidal zone and Roebuck Bay Marine Park areas of the Conservation Estate to fulfil so much of the demand for recreation by members of the public as is fitting having regard to the matters set out in the first three dot points above;
· access to and occupation and use of the Conservation Estate by Yawuru People for purposes consistent with Yawuru Culture and tradition and to preserve and sustain the native title rights and interests recognised in the Native Title Determination;
· employment, service provision and training opportunities for the Yawuru People in the administration, management and control of the Conservation Estate;
· commercial and economic opportunities being made available to the Yawuru Community and the Yawuru RNTBC in preference to any other applicants, subject to such activities being consistent with the management of the Conservation Estate;
· the implementation, monitoring, assessment and audit of the effectiveness of the management plan; and
· the provision, construction, repair, maintenance and replacement of buildings and infrastructure in the coastal areas of the joint managed land.
The in-town reserves are jointly vested in the Shire and Yawuru. However, in accordance with the assistance agreement forming part of the ILUAs, DPaW are responsible for providing the following assistance in relation to the management of the in-town reserves:
· advice as to the scope and content of the management plan for the in-town reserves;
· day to day management of the in-town reserves in accordance with the management plan;
· provision of qualified rangers to undertaken day to day management of the in-town reserves in accordance with the management plan; and
· administrative support for the day to day management of the in-town reserves.
Therefore, DPaW have been heavily involved in the preparation of the management plan.
As a result of the work undertaken by Officers from the three organisations, the draft Joint Management Plan for the Yawuru Minyirr Buru Conservation Park (JMP) has been prepared (see Attachment 2 to this report). An overview of each of the sections of the JMP is provided below.
Summary
This section provides background to the in-town reserves and the Broome townsite. It clarifies that while the in-town reserves are called the “Yawuru Minyirr Buru Conservation Park” for the purposes of the JMP, the in-town reserves are not Conservation Park as defined in, or for the purposes of, the CALM Act. Information on the ability for the public to make comment on the plan are provided.
Yawuru Minyirr Buru Conservation Park Management Context
This section sets out some background to the need for the JMP and the connection to the joint management principles in the Joint Management Agreement. Information is also provided on:
· Yawuru Country and the Yawuru People;
· the Broome community generally;
· the Native Title Determination and the ILUAs;
· the management arrangements for the entire Conservation Estate;
· the CMP;
· the tenure arrangements, vesting and joint management arrangements for the in-town reserves;
· a diagram setting out the governance arrangements for the joint management of the Conservation Estate;
· the location and tenure of the in-town reserves; and
· roles and responsibilities of the YPC, Yawuru RNTBC, Shire and DPaW.
Note that this section clarifies that each party to the Joint Management Agreement is liable for its actions only and not the actions of other parties in relation to the management of the in-town reserves. It also acknowledges that the Shire may be required to enter parts of the in-town reserves with cultural values or culturally significant sites to undertake urgent works for public safety.
Performance assessment
This section talks about key performance indicators (KPIs) that have been developed for management outputs included in the JMP. It also provides for annual reviews to be undertaken to ensure the effectiveness of the JMP.
Vision and goals
The stated vision for the in-town reserves in the JMP is:
Yawuru people and their partners working together to restore, protect and maintain the cultural, natural and recreational values of the conservation estate for the enjoyment and benefit of present and future generations.
Management of Yawuru Minyirr Buru Conservation Park
This section contains a series of tables outlining management arrangements for values of the in-town reserves and specific issues associated with the management of the in-town reserves. Each table contains management objectives, management strategies, performance measures, targets and reporting requirements. Each management strategy is linked to the CMP, is prioritised as either High, Medium or Low and has a lead agency assigned.
A description and background is provided for each value or management issue.
An overview of each value and management issue and associated management arrangements is provided below.
Yawuru cultural values – Living Cultural Landscape
This relates to Yawuru Country and the associated narratives and rituals that link Yawuru people to particular areas of country for all time. These narratives along with events, cultural heritage areas and cultural heritage sites which shaped the lives of Yawuru people make up the living cultural landscape.
The management objectives for living cultural landscape are:
1. to ensure that activities within the Yawuru Minyirr Buru Conservation Park do not adversely affect sites and opportunities for Yawuru people to have ongoing cultural connection and expression; and
2. to promote increased understanding of Yawuru values and concepts of living cultural landscape.
To ensure these objectives are met, a number of management strategies are specified as follows:
1. Prepare a colour-coded ‘Living Cultural Landscape’ spatial map that indicates the significance and general location of culturally significant areas.
2. Develop operational protocols and similar to enable the appropriate management of activities.
3. Ensure cultural heritage sites are protected, in particular highly significant and sensitive sites at immediate risk.
4. Assess human activities that may inhibit the protection of the living cultural landscape in accordance with the operational protocols.
5. Develop and implement a cultural education and interpretation programme that considers appropriate communication actions including signage.
Performance measures and targets are specified, including a target that there be no deterioration of important sites as a result of human activity.
Yawuru cultural values – Traditional Ecological Knowledge
This relates to the need to ensure Yawuru’s knowledge and understanding of the flora, fauna, landscape features, seasons and cycles that make up their country are captured in the management of the in-town reserves.
The management objective for traditional ecological knowledge is to apply Yawuru traditional ecological knowledge and integrate it with modern conservation science and land management.
To ensure this objective is met, two management strategies are specified as follows:
1. Develop processes and protocols for consulting and integrating Yawuru traditional ecological knowledge in the management of the Yawuru Minyirr Buru Conservation Park.
2. Develop a database of the most important elements of Yawuru traditional ecological knowledge and investigate opportunities for integrating this with conservation science and land management.
Performance measures and a target is specified. The target is that traditional ecological knowledge is incorporated into ongoing management activities.
Yawuru cultural values – Enjoyment of Country and Customary Practices
This relates to the need to ensure Yawuru people retain the ability to access the in-town reserves for customary practices.
The management objective for enjoyment of country and customary practices is to recognise and support the right of Yawuru people to continue customary practices and to benefit from their country consistent with the Yawuru Minyirr Buru Conservation Park.
To ensure this objective is met, two management strategies are specified as follows:
1. Identify factors that may inhibit the Yawuru people to enjoy country or maintain customary practices.
2. If required, develop special access arrangements needed for continuance of customary practices.
Performance measures and a target is specified. The target is that factors that may inhibit the Yawuru people enjoying country or maintaining customary practices are identified.
Yawuru cultural values – Responsibility for Country
This relates to the need to ensure Yawuru people are able to exercise their responsibility ensure the sustainable use of resources and protect the in-town reserves.
The management objective for responsibility for country is to facilitate and maintain the opportunity for Yawuru to carry out their roles and responsibilities as protectors and managers of their country and culture.
To ensure this objective is met, a number of management strategies are specified as follows:
1. Ensure Yawuru has access to country for management purposes.
2. Continue to develop the Yawuru Ranger Program and investigate the authorisation of officers for enforcement activities such as vehicle usage in prohibited areas and camping.
3. Develop operational protocols and similar to enable the appropriate management of activities
4. Investigate opportunities to increase the number of Yawuru RNTBC members involved in management of the Yawuru Minyirr Buru Conservation Park (including, for example, exploring opportunities for traditional owners as cultural rangers).
Performance measures and a target is specified. The target is that Yawuru continues to have access to country for management purposes.
Physical values – Geomorphology
This relates to the striking and richly diverse coastal and geomorphological features of the in-town reserves, including the beaches and dunes, sandstone cliffs, semi-hardened red sand and fossils.
The management objective for geomorphology is for the geomorphology and geomorphic processes that maintain the cultural and ecological values of the Yawuru Minyirr Buru Conservation Park are not adversely altered by human activity.
To ensure this objective is met, a number of management strategies are specified as follows:
1. Ensure that potential adverse effects on geomorphic features and processes from development and management activities are taken into account and mitigated.
2. Implement strategies to address adverse or potential effects on geomorphology from inappropriate vehicle and pedestrian access as required.
3. Undertake research activities to characterise the geomorphic features and processes and their associated ecological function.
4. Ensure appropriate coastal setback distances are used when developing recreation and other infrastructure within the Yawuru Minyirr Buru Conservation Park.
Performance measures and targets are specified, including a target that consideration of geomorphic features and processes occurs early in the planning phase of management activities.
Physical values – Hydrology and Drainage
This relates to ensuring high water quality while supporting the natural fluxes in water quantity and flow in order to protect the key values of the in-town reserves. It also relates to managing stormwater impacts and drainage in the reserves.
The management objectives for hydrology and drainage are as follows:
1. Increase knowledge of the ecological water requirements of groundwater dependent species and ecosystems within the Yawuru Minyirr Buru Conservation Park.
2. Work with agencies that have water resource protection and management roles and responsibilities to maintain the water regimes that sustain key cultural and ecological values of the Yawuru Minyirr Buru Conservation Park.
3. Ensure that stormwater runoff from urban development does not significantly impact the Yawuru Minyirr Buru Conservation Park.
To ensure these objectives are met, a number of management strategies are specified as follows:
1. Implement or support a water monitoring program in conjunction with the relevant water resource management agencies that improves understanding of baseline water regime conditions (i.e. quality, quantity and flow patterns) and helps to identify limits of acceptable change and ecological water requirements for groundwater dependent ecosystems/species, including further research into hydrogeology of specific areas.
2. Identify, implement or assist management interventions as needed in response to matters of concern identified through the water monitoring program.
3. Groundwater abstraction from the Yawuru Minyirr Buru Conservation Park requires consent of the YPC.
4. Ensure that management operations within the Yawuru Minyirr Buru Conservation Park do not negatively affect natural water regimes.
5. Identify drainage needs and assess potential impacts within the Yawuru Minyirr Buru Conservation Park.
6. If required, develop and implement strategies to address drainage needs and impacts within the Yawuru Minyirr Buru Conservation Park.
7. Implement a monitoring program (e.g. of vegetation, erosion, rubbish, sediment deposits etc.) which improves understanding of the impacts associated with changes to drainage practices and infrastructure on important ecological and cultural values of the Yawuru Minyirr Buru Conservation Park.
Performance measures and targets are specified, including a target that impacts within the Yawuru Minyirr Buru Conservation Park due to inappropriate drainage are avoided.
Ecological values – Flora, Fauna and Ecological Communities
This relates to the native threatened and priority/significant flora and fauna species found in the in-town reserves. It also relates to the following six ecological communities:
· Beaches and sand dunes;
· Pindan;
· Vine thickets;
· Mangroves;
· Saltmarsh and saline grassland; and
· Melaleuca thickets.
The management objectives for flora, fauna and ecological communities are as follows:
1. To conserve the flora, fauna and ecological communities of the Yawuru Minyirr Buru Conservation Park.
2. To increase understanding of the flora, fauna, and ecological community values of the Yawuru Minyirr Buru Conservation Park and of the factors presenting a threat to those values.
To ensure these objectives are met, a number of management strategies are specified as follows:
1. Carry out research and monitoring to establish the baseline condition of the ecological communities within the Yawuru Minyirr Buru Conservation Park and assist with identifying and managing significant threats.
2. If required, implement strategies to minimise the effects of threatening processes on native flora, fauna and ecological communities.
3. Determine the need for access restrictions as necessary to protect flora, fauna and ecological communities, and implement as required.
4. Implement research, monitoring and recovery actions for threatened and priority species and communities.
Performance measures and targets are specified, including a target that key protection strategies are implemented.
Ecological values – Introduced Flora Management
This relates to the need to manage weeds and prevent introduced plant species from impacting on the ecological values of the in-town reserves.
The management objective for introduced flora is to ensure the impact of environmental weeds on the Yawuru Minyirr Buru Conservation Park is minimised.
To ensure these objectives are met, two management strategies are specified as follows:
1. Assess current extent and impact of weeds in the Yawuru Minyirr Buru Conservation Park.
2. Develop a Weed Management Plan to be informed, where relevant, by the Shire’s Weed Management Strategy.
Performance measures and targets are specified, including a target that there is no increase in the abundance, distribution or extent of priority environmental weeds from current levels.
Ecological values – Introduced Fauna Management
This relates to the need to manage feral animals and prevent feral animals from impacting on the ecological values of the in-town reserves.
The management objective for introduced fauna is to minimise the impact of feral animals on the cultural, ecological and social values of the Yawuru Minyirr Buru Conservation Park.
To ensure these objectives are met, two management strategies are specified as follows:
1. Assess current extent and impact of feral and pest animals in the Yawuru Minyirr Buru Conservation Park.
2. Consider options for feral and pest animal control in the Yawuru Minyirr Buru Conservation Park that are appropriate and supported by the local community.
Performance measures and targets are specified, including that a target that there is minimal impact from feral animals to native fauna and flora within the Yawuru Minyirr Buru Conservation Park.
Ecological values – Fire Management
This relates to the need to ensure that appropriate bushfire mitigation strategies are implemented that avoid impacts on the ecological values of the in-town reserves.
The management objectives for fire management are as follows:
1. To mitigate the risk of adverse impacts of bushfire on human life, property and community assets.
2. To promote the maintenance of habitat biodiversity and the persistence of ‘fire regime specific’ biota and habitats.
To ensure these objectives are met, a number of management strategies are specified as follows:
1. Carry out fire risk assessments in accordance with State Planning Policy 3.7, the State Bushfire Prone Areas Map and the Bush Fires Act 1954 (WA).
2. Develop and implement a Bushfire Mitigation Strategy identifying strategies relating to fuel reduction burning, provision of access, establishment of strategic fire breaks and other relevant strategies in liaison with key stakeholders.
3. Maintain best available and up to date knowledge of fire management in accordance with the Bush Fires Act 1954 (WA), Yawuru traditional knowledge and Shire policies and ensure the ecological and social values of the Yawuru Minyirr Buru Conservation Park are included in response plans for fire management to assist in addressing any significant fire events.
4. Monitor and record the effects of fire on the most important and vulnerable values and assets, and on habitats or species which may require specific fire regimes (for example Monsoonal Vine Thickets, Keraudrenia species, etc).
5. Ensure that Yawuru Rangers are trained in fire management principles and practices.
Performance measures and a target is specified. The target is that the impacts associated with fire in the Yawuru Minyirr Buru Conservation Park are minimised.
Social and economic values – History and Heritage
This relates to the need to protect non-indigenous heritage sites and Aboriginal heritage sites (both registered and unregistered) within the in-town reserves.
The management objective for history and heritage is to ensure consideration and the protection of cultural heritage sites and values within the Yawuru Minyirr Buru Conservation Park.
To ensure this objective is met, the following management strategies have been identified:
1. Identify important non-indigenous heritage sites.
2. Identify key coastal Aboriginal heritage sites.
Performance measures and targets are specified, including a target that impacts on heritage sites is avoided.
Social and economic values – Recreation
This relates to the need to ensure that recreational use of the reserves is maintained, while minimising impacts on the ecological and cultural values of the in-town reserves. It also recognises the importance of the reserves for activities such as wildlife viewing, walking, picnicking and recreational fishing.
The management objective for recreation is to ensure that recreational activities are supported and managed in a manner that is consistent with maintaining the ecological and socio-economic values of the Yawuru Minyirr Buru Conservation Park.
To ensure this objective is met, a number of management strategies are specified as follows:
1. Maintain the Recreation Master Plan (RMP).
2. Develop and implement an interpretation plan.
3. Monitor environmental impacts associated with recreation by developing a database to record this information on an ongoing basis.
4. Prioritise and cost infrastructure identified within the RMP.
5. Seek external funding opportunities for capital works for recreation sites.
6. Conduct a visitor survey programme to better understand visitor use, numbers and satisfaction of visitor experience.
Performance measures and a target is specified. The target is that a high quality recreation experience is provided.
Social and economic values – Dogs
This relates to the continuation of the use of the in-town reserves by dog owners.
The management objective for dogs is to provide equitable access within the Yawuru Minyirr Buru Conservation Park for dog owners.
To ensure this objective is met, the need to use appropriate signage to advise the community where dogs are allowed and where they are not permitted as been specified as a management objective.
A performance measure and a target is specified. The target is that signage is installed in appropriate locations if not already present.
Social and economic values – Horses
This section outlines the use of the in-town reserves by persons riding horses, however no management arrangements are specified as the activity is not considered to pose a threat to the values of the Yawuru Minyirr Buru Conservation Park.
Social and economic values – Access
This relates to the need to ensure public access to the in-town reserves is maintained, while minimising impacts on the ecological and cultural values of the reserves.
The management objectives for access management are as follows:
1. To maintain public access to the Yawuru Minyirr Buru Conservation Park in a way that does not compromise the cultural, ecological or socio-economic values of the Yawuru Minyirr Buru Conservation Park.
2. To maximise public compliance with regulations related to the ongoing management of the Yawuru Minyirr Buru Conservation Park.
To ensure these objectives are met, a number of management strategies are specified as follows:
1. Map the locations of all formal and informal access locations and infrastructure within the Yawuru Minyirr Buru Conservation Park.
2. Consolidate and formalise access locations, closing surplus access ways with agreement from YPC.
3. If required, implement access management arrangements to ensure access to culturally sensitive areas is managed appropriately, with all access restrictions to be agreed by YPC.
4. Implement access restrictions as necessary to protect flora, fauna and ecological communities, with all restrictions to be agreed by YPC.
5. Implement strategies as necessary to prevent adverse impacts on the values of Reserves from inappropriate vehicle or pedestrian access.
6. Educate, mentor and support trainee rangers through working with Shire Rangers, Parks and Wildlife authorised officers and other agencies to gain experience in patrol and enforcement activities, to the extent possible within the existing resources of the Shire and Parks and Wildlife.
7. Develop and implement a collaborative patrol and enforcement program to:
- ensure compliance with relevant regulations; and
- maximise efficiency and effectiveness of patrol and enforcement activities.
8. Apply culturally appropriate and sensitive management to illegal camping issues within the Yawuru Minyirr Buru Conservation Park.
9. Facilitate cross-authorisation of government enforcement officers as appropriate
10. Maintain a database of compliance statistics and issues.
Performance measures and targets are specified, including a target that there is a decreasing trend of non-compliance within the Yawuru Minyirr Buru Conservation Park.
Social and economic values – Visual Amenity
This relates to the need to maintain the very high visual amenity values and landscape quality of the in-town reserves.
The management objective for visual amenity is to ensure consideration and the protection of the visual amenity values within the Yawuru Minyirr Buru Conservation Park.
To ensure this objective is met, a number of management strategies are specified as follows:
1. Identify the key characteristics and map the spatial extent of important landscapes.
2. Ensure recreation and commercial activities are consistent with maintaining the landscape.
3. Minimise visual impacts of structures through appropriate placement, design and colour of materials used.
Performance measures and a target is specified. The target is that visual amenity is considered on an ongoing basis.
Social and economic values – Commercial activities
This relates to providing for the use of the in-town reserves for commercial and tourism activities, while ensuring these activities occur in a way that minimises impacts on the ecological and cultural values of the reserves.
The management objectives for commercial activities are as follows:
1. To ensure that commercial tourism activities are encouraged and managed in a manner that is consistent with maintaining the cultural, ecological and social-economic values of the Yawuru Minyirr Buru Conservation Park.
2. To maintain the ecological and socio-economic values of the Yawuru Minyirr Buru Conservation Park that are important to commercial operators, through the appropriate management of human based activities that adversely impact upon these values.
3. To provide opportunities for Yawuru community and Yawuru RNTBC to develop and operate commercial businesses consistent with maintaining the values of the Yawuru Minyirr Buru Conservation Park.
To ensure these objectives are met, a number of management strategies are specified as follows:
1. Assist Yawuru people and others to identify areas of commercial opportunity within the Yawuru Minyirr Buru Conservation Park.
2. Determine and develop appropriate management protocols for assessment, licencing and management of commercial activities and events.
3. Approvals issued for commercial activities and events with appropriate conditions.
4. Provide Yawuru people with new commercial opportunities in the Yawuru Minyirr Buru Conservation Park.
Performance measures and a target is specified. The target is that all commercial operators have the required approvals and abide by the relevant conditions.
Social and economic values – Resource values
This relates to the use of the in-town reserves for mineral, oil and gas extraction as well as the extraction of raw materials.
The management objective for resource use is to protect the values of the Yawuru Minyirr Buru Conservation Park from any adverse effects associated with resource use activities in or near to the Park.
To ensure this objective is met, two management strategies are specified as follows:
1. Obtain raw materials for use within the Yawuru Minyirr Buru Conservation Park from outside the Park, unless any adverse effects on the natural and cultural values are demonstrated to be very low and there are no other practical, environmentally or culturally acceptable alternatives.
2. Ensure that rehabilitation has been effective by post-rehabilitation monitoring and evaluation, and implementation of any additional or alternative restorative works if required.
Performance measures and targets are specified, including a target that land is restored to equivalent or better condition at the conclusion of raw material extraction activities.
General management measures – Asset management
This section sets out that DPaW is owner of all assets located within the in-town reserves and is responsible for the ongoing maintenance of these assets. It requires DPaW to prepare an Asset Management Plan for the in-town reserves.
The management objective for asset management is to ensure assets within the Yawuru Minyirr Buru Conservation Park are managed appropriately.
To ensure this objective is met, a number of management strategies are specified as follows:
1. Develop an Asset Management Plan.
2. Undertake annual inspections of infrastructure within the Yawuru Minyirr Buru Conservation Park.
3. Prepare an annual Capital Works Program based on the Asset Management Plan, to be approved by the YPC.
Performance measures and targets are specified, including a target that an Asset Management Plan is endorsed by the YPC.
General management measures – Waste management
This section sets out the need for a waste management plan for the in-town reserves.
The management objective for waste management is to ensure waste is appropriately managed within the Yawuru Minyirr Buru Conservation Park.
To ensure this objective is met, the development and implementation of a Waste Management Plan is specified as a management strategy.
Performance measures and targets are specified, including a target that waste is managed appropriately.
General management measures – Information, Education and Interpretation
This relates to the need to develop an education and interpretation program to increase public awareness and understanding of conservation, Yawuru culture and management issues in the in-town reserves.
The management objective for information, education and interpretation is to enhance community understanding of, and support for, the values of the Yawuru Minyirr Buru Conservation Park through education and interpretation programs.
To ensure this objective is met, a number of management strategies are specified as follows:
1. Develop and implement an integrated education and interpretation plan to ensure users of the Yawuru Minyirr Buru Conservation Park understand:
· the importance of the key cultural, ecological and socio-economic values of the Yawuru Minyirr Buru Conservation Park as set out in the JMP;
· the integration of traditional ecological knowledge into the management of the Yawuru Minyirr Buru Conservation Park;
· the rights of Yawuru people, as the recognised traditional owners in and around Broome to enjoy Yawuru country and maintain their cultural practices;
· areas of cultural and historical significance and culturally appropriate behaviour in these areas;
· the flora and fauna that are sensitive to disturbance (e.g. roosting shorebirds) and appropriate behaviour to minimise impacts;
· the effects of dumping rubbish and garden refuse and the threat invasive plants pose to the values of the Yawuru Minyirr Buru Conservation Park;
· appropriate behaviours to reduce illegal vehicle access and camping; and
· appropriate behaviours to reduce the risk of injury and ensure public safety.
2. Ensure the education and interpretation program for the Yawuru Minyirr Buru Conservation Park is appropriately integrated with relevant outcomes and messages from the CMP and other management plans for the Conservation Estate.
3. Ensure that Yawuru people have an active role in the education and interpretation programs.
4. Install culturally appropriate signage for the Yawuru Minyirr Buru Conservation Park for educational purposes where appropriate and with approval from the YPC and consistent with the interpretive plan
5. Encourage and assist the tourism industry to provide educational courses/materials to their staff and customers to foster community stewardship of the Yawuru Minyirr Buru Conservation Park.
6. Develop promotional and educational material.
Performance measures and a target is specified. The target is that 50% of visitors to the Yawuru Minyirr Buru Conservation Park are aware of the existence of the Yawuru Minyirr Buru Conservation Park, their values and the management requirements that apply within five years of the release of the JMP.
General Management Measures – Public Participation
This relates to allowing for third parties to undertake community based and conservation programs in the in-town reserves and participate in management activities within the reserves.
The management objective for public participation is to encourage and facilitate ongoing public participation in the management of the Yawuru Minyirr Buru Conservation Park.
To ensure this objective is met, a number of management strategies are specified as follows:
1. Consider and establish appropriate structures and mechanisms to provide for community input and involvement in ongoing management of the Yawuru Minyirr Buru Conservation Park.
2. Develop and implement a public participation program for the Yawuru Minyirr Buru Conservation Park which encourages community involvement through a range of opportunities including education and monitoring programs.
3. Maintain records of public participation.
Performance measures and a target is specified. The target is that ongoing public participation in the management of the Yawuru Minyirr Buru Conseration Park is facilitated.
General Management Measures – Research and Monitoring
This relates to allowing for third parties to undertake research projects within the in-town reserves.
The management objective for research and monitoring is to provide access and opportunities for scientific research in the Yawuru Minyirr Buru Conservation Park.
To ensure this objective is met, a management strategy is specified that is to encourage and facilitate as far as practicable community and other involvement in research and monitoring programs, providing assistance where possible.
A performance measure and a target is specified. The target is that there is increased knowledge of the various values within the Yawuru Minyirr Buru Conservation Park.
General Management Measures – Risk Management and Safety
This relates to ensuring risks to public safety within the in-town reserves is mitigated through the development and implementation of a risk management plan by DPaW.
The management objective for risk management and safety is to minimise risks to visitors within the Yawuru Minyirr Buru Conservation Park from natural and other hazards.
To ensure this objective is met, a number of management strategies are specified as follows:
1. Undertake a biannual risk assessment and develop a risk management plan to identify hazards/risks and proposed corrective/mitigation actions.
2. Identify the estimated costs associated with each proposed corrective action.
3. Consider the recommendations of the Broome Townsite Coastal Hazard Risk Management and Adaptation Plan in undertaking the risk assessment and implementing the risk management plan.
Performance measures and a target is specified. The target is that there are no serious injuries reported in the Yawuru Minyirr Buru Conservation Park.
Conclusion
Officers consider the JMP to be a sound basis upon which to continue the joint management of the in-town reserves. The JMP clarifies both Yawuru’s and the Shire’s interests and responsibilities in relation to the ongoing management of reserves, and delineates responsibility between Yawuru, the Shire and DPaW.
The management framework established by the JMP will provide ongoing guidance and support for management activities and priorities into the future.
Therefore, it is recommended that Council endorse the JMP for public consultation.
CONSULTATION
Officers from the Shire have worked closely with representatives from Yawuru and officers from DPaW in relation to the JMP. In addition, YPC has made resolutions influencing the content of the JMP and a consultant, Natural Area Consulting Management Services, provided advice and assistance in the development of the JMP.
Yawuru will be formally considering the JMP and it will be submitted to the Yawuru RNTBC for approval to undertake public consultation. Following approval/endorsement of the JMP by Yawuru and Council, YPC endorsement of the JMP will be sought before public consultation commences.
The JMP will need to be released for 42 days public consultation. The organisation that will be responsible for managing this public consultation process has not yet been determined at this stage, but it is likely to be DPaW.
To ensure all necessary steps are taken so that the JMP can obtain endorsement by YPC and also undergo public consultation, it is recommended that Council authorise the Chief Executive Officer to take any necessary action to obtain YPC endorsement and ensure public consultation occurs. It is also recommended that the Shire’s YPC Representative Members be authorised to make or support any relevant motions at a YPC meeting so that the JMP can be endorsed/approved by the YPC and undergo public consultation.
STATUTORY ENVIRONMENT
Land Administration Act 1997
Section 46. Care, control and management of reserves
(1) The Minister may by order place with any one person or jointly with any 2 or more persons the care, control and management of a reserve for the same purpose as that for which the relevant Crown land is reserved under section 41 and for purposes ancillary or beneficial to that purpose and may in that order subject that care, control and management to such conditions as the Minister specifies.
(2) The Minister may, with the consent of the management body of a reserve and of the holders of any interests within the reserve, by order vary any condition to which the care, control and management of the reserve is subject.
(3) The Minister may —
(a) by order confer on a management body power, subject to section 18, to grant a lease or sublease or licence over the whole or any part of the Crown land within the reserve in question for the purposes referred to in subsection (1); and
(b) approve a mortgage of any such lease.
(3a) The Minister may by order —
(a) without the consent of the management body of a reserve, vary —
(i) an order made under subsection (3)(a); or
(ii) an order made under section 33 of the repealed Act or section 42 or 43 of the Land Act 1898 7 that subsists as an order made under subsection (3)(a),
in relation to whether or not prior approval in writing of the Minister is required to a grant of a lease, sublease, or licence; or
(b) with the consent of the management body of a reserve, vary any other condition to which —
(i) an order made under subsection (3)(a); or
(ii) an order made under section 33 of the repealed Act or section 42 or 43 of the Land Act 1898 7 that subsists as an order made under subsection (3)(a),
is subject.
(3b) The Minister’s approval under section 18 is not required for the exercise of a power conferred under subsection (3)(a) unless —
(a) the person on whom the power is conferred is —
(i) a body corporate that is constituted for a public purpose under an enactment and is an agency of the Crown in right of the State; or
(ii) a person referred to in subsection (10)(b),
and the order provides that the Minister’s approval under section 18 is required; or
(b) the person on whom the power is conferred is a person other than a person referred to in paragraph (a).
(4) If an unmanaged reserve is the subject of —
(a) a lease granted under section 47; or
(b) a licence, or a lease or profit à prendre, granted under section 48,
or of any other interest in the unmanaged reserve, the Minister may under subsection (1) place the care, control and management of that reserve with a management body subject to that licence, lease or profit à prendre or other interest, the term of which continues unbroken by that placing.
(5) An order made under subsection (1), (2), (3) or (3a) does not create any interest in Crown land in the relevant reserve in favour of the management body of that reserve.
(6) If Crown land reserved under section 41 for the purpose of recreation is leased or subleased under a power conferred under subsection (3), the lessee or sublessee may, unless the terms of the management order or the lease or sublease otherwise provide, restrict public access to the area leased.
(7) A person with whom the care, control and management of a reserve is placed by order under subsection (1) has, by virtue of this subsection, the capacity, functions and powers to hold and deal with the reserve in a manner consistent with the order, any order conferring power on that person under subsection (3)(a) and this Act to the extent that the person does not already have that capacity or those functions and powers.
(8) Subsection (7) does not authorise a management body to perform a function or exercise a power if another enactment expressly prevents the person from performing that function or exercising that power, or expressly authorises another person to perform that function or exercise that power.
(9) Any instrument in relation to the care, control and management of a reserve entered into or given by a person holding an office referred to in subsection (10)(b)(i) or (iii) is taken to have been entered into or given by the person for the time being holding that office.
(10) In subsection (1), a reference to a person is a reference to —
(a) a person having perpetual succession;
(b) a person not having perpetual succession who is —
(i) a Minister to whom the Act specified in the relevant order is for the time being committed by the Governor; or
[(ii) deleted]
(iii) a person holding a prescribed office.
(11) If an order made under section 33 of the repealed Act subsists under clause 16(1) of Schedule 2 as if it were a management order under section 46(1), the Minister may by order vary that order to place the care, control and management of the reserve the subject of the order with a person referred to in subsection (10).
(12) An order made under section 46(1) before the coming into operation of section 12 of the Land Administration Amendment Act 2000 1 may be varied by the Minister by order to place the care, control and management of the reserve the subject of the order with a person referred to in subsection (10).
Conservation and Land Management Act 1984
Section 33. CEO, functions of
(1) The functions of the CEO are, subject to the direction and control of the Minister —
(f) to provide advice to, or undertake work for or jointly with, and to supply services or facilities to, any department, public or private body or other person, whether in the State or elsewhere if the Minister is of the opinion that the provision of that advice or the undertaking of that work is in the public interest;
POLICY IMPLICATIONS
Nil.
FINANCIAL IMPLICATIONS
The development of management strategies, assigning of priorities and identification of lead agencies has been done taking into account limitations in the Shire’s resources. The Joint Management Agreement states that the Shire will be responsible for costs it incurs in relation to the joint management and maintenance of the in-town reserves, including its participation in the YPC and the costs of public and other insurances relevant to the in-town reserves.
The Joint Management Agreement outlines funding that will be provided by the State for the management of the Conservation Estate. The Agreement states that when this funding has ended, Yawuru, DPaW and the Shire will work cooperative to ensure a sufficient level of funding is obtained from the State Government, Federal Government or any other relevant third parties, for the purposes of continuing the joint management arrangements.
RISK
Should Council not proceed with the JMP, it would be in breach of the Joint Management Agreement and there is a risk that Yawuru or the State could commence legal action to compel the Shire to act in accordance with the Agreement.
More likely however, is that the failure of Council to endorse or proceed with the JMP would have a significant detrimental impact on the relationship between the Shire, Yawuru and the State government. The risk should Council proceed in this way is considered Extreme. To mitigate this risk, Council should continue to work with Yawuru and DPaW to ensure the JMP is finalised in the near future.
The risk to Council if endorsing the JMP is that resourcing implications may arise from the management strategies in the JMP that place an unreasonable burden on the Shire. However this risk is considered Low, given the careful development of the management strategies, the inclusion of priorities for each management strategy and the identification of an appropriate lead agency for each strategy.
STRATEGIC IMPLICATIONS
Our People Goal – Foster a community environment that is accessible, affordable, inclusive, healthy and safe:
Effective communication
Accessible and safe community spaces
Participation in recreational and leisure activity
A healthy and safe environment
Our Place Goal – Help to protect the nature and built environment and cultural heritage of Broome whilst recognising the unique sense of the place:
A unique natural environment for the benefit and enjoyment of current and future generations
A preserved, unique and significant historical and cultural heritage of Broome
Retention and expansion of Broome’s iconic tourism assets and reputation
VOTING REQUIREMENTS
Simple Majority
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That Council: 1. Endorses the draft Joint Management Plan for the Yawuru Minyirr Buru Conservation Park for public consultation as shown in Attachment 2 to this report; 2. Authorises the Chief Executive Officer to take any action necessary to obtain Yawuru Park Council endorsement/approval of the draft Joint Management Plan and ensure public consultation of the draft Joint Management Plan occurs; and 3. Authorises the Shire’s Yawuru Park Council Representative Members to make or support any motions relating to the draft Joint Management Plan at a Yawuru Park Council meeting so that the Joint Management Plan can be endorsed/approved by the Yawuru Park Council and undergo public consultation.
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Map of in-town reserves |
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Draft Joint Management Plan for the Yawuru Minyirr Buru Conservation Park |
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Item 9.1.4 - DRAFT JOINT MANAGEMENT PLAN FOR THE YAWURU MINYIRR BURU CONSERVATION PARK |
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A Management Partnership between the YAWURU REGISTERED NATIVE TITLE BODY CORPORATE and the SHIRE of BROOME Joint Management Plan for the Yawuru Minyirr Buru
Conservation Park Draft: V8.1 – July 2016 NOTE: This document is in DRAFT form. Further consultation with Yawuru RNTBC, the Shire of
Broome and PaW is required. This draft currently has no formal status or
approval. Draft Joint Management Plan for the Yawuru Minyirr
Buru Conservation Park. Version 8.1 IN CONFIDENCE Not for Distribution
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Version Control
Date |
Year |
Version |
Comments |
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6-10 February |
2012 |
Development |
First Broome visit- workshops, field trip and meetings with Yawuru/ Shire/ PaW. |
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26-30 March |
2012 |
Development |
Second Broome visit- workshops, field trips and meetings with Yawuru/ Shire/ PaW. |
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10 April |
2012 |
Development |
First draft of: a) enjoyment of country and customary practice; b) commercial tourism; c) fire; and d) drainage circulated to Yawuru/ Shire/ PaW through Yawuru Park Council working group. |
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16-20 April |
2012 |
Development |
Third Broome visit. Workshops, field trips and meetings with Yawuru/ Shire/ PaW. |
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26 April |
2012 |
1 |
First draft circulated to Yawuru, Shire and PaW through Yawuru Park Council Working Group |
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10 May |
2012 |
1 A |
Amendments from discussions with Yawuru and Sarah Yu. |
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24 May |
2012 |
1 B |
Amendments following PaW review. |
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8 June |
2012 |
2 |
Second draft circulated to Yawuru, Shire and PaW through Yawuru Park Council Working Group. |
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12 June |
2012 |
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Workshop/ handover of draft scheduled for Yawuru/ Shire cancelled (to be rescheduled for August TBC). |
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19 July |
2012 |
2 a |
Update to document control section and removal of some incorrect referencing. Circulated to Yawuru/ Shire/ PaW through Yawuru Park Council working group. |
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9 October |
2012 |
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Workshop/ presentation to Yawuru Board, Shire of Broome Councillors and staff. |
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13 March |
2013 |
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Received CCS strategic report from Shire of Broome for tabling at next YPC meeting. |
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15 May 2013 |
2013 |
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Shire of Broome confirmed that the CCS strategic document is the position of the Shire (excluding the recommended next stages). |
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July |
2013 |
3 |
Updated to align with CCS Strategic information and updated Out of Town / Marine and Intertidal plans. |
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20 March |
2014 |
4 |
Update of V3 framework as developed by YPCWG (19 March 2014). |
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April |
2014 |
5 |
Update as requested by YPC meeting (7 April 2014). |
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11 December |
2014 |
6 |
Senior Officer Group (SoG) to confirm Version Control to progress plan from 12 December 2014. |
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October |
2015 |
7 |
Updated draft for stakeholder group comment and review. |
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July |
2016 |
7.1 |
Incorporation of comments from stakeholder group ahead of endorsement. |
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July |
2016 |
8 |
Updated draft based on ongoing discussions with stakeholder group. |
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19 July |
2016 |
8.1 |
Minor edits ahead of Yawuru Board and Shire of Broome Council meetings |
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Please note all Versions were progressed via the Yawuru Park Council Working Group (YPCWG). Representatives include Yawuru RNTBC, Shire of Broome and Parks and Wildlife. |
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The Yawuru Minyirr Buru Conservation Park Joint Managers Senior Officer Group (SOG) comprising the Yawuru NBY General Manager, the SoB CEO and the West Kimberley Manager of Parks and Wildlife declare that this is the correct version for the Joint Management Partners to progress and finalise. |
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Peter Yu |
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Kenn Donohoe |
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Alan Byrne |
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Chief Executive Officer |
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Chief Executive Officer |
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West Kimberley Manager |
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Yawuru Nyamba Yawuru Pty Ltd |
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Shire of Broome |
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Parks and Wildlife |
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Signature of General Manager |
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Signature of Chief Executive Officer |
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Signature of West Kimberley Manager |
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►Date |
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Item 9.1.4 - DRAFT JOINT MANAGEMENT PLAN FOR THE YAWURU MINYIRR BURU CONSERVATION PARK |
The Yawuru Minyirr Buru Conservation Park incorporates a number of small coastal and inland reserves within the Broome Town site. These reserves are one important component of the Yawuru Conservation Estate which comprises intertidal, sub-tidal and adjacent terrestrial reserves in and around Broome and Roebuck Bay. While the land subject to this management plan is referred to as the Yawuru Minyirr Buru Conservation Park, the land is not a Conservation Park as defined in, or for the purposes of, the Conservation and Land Management Act 1984 (WA).
The Minyirr Buru Conservation Park (Park) incorporates areas which are a living cultural landscape the Yawuru people value, use for customary practice and have a responsibility to manage. The responsibility for management of Country is of fundamental importance for the Yawuru people. The location of the reserves comprising the Park makes them of great significance for the local Broome community and visitors to Broome. In recognition of the importance to Yawuru and the Broome community, these reserves will be jointly ‘owned’ and managed by the Yawuru and the Shire of Broome.
With a population of approximately 15,000, and which rises to 35,000 – 40,000 or more in the high season (July – September), the coastal sites are heavily used for boat launching, swimming, fishing, sporting, sightseeing and other visitor and recreational activities. These areas are valued by the local community and contribute to the Broome lifestyle. The Park encompasses sites that are major attractions for visitors to Broome such as Cable Beach, Gantheaume Point and Minyirr Park which must be maintained to support the local tourism industry.
The close proximity of the reserves to an increasing resident population and a strong tourism industry will place increasing pressure on these sites from local people and visitors. Past use had an impact on these sites and careful and increased management is required to ensure the cultural, environmental, recreational and aesthetic values are maintained and managed for the future.
This draft Management Plan has been prepared by Yawuru, the Shire of Broome and Parks and Wildlife and outlines a range of proposed management actions for the next ten years to ensure these important areas are managed sustainably and for the use and benefit of Yawuru people, the broader Broome community and visitors to Broome.
This Plan
is now released for consideration by the community and your comments on the
management actions proposed for these important areas are sought. The Plan will
be available for public comment for a period of three months. Following the
close of the public consultation period, the Yawuru and Shire of Broome will
consider issues raised in any submissions that are received and develop a final
management plan.
Contents
Summary
1.0 Yawuru Minyirr Buru Conservation Park Management Context
1.1 Yawuru buru, Yawuru ngarrungunil – Yawuru Country, Yawuru People
1.2 The Broome Community
1.3 Native Title Determination and Indigenous Land Use Agreements
1.4 Holistic Management Across Yawuru Conservation Estate
1.5 Walyjala-jala buru jayida jarringgun buru nyamba Yawuru ngan-ga mirli mirli (Planning for the Future: Yawuru Cultural Management Plan)
1.6 Joint Management of Yawuru Minyirr Buru Conservation Park. 15
1.7 Location and Tenure
2.0 Performance Assessment
3.0 Vision and Goals. 20
4.0 Management of Yawuru Minyirr Buru Conservation Park
4.1 Yawuru Cultural Values
4.1.1 Living Cultural Landscape (KPI)
4.1.2 Traditional Ecological Knowledge (KPI)
4.1.3 Enjoyment of Country and Customary Practices (KPI)
4.1.4 Responsibility for Country (KPI)
4.2 Physical values
4.2.1 Geomorphology
4.2.2 Hydrology and Drainage
4.3 Ecological Values
4.3.1 Flora, Fauna and Ecological Communities (KPI)
4.3.2 Fire Management
4.4 Social and Economic Values
4.4.1 History and Heritage
4.4.2 Recreation
4.4.3 Access
4.4.4 Visual Amenity
4.4.5 Commercial Activities
4.5 General Management Measures
4.5.1 Asset Management 68
4.5.2 Waste Management 70
4.5.3 Information, Education and Interpretation
4.5.4 Public Participation
4.5.5 Research and Monitoring
4.5.6 Risk Management and Safety
5.0 Yawuru Language Glossary
6.0 References
7.0 Acronyms
Appendix 1 – Tenure of Reserves within Yawuru Minyirr Buru Conservation Park
1.0 Yawuru Minyirr Buru Conservation Park Management Context
This draft Management Plan (Plan) describes the proposed management arrangements for the Yawuru Minyirr Buru Conservation Park (Park), one part of the Yawuru Conservation Estate recently established in and around Broome, Western Australia (Map 1). This plan is proposed as one of a suite of management plans that will apply to the Yawuru Conservation Estate (Map 2). The Yawuru Conservation Estate will be managed by the Yawuru Registered Native Title Body Corporate (YRNTBC) in partnership with a number of joint management partners. The entire Yawuru Buru Conservation Estate will be jointly managed, although the management parties and arrangements vary across the conservation estate.
This draft plan has been prepared in accordance with the Indigenous Land Use Agreements (ILUA) (2010). The Park includes a number of A-class reserves that will be jointly managed by the Yawuru RNTBC and the Shire of Broome (Shire).
The joint management principles for the Yawuru Minyirr Buru Conservation Park as documented in the ILUA are:
i. preservation and promotion of Aboriginal cultural and heritage values of the Conservation Estate
ii. preservation and promotion of the natural and environmental values
iii. preservation and promotion of archaeological values
iv. provision of recreational facilities and facilitation of recreational activities, particularly in the Townsite area
v. regulation of public access to the freehold areas, Intertidal Reserves and Marine Park areas of the Conservation Estate
vi. access to and use of the land by Yawuru people in accordance with their cultural and other objectives
vii. access to, and occupation and use of, the Conservation Estate by the Yawuru people for purposes consistent with Yawuru culture and tradition, and to preserve and sustain native title rights and interests recognised in the Determination
viii. employment, service provision and training opportunities for the Yawuru people in the administration, management and control of the Conservation Estate
ix. commercial and economic opportunities are made available to the Yawuru community and the Yawuru RNTBC in preference to any other applicant, subject to activities being consistent with the management of the Conservation Estate
x. implementation, monitoring, assessment and audit of the effectiveness of the Management Plan
xi. provision, construction, repair, maintenance and replacement of buildings and infrastructure in the Coastal Park for any of the foregoing purposes, Yawuru people and the Yawuru corporations.
The Plan sets out the values within the Park, the threats, pressures and the associated management strategies. Different parts of the Yawuru Conservation Estate are subject to differing tenure and management arrangements, but the values of the terrestrial and marine areas are intrinsically linked to the values in this Plan. Planning and management will be integrated, complementary and as seamless as possible across the various components of the Conservation Estate.
Some Yawuru names (e.g. for places, plants and animals) are used throughout this Plan in italicised text. Map 3 shows some place names referred to in this Plan, and Yawuru names for places have been included as well as official names. The Yawuru place names are, however, not official or formally recognised. Note that Yawuru language can be spelt in alternative ways. A glossary of Yawuru language names used in this plan is provided in Section 5.0.
1.1 Yawuru buru, Yawuru ngarrungunil – Yawuru Country, Yawuru People
For thousands of years Yawuru people have lived along the foreshores of Roebuck Bay, across the pindan plains, as far inland as the Walan-garr (Edgar Ranges) and along the fringes of the Great Sandy Desert. Yawuru country is land and sea moulded by the cycle of seasonal change. It is a living cultural landscape with which Yawuru people have a dynamic and enduring relationship. In Yawuru law, everything comes from Bugarrigarra, the time when creative beings traversed the country, naming the landscape, defining the languages and setting down rules and customs. Created and given form by Bugarrigarra, country is the source of spirit, culture, language, and is where spirits return on death. From Bugarrigarra Yawuru people have responsibility to look after the country and to ensure that their traditions are passed on to future generations. Every time Yawuru people go out on country, hunting and fishing, they live culture – these activities are an expression of culture and enable Yawuru people to reconnect with country, spirit places, ancestors and Bugarrigarra (Yawuru Registered Native Title Body Corporate (RNTBC), 2011).
The relationship of Yawuru people to country is at the heart of their cultural responsibilities. This is expressed through liyan (well-being), which comes from Yawuru people’s connection to country, ancestors and Yawuru way of life. It reflects a sense of belonging to Yawuru society, and represents the feeling people hold, individually and collectively, particularly when Yawuru people are on country.
Liyan is about relationships—with country, family, community. It is what gives meaning to people’s lives. Yawuru people’s connection to country and joy of celebrating our culture and society is fundamental to having good liyan.
Patrick Dodson
Mabu (good) liyan expresses Yawuru people’s emotional strength, dignity and pride. The guiding principle for good management of Yawuru country is that Yawuru people have to maintain good, clear liyan with the country within the modern, ever-changing world. To ensure Yawuru people can keep mabu liyan they have to:
· visit country
· respect ancestors
· continue cultural traditions
· respect Bugarrigarra
· look after all the plants, animals and other resources that are part of country
· maintain and protect sacred places
· foster a relationship with country
· assume cultural responsibility as individuals and collectively for the future use and development of Yawuru country, and
· achieve balance between keeping things as they are and developing the country.
Yawuru people want to generate an understanding in the wider community of how Yawuru people feel about and relate to country, with respect for Bugarrigarra and cultural traditions and practices (Yawuru RNTBC, 2011).
For countless generations Yawuru people managed country in a sustainable way, relying on their intimate knowledge of the natural environment, and applying customary law and practices passed down from ancestors. As Yawuru people have always done, this knowledge is passed onto their children when they go hunting, fishing, gathering and camping. Understanding the subtle changes in country and following the seasons is part of Yawuru cultural heritage and provides Yawuru people with a guide to where and how to harvest and look after the resources of country. As Yawuru activities change in response to the annual cycle of the seasons, Yawuru people believe their way of living has minimal impact on the environment. They want to use this knowledge to guide and inform successful conservation and management of Yawuru land and sea (Yawuru RNTBC, 2011).
In recent times, Broome has undergone massive transformation as population, infrastructure, housing and industry have expanded. Yawuru people, the native title holders of their country, are well aware of the many challenges and opportunities such changes present for managing country and, in partnership with others, are well placed to meet them.
1.2 The Broome Community
Located at the southern gateway to the Kimberley, Broome has an extraordinary beauty, a unique cultural and natural history and is a favourite holiday destination for visitors from Australia and the world. The Shire of Broome has a resident population of approximately 15,000 and more than 35,000 – 40,000 visitors annually. Broome’s major industries include cattle, pearling trade, tourism, fishing, aquaculture, agriculture, horticulture, mining and exploration, community and cultural arts. The Broome Peninsula provides the township of Broome with a coastal frontage in almost every direction.
Broome has a rich multicultural history, including Aboriginal people from across the Kimberley along with European explorers, and Malaccan (Malay), Arabian, Chinese and Indonesian fishermen. Contact with other cultures is believed to date back as far as the 1500s and Dutchman, Dirk Hartog, is credited with the first known European contact in 1616. Abel Tasman passed by in 1644.
The first Europeans known to have set foot in this region were from William Dampier's ship Roebuck, when he came ashore in La Grange Bay in search of water in 1700. Dampier had visited the coast on an earlier voyage in 1688, when he careened the Cygnet in King Sound. Other visitors included the French explorer, Nicholas Baudin, who charted the coast in the Geographe and Naturaliste during his exploratory journey of 1801-1804, and the sailors from the Beagle, which lost an anchor while in Roebuck Bay in 1838 and were the first Europeans recorded as setting foot on the mangrove beaches of the Bay.
On 21 November 1883, when the town site of Broome was gazetted, the settlement at Roebuck Bay consisted of a few pearling camps along the foreshore near Dampier Creek. The camps were occupied by the Malay crews of the pearling luggers and by the European owners of small pearling boats. The first surveyed town lots formed an inverted L-shape along the peninsula and along the west-northwest alignment of the inland track, the latter giving Napier Terrace its characteristic bend. Lots 10, 12 and 13 were adjacent to the landing at the bottom of Napier Terrace and were gazetted as unnumbered reserves.
With the introduction of hard-hat diving technology, Chinese, Filipinos, Malays, Koepangers, and Japanese were recruited as divers and boat crew and Chinatown was originally known as ‘Japtown’ because of the large number of Japanese divers resident there, with former becoming more popular after World War 2. Many of the businesses in the area were run by Chinese, who were also cooks, gardeners and tailors.
Broome evolved as a segregated town, with wealthy pearlers and Europeans living at one end in elegant bungalows surrounded by tropical gardens and tended by mostly Aboriginal servants. At the other end was Chinatown where the Asian and ‘coloured’ populations lived and played, and where much of the commercial and business activities took place. The pearling masters were distinguished by their white suits, an anachronism in a town of red dirt and bore water. With the proximity of rich pearl shell beds in Roebuck Bay and 80 Mile Beach, Broome soon became known as the pearling capital of the world.
Broome’s pearling workforce was halved in 1914 with the commencement of World War 1 as men enlisted and European markets for mother-of-pearl collapsed. War returned to Broome in 1941 when the Japanese attacked Pearl Harbour and Japanese residents of Broome were interned in camps. In March 1942, Japanese Zeros bombed aircraft in Roebuck Bay and at the aerodrome, destroying 16 Flying Boat planes. Over time, Broome recovered and the pearling industry evolved into a new market in cultured pearls in the 1950s, changing the way pearl shell was harvested as smaller live shell were collected for the pearl farms. These changes remain today.
Broome also developed as the administrative and service centre for the region. Oil exploration within the Kimberley region and offshore was headquartered at Broome, and a new deep water port and jetty were opened at Entrance Point in 1966 to cater to the growing beef export industry and larger ships. Air services expanded, a new meatworks was built in the town and Shire offices replaced the old Roads Board office in 1968. Improved services such as refrigeration and air-conditioning were available, and a new supply of fresh water, and modern sewerage and electricity facilities were installed.
Since the 1970s, tourism has expanded with increased flights to and from the town, along with improved roads making Broome more accessible. The growth of the tourism and other industries has brought great changes to the town, extending it westwards to Cable Beach as the population has expanded. Growth in population and general wealth have meant the expansion of facilities and services for residents, seen in the areas of administration, health, education, recreation, capital works, and specialist services, particularly noticeable in the area of services for the Aboriginal communities.
1.3 Native Title Determination and Indigenous Land Use Agreements
With the High Court decision in Mabo and Wik the Commonwealth Government introduced the Native Title Act 1993 (Cwlth) (Native Title Act). Subsequently, the Yawuru people began a 12-year journey to seek recognition of their native title rights through the Federal Court of Australia and negotiations with the State Government. On 28 April 2006, the Federal Court determined that the Yawuru people are the recognised native title holders of the lands and waters in and around Broome.
History hasn’t always been kind to Yawuru people. We had no say when our land, our home, was taken from us and we were pushed towards the edges. But we stayed strong and true to our culture. We can now take our rightful place in the Broome community.
Gajai Frank Sebastian (Yawuru RNTBC 2011)
In February 2010, the Yawuru RNTBC, the Government of Western Australia, the Shire and other relevant parties signed two ILUAs – the Yawuru Prescribed Body Corporate Indigenous Land Use Agreement and the Yawuru Area Agreement Indigenous Land Use Agreement (National Native Title Tribunal 2010a, 2010b). An ILUA is an agreement under the Native Title Act between a native title group and others about the use and management of land and waters. These ILUAs resolved compensation issues and clarified that native title continued to exist for the Yawuru people. The ILUAs provide for the establishment and joint management of the Yawuru Conservation Estate.
More information on native title, the Yawuru people’s journey for native title determination and the ILUAs can be found on the website for the National Native Title Tribunal (National Native Title Tribunal 2010c), on the Yawuru website (www.yawuru.com) and in the Yawuru Cultural Management Plan.
1.4 Holistic Management Across Yawuru Conservation Estate
While this Plan is proposed as one of a suite of joint management plans that will apply to the Yawuru Conservation Estate, the cultural, ecological, social and economic values of the Yawuru terrestrial and marine conservation reserves are implicitly linked. As such, a well-integrated management approach capable of protecting and managing the values in a culturally appropriate manner across the Yawuru Conservation Estate is required. Management objectives, strategies, performance measures and targets identified in this Plan will complement those for the other Yawuru Conservation Estate management plans.
The various components of the Yawuru Conservation Estate are subject to varying tenure arrangements and therefore a suite of management plans (shown on Map 2) will apply to Yawuru Conservation Estate:
· Yawuru Minyirr Buru Conservation Park Management Plan (this Plan)
· Yawuru Birragun Conservation Park Management Plan
· Northern Intertidal Area Management Plan
· Yawuru Nagulagun/Roebuck Bay Marine Park Management Plan.
These plans are all informed by the Yawuru Cultural Management Plan.
1.5 Walyjala-jala buru jayida jarringgun buru nyamba Yawuru ngan-ga mirli mirli (Planning for the Future: Yawuru Cultural Management Plan)
The Yawuru Cultural Management Plan was developed by
the Yawuru RNTBC, as agreed in the ILUAs, to provide a foundation document to
guide planning and management of the Yawuru Conservation Estate. The plan
addresses Yawuru customs, practices and customary law, and provides detail on
Yawuru policies, visions and requirements to be taken into account during the
development of management plans for the Yawuru Conservation Estate.
As a comprehensive articulation of the aspirations and responsibilities of the Yawuru native title holders, the Yawuru Cultural Management Plan is an authoritative information source for the various joint management partners and the wider community. The development of the Yawuru Cultural Management Plan involved all facets of the Yawuru organisational system and it will remain a key document for the joint management of the Yawuru Conservation Estate.
The Yawuru Cultural Management Plan was a primary information source for many of the culturally based concepts and values outlined in the Plan. Copies of the Yawuru Cultural Management Plan may be obtained through Nyamba Buru Yawuru Ltd (contact details available at the end of this document).
1.6 Joint Management of Yawuru Minyirr Buru Conservation Park
In accordance with the ILUAs, the Park, comprises a number of reserves (Appendix 1), created in accordance with Section 42 of the Land Administration Act 1997 (WA) (LA Act) to be managed for the purpose of ‘conservation, recreation and traditional and customary Aboriginal use and enjoyment’. The Minister for Lands shall place the Townsite areas for care, control and management jointly with Yawuru RNTBC and the Shire of Broome under Section 46 of the Land Administration Act 1997 (WA), with assistance to be provided by the Executive Body as per the Assistance Agreement under Section 33 (I)(f) of the Conservation and Land Management Act 1984 (WA) (CALM Act).
In placing the care, control and management of the Park with Yawuru and the Shire through the LA Act, the local government may, as stipulated by Section 3.54 of the Act, do anything for the purposes of controlling and managing the land that it could do under Section 5 of the Parks and Reserves Act 1895 (WA). The management of the Park will be pursuant to the Yawuru Cultural Management Plan and this Plan, which has been prepared in accordance with Section 49 of the LA Act and the Joint Management Agreement (JMA).
The JMA, a sub-agreement of the ILUAs, describes various management arrangements for the Yawuru Conservation Estate including management principles, roles and responsibilities for each party, decision-making processes and administrative functions. In accordance with the JMA, the Yawuru Park Council (YPC) has been established to jointly administer the management of the conservation estate. The YPC comprises representative members from the Yawuru RNTBC, Parks and Wildlife and the Shire, with administration of the Conservation Estate having regard to the differing joint management arrangements and associated responsibilities. The YPC’s role includes:
· preparation of management plans for the jointly managed conservation estate, ensuring these are consistent with the vision and policies set out in the Yawuru Cultural Management Plan
· strategic monitoring of implementation of the joint management plans
· assessment of the effectiveness of joint management of the Yawuru Conservation Estate.
This Plan has been developed through the collaboration of the Yawuru RNTBC and the Shire with the assistance of Parks and Wildlife, as per the Assistance Agreement in the ILUA under Section 33 (1)(f) of the CALM Act. It will guide management of the Park for 10 years from the date of approval by Minister of Lands, until it is either replaced by a new plan, or as a result of a review initiated by either party.
Public Liability
Yawuru, the Shire and Parks and Wildlife acknowledge the indemnity provisions in Section 11.7 of the JMA and agree that each party is liable for its actions only and not the actions of the other parties in relation to the management of the Park.
Urgent Works
Both Yawuru and the Shire recognise the importance of protecting the Yawuru people’s cultural values and culturally significant sites. However, both parties recognise and acknowledge that Shire employees may be required to undertake work in areas containing these values and/or sites in certain extenuating circumstances. Therefore, through this Plan the parties authorise Shire employees to enter such areas if required to conduct urgent works for public safety. The Shire undertakes that it will seek to contact Yawuru before these works have been undertaken to ensure there is understanding between the parties in relation to the need for and nature of the works undertaken, and to obtain advice on how the works are carried out.
1.7 Location and Tenure
The Park
comprises twenty land parcels extending
from
the Dampier Creek Intertidal Zone, around the Broome Peninsula and north Bilingurr within the Broome town site
boundary (Figure 1), and covers an area of 1384.6349 ha (Appendix 1).
The roles and responsibilities of the joint management partners and the YPC for the Park are described in Table 1 and Management Orders will necessitate the joint care, control and management by the Yawuru RNTBC and the Shire. The joint management parties may (by written agreement) add to, or subtract from the area of the Yawuru Conservation Estate. Opportunities may arise over the life of this plan to add areas of cultural or conservation value to the Yawuru Conservation Estate. These will be considered if, and as they arise.
Should land be added to the Park over the life of this plan, it will be managed consistently and in accordance with the Vision, Strategic Goals and Objectives of this Plan, until such time that more specific and detailed planning is done for the area when the Plan is reviewed.
The Assistance Agreement between the Yawuru RNTBC, the Shire and the Executive Body (Executive Director of Parks and Wildlife) enables Parks and Wildlife to provide advice to and supply services to the Yawuru PBC and the Shire.
Figure 1: Park tenure
Table 1: Roles and Responsibilities
|
Organisation
|
Roles and Responsibilities |
|
Yawuru Park Council |
Established under the Yawuru ILUAs, comprises representatives from the Yawuru RNTBC, Parks and Wildlife and the Shire. The role of the YPC is to administer the management of the Yawuru Conservation Estate including the development, implementation, monitoring and review of the management plans for the Conservation Estate. Further detail regarding the role of the YPC is in the JMA (Clause 9.2). |
|
Yawuru RNTBC |
· Native title holders for lands and waters in and around Broome and Roebuck Bay; · Member of the YPC; · The ongoing protection of the cultural values identified in the Yawuru Cultural Management Plan; · Responsible jointly for the preparation of this Plan; and · Ongoing joint managers of the Yawuru Conservation Estate. |
|
Shire of Broome |
· Responsible for the local government area of Broome; · Member of the YPC; · Responsible jointly for the preparation of this Plan; · Powers and responsibilities to provide for the good governance of the district in accordance with the provisions of the Local Government Act 1995 and its associated regulations, and other legislation; and · Responsible authority for the implementation and enforcement of Local Planning Scheme No. 6 in accordance with the Planning and Development Act 2005. |
|
Parks and Wildlife
|
Assisting in the development of this Plan and undertaking day-to-day management and implementation. Parks and Wildlife will provide the following support: · Day to day management of the Park in accordance with the management plan; · Provision of qualified rangers to undertake the day to day management of the Park in accordance with the Plan; · Training and supervision of trainee rangers appointed pursuant to the program; and · Administrative support for the day to day management of the Park. |
2.0 Performance Assessment
Mechanisms to assess the implementation and effectiveness of management are important components of an adaptive management framework and signal where management may need to be altered if it is not successfully meeting management objectives. The YPC will measure the success of this Plan by using key performance indicators (KPIs) and/or other surrogates as necessary.
A set of KPIs (comprising performance measures, targets and reporting requirements) have been identified for selected values and management issues – these are presented throughout the Plan in the sections where those values and issues are discussed. The KPIs chosen reflect management priorities as identified during the planning process.
As a newly established conservation area, there is generally a lack of adequately detailed information documented about the values of the area, and therefore the KPIs reflect that the description of baseline conditions is a high priority in this initial Plan. Consequently, this Plan includes KPIs that are focused on assessing achievement of management outputs (e.g. availability of baseline condition data and reports) as well as management outcomes (e.g. protection of a particular value and development of recreational infrastructure). Protocols for measuring and reporting on KPIs (e.g. details of the data required, calculation methods and data presentation) will need to be developed.
Annual reviews will occur to demonstrate the successful implementation this Plan, with a summary of information provided to the YPC annually. The following are examples of evidence of implementation of this Plan that may be used for assessment purposes:
· specific quantitative monitoring of significant assets such as special habitats and threatened ecological communities
· series of photographs, mapping or other imagery which show whether spatial and temporal changes have occurred
· checklists
· surveys
· incident investigation reports or records
· other written documents or forms.
3.0 Vision and Goals
Broome is the heart of Yawuru birra and nagula buru, land-side and sea-side country. Yawuru people have customary responsibility to look after their country, which is now recognised through their native title rights. The Broome area is recognised internationally for its unique ecological values, and provides social and commercial benefit to the local community and a growing number of national and international visitors.
The vision for the Yawuru Minyirr Buru Conservation Park is:
Yawuru people and their partners working together to restore, protect and maintain the cultural, natural and recreational values of the conservation estate for the enjoyment and benefit of present and future generations.
·
4.0 Management of Yawuru Minyirr Buru Conservation Park
Conservation and management of the key cultural, ecological, social and economic values of the Yawuru Conservation Estate is the primary purpose of this Plan, and is addressed under separate headings. This allows the development of clear management objectives and strategies for each. This section describes the main values associated with the Park, and the KPIs for those with the highest management priorities for the life of this Plan. Management strategies are prioritised as high (H), medium (M) and low (L). High priority management strategies are defined as those relating to high pressure threats and require action within 1 – 2 years, while medium priority management strategies require action within 3 – 7 years, and low priority management actions in 8 – 10 years. Some management actions will occur on an ongoing or as required basis, and have been designated as such.
A table outlining the management arrangements for each KPI is provided. Each table includes:
· a description of the management objective
· the management strategies that will be implemented, along with their nominated priority, the lead management agency amongst the joint partners (Yawuru, Shire or PaW) or the YPC, and a reference to the Yawuru Cultural Management Plan
· the performance measures
· targets
· reporting requirements and the responsible lead agency.
The coastal nature of the Park means that their values and pressures occur
across the wider Yawuru Conservation Estate, including the adjacent marine
reserve (Yawuru Nagulagun/Roebuck Bay Marine Park) and the out-of-town areas
(Yawuru Birragun Conservation Park), reemphasising the importance of
integration between the four management plans for the Yawuru Conservation
Estate and the need for cooperative management. Yawuru RNTBC, the Shire and
Parks and Wildlife, as the joint management partners, have the primary
responsibility for coordinating and implementing the management strategies
outlined in the management summary tables under each value.
4.1 Yawuru Cultural Values
Yawuru cultural values stem from the relationships between Yawuru people and Yawuru country. Like the country itself, they arise from Bugarrigarra, which gave form to the landscape, determined law and gave Yawuru people the responsibility for caring for Yawuru country (YRNTBC, 2011). This section draws from the values described in Section 2.3 of the Yawuru Cultural Management Plan in the context of the proposed Park. Readers are strongly encouraged to refer to the Yawuru Cultural Management Plan to obtain a fuller understanding of these values.
Underpinning the management of each value for the Park and Yawuru Conservation Estate is the importance of the Yawuru seasonal cycle. Understanding the subtle changes within the Yawuru Conservation Estate and following the seasons is part of Yawuru cultural heritage and provides a guide as to how to look after the resources of the Yawuru Conservation Estate. This seasonal guide is fundamental in mapping, monitoring, education and the management strategies that will sustain the values of the Yawuru Conservation Estate.
4.1.1 Living Cultural Landscape (KPI)
According to Yawuru law everything comes from Bugarrigarra, the world-creating epoch. During this time, ancestral beings travelled through country naming places and creating the features of the land, waters and skies, introducing rules and rituals associated with particular areas, the regional languages, the seasons and their cycles. Bugarrigarra narratives form an intricate network of ‘song lines’ and ‘dreaming’ tracks, which traverse Yawuru country.
In this way Yawuru buru, or ‘Yawuru country’, means much more than just the physical land to which Yawuru belong. Buru is the physical expression of Bugarrigarra, in which the features of Yawuru country were formed. As Bugarrigarra beings created and named places they endowed them with significance. The associated narratives and rituals recount their activities and link Yawuru people to particular areas of country for all time. These narratives ascribe metaphysical meaning to all aspects of physical reality; the landscape, under the ground, the sky, the water, the diverse biota and ecosystems.
Like all living things Yawuru people are believed to arise from country. Certain places in Yawuru country have rayi, a life-giving essence that creates Yawuru spirit-children. This connection of a spirit-child to a specific place; its bugarri, is typically discovered through dreams or unusual events. Throughout life a Yawuru person remains connected to their rayi place, the place that gave them life.
“When we die our rayi return to that place in our country. When we visit places we know the rayi of our ancestors are there, guiding us and looking after country, watching the behaviour of our people.”
(Yawuru RNTBC 2011)
Other metaphysical beings are known to be linked with certain places, but can also move around and be unpredictable. For example, Jurru are snake like beings associated with saltwater, fresh water and storms, that can protect or destroy Yawuru country.
Bugarrigarra is not detached from contemporary life. It continues to exist and is the spiritual force that shapes ongoing cultural values and practice, relationships, obligations and responsibilities. Life since colonial times has contributed to the continuing evolution of the living cultural landscape that is Yawuru country. The influence of the pearling industry was particularly strong, bringing Aboriginal and Asian people together as indentured labour, living and working together and intermarrying. These events and other heritage areas including burial sites, archaeological sites of old living areas, resources sites, contemporary camping places, mission areas and places of work that shaped the lives of Yawuru people are the range of sites that make up the living cultural landscape and have become part of the Yawuru story.
|
Summary of Management Arrangements for Living Cultural Landscape
|
||||
|
Management objective |
1. To ensure that activities within the Yawuru Minyirr Buru Conservation Park do not adversely affect sites and opportunities for Yawuru people to have ongoing cultural connection and expression. 2. To promote increased understanding of Yawuru values and concepts of living cultural landscape. |
|||
|
|
|
Priority |
Lead Agency |
YCMP Reference |
|
Management strategies |
1. Prepare a colour-coded ‘Living Cultural Landscape’ spatial map that indicates the significance and general location of culturally significant areas. 2. Develop operational protocols and similar to enable the appropriate management of activities. 3. Ensure cultural heritage sites are protected, in particular highly significant and sensitive sites at immediate risk. 4. Assess human activities that may inhibit the protection of the living cultural landscape in accordance with the operational protocols. 5. Develop and implement a cultural education and interpretation programme that considers appropriate communication actions including signage. |
H
H
Ongoing
Ongoing
M
|
Yawuru
Shire
Yawuru
Yawuru
Yawuru |
1.2
1.5, 3.2
3.4
1.1 |
|
Performance measures |
1. Preparation of the Living Cultural Landscape map and operational protocols. 2. Information, education and interpretation program for the Yawuru Minyirr Buru Conservation Park incorporates material about the values and concepts of living cultural landscape. |
|
|
|
|
Targets |
1. No deterioration of important sites as a result of human activity. 2. No deterioration of opportunities for ongoing cultural connection to the Yawuru living landscape for Yawuru people. 3. Visitors have been provided with opportunities to increase their understanding about Yawuru values and concepts of living cultural landscape. |
|
|
|
|
Reporting requirements |
Annually |
|
PaW |
|
4.1.2 Traditional Ecological Knowledge (KPI)
Like
many Indigenous peoples across the globe, Yawuru have a deep understanding of
the flora, fauna, landscape features, seasons (Figure 2) and cycles that make
up their country, and changes that have occurred over time. Developed over
millennia, this knowledge is deeply embedded within Yawuru culture and is often
expressed through the stories and law that govern the relationships between
people and country. Having used this knowledge to not only live off the land,
but to sustain this lifestyle for thousands of years, there is much for modern
conservation science to gain from traditional ecological knowledge.
Similar to other aspects of Yawuru life and resource harvesting, knowledge of resources is largely underpinned by the six Yawuru seasons and the life cycles of individual species. Cultural rules and responsibilities established from this knowledge provide guidance on the use of country, such as what and when particular species should be harvested, how to tell they are ‘fat’ or ‘ready’, who should not eat certain resources, and not wasting resources.
Figure 2: Yawuru seasons
Broome Climate and weather
The climate experienced in Broome is tropical, with a wet (Man-gala) and dry season. The Bureau of Meteorology (2015) describes the climate at the Broome Airport (Station ID 003003) as:
· average rainfall is 609.3 mm pa, with the majority falling between December and March
· average maximum temperature ranges from 28.9 oC in the dry season to 34.3 oC in the wet season, with the highest recorded maximum being 44.8 oC
· average minimum temperatures range from 13.7 oC in the dry season to 26.5 oC in the wet season, with the lowest recorded minimum being 3.3 oC
· predominant wind directions include westerlies, easterlies and south-easterlies. The average wind speed is 18.2 km/h with gusts of more than 150 km/h possible during cyclones (wangal jarrangu).
In contrast, the Yawuru recognise six seasons (Figure 2):
· wet season, December to March (Man-gala)
· April to May (Marrul)
· May (Wirralburu)
· cold season, June to August (Barrgana)
· warming up season, September to October (Wirralburu)
· late October to November – December (Laja).
|
Summary of Management Arrangements for Traditional Ecological Knowledge
|
||||
|
Management Objective |
To apply Yawuru traditional ecological knowledge and integrate it with modern conservation science and land management. |
|||
|
|
|
Priority |
Lead Agency |
YCMP Reference |
|
Management Strategies |
1. Develop processes and protocols for consulting and integrating Yawuru traditional ecological knowledge in the management of the Park. 2. Develop a database of the most important elements of Yawuru traditional ecological knowledge and investigate opportunities for integrating this with conservation science and land management. |
M
H
|
Yawuru
Yawuru
|
2.3, 3.4
2.3 |
|
Performance Measure |
1. Protocols developed. 2. Database developed. |
|
|
|
|
Target(s) |
1. Traditional ecological knowledge is incorporated into ongoing management activities. |
|
|
|
|
Reporting requirements |
Annually |
PaW |
|
|
4.1.3 Enjoyment of Country and Customary Practices (KPI)
Although Yawuru country extends more than a hundred kilometres inland, Yawuru consider themselves to be saltwater people as they would travel and live along the coast, exploiting the resources of nagulagun buru—their sea country—according to seasons. Therefore, the ability to access to the coast and sea within Conservation Estate for customary practices is particularly important. As the recognised traditional owners of Yawuru country, Yawuru people have the right to enjoy Yawuru country and maintain their customary practices.
“We took the boys out to Kunin today. I had the best day. I feel so good. I been on country today and I will sleep good tonight.”
Gajai Frank Sebastian
(Yawuru RNTBC 2011)
|
Summary of Management Arrangements for Enjoyment of Country and Customary Practices
|
||||
|
Management Objectives |
To recognise and support the right of Yawuru people to continue customary practices and to benefit from their country consistent with the purpose for the Park. |
|||
|
|
|
Priority |
Lead Agency |
YCMP Reference |
|
Management Strategies |
1. Identify factors that may inhibit the Yawuru people to enjoy country or maintain customary practices. 2. If required, develop special access arrangements needed for continuance of customary practices. |
H
L |
Yawuru
Yawuru |
4.4
4.4 |
|
Performance Measures |
1. Identification of factors. 2. Development of protocols, if required. |
|
|
|
|
Target |
1. Factors identified. |
|
|
|
|
Reporting requirements |
Annually |
|
PaW |
|
4.1.4 Responsibility for Country (KPI)
“The people, the land, and the Law are three aspects of the same thing. We have a duty to look after them all, and looking after one means looking after the other two as well”.
Joseph Nipper Roe Ngulibardu
(cited in Yawuru RNTBC 2011)
Yawuru customary law and responsibility for country is derived from Bugarrigarra. Through this, Yawuru people maintain the right to ‘speak for and look after’ Yawuru country. The relationship of Yawuru people to their country is dynamic and the country is considered to be animated and often unpredictable. The country itself, and the forces that lie within, must be respected and it is the responsibility of the Yawuru people to use its resources sustainably and ensure the protection of the country and family and others who visit. This goes to the heart of maintaining good liyan with the country. If Yawuru people or others do the wrong thing there will be serious consequences for Yawuru people and their families.
Central to this responsibility is looking after sacred and significant areas. To Yawuru people, significance refers to cultural heritage in the broadest terms and includes the intangible values of country and heritage. Such areas include:
· cultural (Bugarrigarra) areas (sites, tracks, areas), which may have cultural access restrictions, including suitable buffers
· registered sites
· rayi sites (birth and origins; where child spirits arise from the country)
· burial sites
· seasonal hunting, fishing and harvest areas for specific species
· traditional camping areas
· water sites
· historical sites
· archaeological sites.
As part of responsibility for country, access to certain culturally sensitive areas must be restricted to persons who have special cultural authority. The need for special access restrictions to certain parts of the Conservation Estate is recognised in the ILUA and the JMA, and provisions have been incorporated into this Plan accordingly.
|
Summary of Management Arrangements for Responsibility for Country
|
||||
|
Management objective |
To facilitate and maintain the opportunity for Yawuru to carry out their roles and responsibilities as protectors and managers of their country and culture. |
|||
|
|
|
Priority |
Lead Agency |
YCMP Reference |
|
Management strategies |
1. Ensure Yawuru has access to country for management purposes. 2. Continue to develop the Yawuru Ranger Program and investigate the authorisation of officers for enforcement activities such as vehicle usage in prohibited areas and camping. 3. Develop operational protocols and similar to enable the appropriate management of activities. 4. Investigate opportunities to increase the number of Yawuru RNTBC members involved in management of the Park (including, for example, exploring opportunities for traditional owners as cultural rangers). |
Ongoing H
H
M
|
PaW PaW
Shire
Yawuru
|
3.1
3.5
3.1 |
|
Performance Measure |
1. Access to country maintained. 2. Yawuru Ranger program expands. 3. Operational protocols developed. |
|
|
|
|
Target |
Yawuru continues to have access to country for management purposes. |
|
|
|
|
Reporting Requirements |
Annually |
|
PaW |
|
4.2 Physical values
4.2.1 Geomorphology
The Park comprise striking and richly diverse coastal and geomorphologic features. The Kimberley coast has an ancient geology and distinctive irregular topography of rugged red cliffs falling away to white and pink sandy beaches (Eliot and Eliot, 2008). The Dampier Peninsula lies in the northern part of the Canning Basin and is part of a sedimentary coast. The oldest outcropping rock in the area is the Broome Sandstone, a formation deposited approximately 145 million years ago (Semeniuk, 2008). Red sand plains cover much of the Broome Sandstone (Pepping et al. 1999) and were deposited through sheetwash during seasonal flood episodes and by wind (Vogwill, 2003). The Fitzroy Trough and Pindanland are the two sub-regions that make up Dampierland (McKenzie et al., 2002) with Broome lying on the coast of Pindanland. This sub region is mainly formed from sandstone which supports pindan vegetation on the plains and hummock grasslands on the hills (McKenzie et al., 2002). The following description of some of the key geomorphology features of relevance to this Plan has been largely drawn from the work of Graham (2001) and Semeniuk (2008) unless otherwise indicated.
Sand Dominated Beaches and Dunes (Niyamarri)
In contrast to the adjacent tidal creeks and embayments, the shelly sand beaches and high dunes along Cable Beach have been created under contemporary high energy deposits. Seasonal reworking of sediment and landform change is a natural occurrence in this highly dynamic coastal environment. The sparsely vegetated beach sand dunes are susceptible to erosion, and high vehicle or pedestrian access across these landforms exacerbates the issue.
Cliffs of Broome Sandstone and Semi-hardened Red Sand
Red cliffs of pindan sand over Broome Sandstone occur along the shores of Reddell Beach and Simpson Beach. The weakly consolidated pindan soil is very prone to erosion once it is wet. Erosion of the cliffs by wave activity is a natural process. Similarly, natural erosion of pindan from the land surface occurs following heavy rain during the wet season. These natural processes are; however, exacerbated by increased water run-off from roads and sealed surfaces providing access in this area. Deep gully erosion is problematic at several sites along the coast, especially around access points to Reddell Beach and Simpson Beach.
Fossils
The Broome Sandstone contains numerous fossils, including those of extinct plants and the greatest variety of dinosaur footprints on any area in the world (DSEWPC, 2011a; Kenneally et al, 1996). The most well-known location for dinosaur footprints within the Park is the low-tide area at Gantheaume Point (Minyirr). The fossils of the Dampier coast are one of the features contributing to the west Kimberley being recognised for its outstanding heritage value to the nation through its inclusion on the National Heritage List (DSEWPC, 2011a, DotE, 2015a). Fossils and subfossils of marine invertebrates were used to assist with characterising the coastal Holocene formations of the area (Semeniuk, 2008).
Existing and potential pressures on geomorphology values
The main pressures on the geomorphological values described above are either from activities or developments that cause direct physical damage to landforms or disturb the sedimentary and hydrological processes that maintain them. These include:
· access and physical disturbance by vehicles and pedestrians
· channelled runoff from roads and drainage culverts forming deep erosion gullies, leaving cliffs susceptible to collapse
· loss of vegetation, erosion, soil compaction and localised changes to water drainage as a result of camels and horses
· mineral exploration and mining activities, along with those associated with petroleum exploration
· urban development and associated infrastructure in coast areas, including dredging, dredge spoil and urban drainage networks.
The extraction of sand, gravel and other raw materials, along with continued development within the coastal sector has the potential to affect geomorphic features and processes within the Park. Planning and development proposals within the Park must be assessed for potential effects on the geomorphological values of the Conservation Estate. Activities and developments with the potential to indirectly affect geomorphology (e.g. changes to drainage networks, and modifications to coastal sediment transport processes) need to be considered in addition to those that would cause direct physical disturbance.
|
Summary of Management Arrangements for Geomorphology
|
||||
|
Management objective |
The geomorphology and geomorphic processes that the maintain the cultural and ecological values of the Park are not adversely altered by human activity. |
|||
|
|
|
Priority |
Lead Agency |
YCMP Reference |
|
Management strategies |
1. Ensure that potential adverse effects on geomorphic features and processes from development and management activities are taken into account and mitigated. 2. Implement strategies to address adverse or potential effects on geomorphology from inappropriate vehicle and pedestrian access as required. 3. Undertake research activities to characterise the geomorphic features and processes and their associated ecological function. 4. Ensure appropriate coastal setback distances are used when developing recreation and other infrastructure within the Park. |
Ongoing
L
L
Ongoing |
PaW
Shire
PaW
Shire |
3.2
3.2
3.4
3.5 |
|
Performance Measures |
1. Assessment of current levels of impact to geomorphic features and processes. 2. Potential adverse effects on geomorphic features and processes are mitigated. |
|
|
|
|
Targets |
1. Impact assessment activities completed. 2. Integrity of geomorphic features and processes are maintained. 3. Consideration of geomorphic features and processes occurs early in the planning phase of management activities. |
|
|
|
|
Reporting Requirements |
Every two years |
|
PaW |
|
4.2.2 Hydrology and Drainage
Water Resources
High water quality and the protection of natural water flows are essential in maintaining healthy ecological systems within the Park. Water flows within the Park and the Yawuru Conservation Estate as a whole are strongly influenced by tropical cyclones and monsoonal troughs around the Man-gala (wet) season. The cyclone season generally lasts from November to April and while these events can damage the ecology of the Park, the intense rain periods are important to the Kimberley ecosystems, replenishing water reserves in springs and the Broome sandstone aquifer (Water and Rivers Commission, 2001), as well as influencing oceanic tides, waves and currents.
Surface water flow to the coast is seasonal and reflective of heavy rainfall over Man-gala. Due to the largely flat landscape surrounding Broome, surface water generally flows in sheets rather than in well-defined channels. Some low lying areas in the Yawuru Minyirr Buru Conservation Park, such as Minyirr Park between Gantheaume Point Road and the dune system, retain water for some time, pooling on the surface in the wetter months. Some small temporary streams become active over Man-gala, for example seasonal streams will flow into the Dampier Creek and into drainage channels on Roebuck Plains (Matthews, et al. 2011 and Oldmeadow, 2007). The occurrence of water in the springs, soaks and other bilarra (wetlands) of the Yawuru Conservation Estate vary throughout the year, reflecting the seasonal changes in surface and subsurface water levels and flows.
“Water is the life for us all. It is the main part. If we are gonna lose that water.... everything will die. That’s the power of water. He connect with the land. Bugarrigarra put im all together. One life.”
(John ‘Dudu’ Nangkiriny, pg. 188, YRNTBC, 2011)
KARIJARRI MAN
“There is water right back to the Pindan country – all our jila (permanent waterholes), from reef back to birra (inland) have got stories. The underground streams feed the jila”
(Jimmy Edgar, pg. 73, YRNTBC, 2011)
The Broome Sandstone Aquifer is the primary water supply for the Broome town site and for horticultural, pastoral and other land use in the Broome surrounds (Water and Rivers Commission, 2001). Groundwater flows generally to the south and the west due to the south-westerly dip of the Broome Sandstone (Vogwill, 2003). Near the coast and extending several kilometres inland, a wedge of salt water lies beneath the freshwater in the Broome Sandstone (Laws, 1991). Freshwater also occurs in the coastal limestone, coastal dunes and the Pleistocene red sand dunes. Depending on the local conditions such as the presence of tidal mud flat and variations in the topography of the sandstone, this water may be contiguous or separate from the Broome Sandstone groundwater (Semeniuk Research Group, 2011). A small local aquifer within the coastal dunes to the north of Broome has also been identified as providing a considerable source of recharge to the Broome Sandstone (Laws, 1991).
Maintaining high water quality while supporting the natural fluxes in water quantity and flow is of critical importance in protecting the key values of the Park. The interconnection of groundwater with landforms along the coast produces a unique array of important freshwater seepages and wetlands (Matthews et al., 2011, Semeniuk Research Group, 2011). Many species inhabiting these areas have restricted distributions, occurring only in areas of surface or near surface freshwater. Freshwater also discharges to the low tidal and rocky shore zones in some areas, commonly creating brackish water microhabitats which support species such as the mangrove Avicennia marina (Matthews et al., 2011).
The major management concerns for the hydrology values of the Yawuru Conservation Estate are the abstraction of groundwater and pollution. Water removal needs to be managed in a way which does not significantly affect the amount of water available for flora and fauna, cause saltwater intrusion into naturally low saline areas or change natural drainage and flow patterns (Matthews et al., 2011). Unsustainable abstraction also has the potential to cause long term changes in the direction of groundwater flow, affecting species and ecosystems which rely on groundwater, particularly the mangroves and habitats in the intertidal zone (Vogwill, 2003).
There is limited knowledge about the parameters of acceptable change in water regimes. The jila, other bilarra and many ecological values associated with these are totally or significantly groundwater dependent, for example, the unique fringing linear Melaleuca thickets are found where the fresh water at the edge of the pindan terrain intersects with the muddy upper shore tidal flat zone, causing interaction of hinterland groundwater and tidal flat carbonate mud (Semeniuk Research Group, 2011). There is a need to improve and better quantify understanding of the water requirements and regimes that are needed to sustain groundwater dependent ecosystems and species. This knowledge will provide information needed for management, and assist in making sure that water abstraction is within ecologically sustainable parameters.
At present, a strategic water monitoring program has not been implemented within the Park. If implemented, such a program would aid in determining whether activities are or have the potential to significantly affect local hydrology and habitats within the Yawuru Conservation Estate.
Drainage
The town of Broome lies within an important wetland network with sensitive natural drainage systems (Semeniuk Research Group, 2011). Increased urban development has resulted in an increase in stormwater runoff from built up areas. Effective drainage is necessary to protect buildings from damage and facilitate access around the town site after heavy rainfall. The largely vegetated areas of the Park provide an important drainage sink for high rainfall events, however this has potential to impact on cultural and ecological values if not managed properly.
In Broome
there are currently a number of drainage outlets along the Peninsula (Figure
3). Broome’s location on a peninsula surrounded on three
sides
by receiving water bodies means that there will always be a need for stormwater
drainage to flow through portions of the Park. It will be necessary to manage
this drainage in accordance with best practice principles, to reduce potential
negative impacts on the Park.
When drainage design neglects to consider aspects of natural water flow and the environmental characteristics of the area, the possibility of negative impact to surrounding values is increased. Further research into the natural water flows in Broome and surrounds as well as investigation into best practice surface water drainage designs is fundamental in protecting the values of the Yawuru Conservation Estate and the town of Broome. The Shire is currently preparing a District Stormwater Management Strategy which will consider stormwater runoff patterns and investigate ways to improve the existing drainage network to reduce negative environmental impacts.
Figure 3: Drainage
Potential Pressures on Hydrology and Drainage Values
Potential pressures include:
· over abstraction of groundwater
· knowledge gaps of the ecological water requirements of groundwater dependent species and communities
· pollution and/or contamination of surface, groundwater, embayments and wetland
· any activity or development that has the potential to significantly change the natural water regimes
· high and/or extended water inundation
· deposition of large amounts of sediment into the reserves
· erosion
· weed infestation
· direct and indirect effects on fauna and flora communities
· rubbish build up from storm water flows into the Yawuru Minyirr Buru Conservation Park.
To ensure that the values of the Park are not affected by abstraction of groundwater, water removal needs to be at a level that does not:
· significantly change the amount or quality of water available for flora and fauna, particularly for species that are fully or highly groundwater-dependent
· cause saltwater intrusion into naturally less saline areas
· change natural drainage flows and patterns.
At present, there is no need for abstracting groundwater from the Park for management purposes, and it is expected that this will continue to be the case over the life of this Plan. Many of the Park’s values are groundwater-dependent and may therefore be vulnerable to changes in regional groundwater, a resource which is subject to increasing and competing demands. Over-abstraction of groundwater from the Broome Groundwater Area is the likely cause of an increase in groundwater salinity along the coast, and at depths of about 100 m below ground further inland (Searle, 2012). The Department of Water has initiated several measures to address this situation, including reduced levels of abstraction from some production bores within the town water supply reserve, bore field redesign, research and monitoring program amendments, and a review of the existing Broome Groundwater Management Plan (DoW 2010a; Searle, 2012).
There is a need to increase understanding of the water requirements and regimes that are needed to sustain groundwater-dependent ecosystems and species and to maintain bilarra in a healthy condition. Regional water resource management plans include several strategies aimed at addressing this situation (DoW 2010a, 2010b, 2012).
In the absence of appropriate risk avoidance and mitigation measures, certain activities on adjacent lands and waters and/or within the Park have the potential to adversely affect water quality in the Conservation Estate. Prevention of water pollution is an issue that requires collaborative and cross tenure management approaches and several government agencies have responsibilities in this area.
|
Summary of Management Arrangements for Hydrology
|
||||
|
Management objectives |
1. Increase knowledge of the ecological water requirements of groundwater dependent species and ecosystems within the Park. 2. Work with agencies that have water resource protection and management roles and responsibilities to maintain the water regimes that sustain key cultural and ecological values of the Park. 3. Ensure that stormwater runoff from urban development does not significantly impact the Park. |
|||
|
|
|
Priority |
Lead Agency |
YCMP Reference |
|
Management strategies |
1. Implement or support a water monitoring program in conjunction with the relevant water resource management agencies that improves understanding of baseline water regime conditions (i.e. quality, quantity and flow patterns) and helps to identify limits of acceptable change and ecological water requirements for groundwater dependent ecosystems/species, including further research into hydrogeology of specific areas. 2. Identify, implement or assist management interventions as needed in response to matters of concern identified through the water monitoring program. 3. Groundwater abstraction from the Park requires consent of the YPC. 4. Ensure that management operations within the Park do not negatively affect natural water regimes. 5. Identify drainage needs and assess potential impacts within the Park. 6. If required, develop and implement strategies to address drainage needs and impacts within the Park. 7. Implement a monitoring program (e.g. of vegetation, erosion, rubbish, sediment deposits etc.) which improves understanding of the impacts associated with changes to drainage practices and infrastructure on important ecological and cultural values of the Park. |
L
L
L Ongoing
H L
M
|
PaW
PaW
YPC PaW
PaW PaW
PaW |
3.4
3.5
1.5 1.5
3.5 3.7
3.4 |
|
Performance Measures |
1. Maintaining availability of water quality monitoring data. 2. Water quality and quantity measures (e.g. nutrients, toxicants, pathogens, water levels, as per ANZECC guidelines). 3. Level of understanding of the ecological water requirements of groundwater dependent species. 4. Identification of drainage needs. 5. Development and implementation of strategies if required. 6. Monitoring program outcomes. |
|
|
|
|
Targets |
1. If required, a strategic water monitoring program is implemented, and baseline water monitoring data for selected high risk and/or high value sites. 2. Water quality and quantity parameters do not exceed defined limits of acceptable change as a result of management or other activities. 3. The ecological water requirements of groundwater dependent species and ecosystems are maintained. 4. Avoid impacts within the Park due to inappropriate drainage. |
|
|
|
|
Reporting Requirements |
Every two years |
|
PaW |
|
4.3 Ecological Values
Vegetation types in Broome are reasonably diverse as a reflection of the geology, variety of soil types and topography of the area. Vegetation studies have found a minimum of 117 native plant species from 50 families of flowering plants in the Broome area (WADPUD, 1990; and Department of Parks and Wildlife, 2015a). These species form the basis of the fauna species in a particular location, and thus the ecological communities present. Turpin and Bamford (2010) identified 385 fauna species potentially occurring in the Broome region, this comprised 11 frogs, 82 reptiles, 255 birds and 37 mammal species. A dominant vegetation type of the Park is that of the red sandplains; acacia shrubland over grassland with a sparse upper layer of eucalypts. This vegetation and the red soils on which it occurs are both commonly referred to as ‘pindan’. Other vegetation types occurring in the Park include melaleuca thickets, samphire flats, saline grasslands, mangrove communities, Acacia bivenosa dominated communities on coastal limestone outcrops, and wetland vegetation communities in seasonal freshwater swamps and claypans. This diversity of habitats, and particularly the inclusion of a range of coastal elements, provides important biodiversity conservation values.
4.3.1 Flora, Fauna and Ecological Communities (KPI)
Threatened and priority
flora
No threatened flora species have been recorded in the Park. The Fringed Keraudrenia (Keraudrenia exastia) (Figure 4) which is specially protected under the Wildlife Conservation Act 1950 (WA) and listed as critically endangered under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) (EPBC Act) has been recorded in the Broome town site nearby.
Four priority listed flora species have been recorded within the Park, namely:
· Pindan Glycine (Glycine pindanica – P3), which may be locally common but is endemic to the western side of the Dampier Peninsula
· Cable Beach Ghost Gum (Corymbia paractia – P1), which is endemic to Broome, often occurring in the transition between coastal beach dunes and pindan sand (Kenneally et al., 1996)
· Lophostemon grandiflorus subsp. grandiflorus (P3), which occupies damp habitats around swamps and seepages (Department of Parks and Wildlife, 2015a)
· Pterocaulon intermedium (P3), known from northern Australia (Atlas of Living Australia, 2015).
These species do not meet the criteria for listing as threatened, but which are of special conservation interest due to a lack of information to determine if they are common or threatened.
Fauna
There are many fauna species within Broome and the Park that have important ecological, cultural and social values. The high diversity of vegetation within the Broome town site provides a range of habitats that support a wide variety of local and migratory fauna species. The faunal assemblages of the Dampier Peninsula show components of both the arid zone to the south and the tropical Kimberley to the north-east, reflecting the transitional climate in the area (Turpin & Bamford, 2010). The diversity of habitats near the coast is an important factor contributing to the rich bird fauna that is found in the area (Johnstone 1983). Many habitats which are quite restricted in area, such as mangroves, melaleuca thickets and other wetland habitats, are particularly important for conservation of bird diversity (Johnstone 1983; Waples 2007). As a result of this transitional zone most of the fauna species expected to occur within the Broome town site are widespread; however, some are restricted to only the Dampier Peninsula.
Most species of reptiles and amphibians recorded on the Dampier Peninsula are widespread and extend from the Kimberley south to at least the Pilbara (Storr & Johnstone 1983). Storr and Johnstone (1983) identified more than a quarter of recorded species as being northern species occurring at or near their southern limit, and eight arid zone species close to their northern limit. Important invertebrate species within Broome include crabs, other crustaceans, molluscs, echinoderms (e.g.: starfish), marine worms and other burrowing organisms. Other invertebrate species that have been classified as short-range endemics tend to have common life history characteristics such as poor powers of dispersal or confinement to discontinuous habitats. Research into short-range endemic species within the Broome area would be beneficial for the management of this fauna group.
Many of the potential impacts of human interaction and proposed developments upon fauna can be related to ecological processes and these threats are often similar for many species. Potential impacts to fauna species within the Park includes:
· increased mortality (e.g. from land clearing and expansion of road network or road kill),
· loss of habitat affecting population survival,
· loss of connected habitat affecting population movements and gene flow,
· species interaction such as predators, competitors and feral animals including cane toads,
· fire, particularly uncontrolled fires, and
· light and noise disturbance.
The Yawuru native title determination recognised the Yawuru people’s rights and interests as including the right to hunt and gather for personal, domestic or non-commercial communal purposes (including social, cultural, religious, spiritual and ceremonial purposes). Amendments to the CALM Act, the Wildlife Conservation Act (WA) and associated regulations include provisions for Aboriginal people to take flora and fauna for Aboriginal customary purposes. These provide the broad context for management of Yawuru hunting and gathering activities in the Park.
Threatened and Other Significant Fauna
A number of fauna species occurring or possibly occurring in the Park are specially protected under the Wildlife Conservation Act 1950 (WA) and/or the EPBC Act because they are rare or likely to become extinct:
· Two species of mammal; the wintarru or Golden Bandicoot (Isoodon auratus auratus) and the Bilby or dalgyte (Macrotis lagotis).
· Three species of reptile; the Airlie Island Ctenotus (skink) (Ctenotus angusticeps), the Flatback Turtle (Natator depressus) and the gurlibil or Green Turtle (Chelonia mydas).
· Ten species of bird; the Australian Painted Snipe (Rostratula benghalensis australis), Grey Falcon (Falco hypoleucos), Hutton’s Shearwater (Puffinus huttoni), Curlew Sandpiper (Calidris ferruginea), Great Knot (Calidris tenuirostris), Greater Sand Plover (Charadrius leschenaultii leschenaultii), Lesser Sand Plover (Charadrius mongolus), Bar-tailed Godwit (Limosa lapponica menzbieri), Eastern Curlew (Numenius madagascariensis) and Red Knot (Calidris canutus rogersi). The latter seven are the subject of international migratory bird agreements.
Other species of the Park that are specially protected under the Wildlife Conservation Act 1950 (WA) include the Estuarine Crocodile (Crocodylus porosus) and numerous migratory bird species which, in addition to those mentioned above, are the subject of international agreements such as the Japan–Australia Migratory Birds Agreement, the China–Australia Migratory Birds Agreement and the Republic of Korea – Australia Migratory Birds Agreement.
Although five species of marine turtle are known to frequent the waters around Broome, only the Flatback Turtle is known to regularly nest on beaches at southern Roebuck Bay near Cape Villaret and on Cable Beach. The peak nesting period is from November to December and the peak hatching period is from February to March. Annual flatback turtle monitoring programs run by Conservation Volunteers Australia include the beach at the southern end of Roebuck Bay and parts of Cable Beach within the Park. Flatback turtles nest every one to five years so monitoring needs to occur over several years to determine population trends. Green turtles occasionally nest on the beaches in the area, but monitoring to date indicates this is rare (Conservation Volunteers Australia recorded one green turtle nest on Cable Beach during the 2006/07 monitoring period).
The Australian Painted Snipe generally inhabits shallow fresh or brackish water wetlands including temporary and permanent lakes, swamps and claypans (DSEWPC 2012b). Threats to the Australian Painted Snipe are loss and degradation of wetland habitats through grazing and trampling by stock, and weed invasion (DSEWPC 2012b).
The critical habitat for migratory shorebirds visiting the Broome area is focused on the Roebuck Bay intertidal areas within the Park, with roosts in the Yawuru Birragun Conservation Park also important. The saltpans and saltmarsh of Roebuck Plains become particularly important during spring high tides, when the intertidal roost areas contract and shorebirds are forced to find alternatives further inland.
Broome is at the southern extent of the distribution of estuarine crocodiles in Western Australia (Australian Museum 2010), although confirmed sightings are now regularly recorded from the Pilbara further south. Estuarine crocodiles occur in the mangroves and tidal creeks of the Yawuru Conservation Estate in very small numbers.
Parks and Wildlife maintains lists of fauna species that do not meet the criteria for listing as threatened but are nevertheless of special conservation interest. At the time of writing, there were no Priority 1 fauna species and two Priority 2 fauna species recorded in the Yawuru Conservation Estate; the Dampierland Plain Slider (Lerista separanda) and the Dampierland Burrowing Snake (Simoselaps minimus), which is endemic to Western Australia (Storr, Smith & Johnstone 2002), along with several Priority 3 and 4 species.
Threatened and Priority Ecological Communities
Two threatened ecological communities occur within the Park, namely:
· The ‘monsoon vine thickets on coastal sand dunes of the Dampier Peninsula’, which is listed under the Wildlife Conservation Act 1950 (WA) and the EPBC Act.
· The ‘Roebuck Bay mudflats’, described a species-rich faunal community of the intertidal mudflats of Roebuck Bay. According to the Roebuck Bay Working Group Inc. (undated), surveys carried out by international scientists and others during 1997, 2000, and 2002 identified 30,000 animals from at least 265 species; surveys during 2006 identified a further 26 taxa not previously encountered (Piersma et al, 2006).
Three priority 1 ecological communities within the Park are also listed:
1. The relict dune system dominated by extensive areas of mangarr (Sersalisia sericea) occurs on relict dune systems in the Broome Port extension areas and has the potential to also occur within the Park, north west of the intersection between Kavite Road and Port Drive. The mangarr community is believed to be a restricted plant community with a connection to the vine thickets (Beams, Docherty and Dureau 2011). The community appears to be unique within the Broome Peninsula and occurs on the crests and flanks of the relict red desert and sand dune systems that generally run in an east-west direction. The aged dune system on which the mangarr communities are found are geographically and potentially geologically distinct from the existing coastal dune systems. The significance of the plant community is due to the frequent incidences of mature (estimated at 100 years +) mangarr trees. The mangarr is also an important and renowned local bush food species for the Yawuru people and does not occur in such frequency and longevity in other locations (Beams, Docherty & Dureau 2011).
2. The dwarf pindan heath community of Broome coast occurs between the racecourse and Gantheaume Point lighthouse. There has not been sufficient surveying outside the Broome town site area to determine the full extent of this community (Department of Parks and Wildlife 2015b).
3. Corymbia paractia dominated community on dunes occurs behind dunes within the Broome township area in a transition zone where coastal dunes (with vine thickets) merge with pindan (desert) vegetation and in the port area to the north (Department of Parks and Wildlife 2015b).
Ecological Communities
Six ecological communities are recorded within the Park, with key features summarised in Table 2, with detailed descriptions included in the Yawuru Cultural Management Plan.
Table 2: Ecological Communities
|
Name
|
Description |
Pressures |
Photograph |
|
Niyamarri (beaches and sand dune communities) (KPI) |
Niyamarri is characterised by the exposed Holocene age white sand dunes running parallel to the coast along Cable Beach and northward. Older pink, Pleistocene dunes fringe Reddell Beach, Simpson Beach and eastward along Roebuck Bay (YRNTBC, 2011). The inland side of the sand dunes are often characterised by dense shrub thickets of Acacia and patches of wild grass and Spinifex. The more subdued sand dune systems in the area then often merge into sand plain surfaces with pindan via pockets of vine thicket (McKenzie, 1983). The larger dunes, such as those running along the coast within Minyirr Park provide conditions suitable for the persistence of larger vine thicket patches. |
· erosion · weeds · inappropriate access and recreation
|
|
|
Bundurr-bundurr (Pindan) |
Pindan vegetation comprises grassy woodland vegetation dominated by Eucalyptus and Acacia on the red sand plains surrounding Broome and the Dampier Peninsula (YRNTBC, 2011). The pindan communities in the Yawuru Conservation Estate are generally low open Acacia dominated woodlands, while further north on the Peninsula, there is a trend towards open eucalypt dominated forests reflecting differences in rainfall, soils and fire patterns (McKenzie, 1983). |
· fire · clearing · weeds · altered drainage |
|
|
Mayingan manja balu (Vine thickets) |
The vine thickets comprise some of the oldest and most important trees in the Broome area including the Banyan fig (Ficus virens) and Wild Apple (Syzygium eucalyptoides subsp. bleeseri), as well as the dominant Ebony Wood (Diospyros humilis), Bullet wood (Mimusops elengi), Ai Salo (Celtis philippensis) and the less dominant mangarr (Sersalisia sericea) (Kenneally et al., 1996 and Black et al., 2010). The semi-deciduous Currant bush (Grewia Breviflora) is an important smaller tree of the thickets. Throughout the thickets are many vine species such as jinyjalguriny Crab’s Eye bean (Abrus precatorius), Harpoon Bud (Gymnanthera oblonga), Jacquemontia paniculata, Passiflora foetida (the noxious wild passionfruit weed), Snake vine (Tinospora smilacina), and Oyster-catcher Bill (Tylophora cinerascens) (Kenneally et al., 1996). |
· weeds · fire · clearing · inappropriate access and recreation · altered drainage · introduced fauna · pollution |
|
|
Gundurung (Mangroves) |
Gundurung White Mangrove (Avicennia marina) grows in a wide range of salinities and intertidal topographic positions, including in the mangal community around Burrgungun (Semeniuk, 1983). At the seaward and creek margins it commonly occurs in conjunction with biyal-biyal Kapok mangrove (Camptostemon schultzii). Gundurung and biyal-biyal also occur in the central zone of the mangal, mainly mixed with Spotted-leaved Red mangrove (Rhizophora stylosa) (Semeniuk, 1983). Other mangrove species recorded in the area include Club mangrove (Aegialitis annulata), garl-garl Milky mangrove (Excoecaria agallocha), White-flowered Black mangrove (Lumnitzera racemosa), River mangrove (Aegiceras corniculatum), Myrtle mangrove (Osbornia octodonta) and Ribbed mangrove (Bruguiera exaristata), although the latter species is uncommon (Semeniuk, 1983). |
· changes to water and sediment quality · altered drainage and hydrology · altered sedimentation · development · clearing |
|
|
Bundu (Saltmarsh and saline grassland) |
The bundu or salt marsh tidal flats of the Yawuru Conservation Estate are generally located behind the mangroves above the high water mark. They are dominated by Marine Couch (Sporobolus virginicus) which is a hardy perennial grass with creeping rhizomes (Trudgen 2002), wirn-gi samphire (Tecticornia spp.) and other low shrubs such as Speedy Weed (Flaveria australasica) and the mat-forming Frog Fruit (Phyla nodiflora) growing on the landward margins (Kenneally et al, 1996). The large expansive pastures of grasslands are found on Roebuck Plains; however, there are smaller bundu just inland of Dampier Creek and around Burrgungun (Morgan’s camp) (YRNTBC, 2011). |
· erosion · weeds · development · altered hydrology and drainage |
|
|
Murrga-yirr-garnburr (Melaleuca thickets) |
There are small patches of Melaleuca around Bilingurr and Dampier Creek. The width and density of the paperbark communities can vary from a closed-canopy thicket to a discontinuous line of a few trees (more common within the Park). The paperbarks can reach 4 – 10 metres tall and climbers such as Mangrove Vine (Cynanchum carnosum), Harpoon Bud (Gymnanthera oblonga) and the semi-parasitic Devil’s Twine (Cassytha filiformis) can be seen in the canopy (Kenneally et al., 1996). |
· fire · introduced fauna · weeds · altered hydrology and drainage |
|
Existing and Potential Pressures on Flora, Fauna and Ecological Community Values
The main existing or potential pressures on flora and fauna values of the Park are:
· habitat disturbance, degradation or loss
· weeds
· inappropriate fire regimes
· introduced fauna species that predate on or compete with native species
· recreational pressures on habitats used by specially protected species vulnerable to disturbance (e.g. migratory shorebird roosting areas)
· alterations to hydrological regimes
· pollution, including declines in water quality.
While influential in isolation, the combined effects of multiple, interacting threatening processes can leave native flora and fauna particularly vulnerable to environmental stressors. Preventing or reducing pressures is a vital facet of management needed to improve and promote the natural resilience and resistance of species and ecosystems.
|
Summary of Management Arrangements for Flora, Fauna and Ecological Communities
|
||||
|
Management objectives |
1. To conserve the flora, fauna and ecological communities of the Park. 2. To increase understanding of the flora, fauna, and ecological community values of the Park and of the factors presenting a threat to those values. |
|||
|
|
|
Priority |
Lead Agency |
YCMP Reference |
|
Management strategies |
1. Carry out research and monitoring to establish the baseline condition of the ecological communities within the Park and assist with identifying and managing significant threats. 2. If required, implement strategies to minimise the effects of threatening processes on native flora, fauna and ecological communities. 3. Determine the need for access restrictions as necessary to protect flora, fauna and ecological communities, and implement as required. 4. Implement research, monitoring and recovery actions for threatened and priority species and communities. |
H
L
L
H |
PaW
PaW
PaW
PaW |
3.4
1.5
1.5, 3.4
3.4 |
|
Performance Measures |
1. Survey outcomes. 2. Implementation of management strategies. 3. Outcomes of research programs. |
|
|
|
|
Targets |
1. Implement key protection strategies. 2. Baseline flora, fauna, and ecological community research. |
|
|
|
|
Reporting Requirements |
Every two years |
|
PaW |
|
Introduced Flora Management
Environmental weeds are those plants that establish in natural ecosystems (marine, aquatic or terrestrial) and modify natural process, usually adversely and often resulting in the decline of the native communities they have invaded (Department of Conservation and Land Management, 1999). Weeds can originate from intra-state, inter-state and overseas and are declared under the Biosecurity and Agriculture Management Act 2007 (WA). Many weeds, particularly grass species and vines grow quickly and have abundant seeds that spread widely. Weeds compete with native plants for space, nutrients, water and sunlight and may also hinder native plant regeneration and local nutrient recycling.
The invasion of weeds is a major threat to the ecological, cultural and socio-economic values of the Yawuru Minyirr Buru Conservation Park and the Yawuru Conservation Estate. It is fundamental that management strategies address the degradation processes caused by weed species. There are a number of factors that have contributed to the presence of weeds in the Yawuru Conservation Estate, including:
· land clearing, such as that for developments,
· soil disturbance from vehicles, e.g. in Minyirr Park area along Cable Beach,
· construction of paths, fire access tracks and other facilities,
· conventional fire regimes,
· dumping of garden refuse, such as the refuse found in the sand dunes area behind Simpson Beach,
· invasive species planted in Broome town road verges and gardens (Neem trees have historically been popular in Broome gardens and have become a significant pest within the Park and the Yawuru Birragun Conservation Park,
· transportation of seeds by birds, and
· grasses planted for amenity purposes in the Broome town site which can spread, invading bushland areas within the Park.
Key weed species within the Park are highlighted in Table 3, Figure 5. Both Bellyache Bush (Jatropha gossypiifolia) and Mint Weed (Hyptis suaveolens) are declared weeds under the Biosecurity and Agriculture Management Act 2007(WA) (Department of Agriculture and Food WA, 2015) and Lantana (Lantana camara) is a declared weed (Department of Agriculture and Food WA, 2015) as well as being a Weed of National Significance (WoNS) (Department of the Environment, 2015b). Creepers such as the Passion Vine (Passiflora foetida var. hispida) and Siratro (Macroptilium atropurpureum) are prolific through the bush landscape and monsoonal vine thickets, threatening native vegetation communities. Neem Trees (Azadirachta indica), Bellyache Bush and Mint Weed are also fast spreading around the Broome town site and are particularly numerous around newly cleared areas and road verges.
Table 3: Key Weed Species in the Yawuru Minyirr Buru Conservation Park
|
Common Name
|
Scientific Name |
Common Name |
Scientific Name |
|
Bellyache Bush |
Jatropha gossypifolia |
Khaki Weed |
Alternanthera pungens |
|
Bristly Foxtail |
Setaria verticillata |
Lantana |
Lantana camara |
|
Buffel Grass |
Cenchrus ciliaris |
Mint Weed |
Hyptis suaveolens |
|
Butterfly Pea |
Clitoria ternatea |
Morning Glory |
Ipomoea sp. |
|
Caltrop |
Tribulus terrestris |
Neem Tree |
Azadirachta indica |
|
Chinese Date |
Ziziphus mauritiana |
Passion vine |
Passiflora foetida var. hispida |
|
Coffee Bush |
Leucaena leucocephala |
Red Tassel Flower |
Emilia sonchifolia |
|
Flannel Weed |
Sida cordifolia |
Siratro |
Macroptilium atropurpureum |
|
Gallons Curse |
Cenchrus biflorus |
Tridax Daisy |
Tridax procumbens |
|
Grass sp. |
Chloris barbata |
White Convolvulus Creeper |
|
|
Horehound |
Hyptis suaveolens |
Yellow Poinciana |
Peltophorum pterocarpum |
|
Kapok Bush |
Aerva javanica |
|
|
|
|
|
|
|
|
|
|
|
Bellyache Bush (Jatropha gossypiifolia) |
Wild Passionfruit (Passiflora foetida) |
Coffee Bush (Leucaena leucocephala) |
Khaki Weed (Alternanthera pungens) |
Neem (Azadirachta indica) |
Mint Bush (Hyptis suaveolens) |
|
|
|
|
|
|
|||
|
Caltrop (Tribulus terrestris) |
Siratro (Macroptilium atropurpureum) |
Gallon’s Curse (Cenchrus biflorus) |
Buffel Grass (Cenchrus ciliaris) |
|||
Figure 5: Examples of key weed species (Photographs: Shire of Broome, 2016)
Currently the Shire’s Parks section manages weeds on Shire owned or managed land and weed management has been supported by a range of groups including Yawuru, the Shire, Ministry of Justice, Environs Kimberley, PaW, Broome Bird Observatory, Coastwest (previously Coastcare), Broome Botanical Society, Conservation Volunteers Australia (CVA), the Society for Kimberley Indigenous Plants and Animals (SKIPA) and the Kimberley Training Institute.
|
Summary of Management Arrangements for Weeds
|
||||
|
Management objective |
Ensure the impact of environmental weeds on the Park is minimised. |
|||
|
|
|
Priority |
Lead Agency |
YCMP Reference |
|
Management strategies |
1. Assess current extent and impact of weeds in the Park. 2. Develop a Weed Management Plan to be informed, where relevant, by the Shire’s Weed Management Strategy. |
H H |
PaW PaW |
3.4 3.10 |
|
Performance Measures |
1. Weed mapping outcomes. 2. Development of Weed Management Plan. 3. Area and type of weed control completed. |
|
|
|
|
Targets |
1. No increase in the abundance, distribution or extent of priority environmental weeds from current levels. 2. No new populations of weed species established that are rated high in the Species-led Ranking Summary for the Kimberley Region. |
|
|
|
|
Reporting Requirements |
Every two years |
|
PaW |
|
Introduced Fauna Management (KPI)
Feral animals are non-native species that have the potential to cause a serious impact on the natural systems through direct effects such as predation, habitat destruction/degradation, competition for food and territory and introduction of disease. The main problem feral animals present in the Yawuru Conservation Estate, including, the Park, are cats and dogs. There is also the potential for the cane toad to colonise the area within the next ten years (Turpin and Bamford, 2009), causing detrimental effects to a number of native species and the values of the reserves. Cats are also common within the Park and hunt and kill native birds, mammals, reptiles and insects and are a significant threat to the survival of vulnerable and threatened species (DSEWPC, 2012b). Foxes may also be present.
Management of feral animals will be the responsibility of Yawuru and the Shire with the assistance of Parks and Wildlife, Department of Agriculture and Food, and the community. The managing agencies will need to determine the extent and impacts of the problem animals and where appropriate implement control options.
|
Summary of Management Arrangements for Introduced Fauna
|
||||
|
Management objective |
To minimise the impact of feral animals on the cultural, ecological and social values of the Park |
|||
|
|
|
Priority |
Lead Agency |
YCMP Reference |
|
Management strategies |
1. Assess current extent and impact of feral and pest animals in the Park. 2. Consider options for feral and pest animal control in the Park that are appropriate and supported by the local community. |
M L |
PaW PaW |
3.4 3.4 |
|
Performance Measures |
1. Assessment of outcomes. 2. Development and implementation of pest animal control options. 3. Development and availability of educational material. |
|
|
|
|
Targets |
Minimal impact from feral animals to native fauna and flora within the Park. |
|
|
|
|
Reporting Requirements |
Every two years |
|
PaW |
|
4.3.2 Fire Management
Fire was used by the Yawuru people and other indigenous groups for a variety of purposes including burning for vegetation regrowth (attracting kangaroos and wallabies), food gathering (judicious fire farming techniques increased supplies of important plant food), cooking, signalling, access and for cultural reasons (Kenneally et al, 1996, EPA, 2005, YRNBC, 2011). Traditional burning practices generally involved small fires, carefully lit in the appropriate season and in restricted areas. Care was taken to avoid burning in coastal vine thicket country like that found in Minyirr Park as these areas hold valuable food resources (Kenneally et al, 1996). Traditional burning promoted a patchwork mosaic of vegetation growth and also reduced the risk of lightning-ignited fires developing into intense bushfires. With the departure from traditional Aboriginal burning practices and they many irreversible modifications to the environment that have occurred since European colonisation, fire regimes have changed with large, high intensity, late dry season fires more common (YRNBC, 2011).
Contemporary fire regimes are believed to have led to impacts on biodiversity, including sensitive vegetation types and susceptible habits, as well as associated fauna. Structural simplification of vegetation communities, decline in small mammals (such as the Golden Bandicoot and water rat), granivorous bird species, weed infestation and the loss of fine grain habitat mosaics are a number of impacts associated with changed fire regimes in the Kimberley region (EPA, 2005).
Species and communities vary in their response to fire. While many species are resilient to a range of fire regimes, others may have very specific fire requirements (for example, flora that has relatively long germination periods and fauna that prefers medium to late successional stages of vegetation). Due to gaps in current knowledge, fire management for biodiversity conservation should focus on avoiding frequent, large, hot late dry season fires by creating and maintaining a spatial and temporal mosaic of functional habitats across the landscape. This will promote as much resilience as possible for ecosystems in the face of disturbance. As information from research and monitoring increases (e.g. on the vital attributes of species and their fire regime requirements), this knowledge will be incorporated into fire planning and operations.
While there is limited information currently available on fire regime requirements of species and communities within the Park, special consideration and further research should be given to number of key areas:
· fire regeneration cycles in pindan communities;
· effect of fire on mistletoe species; and
· response of threatened flora and fauna (such as Keraudrenia exastia and the Peregrine Falcon) to fire and fire management.
Within the Broome town site, the Shire and Department of Fire and Emergency Services (DFES) are responsible for bushfire prevention and control, and in establishing and running the bush fire brigades under the Bush Fires Act 1954. The Shire is also responsible for serving notices regarding fire breaks and fire prevention strategies. DFES is responsible for all unvested Crown Land within the town site. As the Park is now established and vested with Yawuru and the Shire, the joint managers become responsible for the land and strategic fire management and mitigation requirements. However, in accordance with the Assistance Agreement, Parks and Wildlife will undertake fire mitigation work on behalf of Yawuru and the Shire.
As fire poses a significant risk to the safety of fire fighters, visitors, neighbours and local communities as well as a range of community assets, identifying fire vulnerable community assets within the Park, and determining the risk, likelihood and consequences of bushfire impact on those assets, will help in the management and prioritisation of risk mitigation strategies for bushfires. It is noted that the potential risk of fire in the Park is greatest within areas of high vegetation density and in areas where there is an understory of weed species that dry in the summer, such as at Minyirr Park, Bilingurr (Hidden Valley area), the northern bush blocks situated on the northern town boundary that form part of the Park and the bush areas inland of Gantheaume Point Road. Key elements of bushfire risk mitigation include:
· managing fuel levels to reduce the consequence of unplanned fire events and facilitate more effective fire response capability,
· maintaining a strategic system of protective fire breaks,
· maintaining access for fire management, including tracks suitable for emergency vehicles,
· maintaining fire response/fire suppression capability, and
· maintaining effective communication with fire management bodies (DFES, the Shire, PaW) and the local community.
|
Summary of Management Arrangements for Fire Management
|
||||
|
Management objective |
1. To mitigate the risk of adverse impacts of bushfire on human life, property and community assets. 2. To promote the maintenance of habitat biodiversity and the persistence of ‘fire regime specific’ biota and habitats. |
|||
|
|
|
Priority |
Lead Agency |
YCMP Reference |
|
Management strategies |
1. Carry out fire risk assessments in accordance with State Planning Policy 3.7, the State Bushfire Prone Areas Map and the Bush Fires Act 1954 (WA) (Bush Fires Act). 2. Develop and implement a Bushfire Mitigation Strategy identifying strategies relating to fuel reduction burning, provision of access, establishment of strategic fire breaks and other relevant strategies in liaison with key stakeholders. 3. Maintain best available and up to date knowledge of fire management in accordance with the Bush Fires Act, Yawuru traditional knowledge and Shire policies and ensure the ecological and social values of the Park are included in response plans for fire management to assist in addressing any significant fire events. 4. Monitor and record the effects of fire on the most important and vulnerable values and assets, and on habitats or species which may require specific fire regimes (for example Monsoonal Vine Thickets, Keraudrenia species etc.). 5. Ensure that Yawuru Rangers are trained in fire management principles and practices. |
H
H
H
Ongoing
M |
PaW
PaW
PaW
PaW
PaW |
3.4
1.5
2.3
3.4
2.3 |
|
Performance Measures |
1. Completion of fire risk assessment. 2. Preparation of a Bushfire Mitigation Strategy. 3. Implementation of Bushfire Mitigation Strategy. 4. Outcomes of monitoring activities. 5. Training of Yawuru rangers. |
|
|
|
|
Targets |
Minimise impacts associated with fire in the Park. |
|
|
|
|
Reporting Requirements |
Annually |
|
PaW |
|
4.4 Social and Economic Values
4.4.1 History and Heritage
Broome and its surrounds, including the Yawuru Conservation Estate, are exceedingly rich with history and multilayered cultural heritage. Thousands of years of Aboriginal occupation and the arrival of pearlers, pastoralists and other settlers, which led to the evolution of the pearling and pastoral industries and the establishment of the town of Broome, are defining influences in the heritage of the region. There are numerous Aboriginal heritage sites registered under the Aboriginal Heritage Act 1972 (WA). Parts of the Park are included within the boundary of the West Kimberley National Heritage Area (DSEWPaC, 2011b).
Archaeology and Aboriginal Heritage
According to Akerman (1975), the coastal portions of Dampierland Peninsula shows evidence of use and occupation dominated by the presence of mollusc shells, tools and other artefacts that are evidence of early Aboriginal activity both before and after contact with non-Aboriginals. A review of the Aboriginal Heritage Inquiry System maintained by the Department of Aboriginal Affairs (2016) records a number of registered Aboriginal sites including along Cable Beach, near Gantheaume Point, and in the Reddell Beach area. A number of these sites are within or in close proximity to the Park. However, there are numerous sites that are currently unregistered.
Early History
Broome has a rich non-indigenous heritage which commenced in 1699 when William Dampier named Roebuck Bay after his ship. Little further exploration occurred until late in 1801 when Nicholas Baudin travelled the north-west coast as captain of a French scientific expedition and named several points along the Kimberly coast including Gantheaume Point. In the 1870s pearlers travelled to Broome to explore for rich pearling beds and the Broome pearling industry was launched. This was a brutal time for the Aboriginal people trapped into pearling labour. As ‘dress diving’ became practice Aboriginal ‘skin divers’ slowly declined and the workforce increasingly comprised workers from the east and southeast Asia. By the late 1890s, approximately 80 percent of the world’s supply of mother-of-pearl shell originated from Broome.
Heritage
The Broome town site holds a number of listed heritage sites including the Broome cemetery, Court House, Museum, Chinatown Conservation Area, a number of churches, Streeters jetty and several pearling buildings, however there are no listed heritage sites within the Park (Heritage Council, 2015). There are places which have local historical significance such as Morgan’s Camp, Demco and Gantheaume Point, and these places would benefit from heritage protection and interpretation. It is important to maintain Broome’s seaside heritage and identity with the coastal environment.
|
Summary of Management Arrangements for History and Heritage Values
|
||||
|
Management objective |
Ensure consideration and the protection of cultural heritage sites and values within the Park. |
|||
|
|
|
Priority |
Lead Agency |
YCMP Reference |
|
Management strategies |
1. Identify important non-indigenous heritage sites. 2. Identify key coastal Aboriginal heritage sites. |
M M |
Shire Yawuru |
1.1 1.1 |
|
Performance Measures |
1. Identification of non-indigenous heritage sites. 2. Assessment of key coastal Aboriginal heritage sites. |
|
|
|
|
Targets |
1. Avoid impact to heritage sites. |
|
|
|
|
Reporting Requirements |
Every two years |
|
PaW |
|
4.4.2 Recreation
Nature-based recreation and cultural tourism are key attractions within the Kimberley. Broome offers a variety of attractions for the local community and visitors, including secluded bays of turquoise waters, rocky shores, intertidal flats, mangroves, sand dunes and beaches with abundant wildlife. It is recognised that conservation reserves have the capacity to satisfy an important public demand for outdoor recreation and nature-based tourism, and in so doing contribute significantly to the social, psychological, physical and economic wellbeing of the community (DEC, 2006). Management of use and visitation in the Park will be guided by the management objectives, strategies and targets in Sections 4 and 5 of this Plan, any zoning implemented, as well as by the provisions of the LA Act, Local Government Act 1995 (WA), the Shire’s local laws, Wildlife Conservation Act 1950 (WA) and other governing legislation relating to terrestrial management. Within this setting, a range of socio-economic values are recognised and will continue to be consistent with management targets set for cultural and ecological values in the Park.
There are a number of recreational areas within the Park including Gantheaume Point, Minyirr Park and beach access points adjacent to Demco Beach, Simpsons Beach, Reddell Beach and Entrance Point. Recreation and tourism activities within the Park include wildlife viewing, walking, nature-based education tours (e.g. school excursions at Base Camp in Minyirr Park), and recreational fishing on beaches adjacent to the Park. The Park provides opportunities for sustainable recreational activities that are consistent with maintaining the cultural and ecological values of the area.
Wildlife Viewing and Walking
Wildlife viewing and walking are popular activities throughout Broome and the Park, particularly along the walk trails in Minyirr Park and the Lurujarri trail. Minyirr Park, also known as the coastal park, is of great cultural significance to Yawuru people and sits between Gubinge Road and the sea. The park offers unique walking and wildlife viewing opportunities with approximately 22 kilometres of walk trails meandering through the dunes, pindan and bushland.
Other popular sightseeing opportunities include the dinosaur foot prints, Anastasias Pool and the coastal views around Gantheaume Point. Given the Park’s proximity to residential areas and use as an access to the beach, dog walking is also a common activity. This activity is discussed in more detail in further later in this Section.
Picnicking
Picnicking is an important recreational activity which brings family and friends together and often goes hand in hand with fishing and beach trips. Currently within the Park there are no designated picnic areas; however large shelters and tables are available at Gantheaume Point, Demco and less formally at Base Camp in Minyirr Park. There are a number of possible sites within the Park that would benefit from the establishment of picnic facilities such as the parking areas at Reddell Beach, Demco Beach, Entrance Point and the Gantheaume Point beach access area. The facilities may range from a basic table and chair to shelters, lookout platforms and toilets.
Recreational Fishing
Recreational fishing is a popular activity along the beaches and creeks adjacent to the Park, as well as in the Cable Beach intertidal zone reserve and is highly valued by the local community. Recreational fishing is experiencing significant growth in the region driven by an increase in resident population and tourists visiting during the dry season. The majority of recreational fishing within the Broome town site area occurs on coastal cliffs, beaches and creeks, such as Gantheaume Point, Reddell Beach, Simpson Beach and Dampier Creek, with fishers targeting bait fish, birrala Threadfin Salmon (Polydactylus macrochir), walga walga Bluenose Salmon (Eleutheronema tetradactylum), Barramundi (Lates calcarifer), Tripletail (Lobotes surinamensis) and Black Jewfish (Protonibea diacanthus) (Bennelongia, 2009) Bluebone (Choerodon rubescens) and other reef fish.
Pedestrian access for recreational fishing is available throughout the Park, while vehicle access is provided at several boat ramps within the town. The access to the section of the beach at Gantheaume Beach used as a boat launching site (south end of Cable Beach) is through the Park, while boat ramps are at Town Beach, Entrance Point and the Catalinas. The main pressures associated with recreational fishing for the adjacent Park are localised impacts associated with the effects of access on ecological values (i.e. from litter and disturbance of sensitive habitats).
|
Summary of Management Arrangements for Recreation Values
|
||||
|
Management objective |
Ensure that recreational activities are supported and managed in a manner that is consistent with maintaining the ecological and socio-economic values of the Park. |
|||
|
|
|
Priority |
Lead Agency |
YCMP Reference |
|
Management strategies |
1. Maintain the Recreation Master Plan (RMP). 2. Develop and implement an Interpretation Plan. 3. Monitor environmental impacts associated with recreation by developing a database to record this information on an ongoing basis. 4. Prioritise and cost infrastructure identified within the RMP. 5. Seek external funding opportunities for capital works for recreation sites. 6. Conduct a visitor survey programme to better understand visitor use, numbers and satisfaction of visitor experience. |
Ongoing H Ongoing
H Ongoing H |
PaW Yawuru PaW
PaW PaW PaW |
3.11 1.1 3.4
3.11 3.11 3.4 |
|
Performance Measures |
1. Updates to the RMP. 2. Preparation of the Interpretation Plan. 3. Recording outcomes of monitoring and assessment processes. 4. Setting infrastructure priorities. 5. Identification of suitable funding options. 6. Completion of visitor survey program.
|
|
|
|
|
Targets |
Ensure a high quality recreation experience is provided. |
|
|
|
|
Reporting Requirements |
Annually |
|
PaW |
|
Dogs
Dog walking and exercising is a common activity across the Yawuru Conservation Estate, and particularly within the Park due to its close proximity to the Broome town site and residential areas. The Shire is responsible for administering and enforcing the Dog Act 1976 (WA) within the town site. The Act states that a dog shall not be in a public place unless it is:
a) Held by a person who is capable of controlling the dog; or
b) Securely tethered for a temporary purpose, by means of a chain, cord, leash or harness of sufficient strength and not exceeding the prescribed length.
The Shire has also specified ‘dog exercise areas’ as being the beach foreshore within the district with the exception of those areas specified in the prohibited areas. Within the ‘dog exercising areas’, dogs are permitted off-leash as long as the owner is within reasonable proximity to the dog. The owner is also required to carry and be capable of attaching a leash for the purposes of controlling the dog.
|
Summary of Management Arrangements for Dogs
|
||||
|
Management objective |
Provide equitable access within the Park for dog owners |
|||
|
|
|
Priority |
Lead Agency |
YCMP Reference |
|
Management strategies |
1. Use appropriate signage to advise the community where dogs are allowed and where they are not permitted. |
M
|
PaW |
3.5 |
|
Performance Measures |
1. Development and installation of signage. |
|
|
|
|
Targets |
Installation of signage in appropriate locations if not already present. |
|
|
|
|
Reporting Requirements |
Every two years |
|
PaW |
|
Horses
Horse riding is also an important recreational activity enjoyed primarily by locals as well as being associated with the horse racing events at the racecourse inland of Gantheaume Point. Horse riders make use of the Gantheaume Point Beach utilising the exercise area described in the Shire’s ‘Horses on Cable Beach Policy’. The policy states that horses are required to cross Gantheaume Point Road at the signed horse crossing and use the ‘horse only’ access/egress point to and from the beach foreshore (Figure 6). Race horses are only permitted between 1st of April and the 31st of August. All horses must be granted approval from the Shire and approvals are granted for one year only. Horses entering the beach exercise area may impact on the values of the Park if their access is not managed effectively. If horses remain on designated paths and do not enter sensitive cultural and ecological areas such as those in the nearby Minyirr Park, then horse riding activities should not pose a threat to the values of the Park.

Figure 6: Horse access to Cable Beach
4.4.3 Access
Access Restrictions
At present, no restricted access areas have been identified within the Park for Aboriginal cultural and customary purposes. The partners recognise that there may be areas of cultural heritage significance that require access restrictions and management in accordance with the Yawuru Cultural Management Plan. Any future restricted access zones must be agreed upon by all joint management parties.
Pedestrian Access
Due to ongoing residential development and the associated increased use of walk trails such as those in Minyirr Park, many of the existing tracks and walkways, particularly Nagula trails traversing the sand dunes, as well as parking facilities need to be upgraded and stabilised. Particular access ways that require management include:
· beach access path over dunes opposite Murray Road,
· De Marchi Road and McMahon pathways (pathway from McMahon oval) and dune crossings;
· pathways, dune crossing and car parking facilities in the Base Camp area,
· the requirement for an established path way and dune crossing near the Cable Beach Road West roundabout when further development occurs,
· pathways around Gantheaume Point,
· access and car parking facilities for the use of Gantheaume Point Beach (south end of Cable Beach), and
· increased signage and interpretation in Minyirr Park and other recreational nodes.
Vehicle Access
Existing roads within the Park provide public vehicle access to recreational use areas. Vehicle access within recreation areas will be further defined through site-level design. Off road driving is also a popular activity in Broome particularly on Gantheaume Point Beach and in the Cable Beach Intertidal zone adjacent to the Park. Some off road driving also occurs around the sand dunes of Reddell Beach and bollards and large rocks are used to restrict this activity in these sensitive dunes. Signs are used to depict where driving is prohibited on the beach and dune systems at Gantheaume Point Beach where vehicles are only allowed for 500 metres up the beach before signs display the prohibition of this activity.
All vehicles entering the Park must be licensed under the Road Traffic Act 1974 (WA). There are no ‘permitted areas’ for off-road vehicles under the Control of Vehicles (Off-road Areas) Act 1978 (WA). Vehicles such as unlicensed off-road motorbikes and dune buggies are not permitted in the Park. Illegal use of unlicensed off-road vehicles and indiscriminate use of licensed four-wheel drive vehicles have the potential to adversely impact the values of the Park. Four-wheel drive vehicles can potentially access a variety of existing tracks, whilst motor bikes and quad bikes have the capacity to access a far greater area, including walk trails and dune systems. Concerns from off road vehicle use include the possible impacts to beach fauna and flora such as turtles and shore crabs.
Flatback Turtles (Natator depressus) and Green Turtles (Chelonia mydas) are known to nest along Cable Beach, particularly in the northern areas inland of Bilingurr and within the intertidal zone. The section of Cable Beach with the most turtle activity has been the area from the steps of the surf club and 2.1 kilometres north, which is also the section of beach that receives the highest level of human activity (Conservation Volunteers Australia, 2010). Seasonal beach closures to off-road vehicles are already in place and enforced by the Shire.
Other off-road vehicle use such as quad bikes and motor bikes occurs in the sand dune system around Bilingurr, Dampier Creek and the northern bush blocks within the Park. The current use is unsustainable with significant potential for public safety issues, damage to vegetation and erosion of the dunes. Existing signage is not effective and an increased management effort is required to enforce these restrictions, which may include fencing, barriers, public education and other management methods.
Access for Visitors with Disabilities
The joint management partners wish to improve access to services, information and facilities for people with disabilities. Disability access issues will be considered and addressed during detailed recreation site planning and development. There may be practical constraints in providing access for people with disabilities to some of the more natural recreation sites within the Park. However, it will generally be possible to provide universal access at larger modified sites.
Illegal Camping
Currently in the high season many campers illegally camp down dirt tracks and sand dunes in the Yawuru Minyirr Buru Conservation Park, primarily around Reddell and Simpson Beaches. This results in impacts such as vegetation disturbance and rubbish and requires ongoing management.
Patrol and Enforcement
Shire Rangers manage and enforce Broome local laws and local government legislation within the Broome town site. Within the Park, on ground management and enforcement will be effected by Shire Rangers and Yawuru Rangers employed by Parks and Wildlife.
This Plan details a range of strategies relating to the management of human activities within the Park. While users typically comply with management regulations when they understand why such controls have been implemented, there is always a need to monitor the level of compliance and take action to stop inappropriate or illegal behaviour. To achieve this, an appropriate level of field presence by correctly authorised Rangers will be necessary to provide information and educational messages, and where appropriate undertake compliance activities. Users of the area (e.g. tourism operators and the general community) can also play a key role in self-regulation and peer surveillance.
The Ranger program for Yawuru community members includes training towards participants becoming authorised officers under the Local Government Act 2005 (WA), CALM Act and the Wildlife Conservation Act 1950 (WA). This will allow Yawuru Rangers who gain authorisation to undertake patrol and enforcement duties throughout the Park, specifically in the areas of illegal vehicle use and illegal camping. Yawuru (trainee) Rangers will need to work with Shire Rangers, PaW authorised officers and other agencies, such as Fisheries, to gain experience in patrol and enforcement activities.
|
Summary of Management Arrangements for Access Management
|
||||
|
Management objective |
1. To maintain public access to the Park in a way that does not compromise the cultural, ecological or socio-economic values of the Park. 2. To maximise public compliance with regulations related to the ongoing management of the Park. |
|||
|
|
|
Priority |
Lead Agency |
YCMP Reference |
|
Management strategies |
1. Map the locations of all formal and informal access locations in the Park. 2. Consolidate and formalise access locations, closing surplus access ways with agreement from YPC. 3. If required, implement access management arrangements to ensure access to culturally sensitive areas is managed appropriately, with all access restrictions to be agreed by YPC. 4. Implement access restrictions as necessary to protect flora, fauna and ecological communities, with all restrictions to be agreed by YPC. 5. Implement strategies as necessary to prevent adverse impacts on the values of the Park from inappropriate vehicle or pedestrian access, 6. Educate, mentor and support trainee rangers through working with Shire Rangers, Parks and Wildlife authorised officers and other agencies to gain experience in patrol and enforcement activities, to the extent possible within the existing resources of the Shire and Parks and Wildlife. 7. Develop and implement a collaborative patrol and enforcement program to: (a) Ensure compliance with relevant regulations; and (b) Maximise efficiency and effectiveness of patrol and enforcement activities. 8. Apply culturally appropriate and sensitive management to illegal camping issues within the Yawuru Minyirr Buru Conservation Park. 9. Facilitate cross-authorisation of government enforcement officers as appropriate 10. Maintain a database of compliance statistics and issues. |
H M
M
M
M
Ongoing
H
Ongoing
L L |
PaW PaW
Yawuru
PaW
PaW
PaW
PaW
PaW
PaW PaW |
3.11 3.11
3.11
3.11
3.11
3.1
3.5
3.11
3.4 |
|
Performance Measures |
1. Number of trained and trainee rangers. 2. Compliance statistics. 3. Installation of signage and other management measures. |
|
|
|
|
Targets |
1. Decreasing trend of non-compliance within the Park. 2. Rangers are working throughout the Park. 3. Completion of regular and annual inspection and maintenance programs. |
|
|
|
|
Reporting Requirements |
Annually |
|
PaW |
|
4.4.4 Visual Amenity
The Park has very high visual amenity values which are important for Yawuru people and local residents, and are a major part of the appeal of Broome for visitors. The Park affords panoramic vistas of unique environments including turquoise waters, beaches, rocky shores, intertidal flats, mangroves, sand dune systems and monsoonal vine thickets with abundant wildlife. These attributes can be enjoyed from the beach, higher vantage points along the coast and inland though dense thickets and bushland. They also provide commercial value to the tourism industry (such as charter, caravan and camping operators) as a drawcard for tourists. Due to the location of the Park being so central to the Broome town site and port facility, the visual values are not pristine. However, a significant proportion of the Park is quiet and secluded with limited infrastructure, subsequently having high visual and tranquillity values.
Management of landscape quality will focus on identifying areas that have high landscape value and ensuring that activities do not significantly degrade these values.
Structures along the coastline also have the potential to degrade the unique values of the Park. This can include signage, shelters, toilets, picnic areas, lighting, jetties and other infrastructure which may impede the cultural value, history and unique nature of the Park. Litter, pollution and the development of roads and facilities that promote visitation can be a threat to these values.
|
Summary of Management Arrangements for Visual Amenity Values
|
||||
|
Management objective |
Ensure consideration and the protection of the visual amenity values within the Yawuru Minyirr Buru Conservation Park |
|||
|
|
|
Priority |
Lead Agency |
YCMP Reference |
|
Management strategies |
1. Identify the key characteristics and map the spatial extent of important landscapes. 2. Ensure recreation and commercial activities are consistent with maintaining the landscape. 3. Minimise visual impacts of structures through appropriate placement, design and colour of materials used. |
H M
M |
PaW PaW
PaW |
1.5 4.4
3.10 |
|
Performance Measures |
1. Mapping outcomes. |
|
|
|
|
Targets |
1. Visual amenity considered on an ongoing basis. |
|
|
|
|
Reporting Requirements |
Every two years |
|
|
|
4.4.5 Commercial Activities
Tourism
The Park provides opportunities for commercial and tourism activities and development. Broome is an internationally renowned tourist destination and the gateway for tourists wanting to explore the wider Kimberley region. Tourism Research Australia statistics indicate the average annual number of over-night visitors to the Shire of Broome has been increasing over the last decade and the average annual figure for the year ended December 2014 was approximately 245,000 (Tourism WA, 2015). Growing numbers of tourists are also visiting during the wet season Man-gala to observe the vast flocks of migratory shorebirds.
Increasingly, international and national tourists want to experience an authentic Aboriginal experience and the indigenous tourism industry is developing at a rapid rate (WAITOC, 2014). The West Australian Indigenous Tourism Operators Council (WAITOC) had 78 full members, registered as Indigenous tourism businesses in 2013/14 (WAITOC, 2014). Indigenous tourism opportunities in the Kimberley and around Broome are significant, and the Park offers an insight into unique natural experiences of Yawuru culture within easily accessible areas and close to the Broome town site.
The Park offers a variety of natural and cultural attractions and opportunities for visitors to the area, with popular activities including site seeing, beach walking and wildlife appreciation. Management strategies for recreation and tourism in the Park will focus on major activities and proposed recreational sites.
Access tracks including those in Minyirr Park, Demco, Morgan’s Camp, Simpsons Beach and Reddell Beach have also been identified as requiring different forms of infrastructure and support. Inappropriate paths and tracks can be closed and the focus will then be given to the maintaining and upgrading appropriate access ways.
Each identified recreational area identified within the RMP will have a site specific plan detailing the site location and specific facilities and infrastructure proposed. The priority, timing and funding arrangements will be detailed in each site plan. Base Camp, Youth Camp, Gantheaume Point Beach and Morgan’s Camp have also been identified as possible commercial nodes.
Cultural Ecological Tourism
Cultural appreciation is an area of potential growth with both ecological and financial benefits. Commercial opportunities consistent with the purpose of the Park and Yawuru Conservation Estate is supported and promoted through the ILUAs and the JMA. The Yawuru Cultural Management Plan proposes the development of an Interpretation Plan that will apply across the Park.
The importance of maintaining Yawuru traditional ecological knowledge and culture as well as tourism demands for cultural tours and Aboriginal cultural appreciation has emphasised the benefits to further develop the existing cultural appreciation infrastructure as well as establishing new sites. The bush furniture and Yawuru season signage around Base Camp has been highlighted for upgrade. A boardwalk around Burrgungun Morgan’s Camp and interpretive signage to speak the history of the place and the importance of the Mangrove communities for the Yawuru people has also been proposed.
Nature-based recreation and tourism has the potential to make an important contribution to protecting the region’s ecosystems by fostering a greater cultural and environmental understanding. However, unless carefully managed, visitation and tourism activities have the potential to cause environmental damage, particularly as the numbers of visitors continue to increase.
Commercial Activities
Yawuru have identified that the Park provides opportunities for developing commercial businesses such as cultural heritage and eco-tourism tours, training opportunities such as cultural awareness training, cultural workshops, excursions and field programs (YRNTBC, 2011). It is acknowledged under the JMA that the Yawuru RNTBC has the first right to take up business and commercial opportunities in the Conservation Estate. Other operators may also be interested in developing commercial operations within the Park. All commercial activities will be assessed in accordance with the agreed protocols. If commercial opportunities are not progressed by Yawuru, then consideration may be given to commercial use of the Park by other persons in accordance with agreed protocols.
Events on the Conservation Estate
In additional to commercial tourism opportunities, the Park offers the opportunity for events to be held at various locations by Yawuru people and other persons. Event applications will be assessed and approved in accordance with agreed protocols.
|
Summary of Management Arrangements for Commercial Activities
|
||||
|
Management objectives |
1. To ensure that commercial activities are encouraged and managed in a manner that is consistent with maintaining the cultural, ecological and social-economic values of the Park. 2. To maintain the ecological and socio-economic values of the Park that are important to commercial operators, through the appropriate management of human based activities that adversely impact upon these values. 3. To provide opportunities for Yawuru community and Yawuru RNTBC to develop and operate commercial businesses consistent with maintaining the values of the Park. |
|||
|
|
|
Priority |
Lead Agency |
YCMP Reference |
|
Management strategies |
1. Assist Yawuru people and others to identify areas of commercial opportunity within the Park. 2. Determine and develop appropriate management protocols for assessment, licencing and management of commercial activities and events. 3. Approvals issued for commercial activities and events with appropriate conditions. 4. Provide Yawuru people with new commercial opportunities in the Park. |
Ongoing
H
Ongoing Ongoing |
Yawuru
Shire
Shire Yawuru |
4.4
4.4
4.4 4.1 |
|
Performance Measures |
1. Commercial operations visitor numbers. 2. Identification of commercial opportunities and associated management frameworks. 3. Number of Licenses/Permits applied for and issued. |
|
|
|
|
Targets |
All commercial operators have the required approvals and abide by relevant conditions. |
|
|
|
|
Reporting Requirements |
Every two years |
|
PaW |
|
Resource values
The region has identified (and prospective) mineral, oil and gas resources that are important to the regional economy. Two petroleum exploration permits apply to the Park (Landgate, 2015); however, no mining or extraction activities are presently being undertaken. A number of basic raw materials are located in proximity to the Park, and include the Broome South Sand, Red Hill Mesand, Beacon Hill and Broome South Sand.
In recognition of the natural and cultural values and the management purpose of the Park, it is preferable that all basic raw materials needed for construction within the Park (e.g. for the construction of roads and recreation developments) are obtained from outside the Park, or from areas that are already disturbed or of lower conservation value.
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Summary of Management Arrangements for Resource Use
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||||
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Management objective |
To protect the values of the Park from any adverse effects associated with resource use activities in or near to the Park. |
|||
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|
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Priority |
Lead Agency |
YCMP Reference |
|
Management strategies |
1. Obtain raw materials for use within the Park from outside the Park, unless any adverse effects on the natural and cultural values are demonstrated to be very low and there are no other practical, environmentally or culturally acceptable alternatives. 2. Ensure that rehabilitation has been effective by post-rehabilitation monitoring and evaluation, and implementation of any additional or alternative restorative works if required. |
Ongoing
L
|
PaW
PaW |
3.11
3.11
|
|
Performance Measures |
1. Decision making process relating to source of raw materials for use within the Park. 2. Development and implementation of completion criteria for areas disturbed due to extraction of raw materials. |
|
|
|
|
Targets |
1. Avoid adverse effects within the Park. 2. Restoration to equivalent or better condition at the conclusion of raw material extraction activities. |
|
|
|
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Reporting Requirements |
Every two years |
|
PaW |
|
4.5 General Management Measures
4.5.1 Asset Management
Responsible asset management will be a key component of the successful management of the Park. As the day to day managers of the Park, Parks and Wildlife will be the owner of all assets located within the Park, and under the Assistance Agreement, will be responsible for ongoing maintenance of these assets.
To help achieve best practice asset management, an Asset Management Plan will be developed by Parks and Wildlife and endorsed by the YPC to provide a detailed understanding of the fixed assets located within the Park, with cultural and environmental assets described in-line with the Yawuru Cultural Management Plan. The Asset Management Plan will be configured to be fit for purpose to provide an overview of current assets, provide technical data and property details, as well as deliver performance and accountability measures (i.e. condition and maintenance information) which correspond with YPC agreed criterion. As a minimum, the Asset Management Plan will record the locations of:
· significant cultural and heritage sites,
· local roads (sealed and unsealed),
· beach access points, stairs, footpaths, tracks and trails,
· car parks (both developed and areas utilised for parking),
· culverts, drains, catchments (stormwater and sewerage),
· signage,
· open space, and
· buildings and other structures such as seats, sheds, and shaded areas.
Accordingly, the Asset Management Plan will assist with providing:
· recognition of cultural heritage values,
· asset locations;
· the current condition of assets;
· when/if assets need to be replaced;
· information/upgrades required to meet regulatory requirements;
· the level and frequency of asset maintenance programs; and
· life cycle costs by asset, program and business activity.
Agreed maintenance and capital programs may also be generated from the asset register for various activities including:
· new works;
· industry and community partnerships;
· asset replacement;
· routine maintenance; and
· reactive maintenance.
|
Summary of Management Arrangements for Asset Management
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||||
|
Management objective |
Ensure assets within the Park are managed appropriately. |
|||
|
|
|
Priority |
Lead Agency |
YCMP Reference |
|
Management strategies |
1. Develop an Asset Management Plan. 2. Undertake annual inspections of infrastructure within the Park. 3. Prepare an annual Capital Works Program based on the Asset Management Plan, to be approved by the YPC. |
H Ongoing H
|
PaW PaW PaW |
3.11 3.11 |
|
Performance Measures |
1. Preparation and endorsement of Asset Management Plan. 2. Annual inspection program completed. 3. Preparation and endorsement of annual Capital Works Programs. |
|
|
|
|
Targets |
1. Asset Management Plan endorsed by the YPC. 2. Annual Capital Works Programs endorsed by the YPC. 3. Annual inspection programs completed and results documented. 4. Asset maintenance and replacement undertaken in accordance with Asset Management Plan and Capital Works Programs. |
|
|
|
|
Reporting Requirements |
Annually |
|
PaW |
|
4.5.2 Waste Management
Parks and Wildlife will undertake a Park waste management inspection program through routine patrols to determine the extent of illegal rubbish dumping and waste product dumping. These inspections will determine the location, quantity and type of waste that is deposited. The outcomes will contribute to the development of a Waste Management Plan for the Park, to be presented to the YPC for approval and implemented by Parks and Wildlife. The Waste Management Plan will also consider the arrangements for servicing rubbish and dog waste bins that are adjacent to the Park, which are currently serviced by the Shire.
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Summary of Management Arrangements for Waste Management
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||||
|
Management objective |
To ensure waste is managed appropriately within the Park. |
|||
|
|
|
Priority |
Lead Agency |
YCMP Reference |
|
Management strategies |
1. Develop and implement a Waste Management Plan. |
M
|
PaW
|
3.11 |
|
Performance Measures |
1. Development and implementation of the Waste Management Plan. 2. Amount of illegal dumping. |
|
|
|
|
Targets |
1. Waste managed appropriately. 2. No illegal dumping of rubbish. |
|
|
|
|
Reporting Requirements |
Every two years |
|
PaW |
|
4.5.3 Information, Education and Interpretation
The development of an education and interpretation program will increase public awareness and understanding of conservation, Yawuru people and culture, and management issues in the Park. This increased understanding will help to develop a sense of community stewardship which will subsequently lead to better protection of ecological and cultural values and the responsible management of social values. An important component of the education and interpretation program is to promote Yawuru culture and heritage values. This program will draw heavily on the outcomes and messages from the Yawuru Cultural Management Plan and other management plans for the Yawuru Conservation Estate. A linkage between the Leave No Trace (LNT) principals would be an effective way to consistently communicate values of the Park. The education and interpretation program needs to be flexible and applied in ways that maximise the effectiveness of the program for various sectors and target audiences as well as working with stakeholders wherever possible.
|
Summary of Management Arrangements for Information, Education and Interpretation
|
||||
|
Management objective |
To enhance community understanding of, and support for, the values of the Park through education and interpretation programs. |
|||
|
|
|
Priority |
Lead Agency |
YCMP Reference |
|
Management strategies |
2. Develop and implement an Integrated Education and Interpretation Plan to ensure users of the Park understand: · the importance of the key cultural, ecological and socio-economic values of the Park as set out in this Plan · the integration of traditional ecological knowledge into the management of the Park · the rights of Yawuru people, as the recognised traditional owners in and around Broome to enjoy Yawuru country and maintain their cultural practices · areas of cultural and historical significance and culturally appropriate behaviour in these areas · the flora and fauna that are sensitive to disturbance (e.g. roosting shorebirds) and appropriate behaviour to minimise impacts · the effects of dumping rubbish and garden refuse and the threat invasive plants pose to the values of the Park · appropriate behaviours to reduce illegal vehicle access and camping · appropriate behaviours to reduce the risk of injury and ensure public safety. 3. Ensure the education and interpretation program for the Park is appropriately integrated with relevant outcomes and messages from the Cultural Management Plan and other management plans for the Conservation Estate. 4. Ensure that Yawuru people have an active role in the education and interpretation programs. 5. Install culturally appropriate signage for the Park for educational purposes where appropriate, and with approval from the YPC and consistent with the Interpretive Plan 6. Encourage and assist the tourism industry to provide educational courses/materials to their staff and customers to foster community stewardship of the Park. 7. Develop promotional and educational material. |
H
M
H H
L Ongoing |
Yawuru
Yawuru
Yawuru PaW
Yawuru Yawuru |
1.1
5.1
1.1
5.1
|
|
Performance Measures |
3. Development and implementation of Education and interpretation Plan. 4. Visitor and industry surveys. 5. Promotional and educational materials produced. |
|
|
|
|
Targets |
3. Fifty percent of visitors to the Park are aware of the existence of the Park, its values and the management requirement that apply within five years of the release of the Plan. |
|
|
|
|
Reporting Requirements |
Every two years |
|
PaW |
|
4.5.4 Public Participation
Public participation can help to build and sustain community support that is critical for effective implementation of this Plan. This can be achieved in a number of ways including advisory committees, community forums, surveys, and information events. Given the unique circumstances (i.e. a number of individual management plans and a variety of vesting arrangements), it will be necessary to consider carefully how best to achieve public participation in management of all the Yawuru Conservation Estate, including the Park.
Groups and organisations including the Yawuru RNTBC, NBY, the Shire, Roebuck Bay Working Group (RBWG) Environs Kimberley, Parks and Wildlife, Broome Bird Observatory, Coastwest, Broome Botanical Society, Conservation Volunteers Australia, SKIPA, Ministry of Justice, Kimberley Training Institute and local business, as well the wider community, have already established strong working partnerships which have been integral in previous conservation programs. There is also an opportunity to consider the role of cultural caretakers in areas of special significance such as Morgan’s Camp and Minyirr Park.
|
Summary of Management Arrangements for Public Participation
|
||||
|
Management objective |
To encourage and facilitate ongoing public participation in the management of the Park. |
|||
|
|
|
Priority |
Lead Agency |
YCMP Reference |
|
Management strategies |
1. Consider and establish appropriate structures and mechanisms to provide for community input and involvement in ongoing management of the Park. 2. Develop and implement a public participation program for the Park which encourages community involvement through a range of opportunities, including education and monitoring programs. 3. Maintain records of public participation. |
H
M
L |
PaW
PaW
PaW |
3.10
3.6
3.4 |
|
Performance Measures |
1. Development of community involvement mechanisms. 2. Development and implementation of the public participation program. 3. Development of the public participation records database. |
|
|
|
|
Targets |
To facilitate ongoing public participation in the management of the Park. |
|
|
|
|
Reporting Requirements |
Annually |
|
PaW |
|
4.5.5 Research and Monitoring
The nature and diversity of habitats in the Park combined with the proximity to the Broome town site provide unique opportunities for ecological, cultural, archaeological, geomorphological and socio-economic research, with close community involvement and participation. A good understanding of the cultural values and ecology of the Park and knowledge about the cumulative long-term impact of recreational and commercial activities on these values are fundamental requirements for effective management. There has been a significant amount of research characterising the Broome wetlands, mangroves, intertidal flats and migratory shorebirds, however this large body of work remains to be collated and synthesised in a coherent and systematic manner to realise its full potential for long term management. Recent research initiatives have been developed through various community groups, academic institutions and environmental government and non-government organisations, focusing on research projects such as the monsoonal vine thickets, significant flora of the region, Snubfin Dolphins and Flatback Turtle nesting.
All research within the Park requires Yawuru and Shire approval and the appropriate research permit and/or approvals issued under the Local Government Act 2005 (WA), Wildlife Conservation Act 1950 (WA), Fish Resources Management Act 1994 (WA), EPBC Act and/or the Animal Welfare Act 2002 (WA), as relevant to the research proposal. Special access requirements may be necessary for research into areas with restricted access.
|
Summary of Management Arrangements for Research and Monitoring
|
||||
|
Management objectives |
To provide access and opportunities for scientific research in the Park. |
|||
|
|
|
Priority |
Lead Agency |
YCMP Reference |
|
Management strategies |
1. Encourage and facilitate as far as practicable community and other involvement in research and monitoring programs, providing financial and logistical assistance where possible. |
L |
PaW
|
5.1
|
|
Performance Measures |
1. Involvement of various organisations in research projects.
|
|
|
|
|
Targets |
Increased knowledge of the various values within the Park. |
|
|
|
|
Reporting Requirements |
Every two years, or in accordance with research project timetables. |
|
PaW |
|
4.5.6 Risk Management and Safety
Risks to public safety within the Park include:
• the possibility of sudden pindan cliff collapses should visitors stray from formal lookouts, recreation areas and walking trails
• weather events such as cyclones and severe storms
• some marine and coastal fauna (e.g. crocodiles, irukandji jellyfish)
• ongoing erosion caused by coastal processes.
Yawuru people view transgressions against the law as a cause of natural disasters and human tragedies and take seriously their cultural duty to ensure that Yawuru community members and ‘strangers’ do not place themselves and others at risk of harm. Yawuru cultural protocols include protocols that help Yawuru people fulfil their cultural responsibilities to look after anyone on Yawuru country e.g. protocols about access to culturally sensitive areas that Yawuru people believe are subject to powerful and dangerous forces (Yawuru RNTBC 2011).
A risk assessment and risk management plan will be developed by Parks and Wildlife for the Park, comprising identification, analysis and efficient control of exposure to public liability risks.
|
Summary of Management Arrangements for Risk Management and Safety
|
||||
|
Management objective |
To minimise risks to visitors within the Yawuru Minyirr Buru Conservation Park from natural and other hazards. |
|||
|
|
|
Priority |
Lead Agency |
YCMP Reference |
|
Management strategies |
1. Undertake a biannual risk assessment and develop a risk management plan to identify hazards/risks and proposed corrective/ mitigation actions. 2. Identify the estimated costs associated with each proposed corrective action. 3. Consider the recommendations of the Broome Townsite Coastal Hazard Risk Management and Adaptation Plan (CHRMAP) in undertaking the risk assessment and implementing the risk management plan. |
H
H H |
PaW
PaW PaW |
3.10
3.10 |
|
Performance Measures |
1. Identification and prioritisation of risks. 2. Implementation of management strategies. |
|
|
|
|
Targets |
3. No serious injuries reported in the Park. |
|
|
|
|
Reporting Requirements |
Annually |
|
PaW |
|
5.0 Yawuru Language Glossary
|
balyjarr |
saltwater couch (Sporobolus virginicus) |
|
Barrgana |
Yawuru season: cold season, May |
|
bilarra |
wetland/spring |
|
bilgin |
Water chestnut (Eleocharis dulcis) |
|
birra |
bush; bush country, inland country |
|
biyal-biyal |
kapok mangrove (Camptostemon schultzii) |
|
Bugarrigarra |
the Dreaming; Dreamtime; history before time began; derived from bugarri = dream and garra = more than one |
|
bundu |
salt marsh (saline grasslands, samphire, mudflats) |
|
Bundurr-bundurr |
the red sandplains and vegetation known as ‘pindan’ |
|
buru |
one’s country; traditional country; land/earth/dirt/ground; can also mean time/place/season |
|
galji |
the fine-grained soft carbonate mud that occurs around Broome |
|
garl-garl |
‘blind your eye’ mangrove or milky mangrove (Excoecaria agallocha), which has a blinding sap |
|
girrbaju |
bush honey; sugar bag |
|
gudurrwarany |
brolga (Grus rubicunda) |
|
gundurung |
Mangrove; and also in particular the light green leaf white mangrove (Avicennia marina) |
|
gurlju buru |
saline grassland/grassland |
|
jarrmirdany |
corkscrew Pandanus (Pandanus spiralis) |
|
jigily |
Kimberley bauhinia (Bauhinia cunninghamii) |
|
jila |
‘living water’; permanent freshwater sources |
|
jurru |
mystical being; serpent-like figure; snake |
|
Laja |
Yawuru season: late October/November-December |
|
langurr |
northern nail-tail wallaby (Onychogalea unguifera) |
|
liyan |
feelings that express emotional strength, dignity and pride |
|
Man-gala |
Yawuru season: December to March, wet season |
|
Marrul |
Yawuru season: April to May |
|
mayi |
bush foods; bush fruit |
|
Murrga-yirr-garnburr |
melaleuca thicket |
|
nagula |
ocean; sea country |
|
nirliyangarr |
dune wattle (Acacia bivenosa) |
|
niyamarri |
beaches and dunes |
|
rarrga-rarrga |
beach spinifex (Spinifex longifolius) |
|
rayi |
spiritual essence; spirit being; child-spirit |
|
rirrwal |
white dragon tree (Sesbania formosa) |
|
Wirralburu |
Yawuru season: warming up season; September to October |
|
Wirn-gi |
samphire; saltbush (Frankenia ambita) |
|
Wirralburu |
Yawuru season: May |
|
|
|
Source: Yawuru cultural
management plan (Yawuru RNTBC 2011)
6.0 References
Aboriginal Heritage Act 1972 (WA)
Aboriginal Heritage Inquiry System, 2016, Registered Sites, Shire of Broome, accessed July 2016 from http://maps.dia.wa.gov.au/AHIS2/.
Akerman, K., 1975, Aboriginal Camp Sites on the Western Coast of Dampierland, Western Australia, in Occasional Papers in Anthropology No 4, March 1975, pp 93 – 104, University of Queensland.
Animal Welfare Act 2002 (WA)
Atlas of Living Australia, 2015, Pterocaulon intermedium, viewed October 2015 http://bie.ala.org.au/species/Pterocaulon+intermedium.
Australian Museum 2010, Online Information about the Estuarine Crocodile, September 2010, Australian Museum 2012, viewed 14 February 2012, http://australianmuseum.net.au/estuarine-crocodile.
Beams, L., Docherty, P., and Dureau, D., 2011, Preliminary Plant Community Description – Mangarr Community on Relict Dune Systems, Broome Peninsula. Broome, Western Australia.
Bennelongia 2009, Ecological character description for Roebuck Bay, Report to the Department of Environment and Conservation, Bennelongia Pty Ltd, Jolimont, Western Australia.
Biosecurity and Agriculture Management Act 2007 (WA)
Black, SJ, Willing, T & Dureau, DM, 2010, A Comprehensive Survey of the Flora, Extent and Condition of Vine Thickets on Coastal Sand Dunes of Dampier Peninsula, West Kimberley 2000–2002, Broome Botanical Society (Inc.), Broome, Western Australia.
BOM – see Bureau of Meteorology
Bureau of Meteorology, 2015, Climate Data Online – Broome Airport, Station ID 003003, viewed October 2015 http://www.bom.gov.au/climate/data/index.shtml?bookmark=200.
Bush Fires Act 1954 (WA)
Conservation Volunteers Australia, 2010, Cable Beach Community-based Monitoring Program – Report of 2009 – 10 Nesting Activity for the Flatback Turtle (Natator depressus) at Cable Beach, Western Australia, Conservation Volunteers Australia, Broome, Western Australia.
Conservation and Land Management Act 1984 (WA)
Control of Vehicles (off-Road Areas) Act 1978 (WA)
DEC – see Department of Environment and Conservation
Department of Agriculture and Food WA 2015, Western Australian Organism List (WAOL), viewed October 2015 https://www.agric.wa.gov.au/bam/western-australian-organism-list-waol.
Department of Conservation and Land Management, 1999, Environmental Weed Strategy for Western Australia, viewed October 2015, http://www.PaW.wa.gov.au/images/documents/plants-animals/plants/weeds/environmental_weed_strategy_wa.pdf.
Department of Environment and Conservation, 2006, Policy Statement No. 18 – Recreation, Tourism and Visitor Services, Perth, Western Australia.
Department of Parks and Wildlife, 2015a, NatureMap: Mapping Western Australia’s Biodiversity, Department of Environment and Conservation, Perth, viewed August 2015, www.naturemap.PaW.wa.gov.au/.
Department of Parks and Wildlife, 2015b, Threatened and Priority Ecological Community Lists, June 2015, viewed October 2015, http://www.PaW.wa.gov.au/plants-and-animals/threatened-species-and-communities/wa-s-threatened-ecological-communities.
Department of Sustainability, Environment, Water, Population and Communities 2011a, National Heritage Places – West Kimberley, Commonwealth of Australia, viewed 7 February 2011, http://www.environment.gov.au/heritage/places/national/west-kimberley.
Department of Sustainability, Environment, Water, Population and Communities 2011b, West Kimberley Place Report – Description and History Prepared for the Australian Heritage Council’s Final Assessment of National Heritage Values, Commonwealth of Australia, viewed 1 June 2012, www.environment.gov.au/heritage/places/national/west-kimberley/index.html.
Department of Sustainability, Environment, Water, Population and Communities 2012a, Ctenotus angusticeps, in Species Profile and Threats Database, Commonwealth of Australia, viewed 5 June 2012, www.environment.gov.au/sprat.
Department of Sustainability, Environment, Water, Population and Communities 2012b, Rostratula australis, in Species Profile and Threats Database, Commonwealth of Australia, viewed 5 June 2012 from www.environment.gov.au/sprat.
Department of the Environment, 2015a, The West Kimberley, Great Northern Hwy, Broome, WA, Australia, viewed 20 August 2015, http://www.environment.gov.au/cgi-bin/ahdb/search.pl?mode=place_detail;place_id=106063.
Department of the Environment, 2015b, Weeds of National Significance, viewed October 2015, https://www.environment.gov.au/biodiversity/invasive/weeds/weeds/lists/wons.html.
Department of Water 2010a, Kimberley Regional Water Plan 2010–2030: Strategic Directions and Actions – Draft for Public Comment, Department of Water, Perth.
Department of Water 2010b, La Grange Groundwater Allocation Plan, Water Resource Allocation and Planning Series, Report no. 25 February 2010, Department Water, Perth.
Department of Water 2012, Groundwater Resource Review, Dampier Peninsula, Hydrogeological Record Series, Report no. HG57, Department of Water, Perth.
Dog Act 1976 (WA)
DotE – see Department of the Environment
DOW – see Department of Water
DSEWPC – see Department of Sustainability, Environment, Water, Population and Communities
Eliot, I., and Eliot, M. 2008. Coastal Geomorphology: Proposed LNG Hub Locations in Kimberley Region of Western Australia. Report for Northern Development Taskforce: Environmental Experts Working Group. Damara WA Pty Ltd. Innaloo. Western Australia.
Environment Protection and Biodiversity Conservation Act 1999 (Cwlth)
Environmental Protection Authority, 2005, Fire in the Kimberley and Inland Regions of WA, Environmental Protection Authority, Perth, Western Australia,
Fish Resources Management Act 1994 (WA)
Foster-Smith, J., Birchenough, A., Evans, S., and Prince, J., 2007, Human Impacts on Cable Beach, Broome Western Australia, in Journal of Coastal Management, 35:181 – 194.
Graham. G., (2001), Dampierland 2 (DL2 Pindanland Subregion), in May J. (Ed.), A Biodiversity Audit of Western Australia’s Biogeographical Subregions in 2002. Department of Conservation and Land Management, Perth, Western Australia.
Heritage Council, 2015, State Heritage Register, viewed October 2015, http://stateheritage.wa.gov.au/state-heritage-register.
Johnstone, R., 1983, ‘Birds’, in McKenzie, N., (Ed), Wildlife of the Dampier Peninsula, South-west Kimberley, Western Australia, Wildlife Research Bulletin Western Australia, part V, no. 11, pp. 54–69, Department of Fisheries and Wildlife, Perth, Western Australia.
Kenneally, K., Edinger, D., & Willing, T, 1996, Broome and Beyond–Plants and People of the Dampier Peninsula, Kimberley, Western Australia, Department of Conservation and Land Management, Perth.
Land Administration Act 1997 (WA)
Landgate, 2015, WA Atlas – Minedex and WA Petroleum Titles, viewed October 2015 https://www2.landgate.wa.gov.au/bmvf/app/waatlas/.
Laws, A.’, 1991, ‘Explanatory notes on the Broome 1:250 000 hydrogeological sheet’, Geological Survey of Western Australia Hydrogeological Series–Explanatory Notes, Department of Mines Western Australia.
Local Government Act 2005 (WA)
Matthews, D., Semeniuk, V, and Semeniuk, C, 2011, Freshwater Seepage along the Coast of the Western Dampier Peninsula, Kimberley Region, Western Australia, in Journal of the Royal Society of Western Australia, Vol. 94, Pt 2, pp. 207 – 212.
McKenzie, N., (ed.) 1983, Wildlife of the Dampier Peninsula, South-west Kimberley, Western Australia, Wildlife Research Bulletin Western Australia, no. 11, pp. 1–83, Department of Fisheries and Wildlife, Perth.
McKenzie N & Burbidge, A., 2002, Australian Mammal Audit, in WATSNU – Newsletter for Threatened Species and Ecological Communities, Conservation, vol. 9 no. 1, pp.4–7, Department of Environment and Conservation, Perth.
National Native Title Tribunal 2010a, Yawuru Area Agreement ILUA, Register of Indigenous Land Use Agreements, Commonwealth of Australia 2008-2011, viewed 8 February 2012, www.nntt.gov.au.
National Native Title Tribunal 2010b, Yawuru Prescribed Body Corporate ILUA - Broome, Register of Indigenous Land Use Agreements, Commonwealth of Australia 2008–2011, viewed 8 February 2012, www.nntt.gov.au.
National Native Title Tribunal 2010c, The Yawuru people’s native title journey, Talking Native Title online newsletter, Commonwealth of Australia 2008–2011, viewed 8 February 2012, www.nntt.gov.au.
Native Title Act 1993 (Cwlth)
NatureMap – see Parks and Wildlife
Oldmeadow, E., 2007, ‘Geological and Hydrogeochemical Investigations into the Holocene Carbonate Dominated Wetlands, Roebuck Bay and Roebuck Plains, Western Australia’, PhD Dissertation (Applied Geology), Curtin University of Technology, Western Australia.
Parks and Reserves Act 1895 (WA)
PaW – see Department of Parks and Wildlife
Pepping, M., Piersma, T., Pearson, G., and Lavaleye, M. (1999). Intertidal Sediments and Benthic Animals of Roebuck Bay, Western Australia. Texel, The Netherlands: Netherlands Institute for Sea Research (NIOZ).
Piersma, T, Pearson, GB, Hickey, R, Dittmann, S, Rogers, DL, Folmer, E, Honkoop, P, Drent, J, de Goeij, P, and Marsh, L, 2006, Research Report – Roebuck Bay Invertebrate and Bird Mapping 2006, viewed October 2015, http://www.rug.nl/research/animal-ecology/publications/_pdf/_2006/4piersma06.pdf.
Road Traffic Act 1974 (WA)
Roebuck Bay Working Group Inc., (undated), Creepy Crawlies and Mud, viewed October 2015, http://www.roebuckbay.org.au/our-bay/creepy-crawlies-and-mud/.
Searle, JA, 2012, Groundwater Resource Review, Dampier Peninsula, Hydrogeological Record Series, Report no. HG57, Department of Water, Perth.
Semeniuk Research Group, 2011, The Wetlands of the Yawuru Coastal Country, Broome Regional Area: The Coastal Wetlands, Stratigraphy and Hydrology, Natural Maintenance, Environmental and Geoheritage Significance, and Recommendations for Management, Report to Nyamba Buru Yawuru Ltd.
Semeniuk, V, 2008, ‘Holocene Sedimentation, Stratigraphy, Biostratigraphy, and History of the Canning Coast, North-western Australia’, Journal of the Royal Society of Western Australia, Supplement to vol. 91, Part 1, pp. 53–148, Royal Society of Western Australia, Perth.
Semeniuk, V., 1983, Regional and Local Mangrove Distribution in Northwestern Australia in Relationship to Freshwater Seepage, in Vegetation 53:11 – 31.
Shire of Broome, 2016, personal communication.
Storr, G., and Johnstone, R., 1983, ‘Amphibians and Reptiles’, in McKenzie, N., (ed.) Wildlife of the Dampier Peninsula, South-west Kimberley, Western Australia, Wildlife Research Bulletin Western Australia, Part VI, no. 11, pp. 70–74, Department of Fisheries and Wildlife, Perth.
Storr, G., Smith, L., and Johnstone, R., 2002, Snakes of Western Australia, Western Australian Museum, Perth.
Tourism Western Australia 2015, Australia’s North West – Overnight Visitor Fact Sheet Year Ending December 2014, viewed October 2015, http://www.tourism.wa.gov.au/Publications%20Library/Research%20and%20reports/Australia%27s%20North%20West%20YE%20Dec%202014%20Factsheet.pdf.
Trudgen, M., 2002, A Flora, Vegetation and Floristic Survey of the Burrup Peninsula, some Adjoining Areas and part of the Dampier Archipelago with Comparisons to the Florists of Areas on the Adjoining Mainland (Volume 1), ME Trudgen and Associates, Consultant Botanists, unpublished report prepared for the Department of Mineral and Petroleum Resources, Perth Western Australia.
Turpin, J., and Bamford, M., 2010, Fauna Assessment of the Broome Port Area, report prepared for Coffey Natural Systems by M.J. and A.R. Bamford, Consulting Ecologists, Kingsley, Western Australia.
Vogwill, R., 2003, Hydrogeology and Aspects of Environmental Geology of the Broome Area, Western Australia, PhD Dissertation (Applied Geology), Curtin University of Technology, Western Australia.
WAITOC 2014, 2013 – 2014 WAITOC Annual Report, viewed October 2015, http://www.waitoc.com/2014/waitoc-corporate-documents.
Waples K, 2007, Kimberley Biodiversity Review, Department of Environment and Conservation, Perth.
Water and Rivers Commission (WRC), 2001, Broome Water Reserve Water Source Protection Plan, Broome Town Water Supply, Waters and Rivers Commission Water Resource Protection Series Report No. WRP41. Waters and Rivers Commission Policy and Planning Division, Perth. Western Australia.
Western Australian Department of Planning and Urban Development (WADPUD), 1990, Cable Beach/Reddell Point Broome Development Concept Plan, Western Australian Department of Planning and Urban Development, Perth, Western Australia.
Wildlife Conservation Act 1950 (WA)
Yawuru – www.yawuru.com, accessed October 2015
Yawuru Registered Native Title Body Corporate, 2011, Walyjala-jala buru jayida jarringgun buru Nyamba Yawuru ngan-ga mirli mirli (Planning for the Future: Yawuru Cultural Management Plan) – the cultural management plan for Yawuru coastal country and the Yawuru Conservation Estate, Pindan Printing Pty Ltd, Broome, Western Australia.
YRNTBC 2011-see Yawuru Registered Native Title Body Corporate, 2011
Copies of the Yawuru cultural management plan are available from:
Nyamba Buru Yawuru
PO Box 425, Broome, WA, 6725
yawuru@yawuru.org.au
7.0 Acronyms
|
ANZECC |
Australia and New Zealand Environment and Conservation Council |
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BBO |
Broome Bird Observatory |
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BF Act |
Bush Fires Act 1954 (WA) |
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BPA |
Broome Port Authority |
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CALM Act |
Conservation and Land Management Act 1984 (WA) |
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CAMBA |
China-Australia Migratory Bird Agreement |
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CCWA |
Conservation Commission of Western Australia |
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CVA |
Conservation Volunteers Australia |
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DFES |
Department of Fire and Emergency Services (formerly Fire and Emergency Services Authority) |
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PaW |
Department of Parks and Wildlife (known as Parks and Wildlife; formerly Department of Environment and Conservation) |
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DoF |
Department of Fisheries |
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DMP |
Department of Mines and Petroleum |
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DoT |
Department of Transport |
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DoP |
Department of Planning |
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EP Act |
Environmental Protection Act 1986 (WA) |
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EPBC Act |
Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) |
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EPA |
Environmental Protection Authority |
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FRM |
Fish Resource Management Act 1994 (WA) |
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H |
High priority management strategy |
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H-KMS |
High key management strategy |
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ILUA |
Indigenous Land Use Agreement |
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IPA |
Indigenous protected area |
|
IUCN |
International Union for the Conservation of Nature |
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JAMBA |
Japan-Australia Migratory Bird Agreement |
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JMA |
Joint Management Agreement |
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KPI |
Key performance indicator |
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KTI |
Kimberley Training Institute |
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LA Act |
Land Administration Act 1997 (WA) |
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LG Act |
Local Government Act 1995 (WA) |
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L-KMS |
Low priority key management strategy |
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LNT |
Leave no trace |
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M-KMS |
Medium priority key management strategy |
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MOU |
Memorandum of understanding |
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MPRA |
Marine Parks and Reserves Authority |
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NT Act |
Native Title Act 1993 (Cwlth) |
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PEC |
Priority ecological community |
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RNTBC |
Registered Native Title Body Corporate |
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ROKAMBA |
Republic of Korea-Australia Migratory Bird Agreement |
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SKIPA |
Society for Kimberley Indigenous Plants and Animals |
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SoB |
Shire of Broome |
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TEC |
Threatened ecological community |
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TEK |
Traditional ecological knowledge |
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UCL |
Unallocated crown land |
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WAM |
Western Australian Museum |
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WADPUD |
West Australian Department of Planning and Urban Development (now Department of Planning) |
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WC Act |
Wildlife Conservation Act 1950 (WA) |
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WRC |
Water and Rivers Commission |
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YCE |
Yawuru Conservation Estate |
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YCMP |
Yawuru Cultural Management Plan |
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YPC |
Yawuru Park Council |
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Appendix 1 – Tenure of Reserves within Yawuru Minyirr Buru Conservation Park
|
Map No. |
ILUA Area |
Lot Details |
Reserve No.
|
Class |
Management Order |
Purpose |
Spatial Area (ha) |
|
|
|
Town site Areas (Yawuru Prescribed Body Corporate ILUA) |
|
||||||
|
1 |
Area 1, Schedule 9 |
Lot 450 on DP 72928 |
51115 |
A |
Care, control and management to Yawuru RNTBC and the Shire of Broome |
Conservation, recreation, and traditional and customary Aboriginal use and enjoyment |
144.1953 |
|
|
2 |
Area 2, Schedule 9 |
Lot 520 on DP 71094 |
50994 |
A |
Care, control and management to Yawuru RNTBC and the Shire of Broome |
Conservation, recreation, and traditional and customary Aboriginal use and enjoyment |
294.83 |
|
|
3 |
Area 2.5, Schedule 9 |
Lot 301 on DP 71518 |
50994 |
A |
Care, control and management to Yawuru RNTBC and the Shire of Broome |
Conservation, recreation, and traditional and customary Aboriginal use and enjoyment |
165.36 |
|
|
4 |
Area 3, Schedule 9 |
Lot 601 on DP 70309 |
51106 |
C |
Care, control and management to Yawuru RNTBC and the Shire of Broome |
Conservation, recreation, and traditional and customary Aboriginal use and enjoyment |
268.48 |
|
|
5 |
Area 4, Schedule 9 |
Lot 400 on DP 70309 |
51106 |
C |
Care, control and management to Yawuru RNTBC and the Shire of Broome |
Conservation, recreation, and traditional and customary Aboriginal use and enjoyment |
22.314 |
|
|
6 |
Area 5, Schedule 9 |
Lot 450 on DP 72936 |
51304 |
A |
Care, control and management to Yawuru RNTBC and the Shire of Broome |
Conservation, recreation, and traditional and customary Aboriginal use and enjoyment |
63.519 |
|
|
7 |
Area 6, Schedule 9 |
Lots 560 and 562 on DP 71526 |
52308
|
C
|
Care, control and management to Yawuru RNTBC and the Shire of Broome |
Conservation, recreation, and traditional and customary Aboriginal use and enjoyment |
20.851 |
|
|
8 |
Area 7, Schedule 9 |
Lot 602 on DP 70310 |
51106 |
C |
Care, control and management to Yawuru RNTBC and the Shire of Broome |
Conservation, recreation, and traditional and customary Aboriginal use and enjoyment
|
1.3650 |
|
|
9 |
Area 9, Schedule 9 |
Lots 521, 524 and 525 on DP 71095 |
50994 |
A |
Care, control and management to Yawuru RNTBC and the Shire of Broome |
Conservation, recreation, and traditional and customary Aboriginal use and enjoyment |
8.7476 |
|
|
10 |
Area 10, Schedule 9 |
Lot 560 on DP 72599 |
51176 |
A |
Care, control and management to Yawuru RNTBC and the Shire of Broome |
Conservation, recreation, and traditional and customary Aboriginal use and enjoyment |
3.3342 |
|
|
11 |
Area 12, Schedule 9 |
Lot 389 on DP 72932 |
51114 |
C |
Care, control and management to Yawuru RNTBC and the Shire of Broome |
Conservation, recreation, and traditional and customary Aboriginal use and enjoyment |
247.916 |
|
|
12 |
Area 13 “Port Excision Area”, Schedule 9 |
Lot 603 on DP 70311 |
51001 |
C |
Care, control and management to Yawuru RNTBC and the Shire of Broome |
Conservation, recreation, and traditional and customary Aboriginal use and enjoyment |
12.886 |
|
|
13 |
Area 14 “Port Excision Area”, Schedule 9 |
Lot 620 on DP 70861 |
51001 |
C |
Care, control and management to Yawuru RNTBC and the Shire of Broome |
Conservation, recreation, and traditional and customary Aboriginal use and enjoyment |
10.406 |
|
|
14 |
Area 14a “Port Excision Area”, Schedule 9 |
Lot 622 on DP 70861 |
51001 |
C |
Care, control and management to Yawuru RNTBC and the Shire of Broome |
Conservation, recreation, and traditional and customary Aboriginal use and enjoyment |
1.0427 |
|
|
15 |
Area 15 “Port Excision Area”, Schedule 9 |
Lot 623 on DP 70861 |
51001 |
C |
Care, control and management to Yawuru RNTBC and the Shire of Broome |
Conservation, recreation, and traditional and customary Aboriginal use and enjoyment |
13.781 |
|
|
|
Town site Areas (Yawuru Area Agreement ILUA) |
|||||||
|
16 |
Part 2(a), Schedule 7 |
Lot 750 on DP 75607 |
51901 |
A |
Care, control and management to Yawuru RNTBC and the Shire of Broome |
Conservation, recreation, and traditional and customary Aboriginal use and enjoyment |
5.3854 |
|
|
17 |
Part 2(a) Schedule 7 |
Lot 1195 on DP 181457 |
51106 |
C |
Care, control and management to Yawuru RNTBC and the Shire of Broome |
Conservation, recreation, and traditional and customary Aboriginal use and enjoyment |
3.4317 |
|
|
18 |
Part 2(a) Schedule 7 |
Lot 561 on DP 71526 |
52308 |
C |
Care, control and management to Yawuru RNTBC and the Shire of Broome |
Conservation, recreation, and traditional and customary Aboriginal use and enjoyment |
35.7125 |
|
|
19 |
Part 2(a) Schedule 7 |
Lot 447 on DP 116035 |
51176 |
A |
Care, control and management to Yawuru RNTBC and the Shire of Broome |
Conservation, recreation, and traditional and customary Aboriginal use and enjoyment |
0.0685 |
|
|
20 |
Part 2(b) Schedule 7 |
Lots 614 and 615 on DP 70854 |
51123 |
C |
Care, control and management to Yawuru RNTBC and the Shire of Broome |
Conservation, recreation, and traditional and customary Aboriginal use and enjoyment |
61.009 |
|
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9.1.5 Appointment of Members to the Broome Urban Renewal Community and Stakeholder Reference Group LOCATION/ADDRESS: Nil APPLICANT: Nil FILE: EDP009 AUTHOR: Manager Community Development CONTRIBUTOR/S: Acting Projects Coordinator RESPONSIBLE OFFICER: Deputy Chief Executive Officer/Director Community & Economic Development DISCLOSURE OF INTEREST: Nil DATE OF REPORT: 6 July 2016 |
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SUMMARY: This report requests Council to appoint members to the Broome Urban Renewal Community and Stakeholder Reference Group. The applications are contained in full, along with recommendations for appointment, in the confidential attachment to the report. |
BACKGROUND
Previous Considerations
OMC 25 February 2016 Item 9.3.2
OMC 30 June 2016 Item 9.2.3
At the OMC held on the 30 June 2016, Council endorsed the Terms of Reference for the Urban Renewal Community and Stakeholder Reference Group and resolved as follows:
That Council:
1. Endorses the Memorandum of Understanding between the Shire of Broome and Housing Authority as per Attachment 1 to this report and authorises the Shire President and Chief Executive Officer to engross the document as required.
2. Agrees to establish the Broome Urban Renewal Community and Stakeholder Reference Group and endorses the Terms of Reference as per Attachment 2 to this report.
3. Appoints Cr M Fairborn to the group and Cr B Rudeforth, and nominates Cr R Johnston as the Chairperson.
4. Requests the Chief Executive Officer to:
(a) Invite the following agencies and organisations to nominate a representative to the Broome Urban Renewal Community and Stakeholder Reference Group:
(i) Nyamba Buru Yawuru Ltd;
(ii) Kimberley Development Commission;
(iii) Department of Child Protection and Family Support;
(iv) Mamabulanjin Aboriginal Corporation (Kularri Patrol); and
(v) Another Aboriginal Support Group as determined by the Chief Executive Officer.
(b) Advertise in the local media seeking nominations for 2 community representatives each from the:
(i) Dora Street Precinct;
(ii) Anne Street Precinct; and
(iii) Cable Beach Precinct.
(c) Seek feedback from the Broome Urban Renewal Community and Stakeholder Reference Group on the proposed governance model as it is developed and prior to presentation to Council.
(d) Liaise with Department and Lands and Housing Authority to investigate the availability of the McMahon Oval to be considered as part of the Urban Renewal Initiative.
CARRIED UNANIMOUSLY 7/0
COMMENT
The Broome Urban Renewal Community and Stakeholder Reference Group will provide input to the Broome Urban Renewal Strategy at key stages of the development, as well as to support, guide and champion broader community participation.
The Urban Renewal Strategy, which will be undertaken by the Western Australian Housing Authority and Shire of Broome, will seek to achieve the following outcomes:
· Improved local amenity and liveability for residents;
· Improved housing diversity and choice;
· Revitalised housing stock that is more closely aligned to current and future housing needs;
· The creation of local affordable housing options;
· An appropriate distribution of social housing in the community;
· Increased dwelling yields, where appropriate and where supported by the local planning process; and
· New dwellings that are responsive to local climate, cultural and lifestyle considerations.
Expressions of Interest were sought seeking nominations for 2 community representatives from the:
(a) Dora Street Precinct;
(b) Anne Street Precinct; and
(c) Cable Beach Precinct.
A closing date of 14 July 2016 was set for expressions of interest to enable time for applications to be considered by Council for the July 2016 OMC. The Department of Housing was also conscious of activating the group as soon as possible to begin the engagement process for the project.
A total of 16 applications were received from landowners, a Housing Authority tenant and private tenants in the Dora Street, Anne Street and Cable Beach precincts.
The applications were considered by the Joint Working Group consisting of representatives from the Shire of Broome and the Housing Authority. Regard was given to the Terms of Reference of the Broome Urban Renewal Community and Stakeholder Reference Group, noting the role of the Group is to “provide direct input into the strategy development, but also to support, guide and champion broader community participation.” Minutes of the Joint Working Group meeting are included for Council’s information as a confidential attachment to this report.
In addition to the establishment of a Community and Stakeholder Reference Group, a range of methods will be used to consult and engage the community in the development of the urban renewal strategy. As part of the community engagement process focus groups will be facilitated for each of the three precincts to ensure adequate and appropriate opportunities for residents, landowners and key service organisations to have an input into the urban renewal strategy process. Given the positive interest shown during the nomination process, the Joint Working Group recommends that all applicants are invited to participate in the precinct level focus group sessions.
The applications in full, along with recommendations for appointment, are contained in the confidential attachment to this report for Council’s consideration.
CONSULTATION
Expressions of interest for the Broome Urban Renewal Community and Stakeholder Reference group were received from Monday 4 July to Thursday 14 July 2016 and were advertised in the West Australian, Broome Advertiser, Shire News, on the Shire website and Facebook page. Expression of Interest Application Forms were available on the Shire of Broome website.
STATUTORY ENVIRONMENT
Nil
POLICY IMPLICATIONS
Nil
FINANCIAL IMPLICATIONS
Nil
RISK
The establishment of the Urban Renewal Community and Stakeholder Reference Group will be a key method of community engagement for the Urban Renewal Initiative Project. Strong engagement will help mitigate any risk of misalignment between project expectations and project outcomes.
STRATEGIC IMPLICATIONS
Our People Goal – Foster a community environment that is accessible, affordable, inclusive, healthy and safe:
Effective communication
Affordable services and initiatives to satisfy community need
Accessible and safe community spaces
A healthy and safe environment
Our 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
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:
Responsible resource allocation
Effective community engagement
VOTING REQUIREMENTS
Simple Majority
|
That Council; 1. Appoints members to the Broome Urban Renewal Community and Stakeholder Reference Group in accordance with the Recommendation for Appointment in the confidential attachment to this report. 2. Requests the Chief executive officer to invite all applicants to participate in the precinct area focus group sessions to be conducted as part of the community engagement process. |
|
Applications and Recommendation for Appointment (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”. |
|
|
Minutes of the Joint Working Group |
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Item 9.1.5 - Appointment of Members to the Broome Urban Renewal Community and Stakeholder Reference Group |
Joint Working Group Meeting
Minutes
Meeting 02
18 July 2016, 4.00pm
Via Telephone from HA East Perth and Shire of Broome
Attending
Amanda Shipton (AS) – Development Manager, Complex Projects, HA
Shayne Hills (SH) – Regional Manager, Service Delivery, HA
Sam Mastrolembo (SM) – Deputy CEO, SoB
Amy Andison (AA) – A/Director Community and Economic Development, SoB
Aletta Nugent (AN) – Director Development Services, SoB
Cane Spaseski (CS) – Project Manager, Complex Projects, HA
Apologies
Monica Sullivan (MS) – Strategic Planning Coordinator, SoB
|
1.0 |
Minutes and Actions from Meeting 1 · The main purpose of the Meeting was to assist with the selection of the Community & Stakeholder Reference Group (C&SRG) from the nominations process that closed on 14 July 2016 and to make recommendations to Council for consideration at their next meeting on 28 July 2016.
· The minutes from meeting 1 held on 7 July 2016 were accepted as true record. All actions are being dealt with or form part of the agenda. |
ACTIONS |
|
2.0 |
Community and Stakeholder Reference Group · After the close of nominations on the 14 July 2016, the Shire of Broome has received 16 nominations from stakeholders in the three precincts for consideration to be considered to be part of C&SRG (see attached summary).
· There are six spots to be filled from the nominations, two representatives from each precinct.
· The JWG acknowledges that all the nominations are of very high calibre and choosing 6 from a field of 16 was a very difficult task.
· Regard was given to the Terms of Reference of the Broome Urban Renewal Community and Stakeholder Reference Group, noting the role of the Group is to “provide direct input into the strategy development, but also to support, guide and champion broader community participation.” The JWG agreed on the following selection criteria to assist with the process, that members: o Identify connection to the precincts and are also tenants or landowners; o Represent a diversity of interest which may be beneficial to the urban renewal strategy process; & o Have a good understanding of the issues and offer other skills which may be beneficial to the urban renewal strategy process.
· Based on the above criteria and lengthy deliberations the JWG agreed to put forward the following members for consideration: o Dora Street Precinct – Roseanne McCreanor and Allison Stout; o Anne Street Precinct – Darryn Mitchell and Anne Jennings; and o Cable Beach Precinct – Valerie Anne Albert and Kenneth Molyneux.
· The JWG agreed that given the positive interest shown during the nomination process, the unsuccessful candidates will be invited to participate in the precinct level focus groups sessions. The formation of focus groups for each of the 3 precincts will ensure adequate and appropriate opportunities for residents, landowners and key service organisations to have an input into the urban renewal strategy process.
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1. Recommend to the Shire of Broome Council the following precinct members to complete the C&SRG: (1) Dora Street Precinct – Roseanne McCreanor and Allison Stout; (2) Anne Street Precinct – Darryn Mitchell and Anne Jennings; and (3) Cable Beach Precinct – Valerie Anne Albert and Kenneth Molyneux.
2. Advise the Shire of Broome Council that the unsuccessful candidates will be invited to participate in the precinct level focus groups sessions.
3. The Shire of Broome will send out invites to the following organisations to nominate a representative on the C&SRG: (1) Yawuru; (2) Aboriginal community organisations x 2; (3) Kimberley Development Commission; and (4) Department of Child Protection. |
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3.0
|
Community Consultation · The JWG discussed the following potential months for meetings, consultation and workshops: o August meeting with C&SRG to inform and verify approach; o September workshops with C&SRG & precinct focus groups; o October workshops with C&SRG & precinct focus groups; o December presentations to C&SRG & precinct focus groups.
|
4. Following Council endorsement on 28 July 2016, specific dates for meetings and consultations will be fixed.
5. Meetings and workshops with C&SRG will be held at the Shire of Broome.
6. Workshops with precinct focus groups will be held in the respective precincts. |
|
4.0 |
General Business There was no general business for discussion.
|
|
Next Meeting, prior to convening C&SRG in August 2016
Date: TBD
Time: TBD
Location: Broome
9.2

PRIORITY STATEMENT
The Shire of Broome has an abundance of unique natural features, coastal attractions, significant streetscapes, historic precincts and a mix of old and new urban developments.
Our aim is for all communities and settled areas, including the Broom Township, to be a place where the natural environment, on which life depends, is maintained, whilst at the same time the built environment contributes to the economy and a quality lifestyle for all.
Preserving the Shire’s natural environment is a critical community outcome. Council will put into place strategies that nurture and improve the Shire’s unique environment and biodiversity.
The Shire will work in partnership with the community and other agencies to ensure responsible and accountable management of both the natural and build environments is achieved in the short term and for future generations.
|
9.2.1 FINAL ADOPTION OF THE CABLE BEACH DEVELOPMENT STRATEGY LOCATION/ADDRESS: Precinct 11 in the Shire of Broome Local Planning Strategy, being the tourist accommodation area at Cable Beach, adjoining coastal land fronting Cable Beach Road West and the adjacent residential area. APPLICANT: Nil FILE: PLA80 AUTHOR: Strategic Planning Coordinator CONTRIBUTOR/S: Nil RESPONSIBLE OFFICER: Director Development Services DISCLOSURE OF INTEREST: Nil DATE OF REPORT: 10 June 2016 |
|
SUMMARY: The draft Cable Beach Development Strategy (the Strategy) was publicly advertised during May 2016 with 40 submissions received. Officers have considered the submissions and this report recommends that Council adopt the Strategy subject to minor modifications. As the Strategy will replace the 2003 Cable Beach Development Plan, it is further recommended that the 2003 plan be formally revoked. |
BACKGROUND
Previous Considerations
OMC 4 February 2003 Item 9.2.6
OMC 8 April 2003 Item 9.2.7
OMC 29 April 2003 Item 9.2.3
OMC 13 March 2008 Item 9.3.4
OMC 26 August 2008 Item 9.3.3
OMC 23 October 2008 Item 9.5.1
OMC 17 December 2008 Item 9.3.1
OMC 19 February 2009 Item 9.3.6
OMC 19 April 2009 Item 9.5.2
OMC 28 April 2016 Item 9.1.1
COMMENT
At its Ordinary Meeting on 28 April 2016 Council resolved to advertise the draft Cable Beach Development Strategy for a period of 21 days and endorsed a Community Engagement Plan which set out activities to be undertaken during the advertising period. The advertising period concluded on 1 June 2016 and Council is required to consider the outcomes of this process.
The Strategy consists of two parts:
Part 1: Strategy Text
· Vision
The vision for the Cable Beach Tourist Precinct echoes what is included in the Shire’s
LPS and includes the following:
The Cable Beach Tourist Precinct will continue to function as the major leisure tourism area of the Shire, including tourist accommodation, restaurants, bars and leisure activities on and around Cable Beach.
· Overarching Principles
Three overarching principles have been identified for the Precinct, including:
1. Respect, preserve, enhance and celebrate attributes of the natural environment
and the area’s rich culture and heritage.
2. Encourage continued vibrancy through a tourist orientated product that allows for various activities and experiences to be enjoyed.
3. Encourage continued enjoyment of recreational opportunities.
· Strategy Plan
A Strategy Plan (Figure 3) representing key spatial elements of the draft Strategy is
included. This will be the key reference plan for guiding development within the Cable Beach Precinct. The Strategy Plan designates certain streets as ‘Priority Active Frontages’ and ‘Small-Scale Retail Strip’, identifies current or proposed zoning of land parcels and sets out the Hidden Valley visual line.
· Key Themes
Four key themes are proposed, including:
o Land Use;
o Built Form;
o Movement; and
o Public Realm.
Each theme is broken down into two sections:
o Development Control provisions – which will be used by staff and Council when assessing Development Applications.
o Shire of Broome Direction – which will guide the Shire in undertaking strategic planning, future projects, and investment in infrastructure.
This structure is designed to clearly set out which provisions developers must address
through the Development Application process and which provisions provide corporate direction to the Shire.
· Concept Plan
A Concept Plan (Figure 4) and accompanying text is included, the intent of which is similar to the Concept Plans included in the Chinatown and Old Broome Development Strategies. The Concept Plan visually depicts how elements of the Strategy could be realised. Many of the actions included in the Concept Plan are
beyond the scope of the land use planning system and may require partnerships between the Shire, the State, local businesses and community groups. The Strategy recommends that a Master Plan be prepared for the Cable Beach Foreshore Reserve (Reserve 36477) to further explore the elements on the Concept Plan at a sufficient level of detail to seek funding for their implementation.
Part 2: Background Information
This part of the Strategy contains background information and analysis which informed the recommendations in Part 1, including a summary of previous planning work, an opportunities and constraints analysis, information on tourism trends and a retail needs assessment. It also contains the Outcomes Report summarising the preliminary community engagement process that was undertaken in 2015.
SUBMISSIONS RECEIVED
At the close of the advertising period 40 formal submissions were received. Detailed Officer comment with respect to each submission is provided in Attachment 1 – Schedule of Submissions. The following key issues have been identified in the submissions:
1. Location of vehicle access ramp
2. Potential for 5 storey building
3. Backpacker camping area
4. Lack of information about cultural and environmental values
5. ‘Tourism’ zoning limiting development
A summary of the issues raised, officers’ rationale and recommendations to Council is set out below.
1. Location of vehicle access ramp
Issue
The Strategy recommends investigating options to relocate the vehicle access ramp onto Cable Beach, and provides three ‘initial’ options, including:
· A new access in the stormwater drainage easement to the north of the Broome Camp School;
· Formalisation of an access track from the northern end of Lullfitz Drive; and
· A new access from McGuigan Road south of Coconut Well.
A range of submissions were received debating the merits of the various options, with the majority in opposition either to the Camp School option or the Lullfitz Drive option. Generally, submissions were supportive of retaining vehicle access somewhere along Cable Beach, with some recommending it be left as is.
Rationale
The current access is not ideal as it requires vehicles to traverse over the exposed rocks which are culturally significant to the Yawuru people. Further, the existing access separates the Amphitheatre from the rest of the foreshore and has the potential to cause conflict between different types of foreshore and beach users.
The Strategy identifies some known constraints associated with the various ‘initial’ relocation options and acknowledges that all options require further investigation. This can be done at a high level through the preparation of the Foreshore Master Plan. To ensure that the investigation of future options is not constrained, Officers recommend that reference to ‘three’ initial options be removed and an additional option be included allowing for any other location that may be identified on land north of the current access ramp and south of Coconut Well.
Some submitters queried whether the existing access will be closed regardless of whether a suitable alternative can be sourced. The Officers’ response in this regard was based on previous decisions of Council which indicated Council’s support for continued vehicle access onto Cable Beach. Therefore it is envisaged that if alternative access can not be achieved elsewhere due to cultural, environmental, social, financial, and/or land tenure reasons, then the current access point will remain.
Recommendation
Officers recommend noting the various submissions in relation to the vehicle access, with a comment that the initial options are preliminary and will require further due diligence investigations before a final position of Council can be reached. Officers further recommend that an additional option be included in the draft Strategy stating that other options may be identified to the north of the current access and to the south of Coconut Well.
2. Potential for a 5 storey building
Issue
The draft Strategy proposes a relaxation of the height restrictions in Local Planning Scheme No. 6 (LPS6) on Lots 1640 and 2212 Cable Beach Road West (the former location of the Malcolm Douglas Crocodile Park) to allow for a five-storey building. A number of submissions were received in opposition to this concept. Submitters raised concern over the potential visual impact of such development and believed it would jeopardise the laid back character of Cable Beach.
Rationale
Relaxation of development control provisions as an incentive for tourism development is supported by the Western Australian Planning Commission (WAPC) and the National Tourism Planning Guide. The old crocodile park site was chosen for this as it has frontage to two ‘Priority Active Frontages’ (Sanctuary Road and Cable Beach Road West), it is directly across from the main entry into Cable Beach, and it is situated on the eastern side of Cable Beach Road West to ensure adequate separation from the foreshore.
Officers further note that in order to exercise its discretion to vary a provision of the local planning scheme, Council must be satisfied that the proposal is appropriate with regard to the matters to be considered under Clause 67 of the deemed provisions. These matters include:
(m) the compatibility of the development with its setting including the relationship of the development to development on adjoining land or on other land in the locality including, but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the development;
(n) the amenity of the locality including the following
(i) environmental impacts of the development;
(ii) the character of the locality;
(iii) social impacts of the development.
These provisions will ensure that development will only be supported if is compatible with other development in the precinct and will not compromise the visual amenity or the character of the locality.
Recommendation
Officers do not recommend any changes to the Strategy as a result of these submissions.
3. Backpacker camping area
Issue
Some submitters did not support a backpacker camping area in the Surf Club car park. Concerns included decreased amenity and increased rubbish, noise, and anti-social behaviour, and the cost associated with running the facility. There was also some suggestion that such area would be economically detrimental to existing caravan park operators. It is noted this view was not unanimous with some submitters expressing support for the proposal.
Rationale
The intent of the backpacker camping area was to enable Council to investigate ways to address an ongoing amenity issue in a way that is visitor friendly and continues to promote Broome as a desirable tourist destination. Whilst investigations into the feasibility and form of this will be undertaken as part of the Foreshore Master Plan, it is considered that many of the submitter concerns could be addressed through requiring campers to obtain a permit which limits length of stay (in other locations, generally no more than 48 hours), number of users and hours of occupancy.
Recommendation
Officers recommend inserting additional text in the description of the Backpacker Camping Area to indicate that it the area could be controlled by a permit system with length of stay, hours of operation and number of users limited.
4. Lack of information about cultural and environmental values
Issue
Whilst the Strategy includes ‘Respect, preserve, enhance and celebrate attributes of the natural environment and the area’s rich culture and heritage’ as the first overarching principle, some submitters considered there was not enough information provided about the area’s natural and cultural values and the economic opportunities that can come from promoting these values.
Rationale
Cultural heritage is discussed in a number of sections of the Strategy. Upon closer review of the Strategy, Officers acknowledged that there is not a section dedicated to environmental values, which form a key part of the character of Cable Beach. In light of this, Officers recommend inserting an additional section under ‘Opportunities’ in Part 2 of the Strategy entitled ‘Unique Natural Environment,’ to contain a description of relevant environmental features in the Precinct.
Additionally, Officers consider that recognition of the economic opportunities associated with the promotion of cultural and natural heritage is warranted. Research conducted by Tourism WA states the 83% of international and 66% of domestic visitors to WA are seeking Aboriginal tourism experiences, with most are unsuccessful in doing so. This provides an exciting opportunity for Yawuru (and potential partners), particularly in areas such as Minyirr Park which are directly adjacent to the Cable Beach Precinct.
Recommendation
Officers recommend:
· Including an additional section under the ‘Opportunities’ heading in Part 2 of the Strategy entitled ‘Unique Natural Environment’; and
· Including an additional element on the Concept Plan in the location of Minyirr Park entitled ‘Ecological and Cultural Tourism.’
5. ‘Tourism’ zoning limiting development
Issue
Some submitters considered that the ’Tourist’ zoning is the fundamental issue that is limiting new development in the Cable Beach Precinct, particularly that LPS6 requires a minimum of 60% of tourist development to comprise short stay accommodation units, with the remaining 40% able to be used for permanent residential occupancy. These submissions suggested a ‘Mixed Use’ zoning, or no limit on the amount of units that can be used for residential, would be more likely to stimulate investment.
Rationale
The question of how much permanent residential development to allow in the Cable Beach Precinct is a longstanding matter of debate, and is included in the Strategy as a ‘Constraint.’ Notwithstanding this, the ’60-40% split’ is included in LPS6, and Officers consider that maintaining this is necessary to achieve the objective of the Precinct in the Local Planning Strategy, being:
Establish Precinct 11 as the major leisure tourism area of the Shire, including hotels, restaurants, bars tourist accommodation and leisure tourism activities on and around Cable Beach.
Nominating a maximum percentage of residential development within a ‘Tourist’ zone is consistent with the WAPC’s Planning Bulletin 83 – Planning for Tourism and Officers do not recommend any changes to this. However, Officers consider allowing minor variations to the existing Scheme provisions in certain portions of the Precinct may stimulate development.
Clause 4.42.1(c)(vi) of LPS6 states, with respect to an integrated tourist development comprising both short stay and permanent residential use: ‘if the development is to be staged, the residential development will not precede tourist land use.’ This provision is in place to ensure that a developer does not build the residential component and then move on, which has happened in the Precinct and adversely impacted upon amenity. However it is often cited as a constraint to obtaining financing as banks more readily lend for residential use.
Officers consider that along streets designated as ‘Priority Active Frontages,’ a tourist-orientated commercial development with active frontage to the street can be considered a ‘tourist land use’ for the purpose of the above clause. Essentially, this would allow for the tourist-orientated commercial development to occur as ‘Stage 1’ and the permanent residential component to form ‘Stage 2’ of an integrated tourist development, if certain conditions are met.
Further, Officers noted that whilst the Strategy articulates that ‘stand-alone’ commercial development will be considered in the ‘Small Scale Retail Strip’, there are no Development Control provisions associated with this. The intent behind ‘Small Scale Retail Strip’ (which extends approximately 200m along both sides of Sanctuary Road) is to allow for a limited amount of boutique retail, along with other active uses, in a form similar to what exists at Willie Creek Pearls on Lot 301 Challenor Drive. To better articulate this outcome in the Strategy, Officers recommend an additional Development Control provision that states short-stay accommodation is not required along the ‘Small Scale Retail Strip,’ however all tenancies are to be limited to 175m2 in size and each tenancy must have active frontage to Sanctuary Road.
Recommendation
Officers recommend:
· Inserting an additional Development Control provision in Section 3.5.1 – Land Use to clarify that the local government may consider tourist-orientated commercial development with frontage to the street(s) designated as ‘Priority Active Frontages’ to be a ‘tourist land use’ for the purposes of Clause 4.42.1(c)(vi) of LPS6, and such development may be undertaken as ‘Stage 1’ of an integrated tourism development, with permanent residential development as ‘Stage 2’, if the following criteria are met to the satisfaction of the local government:
· A Development Application is lodged which shows the full development of the site, including a future component of short-stay accommodation; and
· The tourist-orientated commercial land use is designed to meet the objectives of the ‘Tourist’ zone in LPS6 and this Strategy.
· Inserting an additional ‘Development Control’ provision in Section 3.5.1 – Land Use to clarify that short stay accommodation is not required along the ‘small scale retail strip,’ however all tenancies are to be limited to 175m2 and must have active frontage to Sanctuary Road.
Attachment 1 – Schedule of Submissions
As a result of the submissions received, additional minor modifications are recommended to the text for clarity and consistency. These are shown in the ‘tracked changes’ version of the Strategy in Attachment 2 and a ‘clean’ version of the Strategy with all changes accepted in Attachment 3.
Attachment 2 – Cable Beach Development Strategy with Proposed Modifications as Tracked Changes
Attachment 3 – Cable Beach Development Strategy with Proposed Modifications Accepted
Department of Planning Comment
Officers at the Department of Planning reviewed the Strategy and provided feedback. This is included as Attachment 4 to this report. A summary of the Department’s comments and officer’s responses are provided in the table below.
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Department of Planning Comment |
Officer’s Response |
Recommendation |
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The Strategy should explain that the role of the Strategy is to guide development in the precinct and assist Council in making recommendations on subdivision and that it does not have the statutory effect of the Scheme. |
The role of the Strategy is explained in Sections 1.1 and 3.3, where it states that the Development Control provisions will be used by staff and Council when assessing Development Applications and subdivision referrals. |
No modifications to the Strategy required. |
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Section 3.3 should state the Development Control provisions are guidelines only and development will be assessed against the provisions of the Scheme. |
This has always been the intent of the Strategy and the Development Control provisions will function similarly to a Local Planning Policy in that they will guide staff and Council in the exercise of discretion under the Scheme but do not supersede the Scheme provisions.
Whilst this is already implicit there is no objection to including additional wording in 3.3 for clarity. |
Inserting an additional clause under ‘Development Control provisions’ to state:
Which will be used by staff and Council when assessing Development Applications and subdivision referrals and will guide the exercise of discretion under Local Planning Scheme No. 6. |
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The Strategy Plan recommends that the residential area around the Frangipani Resort be rezoned from ‘Tourism’ to ‘Residential.’ This area also contains Reserves for Public Open Space and Drainage which would also have to be rezoned accordingly. |
This is noted and it is recommended that the Strategy Plan be updated to show Reserves 48607 and 48608 as ‘Public Open Space’ to reflect their current tenure and use. |
Amending Reserves 48607 and 48606 to ‘Public Open Space’ on the Strategy Plan. |
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There is concern that some of the uses shown as ‘Not Preferred’ and ‘Inappropriate’ in the tables in Section 3.5.1 – Land Use are permitted, discretionary, or discretionary subject to advertising under Local Planning Scheme No. 6. Whilst the Strategy states that uses in these columns may be approved subject to certain criteria being met, it is considered there is some ambiguity as to whether these tables are consistent with the Scheme.
To address this it is recommended that: 1. Any ‘permitted’ uses under LPS6 be included in the ‘preferred’ column; 2. The ‘Not Preferred’ and ‘Inappropriate’ columns be removed, and 3. The ‘Development Control’ provision relating to the table be re-worded to reflect that uses not shown as preferred may be approved if certain conditions are met. |
Officers acknowledge that any ‘permitted’ uses in LPS6 should not be shown as ‘not preferred’ or ‘inappropriate’ to ensure consistency with the Scheme. However it is noted that some of these uses do not correspond with the intent of the ‘Priority Active Frontages’ or ‘Small Scale Retail Strip’ designations and therefore it is not recommended to include these uses in the ‘Preferred’ column. Rather, officers recommend amending the corresponding text to indicate that the tables only apply to uses that are ‘D’ (discretionary) or ‘A’ (discretionary subject to advertising) in the Zoning Table of LPS6.
With respect to the ‘Not Preferred’ and ‘Inappropriate’ tables, officers consider that these are appropriate for ‘D’ or ‘A’ uses as they will guide the exercise of Council’s discretion in considering these uses. However, the changes recommended by the Department of Planning will have little material impact on how development applications for these uses are assessed, as they will still have to demonstrate that the use will have no adverse impact on adjoining properties and is appropriate in relation to other existing uses in the area. Therefore the Department’s recommendations in points 2 and 3 are supported. |
1. Amending 3.5.1(i) and 3.5.1(ii) to state:
The
following ‘preferred,’
2. Deleting the ‘Not Preferred’ and ‘Inappropriate’ Columns in 3.5.1(i) and 3.5.1(ii).
3. Amending 3.5.1(iii) to state:
Uses not
identified as · The proposed development will not have an adverse impact on adjoining properties; and · The proposed development is considered to be appropriate in relation to other existing uses within the area. |
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It is suggested with respect to the Backpacker Camping Area that the Strategy identifies that approvals other than the Shire will be required for this to be granted approval, both in the short and long term. |
As discussed in the Strategy, the ideas in the Concept Plan are indicative and will be used to establish the strategic direction for the preparation of a detailed Foreshore Master Plan. Approval requirements for the Backpacker Camping Area will be considered as part of this process. Nothing in the Strategy supersedes or minimises requirements imposed under other legislation. |
No modifications to the Strategy required. |
The modifications resulting from the Department of Planning feedback are shown on the modified versions of the Strategy in Attachments 2 and 3.
CONSULTATION
Community Engagement on the draft Strategy was undertaken in May 2016 in accordance with a Community Engagement Plan endorsed by Council at its April 2016 Ordinary Meeting. This included:
· Mail out to landowners and stakeholders in the Precinct;
· Media Release and information available on Shire website, Facebook page and in the Administration office;
· Two public notices in the Broome Advertiser on 12 May and 19 May;
· ABC Radio Interview with the Director Development Services on 12 May; and
· Shire staff were available through the advertising period to meet and discuss the draft Strategy.
Outcomes of the community engagement are discussed above and in Attachment 1. It is noted that an extensive preliminary community engagement program was also undertaken in 2015 and is summarised in Appendix 1 to Part 2 of the Strategy.
STATUTORY ENVIRONMENT
Planning and Development Act 2005
Shire of Broome Local Planning Strategy
Local Planning Scheme No. 6
Local Planning Strategy
3.3 Precincts
It is anticipated that ‘Development Strategies’ and/or design guidelines may be prepared
for each of the precincts or sub-precincts indicated therein. The content of these development strategies and Design Guidelines will be adopted by Council as Local Planning Policies. The ‘Development Strategies’ will guide development within the precincts and assist Council in making recommendations to the WAPC on subdivisions, Design Guidelines will similarly be utilised to assist in assessing subdivisions and development applications.
3.3.1.2 Precinct 11 (Cable Beach Tourist)
Precinct 11 comprises the tourism accommodation area at Cable Beach, adjoining coastal land fronting Cable Beach Road West and the adjacent residential area.
Objective:
1. Establish Precinct 11 as the major leisure tourism area of the Shire, including hotels, restaurants, bars, tourist accommodation and leisure tourism activities on and around Cable Beach.
Guidelines:
· Retail development within the precinct shall be in accordance with the Broome Local Commercial Strategy.
· Subdivision and development should have regard to the Cable Beach Development Strategy.
Local Planning Scheme No. 6
4.14 Tourist Zone
4.14.1 The purpose of the Tourist Zone is to contribute to a desirable tourist destination
through provision of visitor accommodation including caravan parks and
associated retail and service facilities.
4.14.2 The objectives of the Tourist Zone are to:
(a) ensure that short term tourist and holiday accommodation are the
predominant land uses in this zone;
(b) encourage development of a range of tourist activities and accommodation
types;
(c) promote a high level of connectivity in pedestrian and other movement
networks to maximise access to destinations and activity nodes and
contribute to a positive tourist experience; and
(d) encourage development in accordance with relevant development
strategies and design guidelines.
4.42 Development in the Tourist Zone
4.42.1 Site and Development Requirements:
(a) Development shall be consistent with any relevant endorsed development strategy and any relevant design guidelines.
POLICY IMPLICATIONS
Nil.
FINANCIAL IMPLICATIONS
The adoption of the Strategy will not commit Council to any financial expenditure. Actions identified in the draft Strategy as ‘Shire of Broome Direction’ and/or depicted on the Concept Plan will require consideration and prioritisation by Council through the review of the Strategic Community Plan and Corporate Business Plan, as well as by individual departments through the annual budgeting process. The timeframe for implementing actions will be contingent on funding availability (including, where relevant, grant funding) and staffing levels.
$100,000 of municipal funds has been set aside in the 2016-17 annual budget for the preparation of a Master Plan for Reserve 36477. It is envisaged that this will include detailed investigations into the options for relocating the vehicle access ramp.
RISK
Whilst the Shire’s Local Planning Scheme provides guidance regarding new development in the ‘Tourist’ zone, further direction is desirable to ensure that the Cable Beach Precinct will continue to thrive as Broome’s premiere leisure tourism destination.
The Local Planning Strategy and Scheme both reference the preparation of a Development Strategy for the Precinct. Currently, development proposals are being assessed using the Cable Beach Development Plan (2003), which in many respects is dated and does not reflect the current development context. A contemporary approach is required to provide clarity to developers and the Broome community about Council’s intentions for the area.
With respect to the Cable Beach Foreshore, without a clear strategic direction from Council there is a risk that the Shire will not be able to access funding to undertake public realm improvements. The Foreshore is the main recreational space utilised by visitors to Broome and continued investment will be required to ensure public facilities are of high quality.
STRATEGIC IMPLICATIONS
Our People Goal – Foster a community environment that is accessible, affordable, inclusive, healthy and safe:
Accessible and safe community spaces
Participation in recreational and leisure activity
Our Place Goal – Help to protect the nature and built environment and cultural heritage of Broome whilst recognising the unique sense of the place:
Realistic and sustainable land use strategies for the Shire within state and national frameworks and in consultation with the community
A built environment that reflects arid tropical climate design principles and historical built form
A unique natural environment for the benefit and enjoyment of current and future generations
Retention and expansion of Broome’s iconic tourism assets and reputation
VOTING REQUIREMENTS
Simple Majority
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That Council: (i) Revokes the Cable Beach Development Plan 2003; and (ii) Adopts the Cable Beach Development Strategy as contained in Attachment 3.
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Attachment 1 - Schedule of Submissions |
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Attachment 2 - Cable Beach Development Strategy with Proposed Modifications as Tracked Changes |
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Attachment 3 - Cable Beach Development Strategy with Proposed Modifications Accepted |
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Attachment 4 - Department of Planning Comments |
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Item 9.2.1 - FINAL ADOPTION OF THE CABLE BEACH DEVELOPMENT STRATEGY |
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NO. |
NAME & ADDRESS |
AFFECTED PROPERTY |
SUBMISSION |
OFFICER COMMENT |
OFFICER RECOMMENDATION |
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1 |
A. Pentelow PO Box 1064, BROOME, WA, 6725 |
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a |
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Thank you for the opportunity to provide comment on the above document. I would like to comment particularly on the proposed changes affecting vehicle access to North Cable Beach. |
Noted. |
Note submission. |
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b |
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My husband and I have been residents of Lullfitz Drive for over 27 years during which time we have been active participants in many campaigns by the Shire and other stakeholders trying to implement strategies aimed at protecting the unique and fragile ecosystems of Cable Beach and the adjacent dune systems. The most damaging threat to this environment has come from increasing numbers of off road vehicles accessing the dunes from Cable Beach creating a network of sand tracks all over the dunes and causing major damage to vegetation and culturally sensitive areas. |
Noted. |
Note submission. |
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c |
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This situation is well known to Shire but currently there seems to be minimal resources committed to controlling this behaviour in the dunes or to controlling camping, speeding and other antisocial activities on Cable Beach. |
The Shire has sought to manage these issues within the scope of its limited Ranger resources. In recent months patrols of Cable Beach have been made a priority and increased. |
Note submission. |
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d |
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I am therefore extremely concerned regarding the 3 suggestions that have been raised in the Draft Strategy (4. Relocate Vehicle Access - page 26). I strongly oppose in particular option (b) which suggests a 1kilometre, 2-vehicle-width road through the fragile dune ecosystem at the northern end of Lullfitz Drive. I am astounded that anyone in the Shire could suggest such a road after all the years of recognition of the importance of the environmental and cultural significance of the dune areas of Cable Beach and their contribution to the amenity of Cable Beach as a premium tourist destination. |
Section 4.4(b) of the draft Cable Beach Development Strategy (hereafter ‘the draft Strategy’) clearly states the options presented are ‘initial’ and ‘will require further exploration.’ It also acknowledges there are ‘adverse environmental impacts associated with crossing over 1 kilometre of the dune system.’ The draft Strategy further acknowledges the cultural significance of Hidden Valley, although this is not specifically referenced in 4.4(b). It is proposed to amend 4.4(b) to include cultural impacts in the list of matters to be considered when the options are investigated. It is acknowledged that one or more of the initial options may ultimately be removed from contention due to a ‘fatal flaw,’ however until further due diligence investigations can be carried out, removing the option is not supported.
To ensure that future investigations into appropriate locations for vehicle access are not constrained to only the initial options, officers recommend inserting an additional point in Section 4.4 indicating that suitable locations can include other access points north of the existing access ramp but south of Coconut Well. |
Support in part. Recommend:
1. Amending 4.4(b) to state ‘adverse environmental and cultural impacts associated with crossing over 1 kilometre of dune system.’
2. Deleting ‘three’ from Section 4.4 to state: ‘Initial options have been identified and will require further exploration.’
3. Adding point (d) to 4.4 to state: ‘Other access points can be considered north of the existing access ramp but south of Coconut Well.’ |
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e |
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Whilst your document does not state exactly where the road would be located, its proximity to important areas of ecological and cultural value is obvious. In fact your own document (page 8) refers to Hidden Valley as “significant to Aboriginal culture” and to Buckley’s Plain as “a significant natural, cultural and recreational wetland”. Building a dual lane road adjacent to Hidden Valley and on the edge of Buckley’s Plain is totally inconsistent with this sentiment. |
Refer 1(d) above. |
Support in part. As per submission 1(d) above. |
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f |
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Furthermore it is incredible that Shire could suggest such a road if access to this road is via Lullfitz Drive which traverses a residential area noted for its quiet rural living attributes. |
The draft Strategy acknowledges there will be ‘potential traffic impacts in the adjoining Rural Residential area’. These will have to be considered when each option is explored in greater detail. |
Note submission. |
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g |
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Surveys conducted in 2006 (Cable Beach Motor Vehicle Advisory Committee) identified close to 500 cars accessing North Cable Beach via the current ramp on a Saturday and up to 280 on week days. Of these vehicles 63% were driven by tourists and 37% by locals. Occupants totaled around 1000 persons on weekend days and 500 on weekdays. |
Noted. |
Note submission. |
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h |
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To even consider diverting such large numbers of vehicle traffic along Lullfitz Drive (if this is indeed the Shires intention) and then to direct this traffic a further 1 kilometer over sand dunes, through recognized environmentally and culturally significant areas, defies all logic. |
As per 1(d) and 1(f) above. |
Note submission. |
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i |
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I am strongly opposed to this option to Relocate Vehicle Access to a road north of Lullfitz Drive. I hope that the Shire can negotiate an alternative solution which allows the precinct of Cable Beach to develop and become a vibrant, attractive area for Broome but not at a cost to the environmental and cultural values of the Cable Beach dune system which is also such an important asset of Broome. |
As per 1(d) above. |
Note submission. |
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2 |
S.G. Bradley PO Box 440, BROOME, WA, 6725 |
67 Lullfitz Drive |
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a |
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I wish to place an objection to the proposal that Lullfitz Drive has been identified as an alternative public vehicle access option to Cable Beach. This for many reasons should not be considered an option. |
Noted, see comments for 2(b) and 2(e) below. |
Note submission. |
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b |
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Lullfitz Drive is a rural residential area in Billingurr. The actual road is narrow, with no curbing or decent drainage, loose gravel shoulders, no street lighting and many residential driveways. It is enjoyed by walkers, horse riders and locals with babies in prams or push bikes and cyclists. |
The current standard of Lullfitz Drive and any improvements that would be required to handle the traffic volumes associated with relocated vehicle access, as well as potential impacts this would have on current users will be considered as part of the future due diligence investigations into each option, and any new options which may arise.
It is acknowledged that one or more of the initial options may ultimately be removed from contention due to a ‘fatal flaw,’ however until the due diligence investigations can be carried out, removing the option is Not supported. |
Note submission. |
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c |
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To increase the vehicular traffic flow along Lullfitz to the degree that would be required to access Cable Beach by the well over 900 vehicles (estimated in the 2007 Cable Beach Motor Vehicle Management Advisory Report – and probably double that by now during the tourist season), would be sheer madness and totally ill-conceived. |
As per 1(f) above. |
Note submission. |
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d |
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Lullfitz Drive as you know is a one way street, so there would be double the amount of traffic travelling to and from the proposed access which would be dangerous. It is also well away from the central tourist area around the main Cable Beach Area. |
Noted. As per 1(f) above. |
Note submission. |
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e |
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There is much more I could say regarding the Item 4B of the Cable Beach Road access via Lullfitz Drive – but I feel certain when serious and responsible planners look at the option, it will be discarded for a far more appropriate one closer to the hub of Cable Beach activities. I hope plain common sense will prevail. |
It is acknowledged that one or more of the initial options may ultimately be removed from contention due to a ‘fatal flaw,’ however until the due diligence investigations can be carried out, removing the option is Not supported. |
Note submission. |
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3 |
T. Epskamp PO Box 983, BROOME, WA, 6725 |
23 Gunian Boulevard |
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a |
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There should be no development of 5 storeys and certainly not 24 metre building with 17 metre walls – maximum should be 3 storeys. |
A 24m building is equivalent to 5 storeys. Local Planning Scheme No. 6 (LPS6) currently restricts non-residential development to an overall height of 14 metres which is generally equivalent to 3 storeys. Any proposal to vary this would need to be considered by Council on its merits. For officers to recommend support, the proposal would have to have due regard for the following ‘Matters to be considered’ under Clause 67 of the deemed provisions of LPS6 :
(m) the compatibility of the development with its setting including the relationship of the development to development on adjoining land or on other land in the locality including, but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the development; (n) the amenity of the locality including the following (i) environmental impacts of the development; (ii) the character of the locality; (iii) social impacts of the development;
Whilst some building designs will not be consistent with the above provisions, it is considered that there are ways of designing multi-storey development so that any perceived adverse impacts of building bulk and height can be minimised. ‘Podium style’ development, where the higher stories are progressively set back from the street, is one common example of how a human scale along the streetscape can be maintained with a taller building.
The draft Strategy has nominated two lots (Lots 1640 and 2212 Cable Beach Road West) where increased height could be considered, subject to any such proposal complying with the ‘Matters to be considered’ shown above and other provisions LPS6. This site was chosen as it sits at the intersection of the two ‘Priority Active Frontages,’ Cable Beach Road West and Sanctuary Road, at the main entry into Cable Beach. Further, it is on the eastern side of Cable Beach Road West and set back over 300m from the beach, which is considered an adequate distance to preserve the spacious character of the foreshore.
For these reasons it is recommended that the provisions of the draft Strategy relating to increased height remain. |
Not support. |
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b |
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Access road on to Cable Beach should be north Lullfitz – not Coconut Wells or the Camp School. |
Noted. As discussed above, the draft Strategy clearly states the options presented are ‘initial’ and ‘will require further exploration.’ |
Note submission. |
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c |
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I totally object to any casino. |
The draft Strategy does not propose or discuss a casino. The only reference to this form of development is in the Summary of Outcomes of the community engagement undertaken as this was raised by some members of the community during this process. |
Note submission. |
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4 |
K. Millar PO Box 310, BROOME, WA, 6725 |
11 Taiji Road |
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a |
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I totally object to any development of 5 storeys – absolute maximum limit should be 3 storeys. |
As per 3(a) above. |
Not support. |
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b |
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I object to a casino. |
The draft Strategy does not propose or discuss a casino. The only reference to this form of development is in the Summary of Outcomes of the community engagement undertaken as this was raised by some members of the community during this process. |
Note submission. |
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c |
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I support relocating the access road to north Lullfitz Drive – not the Broome Camp School option or Coconut Wells. |
Noted. As discussed above, the draft Strategy clearly states the options presented are ‘initial’ and ‘will require further exploration.’ |
Note submission. |
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d |
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I support redeveloping the Surf Club on the present site. |
Noted. |
Support. |
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5 |
J. Lewis PO Box 2605, BROOME, WA, 6725 |
7 McKenna Court |
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a |
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In general I am opposed to the tone of this plan. It seeks to make the Cable Beach area just like any other tourist site in Australia. What we have here is unique and relatively unspoilt. It should be left so that people can enjoy/learn to enjoy the natural values of Cable Beach – rather than rely on being entertained by organised activities and services eg nightclubs and amusement parlours, particularly when an activity is at the expense of someone else’s enjoyment. For these reasons I totally oppose: |
The draft Strategy refers to the uniqueness and ‘unspoilt’ character of Cable Beach in Section 4.2 of Appendix 1 – ‘Comments made in the open ended responses uncovered people’s appreciation for the extent of the largely natural beach and dune system; with some referring to the area as unspoilt, magic and healing.’
The first overarching principle in Section 3.2 is to ‘Respect, preserve, enhance and celebrate attributes of the natural environment and the area’s rich culture and heritage.’ It is considered that this can be done in a way that also supports an increase in organised activities in portions of the precinct that do not have high environmental or cultural value. |
Not support. |
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· Any development or project element that involves clearing of any bushland to the west of Cable Beach Road |
The only place where this may occur is on Lots 2790 and 2791 Cable Beach Road West. These lots were identified in the 2010 Indigenous Land Use Agreement (ILUA) to be transferred to the Yawuru Native Title holders in freehold title. These lots are zoned ‘Tourism’ in LPS6 and as such development, and associated land clearing, could occur in future, subject to all relevant approvals being received.
It is noted that clearing in excess of 5 hectares in any financial year will require a clearing permit to be obtained from the Department of Environment Regulation under the Environmental Protection (Clearing of Native Vegetation) Regulations 2004. |
Not support. |
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· Any noisy beach activity particularly jet skis or parasailing, even if located away from the immediate Cable Beach area – particularly given the lack of Shire or anyone else’s capacity to manage current activities on Cable Beach e.g. people still using jet skis at Gantheaume Point. |
The Shire’s current policy 4.5.3 – Commercial Activities on Cable Beach allows for trading licences to be issued for jet ski hire and parasailing. Whilst it is recommended in the Strategy that this policy be reviewed, the intention of this is to allow more flexibility in the types of activities that can be contemplated.
The Shire cannot legally take enforcement action for aquatic activities. In the area adjacent to Cable Beach, this is the jurisdiction of the Department of Transport. |
Not support. |
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· Any further clearing of the dune ridge top between the Surf Club and amphitheatre or to the south of the surf club. |
The draft Strategy does not propose clearing of the dune ridge top, however as this area is known to be vulnerable to the risk of erosion, options to manage this risk will be investigated as part of the Broome Townsite Coastal Hazard Risk Management and Adaptation Plan (CHRMAP). The development of adaptation options will be undertaken in the coming months and community members are invited to participate in this process. |
Note submission. |
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· Any use of my rates to progress the changes to the Town Plan (LPS6) or Shire regulations to enable this strategy to be progressed when the primary beneficiaries will be commercial operators, who employ backpackers rather than locals and take their profits elsewhere. |
Council sets the annual budget and guides operating priorities through the adoption of the Strategic Community Plan and the Corporate Business Plan. As stated in the draft Strategy, any actions shown as ‘Shire of Broome Direction’ or outlined in the Concept Plan will have to be considered through these processes.
The overarching principles of the draft Strategy include ‘continued enjoyment of recreational opportunities’ and ‘respect, preserve, enhance and celebrate attributes of the natural environment and the area’s rich culture and heritage.’ The application of these principles will benefit all users of the precinct, not solely commercial operators. |
Not support. |
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b |
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While I agree that it would be beneficial to shift the road I do not agree with any of the 3 options presented: · I’m opposed to any loss of amenity to the Camp School premises and think the increased traffic on Milligan Road would be difficult to manage to ensure the safety of pedestrians, people towing caravans, camels etc. It’s not a good environment for kids to have cars continuously passing by. · There are already too many vehicles accessing the fragile dune country north of the rocks, eroding the limestone, spreading weeds etc. The investment required to seal/stabilise a road through the dunes cannot be justified, nor can the loss of residents’ amenity due to the massive increase in cars on Lullfitz Drive. · An access track off McGuigan Road defeats the purpose of beach access - a 20km drive is required to get there. I also suspect, given the soft nature of the sand at that end of the beach, that there would be an unacceptable number of cars bogged or lost to the tide regularly, creating demands for another access point. In the absence of any better options, I think the road should stay where it is. |
Noted. As discussed above, the draft Strategy clearly states the options presented are ‘initial’ and ‘will require further exploration.’ All of the concerns raised in this submission are noted in Section 4.4.
It is acknowledged that one or more of the initial options may ultimately be removed from contention due to a ‘fatal flaw,’ however this will not be known until the due diligence investigations can be carried out.
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Note submission. |
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c |
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I totally oppose the change to any height provisions on any lots in the Cable Beach area and, in particular, at the Old Croc Park. The strategy says “An increase in height to no more than 5 storeys can be considered for this site”. What data or reasoning was this based on? Public opinion in Broome has consistently opposed any increase to heights allowed. Not having high rise development is one aspect of the ‘uniqueness’ of Broome. There is no good reason to destroy that. The increased number of people and vehicles in the area and the increased demand for land to be cleared for parking totally detracts from any of the natural values that remain in the area. |
As per 3(a) above. Increasing density in centres of activity such as a tourist precinct is common practice elsewhere in Western Australia, Australia and overseas. It is supported by the Western Australian Planning Commission in its Tourism Planning Guidelines (2014), which states:
Planning for hotel developments may require consideration of incentives to assist a project being viable. The National Tourism Planning Guide – a best practice approach states that active planning measures can help address this issue as well as the provision of incentives through zoning and development controls. Some examples of incentives include plot ratio bonuses, floor space and height inducements, exemptions from certain requirements, protective zoning and facilitation of mixed use outcomes.
The draft Strategy is trying to support increased people in the area as a way to promote an active, vibrant tourist precinct.
The draft Strategy requires car parking for tourist development to be provided on site and screened from the street which will minimise amenity impacts. On-street parking will be supported for the commercial uses along ‘Priority Active Frontages,’ however this must be in the road reserve and will not result in additional land clearing. |
Not support. |
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d |
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I am totally opposed to developing a backpacker camping area anywhere in the Cable Beach Area. I question where you have obtained the data which suggests that those people illegally camping have employment in Broome. Although there is a lot of backpacker employment in Broome, I am confident that the people who camp illegally in the car park are merely young people who wish to avoid paying for a campsite in an organised camping area. They stay for a few days and then move on. More rigorous enforcement of current regulations re illegal camping is required, not building a place for them. If it costs money they won’t use it anyway – they’ll just join the others leaving their rubbish all over our bush tracks and car parks. |
The concept of the backpacker camping area was incorporated into the draft Strategy so Council can investigate ways to address an ongoing amenity issue in a way that is visitor friendly and continues to promote Broome as a desirable tourist destination. It was not the intention to claim that all illegal campers have employment in Broome, and it is recommended that the wording of Section 4.13 in the draft Strategy be amended to remove any ambiguity in this regard.
Whilst the feasibility of establishing such an area will be considered during the preparation of the Foreshore Master Plan, it is envisaged that were this to be established on Shire land, it could be controlled through a permit system in terms of length of stay (likely no more than 48 hours), hours of operation, and number of users to ensure that amenity impacts on other users of the space would be limited. It is also envisaged that it would be coupled with continued enforcement of illegal camping in areas that are not set aside for such purpose. It is recommended that this information be included in 4.13 to provide more clarity around this concept.
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Support in part. 1. Recommend amending 4.13 by replacing Much of Broome’s seasonal employment during the peak tourist months is sourced from the sizeable backpacker population that visits the town with Broome is widely known as a popular destination for backpackers, however (backpacker accommodation within Broome is limited…) 2. Recommend adding an additional sentence to the end of paragraph 2 of 4.13, to state. This area could be controlled by a permit system, with length of stay, hours of operation and number of users limited to ensure the amenity of the Cable Beach foreshore is not compromised. |
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6 |
G. and E. Waldron PO Box 16, BROOME, WA, 6725 |
79 Lullfitz Drive |
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a |
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We wish to respectfully request that Element 4b be withdrawn as an option for alternative beach access to North Cable Beach as suggested in the Cable Beach Development Strategy.
We have been ratepayers in Broome since 1989 and purchased 79 Lullfitz Drive in 1999 to build our family home. We selected the block because it presented to us an ideal location to have additional land, away from the main town centre and suburbs. This area was zoned Rural living and we chose it because it was at the end of the cul-de-sac and offered us seclusion and privacy without a flow of traffic past our house. It was available for sale because Council had recognised the natural values present in the area, having refused a development application by the previous owner, Sunland Pty Ltd for this block and another 4 neighbouring blocks in the previous year. The block also has a great range of bird and other wild life because of the thicket of Melaleuca Paper Barks at the front of the block that are supported by an abundance of moisture from Buckley’s Plain. This, for us was an ideal location, with the benefit of peace and quiet due to the low number of residences and activity close by. We have endeavoured to develop the block with sensitivity to the surrounding environment.
The blocks, as we now see them, north of the township along Lullfitz Drive have been in place for many years. It was an area once known as the Japanese Gardens. More recently it was established as Rural living (“essentially functions as a lifestyle alternative to urban residential use” p17: Shire of Broome Local Planning Strategy –part 1.) and offers the owners the opportunity to live on now rare bigger blocks and enjoy a peaceful lifestyle with a minimum of intrusion from the busyness of Broome. |
Noted. |
Note submission. |
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b |
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We were alarmed to read the Cable Beach Development Strategy and discover that this document contained an option in Element (4b) in regard to an alternative beach access, which would be located adjacent to our property and would adversely impact on our way of life that our family have grown to love.
The Element at item 4 (b) Relocate Vehicle Access says: “An access track could be created from the northern end of Lullfitz Drive” (Page 26, Cable Beach Development Strategy). An access track constructed to replace a sealed road would not constitute development or improvement. Any proposal to divert traffic to a new point on Cable Beach would need to be a functional road for all vehicles and obviously built to the required current standards; two lanes and all weather. It would also require at least a turnaround point and/or car parking on the beach for 2WD access. In addition, street lights for security and some form of water supply for dune restoration and stabilisation. The costs for this element of the Cable Beach strategy would be prohibitive.
The 4(b) element goes on to outline other issues and identifies many of the inherent problems this option would pose. As stated below: “Matters to be considered for this option include potential traffic impacts in the Adjoining Rural Residential area, adverse environmental impacts associated with crossing over 1 kilometre of the dune system, and seasonal flooding and ‘boggy’ sands experienced in the area which may restrict access.” (Page 26, Cable Beach Development Strategy).
We are also greatly concerned to learn that none of the affected rural residents have been made aware of this proposal as the Strategy was being developed. It would seemed that some of the affected residents who were much closer to the Cable Beach Node have been consulted however, we have only had one week to review the document. |
It is acknowledged that there are likely to be substantial costs associated with this option. This will be addressed in depth through the future due diligence assessment where costs of all options (as well as the ‘do-nothing’ option of leaving the access where it is) will be considered.
The draft Strategy has been advertised in accordance with Council’s Local Planning Policy 8.23: Public Consultation – Planning Matters. |
Note submission. |
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c |
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We do not choose to comment of the viability of the two alternate proposals to relocate access except to say our preference would be for 4(a) as it will at least keep the activity of people getting onto and off the beach near to the commercial centre proposed in the Strategy. From studying the Cable Beach Strategy it would appear that Council has a desire to make the Cable Beach precinct vibrant and attractive to both locals and visitors. By relocating the access road to the beach so far from that direct node area you are drawing away many of the people that may access the bars, shops and beach traders and other attractions that will make this precinct a desirable to visit. Commercial traders will always seek to maximise the traffic flow. |
It is acknowledged that there is a risk of moving the access point away from the tourist precinct. This is mentioned in the draft Strategy in 4.4(c) in relation to the McGuigan Road option. |
Note submission. |
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d |
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We strongly believe that element 4(b) is fundamentally a detrimental proposal and not feasible for many reasons. Its development would mean that a large number of vehicles would be directed down Lullfitz Drive. This road was never constructed to accommodate such traffic and is at the present time in poor repair in many places. This road has no street lighting. Under element 12 mention, page 29; comment is made of the proposed realignment for Lullfitz Drive. This element would make the 4(b) element affect many more residents and lead to all beach traffic through the yet be to be build extension to Broome North. It would also increase the traffic flow to be far greater than originally planned for the re-routing of Lullfitz Drive.
At the northern end of the road, Lullfitz Drive is subject to wet season flooding and this further degrades the road. It should be noted that Council had to cement stabilise the end of the road after standard construction methods failed in the 2000 wet season. This has only been partially successful. The drain that runs off the end of Lullfitz has been constructed to allow water removal and drainage but as the land is very low this constitutes a swamp (Please refer to Council’s flood map). This is evident because of many swamp species of flora growing in the wetland. The soil has the same features as black soil and extremely hard to navigate when water is present. This would require extensive drainage and road build up to over come these natural landforms.
The distance from the Lullfitz Drive end to the beach is over 1.2 km and the first sand dune is 19 metres high and there are many more sand dunes to navigate it. Clearly, this becomes a problematic proposal, given the topography, the length of the road and additional upgrade of existing roads required. Importantly, it should be recognised that if a road were to be established through the dunes it would be almost impossible to stabilize and maintain the fragile dune eco system. |
These are valid considerations and traffic impacts, environmental impacts and seasonal flooding are all referenced in 4.4(b).
It is acknowledged that one or more of the initial options may ultimately be removed from contention due to a ‘fatal flaw,’ however this will not be known until the due diligence investigations can be carried out. Until this occurs, removing options is not considered appropriate.
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Note submission. |
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e |
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The established commitment by Council to recognise all stakeholders in the development of Broome appears to have missed important documents that should be considered alongside Council’s planning documents. One such document is from the Department of Parks and Wildlife and Yawuru native title holders. The draft plan for the Yawuru Birragun Conservation Park clearly identifies this area as of cultural significance and the area near the proposed “track” is defined as a “cultural protection prohibited access zone”.
Please see map 6 below (refer to diagram in hard copy), red circular area marked north of Broome (Yawuru Birragun Conservation Park page 70). The beach access would also cross fragile limestone out crops and allow each vehicle views to Hidden Valley. |
As per submission 1(d) – it is recommended that the draft Strategy be amended to reference potential cultural impacts associated with this option.
The Shire is aware of the draft management plan for the Yawuru Birragun Conservation Park and Council made a formal submission on this plan to the Department of Parks and Wildlife in October 2015. Any provision for vehicle access within the Yawuru Conservation Estate will have to be supported by the Yawuru Park Council and all joint management parties. |
Support in part. Refer submission 1(d). |
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f |
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In concluding, we do not wish to engage in the complex issue of cars driving on the beach. We accept that through various mechanisms Council has determined that there are a large percentage of the Broome population who wish to have vehicle access for a number of reasons. In addition too, we recognise the traditional owners, Yawuru’s stance on driving over the rock bar to access North Cable Beach.
The Cable Beach Club has established a wonderful view of the activity of the beach with cars, camels and people coming and going as the day goes on. The current road access, especially since its tidy up this year is excellent. The problem of traffic and congestion and the interplay between pedestrians and cars can be found in many areas of Broome and for that matter any popular place with vehicular access. The argument that the conflict of users is a major influencing factor, is not strong enough, in our view to warrant the costs of an alternative major change to what we know as our unique Cable Beach.
The recreation site proposals map put forward in the DPAW / Yawuru document; Map 5a (page 64 – refer to diagram in hard copy) as below would provide in time the opportunity to develop a second beach access node with the potential for further development north of Broome. |
The McGuigan Road option is intended to align with the southern site identified in the attached document, which is also consistent with the draft Recreation Master Plan which was supported by Council in November 2015 subject to modifications. The modifications to the draft Recreation Master Plan included ‘at least one vehicle access point to the beach shall be provided at Niyamarri (south of Coconut Well).’ |
Note submission. |
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7 |
T. Delaney |
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a |
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I propose an artificial surfing reef. I believe this would have a huge impact on visitor numbers as well as attracting a whole new group of permanent residents. |
The Shire of Broome does not have jurisdiction to manage aquatic activities. The area adjacent to Cable Beach is within the jurisdiction of the Department of Transport. |
Note submission. |
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8 |
D. Pentelow PO Box 1064, BROOME, WA 6725 |
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a |
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I am providing these comments on Draft Cable Beach Development Strategy (The Draft) in my capacity as a member of the Broome community for over 30 years.
During that time my wife and I have operated our own businesses, owned a number of properties, been ratepayers and have contributed to the community in many ways. We have seen many changes in Broome and have observed and participated in efforts by the Shire over many years to manage and guide Broome’s development.
Personally I have served on a number of Shire Committees and provided consultancy services to the Shire. Of most relevance to The Draft, I was the joint consultant for the Waterbank Structure Plan, and chaired the Cable Beach Motor Vehicle Advisory Committee (CBMVAC), which reported to Shire in July 2007.
In summary I consider that I am well qualified to provide objective comments on The Draft. |
Noted. |
Note submission. |
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b |
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To commence my comments, I would like to say that there are many things to like about The Draft. In particular the discussion about creating an “entry statement”, providing more public art, redeveloping the drainage sump and the Surf Club, encouraging “pop-up” restaurants and other public trading activities, improving and increasing pedestrian access and walkways, and developing a backpacker camping facility are all good initiatives to enhance and revitalize the precinct. |
Noted. |
Note submission. |
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c |
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However, the most fundamental matter that needs to be addressed is the issue of motor vehicles being funnelled through the heart of the precinct and onto the beach at the current point of access. Without even considering aboriginal heritage and environmental issues, the current access is a visual blight, causes unacceptable traffic congestion, and raises many public safety issues. The Draft recognizes this (although does not express it as strongly) and in discussion of the issue raises alternative options for motor vehicle access to North Cable Beach.
My very strong view is that in considering the redevelopment of the Cable Beach precinct, eliminating the current motor vehicle access point to North Cable Beach is non-negotiable and The Draft should state this unequivocally. This policy should not become entangled in the broader and unending debate on whether motor vehicles should have access to North Cable Beach and certainly not be conditional on alternative access points being found.
Whilst this view may seem a little politically naïve, it reflects the reality of the intractability and divisiveness of the whole issue of motor vehicle access to Broome’s beaches. Over the many years Shire has been grappling with this issue no policy of management of vehicles on Broome’s beaches has been developed.
The Report of the Cable Beach Motor Vehicle Advisory Committee was intended to provide a framework for Shire to implement policy, but Shire lacked the political will to progress the issue. It is unlikely that community consensus will ever be found on this issue and in these circumstances strong leadership is required from the Shire. Sadly with respect to the issue of motor vehicles accessing Cable Beach through the Precinct, The Draft fails the conviction and leadership test. |
As discussed in the submission, the issue of vehicles accessing the beach ‘north of the rocks’ has been a contentious one for a number of years.
Since 2014 Council has spent approximately $70,000 to undertake upgrades to the existing access ramp. These upgrades were to improve drainage, widen a section of the ramp, and improve paths and landscaping around the ramp. Council’s willingness to spend money in improving the current access arrangements shows its commitment to allowing vehicle access to the northern section of Cable Beach to remain, although as noted the draft Strategy recognises there are issues associated with the current location of the vehicle access, both culturally and functionally.
In recent years Council has passed a number of resolutions which indicate its support for continued vehicle access to Broome’s beaches. In May 2013 it requested that Yawuru Park Council in progressing a (previous) draft Out-of-Town Conservation Estate Management Plan consider:
5. provision of appropriate vehicular access to Cable Beach.
More recently, in November 2015 Council resolved to support the draft Recreation Master Plan for the Yawuru Conservation Estate subject to modifications including:
a) Gantheaume Point Beach Access site shall include formalised beach access for vehicles, pedestrians and horses. c) Two recreation nodes with at least one vehicle access point to the beach shall be provided at Niyamarri (south of Coconut Well).
Therefore, while the submitter’s concerns associated with the current beach access location are acknowledged, it is not considered desirable to amend the draft Strategy to make the removal of the existing access ‘non-negotiable’. Officers agree that all efforts should be put into finding an alternative access location, and the draft Strategy supports this occurring. However, the existing access location should be kept in case no suitable alterative location can be secured. |
Not support. |
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d |
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I fear that most readers of The Draft will take the view that the current vehicle access to North Cable Beach will only be closed if alternate access to the beach north of the rocks is developed. If I am correct, this is a major failing of The Draft. Rather readers should be left in no doubt that Shire’s view is that if the Cable Beach Precinct is to be developed and revitalized to a level demanded and deserved by the beach’s iconic status, then there is no place for hundreds of motor vehicles streaming through it’s heart everyday.
Certainly The Draft should refer to Shire’s commitment to investigate alternative access points for tourists and locals to North Cable Beach. However in view of practical difficulties, aboriginal cultural heritage issues, environmental concerns, and implementation and ongoing maintenance and management control costs, The Draft needs to be far more cautious in it’s commentary in this regard. Because of these realities The Draft should deliver no implicit guarantees that alternative access points for vehicles to North Cable Beach will be deliverable. Undoubtedly this will draw a vehement reaction, but this is often the price to be paid for strong leadership.
In particular I think that it is very ill-advised to be raising expectations by detailing possible access options in The Draft, all of which are beset with many practical and political hurdles. For example,
· We need to mindful of the number of vehicles accessing North Cable Beach. In surveys undertaken by the CBMVAC up to 500 vehicles accessed North Cable Beach on a Saturday during the tourist season in 2006, with about half this number on days during the week. These figures would have certainly grown since then. Indeed CBMVAC reported that depending on the growth assumptions used, these vehicle numbers would potentially double by 2025.
· Unless there has been a change, traditional owners have always been implacably opposed to continued and unregulated vehicle access to the area of Cable Beach north of the rocks.
· In the past proposals for vehicle access adjacent to the Camp School has met with very strong protests. It needs to be remembered that in the tourist season there would be hundreds of vehicles traversing this access point, back and forth every day.
· The suggestion of an access across the dunes at the end of Lullfitz Drive almost beggars belief in its naivety. The engineering difficulties and the initial and ongoing maintenance cost of creating a 2 lane road capable of carrying up to perhaps 1000 vehicles each day, back and forth on weekends in the tourist season are probably sufficient to negate this option. This is without considering the environmental impacts and aboriginal cultural heritage issues relating to Buckley’s Plain, Hidden Valley and the Billingurr beach area.
· In the Waterbank Structure Plan in consultation with traditional owners access to an area in close proximity to the beach was shown just south of Coconut Wells. This is presumably one of the beach access options detailed in The Draft. It should be noted however that this was not an access point to the beach by vehicles, but rather a parking area for pedestrian access to the beach.
The superficial discussion of the prospects of alternate motor vehicle access and the implication that one of the options will be achievable, ignores political and practical reality. As presented, this issue raises the possibility of distracting attention from the merits of The Draft, and diminishing conviction to proceed as quickly as possible for the redevelopment of the Cable Beach Precinct along the general lines proposed in The Draft. |
The view that ‘the current vehicle access to North Cable Beach will only be closed if alternate access to the beach north of the rocks is developed’ correctly reflects the intention of the draft and it is not recommended that this be changed, for the same reasons stated for 8(c) above. If no alternative access can be secured that is suitable for cultural, environmental, social, financial, and land tenure reasons then it is envisaged the access point will remain as is.
The draft Strategy recognises that there are constraints – some significant – associated with each option and further states that these options are ‘initial’ and ‘will require further investigation.’ As per submission 1(d) above, it is also recommended that an additional option be presented which will enable investigations to include all land north of the existing access and south of Coconut Well.
The ‘hurdles’ outlined are acknowledged in the draft and are valid considerations that will be assessed in future due diligence investigations. With respect to the final dot point regarding the Waterbank Structure Plan, as discussed in 8(c) above, Council revisited this issue in November 2015 and resolved that access in this location should include vehicles. |
Not support. |
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e |
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Section 7.1.9 Access to the Beach (Page 42)
This section includes the following statement:
”the ongoing freedom to drive personal vehicles onto Cable Beach is considered a great opportunity by many, including tourists who visit the area.”
Whilst this is undoubtedly true, there is no balancing statement that many locals and tourists, particularly the higher yielding tourists who visit Broome without vehicles, strongly object to vehicles on the beaches, expressing concerns with regard to environmental damage, public safety and visual and noise pollution, all of which contribute to devaluing their “beach experience”. There is no quantitative evidence to support the relative strength of these views either way, but the statement in The Draft needs to be presented in a more balanced way. |
During the preliminary engagement the majority of feedback received was positive towards vehicle access. Similarly, the majority of the submissions received call for access to be maintained – although there are a wide range of views on whether any of the ‘initial’ options presented for the potential relocation are appropriate.
The draft Strategy acknowledges that ‘the ability to drive vehicles on Cable Beach has been a controversial topic between Broome locals for some time.’ No further modifications are recommended.
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Not support. |
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f |
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Section 7.22 Breaking the trend – Embrace Change (Page 42)
The author of the two paragraphs in this section is clearly consumed by hubris. The section is patronizing and very insulting to the Broome Community who often through spirited debate have helped guide Broome through an extraordinary period of change and growth over the last 40 years.
The statement that: “the laid back, casual atmosphere (which) is a fundamental part of the town’s character, can also have a negative effect when reluctance to examine new ideas leads to stagnation.”
is outrageous in its audacity. The implication that Broome’s economic malaise is related to an inability or refusal by the collective Broome Community to embrace change is ridiculous.
The inclusion of this section in The Draft reflects very poorly on the authors of this section and it should be removed. |
In preparing the draft Strategy staff reviewed nearly 20 years of land use planning for the Cable Beach Precinct, beginning with the 1998 Cable Beach Tourist Node Structure Plan. Many of the key issues raised in these documents are still being discussed today.
It is considered the sentence in question has been taken out of context as it is not the intention of the draft to speak critically of the Broome community. Rather, this section identifies that Broome is facing increasing competition from other tourist destinations and the draft Strategy offers a perspective on some aspects of development in the precinct which differs from previously held views, such as with respect to building height, support for public traders, and the appropriate amount of commercial activity.
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Not support. |
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9 |
N. Guex PO Box 7051, BROOME, WA, 6725 |
51 Yamashita Street |
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a |
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I would like to object to the use of the Broome Camp School lot (Reserve 31354) for both the relocation of the vehicle access ramp (p.26) and the creation of a pedestrian access (p.27). This portion of land is situated very close to the Camp School’s dormitories, where school aged kids sleep throughout the year. A public passage there would have a negative impact on the use of the Camp School. |
The draft Strategy clearly states the options presented are ‘initial’ and ‘will require further exploration.’ It further acknowledges that this option would have potential negative impacts on the amenity of the Camp School.
It is acknowledged that one or more of the initial options may ultimately be removed from contention due to a ‘fatal flaw,’ however this will not be known until the due diligence investigations can be carried out. Until this occurs, removing options is not considered appropriate.
As discussed in submission 1(d) above, to ensure consideration of an appropriate access point is not limited to the initial options, a further dot point is recommended to state that access can be considered at other points north of the existing ramp and south of Coconut Well. |
Note submission. |
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10 |
Landcorp Locked Bag 5, Perth Business Centre, PERTH, WA, 6849 |
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a |
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Further to the recent release of the Cable Beach Development Strategy, LandCorp offers the following comments for consideration: We support the intent of the Cable Beach Development Strategy, which could help deliver an improved public realm, economic opportunities and encourage tourism developments. |
Noted. |
Note submission. |
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b |
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We would suggest the concept plan (Figure 4) be amended to show the structure planning, proposed road network and caravan park endorsed by the Shire of Broome as part of Local Development Area Plan 3 for Broome North. As it stands, there is some inconsistency with the area defined in the strategy plan and concept plan. |
This section of the Concept Plan was hand drawn and was intended to show the realignment of Fairway Drive in accordance with Local Development Plan No. 3, as described in 4.12(a). As the corresponding text in 4.12(a) clearly explains the changes to the road network, changes to the Concept Plan – the visual aspects of which are indicative – are not considered necessary.
The future Shire owned Caravan Park on Lot 3130 Sanctuary Road is referenced in 4.13 and more information in this regard is not considered to be required. |
Not support. |
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c |
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It is important this strategy also be considered within the broader context of the Broome Growth Plan. The Plan will assess land availability across all land use categories, in addition to identifying economic and social growth opportunities, and the Cable Beach Development will assist in supporting those broad initiatives. |
Noted. |
Note submission. |
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11 |
Tarangau Caravan Park PO Box 2459, BROOME, WA 6725 |
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a |
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We refer to the draft Cable Beach Development Strategy and wish to formally object to the proposal to formalise a Backpacker Camping Area as referred to in paragraph 13 of the document. This has the potential to create an antisocial hub and we believe that it would hugely impact upon the atmosphere of Cable Beach and surrounds. Such an area would negatively impact the existing amenity of Cable Beach (not improve it) and would lead to further complaints (not fewer) from both residents and tourists. This would also financially disadvantage the permanent caravan park facilities in town. |
As per submission 5(d).
Economic impacts on existing businesses are not a relevant planning consideration. This is clearly established in Clause 67(v) of the deemed provisions of the Shire’s Local Planning Scheme No. 6, which states that the following matters are to be considered in making planning decisions:
(v) the potential loss of any community service or benefit resulting from the development other than potential loss that may result from economic competition between new and existing businesses.
However, the backpacker camping area discussed in the draft Strategy is intended to capture a segment of the tourist market that are not and will not stay in permanent caravan parks. Therefore, the potential economic impact on the permanent caravan parks is considered to be negligible. |
Not support. |
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12 |
S. Banfield PO Box 1261, BROOME, WA, 6725 |
31 Anne Street |
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a |
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Please accept my apologies for my late ideas and hurried response but I have only just found the Development Strategy. |
Noted. |
Note submission. |
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b |
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I would like to suggest a public outdoor gym, exercise stairs and workout/yoga area in the area located on the map attached (refer to diagram in hard copy).
An area with an uninterrupted view over the beach and ocean, gym equipment of a word class standard (not a few treated pine posts and a chin up bar or a replica of the Miller Park equipment!!), wide exercise stairs from the beach to a high point, open areas for groups or individuals/ yoga, a space that Grey Nomads, Backpackers and tourists in general post on web pages and talk of in such a way that it becomes an attraction itself.
Often I share the Six Seasons stairs with up to 10 fellow exercisers. During the wet someone "donated" a large piece of gym equipment to the top of these stairs, that was later removed. Likewise for the area around Zanders. Every morning several groups and individuals are utilizing this space, using flowerbeds, retaining walls, stairs, bike racks etc to complete their routines. All these indications of the support this would receive, the necessity and value for such an area for the community.
I am available to further discuss with the Shire my observations and thoughts should they require. |
The outcomes of the preliminary community engagement indicated that ‘exercise’ was the third main reason that people visit Cable Beach, with 68% of respondents stating they use the beach for this purpose. It is not surprising then, that the desire for exercise equipment along the foreshore was raised a number of times during preliminary engagement.
The draft Strategy recognises this on the Concept Plan, namely in Section 4.6(b), ‘Public Amenities’ which states:
There is also opportunity to provide more aesthetically pleasing seating with shade, a barbeque for public use, functional public art and exercise equipment.
The location proposed in the submission (directly to the south of the Surf Club) is not considered suitable for further clearing or development as it contains Monsoon Vine Thickets which are a Threatened Ecological Community that is protected under the Commonwealth Environmental Protection and Biodiversity Conservation Act 1999.
As discussed in the draft Strategy, the Shire will be undertaking a Foreshore Master Plan for the Cable Beach Reserve in the 2016-17 financial year, which will consider suitable locations for amenities such as exercise equipment. Further community input into this process will be welcomed. |
Support in part. No modifications to the draft Strategy recommended. |
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13 |
Darren Banfield Banfield Property Group PO Box 116 Broome WA 6725 |
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a |
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In response to the above mentioned strategy which was made available for comment, we would like to note that given that there has been no development in the Cable Beach area for some 22 years, we submit that the current zoning has contributed to the difficulties in attracting investment and developments to what should be a vibrant and engaged precinct.
To continue forward with the same attitude to the zoning will probably lead to more of the same. A mixed use or a local centre zoning which could be initially for just small pockets to trial, may help to provide the security of development and funding opportunities whilst providing the whole community with an area they can easily access as a pedestrian. There are a number of residences within walking distance of our property that along with visitors would benefit from services and products that they would not necessarily travel in their car for. |
Discussions about whether the current ‘Tourism’ zoning of much of the Cable Beach Precinct is prohibiting further investment and development have been ongoing for a number of years and is discussed as a constraint in Section 7.2.3 of the draft Strategy. However the statement that there has been ‘no development in the Cable Beach area for 22 years’ is inaccurate as a number of resort developments were built in the Precinct after 1994.
Local Planning Scheme No. 6 allows for permanent residential development to take up a maximum of 40% of the site area and 40% of the number of units on a site zoned ‘Tourism,’ with the remaining 60% to be used for tourism purposes. This is consistent with the position of the Department of Planning, which states in Planning Bulletin 83 – Planning for Tourism:
For permanent residential use, local governments may set a percentage limit within their local planning strategy or a local planning policy to guide residential development within tourism sites.
In addition to this, a number of other commercial and retail uses can be contemplated within the ‘Tourist’ zone, including a ‘shop’ which is a ‘D’ or ‘discretionary’ use. This means that the current zoning does allow for mixed use development, as long as this is consistent with the overall purpose and intent of the ‘Tourist’ zone.
Further, changing the zoning of this area to ‘Mixed Use’ would be inconsistent with the Shire’s Local Planning Strategy which states that the principle objective for the Cable Beach Tourist Precinct is:
to establish Precinct 11 as the major leisure tourism area of the Shire, including hotels, restaurants, bars, tourist accommodation and leisure tourism activities on and around Cable Beach.
Whilst the Strategy does not vary the ‘Tourism’ zoning in the Precinct, it does encourage new development to include a commercial component along streets designated ‘Priority Active Frontages.’ To incentivise this, the Strategy allows for a 20% plot ratio or dwelling bonus to be granted to the short-stay component of a tourism development where an active, tourist-orientated commercial land use is also provided along a ‘Priority Active Frontage.’
As a further incentive, officers recommend that an additional provision be inserted into the Strategy which will allow for the potential to vary Clause 4.42.1(c)(vi) of LPS6 under certain circumstances. This clause states:
vi. if the development is to be staged, the residential development will not precede tourist land use.
Feedback from landowners has indicated this clause is restrictive as financial institutions are more likely to fund residential development which can then be on-sold to finance a future tourism component. By requiring the tourist component to be built first, the likelihood of receiving financing is decreased. Notwithstanding this, officers are reluctant to remove this requirement altogether as without it there is the potential for a developer to build the residential component and then move on without ever completing the tourism component. This sort of ‘unfinished’ development decreases amenity in the Precinct and is not consistent with the purpose of the ‘Tourist’ zone, which is:
To contribute a desirable tourist destination through provision of visitor accommodation including caravan parks and associated retail and service facilities.
However, officers consider that if the residential component of a development was built subsequent to the successful completion of a tourist-orientated commercial use along a Priority Active Frontage, the adverse impacts on amenity could be minimised if the development presented an attractive and active streetscape. Given this, officers recommend that an additional ‘Development Control’ provision be inserted into Section 3.5.1, to state:
v. The local government may consider tourist-orientated commercial development with frontage to the street(s) designated as ‘Priority Active Frontages’ to be a ‘tourist land use’ for the purposes of Clause 4.42.1(c) of LPS6, and such development may be undertaken as ‘Stage 1’ of an integrated tourism development, with the permanent residential component able to form ‘Stage 2’ if the following criteria are met to the satisfaction of the local government: · A Development Application is lodged which shows the full development of the site, including a future component of short-stay accommodation, and · The tourist-orientated commercial land use is designed to meet the objectives of the ‘Tourist’ zone in LPS6 and this Strategy.
This is considered to be a further incentive to undertake ‘mixed use’ development within the existing ‘Tourism’ zoning. |
Support in part. Recommend that an additional ‘Development Control’ provision be inserted into Section 3.5.1, to state:
v. The local government may consider tourist-orientated commercial development with frontage to the street(s) designated as ‘Priority Active Frontages’ to be a ‘tourist land use’ for the purposes of Clause 4.42.1(c)(vi) of LPS6, and such development may be undertaken as ‘Stage 1’ of an integrated tourism development, with the permanent residential component able to form ‘Stage 2’, if the following criteria are met to the satisfaction of the local government: · A Development Application is lodged which shows the full development of the site, including a future component of short-stay accommodation, and · The tourist-orientated commercial land use is designed to meet the objectives of the ‘Tourist’ zone in LPS6 and this Strategy.
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b |
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Lot 302/2 Challenor Road |
We believe that Lot 302/2 Challenor Road should be zoned “Local Shopping” which is what it has been in effect for some time with the added “Ability to add Residential to the site in a Mixed Use Capacity” at a current or later date. |
The subject site’s ‘Tourism’ zoning already allows for a ‘shop’ and other commercial uses to occur, as well as a component of permanent residential development. As the subject site is located along a ‘Priority Active Frontage,’ the draft Strategy provides incentives to facilitate this as discussed in 13(a) above. The subject site is also located along the ‘small scale retail strip.’ With respect to the ‘small scale retail strip,’ the draft Strategy in Section 3.5.1 states:
b) Designate portions of Sanctuary Road as ‘Small Scale Retail Strip’ and support stand alone retail and commercial development in this location.
Officers have noted that the parameters around ‘stand alone retail and commercial development’ are not articulated, and recommend the following be included as an additional ‘Development Control’ provision in Section 3.5.1:
vi. Along the ‘Small Scale Retail Strip’ retail / commercial development may be considered without a short-stay accommodation component if: · The size of each tenancy is limited to no more than 175m2excluding any alfresco dining area ; and · Each tenancy presents an active frontage to Sanctuary Drive and is designed to meet the objectives of LPS6 and this Strategy.
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Support in part. Recommend that an additional ‘Development Control’ provision be inserted into Section 3.5.1, to state:
vi. Along the ‘Small Scale Retail Strip,’ tourist-orientated retail / commercial development may be considered without a short-stay accommodation component if: · The size of each tenancy is limited to no more than 175m2 excluding any alfresco dining area ; and · Each tenancy presents an active frontage to Sanctuary Drive and is designed to meet the objectives of LPS6 and this Strategy.
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14 |
Chris Borella Charter Property Group PO Box 1075 Broome WA 6725 |
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a |
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We believe all of SR should be rezoned Mixed Use as the Tourism zoning has been a complete failure, very little has changed in 22 years. Tinkering with the Tourism zoning is a waste of time, Broome needs to turn the page on the Tourism zoning and start with a clean slate. |
As per submission 13(a) above. |
Not support. |
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b |
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2 Challenor Road |
We believe that 2 Challenor Road (Willie Creek Pearls) should be zoned “Local Shopping” because that is what it is, and has been for 22 years, with the added ability to add Residential to the site in a Mixed Use capacity at a current or later date. |
As per submission 13(b) above. |
Support in part. As per submission 13(b) above. |
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c |
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The old crocodile farm, on the corner of SR and CBR should be zoned to allow for a 10 level Residential/Tourism/Hotel Mixed Use development to take advantage of the ocean views and its prominent location, subject to plot ratio bonuses and meeting certain criteria, including appropriate setbacks and podium design. The adjoining land on CBR could be tiered from 7 levels to 5 levels on the corner of Murray Road (Divers Tavern). |
At this stage the draft Strategy supports a potential relaxation of the height requirements in LPS6 to support five storey development on the Old Crocodile Park. As discussed in response to submission 3(a) above, such development would need to be designed in a sensitive manner, and ‘podium style’ is referenced as an appropriate way of maintaining a human scale of development along the street frontage whilst allowing for additional height behind. The draft Strategy also supports plot ratio bonuses for development along ‘Priority Active Frontages’ that includes an active commercial component at ground level. These are in keeping with what is suggested in the submission, however at this stage an increase in height to 10 storeys is considered out of keeping with the existing character of the Cable Beach area.
The response to submission 3(a) outlines the rationale for selecting the Old Crocodile Park as the site for an ‘iconic building,’ and at this stage no other sites are proposed for a relaxation in height requirements. However, it is noted that Council has expressed interest in undertaking a review of height limits across Broome, and this will be done by reviewing the height limits in Local Planning Scheme No. 6 which is the overarching and primary document used in assessing development applications.
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Not support. |
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15 |
Jero Andrews PO Box 2643 Broome WA 6725 |
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a |
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Regarding section 4 of the Cable Beach Development Strategy and part 4 of this section. Concerned with option 1 – “Put in a road where the drain is on the northern fence of Broome Camp School” If the Shire put in a 30 meter road and pathway where they are planning, then the public will be very close to the dormitories of the camp school, where children are supposed to enjoy the activities of the camp school and try and sleep. I see quite a few cars leaving the beach late in the evening, where some of the occupants have been drinking and I think one day it could pose a problem with the children staying at the camp school. |
As per submission 9(a). |
Note submission. |
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b |
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There are hundreds of cars which drive down the beach every day to enjoy what the beach has to offer, this will create a nightmare of traffic on Millington Road, where cars and caravans are pulling along the edge of the road waiting to get into the caravan park. You also have lots of children walking across from the caravan park to go to the beach. |
The current standard of Millington Road and any improvements that would be required to handle the traffic volumes associated with relocated vehicle access, as well as potential impacts this would have on current users will be considered as part of the future due diligence investigations into each option, and any new options which may arise. |
Note submission. |
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c |
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Maybe an access through the sandunes just north of the Billie Resort, of course depending on who owns the land there. A large car park could be put behind the dunes and maybe a shop eventually to cater for those that want to drive down the end of Cable Beach. When the cars drive onto the beach they should only be allowed to drive north and keep the area south of the access clear for people who would like to sit on a ‘car free’ beach. It would also make it a bit safer for the camel operators. I understand it will cost extra to put a road in there but in the long term it could be very beneficial to the town of Broome. If you look at beaches north of Fremantle, you have Port Beach, then Leighton, then Cottesloe etc, stretching all along the coast. |
The area north of the Billi Resort is directly adjacent to Hidden Valley which is known to have Aboriginal cultural significance. Given the sensitivity of the area, the draft Strategy acknowledges that public access is not deemed appropriate in that location. However, the draft Strategy does include two initial options for beach access north of the existing access point which will be looked at in greater depth through future due diligence investigations. |
Not support. |
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d |
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Broome will only get bigger and will have a lot more tourists and the Shire needs to look at what is available now (as in available land to cater for a lot more people). Council needs to plan now for a Broome twice the size and twice as many tourists. I have been a resident of Broome since 1983 and was the owner/operator of the Beach Hut for 20 years. I was also a lifeguard on Cable Beach for two years in the early 90’s and understand many of the problems with vehicles on Cable Beach. |
The Shire’s Local Planning Strategy, which established the overarching objectives for the Cable Beach Tourist Precinct, was designed to cater for a permanent population of between 25,000 and 35,000 permanent residents by 2031. The highest growth scenario in the Local Planning Strategy also considered a doubling in tourist numbers by that time.
There is still a considerable amount of vacant or ‘underdeveloped’ land within the Cable Beach Tourist Precinct and this is considered suitable to cater for tourist needs until in the short to medium term. |
Note submission. |
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16 |
Martin Huber PO Box 3608 Broome WA 6725 |
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I formally submit that the Council does not accept the proposed Cable Beach Development Strategy on the grounds that:
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a |
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It will not “retain and enhance Broome’s rich culture, environment and history” (Intro) |
This is a matter of opinion with no supporting evidence presented. |
Not support. |
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b |
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The proposal does not “ensure development is consistent with Broome’s branding”. |
This is a matter of opinion with no supporting evidence presented. |
Not support. |
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c |
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And that any future development and Planning Strategies avoid environmentally endangered, sensitive and unstable land forms.
Hoping that these considerations will be given its due consideration bearing in mind, the sustainability of our environment is critically important to the sustainability of our community. |
Planning Strategies cover large areas of land regardless of what characteristics the land has. It is not possible to excise environmentally significant areas from planning documents, and to do so would likely be to the detriment of these areas as this would mean there would be no legal controls or guidance in place as to the appropriate use of such land.
Rather, planning strategies recognise environmentally sensitive areas and incorporate these into land use classifications where minimal, or no, development is supported. For example, the Shire’s Local Planning Strategy contains ‘Coastal’ and ‘Environmental Cultural Corridor’ Classifications which are described as follows:
3.2.2 Coastal Areas
The Coastal Areas represent a form of regional open space that contains areas of State, National, and International importance. Within these areas land use and development proposals should aim to protect and enhance the environment providing limited unique tourist and local recreation pursuits.
3.2.5 Environmental Cultural Corridors
Environmental Cultural Corridors identified in this Strategy provide for an overarching designation of areas intended as strategic corridors for the migration of species and continued traditional and cultural use by Aboriginal people. Land use and development proposals should aim to protect and enhance the environment and recognise the Aboriginal heritage and culture and therefore be minimal in nature to ensure the land allows for flora and fauna habitats to allow climate change adaptation.
It is noted that, with the exception of the Cable Beach Foreshore Reserve (R 36477) which is classified ‘Public Purposes,’ Cable Beach and the adjoining dune system is classified as ‘Coastal.’ |
Support in part. No modifications required. |
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17 |
David Parker PO Box 2205 Broome WA 6725 |
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a |
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The draft proposal is extensive and heavily slated to Commercial/Developers’ interests and does not address the core reason people live in Broome.
In the Council’s own Strategic Community Plan dated 2015 a survey of the people who live in Broome clearly show that simple life style is the reason they live here. The top 5 are – · Lifestyle · Beaches · Heritage · Sense of Community · Size of town Whilst anecdotal, I spent nearly 12 months travelling and talking to “Grey Nomads”, many indicated they were seeking these same elements. The negatives about Broome included were distance which should be translated into adventure and the perception Broome is very expensive.
Council needs to seriously address their spending and remove us from the list of one of the most expensive Council’s in WA. |
The draft Strategy recognises the value that community members place on Cable Beach, and this is clearly articulated in the Outcomes Report for the Preliminary Community Engagement that was undertaken.
However the purpose of a ‘Development Strategy’ is to guide future development and land use in a precinct. Where land is in freehold ownership (as is the case through the majority of the Cable Beach Precinct) any recommendations regarding the future development and use of this land will necessarily have commercial implications.
The Concept Plan in the draft Strategy has a slightly different intention, as it looks at public land. In this regard, the draft Strategy has endeavoured to preserve the elements most people enjoy about Cable Beach, by not recommending any new permanent buildings and seeking an appropriate mix of activity and open, informal recreation space. This is considered to be consistent with what the majority of people have indicated they value about the area.
Council spending is guided by the priorities identified in the Strategic Community Plan, Corporate Business Plan and the Annual Budget and is not a matter for consideration in respect of the draft Strategy, as it does not commit Council to any financial expenditure. |
Not support. |
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b |
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It does contain some positives namely recognising the number of tourists who arrive with bikes and confirms the need for access. These however should be made as efficient as possible with the most direct route used i.e. straight down the side of the main runway. |
The draft Strategy recognises that the location of the Broome International Airport is currently a barrier separating the northern and southern suburbs, and Chinatown and Cable Beach. The draft Strategy in Section 4.12(c) includes a direct road link between Chinatown and Cable Beach in the location of the airport, which will be ‘multi-functional and designed as an Ecological Cultural Corridor, a cycle/walkway, a public transport route and road’, however it also recognises that this will only be possible once the Airport relocates out of town. |
Support in part. No modifications required. |
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c |
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The need for open spaces and shade. Shade should be the main priority due to our climate, but is reducing the setback on the retail strip going to make walking in the area more comfortable. This will just result in airless, hot thoroughfares. Perhaps the authors of the draft should have a look at the front of the Zookeepers Cafe to see what all of Broome should look like. |
The intention behind the ‘small scale retail strip’ is to replicate the development on Lot 301 Challenor Drive, which includes the Zookeepers’ Store café, as it provides an excellent example of active frontages. It is noted that the road reserve in that section of Sanctuary Road is substantial and approximately 50m in width, meaning that the lot boundary is directly adjacent to the al- fresco dining area.
Furthermore, the draft Strategy places considerable emphasis on increasing shade along pedestrian thoroughfares and Section 4.11(b), which details enhancements to Sanctuary Road, states:
The Concept Plan proposes improvements such as dual use paths with adequate shading on both siders of the road and provision of street trees, attractive street lighting, landscaping, and on street parking. |
Support. No modifications required. |
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d |
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I don’t want to sit on the beach and see a 5 storey building. I can go to the East Coast for that. Create a difference in Broome and retain its unique architecture. |
As per submission 3(a) above. |
Not support. |
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e |
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Regarding changes to the amphitheatre, if Council was serious it would deal with the bureaucratic bastardy surrounding Kennedy Hill and revamp it into an entertainment venue, along the lines of the Sidney Myer Music Bowl. This would lock out developers from spoiling the rest of this area. |
Kennedy Hill falls outside the study area, however it is noted that this land is owned by the State of Western Australia and managed by the Aboriginal Lands Trust, not the Shire. |
Note submission. |
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f |
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Keep access to Cable Beach where it is as this will provide natural control of the number of vehicles on it. |
Noted. As discussed in response to submission 8(d) above, the options identified are ‘initial’ and subject to further due diligence investigations. If a suitable alternative cannot be found it is likely that the access will remain in its current location. |
Note submission. |
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g |
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As a weekly user of the grassed public area around the Surf Club, the last thing we require is a smelly fast food outlet diluting the rustic charm of the few underdeveloped areas around Broome. If Council was in touch with residents’, they would not have made it so difficult for the proposed night markets at the old croc park. This would have provided local small business opportunities and entertainment for the locals and tourists. |
No fast food outlets are proposed as part of the draft Strategy. The draft Strategy does recommend a public trading hub in an under-ultilised portion of the Surf Club car park, which may include some food vendors. This is consistent with the desire to supply local small business opportunities and entertainment for the locals and tourists. |
Support in part. No modifications required. |
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h |
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With an aging population, Broome is in need of a retirement village, something sadly missing. |
‘Aged and dependent persons accommodation’ is an ‘X’ or ‘prohibited use’ in the Tourist zone under LPS6 as this use is not considered to be consistent with the objectives of the zone, being:
To contribute to a desirable tourist destination through provision of visitor accommodation including caravan parks and associated retail and service facilities.
‘Aged and dependent persons accommodation’ is able to be considered in a number of other zones in the Broome townsite, including ‘Residential,’ ‘Mixed Use,’ ‘Town Centre’ and ‘Local Centre,’ however it is noted it is not the responsibility of the local government to develop such facilities. |
Not support. |
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i |
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Perhaps Council should encourage Yawuru to develop a back packers’ camp out on their land near 12 mile and leave prime tourist areas for those who actually spend money in Broome. |
As per submission 5(d) above. |
Not support. |
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18 |
Graeme Campbell PO Box 1373 Broome WA 6725 |
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Whilst the Strategy is supported in the main, there are two issues which I comment on. |
Noted. |
Note submission. |
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a |
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Formalise a Backpacker Camping Area – · Who will pay for it (ratepayers)? · Who will manage it in terms of caravan & camping legislation? · Noise, mess, parties, access to beach parties & Minyirr Park? · Who will want facilities next? o The RV Motor Home Group o Caravaners o Tents · This proposal is ill thought out & rewards “illegal” activity. · Have the proponents ever tried to put peg tents through hard sand, or hang their washing on the ground or trees? · There is plenty of space in Broome (except for Staircase to the Moon nights & possibly the race week). · The real fact is that these people do not want to pay and are very likely not to use the facility anyway. |
As discussed in the response to submission 5(d) above, the feasibility of establishing such an area will be investigated as part of the Foreshore Master Plan. The points raised in this submission will be considered as part of this process.
It is envisaged that, if such an area was established in the Surf Club car park, it would be hard stand only and therefore only self-contained vehicles, rather than tents, would be permitted. It is further envisaged that it could be governed by a permit system (not free) and that length of stay and times of operation would be restricted so the amenity of the area was not compromised. |
Not support. |
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b |
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Issue of Access to Cable Beach – · Current access is supported as is a permit system for access. · Has the Tripartite Management Agreement been considered in area north of the rocks? · Access through the camp school is ridiculous due to location of camp school and Cable Beach Caravan Park and the width of Millington Road. |
As discussed in the response to submission 8(d) above, if suitable alternative access cannot be sourced it is likely that the access ramp will remain in its present location. Council previously considered implementing a permit system for access in 2004, however resolved not to proceed with this in 2006 and this is not currently being considered. However, should Council wish for officers to investigate such a system this can be done subsequent to the finalisation of the draft Strategy.
Officers have considered the management arrangements for the Yawuru Conservation Estate and any relocated access would have to be supported by the Yawuru Park Council and all Joint Management partners.
As discussed in submission 9(a) above, it is acknowledged that there will be traffic impacts for any of the proposed ‘initial’ options and these will be considered as part of future due diligence investigations. |
Note submission. |
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c |
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Further, the long term planning for Fairway (Broome North) isolates Millington at one end and development plan for Millington/Sanctuary area narrows road even further. |
The draft Strategy considers that the amount of retail proposed in the Millington Road Development Plan far exceeds what is appropriate for the precinct in light of the current planning framework and population projections, and therefore recommends the Shire request the WAPC to revoke this plan. The draft Strategy also recognises the future realignment of Fairway Drive in Section 4.12(a). Notwithstanding, as stated above future traffic impacts will be considered as part of the due diligence investigations. |
Note submission. |
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19 |
Louise Middleton PO Box 3172 Broome WA 6725 |
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a |
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In order for the Broome Shire to implement the essence of State Coastal Planning Policy (State Planning Policy 2.6) they need to ensure that development and the location of coastal facilities takes into account coastal processes, landform stability, coastal hazards, climate changes and biophysical criteria. This Cable Beach Development Strategy has failed to uphold this policy.
Broome Council needs a sustainable approach to managing the environmental risks associated with climate change impacts. A range of assessments to appropriately identify the constraints and possible impacts associated with climate change on the Cable Beach Development Strategy.
Until, the Coastal Vulnerability Study and the Coastal Risk Management and Adaption Plan has been endorsed by the Shire Council and the community given access to these documents and consulted about the findings the Cable Beach Development Strategy remains incomplete, inaccurate and inadequate.
It is unprofessional to refer the CVS & CHRMAP draft reports within the Cable Beach Development Strategy when these documents are still in draft form, have not been endorsed by the Shire and the community have not been consulted or advised about their findings.
Only when the community has full and open access to these original CVS consultant’s reports and are consulted about the findings how can they make any informed suggestions or educated responses to the Cable Beach Development Strategy? |
The Coastal Vulnerability Study (CVS) was formally received by Council in June 2016 and is publicly available via the Shire’s website.
In accordance with State Planning Policy 2.6 (SPP2.6), coastal hazard risk management and adaptation planning (CHRMAP) is now required for areas that are shown to be at risk of coastal hazards, namely coastal inundation and erosion, over a 100 year planning timeframe.
Based on the outcomes of the CVS, the Shire of Broome is currently commencing the CHRMAP process and Council in June 2016 received a Community Engagement Plan outlining how the community will be involved in this. The first community engagement activity (two Community Information Forums which will explain the CVS outcomes and the CHRMAP process) will be held in July 2016. The production of the CHRMAP is being overseen by the Department of Planning to ensure consistency with SPP2.6 and the CHRMAP Guidelines (WAPC 2014).
The draft Strategy references the Shire’s plan to undertake a CHRMAP, and clearly states ‘the outcomes of the CHRMAP will influence how development of the public realm proceeds in the affected areas.’ This is reiterated multiple times throughout the draft Strategy. |
Not support. |
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b |
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Unless there is a committed and bidding agreement between the Broome Shire and the airport owners to relocate the airport then Broome will be incapable to achieve future growth and the adaption requirements for raising sea levels and transitional change.
This privately owned and operated airport will continue to have undue influence over Broome shire’s planning strategies and initiatives whilst they remain in their current location.
As long as the airport stays in the middle of the town there can be no genuine planning options or strategies for the community or the Shire to pursue. There appears to be little amalgamation between the Broome shire’s planning department concept plans and the community’s identified aspirations or the enclosed Preliminary Community Engagement Outcomes Report. |
The Broome International Airport is located outside Precinct 11, however the draft Strategy clearly recognises its current location as a barrier to connecting Cable Beach to Chinatown. The draft Strategy also recommends that a direct road link between the two precincts be created when the airport relocates, to function as an Ecological Cultural Corridor, a cycle/walkway, public transport route and road.
It is noted that the Shire’s Local Planning Strategy which sets the framework for future planning in Broome is designed around the airport relocating, with future development in its current location to comprise a mix of residential, commercial and community uses. |
Not support. |
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c |
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Broome has no area for which it can implement a strategic planned retreat from the raising sea levels and the eroding foreshore needed to preserve the viability of Broome into the future.
Hazard risk management approach requires community understanding and engagement to be effective. Until the original and unmodified Coastal Vulnerability Study is made available to the Broome community, how is the community expected to engage effectively in this current consultation feedback process regarding the Cable Beach Development Strategy? |
The CVS was formally received by Council in June 2016 and is publicly available via the Shire’s website.
Planned retreat is one option in the adaptation hierarchy set out in SPP2.6. Other options include ‘avoiding’ new development in vulnerable areas, ‘accommodating’ risk through design and management strategies, and ‘protecting’ existing infrastructure through structures like sea walls.
All of these options will be considered for the various coastal compartments through the development of the Broome Townsite CHRMAP and it is presumptive to state that ‘retreat’ is the only, or preferred, adaptation pathway. |
Not support. |
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d |
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On one hand the Shire is developing a Youth Framework that will guide the Shire of Broome's involvement in youth services. And, on the other hand appears to be quite happy to suggest a busy access road to the beach through the Kimberley Camp School, an old and very much valued Broome institution. |
As per submission 9(a). |
Note submission. |
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e |
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There are major reasons why the Broome Shire Council should broaden their community consultation approach to this Cable Beach Development Strategy and hold open community consultations in order for the shire at engage with their community.
There are some real advantages for the Broome council to be working with their community. Council needs to get the community on board to assist with achieving successful outcomes for Cable Beach Development Strategy. The power, willingness and capacity of the community to assist local government with its work on attracting tourists will ensure improved social, economic and environmental outcomes and a sustainable future for us all.
Much of the Broome population lives in the coastal zones. Adaptation strategies around the coast will require the engagement and support of the broader community. The success of that engagement is linked to broad scale information provision and risk education. Wide sharing of information on risks, risk allocation, adaptation options and responsibilities will facilitate informed engagement in the difficult decisions. |
An extensive preliminary community engagement program was undertaken prior to the preparation of the draft Strategy, and the draft Strategy further considers the outcomes of over 15 years of previous engagement for the Cable Beach Precinct. Additional community engagement will be undertaken as part of the development of the Cable Beach Foreshore Master Plan. This exceeds what is required under Council’s Community Engagement Policy.
In terms of designing adaptation strategies to manage coastal hazard risk, community engagement will be a key component of the CHRMAP. Planned activities will inform the community about the existing risks, identify the value the community places on various coastal assets, identify community tolerance of the identified coastal hazard risks, identify potential adaptation options to address the risks and indicate the level of community support for these options. This is consistent with best practice in coastal planning as recommended in the CHRMAP Guidelines. |
Note submission. |
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f |
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The transient population of Broome Shire, largely influenced by broad scale tourism drivers at the national and international scale holds significant implications for environmental resource use in the Shire, including demand for urban land, potable water, open space as well as scenic and natural amenity values. Increased population growth will serve to further constrain the availability and quality of bioregional resources amid shifting climatic conditions.
Sustainable management of coastal resources will necessitate judicious and sensible allocation of sufficient land zoned and serviced to accommodate projected population growth away from highly sensitive areas, such as Roebuck Bay, wetlands, estuarine and flood prone areas, endangered ecological communities, biodiversity corridors and foreshore zones.
It is vital that wetlands, estuaries, sand dunes, ecologically endangered communities, high conservation value vegetation, and patches/areas of poorly represented habitat are protected with the use of development and infrastructure free buffers.
Buffering of habitat will allow for the migration of habitat under the impacts of climate change including sea level rise, drought, flooding, and climate shift. Buffers must be supported by policy so that they may be incorporated into the Broome Shire’s Environment Plan and Cable Beach Development Strategy Plans. |
The Shire acknowledges the need to accommodate population growth away from environmentally sensitive areas, and has for many years enshrined habitat buffers in its planning framework through the existence of Environmental Cultural Corridors.
The draft Strategy does not propose new urban development along the coastal foreshore, with the exception of potential development on Lots 2790 and 2791 Cable Beach Road West, which are to be transferred to Yawuru in freehold title as a result of the 2010 Indigenous Land Use Agreement. These lots are already zoned ‘Tourism’ under the Shire’s Local Planning Scheme No. 6, however the draft Strategy provides the following guidance for this location:
As the only development site west of Cable Beach Road West, it will be important that the development of tourist accommodation on this site is done in an environmentally sensitive manner that recognises and respects the dune environment and the adjacent Monsoon Vine Thickets.
As these lots will also be affected by coastal hazards by 2110, development will also need to be consistent with the recommendations of the Broome Townsite CHRMAP for the ‘Cable Beach’ coastal compartment. |
Support. No modifications required. |
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Broome Council needs a sustainable approach to managing the environmental risks associated with climate change impacts. A range of assessments to appropriately identify the constraints and possible impacts associated with climate change on Cable Beach Development Strategy.
There is limited cohesion and compatibility between the Shire Community Strategic Plan recommendations and the Cable Beach Development Strategy. This Cable Beach Development Strategy presents some realistic planning approaches but it avoids the elephant in the plan - climate change, the need for adaptations strategies and a planned strategic retreat from the foreshores. Unless, the Broome Shire incorporates the latest science research in predicated sea level rise this Strategic Plan is lacking integrity.
Significant community educational initiatives will become essential in ensuring community acceptance of necessary climate change adaptation measures, including coastal planned retreat. This Cable Beach Development Strategy does nothing to preparing the community for these coming changes and impacts. Western Australia released State Coastal Planning Policy (State Planning Policy 2.6) in 2003 to deal with the development and land use issues relating to coastal protection and management. It recognises CCC risks and includes SLR as a variable in calculating physical process setback factors with an SLR benchmark of 0.38 metres by 2100 measured from 2000 sea levels. In 2010, the Western Australian Planning Commission (WAPC) recommended that the SLR benchmark be amended in the Position Statement – State Planning Policy No. 2.6 State Coastal Planning Policy Schedule 1 Sea Level Rise which was based on findings in the technical paper, Sea Level Change in Western Australia: Application to Coastal Planning. The recommended SLR benchmark in the Position Statement is 0.9 metres by 2110 measured from 2010 sea levels. The Position Statement has been adopted by the W APC.
The purpose of this Policy is to provide guidance for decision making within the coastal zone. This includes the establishment of foreshore reserves, managing development and land use change, and protecting, conserving and enhancing coastal values.
This policy is used to assess land use proposals and requires coastal development proponents to provide information about the impact of coastal processes including sea level rise”.
This means that the developer needs to reference state government coastal planning policies, which say to expect 0.9 metre rise in sea levels by 2100. Cable Beach Development Strategy has failed to this. The policy was gazetted in July 2013.
In order for the Broome Shire to implement the essence of State Coastal Planning Policy (State Planning Policy 2.6) they need to ensure that development and the location of coastal facilities takes into account coastal processes, landform stability, coastal hazards, climate changes and biophysical criteria. This Cable Beach Development Strategy has failed to uphold this policy.
The key policies dealing with the incorporation of climate change risks into coastal development in Western Australia are the State Planning Policy 2: Environment and Natural Resources (2002) and State Planning Policy No. 2.6: State Coastal Planning Policy (2003) (State Coastal Planning Policy). The State Coastal Planning Policy is made under the Planning and Development Act 2005 (WA).
It is required to be given "due regard" in preparing local planning strategies and is relevant in determining planning approval applications under the planning and development system throughout Western Australia. The Broome Shire’s Cable Beach Development Strategy has not given "due regard". |
The modelling done for the CVS considers vertical sea level rise of 0.15m by 2040, 0.4m by 2070 and 0.9m by 2110, which is consistent with the SPP2.6 and the Department of Transport’s 2010 Position Paper ‘Sea Level Change in Western Australia – Application to Coastal Planning.’ The outcomes of the CVS have been used to delineate the area of coastal hazard risk that will be covered by the Broome Townsite CHRMAP, which is being prepared in accordance with SPP2.6 and the WAPC CHRMAP Guidelines.
Any proposed improvements to the Cable Beach Foreshore will need to be consistent with the adaptation pathway(s) that are selected for this coastal compartment through the Broome Townsite CHRMAP, and this is clearly acknowledged in the draft Strategy. |
Note submission. |
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How Was the Strategy Developed?
“It is clear that the choice of method is important, but success depends on the quality of the relationships underpinning the process.”
Unsatisfying and often tokenistic ‘community consultation’ techniques have added to public distrust and cynicism about the Broome Shire‘s consultation process and policy. Very few people within the community have the time or the knowledge to respond in a written form to this 70 paged document. I do not understand why a community feed back sessions were not undertaken by the Shire in the two major shopping centre or taken back to Cable Beach for collective community responses.
The Broome Community Strategic Community Plan (SCP) was designed to be a living plan that was intended to guide the development of the Shire of Broome community for the next ten years. However, this Cable Beach Development Strategy was not identified as a key priority for the community.
There appears to be little amalgamation between the Broome shire’s planning department concept plans and the community’s identified aspirations or the enclosed Preliminary Community Engagement Outcomes Report. |
The quotation included in the submission is not taken from the draft Strategy.
As discussed above, community engagement for the preparation of the draft Strategy exceeded what is required under the Shire’s Community Engagement Policy and Local Planning Policy 8.23: Public Consultation – Planning Matters. The timeline in Section 1.1 of Part 2 of the draft Strategy further outlines community engagement the Shire has undertaken for the Cable Beach Precinct since 1998.
The Strategic Community Plan listed ‘Enhance the Cable Beach Precinct’ as number 9 on the list of the ‘big projects and ideas’ the community wished to see undertaken in the next 10 years. The SCP further establishes the Strategy of ‘Develop and implement precinct based Development Strategies’ in Outcome 2.1.
Under the Integrated Planning and Reporting Framework, the Strategic Community Plan directly informs the Corporate Business Plan which sets out the short to medium term priorities to achieve the aspirations of the community. The Corporate Business Plan lists ‘Develop a Cable Beach Development Plan Strategy and incorporate the review of the 2003 Cable Beach Development Plan’ as an action to achieve the Strategy described above. |
Not support. |
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Broome International Airport Since 1998, for nearly twenty years, the Broome Community has waited for the relocation of the Broome airport from its present location to an area outside the town. The new airport was proposed to replace the existing airport within the Broome town site to allow for the northern expansion of Broome and to cope with anticipated demand for larger aircrafts and heavy lift helicopters movements required for future tourism and industry for the Kimberley area. The need for a new airport site was foreshadowed in the Waterbank Structure Plan, developed in 1999, which provided for long- term strategic planning for the expansion of the Broome town site and the surrounding area.
Since the private sale of the airport in the 1990s the Broome community has been lead to believe through numerous planning documents that the existing airport site was to be redeveloped for residential, tourist and commercial purposes.
The Broome Community Strategic Community Plan stated that the relocation of the airport was the highest priory of the community. The airport has not moved and the community has been told that the airport owners have no intention of moving and are retaining their clique determination to remain at least until 2025.
Due to the fact that the airport has not relocated is proving to be highly detrimental to the planning, liveability, health and well being of the community and the RAMSAR Listed Roebuck Bay. The enjoyment of the visitors is being weakened because of the helicopter’s monotonous noise factors and this in turn is commercially damaging to the Broome brand and our shared economic base.
The current visual amenity of the airport along Fredrick Street is appalling. The ever-increasing noise levels emanating for the airport is becoming increasing obnoxious and the air quality within the town centre and storm water runoff into the Roebuck Bay is accumulative toxic.
The only actual way the airport can alleviate noise levels, accumulating air pollution and environmental impacts on Roebuck Bay is to relocate, sooner than later.
This privately owned and operated airport will continue to have undue influence over Broome shire’s planning strategies and initiatives whilst they remain in their current location.
The airport owners continue to build additional extensions to its existing location and than use these developments as they guiding excuse not to relocate. Therefore, this Cable Beach Development Strategy is senseless because what it is proposing for tourists is being drown out by the airport‘s helicopter operations.
As long as the airport stays in the middle of the town there can be no genuine planning options or strategies for the community or the Shire to pursue.
The airport owners are not only directly limiting the growth of the airport and the advancement of town planning but are also undermining our economic potential. |
As discussed in the response to submission 19(b), the Shire’s planning framework is based on the premise that the Broome International Airport will relocate a site on the Broome Highway and this position has not varied. However, it is noted that the airport currently has an approved Development Plan in place that sets the timeframe for relocation at 2025.
Discussions regarding potential noise, amenity and environmental impacts of the Airport are not relevant to consideration of the draft Strategy. |
Not support. |
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Rising sea levels will bring significant change to Broome’s coastal zone in coming decades. Many of our coastal environments such as beaches, estuaries, coral reefs and wetlands are closely linked to sea level. There is a lack of knowledge in Broome as to how these environments will respond to sea-level rise, but the risk of beach loss, salinisation of wetlands and inundation of low-lying areas and reefs beyond their capacity to keep pace must be considered in local decision-making.
Broome has no area for which it can implement a strategic planned retreat from the raising sea levels and the eroding foreshore needed to preserve the viability of Broome into the future.
Planned or managed retreat involves a decision to withdraw, relocate or abandon assets that are at high risk of being affected by climate change hazards in the coastal zone. In the longer term, planned retreat often provides the most cost-effective approach to managing risks to medium to high-value assets exposed to inundation or erosion risk. Planned retreat, which can occur on a range of scales, can involve increased setback provisions, relocation of structures within properties, and rezoning of land.
Unless there is a committed and bidding agreement between the Broome Shire and the airport owners to relocate the airport then Broome will be incapable to achieve future growth and the adaption requirements for raising sea levels and transitional change.
The ability of the Broome Shire to implement a policy of Planned Retreat, in relation to this Cable Beach Strategic, is fundamental to being able to adapt to potential Climate Change implications. The Council needs to embrace the concept of Planned Retreat as a sustainable option for Broome. |
As per submission 19(c) above. |
Not support. |
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Chinatown Unless the Airport relocates, space for Chinatown’s expansion and better linkage through to both Cable Beach and Town Beach is physically and practically impossible. Interesting to note that under several other headings within this Strategic Plan the Shire’s Coastal Vulnerability Study and the CMHR have been referred to, however these reports are not mentioned in relationship to Chinatown. Given the fact that Chinatown is one of the most vulnerable sites within Broome in relation to raising sea levels, tidal surges and storm water inundation. I am uncertain why this inconvenient truth has been passed over. |
Future impacts of coastal hazards in Chinatown are not covered in the draft Strategy as Chinatown falls outside of Precinct 11. Detailed planning for Chinatown has already been undertaken through the Chinatown Development Strategy (2013).
The CVS clearly outlines the risks to Chinatown and these will be considered as part of the Broome Townsite CHRMAP. |
Not support. |
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Ecological Corridor, “In order to counteract fragmentation, the establishment of ecological interconnecting corridors is important”.
The idea to establish corridors started to develop over 30 years ago in Broome. However, those original cultural and ecological corridors have been effectively wiped out, interrupted, developed upon and fragmented over the years. Ecological corridors are meant to strengthen the interconnection of habitats.
However, in Broome those connecting neighbouring nature reserves through corridors have been shattered. This is just embellished language within the report that has with no substance. A map needs to be developed to illustrate how this multi-functional and designated Ecological Corridor is envisaged, only than can the community give an informed opinion. |
The quotation included in the submission is not taken from the draft Strategy.
It is noted the same Environmental Cultural Corridors (ECCs) that were included in Town Planning Scheme No. 4 (1999) have been carried across into Local Planning Scheme No. 6 (with the exception of Lot 502 Gubinge Road which is scheduled to be transferred to Yawuru in freehold as part of the 2010 Indigenous Land Use Agreement.) ECCs have further been integrated into the planning for Broome North and will continue to be required in any new estates. |
Not support. |
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Built Form Councils could be liable for not providing flood data and for permitting a vulnerable development to go ahead, the developer for building it, the homeowners for not realising the risk, the building code authority, the banks for financing the development and the mortgages, or the insurers. There’s definitely an immense requirement for the Broome Shire to show leadership and responsibility on this. |
The CVS shows where flooding due to coastal inundation is predicted to occur, and new development will not be permitted in these locations unless it is consistent with an endorsed CHRMAP. No coastal inundation is predicted in the Cable Beach Precinct as the high relief of the dune system will provide adequate protection from elevated water levels.
The CVS indicates that there will be some localised inundation in the Cable Beach Precinct due to stormwater runoff, mostly along existing drainage channels. The Shire is currently undertaking a District Stormwater Management Strategy which will consider stormwater inundation in greater detail and look at mitigation measures for areas at the greatest risk.
Local Planning Scheme No. 6 already requires the Shire to have due regard for the following:
the suitability of land for the development taking into account the possible risk of flooding, tidal inundation, subsidence, landslip, bush fire, soil erosion, land degradation or any other risk.
New development in areas shown to be at risk of stormwater flooding will need to demonstrate that it can successfully manage this risk to be able to satisfy the above. |
Note submission. |
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Shire of Broome Direction Investigate the relocation of road access onto Cable Beach to a location north of the Cable Beach Amphitheatre. It needs to be understood that any access to the beach for motor cars can also be an avenue for salt water intrusion during storm and tide surges. These types of roads usually end up acting as unintentional storm water drainage system. |
Noted. The design of any potential new access ways will be considered at subsequent stages of the process. |
Note submission. |
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Public Realm - Surf Life Saving Club Who holds the title for this piece of land in which the Surf Life Saving is currently located? This needs to be clarified, as it is common knowledge that this sand dune had been flatten illegally by the Broome Shire in the late 1980s.
Is the Shire sure they hold the Land Title? What is the current Lease Agreement with the SLC? Who will pay for the proposed redevelopment of the SLC? The Shire or the SLC? |
The Surf Club is located on Reserve 36477, which is a Crown Reserve with a Management Order in favour of the Shire of Broome for the purpose of ‘Recreation, Car Parking and Drainage.’ The Management Order grants the Shire power to lease for a period of up to 21 years with approval from the Minister for Lands. The boundaries of Reserve 36477 extend approximately 64m seaward of the footprint of the Surf Club.
The Shire currently leases the Surf Club building to the Broome Surf Life Saving Club. The redevelopment of the Surf Club is conceptual at this stage so it is has not been determined who will pay for it, should it progress. However, as noted above the draft Strategy does not commit Council to any expenditure and any infrastructure projects will have to be considered as part of future revisions to the Corporate Business Plan and included in the relevant annual budget. |
Note submission. |
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Development Control Provisions Consider Coastal Hazard Risk In The Design And Siting Of New Development and Infrastructure.
Until, the Coastal Vulnerability Study and the Coastal Risk Management and Adaption Plan has been endorsed by the Shire Council and the community given access to these documents and consulted about the findings the Cable Beach Development Strategy remains incomplete, inaccurate and inadequate. |
As per submission 19(a) above. |
Not support. |
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“Use the Cable Beach Amphitheatre As The Primary Location For Large Events.”
Why should the Cable Beach Amphitheatre be considered the primary location for large events when the Town Oval, the Turf Club and Town Beach are far more assessable to many more residents?
This should be changed to say Use the Cable Beach Amphitheatre as one of the primary location for large events. It should also be noted that this site is extremely vulnerable to storm surges and has collapsed several times over the years undermining the road foundations and dragging foundations out to sea. |
The intent of this action is that the Amphitheatre will be the primary location for large events in the Cable Beach Precinct as it is acknowledged there are other venues around Broome where events are supported and encouraged. It is recommended that this action be amended to clarify this. |
Support. Recommend amending Action iii. of 3.8.1 to state:
iii. Use the Cable Beach Amphitheatre as the primary location for large events in the Precinct. |
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“Where New Development Proposes To Discharge Stormwater into The Shire’s Drainage System, A Headworks Charge Will Be Imposed As A Condition Of Development Approval. “
A financial fee payable to the Shire does not address the pollution issue associated in the storm waters being directed straight out to sea. Nor does it foster the concept of water harvesting and good water management. In the age of climate change we should be incorporating water harvesting concepts that encourages what little rain we have in Broome to remain on land to recharge aquifers. |
The District Stormwater Management Strategy will include water quality modelling to investigate discharge into Roebuck Bay and make recommendations as to where improvements to the existing drainage network could be considered to provide benefit in this regard. However given Broome’s location, available land and existing drainage network it will not be possible to eliminate stormwater discharge into the ocean and Bay completely.
The Shire already has an ‘Aquifer Recharge’ Special Control Area (SCA) in its local planning scheme, which is described as follows:
6.2.6.2 Land situated within the Drainage Aquifer Recharge Area is required principally for the purpose of a drainage compensation area and aquifer recharge area. The intensity of development within this area is to be limited at the discretion of the local government to an extent which does not detrimentally affect the drainage and recharge purpose of the area.
The CVS contained a hydro-geological report which considered, amongst other things, where the highest amounts of recharge were experienced in the Broome peninsula and it is the Shire’s intent to review the extents of the ‘Aquifer Recharge’ SCA in accordance with these findings. |
Not support. |
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Shire of Broome Direction
Shire of Broome Direction – Public Realm Prepare a Foreshore Master Plan For The Cable Beach Foreshore (Reserve 36477) That Explores The Concepts Outlined In The Concept Plan (Figure 5) And Provides A Detailed Basis For Undertaking Improvements To The Public Realm. Land use planning is the appropriate way to prepare for the long term climate change adaptation Preparing a Foreshore master Plan without taking into account the projected impact of raising sea level is immature and ill advised. Climate change adds an additional source of unknowns for decision makers to manage and planners must accept uncertainty as inherent to the climate change problem.
While Broome certainly will not be immune from the adverse impacts of climate change, if we manage the challenges well it has the potential to enhance our liveability advantages relative to other places in the Kimberley. With good planning and preparation we can take steps to maximize our natural comparative advantages.
The Broome Shire needs to respond to the opportunities and challenges of climate change in a way that enhances the community’s prosperity and resilience. Our aspirations is for the Broome community to be the best in the state of Western Australia in responding to climate change, and prepared to meet the challenges and seize the opportunities climate change presents.
We can outsource our problems to a new generation of green engineers, designers, and architects, but we will only see broad, lasting changes when the people of Broome create a vision for the future and lead the process for change and adaptation.
Hazard risk management approach requires community understanding and engagement to be effective. Until the original and unmodified Coastal Vulnerability Study is made available to the Broome community, how is the community expected to engage effectively in this current consultation feedback process regarding the Cable Beach Development Strategy?
The community has not had access to the CVS Report or its findings and do not understand the coastal hazards risks predicted or the social, economic and environmental consequence of those hazards. Therefore, how can the community be expected to manage and adapt when information is being withheld and they have not been consulted? Only when the community has full and open access to these original consultant’s reports and are consulted about their findings can they make any informed suggestions or educated responses to the Cable Beach Development Strategy? |
The CVS was formally received by Council in June 2016 and is publicly available via the Shire’s website.
The Broome Townsite CHRMAP has commenced and much of the background research and community engagement will have been completed prior to the commencement of the Foreshore Master Plan (FMP). As such, it will be possible for the FMP to integrate with the CHRMAP outcomes. |
Not support. |
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Image 6: Interactive Signage It is important to note that there are very limited and poorly preserved dinosaurs tracks at Cable Beach. There are world significant tracksites within the Broome area that need interactive signage and updating. An interactive signage in Image 6 would be not appropriate at Cable Beach. If this type of signage is planned it must be done in consultations with the Dinosaur Coast Management Group and the University of Queensland, to ensure that the information is true and correct. |
Image 6 is intended for illustrative purposes and is not to reference dinosaur trackways. However, should the Dinosaur Coast Management Group/University of Queensland wish to participate in the development of the Foreshore Master Plan, they are welcome to do so. |
Note submission. |
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Concept Plan The Foreshore Master Plan and the Shire will need to ensure that preparation and delivery of this Plan implements and upholds the State Planning Policy 2.6 – State Coastal Planning Policy (SPP2.6), Communication and community consultation as prescribed in the legislation. |
As per submission 19(a) above. |
Note submission. |
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Manage Coastal Hazard Risk The community has not had access to the CVS Report or its findings and do not understand the coastal hazards risks predicted or the social, economic and environmental consequence of those hazards. Therefore, how can the community be expected to manage and adapt when information is being withheld and they have not been consulted? This CVS was available to the Shire in the development of Town Planning 6 and the community was not given access to these findings or report during the community consultations.
Only when the community has full and open access to these original consultant’s reports and are consulted about their findings can they make any informed suggestions or educated responses to the Cable Beach Development Strategy?
This raises other concerns pertaining to who actually has had contact to these reports findings and has this created economic advantages for an elite few? |
As per submission 19(a) above. |
Not support. |
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Relocate Vehicle Access
On one hand the Shire is developing a Youth Framework that will guide the Shire of Broome's involvement in youth services. And, on the other hand appears to be quite happy to suggest a busy access road to the beach through the Kimberley Camp School, an old and very much valued Broome institution.
It would be interesting to note what the Broome Youth Advisory Council would say about this. I believe that this particular proposal will not be welcomed or supported by the community and would be vigorously opposed. Interesting to note that parents have expressed children’s safety issues with backpackers in the car park at Cable Beach, I am far more concerned with the safety of children when a major road utilizing the Camp School as thoroughfare.
I do Not support the concept of creating a public access through a sensitive sand dune system because what will stop vehicles having access to the entire system, creating even more informal environmentally destructive tracks. Who and how will this be managed or monitored. The Shire needs to close these informal tracks and in association Yawuru and commerce rehabilitation program and assign rangers for monitoring and compliance. |
The draft Strategy clearly states the options presented are ‘initial’ and ‘will require further exploration.’ Section 4.4 acknowledges there are constraints associated with the options presented, including adverse impacts on the amenity of the Camp School and adverse environmental impacts associated with crossing the dune system.
It is acknowledged that one or more of the initial options may ultimately be removed from contention due to a ‘fatal flaw,’ however until further due diligence investigations can be carried out, removing options is Not supported.
The Broome Youth Advisory Council will be invited to participate in the development of the Foreshore Master Plan. |
Note submission. |
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Upgrades to Amphitheatre Not appropriate until Coastal vulnerability Study is released. |
As per submission 19(a) above. |
Not support. |
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Pedestrian Links This area has substantial Monsoon Vine Thicket pockets that need to be protected, appreciated and cherished. The Monsoonal Vine Thicket in this location has been placed under enormous strain since the development of the Surf Life saving club was built. |
The Monsoon Vine Thickets are already protected through the Commonwealth Environmental Protection and Biodiversity Conservation Act 1999 and in the Shire’s Local Planning Scheme No. 6 through Special Control Area No. 7 – Landscape Protection Area. Clause 6.2.7.2 states, with respect to this SCA:
A person must not fill, clear, drain or carry out earthworks, construct any building or levee, damage a tree, shrub, or indigenous vegetation, on land within a Landscape Protection Area without the approval of Council.
Notwithstanding this, a cleared path already exists in this location providing pedestrian access to the beach from Murray Road and this path is included in the Nagula Trails through Minyirr Park. It is considered that this path can be maintained without harming the vine thickets. |
Support. No modifications required. |
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Many of these pressures will continue to increase. The natural composition and function of the ecological community have been significantly depleted across its full range. This has occurred for a number of reasons including clearing of native vegetation, inappropriate fire regimes, non–native or invasive species, climate change, water diversion, pollution and urban/tourism development.
Because of this Cable Beach Development Strategy this ecological community will continue to be affected by a rapid and significant reduction in geographic distribution and/or ecological function. |
The draft Strategy does not proposed any development in the location of the vine thickets and as discussed above these sensitive areas are already protected under Commonwealth legislation and through Local Planning Scheme No. 6. |
Not support. |
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Surf Club Redevelopment It must be noted that the original Surf club building was totally illegal and the sand dunes were bulldozed and flatten illegally. It does not surprise me that this area is one of the only places along Cable Beach that is currently being heavy impacted upon by storm and tidal surges. What CHRMAP report? And what actions? Who holds the title for this piece of land in which the Surf Life Savings is currently located? This needs to be clarified, as it is common knowledge that this sand dune had been flatten illegally by the Broome Shire in the late 1980s. Is the Shire sure they hold the Land Title? What are the current Lease Agreement with the SLC? |
The CHRMAP is discussed in response to submission 19(a) above. The Surf Club is discussed in response to submission 19(o). |
Not support. |
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Road Realignments and Extensions
Cable Beach Road West to Chinatown Due to the fact that the airport has not relocated is proving to be highly detrimental to the planning, liveability, health and well being of the community. The enjoyment of the visitors is being weakened because of aircraft noise factors and this in turn is commercially damaging to the Broome brand and small business owners. Unless the Airport relocates, space for Chinatown’s expansion and better linkage through to both Cable Beach and Town Beach is physically and practically impossible.
In all reality, Broome cannot address the necessary climate modifications and adaptation issues until the airport is moved whereby providing the opportunity for a planned retreat from the coastal strips.
Unless there is a committed and binding agreement between the Broome Shire and the airport owners to relocate the airport then Broome will be incapable of achieving future growth and the adaption requirements for raising sea levels and transitional change. |
As per submission 19(b) above. |
Not support. |
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Sensitive Redevelopment of the Old Crocodile Park This property is privately owned, is currently not up for sale and lease. If sold its the new owners who will make the decisions as to how to redevelop, not the Shire.
An increase in height to 5 storeys development is Not supported or necessary and will open a flood gate for others to follow. Planning scheme 6 currently has a height of 3 storeys, even this height is Not supported. A Visual interpretation of this concept will need to be undertaken to understand how this development will be seen from Cable Beach. An uninterrupted skyline is of great value to residents and visitors alike. Cable Beach is valued for its open visors and space. A 5 storey development will create a lot of community anxiety and would be stalwartly opposed |
As per submission 3(a) above and 5(c) above. |
Not support. |
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Yawuru Tourist Development This development will be problematic because it contains several Monsoonal Vine Thicket pockets and will undermine the stability of the Holocene sand dune system. The current sand dune system that runs along the west side is under consider stress because of reduced rainfall, fires and the altered drainage systems which have affectedly redirected water flow down drainage cannels and away from the Vine Thicket itself. Drainage issues already exist in this location and will continue to be a major issue for this site because currently water travels towards the coast. |
The sensitivity of this site is acknowledged in the draft Strategy and Section 4.16 states:
As the only development site west of Cable Beach Road West, it will be important that the development of tourist accommodation on this site is done in an environmentally sensitive manner that recognises and respects the dune environment and the adjacent Monsoon Vine Thickets.
The site will also be covered by the Broome Townsite CHRMAP (as it is subject to erosion risk) and will have to consider the outcomes of the District Stormwater Management Strategy, as it is subject to inundation from stormwater runoff. |
Support in part. No modifications required. |
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Car Parking Analysis and Reconfiguration Car parking should be kept at its current level. Introducing more car parking discourages the need to address public transport and will create additional drainage and storm water issues. |
The amount and configuration of car parking will be considered in the Foreshore Master Plan. |
Note submission. |
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Concept Plan Implementation This Cable Beach Development Strategy and the Shire are not implementing or upholding the State Planning Policy 2.6 – State Coastal Planning Policy (SPP2.6), Communication and consultation as prescribed in the legislation. |
As per submission 19(a) above. |
Not support. |
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It is unprofessional to refer the CVS & CHRMAP draft reports within the Cable Beach Development Strategy when these documents are still in draft form, have not been endorsed by the Shire and the community have not been consulted or advised about their findings.
Hazard risk management approach requires community understanding and engagement to be effective. Until the original and unmodified Coastal Vulnerability Study is made available to the Broome community, how is the community expected to engage effectively in this current consultation feedback process regarding the Cable Beach Development Strategy |
As per submission 19(a) above. |
Not support. |
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Other Areas – Broome International Airport Land and Old Broome
“this land is ‘shovel ready’ to provide additional opportunities to address the remaining shortfall in retail floor space until 2031”
This shovel ready land is a criminal eye sore and to think that ratepayers paid 800,000 for this is preposterous. Commercial operations on these lots are highly unlikely in the near future given the down turn of the Broome commercial property market.
Landscape and visual impacts often occur on a cumulative, drip-feed basis: deaths of the landscape by a thousand cuts. |
Development of this land for large format retail is consistent with its zoning of ‘Service Commercial’ under Local Planning Scheme No. 6 and the recommendations of the Local Planning Strategy. There is currently a subdivision approval in place and drainage works were undertaken in accordance with this approval. |
Not support. |
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ii |
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Aircraft noise was and has been tolerated by the Broome community for many years and most people made this allowance. However, once the heavy lift helicopters came to town this forbearance no longer exists. This was clearly indicated in the Community Strategy Plan were 48% of people listed the relocation of the airport as their top priority.
The effects of noise pollution include: Loss of concentration, sleep disturbance, anger, frustration and powerlessness to control the noise, fear of accidents and of potential increase in frequency of noise, mental health diminished educational achievement. Noise above 80db increases aggressive behaviour.
Many residents have said that they were not prepared to continue to make further quality of life concessions to tolerate higher noise levels, in order to accommodate more industrial activities. |
Concerns over noise from the Broome International Airport are not relevant to consideration of the draft Strategy. |
Not support. |
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jj |
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There is serious talk in town to launch a Class Action against the Airport and the Shire for not upholding the original agreement associated to the sale of the Airport made by the private owners, the shire and the Federal government. |
Concerns over the operations of the Broome International Airport are not relevant to consideration of the draft Strategy. |
Not support. |
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kk |
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The often extensive use of space in order to accommodate more tourist activities will eventually degrade the physical environment which is one of the primary attraction points, in simple words: too much tourism will kill tourism anyway.
Tourism should contribute to sustainable development and environmental protection, and provide the necessary means for that. As a tourist taking an early morning walk around 6am along Cable Beach, interrupted by the noise of heavy lifting helicopters just metres above them. Coffee and morning tea in Chinatown droned out with taxiing helicopters. A cool evening, in the world’s oldest picture garden interjected by helicopter training flights. Al fresco, dining in Chinatown, exposed to 45 minutes of monotonous helicopters noise. A quiet Sunday morning sleep broken by droning helicopters.
This is the current situation for many tourists in Broome. The airport is not just cutting the future growth, opportunities and the town in half it is currently playing a major role in devastating the ambiance of Broome and its potential tourism future. |
Concerns over noise from the Broome International Airport are not relevant to consideration of the draft Strategy. |
Not support. |
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20 |
Allan Griffiths PO Box 1130 Broome WA 6725 |
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a |
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I have been making submissions on behalf of a number of owners of “underdeveloped” land in the Cable Beach Tourism Precinct for the past 20 years and nothing has changed. When will Broome dictate its own policies based on seasonal commercial influences, population base and economic realities, rather than succumbing to the unproductive policies of Tourism WA and its influence on the WAPC? Nothing has changed but the industry continues to change, e.g. Airbnb. Should it not be the Shire’s responsibility to create conditions that promote and support development, not suppress it?
It seems incredible we have yet another strategy plan being proposed for the Cable Beach Tourism Precinct when there has been NO DEVELOPMENT of any consequence or influence that has been undertaken in the precinct in recent times.
Surely this must send the message that the contents and recommendations included in all the previous plans have had no impact whatsoever, nothing has happened either in the “public” domain or on freehold land.
The “Draft Strategy” recognises and notes some of the reasons why there is no commercial development, without which many of the recommendations for enhancing street frontages will not happen as they are to be paid for by the developer or the Shire will require the additional rate revenue to be able to undertake any of the proposed initiatives. |
The Shire has set its own policies for the Cable Beach Tourist Precinct by formalising the 60% tourist development – 40% permanent residential split in Local Planning Scheme No. 6. The draft Strategy recognises there are concerns about this in the development industry (and have been for some time), however without this restriction there will be no way to ensure the primary tourism function of the area is maintained.
The draft Strategy has provided some incentives to encourage development, including a relaxation of height restrictions on the Old Crocodile Park site, and a density bonus to those who provide an active commercial use along a ‘Priority Active Frontage.’ In response to the submissions received (refer 13(a) and 13(b)), officers are recommending further incentives such as: · Considering commercial development along a ‘Priority Active Frontage’ to be a ‘tourist land use’, which will allow a developer to build the commercial component in tandem with the permanent residential component as ‘Stage 1’ of an integrated development; and · Not requiring tourist accommodation to be provided along the ‘small scale retail strip’ as long as development meets the requirements of the Shire.
These incentives allow more flexibility within the existing ‘Tourism’ zone. |
Not support. |
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b |
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If nothing changes, nothing changes. The market has changed and will continue to evolve rapidly in ways we cannot yet image, e.g. the viral spread of such products as Airbnb and Uber on the holiday accommodation and public transport sectors, virtual real estate agents who operate without an “office” and travel agents and retailers that are competing with direct buyer via the internet are just some examples of industries that are being forced to change to very different consumer expectations.
It could be said that ‘locking up’ all the undeveloped or underdeveloped land in the Cable Beach Tourism Precinct is akin to reserving it for car manufacturing.
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That industries change is acknowledged. Notwithstanding this, the Shire’s Local Planning Strategy sets the strategic planning direction for the next 10-15 years and this Strategy clearly establishes the Cable Beach Tourist Precinct will be ‘the major leisure tourism area of the Shire, including hotels, restaurants, bars, tourist accommodation and leisure tourism activities on and around Cable Beach.’ The only way to ensure this occurs is to maintain the ‘Tourism’ zoning. |
Not support. |
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c |
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An “Integrated Development” in accordance with the definition as described in Section 3.4 of the Draft is a major and overwhelming obstacle to develop as the policy that determines what it is a “Preferred Use” represents the reason that that they have not taken place, it is not about site coverage or plot ratios, it is about the restrictions on “use” and all the funding and selling objections that go with it. |
Officers understand that one of the main concerns regarding financing is the inability to undertake the residential development component prior to the short stay accommodation component. Should Council support the recommendation of officers in response to submission 13(a), this will now be able to be done as ‘Stage 2’ along ‘Priority Active Frontages’ if Stage 1 of the development contains a tourist-orientated commercial use fronting the street. |
Not support. |
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d |
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Accommodation is a market driven industry and we are trying to manipulate and control it in an environment that has significant challenges when compared to destinations competing for the same $’s. Cost of construction, headworks charges, building specifications, cost of power, climate, isolation are among the most well known and yet we continue to propose the same policies, in different formats and with few unrealistic changes and expect things to change. |
The Shire’s position is consistent with that of the Western Australian Planning Commission and the allowance for 40% of the site area and number of units to be used for permanent residential on every site zoned ‘Tourism’ is more generous than the percentage allowed in many local governments. |
Not support. |
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e |
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To think that allowing a 5 storey building on Lot 2212, or the old Crocodile Park will make development more feasible suggests that those drafting these proposals have absolutely no experience with the commercial realities of undertaking a project in a market place that will ALWAYS face the challenges of a remote location and seasonal and sometimes extreme climate conditions.
The cost of construction goes up exponentially with each additional level when it is required to conform to cyclone category building standards, and then there is of course the additional headworks, air-conditioning and power costs but no real increase in the percentage of revenue generated as against cost per room. Just a greater risk of loss from under utilised public facilities such as incorporated street frontage restaurants, bars or cafes because of the wet season and the lack of the required “critical mass” of permanent residents in the immediate area. |
Developers will always have to conduct their own feasibility assessments when determining if a project is viable.
There is already a ‘critical mass’ of permanent residents in the adjoining Sunset Park Estate and the emerging Broome North Estate. The implementation Local Development Plan No. 3 for Broome North will see Tanami Drive connected to Sanctuary Road providing a direct road link to the heart of the Cable Beach Precinct.
When fully developed, it is envisaged that Broome North will provide approximately 4,500 new dwellings, with the future development of the Yawuru freehold land on Gubinge Road directly adjacent to the Precinct yielding approximately 750 dwellings. This is essentially a doubling of the existing dwellings in Broome and will comprise the bulk of new residential development in the town for the next 20 years and beyond. It is considered that this will provide a sufficient population to support businesses in Cable Beach outside the peak tourist season. |
Not support. |
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f |
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If anyone is naive enough to think that residents in Cable Beach will drive to Broome North to shop or Broome North residents will travel in great enough numbers to Cable Beach to support retailers has no experience or is ignoring human behaviour patterns that is the available and consistent evidence in Broome.
There are examples available to us every day that could well be the subject of yet another “study” but the reality is that the “commercial” facilities, other than Child Care, in Roebuck Estate have been less than successful and the area has, and has had a much higher level of population than Broome North is likely to have for some years. Having a price competitive supermarket located in Broome North is also a challenge in terms of financial feasibility and the residents will travel to the majors to shop more cost effectively, they are generally not well healed tourists so won’t shop at Cable Beach Precinct facilities either as the cost of rent (in order to gain a reasonable return on investment into built form) will require business operators to charge a premium. The seasonal factors will also be an obstacle to the viability of retailers in the Cable Beach Precinct.
Residents of Broome will Not support retailers unless they can park in close proximity. In contrast residents in Perth are quite accustomed to supporting centres such as Galleria and Garden City where they may have to park up to 150 or more meters from the entry to the centre and then walk a similar distance once inside.
Broome North or Waranyjarri WILL NOT provide the critical mass required to support even a “small scale retail strip” all year. |
Current businesses in the Cable Beach Precinct such as Zanders, the Sunset Bar, Diver’s Tavern, Zeebar and the Zookeeper’s Store attract patrons from all over Broome.
‘Placemaking’ is gaining popularity as a discipline of urban design that focuses on the social and cultural importance of lively neighbourhoods and inviting public spaces that are not designed around cars. One of the principles of placemaking is ‘the power of 10’ which stresses the importance of offering a variety of things (10 focal points) to do in one location. It can be argued that Local Centres such as the one in Roebuck Estate did not do this effectively, and hence have not experienced continued success. The draft Strategy seeks to encourage a variety of activities in the Cable Beach Precinct, to create a lively environment that will appeal to both tourists and residents.
The draft Strategy allows for parking relating to active land uses along ‘Priority Active Frontages’ to be located in the road reserve which will be in proximity to the development. |
Not support. |
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g |
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Cable Beach Tourism Precinct requires a critical mass of permanent residents and these residents may well be investors in “developments” that are multi user, i.e. visitor or permanent. It is about design and form and not about restricting use.
The market will determine “use” and if the market matures and develops through such events as direct flights to international air transport hubs, so as to provide competitive air fares, efficient travel routes and consumers from less comfortable climates (even in the wet season) then the market will provide a higher and better use for property owners that “residential” and it will adapt accordingly.
There is no need to change the “zoning” from Tourism and there are many avenues available to protect that zoning from future threat, e.g. Chinatown and the Heritage WA Memorial on all C/T’s. |
A critical mass of permanent residents can be obtained from the 40% as well as from the adjoining residential areas, which as discussed in response to submission 20(e) above will double the supply of existing dwellings in Broome.
Officers considered a market-based approach as set out, and have not recommended support for this approach based on the following: · It is inconsistent with the strategic direction established in the Local Planning Strategy and the WAPC’s position on planning for tourism; · There is considered to be a sufficient residential land supply in Broome and as such there is no need to allow ‘Tourism’ land to be developed solely for residential purposes; · If developments are built predominantly to support residential use, they are unlikely to provide the necessary facilities required for transition to tourism at a later date, such as reception areas, laundry/cleaning facilities, restaurants and other guest amenities such as day spas. Essentially these developments will be, at most, self-contained holiday apartments which will not provide the range of accommodation options that is considered desirable under the Local Planning Strategy. · Additionally these developments will likely be strata titled with no provision made in the Management Statement for common facilities or viable management arrangements. · There will be further no incentive for a developer to provide active land uses along ‘Priority Active Frontages’ which are considered key to enhance the amenity of the area and provide a level of activation that is appropriate for a world-class tourist destination. · There is no viable mechanism for putting a notification on title for possible future tourism use. |
Not support. |
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h |
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If the Shire is serious about creating an inviting, vibrant and progressive Cable Beach Precinct any study or strategy should be identifying WHY IT IS NOT HAPPENING rather than asking for further submissions on yet another “Development Strategy” that will generate the same result and actions as those done in the past.
The Shire needs to create an environment that is at least inviting to potential developers to consider taking the substantial risks involved in any development in Broome in the foreseeable future.
To do this the Shire, WAPC and Tourism WA need to recognise and accept that Broome and indeed the Kimberley is not south of the 26th parallel and is highly influenced by factors that have a much greater commercial impact than in the south of the state.
Unless the “obstacle” are addressed and removed the Cable Beach Tourism Precinct will remain basically unchanged for the foreseeable future. |
Refer responses above. |
Not support. |
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i |
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Why is it that destinations such as Cairns, Port Douglas, Noosa and for that matter any other state in Australia have tourism product fully integrated with permanent residential, retail, and commercial developments and activities. Just visit the waterfront precinct of the Esplanade in Cairns for a glaring example and they have a much larger permanent population than Broome is ever likely to have.
We are putting the cart before the horse, so to speak, yet again. |
The intention of the draft Strategy is to create just that. The ‘Tourism’ zoning allows for ‘mixed use’ development including tourist accommodation, permanent residential and a range of retail and commercial uses.
It is noted that (for example) the Esplanade in Cairns is a part of the City Centre, whilst in Broome the Cable Beach Precinct is geographically separate from the Town Centre of Chinatown. It is a challenge to both revitalise Chinatown as Broome’s premier activity centre and enhance the Cable Beach Precinct so to create activity and interest to support the tourism industry. |
Not support. |
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j |
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I have also attached an email from the Douglas family, owners of the Old Crocodile Park just in case they do not submit it through their own frustrations and also an example of what the federal government see as the parameters for serious studies into tourism shortcomings.
You are just dishing us up more of the same with a few extra frills to justify the resources and costs of undertaking yet another unproductive assessment. |
The attachment concerns the Commonwealth seeking consultancy services to undertake an audit of Australian Capital Territory tourism products and experiences. This is not relevant to consideration of the draft Strategy.
It is further noted that the draft Strategy was not prepared by consultants with the only cost to Council being staff time. |
Not support. |
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21 |
Regan Grant & Melita Grant PO Box 3412 Broome WA 6725 |
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a |
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Would love to see all proposed works to the Cable Beach area implemented. Especially more entertainment/markets etc at amphitheatre, more choice of restaurants & bars at the beach, improvements to Surf Club & somewhere for campers/backpackers to stay at a cheaper cost. |
Noted. |
Support. No modifications required. |
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b |
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Some other things we think would be great would be a water park, or stinger/croc safe swimming area at Cable Beach (similar to Darwin), to attract visitors in the wet season & something for local kids to do. Also BBQ’s at Cable Beach & Sunset Park! Don’t mind paying $1 etc for gas. |
Potential public realm improvements will be further explored through the development of the Foreshore Master Plan for Cable Beach. However, it should be noted that this is unlikely to include a water park, given the provision for the existing Town Beach water park to be expanded in the 2014 Old Broome Development Strategy.
The draft Strategy includes a recommendation for a barbeque at Cable Beach in Section 4.6(b) – Public Amenities. |
Support in part. No modifications required. |
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22 |
Janie Dumbrell PO Box 5047 Falcon WA 6210 |
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a |
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I support the proposed Cable Beach development Strategy. Of particular interest to me is safe pedestrian and cycle ways within the precinct. Millington Road needs a shared pathway to link with the proposed pedestrian access to the north of the precinct at proposal # 7. |
There is already a path on the eastern side of Millington Road which extends to the intersection of Frangipani Drive. The Shire has no current plans to upgrade this path, however this would likely need to be reconsidered if the beach vehicle access was relocated to north of the Camp School. |
Note submission. |
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b |
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A means of transport from Cable Beach to Gantheaume Point has often been a topic of discussion by people utilising the beach for exercise and leisure. This is a missed opportunity to engage more people including tourists in beach activities and spread those activities along the entire length of the beach.
During the dry season many boats and yachts visit Gantheaume and the crew of these vessels have no way of getting into town for provisions or to visit places of interest/tourism. A bus service between Gantheaume and Cable Beach bus port would provide a connection to the town bus service. |
This idea could represent a business opportunity for a private operator, however it is not within the role or capacity of the Shire to provide this service.
The draft Strategy considers extending activities on Cable Beach to the south of where they currently take place. |
Note submission. |
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c |
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The connection between Cable Beach and town is important. Humans by nature will take the shortest route. We currently utilise Fairway Drive, Jigal Drive and Sandpiper Ave to get to town. Perhaps a dedicated access road via the Yawuru land then parallel to Sandpiper would be worth considering? |
The draft Strategy acknowledges this and recommends two road connections between Cable Beach and Chinatown, one from Cable Beach Road West through the current Broome International Airport, and one from Djiagween Road to Spoonbill Avenue. A direct road link parallel to Sandpiper Avenue will not be possible as the ‘Western Triangle’ subdivision has been constructed in that location. |
Support in part. No modifications required. |
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d |
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Finally – this is not within the focus or scope of this strategy but the economic future of Broome would be brighter if the airport regained its international rating and received flights from Malaysia, China, Japan etc. This would provide a huge boost to tourism. International tourists invest more in their holiday experience and will inject much more financially per visit than domestic visitors. |
The Shire is supportive of international flight connections, however as noted this is not a matter that can be dealt with through the draft Strategy. |
Note submission. |
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23 |
Ross Forbes- Stephen Cable Beachside Villas PO Box 2364 Broome WA 6725 |
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I support the proposal with the following comments and reservations:
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a |
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Rubbish Bins – there is no inclusion in this proposal for managing public rubbish removal. Currently there are only about 10 street side public rubbish bins located in the entire Cable Beach Tourism Precinct. This is simply not enough. Often these bins are full and there is a huge amount of rubbish left by tourists and residents on the verges and park lands.
This area has a very high level of foot traffic, and many places available to purchase takeaway products, such as drinks, food, alcohol. Unfortunately, most people are lazy and if they cannot see a rubbish bin nearby, then they will just drop litter where they are.
Rubbish bins need to be included in the development plan and should be located on all major foot traffic ways, so that there is no more than 500m between each rubbish bin and that a rubbish bin should be visible from all foot traffic areas.
I estimate that the following rubbish bins are required: · Murray Road – 6 bins · Cable Beach Rd West (between Murray Road and Sanctuary Drive) – 3 bins · Cable Beach Rd West (between Sanctuary Drive and the beach) – 3 bins · Footpath on Cable Beach above cliff face – 5 bins · Sanctuary Road – 7 bins · Millington Road – 8 bins · Challenor Drive – 4 bins · Coucal St – 3 bins A total of 39 bins |
The need for adequate provision of rubbish bins is noted and it is recommended that Sections 4.11 (a) and (b) be amended to reflect that this will be considered as part of the streetscape improvements.
Suitable spacing between bins will be determined in conjunction with the Shire’s Waste Management team. |
Support. Recommend amending Sections 4.11(a) and (b) to insert ‘rubbish bins’ after ‘landscaping’ and before ‘on-street parking.’ |
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b |
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I believe that Option 4B is the best solution for access to Cable Beach for cars. Ie from Lullfitz Dr. The entrance to the beach road from Lullfitz drive is easy to get to from anywhere (as basically, it is vehicular access, so as long as it is in the Cable Beach Tourism Precinct it doesn’t really matter), however the best part of this location is that the beach access end would be approximately 2 km further north from the rocks. This means that most heavily populated part of the northern beach area would be car free – meaning greater improvement in pedestrian safety.
The current situation where cars drive from the amphitheatre through the rocks, means that cars are driving through heavily populated pedestrian areas and I am surprised that no-one has been run over or hurt yet. |
Noted. This option will be explored in greater detail as part of the Foreshore Master Plan. |
Note submission. |
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c |
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Section 13 refers to a backpacker parking area. I do not believe that this is even necessary. We have many caravan parks in Broome with reasonable rates for small vans and these are currently being underutilised for all but approximately 2 weeks of the year (ask the managers of the Broome Caravan Park for example). The backpackers are not camping in the beach parking areas because they do not have anywhere else to camp, they are camping in the beach car parks because they do not want to pay site fees.
It is a myth that we need to attract and keep more backpackers in Broome. I run a tourism business and we do use backpacker staff in the peak season, however for every staff member I employ, I turn away 100 others (no exaggeration). And this is common to most businesses. Even if we turned away half of the backpackers in Broome, we would still have more employees than are needed.
Any backpackers that we do employ are people who are staying in caravan parks or backpacker businesses. I have yet to receive a job application from anyone who is not already paying for accommodation. I know this, as I ask everyone who leaves a resume where they are staying.
Backpackers who camp for free at the beach are not adding much to the Broome economy, as they do not purchase from businesses, apart from minimal amounts of groceries and alcohol. The cost to the community, through complaints, reduced amenity and anti-social behaviour, is costing the community far more than we receive from these people.
Broome would be better served by the shire enforcing rules that prohibit any form of camp like behaviour in the car parks (ie, sleeping in vehicles, setting up cooking facilities, eating facilities, clotheslines, etc). These could easily be enforced by rangers. Also, setting and enforcing fines would pay for the cost to the shire and would quickly deter backpackers from this behaviour. |
As per submission 5(d) above. |
Not support. |
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d |
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Section 15 – I do not believe there is any case to be made for a 5 storey development anywhere in Broome. Part of Broome’s charm is that it is a small, relatively undeveloped location. People like the fact that there is no high-rise here – it distinguishes Broome from other tourist destinations.
There does not seem to be any business case for this 5 storey development either. There are many hectares of land in Broome and specifically in the Cable Beach Tourism Precinct that are yet to be developed. It will take decades for all of this land to be developed, or redeveloped, to a 3 storey height.
Take for example the block of land located between the old crocodile park and the Diver’s Tavern. This block has been undeveloped for over 15 years, as the owner of the land hasn’t been able to make a business case to develop this block, even at 2 or 3 storeys.
The owners of the Palm Grove Caravan Park have been sitting on development plans for a 3 storey complex of 400 holiday apartments for over 7 years now. There is simply no demand for that level of development in Cable Beach, and will not be for many, many years.
The only people who would benefit from a 5 storey development at the Old Crocodile Park would be the developers themselves. The investors would not make any money, as there is no demand for the product. If it is finished, it will ruin the feel of the Cable Beach precinct and tourists and residents alike will suffer from this. |
As per submissions 3(a) and 5(c) above. |
Not support. |
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24 |
Water Corporation PO Box 100 Leederville WA 6902 |
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Thank you for your letter dated May 3, 2016. The Water Corporation offers the following comments in regard to this proposal. |
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a |
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Water & Waste Water
The Corporation has noted the draft Development Strategy and advises the Shire that the strategy locality is generally within planned areas for water and waste water.
Existing water and waste water networks are available to serve proposed developments throughout the general locality. |
Noted. |
Note submission. |
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b |
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General Comments
The principle followed by the Water Corporation for the funding of subdivision or development is one of user pays. The developer is expected to provide all water and sewerage reticulation if required. A contribution for Water, Sewerage and Drainage headworks may also be required. In addition the developer may be required to fund new works or the upgrading of existing works and protection of all works. Any temporary works needed are required to be fully funded by the developer. The Water Corporation may also require land being ceded free of cost for works. |
The Water Corporation’s requirements are noted and it is assumed these will be imposed through conditions of future subdivision approvals in the Precinct, or as an Advice Note on a development approval issued by the Shire.
The draft Strategy notes that the Shire will impose a headworks charge where new development proposes to discharge stormwater into the Shire’s drainage system. |
Note submission. |
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25 |
David Dureau PO Box 262 Broome WA 6725 |
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Thankyou for an opportunity to publicly review the shires internally prepared draft proposal strategy for their nominated part of Cable Beach, nominated as precinct 11; for the 1st time May 2016 project to the entire proposal because presentation is full of error and assumptions, known to not have wide public support, and further contravenes the cultural, environmental, heritage values Broome Brands to attract tourists and investment.
Whistle
stop information booths for a few hours at boulevard or (unclear)
reports or consulting or surveys can all enhance, but never replace an
effective public presentation. I strongly recommend the shire presents its
draft plan at a public workshop before proceeding with precinct 11? I list following objections as standard issues in this draft; many more remain so this list is bilaterally incomplete. |
Extensive preliminary engagement was undertaken in 2015 which informed the preparation of the draft Strategy. This did not include a public workshop as officers were aware that a number of public workshops had been held about the Cable Beach Precinct in past years, with workshops conducted by two separate consultants in 2011 and 2012. The submitter was invited as a landowner in the precinct to participate in the process and had in-depth conversations with staff in June and July 2016.
A Community Engagement Plan for public consultation on the draft Strategy was prepared in accordance with the Shire’s Community Engagement Policy and Local Planning Policy 8.23- Public Consultation – Planning Matters and endorsed by Council in April 2016. |
Not support. |
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a |
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To ensure the education dept. Camp school remain visible for the purpose for future generations its land tenure be upgraded for all of reserve no31354 to all of a class reserve also the purposed road accessible access to cable beach be Not supported as unacceptable on any of this 31354 reserve, for all the reasons raised before and noise and proximity to children and dormitories leave access and current well planned alignment (since 80s) also it does not compromise turtle heritage site safety issues or involve further clearing or planning. |
For discussions about road access and the Camp School, please refer submission 9(a) above.
‘A class’ reserves are created by the Minister for Lands under Section 42 of the Land Administration Act 1997, not the Shire of Broome. |
Note submission. |
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b |
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There is no reference to the Lurujarri song cycle/ trade route heritage trail being on this land. To include. |
Nothing in the draft Strategy will specifically affect the continued existence of the trail. However, the draft Strategy refers to the cultural significance of Cable Beach and the existence of culturally significant sites generally, and therefore no further specific reference to the trail is considered necessary. |
Not support. |
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c |
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Little, if any input has been as a result of communication with Yawuru and/or Goolarabooloo is evident in draft document (grave omission) no strong statements to preserve sand dune contour, visual amenity, associated vine thicket and monsoon vegetation, only 02% of vegetation mass but vital habitat for 23% of all wild life 14%.
Although heritage sites are cited in draft proposals is consistent with past proposals, a land owners has (lots 983 & 948) alternately disrespected Billingurr site: bull dozing dunes within lot boundaries and clearing bushland and developing L.G. Land (Billingurr site, hidden valley) north of freehold boundary.
These breaches of the law must be recognised and prosecuted in the draft proposal. |
The Shire made considerable efforts to seek input from Yawuru during the preliminary engagement phase, through the development of a working draft, and finally to reviewing the draft Strategy prior to its presentation to Council. This is outlined in greater detail in the response to submission 34(b) below and it is noted that nothing was provided from Yawuru to the Shire in this regard. Goolarabooloo is not the recognised Native Title holders of Broome and as such the Shire did not engage directly with this group, however they had the ability to participate in public engagement activities.
The draft Strategy recognises the number of Aboriginal Heritage sites in the Precinct, and seeks to limit visual impact on Hidden Valley by preventing development from overlooking, or being visible from, this sacred area.
Past actions done by landowners with respect to Registered Sites should be considered and investigated under the Aboriginal Heritage Act 1972 and not this draft Strategy. |
Not support. |
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d |
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Not support outright proposal to remove current public road access to cable beach on every critical point, logic, administration, control, cost, safety, emergency, etc. I would support improvement to current access alignments oval safe carriageway; no further reduction of public space or use of amphitheatre basin for private purpose. Maintain public access as a priority at all times. |
As per submission 8(d) above, the reason why it is proposed that alternative access options be investigated stems from the desire to reduce the impact on the sacred rocks and reduce the risk of conflict between vehicles and pedestrians. However if a suitable alternative access can not be found, it is anticipated that it will remain in its present location. |
Note submission. |
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e |
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“Culture by the sea” and Broome camp are new innovations which enhance Broome as a desirable place to visit and/or to live long with world famous 12 mile long Cable Beach, pristine white sand sea scapes and red sunset and swimming and sun bathing, Broome time fishing and whale watching.
The Kimberly and Broome have a reputable and unique natural environment and this is our greatest asset, we are the custodians of those assets for the world our developments must not be permitted to go ahead if they diminish the cultural, spiritual heritage of the oldest living civilisation in the world and/or our unique environment. |
The first overarching principle of the draft Strategy is to:
Respect, preserve, enhance and celebrate attributes of the natural environment and the area’s rich culture and heritage.
The draft Strategy does not propose the installation of any infrastructure along the foreshore (with the exception of the already developed Shire Reserve 36477), in the sand dunes of Minyirr Park or Hidden Valley which are all known to have environmental and cultural significance. |
Support. No modifications required. |
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f |
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Proposed a 5 storey developments are to be withdrawn from cable beach precinct as they are inconsistent with the values and principle promoting Kimberly as a clean green, healthy environment. It is pleasing to read that proposed casino have been ruled out for Broome in future a natural history museum building or a specific hall to appropriately house the outstanding lustre pearling exhibition in Broome permanently as fitting to celebrate our world famous 150 year old pearling industry.
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The potential for a 5 storey building is discussed in response to submissions 3(a) and 5(d) above.
A natural history museum incorporating pearling history and Aboriginal heritage and culture would be a tremendous benefit for Broome. A Feasibility Study for such a facility will be undertaken as part of the Chinatown Revitalisation funding the Shire has recently received as the Shire’s preferred location for this facility is in Chinatown. |
Support in part. No modifications required. |
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g |
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At 1200
hours 4th May 2016 I became aware that state planning Perth had
withdrawn the Lurujarri heritage trail from precinct 11!? |
This occurred when the Western Australian Planning Commission considered the Shire’s Local Planning Strategy in July 2014. Council in November 2013 in adopting the final Strategy had requested that ‘Heritage Investigation Areas’ be included as an overlay to indicate areas:
with a distinctive character that have been identified by the State Heritage Office as being of cultural heritage significance or possessing special interest related to or associated with the cultural heritage.
It was envisaged that the Lurujarri Heritage trail could be included as a ‘Heritage Investigation Area.’ As discussed above this recommendation was Not supported by the WAPC and hence was not included in the Strategy. |
Note submission. |
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26 |
Adrian Lane PO Box 712 Broome WA 6725 |
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I have issues concerning any interfering that would affect the continued and time honoured running of the Broome Camp School and its perimeters. I firmly believe that it to be a time honoured right of passage for past and future children from throughout the Shire and further reaches of the Kimberley and State which seems to come under attack every few years. Our priority should be children and their education and in a secure environment as the camp school provides, not tourism at their expense. |
As per submission 9(a) above. |
Note submission. |
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27 |
Nichole McGann PO Box 1190 Broome WA 6725 |
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I think it is great what is being proposed. It includes a lot of ideas that my friends and I have talked about and have seen done successfully in other destinations. I think access for cars to Cable Beach should be near the camp school, as Lullfitz dwellers might not be very happy with all the cars and Coconut Wells too far. I have seen surf club redeveloped in other towns and it makes a positive difference. Backpackers with washing & hammocks at main tourist area is such a negative view of the town. I feel this is easy fixed – Rangers/Police but still they’re there all the time. I love the ideas of more access and infrastructure. Let’s bring more people to Cable Beach! |
Noted. |
Support. No modifications required. |
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28 |
Hayley Cook C/O Broome Post Office |
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I support additional locations for traders in the Cable Beach area. |
Noted. |
Support. No modifications required. |
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a |
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I propose an ice-cream kiosk to be included as part of the new traders at Cable Beach. Please see attached proposal.
I wish to propose to install a semi-permanent pre-fabricated ice-cream booth for Royal Copenhagen Cable Beach. I will be using a reputable builder, who specialises in shipping container conversions, to create a modern and stylish structure that can be easily installed onto the site with minimal interruption to its surrounds. This structure will comply with all local council requirements as well as being strong and sound for the possible adverse weather conditions of this area (Please see attachment for a visual design concept).
Location & Space Required The space required for the structure is 30m2, with the possibility of an additional 20m2 for deck and outdoor dining. Please see the map attached for the proposed site for this plot. Currently this plot is essentially flat and clear of any other structures or vegetation.
Access Access to the plot will be via the existing car park at the northern end of the Cable Beach Reserve, as well as direct access via the existing footpath.
Services The development proposed will need connection to mains sewer. Sewer mains are currently provided to the adjacent property, Zanders and public toilets and could be extended to the boundary of the proposed plot. An above ground grease trap will also be installed to comply with WA Water Corporation’s commercial water use policies. Existing water mains are located directly next to the proposed plot (located a few meters from the footpath). And it would seem feasible to extend power to the proposed plot from the existing power supply to the reserve. No gas supply will be required.
It will be with the utmost of importance through the design phase that we incorporate as many sustainable building techniques to ensure that we have a space that is kind to the environment and reduces energy and running costs.
I can appreciate that the supply of these services are limited in this area and I am willing to negotiate and work with the council to select a suitable location within the Cable Beach Reserve.
Brand Details I am a current franchisee of the Royal Copenhagen Ice Cream Group, with a store located in Brighton in South Australia. I have owned this store for just over 4 years, but have worked for this Australian company for 12 years. This is a brand I know very well and trust it to be of the highest quality. The success of this brand has always been on making ice cream fresh on the premises every day, and sold in our famous baked waffle cones, using only the highest quality ingredients. Royal Copenhagen has 12 other locations around Australia. Knowing that Cable Beach is the Shire’s major leisure tourism precinct, I see it as the perfect location for tourists and locals alike, to enjoy a quality locally made ice cream, which would compliment any visit to the Cable Beach Reserve.
Trading Given my experiences in the field and my knowledge of Broome, I would only trade during the dry season (April – October), as it would not be feasible to operate outside of these months with the population in Broome. Being a semi-permanent structure it will have the capability to be removed from site should this be a requirement by the council.
I would trade every day during the dry season. Our product range would include a selection of 20 ice cream flavours served in freshly made waffle cone or cup. As well as offering milkshakes, thick shakes, smoothies, tea, coffee and cool drinks. Whilst all these products can be enjoyed takeaway, we would love the opportunity to offer our customers a nice place to sit with a small area for outdoor seating (8 – 10 casual stool seating), adding 20m2 to the space required. This is desired but not essential.
I understand that by installing a takeaway food vendor in the reserve may increase the rubbish in the area. Given Cable Beach’s pristine and fragile environment I would be implementing steps to avoid any further littering in the area. Firstly, I would only select biodegradable packaging where possible, and always look at ways to limit the amount of packaging required to deliver our product to the customer. I would of course provide bins for customer use, located next to our booth, as well as employing staff to complete regular ‘litter pick-ups’ throughout our opening hours.
As this is a preliminary form of my proposal I am more than happy to work with the council to prepare a plan that is satisfactory to everyone involved. |
The Concept Plan shows a trading hub in the Surf Club car park and a mobile trader on Cable Beach. The proposed location of the ice cream booth on the grassed area overlooking the amphitheatre does not align with this. However as noted in the draft Strategy the Shire intends to prepare a Foreshore Master Plan for the Cable Beach Foreshore Reserve which will explore the concepts outlined in the Concept Plan and provides a detailed basis for seeking funding and undertaking improvements to the public realm. Suitable locations for public traders will be considered in more detail throughout this process.
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Note submission. |
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29 |
Ron Beacham PO Box 1171 Broome WA 6725 |
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I strongly object to Backpackers being allowed to stay at the south end of the car park in Cable Beach. Reason being, this was tried in Darwin at East Point by Darwin Shire and was quickly abandoned because of litter, broken glass, fights, drunkenness and dog attacks.
Consequently, all Backpackers and hanger-on’s wanting to free camp has to move out of town.
If Broome Shire adopts this idea, it will become nothing but a ghetto in an area that tourist operators are trying to promote an ‘A’ Class area to visit.
In closing who is going to police the area 24 hours a day, keep it tidy, stop fights, maintain the hygiene, bongo drums, didgeridoos music being played at 3am in the morning and all the anti social behaviour that goes with the cliental that you appear to want to look after. |
As per submission 5(d) above. |
Not support. |
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30 |
Antoine & Anne Bloemen PO Box 2730 Broome WA 6725 |
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These points relate to references to the proposed changes to a draining easement along the north side of the education reserve dedicated to the department’s camp school. References – p 21 3.7.2 point 6; p 26 point 4 and p 27 point 7 |
Noted. |
Note submission. |
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a |
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Why would you put a road and/or pedestrian walk along the side of the camp school only some 30 meters from dormitories full of sleeping students and staff, putting them at risk unnecessarily? |
As per submission 9(a) above. |
Note submission. |
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b |
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Access this way still means that vehicles will access the beach south of the rocks as well as endanger this sacred site. Unless you are going to bulldoze sand dunes and native vegetation on the north side of the property which has major cultural significance. |
This will be considered as part of the due diligence investigations. To create an access in this location and avoid the rocks some modification of the sand dunes would be likely. |
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c |
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While commercial owners may wish to cover the present road, it is the best place for it.
The great draw card for locals and visitors alike to watch and photograph the daily parade of camels. |
As per submission 8(d) above, if no suitable alternative can be sourced it is anticipated the access will remain in its current location. |
Note submission. |
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d |
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If required a second access road could be put off McGuigan Rd as suggested in 4c. If well signed, visitors would find it if they wished. |
Noted. |
Note submission. |
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e |
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We trust that the education department would be involved in any decision which puts its students and staff at any risk or would be disruptive to ongoing programmes and activities.
Let’s respect the boundaries of the Camp School, a Kimberley icon in Broome, and put the kids, not vested interests, first. |
Whilst the drainage easement is in favour of the Shire of Broome, the land forms part of Reserve 31354 which has a Management Order in favour of the Department of Education. In order to change the purpose of the easement, support would have to be received from the Department. |
Note submission. |
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31 |
Denise Escott PO Box 3 Broome WA 6725 |
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a |
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I totally object to Backpackers being permitted to staying on cliff top. |
The Concept Plan proposes a backpacker camping area in the Surf Club car park, not along the cliff top. This is discussed in greater detail in response to submission 5(d). |
Note submission. |
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b |
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There may be some good policies in plan but too many other I disagree with, as they require further examination.
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Noted. |
Note submission. |
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32 |
Kandy & Dr John Curran PO Box 1491 Broome WA 6725 |
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RESPONSE TO STRATEGY DOCUMENT: ITEM 4b – CABLE BEACH ROAD ACCESS VIA LULLFITZ DRIVE We are flabbergasted that north Lullfitz Drive has been formally identified as an alternative vehicle access option to Cable Beach - with cursory consideration given to the adverse impacts to affected residents and devoid of any attempt to consult residents. Furthermore, it is pity that Council by default endorsed the strategy (April 2016 council meeting) without seeking an assessment of the impacts of this proposal on the residents in this rural residential area, the wildlife and unique and sensitive environs of Hidden Valley which is a Threatened Ecological Community. Moreover, the Shire and authors have omitted to take into account the findings from prior studies commissioned by the Shire (A Report to the Council of the Shire of Broome from the Cable Beach Motor Vehicle Management Advisory Committee, July 2007), which identified the nature of the traffic load at the current site, which should have guided them away from even considering this alternate option. We urge the Shire to remove this as an option for consideration in ‘The Strategy’. We outline the following concerns about this development option: |
As per submissions 1(d) and 1(f) above. |
Note submission. |
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a |
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Lullfitz Drive is in a rural residential area that has a unique ambience which differentiates it from the busy higher density nature of Broome town. The intent of property owners purchasing in the Billingurr rural residential area is for a peaceful quiet lifestyle. The Billingurr area is a peaceful, quiet, rural family area with a unique lifestyle, children regularly ride their bikes or walk along Lullfitz Drive and its roadside, as do walkers, cyclists and horse riders. Over the 18 years, we have noticed a sharp increase in walkers and cyclists on Lullfitz Drive – no doubt because it is a quiet, safe and beautiful area to recreate and see wildlife close to the town. Indeed, the area is a wildlife corridor for birds and wallabies between the vine thickets of the Yawuru Conservation Estate and the hinterland. Residents moved into this area in the belief that the lifestyle values of this area would be maintained over time. The concept of establishing road access to Cable Beach at the end of Lullfitz Drive is not compatible with this lifestyle and would have a severe impact on resident’s well-being, lifestyle, property values and have deleterious impacts on the movements of wildlife in the area. It is unthinkable to have over 1,000 vehicles travelling past our property on Lullfitz Drive on their way to the proposed beach access road during the height of the dry season, and then back past our property again, on their way back, and this traffic is very likely to occur throughout the day and the night. This is a disrespectful proposal for residents on Lullfitz Drive and the Billingurr area. |
As per submissions 1(d) and 1(f) above. |
Note submission. |
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b |
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The number of vehicles accessing Cable Beach via the existing access point are likely to be exceeding 900/day at the height of the tourist season – see A Report to the Council of the Shire of Broome from the Cable Beach Motor Vehicle Management Advisory Committee, July 2007. These figures are a decade old and are a likely underestimate, given the growth of Broome’s population and seasonal tourism numbers. The work done by this survey for the Broome Shire seems to have been overlooked by the authors of the Strategy and is a major flaw in the development of this planning strategy. The facts speak clearly - the impact on the Lullfitz rural residential area would be horrendous and completely unacceptable. |
As per submissions 1(d) and 1(f) above. |
Note submission. |
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c |
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The monsoon vine thicket on the coastal sand dunes of Hidden Valley is a Threatened Ecological Community. Disturbance to this ecosystem would be counter-productive to the preservation of this unique ecosystem. The vegetation, bird and animal life of this area have a unique biodiversity; hence the concept of developing a road bisecting this area would significantly detract from its natural values and threaten the health of its wildlife. Moreover, being such an isolated location, it is unlikely the proposed road would be regularly policed, and there is a high probability of speeding, moreover, driving off the road and into sensitive areas to hoon and to camp illegally. Hooning and illegal off-road vehicle activity is poorly managed in this area, indicating that the Shire and Department of Parks and Wildlife do not have the resources or capacity to manage it into the future. A road in this location is a foolhardy proposal that would create a major management and environmental problem into the future. |
As per submissions 1(d) and 1(f) above. |
Note submission. |
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d |
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Hidden Valley is identified as an area of cultural significance to the Yawuru people. The draft plan for the Yawuru Birragun Conservation Park clearly identifies areas that are of cultural significance and the area near the proposed road is defined as a ‘cultural protection prohibited access zone’. The beach access would also cross fragile limestone outcrops and allow each vehicle views to Hidden Valley, which would not be culturally acceptable to Yawuru people. As stated in point 3, there is every likelihood with the increasing numbers of off-road vehicles in Broome, that drivers will use the road to hoon and camp illegally, this is not acceptable at all. |
As per submissions 1(d) and 1(f) above. |
Note submission. |
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e |
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The logistics of building an all-weather sealed road over the sand dunes and through the vine thickets would be an engineering challenge and be cost prohibitive to ratepayers. With the distance from the Lullfitz Drive end to the beach being over 1km and the first sand dune over 20m high with more undulating sections and dunes to cross, it clearly becomes a difficult proposal given the topography and the length of the road. Importantly it should be realised that if a road were to be established through the dunes it would be almost impossible to stabilize and maintain the fragile dune ecosystem. Furthermore, the proposed road begins at Buckleys Plan, a large wetland that is regularly inundated during the wet season. Any road built here would require enormous engineering work to mitigate flood risk, and be very costly to undertake. |
As per submissions 1(d) and 1(f) above. |
Note submission. |
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f |
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There is no precedence for developing an access road, as alluded to in the Strategy (‘informal tracks already exist’) because there is an illegal rough bush track already. This track is used by illegal off-road vehicles and is not patrolled by Shire or Department of Parks and Wildlife (at this stage). The proposed new access road would ‘open-up’ the area to more illegal activity by off-road vehicles. There is already a huge problem in the dune system behind Cable Beach including Hidden Valley by off-road vehicles that the Shire and Department of Parks and Wildlife is unable to police and control. A road through this area would need to be fenced, maintained and patrolled regularly at great cost to ratepayers. |
As per submissions 1(d) and 1(f) above. |
Note submission. |
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g |
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We strongly object to the inclusion of the concept of developing road access to Cable Beach via Lullfitz Drive in any strategy document that aims to guide Shire in future planning decisions. The decision to include this option in the planning strategy is absurd and reflects poorly on the credibility of this document. We urge the authors to remove this option from the strategy document. |
As per submissions 1(d) and 1(f) above. |
Not support. |
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33 |
Jeff Derne & Dominique Roussille PO Box 3130 Broome WA 6725 |
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RESPONSE TO STRATEGY DOCUMENT: ITEM 4b – CABLE BEACH ROAD ACCESS VIA LULLFITZ DRIVE We are very annoyed that north Lullfitz Drive has been included in the Strategy document as an alternative vehicle access option to Cable Beach. We regularly use the access ramp near Cable Beach Resort and can see how much traffic comes and goes through the year. There is no way that the Shire should even consider Lullfitz Drive as an option, as there are hundreds of vehicles every day going up and down that ramp. We bought our block at Sands St about 20 years ago and really enjoy the lifestyle of this rural area – ‘like nowhere else’ is our peaceful retreat. Furthermore, our disabled son rides his bike every day along Lullfitz Drive and his health and safety is of upmost importance to us.
Any government authority that thinks it can change this area from a peaceful residential area and destroy it by making it a congested, noisy, busy highway with big 4WD’s aggressively rushing to the beach every day is crazy and needs to take a reality check. This ridiculous idea seems to have been conjured up by people that couldn’t think of anything else to suggest and just wanted to fill up the page. We are not going to waste a lot of time on this submission, as the ridiculous idea conjured up of having a Lullfitz Drive access to Cable Beach is a no-brainer. However we will fight tooth and nail along with all our neighbours out here if the Shire even thinks of developing this option. Please don’t treat us like fools and remove this idea from the planning strategy. |
As per submissions 1(d) and 1(f) above. |
Note submission. |
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34 |
Nyamba Buru Yawuru – PBC PO Box 425 Broome WA 6725 |
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Introduction This submission is presented to the Shire of Broome on behalf of the Yawuru Native Title Holders Prescribed Body Corporate (PBC) and Nyamba Buru Yawuru Ltd (NBY). Both Yawuru corporations have a critical interest in the area the Shire of Broome refers to as Precinct 11; ‘the major leisure tourism area of the Shire, including hotels, restaurants, bars, tourist accommodation and leisure tourism activities on and around Cable Beach.’
The PBC, as the body legally responsible under the Commonwealth Native Title Act for holding, protecting and advancing Yawuru native title rights and interests, has specific concerns about parts of the draft strategy relating to cultural heritage protection and generally the way in which Yawuru cultural heritage and contemporary use of the area has been incorporated or not incorporated into the draft planning strategy.
NBY, as the not for profit development company wholly owned by the PBC, has a major commercial stake in the area as property owners with a long-term objective to be a major player in Broome’s tourism industry. Yawuru views these responsibilities as entwined and not separate or mutually exclusive. Therefore the generic reference to Yawuru is made throughout this submission which incorporates the position of both the Yawuru PBC and NBY. The PBC Board met on 18 May and the NBY Board met on 24 May where the key positions outlined in this submission were endorsed. |
Noted. |
Note submission. |
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a |
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Overview Position Yawuru agrees with comments made in this draft strategy that tourism is the most important component of Broome’s economy. The tourism industry is the largest employer in the Broome region and therefore Broome’s current and future prosperity is very much dependent on tourism. Yawuru’s commitment to participating in the tourism industry is clearly demonstrated by the fact that Yawuru negotiated the transfer of significant property holdings in Precinct 11 for tourism development under the Yawuru Global Agreement for the benefit of the Yawuru community and the Broome region as a whole. Yawuru recognizes that Precinct 11 is critical to Broome’s tourism industry because it provides the leisure infrastructure and facilities around Cable Beach; a significant part of Broome’s appeal to a national and global tourism market.
Yawuru therefore appreciates the critical importance of long-term planning for the Cable Beach tourism precinct regarding land use, environmental management, facilities, building guidelines, aesthetics, transport systems and integration into other parts of Broome. There is much in the draft strategy which Yawuru supports relating to entry onto Cable Beach, drainage and foreshore mitigation, street scape design and a vision to link the Cable Beach tourism area with Chinatown post the relocation of the Broome International Airport. However, on fundamental matters of long-term vision and a plan that articulates Broome’s cultural and environmental characteristics in terms of comparative advantage, Yawuru’s position is that the draft strategy does not address the issues that are currently impeding Broome’s tourism development potential. In fact, Yawuru argues that the draft strategy entrenches current structural problems in the Cable Beach tourism precinct.
In essence Yawuru contend that Broome’s Indigenous and multicultural heritage and Yawuru’s relationship to the coastal environment should be incorporated into the strategy as fundamental to Broome’s comparative advantage for growing tourism in Broome. The draft strategy does not do this and on this ground alone it is a failure of imagination to enhance the full potential of Broome’s tourism industry.
Whilst Yawuru notes that there are several references throughout the strategy to Yawuru cultural heritage, mainly by way of commentary, the recognition of this heritage and contemporary Yawuru use and responsibility for conservation management in partnership with the Shire is not incorporated as a strategic economic asset. |
Comments regarding support for the tourism industry and aspects of the draft Strategy are noted.
The draft Strategy in Section 3.2 of Part 2 states:
Research also indicates that whilst Broome is doing well in promoting its beaches and natural assets, it is not doing as well as promoting other desirable aspects such as Aboriginal and other cultural heritage. At present, the Cable Beach precinct is devoid of any promotion or even acknowledgement of the Yawuru story, despite the area being rich in cultural significance. Integrating cultural tourism into the experience offered in the Precinct will lead to a more authentic and unique experience that caters to the market demand. Further strengthening the linkage with Chinatown will also enhance visitors’ exposure to the pearling story and the melting pot of Aboriginal, Asian and European cultures that signifies Broome.
This demonstrates that the draft Strategy recognises the importance of Yawuru culture as a comparative advantage to growing tourism in Broome. |
Support in part. No modifications required. |
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b |
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Community Engagement and Consultation The draft strategy states that “preliminary community engagement was conducted over a six week period in 2015 and included one-on-one meetings with landowners and other key stakeholders, an online survey, a photo competition, and a ‘come and chat’ morning at Cable Beach where the general public could share what they liked, or did not like, about the area.”
Shire of Broome officials contacted NBY late last year and arranged to meet Yawuru representatives on matters related to the Cable Beach Development Strategy. Two meetings were held with Yawuru Law Bosses and staff working on Yawuru heritage protection in November 2015 and then again just prior to the public release of the draft strategy a few weeks ago. In both meetings issues raised by the Shire focused on matters concerning development impacts on Yawuru heritage. There was no attempt to engage Yawuru on the draft plan at a holistic strategic level in a spirit of partnership.
If this had been done, with the involvement of Directors of both Yawuru Boards and senior staff from across NBY’s business units, a far more substantial and meaningful draft strategy incorporating Yawuru’s cultural heritage and environmental management responsibilities and commercial objectives may have been produced. It is disappointing that Yawuru and other stakeholders are now responding to what Yawuru views as a deficient document because of lack of process in developing the strategy.
The Cable Beach Development Strategy is yet another example where the Shire of Broome fails to appreciate the meaning of the Yawuru Native Title Global Agreement which the Shire is a party with Yawuru and the State Government. 13.2 of the Yawuru PBC ILUA (2010) states: “Where planning processes are undertaken by State agencies or local government in respect to any portion of the Determination Area, the State and the Shire (as applicable) shall support Yawuru RNTBC participation and consultation.” |
These statements are factually inaccurate. On 17 July 2015 (during the preliminary engagement period) the Shire’s Director Development Services and two members of the Planning Services department met with the Nyamba Buru Yawuru (NBY) Lands Sub-Committee to introduce the project and seek preliminary input, particularly on any matters of cultural significance which the Shire should be aware of prior to preparing the draft Strategy. In organising this meeting, Shire staff sought advice from NBY staff as to the appropriate forum to make this presentation in order to reach the correct audience and gain meaningful feedback and were invited to attend the above meeting, which was attended by senior NBY staff as well as Traditional Owners, including the Chair of the Yawuru Prescribed Body Corporate (PBC) and the Chair of the Yawuru Park Council. This meeting was undertaken to ‘attempt to engage Yawuru on the draft plan at a holistic strategic level in a spirit of partnership.’
During the meeting, Shire staff enquired as to how Yawuru would prefer preliminary engagement and follow-up to be conducted in the future. They were advised in the first instance to speak to the two Directors (as this was prior to the NBY restructure), who would then advise if liaison with other Yawuru sub-committees, the NBY Board, or the PBC, was needed. Shire staff took this advice and subsequent to this meeting liaised further with both Directors, however no additional information on cultural heritage or Yawuru’s aspirations regarding the draft Strategy was offered and the Shire was not invited to seek input through the other channels.
In October 2015 Shire officers met with staff in Yawuru’s property division and again sought advice on how to consult the Yawuru Traditional Owners about cultural heritage matters in the Precinct, as staff were concerned that no advice had been received and a draft Strategy was in preparation. At this stage officers were advised to organise a meeting with the Law Bosses and this led to the meetings described in the submission. It is noted that during this period which stretched over 9 months, no formal feedback was received from NBY regarding the desired content of the draft Strategy.
In this regard it is considered that Shire staff have made genuine efforts to engage NBY representatives in the preparation of the draft Strategy at the initial ‘pre-engagement’ stage, during the development of a working draft, through to the final draft and have followed the advice given to them by NBY regarding how engagement is to take place. It is uncertain what additional actions would be considered sufficient. |
Not support. |
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c |
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Lack of Integration with Broome Development Initiatives In recent months Yawuru have engaged constructively with relevant agencies working on the Broome Growth Plan and the Chinatown Development Strategy; namely the Shire of Broome, Kimberley Development Commission, Landcorp, Department of Planning and the Department of Regional Development. This engagement has particularly focused on the potential to build an iconic Interpretive Centre as part of the Chinatown Development Strategy as a major tourist attraction for Broome and the Kimberley region. The process of engagement and philosophical underpinnings associated with the proposed Yawuru led Kimberley Interpretative Centre stands in stark contrast with the draft Cable Beach Development Strategy.
The Kimberley Interpretive Centre proposal is being developed on the basis of genuine partnership between Yawuru, the Shire and State agencies in recognition that a strategic inclusive approach is the most effective means of delivering an iconic, globally significant heritage and interpretative facility for Broome which will have positive outcomes for tourism in Broome and the Kimberley region. The philosophical keystones of the proposed Kimberley Interpretive Centre is one of contemporary political and economic partnership and sharing a vision of an inclusive multi-cultural society with a fascinating unique history which should be celebrated.
In developing a marketing brand for the Broome region and to attract public and private investment it is critically important to achieve a whole of town/region community and stakeholder consensus about development and the story of Broome that we as a community can promote. The proposed Kimberley Interpretive Centre project reflects this approach whereas the process to develop the Cable Beach Development Strategy does not.
Yawuru strongly advocates a consensus integrated approach for Broome’s development based on fundamental principles; respect for Yawuru cultural heritage and values; promotion and celebration of Broome’s multi-cultural society, protecting and managing the Broome’s region’s natural environment and the promotion of sustainable economic development.
Yawuru has argued in past submissions - Chinatown Development Strategy, Old Broome Development Strategy, and Local Planning Scheme – that the Shire’s planning approach to Broome is segmented and lacks integration. In this case it is unclear how this planning strategy links the successful development of Cable Beach to the continued prosperity of Broome. There has been limited new tourism developments in Broome in recent years. The draft planning strategy does not identify what steps can be taken to address identified deficiencies and enhance tourism as the key industry in Broome. |
As per 34(b) above. The intent of the preliminary engagement via the Lands Sub-committee and further through the two NBY Directors was to ensure that NBY had the opportunity to inform the draft Strategy prior to its drafting. Further engagement with various staff and the Law Bosses was designed to seek feedback on the working drafts of the Strategy prior to it being presented to Council and the wider public, to allow for changes to be made to correctly reflect Yawuru’s intentions, stories, and matters of cultural heritage significance. Shire staff took this approach in an attempt to foster collaboration and respond to feedback given on previous planning documents. However, despite these efforts at no time during the nine months between the initial Lands Sub-Committee meeting and the draft Strategy being presented to Council did Yawuru provide the Shire with any information that it wished to incorporate into the draft Strategy.
The Strategy recognises there has been limited tourism development in recent years, tracks tourism trends and acknowledges growing competition from other markets. Strategies to combat this include but are not limited to an increase in mobile traders and temporary events, improving the foreshore, encouraging active and engaging streetscapes (with incentives given to developers in terms of plot ratio bonuses, height relaxations and the exemptions from certain scheme requirements which is in line with the recommendations of the National Tourism Planning Guide – a best practice approach) and strengthening connections between Cable Beach and Chinatown.
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Not support. |
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d |
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Recognition and Incorporation of Yawuru Heritage and Values in the Cable Beach Development Strategy Yawuru believes that the development of the Cable Beach tourism area has not incorporated key characteristics of Broome’s cultural heritage and natural environment as long-term comparative advantages to secure Broome’s tourism industry growth. The strategy’s dealings with motor car access to the beach highlights this point. The draft strategy recognises that the current access road to the beach near the amphitheatre is problematic for a number of reasons not least that cars crossing the rocks on the beach disturb a sensitive Yawuru heritage area. Accepting that cars on the beach are a non-negotiable tourist attraction, the strategy proposes other options for motor car access to the beach and recommends using an easement, currently used by Camp School, as a new road to the beach. This would require significant earthworks and ground disturbance in the area just to the north of the Cable Beach rocks. This option is Not supported by Yawuru because it disturbs culturally significant areas. Importantly it highlights a problem in the strategy in that it entrenches cars on the beach as a permanent feature of Cable Beach life despite the concerns of Yawuru and many other people in Broome who oppose car access to the beach on environmental and wildlife protection grounds. Significantly the laying of eggs by turtles and the danger posed to them by vehicles is not mentioned in the strategy. The strategy does not mention any options relating to reducing or eradicating cars on the beach over time or at least promoting a dialogue about the future of car access on the beach. |
As discussed in response to submission 8(c) above, Council has in recent years invested in minor upgrades to the existing access ramp and has in a number of resolutions reiterated its intent to continue to allow vehicle access on Broome’s beaches. The draft Strategy recognises there are problems, both culturally and functionally, with the existing access and as such recommends investigating alternative options, with three ‘initial’ options presented as a basis for further due diligence investigations. The draft Strategy acknowledges there are constraints associated with each option and it is possible that one or more will be removed from contention due to a ‘fatal flaw.’
The Shire recognises that inappropriate vehicle usage may damage turtle nesting sites. To prevent this, vehicle access on Cable Beach is closed from 8pm to 6am during nesting season (1 October – 28 February). Vehicle access at all other times is only permitted in the intertidal zone, which allows for protection for the majority of nests that are laid at the base of the sand dunes above the high tide mark. |
Not support. |
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e |
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Whilst the strategy mentions the jointly managed conservation estate, bordering the Cable Beach tourism precinct, comprising Minyirr Park and the Yawuru Coastal Park, it does not highlight these extensive conservation areas as economic assets. Tourism WA has recently publicised survey data showing that people who visit Broome are mainly attracted by the natural environment far more so than the perceived quality of accommodation resorts. The management and interaction of the intertidal zone and the coastal bushland area by Yawuru traditional owners in partnership with the Department of Parks and Wildlife and the Shire should be seen as an economic asset that is strategically integrated into the tourism precinct. The draft strategy fails to incorporate Yawuru’s cultural connection with the natural environment which Yawuru sees as major failure to promote Yawuru heritage and the natural environment as a significant comparative advantage of Broome’s tourism attraction. |
Recognising the importance of the natural environment as a tourism asset, particularly in reference to the Yawuru Conservation Estate, is supported. Whilst economic opportunities including Yawuru cultural and ecological tourism is recognised in the draft Management Plan for the Minyirr Buru Conservation Park currently being drafted, officers consider it relevant to incorporate this into the draft Strategy. It is recommended that an additional element be included on the Concept Plan as follows:
18 Ecological and Cultural Tourism
As many visitors to WA are seeking Aboriginal tourism experiences, there is the opportunity for Yawuru to develop commercial businesses to cater for this desire. Parts of the Yawuru Conservation Estate such as Minyirr Park are easily accessible from the Cable Beach Tourist Precinct and cultural and ecological tourism activities can be developed in these areas to further enhance the tourist experience. Opportunities could include cultural and ecological tours, cultural awareness training, cultural workshops, excursions and field programs which can offer insight into the unique natural values of this area and Yawuru culture. |
Support. Recommend: 1. Amending the Concept Plan to include Element 18 – Ecological and Cultural Tourism in the location of Minyirr Park. 2. Inserting the following text as Section 4.18:
As many visitors to WA are seeking Aboriginal tourism experiences, there is the opportunity for Yawuru to develop commercial businesses to cater for this desire. Parts of the Yawuru Conservation Estate such as Minyirr Park are easily accessible from the Cable Beach Tourist Precinct and cultural and ecological tourism activities can be developed in these areas to further enhance the tourist experience. Opportunities could include cultural and ecological tours, cultural awareness training, cultural workshops, excursions and field programs which can offer insight into the unique natural values of this area and Yawuru culture.
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f |
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Another aspect of Broome and the Cable Beach that many locals and visitors view as a comparative advantage is the lack of tall buildings. The draft strategy proposes allowing 3 story buildings along Sanctuary Road and allowing 5 story buildings on the site of the old Crocodile Park. Yawuru are concerned that public discussion on such a contentious planning issue in Broome should be highlighted in the draft strategy without any economic analysis and or urban design studies to support the proposed increase to building heights over the Crocodile Park site. Yawuru do Not support the proposed increase to building heights over this site until the Shire of Broome commissions an economic and urban design analysis to examine whether the density, building heights and preferred land uses contained within the draft planning strategy meet the expectations of the tourism market and wider Broome community. |
Local Planning Scheme No. 6 already permits the equivalent of three storey buildings (10 metre wall height and 14 metre overall height) for all non-residential development in Broome. The draft Strategy does recommend that variation to this provision be considered for the Old Crocodile Park, however in order for such variation to be supported by officers a number of criteria would have to be met, as set out in the response to submission 3(a) above.
Council has expressed an interest to review the existing building height provisions across the townsite in Local Planning Scheme No. 6 and it is anticipated that this will occur in coming months. |
Not support. |
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g |
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NBY has strategic property assets within the Cable Beach tourism precinct. Of critical and strategic importance are the properties on Cable Beach Road West adjacent to the sand dunes and Minyirr Park. Yawuru intend to progress concept options for development of these properties to help with articulating how Yawuru’s heritage and environmental values should translate into the development of the Cable Beach area. |
Noted. This is in line with the draft Strategy which states in Section 4.16 relating to ‘Yawuru Tourist Development’:
As the only development site west of Cable Beach Road West, it will be important that the development of tourist accommodation on this site is done in an environmentally sensitive manner that recognises and respects the dune environment and the adjacent Monsoon Vine Thickets. In accordance with the provisions of Local Planning Scheme No. 6, a maximum height of 3 storeys will be supported. |
Support. No modifications required. |
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h |
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Conclusion The draft planning strategy fails to invite Yawuru as a strategic partner along with other industry stakeholders such as the Broome Chamber of Commerce and Broome Tourism Leadership Group to work together to enhance Broome’s tourism industry
Yawuru request that the Shire of Broome do not proceed with the Cable Beach Development Strategy and that a formal dialogue between Yawuru and the Shire is commenced so that Yawuru with other industry stakeholders such as the Broome Chamber of Commerce and Broome Tourism Leadership Group are able to work together and agree on common objectives to enhance Broome’s tourism industry. |
As per the responses to 34(b) and (c) above. |
Not support. |
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35 |
Broome International Airport Pty Ltd Locked Bag 4016, BROOME, WA 6725 |
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a |
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We fully support the aspirations of the Shire to develop a Strategy to identify strategies and actions for how the Shire and relevant partners can work together to revitalise and activate the Cable Beach Tourist Precinct to function as the major leisure tourism area of the Shire.
There have been many reports and strategies in relation to the Cable Beach Tourism Precinct over many years, so let’s hope the Cable Beach Development Strategy (CBDS) will provide a clear vision that will attract public/private partnerships to invest, and develop in, the Cable Beach area. |
Noted. |
Note submission. |
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b |
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In the CBDS there are a number of references to Broome International Airport (BIA) and landholdings owned by BIA or associated entities. Comment on those references is as follows:
Cable Beach Development Strategy Part 1 2.2.1.2 Broome International Airport This clause refers to the effect of the location of Broome International Airport and the purported limitation the airport has on direct linkages between Chinatown and the Cable Beach Precinct.
Whilst it is recognised that the airport may “essentially bisect the town into northern and southern portions” BIA is not aware of any surveys, research and studies that conclusively demonstrates that the existing road linkage between Chinatown and Cable Beach “discourages tourists from leaving the Cable Beach Precinct to take advantage of what the Chinatown and Old Broome precincts have to offer” or that the perceived disconnection “has negative economic consequences and impacts on overall visitor experience---“. We believe these statements have little foundation and are at best mischievous and at worst not factual.
There is a possibility that, if there is a reluctance for tourists to leave the Cable Beach Precinct, it may be because commercial operators in the Cable Beach Precinct are (understandably) not promoting the virtues of the Chinatown and Old Broome precincts in order to keep the tourism dollar in the Cable Beach Precinct. This is totally unrelated to the purported limitation the airport has on direct linkages between Chinatown and the Cable Beach Precinct. |
The draft strategy states:
Navigating between the two areas is not straightforward, which (at least anecdotally) discourages tourists from leaving the Cable Beach Precinct to take advantage of what the Chinatown and adjacent Old Broome precincts have to offer.
This perception was shared with officers by some tourism operators and community members during the preliminary community engagement, and the draft Strategy recognises that it is anecdotal. |
Not support. |
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c |
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2.2.2.2 Chinatown The CBDS recognises that the extension of Cable Beach Road West through the Broome International Airport to Old Broome Road as shown in the Shire’s Local Planning Strategy is only possible when the airport relocates. An alternative shown in the Shire’s Local Planning Strategy is a road linkage from Murray Road across to Spoonbill Avenue in Roebuck Estate “to be determined in conjunction with Main Roads Western Australia”. Refer comments under Item 4.12 b). |
The Murray Road connection is designated as ‘proposed short term road’ in the Local Planning Strategy and the connection through the Airport is designated as ‘proposed major road.’ |
Note submission. |
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d |
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4.12 b) Djiagween Road to Spoonbill Avenue The planning and design of any extension of Djiagween Road to the intersection of Jigal Drive and Spoonbill Avenue through future Yawuru development on Lot 502 will need careful assessment to ensure the capacity of downstream infrastructure, in particular the road network, is not exceeded. A few salient points for consideration are as follows: · The planning and design of Roebuck Estate assumed that: o Lot 502 west of Jigal Drive was to become Unallocated Crown Land – Cultural Corridor which was the zoning at the time. Lot 502 is now to be rezoned residential in accordance with the provisions of the Local Planning Strategy. o The Broome Road Diversion (BRD) around One Mile Community on the east side of Roebuck Estate and the connections of Lorikeet Drive and Spoonbill Avenue to the BRD would be constructed. In fact, the BRD has been abandoned and only Lorikeet has been connected to Old Broome Road. o The connection of Sanderling Drive to Gubinge Road was to be a full four way intersection. As part of the development of Broome North, it is understood that Main Roads would only permit a left in/left out intersection. · With the ultimate development of Lot 502 into a residential precinct, the implications of increased traffic onto the Roebuck Estate road network, in particular Jigal Drive and Sandpiper Avenue, could be significant.
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This concern is noted. The Shire is currently undertaking a District Traffic Study which will consider the capacity of the existing road network to manage traffic up to 2031 and 2051, taking into account new development required to cater for Broome’s projected population growth. This study looks at the completion of the Yawuru development on Lot 502 by 2031, and assumes that traffic from this development will be directed to Gubinge Road via Djiagween Road (as Main Roads is reluctant to support new connections to Gubinge Road) and to Jigal Drive. Capacity issues, and any improvements to the network required to address these issues will be identified in the District Traffic Study, with costs to implement any required improvements to be shared between the Shire and future developers through a Development Contributions Plan.
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Note submission. |
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e |
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4.12 c) Cable Beach Road West to Chinatown The CBDS recognises that the extension of Cable Beach Road West through the Broome International Airport to Old Broome Road as shown in the Shire’s Local Planning Strategy is only possible when the airport relocates. |
Noted. |
Note submission. |
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f |
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Cable Beach Development Strategy Part 2 7.1.5* Improved Connections to Chinatown * Numbering incorrect – this should be 2.1.5 The alternative road connection from Murray Road to Spoonbill Avenue will need careful assessment to ensure the capacity of the road network within Roebuck Estate is not exceeded. Refer comments under Item 4.12 b). |
The number error is noted and will be corrected.
Potential impacts on the road network are addressed in the response to submission 35(d) above. |
Support. Recommend updating the numbering in Part 2 to align with the Table of Contents. |
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36 |
Environs Kimberley PO Box 2281, BROOME, WA, 6725 |
44 Blackman Street |
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a |
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Thank you for the opportunity to comment.
As stated in the Proposed Cable Beach Development Strategy: “The Shire’s Local Planning Strategy identifies the Strategy area as ‘Precinct 11’ and sets out the following objective for the Precinct: “to be the major leisure tourism area of the Shire, including hotels, restaurants, bars, tourist accommodation and leisure tourism activities on and around Cable Beach.’”
It is our view that this objective is extremely narrowly focussed on the economic aspects of the ‘precinct’. It neglects the globally significant natural and cultural values of the area which is the entire basis for tourism at Cable Beach. |
The Local Planning Strategy was endorsed by Council in November 2013 and by the Western Australian Planning Commission in 2014 and the public had the opportunity to make submissions on this document when it was in draft format. |
Not support. |
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b |
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The Cable Beach area has the following attributes that should be the fundamental underpinning of any development strategy: 1. Cultural heritage – the Yawuru People’s heritage is fundamental to any development here. 2. Natural heritage: a. The marine area is a migration route for the world’s largest Humpback whale population. b. Minyirr Park and surrounding bushland – the fact that this bushland has been retained is a major comparative advantage Broome has over other tourism destinations where development occurs on dunes and often up to the seafront. c. Monsoon vine thickets (MVT) on the Dampier Peninsula – these are found behind the sand dunes and the type of MVT found in Broome is found nowhere else in the world. They are culturally significant and are a significant source of bush foods including Gubinge. Birds fly to Broome along the MVT patches from Indonesia every year. d. Marine Turtles nest on Cable Beach – they are not mentioned once in the strategy – there are very few places globally where marine turtles nest near suburban areas. e. Cable Beach – this is a pristine beach that has consistently been described as one of the top beaches in the world.
The Strategy makes no mention of the: · Aboriginal run Lurujarri Trail which has been since 1987; and · Potential impact on nesting turtles or other marine species
While the intent of the Strategy is to “retain and enhance Broome’s rich culture, environment and history” (Cable Beach Development Strategy Part 1) there is no detail on how the natural and cultural assets will be enhanced.
The Proposed Cable Beach Development Strategy does not integrate the cultural and natural attributes of the area in a holistic way. While the Strategy does identify some of the key attributes of the natural and cultural values of the area, it lacks depth, has significant gaps and lacks a discussion on how this fits into and could enhance the economy of the precinct. Environs Kimberley is calling for the Proposed Cable Beach Development Strategy to integrate the cultural and natural attributes of the area into any development plans in a holistic way. |
Yawuru cultural heritage is referenced a number of times in the draft Strategy. In response to Yawuru’s submission in 34(e), officers have recommended inserting an additional element into the Concept Plan, ‘Ecological and Cultural Tourism’ which describes opportunities for Yawuru to develop ecological and cultural tourism activities in the Yawuru Conservation Estate. Ecological tourism could also be undertaken by other groups, with permission from Yawuru and the Shire.
It is noted whilst the draft Strategy recognises the environmental value of the Precinct, it does not provide much description of this. To remedy this officers recommend inserting an additional sub-heading in Section 2.1 – Opportunities in Part 2, as follows:
2.1.4 Unique Natural Environment
The most well known feature of the Cable Beach Tourist Precinct is Cable Beach itself. Consistently described as one of the best beaches in the world, Cable Beach stretches for 22 kilometres of uninterrupted white sand and is a major drawcard for tourists as well as a beloved recreation space for locals. The natural environment surrounding Cable Beach is also noteworthy. Marine turtles, predominantly the flatback turtle (Natator depressus) nest along Cable Beach between October and February, and the waters adjoining Cable Beach are part of the migration route for the world’s largest Humpback whale (Megaptera novaeangliae) population.
The terrestrial environment adjacent to Cable Beach is characterised by a Holocene dune system. Monsoon Vine Thickets, a Threatened Ecological Community listed on the Commonwealth Environmental Protection and Biodiversity Conservation Act 1999, are located landward of the dunes. These semi-deciduous vine thickets are culturally significant, a source of bush foods such as gubinge, and provide important habitat for fauna including migratory birds.
With the exception of Reserve 36477 which is managed by the Shire of Broome and extends approximately 650 metres, the majority of Cable Beach Foreshore forms part of Yawuru Conservation Estate, comprising relatively undisturbed bushland with limited infrastructure. This adds to the character of Cable Beach which is often described as ‘pristine’.
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Support in part. Recommend inserting an additional sub-heading in Section 2.1 – Opportunities in Part 2, as follows:
2.1.4 Unique Natural Environment
The most well known feature of the Cable Beach Tourist Precinct is Cable Beach itself. Consistently described as one of the best beaches in the world, Cable Beach stretches for 22 kilometres of uninterrupted white sand and is a major drawcard for tourists as well as a beloved recreation space for locals. The natural environment surrounding Cable Beach is also noteworthy. Marine turtles, predominantly the flatback turtle (Natator depressus) nest along Cable Beach between October and February, and the waters adjoining Cable Beach are part of the migration route for the world’s largest Humpback whale (Megaptera novaeangliae) population.
The terrestrial environment adjacent to Cable Beach is characterised by a Holocene dune system. Monsoon Vine Thickets, a Threatened Ecological Community listed on the Commonwealth Environmental Protection and Biodiversity Conservation Act 1999, are located landward of the dunes. These semi-deciduous vine thickets are culturally significant, a source of bush foods such as gubinge, and provide important habitat for fauna including migratory birds.
With the exception of Reserve 36477 which is managed by the Shire of Broome and extends approximately 650 metres, the majority of Cable Beach Foreshore forms part of Yawuru Conservation Estate, comprising relatively undisturbed bushland with limited infrastructure. This adds to the character of Cable Beach which is often described as ‘pristine’. |
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c |
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Inadequate consultation of the community While we recognise that community consultation has taken place, it has not been of a high quality and lacks depth. Given the significance of the area and its importance to Broome we recommend a deep consultation process where complex cultural and environmental matters can be discussed in an informed way. Environs Kimberley is calling for a workshop with the Shire on the Cable Beach Development Strategy. |
Extensive preliminary engagement was undertaken in 2015 which informed the preparation of the draft Strategy, and is summarised in Appendix 1 to Part 2 of the draft Strategy. This did not include a public workshop as officers were aware that a number of public workshops had been held about the Cable Beach Precinct in past years, with workshops conducted by two separate consultants in 2011 and 2012.
A Community Engagement Plan for public consultation on the draft Strategy was prepared in accordance with the Shire’s Community Engagement Policy and Local Planning Policy 8.23- Public Consultation – Planning Matters and endorsed by Council in April 2016. The community engagement undertaken for this project exceeds Council’s requirements and no further activities are recommended. |
Not support. |
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d |
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Beach access Environs Kimberley does Not support the relocation of the current beach access and we offer the following comments regarding the proposed alternatives in the strategy:
1. The stormwater drainage easement located on the northern portion of the Broome Camp School (Reserve 31354) located on Department of Education land, is approximately 20m wide, and in some areas stretches out to 30m, allowing for sufficient space to accommodate two vehicle lanes and a multi-use path wide enough to cater for pedestrians.
Matters to be considered for this option include potential adverse impacts on the amenity of the Camp School and adjoining private property.
The existing stormwater drainage easement is unstable and subject to water and aeolian movement of sand and accumulated debris from the surrounding urban area. The issue of untreated storm water flowing into the ocean is already an existing issue. An alternative drainage system would have to be built in conjunction with any proposed traffic access which compounds the cost of developing this option.
In addition to potential adverse impacts on amenity for the Camp School and adjacent private property, the current road system feeding into this option would also require significant modification to cope with increased traffic flows. This would also compound the cost of developing this option. Any subsequent increase in traffic movement along Millington, Sanctuary and Oryx Roads would also have an adverse effect on the amenity of this area.
2. An access track could be created from the northern end of Lullfitz Drive. Informal tracks already exist in this location.
The first point in relation to this option is that it is outside of the Cable Beach Tourist precinct and therefore, not within the scope of the Development Strategy.
Matters to be considered for this option include potential traffic impacts in the adjoining Rural Residential area, adverse environmental impacts associated with crossing over 1 kilometre of the dune system, and seasonal flooding and ‘boggy’ sands experienced in the area which may restrict access.
Despite the existence of ‘informal tracks’, the volume of traffic at present is much less than would be anticipated if these tracks were formalised. Given that access to the beach using existing tracks requires vehicles to travel 1 kilometre across a dune system which is subject to seasonal flooding, aeolian movement and ‘boggy sands’, it is assumed that significant investment would be required to upgrade this road to a standard that can cope with the projected volume of traffic that may wish to access Cable Beach.
This road may also serve to provide access to other parts of the dune system or Buckley’s Plain area by vehicle users which would potentially comprise the ecological integrity of these areas. In addition to potential adverse traffic impacts on the adjacent Rural Residential area, the current road system along Lullfitz Drive that feeds into this option would also require significant modification to cope with increased traffic flows. This would also compound the cost of developing this option. An upgrade of Fairway Drive may also be required further adding to the projected costs associated with this option.
3. An access track to the south of Coconut Wells, off McGuigan Road.
This option is also outside of the Cable Beach Tourist precinct and is therefore, not within the scope of the Development Strategy.
Matters to be considered for this option include the distance of this access location from the heart of the tourist precinct, which may dissuade some users who are unfamiliar with the area. Despite the existence of informal tracks, both are subject to very low traffic flows which minimise the impact on the surrounding area.
Significant investment would be required to upgrade this road to a standard that can cope with the projected volume of traffic that may wish to access Cable Beach. There may also be adverse impacts on land owners and residents adjacent to a new road at Coconut Wells or feeder roads (i.e. McGuigan Road). Another factor to be considered is the distance of this option from the Cable Beach Tourist precinct which would serve to be prohibitive to most users. Environs Kimberley is calling for the current beach access to be retained and encourages a discussion on how people can have continued access to the beach in a less environmentally damaging manner. |
The draft Strategy clearly states the options presented are ‘initial’ and ‘will require further exploration.’ It also recognises there are constraints – some significant – associated with each option.
It is acknowledged that one or more of the initial options may ultimately be removed from contention due to a ‘fatal flaw,’ however until further due diligence investigations can be carried out, removing of options is Not supported.
If no alternative access can be agreed that is suitable for cultural, environmental, social, financial, and land tenure reasons then it is envisaged the access point will remain as is.
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Not support. |
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e |
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Redevelopment of the Old Crocodile Park Environs Kimberley does Not support the proposal to increase the height limit of commercial buildings within the precinct to 5 storeys.
As has been stated previously, the comparative advantage that Cable Beach has is that it is seen as: · Pristine · Unspoilt · Clean · Spacious By tourists and locals (Cable Beach Development Strategy Part 2). The report commissioned by the Broome Tourism Leadership Group ‘Broome & the Kimberley: Current perceptions and future direction’ showed that people come to Broome to see iconic places/experiences and that they are attracted by the natural environment and landscape. This view was also reflected in the Broome Tourism Strategy by Haeberlin in 2014 when people were asked what they thought the most important strengths of Broome tourism the top answer was Cable Beach and coastline.
A five storey building would have a significant negative impact on the visual amenity of the Cable Beach precinct.
Other concerns we have are that an increase in the density associated with activities derived from these commercial premises has not been incorporated into the current Development Strategy and is therefore not reflected in key elements such as a corresponding increase in public space or parks and recreational space.
Fire and safety regulations pertaining to buildings of this height will serve to increase the cost associated with developing commercial buildings in the precinct which will then be passed on to lessees and patrons using the buildings within the precinct.
A further issue is the amount of parking required by the occupants of commercial buildings of this height will detract from the extent of land available in each parcel for building development.
In a related issue, there is no corresponding public transport plan in the Development strategy that serves to compliment the building of commercial premises to 5 storeys to offer the requisite parking requirements. Environs Kimberley is calling for current building height limits to be retained |
Concerns regarding the potential amenity impacts of increased height are discussed in the response to submission 3(a) above.
With respect to provision of open space, any proposed development on the Old Crocodile Park site will be directly adjacent to the green corridor in Sunset Park which includes one neighbourhood park and two local parks, and similarly within 90 metres of the Cable Beach Foreshore Reserve, which functions as a District Park. Therefore, the public open space proximate to this site is considered more than adequate.
With respect to cost, developers will have to undertake their own feasibility assessments to determine a project’s viability.
With respect to car parking, the draft Strategy requires parking for tourist development to be provided on site and screened from the street which will minimise amenity impacts. On-street parking will be supported for the commercial uses along ‘Priority Active Frontages,’ however this must be in the road reserve.
The Shire does not determine whether public transport is provided, however the present shortage thereof is acknowledged and the draft Strategy contains the following action in Section 3.7.2 (Shire of Broome Direction, Movement Network):
2. Lobby for public transport to be readily available and accessible for tourists and residents travelling to, from and within the Cable Beach Precinct.
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Not support. |
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f |
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Yawuru Tourist Development Environs Kimberley does Not support new development on the western extremity (i.e. ocean side) of Cable Beach Road West.
The vegetation in this area is an important buffer for Monsoon Vine Thicket and contains Gubinge trees and other fruit, medicine and ceremonial plants.
Any proposal for development here would need to have a visual landscape assessment to ensure it would not be seen from the Beach. Drainage and protection of MVT buffer are important matters to be taken into consideration here as well. Environs Kimberley is calling for the bushland on the ocean side of Cable Beach Road West be retained. |
These lots were identified in the 2010 ILUA to be transferred to the Yawuru Native Title holders in freehold title. They are zoned ‘Tourism’ in LPS6 and as such development, and associated land clearing, could occur in future, subject to all relevant approvals being received.
The draft Strategy recognises that these lots are in proximity to natural areas and hence the Concept Plan includes the following in Section 4.16:
As the only development site west of Cable Beach Road West, it will be important that the development of tourist accommodation on this site is done in an environmentally sensitive manner that recognises and respects the dune environment and the adjacent Monsoon Vine Thickets. In accordance with the provisions of Local Planning Scheme No. 6, a maximum height of 3 storeys will be supported. |
Not support. |
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g |
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Streetscape Enhancements at 11a Environs Kimberley does Not support the clearing of bushland along Cable Beach Road West. Again, we emphasise Cable Beach’ comparative advantage – there is no evidence to suggest that more people will be attracted to Broome due to manicured boulevards. According to the Cable Beach Development Strategy Part 2 people love Cable Beach because it is pristine, unspoilt, clean and spacious. Environs Kimberley is calling for the bushland along Cable Beach Road West be retained |
It is likely that some (if not the majority) of the vegetation currently located in the Cable Beach Road West road reserve will be cleared in association with the development of Lots 2790 and 2791.
The draft Strategy envisages that Cable Beach Road West will ultimately provide a direct linkage between the Cable Beach Precinct and Chinatown. As the shortest route between the two precincts, this link would likely become the major thoroughfare across the peninsula, and it is envisaged that it will cater for cyclists, pedestrians, and public transport as well as vehicles.
A road of this standard will require dual use paths on both sides of street, as well as sufficient lighting and adequate shade trees for pedestrian comfort. Additionally, as Cable Beach Road West is identified as a ‘Priority Active Frontage’ it is likely that on-street parking will be required along some sections as development with active street-level commercial uses occurs. The draft Strategy does not suggest that streetscape improvements will attract people to Broome, but rather that they will be required to provide a level of service and amenity that is consistent with a higher-order road that functions as the entry to a world-class tourist destination. As Yawuru owns a substantial amount of land with frontage to Cable Beach Road West, the draft Strategy recommends working with Yawuru to incorporate cultural elements into the streetscape.
Whilst this is likely to mean that the vegetation along this street is removed, there is considered to be ample area where vegetation along the road will remain, such as along Gubinge and Gantheaume Point Roads adjacent to Minyirr Park. |
Not support. |
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h |
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Coastal Hazard Risk Unfortunately, despite numerous requests, the Shire has refused to release the coastal vulnerability study. This is a fundamental flaw in the consultation process. |
The Coastal Vulnerability Study was formally received by Council in June 2016 and is publicly available on the Shire’s website. |
Not support. |
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37 |
K. Weatherall PO Box 1669, BROOME, WA 6725 |
15 Orr Street |
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a |
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Comments: I object to the following proposed changes to Cable Beach precinct proposed in the Cable Beach Development Strategy: 1. I OBJECT to proposed changes to building height limits on the two Lot’s covering the current old Crocodile Park site. Increasing the current height restrictions to 24 m for building height and 17m for wall height will have a radical impact on the current visual landscape. I believe it will make the area less attractive and it will not enhance the visual amenity of the area. It would also decrease the natural values of Cable Beach. Broome does not need to copy other areas of Australia like the Gold Coast. High rise buildings impact the natural environment through increased activity (numbers of people and cars, pollution, changes to infrastructure, drainage, etc) and radically interrupt the skyline visually. It will put the focus on buildings and architecture not the natural landscapes. Whilst low scale development, places an emphasis on the natural environment by not interfering with the natural vistas. It will impact future development as by allowing one development to change the building codes and laws will make it easier for future developers who would like to develop multi storey buildings. |
As per submission 3(a) above. |
Not support. |
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b |
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2. I OBJECT to any developments (including streetscape landscaping) on the west side of Cable Beach Rd will impact on the buffer zone of the Threatened Ecological Community of the Monsoon Vine Thickets of Minyirr Park. This area provides a buffer to the dune system as well and protects the wildlife and flora within it. This area of bush should be preserved and valued for its ecosystem services. I do Not support any development on the west side of Cable Beach Rd. |
As per submission 37(f) above. |
Not support. |
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c |
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3. I suggest the plan needs to reframe itself to put the environment front and centre as that is key value why Broome is so special to visitors. The Beach is one of the most important draw cards for visitors to this town, seconded by the people and the history. I would like the plan to prioritise protecting the natural assets of the area and incorporate cultural importance of place and Traditional Owners. |
As per submission 36(b) above. |
Support in part. As per submission 36(b) above. |
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d |
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4. I am concerned about the impact of changing the Cable Beach access ramp position to behind the camp school on the camp school clients, on the sand dune, the Traditional Owners cultural sites and traffic management in the area. I request a thorough study of the impact of making such changes should be undertaken. |
As per submission 9(a) above. |
Note submission. |
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e |
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I SUPPORT: 5. the free backpacker parking and camping idea is a great way to minimise illegal camping in the area. I would like to see it managed properly by a camp host (possibly a volunteer who could clean the ablutions and manage the camp, with back up support from Shire Rangers in return for free camping) There would necessarily be limits on length of stay (ie 2 nights) of anyone vehicle. |
The response to submission 5(d) above outlines some management arrangements which may be considered for the backpacker camping area, which includes length of stay requirement. This will be considered in greater detail through the development of the Foreshore Master Plan. |
Support. No modifications required. |
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38 |
Broome Botanical Society C/O – PO Box 2281, BROOME, WA, 6725 |
44 Blackman Street |
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a |
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Public Submission: Cable Beach Development Strategy The Broome Botanical Society (BBS) has read and discussed the Cable Beach Development Strategy and would like to raise the following concerns relative to specific parts of the plan: |
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b |
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Community Consultation The Broome Botanical Society believes that the community consultation has been inadequate. On p.56 the strategy talks about “Preliminary engagement involved one-on-one informal discussions within the organisation and with key stakeholders and landowners within the Cable Beach Precinct”.
No discussions were sought with the BBS despite the Society’s long history in successfully advocating for environmental protection of the Minyirr Park environment and documentation of the Nationally Endangered Monsoon Vine Thicket contained within. The BBS also notes that other community environmental organisations, i.e. Society of Kimberley Indigenous Plants and Animals and Environs Kimberley, have also played a major role in conservation of Minyirr Park and the Endangered ecosystem yet were also not contacted by the Shire. This lack of consultation with key conservation groups suggests that the Shire needs to redefine who their ‘key stakeholders’ are as it is not inclusive, is inefficient and vastly inadequate. The Society also notes that “informal” discussions with key stakeholders is inadequate. Instead, formal discussions and consultation should have occurred. The Broome Botanical Society is calling for the Shire to run an inclusive and well-advertised community workshop to allow proper discussion and input into the development plan. |
As per submission 36(c) above. |
Not support. |
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c |
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Proposed 5 storey development at the Old Crocodile Park site The Broome Botanical Society feels that the proposed 5 storey development at the Old Crocodile Park site (Lots 1640 & 2212) is far too tall (24 m, p. 18) and will ruin the visual landscape and compromise Broome’s environmental image. They also greatly exceed the current height limits (clause 5.11 of LPS6). We believe that a significant part of the local and tourist community visit Cable Beach and Broome because of its natural features, its eco-tourism attractiveness, which makes it unique compared to many other northern Australia tourist sites. This would be greatly compromised by a visible 5 storey development so close to Cable Beach. This proposal suggests that the Shire does not appreciate the importance of the environmental values and image of Cable Beach.
The Society notes in the feedback section on p.59-60, that people appreciate the fact that Cable Beach is ‘kept natural’ and ‘not over developed’ and that no one suggested large scale high-rise developments as an improvement, instead someone suggested ‘no high rise’. This feedback is also reflected in other parts of the document. The fact that the Shire is still proposing a 5 storey building, which most would consider high-rise in Broome, suggests that the Shire is not taking the scant community consultation seriously. The Broome Botanical Society is calling for no developments above the current limit in the Cable Beach area.
Additionally, we feel that the current proposal does not properly assess or communicate the potential impacts of such a development, e.g. there is no assessment of the visual impacts and sightlines. As such, we feel that the current proposal does not allow proper informed consultation with the community. The Broome Botanical Society is calling for a proper visual landscape assessment at the current levels, including the creation of images of the proposed development from different vantages to gain tourist and community feedback. |
As per submission 3(a) above.
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Not support. |
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d |
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Change of Car Ramp Position The BBS does not understand the case for moving the ramp and feels that it should remain in its current position. The BBS notes that there has been no data collected or assessment of the impact of increased car traffic along the proposed route. We are concerned about the impacts of the new ramp site on the sand dunes and feel that this has not been adequately assessed. As an environmental organisation, we are both surprised and very disappointed that there has been no assessment of whether the new ramp position and resultant beach traffic flows will impact potential sea turtle nesting sites. We understand that the beach is closed (at times) during the nesting season, however the potential changes in beach coastal morphology that could result from the new ramp position may affect nesting behaviour. The fact that there is no mention of turtles in the main section of the document illustrates the overall poor integration of the environment into the planning process. The Broome Botanical Society is calling for the ramp to remain in its current position until greater analysis of impacts to traffic, dune morphology and turtle nesting can show there will be minimal impact. |
As per submission 36(d) above. |
Note submission. |
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e |
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New developments on the west side of Cable Beach Road The Broome Botanical Society is very concerned about the potential new developments on the west side of Cable Beach road. This sets a new and worrying precedent, as there has been no recent new buildings to the west of Cable Beach road or Gubinge Road. These developments would lead to losses in important mature savannah vegetation, including numerous plants that are culturally important for food, medicine and artefacts. The savannah vegetation in this area is also important as it is a transitional edge to the Nationally listed Endangered Monsoon Vine Thicket (EPBC Act 1999) running parallel in the Minyirr Park Conservation area. Numerous Broome Botanical Society reports and the State and Federal Draft Recovery Plan for the ecosystem require a 500 m buffer zone around the Vine Thickets. These developments will occur within 200 m of the Monsoon Vine Thicket, and are therefore an unacceptable risk to the ecosystem through impacts to hydrology and providing new weed vectors. The Broome Botanical Society does Not support any new development to the West of Gubinge or Cable Beach road as it will cause a loss of mature savannah habitat and will encroach on the required buffer for the Nationally Endangered Monsoon Vine Thickets. |
As per submission 36(f) above. |
Not support. |
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f |
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Streetscape Enhancements at 11a, Figure 4 The Broome Botanical Society is concerned about the potential loss of vegetation on the west side of Cable Beach Road, as per discussions above, and which species of ‘street trees’ will be planted. As there is already a footpath on the east side, we question the need for changes to the west side. The Broome Botanical Society calls for no native vegetation to be cleared along the west side of Cable Beach road, and that any new plantings be local native species. |
As per submission 36(g) above. |
Not support. |
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Surf Club Refurbishment Although we understand that the refurbishment of the Surf Club is being handled by the Surf Club, we would like the Shire to support that the refurbishment should not clear native vegetation or expand outside the current footprint. |
The Shire is supportive of the current footprint of the Surf Club being maintained and whilst no formal development proposals for this redevelopment have been submitted, it is understood that this is consistent with the Surf Club’s future plans. |
Note submission. |
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g |
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An overall lack of proper integration of the environment or cultural aspects in the plan Although one of the themes for the planning process has been to “retain and enhance Broome’s rich culture, environment and history” (p.4 point 1.2) we feel that the process has done a poor job at properly integrating some key environmental and cultural aspects into the plan, let alone enhancing them: · There is poor understanding of the importance of Cable Beach as an undeveloped natural area; · There is no mention of impacts on nesting turtles; · There is proposed development in Endangered Monsoon Vine Thicket buffer zones; · There is potential losses of mature Savanah vegetation; · There is no mention of the culturally significant and internationally renowned reconciliation walk, the Lurujarri Heritage Trail, which passes through the area; · Although the plan talks about relocating the vehicle access ramp to avoid driving over “exposed rocks which are sacred to Yawuru”, it fails to understand that the whole small rocky headland is culturally important to Yawuru. Therefore relocating the ramp to allow vehicles to drive down the northern slope of the headland will also have an impact on the site.
Many of these concerns could have been discussed and solutions found if the consultation process had included ‘formal’ discussions with key conservation and cultural stakeholder groups in the area. However, as this has not transpired and as the Broome Botanical Society has numerous concerns, we feel that the Strategy is inadequate in its current form. |
As per submission 36(b) above. |
Support in part. As per submission 36(b). |
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39 |
L. Morris PO Box 432, BROOME, WA, 6725 |
99 Kanagae Drive |
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a |
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I wish to lodge my objections and comments with respect to the following sections of the Draft Cable Beach Development Strategy:
1. 4 - Relocate Vehicle Access I believe the division the current vehicle access ramp onto Cable Beach provides between the amphitheatre and foreshore area is good. The amphitheatre is used for numerous events and some of these are fenced/cordoned off to the public. The access ramp provides a defined boundary for these events whilst still allowing vehicle access to Cable Beach. I believe the separation between the 2 should remain.
4(a) I strongly object to any land being taken from the Broome Camp School. I was part of a group that met with a representative of the Hawaiian Property Group (HPG) in 2OO7/O8 on the Millington Road Development Plan. Part of that Plan proposed a pedestrian access way on Broome Camp School land bordering the Cable Beach Resort. When questioned at the time as to why the original access way running down the side of the Cable Beach Resort was closed, the HPG representative responded that it was closed due to their concerns with safety and security issues.
To use the northern portion of the Broome Camp School for vehicles and pedestrians would result in the same issues with safety and security. The northern portion of the Broome Camp School is very close to dormitories where the children who are attending camp sleep. Many of the children attending the Camp School suffer from illness or a disability. The safety and security of those and all children who come to the Camp is paramount and should not be negotiable. The Broome Camp School is a very precious haven to many children and should remain that way. Placing a road/pedestrian walkway so close to these dormitories would be disruptive and pose a serious safety risk.
4(b) and (c) Items (b) and (c) don't appear to be acceptable options either. The obstacles stated in each paragraph speak for themselves. lt would seem these 2 options have been put in to strengthen the case for option (a).
I suggest leaving the access ramp where it is. |
As per submission 36(d) above. |
Not support. |
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b |
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5 - Upgrades to Amphitheatre Whether the Access Ramp to Cable Beach is moved or not, there is no reason why the Amphitheatre can't be upgraded with tables and seating or night markets. |
The draft Strategy is supportive of this. It is recommended that Section 4.5 – Upgrades to Amphitheatre be reworded slightly to indicate that improvements to the amphitheatre are not contingent on the relocation of the access ramp. |
Support. Recommend amending Section 4.5 to state:
The northern end of the amphitheatre could be contoured to provide a user-friendly space, and there is potential to install a basic stage facility to cater for public performances, buskers, etc. A reconfigured space could also cater for other community activities, such as night markets. The existing footpaths could be improved and public amenities such as tables and seating could be installed in strategic locations. Future relocation of the vehicle access ramp would mean the loop road at the northern edge of the car park will not longer be required and could be removed, allowing for additional parkland to be created. |
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c |
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9(a) - Kiosk/Mobile Trader on Cable Beach I strongly object to consideration being given to serve alcohol in a designated area of the beach. I can understand special licences being granted for events held on the beach, but as an everyday thing, it is not needed. There are enough licensed premises in the vicinity of Cable Beach without having to have them on the beach too. |
The draft Strategy indicates that the service of alcohol could be considered along with the installation of a mobile trader on Cable Beach, but it is not a fundamental component of this concept. Council is currently reviewing its policy 4.5.3 – Commercial Activities on Cable Beach and it is likely that future guidance will be provided through this process. |
Not support. |
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d |
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15 - Sensitive Redevelopment of the Old Crocodile Park My strongest objection is to the suggestion of an up to S-storey development. We already have a height restriction which was for 2 storey buildings but some buildings have pushed the boundaries and built within that restriction but the buildings are 3 storeys. To have tall multistorey buildings in Cable Beach will just make us like any other commercial tourist destination. At the moment the Cable Beach area is still special and not a commercialised commodity just trying to cash in on the tourist dollar. lt still shows a bit of what Broome is about and that needs to be maintained. This Draft Report makes specific reference to the many undeveloped properties and parcels of land in the area. lf there are so many undeveloped properties and land, then why talk about 5 storey buildings. I am unsure how the use of the word "Sensitive" in the title of this paragraph could possibly relate to a 5 storey building. The beauty of Cable Beach (and Broome as a whole) is that it does not have multi storey buildings such as is proposed. |
As per submission 3(a) above. |
Not support. |
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e |
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16 - Yawuru Tourist Development I agree that any development of this site must be done in an extremely environmentally sensitive manner. lt would be good if this area was not developed, as part of the appeal of Cable Beach is having areas like this that aren't developed giving it a less commercial look. If the development is 3 storeys, then a maximum height restriction must be in place. Unless height restrictions are in place, 3 storeys could be any height. The paragraphs reads "a maximum height of 3 storeys" but what is the maximum height of 3 storeys? |
This is governed by Local Planning Scheme No. 6 which restricts the height of non-residential buildings to 10m wall height and 14m overall height, which is generally equivalent to three storeys. |
Note submission. |
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40 |
UDLA PO Box 3498, BROOME, WA, 6725 |
Unit 2, 24 Dampier Terrace |
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a |
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1.2 How Was The Strategy Developed - Common Themes (p.4) UDLA strongly agree with the five themes presented. Potential Actions/Alternatives/Suggestions – Comment only. |
Noted. |
Support. No modifications required. |
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b |
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2.1 Historic Context - “‘some additional resort and recreation facilities’ to be permitted around Cable Beach, although the need to ensure these facilities were not ‘incompatible with environmental good health’ was stressed.” (p.6) This notion of ensuring good environmental health remains true and should play a key part in the future planning, design and development of this precinct. Potential Actions/Alternatives/Suggestions – Comment only. |
The first overarching principles of the draft Strategy is:
Respect, preserve, enhance and celebrate attributes of the natural environment and the area’s rich culture and heritage;
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Support. No modifications required. |
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c |
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2.2.1.3 Minyirr Park - Minyirr Park as a barrier to Broome’s development (p.8) Minyirr Park should not be viewed as a barrier, instead as an ecological, cultural, recreational and functional opportunity. Minyirr Park allows cultural stories to connect with the Cable Beach precinct, opening opportunities for cultural tours and economic development for Broome Community. Minyirr Park also provides a recreation link, used by many of Broome’s locals and tourists, opening opportunities for recreation tourism. The Park is an important ecological corridor, home to monsoon Vine Tickets and habitat for many fauna. Lastly Minyirr Park protects Broome’s coastline with a robust green infrastructure barrier that provides a soft approach to storm surge management (important consideration for CHRMAP). Potential Actions/Alternatives/Suggestions - Remove Minyirr Park as a barrier to development. |
Section 2.2 – Geographic Context describes ‘barriers’ as elements that restrict connectivity between the Cable Beach Precinct and other parts of Broome, not as barriers to development. The draft Strategy recognises the important role Minyirr Park plays and officers have recommended amendments in response to submissions 34(e) and 36(b) to further strengthen the description of the area’s natural attributes and the opportunity for ecological and cultural tours. |
Not support. |
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d |
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2.2.2.2 Chinatown - The final location and design of a future road link will be subject to further discussions with landowners and Main Roads WA, however the connection should be multifunctional and designated as an Ecological Corridor, a cycle/walkway, a public transport route and a road. This connection will provide an opportunity to emphasise Broome’s rich culture and heritage and re-establish traditional connections across the peninsula. (p.9) Affirm this statement that any road link must be multi-functional providing an ecological, cultural and recreation corridor. Potential Actions/Alternatives/Suggestions – Comment only. |
Noted. |
Support. No modifications required. |
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e |
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3.5 Land Use - However, it is important that commercial activity is of a scale that will not detract from Chinatown as the Shire’s main commercial and retail precinct. (p.14) Affirm this point and believe that any mixed use or retail development needs to be fine grain and of a small scale- and does not detract from Chinatown but in fact offers a different product and one more suited to the walking tourist of the Cable Beach Precinct. Potential Actions/Alternatives/Suggestions – Comment only. |
This is the intention of the draft Strategy which makes clear that retail development is to be ‘tourist-orientated’ and ‘small scale.’ Officers are recommending restricting the size of tenancies along the ‘Small Scale Retail strip’ to ensure this occurs. |
Support. No modifications required. |
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f |
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3.5.1.i & ii Development Control Provisions - Preferred list for ‘Priority Active frontages’ and ‘small scale retail strip’ (p.14-16) Inclusion of ‘Arts and Crafts Centre’ should be a high priority within both land use areas with provisions in planning strategy to assist small local arts groups to set up studios and shop fronts within tourist zones and sell ‘real’ souvenirs. Potential Actions/Alternatives/Suggestions – Comment only. |
‘Arts and Craft Centre’ is listed as a ‘preferred’ land use along ‘Priority Active Frontages’ and the ‘Small Scale Retail Strip’ and it is a ‘P’ or ‘permitted’ use in the ‘Tourist’ zone under Local Planning Scheme No. 6. |
Support. No modifications required. |
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g |
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3.6.1.a Development Control Provisions - Require development along ‘Priority Active Frontages’ to address, and have a level of interaction with, the primary street. (p.18) It should be emphasised that any development within this zone must have a ‘high’ level of street interaction to properly activate streets. Potential Actions/Alternatives/Suggestions – Include ‘high level of street interaction’ as a notion to provide greater power in activating the street. |
This is the intention of the ‘Priority Active Frontages’ designation and officers recommend the relevant provision be reworded for clarity. |
Support. Recommend amending 3.6.1(a) to state:
a) Require development along ‘Priority Active Frontages’ to address, and have a high level of interaction with, the primary street. |
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h |
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3.6.1.d Development Control Provisions - Promote climate responsive building design. (p.18) Climate responsive design must be a key design guideline so that development remains cutting edge, relevant, responsible and does not become ‘incompatible with environmental good health’. Potential Actions/Alternatives/Suggestions – Enforce climate responsive design measures through design guidelines and planning and building approval stages. |
Local Planning Scheme No. 6 contains provisions relating to ‘Broome Style Architecture’ which include elements of climate responsive design. |
Support in part. No modifications required. |
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i |
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3.6.1.xiii Development Control Provisions - The variation of the height provisions outlined in Clause 5.11 of LPS6 will be considered for development on Lots 1640 and 2212 Cable Beach Road West, with development not to exceed a wall height of 17 metres and an overall building height of 24 metres. (p.18) A planning guideline Lord McAlpine set for the original Cable Beach Club resort was that ‘buildings should be no taller than the height of the palm trees’. This notion ought to be considered to connect modern buildings with the history of this area. Potential Actions/Alternatives/Suggestions – Cap building heights at 2-3 storeys. |
As per submission 3(a) above. |
Not support. |
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j |
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3.6.1.xviii Development Control Provisions - Every application for Development Approval must be submitted with a detailed landscaping plan for the development and adjacent road reserve. (p.19) Landscape plans must be undertaken by qualified Landscape Architect to ensure a rigorous outcome. Correct site planning, climatic and regional relevance and developing a planting palette are all areas of investigation during DA approval that require Landscape Architectural input to achieve good outcomes. Potential Actions/Alternatives/Suggestions – Landscaping plans must be undertaken by qualified Landscape Architect |
Whilst the benefits of having professionally prepared landscaping plans is acknowledged, it is considered that mandating this would be onerous and increase development costs. |
Not support. |
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k |
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3.6.1.xx Development Control Provisions - Landscaping along the primary street frontage must soften the appearance of buildings and provide shade. (p.19) Further to this, a street tree and verge masterplan must be developed that governs street trees to be used to ensure continuous landscape language through streets. Potential Actions/Alternatives/Suggestions – Include information pertaining to the importance of street tree and verge masterplan |
The draft Strategy in Section 3.8.2 – Public Realm contains the following ‘Shire of Broome Direction.’
5. Develop landscaping themes for streetscapes in the Cable Beach Precinct, including Sanctuary Road, Cable Beach Road West and Murray Road.
This may include a street tree and verge masterplan however this is not budgeted for at present. |
Support in part. No modifications required. |
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l |
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3.7 Movement Network - Roads generally tend to dominate in most movement networks, however alternative modes of transport such as walking, cycling and public transport are gaining in importance. (p.20) Additional provision for car free right of ways, cycle lanes and additional dual use paths is required. Potential Actions/Alternatives/Suggestions – Include requirement for car free right of ways and cycle ways for bikes and pedestrians. |
The Precinct currently does have on-street cycle lanes and this is not recommended at present, however the draft Strategy states in Section 3.7.2 – Movement Network:
1. Provide footpaths along both sides of every street identified as ‘Priority Active Frontages.’
Whilst the intent was that these paths are dual use paths catering to both pedestrians and cyclists, it is noted that this may be unclear and hence officers recommend replacing ‘footpaths’ with ‘dual use paths’. |
Support in part. Recommend amending 3.7.2 - Shire of Broome Direction to state:
1. Provide dual use paths along both sides of every street identified as ‘Priority Active Frontages.’ |
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m |
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3.7.a Movement Network - Create and maintain a pedestrian environment which is safe and comfortable for all users at all times of the day. (p.20) Difficult to achieve shade at all times of day. Perhaps focus on key pedestrian activity times (early-mid morning, late afternoon). Potential Actions/Alternatives/Suggestions – Comment only. |
Comfort does not only mean shade, although this is key in Broome’s climate. For instance comfort at night may mean adequate street lighting and areas free from entrapment zones. |
Not support. |
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n |
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3.7 Public Realm - General note on this section (p.22) Drainage infrastructure should be integrated into public realm and not become ‘out of bounds areas’ that inevitably become eyesores and maintenance issues. Potential Actions/Alternatives/Suggestions – Ensure importance of integrated planning and design of drainage infrastructure is undertaken. |
Noted. This is recommended for the Drainage Sump at in the Cable Beach Foreshore Reserve in Section 4.2. |
Support. No modifications required. |
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o |
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3.7 Public Realm - General note on this section (p.22) It is important that in such a key precinct that a distinct level of design rigour and individuality in design outcomes are required and that ’off the shelf’ items are used sparingly for minor public infrastructure (drink fountains, bins). This should be a ‘world class’ site and not a precinct where design is governed by maintenance budgets. Potential Actions/Alternatives/Suggestions – Comment only. |
Noted. Appropriate street furniture will be considered in the design of streetscape enhancements. |
Support. No modifications required. |
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p |
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3.8.1.iv Development Control Provisions - Prior to occupation of the development, a deed of agreement between the landowner and the Shire must be prepared at the landowner’s cost, under which the owner agrees to maintain the road reserve landscaping. (p.23) Not ideal for landholder’s to maintain verges within key areas if consistent and high level finishes are desired. Potential Actions/Alternatives/Suggestions – Review requirement for landowner maintenance of verges. |
This is consistent with the Shire’s requirements in Local Planning Policy 8.10 – Parking, Landscaping, Storage, Crossover and Drainage Standards for Planning Applications. |
Not support. |
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q |
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4.1 Formalise Main Entry to Cable Beach – Entire section (p.25) Use roundabout as marker to ‘cable beach precinct’ may include lights, artwork, signage. Potentially provide signage or smaller art elements further south along Cable Beach Road West and east on Sanctuary Drive to inform visitors of proximity to Cable Beach. Consolidating pathways onto beach is important to focus pedestrians at key nodes along the beach foreshore. Potential Actions/Alternatives/Suggestions – Comment only. |
Noted. Concepts for the entry statement can be considered in greater detail through the development of the Foreshore Master Plan. |
Note submission. |
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r |
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4.2 Enhance Functionality and Amenity of the Drainage Sump (p.25) Entire section Integrate drainage and public open space. Many precedent projects worldwide of how this can be done effectively for amenity, safety, functionality and with design rigour. Potential Actions/Alternatives/Suggestions – Comment only. |
Noted. |
Note submission. |
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s |
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4.3 Manage Coastal Hazard Risk – Entire section (p.25) Ensure Coastal Hazard Risk Management is landscape design driven and not overburdened with unnecessary hard engineering solutions. Potential Actions/Alternatives/Suggestions – Comment only. |
The appropriate adaptation methods to manage coastal hazard risk will be developed through the Broome Townsite CHRMAP. |
Note submission. |
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t |
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4.4 Relocate Vehicle Access – Entire section (p.26) Relocation of vehicle access would unclog the bottleneck caused by traffic around Sunset Bar, would make the rocks and amphitheatre more pedestrian friendly spaces, safely connected to Sunset Bar and Cable Beach foreshore ‘promenade’. It is worth noting (anecdotally) that the majority of drivers north of the rocks are locals, who would not be distressed by relocating to a different and potentially more difficult to find location. Potential Actions/Alternatives/Suggestions – Comment only. |
Noted. |
Note submission. |
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u |
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4.6a Foreshore Enhancements: Pedestrian Paths – Entire section (p.26) Strengthening a pedestrian ‘spine’ north south from Amphitheatre – Surf Club is important for universal access requirements and helps to create a stage for one of Broome’s best spectacles- sunset on Cable Beach. This is a world class site that requires world class finishes. While past concepts should be considered, a consistent and strategic review of all past concepts should be undertaken to ensure consistency in design language throughout. Potential Actions/Alternatives/Suggestions – Comment only. |
Noted. This will be considered in greater detail through the development of the Foreshore Master Plan. |
Note submission. |
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v |
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4.6b Foreshore Enhancements: Public Amenities – Entire section (p.27) More and higher quality amenities should be installed along this north-south spine to enhance user experience. Potentials for more seating and exercise equipment should be considered to further activate this north-south strip. Potential Actions/Alternatives/Suggestions – Comment only. |
Noted. This will be considered in greater detail through the development of the Foreshore Master Plan. |
Note submission. |
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w |
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4.7 Pedestrian Links - Entire section (p.27) East-west permeability from resorts to coast needs to be strengthened. Murray and Sanctuary Roads should have high quality pedestrian amenity that continue through the dunes to the beach while north- south roads (Coucal, Oryx, Millington) also require high amenity paths to feed into these key pedestrian links. Path adjacent to camp school is a good concept and needs to be further refined with key stakeholders. Potential Actions/Alternatives/Suggestions – Comment only. |
Noted – the draft Strategy includes these concepts. |
Support. No modifications required. |
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x |
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4.8 Surf Club Redevelopment – Entire section (p.27) Another opportunity for café/bar for tourists. Also an opportunity to be the precinct hub/node for recreation activities. Consider public exercise equipment here. Potential Actions/Alternatives/Suggestions – Comment only. |
Noted – the draft Strategy includes the concepts of a café at the surf club and providing exercise equipment along the foreshore as part of public amenities. |
Note submission. |
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y |
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4.11.c Streetscape Enhancement: Murray Road – Entire section (p.27) Whilst this is to be a more “understated” landscape treatment, higher quality amenity is still required to provide shade, wayfinding opportunities and connections to the coastal precinct. Potential Actions/Alternatives/Suggestions – Comment only. |
Murray Road is not identified as a ‘Priority Active Frontage’ hence why the landscaping is to be more ‘understated.’ This does not mean low quality. |
Support. No modifications required. |
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z |
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4.13 Formalise Backpacker Camping Area – Entire section (p.29-30) Potential long term camping facilities need to consider financial viability of existing backpacker and caravan parks and impact on residents within adjoining Sunset Park. Potential Actions/Alternatives/Suggestions – Comment only. |
Noted – this will be explored in the development of the Foreshore Master Plan. |
Note submission. |
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aa |
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4.14 Encourage Tourist Development with Active Frontages – Entire section (p.30) Encourage vibrant land uses such as arts and crafts businesses that will provide unique and different options for the precinct. Potential Actions/Alternatives/Suggestions – Comment only. |
As per submission 40(f) above. |
Support. No modifications required. |
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ab |
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4.15 Sensitive Redevelopment of the Old Crocodile Park – Entire section (p.30) 5 storeys is too high, even for a corner site. 2-3 storeys should be maximum and should be a high quality ‘landmark building’ Potential Actions/Alternatives/Suggestions – Comment only. |
As per submission 3(a) above. |
Not support. |
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ac |
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4.16 Yawuru Tourist Development – Entire section (p.30) Site may activate surf club car park and provide connection with Minyirr Park. Potential Actions/Alternatives/Suggestions – Comment only. |
Noted. |
Note submission. |
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ad |
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5 Concept Plan Implementation – Entire section (p.30-31) The development of a Concept Masterplan for Reserve 36477 and associated streetscape masterplans for the entire precinct should be a high priority for the Shire of Broome. Potential Actions/Alternatives/Suggestions – Comment only. |
Funding has been included in the 2016-17 annual budget to undertake this work. |
Support. No modifications required. |
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Item 9.2.1 - FINAL ADOPTION OF THE CABLE BEACH DEVELOPMENT STRATEGY |
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9.2.2 LEASE DISPOSAL - KIMBERLEY REGIONAL OFFICES, BUILDING 1, TENANCY 10 LOCATION/ADDRESS: Kimberley Regional Offices, Building 1,Corner of Weld and Frederick Street, Broome APPLICANT: Minister for Works, Western Australian Police Force FILE: LSS144, RES8656 AUTHOR: Property and Leasing Senior Officer CONTRIBUTOR/S: Nil RESPONSIBLE OFFICER: Deputy Chief Executive Officer/Director Community & Economic Development DISCLOSURE OF INTEREST: Nil DATE OF REPORT: 11 May 2016 |
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SUMMARY: The Minister for Works – Western Australian Police Force (WAPOL) have expressed interest in leasing tenancy 10 within the Kimberley Regional Offices, building 1 (previously leased by Department of Corrective Services, Youth Justice) for a term of 18 months commencing from 1 November 2016. |
BACKGROUND
Previous Considerations
OMC 19 February 2009 Item 9.4.10
OMC 24 July 2008 Item 9.4.2
Kimberley Regional Offices (KRO) is on a Portion of Reserve 8656 (corner of Frederick and Weld Street, Broome) and comprises two buildings (KRO1 and KRO2) which is vested in the Shire for the purposes of “Office Accommodation.”
(Refer attachment 1)
The Department of Corrective Services are the outgoing tenants of tenancy 10 and vacated on 30 June 2016. Corrective Services have been occupying the premises since May 2009 and have relocated to KRO 2, tenancy 4 where they have a lease through to November 2018.
There are three existing tenancies in KRO building 1 as indicated below:
|
Tenancy |
Occupant |
Size (Sqm) |
|
Tenancy 11 |
Dept of Housing |
552.3 |
|
Tenancy 10 |
Vacant |
438.4 |
|
Tenancy 9 |
K.I.F.S.A |
157.7 |
On 11 May 2016, tenant representative CB Richard Ellis (CBRE) contacted the Shire of Broome on behalf of the Minister for Works to express interest in tenancy 10 at KRO 1. Negotiations resulted in officers receiving a final proposal from CBRE on 3 June 2016 for Council’s consideration/approval.
COMMENT
The terms proposed by CB Richard Ellis on behalf of the Minister for Works are as follows:
(Refer attachment 2)
|
Lessee |
Minister for Works |
|
Premises |
Tenancy 10 Kimberley Regional Offices Complex |
|
Net Lettable Area |
438.36 sqm |
|
Lease Term |
18 months |
|
Lease Break Option |
The lessee will have the ability to terminate the lease on any date no earlier than 31 October 2017 by serving one month’s prior written notice to the lessor (“the break notice”). |
|
Lease Start Date |
1 November 2016 |
|
Rent |
As per independent valuation $270.00 per sqm |
|
Outgoings |
Estimated at $195.00 per sqm |
|
Lease Fees |
At the expense of lessee |
|
Lessor Works |
Remove one non structural internal wall as per lessee’s specifications, on or before 1 November 2016 |
|
Other terms and conditions |
Consistent with the previous lease between the Shire of Broome and Minister for Works as executed in September 2009. |
Current Market Conditions:
Over the last 12 months there has been a significant decline in interest in office space from not-for-profit and government agencies. It appears funding in these sectors has decreased significantly, resulting in an increase in vacancy rates within the KRO complex and more broadly across the community.
The following comments were also reflected in Opteon Property Group’s recent valuation report dated 21 June 2016:
(Refer attachment 3)
“Commercial rents are currently subdued with sitting tenants in most instances looking to re-negotiate reductions in option periods. As for new leasing activity the market has weakened and although no official vacancy rates are kept by leasing agents we note discussions with one of the major commercial property agents have revealed that there is limited enquiry/take up of commercial space within the market place at present with landlords trying to hold onto their existing tenants when lease terms conclude.
Recent rental evidence for commercial tenancies within the area are generally between $275 to $425 per sqm plus outgoings for commercial tenancies. Rents are dependent upon normal property factors such as size, location, quality and functional utility of their improvements. Smaller modern tenancies with high exposure to passing traffic tend to attract rents towards the high end of the market rental range, while commercial accommodation in secondary locations with low exposure and older style improvements tend to attract rents towards the lower range.”
Valuation
On 21 June 2016 Opteon Property Group carried out an independent rental valuation on tenancies 5, 6, 7 and 10 within KRO 1 and 2.
(Refer attachment 3)
The Minister for Works has made a net rental offer in line with the valuation of $270 per square metre per annum.
Building Upgrades
The Minister of Works has requested the removal of one non-structural wall, which is estimated to cost up to $1000.00. There are sufficient funds budgeted in 2016/17 to undertake these works.
It is recommended that Council enter into a lease with the Minister for Works as per the outlined terms and conditions.
CONSULTATION
Western Australian Police Force
CB Richard Ellis – Global Corporate Services
Opteon Property Group
STATUTORY ENVIRONMENT
Local Government (Functions and General) Regulations 1996
30. Dispositions of property to which section 3.58 of Act does not apply
(1) A disposition that is described in this regulation as an exempt disposition is excluded from the application of section 3.58 of the Act.
(2) A disposition of land is an exempt disposition if —
(a) the land is disposed of to an owner of adjoining land (in this paragraph called “the transferee”) and —
(i) its market value is less than $5 000; and
(ii) the local government does not consider that ownership of the land would be of significant benefit to anyone other than the transferee;
(b) the land is disposed of to a body, whether incorporated or not —
(i) the objects of which are of a charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature; and
(ii) the members of which are not entitled or permitted to receive any pecuniary profit from the body’s transactions;
(c) the land is disposed of to —
(i) the Crown in right of the State or the Commonwealth;
(ii) a department, agency, or instrumentality of the Crown in right of the State or the Commonwealth; or
(iii) another local government or a regional local government;
(d) it is the leasing of land to an employee of the local government for use as the employee’s residence;
(e) it is the leasing of land for a period of less than 2 years during all or any of which time the lease does not give the lessee the exclusive use of the land;
(f) it is the leasing of land to a “medical practitioner” (as defined in section 3 of the Medical Act 1894) to be used for carrying on his or her medical practice; or
(g) it is the leasing of residential property to a person.
(2a) A disposition of property is an exempt disposition if the property is disposed of within 6 months after it has been —
(a) put out to the highest bidder at public auction, in accordance with section 3.58(2)(a) of the Act, but either no bid is made or any bid made does not reach a reserve price fixed by the local government;
(b) the subject of a public tender process called by the local government, in accordance with section 3.58(2)(b) of the Act, but either no tender is received or any tender received is unacceptable; or
(c) the subject of Statewide public notice under section 3.59(4), and if the business plan referred to in that notice described the property concerned and gave details of the proposed disposition including —
(i) the names of all other parties concerned;
(ii) the consideration to be received by the local government for the disposition; and
(iii) the market value of the disposition as ascertained by a valuation carried out not more than 12 months before the proposed disposition.
(2b) Details (see section 3.58(4) of the Act) of a disposition of property under subregulation (2a) must be made available for public inspection for at least 12 months from the initial auction or tender, as the case requires.
(3) A disposition of property other than land is an exempt disposition if —
(a) its market value is less than $20 000; or
(b) it is disposed of as part of the consideration for other property that the local government is acquiring for a consideration the total value of which is not more, or worth more, than $50 000.
[Regulation 30 amended in Gazette 25 Feb 2000 p. 974‑5; 28 Apr 2000 p. 2041; 31 Mar 2005 p. 1055‑6.]
POLICY IMPLICATIONS
Nil
FINANCIAL IMPLICATIONS
|
Description |
Income |
Expenses |
|
Net Annual Rent |
$118,357.20 ex GST per annum |
|
|
Outgoings |
$85,488.00 |
$85,488.00 |
|
Lease Fees |
$2500.00 |
$2500.00 |
|
Internal Wall Removal |
Nil |
$1,000.00 |
|
Net Gain over 12 months = $117,357.20 |
||
There are sufficient funds within Acct 147272 KRO1 - Building General Maintenance Expenses to fund the proposed internal wall removal. Further, it is noted that total budgeted rental income at KRO for 16/17 may require review and a future FACR amendment dependent on occupancy rates within the KRO complex. The 16/17 budget was based on an estimated conservative rental income with a built in factor for vacancies given the current rental market conditions.
RISK
Should the tenancy not be approved, the premises will remain vacant and the Shire will have to continue to absorb the cost of outgoings totalling $85,488 plus forgone rental income.
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
Our Place Goal – Help to protect the nature and built environment and cultural heritage of Broome whilst recognising the unique sense of the place:
Core asset management to optimise 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
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:
An organisational culture that strives for service excellence
Sustainable and integrated strategic and operational plans
Responsible resource allocation
VOTING REQUIREMENTS
Simple Majority
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That Council: (1) Accepts, in accordance with Local Government (Functions and General) Regulations 1996, Section 30(2)(b)(i) the request from the Minister for Works (Western Australian Police) to occupy office space of approximately 438 square metres being tenancy 10 in the Kimberley Regional Office building 1;
(2) Seeks Ministerial approval from the Minister of Lands for the lease in accordance with Section 18 of the Land Administration Act 1997;
(3) Authorises the Chief Executive Officer to negotiate the final terms and conditions of the lease agreement as follows:
a) Annual rent at $270 per sqm plus GST - as per independent valuation; b) 18 Month fixed term agreement with a 12 month break lease clause, exercised with 60 days written notice from the lessee; c) Permitted use is for ‘Office Accommodation’; d) Lease to be prepared by Council’s solicitor with the tenant to be responsible for all associated legal costs, including preparation and registration of lease documentation e) The landlord shall be provided with the expressed right to undertake preventative maintenance at the cost of the tenant throughout the term. Current preventative maintenance shall include but not limited to: (i) Pest inspection; (ii) Emergency service equipment inspection; and (iii) RCD and electrical inspection. f) Utilities service and consumption charges including telephone, electricity, gas and water, covered by tenant through the variable outgoings; g) Building insurance to be effected by the landlord at the cost of the tenant, all other insurances to be effected by the tenant, at the tenants cost.
(4) Authorises the Chief Executive Officer and Shire President to engross the final lease documentation. |
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Tenancy 10 Site Building Site Map |
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Tenancy 10 Proposal |
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KRO Valuation (Confidential to Councillors and Directors Only) This attachment is confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(ii)) as it contains “a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government”. |
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9.2.3 DESIGNATED COUNCIL PARKING AREAS LAYOUT AND TIME RESTRICTIONS PLAN - CHINATOWN LOCATION/ADDRESS: Chinatown APPLICANT: Shire of Broome FILE: PLA57 AUTHOR: Statutory Planning Coordinator CONTRIBUTOR/S: Ranger Coordinator Development and Subdivision Engineer Manager Building Services Acting Manager Community Development RESPONSIBLE OFFICER: Director Development Services DISCLOSURE OF INTEREST: Nil DATE OF REPORT: 28 June 2016 |
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SUMMARY: Under the Shire of Broome Parking and Parking Facilities Local Law 2012, Council may by resolution determine parking stalls and parking facilities. Council adopted a Parking Plan for Chinatown in 2005. Given the number of parking improvements that have occurred within the Chinatown area since 2005, an updated Parking Plan is required and is presented to Council for adoption. |
BACKGROUND
Previous Considerations
OMC 3 November 2005 Item 9.5.2
Under the provisions of the Shire of Broome Parking and Parking Facilities Local Law 2012 (Local Law), Council may by resolution determine parking stalls and parking facilities and as a part of this resolution can determine:
· The permitted time and conditions of parking in parking stalls and parking facilities;
· Permitted classes of vehicles which may park in the parking stalls and parking facilities; and
· Permitted classes of persons who may park in specified parking stalls and parking facilities.
Such a resolution then enables an ‘Authorised Officer’ (the Rangers) to enforce the provisions of the Local Law.
The last resolution of Council was made at the Ordinary Meeting of Council (OMC) on 3 November 2005. At this time, Council resolved to adopt Drawing No C05-001 dated 1 June 2005 (Attachment No 1) as the overall parking plan for all public roads and reserves in the Chinatown area. Since this time, a number of changes have occurred and has resulted in the need for Council to adopt a new plan.
COMMENT
Since the adoption of the Designated Council Parking Areas Layout and Time Restrictions Plan (Parking Plan) at the November 2005 OMC a number of parking improvements have been undertaken which have given rise to the need for Council to make a new resolution under the Local Law. The following notable changes have occurred:
· Frederick Street has been extended to connect to Dampier Terrace;
· The parking bays on the eastern side of the Dampier Terrace road reserve (next to Streeters Jetty) have been installed;
· The parking bays around the Broome Visitors Centre have been constructed; and
· The taxi rank that previously existed in Carnarvon Street in front of Paspaley Plaza has been relocated to Short Street.
To reflect the above changes, an updated Parking Plan has been prepared. Further, it is proposed that some further changes are made to the existing parking bays. In the main, the changes proposed relate to improvements to disabled parking bays following an audit undertaken by the Infrastructure Directorate. The updates and changes have been prepared in collaboration with officers from the Shire’s Infrastructure, Development and Community Development Directorates.
The following amendments are proposed to the Parking Plan adopted in November 2005. These changes are cross referenced with the numbering in the table below on the plan in Attachment No 2.
|
No. |
Description of Modification |
Reason |
|
1 |
Inclusion of an additional 8 parking bays in front of 10 Frederick Street as ‘Public Parks on Road Reserve (Maintained by Owners)’. |
Reflect parking that has been installed by a developer as a part of the adjacent development. |
|
2 |
Inclusion of 10 parallel bays in Frederick Street adjacent to the Police Station shown as unrestricted parking. |
Reflect parking improvements that have been installed. |
|
3 |
Inclusion of 6 parallel bays and 4 angled bays on Frederick Street as unrestricted parking. |
Reflect parking installed as a part of the Frederick Street extension. |
|
4 |
Inclusion of 4 additional angled parking bays on Dampier Terrace adjacent to the Frederick Street upgrade. |
Reflect parking installed as a part of the Frederick Street extension. |
|
5 |
Bay previously shown as motorbike has been amended to be an unrestricted car park. |
Reflect the on-ground parking arrangement. |
|
6 |
Removal of one of the bays shown as ‘Public Parks on Road Reserve’ in front of 44 Dampier Terrace. |
The bay was removed as a part of the works undertaken in the Frederick Street extension. |
|
7 |
Alter the configuration of the disabled parking on Napier Terrace to include two disabled parking spaces and remove one motorbike bay. |
This is proposed to ensure that the disabled bays meet with the updated Australian Standard. |
|
8 |
On the opposite side of Napier Terrace, remove one 2 hour parking bay and replace with two motorbike bays. |
This is proposed given that the motorbike bay on the southern side of Napier Terrace is proposed to be removed. |
|
9 |
Amend the parallel parking configuration on Carnarvon Street to show a run of five unrestricted bays (instead of six) and three motorbike bays (instead of 1). |
To reflect the on-ground parking configuration. |
|
10 |
Remove the three taxi bays in front of 23 Carnarvon Street and replace with 2 hour parking bays. |
As taxi parking bays are available on the western side of Carnarvon Street, this is deemed to be an unnecessary duplication. |
|
11 |
Inclusion of an additional motorbike bay on Short Street in front of 1 Short Street |
To reflect the on-ground parking configuration. |
|
12 |
Addition of eight parking bays in front of the Roebuck Bay Hotel as ‘Taxi/Car’ This provides for these bays to be used as taxi pick up points from 6pm to 6am and then 2 hour timed parking outside those hours. |
To reflect the on-ground parking configuration and signage. |
|
13 |
Two parking bays in front of 31 Dampier Terrace have been removed. |
To reflect the on-ground parking configuration a pedestrian island has been installed. |
|
14 |
Inclusion of an additional disabled bay in front of 25 Dampier Terrace and an additional motorbike bay. |
This is proposed to ensure that the disabled bays are compliant with the updated Australian Standard. |
|
15 |
Removal of one disabled bay and two dual taxi/car parking bays in front of 18 Dampier Terrace and replaced with six motorbike bays. |
This is proposed as the disabled bay will be relocated and to provide additional motorbike parking in this location. |
|
16 |
Inclusion of twenty-nine unrestricted parking bays, three motorbike bays and two disabled bays on the eastern side of Dampier Terrace near Streeters Jetty. |
To reflect the on-ground parking configuration. |
|
17 |
Removal of two motorbike bays. |
To reflect the on-ground parking configuration. |
|
18 |
Relocation of the disabled bay in front of Australia Post so it is at the start of the run of parking bays, not in the middle. |
This is proposed to improve the accessibility and functionality of this disabled bay. In the current configuration the disabled bay is bookended by car bays. This amendment will provide more space at the rear of the disabled bay. |
|
19 |
Removal of three 2 hour parking bays and replacement with nine motorbike parking bays. |
This is proposed as currently there is an under provision of motorbike parking bays along this portion of Chinatown. |
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20 |
Inclusion of three 2 hour parking bays in front of the Paspaley Shopping Centre entrance on Carnarvon Street, previously were taxi bays. |
To reflect the recent works undertaken which relocated these taxi bays to the other entrance to the Paspaley Shopping Centre on Short Street. |
|
21 |
Relocation of the disabled bay on the southern side of Short Street in front of 6 Short Street so it is adjacent to the disabled bay on the other side of Short Street. |
This is proposed to ensure that the disabled bays are compliant with the updated Australian Standard. |
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22 |
Removal of angled parking bays on Short Street and reinstated with two parallel taxi parking bays. |
To reflect the on-ground parking configuration. |
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23 |
Removal of four angled parking bays and replacement with one bus stop. |
To reflect the on-ground parking configuration. |
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24 |
Amendments to the disabled parking bays configuration so both parking bays are adjacent to each other and with a common shared area. |
This is proposed to ensure that the disabled bays are compliant with the updated Australian Standard. |
|
25 |
The bays in proximity to the Broome Visitors Centre in the 2005 Parking Plan were shown as proposed. The updated plan shows these bays as constructed. The allocation of the bays reflects the current on the ground parking. The only proposed changes relate to the configuration of the disabled bays. |
To reflect the on-ground parking configuration. The changes to the disabled bays is proposed so they are compliant with the Australian Standards. |
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26 |
Inclusion of eight parallel unrestricted parking bays on Hamersley Street adjacent to Male Oval. |
To reflect the on-ground parking configuration. |
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27 |
Inclusion of a nominal amount of bays which could potentially be constructed on Reserve 34305. |
This Reserve is vested with the Shire of Broome for the purposes of drainage and parking. This site has the potential to be improved in the future for additional parking. |
In summary, the amendments result in the following allocation of bays within the Chinatown:
· 134 - Public parking bays on road reserves (maintained by owners);
· 312 - Unrestricted parking bays;
· 26 - 15 minute parking bays;
· 271 - 2 hour parking bays;
· 4 - Taxi bays;
· 11 - Combined taxi and car parking bays (Taxi between the hours of 6pm and 6am and 2 hour parking otherwise);
· 5 - Bus stops;
· 5 - Loading bays;
· 21 - Disabled bays;
· 13 - Coach parking bays; and
· 53 - Motorbike bays.
The plan also shows the more substantial car parking areas that exists on private property. These bays are not maintained or regulated by the Shire, however have been included on the plan to give a true representation of the amount of parking bays constructed within Chinatown. Once this plan has been adopted by Council, it is proposed that copies be placed on the Shire’s website to increase the public awareness about the amount and location of bays in Chinatown. There are a total of 510 parking bays that are private car parks.
Further the plan shows possible future parking areas, of which there is a capacity for an additional 170 parking bays. These bays currently do not form part of the Shire’s Forward Capital Works program. However, this does show where funds received through cash-in-lieu payments from developments proposed within Chinatown could potentially be expended.
The Parking Plan has been discussed at the Chinatown Working Group Meeting where the following amendments were suggested and have been incorporated:
· The 2005 parking plan showed a crossover existing on Carnarvon Street in front of the ANZ Bank. This is not a crossover and the 2016 Parking Plan has been updated to show this as a 2 hour timed parking bay.
· The disabled bay on Short Street in front of Paspaley Pearls was shown as a 2 hour parking bay on the version of the Parking Plan tabled at the meeting. Feedback was received that this bay is well utilised and should be kept as a disabled bay.
· It was requested that a nominal amount of parking bays be shown on the Shire Reserve on the western side of Hamersley Street (in close proximity to Magabala Books). This has been updated on the 2016 Parking Plan.
The Parking Plan was also discussed at an Access and Inclusion Workshop attended by members of the Access and Inclusion Committee. The amendments proposed were supported and it was recommended that a disabled bay be included at the southern extent of the Dampier Terrace, close to the area of the Frederick Street extension. This request was made for the following reasons:
· This area is currently not serviced with a disabled bay and considering the potential improvements that may be undertaken (such as the look-out) a disabled bay would allow for universal access.
· There is a medial practice within proximity to this area.
· This area is at a higher elevation that the majority of Chinatown making it difficult for disabled access to be achieved.
This amendment is shown on the updated 2016 Parking Plan and is supported by officers.
In summary it is considered that the updated Parking Plan is appropriate and reflective of the parking conditions in Chinatown. The updated Parking Plan reflects the on-the-ground changes that have occurred since 2005 and the additional changes proposed represent an improved layout of parking bays in Chinatown.
CONSULTATION
The updated Parking Plan was tabled for discussion and input at a Chinatown Working Group Meeting and also a workshop held with members of the Access and Inclusion Committee Meeting. The Parking Plan has been updated following discussions held.
STATUTORY ENVIRONMENT
Local Government Act 1995
Shire of Broome Parking and Parking Facilities Local Law 2012
Part 2 – Parking Stalls and Parking Facilities
2.1 Determination of parking stalls and parking facilities
(1) The Council may by resolution constitute, determine and vary –
(a) parking stalls;
(b) parking facilities;
(c) permitted time and conditions of parking in parking stalls and parking facilities which may vary with the locality;
(d) permitted classes of vehicles which may park in parking stalls and parking facilities;
(e) permitted classes of persons who may park in specified parking stalls or parking facilities; and
(f) the manner of parking in parking stalls and parking facilities.
(2) Where the Council makes a resolution under subclause (1) it shall erect signs to give effect to the determination.
POLICY IMPLICATIONS
Nil.
FINANCIAL IMPLICATIONS
The line marking and signage changes required to action the changes through the adoption of this updated Parking Plan will be met through the current maintenance budget.
RISK
If the new Parking Plan is not adopted, there is a risk that parking infringement notices issued by Shire Rangers in Chinatown may be subject to legal challenge.
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:
Retention and expansion of Broome’s iconic tourism assets and reputation
Our Organisation Goal – Continually enhance the Shire’s organisational capacity to service the needs of a growing community:
Improved systems, processes and compliance
VOTING REQUIREMENTS
Simple Majority
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That Council: 1. Pursuant to Clause 2.1(1) of the Shire of Broome’s Parking and Parking Facilities Local Law 2012 adopts the Designated Council Parking Areas Layout and Time Restrictions Plan, Revision G dated 05 July 2016.
2. Pursuant to Clause 2.1(2) of the Shire of Broome’s Parking and Parking Facilities Local Law 2012 requests the Chief Executive Officer to erect signs and line markings to give effect to the Designated Council Parking Areas Layout and Time Restrictions Plan. |
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Attachment No 1 - 2005 Car Parking Plan |
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Attachment No 2 - 2016 Parking Plan Showing Amendments |
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Attachment No 3 - 2016 Parking Plan |
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9.2.4 APPLICATION FOR RETROSPECTIVE DEVELOPMENT APPROVAL - PROPOSED SHOP LOCATION/ADDRESS: Lot 481 (No.9) Short Street APPLICANT: West Coast Plan on behalf of Hutch Investments Pty Ltd FILE: SHO-1/9 AUTHOR: Planning Officer CONTRIBUTOR/S: Nil RESPONSIBLE OFFICER: Director Development Services DISCLOSURE OF INTEREST: Nil. DATE OF REPORT: 5 July 2016 |
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SUMMARY: An application for retrospective Development Approval has been received for a variation to the parking requirements of Local Planning Policy 8.16 – Provision of Parking (LPP 8.16) in association with a ‘Shop’ use. While submitted plans detail the availability of eleven (11) car parking bays on-site, Schedule 16 – Car, Motorcycle and Bicycle Ratios in Local Planning Scheme No. 6 requires that a minimum of fifteen car parking bays are required to service both existing and proposed development on-site. The applicant seeks approval for a shortfall of four parking bays. In accordance with LPP 8.16, any application to vary parking requirements must be determined by Council. The application is therefore presented to Council for its consideration. This report recommends that the application be approved, subject to a condition requiring the payment of a cash-in-lieu contribution for four car parking bays in accordance with the provisions of Local Planning Policy 8.9 – Cash in Lieu of Car Parking Chinatown. |
BACKGROUND
Previous Considerations
OMC 1 August 2007 Item 9.3.8
OMC 18 April 2000 Item 4.6
Site and Surrounds
Located in Chinatown, the ‘Town Centre’ zoned site is bounded by Short Street to the north and Sam Su Lane to the east (Refer Attachment 1 - Location Plan). Adjoining land-use comprises the ‘Broome Visitor Centre’ and parking area to the west, while ‘Shop’ and ‘Cinema’ land-uses are located to the north across Short Street and to the east across Sam Su Lane. Male Oval abuts the rear boundary of the lot to the south. The 809sqm lot enjoys vehicular access via hard-sealed cross-overs onto both Short Street and Sam Su Lane. Existing development on-site comprises:
- Five tenancy ‘Office’ land-use on ground-floor fronting Short Street;
- A two-bedroom multiple dwelling positioned above the office development;
- 42sqm two-car garage building;
- Hard-sealed car parking area comprising eleven (11) car parking bays.
Background
On 18 April 2000 Council resolved to grant approval for a two-storey ‘Retail Development with Residential Component’. In intervening years, the commercial land-use on-site has changed from retail to ‘Office’, which is a permitted use within the Town Centre zone. The development as approved comprised five ground-floor retail tenancies, an upstairs residential dwelling and fourteen on-site car parking bays. As part of a subsequent application for a boundary fence, Council on 10 July 2007 granted approval for a two-car garage to be constructed to the rear of the lot, with approved plans showing the availability of a total of thirteen parking spaces on-site including the garage.
The Proposal
The application seeks retrospective approval for a variation to parking requirements in association with the use of the existing garage building on-site for a dive ‘Shop’. Of the thirteen bays approved for the land-uses on the lot, the ‘Shop’ will remove a further two car parking bays, leaving eleven bays available for the entirety of use on-site (Refer Attachment 2 – Plans).
COMMENT
Land Use – Local Planning Strategy & Chinatown Development Strategy (CDS)
Being within the ‘Town Centre’ zone, a ‘Shop’ is a permitted land-use on the lot in accordance with the provisions of LPS 6. The proposal is consistent with the purpose of the ‘Town Centre’ zone in that it will be complementary to the functioning of Chinatown as the principal commercial centre for Broome, as set out under the Local Planning Strategy and the Chinatown Development Strategy (CDS).
Development
With the exception of car parking provision, the development satisfies all site and development requirements of Local Planning Scheme No. 6 (LPS 6), the CDS and the Chinatown Urban Design Guidelines (refer Attachment 3 – Planning Assessment Summary).
Submitted plans of elevation detail the installation of signage on the façade of the garage. While the signage complies with the Shire’s Signs Local Planning Policy, referral of signage to the State Heritage Office was required on the basis that the site is located within the State Heritage Listed Chinatown Conservation Area. As set out in the Consultation section of this report, no objections or recommendations to the signage as proposed were received from the State Heritage Office.
The development proposes 42sqm of shop floor-space, which as outlined in Schedule 16 of LPS 6, requires the provision of parking at a rate of 1 bay per 25sqm gross-floor area. With all available land on-site already accounted for via existing development and car-parking, there is no space available on-site to provide additional parking bays to cater to the proposed shop. An assessment of parking follows.
Local Planning Scheme No.6 & Local Planning Policy 8.16 – Provision of Parking
As detailed above, parking arrangements for the existing ‘Office’ and ‘Residential’ development on-site were previously approved by Council. Current parking ratios under LPP 8.16 will not be retrospectively applied to previously approved land-use on-site.
However, in assessing the proposed ‘Shop’ use it will need to be shown that the proposal is both consistent with previous approvals and current parking ratios applicable to a shop under LPP 8.16. The table below sets out these requirements as contained in Schedule 16 of LPS 6.
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Land Use |
Floor Area (SQM) |
Table 1 - Schedule 16: Parking Ratios |
Bays Required / Provided |
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Office |
N/A |
1 bay per 25sqm within ‘Town Centre’ zone |
13 bays required for existing office & residential use as per approval 10 July 2007 |
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Residential |
N/A |
Minimum 2 bays as per R-Codes |
As above. |
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Shop |
42sqm |
1 bay per 25sqm |
2 |
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Total |
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15 bays / 11 provided |
As shown in the table above, there is a short-fall of four parking bays on-site.
The applicant has provided the following rationale in support of the parking variation as proposed:
- There are parking spaces available within proximity to the property at both the visitor centre car park and the Paspaley Plaza car park. The rooftop parking at Paspaley Plaza is rarely fully used.
- The impression of a busy town centre is desirable as no one wants to go to a deserted shopping centre or down-town area.
- The subject site is not a prime parking location and therefore demand for parking on-site will be less;
- The use is compatible with its setting given its low-key nature;
- The activation of the garage as a shop will generate new passive surveillance along this section of Sam Su Lane, providing for a safer environment;
- The shop will improve the amenity of the location;
- The shop staff and customers will utilise available parking in the existing car-park;
- The proposal will not generate a significant increase in traffic along Sam Su Lane.
In addition to the above, the applicant has made clear that the land-owner is willing to make a public art contribution in the form of a mural to be painted on the external façade of the garage fronting Sam Su Lane, in lieu of a requirement to make a cash-in-lieu contribution towards parking.
The following Officer comment is provided in response to the applicant’s rationale above:
- Located within Chinatown, parking is a critical consideration in the assessment of new development and/or land-use in what is the commercial centre of Broome;
- The proposed ‘Shop’ use is compatible with its setting from a land-use perspective;
- The use of the former garage building as a shop will not generate passive surveillance of Sam Su Lane as there are no windows or major openings on the building facing onto the lane;
- It has been shown that there is already inadequate parking on-site to service the existing development. If the proposed shop is approved, it can be foreseen that this will further exacerbate parking difficulties for both tenants and visitors to the site. On this basis, it is not considered that the shop will contribute positively to the amenity of the location;
- There will not be adequate parking spaces available in the existing car-park to cater for increased vehicular traffic to the site associated with customers to the shop or for staff;
- While it is noted the proposal will not generate a significant increase in volume of vehicle traffic for the locality, the proposed shop use will nevertheless increase the number of vehicles visiting the subject site via Sam Su Lane. It can be reasonably foreseen that some customers will look to access the site via Sam Su Lane to park, placing greater demand on the need for parking.
Regarding the applicant’s request for a contribution towards public art to be accepted in lieu of a contribution towards parking, there is no provision within LPP 8.16, LPP 8.9 or LPS 6, for such an arrangement.
Clause 5.4 of LPS 6 allows for consideration of a variation to scheme or policy requirements, subject to the Shire being satisfied that:
(a) Approval of the proposed development would be appropriate having regard to the criteria set out in clause 67 – Matters to Be Considered; and
(b) The non-compliance will not have any adverse effect upon the occupiers or users of the development, the inhabitants of the locality or the likely future development of the locality.
Further to Clause 5.4 above, sub-clause (s)(ii) of Clause 67 - Matters to be Considered calls for consideration of ‘adequacy of arrangements for the parking of vehicles’. The application does not adequately demonstrate that the shop land-use, if approved with a variation to parking provision requirements, would not adversely affect the occupiers or users of existing and proposed development on the site.
Local Planning Policy 8.9 – Cash in Lieu of Car Parking – Chinatown (LPP 8.9)
LPP 8.9 provides direction to consideration of provision of cash-in-lieu of car parking for development and land-use in Chinatown. Clause 4 of LPP 8.9 states that those properties identified as ‘developed’ in the Discussion Paper dated 18 August 2005 are entitled to provide cash-in-lieu of car parking on-site for subsequent development of the site, on the proviso that a minimum of 50% of bays required for the site are provided on-site. The subject property is identified in the Discussion Paper of 2005, and as there are at least 50% of required parking bays provided on-site, is eligible for consideration of a cash-in-lieu of car parking arrangement for the current application.
Based on the above comments, it is recommended that approval of the proposed ‘Shop’ be conditioned to require payment of a cash-in-lieu contribution for four car parking bays. As per the Shire’s Schedule of Fees & Charges, this will mean a contribution amount of $6020 per car parking bay, or a total contribution of $24,080.
CONSULTATION
The application was referred to the State Heritage Office for comment for the reason that the application proposes the installation of signage within the State Heritage Listed Chinatown Heritage Conservation Area. State Heritage advice received did not raise any objections to the signage as proposed.
STATUTORY ENVIRONMENT
Local Planning Scheme No.6 (LPS 6)
POLICY IMPLICATIONS
Local Planning Policy 8.9 – Cash-in-Lieu of Car Parking – Chinatown (LPP 8.9)
Local Planning Policy 8.16 – Provision of Parking (LPP 8.16)
FINANCIAL IMPLICATIONS
Nil.
RISK
Should approval be granted without a requirement for a contribution to be made towards the provision of car parking, this would allow for development to occur in Chinatown without adequate parking in what is the principal commercial centre of Broome. This would in effect set a precedent for approval of future development and land-use that would not be based on principles of orderly and proper planning and would likely lead to a situation where the Shire will bear the financial burden of providing adequate parking in Chinatown at a future date.
STRATEGIC IMPLICATIONS
Our Place Goal – Help to protect the nature and built environment and cultural heritage of Broome whilst recognising the unique sense of the place:
A built environment that reflects arid tropical climate design principles and historical built form
VOTING REQUIREMENTS
Simple Majority
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That Council approves the application for retrospective Development Approval for a Shop at Lot 481 (No.9) Short Street, Broome submitted by West Coast Plan, subject to the following conditions: 1. Development must be carried out in compliance with the plans and documentation listed below and endorsed with the Council’s stamp, except where amended by other conditions of this approval.
Plans & Specifications:
P1 (Site Plan, Floor Plan, Elevations), & P2 (Elevations) as received by the Shire 12 May 2016.
2. The land-owner must, within 90 days of the date of this approval, make payment of a cash-in-lieu contribution for four car parking bays calculated in accordance with the Shire of Broome’s Schedule of Fees and Charges.
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Attachment 1 - Location Plan |
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Attachment 2 - Plans |
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Attachment 3 - Planning Assessment Summary |
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Item 9.2.4 - APPLICATION FOR RETROSPECTIVE DEVELOPMENT APPROVAL - PROPOSED SHOP |
LOCATION PLAN – NO.9 SHORT STREET, BROOME
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Item 9.2.4 - APPLICATION FOR RETROSPECTIVE DEVELOPMENT APPROVAL - PROPOSED SHOP |
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Consideration |
Relevant Clause LPS 6 |
Deemed Provisions - Sub-Clause |
Officer Comment |
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LAND USE |
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1 |
Scheme Aims |
1.6 |
The application satisfies the following aims of the Scheme:
1.6.3 Prosperity
(a) Assisting employment and economic growth and providing opportunities for the establishment of businesses; |
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2 |
Zoning / Reserve Purpose & Objectives |
4.4 |
The subject site is zoned ‘Local Centre’ for which Clause 4.5 establishes the following purpose and objectives:
4.4 Town Centre Zone 4.4.1 The purpose of the Town Centre Zone is to ensure that the area develops and functions as the principal retail, activity and commercial centre for Broome with retail, office, commercial, residential, social, recreational and community facilities. 4.4.2 The objectives of the Town Centre Zone are to: (a) conserve and promote the heritage and aesthetic character and streetscape of the Town Centre Zone; (b) encourage development in accordance with the development strategy and relevant design guidelines. (c) provide for a mix of commercial activity including restaurants, bars and residential development; and (d) encourage residential development within the Town Centre Zone compatible with commercial uses to enhance the safety, vitality and diversity of the Town Centre Zone.
The ‘Shop’ use is consistent with the above objectives for the ‘Town Centre Zone’. |
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3 |
Structure Plans / LDPs / Special Control Areas |
5.24 - 6.3 |
The subject site is located within the Chinatown Development Strategy (CDS) area. The following provisions of the CDS apply:
3.2.20 Town Centre
Chinatown is designated as the Town Centre, reflecting the intention that it be the main commercial centre for Broome. The Town Centre designation provides for retail, office, commercial, residential, social, recreational and community facilities. The conservation and promotion of the unique heritage, architecture, and aesthetics of the town centre is reinforced by the Chinatown Development Strategy and Design Guidelines.
The ‘Shop’ as proposed will contribute to the commercial activation of the town centre further to the provisions of the CDS. |
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4 |
Permissibility |
4.17-4.28 |
Cl.67 (a), (b) |
The development proposed on site represents a ‘Shop’ land use which is a ‘P’ land use in the zoning table, meaning that the use is permitted. |
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5 |
Orderly and Proper Planning |
LPS / Strategies |
Cl.67 (a), (b) |
Local Planning Strategy
The subject site is identified as a ‘Town Centre’ under the Local Planning Strategy. The Strategy provides the following strategic direction for development identified as ‘Town Centre’:
The development provides a community facility and is consistent with the Local Planning Strategy. |
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DEVELOPMENT |
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6 |
Site and Development Requirements |
4.32 Schedule 15, 5.5-5.23
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Cl.67 (a), (b) |
Clause 4.32.1 prescribes the following site and development requirements for the Town Centre zone:
4.32 Development in the Town Centre Zone
4.32.1 Site and Development Requirements: (a) All land use and development shall be consistent with the Chinatown Development Strategy and relevant design guidelines.
The application does not propose new development on-site and is therefore consistent with the site and development requirements of Schedule 15 of LPS 6. Additionally, the application is consistent with the objectives and design provisions of the CDS. |
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6.1 |
Setbacks |
Schedule 15 / CDS |
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6.2 |
Plot Ratio |
Schedule 15 / CDS |
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6.3 |
Site Coverage |
Schedule 15 / CDS |
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6.6 |
Density |
Schedule 15 / CDS |
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6.5 |
Landscaping |
5.14/Schedule 15 |
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6.5 |
Building Height |
5.11 |
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6.7 |
Car Parking |
5.7 |
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6.8 |
Service Areas |
5.8 |
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6.9 |
Noise |
5.9 |
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6.10 |
Architecture |
5.12 |
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6.11 |
Public Art |
LPP 8.20 |
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6.12 |
Access |
5.10 |
Cl.67 (s) |
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Compatibility |
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7 |
Compatibility, Amenity and Relationship with Adjoining Land |
Consider Site and Dev. requirements |
Cl.67 (m), (n) |
The subject site features an existing ‘Office’ on-site. The proposed development is consistent with a ‘Community Purpose’ and ‘Office’ land-use, both of which are ‘Permitted’ uses within the ‘Local Centre’ zone. The use as proposed is not expected to be of an intensity incompatible with adjoining residential areas. The development complies with all site and development requirements relating to built form, and on this basis is not expected to generate adverse impacts upon adjoining residential land from a ‘built form scale’ perspective. |
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8 |
Heritage |
Part 7 |
Cl.67 (k) |
The subject site is located within the State Heritage Listed Chinatown Conservation Area and was referred to the State Heritage Office for comment with no objections to the proposal received. |
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9 |
Cultural Significance |
Cl.67 (l) |
The subject site is not known to have any cultural significance and standard advice notes in this regard regarding the need to ensure compliance with the Aboriginal Heritage Act 1972 will be included in development approval. |
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10 |
Social Issues and Community Services |
Cl.67 (v), (x) |
The subject development is not considered likely to cause adverse social issues and, as detailed in the applicants rationale in support of the proposal; is likely to contribute to the activation of Sam Su Lane which in turn may assist towards deterring anti-social behaviour. |
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11 |
Natural Environment & Drainage |
Cl.67 (o) |
N/A |
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12 |
Natural Hazards
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Cl.67 (q) |
The subject site does not fall within an existing Flood Prone Land Special Control Area. Given the RL level of the site, is it not likely to be affected by inundation. |
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13 |
Access and Traffic |
Cl.67 (s)
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Complies. Existing vehicular access arrangements allowing vehicles to enter directly onto Short Street, or alternatively via Sam Su Lane or via the Broome Visitor Centre carpark. |
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14 |
Public Utilities |
Cl.67 (u) |
The site has adequate access to public utilities to support this development. |
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Consultation |
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15 |
Submissions & Anything Else |
9.4 |
Cl.67 (y) (zb) |
The application is a ‘P’ land use. In accordance with LPP 8.23 – Public Consultation – Planning Matters, the application does not require public consultation. |
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9.2.5 Draft Recreation Trails Masterplan and Recreation Trails marketing plan for the Shire of Broome townsite LOCATION/ADDRESS: Nil APPLICANT: Nil FILE: RFQ 16-26 AUTHOR: Club Development Officer CONTRIBUTOR/S: Nil RESPONSIBLE OFFICER: Deputy Chief Executive Officer/Director Community & Economic Development DISCLOSURE OF INTEREST: Nil DATE OF REPORT: 7 July 2016 |
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SUMMARY: This report presents the Draft Recreation Trails Masterplan for the Shire of Broome town site prepared by UDLA for Council’s consideration. The report recommends that the Masterplan and associated Marketing Plan be endorsed by Council for advertising to seek public comment and feedback. |
BACKGROUND
Previous Considerations
Nil
Over the past five years there have been a number of plans developed by the Shire of Broome that reference the need to provide improved connectivity between destinations across the town site. Among the documentation developed was the Shire of Broome’s Local Planning Strategy. The Strategy was adopted by the Western Australian Planning Commission in 2014. The Strategy considers future growth and sets out land use planning direction for the Shire over the next 10-15 years.
Section 2.4.9 – Open Space Strategy contains the following strategy action:
· Strategy 11: Provide for an integrated network of walkways and trails.
· Action: Develop a trails masterplan for the Shire.
An allocation of $15,000 was contained in the 2015/16 budget to develop a Trails Masterplan for the Broome townsite. In addition, $25,000 of funding was successfully sought from the Department of Sport and Recreation’s Lotterywest Trails Grant program in October 2015, resulting in an allocation of $40,000 for this project.
Funding was received in March 2016 and consultants were appointed in April with a focus on three key areas:
1. Outline a long term strategy for the development of pathways, tracks and trails to connect existing and proposed destinations including housing estates, schools, parks, key sporting, tourism, cultural and shopping destinations.
2. Identification of potential nodes and tracks to develop recreational activities including BMX, mountain bike and personal training, running and triathlon circuits.
3. Recommendations around marketing strategies to promote site/trails.
Council is now requested to consider endorsement of the Draft Recreation Trails Masterplan and Recreation Trails Marketing Plan for advertising for the seeking of public comment.
COMMENT
The attached documentation for Council’s consideration includes a Recreation Trails Masterplan for Shire-owned land within the Shire of Broome town site. This plan includes costings, a proposed staging plan, funding options and recommends priority projects.
A recreation trails marketing plan has also been developed. It is widely acknowledged good promotion of trails is an essential part of ensuring maximum usage. The document attached for Council’s consideration provides recommendations on how the Shire of Broome could best promote any potential trail.
The marketing plan provides examples of six key trails that have the potential to be created should relevant recommendations in the masterplan be actioned. Cost estimates have also been included. It is noted that three of the trails could be developed with minimal infrastructure costs, yet would have a positive impact on the community by improving connectivity between key recreational, commercial and cultural centres. These include a 6.5km Cable Beach to Chinatown trail, a 15km Neighbourhood Trail and a 5.5km Bay to Banu trail.
The strategies included in the document could be applied to any potential trail developed in future, and provides opportunity to include the community through the design and creation elements.
It is intended the Draft Recreation Trails Masterplan will be an informing strategy within the Integrated Planning and Reporting Framework. Council is due to undertake a full review of its Strategic Community Plan and Corporate Business Plan in 2016/17 and could consider including some of the identified priority projects for progression, subject to financial constraints.
CONSULTATION
Early in the process it was agreed that the project would focus on the Shire of Broome town site, and on land owned by the Shire of Broome. Any proposed developments on external land tenures were considered, with a view of providing opportunities to connect with them in future.
The first stage of the project focussed on reviewing related documentation including:
· Draft Cable Beach Development Strategy Part 1. (Shire of Broome 2016)
· Corporate Business Plan 2015-2019. (Shire of Broome 2015)
· Shire of Broome Framework for the development of sport and recreation facilities 2016-2025. (Shire of Broome 2015)
· It starts with you: Shire of Broome Youth Framework 2016-2018 Draft. (Shire of Broome 2015)
· Western Australian Mountain Bike Management Guidelines. (West Australian Mountain Bike Management Guidelines Working Group (2015)
· Broome Speedway and Motocross Relocation Study: Business Case and Masterplan. (AECOM and Cardno 2015)
· Sport Recreation and Leisure Plan (CCS Strategic 2014)
· Old Broome Development Strategy and Concept Plan for Town Beach and Conti Foreshore Part 1 (Cardno 2014)
· Shire of Broome Local Planning Strategy Part 1 and 2 (Shire of Broome endorsed by WAPC 2014)
· Long Term Financial Plan 2015-2030 (UHY Haines Norton Chartered Accountants 2014)
· Broome Coastal Reserves Master Plan (CCS, ASE and UDLA 2013)
· The Department of Environment and Conservation, Yawuru Conservation Parks DRAFT Recreation Masterplan, (DPaW for NBY 2013)
· Chinatown Development Strategy (Hassell 2012)
· Broome North District Development plan – Rev D (CODA 2010)
· Business Case for Broome Jetty to Jetty Roebuck Bay Coastal Walk (Hames Sharley 2014)
During the period 20 May 2016 to 27 May 2016 five workshops were held with key stakeholders including key Shire of Broome officers, Department of Sport and Recreation regional staff, Nyamba Buru Yawuru, Department of Parks and Wildlife, Landcorp, the Broome Museum and Broome Historical Society. A community workshop attracted 14 members of the public with a further 11 people providing comment via email.
The draft report is now presented to Council for consideration. It is proposed that should Council endorse the Plan for advertising, the Shire will directly advise workshop participants of the public submission period. The proposed key milestones to finalise the plan follow:
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Action |
Date |
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Recreation Trails Master Plan and Recreation Trails Marketing Plan presented to Council for endorsement and documents released for public comment for a period of four weeks |
28 July 2016
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Release the draft plan for public comment for a period of four weeks.
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4 August 2016 |
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Close public comment/consultation period.
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31 August 2016 |
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Feedback reviewed and considered and Consultants to present findings at Council workshop
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20 September 2016 |
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Recreation Trails Masterplan and Marketing Plan presented to Council for adoption.
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29 September 2016 |
STATUTORY ENVIRONMENT
Local Government Act 1995
Division 3 – Executive functions of local governments
Subdivision 1 -3.18 Performing executive functions
(3) A local government is to satisfy itself that services and facilities that it provides –
(a) integrate and coordinate, so far as practicable, with any provided by the Commonwealth, the State or any public body; and
(b) do not duplicate, to an extent that the local government considers inappropriate, services or facilities provided by the Commonwealth, the State or any other body or person, whether public or private: and
(c) are managed efficiently and effectively.
POLICY IMPLICATIONS
5.1.10 Community Engagement
FINANCIAL IMPLICATIONS
Implementation of the Recreation Trails Masterplan is not included in the current Long Term Financial Plan (LTFP). Should Council choose to endorse the plan it will become an informing strategy to be considered for incorporation into the LTFP when it is next reviewed.
The projects listed below are prioritised in order of importance for tracks and trails within the Broome town site however it should be noted that implementation of these projects will be dependant on the competing priorities from other capital/renewal items and will be subject to resource capability/allocation through the annual budget process.
Some of the projects are aligned to existing Shire plans including the Draft Cable Beach Development Strategy and the “Youth Precinct” concept contained within the BRAC masterplan.
The projects that are prioritised in the Masterplan as Stage 1, High Priority (0 – 5 years) are as follows:
Item
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Description |
Cost |
Type |
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1a
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Construct dual use pathway on east side of Gubinge Road |
$240,000 |
Upgrade |
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2a
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Construct dual use path on west side of Old Broome Highway cause way |
$170,000 |
New |
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5
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Masterplan BRAC to explore options for youth orientated facilities |
$30,000 |
- |
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7 |
Masterplan Cable Beach to include exercise equipment, bike racks and bicycle repair facilities |
$70,000 |
- |
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9
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Path upgrade – Clear and maintain path through the ECC, south of Banu Avenue |
$7,000 |
Upgrade |
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10 |
Repair damaged path and address drainage issues at end of Reid Road and Dakas Street |
$66,000 |
Renewal |
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11
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Install lights along path between cemetery and St Mary’s College |
$62,000 |
Upgrade |
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12a |
Install lights & trees on the north side of paths, south side of Sanctuary Road between Cable Beach Road West & Oryx Road |
$164,000 |
Upgrade |
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12b |
Shade trees on the north side of paths, south side of Sanctuary Road between Oryx Rd and Fairway Drive |
$20,000 |
Upgrade |
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21
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Add bike rack in China town |
$5,000 |
New |
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22
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Add bike rack and skateboard fixing station at BRAC skate park |
$28,000 |
New |
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23 |
Add bike rack, water fountain, bike fixing station and exercise equipment at BRAC ovals |
$50,000 |
New |
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24a
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Install exercise equipment at Surf Club end of Cable Beach |
$17,000 |
New |
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24b |
Install bike rack, water fountain, exercise equipment at Zanders end of Cable Beach |
$17,000 |
New |
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29
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Promote path network as per marketing plan attached |
- |
- |
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Total cost
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$946,000 |
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The Masterplan identifies external funding opportunities that exist and could potentially part fund a number of these priorities. Further investigation will be required upon completion of the masterplan to clarify these funding opportunities.
The masterplan also outlines costings for Stage 2 Medium Priority (5-10 years) and stage 3 Low Priority (10-15 years). These can be viewed on page 26 and 27 of the masterplan.
Funding Sources:
The Broome Recreation Trails Masterplan includes an extensive list of potential funding options that officers can investigate for projects seen as priorities. These can be viewed on page 31 of the Masterplan.
RISK
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Option |
Risk |
Risk Rating |
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1 |
Council endorse the draft Recreation Trails Masterplan |
Community expectation will be that there are sufficient funds available to implement the works/trails recommended. |
Low |
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2 |
Council do not endorse the draft Recreation Trails Masterplan. |
Shire of Broome has no planning around developing recreation track, trails and destinations nodes. |
High |
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Areas of town continue to be vulnerable to anti-social behaviour. |
High |
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STRATEGIC IMPLICATIONS
Our People Goal – Foster a community environment that is accessible, affordable, inclusive, healthy and safe:
Affordable services and initiatives to satisfy community need
Accessible and safe community spaces
Participation in recreational and leisure activity
A healthy and safe environment
Our Place Goal – Help to protect the nature and built environment and cultural heritage of Broome whilst recognising the unique sense of the place:
Realistic and sustainable land use strategies for the Shire within state and national frameworks and in consultation with the community
A unique natural environment for the benefit and enjoyment of current and future generations
A preserved, unique and significant historical and cultural heritage of Broome
Core asset management to optimise 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:
Effective community engagement
VOTING REQUIREMENTS
Simple Majority
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That Council receives the DRAFT Broome Recreational Trails Masterplan and DRAFT Broome Recreation Trails Marketing plan and requests the Chief Executive Officer to advertise the documents to seek community feedback for a period of four weeks and present any submissions to Council for future consideration.
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DRAFT Broome Recreational Trails Masterplan |
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DRAFT Broome Recreational Trails Marketing Plan |
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Item 9.2.5 - Draft Recreation Trails Masterplan and Recreation Trails marketing plan for the Shire of Broome townsite |
























































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Item 9.2.5 - Draft Recreation Trails Masterplan and Recreation Trails marketing plan for the Shire of Broome townsite |















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9.2.6 REVIEW OF LOCAL PLANNING POLICY 8.20 - PROVISION OF PUBLIC ART LOCATION/ADDRESS: Nil APPLICANT: Shire of Broome FILE: PLA91 AUTHOR: Statutory Planning Coordinator CONTRIBUTOR/S: Manager Community Development RESPONSIBLE OFFICER: Director Development Services DISCLOSURE OF INTEREST: Nil DATE OF REPORT: 12 July 2016 |
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SUMMARY: This report presents the outcome of a review of LPP 8.20 – Provision of Public Art (LPP 8.20). Following the review of LPP 8.20, it is recommended that Council adopt a minor amendment to the Policy which changes the amount of the required public art contribution from 1% of the estimated development cost to 0.5%. |
BACKGROUND
Previous Considerations
OMC 16 May 2013 Item 9.2.4
OMC 19 September 2013 Item 9.2.4
OMC 30 July 2015 Item 9.2.3
OMC 17 December 2015 Item 9.4.3
SMC 19 January 2016 Item 6.2.3
Background
LPP 8.20 was formally adopted by Council at the Ordinary Meeting of Council (OMC) on the 19 September 2013. More recently, LPP 8.20 was reviewed at the July 2015 OMC (as a part of the review of all Local Planning Policies following the gazettal of Local Planning Scheme No. 6) and the December 2015 OMC (as a part of the review of all Shire policies).
While some minor modifications were undertaken to LPP 8.20 at the July 2015 OMC, the policy has essentially remained unchanged since it was adopted in 2013. The modifications made at the July 2015 OMC were limited to:
- Amending Policy Statement 1.1 to allow for the contribution to be satisfied as either a monetary contribution or installation of public art work on-site or within proximity of the site (the previous version of LPP 8.20 emphasised that it should be a monetary contribution).
- Amending Policy Statement 1.2 to require the contribution to be ‘made’, as opposed to an invoice being issued.
- In response to the preparation of the ‘Guidelines for the Provision of Public Art’ by the Community Development Services Section, amending Policy Statement 1.3 to include criteria that must be satisfied if public art is proposed to be installed onsite or immediately adjacent to the site.
- Inclusion of a provision setting out that art built in accordance with LPP 8.20 is considered minor development and will not need development approval from the Shire.
No amendments were made to LPP 8.20 as a part of the Shire policy review presented to Council at the December 2015 OMC.
In response to Councillor concerns that LPP 8.20 may be onerous in the current economic climate, the policy was listed for consideration at the Special Meeting of Council on 19 January 2016. No amendments were made to LPP 8.20 at this meeting.
The Development Services Directorate is undergoing a review of all of its Policies, Local Planning Policies and Local Laws. As part of this review, workshops have been held with Council and discussions have occurred internally between Shire staff regarding the provisions of LPP 8.20.
This report provides an overview of the outcome of the review of LPP 8.20.
COMMENT
LPP 8.20 was developed in recognition of the capacity of art to connect people to place and to instil a sense of shared community. In general, it is understood that by fostering a sense of place and enhancing the character of an area, public art is able to play a role in contributing towards economic development. This is particularly relevant to Broome, where the attractiveness of place is inextricably linked to tourism numbers and associated investment.
As set out in the background section of LPP 8.20, the installation of public art helps achieve the following aim of Local Planning Scheme No. 6:
1.6.1 Place
(f) Safeguarding and enhancing the character and amenity of the built environment and urban spaces of the Scheme area.
The review of LPP 8.20 has involved reviewing other local government public art policies and also State Administrative Tribunal (SAT) determinations on this subject.
With regard to how other local governments have sought to fund public art, there are a number of different approaches, including:
- Percentage of rates: Some local governments levy a percentage of rates which then goes towards the project management and commission fees for the creation and installation of public art. Current practice has set this sort of levy in the vicinity of 0.75% to 1.0%.
- Percent for art contribution: Some local governments fund public art via a Percent for Art contribution policy, which secures contributions from a local government’s capital works towards the ongoing provision of public art in the region.
- Percent for art developer contributions: Such policies can be tailored to capture contributions from certain development likely in a region; i.e. local governments can define a threshold of development cost from where the policy becomes valid, the types of development covered by the policy and other factors which balance the desire to support economic growth within a region whilst maintaining funding for contributions to the cultural infrastructure of public art.
- Voluntary contributions via development incentives: Voluntary contributions are encouraged by some local governments through offering development incentives in return for a developer providing public art within their development. These planning incentives vary, depending on the planning requirements for a location, but may include increases in allowable building height, plot ratios, etc.
The table below shows the policies of other local governments in Western Australia (please note this does not cover all local governments which have public art policies, it is just a general overview):
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Local Government |
Policy Position |
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Subiaco |
Private developers of commercial and mixed use developments are expected to contribute to public art in accordance with estimated construction cost. The method of calculating the public art contribution is based upon the City’s Development Approval fee schedule as follows:
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Belmont |
Developments over the value of $4.5 million are required to provide 1% of the estimated development costs as a contribution. |
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Greater Geraldton |
The City allows for a voluntary contribution via development incentives – additional height bonuses are allowed if a 1% public art contribution is provided. This applies to the City Centre area only. |
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Albany |
Private developments involving commercial, non-residential or mixed residential/commercial development over the value of $1,500,000 are required to allocate 1% of the estimated total project costs for the development of public artwork. |
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Busselton |
All development proposals for multiple dwellings, grouped dwellings, mixed use, commercial, civic, institutional, educational projects or public works of a value greater than $1,000,000 are required to contribute 1% of the value as public art contribution. |
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Port Hedland |
Proposals with a value of more than $5 million must make a contribution up to a maximum contribution of $250,000. Any contribution in excess of $250,000 is considered a voluntary contribution. The policy applies to development proposed in the Town Centre, Commercial, Tourism, Mixed Business and Airport zones. |
As can be seen in the above table, the thresholds that apply to the making of a contribution and the amount of contribution vary. The type of development for which a contribution is required also varies.
The 1% contribution required in LPP 8.20 is generally consistent with the amount required by other local governments and is generally consistent with what the State government requires for its own capital work projects.
The threshold for making the public art contribution does vary across local governments, however the $2 million threshold in LPP 8.20 is generally consistent with the State Government’s threshold for when a project is required to contribute to public art.
The ability of a local government to lawfully implement a public art policy and whether it is reasonable and appropriate has been the subject of a previous review at SAT. In the case of Lavenda Pty Ltd & Anor and Town of Vincent [2006] WASAT 374, the applicant requested a review of a condition of development approval requiring a public art installation or contribution. In this case, SAT determined that the condition requiring the provision of public artwork at a minimum of 1% of the estimated cost of the development was lawful. Further, the Tribunal found that the condition fairly and reasonably related to the approved development because it arose from changes precipitated by the development, namely the introduction of commercial occupants and residents to the site. The Tribunal found that the occupants and residents will form part of the community and identity, of which the public art condition seeks to develop and promote. Furthermore, a public art contribution would benefit the amenity of the occupants and residents of the approved building. The fact that the conditions would also benefit the wider community did not make the conditions unlawful, unreasonable or inappropriate.
The above information demonstrates that it is reasonable, lawful and accepted practice for local governments to have policies that require developments to contribute to public art. That being said, there is no compulsion on a local government to have a policy requiring a public art contributions for developments.
Overall, Officers consider the current provisions of LPP 8.20 to be sound and of merit.
Council has expressed concern that the provisions of LPP 8.20 are onerous given the current economic climate. These concerns have been taken into account in the review of LPP 8.20 and following this review, the following recommendations are made:
· LPP 8.20 should continue to apply to all development except for the existing exclusions in the policy (development in non-urban zones, single house, less than 10 grouped or multiple dwellings, development with a gross lettable area of less than 500m2). This is due to the need to ensure a viable amount of contribution can be collected. Further, modern urban planning has moved away from the presumption that industrial development and industrial estates should be unattractive and of low amenity value. There is a move towards improving the visual amenity of industrial development for those entering an industrial area, workers in an industrial area and persons viewing an industrial area while passing by. Therefore, it is considered appropriate to require a contribution towards public art from industrial development.
· The $2 million total construction cost threshold is considered fair and reasonable and should remain as it is. Increasing this threshold would significantly reduce the ability of the Shire to accumulate development contributions and therefore fund public art.
· Contributions under LPP 8.20 should not be capped at a certain amount, as this is considered inequitable and benefits only proponents undertaking higher value development.
· Taking into consideration the current economic climate in the Shire, Officers consider it reasonable for Council to consider making a minor amendment to LPP 8.20 to reduce the contribution required from 1% to 0.5% of the estimated total construction cost. This will require the minor amendment of the text in Policy Statement 1.1 of LPP 8.20, as follows:
1.1 Development
is required to contribute an amount equal in value to one per cent (1%) half
of a percent (0.5%) of the estimated total construction cost as indicated
on the form of Application for Planning Approval, for the development of public
art works to enhance the public realm. The contribution can be a monetary
amount or the installation of a public art work on the site of the development
or within a crown reserve adjoining or near to the development site.
This suggested amendment would have the effect of halving the amount of contribution that would be required for a development. This is considered to be reasonable and achieve a balance between facilitating economic development and public art outcomes in Broome.
Additional minor changes to LPP 8.20 are proposed to update the policy so it is consistent with the newly introduced Deemed Provisions in the Planning and Development (Local Planning Schemes) Regulations 2015.
CONSULTATION
Consultation has been undertaken internally with staff and with Council at Council workshops.
As the suggested amendments are minor, it is not recommended that the proposed amendments be subject to public consultation in accordance with clause 5(2) in Schedule 2 (Deemed provisions for local planning schemes) of the Planning and Development (Local Planning Schemes) Regulations 2015.
STATUTORY ENVIRONMENT
Planning and Development Act 2005
Planning and Development (Local Planning Schemes) Regulations 2015
Schedule 2 – Deemed provisions for local planning Schemes
3. Local planning policies
(1) The local government may prepare a local planning policy in respect of any matter related to the planning and development of the Scheme area.
(2) A local planning policy —
(a) may apply generally or in respect of a particular class or classes of matters specified in the policy; and
(b) may apply to the whole of the Scheme area or to part or parts of the Scheme area specified in the policy.
(3) A local planning policy must be based on sound town planning principles and may address either strategic or operational considerations in relation to the matters to which the policy applies.
(4) The local government may amend or repeal a local planning policy.
(5) In making a determination under this Scheme the local government must have regard to each relevant local planning policy to the extent that the policy is consistent with this Scheme.
4. Procedure for making local planning policy
(1) If the local government resolves to prepare a local planning policy the local government must, unless the Commission otherwise agrees, advertise the proposed policy as follows —
(a) publish a notice of the proposed policy in a newspaper circulating in the Scheme area, giving details of —
(i) the subject and nature of the proposed policy; and
(ii) the objectives of the proposed policy; and
(iii) where the proposed policy may be inspected; and
(iv) to whom, in what form and during what period submissions in relation to the proposed policy may be made;
(b) if, in the opinion of the local government, the policy is inconsistent with any State planning policy, give notice of the proposed policy to the Commission;
(c) give notice of the proposed policy in any other way and carry out any other consultation the local government considers appropriate.
(2) The period for making submissions in relation to a local planning policy must not be less than a period of 21 days commencing on the day on which the notice of the policy is published under subclause (1)(a).
(3) After the expiry of the period within which submissions may be made, the local government must —
(a) review the proposed policy in the light of any submissions made; and
(b) resolve to —
(i) proceed with the policy without modification; or
(ii) proceed with the policy with modification; or
(iii) not to proceed with the policy.
(4) If the local government resolves to proceed with the policy, the local government must publish notice of the policy in a newspaper circulating in the Scheme area.
(5) A policy has effect on publication of a notice under subclause (4).
(6) The local government —
(a) must ensure that an up-to-date copy of each local planning policy made under this Scheme is kept and made available for public inspection during business hours at the offices of the local government; and
(b) may publish a copy of each of those local planning policies on the website of the local government.
5. Procedure for amending local planning policy
(1) Clause 4, with any necessary changes, applies to the amendment to a local planning policy.
(2) Despite subclause (1), the local government may make an amendment to a local planning policy without advertising the amendment if, in the opinion of the local government, the amendment is a minor amendment.
6. Revocation of local planning policy
A local planning policy may be revoked —
(a) by a subsequent local planning policy that —
(i) is prepared in accordance with this Part; and
(ii) expressly revokes the local planning policy;
Or
(b) by a notice of revocation —
(i) prepared by the local government; and
(ii) published in a newspaper circulating in the Scheme area.
POLICY IMPLICATIONS
Nil.
FINANCIAL IMPLICATIONS
A review of Development Approvals granted since the adoption of LPP 8.20 shows that seven development applications have been approved requiring the provision of a contribution towards public art, which are detailed in the table below:
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Date of Approval |
Application Reference |
Applicant |
Contribution Amount |
Paid |
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8 August 2013 |
2013/240 |
MI Australia |
$125,000 |
Yes |
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24 April 2014 |
2014/33 |
H&M Tracey Construction |
$29,155 |
Yes |
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25 June 2015 |
2010/170 |
Concept Building Designs |
$160,000 |
No |
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30 July 2015 |
2015/69 |
H&M Tracey Construction |
$26,400 |
No |
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4 November 2015 |
2015/110 |
Seaview WA |
$20,000 |
No |
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4 March 2016 |
2015/124 |
Laird Tran Studio |
$70,000 |
No |
|
5 July 2016 |
2016/56 |
Shire of Broome |
$64,000 |
No |
To date, two of these development approvals have resulted in the payment of a contribution, totalling $154,155.
Five of the abovementioned development have not yet progressed to occupation and therefore the contributions for these approvals have not been received. If these developments progress to occupation, either a cash contribution of $340,400 will be paid to the Shire or public art of an equivalent amount would be installed by the developers (note that application 2010/170 is unlikely to progress to construction and the Shire has recently received advice that 2015/124 is likely to be amended resulting in a reduced estimated development cost).
There could be financial implications if Council supports the amendment proposed to LPP 8.20. Essentially, the amount of future contributions likely to be received would be halved. Further, existing approvals that have not progressed to occupation (and therefore have not paid the contribution) may seek an amendment to the approval so that the public art contribution amount is changed consistent with the amended policy.
RISK
Should Council seek to amend LPP 8.20, then applicants may seek to amend their Development Approvals to reduce the public art contribution amount.
STRATEGIC IMPLICATIONS
Our Place Goal – Help to protect the nature and built environment and cultural heritage of Broome whilst recognising the unique sense of the place:
A built environment that reflects arid tropical climate design principles and historical built form
A unique natural environment for the benefit and enjoyment of current and future generations
A preserved, unique and significant historical and cultural heritage of Broome
Retention and expansion of Broome’s iconic tourism assets and reputation
VOTING REQUIREMENTS
Simple Majority
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That Council: 1. Pursuant to Clause 3(4) and Clause 5(2) of Schedule 2 (Deemed provisions for local planning Schemes) in the Planning and Development (Local Planning Schemes) Regulation 2015, amend Local Planning Policy 8.20 – Provision of Public Art as shown in Attachment No 1; 2. Pursuant to Clause 5(2) of Schedule 2 (Deemed provisions for local planning Schemes) in the Planning and Development (Local Planning Schemes) Regulation 2015, forms the opinion that the amendment to Local Planning Policy 8.20 – Provision of Public Art as shown in Attachment No 1 is a minor amendment and therefore does not need to be advertised; and 3. Requests that the Chief Executive Officer publish notice of the amendment to Local Planning Policy 8.20 – Provision of Public Art in a newspaper circulating in the Local Planning Scheme area. |
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Attachment No 1 - LPP 8.20 Provision of Public Art |
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Item 9.2.6 - REVIEW OF LOCAL PLANNING POLICY 8.20 - PROVISION OF PUBLIC ART |
LOCAL PLANNING POLICY 8.20
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TITLE: |
PROVISION OF PUBLIC ART |
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ADOPTED: |
OCM 19 September 2013 – Page 51 - 55 |
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REVIEWED: |
OMC 30 July 2015 – Pages 28 – 40 OMC 17 December 2015 – Pages 110 – 121 SMC 19 January 2016 – Pages 12 - 16 |
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ASSOCIATED LEGISLATION: |
Planning and Development Act 2005
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ASSOCIATED DOCUMENTS: |
Chinatown Development Strategy
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REVIEW RESPONSIBILITY: |
Director Development Services |
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DELEGATION:
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Delegations are exercised in accordance with delegation granted in terms of Section 5.42 of the Local Government Act 1995 as amended or other statutes as applicable to specified officers. |
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APPLICATION |
This policy applies to the LPS6 area |
Previous Policy Number N/A
Background
Art can provide an important role in connecting people to place and providing a reflection and interpretation of the uniqueness of their culture and history. It can be a positive visual reminder of the sense of shared community. It may also enhance the attractiveness and cultural significant of a place and encourage further investment on the local economy. The installation of public art helps achieve the following aim of Local Planning Scheme No. 6:
1.6.1. Place
(f) Safeguarding and enhancing the character and amenity of the built environment and urban spaces of the Scheme area.
In order to ensure that new development or redevelopment celebrates and enhances local history and culture and promotes a sense of identity it is considered appropriate for significant development proposals to make a contribution to public art within Broome. This contribution is to be made based on the following policy provisions and the Shire of Broome ‘Art Concept Plan’ and ‘Guidelines for Contribution to Public Art’
Policy Objectives
· To set out the criteria for when development is to contribute a percentage of the development cost to the provision of public art whether in a cash contribution or public art work.
· Ensure that new development within the Broome town site makes a fair and reasonable contribution toward public artworks that promote and recognise Broome’s rich culture, heritage and history.
· Enhance the sense of place and promotion of identity by providing an interpretation and expression of the area’s natural physical characteristics, culture and history.
· Improve legibility and visual amenity of streets, open spaces and buildings, and
· Improve the functionality of the public domain through the use of public art to provide appropriate street furniture functions.
Definitions:
‘Construction Cost’
means the construction cost of development as stated by the Applicant on the
Application for Planning Development Approval
form as the ‘approximate cost of proposed development‘
‘Development’ has the same meaning given to the term in and for the purposes of the Planning and Development Act 2005 and applies to any such development, that in accordance with the Shire of Broome Local Planning Scheme No 6, requires the prior approval of the Shire.
‘Public Art’ means an artistic work that:
1. Is permanent in nature and constructed of materials which may be maintained and repaired if necessary, including metal, wood, plastic, paint or any other durable material.
2. Is either freestanding or integrated into the exterior of a building or other structure.
3. Reflects the local history, culture and /or community of the Place Area in which it is to be located.
4. Is created and located for public accessibility, either within the public realm or which in view of the public realm, such as a street, park, urban plaza (area) or public building, and
5. May take the form of unique functional objects designed by an artist (such as seats or gates), but may not include architectural design, advertising or directional signage or any form of commercial branding.
Exemptions
1.0 This policy applies to all development within LPS6 with the exception of:
a) Any development within the ‘General Agriculture’, ‘Rural Residential’, ‘Rural Small Holdings’, ‘Settlement’ and ‘Culture and Natural Resources’ zones.
b) A development of a single house or less than 10 grouped or multiple dwellings.
c) Any development with a gross lettable area of less than five hundred (500) square metres.
d) Any other type of development with an estimated total construction cost of less than two million dollars ($2,000,000).
Policy Statement:
1.1 Development is required to contribute
an amount equal in value to one per cent (1%) half
of a percent (0.5%) of the estimated total construction cost as
indicated on the form of Application for Planning Development Approval, for the development of public
art works to enhance the public realm. The contribution can be a monetary
amount or the installation of a public art work on the site of the development
or within a crown reserve adjoining or near to the development site.
1.2 The contribution requirement shall be
imposed on applicable development as a condition on the Planning Development Approval. The condition shall specify that
the contribution must be made prior to occupation of the development.
1.3 A monetary contribution made under clause 1.2 shall be paid into a special fund to be used by the Shire of Broome for the purpose of providing public art within the general locality or area of the subject site. Individual funds contributed may be accrued for more comprehensive or detailed public art projects in the locality or area as outlined in a plan adopted by the Council. Funds contributed may be used to meet any cost reasonably associated with the scoping, commissioning, fabrication, installation and identification of a public art work and the engagement of the community in the preparation of an art work.
1.4 Where a development incorporates public art work(s) to the same value as specified in clause 1.1 on the site of the development or within a crown reserve adjoining or near the development site, the public art work(s) must be:
a) Located in a position clearly visible to the general public;
b) Developed in accordance with a Public Art Report endorsed by the Shire incorporating all relevant information set out in the Shire’s ‘Guidelines for the Provision of Public Art’; and
c) Installed prior to the occupation of the development.
1.5 If the public art is to be located on the site of the development, in addition to the above, the public art work must remain on the site as a permanent fixture. The landowner’s responsibility for the continuance of the public art work is to be formalised through a notification on the Certificate of Title under section 70A of the Transfer of Land Act in a form acceptable to the Shire.
1.6 Public art installed in accordance
with clause 1.4 is considered ‘minor development’ and is therefore
exempt from requiring a further Planning Development
Approval from the Shire.
SHIRE OF BROOME LOCAL PLANNING SCHEME No. 6 (LPS6) – LOCAL PLANNING POLICIES
This Policy is a Local Planning
Policy adopted under the provisions of Clause 2.4 of pursuant to Part 2 clause 4 of the deemed provisions of LPS6.
LPS6 is administered by the Shire of Broome as the responsible authority under
the Scheme. LPS6 was gazetted and came into operation on the 30 January 2015.
Planning policies adopted under
LPS6 may be amended or rescinded after the procedures set out in Clause 2.4
and 2.5 Part 2 clause 5 & 6 of the deemed
provisions of LPS6 have been completed.
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9.2.7 Recreational Boating Facilities Funding Agreement - Town Beach Boat Ramp Flexmats Study LOCATION/ADDRESS: Reserve 31340 APPLICANT: Nil FILE: RES 31340 AUTHOR: Development and Subdivision Engineer CONTRIBUTOR/S: Nil RESPONSIBLE OFFICER: Chief Executive Officer DISCLOSURE OF INTEREST: Nil DATE OF REPORT: 19 July 2016 |
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SUMMARY: The Shire of Broome has been granted $40,000 for a Town Beach Boat Ramp Flexmats Study in the latest round of Recreational Boating Facilities Scheme (RBFS) grants managed by the Department of Transport. This report recommends that the Common Seal be affixed to the funding agreement between the Minister for Transport and the Shire of Broome and income and expenditure accounts be created in the 2016/17 budget. |
BACKGROUND
The Shire of Broome previously received funding in Round 18 of the Recreational Boating Facilities Scheme (RBFS) for upgrades to the Town Beach boat ramp, which was completed in the 2014/2015 financial year.
The project delivered a ramp that was more resilient to local weather conditions and provided safer launching facilities for recreational boat users to access the waters of Broome.
COMMENT
Further improvements to the Town Beach boat ramp have been investigated, to provide recreational boat users with a launching option protected from adverse swell conditions at a larger range of tide levels.
Flexmats are flexible concrete block mattresses that can be placed in adverse environmental conditions, both onshore and offshore. Flexmats are fast to install, have long-term durability in seawater, have a broom-finish anti-slip roughness (minimising public liability risk in boat ramp applications) and are low maintenance.
Flexmats have been investigated to be installed as an extension to the existing Town Beach boat ramp under a RBFS Works grant, at an estimated cost of $322,000. An application for the installation of flexmats was submitted for Round 20 of the Recreational Boating Facilities Scheme.
Attachment 1: Concept Plan of Flexmat Extension at Town Beach Boat Ramp
The Minister for Transport has advised that the Shire has been successful for a planning grant to initially undertake a study into the installation of flexmats at Town Beach, with a revised project cost of $53,334 of which 75% ($40,000) will be funded through the RBFS and 25% ($13,334) will be required to be funded by the Shire.
Whilst the scope of the project has been changed from a works project to a planning project, undertaking a study to support the flexmat extension will provide a strong basis to obtain works funding in future RBFS grant rounds.
CONSULTATION
The Department of Transport have been consulted during the grant application process, and assisted in determining that the flexmat extension at Town Beach boat ramp would be the most likely project to be recommended for grant funding when compared to other proposals such as additional boat trailer parking at Town Beach or upgrade to Catalina’s Boat Ramp (which is currently unlicensed and ineligible for RBFS funding).
STATUTORY ENVIRONMENT
Local Government Act 1995
Section 6.8 Expenditure from municipal fund not included in annual budget
1. A local government is not to incur expenditure from its municipal fund for an additional purpose except where the expenditure –
a. is incurred in a financial year before the adoption of the annual budget by the local government; or
b. is authorised in advance by resolution*; or
c. is authorised in advance by the mayor or president in an emergency
* Absolute majority required
POLICY IMPLICATIONS
1.1.1 Application of Common Seal
Council must resolve that the Common Seal of the Shire of Broome is affixed in order for the funding agreement to be engrossed.
FINANCIAL IMPLICATIONS
Funds are available in Account 143038 – Consultants Engineering Office for the required $13,334 Shire contribution to the study.
As no physical works are proposed, there are no ongoing maintenance impacts to consider at this stage. However, it is noted flexmats have been used in other coastal areas and have been proven to be relatively low maintenance. Ongoing maintenance would also be further investigated as part of the proposed study.
Funding Source: Town Beach Boat Ramp Flexmats Study
|
Funding Type |
Capital or Start Up Expense |
Life Cycle Costs (Annual) |
Funding Details (eg RLCIP) |
Account Number |
|
|
Cost $ |
*Cost Type |
||||
|
Grant |
$40,000 |
- |
- |
RBFS |
- |
|
Budget |
$13,334 |
- |
- |
Budget |
143038 |
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|
|
|
|
|
|
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TOTAL |
$53,334 |
- |
- |
- |
- |
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*Cost Type – Asset: New, Upgrade, Renewal, Maintenance, Operating. Service: Start up and Operating |
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RISK
If the funding agreement is not engrossed by the Shire of Broome, the funds made available by the Department of Transport for 2016/17 will not be administered to the Shire, and there is a high risk that it could affect further funding opportunities.
The risk of undertaking the study is low, as no physical works will be undertaken and the scope of the study can be well defined. By undertaking the study in advance of potential future works, any risks associated with undertaking the installation of the flexmats can be identified, quantified and addressed well in advance.
STRATEGIC IMPLICATIONS
Our People Goal – Foster a community environment that is accessible, affordable, inclusive, healthy and safe:
Accessible and safe community spaces
Our Place Goal – Help to protect the nature and built environment and cultural heritage of Broome whilst recognising the unique sense of the place:
Core asset management to optimise 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
VOTING REQUIREMENTS
Absolute Majority
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That Council: 1. Endorses the proposed Town Beach Boat Ramp Flexmats Study. 2. Approves the affixation of the Common Seal of the Shire of Broome to the Funding Agreement between the Minister for Transport and the Shire of Broome for the Town Beach Boat Ramp Flexmats Study and authorises the Shire President and Chief Executive Officer to engross all documentation as required. 3. Creates income and expenditure accounts with its 2016-17 Budget for $53,334 for the Town Beach Flexmats Study. (Absolute Majority Required) |
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Concept Plan of Flexmat Extension at Town Beach Boat Ramp |
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Item 9.2.7 - Recreational Boating Facilities Funding Agreement - Town Beach Boat Ramp Flexmats Study |
9.3

PRIORITY STATEMENT
Our region has grown significantly over the past years in terms of population, economy and industry – this will continue! Balancing ecological sustainability with economic growth and retaining the ‘look and feel’ of Broome and its environs are an ongoing challenge for the region. Encouraging appropriate investment and business development opportunities to ensure a strong, diverse economic base is essential for community prosperity and the success of our future generations.
Focusing on developing clear pathways linking education with employment for our youth and the community at large is essential as we aim to retain our local people and continue to build a skilled and highly motivated workforce.
Business and Industry partnerships must be fostered to ensure sustainable economic growth is achieved, along with the provision of affordable and equitable services and infrastructure. Ensuring development meets community needs and legislative requirements whilst creating close community relationships and enhancing our understanding of local heritage and cultural issues will continue to be a major focus. The built environment must contribute to the economy, long term viability of the region and provide a quality lifestyle for all.
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9.3.1 REQUEST FOR BUDGET AMENDMENT TO REFLECT CHINATOWN REVITALISATION INCOME AND EXPENDITURE FOR FIRST QUARTER LOCATION/ADDRESS: Nil APPLICANT: Nil FILE: PLA94 AUTHOR: Manager Community Development CONTRIBUTOR/S: Nil RESPONSIBLE OFFICER: Deputy Chief Executive Officer/Director Community & Economic Development DISCLOSURE OF INTEREST: Nil DATE OF REPORT: 8 July 2016 |
|
SUMMARY: Following signing of the Financial Assistance Agreement for the Chinatown Revitalisation Project, this report seeks Council’s adoption of a budget amendment to reflect income and expenditure for this project in the first quarter of the financial year. |
BACKGROUND
Previous Considerations
OMC 26 June 2014 Item 9.3.1
OMC 30 April 2015 Item 9.2.7
OMC 2 June 2015 Item 9.2.5
OMC 27 August 2015 Item 9.3.1
OMC 26 November 2015 Item 9.4.5
SMC 17 June 2016 Item 6.2.1
At the Special Council Meeting held on 17 June 2016, Council resolved the following;
|
Council Resolution: (Report Recommendation) Moved: Cr B Rudeforth Seconded: Cr H Tracey That Council: 1. Thanks the State of Western Australia for the $10 million grant funding for the Chinatown Revitalisation Project. 2. Thanks Tourism Western Australia for confirmation for the Tourism Demand Driver Infrastructure Grant of $300,000 to be applied towards the Frederick Street/Dampier Terrace Lookout Facility, which forms part of the Chinatown Revitalisation Project. 3. Endorses the Draft Financial Assistance Agreement with the Department of Regional Development and authorises the Shire President and Chief Executive Officer to engross the final documentation as required. 4. Endorses the updated Memorandum of Understanding between the Shire of Broome, Landcorp and Kimberley Development Commission and authorises the Shire President and Chief Executive Officer to engross the documentation as required. 5. Endorses the Chinatown Revitalisation Steering Group Terms of Reference and Governance structure and appoints the Chief Executive Officer to be the Shire’s representative on this group. 6. Requests the Chief Executive Officer to: (a) Allocate $1.7 million dollars over the 2016/17 and 2017/18 financial years to the Chinatown Revitalisation Project. (b) Commence procurement of the relevant consultancies together with the project collaborative group in line with the project documentation. (c) Ensure incentives are included within project tender specifications to encourage submissions from and/or involvement of local businesses where appropriate. (d) Provide six monthly updates on the project for Council’s information. CARRIED UNANIMOUSLY 7/0 |
Following engrossing of the Financial Assistance Agreement (FAA), an amount of $10 million was deposited into the Shire’s account. These funds were then deposited to a Western Australian Treasury Corporation Account until the amounts are expended following the project milestone achievements set out in the agreement.
Given that confirmation of the funding was received after the finalisation of the budget process, this project was not included in the 2016/17 budget adopted by Council on 30 June 2016. This report seeks Council’s adoption of a budget amendment to reflect the drawdown payments and expenditure to be incurred during the first quarter of the 2016/17 financial year.
Further amendments will be requested as part of the quarterly Financial and Costings Review process once detailed plans and budgets are developed for each individual sub-project.
COMMENT
The FAA between the WA Department of Regional Development (DRD) and the Shire of Broome provides an investment of $10 million by the State for the delivery of the following projects.
|
Item of Expenditure |
Budget |
Source of Funds |
|
Grey Street Extension Feasibility & Technical Studies |
$1,000,000 |
Royalties for Regions ($745,000) Shire of Broome ($255,000) |
|
Roebuck Bay Reconnection and Coastal Protection Feasibility |
$1,000,000 |
Royalties for Regions ($855,000) Shire of Broome ($145,000) |
|
Cultural Centre Feasibility |
$750,000 |
Royalties for Regions |
|
Dampier Terrace Renovation |
$3,800,000 |
Royalties for Regions |
|
Carnarvon Street Upgrades |
$2,725,000 |
Royalties for Regions |
|
Frederick Street Lookout |
$900,000 |
Shire of Broome ($600,000) Tourism WA ($300,000) |
|
Tourist Rest Facilities |
$700,000 |
Shire of Broome |
|
Connection of Dampier Terrace and Terrace Street |
$600,000 |
Shire of Broome ($300,000) Tourism WA ($300,000) |
|
Enhanced laneways strategy and funding program |
$290,000 |
Royalties for Regions |
|
Chinatown Commercial Liaison Officer (over 2 years) and funding program |
$600,000 |
Royalties for Regions |
|
Administration/Audits/Reporting |
$235,000 |
Royalties for Regions |
|
Total Budget |
$12,600,000 |
|
These projects have been scheduled across two years and drawdowns of grant monies are scheduled in accordance with agreed milestones. The first of these milestones is the signing and return of the FAA which has triggered a milestone payment of $500,000. The next milestone payment is due in December 2016 upon finalisation of project plans for all ten sub-projects. This will provide the level of detail required for a further budget amendment to recognise the income and expenditure for these projects.
The first items of expenditure to be incurred in 2016/17 in accordance with the adopted Business Case and the FAA are the recruitment of a Chinatown Investment and Development Coordinator and the engagement of a Project Director consultancy.
The recruitment of Chinatown Investment and Development Coordinator will be undertaken by the Shire. This role was endorsed pending grant funding as part of the organisational structure during the adoption of the 2016/17 budget. The key responsibilities of the role will be to;
· Develop a two year business plan outlining a program of activities and events for the activation of Chinatown.
· Maintain effective and co-operative communications with traders, land owners and other key stakeholders in Chinatown.
· Provide a central point of communication for consultants engaged to undertake, manage and/or facilitate sub-projects.
· Develop strategies to encourage commercial tenant attraction and engagement, and facilitate and realise investment in Chinatown.
· Project manage/coordinate activation events, small capital projects and promotional activities in Chinatown.
· Facilitate an ongoing programme of events, place activation and branding for Chinatown.
The Project Director will be engaged by LandCorp in accordance with the Procurement Plan for the Chinatown Revitalisation Project. LandCorp will engage one or two Project Management Consultancy firms to lead a team of specialist consultants to deliver the feasibility studies and/or design and construction projects detailed in the Chinatown Revitalisation Business Case.
This report seeks Council’s adoption of a budget amendment in order to authorise expenditure related to these items during the first quarter of the 2016/17 financial year.
CONSULTATION
LandCorp
Kimberley Development Commission
Department of Regional Development
STATUTORY ENVIRONMENT
Local Government Act 1995
Part 6 — Financial management
Division 4 — General financial provisions
6.8. Expenditure from municipal fund not included in annual budget
(1) A local government is not to incur expenditure from its municipal fund for an additional purpose except where the expenditure —
(a) is incurred in a financial year before the adoption of the annual budget by the local government; or
(b) is authorised in advance by resolution*; or
(c) is authorised in advance by the mayor or president in an emergency.
* Absolute majority required.
(1a) In subsection (1) —
additional purpose means a purpose for which no expenditure estimate is included in the local government’s annual budget.
POLICY IMPLICATIONS
Policy 2.1.1 Materiality in Financial Reporting
FINANCIAL IMPLICATIONS
The table below outlines start up costs and initial operational costs anticipated to be incurred during the first quarter of the financial year. It also includes the first milestone payment expected to be drawn down in accordance with the FAA.
|
Chinatown Revitalisation |
Income |
Expense |
Remarks |
Account Number |
|
Salary – Op Exp |
|
$82,000 |
Chinatown Investment & Development Coordinator |
1367201 |
|
Other employment costs |
|
$2,400 |
Phone, FBT, Workers Compensation |
1367204 |
|
|
$7,750 |
Superannuation |
1367202 |
|
|
Plant operating costs |
|
$4,000 |
Fuel, servicing |
1367215 |
|
Start-up costs |
|
$16,000 |
Vehicle |
1367215 |
|
Operational |
|
$387,850 |
Program costs, Project Director fees etc. |
1367211 |
|
Royalties for Regions Grant |
$500,000 |
|
First milestone drawdown |
1367301 (operating only) |
|
TOTAL |
$500,000 |
$500,000 |
|
|
RISK
As outlined in a previous report to Council there are a number of risks associated with a project of this size, particularly given the breath of obligations that have been imposed on the Shire in respect of the grant funding. However, Officers propose that strong community and stakeholder engagement and a robust governance structure can be seen as effective mitigation of those risks.
This report is in itself a risk mitigation strategy. Should officers be unable to progress with the recruitment and engagement of the resources required, there is a risk that the Shire will be unable to meet its obligations under the FAA.
STRATEGIC IMPLICATIONS
Our People Goal – Foster a community environment that is accessible, affordable, inclusive, healthy and safe:
Effective communication
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
Improved systems, processes and compliance
VOTING REQUIREMENTS
Absolute Majority
|
That Council: 1. Notes the milestone grant drawdown of $500,000 and the associated expenditure under the Financial Assistance Agreement for the Chinatown Revitalisation Project expected during the first quarter of the financial year. 2. Requests the Chief Executive Officer to amend the 2016/17 Budget to reflect this additional income and expenditure as follows:
3. Notes that further budget amendments will be requested through the quarterly Financial and Costing Review process to account for the additional income expenditure related to this project once detailed project plans have been developed. (Absolute Majority Required) |
9.4

PRIORITY STATEMENT
Council will strive to create an environment where local governance is delivered in an open and accountable manner; where we provide leadership to the region in such areas as planning and financial management; where the community has the opportunity to contribute to the Council’s decision making thereby fostering ownership of strategies and initiatives.
In delivering open, accountable and inclusive governance, we will be ever mindful that we operate within a highly regulated environment that requires a high level of compliance.
Council will strive to be the conduit between the other spheres of government and the community, translating State and Federal law, policy and practice into customer focussed, on ground service delivery that support’s Broome’s unique lifestyle.
The Region is experiencing significant change with Council dedicated to sound governance, effective leadership and innovation, and high quality services. Building organisational capacity is a priority with a commitment to delivering services to the community in a sustainable, effective and accountable way.
|
9.4.1 MONTHLY PAYMENT LISTING - JUNE 2016 LOCATION/ADDRESS: Nil APPLICANT: Nil FILE: FRE02 AUTHOR: Finance Officer CONTRIBUTOR/S: Nil RESPONSIBLE OFFICER: Acting Director Corporate Services DISCLOSURE OF INTEREST: Nil DATE OF REPORT: 14 July 2016 |
|
SUMMARY: This report recommends that Council adopts the list of payments made under delegated authority, as per the attachment to this report for the month of June 2016. |
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 2016.
CONSULTATION
Nil
STATUTORY ENVIRONMENT
Local Government (Financial Management) Regulations 1996
13. Lists of accounts
(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;
(c) the date of the payment; and
(d) sufficient information to identify the transaction.
(3) A list prepared under sub regulation (1) 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.
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 & 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
|
That Council records the accounts as paid under delegated authority for June 2016, totalling $5,967,073.90 as attached, covering:
· EFT Vouchers 35861 – 36376 totalling $5,328,785.28; · Municipal Cheque Vouchers 57407– 57410 totalling $27,170.15; · Trust Cheque Vouchers 3415 totalling $12,650.34 and; · Municipal Direct Debits DD20369.5– DD20671.3 totalling $598,468.13.
|
|
Payment listing June 2016 |
|
Item 9.4.1 - MONTHLY PAYMENT LISTING - JUNE 2016 |
|
Part 5. Division 4. Section 5.42 Delegation of some powers to CEO. Sub Section Finance Management Regulation 12. |
|||||
|
Each payment must show on a list the payees name, the amount of the payment, the date of the payment and sufficient |
|||||
|
information to identify the transaction |
|||||
|
This report incorporates the Delegation of Authority (Administration Regulation 19) |
|||||
|
PAYMENTS BY EFT & CHEQUE AND FROM TRUST - JUNE 2016 |
|
||||
|
MUNICIPAL ELECTRONIC TRANSFER - JUNE 2016 |
|
||||
|
EFT |
Date |
Name |
Description |
Amount |
Del Auth |
|
EFT35861 |
02/06/2016 |
WESTERN AUSTRALIAN TREASURY CORPORATION |
Loan No. 194 Fixed Component - BRAC Oval Pavilion |
$63,442.38 |
MFS |
|
EFT35862 |
02/06/2016 |
AVERY AIRCONDITIONING PTY LTD |
Air conditioning maintenance- Various Shire sites |
$15,288.91 |
MFS |
|
EFT35863 |
02/06/2016 |
BARRELLS SURF N FITNESS |
General operating expenses - Swim Areas & Beach Lifeguard |
$912.85 |
MFS |
|
EFT35864 |
02/06/2016 |
BK SIGNS (HALLIDAY ENTERPRISES PTY LTD) |
Program annual events- BRAC |
$66.00 |
MFS |
|
EFT35865 |
02/06/2016 |
BOC LIMITED |
Dry ice pellet- Health |
$6.38 |
MFS |
|
EFT35866 |
02/06/2016 |
BP BROOME CENTRAL & TYREPLUS BROOME |
Fuel for small plant- Depot |
$314.27 |
MFS |
|
EFT35867 |
02/06/2016 |
BROOME BETTA HOME LIVING |
Building maintenance- Shire Office Haas St |
$149.00 |
MFS |
|
EFT35868 |
02/06/2016 |
BROOME BOLT SUPPLIES WA PTY LTD |
Footpath maintenance- Infrastructure |
$1,628.00 |
MFS |
|
EFT35869 |
02/06/2016 |
BROOME FREIGHTLINES ( CTI ONTRAQ ) |
Freight charges- Waste Management Facility |
$1,085.88 |
MFS |
|
EFT35870 |
02/06/2016 |
BROOME SCOOTERS PTY LTD (KIMBERLEY MOWERS & SPARES) |
Town Beach water park maintenance- P&G |
$1,990.00 |
MFS |
|
EFT35871 |
02/06/2016 |
BROOME TOYOTA |
Vehicle service & repair- CEO |
$287.41 |
MFS |
|
EFT35872 |
02/06/2016 |
BROOME TREE & PALM SERVICE |
Mulching (RFQ 16-15)- Waste Management Facility |
$43,076.00 |
MFS |
|
EFT35873 |
02/06/2016 |
BROOME VISITOR CENTRE |
Annual subsidy- Broome Visitor Centre |
$60,500.00 |
MFS |
|
EFT35874 |
02/06/2016 |
CABLE BEACH ELECTRICAL SERVICE |
Electrical works- Visitors Centre, Hammersley St & Shinju Fringe Festival |
$407.00 |
MFS |
|
EFT35875 |
02/06/2016 |
CABLE BEACH TYRE SERVICE PTY LTD T/AS BRIDGESTONE BROOME |
Various Vehicle repair-Workshop |
$1,574.94 |
MFS |
|
EFT35876 |
02/06/2016 |
CARPET PAINT & TILE CENTRE |
Road formation- Frederick Street & Dampier St Connection |
$77.22 |
MFS |
|
EFT35877 |
02/06/2016 |
CCI Learning Solutions APPRENTICESHIPS AUSTRALIA |
Organisational training- HR |
$4,958.57 |
MFS |
|
EFT35878 |
02/06/2016 |
CLEVERPATCH |
Assorted craft material- Library |
$369.93 |
MFS |
|
EFT35879 |
02/06/2016 |
COASTAL DISTRIBUTING & PROVEDORING ( CDP ) |
Stock for kiosk- BRAC |
$392.48 |
MFS |
|
EFT35880 |
02/06/2016 |
COATES HIRE OPERATIONS PTY LTD |
Equipment hire- P&G |
$1,118.88 |
MFS |
|
EFT35881 |
02/06/2016 |
CRUNCH CONSULTING PTY LTD |
Consultant fees- parking and meals 04.04.16 |
$108.90 |
MFS |
|
EFT35882 |
02/06/2016 |
DAVID JOHN DALY ROWBURY |
Rates refund for overpayment of rates assessment A120185 |
$1,288.93 |
MFS |
|
EFT35883 |
02/06/2016 |
DEPARTMENT OF AGRICULTURE & FOOD |
Inspection of plant- Nursery |
$61.00 |
MFS |
|
EFT35884 |
02/06/2016 |
DEPARTMENT OF FIRE & EMERGENCY SERVICES (DFES) |
2015/2016 ESL Contribution- 4th quarter |
$86,780.28 |
MFS |
|
EFT35885 |
02/06/2016 |
DORMA AUTOMATICS PTY LTD |
Building maintenance- BRAC |
$352.00 |
MFS |
|
EFT35886 |
02/06/2016 |
EIGHTY MILE BEACH CARAVAN PARK |
Accommodation & meals- Eighty Mile Beach Road |
$2,376.00 |
MFS |
|
EFT35887 |
02/06/2016 |
ENVIRONMENTAL HEALTH AUSTRALIA INC |
Subscription- Health |
$550.00 |
MFS |
|
EFT35888 |
02/06/2016 |
FITEVENTS (GLENN TAYLOR) |
Promotions- Broome Marathon |
$11,000.00 |
MFS |
|
EFT35889 |
02/06/2016 |
FOR EARTH PTY LTD |
Liquid Waste- Waste Management Facility |
$9,042.00 |
MFS |
|
EFT35890 |
02/06/2016 |
GISSA INTERNATIONAL PTY LTD |
License maintenance & support- IT |
$2,614.05 |
MFS |
|
EFT35891 |
02/06/2016 |
GITTCRETE |
Public utilities- Town Beach Launching Ramp |
$8,800.00 |
MFS |
|
EFT35892 |
02/06/2016 |
GREENWAY ENTERPRISES |
Consumables- Nursery |
$1,997.17 |
MFS |
|
EFT35893 |
02/06/2016 |
H & M TRACEY CONSTRUCTION PTY LTD |
Crossover Subsidy -502/19 Hin Way |
$515.00 |
MFS |
|
EFT35894 |
02/06/2016 |
HAYS SPECIALIST RECRUITMENT (AUSTRALIA) PTY LTD |
Labour hire- Manager Infrastructure Operations W/E 22.05.16 |
$3,916.55 |
MFS |
|
EFT35895 |
02/06/2016 |
HIRE A HUBBY BROOME |
Building & facility maintenance- BRAC |
$88.00 |
MFS |
|
EFT35896 |
02/06/2016 |
HOLDFAST FLUID POWER NW PTY LTD |
Vehicle maintenance- Workshop |
$188.54 |
MFS |
|
EFT35897 |
02/06/2016 |
HORIZON POWER (ELECTRICITY USAGE) |
Electricity charges- Various Shire sites |
$460.08 |
MFS |
|
EFT35898 |
02/06/2016 |
HORIZON POWER (SERVICE WORKS) |
LED Streetlight upgrade- Anne Street |
$99,317.57 |
MFS |
|
EFT35899 |
02/06/2016 |
HOTEL GRAND CHANCELLOR ADELAIDE |
Accommodation risk management training- HR |
$420.00 |
MFS |
|
EFT35900 |
02/06/2016 |
HUTCHINSON REAL ESTATE |
Staff rent |
$1,740.00 |
MFS |
|
EFT35901 |
02/06/2016 |
JASON SIGNMAKERS |
Signage Maintenance- Sector 6 Broome North / Blue Haze |
$1,709.40 |
MFS |
|
EFT35902 |
02/06/2016 |
JETRIDGE HOLDINGS PTY LTD |
Plumbing works- Roebuck Bay Caravan Park |
$1,430.00 |
MFS |
|
EFT35903 |
02/06/2016 |
JULIE THOMAS |
Rubbish bag collection- P&G |
$50.00 |
MFS |
|
EFT35904 |
02/06/2016 |
KIMBERLEY BROOME PEST CONTROL |
Pest control- BRAC |
$132.00 |
MFS |
|
EFT35905 |
02/06/2016 |
KIMBERLEY FUEL & OIL SERVICES |
Oils & lubricants- Workshop & Depot |
$1,274.40 |
MFS |
|
EFT35906 |
02/06/2016 |
KIMBERLEY GOLD PURE DRINKING WATER |
Drinking water- Waste |
$152.00 |
MFS |
|
EFT35907 |
02/06/2016 |
KIMBERLEY KERBS |
Construction Contractor (RFQ 15-39)- Frederick Street & Dampier St Connection |
$17,825.78 |
MFS |
|
EFT35908 |
02/06/2016 |
KIMBERLEY PLASTIC CUSTOM FABRICATION |
Tank repair- Haynes Oval |
$533.50 |
MFS |
|
EFT35909 |
02/06/2016 |
KIMBERLEY TRUSS (NORTRUSS (NT) PTY LTD) |
Tool replacement- Depot |
$519.99 |
MFS |
|
EFT35910 |
02/06/2016 |
KOMATSU AUSTRALIA PTY LTD |
Vehicle equipment- Workshop |
$113.12 |
MFS |
|
EFT35911 |
02/06/2016 |
KOTT GUNNING LAWYERS |
Legal fees- Polo on Cable Beach |
$1,002.21 |
MFS |
|
EFT35912 |
02/06/2016 |
MAJOR MOTORS PTY LTD |
Vehicle repairs- Workshop |
$921.84 |
MFS |
|
EFT35913 |
02/06/2016 |
MARKETFORCE |
Advertising & promotions- Various Shire Departments |
$2,545.28 |
MFS |
|
EFT35914 |
02/06/2016 |
MCMULLEN NOLAN GROUP PTY LTD (MNG) |
Survey- Cable Beach ramp, carpark Port Drive & Town Beach |
$2,149.40 |
MFS |
|
EFT35915 |
02/06/2016 |
METER OFFICE PRODUCTS |
Program annual events- BRAC |
$103.40 |
MFS |
|
EFT35916 |
02/06/2016 |
NATURAL PARENT MAGAZINE |
Subscriptions magazine- Library |
$80.00 |
MFS |
|
EFT35917 |
02/06/2016 |
NORTH WEST COAST SECURITY |
Security & other operational expenses- Various Shire sites |
$7,672.50 |
MFS |
|
EFT35918 |
02/06/2016 |
NORTH WEST LOCKSMITHS |
Security maintenance- P&G |
$4,050.00 |
MFS |
|
EFT35919 |
02/06/2016 |
NORTHWEST HYDRO SOLUTIONS (PATRICK ANNESLEY) |
Maintenance- Waste Management Facility |
$88.00 |
MFS |
|
EFT35920 |
02/06/2016 |
PERRY PAUNICH MAINTENANCE CONTRACTORS ( PPMC ) |
Plumbing works- Male Oval toilet |
$165.00 |
MFS |
|
EFT35921 |
02/06/2016 |
PERTH STITCHINGS |
Staff uniform- Beach Lifeguard |
$838.20 |
MFS |
|
EFT35922 |
02/06/2016 |
PINDAN LABOUR SOLUTIONS PTY LTD (A DIVISION OF DFP RECRUITMENT) |
Labour hire- Various Shire positions |
$3,988.34 |
MFS |
|
EFT35923 |
02/06/2016 |
PRINTING IDEAS |
Plant operation expenses & staff printing- Workshop & HR |
$2,461.80 |
MFS |
|
EFT35924 |
02/06/2016 |
PRITCHARD FRANCIS PTY LTD |
Consultancy brief- Hamersley Haas Roundabout |
$357.50 |
MFS |
|
EFT35925 |
02/06/2016 |
QUEST WEST PERTH |
Accommodation organisational training- Governance |
$1,026.00 |
MFS |
|
EFT35926 |
02/06/2016 |
ROEBUCK BAY HOTEL |
Bar stock Melbourne Comedy Festival- Civic Centre |
$1,279.22 |
MFS |
|
EFT35927 |
02/06/2016 |
ROEBUCK BAY WORKING GROUP |
Community sponsorship- Community services |
$1,100.00 |
MFS |
|
EFT35928 |
02/06/2016 |
ROEBUCK TREE SERVICE |
Arboriculture expenses- Sector 3 Old Broome |
$680.00 |
MFS |
|
EFT35929 |
02/06/2016 |
ROEBUCK WELDING SERVICES |
Vehicle maintenance- Workshop |
$1,155.00 |
MFS |
|
EFT35930 |
02/06/2016 |
SARAH DOBSON |
Reimbursement expenses - Civic Centre |
$233.09 |
MFS |
|
EFT35931 |
02/06/2016 |
SEAMLESS CMS PTY LTD |
License maintenance & support - IT |
$998.80 |
MFS |
|
EFT35932 |
02/06/2016 |
SECUREX SECURITY PTY LTD |
Security & other operational expenses- Shire Office Haas St |
$60.00 |
MFS |
|
EFT35933 |
02/06/2016 |
TAMARA GRAFFEN |
Reimbursement of expenses- LGMA Challenge |
$72.93 |
MFS |
|
EFT35934 |
02/06/2016 |
TECHWEST SOLUTIONS |
Sporting equipment- BRAC |
$66.11 |
MFS |
|
EFT35935 |
02/06/2016 |
TELSTRA |
Phone charges- Various Shire phones |
$9,997.03 |
MFS |
|
EFT35936 |
02/06/2016 |
TERRITORY RURAL BROOME |
Maintenance- P&G |
$2,220.37 |
MFS |
|
EFT35937 |
02/06/2016 |
THE MANGROVE RESORT HOTEL (GARRETT HOSPITALITY PTY LTD) |
Accommodation training consultants - HR |
$666.00 |
MFS |
|
EFT35938 |
02/06/2016 |
THE WORKWEAR GROUP (NNT) |
Staff uniform |
$501.68 |
MFS |
|
EFT35939 |
02/06/2016 |
TOLL IPEC PTY LTD |
Freight charges- P&G |
$149.60 |
MFS |
|
EFT35940 |
02/06/2016 |
TOTAL EDEN PTY LTD |
Reticulation parts, materials & consumables- P&G |
$4,516.84 |
MFS |
|
EFT35941 |
02/06/2016 |
TOTALLY WORKWEAR |
Promotional programmes & materials- Library |
$14.00 |
MFS |
|
EFT35942 |
02/06/2016 |
WESTERN AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION (WALGA) |
Procurement services & organisational training - Cable Beach Lifeguard Services & HR |
$12,856.53 |
MFS |
|
EFT35943 |
02/06/2016 |
WILD MANGO CAFE |
Catering for OMC 26 May & Minister for Indigenous Affairs dinner- Governance |
$735.50 |
MFS |
|
EFT35944 |
02/06/2016 |
ANDRE STEFANUS SCHONFELDT |
Bond refund - Staff Housing |
$1,880.68 |
MFS |
|
EFT35945 |
02/06/2016 |
IP & ST ELSON PTY LTD |
Trust refund for planning application fee- Planning Services |
$39.50 |
MFS |
|
EFT35946 |
02/06/2016 |
STELLA JACKAMARRA |
Bond refund- Events |
$1,000.00 |
MFS |
|
EFT35947 |
02/06/2016 |
WILD WEST ENTERTAINMENT |
Bond refund- Events |
$1,000.00 |
MFS |
|
EFT35948 |
08/06/2016 |
IGA - SEAVIEW (BROOME INVESTMENT GROUP PTY LTD T/AS) |
Daily & weekly newspapers- Library |
$107.60 |
MFS |
|
EFT35949 |
09/06/2016 |
VIVA ENERGY AUSTRALIA |
Fuel card purchases- Various Shire vehicles |
$177.78 |
MFS |
|
EFT35950 |
09/06/2016 |
SALARY & WAGES |
Payroll S & W |
$650.00 |
MFS |
|
EFT35951 |
09/06/2016 |
SALARY & WAGES |
Payroll S & W |
$488.45 |
MFS |
|
EFT35952 |
09/06/2016 |
AUSTRALIAN TAXATION OFFICE |
PAYG |
$108,276.77 |
MFS |
|
EFT35953 |
09/06/2016 |
SALARY & WAGES |
Payroll S & W |
$750.00 |
MFS |
|
EFT35954 |
09/06/2016 |
SALARY & WAGES |
Payroll S & W |
$630.34 |
MFS |
|
EFT35955 |
09/06/2016 |
SALARY & WAGES |
Payroll S & W |
$600.00 |
MFS |
|
EFT35956 |
09/06/2016 |
SALARY & WAGES |
Payroll S & W |
$420.00 |
MFS |
|
EFT35957 |
09/06/2016 |
SALARY & WAGES |
Payroll S & W |
$552.16 |
MFS |
|
EFT35958 |
09/06/2016 |
SALARY & WAGES |
Payroll S & W |
$410.00 |
MFS |
|
EFT35959 |
09/06/2016 |
SALARY & WAGES |
Payroll S & W |
$450.00 |
MFS |
|
EFT35960 |
09/06/2016 |
SALARY & WAGES |
Payroll S & W |
$330.00 |
MFS |
|
EFT35961 |
09/06/2016 |
SALARY & WAGES |
Payroll S & W |
$1,608.61 |
MFS |
|
EFT35962 |
09/06/2016 |
SALARY & WAGES |
Payroll S & W |
$430.11 |
MFS |
|
EFT35963 |
09/06/2016 |
SALARY & WAGES |
Payroll S & W |
$340.00 |
MFS |
|
EFT35964 |
09/06/2016 |
SALARY & WAGES |
Payroll S & W |
$1,515.11 |
MFS |
|
EFT35965 |
09/06/2016 |
SALARY & WAGES |
Payroll S & W |
$201.10 |
MFS |
|
EFT35966 |
09/06/2016 |
SALARY & WAGES |
Payroll S & W |
$88.17 |
MFS |
|
EFT35967 |
09/06/2016 |
SALARY & WAGES |
Payroll S & W |
$300.00 |
MFS |
|
EFT35968 |
09/06/2016 |
SALARY & WAGES |
Payroll S & W |
$457.57 |
MFS |
|
EFT35969 |
09/06/2016 |
SALARY & WAGES |
Payroll S & W |
$353.22 |
MFS |
|
EFT35970 |
09/06/2016 |
SALARY & WAGES |
Payroll S & W |
$1,028.09 |
MFS |
|
EFT35971 |
09/06/2016 |
SALARY & WAGES |
Payroll S & W |
$614.52 |
MFS |
|
EFT35972 |
09/06/2016 |
AUSTRALIAN SERVICES UNION - WA BRANCH |
Payroll deductions |
$1,106.20 |
MFS |
|
EFT35973 |
09/06/2016 |
BROOME SHIRE INSIDE STAFF SOCIAL CLUB |
Payroll deductions |
$780.00 |
MFS |
|
EFT35974 |
09/06/2016 |
BROOME SHIRE OUTDOOR STAFF SOCIAL CLUB |
Payroll deductions |
$740.00 |
MFS |
|
EFT35975 |
09/06/2016 |
CHILD SUPPORT AGENCY |
Payroll deductions |
$1,122.98 |
MFS |
|
EFT35976 |
09/06/2016 |
LGRCEU |
Payroll deductions |
$19.40 |
MFS |
|
EFT35977 |
09/06/2016 |
BROOME COMMONWEALTH TRADING BANK |
Salary and wages pay period ending: 07/06/16 |
$311,580.38 |
MFS |
|
EFT35978 |
10/06/2016 |
PEARL COAST PROPERTIES PTY LTD |
Contribution 50% of stage 1B costs- Frederick Street Main Drain Project Agreed |
$789,016.60 |
MFS |
|
EFT35979 |
13/06/2016 |
BROOME CHAMBER OF COMMERCE |
Small Business Awards 2016- Sponsorship |
$7,700.00 |
MFS |
|
EFT35980 |
13/06/2016 |
DINOSAUR COAST MANAGEMENT GROUP |
Community sponsorship program- Community Services |
$3,000.00 |
MFS |
|
EFT35981 |
13/06/2016 |
MEN'S SHED BROOME |
Community sponsorship program- Community Services |
$2,400.00 |
MFS |
|
EFT35982 |
13/06/2016 |
REGIONAL DEVELOPMENT AUSTRALIA KIMBERLEY |
Community sponsorship program- Community Services |
$10,000.00 |
MFS |
|
EFT35983 |
13/06/2016 |
SALTWATER COUNTRY Inc. |
Community sponsorship program- Community Services |
$5,000.00 |
MFS |
|
EFT35984 |
13/06/2016 |
TIMOTHY JOSEPH GRAFFEN |
Reimbursement expenses- LGMA challenge |
$39.00 |
MFS |
|
EFT35985 |
13/06/2016 |
UNIVERSITY OF NOTRE DAME AUSTRALIA |
Community sponsorship program- Community Services |
$4,620.00 |
MFS |
|
EFT35986 |
13/06/2016 |
YANGET NOMINEES PTY LTD |
Rates refund for overpayment assessment A304911 |
$445.06 |
MFS |
|
EFT35987 |
13/06/2016 |
AD ENGINEERING INTERNATIONAL PTY LTD |
Utility charges- Cape Leveque Road |
$132.00 |
MFS |
|
EFT35988 |
13/06/2016 |
AECOM- URS AUSTRALIA PTY LTD |
Consultant fees- Site investigation of Broome golf course |
$4,449.50 |
MFS |
|
EFT35989 |
13/06/2016 |
AMO CONTRACTING |
Footpath maintenance- Sector 5 Roebuck Estate |
$3,500.20 |
MFS |
|
EFT35990 |
13/06/2016 |
AMPAC DEBT RECOVERY |
Debt recovery costs- Rates |
$1.44 |
MFS |
|
EFT35991 |
13/06/2016 |
AVERY AIRCONDITIONING PTY LTD |
Air conditioning works- Various Shire sites |
$2,532.48 |
MFS |
|
EFT35992 |
13/06/2016 |
BAIRD AUSTRALIA PTY LTD |
Community engagement strategy consultant fee (RFQ15-30)- Broome CHRMAP |
$9,570.00 |
MFS |
|
EFT35993 |
13/06/2016 |
BITUMEN SEALING SERVICES PTY LTD (BSS) |
Road maintenance (RFT 15-07)- Roebuck Bay caravan park |
$51,070.78 |
MFS |
|
EFT35994 |
13/06/2016 |
BP AUSTRALIA PTY LTD - FUEL |
Diesel for Shire fleet- Depot |
$15,595.70 |
MFS |
|
EFT35995 |
13/06/2016 |
BRIDGESTONE AUSTRALIA LTD |
Vehicle repair- Workshop |
$1,118.64 |
MFS |
|
EFT35996 |
13/06/2016 |
BROOME BETTA HOME LIVING |
Property maintenance- Key worker housing |
$30.00 |
MFS |
|
EFT35997 |
13/06/2016 |
BROOME BOLT SUPPLIES WA PTY LTD |
Consumables & material- Various Shire Departments |
$283.25 |
MFS |
|
EFT35998 |
13/06/2016 |
BROOME DIESEL & HYDRAULIC SERVICE |
Repairs to machinery- Workshop |
$7,423.30 |
MFS |
|
EFT35999 |
13/06/2016 |
BROOME ENGRAVING & MULTI SERVICES |
Engraving for Broome Diocese civic reception gift- Governance |
$35.00 |
MFS |
|
EFT36000 |
13/06/2016 |
BROOME MOTORS |
Vehicle repairs & maintenance- Workshop |
$2,098.05 |
MFS |
|
EFT36001 |
13/06/2016 |
BROOME PLUMBING & GAS |
Plumbing works- Various Shire sites |
$2,641.00 |
MFS |
|
EFT36002 |
13/06/2016 |
BROOME PROGRESSIVE SUPPLIES |
Stock kiosk & other materials- Various Shire Departments |
$1,367.21 |
MFS |
|
EFT36003 |
13/06/2016 |
BROOME RETRAVISION |
Sundry equipment & minor asset purchase- BRAC & Depot |
$466.00 |
MFS |
|
EFT36004 |
13/06/2016 |
BROOME SMALL MAINTENANCE SERVICES |
Building general maintenance- Civic Centre & BRAC |
$529.00 |
MFS |
|
EFT36005 |
13/06/2016 |
BROOMECRETE |
Concrete & other materials- Various reserves & parks |
$3,031.60 |
MFS |
|
EFT36006 |
13/06/2016 |
BT EQUIPMENT PTY LTD |
Vehicle parts- Workshop |
$802.63 |
MFS |
|
EFT36007 |
13/06/2016 |
J BLACKWOOD & SON T/AS BLACKWOODS |
Tool replacement & Consumables- Depot & Civic Centre |
$2,847.68 |
MFS |
|
EFT36008 |
13/06/2016 |
KADAR PEARSON PARTNERS PTY LTD |
Consultant expenses- Short Term Itinerant Camping Facility |
$20,160.00 |
MFS |
|
EFT36009 |
13/06/2016 |
KIMBERLEY CAMPING & OUTBACK SUPPLIES |
Staff uniform |
$891.81 |
MFS |
|
EFT36010 |
13/06/2016 |
KIMBERLEY FUEL & OIL SERVICES |
Plant fuel & oil- Workshop |
$5,977.54 |
MFS |
|
EFT36011 |
13/06/2016 |
KIMBERLEY GOLD PURE DRINKING WATER |
Drinking water- Infrastructure & Administration Building |
$247.00 |
MFS |
|
EFT36012 |
13/06/2016 |
KIMBERLEY WINDOWS DESIGNER BLINDS |
Replacement blinds- BRAC |
$403.70 |
MFS |
|
EFT36013 |
13/06/2016 |
KOTT GUNNING LAWYERS |
Legal expenses- Building order & Native Title Act |
$5,186.42 |
MFS |
|
EFT36014 |
13/06/2016 |
WESTERN AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION (WALGA) |
Tender process management- Shire directory production expenses |
$7,462.13 |
MFS |
|
EFT36015 |
13/06/2016 |
WILD MANGO CAFE |
Catering for Broome Diocese Golden Jubilee Civic Reception & training- Governance & HR |
$706.00 |
MFS |
|
EFT36017 |
14/06/2016 |
WA HINO |
Replacement plant (RFQ 15-38)- Depot |
$116,775.61 |
MFS |
|
EFT36018 |
15/06/2016 |
ACROMAT |
Tools & equipment- BRAC |
$125.40 |
MFS |
|
EFT36019 |
15/06/2016 |
BRIDGESTONE AUSTRALIA LTD |
Tyre repair- Waste Management Facility Team |
$265.96 |
MFS |
|
EFT36020 |
15/06/2016 |
BROOM TIME CLEANING |
Cleaning services- Various Shire sites |
$50,550.66 |
MFS |
|
EFT36021 |
15/06/2016 |
BROOME BUILDERS PTY LTD |
Construction expenses- Key Worker Housing & Roebuck Bay Caravan Park building renewal as per lease |
$136,492.00 |
MFS |
|
EFT36022 |
15/06/2016 |
BROOME CLARK RUBBER |
Aquatic chemical-Various Shire sites |
$4,015.69 |
MFS |
|
EFT36023 |
15/06/2016 |
BROOME DIESEL & HYDRAULIC SERVICE |
Vehicle repairs- Workshop |
$112.50 |
MFS |
|
EFT36024 |
15/06/2016 |
BROOME MOTORS |
Vehicle repairs- Workshop |
$381.70 |
MFS |
|
EFT36025 |
15/06/2016 |
BROOME PLUMBING & GAS |
Plumbing works- Various Shire sites |
$1,674.00 |
MFS |
|
EFT36026 |
15/06/2016 |
BROOME SMALL MAINTENANCE SERVICES |
Building maintenance- HR |
$187.00 |
MFS |
|
EFT36027 |
15/06/2016 |
CABLE BEACH ELECTRICAL SERVICE |
Oval lighting- Male Oval |
$3,245.00 |
MFS |
|
EFT36028 |
15/06/2016 |
CABLE BEACH TYRE SERVICE PTY LTD T/AS BRIDGESTONE BROOME |
Vehicle repairs- Workshop |
$1,435.00 |
MFS |
|
EFT36029 |
15/06/2016 |
CARDNO (WA) PTY LTD |
District stormwater management strategy (RFQ16-16)- Stormwater Drainage |
$4,651.57 |
MFS |
|
EFT36030 |
15/06/2016 |
CARPET PAINT & TILE CENTRE |
Material purchase- KRO2 & Town Beach Water Park |
$11,281.38 |
MFS |
|
EFT36031 |
15/06/2016 |
CENTURION TRANSPORT |
Freight charges- Library |
$118.65 |
MFS |
|
EFT36032 |
15/06/2016 |
COATES HIRE OPERATIONS PTY LTD |
Hire of equipment- Male Oval & Frederick Street & Dampier Street connection |
$618.84 |
MFS |
|
EFT36033 |
15/06/2016 |
J BLACKWOOD & SON T/AS BLACKWOODS |
Maintenance supplies- BRAC |
$81.95 |
MFS |
|
EFT36034 |
15/06/2016 |
BROOME TOYOTA |
Reversing camera repair- CEO vehicle |
$8.86 |
MFS |
|
EFT36035 |
15/06/2016 |
DATACOM |
Equipment supplies- IT |
$543.40 |
MFS |
|
EFT36036 |
15/06/2016 |
DAVID GRAY & CO PTY LTD |
Bin security locks- P&G |
$1,958.00 |
MFS |
|
EFT36037 |
15/06/2016 |
DEANO'S CANVAS WORKS |
Shade sails repair- Various shire sites |
$3,382.50 |
MFS |
|
EFT36038 |
15/06/2016 |
DIRECTCOMMS PTY LTD |
SMS service for overdue & reserved books- Library |
$144.84 |
MFS |
|
EFT36039 |
15/06/2016 |
DONOVAN PAYNE ARCHITECTS PTY LTD |
Architectural services & concept design (RFQ 15-50)- KRO2 |
$70,455.00 |
MFS |
|
EFT36040 |
15/06/2016 |
EDUCATIONAL EXPERIENCE |
Multifunction craft trolley- BRAC |
$383.79 |
MFS |
|
EFT36041 |
15/06/2016 |
FIELD AIR CONDITIONING & AUTO ELECTRICAL PTY LTD |
Vehicle repair- Workshop |
$6,448.20 |
MFS |
|
EFT36042 |
15/06/2016 |
FIRE & SAFETY SERVICES |
Building maintenance- Civic Centre |
$838.56 |
MFS |
|
EFT36043 |
15/06/2016 |
FIRE PROTECTION ASSOCIATION AUSTRALIA |
Training building & planning in bushfire prone areas - HR |
$190.00 |
MFS |
|
EFT36044 |
15/06/2016 |
GINA NICOLE HAILES |
Group fitness program- BRAC |
$1,800.00 |
MFS |
|
EFT36045 |
15/06/2016 |
MARKETFORCE |
Recruitment & tender advertising- Various Shire departments |
$805.47 |
MFS |
|
EFT36046 |
15/06/2016 |
MCKENO BLOCKS & PAVERS |
Road formation- Frederick St & Dampier St connection |
$770.81 |
MFS |
|
EFT36047 |
15/06/2016 |
MELBOURNE INTERNATIONAL COMEDY FESTIVAL |
Performance production expenses Melbourne Comedy Festival- Civic Centre |
$2,683.70 |
MFS |
|
EFT36048 |
15/06/2016 |
MERCURE HOTEL PERTH |
Accommodation for CEO to attend WARCA meeting & Building Technical Officer to attend training in Perth |
$1,065.00 |
MFS |
|
EFT36049 |
15/06/2016 |
MIDALIA STEEL PTY LTD |
Drainage material & footpath maintenance- Maritana Park & Works |
$913.83 |
MFS |
|
EFT36050 |
15/06/2016 |
NDY MANAGEMENT PTY LTD |
Plant & equipment renewal (RFQ 15-55)- BRAC Aquatic Upgrade |
$7,330.40 |
MFS |
|
EFT36051 |
15/06/2016 |
NORTH WEST COAST SECURITY |
Security & other operational expenses- Civic Centre & various Shire Sites |
$10,030.46 |
MFS |
|
EFT36052 |
15/06/2016 |
NS PROJECTS PTY LTD |
Design & development phase- BRAC Aquatic Upgrade & KRO3 |
$13,428.90 |
MFS |
|
EFT36053 |
15/06/2016 |
SECUREPAY PTY LTD |
Web payments & Seat Advisor pricing transaction fee for ticketing- Civic Centre |
$54.12 |
MFS |
|
EFT36054 |
15/06/2016 |
SPORTS STAR TROPHIES |
Trophies BRAC 2 Beach Fun run- BRAC |
$1,015.20 |
MFS |
|
EFT36055 |
15/06/2016 |
ST JOHN AMBULANCE AUSTRALIA - BROOME |
First Aid Kit- BRAC |
$200.00 |
MFS |
|
EFT36056 |
15/06/2016 |
T - QUIP |
Vehicle repairs- Workshop & Depot |
$1,580.40 |
MFS |
|
EFT36057 |
15/06/2016 |
TALIS CONSULTANTS |
Consultant fees- Infrastructure |
$1,870.00 |
MFS |
|
EFT36058 |
15/06/2016 |
TELSTRA |
Phone charges- Various Shire phones |
$283.98 |
MFS |
|
EFT36059 |
15/06/2016 |
THE MANGROVE RESORT HOTEL (GARRETT HOSPITALITY PTY LTD) |
Bar tab to be recouped from Shire of East Pilbara- Health |
$460.00 |
MFS |
|
EFT36060 |
15/06/2016 |
THEATRE KIMBERLEY INC |
Performance production expenses- Civic Centre |
$3,740.00 |
MFS |
|
EFT36061 |
15/06/2016 |
TNT AUSTRALIA PTY LTD T/AS TNT EXPRESS |
Freight charges- Health & Depot |
$199.52 |
MFS |
|
EFT36062 |
15/06/2016 |
TOTAL EDEN PTY LTD |
Reticulation parts, materials & consumables- P&G |
$378.77 |
MFS |
|
EFT36063 |
15/06/2016 |
TOTALLY WORKWEAR |
Staff uniform |
$242.80 |
MFS |
|
EFT36064 |
15/06/2016 |
TOXFREE |
Waste services- Various Shire sites |
$5,608.64 |
MFS |
|
EFT36065 |
21/06/2016 |
WATER CORPORATION |
Water charges- Various Shire sites |
$49,317.08 |
MFS |
|
EFT36066 |
21/06/2016 |
KIMBERLEY ABORIGINAL MEDICAL SERVICES LTD |
Rates refund for assessment A107860 as per Council resolution SMC 10 June 2016 |
$110,377.80 |
MFS |
|
EFT36067 |
22/06/2016 |
AUSTRALIA POST |
Postage Charges. Period ending 31.05.16 |
$2,414.90 |
MFS |
|
EFT36068 |
22/06/2016 |
BEST KIMBERLEY COMPUTING |
Purchase of new colour photocopier (RFQ16-08)- IT |
$19,385.30 |
MFS |
|
EFT36069 |
22/06/2016 |
BROOM TIME CLEANING |
Cleaning services (RFQ 12-09)- Administration Offices & Library |
$9,360.00 |
MFS |
|
EFT36070 |
22/06/2016 |
BROOME PHARMACY |
Safety equipment & first aid supplies- BRAC & Depot |
$208.30 |
MFS |
|
EFT36071 |
22/06/2016 |
BROOME VETERINARY HOSPITAL |
Pound, euthanasia & boarding fees May- Rangers |
$4,565.38 |
MFS |
|
EFT36072 |
22/06/2016 |
COLES SUPERMARKETS - CHINATOWN, S324 |
Food & beverages- Monthly fee Various meetings & Training |
$434.22 |
MFS |
|
EFT36073 |
22/06/2016 |
COLIN WILKINSON DEVELOPMENTS PTY LTD |
Crossover Subsidy- Lot 705/25 Orr Street |
$515.00 |
MFS |
|
EFT36074 |
22/06/2016 |
DEPARTMENT OF TRANSPORT (VEHICLE SEARCH FEES) |
Fines enforcement registry expenses- Rangers |
$93.80 |
MFS |
|
EFT36075 |
22/06/2016 |
FLEET LOGISTICS PTY LTD (EZY2C) |
GPS tracking (RFQ 16-28)- IT |
$19,030.66 |
MFS |
|
EFT36076 |
22/06/2016 |
H & M TRACEY CONSTRUCTION PTY LTD |
Crossover Subsidy- Lot 222/ 52 Robinson St |
$515.00 |
MFS |
|
EFT36077 |
22/06/2016 |
HAYS SPECIALIST RECRUITMENT (AUSTRALIA) PTY LTD |
Labour hire Manager Infrastructure Operations- Infrastructure |
$3,916.55 |
MFS |
|
EFT36078 |
22/06/2016 |
HILTI AUST PTY LTD |
Material purchase- Japanese Cemetery |
$2,236.39 |
MFS |
|
EFT36079 |
22/06/2016 |
HORIZON POWER (ELECTRICITY USAGE) |
Electricity charges- Various Shire sites |
$102,526.95 |
MFS |
|
EFT36080 |
22/06/2016 |
INVARION RAPIDPLAN PTY LTD |
License maintenance & support- IT |
$1,650.00 |
MFS |
|
EFT36081 |
22/06/2016 |
JULIE THOMAS |
Town rubbish bag collection- P&G |
$20.00 |
MFS |
|
EFT36082 |
22/06/2016 |
KIMBERLEY QUARRY PTY LTD |
Road base material (RFQ 13-07)- Hamersley & Haas St |
$19,495.69 |
MFS |
|
EFT36083 |
22/06/2016 |
LOCAL DRUG ACTION GROUPS INC |
Alcohol signage & toolkit- Economic Services |
$7,000.00 |
MFS |
|
EFT36084 |
22/06/2016 |
RAY WHITE BROOME |
Staff Rent |
$8,445.52 |
MFS |
|
EFT36085 |
22/06/2016 |
ROADLINE CIVIL CONTRACTORS |
Construction contractor- Various Shire sites |
$348,147.63 |
MFS |
|
EFT36086 |
22/06/2016 |
ROEBUCK WELDING SERVICES |
Stainless poles- Town Beach |
$1,548.80 |
MFS |
|
EFT36087 |
22/06/2016 |
TELSTRA |
Phone charges- Various Shire phones |
$726.82 |
MFS |
|
EFT36088 |
22/06/2016 |
TOTAL EDEN PTY LTD |
Reticulation parts, materials & consumable- P&G |
$1,761.67 |
MFS |
|
EFT36089 |
22/06/2016 |
TOXFREE |
Waste services- Various Shire sites |
$97,590.94 |
MFS |
|
EFT36090 |
22/06/2016 |
ULTRAHAWKE PTY LTD |
Tip improvements- Waste Management Facility |
$44,614.35 |
MFS |
|
EFT36091 |
23/06/2016 |
BROOME FIRST NATIONAL REAL ESTATE |
Staff Rent |
$10,352.37 |
MFS |
|
EFT36092 |
23/06/2016 |
CHARTER PROPERTY GROUP PTY LTD |
staff rent |
$2,607.14 |
MFS |
|
EFT36093 |
23/06/2016 |
HUTCHINSON REAL ESTATE |
Staff Rent |
$3,845.52 |
MFS |
|
EFT36094 |
23/06/2016 |
MAX BERNARD GRAFFEN |
Staff Rent |
$2,166.67 |
MFS |
|
EFT36095 |
23/06/2016 |
PRD NATIONWIDE |
Community Storage rent |
$2,475.00 |
MFS |
|
EFT36096 |
23/06/2016 |
RAY WHITE BROOME |
Staff Rent |
$12,866.42 |
MFS |
|
EFT36097 |
23/06/2016 |
SALARY & WAGES |
Payroll S & W |
$650.00 |
MFS |
|
EFT36098 |
23/06/2016 |
SALARY & WAGES |
Payroll S & W |
$488.45 |
MFS |
|
EFT36099 |
23/06/2016 |
AUSTRALIAN TAXATION OFFICE |
PAYG |
$113,622.74 |
MFS |
|
EFT36100 |
23/06/2016 |
SALARY & WAGES |
Payroll S & W |
$750.00 |
MFS |
|
EFT36101 |
23/06/2016 |
SALARY & WAGES |
Payroll S & W |
$630.27 |
MFS |
|
EFT36102 |
23/06/2016 |
SALARY & WAGES |
Payroll S & W |
$600.00 |
MFS |
|
EFT36103 |
23/06/2016 |
SALARY & WAGES |
Payroll S & W |
$0.03 |
MFS |
|
EFT36104 |
23/06/2016 |
SALARY & WAGES |
Payroll S & W |
$420.00 |
MFS |
|
EFT36105 |
23/06/2016 |
SALARY & WAGES |
Payroll S & W |
$552.16 |
MFS |
|
EFT36106 |
23/06/2016 |
SALARY & WAGES |
Payroll S & W |
$410.00 |
MFS |
|
EFT36107 |
23/06/2016 |
SALARY & WAGES |
Payroll S & W |
$450.00 |
MFS |
|
EFT36108 |
23/06/2016 |
SALARY & WAGES |
Payroll S & W |
$330.00 |
MFS |
|
EFT36109 |
23/06/2016 |
SALARY & WAGES |
Payroll S & W |
$1,608.61 |
MFS |
|
EFT36110 |
23/06/2016 |
SALARY & WAGES |
Payroll S & W |
$250.00 |
MFS |
|
EFT36111 |
23/06/2016 |
SALARY & WAGES |
Payroll S & W |
$430.11 |
MFS |
|
EFT36112 |
23/06/2016 |
SALARY & WAGES |
Payroll S & W |
$340.00 |
MFS |
|
EFT36113 |
23/06/2016 |
SALARY & WAGES |
Payroll S & W |
$800.00 |
MFS |
|
EFT36114 |
23/06/2016 |
SALARY & WAGES |
Payroll S & W |
$520.27 |
MFS |
|
EFT36115 |
23/06/2016 |
SALARY & WAGES |
Payroll S & W |
$201.10 |
MFS |
|
EFT36116 |
23/06/2016 |
SALARY & WAGES |
Payroll S & W |
$88.17 |
MFS |
|
EFT36117 |
23/06/2016 |
SALARY & WAGES |
Payroll S & W |
$300.00 |
MFS |
|
EFT36118 |
23/06/2016 |
SALARY & WAGES |
Payroll S & W |
$457.57 |
MFS |
|
EFT36119 |
23/06/2016 |
SALARY & WAGES |
Payroll S & W |
$353.22 |
MFS |
|
EFT36120 |
23/06/2016 |
SALARY & WAGES |
Payroll S & W |
$1,028.09 |
MFS |
|
EFT36121 |
23/06/2016 |
AUSTRALIAN SERVICES UNION - WA BRANCH |
Payroll deductions |
$1,132.00 |
MFS |
|
EFT36122 |
23/06/2016 |
BROOME SHIRE INSIDE STAFF SOCIAL CLUB |
Payroll deductions |
$860.00 |
MFS |
|
EFT36123 |
23/06/2016 |
BROOME SHIRE OUTDOOR STAFF SOCIAL CLUB |
Payroll deductions |
$680.00 |
MFS |
|
EFT36124 |
23/06/2016 |
CHILD SUPPORT AGENCY |
Payroll deductions |
$1,122.98 |
MFS |
|
EFT36125 |
23/06/2016 |
LGRCEU |
Payroll deductions |
$19.40 |
MFS |
|
EFT36126 |
23/06/2016 |
EXPRESS SALARY PACKAGING |
Salary Packaging |
$741.24 |
MFS |
|
EFT36127 |
23/06/2016 |
BROOME COMMONWEALTH TRADING BANK |
Salary and wages pay period ending: 21/06/16 |
$316,997.00 |
MFS |
|
EFT36128 |
24/06/2016 |
ALETTA JOYCE NUGENT |
Reimbursement of expenses - Development Services |
$2,605.49 |
MFS |
|
EFT36129 |
24/06/2016 |
AMPAC DEBT RECOVERY |
Debt recovery commission- Rates |
$107.80 |
MFS |
|
EFT36130 |
24/06/2016 |
AVERY AIRCONDITIONING PTY LTD |
Air conditioning & ventilation works- KRO1 |
$275.00 |
MFS |
|
EFT36131 |
24/06/2016 |
BEST KIMBERLEY COMPUTING |
Purchase of copier- IT |
$6,627.50 |
MFS |
|
EFT36132 |
24/06/2016 |
BP BROOME CENTRAL & TYREPLUS BROOME |
Fuel for small plants- Depot |
$300.00 |
MFS |
|
EFT36133 |
24/06/2016 |
BROOM TIME CLEANING |
Cleaning expenses- Shire Office Barker |
$1,664.00 |
MFS |
|
EFT36134 |
24/06/2016 |
BROOME AUTO EXCELLENCE |
Vehicle repair- Workshop |
$1,522.95 |
MFS |
|
EFT36135 |
24/06/2016 |
BROOME DIESEL & HYDRAULIC SERVICE |
Vehicle repair- Workshop |
$520.55 |
MFS |
|
EFT36136 |
24/06/2016 |
BROOME DOCTORS PRACTICE PTY LTD |
Medical expenses- P&G |
$105.00 |
MFS |
|
EFT36137 |
24/06/2016 |
BROOME PLUMBING & GAS |
Repair irrigation reticulation- Sunset Park & Shire Office Haas St |
$435.00 |
MFS |
|
EFT36138 |
24/06/2016 |
BROOME PRIMARY SCHOOL P & C ASSOC |
Community sponsorship program- Community Services |
$10,000.00 |
MFS |
|
EFT36139 |
24/06/2016 |
BROOME SCOOTERS PTY LTD (KIMBERLEY MOWERS & SPARES) |
Equipment repairs- P&G |
$68.00 |
MFS |
|
EFT36140 |
24/06/2016 |
BUCHER MUNICIPAL (MACDONALD JOHNSTON PTY LTD) |
Vehicle parts- Workshop |
$1,598.22 |
MFS |
|
EFT36141 |
24/06/2016 |
BUNNINGS BROOME |
Monthly invoices for miscellaneous consumables, tools & various items |
$2,309.13 |
MFS |
|
EFT36142 |
24/06/2016 |
CABLE BEACH ELECTRICAL SERVICE |
Electrical works- Male Oval |
$2,101.00 |
MFS |
|
EFT36143 |
24/06/2016 |
CITY OF SWAN |
Annual GIS consulting services- IT |
$17,343.20 |
MFS |
|
EFT36144 |
24/06/2016 |
CLARITY COMMUNICATIONS |
Email management- Media |
$93.72 |
MFS |
|
EFT36145 |
24/06/2016 |
DANS QUALITY PAINTING & DECORATING PTY LTD |
Building maintenance- KR02 |
$9,702.00 |
MFS |
|
EFT36146 |
24/06/2016 |
DIGITAL MAPPING SOLUTIONS (DMS) |
Consulting services for migration of server- IT |
$2,145.00 |
MFS |
|
EFT36147 |
24/06/2016 |
DOMINO'S PIZZA |
Catering Melbourne Comedy Festival- Civic Centre |
$518.00 |
MFS |
|
EFT36148 |
24/06/2016 |
DORMA AUTOMATICS PTY LTD |
Building maintenance- Broome Visitors Centre |
$561.00 |
MFS |
|
EFT36149 |
24/06/2016 |
DYMOCKS HAY ST |
Copies of books- Library |
$52.95 |
MFS |
|
EFT36150 |
24/06/2016 |
FLEET LOGISTICS PTY LTD (EZY2C) |
GPS Fleet Management (RFQ 16-28)- IT |
$6,273.08 |
MFS |
|
EFT36151 |
24/06/2016 |
FORPARK AUSTRALIA |
Operation expenses- Various parks & reserves |
$2,886.40 |
MFS |
|
EFT36152 |
24/06/2016 |
GALVINS PLUMBING PLUS |
Maintenance & repairs- P&G |
$580.58 |
MFS |
|
EFT36153 |
24/06/2016 |
GITTCRETE |
Drainage works (RFQ16-40)- Maritana Park |
$14,520.00 |
MFS |
|
EFT36154 |
24/06/2016 |
GREENLINE AG PTY LTD |
Vehicle repair- Workshop |
$2,396.00 |
MFS |
|
EFT36155 |
24/06/2016 |
GREENWAY ENTERPRISES |
Minor tools & equipment- P&G |
$1,922.25 |
MFS |
|
EFT36156 |
24/06/2016 |
HEAD OFFICE LANDGATE |
Aerial photography services Broome Town site & valuation expenses- IT & Rates |
$15,430.34 |
MFS |
|
EFT36157 |
24/06/2016 |
HERBERT SMITH FREEHILLS |
Legal fees- Dampier Peninsula Cluster Claims |
$77,000.00 |
MFS |
|
EFT36158 |
24/06/2016 |
HIRE A HUBBY BROOME |
Building maintenance- BRAC |
$93.50 |
MFS |
|
EFT36159 |
24/06/2016 |
HITACHI CONSTRUCTION MACHINERY (AUSTRALIA) |
Plant repairs- Workshop |
$266.11 |
MFS |
|
EFT36160 |
24/06/2016 |
HOLDFAST FLUID POWER NW PTY LTD |
Made up hose- Town Beach Water Park |
$53.34 |
MFS |
|
EFT36161 |
24/06/2016 |
HORIZON POWER (ELECTRICITY USAGE) |
Electricity charges- Various Shire sites |
$522.28 |
MFS |
|
EFT36162 |
24/06/2016 |
INCREDIBLE EDIBLE BROOME |
Community sponsorship program- Community Services |
$3,664.00 |
MFS |
|
EFT36163 |
24/06/2016 |
INLAND STUDIO |
Scanning WALGA banners- Governance |
$110.00 |
MFS |
|
EFT36164 |
24/06/2016 |
J BLACKWOOD & SON T/AS BLACKWOODS |
Tool replacement- Depot |
$568.00 |
MFS |
|
EFT36165 |
24/06/2016 |
JAMES BENNETT PTY LIMITED |
Selected stock plus end-processing of materials- Library |
$298.68 |
MFS |
|
EFT36166 |
24/06/2016 |
KENNETH RAYMOND DONOHOE |
Reimbursement travel & meal expenses- CEO |
$315.88 |
MFS |
|
EFT36167 |
24/06/2016 |
KIMBERLEY CAMPING & OUTBACK SUPPLIES |
Staff uniform |
$803.35 |
MFS |
|
EFT36168 |
24/06/2016 |
KIMBERLEY FUEL & OIL SERVICES |
Oils & lubricants- Workshop |
$423.77 |
MFS |
|
EFT36169 |
24/06/2016 |
KIMBERLEY GROUP TRAINING (KGT) |
Apprentice wages- Depot |
$1,709.55 |
MFS |
|
EFT36170 |
24/06/2016 |
KIMBERLEY PLASTIC CUSTOM FABRICATION |
Maintenance & repairs- P&G |
$1,067.00 |
MFS |
|
EFT36171 |
24/06/2016 |
KIMBERLEY SIGNS & DESIGNS |
Consumables expenses- Depot |
$701.80 |
MFS |
|
EFT36172 |
24/06/2016 |
KIMBERLEY WASHROOM SERVICES |
Sanitary waste removal- Various Shire sites |
$700.00 |
MFS |
|
EFT36173 |
24/06/2016 |
KIMBERLEY WINDOWS DESIGNER BLINDS |
Building maintenance- Civic Centre |
$225.00 |
MFS |
|
EFT36174 |
24/06/2016 |
KOMATSU AUSTRALIA PTY LTD |
Vehicle service & repairs- Workshop |
$4,685.64 |
MFS |
|
EFT36175 |
24/06/2016 |
LANDMARK OPERATIONS LTD |
Agribusiness products- P&G |
$1,059.30 |
MFS |
|
EFT36176 |
24/06/2016 |
LEADING EDGE COMPUTERS |
9 iPad Air- Infrastructure & IT |
$8,320.60 |
MFS |
|
EFT36177 |
24/06/2016 |
LG ASSIST AUSTRALIA |
Annual recruitment advertising package- HR |
$4,400.00 |
MFS |
|
EFT36178 |
24/06/2016 |
LIGHT APPLICATION PTY LTD |
Repairs & maintenance- Civic Centre |
$742.50 |
MFS |
|
EFT36179 |
24/06/2016 |
iSUBSCRIBE |
Subscriptions expenses- Library |
$873.90 |
MFS |
|
EFT36180 |
24/06/2016 |
MAGIQ SOFTWARE PTY LTD |
Budget management system software- IT |
$2,478.08 |
MFS |
|
EFT36181 |
24/06/2016 |
MARKETFORCE |
Advertisement roads amendments & Cable Beach Development Strategy- Infrastructure & Town Planning |
$914.77 |
MFS |
|
EFT36182 |
24/06/2016 |
MARRIOTT TREE EQUIPMENT PTY LTD |
Seal kit control valve- Workshop |
$102.33 |
MFS |
|
EFT36183 |
24/06/2016 |
MCCORRY BROWN EARTHMOVING PTY LTD |
Construction contractor fees- Various Shire sites |
$174,782.47 |
MFS |
|
EFT36184 |
24/06/2016 |
MCINTOSH & SON |
Vehicle parts- Workshop |
$392.34 |
MFS |
|
EFT36185 |
24/06/2016 |
MCKENO BLOCKS & PAVERS |
Footpath maintenance- Infrastructure |
$3,177.87 |
MFS |
|
EFT36186 |
24/06/2016 |
MCLEODS BARRISTERS & SOLICITORS |
Legal fees- Long Service Leave Provisions |
$1,161.38 |
MFS |
|
EFT36187 |
24/06/2016 |
MCMULLEN NOLAN GROUP PTY LTD (MNG) |
Survey fees & footpath maintenance- Various Shire sites |
$9,619.50 |
MFS |
|
EFT36188 |
24/06/2016 |
MIEKE WEVERS |
Reimbursement of expenses- Governance |
$200.51 |
MFS |
|
EFT36189 |
24/06/2016 |
NEVERFAIL SPRINGWATER LIMITED |
Drinking water- Depot |
$347.81 |
MFS |
|
EFT36190 |
24/06/2016 |
NORTHWEST HYDRO SOLUTIONS (PATRICK ANNESLEY) |
Reticulation parts, consumables & materials- P&G |
$3,352.66 |
MFS |
|
EFT36191 |
24/06/2016 |
OFFICE NATIONAL BROOME |
Copier charges & stationary- Various Shire sites |
$2,758.71 |
MFS |
|
EFT36192 |
24/06/2016 |
OFFICEMAX AUSTRALIA LTD |
Stationery- Administration office |
$1,466.23 |
MFS |
|
EFT36193 |
24/06/2016 |
COAST & COUNTRY ELECTRICS |
Electrical works- Various Shire facilities |
$8,342.50 |
MFS |
|
EFT36194 |
24/06/2016 |
PARKER BLACK & FORREST PTY LTD |
Security expenses- Library |
$85.50 |
MFS |
|
EFT36195 |
24/06/2016 |
PERRY PAUNICH MAINTENANCE CONTRACTORS ( PPMC ) |
Replacement damaged ceiling panels- Barker St |
$1,386.00 |
MFS |
|
EFT36196 |
24/06/2016 |
PIPPA JANE CHRYSTAL |
Reimbursement of holiday program expenses - BRAC |
$220.00 |
MFS |
|
EFT36197 |
24/06/2016 |
PRINTING IDEAS |
Material purchase for the Northwest expo- Nursery |
$805.77 |
MFS |
|
EFT36198 |
24/06/2016 |
PRITCHARD FRANCIS PTY LTD |
Consultancy services- Archer St reconstruction/widening |
$7,425.00 |
MFS |
|
EFT36199 |
24/06/2016 |
RAECO |
Book covering materials- Library |
$383.31 |
MFS |
|
EFT36200 |
24/06/2016 |
RAMONA IFTIMIE SMITH |
Reimbursement of expenses- LGMA Challenge |
$110.00 |
MFS |
|
EFT36201 |
24/06/2016 |
REGAL TRANSPORT |
Freight- Workshop |
$545.04 |
MFS |
|
EFT36202 |
24/06/2016 |
REPCO (EXEGO PTY LTD) |
Safety equipment- Rangers |
$803.63 |
MFS |
|
EFT36203 |
24/06/2016 |
ROADLINE CIVIL CONTRACTORS |
Supply Traffic Management (RFQ 14-16)- Hamersley Haas Roundabout |
$23,493.25 |
MFS |
|
EFT36204 |
24/06/2016 |
SALLY EATON |
Reimbursement of travel & licence renewal expenses- Library |
$349.68 |
MFS |
|
EFT36205 |
24/06/2016 |
SEAMLESS CMS PTY LTD |
Pro-rata support agreement- IT |
$2,287.08 |
MFS |
|
EFT36206 |
24/06/2016 |
SHARLEEN JORDAN |
Reimbursement travel expenses- HR |
$308.98 |
MFS |
|
EFT36207 |
24/06/2016 |
SUNNY SIGN COMPANY PTY LTD |
Signage maintenance- Various sites |
$6,400.72 |
MFS |
|
EFT36208 |
24/06/2016 |
SURFMET PTY LTD T/A KIMBERLEY SOILS LABORATORY |
Supply materials- Hamersley Haas Roundabout Project |
$2,183.50 |
MFS |
|
EFT36209 |
24/06/2016 |
T - QUIP |
Equipment replacement, stump grinder- P&G |
$6,264.50 |
MFS |
|
EFT36210 |
24/06/2016 |
TALIS CONSULTANTS |
Upgrade to asset management plan- Infrastructure |
$5,500.00 |
MFS |
|
EFT36211 |
24/06/2016 |
TERRITORY RURAL BROOME |
Weed control equipment- P&G |
$1,894.81 |
MFS |
|
EFT36212 |
24/06/2016 |
TOXFREE |
Waste services- Nursery |
$109.21 |
MFS |
|
EFT36213 |
24/06/2016 |
TRADELINK PLUMBING SUPPLIES |
Maintenance equipment- Depot |
$492.88 |
MFS |
|
EFT36214 |
24/06/2016 |
UDLA |
Consultants fee (RFQ 16-26) - Broome Recreation Trails Masterplan |
$9,185.00 |
MFS |
|
EFT36215 |
24/06/2016 |
UNBOUND SOUND |
Production expenses & equipment- Civic centre |
$5,310.00 |
MFS |
|
EFT36216 |
24/06/2016 |
WEST AUSTRALIAN NEWSPAPERS |
Advertising & promotions- Various Shire Departments |
$3,795.68 |
MFS |
|
EFT36217 |
24/06/2016 |
WEST COAST ON HOLD |
Council newsletter & community information- Media |
$69.00 |
MFS |
|
EFT36218 |
24/06/2016 |
WILD MANGO CAFE |
Catering workshop- Development Services |
$172.50 |
MFS |
|
EFT36219 |
24/06/2016 |
WIRTGEN AUSTRALIA PTY LTD |
Roller parts- Works |
$1,461.00 |
MFS |
|
EFT36220 |
27/06/2016 |
AARLI BAR |
Catering- LGMA Challenge |
$1,198.50 |
MFS |
|
EFT36221 |
27/06/2016 |
ANNETTE DAHL GREGORY |
Town rubbish bag collection- P&G |
$27.50 |
MFS |
|
EFT36222 |
27/06/2016 |
ATI-MIRAGE |
Training fees- HR |
$5,555.00 |
MFS |
|
EFT36223 |
27/06/2016 |
BITUMEN SEALING SERVICES PTY LTD (BSS) |
Contractor sealing works- Hamersley and Haas street & Blackman St |
$16,826.48 |
MFS |
|
EFT36224 |
27/06/2016 |
BOC LIMITED |
Gas cylinders- Workshop & Depot |
$101.49 |
MFS |
|
EFT36225 |
27/06/2016 |
BP AUSTRALIA PTY LTD - FUEL |
Diesel Shire fleets- Depot |
$16,128.34 |
MFS |
|
EFT36226 |
27/06/2016 |
BRIDGESTONE AUSTRALIA LTD |
Vehicle repairs- Workshop |
$1,278.20 |
MFS |
|
EFT36227 |
27/06/2016 |
BROOME AUTO EXCELLENCE |
Vehicle service- Workshop |
$578.40 |
MFS |
|
EFT36228 |
27/06/2016 |
BROOME BOLT SUPPLIES WA PTY LTD |
Tools & equipment- Various Shire sites |
$858.77 |
MFS |
|
EFT36229 |
27/06/2016 |
BROOME CLARK RUBBER |
Aquatic chemicals- BRAC |
$862.56 |
MFS |
|
EFT36230 |
27/06/2016 |
BROOME DIESEL & HYDRAULIC SERVICE |
Vehicle repair- Workshop |
$2,383.35 |
MFS |
|
EFT36231 |
27/06/2016 |
BROOME MOTORS |
Vehicle repair- Workshop |
$388.60 |
MFS |
|
EFT36232 |
27/06/2016 |
BROOME PLUMBING & GAS |
Plumbing work- Various Shire sites |
$2,254.00 |
MFS |
|
EFT36233 |
27/06/2016 |
BROOME PROGRESSIVE SUPPLIES |
Stock kiosk & other materials- BRAC & Depot |
$2,658.74 |
MFS |
|
EFT36234 |
27/06/2016 |
BROOME SCOOTERS PTY LTD (KIMBERLEY MOWERS & SPARES) |
Equipment replacement- P&G |
$11,270.10 |
MFS |
|
EFT36235 |
27/06/2016 |
BROOME TRAVEL CENTRE |
Shire staff flights- Building Department |
$849.71 |
MFS |
|
EFT36236 |
27/06/2016 |
CABLE BEACH TYRE SERVICE PTY LTD T/AS BRIDGESTONE BROOME |
Tyre repair- Workshop |
$4,237.50 |
MFS |
|
EFT36237 |
27/06/2016 |
COATES HIRE OPERATIONS PTY LTD |
Safety barriers- Works |
$719.14 |
MFS |
|
EFT36238 |
27/06/2016 |
COCA COLA AMATIL |
Stock & consumables- BRAC |
$3,482.31 |
MFS |
|
EFT36239 |
27/06/2016 |
DAVID GRAY & CO PTY LTD |
Litter control- Depot |
$840.46 |
MFS |
|
EFT36240 |
27/06/2016 |
DEANO'S CANVAS WORKS |
Shade sail repairs- Various Shire sites |
$952.60 |
MFS |
|
EFT36241 |
27/06/2016 |
DORMA AUTOMATICS PTY LTD |
Property maintenance- BRAC |
$220.00 |
MFS |
|
EFT36242 |
27/06/2016 |
EARTHWORKS TRAINING & ASSESSMENT |
Training traffic management- Infrastructure |
$3,390.00 |
MFS |
|
EFT36243 |
27/06/2016 |
EXELNETWORK PTY LTD |
Safety testing- Depot |
$570.90 |
MFS |
|
EFT36244 |
27/06/2016 |
FENCEMAKERS |
General Building & facility maintenance- BRAC |
$690.00 |
MFS |
|
EFT36245 |
27/06/2016 |
FIELD AIR CONDITIONING & AUTO ELECTRICAL PTY LTD |
Vehicle repairs- Workshop & Depot |
$1,105.45 |
MFS |
|
EFT36246 |
27/06/2016 |
GALVINS PLUMBING PLUS |
Purchase of material- Depot & Events |
$112.79 |
MFS |
|
EFT36247 |
27/06/2016 |
GITTCRETE |
Drainage works (RFQ16-40)- Maritana Park |
$1,078.00 |
MFS |
|
EFT36248 |
27/06/2016 |
GREENWAY ENTERPRISES |
Landscaping & minor tools- Hamersley & Haas Street roundabout & P&G |
$1,814.60 |
MFS |
|
EFT36249 |
27/06/2016 |
HOLDFAST FLUID POWER NW PTY LTD |
Vehicle repairs- Workshop |
$39.89 |
MFS |
|
EFT36250 |
27/06/2016 |
JETRIDGE HOLDINGS PTY LTD |
Pump Maintenance & repairs- Roebuck Bay caravan park & BRAC |
$1,490.00 |
MFS |
|
EFT36251 |
27/06/2016 |
KIMBERLEY CAMPING & OUTBACK SUPPLIES |
Staff uniform |
$1,076.50 |
MFS |
|
EFT36252 |
27/06/2016 |
KIMBERLEY FUEL & OIL SERVICES |
Oils & lubricants- Workshop |
$1,115.01 |
MFS |
|
EFT36253 |
27/06/2016 |
KIMBERLEY GOLD PURE DRINKING WATER |
Drinking water- Administration building |
$133.00 |
MFS |
|
EFT36254 |
27/06/2016 |
KIMBERLEY KERBS |
Kerb construction- Maritana Park, Dickson Drive & Hamersley Street |
$7,882.05 |
MFS |
|
EFT36255 |
27/06/2016 |
LITTLE WING PRODUCTIONS |
Performance production expenses- Civic Centre |
$2,500.00 |
MFS |
|
EFT36256 |
27/06/2016 |
MCCORRY BROWN EARTHMOVING PTY LTD |
Road formation- Various Shire sites |
$24,260.50 |
MFS |
|
EFT36257 |
27/06/2016 |
MCKENO BLOCKS & PAVERS |
Road formation- Frederick Street & Dampier Street connection & Hamersley and Haas Street |
$3,935.25 |
MFS |
|
EFT36258 |
27/06/2016 |
MJB INDUSTRIES |
Drainage maintenance- Works |
$745.80 |
MFS |
|
EFT36259 |
27/06/2016 |
NORTH WEST LOCKSMITHS |
Maintenance supplies- Frederick St & Dampier St connection |
$1,995.00 |
MFS |
|
EFT36260 |
27/06/2016 |
OFFICEMAX AUSTRALIA LTD |
Occupation health & safety equipment- HR |
$774.35 |
MFS |
|
EFT36261 |
27/06/2016 |
ROEBUCK WELDING SERVICES |
Fencing & vehicle repair- Town Beach waterpark & Workshop |
$412.50 |
MFS |
|
EFT36262 |
27/06/2016 |
ROSMECH SALES & SERVICE PTY LTD |
Vehicle plant renewal (RFQ 15-53)- Depot |
$298,903.00 |
MFS |
|
EFT36263 |
27/06/2016 |
SECUREX SECURITY PTY LTD |
Security expenses- Shire Office Haas St |
$120.00 |
MFS |
|
EFT36264 |
27/06/2016 |
SPORTS MEDICINE AUSTRALIA |
Sports Medicine Australia workshops- Club Development Program |
$1,010.00 |
MFS |
|
EFT36265 |
27/06/2016 |
TNT AUSTRALIA PTY LTD T/AS TNT EXPRESS |
Freight- Health |
$104.92 |
MFS |
|
EFT36266 |
27/06/2016 |
VERB ADVERTISING |
Advertising & promotion- Civic Centre |
$990.00 |
MFS |
|
EFT36267 |
27/06/2016 |
WEST COAST PLAN - ANDREW PAWLUK |
Planning consultancy fees- KRO |
$1,936.00 |
MFS |
|
EFT36268 |
27/06/2016 |
WESTERN IRRIGATION PTY LTD |
Maintenance & repairs- P&G |
$8,206.00 |
MFS |
|
EFT36269 |
27/06/2016 |
WILD MANGO CAFE |
Catering Developing Business Plan- HR |
$170.00 |
MFS |
|
EFT36270 |
27/06/2016 |
WOOLWORTHS LIMITED (96000235) |
Consumables & food items- Depot & Infrastructure |
$314.98 |
MFS |
|
EFT36271 |
27/06/2016 |
WURTH AUSTRALIA PTY LTD |
Consumables- Workshop |
$1,520.84 |
MFS |
|
EFT36272 |
28/06/2016 |
ADINA VIBE DARWIN WATERFRONT (MEDINA PROPERTY SERVICES T/AS) |
Accommodation for Shire President- Developing Northern Aust Conference |
$1,795.00 |
MFS |
|
EFT36273 |
28/06/2016 |
AVERY AIRCONDITIONING PTY LTD |
Air conditioning & ventilation works- Various Shire sites |
$14,074.94 |
MFS |
|
EFT36274 |
28/06/2016 |
BENJAMIN MICHAEL LITTLE |
Refund planning application- Planning Services |
$73.50 |
MFS |
|
EFT36275 |
28/06/2016 |
BROOME ACCIDENT REPAIR CENTRE |
Excess insurance- Workshop |
$500.00 |
MFS |
|
EFT36276 |
28/06/2016 |
BROOME CLARK RUBBER |
Aquatic chemicals- Various Shire sites |
$1,211.64 |
MFS |
|
EFT36277 |
28/06/2016 |
BROOME NETBALL ASSOCIATION |
Grant Department of Sport and Recreation Kid Sport- Community Services |
$5,060.00 |
MFS |
|
EFT36278 |
28/06/2016 |
BROOME PLUMBING & GAS |
Plumbing work- Town Beach |
$100.00 |
MFS |
|
EFT36279 |
28/06/2016 |
BROOME PROGRESSIVE SUPPLIES |
Store & kiosk stock- Depot & BRAC |
$1,249.14 |
MFS |
|
EFT36280 |
28/06/2016 |
BROOME SMALL MAINTENANCE SERVICES |
Building maintenance & repairs- Various Shire sites |
$1,175.50 |
MFS |
|
EFT36281 |
28/06/2016 |
BROOME TOWING & SALVAGE |
Impounding of vehicles expenses- Rangers |
$176.00 |
MFS |
|
EFT36282 |
28/06/2016 |
CASTROL AUSTRALIA PTY LTD |
Oils & lubricants- Workshop |
$355.97 |
MFS |
|
EFT36283 |
28/06/2016 |
COASTAL DISTRIBUTING & PROVEDORING ( CDP ) |
Stock kiosk- BRAC |
$486.79 |
MFS |
|
EFT36284 |
28/06/2016 |
COATES HIRE OPERATIONS PTY LTD |
Hire safety barriers- Sector 3 Old Broome |
$179.78 |
MFS |
|
EFT36285 |
28/06/2016 |
COCA COLA AMATIL |
Stock kiosk- BRAC |
$2,070.73 |
MFS |
|
EFT36286 |
28/06/2016 |
DANS QUALITY PAINTING & DECORATING PTY LTD |
Painting services- KRO2 |
$2,783.00 |
MFS |
|
EFT36287 |
28/06/2016 |
DATA#3 LIMITED |
Maintenance & supplies- IT |
$8,113.95 |
MFS |
|
EFT36288 |
28/06/2016 |
DOMINO'S PIZZA |
Catering- Youth Advisory Council |
$99.60 |
MFS |
|
EFT36289 |
28/06/2016 |
ELITE POOL COVERS PTY LTD |
Replacement equipment- BRAC |
$86.00 |
MFS |
|
EFT36290 |
28/06/2016 |
FIELD AIR CONDITIONING & AUTO ELECTRICAL PTY LTD |
Vehicle repairs- Workshop |
$406.70 |
MFS |
|
EFT36291 |
28/06/2016 |
HERBERT SMITH FREEHILLS |
Legal expenses- Foundation & BOSCCA Care lease agreements |
$2,994.56 |
MFS |
|
EFT36292 |
28/06/2016 |
J BLACKWOOD & SON T/AS BLACKWOODS |
Consumables & safety equipment- Depot & Workshop |
$677.96 |
MFS |
|
EFT36293 |
28/06/2016 |
KIMBERLEY DISTRIBUTORS |
Stock kiosk- BRAC |
$1,070.00 |
MFS |
|
EFT36294 |
28/06/2016 |
KIMBERLEY FUEL & OIL SERVICES |
Engine, hydraulic oil & other materials- Waste Management Facility |
$1,558.58 |
MFS |
|
EFT36295 |
28/06/2016 |
KIMBERLEY GOLD PURE DRINKING WATER |
Drinking water- Waste Management Facility |
$152.00 |
MFS |
|
EFT36296 |
28/06/2016 |
KIMBERLEY LINEMARKING |
Works & footpath maintenance- Various Shire sites |
$7,381.00 |
MFS |
|
EFT36297 |
28/06/2016 |
KIMBERLEY STRUCTURAL CONSULTING ENGINEERS |
Leased expenses- Gantheaume Rotunda |
$1,045.00 |
MFS |
|
EFT36298 |
28/06/2016 |
LEADING EDGE COMPUTERS |
Equipment maintenance & supplies - IT |
$39.95 |
MFS |
|
EFT36299 |
28/06/2016 |
MARKETFORCE |
Recruitment expenses- HR |
$198.00 |
MFS |
|
EFT36300 |
28/06/2016 |
MATSO'S BROOME BREWERY |
Organisational training- Community Services |
$286.00 |
MFS |
|
EFT36301 |
28/06/2016 |
MERCURE INN BROOME |
Accommodation trainer- HR |
$338.00 |
MFS |
|
EFT36302 |
28/06/2016 |
MICHAEL JAMES DOYLE |
Reimbursement expenses food allowance- Infrastructure |
$58.50 |
MFS |
|
EFT36303 |
28/06/2016 |
NORTH WEST STRATA SERVICES (NWSS) |
Levies staff housing- Key workers housing |
$3,486.80 |
MFS |
|
EFT36304 |
28/06/2016 |
OFFICE NATIONAL BROOME |
Stationary expenses- Various Shire Departments |
$802.30 |
MFS |
|
EFT36305 |
28/06/2016 |
ONE DEGREE ADVISORY PTY LTD |
HR consultant travel costs- HR |
$351.29 |
MFS |
|
EFT36306 |
28/06/2016 |
COAST & COUNTRY ELECTRICS |
Electrical work- BRAC |
$801.43 |
MFS |
|
EFT36307 |
28/06/2016 |
PERRY PAUNICH MAINTENANCE CONTRACTORS ( PPMC ) |
Building maintenance- Broome Visitor Centre & KRO2 |
$2,076.36 |
MFS |
|
EFT36308 |
28/06/2016 |
PMK WELDING & METAL FABRICATION |
Diesel tank repairs- Workshop |
$203.50 |
MFS |
|
EFT36309 |
28/06/2016 |
REDWAVE MEDIA PTY LTD |
Subscription fees- Media |
$2,420.00 |
MFS |
|
EFT36310 |
28/06/2016 |
REEN AUTO ELECTRICS |
Vehicle repair- Workshop |
$330.00 |
MFS |
|
EFT36311 |
28/06/2016 |
REGAL TRANSPORT |
Freight- P&G, Workshop |
$282.57 |
MFS |
|
EFT36312 |
28/06/2016 |
REPCO (EXEGO PTY LTD) |
Consumables- Depot |
$167.17 |
MFS |
|
EFT36313 |
28/06/2016 |
ROBERT JOHN RAMPAL |
Reimbursement training expenses- Building Department |
$79.89 |
MFS |
|
EFT36314 |
28/06/2016 |
SEAMLESS CMS PTY LTD |
Seamless hosting fees- HR |
$998.80 |
MFS |
|
EFT36315 |
28/06/2016 |
SEAT ADVISOR PTY LTD |
Ticket sale fees- Civic Centre |
$458.65 |
MFS |
|
EFT36316 |
28/06/2016 |
SECUREX SECURITY PTY LTD |
Security & other operational expenses- Shire Office Barker St |
$197.00 |
MFS |
|
EFT36317 |
28/06/2016 |
SPORTSPOWER BROOME |
Divisional prizes for BRAC 2 Beach fun run- BRAC |
$800.00 |
MFS |
|
EFT36318 |
28/06/2016 |
STOTT & HOARE BUSINESS COMPUTERS |
Equipment & minor assets (RFQ 16-36)- IT |
$54,245.40 |
MFS |
|
EFT36319 |
28/06/2016 |
THE WORKWEAR GROUP (NNT) |
Staff uniform |
$544.50 |
MFS |
|
EFT36320 |
28/06/2016 |
TNT AUSTRALIA PTY LTD T/AS TNT EXPRESS |
Freight- Workshop & Depot |
$248.50 |
MFS |
|
EFT36321 |
28/06/2016 |
TOLL IPEC PTY LTD |
Freight- BRAC |
$41.07 |
MFS |
|
EFT36322 |
28/06/2016 |
TOXFREE |
Waste services- BRAC |
$857.00 |
MFS |
|
EFT36323 |
28/06/2016 |
UNBOUND SOUND |
Audio & visual equipment- Civic Centre |
$1,720.00 |
MFS |
|
EFT36324 |
28/06/2016 |
UNIVERSITY OF SOUTH AUSTRALIA |
Annual subscription for benchmarking and performance indicators- BRAC |
$530.00 |
MFS |
|
EFT36325 |
28/06/2016 |
VANDERFIELD PTY LTD |
Vehicle & plant renewal (RFQ 16-02)- Depot |
$11,407.00 |
MFS |
|
EFT36326 |
28/06/2016 |
VIVA ENERGY AUSTRALIA |
Fuel card purchases- Various Shire vehicles |
$106.79 |
MFS |
|
EFT36327 |
28/06/2016 |
WESTERN AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION (WALGA) |
Recruitment fees of the Shire DCEO- HR |
$10,516.00 |
MFS |
|
EFT36328 |
28/06/2016 |
XCY PTY LTD |
Equipment & maintenance supplies- IT |
$1,857.68 |
MFS |
|
EFT36329 |
29/06/2016 |
IGA - SEAVIEW (BROOME INVESTMENT GROUP PTY LTD T/AS) |
Daily & weekly newspapers- Library |
$233.60 |
MFS |
|
EFT36330 |
29/06/2016 |
12 MILE SHADE & CANVAS |
Install shade sail- Janiburu park |
$1,496.00 |
MFS |
|
EFT36331 |
29/06/2016 |
AAA ASPHALT |
Seal- Various Shire sites |
$196,853.40 |
MFS |
|
EFT36332 |
29/06/2016 |
ABLE ELECTRICAL (WA) PTY LTD |
Street lighting maintenance- Cable Beach & Surf Club |
$5,192.00 |
MFS |
|
EFT36333 |
29/06/2016 |
AIR LIQUIDE |
Rental cylinders- Depot & BRAC |
$102.03 |
MFS |
|
EFT36334 |
29/06/2016 |
AMO CONTRACTING |
Footpath contractor (RFQ 13-08)- Frederick Street and Dampier St Connection |
$73,998.10 |
MFS |
|
EFT36335 |
29/06/2016 |
ASTRO SYNTHETIC SURFACES |
Playground softfall works (RFQ 16-22)- Town Beach |
$59,004.00 |
MFS |
|
EFT36336 |
29/06/2016 |
BRIDGESTONE AUSTRALIA LTD |
Tyre repairs- Workshop |
$1,137.02 |
MFS |
|
EFT36337 |
29/06/2016 |
BROOME FREIGHTLINES ( CTI ONTRAQ ) |
Freight- P&G |
$467.62 |
MFS |
|
EFT36338 |
29/06/2016 |
BROOME SCOOTERS PTY LTD (KIMBERLEY MOWERS & SPARES) |
Chainsaw servicing- P&G |
$1,651.00 |
MFS |
|
EFT36339 |
29/06/2016 |
CABLE BEACH ELECTRICAL SERVICE |
Electrical work- Town Beach waterpark & Male Oval |
$2,640.00 |
MFS |
|
EFT36340 |
29/06/2016 |
COCA COLA AMATIL |
Stock kiosk- BRAC |
$1,923.75 |
MFS |
|
EFT36341 |
29/06/2016 |
DEANO'S CANVAS WORKS |
Protector cover for Fertilizer Spreader- P&G |
$1,940.40 |
MFS |
|
EFT36342 |
29/06/2016 |
FIONA RAHMAN |
Rates refund for assessment overpayment of A100360 |
$1,000.00 |
MFS |
|
EFT36343 |
29/06/2016 |
FIRE & SAFETY SERVICES |
Building maintenance- Civic Centre |
$106.70 |
MFS |
|
EFT36344 |
29/06/2016 |
FORPARK AUSTRALIA |
Material purchase (RFQ 16-04)- Town Beach Playground |
$36,543.10 |
MFS |
|
EFT36345 |
29/06/2016 |
GITTCRETE |
Footpath maintenance (RFQ 16-44)- Hamersley and Haas Streets |
$33,651.20 |
MFS |
|
EFT36346 |
29/06/2016 |
GREENHILLS TURF FARM |
Insect spraying- P&G |
$1,124.50 |
MFS |
|
EFT36347 |
29/06/2016 |
IAN CHESTER |
Reimbursement of sundry equipment- BRAC |
$24.85 |
MFS |
|
EFT36348 |
29/06/2016 |
KIMBERLEY CAMPING & OUTBACK SUPPLIES |
Staff uniform |
$312.55 |
MFS |
|
EFT36349 |
29/06/2016 |
KIMBERLEY DISTRIBUTORS |
Consumables kiosk- BRAC |
$846.78 |
MFS |
|
EFT36350 |
29/06/2016 |
KIMBERLEY GOLD PURE DRINKING WATER |
Drinking water- Infrastructure |
$76.00 |
MFS |
|
EFT36351 |
29/06/2016 |
KIMBERLEY GROUP TRAINING (KGT) |
Adhoc Community sponsorship. Excellence Award- Community Services |
$500.00 |
MFS |
|
EFT36352 |
29/06/2016 |
KIMBERLEY KERBS |
Roundabout kerbing (RFQ 15-39)- Haas St & Hamersley St |
$15,421.45 |
MFS |
|
EFT36353 |
29/06/2016 |
KYLE ANDREWS FOUNDATION INC |
Community sponsorship- Community Services |
$2,000.00 |
MFS |
|
EFT36354 |
29/06/2016 |
MARKETFORCE |
Advertising expenses- Governance |
$402.19 |
MFS |
|
EFT36355 |
29/06/2016 |
MG TYRES |
Material purchase- Workshop |
$100.00 |
MFS |
|
EFT36356 |
29/06/2016 |
MOORE STEPHENS (WA) PTY LTD |
Audit fees (RFT 15-06)- Governance |
$7,320.25 |
MFS |
|
EFT36357 |
29/06/2016 |
NORTH WEST COAST SECURITY |
Security expenses- Civic Centre |
$885.50 |
MFS |
|
EFT36358 |
29/06/2016 |
NORTHWEST HYDRO SOLUTIONS (PATRICK ANNESLEY) |
Reticulation parts, materials & consumables- P&G |
$227.22 |
MFS |
|
EFT36359 |
29/06/2016 |
OFFICE NATIONAL BROOME |
Stationary expenses- BRAC |
$101.40 |
MFS |
|
EFT36360 |
29/06/2016 |
OHURA CONSULTING |
EBA employer representative- HR |
$8,046.61 |
MFS |
|
EFT36361 |
29/06/2016 |
COAST & COUNTRY ELECTRICS |
Electrical work- Mulberry Tree Childcare |
$213.68 |
MFS |
|
EFT36362 |
29/06/2016 |
PINDAN LABOUR SOLUTIONS PTY LTD (A DIVISION OF DFP RECRUITMENT) |
Labour hire- Various Shire positions |
$14,568.53 |
MFS |
|
EFT36363 |
29/06/2016 |
PRD NATIONWIDE |
Strata & water levies- Community Storage shed |
$792.19 |
MFS |
|
EFT36364 |
29/06/2016 |
ROEBUCK WELDING SERVICES |
Repair tanks pump- BRAC & Town Beach Water Park |
$7,810.00 |
MFS |
|
EFT36365 |
29/06/2016 |
SIGNET PTY LTD |
Security signage- Shire offices |
$39.91 |
MFS |
|
EFT36366 |
29/06/2016 |
SILVERFERN IT |
Equipment maintenance & supplies- IT |
$56.38 |
MFS |
|
EFT36367 |
29/06/2016 |
SLATER & GARTRELL SPORTS |
Sports equipment- BRAC |
$267.30 |
MFS |
|
EFT36368 |
29/06/2016 |
TECHNIWORKS ACTION LEARNING PTY LTD |
Organisational training- HR |
$6,930.00 |
MFS |
|
EFT36369 |
29/06/2016 |
TELSTRA |
Phone charges- Various Shire phones |
$571.68 |
MFS |
|
EFT36370 |
29/06/2016 |
THE MANGROVE RESORT HOTEL (GARRETT HOSPITALITY PTY LTD) |
Team building- Development Services |
$369.50 |
MFS |
|
EFT36371 |
29/06/2016 |
TOTAL EDEN PTY LTD |
Reticulation parts, materials & consumables- P&G |
$4,528.78 |
MFS |
|
EFT36372 |
29/06/2016 |
TOTALLY WORKWEAR |
Staff uniform |
$1,015.60 |
MFS |
|
EFT36373 |
29/06/2016 |
TUDOR HOUSE |
Printing WALGA banner- Governance |
$363.55 |
MFS |
|
EFT36374 |
29/06/2016 |
WILD MANGO CAFE |
Catering workshop meeting June 16- Governance |
$152.50 |
MFS |
|
EFT36375 |
29/06/2016 |
H & M TRACEY CONSTRUCTION PTY LTD |
Crossover Subsidy - Lot 1013/39 Songlark Loop |
$500.00 |
MFS |
|
EFT36376 |
30/06/2016 |
H & M TRACEY CONSTRUCTION PTY LTD |
Crossover Subsidy - Lot 1013/39 Songlark Loop |
$15.00 |
MFS |
|
MUNICIPAL ELECTRONIC FUNDS TRANSFER TOTAL: |
$5,328,785.28 |
||||
|
MUNICIPAL CHEQUES - JUNE 2016 |
|||||
|
Cheque |
Date |
Name |
Description |
Amount |
Del Auth |
|
57407 |
02/06/2016 |
BROOME SHIRE COUNCIL |
Petty Cash- Library |
$158.65 |
MFS |
|
57408 |
02/06/2016 |
BROOME TRAVEL CENTRE |
Flights- Various Shire staff |
$1,394.00 |
MFS |
|
57409 |
12/06/2016 |
DEPARTMENT OF TRANSPORT (REGISTRATION) |
Vehicle & plant registration for Shire fleet as per schedule B9240 to 30/06/17- Workshop |
$25,217.50 |
MFS |
|
57410 |
27/06/2016 |
BROOME SHIRE COUNCIL |
Additional float for Kimberley Cup- BRAC |
$400.00 |
MFS |
|
MUNICIPAL CHEQUES TOTAL: |
$27,170.15 |
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TRUST CHEQUES - JUNE 2016 |
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|
Cheque |
Date |
Name |
Description |
Amount |
Del Auth |
|
3415 |
13/05/2016 |
BUILDING & CONSTRUCTION INDUSTRY TRAINING FUND |
BCITF LEVY MARCH+APRIL 2016 |
$12,650.34 |
MFS |
|
TRUST CHEQUES TOTAL: |
$12,650.34 |
|
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MUNICIPAL DIRECT DEBIT/CREDIT CARD PAYMENTS - JUNE 2016 |
|||||
|
DD# |
Date |
Name |
Description |
Amount |
Del Auth |
|
DD20630.2 |
01/06/2016 |
AIRNORTH |
Flights- Various Shire staff |
$1,874.58 |
MFS |
|
DD20630.3 |
01/06/2016 |
QANTAS AIRWAYS |
Flights- Various Shire staff |
$2,637.00 |
MFS |
|
DD20630.4 |
01/06/2016 |
VIRGIN AUSTRALIA |
Flights- Various Shire staff |
$678.40 |
MFS |
|
DD20630.5 |
01/06/2016 |
WESTERN ANGLER MAGAZINE |
12 month subscription 2016/2017- Library |
$45.00 |
MFS |
|
DD20630.6 |
01/06/2016 |
BUDGET CAR & TRUCK RENTAL |
Car hire- Various Shire staff |
$1,594.66 |
MFS |
|
DD20630.7 |
01/06/2016 |
ADINA VIBE DARWIN WATERFRONT (MEDINA PROPERTY SERVICES T/AS) |
Accommodation for Deputy Shire President & Shire President for conference |
$89.47 |
MFS |
|
DD20630.8 |
01/06/2016 |
|
Online Facebook promotion- Broome Civic Centre |
$129.29 |
MFS |
|
DD20408.1 |
07/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$63,204.26 |
MFS |
|
DD20408.2 |
07/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$269.95 |
MFS |
|
DD20408.3 |
07/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$267.95 |
MFS |
|
DD20408.4 |
07/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$403.30 |
MFS |
|
DD20408.5 |
07/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$814.64 |
MFS |
|
DD20408.6 |
07/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$1,679.29 |
MFS |
|
DD20408.7 |
07/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$583.54 |
MFS |
|
DD20408.8 |
07/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$66.62 |
MFS |
|
DD20408.9 |
07/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$280.70 |
MFS |
|
DD20408.10 |
07/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$346.73 |
MFS |
|
DD20408.11 |
07/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$273.10 |
MFS |
|
DD20408.12 |
07/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$407.50 |
MFS |
|
DD20408.13 |
07/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$559.29 |
MFS |
|
DD20408.14 |
07/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$278.37 |
MFS |
|
DD20408.15 |
07/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$247.25 |
MFS |
|
DD20408.16 |
07/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$273.10 |
MFS |
|
DD20408.17 |
07/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$1,399.96 |
MFS |
|
DD20408.18 |
07/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$486.27 |
MFS |
|
DD20408.19 |
07/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$1,207.21 |
MFS |
|
DD20408.20 |
07/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$529.12 |
MFS |
|
DD20408.21 |
07/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$288.11 |
MFS |
|
DD20408.22 |
07/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$906.89 |
MFS |
|
DD20484.1 |
21/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$64,881.82 |
MFS |
|
DD20484.2 |
21/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$269.95 |
MFS |
|
DD20484.3 |
21/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$183.65 |
MFS |
|
DD20484.4 |
21/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$596.82 |
MFS |
|
DD20484.5 |
21/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$470.94 |
MFS |
|
DD20484.6 |
21/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$810.60 |
MFS |
|
DD20484.7 |
21/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$1,385.63 |
MFS |
|
DD20484.8 |
21/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$583.54 |
MFS |
|
DD20484.9 |
21/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$27.49 |
MFS |
|
DD20527.1 |
21/06/2016 |
BROOME COMMONWEALTH TRADING BANK |
Loan No. 171 Interest payment - BRAC building Loan |
$56,715.65 |
MFS |
|
DD20484.10 |
21/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$280.70 |
MFS |
|
DD20484.11 |
21/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$346.73 |
MFS |
|
DD20484.12 |
21/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$434.66 |
MFS |
|
DD20484.13 |
21/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$245.79 |
MFS |
|
DD20484.14 |
21/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$559.29 |
MFS |
|
DD20484.15 |
21/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$278.37 |
MFS |
|
DD20484.16 |
21/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$226.35 |
MFS |
|
DD20484.17 |
21/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$279.21 |
MFS |
|
DD20484.18 |
21/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$1,266.72 |
MFS |
|
DD20484.19 |
21/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$1,220.69 |
MFS |
|
DD20484.20 |
21/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$486.27 |
MFS |
|
DD20484.21 |
21/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$382.41 |
MFS |
|
DD20484.22 |
21/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$288.11 |
MFS |
|
DD20484.23 |
21/06/2016 |
SUPERANNUATION |
Superannuation contributions |
$927.89 |
MFS |
|
DD20630.1 |
22/06/2016 |
WOTIF.COM PTY LTD |
Accommodation for HR Manager training- HR |
$200.00 |
MFS |
|
DD20660.1 |
23/06/2016 |
AIRNORTH |
Flights (Changing fees)- Shire staff |
$266.90 |
MFS |
|
DD20660.2 |
23/06/2016 |
OFFICEWORKS SUPERSTORES |
Refund of lifeproof Ipad Air case- Health |
-$336.00 |
MFS |
|
DD20660.3 |
23/06/2016 |
VIRGIN AUSTRALIA |
Flights- Various Shire staff |
$1,518.10 |
MFS |
|
DD20660.4 |
23/06/2016 |
ADINA VIBE DARWIN WATERFRONT (MEDINA PROPERTY SERVICES T/AS) |
Event charges for Shire President & Deputy Shire President to attend the '2016 Developing Northern Australia Conference' and KRG Planning session in Darwin- Executive travel |
$2,030.00 |
MFS |
|
DD20660.5 |
23/06/2016 |
AST MANAGEMENT |
Conference fee for CEO & Deputy Shire President to attend the '2016 Developing Northern Australia Conference' June in Darwin- Executive Travel |
$100.00 |
MFS |
|
DD20660.6 |
23/06/2016 |
BROOME COMMONWEALTH TRADING BANK |
Credit card annual fee- Bank charges |
$40.00 |
MFS |
|
DD20671.1 |
26/06/2016 |
AIRNORTH |
Flights (Changing fees)- Shire staff |
$266.90 |
MFS |
|
DD20671.2 |
26/06/2016 |
QANTAS AIRWAYS |
Flights- Shire staff |
$997.00 |
MFS |
|
DD20671.3 |
26/06/2016 |
QANTAS AIRWAYS |
Flights- Shire staff |
$202.01 |
MFS |
|
DD20527.2 |
27/06/2016 |
WESTERN AUSTRALIAN TREASURY CORPORATION |
Loan No. 193 & Loan.191 fixed component - Civic Centre redevelopment loan & BRAC Stage 2B BRAC Ovals |
$292,848.36 |
MFS |
|
DD20562.1 |
29/06/2016 |
WESTERN AUSTRALIAN TREASURY CORPORATION |
Loan No. 182 & Loan No. 182 fixed component - Broome Visitor Centre & Millington Road drainage upgrade |
$85,088.73 |
MFS |
|
DD20369.5 |
30/06/2016 |
CIRCUITWEST inc. |
Showcase registration- Civic Centre |
$330.30 |
MFS |
|
DD20369.9 |
30/06/2016 |
WESTERN AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION (WALGA) |
Refund CEO Roundtable lunch- Governance |
-$55.00 |
MFS |
|
MUNICIPAL DIRECT DEBIT TOTAL: |
$598,468.13 |
||||
|
MUNICIPAL ELECTRONIC TRANSFER TOTAL |
$5,328,785.28 |
||||
|
MUNICIPAL CHEQUES TOTAL |
$27,170.15 |
||||
|
TRUST CHEQUE TOTAL |
$12,650.34 |
||||
|
MUNICIPAL DIRECT DEBIT/ CREDIT CARD TOTAL |
$598,468.13 |
||||
|
TOTAL PAYMENTS - JUNE 2016 |
$5,967,073.90 |
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|
Key for Delegation of Authority: |
|||||
|
CEO |
Chief Executive Officer |
||||
|
MFS |
Manager Financial Services |
||||
|
AMFS |
Acting Manager Financial Services |
||||
|
DCS |
Director Corporate Services |
||||
|
9.4.2 MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT JUNE 2016 LOCATION/ADDRESS: Nil APPLICANT: Nil FILE: FRE02 AUTHOR: Senior Finance Officer CONTRIBUTOR/S: Manager Financial Services RESPONSIBLE OFFICER: Acting Director Corporate Services DISCLOSURE OF INTEREST: Nil DATE OF REPORT: 11 July 2016 |
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SUMMARY: Council is required by legislation to consider and adopt the Monthly Statement of Financial Activity Report for the period ended 30 June 2016, as required by Regulation 34(1) of the Local Government (Financial Management) Regulations 1996 (FMR). Council is further provided with a General Fund Summary of Financial Activity (Schedules 2 to 14) which provides comprehensive information on Council’s Operations by Function and Activity. |
BACKGROUND
Previous Considerations
Council is provided with the Monthly Financial Activity Report which has been developed in line with statutory reporting standards and provides Council with a holistic overview of the operations of the Shire of Broome.
Supplementary information bas 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 2.1.1 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 2015/2016 Annual Budget was adopted at the Special Meeting of Council on 13 August 2015.
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 96.3% has been paid)
Total Other Operating Revenue 98%
Total Operating Expenditure 108%
Total Capital Revenue 29%
Total Capital Expenditure 29%
Total Sale of Assets Revenue 95%
More detailed explanations of variances are contained in Note 2 of the monthly statement of financial activity. The commentary identifies significant variations between the expected year-to-date budget position and the position at the reporting date.
Based on the 2015/2016 Annual Budget presented at the Special Meeting of Council on 13 August 2015, Council adopted an end of year deficit position of $58,452 at 30 June 2016. Budget amendments that have occurred since the adoption of the budget, including the first, second and third Finance and Costing Reviews have resulted in a balanced budget forecast to 30 June 2016.
It should be noted that as the end of year processes are underway, the final end of year position will be presented to Council as part of the Annual Financial Statements. With this in mind this monthly report is presented as a snapshot at this point in time, and may be different to the final presented report to 30 June 2016.
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 subregulation (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 subregulation (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.
(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 —
c) pursuant to subsection (1)(a), it is to be included in the annual budget for that financial year; and
d) pursuant to subsection (1)(c), it is to be reported to the next ordinary meeting of the council.
* Absolute majority required.
POLICY IMPLICATIONS
2.1.1 Materiality in Financial Reporting
FINANCIAL IMPLICATIONS
The adoption of the Monthly Financial Report is retrospective. Accordingly, the financial implications associated with adopting the Monthly 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 Finance and Costing Review 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 Regulation 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
|
That Council: 1. Adopts the Monthly Financial Activity Report for the period ended 30 June 2016 and; 2. Receives the General Fund Summary of Financial Activity (Schedules 2-14) for the period ended 30 June 2016; and 3. Note that end-of-year processes are ongoing and that a final position will be presented as part of the Annual Financial Statements once all processes are completed.
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June 2015-16 - Monthly Financial Activity Statements |
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Appendix A - Supplementary Notes to the Monthly Report June 2016 |
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Summary Schedule General Ledger |
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Schedule 3 - 14 General Ledger |
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Item 9.4.2 - MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT JUNE 2016 |
Monthly Statement of Financial Activity
For The Period Ending 30 June 2016
Appendix A: SUPPLEMENTARY NOTES TO THE MONTHLY REPORT
NOTES TO THIS MONTH’S REPORT
OVERVIEW
For the period ended 30 June 2016, 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 96.3% were paid)
Total Other Operating Revenue 98%
Total Operating Expenditure 108%
Total Capital Revenue 29%
Total Capital Expenditure 29%
Total Sale of Assets Revenue 95%
The budget was adopted at the Special Meeting of Council on 13 August 2015. Council adopted a predicted end-of-year deficit of $58,452 as part of the annual budget, which included approximately $2.3 million of carry over surplus allocated to carry over projects and quarantined 15/16 prepaid general purpose Financial Assistance Grants Scheme funding.
The Annual Financial Report was presented to Council at the October Ordinary Meeting of Council. The final predicted end-of-year position was presented to Council indicating a further $1.1 million of additional surplus. Recommendations were presented alongside the Annual report proposing a transfer of the funds to reserve to help offset the borrowing costs of drawing down the proposed loans to fund significant projects. After the proposed amendments were adopted and applied to the budget, the final impact increased the forecast end-of-year deficit to $150,533.
Further amendments as a result of the first quarter Finance and Costing Review (FACR) were reviewed by the Audit Committee on 15 December 2015 and adopted at the Ordinary Meeting of Council on 17 December 2015. The FACR process identified $552,500 of organisational savings, but a further $449,533 in additional expenditure was identified requiring offset by these savings. The adoption of first quarter FACR amendments resulted in a predicted end-of-year position is a surplus of $102,967.
The second quarter FACR commenced at the end of the January, with the amendments review by the Audit Committee on 15 February 2016. The recommendations of the Audit Committee were put to Council and adopted on 25 February 2016. The second quarter FACR identified $133,295 in additional expenditure plus an additional $7,850 in organisational savings that were recommended to transfer to reserve.
The third quarter FACR commenced in April with the amendments reviewed by the Audit Committee on 10 May 2016. The recommendations of the Audit Committee were put to Council and adopted on 26 May 2016. The second quarter FACR identified $797,613 in organisational savings. It was recommended $704,459 be transferred to reserve with the balance to be offset against the predicted deficit, resulting in a balanced budget.
A detailed list of all amendments year-to-date can be found in Note 5 of the attached report.
It should be noted that the end of financial year (EOFY) processes are currently in progress and this report represents a snapshot at this time of where the budget is currently at. Due to the ongoing processes, some figure reported may change. The Annual Financial Report will be presented to Council once all processes have been completed and report compiled.
ADJUSTMENTS TO DETERMINE THE CASH POSITION
Budget Allocations
A budget amendment was made to reduce the salary and superannuation accounts for Engineering staff in the third quarter FACR due to savings from an unfilled vacant position. A budget amendment was made to reduce plant fuel operating costs in the third quarter FACR due to lower than expected increases in fuel prices.
CURRENT POSITION
The 2014/2015 Annual Financial Statements have been finalised and were presented to Council through the Audit Committee at the October Ordinary Meeting of Council. The final end-of-year position for the 2014/2015 financial year, as reported in the Annual Financial Statements, stands at approximately $3.4million which includes $1.5M of prepaid annual Western Australia Local Government Grants Commission Financial Assistance Grants Scheme funding and untied Road Grants funding, as well as the net carried forward surplus for 2014/2015 projects of approximately $777K as adopted in the 2015/2016 annual budget.
The remaining unallocated portion of the surplus was presented to Council with the recommendation to transfer the funds to reserve to assist in offsetting some of the expenditure from some of the Shire’s major projects. These recommendations were adopted and the amendments applied in October. The budget, along with the application of the end-of-year surplus, was adopted with $58,453 deficit.
Year-to-date, after all amendments adopted by Council, including the first, second and third quarter Finance and Costing Review (FACR), the predicted end-of-year position is a balanced budget.
Currently, at the end of June, the current position stands at $5.9M, however EOFY processes will likely change this final current position.
Cash
Total Cash Assets are now $32.81M having decreased by $4.38M from the previous month.
The major revenue items this month include receipt of:
· $84K from the ATO for the refund of GST;
· $83K from the Department of Planning for grants related to 2 projects;
· $83K from Significant Ratepayers;
· $60K from Broome Visitor Centre for outstanding rent and outgoings.
The major expenditure items this month include payments of:
· $789K to Pearl Coast Properties for work done on the Frederick St Drain Project;
· $348K to Roadline for works done on the Archer St Project;
· $293K in to Rosmech for the purchase of a new road sweeper;
· $293K to Western Australian Treasury Corporation for the final 15/16 instalment on the Shire’s loans;
· $202K to Horizon Power for utility and street lighting charges;
· $197K to AAA Asphalt for works done on the Hamerlsey and Hass St project;
· $175K to McCorry Brown Earthmoving for the provision of plant on the Hamerslay and Haas St Project;
· $136k to Broome Builders for work done on numerous projects;
· $117K to WA Hino for the provision of a new piece of plant;
· $96K to Toxfree for the provision of recycling services.
Receivables
Sundry debtors including GST refundable stand at $1.89M, having increased by $945K from the previous month.
Rates and rubbish debtors stands at $812K; having decreased by approximately $265K against the previous month as outstanding ratepayers continued to pay their rates.
Other Assets
These stand at $87.9K, having decreased by $363 from the previous month.
Cash Liabilities
These have been reduce to nil by 30 June, as we paid our final loan instalment for the financial year.
Creditors and Payables
Sundry Creditors are $2.83M, as invoices were processed and/or are paid. This represents an increase of $1.72M from the previous month.
Other Payables comprising Tax Payable, FESA Levy Collected, Accrued Loan Interest, Prepayments Received and accruals stand at $333K, having increased by $107K from the previous month.
Employee Provisions and Accruals
In the normal course of events, these figures are adjusted in June and July each year by end of year accounting adjustments.
Currently leave provisions are $1,889K. Accruals to reflect the year end position have been completed for the 2014-2015 year.
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9.4.3 PROPOSED POLICY RATE EXEMPTION - CHARITABLE USE LOCATION/ADDRESS: NIL APPLICANT: NIL FILE: ARA11 AUTHOR: Manager Financial Services CONTRIBUTOR/S: Nil RESPONSIBLE OFFICER: Acting Director Corporate Services DISCLOSURE OF INTEREST: NIL DATE OF REPORT: 11 July 2016 |
|
SUMMARY: Council requested the Chief Executive Officer (CEO) to develop a policy to provide guidance on the assessment of future applications for rate exemptions for charitable use (Charitable Use Exemptions). After extensive industry research and legal advice, officers have developed a draft policy for Council adoption. |
BACKGROUND
Previous Considerations
OMC 24 May 2005 Item 9.4.3
OMC 26 February 2015 Item 9.1.4
A number of applications for charitable use rate exemptions have been presented to Council on a case by case basis recently. Currently there is no rating policy to guide the assessment of applications for Charitable Use Exemptions. An extract of the resolution of the OMC held 26 February 2015 Council is as follows:
2. Requests the Chief Executive Officer to lobby the State and Federal governments on the matter of the increasingly onerous financial burden caused by charitable use rate exemptions.
3. Requests the Chief Executive Officer to develop a policy to provide guidance on the assessment of future charitable rate exemption applications.
The scale and extent of applications recently presented to Council, combined with the broad and liberal application by judicial authorities of Common Law definitions of ‘charitable purpose’ in case law precedents on this subject matter, has prompted the need to develop an assessment framework to provide guidance. Officers have drafted the attached proposed policy ‘Rate Exemption – Charitable Use’ in response to point 3 of the resolution. The report to Council made comment on the lack of local government industry guidelines or assessment framework to assist officers and Council in the decision-making process in regards to Charitable Use Exemption applications. The following summarises what has been previously reported to Council and the issues faced by local governments.
Council previously resolved a position in regards to the assessment of applications for Charitable Use Exemptions. In the report to Council at the OMC held on 24 May 2005, Council was advised that:
“At present there is no comprehensive administrative assessment process that covers the wide variety of exemption queries that the Shire is receiving and enquiries regarding rates exemption are increasing. Ordinarily this would be an administrative matter, however, the lack of clarity and potential ramifications of the interpretation warrants the issue being brought to Council’s attention and endorsement.”
At the OMC held 24 May 2005, Council was presented a draft policy position on the rating of charitable organisations and State Government owned entities. The policy was prepared by the Western Australian Local Government Association (WALGA) as a result of an inquiry conducted by the Local Government Advisory Board. Advice received stated that Local Governments in WA forgo approximately $6.5 million annually for land used for charitable purposes. The Council report identified that the draft guidelines contained some deficiencies relevant to its intended purpose which was to clarify the criteria for the assessment of “land used for an exclusive charitable purpose”.
The report’s author deemed that the draft tended to focus more on the manner in which Local Government should assess the status of an organisation (i.e. whether or not the applicant was considered charitable), rather than whether the land was used for a charitable purpose. This was considered to be in contrast to the requirements of the Local Government Act 1995 (LGA) which specifically references the use of the land as opposed to the ownership thereof.
The following resolution was passed at the OMC held 24 May 2005:
1. That Council notes the WALGA draft Criteria and Guidelines for Assessing Exemptions from the payment of rates.
2. That Council will continue to assess rates exemption applications according to land use on a case by case basis.
In 2015, WALGA published the ‘Rates and Charitable Land Use Exemption Applications Best Practice Guideline’ which officers have reviewed. The document has improved on the 2005 draft by emphasising ‘land use’ and providing a summary of key State Administrative Tribunal (SAT) decisions. These decisions provide context for the treatment of the land uses that have set legal precedents.
Despite these improvements officers maintain support for the assessment of rate exemption applications on a case by case basis. This ensures a fair and equitable approach to objectively reviewing land use subject to claims of being a ‘charitable purpose’. To support this individual case assessment basis, officers have developed a policy and supporting business operating procedure. Consideration and adoption of the draft policy has also been included in this agenda and its objective is to assist Council and officers in the administration and assessment of rate exemption applications.
In researching the background to previous assessments of Charitable Use Exemptions and in the development of the policy, it is evident that there is no clear definition of “charitable” or “charitable purpose” within the LGA. This is an ongoing issue for Local Governments in general and does provide challenges when assessing such applications. The absence of a definition of ‘charitable purpose’ in the LGA leads Officers to rely on the preamble to the Charitable Uses Act 1601. Lord Macnaghten classified four principal “trusts” (divisions/categories) deemed to be “charitable purpose” as set out in Pemsel’s rule (1891) which included:
· Advancement of Education;
· Advancement of Religion;
· Relief of Poverty; and
· Other purposes beneficial to the community not falling under any of the preceding categories.
Although this Imperial legislation is very dated, legal advice and advice from the Department of Local Government and Communities (DLGC) confirms that it is still referenced in court and within State Administrative Tribunal (SAT) proceedings to this day. The above charitable principles still do not identify specifically what activities are charitable. In the absence of definitive descriptions of specific charitable activities, legal advice has instructed officers to rely on previous determinations and benchmarks set in case law precedents. This presents difficulty and ambiguity to officers assessing Charitable Use Exemptions as the interpretation of case law decisions is open to subjective bias and often requires specialised legal advice. Additionally, local government officers do not have access to the case law resources available to members of the legal profession.
In acknowledgement of the above challenges, these benchmarks and tests for land use activities which have been determined through case law precedents, provide the assessment framework for officers and Council. These various judicial decisions have expanded on the Charitable Uses Act 1601 and also determined that a charitable purpose must satisfy a public benefit test. In a common law context, the public benefit test has been determined as meaning, “a sufficient section of the community must benefit from the charitable purpose, not just a small group”. This is supported by the findings in Williams' Trustees V Inland Revenue Commissioners 1947 AC 447 where a charitable gift to a select group of individuals, did not fit the definition of ‘charity’ as the benefit was received by only a small section of the public. Further complexity lies in the varying activities conducted on land by charitable bodies including revenue raising and administrative functions. Each Charitable Use Exemption application can vary considerably depending on the individual facts of the case. Officers and Council then rely heavily on interpreting and applying determinations and tests set by case law precedents creating a number of risks discussed in further depth below.
Section 6.26(1) of the LGA states that all land within a district is rateable land, unless an exemption applies. The draft policy relates specifically to Section 6.26(2)(g), which in summary states:
(2) The following land is not rateable land –
(g) land used exclusively for charitable purposes.
As a reflection of the Shire’s current Charitable Use Exemption application procedures, the draft policy and associated operating procedure requests the applicant demonstrate how and why they consider their land to be used exclusively for charitable purposes in accordance with Section 6.26(2)(g).
Officers have examined this provision in the LGA, including research of current industry literature, and sought legal advice on the interpretation of the provision and its application in several situations. The lack of definition of the terms ‘use’, ‘charitable purpose’ and ‘exclusively’ in the LGA is cited as a source of ambiguity across the local government industry, and raises concerns of a lack of uniform treatment of rate exemption applications for charitable purposes. This increases the potential risk of unnecessarily lost rate revenue to local governments and inconsistent determinations by separate local governments for applicants with properties of similar land use.
The risk of revenue loss due to inconsistency in exemption determinations has far reaching impacts on a local government’s ability to maximise rate revenue. Rates are a service charge and within the Shire of Broome are based on differential rating. The objective of rates is to make up the shortfall between budgeted income from other sources (e.g. fees and charges, licences, government grants etc.) and proposed expenditure. The increase in charitable rate exemptions results in a wider shortfall to be made up from other sources of revenue where local governments have limited ability to generate income other than rates.
Additionally, the annual budget deficit to be funded by rates remains the same regardless of the change in rateable status of properties on the database. It is all other owners in the district that bear the impact should properties become non rateable. This is the underlining principle of a taxation system of fairness and equity where all properties are rateable and should contribute a fair amount to the annual budget deficit based on a taxation system that is also transparent, objective, consistent and administratively efficient. The annual budget deficit represents the costs to deliver goods and services, minus any other revenue, to all members of the district in delivering the function of local government, being good governance for the benefit of all residents and visitors to the district. Rates are not a fee for service, measurable against what individual properties receive or do not receive from the Shire.
This policy and its associated administrative procedure are suggested so as to improve the assessment framework for the consideration and administration of Charitable Use Exemption applications by officers and the Council. It is also clear from reviewing the rating database, that there has been a lack of understanding in the past in relation to recording relevant details of the Charitable Use Exemption on the property record. It is an outcome of this framework to improve the standard of accuracy and data integrity in the Shire’s property database. Additionally, by implementing a system of regularly reviewing Council’s Charitable Use Exempt properties, this ensures the maximisation of rate revenue to lessen the burden on the Shire’s existing ratepayers.
COMMENT
Establishing this policy is the first step in providing Council with a strong framework around rating exemptions. While most of the sections within the legislation are relatively easy to interpret in relation to whether land may be non-rateable and therefore exempt from paying rates, the lack of supporting definitions of section 6.26(2)(g) creates a level of difficulty. The draft policy provides an important framework for officers and the Council to ensure that an accurate interpretation is made, decisions are accurate, and Charitable Use Exemptions are determined on the basis of fairness, equity, consistency, objectivity and administrative efficiency.
The challenge to officers still remains however, in terms of the lack of discretion in setting rules on what constitutes a charitable purpose. The assessment framework cannot supersede legislative determinations in the LGA or case law precedents. In assessing applications for Charitable Use Exemptions, the onus is on the assessor to research and interpret tests, determinations, and benchmarks set in case law precedents. The challenge presented here is that the law is an ever evolving beast. This means, a previous determination can be overruled in the future by other cases decided on at law. This results in exorbitant legal costs for the local government industry to seek legal advice every time it receives an application for a Charitable Use Exemption.
In addressing these challenges, the Shire of Broome is collaborating with the member Councils of the Western Australia Regional Capitals Alliance (WARCA) and the WALGA Regional Collaborative Zone of the Kimberley (KZRCG), are in the process of lobbying the State and WALGA to change the LGA to include charitable purpose definitions as per point 2 of Council’s resolution in the OMC held 26 February 2015. So far, the Shire of Broome has collated data from the member Councils and presented this in a report to the June 2016 WARCA meeting. At the July 2016 KZRCG meeting, the members resolved to create a working group to progress the lobbying process.
Officers have undertaken a broad process of canvassing and researching the available rate exemption policies from other Councils. The initial draft then underwent an extensive external consultation process. The draft was reviewed and comments were provided from senior officers at the DLGC and WALGA. Herbert Smith Freehills were contracted to undertake a legal review of the draft policy. On review of the legal advice on the draft policy, officers sought to separate the document into a policy and administrative business operating procedure. The final documents provide Council and officers with a guidance framework for assessing applications for Charitable Use Exemptions.
It is recommended that Council adopt the draft Policy – Rate Exemptions – Charitable Use.
CONSULTATION
Herbert Smith Freehills
Department of Local Government and Communities
Western Australia Local Government Association
STATUTORY ENVIRONMENT
Local Government Act, 1995
Division 6 — Rates and service charges
Subdivision 1 — Introduction and basis of rating
6.26. Rateable land
(1) Except as provided in this section all land within a district is rateable land.
(2) The following land is not rateable land —
(a) land which is the property of the Crown and —
(i) is being used or held for a public purpose; or
(ii) is unoccupied, except —
(I) where any person is, under paragraph (e) of the definition of owner in section 1.4, the owner of the land other than by reason of that person being the holder of a prospecting licence held under the Mining Act 1978 in respect of land the area of which does not exceed 10 ha or a miscellaneous licence held under that Act; or
(II) where and to the extent and manner in which a person mentioned in paragraph (f) of the definition of owner in section 1.4 occupies or makes use of the land;
and
(b) land in the district of a local government while it is owned by the local government and is used for the purposes of that local government other than for purposes of a trading undertaking (as that term is defined in and for the purpose of section 3.59) of the local government; and
(c) land in a district while it is owned by a regional local government and is used for the purposes of that regional local government other than for the purposes of a trading undertaking (as that term is defined in and for the purpose of section 3.59) of the regional local government; and
(d) land used or held exclusively by a religious body as a place of public worship or in relation to that worship, a place of residence of a minister of religion, a convent, nunnery or monastery, or occupied exclusively by a religious brotherhood or sisterhood; and
(e) land used exclusively by a religious body as a school for the religious instruction of children; and
(f) land used exclusively as a non‑government school within the meaning of the School Education Act 1999; and
(g) land used exclusively for charitable purposes; and
(h) land vested in trustees for agricultural or horticultural show purposes; and
(i) land owned by Co‑operative Bulk Handling Limited or leased from the Crown or a statutory authority (within the meaning of that term in the Financial Management Act 2006) by that co-operative and used solely for the storage of grain where that co-operative has agreed in writing to make a contribution to the local government; and
(j) land which is exempt from rates under any other written law; and
`
(3) If Co‑operative Bulk Handling Limited and the relevant local government cannot reach an agreement under subsection (2)(i) either that co-operative or the local government may refer the matter to the Minister for determination of the terms of the agreement and the decision of the Minister is final.
(4) The Minister may from time to time, under subsection (2)(k), declare that any land or part of any land is exempt from rates and by subsequent declaration cancel or vary the declaration.
(5) Notice of any declaration made under subsection (4) is to be published in the Gazette.
(6) Land does not cease to be used exclusively for a purpose mentioned in subsection (2) merely because it is used occasionally for another purpose which is of a charitable, benevolent, religious or public nature.
Subdivision 3 — Imposition of rates and service charges
6.39. Rate record
(1) As soon as practicable after a local government has resolved to impose rates in a financial year it is to ensure that a record is compiled, at the time and in the form and manner prescribed, for that financial year of —
(a) all rateable land in its district; and
(b) all land in its district on which a service charge is imposed.
(2) A local government —
(a) is required, from time to time, to amend a rate record for the current financial year to ensure that the information contained in the record is current and correct and that the record is in accordance with this Act; and
(b) may amend the rate record for the 5 years preceding the current financial year.
6.40. Effect of amendment of rate record
(1) Where the rate record in relation to any land is amended under section 6.39(2) as a result of a change in —
(a) the rateable value of; or
(b) the rateability of; or
(c) the rate imposed on,
that land, the local government is to reassess the rates payable on the land and to give notice to the owner of the land of any change in the amount of rates payable on the land.
(2) Where the rate record in relation to any land is amended under section 6.39(2) as a result of a change in a service charge imposed on that land, the local government is to reassess that service charge and to give notice to the owner or occupier of the land, as the case requires, of any change in the amount of the service charge payable on the land.
(3) If, as a result of a reassessment of rates under subsection (1), a rate on any land is —
(a) reduced, and that rate has already been paid to a local government, the local government —
(i) may, and if so requested by the current owner of the land is required to, make a refund to that owner of the amount overpaid; or
(ii) is required to allow a credit of the amount overpaid in relation to the land against future liabilities for rates or service charges in respect of that land;
or
(b) increased, that increased rate is the rate to which section 6.44 applies.
(4) If, as a result of a reassessment of a service charge under subsection (2), a service charge on any land is —
(a) reduced, and that service charge has already been paid to a local government —
(i) by the owner, the local government —
(I) may, and if so requested by the current owner of the land is required to, make a refund to that owner of the amount overpaid; or
(II) is required to allow a credit of the amount overpaid in relation to the land against future liabilities for rates or service charges in respect of that land;
or
(ii) by the occupier, the local government is required to make a refund to the person who paid the service charge;
or
(b) increased, and that service charge was imposed on —
(i) the owner, that increased service charge is the service charge to which section 6.44 applies; or
(ii) the occupier, that increased service charge is a debt due to the local government by the person on whom the service charge was imposed.
6.76. Grounds of objection
(1) A person may, in accordance with this section, object to the rate record of a local government on the ground —
(a) that there is an error in the rate record —
(i) with respect to the identity of the owner or occupier of any land; or
(ii) on the basis that the land or part of the land is not rateable land;
or
(b) if the local government imposes a differential general rate, that the characteristics of the land recorded in the rate record as the basis for imposing that rate should be deleted and other characteristics substituted.
(2) An objection under subsection (1) is to —
(a) be made to the local government in writing within 42 days of the service of a rate notice under section 6.41; and
(b) identify the relevant land; and
(c) set out fully and in detail the grounds of objection.
(3) An objection under subsection (1) may be made by the person named in the rate record as the owner of land or by the agent or attorney of that person.
(4) The local government may, on application by a person proposing to make an objection, extend the time for making the objection for such period as it thinks fit.
(5) The local government is to promptly consider any objection and may either disallow it or allow it, wholly or in part.
(6) After making a decision on the objection the local government is to promptly serve upon the person by whom the objection was made written notice of its decision on the objection and a statement of its reason for that decision.
POLICY IMPLICATIONS
Adoption of the draft policy will create a new policy for Council for inclusion in the policy manual.
FINANCIAL IMPLICATIONS
The financial implications of future applications for Charitable Use Exemptions is unquantifiable at present. Currently, the Shire of Broome has 7 properties that are exempt under Section 6.26(2)(g) – Land used exclusively for a charitable purpose. However, officers are in the process of progressing a full review of all 753 of Council’s non-rated properties for which exemptions have been allowed under differing provisions of Section 6.26(2). The full financial implications are unknown as many of the properties do not have a valuation from the Valuer-General and none is required once properties are classified as exempt from rates unless the Emergency Services Levy is applicable.
RISK
Adoption and implementation of the policy is required to reduce future potential risks of:
1) Unnecessary loss of rate revenue.
2) Inconsistent and lack of objectivity in assessment of Charitable Use Exemption applications.
3) Applicants submitting objections to Council’s decision to SAT.
The above risks are categorised by a risk rating of ‘high’. The objective of the policy and associated operating procedure is to reduce and mitigate the risks from occurring by providing a well researched assessment framework based on current legal advice and case law precedents.
STRATEGIC IMPLICATIONS
Our People Goal – Foster a community environment that is accessible, affordable, inclusive, healthy and safe:
Effective communication
Affordable services and initiatives to satisfy community need
Our Organisation Goal – Continually enhance the Shire’s organisational capacity to service the needs of a growing community:
An organisational culture that strives for service excellence
Responsible resource allocation
Effective community engagement
Improved systems, processes and compliance
VOTING REQUIREMENTS
Simple Majority
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That Council adopts the proposed policy on Rate Exemption - Charitable Use.
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Policy Rate Exemption - Charitable Use |
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9.4.4 Ward and Representation Review - Shire of Broome LOCATION/ADDRESS: Shire of Broome APPLICANT: Nil FILE: GOB03 AUTHOR: Manager Governance CONTRIBUTOR/S: Nil RESPONSIBLE OFFICER: Acting Director Corporate Services DISCLOSURE OF INTEREST: Nil DATE OF REPORT: 30 June 2016 |
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SUMMARY: To seek Council endorsement to undertake a Ward and Representation Review pursuant to Schedule 2.2 of the Local Government Act 1995. |
BACKGROUND
Previous Considerations
OMC 19 October 1999 Item 7.3
OMC 18 July 2000 Item 7.2
OMC 24 July 2008 Item 9.1.3
OMC 20 November 2008 Item 9.1.1
Schedule 2.2 of the Local Government Act 1995 (the Act) requires Local Governments with a Ward system to carry out a review of the ward boundaries and the number of offices of Councillor for each ward at least every eight years. Where a Local Government fails to carry out a review, the Local Government Advisory Board can recommend to the Minister that a review take place.
At the Ordinary Meeting of Council held on 24 July 2008 Council resolved to authorise a Ward and Representation Review prior to the October 2009 Local Government elections, and delegated the review to the Chief Executive Officer to allow the project to proceed.
A discussion paper was made available for public comment and it is noted that only one submission was received. The outcome of the public consultation period for the Ward and Representation review was presented to the Ordinary Meeting of Council held 20 November 2008, where Council resolved to recommend to the Local Government Advisory Board that it wished to maintain the existing ward structure with no change.
COMMENT
As the last review of ward boundaries and representation was undertaken in 2008, in accordance with Schedule 2.2 of the Act the Shire of Broome is now due to commence a review of its ward boundaries and the number of offices of Councillor for each ward. Currently the Shire of Broome has two wards, being the Broome and Dampier Wards and nine elected members. The Broome Ward is represented by seven Councillors and the Dampier Ward is represented by two Councillors.
The review process involves a number of steps:
• The Council resolves to undertake the review;
• Public submission period opens;
• Information provided to the community for discussion;
• Public submission period closes;
• The Council considers all submissions and relevant factors and makes a decision;
• The Council submits a report to the Local Government Advisory Board (the Board) for its consideration; and
• If a change is proposed, the Board submits a recommendation to the Minister for Local Government (the Minister).
Any changes approved by the Minister will be in place for the next ordinary election where possible.
When considering changes to wards and representation, Schedule 2.2 of the Act specifies factors that must be taken into account by a Local Government as part of the review process:
· Community of interest;
· Physical and topographic features;
· Demographic trends;
· Economic factors; and
· Ratio of Councillors to Electors in the various wards.
The Board offers the following interpretation of these factors:
Community of interest
The term community of interest has a number of elements. These include a sense of community identity and belonging, similarities in the characteristics of the residents of a community and similarities in the economic activities. It can also include dependence on the shared facilities in an area as reflected in catchment areas of local schools and sporting teams, or the circulation areas of local newspapers.
Neighbourhoods, suburbs and towns are important units in the physical, historical and social infrastructure and often generate a feeling of community and belonging.
Physical and topographic features
These may be natural or man-made features that will vary from area to area. Water features such as rivers and catchment boundaries may be relevant considerations. Coastal plain and foothills regions, parks and reserves may be relevant as may other man made features such as railway lines and freeways.
Demographic trends
Several measurements of the characteristics of human populations, such as population size, and its distribution by age, sex, occupation and location provide important demographic information. Current and projected population characteristics will be relevant as well as similarities and differences between areas within the local government.
Economic factors
Economic factors can be broadly interpreted to include any factor that reflects the character of economic activities and resources in the area. This may include the industries that occur in a Local Government area (or the release of land for these) and the distribution of community assets and infrastructure such as road networks.
Ratio of Councillors to Electors in the various wards
It is expected that each Local Government will have similar ratios of Electors to Councillors across the wards of its district.
Officers have prepared a draft discussion paper titled “Shire of Broome Review of Wards and Representation” (Attachment 1), which is based on the template provided by the Local Government Advisory Board. The discussion paper outlines 3 models for Council’s consideration, and recognises that alternative recommendations may be put forward by the public.
Council is requested to approve the release of the discussion paper and give local public notice of its intention to carry out a review process and seek public submissions over a minimum 6 week period.
On conclusion of the public consultation period, and following consideration of any submissions received, Council will then be asked to select one option to be put forward in a report to the Local Government Advisory Board.
CONSULTATION
Officers have confirmed with the Local Government Advisory Board that there were no proposed changes to the publication “A Guide for Local Governments – How to conduct a review of wards and representation for local governments with and without a ward system” dated December 2014.
An advertisement will be placed in the Broome Advertiser inviting members of the community of the availability of the Shire of Broome Review of Wards and Representation discussion paper and inviting written submissions for a minimum period of six weeks. In accordance with Section 1.7 of the Act, notices will also be placed on the Administration and Library Notice Boards. In addition information will be available on the Shire of Broome website.
STATUTORY ENVIRONMENT
Local Government Act 1995
Schedule 2.2 — Provisions about names, wards and representation
6. Local government with wards to review periodically
(1) A local government the district of which is divided into wards is to carry out reviews of —
(a) its ward boundaries; and
(b) the number of offices of councillor for each ward,
from time to time so that not more than 8 years elapse between successive reviews.
(2) A local government the district of which is not divided into wards may carry out reviews as to —
(a) whether or not the district should be divided into wards; and
(b) if so —
(i) what the ward boundaries should be; and
(ii) the number of offices of councillor there should be for each ward,
from time to time so that not more than 8 years elapse between successive reviews.
(3) A local government is to carry out a review described in subclause (1) or (2) at any time if the Advisory Board requires the local government in writing to do so.
[Clause 6 amended by No. 49 of 2004 s. 68(5) and (6).]
7. Reviews
(1) Before carrying out a review a local government has to give local public notice advising —
(a) that the review is to be carried out; and
(b) that submissions may be made to the local government before a day fixed by the notice, being a day that is not less than 6 weeks after the notice is first given.
(2) In carrying out the review the local government is to consider submissions made to it before the day fixed by the notice.
8. Matters to be considered in respect of wards
Before a local government proposes that an order be made —
(a) to do any of the matters in section 2.2(1), other than discontinuing a ward system; or
(b) to specify or change the number of offices of councillor for a ward,
or proposes under clause 4(2) that a submission be rejected, its council is to have regard, where applicable, to —
(c) community of interests; and
(d) physical and topographic features; and
(e) demographic trends; and
(f) economic factors; and
(g) the ratio of councillors to electors in the various wards.
[Clause 8 amended by No. 49 of 2004 s. 68(7).]
9. Proposal by local government
On completing a review, the local government is to make a report in writing to the Advisory Board and may propose* to the Board the making of any order under section 2.2(1), 2.3(3) or 2.18(3) it thinks fit.
* Absolute majority required.
POLICY IMPLICATIONS
Nil.
FINANCIAL IMPLICATIONS
The Review of Wards and Representation Discussion Paper has been prepared in-house and is based on the template provide by the Local Government Advisory Board.
The estimated cost for advertising in the Broome Advertiser is $350.
Further financial implications may be presented to Council when public submissions are presented following the community consultation period. These will primarily relate to Elected Members fees and allowances if there is a change in the number of Councillors, and if Landgate are required to undertake any boundary changes.
RISK
The Local Government Act 1995 (the Act) requires that each Local Government with a Ward system carry out a review of the ward boundaries and the number of offices of Councillor for each ward at least every eight years.
The risk is Extreme if this review is not undertaken as it results in non-compliance with the legislative requirements of the Act, and the Local Government Advisory Board can recommend to the Minister that a review take place.
STRATEGIC IMPLICATIONS
Our People Goal – Foster a community environment that is accessible, affordable, inclusive, healthy and safe:
Effective communication
Our Organisation Goal – Continually enhance the Shire’s organisational capacity to service the needs of a growing community:
An organisational culture that strives for service excellence
Effective community engagement
Improved systems, processes and compliance
VOTING REQUIREMENTS
Simple Majority
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That Council: 1. Endorse the ‘Shire of Broome Review of Wards and Representation Discussion Paper’ as attached; and 2. Provide local public notice in accordance with Clause 7(1) of Schedule 2.2 of the Local Government Act 1995 of the intention to carry out the review and invite submissions from the public for a period not less than 6 weeks after the notice is first given. |
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Draft Shire of Broome Review of Wards and Representation Discussion Paper |
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Option 1 - Broome Ward Map |
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Option 1 - Dampier Ward Map |
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Option 2 - Broome Ward Map |
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Option 2 - Dampier Ward Map |
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Item 9.4.4 - Ward and Representation Review - Shire of Broome |
Shire of Broome Review of Wards and Representation
Discussion Paper
1. Background
The Shire of Broome has resolved to undertake a review of its ward system to comply with the requirements of the Local Government Act 1995 (the Act).
Schedule 2.2 of the Act requires local governments with wards to carry out reviews of the ward boundaries and the number of Councillors for each ward from time to time so that no more than eight years elapse between successive reviews.
The last review of wards in the Shire of Broome was undertaken in 2008 and it is now appropriate to carry out another review.
2. Current situation
Currently the Shire of Broome has nine (9) Councillors elected from two (2) wards as follows:
Table: Shire of Broome elector to Councillor ratios - current situation
|
Ward |
Number of Electors |
Number of Councillors |
Councillor: Elector Ratio |
% Ratio Deviation |
|
Broome |
7060 |
7 |
1:1009 |
-7.80% |
|
Dampier |
1365 |
2 |
1:683 |
27.03% |
|
Total |
8426 |
9 |
1:936 |
Not Applicable |
(Based on WAEC Report provided 6 April 2016 and Shire of Broome Owner/Occupier Figures at 6 April 2016)
The % ratio deviation gives a clear indication of the % difference between the average Councillor/Elector ratio for the whole local government and the Councillor/Elector ratio for each ward.
It can be seen that there is a significant imbalance in representation across the Shire with the Dampier Ward being over represented and the Broome Ward being under represented. A balanced representation would be reflected in the % ratio deviation being within plus or minus 10%.
Maps showing the ward boundaries are attached.
3. Review process
The review process involves a number of steps:
• The council resolves to undertake the review;
• Public submission period opens;
• Information provided to the community for discussion;
• Public submission period closes;
• The Council considers all submissions and relevant factors and makes a decision;
• The Council submits a report to the Local Government Advisory Board (the Board) for its consideration; and
• If a change is proposed, the Board submits a recommendation to the Minister for Local Government (the Minister).
Any changes approved by the Minister will be in place for the next ordinary election where possible.
4. Factors to be considered
When considering changes to wards and representation, Schedule 2.2 of the Act specifies factors that must be taken into account by a local government as part of the review process:
1. Community of interest;
2. Physical and topographic features;
3. Demographic trends;
4. Economic factors; and
Ratio of Councillors to Electors in the various wards.
The Board offers the following interpretation of these factors:
1. Community of interest
The term community of interest has a number of elements. These include a sense of community identity and belonging, similarities in the characteristics of the residents of a community and similarities in the economic activities. It can also include dependence on the shared facilities in an area as reflected in catchment areas of local schools and sporting teams, or the circulation areas of local newspapers.
Neighbourhoods, suburbs and towns are important units in the physical, historical and social infrastructure and often generate a feeling of community and belonging.
2. Physical and topographic features
These may be natural or man-made features that will vary from area to area. Water features such as rivers and catchment boundaries may be relevant considerations. Coastal plain and foothills regions, parks and reserves may be relevant as may other man-made features such as railway lines and freeways.
3. Demographic trends
Several measurements of the characteristics of human populations, such as population size, and its distribution by age, sex, occupation and location provide important demographic information. Current and projected population characteristics will be relevant as well as similarities and differences between areas within the local government.
4. Economic factors
Economic factors can be broadly interpreted to include any factor that reflects the character of economic activities and resources in the area. This may include the industries that occur in a local government area (or the release of land for these) and the distribution of community assets and infrastructure such as road networks.
5. Ratio of Councillors to Electors in the various wards
It is expected that each local government will have similar ratios of Electors to Councillors across the wards of its district. It is the Board’s preference for the ratio between wards to fall between the plus or minus 10% range.
5. Options to consider
The Council will consider the following options and members of the community may suggest others:
Option 1 - Reflects the current Ward system, which does not meet the recommended 10% variance in representation as preferred by the Local Government Advisory Board. It is understood that the Board recognises that in some locations it is not always possible to achieve ratios within plus or minus 10%.
|
Ward |
Number of Electors |
Number of Councillors |
Councillor: Elector Ratio |
% Ratio Deviation |
|
Broome |
7060 |
7 |
1:1009 |
-7.80% |
|
Dampier |
1366 |
2 |
1:683 |
27.03% |
|
Total |
8426 |
9 |
1:936 |
Not Applicable |
*************************************************
Option 2 - Involves amending the Broome Ward boundary to include Coconut Well, 12 Mile, Skuthorpe and those electors in the Roebuck locality that fall within the amended Broome Ward Boundary, and reducing the Dampier Ward Councillor representation to 1. This results in a reduction in the total number of Councillors to 8.
This achieves the recommended 10% variance in representation as preferred by the Local Government Advisory Board.
|
Ward |
Number of Electors |
Number of Councillors |
Councillor: Elector Ratio |
% Ratio Deviation |
|
Broome |
7325 |
7 |
1:1046 |
.66 |
|
Dampier |
1101 |
1 |
1:1101 |
-4.56 |
|
Total |
8426 |
8 |
1:1053 |
Not Applicable |
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Option 3 - No wards. This option involves the dissolution of all existing ward boundaries. With the existing nine positions of Councillor, this would provide a ratio of 1 Councillor to 936 electors.
*************************************************
As previously indicated members of the public may suggest other options for consideration.
To assist, the following Locality elector numbers are provided.
|
Current Ward |
Locality |
# of Electors |
|
Broome |
Bilingurr |
414 |
|
Broome |
Broome |
2213 |
|
Broome |
Cable Beach |
2810 |
|
Dampier |
Dampier Peninsula |
654 |
|
Broome |
Djugun |
1482 |
|
Dampier |
Eighty Mile Beach |
32 |
|
Dampier |
Gingerah |
5 |
|
Dampier |
Lagrange |
389 |
|
Broome |
Minyirr |
98 |
|
Broome |
Roebuck (Broome Ward) |
43 |
|
Dampier |
Roebuck (Dampier Ward) |
206 |
|
Dampier |
Waterbank |
80 |
|
|
TOTAL |
8426 |
The attached maps indicate the current Wards and localities within each Ward.
As provided in the options, also under consideration will be the number of Councillors for each ward and the district. For example, it may be that fewer Councillors will provide good representation and may result in financial savings and more effective and efficient decision making.
6. Public submissions
Members of the community are invited to make a written submission about any aspect of ward boundaries and representation.
A submission form is provided at the end of this document for your convenience. You do not have to use this form for your written public submission.
Your written submission should be addressed to the Chief Executive Officer and clearly marked “Ward and Representation Review” and can be lodged by any of the following methods:
Hand deliver to: Shire of Broome
Cnr Weld and Haas Streets
BROOME WA 6725
Post to: Shire of Broome
PO Box
44
BROOME WA 6725
Fax to: 08 9191 3455
Email to: shire@broome.wa.gov.au
All submissions must be received by 4pm on [Insert date]
Thank you for your interest and involvement in this review. Council welcomes your comments on any matters that may assist it to make informed and responsible decisions for the benefit of the people of the Shire of Broome.
Cr R J Johnston KR Donohoe
Shire President Chief Executive Officer
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Item 9.4.4 - Ward and Representation Review - Shire of Broome |
SHIRE OF BROOME
REVIEW OF CURRENT WARD BOUNDARIES AND THE NUMBER OF OFFICES OF COUNCILLOR 2016
Note: This form is provided for your convenience. Written public submissions do not have to be made on this form.
To: Chief Executive Officer
Shire of Broome
PO Box 44
BROOME WA 6725
Email: shire@broome.wa.gov.au
Fax: (08) 9191 3455
I support the following Ward Boundary/ number of Offices of Councillor:
Option 1: Retain existing 2 Ward System – 9 Councillors (7 Broome Ward – 2 Dampier Ward)
Yes No
Or
Option 2: Amend the Broome Ward boundary to include Coconut Well, 12 Mile, 16 Mile and those electors in the Roebuck locality that fall within the proposed amended Broome Ward Boundary. In addition reduce the Dampier Ward Councillor representation to 1, resulting in a total of 8 Councillors. (7 Broome Ward – 1 Dampier Ward)
Yes No
Or
Option 3: Introduce a no-ward system – 9 Elected Members
Yes No
Or
I propose the following Ward boundary/Councillor structure:
The Shire of Broome should have …………….. Wards and …………………. Councillors.
The Shire’s Wards should have the following names and number of Councillors:
Name No of Councillors
Ward 1 …………………………………………… ……………………………………………………………………………
Ward 2 …………………………………………… ……………………………………………………………………………
Ward 3 …………………………………………… ……………………………………………………………………………
Ward 4 …………………………………………… ……………………………………………………………………………
Ward 5 …………………………………………… ……………………………………………………………………………
The Shire’s Wards should contain the following suburbs/localities and/or physical/topographic features:
Ward 1 ……………………………………………………………………………………………………………………………………………
Ward 2 ……………………………………………………………………………………………………………………………………………
Ward 3 ……………………………………………………………………………………………………………………………………………
Ward 4 ……………………………………………………………………………………………………………………………………………
Ward 5 ……………………………………………………………………………………………………………………………………………
_______________________________________________________________
Comments in support of my preferred option:
…………………………………………………………………………………………………………………………………………………….
…………………………………………………………………………………………………………………………………………………….
…………………………………………………………………………………………………………………………………………………….
…………………………………………………………………………………………………………………………………………………….
…………………………………………………………………………………………………………………………………………………….
…………………………………………………………………………………………………………………………………………………….
…………………………………………………………………………………………………………………………………………………….
…………………………………………………………………………………………………………………………………………………….
Submitted by:
Name: ……………………………………………………………………….
Address: ……………………………………………………………………….
Contact details: ……………………………………………………………………….
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9.4.5 BROOME REGIONAL RESOURCE RECOVERY PARK - LICENCE TO OCCUPY CROWN LAND LOCATION/ADDRESS: UCL LOT 259 ON DEPOSITED PLAN 220696 APPLICANT: N/A FILE: RRP01 AUTHOR: Waste Coordinator CONTRIBUTOR/S: Nil RESPONSIBLE OFFICER: Deputy Chief Executive Officer/Director Community & Economic Development DISCLOSURE OF INTEREST: NIL DATE OF REPORT: 13 July 2016 |
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SUMMARY: The Department of Lands will grant the Shire of Broome a licence to occupy Site A1 situated on UCL Lot 259 on Deposited Plan 220696 for the purpose of environmental assessments associated with the Regional Resource Recovery Park. This report recommends that the Shire President and Chief Executive Officer are authorised to engross the Licence document. |
BACKGROUND
Previous Considerations
OMC 10 July 2010 Item 9.3.14
OMC 7 July 2011 Item 9.3.2
OMC 15 March 2012 Item 9.2.9
OMC 29 November 2012 Item 9.3.2
OMC 21 February 2013 Item 9.3.1
OMC 17 October 2013 Item 9.3.1
OMC 25 September 2014 Item 9.3.1
OMC 30 July 2015 Item 9.2.5
SMC 10 September 2015 Item 6.2.2
SMC 19 January 2016 Item 6.1.3
OMC 31 March 2016 Item 9.1.1
At the Ordinary Meeting of Council held 31 March 2016 Council authorised the Chief Executive Officer to apply to the Department of Lands (DoL) for a Licence to undertake the required site investigations on Site A1 situated on UCL Lot 259 on Deposited Plan 220696 (see attachment).
COMMENT
To ensure that Site A1 is suitable for the development of the Regional Resource Recovery Park (RRRP) detailed site investigations must be carried out. The detailed site investigations seek to confirm the groundwater, flora and fauna characteristics of Site A1. The detailed site investigations will require the installation of up to four kilometres of access tracks off the Broome Cape Leveque Road and the installation of five groundwater monitoring bores.
Site A1 is unallocated crown land and is the subject of two Native Title applications (Jabirr Jabirr and Goolarabooloo). It is noted that the State is considering these applications as part of a wider process involving Native Title across the Dampier Peninsula. DoL received advice from the Department of Premier and Cabinet that the status of the Native Title considerations is ongoing and will not be determined until early 2017.
Considering this advice, the licence to occupy crown land is provided up to 6 February 2017. At this point, the Shire may need to negotiate further access with the determined Native Title holder.
It is envisaged that the detailed site investigations on Site A1 will begin in August 2016 with the pre wet season assessments for groundwater, flora and fauna. Further groundwater and vegetation assessments are required following the wet season which fall outside the proposed licence period. Access to the land for these investigations will need to be negotiated with DoL or the determined Native Title holder dependant on the status of the Native Title considerations on the licence expiry date.
Following the detailed site investigations a report will be provided back to Council on the results of the investigations. At this point officers may also seek endorsement of a preferred site to carry forward to the required approvals stage.
CONSULTATION
The Licence application to the DoL was made on 8 April 2016.
On 4 May 2016 following the DoL review of the Shire application a ‘preliminary’ 30 day referral period was commenced in accordance with s91 Land Administration Act 1997 and s24LA Native Title Act 1993 (Commonwealth). Immediately following the preliminary referral period DoL commenced the ‘legislated’ 30 day referral period. This two stage approach is undertaken to provide traditional owners sufficient time to provide their comments.
On 7 July 2016 DoL advised they will grant the licence in favour of the Shire of Broome.
STATUTORY ENVIRONMENT
Land Administration Act 1997
Part 6 Sales, leases, licences, etc. of Crown land
Division 4 Provisions not restricted to either sale or leasing of Crown land
91. Licences and profits à prendre over Crown land, grant of
(1) The Minister may grant a licence or profit à prendre in respect of Crown land for any purpose.
(2) The Minister may —
(a) fix or extend the duration of; or
(b) determine fees and conditions in respect of; or
(c) review; or
(d) with the consent of its holder, amend the provisions of, any licence or profit à prendre granted under subsection (1).
(3) The Minister may on the breach of any condition to which a licence granted under subsection (1) is subject, terminate that licence.
(4) The Minister may accept the surrender of a profit à prendre granted under subsection (1) from its holder in respect of the whole or any part of the area to which that profit à prendre applies.
(5) Nothing in this Act prevents the simultaneous existence on the same area of Crown land of —
(a) a licence or profit à prendre granted under subsection (1); and
(b) a mining, petroleum or geothermal energy right,
if the Minister to whom the administration of the relevant Act referred to in the definition of mining, petroleum or geothermal energy right in section 3(1) is for the time being committed by the Governor, or a public service officer of the department that is principally assisting in the administration of the relevant Act, who is authorised in writing by that Minister to do so, approves of that area being used both for the purposes of that licence or profit à prendre and the purposes of the mining, petroleum or geothermal energy right.
(6) If a licence granted under subsection (1) is transferable by the licensee, in accordance with the Personal Property Securities Act 2009 (Commonwealth) section 10 the definition of licence paragraph (d), the licence is declared not to be personal property for the purposes of that Act.
Native Title Act 1993 (Commonwealth)
Part 2 Native Title
Division 2 Future acts etc. and native title
Subdivision L Low impact future acts
24LA Low impact future acts
(1) This Subdivision applies to a future act in relation to particular land or waters if:
(a) the act takes place before, and does not continue after, an approved determination of native title is made in relation to the land or waters, if the determination is that native title exists; and
(b) the act does not consist of, authorise or otherwise involve:
(i) the grant of a freehold estate in any of the land or waters; or
(ii) the grant of a lease over any of the land or waters; or
(iii) the conferral of a right of exclusive possession over any of the land or waters; or
(iv) the excavation or clearing of any of the land or waters; or
(v) mining (other than fossicking by using hand‑held implements); or
(vi) the construction or placing on the land, or in the waters, of any building, structure, or other thing (other than fencing or a gate), that is a fixture; or
(vii) the disposal or storing, on the land or in the waters, of any garbage or any poisonous, toxic or hazardous substance.
Exclusion for public health or safety etc.
(2) Subparagraph (1)(b)(iv) does not apply to:
(a) excavation or clearing that is reasonably necessary for the protection of public health or public safety; or
(b) tree lopping, clearing of noxious or introduced animal or plant species, foreshore reclamation, regeneration or environmental assessment or protection activities.
Validation of act
(3) If this Subdivision applies to a future act, the act is valid.
Non‑extinguishment
(4) The non‑extinguishment principle applies to the act.
POLICY IMPLICATIONS
Nil
FINANCIAL IMPLICATIONS
The licence and documentation preparation fee payable to DoL is $685.00 including GST. This fee and the operational expenditure required to undertake detailed site investigations is approved for in the 2016/17 budget account 101080010 New Refuse Site Exp - Op Exp - Regional Resource Recovery Park MUN.
RISK
Site A1 is currently subject to Native Title considerations. Should Native Title be determined to exist with any of the current claimants the Licence would become invalid. Advice from the Department of Premier and Cabinet is that the status of the Native Title considerations is ongoing and will not be determined until early 2017. The proposed licence expires on 6 February 2017.
The expiry date will allow the Shire to complete the pre wet season groundwater, flora and fauna assessments but prevents the completion of the post wet season groundwater and vegetation surveys. Post wet season bore sampling and vegetation surveys are seen as a minimum requirement for the completion of the detailed site investigations.
The potential impact of Native Title being determined for Site A1 prior to detailed site investigations being completed is “Major”. The likelihood of this occurring is determined as ‘possible’, which still results in an overall risk rating of ‘extreme’.
If Native Title was determined prior to site investigations being complete, the Shire would be required to negotiate access to Site A1 with the determined Native Title holder. The negotiations for access would be similar in nature to the negotiations currently underway with Yawuru for access to Site G1. These negotiations would see agreements entered into which allow access to the land for detailed site investigations and then following successful outcomes from the detailed site investigations, potentially an Indigenous Land Use Agreement for use of the site as a RRRP.
If Native Title was not determined by 6 February 2017 the Shire could apply to DoL for a new Licence to occupy the crown land. Depending on the delay to the Native Title considerations this may allow for the post wet season site investigations to occur.
The outcomes of the Native Title determination are an unknown factor and can be seen as a risk for the Shire. The Shire is unaware who it may be dealing with and whether a RRRP on Site A1 is supported. The Native Title holders approach to negotiations and their overall willingness to work within the Shire’s tight timeframes to achieve delivery on the RRRP is currently unknown. Early liaison with the claimants may reduce the risk of delays if Native Title is determined.
Any delay in development of the RRRP poses a significant risk as the Buckleys Road Waste Management Facility is rapidly approaching the end of its operational life. If the facility reaches capacity and the RRRP is not yet operational, then waste will need to be transported to the nearest suitable landfill (Port Hedland). Based on 2014 waste tonnages, it is estimated that annual cost to transport waste to Port Hedland is approximately $7M. This equates to an increase in tipping fees of approximately 400% and kerbside collection fees of approximately 210%.
The financial consequence of the RRRP not being operational before all the airspace is consumed at the Buckleys Rd Facility is determined to be ‘catastrophic’. The likelihood of the RRRP not being operational is determined as ‘unlikely’, which still results in an overall risk rating of ‘extreme’. The progressing of site investigations will reduce this risk to the Shire.
STRATEGIC IMPLICATIONS
Our People Goal – Foster a community environment that is accessible, affordable, inclusive, healthy and safe:
Effective communication
Affordable services and initiatives to satisfy community need
A healthy and safe environment
Our Place Goal – Help to protect the nature and built environment and cultural heritage of Broome whilst recognising the unique sense of the place:
A unique natural environment for the benefit and enjoyment of current and future generations
Core asset management to optimise 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:
Effective community engagement
Improved systems, processes and compliance
VOTING REQUIREMENTS
Simple Majority
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That Council: 1. Authorises the Shire President and Chief Executive Officer to engross the Licence to Occupy Crown Land 00303/2016_A5726334; 2. Requests the Chief Executive Officer to initiate discussions with the current claimants over Site A1 to inform them of the Shire’s approach and aspirations for the project; and 3. Authorises the Shire President and Chief Executive Officer to engross a new Licence to occupy crown land if the Native Title considerations are not determined by 6 February 2017. |
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Licence to Occupy Crown Land 00303/2016_A5726334 |
This item and any attachments are confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(iii)) as it contains “a matter that if disclosed, would reveal information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government”, and section 5.23(2)(d) as it contains “legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting”.
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LOCATION/ADDRESS: Assessment A108560 APPLICANT: KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) FILE: ARA11.6, ARA11 AUTHOR: Manager Financial Services CONTRIBUTOR/S: Nil RESPONSIBLE OFFICER: Acting Director Corporate Services DISCLOSURE OF INTEREST: Nil DATE OF REPORT: 1 May 2016 |
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SUMMARY: Kimberley Land Council Aboriginal Corporation (ICN 21) (KLC) has submitted an objection to the rate record under Section 6.76(1)(a)(ii) of the Local Government Act (LGA) in relation to land nominated as Assessment A108560 (the Property) for the 2015/2016 financial year on the basis that the land is not rateable under Section 6.26(2)(g) of the LGA, which applies where the land is used exclusively for charitable purposes (Charitable Use Exemption). This report recommends that Council allows the objection. |
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ATTACHMENT 1 KLC’s Application for Rate Exemption received by the Shire 16 July 2015 (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”. |
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ATTACHMENT 2 WALGA guidelines 21 July 2015: Rates and Charitable Land Use Exemption Applications |
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ATTACHMENT 3 Report to Council at the OMC held 2 September 2009 in relation to previous application for Charitable Use Exemption (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”. |
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ATTACHMENT 4 Copies of funding agreements provided by the KLC to the Shire 19 October 2015 (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”. |
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ATTACHMENT 5 Additional documents provided by the KLC to the Shire 12 May 2016 (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”. |
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ATTACHMENT 6 Legal advice to the Shire dated 24 October 2014 (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)(d) as it contains “legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting”. |
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ATTACHMENT 7 Legal advice to the Shire dated 24 June 2016 (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)(d) as it contains “legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting”. |
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10.1 APPOINTMENT OF MEMBERS TO THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE LOCATION/ADDRESS: Nil APPLICANT: Nil FILE: EDP002 AUTHOR: Administration Officer - Community and Economic Development CONTRIBUTOR/S: Nil RESPONSIBLE OFFICER: Deputy Chief Executive Officer/Director Community & Economic Development DISCLOSURE OF INTEREST: Nil DATE OF REPORT: 14 June 2016 |
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SUMMARY: This report presents expressions of interest for membership to the Economic Development Advisory Committee including a delegate for a proposed additional member position of ‘Industry Representatives Deputy Delegate for Land Development Industry’ representation. Officers seek Council’s appointment of members and the additional deputy position to the Committee in accordance with the Terms of Reference. This report also requests minor updates to the Terms of Reference to include the proposed additional member position and newly appointed members to existing member positions. |
BACKGROUND
Previous Considerations
OMC 23 October 2014 Item 10.3
OMC 30 April 2015 Item 10.2
OMC 26 November 2015 Item 9.4.5 (Appointments to Committees)
COMMENT
Established by Shire of Broome in accordance with Council resolution on 30 April 2015, the Economic Development Advisory Committee’s purpose is to provide advice to the Shire of Broome on Economic Development matters including but not limited to:
1. Provide advice and guidance to the Shire and other partners in positioning local businesses and industry to capitalise on global and emerging industry trends that facilitate new markets and investment.
2. Assist in the formulation of stakeholders, strategic partnerships and communication to facilitate new and developing industry initiatives across sectors to ensure ongoing and sustained economic growth.
3. Provide guidance and advice on the role the Council should play to address industry specific feedback (including perceived impediments) on State, Local and Federal regulatory processes and funding programs to create better investment conditions and refinements for economic growth and employment generation in the short, medium and long term.
4. Provide advice to the Shire of Broome to facilitate identified industry and strategic initiatives across industry sectors and relevant organisations.
5. Provide industry feedback and input as appropriate into strategic and high-level economic development documents/plans including future growth plans for Broome, including but not limited to, the Kimberley Regional Investment Blueprint and Kimberley Planning and Infrastructure Framework.
6. Provide advice to Council on policies relating to Economic Development as required.
This report requests that Council considers the matter of committee membership of the Economic Development Advisory Committee (EDAC). The following appointments are recommended as per the Expressions of Interest (EOI) contained in the confidential attachment to this report:
· A letter of resignation has been received from Educational Institution delegate Karen Dickinson (North Regional TAFE; previously Kimberley Training Institute). An expression of interest (EOI) has been received for this position. It is recommended that Council accepts this EOI and appoints this community member to the EDAC as an Educational Institution delegate for North Regional TAFE representation.
· A letter of resignation has been received from Educational Institution delegate Julie Kean (North Regional TAFE; previously Kimberley Training Institute), deputy for Karen Dickinson. An expression of interest (EOI) has been received for this position. It is recommended that Council accepts this EOI and appoints this community member to the EDAC as an Educational Institution deputy delegate for North Regional TAFE representation.
· A letter of resignation has been received from Business Associations delegate Gail Gower, deputy for James Brown (Tourism Industry). An expression of interest (EOI) has been received for this position. It is recommended that Council accepts this EOI and appoints this community member to the EDAC as a Business Associations deputy delegate for Tourism Industry representation.
· A letter of resignation has been received from Business Associations delegate Rhondda Chappell (Broome Chamber of Commerce). An expression of interest (EOI) has been received for this position. It is recommended that Council accepts this EOI and appoints this community member to the EDAC as a Business Associations delegate for Broome Chamber of Commerce representation.
· A letter of resignation has been received from Industry Representatives delegate Dean Newton (Land Development Industry). An expression of interest (EOI) has been received for this position. It is recommended that Council accepts this EOI and appoints this community member to the EDAC as an Industry Representatives delegate for Land Development Industry representation.
· An expression of interest (EOI) has been received for a deputy Land Development Industry position. This is a new position within the EDAC and should Council choose to appoint a deputy Land Development Industry, the terms of reference will be updated accordingly. It is recommended that Council accepts this EOI and appoints this community member to the EDAC as an Industry Representatives deputy delegate for Land Development Industry representation.
The terms of Reference for all Committees were presented to Council at the 26 November 2015 OMC. To ensure ongoing participation of members of the EDAC and continued continuity and collaboration of EDAC activity across key organisations, industry and Government; Officers propose that Council formally approves the appointment of these five (5) delegates to fill existing vacant member positions as well as the appointment of a delegate to the proposed additional member position of Industry Representatives deputy delegate for Land Development Industry representation to the EDAC within the Terms of Reference, noting that all other aspects of the terms of reference remain the same.
CONSULTATION
Officers sought expressions of interest (EOI) from existing member organisations for replacement delegates.
In addition, an EOI was received for a deputy to the Land Development delegate to be appointed. While there are deputies appointed for most positions on the EDAC, a deputy has not previously been appointed for the Land Development delegate. Officers recommend that the deputy land delegate is appointed.
STATUTORY ENVIRONMENT
5.10. Committee members, appointment of
(1) A committee is to have as its members —
(a) persons appointed* by the local government to be members of the committee (other than those referred to in paragraph (b)); and
(b) persons who are appointed to be members of the committee under subsection (4) or (5).
* Absolute majority required.
(2) At any given time each council member is entitled to be a member of at least one committee referred to in section 5.9(2)(a) or (b) and if a council member nominates himself or herself to be a member of such a committee or committees, the local government is to include that council member in the persons appointed under subsection (1)(a) to at least one of those committees as the local government decides.
(3) Section 52 of the Interpretation Act 1984 applies to appointments of committee members other than those appointed under subsection (4) or (5) but any power exercised under section 52(1) of that Act can only be exercised on the decision of an absolute majority of the local government.
(4) If at a meeting of the council a local government is to make an appointment to a committee that has or could have a council member as a member and the mayor or president informs the local government of his or her wish to be a member of the committee, the local government is to appoint the mayor or president to be a member of the committee.
(5) If at a meeting of the council a local government is to make an appointment to a committee that has or will have an employee as a member and the CEO informs the local government of his or her wish —
(a) to be a member of the committee; or
(b) that a representative of the CEO be a member of the committee,
the local government is to appoint the CEO or the CEO’s representative, as the case may be, to be a member of the committee.
5.11A. Deputy committee members
(1) The local government may appoint* a person to be a deputy of a member of a committee and may terminate such an appointment* at any time.
* Absolute majority required.
(2) A person who is appointed as a deputy of a member of a committee is to be —
(a) if the member of the committee is a council member — a council member; or
(b) if the member of the committee is an employee — an employee; or
(c) if the member of the committee is not a council member or an employee — a person who is not a council member or an employee; or
(d) if the member of the committee is a person appointed under section 5.10(5) — a person nominated by the CEO.
(3) A deputy of a member of a committee may perform the functions of the member when the member is unable to do so by reason of illness, absence or other cause.
(4) A deputy of a member of a committee, while acting as a member, has all the functions of and all the protection given to a member.
[Section 5.11A inserted by No. 17 of 2009 s. 20.]
5.11. Committee membership, tenure of
(1) Where a person is appointed as a member of a committee under section 5.10(4) or (5), the person’s membership of the committee continues until —
(a) the person no longer holds the office by virtue of which the person became a member, or is no longer the CEO, or the CEO’s representative, as the case may be; or
(b) the person resigns from membership of the committee; or
(c) the committee is disbanded; or
(d) the next ordinary elections day,
whichever happens first.
(2) Where a person is appointed as a member of a committee other than under section 5.10(4) or (5), the person’s membership of the committee continues until —
(a) the term of the person’s appointment as a committee member expires; or
(b) the local government removes the person from the office of committee member or the office of committee member otherwise becomes vacant; or
(c) the committee is disbanded; or
(d) the next ordinary elections day,
whichever happens first.
POLICY IMPLICATIONS
Nil
FINANCIAL IMPLICATIONS
Nil
RISK
Nil
STRATEGIC IMPLICATIONS
Our People Goal – Foster a community environment that is accessible, affordable, inclusive, healthy and safe:
Effective communication
Affordable services and initiatives to satisfy community need
Our Prosperity Goal – Create the means to enable local jobs creation and lifestyle affordability for the current and future population:
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
Effective community engagement
VOTING REQUIREMENTS
Absolute Majority
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That Council: 1. Adopts a new deputy Land Development Industry member position within the Economic Development Advisory Committee and appoint member as per the Expression of Interest contained in the confidential attachment to this report; 2. Appoints members in accordance with the Terms of Reference to the Economic Development Advisory Committee as per the Expressions of Interests contained in the confidential attachment to this report; 3. Requests the Chief Executive Officer to update the Terms of Reference to reflect the newly created deputy Land Development Industry position and newly appointed committee members. (Absolute Majority Required) |
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Confidential Attachment - EOI's 110716 (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”. |
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10.2 Yawuru Park Council Progress Report, 2015 Minutes (March, May and July) and 2016 Minutes (February) LOCATION/ADDRESS: Joint Managed Lands - Yawuru Indigenous Land Use Agreements APPLICANT: Nil FILE: NAT 55; NAT 55.1; NAT 55.2; 55.3; NAT 55.3; NAT 55.5 and NAT 55.6 AUTHOR: Coastal Park Governance Officer CONTRIBUTOR/S: Nil RESPONSIBLE OFFICER: Director Development Services DISCLOSURE OF INTEREST: Nil DATE OF REPORT: 11 July 2016 |
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SUMMARY: This report presents Council with a progress report for the Yawuru Park Council (YPC), including the Confirmed Minutes and associated Recommendations of the YPC for the months March 2015, May 2015, July 2015 and February 2016. This report also provides Council with the agreed Terms of Reference for the Senior Officers Group. |
BACKGROUND
Previous Considerations
OMC 26 November 2015 Item 9.2.4
OMC 25 June 2015 Item 10.4
OMC 27 November 2014 Item 10.2
SMC 29 May 2013 Item 9.2.1
OMC 15 March 2012 Item 9.2.5
The Yawuru Park Council (YPC) has been formed in accordance with the two Yawuru Indigenous Land Use Agreements (ILUAs) and is comprised of Yawuru Registered Native Title Body Corporate/Nyamba Buru Yawuru Representatives (Yawuru), delegates from the Department of Parks and Wildlife (DPaW) and Shire of Broome representatives. Through the YPC, these three organisations are responsible for jointly managing land within the Yawuru Conservation Estate in accordance with the ILUAs.
The following table outlines the four land/sea management areas within the Conservation Estate, including the bodies with direct management responsibility for each area:
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Conservation Estate Area |
Management responsibility |
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Minyirr Buru (Townsite Areas) |
Yawuru and the Shire
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Cable Beach Intertidal Zone (located approximately 600 meters north of the rocks at Cable Beach) (Intertidal Zone) |
Yawuru, the Shire and DPaW
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Birragun (Out of town Areas)
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Yawuru and DPaW |
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Nagulagun (Marine Park Areas) |
Yawuru and DPaW
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The following are the current representatives on the YPC:
Yawuru Representatives: Debra Pigram (Chair), Maxine Charlie and Dean Mathews.
Yawuru Proxies: Michael Corpus, Susan Edgar and Darren Puertollano.
Shire Representatives: Cr Harold Tracey and Kenn Donohoe.
Shire Proxies: Cr Ron Johnston and Cr Chris Mitchell.
DPaW Representatives: Alan Byrne, Darren Stevens and James Dobson.
DPaW Proxies: Anthony Richardson and Luke Puertollano
The Shire’s Policy 1.5.1 Yawuru Park Council Representation does not provide the Shire’s YPC Representatives with the ability to make decisions on the YPC that bind Council. Therefore, Council must endorse motions passed at all YPC meetings.
Yawuru Park Council minutes were last presented to the Shire of Broome for endorsement at the Ordinary Meeting of Council (OMC) on 25 June 2015 which included minutes for the YPC meetings held on 13 August 2014 and 22 September 2014.
COMMENT
Background
Since the meeting on 22 September 2014, the YPC have met on the following dates:
· 18 March 2015 (confirmed minutes shown in Attachment 1).
· 13 May 2015 (confirmed minutes shown in Attachment 2).
· 15 July 2015 (confirmed minutes shown in Attachment 3).
· 25 February 2016 (unconfirmed minutes shown in Attachment 4 – minutes were confirmed at the meeting on 7 July 2016, however a confirmed copy of the minutes have not yet been provided).
To ensure that YPC initiatives were progressing and to provide senior leadership and direction to the YPC Working Group, the Shire’s Chief Executive Officer initiated the formation of the YPC Senior Officers Group (SOG). The SOG meets as required to progress projects. The formation of this group was formally agreed by the YPC at its meeting on 15 July 2015, and the terms of reference for this Group is provided in Attachment 5 to this report.
YPC Minutes
The minutes of the YPC meeting held 18 March 2015 are attached (Attachment 1). At the meeting, the YPC considered the following items:
Item 5.1 Recreation Master Plan Update
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RECOMMENDATION:
That the YPC notes the current Recreation Master Plan and ensures that organisational staff attend and participate in workshop planned for 20-3-2015.
Moved: Alan Byrne Seconded: Graeme Campbell |
Item 5.2 Fire planning and land assemblage
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RECOMMENDATION:
Yawuru and SOB meet to address the issues identified in the “issues paper” to inform the Senior Officers Group (SOG) of a way forward.
Moved: Graeme Campbell Seconded: Dean Matthews |
Item: 5.3 S.O.G – Role of the body
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RECOMMENDATION:
The YPC approves the formation of the Senior Officers Group (SOG).
Moved: Dean Matthews Seconded: Graeme Campbell |
Item: 5.4 YPC/JMB Division
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RECOMMENDATION:
1. The YPC Secretariat to provide further information on the impacts of a new ILUA to the Joint Management Partners prior to progressing the drafting of a new ILUA. The Information Brief should include (but not be limited to) the following: a) Overview regarding the impacts on the two current ILUAs – will a third ILUA negates the original two? ie. If a new ILUA is put in place; does this terminate the current two; and does the length of the new ILUA agreement take into account the time already expended? b) Potential timing of a new ILUA development? c) What are the legislative requirements and process for State Government approval?
2. The YPC Secretariat to provide a detailed briefing to the Yawuru Park Council Membership prior to being presented at an YPC meeting for endorsement.
Moved: Graeme Campbell Seconded: Dean Matthews |
Item 5.5 YPC/JMB Budget Breakdown
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RECOMMENDATION:
1. YPC recommends the reporting of the current existing Trust Account to reflect the role and responsibilities of the Yawuru Park Council. 2. NBY, SOB and DPaW commit to progress the 2015/16 financial year budget estimates by nominating two representatives from each organisation to complete this project before the second (next) YPC meeting, in 2015. Organisation to nominate participants today. (next) YPC meeting, in 2015. 3. Adopt the DRAFT budgets prepared by the NBY, SOB and DPaW working group for the 14/15 financial year that the cover both in town and out of town reserves within discrete budgets. (Note: that this recommendation needs to be adopted by NBY and SOB in special meeting, prior to the next YPC meeting).
Moved: Graeme Campbell Seconded: Darren Stevens |
Item 5.6 2015 YPC Meeting Dates
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RECOMMENDATION:
That the YPC endorse the following dates and locations for 2015 YPC meetings:
March 18 - DPaW May 13 – SoB July 15 - NBY September 16 - DPaW November 18 - SoB
Moved: Alan Byrne Seconded: Dean Matthews |
Item 6.1 Management Plan update
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RECOMMENDATION:
That the YPC notes the status update for the Minyirr Buru Management Plan process.
Moved: Graeme Campbell Seconded: Dean Matthews |
Item 6.2 Minyirr Park Staircase
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RECOMMENDATION:
That Yawuru Park Council: 1. Leave on the table, pending further advice from the SOG.
No one moved or seconded this agenda item. |
Item 6.3 Simpson Beach Drainage and Car Park
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RECOMMENDATION:
That Yawuru Park Council: 1. Approve the Joint Partners to progress detailed site planning for Option 1 on attached Simpson Beach Concept Drawings. Planning to include: a. Liaison with the Shire of Broome Sub Division Development Engineer to ensure alignment the SoB design Standards. b. The development of a Project Brief, to include: i. Detailed site layout plans ii. Indicative time-line iii. Cost estimate 2. Liaison of Kimberley Port Authority (KPA) with Shire of Broome Engineers to review KPA Engineering drawings for storm water overflow to ensure alignment with the Drainage Master Plan.
Moved: Graeme Campbell Seconded: Dean Matthews |
Item 6.4 ITZ Update
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RECOMMENDATION:
That the: 1. Park Council considers the indicative timeline for development of the Northern Intertidal Area draft management plan, and provides comments/advice re proposed process as necessary. 2. SOB representatives in particular note Task 1(in the timeline) and the associated assumptions, and provide joint management partners with further advice information as necessary. 3. Park Council notes that to be consistent with the Birragun and Nagulagun management plans, and to avoid confusion with the in-town reserves component of Cable Beach, the term Northern Intertidal Area will be used for this plan.
Moved: James Dobson Seconded: Graeme Campbell |
Item 7.1 Man-gala gun Track roading update
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RECOMMENDATION:
That Park Council: 1. Notes this information
Moved: Darren Stevens Seconded: Darren Puertollano |
Item 9.3 Storm water update
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RECOMMENDATION:
That Yawuru Park Council: 1. Agrees that Drainage issues on the Yawuru Conservation Estate require extensive consolidated approach. a. A Working Group to be formed to include all relevant users and service providers to develop an integrated drainage assessment model that includes all aspects to develop a workable agreed policy option for discussion. 2. Excise the area as indicated in attachment C. a. Development of a Management Order for the purposes of drainage. b. That the Daft Management Orders be provided to Yawuru for approval prior to finalization. 3. That Yawuru Park Council endorses the closure of the road reserve shown as Lot 559 on the Deposited Plan 71526 (redundant portion of Gubinge Road) for inclusion in proposed Class “A” Reserve over Lots 560 and 562 on Deposited Plan 71526.
Moved: Graeme Campbell Seconded: Julie Melbourne |
The minutes of the YPC meeting held 13 May 2015 are attached (Attachment 2). At the meeting, the YPC considered the following items:
Item 6.1 Minyirr Park Staircase
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The minutes of the YPC meeting held 15 July 2015 are attached (Attachment 3). At the meeting, the YPC considered the following items:
Item 5.1 2015/16 Budget update
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Item 5.2 YPC Governance review
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Item 5.3 SOG terms of reference
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Item 5.4 Financial Summary (x2)
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The unconfirmed minutes of the YPC meeting held 25 February 2016 are attached (Attachment 4). At the meeting, the YPC considered the following items:
Item 5.1 2015/16 Budget update
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RECOMMENDATION:
The Yawuru Park Council support the 2015/2016 budget with further discussions to take place in regards to “Gurlbanwila”.
That the draft priority list be sent out to the YPC members.
Moved: Harold Tracey Seconded: Dean Matthews |
Item 5.2 Recreation Master Plan Update
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RECOMMENDATION:
That Yawuru Park Council: 1. Notes the SOB proposed amendments and has referred it to the WG to workshop this through and report back to the SOG.(see below SOB amendments)
a. Gantheaume Point Beach Access Site shall include formalised beach access for vehicles, pedestrians and horses; b. Kavite Rd Realignment (south) is not supported and should be removed; c. Two recreation nodes with at least one vehicle access point to the beach shall be provided at Niyamarri (south of Coconut Well); d. Access to the Willie Creek Recreation Sites shall be allowed through the Yawuru Cultural Protection Prohibited Access Zone as shown in the Draft Yawuru Birragun Conservation Park draft management plan 2015; e. Confirmation that the Buga Wamba and Bandurr Bandurr Sites are not included in the Yawuru Birragun Conservation Park draft management plan 2015 and should be removed; f. The Nimilarragan Site is to be kept open to the public; g. The Waterbank Homestead Site is to be kept open to the public; h. The Redell Beach (south) site is a ‘minor day use’ area; i. For Base Camp and Youth Camp, ‘Potential lease arrangement with Yawuru including commercial cultural activities’ should be replaced with ‘Potential lease arrangements with Yawuru Park Council including commercial cultural activities’; j. Set aside an area of 7500 sq.m at Gantheaume Point Beach Access Site for the Fishing Club and Car/Trailer Parking; k. Enter into discussions with Department of Education regarding the possible relocation of the Camp School to Youth Camp; l. Undertake a review of the location of the section of Gantheaume Point Road to the northwest of the Turf Club, as the road is currently not located within the road reserve.
2. Requests the Yawuru Park Council to facilitate the orderly and well managed implementation of the Draft Recreation Master Plan through the development of:
a. An Asset Management Plan for the Yawuru Conservation Estate through a ‘whole of life’ approach; b. A 5 year Yawuru Conservation Estate Capital Works Program using a project prioritisation assessment and a cost benefit analysis, and that this Program be budgeted accordingly;
Moved: Harold Tracey Seconded: Maxine Charlie |
Item 6.1 Simpson Beach Access Project Details
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RECOMMENDATION:
That the YPC:
1. Authorizes for BMW to complete the Simpson Beach project, including the tender process, as long as the successful tender falls within the allocated budget (and State Government procurement guidelines. 2. The YPC to formally advise the KPA that the KPA contribution to the project will be for development of Design Concept and construction of the Drainage Swale and access staircase only, not exceeding the value of $200,000.00.
Moved: Harold Tracey Seconded: Dean Matthews |
Item 6.2 Proposed Broome Quad Bike Tours on Cable Beach
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RECOMMENDATION:
That the YPC: 1. Provide written advice to the Shire of Broome within 30 days outlining its position in relation to the trading license application.
Moved: Harold Tracey Seconded: Dean Matthews |
CONSULTATION
The YPC comprises representatives from Yawuru, the Shire and DPaW, working collaboratively to manage the Yawuru Conservation Estate.
STATUTORY ENVIRONMENT
Land Administration Act 1997
Section 46. Care, control and management of reserves
(1) The Minister may by order place with any one person or jointly with any 2 or more persons the care, control and management of a reserve for the same purpose as that for which the relevant Crown land is reserved under section 41 and for purposes ancillary or beneficial to that purpose and may in that order subject that care, control and management to such conditions as the Minister specifies.
(2) The Minister may, with the consent of the management body of a reserve and of the holders of any interests within the reserve, by order vary any condition to which the care, control and management of the reserve is subject.
(3) The Minister may —
(a) by order confer on a management body power, subject to section 18, to grant a lease or sublease or licence over the whole or any part of the Crown land within the reserve in question for the purposes referred to in subsection (1); and
(b) approve a mortgage of any such lease.
(3a) The Minister may by order —
(a) without the consent of the management body of a reserve, vary —
(i) an order made under subsection (3)(a); or
(ii) an order made under section 33 of the repealed Act or section 42 or 43 of the Land Act 1898 7 that subsists as an order made under subsection (3)(a),
in relation to whether or not prior approval in writing of the Minister is required to a grant of a lease, sublease, or licence; or
(b) with the consent of the management body of a reserve, vary any other condition to which —
(i) an order made under subsection (3)(a); or
(ii) an order made under section 33 of the repealed Act or section 42 or 43 of the Land Act 1898 7 that subsists as an order made under subsection (3)(a),
is subject.
(3b) The Minister’s approval under section 18 is not required for the exercise of a power conferred under subsection (3)(a) unless —
(a) the person on whom the power is conferred is —
(i) a body corporate that is constituted for a public purpose under an enactment and is an agency of the Crown in right of the State; or
(ii) a person referred to in subsection (10)(b),
and the order provides that the Minister’s approval under section 18 is required; or
(b) the person on whom the power is conferred is a person other than a person referred to in paragraph (a).
(4) If an unmanaged reserve is the subject of —
(a) a lease granted under section 47; or
(b) a licence, or a lease or profit à prendre, granted under section 48,
or of any other interest in the unmanaged reserve, the Minister may under subsection (1) place the care, control and management of that reserve with a management body subject to that licence, lease or profit à prendre or other interest, the term of which continues unbroken by that placing.
(5) An order made under subsection (1), (2), (3) or (3a) does not create any interest in Crown land in the relevant reserve in favour of the management body of that reserve.
(6) If Crown land reserved under section 41 for the purpose of recreation is leased or subleased under a power conferred under subsection (3), the lessee or sublessee may, unless the terms of the management order or the lease or sublease otherwise provide, restrict public access to the area leased.
(7) A person with whom the care, control and management of a reserve is placed by order under subsection (1) has, by virtue of this subsection, the capacity, functions and powers to hold and deal with the reserve in a manner consistent with the order, any order conferring power on that person under subsection (3)(a) and this Act to the extent that the person does not already have that capacity or those functions and powers.
(8) Subsection (7) does not authorise a management body to perform a function or exercise a power if another enactment expressly prevents the person from performing that function or exercising that power, or expressly authorises another person to perform that function or exercise that power.
(9) Any instrument in relation to the care, control and management of a reserve entered into or given by a person holding an office referred to in subsection (10)(b)(i) or (iii) is taken to have been entered into or given by the person for the time being holding that office.
(10) In subsection (1), a reference to a person is a reference to —
(a) a person having perpetual succession;
(b) a person not having perpetual succession who is —
(i) a Minister to whom the Act specified in the relevant order is for the time being committed by the Governor; or
[(ii) deleted]
(iii) a person holding a prescribed office.
(11) If an order made under section 33 of the repealed Act subsists under clause 16(1) of Schedule 2 as if it were a management order under section 46(1), the Minister may by order vary that order to place the care, control and management of the reserve the subject of the order with a person referred to in subsection (10).
(12) An order made under section 46(1) before the coming into operation of section 12 of the Land Administration Amendment Act 2000 1 may be varied by the Minister by order to place the care, control and management of the reserve the subject of the order with a person referred to in subsection (10).
Conservation and Land Management Act 1984
Section 33. CEO, functions of
(1) The functions of the CEO are, subject to the direction and control of the Minister —
(f) to provide advice to, or undertake work for or jointly with, and to supply services or facilities to, any department, public or private body or other person, whether in the State or elsewhere if the Minister is of the opinion that the provision of that advice or the undertaking of that work is in the public interest;
POLICY IMPLICATIONS
Nil.
FINANCIAL IMPLICATIONS
Nil.
RISK
Should Council fail to endorse motions passed at a YPC meeting, this may impact on the relationship between the Shire and Yawuru and DPaW.
STRATEGIC IMPLICATIONS
Our People Goal – Foster a community environment that is accessible, affordable, inclusive, healthy and safe:
Effective communication
A healthy and safe environment
Our Organisation Goal – Continually enhance the Shire’s organisational capacity to service the needs of a growing community:
Sustainable and integrated strategic and operational plans
Responsible resource allocation
Effective community engagement
Improved systems, processes and compliance
VOTING REQUIREMENTS
Simple Majority
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That Council receives the minutes of the Yawuru Park Council held on 18 March 2015, 13 May 2015 and 15 July 2015 and 25 February 2016, and endorses the motions passed by the Yawuru Park Council at these meetings.
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Minutes of YPC meeting on 18 March 2015 |
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Minutes of YPC meeting on 13 May 2015 |
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Minutes of YPC meeting on 15 July 2015 |
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Unconfirmed minutes of YPC meeting on 25 February 2016 |
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Yawuru Park Council Senior Officers Group Terms of Reference |
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Item 10.2 - Yawuru Park Council Progress Report, 2015 Minutes (March, May and July) and 2016 Minutes (February) |











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Item 10.2 - Yawuru Park Council Progress Report, 2015 Minutes (March, May and July) and 2016 Minutes (February) |







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Item 10.2 - Yawuru Park Council Progress Report, 2015 Minutes (March, May and July) and 2016 Minutes (February) |





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Item 10.2 - Yawuru Park Council Progress Report, 2015 Minutes (March, May and July) and 2016 Minutes (February) |







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Item 10.2 - Yawuru Park Council Progress Report, 2015 Minutes (March, May and July) and 2016 Minutes (February) |






11.1 PROPOSED CLOSURE OF LANEWAY LINKING WING PLACE AND TANG STREET
The following Notice of Motion was submitted by Cr M Fairborn on 15 July 2016 with Officer Comment by Director Development Services.
COUNCILLOR COMMENT / BACKGROUND
There is an overwhelming public perception within the Broome community of increasing antisocial and criminal behaviour. The community have called upon all levels of Government to implement strategies to combat this. As a result, the Broome Shire formed the Community Safety Working Group, as well as adopting a range of other methods to help provide increased safety and wellbeing to residents and visitors. Designing Out Crime Planning Guidelines June 2006, also supports this philosophy. I believe it is appropriate for the Shire of Broome to adopt these principles for the benefit of our community.
Background
A number of residents and home owners of properties in Wing Place have described ongoing antisocial behaviour and extensive littering in the street and the laneway. This issue results in private properties being less desirable to purchase or rent on the public market. It also makes the attraction and retention of tenants more difficult. Apparently some perspective tenants have left real estate property viewings before even looking inside the homes due to the state of the street and laneway. Residents have stated that they would like the laneway closed.
The Australian Government, Australian Institute of Criminology have produced a publication called ‘Effective crime prevention interventions for implementation by Local Government’. One of the recommendations described how reduced access to residential areas (such as through laneway gating) showed evidence of effectiveness in reducing crime and antisocial behaviour. This in turn would increase desirability for prospective tenants and create a more positive ethos and neighbourhood culture.
Proposal
That the laneway linking Wing Place and Tang Street be:
1. Closed immediately; and
2. A land buy back scheme be investigated with the intention to offer the owners of the laneway’s neighbouring properties an opportunity to ‘buy back’ the land of the laneway.
Financial
The cost to implement the above would need to be considered, but is not expected to exceed more than $10,000.00.
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That the laneway linking Wing Place and Tang Street be: 1. Closed immediately; and 2. A land buy back scheme be investigated with the intention to offer the owners of the laneway’s neighbouring properties an opportunity to ‘buy back’ the land of the laneway.
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11.2 ADOPTION OF CABLE BEACH DEVELOPMENT STRATEGY
The following Notice of Motion was submitted by Cr E Foy on 20 July 2016 with Officer comment provided by Director Development Services.
COUNCILLOR COMMENT / BACKGROUND
A number of residents and home owners have expressed their concern regarding the Draft Cable Beach Development Strategy.
This is due to proposed building height restrictions on Lots 1640 and 2212 Cable Beach Road West (the former location of the Malcolm Douglas Crocodile Park) to allow for a five-storey building. Concerns have also been raised in relation to the clearing of vegetation along Cable Beach West Road.
This type of development will increase traffic congestion in the area and there are concerns that a lack of infrastructure exists to service the increase in people and vehicles.
OFFICER Comment
The draft Cable Beach Development Strategy (draft Strategy) was publicly advertised in accordance with a Community Engagement Plan endorsed by Council at its April 2016 Ordinary Meeting. At the close of the advertising period 40 submissions had been received. Of these submissions, 12 expressed concern about the potential for a five-storey building, one submitter wished to see further urban design studies undertaken prior to supporting an increase in building height, and one submitter wanted the building height allowance to accommodate a taller building. Five submitters expressed concern about the clearing of vegetation along Cable Beach Road West. Each of these matters is addressed below.
Potential for 5 storey building
Local Planning Scheme No. 6 (LPS6) current limits non-residential building height to a wall height of 10 metres and an overall height of 14 metres, which is generally equivalent to three stories. However, Clause 5.4.1 of LPS6 allows the local government to vary any standard or requirement under the Scheme, ‘unconditionally or subject to such conditions as the local government thinks fit.’ The draft Strategy endeavours to guide the local government in terms of where exercising this discretion may be appropriate.
LPS6 states that the local government may only exercise its power to vary a Scheme provision if:
(a) Approval of the proposed development would be appropriate having regard to the criteria set out in clause 67 of the deemed provisions; and
(b) The non-compliance will not have any adverse effect upon the occupiers or users of the development, the inhabitants of the locality or the likely future development of the locality.
The criteria to be considered in Clause 67 of the deemed provisions include:
(m) the compatibility of the development with its setting including the relationship of the development to development on adjoining land or on other land in the locality including, but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the development;
(n) the amenity of the locality including the following:
(i) environmental impacts of the development;
(ii) the character of the locality; and
(iii) social impacts of the development
This means that if a development proposal is not consistent with the above (i.e. it is considered incompatible with the bulk and scale of adjoining development, or it will have adverse impacts on the environment or the character of the locality) then it will not be supported.
It should be noted that the draft Strategy only identifies a single site, the Old Crocodile Park site, as potentially being suitable for an increase in height to no more than 5 storeys. Whilst the draft Strategy allows for proposals for increased height at this site to be considered on their merits, it does not commit Council to a particular course of action. In this way it is considered that LPS6 already contains adequate controls to prevent inappropriate development.
The vision of the draft Strategy is for the Cable Beach Tourist Precinct to continue to function as the major leisure tourism area of the Shire, including tourist accommodation, restaurants, bars and leisure activities on and around Cable Beach. State and national guides for tourism planning encourage the provision of incentives, including ‘floor space and height inducements’ to stimulate tourist development. (WAPC Tourism Planning Guidelines 2014, National Tourism Planning Guide – A Best Practice Approach 2011). Officers considered that this incentive is best applied to the Old Crocodile Park site as it sits at the intersection of the two ‘Priority Active Frontages,’ Cable Beach Road West and Sanctuary Road, at the main entry into Cable Beach. Further, it is on the eastern side of Cable Beach Road West and set back over 300m from the beach, which is considered an adequate distance to preserve the spacious character of the foreshore and limit environmental impacts.
Car parking will be assessed as part of any development application, and it is noted that the draft Strategy requires car parking for tourist development to be provided on site and screened from the street which will minimise amenity impacts. On-street parking will be supported for the commercial uses along ‘Priority Active Frontages,’ however this must be in the road reserve, and road reserves along Cable Beach Road West and Sanctuary Road are of sufficient width to accommodate this. The Shire has further undertaken a District Traffic Study which assessed the capacity of all major roads in the townsite. Whilst this Study is still in draft format, the modelling outcomes indicate that all roads in the Cable Beach Tourist Precinct operate substantially below capacity, with a vehicle over-capacity-ratio of less than 75% (considered highly functional) predicted until at least 2051. Therefore, it is considered that the existing road network in Cable Beach has the capacity to accommodate traffic generated from any proposed development of the site.
Clearing of vegetation
The draft Strategy does not encourage clearing of vegetation, however recognises that this will occur if the Yawuru tourism site on the western side of Cable Beach Road West is developed. Any clearing in excess of 5 hectares in any financial year will require a clearing permit to be obtained from the Department of Environment Regulation (DER) under the Environmental Protection (Clearing of Native Vegetation) Regulations 2004.
The draft Strategy further discusses streetscape enhancements along Cable Beach Road West, as it is envisaged that this road will ultimately provide a direct linkage between the Cable Beach Precinct and Chinatown. As the shortest route between the two precincts, this link would likely become the major thoroughfare across the peninsula, and it is envisaged that it will cater for cyclists, pedestrians, and public transport as well as vehicles.
A road of this standard will require dual use paths on both sides of street, as well as sufficient lighting and adequate shade trees for pedestrian comfort. Additionally, as Cable Beach Road West is identified as a ‘Priority Active Frontage’ it is likely that on-street parking will be required along some sections as development with active street-level commercial uses occurs. This streetscape improvements will be required to provide a level of service and amenity that is consistent with a higher-order road that functions as the entry to a world-class tourist destination. As Yawuru owns a substantial amount of land with frontage to Cable Beach Road West, the draft Strategy further recommends working with Yawuru to incorporate cultural elements into the streetscape. This is considered to be a positive outcome which will assist in achieving Council’s vision for the Precinct.
Whilst this is likely to mean that some vegetation along this street is removed, there is considered to be ample area where vegetation along the road will remain, such as along Gubinge and Gantheaume Point Roads.
Summary
The agenda item presented to Council by Officers at this Ordinary Meeting of Council outlines the public consultation that has occurred for the draft Strategy and considers the submissions received. Taking into account the submissions received, it is recommended in the agenda item that the draft Strategy be adopted by Council subject to additional minor modifications being made to the text of the draft Strategy. Overall and taking into account these recommended changes made in response to submissions, the draft Strategy is considered sound and a good guide for Council, the community and the development industry in relation to the future development and improvements in the Cable Beach Tourism Precinct.
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COUNCILLOR/OFFICER RECOMMENDATION:
That Council not adopt the Cable Beach Development Strategy.
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