Minutes of Special Meeting - 24 January 2017

Minutes – Special Meeting of Council 24 January 2017 Page 6 of 7

MINUTES OF THE Special Meeting of Council OF THE SHIRE OF BROOME,

HELD IN THE Council Chambers, Corner Weld and Haas Streets, Broome, ON Tuesday 24 January 2017, COMMENCING AT 5.00pm.

1. Official Opening

The Chairman welcomed Councillors, Officers and members of the public and declared the meeting open at 5.00pm.

2. Attendance and Apologies

Attendance: Cr R Johnston Shire President

Cr M Fairborn

Cr D Male

Cr C Mitchell

Cr B Rudeforth

Leave of Absence: Nil

Apologies: Cr H Tracey Deputy Shire President

Cr E Foy

Officers: Sam Mastrolembo Acting Chief Executive Officer

Casey Zepnick Acting Director Community Development

James Watt Director Corporate Services

Aletta Nugent Director Development Services

Steven Harding Director Infrastructure

Rochelle Piggin Manager Governance

Simon Penn Media and Promotions Officer

Mieke Wevers Senior Administration and Governance Officer

Public Gallery: Denis Ryan Broome Futures

Michael Leake

Ross Forbes-Stephen Cable Beachside Villas

Lahea Levi Marnja Jarndu Women’s Refuge

3. Declarations Of Financial Interest / Impartiality

FINANCIAL INTEREST
Councillor	Item No	Item	Nature of Interest
Nil

IMPARTIALITY
Councillor	Item No	Item	Nature of Interest
Nil

4. Public Question Time

The following question were received at the meeting from Ross Forbes-Stephen:

Question One:

Why is the information contained in item 6.3.1 not available to the public? As a tourism business in Broome, this could be of benefit and impact to my business.

Answer provided by Chairman:

This question will be taken on notice. The item is to be considered behind closed doors.

Question Two:

My concern with this issue is that it’s been raised by ANW and a consortium. No information has been requested from myself or other tourism businesses that I’ve spoken to. The Shire will potentially be contributing $100,000 dependant on numbers. My concern is that the Shire (as a government body), is supporting a small number of businesses to the detriment of other businesses. If the Shire is putting in money, it should be made open to others. Will a decision be made today?

Answer provided by Chairman:

The item is for Council’s consideration at this meeting. The Shire does provide opportunities for all community groups to make application for grant funding and it should also be noted that Differential Rates raises revenue specifically for tourism purposes. You are welcome to call officers or myself direct tomorrow to discuss your concerns further.

5. Matters For Which The Meeting May Be Closed

The Acting Chief Executive Officer advises that there are matters for discussion on the agenda for which the meeting may be closed, in accordance with section 5.23(2) of the Local Government Act 1995.

Council Resolution:

Moved: Cr D Male Seconded: Cr M Fairborn

That the following Agenda items be considered under section 8. Matters Behind Closed Doors, in accordance with section 5.23(2) of the Local Government Act 1995, as specified:

6.3.1 BROOME TO SINGAPORE FLIGHTS - REQUEST FOR SUPPORT

Item 6.3.1 and any attachments are 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”.

CARRIED UNANIMOUSLY 5/0

Minutes – Special Meeting of Council 24 January 2017 Page 10 of 11

6.1.1 REQUEST FOR SUPPORT FOR EASEMENT TO WATER CORPORATION OVER RESERVE 52308, WOODS DRIVE, CABLE BEACH

LOCATION/ADDRESS: Lot 561 and Lot 562 Deposited Plan 71526, Dann Place, Cable Beach

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 December 2016

SUMMARY: The Shire had previously supported the creation of a drainage reserve over the existing drainage sump near Dann Place and Woods Drive at Cable Beach. The Shire has now received a request from Water Corporation (through the Department of Lands) to support the creation of an easement within the adjacent Yawuru Conservation Estate for a Waste Water Pump Station and Pressure Main.

BACKGROUND

Previous Considerations

OMC 25 September 2014 Item 9.2.3

OMC 30 April 2015 Item 9.2.4

To allow the creation of the Class “A” Reserve over Area 6 in accordance with the Yawuru Indigenous Land Use Agreement (ILUA), the Department of Lands had previously requested the Shire support the closure of the redundant portion of Gubinge Road reserve (Lot 559 on Deposited Plan 71526) and the dedication of Lot 563 on Deposited Plan 71526 as a road reserve. The purpose of this action was to correct the issues associated with a constructed portion of Gubinge Road falling outside the gazetted road reserve.

Area 6 in the ILUA is proposed to be reserved as Class “A” Reserve for the purpose of “Conservation, Recreation, Traditional and Customary Aboriginal Use and Enjoyment”, to be jointly managed by the Yawuru RNTBC and the Shire of Broome. Within two of the lots comprising Area 6 (Lots 561 and 562 on DP 71526) there is a large existing drainage sump and associated infrastructure, which forms an integral part of the Shire’s stormwater drainage system. The sump receives stormwater form the Woods Drive catchment area and the new Birragun Buru (Palmer Road) subdivision.

At the Ordinary Meeting of Council (OMC) on 25 September 2014, Council authorised the Chief Executive Officer to negotiate with the Yawuru Park Council (YPC) to create a drainage reserve over the existing drainage sump within the future Class “A” Reserve in Area 6. At its meeting on 18 March 2015, the YPC resolved to support the excision of the drainage reserve.

Council considered the YPC’s resolution at the April 2015 OMC and resolved to endorse the creation of the reserve, with a Management Order to the Shire for the purpose of drainage. Council also made a number of resolutions in relation to the realignment of the Gubinge Road reserve. These resolutions regarding the Gubinge Road reserve have been implemented and the modifications to the road reserve took effect on 21 April 2016.

The Department of Lands is now requesting that the Shire of Broome support the creation of an easement to Water Corporation within Area 6, in the joint managed Lot 561 on DP71526. A copy of this request is shown as Attachment 1 to this report.

COMMENT

Water Corporation have advised in their letter forming part of Attachment 1, that the easement is required to allow for the construction of a new below ground pump station, pressure main and gravity sewer providing for the disposal of wastewater. Note that this letter was dated 18 November 2013, and that the wastewater infrastructure has since been constructed.

The proposed easement area is shown on Deposited Plan 403735 on page 2 of Attachment 1. An aerial photo of the site is shown as Attachment 2 to this report.

The proposed location of the easement does not impact on the Shire’s proposed drainage reserve, and is only over 548m² of the joint managed conservation estate reserve. Also, as the infrastructure has already been constructed, the easement will apply to the land already containing this infrastructure.

The Yawuru Native Title holders have provided their support for the easement.

Overall, the easement is necessary to allow for the ongoing operation and maintenance of infrastructure required to service the wastewater treatment needs of Broome. Shire officers have no objection to the creation of the easement over the joint managed reserve. Therefore, it is recommended that Council support the creation of the easement to Water Corporation for “Waste Water Pump Station and Pressure Main” in accordance with Deposited Plan 403735.

CONSULTATION

Department of Lands

Yawuru Park Council Working Group

STATUTORY ENVIRONMENT

Land Administration Act 1997

44. Easements in class A reserves

(1) Subject to subsection (2), if the Minister proposes —

(a) to grant an easement under section 144; or

(b) to permit the creation of an easement for the purposes of section 148, in, on, over, through or under Crown land which is classified under section 42 as a class A reserve, the Minister must cause that proposal to be laid before each House of Parliament and section 43(1) then applies.

(2) The Minister must, not less than 30 days before acting under subsection (1) in relation to a class A reserve, advertise his or her intention so to act in a newspaper circulating throughout the State.

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

Nil. The creation of the easement does not give rise to any costs to the Shire.

RISK

Should the Shire decline to provide support for the creation of the easement, there is a risk of damaging the Shire’s reputation and relationship with the Water Corporation by preventing them from implementing measures to protect their infrastructure. The risk of this occurring should the Shire decline to support the creation of the easement is considered Likely.

There are no foreseeable risks associated with the Shire supporting the creation of the easement.

STRATEGIC IMPLICATIONS

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

Affordable services and initiatives to satisfy community need

A healthy and safe environment

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

Affordable and equitable services and infrastructure

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell Seconded: Cr D Male

That Council supports the creation of an easement to Water Corporation for “Waste Water Pump Station and Pressure Main” as shown on Deposited Plan 403735.

CARRIED UNANIMOUSLY 5/0

Attachments

1.	Letter from Department of Lands requesting support for creation of easement
2.	Aerial image of site

Minutes – Special Meeting of Council 24 January 2017 Page 21 of 22

6.1.2 REQUEST FOR SUPPORT FOR "WATER PIPELINE" EASEMENT TO WATER CORPORATION - PROPOSED DEDICATED PORT SMITH ROAD RESERVE, LA GRANGE

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: POR-2/GEN

AUTHOR: Director Development Services

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 21 December 2016

SUMMARY: The Shire has received a request from the Department of Lands seeking the Shire’s support for an easement for the purpose of “Water Pipeline” to Water Corporation. The proposed easement would be located within the Port Smith Road reserve once formally dedicated.

BACKGROUND

Previous Considerations

Nil.

The Shire has received correspondence from the Department of Lands, seeking the Shire’s support for the granting of an easement to Water Corporation for the purpose of “Water Pipeline” pursuant to section 144 of the Land Administration Act 1997. A copy of this correspondence is attached to this report.

COMMENT

Water pipeline infrastructure owned by Water Corporation exists within the area of land that is proposed to be included within the Port Smith Road reserve. This infrastructure consists of a water pipeline extending from a bore site to freehold Lot 129 on DP182123.

Water Corporation wishes to protect this infrastructure through the creation of an easement for “Water Pipeline” purposes. It is proposed that this easement be located within the Port Smith Road reserve, and will not be granted until after Port Smith Road is formally dedicated.

A copy of a plan showing the proposed “Water Pipeline” easement is included on page 2 of the attachment.

A response to this request has been delayed by uncertainty over the alignment and progress of the creation of the proposed Port Smith Road reserve. This matter was formally considered by Council at the Ordinary Meeting of Council on 24 November 2016, providing greater certainty over the creation of the road reserve.

Shire officers are aware of the location of the infrastructure and have no concerns with the creation of the easement within the road reserve to accommodate it. Therefore, it is recommended that Council support the creation of an easement to Water Corporation for “Water Pipeline” over the existing water pipeline within the proposed dedicated Port Smith Road reserve.

CONSULTATION

Department of Lands

STATUTORY ENVIRONMENT

Land Administration Act 1997

144. Easements over Crown land, Minister’s powers to grant etc.

(1) Subject to this section, the Minister may —

(a) with the consent of every management body of the relevant Crown land and of every person having any interest, right, title or power in respect of that land, grant to any person an easement in, on, over, through or under that Crown land for a specified purpose or any other purpose the Minister thinks fit; and

(b) in that grant express that easement to be subject to specified conditions and the payment of specified consideration.

(2) The grantee of an easement may, with the consent of any management body or lessee of the relevant Crown land, apply to the Minister for the easement to be varied or cancelled.

(2a) An easement may be granted under this section despite the fact that the characteristics of the easement do not satisfy all of the characteristics that must be satisfied for an easement to be created under the common law.

(3) The Minister may, on receiving an application under subsection (2) —

(a) by order or other instrument vary or cancel the relevant easement; or

(b) refuse the application.

(4) In this section —

specified purpose means for —

(a) the provision of pipes, conduits, cables, transmission lines, and other services; or

(b) the provision of any structure, plant, or equipment; or

(c) the provision of access for carrying out of any works and the performance of any maintenance that is necessary for, or ancillary or incidental to, giving effect to any of the purposes referred to in paragraph (a) or (b); or

(d) a prescribed purpose.

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

Nil. The creation of the easement does not give rise to any costs to the Shire.

RISK

There are no foreseeable risks associated with the Shire supporting the creation of the easement.

STRATEGIC IMPLICATIONS

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

Affordable services and initiatives to satisfy community need

A healthy and safe environment

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

Affordable and equitable services and infrastructure

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell Seconded: Cr M Fairborn

That Council supports the creation of an easement to Water Corporation for “Water Pipeline” over the existing water pipeline within the proposed dedicated Port Smith Road reserve.

CARRIED UNANIMOUSLY 5/0

Attachments

1.	Letter from Department of Lands requesting support for creation of easement

Minutes – Special Meeting of Council 24 January 2017 Page 27 of 28

6.2.1 PARTIAL CLOSURE OF FAIRWAY DRIVE AND REQUEST FOR DEDICATION OF EXISTING ROAD, PORTIONS OF COUCAL STREET, BILINGURR

LOCATION/ADDRESS: Fairway Drive, Bilingurr

APPLICANT: Nil

FILE: NAT53, PLA67.10, FAI-1/GEN

AUTHOR: Strategic Planning Coordinator

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 12 December 2016

SUMMARY: The Shire, as a party to the 2010 Yawuru Prescribed Body Corporate Indigenous Land Use Agreement (ILUA), is required to assist the State of WA where necessary to facilitate the transfer of land to Nyamba Buru Yawuru Ltd as set out in the ILUA. It has come to the Shire’s attention that one land parcel in Coucal Street cannot be transferred as it is currently bisected by the unconstructed Fairway Drive road reserve. It is further noted that the existing constructed Fairway Drive is not wholly contained within the gazetted road reserve. This report recommends that Council initiate the closure of the required portion of Fairway Drive and dedication of the constructed portions of Fairway Drive as road reserve.

BACKGROUND

Previous Considerations

OMC 12 May 2011 Item 9.3.11

OMC 6 September 2012 Item 9.2.5

OMC 21 February 2013 Item 9.2.7

OMC 18 July 2013 Item 9.2.1

OMC 19 December 2013 Item 9.2.10

OMC 27 March 2014 Item 9.2.3

OMC 25 September 2014 Item 9.2.2

As part of the 2010 Yawuru Prescribed Body Corporate ILUA a number of land parcels were earmarked to be transferred to Nyamba Buru Yawuru Ltd (NBY) in freehold title. Schedule 5, Part 2 of the ILUA describes one such parcel as:

Lot 3128 Minimum 5ha

Lot 3128 on deposited plan 32082 being CLT Volume 3128, Folio 60 (minimum 5ha) (Qualified CLT) and Part Lot 3150 on deposited plan 36809 and part of proposed road ‘Fairway Drive.’

The above land (hereafter referred to as ‘subject land’) is shown in Attachment 1.

Previous Closure and Dedication Process

The creation of a lot with the required minimum size of 5 hectares will require the closure of a portion of the unconstructed Fairway Drive road reserve. The process to initiate this closure commenced in May 2011, when Council resolved to give notice of its intention to request closure of the relevant portion of the road under Section 58 of the Land Administration Act 1997 (the LAA). Attachment 2 shows the portion of Fairway Drive that was proposed to be closed.

It was noted at this time that the existing alignment of Fairway Drive, Coucal Street and Oryx Road is not wholly incorporated in an existing road reserve, as a triangular portion of Coucal Street to the north-east of the Bili Resort (Lot 3127 Coucal Street) and a portion of Coucal Street directly adjacent to Lot 3129 Coucal Street are currently classified as Unallocated Crown Land (refer to Attachment 2 for a map of these portions of land). Therefore, Council also resolved that it would request dedication of these portions of land as ‘road reserve’ under Section 56 of the LAA.

The proposed road closure was publicly advertised from 31 May 2012 to 5 July 2012 in accordance with the LAA, with no objections received. The matter was brought back to Council in September 2012 at which time it resolved to formally request the closure and dedication of the roads described above.

At this time investigations were also being undertaken into the preferred future alignment of adjacent roads and a plan was prepared showing how Oryx Drive could be realigned to pass through Lot 3129 Coucal Street, to compliment future development in Broome North. (Refer Attachment 3). Such an alignment would require additional road closures and land swaps and as such further discussions were undertaken with the then Department of Regional Development and Lands (RDL). After a favourable response from RDL for the proposal, Council resolved in February 2013 to give notice of its intention to request closure of portions of Millington Road, Fairway Drive and Oryx Road in accordance with Attachment 3. Council further supported the inclusion of the closed portion of Fairway Drive north of the subject land in the adjacent Reserve 50994, and the inclusion of the closed portion of Millington Road into the subject land (as a land swap to compensate for the widening of the Fairway Drive/Coucal Street road reserve along the western boundary of the subject land). These road closures were advertised from 20 June 2013 to 25 July 2013.

Whilst consideration of alternative road alignments was ongoing, the Department of Lands (DoL) requested the Shire to indemnify the Minister for Lands for the dedication of the two sections of Coucal Street as per Council’s September 2012 resolution. This is in accordance with Section 56(4) of the LAA which states:

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

This request was considered by Council in July 2013 where it resolved to indemnify the Minister as required under the LAA. However, the attachment in the Council Item only referred to the portion of Coucal Street directly adjacent to Lot 3129 and not the northern portion. The DoL subsequently requested further clarification that the indemnification was to apply to both portions. At this time the future direction for Broome North (discussed below) was becoming clearer, and the matters discussed above did not progress further.

Broome North District Development Plan and Local Development Plan No. 3

In 2013 LandCorp approached the Shire expressing its intent to amend the District Development Plan (DDP) for Broome North, which was endorsed by the Western Australian Planning Commission (WAPC) in July 2010. These amendments included changes to the boundary of the DDP area to include Lots 3128 and 3129 Coucal Street, Lot 3130 Sanctuary Road, and the Coucal Street, Fairway Drive, and Oryx Drive road reserves. An alternative road alignment to what had previously been contemplated was also requested, which would see:

· Fairway Drive (north of Coucal Street) adjacent to the A Class Reserve (Reserve 50994) and through Lot 3128 closed;

· Insertion of a new ‘Neighbourhood Connector’ road running south from Fairway Drive along Reserve 50994 and through the middle of Lot 3129 Coucal Street, connecting to Oryx Drive;

· Fairway Drive (south of Millington Road) closed and incorporated into a Multiple Use Corridor; and

· Termination of the northern end of Coucal Street in a cul-de-sac.

The amended road layout in the DDP is included as Attachment 4. This road alignment was agreed upon by LandCorp and NBY and was predominantly designed to align with the outcomes of an Aboriginal Heritage report which recommended the relocation of Fairway Drive to protect the integrity of Reserve 50994 and the adjacent ‘Hidden Valley.’ There were also considered to be a number of traffic management and road safety benefits to the proposal.

The amended DDP was considered by Council as a draft in December 2013. In recognition of the fact that the alternative road layout proposed was not consistent with what Council had resolved in February 2013, officers asked Council to revoke its previous decision, and to authorise the Chief Executive Officer to advise DoL accordingly. These resolutions were made and correspondence was sent to DoL in January 2014.

The amended DDP was subsequently endorsed by Council in March 2014, with the inclusion of a condition which stated:

7. The District Movement Network realignments, closures and construction, including the roundabout access to the future Caravan Park on Fairway Drive and Sanctuary Drive, is to be at the developer’s cost.

LandCorp further progressed with detailed planning for that section of Broome North through Local Development Plan No. 3 (LDP), which was endorsed by Council in September 2014 with the inclusion of an identical condition to that which was applied to the DDP. The approved LDP3 is included as Attachment 5. Both the amendments to the DDP and LDP3 have been endorsed by the WAPC and hence function as the operative planning framework for the area. As both plans indicate that all future modifications to the road network will be undertaken by the developer, no further action has been taken by the Shire with respect to road closures.

Current Situation

On 30 November 2016 Shire officers attended a meeting of the Yawuru Implementation Committee (YIC). The YIC was originally formed in 2010 and comprises members from the Shire, NBY, the Department of Parks and Wildlife, the Department of Aboriginal Affairs, the Kimberley Port Authority, the Department of Premier and Cabinet, DoL, the Department of Planning and the State Solicitor’s Office. Its purpose is to facilitate the implementation of the Yawuru ILUAs. Regular meetings of the YIC had ceased in approximately 2013 however these have now been reactivated on a quarterly basis.

At the YIC, DoL gave a presentation on outstanding land transfers required under the ILUA during which it was revealed that the transfer of the subject land has not proceeded as the partial closure of Fairway Drive was never finalised. Officers consider that this closure can be undertaken as originally envisaged in 2011 without jeopardising the future lot and road layout established in LDP3, at minimal cost to the Shire. This report therefore asks Council to given notice of its intention to close a portion of the undeveloped Fairway Drive road reserve, and to request the dedication of two portions of Coucal Street.

COMMENT

The preferred alignment for roads in the vicinity of the subject land has been subject to much discussion over a period of years. Ultimately, the Shire as a party to the ILUA has an obligation to assist in its implementation, which in this case requires the partial closure of an unconstructed road reserve.

It is noted that the relevant road closure and dedication processes as set out in the LAA were undertaken by the Shire in 2011-12, and progressed to the point of indemnifying the Minister for Lands against any claims for compensation and costs resulting from the dedications. However as several years have elapsed, it is considered appropriate to restart the process, including the required public advertising, to ensure that the relevant service providers and other stakeholders have an opportunity to reconsider the proposal in the current context. An updated plan showing the proposal is included as Attachment 6. The only difference from the original is that the Shire is no longer seeking to increase the Coucal Street road reserve width to 40 metres, as the current reserve width is appropriate for the existing conditions and the road alignment will eventually be altered when LandCorp progresses LDP3. A further plan is included as Attachment 7 indicating how the closed portions of the road can be amalgamated into adjoining land parcels consistent with LDP3 and the ILUA. It is anticipated that the amalgamations will be completed by DoL in its implementation of the ILUA.

As discussed above, the current Fairway Drive road reserve does not align with the placement of the road and as such there will be no traffic impacts from the partial closure. Similarly, the portions of Coucal Street requested for dedication simply reflect the existing road alignment and will normalise the current situation.

Given this, it is recommended that Council support the closure and dedications.

CONSULTATION

Under Section 58 of the LAA the local government must advertise the proposed road closure for a period of no less than 35 days. The Crown Land Administration and Registration Practice Manual also requires referral of the proposal to the following agencies and service providers:

· Telstra;

· The Water Corporation;

· Horizon Power;

· The Department of Mines and Petroleum; and

· The Department of Lands

The LAA does not specify that public advertising must be undertaken to dedicate a road, however the Crown Land Administration and Registration Practice Manual also speaks of referral of the proposal to the above public authorities. This will be done concurrently with the road closure advertising.

STATUTORY ENVIRONMENT

Land Administration Act 1997

56. Dedication of land as road

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

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

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

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

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

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

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

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

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

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

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

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

(c) refuse the request.

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

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

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

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

58. Closure of roads

(1) When a local government wishes a road in its district to be closed permanently, the local government may, subject to subsection (3), request the Minister to close the road.

(2) When a local government resolves to make a request under subsection (1), the local government must in accordance with the regulations prepare and deliver the request to the Minister.

(3) A local government must not resolve to make a request under subsection (1) until a period of 35 days has elapsed from the publication in a newspaper circulating in its district of notice of motion for that resolution, and the local government has considered any objections made to it within that period concerning the proposals set out in that notice.

(4) On receiving a request delivered to him or her under subsection (2), the Minister may, if he or she is satisfied that the relevant local government has complied with the requirements of subsections (2) and (3) —

(a) by order grant the request;

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

(c) refuse the request.

(5) If the Minister grants a request under subsection (4) —

(a) the road concerned is closed on and from the day on which the relevant order is registered; and

(b) any rights suspended under section 55(3)(a) cease to be so suspended.

(6) When a road is closed under this section, the land comprising the former road —

(a) becomes unallocated Crown land; or

(b) if a lease continues to subsist in that land by virtue of section 57(2), remains Crown land.

POLICY IMPLICATIONS

3.1.15 Register of Public Roads

FINANCIAL IMPLICATIONS

There will be minor costs associated with advertising the proposed road closure and it is anticipated that these will be funded from the existing operational budget.

Whilst the Shire will be legally required to indemnify the Minister for Lands against any claims for compensation that may occur as a result of the road dedication, the land to be dedicated is currently Unallocated Crown Land and as such no compensation will be payable.

The proposed road closure and dedication will have minimal cost to the Shire and will not negatively effect the future implementation of LDP3. However, it is noted that any future changes to the road network in line with the implementation of LDP3 will be borne by LandCorp as required through previous resolutions of Council.

RISK

The transfer of the subject land to NBY is required under the ILUA and the Shire as a signatory to the ILUA is required to facilitate these transfers. This cannot be done without a portion of Fairway Drive being closed and under the LAA such a request must be initiated by the Shire. Failure to do so could pose a risk to the Shire’s reputation and the working relationship with NBY and other state government agencies.

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

STRATEGIC IMPLICATIONS

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

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

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

Affordable and equitable services and infrastructure

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell Seconded: Cr M Fairborn

That Council:

1. Gives notice of its intention under Section 58 of the Land Administration Act 1997 to request the permanent closure of part of the existing Fairway Drive road reserve adjacent to Lot 3128 Coucal Street, as shown in Attachment 6.

2. Gives notice of its intention under Section 56 of the Land Administration Act 1997 to request dedication of portions of Lot 3127 and 3129 Coucal Street as roads, as shown in Attachment 6.

3. Authorises the Chief Executive Officer to advertise this intention in a newspaper circulating in the district, with submissions to be accepted for a period of 35 days.

CARRIED UNANIMOUSLY 5/0

Attachments

1.	Attachment 1 - Subject Land to be Transferred to Yawuru under ILUA
2.	Attachment 2 - Portion of Fairway Drive to be Closed - 2011
3.	Attachment 3 - Potential Road Closures and Realignments - 2012
4.	Attachment 4 - Broome North District Development Plan
5.	Attachment 5 - Broome North Local Development Plan No. 3
6.	Attachment 6 - Proposed Road Closure and Dedication - 2017
7.	Attachment 7 - Proposed Future Amalgamations of Closed Road

Minutes – Special Meeting of Council 24 January 2017 Page 42 of 43

6.2.2 REQUEST FOR COMMENT FROM DEPARTMENT OF LANDS - PROPOSED GRANT OF PASTORAL LEASE OVER PORTION OF UCL AND EASEMENT FOR ACCESS

LOCATION/ADDRESS: Unallocated Crown Land

APPLICANT: Department of Lands

FILE: PLA01

AUTHOR: Statutory Planning Coordinator

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 19 December 2016

SUMMARY: The Shire of Broome has received a request for comment from the Department of Lands regarding a proposed pastoral lease over an area of Unallocated Crown Land (UCL) in the Shire of Broome. Comment is also sought on a proposal to grant an easement over an existing track over the UCL that is used as access to Dampier Downs Station.

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

This report recommends that the Shire supports the granting of the pastoral lease and access easement over the portion of land.

BACKGROUND

Previous Considerations

OMC 12 December 2004 Item 9.2.4

OMC 17 May 2012 Item 9.2.1

History

In 2004, the Shire of Broome received correspondence from the then Department of Planning and Infrastructure, seeking that the subject UCL parcel of land be released for pastoral purposes. This proposal was considered by Council at the Ordinary Meeting of Council (OMC) on 21 December 2004, where Council resolved to advise the Department that it had no objection to the release of the land for pastoral purposes.

In 2012, the then Department of Regional Development and Lands wrote to the Shire requesting comment on a proposal to establish a reserve for the purpose of Conservation and Protection of Aboriginal Culture and Heritage. This proposal was considered by Council at the OMC on 17 May 2012 and in the agenda item it was noted that no information was provided about the land or any evaluation of its qualities or suitability for alternative possible uses. As such Council resolved as follows:

That Council requests the Department of Regional Development and Land to provide further information about the values of the area for possible alternative uses for the area of unallocated crown land location between Roebuck Plains, Dampier Downs and Thangoo Stations so that it can properly consider its position on the matter.

In September 2012, the Shire received a response from the Department of Regional Development and Lands advising that the area was identified in the following documents as having high conservation value:

· 1980 Environmental Protection Authority, Conservation Reserves in Western Australian, Systems 7 Report, where the subject land formed part of the 7.3.4 recommendation; that it be set aside as a reserve for conservation of flora and fauna.

· Nature Conservation Reserves in the Kimberley WA Report 1991, which recommends that the subject area be set aside as part of the proposed Edgar Range Nature Reserve.

No further correspondence regarding the State’s proposal that the land be created as a reserve for conservation was received and this proposal has not progressed.

Current Proposal

The Department of Lands (DoL) is requesting that the Shire provide comment on the proposed granting of a pastoral lease and also granting of an easement over a portion of UCL, which is located approximately 120km south-east of Broome. An overview of each of the proposals will be provided below:

Pastoral Lease

The portion of land which is being considered for the granting of a pastoral lease is approximately 212,381ha in area and is bounded by Thangoo Station, Dampier Downs Station, Roebuck Plains Station and Yakka Munga Station (which in the Shire of Derby-West Kimberley). The location of the proposed pastoral lease is shown in Attachment No 1.

DoL has received confirmation from the Pastoral Lands Board that it supports the proposal subject to the advice from the Department of Agriculture and Food WA (DAFWA), that a pastoral lease over the subject land would be an economically and ecologically viable venture.

DoL will consider granting the pastoral lease as a standalone lease, or via an amalgamation of the portions of UCL into adjoining pastoral stations. The grantee party will be selected via public competition.

Easement

It is proposed to grant an easement for ‘Access’, over an existing track within the UCL and adjoining pastoral lease N049900 (Roebuck Plains Station). The track is currently being used to provide access from the Dampier Downs Station to the Great Northern Highway. A copy of the proposed easement location is shown in Attachment No 2.

COMMENT

The granting of pastoral leases and easements over UCL occurs in accordance with the Land Administration Act 1997 which is administered by the DoL. As set out above, the proposed easement will cover an existing track which forms the access to Dampier Downs Station. It will also be a legal point of access in the event the UCL were to become a separate pastoral lease. As the track is existing, no objections are raised to this proposal and it is recommended that Council respond that it supports the granting of the access easement.

With regard to the proposed grating of the pastoral lease, in reviewing the proposal, consideration is given to the Local Planning Strategy, the Local Planning Scheme No. 6 and the Shire’s Strategic Community Plan.

Local Planning Strategy

Attachment No 1 shows the location of the proposed pastoral lease overlaid over the Local Planning Strategy map. Under the Strategy the land is identified as ‘Cultural and Natural Resource Use’. The Strategy sets out that this designation is predominantly associated with UCL within the Dampier Peninsula and provides for rural living associated with outstations, smaller Aboriginal settlements, minor tourism development, and resource development.

The Strategy map also shows that the land falls within the Irrigation Investigation Area the Edgar Range Conservation Investigation Area. The Strategy provides the following direction in relation to each of these areas:

· Irrigation Investigation Area – is shown as an overlay on the Strategy maps. They identify areas which have been supported by the Department of Agriculture and Food WA (DAFWA) and Department of Water (DoW) as potential irrigation areas suitable for broad scale horticulture. Studies are currently underway in the La Grange Aquifer sub-area and the Waterbank area of the Dampier Peninsula to determine whether the areas are suitable for this purpose.

· Conservation Investigation Area – is also shown as an overlay on the Strategy maps. They identify areas which have been supported by the Department of Parks and Wildlife (DPaW) for future conservation parks or reserves and may previously have been identified in Conservation and Land Management, Department of Environment and Conservation (DEC) and DPaW reports.

The Strategy outlines that the identification of land for ‘Conservation Investigation’ does not mean that the land is zoned, or will be rezoned, for the future identified use, but rather the subject land will require detailed investigation and assessment to determine its sustainability for that purpose.

With regard to the irrigation investigation, the subject land is within the La Grange Irrigated Agriculture Investigation project undertaken by DAFWA. This project commenced in 2012 to investigate irrigated agriculture development and aimed to define industry and culturally appropriate land and water resource development options to support the expansion of irrigated agriculture in the region. As a part of the investigation’s findings, the subject land was not identified as a preferred location for irrigated agriculture development, however this does not mean that the land is not suitable for pastoral activities.

With regard to the designation of the land as a part of the Edgar Range Conservation Estate, as mentioned above under the History section, the Shire received correspondence in 2012 requesting the Shire comment on whether the subject land should be created as a Reserve for Conservation and Protection of Aboriginal Culture and Heritage. At the time, the Shire requested that further information be provided as to the values of the area in addition to other alternative land uses. Correspondence was received setting out that the proposed reservation was requested following recommendations of a 1980 EPA Report and the 1991 Report on Nature Conservation Reserves in the Kimberley WA.

Since the 1991 Report, the Shire is not aware of any further studies or investigations into whether the subject land should form part of a conservation reserve. Further and as acknowledged in the Strategy text, the overlay does not mean that the land is zoned for conservation purposes, or will be rezoned, but rather that the subject land will require detailed investigation and assessment to determine its sustainability for as a conservation area.

As a part of the DoL’s consideration of granting a pastoral lease over this land, all relevant stakeholders are consulted, which includes DPaW. Therefore if the land has significant environmental features that warrant it being set aside as a conservation estate, DPaW can provide this advice to the DoL. Further, as set out above, DAFWA will be providing advice as to whether pastoral activities on the subject land will be ecologically viable and to ascertain this must consider the potential impacts pastoral activities could have upon the environment.

Local Planning Scheme No 6 (LPS6)

Under the provisions of LPS6, the subject land is zoned General Agriculture. A pastoral land use (which is defined as ‘Agriculture-Extensive’ under LPS6) is a permitted land use and the Scheme exempts any pastoral land use and associated buildings from the need to obtain development approval.

Therefore, the proposed granting of a pastoral lease over the subject portion of land is consistent with the provisions of LPS6 and will not need development approval from the Shire of Broome.

Strategic Community Plan

Strategy 3.2.4 of the Shire’s Strategic Community Plan states ‘promote the development of agricultural and aquaculture industries’. The release of this land to be used for pastoral purposes will assist in the achievement of this Strategy.

Summary

Overall, the Shire’s Strategic Community Plan and planning framework supports the use of this land for pastoral purposes. It is acknowledged that over time there has been two separate forms of tenure proposed over the land, one being a Reserve for conservation purposes and the other that the land is used for pastoral purposes.

The establishment of a Reserve for conservation purposes should only be undertaken when the land displays high environmental qualities that are worthy of special protection and the responsible agency (which would be DPaW) is adequately resourced to manage the land. Since the 1991 Report titled Nature Conservation Reserves in the Kimberley and the earlier 1980 EPA Report, the land has not been made into a Reserve and it is unknown whether the land still displays significant environmental qualities for it to be worthy of such a reservation. The land remaining as UCL is also not an optimal environmental outcome, as without any use or management, feral animals, weeds and other potentially damaging activities could become established on the land. Further, it is acknowledged that prior to the granting of a pastoral lease over the subject land, DAFWA must determine that pastoral activities will be ecologically sustainable.

As such, it is recommended that Council supports the subject land being used for pastoral purposes, acknowledging that prior to the granting of the pastoral lease it must be demonstrated that the pastoral activity will be ecologically sustainable.

A copy of a draft response is provided in Attachment No 3.

CONSULTATION

Nil. DoL is undertaking consultation with all relevant stakeholders prior to considering whether the land should be made available for pastoral purposes. Further, prior to the granting of a pastoral lease over the land, the DoL must undertake advertising, pursuant to section 102 of the Land Administration Act 1997.

STATUTORY ENVIRONMENT

Land Administration Act 1997

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

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

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

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

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

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

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

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

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

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

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

(a) offer the pastoral lease for sale; or

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

(c) invite tenders for the lease; or

(d) offer the lease for auction.

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

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

144. Easements over Crown land, Minister’s powers to grant etc.

(1) Subject to this section, the Minister may —

(b) in that grant express that easement to be subject to specified conditions and the payment of specified consideration.

(2) The grantee of an easement may, with the consent of any management body or lessee of the relevant Crown land, apply to the Minister for the easement to be varied or cancelled.

(3) The Minister may, on receiving an application under subsection (2) —

(a) by order or other instrument vary or cancel the relevant easement; or

(b) refuse the application.

(4) In this section —

1. specified purpose means for —

2. (a) the provision of pipes, conduits, cables, transmission lines, and other services; or

3. (b) the provision of any structure, plant, or equipment; or

4. (c) the provision of access for carrying out of any works and the performance of any maintenance that is necessary for, or ancillary or incidental to, giving effect to any of the purposes referred to in paragraph (a) or (b); or

5. (d) a prescribed purpose.

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

Nil

RISK

Nil

STRATEGIC IMPLICATIONS

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

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

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

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

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr D Male Seconded: Cr B Rudeforth

That Council:

1. Requests the Chief Executive Officer to advise the Department of Lands that it supports the proposed granting of a pastoral lease and access easement over the subject portion of Unallocated Crown Land; and

2. Endorses the submission to that effect provided in Attachment No 3.

CARRIED UNANIMOUSLY 5/0

Attachments

1.	Area of Proposed Pastoral Lease
2.	Proposed Access Easement
3.	Draft Submission

Minutes – Special Meeting of Council 24 January 2017 Page 53 of 54

6.2.3 PUBLIC DUMP POINT FACILITY

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: ENH34

AUTHOR: Engineering Technical Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Infrastructure

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 19 January 2017

SUMMARY: The Shire of Broome has been offered funding by Tourism WA to install a Public Dump Point Facility at the Broome Visitor Centre. As part of the funding conditions the Shire of Broome will need to commit to a co-contribution to secure the Tourism WA grant. This report provides details of the project to aid Council in their decision to allocate the funding required to complete it.

BACKGROUND

Previous Considerations

Corporate Business Plan Item 2.5.2.1

COMMENT

With a view to continue to implement the Shire of Broome’s Tourism Administration Policy (as set out in item 2.5.2.1 of the Corporate Business Plan), it is proposed to take advantage of a grant opportunity offered by Tourism WA to install a Public Dump Point Facility behind the Broome Visitor Centre. The Tourism Administration Policy 2.1.6 states:

7.1 In the development of its capital works program, Council will allocate appropriate budgets to facilities that will support and encourage visitors to appropriate areas within its boundaries, for example, toilet blocks, boat launching facilities, directional and interpretative signage, walkways etc.

7.2 Council will seek financial support from other agencies whenever possible for the provision of tourist facilities.

Broome is one of the few towns in WA who do not provide a Public Dump Point Facility and having this facility will assist in making Broome more popular to travellers with caravans and motorhomes.

Tourism WA and the Campervan and Motorhome Club of Australia (CMCA) requested that the Shire install a Public Dump Point and have both offered their assistance in order to have one built. Tourism WA have set aside funding to assist the Shire with the installation and the CMCA are willing to provide infrastructure as part of the project in the form of a Gough Plastics ‘Dump Ezy’ Dump Point and directional signage. The Tourism WA funding requires a Shire co-contribution.

Multiple options and locations were investigated and the proposed design minimises the loss of parking areas and conforms to the grant conditions from Tourism WA. The proposed location of the facility is behind the Broome Visitor Centre alongside the existing caravan parking bays.

Other locations considered were:

· Adjacent the Reconciliation Garden;

· Within the Short Street car park;

· Male Oval;

· Behind Magabala Books; and

· Within the Cable Beach Surf Club car park.

These alternative locations were disregarded because they either:

· Were not eligible for the Tourism WA funding;

· Would have been susceptible to vandalism;

· Would have eliminated too many existing parking bays; or

· Would have been inconsistent with the existing amenity.

The total cost of the project will come to approximately $45,000. Tourism WA will contribute to the majority of these costs and the Shire may be required to contribute up to $22,500, however this is under negotiation. Shire officers will be aiming to ensure they maximise the grant funding contribution from Tourism WA. The funding is currently available however the project must be completed by end of March 2017.

Broome Visitor Centre will manage the usage of the Dump Point by holding the key to the lockable lid and providing surveillance to ensure it is being utilised properly. It is envisaged the dump point will only be available for use during Visitor Centre opening hours to avoid misuse of the facility. The Shire will be required to maintain the facility, although, it is anticipated maintenance will be minimal.

Consultation has taken place with the caravan parks in Broome all of which supported this project going ahead. Water Corporation were also consulted and have agreed to accept the black waste into their sewer system.

It is proposed the Dump Point will be constructed by March 2017 in order to satisfy the Tourism WA grant conditions. 2016/17 is the final year for Tourism WA’s Dump Point Program (refer Attachment 1: Dump Point Location Plan, Attachment 2: Letter of Support from Broome Visitor Centre).

CONSULTATION

Tourism WA

Campervan and Motorhome Club of Australia

Broome Visitor Centre

Water Corporation

STATUTORY ENVIRONMENT

Nil

POLICY IMPLICATIONS

Tourism Administration Policy 2.1.6

FINANCIAL IMPLICATIONS

Asset:

Public Dump Point Facility	Capital Expense	Lifecycle Cost (annually)	Remarks
Capital Expense
New	$45,000	$0	Water supply will be taken from existing reconciliation garden metered water supply and usage is expected to be minimal.
*Maintenance		$0	To be operated by the BVC. Maintenance is expected to be minimal.
TOTAL	$45,000
* Operation and Maintenance costs - calculated as an increase to existing costs for upgrade and new assets.

The table below outlines funding sources for the capital and lifecycle costs.

Funding Source: Public dump point facility

Funding Type	Capital or Start Up Expense	Life Cycle Costs (Annual)		Funding Details	Account Number
Funding Type	Capital or Start Up Expense	Cost $	*Cost Type	Funding Details	Account Number
Grant	$22,500		New	Tourism WA Dump Point Program
Reserve
Budget	$22,500		New	This is the maximum that the Shire may be required to fund.

TOTAL	$45,000
*Cost Type – Asset: New, Upgrade, Renewal, Maintenance, Operating. Service: Start up and Operating

RISK

If the Public Dump Point Facility does not go ahead it is ‘likely’ this would have a ‘medium’ impact to the Shire’s reputation amongst the campervan and motorhome tourist community. This impact to Broome’s reputation will have a flow on affect of a ‘possible,’ ‘minor’ financial impact. The overall risk to the Shire is considered ‘high.’

This risk to the Shire would be mitigated by proceeding with the installation of the Public Dump Point.

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:

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

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

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

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell Seconded: Cr M Fairborn

That Council:

1. Endorses the installation of the proposed Public Dump Point Facility at the location shown in Attachment 1;

2. Requests the Chief Executive Officer to present a formal budget amendment at the next quarterly Finance and Costing Review for Council’s consideration; and

3. Requests the Chief Executive Officer to engross the grant funding agreement and affix the Common Seal of the Shire of Broome.

CARRIED UNANIMOUSLY 5/0

Attachments

1.	Dump Point Location Plan
2.	Letter of Support from Broome Visitor Centre

Minutes – Special Meeting of Council 24 January 2017 Page 64 of 65

7.1 REQUEST TO ATTEND THE CHIEF EXECUTIVE OFFICER RECRUITMENT ADVISORY COMMITTEE MEETING ON 25 JANUARY 2017 VIA TELEPHONE

LOCATION/ADDRESS: Nil

APPLICANT: Cr Harold Tracey

FILE: GOC22

AUTHOR: Senior Administration and Governance Officer

CONTRIBUTOR/S: Manager Governance

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 19 January 2017

SUMMARY: On 19 January 2017, a written request was received from Cr Harold Tracey to attend and participate in the Chief Executive Officer Recruitment Advisory Committee (CEORAC) meeting on 25 January 2017 at 3.00pm by telephone. In accordance with Regulation 14A of the Local Government (Administration) Regulations 1996, this request is required to be approved by Council.

BACKGROUND

Previous Considerations

Cr Tracey has not previously sought to participate in a Council or Committee meeting via instantaneous communication.

COMMENT

Under section 5.25(ba) of the Local Government Act 1995, Council and Committee meetings are permitted to be held by telephone, video conference or other electronic means. Regulation 11(a) of the Local Government (Administration) Regulations 1996 requires the contents of the minutes of a Council or Committee meeting to include the name of the members present at the meeting. Furthermore, Regulation 14A provides for a person who is not physically present at a meeting, to be taken to be present at that meeting if they are simultaneously in audio contact by telephone, and the person is in a suitable place, and the council has approved of the arrangement by absolute majority. A suitable place prescribed by Regulation 14A(4), is one that is located in a townsite (as defined under section 3(1) of the Land Administration Act 1997) or other residential area; and 150km or further from the place at which the meeting is to be held.

Contained in attachment 1 is Cr Tracey’s written request which satisfies the statutory requirements outlined above. The request is in the correct format (writing) and includes the required details (clearly identified location) as Rottnest Island Lodge, Rottnest Island Western Australia. Therefore, the report recommendation is for Council to approve the request.

CONSULTATION

Department of Local Government and Communities

Western Australian Local Government Association

STATUTORY ENVIRONMENT

Local Government Act 1995

5.25. Regulations about council and committee meetings and committees

(1) Without limiting the generality of section 9.59, regulations may make provision in relation to —

(a) the matters to be dealt with at ordinary or at special meetings of councils; and

(b) the functions of committees or types of committee; and

(ba) the holding of council or committee meetings by telephone, video conference or other electronic means; and

(c) the procedure to be followed at, and in respect of, council or committee meetings; and

(d) methods of voting at council or committee meetings; and

(e) the circumstances and manner in which a decision made at a council or a committee meeting may be revoked or changed (which may differ from the manner in which the decision was made); and

(f) the content and confirmation of minutes of council or committee meetings and the keeping and preserving of the minutes and any documents relating to meetings; and

(g) the giving of public notice of the date and agenda for council or committee meetings; and

(h) the exclusion from meetings of persons whose conduct is not conducive to the proper conduct of the meetings and the steps to be taken in the event of persons refusing to leave meetings; and

(i) the circumstances and time in which the unconfirmed minutes of council or committee meetings are to be made available for inspection by members of the public; and

(j) the circumstances and time in which notice papers and agenda relating to any council or committee meeting and reports and other documents which could be —

(i) tabled at a council or committee meeting; or

(ii) produced by the local government or a committee for presentation at a council or committee meeting,

are to be made available for inspection by members of the public.

(2) Regulations providing for meetings to be held by telephone, video conference or other electronic means may modify the application of this Act in relation to those meetings to the extent necessary or convenient to facilitate the holding of those meetings in that way.

[Section 5.25 amended by No.64 of 1998 s. 28.]

Local Government (Administration) Regulations 1996

11. Minutes, content of (Act s. 5.25(1)(f))

The content of minutes of a meeting of a council or a committee is to include —

(a) the names of the members present at the meeting; and

(b) where a member enters or leaves the meeting during the course of the meeting, the time of entry or departure, as the case requires, in the chronological sequence of the business of the meeting; and

(c) details of each motion moved at the meeting, the mover and the outcome of the motion; and

(d) details of each decision made at the meeting; and

(da) written reasons for each decision made at the meeting that is significantly different from the relevant written recommendation of a committee or an employee as defined in section 5.70 (but not a decision to only note the matter or to return the recommendation for further consideration); and

(e) a summary of each question raised by members of the public at the meeting and a summary of the response to the question; and

(f) in relation to each disclosure made under section 5.65 or 5.70 in relation to the meeting, where the extent of the interest has also been disclosed, the extent of the interest.

[Regulation 11 amended in Gazette 23 Apr 1999 p. 1717.]

14A. Attendance by telephone etc. (Act s. 5.25(1)(ba))

(1) A person who is not physically present at a meeting of a council or committee is to be taken to be present at the meeting if —

(a) the person is simultaneously in audio contact, by telephone or other means of instantaneous communication, with each other person present at the meeting; and

(b) the person is in a suitable place; and

(c) the council has approved* of the arrangement.

(2) A council cannot give approval under subregulation (1)(c) if to do so would mean that at more than half of the meetings of the council, or committee, as the case may be, in that financial year, a person (other than a person with a disability) who was not physically present was taken to be present in accordance with this regulation.

(3) A person referred to in this regulation is no longer to be taken to be present at a meeting if the person ceases to be in instantaneous communication with each other person present at the meeting.

(4) In this regulation —

6. disability has the meaning given in the Disability Services Act 1993 section 3;

7. suitable place —

8. (a) in relation to a person with a disability — means a place that the council has approved* as a suitable place for the purpose of this paragraph; and

9. (b) in relation to any other person — means a place that the council has approved* as a suitable place for the purpose of this paragraph and that is located —

10. (i) in a townsite or other residential area; and

11. (ii) 150 km or further from the place at which the meeting is to be held under regulation 12, measured along the shortest road route ordinarily used for travelling;

12. townsite has the same meaning given to that term in the Land Administration Act 1997 section 3(1).

* Absolute majority required.

[Regulation 14A inserted in Gazette 31 Mar 2005 p. 1031; amended in Gazette 4 Mar 2016 p. 649‑50.]

Land Administration Act 1997

3. Terms used

(1) In this Act, unless the contrary intention appears —

townsite means townsite referred to in section 26(1);

26. Land districts and townsites, constitution etc. of

(1) In this section —

13. townsite —

14. (a) means townsite constituted under subsection (2); and

15. (b) except in subsection (2)(a), includes land referred to in clause 37 of Schedule 9.3 to the Local Government Act 1995.

(2) Subject to section 26A, the Minister may by order —

(a) constitute land districts and townsites; and

(b) define and redefine the boundaries of, name, rename and cancel the names of, and, subject to this section, abolish land districts and townsites; and

(c) name, rename and cancel the name of any topographical feature, road or reserve.

(3) An order made under subsection (2) may include such matters enabled to be effected under an order made under another provision of this Act as the Minister thinks fit.

[Section 26 amended by No. 38 of 2005 s. 8.]

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

Nil.

RISK

Failure to comply with legislative requirements leading to damage of reputation and/or financial loss.

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

Improved systems, processes and compliance

VOTING REQUIREMENTS

Absolute Majority

Council Resolution:

(Report Recommendation)

Moved: Cr D Male Seconded: Cr C Mitchell

That Council, in accordance with Regulation 14A of the Local Government (Administration) Regulations 1996, approves the request from Cr H Tracey to attend and participate in the Chief Executive Officer Recruitment Advisory Committee Meeting to be held Wednesday 25 January 2017 at 3.00pm via telephone from

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 5/0

Attachments

1.	Written Request via e-mail