Minutes of Ordinary Meeting

Minutes – Ordinary Meeting of Council 25 October 2018 Page 0 of 1

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

HELD IN THE Council Chambers, Corner Weld and Haas Streets, Broome, ON Thursday 25 October 2018, COMMENCING AT 5.00pm.

1. Official Opening and Attendance

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

Attendance: Cr H Tracey Shire President

Cr M Fairborn

Cr W Fryer

Cr P Matsumoto

Cr C Mitchell

Cr B Rudeforth

Apologies: Nil

Leave of Absence: Cr D Male (as granted at OMC 30 August 2018)

Cr C Marriott (as granted at OMC 27 September 2018)

Cr E Foy (as granted under Item 4)

Officers: Ms A Nugent Acting Chief Executive Officer

Mr J Watt Director Corporate Services

Ms K Wood Acting Director Development and Community

Mr A Graffen Director Infrastructure

Ms R Piggin Manager Governance

Mr S Penn Media and Promotions Officer

Ms M Wevers Minute Taker

Public Gallery: Terry Wooltorton

Gaye Wotherspoon

Peter Smith Shire of Broome

Denis Ryan Broome Futures

Casey Zepnick Shire of Broome

Philip Cox Broome Sailing Club

Miranda Dibdin Broome Sailing Club

Phillip Fong

Robert Thackray

Kevin Smith

Jan Lewis

Jason Kneipp Shire of Broome

Brayden Stratford Shire of Broome

Ben Coles Shire of Broome

Andrew Waters Shire of Broome

Jakeb Waddell Broome Advertiser

Bruce Rudeforth

Joseph Neill Broome Sailing Club

Gillian Neill Broome Sailing Club

Andrew Chambers

Richard Agar

2. Declarations Of Financial Interest / Impartiality

FINANCIAL INTEREST
Councillor	Item No	Item	Nature of Interest
Nil.

IMPARTIALITY
Councillor	Item No	Item	Nature of Interest
Cr C Mitchell	9.1.3	COMMUNITY SPONSORSHIP PROGRAM - ADDITIONAL MATCHED FUNDING ROUND	Impartiality – I assist in coordinating a volunteer Wildlife Rescue Group (NARB) – no financial compensation.
Cr P Matsumoto	9.2.3	BROOME SAILING CLUB PETITION - LEASE OF PROPOSED SITE AT GANTHEAUME POINT	Impartiality – native title holder and PBC board member.

3. Public Question Time

The following question was received from Terry Wooltorton at the Meeting:

Are Councillors aware of the results of any research carried out by either the applicant or Council staff into:

a) the attitudes of local and visiting beach users especially during the proposed times of access and egress;

b) the average number of people using the beach and operator access route during times of access and egress;

c) the statistics on incidents and fatalities involving jet skis on hire, particularly at international tourist destinations;

d) the direct economic benefit to Broome given that availability of jet skis on Cable Beach will of itself, be unlikely to attract tourists;

e) the potential economic social damage to Broome should an incident – personal or environmental, occur?

The Chairperson advised this question would be taken on notice. Additionally, the Chairperson advised other questions had been received by Terry Wooltorton prior to the meeting which would be responded to administratively.

********

The following question was received from Gaye Wotherspoon at the meeting:

How will the area which the applicant is planning on using for jet skis and other water activities, be policed and what safety measures will be in place to ensure the safety of swimmers, surf boarders and paddle boarders in this area?

Response provided by Acting Director Development & Community:

The Shire will be issuing the trading licence for the land-based trading area (which is a 30m strip where the trailer will be parked).

The areas where the jet skis can operate is controlled by the designations made under the Western Australian Marine Act 1982 administered by the Department of Transport.

There is an area designated as Boating Prohibited to the immediate north of the trading area, which jet skis will not be able to access.

Jet skis will also be prohibited from accessing the area within the Port waters around the boat moorings. This is currently policed by the Department of Transport.

The following question was received from Gaye Wotherspoon prior to the meeting:

Were Chinatown traders in Carnarvon Street aware that the street would become a demolition area while the upgrade takes place? Will compensation be allowed for traders losing money?

Response provided by Director Infrastructure:

The Shire has taken every reasonable step over the last 18 months to consult with Chinatown traders in respect of project works and road closures. Consultation has been undertaken via in store visits, email, social media updates, print ads in the Broome Advertiser, eNews and other print newsletters which were regularly distributed. Shire officers have also hand delivered copies of the Small Business Development Corporation’s guide, ‘Preparing for public works – interactive tools for small business’.

Consultation has been an ongoing process to ensure traders remain fully informed of material project updates. To that end, the Shire provided additional information on the week commencing 24 September in respect of road works and closures following confirmation of the construction implementation plan. That information was provided by letter to all Landowners, and by email to all Property Managers. Further, the Shire has issued approximately 200 monthly newsletters and eNews updates to over 300 subscribers in respect of project updates and promotional features on Chinatown businesses. Finally, fortnightly updates will also be made available as to the progress of roadworks and via the ‘Walk and Talk with Downer’ initiative.

It is not intended that offers of monetary payments will be made to traders. The Shire has implemented many initiatives to maintain customer numbers to the precinct with a view to supporting businesses, facilitating trade activity and minimising potential impacts. The Shire has, amongst other things, taken the following measures:

• Scheduled project works to commence in the shoulder season to minimise trade impacts;

• Taken measures to ensure pedestrian access to businesses is not restricted;

• Hosted marketing workshops to prepare businesses;

• Implemented extra timed parking;

• Provided free all-day parking on Male Oval for customers and staff;

• Assigned a dedicated Shire contact person for trader communications;

• Fortnightly ads in the local paper to promote Chinatown as a destination while works are underway; and

• All official Shire functions to use catering from Chinatown traders during project works.

The Shire will continue to implement these and other measures during the construction process to provide support to businesses and to encourage visitors to Chinatown.

********

The following questions were received from Kevin Smith prior to the meeting:

Question 1:

As you are aware, I have been involved with the Cable Beach Community Turtle Monitoring Program since its inception in 2006 and, in fact, as soon as I have presented these questions I will be leaving to assist training this season's new volunteers. To ensure that I am able to give the most accurate answer possible when hit with the most frequently asked question, why does the Shire, together with its partner agencies, contribute to the potential hazards faced by an already endangered species by allowing motor vehicles to drive on Cable Beach during the turtle nesting season?

Response provided by Acting Director Development & Community:

The Shire in partnership with Department of Biodiversity, Conservation and Attractions have established beach access conditions throughout the nesting season which are currently being implemented. These measures are considered adequate.

Question 2:

What scientific or expert research, analysis or data on the potential impacts of jet ski and associated water sports on inshore tropical marine ecosystems, fauna and flora did Shire officers consult when assessing the above application?

Response provided by Acting Director Development & Community:

The role of the Shire is to facilitate the assessment and approval of Trading Licences in accordance with the Trading, Outdoor Dining and Street Entertainment Local Law 2003 (Local Law) and Policy thereunder. It is considered unlikely that such an activity would have a detrimental impact upon the marine ecosystem.

Ultimate Watersports currently operate within a Marine Park in Exmouth and hold a licence from Department of Biodiversity, Conservation and Attractions to undertake such an activity.

********

The following questions were received from Jan Lewis at the Meeting:

Question One:

If it’s the Department of Transport that is responsible for monitoring the jet skis and other machines, how many people do they have working in that role, how often will they be on the beach, how do we contact them, who do we ring if there is a noise complaint and what do the people on the beach do when they’re upset with the noise of jet skis?

The Chairperson advised that this question would be taken on notice.

Question Two:

Why weren’t users of the beach, like me, consulted or told about the application? Why wasn’t it more publicly advertised?

The Chairperson advised that this question would be taken on notice.

********

Public questions were received from Nadia Rebasti prior to the meeting, however as she was not in attendance in accordance with Clause 3.4(2) of the Shire of Broome Standing Orders Local Law her questions will be processed administratively.

4. Applications for Leave of Absence

A request for Leave of Absence for the period 21 November 2018 – 30 November 2018 inclusive was received from Cr P Matsumoto.

Council Resolution:

Moved: Cr C Mitchell Seconded: Cr B Rudeforth

That Cr P Matsumoto be granted Leave of Absence for the period 21 November 2018 – 30 November 2018 inclusive.

CARRIED UNANIMOUSLY 6/0

A request for Leave of Absence for the period 20 November 2018 – 1 December 2018 inclusive was received from Cr C Mitchell.

Council Resolution:

Moved: Cr W Fryer Seconded: Cr B Rudeforth

That Cr C Mitchell be granted Leave of Absence for the period 20 November 2018 to 1 December 2018 inclusive.

CARRIED UNANIMOUSLY 6/0

A request for Leave of Absence from Council duties from 19 November 2018 to 31 January 2019 inclusive has been received from Cr M Fairborn:

Council Resolution:

Moved: Cr C Mitchell Seconded: Cr P Matsumoto

That Cr M Fairborn be granted Leave of Absence for the period 19 November 2018 to 31 January 2019 inclusive.

CARRIED UNANIMOUSLY 6/0

A request for Leave of Absence for the Ordinary Meeting of Council to be held 25 October 2018 has been received from Cr E Foy:

Council Resolution:

Moved: Cr P Matsumoto Seconded: Cr W Fryer

That Cr E Foy be granted Leave of Absence for the Ordinary Meeting of Council to be held 25 October 2018.

CARRIED UNANIMOUSLY 6/0

5. Confirmation Of Minutes

Council Resolution:

Moved: Cr C Mitchell Seconded: Cr P Matsumoto

That the Minutes of the Ordinary Meeting of Council held on 27 September 2018, as published and circulated, be confirmed as a true and accurate record of that meeting.

CARRIED UNANIMOUSLY 6/0

6. Announcements By President Without Discussion

6.1 The Chairperson wished to acknowledge the passing of Maria Grey of Thangoo Station who was a champion of the pastoral industry and wished to pass on condolescences to the family.

6.2 The Chairperson wished to acknowledge the passing of Elma Murray who was a tireless worker for the community, Towns Foootball Club, junior football and meals on wheels. The Chairperson wished to pass on condolscences to the family.

7. Petitions / DEPUTATIONS

Nil.

8. Matters For Which The Meeting May Be Closed

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.

Council Resolution:

Moved: Cr P Matsumoto Seconded: Cr C Mitchell

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:

9.2.4 LAND ACQUISITION, LOT 451 (NO. 33) HAMERSLEY STREET, BROOME

Item 9.2.4 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”.

CARRIED UNANIMOUSLY 6/0

Minutes – Ordinary Meeting of Council 25 October 2018 Page 0 of 1

9.1.1 HIRE OF LOCAL GOVERNMENT PROPERTY - PART OF RESERVE 39556 TO KIMBERLEY ACCOMMODATION WEST PTY LTD

LOCATION/ADDRESS: Part of Reserve 39556 accessed off Carnarvon Street, Broome

APPLICANT: Kimberley Accommodation West Pty Ltd

FILE: RES 39556

AUTHOR: Acting Chief Executive Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Acting Chief Executive Officer

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 10 September 2018

SUMMARY: Reserve 39556 is a linear reserve for the purpose of Recreation (Foreshore) that runs along the Roebuck Bay foreshore from the edge of the Catalinas units at 49 Hamersley Street all the way to Dampier Terrace, ending just before Napier Terrace. The Shire holds management orders for the Reserve. A portion of the Reserve contains car parking and a grassed area adjacent to the Moonlight Bay Suites. The purpose of this report is for Council to consider hiring the portion of Reserve 39556 adjacent to the Moonlight Bay Suites to Kimberley Accommodation West Pty Ltd in accordance with section 5.1 of the Local Government Property and Public Places Local Law 2016.

BACKGROUND

Previous Considerations

OMC 21 June 1994 Item 6.25

OMC 20 September 1994 Item 6.27

Reserve 39556 (Reserve) is a linear reserve for the purpose of Recreation (Foreshore) that runs along the Roebuck Bay foreshore from the edge of the Catalinas units at 49 Hamersley Street all the way to Dampier Terrace. A portion of the Reserve contains car parking and a grassed area adjacent to the Moonlight Bay Suites located at 51 Carnarvon Street (see Attachment 1).

The Moonlight Bay development was approved by Council on 21 June 1994 subject conditions including as follows:

· The area of the Reserve adjacent to the Moonlight Bay Resort site is to be landscaped in accordance with approved plans and to Council’s specifications.

· The erection of a sign on Carnarvon Street advising that “This carpark is for use by members of the public and is an accessway to the foreshore reserve area”.

Kimberley Accommodation West Pty Ltd (Kimberley Accommodation) manage the Moonlight Bay Suites and maintain the area of Reserve adjacent to the site, however public access is not allowed. There is a sign beside the gate leading from the car park to the grassed area of the Reserve that states “Guests Only” and the gate is padlocked after 3pm (another sign advises that this will occur). In addition, a barbeque has been installed in this area at some point in time by the owners/managers of the Moonlight Bay Suites.

Discussions were held in 2006 with the owners of the Moonlight Bay Suites regarding the potential for a lease to be granted over this area of the Reserve, however this was never progressed nor formalised. The Shire holds the management orders for the Reserve, but the management orders do not currently give the Shire the power to lease over the Reserve.

COMMENT

Discussions have recommenced with the owners of the Moonlight Bay Suites as a result of their desire to hold regular events such as long table dinners on the Reserve. In addition, it is noted that the Shire benefits from the management of the Reserve by Kimberley Accommodation.

Following discussions with Kimberley Accommodation, it is proposed that:

· The Shire request power to lease for the Reserve from the Department of Planning, Lands and Heritage (DPLH) and once this is granted, a lease or licence is negotiated with Kimberley Accommodation for the adjacent grassed area of the Reserve.

· In the meantime, the grassed area of the Reserve is hired to Kimberley Accommodation in accordance with section 5.1 of the Local Government Property and Public Places Local Law 2016.

The grassed area of the Reserve is not being managed in accordance with the development approval granted by Council on 21 June 1994, in that access is currently limited to guests of the Moonlight Bay Suites. Officers have discussed with representatives from Kimberley Accommodation options for allowing public access to the Reserve while minimising impacts on guests staying in the Moonlight Bay Suites and also management issues that may arise. This takes into account the fact that Kimberley Accommodation are maintaining this land.

Therefore, officers and Kimberley Accommodation have discussed removing the sign that currently restricts public access and replacing it with a sign that allows the public to use this area. However, Kimberley Accommodation will still prevent access to this area between 7pm and 7am, to discourage anti-social behaviour or behaviour which impacts on guests of the Moonlight Bay Suites. Restricting access after dark also removes potential public safety risks from the proximity to the steep edge of the grassed area, given the lack of lighting in this part of the Reserve.

The hiring of the grassed area of the Reserve to Kimberley Accommodation will allow it to be used by them for events and other activities associated with the adjacent Moonlight Bay Suites. In accordance with the Shire’s Schedule of Fees and Charges, the cost of hiring this area of the Reserve would be $387.68. On the basis that Kimberley Accommodation maintain this area and agree to allow public access to the Reserve between 7am and 7pm, officers consider that it would be reasonable to hire this area of the Reserve to Kimberley Accommodation for $1000 per annum, until such time as a lease or licence can be issued. The fee of $1000 is considered appropriate to achieve cost recovery in terms of the officer time spent on establishing and maintaining the hire arrangement.

In accordance with section 6.12(1)(b) of the Local Government Act 1995, Council can in its discretion waive or grant concessions in relation to any amount of money owed to the local government. Therefore, it is recommended that Council agree to hire the grassed area of the Reserve adjacent to the Moonlight Bay Suites to Kimberley Accommodation for $1000 per annum, subject to the following conditions:

· Public access to the grassed area is maintained between the hours of 7am and 7pm, and signage at the gate to the grassed area from the car park is altered accordingly.

· Kimberley Accommodation accepts responsibility for maintenance of the grassed area.

· Once Council has the power to lease or licence for the Reserve, formal tenure over this land is negotiated by way of lease or licence, at which time the hire of the land will cease.

Council’s decision to hire the land will need to be in accordance with clause 5.1 of the Local Government Property and Public Places Local Law 2016, which states as follows:

5.1 Application for hire

(1) The local government may hire local government property to a person who makes an application for a permit for the hire of the local government property under clause 3.2 and who pays the hire fee, if the local government approves the application under clause 3.6.

(2) The local government may determine that the requirements of subclause (1) do not apply to the hiring of particular local government property or a class of local government property.

Given the history of this matter, the ongoing management of the grassed area by Kimberley Accommodation and discussions between Kimberley Accommodation and officers, it is not considered necessary for Kimberley Accommodation to make a permit application under clause 3.2. Therefore, it is recommended that Council resolve that the requirements of clause 5.1(1) do not apply to the hiring of this land in the circumstances.

Note that any events held in this area will require the standard event approval process to be followed, however a booking fee (the hire fee) will not apply. Note also that the Shire will need to follow the standard process that relates to the disposal of local government property under the Local Government Act 1995 prior to issuing a lease to Kimberley Accommodation once the required change to the management order for the Reserve has been made.

To secure the power to lease or licence, Council needs to resolve to request that the DPLH amend the management order for the Reserve to allow this to occur. Therefore, it is recommended that Council resolve to request the amendment of the management order to include the power to lease.

CONSULTATION

Officers have met with and discussed the above terms of the hire of the land with Kimberley Accommodation.

STATUTORY ENVIRONMENT

Local Government Act 1995

Section 6.12. Power to defer, grant discounts, waive or write off debts

(1) Subject to subsection (2) and any other written law, a local government may —

(a) when adopting the annual budget, grant* a discount or other incentive for the early payment of any amount of money; or

(b) waive or grant concessions in relation to any amount of money; or

(c) write off any amount of money,

which is owed to the local government.

* Absolute majority required.

(2) Subsection (1)(a) and (b) do not apply to an amount of money owing in respect of rates and service charges.

(3) The grant of a concession under subsection (1)(b) may be subject to any conditions determined by the local government.

(4) Regulations may prescribe circumstances in which a local government is not to exercise a power under subsection (1) or regulate the exercise of that power.

Section 6.17. Setting level of fees and charges

(1) In determining the amount of a fee or charge for a service or for goods a local government is required to take into consideration the following factors—

(a) the cost to the local government of providing the service or goods; and

(b) the importance of the service or goods to the community; and

(c) the price at which the service or goods could be provided by an alternative provider.

(2) A higher fee or charge or additional fee or charge may be imposed for an expedited service or supply of goods if it is requested that the service or goods be provided urgently.

(3) The basis for determining a fee or charge is not to be limited to the cost of providing the service or goods other than a service—

(a) under section 5.96; or

(b) under section 6.16(2)(d); or

(c) prescribed under section 6.16(2)(f), where the regulation prescribing the service also specifies that such a limit is to apply to the fee or charge for the service.

(4) Regulations may—

(a) prohibit the imposition of a fee or charge in prescribed circumstances; or

(b) limit the amount of a fee or charge in prescribed circumstances.

Section 6.18. Effect of other written laws

(1) If the amount of a fee or charge for a service or for goods is determined under another written law a local government may not—

(a) determine an amount that is inconsistent with the amount determined under the other written law; or

(b) charge a fee or charge in addition to the amount determined by or under the other written law.

(2) A local government is not to impose a fee or charge for a service or goods under this Act if the imposition of a fee or charge for the service or goods is prohibited under another written law.

Local Government Property and Public Places Local Law 2016

5.1 Application for hire

(2) The local government may determine that the requirements of subclause (1) do not apply to the hiring of particular local government property or a class of local government property.

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

The fee of $1000 per annum is considered appropriate given the officer time that will be involved implementing the hire arrangement.

RISK

The risk associated with hiring the land to Kimberley Accommodation is considered ‘Low’ and would primarily relate to reputational damage by being seen to limit public access to the Reserve or from personal injury of persons using the subject area of the Reserve. However, the conditions of the hire which allow public access and also prevent access after dark is seen to mitigate these risks.

STRATEGIC IMPLICATIONS

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

Accessible and safe community spaces

Participation in recreational and leisure activity

A healthy and safe environment

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

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

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

Responsible resource allocation

VOTING REQUIREMENTS

Absolute Majority

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell Seconded: Cr B Rudeforth

That Council:

1. In accordance with clause 5.1 of the Local Government Property and Public Places Local Law 2016, hire the grassed area of Reserve 39556 adjacent to the Moonlight Bay Suites to Kimberley Accommodation West Pty Ltd subject to the following conditions:

(a) Public access to the subject area of the Reserve is maintained between the hours of 7am and 7pm, with signage at the gate to this area from the adjacent car park to reflect this.

(b) Maintenance of the subject area of the Reserve is the responsibility of Kimberley Accommodation West Pty Ltd.

(c) Upon the amendment of the Management Order for Reserve 39556 to include the power to lease, formal tenure of the land is to be negotiated by way of a lease or licence, at which time the hire of the land will cease.

2. Determines that the requirements of clause 5.1(1) of the Local Government Property and Public Places Local Law 2016 do not apply to the hiring of this local government property to Kimberley Accommodation West Pty Ltd on this occasion.

3. Advise Kimberley Accommodation West Pty Ltd that the fee that applies for the hiring of the grassed area of Reserve 39556 adjacent to the Moonlight Bay Suites is $1000 per annum.

4. Requests that the Chief Executive Officer advise the Department of Planning, Lands and Heritage that it seeks ‘power to lease’ to be included in the Management Orders for Reserve 39556 with the current purpose of Recreation (Foreshore).

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 6/0

Attachments

1.	Aerial photo showing portion of Reserve 39556 adjacent to Moonlight Bay Suites

Minutes – Ordinary Meeting of Council 25 October 2018 Page 0 of 1

9.1.2 SHIRE OF BROOME SPORT AND RECREATION PLAN

LOCATION/ADDRESS: Various

APPLICANT: Nil

FILE: RCS15

AUTHOR: Manager Sport and Recreation

CONTRIBUTOR/S: Club Development Officer

RESPONSIBLE OFFICER: Acting Chief Executive Officer

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 2 October 2018

SUMMARY: In consultation with Broome’s sporting clubs and key stakeholders, Shire officers have overseen the development of a plan to guide investment into sport and recreation facilities from 2018 – 2028. This report outlines the content of the draft Sport and Recreation Plan and seeks Council’s support to release the Plan for public feedback.

BACKGROUND

Previous Considerations

OMC 25 September 2014 Item 9.1.2

OMC 26 February 2015 Item 9.1.1

In 2013 CCS Strategic was engaged by the Shire of Broome to prepare a Sport, Recreation and Leisure Plan to guide facility development within the Shire for the period up until 2031. The development of the plan included significant community and sporting club consultation. The plan was very comprehensive and quite aspirational. When the draft report was presented to Council, it was suggested that the recommendations and the cost of the projects proposed over the period of the plan were unachievable and would unrealistically raise the expectations of the community and sporting clubs.

The Sport, Recreation and Leisure Plan was not adopted by Council but the key philosophies with regards to the development of facilities and determining priorities was used as the basis for the Framework for the Development of Sport and Recreation Facilities 2016 – 2025. This framework was adopted by Council at the Ordinary Meeting of Council on 26 February 2015. Since then, key projects have been completed including the BRAC Aquatic Upgrade, the resurfacing of the BRAC outdoor courts and the installation of training standard field lighting at Haynes Oval.

Funds were budgeted in the 2017/18 financial year to undertake further planning and prepare an updated and current Sport and Recreation Plan for the Shire of Broome. Following a request for quote process, Jill Powell and Associates was engaged for this project. The intent of the Sport and Recreation Plan was to develop a plan that was realistic, achievable and met the needs of the community, user groups, sporting clubs and Council.

COMMENT

The process undertaken for the preparation of the plan was detailed and comprehensive. It included a five-phase approach as shown below:

Phase	Process
Phase One	Process validation
Phase Two Investigation and data collection	Review existing reports
	Review demographic profile
	Review current and future trends
	Community consultation
	Existing facilities
Phase Three Collation and analysis of data	Comparison of data against participation trends and facility provision
Phase Three Collation and analysis of data	Identification of gaps and duplication in existing provision
Phase Four Identification of options for action	Meeting current and future expectations of the community
	Reducing duplication
	Improving cost efficiency and infrastructure management
Phase Five	Preparation of draft report

To establish an informed starting position a detailed review of a range of planning documents was conducted. This review provided a framework for the process of analysis and ultimately the formulation of recommendations.

The review considered the following documents:

• Sport and Recreation Plan 2014 by CCS Strategic (including BRAC Masterplan)

• Broome Golf Club new plans

• Ausplan Basketball Court Cover draft concepts

• Broome Squash Club proposed concept plans

• Framework for the Development of Sport and Recreation Facilities

• Broome Surf Life Saving Club draft concepts

• Broome Fitness Centre draft concepts

• Broome Motorplex Masterplan

• Strategic Community Plan 2017-2027

· Corporate Business Plan 2018 -2022

· Local Planning Scheme No 6

· Infrastructure Contribution Agreement

• Broome Youth Precinct Master Plan 2017

• Town Beach Master Plan 2017

• Broome Skate Park Assessment Report, CONVIC, June 2015

· Annual Club Survey Report 2018

The demographics of Broome were considered and a review of how the participation rates in Broome sport compares to participation rates across the country was conducted. The research indicates that Broome has significantly higher than average participation rates in sports such as football, fishing, touch football and netball, is on par with the national average for basketball, but has significantly lower participation rates for tennis when compared to the rest of the country.

Sport/Activity	Participation Numbers	Participation Rate Broome	Participation Rate National	Broome v National Rate
WAFC/WKFL/WKJFL	800	4.9	1.2	Higher
Broome Netball	560	3.5	2.2	Higher
Broome Fishing Club	522	3.2	1.0	Higher
Broome Soccer Association	470	2.9	2.4	Higher
Broome/Kimberley Basketball	367	2.2	2.2	Equal
Touch	280	1.7	0.5	Higher
Broome Cricket	185	1.2	1.2	Equal
Broome Bowling Club	160	1.0	1.0	Equal
Volleyball	142	0.9	0.5	Higher
Broome Little Athletics	130	0.8	0.6	Higher
Squash	102	0.6	0.6	Equal
Sandfly Circus	100	0.6	N/A	N/A
Motocross	70	0.4	0.3	Higher
Broome Tennis	68	0.4	3.0	Lower
Speedway	60	0.3	0.3	Equal
Broome Pistol Club	50	0.3	0.3	Equal
Tri Club	50	0.3	0.3	Equal
Cacoy Doce Pares (Martial Arts)	22	0.13	N/A	N/A
Field and Game	19	0.11	N/A	N/A
Kimberley Enduro Club	11	0.06	N/A	N/A
Sailing	10	0.06	0.4	Higher
Red Dirt Riders	Not provided			N/A

An assessment was completed on the quality and quantity of the existing sport and recreation facilities within the Shire of Broome. These were not only Shire managed assets but also the facilities that are operated by clubs under a lease or license agreement. The facilities visited and assessed included:

· Broome Recreation and Aquatic Centre (BRAC)

· Male Oval

· Haynes Oval and Donnelly McKenzie Pavilion

· Matsumoto Sports Courts

· Broome Surf Life Saving Club

· Broome Pistol Club

· Broome Bowling Club

· Broome Speedway

· Broome Motocross

· Broome Golf Club

· Broome Horse Riders Association.

While reviewing the number of facilities the Shire provides, a comparison was completed to determine how Broome rates when it comes to population base versus the provision of community sport and recreation facilities. The data from Parks and Leisure West Australia’s Benchmarking for Community Infrastructure was used as a basis for this assessment.

It was found that the current benchmarks indicate that the Shire meets all standards, and in fact exceeds the standards in terms of quantities with two exceptions being the netball courts and gymnasium which do not meet the standards in terms of number of facilities.

Broome’s sporting clubs were invited and offered the opportunity to meet with the consultant to provide feedback on the existing facilities, their current operations, their club planning and their needs moving into the future. Those that were unable to attend meetings were also given the option to contribute via email or telephone call.

A total of 23 clubs met and provided the information noted above and assisted in informing the recommendations for future investment by the Shire of Broome. The feedback and requests from the individual clubs/sports can be reviewed in the attached report, starting on page 42. Key stakeholders for sport and recreation in the Shire of Broome were also contacted for comment including the Department of Local Government, Sport and Cultural Industries, West Australian Football Commission and Garnduwa.

The research, benchmarking and community consultation all contributed to the development of a set of recommendations that have been made:

1) To provide a philosophy on decision making for investment into the development of sport and recreation facilities.

2) To provide a priority listing of projects with an identified need to be implemented on a short, medium and long term basis.

Hierarchy of funding

Category	Description	Examples
One – Community (highest level of support)	All facilities that are available to the community for the majority of the time and have free access.	Parks, BBQs, fitness equipment, playgrounds, skate park, youth precinct.
Two – Sporting Clubs	Facilities used are generally available for the community outside of booked club time.	General sporting clubs who utilise shared facilities such as reserves, clubrooms, courts.
Three – Sport Specific Clubs	Those clubs which have a specific requirement for facilities and are traditionally operating from leased premises, and restrict the general community from use unless they become members of the club. In situations where the clubs can demonstrate an economic benefit for the Shire of Broome from any new development, the Shire may consider providing financial support for the development.	Golf course, bowling greens, motor sports, shooting, equestrian.
Four – Commercial Entities (lowest level of support)	Any persons or groups conducting a business from council facilities shall be responsible for all costs associated with their use.

Prioritisation of Projects

Based on the research and consultation undertaken and the hierarchy of funding outlined above, the following projects have been identified as priorities in the draft Sport and Recreation Plan (see Attachment 1):

Priority	Works item	Location
High 2018 - 2021	Adoption of Sport and Recreation Plan 2018-2028	Various
	Youth Precinct Stage 1	BRAC 1 site
	2 x additional outdoor courts	BRAC
	Outdoor court cover	BRAC
	Court linkage to Medlend Pavilion, paving and cover	BRAC
	Floodlighting to Nipper Roe Field	BRAC
	Hit up wall to western boundary of tennis courts	BRAC
	Redevelop Skate Park	BRAC
	Pool Clubroom/Staff Room/ Crèche	BRAC
	Access roads to outside of BRAC ovals	BRAC
	Storage	BRAC
	Haynes Oval Lighting upgrade to playing standard	Peter Haynes Reserve
	Installation of permanent soccer goals	BRAC
	Transfer of Matsumoto Courts to Dept of Education	Broome Senior High School
	BRAC Indoor courts floor replacement	BRAC
	Surf Life Saving Club Redevelopment	Cable Beach Foreshore Reserve
	Golf Club Redevelopment	Broome Golf Club
	Bowling Club green replacement	Broome Bowling Club
Medium 2022 - 2025	New gymnasium	BRAC
	Beach volleyball courts	BRAC
	Viewing area to BRAC ovals, shade and seating	BRAC
	Shaded playground and BBQ Picnic area Nipper Roe	BRAC
	Pool playground	BRAC
	Outdoor fitness equipment	Various
	Additional storage at BRAC	BRAC
	Informal and formal car parking	BRAC
	Motoplex construction	TBD
Low 2026 - 2029	3 x new squash courts	BRAC
	Multi use space artificial turf 4 tennis courts	BRAC
	Enclose eastern end of clubrooms	BRAC
	Future pavilion located between BRAC fields	BRAC
	Youth Precinct stages 2 & 3	BRAC 1 site

Overall, the draft Plan is considered to be a good guide to the future investment into sport and recreation facilities in Broome and it is recommended that Council endorse the draft Plan for public comment.

CONSULTATION

Extensive consultation was undertaken including with the following key stakeholders and sporting clubs:

· West Australian Football Commission

· West Kimberley Football League

· Broome Netball Association

· Broome Fishing Club

· Broome Soccer Association

· Broome Basketball/Basketball Kimberley

· Broome Touch Football Association

· Broome Cricket Association

· Broome Bowling Club

· Broome Volleyball Club

· Broome Little Athletics

· Broome Squash Club

· Sandfly Circus

· Broome Motocross

· Broome Tennis Club

· Broome Pistol Club

· Broome Tri Club

· Dirty Dozen Cricket Club

· Cacoy Doce Pares

· Broome Field and Game

· Kimberley Enduro Club

· Broome Sailing Club

· Red Dirt Riders

· Shire of Broome staff (BRAC, Development & Community, Parks & Gardens, Executive)

· Department of Local Government, Sport and Cultural Industries

· Garnduwa

· Broome Soccer Association

Should Council resolve as recommended, the draft Plan will be released for public feedback.

STATUTORY ENVIRONMENT

Nil

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

The financial implications for the high priority projects are as shown below. The breakdown of expected funding sources is indicative and depends on the funding programs that are open and available at the time of the projects occurring, and assuming the success of funding and applications submitted.

Priority	Works item	Shire	Other	Total
High 2018 - 2021	Adoption of Sport and Recreation Plan 2018-2028	-	-	-
	Youth Precinct Stage 1	$380,000	$501,000	$881,000
	2x additional outdoor courts	-	$390,000	$390,000
	Outdoor court cover	-	$2,135,869	$2,135,869
	Court linkage to Medlend Pavilion, paving and cover	$100,000	$100,000	$200,000
	Floodlighting to Nipper Roe Field	$590,000	$588,704	$1,178,704
	Hit up wall to western boundary of tennis courts	$12,000	-	$12,000
	Redevelop Skate Park	$500,000	$500,000	$1,000,000
	Pool Clubroom / Staff Room / Crèche	$107,000	$100,000	$207,000
	Access roads to outside of BRAC ovals	$20,000	-	$20,000
	Storage	$50,000	-	$50,000
	Haynes Oval Lighting upgrade to playing standard	$25,000	-	$25,000
	Installation of permanent soccer goals	$30,000	-	$30,000
	Transfer of Matsumoto Courts to Dept of Education	-	-	-
	BRAC Indoor courts floor replacement	$200,000	$200,000	$400,000
	Surf Life Saving Club Redevelopment	$242,011	-	$242,011
	Golf Club Redevelopment	250,000	-	$250,000
	Bowling Club green replacement	-	-	-
	Total	$2,506,011	$4,515,573	$7,021,584

Several of the projects identified in the high priority project listing are already captured in the Corporate Business Plan, including the BRAC 1 Youth Precinct, BRAC Outdoor Courts, Surf Club Upgrades and Nipper Roe Field Lighting.

Several projects already have approved and budgeted funds attributed towards them, including the BRAC Outdoor Courts ($1.94 million), BRAC 1 Youth Precinct ($445,200), Broome Surf Life Saving Club Upgrades ($242,011) and the Golf Club redevelopment ($250,000).

RISK

There is the risk that if the draft Sport and Recreation Plan is not adopted the Shire will remain without an informing document to guide investment into the future. Federal and State Government funding programs rely on robust planning, identifying and justifying the need for projects.

Figures from the Club Development Survey Report January 2018 reported club sport participation has increased by 20% since 2009 and 10% since 2015. Eight new sport clubs have been incorporated since 2015. There is a trend showing youth sport participation increasing significantly as junior members transition through the age groups.

Without a clear plan for sport the Shire’s capacity to cater for the continuing increase in participation would be put at risk.

If the Sport and Recreation Plan was not adopted, it would also be a reputational risk given the participation in the process by a large number of clubs and sports who, through their volunteers, took the time to contribute to the document.

STRATEGIC IMPLICATIONS

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

Effective communication

Affordable services and initiatives to satisfy community need

Accessible and safe community spaces

Participation in recreational and leisure activity

A healthy and safe environment

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

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

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

Affordable and equitable services and infrastructure

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

Sustainable and integrated strategic and operational plans

Responsible resource allocation

Effective community engagement

Improved systems, processes and compliance

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council endorses the draft Sport and Recreation Plan as shown in Attachment 1 for the purposes of seeking public comment for a period of 28 days.

Council Resolution:

Moved: Cr M Fairborn Seconded: Cr H Tracey

That Council:

1. Endorses the draft Sport and Recreation Plan for the purposes of seeking public comment as shown in Attachment 1, with the following modifications:

a) Replace the High Priority Table 2018-21 under section 10 to read as follows:

*Priority*	*Works item*	*Cost estimate*
*High* *2018 - 2021*	*Adoption of Sport and Recreation Plan 2018 - 2028*	*Nil*
	*Youth Precinct Stage 1*	*$881,000*
	*Outdoor court cover and 2 x additional courts*	*$2,579,869*
	*Shaded and gated 0 – 5 playground between courts*	*$50,000*
	*Pool playground*	*$145,000*
	*Redevelop Skate Park*	*$1,000,000*
	*Storage at BRAC*	*$50,000*
	*Transfer of Matsumoto Courts to education department*	*Nil*
	*BRAC Indoor courts floor replacement*	*$400,000*
	*Flood lighting to Nipper Roe Sports Field*	*$1,178,704*
	*Broome Surf Life Saving Club*	*$242,011*
	*Broome Golf Club*	*$250,000*
	*Broome Bowling Club*	*Nil*
	*3x squash courts/multipurpose space*	*$1,400,998*
	*Pool club room/meeting room/staff room/creche*	*$207,000*
	*Haynes Oval – Pavilion/Parking Upgrades*	*$70,000*

b) Replace the Medium Priority Table 2022-25 under section 10 to read as follows:

*Priority*	*Works item*	*Cost estimate*
*Medium* *2022 - 2025*	*Access road to BRAC ovals*	*$20,000*
	*Youth Precinct Stages 2 & 3*	*$1,768,280*
	*Additional storage at BRAC*	*$35,500*
	*Informal and formal car parking*	*$1,200,000*
	*Motoplex Construction*	*Nil*

c) Replace the Low Priority Table 2026-29 under section 10 to read as follows:

*Priority*	*Works item*	*Cost estimate*
*Low* *2026 - 2029*	*Outdoor court linkage to Medlend Pavilion*	*$200,000*
	*Hit up wall to western boundary of tennis courts*	*$12,000*
	*Haynes Oval lighting upgrade to 150 lux*	*$25,000*
	*Installation of permanent Soccer Goals*	*$30,000*
	*Multi use space artificial turf 4 tennis courts*	*$600,000*
	*Enclose eastern end of Medlend Pavilion*	*TBD*
	*Future pavilion between BRAC ovals*	*TBD*
	*Outdoor Fitness Equipment*	*$151,000*
	*Beach Volleyball Courts*	*TBD*
	*BRAC gymnasium/fitness construction*	*$565,413*

d) Make other adjustments as required to the Plan to accommodate the above changes.

2. Requests that the updated draft Sport and Recreation Plan be is advertised for public comment for a period of 28 days.

CARRIED UNANIMOUSLY 6/0

Reason: While I acknowledge the effort and extent of the consultations that took place by the consultant to develop this reference document and list of priorities contained within, its equally important to identify the numerous groups as well as individual rate payers who have not yet had their voices heard. I’m excited that the wider community will receive this opportunity in coming weeks once the document is released for public comment. I have however utilised my networks to seek advice and feedback from a number of community organisation’s and groups, including the Broome Shire Youth Advisory Council, to develop this alternative motion which primarily amends the order of priorities listed. This is a vital informing reference document for our community and one I am passionate about ensuring is a true reflection of the vision and aspirations of the community members we are elected to represent. Game changing growth opportunities are now within reach for the Shire and businesses in the region which is expected to increase our population substantially in the coming decade, broadening our rate base and providing other income generating opportunities in our area. In order to meet the expressed desires of the relatively young median aged community we represent and to attract the many future families intending to settle long term in our Shire, there is a need to develop existing facilities in a timely manner to ensure multi use capability is maximised with an additional focus on the instalment of elements which will encourage families to remain and activate sporting and recreation hot-spots for longer periods of time. Increasing leisure opportunities and community amenities will surely promote numerous economic development opportunities particularly for small business endeavours by local families. I believe the changes I have proposed to the original list of priorities is more closely aligned with community member aspirations and will better compliment the timeline of economic and population growth predicted for our Shire.

Attachments

1.	Shire of Broome DRAFT Sport and Recreation Plan

Minutes – Ordinary Meeting of Council 25 October 2018 Page 0 of 1

With Regards to Item 9.1.3 Cr C Mitchell declared the following impartiality interest pursuant to Regulation 11 of the Local Government (Rules of Conduct) Regulations 2007 – “I assist in coordinating a volunteer Wildlife Rescue Group (NARB) – no financial compensation”.

9.1.3 COMMUNITY SPONSORSHIP PROGRAM - ADDITIONAL MATCHED FUNDING ROUND

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: FIS06

AUTHOR: Community Development Officer - Youth and Community

CONTRIBUTOR/S: Manager Community and Economic Development

RESPONSIBLE OFFICER: Acting Director Development & Community

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 10 October 2018

SUMMARY: This report presents the Community Sponsorship Assessment Working Group’s recommendations for funding as part of additional Community Sponsorship Program Annual Matched Funding Round. This round was endorsed by Council to utilise the unallocated funds remaining in the program at the end of the 2017/18 Financial Year.

This report recommends that Council allocates $6,000 from the Shire’s Community Sponsorship Program account and $9,500 from the Energy Developments Pty Ltd West Kimberley Community Donation Reserve Account to successful recipients as recommended by officers and the Community Sponsorship Assessment Working Group.

BACKGROUND

Previous Considerations

OMC 14 February 2008 Item 9.2.3

OMC 5 June 2008 Item 9.2.1

OMC 26 August 2008 Item 9.2.2

OMC 23 October 2008 Item 9.2.2

OMC 2 September 2009 Item 9.2.4

OMC 28 October 2010 Item 9.2.12

OMC 27 October 2011 Item 9.3.6

OMC 15 March 2012 Item 9.1.1

OMC 6 September 2012 Item 9.1.5

OMC 21 March 2013 Item 9.1.2

OMC 15 August 2013 Item 9.1.3

OMC 19 September 2013 Item 9.1.1

OMC 27 March 2014 Item 9.1.1

OMC 26 March 2015 Item 9.1.1

OMC 31 March 2016 Item 9.1.2

OMC 27 April 2017 Item 9.1.4

OMC 31 May 2018 Item 9.1.4

SMC 15 August 2018 Item 6.2.1

Background

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

The Community Sponsorship Program (CSP) is available annually for community not-for-profit organisations to apply for funding that supports community projects and events. Each year the Shire of Broome calls for submissions for sponsorship from community groups and organisations with funding being made available to successful applicants after the adoption of the annual budget.

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

2017/18 Community Sponsorship Program

The 2017/18 CSP annual funding round was advertised between 15 January 2018 and 15 March 2018. On 7 May 2018 the CSAWG met and assessed applications and discussed an additional funding round in August 2018 to utilise the balance of remaining Shire of Broome and Energy Developments funding.

At the May 2018 OMC, Council resolved to advertise an additional CSP funding round in August 2018 to utilise the reserve balance of funding as at the end of the 2017/18 financial year.

In addition to this Energy Developments agreed to support the proposal to hold a second round of funding later in the year and utilise the unallocated Energy Development funds of $34,305 from the 2017/18 round.

Furthermore, the Shire received a funding request from the White Ribbon Day Ball prior to the August funding round. At the August 2018 OMC Council resolved to distribute $8,798 ($4,399 per annum) to the Broome White Ribbon Day Gala for the purpose of facility hire and associated costs in the 2018/19 and 2019/20 financial years.

The available budget for the August 2018 CSP was adjusted accordingly.

Community Sponsorship Program – August 2018

The additional CSP round was advertised in August 2018 and open for one month, with up to $10,000 available per application to a maximum of 50% of total project costs. The CSAWG considered applications for projects in line with the CSP Guidelines and recommended projects on criteria including whether the applicant has satisfactorily addressed the community sponsorship guidelines and the applicant has received no more than $10,000 over the previous 3 years of funding through the Shire’s CSP.

The additional CSP funding round consisted of two funding categories as outlined in the table below:

Sponsorship Category

Available Funding Round Allocation (following allocation White Ribbon Day Ball funding)

Funded by

Reserve code

Shire of Broome Community Sponsorship Program Reserve

$80,050.18

Shire of Broome

100002110

Energy Development Pty Ltd West Kimberley Community Donations Reserve

$34,305

Energy Developments Pty Ltd

100005100

COMMENT

Applications for the 2017/18 annual funding round were received between 15 August 2018 and 14 September 2018. A total of 5 applications were received requesting a total of $30,200 in funding from an available $114, 355.18.

The CSAWG met on 12 October 2018 and assessed applications in accordance with the funding guidelines. The meeting was attended by members Cr Mitchell, Cr Fryer and Cr Rudeforth. Apologies were received from Cr Male and Cr Matsumoto. Officers’ presented an assessment report based on consideration of the applications against the program criteria and the CSAWG subsequently considered the officer’s recommendations.

A summary of the CSAWG’s recommendations is shown in Attachment 1.

A declaration of interest was made by Cr Mitchell of impartiality pursuant to Regulation 11 of the Local Government (Rules of Conduct) Regulations 2007. Cr Mitchell declared being the coordinator of volunteer organisation Native Animal Rescue Broome who submitted an application in the funding round being assessed.

Due to the declared conflict of interest, only Cr Fryer and Cr Rudeforth were able to assess the Native Animal Rescue Broome’s application, which did not meet the required quorum of 3 members. Cr Fryer and Cr Rudeforth informally supported the officer’s recommendation, but the CSWAG was unable to make a formal recommendation to Council. Officers have assessed this application against the Guidelines and as it satisfied the criteria, the officer’s recommendation supports this funding proposal.

Further information was requested by the CSAWG in order to assess the application by the Burrongglo Aboriginal Corporation, and no recommendation was made regarding this request.

The CSAWG also considered and recommended funding allocations to the Broome Soccer Association, Broome North Primary School P & C and Feed the Little Children.

The funding requests supported total $15,500 and as such, the CSAWG recommends that Council allocates $6,000 from the Shire’s Community Sponsorship Program reserve account and $9,500 from the Energy Developments Pty Ltd West Kimberley Community Donation Reserve Account to the 2018/19 CSP.

The annual matched funding round for 2018/19 will still be advertised in January 2019. Any further funds remaining as at 30 June 2019, after allocation of both Annual and Ad-Hoc Sponsorships will remain in the Community Sponsorship Program reserve account.

CONSULTATION

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

The CSP was advertised on the Shire of Broome website, in the Shire News, and through a direct marketing email campaign to the Shire’s community database. Feedback was provided by Shire officers on individual applications.

Formal approval for allocations from the Energy Development’s account will be obtained in writing from Energy Development’s following Council’s resolution.

STATUTORY ENVIRONMENT

Local Government Act 1995

6.8. Expenditure from municipal fund not included in annual budget

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

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

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

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

* Absolute majority required.

(1a) In subsection (1) —

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

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

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

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

6.11. Reserve accounts

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

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

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

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

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

* Absolute majority required.

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

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

(b) in such other circumstances as are prescribed.

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

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

POLICY IMPLICATIONS

Policy 3.4.2 Community Sponsorship Program

FINANCIAL IMPLICATIONS

The table below outlines the financial implications of this report. As per Policy 3.4.2, unallocated funds will remain in the reserve for future distribution at the recommendation of the CSAWG to Council.

Payable to

Details

Amount

GL Account From

GL Account To

Balance Remaining in Reserve

Successful applicants - CSP

Annual Community Sponsorship Program as per attachment.

$6,000

22172 (transferred from reserve 100002110)

N/A

Various Creditors

$74,251

Successful applicants – Energy Developments

Annual Community Sponsorship Program as per attachment.

$9,500

22173 (transferred from reserved 100005100)

N/A

Various Creditors

$173,305

RISK

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

Risk	Type	Rank	Mitigation
Consistent and transparent process	Reputational	Low	The applications are assessed by the CSAWG in response to the program criteria. Further communication regarding this process to be developed to increase number of applicants submitting eligible projects.
Perception of community impact	Reputational	Low	A number of applications were ineligible, due to not adhering to the criteria. Continue to assist applicants in the future and review application documentation.
CSP & Energy Developments unspent funds	Reputational	Medium	Trend of unspent funds continues and may require review of allocation and if previous/current allocations are required.

STRATEGIC IMPLICATIONS

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

Effective communication

Affordable services and initiatives to satisfy community need

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

Responsible resource allocation

Effective community engagement

VOTING REQUIREMENTS

Absolute Majority

Council Resolution:

(Report Recommendation)

Moved: Cr P Matsumoto Seconded: Cr M Fairborn

That Council:

1. Approves the distribution of $4,000 to be allocated from the Community Sponsorship Program expense account (GL 22172) to the following successful applicants as recommended by the Community Sponsorship Assessment Working Group:

(a) Broome Soccer Association - $4,000 for a period of 1 year

2. Pending formal approval from Energy Developments Pty Ltd (EDL), approves the distribution of $9,500 to be allocated from the EDL sponsorship program operating expense account (GL 22173) to the following successful applicants as recommended by the Community Sponsorship Assessment Working Group:

(a) Feed the Little Children - $6,500 for a period of 1 year; and

(b) Broome North Primary School P & C - $3,000 for a period of 1 year.

3. Approves the distribution of $2,000 to be allocated from the Community Sponsorship Program expense account (GL 22172) to the following successful applicants as recommended by officers:

(a) Native Animal Rescue Broome - $2,000 for a period of 1 year conditional on the receipt of an interim acquittal of prior funding from the Shire of Broome.

4. Requests the Chief Executive Officer or his delegate to seek further financial information, including audited financial reports, from the Burrongglo Aboriginal Corporation to allow for further consideration of its applications by the Community Sponsorship Assessment Working Group.

5. Requests that the Chief Executive Officer transfer $6,000 from the Community Sponsorship Program Reserve Account (100002110) to the Community Sponsorship Program expense account (GL 22172) and $9,500 from the Energy Development West Kimberley Community Donations Reserve (100005100) to the EDL Sponsorship Program Reserve Funded expense account (GL 22173).

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 6/0

Attachments

1.	CSAWG Assessment October 2018

Minutes – Ordinary Meeting of Council 25 October 2018 Page 0 of 1

9.2.1 APPLICATION FOR LICENSE TO TRADE IN A PUBLIC PLACE - ULTIMATE WATERSPORTS

LOCATION/ADDRESS: Cable Beach

APPLICANT: Ultimate Watersports Pty Ltd

FILE: HEA001

AUTHOR: Environmental Health Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development and Community

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 5 October 2018

SUMMARY: The Shire has received an application for a licence to trade in a public place in accordance with the Trading, Outdoor Dining and Street Entertainment Local Law 2016 from Ultimate Watersports Pty Ltd, who propose to conduct jet ski hire and water sport activities on Cable Beach between May and October each year. This report provides an overview of the application for Council’s consideration.

BACKGROUND

Previous Considerations

SMC 10 June 2016 Item 6.2.3

Ultimate Watersports Pty Ltd (Ultimate Watersports) has applied to the Shire to trade in a public place, namely from the beach at Cable Beach. The application was received on 5 September 2018.

Ultimate Watersports has applied to provide a range of water sport activities including jet ski hire (3 jet skis), wakeboarding, tubing, wakesurfing, waterskiing, kneeboarding, hydrofoiling, flyboarding/jetpack (3 available), pedal boats and glass bottom kayaks. Equipment rental is available including stand up paddle boards, kayaks, wakeboards, hydro foil boards, water skis, paddles, tubes, personal floatation devices (PFD), wet suit shorts, gloves, helmets, knee boards and skurfing boards.

Based in Western Australia, Ultimate Watersports is currently operating between October and April on the Geraldton Foreshore and between May and September at Exmouth Town Beach.

Ultimate Watersports is seeking to operate on Cable Beach between the months of May and October inclusive.

Jet skis and hire equipment are proposed to be transported to the designated site on Cable Beach on trailers and removed at the close of operations each day. The trailers will be stored on private property when not in use. The business will be operated from the purpose-built shop trailer used to store gear, assist in ticket sales and coordinate customer registration/preparation (see Attachment 1). Bookings will be a requirement for jet ski hire. A minimum of 2 staff will be in attendance at any one time unless the boat utilised for water skiing is in operation, where there will be a minimum of 3 staff.

Ultimate Watersports is proposing to operate from Cable Beach, at the southern boundary of the boating prohibited area, approximately 660m from the Surf Club Vehicle Access Ramp and 495m south of the current Beach Hut Trading Area (see Attachment 2 and Attachment 3).

The applicant will utilise 2 vehicles, both with trailers for transport and storage - 1 jet ski trailer and 1 shop trailer. The shop trailer will be set up in the proposed area along with 2 flags and an A-frame sign. The jet ski trailer will be removed from the beach after off-loading the jet skis into the water. The land-based activity will be non-exclusive and as such a 30-metre-wide strip of beach perpendicular to the water is considered to be an adequate sized trading area. Water sport activities would be conducted from the waters adjacent to the proposed trading area on Cable Beach.

The applicant intends to access Cable Beach via the Cable Beach Amphitheatre access road. The jet ski trailer will launch and retrieve the skis from in front of the area of operation. Vehicle movements on the beach will only be required at set up and set down and will be restricted while trading throughout the day.

It is intended to operate annually from 1 May to 31 October, 7 days a week. The proposed trading hours are between 9:00am to 5:00pm daily.

A copy of the business operation plan had been provided by Ultimate Watersports as part of the application (see Attachment 4) which includes a risk/safety management plan, standard operating procedures, safety and environmental policy, technical manual and compliance certificates. A certificate of currency has also been provided demonstrating public liability insurance in the amount of $10 million. It is noted however, that the current insurance policy expires on 13/12/2018. Should Council decide to issue a trading licence to Ultimate Watersports, an up to date certificate of currency will be required prior to trading commencing.

Additional information on the proposed trading activity was provided as part of the application in a Council proposal document (see Attachment 5). This documentation also includes an outline of the relevant experience of the business owners Lindsay and Emily Cannon.

Ultimate Watersports has provided a letter of support for their application from the Mayor of the City of Greater Geraldton (see Attachment 6) along with a Certificate of Accreditation from the Tourism Council WA (see Attachment 7). The business is affiliated with Pavati Australia (wake boat manufacturer) and Ultimate Watersports has advised that they may be called upon to host wakeboard tournaments, subject to obtaining the necessary event permits. Ultimate Watersports has also advised that they have recently been nominated as a finalist for the 2018 Perth Airport Tourism WA Awards as well as being awarded winner for the Travel and Hospitality Award, MWCCI Finalist – Micro Business Award, MWCCI Finalist – Tourism Excellence Award and Trip Advisor 5 Star Certificate of Excellence.

COMMENT

Ultimate Watersports’ trading licence application has been assessed against the Shire’s Trading, Outdoor Dining and Street Entertainment Local Law 2016 (Trading Local Law) and the Shire’s Policy 3.3.6 - Trading in Public Places (Trading Policy).

Clause 5.4 of the Trading Local Law contains a list of application requirements which have been met by Ultimate Watersports.

There are certain requirements in relation to the safe conduct of a jet ski and watersport activities. These requirements have either been met (as described above within the management plans) or Council can determine conditions on any trading licence issued to reflect these requirements. In general, jet skiing and motorised watersports are now specifically regulated by the Australia Maritime Safety Authority (AMSA) through the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 and Marine Safety (Flyboards) Exemption 2014. Ultimate Watersports have obtained all the necessary approvals to operate in accordance with the AMSA requirements.

The applicant is seeking to obtain vehicle access to the assigned trading location on Cable Beach from the main entrance through the Cable Beach Amphitheatre. A permit for vehicle access within the vehicle prohibited area on Cable Beach will be required for this to occur, which may be authorised by the Chief Executive Officer under delegated authority from the Minister for Local Government.

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

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

· for the section of Cable Beach:

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

(b) between the high and low water mark.

The activity proposed by Ultimate Watersports will arguably support and will be directly related to the recreational use and enjoyment of Cable Beach. However, the activity is not proposed in the area of Cable Beach designated in the Trading Policy.

In accordance with subclause 3 of Schedule 1 of the Trading Policy, Council can still approve the activity notwithstanding its location outside the designated area, if it considers there is sufficient merit in the proposed trading activity to justify its approval. Officers believe that the additional activities proposed by Ultimate Watersports will have value to the tourism industry and economy of Broome. In addition, given the noise from some of the jet ski based activities, it is desirable to have this activity located outside the designated area, which creates distance from the main part of Cable Beach. Therefore, Officers consider there to be adequate justification to warrant the approval of the activity, despite this deviation from the Trading Policy.

The Trading Policy contains other provisions that apply to proposed trading activities, and the application generally complies with these, including as follows:

· Ultimate Watersports would not be directly competing with any permanent business.

· The location of the proposed trading area will minimise its impact on beach patrons.

· The activity does not require the exclusive use of Cable Beach.

· The trading activity is not expected to generate a noise disturbance given that:

(a) it is greater than 450m from a noise sensitive premises, and approximately 660m from the Surf Life Saving Club.

(b) The jet skis have not been modified and meet all marine EPA standards from factory as per requirements.

(d) Environmental Health Officers from Geraldton and Exmouth note there have been no noise concerns from the watersport activities raised to date.

(e) Jet skis are able to operate in the proposed trading area.

· All required documentation including a Risk Management Plan and a Business/Operational Plan has been provided. These plans have been assessed and have been deemed satisfactory by Shire officers.

In relation to noise, while officers consider there to be a low risk that this will be an issue, it is recommended that any trading licence that is issued include a condition requiring the implementation of a noise management plan should verified noise complaints be received. In addition, Council has the ability to vary trading licence conditions as required, or revoke the licence at any time in accordance with the Trading Local Law.

Overall, the proposed trading activity will provide an additional recreational opportunity for people, without detracting from the reasonable enjoyment of the remainder of the beach by other visitors. It will also add to the tourism offerings available and be of benefit to the Broome economy. Therefore, it is recommended that a trading licence be issued to Ultimate Watersports for a period of 5 years subject to relevant conditions.

CONSULTATION

Ultimate Watersports has consulted with other organisations operating within the Cable Beach area including the Cable Beach Resort, the Beach Hut and the Cable Beach Surf Lifesaving Club. A submission was received on 1 October 2018 from the operators of the Beach Hut stating that the location for the proposed trading activity (approximately 660 metres south of the Surf Life Saving Club ramp) would not directly affect their business (see Attachment 8).

A submission was received on 4 October 2018 from the Broome Surf Life Saving Club (SLSC) stating that the Broome SLSC Management Committee agreed at their August meeting not to support the application due to concerns regarding noise levels in close proximity to the public beach (see Attachment 9). Officers note this concern, but as discussed above, believe there is a low risk of inappropriate noise impacts from the activity and also that sufficient safeguards exist for the Shire to respond to noise impacts should they become an issue.

Correspondence has been received that confirms that the Department of Transport has no objection to the business operations provided it takes place in the appropriate area (outside of the boating prohibited area) and does not contravene or breach any marine regulations (see Attachment 10).

STATUTORY ENVIRONMENT

Trading, Outdoor Dining and Street Entertainment Local Law 2016

2.3 Determination of application

2.3.1 The local government may, in respect of an application for a licence —

(a) refuse to approve the application; or

(b) approve the application on such terms and conditions, if any, as it sees fit.

5.4 Licence application

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

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

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

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

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

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

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

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

5.5 Trading licence

A trading licence granted by the local government will —

(a) include a licence number;

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

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

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

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

POLICY IMPLICATIONS

Schedule 1 of the Trading in Public Places Policy states that applications for trading licences on Cable Beach if approved are to be located between a point formed by the westerly prolongation of Murray Road to the low water mark and a point located 500m north of the vehicle entry ramp adjacent to the Broome Surf Club and between the high and low water mark.

Ultimate Watersports’ proposal falls outside this area. However, as outlined in Schedule 1 of the Policy, Council may grant a trading licence for an activity outside of this section of Cable Beach where Council considers that there is sufficient merit in the proposed trading activity to justify its approval.

Shire officers consider that the proposed watersport activities will add value to the tourism industry and the economy within Broome and therefore recommend that Council approve the issue of the trading licence even though the activity falls outside the area designated in the Trading Policy.

FINANCIAL IMPLICATIONS

Should Council approve a Trading Licence for Ultimate Watersports, a high-intensity annual trading licence fee of $1,540 will be payable by the applicant. An application fee of $330 has already been paid.

The proposed trading activity has been assessed as high-intensity on the basis that it is being undertaken on Cable Beach, an area to which significant Shire resources are dedicated.

RISK

Risks associated with the business are to be managed by the applicant. The applicant has developed a Risk Assessment and Management Plan and an Emergency Response Plan to mitigate associated risks.

Considering these mitigation measures, the risk to the Shire in approving the activity is considered Low.

There is a risk if the Shire were to refuse the application that the decision may be challenged in the State Administrative Tribunal. The risk of this occurring should the Shire refuse the application, given the application complies with the Trading, Outdoor Dining and Street Entertainment Local Law 2016 and is consistent with the Trading Policy, is considered Moderate.

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:

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

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

Moved: Cr P Matsumoto Seconded: Cr M Fairborn

That Standing Orders be suspended at 5.26pm.

CARRIED UNANIMOUSLY 6/0

Council Resolution:

Moved: Cr B Rudeforth Seconded: Cr C Mitchell

That Standing Orders be reinstated at 5.35pm.

CARRIED UNANIMOUSLY 6/0

Council Resolution:

(Report Recommendation)

Moved: Cr B Rudeforth Seconded: Cr C Mitchell

That Council:

1. Approves the application for a Trading in Public Places Licence received from Ultimate Watersports for Jet Ski Hire and water-based activities on Cable Beach:

a) in accordance with the application received on 5 September 2018;

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

2. Authorises the Chief Executive Officer to issue the Trading in a Public Place Licence to Ultimate Watersports for Cable Beach in accordance with clauses 2.3.1 and 2.4 of the Trading, Outdoor Dining and Street Entertainment Local Law 2016 and subject to the following conditions:

a) The licence expiry date is 30 June 2023.

b) The trading activity will be operated in the hours between 9am and 5pm.

c) The trading activity is to occur only on Cable Beach within an area 30 metres in width from the southern end of the boating prohibited area, 660m south of the Surf Life Saving Club vehicle access ramp, and between the high and low watermark.

d) The only trading activities permitted on the area approved by this licence are:

· Wakeboarding

· Tubing

· Wakesurfing

· Waterskiing

· Kneeboarding

· Hydrofoiling

· Stand up paddleboard hire

· Kayaking hire

· Jet ski hire (maximum of 3 for hire)

· Flyboard/jetpack lessons

· Pedal boat hire

e) All equipment must be located at least 5 metres from the base of the sand dunes or vegetation.

f) All equipment must be removed at the close of operation each day.

g) The trading activity must be carried out in accordance with the following documents submitted with the trading licence application on 5 September 2018:

i. Safety Operating Procedures;

ii. Safety and Environmental Policy; and

iii. Safety Management Plan.

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

i) No sale of food or beverages is permitted.

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

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

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

m) The licensee must at all times comply with the requirements of any legislative requirement, including but not limited to the Environmental Protection (Noise) regulations 1997, Road Traffic Act 1974 and the Occupational Health and Safety Act 1984.

n) The Shire of Broome reserves the right to request and implement a noise management plan in the case of any recorded noise complaints.

o) The licensee may place one portable sign within the approved trading area. That sign must:

i. not exceed 750mm in height;

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

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

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

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

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

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

p) The Shire of Broome reserves the right to vary licence conditions as required, or to revoke this licence at any time in accordance with the Trading, Outdoor Dining and Street Entertainment Local Law 2016.

q) The use of the trading area allocated is non-exclusive.

CARRIED UNANIMOUSLY 6/0

Attachments

1.	Purpose built trailer and equipment
2.	Proposed Location - Aerial Map
3.	Ultimate Watersports Proposed Trading Area
4.	Business Operation Plan
5.	Council Proposal
6.	Letter of Support - Mayor of the City of Greater Geraldton
7.	Certificate of Accreditation - Tourism Council WA
8.	Email from Beach Hut
9.	Email from Surf Life Saving Club
10.	Email from Department of Transport

Minutes – Ordinary Meeting of Council 25 October 2018 Page 0 of 1

9.2.2 PROPOSED AMENDMENT TO LOCAL STRUCTURE PLAN STAGE 2, BROOME NORTH, BILINGURR

LOCATION/ADDRESS: Lot 503 Bilingurr and Lot 2605, 2658 and 2659, Fairway Drive Bilingurr

APPLICANT: LandCorp

FILE: PLA88

AUTHOR: Acting Director Development & Community

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Acting Chief Executive Officer

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 5 October 2018

SUMMARY: Local Structure Plan No 2 for Broome North was adopted by Council at its Ordinary Meeting on 20 June 2013 and was subsequently endorsed by the Western Australian Planning Commission on 26 March 2014.

The Local Structure Plan will guide the next stage of subdivision of the Broome North area and covers the portion of land to the north of the existing Broome North subdivision area, to the immediate west of Broome Road.

LandCorp are seeking amendments to the Local Structure Plan No 2. The purpose of this report is for Council to consider the proposed amendments. The report recommends that Council advise that further information is required before the Structure Plan will be accepted for assessment and advertising.

BACKGROUND

Previous Considerations

OMC 4 October 2012 Item 9.2.3

OMC 29 November 2012 Item 9.2.1

OMC 21 March 2013 Item 9.2.6

OMC 20 June 2013 Item 9.2.7

Site and Surrounds

The subject area is the land generally bounded by Fairway Drive (north), Broome Road (east), a 150m wide Ecological Cultural Corridor (south) and an unconstructed portion of Magabala Road (west). The subject site comprises an area of approximately 90.07ha.

Background

The entire Broome North development area (which extends north from Gubinge Road, through to a point just south of the waste facility) is covered by a District Development Plan (DDP). The DDP was originally adopted by Council in February 2010. The purpose of the DDP is to provide high-level guidance over several suburbs or part of a townsite and provides for major structural elements, including major roads, district level open space areas, commercial and industrial areas and environmental conditions. The DDP that was adopted to guide the overall development of the Broome North area is contained in Attachment No 1.

A Local Structure Plan is a more detailed plan that is adopted under the provisions of the Local Planning Scheme No 6 (LPS6). A Local Structure Plan establishes the basis for zoning (including residential density) to guide the future subdivision of the land and identifies the road network and layout, drainage details, provision and design intent of public open space areas and so on. Any future subdivision application that is submitted will be assessed against the Local Structure Plan.

Local Structure Plan No 2 (LSP2) was adopted by Council at its Ordinary Meeting on 20 June 2013 and was then endorsed by the Western Australian Planning Commission (WAPC) on 26 March 2014. A copy of the current adopted LSP2 is contained in Attachment No 2. At that time the LSP2 was titled Local Development Plan No 2, however due to changes to terminology through the gazettal of LPS6 and the Deemed Provisions, the document is now known as a Local Structure Plan.

LandCorp first approached the Shire in May 2016 indicating that it was intending to submit an amendment to LSP2. The principal amendment sought to the adopted LSP2 was to relocate the District Open Space to the north of Fairway Drive. A review of the layout and distribution of lots, Public Open Space (POS) and roads was also foreshadowed at that time.

A draft version of the amended LSP2 report was forwarded to the Shire for officer level review and advice in early 2017. Officers provided feedback on the technical elements for addressing prior to formal submission to the Shire. LandCorp have now formally submitted the amendment for consideration by the Shire. Attachment No 3 is a copy of LandCorp’s cover letter to the Shire and a copy of the amended LSP2 report is contained in Attachment No 4. The technical appendices are contained in Attachments No 5 to 11.

As the amended LSP2 is seeking departures from the adopted DDP and also variations to Local Planning Policy 5.22 Shire of Broome Structure Plan and Subdivision Standards (LPP 5.22), the application is being referred to Council for consideration.

Description of the Proposal

The DDP is a high order, diagrammatic plan for guiding development in the Broome North area. The DPP is designed as a flexible instrument to be refined at the Local Structure Plan stage in response to the unique characteristics of individual sites and their requirements. This process of refinement results in some variations to the structure proposed at the district level, however the underlying principles continue to be incorporated into the subdivision design.

The DDP is organised around the guiding principle of the ‘Transect’ which is used to coordinate the design of public spaces, streets and buildings within each transect zone. As established in the DDP, the LSP2 area contains ‘Neighbourhood Living’ (R12.5 – 25) and ‘Urban Living’ (R25 – 40) residential areas.

The ‘Neighbourhood Living’ transect zone equates to what is traditionally understood to be a “suburban” style of development and provides a range of medium to large lot sizes (350sqm to 700sqm).

The ‘Urban Living’ transect zone is intended to maximise the number of households adjacent to or within walking distance of higher amenity areas such as parks, community facilities and public transport. In contrast to the ‘Neighbourhood Living’ zone it is characterised by more urban elements such as smaller lots (350sqm – 200sqm), reduced front setbacks to buildings and more formal landscaping in streets and parks. This zone facilitates the development of smaller, more affordable housing.

The design approach has been informed by the outcomes of the Housing Analysis prepared for the DDP. This found that the two most important factors in housing and subdivision design in Broome are access to breeze and the provision of shade, which has implications for the street orientation, road width and lot layouts. This is interpreted within the plan by use of a cardinally oriented grid to enable standard eaves projections for effective shading, and the orientation of roads to run north/south to allow the majority of lots to be oriented east/west to provide access to prevailing cooling winds come from the north-west/west/south-west.

This climate responsive design will also be extended to the detail of the built form of the houses to ensure that house design responds to the seasonal variations of Broome’s climate and provides future residents with living spaces that celebrate the unique Broome climate and lifestyle.

The LSP2 makes provision for approximately 677 dwellings, comprising a range of residential lot sizes and housing types, from medium sized lots to medium-high density grouped/multiple housing. All lots are within a short walking distance (typically less than 300 metres) of some form of open space.

COMMENT

Part 4 of the Deemed Provisions of the Planning and Development (Local Planning Schemes) Regulations 2015 establish the process for adoption and amendments to Local Structure Plans. This is set out in the ‘Legislation’ section below, however in essence Local Structure Plans are to be prepared consistent with the form and manner approved by the WAPC. A Local Structure Plan is first submitted to the local government for review and acceptance and then advertised for public comment. The local government is then to consider any submissions received and provides a report to the WAPC where a decision will be made to either:

· approve the Structure Plan;

· require the Structure Plan to be modified and resubmitted; or

· refuse to approve the Structure Plan.

A Structure Plan can be amended by the WAPC at the request of the local government or a person who owns land in the area covered by the plan. The local government is to follow the process for the adoption of a Structure Plan in considering an amendment, unless the amendment is deemed minor, in which case the local government can decide not to advertise the amendment. In this case, the amendment is not deemed minor as the amendment sought proposes changes that are not aligned with the adopted DDP.

The form and manner in which a Structure Plan is to be prepared is established in the WAPC Structure Plan Framework (which can be accessed from https://www.planning.wa.gov.au/dop_pub_pdf/StructurePlanFramework.pdf). LSP2 has been prepared consistent with the Format of a Structure Plan, set out in the WAPC framework. LSP2 has been assessed against the relevant planning instruments, including the Local Planning Strategy, Liveable Neighbourhoods and LPP 5.22, details of which are outlined below.

The amended LPS2 document submitted proposes the following amendments to the previously endorsed Structure Plan:

· Relocation of the District Park;

· Changes to the distribution of Urban Living transect;

· Review and consolidation of public open space;

· Amendment to the Local Access Street typology; and

· Amendment to the Building Typologies.

If the amended LSP2 is approved, this will supersede the current Structure Plan and the amended LSP2 report as shown in Attachment No 4 will become the Structure Plan for the subject land.

The information below presents further detail on the amendments sought and a review of the amended LSP2 against the planning framework.

Relocation of the District Park

The amended LSP2 seeks a variation to the DDP as the area that is set aside for the District Park in the DDP is identified as being south of Fairway Drive. The current adopted LSP2 shows the District Park positioned to the immediate west of the future Private Education site, on the southern side of Fairway Drive. The amended LSP2 under consideration proposes that the District Park be relocated to the north of Fairway Drive, at the future intersection of Fairway Drive and Magalbala Road. The rationale for the amendment is set out in section 4.2 of the amended LSP2 report (Attachment No 4) and is based on a combination of economic and spatial factors.

The amendment proposed has merit and from a spatial perspective the relocation of the District Park to the north of Fairway Drive is preferable for the following reasons:

· The location at the intersection of Magabala Road and Fairway Drive will mean that the future District Park will have improved accessibility from the arterial road network, providing a higher level of accessibility for the cluster of neighbourhoods forming the Broom North community, as well as accessibility and visibility for external visitors to this district facility from other locations.

· The revised location has less direct interface with residential land, minimising the potential impacts of noise, traffic and light spill to nearby properties.

· The proposed relocation provides more flexibility for the design of the future District Playing Fields given its size and dimensions and has the capacity to accommodate up to two ovals as recommended in the Sport and Recreation Framework 2016-2025.

· Given that the DDP identifies a future Primary and Secondary school to the immediate north of this location, there is capacity to investigate shared use of the facility in the future.

It is noted that one of the factors for the relocation of the District Park was for economic reasons, to make the development of the LSP2 area financially viable. In earlier discussions with LandCorp, concern was raised that if the District Park was simply removed from the LSP2, without a new site being identified, there was the potential that in the future stages of the development similar economic rational would be supplied as reason to not provide the District Park. Therefore, the boundary of the LSP2 area has been expanded to the north of Fairway Drive to encompass the site now identified as District Park. This means that the area in question will be reserved into the future for District Park and when required the land can be transferred to the Shire for the development of district level recreational facilities. LandCorp will also be pursuing an amendment to the DDP to reflect these changes.

Given the above, it is recommended that the Shire accepts the proposed amendment to the location of the District Park.

Distribution of Urban Living Transect

LSP2 is generally consistent with the DDP, however it does propose additional land for the development of ‘Urban Living’ transect than originally anticipated. Urban Living is medium density land between R25-R40 as opposed to Neighbourhood Living which is lower density between R12.5-R25. The DDP establishes that the aim of the Urban Living transect is to maximise the number of households located within walking distance of shops and other commercial and community services and areas of high amenity (parks). The objectives of this transect is also to allow for smaller, more affordable housing.

The current adopted LSP2 was supported with a higher portion of land in the Urban Living transect than originally anticipated in the DDP. However, the amendment currently under consideration seeks to increase this further, as outlined in the table below:

	Neighbourhood Living	Urban Living	Combined Area
Endorsed LSP2	17.20ha (72.31%)	6.59ha (27.69%)	23.80ha
Amended LSP2 (under consideration)	18.23ha (64.37%)	10.09ha (35.63%)	28.32ha
Gain	1.03ha	3.49ha	4.52ha

The amendment is seeking an increase in proportion Urban Living transect beyond the DDP and that originally approved through the adoption of LSP2. Concern is raised regarding the spatial distribution of the Urban Living transect and that in some cases it does not meet the locational objectives of the DDP as it is not positioned in close proximity to shops, commercial/community services or areas of higher amenity. In this regard, it is recommended that Council advise that the distribution of the Urban Living transection through the LSP2 area needs to be reviewed to align with the objectives of the transect as established in the DDP.

Consolidation of POS area

The current LSP2 provides for the provision of three local parks, a neighbourhood park and an extensive series of multiple use corridors. The amended LSP2 proposes to consolidate the distribution of open space through the provision of two neighbourhood parks and one local park. Drainage swales will still be accommodated throughout the estate as required to satisfy the Better Urban Water Management Principles, however they are largely accommodated within road reserves and a portion of the POS areas.

The amended design is considered to deliver larger, more adaptable POS but also lessen the distribution of open space areas throughout the estate thus minimising the future maintenance burden on the Shire. The distribution of POS complies with LPP 5.22 and Liveable Neighbourhoods, and is generally consistent with the distribution recommended in the Local Planning Strategy, Figure 12. The amendment to the POS areas is therefore supported.

Local Access Street Typologies

The road cross-sections provided in the amended LSP2 are generally consistent with the ones in the current LSP2, however LandCorp are seeking an amendment to the Local Access Street road cross-section. This amendment essentially proposes that the road pavement width be decreased from 6m to 5.5m, (refer to Figure 9 in Attachment No 4). The Shire’s LPP 5.22 establishes that Local Access Streets should have a minimum pavement width of 6m.

This was a matter that was considered in detail through the endorsement of the current LSP2, as LandCorp at that time were seeking to implement 5.5m wide road pavements on Local Access Streets. As set out in the letter in Attachment No 3, LandCorp are seeking to narrow the road pavement widths to improve road safety, stating that narrower roads influence driver behaviour and greatly reduce vehicle speeds and the risk of pedestrian injury or death.

Designing streets for safety is important and as acknowledged within the Traffic Assessment report the street network has been designed to improve safety and reduce vehicle speeds through short street lengths. In addition to safety, the functionality of the street network is also a consideration. Liveable Neighbourhoods provides for a number of scenarios of street design and allows for the ‘Local Access Street D’ design to have a 6m wide pavement which can be reduced to a 5.5m width subject to the agreement of the local authority. A 5.5m wide pavement allows a car to pass a parked car or a moving car, but not both. It is too narrow to allow for cars to park opposite each other without blocking the street and therefore staggered car parking is required.

Liveable Neighbourhoods also states that pavements will need to be widened to 7.4m to accommodate buses. It is noted that the DDP does not identify public transport routes through the LDP2 streets, however school buses may still need to access these streets which would be very difficult with a 5.5m wide pavement.

Broome is a car dominant community and it is common to have shared housing often resulting in more than 2 cars per dwelling. As the average house is provided with 2 onsite car parking bays, additional parking occurs within the street and in existing areas it is common to witness vehicles parked on the verge and/or footpath. In its early consideration of LSP2, Council requested LandCorp to make provision for embayed car parking on all streets to accommodate improved parking outcomes and prevent the need to park on the verge. The provision of embayed parking is not considered practical on all streets (should only occur adjacent to POS areas to avoid interaction with vehicle crossovers) however the road pavement installed should be adequate to enable parking and prevent the proliferation of parking on road verges. Therefore, road pavements should be wide enough to allow for vehicles to park on the road. Travelling through existing residential streets in Broome it is evident that there is a reluctance to park on the road pavement with the preference being to park on the verge. The majority of the existing residential roads are 7.4m wide or greater, therefore it is unlikely if road pavements are reduced to 5.5m that people would park on the road pavement.

Therefore, it is recommended that the reduction to road pavement widths is not supported and that Council advise that amendments to LSP2 are required prior to is being accepted for assessment and advertising.

The road reservation width for local access streets is shown in Figure 9 of Attachment No 4. The cross-section details that the road reserve width varies between 16.8-19.2m. LPP 5.22 establishes that the minimum street reserve width is to be 18m. It is therefore recommended that this element of the LSP2 report be updated prior to LSP2 being accepted for assessment and advertising.

The Access and Movement Report, contained in Attachment No 7 is undergoing technical review by the Shire’s Infrastructure section. There may be some amendments required following this technical review, however if amendments are required, they are not likely to impact the overall design intent of LSP2. It is recommended that any amendments required following the technical review are to be completed to the satisfaction of the Director of Infrastructure prior to LSP2 being accepted for assessment and advertising.

Bushfire Management Plan

An updated Bushfire Management Plan (BMP) has been prepared and forms one of the Technical Reports contained in Attachment No 5. A BMP is required to be prepared to satisfy the requirements of State Planning Policy 3.7 – Planning in Bushfire Prone Areas and provides an overview of the bushfire risk and incorporates a Bushfire Attack Level Assessment (also know as BAL Contour Map). The BMP applies the standards contained in AS 3959 to determine which houses within the future estate will need to meet the prescribed BAL levels.

The BAL Contour Map has been prepared on the premise that the POS areas and drainage corridors will be maintained to the Asset Protection Zone or ‘low threat vegetation’ standard. This means that the Shire will be maintaining the drainage areas and all POS areas to the following standard:

· Trees – once reaching maturity, lower branches should be removed to a height of 2m above ground level, canopy cover should be less than 15% with tree canopies at maturity well spear at least 5 metres apart as to not form a continuous canopy;

· Shrubs – should not be located under trees, should not be planted in clumps greater than 5sqm in area, clumps of scrubs should be separated from each other.

· Grass – should be managed to maintain a height of 100mm of less.

The existing drainage swales in Broome North are not maintained to this standard and to meet this it would result in an increase level of service to be provided by the Shire’s Parks and Garden’s team and would likely be beyond the capacity of the Shire to deliver. Further, maintenance of the vegetation to the above standard would conflict with the Better Urban Water Management Principles which encourages that drainage swales are vegetated and stabilised to improve stormwater quality and to prevent erosion.

Given the above, it is recommended that Council advise that an updated BMP is to be provided that accounts for future landscaping treatments within the POS/stormwater swales. Any provisions that will require the Shire to maintain drainage swales to meet the Asset Protection Zone or low-threat vegetation standard in AS 3959 need to be removed.

Pedestrian Access Way

The amended LSP2 proposes that a Pedestrian Access Way (PAW) is provided along the southern road adjacent to the Ecological Cultural Corridor. In the initial officer level comment on the Structure Plan amendments, this was requested to be removed due to the poor urban design outcomes that are often experienced when PAWs have been implemented in other areas. In response to this the Structure Plan has been updated with a notation ‘non-trafficable road’. This is not considered to be a reasonable design outcome and does not address the potential for anti-social issues that can occur in such locations.

The PAW/’non-trafficable road’ has been recommended in the amended LSP2 layout as the road in question is a long-straight road which can increase the prevalence of speeding and the road being used as a short-cut. While it is noted that creation of a road of this length is not an ideal outcome from a traffic design perspective, to design around this scenario by creating a PAW is also not an ideal outcome. This was overcome in the current adopted LDP2 through an inclusion of a slight indentation of the ECC to create a break in the straight road, having the effect of slowing down traffic whilst at the same time still enabling vehicle access. This is considered a preferable design outcome and it is recommended that Council request for this issue to be addressed prior to accepting LSP2 for assessment and advertising.

Summary

As set out in the comments above, it is considered that the Shire is not in a position to accept the amended LSP2 for assessment and advertising until the following information/amendments are provided:

a) Further information is required to demonstrate that the distribution of the Urban Living transect proposed in the amended LSP2 meets with the principles contained within the DDP.

b) The Local Access Street typology is to be updated so there is a minimum 18m wide road reserve and minimum 6m wide road pavement.

c) An updated BMP is provided that accounts for future landscaping treatments within the POS/stormwater swales, removing any reference that implies that drainage swales will meet the Asset Protection Zone standards. The BAL contour map may need to be updated as a result.

d) The Local Structure Plan figure and supporting document is to be updated to remove the PAW/non-trafficable road.

Once the above updates have been made and information provided, it is considered that the amended LSP2 will be consistent with the planning framework and can be advertised.

CONSULTATION

A Structure Plan is required to be advertised for public comment prior to its being forwarded to the WAPC for adoption. The period of public display is specified as being a minimum of 14 days and a maximum of 28 days. The public consultation will be 28 days and will include the following as a minimum:

· Notice in the newspaper and the Shire’s website;

· Display of material at the Shire Administration Centre;

· Letter to all landowners covered by LSP2 and all landowners within 100m of the site;

· Letters to servicing authorities; and

· Letters to referral authorities including Department of Water and Environmental Regulation and Department of Biodiversity Conservation and Attractions.

STATUTORY ENVIRONMENT

Planning and Development (Local Planning Schemes) Regulations 2015 – Part 4

15. When structure plan may be prepared

1. A structure plan in respect of an area of land in the Scheme area may be prepared if —

(a) the area is —

(i) all or part of a zone identified in this Scheme as an area suitable for urban or industrial development; and

(ii) identified in this Scheme as an area requiring a structure plan to be prepared before any future subdivision or development is undertaken;

(b) a State planning policy requires a structure plan to be prepared for the area; or

(c) the Commission considers that a structure plan for the area is required for the purposes of orderly and proper planning.

16. Preparation of structure plan

2. (1) A structure plan must —

(a) be prepared in a manner and form approved by the Commission; and

(b) include any maps, information or other material required by the Commission; and

(c) unless the Commission otherwise agrees, set out the following information —

(i) the key attributes and constraints of the area covered by the plan including the natural environment, landform and the topography of the area;

(ii) the planning context for the area covered by the plan and the neighbourhood and region within which the area is located;

(iii) any major land uses, zoning or reserves proposed by the plan;

(iv) estimates of the future number of lots in the area covered by the plan and the extent to which the plan provides for dwellings, retail floor space or other land uses;

(v) the population impacts that are expected to result from the implementation of the plan;

(vi) the extent to which the plan provides for the coordination of key transport and other infrastructure;

(vii) the proposed staging of the subdivision or development covered by the plan.

3. (2) The local government may prepare a structure plan in the circumstances set out in clause 15.

4. (3) A person may make an application to the local government for a structure plan prepared by the person in the circumstances set out in clause 15 to be assessed and advertised if the person is —

(a) a person who is the owner of any or all of the land in the area to which the plan relates; or

(b) an agent of a person referred to in paragraph (a).

17. Action by local government on receipt of application

5. (1) On receipt of an application for a structure plan to be assessed and advertised, the local government —

(a) must consider the material provided by the applicant and advise the applicant in writing —

(i) if the structure plan complies with clause 16(1); or

(ii) if further information from the applicant is required before the structure plan can be accepted for assessment and advertising;

and

(b) must give the applicant an estimate of the fee for dealing with the application in accordance with the Planning and Development Regulations 2009 regulation 48.

6. (2) The structure plan is to be taken to have been accepted for assessment and advertising if the local government has not given written notice to the applicant of its decision by the latest of the following days —

(a) 28 days after receipt of an application;

(b) 14 days after receipt of the further information requested under subclause (1)(a)(ii);

(c) if the local government has given the applicant an estimate of the fee for dealing with the application — the day the applicant pays the fee.

18. Advertising structure plan

7. (1) The local government must, within 28 days of preparing a structure plan or accepting an application for a structure plan to be assessed and advertised —

(a) advertise the proposed structure plan in accordance with subclause (2); and

(b) seek comments in relation to the proposed structure plan from any public authority or utility service provider that the local government considers appropriate; and

(c) provide to the Commission —

(i) a copy of the proposed structure plan and all accompanying material; and

(ii) details of the advertising and consultation arrangements for the plan.

8. (2) The local government must advertise the structure plan in one or more of the following ways —

(a) by giving notice of the proposed structure plan to owners and occupiers who, in the opinion of the local government, are likely to be affected by the approval of the structure plan, including a statement that submissions may be made to the local government by a specified day being a day not less than 14 days and not more than 28 days, or a later day approved by the Commission, from the day on which the notice is given to the person;

(b) by publishing a notice of the proposed structure plan in a newspaper circulating in the Scheme area including a statement that submissions may be made to the local government by a specified day being a day not less than 14 days and not more than 28 days, or a later day approved by the Commission, from the day on which the notice is published;

(c) by publishing a notice of the proposed structure plan on the local government website including a statement that submissions may be made to the local government by a specified day being a day not less than 14 days and not more than 28 days, or a later day approved by the Commission, from the day on which the notice is published;

(d) by erecting a sign or signs in a conspicuous place on the land the subject of the proposed structure plan giving notice of the proposed plan for a period of not less than 14 days and not more than 28 days from the day on which the sign is erected including on each sign a statement that submissions may be made to the local government by a specified day being a day not less than 14 days and not more than 28 days, or a later day approved by the Commission, from the day on which the sign is erected.

9. (3) The local government —

(a) must make a structure plan advertised under subclause (2) and the material accompanying it available for public inspection during business hours at the offices of the local government; and

(b) may publish the structure plan and the material accompanying it on the website of the local government.

10. (4) If a local government fails to advertise a structure plan in accordance with this clause, the Commission may take reasonable steps to ensure that the plan is advertised.

11. (5) All costs incurred by the Commission in the exercise of the power conferred by subclause (4) may, with the approval of the Minister, be recovered from the local government as a debt due to the Commission.

12.

19. Consideration of submissions

13. (1) The local government —

(a) must consider all submissions made to the local government within the period specified in a notice advertising the structure plan; and

(b) may consider submissions made to the local government after that time; and

(c) may request further information from a person who prepared the structure plan; and

(d) may advertise any modifications proposed to the structure plan to address issues raised in submissions.

14. (2) If a local government makes a decision under subclause (1)(d) the local government must take any steps the local government considers appropriate to advertise the proposed modification to the structure plan.

15. (3) Modifications to a structure plan may not be advertised on more than one occasion without the approval of the Commission.

20. Local government report to Commission

16. (1) The local government must prepare a report on the proposed structure plan and provide it to the Commission no later than 60 days after the day that is the latest of —

(a) the last day for making submissions specified in a notice given or published under clause 18(2); or

(b) the last day for making submissions after a proposed modification of the structure plan is advertised under clause 19(2); or

(c) a day agreed by the Commission.

17. (2) The report on the proposed structure plan must include the following —

(a) a list of the submissions considered by the local government, including, if relevant, any submissions received on a proposed modification to the structure plan advertised under clause 19(2);

(b) any comments by the local government in respect of those submissions;

(c) a schedule of any proposed modifications to address issues raised in the submissions;

(d) the local government’s assessment of the proposal based on appropriate planning principles;

(e) a recommendation by the local government on whether the proposed structure plan should be approved by the Commission, including a recommendation on any proposed modifications.

21. Cost and expenses incurred by local government

18. The costs and expenses incurred by the local government in giving a report under clause 20(1), are, to the extent that they are not payable by a person who prepared a structure plan under the Planning and Development Regulations 2009 regulation 49, to be borne by the local government.

22. Decision of Commission

19. (1) On receipt of a report on a proposed structure plan, the Commission must consider the plan and the report and may —

(a) approve the structure plan; or

(b) require the local government or the person who prepared the structure plan to —

(i) modify the plan in the manner specified by the Commission; and

(ii) resubmit the modified plan to the Commission for approval;

(c) refuse to approve the structure plan.

20. (2) Before making a decision under subclause (1), the Commission may, if the Commission considers that major modifications have been made to the structure plan since it was advertised, direct the local government to readvertise the structure plan in the manner specified by the Commission.

21. (3) The Commission may not direct the local government to readvertise the structure plan on more than one occasion.

22. (4) If the Commission is not given a report on a proposed structure plan in accordance with clause 20(1), the Commission may make a decision on the proposed structure plan under subclause (1) in the absence of the report.

23. (5) The Commission is to be taken to have refused to approve a structure plan if the Commission has not made a decision under subclause (1) within —

(a) 120 days of the day on which the local government provides the report to the Commission, excluding any period between the Commission requiring modifications to the structure plan and the resubmission of the modified plan; or

(b) a longer period agreed in writing between the Commission and the person who prepared the proposed structure plan.

24. (6) Despite subclause (5), the Commission may decide whether or not to approve a structure plan after the period applicable under subclause (5) has expired, and the validity of the decision is not affected by the expiry.

25. (7) The Commission must give the local government and any person who prepared the proposed structure plan written notice of its decision to approve or to refuse to approve a structure plan.

29. Amendment of structure plan

26. (1) A structure plan may be amended by the Commission at the request of the local government or a person who owns land in the area covered by the plan.

27. (2) The procedures for making a structure plan set out in this Part, with any necessary changes, are to be followed in relation to an amendment to a structure plan.

28. (3) Despite subclause (2), the local government may decide not to advertise an amendment to a structure plan if, in the opinion of the local government and the Commission, the amendment is of a minor nature.

29. (4) An amendment to a structure plan does not extend the period of approval of the plan unless, at the time the amendment is approved, the Commission agrees to extend the period.

POLICY IMPLICATIONS

Local Planning Policy 5.22 – Structure Plan and Subdivision Standards.

FINANCIAL IMPLICATIONS

The financial implications of the proposed development and asset management/maintenance once the area has been developed is not considered in detail at this stage. Following the Local Structure Plan stage, the applicant is required as a part of the subdivision approval to submit detailed plans addressing drainage, road construction, landscaping, etc. These plans are reviewed by the Shire to ensure that future infrastructure that the Shire of Broome will ultimately become responsible for is developed to an adequate standard.

RISK

LSP2 will guide the future subdivision of the area, which once implemented by the developer is the Shire’s responsibility to maintain and upkeep. Furthermore, once implemented, the subdivision layout is permanent and difficult or costly to alter. Therefore it is crucial that the Shire gives adequate consideration to the proposed design, form and layout of the Structure Plan and any potential higher-level design issues are resolved at this stage.

STRATEGIC IMPLICATIONS

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

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

A built environment that reflects tropical climate design principles and

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

A preserved, historical and cultural heritage of Broome

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell Seconded: Cr M Fairborn

That Council:

1. Pursuant to Clause 17 (1) (ii)of the Deemed Provisions advises LandCorp that the following modifications/information is required to support Amendment No 1 to Local Structure Plan No 2, prior to it being accepted for assessment and advertising:

(a) Further information is required to demonstrate that the distribution of the Urban Living transect proposed in the amended Local Structure Plan No 2 meets with the objectives contained within the District Development Plan.

(b) The Local Access Street typology is to be updated to be a minimum of 18m wide road reserve and minimum 6m wide road pavement.

(c) An updated Bushfire Management Plan is provided that accounts for the future landscaping treatments within the POS/stormwater swales, removing any reference that implies that drainage swales will meet the Asset Protection Zone standard. The BAL contour map may need to be updated.

(d) The Local Structure Plan figure and supporting document is to be updated to remove the Pedestrian access way/non-trafficable road and an alternative design response is to be provided.

(e) Following a technical review of the Access and Movement Report by the Shire, any amendments identified are to be completed to the satisfaction of the Director Infrastructure.

2. Pursuant to Clause 17 (2) (c) of the Deemed Provisions, LandCorp be advised that the estimate of the fee for dealing with the application to amend the Structure Plan is $5945.

3. Subject to the receipt of updated Local Structure Plan No 2 documents prepared to the Director Development and Community’s satisfaction and payment of the fee specified in point 2 above, authorise the document to advertised pursuant to Clause 18 of the Deemed Provisions.

CARRIED UNANIMOUSLY 6/0

Attachments

1.	District Development Plan
2.	Current adopted Local Structure Plan 2
3.	LandCorp Cover Letter - Amendment to LSP2
4.	Amended LSP2 Report
5.	Technical Report - Bushfire Management Plan
6.	Technical Report - Planning Report
7.	Technical Report - Access and Movement Report (Traffic)
8.	Technical Report - Local Water Management Strategy
9.	Technical Report - Landscape Report
10.	Technical Report - Engineering Infrastructure Report
11.	Technical Report - Noise Assessment

Minutes – Ordinary Meeting of Council 25 October 2018 Page 0 of 1

With regard to Item 9.2.3 Cr P Matsumoto declared the following impartiality interest pursuant to Regulation 11 of the Local Government (Rules of Conduct) Regulations 2007 – “Native title holder and PBC Board Director”.

9.2.3 BROOME SAILING CLUB PETITION - LEASE OF PROPOSED SITE AT GANTHEAUME POINT

LOCATION/ADDRESS: Portion of Reserve 51106, Gantheaume Point

APPLICANT: Broome Sailing Club

FILE: RES51106

AUTHOR: Acting Director Development & Community

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Acting Chief Executive Officer

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 8 October 2018

SUMMARY: At the Ordinary Meeting of Council on 27 September 2018, a petition was presented requesting Council (and Yawuru) agree to a peppercorn lease at a proposed site at Gantheaume Point, to allow for a secure enclosed storage area, a club meeting and training room, freshwater washdown area and parking.

This report provides background to the petition and previous consideration of the petition by the Yawuru Park Council.

This report recommends that Council notes the petition and advise that the Shire is not in a position to support the issuing of a lease to the Sailing Club at the subject site and that alternative locations will be investigated.

BACKGROUND

Previous Considerations

Nil.

COMMENT

A copy of the petition received is provided in Attachment No 1. The petition has 602 signatures, of which 189 are confirmed electors, 179 are assumed to be residents, 24 are non-residents and 210 are illegible/incomplete. An online petition also has also been provided in Attachment No 2, which has 85 names, of which 20 are confirmed electors, 15 are assumed to be residents, 38 are non-residents and 12 are incomplete/undisclosed. The petition requests that the Shire support leasing a portion of land at Gantheaume Point to build a permanent fit-for-purpose premises which will include the ability to:

· Host a broad range of training activities;

· Offer a meeting space and event venue;

· Securely store, rig and maintain the club’s boats and equipment;

· Welcome visiting sailors and yachtsmen to stay and participate in events and tourism opportunities;

· Deliver a multifunctional space available to other groups in a unique and practical location; and

· Provide shared public amenities.

The petition outlines that the Sailing Club is in discussions with Yawuru representatives to secure access to a parcel of land at Gantheaume Point, on the beach side of the road adjacent to the beach access track. The Club is seeking a peppercorn lease and the opportunity to develop the site in partnership with the management agencies.

The land referenced is Reserve 51106 and is joint vested with the Shire of Broome and the Yawuru Registered Native Title Body Corporate (RNTBC), and forms part of the Yawuru Minyirr Buru Conservation Park. The petition was considered at the Yawuru Park Council (YPC) meeting on 5 September 2018, where the following was resolved:

That Yawuru Park Council:

1. Notes the correspondence and petition from the Broome Sailing Club (BSC), dated 14 August 2018, seeking support from Yawuru and the Shire of Broome for a ‘peppercorn’ lease over portion of Reserve 51106, for a secure enclosure for storage, a club meeting and training room, fresh water wash down area and parking (Attachment No 3).

2. Writes to the BSC advising that the Yawuru Park Council is not in a position to support the issuing of a lease at this time.

As the area of land is joint managed, consent from the YPC (which includes representatives from the Shire and Yawuru RNTBC) would be required. As set out in the resolution above, this matter has been considered and the YPC has advised that is not in a position to support the issuing of a lease.

Given the above, it is recommended that the Shire of Broome notes the petition received and advises that it is not able to support the issuing of a lease over the Gantheaume Point site. As this point, it is also considered premature to support a lease being issued to the Sailing Club at Gantheaume Point in the absence of more detailed site and servicing investigations, which may lead to the development of this location by the Club being financially unviable.

Officers have contacted the Broome Sailing Club to explain the inability to issue a lease at their preferred location at Gantheaume Point. Officers have committed to working with the Club to investigate other potential locations.

CONSULTATION

The Yawuru Park Council has considered the petition. Officers have spoken to a representative from the Sailing Club and offered to work with the Club to identify other potential sites.

STATUTORY ENVIRONMENT

Nil.

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

If the recommendation were supported there would be no financial implications to the Shire of Broome.

RISK

Nil.

STRATEGIC IMPLICATIONS

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

Affordable services and initiatives to satisfy community need

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

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

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

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

Responsible resource allocation

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell Seconded: Cr M Fairborn

That Council: :

1. Notes the petition received from the Broome Sailing Club as shown in Attachment 1 and 2.

2. Advises the Broome Sailing Club that the Shire is not in a position to support the issuing of a lease to the Club at Gantheaume Point, because:

a) the land is a reserve jointly vested with the Shire of Broome and the Yawuru Registered Native Title Body Corporate; and

b) the Yawuru Park Council has resolved at its meeting on 5 September 2018 that its not in a position to support the issuing of a lease.

3. Notes that Shire officers will work with the Broome Sailing Club to investigate other alternative locations for the positioning of the Broome Sailing Club.

CARRIED UNANIMOUSLY 6/0

Attachments

Petition (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)(b) as it contains “the personal affairs of any person”.

Web Signatures (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)(b) as it contains “the personal affairs of any person”.

Minutes – Ordinary Meeting of Council 25 October 2018 Page 0 of 1

The Chairperson advised that an error was identified in page 36 of Attachment 1 of this report where the figure of Total Cash Assets was incorrectly stated as $71.43M. The correct figure is $56.43M. This has now been corrected for the purpose of the Minutes.

9.4.2 MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT SEPTEMBER 2018

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: FRE02

AUTHOR: Coordinator Financial Services

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 30 September 2018

SUMMARY: Council is required by legislation to consider and adopt the Monthly Statement of Financial Activity Report for the period ended 30 September 2018, as required by Regulation 34(1) of the Local Government (Financial Management) Regulations 1996 (FMR).

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

BACKGROUND

Previous Considerations

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

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

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

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

COMMENT

The 2018/19 Annual Budget was adopted at the Ordinary Meeting of Council on 28 June 2018.

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

Budget Year elapsed 25.21%

Total Rates Raised Revenue 100% (of which 63.94% has been collected)

Total Other Operating Revenue 29%

Total Operating Expenditure 22%

Total Capital Revenue 6%

Total Capital Expenditure 6%

Total Sale of Assets Revenue 6%

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

Based on the 2018/19 Annual Budget presented at the Ordinary Meeting of Council on 28 June 2018, Council adopted a balanced budget to 30 June 2019.

CONSULTATION

Nil.

STATUTORY ENVIRONMENT

Local Government (Financial Management) Regulations 1996

34. Financial activity statement report — s. 6.4

(1A) In this regulation —

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

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

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

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

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

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

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

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

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

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

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

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

(a) according to nature and type classification;

(b) by program; or

(c) by business unit.

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

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

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

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

Local Government Act 1995

6.8. Expenditure from municipal fund not included in annual budget

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

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

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

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

* Absolute majority required.

(1a) In subsection (1) —

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

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

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

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

POLICY IMPLICATIONS

2.2.2 Materiality in Financial Reporting

FINANCIAL IMPLICATIONS

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

RISK

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

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

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

STRATEGIC IMPLICATIONS

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

Affordable and equitable services and infrastructure

Affordable land for residential, industrial, commercial and community use

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

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

An organisational culture that strives for service excellence

Sustainable and integrated strategic and operational plans

Responsible resource allocation

Effective community engagement

Improved systems, processes and compliance

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell Seconded: Cr M Fairborn

That Council:

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

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

CARRIED UNANIMOUSLY 6/0

Attachments

1.	Monthly Financial Statements September 2018
2.	Schedule 2
3.	Schedule 3-16

Minutes – Ordinary Meeting of Council 25 October 2018 Page 0 of 1

The Chairperson advised he had accepted the following item of Business of an Urgent Nature – Minutes of the Audit and Risk Committee Meeting 22 October 2018, which was required to be considered by Council prior to the consideration of the Annual Report.

Council Resolution:

Moved: Cr C Mitchell Seconded: Cr B Rudeforth

That the following Agenda item be brought forward for consideration before Item 9.4.4:

12.1 MINUTES OF THE AUDIT AND RISK COMMITTEE MEETING 22 OCTOBER 2018

CARRIED UNANIMOUSLY 6/0

12.1 MINUTES OF THE AUDIT AND RISK COMMITTEE MEETING 22 OCTOBER 2018

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: FRE02

AUTHOR: Manager Financial Services

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 16 October 2018

SUMMARY: This report presents to Council the minutes of the Audit and Risk Committee (the Committee) Meeting held 22 October 2018 for receipt and endorsement of the Committee’s recommendation to adopt the 2017/2018 Annual Financial Report, the Audit and Management reports and the report prepared by the Chief Executive Officer for the financial year ended 30 June 2018. Additionally, Council is requested to endorse the proposed allocation of the net operating surplus from 2017/2018.

BACKGROUND

Previous Considerations

Nil

Pursuant to Section 7.9 of the Local Government Act 1995 (LGA), an Auditor is required to examine the accounts and annual financial report submitted by a local government for audit. The Auditor is also required, by 31 December following the financial year to which the accounts and report relate, to prepare a report thereon and forward a copy of that report to:

(a) Mayor or President; and

(b) The Chief Executive Officer; and

Furthermore, in accordance with Regulation 10(4) of the Local Government (Audit) Regulations 1996 (Audit Regulations), where it is considered appropriate to do so, the Auditor may prepare a Management Report to accompany the Auditor’s Report, which is also to be forwarded to the persons specified in Section 7.9 of the LGA.

On finalisation of the Shire’s 2017/2018 final audit visit, the Auditors presented their initial findings to the Audit and Risk Committee (the Committee) for consideration at an informal briefing session held Wednesday 14 September 2018, which was attended by members of the Committee.

The signed Auditor’s Report was received dated 10 October 2018. The Committee meeting scheduled for the 16 October 2018 was adjourned due to a lack of quorum until 22 October 2018. On 22 October 2018 the Committee met to examine the reports of the Auditor after receiving a report from the Chief Executive Officer (CEO) on the matters reported and:

· Determine if any matters raised require action to be taken by the local government;

· Ensure that appropriate action is taken in respect of those matters;

· Review the reports prepared by the CEO on any actions taken in respect of any matters raised in the report of the auditor; and

· Recommend the audited financial report to Council for adoption.

A copy of the report is to be forwarded to the Minister prior to the end of the next financial year or 6 months after the last report prepared by the Auditor is received, whichever is the latest in time.

An analysis of the 2017/2018 operating result is provided in this report and how it compares to the forecasted outcomes of the Shire’s adopted Integrated Planning and Reporting Framework. As a background, the 2017/2018 Annual Financial Report discloses the results of the sixth year of implementation of the legislated Integrated Planning and Reporting Framework. The plans contained in the framework provide funding strategies to ensure Council can meet its adopted strategic objectives, while maintaining and forecasting impacts on the Shire’s future financial sustainability.

The Strategic Community Plan 2017-2027 (SCP) was adopted at the December 2016 Ordinary Meeting of Council (OMC) and the Corporate Business Plan 2018-2022 (CBP) was adopted by Council at the December 2017 OMC. A revised 2018-2033 Long Term Financial Plan (LTFP) was also received by Council at the December 2017 OMC and adopted at the June 2018 OMC. The Shire’s LTFP was reviewed in November 2017 to support the review of the SCP and CBP. These plans informed the 2018/2019 annual budget process.

The Shire’s Infrastructure Asset Management Plan (AMP) was finalised and presented to Council at the December 2017 OMC and informed the 2018/2019 annual budget process. The AMP is being reviewed continuously as part of the mandated integrated planning framework review to inform the 2019/2020 annual budget process.

Council is requested to adopt the annual financial report to Council.

COMMENT

Chief Executive Officer’s Report

Following is the CEO’s report to Council on matters arising from the audit and management reports.

Audit Report

There were no matters of statutory non-compliance reported.

Management Report

The Auditor’s Management Report provides an overview of the approach undertaken in respect of the annual audit process and the associated outcomes of the audit. The Management Report also identifies any findings that, whilst generally not material in relation to the overall audit of the financial report, are considered relevant to the day to day operations of the Shire.

1. Matters Identified

There were no issues identified.

The Auditor once again provided comment on the Shire’s ratios similar to that in 2016/17, in particular the Asset Sustainability Ratio and the impact of the revaluation of infrastructure assets conducted during the year ended 30 June 2015 on depreciation recognised as at 30 June 2018. The Auditor noted that this ratio has declined in the current year compared to 2016/17 and is still below the five year Regional and State average.

The concerns relating to the condition assessment and remaining useful life which contributed to the higher level of depreciation have been addressed in the revised Asset Management Plan presented to Council in December 2017. Information produced during the Asset Management Plan review was incorporated in the fair value valuation on infrastructure assets at 30 June 2018, with the effects expected to be realised in the 2018/2019 financial year.

The Auditor’s comments on ratios were discussed informally during the final audit visit but were not mentioned in the Management Report, as appended to the 2017/2018 Annual Financial Report in Attachment 2 of the Minutes of Audit and Risk Committee.

2. Audit Adjustments

Following the presentation of the draft 2017/2018 Financial Report to the Auditor, there were no amendments required to be actioned.

3. Other Matters

There were no identified matters of fraud to report and there were no disagreements with management about significant accounting matters.

2017/2018 Operating Result

The financial year ended 30 June 2018 resulted in the following carried forward operating surplus:

$3,763,180 Budgeted 2017/2018 operating surplus (as per 2018/2019 adopted annual budget)

$4,346,500 Actual 2017/2018 operating surplus at the completion of year end processing

The surplus amounts above are exclusive of non-cash transactions such as depreciation, profit or loss on plant disposal and the effects of asset revaluation gains or losses.

The 2017/2018 Annual Budget adopted at the June 2018 OMC, included an estimated brought forward operating surplus of $3,763,180 from 2017/2018. This comprised the following:

· $1,599,708 Financial Assistance Grants estimated to be received in advance; and

· $2,163,472 estimated surpluses from operating and capital projects that were anticipated to be incomplete prior to the close of the financial year as detailed in Attachment 3 of the Minutes of Audit and Risk Committee.

The above figures were calculated prior to the close of financial year processing. At the completion of the year ended 30 June 2018, the actual brought forward surplus has been adjusted to the final confirmed amount of $4,346,500 which comprised as follows:

· $1,438,384 actual amount of Financial Assistance Grants received in advance;

· $2,188,000 confirmed amount of carryover projects previously estimated at the time of budget adoption;

· $574,538 of net deficit (a deduction from the surplus) pertaining to additional carryover projects not anticipated at the time of budget preparation but remained incomplete by close of financial year. Income yet to be realised exceeded the expenditure committed prior to 30 June 2018 and therefore a deficit; and

· $1,294,654 of remaining surplus available for further allocation. Factors contributing to this non-carryover surplus included but were not limited to the following:

· $117K savings in salaries after deducting relief staff costs;

· $116K savings in utilities, mainly water costs across parks and $10K for phone costs;

· $117K increased interest earnings from bank deposits and unpaid rates;

· $86K increased BRAC Aquatic income being operational for full year;

· $225K of unexpected Civic Centre grant;

· $15K savings in legal fees mainly from Property Department; and

· $263K of savings in materials and contracts of around 540 accounts averaging less than $500 each.

It is proposed that $134,210 of the $1,294,654 unallocated surplus funds be utilised for those activities listed in Attachment 5 of the Minutes of Audit and Risk Committee which included $120,000 for the power upgrade at Town Beach as part of the Town Beach Redevelopment Project and $14,210 to return unspent funds to Landcorp from the 5-year Broome North Community Sponsorship Programme that were closed to retained surplus in prior years.

After deducting the $134,210 surplus proposed above, there remains $1,160,444 which the Officers recommend be transferred to reserves as follows:

· $900,444 to the Public Open Space Reserve to minimise the budgetary risk of the Town Beach Redevelopment Project; and

· $260,000 to the Building Reserve to replenish the reserve balance.

A summary of the recommended surplus allocation is as follows:

SUMMARY OF 2017/2018 Surplus
2017/2018 TOTAL REPORTED SURPLUS	4,346,500
Carry over FAGS grants received in advance	1,438,384
Carry over as per adopted budgeted (Adjusted for final 2017/2018 actuals) - Attachment 3 of the Minutes of Audit and Risk Committee	2,188,000
Additional carry over not anticipated at the time of budget adoption - Attachment 4 of the Minutes of Audit and Risk Committee	(574,538)
*Less: Sub-total specified carryover*	3,051,846
Equals: Total Unallocated Surplus	1,294,654
Less: Recommended use of surplus funds for specific projects or operational requirements - Attachment 5 of the Minutes of Audit and Risk Committee	134,210
Equals: Remaining Surplus	1,160,444
*RECOMMENDED ALLOCATION OF SURPLUS FUNDS*
Public Open Space Reserve	900,444
Building Reserve	260,000

Revaluation of Shire Assets (Fair Value)

In accordance with regulation 17A of the Local Government (Financial Management) Regulations 1996, (FMR) the Shire must value all assets at fair value and revalue all assets every 3 years. Fair value requirements came into effect in the year ended 30 June 2013. The Shire is now in the third round of fair value revaluations with the three-year cycle recommencing in the 2015/2016 financial year. On 26 June 2018, the FMR was amended which changed the requirement to conduct annual revaluations between 3 and 5 years from the last revaluation or when there is an indication of change in value of the assets.

In 2017/2018 the Shire’s Other Infrastructure assets were revalued. The revaluation resulted in a total decrement of $20.8M which was offset against the asset revaluation reserves for each asset category.

The details of the $20.8M decrement can be analysed as follows:

Asset Class	Net Adjustment
1. Drainage	-$6,686,809.21
2. Other Infrastructure	$1,831,836.56
3. Recreation Area Infrastructure	$8,014,788.15
4. Carparks, Footpaths & Other Transport Infrastructure	$8,261,254.21
5. Sealed Roads	-$43,776,092.18
6. Unsealed Roads	$11,525,057.72

TOTALS	-$20,829,964.76

ADJUSTMENTS TO PRIOR YEARS ANNUAL REPORTS

There were no adjustments required to prior year reports.

CONSULTATION

Nil

STATUTORY ENVIRONMENT

Local Government Act 1995

5.53. Annual reports

(1) The local government is to prepare an annual report for each financial year.

(2) The annual report is to contain —

(a) a report from the mayor or president; and

(b) a report from the CEO; and

[(c), (d) deleted]

(e) an overview of the plan for the future of the district made in accordance with section 5.56, including major initiatives that are proposed to commence or to continue in the next financial year; and

(f) the financial report for the financial year; and

(g) such information as may be prescribed in relation to the payments made to employees; and

(h) the auditor’s report prepared under section 7.9(1) or 7.12AD(1) for the financial year; and

(ha) a matter on which a report must be made under section 29(2) of the Disability Services Act 1993 ; and

(hb) details of entries made under section 5.121 during the financial year in the register of complaints, including —

(i) the number of complaints recorded in the register of complaints;

(ii) how the recorded complaints were dealt with; and

(iii) any other details that the regulations may require;

and

(i) such other information as may be prescribed.

[Section 5.53 amended by No. 44 of 1999 s. 28(3); No. 49 of 2004 s. 42(4) and (5); No. 1 of 2007 s. 6; No. 5 of 2017 s. 7(1).]

5.54. Acceptance of annual reports

(1) Subject to subsection (2), the annual report for a financial year is to be accepted* by the local government no later than 31 December after that financial year.

* Absolute majority required.

(2) If the auditor’s report is not available in time for the annual report for a financial year to be accepted by 31 December after that financial year, the annual report is to be accepted by the local government no later than 2 months after the auditor’s report becomes available.

6.4. Financial report

(1) A local government is to prepare an annual financial report for the preceding financial year and such other financial reports as are prescribed.

(2) The financial report is to —

(a) be prepared and presented in the manner and form prescribed; and

(b) contain the prescribed information.

(3) By 30 September following each financial year or such extended time as the Minister allows, a local government is to submit to its auditor —

(a) the accounts of the local government, balanced up to the last day of the preceding financial year; and

(b) the annual financial report of the local government for the preceding financial year.

7.9. Audit to be conducted

(1) An auditor is required to examine the accounts and annual financial report submitted for audit and, by the 31 December next following the financial year to which the accounts and report relate or such later date as may be prescribed, to prepare a report thereon and forward a copy of that report to —

(a) the mayor or president; and

(b) the CEO of the local government; and

(c) the Minister.

(2) Without limiting the generality of subsection (1), where the auditor considers that —

(a) there is any error or deficiency in an account or financial report submitted for audit; or

(b) any money paid from, or due to, any fund or account of a local government has been or may have been misapplied to purposes not authorised by law; or

(c) there is a matter arising from the examination of the accounts and annual financial report that needs to be addressed by the local government, details of that error, deficiency, misapplication or matter, are to be included in the report by the auditor.

(3) The Minister may direct the auditor of a local government to examine a particular aspect of the accounts and the annual financial report submitted for audit by that local government and to —

(a) prepare a report thereon; and

(b) forward a copy of that report to the Minister,

and that direction has effect according to its terms.

(4) If the Minister considers it appropriate to do so, the Minister is to forward a copy of the report referred to in subsection (3), or part of that report, to the CEO of the local government to be dealt with under section 7.12A.

7.12A. Duties of local government with respect to audits

(1) A local government is to do everything in its power to —

(a) assist the auditor of the local government to conduct an audit and carry out the auditor’s other duties under this Act in respect of the local government; and

(b) ensure that audits are conducted successfully and expeditiously.

(2) Without limiting the generality of subsection (1), a local government is to meet with the auditor of the local government at least once in every year.

(3) A local government must —

(aa) examine an audit report received by the local government; and

(a) determine if any matters raised by the audit report, require action to be taken by the local government; and

(b) ensure that appropriate action is taken in respect of those matters.

(4) A local government must —

(a) prepare a report addressing any matters identified as significant by the auditor in the audit report, and stating what action the local government has taken or intends to take with respect to each of those matters; and

(b) give a copy of that report to the Minister within 3 months after the audit report is received by the local government.

(5) Within 14 days after a local government gives a report to the Minister under subsection (4)(b), the CEO must publish a copy of the report on the local government’s official website.

Local Government (Audit) Regulations 1996

10. Report by auditor

(4) Where it is considered by the auditor to be appropriate to do so, the auditor is to prepare a management report to accompany the auditor’s report and to forward a copy of the management report to the persons specified in section 7.9(1) with the auditor’s report.

Local Government (Financial Management) Regulations 1996

17A Assets, valuation of for financial reports etc.

(1) In this regulation —

fair value, in relation to an asset, means the fair value of the asset measured in accordance with the AAS.

(2) Subject to subregulation (3), the value of an asset shown in a local government’s financial reports must be the fair value of the asset.

(3) A local government must show in each financial report —

(a) for the financial year ending on 30 June 2013, the fair value of all of the assets of the local government that are plant and equipment; and

(b) for the financial year ending on 30 June 2014, the fair value of all of the assets of the local government —

30. (i) that are plant and equipment; and

31. (ii) that are —

32. (I) land and buildings; or

33. (II) infrastructure;

and

(c) for a financial year ending on or after 30 June 2015, the fair value of all of the assets of the local government.

(4) A local government must revalue all assets of the local government of the classes specified in column 1 of the Table to this subregulation —

(a) by the day specified in column 2 of the Table; and

(b) by the expiry of each 3 yearly interval after that day.

Table

Class of asset	Day
Plant and equipment	30 June 2016
Land, buildings and infrastructure for which the fair value was shown in the local government’s annual financial report for the financial year ending on 30 June 2014	30 June 2017
All other classes of asset	30 June 2018

(5) A revaluation under subregulation (4) must be based on the value of the asset as at a time that is as close as possible to the day by which the revaluation is due.

POLICY IMPLICATIONS

2.2.2 - Materiality in Financial Reporting

2.2.7 - Significant Accounting Policies

FINANCIAL IMPLICATIONS

In terms of materiality, the unallocated surplus amount of $1,294,654 (surplus excluding FAGS grants in advance and the committed expenditure of Attachment 3 and 4 of the Minutes of Audit and Risk Committee) represents a variance of 3.42% compared to original budgeted operating revenue for 2017/2018 of $37,771,021 (excluding non-operating grants and contributions for assets and profit on sale of assets) (2016/17 - 4.04%). This is 2.42% over the adopted threshold of 1% ($377,710) as per Policy 2.2.2 Materiality in Financial Reporting.

RISK

The audited Annual Financial Report is a key control measure used to report to Council and its stakeholders to provide assurance that all systems, processes and controls have been established by the CEO to minimise the risk of any material misstatement or loss caused by fraud or error. The audit findings indicate areas requiring improvement and management have implemented measures to review processes. The report measures Council’s financial capacity to achieve its adopted strategic and operational objectives. A material variance indicates areas requiring investigation such as budget estimation/formulation, workforce management and Council’s overall resource capacity to achieve its strategic objectives.

Council’s adoption of the Annual Financial Report, Audit and Management Report and CEO’s report is a key statutory compliance matter. Should this not be recommended for adoption, a delay in Council’s adoption of the 2017/2018 Annual Report to be presented at the October 2018 OMC will result and will impact Council’s ability to schedule the Annual Electors Meeting (AEM) in December as planned. This poses a high risk due to the possibility of occurring and the impact of a significant delay to major deliverables.

In regard to the proposed allocation of the 2017/2018 surplus, should Council make alternative recommendations, the long term financial impacts of such should be analysed to ensure there are no adverse impacts to Council’s future financial sustainability and should be in line with the LTFP. In line with Council’s risk ratings, the risk is assessed as extreme where the financial impact is greater than $150,000 and the likelihood of this occurring is possible. To mitigate these risks, the report recommendations should be adopted.

STRATEGIC IMPLICATIONS

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

Encourage communication.

Identify affordable services and initiatives to satisfy community needs.

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

Encourage the provision of affordable land for residential, industrial, commercial and community use.

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

Develop an organisational culture that strives for service excellence.

Review and analyse strategic and operational plans.

Manage resource allocation.

Manage staff attraction and retention.

Improve systems, processes and compliance.

VOTING REQUIREMENTS

Absolute Majority

Council Resolution:

(COMMITTEE Recommendation)

Moved: Cr C Mitchell Seconded: Cr M Fairborn

That Council:

1. Notes the minutes of the Audit and Risk Committee meeting dated 22 October 2018.

2. Receives the Chief Executive Officer’s report relating to the audit.

3. Receives the Audit Report and Audit Management Report dated 10 October 2018 as per Attachment 2 of the Minutes of Audit and Risk Committee meeting.

4. Adopts the Audited Annual Financial Report for the year ended 30 June 2018 as per Attachment 1 of the Minutes of Audit and Risk Committee meeting.

4. Allocates the net operating surplus from the 2017/2018 financial year as per Attachments 3, 4 and 5 of the Minutes of Audit and Risk Committee meeting with the balance of $1,160,444 to be transferred to reserves as follows:

a) Public Open Space Reserve $900,444

b) Building Reserve $260,000

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 6/0

The Chairperson acknowledged the efforts of the Shire’s finance staff and congratulated the staff on another successful Audit Report, Audit Management Report and Audited Annual Financial Report for 2017/18.

Attachments

1.	Minutes of the Audit and Risk Committee Meeting 22 October 2018

Minutes – Ordinary Meeting of Council 25 October 2018 Page 0 of 1

9.4.4 ANNUAL REPORT 2017/2018

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: ADM42

AUTHOR: Manager Governance

CONTRIBUTOR/S: Media and Promotions Officer

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 3 October 2018

SUMMARY: This report recommends that Council accepts the Draft 2017/2018 Annual Report and considers a date for convening the Annual Electors Meeting.

BACKGROUND

Previous Considerations

Nil.

COMMENT

Section 5.53(1) of the Local Government Act 1995 (LGA) requires local governments to prepare an Annual Report for each financial year. The report summarises the year’s highlights and achievements, and includes major initiatives that are proposed to commence or to continue in the next financial year.

Section 5.53(2) of the LGA specifies that the content of the Annual Report is to contain:

· a report from the mayor or president;

· a report from the CEO;

· an overview of the plan for the future of the district made in accordance with section 5.56, including major initiatives that are proposed to commence or to continue in the next financial year;

· the financial report for the financial year;

· such information as may be prescribed in relation to the payments made to employees;

· the auditor’s report prepared under section 7.9(1) or 7.12AD(1) for the financial year;

· a matter on which a report must be made under section 29(2) of the Disability Services Act 1993;

· details of entries made under section 5.121 during the financial year in the register of complaints, including —

(i) the number of complaints recorded in the register of complaints; and

(ii) how the recorded complaints were dealt with; and

(iii) any other details that the regulations may require;

and

· such other information as may be prescribed.

In addition, the State Records Commission Standard 2 requires certain information to be included in the Annual Report.

Section 5.54(1) of the LGA requires the Annual Report for a financial year to be accepted by absolute majority no later than 31 December after the reported financial year.

Section 5.27 (2) of the LGA requires the Annual Electors meeting to be held within 56 days of the Annual Report for the previous financial year being accepted by Council. Should Council accept the draft Annual Report, an Annual Electors Meeting is required to be held no later than 20 December 2018. This report recommends the Annual Electors Meeting is held Thursday 13 December 2018 commencing at 4.00pm which is prior to the December Ordinary Meeting of Council.

The attached Annual Report 2017/2018 is in draft format. Following acceptance by Council, arrangements will be made for the final production of the report for availability prior to the Annual Electors Meeting. A copy will also be available on the Shire’s website.

The 2017/2018 Annual Financial Report was considered by the Audit and Risk Committee, with the outcome contained in a separate agenda item.

CONSULTATION

Consultation on the Annual Report will be undertaken through the presentation of the Report to the Annual General Meeting of Electors.

STATUTORY ENVIRONMENT

Local Government Act 1995

Division 5 – Annual reports and planning

5.53. Annual reports

(1) The local government is to prepare an annual report for each financial year.

(2) The annual report is to contain —

(a) a report from the mayor or president; and

(b) a report from the CEO; and

[(c), (d) deleted]

(f) the financial report for the financial year; and

(g) such information as may be prescribed in relation to the payments made to employees; and

(h) the auditor’s report prepared under section 7.9(1) or 7.12AD(1) for the financial year; and

(ha) a matter on which a report must be made under section 29(2) of the Disability Services Act 1993; and

(hb) details of entries made under section 5.121 during the financial year in the register of complaints, including —

(i) the number of complaints recorded in the register of complaints; and

(ii) how the recorded complaints were dealt with; and

(iii) any other details that the regulations may require;

and

(i) such other information as may be prescribed.

[Section 5.53 amended by No. 44 of 1999 s. 28(3); No. 49 of 2004 s. 42(4) and (5); No. 1 of 2007 s. 6; No. 5 of 2017 s. 7(1).]

5.54 Acceptance of annual reports

(1) Subject to subsection (2), the annual report for a financial year is to be accepted* by the local government no later than 31 December after that financial year.

*Absolute majority required.

5.55 Notice of annual reports

The CEO is to give local public notice of the availability of the annual report as soon as practicable after the report has been accepted by the local government.

5.55A. Publication of annual reports

The CEO is to publish the annual report on the local government’s official website within 14 days after the report has been accepted by the local government.

[Section 5.55A inserted by No. 5 of 2017 s. 8.]

5.56 Planning for the future

(1) A local government is to plan for the future of the district.

(2) A local government is to ensure that plans made under subsection (1) are in accordance with any regulations made about planning for the future of the district.

Division 2 – Council meetings, committees and their meetings and elector’s meetings

Subdivision 4 – Electors’ meetings

5.27 Electors’ general meetings

(1) A general meeting of the electors of a district is to be held once every financial year.

(2) A general meeting is to be held on a day selected by the local government but not more than 56 days after the local government accepts the annual report for the previous financial year.

(3) The matters to be discussed at general electors’ meetings are to be those prescribed.

5.29. Convening electors’ meetings

(1) The CEO is to convene an electors’ meeting by giving -

(a) at least 14 days’ local public notice; and

(b) each council member at least 14 days’ notice,

of the date, time, place and purpose of the meeting.

(2) The local public notice referred to in subsection (1)(a) is to be treated as having commenced at the time of publication of the notice under section 1.7(1)(a) and is to continue by way of exhibition under section 1.7(1)(b) and (c) until the meeting has been held.

Disability Services Act 1993

29. Report about disability access and inclusion plan

(2) A local government or regional local government that has a disability access and inclusion plan must include in its annual report prepared under section 5.53 of the Local Government Act 1995 a report about the implementation of the plan.

State Records Commission Standard 2 – Record keeping Plans

Principle 6 – Compliance

Government organisations ensure their employees comply with the recordkeeping plan.

Rationale

An organisation and its employees must comply with the organisations recordkeeping plan.

Organisations should develop and implement strategies for ensuring that each employee is aware of the compliance responsibilities.

Minimum Compliance Requirements

The recordkeeping plan is to provide evidence to adduce that:

1. The efficiency and effectiveness of the organisation’s recordkeeping systems is evaluated not less than once every 5 years.

2. The organisation conducts a recordkeeping training program.

3. The efficiency and effectiveness of the recordkeeping training program is reviewed from time to time.

4. The organisation’s induction program addresses employee roles and responsibilities in regard to their compliance with the organisation’s recordkeeping plan.

5. The organisation includes within its annual report an appropriate section that addresses points 1-4.

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

The contents of the Annual Report have been prepared internally by officers, with the final design and layout being undertaken by Market Creations – estimated cost $1,430 – GL 142233.

The estimated cost for advertising in the Broome Advertiser is $350 - GL 142100.

RISK

The LGA requires that each local government prepares and accepts an annual report for each financial year by no later than 31 December after that financial year.

The risk is Extreme if this date is not met as it results in non-compliance with the legislative requirements of the LGA, and loss of reputation with the Department of Local Government, Sport and Cultural Industries. The likelihood of this occurring is rare as the 2017/2018 Annual Report has been prepared and is being presented to Council well in advance of 31 December.

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:

Improved systems, processes and compliance

VOTING REQUIREMENTS

Absolute Majority

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell Seconded: Cr M Fairborn

That Council:

1. Pursuant to section 5.54(1) of the Local Government Act 1995 accepts the Shire of Broome Annual Report for the 2017/2018 financial year as contained in Attachment 1.

2. Pursuant to section 5.27 of the Local Government Act 1995 convenes an Annual Electors Meeting to be held on Thursday 13 December 2018 commencing at 4.00pm in the Council Chambers.

3. Notes that in accordance with sections 5.29, 5.55 and 5.55A of the Local Government Act 1995, that the Chief Executive Officer will:

(a) provide local public notice of the Annual Electors Meeting to be held on Thursday 13 December 2018, and of the availability of the Shire of Broome’s Annual Report for 2017/2018.

(b) publish the Annual Report for 2017/2018 on the Shire’s website within 14 days.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 6/0

Attachments

1.	2017/2018 Annual Report

Minutes – Ordinary Meeting of Council 25 October 2018 Page 0 of 1

10.1 YAWURU PARK COUNCIL MEETING MINUTES 5 SEPTEMBER 2018

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: NAT55.1, NAT55.3

AUTHOR: Land Tenure Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Acting Director Development & Community

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 7 September 2018

SUMMARY: This report presents Council with a progress report for the Yawuru Park Council (YPC), comprising the draft Minutes and associated recommendations of the YPC meeting held on 5 September 2018 and seeks Council’s endorsement of the Guniyan Binba (Northern Intertidal Zone) Conservation Park Management Plan for public comment following the Minister for Environment’s approval.

BACKGROUND

Previous Considerations

OMC 15 March 2012 Item 9.2.5

SMC 29 May 2013 Item 9.2.1

OMC 27 November 2014 Item 10.2

OMC 25 June 2015 Item 10.4

OMC 26 November 2015 Item 9.2.4

OMC 28 July 2016 Item 10.2

OMC 25 August 2016 Item 10.1

OMC 15 December 2016 Item 10.1

OMC 27 April 2017 Item 10.1

OMC 28 September 2017 Item 10.1

OMC 22 February 2018 Item 10.3

OMC 28 June 2018 Item 10.1

The Yawuru Park Council (YPC) has been formed in accordance with the 2 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 Biodiversity, Conservation and Attractions (DBCA) and Shire of Broome representatives. Through the YPC, these 3 organisations are responsible for jointly managing land within the Yawuru Conservation Estate in accordance with the ILUAs.

The following table outlines the 4 land/sea management areas within the Conservation Estate, including the bodies with direct management responsibility for each area:

Conservation Estate Area	Management responsibility
Minyirr Buru (Townsite Areas)	Yawuru and the Shire
Guniyan Binba (located approximately 600 metres north of the rocks at Cable Beach) (Cable Beach Intertidal Zone)	Yawuru, the Shire and DBCA
Birragun (Out of town Areas)	Yawuru and DBCA
Nagulagun (Marine Park Areas)	Yawuru and DBCA

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, Rosemary Coffin, Ben Dolby and Darren Puertollano.

Shire Representatives: Cr Harold Tracey, Sam Mastrolembo and Aletta Nugent

Shire Proxies: Cr Warren Fryer (proxy for Cr Harold Tracey), Coordinator Strategic Planning (proxy for Aletta Nugent) and Land Tenure Officer (proxy for Sam Mastrolembo)

DBCA Representatives: Alan Byrne, Darren Stevens and Daniel Balint.

DBCA Proxies: Anthony Richardson, Craig Olejnik and Luke Puertollano

The Joint Management Agreement and Assistant Agreement form part of the ILUAs. In accordance with section 9.3 of the Management Agreement, the Parties (Yawuru RNTBC, DBCA and Shire of Broome) must ensure their Representative Members and proxies are available and authorised to carry out their functions as set out in the Joint Management Agreement and the Terms of Reference. Therefore, Minutes are for Council’s noting.

YPC minutes were last presented to Council for noting at the Ordinary Meeting of Council (OMC) on 28 June 2018 which included minutes for the YPC meeting held on 23 May 2018. Since the OMC on 28 June 2018, the YPC met on 5 September 2018.

COMMENT

YPC Meeting on 5 September 2018

The agenda and minutes of the YPC meeting held on 5 September 2018 are attached (Attachments 1 and 2). At the meeting, the YPC considered the following items:

4. Townsite Areas (Minyirr Buru) (Yawuru & Shire)

4.1 Broome Sailing Club Petition – Seeking Support for ‘Peppercorn’ Lease over a portion of Reserve 51106

REPORT RECOMMENDATION:

That Yawuru Park Council:

1. Notes the correspondence and petition from the Broome Sailing Club (BSC), dated 14 August 2018, seeking support from Yawuru and the Shire of Broome for a ‘peppercorn’ lease over a portion of Reserve 51106, for a secure enclosure for storage, a club meeting and training room, fresh water wash down area and parking (Attachment 3).

2. Writes to the BSC advising that the Yawuru Park Council is not in a position to support the issuing of a lease at this time.

Moved: Harold Tracey Seconded: Ben Dolby

In August 2018, the Shire of Broome received correspondence and a petition from the Broome Sailing Club (BSC) seeking the Shire’s and Yawuru’s support for a ‘peppercorn’ lease over a portion of Reserve 51106.

The petition was subsequently presented to Council at the September 2018 Ordinary Meeting of Council. Shire officers have also contacted the BSC and initiated discussions regarding a suitable alternate location for proposed club facilities.

Earlier in 2018, the BSC separately contacted Nyamba Buru Yawuru Ltd (NBY) and Shire officers regarding the proposed club facilities at Gantheaume Point and advised that NBY were undertaking their own feasibility study for a tourism concept over the area in question. As such, the following Yawuru Prescribed Body Corporate Board resolution from 2014 stands for the time being:

The proponent to be advised that Yawuru is not in a position to make a decision and may discuss at a future date when Yawuru have completed further land planning preparations.

The most recent correspondence from the BSC dated 14 August 2018 and seeking the Shire’s support by means of a ‘peppercorn’ lease at the proposed site, indicated that the BSC are already in discussions with Yawuru representatives and that Yawuru were considering BSC’s proposal for inclusion in the concept plan for the precinct.

The agenda paper sought the YPC’s position on the BSC’s proposed ‘peppercorn’ lease of a portion of Reserve 51106 for a secure enclosure for storage, a club meeting and training room, fresh water wash down area and parking.

4.2 Encroachment of Golf Club existing access track into Reserve 51304 (Conservation Estate)

REPORT RECOMMENDATION:

That Yawuru Park Council:

1. Acknowledge the Broome Golf Club’s existing access track encroaches into Reserve 51304 and that no objections are raised to the continued use of the access track in the redevelopment of the site, should an alternative access track not be possible.

2. Should alternate access track not be possible, the future act will be addressed in accordance with the Native Title Act 1993.

Moved: Harold Tracey Seconded: Daniel Balint

The existing access track to the Broome Golf Club Clubhouse facilities encroaches into Reserve 51304, a Class A Reserve for the purpose of ‘conservation, recreation, traditional customary aboriginal use and enjoyment’ with Joint Management Orders to the Yawuru Native Title Holders Aboriginal Corporation RNTBC and the Shire of Broome.

To facilitate the excision of a portion of Reserve 51304 for amalgamation into adjoining Reserve 33592 (Golf Club and Premises), a future act in accordance with the Native Title Act 1993 would be required to address the native title rights and interests. To proceed, written consent from Yawuru is required to the inclusion of the proposed excision into the Yawuru Omnibus ILUA or Stream 2 ILUA.

In July 2018, the Broome Golf Club received a grant of $5.1 million under the Building Better Regions Fund – Infrastructure Projects stream. The grant will be used to help redevelop the club house facilities and establish a restaurant/café to provide more attractive amenities and increase patronage of the club.

Prior to works commencing, the Broome Golf Club will be required to lodge a Development Application with the Shire of Broome for approval. It is intended that the access track be realigned so it does not encroach into Reserve 51304, however further design work is required to confirm this can occur.

This agenda paper sought the Yawuru Park Council’s acknowledgement of the existing access track encroachment into Reserve 51304 and requests that no objections are registered to the continued use for access to the proposed development on Reserve 33592, should an alternative access track not be possible.

5. Northern Intertidal Zone (Guniyan Binba) (Yawuru, DBCA & Shire)

5.1 Guniyan Binba Conservation Park Management Plan

REPORT RECOMMENDATION:

That Yawuru Park Council:

1. Endorse the Guniyan Binba Conservation Park Management Plan and approve release for public comment.

Moved: Harold Tracey Seconded: Luke Puertollano

The Guniyan Binba (Northern Intertidal Zone) Management Plan has been finalised (see Attachment 3). This plan was presented to Council at a workshop in November 2017.

In September 2014, it was agreed by the DBCA, Shire of Broome and Yawuru Park Council that components of the Yawuru Birragun Conservation Park Draft Management Plan 2015 that applied to the Northern Intertidal Area should be extracted and developed into a stand-alone plan (refer to Item 9.2.1 presented to the Ordinary Meeting of Council on 29 May 2013).

The Guniyan Binba Conservation Park Management Plan has been under development since 30 January 2015. The plan has been prepared in accordance with Part V Division 1 of the Conservation and Land Management Act 1984 (CALM Act) and the Joint Management Agreement. The plan has been developed through collaboration of all the joint management parties and has been informed by the Yawuru Cultural Management Plan. It will guide management of the Guniyan Binba Conservation Park for 10 years from the date of gazettal, or until it is replaced with a new plan. The plan may be amended if necessary in accordance with section 61 of the CALM Act, following a decision of the YPC.

This agenda item sought the YPC’s endorsement of the Guniyan Binba Conservation Park Management Plan and release for public comment. The public comment will occur once the Minister for Environment has approved for release.

CONSULTATION

The YPC comprises representatives from Yawuru, the Shire and DBCA, working collaboratively to manage the Yawuru Conservation Estate.

STATUTORY ENVIRONMENT

Local Government Act 1995

5.23 Meetings generally open to public

(1) Subject to subsection (2), the following are to be open to members of the public -

(a) all council meetings; and

(b) all meetings of any committee to which a local government power or duty has been delegated.

(2) If a meeting is being held by a council or by a committee referred to in subsection (1)(b), the council or committee may close to members of the public the meeting, or part of the meeting, if the meeting or the part of the meeting deals with any of the following —

(a) a matter affecting an employee or employees; and

(b) the personal affairs of any person; and

(c) a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting; and

(d) legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting; and

(e) a matter that if disclosed, would reveal —

(i) a trade secret; or

(ii) information that has a commercial value to a person; or

(iii) information about the business, professional, commercial or financial affairs of a person,

where the trade secret or information is held by, or is about, a person other than the local government; and

(f) a matter that if disclosed, could be reasonably expected to —

(i) impair the effectiveness of any lawful method or procedure for preventing, detecting, investigating or dealing with any contravention or possible contravention of the law; or

(ii) endanger the security of the local government’s property; or

(iii) prejudice the maintenance or enforcement of a lawful measure for protecting public safety;

and

(g) information which is the subject of a direction given under section 23(1a) of the Parliamentary Commissioner Act 1971 ; and

(h) such other matters as may be prescribed.

(3) A decision to close a meeting or part of a meeting and the reason for the decision are to be recorded in the minutes of the meeting.

POLICY IMPLICATIONS

3.1.3 Yawuru Park Council Representation

FINANCIAL IMPLICATIONS

Nil.

RISK

Nil.

STRATEGIC IMPLICATIONS

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

Effective communication

Accessible and safe community spaces

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

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:

Sustainable and integrated strategic and operational plans

Responsible resource allocation

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr M Fairborn Seconded: Cr W Fryer

That Council:

1. Notes the minutes of the Yawuru Park Council meeting held on 3 September 2018.

2. Endorses the Guniyan Binba Conservation Park Management Plan in Attachment 3 for public comment following approval from the Minister for Environment.

CARRIED UNANIMOUSLY 6/0

Attachments

YPC Agenda and Agenda Items for meeting on 5 September 2018 (Confidential to Councillors and Directors Only)

This attachment is confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)(b) as it contains “the personal affairs of any person”.

Draft Minutes of Meeting held on 5 September 2018

Guniyan Binba Conservation Park Management Plan (Confidential to Councillors and Directors Only)

This attachment is confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)(h) as it contains “such other matters as may be prescribed”.

Minutes – Ordinary Meeting of Council 25 October 2018 Page 0 of 1

The Chairperson advised he had accepted the following item of Urgent Business.

12.2 CONTRACT VARIATIONS FOR REQUESTS FOR QUOTE 18/60, 18/61, 18/62 AND 18/64

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: RFQ18-60, RFQ18-61, RFQ18-62 and RFQ18-64

AUTHOR: Asset Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Infrastructure

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 25 October 2018

SUMMARY: Initial cost estimates for the supply and cartage of gravel were undertaken on 9 July 2018 for road restoration works associated with West Australian National Disaster Relief and Recovery Arrangements (WANDRRA) event AGRN793. These estimates were determined to be insufficient, and therefore approval was sought from Main Roads Western Australia (MRWA) for a variation to the approved National Disaster Relief and Recovery Arrangements (NDRRA) cost estimate for works. This has subsequently been approved and officers are therefore seeking Council’s approval of variations relating to the WANDRRA contracts.

BACKGROUND

Previous Considerations

OMC 22 March 2018 Item 12.2

OMC 31 May 2018 Item 9.4.6

OMC 28 June 2018 Item 12.1

OMC 26 July 2018 Item 9.1.1

OMC 30 August 2018 Item 9.4.4

Following approval from the Office of Emergency Management (OEM) at the OMC on 31 May 2018 Council awarded a contract to Talis Consultants for the project management of the WANDRRA restoration works under RFQ 18/44. Talis developed the scope of works and restoration methodology to allow for the initial cost estimate to be developed. Costs associated with this consultancy are recoverable through WANDRRA.

On 9 July 2018, the NDRRA cost estimate and Essential Public Assets approval form prepared by Talis Consultants for Event AGRN 793 was approved by MRWA to the value of $3,038,495.68. Quotes were sought for the restoration works associated with event AGRN793 through RFQ 18/60, RFQ 18/61, RFQ 18/62 and RFQ 18/64.

The phasing of these works was awarded as follows:

· OMC 28 June 2018: Council resolved to award RFQ 18/60 WANDRRA Restoration Works Phase 1 to McCorry Brown Earthmoving (maximum contract value $650,000 exc GST),

· OMC 26 July 2018: Council resolved to award RFQ 18/61 WANDRRA Restoration Works Phase 2 to McCorry Brown Earthmoving (maximum contract value $600,000 exc GST) and

· to award RFQ 18/62 WANDRRA Restoration Works Phase 3 to Roadline Civil Contractors (maximum contract value $1,450,000 exc GST); and

· OMC 30 August 2018: Council resolved to award RFQ 18/64 WANDRRA Restoration Works Phase 4 to McCorry Brown Earthmoving (maximum contract value $650,000 exc GST)

A portion of the restoration works were budgeted to be undertaken by Shire staff. It is recommended that $58,180 of the recently approved NDRRA cost estimate variation be allocated to internal resources required to undertake the works. Management is comfortable that this reallocation of Shire staff resources will not adversely affect operations.

COMMENT

Restoration works have commenced and initial estimates relating to the supply and cartage of gravel were identified as insufficient to effectively restore to the original condition as per the approved methodology. Subsequently additional gravel is required to complete these contracts.

Cost increases to gravel are primarily due to two factors and cartage were attributed to the factors below:

· Gravel volumes required for reinstatement including (including compaction) have been underestimated due to variable depths of scouring across scope of works.

· Gravel haulage costs have been underestimated across the project.

· Administrative error in calculations

The 17/18 budget has provision for $3,450,000. This has been carried across to the 18/19 financial year to facilitate the completion of works. Due to the inaccurate costings additional MRWA funding was sought and has been approved. As WANDDRA funding can only be accessed in arrears, the Shire is required to meet the costs of works prior to claiming reimbursements. Therefore, Council is required to approve a budget amendment to allocate $640,595 to income and expense accounts 120306 and 102204 respectively, to accommodate for the latest agreed NDRRA cost estimate.

Additionally, as Council originally awarded the contracts for each package of work to a maximum value, the contracts are required to be varied to accommodate the additional the additional spend.

All costs associated with the above works will be recovered through WANDRRA claim AGRN 793.

CONSULTATION

Main Roads Western Australia

Talis Consultants

McCorry Brown Earthmoving

Roadline Civil Contractors

STATUTORY ENVIRONMENT

Local Government Act 1995

3.57 Tenders for providing goods or services

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

(2) Regulations may make provision about tenders

Local Government (Functions and General) Regulations 1996

11. When tenders have to be publicly invited

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

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

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

POLICY IMPLICATIONS

Purchasing 2.1.2

FINANCIAL IMPLICATIONS

The 17/18 budget has provision for $3,450,000. This has been carried across to the 18/19 financial year to facilitate the completion of works. Due amount however due to the inaccurate costings additional funding was sought and has been approved. As WANDDRA funding can only be accessed in arrears, the Shire is required to meet the costs of works prior to claiming reimbursements. Therefore, Council is required to approve a budget amendment to allocate $640,595 to income and expense accounts 120306 and 102204 respectively, to accommodate for the latest agreed NDRRA cost estimate.

Additionally, as Council originally awarded the contracts for each package of work to a maximum value, officers are seeking Council approval to increase the maximum contract values in line with the revised cost estimate.

The following table illustrates the cost variations in each package of works:

WANDRRA Packages	Original Gravel Estimate	Revised Gravel Estimate	Difference in Cost
Phase 1	$33,100	$73,267	$40,167
Phase 2	$23,246	$95,143	$70,897
Phase 3	$285,286	$741,005	$455,719
Phase 4	$20,612	$36,244	$15,632
In House Works	$8,234	$66,414	$58,180
Total			$640,595

Officers are seeking Council approval for a budget amendment to allocate $640,595 to income and expense accounts 120306 and 102204 respectively, to accommodate for the latest agreed NDRRA cost estimate, noting that all costs associated with the above packages of work will be recovered through WANDRRA claim AGRN 793.

RISK

There are risks associated with the contractor not carrying out the required works to a satisfactory standard which may result in project delays and has the potential to affect the eligibility of claims.

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

The engagement of Talis Consultants as Project Managers will further reduce the risk of works not being completed to specification or within budget estimates.

STRATEGIC IMPLICATIONS

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

Affordable services and initiatives to satisfy community need

Accessible and safe community spaces

Participation in recreational and leisure activity

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

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

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

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

Affordable and equitable services and infrastructure

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

Responsible resource allocation

VOTING REQUIREMENTS

Absolute Majority

Council Resolution:

(Report Recommendation)

Moved: Cr M Fairborn Seconded: Cr C Mitchell

That Council:

1. Consistent with the approved Main Roads Western Australia variation for AGRN 793, authorises the value of the associated contracts to be varied by a maximum value of;

· RFQ 18/60 - $40,167,

· RFQ 18/61- $70,897,

· RFQ 18/62 - $455,719

· RFQ 18/64 - $15,632.

2. Notes that $58,180 is to be allocated to in-house works;

3. Approves a budget amendment to allocate $640,595 to income account 120306 – Natural Disaster Grant; and

4. Approves a budget amendment to allocate $640,595 to expenditure account 102204 – 2017-2018 WANDRRA events – Works Maintenance.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 6/0

Attachments

1.	Gravel Reconciliation outlining difference in cost
2.	Email Approval from MRWA

2017 Local Government Ordinary Election held 21 October
Councillor		Cr H Tracey	Cr D Male	Cr M Fairborn	Cr W Fryer	Cr E Foy	Cr C Marriott	Cr P Matsumoto	Cr C Mitchell	Cr B Rudeforth
2017	23 November					LOA
2017	14 December			A	A	A
2018	22 February				LOA
2018	22 March		LOA		LOA			LOA
2018	26 April						LOA
2018	31 May
2018	28 June			A	A	A		LOA
2018	26 July					LOA		NA		A
2018	30 August		A					LOA
2018	27 September	LOA			A	LOA
2018	25 October		LOA			LOA	LOA

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

1.	Monthly Payment Listing September 2018
2.	Local Spending September 2018

1.	Draft Work Safety Health Policy
2.	Final Work Safety Health Policy

1.	Land Acquisition Site Map
2.	DA Approval 2014-14
3.	Valuation Report (Opteon)
4.	Valuation Report (APC)